The Requests portal is the starting point for all "actions." Here you can:
Create Requesters and Requests
Assign, perfect, and complete Requests
Add documents to the Request
Deliver the documents to the Requester
Close, cancel, or amend a Request
Estimate the cost for a Request
Bill the requester for that Request
Make payment entries for collection
View the documents that have been added to a Request
Report on Requests
What is a FOIA Request?
The Freedom of Information Act (FOIA), in Title 5 of the United States Code, section 552 (1), was enacted in 1966 and generally provides that any person has the right to request access to federal agency records or information. All agencies of the Executive Branch of the United States Government are required to disclose records upon receiving a written request for them, except for those records (or portions of them) that are protected from disclosure by the nine exemptions and three exclusions of the FOIA. This right of access is enforceable in court.
The FOIA does not, however, provide access to records held by state or local government agencies, or by private businesses or individuals. All states have their own statutes governing public access to state and local government records. State agencies should be consulted for further information about them. A Request may be an initial Request or an Appeal.
Initial Requests
Once the FOIA Office has processed a Request and fee-related issues have been resolved, the FOIA Office sends a written initial determination. In the majority of cases, a FOIA agency includes any documents that can be disclosed along with the determination letter, although in exceptional cases the documents themselves may be sent within a reasonable amount of time afterward.
The FOIA provides access to all federal agency records (or portions of those records) except for those records that are withheld under exemptions applicable under FOIA. The determination letter advises the Requester of whether any information is being withheld pursuant to one or more of the exemptions. When a page is withheld in its entirety, the FOIA office usually will either specify the number of pages being withheld or will make a reasonable effort to estimate the volume of withheld information.
Appeals
A Requester can file an administrative appeal for any of the reasons below:
The Requester is not satisfied with the initial response to his or her Request
The Requester disagrees with the withholding of information
The Requester believes that there are additional records responsive to the Request that have not been located
He/she has requested expedited processing or a fee waiver, and the FOIA agency has not granted that request
The Requester may also appeal determinations made by the fulfilling agency, including:
That what has been requested is not reasonably described
That a record does not exist or cannot be located
That a record is not readily reproducible in the form or format requested
That the requested information is not a record subject to the FOIA
Any disputed fee matter
An Appeal must be received within sixty days of the date of receiving the final response letter from the FOIA office. All Appeals must be made in writing with a reference to the original Request number. If no Request number has been assigned, a copy of the agency's determination letter should be enclosed. Appeal`s can be filed by the original Requester or any other person acting on his/her behalf.
See Also: