INSTRUCTIONS

Purpose: This form is used to record costs associated with the processing of a Freedom of Information request.

1. Request Number-First two digits will express CY followed by dash (-) and Component's request number, i.e., 79-001.

*2. Type of Request-Check the appropriate block to indicate initial request or appeal of a denial.

*3. Date Completed-Enter year, month and day, i.e., 79/06/21.

*4. Clerical Hours-For each applicable activity category, enter time expended to the nearest 15 minutes in the total hours column. The activity categories are:

Search-Time spent in locating from the files the requested information.

Review/Excising-Time spent reviewing the document content and determining if the entire document must retain its classification or segments could be excised thereby permitting the remainder of the document to be declassified. In reviews for other than classification, FOI exemptions 2 through 9 should be considered.

Correspondence & Forms PreparationTime spent in preparing the necessary correspondence and forms to answer the request.

Other Activity-Time spent in activity other than above, such as, duplicating documents, hand carrying documents to other locations, restoring files, etc.

-Multiply the time in the total hours columns of each category by the hourly rate and enter the cost figures for each category. Only search cost may be charged to the requester. Further discussion of chargeable fees is found in Enclosure 6, DoD Directive 5400.7.

5. Professional Hours-For each applicable activity category, enter time expended to the nearest 15 minutes in the total hours column. The activity categories are:

Review/Excising, and Other Activity-See

explanation above.

Coordination/Approval/Denial-Time spent coordinating the staff action with interested offices or agencies and obtaining the approval for the release or denial of the requested information.

-Multiply the time in the total hours column of each category by the hourly rate and enter the cost figures for each category. Only search cost may be charged to the requester.

*6. Executive Hours-For each applicable activity category, enter the time expended to the nearest 15 minutes in the total hours column. The activity categories are:

Review/Excising and Coordination/Approval/Denial-See explanation above.

-Multiply the time in the total hours column in each category by the hourly rate and enter the cost figures for each category.

*7. Computer Search-Enter the time to the nearest 15 minutes in the total hours column.

-Multiply the total hours by the computer hourly rate and enter the cost figures. Computer search will be based on direct cost only of the Central Processing Unit, input/ output devices, and memory capacity of the actual computer configuration used. This amount is fully chargeable to the requester. *8. Office Copy Reproduction-Enter the number of pages reproduced.

-Multiply by the rate per copy and enter cost figures. The entire cost is chargeable to the requester.

*9. Microfiche Reproduction-Enter the number of microfiche copies reproduced.

-Multiply the rate per copy and enter cost figures. The entire cost is chargeable to the requester.

*10. Printed Records-Enter total pages in each category. The categories are:

Forms (Include any type of printed forms) Publications (Include any type of bound document, such as directives, regulations, studies, etc.)

Reports (Include any type of memorandum, staff action paper, etc.)

-Multiply the total number of pages in each category by the rate per page and enter cost figures. The entire cost of each category is chargeable to the requester.

11. For FOI Office Use Only

a. Search Fees Paid-Enter total search fees paid by the requester.

b. Copy Fees Paid-Enter the total of copy fees paid by the requester.

c. Total Paid-Add search fees paid and copy fees paid. Enter total in the total paid block.

*d. Date Paid-Enter year, month and day, i.e., 79/10/24, the fee payment was received.

e. Total Collectable Costs-Add the blocks in the cost column marked with an asterisk and enter total in the total collectable cost block. Only search, reproduction and printed records are chargeable to the requester.

f. Total Processing Costs-Add all blocks in the cost column and enter total in the total processing cost block. The total processing cost in most cases will exceed the total collectable cost.

g. Total Charged-Enter the total amount that the requester was charged, taking into account the fee waiver threshold and fee waiver policy.

*h. Fees Waived/Reduced-Indicate if the cost of processing the request was waived or reduced by placing an "X" in the "Y" block for Yes or an "X" in the "N" block for No.

NOTE: All items marked with an asterisk (*) have been registered in the DoD Data Element Standardization Program (DoD Manual 5000.12M). Items 4, 5 and 6 were

registered under data element "Type of FOI Manpower Category". The entries Search, Review/Excising, Correspondence & Forms Preparation, Coordination/Approval/

Denial, and Other Activity have been registered under the data element "FOI Manpower Activity Category."

APPENDIX G-INSTRUCTIONS FOR TRIANNUAL FOI REPORT

1. General. a. To accomplish FOI cost reporting, each reporting activity must, first, determine whether sufficient repetitive requests are available to develop an average cost factor for these requests; second, establish which employees devote a sufficient percentage of their time to FOI duties to calculate their involvement in man-years; third, accumulate data on time (manhours) and costs involved in each case processed; and fourth, keep track of operating costs of the FOI Program. DD Form 2086 (Appendix F) should be used to accumulate case data.

b. Only those requests processed under the FOI Act shall be costed and reported. The provision to the public of unclassified information, documents, and forms as part of normal service, in accordance with previously established criteria of the Privacy Act, is excluded from this reporting requirement.

2. Section A. Some reporting activities will find it economical to develop an average cost factor for processing repetitive routine requests rather than tracking costs on each request as it is processed. This section provides for that economy, but care must be exercised that costs are comprehensive, to include overhead, yet not duplicated elsewhere in the report.

3. Section B. a. Personnel costs are reported in two ways. Section B. (1) uses a manyear/wage type of costing by grade that relieves individuals primarily those involved in planning, program management, or administrative handling from accounting for their time by manhours.

b. Use of one-third the annual wage and dividing man-years by three is required in this triannual report. Delete the computation.

c. Section B.(2) accounts for all other personnel involvement by manhours in particular activities associated in request processing as captured on DD Form 2086 (Appendix F). At the end of the reporting period, determine the total hourly data for each activity from all forms for the 4-month period and add totals into the five areas. It is suggested that hours and fractions thereof be added rather than dollar amounts. The use of standard fee schedule rates for each activity simplifies mathematical calculations and also allows these data to be compared to amounts collected. Executive manhours I will likely be restricted to (2)(b) and (c) of Section B. (2).

d. Section B.(3) applies overhead to the direct man-year/manhour cost previously totaled above. The overhead rate includes the costs of supervision, space, and administrative support. Some reporting activities may have their own overhead rate (or will choose to develop one) based on cost experience. In the event that no such rate is available, an overhead rate of 25 percent may be used to produce an estimate of overhead costs. Include the rate used in the report.

4. Section C. Add the dollar amounts for each type of cost as recorded on DD Form 2086 (Appendix F) for the period and enter the total for each of these costs.

5. Section D. Use of this section recognizes reporting costs as part of total costs. It also provides for those other costs that are easily identifiable by each reporting activity. This section allows each DoD component, as well as other levels of command, to amplify reporting requirements for subordinate levels. Use can vary, but items such as per diem, operation of courier vehicles, training courses, printing (indexes and forms), and use of indicia apply.

6. Section E. The summary data provide a total best estimate cost figure for administering the FOI Program during the reporting period, a recap of fees collected, and the workload that generated these costs and collections.

applicability and future effect, which is designed to implement, interpret, or prescribe law or policy or which describes the organization, procedure, or practice of the Army. See 5 U.S.C. 551(4).

(b) FEDERAL REGISTER. A document published daily, Monday through Friday (except holidays), by the Office of the Federal Register, National Archives and Records Service, General Service Administration (GSA) to inform the public about the regulations of the executive branch and independent administrative agencies of the U.S. Government. The FEDERAL REGISTER includes Presidential proclamations, Executive orders, Federal agency documents having general applicability and legal effect or affecting the public, and documents required to be published by Act of Congress.

(c) Code of Federal Regulations. A document published by GSA which contains a codification of the general and permanent rules published in the FEDERAL REGISTER by the executive departments and executive agencies of the Federal Government. It consists of 120 volumes, divided into 50 titles. Each title represents a broad area that is subject to Federal regulation. Army documents are published in Title 32, National Defense, and in Title 33, Navigation and Navigable Waters. (The FEDERAL REGISTER and the Code of Federal Regulations must be used together to determine the latest version of any given rule.)

§ 519.53 Responsibilities.

(a) The Adjutant General (TAG) is responsible for policies concerning Army rules, and proposed rules published in the FEDERAL REGISTER, and for ensuring Army compliance with this regulation. TAG will assist the officials listed in Table 1 in the performance of their responsibilities. TAG will represent the Army in submitting to the Office of the Federal Register any matter published in accordance with this regulation.

(b) The officials listed in Table 1 (hereinafter referred to as proponents) are responsible for determining whether any rule originated in their areas of jurisdiction falls within the

§ 519.54 Designation of Rulemaking Coordinators.

The officials listed in Table 1 will designate Rulemaking Coordinators to perform the duties listed in paragraphs (a) through (d) of this section for their areas of functional responsibility. At the time of designation, the Adjutant General (DAAG-AMR-R) will be informed of the name and telephone number of the designated individual. The designee will perform the following duties:

(a) Editorial review of all rules, notices, and highlight statements required to be published in the FEDERAL REGISTER.

(b) Transmitting material to TAG and providing TAG with the name, office symbol, and telephone number of the action officer for each rule or general notice for inclusion in the FEDERAL REGISTER.

(c) Coordinating with Publication Control Officers to ensure submission of Statements of Compliance required by § 519.55.

(d) Notifying HQDA (DAAG-AMRR), WASH DC 20314, when a regula

tion published in the FEDERAL REGISTER becomes obsolete or is superseded by another regulation.

§ 519.55 Statement of compliance.

In order to ensure compliance with the regulation, no rule will be issued unless there is on file with The Adjutant General (DAAG-AMR-R) a statement to the effect that it has been evaluated in terms of this regulation. If the proponent determines that the provisions of this regulation are inapplicable, such determination shall be explained in the statement.

§ 519.56 Submission of publications for printing.

When Army-wide publications or directives are transmitted to The Adjutant General (DAAG-PAP) for publication, the DA Form 260 (Request for Printing of Publication) or other transmittal paper will contain a statement that the directive has been processed for publication in the FEDERAL REGISTER or that it falls within the exempted category. DAAG-PAP will not publish any rule unless this statement is on DA Form 260. A copy of DA Form 260 may be submitted to DAAGAMR-R in lieu of the statement required by § 519.55.

§ 519.57 Incorporation by reference.

(a) With the approval of the Director of the Federal Register, the requirements for publication in the FEDERAL REGISTER may be satisfied by reference in it to other publications, provided they are reasonably available to the class of persons affected and contain the information which must otherwise be published. For example, it can be purchased from the Superintendent of Documents, Government Printing Office or GPO bookstores at a reasonable cost, or is available for review at Army installations, or depository libraries. Therefore, before a document can be incorporated by reference, the proponent must determine that it is available to the public. See 5 U.S.C. 552(a)(1); 1 CFR Part 51; 37 FR 23614 (4 Nov 1972).

(b) Incorporation by reference is not acceptable as a complete substitute for promulgating in full the material re