Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

PAC > Block IV > Flashcards

Block IV Flashcards

PAC: General and Operations Law

1
Q

Freedom of Information Act (FOIA) Directive

A

5 U.S.C. § 552

DoDM 5400.07_AFMAN 33-302

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Freedom of Information Act

A

provides a right of access to federal executive agency records, except those protected from public disclosure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

FOIA Process

A
  1. Written request for information sent
  2. FOIA monitor sends request to the Office of Primary Responsibility (OPR).
  3. OPR reviews and recommends which document(s) apply and recommends exclusions
    –> if full or partial denial is recommended
  4. Request is sent back to the legal office to complete a** legal review** and make changes as necessary.
  5. Sent to IDA
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

OPR

A

Office of primary responsibility maintains the record that is being requested

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

to deny all or part of a FOIA request

A

to censor information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

IDA

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Timeline for IDA to respond to a FOIA denial

A

IDA informs the sender of their decision or pending decision within 20 working days from receipt of request.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is a FOIA “exemption”

A

An information release request is protected from release

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Exemption (b)(1)

A

Prohibits the release of classified information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Exemption (b)(2)

A

States that records do not have to be released if they are related solely to an agency’s internal personnel rules and practices

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Exemption (b)(3)

A

Limits the release of information specifically exempted from disclosure by statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Exemption (b)(5)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Exemption (b)(6)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Exemption (b)(7)(a)

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Privacy Act of 1974

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Privacy Act

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

PII

A

Personally identifiable information - protected under the Privacy Act

individual’s name, identifying numbers, another other identifier specifically assigned to an individual (fingerprint, photo, voiceprint)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Examples of what PA applies to

A
  • education records
  • financial transactions
  • medical history
  • criminal history
  • employment history
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

PA request denials

A

Follows same procedure for FOIA request/denials

  • FOIA/PA –> OPR –> base legal –> OPR –> IDA
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

HIPAA

A

Health Information Portability and Accountability Act

governs access and release of records

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

AFI 41-200

A

Health Insurance Portability and Accountability Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Functions of HIPPA

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Releasability of PHI

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Common reasons JA will request disclosure

A
  • processing cases for court
  • discharge or administrative process
  • OSI review for personnel investigation

urinalysis, autopsy, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Required to complete an Off-Duty Employment Request

A
  • OGE Form 450 Filer (Confidential Financial Disclosure Report)
  • OGE Form 278 Filer (Public Financial Disclosure Report)
  • Belonging to a command which requires this request
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

FLI

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is the typical limit to financial liability for FLI?

A

one month’s base pay

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What does FLI not apply to?

A

non-appropriated funds (NAF)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

DoD 7000.14-R

A

Financial Management Regulations Volume 12, Chapter 7

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

FLI Process

A
  • Research/investigate cause
  • Assess monetary liability
    -** Documentation** to support
  • Provide commanders with case history for corrective action that prevents recurrence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

FLI must be processed within what timeline?

A

90 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Situations in which FLI is mandatory

A

damage, destruction, or loss of…

  • sensitive, classified, or leased property
  • real property
  • government-owned equipment with value over $5000
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

AF members are liable for loss, damage, or destruction caused by their…

A
  • Negligence
  • Willful misconduct
  • Deliberate unauthorized use
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Situations that do not require an FLI

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Joint Ethics Regulations

A

DoD 5500.07-R

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What cannot be given as a gift?

A

Cash or gift cards

34
Q

An employee shall not give a gift to a supervisor except under the following exemptions:

A
  • 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.
35
Q

What is the policy for sitting in first class on official duty?

A

It is prohibited to sit in first class in uniform.

35
Q

When may a member accept on-the-spot travel benefits?

A
  • no additional charge to the federal government
  • available to the public
  • not being offered because of rank/position
36
Q

Explain disqualification to ensure impartiality

A

Members may be disqualified from acting on certain matters if such actions would raise question on their ability to act in an impartial manner.

37
Q

Explain disqualification from matter effecting prosepctive employees

A

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).

38
Q

Primary authority to accept or deny a gift being offered to the DAF

A

Secretary of the Air Force (SAF) under AFPD 51-5, Administrative Law, Gifts, and Command Relationships

39
Q

SAF can delegate gift acceptance authority to AF Academy superintendent when…

A
  • valued at $100,000 or less
  • does not require expenditures
  • does not require annual maintenance above 5% of gift value
40
Q

SAF can delegate the gift acceptance authority to Commanders of installations when…

A
  • 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
41
Q

Delegation of gift receiving authority for property valued at $100,000 or less may be given by and accepted by:

A
  • 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
42
Q

Standard exceptions for employees accepting a gift

A
  • Gifts $20 or less with a total annual value not exceeding $50
  • Gifts based on a personal relationship (family/personal)
  • Discounts and benefits
43
Q

Prior to receiving a gift given to the AF the authority should…

A

seek legal advice

  • cost of the gift
  • type of gift
  • who the gift-giver is
  • who the accepting agent is
44
Q

DAFI 36-3101

A

Fundraising

45
Q

Rules regarding PO fundraising:

A
  • 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
46
Q

Authorized fundraising events

A
  • car washes
  • gift-wrapping
  • thrift shop sales
  • bake sales
  • dances
  • carnivals
  • raffles *
47
Q

Unauthorized fundraising events

A
  • soliciting for cash donations on base
  • alcohol sales on base
  • raffles in the workplace
  • raffles for monetary prizes only
48
Q

Rules for conducting a raffle fundraiser:

A
  • 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
49
Q

Roles of personnel in the approval process for the PO program

A

Installation Commander: approval authority

Mission Support Group (MSG/CC): delegated by the installation CC

Force Support Squadron (FSS): delegated by the MSG/CC

50
Q

Responsibilities of the Installation or MSG/CC regarding PO authorization

A
  • 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
51
Q

Responsibilities of FSS regarding PO authorization

A

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

52
Q

Responsibilities of the legal office regarding PO authorization

A

receives PO request from FSS for review

Offers PO limited legal assistance regarding:
- formation, certification, and recertification
- annual financial reports
- dissolution requests

53
Q

Procedures for reviewing and approving establishment of POs

A
  1. POs develop constitution/bylaws
  2. Send to RM (delegated by installatin CC/MSG) for completion and accuracy review
  3. Sent to legal office for legal review
  4. Final review by installation CC or delegate for consideration and/or approval.
54
Q

Requirements for PO application constitution/bylaws

A
  • nature, function, objectives, members eligibility, and sources of income
  • certification members
  • organization officers and responsibilities
  • disposition of assets upon dissolution
55
Q

Conscientious objection

A

a firm, fixed, and sincere objection to participation in war in any form or bearing arms, because of religious training and/or belief

56
Q

Conscientious objector (CO)

A

A military member who objects to participation in war in any form or bearing arms by reason of religious training and/or belief.

57
Q

Class 1-O Conscientious objector

A

a member who sincerely objects to participation in military service of any kind in a war in any form

58
Q

Noncombatant duties

A
  • 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
58
Q

Class 1-A-O conscientious objectior

A

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

59
Q

DAFI 36-3211

A

Military Separations Conscientious Objectors

60
Q

Roles of Key Players in conscientious objectors:

Secretary of the Air Force (SAF)

A

Establishes policy concerning the processing and disposition of CO applications for the AF

Final decision authority for all CO applicants

61
Q

Roles of Key Players in conscientious objectors:

Squadron commander (SQ/CC)

A

reviews application and makes recommendation.

ensures IO is appointed

removes CO applicant from combatant duties/training until conclusion of the application

62
Q

Roles of Key Players in conscientious objectors:

Military Personnel Section (FSS or MPS)

A

Executes policy and provides training to individuals assigned to Career Development on processing CO applications

63
Q

Roles of Key Players in conscientious objectors:

Career Development (FSS/FSMPD)

A

counsels and assists applicants with CO applications

64
Q

Roles of Key Players in conscientious objectors:

Investigating officer (IO)

A

conducts an investigation of the CO application

65
Q

Roles of Key Players in conscientious objectors:

Chaplain

A

conducts a personal interview with the CO applicant

66
Q

Roles of Key Players in conscientious objectors:

Psychiatrist or Psychologist

A

Conducts a personal interview with the CO applicant

67
Q

CO application must prove these 4 things:

A
  • 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
68
Q

CO application must include (application components):

A
  • separation directive
  • personal information
  • counseling statement
  • any other relevant information they wish to submit to be reviewed
69
Q

Application process

A

Application is turned in to MPS

MPS Screening & Appointment scheduling: chaplain and psychiatrist

Forward results to IO

70
Q

Duties of the IO during CO Application process

A

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

71
Q

MAJCOM/CC and MAJCOM/JA are required to…. regarding CO applications

A

they are each required to review the application and make a recommendation; cannot be delegated to a lower level.

Send to SecAF

72
Q

SecAF role in CO applications

A

Final Decision Authority

73
Q

Upon completion of the IO investigation the report is forwarded to…

A

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.

74
Q

Authority for issuing a debarment order

A

Installation CC

75
Q

Authority for maintaining a debarment order

A

Security Forces Squadron (SFS)

76
Q

Debarment criteria:

A
  • commission of a criminal offense
  • reflects negatively on the image of the U.S. overseas
  • adverse affect on health, safety, or morale of personnel
77
Q

Debarment letter must include:

A
  • period of time for the debarment
  • permanent or temporary
  • options for reinstatement
  • right to appeal the order
78
Q

Doctrine

A

the fundamental principle by which military forces guide their actions to support national objections

Authoritative but not directive, requires judgment in application

79
Q

AFPD 3-84

A

Legal Support

Legal advice, considerations, and JA best practices in support of AF operations

80
Q

Legal Support Doctrine sections

A

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

81
Q

Support to Air Force Operations: Operations Planning

A

TJAGC personnel assist planners in applying legal considerations for deliberate planning and crisis action

  • review for compliance of domestic and international law
82
Q

Support to Air Force Operations: Rules of Engagement

A

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
83
Q

The general principles of fiscal law

A

PTA - to prepare an obligation or make expenditures must consider…

Purpose:
Time:
Availability:

PAC (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions