Air Force ISR Agency - Freedom of Information

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Freedom of Information Act (FOIA)

Individual Air Force ISR Agency units (see list at right) are responsible for processing requests for the respective unit's records under the FOIA provisions. Written requests may be sent by mail, facsimile or electronic means. Requests received by facsimile or electronic means must have a mailing address included since it may not be practical to provide a substantive response by facsimile or electronic means.

What is the FOIA?

FOIA is a disclosure statute. Information is considered to be releasable unless it falls under one of the nine FOIA exemptions (b)(1) through (b)(9). The FOIA applies to records either created or obtained by an agency and under agency control at the time of the FOIA request. Agencies within the executive branch of the federal government, including the Executive Office of the President and independent regulatory agencies are subject to the FOIA. State governments, municipal corporations, the courts, Congress and private citizens are not subject to the FOIA. The Freedom of Information Act Program (DODR 5400.7) allows the general public including foreign citizens, military and civilian personnel acting as private citizens, to request records electronically or in writing from the Federal Government. Some records are released to the public under the Freedom of Information Act, and may therefore reflect deletion of some information in accordance with the FOIA's nine statutory exemptions or two law enforcement record exclusions. A consolidated list of such records is on Defense Link and the U.S. Air Force FOIA site. Currently the law allows 20 working days to process a FOIA request upon receipt of the request in the FOIA office.

Who can submit a FOIA request?

Members of the public, including foreign citizens, military and civilian personnel acting as private citizens, organizations and businesses, and individual members of the Congress for themselves or constituents, may request records in writing. It is important to remember that the Freedom of Information Act applies only to federal agencies. It does not create a right of access to records held by Congress, the courts, state or local government agencies, or by private businesses or individuals. Each state has its own public access laws that should by consulted for access to state and local records. Air Force-affiliated requesters, to include military and civilian employees, should not use government equipment, supplies, stationery, postage, telephones, or official mail channels to make FOIA requests. Requests should be made through personal e-mail or postal service.

What are the fees for processing a FOIA request?

Fees are assessed depending on which group the request falls into:

Category 1: Commercial. Requesters pay all search, review, and duplication.

Category 2: Educational or Noncommercial Scientific Institution or News Media. Requesters get the first 100 copies free and pay for additional copies.

Category 3: Others. Requesters get the first two hours of search and the first
100 copies free.

Fee Waivers: Documents shall be furnished without charge, or at a charge reduced below fees assessed to the categories of requesters in subsection. The component determines that waiver or reduction of the fees is in the public interest because furnishing the information is likely to contribute significantly to public understanding of the operations or activities of the Department of Defense and is not primarily in the commercial interest of the requester.

Expedite: An expedited request is when a requester asks for expedited processing and explains the compelling need (imminent threat to life or physical safety; urgently needed by a person primarily engaged in disseminating information; due process; or humanitarian need) for the requested information. In order to receive expedited processing, requesters must provide a statement certifying their "demonstration" (description) of their specific "compelling need" or due process/humanitarian need is true and correct to the best of their knowledge. When a requester seeks expedited processing, FOIA offices must respond in writing to the requester within 10 calendar days after receipt of the request approving or denying their request for expedited processing. Requesters have a right to appeal an adverse decision (e.g., when it is determined their requests will not be expedited). Expedited processing moves your request to the top of the queue, but it is still processed within the 20 workdays allowed by law.

How to Make a FOIA Request

Send requests for various Air Force ISR Agency units' records to the respective unit's FOIA office see list at right). Please ensure you mention "FOIA" in your request and indicate a willingness to pay fees associated with the processing of your request or, in the alternative, why a waiver of fees may be appropriate. Written requests may be received by postal service, facsimile or electronically. Faxed or e-mailed requests must have a mailing address included since it may not be practical to provide a substantive response electronically. FOIA requesters who have any questions concerning the processing of their requests with the Air Force ISR Agency FOIA Requester Service Center should call the center at (210) 977-6786. If you are not satisfied with the response from the center, you may contact the FOIA Public Liaison at (703) 696-6515 or af.foia@pentagon.af.mil.

Release of E-mail Addresses

Air Force policy is to deny requests for lists of e-mail addresses (both personal and organizational) using FOIA exemption (b)(2)(high). We also rely on FOIA exemption (b)(6) when denying lists of personal e-mail addresses. High (b)(2) protects internal information, the disclosure of which would risk circumvention of a statute or agency regulation. Because DoD e-mail systems are to be used only for official and authorized purposes, the addresses are considered primarily internal. The regulations at issue that could be circumvented include DoD and AF regulations that require us to limit use of e-mail to authorized purposes, and to protect the security of your computer and information systems. Exemption (b)(6) protects information that if released would permit a clearly unwarranted invasion of personal privacy. This does not prohibit an organization from including a single e-mail address on a Web page of in correspondence.

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