Which Agency Do You Ask, and What Law Covers It
The Freedom of Information Act, or FOIA, lets any person request records from federal executive branch agencies. You submit a request in writing to the specific agency that holds the records, and the agency must release them unless the material falls under one of nine legal exemptions. FOIA does not cover Congress, the federal courts, or state and local governments — those are handled by separate state public records laws.
Which Law Applies: Federal FOIA or a State Law
Before you file, confirm which government body actually holds the record you want. This is the same “which agency handles it” question that comes up with other consumer complaints — our guide on filing complaints with your state attorney general walks through a similar sorting problem for consumer issues.
- Federal agency records (FBI, IRS, VA, State Department, and similar) fall under federal FOIA
- State, county, or city records (local police reports, school board minutes, DMV files) fall under that state’s own public records law, which may be called a Sunshine Law, Public Records Act, Right to Know Law, or a state-level FOIA
- Congress, the federal courts, and the President’s immediate personal staff are not covered by federal FOIA at all
State laws are not standardized. Response deadlines, fees, and what counts as a public record vary by state, so if your target record sits with a state or local agency, search for that state’s public records law rather than filing under federal FOIA.
How to File a Federal FOIA Request
- Identify the right agency. Send your request to the specific federal agency that maintains the records — FOIA.gov lists every agency’s FOIA contact page
- Check if it’s already public first. Search the agency’s website and FOIA.gov’s online reading rooms before filing, since many records are already posted
- Put it in writing. Most agencies accept requests by web form, email, or fax, and some still take mail. A request must reasonably describe the records you’re seeking so an employee familiar with the files can locate them without extensive searching
- State your fee category. Tell the agency whether you’re a commercial requester, an educational or noncommercial scientific institution, a representative of the news media, or “all other” — this determines what you can be charged
- Note the amount you’re willing to pay, or ask for a fee waiver. A fee waiver requires showing that disclosure is in the public interest and not primarily for your own commercial benefit
- Save your confirmation. Keep any tracking number the agency gives you so you can follow up on the status of your request
What Agencies Must Disclose — and What They Can Withhold
FOIA requires agencies to release requested records unless the information falls under one of nine exemptions:
- Exemption 1: Information classified to protect national security
- Exemption 2: Information related solely to an agency’s internal personnel rules and practices
- Exemption 3: Information another federal law specifically prohibits disclosing
- Exemption 4: Trade secrets or confidential commercial or financial information
- Exemption 5: Privileged communications within or between agencies, including deliberative, attorney-work-product, and attorney-client material
- Exemption 6: Information that would invade someone’s personal privacy if disclosed
- Exemption 7: Records compiled for law enforcement purposes that could interfere with proceedings, endanger safety, or cause similar specific harms
- Exemption 8: Information concerning the supervision of financial institutions
- Exemption 9: Geological information on wells
Even when an exemption technically applies, agencies have discretion to release the information anyway if there’s no foreseeable harm in doing so. If only part of a record is exempt, the agency must release the rest and redact only the protected portion.
What FOIA Requests Cost
There’s no fee just to file a request. What you might pay afterward depends on your fee category:
- Commercial use requesters can be charged for search time, document review, and duplication, with no free allowance
- Educational and noncommercial scientific institutions pay only for duplication, and the first 100 pages are typically free
- Representatives of the news media also pay only for duplication, with the first 100 pages typically free
- All other requesters can be charged for search and duplication, but usually get the first two hours of search time and first 100 pages free
You can request a fee waiver by showing the disclosure primarily benefits the public rather than your own interest.
How Long a FOIA Request Takes
By law, federal agencies must respond within 20 business days of receiving your request, though “unusual circumstances” — like a need to search multiple offices or consult another agency — can extend that window. Agencies must send you a written notice if they’re invoking an extension. If your request was misdirected to the wrong agency component, the agency generally has additional working days to forward it before the clock starts.
Decision Path: What to Do Based on the Response
- Records released in full? You’re done — review what you received
- Records denied, partially withheld, or you got no response within the deadline? You can file a written administrative appeal, generally within 90 days of the agency’s decision
- Appeal denied or upheld? The agency must notify you of your right to judicial review, and mediation through the National Archives’ Office of Government Information Services is available as a non-litigation alternative
- Need the records faster than the standard timeline allows? You can request expedited processing, though agencies apply their own criteria for granting it, and a denial of expedited processing can itself be appealed
Common Mistakes That Slow Down a Request
- Describing what you want too vaguely for staff to locate the records with reasonable effort
- Filing with the wrong agency or the wrong division within a large agency — the same misdirection problem covered in our guide to figuring out which federal agency handles your complaint
- Skipping the fee category statement, which can delay processing
- Filing under federal FOIA for a record that’s actually held by a state or local government
- Missing the appeal deadline after a denial
If your goal is checking whether a product or company has open safety issues rather than requesting internal agency records, our guide on checking recalls through free government databases may get you the answer faster than a FOIA request.
Evidence Limits
This article summarizes the general FOIA process described on foia.gov and the Department of Justice’s Office of Information Policy as of this writing. It does not cover every federal agency’s specific procedures, does not address any particular state’s public records law in detail, and cannot guarantee how any individual request will be handled. Fees, deadlines, and exemption interpretations can change and can vary by agency. Confirm current requirements directly on foia.gov or the specific agency’s FOIA page before you file.
Frequently Asked Questions
Does FOIA cover state and local government records?
No. Federal FOIA only covers federal executive branch agencies. State, county, and city records fall under that state’s own public records law, which has its own rules, deadlines, and fees.
Do I need a lawyer to file a FOIA request?
No. Anyone can file a FOIA request in writing without an attorney. A lawyer becomes more relevant if your request is denied and you want to pursue judicial review after exhausting the administrative appeal.
Can an agency charge me even if it finds no records?
Some agencies can charge applicable search fees even when no responsive records are located, depending on your fee category. Check the specific agency’s fee schedule before filing if cost is a concern.
What happens if the agency misses the 20-business-day deadline?
You generally have the right to treat that as a denial and file an administrative appeal, or contact the agency’s FOIA Public Liaison for help resolving the delay.
Educational Disclaimer
This article is for general educational purposes only and is not legal advice. It does not address any individual’s specific records request, agency, or state’s laws. For current filing instructions, fees, and deadlines, visit foia.gov or the responsible agency’s FOIA page. For legal questions about a denial or appeal, consult a qualified attorney.
