CFR-2008-title32-vol6.pdf

Part 800 to End Revised as of July 1, 2008

National Defense

Containing a codification of documents of general applicability and future effect

As of July 1, 2008

With Ancillaries

Published by Office of the Federal Register National Archives and Records Administration

A Special Edition of the Federal Register

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U.S. GOVERNMENT OFFICIAL EDITION NOTICE

Legal Status and Use of Seals and Logos

The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the origi-nal documents published in the Federal Register (44 U.S.C. 1510).

It is prohibited to use NARA’s official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist’s designee. Any person using NARA’s official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix

This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0–16 ISBN prefix is for U.S. Government Printing Office Official Edi-tions only. The Superintendent of Documents of the U.S. Govern-ment Printing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN.

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Table of Contents Page

Explanation ................................................................................................ v

Title 32:

Subtitle A—Department of Defense (Continued)

Chapter VII—Department of the Air Force

Subtitle B—Other Regulations Relating to National Defense

Chapter XII—Defense Logistics Agency

Chapter XVI—Selective Service System

Chapter XVII—Office of the Director of National Intelligence

Chapter XVIII—National Counterintelligence Center

Chapter XIX—Central Intelligence Agency

Chapter XX—Information Security Oversight Office, National Ar-chives and Records Administration

Chapter XXI—National Security Council

Chapter XXIV—Office of Science and Technology Policy

Chapter XXVII—Office for Micronesian Status Negotiations

Chapter XXVIII—Office of the Vice President of the United States 577

Finding Aids:

Table of CFR Titles and Chapters

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Page

Alphabetical List of Agencies Appearing in the CFR

List of CFR Sections Affected

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Cite this Code: CFR

To cite the regulations in this volume use title, part and section num-ber. Thus, 32 CFR 806.1 refers to title 32, part 806, section 1.

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Explanation

The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agen-cies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further sub-divided into parts covering specific regulatory areas.

Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:

Title 1 through Title 16..............................................................as of January 1 Title 17 through Title 27 .................................................................as of April 1 Title 28 through Title 41 ..................................................................as of July 1 Title 42 through Title 50.............................................................as of October 1

The appropriate revision date is printed on the cover of each volume.

LEGAL STATUS

The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to deter-mine the latest version of any given rule.

To determine whether a Code volume has been amended since its revision date (in this case, July 1, 2008), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

Each volume of the Code contains amendments published in the Federal Reg-ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usu-ally not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text.

OMB CONTROL NUMBERS

The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.

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Many agencies have begun publishing numerous OMB control numbers as amend-ments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements.

OBSOLETE PROVISIONS

Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1, 1986, consult either the List of CFR Sections Affected, 1949–1963, 1964–1972, or 1973–1985, published in seven sep-arate volumes. For the period beginning January 1, 1986, a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regu-lations in the Federal Register by referring to materials already published else-where. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the mate-rial is treated as if it were published in full in the Federal Register (5 U.S.C.

552(a)). This material, like any other properly issued regulation, has the force of law.

What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are:

(a) The incorporation will substantially reduce the volume of material pub-lished in the Federal Register.

(b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process.

(c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51.

Properly approved incorporations by reference in this volume are listed in the Finding Aids at the end of this volume.

What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed in the Finding Aids of this volume as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, Washington DC 20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.

This volume contains the Parallel Table of Statutory Authorities and Agency Rules (Table I). A list of CFR titles, chapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.

An index to the text of ‘‘Title 3—The President’’ is carried within that volume.

The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg-ister.

A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.

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REPUBLICATION OF MATERIAL

There are no restrictions on the republication of material appearing in the Code of Federal Regulations.

INQUIRIES

For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd-numbered pages.

For inquiries concerning CFR reference assistance, call 202–741–6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408 or e-mail fedreg.info@nara.gov.

SALES

The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202- 512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours a day. For payment by check, write to: US Government Printing Office – New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. For GPO Customer Service call 202-512-1803.

ELECTRONIC SERVICES

The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers, Weekly Compilation of Presidential Documents and the Pri-vacy Act Compilation are available in electronic format at www.gpoaccess.gov/ nara (‘‘GPO Access’’). For more information, contact Electronic Information Dis-semination Services, U.S. Government Printing Office. Phone 202-512-1530, or 888- 293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.

The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s web site at www.archives.gov/federal-register. The NARA site also con-tains links to GPO Access.

RAYMOND A. MOSLEY,

Director, Office of the Federal Register.

July 1, 2008.

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THIS TITLE

Title 32—NATIONAL DEFENSE is composed of six volumes. The parts in these volumes are arranged in the following order: parts 1–190, parts 191–399, parts 400– 629, parts 630–699, parts 700–799, and part 800 to End. The contents of these volumes represent all current regulations codified under this title of the CFR as of July 1, 2008.

