How to Access Government Records: The DoD FOIA Playbook

Last updated 5 months ago. Our resources are updated regularly but please keep in mind that links, programs, policies, and contact information do change.

The Freedom of Information Act (FOIA) gives anyone the right to request access to federal agency records. It doesn’t matter if you’re a U.S. citizen, foreign national, organization, or business – you can file a FOIA request.

This law (5 U.S.C. § 552) is foundational to American democracy, creating a legal pathway for the public to see how their government works. The principle that “any person” can request information is powerful – it means you don’t need special credentials or status to seek government records.

FOIA isn’t just for passive information gathering. It’s an active accountability tool. Congress notably strengthened the Act in 1974 after the Watergate scandal to force greater agency compliance with disclosure requirements.

This guide focuses specifically on requesting information from the Department of Defense, explaining your rights and giving you practical steps to navigate the process successfully.

The DoD’s Decentralized FOIA System

The Department of Defense doesn’t have one central FOIA office handling all requests. Instead, its FOIA program is highly decentralized. This means you must direct your request to the specific DoD component most likely to have the records you’re seeking.

Sending your request to a general DoD address or the wrong component will cause delays as it gets rerouted, or might even result in a “no records” response if it’s not properly forwarded.

This decentralized structure reflects the DoD’s vast operational reality. Different components generate and maintain distinct sets of records relevant to their specific missions. For example, Army personnel records are managed differently and by different offices than intelligence reports from the Defense Intelligence Agency.

The DoD includes these main types of components:

• Office of the Secretary of Defense (OSD) and Joint Staff (JS): Handle high-level policy, oversight, resource management, and strategic direction
• Military Departments: Army, Navy (which includes the Marine Corps), and Air Force (which includes the Space Force for many administrative matters)
• Combatant Commands (CCMDs): Joint commands responsible for military operations in specific regions (like CENTCOM, INDOPACOM) or functional areas (like SOCOM, CYBERCOM)
• Defense Agencies and DoD Field Activities (DAFAs): Specialized organizations providing specific services across the DoD, such as intelligence (DIA, NSA), logistics (DLA), contracting (DCAA, DCMA), finance (DFAS), and threat reduction (DTRA)

Understanding these categories helps determine where your desired records might be located within the DoD’s structure.

Before You File: Check What’s Already Public

Before investing time in drafting and submitting a formal FOIA request, check if the information you need is already publicly available. Many DoD components proactively publish frequently requested records and other information, as encouraged by both the FOIA itself and open government initiatives.

Electronic Reading Rooms and FOIA Libraries

Federal agencies must make certain categories of records available electronically in what’s often called an Electronic Reading Room (ERR) or FOIA Library. This requirement was strengthened by the 1996 Electronic FOIA amendments to increase transparency. Accessing these ERRs can give you immediate access to information without needing to file a request, pay fees, or wait for processing.

These ERRs typically include:

• Final opinions and orders made in case adjudications
• Policy statements and interpretations not published in the Federal Register
• Administrative staff manuals and instructions that establish policy affecting the public
• Records previously released under FOIA that are or will likely be requested again

Many DoD components maintain their own ERRs, including the Office of the Secretary of Defense/Joint Staff, Air Force, Defense Logistics Agency, Defense Threat Reduction Agency, Defense Intelligence Agency, U.S. Africa Command, U.S. Central Command, U.S. Space Command, U.S. Strategic Command, U.S. Special Operations Command, U.S. Transportation Command, Defense Contract Audit Agency, and the DoD Office of Inspector General.

Even if you don’t find the exact record you’re looking for in an ERR, browsing these collections can help you understand the types of records an agency maintains, how they’re described, and the agency’s general functions. This familiarity can help you draft a more specific and effective FOIA request if you still need to file one.

Other DoD Websites and Proactive Disclosures

Beyond formal ERRs, you can often find information on general DoD websites, through official publications, press releases, annual reports, and “news” or “reports” sections of component websites. For instance, the DoD Office of Inspector General posts many of its audit and evaluation reports online.

The broader “Open Government Initiative” encourages agencies to proactively share information beyond FOIA’s minimum requirements, making these general agency websites potentially rich sources of information.

Finding the Right DoD Component

Successfully navigating the DoD’s decentralized FOIA system depends on directing your request to the specific component that has the records you want. A component’s mission often dictates what types of records it creates and maintains.

For example, records about a specific Army unit’s deployment would logically be with the Department of the Army, while information about a defense contractor’s audit would fall under the Defense Contract Audit Agency (DCAA).

FOIA contact information and submission methods can change over time, with a trend toward centralized online submission portals. Always verify current contact details and preferred submission methods on the component’s official FOIA webpage or through the central FOIA.gov portal.

FOIA Public Liaisons can also help you identify the correct office if you’re unsure after looking at online resources.

Office of the Secretary of Defense and Joint Staff

The Office of the Secretary of Defense (OSD) is the principal staff element of the Secretary of Defense, involved in policy development, planning, resource management, and program evaluation. The Joint Staff supports the Chairman of the Joint Chiefs of Staff in strategic direction, operational planning, and command of combatant forces.

Types of records: Records related to high-level DoD policy, guidance from the Secretary or Deputy Secretary of Defense, oversight of military departments, joint operations planning, and records of specific defense agencies and DoD field activities under OSD/JS purview. This includes records from offices such as Acquisition and Sustainment (A&S), Comptroller (COMPT), Policy (USDP), Intelligence & Security (USDI&S), and public affairs records generated at the OSD level.

