Federal FOIA Request

[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:

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) ("It seeks to permit access to official information long shielded unnecessarily from public view").

Response Deadline

Under 5 U.S.C. § 552(a)(6)(A)(i), the agency generally must determine whether it will comply with this request within twenty (20) business days of receipt and immediately notify me of that determination and the reasons for it. This is a determination-and-notice deadline, not a guarantee that all responsive records will be produced within twenty days. If unusual circumstances require more time, the agency must provide the written notice required by § 552(a)(6)(B), including the expected determination date and, when necessary, an opportunity to narrow the request or arrange an alternative processing schedule.

If the agency misses an applicable statutory time limit, the requester may be deemed to have constructively exhausted administrative remedies while no determination has issued. If the agency responds before suit is filed, the requester ordinarily must use the administrative appeal identified in the response before going to 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). Please describe the withheld material and basis with enough detail to permit a meaningful administrative appeal. A formal Vaughn index is generally a litigation device rather than something automatically required with an agency's initial response. 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:

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:

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. After satisfying any applicable administrative-exhaustion requirement, a requester may challenge a withholding in United States district court under 5 U.S.C. § 552(a)(4)(B). The court reviews the withholding de novo and may order production. A court may assess reasonable attorney's fees and litigation costs when the requester substantially prevails. 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. An agency may withhold under a discretionary exemption only when it reasonably foresees harm to an interest protected by that exemption; withholding also remains proper when disclosure is prohibited by law. 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]