An easy way to find the contact information and web pages for FOIA offices is to visit the Department of Justice’s “FOIA.gov” website (http://www.foia.gov/). Clicking on the “FOIA Contacts” will bring up an agency chart. You may have to first select a cabinet level agency and then open the dropdown box to find the bureau, service, or agency component of. There you will find contact information, web page URL, and whether the agency has an online request form.
Before sending your request, it’s a good idea to explore the agency’s website. Some types of records are required by law to automatically be made available to the public at the time they are created. These documents will be posted in the agency’s “FOIA Reading Room.” There you will also find recently released records, frequently requested records, FOIA rules, FAQs, and more. So you may not need to even file a FOIA request.
But what if you don’t know which agency has the record. You can narrow it down by running an internet search for the project name, contract or report number, or other details you know about the record. If you are forced to make a guess, try calling the FOIA officer of that agency to see what he knows about the topic. FOIA officers typically have in-depth knowledge about both current and archived records created by their agency.
When drafting a request, be sure to include as much information as you know about the record of interest. Include general or specific time frame and details about what caused the record to be created. There are two rules of thumb: avoid asking for “all” documents about a particular topic and keep your request reasonable in scope. These tactics will help you avoid fees.
Did you say fees? In some cases, you may be asked to pay search, review, or copying costs, and sometimes all three. The level of fees depends on the purpose of your request and the types of records you are requesting. If fees fall below a certain level, they are automatically waived. The waiver level varies from agency to agency. It’s a good idea to include in your request the amount you are willing to pay. If fees will exceed that, you will be notified.
Will you get everything you ask for? Statistically speaking, probably. But some classes of information are protected from public disclosure by law. Those parts will be deleted from your copy. In some cases, an agency may be forced to withhold an entire record. If you are denied access to all or parts of a record, you will be notified of your right to appeal.
What’s involved with an appeal? Here you present your legal reasons why the agency should reconsider the withholding. Since you only get one shot at an appeal and since the issue can get complicated, you might want to consider calling in professional help.
Susan Salus is a FOIA Specialist and paralegal with Benton Potter & Murdock. Ms. Salus assists attorneys and clients in expeditious and cost efficient access to information held by the government in evaluation of application of FOIA to client information in the possession of the government. Ms. Salus was a Freedom of Information Act/Privacy Act Officer with the Department of Defense from 1989 to 2006, and during that time she managed several large Federal Freedom of Information Act and Privacy Act Programs. Ms. Salus has also been a lecturer before the American Society of Access Professionals and the Department of Defense audiences.
