Freedom of Information Act (FOIA) Requests
What Is It?
The Freedom of Information Act gives any person — not just U.S. citizens — the legal right to request access to records from any federal government agency. Agencies are required to disclose records unless they fall under one of nine specific exemptions (such as classified national security information or personal privacy). Despite this, most people have never filed a FOIA request, and many pay third-party companies for information that they could get directly from the government for free or at minimal cost.
How It Works
- Identify the agency that has the records you want. Think about which federal agency would logically possess the information. For example: FDA for food/drug safety records, EPA for environmental data, FBI for investigative records, OSHA for workplace safety inspections, SEC for company filings, etc.
- Submit a FOIA request. Most agencies accept requests online through their FOIA portals. You can also send a written request by mail or email. Your request should reasonably describe the records you’re seeking — you don’t need to know exact file names.
- Wait for a response. Agencies are required to respond within 20 business days, though complex requests may take longer. You can request expedited processing if you can demonstrate a “compelling need.”
- Receive the records. The agency will provide the records, potentially with some redactions under the applicable exemptions. If your request is denied, you have the right to appeal within the agency and then to federal court.
- Fees are minimal or waivable. Agencies can charge for search and duplication costs, but fees are often waived or reduced for individuals (as opposed to commercial requesters). The first 100 pages of duplication and two hours of search time are free for non-commercial requesters.
What Most People Don’t Know
- Anyone can file — no citizenship required. FOIA applies to “any person,” including non-citizens, foreign nationals, organizations, and businesses.
- Third parties sell FOIA-obtained information at a markup. Many background check services, data brokers, and research companies obtain records via FOIA and then sell them. You can often get the same records for free.
- State equivalents exist. Every state has its own open records or “sunshine” law (e.g., Texas Public Information Act, California Public Records Act, New York FOIL). These often cover state and local government records including police reports, government contracts, public employee salaries, and more.
- You can request records about yourself. Under FOIA and the Privacy Act (5 U.S.C. § 552a), you can request any records the federal government holds about you personally — including FBI files, immigration records, and more.
- Denials are often overturned on appeal. Agencies sometimes over-redact or improperly withhold records. Administrative appeals and litigation frequently result in additional disclosures.
Who Benefits Most?
Journalists, researchers, small business owners seeking government contract information, individuals wanting their own government records, anyone dealing with a federal agency, and people who currently pay third-party services for information that originates from government records.
Legal Basis
- Freedom of Information Act (FOIA) — 5 U.S.C. § 552, originally enacted in 1966 and amended multiple times since.
- 5 U.S.C. § 552(a)(3) — The core provision requiring agencies to make records available to any person upon request.
- 5 U.S.C. § 552(a)(6)(A) — The 20-business-day response deadline.
- 5 U.S.C. § 552(b) — The nine exemptions that allow agencies to withhold certain categories of information.
- Privacy Act of 1974 — 5 U.S.C. § 552a, which governs access to records about oneself held by federal agencies.