Frequently Asked FOIA Questions


 

 

How do I make a FOIA request?

–          DKI APCSS  accepts online FOIA form submissions or mail form submissions.  Telephone and emailed requests are not accepted.  Please describe the specific record(s) you are seeking with sufficient detail that the record(s) can be located.  FOIA states that records must exist at the time the request is submitted to be considered.

Who may file a FOIA request?

–          Any person, including a member of the public (U.S. or foreign citizen), an organization, or business, but not including a Federal agency or a fugitive from the law, that either explicitly or implicitly invokes the FOIA, DOD Directive 5400.7.


What are my rights under FOIA?

–          You have the right to request records under the Freedom of Information Act.

–          You have the right to appeal any denial of records under the Freedom of Information Act.

–          You have the right to request a “fee waiver” if you can demonstrate that the requested record(s) is in the public interest and not primarily in the commercial interest of the requester.

–          Under Executive Order 13526, you have the right to request a review of specific documents for declassification and release to the public.

 As a member of the military (active or reserve) or as a Federal Government Civilian Employee, may I use Government Facilities to submit FOIA requests?

–          No.  FOIA requests are a personal matter and Government time, equipment, or facilities may not be used.

What if the record(s) I seek are not held by DKI APCSS?

–          If the records you seek are not held by DKI APCSS, your request will be forwarded to the appropriate agency as a referral.

How is my FOIA request processed?

–          You will receive a response to your request. Please keep in mind that the 20 working day response deadline begins when agency holding the record(s) receives your request and does not include Saturdays, Sundays, or legal holidays. In light of shrinking budgets, downsizing, the complexity of certain FOIA requests, the need for classification and legal review, and the number of FOIA requests DKI APCSS receives; some requests may take longer than 20 working days.  Please be patient; you will receive a response to your request. You can also check the status of your request online.

How much will my request cost?

–          There is no initial fee to file a FOIA Request, and in many cases no fee is charged.  Commercial use requesters are charged for search time, document review, and duplication. News media, educational, and scientific requesters are charged for duplication only, after the first 100 pages. All other requesters are charged for search time (after two hours) and duplication (after 100 pages).

Are fee waivers available?

–          You may submit a letter requesting a fee waiver.  However, fee waivers are limited to situations in which a requester can show that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.


If my FOIA request is denied, can I appeal the decision?

–          Yes.  If your request was initially denied in whole or in part, a letter will be sent to you advising you of the denial and your right to appeal.  You have the right to appeal the determination within 60 days.  If you wish to appeal, you must file your appeal with the correct appellate authority within 60 days.  The appellate agency for DKI APCSS is the FOIA Appeals and Policy Branch, DFOISR, Mr. Jim Hogan at 571-372-0463 or by email at foia.liason@whs.mil.  This information will be included on all returned requests that are denied in whole or in part.


To whom do I address any questions concerning the status of my FOIA Request?

–          The status of a submitted FOIA Request can be viewed online under the Request Status page.  For other questions, please check first to see if your question has been covered in the Reading Room.  For all remaining inquiries, please contact DKI APCSS FOIA Requestor Service Center.

Telephone – (808) 564-5088

Email – apcssfoia@apcss.net

Fax – (808) 971-8999

 

 

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