Instructions for Filing Freedom of Information Act (FOIA) Requests

1. Determine What Records You Need

What constitutes a record?

Generally, an item in custody or control of a federal agency is considered a record (see suggested resources for a more detailed definition of “public record”). The form of the record does not matter; it can be a printed or typed document, photograph, tape recording, map, or computer disk. When filing the request, describe to the best of your ability the document you are seeking. If you want a specific report or data, it helps if you can cite the agency’s exact title or wording in your request. Specificity also may help save you money because most agencies will charge fees for processing the request. Depending on the nature of your work, you might be eligible for fee waivers (see sample request letter).

Additionally, agencies are required to publish or provide for public inspection certain types of information about their services. This includes descriptions of organization and operations of the agency and contact information, such as office addresses. An agency must make available final opinions from adjudication of cases as well as administrative staff manuals affecting the public. The FOIA also requires agencies to make available their responses online.

2. Identify the Agency that has the Records

There is no central government records office that processes FOIA requests. You must address a FOIA request to a specific agency. If you are unsure which agency has the records, you can make FOIA requests to more than one agency.

3. Compose the Letter

Most agencies will require a written FOIA request. The letter can be simple, as long as it contains the necessary information.

• Address the request letter to the agency’s FOI Officer.
• In the letter, state that the request is being made under the Freedom of Information Act (5 U.S.C. Section 552). If you are requesting personal files, cite the Privacy Act (5 U.S.C. Section 552a).
• In the letter, reasonably describe the records you need. If you are requesting records in a form other than paper, describe how you would like to receive the information.
• Include a statement about the fees, either your request for a fee waiver or your agreement to pay the necessary costs.
• Remind the agency of the time limits on your request. The FOIA requires a response within 20 working days.
• Include your name and postal and e-mail addresses in the request, so the agency can contact you with questions regarding the letter, if necessary.
• Write “Freedom of Information Act Request” on the outside of the envelope containing the letter, in the bottom left-hand corner.
• Keep copies of your request letter and related correspondence until you receive the information.
• Once your request has a FOIA ID number, refer to it in all future correspondence.

4. Follow up Your Filing

After allowing time for your request to arrive, telephone the agency’s FOI Officer to be certain it was received. Ask to speak directly with the officer processing your request. Your request may be denied entirely or in part, but the agency is required to explain the reasons for denial. You have the right to appeal any denials to the head of the agency and, if necessary, beyond that through the U.S. court system