Federal FOIA requests for surveillance policies and contracts

Choose federal FOIA for federal agency records

FOIA.gov says generally any person may request federal agency records, regardless of U.S. citizenship. Special statutory limits apply to certain foreign-government requests to intelligence-community agencies. This guide does not require a U.S.-residency claim. FOIA.gov: requester and identity requirements · U.S. Code: FOIA statute

Federal FOIA concerns covered federal agencies, not a city police department or a state agency. Congress and federal courts are excluded from its agency definition. Use the state guides for state or local records, and the relevant court-record process for court documents. DOJ: procedural requirements

First check the agency's reading room and published policies. If the record is not posted, identify the agency component holding it and use that office's current FOIA instructions. There is no single government office holding every agency's records. A written request should reasonably describe existing records; no universal form is required. FOIA.gov: making a request

Understand the determination clock

Section 552(a)(6) ordinarily requires a determination within twenty days excluding Saturdays, Sundays and legal public holidays. The clock begins at the appropriate component, no later than ten days after a designated receiving component in the same agency receives a proper request. One reasonable clarification request, or necessary fee clarification, can toll the clock until the requester responds. U.S. Code: FOIA statute

This is not a universal twenty-day delivery promise. DOJ's procedural guide distinguishes a sufficient determination from physical production, while records still must be made promptly available. A receipt or tracking number alone should not be treated as a completed substantive determination. DOJ: procedural requirements

For defined unusual circumstances, the agency can give written reasons and an expected determination date for an extension up to ten working days. If more time is needed, the statute provides for an opportunity to narrow the request or arrange another timeframe, with liaison and OGIS assistance. It is not an unlimited extension triggered merely by calling a request complex. U.S. Code: FOIA statute

Check fee categories and the actual schedule

Commercial-use requests can carry search, duplication and review charges. Qualifying noncommercial educational/scientific and news-media requests generally have duplication charges; other requesters generally face search and duplication. The statute provides the applicable first-two-search-hours and first-hundred-pages allowances for noncommercial categories, and qualified advance payment for a prior late payer or an estimate exceeding $250. Other fee-setting statutes can apply. U.S. Code: FOIA statute

A fee category and a public-interest fee waiver are different questions. DOJ's fee guide explains that waiver requests need facts showing a significant contribution to public understanding of government and that disclosure is not primarily in the requester's commercial interest. A cost limit or a claim of interest alone does not establish a waiver. DOJ: fees and fee waivers

The statute limits certain charges after missed deadlines, but preserves exceptions involving timely unusual-circumstances notice, qualified requests exceeding 5,000 pages and court-recognized exceptional circumstances. Do not assume every delayed request becomes entirely free. Ask the agency for the category, rate, work and legal basis. U.S. Code: FOIA statute

Copy and adapt this initial request

Replace each bracket and narrow the date range. Choose only relevant existing record categories. A contractor relationship does not make every private company file an agency record. This template requests agency records within FOIA's scope; the format preference applies when readily reproducible. U.S. Code: FOIA statute

Download request template (.txt)

Keep personal-record and expedited requests separate

FOIA.gov describes additional identity certification for records about oneself, and authorization or other privacy considerations for records about another person. Follow the agency's official secure process when that applies. Do not insert a Social Security number, identity document or another person's private details into this general governance template. FOIA.gov: requester and identity requirements

Expedited processing requires the statutory compelling need or an agency's additional qualifying ground, with the required truthful certification. DOJ explains that the ten-day clock decides whether to expedite, not whether all records must be delivered. A granted request is processed as soon as practicable. This sample does not claim urgency or certify facts for the requester. DOJ: expedited-processing decision

Review a denial and preserve the appeal route

Follow the agency's adverse determination and current appeal instructions. The statute requires a requester appeal period of at least ninety days after the adverse determination; the agency's decision on appeal ordinarily has a separate twenty-working-day clock, subject to applicable extensions. These are different clocks. Ask for the exemption basis and reasonably segregable portions where material is withheld. U.S. Code: FOIA statute

DOJ's appeal guidance covers withheld records, no-records findings, formats, fees and expedition. It also distinguishes interim releases from the final determination: not appealing an earlier interim response does not forfeit the ability to challenge that issue after the final determination. Keep the request, receipt, released records and all decision letters together. DOJ: administrative appeals

OGIS offers neutral, voluntary dispute resolution and says it may assist at any point in the administrative process. Its role is to help parties resolve a dispute, not act as either party's advocate. National Archives: OGIS mediation

OGIS says it cannot compel release, enforce FOIA or replace an administrative appeal. Its assistance page asks requesters to try the agency's service center, liaison and appeal process, then provide relevant copies and a tracking number. Keep the applicable appeal deadline in view while seeking help. National Archives: requesting OGIS help

Federal court review is available under section 552(a)(4); missed statutory time limits can affect administrative exhaustion under section 552(a)(6). Those provisions do not automatically order disclosure or remove all procedural requirements. This template is an initial records request, not an appeal, litigation filing or guarantee of court fees. U.S. Code: FOIA statute