I. Introduction
The Department of Justice (DOJ) Freedom of Information Act Reference Guide (Reference Guide) serves as your compass to navigate the Freedom of Information Act (FOIA) request process specifically within the Department of Justice. While much of its content mirrors information available across the DOJ website, this guide distinguishes itself by consolidating crucial details into a single, accessible document, designed for ease of use and broad distribution.
This Reference Guide is meticulously crafted to demystify the FOIA process, empowering the public with a clearer understanding of federal government operations and activities. By shedding light on how the FOIA works, it aims to foster informed engagement and transparency.
At its core, FOIA grants every individual the right to access federal agency records. This right, however, is balanced with necessary protections, allowing certain records to be shielded from disclosure under specific FOIA exemptions. Before initiating a request, it’s prudent to explore the wealth of information already available on agency websites. Often, the information you seek might already be publicly accessible online, saving you time and effort.
It’s important to understand the scope of FOIA. It applies exclusively to the Executive Branch of the federal government. This means it does not extend to records held by Congress, the federal courts, advisory bodies to the President, state or local government entities, or private businesses and individuals. For access to state and local government records, each state has its own set of public access statutes, and consulting state agencies directly is recommended.
This Reference Guide is your specialized tool for navigating FOIA requests within the United States Department of Justice (DOJ). The process, often perceived as complex, is designed to be straightforward and efficient. By adhering to the guidelines outlined in this document, you significantly increase your chances of obtaining the information you need promptly. This guide also provides detailed descriptions of the record types maintained by various DOJ components – its bureaus, divisions, offices, and boards – collectively referred to as “DOJ components.” Crucially, it includes contact information for each of these components, enabling you to reach out directly. For a central access point, the DOJ’s FOIA homepage, hosting this Reference Guide, is available at www.justice.gov/oip.
A key initial point to grasp is the decentralized nature of FOIA processing. There isn’t a central government office handling FOIA requests for all federal departments and agencies. Each department and agency is responsible for managing requests for its own records. Therefore, before directing your request to DOJ, ascertain whether DOJ is indeed the most likely custodian of the records you are seeking. Every federal department and agency is mandated to provide resources to assist individuals in making informed requests. Exploring the websites of agencies potentially holding the records is a valuable first step. This exploration will reveal publicly available information and help pinpoint the agency most likely to possess the records you need. Contact details for all federal departments and agencies are conveniently compiled on FOIA.gov at http://www.foia.gov/report-makerequest.html.
For the definitive rules governing FOIA requests to DOJ, refer to the DOJ’s official regulations. These are accessible on the DOJ FOIA website under “FOIA Resources,” specifically by clicking on “DOJ FOIA Regulations”. However, for most requesters, this Reference Guide offers all the essential guidance needed to successfully submit effective requests.
II. Accessing Records Without a Formal FOIA Request
Your initial point of contact for DOJ information should be the DOJ website: www.justice.gov. This comprehensive online resource provides extensive details about all DOJ activities. It features news updates, the Justice Blog, and the DOJ Action Center – a hub for information on reporting crimes, job opportunities, grant applications, and identifying “most wanted” criminals. The website hosts a wealth of resources and information about DOJ’s diverse components, including the FBI, DEA, and the Bureau of Prisons. You can find details on DOJ careers, internships, budget and performance data, and strategic plans. The site also offers forms, publications, and highlights of significant cases. A Briefing Room provides videos and a photo library. Furthermore, each DOJ component maintains its own section on the DOJ website, publishing records of public interest. We highly recommend exploring these component pages and their FOIA Libraries, which may already contain the information you are looking for. A direct link to each component’s FOIA Library is available at: http://www.justice.gov/oip/available-documents-all-doj-components.
For those interested specifically in FOIA-related information, both the DOJ FOIA website and FOIA.gov are invaluable resources. The DOJ FOIA website hosts DOJ’s Annual FOIA Reports and Chief FOIA Officer Reports, alongside links to similar reports from all federal departments and agencies. FOIA Post, DOJ’s blog, provides insights into OIP’s FOIA guidance and initiatives to promote agency FOIA compliance. Summaries of key FOIA court decisions, categorized by topic and searchable by keyword, are available on the Court Decisions page of OIP’s website. For an in-depth understanding of FOIA, The Department of Justice Guide to the Freedom of Information Act, a comprehensive treatise detailing all aspects of the law, is accessible at: http://www.justice.gov/oip/doj-guide-freedom-information-act-0. The DOJ FOIA website also provides links to each component’s FOIA website, consolidated at: http://www.justice.gov/oip/find-foia-contact-doj/list. In essence, a thorough review of the DOJ website can often save potential FOIA requesters considerable time by identifying already published information, negating the need for a formal request.
