[Title 32 CFR 518.58]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter A - AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS]
[Part 518 - THE ARMY FREEDOM OF INFORMATION ACT PROGRAM]
[Subpart E - Release and Processing Procedures]
[Sec. 518.58 - Initial denial authority.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE32002-07-012002-07-01false518.58Sec. 518.58NATIONAL DEFENSEDEPARTMENT OF THE ARMYAID OF CIVIL AUTHORITIES AND PUBLIC RELATIONSTHE ARMY FREEDOM OF INFORMATION ACT PROGRAMRelease and Processing Procedures
Sec. 518.58  Initial denial authority.

    (a) Components shall limit the number of IDAs appointed. In 
designating its IDAs, a DoD Component shall balance the goals of 
centralization of authority to promote uniform decisions and 
decentralization to facilitate responding to each request within the 
time limitations of the FOIA. The DA officials in paragraph (d) of this 
section are designated as the Army's only IDAs. Only an IDA, his or her 
delegate, or the Secretary of the Army can deny FOIA requests for DA 
records. Each IDA will act on direct and referred requests for records 
within his or her area of functional responsibility. (See the proper AR 
in the 10-series for full discussions of these areas; they are outlined 
in paragraph (d) of this section.) Included are records created or

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kept within the IDA's area of responsibility; records retired by, or 
referred to, the IDA's headquarters or office; and records of 
predecessor organizations. If a request involves the areas of more than 
one IDA, the IDA to whom the request was originally addressed will 
normally respond to it; however, the affected IDAs may consult on such 
requests and agree on responsibility for them. IDAs will complete all 
required coordination at initial denial level. This includes classified 
records retired to the National Archives and Records Administration when 
a mandatory declassification review is necessary.
    (b) The initial determination of whether to make a record available 
or grant a fee waiver upon request may be made by any suitable official 
designated by the DoD Component in published regulations. The presence 
of the marking ``For Official Use Only'' does not relieve the designated 
official of the responsibility to review the requested record for the 
purpose of determining whether an exemption under this Regulation is 
applicable and should be invoked. DAs may delegate all or part of their 
authority to an office chief or subordinate commander. Such delegations 
must not slow FOIA actions. If an IDA's delegate denies a FOIA or fee 
waiver request, the delegate must clearly state that he or she is acting 
for the IDA and identify the IDA by name and position in the written 
response to the requester. IDAs will send the names, offices, and 
telephone numbers of their delegates to the Director of Information 
Systems for Command, Control, Communications, and Computers. IDAs will 
keep this information current. (The mailing address is HQDA (SAIS-PS), 
WASH DC 20310-0107.
    (c) The officials designated by DoD Components to make initial 
determinations should consult with public affairs officers (PAOs) to 
become familiar with subject matter that is considered to be newsworthy, 
and advise PAOs of all requests from news media representatives. In 
addition, the officials should inform PAOs in advance when they intend 
to withhold or partially withhold a record, if it appears that the 
withholding action may be challenged in the media. A FOIA release or 
denial action, appeal, or court review may generate public or press 
interest. In such case, the IDA (or delegate) should consult the Chief 
of Public Affairs or the command or organization PAO. The IDA should 
inform the PAO contacted of the issue and obtain advice and 
recommendations on handling its public affairs aspect. Any advice or 
recommendations requested or obtained should be limited to this aspect. 
Coordination must be completed within the 10-day FOIA response limit. 
(The point of contact for the Army Chief of Public Affairs is HQDA 
(SAPA-OSR), WASH DC 20310-1500; telephone, AUTOVON 227-4122 or 
commercial (202) 697-4122.) If the request involves actual or potential 
litigation against the United States, release must be coordinated with 
The Judge Advocate General. (See Sec. 518.54(e).)
    (d) The following officials are designated IDAs for the areas of 
responsibility outlined below:
    (1) The Administrative Assistant to the Secretary of the Army is 
authorized to act for the Secretary of the Army on requests for all 
records maintained by the Office of the Secretary of the Army and its 
serviced activities, except those specified in paragraphs (d)(2) through 
(d)(6) of this section, as well as requests requiring the personal 
attention of the Secretary of the Army.
    (2) The Assistant Secretary of the Army (Financial Management) is 
authorized to act on requests for finance and accounting records.
    (3) The Assistant Secretary of the Army (Research, Development, and 
Acquisition) is authorized to act on requests for procurement records 
other than those under the purview of the Chief of Engineers and the 
Commander, U.S. Army Materiel Command.
    (4) The Director of Information Systems for Command, Control, 
Communications, and Computers (DISC4) is authorized to act on requests 
for records pertaining to the Army Information Resources Management 
Program (automation, telecommunications, visual information, records 
management, publications and printing, and libraries).

