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GenOIL
PAC
49
Law
Undergraduate 1
03/28/2016

Additional Law Flashcards

 


 

Cards

Term
Where does the FOIA office first send an information request?
Definition
To the Office of Primary Responsibility (whichever office the information pertains to, such as finance or contracting)
Term
If the OPR fully or partially denies the request, where is the request sent?
Definition
The legal office for comment
Term
If the legal office agrees with the denial for information, where is the request sent?
Definition
It is forwarded to the Initial Denial Authority (IDA), which is usually the commander, for final decision
Term
How long does the IDA have to issue a decision?
Definition
20 days from the receipt of the request at the FOIA office
Term
How long do individual agencies have to process the FOIA request?
Definition
10 days
Term
What are the exemptions from releasing information through FOIA?
Definition
Exemption (b)(2)
Exemption (b)(3)
Exemption (b)(6)
Exemption (b)(7)(A)
Term
What is Exemption (b)(2)?
Definition
Records do not have to be released if they relate to personnel rules and practices of an agency
Term
What is Exemption (b)(3)?
Definition
Records do not have to be released if they are exempted by statute
Term
What is Exemption (b)(6)?
Definition
Allows the government to withhold information about personnel and medical files when it's a clear invasion of privacy
Term
What is the purpose of the Privacy Act?
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.
Term
What kind of information does the Privacy Act cover?
Definition
Education records, financial transactions, medical history, criminal or employment history, and identification information such as name, number, symbol, fingerprints, or photographs.
Term
What are the punishments for unauthorized release of Privacy Act information?
Definition
May be found guilty of a misdemeanor and fined a maximum of $5,000.
Term
What is HIPAA?
Definition
The Health Insurance Portability and Accountability Act
Term
What is the purpose of HIPPA?
Definition
To protect the confidentiality of medical information
Term
To whom or when can authorized information be released?
Definition
To treatment, payment, or healthcare operations
The individual or their personal representative
Pursuant to authorization
Specifically allowed by the Privacy Rule
Term
When must an off-duty employment application be submitted?
Definition
When it is required by local or command policy before taking on an off duty job
Term
Who must approve an off-duty employment request?
Definition
The member's supervisor, then the legal office, and then the unit commander for approval
Term
What are the procedures for administering an LOD Determination?
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.
Term
What are the 4 possible findings from an LOD Determination?
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.
Term
What is the purpose of the Reports of Survey program?
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
Term
What are the steps for processing a report of survey?
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.
Term
What is the purpose of the Legal Support to Operations Doctrine?
Definition
Focuses on legal advice, considerations, and JA best practices.
Term
What are the three chapters of the legal support to operations?
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
Term
What are some topics covered by TJAGC support to AF?
Definition
Air Warfare, Cyberspace Operations, Space Operations, Information Operations, Homeland Operations, and Rescue Operations
Term
What are the general principles of deployment fiscal law?
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.
Term
What are the five main defense appropriations?
Definition
Military Personnel; Operations and Maintenance; Procurement; Research, Development, Test, and Evaluation; and Military Construction
Term
What must you consider when making expenditures?
Definition
PTA = purpose, time, and amount
Term
What is the ADA
Definition
The Anti-Deficiency Act makes it so that funds for contracting must be authorized and appropriated by Congress with limits regarding PTA.
Term
State facts about Unspecified Minor Military Construction projects.
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.
Term
What are the limitations for military construction projects?
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.
Term
What are some contract fraud issues?
Definition
Product substitution, defective pricing, price fixing, fabrication of records, bribing, false claims, collusion, gratuities, kickbacks, and false claims on invoices
Term
What are the four common methods of contracting?
Definition
Firm Fixed Price, Requirements, Indefinite Quantity, and Time and Materials
Term
What is a combatant under LOAC?
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.
Term
What is a noncombatant under LOAC?
Definition
Any person not engaged in hostilities to include medical personnel, chaplains, civilians, the sick and wounded, and POWs.
Term
What is an unlawful combatant under LOAC?
Definition
Anyone who is engaged in hostilities against the US but does not follow the lawful combatant identifiers.
Term
What is the status of civilian contractors under LOAC?
Definition
Considered noncombatants but is subject to the UCMJ while deployed.
Term
What is hostile intent?
Definition
A threat, i.e. the planting of a bomb
Term
What is a hostile act?
Definition
A force taken against the US, i.e. the detonation of a bomb
Term
What are the SROEs?
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.
Term
How do you determine the current ROEs?
Definition
Find out the baseline ROEs, the ROEs from the combatant commander, and the supplemental ROEs
Term
What are examples of items covered by SROEs?
Definition
Maritime, Air, Land, Space, and Information Operations
Term
Who is the approval authority for Supplemental ROEs?
Definition
Combatant Commander
Term
What are Supplemental ROEs for?
Definition
For commanders to obtain additional authority for specific missions. Designed to limit or grant authority for mission accomplishment purposes.
Term
What are the three forms of classified communication technology?
Definition
Secure Terminal Equipment (STE), The Enhanced Crypto Card (KSV-21), TACLANE for networking
Term
Who has the authority to issue General Orders?
Definition
Combatant Commanders
Term
What are some examples of common items found in General Orders?
Definition
possession of alcohol, porn, gambling, privately owned weapons, entry into religious sites, adopting pets
Term
What is the purpose of Situation Reports?
Definition
To keep authorities aware of existing political, military, and operational situations and plans.
Term
When do you fill out an After Action Report?
Definition
After deployments or major exercises, within 30 days.
Term
What is a contingency plan?
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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