Must an agency specify which non-exempt records are responsive to a request?

QUESTIONS PRESENTED When the National Institutes of Health (“NIH”) failed to respond to a record request within 20 business days, as required by statute, Petitioner (“Yim”) : filed suit. Subsequently, NIH responded by providing a website. When asked to to be more specific, the agency provided a single record but was unable to confirm that the record was responsive to the request. The agency then produced a declaration attesting to the existence of the requested record but the declaration lacked a compliant endorsement. Thus, the agency left uncertainty as to the existence of the re_ quested record. The.court is therefore asked: _ 1. Must an agency specify which non-exempt records are responsive to a request? 2. Can an agency respond to a record request based on “information and belief”? 3. Must an agency confirm or deny the existence of a non-exempt record? | (ii) : LIST OF PROCEEDINGS United States Court of Appeals for the Third Circuit No. 23-1601 . Jin-Pyong Peter Yim, Appellant v. National Institutes of Health, Appellee Date of Final Opinion: October 13, 2023 Date of Denial of Petition for En Banc and for Panel Rehearing: December 12, 2023 United States District Court, District of New Jersey ; / Civil Action No. 21-07031 Jin-Pyong Peter Yim, Plaintiff v. National Institutes of Health, Defendant Date of Final Opinion: March 29, 2023 (iii)