This Service Center was designed to assist the public in making Freedom of Information Act (FOIA) requests for HQ U.S. Northern Command (USNORTHCOM)) records. The information obtained herein is not intended to be definitive or exhaustive. The FOIA, which is known by its legal cite as Title 5 U.S.C. § 552, along with the Department of Defense (DOD) Regulation 5400.7-R, governs how requests will be processed within USNORTHCOM. Because USNORTHCOM must comply with national security laws, some documents or parts of documents may be exempt from release. See FOIA exemptions under “How to File a FOIA Request” for more information.

This FOIA Requester Service Center is the initial point of contact for FOIA requesters (see Contact the USNORTHCOM FOIA Officer) to receive status, updates and appropriate information about their requests. Any requesters which have concerns about the service they are receiving from this FOIA Requester Service Center can raise their concerns with our FOIA Public Liaison, the Chief of FOIA Policy, Appeals and Litigation. He can be reached at 703-696-4495 or e-mail to foia.liaison@whs.mil.

Click here to visit the USNORTHCOM FOIA Reading Room

How to file a FOIA request

Essential Elements of a FOIA Request Letter:

• Provide your full name and address
• Provide a reasonable description of the record(s) requested
• Provide a statement of your fee category and your willingness to pay applicable fees
• Send the letter to the following address:
  HQ NORAD USNORTHCOM/CS
  FOIA OFFICER 250 VANDENBERG STREET
  SUITE B016
  PETERSON AFB CO 80914-3804
  
  Transmission via facsimile is also acceptable. The facsimile number is (719) 554-4431

Sample of a FOIA request letter:

Fee Categories:

1. Educational and Scientific: Any accredited U.S. educational or research institution or instructor/researcher of such an institution using the information in a scholarly or analytical work contributing to public knowledge and disseminated to the public.
2. Commercial: Increases the commercial interest of the requester – for example, book publishers and authors.
3. U.S. News Media: Representatives of U.S. newspapers, television stations, radio stations, and freelancers (if publishing through one of these news organizations) disseminating current events of interest to the general public to enhance its understanding of the operation or activities of the U.S. Government.
4. All Others: Requests from individuals who do not fit into the previous three categories.

Fees:

The FOIA provides for the collection of fees for:

• Searches: Time spent in looking for and retrieving material, either paper or electronic files, that may be responsive to the request, including personnel hours (clerical and professional) or computer time.
• Reviews: Time spent to determine if the record is releasable under legal guidelines, excluding the resolution of legal or policy issues. This includes blacking out or redaction of text.
• Reproduction: Generating a copy of a requested record in the appropriate medium, for example paper or computer disk.

Fee Waivers:

The FOIA provides for “request of a fee waiver” when the disclosure of the information is in the public interest and not primarily in the commercial interest of the requester. These two requirements can be applied using the following criteria:

Public Interest:

1. The subject concerns the operations or activities of the U.S. Government
2. The disclosure is informative
3. The disclosure helps the public understand the operations of the U.S. Government
4. The disclosure contributes significantly to public understanding

No Commercial Interest:

5. Does the requester has a commercial interest?
6. Which is greater, the public or commercial interest?

The requester can get a fee waiver if the information disclosed is in the public interest. The information provided is likely to contribute significantly to public understanding of the operations or activities of the U.S. Government.

Fee Waiver Appeals

Denials of requests for fee waivers or reductions may be appealed Mr. James Hogan, Chief, Policy, Appeals, and Litigation Branch, Office of Freedom of Information, 1155 Defense Pentagon, Washington, DC 20301-1155. Requesters are encouraged to explain how their requests satisfy the legal requirements under fee waivers as outlined under the “Fee Waiver” section.

FOIA Exemptions:

Records that meet the FOIA exemption criteria may be withheld from public disclosure and do not have to be published in the Federal Register, made available in a library reading room, or provided in response to a FOIA request. The following types of records may be withheld in whole or in part from public disclosure under the FOIA:

• Exemption # 1: Those properly and currently classified in the interest of national defense/security or foreign policy. If the information qualifies as exemption 1, there is no-discretion regarding its release.
• Exemption # 2: Those related solely to the internal personnel rules and practices of the Department of Defense or any of its components.
• Exemption # 3: Those concerning matters that a statute specifically exempts from disclosure by terms that permit no discretion on the issue. A few examples of such statues are: Patent secrecy, restricted data, communication intelligence, confidentiality of medical quality, contractor proposals, etc.
• Exemption # 4: Those containing trade secrets or commercial or financial information that a DoD component receives from a person or organization outside the government. The disclosure of such records will likely cause substantial harm to the competitive position of the source providing the information.
• Exemption # 5: Those containing information considered privileged in litigation, primarily under the deliberative process privilege.
• Exemption # 6: Information of personnel and medical files, as well as similar personal information in other files, that would result in a clearly unwarranted invasion of personal privacy.
• Exemption # 7: Records or information compiled for law enforcement purposes; i.e., civil criminal, or military law, including the implementation of Executive Orders or regulations issued pursuant to law.
• Exemption # 8: Records pertaining to the regulation or supervision of financial institutions.
• Exemption # 9: Those records containing geological and geophysical information and data (including maps) concerning wells.

Your Rights:

• You have the right to request records under the Freedom of Information Act.
• You have the right to appeal any denial of records under the Freedom of Information Act.
• You have the right to request a “fee waiver” if you can demonstrate that the requested record(s) is in the public interest and not primarily in the commercial interest of the requester.
• Under Executive Order 12958, you have the right to request review of specific documents for declassification and release to the public.

Contact the USNORTHCOM FOIA Officer

Address:

HQ NORAD USNORTHCOM/CS
FOIA OFFICER
250 Vandenberg Street
Suite B016
Peterson AFB CO 80914-3804

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