The Complete Guide to FOIA and the Privacy Act: How to Obtain Government Records with the National Security Law Firm

The Freedom of Information Act (FOIA) is one of the most powerful tools available to individuals, businesses, journalists, and advocacy groups seeking transparency from the federal government. Whether you are investigating government misconduct, appealing a security clearance denial, requesting law enforcement records, or accessing critical documents for legal defense, FOIA provides the legal right to obtain federal agency records—unless they are specifically exempt.

While the law is designed to promote transparency, the FOIA process can be frustratingly slow, complex, and riddled with bureaucratic obstacles. Federal agencies frequently delay responses, deny requests, overuse exemptions, and improperly withhold information—making it difficult to access the records you are legally entitled to receive.

At National Security Law Firm (NSLF), we are the nation’s leading FOIA law firm, specializing in requests, appeals, and litigation against government agencies that fail to comply with transparency laws. Our attorneys are former government employees, military officers, and national security lawyers who understand exactly how agencies process FOIA requests—and how to counter agency tactics to get the documents you need quickly and efficiently.

This comprehensive guide will walk you through every stage of the FOIA process—from filing a request to litigating a denial in court. Whether you are new to FOIA or need advanced strategies for handling government roadblocks, this guide provides everything you need to know to successfully obtain records from federal agencies.

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Why Choose the National Security Law Firm for Your FOIA Case?

When it comes to FOIA requests, appeals, and litigation, experience matters. The National Security Law Firm (NSLF) is the leading law firm for FOIA cases, offering unmatched experience, insider knowledge, and a proven track record of success. Here’s why we’re the best choice to handle your FOIA case:

1. Former Government Insiders with Unique Knowledge

Our attorneys are former federal employees, retired judges, and military lawyers who have worked inside the very agencies that handle FOIA requests. We know exactly how government agencies process (and often delay or deny) FOIA requests. With this insider perspective, we anticipate agency tactics and strategically counter them to get results.

2. Extensive FOIA Experience

We have filed thousands of FOIA requests and litigated numerous FOIA lawsuits against some of the most powerful federal agencies. Whether you need help crafting a request, appealing a denial, or taking legal action, our team has the knowledge and skill to maximize your chances of success.

3. National Security & Classified Information Expertise

As security clearance lawyers, we have deep experience handling sensitive government records. We understand how national security exemptions and classified information impact FOIA cases, allowing us to navigate complex legal barriers and fight for disclosure while protecting sensitive rights.

4. Aggressive FOIA Litigation & Appeals

Government agencies frequently deny, delay, or improperly redact FOIA responses. Unlike firms that simply process requests, we fight back—filing administrative appeals, legal challenges, and lawsuits to hold agencies accountable. Our attorneys know the court system, understand FOIA litigation strategies, and win cases.

5. Unparalleled Results & Five-Star Reputation

NSLF has secured the release of high-profile government records, exposed agency misconduct, and forced transparency through successful FOIA lawsuits. Our five-star reviews and client testimonials reflect our dedication to results, responsiveness, and relentless pursuit of justice.

6. We Handle Every Stage of the FOIA Process

Whether you need help with filing a request, responding to agency delays, appealing a denial, or litigating in federal court, NSLF is a one-stop shop for FOIA representation. Our legal team can step in at any stage to ensure compliance, force disclosure, and protect your rights.

7. Nationwide Representation

FOIA applies to federal agencies across the U.S., and we represent clients nationwide. No matter where you are located, our team can take on your FOIA case and fight for the records you need.

8. Affordable & Flexible Legal Options

We believe government transparency shouldn’t be limited to those who can afford expensive legal battles. That’s why we offer affordable flat fees and flexible payment options, including legal financing that allows you to pay over 3 to 24 months.

What is FOIA?

The Freedom of Information Act (FOIA) is a federal law that grants the public the right to access records from any federal government agency. Enacted in 1966, FOIA was designed to promote transparency and accountability by allowing individuals, businesses, journalists, and organizations to request and obtain government information.

Under FOIA, agencies are required to disclose requested records unless the information falls under one of nine exemptions protecting interests such as national security, personal privacy, and law enforcement investigations.

Key Features of FOIA

• Applies to Federal Agencies – FOIA covers all executive branch agencies, including the Department of Defense (DoD), Department of Homeland Security (DHS), Federal Bureau of Investigation (FBI), Central Intelligence Agency (CIA), and more. However, it does not apply to Congress, the federal courts, or state and local governments.
• Presumption of Disclosure – The government must disclose records unless they fall within a specific exemption or exclusion authorized by law.
• Electronic Access to Records – Agencies must proactively publish certain documents online, such as final opinions in legal cases, administrative policies, and frequently requested records.
• Right to Appeal and Litigate – If an agency denies or improperly withholds records, requesters have the right to file an administrative appeal or sue in federal court to compel disclosure.

Why Does FOIA Matter?

FOIA is a critical tool for ensuring government transparency and accountability. It has been used to uncover government misconduct, expose wasteful spending, and provide insight into federal decision-making processes. From investigative journalists revealing classified policies to businesses seeking regulatory records, FOIA empowers individuals to hold the government accountable.

Common Reasons for Requesting FOIA

The Freedom of Information Act (FOIA) empowers individuals, businesses, journalists, and organizations to access federal government records. People file FOIA requests for a variety of reasons, ranging from investigative journalism to legal defense and business intelligence. Below are some of the most common reasons individuals and organizations request government records under FOIA.

1. Government Accountability & Oversight

One of the primary purposes of FOIA is to hold federal agencies accountable. Requesters often use FOIA to:

• Investigate government corruption or misconduct
• Examine how public funds are being spent
• Review internal agency policies and procedures
• Uncover lobbying efforts and influence over policy decisions

Journalists, watchdog groups, and advocacy organizations frequently rely on FOIA to ensure that agencies follow the law and serve the public interest rather than private or political agendas.

2. Security Clearance & Background Investigations

Individuals who have undergone a security clearance investigation may request their own investigation file to:

• Understand why a clearance was denied or revoked
• Identify inaccurate or outdated information in their background check
• Review adjudication records and appeal decisions

At National Security Law Firm (NSLF), we specialize in security clearance-related FOIA requests, helping clients navigate the bureaucratic process and secure crucial records for appeals and legal challenges.

3. Immigration & Visa Records

Individuals seeking immigration benefits or defending against removal proceedings may file FOIA requests for:

• Copies of A-Files (immigration records)
• Visa and green card application records
• Notes from USCIS interviews
• Border crossing history from Customs and Border Protection (CBP)

These records can be critical evidence in immigration cases, helping individuals prove eligibility for relief or correct errors in their files.

4. Law Enforcement & Criminal Defense Records

Defendants, attorneys, and legal advocates frequently use FOIA to obtain:

• FBI and DOJ case files related to past investigations
• Arrest records, surveillance logs, and witness statements
• Prosecutorial policies that could affect a criminal defense
• Brady material (exculpatory evidence the government may have withheld)

NSLF has extensive experience filing FOIA requests for law enforcement records to assist individuals in legal proceedings, expungement petitions, and wrongful conviction cases.

5. Military & Veteran Records

FOIA is often used by veterans, service members, and their families to obtain:

• Military service records (DD-214, personnel files, discharge paperwork)
• Documents related to VA benefits and disability claims
• Court-martial records and investigative reports

These records are crucial for veterans seeking discharge upgrades, benefits appeals, or legal protections under military law.

6. Business & Competitive Intelligence

Companies use FOIA to obtain government records that can help them:

• Understand federal regulations and compliance requirements
• Gain insights into government contracts and procurement processes
• Investigate agency enforcement actions against competitors
• Access industry-related environmental or safety data

Businesses, particularly in defense, healthcare, and finance, leverage FOIA to make strategic decisions and ensure compliance with regulatory frameworks.

7. Global Entry, TSA PreCheck, and Trusted Traveler Programs

Individuals who have been denied or revoked from Global Entry, TSA PreCheck, or other trusted traveler programs can use FOIA to:

• Obtain reasons for the denial
• Access their TSA or CBP travel history
• Challenge incorrect or unfair determinations

NSLF assists clients with FOIA requests related to Global Entry and TSA PreCheck appeals, ensuring access to critical records for successful challenges.

8. Environmental & Public Health Research

Environmental groups, scientists, and activists use FOIA to obtain:

• EPA reports on pollution and climate data
• Public health studies and regulatory actions
• Chemical safety assessments for consumer products

FOIA has been instrumental in exposing environmental hazards and forcing agencies to disclose health risks to the public.

9. Whistleblower & Employment Disputes

Federal employees, contractors, and private-sector workers often file FOIA requests for:

• Personnel records and disciplinary actions
• Evidence of whistleblower retaliation
• Internal agency communications affecting employment status

At NSLF, we help federal employees and whistleblowers access the records they need to defend their careers and challenge unfair agency actions.

10. Historical & Declassified Records

Researchers, historians, and private citizens file FOIA requests for:

• Declassified CIA, NSA, and FBI records
• Presidential archives and historical documents
• Government memos related to Cold War, Vietnam War, and other major events

FOIA enables the public to uncover important historical truths and access records that shape our understanding of national history.

What Information Can Be Requested Under FOIA

You can request all kinds of information under the FOIA. While agencies might decide to redact or withhold certain documents, don’t let that stop you from making your request. Below are just a few general categories of information you might request:

• Decisions by government officials (memos, policy papers, reports, etc.)
• Official polices and guidelines
• Communications (emails, letters, notes, etc.)
• Data and maps
• Government contracts
• Video and audio recordings
• Records of investigations
• Agency records about you or your organization
• Social media surveillance

Some state public records laws might allow you to request other types of information like voting records, legislative records, congressional transcripts, drafts of bills, and more, depending on the state.

How FOIA Relates to Privacy Act Requests

The Freedom of Information Act (FOIA) and the Privacy Act of 1974 are two critical laws that grant individuals access to government records, but they serve different purposes and have distinct applications. Understanding the relationship between these laws is essential for those seeking government records, particularly when requesting personal information.

Key Differences Between FOIA and the Privacy Act

1. Scope of Records Access

• FOIA allows any person (U.S. citizens, foreign nationals, journalists, businesses, organizations) to request access to federal agency records, except those protected under specific exemptions.
• The Privacy Act is more limited, granting S. citizens and lawful permanent residents the right to access and amend records that the government maintains about them in a “system of records.”

2. Types of Records Covered

• FOIA applies to all federal agency records, regardless of whether they contain personal information.
• The Privacy Act only applies to records about an individual that are retrieved by a personal identifier (e.g., name, Social Security number, employee ID).

3. Purpose of the Request

• FOIA requests can be made for any reason—government accountability, business research, legal cases, etc.
• The Privacy Act is focused on individuals accessing their own records for personal reasons, such as correcting inaccurate information.

