Expedited Processing

Expedited Processing is granted ONLY in Qualified Circumstances and Conditions

Click here to see the Expedited Request Form

Some requests may qualify for expedited treatment if the requester can demonstrate that it meets certain criteria established under DoD regulations. See 32 C.F.R. § 286.4(d)(3) (PDF | 14 KB) et seq. Expedited processing shall be granted to a requester after the requester requests such, and, demonstrates a compelling need for the information. Compelling need means that the 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 when the information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal Government activity. Requests are not given expedited treatment solely on the basis that the requester is a member of the news media. Other reasons that merit expedited processing are an imminent loss of substantial due process rights and humanitarian need.

Your request for expedited processing must include information which demonstrates that your request meets the above mentioned criteria for expedited processing. We will notify you of our decision on your request for expedited processing within ten days after receiving your request. If we deny your request for expedited processing, your will be advised of your right to submit an administrative appeal.

How to Submit an Expedited FOIA Request

Expedited Processing: Two circumstances merit expedited processing according to the procedures that follow. These same procedures apply to requests for expedited processing of administrative appeals.

Compelling Need: Expedited processing shall be granted to a requester upon a specific request for such and demonstration of a compelling need for the information. The OSD/JS FOIA Requester Service Center shall respond to the requester with the determination whether to grant or deny expedited processing within 10 calendar days after receipt of the request. Once the OSD/JS FOIA Requester Service Center decides to grant expedited processing, the request shall be processed as soon as practicable. Actions by the OSD/JS FOIA Requester Service Center to initially deny or affirm the initial denial on appeal of a request for expedited processing, and failure to respond in a timely manner shall be subject to judicial review if the requester seeks relief in United States District Court.

"Compelling need" means that the 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 that the information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal Government activity.

"An individual primarily engaged in disseminating information" means a person whose primary activity involves publishing or otherwise disseminating information to the public. To meet this criterion, an organization or person must establish that information dissemination is their principal professional activity or occupation, and not an incidental or secondary activity.

"Urgently needed" means the information has a particular value that will be lost if not disseminated quickly, such as a breaking story of general public interest. Information of historical interest only, or information sought for litigation or commercial activities, would not qualify as "urgently needed," nor would a news media publication or broadcast deadline unrelated to the news-breaking nature of the information. The burden of demonstrating that the requested information has a particular value that will be lost if not disseminated quickly is on the requester.

A "demonstration" of compelling need means a statement certified to be true and correct to the best of the requester's knowledge. This statement must accompany the request in order to be considered and responded to within the 10 calendar days required for decisions on expedited access.

Imminent Loss of Due Process Rights: Expedited processing shall also be granted to a requester if loss of substantial due process rights is imminent. A demonstration of imminent loss of substantial due process rights by the requester shall include a description of the due process rights that would be lost and a statement certified to be true and correct to the best of the requester's knowledge. This statement must accompany the request in order to be considered and responded to within the 10 calendar days required for decisions on expedited access. If the OSD/JS FOIA Requester Service Center decides to expedite the request for this reason, the request may be processed in the expedited track behind those requests qualifying for compelling need.

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