MSFC NASA MWI 1380 1 REV C-2008 HANDLING OF FREEDOM OF INFORMATION ACT REQUESTS《信息自由法诉求的处理》.pdf

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1、CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE MWI 1380.1 REVISION C EFFECTIVE DATE: September 11, 2008 EXPIRATION DATE: September 11, 2013 MARSHALL WORK INSTRUCTION CS01 HANDLING OF FREEDOM OF INFORMATION ACT REQ

2、UESTS Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Work Instruction CS01 Handling of Freedom of Information MWI 1380.1 Revision: C Act Requests Date: September 11, 2008 Page 2 of 9 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/

3、directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE DOCUMENT HISTORY LOG Status (Baseline/ Revision/ Canceled) Document Revision Effective Date Description Baseline 11/16/99 Document is a complete rewrite of MMI 1382.1E to an MWI. Changed organizational code from CO01 to CD0

4、1, added definitions, defined processes, and added flow chart. Revision A 10/23/2004 Rewrite to comply with NASA HQS action to show requirements. Added Appendix Z guidance. Rewrites to clarify requirements Revision B 9/6/2005 Changed to reflect FOIA Officer change to FOIA Officer and organization ch

5、anges. Revision C 9/11/2008 Revised 2. Applicability statement to address the applicability of this directive to the Michoud Assembly Facility. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Work Instruction CS01 Handling of Freedom of Info

6、rmation MWI 1380.1 Revision: C Act Requests Date: September 11, 2008 Page 3 of 9 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE 1. PURPOSE This Marshall Work Instruction (MWI) describes the process for handling Fr

7、eedom of Information Act (FOIA) requests received at the Marshall Space Flight Center (MSFC). It is the policy of MSFC to respond to FOIA requests in a thorough and timely manner with a strong emphasis on the release of Agency records to the fullest extent practicable. 2. APPLICABILITY This MWI appl

8、ies to the personnel, programs, projects, and activities at MSFC and MSFCs Michoud Assembly Facility, including contractors and resident agencies to the extent specified in their respective contracts or agreements. (“Contractors,” for purposes of this paragraph, include contractors, grantees, Cooper

9、ative Agreement recipients, Space Act Agreement partners, or other agreement parties.) 3. APPLICABLE DOCUMENTS 3.1 5 U.S.C. Sec. 552, “Freedom of Information Act,” as amended 3.2 14 Code of Federal Regulations (CFR), Part 1206 3.3 NPR 1441.1, “NASA Records Retention Schedule” 3.4 MPD 2190.1, “MSFC E

10、xport Control Program” 4. REFERENCES None 5. DEFINITIONS 5.1 Agency Records or Records. All books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by MSFC in pursuance of Federal law or in connection with the transaction of

11、public business. NASA preserves them as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities or because of the informational value of data contained therein. It does not include tangible objects or articles such as structures, furniture, paintings

12、, sculptures, exhibits, models, vehicles or equipment; library or museum material made or acquired and preserved solely for reference or exhibition purposes; or records of another Agency, a copy of which may be in NASAs possession. 5.2 Final Determination. A decision by the NASA Administrator or his

13、 designee on an appeal. 5.3 FOIA. Freedom of Information Act. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Work Instruction CS01 Handling of Freedom of Information MWI 1380.1 Revision: C Act Requests Date: September 11, 2008 Page 4 of 9 C

14、HECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE 5.4 FOIA Officer. A point of contact established within MSFC to manage the FOIA Program. This includes coordinating the receipt of requests, search for documents, lega

15、l review of documents, and signing the initial determination of all FOIA requests. 5.5 FOIA Request. Any request for NASA records that has been addressed to the MSFC FOIA Office or otherwise clearly identified as a request for Agency records under the “Freedom of Information Act.” 5.6 Initial Determ

16、ination. A decision by the FOIA Officer as to whether the record described in the request can be identified and located after a reasonable search, and, if so, whether the record (or portions thereof) will be made available or will be withheld from disclosure. 5.7 Statutorily Prescribed Time Limit. A

