WHAT YOU NEED TO KNOW TO MAKE FREEDOM 

OF INFORMATION ACT (FOIA) REQUESTS 

PREPARED BY:

UNITED STATES SPECIAL OPERATIONS COMMAND 

CHIEF FOIA/PRIVACY ACT/CIVIL LIBERTIES 

MACDILL FORCE BASE, FLORIDA 33621-5323 
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HISTORY 

In October 1986, Congress mandated the creation of United States Special Operations 

Command (USSOCOM) in response to significant joint operational failures and the need 

to address the unconventional threats posed by a world of increasing complexity. Since 

activation on April 16, 1987, USSOCOM has responded to our Nation’s call. Special 

operations have been conducted across the entire spectrum of conflict in support of 

conventional forces and as independent missions in support of national security interests. 

USSOCOM and SOF have played significant roles in all recent operations including SOF 

helicopter and special boat operations in the Persian Gulf during EARNEST WILL (1987-

89); coalition warfare, special reconnaissance, direct action, and SCUD hunting during 

DESERT STORM (1991); urban warfare during UNOSOM II in Somalia (1993); peace 

enforcement operations in Haiti (1994-95); noncombatant evacuations operations around 

the world (1992-Present); peacekeeping operations in Bosnia-Herzegovina (1995-Present); 

operations in Kosovo (1999-Present); Operations IRAQI FREEDOM and NEW DAWN 

(2003-2011); full spectrum operations in support of OPERATION ENDURING 

FREEDOM (2001-present); humanitarian, disaster relief operations such as 

TOMODACHI after the tsunami in Japan, UNIFIED PROTECTION in Libya, the opensea rescue of the Maersk Alabama with 54 hostages from Somali pirates (2011) as well as 

the rescue of American and Danish aide workers from Somali captures (2012). 

USSOCOM played a pivotal role in taking down Osama bin Laden during OPERATION 

NEPTUNE’S SPEAR (2011), and continues the pursuit of terrorist organizations in many 

more operations yet to be declassified for release. 

The events of September 11, 2001 had a profound impact on USSOCOM and its role in 

the national security of the United States. From that day on, the role of USSOCOM has 

grown in breadth, complexity and global engagement. In the last decade, the enemy has 

become more elusive and agile; hiding in the shadows amongst the general population of 

failing nation-states and other remote regions of the globe. They use the internet and other 

overt communication to piece together violent extremist organizations and avoid detection 

while attempting to plan and execute attacks. The capabilities, budget and deployed 

footprint of SOF have grown as well since 2001, allowing USSOCOM to maintain a 

continuous comparative advantage over our enemies and defeat terrorist networks that 

threaten the security and interests of the United States and our allies. Also during this era, 

technology advances and greater global economic interdependence have made the world 

seem smaller. This new global terrain favors the unique capabilities of SOF in order to 

achieve national objectives of today and the foreseeable future. In the January 2012 

National Defense Strategy, the President and the Secretary of Defense both called for a 

shift away from the use of large conventional forces towards a force that was “agile, 

flexible, and ready for the full range of contingencies and threats.” This shift in defense 

strategy reflects the evolving threat environment and the reality of tightening fiscal 
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constraints that the Department of Defense will face in coming years. In many ways, this 

defense strategy paradigm shift advocates a military force with the same characteristics 

that make SOF so efficient and effective. As the Department faces new challenges during 

a period of fiscal constraints, USSOCOM will continue to effectively and efficiently 

allocate its resources to meet the global operational demands for SOF and prosecute the 

current fight while preserving its most important asset— its people. 

USSOCOM HIERARCHY 

INTRODUCTION

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

requests for United States Special Operations Command (USSOCOM) records. It will get 

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

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

intended to be definitive or exhaustive. 

US Special 

Operations 

Command 

Components

US Army Special 

Operations 

Command

US Navy Special 

Operations 

Command

US Air Force 

Special Operations 

Command

Marine Corps 

Special Operations 

Command

Subunified 

Commands

Special Operations 

Command South

Special Operations 

Command North

Special Operations 

Command Pacific

Special Operations 

Command Korea

Special Operations 

Command Africa

Special Operations 

Command Europe

Special Operations 

Command Central

Joint Special 

Operations 

Command
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REFERENCES

1. Title 5, United States Code (U.S.C.), Section 552, as Amended 

2. Executive Order 13392, December 2005, Improving Agency Disclosure of 

Information 

3. Department of Defense (DOD) Directive 5400.7, DOD Freedom of Information Act 

(FOIA) Program 

4. DOD 5400.7-R, DOD Freedom of Information Act Program 

FOIA HISTORY

The FOIA, Title 5, U.S.C., Section 552, as Amended, was signed into law on 4 July 1966 

to provide the fullest possible disclosure of information to the public. Key concerns of the 

FOIA include: 

1. All individuals have equal rights of access, while ensuring that information essential for 

adversaries to plan, prepare, or conduct terrorist or related hostile operations against the 

United States is denied. 

