Item 8

FOIA IMPLEMENTATION RULES OR REGULATIONS

Agency Document Identification Fed. Reg. Ref.
DoD DoD Directive 5400.7 45 F. R. No. 84

24 Mar 1980 29 Apr 1980, Pg 28323

DoD Regulation 5400.7-R 45 F. R. No. 236

Dec 1980 5 Dec 1980, Pg 80502
OSD/OJCS DoD Directive 5400.10 Publication pending
Unified Commands* 6 Jan 1976
DEPT ARMY AR 340-17, Change 1 40 F. R. No. 40

24 Jan 1975 27 Feb 1975, Pg 8335
DEPT NAVY SECNAVINST 5720, 42B 40 F. R. No. 56

13 Feb 1975 21 Mar 75, Pg 12776
DEPT AF AFR 12-30 40 F. R. No. 37

19 Feb 1975 24 Feb 1975, Pg 7901

Interim Message (Not Published)

Change 78-1
DCA DCA Instruction 210-225-1 40 F. R. No. 70

31 Mar 1975 10 Apr 1975, Pg 16203
DCAA DCAA Regulation 5410.5 42 F. R. No. 154

29 Aug 1977, Change 1 10 Aug 1977, Pg 40433
DIA DIA Regulation 12-39 40 F. R. No. 34

26 Jun 1978 19 Feb 1975, Pg 7292
DIS DIS Regulation 01-12 40 F. R. No. 34

14 Feb 1975 19 Feb 1975, Pg 7289
DLA DLA Regulation 5400.14 40 F. R. No. 34

13 Feb 1975 19 Feb 1975, Pg 7282
DMA DMA Instruction 5400.7A 40 F. R. No. 29

12 May 1975 11 Feb 1975, Pg 6336
DNA DNA Instruction 5400.7 Not Published

29 July 1980
NSA NSAICSS Regulation 10-9 40 F. R. No 34

3 Mar 1975

19 Feb 1975, Pg 7303

*The Unified Commands are under the jurisdiction of the OSD instead of the administering Military Depart-

ments only for purposes of administering the DoD FOIA program.

15



Item 5(a)

Exemptions Invoked on Appeal Determinations

Exemptions by Number (522(a))

Reporting
Activity

OSD/OJCS

* DEPT ARMY
DEPT NAVY
DEPT AF
DCA
DCAA
DIA
DIS
DLA
DMA
DNA
NSA 1
CINCLANTCOM
CINCEUCOM
CINCPACOM
CINCREDCOM
CINCSO

DoD Totals

Total*

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70 213 107

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Percent of Total 15.0 1.8 3.8 12.2 37.1 186 11.5 100%

*  *Totals do not agree with Item 4 because of cases where two or more exemptions
were cited.



Item 10A

Availability of Records
(New Categories or segregable portions of records now being released)

None

19



Item 1 —

Item 2 —

Item 3. —

Item 4 —

Item 5 —

Item 6 —
Item 7 —
Item 8 —
Item 9 —

Item 10 —

Item 11 —

CONTENTS

Initial Determinations Resulting in not Providing
All or a Portion of Record Requested

Initial Determinations
(a) Exemptions Invoked
(b) Statutes Invoked
(c) Other Reasons
(Description of ‘‘Other Reasons’’)
Initial Denial Officials by Participation

A. Exemption Denials
B. Other Authority Denials

Number of Appeals and Results

Appeal Determinations

(a) Exemptions Invoked

(b) Statutes Invoked

(c) Other Reasons

Participation of Appellate Authorities

Court Opinions and Action Taken

FOIA Implementation Rules and Regulations
Fees Schedule and Fees Collected

Administrative Efforts

Availability of Records

Calendar Year Costs and Fees Collected
Time Limit Extensions by Agency
Internal Memoranda (number and availability)

Other Information or Recommendations on
Administering FOIA

mDOm>

FOIA Instructional and Education Efforts

Page

URWN

16

19
20
24
25
26

27



Item 9
FEE SCHEDULE AND FEES
COLLECTED

The attached fee schedule, reprinted
from Chapter 6, DoD Regulation
5400.7-R, December 1980, establishes
standard costs collectable by
Department of Defense Agencies.
$249,998 was collected from the
public for making records available.
(See Item 10B for Agency totals).



