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About FOIA
Definition of the Freedom of Information Act (FOIA)
The FOIA generally provides that any person has a right, enforceable in court, of access to federal agency records, except to the extent that such records (or portions thereof) are protected from disclosure by one of the nine exemptions. For further information, see the FOIA Handbook.
Definition of the Privacy Act (PA)
The Privacy Act (PA) protects an individual's privacy by putting controls on federal agencies in the collection, use, maintenance, and dissemination of personal information. In addition, it entitles individuals to access federal agency records or to request an amendment to records that are maintained in a file retrievable by an individual's name or personal identifier, except to the extent that the information is exempt from release. Individual, in the context of the Privacy Act, is defined as a U.S. citizen or an alien lawfully admitted for permanent residence.
The Privacy Act also requires that agency records be accurate, relevant, timely, and complete, and amendments are limited to these criteria. However, amendments are normally restricted to correcting factual errors and not matters of official judgments, such as performance ratings, or subjective judgments that reflect an individual's observation, evaluation, or opinion.
NRO and the FOIA
NRO Mission
The goal of the FOIA office (IART) at the NRO is to release as much information as possible, consistent with the need to protect classified and sensitive information under the exemption provisions of the law. Where discretionary releases can be made without causing harm, the Chief of the IART, as the Initial Denial Authority, and the Chief Information Officer, as the Appeal Authority, use their discretion to release information even where an exemption may be available. The FOIA exemptions used by the NRO to protect information are exemptions one through seven. The eighth and ninth exemptions do not pertain to the mission and functions of the NRO.
Because of the sensitivity of NRO's functions and activities, the most often cited exemptions are (b)(1) (national security information) and (b)(3) (exemption by statute). The statutes most often applied to the protection of information are the following:
- 50 U.S.C. § 403-1, which protects intelligence sources and methods from unauthorized disclosure;
- 10 U.S.C. § 424 which states: "Except as required by the President or as provided in subsection (c), no provision of law shall be construed to require the disclosure of (1) The organization or any function ...(2)... number of persons employed by or assigned or detailed to any such organization or the name, official title, occupational series, grade, or salary of any such person ...(b) Covered Organizations ... the National Reconnaissance Office";
- 50 U.S.C. § 432a, which exempts operational files of the NRO from the publication, disclosure, search, and review provisions of the FOIA.
To Submit a FOIA Request
A FOIA request is the means by which an individual seeks records of an agency. A proper FOIA request should be as specific as possible to ensure an accurate and focused search for responsive material. A request that does not reasonably describe records cannot be processed, and the requester will be asked to clarify the subject of the request. In addition, a requester may be assessed fees for the processing of a request in accordance with 5 U.S.C. 552(4)(A)(ii) and Department of Defense Regulation 5400.7-R. A proper FOIA request must include willingness to pay fees. See FOIA Handbook for instructions on submitting a proper FOIA request.
The FOIA does not compel government agencies to answer substantive questions or create records to respond to a request.
The mailing address is:
- National Reconnaissance Office
Attn: MS&O/Information Access and Release Team
14675 Lee Road
Chantilly, VA 20151-1715
To submit a request by electronic means, the requester must access the appropriate options on the NRO FOIA Home Page. If you are reading this on-line and would like to submit a new request electronically, click on the "SUBMIT REQUEST" button below.
SUBMIT FOIA REQUEST
To submit a PA Request
A proper PA request is one in which the individual seeks records on herself/himself that are contained in a file retrievable by the individual's name or personal identifier. All PA requests, to include amendment requests, must be in writing, contain as much detail as possible to identify the information requested or amended, and contain the requester's signature. No special forms are required. PA requests may be submitted by postal service or other commercial delivery means, or by facsimile (703-227-9198), or electronically. The mailing address and telephone number for the PA office is the same as that of the FOIA office.
To submit a PA request by electronic means, the requester must access the appropriate option on the NRO FOIA Home Page. If you are reading this on-line and would like to submit a new request electronically, click on the "Submit PA Request" button. This will bring up an electronic email. A digital signature is required for all on-line PA submissions. The NRO will not respond to PA requests received electronically unless they contain a digital signature. Adobe provides information on digital signatures found at the following link: http://www.adobe.com/security/digsig.html
Your request should include the following information. Failure to include this information may result in processing delays or make it impossible for us to process your request.
- Your full name;
- Your complete mailing address;
- Your date of birth;
- Your place of birth;
- Your citizenship;
- Your social security number (optional);
- A clear description of the records you are requesting.
SUBMIT PA REQUEST
Processing Time
Requests vary in their scope and complexity. For that reason, it is difficult to provide an "average" processing time. Actual processing time will depend upon how extensive a search is required; the complexity, volume and sensitivity of the records located; the need for consultation among various offices within NRO, as well as the need to consult with other agencies having an interest in the material; and the number of cases preceding a request in the processing queue. Requests are processed on a "first-in, first-out" basis, based on the origination date of the request.
Expedited Treatment
A request will be expedited if the requester seeks such processing and demonstrates a compelling need, as defined by the FOIA, or a need for expedited treatment, as detailed in Department of Defense Regulation 5400.7-R. The requester seeking expeditious processing must provide a statement of compelling need, certified by him/her to be true and correct to the best of his/her knowledge.
Appeal Process
A requester has the right to file an administrative appeal if an adverse determination is made. Examples of adverse determinations are denial of records, the inability of an agency to locate records, and a denial of a waiver of fees.
Submitting a FOIA Appeal - there are three convenient ways to submit a FOIA appeal request (no special forms are required):
- By postal service or other commercial delivery to:
National Reconnaissance Office
Attn: MS&O/Information Access and Release Team
14675 Lee Road
Chantilly, VA 20151-1715
- By facsimile to 703-227-9198
- By On-Line Form
The FOIA/PA Office (IART) can be reached via phone at 703-227-9326.
FOIA Requester Service Center
President Bush signed Executive Order (EO) 13392 on 19 December 2005, setting new standards for Federal Agency FOIA programs by ordering that agencies emphasize a new citizen-centered approach to the FOIA with a results-oriented focus (EO 13392). In response to that EO, the NRO has established a FOIA Requester Service Center and has appointed a FOIA Public Liaison Officer. The FOIA Requester Service Center serves as an initial point of contact for FOIA requesters to receive status updates and any appropriate information about their current requests.
NRO FOIA Requester Service Center
703-227-9326
Chief FOIA Public Liaison Officer
The Chief FOIA Public Liaison Officer is someone to whom requesters can raise concerns about the service received from the FOIA Requester Service Center.
Linda S. Hathaway
NRO Chief FOIA Public Liaison Officer
14675 Lee Road
Chantilly, VA 20151-1715
Telephone: 703-227-9128
Fax: 703-227-9198
E-Mail: foia@nro.mil
Annual Report
The NRO Prepares an annual report on its FOIA processing. A copy of that report is available at: FOIA Annual Reports. The NRO report is also included in the Department of Defense annual report.
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