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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.
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.
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.
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.
Any record that is created or obtained by a federal agency and under agency control when the request is received.
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.
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.
The number of requests or administrative appeals that are pending beyond the FOIA’s time period for a response.
A system (usually electronic) or tool to track and manage the workflow of individual FOIA requests.
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.
A high-level official designated within each agency who has overall responsibility for the agency’s compliance with the FOIA.
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.
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.
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 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.
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.”
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.
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).
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.
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.
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.
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.
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.
Protects information related solely to the internal personnel rules and practices of an agency.
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 incorporates into the FOIA certain nondisclosure provisions that are contained in other federal laws. These laws are referred to as “Exemption 3 statutes.”
Protects trade secrets and commercial or financial information that is obtained from outside the government and that is privileged or confidential.
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.
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.
Protects records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information:
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.
Protects geological and geophysical information and data, including maps, concerning wells.
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.
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.
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.
When a requester seeks records about themself.
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.
The person at each agency or office who can answer questions about the FOIA or a specific FOIA request.
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.
The agency FOIA public liaison is an official who supervises the FOIA requester service center.
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.
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 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.
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.
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.
When an agency discloses all records in full in response to a FOIA request.
The number of staff at a department or agency who work on FOIA full time.
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.
An institution operated solely for the purpose of conducting scientific research not intended to promote any particular product or industry.
When an agency discloses portions of the records in response to a FOIA request, but denies other portions of the request.
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.
A FOIA request that reasonably describes the records sought and is made in accordance with the agency’s FOIA regulations.
Personally Identifiable Information. Information that can be used on its own or with other information to identify a single person.
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.
Requests or appeals where the agency has completed its work and sent a final response to the requester.
The steps necessary to respond to a request, including searching for the records and reviewing them for disclosability.
A FOIA request or administrative appeal that an agency has received within a fiscal year.
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.
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.”
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.
A person or entity that has submitted a FOIA request for agency records.
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.
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.
The process of looking for and retrieving records or information responsive to a FOIA request.
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.
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:
A FOIA request that an agency anticipates will involve a small volume of material or can be processed relatively quickly.
When a requester seeks records about another person.
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.
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.
