Freedom of Information Act Program

SUMMARY: The Department of the Air Force is revising our rules on the

Freedom of Information Act Program of the Code of Federal Regulations

(CFRs) to reflect current policies. Part 806 implements Air Force

Policy Directive (AFPD) 37-1, Air Force Information Management (will

convert to AFPD 33-3), and applies to all Air Force activities. It

provides policies and procedures for implementing the Freedom of

Information Act (FOIA), Title 5 United States Code (U.S.C.) Section

552, as amended, and ``For Official Use Only (FOUO)'' information

requirements.

EFFECTIVE DATE: November 1, 1999.

ADDRESSES: Mrs. Anne P. Rollins, HQ AFCIC/ITC, 1250 Air Force Pentagon,

Washington, DC 20330-1250, 703-588-6187.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne P. Rollins, HQ AFCIC/ITC,

703-588-6187.

List of Subjects in 32 CFR Part 806

Freedom of Information.

For the reasons set forth in the preamble, the Department of the

Air Force is revising 32 CFR part 806 as follows:

PART 806--AIR FORCE FREEDOM OF INFORMATION ACT PROGRAM

Sec.

806.1 Summary of revisions.

806.2 Applicability.

806.3 Public information.

806.4 Definitions.

806.5 Responsibilities.

806.6 Prompt action on requests.

806.7 Use of exemptions.

806.8 Description of requested record.

806.9 Referrals.

806.10 Records management.

806.11 FOIA reading rooms.

806.12 Record availability.

806.13 5 U.S.C. 552 (a)(2) materials.

806.14 Other materials.

806.15 FOIA exemptions.

806.16 For official use only.

806.17 Release and processing procedures.

806.18 Initial determinations.

806.19 Reasonably segregable portions.

806.20 Records of non-U.S. government source.

806.21 Appeals.

806.22 Time limits.

806.23 Delay in responding to an appeal.

806.24 Fee restrictions.

806.25 Annual report.

806.26 Addressing FOIA requests.

806.27 Samples of Air Force FOIA processing documents.

806.28 Records with special disclosure procedures.

806.29 Administrative processing of Air Force FOIA requests.

806.30 FOIA exempt information examples.

806.31 Requirements of 5 U.S.C. 552(b)(4) to submitters of

nongovernment contract-related information.

Appendix A To Part 806--References

Appendix B To Part 806--Abbreviations and Acronyms

Appendix C To Part 806--Terms

Authority: 5 U.S.C. 552.

Sec. 806.1 Summary of revisions.

This part makes this guidance an Air Force supplement to the DoD

regulation at 32 CFR part 286. It transfers responsibility for the Air

Force Freedom of Information Act (FOIA) Program from the Office of the

Secretary of the Air Force (SAF/AAI) to Headquarters United States Air

Force (HQ USAF/SC) and Headquarters Air Force Communications and

Information Center/Corporate Information Division (HQ AFCIC/ITC);

contains significant changes and additions to implement the Electronic

Freedom of Information Act (EFOIA) Amendments of 1996; addresses

electronic records; increases time limits to 20 working days; adds

procedures for multiple tracking and expedited processing of requests;

changes annual report date and content; adds major command (MAJCOM)

inspectors general (IG), MAJCOM Directors of Inquiries (IGQ), and wing

commanders as initial denial authorities (IDAs).

Sec. 806.2 Applicability.

A list of Air Force MAJCOMs, field operating agencies (FOAs), and

Direct Reporting Units (DRUs) is at Sec. 806.26.

Sec. 806.3 Public information.

(a) Functional requests. Air Force elements may receive requests

for government information or records from the public that do not refer

to the FOIA. Often these requests are sent to a public affairs office

(PAO) or a specific unit. All releases of information from Air Force

records, whether the requester cites the FOIA or not, must comply with

the principles of the FOIA and this part. If the requested material

contains personal privacy information that the Air Force must withhold,

it is particularly important to handle that ``functional'' request as a

request under the FOIA and coordinate it with the appropriate FOIA

office and an Air Force attorney. Regardless of the nature of the

functional request, if the responding element denies the release of

information from Air Force records, then control the request as a FOIA

and follow FOIA denial procedures for records withheld (cite the

pertinent FOIA exemption and give the requester FOIA appeal rights).

(b) HQ AFCIC/ITC will make the Air Force handbook and guide for

requesting records available on the World Wide Web (WWW) from Air

ForceLINK, at http://www.foia.af.mil/handbook.htm.

Sec. 806.4 Definitions.

(a) Electronic reading room (ERR). Rooms established on Internet

web sites for public access to FOIA-processed (a)(2)(D) records.

(b) FOIA request. This includes FOIA requests made by members of

Congress either on their own behalf or on behalf of one of their

constituents. Process FOIA requests from members of Congress in

accordance with this Air Force supplement. Air Force-affiliated

requesters, to include military and civilian employees, should not use

government equipment, supplies, stationery, postage, telephones, or

official mail channels to make FOIA requests.

(1) Simple requests can be processed quickly with limited impact on

the responding units. The request clearly identifies the records with

no (or few) complicating factors involved. There are few or no

responsive records. Only one installation is involved and there are no

outside Office of Primary Responsibility (OPRs). There are no

classified or nongovernment records. No deliberative process/privileged

materials are involved. The responsive records contain no (or limited)

personal privacy information and do not come from a Privacy Act system

of records. No time extensions are anticipated.

(2) Complex requests take substantial time and cause significant

impact on responding units. Complications and delays are likely.

Records sought are massive in volume. Multiple organizations must

review/coordinate on requested records. Records are classified;

originated with a nongovernment source; are part of the Air Force's

decision-making process; or are privileged.

(c) Government Information Locator Service (GILS). GILS is an

automated on-line card catalog of publicly accessible information. The

Office of Management and Budget (OMB) Bulletin 95-01, December 7, 1994,

and OMB Memorandum, February 6, 1998, mandates that all federal

agencies create

[[Page 72809]]

a GILS record for information available to the public. The DoD GILS

resides on DefenseLINK, the official DoD home page, at ``http://

www.defenselink.mil/locator/index.html.''

(d) Initial denial authority. Only approved IDAs may deny all or

parts of records. FOIA managers may: initially deny fee category

claims, requests for expedited processing, and waiver or reduction of

fees; review fee estimates; and sign ``no records'' responses. IDAs are

the deputy chiefs of staff and chiefs of comparable offices or higher

at HQ USAF and Secretary of the Air Force (SAF), and MAJCOM commanders.

Deputy Chiefs of Staff and chiefs of comparable offices or higher at HQ

USAF and SAF may name one additional position as denial authority.

MAJCOM commanders may appoint two additional positions at the

headquarters and also the wing commander at base level. MAJCOM IGs and

MAJCOM Directors of Inquiries (IGQ) may act as IDAs for IG records.

MAJCOM FOIA managers must notify HQ AFCIC/ITC in writing (by facsimile,

e-mail, or regular mail) of IDA position titles. Send position titles

only--no names. HQ AFCIC/ITC sends SAF/IGQ a copy of the correspondence

designating IDA positions for IG records. When the commander changes

the IDA designee position, MAJCOM FOIA managers will advise HQ AFCIC/

ITC immediately. In the absence of the designated IDA, the individual

filling/assuming that position acts as an IDA, however; all denial

documentation must reflect the position title of the approved or

designated IDA, even if in an acting capacity (for example, Acting

Director of Communications and Information, Headquarters Air Combat

Command).

(e) Office of primary responsibility (OPR). A DoD element that

either prepared, or is responsible for, records identified as

responsive to a FOIA request. OPRs coordinate with the office of

corollary responsibility (OCR) and FOIA managers to assist IDAs in

making decisions on FOIA requests.

(f) OCR. A DoD element with an official interest in, and/or

collateral responsibility for, the contents of records identified as

responsive to a FOIA request, even though those records were either

prepared by, or are the primary responsibility of, a different DoD

element. OCRs coordinate with OPRs and FOIA managers to assist IDAs in

making decisions on FOIA requests.

(g) Appellate authority. The SAF has designated the Deputy General

Counsel, Fiscal, Ethics, and Civilian Personnel (SAF/GCA) as the FOIA

appellate authority.

(h) Reading room. Any place where a member of the public may view

FOIA records.

Sec. 806.5 Responsibilities.

(a) The Director, Communications and Information (HQ USAF/SC) has

overall responsibility for the Air Force FOIA Program. The Corporate

Information Division (HQ AFCIC/ITC) administers the procedures

necessary to implement the Air Force FOIA Program, submits reports to

the Director, Freedom of Information and Security Review (DFOISR), and

provides guidance and instructions to MAJCOMs. Responsibilities of

other Air Force elements follow.

(b) SAF/GCA makes final decisions on FOIA administrative appeals.

(c) Installation commanders will: Comply with FOIA electronic

reading room (ERR) requirements by establishing a FOIA site on their

installation public web page and making frequently requested records

(FOIA-processed (a)(2)(D)) records available through links from that

site, with a link to the Air Force FOIA web page at http://

www.foia.af.mil. See Sec. 806.12(c).

(d) MAJCOM commanders implement this instruction and appoint a FOIA

manager, in writing. Send the name, phone number, office symbol, and e-

mail address to HQ AFCIC/ITC, 1250 Air Force Pentagon, Washington, DC

20330-1250.

(e) Air Force attorneys review FOIA responses for legal

sufficiency, provide legal advice to OPRs, disclosure authorities,

IDAs, and FOIA managers, and provide written legal opinions when

responsive records (or portions of responsive records) are withheld.

Air Force attorneys ensure factual and legal issues raised by

appellants are considered by IDAs prior to sending the FOIA appeal

files to the Secretary of the Air Force's designee for final action.

(f) Disclosure authorities and IDAs apply the policies and guidance

in this instruction, along with the written recommendations provided by

staff elements, when considering what decisions to make on pending FOIA

actions. Where any responsive records are denied, the IDA tells the

requesters the nature of records or information denied, the FOIA

exemption supporting the denial, the reasons the records were not

released, and gives the requester the appeal procedures. In addition,

on partial releases, IDAs must ensure requesters can see the placement

and general length of redactions with the applicable exemption

indicated. This procedure applies to all media, including electronic

records. Providing placement and general length of redacted information

is not required if doing so would harm an interest protected by a FOIA

exemption. When working FOIA appeal actions for the appellate authority

review:

(1) IDAs grant or recommend continued denial (in full or in part)

of the requester's appeal of the earlier withholding of responsive

records, or adverse determination (for example, IDAs may release some

or all of the previously denied documents).

(2) IDAs reassess a request for expedited processing due to

demonstrated compelling need, overturning or confirming the initial

determination made by the FOIA manager.

(3) When an IDA denies any appellate action sought by a FOIA

requester, the IDA, or MAJCOM FOIA manager (for no record, fee, fee

estimates, or fee category appeals) will indicate in writing that the

issues raised in the FOIA appeal were considered and rejected (in full

or in part). Include this written statement in the file you send to the

Secretary of the Air Force in the course of a FOIA appeal action. Send

all appeal actions through the MAJCOM FOIA office.

(g) OPRs:

(1) Coordinate the release or denial of records requested under the

FOIA with OCRs, FOIA offices, and with Air Force attorneys on proposed

denials.

(2) Provide requested records. Indicate withheld parts of records

annotated with FOIA exemption. Ensure requesters can see the placement

and general length of redactions. This procedure applies to all media,

including electronic records. Providing placement and general length of

redacted information is not required if doing so would harm an interest

protected by a FOIA exemption.

(3) Provide written recommendations to the disclosure authority to

determine whether or not to release records, and act as

declassification authority when appropriate.

(4) Make frequently requested records (FOIA-processed (a)(2)(D))

available to the public in the FOIA ERR via the Internet. As required

by AFIs 33-129, Transmission of Information Via the Internet, and 35-

205, Air Force Security and Policy Review Program, OPRs request

clearance of these records with the PAO before posting on the WWW, and

coordinate with JA and FOIA office prior to posting. The FOIA manager,

in coordination with the functional OPR or the owner of the records,

will determine qualifying records, after coordination with any

interested OCRs.

(5) Complete the required GILS core record for each FOIA-processed

(a)(2)(D) record.

[[Page 72810]]

(6) Manage ERR records posted to the installation public web page

by updating or removing them when no longer needed. Software for

tracking number of hits may assist in this effort.

(h) FOIA managers:

(1) Ensure administrative correctness of all FOIA actions

processed.

(2) Control and process FOIA requests.

(3) Obtain recommendations from the OPR for records.

(4) Prepare or coordinate on all proposed replies to the requester.

FOIA managers may sign replies to requesters when disclosure

authorities approve the total release of records. If the MAJCOM part

directs the OPR to prepare the reply, the OPR will coordinate their

reply with the FOIA office.