DEPARTMENT OF DEFENSE REPORTING AGENCIES

(Cont’d)
COST OUTLINE DIS DLA DMA DNA NSA CINCLANT CINCEUCOM
| Personnel Costs
- 1) A. Estimated manyears 0 8.26 0 0 7.37 0 0
B. Cost of manyears (grades considered) 0 147,816 ie) 0 192,296 0 0
2) C. Cost of estimated manhours
by category (fee schedule rates)
. (1) Search time 459 17,183 159 1,832 46,190 0 0
(2) Review & excising 1,210 6,282 1,632 968 12,296 i 0
(3) Coordination & approval 623 8,954 367 1,991 0 O i
(4) Corres, & Form prep. 329 4,823 146 678 0 te) 0
(5) Other activities 148 7,027 441 1,533 0 0 0
(6) Manhour cost total 2,769 44,269 2,745 = 7,002 58,486 0 0
D. Total of IIB and IIC. 2,769 192,085 2,745 7,002 250,782 0 0
E. Overhead rate (25%) 692 48,021 686 1,750 62,695 0 0
F. Total of other costs 3,461 240,106 3,431 8,752 313,477 0 O
" Other Case Related Costs
A. Computer Search Time Costs 119 49,908 0 164 248,130 0 i)
B. Reproduction Costs 152 7,074 115 217 747 0 0
C. Microfiche Reproduction 0 303 0 0 O i) 0
D. Cost of Printed Records 18 1,806 0 15 0 0 0
E. Total of Other Costs 289 59,091 115 396 =. 248,877 i 0
Mm A. Reporting Costs
(1) Operational 104 4,004 225 250 1,536 0O te)
(2) User 0 282 75 0 224 0 0
(3) Overhead (25% of (1) & (2) 26 1,071 75 62 440 0 0
B. Other operating costs (voluntary re-
porting of items such as postal, travel,
computer, etc.) 0 689 0 0 100 0 0
C. TOTAL 130 6,046 375 312 2,300 0
IV Summary
A. Total costs of I-III 3,880 305,243 3,921 9,460 564,654 0 0
B. Amount collected from public te) 71,692 213 388 4,500 0 0

1) Personnel assigned full-time or part-time FOI duties.
2) Personnel other than 1) above

22



6-201 Search Fees

a. Manual Search

Type Grade Hourly Rate ($)
~ Clerical E9/GS8 and below 8

Professional 01-06/GS9-GS-15 16

Executive 07/GS16/ES1 and above 26

b. Computer search is based on direct cost of the central processing unit, input-output
devices, and memory capacity of the actual computer configuration.

c, Actual cost of transporting records or personnel to the search site may be included.

6-202 Duplication Fees

Pipe Cost per Page (")
Printed Material 01
Office Copy 10
Microfiche 25

6-203 Audiovisual Documentary Materials

Search costs are computed as for any other record. Duplication cost is the actual direct cost of
reproducing the material, including the wage of the person doing the work. Audiovisual materials
provided to a requester need not be in reproducible format or quality.

6-204 Other Records

Direct search and duplication cost for any record not described above shall be computed in the
manner described for audiovisual documentary material.



Item 6
(Cont'd)

Name

Title

No. of Instances
of Participation

Dis
Bernard J. O'Donnell
DLA

G. J. Post, LtGen, USAF

DMA

W. L. Nicholson,
MGen, USAF

E. A. Wilkinson, Jr.,
RADM, USN

DNA

Harry A. Griffith,
LtGen, USA

NSA

Daniel C. Schwartz

Director

Director

Director

Deputy Director

Director

FOIA Appeal Authority

DoD Totals

15

21

570

13



DESCRIPTION OF OTHER REASONS

Transferred Request (Appeal):

This category applies when responsibility for making a determination or a decision on
categories listed below is shifted from one Component to another Component/Agency.

Lack of Records:

This category covers situations wherein the requester is advised the agency has no record,
or has no statutory obiligation to create a record.

Failure of Requester to Reasonably Describe Record:
This category is specifically based on Section 522 (a)(3)(A) of the FOIA.
Other Failures by Requesters to Comply with Published Rules and/or Directives:

This category is based on Section 552 (a)(3)(B) of the FOIA and includes instances of failure
to follow published rules concerning time, place, fees, and procedures.

Request (Appeal) Withdrawn by Requester.

This category covers situations when the requester asks an agency to disregard the request
(or appeal) or pursues the request outside FOIA channels.



DMA

DNA

NSA

Item 11
(Cont’d)

The bulk of DMA’s effort with regard to employee training was directed toward
dissemination of useful information to the greatest number of employees
Possible. DMA Headquarters General Counsel and Component Counsel and
Public Affairs Officers also assisted in the educational process by delivering
briefings and lectures to affected personnel concerning the requirements and
implementation of the Act.

Individuals within the Agency responsible for the release of information are
kept current by applicable regulations, Agency policy and current court cases
which are circulated routinely.

The NSA/CSS FOIA Coordinator and an NSA/CSS Attorney responsible for
FOIA matters attended the Sixth Annual Openness in Government Conference,
sponsored by the Federal Bar Association. The NSA/CSS FOIA coordinator
addressed NSA/CSS managers on the FOIA at internal lectures throughout the
year.



