Determinations

Introduction
An agency's first substantive response to a FOIA request is called a "determination."

Timing
For ordinary FOIA requests, the agency make a "determination" within 20 working days.

If an request has been granted Expedited Processing, the agency must make a determination "

Required Contents
In order for an agency's response to qualify as a "determination," the agency must:
 * 1) gather and review the documents;
 * 2) determine and communicate the scope of the documents it intends to produce and withhold, and the reasons for withholding and documents; and
 * 3) inform the requester that it can appeal whatever portion of the 'determination' is adverse.

Although "a 'determination' does not require actual production of the records to the requester at the exact same time that the 'determination' is communicated to the requester," a determination "must be more than just an initial statement that the agency will generally comply with a FOIA request and will produce non-exempt documents and claim exemptions in the future."