Legal Authority 28 CFR 16.3

28 CFR 16.3 (up to date as of 1/25/2024)
Requirements for making requests.

28 CFR 16.3 (Jan. 25, 2024)

This content is from the eCFR and is authoritative but unofficial.

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
Source: AG Order No. 3517–2015, 80 FR 18106, Apr. 3, 2015, unless otherwise noted.
Authority: 5 U.S.C. 301, 552, 552a, 553; 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717.

§ 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
MRUFOIA.Requests@usdoj.gov, 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
28 CFR 16.3(b) (enhanced display)

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28 CFR 16.3 (up to date as of 1/25/2024)
Requirements for making requests.

28 CFR 16.3(b)

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 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.

28 CFR 16.3(b) (enhanced display)

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