Term
| Where does the FOIA office first send an information request? |
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Definition
| To the Office of Primary Responsibility (whichever office the information pertains to, such as finance or contracting) |
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Term
| If the OPR fully or partially denies the request, where is the request sent? |
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Definition
| The legal office for comment |
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Term
| If the legal office agrees with the denial for information, where is the request sent? |
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Definition
| It is forwarded to the Initial Denial Authority (IDA), which is usually the commander, for final decision |
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Term
| How long does the IDA have to issue a decision? |
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Definition
| 20 days from the receipt of the request at the FOIA office |
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Term
| How long do individual agencies have to process the FOIA request? |
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Definition
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Term
| What are the exemptions from releasing information through FOIA? |
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Definition
Exemption (b)(2)
Exemption (b)(3)
Exemption (b)(6)
Exemption (b)(7)(A) |
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Term
| What is Exemption (b)(2)? |
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Definition
| Records do not have to be released if they relate to personnel rules and practices of an agency |
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Term
| What is Exemption (b)(3)? |
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Definition
| Records do not have to be released if they are exempted by statute |
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Term
| What is Exemption (b)(6)? |
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Definition
| Allows the government to withhold information about personnel and medical files when it's a clear invasion of privacy |
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Term
| What is the purpose of the Privacy Act? |
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Definition
| Ensures the government's need for information is balanced against an individual's right to privacy. The PA limits the government's ability to collect information about an individual to that authorized by law and that is necessary for government business. |
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Term
| What kind of information does the Privacy Act cover? |
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Definition
| Education records, financial transactions, medical history, criminal or employment history, and identification information such as name, number, symbol, fingerprints, or photographs. |
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Term
| What are the punishments for unauthorized release of Privacy Act information? |
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Definition
| May be found guilty of a misdemeanor and fined a maximum of $5,000. |
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Term
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Definition
| The Health Insurance Portability and Accountability Act |
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Term
| What is the purpose of HIPPA? |
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Definition
| To protect the confidentiality of medical information |
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Term
| To whom or when can authorized information be released? |
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Definition
To treatment, payment, or healthcare operations
The individual or their personal representative
Pursuant to authorization
Specifically allowed by the Privacy Rule |
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Term
| When must an off-duty employment application be submitted? |
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Definition
| When it is required by local or command policy before taking on an off duty job |
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Term
| Who must approve an off-duty employment request? |
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Definition
| The member's supervisor, then the legal office, and then the unit commander for approval |
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Term
| What are the procedures for administering an LOD Determination? |
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Definition
| A medical officer will initiate the LOD by reviewing the member's illness, injury, disease, or death using AF Form 348. The package is then forwarded to the immediate commander for investigation. It is then forwarded to the base legal office for review. The SJA is responsible for making sure the commander's decision is legally sufficient. |
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Term
| What are the 4 possible findings from an LOD Determination? |
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Definition
| In Line of Duty, Existed Prior to Service, Not in Line of Duty but not Due to Own Misconduct, and Not in Line of Duty Due to Own Misconduct. |
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Term
| What is the purpose of the Reports of Survey program? |
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Definition
| Research and investigate the cause of loss, damage, or destruction of property; assess monetary liability against individuals who lost, damaged, or destroyed government property and relieve them of liability if it wasn't their fault; provide documentation of accountability; provide commanders with case history for corrective action |
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Term
| What are the steps for processing a report of survey? |
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Definition
| The organization that has possession of the property will initiate the ROS. The Unit Commander (Appointing Authority) will appoint an Investigating Officer to investigate the loss and report back to the Appointing Authority. The case is sent through the legal office for review, and then forwarded to the Wing Commander (Approving Authority) for final decision. |
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Term
| What is the purpose of the Legal Support to Operations Doctrine? |
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Definition
| Focuses on legal advice, considerations, and JA best practices. |
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Term
| What are the three chapters of the legal support to operations? |
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Definition
| Chapter One covers JAG and Command Fundamentals. Chapter Two covers the command and organization of TJAGC. Chapter Three covers the actual legal support provided to the AF |
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Term