The current regulations issued by the Department of Defense appear in the volumes containing parts 1–189 and parts 190–399; those issued by the Department of the Army appear in the volumes containing parts 400–629 and parts 630–699;

those issued by the Department of the Navy appear in the volume containing parts 700–799, and those issued by the Department of the Air Force, Defense Logis-tics Agency, Selective Service System, National Counterintelligence Center, Cen-tral Intelligence Agency, Information Security Oversight Office, National Secu-rity Council, Office of Science and Technology Policy, Office for Micronesian Status Negotiations, and Office of the Vice President of the United States appear in the volume containing parts 800 to end.

For this volume, Jonn Lilyea was Chief Editor. The Code of Federal Regula-tions publication program is under the direction of Michael L. White, assisted by Ann Worley.

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Title 32–National Defense

(This book contains part 800 to End)

Part

SUBTITLE A—DEPARTMENT OF DEFENSE (CONTINUED)

CHAPTER VII—Department of the Air Force

SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL

DEFENSE

CHAPTER XII—Defense Logistics Agency

CHAPTER XVI—Selective Service System

CHAPTER XVIII—National Counterintelligence Center

CHAPTER XIX—Central Intelligence Agency

CHAPTER XX—Information Security Oversight Office, Na-tional Archives and Records Administration

CHAPTER XXI—National Security Council

CHAPTER XXIV—Office of Science and Technology Policy

CHAPTER XXVII—Office for Micronesian Status Negotiations 2700

CHAPTER XXVIII—Office of the Vice President of the United States

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Subtitle A—Department of Defense (Continued)

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CHAPTER VII—DEPARTMENT OF THE AIR

FORCE

SUBCHAPTER A—ADMINISTRATION

Part Page 800 [Reserved] 806 Air Force Freedom of Information Act program 806b Privacy Act program 807 Sale to the public 809a Installation entry policy, civil disturbance inter-vention and disaster assistance

SUBCHAPTER B—SALES AND SERVICES

811 Release, dissemination, and sale of visual informa-tion materials

813 Visual information documentation program

SUBCHAPTER C—PUBLIC RELATIONS [RESERVED]

SUBCHAPTER D—CLAIMS AND LITIGATION

842 Administrative claims 845 Counsel fees and other expenses in foreign tribu-nals

SUBCHAPTER E—SECURITY [RESERVED]

SUBCHAPTER F—AIRCRAFT

855 Civil aircraft use of United States Air Force air-fields

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32 CFR Ch. VII (7–1–08 Edition)

Part Page 861 Department of Defense commercial air transpor-tation quality and safety review program

SUBCHAPTER G—ORGANIZATION AND MISSION—GENERAL

865 Personnel Review boards

SUBCHAPTER H [RESERVED]

SUBCHAPTER I—MILITARY PERSONNEL

881 Determination of active military service and dis-charge for civilian or contractual groups

884 Delivery of personnel to United States civilian au-thorities for trial

887 Issuing of certificates in lieu of lost or destroyed certificates of separation

888–888g [Reserved]

SUBCHAPTER J—CIVILIAN PERSONNEL [RESERVED]

SUBCHAPTER K—MILITARY TRAINING AND SCHOOLS

901 Appointment to the United States Air Force Acad-emy

903 Air Force Academy Preparatory School

SUBCHAPTERS L–M [RESERVED]

SUBCHAPTER N—TERRITORIAL AND INSULAR REGULATIONS

935 Wake Island Code

SUBCHAPTER O—SPECIAL INVESTIGATION [RESERVED]

SUBCHAPTERS P–S [RESERVED]

SUBCHAPTER T—ENVIRONMENTAL PROTECTION

989 Environmental impact analysis process (EIAP)

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SUBCHAPTER A—ADMINISTRATION

PART 800 [RESERVED]

PART 806—AIR FORCE FREEDOM

OF INFORMATION ACT PROGRAM

Sec.

806.1 Summary of revisions.

806.2 Applicability.

806.3 Public information.

806.4 Definitions.

806.5 Responsibilities.

806.6 Prompt action on requests.

806.7 Use of exemptions.

806.8 Description of requested record.

806.9 Referrals.

806.10 Records management.

806.11 FOIA reading rooms.

806.12 Record availability.

806.13 5 U.S.C. 552 (a)(2) materials.

806.14 Other materials.

806.15 FOIA exemptions.

806.16 For official use only.

806.17 Release and processing procedures.

806.18 Initial determinations.

806.19 Reasonably segregable portions.

806.20 Records of non-U.S. government

source.