2. The burden is on the Government to justify the withholding of a document, not on the 

person who requests it. 

3. An individual denied access to documents has a right to seek relief in the courts. 

The FOIA was amended in 1974 to encourage more disclosure than the original statute 

allowed, in 1986 to strengthen the language for investigations and establish various 

categories of requesters for the purpose of fee assessments, and in 1996 to align the 

original statute with technology. 

DOD AND USSOCOM POLICY

For FOIA purposes, USSOCOM, a combatant command, is under responsibility of the 

DOD program which is directed and administered by the Office of the Deputy Chief 

Management Officer. USSOCOM is a designated DOD component, operates a FOIA 

Requester Service Center (RSC), and responds directly to requests for USSOCOM 

records. The USSOCOM RSC may be found on the World Wide Web (WWW) at 

http://www.socom.mil and click on “FOIA” at the bottom of the page under “USSOCOM 

Links”. 

FOIA REQUESTS

Any “person” (a member of the public [U.S. or foreign citizen/entity], an organization, or a 

business, but not including a Federal agency or fugitive from the law), can file a FOIA 

request. The FOIA’s scope includes Federal Executive Branch departments, agencies, and 

offices; Federal regulatory includes 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, likewise, are not subject to the FOIA, but some states 
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have their own equivalent access laws for state records. At USSOCOM, you may expect 

to find policy and planning information for the Defense Transportation System. FOIA 

requests for USSOCOM records should be addressed to: 

USSOCOM 

ATTN: SOCS-SJS-VI/FOIA Requester Service Center 

7701 Tampa Point Blvd 

MacDill AFB, FL 33527-5323 

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

letter. State your willingness to pay applicable fees. If you request a fee waiver, provide 

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, date of creation, originator, etc.); or the request contains 

enough event-related information (date and circumstances surrounding the event the record 

covers) to permit an organized, non-random search. Requests by electronic mail (e-mail) 

to FOIA@SOCOM.MIL and facsimile (fax) to 813-826-5482, are also acceptable. A 

sample request letter is at Attachment 1. 

RECORDS

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 possession and control of the originating 

office at the time the FOIA request is made. The following are not included within the 

definition of the word “record.” 

1. Objects or articles such as structures, furniture, vehicles, and equipment, whatever their 

historical value or value as evidence. 

2. Anything that is not a tangible or documentary record, such as an individual’s memory 

or oral communication. 

3. Personal records of an individual not subject to agency creation or retention 

requirements, created and maintained primarily for the convenience of an agency 

employee, and not distributed to other agency employees for their official use. 

The FOIA does not require USSOCOM to answer questions, render opinions, or provide 

subjective evaluations. A FOIA request must ask for existing records, such as those 

mentioned above. For the purpose of the FOIA, the definition of an “Electronic Record” 

is: Records (including e-mail) that are created, stored, and retrieved by electronic means. 

The FOIA requires that records created on or after 1 November 1966 be made available 

electronically, as well as in hard copy, in the FOIA reading room for inspection and 
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copying, unless such records are published and copies are offered for sale. 

REASONS FOR NOT RELEASING A RECORD

1. No Records. A reasonable search of files failed to identify responsive records. 

2. Referrals. The request is transferred to another DOD component, or to another 

Federal agency. 

3. Request Withdrawn. The requester withdraws the request. 

4. Fee-Related. 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. 

5. Records not Reasonably Described. A record has not been described specifically 

enough to enable the DOD component to locate it by conducting a reasonable search. 

6. Not a Proper FOIA Request for Other Reason. The requester has failed unreasonably to 

comply with procedural requirements, other than fee-related, imposed by agency policy. 

7. Not an Agency Record. The information requested is not a record within the meaning 

of the FOIA and this handbook. 

8. Duplicate Request. The request is a duplicate request (a requester asks for the same 

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

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

9. Other (Specify). Any other reason a requester does not comply with published policy 

and procedures other than those outlined above. 

EXEMPTIONS

Records (or portions of records) will be released unless that release harms an interest 

protected by an exemption cited in the Freedom of Information Act at 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 the internal personnel rules and practices of the DoD or 

any of the DoD Components; 

•(b)(3)--records protected by another law that specifically exempts the information from 

public release; 
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•(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. 

RELEASE AND PROCESSING PROCEDURES

Generally, USSOCOM will endeavor to provide a final response determination within the 

statutory 20 working days (excluding weekends and holidays). If a significant number of 

requests or the complexity of the requests prevents a final response determination with the 

statutory time period, USSOCOM will advise the requester of this fact in an interim 

response and explain how the request will be responded to within its multi-track 

processing system. 

