The U.S. Trade Representative will update its FOIA regulations regarding expediting processing, according to a notice scheduled to be published in the Federal Register on July 25, 2023. Specifically, USTR will adopt two examples from DOJ’s guidance as to what qualifies as a “compelling need”: (1) the 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; and (2) with respect to a request made by a person primarily engaged in disseminating information, there is urgency to inform the public concerning actual or alleged Federal Government activity.
Public comments will be accepted for 30 days from the notice’s publication date.