Freedom of Information Act
Office of the General Counsel
Welcome to ONCD’s FOIA Page. We hope this website provides helpful information for you about ONCD and about the Freedom of Information Act.
Key ONCD FOIA Contacts
FOIA Officer
James Halpert, Esq.
General Counsel
FOIA Office
Office of the National Cyber Director
725 17th Street NW, Suite 427
Washington, DC 20006
E-mail address: FOIA@ncd.eop.gov
Government-wide FOIA.Gov Portal: https://www.foia.gov/ Using the FOIA.gov system is an alternative option for submitting FOIA requests to OMB that allows requesters to create a request using a web-based form. However, requests may still be submitted directly to ONCD using the above contact information.
I. The Freedom of Information Act
As the President stated on December 14, 2005, in his Executive Order 13,392, Improving Agency Disclosure of Information,
“The effective functioning of our constitutional democracy depends upon the participation in public life of a citizenry that is well informed. For nearly four decades, the Freedom of Information Act (FOIA) has provided an important means through which the public can obtain information regarding the activities of Federal agencies. Under the FOIA, the public can obtain records from any Federal agency, subject to the exemptions enacted by the Congress to protect information that must be held in confidence for the Government to function effectively or for other purposes.”
The Freedom of Information Act (5 U.S.C. § 552), provides a right of access to the public of government records. The Act also allows the government to withhold certain information in responding to those requests in 9 exemptions, including for national security, deliberative process and attorney client, and confidential business information, to name a few.
II. Frequently Asked Questions
About ONCD
About FOIA and How To Submit a Request
- What does FOIA do?
- How do I submit a FOIA request?
- Do I need to submit a particular form to request documents under FOIA?
- Is there a fee to submit a FOIA request?
- May I ask for my request to be expedited?
- What are the reasons for not releasing a record requested under a FOIA?
- How long will it take to receive an answer to my FOIA request?
- What will I receive, in response to my FOIA request?
- What if I have concerns about the processing of my FOIA request?
About the Response I Receive From ONCD
- What if I have concerns about the response I receive to my FOIA request?
- How do I appeal ONCD’s response to my FOIA request?
- When will I hear back on my appeal?
About Documents ONCD Has
About ONCD
What does ONCD do?
The Office of the National Cyber Director (ONCD) advises the President of the United States on cybersecurity policy and strategy. Established by Congress in 2021, ONCD is a component of the Executive Office of the President at the White House. The Office spearheaded the development of the President’s National Cybersecurity Strategy, which President Biden issued on March 2, 2023. ONCD coordinates a whole-of-government approach to implement the National Cybersecurity Strategy.
ONCD’s mission is to advance national security, economic prosperity, and technological innovation through cybersecurity policy leadership. In carrying out its directive, ONCD works closely with White House and interagency partners, as well as with all levels of government, America’s international allies and partners, non-profits, academia, and the private sector, to shape and coordinate federal cybersecurity policy. Guided by the President’s vision, as articulated in the National Cybersecurity Strategy, ONCD is working to create a more equitable, safe, and resilient interconnected world in which every American can thrive and prosper.
What offices does ONCD have?
ONCD has offices in the Eisenhower and New Executive Office Buildings in Washington, DC, but does not have regional or field offices. ONCD staff are divided into the following offices:
- ONCD Director’s Office (Front Office)
- Office of the Chief of Staff
- Office of the General Counsel
- Office of Legislative Affairs
- Office of Public Affairs
- Office of Resource Management & Administration
- Office of Stakeholder Engagement
- Federal Cyber Division
- National Cyber Division
- Strategy and Budget Division
- Technology and Ecosystem Division
What types of records does oncd have?
As noted below, FOIA provides a right of access to the public of federal government records. The records requested from the ONCD should relate to its mission (see What does ONCD do?).
FOIA also allows the government to protect certain information by responding to those requests with one of nine exemptions, including national security concerns, deliberative process privilege and attorney client privilege, as well as certain law enforcement and confidential business information, to name a few.
About FOIA and How To Submit a Request
WHAT DOES FOIA DO?
The Freedom of Information Act (5 U.S.C. § 552), provides a right of access to the public of government records
HOW DO I SUBMIT A FOIA REQUEST?
Individuals wishing to file a FOIA request must write a letter to submit a FOIA request. Address your letter to:
James Halpert, Esq., FOIA Officer
General Counsel
Office of the National Cyber Director
725 17th Street NW, Suite 427
Washington, DC 20006
E-mail address: FOIA@ncd.eop.gov
Please note that for security reasons, ONCD’s receipt and processing of mail may be delayed. Therefore, the preferred way to send your FOIA request is by email, without any attachments, also for security reasons. You should be as specific as possible in your request for records (see below for records you can receive without submitting a FOIA request). Please describe the specific records you are requesting in sufficient detail so that the records can be located with a reasonable amount of effort. Upon receipt of a FOIA request, the FOIA Officer will determine within 20 days (excepting Saturdays, Sundays and legal public holidays) after the receipt of such request whether it is appropriate to grant the request. Please be aware that the time period for providing a response may be extended under the FOIA, for many reasons.) ONCD will provide a written response pertaining to the FOIA request, if there is a denial in whole or in part. Also, ONCD will notify the requester under those aforementioned circumstances, of their right to file an appeal with ONCD. Additionally, if ONCD denies an appeal in whole or in part, the requester may seek judicial review of that denial.
DO I NEED TO SUBMIT A PARTICULAR FORM TO REQUEST DOCUMENTS UNDER FOIA?
