Department of Defense (DoD)

Freedom of

Information Act

Program Report

for

Fiscal Year (FY)

1998

TABLE OF CONTENTS

EXECUTIVE SUMMARY

Prepared By:

The Directorate for Freedom of

Information

and Security Review (DFOISR)
Table of Contents

Basic Report

Item I. Basic Information Regarding the Report

Item II. How to Make a FOIA Request

Item III. Definitions of Terms and Acronyms Used in the Report

Item IV. Exemption 3 Statutes

Item V. Initial FOIA/PA Requests

Part A. Numbers of Initial Requests

Part B. Disposition of Initial Requests

Part B. Number 1. Exemptions Invoked on Initial Denials

Part B. Number 2. Other Reasons Cited on Initial

Determinations for Nondisclosure

Item VI. Appeals of Initial Denials of FOIA/PA Requests

Part A. Numbers of Appeals

Part B. Disposition of Appeals

Part B. Number 1. Exemptions Invoked on Appeal Denials

Part B. Number 2. Other Reasons Cited on Initial

Determinations for Nondisclosure

Item VII. Compliance with Time Limits/Status of Pending Requests

Part A. Median Processing Times for Initial Requests

Processed During the Year

Part B. Status of Pending Requests

Item VIII. Comparison With Previous Year (Optional, Not Used)

Item IX. FOIA Staffing/Costs

Item X. Fees Collected From Public

Item XI. FOIA Regulation, Including Fee Schedule

Supporting Tables

Tables for Item V. Initial FOIA/PA Requests

Part A. Numbers of Initial Requests

Part B. Disposition of Initial Requests

Part B. Number 1. Exemptions Invoked on Initial Denials
Part B. Number 2. Other Reasons Cited on Initial

Determinations for Nondisclosure

Part B. Number 3. Exemptions Invoked on Initial Requests

Part B. Number 4. "Specific" Other Reasons Cited on

Initial Determinations for Nondisclosure.

Part B. Number 4 supplemental "Specific" Other Reasons

Cited on Initial Determinations for Nondisclosure

Tables for Item VI. Appeals of Initial Denials of FOIA/PA Requests

Part A. Numbers of Appeals

Part B. Disposition of Appeals

Part B. Number 1. Exemptions Invoked on Appeal

Denials

Part B. Number 2. Other Reasons Cited on Initial

Determinations for Nondisclosure

Part B. Number 3. Exemptions Invoked on Appeal Denials

Part B. Number 4. Other Reasons Cited on Appeal

Determinations for Nondisclosure

Tables for Item VII. Compliance with Time Limits/Status of Pending

Requests

Part A. Median Processing Times for Initial Requests

Processed During the Year

Part B. Status of Pending Requests

Table for Item IX. FOIA Staffing/Costs

Item I.

Basic Information Regarding the Report

A. Title, address, and telephone number of person to be contacted with questions about the report:

Write to: Chief, Program Management Division

 Directorate for Freedom of Information and Security Review

 1155 Defense Pentagon

 Washington, DC 20301-1155

Telephone: (703) 695-4773

Name of Incumbent: LTC D. E. Campbell, U. S. Army.
B. The electronic address (Universal Resource Line, URL) for this report is:

http://www.defenselink.mil/pubs/foi/98report/

C. You may obtain a paper copy of DoD’s Annual FOIA Report for Fiscal Year 1998 by writing to the

above address and asking for a copy. A FOIA request is not necessary. Please include a mailing address.

Item II.

How to Make a FOIA Request

The Department of Defense (DoD) Freedom of Information Act Handbook provides basic information

about how to make a Freedom of Information Act (FOIA) request and general information about the

Freedom of Information Act Program within the Department of Defense (DoD). This document also

contains DoD component addresses, a brief description of response times, and the reason why some

requests are not granted. The DoD Freedom of Information Act Handbook can be found at:

http://www.defenselink.mil/pubs/foi/foiapam3.pdf

Item III.

Definition of Terms and Acronyms Used

In The Report

A. Agency-specific acronyms or other terms.

1. The Military Departments.

a. The Department of the Army: Dept Army.

b. Department of the Navy: Dept Navy. The United States Marine Corps, USMC, is a part of

the Department of the Navy.

c. Department of the Air Force: Dept Air Force.

2. Other Defense Agencies and Activities.

a. Defense Contract Audit Agency: DCAA.

b. Defense Finance and Accounting Service: DFAS.

c. Defense Information Systems Agency: DISA.

d. Defense Intelligence Agency: DIA.
e. Defense Logistics Agency: DLA.

f. Defense Security Service: DSS. Formerly Defense Investigative Service, DIS.

g. Defense Threat Reduction Agency: DTRA. Formerly Defense Special Weapons

Agency, DSWA.

h. National Imagery and Mapping Agency: NIMA. Formerly Defense Mapping Agency,

DMA.

i. National Security Agency/Central Security Service: NSA/CSS or NSA.

j. National Reconnaissance Office: NRO.

k. Office of the Inspector General, Department of Defense: OIG, DoD.

3. Office of the Secretary of Defense, Chairman of the Joint Chiefs of Staff, Combatant

Commands, and Defense Agencies/Activities not listed above: OSD/JS.

4. "Other Reasons" Cited on Initial and Appeal Determinations.

a. No Records. A reasonable search of files failed to identify records responsive to the request.

b. Referrals. The request was referred to another DoD Component or Federal Agency for

action.

c. Withdrawn. The request was withdrawn by the requester.

d. Fee-Related Reason. The requester is unwilling to pay fees associated with the request; the

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

requester disagrees with a fee estimate.

e. Records not Reasonably Described. The request could not be acted upon since the record

had not been described with sufficient particularity to enable the DoD Component to locate it

by conducting a reasonable search.

f. Not a Proper FOIA Request for Some Other Reason. The requester has failed unreasonably

to comply with legitimate procedural requirements which are not not fee-related.

g. Not an Agency Record. The requested information was not a record within the meaning of

the FOIA.

h. Duplicate Request. A request for the same information by the same requester. This includes

identical requests received via different means (e.g., electronic mail, facsimile, mail, courier) at

the same or different times.

i. Other. Any other reason a requester does not comply with published rules, other than those

mentioned above.

B. Basic terms, expressed in common terminology.

1. Freedom of Information Act/Privacy Act (FOIA/PA) request: A FOIA request is generally a

request for access to records concerning a third party, an organization, or a particular topic of

interest. A Privacy Act request is a request for records concerning oneself; such requests are also

treated as FOIA requests. All requests for access to records, regardless of which law is cited by the
requester (FOIA or PA), are included in this report.

2. Initial Request: A request to a federal agency for access to records under the Freedom of

Information Act (FOIA).

3. Appeal: A request to a federal agency asking that it review at a higher administrative level a full

denial or partial denial of access to records under the Freedom of Information Act, or any other

FOIA determination such as a matter pertaining to fees.

4. Processed Request or Appeal: A request or appeal for which an agency has taken a final action on

the request or the appeal in all respects.

5. Multi-track processing: A system in which simple requests requiring relatively minimal review

are placed in one processing track and more voluminous and complex requests are placed in one or

more other tracks. Requests in each track are processed on a first-in/first out basis. A requester who

has an urgent need for records may request expedited processing (see below).

6. Expedited processing: An agency will process a FOIA request on an expedited basis when a

requester has shown an exceptional need or urgency for the records which warrants prioritization of

his or her request over other requests that were made earlier.

7. Simple request: A FOIA request that an agency using multi-track processing places in its fastest

(nonexpedited) track based on the volume and/or simplicity of records requested.

8. Complex request: A FOIA request that an agency using multi-track processing places in a slower

track based on the volume and/or complexity of records requested.

9. Grant: An agency decision to disclose all records in full in response to a FOIA request.

10. Partial grant: An agency decision to disclose a record in part in response to a FOIA request,

deleting information determined to be exempt under one or more of the FOIA's exemptions; or a

decision to disclose some records in their entireties, but to withhold others in whole or in part.

11. Denial: An agency decision not to release any part of a record or records in response to a FOIA

request because all the information in the requested records is determined by the agency to be

exempt under one or more of the FOIA's exemptions, or for some procedural reason (such as because

no record is located in response to a FOIA request).

12. Time limits: The time period in the Freedom of Information Act for an agency to respond to a

FOIA request (ordinarily 20 working days from proper receipt of a "perfected" FOIA request).

13. "Perfected" request: A FOIA request for records which adequately describes the records sought,

which has been received by the FOIA office of the agency or agency component in possession of the

records, and for which there is no remaining question about the payment of applicable fees.

14. Exemption 3 statute: A separate federal statute prohibiting the disclosure of a certain type of

information and authorizing its with holding under FOIA subsection (b)(3).

15. Median number: The middle, not average, number. For example, of 3, 7, and 14, the median

number is 7.

16. Average number: The number obtained by dividing the sum of a group of numbers by the

quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8.
Item IV.

Exemption 3 Statutes

Court

Upheld?

Statute Types of Material Withheld Under Statute

Yes1 5 USC §7114(b)(4) Civil Service Reform Act – Representation

Rights and Duties, Labor Unions

No 10 USC §128 Authority to Withhold Unclassified Special

Nuclear Weapons Information

Yes2 10 USC §130 Authority to Withhold Unclassified Technical

Data with Military or Space Application

No 10 USC §424 Protection of Organizational and Personnel

Information for DIA, NRO, and NIMA

No 10 USC §455 Maps, Charts, and Geodetic Data; Public

Availability

No 10 USC §618(f) Action on Reports of Selection, Generally for

Promotion, Boards

No 10 USC §1102 Confidentiality of Medical Records

No 10 USC §2305(g) Protection of Contractor Proposals

No 16 USC §470w-3 National Historic Preservation

Yes3 18 USC §798(a) Communications Intelligence

No 22 USC §2778(e)

Sec 38(e) of the

Arms Export

Control Act

Control of Arms Exports

Yes4 26 USC §6103 Confidentiality and Disclosure of Returns and

Return Information

No 31 USC

§3730(b)(2)

Civil Actions for False Claims (specifies that

materials related to civil complaints filed by

private individuals on behalf of the U. S.

Government under the False Claims Act will

remain under seal for at least 60 days and

shall not be served on a defendant until the

court so orders).

No 41 USC §423 Procurement Integrity

Court

Upheld?

