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What is the Freedom of Information Act (FOIA)?

The Freedom of Information Act (FOIA) was passed by Congress in 1966 under President Lyndon B. Johnson and went into effect on July 4, 1967. The purpose of the FOIA is to give American citizens more access to the federal Government’s records. The American public has the right to request and receive a response to their request. A FOIA request is used when a government document is not publicly available and federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions. Call us today to get started with your Freedom of Information Act request and take the guesswork out of the process. These exemptions include personal privacy, national security, and law enforcement. While the Freedom of Information Act does not ensure that the requester has the right to obtain the document(s) they seek, the government agency must give a reason for denying the request.

How long will it take to receive my FOIA document?

Each agency has different response times depending on the type of information requested, the current number of requests in their queue, and the amount of resources the agency has devoted to processing FOIA requests (public records requests). Here are some conservative estimates on the average process time for federal and state/local agencies:

• Federal: 
  • Simple processing track: 3-6 months
  • Complex processing track: 6-9 months
  • Super Complex processing track: 12-18 months
• State/Local: 
  • Contract/RFP related: 3-6 months 
  • Non-confidential information: 4-6 weeks

Please note, these are conservative estimates. Depending on the agency and information type, some requests can be processed within a week and others can take longer than 12 months. Please contact us with your specific request information and subject agency so we can provide a better estimate of the agency process time. Contact us for a free consultation and we’ll help estimate how long your specific Freedom of Information Act request is likely to take.

Are there any additional Government charges?

Although the word “FREE” is in the FREEdom of Information Act, it does not mean that submitting a FOIA request is free. Agencies are allowed to be reimbursed for the time it takes for them to research, review, and make copies of the requested information. Each state and federal agency has guidelines that they follow when providing their fee estimate to process a request. The exact amount, hourly rate, and copy charges vary based on which agency the request is submitted to. For most requests, there is either no fee or the fee is a small amount (less than $25). 

When FOIA Professional Services submits a request, we always ask the agency to provide a fee estimate before completing the request. If the fee estimate is higher than the amount our client has budgeted for that specific request, we offer our clients the opportunity to narrow the scope of their request in order to receive a new lower fee estimate from the agency. Not sure how to budget for your Freedom of Information Act request? Let us guide you through the expected costs and how to reduce them.

Can I avoid paying Government fees?

Yes, you can ask for a fee waiver when submitting the FOIA request. Under the FOIA, fee waivers are limited to situations in which a requester shows that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Requests for fee waivers from individuals who are seeking records on themselves usually do not meet this standard. In addition, a requester’s inability to pay fees is not a legal basis for granting a fee waiver.

If you need FOIA Professional Services to include a fee waiver with your request, please specify in your request form that you would like us to request that fees be waived and reasons why this information is in the public interest. 

Can requests be expedited?

Yes, requests can be expedited by the agency when the information is a life or death situation OR if the information is in the public interest and the timing of the information released is of importance. If the request does not meet those two requirements, the agency will not expedite the request. 

Although the request cannot be expedited, FOIA Professional Services has found that clear and concise request wording, following each agency’s preferred FOIA submission process, and consistent follow-ups are the most effective ways to have requests completed in a timely manner. Want to know how others successfully navigated their Freedom of Information Act request? Visit our testimonials page to see real client experiences.

Other companies say they can get information faster by paying additional fees. Does your company offer this expedited service?

If another company offers an additional fee for expedited service, their claim may be misleading. Government agencies must process requests in the order they are received. Agencies are not allowed to move requests up their processing queue by receiving additional fee payments. The best way to get a request processed quickly is by submitting the request quickly and getting on the agency queue. If another company offers expedited services, it probably means they will submit the request faster than they normally do. FOIA Professional Services has one of the fastest FOIA submission times in the industry and it comes standard with each request. Make your next Freedom of Information Act request count, check out our Google reviews and see how we’ve helped businesses like yours.

How does the RFP Process work for government agencies: 

If a government entity needs to purchase a good or a service, they must release an RFP (Request for Proposal) or Solicitation inviting companies to submit bids for their goods or services. The government entity must post publicly this RFP/Solicitation to notify the general public of their intent to purchase a good or service. Sometimes they will first release an RFI (Request for Information) for companies to submit proposals showing they have the ability to provide the needed goods or services. From the RFI, the government entity will select the highest scored proposals and then invite them to respond to the RFP. 

After each company submits its proposal in response to the RFP, the government entity must objectively review, evaluate and score each proposal before making its final award decision. The scoring parameters are usually laid out in the RFP. This ensures that every company has an equal opportunity to win the contract. It also serves as proof that the awarded company was not selected by any unethical measures. 

Is it ethical to use FOIA to request RFP related information?

All funds used by government agencies to purchase goods or services come from taxpayer dollars. It is in the best interest of the public to have an understanding of how a government agency is deciding to use these taxpayer funds. Every dollar spent on one project is a dollar that is not available for another project. 

Additionally, it takes significant time and resources for a company to prepare, write, proof read, and then re-write a comprehensive proposal. If a government entity is asking companies to expend their resources to provide them with a good or service, the company should have the right to know that the entire process was handled in accordance with the state law and how taxpayer funds are being utilized.

How Can a FOIA request help my business?

The decisions you make are only as good as the information used to make the decision. Poor information leads to poor decisions. The publicly available information through the Freedom of Information Laws (both at the federal and state level), can be an important resource in your toolkit of decision making. Reach out for a consultation to learn how a Freedom of Information Act request can uncover valuable insights that strengthen your business decisions.

Are FOIA Requests ever rejected by the government? (The information below is from foia.gov)

Not all records can be released under the FOIA.  Congress established certain categories of information that are not required to be released in response to a FOIA request because release would be harmful to a government or private interest.  These categories are called “exemptions” from disclosures.  Still, even if an exemption applies, agencies may use their discretion to release information when there is no foreseeable harm in doing so and disclosure is not otherwise prohibited by law.  There are nine categories of exempt information and each is described below.

Exemption 1: Information that is classified to protect national security.

Exemption 2: Information related solely to the internal personnel rules and practices of an agency.

Exemption 3: Information that is prohibited from disclosure by another federal law.

Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged.

Exemption 5: Privileged communications within or between agencies, including:

Attorney-Client Privilege

Attorney-Work Product Privilege

Deliberative Process Privilege

Exemption 6: Information that, if disclosed, would invade another individual’s personal privacy.

Exemption 7: Information compiled for law enforcement purposes that:

7(A). Could reasonably be expected to interfere with enforcement proceedings

7(B). Would deprive a person of a right to a fair trial or an impartial adjudication

7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy

7(D). Could reasonably be expected to disclose the identity of a confidential source

7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions

7(F). Could reasonably be expected to endanger the life or physical safety of any individual

Exemption 8: Information that concerns the supervision of financial institutions.

Exemption 9: Geological information on wells.