Block IV Flashcards
PAC: General and Operations Law
Freedom of Information Act (FOIA) Directive
5 U.S.C. § 552
DoDM 5400.07_AFMAN 33-302
Freedom of Information Act
provides a right of access to federal executive agency records, except those protected from public disclosure
FOIA Process
- Written request for information sent
- FOIA monitor sends request to the Office of Primary Responsibility (OPR).
-
OPR reviews and recommends which document(s) apply and recommends exclusions
–> if full or partial denial is recommended - Request is sent back to the legal office to complete a** legal review** and make changes as necessary.
- Sent to IDA
OPR
Office of primary responsibility maintains the record that is being requested
to deny all or part of a FOIA request
to censor information
IDA
A FOIA request is partially or completely denied
IDA is GS-13 or O-4 and above appointed by the wing commander/vice wing commander
Timeline for IDA to respond to a FOIA denial
IDA informs the sender of their decision or pending decision within 20 working days from receipt of request.
What is a FOIA “exemption”
An information release request is protected from release
Exemption (b)(1)
Prohibits the release of classified information
Exemption (b)(2)
States that records do not have to be released if they are related solely to an agency’s internal personnel rules and practices
Exemption (b)(3)
Limits the release of information specifically exempted from disclosure by statute
Exemption (b)(5)
Information that concerns communications within or between agencies which are protected by legal privileges, that include but are not limited to: Attorney-Work Product Privilege, Attorney-Client Privilege, Deliberative Process Privilege, Presidential Communications Privilege
Exemption (b)(6)
Permits the government to withhold all information about an individual in personnel, medical, and similar files when disclosing such information would constitute a clearly unwarranted invasion of personal privacy
Exemption (b)(7)(a)
Authorizes the withholding of records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information could reasonable be expected to interfere with enforcement proceedings
Privacy Act of 1974
- Applies only to federal agencies
- Government necessity
- Request personal records
- Correct personal records
- Government protects personnel information it has collected
- Prevents federal secret systems of records
Privacy Act
AFI 33-332, Air Force Privacy and Civil Liberties Program
Limits government ability to collect information about an individual to the extent authorized by law or executive order and is necessary for government business
PII
Personally identifiable information - protected under the Privacy Act
individual’s name, identifying numbers, another other identifier specifically assigned to an individual (fingerprint, photo, voiceprint)
Examples of what PA applies to
- education records
- financial transactions
- medical history
- criminal history
- employment history
PA request denials
Follows same procedure for FOIA request/denials
- FOIA/PA –> OPR –> base legal –> OPR –> IDA
HIPAA
Health Information Portability and Accountability Act
governs access and release of records
AFI 41-200
Health Insurance Portability and Accountability Act
Functions of HIPPA
- right to obtain a copy of records and request corrections
- safeguards to protect health information
- holds violators accountable, civil and legal
- request for PHI is limited
Releasability of PHI
- required by law
- Public Health
- judicial or administrative proceeding
- regarding victim of neglect and abuse
- health oversight
- law enforcements
- information of decendents
- avert serious threat to health and safety
- specialized government functions
Common reasons JA will request disclosure
- processing cases for court
- discharge or administrative process
- OSI review for personnel investigation
urinalysis, autopsy, etc.
Required to complete an Off-Duty Employment Request
- OGE Form 450 Filer (Confidential Financial Disclosure Report)
- OGE Form 278 Filer (Public Financial Disclosure Report)
- Belonging to a command which requires this request
FLI
Financial Liability Investigation
an official report of the facts and circumstances supporting the assessment of financial liability for the loss, damage, or destruction of AF property
*Basis for Gov’t restitution claim
What is the typical limit to financial liability for FLI?
one month’s base pay
What does FLI not apply to?
non-appropriated funds (NAF)
DoD 7000.14-R
Financial Management Regulations Volume 12, Chapter 7
FLI Process
- Research/investigate cause
- Assess monetary liability
-** Documentation** to support - Provide commanders with case history for corrective action that prevents recurrence
FLI must be processed within what timeline?
90 days
Situations in which FLI is mandatory
damage, destruction, or loss of…
- sensitive, classified, or leased property
- real property
- government-owned equipment with value over $5000
AF members are liable for loss, damage, or destruction caused by their…
- Negligence
- Willful misconduct
- Deliberate unauthorized use
Situations that do not require an FLI
- individual agress to pay (and items are not subject to mandatory FLI)
- property lost in combat operations
- becomes unservicable due to normal wear and tear
Joint Ethics Regulations
DoD 5500.07-R
What cannot be given as a gift?