Statute Types of Material Withheld Under Statute

Yes5 42 USC §2162(a) Restricted Data (Atomic Energy), Atomic

Energy Act of 1954

No 42 USC Formerly Restricted Data (Atomic Energy),
§2168(a)(1)(C) Atomic Energy Act of 1954

Yes6 50 USC §402 Note

Sec 6, P.L. 86-36

NSA Functions and Information

Yes7 50 USC §403-

3(c)(6) National

Security Act of

1947, Subsection

102(d)(3), as

amended

Intelligence Sources and Methods

Yes8 50 USC §403(g),

Section 6 of the CIA

Act of 1949

CIA Functions and Information

No 50 USC §435 Note

Sec 1082, P.L. 102-

190

Disclosure of Information Concerning US

Personnel Classified as POW/MIA During

Vietnam Conflict (McCain "Truth Bill")

Yes9 50 U.S.C. app. §

2411(c) (1), The

Export

Administration Act

of 1979

Confidentiality of Information Obtained Under

the Export Administration Act of 1979

Item IV. Endnotes

1 Dubin v. Department of the Treasury, 555 F. Supp. 408, 412 (N.D. Ga. 1981), aff'd, 697 F.2d 1093 (11th Cir. 1983) (unpublished

table decision); NTEU v. OPM, No. 76-695, slip op. at 4 (D.D.C. July 9, 1979).

2 Chenkin v. Department of the Army, No. 93-494, 1994 U.S. Dist. LEXIS 20907, at *8 (E.D. Pa. Jan. 14, 1994), aff'd, 61 F.3d 894

(3d Cir. 1995) (unpublished table decision); Colonial Trading Corp. v. Department of the Navy, 735 F. Supp. 429, 431 (D.D.C.

1990); see also American Friends Serv. Comm. v. DOD, No. 83-4916, 1986 WL 10659, at *4(E.D. Pa. Sept. 25, 1986), rev'd on

other grounds, 831 F.2d 441 (3d Cir. 1987).

3 Winter v. NSA, 569 F. Supp. 545, 548 (S.D. Cal. 1983); see also Gilmore v. NSA, No. C 92-3646, 1993 U.S. Dist. LEXIS 7694,

at **26-27 (N.D. Cal. May 3, 1993) (finding that information on cryptography currently used by NSA "integrally related" to function

and activity of intelligence gathering and thus protected).

4 Church of Scientology v. IRS, 484 U.S. 9, 15 (1987); Aronson v. IRS, 973 F.2d 962, 964-65 (1st Cir. 1992) (finding that IRS

lawfully exercised discretion to withhold street addresses pursuant to 26 U.S.C. § 6103(m)(1)); Long v. IRS, 891 F.2d 222, 224 (9th

Cir. 1989) (holding that deletion of taxpayers' identification does not alter confidentiality of § 6103 information); DeSalvo v. IRS,

861 F.2d 1217, 1221 (10th Cir. 1988); Grasso v. IRS, 785 F.2d 70, 77 (3d Cir. 1986); Long v. IRS, 742 F.2d 1173, 1179 (9th Cir.

1984); Ryan v. ATF, 715 F.2d 644, 645 (D.C. Cir. 1983); Currie v. IRS, 704 F.2d 523, 527-28 (11th Cir. 1983); Willamette Indus. v.

United States, 689 F.2d 865, 867 (9th Cir. 1982); Barney v. IRS, 618 F.2d 1268, 1274 n.15 (8th Cir. 1980) (dictum); Chamberlain v.

Kurtz, 589 F.2d 827, 843 (5th Cir. 1979).

5 Meeropol v. Smith, No. 75-1121, slip op. at 53-55 (D.D.C. Feb. 29, 1984), aff'd in relevant part & remanded in part sub nom.

Meeropol v. Meese, 790 F.2d 942 (D.C. Cir. 1986). But see General Elec. Co. v. NRC, 750 F.2d 1394, 1401 (7th Cir. 1984)

(concluding that provision concerning technical information furnished by license applicants lacked sufficient specificity to qualify as

Exemption 3 statute).

6 Founding Church of Scientology v. NSA, 610 F.2d 824, 828 (D.C. Cir. 1979); Hayden v. NSA, 452 F. Supp. 247,252 (D.D.C.

1978), aff'd, 608 F.2d 1381 (D.C. Cir. 1979).
7 CIA v. Sims, 471 U.S. 159, 167 (1985); see also Minier v. CIA, 88 F.3d 796, 801 (9th Cir. 1996) (finding that agency properly

refused to confirm or deny existence of records concerning deceased person's alleged employment relationship with CIA); Maynard

v. CIA, 986 F.2d 547, 554 (1st Cir. 1993) (stating that under § 403(d)(3) it is responsibility of Director of CIA to determine whether

sources or methods should be disclosed); Krikorian v. Department of State, 984 F.2d 461, 465 (D.C. Cir. 1993) (same); Fitzgibbon v.

CIA, 911 F.2d 755, 761 (D.C. Cir. 1990) (same); Hunt v. CIA, 981 F.2d 1116, 1118 (9th Cir. 1992) (upholding agency's "Glomar"

response to request on foreign national, because acknowledgement of any records would reveal sources and methods); Knight v.

