FOIA Request Example: Sample Letter, Fee Waivers, and Appeals

A FOIA request example is just a short letter: it names the agency’s FOIA officer, cites 5 U.S.C. § 552, describes the records you want in concrete terms, states your fee category and a dollar cap on fees, and gives the agency a way to reach you. You don’t need a lawyer, and any person can file one. The template below works for any federal agency, and the sections after it walk through the pieces you’ll actually need to customize.

Sample FOIA Request Letter

The Federal Trade Commission publishes a sample letter that works as a solid model for any agency.¹ Adapted, it looks like this:

Freedom of Information Act Request
[Agency FOIA Officer or Office Name]
[Agency Address]
[City, State, ZIP]

Dear FOIA Officer:

This is a request under the Freedom of Information Act, 5 U.S.C. § 552. I request that copies of the following records be provided to me: [describe the records as specifically as possible, including date ranges, names, subject matter, and any identifying numbers you have].

To help determine my fee category, I am a [describe yourself: individual seeking records for personal use / representative of the news media / affiliated with an educational or scientific institution / making this request for commercial purposes].

I am willing to pay fees up to $[amount]. If you expect fees will exceed this amount, please contact me before proceeding.

[Optional: I request a waiver of all fees for this request. Disclosure of this 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 my commercial interest. (Include specific explanation.)]

If you need to discuss this request, I can be reached at [phone number] or [email address]. Thank you for your consideration.

Sincerely,
[Your Name]
[Your Mailing Address]
[City, State, ZIP]

Every element agencies look for is in there. The records description is the most important part; the rest is mostly filling in blanks.

Describing the Records You Want

This is where most requests succeed or fail. The statute requires you to “reasonably describe” the records, meaning a staff member familiar with the subject should be able to locate the files without heroic effort.² Vague or sweeping requests can be closed without a search.

Give dates, names, locations, subject matter, and any case or reference numbers you have. Instead of “all records about pollution in Ohio,” write “inspection reports and enforcement actions related to [Company Name]’s facility at [address] between January 2022 and December 2025.” That kind of specificity gives the FOIA officer a clear target.

One boundary worth knowing: agencies aren’t required to create new records, do research, or answer questions in response to a FOIA request.² You’re asking for existing documents, not a report or an explanation. If your description is too vague, the agency will contact you for clarification, and the response clock pauses until you reply.

Sending It to the Right Agency

FOIA is decentralized. Over 100 federal agencies each handle their own requests, so a letter sent to the wrong place won’t get your records, though many agencies will forward it or point you elsewhere.³

Start at FOIA.gov, which lets you browse every federal agency and find its FOIA contact information, submission instructions, and any specific requirements.⁴ Think about which department oversees the activity you’re investigating: environmental records sit with the EPA, immigration files with USCIS, tax records with the IRS.

FOIA applies only to federal executive branch agencies. It does not cover Congress, federal courts, state or local governments, or private companies. Many states have their own public records laws, but those are separate statutes with their own procedures.

Fees and Fee Caps

What you pay depends on why you want the records. The statute sets three categories.⁵

Commercial requesters pay for search time, document review, and duplication. This is the most expensive category.
Educational institutions, noncommercial scientific institutions, and news media pay only for duplication, and the first 100 pages are free.
Everyone else (individuals, nonprofits) pays for search time and duplication, but the first two hours of search and the first 100 pages of duplication are free.

Most personal requests fall in the third category, and many stay within the free allowance entirely. Duplication at most agencies runs about $0.10 to $0.15 per page. An agency also can’t charge you if collecting the fee would cost as much as the fee itself.⁵

Always include a fee cap. Stating “I am willing to pay up to $25” (or whatever you’re comfortable with) prevents surprise charges. If the agency estimates costs will exceed your cap, it will contact you before processing, and you can decide whether to narrow the request or agree to higher fees.

Asking for a Fee Waiver

You can ask the agency to waive fees entirely if disclosure serves the public interest. The statutory test has two parts: the information must be likely to contribute significantly to public understanding of government operations, and the request must not be primarily for commercial gain.⁵ Journalists and researchers routinely qualify. If you plan to publish or share your findings, say so specifically and explain how the information will reach a broader audience.