A detailed list of organizations supported by the OSD/JS FOIA office is available at https://www.esd.whs.mil/FOID/Submit-Request/.

OSD/JS FOIA Requester Service Center:

• Online Portal (Preferred): Submit via FOIA.gov (https://www.foia.gov/) or directly through the OSD/JS portal at https://pal.whs.mil/. The OSD/JS FOIA office’s primary webpage is https://www.esd.whs.mil/FOID/
• Mail/Courier: OSD/JS FOIA Requester Service Center, Freedom of Information Division, 1155 Defense Pentagon, Washington, DC 20301-1155
• Fax: (571) 372-0500
• Email: whs.mc-alex.esd.mbx.osd-js-foia-requester-service-center@mail.mil
• Phone for Questions: (866) 574-4970
• Public Liaison: Tonya Fuentes, (571) 372-0462, [email protected]

Important Note: The OSD/JS FOIA office only processes requests for records held by OSD, the Joint Staff, and the specific Defense Agencies and Field Activities listed on their website. It does not process requests for the entire DoD, nor for the military services or most combatant commands directly.

Military Departments

These are the traditional branches of the U.S. armed forces.

Department of the Army

Mission: Organizes, trains, and equips active duty, Reserve, and National Guard forces for land combat operations.

Types of records: Army personnel files (for veterans and current soldiers), unit histories, operational records from Army-specific missions, procurement and contracting records for Army systems, investigative records from Army Criminal Investigation Division (CID), etc.

Army FOIA Central Office: U.S. Army Freedom of Information Act Office, part of the Records Management and Declassification Agency (RMDA).

• Online Portal: The Army directs users to FOIA.gov to create requests. The RMDA website is a key resource, typically providing a “Submit a FOIA Request” link. The Army Human Resources Command handles many personnel-related FOIA requests.
• Mailing Address (RMDA): U.S. Army Freedom of Information Act Office, Records Management and Declassification Agency, 9301 Chapek Rd., Bldg 1458, Fort Belvoir, VA 22060-5605
• Email (RMDA): [email protected]
• Phone (RMDA Service Center): (571) 515-0306
• Public Liaison (RMDA): Andrica Dickerson (Acting), (571) 515-0306, [email protected]

Department of the Navy (includes U.S. Marine Corps)

Mission: Organizes, trains, and equips Navy and Marine Corps forces for maritime, amphibious, and expeditionary operations.

Types of records: Personnel files for Navy/Marine Corps veterans and active personnel, ship histories, operational records from naval/USMC missions, aviation records, contracting records, Naval Criminal Investigative Service (NCIS) investigative files.

DoN FOIA Central Office: Department of the Navy, Office of the Chief of Naval Operations, FOIA/Privacy Act Program Office/Service Center (DNS-36).

• Online Portal (Preferred): www.securerelease.us or through FOIA.gov. The main DoN FOIA page is often cited as https://www.secnav.navy.mil/foia/Pages/default.aspx
• Mailing Address (DNS-36): 2000 Navy Pentagon, Washington, DC 20350-2000
• Email (DNS-36): [email protected]
• Phone (DNS-36 Service Center): (202) 685-0412
• Public Liaison (DoN): Christopher Julka, (703) 697-0031, [email protected] or [email protected]

Department of the Air Force (includes U.S. Space Force)

Mission: Organizes, trains, and equips Air Force and Space Force personnel for air and space operations.

Types of records: Personnel files for Air Force/Space Force veterans and active personnel, aircraft records, unit histories, operational records from air/space missions, contracting records, Air Force Office of Special Investigations (AFOSI) records.

DAF FOIA Central Point of Contact (if unsure where to direct): Headquarters Air Force/AAII (FOIA), 1000 Air Force Pentagon, Washington, DC 20330-1000. Email: [email protected]. Phone: (703) 693-2735.

• Online Portal (Preferred): AF eFOIA Public Access Link (PAL) via FOIA.gov or directly at the Air Force Compliance website (https://www.compliance.af.mil/Resources/FOIA/)
• Specific DAF FOIA Offices: The DAF FOIA program is decentralized. Key offices include:
  • Air Force Personnel Center (AFPC) for personnel records: HQ AFPC/DSMIF, 550 C Street West, JBSA-Randolph AFB, TX 78150. Email: [email protected]. Phone: (210) 565-2751
  • Air Force Office of Special Investigations (AFOSI): HQ OSI/FSS/MSII, 27130 Telegraph Rd., Quantico, VA 22134. Email: [email protected]. Phone: (571) 305-8044
• Public Liaison (DAF): (703) 614-8500, [email protected]. (Note: Do not send FOIA requests to this liaison office)

Combatant Commands (CCMDs)

Unified commands with broad, continuing missions, composed of forces from multiple Military Departments, responsible for geographic areas or specific functions. Requests generally go to the CCMD headquarters. FOIA.gov (https://www.foia.gov/) and the DoD FOIA Handbook (https://pclt.defense.gov/DIRECTORATES/FOIA/FOIA-Handbook.aspx) are good starting points for CCMD FOIA contacts.

