does not give the news media the right to push human
dignity and decency aside.
Additional information on the PA may be found in
SECNAVINST 5211.5 series or in PA Regs, Chapter 7.
THE FREEDOM OF INFORMATION
ACT
LEARNING OBJECTIVE: Identify the basic
provisions of the Freedom of Information Act.
The Freedom of Information Act (FOIA) was
established in 1966 to give the public the right to access
records of the executive branch of the federal
government. It established for the first time in U.S.
history the right of “any person” to seek access to these
records.
More than 40,000 FOIA requests are received
annually from organizations and individuals. Requests
center on the programs and activities of the DoD,
including (but not limited to) the following:
. Projected retirees
l Decklogs
l Investigations
l Contracts
l Nuclear weapons
l Disposal of toxic substances
AGENCY RECORDS
The FOIA provides for access to U.S. government
“agency records” — simply stated, products that result
from the gathering of data. They may include records
originated by the agency or those it has received and
maintained at the time of the FOIA request. Some
examples of agency records include the following:
l
l
l
l
l
Books
Papers
Maps
Photographs
Machine-readable materials or other
documentary materials regardless of physical
form or characteristics
You also must be aware of the records that do not
qualify for release under the FOIA. Some of these
records include the following:
l
l
l
l
l
Objects or articles (such as structures, furniture,
paintings, sculpture, three-dimensional models,
vehicles and equipment)
Administrative tools (such as computer soft-
ware)
Nontangible records (such as an individual’s
memory or oral communication)
Personal records not subject to agency creation/
retention (such as notes to jog the memory of an
employee)
Unaltered publications and processed documents
available to the public through other means (such
as regulations, maps and manuals)
FOIA REQUEST FORMAT
A request for an agency record under the FOIA must
follow a specific format. First, and most important,
make sure the request is in writing. Do not process
verbal requests, whether in person or on the telephone.
Additionally, the request must indicate that it is made
under the provisions of the Department of the Navy
Freedom of Information Act (FOIA) Program,
SECNAVINST 5720.42 series, or its parent directives,
DoD 5400.7 or DoD 5400.7-R.
The request also must contain a reasonable
description of the record(s) requested. This will enable
you or others in your office to research the request with
more efficiency.
FOIA FEES
All fees related to an FOIA request must be paid by
the organization or person making the request. For
commercial requesters, fees are assessed for the search,
review and duplication of the requested records. All fees
or under are automatically waived. However, in the
case of educational institutions, noncommercial
scientific institutions and news media representatives,
fees can only be assessed for duplication (after the first
100 pages). All fees and under may be waived.
FOIA ASSISTANCE
Occasionally, you will receive an FOIA request that
does not meet the format previously described. Since
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