4. Exemptions & Restrictions

• FOIA has nine exemptions, allowing agencies to withhold records for reasons such as national security, law enforcement, or internal agency rules.
• The Privacy Act has 12 exemptions, allowing the government to restrict access to certain law enforcement and classified records.

5. Ability to Amend Records

• FOIA does not provide a mechanism for individuals to correct or amend
• The Privacy Act allows individuals to request corrections to inaccurate or incomplete records held about them by federal agencies.

6. Who Can Make a Request?

• FOIA: Open to everyone (U.S. and foreign individuals, journalists, businesses, attorneys, organizations).
• Privacy Act: Only U.S. citizens and lawful permanent residents can request their own records.

When Should You Use FOIA vs. the Privacy Act?

• If you want general government records (e.g., agency policies, reports, historical data) → Use FOIA.
• If you need access to your own records held by a federal agency → Use the Privacy Act.
• If you want to correct or amend incorrect government records about yourself → Use the Privacy Act.
• If you’re requesting information that may be exempt under FOIA (e.g., classified security clearance records) → You may need to file under both FOIA & the Privacy Act.

Can You File a FOIA and Privacy Act Request Together?

Yes! In many cases, it is best to file under both FOIA and the Privacy Act to maximize your chances of obtaining records. Many agencies automatically process Privacy Act requests under FOIA as well, but it’s best to specify that you are seeking disclosure under both statutes.

For example, if you are requesting your FBI file, military records, or security clearance adjudication records, submitting both a FOIA and Privacy Act request ensures that the agency cannot deny the request solely on Privacy Act grounds.

Common Privacy Act Requests That Overlap with FOIA

• FBI, CIA, or NSA files on an individual.
• Military service records (including discharge upgrades).
• Security clearance investigations & background check files.
• Law enforcement records related to an individual.
• Immigration and visa records (e.g., DHS, USCIS, ICE files).
• Employment records from a federal agency.
• No-fly list or watchlist status inquiries.

Using FOIA for Government Accountability

The Freedom of Information Act (FOIA) is one of the most powerful tools available for government transparency and accountability. By allowing individuals, journalists, watchdog organizations, and legal professionals to access federal records, FOIA ensures that the public can monitor government actions, expose corruption, and hold agencies accountable for their decisions.

How FOIA Promotes Government Transparency

FOIA plays a crucial role in ensuring that government agencies operate in the public interest rather than behind closed doors. It allows requesters to:

• Uncover government misconduct and abuses of power
• Investigate wasteful spending and fraud
• Ensure compliance with federal laws and regulations
• Expose influence from lobbyists and special interest groups
• Shed light on law enforcement and intelligence operations

Through FOIA, citizens and organizations can scrutinize the actions of government agencies and prevent secrecy from undermining democracy.

Examples of FOIA in Action

FOIA has been instrumental in uncovering some of the most significant government scandals and policy failures. Some well-known examples include:

• Watergate Scandal – FOIA was used to obtain records that helped expose the Nixon administration’s abuses of power.
• Pentagon Papers – Declassified government records revealed misleading information about U.S. involvement in Vietnam.
• Torture and Interrogation Methods – FOIA requests uncovered details about the CIA’s use of enhanced interrogation techniques after 9/11.
• Flint Water Crisis – FOIA records revealed delays and negligence by government officials in addressing lead contamination in Flint, Michigan’s water supply.
• Lobbying Influence – FOIA has been used to expose how corporations and special interest groups shape government policies behind the scenes.

These cases demonstrate the immense power of FOIA in bringing government misconduct to light.

Who Uses FOIA for Government Accountability?

Many individuals and organizations rely on FOIA to ensure transparency and expose wrongdoing. Some of the key users of FOIA for accountability include:

• Investigative Journalists – News organizations use FOIA to report on government corruption, cover-ups, and hidden policies.
• Government Watchdogs – Nonprofit organizations like the American Civil Liberties Union (ACLU), Judicial Watch, and the Electronic Frontier Foundation (EFF) use FOIA to challenge unlawful government actions.
• Attorneys & Whistleblowers – Lawyers representing whistleblowers or those challenging federal decisions use FOIA to obtain critical evidence.
• Academics & Researchers – Scholars use FOIA to access historical records and analyze government policies.
• Citizens & Activists – Anyone can file a FOIA request to demand answers from the government on issues affecting their lives.

Common FOIA Requests for Government Accountability

FOIA requests can help expose misconduct, reveal hidden policies, and force government agencies to be transparent. Some common FOIA requests for accountability include:

• Internal government emails and communications regarding controversial decisions
• Reports on police misconduct and use of force policies
• Records of surveillance and data collection on U.S. citizens
• Financial disclosures and government spending records
• Documents related to environmental and public health policies
• Records of classified programs or military operations that affect public safety

FOIA & National Security: Balancing Transparency with Secrecy

While FOIA is designed to promote transparency, government agencies often withhold records under national security exemptions. Agencies like the FBI, CIA, NSA, and Department of Defense (DoD) frequently deny FOIA requests by citing:

• Classified national security concerns (Exemption 1)
• Internal agency deliberations (Exemption 5, “deliberative process privilege”)
• Law enforcement techniques and investigations (Exemption 7)

However, not all denials are legally justified. Agencies sometimes overuse exemptions to block access to embarrassing or politically sensitive information. At NSLF, we challenge unlawful FOIA denials by filing administrative appeals and FOIA lawsuits to ensure that agencies comply with the law.

How to Make a FOIA Request

The Freedom of Information Act (FOIA) grants the public the right to access federal government records, but filing a proper FOIA request is crucial to ensure a timely and successful response. Below is a step-by-step guide on how to draft and submit a FOIA request.

Step 1: Identify the Correct Agency

Each federal agency processes its own FOIA requests. It’s important that you identify the correct agency for your request. There are over 100 agencies and each is responsible for handling its own FOIA requests. To improve your chances of receiving responsive records:
✅ Determine which agency holds the records – If you’re requesting FBI records, submit your request to the FBI, not the Department of Justice.
✅ Check agency-specific FOIA procedures – Each agency has different submission formats and processing times.
✅ Use FOIA.gov to find contact information – This site provides direct links to agency FOIA offices with specific instructions for each agency.

You can also search for federal executive agencies using the United States Government Manual, which lists all federal agencies, describes their functions, and provides the address of each. If you are unsure, you can always make FOIA requests to more than one agency.

👉 Tip: If you are unsure which agency has the records, NSLF can help pinpoint the correct agency and submit requests to multiple agencies if necessary.

Step 2: Clearly Describe the Records You Want

A FOIA request must “reasonably describe” the records sought. The more specific your request, the faster the response. Key details to include:

• Date range – Provide a specific timeframe (e.g., “records from January 1, 2020, to December 31, 2022”).
• Keywords and subject matter – Be precise about what you’re looking for.
• Types of documents – Specify whether you want emails, reports, memos, or other records.
• File formats – Request documents in electronic format if preferred.

📌 Example of a Well-Written Request:
“I request all emails, internal memos, and investigative reports from January 1, 2021, to December 31, 2022, related to [subject] from the [specific department] at [agency]. Please include records  in their original electronic format, including metadata.”

👉 Avoid vague requests like:
“All records related to [broad topic].”
This can lead to delays or outright rejections.

Step 3: Specify Your Fee Category & Request a Fee Waiver (If Applicable)

FOIA processing fees vary based on your requester category:

• Commercial requesters (e.g., businesses) pay search, review, and duplication fees.
• News media and educational institutions pay only duplication fees after the first 100 pages.
• Individuals may pay search and duplication fees.

To reduce costs:
✅ Request a fee waiver if disclosure is in the public interest.
✅ Ask for a fee estimate before processing to avoid unexpected costs.
✅ Limit the scope of your request to reduce fees.

📌 Example Fee Waiver Request:
“I request a fee waiver under 5 U.S.C. § 552(a)(4)(A)(iii), as disclosure will significantly contribute to public understanding of government operations and is not for commercial interest.”

FOIA Fees and Waivers: What You Need to Know

When submitting a FOIA request, you are not required to explain why you are seeking the information. However, agencies may charge fees based on your requester category. These categories typically include:

• Commercial Users: Charged for search, duplication, and review costs.
• News Media Representatives: Typically charged only for duplication fees beyond a certain number of pages.
• Educational and Noncommercial Scientific Institutions: Generally charged only for duplication beyond a set limit.
• Individuals: Fees may vary, but requesters are often responsible for search and duplication costs.

Requesting a Fee Waiver

If you can show that releasing the requested records would significantly benefit the public, you may qualify for a fee waiver or reduction. To improve your chances of obtaining a waiver, explain how the information will contribute to public understanding of government operations and why it is not primarily in your commercial interest.

Agencies may ask for additional details to determine the appropriate fee category or assess eligibility for a waiver. Providing clear, relevant information upfront can help streamline the process and minimize costs.

Step 4: Submit Your FOIA Request to the Correct Agency

Most agencies accept FOIA requests via:
📧 Email or online submission – Preferred for speed and tracking.
📬 Mail or fax – Slower but necessary for certain agencies.

Use the agency’s FOIA website or FOIA.gov to find submission details.

👉 NSLF Pro Tip: Always request a tracking number to monitor your request’s progress.

Step 5: Track Your Request & Follow Up

After submitting your FOIA request, agencies have 20 business days to respond (excluding weekends and holidays). However, in practice, many requests take months or longer.

To track and follow up:

• Use gov or the agency’s tracking system.
• Send follow-up emails if there’s no response within the timeframe.
• If delays persist, consider filing an appeal or taking legal action.

👉 Need faster results? NSLF can file follow-ups, appeals, and lawsuits to enforce compliance.

Step 6: Handling FOIA Denials & Exemptions

If your FOIA request is denied, the agency must cite a legal exemption and provide an explanation. Common FOIA exemptions include:

• National security (Exemption 1)
• Internal agency communications (Exemption 5)
• Law enforcement records (Exemption 7)

If you receive a denial, excessive redactions, or no response, you can:
✅ File an administrative appeal within the agency.
✅ Litigate in federal court if the appeal is denied.

👉 NSLF specializes in FOIA appeals and lawsuits to challenge improper denials.

