Federal FOIA guide: how to request records from federal agencies
Freedom of Information Act (FOIA), 5 U.S.C. § 552. Rules below are quoted or closely paraphrased from the linked official pages, and each shows the date it was last checked (2026-10-17). Jurisdiction code: US.
Build a request letter Official source
Statute and who may ask
FOIA gives any person the right to request access to records from any federal agency, unless the information falls under one of nine exemptions that protect interests such as personal privacy, national security and law enforcement. Generally any person, a U.S. citizen or not, can make a request. FOIA applies to federal agencies; it does not cover state or local governments.
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17A request simply must be in writing and reasonably describe the records sought. There is no specific form. Most federal agencies accept requests electronically (web form, email or fax). Each agency handles its own records, so address the request to the FOIA office of the agency or component you believe has the records.
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17FOIA does not require agencies to create new records or to conduct research, analyze data or answer questions when responding to requests. You may specify the format in which you wish to receive records.
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17The nine exemptions listed on FOIA.gov are: (1) classified national security information; (2) internal personnel rules and practices; (3) information prohibited from disclosure by another federal law; (4) trade secrets and confidential commercial or financial information; (5) privileged inter- or intra-agency communications; (6) information that would invade personal privacy; (7) certain law enforcement records (7(A) through 7(F)); (8) financial-institution supervision; (9) geological information on wells. Agencies may withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or disclosure is prohibited by law.
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17
Response deadline
Within 20 days (excepting Saturdays, Sundays and legal public holidays) after receiving a request, the agency must determine whether to comply and immediately notify the requester of the determination and the reasons, the right to seek help from the agency's FOIA Public Liaison, and, for an adverse determination, the right to appeal and to seek dispute resolution from the FOIA Public Liaison or the Office of Government Information Services. (5 U.S.C. § 552(a)(6)(A)(i))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17The 20-day period starts on the date the appropriate component of the agency first receives the request, and in any event not later than 10 days after any component designated to receive requests first receives it. The agency may toll the period once to ask the requester for information it reasonably needs, and as needed to clarify fee issues. (5 U.S.C. § 552(a)(6)(A))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17In unusual circumstances the agency may extend the time by written notice that sets out the reasons and the date a determination is expected. The notice may not specify an extension of more than ten working days (with a further process if the request still cannot be processed in time). (5 U.S.C. § 552(a)(6)(B))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17A requester is deemed to have exhausted administrative remedies if the agency fails to meet the time limits, which opens the way to court. "Exceptional circumstances" do not include delay from predictable agency workload unless the agency shows reasonable progress in reducing its backlog. (5 U.S.C. § 552(a)(6)(C))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17Expedited processing: each agency must have regulations for it in cases of "compelling need" and may add other cases, and must decide on an expedited-processing request, and tell the requester, within 10 days of the request. FOIA.gov describes two situations that apply at every agency: a threat to someone's life or physical safety, or an urgency to inform the public about an actual or alleged federal government activity when the request is made by a person primarily engaged in disseminating information. (5 U.S.C. § 552(a)(6)(E))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17FOIA.gov says agencies typically process requests in the order received and that actual time varies with complexity and backlog; the agency's FOIA Requester Service Center can answer questions about the status of a request.
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17
Fee rules
There is no initial fee to submit a request, but fees may be charged in some cases. Agency fee regulations set three categories: (I) commercial-use requesters can be charged reasonable standard charges for search, duplication and review; (II) educational or noncommercial scientific institutions and news-media representatives can be charged only for duplication; (III) all other requesters can be charged for search and duplication. (5 U.S.C. § 552(a)(4)(A)(ii))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17No fee may be charged for the first two hours of search time or the first one hundred pages of duplication for category II or III requests, or if the cost of collecting the fee would equal or exceed the fee. Only direct costs may be recovered. (5 U.S.C. § 552(a)(4)(A)(iv))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17Documents must be furnished without charge or at reduced charge if 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 is not primarily in the commercial interest of the requester. FOIA.gov adds that requests for records about yourself usually do not meet this standard and that inability to pay is not a legal basis for a waiver. (5 U.S.C. § 552(a)(4)(A)(iii))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17An agency may not require advance payment unless the requester previously failed to pay fees on time or the agency determines the fee will exceed $250. An agency generally may not assess search fees (or duplication fees for news-media and educational requesters) if it misses a time limit, subject to an additional 10-day excuse where unusual circumstances notice was timely. (5 U.S.C. § 552(a)(4)(A)(v), (viii))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17You may always include in your request a statement limiting the amount you are willing to pay. If fees are estimated, the agency will notify you in writing and offer a chance to narrow the request. If you agree to pay for a search, you may have to pay even if no releasable records are found.
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17
Appeal path and remedies
An adverse determination can be appealed to the head of the agency within a period set by the agency head that is not less than 90 days after the adverse determination. The agency must decide the appeal within twenty days (excepting Saturdays, Sundays and legal public holidays) and, if it upholds the denial, tell you about judicial review. (5 U.S.C. § 552(a)(6)(A)(ii))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17FOIA.gov says an appeal typically needs only a letter or email to the agency's designated appeal authority stating that you are appealing the initial decision; there is no fee. You may first talk to the FOIA professional on your request or the agency's FOIA Public Liaison.
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17After the administrative appeal you may ask the Office of Government Information Services (OGIS), part of the National Archives and Records Administration, for mediation as an alternative to litigation. (FOIA.gov; also 5 U.S.C. § 552(a)(6)(A)(i)(III)(bb))
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17A requester may file a complaint in the U.S. district court where the complainant resides or has a principal place of business, where the records are situated, or in the District of Columbia. The court decides de novo and the agency has the burden to sustain its action. The court may assess reasonable attorney fees and costs against the United States if the complainant substantially prevailed. (5 U.S.C. § 552(a)(4)(B), (E))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17
Request-letter wording notes
Describe the records reasonably (type, date range, subject, office) and say what format you prefer (for example electronic). Address the request to the FOIA office of the specific agency or component; FOIA.gov has a list of agencies with contact details.
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17Include a statement limiting the fees you will pay, if you want one, and ask for a fee waiver or reduction if you can show the public-interest standard in 5 U.S.C. § 552(a)(4)(A)(iii).
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17If you are seeking records about yourself, agencies ask for a certification of your identity (a notarized statement or a statement signed under penalty of perjury). For records about another person you generally get greater access with that person's authorization or proof that the person is deceased.
Source: FOIA.gov: Frequently Asked Questions (U.S. Dept. of Justice, Office of Information Policy) · last verified 2026-10-17Any notification of denial must set forth the names and titles or positions of each person responsible for the denial, and agencies tell you which exemption is applied. A letter can ask for these items. (5 U.S.C. § 552(a)(6)(C)(i); FOIA.gov)
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17Only ask for expedited processing if one of the compelling-need situations above truly applies, and say why; the request is decided within 10 days. (5 U.S.C. § 552(a)(6)(E))
Source: 5 U.S.C. § 552 (FOIA), text on Cornell Legal Information Institute (an educational copy, not the official U.S. Code site) · last verified 2026-10-17
Not yet researched or not verified
- Agency-by-agency regulations, addresses and appeal deadlines (each agency sets its own; see FOIA.gov's agency list)
- Text of the statute on the official uscode.house.gov site (the page could not be read on the day of checking, so the Cornell copy was used)
- State-level records laws are separate (see the other state entries)
This is legal information from public sources, not legal advice. Laws and agency practices change; read the linked official source and consult a lawyer about your situation. Local agencies may have their own forms and contacts.