Q&A: Of Mice and Exterminators

Q.  I recently sent an e-mail to an agency to request a Material Safety Data Sheet (MSDS) related to an extermination problem and a planned clean-up.  Is the right to request an MSDS the same as the right to request records under the FOIA, or do I need a special form?

A.  No, the right to request a Safety Data Sheet (SDS) is not the same as the right to access agency records under the FOIA.  The Occupational Safety & Health Administration (OSHA) and the Environmental Protection Agency (EPA) regulate the “right to know” about hazardous chemicals.  Under OSHA rules, manufacturers of hazardous materials are required to provide SDSs for their products to downstream commercial vendors and distributors.  These entities must then provide the SDSs to their employees.  Generally speaking, any employer (including a federal agency) would be required to provide its employees with "ready access" to SDSs in the workplace.  There is no standardized form to request a SDS.  You can read OSHA’s Hazard Communication Standard, 29 C.F.R. sec. 1910.1200, online.  The agency has also published a brief on the topic.

If you are not an employee of the agency in question, or if you want a SDS for a hazardous material that is being used by a private enterprise, you probably do not have a right of "ready access," let alone a right to immediate access "upon request."  The agency may still respond to your e-mail, but you could also file a FOIA request.  So long as the agency has a copy of the SDS, you should eventually receive it.  Alternatively, you may consider requesting the SDS directly from the manufacturer, though it is not required to respond to you.

Q&A: If you want to sing out, sing out.

Q.  The Department of Defense provided me with redacted documents in response to my FOIA request for a a Hotline Completion Report.  My question is whether I may now legally share the information with entities outside of the federal government, including public interest groups and the media. 

A.  Yes, you may do whatever you wish with records received via FOIA; there are no restrictions.  

Q&A: Arkansas car wreck

Q.  How do I request under FOIA for the entire file of a car accident that took my son's life?

A.  Records of crash investigations can be obtained from the Arkansas State Police by submitting this form with a payment of ten dollars.  As you may already know, preliminary fatal crash summaries are available online free of charge.  I hope this information is helpful.   

Q&A: Love thy neighbor?

Q.  I received a violation from the Arlington County [Virginia] Code Enforcement Inspector for debris, junk and miscellaneous items around my property.  A neighbor made a complaint.  I have asked several times about the name of the neighbor who filed the complaint.  This is just to satisfy me.  I have been told that I can file a F.O.I.A form. Please advise me on the next step to take. 

A. All the information needed to make a FOIA request is available on the Arlington County's website.  I doubt, however, that the County will release the identity of the complainant.  The Virginia FOIA specifically exempts the "names, addresses and telephone numbers of complainants furnished in confidence with respect to an investigation of individual zoning enforcement complaints or complaints relating to the Uniform Statewide Building Code (§ 36-97 et seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) made to a local governing body."  Even if that specific exemption does not apply, the complainant's identity is likely to be withheld under other provisions aimed at protecting an individual's privacy and safety.  

Q&A: Another one bites the bus?

Q.  I need to get a copy of the film at the intersection where my car was hit by a transit bus in Albany, NY. The police have confirmed that there is a camera at that intersection and I need the information for the insurance company.

A.  To make a Freedom of Information Law ("FOIL") request for any records maintained by the City of Albany, please see the following instructions from the city's website.  

Q&A: Aim high

Q.  I am writing a biography of an individual who served in the USAF for 25 years.  I have a significant piece of his history from his time served in Vietnam but would like to review the remainder of his military history.  Would I be permitted to file a FOIA request for the remainder of his disclosable military history and expect a positive result?  He is not a relative.

A.  If you do not have the written consent of a veteran or his next-of-kin, you may still be able to obtain various information from the veteran's Official Military Personnel File (OMPF) via the Freedom of Information Act.  See examples of releasable information here. 

To submit your request, you'll first need to figure out where to send it, which depends upon the veteran's date of discharge.  See this chart for instructions.  You may submit your request using Standard Form 180 or by a letter that provides the same information requested in the SF-180.    

Q&A: Polluting park rangers?

Q.  How do I file a FOIA request with the U.S. Forest Service about Sumter National Forest in South Carolina?  I’m looking for records concerning lead contamination from their gun range into a city water supply, which is a violation of state and federal statutes.  They have ignored my written and verbal requests for information for over a year.

A.  The U.S. Forest Service has instructions for how to file a FOIA request available online.  A request for records maintained by the rangers in Sumter National Forest would likely need to be submitted to one of the Forest Service’s regional FOIA Service Centers—in this case, Region 8.  Further details, including the mailing address, e-mail, and phone number for Region 8 are also available online. 

Q&A: No Money No Problems?

Q.  I have been denied credit based on erroneous information gathered by "Clarity Services" in Florida and "Lexis Nexis Risk Solutions Bureau LLC, Riskview Consumer Inquiry Department," in Atlanta, GA.  I want to see their documentation regarding my alleged repossession, garnishments, and judgments they claim I had.

A.  The above-referenced entities are private companies and thus are not subject to freedom of information laws.  If you wish to dispute your credit report, you might consider the following guidance from the Federal Trade Commission. 

Q&A: Burning down the house

Q.   Is the Federal National Mortgage Association (Fannie Mae) subject to FOIA regulations? Is Fannie Mae required to produce documents in response to a FOIA request?

A.  Fannie Mae is a private entity under the conservatorship of the Federal Housing Finance Agency.  This means that Fannie Mae need not respond to FOIA requests submitted directly to it, but its records might be subject to FOIA requests submitted to FHFA.  The U.S. Court of Appeals for the District of Columbia Circuit has held that Fannie Mae records are not subject to FOIA if FHFA has neither read or relied upon them, nor integrated them into its files. See Judicial Watch, Inc. v. Fed. Housing Fin. Agency, No. 10-5349, 2011 WL 3375576 (D.C. Cir. Aug. 5, 2011). 

Q&A: All the live-long day?

Q.  How can I find out how much money Amtrak spends on brush cutting on their railroad tracks every year? And how can I find out how to bid on their brush cutting work?

A.  For information about doing business with Amtrak, see the agency's procurement portal.  The information you seek might be available on Amtrak's website.  If not, you can submit a FOIA request to Amtrak  by following these instructions.