FAQs: Freedom of Information Act (FOIA)

The Freedom of Information Act–FOIA (5 U.S.C. § 552) is a federal law that gives the public the right to make requests for federal agency records. The law defines the types of records that are subject to disclosure, outlines mandatory disclosure procedures, and defines nine exemptions that exclude certain records from disclosure. NIOSH makes requested records available unless the records are protected from disclosure by one or more of the FOIA exemptions. FOIA exemptions can be found on CDC’s E-Z Guide to FOIA Exemptions page.

Yes, FOIA applies only to federal agencies. It does not apply to records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws that should be consulted for access to state and local records.

Documents pertaining to activities carried out under Energy Employees Occupational Illness Compensation Program Act of 2000 may include information pertaining to national security or information that is protected under the Privacy Act. The FOIA process ensures that national security or privacy information is appropriately reviewed for possible redactions from a document prior to it being sent to a claimant or other requestor.

FOIA allows agencies to charge some requestors for FOIA services (e.g., search and review time, copy costs, and special services like document certification and Federal Express fees) if the costs exceed certain thresholds. However, there is no initial fee to make a FOIA request, and in most cases, claimants and SEC petitioners do not pay any fees. If you are concerned about fees, ask for a cost estimate.

For more information on fees, please see the Department of Health and Human Services’ page on FOIA Fees.

It is the policy of HHS to waive or reduce FOIA fees if disclosure of the information meets both of the following criteria:

• It is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government; and
• It is not primarily in the commercial interest of the requestor.

The CDC FOIA Office makes the determination to grant or deny fee waiver requests.

Submit your request to the CDC/ATSDR FOIA Office at the following address:

CDC/ATSDR
Attn: FOIA Office, MS-D54
1600 Clifton Road, N.E.
Atlanta, GA 30333
Fax number: 404-639-7395
Phone number: 404-639-7270
Email: foiarequests@cdc.gov

All FOIA requests are processed as soon as possible in the order they are received.

If you have more questions about FOIA:

• Contact DCAS directly:
  E-mail: dcas@cdc.gov
  Phone: 513-533-6800
• Contact the CDC FOIA Office directly:
  E-mail: foiarequests@cdc.gov
  Phone: 404-639-7270