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| Freedom of Information Act contacts |
- Department of Agriculture
Rita Morgan
Acting FOIA/PA Coordinator
Room 440AA, Whitten Building
Washington, D.C. 20250-1300
telephone number: (202) 720-8164
- Department of Commerce
Brenda Dolan
FOIA/PA Officer, Room 5327
14th Street and Constitution Avenue, N.W.
Washington, D.C. 20230
telephone number: (202) 482-3258
fax number: (202) 219-8979
e-mail address: EFoia@doc.gov
- Department of Defense (Policy Guidance Only)
Will Kammer
Defense Freedom of Information Policy Office
1155 Defense Pentagon
Washington, D.C. 20301-1155
telephone number: (703) 696-4689
fax number: (703) 696-4506
- Air Force
John Espinal
HAF/ICIOD (FOIA)
1000 Air Force Pentagon
Washington, D.C. 20330-1000
telephone number: (703) 696-7263
fax number: (703) 696-7273
e-mail address: haffoia.workflow@pentagon.af.mil
- Army
Robert Dickerson
Freedom of Information and Privacy Acts Division
Attn: AHRC-PDD-FP
7701 Telegraph Road
Alexandria, VA 22315-3860
telephone number: (703) 428-6508
fax number: (703) 428-6522
e-mail address: e-mail address: DAFOIA@conus.army.mil
- Defense Commissary Agency (DeCA)
Donna Williamson
FOIA/Privacy Officer
1300 E Avenue
Fort Lee, VA 23801-1800
telephone number: (804) 734-8777
- Defense Contract Audit Agency
Susan Aldorfer
8725 John J. Kingman Road, Suite 2135
Fort Belvoir, VA 22060-6219
telephone number: (703) 767-1002
fax number: (703) 767-1011
e-mail address: DCAA-FOIA@dcaa.mil
- Defense Contract Management Agency
Cathy Alphin
P.O. Box 151300
Alexandria, VA 22315-9998
telephone number: (703) 428-1453
fax number: (703) 428-3580
- Defense Finance and Accounting Service
Linda Krabbenhoft
FOIA/PA Program Manager
DFAS-HAC/DE
6760 East Irvington Place
Denver, CO 80279-8000
telephone number: (303) 676-6045
fax number: (303) 676-7710
e-mail address: linda.krabbenhoft@dfas.mil
- Defense Information Systems Agency
Robin M. Berger
Code GC, P.O. Box 4502
Arlington, VA 22204-2199
telephone number: (703) 607-6515
fax number: (703) 607-4344
e-mail address: robin.berger@disa.mil
- Defense Intelligence Agency
Brian S. Kinsey
Chief, FOIA Staff, DAN-1A
Washington, D.C. 20340-5100
telephone number: (202) 231-3916
fax number: (202) 231-3909
e-mail address: foia@dia.mil
- Defense Logistics Agency
Lewis Oleinick
Chief Privacy and FOIA Officer
Stop 2533
8725 John J. Kingman Road
Fort Belvoir, VA 22060-6221
telephone number: (703) 767-6194
fax number: (703) 767-6091
- Defense Security Service
Les Blake
Chief, Office of FOIA and Privacy, GCF
1340 Braddock Place
Alexandria, VA 22314-1651
telephone number: (703) 325-5991
fax number: (703) 325-5341
e-mail address: leslie.blake@mail.dss.mil
- Defense Threat Reduction Agency
Brenda Carter
COSMI (FOIA)
8725 John J. Kingman Road
Fort Belvoir, VA 22060-6201
telephone number: (703) 767-1792
fax number: (703) 767-3623
e-mail adress: efoia@dtra.mil
- Marine Corps
Teresa (Tracy) D. Ross
FOIA/PA Coordinator
Headquarters, U.S. Marine Corps [CMC (ARSF)]
2 Navy Annex
Washington, D.C. 20380-1775
telephone number: (703) 614-4008/3685
fax number: (703) 614-6287
e-mail address: rosstd@hqmc.usmc.mil
- National Geospatial-Intelligence Agency
Annette Newman
Office of the General Counsel
4600 Sangamore Road (D-10)
Bethesda, MD 20816
telephone number: (301) 227-4744
fax number: (301) 227-2035
- National Reconnaissance Office
Information Access and Release Center
14675 Lee Road
Chantilly, VA 20151-1715
telephone number: (703) 227-9128
fax number: (703) 227-9198
e-mail address: foia@nro.mil
- National Security Agency
Pamela N. Phillips
Chief, FOIA/PA Services
Office of Information Policy, DC321
Ft. George G. Meade, MD 20755-6248
telephone number: (301) 688-6527
fax number: (301) 688-6198
- Navy
Doris M. Lama
Head, DONPA/FOIA Policy Branch
CNO (DNS-36)
2000 Navy Pentagon
Washington, D.C. 20350-2000
telephone number: (202) 685-6545
fax number: (202) 685-6580
e-mail address: foia@mail.navy.mil
- Office of the Inspector General
Darryl R. Aaron
Chief, FOIA/PA Office
400 Army Navy Drive, Room 1034
Arlington, VA 22202-2885
telephone number: (703) 604-9775
fax number: (703) 602-0294
e-mail address: foia@dodig.mil
- Office of the Secretary of Defense and Joint Staff
Will Kammer
OSD/JS FOIA Requester Service Center
Office of Freedom of Information
1155 Defense Pentagon
Washington, D.C. 20301-1155
telephone number: (703) 696-4689
fax number: (703) 696-4506
- Department of Education
Angela Arrington
Chief, FOIA Office
PCP-9156
550 12th Street, S.W.
