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FOIA.GOV

Thank you for visiting FOIA.gov, the government’s central website for FOIA.
We’ll continue to make improvements to the site and look forward to your input.
Please submit feedback to National.FOIAPortal@usdoj.gov.

 * Learn about FOIA
   * What is FOIA?
   * How to make a FOIA request
   * Frequently asked questions
   * Freedom of Information Act Statute
   * FOIA en Español
 * Before you request
   * Search government websites
   * Research
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 * Search tool
   * Use our search tool
   * How it works
 * Create a request
 * Agency FOIA data
   * Overview
   * Annual data
   * Quarterly data
 * CFO Council
   * Overview and Meetings
   * Technology Committee
   * Committee On Cross-Agency Collaboration and Innovation

 * Agency login




THE BASIC FUNCTION OF THE FREEDOM OF INFORMATION ACT IS TO ENSURE INFORMED
CITIZENS, VITAL TO THE FUNCTIONING OF A DEMOCRATIC SOCIETY.

This site can help you determine if filing a FOIA request is the best option for
you and help you create your request when you’re ready.


START YOUR FOIA JOURNEY

Learn about the FOIA process Use our search tool to find public records or the
correct agency Start a request with a specific agency


DO RESEARCH AND DETERMINE IF YOU NEED TO MAKE A FOIA REQUEST, THEN GET READY.

 * DO RESEARCH BEFORE YOU REQUEST
   
   Before making a request, first see if the information is already publicly
   available. You can find a lot of useful information on individual agency
   websites and you can also search across the government for information.
   
   If the information you want is not publicly available, you can submit a FOIA
   request.

 * IDENTIFY THE RIGHT AGENCY
   
   It’s important that you identify the correct agency for your request. There
   are over 100 agencies and each is responsible for handling its own FOIA
   requests. You can use our search tool to help you identify the correct place
   to find the information you seek. You may also search for a specific agency
   here.

 * WHAT HAPPENS NEXT
   
   The agency will typically first search for the records and then review them
   to determine what can be disclosed. While FOIA allows for many records to be
   released, there are also nine exemptions that protect certain types of
   information, such as personal privacy and law enforcement interests. The
   length of time to respond to your request will vary depending on its
   complexity and any backlog of requests.


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Glossary
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GLOSSARY

Filter glossary terms
 * Administrative FOIA appeal
   
   An independent review of the initial determination made in response to a FOIA
   request. Requesters who are dissatisfied with the response to their initial
   request can appeal that response to an office within the agency that will
   then independently review the agency’s action.

 * Agency
   
   The FOIA applies to federal agencies, which are defined as any executive
   department, military department, Government corporation, Government
   controlled corporation, or other establishment in the executive branch of the
   Government (including certain offices in the Executive Office of the
   President), or any independent regulatory agency. The FOIA does not apply to
   the Judicial Branch (Courts) or the Legislative Branch (Congress). It also
   does not apply to state and local governments. Before making a request, it’s
   important that you identify the correct agency where your request should be
   sent. The FOIA is administered on a decentralized basis, meaning each of over
   100 agencies is responsible for receiving, processing, and responding to its
   own FOIA requests. The resources on this website are designed to assist you
   in this process.

 * Agency component
   
   For agencies that process requests on a decentralized basis, a “component” is
   an entity, also sometimes referred to as an Office, Division, Bureau, Center,
   or Directorate, within the agency that processes FOIA requests.

 * Agency record
   
   Any record that is created or obtained by a federal agency and under agency
   control when the request is received.

 * Annual FOIA Report
   
   A report that federal agencies must file each year detailing their
   administration of the FOIA. Annual FOIA Reports contain statistics on the
   number of FOIA requests and appeals received, processed, and pending at each
   agency. All of the data from agency Annual FOIA Reports can be found on the
   “Reports” section of FOIA.gov where it can be easily reviewed, sorted, and
   compared by agency and over time.

 * Annual FOIA Report Handbook
   
   A comprehensive handbook (PDF) published by the Department of Justice that
   includes all of the legal, procedural, and technical requirements for agency
   Annual FOIA Reports. The Handbook contains definitions for each reporting
   metric found on FOIA.gov.

