How to File a Federal FOIA Request: Step by Step

What FOIA covers and who can use it

Federal agencies must make records available to any person under FOIA, except information that falls within one of nine statutory exemptions ^[1]. Generally, any person, U.S. citizen or not, can make a FOIA request ^[2]. Generally, any person can file, though fees depend on your requester category ^[1].

FOIA is administered on a decentralized basis, with each of over 100 federal agencies receiving, processing, and responding to its own requests ^[1]. It does not apply to Congress or the courts ^[1]. It also does not apply to state and local governments ^[1]. Every state has its own public records statute ^[3]. Check your state's law if you need records from a city hall, a state agency, or a local police department.

Before you file: check if the records are already public

Do your homework before you file. FOIA.gov advises checking whether the information is already publicly available, for example on the agency's website ^[1]. If the information is already public, you may not need to file a request. Preliminary research may save you time and money ^[4].

FOIA does not require agencies to answer your questions or analyze data ^[1]. A FOIA request is not a substitute for basic research. Before filing, check whether the information is already publicly available, since the FOIA does not require agencies to create new records.

Step 1: Decide exactly which records you want

FOIA gets you existing records. The law does not require agencies to create new records just to satisfy your request ^[1]. FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests ^[1]. Agencies need not create new records, conduct research, or synthesize data from multiple sources ^[4]. Agencies do not have to answer questions when responding to requests ^[1]. Focus your request on specific documents or data sets that already exist. Ask for records, not answers.

FOIA is administered on a decentralized basis. Each of over 100 agencies receives, processes, and responds to its own requests ^[1]. There is no single government-wide FOIA office ^[1]. Each agency handles its own requests. You need to identify which specific agency holds the data you need. Tailoring your request to fit within an agency's simple track can help you get a quicker response, per FOIA.gov ^[1].

Video from The Justice Department (official YouTube channel; hosted on FOIA.gov). Open at youtube.com. Content from youtube.com loads only if you click.

Watch the Department of Justice walk through the exact steps to make a request.

Step 2: Find the right agency and office

Your request moves fastest when you target the right office. Address your request directly to the agency component that holds the records ^[2]. Sending a request to the wrong office, such as Army records to the main DoD FOIA office, can waste time and resources, per OGIS. ^[4]

If you get confused, ask the agency's FOIA Public Liaison for advice ^[4]. The liaison can give advice if you are unsure where to send the request ^[4].

Step 3: Write a clear, direct request

You do not need an official government form to file ^[1]. Your request simply must be in writing and reasonably describe the records you seek ^[1]. Describe the records with enough detail that an officer can find them. Do not ask the officer to do your research for you.

Keep your letter simple, direct, and polite ^[4]. Too much background information can complicate the process ^[4]. Explain exactly which documents you want. FOIA does not require agencies to answer your questions ^[1]. Do not send a question and expect an answer. Send a request for a specific document instead.

Specify the format you want. The agency must provide the record in any form or format you request if it is readily reproducible ^[5]. You can include a statement limiting the amount you are willing to pay in fees ^[2]. State your limit clearly in the text of your request. Do not wait for the bill to arrive before setting your budget.

Step 4: Submit your request and track it

Most federal agencies accept requests electronically. Most federal agencies accept web forms, email, or fax; check the agency's FOIA page for its accepted methods ^[1]. Keep a copy of exactly what you send for your files. Note the date you submit it. The 20-day period runs from the agency's receipt of the request, excluding weekends and holidays, with limited exceptions ^[5].

The agency will usually send you an acknowledgement letter ^[4]. That letter includes a tracking number ^[4]. Save this number. Include it in all future correspondence about your request ^[4].

Fees, fee categories, and fee waivers

You do not pay an initial fee to submit a request ^[2]. But the law allows agencies to charge fees in some cases ^[2]. If you agree to pay search fees, you may have to pay them even if no releasable records are found ^[2]. You may include a statement in your letter limiting the amount you are willing to pay in fees ^[2].

Video from The Justice Department (official YouTube channel; hosted on FOIA.gov). Open at youtube.com. Content from youtube.com loads only if you click.

Watch this official video explaining how FOIA fees and waivers work.

Representatives of the news media, non-commercial scientific institutions, and educational institutions are only charged for duplication ^[1]. The first 100 pages of duplication come free for these requesters ^[1]. FOIA.gov describes news media requesters as those who gather information of potential interest to a segment of the public, use editorial skills to turn raw materials into a distinct work, and distribute that work to an audience ^[1]. FOIA.gov describes a representative of the news media as any person or entity that gathers information of potential interest to a segment of the public, uses editorial skills to turn it into a distinct work, and distributes it to an audience ^[1].

If you need to show you work as a journalist, you can join the National Press Association, and NPA membership is free to apply for.

All other requesters are charged for search time and duplication, with the first two hours of search and 100 pages of duplication provided at no charge ^[1]. Commercial-use requesters can be charged for search time, review time, and duplication ^[1]. Just because you cannot afford the fees does not legally force the agency to waive them ^[1].

Deadlines and expedited processing

The law sets a 20-day clock. An agency must decide whether to comply within 20 days. This excludes weekends and holidays ^[5]. In unusual circumstances, they can extend this deadline. They must send written notice ^[5]. The extension usually cannot exceed ten working days ^[5].

OGIS notes it may be unrealistic to expect an answer within the 20-day window ^[4]. Agencies typically process requests in the order they receive them ^[1]. Broader requests are likely to take longer and may be called burdensome ^[6].

Expedited processing is available in two specific situations, per FOIA.gov's FAQ. ^[2] A compelling-need request requires a certified statement that the need is true and correct to the best of your knowledge and belief, under the statute ^[5].

Limits, exemptions, and when to get help

FOIA has limits. Agencies can withhold information only within nine specific exemptions written into the law ^[1]. These exemptions protect interests such as personal privacy and law enforcement ^[1]. If portions are withheld, the agency will inform you of the specific FOIA exemption being applied, per FOIA.gov's FAQ. ^[2] Agencies should consider partial disclosure and take reasonable steps to segregate and release nonexempt information ^[2].

Records about another person ordinarily will not be disclosed if disclosure could invade that person's privacy ^[2]. For records about yourself, you will be asked to provide a notarized statement or a statement signed under penalty of perjury ^[2].

Download this plain-language Q&A brochure on your right to federal records.

Under the statute, a requester is deemed to have exhausted administrative remedies if the agency fails to comply with the applicable time limits ^[5]. You generally cannot sue until you have exhausted all administrative options ^[6]. In court, the burden is on the agency to sustain its action ^[5]. If you need legal advice, contact a media lawyer.

What to do if you are denied or ignored

Reporters Committee interviewee Leopold says to always appeal ^[6]. Act quickly. Many appeal windows are short ^[6]. To appeal, send a letter or email to the agency's designated appeal authority ^[2]. State clearly that you are appealing the initial decision ^[2].

There is no fee to file an appeal ^[2]. The statute says the agency head sets the appeal period, and it must be at least 90 days after an adverse determination ^[5]. Check your denial letter for the exact deadline and act quickly, because many appeal windows are short ^[6]. Typically, an appeal only requires a letter or e-mail to the agency's designated appeal authority stating that you are appealing the initial decision, and there is no fee ^[2].

Watch the Reporters Committee's practical tips for filing requests.

If the appeal fails, you have options short of a lawsuit. OGIS offers mediation services to resolve disputes between requesters and agencies as an alternative to litigation ^[2].

When you document your reporting for events or interviews, the NPA credential is a private association credential, and the guide to NPA press credentials explains how it works.