Freedom of Information Act: How to Request Federal Records

To file a FOIA request, send a written request to the specific federal agency that holds the records you want, describe those records specifically enough that an employee could find them, include your contact information and fee category, and submit it through FOIA.gov or the agency’s own intake channel. The Freedom of Information Act gives any person the right to ask for records from federal executive branch agencies, and the agency has 20 working days to issue a determination.¹

Send the Request to the Right Agency

There is no central FOIA office. The law runs on a decentralized model: you send your request directly to the agency that holds the records, and that agency processes and responds to it.²³⁴ If you are not sure which component of a large department holds the records, FOIA.gov lets you search agencies and route your request from a single portal.

A few boundaries worth knowing before you write. FOIA covers federal executive branch agencies only. Congress and the federal courts are excluded from the statutory definition of “agency,” and so are the governments of U.S. territories and the District of Columbia.⁵ State and local records fall under each state’s own open records law, which sets its own deadlines and fees.

Check the Reading Room First

Before filing anything, look at the agency’s electronic reading room. Every federal agency is required to keep one, and it holds records previously released in response to FOIA requests, along with internal policy statements and agency manuals.⁶ Many agencies also post meeting minutes, decision memoranda, and workload data on their own initiative. If the record you want is already there, you have it immediately and pay nothing.

What to Put in the Request

A FOIA request has to be in writing, and it must “reasonably describe” the records you are looking for.⁷ You do not need a file number or exact document title. You do need enough detail — dates, names, subject matter, office involved — that an agency employee could locate the records with a reasonable amount of effort. Vague requests get pushed back for clarification, which resets your timeline.

Include these items in the letter or web form:

A description of the records, with a date range where possible.
Your name and contact information (mail, email, phone).
The format you want — paper, electronic, or a specific file type.
Your fee category (see below) and a stated maximum you are willing to pay, or a request for a fee waiver.
A request for expedited processing if you have grounds for it.

One firm limit shapes what you can ask for. Agencies must produce records that already exist. They are not required to create new documents, run data analyses, do research, or answer questions.⁸ Frame your request around documents the agency would already have on file. Records can be in almost any format — paper, email, photographs, maps, audio and video recordings, data on disk — and any of these are fair game.⁹

How to Submit

Most agencies accept requests through FOIA.gov, which provides electronic submission and automated tracking.² Depending on the agency, you can also submit by email, postal mail, or fax.¹⁰ Once your request is received, the agency will send an acknowledgment with a tracking number.

Fees and Waivers

What you pay depends on which of three categories you fall into:¹¹

Commercial use requesters pay for search time, document review, and duplication.
Educational institutions, noncommercial scientific institutions, and news media representatives pay only for duplication, with the first 100 pages free.
Everyone else pays for search time and duplication, with the first two hours of search and first 100 pages free.¹²

Duplication typically runs around $0.10 per page after your free allotment.¹² Many agencies also waive fees entirely when the total charge is $25 or less.¹³

You can also request a full fee waiver regardless of amount. The statute allows a waiver when disclosure “is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government” and the request is not primarily for your commercial benefit.⁸ To make the case, explain which specific government activity the records shed light on, how you will get the information to a broad audience, and what the disclosure would add beyond what is already known.

Response Timeline

Agencies must issue a determination within 20 working days (excluding weekends and federal holidays) from when they receive your request.¹⁴ The 20-day clock starts once the request reaches the correct FOIA office, reasonably describes the records, and complies with the agency’s published rules.¹⁵ Agencies can add 10 business days when the request involves records stored at a field office, a large volume of documents, or consultation with another agency.

In practice, complex requests take longer. Most agencies use a multi-track system: simple requests involving a small number of easily located records go into a faster track, and requests for large volumes or extensive review go into a slower one. Within each track, requests are handled first-in, first-out. Narrowing your request — tighter date range, specific office, specific subject — improves your chances of landing in the faster queue.

Expedited Processing

If your need is genuinely urgent, ask the agency to move you ahead of the normal queue. The statute recognizes two grounds:⁸

A showing that failing to get the records quickly could reasonably be expected to pose an imminent threat to someone’s life or physical safety.
An urgency to inform the public about actual or alleged government activity, if you are a person primarily engaged in disseminating information (typically a journalist).

