[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR701.10]

[Page 60-61]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 701_AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION 
OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents
 
   Subpart A_Department of the Navy Freedom of Information Act (FOIA) 
                                 Program
 
Sec. 701.10  Processing requests received from governmental officials.

    (a) Members of Congress. Many constituents seek access to 
information through their Member of Congress. Members of Congress who 
seek access to records on behalf of their constituent are provided the 
same information that the constituent would be entitled to receive. 
There is no need to verify that the individual has authorized the 
release of his/her record to the Congressional member, since the Privacy 
Act's ``blanket routine use'' for Congressional inquiries applies.
    (b) Privileged release to U.S. Government officials. DON records may 
be authenticated and released to U.S. Government officials if they are 
requesting them in their official capacity on behalf of Federal 
governmental bodies, whether legislative, executive, administrative, or 
judicial. To ensure adequate protection of these documents, DON 
activities shall inform officials receiving records under the provisions 
of this paragraph that those records are exempt from public release 
under FOIA. DON activities shall also mark the records as ``Privileged'' 
and ``Exempt from Public Disclosure'' and annotate any special handling 
instructions on the records. Because such releases are not made under 
the provisions of the FOIA, they do not impact

[[Page 61]]

on future decisions to release/deny requests for the same records to 
other requesters. Examples of privileged releases are:
    (1) In response to a request from a Committee or Subcommittee of 
Congress, or to either House sitting as a whole.
    (2) To the Federal Courts, whenever ordered by officers of the court 
as necessary for the proper administration of justice.
    (3) To other Federal agencies, both executive and administrative, as 
determined by the head of a DON activity or designee.
    (c) State or local government officials. Requests from State or 
local government officials for DON records are treated the same as any 
other requester.
    (d) Non-FOIA requests from foreign governments. Requests from 
foreign governments that do not invoke the FOIA shall be referred to the 
appropriate foreign disclosure channels and the requester so notified. 
See Sec. 701.11(c) regarding processing FOIA requests from foreign 
governments and/or their officials.