Item 10 D

Internal Memoranda
(Including Directives not Published in Federal Register)

Reporting No. Available
Activity No. of Memoranda to Public

OSD/OJCS 1 1
DEPT ARMY

DEPT NAVY

DEPT AF

DCA

DCAA

DIA

DIS

DLA

DMA 1 1
DNA

NSA

CINCLANTCOM

CINCEUCOM

CINCPACOM

CINCREDCOM

CINCSO

DoD Totals 2 2

25



Item 2(a)

Exemptions Invoked on Initial Determinations
Exemptions by Number (522(a))

Reporting Activity 1 2 3 4 5 6 7 8 9 Total*
OSD/OJCS 1113 10 11 48 9 10 0 O 197
DEPT ARMY 95 20 5 230 315 161 401 0 O- 1,227
DEPT NAVY 28 17 14 93 195 107 12 0 O 466
DEPT AF 88 61 18 241 344 358 140 0 O 1,250
DCA 200 0 1 0 00 0 3
DCAA 000 0 5 0 60 0 1
DIA 39 0 33 0 4 1 0 0 0 77
DIS 0 00 0 0 2 14 0 0 34
DLA 0 1 #O 28 15 3 4 0 0 308
DMA 20 0 3 12 1 0 0 0 18
DNA 8 0 1 5 2 3 00 0 19
NSA 81 0179 6 12 7 22 0 0 307
CINCLANTCOM 0 0 0 0 0 0 00 0 )
CINCEUCOM 000 0 0 0 0 0 0 0
CINCPACOM 000 0 0 0 0 0 0 0
CINCREDCOM 000 0 0 0 00 0 ()
CINCSO 000 0 0 0 00 0 0
DoD Totals 454 102 260 874 948 670 609 0 0 3,917
Percent of 11.6 2.6 6.6 22.3 24.2 17.1156 0 0 100%

Total

* Totals may not agree with Item 1 because of cases where two or more exemptions
were cited.



Item 1

Initial Determinations Resulting in not
Providing all or a Portion of Record Requested

Total Demands Reasons
Completed Completed
Reporting Public Reportable Statutory
Activity Requests Requests* Exemptions + Other = Total
OSD/OJCS 1,358 1,397 97 367 464
. DEPT ARMY 28,913 28,913 1,035 862 1,897
DEPT NAVY 7,832 8,524 462 1,185 1,647
DEPT AF 14,219 16,648 891 2,705 3,596
DCA 68 71 2 3 5
DCAA ‘ 150 189 7 109 116
DIA 841 886 44 226 270
DIS 105 105 34 61 95
DLA 2,890 2,890 A 1,390 1,431
DMA 154 188 18 27 45
DNA 94 138 19 73 92
NSA 420 545 179 224 403
CINCLANTCOM 0 0 0 0 0
CINCEUCOM 0 0 0 0 0
CINCPACOM 9 9 0 0 0
CINCREDCOM 0 0 0 0 0
CINCSO 0 0 0 0 0
DoD Totals 57,053 60,503 2,829 7,232 10,061

*A reportable request is that portion of an FO! request resulting in a single record or
group of records pertaining to one general subject area being acted upon by one
IDA who concludes that a single type of determination applies.



Item 7

Court Opinions and Action Taken

No court opinions or orders were issued
against Department of Defense agencies
in 1980 giving rise to a proceeding under
Section 552 (a)(4)(F) of Title 5, U.S.C.

14



Item 2(c)

Other Reasons Cited on Initlal Determinations

Reporting
Activity Category* Total
1 2 3 4 5

OSD/OJCS 313 43 0 o 11 367
DEPT ARMY 385 224 45 194 14 862
DEPT NAVY 454 287 105 185 154) 1,185
DEPT AF 166 1,998 258 167 116] 2,705
DCA 0 2 0 1 #0 3
DCAA 51 34° 21 0 3 109
DIA 37 163 22 0 4 226
DIS 13 32 2 13 1 61
DLA 1,371 10 2 1 6} 1,390
DMA W 14 0 oO 2 27
DNA 25 44 3 0 41 73
NSA 16 155 0 37 #16 224
CINCLANTCOM 0 0 0 oOo 0 0
CINCEUCOM 0 0 0 oO 0 0
CINCPACOM 0 0 0 oOo O 0
CINCREDCOM 0 0 0 0 O 0
CINCSO 0 0 0 oOo 0 0
DoD Totals 2,842 3,006 458 598 328) 7,232

* Types of Categories

Transferred Request.

Lack of Records

Failure of Requester to Reasonably Describe Record
Other Failures by Requesters to Comply with Published Rules and/or Directives.
Request Withdrawn by Requester.

(See following page for description of each category.)

