Who can make a request. Any person can make a FOIA request--U.S. or foreign citizens, organizations, businesses, but not including a Federal Agency or a fugitive from the law. DOD 5400.7-R, Para. C1.4.2.

How to make a request. A request should be made in writing and be clearly marked "Freedom of Information Act Request;" no special form is required. To help us identify and locate the information, a request should describe the record as clearly and specifically as possible. A statement of the reason for making the request is not required. A request may be sent by U.S. mail, commercial delivery service, facsimile or other electronic means, if available. DOD 5400.7-R, Para. C1.4.2.

When to anticipate a response. After the request is received by the FOIA Office and logged in, we do our best to provide a response within 20 workdays as required by the revised statute. However, if the time frame cannot be met due to a significant number of requests or due to the volume and/or complexity of the request, we will advise the requester of this fact within the 20-workday statutory time limit. If at all possible, we will provide a requester with a certain timeframe in which a final response may be anticipated. There are provisions for expedited processing of FOIA requests. DOD 5400.7-R, Para. 1.5.4.

Fees for Processing Requests. There are three general types of fees that may be charged to a requester: (1) the cost of searching for a document, (2) the cost of reviewing and excising exempt information from a document, and (3) the cost of duplication. These fees are applicable based on the category of the requester: Commercial - pay all search, review and duplication costs; Educational or Noncommercial Scientific Institutions or News Media - pay duplication charges in excess of 100 pages; All Others - pay search costs in excess of two hours and duplication costs over 100 pages. Fees are automatically waived if the costs total $15.00 or less. A requester should state in its request a willingness to pay the applicable fees. An estimate of FOIA processing fees may be requested before committing to a willingness to pay. If a request sets a processing fee cost ceiling, the requester will be notified should the cost estimate exceed the ceiling amount. In either case, the request will not be processed until a willingness to pay is confirmed by the requester. A fee waiver may be granted on a case-by-case basis if the request is being made in the public interest and the information is likely to contribute significantly to public understanding of the operations or activities of the government. Reference DOD 5400.7-R, Para. C6.14 & C6.15.

FOIA Exemptions. A record is made available unless it clearly qualifies for exemption under one or more of the nine statutory exemptions. The exemptions apply to:

• Documents properly and currently classified in the interest of national defense or foreign policy pursuant to Executive Order.
• Internal agency rules and practices.
• Information specifically exempted from disclosure under the criteria of another federal statute.
• Trade secrets or commercial or financial information received from outside the Government, the disclosure of which would likely cause substantial harm to the competitive position of the source providing the information or impairment to a Government interest.
• Internal agency memoranda or letters containing information privileged in litigation or are part of the agency's decision-making processes.
• Personal privacy matters such that if the information were disclosed would result in a clear invasion of privacy.
• Law enforcement and investigatory records that could interfere with law enforcement proceedings, deprive a person to of a fair impartial trial, identify a confidential source, disclose techniques and procedures for law enforcement investigations or invade personal privacy.
• Financial institution records.
• Geological and geophysical information and data concerning oil wells.

If all or parts of a requested record are withheld, the requester will be informed of the basis for the denial. The requester has a right to appeal the denial decision. The DISA General Counsel or, in his/her absence, the Deputy General Counsel, is vested with the sole authority to deny a FOIA request received by DITCO. DOD 5400.7-R, Para. C5.2, et seq. and DISAI 630-225-8.

Appeal Procedures. An initial denial decision may be appealed no later than 60 days after the date of the denial letter. An appeal must be in writing, include the basis for the disagreement with the denial decision and be accompanied by a copy of the denial letter. Appeals should be sent to Director, Defense Information Systems Agency, P.O. Box 4502, Arlington, Virginia 22204-2199. DOD 5400.7-R, Para. C.5.3 and DISAI 630-225-8.

Note on Privacy Act Requests. Individuals can use the DITCO FOIA Office for submitting requests for information relating to themselves under the Privacy Act. Requests for personal records should be made under both the Privacy Act and FOIA. Questions relating to the submission of Privacy Act requests should be directed to the DITCO FOIA Officer.

Other Information:

1. DOD 5400.7-R, September 1998, Department of Defense Freedom of Information Act Program. This regulation provides guidance regarding administration of the Freedom of Information Act (FOIA) Program within the Department of Defense (DOD).

2. DISA Instruction 630-225-8, Freedom of Information Act Program. This instruction assigns responsibilities of the FOIA program for Defense Information Systems Agency (DISA).

3. Headquarters, Defense Information Systems Agency website at http://www.disa.mil/about/legal/foia/index.html.

4. FOIA Reading Room: DISA/DITCO Contracts.

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Page Last Updated: 21 August 2012, disa.scott.ditco.mbx.webman@mail.mil

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