How to Fax FOIA Requests to Government Agencies
A Freedom of Information Act request asks a federal agency for its records, and many state open-records requests work the same way under state sunshine laws. Faxing a FOIA request is widely accepted and creates a timestamp that starts the statutory clock, since under 5 U.S.C. § 552 agencies generally have 20 business days to respond after receiving a request. Journalists, attorneys, and researchers fax these requests because the delivery confirmation documents receipt at the FOIA office if an agency later claims it never arrived. Large agencies like DOJ, DHS, and DOD route requests through separate component FOIA offices, so sending to the wrong one restarts the clock.
How to Fax a FOIA Requests
- 1Address the request to the correct agency component's FOIA office — large agencies like the DOJ, DHS, and DOD have multiple components with separate FOIA offices, and sending to the wrong office restarts the clock
- 2State clearly in the opening paragraph that the letter is a FOIA request and identify the specific records sought by date range, subject matter, document type, and any identifying names or case numbers you know
- 3Include your contact information (mailing address, phone, email) and specify your preferred delivery format (paper copies or electronic files on CD/USB/email)
- 4State your requester category (commercial, media, educational, other) and your willingness to pay fees up to a specified limit — requests seeking fee waivers should state the public interest basis
- 5Locate the agency's official FOIA fax number from their FOIA.gov listing or the agency's FOIA page — do not use general inquiry fax numbers
- 6Log in to Send FAX Mail, upload your request letter, and save the delivery confirmation — this timestamp is your evidence of the date the agency received your request and starts the 20-day response clock
Document Format
FOIA requests should be on letterhead if submitted on behalf of an organization. Include the words 'FREEDOM OF INFORMATION ACT REQUEST' prominently at the top to ensure the document is routed to the FOIA office rather than general correspondence. Describe requested records with enough specificity that agency staff can conduct a reasonable search without excessive clarification — overly broad requests generate fee estimates and delays, while overly narrow requests miss responsive records. Include a delivery or tracking request if the agency acknowledges receipt.
Legal Considerations
Under the Freedom of Information Act (5 U.S.C. § 552), federal agencies must respond within 20 business days of receiving a request and may grant extensions for unusual circumstances. The response clock starts when the FOIA office receives the request — the Send FAX Mail delivery confirmation documents this date if there is any dispute. State FOIA equivalents (public records laws, sunshine laws) have different deadlines and procedures that vary significantly by state. Expedited processing may be available if you can demonstrate urgency — include expedited processing requests with supporting documentation if applicable.
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Faxing a FOIA Requests — FAQ
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