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Building 172

1254 Ninth Street, S.E.

Washington Navy Yard DC

20374-5006

 

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Freedom of Information Act (FOIA)

 

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What are the statutes/regulations that apply to the Freedom of Information Act? 

 

The Federal statute that established FOIA is 5 U.S.C § 552.  FOIA is implemented in the Department of the Navy by Secretary of the Navy Instruction 5720.42F, "Department of the Navy Freedom of Information Act Program" (SECNAVINST 5720.42F). 

 


 

Why was the Freedom of Information Act created? 

 

The Freedom of Information Act (FOIA) allows members of the public to obtain a wide range of information from Federal agencies.  FOIA


 

Who is the release authority for Navy IG investigations? 

 

The release authority for IG investigations varies.  NAVINSGEN is the release authority for all DoD IG and DoN investigations it has conducted (by agreement with DoD IG) or tasked to other DoN organizations.

 

All cases originating with a complaint to the Hotline of another DoN organization are that organization's responsibility.

For example:

The NAVSEA release/initial denial authorities will process the FOIA release of a NAVSEA hotline complaint investigated by a NAVSEA IG or someone tasked by the NAVSEA IG, for NAVSEA. 

However, since NAVSEA would refer a hotline complaint concerning a SES employee to NAVINSGEN for investigation, NAVINSGEN would act as the release/initial denial authority.  NAVINSGEN would also be the release authority of any investigation it tasked to NAVSEA.


How do I request IG documents under the Freedom of Information Act? 

 

All FOIA requests must be in writing and include the following information. 

  • A statement that you are making a FOIA request.

  • A reasonable description (see below) of the specific record(s) you are seeking, in sufficient detail for the Legal Office to identify the records, to include time frame.  Don't request by name of the subject.

  • A statement indicating you agree to pay any fees associated with the release of the material or that you request a waiver of the fees  (See Navy FOIA website).  The fee schedule is provided at SECNAVINST 5720.42F, enclosure (3).

  • Your name, complete mailing address, and telephone number.

A reasonable description of the specific record(s) you are seeking.

If you want a copy of an IG investigation, the case number is the most useful piece of information you can provide.  Do not ask for an investigation by the name of the subject, as in most cases NAVINSGEN will refuse to admit or deny that it has conduct an investigation of a specific individual.  

If you were involved in an IG investigation as a subject, complainant, or witness, the investigator can give you the case number.  If you cannot obtain a case number, identify the command involved in the investigation, the timeframe, and the general subject matter of the investigation, and the IG office that conducted the investigation.


 

 

Where do I send a request for an IG investigation? 

 

If NAVINSGEN is the initial release/denial authority, mail the request to

 

Office of the Naval Inspector General

Attn: Legal Office

1254 Ninth Street, S.E.

Building 172

Washington Navy Yard, DC 20374-5006

 

or send an email request to:

 

NAVIGLegal@navy.mil

 

For records related to investigations conducted by Command Inspectors General, submit the request to the mailing address provided on the IG Offices link on this website (see Contact an IG on the left of the page).

 


 

 

What documents are most frequently requested from the Naval IG? 

 

IG Investigation files

 


 

Are "FOIA" and "For Official Use Only" (FOUO) the same? 

 

No.  FOIA establishes the rules for determining what information in official records may be released or withheld from the public.

 

FOUO is simply a designation applied to records to warn federal employees that the record may contain information that should be withheld under the FOIA or PA.  The absence of the FOUO  designation does not mean all of the information in a record may be released in response to a FOIA or PA request.


 

Is information in IG investigations also protected under the Privacy Act as well as FOIA? 

 

Yes.  Names of complainants, witnesses, subjects and other identifying information will be deleted from releases of information made to the public pursuant to the Privacy Act or FOIA.

 

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