 

Where to Find an Agency’s FOIA Regulations The Code of Federal Regulations (CFR) is a collection of rules that federal executive branch agencies operate under. These regulations are published in the Federal Register and are organized into 50 titles, divided into chapters that correspond to different agencies. Each chapter is further subdivided into parts covering specific regulatory areas. For example, regulations governing the U.S. Fish & Wildlife Service’s FOIA Office, part of the Department of the Interior, can be found in Title 43, Chapter II, Part 2 and are cited as 43 CFR § 2. Below is a more comprehensive list of federal agencies and the CFR citations for their FOIA regulations, including links to the official statutes: Federal Agencies ●     Agency for International Development (USAID): 22 CFR § 212 ●     Animal and Plant Health Inspection Service (Dept. of Agriculture): 7 CFR § 1.1 ●     Army Corps of Engineers (Dept. of Defense): 32 CFR § 518 ●     Bonneville Power Administration (Dept. of Energy): 10 CFR § 1004 ●     Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF): 27 CFR § 71 ●     Bureau of Consumer Financial Protection (CFPB): 12 CFR § 1070 ●     Bureau of Land Management (Dept. of Interior): 43 CFR § 2 ●     Bureau of Reclamation (Dept. of Interior): 43 CFR § 2 ●     Commodity Futures Trading Commission (CFTC): 17 CFR § 145 ●     Department of Agriculture: 7 CFR § 1.1 ●     Department of Education: 34 CFR § 5 ●     Department of Energy: 10 CFR § 1004 ●     Department of Health and Human Services (HHS): 45 CFR § 5 ●     Department of Homeland Security (DHS): 6 CFR § 5 ●     Department of Housing and Urban Development (HUD): 24 CFR § 15 ●     Department of Justice (DOJ): 28 CFR § 16 ●     Department of Labor (DOL): 29 CFR § 70 ●     Department of the Treasury: 31 CFR § 1.1 ●     Environmental Protection Agency (EPA): 40 CFR § 2 ●     Export-Import Bank: 12 CFR § 404 ●     Federal Aviation Administration (FAA): 14 CFR § 11 ●     Federal Communications Commission (FCC): 47 CFR § 0.441 ●     Federal Deposit Insurance Corporation (FDIC): 12 CFR § 309 ●     Federal Trade Commission (FTC): 16 CFR § 4.9 ●     National Aeronautics and Space Administration (NASA): 14 CFR § 1206 ●     National Archives and Records Administration (NARA): 36 CFR § 1250 ●     National Labor Relations Board (NLRB): 29 CFR § 102.117 ●     Nuclear Regulatory Commission (NRC): 10 CFR § 9.17 ●     Securities and Exchange Commission (SEC): 17 CFR § 200.80 ●     Social Security Administration (SSA): 20 CFR § 402 Military Branches and Defense Agencies ●     Department of Defense: 32 CFR § 285, 32 CFR § 286 ●     United States Army: 32 CFR § 518 ●     United States Navy: 32 CFR § 701 ●     United States Marine Corps: 32 CFR § 701 ●     United States Air Force: 32 CFR § 806 ●     United States Space Force: Follows Air Force FOIA regulations ●     Defense Intelligence Agency (DIA): 32 CFR § 319 ●     National Security Agency (NSA): 32 CFR § 299 ●     Central Intelligence Agency (CIA): 32 CFR § 1900 Law Enforcement and Immigration Agencies ●     Federal Bureau of Investigation (FBI): 28 CFR § 16.3 ●     Bureau of Prisons (BOP): 28 CFR § 513 ●     United States Marshals Service (USMS): 28 CFR § 16.32 ●     Immigration and Customs Enforcement (ICE): 6 CFR § 5 ●     Customs and Border Protection (CBP): 6 CFR § 5 ●     Secret Service (USSS): 31 CFR § 1.10 ●     Drug Enforcement Administration (DEA): 28 CFR § 16.3 This list provides an expanded overview of where to find an agency’s FOIA regulations, ensuring you know where to look when submitting a request. Be sure to check the official Electronic Code of Federal Regulations (eCFR) for the most up-to-date information.

Tips & Tricks for Submitting FOIA Requests

Submitting a FOIA request may seem straightforward, but small mistakes can lead to delays, excessive redactions, or outright denials. At National Security Law Firm (NSLF), we’ve filed thousands of FOIA requests and know exactly how to draft and submit them for maximum success. Below are expert tips and tricks to improve your chances of getting the records you need—quickly and with minimal pushback.

1. Be Specific and Narrow in Your Request

One of the biggest mistakes people make when filing a FOIA request is being too broad. Agencies do not conduct research for you—they simply retrieve existing records. If your request is too vague, they may reject it for being “overly burdensome” or take months to process.

✅ What to do:

• Specify names, dates, and keywords related to your request.
• If possible, identify specific offices or divisions that may hold the records.
• Use case numbers, report titles, or subject lines to pinpoint the documents.

🚫 Avoid:

• “All records related to [broad topic].”
• “Any and all documents mentioning [subject].”

📌 Example of a well-crafted request:
“I request copies of all emails sent between [official’s name] and [agency] from January 1, 2022, to December 31, 2022, containing the keywords ‘classified memo’ or ‘security clearance policy.'”

2. Define “Record”

Defining your terms will help both you and the government agencies identify what you are looking for. For instance, something that you will often see defined in most FOIA requests is the word “Record,” which you could define by writing:

“In this request, ‘Record’ includes, but is not limited to, all records or communications preserved in electronic or written form, such as correspondences, emails, documents, data, videotapes, audio tapes, faxes, files, guidances, guidelines, analyses, memoranda, agreements, notes, orders, policies, procedures, legal opinions, protocols, reports, rules, or manuals.”

3. Submit Your Request to the Right Agency (and the Right Office!)

Different agencies handle different records. If you send your request to the wrong agency, it will be delayed or denied.

✅ What to do:

• Use gov to find the correct agency.
• Research which office within the agency is most likely to have the records.
• If unsure, file with multiple agencies at once.

🚫 Avoid:

• Assuming a single agency has all the records—different agencies share information.
• Sending requests to a general email address if a specific FOIA officer is listed.

👉 NSLF Pro Tip: If you’re not sure which agency holds the records, we can help pinpoint the right one and file requests strategically.

4. Request Records With Metadata

By default, agencies may send scanned PDFs that strip metadata and make searching difficult.

✅ What to do:

• Where relevant, ask for records to be produced in both paper and thier original electronic format (e.g., Excel, CSV, or native email format).
• Specifically request metadata, which may include timestamps, sender/recipient data, and revision history.

📌 Example request language:
“Please provide the requested records in both paper and original electronic format (e.g., Excel, CSV, or native email format), including metadata. If the records exist as Excel files, please provide them in .xlsx format rather than PDFs.”

👉 Why this matters: Metadata can reveal crucial details, such as whether documents were altered or when they were created.

5. Request a Fee Waiver (If Applicable)

FOIA requests can get expensive, especially if they involve large amounts of data. However, you may qualify for a fee waiver or fee reduction if your request serves the public interest.

✅ What to do:

• If you are a journalist, researcher, or nonprofit, request a fee waiver
• If you do not qualify, ask for a fee estimate before processing begins.

📌 Example fee waiver request:
“I request a fee waiver under 5 U.S.C. § 552(a)(4)(A)(iii), as the disclosure of the requested information is in the public interest and will contribute significantly to the understanding of government operations.”

🚫 Avoid:

• Ignoring potential fees—agencies may reject or delay your request until you agree to pay.

👉 NSLF Pro Tip: We know how to craft strong fee waiver requests to minimize costs and maximize results.

6. Use the “Three-Strike Rule” for Follow-Ups

Government agencies routinely delay FOIA requests, but persistence pays off.

✅ What to do:
1️⃣ Send a follow-up email if you don’t get an acknowledgment within 10 business days.
2️⃣ Call the agency’s FOIA office after 30 days to check on status.
3️⃣ If still no response after 60 days, send a firm letter threatening an appeal or legal action.

👉 NSLF Pro Tip: If your request drags on for months, we can escalate the issue by filing administrative appeals or litigating in court.

7. Avoid Common Reasons for Denial

Even well-written FOIA requests can get denied based on various legal exemptions. Agencies often overuse these exemptions to withhold more than they should.

🚫 Common FOIA Denial Reasons & How to Counter Them:

• Exemption 1: National Security → Narrow your request to unclassified
• Exemption 4: Confidential Business Information → Argue that disclosure is in the public interest.
• Exemption 5: Internal Agency Memos → Request final versions of documents rather than drafts.
• Exemption 7: Law Enforcement Records → Request segregable portions instead of the entire document.

👉 NSLF Pro Tip: We routinely challenge improper FOIA denials through appeals and lawsuits.

8. Know When to Appeal (and When to Sue)

If your FOIA request is denied, heavily redacted, or ignored, you have legal options.

✅ What to do:

• File an administrative appeal within the agency.
• If the appeal is denied, take the agency to federal court.

🚀 When to escalate:

• If your request is ignored for over 30 business days.
• If you receive excessive redactions.
• If the agency refuses to conduct a proper search.

👉 NSLF Pro Tip: Our attorneys specialize in FOIA litigation and have successfully sued federal agencies to force compliance.

9. Consider Filing a State Open Records Requests

Each state also has its own open records laws. Depending on the state, you may be able to get certain records more quickly from a state open records request. Check your state open records statute for more information.

10. Document Everything and Create a Record for Appeal.

To maximize the effectiveness of your FOIA request, follow these key best practices:

1. Document Every Interaction: Whenever you communicate with agency personnel by phone, always ask for their name and confirm the correct spelling. Let them know you are noting it down—this establishes accountability and ensures accurate record-keeping.
2. Follow Up in Writing: After every phone conversation, send a follow-up email or letter summarizing the key points discussed. Request that they correct any misunderstandings in writing. This creates a paper trail that can be referenced later if needed.
3. Keep Copies of Everything: Maintain organized records of all correspondence, including your original request, responses from the agency, and any additional follow-ups. Having a comprehensive file will help you track progress and support your case in case of delays or disputes.
4. Stay Professional and Strategic: If you encounter a bureaucrat who appears unwilling to provide the information you are lawfully entitled to, do not argue or become confrontational. Instead, focus on documenting your interactions thoroughly so that you have a strong record for review at the next level of appeal. Engaging in a dispute may not only be unproductive but could also damage the administrative record you need to succeed in an appeal.
5. Understand the Challenges Faced by FOIA Staff: FOIA officers often have complex responsibilities, balancing legal, factual, and policy considerations. They may face issues such as conflicting court decisions, limited resources, or the need to coordinate with other agencies. Initially, give them the benefit of the doubt and attempt to collaborate to resolve any problems. However, if continued resistance suggests intentional obstruction, shift your focus to ensuring that your record is well-documented for future review.

While these may seem like simple steps, they are often overlooked even by experienced requesters. By consistently applying these practices, you increase the likelihood of receiving the documents you seek and strengthening your position if challenges arise.

Common Problems with FOIA Requests

Filing a FOIA request might seem straightforward, but in reality, delays, denials, and excessive redactions often stand in the way of obtaining government records. Agencies frequently misinterpret FOIA requirements, withhold records without justification, or stall the process through bureaucratic obstacles. Understanding these common problems and how to counter them is key to a successful FOIA request.

