Expertise and Resources for the
Government Contracting Community
FOIA Requests
Pub K submits FOIA requests to Federal agencies in its own name. Simply:
1. Submit your request and pay the fee ($900) via the form below. 2. Pub K charges you the amount of the agency’s duplication, search, and review fees. 3. Pub K sends you the records within 24 hours of receipt.
The Freedom of Information Act (FOIA), 5 U.S.C. § 552, makes almost every record possessed by a federal agency disclosable to the public unless it is specifically exempted from disclosure or excluded from the Act’s coverage. NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 136 (1975). While the Act does not grant an absolute right to examine government documents, it does establish the right to request records and to receive a response to the request.
FOIA applies to any “agency records” that are (1) either created or obtained by an agency, and (2) under agency control at the time of the FOIA request. U.S. Dep’t of Justice v. Tax Analysts, 492 U.S. 136, 144-45 (1989). The agency is not required to affirmatively produce documents that do not exist at the time of the FOIA request, e.g., an agency is not required to draft a summary of data it may possess, even though the data itself might be disclosable under FOIA.
The FOIA maintains nine exemptions to the general presumption of mandatory disclosure. 5 U.S.C. § 552(b)(1)-(9). The exemptions generally protect against disclosure of information which would substantially harm national defense or foreign policy, individual privacy interests, business proprietary interests, and the efficient operation of governmental functions. When a requested document contains some information which falls under one of the exemptions, the FOIA requires that all non-exempt portions of the record must still be released.
The Government can assess fees to cover the costs of document duplication, search, and review. The Government’s deadline for responding to a FOIA request is 20 working for initial determinations, though agency backlogs often mean that a response can take longer. If the Government’s response to the FOIA request is unsatisfactory, Pub K will provide a list of legal counsel who can advise on appeals and litigation.
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