Cash or gift cards
An employee shall not give a gift to a supervisor except under the following exemptions:
- On an occasional basis: birthdays, Bosses’ Days, etc. $10 limit
- On special, infrequent occasions: baby shower, retirement or separation, etc. Limit of $10 per person and $300 per group if contributing as a group.
What is the policy for sitting in first class on official duty?
It is prohibited to sit in first class in uniform.
When may a member accept on-the-spot travel benefits?
- no additional charge to the federal government
- available to the public
- not being offered because of rank/position
Explain disqualification to ensure impartiality
Members may be disqualified from acting on certain matters if such actions would raise question on their ability to act in an impartial manner.
Explain disqualification from matter effecting prosepctive employees
Members may not participate in matters which may have a direct impact on their potential employment with a prospective employer for the member or someone in their household
(if you are looking to get a job with a company in the future).
Primary authority to accept or deny a gift being offered to the DAF
Secretary of the Air Force (SAF) under AFPD 51-5, Administrative Law, Gifts, and Command Relationships
SAF can delegate gift acceptance authority to AF Academy superintendent when…
- valued at $100,000 or less
- does not require expenditures
- does not require annual maintenance above 5% of gift value
SAF can delegate the gift acceptance authority to Commanders of installations when…
- qualified real property support on staff
- real property valued at $100,000 or less
- does not require expenditures for acceptance
- does not require annual maintenance above 5% of gift value
Delegation of gift receiving authority for property valued at $100,000 or less may be given by and accepted by:
- Chief of Staff of the Air Force delegated to subordinate commanders no lower than installation commanders
- MAJCOM CCs may delegate to subordinate commanders, not lower than installation commanders
- Commanders and Directors of Field Operating Agencies
Standard exceptions for employees accepting a gift
- Gifts $20 or less with a total annual value not exceeding $50
- Gifts based on a personal relationship (family/personal)
- Discounts and benefits
Prior to receiving a gift given to the AF the authority should…
seek legal advice
- cost of the gift
- type of gift
- who the gift-giver is
- who the accepting agent is
DAFI 36-3101
Fundraising
Rules regarding PO fundraising:
- Occasional (no more than 3x/year)
- Not while on official duty
- May not encourage the use of any commercial business
- Non-compete with AAFEW or FSS resale
- Not during CFC or AFAF campaigns
- require liability insurance (unless risk is negligible)
- comply with all federal, state, local laws
- sale of goods at public entrances and community support facilities
- Not using official communication systems
Authorized fundraising events
- car washes
- gift-wrapping
- thrift shop sales
- bake sales
- dances
- carnivals
- raffles *
Unauthorized fundraising events
- soliciting for cash donations on base
- alcohol sales on base
- raffles in the workplace
- raffles for monetary prizes only
Rules for conducting a raffle fundraiser:
- authorized by CC
- reviewed by legal office
- counts towards limit of 3 per calendar quarter
- comply with state and local laws
- supports routine operations/direct benefit of DoD personnel and family
Roles of personnel in the approval process for the PO program
Installation Commander: approval authority
Mission Support Group (MSG/CC): delegated by the installation CC
Force Support Squadron (FSS): delegated by the MSG/CC
Responsibilities of the Installation or MSG/CC regarding PO authorization
- withdraw PO authorization with just cause
- act on fundraiser requests
- approve unofficial unit activity over $1000 (6 month limit)
- Authorize contractor/subcontractor in POs
- Eliminate competing services
- Background checks for working with children
Responsibilities of FSS regarding PO authorization
FSS/CC: monitoring and administering installation PO program. Ensure membership provisions and advise installation CC on changes.
FSS/RM: maintains a file on each PO, review the PO’s folder annually for compliance
Responsibilities of the legal office regarding PO authorization
receives PO request from FSS for review
Offers PO limited legal assistance regarding:
- formation, certification, and recertification
- annual financial reports
- dissolution requests
Procedures for reviewing and approving establishment of POs
- POs develop constitution/bylaws
- Send to RM (delegated by installatin CC/MSG) for completion and accuracy review
- Sent to legal office for legal review
- Final review by installation CC or delegate for consideration and/or approval.