OONS



Item 10 B

Calendar Year Costs and Fees Collected

Reporting Annual
Activity Annual Cost* Fees Collected
OSD/OJCS 624,298 4,882
DEPT ARMY 2,325,477 29,112
DEPT NAVY 887,525 77,444
DEPT AF 1,808,980 51,148
DCA 22,890 190
DCAA 85,000 3,853
DIA 157,728 6,576
DIS 3,880 0
DLA 305,243 71,692
DMA 3,921 213
DNA 9,460 388
NSA 564,654 4,500
CINCLANTCOM 0 0
CINCEUCOM 0 0
CINCPACOM 1,038 0
CINCREDCOM 1,867 0
CINCSO 0 0
DoD Totals 6,801,961 249,998

*Based on reporting procedures established March 16, 1977, to capture a “best estimate”
cost of administering FOIA as amended. The attached cost outline provides a breakdown
of costs by agency.

20



SUMMARY OF
REPORT TO THE CONGRESS

DEPARTMENT OF DEFENSE

FREEDOM OF
INFORMATION ACT

PROGRAM

CY 1980

PREPARED BY:
OFFICE OF THE ASSISTANT SECRETARY

OF DEFENSE, PUBLIC AFFAIRS,

DIRECTORATE FOR FREEDOM OF INFORMATION
AND SECURITY REVIEW



Item 3

(Cont’d)
B. Other Authority Denials*

Number of Officials Categorized | Total
Agency by Instances of Participation Officials
Number of Instances

1 2-3 4-5 6-10 11-20 21-40 41+
OSD/OJCS 7 42 =0 0 0 1 14
DEPT ARMY 1471 «1 3 2 3 12
DEPT NAVY 10 10 5 8 5 4 9 51
DEPT AF 0000 0 0 0 0
DCA 0 1 0 0 0 0 0 1
DCAA 001 5 0 0 1 7
DIA 000 0 0 1 2 3
DIS 000 0 0 0 1 1
DLA 1041 2 0 0 1 5
DMA 3.3 1 «0 1 0 0 8
DNA 0 00 0 0 0 1 1
NSA 110 0 0 0 2 4
CINCLANTCOM 0 0 0 0 0 0 Oo 0
CINCEUCOM 000 0 0 0 0 0
CINCPACOM 0000 0 0 0 0
CINCREDCOM 0000 0 0 0 0
CINCSO 0 00 0 0 0 0 0
DoD Total 23 20 11 16 9 7 21 107

*Other category determination processing is not limited to
statutory exemption denial authorities.



Item 3

Initial Denial Officials by Participation
(Agency Reports List Names and Titles)

A. Exemption Denials

Officials | Number of Officials Categorized Total
Agency Authorized by Instances of Participation Officials*
Number of Instances
1 2-3 4-5 6-10 11-40 414+
OSD/OJCS 35 «15 6 5 4 5 0 35
DEPT ARMY 21 0 1 2 2 4 11 20
DEPT NAVY 99 10 9 5 12 11 9 56
DEPT AF 105 25 27 14 14 20 5 105
DCA 2 0 0 1 0 oOo 0 1
DCAA 7 0 0 1 5 1 1 8
DIA 1 0 0 o 1 3 2 6
DIS. 1 0 0 0 oO O 1 1
DLA 47 4 4 3 5 O 1 7
DMA 26 2 3 1 0 2 0 8
DNA : 1 0 0 0 0 0 1 1
NSA 1 0 1 0 0 1 4 6
CINCLANTCOM 1 0 0 0 0 0 0 0
CINCEUCOM 1 0 0 0 0 0 0 0
CINCPACOM 1 0 0 0 0 0 0 0
CINCREDCOM 1 0 0 0 0 0 0 0
CINCSO 1 0 0 0 0 0 0 0
DoD Totals 351 56 51 32 43 47 35 264

*Total officials may exceed number authorized due to personnel turnover.



DoD

OSD/OJCS

DEPT ARMY

DEPT NAVY

DEPT AF

DCA

DCAA

DIS

Item 11
FOIA INSTRUCTIONAL AND EDUCATIONAL EFFORTS

The lack of a Department-wide training/educational program remains a major
concern in the management of the DoD FOIA program. Resources continue to _
hamper department-wide efforts in this area. Because of the frequent rotation
of personnel in key positions, defense components are encouraged, within
available resources, to conduct their own training/educational programs. This
overall objective is being obtained, and these component efforts are essential
in maintaining the expertise required to efficiently administer the Defense
Program.

Newly assigned personnel in the FOIA Program Director’s Office attend FOIA
conferences sponsored by OPM and other organizations. The Director's office
provides briefings and orientations for personnel in other staff elements and
encourages the participation of FOI personnel in other agencies to attend FOI
conferences, symposia and seminars presented by Federal and private
organizations. This type of training received by OSD and OJCS personnel is
key to the overall success of the program within OSD/OJCS.

Selected personnel of the Army Secretariat receive FOIA training through
workshops, seminars and lectures given by government agencies and private
enterprises. Additionally, several Army Staff agencies provide key personnel
with various FOIA legal and educational training.

