What is the difference between a federal FOIA and a state records request?
The federal Freedom of Information Act (5 U.S.C. § 552) applies to federal agencies — departments, bureaux, and agencies of the executive branch. Each state has its own public records law (sometimes called a sunshine law or open records law) that applies to state and local government agencies. If you want records from a city council, state agency, police department, or public school, you need to use that state's public records law, not the federal FOIA.
How long must a federal agency take to respond to a FOIA request?
Federal agencies must acknowledge receipt and provide an initial determination within 20 business days. However, many agencies face large backlogs and take significantly longer in practice. You can request expedited processing if you can demonstrate an urgent need — for example, if the information is needed to correct a threat to life or safety, or if you are a journalist covering a matter of urgent public concern.
Can I request a fee waiver?
Yes. FOIA fees can be waived or reduced if disclosure is in the public interest and not primarily for commercial use. News media, educational institutions, and non-commercial scientific institutions often qualify for reduced or waived fees. You can also request that search and review fees be waived if the request is for personal use and you are an individual with limited means. Include your fee waiver request in your original letter.
What can I do if my FOIA request is denied?
For federal requests: you can appeal within the agency (administrative appeal), then petition the Office of Government Information Services (OGIS) for mediation, and ultimately sue in federal district court. For state requests: each state has its own appeal process — typically an appeal to a state agency, open government office, or through the courts. Many states' attorneys general offices have open government units that can assist.