A ready-to-use request letter for obtaining records from any federal agency under the Freedom of Information Act (5 U.S.C. § 552).

[Date]

[FOIA Officer or FOIA Public Liaison]

[Federal Agency Name]

[Street Address]

[City, State ZIP]

Re: Freedom of Information Act Request (5 U.S.C. § 552)

Dear FOIA Officer:

Under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, I am requesting access to and copies of the following records:

[Describe the records as specifically as possible. Include date ranges, names, incident or case numbers, file numbers, department or office names, and any other identifying information that will help the agency locate responsive records.]

FOIA requires federal agencies to disclose records upon request unless the records fall within one of the nine enumerated exemptions set forth in 5 U.S.C. § 552(b). The Supreme Court has held that these exemptions must be narrowly construed, and the burden of justifying nondisclosure rests with the agency. U.S. Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 755 (1989); Dep't of the Air Force v. Rose, 425 U.S. 352, 361 (1976) ("FOIA seeks to permit access to official information long combatively hidden from public view").

Response Deadline

Under 5 U.S.C. § 552(a)(6)(A)(i), the agency must make a determination on this request within twenty (20) business days of receipt. If an unusual circumstance requires an extension, the agency must notify me in writing of the reason for the extension and the date on which the determination is expected, and the extension may not exceed ten additional business days. See 5 U.S.C. § 552(a)(6)(B)(i).

A failure to comply with the statutory time limits is treated as an exhaustion of administrative remedies, permitting immediate suit in federal district court. See 5 U.S.C. § 552(a)(6)(C)(i).

Denial and Segregability

If any portion of this request is denied, I ask that you cite the specific FOIA exemption(s) justifying the withholding for each document or portion withheld. The Act requires that "any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt." 5 U.S.C. § 552(b) (final sentence). A Vaughn index may be appropriate if the volume of withholdings is substantial. Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).

Fee Waiver Request

I request a waiver of all fees associated with this request. Under 5 U.S.C. § 552(a)(4)(A)(iii), fees shall be waived or reduced when disclosure of the requested information is "in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester."

Disclosure of the requested records satisfies both prongs of this test:

[Explain why the records are in the public interest — e.g., "The records relate to [government program or activity]. Disclosure will contribute to public understanding of [specific government operations]. I intend to [disseminate the information to the public / use the records in connection with research or reporting]. I have no commercial interest in the records."]

In the alternative, if fees are assessed, please notify me if the total estimated cost exceeds $[amount] before processing so I may narrow the request if necessary.

Fee Category

For purposes of fee assessment, I request classification as a:

[Select one: "representative of the news media" (search and review fees waived, only duplication fees) / "educational or scientific institution requester" (same) / "all other requester" (first 2 hours of search and first 100 pages of duplication free). See 5 U.S.C. § 552(a)(4)(A)(ii).]

Expedited Processing

[Optional — include if applicable:] I request expedited processing of this request under 5 U.S.C. § 552(a)(6)(E). I certify that there is a compelling need for the requested records because [explain — e.g., "the records relate to an imminent threat to the life or physical safety of an individual," or "the records are urgently needed by a person primarily engaged in disseminating information to inform the public about actual or alleged government activity"].

Format of Production

I request that responsive records be provided in electronic format (PDF or native format) via email to [your email address], as contemplated by 5 U.S.C. § 552(a)(3)(B) (requiring agencies to provide records in "any form or format requested" if the record is "readily reproducible" in that form).

Enforcement

I trust this request will be processed in accordance with the Act. Please be aware that under 5 U.S.C. § 552(a)(4)(B), a requester who is denied records may bring a civil action in United States district court. The court reviews the withholding de novo, and if it finds the agency improperly withheld records, it may assess reasonable attorney's fees and litigation costs against the agency. See 5 U.S.C. § 552(a)(4)(E).

Additionally, the FOIA Improvement Act of 2016 established a presumption of openness and requires agencies to apply a "foreseeable harm" standard — records may be withheld only if the agency reasonably foresees that disclosure would cause specific, identifiable harm. See 5 U.S.C. § 552(a)(8)(A).

