FOIA/Privacy Counsel
Office of General Counsel
Executive Office for U.S. Trustees
United States Department of Justice
20 Massachusetts Ave., N.W. (Suite 8100)
Washington, DC 20530

Under the Freedom of Information Act (FOIA), 5 U.S.C. 552, and the Department's FOIA Guide, any person may request access to U.S. Trustee Program (USTP) records.

Although FOIA requests may be made in any written form that bears the requester's signature, they must be sent to the above address, and they should include a return address that identifies your street name/number, so we may respond via certified mail.  For further guidance, see 28 CFR 16.3 ("Requirements for Making Requests").

A FOIA request must sufficiently describe the specific records sought, so as to enable USTP staff to conduct a search for the requested records with a reasonable amount of effort. Likewise — to minimize search and related fees— please specify which USTP region or office you are inquiring about. While the Executive Office maintains certain administrative records, case files are not centralized in Washington, and USTP regional and field offices maintain duplicate copies of certain court pleadings and material concerning specific cases. Accordingly, all FOIA requests for USTP records should identify a case name, particular judicial district, filing date/location, and/or specific USTP office(s) where responsive records may exist.

Please note that the Act does not require agencies to "create" or explain records. Requests should thus be formulated so as to seek existing records that can be furnished unless they fall within a specific exemption (e.g., classified national security matters; personal privacy material; investigative files; trade secrets and privileged information; etc.). 5 U.S.C. 552(b).

If you seek records pertaining to another person, that information is usually not disclosed unless you have obtained the other person's written consent, the other person is deceased, or release is required by law.

A FOIA request generally need not contain a verification of identity for access to publicly available records. However, individuals seeking records protected by the Privacy Act may be required to provide a privacy waiver from the record subject or the like.

For further guidance in this regard, please see our Privacy Act page, the DOJ Office of Information & Privacy home page, or the Department's Procedures for Disclosure.

A requester may be required to pay all applicable fees for search, review, and/or duplication of requested records, in accordance with Department of Justice FOIA regulations (28 CFR 16.11).

Absent an express agreement to pay all applicable fees, the submission of a FOIA request is deemed an agreement to pay fees up to $25. (28 CFR 16.3(c).) If, in such circumstances, we estimate that fees may exceed $25 after reviewing your request, you will be so notified in accordance with 28 CFR 16.11(e)-(i).

Review of initial adverse determinations is available by writing to the Office of Information & Privacy, U.S. Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, DC 20530-0001, within 60 days of the letter denying your request, as more fully set forth in 28 CFR 16.9.