Using the Freedom of Information Act

The following document provides instructions for requesting records from the federal government under the Freedom of Information Act.

1. General Overview of the Freedom of Information Act (FOIA) and the Privacy Act

The FOIA, enacted in 1966, provides that any person has the right to request access to federal agency records or information. Federal agencies are required to disclose records upon receiving a written request for them, except for those records that are protected from disclosure by the nine exemptions and three exclusions of the FOIA. This right of access is enforceable in court. The FOIA, covers all records in the possession and control of federal executive branch agencies.

The Privacy Act is another federal law regarding federal government records or information about individuals. The Privacy Act establishes certain controls over how the executive branch agencies of the federal government gather, maintain, and disseminate personal information. The Privacy Act also can be used to obtain access to information, but it pertains only to records that the federal government keeps about individual U.S. citizens and lawfully admitted permanent resident aliens.

The Privacy Act, passed by Congress in 1974, establishes certain controls over what personal information is collected by the federal government and how it is used. The act guarantees three primary rights: (1) the right to see records about oneself, subject to the Privacy Act's exemptions; (2) the right to amend that record if it is inaccurate, irrelevant, untimely, or incomplete; and (3) the right to sue the government for violations of the statute, including permitting others to see your records, unless specifically permitted by the act. The act also provides for certain limitations on agency information practices, such as requiring that information about an individual be collected from that individual to the greatest extent practicable; requiring agencies to ensure that their records are relevant, accurate, timely, and complete; and prohibiting agencies from maintaining information describing how an individual exercises his or her First Amendment rights unless the individual consents to it, a statute permits it, or it is within the scope of an authorized law enforcement investigation.

2. Guide for Freedom of Information Act Requesters

How do I request information under the FOIA?

Your request must be in writing, must state that you are requesting documents under the provisions of the Freedom of Information Act and must be signed by the requester.

The request should describe the subject matter of an existing record, and, if known, indicate the date of the record, the place where it originated, and the name of the originating person or office.

Your letter must be specific as to which documents you are requesting under FOIA. The more information that you can provide about the document, such as its author or date, the more expeditiously your request will be processed. Your request will be logged and a tracking number assigned to it. The tracking number assigned is of great importance to you as a requester because, in the event you would like to check the status of your request, the number enables us to locate where in the process your request is. When requesting information pertaining to a solicitation or contract, please include the appropriate solicitation or contract number for that record. This FOIA does not permit a requester to ask questions when seeking records under the Freedom of Information Act.

Your letter should include a statement of obligation to pay the administrative fees for processing your request.

To expedite handling, mark both your letter and the envelope "Freedom of Information Act Request."

As a general rule, FOIA requesters are not required to state the reasons why they are making their requests. You may do so if you think it might help the agency to locate the records. If you are not sure whether the records you want are exempt from disclosure, you may request them anyway. Agencies have the discretion, under certain circumstances, to disclose exempt information and, in line with the government's openness policy, they are encouraged to do so whenever possible.

What information is available under the FOIA?

The FOIA provides access to all federal agency records (or portions of those records), except for those records that are protected from disclosure by nine exemptions and three exclusions (reasons for which an agency may withhold records from a requester).

The exemptions cover (1) classified national defense and foreign relations information, (2) internal agency rules and practices, (3) information that is prohibited from disclosure by another law, (4) trade secrets and other confidential business information, (5) inter-agency or intra-agency communications that are protected by legal privileges, (6) information involving matters of personal privacy, (7) certain information compiled for law enforcement purposes, (8) information relating to the supervision of financial institutions, and (9) geological information on wells. The three exclusions, which are rarely used, pertain to especially sensitive law enforcement and national security matters. Even if information is exempt from disclosure under the FOIA, the agency still may disclose it as a matter of administrative discretion when that is not prohibited by any law and would not cause any foreseeable harm.

Can I have my response faxed to me or sent via express overnight mail?

Fax: Yes, you can request to have your records faxed to you. Our office will determine if the amount of records you have requested is a reasonable amount to be faxed.

Express Overnight Mail: Our office will honor your request to have documents sent by express overnight mail. We require that you have an existing account with a carrier and you provide our office with your account number. We will contact your carrier and make arrangements for pick-up and delivery.

What about costs for getting records under the FOIA?

