§ 518.99 - Annual report content.

The following instructions shall be used in preparing the annual report for submission on DD Form 2564 (see appendix G to this part). DD Form 2564 may be ordered through publication channels or reproduced locally:

(a) Item 1.

(1) Total requests. Enter the total number of FOIA requests responded to during the calendar year.

(2) Granted in full. Enter the total number of FOIA requests responded to and granted in full during the calendar year. (This may include requests granted by your office, yet still requiring action by another office).

(3) Denied in part. Enter the total number of FOIA requests responded to and denied in part based on one or more of the nine FOIA exemptions. (Do not report denial of fee waivers).

(4) Denied in full. Enter the total number of FOIA requests responded to and denied in full based on one or more of the nine FOIA exceptions. (Do not report denial of fee waivers).

(5) “Other Reason” responses. Enter the total number of FOIA requests in which you were unable to provide all or part of the requested information based on an “Other Reason” response. Item (b)(3) of this section explains the six possible “Other Reasons”.

(6) Total actions. Enter the total number of FOIA actions taken during the calendar year. This number will be the sum of paragraphs (a)(2) through (a)(5) of this section.

(b) Item 2.

(1) Exemptions invoked on initial determinations. Enter the number of times an exemption was claimed for each request that was denied in full or in part. Since more than one exemption may be claimed when responding to a single request, this number will be equal to or greater than the sum of paragraphs (a)(3) and (a)(4) of this section.

(2) b(3) Status invoked on initial determinations. Identify the statutes cited and number of times invoked when you claim a (b)(3) exemption. The total number of instances will be equal to the total in paragraph (b)(1) of this section. Cite the specific sections when invoking the Atomic Energy of 1954 or the National Security Act of 1947. To qualify as a b(3) exemption, the statute must contain clear wording that the information covered will not be disclosed. The following examples are not b(3) statutes:

(i) 5 U.S.C. 552a—Privacy Act.

(ii) 17 U.S.C. 101 et. seq.—Copyright Act.

(iii) 18 U.S.C. 793—Gathering, Transmitting or Losing Defense Information.

(iv) 18 U.S.C. 794—Gathering or Delivering Defense Information to Aid Foreign Governments.

(v) 18 U.S.C. 1905—Trade Secrets Act.

(vi) U.S.C. 1498—Patent and Copyright Cases.

(3) “Other Reasons” cited on initial determinations. Identify the “Other Reasons” response cited when responding to a FOIA request and enter the number of times each was claimed.

(i) Transferred request. Enter the number of times a request was transferred to another DoD Component or Federal Agency for action.

(ii) Lack of records. Enter the number of times a search of files failed to identify records responsive to subject request and there was no statutory obligations to create a record.

(iii) Failure of requester to reasonably describe record. Enter the number of times a FOIA request could not be acted upon since the requester failed to reasonably describe the record(s) being sought.

(iv) Other failures by requester to comply with published rules and/or directives. Enter the number of times a requester failed to follow published rules concerning time, place, fees, and procedures.

(v) Request withdrawn by requester. Enter the number of times a requester withdrew a request and/or appeal.

(vi) Not an agency record. Enter the number of times a requester was provided a request indicating the requested information was not an agency record.

(vii) Total. Enter the sum of paragraphs (b)(3) (i) through (vi) of this section. This number will be equal to or greater than the number in paragraph (a)(5) of this section, since more than one reason may be claimed for each “Other Reason” response.

(c) Item. 3.

Initial denial authorities by participation. Enter the name, rank (if military), title, and activity of each individual who signed a partial or total denial response and give the number of instances of participation. The total number of instances will equal the sum of paragraphs (a)(3) and (a)(4) of this section. Show the individual's full title and complete organization (do not use acronyms or abbreviations, other than U.S.) See example below.

(d) Item 4.

(1) Total requests. Enter the total number of FOIA appeals responded to during the calendar year.

(2) Granted in full. Enter the total number of FOIA appeals responded to and granted in full during the year.

(3) Denied in part. Enter the total number of FOIA appeals responded to and denied in part based on one or more of the nine FOIA exemptions.

(4) Denied in full. Enter the total number of FOIA appeals responded to and denied in full based on one or more of the nine FOIA requests.

(5) “Other Reason” responses. Enter the total number of FOIA appeals in which you were unable to provide the requested information based on “Other Reason” response. Item (b)(3) of this section explains the six possible “Other Reasons.”

(6) Total actions. Enter the total number of FOIA appeal actions taken during the calendar year. This number will be the sum of paragraphs (d)(2) and (d)(5) of this section.

(e) Item 5.

(1) Exemptions invoked on appeal determinations. Enter the number of times an exemption was claimed for each appeal that was denied in full or in part. Since more than one exemption may be claimed when responding to a single request, this number will be equal to or greater than the sum of paragraphs (d)(3) and (d)(4) of this section.

(2) b(3) Statutes invoked on appeal determinations. Identify the statutes cited and number of times invoked when you claimed a(b)(3) exemption. The total number of instances will be equal to the total in paragraph (e)(1) of this section. Cite the specific sections when invoking the Atomic Energy Act of 1954 or the National Security Act of 1947. To qualify as a b(3) exemption, the statute must contain clear wording that the information covered will not be disclosed. Examples which are not b(3) statues are listed in paragraph (b)(2) of this section.

(3) “Other Reasons” cited on appeal determinations. Identify the “Other Reasons” response cited when responding to a FOIA appeal and enter the number of times each was claimed. See paragraph (b)(3) of this section for description of “Other Reasons”.

(f) Item 6.

Appeal denial authorities by participation. Enter the name, rank (if military), title, and activity of each individual who signed a partial or total appeal denial response and give the number of instances of participation. The total number of instances will equal the sum of paragraphs (d)(3) and (d)(4) of this section. Show the full title and complete organization (do not use acronyms or abbreviations, other than U.S.). See Item 3 of this section for example.

(g) Item 7.

Court opinions and actions taken. Briefly describe the results of each suit the Judge Advocate General and/or the General Counsel participated in during the calendar year. See following example:

(h) Item 8.

FOIA implementation rules and regulations. List all changes or revisions of FOIA rules or regulations affecting the implementation of the FOIA program, followed by the Federal Register reference (volume number, date, and page) that announces the change of revision to the public. Append a copy of each. See following example:

(i) Item 9.

Fee collected from the public. Enter the total amount of fees collected from the public during the calendar year. This includes search, review, and reproduction costs only.

(j) Item 10.

(1) Availability of records. Reports all new categories or segregable positions of records now being released upon request.

(2) FOI Program costs.

(i) Personnel costs. Items (b) and (c) of this section are used to captured manyears and salary costs of personnel primarily involved in planning, program management and/or administrative handling of FOIA requests. Determine salaries for military personnel by using the Composite Standard Pay rates (DoD 7229.9-M, Department of Defense Accounting Manual). For civilian personnel use Office of Personnel Management salary table and add 16 percent for benefits. A sample computation is shown as follows. Table G-1 shows how the cost computation is made.

Table G-1.—Sample ComputationGradeNo. of personnelSalaryPercentage of timeCostsO-5 1 $88,463 10 $8,846O-1 1 37,219 30 11,165GS-12 1 41,557 50 20.799Total 90 40,790Notes:1. To determine the manyear computation: Add the total percentages of time and divide the percentage by 100.2. Sample Computation: Manyears=140% divided by 100=1.4 manyears.

(ii) [Reserved]