FOIA Gets a Facelift: Faster Info Requests Ahead
Published Date: 3/3/2026
Rule
Summary
The Defense Nuclear Facilities Safety Board just updated its Freedom of Information Act rules to make it easier and faster for you to get info. Starting April 2, 2026, you can send FOIA requests by email or online, and simple requests will be handled quicker. These changes also reflect new laws and agency updates, with no extra fees if deadlines are missed.
Analyzed Economic Effects
9 provisions identified: 7 benefits, 2 costs, 0 mixed.
Faster Processing for Simple Requests
The Board will use multitrack processing and separate tracks for expedited, simple, and complex requests so simple requests can be handled more quickly. The Board must tell you which track your request is in and may offer you a chance to narrow the request to move it into a faster track.
No Search Fees If Board Misses Deadlines
If the Board fails to meet the response deadlines in Sec. 1703.108, the Board will not assess search fees for requests. This follows the OPEN Government Act rule that agencies may not charge search or copy fees if they miss statutory timeframes unless unusual or exceptional circumstances apply.
Fees Possible for Very Large Requests (5,000+ pages)
If the Board determines "unusual circumstances" apply and more than 5,000 pages are needed to respond, the Board may charge search or duplication fees (even for preferred-fee status requesters) after providing timely written notice and making at least three good-faith attempts to discuss narrowing the request. A court finding of "exceptional circumstances" can also excuse delay.
Board May Aggregate Multiple Requests
To determine whether "unusual circumstances" apply, the Board may aggregate requests when multiple requests by one requester, or a group acting in concert, reasonably appear to constitute a single request; the Board will not aggregate unrelated requests. Aggregation can affect whether extensions or fees apply.
Send FOIA Requests by Email or Online
Starting April 2, 2026, you can submit FOIA requests to the Defense Nuclear Facilities Safety Board by email at [email protected] or through the government-wide FOIA.gov portal. The rule also states a request is not "received" for response-time calculations until it is in the possession of the Designated FOIA Officer or their designee.
Students: Educational Fee Status and No Duplication Fees
The rule revises the definition of "educational institution" to include students who make FOIA requests in furtherance of coursework or school-sponsored activities. The Board will not assess duplication fees from requesters described in the educational/noncommercial scientific category if it has failed to meet its deadlines in Sec. 1703.108.
Broader News-Media Fee Eligibility
The Board expands the definition of "representative of the news media" to remove the requirement that a requester work for an entity "organized and operated" to publish news and to include people who gather information, use editorial skills to create a distinct work, and distribute it to an audience (including some freelance journalists).
Longer Deadline to Appeal Fee Waiver Denials
The time to appeal a denial of a fee waiver is extended from 30 days to 90 days in Sec. 1703.109(a)(1), as required by the FOIA Improvement Act of 2016. This gives requesters more time to file an administrative appeal of a fee-waiver denial.
Denial Letters Must Give Clear Reasons
Denials must be signed by the Designated FOIA Officer and include the name and title of the denier, the reason and FOIA exemption used, an estimate of withheld volume (e.g., pages), appeal procedures under Sec. 1703.109, and notice of assistance from the FOIA Public Liaison and the Office of Government Information Services.
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Key Dates
Department and Agencies
Related Federal Register Documents
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