(5) Make determinations as to whether or not the nature of requests

are simple or complex where multitrack FOIA request processing queues

exist.

(6) Approve or initially deny any requests for expedited

processing.

(7) Provide interim responses to requesters, as required.

(8) Provide a reading room for inspecting and copying records.

(9) Provide training.

(10) Review publications for compliance with this part.

(11) Conduct periodic program reviews.

(12) Approve or deny initial fee waiver requests.

(13) Make the initial decision on chargeable fees.

(14) Collect fees.

(15) Send extension notices.

(16) Submit reports.

(17) Sign ``no record'' responses.

(18) Provide the requester the basis for any adverse determination

(i.e., no records, fee denials, fee category determinations, etc.) in

enough detail to permit the requester to make a decision whether or not

to appeal the actions taken, and provide the requester with appeal

procedures.

(i) On appeals, FOIA managers:

(1) Reassess a fee category claim by a requester, overturning or

confirming the initial determination.

(2) Reassess a request for expedited processing due to demonstrated

compelling need, overturning or confirming the initial determination.

(3) Reassess a request for a waiver or reduction of fees,

overturning or confirming the initial determination.

(4) Review a fee estimate, overturning or confirming the initial

determination.

(5) Confirm that no records were located in response to a request.

(j) The base FOIA manager acts as the FOIA focal point for the FOIA

site on the installation web page.

(k) When any appellate action sought by a FOIA requester is denied

by an IDA or FOIA manager for authorized actions, the IDA or FOIA

manager will indicate, in writing, that the issues raised in the FOIA

appeal were considered and rejected (in full or in part). Include this

written statement in the file you send to the Secretary of the Air

Force in the course of a FOIA appeal action. Send all appeal actions

through the MAJCOM FOIA office.

Sec. 806.6 Prompt action on requests.

(a) Examples of letters to FOIA requesters (e.g., response

determinations and interim responses) are included in Sec. 806.27.

(b) Multitrack processing. (1) Examples of letters to FOIA

requesters (e.g., letters to individuals who have had their FOIA

request placed in the complex track) are included in Sec. 806.27.

(2) Simple requests can be processed quickly, with limited impact

on the responding units. The request clearly identifies the records

with no (or few) complicating factors involved. There are few or no

responsive records, only one installation is involved, there are no

outside OPRs, no classified or nongovernment records, no deliberative

process/privileged materials are involved, records contain no (or

limited) personal privacy information/did not come from Privacy Act

systems of records concerning other individuals, or time extensions not

anticipated.

(c) Complex requests will take substantial time, will cause

significant impact on responding units. Complications and delays are

likely. Records sought are massive in volume, multiple organizations

must review/coordinate on records, records are classified, records

originated with a nongovernment source, records were part of the Air

Force's decision-making process or are privileged.

(d) Expedited processing. Examples of letters to individuals whose

FOIA requests and/or appeals were not expedited are included in

Sec. 806.27.

Sec. 806.7 Use of exemptions.

(a) A listing of some AFIs that provide guidance on special

disclosure procedures for certain types of records is provided in

Sec. 806.28. Refer to those instructions for specific disclosure

procedures. Remember, the only reason to deny a request is a FOIA

exemption.

(b) Refer requests from foreign government officials that do not

cite the FOIA to your foreign disclosure office and notify the

requester.

(c) If you have a non-U.S. Government record, determine if you need

to consult with the record's originator before releasing it (see

Sec. 806.9 and Sec. 806.15(c)). This includes records created by

foreign governments and organizations such as North Atlantic Treaty

Organization (NATO) and North American Aerospace Defense (NORAD). You

may need to coordinate release of foreign government records with

either the U.S. Department of State or with the specific foreign

embassy, directly through the MAJCOM FOIA office. Coordinate release or

denial of letters of offer and acceptance (LOA) with SAF/IA through 11

CS/SCSR (FOIA), 1000 Air Force Pentagon, Washington DC 20330-1000.

Sec. 806.8 Description of requested record.

Air Force elements must make reasonable efforts to find the records

described in FOIA requests. Reasonable efforts means searching all

activities and locations most likely to have the records, and includes

staged or retired records, as well as complete and thorough searches of

relevant electronic records, such as databases, word processing, and

electronic mail files.

Sec. 806.9 Referrals.

(a) Send all referrals through the FOIA office. The receiving FOIA

office must agree to accept the referral before transfer. The FOIA

office will provide the name, phone number, mailing address, and e-mail

address of both the FOIA office point of contact and the record OPR

point of contact in their referral letter. Include the requested

record. If the requested records are massive, then provide a

description of them. Referrals to, or consultations with, DFOISR are

accomplished from the MAJCOM level. Section 806.27 has an example of a

referral memo.

(b) In some cases, requested records are available from the GPO and

NTIS, 5285 Port Royal Road, Springfield VA 22161. These organizations

offer certain records for sale to the public. Current standard

releasable Air Force publications are available

electronically on the WWW at

http://afpubs.hq.af.mil/. For requesters without electronic access,

NTIS has paper copies for sale. Give requesters the web address or NTIS

address when appropriate. However, if the requester prefers to pursue

the FOIA process, consult with HQ AFCIC/ITC through the MAJCOM. Refer

FOIA requests for Air Force publications that are classified, FOUO,

rescinded, or superseded to the OPR through the appropriate FOIA

office.

Sec. 806.10 Records management.

Keep records that were fully released for 2 years and denied

records for 6 years. Include in the 6-year record file copies of

records or parts of records that

[[Page 72811]]

were released in response to the same request. Refer to Air Force

Manual (AFMAN) 37-139, Records Disposition Schedule (converting to

AFMAN 33-339, see Sec. 806.9(b)). The functional OPR or FOIA office may

keep the records released or denied. The FOIA office keeps the FOIA

case file for each request. The FOIA case file consists of: the initial

request; tasking to OPRs; OPR's reply; memoranda for record (MFR) of

phone calls or other actions related to the FOIA request; DD Forms

2086, Record of Freedom of Information (FOI) Processing Cost, or 2086-

1, Record of Freedom of Information (FOI) Processing Cost for Technical

Data; final response; and any of the following, if applicable:

extension letter; legal opinions; submitter notification letters and

replies; the appeal and required attachments (except for the released

or denied records if maintained by the OPR); and all other

correspondence to and from the requester.

Sec. 806.11 FOIA reading rooms.

Each FOIA office will arrange for a reading room where the public

may inspect releasable records. You do not need to co-locate the

reading room with the FOIA office. The FOIA does not require creation

of a reading room dedicated exclusively to this purpose. A ``reading

room'' is any location where a requester may review records. For FOIA-

processed (a)(3) records, if requesters meet the criteria for search

and review costs, they must be paid before inspecting records. Assess

reproduction costs at the time of inspection, if appropriate.

Sec. 806.12 Record availability.

(a) HQ AFCIC/ITC will make the traditional FOIA-processed (a)(2)

materials (5 U.S.C. 552(a)(2)(A), (B), and (C)) available to the

public. Each Air Force activity must make 5 U.S.C. 552(a)(2)(D) records

(``FOIA-processed (a)(2)(D) records''--records which they determine

will, or have become, the subject of frequent or subsequent requests)

available to the public in a reading room in hard copy and

electronically by posting it to their appropriate web site. There is no

requirement to make all FOIA-released records available electronically.

The FOIA manager, in coordination with the functional OPR, or the owner

of the records, determines qualifying records, after coordination with

any interested OCRs. As required by AFIs 33-129 and 35-205, OPRs

request clearance of these records with the PAO before posting on the

WWW.

(b) Normally, if the FOIA office or OPR receives, or anticipates

receiving, five or more requests for the same record in a quarter, they

will consider it a frequently requested record (FOIA-processed

(a)(2)(D) record) and make it publicly available in hard copy and

electronically as outlined in Sec. 806.12(a). OPRs may elect to make

other records publicly available if they receive, or expect to receive,

less than five requests a quarter. The purpose is to make records

available in an ERR to potential future FOIA requesters instead of

waiting to receive a FOIA request, and reduce the number of multiple

FOIA requests for the same records requiring separate responses. In

making these determinations, recognize there are some situations in

which a certain type of record becomes the subject of simultaneous FOIA

requests from all interested parties and then ceases to be of interest.

Activities may typically receive a ``flurry'' of FOIA requests for

contract records immediately after a contract is awarded, but do not

receive any subsequent requests for such bulky records after that

point. In some cases, activities may decide that placing records in the

ERR would not serve the statutory purpose of ``diverting some potential

FOIA requests for previously released records.'' The following types of

records should be considered for inclusion in the ERR (excluding

individuals assigned to overseas, sensitive, and routinely deployable

units): organizational charts and limited staff directories; lists of

personnel reassigned with gaining base; MAJCOM FOIA supplements; lists

of International Merchant Purchase Authority Card (IMPAC) card holders.

Do not post lists of e-mail addresses.

(c) GILS. Each activity that posts FOIA-processed (a)(2)(D) records

(records which they determine will, or have become, the subject of

frequent or subsequent requests) must create a GILS record for each

FOIA-processed (a)(2)(D) record and post it to DefenseLINK. The OPR

prepares the GILS record. You can complete and submit a GILS record on-

line using a web browser. Instructions for completing the GILS record,

and an on-line form are at http://www.defenselink.mil/locator/

index.html. Follow the steps listed on the web page. The GILS site on

DefenseLINK will serve as the central index of Air Force FOIA-processed

(a)(2)(D) records.

(d) In addition, installations will post a list, or index, of

locally produced FOIA-processed (a)(2)(D) records on their web page at

their FOIA site. Each listing will point or link to the particular

record. In addition, MAJCOMs may choose to post their own index of

MAJCOM specific FOIA-processed (a)(2)(D) records to their appropriate

web site. Installation web pages will include the following phrase (or

similar words) on their FOIA site if they do not have any frequently

requested FOIA records: ``There are no frequently requested FOIA

records to post at this time.'' Include the following statement, or a

similar one, on the installation web page with the records: ``Some

records are released to the public under the FOIA, and may therefore

reflect deletion of some information in accordance with the FOIA's nine

statutory exemptions. A consolidated list of such records is on

DefenseLINK.'' Link the word ``DefenseLINK'' to www.defenselink.mil/

locator/fpr__index.html. Qualifying releasable records with exempt

information redacted must show on the record the amount of information

withheld and the exemption reason (for example, (b)(6)). Activities

with such records should provide the public an index and explanation of

the FOIA exemptions. All installation FOIA pages will include a link to

the Air Force page.

(e) FOIA web pages should be clearly accessed from the main

installation page, either by a direct link to ``FOIA'' or ``Freedom of

Information Act'' from the main page, or found under a logical heading

such as ``Library'' or ``Sites.''

Sec. 806.13 ``5 U.S.C. 552(a)(2)'' materials.

The GILS records on DefenseLINK will serve as the index for 5

U.S.C. 552(a)(2)(D) materials.

Sec. 806.14 Other materials.

HQ AFCIC/ITC makes the appropriate FOIA-processed (a)(1) materials

available for the Air Force.

Sec. 806.15 FOIA exemptions.

(a) Exemption number 1. When a requester seeks records that are

classified, or should be classified, only an initial classification

authority, or a declassification authority, can make final

determinations with respect to classification issues. The fact that a

record is marked with a security classification is not enough to

support withholding the document; make sure it is ``properly and

currently classified.'' Review the record paragraph by paragraph for

releasable information. Review declassified and unclassified parts

before release to see if they are exempt by other exemptions. Before

releasing a reviewed and declassified document, draw a single black

line through all the classification markings so they are still legible

and stamp the document unclassified. If the requested records are

``properly and currently classified,'' and the Air Force withholds

[[Page 72812]]

from release under FOIA exemption (b)(1), and the requester appeals the

withholding, include a written statement from an initial classification

authority or declassification authority certifying the data was

properly classified originally and that it remains properly classified

per Executive Order. Examples of initial classification and

declassification authority statements are included in Sec. 806.27.

Guidance on document declassification reviews is in AFI 31-401,

Managing the Information Security Program, and DoD 5200.1-R,

Information Security Program, January 1997.

(b) Exemption number 3. HQ AFCIC/ITC will provide the current FOIA-

processed (b)(3) statutes list to the MAJCOMs.

(c) Exemption number 4. The Air Force, in compliance with Executive

Order 12600, will advise submitters of contractor-submitted records

when a FOIA requester seeks the release of such records, regardless of

any initial determination of whether FOIA exemption (b)(4) applies.

(See Sec. 806.20(a) and Sec. 806.31). Due to a change to Title 48 CFR,

Federal Acquisition Regulations System, submitter notification is not

required prior to release of unit prices contained in contracts awarded

based upon solicitations issued after January 1. 1998. For

solicitations issued before January 1, 1998, conduct a normal submitter

notice. Unit prices contained in proposals provided prior to contract

award are protected from release, as are all portions of unsuccessful

proposals (before and after contract award) (10 U.S.C. 2305(g),

Prohibition on Release of Contractor Proposals).