Activities within the Department of the Navy report that the workshops and
seminars given by the Office of Personnel Management (OPM), are being
utilized by personnel who coordinate the Freedom of Information Act
Programs. The cost of OPM training, however, now exceeds $100.00 per
person. It is neither economically feasible nor productive to send large
numbers of Navy personnel to the OPM course. The OPM course was
designed with a multi-agency approach to training and simply cannot meet the
specific needs of this Department. It is believed that this Department has
developed the expertise to design, develop, and present formal training
Programs in the provisions of both the Freedom of Information and Privacy
Acts; however, funds to produce such training have not been available.
Therefore, it is strongly recommended that DoD take necessary steps to
procure funds for service-wide training in the near future.

Air Force has a 24 minute film designed to create an interest in and an
understanding of the Freedom of Information Act. The film has received a
wide viewing throughout the Air Force and will continue to be viewed. Air
Force personnel have attended FOIA workshops sponsored by the Office of
Personnel Management and the FOIA has been the subject of briefings at
various conferences throughout the Air Force.

OCA provides a 45 minute briefing to all newly assigned personnel on the FOI
and Privacy Acts. The DCA Headquarters General Counsel and Public Affairs
Officer also assist in the educational process by briefing affected personnel
concerning the requirements of the Act.

Responsible individuals in all regional offices, Headquarters principal staff
elements and Field Audit Managers have access to the Headquarters FOIA
program manager for purposes of clarifying understanding of Agency-wide
policies and procedures, obtaining additional guidance, as well as discussing
real or hypothetical situations for purposes of expanding knowledge. Newly
assigned Regional Records Management Officers and FOIA Coordinators are
provided an 8-hour training and orientation in FOIA policies and procedures at
DCAA Headquarters.

All new DIS agents receive formal instruction regarding the provisions of the
Act and its implementation by DIS. Headquarters personnel have received
detailed on-the-job training and they present training programs to all other
field and staff elements as needed. Extensive formal training has not been
necessary due to the centralized organization of the FOIA mission in DIS.

27



Item 10E (Optional)

Other Information (Opinions) or Recommendations on
Administering FOIA

The NSA/CSS continues to support
efforts to seek legislative relief from
the FOIA such as would have been
obtained by H. R. 5129 in the first
session of the 96th Congress. The
cost benefits of excluding certain
. operational files from FOIA search
are major in terms of personnel and
machine time.

26



Item 2(b)
Statutes Invoked on Initial Determinations

Number of Times DoD
Statute by Agency Total*
; oe
Ooetu
. e727
SRFREFE
GhHntEo
onaaaaaZd
5 U.S.C. 2411 1 1
10 U.S.C. 2202 1 1
18 U.S.C. 798 74 74
18 U.S.C. 1905 851414 41
28 U.S.C. 2071 1 1
42 U.S.C. 2161 2
50 U.S.C. 403 33-80 113
Atomic Energy Act of 1954 1 1 2
Public Law 86-36 173 173
Public Law 80-253 1 1
Agency Totals 10 5 141833 1 328 409

“Total does not agree with 552(b)(3) exemptions because of cases within
NSA where two or more statutes were cited.



CHAPTER VI
FEE SCHEDULE
Section 1
GENERAL PROVISIONS

6-100 Application

The fees described in this chapter apply to FOIA requests. They reflect direct search and dupli-
cation costs, collection of which are permitted by the FOIA. They are neither intended to imply that
fees must be charged in connection with providing information to the public in the routine course of
business nor are they meant as a substitute for any other schedule of fees, such as DoD Instruction
7230.7 (reference (q)).

6-101 Fee Assessment
a. Minimum fees shall not be charged.

b. | When direct search and duplication costs for a single FOIA request total less than $30.00,
fees should be waived automatically. The DoD Components, however, may set aside the automatic
waiver provision when, on the basis of good evidence, the Component can demonstrate that waiver
of fees is not in the public interest. Multiple requests from a single requester or from those acting in
behalf of a single requester in an effort to take advantage of the waiver may create a situation in
which waiver should be denied by the Component.

c. Decisions to waive or reduce fees that exceed the automatic waiver threshold shall be
made on a case-by-case basis. The following circumstances, however, describe the most common
circumstances in which waiver or reduction of fees are most likely to be warranted.

1. No record is located or all records are denied. However, fee charges are appro-
priate if the requester insists upon a search and agrees to such fees after being informed that the
search is likely to be nonproductive or that the records are all likely to be exempt from release.

2. A record is voluntarily created to preclude an otherwise burdensome effort to
provide voluminous amounts of available records including additional information not requested.

3. The records are to be made available in response to a news media requester whose
requests under this regulation are reasonable in scope and frequency.

4. The record is for a nonprofit public interest group and the subject of the requested
record is known to be of wide public interest, and furnishing the information can be considered as
primarily benefiting the general public.

