First FOIA (Food and Drug Administration)
Tracking # |
FDA1953751 2019-4995 FDA1953751 |
Multi Request | First FOIA |
Submitted | May 20, 2019 |
Est. Completion | None |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
*Documents generated as part of the creation of the FOIA office (defined as whatever department, office, or coordinator is responsible for overseeing and/or processing FOIA requests), whether this was at the time of the agency's creation or the passage of the Freedom of Information Act, to include:
1. The instruction to do so from the Agency, as well as any guidance from the senior leadership
2. Documents discussing proposals and procedures
3. Any legal guidance or analysis produced or acquired by the Agency in response to or as part of the creation of the FOIA office
4. Internal documents from the press office, legislative liaison's office (or equivalent), general counsel's office (or equivalent), director's office (or equivalent) or the newly created FOIA office, reacting to or characterizing the office and it's creation
* A copy of the agency's first perfected (successful) FOIA request
* Copies of other FOIA requests filed before the FOIA request described above
* Processing notes, search slips and response documents regarding the FOIA requests described above
* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA requests
* A copy of the agency's first successful FOIA appeal
* Copies of other FOIA appeals received by the agency before the appeal described above
* Processing notes, search slips and response documents regarding the FOIA appeals described above
* The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA appeals
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Emma Best
From: Food and Drug Administration
Reference: FDA1953751
Dear Requester,
This is to confirm that you submitted a request for record(s) from the Food and Drug Administration pursuant to the Freedom of Information Act.
FOIA staff will review your request to determine whether it has sufficient information to be processed; if so, you will receive another email as a formal acknowledgement of your request, with a control number for your request.
If your request is not sufficiently described, or if there are any other deficiencies with your submission, FOIA staff will contact you via telephone or email.
From: Food and Drug Administration
Note: Do NOT reply directly to this E-mail
Emma Best Emma Best
Re: Confirmation # FDA1953751
In Reply refer to: 2019-4995
The Food and Drug Administration (FDA) has received your Freedom of Information Act (FOIA) request for records regarding:
Documents generated as part of the creation of the FOIA office (defined as whatever department, office, or coordinator is responsible for overseeing and/or processing FOIA requests)
Original Subject: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: *Documents generated as part of the creation of the FOIA office (defined as whatever department, office, or coordinator is responsible for overseeing and/or processing FOIA requests), whether this was at the time of the agency's creation or the passage of the Freedom of Information Act, to include: 1. The instruction to do so from the Agency, as well as any guidance from the senior leade...
We will respond as soon as possible and may charge you a fee for processing your request.
If your informational needs change, and you no longer need the requested records, please contact us to cancel your request, as charges may be incurred once processing of your request has begun.
For more information on processing fees, please see http://www.fda.gov/RegulatoryInformation/FOI/FOIAFees/default.htm. If you have any questions about your request, please call Sarah B. Kotler, Director, Division Of Freedom Of Information at (301) 796-8976 or write to us at: (http://www.fda.gov/RegulatoryInformation/FOI/FOIAFees/default.htm)
Division of Freedom of Information, U.S. Food and Drug Administration
5630 Fishers Lane, Room 1035
Rockville, MD 20857
Fax:(301)827-9267
You also have the right to seek dispute resolution services from:
FDA FOIA Public Liaison
Office of the Executive Secretariat
5630 Fishers Lane, Room 1050
Rockville, MD 20857
E-Mail: FDAFOIA@fda.hhs.gov and/or:
Office of Government Information Services
National Archives and Administration
8601 Adelphi Road ? OGIS
College Park, MD 20740-6001
Telephone: 202-741-5770
Toll-Free: 1-877-684-6448
E-mail: ogis@nara.gov
Fax: 202-741-5769
From: Food and Drug Administration
Dear Ms. Best,
FDA received your request for:
Documents generated as part of the creation of the FOIA office (defined as whatever department, office, or coordinator is responsible for overseeing and/or processing FOIA requests), whether this was at the time of the agency's creation or the passage of the Freedom of Information Act, to include: 1. The instruction to do so from the Agency, as well as any guidance from the senior leadership 2. Documents discussing proposals and procedures 3. Any legal guidance or analysis produced or acquired by the Agency in response to or as part of the creation of the FOIA office 4. Internal documents from the press office, legislative liaison's office (or equivalent), general counsel's office (or equivalent), director's office (or equivalent) or the newly created FOIA office, reacting to or characterizing the office and it's creation * A copy of the agency's first perfected (successful) FOIA request * Copies of other FOIA requests filed before the FOIA request described above * Processing notes, search slips and response documents regarding the FOIA requests described above * The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA requests * A copy of the agency's first successful FOIA appeal * Copies of other FOIA appeals received by the agency before the appeal described above * Processing notes, search slips and response documents regarding the FOIA appeals described above * The first set of guidelines, instructions and/or forms created to control the agency's processing of FOIA appeals.
With respect to items 1 through 8, FDA does not have any responsive records due to the fact that they were created in the mid-1970s and have not been retained at FDA. You may want to contact NARA to see if they maintain any relevant records in their collection. With respect to items 9-12, FDA does not, and has not ever, heard its own FOIA appeals. FDA FOIA Appeals are heard by the Department of Health and Human Services. You may want to contact NARA to see if they maintain any relevant records in their collection.
You have the right to appeal this determination. By filing an appeal, you preserve your rights under FOIA and give the agency a chance to review and reconsider your request and the agency's decision.
Your appeal must be mailed within 90 days from the date of this response, to:
Deputy Agency Chief FOIA Officer
U.S. Department of Health and Human Services
Office of the Assistant Secretary for Public Affairs
Room 729H
200 Independence Avenue, S.W.
Washington, DC 20201
Please clearly mark both the envelope and your letter "FDA Freedom of Information Act Appeal."
If you would like to discuss our response before filing an appeal to attempt to resolve your dispute without going through the appeals process, please contact me at 301-796-8976 or Sarah.Kotler@fda.hhs.gov. You may also contact the FDA FOIA Public Liaison for assistance at:
Office of the Executive Secretariat
US Food & Drug Administration
5630 Fishers Lane, Room 1050
Rockville, MD 20857
E-mail: FDAFOIA@fda.hhs.gov<mailto:FDAFOIA@fda.hhs.gov>
If you are unable to resolve your FOIA dispute through our FOIA Public Liaison, the Office of Government Information Services (OGIS), the Federal FOIA Ombudsman's office, offers mediation services to help resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road-OGIS
College Park, MD 20740-6001
Telephone: 202-741-5770
Toll-Free: 1-877-684-6448
E-mail: ogis@nara.gov<mailto:ogis@nara.gov>
Fax: 202-741-5769
Sincerely,
Sarah B. Kotler, J.D.
Director
Office of the Executive Secretariat
Division of Freedom of Information
U.S. Food and Drug Administration
Tel: 301-796-8976
Sarah.Kotler@fda.hhs.gov<mailto:Sarah.Kotler@fda.hhs.gov>
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