Page:United States Statutes at Large Volume 121.djvu/2547

 121 STAT. 2526

PUBLIC LAW 110–175—DEC. 31, 2007

‘‘(I) notify the Special Counsel of each civil action described under the first sentence of clause (i); and ‘‘(II) annually submit a report to Congress on the number of such civil actions in the preceding year. ‘‘(iii) The Special Counsel shall annually submit a report to Congress on the actions taken by the Special Counsel under clause (i).’’.

Notification.

SEC. 6. TIME LIMITS FOR AGENCIES TO ACT ON REQUESTS.

5 USC 552 note.

dkrause on GSDDPC44 with PUBLAW

5 USC 552 note.

VerDate Aug 31 2005

07:12 Jan 26, 2009

Jkt 059194

(a) TIME LIMITS.— (1) IN GENERAL.—Section 552(a)(6)(A) of title 5, United States Code, is amended by inserting after clause (ii) the following: ‘‘The 20-day period under clause (i) shall commence on the date on which the request is first received by the appropriate component of the agency, but in any event not later than ten days after the request is first received by any component of the agency that is designated in the agency’s regulations under this section to receive requests under this section. The 20-day period shall not be tolled by the agency except— ‘‘(I) that the agency may make one request to the requester for information and toll the 20-day period while it is awaiting such information that it has reasonably requested from the requester under this section; or ‘‘(II) if necessary to clarify with the requester issues regarding fee assessment. In either case, the agency’s receipt of the requester’s response to the agency’s request for information or clarification ends the tolling period.’’. (2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect 1 year after the date of enactment of this Act. (b) COMPLIANCE WITH TIME LIMITS.— (1) IN GENERAL.— (A) SEARCH FEES.—Section 552(a)(4)(A) of title 5, United States Code, is amended by adding at the end the following: ‘‘(viii) An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time limit under paragraph (6), if no unusual or exceptional circumstances (as those terms are defined for purposes of paragraphs (6)(B) and (C), respectively) apply to the processing of the request.’’. (B) PUBLIC LIAISON.—Section 552(a)(6)(B)(ii) of title 5, United States Code, is amended by inserting after the first sentence the following: ‘‘To aid the requester, each agency shall make available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency.’’. (2) EFFECTIVE DATE AND APPLICATION.—The amendment made by this subsection shall take effect 1 year after the date of enactment of this Act and apply to requests for information under section 552 of title 5, United States Code, filed on or after that effective date.

PO 00002

Frm 01234

Fmt 6580

Sfmt 6581

M:\STATUTES\2007\59194PT2.001

APPS10

PsN: 59194PT2

