FREEDOM OF INFORMATION ACT REQUEST
(Comprehensive Template – Federal, 5 U.S.C. § 552)
[// GUIDANCE: This template purposefully mirrors a contract-style architecture to (i) satisfy the user-requested outline and (ii) provide practitioners with modular, plug-and-play sections. For a shorter, letter-format FOIA request, simply retain Sections I, III, VI, VIII, and X and delete the balance.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Freedom of Information Act Request Letter
Date: [DATE]
To:
[FOIA OFFICER NAME]
[AGENCY NAME]
[FOIA OFFICE STREET ADDRESS]
[AGENCY CITY, STATE ZIP]
E-Mail: [FOIA OFFICE E-MAIL]
From:
[REQUESTER NAME]
[REQUESTER TITLE & ORGANIZATION (if any)]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE]
E-Mail: [REQUESTER E-MAIL]
Re: Request for Records Concerning [BRIEF SUBJECT DESCRIPTION]
Recitals
A. The Requester seeks access to Federal agency records pursuant to the Freedom of Information Act, 5 U.S.C. § 552 (the “Act”).
B. The Requester submits this Request to obtain public disclosure of the records described herein and, where applicable, to secure timely processing, fee limitation, and/or waiver rights provided by the Act.
Effective Date. This Request is effective on the date first written above (the “Effective Date”).
Jurisdiction. Issues arising under or relating to this Request shall be governed exclusively by federal law, specifically the Act, and subject to judicial review in the United States District Court(s) specified in Section 8.
2. DEFINITIONS
For purposes of this Request, capitalized terms have the meanings set forth below:
“Act” means the Freedom of Information Act, 5 U.S.C. § 552, as amended.
“Agency” means [AGENCY NAME], including all component offices, bureaus, divisions, and subordinate units that maintain possession or control of the requested Records.
“Business Day” means any day other than Saturday, Sunday, or a federal legal holiday.
“Expedited Processing” has the meaning set forth in 5 U.S.C. § 552(a)(6)(E)(i).
“Fee Waiver” means a waiver or reduction of fees under 5 U.S.C. § 552(a)(4)(A)(iii).
“Records” includes any information that qualifies as an agency record subject to the Act, regardless of physical form or characteristics, including without limitation writings, memoranda, e-mails, electronic files, audio recordings, photographs, data sets, and meta-data.
“Requester” means the individual or entity identified in Section 1 as the submitting party.
3. OPERATIVE PROVISIONS
3.1 Request for Specific Records.
The Requester hereby requests that the Agency conduct a reasonable search and promptly disclose the following Records:
(a) [DETAILED, ITEM-BY-ITEM DESCRIPTION OF EACH RECORD REQUESTED, WITH DATE RANGES, KEYWORDS, FILE TYPES, ETC.];
(b) Any indices, inventories, guides, or record-keeping systems that would assist in locating responsive Records; and
(c) All segregable portions of otherwise exempt Records.
3.2 Scope of Search.
a. Timeframe. Search all Records dated or created from [START DATE] through [END DATE].
b. Locations. Search all paper and electronic record systems reasonably likely to contain responsive Records, including e-mail servers, shared drives, individual custodians’ files, cloud-based repositories, and backup systems.
c. Alternate Formats. If certain Records are more readily available in a form other than that requested, produce them in their original form as well as in the form requested, to the extent practicable.
3.3 Preferred Format of Production.
Produce all responsive, non-exempt Records electronically in native format with corresponding load files, delimited text, and searchable OCR, unless producing such format would impose an undue burden.
3.4 Fee Category & Limitation.
Requester is a [SELECT ONE: “representative of the news media” | “educational or non-commercial scientific institution” | “all other”]. Pursuant to 5 U.S.C. § 552(a)(4)(A)(ii), the Agency may assess only the following fees: [INSERT APPLICABLE FEE STRUCTURE]. Requester agrees to pay fees up to US $[CAP AMOUNT]. If estimated fees exceed this cap, the Agency shall provide an itemized written estimate and obtain written authorization before proceeding.
3.5 Fee Waiver Request (Optional).
Requester respectfully seeks a Fee Waiver because (i) the disclosure of the requested information is in the public interest and not primarily for commercial gain, and (ii) such disclosure is likely to contribute significantly to public understanding of governmental operations. Detailed justification appears in Exhibit A.
3.6 Expedited Processing (Optional).
Requester requests Expedited Processing pursuant to 5 U.S.C. § 552(a)(6)(E)(i) on the grounds that [SELECT ONE: “there is an imminent threat to the life or physical safety of an individual” | “there is an urgency to inform the public concerning actual or alleged Federal Government activity and the Requester is a person primarily engaged in disseminating information”]. Supporting facts are set forth in Exhibit B.
3.7 Rolling Production.
To avoid delay, the Agency shall produce responsive Records on a rolling basis as they are located and processed, rather than waiting to complete the entire review before making the first release.
3.8 Exemptions & Segregability.
If the Agency withholds any portion of a Record based on an exemption, it shall:
a. Identify each applicable exemption provision;
b. Provide a reasonably specific explanation of how the exemption applies;
c. Release all reasonably segregable non-exempt portions; and
d. Produce a detailed Vaughn index sufficient to permit de novo review.
3.9 Preservation of Records.
The Agency shall take all reasonable steps to prevent the loss, removal, or destruction of any potentially responsive Records pending resolution of this Request, any administrative appeal, or subsequent judicial action.
3.10 Method of Delivery.
Deliver all productions electronically to [E-MAIL OR FTP DETAILS] or, if necessary, on encrypted USB flash drive sent to the address listed in Section 1.
4. REPRESENTATIONS & WARRANTIES
4.1 Identity. Requester represents that the contact information provided herein is accurate and complete.
4.2 Purpose. Requester warrants that the information requested is sought for lawful purposes consistent with the Act.
4.3 Compliance. Requester represents that submission of this Request complies with all applicable Agency regulations implementing the Act.
4.4 Survival. The representations and warranties in this Section shall survive any administrative or judicial proceedings arising from this Request.
5. COVENANTS & RESTRICTIONS
5.1 Payment Covenant. Subject to the Fee Limitation in Section 3.4, Requester agrees to remit payment of properly assessed, statutorily-authorized fees within thirty (30) calendar days of invoice.
5.2 Clarification Obligation. Requester shall promptly respond to reasonable Agency inquiries necessary to perfect the scope of search or clarify ambiguous aspects of this Request.
5.3 No Commercial Redistribution (Optional). Requester covenants not to market or resell any responsive Records for profit without the Agency’s prior written consent, except where redistribution constitutes protected First Amendment activity.
6. DEFAULT & REMEDIES
6.1 Agency Default. Each of the following constitutes an “Agency Default”:
a. Failure to (i) make a determination or (ii) produce non-exempt Records within twenty (20) Business Days (or for an expedited request, within ten (10) calendar days) after the Effective Date, subject to permissible statutory extensions;
b. Assessment of unauthorized fees in excess of those permitted by the Act; or
c. Unlawful withholding of Records.
6.2 Notice & Cure. Upon Agency Default, Requester shall provide written notice and allow five (5) Business Days for cure, unless statutorily excused.
6.3 Administrative Appeal. If the Agency fails to cure, Requester may file an administrative appeal pursuant to 5 U.S.C. § 552(a)(6)(A)(i). The appeal shall (i) identify the Request, (ii) specify the Agency’s action or inaction being challenged, and (iii) state the relief sought.
6.4 Judicial Enforcement. If the Agency denies the administrative appeal or fails to act within the statutory period, Requester may file a civil action in the U.S. District Court for the [DISTRICT COURT NAME] seeking injunctive relief compelling disclosure, fees, and costs under 5 U.S.C. § 552(a)(4)(F)–(G).
6.5 Attorneys’ Fees & Costs. In any judicial action, the court may award reasonable attorneys’ fees and other litigation costs to the prevailing party as provided in 5 U.S.C. § 552(a)(4)(E).
7. RISK ALLOCATION
7.1 Fees (Processing Only). The sole monetary exposure assumed by Requester is the payment of statutorily-authorized search, review, and duplication fees, subject to the cap in Section 3.4.
7.2 No Indemnification. Neither party provides indemnity to the other.
7.3 Force Majeure. Deadlines may be equitably tolled where either party is delayed by acts of God, war, terrorism, or other events beyond reasonable control.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Request and any dispute hereunder shall be governed exclusively by the Act and other applicable federal law.
8.2 Forum Selection. Jurisdiction and venue shall lie in the United States District Court for the [DISTRICT COURT NAME] or any other district court of proper venue under 28 U.S.C. § 1391(e).
8.3 Arbitration. Arbitration is not available for FOIA disputes.
8.4 Jury Waiver. FOIA actions are tried to the court; jury trial is unavailable.
8.5 Injunctive Relief. Nothing herein shall limit Requester’s right to seek preliminary or permanent injunctive relief compelling the disclosure of Records.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment to this Request must be in writing and signed by Requester.
9.2 Assignment. Requester may assign rights arising out of this Request only with the Agency’s written consent, except assignment to counsel of record for litigation purposes.
9.3 Severability. If any provision of this Request is held invalid, the remainder shall remain in full force and effect.
9.4 Integration. This Request constitutes the entire agreement between the parties regarding its subject matter, superseding all prior oral or written communications.
9.5 Counterparts; Electronic Signatures. This Request may be executed in multiple counterparts and via electronic or facsimile signature, each deemed an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Requester hereby executes this Freedom of Information Act Request as of the Effective Date.
[REQUESTER NAME]
Title: [REQUESTER TITLE]
Organization: [ORGANIZATION (if any)]
Date: [DATE]
[// GUIDANCE: Notarization is not required for a FOIA request, but practitioners may add a verification page if seeking expedited processing or addressing privacy-protected records.]
EXHIBIT A – FEE WAIVER JUSTIFICATION
[Insert detailed, fact-specific argument addressing each element of 5 U.S.C. § 552(a)(4)(A)(iii).]
EXHIBIT B – EXPEDITED PROCESSING STATEMENT
[Set forth facts demonstrating (i) urgency to inform the public or (ii) threat to life or safety, with supporting documentation.]
[// GUIDANCE: Prior to submission, confirm the Agency’s specific FOIA regulations (usually at 32 C.F.R., 40 C.F.R., or 45 C.F.R. for many agencies) for address, contact details, and any supplemental certification requirements.]