Attachment C of this Reference Guide provides detailed descriptions of DOJ’s major information systems – the file systems and databases utilized by DOJ components for record keeping. These descriptions outline the types of records maintained within each system and can be accessed from the DOJ FOIA website under “DOJ Reference Guide.”
III. Where to Direct Your DOJ FOIA Request
DOJ’s organizational structure is based on components – bureaus, divisions, offices, and boards. Each component within DOJ is responsible for processing FOIA requests pertaining to its own records. To ensure the quickest possible response, direct your request to the specific component you believe holds the records you are seeking. Attachment B of this guide provides descriptions and addresses of DOJ components, along with contact information for each component’s FOIA Requester Service Center and FOIA Public Liaisons.
The functions of each DOJ component are detailed on the DOJ website and summarized in Part O of DOJ’s regulations.
Generally, FOIA requests should be sent to a component’s central FOIA office. However, even components with centralized FOIA offices may require further details from you to pinpoint the most likely location of the records. For example, if you are seeking records from a specific United States Attorneys Office, your request to the Executive Office for United States Attorneys (EOUSA) should always be submitted to EOUSA’s central FOIA Office, but it should clearly specify the particular U.S. Attorneys Office that would maintain the records. Attachment B lists contact information for the central FOIA offices of each DOJ component.
If you believe DOJ holds the records you need but are unsure which component is the correct one, you can send your request to the FOIA/PA Mail Referral Unit, Justice Management Division, Room 115, LOC Building, Washington, D.C. 20530-0001, Attention: FOIA Request. You can also submit via email ([email protected]) or fax ((202) 616-6695). This unit will then route your request to the DOJ component(s) deemed most likely to possess the records.
IV. Step-by-Step Guide: How to Submit a DOJ FOIA Request
Direct your FOIA request to the DOJ component most likely to hold the records. A FOIA request can pertain to any agency record, and you can specify your preferred format for receiving the records. Before formal submission, consider contacting the component’s FOIA contact or Public Liaison to discuss your request and get assistance in clearly describing the records you seek. It’s important to note that statutory exemptions exist to protect sensitive information. These FOIA exemptions cover areas like national security, personal privacy, privileged information, and law enforcement interests. When DOJ withholds information, it must typically cite the specific FOIA exemption justifying the withholding. Keep in mind that FOIA does not mandate agencies to conduct research, analyze data, answer questions, or create new records to fulfill a request.
DOJ does not require a specific form for FOIA requests. Requests must be in writing. Many DOJ components now accept electronic submissions, including web forms, email, and fax. Include “Freedom of Information Act Request” in your email subject line or on the front of your mailed envelope and at the beginning of your request letter. Attachment B provides details on which components accept electronic requests and how to submit them.
Privacy and Identity Verification
To safeguard your privacy and the privacy of others, requests for personal information require identity verification. You must provide either a notarized statement or a statement signed under penalty of perjury confirming your identity. This can be done by:
- Completing and signing Form DOJ-361 (Attachment D).
- Having your signature on your request letter notarized.
- Including the statement: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].” immediately above your signature.
Failure to follow these procedures for personal information requests will prevent processing. This measure ensures that your private information is not improperly disclosed.
Similarly, requests for records concerning another person that could potentially invade their privacy are generally not disclosed. For example, information revealing whether someone (including family members) has been subject to a criminal investigation or mentioned in a criminal file will usually be met with a “neither confirm nor deny” response unless you provide the subject’s consent or proof of death. Disclosure of such law enforcement information about a living person without consent occurs only when no privacy invasion is likely or when a strong public interest outweighs individual privacy.
To enhance access to third-party records, submit either a notarized authorization from the individual or a declaration compliant with 28 U.S.C. 1746 authorizing disclosure to you, or proof of the individual’s death (e.g., death certificate or obituary).
Clearly Describing the Records You Seek
Specificity is key when describing the records you are requesting. While you don’t need to know exact record names or titles, detailed descriptions significantly improve the DOJ component’s ability to locate responsive records. For instance, if you were interviewed by a DOJ law enforcement component (like the FBI) in an investigation and want the interview report, provide the interview date, location, interviewing agent’s name, and investigation subject, if known. Contacting the component’s FOIA contact or Public Liaison before submitting can be helpful for refining your description.
Beyond general FOIA request requirements, some DOJ components require specific details for certain record types. For example, the Executive Office for Immigration Review (EOIR) requires an alien “A” number for immigration record requests. Attachment B notes such specific requirements within component descriptions.
Request Acknowledgement
Upon receiving your FOIA request, the DOJ component will typically send an acknowledgement letter with a tracking number. If additional information is needed to process your request, the component will contact you. Note that DOJ components usually set the “cut-off” date for record searches as the date they begin the search. You can, however, specify a different date range for the records you seek.
