Federal FOIA Questions and Answers

Whom do I contact in the federal government with my FOIA request?

No single office handles all FOIA requests. Each request must be made to the particular agency for the records being sought. For example, if you would like to know any information the Federal Bureau of Investigation may have on you, your request must be made to the FBI. If you would like to know about a recall on a product, your request should be made to the Consumer Product Safety Commission. Some of the larger agencies and departments have many FOI offices, while some have one for each bureau. Others have only one office for each region of the country. Thus, the individual might have to do a little research to find the proper office to handle your FOIA request. The rule of thumb would be to send your request directly to the appropriate office. There are various groups and books available that list what federal agencies are responsible for requests.

How do I make a request for information under FOIA?

After obtaining the correct name and address to whom requests should be made, write a letter of request to the agency’s Freedom of Information Office. (Click here to view the Illinois Press Association’s template for Illinois and Federal FOIA request letters.) In this letter, identify the records you want as accurately as possible. However, it is not necessary to give the document’s name of title, just a reasonable description. Any hints and facts you furnish about the person, event, time, place, subject, etc. in the records you seek will be most helpful to the agency personnel in obtaining your record. State your reasons for the request and whether or not you are requesting a waiver of fees, if any, and for what reason. You should also note on the envelope and at the top of the letter “Freedom of Information Request.”

Are there fees for obtaining records under FOIA?

Agencies may only charge 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, and typically reflect the salary levels of the personnel needed for the search. Charges for copying standard and legal-size pages are generally 10 cents per page, but can be as much as 25 cents per page. For non-commercial requests, agencies usually do not charge for the first two hours of search time or for the first 100 pages of photocopies. Agencies tend to waive further charges if the total cost is minimal. If fees are assessed, you can receive a waiver or reduction of fees if you can show that the information you are requesting will, upon release, contribute to public understanding of the activities or operations of the government.

How long will it take to receive an answer to my FOIA request?

Federal agencies are required to answer FOIA requests within ten working days of receiving them. If you do not receive a reply by the end of that time, you may write a follow-up letter or telephone the agency to ask about the delay. Often times, agencies need more than ten working days to locate the records, examine them for exemptions, and consult other agencies to decide whether it is acceptable to disclose the document(s) requested. The agency has the right to extend this period up to ten or more working days.

What happens if my request is denied by the agency?

Generally, an agency will deny any request, wholly or in part, only if it has problems with granting it, or for legal or exemption reasons. If an agency does deny your request, in must be able to prove that the information denied is covered by one of the nine exemptions listed in the Act. The agency must also state the reason for denial in writing and explain your right to appeal the decision and to whom your appeal letter should be addressed.

How do I appeal a denial of my information request?

You should send a letter notifying the agency that you want to appeal its decision. (Click here to view the Illinois Press Association’s template for FOIA appeal letters.) Most agencies require you to make your appeal within 30 to 45 days after you receive your notification of denial. Simply ask the agency to review your FOIA request and change its decision. It is a good idea to give your reason(s) for believing that the denial is wrong. If you have had any communications regarding the matter, you should refer to them. Also, include copies of the original request for information and the agency’s letter of denial. It is not necessary to enclose copies of any documents released to you. The agency has 20 working days after receipt of your appeal letter to respond. Sometimes it is necessary to take an extension of up to ten working days. However, if the agency took ten extra days to deny your initial request, it would not be entitled to any extension time on the appeal.

What can I do if the appeal is rejected?

If you are willing to invest more time and money into this matter, you can take your request to court by filing a FOIA lawsuit in the U.S. District Court where you live, where your principal place of business is, where the documents are stored, or in the District of Columbia. In court, the agency has the burden of proof that the withheld records, or the withheld portions of them, are covered by one of the exemptions listed in the Act. If you win the substantial portion of your case, the court can require the government to pay court costs and reasonable attorney’s fees for you.

Source:
Illinois Press Association Guide to First Amendment & Access Laws (1995)

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