You can submit a new Freedom of Information Act (FOIA) request using FOIA.gov or check the status of a request you have already submitted.
New FOIA Requests
Before you submit a new request, please review the HHS FOIA records already available in the HHS FOIA Library. After reviewing the records, if you wish to make a FOIA request, you can submit your FOIA request online at FOIA.gov.
If you are requesting records about yourself, you can also securely enter and upload identity verification information and documents at FOIA.gov. You may wish to review the requirements for first-party access requests here: How to Make a Privacy Act Request. Please note that for your security, submission of Personally Identifiable Information (PII) via email to comply with Privacy Act verification of identity requirements is not recommended.
Federal agencies are required to disclose records upon receipt of a written request, with some exceptions. This right of access is enforceable in court. FOIA provides public access to all federal agency records except for those records (or portions of those records) that are protected from disclosure by any of nine exemptions or are excluded from the Act’s coverage (reasons for which an agency may withhold records from a requester).
FOIA does not apply to the Congress, the courts, or the central offices of the White House, nor does it apply to records in the custody of state or local governments. However, all state governments have their own FOIA-type statutes. You may request details about a state’s records access law by writing to the Office of the Attorney General of that State.
FOIA does not require a state or local government or a private organization or business to release any records directly to the public, whether such records have been submitted to the federal government or not. However, records submitted to the federal government by such organizations or companies may be available through a FOIA request if they are not protected by a FOIA exemption, such as the one covering trade secrets and confidential business information.
There is no initial fee to make a FOIA request, and in some cases no fees are charged.
HHS regulations allow us to recover part of the costs associated with processing FOIA requests. For fee purposes, FOIA divides requesters into three categories:
- Commercial use requesters are charged for any search time, document review, and duplication
- News media, educational, or scientific requesters are charged for duplication only, after the first 100 pages
- All other requesters are charged for search time (after two hours) and duplication (after 100 pages)
You may make a specific statement in your request limiting the amount of fees you are willing to pay. If you do not state a specific fee limit we will assume that you are willing to pay all fees incurred while processing your request.
We will notify you if:
- Your fees will exceed the limit
- Your estimated fees exceed $250.00
You may receive the opportunity to narrow your request in order to reduce the fees, or you may be asked to confirm your commitment to pay the estimated amount.
You may request a waiver for FOIA processing fees. However, fee waivers are limited to situations in which a requester can show that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.
Existing FOIA Requests
When HHS receives your FOIA request it is entered into the automated tracking system and assigned a control number. A FOIA analyst will review your request to understand the type(s) of records you wish to obtain and assign your request to the appropriate program office(s) to search for responsive records. You will receive an acknowledgement letter with a control number and instructions for checking the status of your request.
A FOIA analyst will conduct a line-by-line review of records responsive to your request and prepare a release determination for issuance by the HHS FOIA Officer or designee.
If you want to check the status of an existing request or wish to raise a concern, you may contact the agency official known as a “FOIA Public Liaison.” FOIA Public Liaisons are listed on our HHS FOIA Contacts page.
As a FOIA requester, you may ask HHS for “expedited processing” of your request. However, you should know that the agency will grant such requests under specific circumstances described in our regulations.
Denial of FOIA Request
If HHS locates records responsive to your request, it may withhold them (or any portion of them) only if they are exempt from disclosure under FOIA. For records that contain portions that are withheld, HHS will clearly mark those portions with the applicable FOIA exemption(s).
If HHS denies your request, in whole or in part, it will quantify the volume of material withheld, state the reason(s) for the denial, and inform you of your right to appeal to the designated HHS Appeal Official.
Here are common reasons HHS may not release a record:
- A reasonable search for requested records failed to identify/locate responsive records.
- The request is transferred to another Federal Agency to identify/locate responsive records.
- The request is withdrawn by the requester.
- The requester is unwilling to pay fees associated with a request, is past due in the payment of fees from a previous FOIA request, or declines to proceed after reviewing an agency fee estimate.
- A record has not been described with sufficient specificity to enable HHS personnel to locate it by conducting a reasonable search.
- The material requested is not a record within the meaning of FOIA.
- The request is a duplicate request; i.e., the requester asks for the identical records more than once. This includes identical requests received via different means; e.g., electronic mail, facsimile, mail, and/or courier, at the same or different times. HHS will act only on the initial request.