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To request federal government records under the Freedom of Information Act (FOIA), identify the agency and component that likely hold the records, check whether the material is already public, describe existing records narrowly enough to search, and submit the request through that agency’s current instructions. Save the receipt and tracking number, plan for possible search or duplication fees, and treat the 20-working-day period as the ordinary statutory response period—not a promise that complex records will arrive by then.
This guide covers federal FOIA. State and local open-records laws use different procedures and are outside its scope.
What FOIA lets you request—and what it does not
FOIA is a way to obtain existing records held by a federal agency. You can ask for a document, email set, database extract, report, image, audio file, or other agency record and specify a preferred delivery format when one is reasonably available. The request should identify the records themselves, not ask the agency to solve a question for you.
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An agency generally does not have to answer written questions, perform research, analyze data, create a new report, or generate a record that does not already exist. Instead of writing, “Why did the agency make this decision?” ask for the records that document the decision, such as correspondence, memoranda, meeting records, or the relevant case file. The U.S. Department of Justice (DOJ) explains these limits in its FOIA Reference Guide.
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FOIA is decentralized. Each federal agency processes requests for its own records, and large departments commonly divide work among components. DOJ states: “There is no central office in the government that processes FOIA requests for all federal departments and agencies.” Its request guidance is a useful example, but DOJ portals, contacts, fees, and appeal instructions should not be assumed to apply to another agency.
Make four decisions before you write
| Decision | Practical choice | Why it matters |
|---|---|---|
| Records holder | Agency, then the component or office that created, received, or maintains the records | A request sent directly to the likely component can avoid an internal referral and may receive a quicker initial handling. |
| Scope | Specific record type, subject, date range, office, names, case numbers, or other identifiers | Boundaries help staff locate and review records; a broad request can involve more searching and review. |
| Delivery | Electronic files when available, or another format you can use | Stating a format preference tells the agency how you want responsive records delivered. |
| Fee posture | Set a dollar cap, request only what can be provided without charge where allowed, or seek a supported public-interest waiver | The agency may charge permitted search, review, or duplication costs, depending on your requester category and the agency’s rules. |
Step 1: Check whether the records are already public
Search the likely agency’s website, reading room, and FOIA library before submitting anything. DOJ directs requesters to FOIA.gov and agency FOIA libraries as starting points. Agency tools are not identical, so use the target agency’s own site for its posted records and instructions.
If the exact material is already posted, downloading the public copy is usually faster than filing a duplicate request. Save the page address and the date you accessed it if you need to document what was available.
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1Clear out junk files and repair common Windows errors2Scan for outdated or missing drivers - takes under a minute3Repair Windows errors before they cause bigger problemsStep 2: Find the agency and component that hold the records
Start with the federal agency whose work produced or received the material. Then look for the office, bureau, division, or field component that maintains it. A contract record, for example, is more likely to be held by the agency that awarded or administered the contract than by another agency that merely discussed it.
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Follow the target agency’s current FOIA contact list and submission instructions. DOJ’s DOJ guide explains component-specific routing and identifies a Mail Referral Unit for people who are unsure which DOJ component has a record. That unit is a DOJ option, not a government-wide clearinghouse.
Do not send one generic request to a supposed central federal FOIA office. There is no single office that processes every agency’s requests. If more than one agency may hold distinct records, prepare separate requests so each agency can search its own systems.
Step 3: Describe existing records with useful boundaries
Include the details that make a search possible
Identify the kind of record, the subject or project, a date range, the office that likely maintains it, and names, titles, case numbers, contract numbers, or other identifiers when known. Explain an acronym or unusual term the first time you use it. Ask for a manageable set of records rather than every document that could relate to a broad topic.
You can request electronic delivery and identify an acceptable alternative if the preferred format is unavailable. The following drafting model is help, not required statutory wording:
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I request copies of [record type] concerning [specific subject, person, project, or event], created or received between [start date] and [end date], and maintained by [office or component, if known]. Please provide the records electronically in their native format or another searchable electronic format if available. I am willing to pay up to [amount] in allowable fees; please contact me before processing would exceed that amount.Turn questions into record requests
Replace “What policy did the agency follow?” with “Records reflecting the policy in effect for [subject] between [dates], including directives, guidance, and internal memoranda.” Replace “How many cases did the agency close?” with “The database export, report, or spreadsheet showing case closures for [program] during [dates].” This asks for records that may contain the answer without requiring the agency to conduct a new analysis.
Keep the scope focused
A shorter date range, one office, a defined record type, or a known project can make the search and review more manageable. No agency promises a particular turnaround merely because a request is narrow, but clear boundaries reduce avoidable clarification exchanges and help the agency understand what would satisfy the request.
Step 4: Submit through the agency’s instructions and preserve proof
- Open the target agency’s FOIA page. Confirm whether it requires an online portal, email, postal mail, or a particular form. Use the current address and instructions rather than an old contact copied from another request.
- Identify yourself and provide reliable contact details. Include an email address or mailing address for acknowledgments, fee questions, and the final determination. If the agency asks for a specific subject line or file identifier, follow that instruction.
- Paste or attach the bounded request. Keep the record description and any fee limit in the submitted text so they are part of the official request.
- Save the submission package. Retain the final text, attachments, date and time sent, delivery confirmation, acknowledgment, tracking number, and every fee or clarification message.
DOJ says its components ordinarily acknowledge receipt and assign a tracking number. DOJ’s portal instructions for specified Office of Information Policy requests and appeals are described on Submit and Track a Request or Appeal. Other agencies may use different systems.