1. Excessive Delays & Missed Deadlines

The Problem:

• FOIA requires agencies to respond within 20 business days, yet many requests take months or even years to process.
• Agencies may claim a backlog, state they need more time due to “unusual circumstances,” or simply ignore requests.
• Some agencies fail to send acknowledgment letters, leaving requesters unsure if their request is being processed.

How to Fix It:

✅ Follow up frequently. After 20 business days, send a status request to the FOIA officer. If ignored, escalate to higher-level agency officials.
✅ Request expedited processing if the request involves matters of urgency (e.g., public safety, government misconduct).
✅ File an administrative appeal if the agency fails to respond within the required timeframe.
✅ If all else fails, take legal action—a FOIA lawsuit can force an agency to comply.

2. Overuse of FOIA Exemptions

The Problem:

• Agencies frequently overuse FOIA exemptions (e.g., national security, internal deliberations, privacy) to withhold records improperly.
• Redactions may be excessive, unjustified, or inconsistently applied across similar cases.
• Agencies may invoke Exemption 5 (deliberative process) to shield embarrassing or controversial information.

How to Fix It:

✅ Challenge improper redactions. Agencies must provide a Vaughn Index, detailing why exemptions apply.
✅ File an administrative appeal demanding segregability—agencies must release non-exempt portions of records.
✅ Use prior FOIA case law to challenge overbroad exemption claims.
✅ If necessary, litigate—many agencies withdraw excessive redactions once a lawsuit is filed

3. Requests Being “Lost” or Ignored

The Problem:

• Agencies often claim they never received the request or fail to acknowledge it.
• Requests are mishandled, routed to the wrong office, or buried in backlogs.
• Some agencies intentionally stall by misfiling requests.

How to Fix It:

✅ Track your request. Always submit via certified mail, email, or online portals that generate a tracking number.
✅ Follow up in writing. If no acknowledgment is received within 10 days, send a follow-up letter demanding confirmation.
✅ Escalate the issue. Contact FOIA Public Liaisons, Chief FOIA Officers, or the Office of Government Information Services (OGIS) for intervention.
✅ If ignored, file a lawsuit. Agencies cannot indefinitely delay responses under FOIA law.

4. Narrow or Overly Broad Searches

The Problem:

• Agencies may conduct an unreasonably narrow search, claiming “no records exist” when they failed to look in the right places.
• Alternatively, requests that are too broad (e.g., “all emails from the past 10 years”) may be rejected as overly burdensome.

How to Fix It:

✅ Be specific. Use keywords, date ranges, and named individuals to guide the agency’s search.
✅ Ask for search parameters. Agencies must disclose which offices/databases they searched if they claim no records exist.
✅ Narrow overly broad requests before agencies reject them outright.
✅ If an agency refuses to search the right places, file an appeal or lawsuit to force compliance.

5. High FOIA Fees & Denied Fee Waivers

The Problem:

• Agencies may demand excessive fees (e.g., thousands of dollars for document retrieval and duplication).
• Fee waivers are often denied arbitrarily, even when requests serve the public interest.

How to Fix It:

✅ Request a fee waiver by explaining how disclosure benefits the public (e.g., media requests, legal transparency).
✅ Limit the scope of your request to reduce processing costs.
✅ Negotiate fee reductions—agencies often lower fees upon request.
✅ If an agency refuses a waiver, appeal the decision or challenge the fees in court.

6. Denial of Expedited Processing

The Problem:

• Agencies often deny expedited processing requests, even when the request meets the legal criteria for urgency.
• This tactic delays records critical to lawsuits, journalism, or public safety concerns.

How to Fix It:

✅ Cite specific legal grounds for urgency (e.g., an imminent threat to public safety or urgent news reporting).
✅ Appeal denials—agencies often reverse decisions when challenged.
✅ If necessary, litigate—courts can order agencies to process requests faster.

7. Incomplete or Withheld Records

The Problem:

• Agencies release only partial records or withhold critical pages without explanation.
• Some responses contain incomplete data, missing attachments, or corrupted files.

How to Fix It:

✅ Demand a complete record set. Agencies must justify withholding pages.
✅ Request a Vaughn Index listing each withheld document and exemption claimed.
✅ If necessary, file a FOIA appeal or sue to obtain full disclosure.

How Long Does the FOIA Process Take?

One of the most common questions people ask when submitting a Freedom of Information Act (FOIA) request is: How long will it take to get a response? Unfortunately, there is no simple answer. The timeline for processing a FOIA request can range from a few weeks to several years, depending on the agency, complexity of the request, and whether delays or legal challenges arise.

1. FOIA Response Time Requirements

Under 5 U.S.C. § 552(a)(6)(A), agencies are required to:

✅ Acknowledge receipt of a FOIA request within 20 business days (excluding weekends and holidays).
✅ Make a determination within that time to either grant the request, deny it, or invoke an extension.
✅ If additional time is needed, notify the requester and explain the delay.

However, many agencies do not comply with these deadlines, leading to significant processing delays.

📌 NSLF Advantage: We track all deadlines, submit follow-ups, and escalate cases to force agency compliance.

2. Factors That Affect FOIA Processing Times

While FOIA law sets deadlines, real-world delays are common. Here’s what influences the actual response time:

Agency Workload & Backlogs

• Some agencies, like the FBI, CIA, and Department of Defense, have massive FOIA backlogs that can delay responses by months or years.
• Agencies that process FOIA requests quickly include the EPA and Department of Education.
• Approximate processing times for simple and complex requests per agency can be found on gov when searching for a relevant agency.

Complexity of the Request

• Simple requests (e.g., a single document or a clear keyword search) may be processed in 30-60 days.
• Complex requests (e.g., thousands of pages, classified materials, national security issues) can take several years.

Need for Inter-Agency Review

• If your request involves multiple agencies or classified information, it may need inter-agency review, adding months to the process.

FOIA Officer Responsiveness

• Some FOIA officers actively process requests, while others ignore them until forced to act.

Litigation & Legal Challenges

• If an agency denies a request, heavily redacts documents, or claims records don’t exist, you may need to appeal or sue, which adds months or years to the timeline.

📌 NSLF Advantage: We know which agencies are prone to delays and use legal pressure to push for faster responses.

3. Estimated FOIA Processing Timelines by Complexity

 

FOIA Request Type	Estimated Timeline
Simple Requests (few pages, no classified info)	30-90 days
Moderate Requests (hundreds of pages, minor redactions)	3-12 months
Complex Requests (thousands of pages, classified materials, national security issues)	1-3 years
Requests with Appeals	6-18 months
FOIA Litigation (lawsuits for denied/delayed records)	1-4 years

⏳ Key Takeaway: The more complex your FOIA request, the longer it will take—unless you use aggressive follow-ups, appeals, or lawsuits.

4. Can You Expedite a FOIA Request?

Under the Freedom of Information Act (FOIA), you have the right to request expedited processing of your request. This means that instead of following the agency’s standard timeline, your request will be prioritized and processed more quickly. However, expedited processing is only granted under specific circumstances where the requester demonstrates a “compelling need.”

To increase your chances of approval, you must clearly justify why your request should be expedited. Federal agencies generally grant expedited processing when:

• The request involves a matter of significant public concern.
• The requested records pertain to an issue that has widespread media coverage and raises questions about government integrity.
• The requester is primarily engaged in disseminating information and can demonstrate an urgent need to inform the public about government activity.
• Delayed disclosure could pose an imminent threat to an individual’s life or safety.

Each agency has its own regulations defining expedited processing, so it is essential to refer to the specific agency’s guidelines and, if possible, cite the applicable regulation in your request.

To make a request for expedited processing, when submitting your FOIA request, include a section specifically requesting expedited processing. Clearly explain why the public needs the requested information urgently. Supporting your request with news articles, government reports, or recent events that highlight the urgency can strengthen your case.

Example Language for Expedited Processing Request:

“The requester is entitled to expedited processing under 5 U.S.C. § 552(a)(6)(E)(i) due to a compelling need for the information. The requested records pertain to government policies affecting public welfare and have been the subject of extensive media coverage. The public has an urgent right to access this information before the upcoming policy debates, allowing for meaningful engagement in the legislative process.”

Agencies often deny expedited processing requests. However, if your request is denied, you are not required to go through an administrative appeal process and can take the matter directly to federal court. If you believe your expedited processing request was improperly denied, consider seeking legal assistance to challenge the decision.

For a full description of what kinds of requests can be granted expedited processing, see 5 U.S.C. 552(a)(6)(E).

5. What to Do If Your FOIA Request Is Delayed

If your FOIA request goes beyond the expected timeframe, here’s how to push for compliance:

✅ Follow up with the agency’s FOIA officer and request a status update.
✅ Contact the FOIA Public Liaison if you’re being ignored.
✅ File an administrative appeal if the agency refuses to act.
✅ Escalate to the Office of Government Information Services (OGIS) for mediation.
✅ Litigate—sue the agency to force compliance under FOIA law.

FOIA Fees & Fee Waivers: What You Need to Know

When submitting a Freedom of Information Act (FOIA) request, you may be required to pay processing fees for searching, reviewing, and copying records. However, not all requests require payment, and fee waivers are available in certain circumstances.

At National Security Law Firm (NSLF), we have handled thousands of FOIA requests and know how to minimize costs while ensuring agencies don’t overcharge or wrongfully deny fee waivers. Below is a breakdown of how FOIA fees work, who qualifies for a waiver, and how to reduce or avoid unnecessary fees.

1. How FOIA Fees Are Determined

Federal agencies charge fees based on the category of requester and the work required to fulfill the request. FOIA fees generally fall into three categories:

Fee Type	Definition	Who Pays?
Search Fees	Time spent locating requested records	Commercial requesters
Review Fees	Time spent reviewing records for release and applying exemptions	Commercial requesters
Duplication Fees	Costs for copying and providing records (physical or digital)	All requesters (except certain fee waivers)

📌 NSLF Advantage: We challenge excessive or unlawful fees to ensure you are not overcharged.

2. FOIA Requester Categories & Fee Rules

FOIA classifies requesters into four categories, each with different fee obligations:

Requester Type	Search Fees	Review Fees	Duplication Fees
Commercial Use Requesters	✅ Yes	✅ Yes	✅ Yes
Educational Institutions & Non-Commercial Scientific Institutions	❌ No	❌ No	✅ Yes (after first 100 pages)
News Media & Journalists	❌ No	❌ No	✅ Yes (after first 100 pages)
General Public & Non-Commercial Requesters	✅ Yes	❌ No	✅ Yes (after first 100 pages)

💡 Tip: If you are a journalist, researcher, or nonprofit, ensure you properly categorize yourself to avoid unnecessary fees.

📌 NSLF Advantage: We strategically categorize requests to qualify for lower fees whenever possible.