U.S. Africa Command (AFRICOM):

• Online form via “Contact Us” at https://www.africom.mil/contact-us (select “FOIA Request”)
• Email: [email protected]
• Website: https://www.africom.mil/foia-freedom-of-information-act-requests

U.S. Central Command (CENTCOM):

• Online form via “Submit a FOIA Request” link at: https://www.centcom.mil/Home/FOIA/
• Mailing Address: UNITED STATES CENTRAL COMMAND J6-8-F (FOIA), 7115 SOUTH BOUNDARY BOULEVARD, MACDILL AFB, FL 33621-5101
• Email: centcom.macdill.centcom-hq.mbx.freedom-of-information-act@mail.mil

U.S. European Command (EUCOM):

• Online request form (preferred) or mail/email. EUCOM FOIA Contact Page: https://www.eucom.mil/how-to-make-a-foia-request
• The U.S. Army Europe and Africa FOIA Office handles some EUCOM requests: Email: [email protected]

U.S. Indo-Pacific Command (INDOPACOM):

• Preferred Method: Electronically via U.S. Department of Justice National FOIA Portal at https://www.foia.gov/ (select DoD, then U.S. Indo-Pacific Command). Currently not accepting fax, phone, postal, or direct email requests
• Email (for status updates on existing requests): [email protected]

U.S. Northern Command (NORTHCOM):

• Email: [email protected]
• Mail: HQ USNORTHCOM/CS, ATTN: FOIA Requester Service Center, 250 Vandenberg Street, Suite B016, Peterson Space Force Base, CO 80914-3801
• Website: https://www.northcom.mil/FOIA/

U.S. Southern Command (SOUTHCOM):

• Preferred Method (due to HPCON levels): Electronic inquiries
• Email: [email protected]
• Website: https://www.southcom.mil/FOIA/. Forms available at https://www.southcom.mil/FOIA/How-to-file-A-FOIA-Request/

U.S. Space Command (SPACECOM):

• Email: [email protected]
• Mail: USSPACECOM/J006 (FOIA), 150 Vandenberg St., Peterson SFB, CO 80914-4500
• Website: https://www.spacecom.mil/Support/FOIA/

U.S. Strategic Command (STRATCOM):

• Email: [email protected]
• Mail: USSTRATCOM/J006 (FOIA), 900 SAC BLVD STE N3.150E, Offutt AFB NE 68113-6000
• Website: https://www.stratcom.mil/Contact/Freedom-of-Information-Act/

U.S. Special Operations Command (SOCOM):

• Online e-FOIA Request Form: Link available on https://www.socom.mil/FOIA. Direct link: https://www.socom.mil/FOIA/Pages/E-FOIARequests.aspx
• Email: [email protected]

U.S. Transportation Command (TRANSCOM):

• Online Form: Via “Submit FOIA Request” on https://www.ustranscom.mil/foia/. Direct form link: https://www.ustranscom.mil/foia/request-form.cfm
• Email: [email protected]

U.S. Cyber Command (CYBERCOM):

• Email: [email protected]
• Mail: USCYBERCOM/J0 FOIA-PA Requester Service Center, 9800 Savage Rd., Suite 6171, Fort George G. Meade, MD 20755
• Website/Policy: https://www.cybercom.mil/FOIA-Privacy-Act/About-the-Program/

Defense Agencies and DoD Field Activities (DAFAs)

These organizations provide specialized support and services across the DoD. FOIA.gov (https://www.foia.gov/) and the DoD FOIA Handbook (https://pclt.defense.gov/DIRECTORATES/FOIA/FOIA-Handbook.aspx) are primary resources for DAFAs FOIA contacts.

Defense Intelligence Agency (DIA):

• Email: [email protected]
• Mail: Defense Intelligence Agency, ATTN: IMO-2 (FOIA), 7400 Pentagon, Washington, DC 20301-7400

Defense Logistics Agency (DLA):

• Online Portal (FOIAXpress): https://pal.whs.mil/
• Mail/Contact: DLA FOIA/Privacy Act Office, HQ, DLA, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir, VA 22060-6221
• Website: https://www.dla.mil/FOIA/FOIA-Request/

National Security Agency (NSA):

• Submission guidance via links on https://www.nsa.gov/Helpful-Links/NSA-FOIA/
• Mail: FOIA/PA Office, 9800 Savage Road, Suite 6932, Ft. George G. Meade, MD 20755-6932

Defense Threat Reduction Agency (DTRA):

• Email: [email protected]
• Mail: DTRA, Attn: OGC-FOIA, 8725 John J. Kingman Road, STOP 6201, Fort Belvoir, VA 22060-6201
• DTRA FOIA Handbook (DTRA Instruction 5400.7) provides guidance: https://www.dtra.mil/Portals/125/Documents/EEO_documents/DTRA%20Instruction%20%205400.7%20-%20Freedom%20Of%20Information%20Act%20(FOIA)%20Program.pdf
• Website: https://www.dtra.mil/About/Mission/Freedom-of-Information-Act-and-Privacy-Act/FOIA-Program/

Missile Defense Agency (MDA):

• MDA records are generally processed by the OSD/JS FOIA office. See Section IV.A for OSD/JS contact information
• General MDA Contact: [email protected]. Main Address: 5700 18th St., Bldg. 245, Fort Belvoir, VA 22060-5573

Defense Contract Audit Agency (DCAA):

• Submit in writing to DCAA Service Center (HQ or Regional) or by email
• Chief FOIA Officer: DCAA, Attn: DL/FOIA, 8725 John J. Kingman Road, Suite 2135, Fort Belvoir, VA 22060-6219. Phone: (571) 448-3153
• Website: https://www.dcaa.mil/Freedom-of-Information-Act/

