What a FOIA request gets you, and what it does not
Most requests that stall do so because of a mismatch between what the requester expected and what the statute provides. Read this page first. It takes about two minutes and it will shape how you word your request.
A search of the records that exist
FOIA reaches records the Army already holds. It does not require the Army to create a new record, answer a question, or research a topic on your behalf. Describing the record you want, rather than the subject you are interested in, is what makes a search possible.
A determination within a statutory timeline
The Army has 20 business days from receipt to issue a determination. Complex requests, or requests needing consultation with another agency, may take longer. You are told when the clock started and what the due date is.
Reasonably segregable content, even in a partial release
If part of a record is exempt, the exempt portion is withheld and the rest is released. Where information is deleted, the amount deleted and the exemption relied on are indicated at the place of the deletion.
A written basis, and a route to challenge it
Every withholding cites the statutory exemption it rests on. If you disagree with a determination, you may file an administrative appeal within 90 calendar days, seek dispute resolution from the Office of Government Information Services, or seek judicial review.
What the Army may withhold
These are the nine statutory exemptions. A withholding must rest on one of them, and the citation appears on the released record itself.
- 5 U.S.C. 552(b)(1)Classified national security information
- Information properly classified in the interest of national defense or foreign policy. Classification is not a judgment about the request, and a classified record cannot be released in part.
- 5 U.S.C. 552(b)(3)Withheld by statute
- Information another statute specifically prohibits from disclosure, such as certain personnel records and technical data with military application.
- 5 U.S.C. 552(b)(4)Trade secrets, confidential commercial information
- A contractor's trade secrets and confidential commercial or financial information. Unit pricing is often withheld on this basis while totals are released.
- 5 U.S.C. 552(b)(5)Deliberative process
- Pre-decisional, deliberative material: recommendations, draft options, and internal give-and-take. The decision itself is generally releasable even when the deliberation is not.
- 5 U.S.C. 552(b)(6)Personal privacy
- Personal information whose release would be a clearly unwarranted invasion of privacy, such as home addresses, personal contact details, and medical detail.
- 5 U.S.C. 552(b)(7)(C)Law enforcement records, personal privacy
- Law enforcement records whose release could reasonably be expected to be an unwarranted invasion of the personal privacy of a subject, witness, or investigator.
Check the reading room first
Records released to an earlier requester are published, with their redactions, in the electronic reading room. If what you need is already there, you have it today instead of in 20 business days.
Search the reading room