Washington, D.C. 20202-4700
telephone number: (202) 245-6651
- Department of Energy
Abel Lopez
Director, FOIA/PA Division, ME-73
1000 Independence Avenue, S.W.
Washington, D.C. 20585
telephone number: (202) 586-5955
fax number: (202) 586-0575
- Department of Health and Human Services
Robert Eckert
Director, FOIA/Privacy Division
Room 5416, Mary E. Switzer Building
330 C Street, S.W.
Washington, D.C. 20201
telephone number: (202) 690-7453
fax number: (202) 690-8320
- Centers for Medicare & Medicaid Services
Michael S. Marquis
Director, Freedom of Information Group
Room N2-20-16
7500 Security Boulevard
Baltimore, MD 21244-1850
telephone number: (410) 786-5353
fax number: (410) 786-0474
- Food and Drug Administration
Frederick J. Sadler
Acting Director, FOI Staff
5600 Fishers Lane (HFI-30)
Rockville, MD 20857
telephone number: (301) 827-6567
fax number: (301) 443-1726
- National Institutes of Health
Susan R. Cornell
FOIA Officer
Building 31, Room 5B35
9000 Rockville Pike
Bethesda, MD 20892
telephone number: (301) 496-5633
fax number: (301) 402-4541
- Public Health Service
Darlene Christian
FOIA Officer
Room 17A46
5600 Fishers Lane
Rockville, MD 20857
telephone number: (301) 443-5252
fax number: (301) 443-0925
e-mail address: dchristian@psc.gov
- Department of Homeland Security
Catherine M. Papoi
Director, Departmental Disclosure, D-3
601 South 12th Street
Arlington, VA 22202
telephone number: (571) 227-3813
fax number: (571) 227-1125
- Bureau of Customs and Border Protection
Shari Suzuki
Chief, Disclosure Law Branch
1300 Pennsylvania Avenue, N.W.
Washington, D.C. 20229
telephone number: (202) 572-8720
fax number: (202) 572-8755
- United States Citizenship and Immigration Services
Brian J. Welsh
FOIA Officer
FOIA/PA Program
150 Space Center Loop, Suite 300
Lee's Summit, MO 64064-8010
telephone number: (816) 350-5570
fax number: (816) 350-5785
e-mail address: USCIS.FOIA@DHS.GOV
- United States Coast Guard
Donald G. Taylor
HQ USCG Commandant, CG-611
Washington, D.C. 20593-0001
telephone number: (202) 475-3519
fax number: (202) 475-3926
- Federal Emergency Management Agency
Jeff Ovall
FOI/PA Specialist, Room 840
500 C Street, S.W.
Washington, D.C. 20472
telephone number: (202) 646-3051
fax number: (202) 646-4536
- Federal Law Enforcement Training Center
Marty Zimmerman-Pate
1131 Chapel Crossing Road, Building 681
Glynco, GA 31524
telephone number: (912) 267-3103
fax number: (912) 267-3113
- United States Immigration and Customs Enforcement
Catrina Pavlik-Keenan
800 N. Capitol Street
Fifth Floor, Suite 585
Washington, D.C. 20536
Telephone number: (202) 732-0300
Toll-free number: (866) 633-1182
Fax number: (202) 732-0310
- Office of Inspector General
William Holzerland
245 Murray Drive, Building 410
Mail Stop 2600
Washington, D.C. 20528-0001
telephone number: (202) 254-4002
fax number: (202) 254-4287
- United States Secret Service
Latita M. Huff
Disclosure Officer
Bldg. 410
245 Murray Drive
Washington, D.C. 20223
telephone number: (202) 406-5838
fax number: (202) 406-5154
- Transportation Security Administration
Kevin J. Janet
FOIA Officer, TSA-20
601 South 12th Street
Arlington, VA 22202-4220
telephone number: (571) 227-2300
fax number: (571) 227-1406
- US-VISIT
Barbara Harrison
FOIA Officer
Washington, D.C. 20528
telephone number: (202) 298-5200
fax number: (202) 298-5201
- Department of Housing and Urban Development
Cynthia A. O'Connor
Executive Secretary
Room 10139
451 7th Street, S.W.
Washington, D.C. 20410
telephone number: (202) 708-3054
fax number: (202) 619-8365
e-mail address: foia_hud@hud.gov
- Department of the Interior
Alexandra Mallus
Departmental FOIA Officer (MS-5312 MIB)
Office of Information Resources Management
1849 C Street, N.W.
Washington, D.C. 20240
telephone number: (202) 208-5342
fax number: (202) 501-2360
e-mail address: alexandra_mallus@ios.doi.gov
- Department of Justice
- Department of Labor
Joseph J. Plick
Office of the Solicitor, Room N-2428
200 Constitution Avenue, N.W.
Washington, D.C. 20210
telephone number: (202) 693-5500
fax number: (202) 693-5538
- Department of State
Margaret P. Grafeld
Director, Office of IRM Programs and Services, SA-2
5th Floor
Washington, D.C. 20522-6001
telephone number for inquiries: (202) 261-8484
fax number: (202) 261-8579
- Department of Transportation
Kathy Ray
Departmental FOIA Officer
Office of the General Counsel (C-12)
1200 New Jersey Ave., SE., Suite W94-122
Washington, D.C. 20590
telephone number: (202) 366-4542
fax number: (202) 366-8536
- Federal Aviation Administration
Harry Olmsted, Manager
National FOIA Staff, ARC-40
800 Independence Avenue, S.W.
Washington, D.C. 20591
telephone number: (202) 267-9165
fax number: (202) 493-5032
e-mail address: 7-AWA-ARC-FOIA@faa.gov
- Department of the Treasury
Hugh Gilmore, Director
Disclosure Services
1500 Pennsylvania Avenue, N.W.
Washington, D.C. 20220
telephone number: (202) 622-0930
fax number: (202) 622-3895
- Comptroller of the Currency
Frank Vance, Jr.
Disclosure Officer
Washington, D.C. 20219
telephone number: (202) 874-4700
fax number: (202) 874-5274
e-mail address: foia-pa@occ.treas.gov
- Internal Revenue Service
Albert D. Adams
Director, Disclosure
Office of Disclosure
1111 Constitution Avenue, N.W.
Washington, D.C. 20224
telephone number: (202) 927-7425
- Office of Thrift Supervision
Roslyn Weeks
Program Specialist (FOIA)
Dissemination Branch
1700 G Street, N.W.
Washington, D.C. 20552
telephone number: (202) 906-5922
fax number: (202) 906-7755
e-mail address: public.info@ots.treas.gov
- Department of Veterans Affairs
John Livornese, Director
Records Management Service (005R1B)
810 Vermont Avenue, N.W.
Washington, D.C. 20420
telephone number: (202) 565-7819
fax number: (202) 565-6950
Federal Agencies
- Agency for International Development
J. M. Paskar
FOIA Coordinator
Room 2.07C, RRB
Washington, D.C. 20523-2701
telephone number: (202) 712-1217
fax number: (202) 216-3070
- American Battle Monuments Commission
Martha Sell
FOIA Assistant
Suite 500
2300 Clarendon Blvd.
Arlington, VA 22201
- Amtrak (National Railroad Passenger Corporation)
Medaris W. Oliveri
FOIA Officer
60 Massachusetts Avenue, N.E.
Washington, D.C. 20002
telephone number: (202) 906-2728
fax number: (202) 906-2169
- Broadcasting Board of Governors
Martha Diaz-Ortiz
FOIA/PA Officer
Office of the General Counsel
Suite 3349
330 Independence Avenue, S.W.
Washington, D.C. 20237
telephone number: (202) 260-4395
fax number: (202) 260-4394
- Central Intelligence Agency
Scott A. Koch
Information and Privacy Coordinator
Washington, D.C. 20505
telephone number: (703) 613-1287
- Chemical Safety and Hazard Investigation Board
Christopher Kirkpatrick
FOIA Officer
Suite C-100
2175 K Street, N.W.
Washington, D.C. 20037
telephone number: (202) 261-7600
fax number: (202) 261-7650
- Commission on Civil Rights
Emma Gonzalez-Joy
FOIA Officer
Room 730
624 9th Street, N.W.
