Freedom of Information Act (FOIA)

This guide answers the most frequently asked questions about the Freedom of Information Act (FOIA).

1. What is the Freedom of Information Act (FOIA)ω
The Freedom of Information Act (FOIA), 5 U.S.C. Section 552 is a federal law established in 1966 to give private citizens greater access to government information. It requires that federal agencies disclose the fullest possible amount of information to the public, subject to certain exemptions.

    President's Memorandum Federal Register Notice / Vol. 74, No. 15 / Monday, January 26, 2009
    (PDF, 88KB)
    Attorney General’s Memorandum March 19, 2009 (PDF, 1.17MB)

2. What is the Privacy Actω
The Privacy Act of 1974, 5 U.S.C. Section 552a is a companion to FOIA. It allows individuals access to federal agency records about themselves. It requires that personal information in agency files be accurate, complete, relevant, and timely. Additionally, each agency must publish a description of each system of records maintained by the agency that contain personal information.

3. What type of information can I requestω
FOIA requests may be used to obtain "agency records," which include a wide variety of documents and other materials (including print, photographic, and electronic formats) that were created or obtained by a Federal agency and are, at the time the FOIA request is filed, in the agency’s possession and control. However, FOIA excludes certain categories of records from disclosure, including materials related to national security, internal agency rules, proprietary business information, inter- and intra-agency communications that are protected by legal privileges, and personal privacy.

4. Can I access agency records without filing a FOIA requestω
Yes. Many IMLS publications and much grant-related information are available to the public without the need to make a formal FOIA request. A great deal of this information, including publications, sample application narratives, reviewer handbooks, and grant recipients, is readily accessible on this website.

5. How do I make a FOIA requestω
You can fax, write, or e-mail:

Freedom of Information Act Officer
Institute of Museum and Library Services
1800 M Street NW, 9th Floor
Washington, DC, 20036-5802

Facsimile: 202/653-4625
E-mail: foia@imls.gov

You can also submit your FOIA request online here.

It is important to include the following information in your request, so that we may answer your request in a timely manner:

  • A statement that you are requesting information under the Freedom of Information Act (FOIA).
  • A clear and specific description of the information you are requesting. If possible, identify dates, subjects, titles, or authors of the documents requested.
  • An explanation of what the information will be used for (i.e. scholarly purpose, commercial use, personal use). This will help us determine what fees, if any, to charge you for the information.
  • If you are requesting a waiver of fees, please state why you believe you are entitled to the waiver.
  • Your contact information, including name, address, phone, fax, and email.

6. What charges apply to process FOIA requestsω
Information requests may result in costs to the agency, such as search, review, duplication, computer programming, delivery, and special handling. The costs will be relayed to the requestor, according to the following cases:

  • Commercial use requestors must pay all associated costs.
  • Those requesting information for media use, educational research, or private or non-profit receive 100 pages of duplication and two hours of search and review free of charge. The remaining costs, and fees associated with computer programming, special handling, and delivery must be paid.
  • You may request a waiver of all fees if your request is "likely to contribute to public understanding of the operation or activities of government and is not primarily in the commercial interest of the requestor."

7. How quickly will you respond to my requestω
IMLS makes every effort to respond to your request as quickly as possible. The law requires that federal agencies respond to you within 20 days of the receipt of the request, excluding weekends and holidays. Especially complex or voluminous requests may need additional time. If your request cannot be answered within the twenty day period, you will be contacted to either narrow your request to allow for a timelier response, or to accept a delay in delivery.

8. May I appeal if my FOIA request is deniedω
If your FOIA request is denied, you have the right to appeal to the head of the agency. You may also appeal the following decisions regarding your request: a decision to withhold materials; a rejection of a fee waiver request; the type or amount of fees charged; or for any other type of adverse determination.

Appealing is a straightforward procedure. Simply write a letter including a description of your original request, the reason for your appeal, and why you believe the agency’s response was incorrect. Please include a copy of your original request and the agency’s response. You should be as complete as possible, and there is no charge for filing an administrative appeal. Your letter should be sent to:

IMLS Director
c/o Office of the General Counsel
Institute of Museum and Library Services
1800 M Street NW, 9th Floor
Washington, DC, 20036-5802

Phone: 202/653-4787
Facsimile: 202/653-4625


Annual FOIA Reports


Chief FOIA Officer Report


FOIA Regulations & Act

The Freedom of Information Act, 5 U.S.C. § 552 As Amended By Public Law No. 110-175, 121 Stat. 2524 (PDF, 57KB)

IMLS Freedom of Information Act Regulations, 45 CFR § 1100.5


FOIA Officers, FOIA Request Service Centers, and Public Liaisons

In response to the President’s Executive Order 13,392 of December 14, 2005 "Improving Agency Disclosure of Information," the Institute of Museum and Library Services (IMLS) designates the following:

CHIEF FOIA COMPLIANCE OFFICER:

Nancy Weiss
202-653-4640
nweiss@imls.gov

FOIA OFFICER:

Mamie Bittner
202-653-4630
mbittner@imls.gov

FOIA REQUEST SERVICE CENTER
PRINCIPAL FOIA CONTACT:

Mae Ridges
202-653-4642
foia@imls.gov

FOIA PUBLIC LIAISONS:

Mamie Bittner
202-653-4630
mbittner@imls.gov

Mae Ridges
202-653-4642
mridges@imls.gov

 

Annual FOIA Plans


FOIA Electronic Reading Room


Privacy Assessments

Privacy impact assessments are available through the Office of the Chief Information Officer. Please contact the Office of Chief Information Officer at 202-653-4767 for further assistance.


Federal Register Notice/ Volume 73, No. 106 /June 2, 2008: Privacy Act of 1974; Notice of Amendment to System of Records