[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Rules and Regulations]
[Pages 71793-71795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24355]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[DoD-2007-OS-0041; RIN 0790-AI21]

32 CFR Part 285


DoD Freedom of Information Act (FOIA) Program

AGENCY: Department of Defense.

ACTION: Final rule.

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SUMMARY: The Department of Defense is updating current policies and 
procedures reflecting the DoD FOIA Program as prescribed by Executive 
Order 13392. The changes will ensure appropriate agency disclosure of 
information and offer consistency with the goals of section 552 of 
title 5, United States Code.

DATES: Effective Date: This rule is effective December 19, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. James Hogan, 703-696-4495.

SUPPLEMENTARY INFORMATION:

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

    On June 15, 2007, the Department of Defense published a proposed 
rule (72 FR 33180). No comments were received.
    It has been certified that 32 CFR part 285 does not:
    (1) Have an annual effect on 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 tribunal 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.

Section 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 285 does not contain a 
Federal mandate that may result in the expenditure by State, local and 
tribunal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

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

    It has been certified that 32 CFR part 285 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.

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

    It has been certified that 32 CFR part 285 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 285 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 285

    Freedom of information.
    Accordingly, 32 CFR part 285 is revised as follows.

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

Sec
285.1 Purpose.

[[Page 71794]]

285.2 Applicability and scope.
285.3 Policy.
285.4 Responsibilities.
285.5 Information requirements.

    Authority: 5 U.S.C. 552.


Sec.  285.1  Purpose.

    This part:
    (a) Updates policies and responsibilities for implementing the DoD 
FOIA Program in accordance with 5 U.S.C. 552 (commonly known as the 
``FOIA'').
    (b) Continues to authorize 32 CFR part 286 to implement the FOIA 
Program.
    (c) Implements E.O. 13392 within the Department of Defense.
    (d) Continues to delegate authorities and responsibilities for the 
effective administration of the FOIA Program consistent with DoD 
Directive 5105.53 \1\.
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    \1\ Copies of DoD Directives, Instructions, and Publications may 
be obtained at http://www.dtic.mil/whs/directives/.
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Sec.  285.2  Applicability.

    This part applies to:
    (a) The Office of the Secretary of Defense (OSD), the Military 
Departments, the Office of the Chairman of the Joint Chiefs of Staff, 
the Combatant Commands, the Office of the Inspector General of the 
Department of Defense, the Defense Agencies, the DoD Field Activities, 
and all other organizational entities in the Department of Defense 
(hereafter referred to collectively as the ``DoD Components'').
    (b) National Security Agency/Central Security Service records, 
unless the records are exempt according to 50 U.S.C. 402.
    (c) Defense Intelligence Agency, National Reconnaissance Office, 
and National Geospatial-Intelligence Agency records, unless the records 
are exempt according to 50 U.S.C. 403-5e, 10 U.S.C. 424 and 455, or 
other applicable law.


Sec.  295.3  Policy.

    It is DoD policy to:
    (a) Promote public trust by making the maximum amount of 
information available to the public, in both hard copy and electronic 
formats, on the operation and activities of the Department of Defense, 
consistent with the DoD responsibility to protect national security and 
other sensitive DoD information.
    (b) Allow a requester to obtain records from the Department of 
Defense that are available through other public information services 
without invoking the FOIA.
    (c) Make available, according to the procedures established by DoD 
32 CFR part 286, DoD records requested by a member of the public who 
explicitly or implicitly cites the FOIA.
    (d) Answer promptly all other requests for DoD information and 
records under established procedures and practices.
    (e) Release DoD records to the public unless those records are 
exempt from disclosure as outlined in 5 U.S.C. 552.
    (f) Process requests by individuals for access to records about 
themselves contained in a Privacy Act system of records according to 
the procedures set forth in 32 CFR part 310 and this part, as amplified 
by DoD 32 CFR part 286.
    (g) Provide FOIA requesters with citizen-centered ways to learn 
about the FOIA process, about DoD records that are publicly available, 
and about the status of a FOIA request and appropriate information 
about the DoD response.


