ALL FOIA REQUESTS MUST BE
SIGNED AND SUBMITTED IN WRITING TO: |
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). |
PRIVACY
CONSIDERATIONS & IDENTITY VERIFICATION: |
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. |
FEES: |
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: |
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. |
|
|