FOIA request responses

Agencies should use the method most likely to increase speed and efficiency, including email when practicable. This follows 70.21(a), which directs components to communicate by the means most likely to speed processing.

• Use electronic means (email) when it will make communication faster and more efficient.
• Confirm the requester’s preferred contact method if unclear.
• Keep clear records of all communications to track response timing.

An agency must acknowledge each new FOIA request and assign an individualized tracking number, and include a brief description of the records sought. This is required by 70.21(b).

• The acknowledgement should state the assigned tracking number.
• Include a short description of what was requested so the requester can easily track the request.

When a request is granted in full or in part, records must be provided in the form or format requested if the record is readily reproducible in that form and any required fees have been paid. This is set by 70.21(c).

• If the record can be reproduced in the requested format, provide it that way.
• If fees apply, obtain agreement to pay before providing the records.
• Keep communication clear if the requested format is not readily reproducible.

It means each agency decides, based on the specific record and available systems, whether the requested form or format can be produced without undue burden. This approach is described in 70.21(c).

• Agencies should document why a format is or is not readily reproducible.
• Agencies are encouraged to maintain records in commonly reproducible formats to ease responses.

Adverse determinations include denials because a record is exempt, the request does not reasonably describe the records, the information is not a FOIA record, the record does not exist or cannot be located, or the record is not readily producible in the requested format — as specified in 70.21(d).

• Also includes denials related to fees, fee waivers, or expedited processing requests.
• Agencies must notify requesters in writing when making an adverse determination.

The FOIA denial notice must be signed by the component agency head or a designee. This requirement is stated in 70.21(e).

• Ensure the signatory’s authority is clear and documented.
• The signer’s name and title should be included in the notice as required by 70.21(e)(1).

A denial notice must include the name and title or position of the person responsible for the denial. This is required by 70.21(e)(1).

• Provide full name and official title or position to ensure accountability and clarity for the requester.

A denial notice must give a brief statement of the reason or reasons for the denial, including any FOIA exemption(s) or procedural reasons relied upon. See 70.21(e)(2).

• Cite the specific FOIA exemption(s) (e.g., Exemption 3, 5, etc.) when applicable.
• If procedural grounds (like insufficient description) are used, explain what is lacking and how the requester might fix it.

A denial notice must include an estimate of the volume of records or information withheld (for example, number of pages), unless volume is clear from redactions or providing the estimate would harm an interest protected by the exemption. This is required by 70.21(e)(3).

• If records are disclosed in part, page counts may not be necessary when deletions make volume obvious.
• When an exemption would be harmed by revealing volume, explain that providing an estimate would cause harm.

A denial notice must state that the denial may be appealed as described under 70.22. This requirement comes from 70.21(e)(4).

• Include clear instructions or a reference to the appeal procedures in 70.22 so requesters know how and where to file an appeal.

A denial notice must inform the requester of the right to seek dispute resolution services from the Department's FOIA Public Liaison or the Office of Government Information Services (OGIS). This is required by 70.21(e)(5).

• Explain that OGIS mediation is voluntary and that the Department will actively engage if it agrees to participate.
• Provide contact information or a clear pointer to how to reach the FOIA Public Liaison and OGIS.

Markings on released documents must be clearly visible to the requester. This is required by 70.21(f).

• Ensure redactions or labels (e.g., "Bates number", "Redacted") contrast with the document background and are not obscured.
• Use consistent marking conventions to avoid confusion about what was withheld or released.

If requested records cannot be located or have been destroyed, the agency must notify the requester in writing as part of an adverse determination under 70.21(d).

• Explain the search steps taken and the result (not located/destroyed).
• Inform the requester of appeal options in 70.22 and dispute resolution under 70.21(e)(5).

An agency should issue a written adverse determination explaining that the request does not reasonably describe the records and, where appropriate, describe how the requester can narrow or clarify the request. This follows 70.21(d).

• Offer to assist the requester in reformulating the request to make it reasonably descriptive.
• Provide examples of the types of information or timeframes that would narrow the search.

Yes; an agency may provide records in the requested form or format only if the record is readily reproducible in that form and the requester has agreed to pay and/or paid any fees required under subpart C, as explained in 70.21(c).

• Agencies should notify requesters of expected fees and obtain agreement before processing if fees are likely to exceed a threshold.
• Refer to the agency’s fee schedule and subpart C requirements when estimating charges.

Yes; acknowledging a FOIA request by email is acceptable if email is the communication method most likely to increase speed and efficiency, consistent with 70.21(a) and the acknowledgment and tracking requirements in 70.21(b).

• Ensure the email contains the individualized tracking number and brief description of the records sought.
• Keep email confirmation in the request file for proof of acknowledgment.

It is not necessary to provide an estimate of the volume withheld if the volume is clear from deletions on partly disclosed records or if giving an estimate would harm an interest protected by the exemption used, as stated in 70.21(e)(3).

• If redacted documents reveal the number of pages withheld through visible deletions, a separate estimate may be redundant.
• If revealing volume would undermine the exemption (for example, by revealing sensitive program details), explain why an estimate cannot be provided.

A denial notice must inform the requester of their right to seek dispute resolution services from the Department's FOIA Public Liaison or the Office of Government Information Services, per 70.21(e)(5).

• State that OGIS mediation is voluntary and that the Department will engage if it agrees to participate.
• Provide information or directions on how to contact the FOIA Public Liaison and OGIS.

Agencies should maintain records in common, easily reproducible formats and make reasonable efforts to do so, as encouraged by 70.21(c).

• Use standard file types (PDF, DOCX, CSV) when possible.
• Implement record management practices that preserve original formats or convert to common formats that retain necessary information.
• Document decisions about reproducibility to justify responses to format requests.

If expedited processing is denied, the agency must issue a written adverse determination notifying the requester of the denial, as part of the adverse determinations described in 70.21(d).

• Explain the reason for denying expedited processing and inform the requester of appeal rights under 70.22.
• Offer dispute resolution options from the FOIA Public Liaison or OGIS per 70.21(e)(5).

When a request is granted in part and denied in part, the agency must notify the requester in writing and provide the releasable records in the requested form where readily reproducible, following 70.21(c) and the denial-content requirements in 70.21(e).

• Include the name and title of the person responsible for the denial portion (70.21(e)(1)).
• Provide a brief statement of reasons and any exemptions relied upon (70.21(e)(2)).
• Offer appeal and dispute resolution information (70.21(e)(4)-(5)).

The agency should evaluate whether the requested non-standard format is 'readily reproducible' on a case-by-case basis, notify the requester of the decision, and provide the record in that format only if it is readily reproducible and fees (if any) are paid, per 70.21(c) and the tracking requirements of 70.21(b).

• If the format is not readily reproducible, explain why and offer an alternative common format.
• Document the determination and communicate the individualized tracking number in all correspondence.