Defense Finance and Accounting Service (DFAS):

• Email: [email protected]
• Phone: (317) 212-4591 (Gregory Outlaw, FOIA Officer/Public Liaison)
• Website: https://www.dfas.mil/foia/

Department of Defense Inspector General (DoD OIG):

• Online Form (Preferred via FOIA.gov): https://www.foia.gov/
• Email: [email protected]
• Mail: DoD OIG, ATTN: FOIA Requester Service Center, Suite 10B24, 4800 Mark Center Drive, Alexandria, VA 22350-1500
• Website: https://www.dodig.mil/FOIA/

Defense Technical Information Center (DTIC):

• Mail: DTIC-R, ATTN: FOIA Requester Service Center, 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6218
• Fax: (703) 767-9201
• Website: https://discover.dtic.mil/foia/

Tools for Finding the Right Office

• FOIA.gov (https://www.foia.gov/): The central U.S. government website for FOIA. It lets you locate agency FOIA contacts and, for many agencies, submit requests directly.
• DoD FOIA Handbook (https://pclt.defense.gov/DIRECTORATES/FOIA/FOIA-Handbook.aspx or https://open.defense.gov/Transparency/FOIA/FOIA-Handbook/): Provides an overview of the DoD FOIA program with links to various DoD component Requester Service Centers.
• Government Records Locator (e.g., USA.gov https://www.usa.gov/): Can help find agency websites and general contact information.
• Contacting a Component’s FOIA RSC or Public Liaison: If unsure, contacting a Requester Service Center or Public Liaison at a component you think might hold the records can provide guidance.

How to Craft Your FOIA Request

Once you’ve identified the likely DoD component holding the records, the next step is drafting your FOIA request. A well-crafted request significantly increases your chances of a timely and successful response.

Basic Requirements

All FOIA requests must be submitted in writing. This can be a physical letter, an email, or an online web form provided by the specific DoD component. Verbal requests are not accepted.

Essential Elements to Include

To ensure your request is considered “perfected” (complete and ready for processing), include these key elements:

• Clear Statement of FOIA: Explicitly state that your request is being made under the Freedom of Information Act. Include “Freedom of Information Act Request” in the subject line of emails and faxes, and on the envelope of mailed requests.
• Your Contact Information: Provide your full name, complete mailing address, daytime telephone number, and email address if available. Some DoD components require a physical mailing address even for electronic submissions if a substantive electronic response might be impractical.
• Description of Records: This is critical and detailed below.
• Fee Statement or Waiver Request: State your willingness to pay applicable fees up to a specified amount, or request a fee waiver with detailed justification.
• Requester Category: Identify your applicable fee category (commercial, news media, educational/scientific, or “all other”) as this directly impacts how fees are assessed.

Describing Records Effectively

The FOIA requires that a request “reasonably describes” the records sought. This means your description must be specific enough to allow a knowledgeable agency employee to locate the records with a “reasonable amount of effort”.

Vague or overly broad requests may be rejected or require clarification, leading to delays. The responsibility is on you to provide sufficient detail. Investing time in crafting a well-described request is perhaps the most critical step you can take to ensure effective processing.

Tips for a Good Description:

• Be Specific: The more details you provide, the better the agency can narrow its search.
• Subject Matter: Clearly state the topic of the records.
• Record Type: If known, specify if it’s a report, memorandum, email, contract, directive, etc.
• Dates/Timeframe: Provide a specific date range. Avoid open-ended requests like “all records on X.”
• Authors/Recipients/Originating Office: If known, name the individuals, offices, or units involved.
• Titles/Document Numbers: Include any known titles, contract numbers, case numbers, report numbers, or file designations.
• Events/Circumstances: Describe any specific events, incidents, projects, or contexts related to the records.
• Location: If you know where the records might be physically or organizationally located, include this information.
• Keywords: Consider terms that agency personnel might use to index or search for these records.

What FOIA Does Not Require: Agencies are only required to provide access to existing records. They are not obligated to:

• Create new records
• Collect information that is not already compiled
• Perform research or analyze data for you
• Answer questions, render opinions, or provide subjective evaluations

Requesting Records About Yourself

If you’re seeking records about yourself (e.g., personal military personnel files, medical records, or an investigative file where you’re the subject), your request may be processed under both the FOIA and the Privacy Act of 1974 (5 U.S.C. § 552a). The Privacy Act establishes a code of fair information practices and provides individuals with rights concerning records maintained about them by federal agencies.

Stating the Request: It’s often advisable to state that your request is being made under both the Freedom of Information Act and the Privacy Act.

Identity Verification: When requesting records about yourself, the agency will require verification of your identity. This is crucial to protect personal privacy and ensure your information isn’t disclosed inappropriately to a third party. Failure to provide necessary verification will halt processing. Common methods include:

• A notarized statement or a statement signed under penalty of perjury
• A completed agency-specific certification of identity form
• A photocopy of a government-issued ID (though some components, like U.S. Central Command, specify excluding military IDs)

Third-Party Requests for Personal Information: If requesting records about another living individual, their notarized written consent or authorization is generally required. For records about a deceased individual, proof of death and information establishing your right or relationship might be necessary.

Privacy Act System of Records Notices (SORNs): The Privacy Act applies to records maintained in a “system of records,” meaning records retrieved by an individual’s name or another personal identifier. Federal agencies publish SORNs in the Federal Register describing these systems, the categories of individuals covered, the types of records maintained, and how they’re used.

