The Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. A FOIA request can be made for any agency record. It is the federal equivalent to the California Public Records Act (PRA) request.
Like the PRA, the FOIA is the law that gives you the right to access information from the federal government. It is often described as the law that keeps citizens in the know about their government. Under the FOIA, agencies must disclose any information that is requested. The Executive Branch, led by the President, that is responsible for the administration of the FOIA across the government. The Department of Justice’s Office of Information Policy oversees agency compliance with these directives and encourages all agencies to fully comply with both the letter and the spirit of the FOIA.
To get information under the FOIA, typically you must make a “FOIA request.” This is a written request in which you describe the information you want, and the format you want it in, in as much detail as possible. You should be aware that the FOIA does not require agencies to do research for you, analyze data, answer written questions, or create records in response to your request.
There is no specific form that must be used to make a request. The request simply must be in writing, reasonably describe the information you seek, and comply with specific agency requirements. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax. See the list for federal agencies for details about the methods of making a request at each agency and any specific requirements for seeking certain records.
The time it takes to respond to each request varies depending on the complexity of the request itself and the backlog of requests already pending at the agency. In some circumstances, the agency will be able to respond to the request within the standard time limit established by the FOIA – approximately one month. In other instances more time may be needed before the request can be completed. When an agency requires an extension of time, it will notify you in writing and provide you with an opportunity to modify or limit the scope of your request. Alternatively, you may agree to a different timetable for the processing of your request.