Filing a FOIA Request: How to Access Government Records

Filing a FOIA Request: Your Right to Government Records

The Freedom of Information Act (FOIA), enacted in 1966, gives any person the right to request access to federal agency records. You do not need to be a U.S. citizen, and you do not need to explain why you want the records. FOIA applies to records held by agencies in the executive branch of the federal government, including cabinet departments, military departments, independent regulatory agencies, and government corporations.

What FOIA Covers

FOIA applies to federal executive branch agencies. It does not apply to:

Congress or the federal courts

State or local government agencies (though most states have their own open records laws)

The President's personal staff in the White House Office

Private companies or organizations

Agencies must disclose records unless they fall within one of nine specific exemptions:

National security information properly classified under executive order

Internal personnel rules and practices of an agency

Statutory exemptions — information exempted by other federal statutes

Trade secrets and confidential commercial information

Privileged inter-agency or intra-agency communications (deliberative process, attorney work product, attorney-client)

Personal privacy — personnel, medical, and similar files

Law enforcement records that could interfere with proceedings, deprive a person of a fair trial, or endanger life

Financial institution records — examination, operating, or condition reports

Geological and geophysical information concerning wells

Step 1: Identify the Right Agency

Before filing your request, determine which agency holds the records you want. If you are unsure, the FOIA.gov website maintains a list of all federal agencies with FOIA offices. You can submit requests to multiple agencies simultaneously.

Step 2: Draft Your Request

A FOIA request must be in writing. Include:

A clear description of the records you seek — be as specific as possible

Your full name and contact information

A statement that your request is made under the Freedom of Information Act, 5 U.S.C. Section 552

Your preferred format for receiving records (electronic or paper)

A statement about your willingness to pay fees, or a request for a fee waiver

Tips for effective requests:

Use date ranges, names, and specific subjects to narrow your request

Avoid overly broad requests like "all records about immigration" — these will be delayed or denied as unreasonably burdensome

Request records in electronic format for faster processing

Ask for a fee waiver if you are a journalist, researcher, or the records serve the public interest

Step 3: Submit Your Request

Submit your request to the agency's FOIA office. Most agencies accept requests by:

Email or online portal (preferred and fastest)

U.S. mail

Fax

Many agencies have online FOIA portals that allow you to submit and track requests electronically.

Step 4: Understand the Timeline

Agencies have 20 business days to respond to your request

In practice, complex requests can take months or even years

You can request expedited processing if there is an urgent need for the records, such as a threat to life or safety or media deadline

Agencies may grant interim releases, providing records on a rolling basis

Step 5: Handling Denials and Exemptions

If your request is denied in whole or in part:

Administrative appeal: File an appeal with the agency within the timeframe specified in the denial letter (usually 90 days)

OGIS mediation: Contact the Office of Government Information Services (OGIS), which serves as a FOIA ombudsman and can mediate disputes

Federal lawsuit: File suit in federal district court under 5 U.S.C. Section 552(a)(4)(B) — the court reviews the agency's decision de novo

Fee Waivers

Agencies charge fees for search, review, and duplication. However, fees must be waived or reduced if disclosure is in the public interest because it is likely to contribute significantly to public understanding of government operations. Journalists and educational or scientific institutions receive preferential fee treatment.

Disclaimer: This guide covers federal FOIA requests. Most states have their own open records laws with different procedures and exemptions. Check your state attorney general's website for state-specific guidance.