806.21 Appeals.

806.22 Time limits.

806.23 Delay in responding to an appeal.

806.24 Fee restrictions.

806.25 Annual report.

806.26 Addressing FOIA requests.

806.27 Samples of Air Force FOIA proc-

essing documents.

806.28 Records with special disclosure proce-

dures.

806.29 Administrative processing of Air

Force FOIA requests.

806.30 FOIA exempt information examples.

806.31 Requirements of 5 U.S.C. 552(b)(4) to

submitters of nongovernment contract-related information.

APPENDIX A TO PART 806—REFERENCES

APPENDIX B TO PART 806—ABBREVIATIONS AND

ACRONYMS

APPENDIX C TO PART 806—TERMS

AUTHORITY: 5 U.S.C. 552.

SOURCE: 64 FR 72808, Dec. 28, 1999, unless otherwise noted.

§ 806.1 Summary of revisions.

This part makes this guidance an Air

Force supplement to the DoD regula-tion at 32 CFR part 286. It transfers re-sponsibility for the Air Force Freedom of Information Act (FOIA) Program from the Office of the Secretary of the Air Force (SAF/AAI) to Headquarters

United States Air Force (HQ USAF/SC) and Headquarters Air Force Commu-nications and Information Center/Cor-porate Information Division (HQ AFCIC/ITC); contains significant changes and additions to implement the Electronic Freedom of Information Act (EFOIA) Amendments of 1996; ad-dresses electronic records; increases time limits to 20 working days; adds procedures for multiple tracking and expedited processing of requests;

changes annual report date and con-tent; adds major command (MAJCOM) inspectors general (IG), MAJCOM Di-rectors of Inquiries (IGQ), and wing commanders as initial denial authori-ties (IDAs).

§ 806.2 Applicability.

A list of Air Force MAJCOMs, field operating agencies (FOAs), and Direct Reporting Units (DRUs) is at § 806.26.

§ 806.3 Public information.

(a) Functional requests. Air Force ele-ments may receive requests for govern-ment information or records from the public that do not refer to the FOIA.

Often these requests are sent to a pub-lic affairs office (PAO) or a specific unit. All releases of information from Air Force records, whether the re-quester cites the FOIA or not, must comply with the principles of the FOIA and this part. If the requested material contains personal privacy information that the Air Force must withhold, it is particularly important to handle that ‘‘functional’’ request as a request under the FOIA and coordinate it with the appropriate FOIA office and an Air Force attorney. Regardless of the na-ture of the functional request, if the re-sponding element denies the release of information from Air Force records, then control the request as a FOIA and follow FOIA denial procedures for records withheld (cite the pertinent FOIA exemption and give the requester FOIA appeal rights).

(b) HQ AFCIC/ITC will make the Air Force handbook and guide for request-ing records available on the World Wide Web (WWW) from Air ForceLINK, at http://www.foia.af.mil/handbook.htm.

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32 CFR Ch. VII (7–1–08 Edition) § 806.4

§ 806.4 Definitions.

(a) Electronic reading room (ERR).

Rooms established on Internet web sites for public access to FOIA-proc-essed (a)(2)(D) records.

(b) FOIA request. This includes FOIA requests made by members of Congress either on their own behalf or on behalf of one of their constituents. Process FOIA requests from members of Con-gress in accordance with this Air Force supplement. Air Force-affiliated re-questers, to include military and civil-ian employees, should not use govern-ment equipment, supplies, stationery, postage, telephones, or official mail channels to make FOIA requests.

(1) Simple requests can be processed quickly with limited impact on the re-sponding units. The request clearly identifies the records with no (or few) complicating factors involved. There are few or no responsive records. Only one installation is involved and there are no outside Office of Primary Re-sponsibility (OPRs). There are no clas-sified or nongovernment records. No deliberative process/privileged mate-rials are involved. The responsive records contain no (or limited) per-sonal privacy information and do not come from a Privacy Act system of records. No time extensions are antici-pated.

(2) Complex requests take substantial time and cause significant impact on responding units. Complications and delays are likely. Records sought are massive in volume. Multiple organiza-tions must review/coordinate on re-quested records. Records are classified;

originated with a nongovernment source; are part of the Air Force’s deci-sion-making process; or are privileged.

(c) Government Information Locator Service (GILS). GILS is an automated on-line card catalog of publicly acces-sible information. The Office of Man-agement and Budget (OMB) Bulletin 95–01, December 7, 1994, and OMB Memorandum, February 6, 1998, man-dates that all federal agencies create a GILS record for information available to the public. The DoD GILS resides on DefenseLINK, the official DoD home page, at http://www.defenselink.mil/loca-tor/index.html.

