Regulations
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 296
National Reconnaissance Office
Freedom of Information Act Program Regulation
AGENCY: National Reconnaissance Office,
DoD.
ACTION: Final rule.
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SUMMARY: This final rule establishes the
National Reconnaissance Office (NRO) regulation
governing the disclosure of information
under the Freedom of Information Act. This
part is reissued pursuant to the Department
of Defense rule, which implements the Freedom
of Information Act and it conforms to the
Department's rule and schedule. As a component
of the Department of Defense, the Department
rules and schedules with respect to the
Freedom of Information Act, as amended,
will also be the policy of the NRO.
Effective Date: October 20, 1999.
FOR FURTHER INFORMATION CONTACT: Barbara
Friemann, Chief, Information Access and
Release Center, (703) 808-5029, Reading
Room Appointments (703) 808-2474 or (703)
808-5500.
SUPPLEMENTARY iNFORMATION: The NRO published
a final rule of this part on November 16,
1993 (58 FR 60382). This rule does not constitute
a significant regulatory action within the
meaning of Executive Order 12866. Neither
the requirements of the Regulatory Flexibility
Act (5 U.S.C. 601-612), nor the reporting
or record-keeping requirements under the
Paperwork Reduction Act of 1995 (Pub. L.
104-13) apply. It is hereby certified that
this final rule does not exert a significant
economic impact nor impose new requirements
on a number of small entities. This determination
is made based upon the fact that the rule
merely codifies the procedural aspects of
the NRO Freedom of Information Act Program,
as amended by the ``Electronic Freedom of
Information Act Amendment of 1996''. It
includes guidance on how and from whom to
request information pertaining to the NRO.
List of Subjects 32 CFR Part 296
Freedom of information.
Accordingly, 32 CFR part 296 is revised
to read as follows
[[Page 71298]]
PART 296--NATIONAL RECONNAISSANCE OFFICE
FREEDOM OF INFORMATION ACT PROGRAM REGULATION
Sec.
296.1 Purpose.
296.2 Definitions.
296.3 Indexes.
296.4 Procedures for request of records.
296.5 Appeals.
296.6 Reading room.
Authority: 5 U.S.C. 552, as amended.
Sec. 296.1 Purpose.
The purpose of this part is to provide
policies and procedures for the National
Reconnaissance Office (NRO) implementation
of the Freedom of Information Act (5 U.S.C.
552 as amended) (FOIA), and to promote uniformity
in the NRO FOIA program.
Sec. 296.2 Definitions.
The terms used in this part, with the exception
of the following, are defined in 32 CFR
part 286:
(a) Freedom of Information
Act appellate authority. The Chief of Staff,
NRO.
(b) Initial denial
authority. The Chief, Information Access
& Release Center NRO.
Sec. 296.3 Indexes.
(a) The NRO does
not originate final orders, opinions, statements
of policy, interpretations, staff manuals
or instructions that affect a member of
the public of the type covered by the indexing
requirement of 5 U.S.C. 552(a)(2). The Director,
NRO, has therefore determined, pursuant
to pertinent statutory and executive order
requirements, that it is unnecessary and
impracticable to publish an index of the
type required by 5 U.S.C. 552(a)(2), except
the index noted in paragraph (b) of this
section.
(b) A general index
of FOIA-processed (a)(2) records shall be
made available to the public, both in hard
copy and electronically by December 31,
1999.
Sec. 296.4 Procedures for request of records.
(a) Requests. Requests
for access to records of the National Reconnaissance
Office may be filed by mail or FAX addressed
to the Chief, Information Access and Release
Center, National Reconnaissance Office,
14675 Lee Road, Chantilly, VA 20151-1715,
FAX Number (703) 808- 5082. Requests need
not be made on any special form but must
be by letter or FAX or other written statement
identifying the request as a Freedom of
Information Act request and setting forth
sufficient information reasonably describing
the requested record. All requests should
contain a willingness to pay assessable
FOIA fees.
(b) Date of acceptance.
The requestor shall be promptly informed
by letter of the date of acceptance of the
request. The search conducted pursuant to
that request shall be for records in existence
as of and through the acceptance date.
(c) Determination
and notification. When the requested record
has been located and identified, the Initial
Denial Authority shall determine whether
the record is one which, consistent with
statutory requirements, executive orders
and appropriate directives, may be released
or may contain information that is exempt
under the provisions of 5 U.S.C. 552. Normally,
the Initial Denial Authority shall notify
the requestor of the determination within
20 working days of the receipt of the request.
