Under subsection (a)(2) of the FOIA, agencies must make four distinct
categories of records affirmatively available for "public inspection and
copying." These so-called "reading room" records consist of: (1) "final
opinions [and] . . . orders" rendered in the adjudication of administrative
cases; (2) specific agency policy statements; (3) certain administrative
staff manuals; and, (4) as of March 31, 1997, records disclosed in response
to a FOIA request that "the agency determines have become or are likely to
become the subject of subsequent requests for substantially the same
records." For any "reading room" record created by the Department of Justice
(DOJ) on or after November 1, 1996, the FOIA now requires that it be made
available electronically as well as in paper format. DOJ accomplishes this
electronic availability through this FOIA website. DOJ components also
maintain conventional reading rooms, where paper copies of all subsection
(a)(2) documents are available for inspection and copying. The location of
each component’s conventional reading room is indicated on its FOIA page. It
should be noted that not all components will create records in each "reading
room" category. Also, while the FOIA requires that DOJ make only the above
four categories of records available in its reading rooms, each component
may at its discretion include other types of records.
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