“A popular Government without popular information or the means of acquiring

it, is but a Prologue to a Farce or a Tragedy or perhaps both. Knowledge will

forever govern ignorance, and a people who mean to be their own Governors,

must arm themselves with the power knowledge gives.”

James Madison

Introduction

This handbook is intended to assist you in making Freedom of Information Act

(FOIA) requests for Department of Defense (DoD) records. It will get you started

and provide you with a brief description of your rights and the manner in which

DoD will respond to your requests. The information contained herein is not

intended to be definitive or exhaustive.

The FOIA, which is known by its legal cite as 5 U.S.C. § 552, along with the DoD

Regulation, governs how requests will be processed within the DoD. DoD Regulation 5400.7-R, “Department of Defense Freedom of Information Act Program,” can

be found at Part 286 of Chapter 32 of the Code of Federal Regulations, which is

available in most libraries. It can also be purchased from the National Technical

Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, for

$12.50, and may be found on the World Wide Web by entering:

http://www.defenselink.mil/

click on “Publications”

click on Freedom of Information Act (FOIA)

click Department of Defense (DoD) Freedom of Information Act

Program Regulation

Due to its size and complexity, the Department of Defense’s FOIA program is

decentralized among the several “DoD Components,” which operate their own

FOIA offices and respond directly to the public for their own records. If you desire

records from these Components, please write to them using the addresses beginning

on page 6 of this handbook. This office, the Directorate for Freedom of Information

and Security Review is responsible for responding to requests for records of the

Office of the Secretary of Defense and the Chairman of the Joint Chiefs of Staff.

Our address is the first one listed on page 6.

1
Frequently Asked Questions Asked Questions

What is the FOIA?

The FOIA is a Federal law that establishes the public’s right to request existing

records from Federal government agencies.

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.

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. At the Office of

the Secretary of Defense/Chairman of the Joint Chiefs of Staff level, you may expect

to find policy, planning and budgetary information for the DoD.

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 Department of

Defense possession and control at the time the FOIA request is made.

Can we 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?

• Label your request “Freedom of Information Act Request,” preferably within the

request letter and on the envelope, and address the request to the DoD

Component(s) likely to have the information you seek. If you do not know

which Component is likely to maintain the information you seek, you may call

the Directorate for Freedom of Information and Security Review, at

2
(703) 697-1160/1180, or write to us at the address below (first one on page 6)

for assistance.

• State your willingness to pay applicable fees. If you seek a fee waiver, provide a

justification for such a waiver.

• Describe the specific records you are requesting in enough detail so that they can

be located with a reasonable amount of effort. Generally, a record is reasonably

described when the description contains sufficient file-related information (type

of document, title, subject area, date of creation, originator, etc.); or the request

contains enough event-related information (date and circumstances surrounding the event the record covers) to permit the conduct of an organized, nonrandom search.

Note: A sample request letter can be found at the end of this handbook.

What are the reasons for not releasing a record?

The reasons why the Office of the Secretary of Defense/Chairman of the Joint Chiefs

of Staff may not release a record when a request for the record is made under the

FOIA. They are:

• A reasonable search of files failed to identify repsonsive records.

• The requests if tranferred to another DoD Component, or to another Federal

Agency.

• The request is withdrawn by the requester.

• The requester is unwilling to pay fees associated with a request; the requester

is past due in the payment of fees from a previous FOIA request; or the requester

disagrees with the fee estimate.

• A record has not been described with sufficient particularity to enable the DoD

Component to locate it by conducting a resonable search.

• The requester has failed unreasonable to comply with procedural requirements,

other than fee-related, imposed by DoD 5400.7-R or DoD Component

supplementing regulations.

• The information requested is not a record within the meaning of the FOIA and

this Regulation.

• The request is a duplicate request (e.g. a requester asks for the same information

3
more than once). This includes identical requests received via different means

(e.g. electronic mail, facsimile, mail, courier) at the same or different times.

• Any other reason a requester does not comply with published rules other

than those outlined above.

• The record is denied in whole or in part in accordance with procedures set

forth in the FOIA.

What are the FOIA exemptions?

