Freedom of Information Act (FOIA)
A
FOIA is a Federal law that establishes the public's right to request existing
records from Federal Government agencies. Requests are only for agency
"records." The agency is not required to create documents in response
to a request.
A
Citizen’s Guide to FOIA http://www.epic.org/open_gov/citizens_guide_97.html
FOIA http://www4.law.cornell.edu/uscode/5/552.html
Frequently Asked Questions (FAQs)
Q. How can I get more Information of FOIA?
A. Please visit the Army's
FOIA website.
Q. How do I request documents under the FOIA?
A. You can request the documents by fax or letter
which must include the following information:
1. Name
2. Business name (if applicable)
3. Telephone number
4. Fax number (if applicable)
5. Complete, in-depth description of document including date
parameters
6. Purpose or use of the requested information
7. Whether you want to view them or have them copied and
sent to you
8. State a willingness to pay any search and review fees
9. If you are requesting a fee waiver, you must state your
basis for the waiver
If you have any questions regarding FOIA, please contact us by:
Q. Do I have to pay for my request and if so,
how much?
A. 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 Army. The FOIA requires that requesters
be placed into categories. For a more detail outline of the categories, please
visit the Army's FOIA website <https://www2.arims.army.mil/rmdaxml/rmda/FreedomOfInformationAct.asp>.
One of the most common categories is the one listed below: "Other"
Requester. 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. A requirement under
the Act is that all requesters must include a 'willingness to pay statement'
in their request, however, fees are not charged unless they exceed $25. Also,
the requester can set a limit on the costs to be incurred. For example, he/she
may state "not to exceed $50." If the estimate for answering the
request exceeds the limit, the FOIA Officer will call the requester to discuss
his/her options. The requester has four options: accept the copied documents
up to the previous specified amount of money, cancel the entire request, authorize
the money needed to complete the request, or authorize additional funds up
to another specified amount. Fee waivers may be granted when disclosure of
the records is in the public interest because it is likely to ontribute 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."
A Citizen's Guide to Request Army Records Under the FOIA, May 1, 1998