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The Freedom of Information Act
** What information is available under the FIOA?
The Fioa provides access to all federal agency records (or
portions of those records) except those which are protected
from release by nine specific exemptions (reasons an agency
may withhold records from a requester). The exemptions cover
such material as:
1. Classified national defense and foreign relations
information.
2. Internal agency personnel rules and practices.
3. Material prohibited from disclosure by another law.
4. Trade secrets and other confidential business information.
5. Certain inter-agency or intra-agency communications.
6. Personnel, medical, and other files involving personal
privacy.
7. Certain records compiled for law enforcement purposes.
8. Matters relating to the supervision of financial
institutions.
9. Geological information on oil wells.
The FIOA does not apply to Congress or the courts, nor does
it apply to records of state or local governments. However,
nearly all state governments have their own FIOA type
statutes. You may request information about a state's law by
writing to the attorney general of the state.
The FIOA does not require a private organization or
business to release any information directly to the public,
whether it has been submitted to the government or not.
However, information submitted by private firms to the
federal government may be available through a FIOA request
provided that the information is not a trade secret,
confidential business information, or protected by some other
exemption.
Under the FIOA, you may request and receive a copy of any
record that is in an agency's official files and is not
covered by one of the exemptions. For example, suppose that
you have heard that a certain toy is being investigated as a
safety hazard and you want to know the details. In this case,
the Consumer Product Safety Commission could probably help
you. Perhaps you want to read the latest inspection report on
conditions at a nursing home certified for Medicare. Your
local Social Security office keeps such records on file. Or
you might want to know if the Federal Bureau of Investigation
has a file that includes you. In all these examples, you may
use the FIOA to request information from the appropriate
federal agency. When you make a FIOA request, you must
describe the material you want as specifically as possible.
If the agency cannot identify what you have requested with a
reasonable amount of effort, it is under no obligation to you.
The FIOA does not require agencies to do research for you, to
compile or analyze data, or to answer questions.
** Whom do I contact in the federal government with my
request? How do I get the right address?
No one office handles all FIOA requests. Each request for
information must be made to the particular agency that has
the records sought. For example, if you want to know about
investigation of motor vehicle defects, write to the
Department of Transportation. If you want information about a
work related accident at a nearby job site or manufacturing
plant, write to the Department of Labor (at its office in the
region where the accident occurred). Some of the large
departments and agencies have several Freedom of Information
offices. Some have one for each major bureau or component;
others have one for each region of the country.
You may have to do a little research to find the proper
office to handle your inquiry, but you will save time in the
long run if you send your request directly to the proper
office. For assistance, you can contact the Federal
Information Center (FIC). With telephone numbers throughout
the country, the FIC is specially prepared to help you find
the right agency, the right office, and the right address.
The FIC is administered by the General Services
Administration. Information on how to contact the FIC is
covered later in this publication. Also a booklet called
Consumer's Resource Handbook tells what federal agencies are
responsible for specific consumer problems and where to write
for assistance. For a free copy, write to; Handbook, Consumer
Information Center, Pueblo CO 81009. Ask for it by name (The
Consumer's Resource Handbook). The U.S. Government Manual,
the official handbook of the federal government, may also be
useful. It describes the programs within each federal agency
and lists the names of top personnel and agency addresses.
The manual is available at most public libraries or can be
purchased from the Superintendent of Documents. Information
on ordering it can be found in the chapter Other Sources of
Information, found later in this publication.
** How do I request information under the FIOA?
When you get the agencies name and address, write a letter
of request to the agency's Freedom of Information Office.
(Note on the envelope and at the top of the letter "Freedom
of Information Act Request.") Identify the records you want
as accurately as possible. Although you do not have to give
the documents name or title, your request must reasonably
describe the records sought. Any facts or clues which you can
furnish about the time, place, persons, events, subjects, or
other details of the information or records you seek will be
helpful to agency personnel in deciding where to search and
in determining which records pertain to your request. This
can save you and the government time and money and also
improve your prospects for getting what you want. A sample
request is shown below. Keep a record of your request. You
may need it in the event of an appeal or if your original
request is not answered.
If you are not sure whether the information you want falls
under one of the nine exemptions, you may request it anyway.
