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FOIAXpress Legal Authoirty 16.3

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28 CFR 16.3
This document is current through January 28, 2021 issue of the Federal Register.

Code of Federal Regulations > Title 28 Judicial Administration > Chapter I — Department of
Justice > Part 16 — Production or Disclosure of Material or Information > Subpart A —
Procedures for Disclosure of Records Under the Freedom of Information Act

§ 16.3 Requirements for making requests.
(a) General information.
(1)The Department has a decentralized system for responding to FOIA requests, with each component
designating a FOIA office to process records from that component. All components have the capability
to receive requests electronically either through email or a web portal. To make a request for records of
the Department, a requester should write directly to the FOIA office of the component that maintains
the records being sought. A request will receive the quickest possible response if it is addressed to the
FOIA office of the component that maintains the records sought. The Department’s FOIA Reference
Guide, which may be accessed as described in § 16.1(a), contains descriptions of the functions of each
component and provides other information that is helpful in determining where to make a request. Each
component’s FOIA office and any additional requirements for submitting a request to a given
component are listed in Appendix I to this part. Part 0 of this chapter also summarizes the functions of
each component. These references can all be used by requesters to determine where to send their
requests within the Department.
(2)A requester may also send requests to the FOIA/PA Mail Referral Unit, Justice Management
Division, Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC 20530-0001, or via
email to
[email protected]
, or via fax to (202) 616-6695. The Mail Referral Unit will forward the request to the component(s) that it
determines to be most likely to maintain the records that are sought.
(3)A requester who is making a request for records about himself or herself must comply with the
verification of identity provision set forth in subpart D of this part.
(4)Where a request for records pertains to a third party, a requester may receive greater access by
submitting either a notarized authorization signed by that individual or a declaration made in
compliance with the requirements set forth in 28 U.S.C. 1746 by that individual authorizing disclosure of
the records to the requester, or by submitting proof that the individual is deceased (e.g., a copy of a
death certificate or an obituary). As an exercise of administrative discretion, each component can
require a requester to supply additional information if necessary in order to verify that a particular
individual has consented to disclosure.
(b)Description of records sought. Requesters must describe the records sought in sufficient detail to enable
Department personnel to locate them with a reasonable amount of effort. To the extent possible, requesters
should include specific information that may assist a component in identifying the requested records, such as
the date, title or name, author, recipient, subject matter of the record, case number, file designation, or
reference number. Requesters should refer to Appendix I to this part for additional, component-specific
requirements. In general, requesters should include as much detail as possible about the specific records or the
types of records that they are seeking. Before submitting their requests, requesters may contact the
component’s FOIA contact or FOIA Public Liaison to discuss the records they are seeking and to receive

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28 CFR 16.3
assistance in describing the records. If after receiving a request a component determines that it does not
reasonably describe the records sought, the component shall inform the requester what additional information
is needed or why the request is otherwise insufficient. Requesters who are attempting to reformulate or modify
such a request may discuss their request with the component’s designated FOIA contact, its FOIA Public
Liaison, or a representative of the Office of Information Policy (“OIP”), each of whom is available to assist the
requester in reasonably describing the records sought. If a request does not reasonably describe the records
sought, the agency’s response to the request may be delayed.

Statutory Authority
Authority Note Applicable to Title 28, Ch. I, Pt. 16

History

[Order No. 1055-84, 49 FR 12254, Mar. 29, 1984; Order No. 2156-98, 63 FR 29591, 29594, June 1, 1998, as
corrected at 63 FR 51401, Sept. 25, 1998; 63 FR 51300, Sept. 25, 1998; 80 FR 18099, 18106, Apr. 3, 2015]

LEXISNEXIS’ CODE OF FEDERAL REGULATIONS
Copyright © 2021 All rights reserved.

End of Document


File Typeapplication/pdf
File Title28 CFR 16.3
File Modified2021-01-29
File Created2021-01-29

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