(d) Initial denial authority. Only ap-proved IDAs may deny all or parts of records. FOIA managers may: initially deny fee category claims, requests for expedited processing, and waiver or re-duction of fees; review fee estimates;

and sign ‘‘no records’’ responses. IDAs are the deputy chiefs of staff and chiefs of comparable offices or higher at HQ USAF and Secretary of the Air Force (SAF), and MAJCOM commanders.

Deputy Chiefs of Staff and chiefs of comparable offices or higher at HQ USAF and SAF may name one addi-tional position as denial authority.

MAJCOM commanders may appoint two additional positions at the head-quarters and also the wing commander at base level. MAJCOM IGs and MAJCOM Directors of Inquiries (IGQ) may act as IDAs for IG records.

MAJCOM FOIA managers must notify HQ AFCIC/ITC in writing (by facsimile, e-mail, or regular mail) of IDA position titles. Send position titles only—no names. HQ AFCIC/ITC sends SAF/IGQ a copy of the correspondence designating IDA positions for IG records. When the commander changes the IDA designee position, MAJCOM FOIA managers will advise HQ AFCIC/ITC immediately. In the absence of the designated IDA, the individual filling/assuming that posi-tion acts as an IDA, however; all denial documentation must reflect the posi-tion title of the approved or designated IDA, even if in an acting capacity (for example, Acting Director of Commu-nications and Information, Head-quarters Air Combat Command).

(e) Office of primary responsibility (OPR). A DoD element that either pre-pared, or is responsible for, records identified as responsive to a FOIA re-quest. OPRs coordinate with the office of corollary responsibility (OCR) and FOIA managers to assist IDAs in mak-ing decisions on FOIA requests.

(f) OCR. A DoD element with an offi-cial interest in, and/or collateral re-sponsibility for, the contents of records identified as responsive to a FOIA re-quest, even though those records were either prepared by, or are the primary responsibility of, a different DoD ele-ment. OCRs coordinate with OPRs and FOIA managers to assist IDAs in mak-ing decisions on FOIA requests.

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Department of the Air Force, DoD § 806.5

(g) Appellate authority. The SAF has designated the Deputy General Coun-sel, Fiscal, Ethics, and Civilian Per-sonnel (SAF/GCA) as the FOIA appel-late authority.

(h) Reading room. Any place where a member of the public may view FOIA records.

§ 806.5 Responsibilities.

(a) The Director, Communications and Information (HQ USAF/SC) has overall responsibility for the Air Force FOIA Program. The Corporate Infor-mation Division (HQ AFCIC/ITC) ad-ministers the procedures necessary to implement the Air Force FOIA Pro-gram, submits reports to the Director, Freedom of Information and Security Review (DFOISR), and provides guid-ance and instructions to MAJCOMs.

Responsibilities of other Air Force ele-ments follow.

(b) SAF/GCA makes final decisions on FOIA administrative appeals.

(c) Installation commanders will:

Comply with FOIA electronic reading room (ERR) requirements by estab-lishing a FOIA site on their installa-tion public web page and making fre-quently requested records (FOIA-proc-essed (a)(2)(D)) records available through links from that site, with a link to the Air Force FOIA web page at http://www.foia.af.mil. See § 806.12(c).

(d) MAJCOM commanders implement this instruction and appoint a FOIA manager, in writing. Send the name, phone number, office symbol, and e-mail address to HQ AFCIC/ITC, 1250 Air Force Pentagon, Washington, DC 20330– 1250.

(e) Air Force attorneys review FOIA responses for legal sufficiency, provide legal advice to OPRs, disclosure au-thorities, IDAs, and FOIA managers, and provide written legal opinions when responsive records (or portions of responsive records) are withheld. Air Force attorneys ensure factual and legal issues raised by appellants are considered by IDAs prior to sending the FOIA appeal files to the Secretary of the Air Force’s designee for final ac-tion.

(f) Disclosure authorities and IDAs apply the policies and guidance in this instruction, along with the written rec-ommendations provided by staff ele-ments, when considering what deci-sions to make on pending FOIA ac-tions. Where any responsive records are denied, the IDA tells the requesters the nature of records or information de-nied, the FOIA exemption supporting the denial, the reasons the records were not released, and gives the re-quester the appeal procedures. In addi-tion, on partial releases, IDAs must en-sure requesters can see the placement and general length of redactions with the applicable exemption indicated.

This procedure applies to all media, in-cluding electronic records. Providing placement and general length of re-dacted information is not required if doing so would harm an interest pro-tected by a FOIA exemption. When working FOIA appeal actions for the appellate authority review:

(1) IDAs grant or recommend contin-ued denial (in full or in part) of the re-quester’s appeal of the earlier with-holding of responsive records, or ad-verse determination (for example, IDAs may release some or all of the pre-viously denied documents).

(2) IDAs reassess a request for expe-dited processing due to demonstrated compelling need, overturning or con-firming the initial determination made by the FOIA manager.

(3) When an IDA denies any appellate action sought by a FOIA requester, the IDA, or MAJCOM FOIA manager (for no record, fee, fee estimates, or fee cat-egory appeals) will indicate in writing that the issues raised in the FOIA ap-peal were considered and rejected (in full or in part). Include this written statement in the file you send to the Secretary of the Air Force in the course of a FOIA appeal action. Send all appeal actions through the MAJCOM FOIA office.

(g) OPRs:

(1) Coordinate the release or denial of records requested under the FOIA with OCRs, FOIA offices, and with Air Force attorneys on proposed denials.

(2) Provide requested records. Indi-cate withheld parts of records anno-tated with FOIA exemption. Ensure re-questers can see the placement and general length of redactions. This pro-cedure applies to all media, including

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32 CFR Ch. VII (7–1–08 Edition) § 806.6 electronic records. Providing place-ment and general length of redacted in-formation is not required if doing so would harm an interest protected by a FOIA exemption.

(3) Provide written recommendations to the disclosure authority to deter-mine whether or not to release records, and act as declassification authority when appropriate.

(4) Make frequently requested records (FOIA-processed (a)(2)(D)) available to the public in the FOIA ERR via the Internet. As required by AFIs 33–129, Transmission of Information Via the Internet, and 35–205, Air Force Security and Policy Review Program, OPRs re-quest clearance of these records with the PAO before posting on the WWW, and coordinate with JA and FOIA of-fice prior to posting. The FOIA man-ager, in coordination with the func-tional OPR or the owner of the records, will determine qualifying records, after coordination with any interested OCRs.

(5) Complete the required GILS core record for each FOIA-processed (a)(2)(D) record.

(6) Manage ERR records posted to the installation public web page by updat-ing or removing them when no longer needed. Software for tracking number of hits may assist in this effort.

(h) FOIA managers:

(1) Ensure administrative correctness of all FOIA actions processed.

(2) Control and process FOIA re-quests.

(3) Obtain recommendations from the

OPR for records.

(4) Prepare or coordinate on all pro-posed replies to the requester. FOIA managers may sign replies to request-ers when disclosure authorities approve the total release of records. If the MAJCOM part directs the OPR to pre-pare the reply, the OPR will coordinate their reply with the FOIA office.

(5) Make determinations as to wheth-er or not the nature of requests are simple or complex where multitrack FOIA request processing queues exist.

(6) Approve or initially deny any re-quests for expedited processing.

(7) Provide interim responses to re-questers, as required.

(8) Provide a reading room for in-specting and copying records.

(9) Provide training.

(10) Review publications for compli-ance with this part.

(11) Conduct periodic program re-views.

(12) Approve or deny initial fee waiv-er requests.

(13) Make the initial decision on chargeable fees.

(14) Collect fees.

(15) Send extension notices.

(16) Submit reports.

(17) Sign ‘‘no record’’ responses.

(18) Provide the requester the basis for any adverse determination (i.e., no records, fee denials, fee category deter-minations, etc.) in enough detail to permit the requester to make a deci-sion whether or not to appeal the ac-tions taken, and provide the requester with appeal procedures.

(i) On appeals, FOIA managers:

(1) Reassess a fee category claim by a requester, overturning or confirming the initial determination.

(2) Reassess a request for expedited processing due to demonstrated com-pelling need, overturning or confirming the initial determination.

(3) Reassess a request for a waiver or reduction of fees, overturning or con-firming the initial determination.

(4) Review a fee estimate, over-turning or confirming the initial deter-mination.

(5) Confirm that no records were lo-cated in response to a request.

(j) The base FOIA manager acts as the FOIA focal point for the FOIA site on the installation web page.

(k) When any appellate action sought by a FOIA requester is denied by an IDA or FOIA manager for authorized actions, the IDA or FOIA manager will indicate, in writing, that the issues raised in the FOIA appeal were consid-ered and rejected (in full or in part). In-clude this written statement in the file you send to the Secretary of the Air Force in the course of a FOIA appeal action. Send all appeal actions through the MAJCOM FOIA office.

§ 806.6 Prompt action on requests.

(a) Examples of letters to FOIA re-questers (e.g., response determinations and interim responses) are included in § 806.27.