Amending Records under the Privacy Act: The Privacy Act also gives individuals the right to request amendment or correction of records about themselves if they believe the records are inaccurate, irrelevant, untimely, or incomplete.

Note for Government Employees: If you’re a government employee making a personal FOIA request, don’t use government equipment, supplies, stationery, postage, telephones, or official mail channels. Make these requests using personal resources and on your own time.

Submitting Your Request

After crafting your request, the next step is submitting it to the appropriate DoD component. As detailed earlier, each component may have specific instructions or preferred methods. Always check the component’s official FOIA webpage or FOIA.gov (https://www.foia.gov/) for the most current guidance. The trend is clearly toward online submission for efficiency and tracking.

Common submission methods include:

Online Portals: This is increasingly the preferred method.

• FOIA.gov (https://www.foia.gov/): This central government portal can be used to submit requests to many DoD components. It’s the preferred method for components like U.S. Indo-Pacific Command and the DoD Office of Inspector General. The Department of the Air Force also directs users here to access its Public Access Link (PAL).
• Agency-Specific Portals: Some components use systems like FOIAXpress, often accessed via a Public Access Link (PAL). The Defense Logistics Agency (DLA) uses FOIAXpress via https://pal.whs.mil/. The OSD/JS FOIA office also uses this system.
• SecureRelease.us: The Department of the Navy indicates a preference for requests submitted via www.securerelease.us.
• Component Website Forms: Several components host their own electronic FOIA request forms on their websites, including U.S. Special Operations Command (SOCOM), U.S. Southern Command (SOUTHCOM), U.S. European Command (EUCOM), U.S. Africa Command (AFRICOM), and U.S. Transportation Command (TRANSCOM).

Email: Many DoD components accept FOIA requests via dedicated email addresses. Specific addresses for OSD/JS, the military departments, various Defense Agencies, and Combatant Commands are listed above. When submitting via email, ensure all essential elements of the request are included and that the subject line clearly indicates “Freedom of Information Act Request.”

Postal Mail: This remains a valid option for most components, particularly if an online portal or email isn’t available or if you prefer this method. Mailing addresses for various components are provided above.

Facsimile (Fax): Some components still accept faxed FOIA requests, including OSD/JS, CENTCOM, NORTHCOM, SOUTHCOM, STRATCOM, TRANSCOM, DoD OIG, and DTIC.

Regardless of submission method, keep a copy of your submitted request and any subsequent correspondence with the agency for your records.

Some agencies, like the Air Force, note that if a request is voluminous, an electronic response might be impractical, necessitating a physical mailing address even for electronically submitted requests. For very large electronic deliveries, some components like U.S. Space Command and U.S. Strategic Command use secure file transfer services like DoD SAFE.

Understanding FOIA Fees and Categories

The Freedom of Information Act allows federal agencies to charge fees for processing requests, but these fees depend on the category of the requester and the nature of the services provided.

Requester Categories and Fee Implications

The FOIA and DoD regulations establish distinct categories of requesters, which directly influence the fees they may be charged:

Commercial Use Requesters: These are individuals or entities seeking information for a commercial, trade, or profit interest.

• Fees: Commercial users typically pay for all search time, review time, and the cost of duplication.

Educational Institutions: This includes preschools, public or private schools, and institutions of higher education operating programs of scholarly research. The request must be made on behalf of the institution and for scholarly research, not for individual research or commercial use.

• Fees: Educational requesters generally pay only for duplication costs, with the first 100 pages provided free. They are not charged for search time.

Non-Commercial Scientific Institutions: These are institutions not operated on a commercial basis and operated solely for scientific research. The request must be for scientific research purposes, not commercial use.

• Fees: Similar to educational institutions, these requesters pay only for duplication costs, with the first 100 pages free.

Representatives of the News Media: This includes any person or entity gathering news for an organization that publishes or broadcasts news to the public. “Freelance” journalists may qualify if they can demonstrate a solid basis for expecting publication.

• Fees: News media representatives pay only for duplication costs, with the first 100 pages provided free.

All Other Requesters: This includes any requester not fitting into the categories above. This often includes individuals seeking information for personal use or public interest groups.

• Fees: These requesters pay for search time (after the first two hours, which are free) and duplication costs (after the first 100 pages, which are free).

Agencies may request additional information to verify your stated category if there’s a question about your status.

Types of Fees

DoD components may charge fees for these services, based on direct costs incurred:

Search: The time spent by agency personnel looking for and retrieving material. This includes time spent searching even if no responsive records are found or if records are eventually determined to be exempt. Hourly rates vary by the grade of personnel conducting the search (e.g., Administrative (E-9/GS-8 and below) at $24/hour, Professional (Contractor/O-1 to O-6/W-1 to W-5/GS-9 to GS-15) at $48/hour, and Executive (O-7 and above/SES) at $110/hour).

Review: The time spent examining records to determine whether any portion is exempt from disclosure, including redacting information and marking applicable exemptions. Review fees are properly charged even if a record is ultimately withheld. Review costs are only charged to commercial use requesters.

Duplication: The cost of making copies of the requested records in the requested format. For standard paper photocopies, DoD components typically charge $0.15 per page. For other media, agencies charge the direct cost of duplication.