5. A previous denial is reversed in whole or in part and the search and reproduction
costs involved are not substantial.

6-102 Computation of Fees

The fee schedule contained in this chapter is used to compute the search and duplication costs
associated with processing a given FOIA request. Search fees shall be computed based on time
actually spent. Neither time-based nor dollar-based minimum charges for search and duplication are
authorized.

Section 2
COLLECTION OF FEES AND FEE RATES

6-200 Collection of Fees

Collection of charges and fees need not be made in advance of rendering the service unless
the costs are expected to exceed the fee waiver threshold and the requester has not indicated a
willingness in writing to pay. It frequently is more practical to collect charges and fees at the time
of providing the service or property to the recipient when the requester specifically states that the
cost involved shall be acceptable or acceptable up to a specified limit that covers anticipated costs.
Collection of fees in advance is an appropriate requirement only when the requester has not agreed
in writing to pay the anticipated fee or has not honored previous commitments to pay fees that
were owed an agency or component.

17



DEPARTMENT OF DEFENSE REPORTING AGENCIES (Cont'd)

COST OUTLINE CINCPAC CINCRED CINCSO TOTALS

! Personnel Costs

. 1) A. Estimated manyears 10 te) 0 260.99
B. Cost of manyears (grades considered) 625 0 0 4,013,811
2) C. Cost of estimated manhours
by category (fee schedule rates)
a (1) Search time 44 6 0 270,650
(2) Review & excising 92 1,130 0 158,151
(3) Coordination & approval 24 234 oO 189,246
(4) Corres. & Form prep. 10 44 0 95,829
(5) Other activities 28 80 0 109,273
(6) Manhour cost total 198 1,494 0 823,149
D. Total of IIB and I1C 823 1,494 te) 4,836,960
E. Overhead rate (25%) 206 373 i 1,209,238,
F. Total of other costs 1,029 1,867 0 6,046,198
ii) Other Case Related Costs
A. Computer Search Time Costs 0 0 0 392,652
B. Reproduction Costs 9 0 0 138,301
C. Microfiche Reproduction i le) 0 33,392
D. Cost of Printed Records 0 0 ie) 34,468
E. Total of Other Costs 9 0 oO 598,813
ML A. Reporting Costs
(1) Operational 0 0 0 58,784
(2) User 0 0 0 16,480
(3) Overhead (25% of (1) & (2) 0 0 0 18,814
B. Other operating costs (voluntary re-
porting of items such as postal, travel,
computer, etc.) i) 0 0 63,372
C. TOTAL 0 0 O 157,450
Vv Summary
A. Total costs of I-lIl 1,038 1,867 0 6,801,961
B. Amount collected from public 0 0 0 249,998

4) Personnel assigned full-time or part-time FOI duties.
2) Personnel other than 1) above

23



Agency

Abbreviation

OsD/OJCS

Dept. Army
Dept. Navy
Dept. AF
DcA
DCAA

DIA

Dis

DLA

DMA

DNA

NSA

CINCLANTCOM

CINCEUCOM

CINCPACOM

CINCREDCOM

CcINCSO

Department of Defense
Reporting Agencies under the Freedom of Information Act
(As of December 31, 1980)

Agency

Office of the Secretary of Defense
(Including the Organization of the

Joints Chiefs of Staff)
Secretary of the Army
Secretary of the Navy

Secretary of the Air Force

Defense Communications Agency

Defense Contract Audit Agency
Defense Intelligence Agency
Defense Investigative Service
Defense Logistics Agency
Defense Mapping Agency
Defense Nuclear Agency

National Security Agency
Central Security Service

Commander-in-Chief, Atlantic
Command

Commander in-Chief, U.S.
European Command

Commander-in-Chief,
Pacific Command

Commander-in-Chief, U.S.
Readiness Command

Commander-in-Chief, U.S.
Southern Command

Agency Head

Harold Brown

Clifford L. Alexander

Edward Hidalgo

Hans M. Mark

LtGen W. J. Hilsman, USA
Frederick Neumann

LtGen Eugene F. Tighe, Jr,. USAF
Bernard J. O'Donnell

LtGen Gerald J. Post, USAF
MGen W. L. Nicholson, III, USAF
LtGen Harry A. Griffith, USA

VADM Bobby R. Inman, USN
Adm H. D. Train, USN

Gen B. W. Rogers, USA
Adm R. L. J. Long, USN

Gen V. L. Warner, USA

LtGen W. H. Nutting, USA



Item 5(b)
Statutes Invoked on Appeal Determinations

DoD
Statute Number of Times by Agency Totals*
=
(o} =
S20
. asd 2508
ess e828o
Sees eae qe does
. Q a
BRERoSoLeSSER 22222
oagagqgqagqaagadaaanaaZzo0uu000
Title 18 U.S.C. 798 1 12 13
Title 50 U.S.C. 403 3 12 15
18 U.S.C. 1905 1 1 2
Public Law 86-36 2 14 16
Agency Totals 1 21 3 1 38 46

*Total does not agree with 552(b)\(3) exemptions because of cases within NSA where two or more statutes
were cited.