3. How to Request a FOIA Fee Waiver

A FOIA fee waiver allows requesters to avoid paying search and duplication fees if their request meets public interest criteria. To qualify, you must prove that:

✅ The information benefits the public, not just the requester.
✅ The information increases public understanding of government operations.
✅ The request is not for commercial or private financial gain.

How to Write a Strong Fee Waiver Request

📌 Sample Fee Waiver Request Statement:
“I request a fee waiver because the disclosure of these records is in the public interest. The information sought will contribute significantly to public understanding of government operations, and my request is not for commercial purposes.”

💡 Tip: Be specific about how the information will be used (e.g., reporting a government issue, public policy analysis, legal research).

📌 NSLF Advantage: Our attorneys craft compelling fee waiver requests to maximize the chances of approval.

4. When FOIA Fees Can Be Reduced or Avoided

Even if you don’t qualify for a full fee waiver, there are ways to reduce FOIA fees:

✅ Request only electronic copies—avoids printing and mailing costs.
✅ Narrow your request—reduces search and review time.
✅ Request fee estimates upfront—so you can modify your request if needed.
✅ Negotiate with the FOIA officer—agencies often agree to reduce costs.
✅ Challenge excessive fees—agencies sometimes overcharge or apply fees improperly.

📌 NSLF Advantage: We negotiate, appeal, and litigate when agencies attempt to wrongfully impose high fees.

5. What to Do If Your FOIA Fee Waiver Is Denied

If an agency denies your fee waiver request, you have options:

✅ File an administrative appeal challenging the denial.
✅ Provide additional justification and ask for reconsideration.
✅ Negotiate to reduce costs based on available alternatives.
✅ Litigate if the denial is arbitrary or unlawful.

FOIA Exemptions Explained: A Comprehensive Guide

The Freedom of Information Act (FOIA) is a powerful tool for obtaining government records, but it also includes nine exemptions that agencies use to withhold certain information. These exemptions balance transparency with the need to protect national security, privacy, law enforcement interests, and sensitive business information. Understanding these exemptions is crucial for drafting effective FOIA requests, challenging improper denials, and pursuing appeals or litigation.

At National Security Law Firm (NSLF), we have extensive experience handling FOIA requests and litigation, particularly in cases involving security clearances, classified information, and government accountability. Below is a detailed breakdown of FOIA’s nine exemptions and strategies for overcoming improper withholdings.

List of federal FOIA exemptions The federal exemptions are listed in a section of the FOIA statute beginning with the small letter “b,” 5 U.S.C. 552(b). Because of this, when a federal agency redacts part of a document, they will label that redaction with the exemption beginning with “b” – for example, “(b)(5)”. The exemptions are: ●     (b)(1): Properly classified information ●     (b)(2): Internal personnel rules and practices ●     (b)(3): Documents exempted by a statute other than FOIA, if exemption is absolute ●     (b)(4): Trade secrets and confidential/ privileged financial information ●     (b)(5): Information that would be privileged in civil discovery, e.g. attorneyclient privilege or inter- or intra-agency documents that reveal deliberative process ●     (b)(6): Personal/medical/similar files which, if revealed, would invade privacy ●     (b)(7): Records compiled for law enforcement purposes ●     (b)(8): Reports prepared by or for the use of agencies that regulate financial institutions ●     (b)(9): Documents that would reveal oil well data

Exemption 1: National Security

Description: (b)(1): Properly classified information

What It Covers: Protects records that are properly classified under an executive order related to national defense or foreign policy.

How It’s Used: Agencies invoke this exemption to deny access to classified materials, such as intelligence reports, diplomatic communications, and military operations details.

How to Challenge It: Agencies must show that the records are properly classified. If an agency misuses this exemption, requesters can:

• Request a Mandatory Declassification Review (MDR).
• Argue that the information is already public.
• Challenge overclassification through an administrative appeal or litigation.

Click here to read the Department of Justice’s detailed Guide to Exemption 1.

Exemption 2: Internal Agency Rules and Practices

Description: (b)(2): Internal personnel rules and practices

What It Covers: Internal personnel rules and administrative procedures with no public interest.

How It’s Used: Agencies use this exemption to withhold mundane records, such as parking regulations or payroll processing guidelines. However, it has been narrowed in scope, and requesters can often argue for disclosure if there is public interest in the policy or practice.

Click here to read the Department of Justice’s detailed Guide to Exemption 2.

Exemption 3: Information Exempt by Other Laws

Description: (b)(3): Documents exempted by a statute other than FOIA, if exemption is absolute

What It Covers: Records that another federal statute specifically prohibits from disclosure.

How It’s Used: Agencies often cite statutes such as:

• Tax Code (26 U.S.C. § 6103) – Protects tax return information.
• Grand Jury Secrecy Rules (Rule 6(e), Federal Rules of Criminal Procedure) – Protects grand jury proceedings.

How to Challenge It: The law must explicitly prohibit disclosure—if it does not, this exemption cannot be applied.

Click here to read the Department of Justice’s detailed Guide to Exemption 3.

Exemption 4: Trade Secrets and Confidential Business Information

Description:  (b)(4): Trade secrets and confidential/ privileged financial information

What It Covers: Sensitive commercial or financial information obtained from private entities.

How It’s Used: This is frequently used to shield government contracts, financial statements, and technical specifications from disclosure.

How to Challenge It: Courts require agencies to prove that disclosure would cause substantial competitive harm to the business. Requesters can:

• Argue that businesses already disclose similar information publicly.
• Demonstrate that disclosure would serve a public interest (e.g., exposing waste, fraud, or abuse in government contracting).

Click here to read the Department of Justice’s detailed Guide to Exemption 4.

Exemption 5: Privileged Inter- and Intra-Agency Communications

Description: (b)(5): Information that would be privileged in civil discovery, e.g. attorney client privilege or inter- or intra-agency documents that reveal deliberative process

What It Covers: Protects internal government communications that would not be available in litigation.

How It’s Used: This exemption covers three privileges:

1. Deliberative Process Privilege – Protects pre-decisional and deliberative records (e.g., draft reports, policy discussions).
2. Attorney-Client Privilege – Shields confidential legal advice within the government.
3. Attorney Work-Product Privilege – Protects legal materials prepared for litigation.

How to Challenge It:

• If the document is final and adopted, it cannot be withheld under this exemption.
• If facts can be separated from opinions, the agency must release the factual portions.

Click here to read the Department of Justice’s detailed Guide to Exemption 5.

Exemption 6: Personal Privacy

Description: (b)(6): Personal/medical/similar files which, if revealed, would invade privacy

What It Covers: Protects private information such as Social Security numbers, medical records, and personnel files.

How It’s Used: Agencies balance privacy interests against the public’s right to know. For example, FOIA cannot be used to access private citizens’ medical records, but it can be used to obtain public officials’ misconduct records if there is public interest.

How to Challenge It:

• If the subject is a public official and disclosure serves public accountability, the exemption may not apply.
• If the information is already public, agencies cannot withhold it under Exemption 6.

Click here to read the Department of Justice’s detailed Guide to Exemption 6.

Exemption 7: Law Enforcement Records

Description: (b)(7): Records compiled for law enforcement purposes

What It Covers: Protects records compiled for law enforcement purposes that could:

• Interfere with an ongoing investigation.
• Violate privacy rights of individuals in law enforcement records.
• Reveal confidential sources or investigative techniques.

How It’s Used: Frequently invoked to withhold FBI, CIA, and other agency files related to national security, criminal investigations, or intelligence operations.

How to Challenge It:

• Request a Vaughn Index, which requires the agency to explain why each record is withheld.
• Argue that an investigation has concluded, making the exemption no longer applicable.

Click here to read the Department of Justice’s detailed Guide to Exemption 7, 7A, 7B, 7C, 7D, 7E, 7F.

Exemption 8: Financial Institutions

Description: (b)(8): Reports prepared by or for the use of agencies that regulate financial institutions

What It Covers: Protects records related to the regulation of financial institutions, such as bank audits and lending records.

How It’s Used: Shields banking records from the public to prevent financial instability or fraud exploitation.

How to Challenge It: If disclosure does not threaten financial institutions or would serve the public interest, this exemption may be challenged.

Click here to read the Department of Justice’s detailed Guide to Exemption 8.

Exemption 9: Geological and Geophysical Information

Description: (b)(9): Documents that would reveal oil well data

What It Covers: Protects information related to oil wells, natural gas deposits, and mineral exploration.

How It’s Used: Often invoked by the Department of the Interior and Energy to withhold oil drilling locations and mineral surveys.

How to Challenge It: This exemption is rarely challenged, but arguments can be made if disclosure would not create commercial harm.

Click here to read the Department of Justice’s detailed Guide to Exemption 9.

Overcoming FOIA Exemptions

If an agency improperly applies a FOIA exemption, requesters can:

• File an Administrative Appeal – Request that the agency reconsider its decision.
• Request a Vaughn Index – Demand an itemized list of withheld documents and the justifications.
• Pursue Litigation – Take the agency to court, where a judge can order disclosure if exemptions are misapplied.

FOIA Exclusions Explained: When Records Are Treated as Nonexistent

While the Freedom of Information Act (FOIA) provides the public with access to government records, it also includes three special exclusions that allow agencies to refuse to confirm the existence of certain records altogether. Unlike FOIA exemptions—which permit the withholding of specific information within responsive records—FOIA exclusions enable the government to act as though certain records do not exist at all in response to a request.

These exclusions are rare and primarily apply to sensitive law enforcement and national security records. At National Security Law Firm (NSLF), we specialize in challenging improper government secrecy and ensuring that agencies do not misuse these exclusions to shield records from public scrutiny. Below is a comprehensive breakdown of FOIA’s three exclusions and strategies for overcoming their improper use.

Exclusion 1: Ongoing Criminal Investigations

What It Covers: This exclusion applies to active law enforcement investigations, specifically when confirming the existence of records could interfere with an ongoing case.

How It’s Used:

• If disclosing the existence of records would tip off a suspect, an agency may legally claim no responsive records exist under this exclusion.
• This is frequently used by agencies such as the FBI and DEA when responding to FOIA requests related to criminal investigations.

How to Challenge It:

• If the investigation is closed, the agency can no longer use this exclusion—requesters can appeal or litigate to force disclosure.
• If there is strong public interest in the case, courts may weigh the need for secrecy against the need for transparency.

Exclusion 2: Confidential Informants

What It Covers: Protects records related to confidential informants, allowing agencies to deny their existence.

How It’s Used:

• Agencies may invoke this exclusion if confirming the existence of records would expose the identity of an informant and put them at risk.
• This is most commonly used by law enforcement agencies like the FBI, ATF, and DEA to protect informants in criminal cases.

