FOIA Request

FREEDOM OF INFORMATION ACT REQUEST

(Federal — 5 U.S.C. § 552)

PRACTITIONER NOTES

1. Send the request to the correct agency component. A request must reasonably describe the records and comply with the agency's published FOIA rules concerning where and how to submit it. Use FOIA.gov to locate the agency's instructions.
2. Request existing agency records, not answers. FOIA does not require an agency to create a new record, conduct research, analyze data, or answer questions.
3. The 20-working-day period is a determination deadline, not a production deadline. Under 5 U.S.C. § 552(a)(6)(A)(i), the agency generally must determine whether it will comply and provide the required notice within 20 working days. Responsive records must be made promptly available after a determination to comply.
4. Agency rules matter. Fee procedures, identity verification, additional expedited-processing standards, and appeal procedures may vary by agency.
5. A Vaughn index is not due with the initial response. It is a litigation device. The statute instead requires the agency to state the basis for an adverse determination and address segregability and deletions.

Delete all optional language and bracketed instructions that do not apply.

REQUEST LETTER

Date: [DATE]

To:
[FOIA OFFICER OR OFFICE]
[AGENCY NAME AND COMPONENT]
[MAILING OR ELECTRONIC SUBMISSION ADDRESS]

From:
[REQUESTER NAME]
[TITLE AND ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Freedom of Information Act Request — [SUBJECT]

Dear FOIA Officer:

Pursuant to the Freedom of Information Act, 5 U.S.C. § 552, I request the records described below.

1. Records Requested

Please provide the following existing agency records:

1. [DESCRIBE THE RECORD OR RECORD SET PRECISELY.]
2. [IDENTIFY THE RELEVANT DATE RANGE, SUBJECT, OFFICE, CUSTODIAN, CONTRACT OR CASE NUMBER, AND OTHER LOCATORS.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

For clarity, this request covers records from [START DATE] through [END DATE] and concerns [SUBJECT, PROGRAM, EVENT, TRANSACTION, OR DECISION]. Suggested search terms and likely custodians are provided only to assist the search and do not narrow the itemized descriptions unless expressly stated:

• Likely custodians/offices: [LIST]
• Suggested search terms: [LIST]
• Likely record systems: [LIST, IF KNOWN]

If any portion of this request does not reasonably describe the records sought, please contact me so that I may clarify or narrow it.

2. Form and Delivery

Under 5 U.S.C. § 552(a)(3)(B), please provide the records in the following form or format, to the extent they are readily reproducible in that form or format: [SEARCHABLE PDF / NATIVE ELECTRONIC FILES / CSV / OTHER].

Please deliver electronic records to [EMAIL OR SECURE TRANSFER DETAILS]. If electronic delivery is not practicable, please contact me before using another delivery method.

I request rolling releases as responsive records become available.

3. Fees

Requester category (select and explain one):

• ☐ Commercial-use requester: search, duplication, and review fees may apply.
• ☐ Educational or noncommercial scientific institution, for a noncommercial scholarly or scientific research purpose: duplication fees may apply.
• ☐ Representative of the news media, for a noncommercial request: duplication fees may apply.
• ☐ Other requester: search and duplication fees may apply.

Category justification: [FACTS SUPPORTING THE SELECTED CATEGORY]

I agree to pay properly assessed fees up to $[AMOUNT]. If estimated fees will exceed that amount, please provide a written estimate and allow me to narrow the request or authorize additional fees before incurring them.

Optional Fee-Waiver Request

I request a waiver or reduction of fees under 5 U.S.C. § 552(a)(4)(A)(iii). Disclosure is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest because:

1. Government operation or activity: [IDENTIFY THE OPERATION OR ACTIVITY.]
2. Likely contribution to public understanding: [EXPLAIN WHAT THE RECORDS WILL REVEAL AND HOW THAT ADDS TO EXISTING PUBLIC KNOWLEDGE.]
3. Ability and intent to disseminate: [IDENTIFY THE AUDIENCE, PUBLICATION METHOD, EXPERIENCE, OR DISTRIBUTION PLAN.]
4. Commercial interest: [EXPLAIN THE ABSENCE OF A COMMERCIAL INTEREST OR WHY THE PUBLIC INTEREST PREDOMINATES.]

4. Optional Expedited-Processing Request

I request expedited processing under 5 U.S.C. § 552(a)(6)(E) because:

• ☐ Failure to obtain the records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or
• ☐ I am primarily engaged in disseminating information, and there is an urgency to inform the public concerning actual or alleged federal government activity.

Supporting facts: [PROVIDE SPECIFIC, CURRENT FACTS ESTABLISHING THE SELECTED GROUND AND URGENCY.]

I certify that the foregoing expedited-processing statement is true and correct to the best of my knowledge and belief.

5. Withholdings and Segregability

If the agency withholds any information, please:

1. identify the FOIA exemption or other legal prohibition relied upon;
2. explain the basis for the adverse determination;
3. disclose all reasonably segregable nonexempt information after taking the reasonable steps required by 5 U.S.C. § 552(a)(8)(A); and
4. indicate the amount of information deleted and the exemption relied upon at the place of deletion when technically feasible and when doing so would not harm a protected interest.

Please also apply the foreseeable-harm standard in 5 U.S.C. § 552(a)(8)(A)(i).

6. Response and Assistance

Please provide the determination and notices required by 5 U.S.C. § 552(a)(6)(A)(i). If you anticipate unusual-circumstances processing beyond the statutory period, please provide the written notice required by § 552(a)(6)(B) and contact me to discuss reasonable narrowing or an alternative processing schedule.

Please provide the tracking number for this request and contact information for the agency's FOIA Public Liaison. I welcome contact at [EMAIL/PHONE] if that would help resolve a question about scope, format, or fees.

Thank you for your consideration.

Sincerely,

__________________________________
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

POST-SUBMISSION AND APPEAL NOTES

• Initial determination: The general deadline is 20 working days after receipt by the appropriate component, subject to statutory tolling and unusual-circumstances provisions. This does not guarantee production within 20 working days. See 5 U.S.C. § 552(a)(6)(A)(i), (B), (C).
• Adverse determination: The agency's notice must describe appeal rights, allow an appeal period of at least 90 days, and identify available dispute-resolution assistance. See § 552(a)(6)(A)(i)(III).
• Administrative appeal: The agency generally must determine an appeal within 20 working days. See § 552(a)(6)(A)(ii). Follow the agency's regulations and the denial letter's instructions.
• Constructive exhaustion: Failure to comply with an applicable statutory time limit may constitute exhaustion, subject to the exceptional-circumstances and due-diligence provisions in § 552(a)(6)(C). Obtain legal advice before filing suit.
• Judicial review and venue: Under § 552(a)(4)(B), suit may be filed in the federal district where the complainant resides or has a principal place of business, where the records are situated, or in the District of Columbia. The court may enjoin withholding and order production of improperly withheld agency records.
• Attorney fees and costs: Section 552(a)(4)(E) permits an award against the United States when the complainant has substantially prevailed; it does not promise fees merely for filing or winning an administrative appeal.
• Expedited processing: The agency must decide an expedited-processing request within 10 calendar days and, if granted, process it as soon as practicable. See § 552(a)(6)(E)(ii)–(iii).

CURRENT OFFICIAL SOURCES

• 5 U.S.C. § 552, United States Code, 2024 Edition (GovInfo)
• FOIA.gov, “How to Make a FOIA Request”
• U.S. Department of Justice, Office of Information Policy, Guide to the Freedom of Information Act (procedural chapters updated through 2025; attorney-fees chapter updated May 27, 2026)