How to Use Public Records and FOIA to Investigate the U. S. Government

Key Takeaways

The Freedom of Information Act (FOIA) gives any person, U. S. citizen or not, the right to request records from federal executive branch agencies.

A request must be in writing and reasonably describe the records sought; no special form is required.

Federal agencies generally must make a determination within 20 working days, subject to limited “unusual circumstances” extensions.

Nine exemptions allow withholding of specific categories of information, but agencies must release all reasonably segregable, non-exempt portions.

Denials can be appealed, generally within 90 calendar days, and after exhaustion of appeals, reviewed in federal court.

Much useful data is already public: USAspending. gov, SAM. gov, Congress. gov, GovInfo, GAO reports, PACER. Research those before filing a request.

The Freedom of Information Act is one of the most powerful lawful tools for understanding what the U. S. government is doing. It requires federal agencies to disclose records they would often rather keep quiet. FOIA works best when you identify the right agency, describe the records precisely, and treat the process, including appeals, as part of a disciplined research workflow. This guide explains how to use FOIA legally and effectively, what to expect at each step, what the nine exemptions protect, and which public databases you can use without filing a request. It is educational, not legal advice; agency rules differ, so check the agency’s FOIA regulations. For background, see how government accountability works in the United States.

What Is the Freedom of Information Act?

The Freedom of Information Act has given the public a right to request access to federal agency records since 1967. Codified at 5 U. S. C. § 552, it ensures “an informed citizenry, which is vital to the functioning of a democratic society,” per FOIA. gov, the federal government’s central FOIA website. Under the Act, any person, regardless of citizenship, may request records from any federal agency, which must disclose requested information unless it falls within one of nine exemptions protecting interests such as personal privacy, national security, and law enforcement.

The law rests on a “presumption of openness.” Under the FOIA Improvement Act of 2016, agencies may withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is otherwise prohibited by law. When full disclosure is impossible, agencies must release all reasonably segregable non-exempt portions, which is why released records often arrive redacted rather than withheld outright.

Three structural facts matter. FOIA applies only to federal executive branch agencies: cabinet departments, military departments, government corporations, and independent regulatory agencies, not Congress, the courts, or state and local governments. Administration is decentralized:each of more than 100 agencies processes its own requests, with shared guidance from the Justice Department’s Office of Information Policy(OIP, which does not process other agencies’ requests.

What Types of Government Records Can Be Requested?

You may request “any agency record,” which FOIA. gov defines as any record”created or obtained by a federal agency, and under agency control whenthe request is received.” That includes emails, memoranda, policy documents, databases, contracts, and contractor communications, inspection, and enforcement records, calendars, meeting materials, and internal analyses, in printed or electronic form. Two limits apply. FOIA does not require agencies to create new records, conduct research, analyze data, or answer questions, so frame your request as a search for existing records, not as a question. Records about individuals get extra scrutiny:about yourself, agencies may require you to certify your identity;about someone else, expect personal-privacy review. Privacy Act requests, covering records about yourself under 5 U. S. C. § 552a, are processed alongside FOIA at most agencies. Accurate dates, offices, programs, and names turn a request into a search-and-find operation.

How to Submit a FOIA Request

There is no required form:a written requestthat reasonably describes the records you seek, sent to the agency’s FOIA office, suffices. Most agencies accept electronic requests, via web form, email, or fax, and some require online submission for at least some records. FOIA. gov also serves as the National FOIA Portal:you can create a request there that is routed to participating agencies, and the site lists each agency’s contacts, and requirements A straightforward submission works like this:

Do research first. Check whetherthe records are already public, via agency websites, FOIA. gov’s search, and agency FOIA libraries. There is no need to request what has been published.
Identify the agency, and component most likely to hold the records(see next section.
Write a concise letter: “Under the Freedom of Information Act, 5 U. S. C. § 552, I request copies of the following records: …” describing record types, subjects, date ranges, names, offices, or program identifiers. Put “FOIA request” in the subject line so it routes correctly.
State your fee category, cap fees, and consider a fee waiver: “I am willing to pay fees up to $[amount]; please contact me before exceeding it. I request a waiver of fees because disclosure is in the public interest.” Details on fees appear below.
Provide contact information, mailing address, and email at minimum.
Submit, and save everything. Note the submission date, when the response clock starts;keep a copy of what you sent, save portal confirmations, and tracking numbers, and cite them in all follow-ups

Timing:agencies process requests in order of receipt, and the statute gives them 20 working days, excluding weekends, and federal holidays, to make a determination. Under “unusual circumstances,” including records at separate field facilities, voluminous requests, or consultations with other agencies, an agency may extend that period with written notice. Simple, targeted requests move faster than complex ones, and many agencies publish average processing times on FOIA. gov. If you can show a “compelling need,” such as an imminent threat to life or safety, or, for those primarily engaged in disseminating information, an urgency to inform the public about government activity, you may request expedited processing, whose denial can itself be appealed.

