THE FREEDOM OF INFORMATION ACT

LEARNING OBJECTIVE: Identify the basic provisions of the Freedom of Information Act.

The Freedom of Information Act (FOIA) was established in 1966 to give the public the right to access records of the executive branch of the federal government. It established for the first time in U.S. history the right of "any person" to seek access to these records.

More than 40,000 FOIA requests are received annually from organizations and individuals. Requests center on the programs and activities of the DoD, including (but not limited to) the following: . Projected retirees l Decklogs l Investigations l Contracts l Nuclear weapons l Disposal of toxic substances

AGENCY RECORDS

The FOIA provides for access to U.S. government "agency records" - simply stated, products that result from the gathering of data. They may include records originated by the agency or those it has received and maintained at the time of the FOIA request. Some examples of agency records include the following:

l Books

l Papers

l Maps

l Photographs

l Machine-readable materials or other documentary materials regardless of physical form or characteristics

You also must be aware of the records that do not qualify for release under the FOIA. Some of these records include the following: l l l l l

Objects or articles (such as structures, furniture, paintings, sculpture, three-dimensional models, vehicles and equipment)

Administrative tools (such as computer software)

Nontangible records (such as an individual's memory or oral communication)

Personal records not subject to agency creation/ retention (such as notes to jog the memory of an employee)

Unaltered publications and processed documents available to the public through other means (such as regulations, maps and manuals)

FOIA REQUEST FORMAT

A request for an agency record under the FOIA must follow a specific format. First, and most important, make sure the request is in writing. Do not process verbal requests, whether in person or on the telephone. Additionally, the request must indicate that it is made under the provisions of the Department of the Navy Freedom of Information Act (FOIA) Program,

SECNAVINST 5720.42 series, or its parent directives, DoD 5400.7 or DoD 5400.7-R.

The request also must contain a reasonable description of the record(s) requested. This will enable you or others in your office to research the request with more efficiency.

FOIA FEES

All fees related to an FOIA request must be paid by the organization or person making the request. For commercial requesters, fees are assessed for the search, review and duplication of the requested records. All fees $15 or under are automatically waived. However, in the case of educational institutions, noncommercial scientific institutions and news media representatives, fees can only be assessed for duplication (after the first 100 pages). All fees $15 and under may be waived.

FOIA ASSISTANCE

Occasionally, you will receive an FOIA request that does not meet the format previously described. Since members of the public usually do not understand FOIA request procedures, it is up to you to help them.

TIME LIMITS

You must respond to FOIA requests within 10 working days. However, this may be an unrealistic length of time because of your work schedule. When this happens, you may take a formal time extension of up to 10 additional working days if you must take one or more of the following actions:

l Search for or collect records that are located, in whole or in part, at places separate from the office processing the request.

l Search for, collect and examine a substantial number of records in response to a request.

l Consult with another naval activity or another agency which has a substantial subject matter interest in the determination of the request.

If you opt for a formal time extension, advise the requester in writing and give the reason(s) for the extension. Also indicate that the requester may make an appeal to the appropriate appellate authority (such as the judge advocate general or general counsel) within 60 calendar days.

Keep in mind that formal time extension letters must be approved and signed by higher authority. In FOIA terminology, this person is called the initial denial authority (IDA).

The purpose of this section is to acquaint you with some of the basic provisions of the FOIA Program. More detailed information can be found in SECNAVINST 5720.42 series and in PA Regs, Chapter 7.