CIA, 872 F.2d 660, 663 (8th Cir. 1989) (same); Levy v. CIA, No. 95-1276, slip op. at 14-17 (D.D.C. Nov. 16, 1995) (same), aff'd,

No. 96-5004 (D.C. Cir. Jan. 15, 1997); Roman v. Dailey, No. 97-1164, 1998 U.S. Dist. LEXIS 6708, at **10-11 (D.D.C. May 11,

1998) (concluding that agency properly refused to confirm or deny existence of records pertaining to agency personnel and spy

satellite programs); Blazy v. Tenet, 979 F. Supp. 10, 23-24 (D.D.C. 1997) (protecting intelligence sources and methods located in

requester's personnel file), summary affirmance granted, No. 97-5330 (D.C. Cir. May 12, 1998); Andrade v. CIA, No. 95-1215,

1997 WL 527347, at **3-5 (D.D.C. Aug. 18, 1997) (holding intelligence methods used in assessing employee fitness protectible);

Earth Pledge Found. v. CIA, 988 F. Supp. 623, 627 (S.D.N.Y. 1996) (finding agency's "Glomar" response proper because

acknowledgement of records would generate "danger of revealing sources"), aff'd per curiam, 128 F.3d 788 (2d Cir. 1997)

(unpublished table decision); Campbell v. United States Dep't of Justice, No. 89-CV-3016, 1996 WL 554511, at *6 (D.D.C. Sept.

19, 1996) ("CIA director is to be afforded ‘great deference’ by courts determining the propriety of nondisclosure of intelligence

sources"); cf. Linder v. DOD, 133 F.3d 17, 25 (D.C. Cir. 1998) ("[C]ourts must give `great deference' to the Director of Central

Intelligence's determination that a classified document could reveal intelligence sources and methods and endanger national

security.") (non-FOIA case).

8 Minier, 88 F.3d at 801; Roman, 1998 U.S. Dist. LEXIS 6708, at **10-11; Blazy, 979 F. Supp. at 23-24; Earth Pledge Found., 988

F. Supp. at 627-28; Campbell, 1996 WL 554511, at *6; Kronisch v. United States, No. 83-2458, 1995 WL 303625, at **4-6

(S.D.N.Y. May 18, 1995); Hunsberger v. CIA, No. 92-2186, slip op. at 3 (D.D.C. Apr. 5, 1995); Rothschild v. CIA, No. 91-1314,

1992 WL 71393, at *2 (D.D.C. Mar. 25, 1992); Lawyers Comm. for Human Rights v. INS, 721 F. Supp. 552, 567 (S.D.N.Y. 1989);

Pfeiffer v. CIA, 721 F. Supp. 337, 341-42 (D.D.C. 1989).

9 Armstrong v. Executive Office of the President, No. 89-142, slip op. at 30-35 (D.D.C. July 28, 1995) (protecting information from

export license application under Export Administration Act as Exemption 3 statute even though statute had lapsed and its provisions

were extended by executive order); Africa Fund v. Mosbacher, No. 92 Civ. 289, 1993 WL 183736, at *6 (S.D.N.Y. May 26, 1993)

(holding that Export Administration Act protection applied to agency denial made after Act expired and before subsequent

reextension); Lessner v. United States Dep't of Commerce, 827 F.2d 1333, 1336-37 (9th Cir. 1987) (construing statute as effective in

1987).

Item V.

Initial FOIA/PA Access Requests

A. Numbers of initial requests.

1. Number of requests pending as of end of preceding

fiscal year (1 Oct 97):

8,804

2. Number of requests received during current fiscal year

(FY 1998):

107,627

3. Number of requests processed during current fiscal year

(FY 1998):

106,191

4. Number of requests pending as of end of current fiscal

year (30 Sep 98):

10,240

B. Disposition of initial requests.
1. Number of grants: 65,164

2. Number of partial grants: 9,998

3. Number of denials: 2,065

a. Number of times each FOIA exemption used (counting each

exemption once per request).

(1) Exemption 1: 1,370

(2) Exemption 2: 970

(3) Exemption 3: 1,177

(4) Exemption 4: 1,259

(5) Exemption 5: 2,216

(6) Exemption 6: 5,810

(7) Exemption 7(A): 419

(8) Exemption 7(B): 52

(9) Exemption 7(C): 3,468

(10) Exemption 7(D): 735

(11) Exemption 7(E): 295

(12) Exemption 7(F): 742

(13) Exemption 8: 0

(14) Exemption 9: 0

4. Other reasons for nondisclosure (total):

a. No records: 9,126

b. Referrals: 9,809

c. Request withdrawn: 2,741

d. Fee-related reason: 1,425

e. Records not reasonably described: 4,425

f. Not a proper FOIA request for some other reason: 1,949

g. Not an agency record: 1,922

h. Duplicate request: 1,678

i. Other (specify*): 253

* Note: See table later.

Item VI.

Appeals of Initial Denials of FOIA/PA Requests

A. Numbers of appeals.
1. Number of appeals received during fiscal

year (FY 1998):

1,096

2. Number of appeals processed during fiscal

year (FY 1998):

1,098

B. Disposition of appeals.

1. Number denied in full: 647

2. Number denied in part: 118

3. Number completely reversed (granted): 38

a. Number of times each FOIA exemption used (counting each

exemption once per appeal).