Fee Limits and Advance Payment

• DoD Components generally won’t charge fees if the total assessable cost (after deducting any free search time or pages) is $25.00 or less. Some components have noted a lower threshold, such as $15.
• If an agency estimates that fees will exceed $25.00 (or a lower limit you specified), the agency must notify you of the estimated amount, including a breakdown of fees for search, review, or duplication, unless you’ve already indicated willingness to pay fees of that amount.
• Advance payment may be required if the estimated fees are likely to exceed $250.00, or if you’ve previously failed to pay FOIA fees in a timely fashion.

Requesting a Fee Waiver

Requesters can ask for a waiver or reduction of fees. Under the FOIA, fees shall be waived or reduced if disclosure of the information is deemed to be in the public interest because it is:

“Likely to contribute significantly to public understanding of the operations or activities of the government,” AND “Is not primarily in the commercial interest of the requester”.

Both criteria must be met for a fee waiver to be granted. A mere assertion that the information is in the public interest is insufficient; a detailed justification is required.

When requesting a fee waiver, your justification should address:

• How the records concern government operations or activities: Explain the connection between the requested records and the functions of the federal government.
• How disclosure will contribute to public understanding: Describe how the release of the information will genuinely inform the public at large, rather than just serving a personal interest or the interest of a narrow group.
• The significance of the contribution to public understanding: Articulate why the understanding gained by the public will be substantial.
• Your ability and intent to disseminate the information: Explain how you plan to convey the information to a reasonably broad audience. News media affiliation can support this, but it’s not the only way.
• Whether the request is primarily in your commercial interest: If a commercial interest exists, explain why the public interest in disclosure is greater than this commercial interest. An inability to pay fees is not a legal basis for a fee waiver.

What Happens After You Submit

Once a DoD component receives a “perfected” FOIA request (in writing, reasonably describing the records, and addressing fees), the processing begins.

Acknowledgement and Tracking

Agencies are generally required to acknowledge receipt of a FOIA request within 10 working days and assign it a tracking number. This tracking number is important for any future communications or status inquiries. The acknowledgement may also provide an estimated completion date, though this can change.

Processing Timelines and Potential Delays

The FOIA statute generally requires agencies to make a determination on a request within 20 working days from the date the request is received by the correct FOIA office. However, this timeline can be extended.

“Unusual Circumstances“: The 20-day time limit can be extended by up to an additional 10 working days (for a total of 30 working days) in “unusual circumstances”. These circumstances include:

• The need to search for and collect the requested records from facilities that are separate from the office processing the request.
• The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records demanded in a single request.
• The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein.

If an extension beyond the initial 20 working days is necessary due to unusual circumstances, the agency must notify you in writing, explain the reasons for the delay, and provide an estimated date for the determination. The agency should also offer you an opportunity to modify or limit the scope of your request or to agree to an alternative time frame.

Backlogs and Complex Requests: Due to the volume and complexity of requests received, particularly by large agencies like those within the DoD, it may not always be possible to respond within the statutory time limits. Many agencies have significant backlogs.

Multi-Track Processing

To manage their workload, many DoD components use a multi-track processing system. Requests are typically categorized based on their complexity and the amount of work or time involved in processing them. Common tracks include:

• Simple: Requests that involve a small volume of records and require limited search and review.
• Complex: Requests that involve a large volume of records, require extensive search or review, or necessitate consultations with other offices or agencies.
• Expedited: Requests that meet specific criteria for urgent processing (see below).

Requests are generally processed on a “first-in, first-out” basis within each track. This system aims to ensure fairness while allowing simpler requests to be processed more quickly.

Expedited Processing

A requester can ask for expedited processing if they demonstrate a “compelling need” or other qualifying circumstances. If granted, the request will be taken out of the regular processing queue and addressed as soon as practicable. Agencies must decide whether to grant or deny a request for expedited processing within 10 calendar days of its receipt.

Grounds for expedited processing generally include:

• Imminent threat to an individual’s life or physical safety: Failure to obtain the records on an expedited basis could reasonably be expected to pose such a threat.
• Urgent need by a person primarily engaged in disseminating information: This applies to representatives of the news media, for example, who need the information for a breaking story of public interest.
• Imminent loss of substantial due process rights: Failure to obtain the records quickly could result in the loss of these rights.
• Humanitarian need: In some cases, a humanitarian need can also be a basis for expedition.

A request for expedited processing must be made in writing and must certify that the reasons provided are true and correct. If expedited processing is denied, you have the right to an administrative appeal.

Checking the Status of Your Request

After submitting a request and receiving an acknowledgment with a tracking number, you can typically contact the component’s FOIA Requester Service Center to inquire about status. Some components may offer online status tracking through their portals (e.g., DLA via FOIAXpress, DIA provides monthly status updates for open cases).

Understanding the Agency’s Response

After processing a FOIA request, the DoD component will provide a written response, which can take several forms:

Grant of Request

If the agency locates responsive records and determines that they can be released in their entirety, it will grant the request. The response letter will inform you of any applicable fees for duplication and provide the records, typically in the format requested if reasonably feasible.

Partial Grant / Partial Denial

Often, an agency may locate responsive records but determine that portions of those records are exempt from disclosure under one or more of the FOIA exemptions. In such cases, the agency will provide a partial grant, releasing the non-exempt portions of the records while withholding the exempt information.

Redactions: Withheld information will be physically obscured or “redacted” from the released documents. The agency must indicate on the released portion of the record the amount of information deleted and the location of the deletion, unless doing so would harm an interest protected by the exemption. The specific FOIA exemption(s) justifying each redaction should also be noted at the site of the redaction or in the response letter.

