FOIA is a disclosure statute. Information is considered to be releasable unless it falls under one of the nine FOIA exemptions (b)(1) through (b)(9). The FOIA applies to records either created or obtained by an agency and under agency control at the time of the FOIA request. Agencies within the executive branch of the federal government, including the Executive Office of the President and independent regulatory agencies are subject to the FOIA. State governments, municipal corporations, the courts, Congress and private citizens are not subject to the FOIA. The Freedom of Information Act Program (DODR 5400.7) 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 Defense Link 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.

Fees are assessed depending on which group the request falls into:

Category 1: Commercial. Requesters pay all search, review, and duplication.

Category 2: Educational or Noncommercial Scientific Institution or News Media. Requesters get the first 100 copies free and pay for additional copies.

Category 3: Others. Requesters get the first two hours of search and the first 100 copies free.

Fee Waivers: Documents shall be furnished without charge, or at a charge reduced below fees assessed to the categories of requesters in subsection. The component determines that waiver or reduction of the fees is in the public interest because furnishing the information is likely to contribute significantly to public understanding of the operations or activities of the Department of Defense and is not primarily in the commercial interest of the requester.

Expedite: An expedited request is when a requester asks for expedited processing and explains the compelling need (imminent threat to life or physical safety; urgently needed by a person primarily engaged in disseminating information; due process; or humanitarian need) for the requested information. In order to receive expedited processing, requesters must provide a statement certifying their "demonstration" (description) of their specific "compelling need" or due process/humanitarian need is true and correct to the best of their knowledge. When a requester seeks expedited processing, FOIA offices must respond in writing to the requester within 10 calendar days after receipt of the request approving or denying their request for expedited processing. Requesters have a right to appeal an adverse decision (e.g., when it is determined their requests will not be expedited). Expedited processing moves your request to the top of the queue, but it is still processed within the 20 workdays allowed by law.

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
Email: usaf.pentagon.saf-aa.mbx.mdr-workflow@mail.mil

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. Air Force-affiliated requesters, to include military and civilian employees, should not use government equipment, supplies, stationery, postage, telephones, or official mail channels to make FOIA requests. Requests should be made through personal e-mail or postal service.