§ 552(a)(6)(E)(iii).Īccountability for Timely Determinations of Requests for Expedited ProcessingĪs mentioned above, the FOIA requires agencies not only to make a determination within ten days as to whether or not to grant a request for expedited processing, but to also convey that determination to the requester within that time period as well. As to the time period for processing the underlying request itself, the FOIA provides that when an agency grants expedited processing it is required to process the request "as soon as practicable." Id. This ten-day time limit includes both making the determination as to whether to grant expedited processing and providing notice of the decision to the requester. Specifically, the statute requires agencies to “make a determination of whether to provide expedited processing” within ten days. The FOIA provides agencies with a discrete time period to make a determination on whether to grant or deny requests for expedited processing. Time Limit to Make a Determination on Whether to Provide Expedited Processing
For a complete discussion of the standards for granting expedited processing, please see the "Procedural Requirements" chapter of the United States Department of Justice Guide to the Freedom of Information Act. The FOIA requires that requesters demonstrate their “compelling need” by providing the agency with “a statement certified by such person to be true and correct to the best of knowledge and belief.” 5 U.S.C. For example, the Department of Justice's FOIA regulations provide for expedited processing in two additional circumstances first, whenever a requester establishes that the request involves a "loss of substantial due process rights" or second, when the request concerns " matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity which affect public confidence." See 28 C.F.R. In addition to these two standards, agencies may also at their discretion grant expedited processing based on other circumstances. A requester can show a "compelling need" in one of two ways: (1) by establishing that his or her failure to obtain the records on an expedited basis "could reasonably be expected to pose an imminent threat to the life or physical safety of an individual," or (2) in the case of a request made by "a person primarily engaged in disseminating information," by demonstrating that there is an "urgency to inform the public concerning actual or alleged Federal Government activity." Id. Specifically, the FOIA directs agencies to afford expedited processing whenever the requester demonstrates a "compelling need", or “in other cases determined by the agency.” Id.
The Freedom of Information Act (FOIA) contains a requirement that agencies establish procedures in their regulations that provide “for expedited processing of requests” in certain circumstances.
There are a number of steps agencies can take to ensure that they make these determinations in a timely way. Agencies must include in their Annual FOIA Report each year statistics on the number of requests for expedited processing where the determination to grant or deny such processing was made within the ten-day time period. As the Attorney General’s FOIA Guidelines stress, “agencies should make it a priority to respond in a timely manner.” This directive encompasses all aspects of FOIA administration, including the distinct ten-day timeline imposed by the FOIA for deciding whether to grant or deny expedited processing of a request.
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