Washington, D.C. 20425
telephone number: (202) 376-7700
fax number: (202) 376-1163
- Committee for Purchase from People who Are Blind or Severely Disabled
G. John Heyer
General Counsel
Suite 10800
1421 Jefferson Davis Highway
Arlington, VA 22202-3259
telephone number: (703) 603-7740
fax number: (703) 603-0655
- Commodity Futures Trading Commission
Eileen A. Donovan
Assistant Secretary of the Commission
1155 21st Street, N.W.
Washington, D.C. 20581
telephone number: (202) 418-5096
fax number: (202) 418-5543
- Consumer Product Safety Commission
Alberta E. Mills
FOIA Officer
4330 East West Highway
Bethesda, MD 20814
telephone number: (301) 504-7923
fax number: (301) 504-0127
- Corporation for National Service
Vanessa S. Brown
FOIA/PA Officer
1201 New York Avenue, N.W., Room 8200
Washington, D.C. 20525
telephone number: (202) 606-6671
fax number: (202) 565-2796
- Court Services and Offender Supervision Agency
Renee Barley
FOIA Officer
Room 1254
633 Indiana Avenue, N.W.
Washington, D.C. 20004-2902
telephone number: (202) 220-5355
fax number: (202) 220-5350
- Defense Nuclear Facilities Safety Board
Andrew Thibadeau
FOIA Director
625 Indiana Avenue, N.W., Suite 700
Washington, D.C. 20004
telephone number: (202) 694-7088
fax number: (202) 208-6518
e-mail address: andrewt@dnfsb.gov
- Environmental Protection Agency
Larry F. Gottesman
National FOIA Officer
Mail Code 2822T
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
telephone number: (202) 566-1667
fax number: (202) 566-2147
e-mail address: hq.foia@epamail.epa.gov
- Equal Employment Opportunity Commission
Stephanie D. Garner
Assistant Legal Counsel/FOIA
1801 L Street, N.W., 6th Floor
Washington, D.C. 20507
telephone number: (202) 663-4640
- Executive Office of the President
- Council on Environmental Quality
Edward A. Boling
Deputy General Counsel
722 Jackson Place, N.W.
Washington, D.C. 20503
telephone number: (202) 395-5750
- Office of Management and Budget
Dionne Hardy
FOIA Officer
9026 New Executive Office Building
Washington, D.C. 20503
telephone number: (202) 395-3642
fax number: (202) 395-3504
For policy guidance on FOIA fee matters, FOIA Officers may call OMB's Dan Costello at (202) 395-7857. Privacy Act Officers may call OMB's Hillary A. Jaffe at (202) 395-0348 for Privacy Act policy guidance.
- Office of National Drug Control Policy
Daniel Petersen
Assistant General Counsel
Washington, D.C. 20503
- Office of Science and Technology Policy
Aaron M. Flynn
Associate General Counsel
431 Eisenhower Executive Office Building
Washington, D.C. 20502
telephone number: (202) 456-6125
fax number: (202) 456-6027
- Office of the United States Trade Representative
Sybia Harrison
FOIA Officer
600 17th Street, N.W.
Washington, D.C. 20508
telephone number: (202) 395-3419
fax number: (202) 395-9458
e-mail address: sharrison@ustr.gov
- Privacy and Civil Liberties Oversight Board
Seth M. Wood
Deputy Executive Director and Counsel
1724 F Street, N.W.
Washington, D.C. 20502
telephone number: (202) 456-1240
fax number: (202) 456-1066
- Export-Import Bank
Joseph Sorbera
Deputy Treasurer Controller
811 Vermont Avenue, N.W., Room 1053
Washington, D.C. 20571
telephone number: (202) 565-3241
fax number: (202) 565-3294
- Farm Credit Administration
Debra Buccolo
FOI Officer
1501 Farm Credit Drive
McLean, VA 22102-5090
telephone number: (703) 883-4022
fax number: (703) 790-0052
e-mail address: foiaofficer@fca.gov
- Farm Credit System Insurance Corporation
Debra Buccolo
FOI Officer
1501 Farm Credit Drive
McLean, VA 22102-5090
telephone number: (703) 883-4022
fax number: (703) 790-0052
e-mail address: foiaofficer@fca.gov
- Federal Communications Commission
Shoko B. Hair
FOIA Officer
Room 5C406
445 12th Street, S.W.
Washington, D.C. 20554
telephone number: (202) 418-1379
fax number: (202) 418-0521
- Federal Deposit Insurance Corporation
Fred Fisch
Supervisory Counsel, Room H-3039
550 17th Street, N.W.
Washington, D.C. 20429
telephone number: (202) 898-7021
fax number: (202) 736-0547
e-mail address: efoia@fdic.gov
- Federal Election Commission
Lawrence Calvert
Acting Chief FOIA Officer
999 E Street, N.W.
Washington, D.C. 20463
telephone number: (202) 694-1650
fax number: (202) 219-1043
- Federal Energy Regulatory Commission
Andrew J. Black
Director
Office of External Affairs
888 1st Street, N.E.
Washington, D.C. 20426
telephone number: (202) 502-8004
fax number: (202) 208-2106
- Federal Housing Finance Board
Janice Kaye
FOIA Officer
1777 F Street, N.W.
Washington, D.C. 20006
telephone number: (202) 408-2511
fax number: (202) 408-2580
e-mail address: foia@fhfb.gov
- Federal Labor Relations Authority
Richard Zorn
FOIA Officer
Office of the General Counsel
Suite 210
607 14th Street, N.W.
Washington, D.C. 20424
telephone number: (202) 218-7743
fax number: (202) 482-6608
- Federal Maritime Commission
Bryant L. VanBrakle
Secretary of the Commission
800 North Capitol Street, N.W., Room 1046
Washington, D.C. 20573
telephone number: (202) 523-5725
- Federal Mediation and Conciliation Service
Maria Fried
General Counsel
2100 K Street, N.W.
Washington, D.C. 20427
telephone number: (202) 606-5444
e-mail address: foia@fmcs.gov
- Federal Mine Safety and Health Review Commission
Richard Baker
Executive Director
601 New Jersey Avenue, N.W.
Washington, D.C. 20001-2021
telephone number: (202) 434-9905
fax number: (202) 434-9906
e-mail address: info@fmshrc.gov
- Federal Open Market Committee
Carol R. Low
Secretariat Assistant
20th Street and Constitution Avenue, N.W., Mail Stop 55
Washington, D.C. 20551
telephone number: (202) 452-3255
fax number: (202) 452-2921
- Federal Reserve System
Jean McLaughlin
FOIA Manager
20th and C Streets, N.W., Room MP500
Washington, D.C. 20551
telephone number: (202) 452-2407
fax number: (202) 872-7565
- Federal Retirement Thrift Investment Board
James B. Petrick
Associate General Counsel and FOIA Officer
1250 H Street, N.W., 2nd Floor
Washington, D.C. 20005-3952
telephone number: (202) 942-1630
fax number: (202) 942-1676
- Federal Trade Commission
Joan Fina
FOIA/PA Officer
6th Street and Pennsylvania Avenue, N.W.
