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reaus, offices or commands of the Navy Department.

authorship of any material for publication, by persons on either active or inactive service, provided that such material is published in accordance with existing regulations.

$$ 700.1145–700.1149 [Reserved)

$$700.1134-700.1142 [Reserved]

$ 700.1143 Return of Government prop

erty on release from active service. When a person is released from active service, he shall return all Government property in his possession to his commanding officer or other competent authority.

$ 700.1144 Issue or loan of public prop

erty. (a) Except as prescribed in this article, public property including supplies, shall not be issued, on loan or otherwise, to any state, organization, or private individual except by special authority of Congress.

(b) When so authorized by the senior officer present, a commanding officer may issue such supplies as can be spared to those in distress in the event of a public exigency or calamity, or to vessels in distress, and, when so authorized, he may issue rations and necessities to destitute seamen and airmen of the United States who are received on board. The supply officer making such an issue shall do so only pursuant to an order in writing, shall procure receipts when practicable for the supplies issued, and shall render accounts for such supplies in accordance with the instructions contained in the Naval Supply System Command Manual or the Marine Corps Supply Manual, as appropriate.

(c) Public property, except aircraft, may be loaned by the commandant of a naval district to a state located within the district and maintaining naval militia organizations, for use by a naval militia organization in that state, provided that 95 percent of the personnel of the last-mentioned organization are attached to or associated with a unit of the naval reserve, and provided that the naval militia organization conforms to the standards prescribed by the Secretary of the Navy for similar organizations of the Naval Reserve. A report of such loans shall be made by the commandant to the interested bu

$700.1150 Alcoholic liquors.

(a) Except as may be authorized by the Secretary of the Navy, the introduction, possession or use of alcoholic liquors for beverage purposes on board any ship, craft, aircraft, or in any vehicle of the Department of the Navy is prohibited. The transportation of alcoholic liquors for personal use ashore is authorized, subject to the discretion of the officer in command or officer in charge, or higher authority, when the liquors are delivered to the custody of the officer in command or officer in charge of the ship, craft, or aircraft in sealed packages, securely packed, properly marked and in compliance with customs laws and regulations, and stored in securely locked compartments, and the transportation can be performed without undue interference with the work or duties of the ship, craft, or aircraft. Whenever alcoholic liquor is brought on board any ship, craft, or aircraft for transportation for personal use ashore, the person who brings it on board shall at that time file with the officer in command or officer in charge of the ship, craft, or aircraft, a statement of the quantity and kind of alcoholic liquor brought on board by him, together with his certification that its importation will be in compliance with customs and internal revenue laws and regulations and applicable State or local laws at the place of debarkation.

(b) The introduction, possession, and use of alcoholic liquors for beverage purposes or for sale is authorized within naval activities and other places ashore under naval jurisdiction, to the extent and in such manner as the Secretary of the Navy may prescribe.

$ 700.1151 Responsibilities concerning

marijuana, narcotics, and other controlled substances.

(a) All personnel shall endeavor to prevent and eliminate the unauthorized use of marijuana, narcotics, and other controlled substances within the naval service.

$ 700.1202 Issuances concerning mat

ters over which control is exer

cised. Responsible officers and officials of the Department of the Navy may issue, or cause to be issued, orders, instructions, directives, manuals or similar publications concerning matters over which they exercise command, control, or supervision.

(b) Except for authorized medicinal purposes, the introduction, possession, use, sale, or other transfer of marijuana, narcotic substances or other controlled substances on board any ship, craft, or aircraft of the Department of the Navy or within any naval station or other place under the jurisdiction of the Department of the Navy, or the possession, use, sale, or other transfer of marijuana, narcotic substances or other controlled substances by persons in the naval service, is prohibited.

(c) The term controlled substance means: a drug or other substance included in Schedule I, II, III, IV, or V established by section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (84 Stat. 1236), as updated and republished under the provisions of that Act.

PART 701-AVAILABILITY OF DE

PARTMENT OF THE NAVY RECORDS AND PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC

Subpart A-Department of the Navy Freedom of Information Act Program

$$ 700.1152–700.1160 [Reserved]

$ 700.1161 Endorsement of commercial

product or process. Except as necessary during contract administration to determine specification or other compliance, no person in the Department of the Navy, in his official capacity, shall endorse or express an opinion of approval or disapproval of any commercial product or process.

Sec. 701.1 Purpose. 701.2 Applicability. 701.3 Definitions. 701.4 Policy. 701.5 Responsibility and authority. 701.6 Format and procedures for requesting

information under FOIA. 701.7 Procedures for processing FOLA re

quests. 701.8 Records requiring special handling. 701.9 For Official Use Only. 701.10 FOIA appeals/judicial actions. 701.11 Publication, indexing, and public in

spection of certain classes of records.

Subpart B-FOIA Exemption Guidelines

Subpart K-Purpose and Force of

Regulations within the Department of the Navy

701.21 General, 701.22 Exemption (b)(1). 701.23 Procedures for processing classified

documents. 701.24 Exemption (b)(2). 701.25 Exemption (b)(3). 701.26 Exemption (b)(4). 701.27 Exemption (b)(5). 701.28 Exemption (b)(6). 701.29 Exemption (b)(7). 701.30 Exemption (b)(8). 701.31 Exemption (b)(9).

$700.1201 Purpose and force of United

States Navy Regulations. United States Navy Regulations is the principal regulatory document of the Department of the Navy, endowed with the sanction of law, as to duty, responsibility, authority, distinctions, and relationships of various commands, officials, and individuals. Other regulations, instructions, orders, manuals, or similar publications, shall not be issued within the Department of the Navy which conflict with, alter or amend any provision of Navy Regulations.

Subpart C-Addresses for Department of

the Navy Records and Locations for

Public Inspection 701.31 Addresses for requests for Depart

ment of the Navy records. 701.32 Locations at which Department of

the Navy records are available for public inspection.

Subpart D-Fee Guidelines

Marine

701.119 Exemptions for specific

Corps records systems.

AUTHORITY: 5 U.S.C. 552.

701.40 FOIA fees. 701.41 Definitions. 701.42 Application. 701.43 Fee restrictions, 701.44 Fee waivers. 701.45 Fee assessment. 701.46 Aggregating requests.

EDITORIAL NOTE: For nomenclature changes for this part see 59 FR 29721, June 9, 1994.

701.47 Effect of the Debt Collection Act of Subpart A-Department of the

Navy Freedom of Information
Act Program

1982 (Pub. L. 97-365). 701.48 Computation of fees. 701.49 Collection of fees. 701.50 Search time costs. 701.51 FOIA fee remittance/receipt controls. 701.52 Technical data fees. 701.53 Other technical data records.

SOURCE: 56 FR 66574, Dec. 24, 1991, unless otherwise noted.

Subpart E-Indexing, Public Inspection,

and Federal Register Publication of Department of the Navy Directives and Other Documents Affecting the Public.

701.61 Purpose. 701.62 Scope and applicability. 701.63 Policy. 701.64 Publication of adopted regulatory

documents for the guidance of the public. 701.65 Availability, public inspection, and

indexing of other documents affecting

the public. 701.66 Publication of proposed regulations

for public comment. 701.67 Petitions for issuance, revision, or

cancellation of regulations affecting the public.

$701.1 Purpose.

Subparts A, B, C, and D of this part implement the Freedom of Information Act (5 U.S.C. 552), and the Department of Defense Directives 5400.7 and 5400.7-R series?, Department of Defense Freedom of Information Act Program, (See 32 CFR part 286) and promote uniformity in the Department of the Navy Freedom of Information Act (FOIA) Program. It is written to provide guidance to members of the public on how and where to submit FOIA requests and appeals within the Department of the Navy.

