WASHINGTON, DC

DEPARTMENT OF THE AIR FORCE

WASHINGTON, DC

DoD5400.7-R_AFMAN33-302_AFGM2017-01 15 MARCH 2017

MEMORANDUM FOR DISTRIBUTION C MAJCOMs/FOAs/DRUs

FROM: SAF/CIO A6 1800 Air Force Pentagon Washington, DC 20330-1800

SUBJECT: Air Force Guidance Memorandum to DoD5400.7-R_AFMAN33-302, FREEDOM OF INFORMATION ACT (FOIA)

By Order of the Secretary of the Air Force, this Air Force Guidance Memorandum immediately changes DoD5400.7-R_AFMAN33-302, Freedom of Information Act Program, 21 Oct 2010 (Incorporating Through Change 3, 16 May 2016). Compliance with this Memorandum is mandatory. To the extent its directions are inconsistent with other Air Force publications, the information herein prevails, in accordance with (IAW) AFI 33-360, Publications and Forms Management.

DoD 5400.7-R, Freedom of Information Act Program, is immediately superseded by DoDM 5400.07, Freedom of Information Act Program, and 32 Code of Federal Regulations (CFR) 286. The language in the current AFMAN 33-302 specific to the Air Force (I.e., "AF added paragraphs") should be continued to be used for guidance, in conjunction with DoD Manual 5400.07 and 32 CFR 286 until the AFMAN is fully revised. Changes for IC4 included.

This Memorandum becomes void after one year has elapsed from the date of this Memorandum, or upon publishing of a new publication permanently establishing this guidance DoD Manual 5400.07_AFMAN33-302, whichever is earlier.

WILLIAM J. BENDER, Lt Gen, USAF Chief of Information Dominance and Chief Information Officer

Attachment: DoD5400.7-R_AFMAN33-302, Freedom of Information Act Program (FOIA)

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DoD5400.7-R_AFMAN33-302_AFGM2017-01 15 March 2017

*(REPLACE) Supersedes: DoD 5400.7-R, Freedom of Information Act Program, is immediately superseded by DoDM 5400.07, Freedom of Information Act Program, and 32 Code of Federal Regulations (CFR) 286.

* (REPLACE) This Air Force Manual (AFMAN) implements DoD Regulation 5400.7-R, DoD Freedom of Information Act Program, and Air Force Policy Directive (AFPD) 33-3, Air Force Information Management. It applies to all Air Force active duty military, civilians, and contractors in the performance of their duties to an Air Force contract, the Air Force Reserve, Air National Guard, and Civil Air Patrol when performing functions for the Air Force, and in accordance with DoD Directive (DoDD) 5100.3, Support of the Headquarters of Combatant and Subordinate Unified Commands. In the case of a conflict, this AFMAN takes precedence over any Air Force publication that addresses disclosure of Air Force records to the public. Commands may not change the basic procedures in this AFMAN. Use of the term "MAJCOM" throughout this AFMAN includes MAJCOMs, FOAs, DRUs, and the Air Force Installation Mission Support Center (AFIMSC). This AFMAN requires the collection of information protected by the Privacy Act of 1974. The authority to collect this information is contained in the Air Force Privacy System of Records Notices F033 AF A, Information Request-Freedom of Information Act and Title 10, United States Code, Section 8013, and the Personnel Data System (PDS), also applies. Send recommended changes or comments to Compliance Division/Information Access Branch (SAF/CIO A6XA), 1800 Air Force Pentagon, Washington DC 20330-1800, through appropriate channels, using Air Force (AF) Form 847, Recommendation for Change of Publication. The authorities to waive wing/unit level requirements in this publication are identified with a Tier ("T-0, T-1, T-2, T-3") number following the compliance statement. See AFI 33-360, Publications and Forms Management, for a description of the authorities associated with the Tier numbers. Ensure that all records created as a result of processes prescribed in this publication are maintained in accordance with Air Force Manual (AFMAN) 33-363, Management of Records, and disposed of in accordance with the Air Force Records Disposition Schedule (RDS) located in the Air Force Records Information Management System (AFRIMS).

*(REPLACE) SUMMARY OF CHANGES DoD 5400.7-R, Freedom of Information Act Program, is immediately superseded by DoDM 5400.07, Freedom of Information Act Program, and 32 Code of Federal Regulations (CFR) 286. The language in the current AFMAN 33-302 specific to the Air Force (I.e., "AF added paragraphs") should be continued to be used for guidance, in conjunction with DoD Manual 5400.07 and 32 CFR 286 until the AFMAN is fully revised.

