Everything you need to know about the Freedom of Information Act and your right to access government records.
The Freedom of Information Act (FOIA), 5 U.S.C. § 552, is a federal law enacted in 1966 that gives any person the right to request access to federal agency records. FOIA is based on the principle that the public has a right to know what its government is doing.
FOIA applies to records held by agencies in the executive branch of the federal government. It does not apply to Congress, the federal courts, or state/local governments (though most states have their own open records laws).
Anyone can file a FOIA request — U.S. citizens, permanent residents, foreign nationals, organizations, businesses, and even other government agencies. There is no requirement to explain why you want the records.
While FOIA creates a presumption of openness, agencies may withhold information under nine specific exemptions:
Agencies may charge fees for processing your FOIA request under 5 U.S.C. § 552(a)(4)(A). These are separate from any FOIAfile filing fees and are charged directly by the agency. How much you pay depends on your requester category:
Charged for search time, review time, and duplication. Agencies typically charge $15–$50/hour for search and review, plus $0.10–$0.25 per page for copies.
Only charged for duplication costs after the first 100 pages. Search and review time are free.
First 2 hours of search time and first 100 pages of duplication are free. After that, agencies charge their standard rates. Review time is never charged for non-commercial requesters.
Agencies are required to waive fees when the total is below a minimum threshold — typically $25 to $50 depending on the agency. For most individual requests, the fees fall below this threshold and are waived entirely. You can also request a fee waiver if disclosure is in the public interest, and agencies must provide records in electronic format (PDF) at no additional cost when available.
By law, agencies must respond to FOIA requests within 20 business days. However, many agencies have significant backlogs, so actual response times often exceed this deadline. Complex requests may be placed on a “complex track” with longer processing times.
You can request expedited processing if you can demonstrate a “compelling need,” such as an imminent threat to life or an urgent need to inform the public about government activity.
If your request is denied (in whole or in part), you have the right to file an administrative appeal with the agency. You generally have 90 days from the date of the denial to file. The agency must respond to your appeal within 20 business days.
If the administrative appeal is also denied, or if the agency fails to respond within the statutory deadline, you can file a lawsuit in federal district court under 5 U.S.C. § 552(a)(4)(B). FOIA provides for the recovery of attorney fees if you substantially prevail, meaning legal representation may come at no upfront cost to you.
If an agency has denied your request, missed its deadline, or you need help navigating the process, the FOIA litigation attorneys at T Miller Law can help. They offer free consultations and handle many FOIA cases on a fee-shifting basis — the government pays the legal fees when you prevail.
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