Subpart F-Department of the Navy

Privacy Act Program

701.100 Purpose. 701.101 Applicability. 701.102 Definitions. 701.103 Policy. 701.104 Responsibility and authority. 701.105 Systems of records. 701.106 Safeguarding records in systems of

records. 701.107 Criteria for creating, altering,

amending, and deleting Privacy Act sys

tems of records. 701.108 Collecting information about indi

viduals. 701.109 Access to records. 701.110 Amendment of records. 701.111 Privacy Act appeals. 701.112 Disclosure of records. 701.113 Exemptions. 701.114 Enforcement actions. 701.115 Computer matching program.

$701.2 Applicability,

Subparts A, B, C, and D of this part apply throughout the Department of the Navy. It governs disclosure of agency records to "any person,” which means that any individual, to include foreign citizens, partnerships, corporations, associations and foreign, state, or local governments, may use the FOIA to obtain information. The exception to that policy is that it does not apply to Federal agencies or to fugitives from justice.

(a) Requests from state or local government officials. Requests from state or local government officials for naval records are treated the same as any other requester.

(b) Requests from foreign governments. Requests from foreign governments for naval records are treated the same as any other requester. However, requests from foreign governments that do not invoke the FOIA shall be referred to appropriate foreign disclosure channels and the requester so notified.

Subpart G-Privacy Act Exemptions

1 Copies may be obtained if needed, from 701.116 Purpose.

the U.S. Naval Publications and Forms Сen701.117 Exemption for classified records.

ter, Attn: Code 1053, 5801 Tabor Avenue, 701.118 Exemptions for specific Navy record Philadelphia, PA 19120. systems.

(c) Privileged release to U.S. Government officials. Naval records may be authenticated and released to U.S. Government officials if they are requesting them on behalf of Federal governmental bodies, whether legislative, executive, administrative, or judicial. For example:

(1) To a committee or subcommittee of Congress, or to either House sitting as a whole.

(NOTE: Requests from Members of Congress who are not seeking records on behalf of a Congressional Committee, Subcornmittee, or either House sitting as a whole, but on behalf of their constituents, are treated the same as any other requester).

(2) To the Federal courts, whenever ordered by officers of the court as necessary for the proper administration of justice.

(3) To other Federal agencies, both executive and administrative, as determined by the head of a naval activity or designee.

In those instances, naval activities shall mark the records as “Privileged" and “Exempt from Public Disclosure. Any special handling instructions shall also be annotated on the records. Because such releases are not made under the provisions of the FOIA, they do not impact on future decisions to release/ deny requests for the same records to other requesters.

(d) Publication and public availability of special classes of records. The requirements of 5 U.S.C. 552 that certain classes of Department of the Navy regulatory, rulemaking, and organizational records must be published in the FEDERAL REGISTER for the guidance of the public and made available for public inspection and copying are implemented in 32 CFR part 701, subpart C.

(e) Public affairs regulations. Subparts A, B, C, and D of this part are intended to complement, not restrict, the conduct of Department of the Navy public affairs, media relations, community relations and internal relations functions and practices authorized in Secretary of the Navy Instruction 5720.44 series, “Department of the Navy Public Affairs Regulations.” Should the prac

tices authorized in that instruction conflict in any respect, the provisions of these subparts shall be controlling.

(f) U.S. Navy Regulations. Release of a record to a member of the public under FOIA shall be deemed to have occurred in the discharge of official duties (Article 1120, U.S. Navy Regulations (1990)). Process a request by a member of the public under the instructions outlined in Section 3 of Chapter 11, U.S. Navy Regulations.

(g) Other directives. The following directives, and other directives and instructions cited in part 701, to the extent they do not conflict, provide additional information relating to subparts A, B, C, and D of this part. Should the practices authorized in the directives conflict in any respect, the provisions of these subparts shall be controlling.