(d) Exemption number 5. (1) Attorney-client records could include,

e.g., when a commander expresses concerns in confidence to his or her

judge advocate and asks for a legal opinion. The legal opinion and

everything the commander tells the judge advocate in confidence qualify

under this privilege. Unlike deliberative process privilege, both facts

and opinions qualify under the attorney work product or attorney-client

privilege. Attorney work product records are records an attorney

prepares, or supervises the preparation of, in contemplating or

preparing for administrative proceedings or litigation.

(2) Based on court decisions in FOIA litigation, which led to the

release of results of personnel surveys, FOIA managers and IDAs should

get advice from an Air Force attorney before withholding survey results

under FOIA exemption (b)(5).

(e) Exemption number 6. (1) AFI 37-132, Air Force Privacy Act

Program (will convert to AFI 33-332) provides guidance on collecting

and safeguarding social security numbers (SSN). It states: ``SSNs are

personal and unique to each individual. Protect them as FOUO. Do not

disclose them to anyone without an official need to know.'' Before

releasing an Air Force record to a FOIA requester, delete SSNs that

belong to anyone other than the requester. In any subsequent FOIA

release to a different requester of those same records, make sure SSNs

are deleted. When feasible, notify Air Force employees when someone

submits a FOIA request for information about them. The notification

letter should include a brief description of the records requested.

Also include a statement that only releasable records will be provided

and we will protect personal information as required by the FOIA and

Privacy laws.

(2) Personal information may not be posted at publicly accessible

DoD web sites unless to do so is clearly authorized by law and

implementing regulation and policy. Personal information should not be

posted at nonpublicly accessible web sites unless it is mission

essential and appropriate safeguards have been established. See also

AFIs 33-129 and 35-205.

(3) Withhold names and duty addresses of personnel serving overseas

or in sensitive or routinely deployable units. Routinely deployable

units normally leave their permanent home stations on a periodic or

rotating basis for peacetime operations or for scheduled training

exercises conducted outside the United States or United States

territories. Units based in the United States for a long time, such as

those in extensive training or maintenance activities, do not qualify

during that period. Units designated for deployment on contingency

plans not yet executed and units that seldom leave the United States or

United States territories (e.g., annually or semiannually) are not

routinely deployable units. However, units alerted for deployment

outside the United States or United States territories during actual

execution of a contingency plan or in support of a crisis operation

qualify. The way the Air Force deploys units makes it difficult to

determine when a unit that has part of its personnel deployed becomes

eligible for denial. The Air Force may consider a unit deployed on a

routine basis or deployed fully overseas when 30 percent of its

personnel have been either alerted or actually deployed. In this

context, alerted means that a unit has received an official written

warning of an impending operational mission outside the United States

or United States territories. Sensitive units are those involved in

special activities or classified missions, including, for example,

intelligence-gathering units that collect, handle, dispose of, or store

classified information and materials, as well as units that train or

advise foreign personnel.

(i) Each MAJCOM and FOA will establish a system and assign OPRs to

identify United States-based units in their command qualifying for the

``sensitive or routinely deployable unit'' designation, under this

exemption. Appropriate OPRs could include directors of operations,

plans and programs, and personnel.

(ii) MAJCOM FOIA managers will ensure the list of sensitive and

routinely deployable units is reviewed in January and July, and will

follow that review with a memo to the Air Force Personnel Center (HQ

AFPC/MSIMD), 550 C Street West, Suite 48, Randolph AFB, TX 78150-4750,

either validating the current list or providing a revised listing based

on the current status of deployed units at that time. This listing is

in American Standard Code for Information Interchange (ASCII) format on

a 3\1/2\'' (double-sided, high-density) diskette, which contains the

unit's eight-position personnel accounting symbol (PAS) code, with one

PAS code per line (record) (8-byte record). The MAJCOM FOIA manager

will send an electronic copy of the list of nonreleasable units to HQ

AFPC/MSIMD which is included in the personnel data system. The MAJCOM

and HQ AFPC FOIA offices will use it to determine releasable lists of

names and duty addresses. This reporting requirement is exempt from

licensing with a reports control symbol (RCS) in accordance with AFI

37-124, The Information Collections and Reports Management Program;

Controlling Internal, Public, and Interagency Air Force Information

Collections (will convert to AFI 33-324).

(f) Exemption number 7. Guidance provided in Sec. 806.15(e)(1) also

applies to SSNs in records compiled for law enforcement purposes. Do

not disclose SSNs to anyone without an official need to know.

Sec. 806.16 For official use only.

(a) Markings. Record owners may also add the following sentence to

the statement above: ``(Further distribution is prohibited without the

approval of (owner's organization, office symbol, phone).)''

(b) Dissemination and transmission. (1) When deciding whether to

send FOUO records over facsimile equipment, balance the sensitivity of

the

[[Page 72813]]

records against the risk of disclosure. When faxing, use cover sheets

to indicate FOUO attachments (i.e., AF Form 3227, Privacy Act Cover

Sheet, for Privacy Act information). Consider the location of sending

and receiving machines and ensure authorized personnel are available to

receive FOUO information as soon as it is transmitted.

(2) For Privacy Act records, refer to AFI 33-332 for specific

disclosure rules. For releases to GAO and Congress, refer to AFI 90-

401, Air Force Relations With Congress and AFI 65-401, Relations With

the General Accounting Office. See Sec. 806.9(b) for availability.

(c) Termination, disposal and unauthorized disclosures. You may

recycle FOUO material. Safeguard the FOUO documents or information to

prevent unauthorized disclosure until recycling. Recycling contracts

must include specific responsibilities and requirements on protecting

and destroying FOUO and Privacy Act materials.

Sec. 806.17 Release and processing procedures.

(a) Individuals seeking Air Force information should address

requests to an address listed in Sec. 806.26. MAJCOM FOIA office phone

numbers and mailing addresses are available on the Air Force FOIA Web

Page at http://www.foia.af.mil.

(1) A list of Air Force FOIA processing steps, from receipt of the

request through the final disposition of an administrative appeal is at

Sec. 806.29, which also includes guidance on preparing and processing

an Air Force FOIA appeal package.

(2) Air Force host tenant relationships. The Air Force host base

FOIA manager may log, process, and report FOIA requests for Air Force

tenant units. In such cases, the host base FOIA office refers all

recommended denials and ``no records'' appeals to the Air Force tenant

MAJCOM FOIA manager. This does not apply to the Air National Guard

(ANG), Air Force Reserves, or to disclosure authorities for specialized

records.

(b) Use FOIA procedures in this part to process any congressional

request citing FOIA, or covering a constituent letter citing FOIA. This

does not apply to requests from a Congressional Committee or

Subcommittee Chair on behalf of the committee or subcommittee.

Sec. 806.18 Initial determinations.

(a) Disclosure authorities make final decisions on providing

releasable records within the time limits and provide recommendations

to the IDA on proposed denials and partial denials after coordination

with the appropriate FOIA and JA office. Normally, disclosure

authorities are division chiefs or higher at Air Staff level. MAJCOMs

will designate their disclosure authority levels. The level should be

high enough so a responsible authority makes the disclosure according

to the policies outlined in this part. At out sourced units or

functions, the disclosure authority must be a government official.

Contractors who are functional OPRs for official government records are

not authorized to make the decision to disclose government records.

(b) On receipt, Air Force FOIA offices will promptly inform Air

Force PAOs of all FOIA requests that are potentially newsworthy, or

that are submitted by news media requesters. FOIA offices will

coordinate final replies for such cases with public affairs.

Sec. 806.19 Reasonably segregable portions.

Delete information exempt from release under the FOIA from copies

of otherwise releasable records. Do not release copies that would

permit the requester to ``read through the marking.'' Examples of

records with deletions of exempted data are in Sec. 806.30.

Sec. 806.20 Records of non-U.S. government source.

(a) The Air Force, in compliance with Executive Order 12600, will

advise submitters of contractor-submitted records when a FOIA requester

seeks the release of such records, regardless of any initial

determination as to whether FOIA exemption (b)(4) applies. See

Sec. 806.15(c) and Sec. 806.31. Due to a change to 48 CFR, submitter

notification is not required prior to release of unit prices contained

in contracts awarded based upon solicitations issued after January 1,

1998. For solicitations issued before January 1, 1998, conduct a normal

submitter notice. Unit prices contained in proposals provided prior to

contract award are protected from release, as are all portions of

unsuccessful proposals (before and after contract award) (10 U.S.C.

2305(g)).

(b) Department of State involvement. Air Force FOIA managers will

notify their MAJCOM (or equivalent) FOIA office, in writing, via fax or

e-mail when the Department of State becomes involved in any Air Force

FOIA actions. The MAJCOM FOIA office will provide 11 CS/SCSR, via fax

or e-mail, a summary of the issues involved, and the name, phone

number, mailing address and e-mail address of: their own FOIA office

point of contact; the Air Force record OPR point of contact, the DoD

component FOIA office point of contact (if any), and the Department of

State point of contact. 11 CS/SCSR will inform SAF/IA of any State

Department involvement in Air Force FOIA actions. (See Sec. 806.7(b).)

An example of a memo advising 11 CS/SCSR of State Department

involvement in an Air Force FOIA action is provided in Sec. 806.27.

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 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.

[[Page 72814]]

(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.

Sec. 806.22 Time limits.

Any FOIA appeals received after the 60-day time limit are not

processed, unless the requester provides adequate justification for

failing to comply with the time limit. If a late appeal is received,

and there is no adequate justification for failing to comply with the

time limit, the FOIA office will advise the FOIA requester their appeal

has been closed. An example of a closure letter is included in

Sec. 806.27.

Sec. 806.23 Delay in responding to an appeal.

For an appeal in process and not yet forwarded to AFLSA/JACL, the

MAJCOM FOIA office is responsible for advising the requester of the

status of the appeal. For an appeal in process at AFLSA/JACL, that

office will advise the requester regarding status of the appeal.

Sec. 806.24 Fee restrictions.

For FOIA purposes, Air Force activities will consider the cost of

collecting a fee to be $15 and will not assess requesters' fees for any

amount less than $15.

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 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).

Sec. 806.26 Addressing FOIA requests.

(a) FOIA requests concerning Air National Guard Inspector General

records should be sent to 11 CS/SCSR (FOIA), 1000 Air Force Pentagon,

Washington, DC 20330-1000.

(b) Addressing Air Force Freedom of Information Act requests. The

Department of the Air Force, a component of the DoD, includes the

Office of the Secretary of the Air Force, the Chief of Staff of the Air

Force (who is supported by Headquarters Air Force or ``Air Staff''

elements), the MAJCOMs, the FOAs, and DRUs. This section lists the FOIA

office addresses. A selected subordinate unit is also included in this

section. Realignment of Air Force elements is frequent; addresses

listed below are subject to change.

(c) The Department of the Air Force does not have a central

repository for Air Force records. FOIA requests are addressed to the

Air Force element that has custody of the record desired. In answering

inquiries regarding FOIA requests, Air Force personnel will assist

requesters in determining the correct Air Force element to address

their requests. If there is uncertainty as to the ownership of the

record desired, refer the requester to the Air Force element that is

most likely to have the record. Two organizations that include Air

Force elements, and hold some Air Force-related records, are also

included in the addresses listed below.

(d) MAJCOMs:

(1) Air Combat Command (ACC): HQ ACC/SCTC, 230 East Flight Line Road,

Langley AFB VA 23665-2781.

(2) Air Education and Training Command (AETC): HQ AETC/SCTS, 61 Main

Circle Suite 2, Randolph AFB TX 78150-4545.

(3) Air Force Materiel Command (AFMC): HQ AFMC/SCDP, 4225 Logistics

Avenue, Suite 6, Wright-Patterson AFB, OH 45433-5745.

(4) Air Force Reserve Command (AFRC): HQ AFRC/SCSM, 155 2nd Street,

Robins AFB, GA 31098-1635.

(5) Air Force Special Operations Command (AFSOC): HQ AFSOC/SCMN, 100

Bartley Street, Suite 201, Hurlburt Field, FL 32544-5273.

(6) Air Force Space Command (AFSPC): HQ AFSPC/SCMA, 150 Vandenberg

[[Page 72815]]

Street, Suite 1105, Peterson AFB, CO 80914-4400.

(7) Air Mobility Command (AMC): HQ AMC/SCYNR, 203 West Losey Street,

Room 3180, Scott AFB, IL 62225-5223.

(8) Pacific Air Forces (PACAF): HQ PACAF/SCT, 25 E Street, Suite C220,

Hickam AFB, HI 96853-5409.

