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Like all federal agencies, the U.S. Army Test and Evaluation Command
(ATEC) generally is required under the Freedom of Information Act (FOIA)
to disclose records requested in writing by any person. However, it may
withhold information pursuant to nine exemptions and three exclusions
contained in the statute. The FOIA applies only to federal agencies and
does not create a right of access to records held by Congress, the
courts, or by state or local government agencies. Each state has its own
public access laws that should be consulted for access to state and local
records.
The FOIA, which is known by its legal cite as 5 U.S.C. 552, along with
the Department of Defense and Army Regulations, govern how requests will
be processed within the Army. The Army Regulation (AR) 25-55, The
Department of the Army FOIA Program, can be found at Part 518 of Chapter
32 of the Code of Federal Regulations, which is available in most
libraries. AR 25-55 may also be purchased from the National Technical
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161,
for $21.50, and may be found in the Army’s Electronic Reading Room.
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What is the FOIA?
The FOIA is a Federal law that establishes the public’s right to request
existing records from Federal Government agencies. See DOD
Freedom of Information Handbook
Who can file a FOIA request?
Any “person” can file a FOIA request, including U.S. citizens, foreign
nationals, organizations, universities, businesses, and state and local
governments.
Who is subject to the FOIA and what type of information can be
requested?
The FOIA’s scope includes Federal Executive Branch Departments, agencies,
and offices, Federal regulatory agencies, and Federal corporations.
Congress, the Federal Courts, and parts of the Executive Office of the
President are not subject to the FOIA. State and local governments are
likewise not subject to the Federal FOIA, but some states have their own
equivalent access laws for state records. What is a record?
A record is the product(s) of data compilation, such as all books,
papers, maps, and photographs, machine readable materials, inclusive of
those in electronic form or format, or other documentary materials,
regardless of physical form or characteristics, made or received by an
agency of the United States Government under Federal law in connection
with the transaction of public business and in Army possession and
control at the time the FOIA request is made.
Can we ask questions under the FOIA?
The FOIA does not require Federal Agencies to answer questions, render
opinions, or provide subjective evaluations. Requesters must ask for
existing records, such as those mentioned above.
How do I file a FOIA request?
The Commander, United States Army Test And Evaluation Command (ATEC), is
authorized to act on requests for the records of ATEC Headquarters, its
subordinate commands, units, and activities that relate to test and
evaluation operations.
Label your request “Freedom of Information Act Request,” preferably
within the request letter and on the envelope, and address the request to
the
U. S. Army Test and Evaluation Command,
ATTN: CSTE-IM, 4501 Ford Avenue,
Suite 870, Alexandria,
Virginia 22302-1458.
COMM: (703) 681-6341 DSN: 761-6341
FAX: (703) 681-7672
Email is FOIA.
If you are not satisfied with the response from this center, please
contact the FOIA Public Liaisons at the Army Freedom of Information Act
Office. Additional information is available on their website, listed
below.
Department of the Army
Freedom of Information Act Office
7701 Telegraph Rd Ste 144
Alexandria VA 22315-3905
Email: DAFOIA@conus.army.mil
Telephone: COMM (703) 428-6504 or DSN 328-6504
Facsimile: COMM (703) 428-6522 or DSN 328-6522
Website: https://www.rmda.army.mil/organization/foia.shtml
Army
Electronic FOIA Reading Room
If you do not know the location of the information you are seeking, you
may call or write the Department of the Army Freedom of Information and
Privacy Acts Office,
State your willingness to pay applicable fees. If you seek a fee waiver,
provide a justification for such a waiver. Describe the specific records
you are requesting in enough detail so that they can be located with a
reasonable amount of effort. Generally, a record is reasonably described
when the description contains sufficient file-related information (type
of document, title, subject area, date of creation, 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.
What are reasons for not releasing a record?
There are seven reasons why the Army may not release a record requested
under FOIA. They are:
 The request
is transferred to another Army Component or Federal agency.
The Army
Component determines through knowledge of its files and reasonable search
efforts that it neither controls nor otherwise possesses the requested
record.
A record has
not been described with sufficient detail to enable the Army Component to
locate it by conducting a reasonable search.
The
requester has failed unreasonably to comply with procedural requirements,
including payment of fees, imposed by the FOIA and AR 25-55.
The request
is withdrawn by the requester.
The
information requested is not a record within the meaning of the FOIA and
the AR 25-55.
The record
is denied in whole or part in accordance with procedures set forth in the
FOIA and AR 25-55. (See FOIA exemptions, below)
What are FOIA exemptions?
(b) (1) -- records currently and properly classified in theinterest of
national security;
(b) (2) -- records related solely to internal personnel rules and
practices, which, if released, would allow circumvention of an agency
function;
(b) (3) -- records protected by another law that specifically exempts the
information from public release;
(b) (4) -- trade secrets and commercial or financial information obtained
from a private source which would cause substantial competitive harm to
the source if disclosed;
(b) (5) -- internal records that are deliberative in nature and are part
of the decision making process that contain opinions and recommendations;
(b) (6) -- records which, if released, would result in a clearly
unwarranted invasion of personal privacy;
(b) (7) -- investigatory records or information compiled for law
enforcement purposes;
(b) (8) -- records for the use of an agency responsible for the
regulation or supervision of financial institutions; and
(b) (9) -- records containing geological and geophysical information
(including maps) concerning wells.
