What is the FOIA?
The Freedom of Information Act (FOIA) is a Federal law that establishes the publics right to request existing records from Federal Government agencies. The FOIA provides for prompt, maximum release of DOD records to the public unless such requested records are specifically exempt from mandatory public disclosure under the FOIA. Only the Secretary of the Army and the Initial Denial Authority (IDA) may deny a request for Army records.
The FOIA is a Federal law that establishes the public’s right to request existing records from Federal government agencies. The Act, known by its legal cite as 5 U.S.C. 552, along with the Department of Defense (DoD) Regulation 5400.7-R, “Department of Defense Freedom of Information Act Program,” can be found at Part 286 of Chapter 32 of the Code of Federal Regulations, which is available in most libraries. It can also be purchased from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161. Who can file a request? Any “person” can file a FOIA request, including U.S. citizens, foreign nationals, organizations, universities, businesses and state and local governments, but not including a Federal Agency or a fugitive from the law. DoD 5400.7-R, paragraph C1.4.2. What kinds of information can be requested? A FOIA request can be made for any record, regardless of physical form or characteristics, in DTIC’s possession at the time a request is made and