Freedom of Information Act

GOVERNMENT EMPLOYEES – READ BEFORE SUBMITTING A REQUEST:

IAW Army Regulation 25-55, Soldiers and civilian employees of the Department of the Army (DA) may, as private citizens, request DA or other agencies' records under the FOIA.  They must prepare requests at their own expense and on their own time.  They may not use Government equipment, supplies, or postage to prepare personal FOIA requests.

PERFECTING YOUR REQUEST:

Provide a written request for Army records that reasonably describes the record(s) sought, that either explicitly or implicitly invokes the FOIA.  Generally, a record is reasonably described when the description contains sufficient file related information (type of document, title, subject area, date of creation, originator, etc.); or the request contains enough event-related information (date and circumstances surrounding the event the record covers) to permit the conduct of an organized, nonrandom search.)

All requesters must indicate a willingness to pay fees associated with the processing of their request (up to a particular dollar amount).  Requesters may request a fee waiver (discussed below) but must provide a specific dollar amount in case of a fee waiver denial. 32 CFR Part 286, Subpart E, 286.12, Schedule of fees. https://www.ecfr.gov/current/title-32/part-286/subpart-E.

Written requests may be received by postal service or other commercial delivery means, or electronically (such as e-mail).  Requests must include a personal email or postal mailing address.

Failure to provide the information above will result in processing delays.

Click here for a FOIA Request Template.

 REQUEST FOR RECORDS RELATED TO OR SPECIFICALLY ABOUT THE REQUESTER:

A requester who is making a request for records about himself or herself, regardless of whether the records are in a Privacy Act system of records, must comply with the verification of identity requirements as determined by the DoD Component in accordance with 32 CFR part 310.3(c) through (e).

The requester must sign the request and have it notarized or submit the request under 28 U.S.C. 1746, a law that permits unsworn statements to be made under penalty of perjury as a substitute for notarization. To assist with the identification and location of requested records, when requested in the access procedures of the applicable SORN, the requester may also, at his or her option, include his or her DoD Identification Number (DoD ID Number) or Social Security Number (SSN). Providing a DoD ID Number or SSN should be appropriate for the type of record being sought.

Use the FOIA Request Template above and the Verification of Identity form below.

Click here for a verification of identity form.

TO REQUEST LAW ENFORCEMENT RECORDS, such as traffic accidents and military police reports.

Identity verification must be provided with written request (below).

 Please select if you are willing to accept a redacted copy or if you are not willing to accept a redacted copy.

Accepting a redacted copy will speed up processing times and does not prejudice your right to request the redacted information at a later date.

Click here for FOIA Request Template MP Reports/Verification of Identity

Submit Completed Signed Request and ID Verification To: michael.c.jinks.civ@army.mil

 FEE WAIVERS:

DoD Components shall charge for processing requests under the FOIA in accordance with the provisions of this section and with the OMB Guidelines. A requester’s inability to pay fees is not a basis for granting a fee waiver.

(l) Requirements for waiver or reduction of fees.

(1) Requesters may seek a waiver of fees by submitting a written application specifically demonstrating how disclosure of the requested information is in the public interest.

(2) A DoD Component will furnish records responsive to a request without charge or at a reduced rate when it determines, based on all available information, that the following three factors are satisfied:

(i) Disclosure of the requested information would shed light on the operations or activities of the government. The subject of the request must concern identifiable operations or activities of the Federal Government with a connection that is direct and clear, not remote or attenuated. (ii) Disclosure of the requested information would be likely to contribute significantly to public understanding of those operations or activities. This factor is satisfied when the following criteria are met:

(A) Disclosure of the requested records must be meaningfully informative about government operations or activities. The disclosure of information that already is in the public domain, in either the same or a substantially identical form, would not be meaningfully informative if nothing new would be added to the public's understanding. (B) The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area as well as the requester's ability and intention to effectively convey information to the public shall be considered. DoD Components will presume that a representative of the news media satisfies this criterion.

(iii) The disclosure must not be primarily in the commercial interest of the requester. To determine whether disclosure of the requested information is primarily in the commercial interest of the requester, DoD Components shall consider the following criteria:

(A)   DoD Components will identify whether the requester has any commercial interest that would be furthered by the requested disclosure. A commercial interest includes any commercial, trade, or profit interest. Requesters will be given an opportunity to provide explanatory information regarding this consideration. (B) If there is an identified commercial interest, the DoD Component will determine whether that is the primary interest furthered by the request.

REQUEST FOR EXPEDITED PROCESSING:

The FOIA establishes two reasons for expediting the processing of initial FOIA requests: Compelling need and other cases determined by the agency. See 5 U.S.C. 552(a)(6)(E).

Compelling need. Expedited processing is granted to a requester upon a specific request for such and when the requester demonstrates a compelling need for the information. A compelling need exists when:

(A) The failure to obtain requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual, or

(B) The information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged government activity.

32 CFR 286.8(e)(3) A requester who seeks expedited processing must submit a statement, certified to be true and correct, explaining in detail the basis for making the request for expedited processing. For requesters seeking expedited processing under paragraph (e)(1)(i)(B) of this section, a requester who is not a full-time member of the news media must establish that the requester is a person whose primary professional activity or occupation is information dissemination, and not an incidental or secondary activity, though it need not be the requester's sole occupation. Such a requester also must establish a particular urgency to inform the public about the government activity involved in the request—one that extends beyond the public's right to know about government activity generally. The existence of numerous articles published on a given subject can be helpful in establishing the requirement that there be an “urgency to inform” the public on the topic. Requests for expedited processing under paragraph (e)(1)(ii)(A) of this section must include a description of the due process rights that would be lost. This statement must be with the request for expedited processing for it to be considered and responded to within the 10 calendar days required for decisions on expedited access.

Submit FOIA Request and other documentation to:

usarmy.leavenworth.imcom.mbx.foia-officer@army.mil

PUBLIC INFORMATION:

The Army makes certain types of records available, specifically reports that fall under document category (a)(2)(D) of 5 USC 552, “Records released to the public under the FOIA, that are or will likely become the subject of subsequent requests.” You may review these reports by going to The Army Reading Room.

Army FOIA Reading Room:

https://www.rmda.army.mil/readingroom/index.aspx

For Records for other Government Agencies: https://www.foia.gov/

For other than Fort Leavenworth Army Records: https://www.foia.gov/agency-search.html?id=d579e5b4-a69a-4d5c-aa2c-467fe92c3021&type=component