[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: 32CFR806.25]

[Page 17-18]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 806--AIR FORCE FREEDOM OF INFORMATION ACT PROGRAM--Table of Contents
 
Sec. 806.25  Annual report.

    (a) MAJCOM FOIA managers and AFLSA/JACL send a consolidated report 
for the fiscal year on DD Form 2564, Annual Report Freedom of 
Information Act, to HQ AFCIC/ITC by October 30 via regular mail, e-mail, 
or facsimile. AFLSA/JACL will prepare the appeals and litigation costs 
sections of the report. HQ AFCIC/ITC will make the Air Force report 
available on the WWW.
    (b) Total requests processed. ``Processed'' includes responses that 
give an estimated cost for providing the records, even if the requester 
has not paid.
    (c) Denied in full. Do not report ``no record'' responses as 
denials.
    (d) Other reasons.
    (1) Referrals. Also include referrals within Air Force in this 
category.
    (2) Not an agency record. The ``not an agency record'' other reason 
category only applies to requests for: objects or

[[Page 18]]

articles such as structures, furniture, vehicles and equipment, whatever 
their historical value, or value as evidence; anything that is not a 
tangible or documentary record such as an individual's memory or oral 
communication; and personal records of an individual not subject to 
agency creation or retention requirements, created and maintained 
primarily for the convenience of an agency employee and not distributed 
to other agency employees for their official use. This category does not 
include ``no record'' responses.
    (e) Other. The ``Other (Specify)'' block must contain the reason 
with the total number for the reason. For example: ``FOIA request had no 
return address-4.''
    (f) 5 U.S.C. 552(b)(3) statutes invoked on initial determinations. A 
corresponding statute is required for each instance entered in the 
Exemption 3 block. List the statute by number, not title. For any 
statute on the report that is not on DoD's list of commonly used 5 
U.S.C. 552(b)(3) statutes, attach a copy of the pertinent page of the 
statute that states information must be withheld from public disclosure. 
HQ AFCIC/ITC makes the DoD list available to FOIA managers 
electronically. Statutes on the DoD list with an asterisk indicate they 
are valid 5 U.S.C. 552(b)(3) statutes from litigation. Do not enter any 
of the following as 5 U.S.C. 552(b)(3) statutes:

5 U.S.C. 552
5 U.S.C. 552a
28 U.S.C. 1498
17 U.S.C. 101
18 U.S.C. 1905.

    (g) Appeal determinations. Enter the total number of FOIA appeals 
received and total number of FOIA appeals completed during the fiscal 
year.
    (h) Average. Air Force will use the ``median age'' and will not 
collect or report averages.
    (i) Number of initial requests received during the fiscal year. This 
number includes open and closed cases.
    (j) Total number of initial requests. ``Processed'' includes 
responses which give an estimated cost for providing the records, even 
if the requester has not paid.
    (k) Total program cost. This figure includes all costs from the DD 
Forms 2086 and 2086-1, as well as personnel costs for individuals 
primarily involved in administering the FOIA program. To figure 
personnel costs, multiply the annual salary of each person by the 
percentage of time spent on FOIA.
    (l) MAJCOMs and bases do not include the 25 percent. HQ AFCIC/ITC 
will add to the final Air Force report to DoD.
    (m) Authentication. MAJCOM SCs will sign as approving official (or 
two-letter functional equivalent for FOIA offices in other functional 
areas).