How to Use FOIA
Practical, plain-language guidance to help you prepare a request, understand when records can be withheld, and follow up effectively.
Filing a Request in Four Steps
1. Prepare
Describe the records you want as specifically as you can — dates, topics, names, and document types help an agency find responsive records quickly.
2. Identify the Agency
FOIA requests go directly to the federal agency that holds the records. Each agency has its own FOIA office and submission instructions.
3. Submit
Send your written request to the agency's FOIA office. State whether you seek a fee waiver or expedited processing and provide contact details.
4. Follow Up
Agencies generally must respond within 20 business days. If records are withheld or no reply arrives, you may file an administrative appeal.
The Nine Exemptions
FOIA requires disclosure unless requested records fall within one of these nine narrowly construed exemptions.
Exemption 1 — National Security
Records properly classified to protect national defense or foreign policy under an executive order.
Exemption 2 — Internal Rules
Records related solely to an agency's internal personnel rules and practices.
Exemption 3 — Other Statutes
Information that another federal statute specifically prohibits from disclosure.
Exemption 4 — Trade Secrets
Trade secrets and confidential commercial or financial information obtained from a person.
Exemption 5 — Privileged Communications
Inter- and intra-agency communications protected by legal privileges such as the deliberative-process privilege.
Exemption 6 — Personal Privacy
Personnel, medical, and similar files where disclosure would be a clearly unwarranted invasion of personal privacy.
Exemption 7 — Law Enforcement
Records compiled for law enforcement purposes, to the extent disclosure would cause one of several enumerated harms.
Exemption 8 — Financial Institutions
Records related to the supervision of financial institutions.
Exemption 9 — Geological Data
Geological and geophysical information and data, including maps, concerning wells.
Key Terms
- Agency Record
- Material created or obtained by a federal agency and under its control at the time of a request.
- Expedited Processing
- Faster handling of a request when there is a compelling need, such as an urgent threat or media-related public interest.
- Redaction
- The removal or blacking-out of exempt portions of a record while releasing the remainder.
- Administrative Appeal
- A request asking an agency to review and reverse a denial or partial denial before any lawsuit.
- Fee Waiver
- A reduction or elimination of processing fees when disclosure serves the public interest and is not primarily commercial.
Frequently Asked Questions
There is no filing fee, but agencies may charge for search, review, and duplication. Many requesters qualify for reduced fees or a public-interest fee waiver, and small requests are often free.