5.3.1: FOIA Process for Analyzing and Responding to FOIA Requests
Other Information:
The process for all components except FAA and FHWA: 1. The FOIA Office that receives the request asks the appropriate program
office(s) to search for responsive records. 2. Pertinent employees in the program office(s) search for responsive records
and, to the extent records are located, provide them to the FOIA Office to undergo a review. 3. If an employee who provides
responsive records believes that any of the records, or portions thereof, may be subject to an exemption from release, the
employee indicates that to the FOIA Office when providing the records. 4. The FOIA Office reviews the responsive records in
coordination with program office subject matter expert(s), and takes into consideration the subject matter expert(s)’ input
regarding whether particular information may be exempt from release. 5. The FOIA Office makes the ultimate determination regarding
release. When full disclosure of a record is not possible, the FOIA Office makes a partial disclosure of any reasonably segregable
non-exempt portions. When the FOIA Office determines that portions of a record are technically exempt from release, but the
exemption is a discretionary exemption (e.g., Exemption 2 (“low 2”) or Exemption 5 (deliberative process privilege)), the
FOIA Office makes a further determination of whether the exempt portions nevertheless can be released as a matter of discretion.
This requires that the FOIA Office make a “foreseeable harm” determination. In determining whether harm is reasonably foreseeable
to result from releasing information subject to a discretionary exemption, the FOIA Office considers such factors as the age
of the record, the sensitivity of the content, the nature of the decision at issue, the status of the decision, and the personnel
involved. The FOIA Office does not withhold information merely because public officials might be embarrassed by disclosure,
because errors and failures might be revealed, or because of speculative or abstract fears. The FAA and FHWA FOIA programs
are decentralized. The FOIA requests are accepted by FOIA coordinators and assigned to offices that hold responsive records
throughout the country. Those offices are responsible for searching for responsive records and for making disclosure determinations,
as well as for responding to the requester. The FOIA guidance is available to all FAA employees through regional FOIA coordinators
and through the National FOIA program office. The FOIA guidance is available to all FHWA employees through the headquarters
FOIA program office. In both the FAA and FHWA, legal advice is available at the regional and headquarters level. Like the
other DOT FOIA offices, the decentralized FOIA offices throughout the FAA and FHWA make partial disclosures of any reasonably
segregable non-exempt portions when full release is not possible. The decentralized offices also make discretionary disclosures,
as appropriate, when no “foreseeable harm” is found.
Indicator(s):
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