Freedom of Information Act Requests

This office processes requests for Naval Air Warfare Center Training Systems Division (NAWCTSD) Orlando records under the Freedom of Information Act, 5 U.S.C. 552.

It adheres to the policy and disclosure regulations set forth in 32 CFR Part 286 and is responsible for implementation of objectives and policies of the Secretary of the Navy's Freedom of Information Act Program, SECNAVINST 5720.42G.

To Submit A FOIA Request

1. There are two options available to submit FOIA requests for NAWCTSD records:

• Submit a request through Deloitte Secure Release website https://www.securerelease.us/
• Mail to: Naval Air Warfare Center Training Systems Division, ATTN: FOIA Coordinator, 12211 Science Drive, Orlando FL 32826-3224

2. Your request must be in writing and should state “This is a Freedom of Information Act Request”.

3. Describe the specific record(s) under the cognizance of Naval Air Warfare Center Training Systems Division you are seeking with enough detail so that a knowledgeable agency official can locate the record(s) with a reasonable amount of effort. Details should include descriptive information, time frame to be searched, full names and any other information that may assist in identifying the subject of the request.

4. The more information provided, the better opportunity there is to determine if the records still exist and where. The Freedom of Information Act clearly states that records must exist at the time of the request. Agencies are not required to create a record(s) to comply with your request. Also, the Freedom of Information Act does not require agencies to answer questions, venture opinions, or conduct independent inquiries to satisfy queries from the public. Please ensure your request asks for records, not answers to questions.

5. Freedom of Information Act authorizes agencies to estimate and collect fees associated with the search for, review and duplication of federal records. State your willingness to pay for all fees or those fees up to a specified amount. If requesting a fee waiver, please provide supporting information or documentation to justify a fee waiver under 5 U.S.C. 552 (a)(4)(A).

6. If requesting expedited processing of your FOIA request, please provide supporting information or documentation to justify expediting your request under 5 U.S.C. 552 (a)(6)(E).

7. Be sure to include your name, email address, complete mailing address, and phone number. Per DoD 5400.7-R_AFMAN 33-302, C1.4.3.1 (Added), armed forces military and civilian employees should not use government equipment, supplies, stationary, postage, telephones, or official email or mail channels to make FOIA requests. FOIA requests must be made utilizing non-government resources.

8. Please note:
Not all records are required to be released under the FOIA. Congress established nine exemptions from disclosure for certain categories of information to protect against certain harms, such as an invasion of personal privacy, or harm to law enforcement investigations. The FOIA authorized agencies to withhold information when they reasonably foresee that disclosure would harm an interest protected by one of these nine exemptions.

The nine exemptions are described below.
 •    Exemption 1: Information that is classified to protect national security.
 •    Exemption 2: Information related solely to the internal personnel rules and practices of an agency.
 •    Exemption 3: Information that is prohibited from disclosure by another federal law. Statutes that qualify under Exemption 3 can be found at                         https://www.justice.gov/oip/foia-resources#s4  
 •    Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged. 
 •    Exemption 5: Privileged communications within or between agencies, including those protected by the:
    1.    Deliberative Process Privilege (provided the records were created less than 25 years before the date on which they were requested)
    2.    Attorney-Work Product Privilege
    3.    Attorney-Client Privilege
    4.    Presidential Communications Privilege
 •    Exemption 6: Information that, if disclosed, would invade another individual’s personal privacy.
 •    Exemption 7: Information compiled for law enforcement purposes that:
    o    7(A). Could reasonably be expected to interfere with enforcement proceedings
    o    7(B). Would deprive a person of a right to a fair trial or an impartial adjudication
    o    7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy
    o    7(D). Could reasonably be expected to disclose the identity of a confidential source
    o    7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law
    o    7(F). Could reasonably be expected to endanger the life or physical safety of any individual
 •    Exemption 8: Information that concerns the supervision of financial institutions.
 •    Exemption 9: Geological information on wells.

Additionally, there are three exclusions where records are not subject to the requirements of the FOIA and any excluded records are not part of the response provided by the agency: 
 •    Exclusion 1: Protects against disclosure of a pending criminal law enforcement investigation where there is reason to believe the target is unaware of the investigation and disclosure of its existence could reasonably be expected to interfere with enforcement proceedings.
 •    Exclusion 2: Applies only to records maintained by criminal law enforcement agencies. Protects against disclosure of unacknowledged, confidential informants.
 •    Exclusion 3: Applies only to the FBI. Protects against disclosure of foreign intelligence or counterintelligence, or international terrorism records, when the existence of those records is classified.
 

Important Links

5 U.S.C. 552

https://www.foia.gov/foia-statute.html

32 CFR Part 286

https://www.ecfr.gov/current/title-32/subtitle-A/chapter-I/subchapter-N/part-286

SECNAVINST Instruction 5720.42G

https://www.secnav.navy.mil/foia/references/Documents/SECNAV%20FOIA%20Inst%205720-42G.pdf