The Freedom of Information Act
(FOIA)
A Guide for Making a FOIA Request to the U.S. Army Audit Agency (USAAA)
Printable Version (PDF, 44KB)
I. What is the FOIA?
The FOIA, Title 5, United States Code, Section 552, was signed into law on July 4, 1966, by President
Lyndon Johnson. Since then, the FOIA has been amended in 1974, 1986, and most recently, with the enactment
of the Electronic Freedom of Information Act Amendments of 1996 (E-FOIA). The FOIA assumes that government
records are available to the public. It therefore requires the government to justify why records should not
be disclosed. Where there is disagreement with the government’s decision to withhold these records, FOIA
provides the requester with judicial remedies.
The FOIA applies to records created and maintained by agencies in the executive branch of the federal
government, such as the USAAA. The FOIA does not apply to Congress, the federal judiciary, or to state or
local governments. Many state governments have enacted open records laws. The attorney general of a state
can provide information about that state's laws.
Pursuant to the FOIA, agencies generally provide records - not information - when responding to FOIA
requests. This means that agencies are not required to create a record or answer questions when responding
to FOIA requests.
II. FOIA Exemptions
Even though the FOIA is primarily a disclosure law, not all records requested are automatically released.
The FOIA has provided nine exemptions which allow certain information that may be contained in records or
the entire record to be withheld from public disclosure. The exemptions apply to records that are about:
- National defense and foreign policy;
- Internal personnel rules and practices;
- Records exempted by other statutes;
- Trade secrets and confidential commercial;
- Internal memoranda;
- Clearly unwarranted invasion of personal privacy;
- Law enforcement;
- Records on financial institutions; and
- Geological and Geophysical information and data including maps, on wells.
Reasonably segregable nonexempt information will be released unless it is inextricably intertwined with
exempt material. Agencies are encouraged to make discretionary releases of information in cases in which
no foreseeable harm from the release of the information can be determined.
Generally, you have a right to a decision on whether the requested records will be provided within 20
working days of receipt of your request. However, under certain circumstances, some requests may take
longer to complete. If we determine we will need additional time to complete your request or if your
request is referred to another agency we will notify you.
If we initially deny your request in whole or in part or if we were unable to locate records, we will
advise you of your right to appeal our determination as well as the judicial remedies available to you.
Appeals should be sent to the same address to which requests are made. The envelope and letter of appeal
should be clearly identifiable by using the marking "Freedom of Information Appeal".
All requests made pursuant to the FOIA are a matter of public record with personal information about
requesters deleted.
III. How to Submit a FOIA Request
FOIA requests to the USAAA may be submitted in writing, telephonically, by fax, or e-mail. Please clearly mark the
mailing envelope, fax, or e-mail "Freedom of Information Act Request." You may contact the USAAA FOIA
program at the following address/phone number:
Freedom of Information Officer
United States Army Audit Agency
3101 Park Center Drive, Suite 1315B
Alexandria, VA 22302
703-681-1426
You may FAX your FOIA request to 703-681-3308 or e-mail to AAAFOIALiaison@conus.army.mil
FOIA requestors who have questions concerning the processing of their requests or are not satisfied with the
response from the center, may contact the FOIA Public Liaison Officer, Mr. Barry Stephens, at 703-681-4298 or
e-mail to AAAFOIALiaison@conus.army.mil
Not only is the USAAA responsible for processing FOIA requests for the USAAA Headquarters but also
has oversight responsibility for the processing of FOIA request for records located at each of its
field offices.
IV. What You Need to Tell Us
When making a FOIA request provide us the following information:
(a) your name, address, telephone number, and e-mail address where you can be reached during the day
in case additional information is needed;
(b) write the words "FOIA REQUEST" on the envelope, email subject line or fax cover sheet;
(c) try to be as specific as possible in identifying the records you want to obtain. For example,
provide a time frame in which documents were created, project/program name, applicable numbers for
reports and other documents, organization involved, name of individuals involved, etc.;
(d) specify the format you wish the records provided in; i.e., paper copy, floppy disk, etc.;
(e) state your willingness to pay reasonable fees incurred during the processing of your request
(as explained below).
V. There May Be Costs Incurred
In accordance with provisions of the FOIA, requesters may be required to pay fees for obtaining and
copying of requested records. The USAAA FOIA Program will advise you if your request will require
the payment of fees. You may request a waiver or reduction of fees at the time you submit your initial
request for records pursuant to the FOIA. Please include in any waiver request relevant facts or arguments that might support
the request for the fee waiver.
A requester may not file multiple requests at the same time, each seeking portions of records, solely
in order to avoid payment of fees.
Should you wish to request other ARMY records you should go to the following website:
https://www.rmda.army.mil/organization/foia.shtml
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