When does the 20-business-day FOIA clock actually start counting?

Under the federal Freedom of Information Act, an agency generally has 20 business days to make a determination on a request. A common point of confusion is when that count begins — and the answer is usually not the day you hit “send.”

Receipt by the proper component

The clock generally starts when the request is received by the appropriate component of the agency that holds the records. Large agencies are made up of many offices, and a request routed to the wrong one may need to be forwarded before the count begins. Sending a request to the right office in the first place avoids that delay.

In practice, the statute allows the clock to start no later than a short period (commonly cited as up to 10 business days) after any component of the agency first receives it, so misrouting does not pause the timeline indefinitely.

The request must be “perfected”

The count assumes the agency has a request it can actually act on — sometimes called a perfected request. The clock may not start, or may pause, until:

• The request reasonably describes the records sought, so staff can search without guessing.
• Any required fee or fee-category information is resolved, if the agency needs clarification to process or bill the request.

If the agency reasonably asks for clarification, the time spent waiting for your answer can stop the clock until you respond.

Business days, not calendar days

The period is counted in business days, excluding weekends and federal holidays — so 20 business days is roughly four calendar weeks at a minimum.

A few important caveats

• “Determination” within 20 business days means deciding the scope of what will be released or withheld and notifying you of appeal rights — not necessarily delivering every page by day 20.
• Unusual circumstances can extend the period, and backlogs often push the real-world wait longer.
• State public-records laws set their own start rules and timelines, which vary widely by jurisdiction — do not assume the federal 20-day framework applies to a state or local request.

The cleanest way to start the clock promptly is to send a specific, well-described request to the correct office. For more background, see our FOIA and public records topic.