Federal FOIA Guide: Filing Requests with Any Federal Agency

The Freedom of Information Act (5 U.S.C. § 552) gives you the right to request records from any federal executive branch agency. Here's how to use it effectively.

The Basics

Who: Any person (U.S. citizen or not) can file a FOIA request

What: Any records in the possession of a federal executive branch agency

Response time: 20 business days from receipt

Cost: Fees may apply for search, review, and duplication — but fee waivers are available

The 9 FOIA Exemptions

Agencies can only withhold records under these specific exemptions:

Classified national security information

Internal agency personnel rules and practices

Information exempted by other statutes

Trade secrets and confidential business information

Inter-agency or intra-agency communications (deliberative process)

Personal privacy information

Law enforcement records (7 sub-exemptions: A through F)

Financial institution examination records

Geological information about wells

Fee Waivers

You're entitled to a fee waiver if disclosure is:

In the public interest

Likely to contribute significantly to public understanding

Not primarily in your commercial interest

When Your Request Is Denied

Administrative appeal: File within 90 days to the agency's FOIA appeals office

OGIS mediation: The Office of Government Information Services can mediate disputes

Federal lawsuit: File in U.S. District Court — the agency bears the burden of proving exemptions apply

Attorney's fees: If you substantially prevail, you can recover attorney's fees under § 552(a)(4)(E)

Tips for Effective Federal Requests

Be specific: "All emails between X and Y about Z during Q1 2025" beats "all records about Z"

Know your agency: Different agencies have different cultures — DOJ is litigation-heavy, EPA is relatively responsive

File multiple narrow requests rather than one broad one

Request expedited processing if you have a media deadline or health/safety urgency

File your federal FOIA request →