 * Backlog
   
   The number of requests or administrative appeals that are pending beyond the
   FOIA’s time period for a response.

 * Case management system
   
   A system (usually electronic) or tool to track and manage the workflow of
   individual FOIA requests.

 * Certification of identity
   
   To ensure that one person’s records are not improperly disclosed to another
   person, individuals requesting records on themselves may be asked to certify
   their identity by signing a sworn statement confirming that they are who they
   say they are.

 * Chief FOIA officer
   
   A high-level official designated within each agency who has overall
   responsibility for the agency’s compliance with the FOIA.

 * Chief FOIA Officer Report
   
   A report agencies must file each year with the Department of Justice
   detailing each agency’s progress in improving transparency and compliance
   with the FOIA.

 * Commercial-use requester
   
   A request made by or on behalf of someone who seeks information for a use or
   purpose that furthers the commercial, trade, or profit interests of the
   requester.

 * Compelling need
   
   A requester may qualify for expedited processing of their FOIA request if
   they can demonstrate a “compelling need” for the records. A “compelling need”
   can be shown by: (1) establishing that the failure to obtain the records on
   an expedited basis “could reasonably be expected to pose an imminent threat
   to the life or physical safety of an individual;” or, (2) if the requester is
   a “person primarily engaged in disseminating information,” by demonstrating
   that there exists an “urgency to inform the public concerning actual or
   alleged Federal Government activity.” Agencies may also establish additional
   standards for granting expedited processing, which they describe in their
   FOIA regulations.

 * Complex request
   
   Complex requests typically seek a high volume of material or require
   additional steps to process, such as the need to search for records in
   multiple locations.

 * Consultation
   
   When an agency locates a record that contains information of interest to
   another agency, it will ask that other agency for its views on the
   disclosablity of the records before making a final determination. This
   process is called a “consultation.”

 * Decentralized agencies or decentralized FOIA process
   
   When an agency is separated into components or offices that each receive and
   respond to FOIA requests for their own records, the FOIA process is called
   “decentralized.” Most large federal agencies have a decentralized FOIA
   process, where requesters send their requests directly to the component or
   office of the agency that maintains the records they seek, and that component
   handles the request.

 * Disclosability
   
   Prior to responding to your request, the agency will review the records to
   make disclosure decisions. The FOIA provides broad access to agency records,
   but not all information is appropriate for disclosure. Agencies will only
   withhold information that falls within one of the nine exemptions that
   protect for example, personal privacy and law enforcement interests. If
   information is withheld, the agency will identify the applicable
   exemption(s).

 * Duplication fees
   
   The cost for reproducing a copy of a record in order to respond to a FOIA
   request. Copies can take the form of paper, audiovisual materials, or
   electronic records, among others. With the exception of commercial-use
   requests, the first 100 pages of duplication are free.

 * Educational institutions
   
   Any school that operates a program of scholarly research. A requester in this
   fee category must show that the request is made in connection with the
   requester’s role at the educational institution.

 * Equivalent full-time FOIA employees
   
   An “equivalent full-time FOIA employee” is created by adding together the
   percentages of time dedicated to FOIA duties by employees performing less
   than full-time FOIA work.

 * Exclusions
   
   Congress excluded from the FOIA’s requirements three narrowly defined
   categories of law enforcement records where publicly acknowledging the
   existence of the records could cause harm to law enforcement or national
   security interests. The first exclusion protects against disclosure of a
   pending criminal law enforcement investigation where there is reason to
   believe that the target is unaware of the investigation and disclosure of its
   existence could reasonably be expected to interfere with enforcement
   proceedings. The second exclusion, which applies only to records maintained
   by criminal law enforcement agencies, protects against disclosure of
   unacknowledged, confidential informants. The third exclusion, which applies
   only to the FBI, protects against disclosure of foreign intelligence or
   counterintelligence, or international terrorism records, when the existence
   of those records is classified. Records falling within an exclusion are not
   subject to the requirements of the FOIA.

 * Exemption 1
   
   Protects information that is properly classified under criteria established
   by an Executive Order to be kept secret in the interest of national defense
   or foreign policy.

 * Exemption 2
   
   Protects information related solely to the internal personnel rules and
   practices of an agency.