Which Federal Agency Should Receive the Request?

Sending a requestto the wrong agency wastes months. Because each agency handles its own records, your request gets the fastest response when addressed directly to the FOIA office of the agency, or agency component, that maintains the records you seek. Large agencies are often decentralized:DOJ components like the FBI, and DEA process their own requests, so component-level accuracy matters. FOIA. gov’s agency search lists components, contacts, and requirements, and its wizard helps identify where records are most likely held.

If you cannot identify the component, most agencies accept a request sent to their central FOIA office, and route it internally;USDA, for example, forwards such requests. An agency releases only records in its own custody;when records involve another agency, it consults that agency before releasing, which adds time but no shortcut around the law.

What Information Should Be Included?

The details in a short letter determine how fast, and completely it is processed. Include:

Your identity, and contact details, so the agency can respond;for records about yourself, expect to certify your identity.
A clear invocation of the FOIA, ideally citing 5 U. S. C. § 552.
A reasonably specific description of the records:record types, subjects, date ranges, names, offices, docket numbers, program names, anything that lets the agency locate them. Specificity drives speed, cost, and completeness.
The format you prefer. Electronic copies where available;digital retrieval speeds processing, and some agencies ask requesters to scope toward electronically retrievable records.
Your fee category, and a cap. State whether you are a commercial-use requester, a news media, educational, or noncommercial scientific requester, or “all other”;cap what you will pay;request a fee waiver when disclosure serves the public interest(below).
A request for appeal rights: “If any portion of this request is denied, please cite the exemptions relied upon, release all reasonably segregable non-exempt portions, and provide appeal procedures.” Agencies must identify exemptions when they withhold;asking for appeal instructions sets up your next move.
Breadth control. “Everything related to X” produces delays;”the July 2023 inspection report for Facility Y” produces records. If you need an overview, request an index or log first, then drill down.

FOIA Exemptions

FOIA structures withholding:an agency may withhold only information falling within one of nine exemptions, plus three narrow”exclusions”for law enforcement, and national security records whose existence may not be confirmed, and must cite the exemption(s) it relies on. The exemptions are permissive, not mandatory. The nine:

National security: information properly classified under an executive order to be kept secret in the interest of national defense or foreign policy.
Internal personnel rules, and practices: information relating solely to an agency’s internal administrative matters;courts apply this narrowly, chiefly to trivial internal matters of no genuine public interest.
Exempted by another statute: information another federal law requires be withheld, or for which another statute sets withholding criteria;statutes enacted after October 28,2009 must cite(b)(3) to qualify.
Trade secrets, and confidential commercial or financial information: privileged or confidential business data obtained from a person, commonly invoked for contractor information.
Privileged communications within or between agencies: deliberative-process, attorney-client, and work-product privileges;deliberative-process protection may shield only records less than 25 years old, under the FOIA Improvement Act of 2016.
Personal privacy: information that, if disclosed, would invade another individual’s personal privacy.
Law enforcement records: records compiled for law enforcement purposes whose disclosure could interfere with enforcement proceedings, deprive a person of a fair trial, cause an unwarranted invasion of personal privacy, reveal a confidential source, disclose investigative techniques or procedures in ways risking circumvention of the law, or endanger life or safety. Law enforcement agencies cite this exemption, and its subparts,”7(A)”to”7(F),”most often.
Supervision of financial institutions: information concerning supervision of banks, and similar institutions, such as examination reports.
Geological information on wells: geological, and geophysical data concerning wells.

Practical takeaway:exemptions produce redactions, not silence. Read the exemption codes, in a release;they tell you what interestthe agency claims is at stake, and that vocabulary drives your appeal.

What to Do When a Request Is Denied

A “denial” includes more than an outright refusal:claims that records are exempt, in whole or in part;”no records”findings;denial of a fee waiver or expedited processing;or refusal to provide a requested format. Treat each as a decision to examine, not a dead end. Read the response closely:which exemptions were cited?Were some pages released, and others withheld?Those answers decide whether your appeal is about law, scope, or search effort. With questions, contact the agency’s FOIA Requester Service Center, then raise concerns with the agency’s FOIA Public Liaison, a statutory official charged with resolving disputes. A polite, specific conversation often resolves the problem without an appeal.

If no conversation resolves it, file an administrative appeal. If an agency never responds within the statutory time limits, the FOIA treats that as constructive exhaustion of administrative remedies, meaning you may proceed as though your request had been denied. Mediation, is available throughout:OGIS,the Office of Government Information Services at the National Archives, offers voluntary dispute resolution as a non-exclusive alternative to litigation.

How to Appeal a FOIA Decision

The administrative appeal is your formal, on-the-record challenge, and a court generally will not hear a FOIA dispute until you have exhausted it. The process, reflecting the statute, and DOJ regulations:

File in writing within 90 calendar days of the agency’s response date. The statute sets 90 days as the minimum agencies must allow;some allow longer, but treat day 90 as your hard deadline.
Mark it “Freedom of Information Act Appeal” in the subject line so it is never mistaken for a new request.
Identify what you are appealing:the component whose determination you contest, its request number if known, the specific exemptions or findings you dispute, and why you believe the agency erred. A focused appeal challenging, say, Exemption 7(F) on two named pages produces a more careful re-review than a blanket objection.
Send it to the agency’s designated appellate authority. DOJ regulations route appeals from any component to the Office of Information Policy;other agencies use an appellate officer, chief FOIA officer, or a designated review office; check the agency’s regulations or FOIA page.
Expect a written decision, ordinarily within 20 working days absent unusual circumstances. If, the appeal upholds the denial, the decision must explain why, cite exemptions, notify you of your right to sue, and mention OGIS mediation. If it remands or modifies the decision, the component must reprocess the request.

If, the appeal upholds the denial, or goes unanswered, your next step is federal court:file suit in a U. S. district court, typically where you reside, where the records are located, or in Washington, DC. The court reviews the agency’s decision de novo, examining the records themselves, andthe agency bears the burden of justifying withholdings. A requester who”substantially prevails”may recover attorney fees, and costs, so news organizations treat FOIA litigation, as an extension of reporting. Litigation, is slow:use mediation first, and keep your trail clean so a judge can follow it.

Other Public Records Available Without FOIA

Much of what you want, is already public;FOIA. gov says research before you request, because agencies post a great deal online. In rough order of usefulness:**

USAspending. gov, the official open-data source of federal spending. Search contracts, grants, and loans by agency, recipient, industry, state, district, or time period;view award amounts, places of performance, and recipient profiles;download bulk data. Investigating a government contractor?USAspending shows the dollars, and who awarded them. (See how federal contracts work, spending, oversight, and red flags.)
SAM. gov, the System for Award Management, the official registry of entities doing business with the government. Its free public search shows entity registrations, names, addresses, ownership, identifiers, certification status, and exclusion records flagging entities ineligible for federal awards. Cross-check SAM against USAspending recipient names to confirm you have the right entity.
Congress. gov, the official source for federal legislation:bills, and resolutions, full text, and status, committee activity, voting records, and member information. Verify an agency’s claimed statutory authority here, in the statute’s actual text.
GovInfo, free access via the Government Publishing Office to official publications from all three branches:the Federal Register, the daily official publication for rules, proposed rules, and agency notices, plus executive orders, the Code of Federal Regulations, the Congressional Record, presidential documents, and GAO reports. Many agency actions first appear in the Federal Register before they reach the news.
GAO. gov, the Government Accountability Office, the”congressional watchdog,”publishes fact-based, nonpartisan reports, and testimonies on federal programs, and spending, searchable by topic, agency, or date. GAO findings are strong corroboration for any agency claim about program performance.
PACER, Public Access to Court Electronic Records, federal court dockets, and filings:complaints, motions, orders, judgments, and underlying documents. Most remote access costs a small per-page fee;terminals are free at federal courthouses. In federal litigation, the docket is the story’s spine:who filed what, and when.
Agency FOIA libraries, and reading rooms: agencies must proactively disclose frequently requested records, and most publish them along with documents released through completed requests. Check the agency’s library before filing;what you want may already be public. Annual FOIA Reports on FOIA. gov show each agency’s request volume, backlog, processing times, and exemption usage, and an accountability story in itself.
State, and local equivalents: FOIA covers only federal agencies, but every state has its own public-records law:Texas’s Public Information Act, California’s Public Records Act, New York’s Freedom of Information Law, Pennsylvania’s Right-to-Know Law, and others. Deadlines, fees, exemptions, and oversight vary widely;some states have dedicated open-records agencies, and the National Conference of State Legislatures overviews state laws. Your state attorney general, or secretary of state, typically publishes guidance. Historical federal records may be available through the National Archives. (For tracking sub-federal dollars, see how to investigate state, and local government spending, in the U. S.)

