By David A. Fryxell
A genealogist's guide to the federal Freedom of Information Act.
According to The Reporters Committee for Freedom of the Press, the
Obama administration acted on its first day in January 2009 to
“re-establish the presumption of disclosure for government records”
under the FOIA—in other words, putting the burden back on the
government to prove why records shouldn’t be open to the public, not
the other way around. The act provides public access to records of all
executive-branch federal agencies unless those records fall within nine
categories of exemptions. These exemptions permit but generally don’t
require an agency to withhold documents, such as for reasons of
national security. Some federal entities, such as the Smithsonian or
the Corporation for Public Broadcasting, aren’t considered “agencies”
and thus fall outside the law; most, however, follow their own
FOIA-like policies. The FOIA doesn’t apply to Congress, the federal
courts or to state governments.
Although you can make an informal request by phone, only a
written FOIA request formally establishes your rights under the law.
Each agency has an FOIA office, which will assign your request a
tracking number. Technically, agencies must grant or deny an FOIA
request within 20 days, although that deadline is frequently
disregarded.
Agencies may charge you the reasonable costs of providing the
documents. Generally, though, for non-commercial requests, agencies
don’t charge for the first two hours of search time (otherwise charged
at about $15 to $40 an hour) or the first 100 pages of copying, or if
the total cost is less than $14. Agencies should notify you before
incurring large fees, but it’s a good idea to state a maximum amount
you’re willing to pay.
Policies vary by agency on whether FOIA requests may be submitted
electronically or by fax. When mailing, it’s a good idea to write
“FREEDOM OF INFORMATION ACT REQUEST” on the envelope and to clearly
mark your letter as such.
From the November 2009 Family Tree Magazine