1 February 1998
Source: http://www.access.gpo.gov/nara/cfr/index.html

------------------------------------------------------------

[Code of Federal Regulations]
[Title 32, Volume 2, Parts 191 to 399]
[Revised as of July 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR299]

[Page 737-739]
 
                       TITLE 32--NATIONAL DEFENSE
 
       CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 299--NATIONAL SECURITY AGENCY (NSA) FREEDOM OF INFORMATION ACT PROGRAM

Sec.
299.1  Purpose.

[[Page 738]]

299.2  Organization and requests for information.
299.3  Indexes.
299.4  Procedures for request of records.
299.5  Appeals.
299.6  Effective date.

    Authority: 5 U.S.C. 552.

Sec. 299.1  Purpose.

    Pursuant to the requirements of the Freedom of Information Act as 
amended (5 U.S.C. 552), the following rules of procedure are established 
with respect to public access to the records of the National Security 
Agency/Central Security Service.

[56 FR 15047, Apr. 15, 1991]

Sec. 299.2   Organization and requests for information.

    The Headquarters of the National Security Agency/Central Security 
Service is located at Fort George G. Meade, Md. Requests for information 
and decisions and other submittals may be addressed to the Chief, Office 
of Policy, National Security Agency/Central Security Service, Fort 
George G. Meade, Md. 20755.

[40 FR 7300, Feb. 19, 1975, as amended at 46 FR 26482, May 13, 1981]

Sec. 299.3   Indexes.

    The NSA/CSS does not originate final orders, opinions, statements of 
policy, interpretations, staff manuals or instructions that affect a 
member of the public of the type covered by the indexing requirement of 
5 U.S.C. 552(a)(2) or required to be published for the guidance of the 
public under 5 U.S.C. 552(a)(1). The Director, NSA/Chief, CSS, has 
therefore determined, pursuant to pertinent statutory and Executive 
order requirements, that it is unnecessary and impracticable to publish 
an index of the type required by 5 U.S.C. 552 as amended by Pub. L. 93-
502.

[40 FR 7300, Feb. 19, 1975]

Sec. 299.4   Procedures for request of records.

    (a) Requests. Requests for access to records of the National 
Security Agency/Central Security Service may be filed by mail addressed 
to the Chief, Office of Policy, National Security Agency/Central 
Security Service, Fort George G. Meade, Md. 20755. Requests need not be 
made on any special form but may be by letter or other written statement 
identifying the request as a Freedom of Information Act request and 
setting forth sufficient information reasonably describing the requested 
record.
    (b) Determination and notification. When the requested record has 
been located and identified, the Information Officer shall determine 
whether the record is one which, consistent with statutory requirements, 
Executive orders and appropriate directives, may be released or should 
be exempted under the provisions of 5 U.S.C. 552. The Chief, Office of 
Policy, shall notify the requester of his determination within 10 
working days of his receipt of the request.
    (c) Extension of response time. Where the requested record cannot be 
located within the initial response period of 10 days because of unusual 
circumstances, the Chief, Office of Policy shall notify the requester in 
writing within the initial response period of the delay, the reasons 
therefore, and a date, not to exceed 10 working days, on which a 
determination is expected to be dispatched.
    (d) Fees. (1) General. As a component of the Department of Defense, 
the applicable published Departmental rules and schedules with respect 
to the schedule of fees chargeable and waiver of fees will also be the 
policy of NSA/CSS. See Sec. 286.33 et seq.
    (2) Advance payments. (i) Where a total fee to be assessed is 
estimated to exceed $250, advance payment of the estimated fee will be 
required before processing of the request, except where assurances of 
full payment are received from a requester with a history of prompt 
payment. Where a requester has previously failed to pay a fee within 30 
days of the date of billing, the requester will be required to pay the 
full amount owned as well as make an advance payment of the full amount 
of any estimated fee before processing of the request continues.
    (ii) For all other requests, advance payment, i.e., a payment made 
before work is commenced, will not be required. Payment owed for work 
already completed is not an advance payment,

[[Page 739]]

however, responses will not be held pending receipt of fees from 
requesters with a history of prompt payment. Fees should be paid by 
certified check or postal money order forwarded to the Chief, Office of 
Policy, and made payable to the Treasurer of the United States.

[40 FR 7300, Feb. 19, 1975, as amended at 46 FR 26482, May 13, 1981; 56 
FR 15047, Apr. 15, 1991]

Sec. 299.5  Appeals.

    Any person denied access to records, or denied a fee waiver may, 
within 60 days after notification of such denial, file an appeal to the 
Freedom of Information Act Appeals Authority, National Security Agency/
Central Security Service. Such an appeal shall be in writing addressed 
to the Freedom of Information Act Appeals Authority, National Security 
Agency/Central Security Service, Fort George G. Meade, Md. 20755-6000, 
shall reference the initial denial and shall contain in sufficient 
detail and particularity the grounds upon which the requester believes 
release of the information, or granting of the fee waiver is required. 
The Freedom of Information Act Appeals Authority shall respond to the 
appeal within 20 working days after receipt of the appeal.

[56 FR 15047, Apr. 15, 1991]

Sec. 299.6   Effective date.

    This notice shall become effective upon May 13, 1981.

[46 FR 26482, May 13, 1981]

[[Page 740]]