Full Denial of Request

If the agency determines that all responsive records (or the entirety of the requested information within those records) are protected by one or more FOIA exemptions, it will issue a full denial. The denial letter must:

• State the reasons for the denial.
• Cite the specific FOIA exemption(s) relied upon.
• Provide a brief explanation of how each exemption applies to the withheld records.
• Inform you of your right to file an administrative appeal and the procedures for doing so.
• Identify the name and title of the person responsible for the denial (the Initial Denial Authority – IDA).

“No Records” Response

If, after a reasonable search, the agency determines that no records responsive to the request exist within its files, it will inform you accordingly. The agency should describe the search efforts undertaken. If dissatisfied with a “no records” response, you may appeal, questioning the adequacy of the agency’s search.

Referral to Another Agency/Component

If the agency locates records that originated with another agency or DoD component, or if the subject matter of the request falls more squarely within the purview of another entity, it may refer the request (or the responsive records) to that other agency or component for direct response to you. You will be notified of such a referral.

Understanding FOIA Exemptions

The FOIA mandates disclosure of federal agency records, but it also includes nine statutory exemptions (5 U.S.C. § 552(b)(1) through (b)(9)) that protect certain categories of information from mandatory release. If records, or portions thereof, fall under one of these exemptions, the agency may withhold them, provided there is a sound legal basis and, for discretionary exemptions, a foreseeable harm from release.

It’s important to note that agencies are encouraged to make discretionary releases even if an exemption applies, unless disclosure is prohibited by law or would cause foreseeable harm.

The nine exemptions are:

Exemption 1: Classified National Security Information. Protects information that is currently and properly classified in the interest of national defense or foreign policy under the criteria of an Executive Order. If information qualifies, its withholding is generally mandatory.

Exemption 2: Internal Agency Rules and Practices. Protects records related solely to the internal personnel rules and practices of an agency. This has been narrowly interpreted by the Supreme Court in Milner v. Department of the Navy to cover only records concerning conditions of employment, such as employee relations or human resources matters.

Exemption 3: Information Exempted by Other Statutes. Protects information specifically exempted from disclosure by other federal statutes, provided the statute leaves no discretion on the issue or establishes particular criteria for withholding. Examples include statutes protecting tax return information, census data, or certain intelligence-related information.

Exemption 4: Trade Secrets and Confidential Business Information. Protects trade secrets and commercial or financial information obtained from a person (outside the government) that is privileged or confidential. Disclosure must likely cause substantial competitive harm to the source of the information.

Exemption 5: Privileged Inter-agency or Intra-agency Memoranda or Letters. Protects internal government communications that would not be routinely available in litigation with the agency. This includes:

• Deliberative Process Privilege: Protects advice, recommendations, and opinions that are part of the agency’s decision-making process.
• Attorney Work-Product Privilege: Protects materials prepared by or for an attorney in anticipation of litigation.
• Attorney-Client Privilege: Protects confidential communications between an agency attorney and agency client for the purpose of obtaining legal advice.

Exemption 6: Clearly Unwarranted Invasion of Personal Privacy. Protects information in personnel, medical, and similar files, the disclosure of which would constitute a “clearly unwarranted invasion of personal privacy”. This requires balancing the individual’s privacy interest against any public interest in disclosure. Home addresses, private email addresses, and lists of personnel are often withheld under this exemption.

Exemption 7: Law Enforcement Records. Protects records or information compiled for law enforcement purposes, but only to the extent that disclosure could reasonably be expected to cause one of six specific harms:

• (A) Interfere with enforcement proceedings.
• (B) Deprive a person of a right to a fair trial or an impartial adjudication.
• (C) Constitute an unwarranted invasion of personal privacy (a lower threshold than Exemption 6).
• (D) Disclose the identity of a confidential source, and, in criminal or national security intelligence investigations, confidential information furnished by such source.
• (E) Disclose techniques and procedures for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.
• (F) Endanger the life or physical safety of any individual.

Exemption 8: Records of Financial Institutions. Protects information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.

Exemption 9: Geological and Geophysical Information Concerning Wells. Protects geological and geophysical information and data, including maps, concerning wells.

In addition to these exemptions, there are three special law enforcement record “exclusions” that allow an agency to treat certain records as not subject to the FOIA’s requirements in specific, narrow circumstances, such as when an investigation is ongoing and the subject is unaware of it.

Appealing a Decision and Dispute Resolution

If a FOIA request is denied in whole or in part, or if you disagree with other aspects of the agency’s response (such as the fee category determination, denial of a fee waiver, or a “no records” finding), you have the right to file an administrative appeal.

The Administrative Appeal Process

To Whom to Appeal: The denial letter from the DoD component must specify the name and address of the appellate authority for that component. Appeals are typically made to a higher authority within the same DoD component that issued the initial denial. For example, appeals regarding AFRICOM or NORTHCOM responses are often directed to an office within the Office of the Secretary of Defense.

Time Limit for Appeal: Appeals must generally be made in writing and postmarked (or electronically submitted, if permitted) within 90 calendar days of the date of the agency’s denial letter.

Content of the Appeal: The appeal letter should:

• Clearly state that it is a “Freedom of Information Act Appeal.”
• Identify the initial request by including a copy of the request, the denial letter, and the assigned FOIA tracking number.
• Explain the reasons why you believe the denial was improper or why you disagree with the agency’s determination.
• State the relief sought (e.g., release of the withheld records, granting of a fee waiver).