How to Challenge It:

• If the informant’s identity has already been publicly confirmed, the exclusion no longer applies.
• If the subject of the request is deceased, courts have ruled that the government may not withhold informant-related records indefinitely.

Exclusion 3: National Security & Foreign Intelligence

What It Covers: Applies to classified records maintained by the FBI that pertain to foreign intelligence, counterintelligence, or international terrorism.

How It’s Used:

• If the existence of records is classified, the FBI may treat them as nonexistent to avoid confirming intelligence operations.
• This exclusion is highly secretive and often difficult to challenge.

How to Challenge It:

• If there is evidence that the records exist, requesters can file an administrative appeal or take the agency to court.
• If similar records have been disclosed in other FOIA cases, the government may be compelled to confirm their existence.

How to Challenge FOIA Exclusions

Because exclusions allow agencies to deny the existence of records, they are difficult to challenge. However, there are legal strategies to expose improper use:

• File an Administrative Appeal: Requesters can argue that records should no longer be excluded if circumstances have changed (e.g., a criminal case has closed).
• Pursue Litigation: Courts can review withheld records in camera (privately) to determine whether an exclusion is justified.
• Use Parallel Requests: If an agency claims records do not exist, requesters can file a FOIA request with another agency that might also have the same records.
• Leverage Publicly Available Information: If a document is referenced in news reports, congressional records, or prior FOIA releases, an agency may be forced to acknowledge its existence.

Click here to read the Department of Justice’s Guide to the FOIA Exclusions.

How to Administratively Appeal a FOIA Denial

If your Freedom of Information Act (FOIA) request has been denied—whether in full or in part—you have the right to file an administrative appeal. The FOIA appeal process allows you to challenge an agency’s decision before taking the matter to court. A strong appeal can correct improper withholdings, force the release of additional records, and potentially avoid costly litigation.

At National Security Law Firm (NSLF), we specialize in FOIA appeals and litigation, helping individuals, journalists, attorneys, and businesses fight government secrecy. Below is a step-by-step guide to navigating the FOIA administrative appeal process.

Step 1: Understand Why Your FOIA Request Was Denied

Before filing an appeal, you must determine why your request was denied. Agencies can withhold records, redact information, or refuse to process a request for several reasons:

• FOIA Exemptions: The agency claims the records are protected under one or more exemptions, such as national security (Exemption 1) or personal privacy (Exemption 6).
• Exclusions: The agency asserts that the requested records do not exist, which may be due to a law enforcement or intelligence exclusion.
• Glomar Response: The agency neither confirms nor denies the existence of the requested records.
• Overly Broad or Burdensome Request: The agency states that the request is too vague, requires excessive resources, or lacks reasonable specificity.
• Fee Dispute: The agency refuses to process the request due to unpaid fees or because it determined that the requester does not qualify for a fee waiver.

Your denial letter should specify the reason(s) the agency rejected your request, as well as the deadline and instructions for filing an appeal.

Step 2: Review the Appeal Deadline & Filing Requirements

Each federal agency has its own FOIA appeal procedures, but most follow these general rules:

• Appeals must be filed within 90 days of the agency’s decision.
• The appeal must be in writing and sent via mail, email, or an agency’s online FOIA portal.
• The appeal must include:
  • Your name and contact information
  • The FOIA request tracking number
  • A copy of the denial letter
  • A detailed argument explaining why the denial was improper

Some agencies, such as the Department of Justice (DOJ) and Department of Homeland Security (DHS), require appeals to be sent to a specific FOIA appeals officer. Always check the agency’s FOIA website for submission details.

Step 3: Draft a Strong FOIA Appeal Letter

A well-argued appeal increases the chances of reversing an agency’s decision. Your appeal letter should include:

• 1. Introduction
  • State that you are appealing a FOIA denial.
  • Reference the FOIA request tracking number and the date of the denial letter.
• 2. Legal Arguments
  • Challenge improper use of exemptions: If the agency over-applied an exemption, argue why the records should not be withheld.
  • Address segregability: Under FOIA, agencies must release any non-exempt portions of records. If entire documents were withheld, argue that partial disclosure is required.
  • Dispute the agency’s search efforts: If the agency claims no responsive records exist, argue why a more thorough search is needed.
  • Refute the Glomar response: If the agency refuses to confirm or deny records, cite case law or publicly available information that confirms their existence.
  • Challenge excessive fees: If your fee waiver was denied, explain why your request meets the public interest standard.
• 3. Conclusion
  • Request that the agency conduct a new review and release the records.
  • Provide your contact information for further communication.

Step 4: Submit the Appeal & Track Its Status

Once your FOIA appeal is submitted, the agency must issue a decision within 20 business days. However, delays are common.

To track your appeal:

• Use the agency’s FOIA tracking system (if available).
• Contact the FOIA Public Liaison listed in the denial letter.
• If the agency fails to respond, send a follow-up letter or prepare for litigation.

Step 5: Next Steps if Your Appeal is Denied

If your FOIA appeal is rejected, you have two options:

1. Request Mediation: The Office of Government Information Services (OGIS) offers dispute resolution between requesters and agencies.
2. File a FOIA Lawsuit: If all administrative remedies fail, you can sue the agency in federal court to force disclosure of records.

At National Security Law Firm, we have successfully litigated FOIA cases against federal agencies, intelligence organizations, and law enforcement departments. If your request has been improperly denied, we can help you take the next legal steps.

Judicial Review & Litigation: Taking Your FOIA Case to Court

If a federal agency denies your FOIA request or fails to respond within the required timeframe, you have the right to challenge their decision in federal court. Litigation is the strongest tool available for compelling the government to disclose improperly withheld records. At National Security Law Firm (NSLF), we specialize in FOIA lawsuits, bringing aggressive legal action against federal agencies to force transparency and accountability.

This section explains the FOIA litigation process, including when to sue, what legal standards apply, and how courts handle FOIA cases.

When Can You Sue Under FOIA?

You can file a FOIA lawsuit in federal court under the following circumstances:

• The agency fails to respond to your FOIA request within 20 business days.
• The agency denies your request and your administrative appeal is unsuccessful.
• The agency fails to process your request in a reasonable time, even if it claims to be working on it.
• The agency improperly withholds records under FOIA exemptions or exclusions.
• You face unreasonable FOIA fees or the agency wrongfully denies your fee waiver request.

FOIA lawsuits are filed under 5 U.S.C. § 552(a)(4)(B), which grants federal courts the authority to review agency decisions and order the release of improperly withheld records.

Where to File Your FOIA Lawsuit

Under FOIA law, you can file your lawsuit in:

1. The U.S. District Court where you live or have your principal place of business
2. The U.S. District Court where the records are located
3. The U.S. District Court for the District of Columbia (a common venue for FOIA cases)

Since many FOIA cases involve federal agencies based in Washington, D.C., filing in the D.C. District Court is often the most strategic option.

How Courts Review FOIA Cases

Unlike typical civil lawsuits, FOIA litigation is decided primarily through summary judgment. This means the court does not hold a trial or hear witness testimony. Instead, it rules on the case based on:

• The agency’s written explanation for withholding records (usually in the form of a Vaughn index)
• Your legal arguments challenging the withholdings
• Declarations and affidavits from agency officials
• Case law interpreting FOIA exemptions and procedural violations

The agency bears the burden of proving that it lawfully withheld records under a FOIA exemption. If the agency cannot justify its decision, the court may order full or partial disclosure of the records.

Key Stages of a FOIA Lawsuit

1. Filing the Complaint

The lawsuit begins with a FOIA complaint, which must include:

• A description of your original FOIA request
• The agency’s failure to properly respond or disclose records
• A legal argument explaining why the records should be released
• A request for the court to order disclosure of the records

NSLF drafts detailed, compelling complaints that highlight government secrecy, agency misconduct, and violations of FOIA law to maximize the likelihood of success.

2. Agency Response & Vaughn Index

After receiving your lawsuit, the agency must file an answer within 30 days. If the agency continues to withhold records, it must submit a Vaughn index, which:

• Lists each document or portion withheld
• Identifies which FOIA exemption applies
• Provides a justification for withholding

Courts closely examine Vaughn indexes, and a weak justification can lead to an order compelling disclosure.

3. Summary Judgment

Most FOIA lawsuits are resolved at the summary judgment stage, where both parties file legal briefs arguing whether the records should be released.

• If the agency fails to justify its withholdings, the court may order full or partial disclosure.
• If the agency can prove a valid FOIA exemption applies, the court will uphold the denial.
• If the judge finds the agency’s explanation insufficient, the court may conduct an in-camera review, where the judge privately examines the records.

NSLF’s attorneys leverage FOIA precedent, agency inconsistencies, and aggressive legal strategies to challenge withholdings and secure disclosure.

4. Attorney’s Fees & Litigation Costs

If you prevail in your FOIA lawsuit, the government may be required to pay your attorney’s fees and litigation costs. This helps level the playing field against government agencies with unlimited legal resources.

5. Appeals & Further Litigation

If the district court rules against you, you can appeal to the U.S. Court of Appeals. In high-stakes cases, appeals can go all the way to the Supreme Court. NSLF is prepared to fight aggressively at every level of litigation to force government transparency.

What Damages Can You Recover in a FOIA Lawsuit?

Unlike other types of lawsuits, FOIA litigation does not provide for traditional monetary damages, such as compensation for emotional distress, financial loss, or punitive damages. However, successful FOIA plaintiffs can recover specific forms of relief, including attorney’s fees, litigation costs, and a court order compelling the release of records. This section explains what you can and cannot recover in a FOIA lawsuit and how the National Security Law Firm (NSLF) ensures the strongest legal outcome for our clients.

Types of Recoverable Relief in a FOIA Lawsuit

1. Injunctive Relief – Forcing the Government to Release Records

The primary purpose of a FOIA lawsuit is to compel the government to disclose withheld records. If the court finds that an agency improperly denied or delayed your request, it can issue an injunction ordering the agency to:

• Release all or part of the requested records
• Conduct a proper search for missing records
• Reprocess the request in compliance with FOIA law

Courts frequently side with requesters when agencies fail to justify their withholdings. NSLF has successfully litigated cases where government agencies were forced to turn over key records after failing to meet their FOIA obligations.

2. Attorney’s Fees & Litigation Costs

If you substantially prevail in a FOIA lawsuit, the court can order the government to pay your attorney’s fees and litigation expenses. This ensures that individuals, journalists, watchdog organizations, and businesses are not discouraged from challenging government secrecy due to legal costs.

To recover attorney’s fees, you must meet two conditions:

• You must “substantially prevail” – meaning the lawsuit caused the agency to disclose records it had previously withheld.
• You must demonstrate that the government’s position was not legally justified.

A substantial victory can be achieved by:

• Winning a court order requiring disclosure of records
• Securing a settlement where the agency agrees to release records
• Prompting the agency to voluntarily release records after a lawsuit is filed

NSLF aggressively pursues fee recovery for our clients, ensuring the government is held financially accountable for improper denials.

Can You Recover Punitive Damages in a FOIA Case?

No. Unlike civil rights or personal injury lawsuits, FOIA does not allow for punitive damages—even when an agency acts in bad faith by wrongfully withholding records. Courts may strongly criticize agency misconduct but cannot award compensatory or punitive damages.

However, if an agency’s actions were particularly egregious, Congress or oversight bodies may investigate the agency’s conduct, and courts can impose sanctions, orders for expedited disclosure, or disciplinary actions against responsible officials.

Accountability for Government Misconduct in FOIA Cases

In rare cases, when a court finds that agency personnel acted arbitrarily or capriciously in withholding records, the judge can:

• Refer the case to the Office of Special Counsel for investigation
• Recommend disciplinary action against the responsible officials
• Require the agency to implement corrective measures to improve FOIA compliance

While this does not provide direct financial compensation, it holds government officials accountable and can lead to policy changes and greater transparency.

How to Find the Best FOIA Lawyer

Navigating the Freedom of Information Act (FOIA) process can be complex, frustrating, and time-consuming, especially when agencies delay responses, improperly withhold records, or fail to conduct an adequate search. If you are serious about obtaining government records, you need a FOIA lawyer who understands the system inside and out.

Not all attorneys are equipped to handle FOIA cases. The best FOIA lawyers have deep experience filing, appealing, and litigating requests and know how to push back against government stonewalling. Below, we break down what you should look for in a FOIA attorney—and why National Security Law Firm (NSLF) is the nation’s top firm for FOIA representation.

What to Look for in a FOIA Lawyer

1. Extensive Experience with FOIA Requests & Appeals

A great FOIA lawyer should have a strong track record of filing successful requests and appeals. This requires:

• Mastery of FOIA statutes, exemptions, and exclusions
• Experience working with multiple federal agencies
• Knowledge of agency-specific FOIA procedures and tactics
• Success in getting agencies to release improperly withheld records

At NSLF, we have filed thousands of FOIA requests across multiple federal agencies, securing critical documents for clients across industries. When agencies deny or delay, we use aggressive administrative appeals to overturn wrongful decisions.

2. Litigation Experience – Winning FOIA Lawsuits

When agencies refuse to comply, a strong FOIA lawyer must be ready to take them to court. FOIA litigation is highly specialized and requires a deep understanding of federal court procedures, summary judgment motions, and agency defense tactics.

NSLF is one of the few firms that regularly litigates FOIA cases, forcing agencies to disclose improperly withheld records. We know how to:

• Challenge inadequate searches
• Fight improper FOIA exemptions
• Win court orders compelling disclosure
• Recover attorney’s fees and litigation costs for our clients

3. Insider Knowledge of Government Bureaucracy

The best FOIA lawyers are those who know how agencies operate behind the scenes. At NSLF, our attorneys are former federal employees, military officers, and national security experts. We have worked inside government agencies and understand:

• How FOIA offices process requests
• What tactics agencies use to delay or deny requests
• How to navigate classified information and security clearance issues

Because we have firsthand experience within federal agencies, we anticipate their moves and use that knowledge to outmaneuver government delay tactics.

4. Experience with National Security & Classified Records

Many FOIA cases involve sensitive government information, such as:

• National security records
• Intelligence agency reports
• Military and defense-related documents
• Security clearance adjudications

Agencies often invoke Exemption 1 (classified information) or Exemption 3 (statutory exemptions) to block disclosure. FOIA lawyers without security clearance law experience may struggle to challenge these claims effectively.

NSLF is one of the nation’s top security clearance law firms, giving us unique expertise in classified records, national security exemptions, and government redactions. We know how to challenge overbroad secrecy claims and force agencies to release information when legally required.

Why NSLF is the Best FOIA Law Firm

At National Security Law Firm, we don’t just handle FOIA requests—we win them. Our firm stands apart from the competition because:

✔ We have insider knowledge – Our attorneys are former government employees and national security experts who understand agency tactics.

✔ We have litigated major FOIA cases – Unlike firms that only file requests, we take agencies to court when they violate FOIA law.

✔ We specialize in high-stakes FOIA requests – We routinely handle national security, defense, intelligence, and security clearance-related FOIA matters.

✔ We get results – We have successfully obtained high-profile government records, exposed agency misconduct, and forced document releases through litigation.

✔ We fight agency stonewalling – We challenge inadequate searches, improper exemptions, and unnecessary redactions, ensuring full compliance with FOIA.

If you need a top-tier FOIA lawyer to file a request, fight a denial, or litigate a government records dispute, NSLF is the firm to call. Contact us today to schedule a consultation and take the next step toward securing the information you need.

FAQs About FOIA

Navigating the Freedom of Information Act (FOIA) can be complex, and many requesters have similar questions about the process. Below, we answer some of the most frequently asked questions about FOIA, helping you better understand your rights and how to obtain government records efficiently.

What is FOIA?

The Freedom of Information Act (FOIA) is a federal law that allows the public to request access to records from federal government agencies. The law promotes government transparency by requiring agencies to disclose information unless it falls under one of the nine FOIA exemptions or three FOIA exclusions.

Who Can Submit a FOIA Request?

Anyone—U.S. citizens, businesses, foreign nationals, journalists, researchers, and advocacy organizations—can submit a FOIA request. There are no restrictions on who can request records, but certain exemptions may limit access to specific documents.

What Can I Request Under FOIA?

You can request any federal agency record, including:
✔ Government policies, regulations, and decision-making records
✔ Emails, memos, and reports from government officials
✔ Investigative records (subject to exemptions)
✔ Data, statistics, and research funded by the government
✔ Security clearance adjudication documents
✔ Military and intelligence agency records (with limitations)

However, FOIA does not cover:
✘ Congress, the courts, or the White House staff
✘ State and local government records (these fall under state public records laws)
✘ Private business records unless held by a federal agency
✘ Personal records of government employees

How Do I Submit a FOIA Request?

To file a FOIA request, you must:

1. Identify the correct agency holding the records.
2. Draft a request that clearly describes the documents you seek.
3. Submit your request via email, mail, or the agency’s online FOIA portal.
4. Follow up if there are delays in response.

For a step-by-step guide, see our How to Make a FOIA Request section.

How Long Does It Take to Get a FOIA Response?

By law, agencies must respond within 20 business days of receiving a FOIA request. However, many agencies experience significant delays, and actual response times can range from weeks to years, depending on:

• Agency backlog and processing speed
• Complexity of the request
• Volume of records requested
• National security or classified material review

For urgent cases, you may be able to request expedited processing under certain conditions.

Can I Expedite My FOIA Request?

Yes, FOIA allows expedited processing if you can prove:

1. Imminent threat to an individual’s life or safety
2. Urgent public interest in government activity (such as journalists reporting on current events)

Each agency has specific requirements for granting expedited processing, and requests are rarely approved without compelling justification.

How Much Does It Cost to File a FOIA Request?

FOIA requests are generally free, but agencies may charge for:

• Search time (locating records)
• Duplication (copying or scanning)
• Review time (redacting sensitive information)

Fee waivers may be granted if disclosure is in the public interest and not for commercial use.

What Are FOIA Exemptions?

FOIA contains nine exemptions that allow agencies to withhold certain types of records, including:
✔ National security & classified information (Exemption 1)
✔ Internal agency rules (Exemption 2)
✔ Information exempted by other statutes (Exemption 3)
✔ Trade secrets & confidential business information (Exemption 4)
✔ Privileged inter-agency or intra-agency communications (Exemption 5)
✔ Personal privacy-protected records (Exemptions 6 & 7C)
✔ Law enforcement records that could harm investigations (Exemption 7)
✔ Banking & financial regulatory records (Exemption 8)
✔ Geological & geophysical data (Exemption 9)

For a full breakdown, visit our FOIA Exemptions Explained section.

What Happens if My FOIA Request Is Denied?

If your request is denied or partially withheld, you can:

1. File an administrative appeal with the agency.
2. Challenge the denial in federal court if the appeal fails.
3. Work with a FOIA lawyer to fight improper redactions or withholdings.

NSLF has extensive experience appealing FOIA denials and litigating refusals in court. If you’ve been wrongly denied access to government records, contact us for legal assistance.

Can I Sue the Government Over a FOIA Request?

Yes. If an agency fails to respond, withholds records without justification, or unreasonably delays processing, you can file a FOIA lawsuit in federal court. NSLF regularly litigates FOIA cases, compelling agencies to release improperly withheld documents.

For more details, visit our Judicial Review & Litigation section.

What Damages Can I Recover in a FOIA Lawsuit?

While FOIA lawsuits do not award monetary damages, you can seek:
✔ Release of wrongfully withheld records
✔ Court orders requiring agencies to comply
✔ Reimbursement of attorney’s fees and litigation costs

Winning a FOIA lawsuit also sets important legal precedents that strengthen transparency for future requesters.

Sample FOIA Requests

When submitting a Freedom of Information Act (FOIA) request, it’s essential to be clear, concise, and specific to increase your chances of receiving the records you need. Below are sample FOIA request templates tailored to different scenarios, including security clearance records, law enforcement files, military records, and travel security assessments (e.g., Global Entry and TWIC appeals).

These templates provide a starting point—you should customize them based on your needs. If you need assistance drafting or refining a FOIA request, contact NSLF for guidance.

General FOIA Request Template

Subject: Freedom of Information Act Request

[Your Name] [Your Address] [City, State, ZIP Code] [Your Email Address] [Your Phone Number] [Date]

FOIA Officer
[Agency Name] [Agency FOIA Office Address] [City, State, ZIP Code]

Dear FOIA Officer,

Pursuant to the Freedom of Information Act (5 U.S.C. § 552), I request access to the following records:

[Describe the documents you are requesting in specific detail. Include relevant dates, names, subject matter, and any document identifiers if known. For example:
“All emails, memoranda, and reports related to [specific subject] from January 1, 2022, to December 31, 2022.”]

In this request, ‘Record’ includes, but is not limited to, all records or communications preserved in electronic or written form, such as correspondences, emails, documents, data, videotapes, audio tapes, faxes, files, guidances, guidelines, analyses, memoranda, agreements, notes, orders, policies, procedures, legal opinions, protocols, reports, rules, or manuals.

If these records are available in electronic format, I request that they be provided in that format. I also request to be provided with all metadata. Additionally, I request a fee waiver as this request is in the public interest and will contribute to public understanding of government operations. If fees are expected to exceed [$XX], please inform me before processing the request.