Sec.  285.4  Responsibilities.

    (a) The Director, Administration and Management (DA&M) shall:
    (1) Serve as the DoD Chief FOIA Officer in accordance with E.O. 
13392.
    (2) Direct and oversee the DoD FOIA Program to ensure compliance 
with the policies and procedures that govern administration of the 
program.
    (3) Designate the FOIA Public Liaisons for the Department of 
Defense in accordance E.O. 13392. The FOIA Public Liaisons for OSD, the 
Office of the Chairman of the Joint Chiefs of Staff, and the Combatant 
Commands shall be appointed from the Defense Freedom of Information 
Policy Office (DFOIPO).
    (4) Prepare and submit to the Attorney General the DoD Annual 
Freedom of Information Act Report as required by 5 U.S.C. 552 and other 
reports as required by E.O. 13392.
    (5) Serve as the appellate authority for appeals to the decisions 
of the respective Initial Denial Authorities within OSD, the Office of 
the Chairman of the Joint Chiefs of Staff, the DoD Field Activities 
(listed in DoD 32 CFR part 286), and the Combatant Commands. The DA&M 
may delegate this responsibility to an appropriate member of the DA&M 
or Washington Headquarters Services (WHS) staff.
    (6) Prepare and maintain a DoD issuance and other discretionary 
information to ensure timely and reasonably uniform implementation of 
the FOIA in the Department of Defense.
    (b) The Director, WHS, under the authority, direction, and control 
of the DA&M, shall administer the FOIA Program, inclusive of training, 
for OSD and the Office of the Chairman of the Joint Chiefs of Staff.
    (c) The General Counsel of the Department of Defense shall:
    (1) Provide uniformity in the legal interpretation of this part.
    (2) Ensure affected OSD legal advisors, public affairs officers, 
and legislative affairs officers are aware of releases through 
litigation channels that may be of significant public, media, or 
Congressional interest or of interest to senior DoD officials.
    (3) Establish procedures to centralize processing of FOIA 
litigation documents when deemed necessary.
    (d) The Under Secretary of Defense for Intelligence shall establish 
uniform procedures regarding the declassification of national security 
information made pursuant to requests invoking the FOIA.
    (e) The Heads of the DoD Components shall:
    (1) Internally administer the DoD FOIA Program; publish any 
instructions necessary for the administration of this part within their 
Components that are not prescribed by this part or by other DA&M 
issuances in the Federal Register.
    (2) Serve as, or appoint another Component official as, the FOIA 
appellate authority for the Component.
    (3) Establish one or more FOIA Requester Service Centers as 
prescribed by E.O. 13392.
    (4) Submit names of personnel to the DA&M for designation as FOIA 
Public Liaisons.
    (5) Ensure their respective chains of command, affected legal 
advisors, public affairs officers, and legislative affairs officers are 
aware of releases through the FOIA, inclusive of releases through 
litigation channels, that may be of significant public, media, or 
Congressional interest or of interest to senior DoD officials.
    (6) Conduct training on the provisions of this part, 5 U.S.C. 552, 
and DoD 32 CFR part 286 for officials and employees who implement the 
FOIA.
    (7) Submit to DFOIPO inputs to the DoD FOIA Annual Report 
prescribed in DoD 32 CFR part 286 and E.O. 13392.
    (8) Make the records specified in 5 U.S.C. 552(a)(2) unless such 
records are published and copies are offered for sale, available for 
public inspection and copying in an appropriate facility or facilities 
according to rules published in the Federal Register. These records 
shall be made available to the public in both hard copy and electronic 
formats.
    (9) Maintain and make current indices of all records available for 
public inspection and copying as required by 5 U.S.C. 552(a)(2).


Sec.  285.5  Information requirements.

    Reporting requirements are in DoD 32 CFR part 286 and have been 
assigned Report Control Symbol DD-DA&M(A)1365 in accordance with DoD 
8910.1-M.


[[Page 71795]]


    Dated: December 11, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. E7-24355 Filed 12-18-07; 8:45 am]
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