FOIA

The Freedom of Information Act (FOIA)

Program Purpose:

The Freedom of Information Act (FOIA) generally provides that any person, including U.S. citizens, foreign nationals, organizations, universities, businesses, and state and local governments has the right to federal records, enforceable in court, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions. FOIA requests can be made for any reason, with no showing of relevancy required, and FOIA requesters are under no requirement to explain or justify their requests. The FOIA does not require federal agencies to answer questions, render opinions, or provide subjective evaluations.  These exemptions may be withheld by the Initial Denial Authority in whole or in part under the FOIA, unless prescribed by law.  Under Army Regulation 25-55, The Army Freedom of Information Act Program, an Initial Denial Authority (IDA) must make initial determinations to release or withhold records under the FOIA. If the request is initially denied in whole or in part under one or more of the exemptions or denied for some other reason, the requester has the right to appeal within sixty (60) days through the agency/IDA that denied the records. That agency/IDA will then forward the appeal package to the Army Office of General Counsel.

The relationship between the Privacy Act and the Freedom of Information Act

A Privacy Act request in accordance with the Army Privacy Program, Army Regulation 340-21 for access to records will be processed also as a Freedom of Information Act request. If all or any portion of the requested material is to be denied, it must be considered under the substantive provisions of both the Privacy Act and the Freedom of Information Act. Any withholding of information must be justified by asserting a legally applicable exemption in each Act.

The principles of government openness and accountability underlying the FOIA are inherent in the democratic ideal: The basic purpose of the FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society.

The Freedom of Information Act, which is known by its legal cite as 5 U.S.C. § 552, along with the DoD Regulation, governs how requests will be processed within the DoD. 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.  The U.S. Army Family & Morale, Welfare & Recreation Command (NAF Contracting Directorate) administers the Freedom of Information Act (FOIA)/Privacy Act (PA) Programs in compliance with 5 USC 552 (as amended), 32 CFR 518, DoD Directive 5400.7, and AR 25-55, and AR 340-21.

How to make a FOIA Request:

You will need to cite the FOIA authority and describe the specific records you are requesting in enough detail so that they can be located with a reasonable amount of effort and you must declare the requester's category for assessment of Fees. Generally, a record is reasonably described when the description contains sufficient file-related information (type of document, title, subject area, date of creation, contract number, 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, non-random search. When the FMWRC FOIA Office receive your FOIA request, a FOIA manager will send you a letter or electronic response e.g. email (if you provide an email address) acknowledging the request. If you do not provide the necessary information, a FOIA manager will advise you of what additional information is required before further processing your request. No reply can be given if the requested information is not furnished. In addition, your request may be referred to another Federal agency if the record(s) you seek originated with that agency. In order to protect your privacy as well as the privacy of others, whenever you request information about yourself you will be asked to provide either a notarized statement or a statement signed under penalty of perjury stating that you are the person that you say you are.

Where to Submit my Request?

Each federal agency is responsible for meeting the Freedom of Information Act (FOIA) requirement for their agencies records. FOIA requesters, who have questions concerning the status of their request, or the agency’s response, should refer to the US Army FOIA Requester Service Centers List. This listing will assist you in determining where best to submit your FOIA status request.

There are several ways to submit a request. You may mail your inquiry, hand-carry it, fax it, or send it electronically. Electronic requests are permitted unless a signature is required, such as a request for records subject to the Privacy Act. Electronic requests should include the notation "Freedom of Information Act Request" in the subject. Mark your request and envelope "FOIA." Include your complete postal service mailing address on your request.

FOIA status requests for records pertaining to MWR Activities or Organizations will be submitted to this center. By Mail: Please include a copy of the FOIA Status Request, label your request “FOIA/PA Status Request” on the envelope, and address your request to below addresses. If electronically, then place “FOIA/PA Status Request” in the subject line of your email to ArmyNCFOIA@conus.army.mil .

Mail your written request to:
Family and Morale, Welfare and Recreation Command
4700 King Street, Summit Building, 5th Floor
Attn: Freedom of Information Office
Alexandria, VA 22302-4415

Submit FOIA Electronic Request to:
ArmyNCFOIA@conus.army.mil

Handcarry your request to: (Hours of Operation 0800-1630 Eastern Time Monday-Friday)
Family and Morale, Welfare and Recreation Command
4700 King Street, Summit Building
Attn: Freedom of Information Office
Alexandria VA 22302-4415

Fax your request to:
Family and Morale, Welfare and Recreation Command
4700 King Street, Summit Building, 5th Floor
Attn: Freedom of Information Office
(703) 275-5230

FMWRC FOIA Requester Service Center Hours of Operation:

The FMWRC FOIA Requester Service Center Hours of Operation are 0800-1630 Eastern Time, Monday-Friday.

Other Important Information

To assist you with your request, we have provided information on the authority, procedures, rules and regulations pertinent to the Family and Morale, Welfare and Recreation Command’s processing of Freedom of Information Act (FOIA) and Privacy requests. Also provided are resource links to various sites, which you may find helpful in understanding and interpreting the Acts.

[Return to NAF Contracting}