How FOIA requests work at the federal level and what agencies can withhold

What to take away

• FOIA requests federal agencies must follow a defined process: file with the right component, track the twenty-working-day clock, and appeal any withholding.
• Nine statutory exemptions let agencies withhold records, but most withholdings are discretionary and must be justified.
• Fees fall into three categories, and you can request a public interest waiver or expedited processing.
• Appeals go to the agency's appeal authority, often the Office of Information Policy at the Justice Department for many components.
• Annual FOIA reports show exactly how many requests each agency processed and how many records it withheld.
• NARA handles archival records differently because the FOIA applies only after records become archival.

Where a federal FOIA request actually goes, from agency components to the FBI and EPA

A federal FOIA request does not go to the agency as a whole. It goes to the component that holds the records. The FBI, for example, has its own FOIA office. The EPA has a national FOIA office plus regional offices. Getting this wrong is the most common reason requests are delayed or closed.

The Freedom of Information Act applies to executive branch agencies, independent regulatory commissions like the FTC, SEC, and FCC, and government corporations. It does not apply to Congress, the federal courts, or state governments. That means a request for Supreme Court records falls outside FOIA, though the Court may release some documents through other channels.

When you file, you can use FOIA.gov's centralized portal or an agency's own online form. The portal routes your request to the right component if you identify it. If you are unsure, check the agency's FOIA library and its annual report. Finding the right custodian is the first step.

For the FBI, requests go to the Record/Information Dissemination Section. For the EPA, the National FOIA Office handles headquarters records, while regional offices handle their own. The Census Bureau and the Bureau of Labor Statistics have their own FOIA offices. Each publishes a FOIA reference guide.

A request must reasonably describe the records and comply with agency regulations. You do not have to cite FOIA, but it helps. You should state your fee category and whether you want expedited processing. Vague requests like "all documents about X" invite delays.

Agencies may search only the systems you identify. If you ask for emails, specify custodians and date ranges. If you ask for investigative files, name the subjects. The FBI, for instance, will not search its entire Central Records System for a broad topic without limits.

Once a component receives your request, it assigns a tracking number. You can check status online. If the component is wrong, it should route your request to the right one and tell you. That routing can add weeks. To avoid it, use the agency's FOIA website to identify the correct office before you file.

Some agencies have multiple components that each handle their own FOIA requests. The Department of Justice, for example, has more than 40 components. The FBI is one. The Office of Information Policy is another, but it handles policy and appeals, not initial requests for most components. Filing with the wrong DOJ component can cost you a month.

The EPA's structure is similar. Its ten regional offices process requests for their regions. If you want records about a Superfund site in California, file with Region 9. If you want national policy records, file with headquarters. The agency's FOIA website lists contacts for each region.

For journalists and researchers, the lesson is simple: identify the component before you write. A request to the wrong office is not a denial, but it wastes time. It also restarts the twenty-day clock in some cases. The FOIA.gov how-to page walks through this step by step.

Here is the basic sequence most requesters follow:

1. Identify the component that holds the records.
2. Draft a request that reasonably describes the records and states your fee category.
3. File through FOIA.gov or the agency's own portal.
4. Keep the tracking number and calendar the twenty-working-day mark.
5. Follow up in writing if you hear nothing.

The nine statutory exemptions and how agencies apply them in practice

The Freedom of Information Act contains nine exemptions. They are listed in the statute at 5 U.S.C. 552(b). An agency may withhold records under one or more. The exemptions are discretionary in most cases, meaning the agency can release even if an exemption applies. But some, like Exemption 3, are mandatory when another statute prohibits disclosure.

Exemption 1 covers classified national security information. Exemption 2 covers internal personnel rules and practices. Exemption 3 covers information exempted by another statute. Exemption 4 covers confidential commercial or financial information. Exemption 5 covers inter-agency or intra-agency memoranda, including deliberative process and attorney work product.

Exemption 6 covers personnel, medical, and similar files whose disclosure would invade personal privacy. Exemption 7 covers law enforcement records, with six subparts. Exemption 8 covers records from financial institution examinations. Exemption 9 covers geological and geophysical information about wells.

In practice, Exemption 5 is the most contested. Agencies use it to withhold draft documents, emails among staff, and legal advice. The deliberative process privilege requires that the record be pre-decisional and deliberative. Courts have narrowed its use, but agencies still invoke it often. The Supreme Court has weighed in on its scope.

Exemption 7 is common at the FBI and other law enforcement agencies. Subpart (A) protects law enforcement techniques and procedures. Subpart (C) protects ongoing investigations. Subpart (D) protects confidential sources. The FBI often cites Exemption 7(A) to withhold entire files. It must show that release could reasonably be expected to interfere with enforcement proceedings.

Exemption 4 is frequently used by the SEC and FTC for corporate filings. The agency must determine whether the information is confidential and whether disclosure would cause substantial competitive harm. The Supreme Court's 2019 decision in Food Marketing Institute v. Argus Leader Media lowered the bar for withholding under Exemption 4.

