The Freedom of Information Act (FOIA) generally provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions, or by one of three special law enforcement record exclusions ((b)(7)).
The Freedom of Information Act Program (DoDR 5400.7_AFMAN33-302) allows the general public including foreign citizens, military and civilian personnel acting as private citizens, to request records electronically or in writing from the Federal Government. Some records are released to the public under the Freedom of Information Act, and may therefore reflect deletion of some information in accordance with the FOIA's nine statutory exemptions or two law enforcement record exclusions. A consolidated list of such records is on Office of Freedom of Information site and the U.S. Air Force FOIA site. Currently the law allows 20 working days to process a FOIA request upon receipt of the request in the FOIA office.
Air Force policy is to deny requests for lists of e-mail addresses (both personal and organizational) using FOIA exemption (b)(6). We rely on FOIA exemption (b)(6) when denying lists of personal e-mail addresses. High (b)(2) is no longer to be used to protect internal information, the disclosure of which would risk circumvention of a statute or agency regulation. Because DOD e-mail systems are to be used only for official and authorized purposes, the addresses are considered primarily internal. The regulations at issue that could be circumvented include DOD and AF regulations that require us to limit use of e-mail to authorized purposes, and to protect the security of your computer and information systems. Exemption (b)(6) protects information that if released would permit a clearly unwarranted invasion of personal privacy. This does not prohibit an organization from including a single e-mail address on a Web page of in correspondence.
Send requests for 27 Special Operations Wing records to:
100 Air Commando Way
Cannon AFB, N.M. 88103
Please ensure you mention "FOIA" and indicate a willingness to pay fees associated with the processing of your request or, in the alternative, why a waiver of fees may be appropriate.
Written requests may be received by postal service, facsimile or electronically at https://www.efoia.af.mil/palMain.aspx. Please be sure to include the information described on the web page needed to fulfill your request. Faxed or e-mailed requests must have a mailing address included since it may not be practical to provide a substantive response electronically.
Members of the public, including foreign citizens, military and civilian personnel acting as private citizens, organizations and businesses, and individual members of the Congress for themselves or constituents, may request records in writing. It is important to remember that the Freedom of Information Act applies only to federal agencies. It does not create a right of access to records held by Congress, the courts, state or local government agencies, or by private businesses or individuals. Each state has its own public access laws that should by consulted for access to state and local records.
ARE YOU SEEKING A RECORD THAT IS CURRENTLY CLASSIFIED?
Mandatory Declassification Review: Executive Order 13526 allows you to request declassification of classified records. If you are only seeking a copy of a record or records that are currently classified, and would like the record reviewed for appropriate declassification and release, you should file a Mandatory Declassification Review request. Mandatory Declassification Review is a provision of Presidential Executive Order 13526 that allows members of the public to request a mandatory declassification review of a classified document in order to obtain a releasable version of the document. The desired document requested must be specified in sufficient detail that it can be readily located. The record in question may not be the subject of litigation. The mandatory declassification review process can be a very timely and in-depth, due to the classification of materials being reviewed by internal and outside agencies. MDR decisions can be administratively appealed to the Headquarters Air Force/AAII (Mandatory Declassification Review) or Interagency Security Classification Appeals Panel (ISCAP). Requests for review and release of classified records under the MDR process can be made to:
Headquarters Air Force/AAII (Mandatory Declassification Review)
1000 Air Force Pentagon
Washington, DC 20330-1000
Telephone: (703) 695-2226
The FOIA allows fee charges based on the requester's category. There are three categories:
- commercial (pay search, review and reproduction fees)
- educational, non-commercial scientific institution and news media (pay reproduction fees; first 100 pages provided at no cost)
- others (pay search and reproduction fees; first two hours search and 100 pages provided at no cost)
For information on FOIA fees, read PART 286 -- DOD FREEDOM OF INFORMATION ACT PROGRAM REGULATION click here