[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-60.403]

[Page 413]
 
           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. 105-60.403  Appeal within GSA.

    (a) A requester who receives a denial of a request, in whole or in 
part, a denial of a request for expedited processing or of a fee waiver 
request may appeal that decision within GSA. A requester may also appeal 
the adequacy of the search if GSA determines that it has searched for 
but has not requested records. The requester must send the appeal to the 
GSA FOIA Officer, General Services Administration (CAI), Washington, DC 
20405, regardless of whether the denial being appealed was made in the 
Central Office or in a regional office. For denials which originate in 
the Office of Inspector General, the requester must send the appeal to 
the Inspector General, General Services Administration, 1800 F Street 
NW., Washington, DC 20405.
    (b) The GSA FOIA Officer must receive an appeal no later than 120 
calendar days after receipt by the requester of the initial denial of 
access or fee waiver.
    (c) An appeal must be in writing and include a brief statement of 
the reasons he or she thinks GSA should release the records or provide 
expedited processing and enclose copies of the initial request and 
denial. The appeal letter must include the words ``Freedom of 
Information Act Appeal'' on both the face of the appeal letter and on 
the envelope. Failure to follow these procedures will delay processing 
of the appeal. GSA has 20 workdays after receipt of a proper appeal of 
denial of records to issue a determination with respect to the appeal. 
The 20-workday time limit shall not begin until the GSA FOIA Officer 
receives the appeal. As noted in Sec. 105-60.404, the GSA FOIA Officer 
may extend this time limit in unusual circumstances. GSA will process 
appeals of denials of expedited processing as soon as possible after 
receiving them.
    (d) A requester who receives a denial of an appeal, or who has not 
received a response to an appeal or initial request within the statutory 
time frame may seek judicial review in the United States District Court 
in the district in which the requester resides or has a principal place 
of business, or where the records are situated, or in the United States 
District Court for the District of Columbia.