Privacy Act Considerations
Under the Privacy Act of 1974, you might be entitled to more information than under FOIA in certain situations. FOIA generally allows anyone to request any federal agency record. Privacy Act requests are more restricted, applicable only to (a) U.S. citizens or lawful permanent residents, (b) seeking information about themselves, (c) held in a system of records accessible by personal identifiers. DOJ automatically processes applicable requests under both FOIA and the Privacy Act, ensuring requesters receive the maximum legally accessible information, even if the Privacy Act isn’t explicitly mentioned.
V. Understanding DOJ FOIA Response Times
The FOIA mandates a 20-business-day response timeframe for federal agencies, excluding weekends and holidays. This period begins when the request is received by the FOIA office of the DOJ component holding the records. Misdirected requests will be forwarded, and if routing takes over ten days, the 20-day period starts from the routing point, even if the correct component hasn’t yet received it.
Many DOJ components, especially the FBI, DEA, and EOIR, handle a high volume of requests annually, some requiring detailed reviews of extensive documentation. While DOJ aims for prompt responses, delays can occur due to request volume or backlogs. Some components utilize “multi-track” processing systems to manage workloads, detailed in Attachment B.
The FOIA allows for time extensions under “unusual circumstances,” such as:
- Collecting records from dispersed offices.
- Voluminous records requiring extensive search, compilation, and review.
- Consultations with other agencies or DOJ components with substantial interest in the information.
If a time extension is necessary, the component will notify you in writing, offering options to modify your request’s scope or agree to an alternative timeline. The component’s FOIA Public Liaison can assist with these discussions.
DOJ Requester Service Centers and FOIA Public Liaisons
You can contact a component’s FOIA Requester Service Center at any time to check your request status. Each DOJ component has a center and a designated FOIA Public Liaison overseeing it. Contact information for these resources is in Attachment B. Requesters are encouraged to utilize these services for any questions or concerns about their requests.
VI. Expedited Processing for Urgent Requests
Under specific conditions, you can request expedited processing for your FOIA request or appeal. DOJ grants expedited processing based on four criteria:
- Threat to Life or Safety: Lack of expedited processing could reasonably endanger someone’s life or physical safety.
- Loss of Due Process Rights: Expedition is warranted to prevent imminent loss of substantial due process rights. (Note: Court deadlines in legal proceedings generally do not qualify for expedited processing.)
- Media Urgency: The requester is primarily engaged in disseminating information to the public, and the information is urgently needed to inform the public about actual or alleged federal government activity.
- Exceptional Media Interest and Government Integrity: The request subject is of widespread and exceptional media interest, involving potential questions about government integrity affecting public confidence. Decisions under this criterion are made by DOJ’s Director of Public Affairs.
Requests for expedited processing must include a statement detailing the reasons for the urgency, certified as true and correct. The component must decide on expedited processing within ten calendar days of receiving your request. If denied, you have the right to an expedited administrative appeal, as detailed in Section X.
VII. Understanding DOJ FOIA Fees
No initial fee is required to submit a FOIA request, and most DOJ requests incur no fees. However, FOIA does allow for certain fees in some instances.
For fee assessment, FOIA categorizes requesters into three groups:
- Commercial-Use Requesters: Charged for search, processing (reviewing for exemptions), and duplication.
- Educational/Non-commercial Scientific Institutions and News Media: Charged only for duplication, with the first 100 pages free.
- All Other Requesters: Charged for search and duplication, with the first two hours of search time and first 100 pages of duplication (or equivalent cost) free. DOJ currently charges five cents per page for duplication and hourly search fees based on staff salary and experience. No fees are charged if the total is below $25.
You can limit your fee liability by stating a maximum willingness to pay in your request. If estimated fees exceed $25, the component will notify you, offering a chance to narrow your request to reduce costs. If you proceed with the full request, you’ll need to commit to paying the estimated fees before processing continues. Payment is usually required after processing, when records are ready for release. However, past payment failures or estimated fees exceeding $250 may require prepayment. Failure to pay agreed-upon fees within 30 days may result in interest charges and suspension of processing for future requests until full payment. Be aware that search fees may apply even if no responsive records are found or if all located records are exempt. Contact the component’s FOIA Requester Service Center or Public Liaison with any fee questions or to discuss modifying your request for lower costs.
VIII. Requesting a DOJ FOIA Fee Waiver
If fees are anticipated or assessed, you can request a fee waiver. FOIA fee waivers are granted only when disclosure is in the public interest, likely to significantly contribute to public understanding of government operations, and not primarily for the requester’s commercial interest. Requests for personal records rarely meet this standard, as disclosure primarily benefits the requester, not public understanding of government operations. Inability to pay is not a valid basis for a fee waiver.