(1) Exemption 1: 88

(2) Exemption 2: 44

(3) Exemption 3: 62

(4) Exemption 4: 38

(5) Exemption 5: 200

(6) Exemption 6: 270

(7) Exemption 7(A): 58

(8) Exemption 7(B): 4

(9) Exemption 7(C): 107

(10) Exemption 7(D): 13

(11) Exemption 7(E): 9

(12) Exemption 7(F): 5

(13) Exemption 8: 0

(14) Exemption 9: 0

4. Other reasons for nondisclosure (total):

a. No records: 98

b. Referrals: 60

c. Request withdrawn: 112

d. Fee-related reason: 19

e. Records not reasonably described: 7

f. Not a proper FOIA request for some other 18
reason:

g. Not an agency record: 0

h. Duplicate request: 4

i. Other (specify*): 6

* Note: See table later.

Item VII.

Compliance With Time Limits/Status of Pending Requests

A. Median processing time for requests processed during the year (FY 1998).

1. Simple requests.

a. Number of requests processed: 85,964

b. Median number of days to process: 16

2. Complex requests.

a. Number of requests processed: 17,907

b. Median number of days to process: 39

3. Requests accorded expedited processing

a. Number of requests processed: 2,320

b. Median number of days to process: 2.5

B. Status of pending requests (as of: 30 Sep 98).

1. Number of requests pending: 10,240

2. Median age of above cases in days: 73

Item VIII.

Comparison With Previous Year

(Optional, Not Used)

Item IX.

Costs/FOIA Staffing

A. Staffing levels (expressed in work years).
1. Number of full-time FOIA personnel: 285.57

2. Number of personnel with part-time or

occasional FOIA duties:

520.35

3. Total number of personnel: 805.92

B. Total costs (including staff and all resources).

1. FOIA processing (including appeals): $39,086,264.90

2. Litigation-related activities (estimated): $499,424.07

3. Total costs: $39,585,.688.97

Item X.

Fees

A. Total amount of fees collected by the agency for

processing requests:

$689.154.55

B. Percentage of total costs: 1.7

Item XI.

FOIA Regulations (Including Fee Schedule)

A. The Department of Defense (DoD) Freedom of Information Act Program Regulation, DoD

5400.7-R, September 4, 1998, which provides guidance regarding administration of the Freedom of

Information Act (FOIA) Program within the Department of Defense (DoD), can be found at:

http://www.dtic.mil/whs/directives/corres/html/54007.htm

B. The Fee Schedule is Chapter 6 of the above regulation.

C. Additional Department of Defense FOIA documents and hyperlinks, including a copy of

this report in portable document file format, can be found by accessing the following

Universal Resource Locator (URL):

http://www.defenselink.mil/pubs/foi/

While not required, the tables on the pages that follow provide additional

information for DoD components.
FREEDOM OF INFORMATION ACT

ANNUAL REPORT

FISCAL YEAR 1998

(Report Period: October 1, 1997 through September 30, 1998)

EXECUTIVE SUMMARY

During the report period, fiscal year (FY) 1998, a total of 106,191 public

requests for records under the Freedom of Information Act (FOIA) were

completed by the Department of Defense (DoD). In the processing of these

cases, the Department of Defense fully denied 2,065 and partially denied

9,998 out of 106,191 requests on the basis of FOIA exemptions. Of those

exemptions, 7% were for classified information; 5% for internal rules and

practices; 6% for statutory exemptions; 7% for proprietary data; 12% for

deliberative material; 31% for privacy information; and 32% for law

enforcement investigations. Thirty-three thousand two hundred twenty five

(33,225) requests could not be filled in whole or in part for other reasons,

such as lack of records, referral to another agency, or lack of specificity

sufficient to identify the requested records. There were 1,098 actions taken

on appeals of denied requests (38 granted, 118 partially denied, 647 fully

denied, and 305 not filled for other reasons, as mentioned earlier).

The total DoD operating cost associated with the processing of requests

during this report period was $39,585,688.97. The average cost of

processing a single case during this period was approximately $372.78. Fee

collections for records provided to the public amounted to $689,154.55.
Table for Item V.A.