What is a denial?
When information is withheld, whether partially or fully, it constitutes
a denial under FOIA. A request may be denied for one or more of the
aforementioned exemptions. When this happens, you will be notified in
writing by the Initial Denial Authority (IDA) and given appeal rights.
IDAs are denial authorities for records that fall under their functional
areas as listed in Appendix A. If your request is denied partially you
will receive information that has portions deleted. Redacted records have
the denied information removed from where it was originally located
within the document. The appropriate exemption(s) for deletion of the
information should be listed next to the sanitized area(s) on the
document. There are usually two methods for sanitizing a document; one is
to blacken out the denied information, and the other is to completely
remove it.
Can I appeal a denial?
Yes. If your request is initially denied in whole or in part under one or
more of the above exemptions or denied for some other reason, you will be
advised of your appeal rights and the proper procedures for submitting
the appeal within 60 days. If you are not satisfied with the appeal
determination, you may seek a judicial review.
How long will it take for my request to be processed?
This is a difficult question to answer because of the size of Army and
its worldwide locations. In fairness to all requesters, the Army
processes requests in order by date of receipt and according to their
complexity. These are called easy and hard queuing tracks. Whenever
possible, an initial determination to release or deny a record is made
within 20 working days after receipt of the request by the official who
is designated to respond. However, due to the thousands of requests
received annually, requests must wait their turn in the Army Component’s
queuing tracks.
If unusual circumstances exist that preclude a timely response, that
office will give an estimated completion date and reason(s) for delay.
Unusual circumstances are:
1. Need to search for and collect the requested records from other
facilities that are separate from the office determined responsible for a
release or denial decision on the requested information.
2. The need to search for, collect, and examine a voluminous amount of
separate and distinct records which are requested in a single request.
3. The need for consultation, which shall be conducted with all
practicable speed, with other agencies having a substantial interest in
the determination of the request, or among two or more DoD Components
having a substantial subject-matter interest in the request.
How do I qualify for expedited processing of my request?
To receive expedited processing, the requester must demonstrate one of
the following compelling needs:
1. Failure to obtain the records on an expedited basis could reasonably
be expected to pose an imminent threat to the life or physical safety of
an individual.
2. Information is urgently needed by an individual primarily engaged in
disseminating information in order to inform the public concerning actual
or alleged Federal Government activity.
3. Other reasons that merit expedited processing are an imminent loss of
substantial due process rights and humanitarian need.
Do I have to pay for a FOIA request?
The FOIA allows fees to be charged to certain types of requesters, but it
also provides that waivers or reductions in fees be given if disclosing
the information is in the public interest. Public interest is defined as
information which significantly enhances the public’s knowledge of the
operations and activities of the Army. The FOIA requires that requesters
be placed into one of the below categories:
Commercial. Requesters who seek information for a use or purpose
that furthers their commercial, trade, or profit interest are considered
commercial requesters. Commercial requesters pay all fees for search,
review, and duplication.
Educational. Institutions of education, including preschools,
elementary or secondary schools and institutions of higher learning,
qualify as educational institutions. The records must be sought in
furtherance of scholarly research. Educational requesters pay only duplication
fees, unless it is determined that fees are waived or reduced in the
public interest. The first 100 pages are provided at no cost.
Non-Commercial Scientific. A non-commercial scientific institution
is operated solely for conducting scientific research. The records must
be sought in furtherance of scientific research. Like educational
requesters, these requesters pay only duplication fees, unless it is
determined that fees are waived or reduced in the public interest. The
first 100 pages are provided at no cost.
News Media. A representative of the news media is a person
actively gathering news for an entity organized and operated to publicize
or broadcast news to the public. News media pay only duplication fees,
unless it is determined that fees are waived or reduced in the public
interest. Again, the first 100 pages are provided at no cost.
“Other” Requester. Requesters who do not qualify in another
category are considered “other” requesters, and normally make requests
for agency records for their personal use. “Other” requesters receive two
hours search, all review costs, and the first 100 pages at no cost.
All requesters should submit a willingness to pay fees regardless of the
fee category, however, this does not mean you will be charged fees.
Except for commercial requesters whose fees total more than $15, waivers
are always considered. Fee waivers may be granted when disclosure of the
records is in the public interest because it is likely to contribute
significantly to public understanding of the operations or activities of
the government. The following factors are weighed in making a fee waiver
determination.
The subject of the request.
The informative value of the information to be disclosed.
The contribution to an understanding of the subject by the general public
likely to result from the disclosure.
The significance of the contribution to public understanding. Disclosure
of the information is not primarily in the commercial interest of the
requester.
The ability of the requester to disseminate the information.
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