Stremple, John L.

Taylor, Wesley B., Jr.

Timenes, Nicolai, Jr.

Trosch, Dennis H.

Tyrrell, John T.

Van Alstyne, John A.

Volkman, Alfred G.

Warner, Edward L., IIT

Weidmann, Kent

Wermuth, Michael A.

Wetherill, Rick

Wiles, John A.

William, James H.

Civ

BrigGen

Civ

Civ

Col

BrigGen

Civ

Civ

Civ

Civ

Civ

Director, Department of Defense Dependents
Schools

Deputy Assistant Secretary of Defense (Policy
and Missions), Assistant Secretary of Defense
(Special Operations and Low Intensity Conflict)

Principal Director, Deputy Assistant Secretary
(Military Personnel and Policy), Assistant
Secretary of Defense (Force Management),
Under Secretary of Defense (Personnel and
Readiness)

Deputy General Counsel (Acquisition and
Logistics), General Counsel

Director, Public Affairs, United States Atlantic
Command

Director, SCJ3, United States Southern
Command

Principal Director, Assistant Secretary of
Defense (Economic Security)

Assistant Secretary of Defense (Strategy and
Requirements)

Deputy Assistant Secretary of Defense (Asian
and Pacific Affairs), Assistant Secretary of
Defense (International Security Affairs)

Deputy Assistant Secretary of Defense (Drug
Enforcement Policy and Support)

Director, Resources, Deputy Assistant
Secretary of Defense (Requirements and Plans),
Assistant Secretary of Defense (Strategy and
Requirements)

Director, Defense Evaluation Support Activity,
Under Secretary of Defense (Acquisition and
Technology)

Acting Director, Deputy Assistant Secretary of
Defense (Near East and South Asian Affairs),
Assistant Secretary of Defense (International
Security Affairs)

16



Couto, C. Douglass
Culkowski, V. W.
Deaustin, Bradley J.
Delligatti, Robert S.
Dimitt, Ted A.

Dorger, John M.

Doucet, Dennis E.
Druyen, Darleen A.
Dula, Leslie M.
Euretig, Joseph G.

Fairchild, Deborah A.

Friedlander, Leonard
Furcron, Wyckliffe, S.G.
Garry, Peter

Germann, John A.

Gilmore, Deborah

LtCol

Civ

Col

MajGen

Capt

Col
Col

Col

Col

LtCol

LtCol

Civ

Chief, Office of Information Management,
Headquarters Air Intelligence Agency

Deputy Director, Plans and Requirements,
Assistant Chief of Staff, Intelligence,
Headquarters United States Air Force

Judge Advocate, Air Force Academy

Chief of Staff, Headquarters United States Air
Forces in Europe

Acting Director, Information Management,
United States Air Force Reserve

Vice Commander, Air Force Academy

Deputy Director, Corporate Information,
Headquarters Air Force Materiel Command

Deputy Assistant Secretary (Acquisition), Office
of the Secretary of the Air Force

Chief, Office of Information Management,
Headquarters Air Mobility Command

Staff Judge Advocate, Sacramento Air Logistics
Center, Air Force Materiel Command

Chief, Information Resources, Headquarters Air
Force Command, Control, Communications and
Computer Agency

Vice Director, Standard Systems Center, Air
Force Materiel Command

Acting Staff Judge Advocate, Space and Missile
Center, Air Force Materiel Command

Commander, Air Force Office of Special
Investigations

Director, Resource Management, Standard
Systems Center, Air Force Materiel Command

Chief, Administrative Services, Air National
Guard

37

16

11

20

158

57


Ridenour, R.I.
Ridenour, R.I.

Riggs, R.K.

Rossi, R.R.

Rowley, A.

Rushing, J.M.

Russo, F.V., Jr.

‘Saalfeld, F.E.
Sareeram, R.R.

Schmitt, C.H.

Schwab, C.T.

Setser, R.H.

Shaffer, R.L.

Smith, G.R.

Spane, RJ.

Starr, M.W.

Sterner, G.R.

RAdm

Capt

Capt

Capt

Lt

Capt

VAdm

Lt

VAdm

Acting Chief, Bureau of Medicine and Surgery

Commander, National Naval Medical Center,
Bethesda, MD, Naval District of Washington.

Assistant Deputy Chief of Staff for Installations
and Logistics, Headquarters Marine Corps,
Washington, DC

Deputy Assistant Judge Advocate General,
Admiralty

Commanding Officer, Naval Station, Panama,
United States Atlantic Fleet

Director, Afloat Safety Program, Naval Safety
Center

Staff Judge Advocate, Naval Base, San Diego,
United States Pacific Fleet

Director, Office of Naval Research

Director, Supply Programs and Policy Division
(N41), Office of the Chief of Naval Operations

Deputy Director, Naval Nuclear Propulsion
Program (NOON), Office of the Chief of Naval

Operations

Assistant Force Judge Advocate, Naval Reserve
Force

Commander (Acting), Submarine Group 9, United
States Pacific Fleet

Auditor General of the Navy

Executive Officer, Engineering Field Activity,
Chesapeake, Naval Facilities Engineering
Command

Commander, Naval Air Force, United States
Pacific Fleet

Staff Judge Advocate, Naval Intelligence
Command

Commander, Naval Sea Systems Command

33

12

11
15

30

69



Schlechter, Alvin E.

Sconyers, Ronald T.

Sgroi, Anthony S.

Shelton, James B.

Slipsky, Richard E.

Smallwood, Glenn H.

Smith, