There are a number of ways that you can receive government records. The easiest method is to access an agency's online “reading room” which provides free access to certain government documents. If you can't get what you want through a reading room, you should carefully consider how (and in what form) you want the responding agency to provide the documents to you.

Before you jump into filing a FOIA request, however, you should spend some time researching which agency or agencies have the records you want. There is no central depository for federal government information, and each agency has its own office for handling FOIA requests. This can make your search rather difficult, but there are a number of resources that may help you in determining which federal entities are likely to have the information you seek:

• The United States Government Manual contains a list of federal agencies and a brief description of their functions. The Manual also contains the addresses and telephone numbers for each agency.


• Online Directories to Government Information provide information on which agencies have responsibility for various subject areas.


• The Library of Congress provides links to congressional committees, publications, and other information. While Congress is not subject to FOIA, the Library of Congress has extensive records on many government agencies.


• The National Archives and Records Administration contains extensive records from across the federal government, including the historical records of federal agencies, congressional bodies, and courts.

Online Reading Rooms

FOIA requires that all federal agencies maintain online reading rooms that provide electronic versions of their regulations, policy statements, and records. Reading rooms are the easiest method of obtaining certain types of government information, because accessing them requires only a few clicks on an agency’s website. Therefore, you should always start by checking to see if the records you are seeking are already available in the reading room. This will save you the time, energy and money of making a FOIA request or otherwise attempting to get information. The type and amount of information available in the reading rooms vary greatly by agency, but many include a number of useful records.

If you can't find the agency's online reading room from their homepage, try searching for “(agency name) reading room” (most agency web sites have a section labeled specifically as a “reading room,” so you should be able to find it with a simple online search). It can also be helpful to run the same search at FirstGovSearch.gov, the U.S. Government Printing Office’s online directory of government information.

Here is a list of online reading rooms for some of the government’s most visible agencies and offices:

• The Department of Justice


• Central Intelligence Agency


• Internal Revenue Service


• Federal Bureau of Investigation


• U.S. Department of State


• Office of the Attorney General

Other Means of Getting Records

If you can't find the records you are seeking in the agency's reading room, then you will need to request the records informally or file a FOIA request. See the section on Requesting Records Under FOIA in this guide for more information.

In your request you can ask to receive either an electronic copy or a physical copy of the records. If the records already exist in the form that you request them in, then the agency must generally provide the records in your preferred form. However, if you request an electronic copy of records that only exist in paper form, then the agency must only provide you with an electronic copy if it is reasonably able to do so, meaning that the record is "readily reproducible" in the alternate format. If you would prefer a certain type of electronic format, the agency need only provide the records in that specific format if it is reasonably able to do so. See 5 U.S.C. 552(a)(3)(B).

Depending on the agency, physical copies of records may usually be mailed or faxed to you, while electronic copies of records may either be e-mailed to you or sent to you on a CD-ROM or other disk drive. Because of the various ways you can receive the records, it is very important that you specify your preferred method when you initially file your request.

Any records created, possessed, or controlled by a federal regulatory agency, cabinet and military departments, offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government must be disclosed unless the information contained in the records is covered by a specific FOIA exemption. FOIA only extends to existing records; you cannot compel an agency to create or search for information that is not already in its records. Nor can you use FOIA to compel agencies to answer your general questions under FOIA. However, you sometimes can agree to accept information in an abbreviated form rather than the actual documents.

Agencies are required to make the following records available for public inspection and copying without a formal FOIA request via the Federal Register:

• final opinions made in the adjudication of cases;
• unpublished policy statements and agency interpretations;
• staff manuals that affect the public;
• copies of records released in response to previous FOIA requests have been or will likely be the subject of additional requests; and
• a general index of released records determined to have been or likely to be the subject of additional requests.

If you are interested in records that don't fall into one of these categories, you will need to file a FOIA request. See the section on How to Request Records Under FOIA in this guide for more information.

Physical Records

Physical records of any description can be requested under FOIA. Traditional typed documents, as well as maps, diagrams, charts, index cards, printouts and other kinds of paper records can be requested. Moreover, access under FOIA is not restricted to information recorded on paper. Information recorded in electronic media (see further below), audio tapes, film, and any other medium can be requested. The Society of Professional Journalists' A-Z list of covered documents is a great place to start if you aren’t sure if the record you want is covered by FOIA.

Electronic Records

The increasing availability of electronic versions of government records is one of the most important developments in public access to government information. “E-records,” as these records are sometimes called, generally are simpler and quicker to obtain, easier to analyze, and otherwise better suited to citizen use. With the invention of online reading rooms and FOIA sections of agency websites, many records take no more effort to access than personal e-mail. Information from e-records can be organized into databases, searched, and plugged into tables and charts, making it possible to perform in-depth analysis in much less time—which opens up new possibilities for public use of government information.

Besides quicker access and (possibly) cheaper reproduction costs, electronic records have several advantages over their paper-based counterparts. E-records can be compiled into databases for easy searching and comparison. They are easier to sort through quickly, possibly making it easier to find patterns and discrepancies. This can make the information-gathering process significantly simpler and more efficient, which is a great help to those who don’t have the time and resources to mount in-depth investigations. For more information on ways to use electronic records, the Poynter Institute has an online bibliography of computer-assisted reporting (CAR) primers and other sources of information.

Electronic records are becoming more and more prevalent as the government continues to expand its use of technology. Because of this, any record you seek could be available in electronic format. Whether you’re talking directly to a records-keeper or filing an official FOIA request, you should consider asking for electronic copies of the records you are requesting. Depending on the agency, you may be able to specify whether you receive e-records by e-mail attachment, CD, or other medium. Some states, for instance, allow the requester to receive records in the format of their choice. An agency must make requested records available in electronic format at the request of a person if the record is readily reproducible by the agency in electronic format (§ 552(a)(3)(B)).

Congress extended the Freedom of Information Act to electronic records by enacting the Government Printing Office Electronic Information Enhancement Act of 1993 ("Electronic Information Act") and the Electronic Freedom of Information Act Amendments of 1996 ("E-FOIA"). The Electronic Information Act requires government to maintain an online directory of Federal electronic information, including the Congressional Record, the official record of Congress’ proceedings and debates, as well as the Federal Register, which contains agencies’ regulations and policy statements. E-FOIA requires that government agencies:

• prepare electronic forms of records and record indexes;
• offer access to those records;
• have a FOIA section of their websites, on which they must post agency regulations, administrative opinions, policy statements, staff manuals, and other records;
• identify common records requests and make those records available online;
• create online reading rooms that include information available in traditional reading rooms; and
• create reference guides for accessing agency information, which must be available online.

While the records you've requested might be covered by FOIA, the information contained in the records may relate to certain subject areas that are exempt from disclosure under FOIA. FOIA contains nine exemptions that might impact your request:

1. Classified Documents--information classified in the interests of national security or foreign policy can be withheld (§ 552(b)(1)(A)).


2. Internal Agency Personnel Rules-- information relating to internal agency practices is exempt if it is a trivial administrative matter of no genuine public interest (e.g., a rule governing lunch hours for agency employees) or if disclosure would risk circumvention of law or agency regulations (e.g., an employee's computer user id) (§ 552(b)(2)).


3. Information Exempt Under Other Laws--an agency is prohibited from disclosing information that protected from disclosing under other federal laws. For example, federal tax laws prohibit the disclosure of personal income tax returns (§ 552(b)(3)).


4. Trade Secrets or Confidential Commercial Information--this exemption applies to trade secrets (commercially valuable plans, formulas, processes, or devices) and commercial information obtained from a person (other than an agency) that would be likely to harm the competitive position of the person if disclosed (such as a company's marketing plans, profits, or costs (§ 552(b)(4)).


5. Internal Agency Memoranda and Policy Discussions--in order to protect the deliberative policymaking processes of government, internal agency memoranda and letters between agencies discussing potential policy options are exempted from disclosure (§ 552(b)(5)).


6. Personal Privacy--private data held by agencies about individuals is exempt if disclosure would constitute a clearly unwarranted invasion of privacy, but a person is not prevented from obtaining private information about themselves (§ 552(b)(6)).


7. Law Enforcement Investigations--this exemption allows the withholding of information that would, among other things, interfere with enforcement proceedings or investigations, deprive a person of a right to a fair trial, breach a person's privacy interest in information maintained in law enforcement files, reveal law enforcement techniques and procedures, or endanger the life or physical safety of any individual (§ 552(b)(7)).


8. Federally Regulated Banks--information that is contained in or related to reports prepared by or for a bank supervisory agency such as the Federal Deposit Insurance Corporation, the Federal Reserve, are exempt (§ 552(b)(8)).


9. Oil and Gas Wells--geological and geophysical data about oil and gas wells are exempted from disclosure (§ 552(b)(9)).

It is beyond the scope of this guide to describe each exemption in exhaustive detail. Suffice it to say, most FOIA disputes involve disagreements over the scope and application of these exemptions. For more information on each exemption, see the Reporters Committee for Freedom of the Press's excellent booklet on How to Use the Federal FOI Act.

Other than exemption number 3 -- which relates to information exempt under other federal law -- these exemptions are permissive, not mandatory. This means that FOIA allows an agency to refuse to disclose otherwise covered records, or to redact portions of documents, but it does not compel the agency to do so. For more on the discretionary nature of these exemptions, see the U.S. Department of Justice's FOIA Guide.

An agency must state which exemption it is relying on when it withholds documents or redacts information. In addition, agencies are required to disclosure all non-exempt information, even if it is contained in a record that contains other information that is exempt from disclosure. In other words, if an exemption only applies to a portion of a record, the agency must release the remainder of the document after the exempt material has been redacted.

If you believe an agency has improperly used one of these exemptions to deny your request, see the section of this guide on What Are Your Remedies Under FOIA which describes the courses of action you can take to enforce your rights under FOIA.