[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Rules and Regulations]
[Pages 61013-61014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29659]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 285

[DoD 5400.7]


DoD Freedom of Information Act (FOIA) Program

AGENCY: Department of Defense.

ACTION: Final rule.

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SUMMARY: This revision conforms 32 CFR part 285, DoD Freedom of 
Information Act (FOIA) program, to the requirements of the Electronic 
Freedom of Information Act Amendments of 1996, as amended by Pub. L. 
104-231.

EFFECTIVE DATE: September 29, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. C. Talbott, 703-697-1171.

SUPPLEMENTARY INFORMATION: On May 12, 1997 (62 FR 25875), the 
Department of Defense published a proposed rule for comment. No 
comments were received.

Executive Order 12866, Regulatory Planning and Review

    It has been determined that this final rule (32 CFR part 285) is 
not a significant regulatory action. The rule does not:
    (1) Have an annual effect to the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity' competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments, or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive order.

Public Law 96-354, Regulatory Flexibility Act (5 U.S.C. 601)

    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 statue concerning the release of Federal Government 
records, and does not economically impact Federal Government relations 
with the private sector.

Public Law 96-511, Paperwork Reduction Act (44 U.S.C. Chapter 35)

    It has been certified that this part does not impose any reporting 
or recordkeeping requirements under the Paperwork Reduction Act of 
1995.

List of Subjects in 32 CFR Part 285

    Freedom of information.

    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 the implementation of 
the DoD FOIA Program under 5 U.S.C. 552.
    (b) 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, and the DoD Field Activities 
(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 
Pub. L. 86-36 (1959), codified at 50 U.S.C. 402 note. The records of 
the Defense Intelligence Agency, National Reconnaissance Office, and 
the National Imagery and Mapping Agency are also subject to this part 
unless the records are exempt under 10 U.S.C. 424.


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 ensure national security.
    (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 32 CFR part 
286, those agency records that are requested by a member of the general 
public who explicitly or implicitly cites the FOIA.
    (d) Answer promptly all other requests for information, agency 
records, objects, and articles under established procedures and 
practices.
    (e) Release agency records to the public unless those records are 
exempt from mandatory disclosure as outlined in 5 U.S.C. 552. Make 
discretionary disclosures of exempt records or information whenever 
disclosure would not foreseeably harm an interest protected by a FOIA 
exemption.
    (f) Process requests by individuals for access to records about 
themselves contained in a Privacy Act system of records under 
procedures set forth in

[[Page 61014]]

DoD 5400.11-R,\1\ and procedures outlined in this part amplified by 32 
CFR part 286.
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    \1\ Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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Sec. 285.4  Responsibilities.

    (a) The Assistant Secretary of Defense for Public Affairs shall:
    (1) Direct and administer the DoD FOIA Program to ensure compliance 
with policies and procedures that govern the administration of the 
program.
    (2) Issue a DoD FOIA regulation and other discretionary 
instructions and guidance to ensure timely and reasonably uniform 
implementation of the FOIA in the Department of Defense.
    (3) Internally administer the FOIA Program for OSD, the Chairman of 
the Joint Chiefs of Staff and, as an exception to DoD Directive 
5100.3,\2\ the Combatant Commands.
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    \2\ See footnote 1.
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    (4) As the designee of the Secretary of Defense, serve as the sole 
appellate authority for appeals to decisions of respective Initial 
Denial Authorities within OSD, the Chairman of the Joint Chiefs of 
Staff, the Combatant Commands, and the DoD Field Activities.
    (b) The General Counsel of the Department of Defense shall provide 
uniformity in the legal interpretation of this part.
    (c) The Heads of the DoD Components shall:
    (1) Publish in the Federal Register any instructions necessary for 
the internal administration of this part within a DoD Component that 
are not prescribed by this Directive or by other issuances of the 
Assistant Secretary of Defense (Public Affairs). For the guidance of 
the public, the information specified in 5 U.S.C. 552(a)(1) shall be 
published in accordance with DoD Directive 5400.9.\3\
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    \3\ See footnote 1.
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    (2) Conduct training on the provisions of this part, 5 U.S.C. 552, 
and 32 CFR part 286 for officials and employees who implement the FOIA.
    (3) Submit the report prescribed in subpart G of 32 CFR part 286.
    (4) Make available for public inspection and copying in an 
appropriate facility or facilities, in accordance with rules published 
in the Federal Register, the records specified in 10 U.S.C. 552(a)(2), 
unless such records are published and copies are offered for sale. 
These records shall be made available to the public in hard copy, by 
computer telecommunications, or other electronic means.
    (5) Maintain and make available for public inspection and copying 
current indices of all (a)(2) records as required by 10 U.S.C. 
552(a)(2).


Sec. 285.5  Information requirements.

    The reporting requirements in subpart G of 32 CFR part 286 have 
been assigned Report Control Symbol DD-PA(A) 1365.

    Dated: November 5, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-29659 Filed 11-13-97; 8:45 am]
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