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Step 5: Set realistic fee expectations
Submitting a DOJ request does not require an initial filing fee, but processing can generate allowable search, review, or duplication charges. The amount and type depend on your requester category and the agency’s current rules. DOJ describes no-charge allowances for typical requesters and procedures for notifying a requester when estimated fees pass a threshold in its Reference Guide.
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Choose a fee position in the request
- Fee cap: State the maximum you will pay and require notice before the agency exceeds it. This is the clearest way to control an uncertain cost.
- Limited-cost request: Ask the agency to process only what can be provided without charge where its rules allow, or to stop and contact you if fees would apply.
- Fee-waiver request: Explain why disclosure is likely to contribute significantly to public understanding of government operations or activities and why disclosure is not primarily in your commercial interest.
Inability to pay alone is not the legal basis for a public-interest waiver, and a request for your own records ordinarily does not satisfy that public-interest test. A waiver is not automatic; provide concrete facts about the audience, the information you will make available, and how disclosure would add to public understanding. DOJ’s guidance does not promise approval.
Step 6: Track the request and understand the 20-working-day period
FOIA’s ordinary statutory response period is 20 working days. That is the period for the agency’s determination under the statute, not a guarantee that every responsive page will be delivered within 20 working days. DOJ explains that the volume and complexity of records, pending workload, consultation with other offices, and other processing demands can extend the real timetable.
If the agency needs clarification, estimates fees, proposes a narrower scope, or offers a different timetable, answer promptly and keep the correspondence. A narrower description or staged production may be more useful than leaving an unclear request unresolved. The agency’s FOIA Public Liaison or requester-service contact can explain status and scope options; use the contact listed by that agency.
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Do not apply a temporary event-specific rule as a permanent calendar formula. For example, DOJ issued guidance on November 18, 2025 explaining how agencies should calculate statutory days after the 2025 lapse in appropriations. That guidance is tied to that event; future shutdowns or unusual closures may be governed by different instructions. See DOJ’s shutdown response-time guidance for that dated example.
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Step 7: Read the determination carefully
A written response may release all requested records, release records with portions withheld, refer or redirect part of the request, or make another adverse determination. A partial release should identify the portions withheld and the legal exemptions the agency relied on. Keep the letter and its date because appeal deadlines run from the determination.
DOJ explains that appealable issues can include the scope of the search, whether records exist, the format supplied, and fees—not only a complete denial. Compare the response with each part of your request and note which items were released, withheld, referred, or described as not located.
Appealing an adverse DOJ response
Administrative appeal
For a DOJ request, follow the component’s response letter and OIP instructions. DOJ’s current appeal guidance generally requires an administrative appeal to be postmarked or transmitted within 90 calendar days after the component’s response. Appeals can be submitted through FOIA STAR or by mail as described on DOJ’s submission page. Include the request, tracking number, response letter, and a focused explanation of what you challenge.
The 90-day period is DOJ guidance. Another federal agency may set a different deadline, destination, portal, or required format, so verify the target agency’s appeal instructions instead of sending every appeal to DOJ’s system.
Mediation and court review
DOJ identifies mediation through the Office of Government Information Services (OGIS) as an alternative to litigation. Mediation can help clarify a disputed search, scope, or withholding, but it does not replace the agency’s own appeal rules. A requester may also seek federal court review. Ordinarily, complete the required administrative appeal before filing suit so the agency has an opportunity to reconsider its determination.
Common problems and practical fixes
- The request went to the wrong office. Check which agency created or maintains the records, then use that agency’s component directory. If necessary, submit a new, correctly routed request and reference the earlier submission.
- The agency asks what you mean. Answer with a narrower date range, office, record type, or identifier. Do not respond with a new set of questions; clarify the records you want.
- The request is too broad. Offer a first tranche, such as one project, one custodian, or one year, and ask whether a staged search is possible.
- You receive a fee estimate. Compare it with your stated cap. Accept, narrow the scope, or ask the agency to stop before exceeding the amount you authorized.
- No acknowledgment arrives. Recheck the submission method and delivery proof, then contact the agency’s listed FOIA office with the sent date and a copy of the request.
- Records are partially withheld. Read the exemption explanation, identify the exact pages or passages at issue, and preserve the deadline and method for an administrative appeal.
- The response says no records were located. Review your description for alternate names, date ranges, and components, then use the appeal or requester-service route identified by the agency.
A complete request example
This example asks for identifiable records, sets boundaries, requests an electronic format, and establishes a fee ceiling without asking the agency to explain or analyze anything:
Subject: FOIA request — inspection reports for [facility] — [date range]Under the Freedom of Information Act, I request copies of inspection reports, inspection photographs, notices of violation, and related correspondence concerning [facility or project], created or received from [start date] through [end date] and maintained by [agency component, if known]. Please search records associated with [names, case number, permit number, or other identifier]. Please provide responsive records electronically in a searchable format if available. I am willing to pay up to [amount] in allowable fees. Please notify me before processing would exceed that amount. If any portion is withheld, please release all reasonably segregable portions and identify the exemption used for each withholding.Adapt the record types and identifiers to the agency’s vocabulary. Do not include a bracketed placeholder in the request you actually submit; replace each one with a real fact or remove it.
Quick Recap
Final submission checklist
- Have you searched the agency website, reading room, and FOIA library?
- Did you identify the federal agency and the component most likely to hold the records?
- Does the request describe existing records rather than ask questions or demand new analysis?
- Did you include record types, subjects, dates, offices, and identifiers that make a search possible?
- Did you state your preferred electronic format?
- Did you set a fee cap or provide a fact-based fee-waiver explanation if appropriate?
- Did you use the target agency’s current portal, email, or mailing instructions?
- Did you save the request, receipt, tracking number, and all correspondence?
- When a response arrives, did you record the determination date and any appeal deadline?
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