Freedom of Information Act

Freedom of Information Act The Freedom of Information Act (FOIA), known by its legal cite as 5 United States Code (U.S.C.) Section 552, along with Department of Defense (DoD) Publication 5400.7, can be found at Part 286 of Chapter 32 of the Code of Federal Regulations (CFR), which is available in most libraries or online from the U.S. Government Printing Office Access CFR Web site.

What is the FOIA?

The FOIA allows the general public including foreign citizens, military and civilian personnel acting as private citizens, to request records electronically or in writing from the Federal Government. Some records are released to the public under the FOIA, and may therefore reflect deletion of some information in accordance with the FOIA's nine statutory exemptions or two law enforcement record exclusions.

The four basic guidelines for submitting a FOIA request.

(1) Indicate that it is a FOIA request.

(2) Clearly identify the record(s) being sought and be specific on the type of documents. Avoid terms such as "requesting any and all documents" since this type of request generally requires clarification and responsive documents can include excessive costs for search and releasable documents.

NOTE: Recommend asking for "all releasable information" in your request. This allows the FOIA office to redact or remove information generally exempted under the FOIA program and process your request quicker. FOIA provides access to records and "is not" a forum for answering questions.

(3) Indicate a willingness to pay fees associated with the processing the request or, in the alternative, why a waiver may be appropriate. State an actual dollar amount versus a willingness to pay reasonable costs. This avoids guessing what is considered reasonable and you can be contacted should processing costs exceed your limit.

(4) Must provide contact information, such as a telephone number, email address, and/or mailing address, to assist the record search team in communicating and providing released records.

How to make a request

If you are seeking records on yourself, this is a Privacy Act request.  You will need to provide proof of identity.  At this time, all Privacy Act requests must be submitted by mailing directly to the National Guard Bureau address listed below.

NOTE: Air Force and Air National Guard affiliated requesters, to include military and civilian employees, should not use government equipment, supplies, stationery, postage, telephones, or official mail channels to make FOIA requests. Requests should be made through the US Postal Service. Though not required, it is recommended to use the USPS Certified Mail with Return Receipt services.

 

 

 

Where to Send a FOIA Request.

The Air National Guard has centralized all FOIA communications. FOIA requests, comments, or questions can be directed to:

 

OFFICE OF INFORMATION AND PRIVACY

THE NATIONAL GUARD BUREAU

111 S. GEORGE MASON DRIVE, BLDG 2

ARLINGTON, VA 22204

 

FOIA Costs. The FOIA allows fee charges based on the requester's category. There are three categories: commercial (pay search, review, and reproduction fees); educational, non-commercial scientific institution, and news media (pay reproduction fees; first 100 pages provided at no cost); and others (pay search and reproduction fees; first two hours search and 100 pages provided at no cost). The FOIA also allows waivers or reductions in fees if disclosing the information is in the public interest.

Please note the costs/fees are updated in accordance with 32 CFR Subparts 286.12 and 286.13.

The Debt Collection Act authorizes federal agencies to charge interest.  Interest charged is simple interest (computed on the original principal only) at the rate in effect at the time the debt became overdue.  The debt remains fixed for the duration of the debt.  The current value fund rate (CVFR) is posted at www.fms.treas.gov/cvfr.

Response Time. Normally, you can expect a response to your FOIA request within 20 business days from the date the proper FOIA office receives it. If special situations exist, the FOIA office will contact you with an estimated completion date and explain the reason for delay. The Air Force works requests on a first-in, first-out basis.

Appeals.  You may file an administrative appeal with the Air Force if records responsive to your request are withheld in full or partially denied or if your request for expedited processing or a fee waiver is denied. Your appeal must be received within ninety (90) calendar days from the date of your final response letter. You may submit an appeal by mail to the National Guard Bureau via the aforementioned address. Please be specific about why you are submitting the appeal and provide any additional information, if possible.

FOIA Exemptions. The FOIA provides access to federal agency records (or parts of those records) except those protected from release by nine specific exemptions. These are the reasons some Air Force records may not be released:

(1) Classified

(2) Internal personnel rules and practices

(3) Exempt by other statute

(4) Commercial information that would cause competitive harm

(5) Pre-decisional, deliberative information

(6) Invasion of personal privacy

(7) Compiled for law enforcement purposes

(8) Records for the use of any agency responsible for the regulation or supervision of financial institutions

(9) Records containing geological and geophysical information (including maps) concerning wells

You have the right to appeal all denial decisions within 90 days. Send appeals to the Secretary of the Air Force through the office that initially denied you the information.

 

Many offices create records with no release restrictions and will provide them, on request, without citing FOIA. Many are electronically available via the internet. Examples are biographies, fact sheets, Air Force and Air National Guard publications, and historical records. The National Personnel Records Center keeps copies of personnel records on former military and civilian personnel.