IX. DOJ Initial Request Determinations
Once your request is processed and fee issues are resolved, the component will issue a written initial determination. Often, disclosable documents are included with the determination letter, or sent shortly after. FOIA grants access to federal agency records unless exemptions or law enforcement exclusions apply. The determination letter will detail any withheld information and the corresponding FOIA exemptions. For fully withheld pages, the number of pages is usually specified or estimated. Partially withheld pages will typically have the withheld sections marked with the relevant exemptions.
FOIA permits withholding information if disclosure is reasonably foreseen to harm interests protected by nine exemptions:
- Classified National Defense and Foreign Relations Information
- Internal Agency Personnel Rules and Practices
- Information Protected by Other Federal Laws
- Trade Secrets and Confidential Commercial/Financial Information
- Inter-agency/Intra-agency Communications (Privileged)
- Personal Privacy Information
- Law Enforcement Records – Production could:
- (A) Interfere with enforcement proceedings
- (B) Deprive fair trial/impartial adjudication
- (C) Unwarranted invasion of personal privacy
- (D) Reveal confidential source identity/information
- (E) Disclose law enforcement techniques/procedures/guidelines
- (F) Endanger life or physical safety
- Financial Institution Supervision Information
- Geological Information on Wells
FOIA also provides “exclusions” for three narrow categories of law enforcement and national security records:
- Ongoing Criminal Investigation: Protects existence if subject unaware and disclosure could interfere.
- Informant Records: Protects existence in criminal law enforcement agencies if informant status unconfirmed.
- Foreign Intelligence/Counterintelligence/International Terrorism Records (FBI): Protects existence if classified.
Records falling under exclusions are not subject to FOIA requirements. Component responses will be limited to FOIA-subject records.
X. Administrative Appeals Process
If dissatisfied with a DOJ component’s initial response, you can file an administrative appeal. This also applies to denials of expedited processing or fee waiver requests, or determinations regarding reasonably described requests, record existence, format reproducibility, record status under FOIA, or fee charges. Essentially, any adverse component determination is appealable.
You will be informed of your appeal rights in the component’s response. You can also contact the component’s FOIA Public Liaison or the Office of Government Information Services (OGIS) for assistance. Appeals must be written and submitted within 90 calendar days of the component’s response date.
Appeals can be submitted via the FOIA STAR web portal: https://doj-foia.entellitrak.com/etk-doj-foia-prod/login.request.do. Instructions are on OIP’s website: http://www.justice.gov/oip/submit-and-track-request-or-appeal. Account registration is required for FOIA STAR.
Appeals can also be mailed to:
Office of Information Policy U.S. Department of Justice 6th Floor 441 G Street N.W. Washington, D.C. 20530-0001
Mark “Freedom of Information Act Appeal” on the envelope and appeal letter. Fax appeals are accepted at (202) 514-1009.
No specific form or language is required for appeals. Include the denying component, initial request number, and date of the component’s action. If no request number exists, attach the determination letter. Copies of released documents are generally unnecessary unless relevant to your appeal points. Explain the specific action you are appealing, but detailed reasoning is not mandatory unless it aids the appeal decision-maker.
OIP attorneys review DOJ component appeals independently, considering all processing files. OIP is generally required to decide appeals within 20 business days. OIP may affirm the component’s action, remand for further action (partially or fully), or affirm in part and remand in part. Remanded cases allow for a subsequent appeal to OIP if you remain dissatisfied after the component’s further action.
XI. Methods for Resolving DOJ FOIA Disputes
Each component’s FOIA Public Liaison serves as a supervisory contact for dissatisfaction with the Requester Service Center. Public Liaisons can assist throughout the request process – negotiating timelines, clarifying status, and resolving disputes. Attachment B lists all DOJ FOIA Public Liaisons and their contact information, also available on component websites.
The Office of Government Information Services (OGIS) offers mediation services for FOIA disputes. Contact OGIS at:
Office of Government Information Services National Archives and Records Administration Room 2510 8601 Adelphi Road College Park, MD 20740-6001
Email: [email protected] Phone: 301-837-1996 Fax: 301-837-0348 Toll-free: 1-877-684-6448
Finally, FOIA grants requesters the right to challenge agency actions in federal court, typically after exhausting administrative appeals.
XII. Additional DOJ FOIA Resources
Further information on using FOIA is available from:
Attachments:
A — Listing of FOIA contacts at all federal agencies
C — Descriptions of major information systems
D — Copy of Form DOJ-361 (Certification of Identity)
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1 5 U.S.C. § 552 (2018)
