Freedom of Information Act (FOIA)

Welcome to OMB’s FOIA Page. We hope this website provides helpful information for you about OMB and about the Freedom of Information Act. Below is a description of that Act, as well as a list of frequently asked questions (FAQs). Following the FAQs, you’ll find OMB’s FOIA Library of released records and FOIA reports. –Mark R. Paoletta, OMB Chief FOIA Officer

Key OMB FOIA Contacts:

Chief FOIA Officer
Mark R. Paoletta
OMB General Counsel

FOIA Public Liaison
Shraddha A. Upadhyaya

OMB’s FOIA Officer
Dionne Hardy
725 17th Street NW, Suite 9204
Washington, DC 20503
(202) 395-FOIA
(202) 395-3504 (fax)

FOIA Requester Service Center: (202) 395-FOIA

E-mail address: OMBFOIA@omb.eop.gov

Government-wide FOIA.Gov Portal: https://www.foia.gov/

Using the FOIA.gov system is an alternative option for submitting FOIA requests to OMB that allows requesters to create a request using a web-based form. However, requests may still be submitted directly to OMB using the above contact information.

I. The Freedom of Information Act

As the President stated on December 14, 2005, in his Executive Order 13,392, Improving Agency Disclosure of Information,

“The effective functioning of our constitutional democracy depends upon the participation in public life of a citizenry that is well informed. For nearly four decades, the Freedom of Information Act (FOIA) has provided an important means through which the public can obtain information regarding the activities of Federal agencies. Under the FOIA, the public can obtain records from any Federal agency, subject to the exemptions enacted by the Congress to protect information that must be held in confidence for the Government to function effectively or for other purposes.”

The Freedom of Information Act (5 U.S.C. § 552), provides a right of access to the public of government records. The Act also allows the government to withhold certain information in responding to those requests in 9 exemptions, including for national security, deliberative process and attorney client, and confidential business information, to name a few.

II. Frequently Asked Questions

About OMB:

What does OMB do?
What offices does OMB have?
What types of records does OMB have?

About FOIA and how to submit a request:

What does FOIA do?
May I ask a question under the FOIA?
How do I submit a FOIA request?
What are the reasons for not releasing a record requested under a FOIA?
Do I need to submit a particular form to request documents under FOIA?
Is there a fee to submit a FOIA request?
How long will it take to receive an answer to my FOIA request?
What will I receive, in response to my FOIA request?
What if I have concerns about the processing of my FOIA request?
May I ask for my request to be expedited?

About the response I receive from OMB:

What if I have concerns about the response I receive to my FOIA request?
How do I appeal OMB’s response to my FOIA request?
When will I hear back on my appeal?

About documents OMB has:

Are there records that OMB has that I can look at (inspect) without filing a FOIA request?

About OMB:

What does OMB do? The Office of Management and Budget (OMB) is an agency within the Executive Office of the President. OMB assists the President in the discharge of his budgetary, management, and other executive responsibilities. More specifically, OMB assists the President in the preparation of the Federal budget and in managing its execution by the agencies. OMB works to assure that proposed legislation (as well as testimony, reports and policies) is consistent with Administration policies, including the President’s Budget. OMB also has a central role in providing leadership in the development, oversight and coordination of the Federal government’s policies in procurement, financial management and the information, statistical, and regulatory arenas as well as in the implementation of those policies. OMB promotes better program management, strengthens administrative management, develops agency-performance measures and improves coordination of the Executive Branch’s various operations.

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What offices does OMB have? OMB has offices in the Eisenhower and New Executive Office Buildings in Washington, D.C. (OMB does not have regional or field offices.) OMB staff are divided into the following offices:
- the OMB Director’s office;
- several small staff offices (General Counsel, Legislative Affairs, Strategic Planning and Communications, Management and Operations, and Economic Policy)
- the Budget Review Division (which provides support in the development and execution of the Federal budget)
- the Legislative Reference Division (which develops and supports the President’s management and budget agenda by carrying out OMB’s interagency legislative review function);
- five Resource Management Offices (which develop and support the President’s budget); and
- four statutory offices:
  - the Office of Information and Regulatory Affairs,
  - the Office of Federal Financial Management,
  - the Office of Federal Procurement Policy, and
  - the Office of Electronic Government and Information Technology.
What types of records does OMB have? You can find out about the type of records OMB has in our reading room, which is organized by subject matter, such as Grants, or the President’s Budget.

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About FOIA and how to submit a request:

What does FOIA do? As noted above, FOIA provides a right of access to the public of government records. The Act also allows the government to withhold certain information in responding to those requests in 9 exemptions, including for national security, deliberative process and attorney client, and confidential business information, to name a few.

