Policy
It is the policy of the Chief of Naval Research (CNR)
to make available to the public, upon request, the maximum
amount of information concerning the operations, activities,
and administration of the ONR, unless the information
qualifies for withholding under one or more of the following
FOIA exemptions and release would damage a governmental
interest.
Exemption 1 (5 U.S.C. 552(b)(1))
This exemption authorizes protection of "properly
and currently classified " records or portions
of records. Presidential Executive Order 12958 currently
determines what is properly classified. Chief of Naval
Operations Note (OPNAVNOTE) 5510 Ser 09N2/5U532774 of
16 October 1995 provides interim guidance on Executive
Order 12958. The order will be implemented through revisions
to Chief of Naval Operations Instruction (OPNAV) 5510.1H.
Exemption 2 (5 U.S.C. 552(b)(2))
This exemption authorizes protection of internal personnel
rules and practices. Operating rules, guidelines and
manuals are covered if release would allow circumvention
of a statute or rule. This exemption also covers trivial
housekeeping records such as rules for parking facilities,
regulation of lunch hours, sick leave policy, and administrative
data such as file numbers, mail routing stamps, initials,
data processing notations, brief references to previous
communications, and other like administrative markings
if there is no legitimate public interest or benefit
in release and processing the request would constitute
an administrative burden.
Exemption 3 (5 U.S.C. (b)(3))
This exemption requires protection of information that
is covered by another statute that specifically exempts
the information and permits no discretion on the issue.
We most commonly use the following statutes.
1. Unclassified critical technical data is covered
by 10 U.S.C. 130. See Technical Data for more information.
2. Prior to contract award, certain procurement related
proprietary and source selection information is covered
by 41 U.S.C. 423.
3. Unclassified information pertaining to security
measures, including security plans, procedures, and
equipment for the physical protection of special nuclear
material is covered by 10 U.S.C. 128.
4. Technical, management, or cost proposals submitted
by a contractor in response to the requirement of a
Department of Defense solicitation for a competitive
proposal are covered by Section 821 of the National
Defense Authorization Act for Fiscal Year 1997, P. L.
104-201 except for any portions that were set forth
or incorporated by reference into a contract. Portions
not protected by this exemption, must be processed under
E. O. 12600.
Exemption 4 (5 U.S.C.(b)(4))
This exemption requires protection of certain trade
secrets and commercial or financial information received
from a private source when disclosure is likely to cause
substantial competitive harm to the source. General
Guidance on Exemption 4.
Exemption 5 (5 U.S.C. (b)(5))
This exemption authorizes protection of pre-decisional
opinions and recommendations that were not incorporated
into a final decision. It also covers attorney-client
privilege, attorney-work product, and the government's
confidential business information.
Exemption 6 (5 U.S.C. (b)(6))
This exemption authorizes protection of personal and
medical information if release would result in a clearly
unwarranted invasion of personal privacy.
Exemption 7 (5 U.S.C. (b)(7))
This exemption authorizes protection of certain information
compiled for law enforcement purposes (i.e., civil,
criminal, or military law). The exemption protects information
if release could (A) reasonably be expected to interfere
with enforcement proceedings, (B) deprive a person of
the right to a fair or impartial adjudication, (C) constitute
an unwarranted invasion of personal privacy, (D) disclose
the identity of a confidential source, (E)disclose law
enforcement techniques and procedures or guidelines
for law enforcement investigations or prosecutions,
or (F) endanger the life or physical safety of any individual.
If the fact that an investigatory file even exists would
cause an unwarranted invasion of an individual's privacy,
we neither confirm nor deny that responsive documents
exist.
Exemption 8 (5 U.S.C. 552(b)(8))
This exemption protects examination, operation, or
condition reports prepared for the use of an agency
responsible for regulation or supervision of financial
institutions.
Exemption 9 (5 U.S.C. (b)(9))
This exemption covers geological and geophysical information
and data, including maps, concerning wells.
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