 * Exemption 3
   
   Protects information specifically exempted from disclosure by another
   statute, if that statute either: (1) requires that the matters be withheld
   from the public in such a manner as to leave no discretion on the issue; or
   (2) establishes particular criteria for withholding or refers to particular
   types of matters to be withheld. An Exemption 3 statute must also cite
   specifically to subsection (b)(3) of the FOIA if enacted after October 28,
   2009.

 * Exemption 3 statute
   
   Exemption 3 incorporates into the FOIA certain nondisclosure provisions that
   are contained in other federal laws. These laws are referred to as “Exemption
   3 statutes.”

 * Exemption 4
   
   Protects trade secrets and commercial or financial information that is
   obtained from outside the government and that is privileged or confidential.

 * Exemption 5
   
   Protects certain records exchanged within or between agencies that are
   normally privileged in the civil discovery context, such as records protected
   by the deliberative process privilege (provided the records are less than 25
   years old), attorney work-product privilege, or attorney client privilege.

 * Exemption 6
   
   Protects information about individuals in personnel and medical files and
   similar files when the disclosure of that information would constitute a
   clearly unwarranted invasion of personal privacy.

 * Exemption 7 (A-F)
   
   Protects records or information compiled for law enforcement purposes, but
   only to the extent that the production of such law enforcement records or
   information:
   
    * (A) could reasonably be expected to interfere with enforcement
      proceedings;
    * (B) would deprive a person of a right to a fair trial or an impartial
      adjudication;
    * (C) could reasonably be expected to constitute an unwarranted invasion of
      personal privacy;
    * (D) could reasonably be expected to disclose the identity of a
      confidential source, including a state, local, or foreign agency or
      authority or any private institution which furnished information on a
      confidential basis. In the case of a record or information compiled by a
      criminal law enforcement authority in the course of a criminal
      investigation or by an agency conducting a lawful national security
      intelligence investigation, it also protects information furnished by the
      confidential source;
    * (E) would disclose techniques and procedures for law enforcement
      investigations or prosecutions, or would disclose guidelines for law
      enforcement investigations or prosecutions if such disclosure could
      reasonably be expected to risk circumvention of the law;
    * (F) could reasonably be expected to endanger the life or physical safety
      of any individual.

 * Exemption 8
   
   Protects information contained in or related to examination, operating, or
   condition reports prepared by, on behalf of, or for the use of, an agency
   responsible for the regulation or supervision of financial institutions.

 * Exemption 9
   
   Protects geological and geophysical information and data, including maps,
   concerning wells.

 * Exemptions
   
   Congress established nine categories of information that are not required to
   be released in response to a FOIA request because release would be harmful to
   a governmental or private interest. These categories are called “exemptions”
   from disclosure and protect for example, personal privacy, privileged
   communications, and law enforcement interests.
   
    * Exemption 1
    * Exemption 2
    * Exemption 3
    * Exemption 4
    * Exemption 5
    * Exemption 6
    * Exemption 7 (A-F)
    * Exemption 8
    * Exemption 9

 * Expedited processing
   
   Agencies generally process requests on a first-in, first-out basis. Most
   agencies also utilize separate tracks to process simple and complex requests.
   Under certain circumstances, your request may qualify for placement into a
   separate, expedited track where the agency will process it as soon as
   practicable. The standards for expedited processing are set out in the FOIA
   and in the regulations of each federal agency. Under the FOIA, a requester
   may qualify for expedited processing if they can demonstrate a “compelling
   need” for the records. A “compelling need” can be shown by: (1) establishing
   that the failure to obtain the records on an expedited basis “could
   reasonably be expected to pose an imminent threat to the life or physical
   safety of an individual;” or, (2) if the requester is a “person primarily
   engaged in disseminating information,” by demonstrating that there exists an
   “urgency to inform the public concerning actual or alleged Federal Government
   activity.” Agencies may also establish additional standards for granting
   expedited processing, which they describe in their FOIA regulations.
   Requesters must demonstrate how they meet one of the standards in order to
   have their request processed on an expedited basis.