Washington, D.C. 20580
telephone number: (202) 326-2013
fax number: (202) 326-2477
e-mail address: foia@ftc.gov
- General Services Administration
Sharon V. Lighton
FOIA Officer
Information Management and Administrative Policy Division
Room 7123
1800 F Street, N.W.
Washington, D.C. 20405
telephone number: (202) 501-2262
fax number: (202) 501-2727
e-mail address: gsa.foia@gsa.gov
- Institute of Museum and Library Services
Mae Patten
Office of the General Counsel
Room 802
1100 Pennsylvania Avenue, N.W.
Washington, D.C. 20506
telephone number: (202) 653-4642
fax number: (202) 653-4625
- Inter-American Foundation
Jocelyn Nieva
Assistant General Counsel
10th Floor
901 North Stuart Street
Arlington, VA 22203
telephone number: (703) 306-4301
- Legal Services Corporation
Patricia Batie
FOIA Officer
3333 K Street, N.W.
Washington, D.C. 20007
telephone number: (202) 295-1625
fax number: (202) 337-6519
e-mail address: info@smtp.lsc.gov
- Merit Systems Protection Board
Arlin Winefordner
FOIA/PA Officer
Office of the Clerk
1615 M Street, N.W.
Washington, D.C. 20419
telephone number: (202) 653-7200, ext. 1162
fax number: (202) 653-7130
e-mail address: mspb@mspb.gov
- Millennium Challenge Corporation
John C. Mantini
Assistant General Counsel for Administration
875 15th Street, N.W.
Washington, D.C. 20005
telephone number: (202) 521-3863
- National Aeronautics and Space Administration
Stephen McConnell
FOIA Officer (Code PS)
300 E Street, S.W.
Washington, D.C. 20546
telephone number: (202) 358-0068
fax number: (202) 358-4345
e-mail address: foia@hq.nasa.gov
- National Archives and Records Administration
Ramona Oliver
FOIA Officer
Office of the General Counsel
Room 3110
8601 Adelphi Road
College Park, MD 20740-6001
telephone number: (301) 837-2024
- National Capital Planning Commission
Lois Schiffer
General Counsel
North Lobby, Suite 500
401 9th Street, N.W.
Washington, D.C. 20004
telephone number: (202) 482-7200
- National Credit Union Administration
Linda Dent
Staff Attorney
1775 Duke Street
Alexandria, VA 22314
telephone number: (703) 518-6540
fax number: (703) 518-6569
e-mail address: foia@ncua.gov
- National Endowment for the Arts
Kate Reynolds
FOIA Officer
1100 Pennsylvania Avenue, N.W., Room 518
Washington, D.C. 20506
telephone number: (202) 682-5505
fax number: (202) 682-5572
e-mail address: foia@arts.endow.gov
- National Endowment for the Humanities
Heather C. Gottry
Deputy General Counsel
1100 Pennsylvania Avenue, N.W., Room 529
Washington, D.C. 20506
telephone number: (202) 606-8322
fax number: (202) 606-8600
e-mail address: foia@neh.gov
- National Indian Gaming Commission
Jeannie McCoy
FOIA/PA Officer
Suite 9100
1441 L Street, N.W.
Washington, D.C. 20005
telephone number: (202) 632-7003
fax number: (202) 632-7066
- National Labor Relations Board
Jacqueline A. Young
Assistant General Counsel
Room 10612
1099 14th Street, N.W.
Washington, D.C. 20570
telephone number: (202) 273-3840
- National Mediation Board
Judy A. Femi
FOIA Officer
1301 K Street, N.W., Suite 250 East
Washington, D.C. 20572
telephone number: (202) 692-5040
fax number: (202) 692-5085
- National Science Foundation
Leslie A. Jensen
FOIA Officer, Room 1265
Office of the General Counsel
4201 Wilson Boulevard
Arlington, VA 22230
telephone number: (703) 292-8060
fax number: (703) 292-9041
e-mail address: foia@nsf.gov
- National Transportation Safety Board
Melba D. Moye
FOIA Officer
490 L'Enfant Plaza East, S.W.
Washington, D.C. 20594
telephone number: (202) 314-6551
fax number: (202) 314-6132
- Nuclear Regulatory Commission
Russell A. Nichols
FOIA/PA Officer
Washington, D.C. 20555
telephone number: (301) 415-7169
fax number: (301) 415-5130
e-mail address: foia@nrc.gov
- Occupational Safety and Health Review Commission
Robert Kahn
Attorney-Advisor
1120 20th Street, N.W., 9th Floor
Washington, D.C. 20036-3419
telephone number: (202) 606-5410
- Office of the Director of National Intelligence
John F. Hackett
Director, Information Management Office
Washington, D.C. 20511
telephone number: (703) 482-1707
- Office of Federal Housing Enterprise Oversight
Jeanne Ratchford
FOIA Officer
1700 G Street, N.W., 4th Floor
Washington, D.C. 20552
telephone number: (202) 414-6425
fax number: (202) 414-8917
e-mail address: FOIAOffice@ofheo.gov
- Office of Government Ethics
William E. Gressman
Senior Associate General Counsel
1201 New York Avenue, N.W., Suite 500
Washington, D.C. 20005-3917
telephone number: (202) 482-9245
fax number: (202) 482-9237
- Office of Personnel Management
Donna G. Lease
FOIA/PA Co-ordinator
Room 5415
1900 E Street, N.W.
Washington, D.C. 20415
telephone number: (202) 606-2150
fax number: (202) 418-3251
e-mail address: foia@opm.gov
- Office of Special Counsel
Christopher M. Kurt
FOIA/PA Specialist
1730 M Street, N.W., Suite 201
Washington, D.C. 20036-4505
telephone number: (202) 254-3600
- Overseas Private Investment Corporation
Eli H. Landy
FOIA Director
1100 New York Avenue, N.W.
Washington, D.C. 20527
telephone number: (202) 336-8418
fax number: (202) 408-0297
e-mail address: info@opic.gov
- Peace Corps
Marianne Manheim
FOIA Officer
1111 20th Street, N.W.
