March 27, 2006

The Honorable Richard B. Cheney
President of the Senate
Washington, D.C. 20510

Dear Mr. President:

Enclosed is a copy of the Department of Justice's 2005 annual report on certain activities pertaining to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (2000 & Supp. III 2005).

In accordance with subsection (e)(5) of the Freedom of Information Act, 5 U.S.C. § 552(e)(5), this report contains information regarding Freedom of Information Act litigation cases and also includes a description of Department of Justice efforts to encourage agency compliance with the Act during calendar year 2005.

Additionally, in accordance with subsection (e)(3) of the Freedom of Information Act, as amended, the Department of Justice has established "a single electronic access point" for the consolidated electronic availability of the annual FOIA reports of all federal agencies. These reports can be accessed through www.usdoj.gov/oip/04_6.html, on the Department's FOIA Web site.

I can assure you of the Department of Justice's firm commitment to the Freedom of Information Act, in accordance with Executive Order 13,392, entitled "Improving Agency Disclosure of Information" (Dec. 14, 2005), and to its faithful implementation. We look forward to continuing to work together with Congress, in a constructive partnership based upon our mutual interests in sound FOIA administration, on all matters pertaining to the Act.

Sincerely,


                    Robert D. McCallum, Jr.
                        Associate Attorney General

Enclosure

cc:   Chairman, Committee on Governmental Affairs
       Chairman, Committee on the Judiciary
       Ranking Minority Member, Committee on Governmental Affairs
       Ranking Minority Member, Committee on the Judiciary


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