[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1820.4]

[Page 312-313]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                 CHAPTER VIII--OFFICE OF SPECIAL COUNSEL
 
PART 1820_FREEDOM OF INFORMATION ACT REQUESTS; PRODUCTION OF RECORDS OR 
 
Sec. 1820.4  Timing of responses to requests.

    (a) In general.OSC ordinarily will respond to FOIA requests 
according to their order of receipt. In determining which records are 
responsive to a request, OSC ordinarily will include only records in its 
possession as of the date on which it begins its search for them. If any 
other date is used, OSC will inform the requester of that date.
    (b) Multitrack processing. (1) OSC may use two or more processing 
tracks by distinguishing between simple and more complex requests based 
on the amount of work and/or time needed to process the request.
    (2) When using multitrack processing, OSC may provide requesters in 
its slower track(s) with an opportunity to limit the scope of their 
requests in order to qualify for faster processing within the specified 
limits of the faster track(s).

[[Page 313]]

    (c) Expedited processing. (1) Requests and appeals will be taken out 
of order and given expedited treatment whenever OSC has established to 
its satisfaction that:
    (i) Failure to obtain requested records on an expedited basis could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (ii) With respect to a request made by a person primarily engaged in 
disseminating information, an urgency exists to inform the public about 
an actual or alleged federal government activity; or
    (iii) Records requested relate to an appeal that is pending before, 
or that the requester faces an imminent deadline for filing with, the 
Merit Systems Protection Board or other administrative tribunal or a 
court of law, seeking personal relief pursuant to a complaint filed by 
the requester with OSC, or referred to OSC pursuant to title 38 of the 
U.S. Code.
    (2) A request for expedited processing must be made in writing and 
sent to OSC's FOIA Officer. Such a request will not be considered to 
have been received until it reaches the FOIA Officer.
    (3) A requester who seeks expedited processing must submit a 
statement, certified to be true and correct to the best of that person's 
knowledge and belief, explaining in detail the basis for requesting 
expedited processing. For example, a requester within the category 
described in paragraph (c)(1)(ii) of this section, if not a full-time 
member of the news media, must establish that he or she is a person 
whose main professional activity or occupation is information 
dissemination, though it need not be his or her sole occupation. The 
formality of certification may be waived as a matter of OSC's 
administrative discretion.
    (4) OSC shall decide whether to grant a request for expedited 
processing and notify the requester of its decision within 10 calendar 
days of the FOIA Officer's receipt of the request. If the request for 
expedited processing is granted, the request for records shall be 
processed as soon as practicable. If a request for expedited processing 
is denied, any administrative appeal of that decision shall be acted on 
expeditiously.
    (d) Aggregated requests. OSC may aggregate multiple requests by the 
same requester, or by a group of requesters acting in concert, if it 
reasonably believes that such requests actually constitute a single 
request involving unusual circumstances, as defined by the FOIA, 
supporting an extension of time to respond, and the requests involve 
clearly related matters.