Records (or portions of records) will be disclosed unless that disclosure harms an

interest protected by a FOIA exemption. The nine FOIA exemptions are cited in the

Act as 5 U.S.C. § 552(b)(1) through (b)(9):

• (b)(1)—records currently and properly classified in the interest of

national security;

• (b)(2)—records related solely to internal personnel rules and practices, which if

released would allow circumvention of an agency function;

• (b)(3)—records protected by another law that specifically exempts the

information from public release;

• (b)(4)—trade secrets and commercial or financial information obtained from

a private source which would cause substantial competitive harm to the source

if disclosed;

• (b)(5)—internal records that are deliberative in nature and are part of the

decision making process that contain opinions and recommendations;

• (b)(6)—records which if released, would result in a clearly unwarranted

invasion of personal privacy;

• (b)(7)—investigatory records or information compiled for law enforcement

purposes;

• (b)(8)—records for the use of any agency responsible for the regulation or

supervision of financial institutions; and

• (b)(9)—records containing geological and geophysical information (including

maps) concerning wells.

4
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 which must be

postmarked within 60 days of the date of the denial letter. You may also appeal any

determination which you consider to be adverse. As with appeals of denied

information, an appeal of an adverse determination also must be postmarked

within 60 days of the date of the letter advising you of the adverse determination.

How long will it take for my request to be processed?

This is a difficult question to answer because of the size of DoD and its worldwide

locations. In fairness to all requesters, DoD processes requests in order by date of

eceipt 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, the DoD is unable to answer all of them within the statute’s time

requirements. Therefore, requests will have to wait their turn in the Components’

queuing tracks.

Under certain conditions, expedited access may be granted if there is a compelling

need, such as a threat to life and safety, if a person engaged in disseminating

information has an urgency to inform the public on actual or alleged Federal

Government activity, an imminent loss of substantial due process rights, or a

humanitarian need.

Do I have to pay for a FOIA request?

The FOIA allows fees to be charged to certain types of requesters, but it also provides

that waivers or reductions in fees 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 DoD. The

FOIA requires that requesters be placed into one of the below categories:

Commercial. Requesters who seek information for a use or purpose that furthers

their commercial, trade, or profit interest are considered commercial requesters.

Commercial requesters pay all fees for search, review and duplication.

Educational. Institutions of education, including preschools, elementary or

secondary schools and institutions of higher learning, qualify as educational

institutions. The records must be sought in furtherance of scholarly research.

Educational requesters pay only duplication fees, unless it is determined that fees

are waived or reduced in the public interest. The first 100 pages are provided at no

cost.

5
Non-Commercial Scientific. A non-commercial scientific institution is operated

solely for conducting scientific research. The records must be sought in furtherance

of scientific research. Like educational requesters, these requesters pay only

duplication fees, unless it is determined that fees are waived or reduced in the

public interest. The first 100 pages are provided at no cost.

News Media. A representative of the news media is a person actively gathering news

for an entity organized and operated to publish or broadcast news to the public.

News media pay only duplication fees, unless it is determined that fees are waived

or reduced in the public interest. Again, the first 100 pages are provided at no cost.

“Other” Requesters. Requesters who do not qualify in another category are

considered “other” requesters, and normally make requests for agency records for

their personal use. “Other” requesters receive two hours search, all review costs, and

the first 100 pages at no cost.

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:

• The subject of the request.

• The informative value of the information to be disclosed.

• The contribution to an understanding of the subject by the general public likely

to result from the disclosure.

• The significance of the contribution to public understanding.

• Disclosure of the information is not primarily in the commercial interest of the

requester.

• The ability of the requester to disseminate the information.

DoD Components

Director, Freedom of Information & Security Review

1155 Defense Pentagon, Room 2C757

Washington, DC 20301-1155

Department of the Army

FOIA/Privacy Acts Office

TAPC-PDR-PF

7798 Cissna Road, Suite 205

Springfield, VA 22150-3197

6
7

Department of the Navy

Chief of Naval Operations

N09B30

2000 Navy Pentagon

Washington, DC 20350-2000

Department of the Air Force

11CS/SCSR(FOIA)

