[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR806.21]

[Page 16-17]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 806--AIR FORCE FREEDOM OF INFORMATION ACT PROGRAM--Table of Contents
 
Sec. 806.21  Appeals.

    (a) FOIA requesters seeking Air Force records must address appeals 
to the Office of the Secretary of the Air Force, through the FOIA office 
of the IDA that denied the request. Requesters should attach a copy of 
the denial letter to their appeal and give reasons for appealing. Air 
Force IDAs may reconsider any prior denials and may grant all or part of 
a requester's appeal. When any appellate action sought by a FOIA 
requester is denied by an IDA, the IDA will include a statement that the 
issues raised in the appeal were considered and rejected (in full or in 
part) in any file sent to the Secretary of the Air Force in the course 
of a FOIA appeal action. Send all appeals to IDA decisions at the wing 
level

[[Page 17]]

through the MAJCOM FOIA office for sending to the Secretary of the Air 
Force's designated appellate authority, SAF/GCA (and Air Force Legal 
Services Agency (AFLSA/JACL)). (See Secs. 806.4(g), 806.5(b), and 
Sec. 806.5(k).) Additional steps are required prior to sending an appeal 
file.
    (1) MAJCOM FOIA offices and record OPRs are responsible for ensuring 
adequate preparation of the FOIA appeal package for reconsideration by 
the IDA. FOIA offices and records OPRs will coordinate with Air Force 
attorneys, who will provide written opinions on substantive issues 
raised in the appeal.
    (2) If a requester appeals an Air Force ``no records'' 
determination, Air Force elements must search again or verify the 
adequacy of their first search. The package must include documents that 
show the Air Force element systematically tried to find responsive 
records. Tell, for example, what areas or offices were searched and how 
the search was conducted--manually, by computer, by telephone, and so 
forth. In the event a requester sues the Air Force to contest a 
determination that no responsive records exist, formal affidavits are 
required to support the adequacy of any searches conducted.
    (3) FOIA requesters seeking to appeal denials involving Office of 
Personnel Management's controlled civilian personnel records must appeal 
to the Office of the General Counsel, Office of Personnel Management, 
1900 E Street NW, Washington, DC 20415.
    (4) If a requester appeals a denial of a fee waiver, fee estimate, 
or fee reduction request, FOIA offices and record OPRs must account for 
actual and estimated costs of processing a request, and will include 
copies of the DD Forms 2086 or 2086-1 in the appeal package.
    (5) When any appellate action sought by a FOIA requester is denied 
by an IDA, prepare the FOIA appeal package as specified in Sec. 806.29, 
and then the MAJCOM FOIA office forwards the appeal file to the 
Secretary of the Air Force's designated appellate authority, SAF/GCA 
(through AFLSA/JACL), for a final administrative determination.
    (b) Air Force activities will process appeal actions expeditiously 
to ensure they reach the Office of the Secretary of the Air Force in a 
timely manner.