How to Submit

Most federal agencies accept electronic submissions through web forms, email, and fax.² You can also file with any covered agency through the FOIA.gov portal.⁶ Electronic filing is faster and gives you immediate confirmation.

Paper mail still works. Send it certified so you have proof of delivery. Check the agency’s FOIA page for the correct address, because sending your letter to the agency’s general mailroom rather than its FOIA office can delay processing. Label the envelope and the letter itself “Freedom of Information Act Request.”

Either way, the agency will send an acknowledgment with a tracking number. Save it. You’ll need it to check status or reference in any follow-up.

What Happens After You File

Federal agencies have 20 working days to respond after their FOIA office receives the request, weekends and federal holidays excluded.⁵ The clock starts on receipt, not when you mail.

Two things pause it. The agency can toll the deadline once to ask for information it reasonably needs to process the request, and it can toll it as many times as needed to sort out fees. The clock resumes when you respond.

The deadline can also be extended by up to 10 additional working days for “unusual circumstances,” which the statute limits to three: records stored at a separate facility, a large volume of distinct records, or a required consultation with another agency or internal component.⁵ The agency has to notify you in writing when it invokes this.

Many agencies also run a multi-track system: straightforward requests go into a “simple” queue, larger ones into a “complex” queue, each first-come, first-served. If yours lands in the complex track, the agency should offer you a chance to narrow it so it can move to the simple track.

Requesting Expedited Processing

If the standard timeline won’t work, you can ask for expedited processing, but the bar is high. You must show a “compelling need,” which the statute limits to two situations: a delay could reasonably be expected to threaten someone’s life or physical safety, or you’re a journalist and there’s urgency to inform the public about government activity.⁵

Include a certified statement in your letter explaining why you qualify. The agency has to decide within 10 calendar days of receiving the request. If granted, the request moves to a separate fast track. If denied, you can appeal that decision or challenge it in court.

If Records Are Withheld

FOIA carries a strong presumption of disclosure, but nine exemptions let agencies withhold certain records: classified national security material, internal personnel rules, information another statute protects, trade secrets, privileged inter-agency communications, personal privacy files, sensitive law enforcement records, financial regulator reports, and geological well data.⁵ Even when an exemption applies, the agency can only withhold if it reasonably foresees a specific harm from release, or if another law prohibits disclosure.⁷ Embarrassment or speculation isn’t enough.

Partial withholding is common. The agency releases the document but redacts the pieces that fall under an exemption, and the denial letter has to say which exemptions it’s relying on.

Appealing a Denial

If the agency denies your request in whole or in part, your first step is an administrative appeal. The statute guarantees at least 90 days from the date of the denial to file, and some agencies allow more.⁵ Check the denial letter for the specific deadline and instructions.

The appeal letter can be short. Address it to the official named in the denial, reference your original request and tracking number, identify what you’re challenging, and explain why the exemption claims are wrong or too broad. The agency has 20 working days to decide.⁵

Filing the appeal isn’t optional if you want to go further. It’s almost always required before you can sue in federal court; skipping it usually gets the case dismissed. The one exception is when the agency missed its statutory deadline on the original request, in which case you’re treated as having exhausted your remedies and can go straight to court.⁵

At any point, you can also ask the Office of Government Information Services, a neutral mediator at the National Archives, to help resolve a dispute with the agency.⁸ Every denial letter is required to inform you of that right.

1
Federal Trade Commission. Sample FOIA Request Letter
2
FOIA.gov. Freedom of Information Act: Frequently Asked Questions
3
FOIA.gov. FOIA.gov – Freedom of Information Act
4
FOIA.gov. Freedom of Information Act Wizard
5
Office of the Law Revision Counsel. 5 USC 552 – Public Information; Agency Rules, Opinions, Orders, Records, and Proceedings
6
FOIA.gov. FOIA.gov – Freedom of Information Act
7
Department of Justice. OIP Guidance: Applying a Presumption of Openness and the Foreseeable Harm Standard
8
National Archives. Mediation Program