OGIS Publishes Four New Ombuds Observers Clarifying FOIA Terms of Art

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The Office of Government Information Services (OGIS) has published four Ombuds Observers clarifying FOIA terms of art. 

OGIS wrote the Observers after observing that even the most seasoned Freedom of Information Act (FOIA) requesters can conflate various terms of art used in FOIA administration. Helping everyone have a better understanding of the different terms—and the situations they refer to—will, we hope, avoid confusion and help explain the FOIA process.   

The first Observer https://www.archives.gov/ogis/resources/foia-ombuds-observer/2026-01 explores the difference between “unusual circumstances” and “exceptional circumstances”

The second Observer https://www.archives.gov/ogis/resources/foia-ombuds-observer/2026-02 explains the difference between a request that is “not reasonably described” versus one that is “unduly/overly burdensome.” 

The third Observer https://www.archives.gov/ogis/resources/foia-ombuds-observer/2026-03 explains why an agency would “route” a request within the agency, “refer” a request to another agency, or “consult” with another agency on a request. 

The fourth Observer https://www.archives.gov/ogis/resources/foia-ombuds-observer/2026-04 explores fee requester categories, fee waivers, and how the two intersect. 

OGIS publishes Ombuds Observers to address questions and issues frequently observed in our work. We hope these four new Observers will be a valuable resource and aid in understanding and navigating the FOIA process.