Washington, D.C. 20526-0001
telephone number: (202) 692-1186
fax number: (202) 692-1121
- Pension Benefit Guaranty Corporation
E. William FitzGerald
Disclosure Officer, Room 240
1200 K Street, N.W.
Washington, D.C. 20005
telephone number: (202) 326-4040
- Postal Regulatory Commission
Steven W. Williams
Secretary
Suite 200
901 New York Avenue, N.W.
Washington, D.C. 20268
telephone number: (202) 789-6840
fax number: (202) 789-6886
- Railroad Retirement Board
Steven Bartholow
General Counsel
844 Rush Street
Chicago, IL 60611
telephone number: (312) 751-4935
fax number: (312) 751-7102
- Securities and Exchange Commission
Celia Winter
FOIA/Privacy Act Branch Chief
Mail Stop 5100
100 F Street, N.E.
Washington, D.C. 20549
telephone number: (202) 551-7900
fax number: (202) 772-9337
e-mail address: foia/pa@sec.gov
- Selective Service System
Paula A. Sweeney
FOIA Officer
1515 Wilson Boulevard
Arlington, VA 22209-2425
telephone number: (703) 605-4100
fax number: (703) 605-4106
- Small Business Administration
Lisa Babcock
Chief, Office of FOI/PA
409 3rd Street, S.W.
Washington, D.C. 20416
telephone number: (202) 401-8203
fax number: (202) 205-7059
e-mail address: foia@sba.gov
- Social Security Administration
Jonathan Cantor
FOIA Office, Room 3-A-6 Operations
6401 Security Boulevard
Baltimore, MD 21235
telephone number: (410) 966-6645
fax number: (410) 966-4304
- Surface Transportation Board
Marilyn L. Levitt
FOIA/PA Officer, Room 1263
395 E Street, S.W.
Washington, D.C. 20423-0001
telephone number: (202) 245-0269
fax number: (202) 245-0460
e-mail address: FOIA.Privacy@stb.dot.gov
- Tennessee Valley Authority
Denise Smith
FOIA Officer
400 West Summit Hill Drive
Knoxville, TN 37902
telephone number: (865) 632-6945
fax number: (865) 632-6901
e-mail address: foia@tva.gov
- United States Copyright Office
Peter Vankevich
Supervisory Copyright Information Specialist
P.O. Box 70400
Southwest Station
Washington, D.C. 20024
telephone number: (202) 707-6800
fax number: (202) 707-6859
- United States International Trade Commission
Marilyn R. Abbott
Secretary to the Commission
500 E Street, S.W., Room 112A
Washington, D.C. 20436
telephone: (202) 205-2000
fax number: (202) 205-2104
- United States Postal Service
Jane Eyre
Manager, Records Office
475 L'Enfant Plaza West, S.W.
Washington, D.C. 20260-5202
telephone number: (202) 268-2608
fax number: (202) 268-5353
- United States Trade and Development Agency
Kendra Link
Attorney-Advisor
Suite 1600
1000 Wilson Blvd.
Arlington, VA 22209-3901
telephone number: (703) 875-4357
fax number: (703) 875-4009
-
DEPARTMENT OF JUSTICE
FREEDOM OF INFORMATION ACT
REFERENCE GUIDE
I. Introduction
- The Freedom of Information Act (FOIA), which can be found in Title 5 of the United States Code, section 552(1), was enacted in 1966 and generally provides that any person has the right to request access to federal agency records or information. All agencies of the Executive Branch of the United States Government are required to disclose records upon receiving a written request for them, except for those records (or portions of them) that are protected from disclosure by the nine exemptions and three exclusions of the FOIA. This right of access is enforceable in court, and it is supported at the administrative agency level by the "citizen-centered and results-oriented approach" of a presidential executive order (see below).
- The FOIA does not, however, provide access to records held by Congress or the federal courts, by state or local government agencies, or by private businesses or individuals. All states have their own statutes governing public access to state and local government records; state agencies should be consulted for further information about them.
- This Reference Guide is designed to familiarize you with the specific procedures for making a FOIA request to the United States Department of Justice. The process is neither complicated nor time consuming. Following the guidance below will make it more likely that you will receive the information that you are seeking in the shortest amount of time possible. This Reference Guide also includes descriptions of the types of records maintained by different parts of the Department, some of which are readily available through means other than the FOIA, including through the World Wide Web. The Justice Department's home page on the World Wide Web is at www.usdoj.gov; in particular, its FOIA home page is at www.usdoj.gov/foia.
- Initially, it is important to understand that there is no central office in the government that processes FOIA requests for all federal agencies. Each agency responds to requests for its own records. Therefore, before sending a request to the Justice Department you should determine whether this agency is likely to have the records you are seeking. Each agency should have its own FOIA reference guide, so if the records you are interested in are kept by another agency you may wish to request a copy of that agency's guide from its FOIA office or view it on that agency's FOIA site on the World Wide Web. A list of the principal FOIA contacts at other federal agencies is attached as Attachment A.
- Other general sources of information about how to make a FOIA request include:
- • "Your Right to ederal Records." This pamphlet is a joint publication of the General Services Administration and the Department of Justice. It is available for sale for one dollar per copy from the Federal Citizen Information Center, Department 320N, Pueblo, CO 81009 or (888) 878-3256. It also can be accessed on the Justice Department's FOIA site on the World Wide Web under "Reference Materials."
- • "A Citizen's Guide on Usig the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records." This report is published by the Committee on Government Reform of the House of Representatives. It also can be accessed on the Justice Department's FOIA site on the World Wide Web under "Reference Materials" and is available for sale at the U.S. Government Printing Office by calling (202) 512-1808.
- • Also, a more general publication, the "Consumer Action Handbook," describes which federal agencies are responsible for specific consumer problems and where to write for assistance on them. Single copies of this publication may be obtained for free by calling (888) 878-3256. This booklet also can be accessed on the General Services Administration's site on the World Wide Web at www.consumeraction.gov.
- In December 2005, an executive order on the FOIA was issued by President Bush. Entitled "Improving Agency Disclosure of Information," this order establishes the position of Chief FOIA Officer -- a high-level official who monitors FOIA implementation throughout the agency, recommends to the head of the agency such adjustments to practices and policies as may be necessary, and prepares reports on the agency's performance in implementing the FOIA. It also requires all federal agencies to establish one or more FOIA Requester Service Centers and FOIA Public Liaisons to assist FOIA requesters with inquiries about the FOIA process in general and their FOIA requests in particular. (A copy of this recent executive order is attached as Attchment B.) Accordingly, Attachment C of this Reference Guide contains a listing of the FOIA Requester Service Center/FOIA Public Liaison information for each Justice Department component.
- The formal rules for the making of FOIA requests to the Justice Department are set forth in Chapter 16 of Volume 28 of the Code of Federal Regulations. This multiple-volume set is available in all law libraries and federal depository libraries. A copy of the portions of Chapter 16 pertaining to making FOIA requests may be obtained from the Justice Management Division, U.S. Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530-0001. These regulations also can be accessed on the Department of Justice's FOIA site on the World Wide Web under "Making a FOIA Request." However, in most cases this Reference Guide should provide you with all the basic information that you will need.
