A FOIA request is a written demand to a federal agency asking it to hand over records it holds, and any person can file one. The Freedom of Information Act, codified at 5 U.S.C. ยง 552, has given the public that right since 1967, working from the premise that federal records belong to the people unless a specific legal reason justifies keeping them secret.1FOIA.gov. Freedom of Information Act: How to Make a FOIA Request You identify the agency, describe the records you want, and wait for a response. Federal law gives the agency 20 working days to make a determination. If you get turned down, you can appeal, and if the appeal fails, you can sue.
Which Agencies FOIA Reaches
FOIA applies to federal executive branch agencies. The definition is broad: cabinet departments like the Department of Justice and the Department of Defense, independent agencies like the EPA and the FTC, government corporations, and the Executive Office of the President.2Office of the Law Revision Counsel. 5 USC 552 – Public Information; Agency Rules, Opinions, Orders, Records, and Proceedings If a body exercises executive authority at the federal level, it almost certainly falls under FOIA.
Congress and the federal courts are not covered. Neither are state or local governments, which have their own public records statutes. If you want records from a city council, a state agency, or a court, FOIA is the wrong tool.
What Counts as a Record
An agency record is anything the agency created or obtained that remains in its control when you file. Format is irrelevant: paper, emails, photographs, maps, audio, spreadsheets, and data pulled from computer systems all qualify.3National Archives. Freedom of Information Act (FOIA) Reference Guide
One important limit: agencies only have to search for and produce records that already exist. They do not have to answer questions, do research, run new analyses, or create documents to satisfy a request.3National Archives. Freedom of Information Act (FOIA) Reference Guide Framing a FOIA submission as a question rather than a records request is the most common reason first-time requesters get a “no responsive records” letter.
How to File
Start by identifying the correct agency. FOIA requests go to specific agencies, not to the federal government at large. FBI surveillance files come from the FBI. Environmental enforcement data comes from the EPA. When you’re unsure who holds what you need, the agency listings on FOIA.gov can help narrow it down.1FOIA.gov. Freedom of Information Act: How to Make a FOIA Request
The request must be in writing and “reasonably describe” the records. In practice that means being specific about dates, names, subject matter, and document type. “All records about pollution” will get bounced back with a clarification letter, which restarts the processing clock. “Inspection reports for the XYZ Chemical facility in Springfield, Illinois, from January 2023 through December 2025” gives the agency something it can actually search for.
Most agencies accept requests electronically, through their own FOIA portals, by email, or through the central FOIA.gov submission system.1FOIA.gov. Freedom of Information Act: How to Make a FOIA Request Mail works too. There is no official form. A clear letter or email that names the agency, describes the records, states your fee category, and gives your contact information is enough.
Fees and Fee Waivers
FOIA is not always free, but the fee structure keeps costs low for most people. What you pay depends on which of four requester categories applies to you:4eCFR. 15 CFR 4.11 – Feesp>
- Commercial use requesters pay for search time, document review, and duplication. This is the most expensive category.
- Educational and noncommercial scientific institutions pay only for duplication, with the first 100 pages free.
- News media representatives get the same treatment: duplication only, first 100 pages free.
- Everyone else pays for search time and duplication, but the first two hours of search and the first 100 pages are free. No review fees apply.
For most individuals filing a non-commercial request, a modest number of records will cost nothing. Beyond the free allotment, agencies typically charge around $0.10 per page for photocopies, though rates vary slightly.5eCFR. 20 CFR 402.75 – FOIA Fee Schedule
You can also ask the agency to waive fees entirely on public interest grounds. To qualify, you have to show two things: that release would meaningfully contribute to public understanding of government operations, and that the request is not primarily for commercial gain.6eCFR. 20 CFR 402.85 – Waiver of Fees in the Public Interest Make the argument in your initial request rather than waiting to be billed.
Deadlines and What Happens Next
Once the agency receives your request, the clock starts. It has 20 working days, not calendar days, to make a determination on whether it will comply.7FOIA.gov. Freedom of Information Act Statute That period begins when the correct office within the agency receives the request, but no later than 10 days after any component of the agency first gets it. The agency can pause the clock once to ask you for clarifying information, and again to resolve fee issues.
For unusually large requests or ones requiring consultation with other offices, the agency can extend the deadline by written notice. Extensions beyond 10 additional working days require the agency to offer you the option of narrowing your request or agreeing to an alternative timeframe.7FOIA.gov. Freedom of Information Act Statute Complex requests routinely take months in practice.
