1. Who can file a FOIA request?
2. Who is subject to FOIA and what type of information can be requested?
3. What is a record?
4. Can we ask questions under FOIA?
5. How do I file a FOIA request?
6. What are the reasons for not releasing a record?
7. Can I appeal a denial?
8. How long will it take for my request to be processed?
9. Do I have to pay for a FOIA request?

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 FOIA and what type of information can be requested?

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 FOIA. State and local governments are likewise not subject to Federal FOIA, but some states have their own equivalent access laws for state records.

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 U.S. Government under Federal law in connection with the transaction of public business and in DoD 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?

1. 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 or activity is likely to maintain the information you seek, you may call the Directorate for Freedom of Information and Security Review, DOD, at (703) 697-1160/1180, or Head, DON Privacy/FOIA Branch, Office of the Chief of Naval Operations (N-09B30), at (202) 685-6456.
2. State your willingness to pay applicable fees. If you seek a fee waiver, provide a justification for such a waiver.
3. 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, non-random search.

What are the reasons for not releasing a record?

1. A reasonable search of files failed to identify responsive records.
2. The requester is unwilling to pay fees associated with a request; the requester is delinquent in paying fees incurred in a previous FOIA request; or the requester disagrees with the fee estimate.
3. A record has not been described with sufficient particularity to enable the DoD Component to locate it by conducting a reasonable search.
4. The record is denied in whole or in part in accordance with the nine FOIA exemptions, cited in the Act as 5 U.S.C. § 552(b)(1) through (b)(9); the exemptions are:
   
   (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.

   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 calendar 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 calendar 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 receipt 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, DoD may need additional time to answer your request. 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?

   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 DoD. 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.
   • 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. The following factors are weighed in making a fee waiver determination:
   1. The informative value of the information to be disclosed.
   2. The significance of the contribution to public understanding.
   3. Disclosure of the information is not primarily in the commercial interest of the requester.