Prior to Submitting an Online Request Review the Following Information 

Submitting a FOIA Request to DEA

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, allows any person to seek access to agency records by submitting a written request.  DEA processes thousands of FOIA requests annually on a wide variety of topics.  Upon the completion of the processing of your request, you will receive a written response.  Please be advised that the 20 business day time limit begins when DEA’s Freedom of Information and Privacy Act Section (FSR) receives your request, and it does not include Saturday, Sunday, or federal holidays.  Due to resource constraints, complexity of certain requests, the need for clarification or legal review, coupled with the number of requests DEA receives annually for processing, FSR may not be able to provide non-exempt records to you within 20 business days.  To ensure equitable treatment, requests will be placed in one of three multi-track “first-in, first out” queues – one track for simple requests; one track for complex requests; and one track for expedited processing requests.  Requesters will be kept informed of the status of their pending request during the entire time the request remains open until final determination. 

Requesters also have the right to seek assistance and/or dispute resolution services from the DEA FOIA Public Liaison, Ms. Deshelia Wallace at (571) 776-2300 or via e-mail at Deshelia.S.Wallace@dea.gov.  Requesters may also contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration for assistance and/or dispute resolution at 1-877-684-6448 or via e-mail at ogis@nara.gov.

Description of Records

Although you do not have to give the document’s title, you must identify the documents you seek as specifically as possible to increase the likelihood that DEA personnel will be able to locate them.  Any facts you can furnish about the title, author, event, subject, and other details about the documents will be helpful to DEA in determining where to search for records responsive to your request.  Please list as specifically as possible the document(s) and type of information you seek. 

FOIA Library

The records you seek may already be publicly available within DEA’s FOIA Library at https://www.dea.gov/divisions/dea-foia-library and Additional Resources webpage.  DEA’s website contains a wealth of information regarding DEA’s mission and functions, policies, drug statistics, annual reports, demand reduction initiatives, and more.  We encourage you to review the information contained in the FOIA Library and Additional Resources webpages prior to submitting a FOIA request.  If you do not find the information you seek online and choose to submit a FOIA request to DEA, we encourage you to do so through the Public Access link (PAL).  If you are unable to access the PAL, you may submit your FOIA request to DEA via e-mail or mail.  Further instructions on submitting FOIA requests to DEA via email or mail can be found here https://www.dea.gov/requesting-dea-foia-records.

Submitting a Privacy Act Request to DEA

The Privacy Act allows U.S. citizens and lawfully admitted aliens to request information on themselves or another living person.  If you are requesting information about yourself, you will be required to verify your identity.  You may fulfill this requirement by completing and signing a Certification of Identity Form DOJ-361. 

If you seek information about another living person, that information is usually not disclosed unless you have obtained the person’s written consent or unless public disclosure is authorized by law.  Requests for information about another living person generally must be accompanied by evidence of the subject’s consent to release records about themselves to the requester.  As such, should you seek records on a living third-party, please submit a Certification of Identity Form DOJ-361 Form signed by the third-party to DEA along with your FOIA/PA request.

How long will it take to receive my request?

DEA will do its best to process every request quickly and efficiently, but please be advised that DEA works on a first in first out policy.  DEA’s average processing times can be found at FOIA.gov - Freedom of Information Act.

What to do if I am not satisfied with the response to my request?

If you are not satisfied with the response to your request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), at the United States Department of Justice.  You may submit an appeal through OIP's FOIA STAR portal by creating an account on the following website: https://www.justice.gov/oip/submit-and-track-request-or-appeal, or by sending your appeal in writing to the following address:

Freedom of Information Appeal
Office of Information Policy
U.S. Department of Justice
441 G Street, NW, 6th floor
Washington, D.C.  20530

Your appeal must be postmarked or electronically transmitted within 90 days of the date of the response to your request.  If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”

Request Categories for Fees

Commercial-Use Requesters

• Request from or on behalf of someone who requests information for a use or purpose that furthers the commercial, trade, or profit interest of the requester or the person on whose behalf the request is made.
  
  
• May be charged fees for searching for records, "processing" the records (i.e., reviewing them to determine the application of FOIA exemptions), and duplicating them to respond to a request.

Educational

• A public or private school, an institution of undergraduate or graduate higher education, an institution of professional education, or an institution of vocational education, that operates a program or programs of scholarly research.
  
  
• Charged only for duplication fees, and are provided the first one hundred requested pages free of charge.

Noncommercial Scientific Institutions

• .Institution not operated on a "commercial" basis and operates solely for the purpose of conducting scientific research
  
  
• Charged only for duplication fees, and are provided the first one hundred requested pages free of charge.

Representatives of the News Media

• Individual gathering news for an entity that operates to publish or broadcast news to the public. The term news means information that is about current events or that would be of current interest to the public.
  
  
• Charged only for duplication fees, and are provided the first one hundred requested pages free of charge.

All Other Requesters

• Requesters that do not fall into the other categories.
  
  
• Charged only for record searches and duplication.

Non-Commercial-Use Requesters

• Institution not operated on a "commercial" basis.
  
  
• No charge for the first two hours of search time or for the first 100 pages of duplication or their cost equivalent.

DOJ currently charges five cents per page for duplication.  It charges an hourly search fee that roughly approximates the salary and experience level of the personnel conducting the search. If the total fee does not exceed a minimum amount, currently $25, DEA will not charge any fee.