[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-60.402-2]

[Page 286-287]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-60--PUBLIC AVAILABILITY OF AGENCY RECORDS AND INFORMATIONAL MATERIALS--Table of Contents
 
                   Subpart 105-60.4--Described Records
 
Sec. 105-60.402-2  Response to initial requests.

    (a) GSA will respond to an initial FOIA request that reasonably 
describes requested records, including a fee waiver request, within 20 
workdays (that is, excluding Saturdays, Sundays, and legal holidays) 
after receipt of a request by the office of the appropriate official 
specified in Sec. 105-60.402-1. This letter will provide the agency's 
decision with respect to disclosure or nondisclosure of the requested 
records, or, if appropriate, a decision on a request for a fee waiver. 
If the records to be disclosed are not provided with the initial letter, 
the records will be sent as soon as possible thereafter.
    (b) In unusual circumstances, as described in Sec. 105-60.404, GSA 
will inform the requester of the agency's need to take an extension of 
time, not to exceed an additional 10 workdays. This notice will afford 
requesters an opportunity to limit the scope of the request so that it 
may be processed within prescribed time limits or an opportunity to 
arrange an alternative time frame for processing the request or a 
modified request. Such mutually agreed time frames will supersede the 10 
day limit for extensions.
    (c) GSA will consider requests for expedited processing from 
requesters who submit a statement describing a compelling need and 
certifying that this need is true and correct to the best of such 
person's knowledge and belief. A compelling need means:
    (1) Failure to obtain the records on an expedited basis could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (2) The information is urgently needed by an individual primarily 
engaged in disseminating information in order to inform the public 
concerning actual or alleged Federal Government activity. An individual 
primarily engaged in dissmeninating information means a person whose 
primary activity involves publishing or otherwise disseminating 
information to the public. ``Urgently needed'' information has a 
particular

[[Page 287]]

value that will be lost if not disseminated quickly, such as a breaking 
news story or general public interest. Information of historical 
interest only, or information sought for litigation or commercial 
activities would not qualify, nor would a news media publication or 
broadcast deadline unrelated to the newsbreaking nature of the 
information.
    (d) GSA will decide whether to grant expedited processing within 
five working days of receipt of the request. If the request is granted, 
GSA will process the request ahead of non-expedited requests, as soon as 
practicable. If the request is not granted, GSA will give expeditious 
consideration to administrative appeals of this denial.
    (e) GSA may, at its discretion, establish three processing queues 
based on whether any requests have been granted expedited status and on 
the difficulty and complexity of preparing a response. Within each 
queue, responses will be prepared on a ``first in, first out'' basis. 
One queue will be made up of expedited requests; the second, of simple 
responses that clearly can be prepared without requesting an extension 
of time; the third, of responses that will require an extension of time.