[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.5]



[Page 270-271]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

  Subpart A_Procedures for Disclosure of Records Under the Freedom of 

                             Information Act

 

Sec. 16.5  Timing of responses to requests.



    (a) In general. Components ordinarily shall respond to requests 

according to their order of receipt.

    (b) Multitrack processing. (1) A component may use two or more 

processing tracks by distinguishing between simple and more complex 

requests based on the amount of work and/or time needed to process the 

request, including through limits based on the number of pages involved. 

If a component does so, it shall advise requesters in its slower 

track(s) of the limits of its faster track(s).

    (2) A component using multitrack processing may provide requesters 

in its slower track(s) with an opportunity to limit the scope of their 

requests in order to qualify for faster processing within the specified 

limits of the component's faster track(s). A component doing so will 

contact the requester either by telephone or by letter, whichever is 

more efficient in each case.

    (c) Unusual circumstances. (1) Where the statutory time limits for 

processing a request cannot be met because of ``unusual circumstances,'' 

as defined in the FOIA, and the component determines to extend the time 

limits on that basis, the component shall as soon as practicable notify 

the requester in writing of the unusual circumstances and of the date by 

which processing of the request can be expected to be completed. Where 

the extension is for more than ten working days, the component shall 

provide the requester with an opportunity either to modify the request 

so that it may be processed within the time limits or to arrange an 

alternative time period with the component for processing the request or 

a modified request.

    (2) Where a component reasonably believes that multiple requests 

submitted by a requester, or by a group of requesters acting in concert, 

constitute a single request that would otherwise involve unusual 

circumstances, and the requests involve clearly related matters, they 

may be aggregated. Multiple requests involving unrelated matters will 

not be aggregated.



[[Page 271]]



    (d) Expedited processing. (1) Requests and appeals will be taken out 

of order and given expedited treatment whenever it is determined that 

they involve:

    (i) 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;

    (ii) An urgency to inform the public about an actual or alleged 

federal government activity, if made by a person primarily engaged in 

disseminating information;

    (iii) The loss of substantial due process rights; or

    (iv) A matter of widespread and exceptional media interest in which 

there exist possible questions about the government's integrity which 

affect public confidence.

    (2) A request for expedited processing may be made at the time of 

the initial request for records or at any later time. For a prompt 

determination, a request for expedited processing must be received by 

the proper component. Requests based on the categories in paragraphs 

(d)(1)(i), (ii), and (iii) of this section must be submitted to the 

component that maintains the records requested. Requests based on the 

category in paragraph (d)(1)(iv) of this section must be submitted to 

the Director of Public Affairs, whose address is: Office of Public 

Affairs, U.S. Department of Justice, Room 1128, 950 Pennsylvania Avenue, 

NW., Washington DC 20530-0001. A component that receives a request that 

must be handled by the Office of Public Affairs shall forward it 

immediately to that office by hand-delivery or fax.

    (3) A requester who seeks expedited processing must submit a 

statement, certified to be true and correct to the best of that person's 

knowledge and belief, explaining in detail the basis for requesting 

expedited processing. For example, a requester within the category in 

paragraph (d)(1)(ii) of this section, if not a full-time member of the 

news media, must establish that he or she is a person whose main 

professional activity or occupation is information dissemination, though 

it need not be his or her sole occupation. A requester within the 

category in paragraph (d)(1)(ii) of this section also must establish a 

particular urgency to inform the public about the government activity 

involved in the request, beyond the public's right to know about 

government activity generally. The formality of certification may be 

waived as a matter of administrative discretion.

    (4) Within ten calendar days of its receipt of a request for 

expedited processing, the proper component shall decide whether to grant 

it and shall notify the requester of the decision. If a request for 

expedited treatment is granted, the request shall be given priority and 

shall be processed as soon as practicable. If a request for expedited 

processing is denied, any appeal of that decision shall be acted on 

expeditiously.