(9) United States Air Forces in Europe (USAFE): HQ USAFE/SCMI, Unit

3050, Box 125, APO AE 09094-0125.

(e) FOAs:

(1) Air Force Audit Agency (AFAA): HQ AFAA/IMP, 1126 Air Force

Pentagon, Washington, DC 20330-1126.

(2) Air Force Base Conversion Agency (AFBCA): AFBCA/ESA, 1700 North

Moore Street, Suite 2300, Arlington, VA 22209-2802.

(3) Air Force Center for Environmental Excellence (AFCEE): HQ

AFCEE/MSI, 3207 North Road, Brooks AFB, TX 78235-5363.

(4) Air Force Civil Engineering Support Agency (AFCESA): HQ AFCESA/

IMD, 139 Barnes Drive Suite 1, Tyndall AFB, FL 32403-5319.

(5) Air Force Historical Research Agency (AFHRA): AFHRA/RSA, 600

Chennault Circle, Maxwell AFB, AL 36112-6424.

(6) Air Force Inspection Agency (AFIA): (Shared FOIA office/

function, AFIA and Air Force Safety Agency) AFSA/JAR, 9700 Avenue G SE,

Suite 236B, Kirtland AFB, NM 87117-5670.

(7) Air Force Medical Support Agency (AFMSA): AFMSA/CCEA, 2510

Kennedy Circle, Suite 208, Brooks AFB, TX 78235-5121.

(8) Air Force News Agency (AFNEWS): HQ AFNEWS/SCB, 203 Norton

Street, Kelly AFB, TX 78241-6105.

(9) Air Force Office of Special Investigations (AFOSI): HQ AFOSI/

SCR, P. O. Box 2218, Waldorf, MD 20604-2218.

(10) Air Force Personnel Center (AFPC): HQ AFPC/MSIMD, 550 C Street

West, Suite 48, Randolph AFB, TX 78150-4750.

(11) Air Force Center for Quality and Innovation (AFCQMI): AFCQMI/

CSP, 550 E Street East, Randolph AFB, TX 78150-4451.

(12) Air Force Safety Agency (AFSA): (Shared FOIA office/function,

AFIA, and AFSA) AFSA/JARF, 9700 Avenue G SE, Suite 236B, Kirtland AFB,

NM 87117-5670.

(13) Air Force Security Forces Center (AFSFC): AFSFC/CCQ 1720

Patrick Street, Lackland AFB, TX 78236-5226.

(14) Air Force Services Agency (AFSVA): AFSVA/SVSR, 9504 1H-35

North, Suite 250, San Antonio, TX 78233-6635.

(15) Air Force Technical Applications Center (AFTAC): AFTAC/LSCS,

1030 South Highway, Suite A1A, Patrick AFB, FL 32925-6001.

(16) Air Intelligence Agency (AIA): AIA/DOOI, 102 Hall Boulevard,

Suite 229, San Antonio, TX 78243-7029.

(17) Air Reserve Personnel Center (ARPC): ARPC/SCS, 6760 East

Irvington Place, #6600, Denver, CO 80280-6600.

(18) Air Force Weather Agency (AFWA): HQ AFWA/SCI, 106 Peacekeeper

Drive Suite 2N3, Offutt AFB, NE 68113-4039.

(19) Air Force History Support Office (AFHSO): AFHSO, 500 Duncan

Avenue Box 94, Bolling AFB, DC 20332-1111.

(f) DRUs:

(1) Air Force Operational Test and Evaluation Center (AFOTEC):

AFOTEC/SCM, 8500 Gibson Boulevard SE, Kirtland AFB, NM 87117-5558.

(2) 11th Wing: 11 CS/SCSR (FOIA), 1000 Air Force Pentagon,

Washington, DC 20330-1000 (if a person is unsure where to send a FOIA

request for Air Force records, or is seeking records from the Office of

the Secretary of the Air Force, or other Headquarters Air Force

records, use this address).

(3) United States Air Force Academy (USAFA): 10 CS/SCBD, 2304 Cadet

Drive, Suite 232, USAFA, CO 80840-5060.

(g) Selected subordinate units: Air Force Communications Agency

(AFCA): HQ AFCA/CCQI, 203 West Losey Street, Room 1022, Scott AFB, IL

62225-5203.

(h) Organizations which include air force elements:

(1) Army and Air Force Exchange Service (AAFES): HQ AAFES/GC-E,

P.O. Box 660202, Dallas, TX 75266-0202.

(2) National Guard Bureau (NGB)/Air National Guard: NGB-AD, 2500

Army Pentagon, Washington, DC 20310-2500. (FOIA requests concerning Air

National Guard IG records should be sent to 11 CS/SCSR (FOIA), 1000 Air

Force Pentagon, Washington, DC 20330-1000.)

Sec. 806.27 Samples of Air Force FOIA processing documents.

(a) This section includes suggested language in paragraph format

that tracks Air Force and DoD FOIA guidance. The rest of the body of

letters and memorandums should comply with Air Force administrative

guidance. Each MAJCOM may elect to prepare their own verbiage to meet

their specific needs, so long as FOIA processing actions are consistent

with guidance in DoD 5400.7-R and this part. In this section, language

in parentheses is for explanatory purposes only. Do not include any of

the parenthetical language of this section in your FOIA correspondence.

When optional language must be selected, the optional language will be

presented within parentheses. Use only the portions that apply to the

specific request or response.

(b) Initial receipt of Freedom of Information Act request.

We received your Freedom of Information Act (FOIA) request dated

## Month year, for (summarize the request) on ## Month year (date

received). We will provide you our release determination by (enter

date that is 20 workdays from date you received the request). (Based

on our initial review, we believe we cannot process your request

within 20 workdays.) (If ``cannot'' is used, add appropriate

explanation; examples follow.) Please contact (name and commercial

telephone number) if you have any questions and refer to case number

#######.

(c) Interim response:

Your request will be delayed because: all or part of the

responsive records are not located at this installation; (and/or)

Processing this FOIA request will require us to collect and review a

substantial number of records (and/or) Other Air Force activities or

other agencies (if applicable) to include the submitter of the

information, need to be involved in deciding whether or not to

release the responsive records. We expect to reply to your request

not later than (give a date that is not more than 30 workdays from

the initial receipt of the request); (or) If processing the FOIA

request will take more than the allowed time limits to respond). We

find we are unable to meet the time limits imposed by the FOIA in

this instance because (tell the requester the reason for the delay)

(example: the records are classified and must be reviewed for

possible declassification by other activities or agencies). We

anticipate completing your request by (date).

(When charging fees is appropriate.) The FOIA provides for the

collection of fees based on the costs of processing a FOIA request

and your fee category. Based on the information in your request, we

have determined your fee category is (commercial/educational or

noncommercial scientific institution or news media/all others). As a

result, you (if commercial category) are required to pay all

document search, review and duplication costs over $15.00. (or) As a

result, you (if educational or noncommercial scientific institution

or news media) will be provided the first 100 pages free of charge;

you are required to pay any duplication costs over and above those

amounts. (or) As a result, you will be provided the first 2 hours of

search time and the first 100 pages free of charge; you are required

to pay any search and duplication costs over and above those

amounts.

(d) Request for a more specific description:

Your request does not sufficiently describe the desired records.

The FOIA applies to existing Air Force records; without more

specific information from you, we cannot

[[Page 72816]]

identify what documents might be responsive to your request. Please

give us whatever additional details you may have on the Air Force

records you want. Can you tell us when the records were created, and

what Air Force element may have created the records? If this request

involves an Air Force contract, do you know the contract number and

dates it covered? Our address is (include name and complete mailing

address), our fax number is (give fax number), our e-mail address is

(optional--give complete e-mail address). Based on the original

request you sent us, we are unable to respond.

(e) Single letter acknowledging receipt of request and giving final

response. (If you can complete a FOIA request within the statutory 20-

workday processing period, Air Force elements may elect to send a

single letter to the requester, along with responsive records which are

released to the requester in full).

We received your Freedom of Information Act (FOIA) request dated

## Month year, for (summarize the request) on ## Month year (date

received). A copy (or) Copies of (describe the record(s) being

released) (is/are) releasable and (is/are) attached.

(f) Collection of fees:

The FOIA provides for the collection of fees based on the costs

of processing a FOIA request and your fee category. We have placed

you in the (enter the fee category) fee category. In your case, we

have assessed a charge of $____ for processing your request. The fee

was calculated in the following manner: (Give a detailed cost

breakdown: for example, 15 pages of reproduction at $0.15 per page;

5 minutes of computer search time at $43.50 per minute, 2 hours of

professional level search at $25 per hour.) Please make your check

payable to (appropriate payee) and send it to (give your complete

mailing address) by (date 30 days after the letter is signed). (or)

The FOIA provides for the collection of fees based on the costs of

processing a FOIA request and your fee category. We have placed you

in the (enter the fee category); however, in this case, we have

waived collecting fees.

(g) Multitrack processing letters to FOIA requesters. (When using

the multitrack FOIA processing system, determine which of the following

paragraphs to include in your letters to the requester. To the extent

it may apply, include language from paragraph 2 of the sample. If a

requester asks for expedited processing, answer carefully if you decide

not to provide expedited processing, because requesters may appeal

denial of their request for expedited processing. Advise requesters

placed into the complex track in writing how they can simplify their

request to qualify for the simple track.)

We received your Freedom of Information Act (FOIA) request dated

## Month year, for (summarize the request) on ## Month year (date

received). Because our organization has a significant number of

pending FOIA requests, which prevents us from making a response

determination within 20 workdays, we have instituted multitrack

processing of requests. Based on the information you provided, we

have placed your request in the (simple or complex) track. We have

assigned number ##### to identify your request; should you need to

contact us about your request, please write or call (name and

telephone) and use this number to assist us in responding more

promptly.

Based on our current backlog, we expect to respond to your

request not later than (give an estimated date). Our policy is to

process requests within their respective tracks in the order in

which we receive them. We do process each FOIA request as quickly as

we can.

(h) If the request is placed in the complex track:

In your case, processing your request is complex because (give

basic reasons this is a complex case: request was vague or

complicated; the records sought are voluminous; multiple

organizations will have to work on this request; records are

classified; responsive records came from another command/another

service/a nongovernment source; responsive records were part of the

Air Force's decision-making process, and the prerelease review will

require policy determinations from different Air Force elements;

records describe law enforcement activities; records involve foreign

policy issues; due to the nature of your request and/or the nature

of our computer system, responding to your request or providing a

response in the electronic format you requested will be technically

complex, etc.). Simplifying your request might permit quicker

processing in the following ways: (describe ways the search could be

narrowed to fewer records, or ways policy issues could be avoided,

etc.) Can you tell us when the records were created, and what Air

Force element may have created the records? If this request involves

an Air Force contract, do you know the contract number? Please give

us whatever additional details you may have on the Air Force records

you are seeking, so we can attempt to streamline the processing of

your request. Our address is (give complete mailing address), our

fax number is (give fax number), our e-mail address is (optional--

give complete e-mail address).

(i) If the requester asks that you expedite their request:

Because individuals receiving expedited processing may receive a

response before other earlier requesters, there are administrative

requirements you must meet before we can expedite a request. In your

request, you asked that we expedite processing. In order for us to

expedite a request, the requester must provide a statement

certifying the reasons supporting their request are true and correct

to the best of their knowledge.

In the second category, ``urgently needed'' means the

information itself has a particular value that it will lose if it is

not disseminated quickly. Ordinarily this means the information

concerns a breaking news story of general public interest. Historic

information, or information sought for litigation or commercial

activities usually would not qualify for expedited processing in the

second category. Also, the fact that a news organization has an

internal broadcast or publication deadline, so long as the deadline

was unrelated to the nature of the information itself (for example,

the information was not a breaking news story of general public

interest) would not make the information ``urgently needed.''

In this case, we have determined your FOIA request (will/will

not) receive expedited processing. We came to this conclusion

because you (did/did not) demonstrate you need the information

because failure to obtain the records on an expedited basis (could

or could not) reasonably expect to pose an imminent threat to life

or physical safety of an individual (or) the information (is or is

not) urgently needed in order to inform the public about actual or

alleged Federal Government activity (or) failure to obtain the

records on an expedited basis (could or could not) reasonably expect

to lead to an imminent loss of substantial due process rights, (or)

release (would or would not) serve a humanitarian need by promoting

the welfare and interests of mankind (and/or) your request for

expedited processing did not meet the statutory requirements of the

FOIA; you did not provide enough information to make a determination

of compelling need for the information you requested (and/or) you

did not properly certify your request.

(j) If you deny a request for expedited processing:

If you consider our decision not to expedite your request

incorrect, you may appeal our decision. Include in your appeal

letter the reasons for reconsidering your request for expedited

processing, and attach a copy of this letter. Address your appeal to

Secretary of the Air Force through (address of MAJCOM FOIA office).

