FOIA request processing timelines

The standard deadline is 20 business days for regular FOIA requests and appeals. See the time limits in 70.25(a).

• Use "business days" (not calendar days) when counting the 20-day period.
• If the component cannot meet that deadline because of misrouting, see how the clock restarts in 70.25(a).

The proper component must decide whether to grant expedited processing within 10 calendar days of receiving the expedited request. See 70.25(e)(4).

• If granted, the request gets priority and is processed as soon as practicable.
• If denied, any appeal of that denial must be handled expeditiously per 70.25(e)(4).

If a misdirected request is re-routed, the response time starts when the proper component receives the request, but in any event no later than 10 working days after the request was first received by any designated FOIA office. See 70.25(a) and 70.20(c).

• This rule prevents delay from simple misrouting between agency components.

Multitrack processing means a component can put requests into different priority tracks (for example, expedited, simple, or complex) based on the expected work/time to process them. See 70.25(b).

• Components must tell you which track your request is in.
• Components may offer you the chance to narrow your request so it can be processed in a faster track.

Yes — a component may offer a requester the opportunity to limit the scope of the request to qualify for a faster processing track. See 70.25(b).

• This is a practical way to reduce processing time and fees when a request would otherwise be placed in a slower, more complex track.

A component can extend the statutory time limits when "unusual circumstances" exist as defined in FOIA; it must notify the requester before the 20 working day deadline and provide a new expected completion date. See 70.25(c) and 70.25(c)(1).

• Examples of unusual circumstances include the need to search many records, consult with other offices, or involve a voluminous amount of records.

Before extending the deadline by more than ten working days, the component must notify the requester of the unusual circumstances and provide options or information as required in 70.25(c)(1).

• The notice must occur before the original 20 working day deadline expires.
• The notice must include the expected completion date for processing the request.

The agency must give the requester the option to either modify the request so it can be processed within the statutory time limits or agree to an alternative time period for processing a modified request. See 70.25(c)(1)(i).

• This helps avoid unnecessarily long delays by narrowing or rescheduling work.

When extending the deadline, the component must provide the FOIA contact and FOIA Public Liaison contact information and notify the requester of the right to seek dispute resolution from OGIS. See 70.25(c)(1)(ii) and 70.25(c)(1)(iii).

• These contacts can help the requester get status updates or try to resolve disputes without litigation.

A component may aggregate multiple requests when it reasonably believes they are from the same requester (or a group acting in concert), involve clearly related matters, and together would cause unusual circumstances. See 70.25(d).

• Aggregation is intended to prevent circumvention of processing limits by splitting one large request into many small ones.

No — components shall not aggregate multiple requests that involve unrelated matters. See 70.25(d).

• Aggregation is limited to related requests that reasonably constitute a single large request.

Requests or appeals qualify for expedited processing if they meet one of these four categories: imminent threat to life or safety; urgency to inform the public about government activity by someone primarily disseminating information; loss of substantial due process rights; or a matter of widespread and exceptional media interest raising questions about government integrity. See 70.25(e)(1).

• The requester must explain how their request fits one of these categories in a certified statement per 70.25(e)(3).

A requester may ask for expedited processing at the time of the initial FOIA request or later, but the request for expedited processing must be received by the proper component (the component that maintains the records). See 70.25(e)(2).

• Submitting the expedited request to the wrong component can delay the 10-calendar-day determination period described in 70.25(e)(4).

The requester must submit a statement, certified to be true and correct to the best of their knowledge and belief, that explains in detail the basis for requesting expedited processing. See 70.25(e)(3).

• Certification is required unless the component waives the formality as an administrative discretion.

Within ten calendar days of receipt, the proper component will decide whether to grant expedited processing and notify the requester; if granted the request is prioritized, and if denied the appeal of that denial will be handled expeditiously. See 70.25(e)(4).

• Granting expedited status does not change FOIA exemptions; it only speeds processing.

A requester who is not a full-time journalist must show that their main professional activity is information dissemination and must demonstrate a particular urgency to inform the public about the government activity involved. See 70.25(e)(1)(ii) and the explanatory discussion in 70.25(e)(4).

• Examples that help include published articles on the topic and a clear statement explaining why the information is urgently needed to inform the public.

The component must notify the requester whenever it is unable to respond or process the request within the FOIA time limits. See 70.25.

• If the delay is due to unusual circumstances, the component must provide the notice described in 70.25(c)(1).

When extending the time limits, the component must provide the contact information for the designated FOIA contact and the FOIA Public Liaison and inform the requester of the right to seek OGIS dispute resolution. See 70.25(c)(1)(ii) and 70.25(c)(1)(iii).

• These contacts are meant to assist with status, narrowing requests, or resolving disputes.

If expedited processing is granted, the request will be processed with priority and handled "as soon as practicable," meaning the component will process it ahead of non-expedited requests to the extent possible given available resources. See 70.25(e)(4).

• Priority means the agency allocates resources to move the request forward sooner, but it does not eliminate necessary searches, consultations, or legal review.