Under the statute, federal agencies are required to respond to a FOIA request within twenty working days , excluding Saturdays, Sundays, and legal holidays. This period does not begin until the request is actually received by the component that maintains the records sought.
What happens if a FOIA request is ignored?
If the agency denies your request or does not respond within the required time period, you can appeal to the agency’s FOIA Appeals Officer . If the agency sent you a denial letter, it should set out the agency’s appeal procedures.
How do you respond to a FOIA request?
Step 1: Make sure you clearly understand what records the requester is seeking. Step 2: Determine if you are likely to have records subject to the request. Step 3: Provide an estimate of search and review time and an estimate of pages if required. Step 4: What to do if expedited processing is required.
Can a FOIA request be denied?
Can the FCC deny my FOIA request? Yes . If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.
How far back can you FOIA?
Technically, government organizations must respond to a FOIA request with a denial or grant of access within 20 business days . Note that the agency must only respond within 20 days; it does not have to deliver the records within the 20-day time period.
How much is a FOIA request?
By making a FOIA request, the requester shall be considered to have agreed to pay all applicable fees up to $25.00 unless a fee waiver has been granted. If the Department estimates that the search costs will exceed $25.00, the requester shall be so notified.
What can you ask for in a FOIA request?
A FOIA request can be made for any agency record . You can also 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 conduct research, analyze data, or answer questions when responding to requests.
Can you FOIA yourself?
The answer is yes . You can file a FOIA request on yourself using the Freedom of Information Act and the Privacy Act. You can write a request letter or fill out an online request form if the agency provides one. After you finish writing the letter, you should submit it to the government agency that has your records.
Who is subject to a FOIA request?
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.
What is covered under FOIA?
FOIA covers records from all federal regulatory agencies, cabinet and military departments , offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government.
What happens after FOIA request?
What happens after I submit my request? When EOUSA/FOIA receives your FOIA request, we will send you a letter acknowledging the request and assigning it a tracking number . If additional information is required from you so that it can begin processing your request, we will contact you.
Can anyone make a FOIA request?
Who can file a FOIA request? Any person can file a FOIA request , including U.S. citizens, foreign nationals, organizations, universities, businesses, and state and local governments.
Is a FOIA request confidential?
Freedom of Information Act (FOIA) requests are not confidential . Once a FOIA request is received, it becomes a public record of the USGS. If the request contains personally identifying information or the request is deemed “sensitive,” we may redact information under FOIA Exemption 6 (personal privacy).
What is FOIA used for?
The Freedom of Information Act (FOIA) provides public access to all federal agency records except for those records (or portions of those records) that are protected from disclosure by any of nine exemptions or three exclusions (reasons for which an agency may withhold records from a requester).
Does FOIA apply to private companies?
The FOIA does not require a state or local government or a private organization or business to release any records directly to the public, whether such records have been submitted to the federal government or not.
What type of documents are not allowed in the Freedom of Information Act?
Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records . Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).