In the meantime, we will continue to process your request in the

(simple/complex) processing track.

(k) Certification, computer systems manager (electronic records or

format requested).

(When answering a request for electronic records, based on the

configuration of your hardware and/or software, certain factors may

make a particular request complex. Have your computer system manager

advise you whether or not they can create the new record/format on a

``business as usual'' basis. If producing the record/format would

entail a significant expenditure of resources in time and manpower

that would cause significant interference with the operation of the

information system and adversely affect mission accomplishment, you

do not need to process the request. The FOIA office needs to get a

certification from the computer systems manager to document this

determination to support their response. Possible language for this

certification is provided below.)

I, (rank/grade and name) am the computer systems manager for

(organization with electronic records responsive to FOIA request).

In consultation with (FOIA office), I have considered the FOIA

request of

[[Page 72817]]

(requester's name), our ##### (FOIA identifier), which asked for

(describe electronic record or format). We (do/do not) have

electronic records that are responsive to this request (or) data

that we (can/cannot) configure into the requested format. (If there

are electronic records) The existing electronic records (do/do not)

contain nonreleasable data that we (can/cannot) remove from the

electronic record. Because of the way our (computer system/database/

software) (use all that apply, specify hardware and/or software

nomenclature if possible; for example, IBM ###, Microsoft Excel) is

configured, creating the electronic record (or) modifying the

existing record/format would entail a significant expenditure of

resources in time and manpower that would cause significant

interference with the operation of the information system and

adversely affect mission accomplishment (describe how responding

would interfere and time/manpower resources required, give estimated

reprogramming time, if possible). I have applied the DoD ``standard

of reasonableness'' in considering this request. I understand that

when the capability exists to respond to a FOIA request that would

require only a ``business as usual'' approach to electronically

extract the data and compile an electronic record or reformat data

to satisfy a FOIA request, then creation of the electronic record or

reformatting the data would be appropriate. In this case, a

significant expenditure of resources and manpower would be required

to compile the electronic record (or) reformat existing data. This

activity would cause a significant interference with the operation

of our automated information system. I certify creation of the

electronic record (or) reformatting existing data in order to

respond to this request would not be reasonable, under the

circumstances.

Signature

(Date Signed) (Signature Block)

(Note: Some electronic data requests may include a request for

software. You may have to release government-developed software that

is not otherwise exempt, if requested under the FOIA. Exemptions 1--

classified software, 2--testing, evaluation, or similar software,

3--exempt by statute, 5--deliberative process/privileged software,

and 7--law enforcement operations software may apply, based on the

nature of the requested software. If the software is commercial off-

the-shelf software, as opposed to software developed by the

government, the software may qualify to be withheld from release

under FOIA exemption 4.

(l) ``No (paper or electronic) records'' or ``requested format not

available'' letters.

This is in response to your Freedom of Information Act (FOIA)

request dated ## Month year, for (summarize the request) on ## Month

year (date received), our number #####.

A thorough search by (identify the unit(s) that tried to locate

responsive records) did not locate any records responsive to your

request. (If the requester asked questions, and there are no

responsive records that would provide the answers to those

questions): The FOIA applies to existing Air Force records; the Air

Force need not create a record in order to respond to a request.

(or) A thorough assessment by the OPR and the computer systems

manager has determined we cannot provide the (electronic record

data) in the format you requested. (If this can be done on a

``business as usual basis):'' (Paper copies American Standard Code

for Information Interchange (ASCII) files) of the data you requested

are attached.

If you interpret this ``o records'' response as an adverse

action, you may appeal it in writing to the Secretary of the Air

Force. Your appeal should be postmarked no later than 60 calendar

days from the date of this letter. Address your letter as follows:

Secretary of the Air Force, Thru: (MAJCOM FOIA Office), (mailing

address).

The FOIA provides for the collection of fees based on the costs

of processing a FOIA request and your fee category. We have placed

you in the (enter category) fee category; however, in this case, we

have waived fees. (If paper copies or ASCII files are provided: )

The FOIA provides for the collection of fees based on the costs of

processing a FOIA request and your fee category. In your case, as a

requester in the fee category of (add appropriate category), we have

assessed a charge of $____ for processing your request. The fee was

calculated in the following manner: (Give a detailed cost breakdown:

for example, 15 pages of reproduction at $0.15 per page; 5 minutes

of computer search time at $43.50 per minute, 2 hours of

professional level search at $25 per hour.) Please make your check

payable to (appropriate payee) and send it to (give your complete

mailing address) by (date 30 days after the letter is signed).

(m) Referral or coordination letters. (These letters are to tell

the requester all or part of the request was referred to another Air

Force organization, to refer or coordinate the request to another

federal government organization, and to advise a nongovernment

submitter a FOIA request was received for information they

submitted.)G56

(1) Letter to requester.

(If all or part of a request has been referred, write to the

requester:) Your Freedom of Information Act (FOIA) request dated ##

Month year, for (summarize the request) received on ## Month year

(date received), our number #####, was referred (or) must be

coordinated with (give mailing address of the FOIA office to which

you are referring all or part of the request, the identity of the

federal government organization you are either coordinating with or

are referring all or part of the request to, or that you must

coordinate with the nongovernment submitter of responsive

information). (On referrals:) That office will process (all/part) of

your request (describe which part is being referred if the entire

request is not being referred) and they will respond directly to

you. (On coordinations:) That organization has a significant

interest in the records (or) created the records that may answer to

your request. (Before notifying a requester of a referral to another

DoD component or federal agency, consult with them to determine if

their association with the material is exempt. If so, protect the

association and any exempt information without revealing the

identity of the protected activity.) (When a nongovernment submitter

is involved:) The nongovernment submitter of information that may

answer your request needs time to respond to the possible release of

information under the FOIA.

Because we must refer (or) coordinate your request outside our

organization, your request will be delayed. We will determine

whether any records are available; as soon as is practicable, a

decision will be made whether to release or to withhold from

disclosure any responsive records under the FOIA, 5 U.S.C. 552. Your

request will be processed as expeditiously as circumstances permit.

(2) Letter to another government agency.

(If all or part of a request was referred or requires

coordination, write to the government entity): On ## Month year

(date received), our organization received a Freedom of Information

Act (FOIA) request from (identity of requester), Attachment 1, dated

## Month year, for (summarize the request). Based on our assessment

of that request, our number #####, we need to (refer/coordinate)

(all/part) of that request to you (describe which part is being

referred or coordinated, if it was not the entire request). (Name

and phone number of person who agreed to the referral or

coordination) accepted this referral (or) coordination action was on

(date). We notified the requester of this action (see Sec. 806.31).

We (do/do not) hold records responsive to this request. (If do

hold is used:) Copies of responsive records located in our files are

included at Attachment 3 to assist you in making your assessment on

the releasability of (our/your) related records. If you need to

contact us, our phone number and address is (give name, phone and

complete mailing address), our fax number is (give fax number), our

e-mail address is (give complete e-mail address).

(3) Letter to submitter of contract-related information.

(If contractor-submitted information is involved, write to the

submitter:) On ## Month year (date received), our organization

received a Freedom of Information Act (FOIA) request from (identity

of requester), our number #####, dated ## Month year, for (summarize

the request). Information you submitted to the Air Force was

identified as responsive to this request, see copies attached.

To determine the releasability of the information contained in

these documents and to give you the maximum protection under the

law, please review the attached documents and give us the

information outlined in Sec. 806.31. If you feel the information is

privileged or confidential, consists of proprietary commercial or

financial information, and otherwise meets the statutory

requirements for withholding

[[Page 72818(1)]]

the information from release under FOIA exemption 4, 5 U.S.C.

552(b)(4), respond to us in writing not later than ## working days

from the date of this letter (usually 30 calendar days). If you

object to release of this information under the FOIA, identify the

items, lines, columns or portions you believe we should withhold

from release.

You will also need to provide a written explanation of how

release would adversely impact or cause harm to your competitive

position, your commercial standing, or other legally protected

interests. An assertion that ``we should deny because all of the

information was submitted in confidence'' or ``deny because all of

the information was marked as proprietary in nature'' would not

justify withholding of the requested information under the FOIA. If

you need to contact us, call or write (give name), phone number is

(give commercial number), our address is (give complete mailing

address), our fax number is (give fax number), our e-mail address is

(give complete e-mail address).

(4) Letter requesting State Department coordination. (If the State

Department is involved in coordinating on a request, fax or e-mail 11

CS/SCSR so they can inform SAF/IA if appropriate).

On ## Month year (date received), our organization received a

Freedom of Information Act (FOIA) request from (identity of

requester), our number #####, dated ## Month year, for (summarize

the request). Because of the nature of this request, we were advised

by (note the individual and organization who told you to coordinate

the request with the State Department; this may be a MAJCOM or

Combatant Command--give telephone and facsimile numbers if known) we

need to coordinate this request with the Department of State. In

accordance with DoD 5400.7-R, Air Force Supplement, we are informing

you of their involvement in this FOIA request. (Provide any

specifics available.) Air Force records are involved in this action.

If you need to contact us, our phone number is (give commercial and

DSN numbers), our address is (give complete mailing address), our

fax number is (give fax number), our e-mail address is (give

complete e-mail address).

(n) Certification of initial classification or declassification

authority (When denying a FOIA request, in whole or in part, because

the information requested is classified, the initial classification

authority, his or her successor, or a declassification authority, needs

to determine if the records are ``properly and currently classified,''

and therefore must be withheld from release under FOIA exemption

(b)(1); also, you need to determine that you cannot release any

reasonably segregable additional portions. Language that certifies such

a determination was made on a FOIA request involving classified records

follows).

(1) Sample certification format--all information remains

classified.

I, (rank/grade and name) am the initial classification authority

(or) the successor to the original initial classification authority

(or) the declassification authority for (give an unclassified

description of the records concerned). In consultation with (FOIA

office), I have assessed the FOIA request of (requester's name), our

##### (FOIA identifier), for records that were properly classified

at the time of their creation and currently remain properly

classified in accordance with Executive Order (E.O.) 12958, National

Security Information, (or) contain information that we have

determined is classified in accordance with E.O. 12958 Section

1.5(__) (or) in accordance with E.O. 12958 Section 1.5(__) and is

also exempt from declassification in accordance with Section 1.6(__)

of the E. O. (or if the record is more than 25 years old) contain

information that we have determined is exempt from declassification

in accordance with E.O. 12958 Section 3.4(b)(__). Unauthorized

release could cause (for TOP SECRET, use exceptionally grave; for

SECRET use serious; for CONFIDENTIAL do not add language; should

read cause damage) damage to national security. There are no

reasonably segregable portions that we can release. Consequently

release of this information is denied pursuant to 5 U.S.C.

552(b)(1).

Signature

(Date Signed) (Signature Block)

(2) Sample certification format--portions remain classified.

I, (rank/grade and name) am the initial classification authority

(or) the successor to the original initial classification authority

(or) the declassification authority for (give an unclassified

description of the records concerned.) In consultation with (FOIA

office), I have assessed the FOIA request of (requester's name), our

##### (FOIA identifier), that asked for records, (or) portions of

which were properly classified at the time of their creation.

Portions of the records currently remain properly classified in

accordance with E.O. 12958. The bracketed information is currently

and properly classified in accordance with Section 1.5 (add

appropriate subparagraph), E.O. 12958, and is also exempt from

declassification in accordance with Section 1.6(__) of the Executive

Order (or if the record is more than 25 years old) contain

information that we have determined is exempt from declassification

in accordance with E.O. 12958 Section 3.4(b)(__). Unauthorized

release could cause (for TOP SECRET use exceptionally grave; for

SECRET use serious; for CONFIDENTIAL do not add language; should

read cause damage) damage to national security. There are no other

reasonably segregable portions that we can release. Consequently

this information is denied pursuant to 5 U.S.C. 552(b)(1).

Signature

(Date Signed) (Signature Block)

(o) Letter to a requester who has withdrawn their request or

appeal. (If a FOIA requester has withdrawn a FOIA request or appeal,

sending a final letter to the requester to close the file may be wise.

Suggested language to the requester follows):

We received your Freedom of Information Act (FOIA) request (or)

appeal dated ## Month year, on ## Month year (date received). After

sending us your request (or) appeal, you indicated by (facsimile,

letter) that you wished to withdraw your request (or) appeal. We

have, therefore, closed your file without further action.

(p) Letter to a requester who has appealed after the 60-day

deadline. (We will not process FOIA appeals received after the 60-day

time limit, unless the requester provides adequate justification for

failing to comply. If you receive a late appeal, and it gives

inadequate justification for failing to comply, the FOIA office will

advise the requester their appeal was closed; suggested language for a

letter to an untimely requester follows.)

We received your Freedom of Information Act (FOIA) appeal dated

## Month year, on ## Month year (date received). You did not appeal

within 60 days of the postmarked date of our denial letter as

outlined in our agency regulation. Therefore, we are closing our

file.

(q) Letter to a requester who has appealed. (There are occasions

when, on reconsideration, an IDA grants all or part of an appeal. When

sending their appeal to higher headquarters, notify the requester.

Suggested language to a requester who has appealed follows):

We received your Freedom of Information Act (FOIA) appeal, our

number #####, dated ## Month year, on ## Month year (date received).

We considered the issues raised in your appeal carefully. We have

decided to grant (or) partially grant your appeal.

(If you grant all or part of the appeal): Upon reconsideration,

we are releasing the requested records (or) granting your request.

(If the appeal is only partially granted, describe what portions

remain in dispute). (If applicable): We are releasing and attaching

all or portions of the responsive records. (If applicable): We will

continue processing your appeal for the remaining withheld (records/

information).

Sec. 806.28. Records with special disclosure procedures.

Certain records have special administrative procedures to follow

before disclosure. Selected publications that contain such guidance are

listed below.

(a) AFI 16-701, Special Access Programs.

(b) AFI 31-206, Security Police Investigations.

(c) AFI 31-501, Personnel Security Program Management.

(d) AFI 31-601, Industrial Security Program Management.

(e) AFI 36-2603, Air Force Board for Correction of Military Records.

[[Page 72819]]

(f) AFI 36-2706, Military Equal Opportunity and Treatment Program.

(g) AFI 36-2906, Personal Financial Responsibility.

(h) AFI 36-2907, Unfavorable Information File (UIF) Program.

(i) AFI 40-301, Family Advocacy.

(j) AFI 41-210, Patient Administration Functions.

(k) AFI 44-109, Mental Health and Military Law.

(l) AFI 51-201, Administration of Military Justice.

(m) AFI 51-301, Civil Litigation.

(n) AFI 51-303, Intellectual Property-Patents, Patent Related Matters,

Trademarks, and Copyrights.

(o) AFI 51-501, Tort Claims.

(p) AFI 51-503, Aircraft, Missile, Nuclear and Space Accident

Investigations.

(q) AFI 51-504, Legal Assistance, Notary and Preventive Law Programs.

(r) AFI 51-1102, Cooperation with the Office of the Special Counsel.

(s) AFI 61-204, Disseminating Scientific and Technical Information.

(t) AFI 61-303, Licensing Inventions Made Under Cooperative Research

and Development Agreements.

(u) AFI 71-101, Volume 1, Criminal Investigations, and Volume 2,

Protective Service Matters.

(v) AFI 84-101, Historical Products, Services, and Requirements.

(w) AFI 90-301, Inspector General Complaints.

(x) AFI 91-204, Safety Investigations and Reports.

Sec. 806.29. Administrative processing of Air Force FOIA requests.

(a) This section is a checklist format of processing steps and

explanations of Air Force and DoD guidance. Each MAJCOM may elect to

prepare its own checklists to tailor FOIA processing actions within its

own organizations to meet their specific needs, so long as it remains

consistent with guidance contained in DoD 5400.7-R, DoD Freedom of

Information Act Program, and this part.

(b) Procedures: FOIA requests.

(1) Note the date the request was received, give the request a

unique identifier/number, and log the request.

(2) Assess the request to determine initial processing

requirements:

(3) Determine what Air Force elements may hold responsive records.

(i) Are responsive records kept at the same or different

installations?

(ii) Is referral of (all/part) of the request required?

(4) Determine appropriate processing track (simple/complex/

expedited). (Air Force FOIA offices without backlogs do not multitrack

FOIA requests.)

Note: Requesters have a right to appeal an adverse tracking

decision (for example, when it is determined their request will not

be expedited). Also, if their request qualifies for the complex

track, tell requesters so they may limit the scope of their request

in order to qualify for the simple track. FOIA managers must assess

a request before placing it into a specific processing track, and

must support their actions should the requester appeal. If a request

is determined to be complex, or is not expedited when the requester

sought expedited processing, you must advise the requester of the

adverse tracking decision in writing. See Sec. 806.27 for sample

language for this kind of letter to a requester.

(i) Simple. Defines a request that can be processed quickly, with

limited impact on the responding units. The request clearly identifies

the records, involves no (or few) complicating factors (e.g., there are

few or no responsive records, involves only one installation and there

are no outside OPRs, involves no classified records (Exemption 1), a

law exempts the responsive records from disclosure (Exemption 3), no

contractor-submitted records (Exemption 4), no deliberative process/

privileged materials (Exemption 5), records contain no (or limited)

personal privacy information/did not come from Privacy Act systems of

records concerning other individuals (Exemption 6), release of records

would have minimal impact on law enforcement (Exemption 7); no time

extensions expected, other than the additional 10-workdays allowed in

situations outlined in the FOIA). If the requested data must come from

electronic records, response can be completed on a ``business-as-

usual'' basis; requires no (or limited) reprogramming of automated

information systems and would cause no significant interference with

operation of information systems by processing a simple request/

providing a response in the electronic format requested.

(ii) Complex. Defines a request whose processing will take

substantial time, will cause significant impact on responding units.

Complications and delays are likely (e.g., the request is vague (poor

description of records, unclear who or when records were created),

records are massive in volume, multiple organizations will receive

tasking, records are classified (Exemption 1), records came from

another command/service/a nongovernment source (Exemption 4), records

are part of the Air Force's decision-making process, and not

incorporated into a final decision (IG/audit reports, legal opinions,

misconduct or mishap investigations etc.) or are attorney-client

records (Exemption 5), records are largely personal information on

another individual or came from Privacy Act systems of records

(Exemption 6), records describe law enforcement activities or

information from (and/or identities of) confidential sources (Exemption

7); response cannot be completed on a ``business as usual'' basis and

would require extensive reprogramming or cause significant interference

with operation of the automated information systems. (Advise requester,

in writing, of right to limit the scope of their request in order to

qualify for simple track.)

(iii) An expedited request is when a requester asks for expedited

processing and explains the compelling need (imminent threat to life or

physical safety; urgently needed by a person primarily engaged in

disseminating information; due process; or humanitarian need) for the

requested information. In order to receive expedited processing,

requesters must provide a statement certifying their ``demonstration''

(description) of their specific ``compelling need'' or due process/

humanitarian need is true and correct to the best of their knowledge.

When a requester seeks expedited processing, FOIA offices must respond

in writing to the requester within 10 calendar days after receipt of

the request approving or denying their request for expedited

processing. Requesters have a right to appeal an adverse decision

(e.g., when it is determined their requests will not be expedited).

There are four categories of FOIA requests that qualify for expedited

processing:

(A) The requester asserts a ``compelling need'' for the records,

because a failure to obtain records quickly could reasonably be

expected to pose an imminent threat to the life or physical safety of

an individual.

(B) The requester asserts a ``compelling need'' for the records,

because the information is ``urgently needed'' by an individual engaged

in disseminating information to inform the public (primarily news media

requesters; and could also include other persons with the ability to

disseminate information).

Note: ``Urgently needed,'' in this case, means the information

has a particular value that will be lost if it is not disseminated

quickly. This normally would apply to a breaking news story of

general public interest. Information of historical interest only, or

sought for litigation or commercial activities would not qualify,

nor would the fact a news media entity had an internal broadcast

deadline of its own, which was unrelated to the ``news breaking

nature'' of the information itself, cause the requested information

to qualify as ``urgently needed.''

[[Page 72820]]

(C) Failure to obtain records quickly could cause imminent loss of

substantial due process rights or providing the information quickly

would serve a ``humanitarian need'' (i.e., disclosing the information

will promote the welfare and interests of mankind). While FOIA requests

falling into these third and fourth categories can qualify for

expedited processing, process them in the expedited track behind the

requests qualifying for expedited processing based on ``compelling

need'' (the first two types of expedited FOIA requests).

(5) Determine fee category of requester (commercial/educational---

noncommercial scientific institution--news media/all others) and assess

fee issues. When all assessable costs are $15.00 or less, waive fees

automatically for all categories of requesters. Assess other fee waiver

or reduction requests on a case-by-case basis.

(6) Apply fee waiver/fee reduction criteria in appropriate cases

(when requester asks for fee waiver/reduction).

(7) Find the responsive Air Force records (if any).

(i) Send the request to the appropriate OPRs to search for

responsive records and to decide whether to recommend release of any

responsive records. Include a DD Form 2086, Record of Freedom of

Information (FOI), or a DD Form 2086-1, Record of Freedom of

Information (FOI) Processing Cost for Technical Data, in each request.

The OPR must complete and return the appropriate forms and statements

to the FOIA office.

(ii) If the OPRs find no responsive records, or if the OPRs desire

to withhold any responsive records from release to the requester, the

OPRs must provide a written certificate detailing either their

unsuccessful search, or their reasons why the documents should be

withheld from release under the FOIA; the written OPR statements must

accompany the copies of the records the OPR desires to withhold as the

FOIA action is processed (e.g., include it in any denial or appeal

file).

Note: If any part of a FOIA request is denied, and the requester

appeals that denial, include all forms, certificates and documents

prepared by the OPRs in the FOIA appeal package required in

paragraph (d)(5) of this section.

(c) Contacts with FOIA requesters and non-Air Force submitters of

data.

(1) Contacts with Air Force elements. A FOIA request is considered

``received'' (and therefore ready to process) when the FOIA office

responsible for processing the request physically receives it, when the

requester states a willingness to pay fees set for the appropriate fee

category, or, if applicable, when the requester has paid any past FOIA

debts and has reasonably described the requested records. Keep hard/

paper copies of all memoranda documenting requester contacts with Air

Force elements regarding a pending FOIA request in the requester's FOIA

file. If the requester contacts Air Force elements telephonically about

a pending FOIA request, the Air Force member participating in the

conversation must prepare notes or memorandums for record (MFR), and

keep those notes or MFRs in the requester's FOIA file. If any part of a

FOIA request is denied, and the requester appeals that denial, submit

documentation of requester contacts with Air Force elements in

chronological order in the FOIA appeal package (see paragraph (d)(1) of

this section).

(2) Contacts with the FOIA Requester. See Sec. 806.27 for samples

of language to use in various types of Air Force FOIA letters. If any

part of a FOIA request is denied, and the requester appeals that

denial, submit documents sent by Air Force elements to the requester in

the FOIA appeal package in chronological order (see paragraph (d)(5) of

this section). Letters that Air Force FOIA offices may need to send to

a FOIA requester include:

(i) An initial notification letter that the FOIA request was

received. This letter may advise the requester that processing of the

FOIA request may be delayed because:

(A) All or part of the requested records are not located at the

installation processing the FOIA request (see Sec. 806.29(c)(2)(ii)).

(B) An enormous number of records must be collected and reviewed.

(C) Other Air Force activities or other agencies, to include (if

applicable) the nongovernment submitter of information, need to be

involved in deciding whether or not to release the records.

(D) If you cannot complete processing of a FOIA request within 20

workdays, advise the requester of the reasons for the delay and give a

date (within 30 workdays after receiving the request) when the

requester can expect a final decision.

(ii) The initial notification letter may advise the requester all/

part of the request was referred to another Air Force element or

government activity.

(iii) The initial notification letter may advise the requester of

the appropriate fee category. In cases where fees are appropriate, and

requesters have not agreed to pay for responsive records and fees are

likely to be more than $15.00, seek assurances that the requester

agrees to pay appropriate fees. If more information is needed to make a

fee category determination, or to determine whether fees should be

waived/reduced, inform the requester. FOIA offices may determine fee

waiver/reduction requests before processing a FOIA request; if a fee

waiver/reduction request is denied, the requester may appeal that

denial; he/she may also appeal an adverse fee category determination

(e.g., asked for news media fees, but was assessed commercial fees.)

(iv) The initial notification letter may advise the requester the

request does not sufficiently describe the desired records. If

possible, help the requester identify the requested records by

explaining what kind of information would make searching for responsive

records easier.

(v) If Air Force elements can complete a FOIA request within the

statutory 20-workday processing period, you may elect to send only a

single letter to the requester, along with responsive records that are

released to the requester in full.

(vi) A letter to the requester that the responding FOIA office uses

multitrack processing due to a significant number of pending requests

that prevents a response determination from being made within 20

workdays. This letter advises the FOIA requester that track the request

is in (simple/complex); in this letter, if expedited processing was

requested, the requester is advised if the request will be expedited or

not. If the request is found to be complex, you must advise the

requester he/she may alter the FOIA request to simplify processing. If

it is determined the request will not be expedited, the requester must

be told he/she can appeal. (This may be the initial letter to the

requester, for Air Force elements with multitrack processing; if that

is the case, this letter may include sections discussed in

Sec. 806.29(c)(2)(i)).