This interim change (IC) revises AFMAN 33-302 by (1) updating the guidance on appeal rights to include listing the Air Force Public Liaison Office and Office of Government Information Services on all responses, as well as obtaining legal reviews for all no record and full record responses, (2) adding guidance concerning the changes made by the FOIA Improvement Act of 2016, (3) updating the FOIA Managers roles and responsibilities to include providing requesters with an estimated completion date upon request, (4) providing clarification regarding the submission of documents for posting to the AF FOIA Library/Reading Room, (5) updating the guidance on the FOIA website requirement, (6) clarifying the process of the declassifying of

DoD5400.7-R_AFMAN33-302_AFGM2017-01 15 March 2017

3

classified records, (7) clarifying the Significant FOIA coordination process, (8) replacing the deadline to file an appeal from 60 days to 90s throughout the publication, and (9) adding tiers. A margin bar (|) indicates newly revised material.

*(ReplaceC1.5.4.6.4. (Added)(AF) Make frequently requested records [FOIA (a)(2)(D)] available to the public in the FOIA ERR via the internet. As required by AFIs 17-100, Air Force Information Technology (IT) Services Management, and AFI 35-101, Public Affairs Responsibilities and Management, and AFI 35-102 Security Policy and Review Process , OPRs request clearance of these records with the MAJCOM/PA before posting on the WWW, and coordinate with JA and FOIA office prior to posting. The FOIA Manager, in coordination with the functional OPR or the owner of the records, will determine qualifying records, after coordination with any interested OCRs.

*(Replace) C1.5.4.7.1.19. (Add)(AF) Inform requesters of their appeal rights and provide contact information for Air Force FOIA Public Liaison office and Office of Government Information Services on all responses, including "no records" responses, full or partial denial of records, clarify or limit the scope of the request, denial of requests for expedited processing or a fee waiver. The requester has ninety (90) days from the date of the final response letter to file an appeal. Requesters may appeal a decision in writing to the Secretary of the Air Force through the FOIA RSC that provided them with the final decision, or submit an appeal online at the Air Force Public Access Link: . The requester must be specific as to why they are submitting the appeal and provide any additional information. (See paragraphs C5.3.1, C5.3.1.2, and C5.3.3.1.). (T-0).

*C1.5.4.7.1.23. (Add)(AF) Provide the requester with an estimated completion date when specifically requested by the requester.

*(Delete) C2.1.1.2. (Add)(AF).

*(Replace) C2.1.2.4.3.1 (Add)(AF) The FOIA RSC will consider any requested record that has been previously partially or fully released as a frequently requested record (FOIA- processed (a)(2)(D) record) and make it publicly available electronically as outlined in paragraph C2.1.2. Posted records must be redacted in a manner where anyone in the world may have access to that record. Except for senior official (above the O-6 grade or civilian equivalent) investigative Inspector General reports that were substantiated against the senior official, FOIA records requested only by a first party requester for their own Privacy Act records will NOT be posted to the Library/e-Reading Room website. (T-0).

*(Replace) C2.1.2.4.3.2. (Add)(AF) MAJCOMs may choose to post an index of MAJCOM specific FOIA-processed (a)(2)(D) records to their appropriate web site. Just as with released records to an individual requester, posted records will indicate amount of complete pages withheld and applicable FOIA exemptions. Activities with such records should provide the public an index and explanation of the FOIA exemptions. All installation FOIA pages will include their FOIA RSC contact info (organizational mailing and email address, and phone number) and a link to the main AF FOIA page (). (T-0).

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DoD5400.7-R_AFMAN33-302_AFGM2017-01 15 March 2017

*C3.1.2. (Add)(AF) A "reasonable foreseeable harm" analysis must be conducted before any records can be withheld under FOIA exemptions (b)(2), (b)(5), or (b)(9), using common dictionary definitions for "reasonable" and "foreseeable." (T-0). The harm is a harm to a governmental interest that the particular FOIA exemptions was designed to protect against. If a reasonable foreseeable harm to the government cannot be articulated when contemplating the use of FOIA exemptions (b)(2), (b)(5) or (b)(9), the information cannot be withheld under the exemption. Note, pre-decisional, deliberative process privilege under FOIA exemption (b)(5) cannot be used for records 25 years or older.

