32 C.F.R. Appendix A to Part 286—Combatant Commands—Processing Procedures for FOIA Appeals
Title 32 - National Defense
AP1.1. General AP1.1.1. In accordance with DoD Directive 5400.71 1 Copy may be viewed via internet at http://web7.whs.osd.mil/corres.htm. 2 See footnote 1 to paragraph AP1.1.1. of this appendix. AP1.1.2. The policy change in AP1.1.1. of this appendix authorizes and requires the Combatant Commands to process FOIA requests in accordance with DoD Directive 5400.7 and DoD Instruction 5400.103 3 See footnote 1 to paragraph AP1.1.1. of this appendix. AP1.2. Responsibilities of Commands Combatant Commanders in Chief shall: AP1.2.1. Designate the officials authorized to deny initial FOIA requests for records. AP1.2.2. Designate an office as the point-of-contact for FOIA matters. AP1.2.3. Refer FOIA cases to the Director, Freedom of Information and Security Review, for review and evaluation when the issues raised are of unusual significance, precedent setting, or otherwise require special attention or guidance. AP1.2.4. Consult with other OSD and DoD Components that may have a significant interest in the requested record prior to a final determination. Coordination with Agencies outside of the Department of Defense, if required, is authorized. AP1.2.5. Coordinate proposed denials of records with the appropriate Combatant Command's Office of the Staff Judge Advocate. AP1.2.6. Answer any request for a record within 20 working days of receipt. The requesters shall be notified that his request has been granted or denied. In unusual circumstances, such notification may state that additional time, not to exceed 10 working days, is required to make a determination. AP1.2.7. Provide to the Director, Freedom of Information and Security Review when the request for a record is denied in whole or in part, a copy of the response to the requester or the requester's representative, and any internal memoranda that provide background information or rationale for the denial. AP1.2.8. State in the response that the decision to deny the release of the requested information, in whole or in part, may be appealed to the Director, Administration and Management and Washington Headquarters Services, Directorate for Freedom of Information and Security Review, Room 2C757, 1155 Defense Pentagon, Washington, DC 20301–1155. AP1.2.9. Upon request, submit to Director, Administration and Management and Washington Headquarters Services a copy of the records that were denied. The Director, Administration and Management and Washington Headquarters Services shall make such requests when adjudicating appeals. AP1.3. Fees for FOIA Requests The fees charged for requested records shall be in accordance with subpart F of this part. AP1.4. Communications Excellent communication capabilities currently exist between the Director, Freedom of Information and Security Review and the Freedom of Information Act Offices of the Combatant Commands. This communication capability shall be used for FOIA cases that are time sensitive. AP1.5. Information Requirements AP1.5.1. The Combatant Commands shall submit to the Director, Freedom of Information and Security Review, an annual report. The instructions for the report are outlined in subpart G of this part. AP1.5.2. The annual reporting requirement contained in this part shall be submitted in duplicate to the Director, Freedom of Information and Security Review not later than each November 30. This reporting requirement has been assigned Report Control Symbol DD-DA&M(A) 1365 in accordance with DoD 8910.1–M.4 4 See footnote 1 to paragraph AP1.1.1. of this appendix.
Title 32: National Defense
PART 286—DOD FREEDOM OF INFORMATION ACT PROGRAM REGULATION
Subpart H—Education and Training
Appendix A to Part 286—Combatant Commands—Processing Procedures for FOIA Appeals
