Post by Sparky on Mar 13, 2006 6:51:07 GMT -8
How to file FOIA requests
The Freedom of Information Act of 1966 gave the public the right to request records and information from the federal government. The act applies to all 15 departments and 73 other federal agencies in the executive branch. It does not apply to the White House, Congress or the courts. Each state has its own law governing what is accessible to the public.
Here's how to submit a request:
STEP ONE: Determine which department or agency holds the information you seek. Every agency has an office that coordinates FOIA requests. Each agency has a FOIA link on its Web site, which will explain where you should direct your request. The Justice Department, which oversees the act, has an updated list of primary FOIA contacts on its Web site (www.usdoj.gov/04foia/foiacontacts.htm).
Make sure that you identify the office within the agency that keeps the records you need so that you can cite the office by name in your request. For example, if you want records on heroin traffickers, you would seek information from the Drug Enforcement Agency within the Justice Department.
STEP TWO: Draft a letter to the appropriate agency that includes as much detail as possible about the records you are seeking. Start off your letter by informing the agency that you are filing a request for information under the Freedom of Information Act. By citing the law, you show your intention to use it to appeal if your request is rejected.
Essentials to include: your name, address, telephone number and e-mail address. These are so the agency can contact you with questions. Indicate the format in which you would like to receive the records - paper or electronic (CD-ROM or disc). If you are not using the information for commercial use, you can request that any processing fees be waived. You can also ask that your request be expedited. There are excellent form letters on the
Web with organizations like the Reporters Committee for Freedom of the Press. www.rcfp.org
STEP THREE: Once the agency has received your request, it has 20 working days to respond with a decision on whether it will grant your request. If the information is denied in full, or in part, the agency must give reasons for the denial.
There are nine exemptions that the agency can use to deny information: national security/foreign policy; internal personnel rules; statute exemptions; trade secrets; interagency memos; personnel and medical files; records used for law enforcement purposes; reports prepared for the regulation of financial institutions; and geological and geophysical information and data, including maps, concerning wells.
If the agency grants your request, it does not have to turn over all the documents within the 20-day time limit. But it does have to send them promptly.
STEP FOUR: If your request is denied, you can file an administrative appeal to the head of the agency. If your agency appeal is denied, you have the right to appeal by suing in federal court. You may appeal a decision regardless of whether it is based on an exemption or on procedural grounds, such as an agency saying that a record does not exist or that it will not process your request unless you agree to pay a fee.
Source: The First Amendment Center's report on how to file a FOIA: www.fac.org/
The Freedom of Information Act of 1966 gave the public the right to request records and information from the federal government. The act applies to all 15 departments and 73 other federal agencies in the executive branch. It does not apply to the White House, Congress or the courts. Each state has its own law governing what is accessible to the public.
Here's how to submit a request:
STEP ONE: Determine which department or agency holds the information you seek. Every agency has an office that coordinates FOIA requests. Each agency has a FOIA link on its Web site, which will explain where you should direct your request. The Justice Department, which oversees the act, has an updated list of primary FOIA contacts on its Web site (www.usdoj.gov/04foia/foiacontacts.htm).
Make sure that you identify the office within the agency that keeps the records you need so that you can cite the office by name in your request. For example, if you want records on heroin traffickers, you would seek information from the Drug Enforcement Agency within the Justice Department.
STEP TWO: Draft a letter to the appropriate agency that includes as much detail as possible about the records you are seeking. Start off your letter by informing the agency that you are filing a request for information under the Freedom of Information Act. By citing the law, you show your intention to use it to appeal if your request is rejected.
Essentials to include: your name, address, telephone number and e-mail address. These are so the agency can contact you with questions. Indicate the format in which you would like to receive the records - paper or electronic (CD-ROM or disc). If you are not using the information for commercial use, you can request that any processing fees be waived. You can also ask that your request be expedited. There are excellent form letters on the
Web with organizations like the Reporters Committee for Freedom of the Press. www.rcfp.org
STEP THREE: Once the agency has received your request, it has 20 working days to respond with a decision on whether it will grant your request. If the information is denied in full, or in part, the agency must give reasons for the denial.
There are nine exemptions that the agency can use to deny information: national security/foreign policy; internal personnel rules; statute exemptions; trade secrets; interagency memos; personnel and medical files; records used for law enforcement purposes; reports prepared for the regulation of financial institutions; and geological and geophysical information and data, including maps, concerning wells.
If the agency grants your request, it does not have to turn over all the documents within the 20-day time limit. But it does have to send them promptly.
STEP FOUR: If your request is denied, you can file an administrative appeal to the head of the agency. If your agency appeal is denied, you have the right to appeal by suing in federal court. You may appeal a decision regardless of whether it is based on an exemption or on procedural grounds, such as an agency saying that a record does not exist or that it will not process your request unless you agree to pay a fee.
Source: The First Amendment Center's report on how to file a FOIA: www.fac.org/