The FOIA permits agencies to charge fees to FOIA requesters. For commercial requesters, an agency may charge for the cost of searching, reviewing and excising for records and the cost of making copies. Search, review and exicising fees range from $12 to $45 per hour, depending upon the salary levels of the personnel needed for the search. The charge for photocopying documents is $.15 per page, and $.02 per page for pre-printed documents. For noncommercial requests, agencies will not charge for the first two hours of search time or for the first 100 pages of document copying. Administrative fees are automatically waived for FOIA request that do not exceed $15.00. We will notify you before proceeding with a request that will involve large fees, unless your request letter states your willingness to pay fees as large as that amount. If fees are charged, you may request a waiver of those fees if you can show that the records, when disclosed to you, will contribute significantly to the public's understanding of the operations or activities of the government.

How does an agency make the determination of whether or not a record can be released?

The custodian of the records, with the assistance of its organization's Freedom of Information and Privacy Act Office makes the determination whether the records can be released in accordance with the FOIA, its exemptions and DoD's FOIA regulations.

How do I appeal a denial?

To appeal a denial, promptly send a letter to the agency. Your appeal must be made within 60 days after you receive notification of a denial. The denial letter will tell you the office to which your appeal letter should be addressed. For the quickest possible handling, you should mark both your request letter and the envelope "Freedom of Information Act Appeal."

To appeal, request that the agency review your FOIA request and its denial decision. Give your reason(s) for believing that the denial was wrong. Be sure to refer to any pertinent communications you have had with the agency on the request and include any number the agency may have assigned to your request. It can save time in acting on your appeal if you include copies of your FOIA request and the agency's denial letter. You do not need to enclose copies of any documents released to you. Under the FOIA, the agency has 20 working days (excluding Saturdays, Sundays, and federal holidays) to decide your appeal. Under certain circumstances, it may also take an extension of up to 10 working days.

Sample FOIA Request Lette

Date

Freedom of Information Act Request Agency Head or FOIA Officer Name of agency or agency component Address

Dear __________:

Under the Freedom of Information Act, 5 U.S.C. subsection 552, I am requesting access to [identify the records as clearly and specifically as possible].

If there are any fees for searching for or copying the records, please let me know before you fill my request. [Or, please supply the records without informing me of the cost if the fees do not exceed $______, which I agree to pay.]

If you deny all or any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

Optional: If you have any questions about handling this request, you may telephone me at ___________ (home phone) or at ___________ (office phone).

Sincerely,

Name Address

3. Additional Sources of Information

Citizens Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records This booklet, written by the Committee on Government Reform and Oversight, U.S. House of Representatives, provides a much more detailed explanation of the Freedom of Information Act and the Privacy Act than this brochure. It may be purchased for $3.00 from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. To order by telephone, call (202) 512-1800. The stock number is 052-071-01129-3.

Freedom of Information Act Guide and Privacy Act Overview This book is updated annually (in mid-fall) by the Justice Department's Office of Information and Privacy. The "Justice Department's Guide to the Freedom of Information Act," is a comprehensive summary of the law that includes a discussion of the nine FOIA exemptions and its most important procedural aspects. The "Privacy Act Overview," prepared in coordination with the Office of Management and Budget, is a discussion of the provisions of the Privacy Act. The book also contains the texts of both statutes. It may be purchased for $3.00 from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250- 7954. To order by telephone, call (202) 512-1800. The stock number is 052-071-01129-3. Text versions are also available on the Justice Department's website at http://www.usdoj.gov/oip/

Freedom of Information Case List This book, updated biennially (in even-numbered years) by the Justice Department's Office of Information and Privacy, contains lists of cases decided under the Freedom of Information Act, the Privacy Act, the Government in the Sunshine Act, and the Federal Advisory Committee Act. The book includes the texts of those four statutes and a list of related law review articles. It may be purchased for $(need to check in Nov.) from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. To order by telephone, call (202) 512-1800. The stock number is 027-000-01372-4.

FOIA Update This newsletter contains information and guidance for federal agencies and is published quarterly by the Justice Department's Office of Information and Privacy. It is available from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. To order by telephone, call (202) 512-1800. The stock number is 727-002-00000-6. The annual subscription price is $5.00 domestic and $6.25 foreign. Selected portions are available on the Justice Department's Internet

http://www.usdoj.gov/oip/foi-upd.htm

Federal Information Center The Federal Information Center (FIC), administered by the General Services Administration, can help you find information about the federal government's agencies, services, and programs. You may call the FIC for assistance in contacting the proper federal agency with your Freedom of Information Act or Privacy Act request.

Simply call 800-688-9889 toll-free from anywhere in the United States. Users of text telephones (TDD/TTY) may also call toll-free at 800-326-2996.

The FIC is open from 9 a.m. to 5 p.m., eastern time, except in Alaska (8 a.m. to 4 p.m.) and Hawaii (7 a.m. to 3 p.m.).

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