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Freedom of Information Act GuideFOIA GuidelinesThe purpose of this overview is to answer some frequently asked questions about the Freedom of Information Act (FOIA). For further information on how FOIA is implemented at the National Endowment for the Arts, please see 45 C.F.R. § 1100.
What is The Freedom of Information Act?The Freedom of Information Act (FOIA) was established in 1966 for the purpose of allowing private citizens greater access to government information. FOIA sets standards for determining which records must be disclosed and which records may be withheld. A list of FOIA exemptions determines which categories of information the agency may withhold. However, FOIA also provides administrative and judicial remedies for those who are denied their request. Most importantly, FOIA requires all federal agencies to provide you with the fullest possible disclosure of information. It is our desire to assist you in obtaining this information. On January 21, 2009, President Barack Obama signed two memoranda to executive departments and agencies concerning 1.) the Freedom of Information Act and 2.) Transparency and Open Government. Among the principles established are:
What is the Privacy Act?The Privacy Act of 1974 is a companion to FOIA. It allows individuals access to federal agency records about themselves. For more information about the Privacy Act, please click here. How do I make a FOIA request?You can fax, write, or email: FOIA Requests To view a sample FOIA request, please click here. What information can I get through FOIA?Are there documents I can access without a FOIA request? Yes! In particular, there are many interesting and informative documents on our website which we encourage you to browse at your leisure. You will find answers here to most questions you may have about the programs of the Arts Endowment, as well as a wealth of information about the grant award process. You'll also find application materials and guidelines available on the web site, along with lists of other Endowment publications that you can obtain through our Communications Office. What types of records can be obtained from the NEA through FOIA requests? Here are some examples of the types of frequently requested documents which have routinely been released (after redaction of exempted information such as home addresses and phone numbers, and individual salaries): Grant Records
Agency Operations
Does FOIA allow access to all NEA Records?No. FOIA provides nine specific exemptions that allow certain records to remain unavailable:
In addition, just as FOIA provides greater public access to government documents subject only to these limited exemptions, the Privacy Act prevents certain personal and financial information from being disclosed to persons other than the subject of the information. What categories of information CANNOT be obtained through FOIA? The Arts Endowment may withhold information if it falls within one of the nine FOIA exemptions. The Endowment most frequently withholds information under exemptions 2, 3, 4, 5, and 6. By far the Endowment's most frequent basis for withholding information is FOIA exemption 6, which protects many types of personal information about grant applicants, grantees, and NEA personnel. The most frequently withheld materials are: Grantee proprietary information (exemptions 3 and 4), such as:
Internal deliberative materials (exemption 5) such as:
Personal information of grantees and third parties (exemptions 4 and 6) such as:
Other exempted materials, such as:
I would like to find out what was said about my application. Can I request records and comments made at a meeting of the review panel? No. Internal records are kept of the meetings where applications are reviewed and voted upon. However, so that peers of the applicants will feel free to discuss the applications candidly, it's necessary to keep all comments confidential. An applicant (but not a third party) may request that we prepare a summary of the panel's discussion of its application. Brief summary minutes of panel meetings are available for public disclosure. Why can't I find out who will be serving on the panel which will vote on my application? We generally will not release the names of the panelists prior to the meeting of the panel. Release of panelist names prior to the panel meeting could risk a compromise in the integrity of the panel process or result in an invasion of the panelists' privacy should anyone attempt to contact panelists for the purpose of influencing the panel. On request, we may release the panelists' names after the completion of the panel review process. For example, an applicant might believe that one of the panelists had a conflict of interest which unfairly prejudiced their review of the application. The applicant would need to know the identities of the panelists in order to make a determination on whether to seek reconsideration. More information on the panel process can be obtained by accessing the directory on the NEA homepage. Will I be able to tell whether a substantial amount of information has been deleted from the records I receive? Yes, your records will indicate that information has been deleted unless doing so would harm an interest protected by the list of FOIA exemptions. Are there fees involved in requesting documents?Depending upon the type of request, certain types of fees may be charged. Please see the fee schedule for additional information. How long will I have to wait to receive the information I've requested?Once the NEA receives a FOIA request, it has 20 business days to respond. However, we are often able to respond without delay. In 2008, our median FOIA response time was 7 days. If the document you are looking for is available on the Endowment's Website, you may download it immediately. What are the common reasons for delay?
Can my request be expedited? Yes, under certain conditions. You must demonstrate a compelling need for a quicker response. A compelling need can be demonstrated by showing either:
If a delay in the response to your request would compromise a significant and recognized public interest, the expedition requirement would be satisfied. However, a general assertion of "the public's right to know" will not be sufficient to expedite a request. What can I do if my FOIA request is denied?If your FOIA request is denied, you have the right to appeal the denial to the head of the agency. What can I appeal?
How do I file a FOIA appeal? Appealing to the head of an administrative agency under FOIA is a simple process. You do not need a lawyer to help you write an appeal. Your letter should identify what you are appealing and why you disagree with the agency's decision to withhold information. You should be as complete as possible. There is no charge for filing an administrative appeal. Write to: NEA Chairman Can I keep the NEA from releasing information about me to someone else?This situation is called a "reverse FOIA." A reverse FOIA is when someone petitions or sues the agency to prevent it from releasing specific information. Unless the petitioner can show that the information in question is protected by a FOIA exemption, or would cause specific and serious harm if released, the agency may choose whether or not to release the information. National Endowment for the Arts · an independent federal agency |
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