Please direct any questions regarding this request to me at the contact information listed below. I look forward to your timely response. Thank you.

Sincerely,

[Your Name]

[Your Address]

[Your Phone Number]

[Your Email Address]

Key Legal Authority

Statutes

5 U.S.C. § 552(a)(3)Agencies must make records promptly available upon request

5 U.S.C. § 552(a)(4)(A)(ii)Fee categories — news media, educational, and all others

5 U.S.C. § 552(a)(4)(A)(iii)Fee waivers when disclosure is in the public interest

5 U.S.C. § 552(a)(4)(B)Judicial review — de novo in federal district court

5 U.S.C. § 552(a)(4)(E)Attorney's fees and litigation costs for prevailing requesters

5 U.S.C. § 552(a)(6)(A)Twenty business day response deadline

5 U.S.C. § 552(a)(6)(C)Failure to meet deadline = constructive exhaustion

5 U.S.C. § 552(a)(6)(E)Expedited processing for compelling need

5 U.S.C. § 552(a)(8)(A)Foreseeable harm standard (FOIA Improvement Act of 2016)

5 U.S.C. § 552(b)Nine enumerated exemptions — must be narrowly construed; segregable portions must be released

Case Law

Dep't of the Air Force v. Rose

425 U.S. 352 (1976)

FOIA "seeks to permit access to official information long shielded unnecessarily from public view." The Act's exemptions must be narrowly construed.

U.S. Dep't of Justice v. Reporters Comm. for Freedom of the Press

489 U.S. 749 (1989)

The burden of justifying nondisclosure rests with the agency. FOIA's central purpose is to ensure an informed citizenry.

Vaughn v. Rosen

484 F.2d 820 (D.C. Cir. 1973)

When an agency withholds records, it must provide a detailed index correlating each withheld document to the specific exemption claimed — known as a Vaughn index.

Milner v. Dep't of the Navy

562 U.S. 562 (2011)

FOIA exemptions are defined by their plain text; courts should not expand exemptions beyond their statutory language.

The Nine FOIA Exemptions

Agencies may only withhold records under one of these exemptions. Demand the specific exemption for each withheld record:

National security — information classified under an Executive Order

Internal personnel rules — and practices of an agency

Statutory exemptions — information specifically exempted by another federal statute

Trade secrets — and confidential commercial or financial information

Privileged communications — inter-agency or intra-agency memoranda (attorney-client, deliberative process, etc.)

Personal privacy — information that would constitute a clearly unwarranted invasion of personal privacy

Law enforcement — investigatory records compiled for law enforcement purposes

Financial institutions — examination, operating, or condition reports of regulated financial institutions

Geological data — wells — geological and geophysical information concerning wells

Even if an exemption applies, the agency must release all reasonably segregable non-exempt portions. 5 U.S.C. § 552(b).

Tips for Federal FOIA Requests

Find the right agency

Each agency has its own FOIA office. Use FOIA.gov to find the correct submission address, or call the agency's FOIA Public Liaison.

Be as specific as possible

Vague requests trigger "perfection" letters and delay. Include names, dates, file numbers, offices, and subject matter.

Request a fee waiver

If the records serve the public interest and you are not seeking them for commercial purposes, you likely qualify. Explain why in your letter.

Be prepared for delays

Despite the 20-day deadline, many agencies have backlogs of months or years. Follow up regularly and reference your tracking number.

Appeal denials

If denied, you may file an administrative appeal (usually within 90 days). If the appeal is denied, you may sue in federal district court. Prevailing requesters can recover attorney's fees.

If Your Request Is Denied or Ignored

You have two escalation paths. First, file an administrative appeal with the agency (deadlines vary, typically 90 days). Second, if the appeal is denied or the agency fails to respond, you may bring a civil action in federal district court under 5 U.S.C. § 552(a)(4)(B). The court reviews the case de novo — meaning it decides fresh, giving no deference to the agency's decision — and may award attorney's fees and costs to a prevailing requester.

Federal FOIA Request