The rule of thumb:exhaust public sources first, use FOIA for what is genuinely not public, and cross-check everything FOIA produces against the public record you already collected.

How Journalists Can Verify Government Documents

A government document, is evidence;check its provenance, integrity, and meaning before relying on it. A verification routine:**

Establish provenance. Where did the document come from, an agency FOIA library, PACER docket, congressional record, FOIA response?Who produced it, agency, contractor, witness?Does it carry an identifier, request number, docket number, report number, or, for federal contracts, a Procurement Instrument Identifier(PIID)that appears on related USAspending records?Identifiers connect one record to another.
Inspect the document itself. Note dates, letterhead, signatures, page stamps, exhibit labels, distribution lists. A document dated before the event it describes is a draft or plan, not a report of fact;check versions;compare quoted text against the original.
Cross-reference independent sources. Does the contract amount on USAspending matchthe contract document?Do SAM registration, and court dockets confirm the same entities?Does the agency’s public statement square with the GAO report on the program?Discrepancies are leads, not proof, but corroboration across independent official sources turns a document into a finding.
Treat redactions correctly. Redactions are legal, and common;never guess what lies beneath them. Note the exemptions asserted, and move on. A heavily redacted release still shows the agency holds responsive material.
Know what a response does, and does not, say. A”no records”response asserts nothing was found in the files searched;it does not prove records never existed. A partial release says nothing about withheld portions beyond the exemption cited.
Use the agency’s own transparency data. Annual FOIA Reports show processing times, backlogs, and request volumes, and an agency averaging 400 days per request has a verifiable delay finding.
Preserve what you verified. Save originals, PDFs, emails, portal confirmations, response letters, with receipt dates. An evidence trail an editor or a court can retrace, is the difference between reporting, and assertion.

How to Build an Investigative Research Trail

Public-records work does not aim at a single document;it builds a trail anyone can follow from question to evidence. A disciplined process keeps it intact:**

Step 1. Define the question.“Did Company X receive federal funds for work it did not perform?”is researchable;”What is Company X up to?”is not. The sharper the question, the narrower the records list.

Step 2. Mine public sources first. Pull relevant awards from USAspending, registrations from SAM, dockets from PACER, reports from GAO, laws from Congress. gov, and GovInfo. List what you know, and what gaps remain;the gaps are what FOIA is for.

Step 3. Identify every likely records holder. One event often leaves records, with several agencies:the contracting agency, awarding office, inspectors general, consulted agencies. List them all, then prioritize requests.

Step 4. File narrowly scoped requests. Target records that fill a documented gap. Most portals accept one request at a time, but you can submit the same request to several components if unsure, USDA suggests this. Log submission date, portal, and tracking numbers immediately.

Step 5. Keep a request log. A spreadsheet with columns for agency, component, request number, submission date, statutory due date,20 working days out, follow-ups, appeal deadline,90 calendar days from any adverse response, and status. When a dozen requests are in flight, the log protects your deadlines, especially 90-day appeal windows, which close quietly.

Step 6. Preserve originals. Save the request, acknowledgments, responses, redacted records, your appeal, andthe appeal decision, with arrival dates. If you rely on something, produce the exact document on demand.

Step 7. Follow up on a schedule. If nothing arrives by the statutory window, contactthe FOIA Requester Service Center, thenthe FOIA Public Liaison, then consider an appeal or OGIS mediation. Unresponsiveness, is a data point worth logging.

Step 8. Appeal strategically. When exemptions or redactions look wrong, appeal narrow disputes with specifics. Each appeal decision, which must explain the agency’s reasoning, sharpens your picture, and is itself a public record you can request later.