*(Replace) C3.2.1.1.3. (Add)(AF) No FOIA classified release decision should be made without the FOIA package containing the recommendation/decision on declassification of the requested classified record completed by proper Air Force authority. Prior to forwarding to the FOIA IDA for a final release decision, declassification reviews of FOIA requested classified documents will follow the procedures in AFI 16-1404, Air Force Information Security Program and DoDM 5200.01, DoD Information Security Program, as well other applicable regulation. (T-0). Reviewers must conduct a line by line review of the document to determine whether information should remain classified. Further, AFI 16-1404, paragraph 3.5.3., states that if an Air Force organization that was responsible for classifying an historical document no longer exists, the organization that inherited the function of the originating organization will determine appropriate declassification action. If the functions of the originating organization were dispersed to more than one organization, it cannot be determined which organization should inherit the function, or the organizations ceased to exist, the Air Force Declassification Office works with the Senior Agency Official (SAF/AA) to determine the declassification action to be taken.

*(Replace) C5.2.1.6. (Add)(AF) All FOIA RSC/Managers will inform SAF/CIO A6XA immediately through MAJCOM upon receipt of any significant FOIA request(s) received by the FOIA RSC. Upon notification, SAF/CIO A6XA will determine whether HQ USAF and/or DoD/SAF-PA review is necessary prior to any release determination by the servicing IDA. If the package requires coordination, the FOIA RSCs must send a copy of the proposed final release letter, a copy of the releasable documents (redacted), and a copy of the request letter. Note, the case is not to be placed on hold at any time during the coordination process and FOIA Managers must not release the records until SAF/CIO A6XA informs that the case has been cleared for release. (T-1).

References *(Delete) AFI 33-129, Transmission of Information Via the Internet *(ADD) AFI 17-100, Air Force Information Technology (IT) Service Management (AFGM17100_AFGM 2016-01, 28 October 2016) (Formerly 33-115)

BY ORDER OF THE SECRETARY OF THE AIR FORCE

DOD5400.7-R_AFMAN33-302

21 October 2010 Incorporating Through Change 3, 16 May 2016

Communications and Information

FREEDOM OF INFORMATION ACT PROGRAM COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

ACCESSIBILITY: Publications and forms are available on the e-Publishing website at e-publishing.af.mil for downloading or ordering

RELEASABILITY: There are no releasability restrictions on this publication.

OPR: SAF/CIO A6XA

Supersedes: DOD5400.7-R_AFMAN33-302, 21 October 2010

Certified by: SAF/CIO A6X (Ms. Bao-Anh Trinh)

Pages: 135

This Air Force Manual (AFMAN) implements DoD Regulation 5400.7-R, DoD Freedom of Information Act Program, and Air Force Policy Directive (AFPD) 33-3, Air Force Information Management. It applies to the Air Force, Air Force Reserves, Air National Guard, and Civil Air Patrol. In the case of a conflict, this AFMAN takes precedence over any Air Force publication that addresses disclosure of Air Force records to the public. Commands may not change the basic procedures in this AFMAN. Use of the term "MAJCOM" throughout this AFMAN includes MAJCOMs, FOAs, DRUs, and the Air Force Installation Mission Support Center (AFIMSC). This AFMAN requires the collection of information protected by the Privacy Act of 1974. The authority to collect this information is contained in the Air Force Privacy System of Records Notices F033 AF A, Information Request-Freedom of Information Act and Title 10, United States Code, Section 8013, and the Personnel Data System (PDS), also applies. Additionally, if the publication generates a report(s), alerts readers in a statement and cites all applicable Reports Control Numbers (RCN) in accordance with AFI 33-324, the Air Force Information Collections and Reports Management Program. Send recommended changes or comments to Compliance Division (SAF/CIO A6XA), 1800 Air Force Pentagon, Washington DC 20330-1800, through appropriate channels, using Air Force (AF) Form 847, Recommendation for Change of Publication. Ensure that all records created as a result of processes prescribed in this publication are maintained in accordance with Air Force Manual (AFMAN) 33-363, Management of Records, and disposed of in accordance with the Air Force Records Disposition Schedule (RDS) located in the Air Force Records Information Management System (AFRIMS).

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