Basics: Agencies Subject to FOIA

Autopsy & coroners’ reports
The Federal Bureau of Investigation may have autopsy photographs or reports as the result of an investigation. If another government agency has conducted the investigation, it would have control of the autopsy records. Courts have held the photographs do not have to be released under FOIA Exemption 6. Epps v. Dep’t of Justice, 801 F.Supp. 787 (D.D.C. 1992); Accuracy in Media v. National Park Service, 194 F.3d 120 (D.C. Cir. 1999).

Bank records
Several federal agencies supervise banks and collect significant information about them. FOIA Exemption 8 covers primarily the examination reports of banks — but most of a bank’s financial information is public. These records are available online from the Federal Deposit Insurance Corp., the Federal Reserve Board of Governors, the Office of the Comptroller of the Currency (part of the Treasury Department) and the National Credit Union Administration. The Federal Financial Institutions Examination Council is an interagency group designed to make sure bank supervision is uniform among the regulators and also maintains some publicly available information. Some of the most useful information are banks’ call reports and data collected under the Community Reinvestment Act and the Home Mortgage Disclosure Act. Likewise, some of the data reviewed by the Federal Reserve Board of Governors in a contested bank merger is public. Inner City Press v. Board of Governors of the Federal Reserve System, 463 F.3d 239 (2d Cir. 2006).

Business records
Privileged or confidential trade secrets and commercial or financial information is covered by Exemption 4. However, several government agencies collect information similar to this, which is public. The Consumer Product Safety Commission has a large electronic reading room, while the Securities and Exchange Commission’s EDGAR database is a collection of all publicly traded companies’ filings with the SEC. However, businesses that submitted information to the government and don’t want it released under Exemption 4 may sue to stop that release in what is known as a Reverse FOIA suit. Contracts, proposals and bids: This information is often covered by a statute that falls under Exemption 3. The law is codified at 41 U.S.C. § 253(b)(m) and prohibits the release of contractor proposals that are not incorporated into an agency contract.

Collective bargaining records
Records surrounding the administration and negotiation of a collective bargaining agreement, including manuals, may be covered by Exemption 2. National Treasury Employees Union v. U.S. Dept. of Treasury, 487 F.Supp. 1321 (D.D.C., 1980).

Election records
The Federal Elections Commission collects financial information from Congressional and presidential candidates which is available on the agency’s Web site. Information on how members of Congress vote on legislation is available from the House and Senate Web sites.

Gun permits
While the FBI has information on gun permits through the National Instant Criminal Background Check System, this information is not generally available to the public — largely on Exemptions 6 and 7 grounds.

Hospital reports
While medical records are confidential under Exemption 6, the Department of Health and Human Services collects statistical information about patient care. For example, the Hospital Compare database compares quality of care at different hospitals for various conditions. The Center for Disease Control’s database system, WONDER, provides information such as leading causes of death, AIDS, vaccine, cancer and infant death data.

Personnel records
Personnel files are confidential under Exemption 6. However, basic data on executive branch employees is available from the Office of Personnel Management. Salary information for legislative branch employees is available from Legistorm’s Web site, a free database offered by a technology company.

Police records
There are several law enforcement agencies that may have “police” records. These include the FBI, Drug Enforcement Administration, U.S. Marshall’s Service, Secret Service, INTERPOL-United States National Central Bureau, and the National Park Service rangers.

Accident reports
The National Park Service’s rangers frequently respond to accidents on federal parkways the agency maintains. Those accident reports are available under FOIA, though some information may be redacted.

Arrest records
These are generally not available until a defendant has been charged, when they can be obtained as court records.

Compilations of criminal histories
Rap sheets, and as a consequence felony arrest records, can be categorically withheld under Exemption 6. Department of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 755 (1989); Epps v. Dep’t of Justice, 801 F.Supp. 787 (D.D.C. 1992).

Confidential informants
These are not released under Exemption 7(d).

Investigatory records
These are generally not disclosed under Exemption 7, which will govern the records regardless of whether the investigation is open or closed.

Police techniques
Training manuals may be available in an agency’s electronic reading room on its Web site. However, both Exemption 7(e) and Exemption 2 will protect these documents.

Prison, parole and probation reports
Prisoner pre-sentence investigation reports used by the Parole Commission or the Bureau of Prisons must be released to prisoners themselves. Department of Justice v. Julian, 486 U.S. 1 (1988). Rosters of Bureau of Prison inmates are not released; however, directory information on an inmate can be obtained from the Bureau’s Web site if the inmate’s name is known.

Public utility records
The Federal Energy Regulatory Commission regulates the interstate transmission of natural gas, oil, electricity, natural gas and hydropower projects. Some information, including the agency’s decisions and orders, is available on its Web site.

Real estate appraisals and negotiations
Records regarding public land are not released under Exemption 5. Government Land Bank v. General Services Administration, 671 F.2d 663 (1st Cir. 1982).

School and university records
While the federal government doesn’t have the same student records as local institutions, the Education Department’s National Center for Education Statistics has data ranging from average SAT scores for college-bound seniors by race/ethnicity to the poverty rates for school districts with more than 15,000 students.

Vital statistics
The Food and Drug Administration, the Centers for Disease Control and the National Institutes of Health all maintain statistical information on births and deaths in the U.S. For example, the FDA has a database of medical devices that malfunction and the CDC’s National Center for Health Statistics maintains mortality information. Access to these databases is available on the agencies’ Web sites, along with many other databases.