(b) Multitrack processing. (1) Exam-ples of letters to FOIA requesters (e.g., VerDate Aug<31>2005 20:40 Aug 07, 2008 Jkt 214128 PO 00000 Frm 00020 Fmt 8010 Sfmt 8010 Y:\SGML\214128.XXX 214128m st oc ks til l o n P

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Department of the Air Force, DoD § 806.10 letters to individuals who have had their FOIA request placed in the com-plex track) are included in § 806.27.

(2) Simple requests can be processed quickly, with limited impact on the re-sponding units. The request clearly identifies the records with no (or few) complicating factors involved. There are few or no responsive records, only one installation is involved, there are no outside OPRs, no classified or non-government records, no deliberative process/privileged materials are in-volved, records contain no (or limited) personal privacy information/did not come from Privacy Act systems of records concerning other individuals, or time extensions not anticipated.

(c) Complex requests will take sub-stantial time, will cause significant impact on responding units. Complica-tions and delays are likely. Records sought are massive in volume, multiple organizations must review/coordinate on records, records are classified, records originated with a nongovern-ment source, records were part of the Air Force’s decision-making process or are privileged.

(d) Expedited processing. Examples of letters to individuals whose FOIA re-quests and/or appeals were not expe-dited are included in § 806.27.

§ 806.7 Use of exemptions.

(a) A listing of some AFIs that pro-vide guidance on special disclosure pro-cedures for certain types of records is provided in § 806.28. Refer to those in-structions for specific disclosure proce-dures. Remember, the only reason to deny a request is a FOIA exemption.

(b) Refer requests from foreign gov-ernment officials that do not cite the FOIA to your foreign disclosure office and notify the requester.

(c) If you have a non-U.S. Govern-ment record, determine if you need to consult with the record’s originator be-fore releasing it (see § 806.9 and § 806.15(c)). This includes records cre-ated by foreign governments and orga-nizations such as North Atlantic Trea-ty Organization (NATO) and North American Aerospace Defense (NORAD).

You may need to coordinate release of foreign government records with either the U.S. Department of State or with the specific foreign embassy, directly through the MAJCOM FOIA office. Co-ordinate release or denial of letters of offer and acceptance (LOA) with SAF/ IA through 11 CS/SCSR (FOIA), 1000 Air Force Pentagon, Washington DC 20330– 1000.

§ 806.8 Description of requested record.

Air Force elements must make rea-sonable efforts to find the records de-scribed in FOIA requests. Reasonable efforts means searching all activities and locations most likely to have the records, and includes staged or retired records, as well as complete and thor-ough searches of relevant electronic records, such as databases, word proc-essing, and electronic mail files.

§ 806.9 Referrals.

(a) Send all referrals through the

FOIA office. The receiving FOIA office must agree to accept the referral be-fore transfer. The FOIA office will pro-vide the name, phone number, mailing address, and e-mail address of both the FOIA office point of contact and the record OPR point of contact in their referral letter. Include the requested record. If the requested records are massive, then provide a description of them. Referrals to, or consultations with, DFOISR are accomplished from the MAJCOM level. Section 806.27 has an example of a referral memo.

(b) In some cases, requested records are available from the GPO and NTIS, 5285 Port Royal Road, Springfield VA 22161. These organizations offer certain records for sale to the public. Current standard releasable Air Force publica-tions are available electronically on the WWW at http://afpubs.hq.af.mil/. For requesters without electronic access, NTIS has paper copies for sale. Give re-questers the web address or NTIS ad-dress when appropriate. However, if the requester prefers to pursue the FOIA process, consult with HQ AFCIC/ITC through the MAJCOM. Refer FOIA re-quests for Air Force publications that are classified, FOUO, rescinded, or su-perseded to the OPR through the ap-propriate FOIA office.

§ 806.10 Records management.

Keep records that were fully released for 2 years and denied records for 6

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32 CFR Ch. VII (7–1–08 Edition) § 806.11 years. Include in the 6-year record file copies of records or parts of records that were released in response to the same request. Refer to Air Force Man-ual (AFMAN) 37–139, Records Disposi-tion Schedule (converting to AFMAN 33–339, see § 806.9(b)). The functional OPR or FOIA office may keep the records released or denied. The FOIA office keeps the FOIA case file for each request. The FOIA case file consists of:

the initial request; tasking to OPRs;

OPR’s reply; memoranda for record (MFR) of phone calls or other actions related to the FOIA request; DD Forms 2086, Record of Freedom of Information (FOI) Processing Cost, or 2086–1, Record of Freedom of Information (FOI) Proc-essing Cost for Technical Data; final response; and any of the following, if applicable: extension letter; legal opin-ions; submitter notification letters and replies; the appeal and required attach-ments (except for the released or de-nied records if maintained by the OPR); and all other correspondence to and from the requester.

