What are the criteria for receiving expedited processing?

To receive expedited processing of your request, you must demonstrate to the satisfaction of the FOIA office that your request meets one of the following criteria:

1. Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;
2. An urgency to inform the public about an actual or alleged Federal Government activity if the request is made by a person primarily engaged in disseminating information.  In most situations, a person primarily engaged in disseminating information is a representative of the news media. The requested information must be the type of information which has particular value that will be lost if not disseminated quickly and ordinarily refers to a breaking news story of general public interest. However, neither information of historical interest only or sought for litigation or commercial activities nor a news media deadline unrelated to breaking news qualify for expedited processing; or
3. The loss of substantial due process rights.

A request for expedited processing should be submitted with your FOIA request. For a prompt determination, you must submit a request complying with the requirements of 11 CFR § 9405.7 to the Chief FOIA Officer.

If you are seeking expedited processing, you must submit a statement explaining in detail the basis for your request. You must certify in your letter that your need for expedited processing is true and correct to the best of your knowledge and belief.

Within 10 calendar days of receipt of your request, the FOIA office will notify you whether it will grant expedited processing. If expedited processing is granted, the office will give priority to that FOIA request and process the request as soon as practicable. If expedited processing is denied, the FOIA office will notify you of your right to appeal the decision on expedited processing. Appeals of denials of requests for expedited processing will be processed ahead of other appeals (see 43 CFR Part 2, § 2.32(b)). If the FOIA office has not responded to your request for expedited processing within 10 calendar days, you have a right to file an appeal for non-response.