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270 Part 1285—Defense Logistics Agency Freedom

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270 Part 1285—Defense Logistics Agency Freedom Pt. 1285 32 CFR Ch. XII (7–1–11 Edition) 1280 or involving an incident which been filed and has been referred to a may give rise to a claim covered by Military Service, a copy of the process this part 1280, together with other im- and pleadings and any information not mediately available data concerning previously furnished will be sent to the the commencement of legal pro- appropriate Military Service Judge Ad- ceedings, will be promptly referred to vocate General. Counsel for the activity involved, or, if the activity has no Counsel, to the PART 1285—DEFENSE LOGISTICS next higher echelon having such a posi- tion. AGENCY FREEDOM OF INFOR- (2) Any Military Service member or MATION ACT PROGRAM civilian employee of DLA (or his per- sonal representative) against whom a Sec. domestic civil action or proceeding is 1285.1 Purpose and scope. brought for damage to property, or for 1285.2 Policy. personal injury or death, on account of 1285.3 Definitions. his operation of a motor vehicle 1285.4 Responsibilities. (Government- or privately-owned) in 1285.5 Procedures. the scope of his employment (28 U.S.C. 1285.6 Fees and fee waivers. 2679) will: 1285.7 Reports. (i) Upon receipt of process and plead- APPENDIX A TO PART 1285—GAINING ACCESS ings or any other information regard- TO DLA RECORDS ing the commencement of such action AUTHORITY: 5 U.S.C. 552. or proceeding, immediately inform the SOURCE: 56 FR 65423, Dec. 17, 1991, unless Head of his activity and Counsel as otherwise noted. specified in paragraph (f)(1) of this sec- tion. § 1285.1 Purpose and scope. (ii) Promptly deliver all process and pleadings served upon him, or an at- This rule provides policies and proce- tested true copy thereof, to Counsel. dures for the DLA implementation of (3) Upon receipt of information or DoD 5400.7–R, 1 DoD Freedom of Infor- process and pleadings pursuant to para- mation Act Program. It applies to HQ graph (f)(1) or (2) of this section, Coun- DLA and all DLA field activities and sel will promptly prepare and process takes precedence over all DLA regula- reports in accordance with the appro- tions that supplement the FOIA pro- priate portions of AR 27–40 except that: gram. A list of mailing addresses for (i) If the incident giving rise to the DLA activities is provided at appendix litigation was occasioned by an act or A to this part. omission of a member of the Navy or Marine Corps, or a member of the Air § 1285.2 Policy. Force, information and reports re- (a) General. The public has a right to quired to be furnished to The Judge information concerning the activities Advocate General of the Army will be of its Government. DLA policy is to furnished instead to The Judge Advo- conduct its activities in an open man- cate General of the Navy and Air Force ner and provide the public with a max- respectively. imum amount of accurate and timely (ii) If the litigation is under the Fed- information concerning its activities, eral Tort Claims Act and no adminis- consistent always with the legitimate trative claim has been filed, Counsel public and private interests of the will immediately advise the U.S. At- American people. A DLA record re- torney and furnish him a report of all quested by a member of the public who information the activity has with re- follows rules established herein shall spect to the claim and an affidavit by be withheld only when it is exempt the Claims Investigating Officer to the from mandatory public disclosure effect that no administrative claim has been filed. Two copies of the foregoing 1 Copies may be obtained, at cost, from the will be provided to the appropriate National Technical Information Service Military Service Judge Advocate Gen- (NTIS), 5285 Port Royal Road, Springfield, eral. If an administrative claim has VA 22161–2171. 270 VerDate Mar<15>2010 10:28 Aug 17, 2011 Jkt 223129 PO 00000 Frm 00280 Fmt 8010 Sfmt 8010 Q:\32\32V6.TXT ofr150 PsN: PC150 Defense Logistics Agency § 1285.2 under the FOIA. In order that the pub- (e) Avoidance of procedural obstacles. lic may have timely information con- DLA activities shall ensure that proce- cerning DLA activities, records re- dural matters do not unnecessarily im- quested through public information pede a requester from obtaining DLA channels by news media representa- records promptly. DLA activities shall tives that would not be withheld if re- provide assistance to requesters to help quested under the FOIA should be re- them understand and comply with pro- leased upon request. Prompt responses cedures established by this rule and to requests for information from news any