32 CFR 518.23 - Annual report content.

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§ 518.23 Annual report content.
The current edition of DD Form 2564 shall be used to submit Activity input. Instructions for completion follows:
(a) ITEM 1 Initial Request Determinations. Please note that initial PA requests, which are also processed as initial FOIA requests, are reported here.
(1) Total requests processed. Enter the total number of initial FOIA requests responded to (completed) during the fiscal year. This should include pending cases at the end of the prior fiscal year, Total Actions is the sum of Items 1b through 1e, on the DD Form 2564. This total may exceed Total Requests Processed.
(2) Granted in full. Enter the total number of initial FOIA requests responded to that were granted in full during the fiscal 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 initial FOIA requests responded to and denied in part based on one or more of the FOIA exemptions. (Do not report “Other Reason Responses” as a partial denial here, unless a FOIA exemption is also used).
(4) Denied in full. Enter the total number of initial FOIA requests responded to and denied in full based on one or more of the FOIA exemptions. (Do not report “Other Reason Responses” as denials here, unless a FOIA exemption is also used).
(5) “Other Reason” responses. Enter the total number of initial FOIA requests in which you were unable to provide all or part of the requested information based on an “Other Reason” response.
(6) Total actions. Enter the total number of FOIA actions taken during the fiscal year. This number will be the sum of items 1b, through 1e. Total Actions must be equal to or greater than the number of Total Requests Processed.
(b) ITEM 2 Initial Request Exemptions and Other Reasons—
(1) Exemptions invoked on initial request 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 (3) and (4), above. The (b)(7) exemption is reported by subcategories (A) through (F): (A) Interfere with Enforcement; (B) Fair Trial Right; (C) Invasion of Privacy; (D) Protect Confidential Source; (E) Disclose Techniques, and (F) Endanger Life or Safety.
(2) “Other Reasons” cited on initial determinations. Identify the “Other Reason” response cited when responding to a FOIA request and enter the number of times each was claimed.
(i) No records. Enter the number of times a reasonable search of files failed to identify records responsive to subject request.
(ii) Referrals. Enter the number of times a request was referred to another DoD Component or Federal Agency for action.
(iii) Request withdrawn. Enter the number of times a request and/or appeal was withdrawn by a requester.
(iv) Fee-related reason. Requester is unwilling to pay the fees associated with a request; the requester is past due in the payment of fees from a previous FOIA request; or the requester disagrees with a fee estimate.
(v) Records not reasonably described. Enter the number of times a FOIA request could not be acted upon since the record had not been described with sufficient particularity to enable the Army Activity to locate it by conducting a reasonable search.
(vi) Not a proper FOIA request for some other reason. Enter the number of times the requester has failed unreasonably to comply with procedural requirements, other than fee-related imposed by this part or an Army Activity's supplementing regulation.
(vii) Not an agency record. Enter the number of times a requester was provided a response indicating the requested information was not a record within the meaning of the FOIA and this part.
(viii) Duplicate request. Record number of duplicate requests closed for that reason (e.g., request for the same information by the same requester). This includes identical requests received via different means (e.g., electronic mail, facsimile, mail, and courier) at the same or different times.
(ix) Other (specify). Any other reason a requester does not comply with published rules, other than those reasons outlined in paragraphs (b)(2)(i) through (viii) of this section.
(x) Total. Enter the sum of paragraphs (b)(2)(i) through (ix) of this section, in the block provided on the form (total other reasons). This number will be equal to or greater than the number in item 1e on the report form, since more than one reason may be claimed for each “Other Reason” response.
(3) (b)(3) Statutes invoked on initial determinations. Identify the number of times you have used a specific statute to support each (b)(3) exemption. List the statutes used to support each (b)(3) exemption; the number of instances in which the statute was cited; note whether or not the statute has been upheld in a court hearing; and provide a concise description of the material withheld in each individual case by the statute's use. Ensure you cite the specific sections of the acts invoked. The total number of instances reported will be equal to or greater than the total number of (b)(3) exemptions listed in Item 2a on the report form.
