Minds → FOIA & Public Records → How quickly must an agency respond to a FOIA request? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

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How quickly must an agency respond to a FOIA request? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Under 28 CFR 16.5, components ordinarily respond to FOIA requests according to their order of receipt. The FOIA's general 20-day response period applies, and components must notify the requester in writing before expiration of the 20-day period when 'unusual circumstances' necessitate an extension. If the extension exceeds 10 working days, the component must offer the requester an opportunity to modify the request or arrange an alternative time period.

Last verified: 2026-08-27 · Sources checked: 1/1 resolving · Next scheduled review: 2026-11-25

Details / How it works

Under 28 CFR 16.5(a), components ordinarily respond to requests according to their order of receipt, and the response time for misdirected requests commences when received by the proper component, but no later than 10 working days after first receipt by any designated component office. Under 28 CFR 16.5(c), whenever the statutory time limit cannot be met due to 'unusual circumstances' as defined in the FOIA, the component must, before expiration of the 20-day period, notify the requester in writing of the unusual circumstances and the date by which processing can be expected to be completed.

Numbers & thresholds

Provision	Threshold / Timeline
General response order	Order of receipt
Notice before expiration of 20-day period	Required when unusual circumstances apply
Extension exceeding 10 working days	Requester must be offered opportunity to modify or arrange alternative timeframe
Misdirected request start date	No later than 10 working days after first receipt by any designated component office

Exceptions & edge cases

When an extension exceeds 10 working days under 28 CFR 16.5(c), the component must make its designated FOIA contact and FOIA Public Liaison available, and must alert the requester to the availability of the Office of Government Information Services for dispute resolution. Under 28 CFR 16.5(e), a component must notify the requester within 10 calendar days of receipt of a request for expedited processing of its decision to grant or deny expedited processing.

Sources

[1]U.S. Government Publishing Office / Department of Justice — 28 CFR 16.5 — Timing of responses to FOIA requests · as of 2026-08-27

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