Can I request records from a federal agency under the Freedom of Information Act?

What the Law Says

The Freedom of Information Act (FOIA) gives the public the right to request access to records from any federal agency. It is a cornerstone of government transparency in the United States.

FOIA applies to all federal executive branch agencies, departments, and offices — but not Congress, the courts, or state or local governments. Any person, including U.S. citizens, foreign nationals, organizations, and journalists, may file a FOIA request.

Agencies must disclose requested records unless they fall under one of nine specific statutory exemptions — such as national security, personal privacy, or confidential business information. Agencies are required to respond in writing and justify any denial using those exemptions.

FOIA also requires agencies to proactively publish certain categories of records online (e.g., final opinions, policy statements, administrative staff manuals) so they’re readily available without a formal request.

Statutory Text

Each agency shall make available to the public information as follows: (1) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases.

— 5 U.S.C. § 552(a)(2)(A) — Agency rulemaking and adjudication materials

Statutory Text

Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall make the records promptly available to any person.

— 5 U.S.C. § 552(a)(3)(A) — Right to request records

Statutory Text

Each agency shall determine within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request...

— 5 U.S.C. § 552(a)(6)(A)(i) — Response deadline

What to Do

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