Ever wanted to learn more about how the government works? That’s where the Freedom of Information Act (FOIA) might come in. FOIA is a federal law that makes select internal government documents available to the public.
Signed into law by President Lyndon B Johnson in 1966, FOIA’s goal is to make the federal government more transparent and accountable. Under FOIA, records from any agency under the control of the federal executive branch can be requested, and these requests can be made by anyone.
Following the federal government’s goal of providing more transparency, all 50 states began creating their own laws similar to FOIA. This means you can request records at the federal level, all the way down to your own local government.
FOIA obligates agencies to accept the requests and release the documents to the person requesting them UNLESS the records fall into one or more exceptions.
In total, there are nine exceptions that would grant an agency authority to not release requested records. These range from records kept secret for national defense, records that are relevant to trade secrets and personal details about federal employees.
So, why should you care about FOIA?
It’s an important tool used by journalists and everyday citizens to make important information public. For instance, thanks to FOIA, we now know that in 1961 the U.S. narrowly avoided having an atom bomb explode in North Carolina. This led to a discussion about the safety of the U.S. nuclear program.
Another important FOIA request led to the public learning about wasteful spending in the recovery efforts after Hurricane Katrina. Without FOIA, it’s possible that the public would be in the dark about these events.
How do you file a request?
To begin, you’re going to want to know what records you’re requesting, what form you want those records in and what agency the records fall under. This is because when you file a records request, the agency won’t go through records to answer a question. FOIA only requires that they send you the records if possible, so you need to know the details of what you’re requesting.
If you don’t know the correct agency, that’s fine. There are resources to help you find out. The U.S. government website has an index of federal agencies with information on what each agency handles.
Additionally, the FOIA website acts as a central hub to find agencies and file requests. Type in an agency’s name and click start request. Most agencies will have a list of people you can contact if you have any questions about filing a FOIA with that agency.
For instance, say you wanted to find records that would fall under the Federal Trade Commission (FTC).
By clicking on start your request, you can search for the FTC, and then click on Start FOIA request.
FOIA.gov also contains a search bar that spans all government sites. This way you can see if the information you’re looking for is already public, potentially saving yourself some time.
However, some agencies aren’t listed on the FOIA site, one example being the Environmental Protection Agency (EPA). If you want to file a records request with an agency that isn’t listed, you’ll have to go to that agency's website. If you go the EPA’s site, you can find a link to their FOIA page at the bottom.
There, you can submit a request or contact someone for help.
State and local governments also have pages on their sites where you can file a FOIA request. This can be seen when navigating the city of Dekalb’s website, where they have a clearly identified link to their FOIA page.
Clicking on the link will bring you to a page where you can submit and track your FOIA requests.
If you want to file a records request for something that falls under the Dekalb County government, their website provides the names of people you can contact and a template form you can fill out.
To file a request, you’ll need to give personal info such as your name and address, as well a description of what records you’re requesting, in as much detail as possible. This is so the agency has a clear idea of what you’re requesting to speed up their search. Once you’ve filed the request, the agency will have up to 20 business days to respond unless there are unusual circumstances.
In the spirit of FOIA's aim to increase transparency, there is no initial cost to file a records request. However, if your request is so complex that it takes longer than a few hours, there is a charge per hour. If the agency anticipates the search will cost more than $25, they will contact you to see if you want to narrow your request. You can set a maximum amount that you’re willing to pay in fees. And if you think that your request significantly impacts the public’s understanding of an issue, you can apply for a fee waiver.
Although FOIA may seem imposing at first, many government sites have worked to make the process more efficient and easier to use. Understanding the process is important because FOIA is one of the tools that anyone can use to find information to improve the public’s understanding of how their government works.
WNIJ intern Will Olson contributed to this report.