§ 806.11 FOIA reading rooms.

Each FOIA office will arrange for a reading room where the public may in-spect releasable records. You do not need to co-locate the reading room with the FOIA office. The FOIA does not require creation of a reading room dedicated exclusively to this purpose.

A ‘‘reading room’’ is any location where a requester may review records.

For FOIA-processed (a)(3) records, if re-questers meet the criteria for search and review costs, they must be paid be-fore inspecting records. Assess repro-duction costs at the time of inspection, if appropriate.

§ 806.12 Record availability.

(a) HQ AFCIC/ITC will make the tra-ditional FOIA-processed (a)(2) mate-rials (5 U.S.C. 552(a)(2)(A), (B), and (C)) available to the public. Each Air Force activity must make 5 U.S.C.

552(a)(2)(D) records (‘‘FOIA-processed (a)(2)(D) records’’—records which they determine will, or have become, the subject of frequent or subsequent re-quests) available to the public in a reading room in hard copy and elec-tronically by posting it to their appro-priate web site. There is no require-ment to make all FOIA-released records available electronically. The FOIA manager, in coordination with the functional OPR, or the owner of the records, determines qualifying records, after coordination with any in-terested OCRs. As required by AFIs 33– 129 and 35–205, OPRs request clearance of these records with the PAO before posting on the WWW.

(b) Normally, if the FOIA office or OPR receives, or anticipates receiving, five or more requests for the same record in a quarter, they will consider it a frequently requested record (FOIA-processed (a)(2)(D) record) and make it publicly available in hard copy and electronically as outlined in § 806.12(a).

OPRs may elect to make other records publicly available if they receive, or expect to receive, less than five re-quests a quarter. The purpose is to make records available in an ERR to potential future FOIA requesters in-stead of waiting to receive a FOIA re-quest, and reduce the number of mul-tiple FOIA requests for the same records requiring separate responses.

In making these determinations, recog-nize there are some situations in which a certain type of record becomes the subject of simultaneous FOIA requests from all interested parties and then ceases to be of interest. Activities may typically receive a ‘‘flurry’’ of FOIA re-quests for contract records imme-diately after a contract is awarded, but do not receive any subsequent requests for such bulky records after that point.

In some cases, activities may decide that placing records in the ERR would not serve the statutory purpose of ‘‘di-verting some potential FOIA requests for previously released records.’’ The following types of records should be considered for inclusion in the ERR (excluding individuals assigned to over-seas, sensitive, and routinely deployable units): organizational charts and limited staff directories;

lists of personnel reassigned with gain-ing base; MAJCOM FOIA supplements;

lists of International Merchant Pur-chase Authority Card (IMPAC) card holders. Do not post lists of e-mail ad-dresses.

(c) GILS. Each activity that posts FOIA-processed (a)(2)(D) records (records which they determine will, or

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Department of the Air Force, DoD § 806.15 have become, the subject of frequent or subsequent requests) must create a GILS record for each FOIA-processed (a)(2)(D) record and post it to DefenseLINK. The OPR prepares the GILS record. You can complete and submit a GILS record on-line using a web browser. Instructions for com-pleting the GILS record, and an on-line form are at http://www.defenselink.mil/ locator/index.html. Follow the steps list-ed on the web page. The GILS site on DefenseLINK will serve as the central index of Air Force FOIA-processed (a)(2)(D) records.

(d) In addition, installations will post a list, or index, of locally produced FOIA-processed (a)(2)(D) records on their web page at their FOIA site. Each listing will point or link to the par-ticular record. In addition, MAJCOMs may choose to post their own index of MAJCOM specific FOIA-processed (a)(2)(D) records to their appropriate web site. Installation web pages will in-clude the following phrase (or similar words) on their FOIA site if they do not have any frequently requested FOIA records: ‘‘There are no frequently re-quested FOIA records to post at this time.’’ Include the following state-ment, or a similar one, on the installa-tion web page with the records: ‘‘Some records are released to the public under the FOIA, and may therefore reflect de-letion of some information in accord-ance with the FOIA’s nine statutory exemptions. A consolidated list of such records is on DefenseLINK.’’ Link the word ‘‘DefenseLINK’’ to www.defenselink.mil/locator/ fprlindex.html. Qualifying releasable records with exempt information re-dacted must show on the record the amount of information withheld and the exemption reason (for example, (b)(6)). Activities with such records should provide the public an index and explanation of the FOIA exemptions.

All installation FOIA pages will in-clude a link to the Air Force page.

(e) FOIA web pages should be clearly accessed from the main installation page, either by a direct link to ‘‘FOIA’’ or ‘‘Freedom of Information Act’’ from the main page, or found under a logical heading such as ‘‘Library’’ or ‘‘Sites.’’