(c) ITEM 3 Appeal Determinations. Please note that PA appeals, which are also processed as FOIA appeals, are reported here.
(1) Total appeal responses. Enter the total number of FOIA appeals responded to (completed) during the fiscal 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 FOIA exemptions. (Do not report “Other Reason Responses” as a partial denial here, unless a FOIA exemption is used also.)
(4) Denied in full. Enter the total number of FOIA appeals responded to and denied in full based on one or more of the FOIA exemptions. (Do not report “Other Reason Responses” as denials here, unless a FOIA exemption is used also).
(5) “Other Reason” responses. Enter the total number of FOIA appeals in which you were unable to provide the requested information based on an “Other Reason” response.
(6) Total actions. Enter the total number of FOIA appeal actions taken during the fiscal year. This number will be the sum of items 3b, through 3e, and should be equal to or greater than the number of Total Appeal Responses, item 3a on the report form.
(d) ITEM 4 Appeal Exemptions and Other Reasons-(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 items 3c, and 3d on the report form. Note that the (b)(7) exemption is reported by subcategory (A) through (F): (A) Interfere with Enforcement; (B) Fair Trial Right; (C) Invasion of Privacy; (D) Protect Confidential Source; (E) Disclose Techniques, and (F) Endanger Life or Safety.
(2) “Other Reasons” cited on appeal determinations. Identify the “Other Reason” response cited when responding to a FOIA appeal and enter the number of times each was claimed. This number may be equal to or possibly greater than the number in item 3e on the report form, since more than one reason may be claimed for each “Other Reason” response.
(3) (b)(3) Statutes invoked on appeal determinations. Identify the number of times a specific statute has been used to support each (b)(3) exemption identified in item 4a on the report form DD 2564. List the statutes used to support each (b)(3) exemption; the number of instances in which the statute was cited; note whether or not the statute has been upheld in a court hearing; and provide a concise description of the material withheld in each individual case by the statute's use. Ensure citation to the specific sections of the statute invoked. The total number of instances reported will be equal to or greater than the total number of (b)(3) exemptions listed in Item 4a on the report form.
(e) ITEM 5 Number and Median Age of Initial Cases Pending:
(1) Total initial cases pending:
(i) Beginning and ending report period: Midnight, 2400 hours, September 30, of the Preceding Year—or—0001 hours, October 1, is the beginning of the report period. Midnight, 2400 hours, is the close of the reporting period.
(ii) The number for the beginning report period must be the same number reported as of the end of the report period from the previous report.
(2) Median age of initial requests pending: Report the median age in days (including holidays and weekends) of initial requests pending.
(3) Examples of median calculation.
(i) If given five cases aged 10, 25, 35, 65, and 100 days from date of receipt as of the previous September 30th, the total requests pending is five (5). The median age (days) of open requests is the middle, not average value, in this set of numbers (10, 25, 35, 65, and 100), 35 (the middle value in the set).
(ii) If given six pending cases, aged 10, 20, 30, 50, 120, and 200 days from date of receipt, as of the previous September 30th, the total requests pending is six (6). The median age (days) of open requests 40 days (the mean [average] of the two middle numbers in the set, in this case the average of middle values 30 and 50).
(4) Accuracy of calculations. Activities must ensure the accuracy of calculations. As backup, the raw data used to perform calculations should be recorded and preserved. This will enable recalculation of median [and mean values] as necessary. Activities may require subordinate elements to forward raw data, as deemed necessary and appropriate.
(5) Average. If an Activity believes that “average” (mean) processing time is a better measure of performance, then report “averages” (means) as well as median values (e.g., with data reflected and plainly labeled on plain bond as an attachment to the report). However, “average” (mean) values will not be included in the consolidated Army report unless all Activities report it.