(vii) Subsequent letters to the requester on various subjects (for

example, releasing requested records; advising reasons for delays;

responding to the letters, facsimiles or calls; advising the requester

of referrals to other Air Force units or government activities;

involves a non-Air Force submitter, etc.).

(viii) A release letter to the requester, forwarding releasable

responsive records with a bill (if appropriate).

(ix) A ``no records'' response letter to the requester if there are

no responsive records, or, a denial letter, if any responsive records

are withheld from release. FOIA managers may sign ``no records'' or

``requested format not available'' responses; they may also sign

[[Page 72821]]

a letter that advises a requester the fee category sought was not

determined to be appropriate, or that a fee waiver/fee reduction

request was disapproved, or that a request for expedited processing has

been denied. An IDA must sign any letter or document withholding

responsive records. When denying records, you must tell the requester,

in writing: the name and title or position of the official who made the

denial determination, the basis for the denial in enough detail to

permit the requester to make a decision concerning appeal, and the FOIA

exemptions on which the denial is based. The denial letter must include

a brief statement describing what the exemptions cover. When the

initial denial is based (in whole or in part) on a security

classification, this explanation should include a summary of the

applicable executive order criteria for classification, as well as an

explanation of how those criteria apply to the particular record in

question. Estimate the volume of the records denied and provide this

estimate to the requester, unless providing such an estimate would harm

an interest protected by an exemption of the FOIA. This estimate should

be in number of pages or, for records in other media, in some other

reasonable form of estimation, unless the volume is otherwise indicated

through deletions on records disclosed in part. Indicate the size and

location of the redactions on the records released. You must also tell

the requester how he/she can appeal the denial.

(3) Contacts with non-Air Force submitters of data. Before

releasing data (information or records) submitted from outside the Air

Force, determine whether you need to write to the submitter of the data

for their views on releasability of their data. In many cases, this

non-Air Force data may fall under FOIA Exemption 4. If it appears you

must contact the submitter of the data, advise the requester in writing

that you must give the submitter of the data the opportunity to comment

before the Air Force decides whether to release the information. Give

the submitter a reasonable period of time (30 calendar days) to object

to release and provide justification for withholding the documents. If

the submitter does not respond, advise the submitter in writing that

you have not received a reply and plan to release the records. Provide

the submitter with the reasons the Air Force will release the records,

and give the submitter your expected release date (at least 2 weeks

from the date of your letter). This permits the submitter time to seek

a temporary restraining order (TRO) in federal court, if they can

convince the judge to issue such an order. See Sec. 806.27 for samples

of language to use in Air Force letters to both the FOIA requester and

nongovernment submitters. Remember to include a copy of Sec. 806.31 as

an attachment to the letter sent to the nongovernment submitter.

(i) The notice requirements of this section need not be followed if

the Air Force determines that the information should not be disclosed,

the information has been lawfully published or officially made

available to the public, or disclosure of the information is required

by law.

(ii) If the submitter objects to release of the records, but the

Air Force disclosure authority considers the records releasable, tell

the submitter before releasing the data. Include in the letter to the

submitter a brief explanation and a specific release date at least 2

weeks from the date of the letter. Advise the submitter once a

determination is made that release of the data is required under the

FOIA, failure to oppose the proposed release will lead to release of

submitted data. Also advise the requester such a release under the FOIA

will result in the released information entering the public domain, and

that subsequent requests for the same information will be answered

without any formal coordination between the Air Force and the

submitter, unless the information is later amended, changed, or

modified. A person equal to, or higher in rank than, the denial

authority makes the final decision to disclose responsive records over

the submitter's objection.

(iii) When a previously released contract document has been

modified, any contract documents not in existence at the time of an

earlier FOIA request that are responsive to a later FOIA request for

the same contract, will be processed as a first-time FOIA request for

those newly created documents. Notify the nongovernment submitter of

the pending FOIA action, and give them the same opportunity to respond

as is detailed above. Passage of a significant period of time since the

prior FOIA release can also require Air Force elements to comply with

the notice requirements in this paragraph.

(d) Denying all or part of a request. When responsive records are

withheld from release (denied), the appropriate offices must prepare a

denial package for the IDA. Air Force elements must send the request,

related documents, and responsive records through their IDA's FOIA

office to the IDA for a decision. The denial package must include:

(1) The FOIA request and any modifications by the requester.

(2) A copy of the responsive records, including both records that

may be released and records recommended for denial.

(3) Written recommendations from the OPRs and an Air Force

attorney.

(4) The exemptions cited and a discussion of how the records

qualify for withholding under the FOIA. This discussion should also

include the reasons for denial: to deny release of responsive records

requested under the FOIA, you must determine that disclosure of the

records would result in a foreseeable harm to an interest protected by

a FOIA exemption (or exemptions), that the record is exempt from

release under one or more of the exemptions of the FOIA, and that a

discretionary release is not appropriate.

(5) Any collateral documents that relate to the requested records.

For example:

(i) If the requested records came from a non-Air Force or non-U.S.

Federal Government submitter, include any documents from the submitter

that relate to the release or denial of the requested records. If you

are not sure whether or not the non-Air Force or non-U.S. Federal

Government submitted information is potentially exempt from release

under the FOIA, contact an Air Force attorney. FOIA Exemptions 3, 4, 5,

6, and 7 may apply.

(ii) If the requested records came from Privacy Act systems of

records, include a written discussion of any Privacy Act issues.

(iii) If any requested records came from another Air Force element,

or release of the requested records would affect another Air Force

element, FOIA offices should coordinate with that other element. If the

FOIA request is not completely referred to the other element, include

documents from that element.

(iv) If any requested records are classified, include a written

certification from a classification authority or declassification

authority stating the data was properly classified originally, that it

remains properly classified (per E.O. 12958), and, if applicable, that

no reasonably segregable portions can be released.

(e) FOIA appeal actions.

(1) If an IDA, or a FOIA office responding on behalf of an IDA,

withholds a record from release because they determine the record is

exempt under one or more of the exemptions to the FOIA, the requester

may appeal that decision, in writing, to the Secretary of the Air

Force. The appeal should be accompanied by a copy of the denial

[[Page 72822]]

letter. FOIA appeals should be postmarked within 60 calendar days after

the date of the denial letter, and should contain the reasons the

requester disagrees with the initial denial. Late appeals may be

rejected, either by the element initially processing the FOIA appeal,

or by subsequent denial authorities, if the requester does not provide

adequate justification for the delay. Appeal procedures also apply to

the denial of a fee category claim by a requester, denial of a request

for waiver or reduction of fees, disputes regarding fee estimates,

review on an expedited basis of a determination not to grant expedited

access to agency records, and for ``no record'' or ``requested format

not available'' determinations when the requester considers such

responses adverse in nature.

(2) Coordinate appeals with an Air Force attorney (and the OPR, if

appropriate) so they can consider factual and legal arguments raised in

the appeal, and can prepare written assessments of issues raised in the

appeal to assist the IDA in considering the appeal. MAJCOM FOIA offices

and 11 CS/SCSR (for OPRs at HQ USAF and SAF), send all appeals to the

Secretary of the Air Force through AFLSA/JACL for consideration, unless

the IDA has reconsidered the initial denial action, and granted the

appeal.

(3) If a requester appeals a ``no records'' determination,

organizations must search again or verify the adequacy of their first

search (for example, if a second search would be fruitless, the

organization may include a signed statement from either the records OPR

or the MAJCOM FOIA manager detailing why another search was not

practical). The appeal package must include documents (to include a

certification from the records OPR) that show how the organization

tried to find responsive records. In the event a requester sues the Air

Force to contest a determination that no responsive records exist,

formal affidavits will be required to support the adequacy of any

searches conducted.

(4) General administrative matters. FOIA requesters may ultimately

sue the Air Force in federal court if they are dissatisfied with

adverse determinations. In these suits, the contents of the

administrative appeal file are evaluated to determine whether the Air

Force complied with the FOIA and its own guidance. Improper or

inadequate appeal files make defending these cases problematic. Include

all the documents related to the requester's FOIA action in the appeal

file. If appeal file documents are sensitive, or are classified up to

the SECRET level, send them separately to AFLSA/JACL, 1501 Wilson

Boulevard, 7th Floor, Arlington, VA 22209-2403. Make separate

arrangements with AFLSA/JACL for processing classified appeal file

documents TOP SECRET or higher. Cover letters on appeal packages need

to list all attachments. If a FOIA action is complicated, a chronology

of events helps reviewers understand what happened in the course of the

request and appeal. If an appeal file does not include documentation

described below, include a blank sheet in proper place and mark as

``not applicable,'' ``N/A,'' or ``not used.'' Do not renumber and move

the other items up. If any part of the requester's appeal is denied,

the appeal package must include a signed statement by the IDA,

demonstrating the IDA considered and rejected the requester's

arguments, and the basis for that decision. This may be a separate

memorandum, an endorsement on a legal opinion or OPR opinion, or the

cover letter which forwards the appeal for final determination. Include

in the cover letter forwarding the appeal to the Secretary of the Air

Force the name, phone number and e-mail address (if any) of the person

to contact about the appeal. The order and contents of appeal file

attachments follow.

(i) The original appeal letter and envelope.

(ii) The initial FOIA request, any modifications of the request by

the requester or any other communications from the requester, in

chronological order.

(iii) The denial letter.

(iv) Copies of all records already released. (An index of released

documents may be helpful, if there are a number of items. If the

records released are ``massive'' (which means ``several cubic feet'')

and AFLSA/JACL agrees, an index or description of the records may be

provided in place of the released records. Do not send appeal files

without copies of released records without the express agreement of

AFLSA/JACL. Usually AFLSA/JACL requires all the released records in

appeal files. If you do not send the released records to AFLSA/JACL

when a FOIA requester has appealed a partial denial, retain a copy of

what was released for 6 years.)

(v) Copies of all administrative processing documents, including

extension letters, search descriptions, and initial OPR recommendations

about the request, in chronological order.

(vi) Copies of the denied records or portions marked to show what

was withheld. If your organization uses a single set of highlighted

records (to show items redacted from records released to the

requester), ensure the records are legible and insert a page in the

appropriate place stating where the records are located. (An index of

denied documents may be helpful, if there are a number of items. If the

records denied are ``massive'' (which means ``several cubic feet'') and

AFLSA/JACL agrees, an index or description of the records may be

provided in place of the denied records. Do not send appeal files

without copies of denied records without the express agreement of

AFLSA/JACL. Usually AFLSA/JACL requires all the denied records in

appeal files. If you do not send the denied records to AFLSA/JACL, when

a FOIA requester has appealed a denial, retain a copy of what was

denied for 6 years.)

(vii) All legal opinions in chronological order. Include a point-

by-point discussion of factual and legal arguments in the requester's

appeal (prepared by an Air Force attorney and/or the OPR). If the IDA

does not state in the cover letter he/she signed, that he/she

considered and rejected the requester's arguments, asserting the basis

for that decision (e.g., the IDA concurs in the legal and/or OPR

assessments of the requester's arguments) include a signed, written

statement containing the same information from the IDA, either as a

separate document or an endorsement to a legal or OPR assessment.

Include any explanation of the decision-making process for intra-agency

documents denied under the deliberative process privilege and how the

denied material fits into that process (if applicable).

Sec. 806.30. FOIA exempt information examples.

(a) Certain responsive records may contain parts that are

releasable, along with other parts that the Air Force must withhold

from release. Carefully delete information exempt from release under

the FOIA from copies of otherwise releasable records. Do not release

copies that would permit the requester to ``read through the marking.''

In order to assist FOIA managers in redacting records, selected items

appropriate to withhold in commonly requested Air Force records are

illustrated below. When providing releasable portions from classified

paragraphs, line through and do not delete, the classification marking

preceding the paragraph.

(b) Exemption 1. Example used is an extract from a ``simulated''

contingency plan (all information below is fictional and UNCLASSIFIED;

parenthetical information and marking is used for illustrative purposes

only).

(U) Air Force members will safeguard all FELLOW YELLOW data

(NOTE: FELLOW

[[Page 72823]]

YELLOW simulates an UNCLASSIFIED code name).

During the contingency deployment in Shambala, those members

assigned to force element FELLOW YELLOW will cover their movements

by employing specified camouflage and concealment activities while

behind enemy lines. Only secure communications of limited duration

as specified in the communications annex will be employed until

FELLOW YELLOW personnel return to base. (Exemption 1)

(c) Exemption 2. Example used is an extract from a ``simulated''

test administration guide (all information below is fictional and is

used for illustrative purposes only).

