[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Proposed Rules]
[Pages 25875-25876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11599]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 285


DOD Freedom of Information Act (FOIA) Program

AGENCY: Office of the Secretary, Department of Defense (DOD).

ACTION: Proposed rule.

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SUMMARY: This proposed revision to the DOD Freedom of Information Act 
(FOIA) Program provides substantive and administrative changes. It 
conforms to the requirements of the Electronic Freedom of Information 
Act Amendments of 1996, as amended by Public Law 104-231.

DATES: Comments must be received by July 11, 1997.

ADDRESSES: Forward comments to ASD(PA), Room 2C757, 1400 Defense 
Pentagon, Washington, DC 20301-1400.

FOR FURTHER INFORMATION CONTACT: Mr. C. Talbott, 703-697-1180.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

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

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

    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant

[[Page 25876]]

economic impact on a substantial number of small entities. This rule 
implements the Freedom of Information Act (5 U.S.C. 552), a statute 
concerning the release of Federal Government records, and does not 
economically impact Federal Government relations with the private 
sector.

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

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

List of Subjects in 32 CFR Part 285

    Freedom of Information.

    Accordingly, 32 CFR part 285 is proposed to be revised to read as 
follows:

PART 285--DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM

Sec.
285.1  Purpose.
285.2  Applicability and scope.
285.3  Policy.
252.4  Responsibilities.
285.5  Information requirements.

    Authority: 5 U.S.C. 552.


Sec. 285.1  Purpose.

    This part:
    (a) Update policies and responsibilities for the implementation of 
the DOD FOIA Program under 5 U.S.C. 552.
    (b) Continues to delegate authorities and responsibilities for the 
effective administration of the FOIA program.


Sec. 285.2  Applicability and scope.

    (a) This part applies to the Office of the Secretary of Defense 
(OSD), the Military Departments, the Chairman of the Joint Chiefs of 
Staff, the Combatant Commands, the Inspector General of the Department 
of Defense (IG, DoD), the Defense Agencies, and the DoD Field 
Activities (hereafter referred to collectively as ``the DoD 
Components'').
    (b) National Security Agency/Central Security Service records are 
subject to this part unless the records are exempt under 50 U.S.C. 401 
note. The records of the Defense Intelligence Agency, National 
Reconnaissance Office, and the National Imagery and Mapping Agency are 
also subject to this part unless the records are exempt under 10 U.S.C. 
424.


Sec. 285.3  Policy.

    It is DoD policy to: 
    (a) Promote public trust by making the maximum amount of 
information available to the public, in both hardcopy and electronic 
formats, on the operation and activities of the Department of Defense, 
consistent with DOD's responsibility to ensure national security.
    (b) Allow a requester to obtain agency records from the Department 
of Defense that are available through other public information services 
without invoking the FOIA.
    (c) Make available, under the procedures established by 32 part 
286, those agency records that are requested by a member of the general 
public who cites the FOIA.
    (d) Answer promptly all other requests for information, agency 
records, objects, and articles under established procedures and 
practices.
    (e) Release agency records to the public unless those records are 
exempt from mandatory disclosure as outlined in 5 U.S.C. 552.
    (f) Process requests by individuals for access to records about 
themselves under the Privacy Act procedures as implemented by DOD 
Directive 5400.11 \1\, and procedures outlined in this part as 
amplified by 32 CFR part 286.
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    \1\ Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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Sec. 285.4  Responsibilities.

    (a) The Assistant Secretary of Defense for Public Affairs (ASD 
(PA)) shall:
    (1) Direct and administer the DOD FOIA Program to ensure compliance 
with policies and procedures that govern the administration of the 
program.
    (2) Issue a DOD FOIA regulation and other discretionary 
instructions and guidance to ensure timely and reasonably uniform 
implementation of the FOIA in the Department of Defense.
    (3) Internally administer the FOIA Program for OSD, the Chairman of 
the Joint Chiefs of Staff and, as an exception to DOD Directive 5100.3 
\2\, the Combatant Commands.
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    \2\ See footnote 1 to Sec. 285.3 (f).
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    (4) As the designee of the Secretary of Defense, serve as the sole 
appellate authority for appeals to decisions of respective Initial 
Denial Authorities within OSD, the Chairman of the Joint Chiefs of 
Staff, the Combatant Commands, and the DOD Field Activities.
    (b) The General Counsel, Department of Defense shall provide 
uniformity in the legal interpretation of this part.
    (c) The Heads of DOD Components shall:
    (1) Publish in the Federal Register any instructions necessary for 
the internal administration of this part within a DOD Component that 
are not prescribed by this part or by other issuances of the ASD(PA). 
For the guidance of the public, the information specified in 5 U.S.C. 
552(a)(1) shall be published in accordance with DOD Directive 
5400.9\3\.
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    \3\ See footnote 1 to Sec. 285.3(f)
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    (2) Conduct training on the provisions of this part, 5 U.S.C. 552, 
and 32 CFR part 286 for officials and employees who implement the FOIA.
    (3) Submit the report prescribed in Chapter 7 of DOD 5400.7-R.\4\
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    \4\ See footnote 1 to Sec. 285.3(f)
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    (4) Make available for public inspection and copying in an 
appropriate facility or facilities, in accordance with rules published 
in the Federal Register the records specified in 5 U.S.C. 552(a)(2) 
unless such records are published and copies are offered for sale.
    (5) Maintain and make available for public in inspection and 
copying current indices of these records are required by U.S.C. 552.


Sec. 285.5  Information requirements.

    The reporting requirements in Chapter 7 of DOD 5400.7-R have been 
assigned Report Control Symbol DD-PA(A) 1365.

    Dated: April 29, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer.
[FR Doc. 97-11599 Filed 5-9-97; 8:45 am]
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