PART 9901—DISCLOSURE OF RECORDS AND INFORMATION Authority: National Defense Authorization Act for Fiscal Year 2013, Pub. L. 112-239, Subtitle H, 126 Stat. 1632, 1787 (2013) (amended by National Defense Authorization Act for Fiscal Year 2014, Pub. L. 113-66, Sec. 1095, 127 Stat. 672, 878 (2013)); 5 U.S.C. 552. Source: 79 FR 54567, Sept. 12, 2014, unless otherwise noted. Freedom of Information Act § 9901.1 Authority, purpose, and scope. (a) Authority. (b) Purpose. (i) Ensure the long-term viability of the All-Volunteer Force by sustaining the required human resources of that force during all levels of conflict and economic conditions; (ii) Enable the quality of life for members of the Armed Forces and the other uniformed services and their families in a manner that fosters successful recruitment, retention, and careers for members of the Armed Forces and the other uniformed services; and (iii) Modernize and achieve fiscal sustainability for the compensation and retirement systems for the Armed Forces and the other uniformed services for the 21st century. (2) The Commission will make its recommendations only after it examines all laws, policies and practices of the Federal Government that result in any direct payment of authorized or appropriated funds to current and former members (veteran and retired) of the uniformed services, including the reserve components of those services, and the spouses, family members, children, survivors, and other persons authorized to receive such payments as a result of their connection to Service members. (c) Agency. (d) Records on individuals. [79 FR 54567, Sept. 12, 2014, as amended at 79 FR 63497, Oct. 24, 2014] § 9901.2 Proactive disclosure of records. (a) Proactive disclosure. http://www.mcrmc.gov. (b) Final report. (c) Released records. § 9901.3 Requests for records. (a) Generally. (b) Electronic or written requests required. [email protected]. (c) Contents of request. (1) A statement that the request is being made under FOIA, the requester's full name and address, a telephone number at which the requester can be reached during normal business hours, and an email address for the requester, if the requester has one; (2) A description of the records sought in enough detail to allow the records to be located with a reasonable amount of effort. The request must identify/describe the records sought and include information such as date, title or name, author, recipient, and subject matter of the records sought, where possible; (3) If submitting the request as an educational institution, non-commercial scientific institution, representative of the news media, (4) A fee waiver, if applicable; and (5) If the request is made by mail, the words “FOIA REQUEST” or “REQUEST FOR RECORDS” must be clearly marked on the cover letter, letter, and envelope. (d) Perfected requests. [79 FR 63498, Oct. 24, 2014] § 9901.4 Timing. (a) Acknowledgment of request. (b) Response time. (c) Appeal. (d) Clarification/Additional information. [email protected]. (e) Expedited processing. (1) Failure to obtain the requested records on an expedited basis could reasonably be expected to pose an imminent threat to a person's life or physical safety; or (2) With respect to a request made by a person primarily engaged in disseminating information, there is an urgency to inform the public about actual or alleged Federal government activity. (f) Extension for unusual circumstances. § 9901.5 Response to requests. (a) Authority to grant or deny requests. (b) Grant of request. (c) Request denial. (d) Referral of records. (e) Referral of request. § 9901.6 Production of records. (a) Generally. (b) Large requests. (c) Copies. (d) Multi-Track processing. Standard Complex (i) Standard Track. (ii) Complex Track. (A) Be voluminous; (B) Require an unusually high level of effort for search, review, or duplication; or (C) Cause an undue disruption to the day-to-day activities of MCRMC in carrying out its statutory responsibilities. (2) The requester will be notified if the request is assigned to the Complex Track and will be given an estimate of the time for response. MCRMC will respond to Complex Track requests as soon as practicable. MCRMC may discuss with the requester the possibility of reformulating the request to reduce processing time. § 9901.7 Appeals. (a) Initiating appeals. [email protected]. (b) Appeal decisions. (c) Mediation. [email protected]; § 9901.8 Fees. (a) Generally. (1) Timing. (b) Definitions. (1) All other request commercial use requester, educational institution non-commercial scientific institution representative of the news media requester. (2) Commercial use request (3) Direct costs (4) Duplication (5) Educational institution (6) Non-commercial scientific institution (7) Representative of the news media (8) Review (9) Search (c) Reduction of fees. (2) MCRMC will provide, except for commercial use requesters, (3) MCRMC shall not assess search fees if the agency fails to comply with time limits set forth in subpart 9901.4 if no unusual circumstances, as defined in subpart 9901.4, apply to the processing of the request. (d) Waiver of fees. (1) The subject matter of the request specifically concerns identifiable operations or activities of the Government; (2) The information is already in the public domain; (3) Disclosure is primarily in the commercial interest of the requester; and (4) Disclosure of the information would significantly enhance the public's understanding of the subject matter. (e) Categories of requesters. (1) Commercial use requesters (2) Educational institutions, noncommercial scientific institutions representatives of the news media (3) All other requesters (f) Charges. (1) Search and review. (2) Duplication. (3) Special charges. (4) Aggregating requests. (5) Advance payment. (6) Remittances.