1000 Air Force Pentagon

Washington, DC 20330-1000

Defense Contract Audit Agency

Attn: CMR

8725 John J. Kingman Road

Suite 2135

Fort Belvoir, VA 22060-6219

Defense Finance & Accounting Service

Directorate for External Services

Crystal Mall 3, Rm 416

Arlington, VA 22240-5291

Defense Intelligence Agency

Attn: SVI-1

Washington, DC 20340-5100

Defense Security Service

Office of FOIA & Privacy V0020

1340 Braddock Place

Alexandria, VA 22314-1651

Defense Information Systems Agency

Regulatory/General Counsel

Attn: FOIA

701 South Courthouse Road

Arlington, VA 22204-2199

Defense Logistics Agency

Attn: CAAR

8725 John J. Kingman Road

Suite 2533

Ft Belvoir, VA 22060-6221

Defense Threat Reduction Agency

Attn:SO

45045 Aviation Drive

Dulles, VA 20166-7517
Inspector General of the Department of Defense

Chief, FOIA/PA Office

400 Army Navy Drive, Rm 405

Arlington, VA 22202-2884

National Imagery and Mapping Agency

General Counsel’s Office

GCM

Mail Stop D-10

4600 Sangamore Road

Bethesda, MD 20816-5003

National Reconnaissance Office

Information Access & Release Center

Attn: FOIA Officer

14675 Lee Road

Chantilly, VA 20151-1715

National Security Agency/Central Security Service

FOIA/PA Services

N5P5

9800 Savage Road STE 6248

Ft. George G. Meade, MD 20755-6248

*NOTE: The U.S. Marine Corps is under the Department of the Navy, but you may

also write to them at Commandant of the Marine Corps (ARAD), Headquarters U.S.

Marine Corps, 2 Navy Annex, Washington, DC 20380-1775. The National Guard

Bureau is under the Departments of the Army and Air Force, but you may write to

them at National Guard Bureau, Attn: NGB-ADM, (FOIA) 1411 Jefferson Davis

Highway, Suite 10800, Arlington, VA 22202-3231

Reading Rooms

The Directorate for Freedom of Information and Security Review operates the Office

of the Secretary of Defense/Chairman of the Joint Chiefs of Staff Reading Room

which contains DoD directives, instructions, manuals, regulations and select

documents that have been requested several times under the FOIA (these are called

FOIA Processed (a)(2) Records). The Reading Room is open to the general public

from 8:30 a.m. - 4:30 p.m. Monday through Friday (excluding Federal holidays). Its

location is in the Directorate, Room 2C757, in the Pentagon. Although no

appointments are necessary, you must call the Directorate at 697-1160/1180 from

the house phone once you arrive at the Pentagon in order to be escorted to the

reading room within the Pentagon.

Each Component operates its own Reading Room. For hours of operation, location

and access procedures, please contact the Component for which you are interested.

8
9

Electronic Access

At the DoD homepage, you will find a multitude of information including DoD’s

electronic reading room and the DoD Government Information Locator Service

(GILS),which is essentially a card catalog that identifies public information

resources. At the DoD homepage, you will also find the DoD FOIA Regulation, as

well as the DoD Freedom of Information Act Annual Report. This is a detailed

report which provides statistics on DoD’s FOIA program such as the number of

requests received, the number granted in full, and denied. The World Wide Web

address for the DoD homepage and the DoD Government Information Locator

Service (GILS) is:

http://www.defenselink.mil/

To access the DoD GILS system, select the “Search” button and then click on

“Government Information Locator Service’’ for the GILS entries. Then scroll to

the browse Defenselink Locator Records.

To go into the electronic reading room, click on “Publications” from the

Defenselink homepage, then scroll down to Freedom of Information Act (FOIA)

and click on it. Then select “Office of the Secretary of Defense/Joint Staff Electronic

Reading Room.” A list of titles appears. Click the title you are interested in to view

that record.

Conclusion

We trust this information will be helpful to you when pursuing FOIA requests with

DoD. If you have any questions, you may call (703) 697-1160/1180 and ask for a

FOIA officer.
Sample FOIA Request Letter

DoD Component Head [or FOIA Officer]

DoD Component

Address

City, State, Zip Code

Dear :

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

documents 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]

a representative of the news media affiliated with the _______ newspaper

(magazine, television station, etc.), and this request is made as part of news

gathering and not for a commercial use.

affiliated with an educational or noncommercial scientific institution, and this

request is made for a scholarly or scientific purpose and not for a commercial use.

affiliated with a private business and am seeking information for use in the

company’s business.

an individual seeking information for personal use and not for a commercial use.

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 public understanding of the operations or activities of the DoD 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

Address

City, State, Zip Code

Telephone number [optional]

10
NOTES