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How to File a FOIA Request

The Freedom of Information Act (5 U.S.C. § 552) gives any person the right to request records from federal executive-branch agencies. This guide walks through the process step by step — from identifying the right agency to filing an administrative appeal. It is a practical procedural guide, not legal advice.

What FOIA covers — and what it does not

FOIA applies to records held by federal executive-branch agencies: cabinet departments, independent agencies, regulatory commissions, and government corporations. It does not cover:

  • Congress, the federal courts, or the President's immediate personal office (these are outside the statutory definition of “agency”).
  • State and local government records.Each state has its own public-records law — sometimes called a state FOIA, sunshine law, or open-records act (e.g., California Public Records Act, Texas Public Information Act, New York Freedom of Information Law). See How to Research State Law and the Tables hub for state-by-state comparisons.

1. Identify the right agency

FOIA requires you to request records from the specific agency that holds them. Sending a request to the wrong agency wastes time; the agency is only required to search its own records.

  • Use the FOIA.gov agency directory to find contact details, online portals, and FOIA reading rooms for every covered federal agency.
  • If records may be held by multiple agencies (e.g., a joint investigation), file separate requests with each agency.
  • Check the agency's FOIA reading room first — agencies must proactively post frequently requested records, and you may find what you need without filing a request.

2. Draft the written request

Your request must reasonably describe the records you want (5 U.S.C. § 552(a)(3)(A)). There is no magic form, but a well-drafted request reduces delays.

  • Description:Be as specific as possible — date ranges, subject matter, document types, office or individual involved. Vague requests invite clarification delays.
  • Your identity and contact information: Name, mailing address, and email. Anonymous requests are permitted but may complicate fee waiver claims.
  • Fee statement:State whether you agree to pay fees up to a specified amount (e.g., “up to $50”), or affirmatively request a fee waiver (see Step 6 below).
  • Requester category:Declare whether you are commercial, educational/scientific, news media, or “other” — this affects fee assessment.
  • Label the letter or subject line FREEDOM OF INFORMATION ACT REQUEST so it is routed correctly.

3. Submit the request

Most agencies accept requests through their online FOIA portal, accessible from FOIA.gov. Online submission is fastest and creates a clear timestamp. Alternatively, send a written letter to the agency's FOIA office by mail or email — addresses are listed in the agency directory and in the agency's published FOIA regulations in the Federal Register. Keep a copy of everything you send and note the date submitted.

4. Statutory response deadline

Under 5 U.S.C. § 552(a)(6)(A), an agency must determine whether to comply within 20 working daysof receiving a proper request. “Determine” means notifying you of the decision, not necessarily producing all records by that date.

Agencies may extend the deadline by up to 10 additional working daysfor “unusual circumstances” such as needing records from multiple field offices, a voluminous request, or required consultation with another agency (5 U.S.C. § 552(a)(6)(B)).

Use the FOIA Deadline Tracker on this site to calculate your 20-day and extended deadlines automatically.

5. Fee waivers and fee categories

Agencies may charge fees for search, duplication, and review. However, fee waivers are available when disclosure is likely to contribute significantly to public understanding of government operations and the requester's purpose is not primarily commercial (5 U.S.C. § 552(a)(4)(A)(iii)). Common waiver-eligible categories include:

  • Educational institutions and scientific institutions requesting records for scholarly research (no duplication fee beyond the first 100 pages).
  • News media requesting records to disseminate information to the public (search fees waived; duplication fees apply after 100 pages).
  • Requesters who can demonstrate the information will be meaningfully contributed to the public interest and not used primarily for commercial gain.

State your waiver basis explicitly in the request. If the agency denies the waiver, that denial is itself appealable.

6. FOIA exemptions

FOIA does not require disclosure of all records. There are nine statutory exemptions (5 U.S.C. § 552(b)) that agencies may invoke to withhold records in whole or in part:

  1. Exemption 1— Classified national defense or foreign policy information.
  2. Exemption 2— Internal personnel rules and practices.
  3. Exemption 3— Information exempted by another federal statute.
  4. Exemption 4— Trade secrets and confidential commercial or financial information.
  5. Exemption 5— Inter- or intra-agency communications protected by deliberative process, attorney-client, or attorney work-product privilege.
  6. Exemption 6— Personal privacy (personnel, medical, similar files whose disclosure would constitute a clearly unwarranted invasion of personal privacy).
  7. Exemption 7— Law enforcement records (various sub-categories including interference with proceedings, informant identity, and unwarranted invasion of privacy).
  8. Exemption 8— Records of financial institution supervision.
  9. Exemption 9— Geological and geophysical information relating to wells.

Even when an exemption applies, agencies must release any reasonably segregable non-exempt portions. See FOIA.gov — About FOIA for the full exemption text, and the DOJ Office of Information Policy (OIP) for agency-by-agency guidance and annual FOIA reports.

7. Administrative appeals and federal court suit

If the agency denies your request in whole or in part, you have the right to file an administrative appealwithin the same agency (5 U.S.C. § 552(a)(6)(A)(i)). The agency's FOIA regulations (published in the Federal Register and the CFR) specify the appeal office address and deadline — typically 90 days from the denial letter. The appeal must generally be in writing and state the grounds for appeal.

If the administrative appeal is denied or the agency fails to respond within the statutory period, you may file suit in a U.S. District Court(5 U.S.C. § 552(a)(4)(B)). Venue is proper in the district where you reside, where you have your principal place of business, where the agency records are situated, or in the District of Columbia. The court reviews the agency's decision de novo and may order production of records.

For background on federal court structure, see How to Research Federal Law and How to Read a Case.

State public records laws

Federal FOIA only reaches federal executive-branch agencies. For records held by state governments, cities, counties, school districts, or other state entities, you must use each state's own public-records law. Well-known examples include the California Public Records Act (Cal. Gov. Code § 7920 et seq.), the Texas Public Information Act (Tex. Gov't Code ch. 552), and the New York Freedom of Information Law (N.Y. Pub. Off. Law § 84 et seq.). The NCSL state FOIA equivalents page summarizes each state's statute. See also How to Research State Law and the Tables hub on this site.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.