Introduction

Mr. Madison would probably wonder why it took so long for the Freedom of Information Act (FOIA) to come along. Prior to its passage in 1966, any person seeking information from a US Government agency had to prove they had a legal "need to know" in order to view government records. Under the FOIA, the people are given a "right to know" and the government is required to prove a compelling reason in order to keep information secret. In other words, the FOIA establishes the presumption that records of the U.S. Government must be made accessible to the people.

This guide is a simple explanation of how use the FOIA to request information from the US Government. But, please be aware that the FOIA and litigation involved with it can become extremely complex. Thousands of court decisions have been made regarding the FOIA and anyone requiring more detailed information about the FOIA should contact an attorney with experience in governmental affairs.

Before requesting information under the FOIA

Look for it on the Internet. An incredible amount of information (Some would say too much.) is available on thousands of government Web sites, with volumes more being added every day. So before going to all the trouble of writing and sending an FOIA request, just log on visit the agency's Web site or run some searches. My Master Index of Government Web Space contains links to all the main agencies and hundreds of smaller ones.

What agencies are and are not covered by the FOIA?

The FOIA applies to documents in the possession of executive branch agencies including:

• Cabinet agencies
• Military branches
• Government corporations
• Government controlled corporations
• Independent regulatory agencies
• Other executive branch offices & commissions

The FOIA does NOT apply to:

• Any elected official of the US Government
• Officers of the Federal Judiciary Branch
• Private citizens
• Private companies or associations
• Government contractors
• Government grant holders
• State or local governments

While elected officials are exempt all daily actions of the United States Congress are published in the Congressional Record. In addition most state and many local governments have adopted laws similar to the FOIA.

What information can be requested under the FOIA?

You may, by mail, request and receive copies of any records in the possession of an agency except those covered by the following nine exemptions:

1. Classified defense and foreign policy information
2. Information prohibited from disclosure under other laws
3. Internal agency rules and practices
4. Trade secrets and confidential business practices
5. Inter or intra-agency communications protected under law
6. Information involving matters of personal privacy
7. Certain information regarding law enforcement
8. Information on supervision of financial institutions
9. Geological information on wells

In addition, especially sensitive information concerning law enforcement and national security issues may occasionally be withheld.

Agencies are free to (and sometimes do) disclose information even though the records are exempted under the provisions above.