When administering the test to determine which technicians are

ranked fully qualified, make sure to allow only the time specified

in HQ AETC Pamphlet XYZ, which the technicians were permitted to

review as part of their test preparation. For ease in scoring this

exam, correct answers are A, A, B, B, A, B, C, C, A, B, D, D, C, C,

C, D; the corresponding template for marking the standard answer

sheet is kept locked up at all times when not in use to grade answer

sheets. (Exemption ``high'' 2)

(d) Exemption 5. Example used is a simulated IG Report of

Investigation (ROI) recommendation. All parenthetical information in

this example is fictional and is used for illustrative purposes only:

Having interviewed the appropriate personnel and having reviewed

the appropriate documents, I recommend additional training sessions

for all branch personnel on accepted Air Force standards, and the

Air Force pursue administrative or judicial disciplinary action with

respect to Terry Hardcase. (Exemption 5)

(e) Exemption 6. Example used is a simulated personnel computer

report on a military member selected for a special assignment (all

information below is fictional; information and marking is used for

illustrative purposes only.):

SSgt Doe, Kerry E. SSN: 111-11-1112 Date of Birth: 22

Jun 71

Duty Title: Special Assistant to Office Symbol: ..................

CINCPAC CINCPAC/CCSA

Duty Station: Hickam AFB HI Date Assigned: 12

11111-1111 June 1998

Marital Status: Divorced Dependents: 01 Home Address: 12

Anystreet,

Downtown ST 11112

Home Phone: (112) 223-3344

(Exemption 6)

------------------------------------------------------------------------

(f) Exemption 7. Example used is summary of a law enforcement

report on a domestic disturbance at on-base family housing (all

information below is fictional and all parenthetical information is

used for illustrative purposes only):

At 2140, the law enforcement desk, extension 222-3456, took an

anonymous call that reported a disturbance at 1234 Basestreet,

quarters allegedly occupied by two military members. SrA Patrolman

(names of law enforcement investigators usually are withheld under

Exemptions 6 and 7(C)) arrived on the scene at 2155. SrA Patrolman

met Nora Neighbor, (names of witnesses usually are withheld under

Exemptions 6 and 7(C)) who was very agitated. Because she feared her

neighbors would retaliate against her if they knew she reported

their fight, she asked that her name not be released before she

would talk. After she was promised her identity would remain

anonymous, she stated: (Nora Neighbor became a confidential

informant; data that could identify her, and in some cases, the

information she related, should be withheld from release under

Exemptions 6, 7(C) and (D).) ``I heard cursing and heard furniture

and dishes breaking. They fight all the time. I've seen Betty Battle

(unless Betty is the requester, redact her name Exemptions 6 and

7(C)) with a black eye, and I also saw Bob Battle (unless Bob is the

requester, redact his name Exemptions 6 and 7(C)) with bruises the

day after they had their last fight, last Saturday night. This time,

there was a tremendous crash; I heard a man scream ``My Lord NO!''

then I saw Betty Battle come out of the house with dark stains on

her clothes--she got into her car and drove away. I could see this

really well, because the streetlight is right between our houses;

I'm the wife of their NCOIC. If only Nick, my husband, was here now,

he'd know what to do! I haven't heard anything from Bob Battle.''

(Exemptions 6 and 7)

Sec. 806.31 Requirements of 5 U.S.C. 552(b)(4) to submitters of

nongovernment contract-related information.

(a) The FOIA requires federal agencies to provide their records,

except those specifically exempted, for the public to inspect and copy.

Section (b) of the Act lists nine exemptions that are the only basis

for withholding records from the public.

(b) In this case, the fourth exemption, 5 U.S.C. 552(b)(4), may

apply to records or information the Air Force maintains. Under this

exemption, agencies must withhold trade secrets and commercial or

financial information they obtained from a person or organization

outside the government that is privileged or confidential. This

generally includes information provided and received during the

contracting process with the understanding that the Air Force will keep

it privileged or confidential.

(c) Commercial or financial matter is ``confidential'' and exempt

if its release will probably:

(1) Impair the government's ability to obtain necessary information

in the future.

(2) Substantially harm the source's competitive position or impair

some other legitimate government interest such as compliance and

program effectiveness.

(d) Applicability of exemption. The exemption may be used to

protect information provided by a nongovernment submitter when public

disclosure will probably cause substantial harm to its competitive

position. Examples of information that may qualify for this exemption

include:

(1) Commercial or financial information received in confidence with

loans, bids, contracts, or proposals, as well as other information

received in confidence or privileged, such as trade secrets,

inventions, discoveries, or other proprietary data.

Note: Certain proprietary and source selection information may

also fall under exemption (b)(3), under the provisions of 10 U.S.C.

2305(g) or 41 U.S.C. 423, if statutory requirements are met.

(2) Statistical data and commercial or financial information

concerning contract performance, income, profits, losses, and

expenditures, offered and received in confidence from a contractor or

potential contractor.

(3) Personal statements given during inspections, investigations,

or audits, received and kept in confidence because they reveal trade

secrets or commercial or financial information, normally considered

confidential or privileged.

(4) Financial data that private employers give in confidence for

local wage surveys used to set and adjust pay schedules for the

prevailing wage rate of DoD employees.

(5) Information about scientific and manufacturing processes or

developments that is technical or scientific or other information

submitted with a research grant application, or with a report while

research is in progress.

(6) Technical or scientific data a contractor or subcontractor

develops entirely at private expense, and technical or scientific data

developed partly with Federal funds and partly with private funds, in

which the contractor or subcontractor retains legitimate proprietary

interests per 10 U.S.C. 2320 to 2321 and 48 CFR, Chapter 2, 227.71-

227.72.

[[Page 72824]]

(7) Computer software copyrighted under the Copyright Act of 1976

(17 U.S.C. 106), the disclosure of which would adversely impact its

potential market value.

(e) Submitter's Written Response. If release of the requested

material would prejudice your commercial interests, give detailed

written reasons that identify the specific information and the

competitive harm public release will cause to you, your organization,

or your business. The act requires the Air Force to provide any

reasonably segregable part of a record after deleting exempt portions.

If deleting key words or phrases would adequately protect your

interests, advise us in writing which portions you believe we can

safely release, and which portions you believe we need to withhold from

release. If you do not provide details on the probability of

substantial harm to your competitive position or other commercial

interests, which would be caused by releasing your material to the

requester, we may be required to release the information. Records

qualify for protection on a case by case basis.

(f) Pricing Information. Generally, the prices a contractor charges

the government for goods or services would be released under the FOIA.

Examples of releasable data include: bids submitted in response to an

invitation for bids (IFB), amounts actually paid by the government

under a contract, and line item prices, contract award price, and

modifications to a contract. Unit prices contained in a contract award

are considered releasable as part of the post award notification

procedure prescribed by 48 CFR 15.503, unless they are part of an

unsuccessful proposal, then 10 U.S.C. 2305(g) protects everything

including unit price.

Appendix A to Part 806--References

Title 5, United States Code, Section 552, The Freedom of Information

Act, as amended

Title 5, United States Code, Section 552a, The Privacy Act (as

amended)

Title 10, United States Code, Section 2305(g), Prohibition on

Release of Contractor Proposals

Title 48, Code of Federal Regulations (CFR), Federal Acquisition

Regulations (FAR) System

OMB Bulletin 95-01, 7 December 1994

OMB Memorandum, 6 February 1998

DoD 5200.1-R, Information Security Program, January 1997

AFI 16-701, Special Access Programs

AFI 31-206, Security Police Investigations

AFI 31-401, Information Security Program Management

AFI 31-501, Personnel Security Program Management

AFI 31-601, Industrial Security Program Management

AFI 33-129, Transmission of Information Via the Internet

AFI 35-205, Air Force Security and Policy Review Program

AFI 36-2603, Air Force Board for Correction of Military Records

AFI 36-2706, Military Equal Opportunity and Treatment Program

AFI 36-2906, Personal Financial Responsibility

AFI 36-2907, Unfavorable Information File (UIF) Program

AFPD 37-1, Air Force Information Management (will convert to AFPD

33-3)

AFI 37-124, The Information Collections and Reports Management

Program; Controlling Internal, Public, and Interagency Air Force

Information Collections (will convert to AFI 33-324)

AFI 37-132, Air Force Privacy Act Program (will convert to AFI 33-

332)

AFMAN 37-139, Records Disposition Schedule (will convert to AFMAN

33-339)

AFI 40-301, Family Advocacy

AFI 41-210, Patient Administration Functions

AFI 44-109, Mental Health and Military Law

AFI 51-201, Administration of Military Justice

AFI 51-301, Civil Litigation

AFI 51-303, Intellectual Property-Patents, Patent Related Matters,

Trademarks, and Copyrights

AFI 51-501, Tort Claims

AFI 51-503, Aircraft, Missile, Nuclear and Space Accident

Investigations

AFI 51-504, Legal Assistance, Notary and Preventive Law Programs

AFI 51-1102, Cooperation with the Office of the Special Counsel

AFI 61-204, Disseminating Scientific and Technical Information

AFI 61-303, Licensing Inventions Made Under Cooperative Research and

Development Agreements

AFI 65-401, Relations With the General Accounting Office

AFI 71-101, Volume 1, Criminal Investigations

AFI 71-101, Volume 2, Protective Service Matters

AFI 84-101, Historical Products, Services, and Requirements

AFI 90-301, Inspector General Complaints

AFI 90-401, Air Force Relations With Congress

AFI 91-204, Safety Investigations and Reports

Appendix B to Part 806--Abbreviations and Acronyms

AFCA--Air Force Communications Agency

AFCIC--Air Force Communications and Information Center

AFRC--Air Force Reserve Command

AFI--Air Force Instruction

AFLSA/JACL--Air Force Legal Services Agency, General Litigation

Division

AFMAN--Air Force Manual

AFPC/MSIMD--Air Force Personnel Center/Records Management, FOIA, and

Privacy Act Office

AFPD--Air Force Policy Directive

ANG--Air National Guard

ASCII--American Standard Code for Information Interchange

CFR--Code of Federal Regulations

DFAS--Defense Finance and Accounting Service

DFOISR--Director, Freedom of Information and Security Review

DoD--Department of Defense

DRU--Direct Reporting Unit

EFOIA--Electronic Freedom of Information Act

ERR--Electronic Reading Room

FOA--Field Operating Agency

FOIA--Freedom of Information Act

FOUO--For Official Use Only

GAO--General Accounting Office

GILS--Government Information Locator Service

GPO--Government Printing Office

IDA--Initial Denial Authority

IG--Inspector General

IMPAC--International Merchant Purchase Authority Card

LOA--Letters of Offer and Acceptance

MAJCOM--Major Command

MFR--Memorandum for Record

NATO--North Atlantic Treaty Organization

NORAD--North American Aerospace Defense

NTIS--National Technical Information Service

OCR--Office of Corollary Responsibility

OMB--Office of Management and Budget

OPR--Office of Primary Responsibility

PA--Privacy Act

PAO--Public Affairs Office

PAS--Personnel Accounting Symbol

RCS--Reports Control Symbol

SAF--Secretary of the Air Force

SSN--Social Security Number

USAF--United States Air Force

U.S.C.--United States Code

WWW--World Wide Web

Appendix C To Part 806--Terms

Appellate Authority--The Office of the General Counsel to the

Secretary of the Air Force (SAF/GCA).

Denial--An adverse determination on no records, fees, expedited

access, or not disclosing records.

Determination--The written decision to release or deny records or

information that is responsive to a request.

Disclosure--Providing access to, or one copy of, a record.

Disclosure Authority--Official authorized to release records,

normally division chiefs or higher.

FOIA Manager--The person who manages the FOIA Program at each

organizational level.

FOIA Request--A written request for DoD records from the public that

cites or implies the FOIA.

Functional Request--Any request for records from the public that

does not cite the FOIA.

Government Information Locator Service (GILS)--An automated on-line

card catalog of publicly accessible information.

Glomar Response--A reply that neither confirms nor denies the

existence or nonexistence of the requested record.

Initial Denial Authority (IDA)--Persons in authorized positions that

may withhold records.

Partial Denial--A decision to withhold part of a requested record.

[[Page 72825]]

Public Interest--The interest in obtaining official information that

sheds light on how an agency performs its statutory duties and

informs citizens about what their government is doing.

Reading Room--A place where the public may inspect and copy, or have

copied, releasable records.

Records--The products of data compilation, such as all books,

papers, maps, and photographs, machine readable materials inclusive

of those in electronic form or format, or other documentary

materials, regardless of physical form or characteristics, made or

received by an agency of the U.S. Government under Federal Law in

connection with the transaction of public business and in the

agency's possession and control at the time the FOIA request is

made. Records include notes, working papers, and drafts.

Redact--To remove nonreleasable material.

Janet A. Long,

Air Force Federal Register Liaison Officer.

[FR Doc. 99-29525 Filed 12-27-99; 8:45 am]

BILLING CODE 5001-05-U