§ 805.7 Requirements for insurers and agents soliciting on AF installations in foreign areas. (a) Accreditation responsibility. The responsibility for accrediting life insurance agents authorized on-base solicitation privileges in overseas areas has been delegated to selected joint and unified command commanders. They are: (1) For the Far East. Commanderin-Chief, Pacific, c/o Fleet Post Office, San Francisco, Calif. (2) For Europe, Middle East, and North Africa. Commander-in-Chief, U.S. Army, Europe, Attn: AEAAG-AP, APO 403, New York, N.Y. Commander, (3) For the Caribbean. Antilles Defense Command, Fort Brooke, P.R. (i) The Assistant Secretary of Defense (Manpower) accredits life insurance companies, and only such Department of Defense accredited companies are cleared. (b) Agents' responsibilities in foreign areas. Life insurance agents may solicit business on Air Force installations in foreign areas if: (1) The company he represents has been accredited by the Department of Defense. (2) The company he represents has obtained clearance for him from the appropriate joint or unified command commander. (3) His name appears on the official list of accredited agents maintained by the appropriate joint or unified command commander. (4) He has been granted permission by the installation commander to solicit. (5) He does not solicit for more than one insurance company. (6) He meets the requirements for life insurance agents contained in § 805.6(b). § 805.8 Suspension or withdrawal of the solicitation and accreditation privilege. (a) While the privilege of soliciting on Air Force bases is a revocable one, such revocation should only be made for good and sufficient reasons, such as, but not limited to: (1) Violation of Air Force regulations. (2) Substantiated adverse reports from State insurance commissioners, other authorities, State or federal, or recognized financial, insurance, or advisory services. (3) The use of any manipulative, deceptive, or fraudulent device, scheme, or artifice, including misleading advertising, or other misleading literature. (4) A solicitation (by mail or otherwise) urging the purchase of insurance when such communications or presentations are composed or delivered in any manner which gives rise to any appearance that the offer is sponsored or has the indorsement of the Department of Defense or any element thereof. (5) The offering for sale of any insurance policy or rider which fails to meet the requirements of this part. (b) Action by installation commander: Installation commanders may suspend indefinitely the privilege of onbase solicitation or accreditation granted to companies or agents for cause, or withhold the privilege of solicitation when classified operations are in progress or when such action is determined to be in the best interest of national security or in conflict with the military mission of the installation. When suspension occurs for the reasons enumerated in paragraph (a) of this section, such reasons will be included in prompt notification to the insurance company; agent; insurance commissioners of the States in which the company is domiciled and the agent is licensed; insurance commissioner of the State in which the installation is located; the headquarters of the major air command to which the installation is organizationally assigned; and Hq USAF (USAF Military Personnel Center (AFPMPPD), Randolph AFB, Tex., 78148). Such notifications include a recommendation as to whether the suspension should be extended throughout 'the command or throughout the Air Force. (c) Allotment restrictions. Allotments are not authorized for payment of premiums for life insurance unless: (1) When insurance is solicited by personal contact, the life insurance company and its agents who sell the policies to the allotter are: (i) Licensed as prescribed in § 805.3 in the State in which the installation is located and to which the allotter is assigned. (Exceptions in § 805.3 also apply.) (ii) Accredited for on-base solicitation in foreign areas as prescribed in § 805.7 (b). (2) When life insurance is solicited by mail, the insurer is licensed in the State in which the allotter is stationed. (Exceptions in § 805.3 also apply.) 806.6 Copy Records Persons authorized to disclose or not 806.7 Subpart E-Appeals From Refusals To Make 806.11 Filing an appeal. AUTHORITY: The provisions of this Part 806 issued under sec. 8012, 70A Stat. 488; 10 U.S.C. 8012; 5 U.S.C. 552. SOURCE: The provisions of this Part 806 appear at 32 F.R. 9674, July 4, 1967, unless otherwise noted. Subpart A-General Information § 806.1 Purpose. This part states basic policies and instructions governing the disclosure of unclassified records and tells members of the public what they must do to inspect or obtain copies of records. It applies Air Force-wide. In case of a conflict, this part takes precedence over any existing directive dealing in whole or in part with the disclosure of unclassified records. § 806.2 Types of requests covered by this part. This part governs the disclosure of documentary material to the general public. Requests by members of Congress or congressional staffs for information and documentary material are processed under AFR 11-7 (Air Force Relations with Congress). Requests from the General Accounting Office are processed under AFR 11-8 (Air Force Relations with the General Accounting Office). Requests for documentary material for use in litigation are processed under Part 840, Subchapter D of this chapter as well as this part. Requests by news media or their representatives require compliance with AFR 190-12 (Release of Information to the Public) as well as this part. More detailed instructions for handling requests for specialized types of records or other documentary material may be contained in other directives and regulations, such as the Armed Services Procurement Regulation (Subchapter A, Chapter I of this title). Subpart B-Policies Governing § 806.3 Basic policies on disclosure. (a) It is the fundamental policy of the Departments of Defense and the Air Force to make available to the public the maximum amount of information and records concerning their operations and activities. (b) This basic policy is subject to the necessary exception, recognized in 5 U.S.C. 552(b) and