In what order will your agency process my request for information?
 

Every requester is entitled to courteous treatment, serious consideration of his or her request, a reasonable search, careful review of the responsive documents, if any, and a response as quickly as possible.

 

Why didn’t I get what I asked for?
 

The Freedom of Information Act authorizes government agencies to protect certain information from release, including, but not limited to, information that is currently and properly classified. All requesters receive an explanation of these exemptions with the Agency’s response. Our agency cannot withhold requested, responsive information unless one of the nine of the FOIA’s exemptions applies.

 What is a record?

A record is the product(s) of data compilation, such as books, papers, maps, and photographs, machine readable materials, inclusive of this in electronic form or format, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law in connection is the transaction of public business and in Department of Defense possession and in control at the time the FOIA request is made.

 Can we ask questions under the FOIA?

I need a fast response;
how can I get expedited treatment for my request?
 

Our agency will approve requests for expedited processing only when the requester has demonstrated a “compelling need” to the satisfaction of our agency. The FOIA statute and the Agency’s regulations define a “compelling need” as:

• a matter involving imminent threat to the life or safety of an individual; or
• present when a person primarily engaged in disseminating information asks for information relevant to a matter of public urgency regarding actual or alleged federal government activity.

When our agency grants a request for expedited processing, the request moves to the head of the processing line. Therefore, once our agency has started to process a FOIA request, a request for expedited processing becomes moot. Our agency must decide whether to grant a request for expedited processing within 10 calendar days of receiving a proper request.

What are the reasons for not releasing a record?
 

There are several reasons why USAINSCOM may not release a record when a request is made under the FOIA. They are:

• The request is transferred to another DOD component or Federal agency.
• USAINSCOM determines through knowledge of its files and reasonable search efforts that it neither controls nor otherwise possesses the requested record.
• A record has not been described with sufficient detail to enable USAINSCOM to locate it by conducting a reasonable search.
• The requestor has failed unreasonably to comply with procedural requirements, including payment of fees imposed.
• The request is withdrawn by the requester.
• The information requested is not a record within the meaning of the FOIA, and the DOD regulation.
• The record is denied in whole or in part in accordance with exemptions set forth in the FOIA and the DOD regulation.

 

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 within 60 days.

Do I have to pay for a FOIA request?
 

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 DOD. The FOIA requires that requesters be placed into one of the following 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. Again, 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 public 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 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. Fee waivers may be granted when disclosure of the records is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government. The following factors are weighed in making the 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 information is not primarily in the commercial interest of the requester.
• The ability of the requester to disseminate the information