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Under the Freedom of Information Act (FOIA), you can request any records that are in an agency's possession and control and are not in the public domain. Records considered under the public domain are those that could be found in a library or available from a clearinghouse.
The FOIA requests for records that may be located at any of the major operating divisions (CDC, FDA, NIH, etc.) should be submitted to the relevant FOIA Requester Service Center. We recommend that before submitting the FOIA request, you first consult the Guide to Information Resources, to determine which component of HHS is most likely to have the records being requested (http://www.hhs.gov/about/infoguid.html#pub).
The addresses for HHS FOIA Requester Service Centers can be found at http://www.hhs.gov/foia/contacts/index.html. Each FOIA Service Center webpage includes the direct contact information for the FOIA office for that organization.
There are three ways to submit a FOIA request:
No, but you may complete the online form located at the Submit a Request web page, or mail or fax a letter with as much detail as possible about the specific records you need and which organizational component you believe may have the records. As a guide for what information to include in making a request by mail or fax, you can reference the Submit a Request webpage.
If you request medical or personnel records, you must provide a consent form that names the person to whom the records pertain, a statement that HHS may release the records requested, with date and signature of the individual to whom the records pertain (for adults), and notarization.
If you request the records of a minor (a person under 18 years of age) your consent form must be signed by the minor's parent or guardian. The relationship between the minor and the person signing must be noted on the consent form.
In the original FOIA request, you are encouraged to specify the range of dates of the records you need. If you do not specify the time period which you would like the search to cover, the cut-off date will be the date on which the search is performed.
When your request is logged into the tracking system, you will receive a letter or card to acknowledge its receipt. Under the FOIA program, agencies initially have 20 working days and may take an additional ten (10) working days to respond to the request. The Office of the Secretary (OS) FOIA office will do its best to meet this deadline, but the nature of your request can be a factor in the speed of processing.
Some factors affecting the processing may include:
To assure a faster processing time for your request, we ask that you:
Expedited processing is not typically applicable for most requests, but may be granted in certain instances.
For more information on expedited processing, please see the U.S. Department of Justice’s FOIA Guide at www.usdoj.gov/oip/procereq.htm#expedited.
Under the FOIA, the government may withhold portions or all of some records if the records contain information that falls under any of the nine FOIA exemptions. The OS FOIA Office makes every attempt to provide a full release where possible, this is not always possible. The following are the most commonly cited exemptions which form the basis for withholding records.
To learn more about the exemptions, you may wish to view the FOIA, as amended, including the statutory exemption language: (http://www.justice.gov/oip/amended-foia-redlined-2010.pdf).
In the response letter you receive from the OS FOIA office, there will be a statement concerning which, if any, records were withheld, in full or in part, and which exemptions provides for withholding the records.
In all cases, it is the intent of the OS FOIA Office to release the records requested to the fullest extent possible.
If FOIA records are withheld, in part or in full, your response letter will include a statement of your appeal rights. The letter will say that you may appeal and provide instructions on how to appeal.
If you do appeal, it will be logged into the Office of the Secretary's FOIA tracking system, and the initial request will be reconsidered in light of the issues you raise in your appeal. The Assistant Secretary for Public Affairs (ASPA), or his/her designee, will respond on behalf of the Department as to the final determination on the appeal.
The OS FOIA office will respond in writing if the records were not located, and will also inform you of your right to appeal.
If you appeal, the appeal will be logged into the OS FOIA tracking system, and will be forwarded to whatever organizations may have records, including those which originally performed a search, for a follow-up search. The search results will be reviewed, and the ASPA or his/her designee will assess and make the final decision as to the adequacy of the search.
If the OS FOIA office is aware that another Department or Federal agency may have records you want, they will inform you of this.
We are allowed to recover part of the costs associated with the processing of FOIA requests. Unless you state a specific fee limit in your request, we will assume that you are willing to pay all the fees incurred in the processing of your request and we may contact you concerning the fees.
If your estimated fees exceed $250.00, you may be given the opportunity to narrow your request to reduce the fees or to confirm your commitment to pay the estimated amount.
You may wish to specify, in your request, the amount of fees you are willing to pay. We will then notify you if the anticipated fees will exceed this limit, and ask whether you wish us to proceed with the processing of your request.
The need to clarify fee issues or the absence of your willingness to pay processing costs could result in the delay or cancellation of your request. We ask each requester, therefore, to provide a statement of willing to pay all FOIA processing costs, as the amount of search and review time involved in processing your request may not be readily apparent.
For purposes of fee assessments, the FOIA divides requesters into three categories: commercial use requesters; representatives of the media, and educational or noncommercial scientific institutions whose purpose is scholarly or scientific research; and, all other requesters.
For more information on fees/fee waivers see the Department's implementing regulations at 45 CFR part 5, Subpart D (http://www.hhs.gov/foia/45cfr5.html#Subd).
The OS FOIA Office can be reached by:
HHS sponsors a number of online training programs in many categories. To learn more, select from the following:
Library of Online Training Programs
Healthy Lifestyles
Disease/Condition-Related Training
Public Health and Health Care
Drug and Food
Emergency Preparedness & Response
Research/Researchers
The US Government hosts an official Web site for all Federal Forms at http://www.forms.gov/. The best way to find a form is to search by the official name.
The HHS Careers page at http://www.hhs.gov/careers/index.html provides information about employment opportunities, including federal jobs, student internships, fellowships, etc. There is also information about:
HHS provides a wealth of consumer health information that you can use every day to help improve your health or prevent illness through diet, exercise and preventive activities. A wide range of consumer health and human services information is available on the following sites:
Birth, death, and marriage certificates are issued by state government vital records offices. To obtain a certificate if you were born in the US, you will need to contact the vital records office in the state where the event occurred. To find state vital records offices, go to http://www.cdc.gov/nchs/w2w.htm.
If you are foreign-born, but are a US Citizen, information is available at: http://www.cdc.gov/nchs/w2w/foreign.htm
If you have any questions about a document issued by a state government vital records office, please contact that office for further assistance.