II. Access to Certain Records Without a FOIA Request
- All agencies are required by statute to make certain types of records, created by the agency on or after November 1, 1996, available electronically. If you have access to the World Wide Web, you will not need to make a FOIA request to obtain access to these records. These records include: (1) final opinions and orders made in the adjudication of cases; (2) final statements of policy and interpretations which have not been published in the Federal Register; (3) administrative staff manuals and instructions to staff that affect members of the public; (4) copies of records that have been the subject of a FOIA request and that also are the subject of sufficient public interest or curiosity that the agency believes that other persons are likely to request (or already have requested) them; and (5) the agency's annual FOIA report -- which includes such information as the number of FOIA requests received by the agency, the amount of time taken to process requests, the total amount of fees collected by the agency, information regarding the backlog of pending requests, and other information about the agency's handling of FOIA requests.
- The Department of Justice has a site on the World Wide Web, accessed at www.usdoj.gov, that contains a wealth of FOIA-related information. This Web site also includes a link to FirstGov, where you will find links to the World Wide Web sites of all other federal executive branch agencies. Each Justice Department component maintains its own home page, which contains a wide variety of substantive information for which a FOIA request is not required. Another good general source of information is all of the information that can be found under the "Highlights," "Most Requested," and "What We Do" sections of the Justice Department's home page.
- The Department of Justice maintains a FOIAhome page, which can be accessed from the Department's home page. This Web site includes the Justice Department's annual FOIA report, a variety of reference materials, information on how to make a FOIA request, and copies of all relevant statutes. Additionally, this Web site provides links to component electronic reading rooms that contain the records the FOIA requires to be made available automatically in electronic form.
- The Department of Justice also makes certain records -- such as general reports, certain litigation-related documents, and publications, available in paper form without requiring a formal FOIA request. These types of materials are described on a component-by-component basis in Attachment C, in accordance with Executive Order 13,392 (Dec. 14, 2005), and many potential FOIA requesters can save time by carefully reviewing what already is posted on the Justice Department's Web site before making a FOIA request.
- Among these records is the Justice Department's annual rport on the Freedom of Information Act, which includes extensive statistical information about FOIA requests to the Justice Department. Copies of the Justice Department's annual FOIA report may be obtained from the Justice Management Division, U.S. Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530-0001, in addition to being accessible electronically through the Justice Department's Web site. The annual FOIA reports of all other federal agencies are available through the Justice Department's Web site. The Justice Department also submits a separate report to Congress on a calendar-year basis which describes its efforts to "encourage agency compliance" with the FOIA and which also lists all FOIA litigation cases against all federal agencies in which decisions were rendered by the courts in that year.
- Attachment D of this Reference Guide contains descriptions of the Department's major information systems, arranged in two ways -- by component and also alphabetically. These descriptions can be accessed from the Justice Department's FOIA page on the World Wide Web under "Reference Guide."
III. Where to Make a FOIA Request
- The Department of Justice is organized into a number of bureaus, divisions, and offices. These subdivisions of the Department are often referred to as "components." Within the Justice Department, each component processes its own records. Therefore, your request will receive the quickest possible response if it is addressed directly to the component that you believe has the records you are seeking. Attachment C contains a description of Justice Department components and their addresses. It also contains the each Justice Department component's FOIA Requester Service Center/FOIA Public Liaison information, in accordance with Executive Order 13,392 (Dec. 14, 2005).
- The functions of each component are summarized in the Department's regulations (Volume 28 of the Code of Federal Regulations, Part 0). The "United States Government Manual" also describes the activities of the Justice Department's components. The "United States Government Manual" is issued annually by the Government Printing Office and is available in most libraries. It may be purchased by writing to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. To obtain the current price you can call (202) 512-1800; you also may call that telephone number to place an order using one of several major credit cards. In addition, the "United States Government Manual" can be accessed from the Government Printing Office's World Wide Web site, www.gpoaccess.gov, under "Executive Resources."
- In almost all cases, you should send your FOIA request to a component's central FOIA office. For records held by a field office of the Federal Bureau of Investigation (FBI), however, you must write directly to that FBI office. On the other hand, for example, all requests for records held by a United States Attorney's Office should be sent directly to the Executive Office for United States Attorneys in Washington, D.C.
- Because, over time, individual employees of the Justice Department may change job positions, it is not recommended that you address your request to a specific person. Rather, you should include the notation "Freedom of Information Act Request" on the front of your request envelope and also at the beginning of your request letter. In this way you will be sure that the responsible individual receives your request without delay.
- If you believe that the Justice Department does maintain the record(s) you are seeking, but you are uncertain about which component has the record(s), you may send your request to: FOIA/PA Mail Referral Unit, Justice Management Division, U.S. Department of Justice, Room 1070 NPB, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530-0001, Attention: FOIA Request. Personnel in that division will then forward your request to the component(s) of the Justice Department most likely to maintain the record(s) you are seeking. As noted in the Justice Management Division's part of Attachment C, that component has a special FOIA Requester Service Center/FOIA Public Liaison for this request-forwarding function.
IV. How to Make a FOIA Request
- A FOIA request can be made for any agency record. This does not mean, however, that the Department of Justice will disclose all records sought. As noted above, there are statutory exemptions that authorize the withholding of information of a sensitive nature. When the Justice Department does withhold information from you, it ordinarily must specify which exemption of the FOIA permits the withholding. You should be aware that the FOIA does not require agencies to do research for you, to analyze data, to answer written questions, or to create records in order to respond to a request.
- Although, as discussed immediately below, certain information may be required from a FOIA requester, no special form is required by the Justice Department. Requests must be in writing, either handwritten or typed. While requests may be submitted by fax, most components of the Justice Department have not yet developed the capability to accept FOIA requests submitted through the World Wide Web.
- In order to protect your privacy as well as the privacy of others, whenever you request information about yourself you will be asked to provide either a notarized statement or a statement signed under penalty of perjury stating that you are the person that you say you are. You may fulfill this requirement by: (1) completing and signing Form DOJ-361 (see Attachment E), (2) having your signature on your request letter witnessed by a notary, or (3) including the following statement immediately above the signature on your request letter: "I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]." If you request information about yourself and do not follow one of these procedures, your request cannot be processed. This requirement helps to ensure that private information about you will not be disclosed to anyone else.
- Likewise, files relating to another person regarding a matter the disclosure of which would invade that person's privacy ordinarily will not be disclosed. For example, if you seek information that would show that someone else (including even your spouse or another member of your immediate family) has ever been the subject of a criminal investigation -- or even was mentioned in a criminal file -- you will be requested to provide either: (1) a statement by that other person, authorizing the release of the information to you, that has been signed by that person and either was witnessed by a notary or includes a declaration made under penalty of perjury (using the language quoted in the preceding paragraph), or (2) evidence that the subject of your request is deceased -- such as a death certificate, a newspaper obituary, or some comparable proof of death. Without the subject's consent or proof of death, in almost all cases the Justice Department will respond to a request made for information concerning another person's possible involvement in a law enforcement matter by stating that it will "neither confirm nor deny" the existence of responsive records. Such law enforcement information about a living person is released without that person's consent only when no personal privacy interest would be invaded by disclosing the information, such as when the information is already public or required to be made public, or when there is such a strong public interest in the disclosure that it overrides the individual's privacy interest.