(d) Multi-track
processing. The NRO has 3 queues in which
requests may be processed when a significant
number of pending requests prevents a response
within 20 working days, all based on the
date of receipt, first-in first-out, and
the amount of work, time, and volume involved
in processing the requests.
(See subparagraph C1.5.4.2. of DoD 5400.7-R
\1\, Sept 1998).The queues are:
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(1) Simple. Those
requests which are easily handled and processed.
(2) Complex. Those
requests which are complicated by multiple
searches, co-ordinations, consultations,
volume etc.
(3) Expedited. Expedited
processing shall be granted to a requestor
after the requestor asks for and demonstrates
a compelling need for the information (paragraph
C1.5.4.3. of DoD 5400.7-R)
(e) Extension of
response time. In unusual circumstances
when additional time is needed to respond,
the Initial Denial Authority shall notify
the requestor in writing of the reasons
therefore, and an anticipated date, not
to exceed 10 additional working days, on
which a determination is expected to be
dispatched. The Initial Denial Authority
will normally send this notification within
20 working days from receipt of the request.
Should it be determined that this 10 additional
working days cannot be met, the requestor
shall be notified and offered the opportunity
to limit or narrow the scope of the request
in order to facilitate faster processing,
or to arrange an alternative time for processing
the request (paragraph C1.5.2.6. of DoD
5400.7-R)
(f) Fees.
(1) General. As
a component of the Department of Defense,
the applicable published Department rules
and schedules with respect to the schedule
of fees chargeable and waiver of fees will
also be the policy of NRO. See 32 CFR 286.33.
(2) Advance payments.
(i) Where a total fee to be assessed is
estimated to exceed $250, advance payment
of the estimated fee will be required before
processing of the request, except where
assurances of full payment are received
from a requestor with a history of prompt
payment. Where a requestor has previously
failed to pay a fee within 30 calendar days
of the date of the billing, the requestor
will be required to pay the full amount
owed, plus any applicable interest, or demonstrate
that he or she has paid the fee, as well
as make an advance payment of the full amount
of any estimated fee before processing of
a new or pending request continues.
(ii) For all other
requests, advance payment, i.e., a payment
made before work is commenced, will not
be required. Payment for work already completed
is not an advance payment. Responses will
not be held pending receipt of fees from
requestors with a history of prompt payment.
Fees should be paid by certified check or
postal money order forwarded to the Chief,
Information Access and Release Center (IARC)
and made payable to the Treasurer of the
United States.
Sec. 296.5 Appeals.
Any person denied access to records, denied
a fee waiver, involved in a dispute regarding
fee estimates, or who considers a no record
determination, or any determination to be
adverse in nature, may, within 60 days after
notification of such denial, file an appeal
to the Freedom of Information Act Appellate
Authority, National Reconnaissance Office.
Such an appeal shall be in writing addressed
to the Chief, Information Access and Release
Center, National Reconnaissance Office,
14675 Lee Road, Chantilly, VA 20151-1715,
should reference the initial denial, and
shall contain the basis for disagreement
with the initial denial. The Freedom of
Information Act Appellate Authority shall
normally make a final determination on an
appeal within 20 working days after receipt
of the appeal.
Sec. 296.6 Reading room.
(a) The NRO shall
provide a reading room equipped with hard
copy and electronic records as required
in the ``Electronic Freedom of Information
Act Amendments of 1996''. The NRO Reading
Room is located at 14675 Lee Road, Chantilly
VA, 20151-1715 and is open weekdays only
from 8:00 am until
[[Page 71299]]
4:00 p.m. Requestors must call for an appointment
twenty-four (24) hours in advance so that
optimum customer service can be provided.
(703) 808-5029. Fees will be charged for
duplication of hard copy records at $.15
per page after the first 100 pages. Softcopy
media provided to visitors is assessed as
follows:
(1) 5.25'' Floppy
diskette $0.50
(2) 3.5'' Floppy diskette
$0.50
(3) CD-R Media $3.75
(4) Video Tape $4.00.
(b) The NRO FOIA
Electronic Reading Room is located on the
NRO Home Page: www.nro.odci.gov.
Dated: December 9, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 99-32306 Filed 12-20-99; 8:45 am]
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