Free Guide 🇺🇸
How to Make a FOIA Request in the US
The Freedom of Information Act gives every person the right to access records held by federal agencies. This guide explains how to make an effective request and what to do if it is refused.
What FOIA covers
The federal FOIA (5 U.S.C. § 552) covers federal executive branch agencies — not Congress, courts, the President’s immediate advisors, or private companies. For state and local government records, use your state’s public records law.
How to submit a request
- —Identify the correct agency — submit to the specific agency holding the records
- —Submit in writing — most agencies accept email, online portal, or mail
- —Describe records as specifically as possible — dates, departments, subjects
- —Include contact information
- —Request a fee waiver if eligible
Fee categories
- —News media: charged only for duplication (first 100 pages free)
- —Educational or scientific institutions: duplication only
- —All others: search, review, and duplication fees
- —Fees waivable if disclosure is in the public interest and not primarily commercial
If your request is refused
- —File an administrative appeal with the agency — must respond within 20 business days
- —Request mediation from the Office of Government Information Services (OGIS) — free and non-binding
- —File suit in federal district court — where you live, where documents are, or DC
State public records
Each state has its own public records law. Submit to the custodian of records citing your state’s statute. Response times vary from 5 to 30 business days. If refused, appeal to the relevant state oversight body.
Tips
- —Check the agency’s FOIA reading room first — many records are already public
- —Submit electronically for faster processing and clear timestamp
- —Follow up if no acknowledgment within 20 business days
- —Split broad requests into specific ones to stay within cost limits