 * Fee waiver
   
   Most FOIA requests do not involve any fees. However, if an agency informs you
   that there are fees associated with your request, you may request a fee
   waiver under the standard provided in the FOIA. You may request a fee waiver
   at any time during the processing of your request. The agency will grant a
   fee waiver when disclosure of the requested information is in the public
   interest because it is likely to contribute significantly to public
   understanding of the operations and activities of the government and is not
   primarily in the commercial interest of the requester. Requests for fee
   waivers from individuals who are seeking records pertaining to themselves
   usually do not meet this standard. Additionally, a requester’s inability to
   pay fees is not a legal basis for granting a fee waiver. When making a
   request for a fee waiver you must explain how your request meets the standard
   described above.

 * First-party request
   
   When a requester seeks records about themself.

 * FOIA
   
   Since 1967 the Freedom of Information Act (FOIA) has provided the public with
   access to federal agency records. It is often described as the law that keeps
   citizens “in the know” about their government. The FOIA requires agencies to
   proactively post online certain categories of records and it provides the
   public with the right to request access to records from any federal agency.
   For any record subject to the FOIA, federal agencies are required to disclose
   the record except to the extent that it contains information that is
   protected from disclosure by one of the FOIA’s nine exemptions that protect
   interests such as personal privacy, national security, and law enforcement.

 * FOIA contact
   
   The person at each agency or office who can answer questions about the FOIA
   or a specific FOIA request.

 * FOIA Library
   
   A webpage (sometimes called an “electronic reading room”), typically on the
   agency’s FOIA website, where certain categories of records are proactively
   disclosed. These FOIA libraries contain operational documents about the
   agency and records that have been frequently requested under the FOIA. Links
   to each agency’s FOIA Library are available on FOIA.gov when you select that
   agency.

 * FOIA public liaison
   
   The agency FOIA public liaison is an official who supervises the FOIA
   requester service center.

 * FOIA request
   
   A request submitted to a federal agency asking for agency records on any
   topic. A FOIA request can generally be made by any person and to any federal
   agency.

 * FOIA requester service center
   
   The primary contact at each agency where you can call and ask questions about
   the FOIA process or your pending FOIA request, including the status of your
   request.

 * FOIA.gov
   
   FOIA.gov is the government’s comprehensive website about the FOIA. Among many
   other features, FOIA.gov provides a central resource for the public to learn
   about the FOIA, to locate records that are already available online, and to
   make a request for information that is not yet publicly available. Requesters
   can make a request to any agency subject to the FOIA using FOIA.gov. FOIA.gov
   also promotes agency accountability for the administration of the FOIA by
   graphically displaying the detailed statistics contained in agency Annual
   FOIA Reports, so that they can be compared by agency and over time.

 * Frequently requested records
   
   Records released in response to a FOIA request that the agency determines
   have become or are likely to become the subject of subsequent requests for
   substantially the same records. Agencies proactively post online any
   releasable records that have been requested three or more times.

 * Full denial
   
   When an agency cannot release any records in response to a FOIA request,
   because, for example, the requested information is exempt from disclosure in
   its entirety or no records responsive to the request could be located.

 * Full grant
   
   When an agency discloses all records in full in response to a FOIA request.

 * Full-time FOIA employees
   
   The number of staff at a department or agency who work on FOIA full time.

 * Multi-track processing
   
   A system that divides incoming FOIA requests according to their complexity so
   that simple requests requiring relatively minimal search and review are
   placed in one processing track and more complex requests are placed in one or
   more other tracks. Requests granted expedited processing are placed into
   their own track. Requests in each track are generally processed on a first
   in/first out basis.

 * Noncommercial scientific institution
   
   An institution operated solely for the purpose of conducting scientific
   research not intended to promote any particular product or industry.

 * Partial grant/partial denial
   
   When an agency discloses portions of the records in response to a FOIA
   request, but denies other portions of the request.

 * Pending request or pending appeal
   
   A FOIA request or administrative appeal for which an agency has not yet
   provided its final response. This differs from a backlogged request or appeal
   because it captures everything that is open at a given time.

 * Perfected request
   
   A FOIA request that reasonably describes the records sought and is made in
   accordance with the agency’s FOIA regulations.

 * PII
   
   Personally Identifiable Information. Information that can be used on its own
   or with other information to identify a single person.