discussed in § 806.5, that in certain cases records and other documentary material need not be made public. However, even where nondisclosure is authorized by 5 U.S.C. 552(b) and § 806.5 requested records and other documentary material should be disclosed if no significant purpose would be served by withholding them. The determination of whether a significant purpose is served by withholding information under the provisions of § 806.5 is within the sole discretion of the Air Force. (c) In no event will a determination that a record should be withheld be influenced by the possibility that its re lease might suggest administrative error or inefficiency or might embarrass the Air Force or an official of the Air Force. § 806.4 Specific policies on disclosure. (a) Any identifiable documentary material in the possession of the Air Force which qualifies as a "record" as discussed in paragraph (b) of this section and which is not exempted under § 806.5 should be made available on the request of any person. (b) In determining whether documentary material qualifies as a "record", 44 U.S.C. 366, which, for records disposal purposes, defines the word "records", should be used as a guide. This statute provides in part that: When used in sections 366–376 and 378-380 of this title, the word "records" includes all books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by any agency of the U.S. Government in pursuance of Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data contained therein. (1) The term "records" does not include objects or articles such as structures, furniture, paintings, sculpture, three-dimensional models, vehicles, equipment, etc., whatever their historical value as "evidence." (2) Records are not limited to permanent or historical documents; they include contemporaneous ones as well. (c) For a record to be considered "identifiable" it must exist at the time of the request. There is no obligation to create a record to satisfy a request for information. When the information requested exists in the form of several records at several locations, the requester should be referred to those sources if gathering the information would be burdensome. (d) Requesters must be reasonably specific in identifying records they would like made available. The Air Force is not required to permit a requester to brow se through entire files or large series of records to find a record he may then "identify." However, the Air Force will make a reasonable effort to locate any records that are requested. More than one record may be requested, but each must be reasonably well identified. (e) Requests for identifiable records may be denied only when an official designated in § 806.6 (b) determines that such denial is authorized by this part. (f) Pursuant to 5 U.S.C. 552(a) (3), requesters will be charged the reasonable costs to the Air Force of searching, copying, or certifying records. Charges will be determined according to Part 813, subchapter B of this chapter. Except for any copies that may be provided, no charge will be made to the public for the use of established reading rooms or reference libraries. § 806.5 Material that may be withheld from disclosure. Records that fall within the categories listed in paragraphs (a) through (h) of this section are not required to be made available to members of the public. Nevertheless, a record that falls under one of these exempted categories should be made available to a requester if, in the judgment of the appropriate official designated under § 806.6, no significant purpose would be served by withholding it from him under the applicable exemption. (a) Those containing information requiring protection in the interest of National defense or foreign policy according to the criteria established by Part 850, subchapter E of this chapter or by Executive order. (b) Those containing rules, regulations, orders, manuals, directives and instructions relating to the internal personnel rules or internal practices of the Air Force. Examples include: (1) Operating rules, guidelines, and manuals for Air Force investigators, inspectors, auditors or examiners that cannot be disclosed to the public without substantial prejudice to the effective performance of a significant Air Force function. Some of these materials might reveal: (i) Negotiation and bargaining techniques. (ii) Bargaining limitations and positions. (iii) Inspection schedules and methods. (iv) Audit schedules and methods. (2) Personnel and other administrative matters such as examination questions and answers used in training courses or in determining the qualification of candidates for employment, entrance to duty, advancement, or promotion. containing (c) Those information authorized or required by statute to be withheld from the public. The authorization or requirement may be found in the statute itself or in Executive orders or regulations authorized by, or in implementation of, the statute. Examples include: (1) Documentary material referred to in 18 U.S.C. 1905: trade and financial information provided in confidence by businesses (see also paragraph (e) of this section). (2) 35 U.S.C. 181-88: records containing information relating to inventions that are the subject of patent applications on which patent secrecy orders have been issued. (d) Those containing information which the Government has received from anyone, including an individual, a foreign nation, an international organization, a State or local government, a corporation, or any other organization, with the understanding, express or implied, that the information will be retained on a privileged or confidential basis; or those containing similar commercial or financial information that the component develops internally, if the information is, in fact, the kind normally considered privileged or confidential. The following are examples of the types of information that may be included within this exemption: (1) Commercial information such as research data, formulas, designs, drawings, and other technical data and reports which are significant as items of valuable property acquired in connection with research, grants, or contracts, and if owned by private parties would likely be held in confidence. (2) Commercial and financial information received in