- In making your request you should be as specific as possible with regard to names, titles, dates, places, events, subjects, recipients, the component(s) likely to maintain that record, etc. In addition, if you want records about a court case, you should provide the title of the case, the court in which the case was filed, and the nature of the case. If known, you should include any file designations or descriptions for the records that you want. You do not have to give a requested record's name or title, but the more specific you are about the records or types of records that you want, the more likely it will be that the Justice Department will be able to locate those records. For example, if you have been interviewed by a law enforcement component of the Justice Department (such as the FBI) in connection with a law enforcement investigation and you wish to request a copy of the interview report, your listing of the date and location of the interview, and the name of the interviewing agent and subject of the investigation, if known, will be helpful to the component in determining where to search and in determining which records respond to your request. Additionally, you should be aware that Justice Department components ordinarily will use the date upon which they begin a record search as the "cut-off" date for determining the records that are responsive to a FOIA request.
- In addition to the statements or information that already have been discussed, some components of the Justice Department require additional specific information in order to process a request for particular types of records. These special requirements are noted, where applicable, as part of the descriptions of components in Attachment C.
- When a Justice Department component receives your FOIA request, it ordinarily will send you a letter acknowledging the request and assigning it an initial request number for continuity and tracking purposes. If you do not provide the necessary information, the component will advise you of what additional information is required before further processing your request.
- Under certain circumstances you may be entitled to receive more information under the Privacy Act of 1974 (a separate federal statute) than under the FOIA. Under the FOIA, generally anyone can request access to any agency record. Privacy Act requests are more limited and can be made only by (a) U.S. citizens or aliens lawfully admitted for permanent U.S. residence, (b) who are seeking information about themselves, (c) which is in a system of records maintained under their names or other personal identifiers. Even if a request does not mention the Privacy Act, however, the Justice Department automatically treats requests as being made under both the FOIA and the Privacy Act whenever it is appropriate to do so. In this way, requesters receive the maximum amount of information available to them under the law.
V. Response Times
- Under the statute, all federal agencies are required to respond to a FOIA request within twenty business days, excluding Saturdays, Sundays, and legal holidays. This time period does not begin until the request is actually received by the FOIA office of the Department of Justice component that maintains the records sought. An agency is not required to send out the releasable documents by the last business day; it can send you a letter informing you of its decision and then send you the documents within a reasonable time afterward.
- Some components of the Justice Department, such as the FBI and DEA, receive thousands of requests each year. Many of these requests require a line-by-line review of hundreds or even thousands of pages of documents. Although the Justice Department makes every effort to respond to FOIA requests as quickly as possible, in some cases it simply cannot do so within the specified time period. This may be due either to the size of the request or to the fact that the component has a backlog of previously received requests that are awaiting processing. Some components use "multi-track" processing queues to deal with their heavy FOIA workloads; components' descriptions of their multi-track processing systems are contained in Attachment C.
- Under the FOIA, a component may extend the response time for an additional ten business days when: (1) the component needs to collect responsive records from field offices; (2) the request involves a "voluminous" amount of records that must be located, compiled, and reviewed; or (3) the component needs to consult with another agency or other components of the Justice Department that have a substantial interest in the responsive information. When such a time extension is needed, the component may notify you of this in writing and offer you the opportunity to modify or limit your request. Alternatively, you may agree to a different timetable for the processing of your request.
- When a determination on your request is not made within the applicable time period and you have not agreed to a different response timetable, you may file suit in federal court to pursue a response. If, however, the court concludes that you have unreasonably refused to limit your request or to accept an alternate timetable for response, the court may find that the component's failure to comply within the statutory time period is justified. The court may excuse the lack of a timely response if the component demonstrates that it has a backlog of requests that were received before yours, that it processes its requests on a first-come/first-served basis, and that it is making reasonable progress in reducing its backlog of pending FOIA requests. In such cases, the court may postpone its consideration of your lawsuit until the agency reaches your request in its processing backlog.
- Alternatively, under Executive Order 13,392 (Dec. 14, 2005), FOIA requesters also may contact an agency's FOIA Requester Service Center(s) to check on the status of their FOIA requests. As mentioned above, the Department of Justice has established such a center for each of its 40 components, with a FOIA Public Liaison named for each, whom FOIA requesters may contact by telephone if they are dissatisfied with the response of the component's FOIA Requester Service Center. (The individual names and telephone numbers are listed, on a component-by-component basis, in Attachment C.) FOIA requesters are strongly encouraged to make use of these new services that are now available to them.
VI. Expedited Processing
- Under certain conditions you may be entitled to have your request processed on an expedited basis. However, you should realize that whenever a FOIA request is expedited for a particular requester, taking that action results in an additional delay for previous requesters who have been waiting for a response. Therefore, in an effort to treat all requesters equitably, the Department of Justice ordinarily will process an initial FOIA request or an administrative appeal of a request's denial ahead of others only in cases in which there will be a threat to someone's life or physical safety, or where an individual will suffer the loss of substantial due process rights if the records are not processed on an expedited bases. In most cases, a request will not be expedited merely on the basis that the requester is facing a court deadline in a judicial proceeding. In both criminal prosecutions and civil litigation there is a document-disclosure process known as "discovery," which gives the parties certain rights to obtain relevant information apart from the FOIA. These discovery rights usually are sufficient to protect the requester's due process rights.
- The FOIA also requires that requests be processed on an expedited basis if made by a person primarily engaged in disseminating information to the public and the information is urgently needed to inform the public concerning some actual or alleged government activity. Requests are not expedited under this provision merely on the basis that the requester is a representative of the news media. Similarly, the Justice Department also expedites requests when the subject is of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity which affect public confidence. Expedited processing decisions for initial requests on this latter basis are made by the Department's Director of Public Affairs.
- A request for expedited processing must be accompanied by a statement setting forth the reasons why your request should be expedited. You should certify that the reasons you have given are true and correct. The component will be required to notify you of its decision about whether to grant expedited processing within no more than 10 calendar days after receiving your letter. If the component denies your request for expedited processing, you will be advised of your right to submit an administrative appeal of that denial, which will be handled expeditiously. (For information about filing administrative appeals, see Section X of this Reference Guide.)
VII. Fees
- There is no initial fee to file a FOIA request; in fact, in the majority of requests made to the Justice Department, no fees are ever charged. By law, however, an agency is entitled to charge certain fees, which depend on the particular category of FOIA requester that you fall into.
