ALCOAST  007/09
COMDTNOTE 5720
SUBJ:  COMMAND SUPPORT FOR COMPLIANCE WITH PROVISIONS OF THE OPEN
GOVERNMENT ACT (OGA) AMENDMENTS TO THE FREEDOM OF INFORMATION ACT
(FOIA)
A.  COMDT COGARD WASHINGTON DC 231414Z DEC 08/ALCOAST 617/08
B.  FREEDOM OF INFORMATION AND PRIVACY ACTS MANUAL, COMDTINST
M5260.3 (SERIES)
1. THE OGA SIGNIFICANTLY AMENDS THE FOIA AND ITS PROVISIONS BECAME
EFFECTIVE ON 01 JAN 09.  COMMAND AWARENESS AND SUPPORT IS
ESSENTIAL.
2.  REFERENCE A DISCUSSED HOW THE OGA LIMITS AGENCIES ABILITY TO
TOLL THE COUNTDOWN OF THE 20 WORKING-DAY PERIOD FOR RESPONDING TO
FOIA REQUESTS AND WHY AGENCIES CAN NO LONGER ASSESS SEARCH FEES
UNDER MOST CIRCUMSTANCES IF THEY FAIL TO RESPOND TO A FOIA REQUEST
WITHIN THE STATUTORY 20 WORKING-DAY TIMEFRAME.  NON-COMPLIANCE WITH
THE PROVISIONS OF THE OGA MAY IMPOSE FINANCIAL AND MANPOWER
CONSEQUENCES FOR UNITS.
3.  ON 30 DEC 08 THE FOIA OFFICER SENT AN E-MAIL NOTIFICATION TO
UNIT PROCESSORS DETAILING THE NEW DAILY AND MONTHLY REPORTING
REGIME MANDATED BY THE OGA.  THIS REGIME COLLECTS COMPLIANCE DATA
FOR REVIEW BY CG-6 AND DHS AND CREATES A CG-WIDE CENTRALIZED
TRACKING SYSTEM FOR FOIA REQUESTS.
4. COMMANDING OFFICERS SHALL ENSURE STRICT COMPLIANCE WITH THE
PROVISIONS OF REFERENCE A, REFERENCE B,  AND THE AFOREMENTIONED
REPORTING REQUIREMENTS DISCUSSED IN PARAGRAPH 3.
5.  RELEASED BY RDML D.T. GLENN, ASSISTANT COMMANDANT FOR COMMAND,
CONTROL, COMMUNICATIONS, COMPUTERS, AND INFORMATION TECHNOLOGY.
6.  INTERNET RELEASE AUTHORIZED.