Pre-determination agency actions

Introduction
An agency has a variety of obligations it must fulfill as part of its compliance under FOIA.

Searching for records
See also: sufficiency of an agency's search

Agencies have a duty to liberally construe FOIA requests to ensure responsive records are found. To fulfill its search obligations, an agency must “demonstrate beyond material doubt that its search was reasonably calculated to uncover all relevant documents.” Under this standard, the question is not "'whether there might exist any other documents possibly responsive to the request, but rather whether the search for those documents was adequate. The adequacy of the search, in turn, is judged by a standard of reasonableness and depends, not surprisingly, upon the facts of each case. In demonstrating the adequacy of the search, the agency may rely upon reasonably detailed, nonconclusory affidavits submitted in good faith.'" Nonetheless, an agency “cannot limit its search to only one or more places if there are additional sources that are likely to turn up the information requested.”

For more detail, see the page on sufficiency of an agency's search.