Agency Response to Appeal: The appellate authority will review the initial determination and your arguments. They will then issue a written decision on the appeal, either upholding, reversing, or modifying the initial decision. This decision is typically the final agency action. If the appeal is denied, the letter will inform you of your right to seek judicial review in federal court.

FOIA Public Liaisons

Each DoD component has a FOIA Public Liaison, who is a supervisory official designated to assist requesters. The Public Liaison can help:

• Reduce delays in processing.
• Increase transparency and understanding of the status of requests.
• Assist in resolving disputes between you and the agency before or during the appeal process.

Contact information for the relevant Public Liaison is often included in agency correspondence or can be found on the component’s FOIA website or FOIA.gov.

Office of Government Information Services (OGIS)

The Office of Government Information Services (OGIS), part of the National Archives and Records Administration, offers mediation services to resolve disputes between FOIA requesters and federal agencies. OGIS acts as an impartial third party to help facilitate communication and find mutually agreeable solutions. You can contact OGIS at any point during the FOIA process if you encounter difficulties.

OGIS contact information is: National Archives and Records Administration, Office of Government Information Services, 8601 Adelphi Road–OGIS, College Park, MD 20740-6001; Email: [email protected]; Phone: (202) 741-5770 or (877) 684-6448; Website: https://www.archives.gov/ogis.

Judicial Review

If you are dissatisfied with the final agency decision on your administrative appeal, you have the right to file a lawsuit in federal district court to compel the agency to release the records. Generally, you must exhaust your administrative appeal rights before seeking judicial review.

Special Considerations for Privacy Act Requests

As mentioned earlier, requests for records about yourself are often processed under both FOIA and the Privacy Act of 1974. The Privacy Act provides individuals with certain rights regarding records maintained about them by federal agencies in systems of records retrievable by a personal identifier.

Key Privacy Act provisions relevant to requesters include:

Right of Access: Individuals have the right to gain access to records pertaining to them that are contained in a system of records, subject to certain limitations and exemptions.

Right to Amend Records: Individuals can request the amendment or correction of their records if they believe the information is inaccurate, irrelevant, untimely, or incomplete. The burden of proof is on the requester to show that the information is not accurate, relevant, timely, or complete. Requests for correction typically apply to factual information, not matters of opinion.

System of Records Notices (SORNs): Agencies must publish SORNs in the Federal Register describing each system of records they maintain. These notices detail the categories of individuals and records in the system, routine uses of the records, and procedures for individuals to access or contest their records. DTRA, for instance, provides links to its SORNs as well as DoD-wide and government-wide SORNs.

Identity Verification: As emphasized earlier, proper identity verification is required for Privacy Act requests to protect personal information.

Fees for Privacy Act Requests: Generally, only duplication fees may be charged for processing Privacy Act requests for access. There are no fees for search or review time under the Privacy Act itself. However, if a request is processed under both FOIA and the Privacy Act, FOIA fee rules may apply if FOIA provides greater access.

Disclosure to Third Parties: The Privacy Act generally prohibits the disclosure of a record about an individual from a system of records without the individual’s written consent, unless the disclosure falls under one of twelve statutory exceptions. If records are to be released to a third party (e.g., an attorney or congressional office), written release authority from the individual is typically required.

Practical Tips for Success

Navigating the DoD FOIA process can be complex, but following these practical tips can increase the likelihood of a successful and more timely outcome:

• Do Your Homework First: Before filing, thoroughly check the relevant DoD component’s Electronic Reading Room, FOIA library, and general website for publicly available information. The information may already be accessible without a formal request.
• Identify the Correct Component: Due to the DoD’s decentralized system, sending your request to the right office is crucial. Use the guidance provided earlier, FOIA.gov (https://www.foia.gov/), and the DoD FOIA Handbook (https://pclt.defense.gov/DIRECTORATES/FOIA/FOIA-Handbook.aspx) to pinpoint the component most likely to hold the records.
• Be Specific in Your Description: “Reasonably describe” the records you seek with as much detail as possible (dates, titles, subjects, originating offices, etc.) to enable an efficient search. Avoid overly broad or vague requests.
• Clearly State It’s a FOIA Request: Mark your correspondence prominently as a “Freedom of Information Act Request”.
• Address Fees Proactively: State your willingness to pay fees up to a specified amount or provide a detailed justification for a fee waiver based on public interest criteria.
• Submit via Preferred Method: Use online portals like FOIA.gov or agency-specific systems when available, as these are often the most efficient submission routes.
• Keep Copies of Everything: Maintain copies of your request, all agency correspondence, and any tracking numbers assigned.
• Be Patient but Persistent: Processing can take time, especially for complex requests or at agencies with backlogs. However, you can follow up politely with the Requester Service Center for status updates using your tracking number.
• Communicate with the FOIA Office: If the agency contacts you for clarification or to narrow the scope of your request, respond promptly. Constructive dialogue can often expedite processing.
• Understand FOIA’s Limitations: Remember that FOIA provides access to existing records; it doesn’t require agencies to create records, answer questions, or conduct research.
• Utilize FOIA Public Liaisons and OGIS: If you encounter problems, delays, or disputes, don’t hesitate to contact the component’s FOIA Public Liaison or the Office of Government Information Services (OGIS) for assistance and mediation.
• Know Your Appeal Rights: If your request is denied or you are dissatisfied with the response, be aware of your right to file an administrative appeal within the specified timeframe.

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