General Information
The public has a right to information concerning the activities of its Government. Department of
Defense(DOD) policy is to conduct its activities in an open manner and provide the public with a maximum amount of accurate
and timely information concerning its activiites, consistent always with the legitimate public and private interests of
the
American People. A record requested by a member of the public who follows established DOD guidelines shall
not be
withheld in whole or in part unless the record is exempt from mandatory partial or total disclosure under
FOIA.
What is a Record?
Documentary materials, regardless of physical form or characteristics, made or received by an Agency of the
United
States Government under Federal law or in connection with the transaction of public business and preserved
or
appropriate for preservation by that Agency, or it's legitimate successor, as evidence of the organization,
functions, policies, decisions, procedures, operations, or other activites of the Government or because of
the
informational value of the data in them. A record covers materials created or received by the DOD components
in
training, contingency, adn wartime operations as well as in all reoutine and peacetime business. (Reference
DOD
Directive 5015.2).
Who Can Submit a FOIA Request?
Members of the public, including foreign citizens, military and civilian personnel acting as private
citizens,
organizations, buinesses, 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 be consulted for
access to
state and local records.
What are the fees for processing a FOIA request?
A FOIA request should include a fee declaration (willingness to pay) appropriate for the below catagories:
Commercial: Requestors should indicate a willingness to pay all search, review, and duplication costs.
Education or Noncommercial Scientific Institution or News Media: Requestors should indicate willingess to
pay
duplication charges in excess of 100 pages if more than 100 pages are desired.
All Others: Requestors should indicate willingness to pay assessable search and duplication costs if more
than two
hours of search effort and duplication charges in excess of 100 pages.
If the above conditions are not met, the request will not be processed and the requestor shall be informed.