 * Proactive disclosures
   
   Records that agencies make publicly available without waiting for a specific
   FOIA request. Agencies post on their websites a vast amount of material
   concerning their functions and mission. The FOIA itself requires agencies to
   proactively post certain categories of information, including final opinions
   and orders, specific policy statements, certain administrative staff manuals,
   and frequently requested records.

 * Processed request or processed appeal
   
   Requests or appeals where the agency has completed its work and sent a final
   response to the requester.

 * Processing
   
   The steps necessary to respond to a request, including searching for the
   records and reviewing them for disclosability.

 * Received request or received appeal
   
   A FOIA request or administrative appeal that an agency has received within a
   fiscal year.

 * Redaction
   
   When agencies review records for disclosability, they may protect information
   that falls within one of the FOIA’s nine exemptions. This is typically done
   by “blacking out” or placing a box over the protected information with a
   citation to the applicable exemption marked on the document.

 * Referral
   
   When an agency locates a record that originated with or is otherwise of
   primary interest to another agency, it will forward that record to the other
   agency to process. That agency will then provide the final determination
   directly to the requester. This process is called a “referral.”

 * Representative of the news media
   
   Any person or entity that gathers information of potential interest to a
   segment of the public, uses its editorial skills to turn the raw materials
   into a distinct work, and distributes that work to an audience.

 * Requester
   
   A person or entity that has submitted a FOIA request for agency records.

 * Requester category
   
   For fee purposes, the FOIA separates requesters into three categories: (1)
   commercial-use requesters; (2) representatives of the news media,
   non-commercial scientific institutions, and educational institutions; and (3)
   all other requesters. Commercial-use requesters can be charged for search,
   review, and duplication. Representatives of the news media, non-commercial
   scientific institutions, and educational institutions are only charged for
   duplication, with the first 100 pages provided at no charge. All other
   requesters are charged for search time and duplication, with the first two
   hours of search time and 100 pages of duplication provided at no charge.

 * Review fees
   
   Fees associated with the time needed to review material to determine if it
   can be released, and all that is necessary to prepare material for release.
   Only “commercial use” requesters are charged review fees.

 * Search
   
   The process of looking for and retrieving records or information responsive
   to a FOIA request.

 * Search fees
   
   Fees associated with the time spent searching for and retrieving records or
   information responsive to a request. Representatives of the news media,
   non-commercial scientific institutions, and educational institutions are not
   charged search fees. With the exception of commercial-use requesters, all
   other requesters are provided the first two hours of search time for free.

 * Simple and complex requests
   
   Many agencies classify FOIA requests as either simple or complex in order to
   more efficiently process them and respond to you through separate queues.
   Agencies place requests in these tracks based on the amount of work or time
   involved in processing the request. The factors that make a request complex
   may differ from agency to agency, but you can reach out to FOIA personnel at
   the agency to learn how your request might be classified. You can find the
   agency’s average processing times on FOIA.gov when you select an agency. By
   tailoring your request to fit within an agency’s simple track you will be
   able to get a quicker response from the agency.
   Examples of factors that determine whether your request is complex or simple
   include:
   
    * The records requested are voluminous;
    * Separate offices or locations must be searched in order to locate the
      records;
    * The records require consultations with other agencies or multiple
      components within an agency. Agencies engage in consultations when the
      records involve (or have the equities of) other agencies or agency
      components;
    * The records require consultation with an entity outside the government
      because they contain that entity’s commercial or financial information.

 * Simple request
   
   A FOIA request that an agency anticipates will involve a small volume of
   material or can be processed relatively quickly.

 * Third party request
   
   When a requester seeks records about another person.

 * Total number of full-time FOIA staff
   
   The total number of staff at an agency who work on FOIA either full- or
   part-time. This figure is created by adding together the number of full-time
   FOIA employees and equivalent full-time FOIA employees.

 * Unusual circumstances
   
   When a FOIA request presents “unusual circumstances” as defined by the FOIA,
   the agency can extend the 20 working-day response time. Unusual circumstances
   occur when: (1) the agency needs to search for and collect the requested
   records from field facilities or other establishments that are separate from
   the office processing the request; (2) the agency needs to search for,
   collect, and appropriately examine a voluminous amount of separate and
   distinct records that are sought in a single request; or (3) the agency needs
   to consult with another agency or two or more components within its own
   agency.