What is the difference between a referral and a consultation when an agency finds another agency's records in my FOIA request?

When you submit a Freedom of Information Act (FOIA) request, the agency that receives it sometimes locates records that originated with, or are of primary interest to, a different federal agency. Two common tools for handling this situation are the referral and the consultation. Both are routine, and neither is a denial of your request, but they work differently and affect who responds to you.

Referral

In a referral, the receiving agency forwards the records (or a portion of them) to the agency that originated or “owns” them, and that second agency processes those records and responds directly to you. You will typically be notified that a referral occurred. Because a different agency now handles part of your request, you may receive multiple, separate responses, and the timing can vary by agency.

Consultation

In a consultation, the agency that received your request keeps control of the records and remains your point of contact, but it first asks the originating agency for its views on whether the material can be released or should be withheld under a FOIA exemption. After receiving that input, the original agency responds to you about those records. You generally deal with one agency throughout.

Why it matters to you

• Who replies: A referral usually means a new agency contacts you; a consultation means your original agency stays in charge.
• Timing: Federal FOIA generally gives agencies 20 business days to respond, but referrals and consultations involve coordination between offices and can extend the time you wait. Agencies should still keep you informed.
• It is not a denial: Both processes simply route records to the office best positioned to make a release decision.

If you are unsure how your request is being handled, you can ask the agency’s FOIA office or FOIA Public Liaison for a status update and an explanation of any referral or consultation.

These concepts apply to the federal FOIA. State public-records laws have their own procedures and terminology, which vary from state to state, so check the specific law that governs your request.

For more background, see our FOIA and public records topic.