Numbers of Initial Requests

Component

Number

Pending

1-Oct-97

Number

Received

FY 1998

Total

Processed

FY 1998

Number

Pending

30-Sep-98

OSD/JS 1,511 3,483 3,217 1,777

Dept Army 1,832 36,306 35,700 2,438

Dept Navy 1,399 23,066 23,411 1,054

Dept Air Force 1,030 19,280 18,803 1,507

DCAA 17 159 155 21

DFAS 54 11,071 11,021 104

DIA 1,109 1,313 641 1,781

DSS 14 160 143 31

DISA 42 570 525 87

DLA 934 10,605 10,945 594

DTRA 109 275 235 149

NIMA 24 205 185 44

NRO 37 105 100 42

NSA/CSS 587 621 668 540

OIG, DOD 105 408 442 71

DOD Totals 8,804 107,627 106,191 10,240

Note: The fiscal year (FY) period covered by this report is FY 1998, 

1 October 1997 through 30 September 1998.
Table for Item V.B.

Disposition of Initial Requests

Component

Total

Requests

Granted

in Full

Denied

in Part

Denied

in Full Other

Total

Actions*

OSD/JS 3,217 1,256 451 65 1,666 3,438

Dept Army 35,700 23,246 3,118 501 10,977 37,842

Dept Navy 23,411 13,598 3,641 571 7,085 24,895

Dept Air

Force 18,803 8,615 1,772 543 7,873 18,803

DCAA 155 72 18 5 60 155

DFAS 11,021 7,544 12 7 3,458 11,021

DIA 641 183 355 103 220 861

DSS 143 56 31 12 44 143

DISA 525 297 25 8 218 548

DLA 10,945 9,870 173 46 972 11,061

DTRA 235 60 36 8 137 241

NIMA 185 104 7 6 68 185

NRO 100 36 12 15 38 101

NSA/CSS 668 180 120 117 299 716

OIG, DOD 442 47 227 58 110 442

DOD Totals 106,191 65,164 9,998 2,065 33,225 110,452

* Please Note: 1. More than one action can be taken on each Initial

Request.

2. Multiple "Other" actions can be taken on a single

Initial Request. See page 19, " Other Reasons Cited

on Initial Determinations for Nondisclosure."
Table for Item V.B.3.

Exemptions Invoked on Initial Requests

Component

Exemptions by Number (5 U.S.C. §552(b))

(1) (2) (3) (4) (5) (6) (7)(A) (7)(B) (7)(C) (7)(D) (7)(E) (7)(F) (8) (9) Total*

OSD/JS 234 44 72 62 81 186 12 0 11 1 0 0 0 0 703

Dept Army 396 474 215 526 821 1,958 14 18 967 535 237 2 0 0 6,163

Dept Navy 170 157 178 381 474 2,277 188 27 775 52 14 688 0 0 5,381

Dept Air

Force 147 115 201 182 746 1,040 84 7 1,433 133 24 52 0 0 4,164

DCAA 3 0 1 4 3 8 6 0 0 0 0 0 0 0 25

DFAS 0 3 2 8 6 15 5 0 1 0 1 0 0 0 41

DIA 193 137 68 4 1 108 0 0 0 0 0 0 0 0 511

DSS 3 8 0 3 12 28 1 0 7 0 0 0 0 0 62

DISA 1 0 7 19 1 5 0 0 0 0 0 0 0 0 33

DLA 0 21 38 39 47 81 11 0 62 5 15 0 0 0 319

DTRA 16 1 26 14 5 9 0 0 0 0 0 0 0 0 71

NIMA 2 0 4 4 3 6 1 0 0 1 0 0 0 0 21

NRO 16 0 15 2 0 4 0 0 0 0 0 0 0 0 37

NSA/CSS 185 8 348 6 10 21 0 0 0 0 0 0 0 0 578

OIG, DOD 4 2 2 5 6 64 97 0 212 8 4 0 0 0 404

DOD

Totals 1,370 970 1,177 1,259 2,216 5,810 419 52 3,468 735 295 742 0 0 18,513

Percent of

Total 7% 5% 6% 7% 12% 31% 2% 0% 19% 4% 2% 4% 0% 0% 100%

* Please note:

1. More than one exemption may be used to deny information on any single request.

2. Rounded to nearest whole percentage point which is sometimes zero, 0%.

3. Due to rounding, the percentages on the bottom of the page add up to 99%, not 100%.

Collectively, the various law enforcement exemptions round, 7(A) through 7(F) round

up to 32%.
Table for Item V.B.4.

Other Reasons Cited on Initial Determinations for Nondisclosure

Component

Category*

1 2 3 4 5 6 7 8 9 Total

OSD/JS 408 849 240 32 66 19 4 47 3 1,668

Dept Army 3,258 3,465 824 877 652 317 1,433 198 0 11,024

Dept Navy 1,912 2,764 953 212 375 352 157 254 106 7,085

Dept Air

Force 2,454 2,110 439 126 2,188 179 237 80 60 7,873

DCAA 22 29 2 0 5 2 0 0 0 60

DFAS 334 32 2 5 1,013 1,014 43 1,000 15 3,458

DIA 129 75 0 0 11 5 0 0 0 220

DSS 20 7 7 5 0 3 2 0 0 44

DISA 45 119 29 14 9 0 1 1 0 218

DLA 327 197 186 50 66 28 33 85 0 972

DTRA 37 79 8 8 0 0 5 0 0 137

NIMA 13 1 9 28 19 2 7 6 2 87

NRO 29 2 1 0 2 4 0 0 0 38

NSA/CSS 120 35 25 41 15 24 0 7 67 334

OIG, DOD 18 45 16 27 4 0 0 0 0 110

DOD Totals 9,126 9,809 2,741 1,425 4,425 1,949 1,922 1,678 253 33,328

Note: See Item III., Definitions of Terms and Acronyms Used In Report, for

definitions of categories below:

1. No records.

7. Not an Agency

Record.

2. Referrals. 8. Duplicate Request.

3. Withdrawn.

9. Other (See next

page).

4. Fee-Related Reason

5. Records not Reasonably Described.

6. Not a proper FOIA Request for Some Other

Reason.
Table for Item V.B.4. Supplemental

“Specific” Other Reasons Cited on Initial Determinations for Nondisclosure

Component

Other Specific Reason*

Total

Electronic

Referral

Insufficient

Address

Lacked

3d

Party

Waiver

Publicly

Sold

Document

Direct

NPRC

Referral

NonAttributionImproper

Referrals

Not

Agency

Issue

OSD/JS 3 3

Dept Navy 23 20 42 4 17 106

Dept Air

Force 12 48 60

DFAS 12 3 15

NIMA 2 2

NSA/CSS 61 6 67

DOD

Totals 23 27 112 20 42 6 4 19 253

Note: See Definition of terms on the following page.

