Using the Freedom of Information Act (FOIA)

The Freedom of Information Act (5 U.S.C. §552) allows you to force the government to disclose information just by sending them a letter demanding the information and requesting access to it. FOIA is a favorite tool amongst investigative reporters, informed citizens and part time thorns in the side across the county. You can use it on any government agency at any level of government.

The letter does not have to take on a specific format, but some FOIA letters are better than others. The example below is what SITCIOT uses to obtain documents and is highly effective. To use it, simply copy and paste it into your word processor and replace the bracketed information with the proper information and sent it via Certified Mail, Return Receipt Requested by mail. Don’t forget to remove the embedded instructions (the two paragraphs that start with “NOTE:” in all caps) and delete any irrelevant or improper paragraphs.

You can put the letter on letterhead if you have such, otherwise, be sure to add your mailing address to the letter in the relevant place.

[ AGENCY NAME ]
Attn: FOIA Compliance Officer
[ AGENCY FULL MAILING ADDRESS ]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
ARTICLE NO. 0000-0000-0000-0000-0000

Date: [ TODAYS DATE ]

To Whom It May Concern:

Pursuant to The Freedom of Information Act (FOIA), 5 U.S.C. §552 et seq., I hereby request that you search both your automated and general (older, manual) indices for any and all records of any kind and in any format concerning [ DESCRIBE THE SPECIFIC INFORMATION YOU WANT, BUT USE TERMS BROAD ENOUGH TO NOT RULE OUT RECORDS ON THE SUBJECT, BUT NOT SO BROAD THAT EVERYTHING IS RESPONSIVE ].

Furthermore, I request that you reproduce (copy) and deliver (disclose) any responsive records to me in printed format (or in another format, if reducing same to paper would be impossible) at the following address and within the time frame provided for in 5 U.S.C. §552(a)(6)(A)(i):

FOIA Response Processing
Attn: [ YOUR NAME ]
[ YOUR FULL MAILING ADDRESS ]

For the purposes of my request, the term “records” has the meaning given in 5 U.S.C. §552(f)(2). Additionally, the term “record” and “records” is used interchangeably herein.

If I am to incur fees or costs of any kind relating to your processing of this request, I hereby authorize and request that you invoice me for said fees and costs - if they will amount to fifty dollars ($50.00) or less - and process my request. I promise to remit payment promptly upon receipt of such an invoice. If the fees and costs will exceed fifty dollars, I request that you advise me of the total costs in writing before processing my request.

Pursuant to 5 U.S.C. §552(a)(4)(v), I certify under the penalties and pains of perjury that I have not at any time in the past, knowingly or intentionally failed to pay fees related to any request made under 5 U.S.C. §552 et seq.

NOTE: You may wish to reduce or enlarge the amount shown above based on your financial situation, expected quantity of responsive documents, etc. Make sure you change the amount shown numerically and alphabetically in BOTH places.

Pursuant to 5 U.S.C. §552(a)(4)(iii), I hereby request that, where possible, documents be furnished “without any charge or at a charge reduced below the fees established” because “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government”. I hereby certify under the penalties and pains of perjury that any information disclosed as a result of this request will not be used in a manner likely to result in a commercial or financial gain.

NOTE: Remove the paragraph above if it does not apply to your request. If used improperly, the above paragraph could result in very bad things happening to you, the government doesn’t like being screwed out of its [massively inflated over actual cost] photocopying fees!

In the event that my request is denied in whole or in part for any reason, I hereby request that you cite the specific section of 5 U.S.C. §552 (or other statute or regulation) that justifies your refusal to disclose the requested records. In the event that a document should contain both releasable and non-releasable information, I request that you make redactions as needed - citing your specific justification for each redaction - and produce the redacted document.

Pursuant to 5 U.S.C. §552(a)(6)(C), I hereby request that any notification of denial “set forth the names and titles or positions of each person responsible for the denial”.

Pursuant to 5 U.S.C. §552(a)(6)(F), I hereby request that you “estimate the volume of any requested matter the provision of which is denied” and “provide any such estimate” to me. If you refuse to provide this estimate for any reason, I request that you notify me of this fact in writing and state your specific reasons for such refusal.

Pursuant to 5 U.S.C. §552(a)(6)(A)(i), I hereby request that you notify me in writing of my right to appeal.

If you have any questions about this request or need clarification, I may be reached by telephone at [ YOUR TELEPHONE ] during normal business hours or by mail at the address provided above.

Thank you in advance for your anticipated cooperation.

Respectfully yours,

[ YOUR FULL NAME ]