It might help your case to state your reason(s) for such a
request, even though the FIOA does not require you to do so.
(A requester should, however, always provide the reason(s)
for requesting a waiver of fees.) Agencies usually have
discretion to release material that falls under these
exemptions. Stating your reason(s) for a request may persuade
an agency to give you access to records it might otherwise
deny as legally exempt. In addition, giving reasons for a
request might help the agency to locate information which is
useful to you.
Sample Request
Date
Agency Head or FIOA Officer
Name of agency or component
Address
Dear_________,
Under the Freedom of Information Act, 5 U.S.C. subsection
552, I am requesting access to, or copies of [identify the
records as clearly and specifically as possible].
If there are any fees for copying or searching for 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.]
Optional: I am requesting this information because [state the
reasons if you think it will help you obtain the
information].
If you deny all or 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
____________________________________________________________
** What about costs for getting records under the FIOA?
An agency may charge only for the actual cost of searching
for the material and the cost of making copies for you.
Search fees usually range from $10 to $30 per hour; the rates
generally reflect salary levels of the personnel needed for
the search. The charge for copying letter-size and legal size
pages can be as much as 25 cents apiece, but ten cents per
page is common in most agencies. Actual costs can vary from
agency to agency.
For noncommercial requests, agencies will not charge for
the first two hours of search time or for the first 100 pages
of photocopies. Agencies also will waive further charges if
the total cost is minimal. If fees are charged, you may
receive a waiver or reduction of fees if you request it and
can show that the information you are seeking will, when
released, contribute significantly to the public
understanding of the operations or activities of the
government.
** How long will it take to answer my request?
Federal agencies are required to answer your request for
information within 10 working days of receipt (excluding
Saturdays, Sundays, and holidays). If you have not received a
reply by the end of that time (be sure to allow for mailing
time), you may write a follow-up letter or telephone the
agency to ask about the delay. Sometimes an agency may need
more than 10 working days to find the records, examine them,
possibly consult other persons or agencies, and decide
whether it will disclose the records requested. If so, the
agency is required to inform you before the deadline.
Agencies have the right to extend this period up to 10 more
working days. A few agencies, particularly law enforcement
agencies, receive large numbers of requests, some of which
involve massive numbers of pages or require particular care
to process correctly. If an agency has a backlog of requests
that were received before yours and has assigned a reasonable
portion of its staff to work on the backlog, the agency
usually will handle requests on a first-come, first-served
basis and may not respond to all requests within the
statutory period.
** What happens if the agency refuses to give me the
information?
An agency ordinarily will deny a FOIA request, in whole or
in part, only if it has a serious practical problem with
granting it, supported by a legal reason for denial (an
exemption). If an agency denies your request, it must be able
to prove that the information is covered by one of the nine
exemptions listed in the Act. The agency must give you the
reason (the exemption) for denial in writing and inform you
of your right to appeal the decision.
** How do I appeal a denial?
You should promptly send a letter notifying the agency that
you want to appeal. Most agencies require that appeals be
made within 30 to 45 days after you get a notification of
denial. The denial letter should tell you to whom your appeal
letter should be addressed. To appeal, simply ask the agency
to review your FOIA request and change its decision. It is a
gook idea also to give your reason(s) for believing that the
denial was wrong. Be sure you refer to all communications you
have had on the matter. It will save time in acting on your
appeal if you include copies of the original request for
information and the agency's letter of denial. You do not
need to enclose copies of any documents release to you.
The agency has 20 working days after it receives your
appeal letter to respond. Under certain circumstances, it may
also take an extension of up to 10 working days. If, however,
an agency took 10 extra days to deny your initial request, it
would not be entitled to an extension on the appeal.
** What can I do if my appeal is rejected?
If you are willing to invest the time and money, you may
take the matter to court. You can file a FOIA lawsuit in the
U.S. District Court where you live, where you have your
principal place of business, where the documents are kept, or
in the District of Columbia. In court, the agency will have
to prove that the withheld records, or the withheld portions
of them, are covered by one of the exemptions listed in the
Act. If you win a substantial portion of your case, the court
may require the government to pay court costs and reasonable
attorney's fees for you.
******