Exemption 6 is used by the Census Bureau and BLS to protect personal data. The EPA uses Exemption 6 for health information and Exemption 4 for industry data. The FCC uses Exemption 4 for proprietary telecom information. Each agency's annual FOIA report lists how many times it invoked each exemption.

Agencies must release reasonably segregable portions of records. If a document contains some exempt and some non-exempt material, they must redact and release the rest. They must also indicate the exemption and the amount of material withheld. The Office of Information Policy provides guidance on this requirement.

When an agency withholds, it must tell you which exemption applies and why. You can then appeal. The burden is on the agency to justify the withholding. If it fails, a court can order release. The full statutory text, including the nine exemptions, is on FOIA.gov.

Fee categories, waivers, and the public interest standard

FOIA fee categories determine what you pay. There are three categories: commercial use, non-commercial scientific or educational institution, and news media. Each category pays different fees. A fourth category, "all other," applies to requests that do not fit the first three.

Commercial use requesters pay search, review, and duplication costs. Educational and non-commercial scientific institutions pay only duplication, and the first 100 pages are free. News media requesters pay only duplication, with the first 100 pages free. All other requesters get two hours of search and 100 pages free, then pay search and duplication.

Review costs are charged only to commercial use requesters. Search costs are charged to commercial, all other, and sometimes news media if the request is for commercial use. Duplication is charged to everyone after free limits. Agencies may waive fees under $25 or if the cost of collecting exceeds the fee.

You can request a fee waiver or reduction. The public interest standard requires that disclosure likely contribute significantly to public understanding of government operations and that the request not be primarily in your commercial interest. You must explain how the records will be used.

A public interest waiver is not automatic. Agencies often deny waivers for requests from journalists and researchers if they do not see a clear public benefit. You can appeal a fee waiver denial. The Office of Information Policy has issued guidance on the standard.

To strengthen a waiver request, tie the records to a specific government activity. Explain who will read your work. If you are a journalist, include a letter from your editor. If you are a researcher, describe your project and publication plans. Avoid boilerplate.

Agencies may also grant a fee waiver if the request is from a representative of the news media and the records are newsworthy. The definition of news media is broad and includes bloggers and freelancers. But you must show that you are not seeking the records for commercial gain.

If you cannot afford fees, you can ask for a reduction. You can also limit your request to avoid costs. For example, ask for a specific number of pages or a sample. You can also ask the agency to provide an estimate before processing.

Fee category	Search	Review	Duplication	Free allowance
Commercial use	Charged	Charged	Charged	None
Educational or non-commercial scientific	Not charged	Not charged	Charged	First 100 pages
News media	Not charged	Not charged	Charged	First 100 pages
All other	Charged after 2 hours	Not charged	Charged	2 hours search, 100 pages

Expedited processing, multitrack queues, and the twenty-working-day clock

The FOIA statute requires agencies to respond within twenty working days. That clock starts when the component receives a perfected request. A request is perfected when it reasonably describes records and meets fee and other requirements. If the agency needs clarification, the clock may pause.

Agencies may extend the twenty-day period by ten working days in unusual circumstances. They must notify you in writing. Unusual circumstances include the need to search for records in field offices or to consult with another agency. If the extension is longer, the agency may ask you to narrow your request.

Expedited processing is available in four cases: imminent threat to life or physical safety, urgent need for information by a person primarily engaged in disseminating information, loss of substantial due process rights, or urgent government interest. The FBI and EPA grant few expedited requests. You must certify the need is true and correct.

Multitrack queues let agencies process simple requests faster. Agencies place requests in tracks based on complexity. A simple request for a few pages may be processed in days. A complex request for thousands of pages may take years. The FBI uses a multitrack system, as does the EPA.

If your request is not processed within the statutory time, you can file a constructive denial appeal. You can also sue in federal court. But courts often allow agencies to continue processing if they are making progress. The twenty-day clock is not a hard deadline for release, only for a determination.

Agencies must provide an estimated date of completion if they cannot meet the deadline. They must also provide a tracking number. You can check status online or by phone. If you do not receive a response, follow up in writing.

A simple FOIA request process step: file online, keep your tracking number, and calendar the twenty-day mark. If you hear nothing, send a follow-up email and then appeal. The FOIA.gov FAQ explains timing and what to do if you get no response.

Appeals, the Office of Information Policy, and FOIA litigation routes

If an agency withholds records or denies your request, you can appeal. The appeal must be filed within the time set by agency regulations, usually 30 to 90 days. You must appeal to the agency's designated appeal authority. For many Department of Justice components, that is the Office of Information Policy.

The Office of Information Policy reviews appeals for DOJ components, including the FBI. It can affirm, reverse, or remand the component's decision. It also provides policy guidance to all agencies. Its decisions are not binding on other agencies but are influential.

