[Federal Register: December 12, 2005 (Volume 70, Number 237)]
[Rules and Regulations]
[Page 73378-73380]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de05-12]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 285
[0790-ZA05]
DoD Freedom of Information Act (FOIA) Program (DoDD 5400.7)
AGENCY: Department of Defense.
ACTION: Final rule.
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SUMMARY: This rule conforms to the requirements of the Electronic
Freedom of Information Act Amendments of 1996. It promotes public trust
by making the maximum amount of information available to the public, in
both hard copy and electronic formats, on the operation and activities
of the Department of Defense, consistent with DoD responsibility to
protect national security and other DoD interests as provided by
applicable law. It also allows a requester to obtain Agency records
from the Department of Defense that are available through other public
information services without invoking the FOIA.
EFFECTIVE DATE: This rule is effective October 28, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. David W. Maier, 703-695-6428.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This regulatory action is not a significant regulatory action, as
defined by Executive Order 12866.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This regulatory action will not have a significant adverse impact
on a substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)
This regulatory action does not contain a Federal mandate that will
result in the expenditure by State, local, and tribal governments, in
aggregate, or by the private sector of $100 million or more in any one
year.
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)
This regulatory action will not impose any addition reporting or
recordkeeping requirements under the Paperwork Reduction Act.
Federalism (Executive Order 13132)
This regulatory action does not have Federalism implications, as
set forth in Executive Order 13132. It will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This rule implements the Freedom of Information Act
(5 U.S.C. 552), a statute concerning the release of Federal Government
records, and does not economically impact Federal Government relations
with the private sector.
[[Page 73379]]
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been determined that this rule does not involve a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $100
million or more and that such rulemaking will not significantly or
uniquely affect small governments.
List of Subjects in 32 CFR Part 285
Freedom of information.
0
Accordingly, 32 CFR part 285 is revised to read as follows:
PART 285--DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
Sec.
285.1 Purpose.
285.2 Applicability and scope.
285.3 Policy.
285.4 Responsibilities.
285.5 Information requirements.
Authority: 5 U.S.C. 552.
Sec. 285.1 Purpose.
This part:
(a) Updates policies and responsibilities for implementing the DoD
Freedom of Information Act (FOIA) Program under 5 U.S.C. 552.
(b) Continues to authorize DoD 5400.7-R\1\ to implement the FOIA
Program.
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\1\ Copies may be obtained at http://www.dtic.mil/whs/directives/
.
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(c) Continues to delegate authorities and responsibilities for the
effective administration of the FOIA program.
Sec. 285.2 Applicability and scope.
(a) This part applies to the Office of the Secretary of Defense
(OSD), the Military Departments, the Chairman of the Joint Chiefs of
Staff, the Combatant Commands, the Inspector General of the Department
of Defense, the Defense Agencies, the DoD Field Activities, and all
other organizational entities in the Department of Defense (hereafter
referred to collectively as the ``DoD Components'').
(b) National Security Agency/Central Security Service records are
subject to this part unless the records are exempt under section 6 of
the Public Law 86-36 (1959), codified at section 402 note of title 50,
United States Code (U.S.C.). The records of the Defense Intelligence
Agency, National Reconnaissance Office, and the National Geospatial-
Intelligence Agency are also subject to this part unless the records
are exempt under 10 U.S.C. 424, 50 U.S.C. 403-5e, 10 U.S.C. 455, or
other applicable law.
Sec. 285.3 Policy.
It is DoD policy to:
(a) Promote public trust by making the maximum amount of
information available to the public, in both hard copy and electronic
formats, on the operation and activities of the Department of Defense,
consistent with DoD responsibility to protect national security and
other sensitive DoD information as provided by applicable law.
(b) Allow a requester to obtain Agency records from the Department
of Defense that are available through other public information services
without invoking the FOIA.
(c) Make available, under the procedures established by DoD 5400.7-
R, Agency records requested by a member of the public who explicitly or
implicitly cites the FOIA.
(d) Answer promptly all other requests for Agency information and
records under established procedures and practices.
(e) Release Agency records to the public unless those records are
exempt from disclosure as outlined in 5 U.S.C. 552.
(f) Process requests by individuals for access to records about
themselves contained in a Privacy Act system of records under
procedures set forth in DoD 5400.11-R \2\ and procedures outlined in
this part, as amplified by DoD 5400.7-R.
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\2\ See footnote 1 to Sec. 285.1(b).
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Sec. 285.4 Responsibilities.
(a) The Director, Administration and Management (DA&M) shall:
(1) Serve as the appellate authority for appeals to decisions of
respective Initial Denial Authorities within OSD, the Chairman of the
Joint Chiefs of Staff, the Combatant Commands, the DoD Field
Activities, and select Defense Agencies as listed in DoD 5400.7-R. The
DA&M may delegate this responsibility to an appropriate member of the
DA&M or Washington Headquarters (WHS) staff.
(2) Prepare and maintain a DoD issuance and other discretionary
information to ensure timely and reasonably uniform implementation of
the FOIA in the Department of Defense.
(b) The Director, Washington Headquarters Services, under the DA&M,
shall:
(1) Direct and administer the DoD FOIA Program to ensure compliance
with policies and procedures that govern the administration of the
program.
(2) Administer the FOIA Program, inclusive of training, for the
OSD, the Chairman of the Joint Chiefs of Staff and, as an exception to
DoD Directive 5100.3 \3\, the Combatant Commands.
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\3\ See footnote 1 to Sec. 285.1(b).
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(c) The General Counsel of the Department of Defense shall provide
uniformity in the legal interpretation of this part; ensure affected
legal advisors, public affairs officers, and legislative affairs
officers are aware of releases through litigation channels which may be
of significant public, media, or Congressional interest, or of interest
to senior DoD officials; and establish procedures to centralize
processing pursuant to litigation.
(d) The Under Secretary of Defense for Intelligence shall establish
uniform procedures regarding the declassification of national security
information made pursuant to requests invoking the FOIA.
(e) The Heads of the DoD Components shall:
(1) Internally administer the DoD FOIA Program and publish any
instructions necessary for the internal administration of this part
within a DoD Component that are not prescribed by this part or by other
issuances of the DA&M in the Federal Register.
(2) Ensure respective chains of command, affected legal advisors,
public affairs officers and legislative affairs officers are aware of
releases through the FOIA, inclusive of releases through litigation
channels, which may be of significant public, media, or Congressional
interest, or of interest to senior DoD officials.
(3) Conduct training on the provisions of this part and 5 U.S.C.
552 and DoD 5400.7-R for officials and employees who implement the
FOIA.
(4) Submit the Annual Report prescribed in Chapter 7 of DoD 5400.7-
R.
(5) Make the records specified in 5 U.S.C. 552(a)(2) unless such
records are published and copies are offered for sale, available for
public inspection and copying in an appropriate facility or facilities,
according to rules published in the Federal Register.
(6) Maintain and make current indices of all 5 U.S.C. 552(a)(2)
records available for public inspection and copying.
Sec. 285.5 Information requirements.
The reporting requirements in Chapter 7 of DoD 5400.7-R have been
assigned Report Control Symbol DD-DA&M(A)1365.
[[Page 73380]]
Dated: December 6, 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. 05-23880 Filed 12-9-05; 8:45 am]
BILLING CODE 5001-06-M