10



Item 6

PARTICIPATION OF APPELLATE AUTHORITIES
(Those Responsible for Denials in Whole or in Part)

Name

Title

No. of Instances
of Participation

OSD/OJCS

Thomas B. Ross

Thomas F. Lambert
DEPT ARMY

Clifford L. Alexander
DEPT NAVY
Coleman S. Hicks

C. E. McDowell
RADM, JAGC, USN

John S. Jenkins
RADM, JAGC, USN

James J. McHugh
RADM, JAGC, USN

R. G. Moore, COL, USMC.
DEPT AF

Robert J. McCormick
Robert W. Crittenden

Guido J. Casari, Jr.

DCAA
Frederick Neuman
DIA

E. F. Tighe, LtGen,
USAF

A. L. Kelln, RADM, USN

R. X. Larkin, MGen, USA

Assistant Secretary of Defense
(Public Affairs)

Principal Deputy ASD (Public Affairs)

Secretary of the Army

General Counsel

Judge Advocate General

Judge Advocate General

Acting Judge Advocate General

Acting Judge Advocate General

Administrative Assistant, Secretary
of the Air Force

Deputy Administrative Assistant,
Secretary of the Air Force

Chief, General Litigation Division,
Office of the Judge Advocate General,
HQ, USAF

Director

Director

Deputy Director

Chief of Staff

135

44

42

53

184

7

12



Agency

Abbreviation

OsD/OJCS

Dept. Army

Dept. Navy

Dept. AF

DCA

DCAA

DIA

DIs

DLA

DMA

DNA

NSA

CINCLANTCOM

CINCEUCOM

CINCPACOM

CINCREDCOM

CcINCSO

Department of Defense
FOI Appeal and Program Officials

Appellate

Authority

Thomas B. Ross
Ass'‘t SecDef Public Affairs

General Counsel
Secretary of the Army

Judge Advocate General!
General Counsel for
Secretary of the Navy

Robert J. McCormick
Admin Ass't to the Secretary of the
Air Force

LtGen W. J. Hilsman, USA
Director

Darrel J. Oyer
Ass’t Director, Resources

John Brock
DIA Counsel

Bernard J. O'Donnell
Director

LtGen Gerald J. Post,
USAF, Director

RAdm E. L.
USN, Deputy Director

LtGen Harry A. Griffith, USA.
Director

N. Z. Caracristi
Appellate, FOIPrivacy

Thomas B. Ross
Ass‘t SecDef Public Affairs

Thomas B. Ross
Ass't SecDef Public Affairs

Thomas B. Ross
Ass’t SecDef Public Affairs

Thomas B. Ross
Asst SecDef Public Affairs

Thomas B. Ross
Ass't SecDef Public Affairs

Program
Official

Charles W. Hinkle

Director, FOI and Security
Review, OASD/PA

Guy Oldaker
Chief, Records Mgmt Division
The Adjutant General Center

Donald Carr
PA/FOIA Coordinator
Naval Records Mgmt Division OPNAV

Charles C. Ratcliff
OPR for Freedom of Information
Documentation Systems Division

John T. Whealen
General Counsel

Ms. Connie Miller
Records Administrator

R. Herbert Holzbauer
Reference Library Branch
Central Reference Division
Deputy Director for Support

LTC Dale L. Hartig, USA
Ass’t for Information

Colonel R. F. McCormack, USA
Staff Director, Administration

Edward J. Obloy
General Counsel

Major Dale F. Keller Jr., USA
Public Affairs Officer

Eugene F. Yeates
Chief, Office of Policy

CDR H. L. Matson, USN
Public Affairs Officer

Mr. Frank Lane
Records Management & Privacy Officer

Col R. G. Ament, USA, Chief, HO
Administrative Division

LTC William N. Hall, USA
Adjutant General

LCDR E. T. Lindberg, USN
Assistant Legal Advisor



DEPARTMENT OF DEFENSE REPORTING AGENCIES

COST OUTLINE OSD/OJCS ARMY NAVY AF DCA DCAA DIA

| Personnel Costs
1) A. Estimated manyears 43.82 94.72 25.61 76.51 60 1.37 2.63
B. Cost of manyears (grades considered) 435,511 1,507,608 500,092 1,087,851 16,800 56,153 69,059
2) C. Cost of estimated manhours
by category (fee schedule rates)

