What Is the Federal FOIA?
The Freedom of Information Act (5 U.S.C. § 552), enacted in 1966 and significantly strengthened in 1974 and 1996, gives any person the right to request access to records held by federal executive branch agencies. This includes the FBI, DEA, EPA, DHS, DOJ, IRS, and hundreds of other federal departments, bureaus, and agencies.
The federal FOIA applies only to the executive branch. Congress, the federal courts, and the President's immediate staff are generally not subject to FOIA. State and local government records are governed by state open records laws — see our State-by-State Guides.
Which Agency to Contact
Each federal agency has its own FOIA office and handles its own requests. You must identify the specific agency that would hold the records you want:
- FBI records → FBI FOIA/Privacy Unit
- Immigration records (ICE, CBP) → DHS FOIA Office or specific component
- Environmental records → EPA FOIA Office
- Tax records (your own) → IRS Disclosure Office
- Military service records → National Personnel Records Center (NPRC)
- DEA records → DEA FOIA/Privacy Office
- State Dept. records → State Department Office of Information Programs
Use FOIA.gov to find the right agency and submit directly through the agency's online portal — this is the fastest and most reliable method.
Federal FOIA Timeline
Federal agencies must respond within 20 business days. However, federal FOIA responses are notoriously backlogged — many agencies take months or years for complex requests. Strategies to get faster responses:
- Request expedited processing — If you have an urgent, compelling need (threat to life, breaking news story of public urgency), you can request expedited processing. The agency must decide on your expediting request within 10 days.
- Use the simple track — If your request is for a small number of documents or clearly limited in scope, it may be routed to a "simple" or "fast track" lane with a shorter queue.
- Be hyper-specific — Broad requests ("all records about climate change") go to the complex track and take years. A specific request ("the final version of EPA memo dated March 14, 2024 from the Office of Air Quality re: particulate standards review") can often be handled quickly.
Federal FOIA Fee Categories
Federal FOIA fees depend on your requester category:
| Requester Category | Search Fees | Duplication Fees | Review Fees |
|---|---|---|---|
| Commercial use | Charged | Charged | Charged |
| News media / educational | Not charged | First 100 pages free | Not charged |
| Other (general public) | First 2 hours free | First 100 pages free | Not charged |
All requester categories receive a fee waiver if disclosure primarily benefits the general public and the requester has no commercial interest in the information.
If Your Federal FOIA Request Is Denied
You have 90 days to file an administrative appeal with the agency's FOIA Appeals Office. The agency must respond to your appeal within 20 business days. If the appeal is denied, you can file suit in federal district court. The Office of Government Information Services (OGIS) also offers free mediation services as an alternative to litigation.