§ 806.13 5 U.S.C. 552(a)(2) materials.

The GILS records on DefenseLINK will serve as the index for 5 U.S.C.

552(a)(2)(D) materials.

§ 806.14 Other materials.

HQ AFCIC/ITC makes the appropriate

FOIA-processed (a)(1) materials avail-able for the Air Force.

§ 806.15 FOIA exemptions.

(a) Exemption number 1. When a re-quester seeks records that are classi-fied, or should be classified, only an initial classification authority, or a de-classification authority, can make final determinations with respect to classification issues. The fact that a record is marked with a security classi-fication is not enough to support with-holding the document; make sure it is ‘‘properly and currently classified.’’ Review the record paragraph by para-graph for releasable information. Re-view declassified and unclassified parts before release to see if they are exempt by other exemptions. Before releasing a reviewed and declassified document, draw a single black line through all the classification markings so they are still legible and stamp the document unclassified. If the requested records are ‘‘properly and currently classified,’’ and the Air Force withholds from re-lease under FOIA exemption (b)(1), and the requester appeals the withholding, include a written statement from an initial classification authority or de-classification authority certifying the data was properly classified originally and that it remains properly classified per Executive Order. Examples of ini-tial classification and declassification authority statements are included in § 806.27. Guidance on document declas-sification reviews is in AFI 31–401, Managing the Information Security Program, and DoD 5200.1–R, Informa-tion Security Program, January 1997.

(b) Exemption number 3. HQ AFCIC/ ITC will provide the current FOIA-processed (b)(3) statutes list to the MAJCOMs.

(c) Exemption number 4. The Air Force, in compliance with Executive Order 12600, will advise submitters of contractor-submitted records when a FOIA requester seeks the release of such records, regardless of any initial

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32 CFR Ch. VII (7–1–08 Edition) § 806.15 determination of whether FOIA exemp-tion (b)(4) applies. (See § 806.20(a) and § 806.31). Due to a change to Title 48 CFR, Federal Acquisition Regulations System, submitter notification is not required prior to release of unit prices contained in contracts awarded based upon solicitations issued after January

1. 1998. For solicitations issued before January 1, 1998, conduct a normal sub-mitter notice. Unit prices contained in proposals provided prior to contract award are protected from release, as are all portions of unsuccessful pro-posals (before and after contract award) (10 U.S.C. 2305(g), Prohibition on Release of Contractor Proposals).

(d) Exemption number 5. (1) Attorney-client records could include, e.g., when a commander expresses concerns in confidence to his or her judge advocate and asks for a legal opinion. The legal opinion and everything the commander tells the judge advocate in confidence qualify under this privilege. Unlike de-liberative process privilege, both facts and opinions qualify under the attor-ney work product or attorney-client privilege. Attorney work product records are records an attorney pre-pares, or supervises the preparation of, in contemplating or preparing for ad-ministrative proceedings or litigation.

(2) Based on court decisions in FOIA litigation, which led to the release of results of personnel surveys, FOIA managers and IDAs should get advice from an Air Force attorney before withholding survey results under FOIA exemption (b)(5).

(e) Exemption number 6. (1) AFI 37–132, Air Force Privacy Act Program (will convert to AFI 33–332) provides guid-ance on collecting and safeguarding so-cial security numbers (SSN). It states:

‘‘SSNs are personal and unique to each individual. Protect them as FOUO. Do not disclose them to anyone without an official need to know.’’ Before re-leasing an Air Force record to a FOIA requester, delete SSNs that belong to anyone other than the requester. In any subsequent FOIA release to a dif-ferent requester of those same records, make sure SSNs are deleted. When fea-sible, notify Air Force employees when someone submits a FOIA request for information about them. The notifica-tion letter should include a brief de-scription of the records requested. Also include a statement that only releas-able records will be provided and we will protect personal information as re-quired by the FOIA and Privacy laws.

(2) Personal information may not be posted at publicly accessible DoD web sites unless to do so is clearly author-ized by law and implementing regula-tion and policy. Personal information should not be posted at nonpublicly ac-cessible web sites unless it is mission essential and appropriate safeguards have been established. See also AFIs 33–129 and 35–205.

(3) Withhold names and duty address-es of personnel serving overseas or in sensitive or routinely deployable units.

Routinely deployable units normally leave their permanent home stations on a periodic or rotating basis for peacetime operations or for scheduled training exercises conducted outside the United States or United States ter-ritories. Units based in the United States for a long time, such as those in extensive training or maintenance ac-tivities, do not qualify during that pe-riod.