- (1) Search time 12,975 68,551 45,471 65,249 190 3,242 9,099
(2) Review & excising 13,852 42,397 18,225 62,712 1,200 1,262 4,893
(3) | Coordination & approval 5,707 42,744 44,317 79,741 i) 2,700 1,844
(4) Corres. & Form prep. 1,425 25,492 20,007 40,813 54 768 1,240
(5) Other activities 3,527 34,471 11,837 40,693 0 962 8,526
(6) | Manhour cost total 37,486 213,655 139,857 279,208 1,444 8,934 25,602
D. Total of 1B and IIC 472,997 1,721,263 639,949 1,367,059 18,244 65,087 94,661
E. Overhead rate (25%) 118,249 430,316 159,987 341,765 4,561 16,272 23,665
F. Total of other costs 591,246 2,151,579 799,936 1,708,824 22,805 81,359 118,326
iH Other Case Related Costs
A. Computer Search Time Costs 1,356 43,722 14,419 9,871 0 0 24,963
B. Reproduction Costs 2,021 64,681 25,207 34,777 85 1,905 1,311
C. Microfiche Reproduction 5 28,768 1,652 2,145 O ) 519
D. Cost of Printed Records 2,420 3,692 7,182 8,123 0 125 11,087
E. Total of Other Costs 5,802 140,863 48,460 54,916 85 2,030 37,880
Ml A. Reporting Costs
(1) Operational 750 15,024 15,015 19,369 0 1,289 1,218
(2) User 1,050 420 13,695 734 0 0 0
(3) Overhead (25% of (1) & (2) 450 3,861 7177 5,026 0 322 304
B. Other operating costs (voluntary re-
porting of items such as postal, travel,
computer, etc.) 25,500 13,730 3,242 20,111 0 0 O
C. TOTAL 27,250 33,035 39,129 45,240 0 1,611 1,522
IV Summary
A. Total costs of I-III 624,298 2,325,477 887,525 1,808,980 22,890 85,000 157,728
B. Amount collected from public 4,882 29,112 77,444 51,148 190 3,853 6,576
1) Personnel assigned full-time or part-time FO! duties. Note: Figures may not add due to rounding

2) Personnel other than 1) above

21



OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE

WASHINGTON, D.C. 20301

PUBLIC AFFAIRS

February 24, 1981

This Summary Report has been issued as an overview of the Department
of Defense performance in the Freedom of information Program during
Calendar Year 1980, as required by subsection 3 (d), Section 552 of
Title 5, United States Code. The enclosed pages were included with
the seventeen separate Defense Agency reports transmitted to Congress
as the 'Report to the Congress, Freedom of Information’, CY 1980.

Data on each item required by Congress is presented in chart and statis-
tical form reflecting overall Agency and Department of Defense totals.

/ Ka

Charles W. HinkYe

Director, Freedom of Information
and Security Review



Item 10C

Time Limit Extensions by Agency

HW & Ul

Reporting Unusual Circumstances Court TOTAL
Activity Location Volume Consultation Involvement
OSD/OJCS 16 11 19 46
DEPT ARMY 0 0 0 0
DEPT NAVY 0 15 0 15
DEPT AF 24 33 165 222
DCA 0. 0 0 0
DCAA 19 20 0 39
DIA 0 1 0 1
DIS 0 6 0 6
DLA 0 3 0 3
DMA 0 0 0 0
DNA 0 0) 7 7
NSA 0 0 0 0
CINCLANTCOM 0 0 0 0
CINCEUCOM 0 0 0 0
CINCPACOM 0 0 0 0
CINCREDCOM 0 0 0 0
CINCSO 0 0 0 0
DoD Totals 59 89 191 339

24



Item 4

Number of Appeals and Results

Reporting
Activity Number of Appeals

Granted Granted in Part Denied Total
OSD/OJCS 4 4 11 19
DEPT ARMY 19 50 66 135
DEPT NAVY 18 41 100 159
DEPT AF 18 60 126 204
DCA 0 0 0 0
DCAA 0 0 1 1
DIA 0 1 6 7
DIS 0 0 2 2
DLA 4 9 2 15
DMA 1 0 3 4
DNA 0 1 2 3
NSA 2 5 14 21
CINCLANTCOM 0 0 0 0
CINCEUCOM 0 0 0 0
CINCPACOM 0 0 0 0
CINCREDCOM 0 0 0 0
CINCSO 0 0 0 0
DoD Totals 66 171 333 570



Item 5(c)
Other Reasons Cited on Appeal Determinations

Reportin:
Activity 9 Category* Total

3

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OSD/OJCS
DEPT ARMY
DEPT NAVY
DEPT AF

DCA

DCAA

DIA

DIS

DLA

DMA

DNA

NSA
CINCLANTCOM
CINCEUCOM
CINCPACOM
CINCREDCOM
CINCSO

Ow
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DoD Totals

“Types of categories

. Transferred Appeal

Lack of Records

Failure of Requester to Reasonably Describe Record

Other Failures by Requesters to Comply with Published Rules and/or Directives
Request withdrawn by requester.

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