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    (5) The Inspector General is authorized to act on requests for all 
Inspector General records under AR 20-1.
    (6) The Auditor General is authorized to act on requests for records 
relating to audits done by the U.S. Army Audit Agency under AR 10-2. 
This includes requests for related records developed by the Audit 
agency.
    (7) The Deputy Chief of Staff for Operations and Plans is authorized 
to act on requests for records relating to strategy formulation; force 
development; individual and unit training policy; strategic and tactical 
command and control systems; nuclear and chemical matters; use of DA 
forces; and military police records and reports, prisoner confinement, 
and correctional records.
    (8) The Deputy Chief of Staff for Personnel is authorized to act on 
requests for case summaries, letters of instruction to boards, 
behavioral science records, general education records, and alcohol and 
drug prevention and control records. Excluded are individual treatment/
test records, which are a responsibility of The Surgeon General.
    (9) The Deputy Chief of Staff for Logistics is authorized to act on 
requests for records relating to DA logistical requirements and 
determinations, policy concerning materiel maintenance and use, 
equipment standards, and logistical readiness.
    (10) The Chief of Engineers is authorized to act on requests for 
records involving civil works, military construction, engineer 
procurement, and ecology; and the records of the U.S. Army Engineer 
divisions, districts, laboratories, and field operating agencies.
    (11) The Surgeon General is authorized to act on requests for 
medical research and development records, and the medical records of 
active duty military personnel, dependents, and persons given physical 
examination or treatment at DA medical facilities, to include alcohol 
and drug treatment/test records.
    (12) The Chief of Chaplains is authorized to act on requests for 
records involving ecclesiastical relationships, rites performed by DA 
chaplains, and nonprivileged communications relating to clergy and 
active duty chaplains' military personnel files.
    (13) The Judge Advocate General (TJAG) is authorized to act on 
requests for records relating to claims, courts-martial, legal services, 
and similar legal records. TJAG is also authorized to act on requests 
for records described elsewhere in this regulation, if those records 
relate to litigation in which the United States has an interest. In 
addition, TJAG is authorized to act on requests for records that are not 
within the functional areas of responsibility of any other IDA.
    (14) The Chief, National Guard Bureau, is authorized to act on 
requests for all personnel and medical records of retired, separated, 
discharged, deceased, and active Army National Guard military personnel, 
including technician personnel, unless such records clearly fall within 
another IDA's responsibility. This authority includes, but is not 
limited to, National Guard organization and training files; plans, 
operations, and readiness files; policy files; historical files; files 
relating to National Guard military support, drug interdiction, and 
civil disturbances; construction, civil works, and ecology records 
dealing with armories, facilities within the States, ranges, etc.; Equal 
Opportunity investigative records; aviation program records and 
financial records dealing with personnel, operation and maintenance, and 
equipment budgets.
    (15) The Chief of Army Reserve is authorized to act on requests for 
all personnel and medical records of retired, separated, discharged, 
deceased, and reserve component military personnel, and all U.S. Army 
Reserve (USAR) records, unless such records clearly fall within another 
IDA's responsibility. Records under the responsibility of the Chief of 
Army Reserve include records relating to USAR plans, policies, and 
operations; changes in the organizational status of USAR units; 
mobilization and demobilization policies; active duty tours; and the 
Individual Mobilization Augmentation program.
    (16) The Commander, United States Army Materiel Command (AMC) is 
authorized to act on requests for the records of AMC headquarters and 
its

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subordinate commands, units, and activities that relate to procurement, 
logistics, research and development, and supply and maintenance 
operations.
    (17) The Commander, USACIDC, is authorized to act on requests for 
criminal investigative records of USACIDC headquarters and its 
subordinate activities. This includes criminal investigation records, 
investigation-in-progress records, and military police reports that 
result in criminal investigation reports.
    (18) The Commander, United States Total Army Personnel Command, is 
authorized to act on requests for military personnel files relating to 
active duty (other than those of reserve and retired personnel) military 
personnel matters, personnel locator, physical disability 
determinations, and other military personnel administration records; 
records relating to military casualty and memorialization activities; 
heraldic activities; voting; records relating to identification cards; 
naturalization and citizenship; commercial solicitation; Military Postal 
Service Agency and Army postal and unofficial mail service; civilian 
personnel records and other civilian personnel matters; and personnel 
administration records.
    (19) The Commander, United States Army Community and Family Support 
Center, is authorized to act on requests for records relating to morale, 
welfare, and recreation activities; nonappropriated funds; child 
development centers, community life programs, and family action 
programs; retired activities; club management; Army emergency relief; 
consumer protection; retiree survival benefits; and records dealing with 
DA relationships with Social Security, Veterans' Affairs, United Service 
Organization, U.S. Soldiers' and Airmen's Home, and American Red Cross.
    (20) The Commander, United States Army Intelligence and Security 
Command, is authorized to act on requests for intelligence investigation 
and security records, foreign scientific and technological information, 
intelligence training, mapping and geodesy information, ground 
surveillance records, intelligence threat assessment, and missile 
intelligence data relating to tactical land warfare systems.
    (21) The Commander, U.S. Army Safety Center, is authorized to act on 
requests for Army safety records.
    (22) The General Counsel, Army and Air Force Exchange Service 
(AAFES), is authorized to act on requests for AAFES records, under AR 
60-20/AFR 147-14.
    (23) The Commander, Forces Command (FORSCOM), as a specified 
commander, is authorized to act on requests for specified command 
records that are unique to FORSCOM under Sec. 518.29.
    (24) Special IDA authority for time-event related records may be 
designated on a case-by-case basis. These will be published in the 
Federal Register. Current information on special delegations may be 
obtained from the Office of the Director of Information Systems for 
Command, Control, Communications, and Computers, Attn: SAIS-PSP, WASH DC 
20310-0107.