For the EPA, appeals go to the EPA's Office of General Counsel or its designee. For the SEC, appeals go to the SEC's Office of FOIA Services. For the FTC, appeals go to the FTC's General Counsel. Each agency publishes its appeal procedures in its FOIA regulations.

An appeal should state why the withholding is wrong. Cite the exemption and argue why it does not apply. If the agency withheld under Exemption 5, argue that the record is not deliberative. If it withheld under Exemption 7, argue that the investigation is closed or that the public interest outweighs.

If the appeal is denied, you can sue in federal court. You must file within six years of the denial. The court can review the agency's withholding de novo. The agency bears the burden of justifying the withholding. Litigation can be expensive and slow, but it is sometimes the only way.

Before suing, you may try the Office of Government Information Services, a mediator within NARA. OGIS can facilitate disputes but cannot order release. It is a free alternative to litigation. Some agencies also have informal resolution processes.

A FOIA appeal rights reminder: you must exhaust administrative remedies before suing. That means filing an appeal and waiting for a decision. If you do not appeal, a court may dismiss your case. The appeal is not optional if you want to litigate.

Use this checklist before you file an appeal:

• Confirm the denial letter states the exemption and the withheld volume.
• Note the agency's appeal deadline and the correct appeal authority.
• Draft a short argument against each exemption invoked.
• Attach the original request and the tracking number.
• Keep a copy and calendar the appeal decision date.

For more on timing, see this guide to appeal timing in public records work.

Reading annual FOIA reports to see what agencies withhold

Every agency must submit an annual FOIA report to the Attorney General. The Office of Information Policy publishes these reports on FOIA.gov. They show how many requests each agency received, processed, and denied. They also show how many times each exemption was invoked.

You can use these reports to see which agencies are slow or which withhold the most. For example, the FBI's report shows the number of requests received and backlogged. The EPA's report breaks down requests by region.

The official records compared distinction between a proposal, a decision, and a data release shapes how each of those numbers is counted.

The reports include the number of full grants, partial grants, and denials. They also list the number of appeals filed and their outcomes. You can compare agencies and track trends over time. This is useful for journalists and researchers.

The reports also show the number of requests expedited and the number of fee waivers granted. You can see how often an agency invokes Exemption 5 or Exemption 7. If an agency's use of an exemption spikes, that is a story.

FOIA logs are another tool. Many agencies publish logs of requests they have received. These logs can help you find other requesters and their topics. You can use them to identify records that may already be public.

If you are looking for a missing public record, check the agency's FOIA log and its electronic reading room. The record may already be online. If not, the log can tell you if someone else requested it.

Annual reports are not perfect. Agencies sometimes report inconsistently. But they are the best public source for agency-level withholding data. The FOIA.gov reports page links to each agency's report.

What NARA does differently with archival records

The National Archives and Records Administration is not a typical FOIA agency. It holds archival records, which are records transferred from agencies because they have permanent value. FOIA applies to these records, but with a twist: NARA cannot withhold a record that the originating agency made public.

NARA does not process FOIA requests for records still held by the creating agency. If you want an FBI record that is not yet archival, you must file with the FBI. If the record has been transferred to NARA, you file with NARA. The same applies to EPA records.

NARA also has its own exemptions. It can withhold records under the same nine exemptions, but it must consult with the originating agency in some cases. NARA's FOIA office is separate from its archival processing.

For presidential records, the Presidential Records Act governs, not FOIA. But FOIA applies to some presidential records after they are processed. The legal framework for those records is different from ordinary agency records.

NARA's annual FOIA report is separate from other agencies. It shows how many requests it received and how many it denied. If you are researching historical records, check NARA's finding aids first. Many records are already open.

For government policy reporting, understanding NARA's role helps you trace a record's life cycle. A record may start at the FBI, move to NARA, and become subject to different rules. Knowing where it is saves time.

Common questions

What is the deadline for a federal agency to respond to a FOIA request? Twenty working days, with a possible ten-day extension for unusual circumstances. If the agency misses the deadline, you can appeal or sue, but courts may allow more time.

Can I get a fee waiver for my FOIA request? Yes, if disclosure will contribute significantly to public understanding of government operations and you are not seeking records for commercial gain. You must explain how you will use the records.

What are the nine FOIA exemptions? They cover classified information, statutory prohibitions, deliberative memoranda, personal privacy, and law enforcement records, among others. Agencies must justify each withholding.

How do I appeal a FOIA denial? File a written appeal with the agency's appeal authority within the time set by regulation. For many DOJ components, that is the Office of Information Policy. You must exhaust appeals before suing.

Does FOIA apply to the FBI and EPA? Yes. Both are federal agencies subject to FOIA. The FBI has its own FOIA office, and the EPA has a national office plus regional offices. You must file with the right component.

How can I see what an agency withholds? Read its annual FOIA report on FOIA.gov. The report lists the number of requests, denials, and exemptions invoked. You can also check the agency's FOIA log.