Item V. B. 4. Supplemental (Continued)

"Specific" Other Reasons Cited on Initial Determinations for Nondisclosure Explained

Electronic Referral: Requested information available on Internet and the requester was

apprised of the Internet address.

Insufficient Address: The requester provided an insufficient or inaccurate address and

could not be contacted.

Lacked 3d Party Waiver: A third party (e.g., an attorney) making a request on behalf of

someone else failed to provide an authorization from the requester which would allow the

third party access to the requesterÕs records.

Publicly Sold Document: Requested material was available through cash sales and the

requester was advised how to purchase.

Direct NPRC Referral: Requested concerned military service records of former service

members. Requests were returned to the requester along with blank a form SF-180 and

suggestion that they complete the form and submit directly to the National Personnel

Records Center (NPRC) of the National Archives and Records Administration (NARA), St.

Louis, MO.

Non-Attribution: The agencyÕs involvement in a referral action would itself compromise

national security matters which are properly classified.

Improper Referrals: Referrals were returned to the referring agency/activity without action
for correction because they were incorrect or incomplete. Not Agency Issue: Requested

documents did not pertain to the agency.
Table for Item VI.A.

Numbers of Appeals

Component

Received

FY 1998

Total

Processed

OSD/JS 99 72

Dept Army 265 92

Dept Navy 263 449

Dept Air Force 245 319

DCAA 14 14

DFAS 8 5

DIA 48 28

DSS 7 7

DISA 1 1

DLA 24 23

DTRA 8 9

NIMA 3 2

NRO 5 3

NSA/CSS 63 49

OIG, DOD 43 25

DOD Totals 1,096 1,098
Table for Item VI.B.

Disposition of Appeals

Component

Total

Requests

Granted

in Full

Denied

in Part

Denied

in Full Other

Total

Actions*

OSD/JS 72 11 16 7 39 73

Dept Army 92 2 0 86 4 92

Dept Navy 449 10 41 217 187 455

Dept Air Force 319 10 30 270 9 319

DCAA 14 0 1 9 4 14

DFAS 5 0 2 2 1 5

DIA 28 2 12 10 4 28

DSS 7 0 3 4 0 7

DISA 1 0 0 0 1 1

DLA 23 2 3 6 14 25

DTRA 9 1 2 2 4 9

NIMA 2 0 1 1 0 2

NRO 3 0 0 1 2 3

NSA/CSS 49 0 1 16 33 50

OIG, DOD 25 0 6 16 3 25

DOD Totals 1,098 38 118 647 305 1,108

* Please

Note:

1. More than one action can be taken on each Appeal. 

2. Multiple "Other" actions can be taken on a single Appeal. See later, "Other Reasons Cited on

Appeal Determinations for Nondisclosure."
Table for Item VI.B.3.

Exemptions Invoked on Apeal Denials

Component

Exemptions by Number (5 U.S.C. §552(b))

(1) (2) (3) (4) (5) (6) (7)(A) (7)(B) (7)(C) (7)(D) (7)(E) (7)(F) (8) (9) Total*

OSD/JS 8 2 2 0 4 13 2 0 0 0 0 0 0 0 31

Dept Army 2 11 4 3 43 40 31 0 0 0 0 0 0 0 134

Dept Navy 10 4 5 10 55 110 15 0 49 4 4 0 0 0 266

Dept Air

Force 37 7 19 21 94 96 2 3 34 5 3 4 0 0 325

DCAA 0 0 0 0 2 2 6 0 0 0 0 0 0 0 10

DFAS 0 0 0 0 1 3 0 0 0 0 0 0 0 0 4

DIA 20 18 14 0 0 9 0 0 0 0 0 0 0 0 61

DSS 1 2 0 0 2 2 0 1 2 0 0 0 0 0 10

DISA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

DLA 0 1 1 4 0 1 1 0 1 0 0 0 0 0 9

DTSA 1 0 2 0 0 1 0 0 0 0 0 0 0 0 4

NIMA 0 0 1 0 1 1 0 0 1 1 0 0 0 0 5

NRO 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1

NSA/CSS 16 1 16 0 0 1 0 0 0 0 0 0 0 0 33

OIG, DOD 0 0 0 0 2 4 1 0 20 3 2 1 0 0 33

DOD

Totals 88 44 62 38 200 270 58 4 107 13 9 5 0 0 895

Percent of

Total 10% 5% 7% 4% 22% 30% 6% 0% 12% 1% 1% 1% 0% 0% 100%

* Please note: 1. More than one exemption may be used to deny information on

any single appeal.

2. Rounded to nearest whole percentage point which is

sometimes zero, 0%.

3. Due to rounding, the percentages on the bottom of the page

add up to 99%, not 100%. 
Table for Item VI.B.4.