rules published by the DLA media representatives should be en- PLFA’s. couraged to eliminate the need for (f) Prompt action on requests. When a these requesters to invoke the provi- member of the public complies with sions of the FOIA and thereby assist in the procedures established in this rule providing timely information to the for obtaining DLA records, the request public. Similarly, requests from other shall receive prompt attention; a reply members of the public for information shall be dispatched within 10 working should continue to be honored through days unless a delay is authorized. When appropriate means even though the re- a DLA activity has a significant num- quest does not qualify under FOIA re- ber of requests, e.g., 10 or more, the re- quirements. quests shall be processed in order of re- (b) Control system. A request for ceipt. However, this does not preclude records that invokes the FOIA shall an activity from completing action on a request which can be easily answered, enter a formal control system designed regardless of its ranking within the to ensure compliance with the FOIA. A order of receipt. A DLA activity may release determination must be made expedite action on a request regardless and the requester informed within the of its ranking within the order of re- time limits specified in this rule. Any ceipt upon a showing of exceptional request for DLA records that either ex- need or urgency. Exceptional need or plicitly or implicitly cites the FOIA urgency is determined at the discretion shall be processed under the provisions of the activity processing the request. of this rule, unless otherwise required (g) Public domain. Nonexempt records by paragraph (m) of this section. released under the authority of this (c) Compliance with the FOIA. DLA rule are considered to be in the public personnel are expected to comply with domain. Such records may also be the FOIA and this rule in both letter made available in reading rooms to fa- and spirit. This strict adherence is nec- cilitate public access. Exempt records essary to provide uniformity in the im- released pursuant to this rule or other plementation of the DLA FOIA pro- statutory or regulatory authority, gram and to create conditions that will however, may be considered to be in promote public trust. To promote a the public domain only when their re- positive attitude among DLA per- lease constitutes a waiver of the FOIA sonnel, each DLA Primary Level Field exemption. When the release does not Activity (PLFA) will establish edu- constitute such a waiver, such as when cation and training programs described disclosure is made to a properly con- in part 286, subpart H, of this title. stituted advisory committee or to a Training materials, including supple- Congressional committee, the released ments, will be coordinated with DLA- records do not lose their exempt sta- XAM prior to publication or issuance. tus. Also, while authority may exist to (d) Openness with the public. DLA disclose records to individuals in their shall conduct its activities in an open official capacity, the provisions of this manner consistent with the need for se- rule apply if the same individual seeks curity and adherence to other require- the records in a private or personal ca- ments of law and regulation. Records pacity. not exempt from disclosure under the (h) Creating a record. (1) There is no Act shall, upon request, be made read- obligation to create nor compile a ily accessible to the public in accord- record to satisfy an FOIA request. A ance with rules promulgated herein, DLA activity, however, may compile a whether or not the Act is invoked. new record when doing so would result 271 VerDate Mar<15>2010 10:28 Aug 17, 2011 Jkt 223129 PO 00000 Frm 00281 Fmt 8010 Sfmt 8010 Q:\32\32V6.TXT ofr150 PsN: PC150 § 1285.2 32 CFR Ch. XII (7–1–11 Edition) in a more useful response to the re- mation about a record may be divided quester or be less burdensome to the into two broad categories. activity provided the requester does (i) Category I is file-related and in- not object. The cost of creating or com- cludes information such as type of piling such a record may not be record (for example, memorandum), charged to the requester unless the fee title, index citation, subject area, date for creating the record is equal to or the record was created, and originator. less than the fee which would be (ii) Category II is event-related and charged for providing the existing includes the circumstances that re- record. Fee assessments shall be in ac- sulted in the record being created or cordance with § 1285.6 of this part and the date and circumstances sur- part 286, subpart F, of this title. rounding the event the record covers.
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