FOIA Processing Timeline
- FOIA provides that an agency has twenty (20) business-days (excluding Saturdays, Sundays and legal holidays) from receipt of a FOIA request to respond to it.
- If unusual circumstances exist, then the agency can extend its response time by an additional ten (10) business-days. Unusual circumstances may include searches of multiple OIG program offices or geographical locations, searches for voluminous records or responsive records require consultation with another entity.
- An agency’s time limit to respond to a FOIA request may be tolled if the agency contacts the FOIA requester for further information or seeks clarification of the request from the FOIA requester.
- In general, FOIA requests are processed in the order of which they are received or on a “first-in, first-out” basis.
- If a requester demonstrates a “compelling need” (such as threat to life or safety or loss of substantial due process rights) then he/she may be granted expedited processing of his/her FOIA request. An expedited FOIA request is prioritized over other FOIA requests and processed out of turn.
- Upon a receipt of a perfected FOIA request, DOI OIG FOIA reviews the request and tasks appropriate program offices that are likely to have potentially responsive records to search for such records.
- Records custodians perform reasonable searches and collect any potentially responsive records which are forwarded to DOI OIG FOIA for review.
- DOI OIG FOIA conducts an initial responsiveness review of the records; and if applicable, a line-by-line review to redact information subject to the nine (9) FOIA exemptions.
- Thereafter, DOI OIG FOIA drafts a determination letter summarizing OIG FOIA’s search for potentially responsive records and the outcome of the search. To the extent responsive records are released to the requester, the letter explains applicable redactions and advises the requester he/she a right to appeal OIG FOIA’s determination.
Record Review and Redactions
- Federal agencies are required to disclose records requested under FOIA unless the agency reasonably foresees that disclosure of the record, or any part of the record, would harm an interest protected by a FOIA exemption.
- An agency must reasonably segregate portions within a record to release nonexempt information pursuant to FOIA after withholding any portions of the record that are exempt from disclosure.