Everything You Need to Know About Foai

Since 1967, the Liberty of Information Human action (FOIA) has provided the public the correct to request access to records from any federal bureau. It is frequently described as the law that keeps citizens in the know almost their government. Federal agencies are required to disclose whatsoever data requested under the FOIA unless it falls under 1 of nine exemptions which protect interests such as personal privacy, national security, and constabulary enforcement.

The FOIA also requires agencies to proactively mail online certain categories of data, including frequently requested records. Equally Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.
FOIA.gov serves as the regime's comprehensive FOIA website for all information on the FOIA. Among many other features, FOIA.gov provides a central resource for the public to sympathise the FOIA, to locate records that are already available online, and to brand a request for information that is not withal publicly bachelor. FOIA.gov as well promotes agency accountability for the administration of the FOIA by graphically displaying the detailed statistics contained in Annual FOIA Reports, so that they can exist compared by agency and over fourth dimension.
Generally any person - United States denizen or not - can brand a FOIA request.
Before making a request, first look to run into if the information yous are interested in is already publicly available. You can find a lot of useful information on a range of topics on each agency's website. You can also search for information agencies have already posted online here on FOIA.gov.

If the information you want is not publicly available, you tin submit a FOIA request to the bureau's FOIA Office. The asking but must be in writing and reasonably describe the records you seek. Well-nigh federal agencies now accept FOIA requests electronically, including by web form, email or fax. Encounter the listing of federal agencies for details about how to make a asking to each agency and any specific requirements for seeking certain records.
Each federal agency handles its ain records in response to requests. In that location are currently one hundred agencies subject field to the FOIA with several hundred offices that process FOIA requests. Your request volition receive the quickest possible response if it is addressed straight to the FOIA function of the agency or agency component that y'all believe has the records you are seeking. See the list of federal agencies for the individual contact information for each agency.
In that location is no specific form that must exist used to make a asking.
A FOIA request tin be made for any agency record. You tin can as well specify the format in which you wish to receive the records (for example, printed or electronic form). The FOIA does not require agencies to create new records or to comport research, clarify data, or answer questions when responding to requests.
In that location is no central office in the government that handles FOIA requests for all federal departments and agencies. Each federal agency processes its own records in response to FOIA requests. There are many different officials at these agencies who work hard every day to make certain that the FOIA works. At that place are the FOIA professionals who search for and process records in response to FOIA requests, FOIA Contacts and FOIA Public Liaisons who work with FOIA requesters to answer questions and resolve concerns, and Primary FOIA Officers who oversee their agency'south compliance with the FOIA.
After an agency receives your FOIA request, you will commonly receive a letter acknowledging the request with an assigned tracking number. If the bureau requires additional information before information technology tin can begin to process your asking, it will contact you. The agency will typically search for records in response to your request and then review those records to determine which - and what parts of each - can exist released. The bureau will redact, or blackness out, whatsoever information protected from disclosure past ane of the FOIA'south ix exemptions. The releasable records volition so be sent to you.
There is no initial fee required to submit a FOIA request, but the FOIA does provide for the charging of sure types of fees in some instances.

For a typical requester the bureau tin charge for the time it takes to search for records and for duplication of those records. There is usually no charge for the first 2 hours of search time or for the starting time 100 pages of duplication.

You may always include in your request letter a specific statement limiting the amount that y'all are willing to pay in fees. If an agency estimates that the total fees for processing your request volition exceed $25, it will notify you in writing of the estimate and offer you an opportunity to narrow your request in order to reduce the fees. If y'all concord to pay fees for a records search, you may exist required to pay such fees even if the search does not locate any releasable records.
Y'all may request a waiver of fees. Under the FOIA, fee waivers are limited to situations in which a requester tin can testify that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public agreement of the operations and activities of the regime and is non primarily in the commercial interest of the requester. Requests for fee waivers from individuals who are seeking records on themselves usually exercise not meet this standard. In addition, a requester's inability to pay fees is non a legal basis for granting a fee waiver.
One time the agency has candy your request it volition send yous a written response. This response will permit yous know whether records were located and volition include all releasable documents. If any portions of the records are withheld, for example because disclosure would invade an individual's personal privacy, the agency will inform you of the specific FOIA exemption that is being applied.
Agencies typically process requests in the order of receipt. The time information technology takes to answer to a request will vary depending on the complexity of the request and whatsoever backlog of requests already pending at the agency. A simple request can be candy faster by the agency than one that is circuitous. Simple requests are typically more than targeted and seek fewer pages of records. Complex requests typically seek a high book of cloth or crave boosted steps to procedure such as the demand to search for records in multiple locations. The agency'southward FOIA Requester Service Center is bachelor to assist you with any question about the status of your request and whatsoever steps you tin can have to receive a quicker response.
Under certain conditions you may be entitled to have your request processed on an expedited basis. There are two specific situations where a request will be expedited, which means that information technology is handled as shortly as practicable. These two situations employ to every agency. First, a request will be expedited if the lack of expedited treatment could reasonably be expected to pose a threat to someone'south life or physical safe. Second, if there is an urgency to inform the public about an actual or alleged Federal Government activity, if made past a person who is primarily engaged in disseminating information, his or her asking volition exist expedited. Agencies can also establish boosted standards for granting expedited processing which they describe in their FOIA regulations.
If you are seeking records on yourself you will exist required to provide a certification of your identity. This certification is required in order to protect your privacy and to ensure that individual information near y'all is not disclosed inappropriately to someone else. Whenever you asking information nearly yourself you will exist asked to provide either a notarized statement or a statement signed under penalisation of perjury stating that you are the person who you say you are.
Generally, when requesting information almost another person you lot volition receive greater access by submitting authority from that individual permitting the disclosure of the records to you, or past submitting proof that the private is deceased. If you asking records relating to another person, and disclosure of the records could invade that person'southward privacy, they commonly will not be disclosed to you.
Not all records are required to be released under the FOIA. Congress established 9 exemptions from disclosure for certain categories of information to protect against certain harms, such equally an invasion of personal privacy, or harm to law enforcement investigations. The FOIA authorizes agencies to withhold information when they reasonably foresee that disclosure would damage an interest protected past one of these ix exemptions.