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May I ask a question under the FOIA? Please be aware that FOIA does not require agencies to do research, analyze data, answer written questions, or to create records in order to respond to a request.It is also important to understand that there is no central office in the government which processes FOIA requests for all agencies; each Federal agency responds to FOIA requests for records in its own files. Thus, the public may submit FOIA requests to OMB to obtain records that are in OMB’s files.

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How do I submit a FOIA request? Individuals wishing to file a FOIA request must write a letter to submit a FOIA request. Address your letter to:
Dionne Hardy, FOIA Officer
Office of Management and Budget
725 17th Street NW, Suite 9204
Washington, DC 20503
E-mail address: OMBFOIA@omb.eop.gov

Please note that for security reasons, OMB’s receipt and processing of mail may be delayed. Therefore, you may also fax your letter to: 202.395.3504.

You should be as specific as possible in your request for records (see below for records you can receive without submitting a FOIA request). Please describe the specific records you are requesting in sufficient detail so that the records can be located with a reasonable amount of effort. You should also consult OMB’s FOIA regulations, which outline the procedures governing the FOIA request process.

Upon receipt of a FOIA request, the FOIA Officer will determine within 20 days (excepting Saturdays, Sundays and legal public holidays) after the receipt of such request whether it is appropriate to grant the request. (Please be aware that the time period for providing a response may be extended under the FOIA.) OMB will provide a written response to the FOIA request; if the request is denied in whole or in part, OMB will notify the requester of the denial, and of the requester’s right to file an appeal within OMB. If OMB denies an appeal in whole or in part, the requester may seek judicial review of that denial.

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What are the reasons for not releasing a record requested under the FOIA? The FOIA statute provided reasons why an agency may not release a requested record. Such records are considered to be legally exempt from release. Among the reasons for withholding a document are the following exemptions from disclosure:
Exemption (b)(1) National Security
Exemption (b)(2) Internal Documents
Exemption (b)(3) Statutory withholding
Exemption (b)(4) Commercial or proprietary data
Exemption (b)(5) Predecisional, deliberative communications
Exemption (b)(6) Privacy
Exemption (b)(7) Law enforcement
Exemption (b)(8) Financial institutions
Exemption (b)(9) Geological information

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Do I need to submit a particular form to request documents under FOIA? No. However, in order to process your request, you need to reasonably describe the records you are looking for, providing as much information as possible (in order for OMB to search for them). OMB may also contact you to request that you provide more detail.

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Is there a fee to submit a FOIA request? OMB, like other agencies, may charge a fee for responding to your FOIA request. The amount of fee depends on who you are and why you are making a FOIA request. The FOIA Act divides requesters into four categories for fees, as described below. In addition, in certain circumstances, OMB may request advance payment of fees. You may also indicate, in your letter, how much in fees you are willing to pay, before OMB needs to contact you.
- Commercial use requesters. When OMB receives a request for documents for commercial use, it will assess charges that recover the full direct cost of searching for, reviewing for release, and duplicating the records sought.
- Educational and non-commercial scientific institution requests. OMB shall provide documents to requesters in this category for the cost of reproduction alone, excluding charges for the first 100 pages.
- Representatives of the news media. OMB shall provide documents to requesters in this category for the cost of reproduction alone, excluding charges for the first 100 pages.
- All other requesters. OMB shall charge requesters who do not fit into any of the categories above fees that recover the full reasonable direct cost of searching for and reproducing records that are responsive to the request, except that the first 100 pages of reproduction and the first two hours of search time shall be furnished without charge.
OMB may waive fees, in whole or in part, if “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” If you wish to request a waiver of fees, please provide as much information as possible about how you will be using the information in order for OMB to make its determination.

Please note that in certain circumstances, such as when fees exceed $250 OMB may contact a requester for the advance payment of fees by check or money order payable to the U.S. Treasury.

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How long will it take to receive an answer to my FOIA request? The FOIA Act gives OMB a minimum of 20 working days (that’s excluding Saturdays, Sundays and legal public holidays) to respond to your request. OMB can also extend that time period an additional 10 working days (OMB will send you a letter when that occurs). As noted above, due to security reasons, OMB’s receipt and processing of mail could be delayed; the 20-day time period only begins when OMB has received your letter.

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What will I receive in response to my FOIA request? OMB will send you a letter responding to your FOIA request. If we have located records in response to your request, our letter will tell you that. If we have located records, but have withheld any part of them, our letter will tell you of your right to file an appeal within OMB (see below for how to file an appeal). If OMB denies an appeal in whole or in part, the requester may seek judicial review of that denial.

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What if I have concerns about the processing of my FOIA request? OMB has a FOIA Requester Service Center. You can call the FOIA Requester Service Center at: (202) 395-FOIA (3642). The FOIA Requester Service Center is available to assist you in answering questions that you have about your request. If you are not satisfied with the assistance you receive from the FOIA Requester Service Center or they cannot assist you, you may also leave a message for OMB’s Public Liaison: (202) 395-FOIA (3642).

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May I ask for my request to be expedited? OMB’s regulations provide for how someone can request expedited processing. Generally, you can request expedited processing if you demonstrate in your request letter to OMB one of the following:
1. Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;
2. An urgency to inform the public about an actual or alleged Federal government activity, if made by a person primarily engaged in disseminating information;
3. The loss of substantial due process rights; or
4. A matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which effect public confidence.

OMB will respond to your request for expedited processing within 10 working days. At the present time, OMB does not have multi-track processing (which means that OMB staff works on requests as they come in; there is not a first-in-first-out queue that your request comes in).

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About the response I receive from OMB:

What if I have concerns about the response I receive to my FOIA request? As noted above, OMB has a FOIA Requester Service Center. You can call the FOIA Requester Service Center at: (202) 395-FOIA (3642). The FOIA Requester Service Center is also available to assist you in answering questions that you have about OMB’s response to your request. If you are not satisfied with the assistance you receive from the FOIA Requester Service Center or they cannot assist you, you may also leave a message for OMB’s Public Liaison: (202) 395-FOIA (3642).

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How do I appeal OMB’s response to my FOIA request? Send your appeal, in another letter, to the same address as before:
Dionne Hardy, FOIA Officer
Office of Management and Budget,
725 17th Street NW, Suite 9204
Washington, DC 20503
E-mail address: OMBFOIA@omb.eop.gov

Please note that for security reasons, OMB’s receipt and processing of mail may be delayed. Therefore, you may also fax your letter to: (202) 395-FOIA (3642).

Although it is not required, it is helpful to OMB in processing your appeal request if you include a copy of your original request letter as well as OMB’s response.

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When will I hear back on my appeal? The FOIA Act gives OMB a minimum of 20 working days (excluding Saturdays, Sundays and legal public holidays) to respond to your appeal request. OMB can also extend that time period an additional 10 working days (OMB will send you a letter when that occurs). As noted above, due to security reasons, OMB’s receipt and processing of mail could be delayed; the 20-day time period only begins when OMB has received your letter.

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About documents OMB has:

Are there records that OMB has that I can look at (inspect), without filing a FOIA request? OMB makes available in its Public Reading Room and in the Regulatory/Paperwork Records Management Center information pertaining to matters issued, adopted, or promulgated by OMB; these are commonly known as “reading room materials.” These materials include the Federal Budget, OMB Circulars, selected OMB Bulletins, regulations and information collections reviewed by OMB, other policies and management documents, and OMB’s Annual FOIA Report. Many of these documents are also available through OMB’s Internet Home Page. Visitors to the public reading area must write or telephone ahead (see below for details) to make an appointment. Security in the New Executive Office Building prevents visitors from entering the building without an appointment.
- OMB’s Public Reading Room: OMB’s public reading area is located in the Executive Office of the President Library, Room G-102, New Executive Office Building, 725 17th Street NW, Washington, DC 20503, (202) 395-FOIA (3642).

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FOIA Library

Many of OMB’s documents are available to the public without having to make a Freedom of Information Act (FOIA) request. These documents are called “proactive disclosures” because they are proactively posted online. Documents which are disclosed in the interest of transparency and documents which have been requested frequently under FOIA are provided below. Additional OMB documents including circulars and bulletins can be found by using the search tool on this page.

Calendars of Director Vought

2019

January February March April May June

Calendars of Director Mulvaney

2018

January February March April May June

July August September October November December

2017

January February March April May June

July August September October November December

Calendars for additional months are being processed and will be released in the future on a rolling basis.

OMB Visitor Records

January 2017 February-March 2017 April 2017 May 2017

June-September 2017 October 2017-January 2018

February 2018 March 2018 April 2018 May 2018

June 2018 July 2018 August 2018 September 2018 October 2018

November 2018 December 2018 January 2019 February 2019

March 2019 April 2019 May 2019 June 2019 July 2019

August 2019 September 2019 October 2019 November 2019

December 2019 January 2020 February 2020 March 2020

April 2020 May 2020 June 2020 July 2020 August 2020

September 2020 October 2020 November 2020 December 2020

Additional visitor records for the period since January 20, 2017 are being processed for release on a rolling basis. New records will be released on a monthly basis going forward.

Public Comments on Government-wide Reform

Posted here are the public comments and suggestions received in response to Executive Order 13781 (Comprehensive Plan for Reorganizing the Executive Branch) and OMB Memorandum M-17-22 (Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce). The public comment period was open from May 15, 2017 through June 12, 2017. See 82 FR 22355. To the extent possible, personally identifiable information has been redacted.

April 2019