The passage of the Freedom of Information Act in 1966 dramatically improved public access to records held by the federal government. Before the FOIA, as the law is commonly called, the burden was on the requester to show why the government should release a record. Now the burden is on the government to show why it should withhold a record.
In general, the act presumes that you can get records held by the executive branch of the federal government. Those records can be kept from you only for specific reasons.
In 1996, Congress passed and President Clinton signed the Electronic Freedom of Information Act Amendments. The amendment affirmed that notion that the FOIA applies to any record, no matter how the information is stored. The amendment also told federal agencies to respond more quickly to a FOIA request whenever a requestor can prove a “compelling need” for the information.
But the government has a spotty track record for following the spirit of this law. Agencies can limit the lawâs effectiveness by classifying information, by threatening to bill you for FOIA searches and by cutting back on the number of people who handle FOIA requests, thereby causing backlogs. It is not unusual for someone to wait years for documents they requested under the FOIA.
In fact, many agencies are so slow to turn over documents under the FOIA that many journalists prefer to bypass the procedure and work instead with sources within the agency or with its public-information officers.
You can use the FOIA to get records from agencies in the executive branch of the federal government. Agencies in this branch include: cabinet departments, military departments, government corporations, government-controlled corporations, independent regulatory agencies and the executive office of the president.
But you cannot use this law to get records directly from a variety of governments and organizations. For example, the FOIA does not apply to: members of Congress; federal courts; elected federal officials, including the president; state and local governments; tribal governments; private companies and recipients of federal grants or contracts.
For organizations not on this list, follow this rule of thumb: Entities that are neither chartered nor controlled by the federal government are not bound by the FOIA, even if they get money from Uncle Sam.
You can find the full text of the Freedom of Information Act in title 5 of the U.S. Code, Section 552.
SAMPLE LETTER FOR FOIA REQUESTS
(Date)
(Agency head or FOI Officer)
(Agency)
(Address)
(Fax)
FOI Request
Dear (Agency head/FOI Officer),
Pursuant to the Federal Freedom of Information Act, 5 U.S.C. 5 552, I request access to and copies of (Clearly describe what you want. Include identifying material, such as names, places, and the period of time about which you are inquiring. If you think they will help to explain what you are looking for, attach news clips, reports and other documents describing the subject of your research. Be as specific as possible including your description of paper or electronic copies).
I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $_______. However, please notify me prior to your incurring any expenses in excess of that amount.
Please waive any applicable fees. Release of the information is in the public interest because it will significantly contribute to public understanding of government operations and activities.
If my request is denied in whole or part, I ask that you justify all deletions by reference to the specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.
I would appreciate your communicating with me by telephone, rather than by mail, if you have questions regarding this request. I look forward to your reply within 20 business days (excluding Saturdays, Sundays and legal holidays), as the statute requires.
Thank you for your assistance.
(Your name)
(Address)
(City, State, Zip)
(Telephone number)
(Fax number)
Many news organizations keep the FOI request forms in a common database that can be accessed readily. This information was provided by The Indianapolis Star & The Indianapolis News.