COVID-19

Introduction
Beginning in early 2020, the FOIA work of numerous federal agencies was disrupted due to the COVID-19 pandemic.

On March 17, 2020, the Office of Personnel Management (OPM) ordered agencies and departments to enact a variety of measures with respect to the federal workforce, including promoting maximum telework. Such work from home policies have complicated FOIA offices' responses to requests and litigation. Disruptions have been especially prominent with agencies that work on classified systems.

Despite the disruptions caused by the pandemic, a survey by OGIS during May and June of 2020 found that "a majority of agency FOIA websites – 62.6 percent – did not provide updates on how COVID-19 is affecting FOIA processing."

All of FOIA's ordinary timing requirements (e.g., for Determinations and Expedited Processing) continue to apply.

Effect of COVID-19 on Federal Agencies' FOIA Processes
The response and status of individual agencies is presented in the sortable chart below.

Timing of Responses to Requests
The existence of COVID-19 and agencies' responses to it does not affect FOIA's deadlines for responding to requests. As the Office of Information Policy at the Department of Justice correctly noted, "All of the FOIA’s statutory response timeframes continue to apply during workforce adjustments such as maximum telework or building closures."

Lawsuits
Several FOIA lawsuits have been filed since the COVID-19 outbreak, some of which concern the pandemic and the federal government's response.

Litigation Deadlines
Numerous FOIA cases that were pending before the COVID-19 outbreak have seen requests from government agencies for extensions of litigation deadlines.

External Sources/Additional Reading

 * Congressional Research Service: Freedom of Information Act (FOIA) Processing Changes Due to COVID-19
 * Office of Information Policy: Guidance for Agency FOIA Administration in Light of COVID-19 Impacts