All agencies under the Executive Branch of the United States government must make certain records available upon request. FOIA applies to records held by all agencies within the Executive Branch of the U.S. government, including military departments, regulatory agencies and cabinet departments. FOIA does not apply to records held by Congress, the federal courts, state or local governments, private businesses or individuals.
What Does FOIA Cover?
FOIA provides access to all federal executive agency records that are not exempted or excluded. The exemptions and exclusions include such things as:
- Classified national defense and foreign relations information
- Trade secrets and other confidential business information
- Information involving matters of personal privacy
- Legally privileged agency communications
- Sensitive law enforcement and national security material
Requesting Records under the Freedom of Information Act
There is no central government office that processes FOIA requests; each agency responds to its own requests. And each agency has its own principal FOIA contact which can be found online via links provided at a website maintained by the federal Executive Branch. Each agency has a FOIA link at the bottom if its home page. The Department of Justice also maintains links to other agencies' FOIA websites.
Certain types of records created after 1996 are available electronically and can be accessed through these websites. These include such items as agency rulings and statements of policy, the agency's annual FOIA report, and records that have already been the subject of a FOIA request and are considered to be of great public interest. One should review what is already available online before making a FOIA request.
A FOIA request may be made as follows:
- The request must be in writing to the appropriate agency. A simple letter is sufficient.
- The letter and envelope should be marked "Freedom of Information Act Request" to ensure expedient handling.
- Requested records should be identified as specifically as possible, including such information as dates, authors, events and locations, if known.
- The purpose of the request and the status of the requester should be specified.
What Does it Cost to Make a FOIA Request?
Agencies are permitted to charge fees for Freedom of Information Act requests, and the fees vary depending upon the status of the requester (e.g., commercial, noncommerical, educational). For noncommercial requesters, agencies may charge only for the actual cost of searching for records and for making copies. Fees are generally waived if the costs do not exceed a minimum amount. For example, the Department of Justice currently waives fees that do not exceed $14.
How Long Does a FOIA Request Take?
Agencies must respond to FOIA requests within 20 working days, excluding Saturdays, Sundays and federal holidays. If a response is not received after 20 working days, the requester should send a follow-up telephone call or letter. If the agency needs additional time to fulfill a request, it may extend the 20-day period up to ten working days with written notice.
It is a good idea to keep a copy of the request and any related correspondence until the request is fulfilled. After an agency locates the requested records, it may withhold only those that are subject to an exemption. If an agency denies a FOIA request, it must do so in writing giving an estimate of the amount of information withheld, reasons for the denial, and information about the requester's right to appeal the denial.
Related Article: How to Make a Privacy Act Request
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