Expedited Processing

Introduction
The FOIA provides for expedited review of requests in certain circumstances, which means that the request will be taken out of the order in which it was received and prioritized over other FOIA requests.

Such requests must be made in the initial request letter. An agency that grants a request for expedited processing must review the FOIA request “as soon as practicable.” The FOIA requires agencies to issue regulations providing for expedited processing guidelines “in cases in which the person requesting the records demonstrates a compelling need” and “in other cases determined by the agency.”

Circumstances in which expedited processing is warranted
Subsection (a)(6)(E) of FOIA states:


 * (i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records—
 * (I) in cases in which the person requesting the records demonstrates a compelling need; and
 * (II) in other cases determined by the agency.

Compelling need
"Compelling need", as defined in the statute, means (I) that a failure to obtain requested records on an expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (II) with respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity.

When a request for expedited processing is denied
If a request for expedited processing is denied, the requester may appeal within the agency or to file a lawsuit. While a requester must exhaust all administrative appeals prior to filing a lawsuit in some cases — such as appeals of denials of fee waivers — a requester may immediately file suit upon being denied expedited review. As one court explained, an administrative appeal for expedited review is not “a prerequisite for judicial review.” However, in most circumstances, the more common (and less costly) approach upon denial of an expedited review request is to first try to resolve the matter in the administrative appeal process.