[Code of Federal Regulations] [Title 32, Volume 6] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR1285.4] [Page 280-282] TITLE 32-NATIONAL DEFENSE CHAPTER XII--DEFENSE LOGISTICS AGENCY PART 1285_DEFENSE LOGISTICS AGENCY FREEDOM OF INFORMATION ACT PROGRAM --Table of Contents Sec. 1285.4 Responsibilities. (a) The Staff Director, Administration, HQ DLA-X: (1) Has overall responsibility for establishment and implementation of the DLA FOIA program, providing guidance and instructions to PLFA's and PSE's. (2) Designates a FOIA manager to administer the DLA FOIA program. (3) Serves as the point of contact for referring members of the public to the proper DLA source for Agency records. (4) Serves as appellate authority on fee waivers and category determinations. (5) Serve as initial denial authority for record denials where more than one PSE is involved or where a PSE has made a determination that the requested record cannot be found. (6) Submits required reports to the Office of the Assistant Secretary of Defense, Public Affairs. (7) Collects and deposits fees for FOIA services performed at HQ DLA and DASC. (b) The General counsel, HQ DLA-G: (1) Provides legal advice and assistance to HQ DLA PSE's and, where appropriate, PLFA's in determining decisions to withhold records. (2) Processes appeals to the Director, DLA, of denials to provide records or ``no record'' determinations. (3) Coordinates denial actions with Office of the General Counsel, DoD, and the Department of Justice, as appropriate. (4) Ensures that case files of FOIA appeals are maintained for 6 years after final agency decision. (c) The Staff Director, Office of Public Affairs, HQ DLA-B, serves as a coordinating office for the release of information to the news media where potential for controversy exists. (d) The Staff Director, Office of Congressional Affairs, HQ DLA-Y, serves as a coordinating office on final responses to FOIA requests from members of the Congress. (e) The heads of the DLA principal staff elements (PSE's): (1) Appoint an individual to serve as FOIA monitor. Letters of appointment will be forwarded to DLA-XAM. (2) Forward to DLA-XAM any FOIA request received directly from the public so that the request may be administratively controlled. (3) Ensures that provisions of this regulation are followed in processing requests for records from the public. [[Page 281]] (4) Coordinate requests with other HQ DLA staff elements to the extent considered necessary. (5) Coordinate any proposed denial with the General Counsel. (6) Serve as initial denial authority. (7) Ensure that FOIA case files of denials are maintained for 6 years and that full releases are maintained for 2 years. (8) Make initial determinations to release records or designate individuals to make such determinations. (f) The PSE FOIA monitors: (1) Process and control all FOIA requests received from DLA-XAM. (2) Make sure established suspenses are met. (3) Request extensions of time from DLA-XAM when necessary and within the limits of Sec. 1285.5(j) of this part. (4) Gather cost estimates when requested. (5) Ensure costs for processing each Freedom of Information Act request are properly recorded. (6) Coordinate proposed full and partial denials with DLA-XAM prior to signature by the PSE director. Forward a copy of the final response and cost information to DLA-XAM. (g) The heads of DLA primary level field activities (PLFA's): (1) Designate a FOIA manager to administer the DLA FOIA program within the PLFA. Forward the name, address, and telephone number of the manager to DLA-XAM. (2) Ensure that the provisions of this regulation are followed in processing requests for records from members of the public. (3) Provide facilities where members of the public may examine and copy the following documents: (i) DLAH 5805.1 \7\, DLA Organization Directory. --------------------------------------------------------------------------- \7\ See Footnote 2 to Sec. 1285.2(i)(4). --------------------------------------------------------------------------- (ii) DLAH 5025.1 \8\, DLA Index of Publications. --------------------------------------------------------------------------- \8\ See Footnote 2 to Sec. 1285.2(i)(4). --------------------------------------------------------------------------- (iii) DLAM 5015.1, Files Maintenance and Disposition. (iv) Copies of local directories or indexes. (v) Any other available ``(a)(1)'' or ``(a)(2)'' material. (4) Sign letters of denial and ``no record'' determinations after coordination with Counsel. (5) Refer cases of significance to DLA-XAM for review and evaluation when the issues raised are unusual, precedent setting, or otherwise require special guidance. (6) Establish safeguards to ensure that FOUO material is protected. (7) Establish procedures to ensure that a record is maintained of all FOIA requests for logistical data (data on magnetic tape extracted from any of the DLA automated data processing (ADP) systems). The record will contain the requester's name and address, the date of the request, what information was requested, and what information was furnished. This record will be kept for five years. (8) Inform Public Affairs offices in advance when they intend to withhold or partially withhold a record if it appears that the withholding action may be challenged in the media. (h) Freedom of Information Act managers at all levels: (1) Establish procedures to receive, control, process, and screen FOIA requests. To provide for rapid retrieval of information, FOIA managers will maintain a central log of all incoming FOIA requests. (2) Review requests to determine if they meet the requirements of 5 U.S.C. 552. Determine category of the requester before assigning the request for search. Provide instructions to the searching office on fees and time limits for response. (3) Consult with requesters, where necessary, to determine requester category and to resolve fee issues. (4) Establish training and education program for those personnel who may be involved in responding to FOIA requests. (5) Approve requests for formal extensions of time and notify requesters in writing of the extension. (6) Grant or deny requests for fee waivers or requester category determinations and provide DLA-XAM with a copy of each such denial. (7) Establish procedures to ensure that Sec. 1285.5(1) of this part regarding consultation with submitters of information is complied with. [[Page 282]] (8) Establish procedures for the collection and deposit of fees for FOIA services. (9) Ensure that cost data is maintained for each case file. (10) Establish procedures to ensure that record denials and ``no record'' determinations are signed by the PLFA initial denial authority and a copy forwarded to DLA-XAM. (11) Notify DLA-XAM of requesters who have failed to pay fees in a timely manner. (12) Prepare and submit reports as required. (13) Consult with public affairs officers (PAO's) to become familiar with subject matter that is considered to be newsworthy and advise PAO's of all requests from news media representatives. (14) Establish procedures to provide the Congressional Affairs focal point with an information copy of each FOIA request received from a member of the Congress. (15) Coordinate any proposed supplements or training material with DLA-XAM prior to publication or dissemination. (16) Establish procedures to ensure that case files of FOIA releases are maintained for two years after cutoff and that denials are maintained for 6 years after cutoff. (17) Review all proposed full and partial denials prior to signature by the initial denial authority for compliance with these rules.