Determinations

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

Timing
By law, an agency is generally required to make a "determination" with respect to a FOIA request within 20 working days.

Required Contents
In order to make a "determination," an agency must a least: "(i) gather and review the documents; (ii) determine and communicate the scope of the documents it intends to produce and withhold, and the reasons for withholding and documents; and (iii) 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."