Collapse to view only § 16.300 - Access to documents for the purpose of responding to an official inquiry.

§ 16.300 - Access to documents for the purpose of responding to an official inquiry.

(a) To the extent permitted by law, former employees of the Department shall be given access to documents that they originated, reviewed, or signed while employees of the Department, for the purpose of responding to an official inquiry by a federal, state, or local government entity or professional licensing authority. Documents include memoranda, drafts, reports, notes, written communications, and documents stored electronically that are in the possession of the Department. Access ordinarily will be provided on government premises.

(b) Requests for access to documents under this section must be submitted in writing to the head of the component where the employee worked when originating, reviewing, or signing the documents. If the employee requesting access was the Attorney General, Deputy Attorney General, or Associate Attorney General, the request may be granted by the Assistant Attorney General for Administration. This authority may not be delegated below the level of principal deputy component head.

(c) The written request should describe with specificity the documents to which access is sought (including time periods wherever possible), the reason for which access is sought (including the timing of the official inquiry involved), and any intended disclosure of any of the information contained in the documents.

(d) The requester must agree in writing to safeguard the information from unauthorized disclosure and not to further disclose the information, by any means of communication, or to make copies, without the permission of the Department. Determinations regarding any further disclosure of information or removal of copies shall be made in accordance with applicable standards and procedures.

§ 16.301 - Limitations.

(a) The Department may deny or limit access under this subpart where providing the requested access would be unduly burdensome.

(b) Access under this subpart to classified information is governed by Executive Order 12958 and 28 CFR 17.46. Requests for access to classified information must be submitted to (or will be referred to) the Department Security Officer and may be granted by the Department Security Officer in consultation with the appropriate component head.

(c) Nothing in this subpart shall be construed to supplant the operation of other applicable prohibitions against disclosure.

(d) This subpart is not intended to, does not, and may not be relied upon to, create any right or benefit, substantive or procedural, enforcecable at law by a party against the United States.

Appendix I - Appendix I to Part 16—Components of the Department of Justice

Please consult Attachment B of the Department of Justice FOIA Reference Guide for the contact information and a detailed description of the types of records maintained by each Department component. The FOIA Reference Guide is available at https://www.justice.gov/oip/department-justice-freedom-information-act-reference-guide or upon request to the Office of Information Policy (OIP).

The Department component offices, and any component-specific requirements, for making a FOIA or Privacy Act request are listed in this appendix. The Certification

of Identity form, available at https://www.justice.gov/oip/doj-reference-guide-attachment-d-copies-forms, may be used by individuals who are making requests for records pertaining to themselves. For each of the six components marked with an asterisk, FOIA and Privacy Act requests for access must be sent to OIP, which handles initial requests for those six components.

Antitrust Division, FOIA/PA Unit Bureau of Alcohol, Tobacco, Firearms, and Explosives, Disclosure Division Civil Division, FOIA/PA Officer Requests for records from case files must include a case caption or name, civil court case number, and judicial district. Civil Rights Division, FOIA/PA Branch Community Relations Service, FOIA/PA Coordinator Criminal Division, FOIA/PA Unit Drug Enforcement Administration, Freedom of Information Operations Unit, FOI/Records Management Section Environment and Natural Resources Division, FOIA Coordinator, Law and Policy Section Requests for records from case files must include a case caption or name, civil or criminal court case number, and judicial district. Executive Office for Immigration Review, Office of the General Counsel When seeking access to records concerning a named alien individual, requesters must include an alien registration number (“A” number). If the “A” number is not known or the case occurred before 1988, the date of an Order to Show Cause, country of origin, and location of the immigration hearing must be provided. Executive Office for United States Attorneys, FOIA/Privacy Unit Executive Office for Organized Crime Drug Enforcement Task Forces Requests for records from case files must include the judicial district in which the investigation/prosecution or other litigation occurred. Executive Office for United States Trustees, FOIA/PA Counsel, Office of the General Counsel Requests for records from bankruptcy case files must include a case caption or name, case number, and judicial district. Federal Bureau of Investigation, Record/Information Dissemination Section, Records Management Division Federal Bureau of Prisons, FOIA/PA Section Foreign Claims Settlement Commission INTERPOL-U.S. National Central Bureau, FOIA/PA Specialist, Office of General Counsel Justice Management Division, FOIA Contact National Security Division, FOIA Initiatives Coordinator Office of the Associate Attorney General* Office of the Attorney General* Office of Community Oriented Policing Services, FOIA Officer, Legal Division Office of the Deputy Attorney General* Office of Information Policy Office of the Inspector General, Office of the General Counsel Office of Justice Programs, Office of the General Counsel Office of Legal Counsel Office of Legal Policy* Office of Legislative Affairs* Office of the Pardon Attorney, FOIA Officer Office of Professional Responsibility, Special Counsel for Freedom of Information and Privacy Acts Office of Public Affairs* Office of the Solicitor General Requests for records from case files must include a case name, docket number, or citation to case. Office on Violence Against Women Professional Responsibility Advisory Office, Information Management Specialist Tax Division, Division Counsel for FOIA and PA Matters Requests for records from case files must include a case caption or name, civil or criminal court case number, and judicial district. United States Marshals Service, Office of the General Counsel Requests for records concerning seized property must specify the judicial district of the seizure, civil court case number, asset identification number, and an accurate description of the property. United States Parole Commission, FOIA/PA Specialist [AG Order No. 3517-2015, 80 FR 18113, Apr. 3, 2015, as amended by AG Order No. 5851-2024, 89 FR 1450, Jan. 10, 2024]