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1 shall stay any order requiring the release of records pending

2 final judicial resolution of any appeal from such order."; and

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(c) in redesignated subparagraph (L)—

(1) by adding "or any submitter who is a party to the litigation" after "United States"; and

(2) by striking out "complainant" and insert

ing in lieu thereof “requester”.

AMENDMENTS RELATING TO THE TIME FOR AGENCY

RESPONSE

SEC. 6. Paragraph (6) of section 552(a) of title 5, United

11 States Code, is amended

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(a) in subparagraph (A)—

(1) by striking out "for records made under paragraph (1), (2), or (3) of this subsection" and

inserting in lieu thereof "made under paragraph

(1), (2), or (3) of this subsection for records which

are sufficiently identified and limited that no more

than eight working hours of search and review

time are required to respond to the request, and

which do not contain trade secrets, commercial or

financial information, or other commercially valua

ble information provided by a submitter";

(2) in clause (i), by striking out "ten days (excepting Saturdays, Sundays, and legal public

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holidays)" and inserting in lieu thereof "ten work

ing days"; and

(3) in clause (ii), by striking out "twenty days (excepting Saturdays, Sundays, and legal

public holidays)" and inserting in lieu thereof "twenty working days";

(b) by amending subparagraph (B) to read as follows:

"(B) Except as provided in subparagraph (A), each

10 agency, upon any request for records made under paragraph

11 (1), (2), or (3) of this subsection, shall

“(i) within thirty working days after the receipt of

the request

"(a) determine whether to comply with such

request, in whole or in part, and immediately notify the requester of such determination and the

reasons therefor, and of the requester's right to

appeal to the head of the agency any adverse determination; or

"(b) notify the requester of the estimated time period required for such determination, and the reasons therefor, such time period to be estab

lished in accordance with agency regulations pro

mulgated hereunder but not to exceed one year;

and

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“(ii) within thirty working days after the receipt

of an appeal

“(a) make a determination of the appeal; or

"(b) notify the requester of the estimated time period required for such determination, and

the reasons therefor, such time period to be estab

lished in accordance with agency regulations pro

mulgated hereunder but not to exceed six months. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the requester of the provisions for judicial review of that determination under paragraph (4) of this subsection.";

(c) by redesignating subparagraph (C) as subparagraph (E);

(d) by adding the following new subparagraphs after subparagraph (B):

“(C) Each agency shall promulgate regulations pursuant

18 to notice and receipt of public comment, specifying the time 19 periods under subparagraph (B). Such regulations shall pro20 vide for the shortest practicable time periods and shall take 21 into account all relevant factors, including but not limited 22 to

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"(i) the volume of requests and appeals received

by the agency;

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"(ii) the resources available to the agency for the processing of such requests and appeals;

"(iii) the volume of records required to be searched to locate all records responsive to the request

or appeal;

"(iv) the volume of responsive records required to be reviewed for release pursuant to the request or

appeal;

"(v) the need to search for or review records maintained in field facilities or other establishments

that are separate from the agency office processing the request or appeal;

“(vi) the character of the records requested;

"(vii) the need for consultation, which shall be conducted with all practicable speed, with another agency or among two or more components of the agency having substantial subject matter interest therein; and

"(viii) the need for notification of submitters of information and for consideration of any objections to disclosure made by such submitters.

"(D) Each agency shall promulgate regulations, pursu23 ant to notice and receipt of public comment, by which a re24 quester who demonstrates a compelling need for expedited 25 access to records and whose request for information will pri

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1 marily benefit the general public may, as a matter of the

2 agency's discretion, be given processing priority over other 3 requesters."; and

(e) in redesignated subparagraph (E)—

(1) by striking out "person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection" and inserting in lieu thereof "requester";

(2) by adding after the first sentence the following new sentence: "If a requester files a complaint under paragraph (4)(E), the administrative

remedies of a submitter of information contained

in the records which are the subject of the request

shall be deemed to have been exhausted."; and

(3) in the next to last sentence, by striking

out "such person making such request" and inserting in lieu thereof "the requester, except that if the disclosure of records is objected to by a submitter pursuant to paragraph (4)(B)(iii), the agency shall not disclose the records for fifteen

working days after notice of the final decision to

release the requested information has been for

warded to the submitter.".