1. Multi-track Processing: When a response determination cannot be made within 20 

working days, requests are processed in a multi-track processing system, based on the date 

of receipt, the amount of work and time involved in processing the requests, and whether 

the request qualifies for expedited processing. DOD components must establish three 

processing tracks all based on a first-in, first-out concept, and rank ordered by the date of 

receipt of the request. One track shall be a processing queue for simple requests, one track 

for complex requests, and one track for expedited processing. Each DOD component has 

the discretion of determining whether a request is simple or complex. 

2. Expedited Processing: Shall be granted a requester upon request and demonstration of 

a compelling need for the information. Notice of the determination as to whether to grant 

expedited processing in response to a requester’s compelling need shall be provided to the 

requester within 10 calendar days after receipt of the request that will determine whether to 

grant expedited processing. If expedited processing is granted, the request shall be 

processed as soon as practicable. 

(1) Compelling need means that the failure to obtain the records on an expedited basis 

could reasonably be expected to pose an imminent threat to the life or physical safety of an 

individual. 
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(2) Compelling need also means that the information is urgently needed by an individual 

primarily engaged in disseminating information in order to inform the public concerning 

actual or alleged Federal Government activity. 

(3) Urgently needed means that the information has a particular value that will be lost if 

not disseminated quickly. Ordinarily, this means a breaking news story of general public 

interest. 

(4) Other reasons for expedited processing are an imminent loss of substantial due process 

rights and humanitarian need.

APPEAL RIGHTS

If your FOIA request is initially denied in whole or in part under one or more of the FOIA 

exemptions or denied for some other reason, you will be advised of your appeal rights and 

the proper procedures for submitting the appeal. Appeals must be submitted within 60 

days to the Director of Administration and Management, Office of the Secretary of 

Defense, by writing directly to the OSD/Joint Staff Freedom of Information Division, 

ATTN” Appeals Office,1155 Defense Pentagon, Washington, DC 20301-1155. 

FEES

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 “disclosure of the information is in the public interest because 

it is likely to contribute significantly to the public’s understanding of the operations or 

activities of the Government.” Assessable fees are as listed on Department of Defense 

(DD) Form 2086. All requesters should submit a willingness to pay fees regardless of the 

fee category; however, this does not mean you will be charged fees. FOIA requires that 

requesters be placed into one of the following categories: 

(1) Commercial Requester: Refers to a request from, or on behalf of one who seeks 

information for a use or purpose that furthers the commercial, trade, or profit interest of the 

requester or the person on whose behalf the request is made. Fees shall be limited to 

reasonable standard charges for document search, review, and duplication. 

(2) Educational Institution Requester: Fees shall be limited to only reasonably standard 

charges for document duplication (excluding charges for the first 100 pages) when the 

request is made by an educational institution whose purpose is scholarly research. 

(3) Non-Commercial Scientific Institution Requester: Fees shall be limited to only 

reasonable standard charges for document duplication (excluding charges for the first 100 

pages) when the request is made by a non-commercial scientific institution whose purpose 

is scientific research. 
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(4) News Media Requester: Fees shall be limited to only reasonable standard charges for 

document duplication (excluding charges for the first 100 pages) when the request is made 

by a representative of the news media. 

(5) Other Requester: Requesters who do not fit into any of the categories described above, 

fees which recover the full direct cost of searching for and duplicating records, except that 

the first two hours of search time and the first 100 pages of duplication shall be furnished 

without charge. 

 KEITH F. KOMOSINSKI 

 Chief of FOIA/Privacy/Civil Liberties 

Attachment 

Sample FOIA Request Letter
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Attachment 

SAMPLE FOIA REQUEST LETTER

TO: United States Special Operations Command (date) 

ATTN: SOCS-SJS-VI/FOIA Requester Service Center 

7701 Tampa Point Blvd 

MacDill AFB, FL 33527-5323

Dear FOIA Officer, 

This is a request under the Freedom of Information Act (5 U.S.C. 552, as amended). I am 

requesting all records pertaining to [identify the subject and/or records as specifically as 

possible. Provide as much information as known to facilitate records search. 

For fee purposes, my status is: (a) Commercial, (b) Educational Institution, (c) Noncommercial Scientific Institution, (d) News Media [Give name of newspaper, magazine, 

television station, etc. and this request is made as part of news gathering and not for 

commercial use (e) Other. 

I am willing to pay fees for this request up to a maximum of [give dollar amount]. If fees 

exceed this amount, please notify me prior to proceeding with request. I request 

consideration for a fee waiver since disclosure of the information is in the public interest 

and will contribute significantly to public understanding of the operations or activities 

provide justification for consideration for fee waiver including details of how the requested 

information will be disseminated to the general public. 

Provide your full name, address, telephone number, e-mail address, and company name, as 

applicable. 

[Sign your request.]