17、ccording to 5 U.S.C. 552, the time limit for answering all FOIA requests is 20 days from the time the request is received by the FOIA Officer. 6. INSTRUCTIONS This MWI relates to the receipt, process, administration, and initial determination of all FOIA requests received at MSFC. Upon receipt, all

18、FOIA requests shall be forwarded to the Public and Employee Communications Office, FOIA Officer. 6.1 Public and Employee Communications/FOIA Officer: 6.1.1 Shall receive all FOIA requests sent to MSFC. The request shall be logged into the FOIA database and assigned a control number. Requests shall b

19、e written and shall be accepted in paper, fax, or electronic mail formats. 6.1.2 Shall annotate 20-day suspense in the database. (For guidance on extensions see Appendix Z.1.) 6.1.3 Shall search the FOIA database to verify if the Agency record has been requested previously. 6.1.4 Shall send a submit

20、ter notice to the person or entity that is the source of commercial information contained in the document, if the Agency record has not been previously requested. The submitter shall be directed to provide any comments regarding release of the Agency record to the Office of Chief Counsel. 6.1.5 Shal

21、l search all sources to verify the Agency record custodian. The request for the Agency record shall be sent to the custodian with instructions to forward to the FOIA Officer. The custodian shall be given a 5 working day suspense for response to the FOIA Officer. Provided by IHSNot for ResaleNo repro

22、duction or networking permitted without license from IHS-,-,-Marshall Work Instruction CS01 Handling of Freedom of Information MWI 1380.1 Revision: C Act Requests Date: September 11, 2008 Page 5 of 9 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS

23、IS THE CORRECT VERSION BEFORE USE 6.1.6 After an Agency record is retrieved, the FOIA Officer shall ensure the record custodian has identified any export control information in the record and forward the record to the Office of Chief Counsel for interpretation of the requirements of the FOIA. 6.1.7

24、If full release of the Agency record is recommended by Office of Chief Counsel, the FOIA Officer shall prepare and sign the letter, along with the requested Agency record, to be sent to the requester. 6.1.8 If deletions are made, the FOIA Officer shall prepare the letter and shall sign the letter to

25、 be sent to the requester. 6.1.9 A copy of the signed letter shall be forwarded to the Office of Chief Financial Officer for collection of any fees. Fees shall be assessed according to guidelines set forth in 14 CFR, Part 1206. 6.1.10 Shall note in the FOIA database when the request is completed. A

26、record shall be maintained according to file retention plan set forth in NPR 1441.1. 6.2 Office of Chief Counsel shall make a recommendation to the FOIA Officer on initial determination for release of Agency record incorporating any comments received from the submitter notice. 6.3 Centerwide Organiz

27、ations: 6.3.1 All MSFC organizations shall be responsible for immediate referral of any requests received from members of the public for release of records under the provisions of the FOIA to the Public and Employee Communications Office/FOIA Officer for necessary response. In no event shall any org

28、anization or individual attempt to reply to a request under the FOIA other than the Public and Employee Communications Office. 6.3.2 All MSFC organizational elements shall cooperate fully with the FOIA Officer to ensure that the Center meets the statutorily prescribed time limit of responding to FOI

29、A requests. 6.4 Custodians of Agency Records: 6.4.1 Custodians of Agency records shall be responsible for providing a copy of the requested documents to the FOIA Officer in a timely fashion. All costs associated with the duplication/reproduction of requested Agency records shall be the responsibilit

30、y of the custodians organization. (For guidance on extensions see Appendix Z.2.) 6.4.2 If the request is for large volumes of records, the record custodian shall notify the FOIA Officer to ensure the requester is aware of the costs of obtaining such records. Search of the records shall cease until t

31、he FOIA Officer verifies with the requester the costs involved with this Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Work Instruction CS01 Handling of Freedom of Information MWI 1380.1 Revision: C Act Requests Date: September 11, 2008 Pa

32、ge 6 of 9 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE request. The FOIA Officer shall notify the record custodian of any changes to the request or to proceed with the search as originally requested. A new suspe

33、nse date shall be established. 6.4.3 The record custodian shall be responsible for identifying any export control information contained in the record as defined in MWI 2190.1 and shall inform the FOIA Officer whether any of these records are subject to the export control restrictions. 7. NOTES 7.1 T

