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Policy on Freedom of Information Act Requests

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2.0 - Updated on 2023-09-14 by Anna Campbell

1.0 - Updated on 2020-10-20 by Eileen Crowley

1. Purpose

This policy establishes requirements that for Fermi Research Alliance, LLC (FRA) employees and others connected to the Fermi National Accelerator Laboratory (Fermilab) site must follow with respect to Freedom of Information Act (FOIA) requests.

2. Scope

All responses to FOIA requests received by FRA employees or Fermilab users.

3. Applicability

This policy applies to all FRA employees or any Fermilab User who receives a FOIA Request.

4. Effective Date and Date Reviewed/Updated

This Policy went into effect on December 14, 2014; and its update was effective on ­May 12, 2020.

5. Policy

FRA employees (or others who receive a request concerning management or operation of Fermilab) must send any request for information citing the Freedom of Information Act to the Office of General Counsel for handling. 

 

Any person or entity submitting a request for information relating to the management or operation of Fermilab that references FOIA must make the FOIA request to the Department of Energy.  FOIA requesters who contact FRA directly will be referred to the Department of Energy FOIA Officer by the Office of General Counsel.  FRA substantively responds only to Department of Energy (or other United States Government agency) requests to provide Government-owned records that may be responsive to FOIA requests that the Government agency receives. 

 

FRA is not a government entity and is not subject to FOIA requirements for FRA-owned records. FRA does not disclose FRA owned information in response to FOIA requests.

 

6. Definitions

FRA-owned records:   Records owned by FRA and identified as Contractor-owned records in Clause I.91(b) of the Prime Contract.

 

FOIA:          Freedom of Information Act

 

Government-owned records:  Records acquired or generated by FRA in performing the Prime Contract, except those designated as Contractor-owned records in Clause I.91(b) of the Prime Contract.

 

 7. Responsibilities

 

The Office of General Counsel is responsible for maintaining this policy and responding to FOIA requests. 

All employees are responsible for sending any request citing the Freedom of Information Act to the Office of General Counsel for handling and for providing information as requested by the Office of General Counsel for the FOIA response. 

8. Authorities

Freedom of Information Act, 5 U.S.C. § 552

Prime Contract No. DE-AC02-07CH11359 Clause I.91

9. Owner

The General Counsel is the owner of this policy.

10. Review Cycle

This policy shall be reviewed every five years.

11. Communication Plan

The Office of General Counsel will communicate this policy to all employees through posting this policy on the website and issuing annual reminders.

The approved version of this policy can be found at the following URL:

https://directorate-docdb.fnal.gov/cgi-bin/sso/RetrieveFile?docid=3&filename=FOIA%20Policy%20(2020.05.12).docx&version=2