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The Freedom of Information Act (FOIA) is a Federal law that establishes the public’s right to request existing records from Federal Government agencies. The FOIA provides for prompt, maximum release of Department of Defense records to the public unless such requested records are specifically exempt from mandatory public disclosure under the FOIA. Only the Secretary of the Army and the Initial Denial Authority (IDA) may deny a request for Army records.
Contact: leeeFOIA@conus.army.mil
Who can file a FOIA request?
Any person can file a FOIA request, including U.S. citizens, foreign nationals, organizations, universities, businesses, and state and local governments. Federal employees may not use government time nor equipment when requesting information under the FOIA.
Who is subject to the FOIA and what type of information can be requested?
The FOIA’s scope includes Federal Executive Branch Departments, agencies, and offices, Federal regulatory agencies, and Federal corporations. Congress, the Federal Courts, and parts of the Executive Office of the President are not subject to the FOIA. State and local governments are likewise not subject to the Federal FOIA, but some states have their own equivalent access laws for state records.
What is a record?
A record is the product(s) of data compilation, such as all books, papers, maps, and photographs, machine readable materials, inclusive of those in electronic form or format, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law in connection with the transaction of public business and in Army possession and control at the time the FOIA request is made.
Can I ask questions under the FOIA?
The FOIA does not require Federal Agencies to answer questions, render opinions, or provide subjective evaluations. Requesters must ask for existing records, such as those mentioned above.
How do I file a FOIA request?
What are reasons for not releasing a record?
There are seven reasons why the Army may not release a record requested under FOIA. They are:
What are FOIA exemptions?
What is a denial?
When information is withheld, whether partially or fully, this constitutes a denial under FOIA. A request may be denied for one or more of the aforementioned exemptions. When this happens, you will be notified in writing by an Initial Denial Authority (IDA) and given appeal rights. IDAs are denial authorities for records that fall under their functional areas as listed in Appendix A. If your request is denied partially you will receive information that has portions deleted. Redacted records have the denied information removed from where it was originally located within the document. The appropriate exemption(s) for deletion of the information should be listed next to the sanitized area(s) on the document. There are usually two methods for sanitizing a document; one is to blacken out the denied information, and the other is to completely remove it.
Can I appeal a denial?
Yes. If your request is initially denied in whole or in part under one or more of the above exemptions or denied for some other reason, you will be advised of your appeal rights and the proper procedures for submitting the appeal within 60 days. If you are not satisfied with the appeal determination, you may seek a judicial review.
How long will it take for my request to be processed?
This is a difficult question to answer because of the size of Army and its worldwide locations. In fairness to all requesters, the Army processes requests in order by date of receipt and according to their complexity. These are called easy and hard queuing tracks. Whenever possible, an initial determination to release or deny a record is made within 20 working days after receipt of the request by the official who is designated to respond. However, due to the thousands of requests received annually, requests must wait their turn in the Army Component’s queuing tracks. If unusual circumstances exist that preclude a timely response, that office will give an estimated completion date and reason(s) for delay. Unusual circumstances are:
How do I qualify for expedited processing of my request?
To receive expedited processing, the requester must demonstrate one of the following compelling needs:
Other reasons that merit expedited processing are an imminent loss of substantial due process rights andhumanitarian need.
Do I have to pay for a FOIA request?
The FOIA allows fees to be charged to certain types of requesters; however, any previous fees for FOIA requests must be paid in full prior to processing current request. Waivers or reductions in fees may be given if disclosing the information is in the public interest. Public interest is defined as information which significantly enhances the public’s knowledge of the operations and activities of the Army. The FOIA requires that requesters be placed into one of the below categories:
All requesters should submit a willingness to pay fees regardless of the fee category, however, this does not mean you will be charged fees. Except for commercial requesters whose fees total more than $15, waivers are always considered. Fee waivers may be granted when disclosure of the records is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government. The following factors are weighed in making a fee waiver determination.
SAMPLE FOIA REQUEST LETTER
Department of the Army Directorate of Human Resources ATTN: FOIA OFFICER 2701 C Avenue Fort Lee, VA 2801 Dear POC (FOIA): This is a request under the Freedom of Information Act (5 U.S.C. 552). I request that a copy of the following document(s) be provided to me. [Identify the document(s) as specifically as possible]. In order to help you determine my status for the purpose of assessing fees, you should know that I am [Insert one of the descriptions below.
I am willing to pay fees for this request up to a maximum of $_____. If you estimate that the fees will exceed this limit, please inform me first. [Optional] I request a waiver of fees for this request because disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the Army and is not primarily in my commercial interest. [Include details about how the requested information will be disseminated by you to the general public] [Optional] I also include a telephone number at which I can be contacted if necessary to discuss any aspect of my request. Sincerely, Name
Documents in .PDF or .PPT format
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