Requirements for PO application constitution/bylaws
- nature, function, objectives, members eligibility, and sources of income
- certification members
- organization officers and responsibilities
- disposition of assets upon dissolution
Conscientious objection
a firm, fixed, and sincere objection to participation in war in any form or bearing arms, because of religious training and/or belief
Conscientious objector (CO)
A military member who objects to participation in war in any form or bearing arms by reason of religious training and/or belief.
Class 1-O Conscientious objector
a member who sincerely objects to participation in military service of any kind in a war in any form
Noncombatant duties
- service in an unarmed unit of the Armed Forces
- primary function does not require the use of arms in combat
- service abord an armed ship is noncombatant unless the individual is personally involved in weapon’s operation
Class 1-A-O conscientious objectior
a member who sincerely objects to participation as a combatant in a war in any form, but whose convictions are such as to permit military service in a noncombatant status
DAFI 36-3211
Military Separations Conscientious Objectors
Roles of Key Players in conscientious objectors:
Secretary of the Air Force (SAF)
Establishes policy concerning the processing and disposition of CO applications for the AF
Final decision authority for all CO applicants
Roles of Key Players in conscientious objectors:
Squadron commander (SQ/CC)
reviews application and makes recommendation.
ensures IO is appointed
removes CO applicant from combatant duties/training until conclusion of the application
Roles of Key Players in conscientious objectors:
Military Personnel Section (FSS or MPS)
Executes policy and provides training to individuals assigned to Career Development on processing CO applications
Roles of Key Players in conscientious objectors:
Career Development (FSS/FSMPD)
counsels and assists applicants with CO applications
Roles of Key Players in conscientious objectors:
Investigating officer (IO)
conducts an investigation of the CO application
Roles of Key Players in conscientious objectors:
Chaplain
conducts a personal interview with the CO applicant
Roles of Key Players in conscientious objectors:
Psychiatrist or Psychologist
Conducts a personal interview with the CO applicant
CO application must prove these 4 things:
- the naure of their claim falls under definition of CO described in DAFI 36-3211
- belief if firm, fixed, sincere, and deeply held
- belief is due to sincerely held moral, ethical, or religious beliefs
- opposes participation in war in any form or the bearing of arms
CO application must include (application components):
- separation directive
- personal information
- counseling statement
- any other relevant information they wish to submit to be reviewed
Application process
Application is turned in to MPS
MPS Screening & Appointment scheduling: chaplain and psychiatrist
Forward results to IO
Duties of the IO during CO Application process
Appointed by Special Court-Martial Convening Authority (SCMCA)
- JAG O-3, Captain, or higher
IO must be senior in grade to applicant
Conducts investigation and forwards to MPS
MAJCOM/CC and MAJCOM/JA are required to…. regarding CO applications
they are each required to review the application and make a recommendation; cannot be delegated to a lower level.
Send to SecAF
SecAF role in CO applications
Final Decision Authority
Upon completion of the IO investigation the report is forwarded to…
SJA will forward the entire record to the SPCMCA and the applicant.
The applicant is allowed 15 calendar days to submit a rebuttal to the report.
Authority for issuing a debarment order
Installation CC
Authority for maintaining a debarment order
Security Forces Squadron (SFS)
Debarment criteria:
- commission of a criminal offense
- reflects negatively on the image of the U.S. overseas
- adverse affect on health, safety, or morale of personnel
Debarment letter must include:
- period of time for the debarment
- permanent or temporary
- options for reinstatement
- right to appeal the order
Doctrine
the fundamental principle by which military forces guide their actions to support national objections
Authoritative but not directive, requires judgment in application
AFPD 3-84
Legal Support
Legal advice, considerations, and JA best practices in support of AF operations
Legal Support Doctrine sections
Section 1, Introduction to Legal Support
Section 2, The Air Force Judge Advocate General’s Corps and Command Fundamentals
Section 3, Support to Air Force Operations*
*focus is on three subcategories of this section
Support to Air Force Operations: Operations Planning
TJAGC personnel assist planners in applying legal considerations for deliberate planning and crisis action
- review for compliance of domestic and international law
Support to Air Force Operations: Rules of Engagement
directives issued by the competent military authority that delineate the circumstances and limitations under which US forces will initiate and/or continue combat engagement with other forces encountered
- TJAGC assist in developing, modifying, and advising on ROEs
The general principles of fiscal law
PTA - to prepare an obligation or make expenditures must consider…
Purpose:
Time:
Availability:
