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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

Policy on Freedom of Information Requests

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.

 

This Policy is not a contract and is not intended to create any obligations on FRA. This Policy may be terminated or changed by FRA at any time, with or without notice.

 

2.  Scope

All responses to FOIA requests received by FRA employees or Fermilab Users or Affiliates that relate to FRA or Fermilab information.

 

3.  Applicability

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

 

4.  Effective Date and Date Reviewed/Updated

This Policy went into effect on December 14, 2014; it was updated on ­May 12, 2020.  The current policy review and update is effective as of September 13, 2023.

 

5.  Policy

FRA is not a government entity and is not subject to FOIA requirements for FRA-owned records. FRA does not disclose FRA (contractor) owned information in response to FOIA requests by outside individuals or entities.

 

FRA employees, Users or Affiliates who receive a FOIA request concerning management or operation of Fermilab must send any request for information citing the Freedom of Information Act (either the federal or state law) to the Office of General Counsel for handling. 

 

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 in  responsive to FOIA requests.

 

6.  Definitions

FRA or contractor-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, either under federal or state law.

 

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 FRA employees and Fermilab Users and Affiliates 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

Illinois Freedom of Information Act, 5 ILCS 140/1, et seq.

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 three years.

 

 

11.  Communication Plan

The Office of General Counsel will communicate this policy to all employees through posting this policy in the Fermilab Policies database and on the Office of General Counsel webpage.

 

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=2023.09.01%20-%20Policy%20on%20Freedom%20of%20Information%20Requests%20-%20FINAL.pdf&version=