Other Reasons Cited on Appeal Determinations for Nondisclosure 

Component

Category*

1 2 3 4 5 6 7 8 9 Total

OSD/JS 16 13 12 0 0 0 0 2 0 43

Dept Army 16 0 1 0 0 0 0 0 0 17

Dept Navy 23 39 93 8 6 16 0 2 0 187

Dept Air

Force 6 1 1 1 0 0 0 0 0 9

DCAA 2 4 0 0 0 0 0 0 0 6

DFAS 0 0 0 1 0 0 0 0 0 1

DIA 4 0 0 0 0 0 0 0 0 4

DSS 0 0 0 0 0 0 0 0 0 0

DISA 1 0 0 0 0 0 0 0 0 1

DLA 7 3 4 0 0 0 0 0 0 14

DTRA 3 0 0 1 0 0 0 0 0 4

NIMA 0 0 0 0 0 0 0 0 0 0

NRO 2 0 0 0 0 0 0 0 0 2

NSA/CSS 17 0 0 8 0 2 0 0 6 33

OIG, DOD 1 0 1 0 1 0 0 0 0 3

DOD Totals 98 60 112 19 7 18 0 4 6 324

Note: See Item III., Definitions of Terms and Acronyms Used In

Report, for definitions of categories below:

1. No records. 7. Not an Agency Record.

2. Referrals. 8. Duplicate Request.

3. Withdrawn. 9. Other: Appeal not submitted

within required time frame - 5

instances. Request for expedited

processing of Appeal rejected - 1

instance.

4. Fee-Related Reason

5. Records not Reasonably

Described.

6. Not a proper FOIA Request for

Some Other Reason.
Table for Item VII.A.

Median Processing Times for Initial Requests Processed During the Year

Component

Total

Requests

Simple

Requests

Simple

Median Age

Complex

Requests

Complex

Median Age

Expedited

Requests

Expedited

Median Age

OSD/JS 3,217 2,916 16 280 18 21 7

Dept Army 35,700 27,595 16 7,624 41 481 10

Dept Navy 23,411 18,021 16 4,221 61 1,169 2

Dept Air Force 18,803 15,027 14 3,222 100 554 3

DCAA 155 97 35 58 72 0 0

DFAS 11,021 10,814 72 150 120 57 3

DIA 641 177 12 444 240 20 5

DSS 143 7 10 133 50 3 7

DISA 525 373 14 152 70 0 0

DLA 10,945 9,685 11 1,259 30 1 17

DTRA 235 54 15 181 76 0 0

NIMA 185 101 32 84 143 0 0

NRO 100 54 9 45 59 1 22

NSA/CSS 668 644 37 14 939 10 19

OIG, DOD 442 399 60 40 217 3 43

DOD Totals 106,191 85,964 16 17,907 39 2,320 2.5

Note: The number of calendar days, not work days, elapsed between the date requests were perfected and

completed is reflected in the above median calculations.
Table for Item VII.B.

Status of Pending Requests

Component

End Report Period

30 September 1998

Number

Pending

Median

Age

OSD/JS 1,777 597

Dept Army 2,438 39

Dept Navy 1,054 30

Dept Air Force 1,507 79

DCAA 21 90

DFAS 104 68

DIA 1,781 648

DSS 31 60

DISA 87 121

DLA 594 40

DTRA 149 154

NIMA 44 92

NRO 42 617

NSA/CSS 540 624

OIG, DOD 71 50

DOD Totals 10,240 73

Note: The number of calendar days, not work days,

elapsed between the date requests were

perfected and the date indicated (30 September

1998) is reflected in the above median

calculations.
Table for Item IX.

FOIA Staffing/Costs

Component

FullTime

Personnel

PartTime

Personnel

Total 

Personnel

FOIA

Processing

Cost

Litigation

Cost

Total 

Program Cost

OSD/JS 15.16 30.4 45.56 $2,526,045.24 $36,413.63 $2,562,440.27

Dept Army 89.57 128.89 218.46 $10,826,432.45 $156,469.00 $10,982,901.45

Dept Navy 78 248 326 $13,592,096.00 $211,725.00 $13,803,821.00

Dept Air

Force 37.8 90.25 128.05 $6,574,568.00 $5,000.00 $6,579,568.00

DCAA 0 2.25 2.25 $156,222.17 $1,000.00 $157,222.17

DFAS 14.29 8.91 23.2 $1,049,172.30 $3,000.00 $1,052,172.30

DIA 5 0 5 $346,656.00 $5,000.00 $351,656.00

DSS 2 0.5 2.5 $80,767.00 $0.00 $80,767.00

DISA 0 2.83 2.83 $227,137.81 $0.00 $227,137.81

DLA 11.9 6.02 17.92 $1,041,487.00 $0.00 $1,041,487.00

DTRA 4 1 5 $417,847.00 $0.00 $417,847.00

NIMA 3.6 0.2 3.8 $267,456.68 $4,383.44 $271,840.12

NRO 4.25 0.5 4.75 $393,506.00 $4,317.00 $397,823.00

NSA/CSS 15.9 0.6 16.5 $1,197,447.75 $72,116.00 $1,269,563.75

OIG, DOD 4.1 0 4.1 $389,442.10 $0.00 $389,442.10

DOD

Totals 285.57 520.35 805.92 $39,086,258.05 $499,424.07 $39,585,688.97
Department of Defense

DOD Freedom of

Information Act

Handbook

Directorate for

Freedom of Information

and Security Review
“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 within 60 days.

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

FOIA Division

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

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