34、he FOIA establishes a positive and continuing obligation for NASA to make available, to the fullest extent practicable, all Agency records under its jurisdiction upon request of the public. Guidelines as to the extent that records may be exempt from disclosure are provided in 14 CFR 1206. 7.2 NASA h

35、as established a Headquarters Information Center in Washington, DC. FOIA Officers office at MSFC is established as the MSFC Field Information Center. Field information centers are augmenting information resources to receive and fill public requests not normally and routinely handled by other establi

36、shed information resources (as stated below in 7.3). The Field Information Center at MSFC will be open to the public during all regular workdays from 8:30 a.m. to 4:00 p.m. 7.3 Public and Employee Communications Office, Technology Transfer Department, Procurement Office, Academic Affairs Office, and

37、 others will continue to furnish information and handout material in accordance with the established NASA education, public inquiries, technology transfer, and similar programs. However, in the event that a request is received for information not available from one of these sources or the request is

38、 for the type of information not routinely released by one of these sources, the request will be immediately forwarded to the FOIA Officer. 8. SAFETY PRECAUTIONS AND WARNING NOTES None 9. RECORDS A file shall be maintained for each FOIA request. All contents of this file shall be considered the reco

39、rd for this process. The file may contain the following: original request from requester, memo to custodian of an Agency record with suspense noted and amount of time spent searching for the record, background information on the record being requested (if applicable), Office of Chief Counsels memora

40、ndum stating review and recommendation of initial determination, copies of deletions made from an Agency record prior to release, and/or memorandum to requester with determination to release or giving the rationale for totally or partially withholding the record requested. This file shall be maintai

41、ned according to the file retention plan set forth in NPR 1441.1 Schedule 1/49/A. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Work Instruction CS01 Handling of Freedom of Information MWI 1380.1 Revision: C Act Requests Date: September 11

42、, 2008 Page 7 of 9 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE 10. PERSONNEL TRAINING AND CERTIFICATION None 11. FLOW DIAGRAM See Appendix A 12. CANCELLATION MWI 1380.1B dated September 6, 2005 Original signed

43、by David A. King Director Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Work Instruction CS01 Handling of Freedom of Information MWI 1380.1 Revision: C Act Requests Date: September 11, 2008 Page 8 of 9 CHECK THE MASTER LIST at https:/repos

44、itory.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE FOIA Request Received and Logged Into Database Note 20-Day Suspense Prepare Notice to Custodian of Agency Record Check FOIA Database for Previous Request of Agency Record Submitter Notice to Contractor A

45、gency Record Given to FOIA Officer and Placed in FOIA File FOIA File to Chief Counsel for Review and Determination Chief Counsel Opinionto FOIA Officer Deletions/RedactionsRequired FOIA Officer Preparesand Signs Memorandum Back to Requester FOIA Officer Prepares and Signs MemorandumTo Requester Copy

46、 to Office ofChief FinancialOfficer for Collection Request is Closed Out inFOIA DatabaseYes No Appendix A Handling of Freedom of Information (FOIA) Requests Flow Diagram 6.1.1 6.1.2 6.1.5 6.1.36.1.4 6.3.1 6.1.6 6.1.76.1.76.1.86.1.86.1.96.1.10Provided by IHSNot for ResaleNo reproduction or networking

47、 permitted without license from IHS-,-,-Marshall Work Instruction CS01 Handling of Freedom of Information MWI 1380.1 Revision: C Act Requests Date: September 11, 2008 Page 9 of 9 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSIO

48、N BEFORE USE Appendix Z Guidance 6.(a)(2) Only in unusual circumstances will an extension be requested (See section 6.1.2.). If an extension is required, the FOIA Officer will contact the requester and will come to an agreement of the new suspense date. The new suspense date will be noted in the FOI

49、A file and notification sent to the record custodian and the Office of Chief Counsel. 6.(d)(1) The custodian will ordinarily meet the suspense date given by the FOIA Officer (See section 6.4.1.). Only in unusual circumstances will an extension be requested. If an extension is required, the custodian should notify the FOIA Officer and a new suspense dat