The nine exemptions are described beneath.
- Exemption 1: Information that is classified to protect national security.
- Exemption 2: Data related solely to the internal personnel rules and practices of an agency.
- Exemption 3: Information that is prohibited from disclosure by some other federal law.
- Exemption 4: Trade secrets or commercial or financial data that is confidential or privileged.
- Exemption 5: Privileged communications within or between agencies, including those protected by the:
  1. Deliberative Procedure Privilege (provided the records were created less than 25 years earlier the date on which they were requested)
  2. Attorney-Work Production Privilege
  3. Chaser-Client Privilege
- Exemption 6: Data that, if disclosed, would invade some other individual's personal privacy.
- Exemption seven: Information compiled for police force enforcement purposes that:
  - vii(A). Could reasonably be expected to interfere with enforcement proceedings
  - 7(B). Would deprive a person of a right to a fair trial or an impartial adjudication
  - 7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy
  - seven(D). Could reasonably be expected to disclose the identity of a confidential source
  - 7(Eastward). Would disembalm techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for police enforcement investigations or prosecutions if such disclosure could reasonably exist expected to risk circumvention of the law
  - 7(F). Could reasonably be expected to endanger the life or physical safety of whatever individual
- Exemption 8: Information that concerns the supervision of financial institutions.
- Exemption nine: Geological information on wells.
Congress has provided special protection in the FOIA for three narrow categories of police force enforcement and national security records. The provisions protecting those records are known as "exclusions." The offset exclusion protects the being of an ongoing criminal police force enforcement investigation when the subject of the investigation is unaware that information technology is awaiting and disclosure could reasonably exist expected to interfere with enforcement proceedings. The second exclusion is limited to criminal police force enforcement agencies and protects the existence of informant records when the informant's status has not been officially confirmed. The third exclusion is express to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the being of such records is classified. Records falling within an exclusion are not subject to the requirements of the FOIA. And so, when an office or agency responds to your request, its response will encompass those records that are subject to the FOIA.
You may file an administrative entreatment if you are not satisfied with an agency's initial response to your request. Before doing so, however, you may wish to contact the FOIA professional handling the request or the bureau's FOIA Public Liaison.The FOIA Public Liaison is in that location to explicate the procedure to you, assistance in reducing any delays, and help resolve whatever disputes. Oft, a uncomplicated give-and-take between you and the agency will resolve any issues that may ascend.

If necessary, filing an entreatment is very elementary. Typically, all you need to do is send a letter or eastward-mail to the designated appeal authorisation of the bureau stating that yous are highly-seasoned the initial conclusion made on your request. In that location is no fee or cost involved. Subsequently an independent review, the appellate dominance will send you a response advising you of its decision. In one case the administrative appeal process is complete, you also have the selection to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration.
The Office of Government Information Services (OGIS) offers mediation services to resolve disputes between FOIA requesters and agencies as an alternative to litigation. OGIS also reviews agency FOIA compliance, policies, and procedures. The Office is a role of the National Archives and Records Administration, and was created by Congress as part of the Open Government Deed of 2007, which amended the FOIA.
The FOIA provides that when processing requests, agencies should withhold data only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law. Agencies should also consider whether partial disclosure of information is possible whenever they decide that full disclosure is not possible and they should take reasonable steps to segregate and release nonexempt information. The Function of Information Policy at the Department of Justice is responsible for issuing regime-wide guidance on the FOIA as part of its responsibilities to encourage all agencies to fully comply with both the alphabetic character and the spirit of the FOIA.