Some agencies recognize additional grounds. Whichever ground you use, include a certified statement explaining why your situation qualifies.

What Comes Back

You will receive either the records, a partial release with redactions, or a denial. FOIA’s default is disclosure, and agencies can only withhold information that falls into one of nine statutory exemptions — covering things like classified national security material, trade secrets, personal privacy, and certain law enforcement files.¹

Two things constrain what an agency can hold back. First, since 2016, an exemption technically applying is not enough; the agency must show it “reasonably foresees that disclosure would harm an interest protected by an exemption.” Second, when only part of a record is exempt, the agency has to take reasonable steps to segregate and release the rest.¹ Expect redactions rather than a blanket refusal, and expect the agency to identify which exemption justifies each redaction.

If Your Request Is Denied

The law builds in two levels of recourse: an administrative appeal inside the agency, then a lawsuit.

File an Administrative Appeal

If the agency denies your request in whole or in part, appeal to the head of the agency or its designated appeals officer. You have at least 90 days from the date of the denial to file.¹ The appeal must be in writing, identify the original request, attach the agency’s response, and explain why the denial was wrong.

You can appeal more than a flat “no.” Valid grounds include:¹⁶

Withholding a document or portion of a document.
Denial of a fee waiver.
The type or amount of fees charged.
A determination that the agency’s search was inadequate.
Any other adverse determination under FOIA.

The agency has 20 business days to decide the appeal.¹ Do not skip this step: courts generally require you to exhaust the administrative appeal before hearing a FOIA lawsuit.

Go to Federal Court

If the appeal fails, you can sue in federal district court. Courts have also recognized “constructive exhaustion”: if the agency blows the 20-day deadline on your initial request and has not given a substantive answer, you can treat the silence as a denial and go straight to court without filing an administrative appeal.¹⁷

In litigation, the burden is on the government to prove the withheld records fall within an exemption, and the judge may review disputed documents privately. If you win, the court can order release and may award reasonable attorney fees and litigation costs to a plaintiff who “substantially prevailed,” at the court’s discretion.¹⁸ One catch: plaintiffs who represent themselves without an attorney cannot recover attorney fees, even if they are lawyers.

Requesting Records About Yourself

If the records you want are about you — your own personnel file, benefits records, or investigation file — two laws may overlap. FOIA is open to anyone. The Privacy Act is a data-protection law that gives you specific rights over records held about you in agency systems, and limits access to the individual (or an authorized representative).¹⁹

Most agencies will process a request for your own records under whichever law gives you the greater amount of access, regardless of which one you cite. If you invoke the Privacy Act, expect the agency to ask for a signed statement or other proof of identity before releasing anything.⁷

1
Office of the Law Revision Counsel. 5 USC 552 – Public Information; Agency Rules, Opinions, Orders, Records, and Proceedings
2
FOIA.gov. Freedom of Information Act
3
FBI. Requesting FBI Records
4
Environmental Protection Agency. EPA Freedom of Information Act (FOIA)
5
Office of the Law Revision Counsel. 5 USC 551 – Definitions
6
Social Security Administration. FOIA Reading Room
7
FOIA.gov. Freedom of Information Act – How to Make a FOIA Request
8
FOIA.gov. Freedom of Information Act – Frequently Asked Questions
9
eCFR. 1 CFR 602.3 – Definitions
10
Department of Defense Office of Inspector General. Submit FOIA
11
National Archives. FOIA Terms of Art – Fee Requester Categories and Fee Waivers
12
Social Security Administration. 20 CFR 402.75 – FOIA Fee Schedule
13
U.S. Department of Commerce. FOIA Fee Categories, Schedule, and Waivers
14
U.S. Department of Labor. Guide to Submitting Requests Under the Freedom of Information Act
15
Department of Justice. New Limitations on Tolling the FOIAs Response Time
16
eCFR. Part 212 – Public Information
17
United States Department of Justice. FOIA Guidance and Resources – Court Decisions – Exhaustion
18
U.S. Department of Justice. FOIA Guide – Attorney Fees
19
Federal Law Enforcement Training Centers. Guide to FOIA and the Privacy Act