You’ll get a tracking number after filing that lets you check status through the agency’s FOIA portal or requester service center. When processing is complete, the agency sends a determination letter explaining what it found, what it’s releasing, and, if anything was withheld, which exemptions it applied.
Asking for Expedited Processing
If waiting weeks or months would cause real harm, you can request expedited processing, but the bar is high. You have to show a “compelling need,” which the statute defines as either an imminent threat to someone’s life or physical safety, or, for a person primarily engaged in disseminating information, urgency to inform the public about actual or alleged government activity.2Office of the Law Revision Counsel. 5 USC 552 – Public Information; Agency Rules, Opinions, Orders, Records, and Proceedings Include a certified statement explaining why your situation qualifies. The agency has 10 calendar days to decide whether to grant expedited treatment.
Why Agencies Withhold Records: The Nine Exemptions
FOIA starts from the position that records should be released. An agency can only withhold information that falls under one of nine specific exemptions, and even then the 2016 FOIA Improvement Act added a “foreseeable harm” requirement: the agency must show that release would actually cause harm to the interest the exemption protects, not just that a technical exemption might apply.8Department of Justice. OIP Summary of the FOIA Improvement Act of 2016
The nine exemptions cover:9Department of Justice. What Are the 9 FOIA Exemptions?
- Classified national security information.
- Internal agency personnel rules and practices.
- Information another federal statute specifically prohibits from disclosure.
- Trade secrets and confidential commercial or financial information.
- Privileged internal agency communications, including attorney-client and deliberative process privileges.
- Information whose release would invade personal privacy, such as personnel and medical files.
- Law enforcement records, where disclosure could interfere with proceedings, reveal confidential sources, endanger safety, or compromise investigative techniques.
- Information related to the supervision of financial institutions.
- Geological data about oil and gas wells.
When a document contains both releasable and exempt material, the agency has to redact only the protected portions and release the rest. Redactions appear as blacked-out sections, each marked with the exemption that justifies it. Exemptions 5 and 7 are the ones agencies rely on most heavily and the ones most often worth challenging on appeal.
If You’re Denied: Appeals, Mediation, and Court
A denial, whether full or partial, is not the end. You have at least 90 days from the date of the adverse determination to file an administrative appeal.7FOIA.gov. Freedom of Information Act Statute The appeal goes to a separate office within the same agency, which reviews the original decision independently. Put the appeal in writing, reference the tracking number, and explain why the denial was wrong.10eCFR. Subpart H – Administrative Appeals Mark the envelope or subject line “Freedom of Information Act Appeal” so it gets routed correctly. The agency then has another 20 working days to decide.
Free mediation is also available through the Office of Government Information Services (OGIS), the federal FOIA ombudsman housed within the National Archives. OGIS works with both you and the agency to reach resolution, and the service is voluntary and confidential. You can contact OGIS at any point, not just after a denial.11National Archives. Mediation Program For disputes rooted in miscommunication rather than genuine legal disagreement, mediation is often faster than a formal appeal.
If your administrative appeal fails, you can sue in federal district court. The agency’s appeal denial letter is required to tell you so.7FOIA.gov. Freedom of Information Act Statute You can file where you live, where you do business, where the records are located, or in the District of Columbia. FOIA litigation is unusual in that the burden of proof falls on the government: the agency has to justify its withholding, and the court reviews the matter from scratch rather than deferring to the agency. If you substantially prevail, the court can order the agency to pay your attorney fees and litigation costs.2Office of the Law Revision Counsel. 5 USC 552 – Public Information; Agency Rules, Opinions, Orders, Records, and Proceedings
Requesting Records About Yourself
If you’re after federal records about yourself, such as a personnel file, benefits record, or immigration history, you have a second tool: the Privacy Act of 1974. The Privacy Act is available only to U.S. citizens and lawful permanent residents seeking their own records, but it removes a meaningful barrier. FOIA Exemptions 6 and 7(C) let agencies redact information that would invade someone’s personal privacy; those exemptions cannot be used to deny you access to information about yourself under the Privacy Act.
If you submit a request for your own records without specifying which law you’re invoking, most agencies will process it under both FOIA and the Privacy Act at once and withhold material only if it’s exempt under both statutes. For your own records, that dual-track approach usually gets you more than FOIA alone would.