- For the purposes of fees only, the FOIA divides requesters into three categories. In the first category, commercial requesters may be charged fees for searching for records, "processing" the records (i.e., reviewing them to determine the possible applicability of FOIA exemptions), and photocopying them. In the second category, on the other hand, educational or noncommercial scientific institutions and representatives of the news media are charged only for photocopying expenses, after the first one hundred pages of copies. Requesters in the third category, i.e., all other requesters, are charged only for record searches and photocopying -- and there is no charge for the first two hours of search time or for the first one hundred pages of photocopies or their cost equivalent. The Justice Department charges ten cents per page for photocopying. In all cases, if the total fee does not exceed a minimum amount, currently $14, the Justice Department will not charge any fee at all.
- You may always include in your request letter a specific statement limiting the amount that you are willing to pay in fees. If you do not do so, the Justice Department will assume that you are willing to pay fees of up to a certain amount, currently $25. If a component estimates that the total fees for processing your request will exceed $25, it will notify you in writing of the estimate and offer you an opportunity to narrow your request in order to reduce the fees. If you continue to want all of the records involved, you will be asked to express your commitment to pay the estimated fees and the processing of your request will be suspended until you agree to do so. You ordinarily will not be required to actually pay the fees until the records have been processed and are ready to be sent to you. If, however, you have failed to pay fees within thirty days of billing in the past, or if the estimated fees exceed $250, you may be required to pay the estimated fees in advance -- that is, before the records even are processed. If you agree to pay fees and then fail to do so within 30 days of billing, you may be charged interest on your overdue balance and the Justice Department will not proceed with any further requests from you until payment in full has been made. If you agree to pay fees for searching for records, be aware that you may be required to pay such fees even if the search does not locate any responsive records or, if records are located, even if they are withheld as entirely exempt.
VIII. Fee Waivers
- If you expect or are advised that a fee will be charged, you may request a waiver of those fees. However, fee waivers are limited to situations in which a requester can show that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Requests for fee waivers from individuals who are seeking records pertaining to themselves usually do not meet this standard because such disclosures usually will not result in any increase of the public's understanding of government operations and activities. In addition, a requester's inability to pay fees is not a legal basis for granting a fee waiver. (Note that the granting of a fee waiver, which is done on a general public-interest basis under the statute, is entirely separate and distinct from the limitations on fees that are discussed in the previous section.)
IX. Initial Request Determinations
- Once the component has processed your request and any fee issues have been resolved, the component will send you a written initial determination. In the vast majority of cases, Department of Justice components will include any documents that can be disclosed along with the determination letter, though in some cases the documents themselves may be sent within a reasonable time afterward. The FOIA provides access to all federal agency records (or portions of those records), except for those records that are withheld under any of nine exemptions or three exclusions (i.e., the reasons for which an agency may withhold records from a requester). The determination letter will advise you of whether any information is being withheld pursuant to one or more of the exemptions. When a page of a record is being withheld in its entirety, the component ordinarily specifies the number of pages being withheld or makes a reasonable effort to estimate the volume of the withheld information.
- The exemptions authorize federal agencies to withhold information covering: (1) classified national defense and foreign relations information; (2) internal agency rules and practices; (3) information that is prohibited from disclosure by another federal law; (4) trade secrets and other confidential business information; (5) inter-agency or intra-agency communications that are protected by legal privileges; (6) information involving matters of personal privacy; (7) records or information compiled for law enforcement purposes, to the extent that the production of those records (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individual; (8) information relating to the supervision of financial institutions; and (9) geological information on wells. The three exclusions, which are rarely used, pertain to especially sensitive law enforcement and national security matters.
X. Administrative Appeals
- You may file an administrative appeal if you are not satisfied with a Department of Justice component's initial response. You might disagree with the component's withholding of information or you might believe that there are additional records responsive to your request that the component failed to locate. You also may file an administrative appeal if you have requested expedited processing or a fee waiver and the component has not granted that request. You also may appeal a determination that what has been requested is not reasonably described, that a record does not exist or cannot be located, that a record is not readily reproducible in the form or format requested, that the requested information is not a record subject to the FOIA, or a determination regarding the charging of a fee. You should be advised of your right to file an appeal in the initial determination letter sent by the component or in a letter denying your request for expedited processing or a fee waiver. Ordinarily, your appeal must be received within 60 days of the date of the component's determination letter. All appeals must be made in writing and addressed to:
- Office of Information and Privacy
- U.S. Department of Justice
- Suite 11050
- 1425 New York Avenue, N.W.
- Washington, D.C. 20530-0001
- Both the front of the envelope and the appeal letter should contain the notation "Freedom of Information Act Appeal."
- There is no specific form or particular language needed to file an administrative appeal. You should identify the component that denied your request and include the initial request number that the component assigned to your request and the date of the component's action. If no request number has been assigned, it will help if you enclose a copy of the component's determination letter. Please do not attach copies of released documents unless they pertain to some specific point you are raising in your appeal. You may explain the reason or reasons why you disagree with the component's action, but a simple statement that you are appealing the decision ordinarily is sufficient. If, however, you are appealing because you believe there are additional records that have not been located in response to your request, you should specify why you think such records exist and, if possible, where you believe they might be located.
- Administrative appeals from components of the Justice Department are reviewed by an attorney in the Office of Information and Privacy. The attorney ordinarily will have available all of the documents processed in connection with your request and will make an independent determination as to whether the component has properly processed your request.
- Under the FOIA, the Office of Information and Privacy is ordinarily required to make a determination on your administrative appeal within 20 business days. The Office of Information and Privacy may take one of several actions on your appeal. It may affirm the component's action in full, in which case it will identify which exemptions (if any) have been appropriately claimed. Or it may affirm part of the component's action (identifying the applicable exemptions), but order the release of other information previously withheld. Finally, under some circumstances, it may return or "remand" the request to the component for complete reprocessing. When a case is remanded, you will have an opportunity again to appeal to the Office of Information and Privacy after the component has reprocessed the records if at that time you remain dissatisfied with the component's action in any respect.
XI. Judicial Review
- If you still believe that the Department of Justice has not handled your FOIA request properly under the law after your appeal has been decided, you have the right to challenge the agency's action in a lawsuit filed in federal court. Before doing so, you ordinarily will be required first to have filed an administrative appeal and to have received a response. If the Justice Department fails to respond to either your initial request or your appeal within the time limits discussed above, however, you may file a lawsuit once the time limits have expired.
- If you do bring a court action, you may file your lawsuit in a federal district court in any of the following places: (1) where you reside, (2) where you have your principal place of business (if any), (3) in the District of Columbia, or (4) where the records are located, if they are not located in the District of Columbia. If you have received an administrative appeal determination, that final administrative response letter will advise you of your right to seek judicial review and will specify where you can do so. You have 6 years to file a lawsuit from the time your right to sue begins. Lastly, please understand that attorneys and employees of the Justice Department are prohibited from giving legal advice to members of the public on any matters, including Freedom of Information Act litigation.
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