(1) Marine Corps Manual, paragraph 1015 (NOTAL); Marine Corps Order P5720.56, Availability to the Public of Marine Corps Records (NOTAL); and for Headquarters, U.S. Marine Corps, HQO P5000.12, Chapter 10 (NOTAL) and HQO 5720.9 (NOTAL).

(2) Federal Personnel Manual, chapters 293, 294, 297, 335, 339, and 713 (NOTAL)-release of information from active and inactive civilian personnel records.

(3) Manual of the Medical Department, U.S. Navy (NAVMED P-117), Chapters 23-70 through 23-79 (NOTAL) release of information from active and inactive medical records.

(4) JAGINST 5800.7C, Manual of the Judge Advocate General (JAGMAN), Chapter V (NOTAL).

(h) Relationship between FOIA and the Privacy Act (PA). Not all requesters are knowledgeable of the appropriate statutory authority to cite when requesting records. In some instances, they may cite neither Act, but will imply one or both Acts. For those reasons, the following guidelines are provided to ensure that requesters receive the greatest amount of access rights under both Acts.

(1) Requesters who seek records about themselves contained in a PA system of records and who cite or imply PA, will have their requests processed under the provisions of PA (see subpart F of this part).

(2) Requesters who seek records about themselves which are not contained in a PA system of records and who cite or imply PA, will have their requests processed under FOIA provisions, since they have no access under PA.

(3) Requesters who seek records about themselves which are contained in a PA system of records and who cite or imply FOIA or both Acts will have their requests processed under the time limits of FOIA and the exemptions and fees of PA. That is appropriate since greater access will be received under PA.

(4) Requesters who seek access to agency records and who cite or imply PA and FOIA, will have their requests processed under FOIA.

(5) Requesters who seek access to agency records and who cite or imply FOIA, will have their requests processed under FOIA.

If the requester has failed to cite the appropriate Act, naval activities shall apprise the requester in the final response under which Act his/

her request was processed.

(i) Objects or articles, such as structures, furniture, paintings, sculpture, three-dimensional models, vehicles, equipment, and parts of wrecked aircraft and ships, whatever their historical value, or value as evidence.

(ii) Administrative tools by which records are created, stored, and retrieved, if not created or used as sources of information about organizations, policies, functions, decisions, or procedures of a naval activity. Normally, computer software, including source code, object code, and listings of source and object codes, regardless of medium are not agency records (that does not include the underlying data which is processed and produced by such software and which may in some instances be stored with the software). Exceptions to this position are outlined in 8 701.3(b)(3).

(iii) Anything that is not a tangible or documentary record, such as an individual's memory or oral communication.

(iv) Personal records of an individual not subject to agency creation or retention requirements, created and maintained primarily for the convenience of an agency employee, and not distributed to other agency employees for their official use.

(v) Information stored within a computer for which there is no existing computer program for retrieval of the requested information.

(3) In some instances, computer software may have to be treated as a agency record and processed under the FOIA. Such situations are rare and shall be treated on a case-by-case basis. Examples of when computer software may have to be treated as an agency record are:

(i) When the data is embedded within the software and cannot be extracted without the software. In that situation, both the data and the software must be reviewed for release or denial under FOIA.

(ii) Where the software itself reveals information about organizations, policies, functions, decisions, or procedures of a naval activity, such as computer models used to forecast budget outlays, calculate retirement system costs, or optimization models or travel costs.

8701.3 Definitions.

(a) FOIA request. A written request for Department of the Navy records, made by "any person, including a member of the public (U.S. or foreign citizen), an organization, or a business, but not including a Federal agency or a fugitive from the law that either explicitly or implicitly invokes 5 U.S.C. 552, Department of Defense Directives 5400.7 and 5400.7-R series, “Department of Defense Freedom of Information Act Program" (see 32 CFR part 286) and/or subparts A, B, C, and D of this part.

(b) Agency record. (1) The products of data compilation, such as all books, papers, maps, and photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and in Department of the Navy's possession and control at the time a FOIA request is made.

(2) The following are not included in this definition:

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