Enacted in 1966, The Freedom of Information Act (FOIA) is a federal law that establishes the public’s right to obtain information from federal government agencies. The FOIA is codified at 5 U.S.C. Section 552. “Any person” can file a FOIA request, including U.S. citizens, foreign nationals, organizations, associations, and universities. In 1974, after the Watergate scandal, the Act was amended to force greater agency compliance. It was also amended in 1996 to allow for greater access to electronic information.

Who can I send a FOIA request to?

The FOIA applies to Executive Branch departments, agencies, and offices; federal regulatory agencies; and federal corporations. Congress, the federal courts, and parts of the Executive Office of the President that function solely to advise and assist the President, are NOT subject to the FOIA. Records obtainable under the FOIA include all “agency records” – such as print documents, photographs, videos, maps, e-mail and electronic records – that were created or obtained by a Federal agency and are, at the time the request is filed, in that agency’s possession and control. Agencies are required by FOIA to maintain information about how to make a FOIA request, including a handbook, reference guide, indexes, and descriptions of information locator systems. The best place to get this information is on the agencies’ websites. Doing research to determine the right office to send the FOIA request to within the right component of the right agency will make your FOIA efforts more productive.

Submitting a FOIA -

FOIA requests are appropriate if you have a large or imprecise request that covers many different kinds of classified and unclassified documents. FOIA covers both classified and unclassified material.” FOI requesters appeal denials of their requests within the agency and then to court. Under the FOIA agencies have specific time requirements, as well as opportunities for expedited review and fee waivers. Requesters should seek mandatory declassification review only if they have a very clear idea of the records they are seeking (for example, knowing a specific document by name), if they also know that the records are 10+ years old, and that the records are probably still classified. Otherwise a FOIA request is a requester’s best bet.

What does it cost to make a FOIA request?

Agencies are authorized to charge certain fees associated with the processing of requests. Some categories of requesters cannot be charged these fees and in some cases fees can be reduced or waived.

FEE CATEGORIES

Under the FOIA, solely for fee purposes, an agency is required to determine the projected use of the records sought by the FOIA request and the type of requester asking for the documents. As the FOIA was intended to promote the public’s access to information, news media organizations and educational institutions are excused from certain fees.

Fee categories for FOIA are:

1) Commercial – Companies that or people who seek information for a use or purpose that furthers commercial, trade, or profit interests, including for use in litigation. Commercial requesters are required to pay for search, review and duplication costs.

2) Educational Institution – Preschools, public or private elementary or secondary schools, and institutions of graduate higher education, undergraduate higher education, professional education, or vocational education that operate a program(s) of scholarly research. Educational requesters are required to pay duplication costs, but are entitled to the first 100 pages without charge.

3) Non-Commercial Scientific Institution – Non-commercially operated institutions that conduct scientific research not intended to promote any particular product or industry. Non-commercial requesters are required to pay duplication costs, but are entitled to the first 100 pages without charge.

4) Representative of the News Media – People who actively gather news for entities organized and operated to publish or broadcast news to the public. News Media requesters are required to pay for duplication, but are entitled to the first 100 pages without charge.

5) Other Requesters – Requesters who do not fit into any of the above categories. These requesters are persons who are not commercial, news media, scientific or educational requesters and are required to pay search costs for more than 2 hours and duplication costs for more than 100 pages.

Actual search, review and duplication fees vary by agency. Search/Review fees can be anywhere $8.00 to $45.00 per hour and duplication fees can be from $.10 to $.35 per page. Agencies cannot require a requester to make an advance payment unless the agency estimates that the fee is likely to exceed $250 or the requester previously failed to pay proper fees.

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