No. However, in order to process your request, you need to reasonably describe the records you seek, providing as much information as possible, so that ONCD can identify the appropriate subject matter expert who might hold those records so that a reasonable search can be conducted. ONCD may also contact you to clarify or provide more detail before processing your request.
IS THERE A FEE TO SUBMIT A FOIA REQUEST?
Yes. ONCD, like other agencies, may charge a fee for responding to your FOIA request. The amount of fee depends on who you are and why you are making a FOIA request. The FOIA Act divides requesters into four categories for fees, as described below. In addition, in certain circumstances, ONCD may request advance payment of fees. You may also indicate, in your letter or email, how much in fees you are willing to pay.
MAY I ASK A QUESTION UNDER THE FOIA?
No. Please be aware that FOIA does not require agencies to do research, analyze data, answer written questions, or to create records in order to respond to a request. It is also important to understand that there is no central office in the government which processes FOIA requests for all agencies; each Federal agency responds to FOIA requests for records in its own files. Thus, the public may submit FOIA requests to ONCD to obtain records that are in ONCD’s files.
MAY I ASK FOR MY REQUEST TO BE EXPEDITED?
The FOIA statute provides for the circumstances under which you can request expedited processing. Generally, you can request expedited processing if you can demonstrate in your request letter to ONCD at least one of the following:
- Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;
- An urgency to inform the public about an actual or alleged Federal government activity, if made by a person primarily engaged in disseminating information;
- The loss of substantial due process rights; or
- A matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which effect public confidence.
- ONCD will make a determination on your request for expedited processing within 10 working days.
WHAT ARE THE REASONS FOR NOT RELEASING A RECORD REQUESTED UNDER THE FOIA?
The FOIA statute provides reasons why an agency may withhold (in part, or in whole) a requested record. Such records are considered to be legally exempt from release. Among the reasons for non-disclosure are the following exemptions:
- Exemption (b)(1) National Security
- Exemption (b)(2) Internal Documents
- Exemption (b)(3) Statutory withholding
- Exemption (b)(4) Commercial or proprietary data
- Exemption (b)(5) Pre-decisional, deliberative communications
- Exemption (b)(6) Privacy
- Exemption (b)(7) Law enforcement
- Exemption (b)(8) Financial institutions
- Exemption (b)(9) Geological information
HOW LONG WILL IT TAKE TO RECEIVE AN ANSWER TO MY FOIA REQUEST?
The FOIA Act gives Agencies a minimum of 20 working days (excluding Saturdays, Sundays and legal public holidays) to respond to your request. The 20-day time period only begins when ONCD has received your email or letter. ONCD can also extend that time period an additional 10 working days, and will notify you when that occurs. As noted above, due to security reasons, ONCD’s receipt and processing of mail could be delayed.
WHAT WILL I RECEIVE IN RESPONSE TO MY FOIA REQUEST?
ONCD will send you a letter acknowledging receipt of your FOIA request. Furthermore, if we locate records in response to your request, but have withheld any part of them, our letter will tell you of your right to file an appeal (see below for how to file an appeal). If ONCD denies an appeal in whole or in part, the requester may seek judicial review of that denial.
WHAT IF I HAVE CONCERNS ABOUT THE PROCESSING OF MY FOIA REQUEST?
ONCD has a FOIA Officer, James Halpert, Esq., who may be reached at: (202) 881-7985. He or a colleague may be available to assist you in answering questions that you have about your request, if you are not satisfied with the assistance you receive from the agency.
About the Response I Receive From ONCD:
WHAT IF I HAVE CONCERNS ABOUT THE RESPONSE, I RECEIVE TO MY FOIA REQUEST?
As noted above, ONCD has a FOIA Officer, James Halpert, Esq. ((202) 881-7985). He or a colleague may be available to assist you in answering questions that you have about ONCD’s response to your request.
HOW DO I APPEAL ONCD’S RESPONSE TO MY FOIA REQUEST?
Send your appeal, by mail or email (Subject line: Appeal) to the same address that you sent your request:
James Halpert, Esq., FOIA Officer
General Counsel
Office of the National Cyber Director
725 17th Street NW, Suite 427
Washington, DC 20006
E-mail address: FOIA@ncd.eop.gov
WHEN WILL ONCD RESPOND TO MY APPEAL?
The FOIA Act gives ONCD a minimum of 20 working days (excluding Saturdays, Sundays and legal public holidays) to respond to your appeal request. ONCD can also extend that time period an additional 10 working days. ONCD will send you a letter when that occurs. As noted above, due to security reasons, ONCD’s receipt and processing of mail could be delayed; the 20-day time period only begins when ONCD has received your letter, therefore as mentioned above, email (FOIA@ncd.eop.gov is preferred).
About documents ONCD has:
ARE THERE RECORDS THAT ONCD HAS for REVIEW, WITHOUT FILING A FOIA REQUEST?
ONCD makes available in its Public Reading Room, and in the Regulatory/Paperwork Records Management Center information pertaining to matters issued, adopted, or promulgated by ONCD; these are commonly known as “reading room materials.” These materials may include regulations and information collections reviewed by ONCD, other policies and management documents, and ONCD’s Annual FOIA Report. Many of these documents are also available through ONCDs Internet Home Page.
FOIA Library
Many of ONCD’s documents are available to the public without having to make a Freedom of Information Act (FOIA) request. These documents are called “proactive disclosures” because they are proactively posted online based on transparency and frequency of the request. Below are some documents which are disclosed in the interest of transparency, and documents which have been requested frequently under FOIA are provided below.
Previously-Released
FOIA Reports
Quarterly FOIA Reports
- 2024
- Quarter 1 (PDF)
Annual FOIA Reports
- FY 2023 (PDF)
