[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.4]



[Page 269-270]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

  Subpart A_Procedures for Disclosure of Records Under the Freedom of 

                             Information Act

 

Sec. 16.4  Responsibility for responding to requests.



    (a) In general. Except as stated in paragraphs (c), (d), and (e) of 

this section, the component that first receives a request for a record 

and has possession of that record is the component responsible for 

responding to the request. In determining which records are responsive 

to a request, a component ordinarily will include only records in its 

possession as of the date the component begins its search for them. If 

any other date is used, the component shall inform the requester of that 

date.

    (b) Authority to grant or deny requests. The head of a component, or 

the component head's designee, is authorized to grant or deny any 

request for a record of that component.

    (c) Consultations and referrals. When a component receives a request 

for a record in its possession, it shall determine whether another 

component, or another agency of the Federal Government, is better able 

to determine whether the record is exempt from disclosure under the FOIA 

and, if so, whether it should be disclosed as a matter of administrative 

discretion. If the receiving component determines that it is best able 

to process the record in response to the request, then it shall do so. 

If the receiving component determines that it is not best able to 

process the record, then it shall either:

    (1) Respond to the request regarding that record, after consulting 

with the component or agency best able to determine whether to disclose 

it and with any other component or agency that has a substantial 

interest in it; or

    (2) Refer the responsibility for responding to the request regarding 

that record to the component best able to determine whether to disclose 

it, or to another agency that originated the record (but only if that 

agency is subject to the FOIA). Ordinarily, the component or agency that 

originated a



[[Page 270]]



record will be presumed to be best able to determine whether to disclose 

it.

    (d) Law enforcement information. Whenever a request is made for a 

record containing information that relates to an investigation of a 

possible violation of law and was originated by another component or 

agency, the receiving component shall either refer the responsibility 

for responding to the request regarding that information to that other 

component or agency or consult with that other component or agency.

    (e) Classified information. Whenever a request is made for a record 

containing information that has been classified, or may be appropriate 

for classification, by another component or agency under Executive Order 

12958 or any other executive order concerning the classification of 

records, the receiving component shall refer the responsibility for 

responding to the request regarding that information to the component or 

agency that classified the information, should consider the information 

for classification, or has the primary interest in it, as appropriate. 

Whenever a record contains information that has been derivatively 

classified by a component because it contains information classified by 

another component or agency, the component shall refer the 

responsibility for responding to the request regarding that information 

to the component or agency that classified the underlying information.

    (f) Notice of referral. Whenever a component refers all or any part 

of the responsibility for responding to a request to another component 

or agency, it ordinarily shall notify the requester of the referral and 

inform the requester of the name of each component or agency to which 

the request has been referred and of the part of the request that has 

been referred.

    (g) Timing of responses to consultations and referrals. All 

consultations and referrals will be handled according to the date the 

FOIA request initially was received by the first component or agency, 

not any later date.

    (h) Agreements regarding consultations and referrals. Components may 

make agreements with other components or agencies to eliminate the need 

for consultations or referrals for particular types of records.