(f) ITEM 6 Number of Initial Requests Received During the Fiscal Year. Enter the total number of initial FOIA requests received during the reporting period (fiscal year being reported).
(g) ITEM 7 Types of Requests Processed and Median Age. Information is reported for three types of initial requests completed during the reporting period: Simple; Complex; and Expedited Processing. The following items of information are reported for these requests:
(1) Total number of initial requests. Enter the total number of initial requests processed [completed] during the reporting period (fiscal year) by type (Simple, Complex and Expedited Processing) in the appropriate row on the form.
(2) Median age (days). Enter the median number of days [calendar days including holidays and weekends] required to process each type of case (Simple, Complex and Expedited Processing) during the period in the appropriate row on the form.
(3) Example. Given seven initial requests, multitrack—simple completed during the fiscal year, aged 10, 25, 35, 65, 79, 90 and 400 days when completed. The total number of requests completed was seven (7). The median age (days) of completed requests is 65, the middle value in the set.
(h) ITEM 8 Fees Collected From the Public. Enter the total amount of fees collected from the public during the fiscal year. This includes search, review and reproduction costs only.
(i) ITEM 9 FOIA Program Costs-(1) Number of full time staff. Enter the number of personnel your agency had dedicated to working FOIA full time during the fiscal year. This will be expressed in work-years [man-years]. For example: “5.1, 3.2, 1.0, 6.5, et al.”
Table 7-1—Sample Computation of Work Years for Full Time Staff
Employee Number of months worked Work-years Note
Smith, Jane 6 .50 Hired full time at middle of fiscal year
Public, John Q. 4 .34 Dedicated to full time FOIA processing last quarter of the fiscal year
Brown, Tom 12 1.00 Worked FOIA full time all fiscal year
Totals 22 1.84
(2) Number of part time staff. Enter the number of personnel your agency had dedicated to working FOIA part time during the fiscal year. This will be expressed in work-years [man-years]. For example: “5.1, 3.2, 1.0, 6.5, et al.”
Table 7-2—Computation of Work Years for Part Time Staff
Employee Number of months worked Work-years Note
Public, John Q. 200 .1 Amount of time devoted to part time FOIA processing before becoming full time FOIA processor in previous example
White, Sally 400 .2 Processed FOIAs part time while working as paralegal in General Counsel's Office
Peters, Ron 1,000 .5 Part time employee dedicated to FOIA processing
Totals 1,600/2,000 (hours worked in a year) equals 0.8 work-years
(3) Estimated litigation cost. Report your best estimate of litigation costs for the FY. Include all direct and indirect expenses associated with FOIA litigation in U.S. District Courts, U.S. Circuit Courts of Appeals, and the U.S. Supreme Court.
(4) Total program cost. Report the total cost of FOIA program operation within your agency. Include your litigation costs in this total. While you do not have to report detailed cost information as in the past, you should be able to explain the techniques by which you derived you agency's total cost figures if the need arises.
(i) Before the close of each fiscal year, the DoD OFOISR will dispatch the latest OSD Composite Rate Chart for military personnel to DoD Components. This information may be used in computing military personnel costs.
(ii) Army Activities should compute their civilian personnel costs using rates from local Office of Personnel Management (OPM) Salary Tables and shall add 16% for benefits.
(iii) Data captured on DD Form 2086, and DD Form 2086-1, shall be summarized and used in computing total costs.
(iv) An overhead rate of 25% shall be added to all calculated costs for supervision, space, and administrative support.
(j) ITEM 10 Authentication. The official that approves the agency's report submission to DA will sign and date; enter typed name and duty title; and provide both the agency's name and phone number for questions about the report. The consolidated Annual FOIA Report will be made available to the public in electronic format by DoD.

Title 32 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 10 - ARMED FORCES
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 35 - PATENTS
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS
Presidential Documents

Executive Order ... 12600