| What are some topics covered by TJAGC support to AF? |
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Definition
| Air Warfare, Cyberspace Operations, Space Operations, Information Operations, Homeland Operations, and Rescue Operations |
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Term
| What are the general principles of deployment fiscal law? |
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Definition
| To distinguish between what the Department of State may sell, grant, loan to a foreign country and those activities that DoD conducts as part of a deployment in a foreign country. |
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Term
| What are the five main defense appropriations? |
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Definition
| Military Personnel; Operations and Maintenance; Procurement; Research, Development, Test, and Evaluation; and Military Construction |
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Term
| What must you consider when making expenditures? |
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Definition
| PTA = purpose, time, and amount |
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Term
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Definition
| The Anti-Deficiency Act makes it so that funds for contracting must be authorized and appropriated by Congress with limits regarding PTA. |
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Term
| State facts about Unspecified Minor Military Construction projects. |
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Definition
| Can use funds from Operations and Maintenance and must be under $3 million. It can be $4 million if the project has to do with life and health and safety. May use O&M Funds if under $1 million. |
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Term
| What are the limitations for military construction projects? |
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Definition
| Only two funding sources: MILCON and O&M. 'Specified' projects is over $3 million and must be approved by congress. Unspecified must be under $3 million and can use appropriated funds. |
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Term
| What are some contract fraud issues? |
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Definition
| Product substitution, defective pricing, price fixing, fabrication of records, bribing, false claims, collusion, gratuities, kickbacks, and false claims on invoices |
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Term
| What are the four common methods of contracting? |
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Definition
| Firm Fixed Price, Requirements, Indefinite Quantity, and Time and Materials |
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Term
| What is a combatant under LOAC? |
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Definition
| A person engaged in hostilities against the US who usually openly carries weapons, has a specific uniform or insignia, and operates under law. Is entitled to POW status. |
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Term
| What is a noncombatant under LOAC? |
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Definition
| Any person not engaged in hostilities to include medical personnel, chaplains, civilians, the sick and wounded, and POWs. |
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Term
| What is an unlawful combatant under LOAC? |
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Definition
| Anyone who is engaged in hostilities against the US but does not follow the lawful combatant identifiers. |
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Term
| What is the status of civilian contractors under LOAC? |
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Definition
| Considered noncombatants but is subject to the UCMJ while deployed. |
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Term
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Definition
| A threat, i.e. the planting of a bomb |
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Term
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Definition
| A force taken against the US, i.e. the detonation of a bomb |
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Term
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Definition
| Standing Rules of Engagement; guidance from the President and SecDef that embodies national policy goals, mission requirements, and the rule of law. Prohibits the destruction of religious property, and requires minimal injurt to civilians. |
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Term
| How do you determine the current ROEs? |
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Definition
| Find out the baseline ROEs, the ROEs from the combatant commander, and the supplemental ROEs |
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Term
| What are examples of items covered by SROEs? |
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Definition
| Maritime, Air, Land, Space, and Information Operations |
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Term
| Who is the approval authority for Supplemental ROEs? |
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Definition
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Term
| What are Supplemental ROEs for? |
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Definition
| For commanders to obtain additional authority for specific missions. Designed to limit or grant authority for mission accomplishment purposes. |
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Term
| What are the three forms of classified communication technology? |
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Definition
| Secure Terminal Equipment (STE), The Enhanced Crypto Card (KSV-21), TACLANE for networking |
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Term
| Who has the authority to issue General Orders? |
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Definition
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Term
| What are some examples of common items found in General Orders? |
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Definition
| possession of alcohol, porn, gambling, privately owned weapons, entry into religious sites, adopting pets |
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Term
| What is the purpose of Situation Reports? |
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Definition
| To keep authorities aware of existing political, military, and operational situations and plans. |
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Term
| When do you fill out an After Action Report? |
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Definition
| After deployments or major exercises, within 30 days. |
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Term
| What is a contingency plan? |
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Definition
| A plan for a situation that would likely include military forces, such as manmade disasters, terrorist attacks, and military operations by foreigners. |
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