Step 9. Verify before you publish. Check every FOIA-produced document against your public-source baseline. Does the released contract modification explain the USAspending obligation?Do released emails matchthe timeline from court filings?Converging independent records make a finding.

Common errors to avoid:filing”everything about X”requests agencies cannot process;asking questions instead of requesting records;treating an initial denial, as the final word;and missing the 90-day appeal window while waiting for something better. FOIA is iterative:narrow request, review release, appeal disputed parts, request again. Repeated across agencies, that loop turns a question into a documented story.

Frequently Asked Questions

Who can file a FOIA request? Any person, U. S. citizen or not. There is no citizenship requirement for federal records requests.(State laws may impose their own residency rules.)

Is there a fee? Most requests involve no fees. Where fees apply, they depend on category:commercial-use requesters pay search, review, and duplication;news media, educational institutions, and noncommercial scientific institutions pay duplication only, first 100 pages free;all others pay search, and duplication, withthe first two hours of search, and 100 pages free. Only commercial-use requesters pay review fees. Cap fees, in your letter, and request a fee waiver when disclosure serves the public interest, and not primarily your commercial benefit.

How long does it take? Agencies generally must make a determination within 20 working days;”unusual circumstances,”records at separate facilities, voluminous requests, consultations, can extend it. Complex requests take longer;narrow requests get answered first. Expedited processing, is available for a”compelling need,”such as an imminent threat to safety or urgency to inform the public.

Can I use FOIA to ask the government questions? No. FOIA covers records, not answers. Agencies are not required to conduct research, analyze data, or create records. If you need an explanation, request the records that contain it, and draw conclusions yourself.

What if the agency says it has no records? That is an assertion about its search, not proof the records never existed. Ask which offices, and systems were searched, and consider an administrative appeal if you believe responsive records should exist. Appeals can challenge”no records”findings, as well as exemption claims.

Does FOIA apply to Congress, the courts, or state governments? No. It covers federal executive branch agencies. Congress, andthe judiciary are not covered, though both publish enormous amounts voluntarily. State, and local governments fall under state public-records laws, which vary by state;consult your state’s open-records office, or attorney general.

What about records about myself? Request them under both the FOIA, andthe Privacy Act,5 U. S. C. § 552a;agencies may require you to certify identity before releasing records that could match someone else’s name. Records about another person trigger privacy protections under Exemptions 6,and7(C.

Is this legal advice? No. This article is educational;consult an attorney for legal questions.

Official Resources

FOIA. gov ,the federal government’s central FOIA website:research, create a request, search already-disclosed records, https://www. foia. gov/
FOIA. gov, Search for an Agency ,directory of agencies’ FOIA contacts, submission methods, and requirements, https://www. foia. gov/agency-search. html
U. S. Department of Justice, Office of Information Policy, OIP,government-wide FOIA guidance;appeals for DOJ components, https://www. justice. gov/oip/
The Freedom of Information Act,5 U. S. C. § 552,full statute text with amendments through the FOIA Improvement Act 2016,https://www. justice. gov/oip/freedom-information-act-5-usc-552
DOJ FOIA Regulations,28 CFR Part 16,including administrative appeal requirements, https://www. ecfr. gov/current/title-28/chapter-I/part-16/subpart-A/section-16.8
Office of Government Information Services, OGIS,NARA’s FOIA ombudsman;mediation, https://www. archives. gov/ogis
USAspending. gov,official federal spending data:contracts, grants, loans, https://www. usaspending. gov/
SAM. gov,System for Award Management:entity registrations, and exclusions, https://sam. gov/
Congress. gov,federal legislation:bills, laws, committee activity, https://www. congress. gov/
GovInfo,GPO;Federal Register, Code of Federal Regulations, Congressional Record, presidential documents, GAO reports, https://www. govinfo. gov/
GAO. gov,Government Accountability Office reports, and testimonies, https://www. gao. gov/
PACER,Public Access to Court Electronic Records:federal court dockets, and filings, https://pacer. uscourts. gov/
National Conference of State Legislatures, NCSL,overview of state public-records laws, https://www. ncsl. org/center-for-legislative-strengthening/public-records-law-and-state-legislatures
USA. gov,the official U. S. government web portal for federal services, https://www. usa. gov/

How to Use Public Records and FOIA to Investigate the U.S. Government