confidence in connection with loans, bids, or proposals, as well as other information received in confidence or privileged, such as trade secrets, inventions and discoveries, or other proprietary data. (3) Statistical data and commercial or financial information concerning such matters as contract performance, income, profits, losses, and expenditures. (4) That information customarily considered privileged or confidential under the rules of evidence in the Federal courts, such as information coming within the doctor-patient, lawyer-client, and priest-penitent privileges. (5) Personal statements given in the course of inspections, audits, or investigations. (6) Any other information that customarily would not be released to the public by the person from whom it was obtained. (e) Except as provided in subparagraph (3) of this paragraph, those containing interagency or intra-agency communications. (1) One major purpose of this exemption is to ensure that frank internal communication and a free exchange of ideas among agency personnel will not be inhibited. In this sense it is primarily concerned with opinions, suggestions, recommendations, evaluations, analyses, and discussions, as opposed to records of final actions taken. (2) The following are examples of the types of material that may normally be withheld under this exemption: (1) Staff papers that discuss a problem or contain advice, recommendations, analyses, suggestions, or evaluations. (ii) Information received or generated by a component preliminary to a decision or action, where premature disclosure would harm the authorized appropriate purpose for which the records are being used. (iii) Draft versions of documents. (iv) Advice, suggestions, or reports prepared on behalf of the Air Force by boards, committees, panels, conferences, councils, commissions, task forces, or similar groups that are formed by the Air Force to obtain advice and recommendations. (v) Conversations or communications between Air Force personnel, or between such personnel and representatives of other agencies of the Executive Branch, if the conversations or communications are merely advisory or preliminary in nature and do not represent any final official action. (vi) Advance information on such matters as proposed plans to procure, lease, or otherwise acquire and dispose of materials, real estate, facilities, or functions when such information would provide undue or unfair competitive advantage to private personal interests. (vii) Inspector general reports, auditor general reports, or other reports of inspections, investigations, or surveys that pertain to safety or the internal management, administration, or operations of the Air Force. (viii) Records that are exchanged among Air Force personnel or within and among Government agencies preparing for legal proceedings or anticipated pro ceedings before any Federal, State, or military court or regulatory body. (ix) Records of Air Force evaluations of contractors and their products or services, that, in effect, constitute advice or recommendations and could be used improperly to the advantage or detriment of private interests. (x) Reports of proceedings to select personnel for assignment, school, promotion, retention, and similar purposes. (3) Any such intra- or inter-agency records or other documentary material that would routinely be made available through the discovery process in the course of litigation with the agency may not be withheld. However, if the material would only be made available through the discovery process by special order of the court, based on the particular needs of a litigant balanced against the interests of the agency in maintaining its confidentiality, then the record or document should not be made available to a member of the public. (f) Those containing information from personnel and medical files. (1) When the sole and exclusive basis for withholding such information is protection of the personal privacy of an individual, the information should not be withheld from him or from his designated legal representative. (2) An individual's personnel or medical files may be withheld from him or from his designated legal representative for reasons other than the protection of his personal privacy when Civil Service Commission regulations or other regulations so authorize. (g) Those containing information from files similar to medical and personnel files where there would be a clearly unwarranted invasion of the personal privacy of an individual if the information were disclosed. (1) Examples of similar files are those: (i) Compiled to evaluate or adjudicate the suitability of candidates for civilian employment and the eligibility of indi-viduals, whether civilian, military, or industrial, for security clearances. (ii) Containing reports records, and other material pertaining to personnel matters in which administrative action, including disciplinary action, may be taken or has been taken. (iii) Containing information about personal or financial affairs that the individual would not normally disclose publicly. Included are: (3) When the sole and exclusive basis for withholding information is protection of an individual's personal privacy, the information should not be withheld from him or from his designated legal representative. (4) Information from such files may be withheld from an individual or from his legal representative for reasons other than protection of his personal privacy when authorized by Civil Service Commission regulations or other regulations. (h) Those containing information from investigatory files compiled to enforce, civil, criminal, or military law, including Executive orders or regulations validly adopted pursuant to law. Included within this exemption are: (1) Reports, statements of witnesses, and other material based on the information developed during the course of an investigation and all materials prepared in connection with related Government litigation and adjudicative proceedings. OSI reports, for example, concerning suspected violations of the Uniform Code of Military Justice and other laws come within this provision. (2) Investigatory files compiled to enforce Executive orders or the regulations and directives of a component of the Department of Defense. |