How long does an agency have to respond to a FOIA request?

Under the federal Freedom of Information Act, an agency generally must respond to a request within 20 business days of receiving it. But the real-world answer is more nuanced, and “respond” does not necessarily mean “produce all the records.”

The 20-day rule

The 20-business-day clock starts when the proper component of the agency receives the request. Within that window, the agency is expected to make a determination — to decide whether it will comply and to inform the requester of the scope of records it will release and any it will withhold, along with appeal rights.

Why it often takes longer

Several factors extend the actual time:

• Unusual circumstances. The law permits an extension (typically up to 10 additional business days) when, for example, the agency must search field offices, process a voluminous request, or consult with another agency about its information.
• Complex requests. Many agencies use a multi-track system, processing simple requests quickly and complex ones more slowly. Large or broad requests can take months.
• Backlogs. Popular agencies receive far more requests than they can process in 20 days, producing backlogs that delay responses well beyond the statutory period.
• Consultations and referrals. When records contain another agency’s information, coordination adds time.

What requesters can do

If an agency misses its deadline, the requester generally is not required to exhaust administrative appeals before seeking the records in court, and can follow up on status. Narrowing a request and being specific about the records sought are the most effective ways to get a faster, more complete response — which again depends on the agency’s underlying recordkeeping being organized enough to search efficiently.

State public-records laws set their own response timelines, which vary by jurisdiction.