FOIA Facts: Making Effective FOIA Requests - Part II
By Scott A. Hodes, Published on February 12, 2007
Last
year, I suggested
four pointers on making effective FOIA requests. This year I have three more suggestions to help requesters get what they want more effectively.
1. Send the request to the correct office. Knowing how an agency
works and where the correct office to send a FOIA request is invaluable.
Only once the request gets to the proper FOIA office does the time the
agency has for responding begin to toll. Additionally, some agencies
have decentralized FOIA offices—such as the FBI—where a request for
material from a field office has to go to that field office. However,
other agencies like the DEA are centralized—meaning all requests go to
one FOIA office regardless of where in the country the records were
created. Note that both DEA and FBI are components of the same agency,
the Department of Justice (“DOJ”). Sending a request for FBI or DEA
records to DOJ will cause needless delay in getting your request
processed.
2. Find out who the agency wants to receive the request. Agencies
often have a preference on how they receive requests, such as by regular
mail, facsimile or over the internet. Find out how they want to receive
it and do it that way. Many agencies have moved away from standard mail
due to security problems with mail service. I’ve had mail take up to
three months to actually get to the FOIA office, so I recommend faxing
and the internet when given the choice.
3. Follow up. If you don’t hear anything about your request
within a few weeks of submitting it—contact the agency to find out if
they have it. And even if you’ve heard from them after submitting the
request but don’t hear for awhile after, contact them. As long as you
are pleasant they will let you know the status of your request. If you
are upset with the pace of the request, do not take it out on the
analyst on the other end of the phone—chances are they are as unhappy
with their agency’s failure to budget the FOIA office as much as you
are.
I hope these assist you in making your requests. Please let me know if you have found anything that helps in making more effective
requests—I’ll add them in my next part on this series.