I certify that the above information is true and correct to the best of my knowledge. If this request is denied in whole or in part, I ask that the you justify all deletions by reference to specific exemptions of FOIA and explain why disclosure would cause harm. I expect the release all segregable portions of otherwise exempt material, and reserve the right to appeal a decision to withhold any records or to deny within the application for expedited processing and waiver of fees.

Thank you for your time and consideration. Please confirm receipt of this request and provide an estimated processing timeline at your earliest convenience. If you have any questions, I can be reached at [Your Email] or [Your Phone Number].

Sincerely,[Your Name]

FOIA Request for Security Clearance Records

Subject: FOIA Request – Security Clearance Records

Dear FOIA Officer,

I am requesting a copy of all records related to my security clearance file, including adjudication records, investigations, clearance status, and any notes or correspondence pertaining to my clearance determination.

Full Name: [Your Full Legal Name] Date of Birth: [MM/DD/YYYY] Social Security Number: [XXX-XX-XXXX] (if required)
Agency and Office Handling Clearance: [e.g., Department of Defense, Office of Personnel Management, etc.] Investigation Period: [Provide relevant dates, e.g., “2019 to present”]

I certify that the above information is true and correct to the best of my knowledge. If this request is denied in whole or in part, I ask that the you justify all deletions by reference to specific exemptions of FOIA and explain why disclosure would cause harm. I expect the release all segregable portions of otherwise exempt material, and reserve the right to appeal a decision to withhold any records or to deny within the application for expedited processing and waiver of fees.

Please confirm receipt and provide an estimated response time.

Sincerely,[Your Name]

FOIA Request for Law Enforcement Records (FBI, DEA, DHS, etc.)

Subject: FOIA Request – Law Enforcement Records

Dear FOIA Officer,

Under FOIA (5 U.S.C. § 552), I request a copy of all law enforcement records, reports, and investigative files related to:

Full Name: [Your Name] Date of Birth: [MM/DD/YYYY] Aliases (if any): [List other names used] Case/File Number (if known): [XXXX-XXXXX] Date & Location of Incident: [Provide relevant details] Agencies Involved: [FBI, DHS, ICE, etc.]

If these records are subject to exemptions or redactions, please provide an index of withheld materials and a justification under FOIA. Additionally, I request a fee waiver as this request is in the public interest.

Sincerely,[Your Name]

FOIA Request for Global Entry / TWIC / HME Appeal Records

Subject: FOIA Request – Global Entry / TWIC / HME Appeal Records

Dear FOIA Officer,

I am requesting a copy of all records related to my Global Entry/TWIC/HME application, denial, revocation, or appeal, including adjudication notes, communications, and any watchlist determinations.

Full Name: [Your Name] Date of Birth: [MM/DD/YYYY] Application Date: [MM/DD/YYYY] Case/File Number (if applicable): [XXXX-XXXXX] DHS Redress Number (if applicable): [XXXXXXXX]

Please provide these records electronically if available. Please also provide all metadata. If there are any redactions or exemptions applied, please specify the legal basis for the withholdings.

Sincerely,[Your Name]

FOIA Request for Military Records (DD-214, Service Records, Disciplinary Records, etc.)

Subject: FOIA Request – Military Records

Dear FOIA Officer,

Under FOIA, I request a copy of all available military service records, including my DD-214, personnel file, disciplinary records, and any investigative reports.

Full Name: [Your Name] Date of Birth: [MM/DD/YYYY] Branch of Service: [Army, Navy, Air Force, Marines, Coast Guard] Service Number (if known): [XXXXXXX] Dates of Service: [Start Date – End Date]

If any records are withheld or redacted, please cite the applicable FOIA exemption and explain why.

Sincerely,[Your Name]

FOIA Request for Government Contracts / Procurement Records

Subject: FOIA Request – Government Contracts & Procurement Records

Dear FOIA Officer,

I request copies of all contract documents, bid proposals, and correspondence related to [specific government contract or agency procurement].

Contract Number (if known): [XXXX-XXXXX] Date Range: [MM/DD/YYYY – MM/DD/YYYY] Agencies Involved: [List relevant government agencies] Vendors or Contractors Involved: [List contractor names]

If records are withheld or redacted, please provide a Vaughn Index detailing the withheld materials and the FOIA exemptions cited.

Sincerely,[Your Name]

FOIA Resources

Navigating the Freedom of Information Act (FOIA) process can be complex, but numerous resources are available to help requesters understand their rights, file requests effectively, and challenge agency denials. Below is a comprehensive list of official government websites, FOIA guides, legal resources, and advocacy organizations that can assist you in accessing public records.

The full text of the FOIA statute can be found here: https://www.justice.gov/oip/freedom-information-act-5-usc-552

Official FOIA Government Resources

✔ FOIA.gov (https://www.foia.gov)
The U.S. government’s official FOIA portal, which provides guidance on submitting requests, tracking agency response times, and accessing agency-specific FOIA regulations.

✔ U.S. Department of Justice (DOJ) Office of Information Policy (OIP) (https://www.justice.gov/oip)
The DOJ oversees FOIA compliance across federal agencies and offers FOIA guidance, case law updates, and best practices for requesters.

✔ FOIA Reading Rooms
Many agencies maintain electronic reading rooms where they proactively disclose frequently requested records. Check the agency’s website for available documents before submitting a request.

✔ FOIA Contacts for Federal Agencies (https://www.foia.gov/report-makerequest.html)
A directory of FOIA officers and contact information for all federal agencies to help requesters direct their requests to the right office.

✔ Office of Government Information Services (OGIS) (https://www.archives.gov/ogis)
OGIS serves as the FOIA ombudsman, offering mediation services and dispute resolution assistance for FOIA requesters experiencing difficulties.

FOIA Legal Resources & Case Law

✔ National Security Law Firm (NSLF)
NSLF is the nation’s leading law firm for FOIA requests, appeals, and litigation. Our attorneys are former government employees with insider knowledge of agency processes and national security issues. If you need legal assistance, contact us today.

✔ FOIA Case Law Summaries (https://www.justice.gov/oip/court-decisions)
The DOJ maintains a database of recent FOIA court decisions, helping requesters understand how courts interpret exemptions, delays, and litigation strategies.

✔ Reporters Committee for Freedom of the Press (RCFP) FOIA Wiki (https://www.rcfp.org/foia-wiki)
A resource for journalists, researchers, and the public, providing detailed legal guidance, sample FOIA requests, and exemption explanations.

✔ Electronic Privacy Information Center (EPIC) FOIA Page (https://epic.org/issues/open-government/foia/)
EPIC is a privacy and open-government watchdog, frequently using FOIA to uncover records related to surveillance, cybersecurity, and privacy violations.

State Public Records Laws

FOIA applies only to federal agencies, but each state has its own public records law for accessing state and local government documents. Below are resources for state-specific public records requests:

✔ National Freedom of Information Coalition (NFOIC) (https://www.nfoic.org)
Provides an overview of state public records laws, request templates, and litigation updates for each state.

✔ Ballotpedia: Public Records Laws by State (https://ballotpedia.org/Public_records_laws_by_state)
A state-by-state breakdown of public records laws, request fees, and response timelines.

✔ State FOIA Contact List (https://www.nfoic.org/coalitions)
A directory of state FOIA offices and agencies responsible for handling public records requests.

FOIA Request Tools & Sample Letters

✔ NSLF Sample FOIA Requests (See FOIA Sample Request section above)
We provide customized FOIA templates for common requests, including security clearance records, Global Entry denials, and law enforcement records.

✔ FOIA.gov Request Tool (https://www.foia.gov/request)
A step-by-step request submission tool for various federal agencies, guiding requesters through the process.

✔ National Security Archive’s FOIA Guide (https://nsarchive.gwu.edu/foia)
Provides sample FOIA requests, appeals, and agency response tracking tools for investigative journalists, attorneys, and researchers.

✔ MuckRock (https://www.muckrock.com)
A FOIA request and tracking platform that allows users to file, manage, and share FOIA requests with a public archive of responses.

FOIA Advocacy & Transparency Organizations

✔ Open the Government (https://www.openthegovernment.org)
An organization focused on FOIA reform, government transparency, and oversight of agencies’ compliance with open records laws.

✔ Government Accountability Project (GAP) (https://whistleblower.org)
Supports whistleblowers and public interest litigators using FOIA to expose government misconduct and corruption.

✔ Project on Government Oversight (POGO) (https://www.pogo.org)
A nonprofit watchdog using FOIA litigation to reveal government waste, fraud, and abuse.

✔ Sunlight Foundation (https://sunlightfoundation.com)
Advocates for public access to government data and stronger FOIA enforcement.

✔ Center for Consitutional Rights. (https://ccrjustice.org/)

Advocatyes for public access to government data and has created a helpful FOIA guide.

American Civil Liberties Union FOIA Page

Reporters Committee For Freedom of the Press

Need Legal Help with a FOIA Request?

FOIA can be a powerful tool, but agencies often delay, deny, or heavily redact records—making it critical to have legal representation. National Security Law Firm (NSLF) has successfully:
✔ Filed thousands of FOIA requests for individuals, journalists, and businesses
✔ Won FOIA appeals and lawsuits to force agencies to disclose critical records
✔ Challenged excessive redactions and improper exemptions in court

If you need help drafting a FOIA request, appealing a denial, or litigating a FOIA lawsuit, contact NSLF today for a consultation.

Take the Next Step: Get Expert Help with Your FOIA Case

Navigating the FOIA process can be complex, frustrating, and time-consuming—especially when agencies delay responses, improperly withhold records, or fail to comply with legal requirements. Whether you’re filing your first FOIA request, appealing a denial, or pursuing litigation to force disclosure, having an experienced FOIA lawyer on your side can make all the difference.

At National Security Law Firm (NSLF), we specialize in FOIA requests, appeals, and litigation. Our attorneys are former government employees with insider knowledge of how federal agencies handle (and resist) FOIA requests. We know the bureaucratic roadblocks, the legal loopholes agencies use to deny records, and the most effective strategies to get results quickly.

If you’ve hit a roadblock with your FOIA request—or if you need help getting the government to comply—our battle-tested legal team is ready to fight for you. We have a proven track record of securing the release of critical documents, exposing agency misconduct, and winning FOIA lawsuits against some of the most powerful federal agencies.

Don’t let government secrecy stand in your way. Whether you’re a journalist, whistleblower, attorney, business, or individual seeking government records, our firm has the experience, skill, and dedication to help you get the answers you need.

Schedule a Free Consultation Today

✔ Nationwide Representation – We handle FOIA cases across the U.S.
✔ Flexible Payment Options – Affordable legal financing available.
✔ Proven Results – Thousands of FOIA requests and lawsuits won.

🔗 Book a Consultation Now or call us at 202-600-4996 to discuss your FOIA case.

National Security Law Firm – It’s Our Turn to Fight for You.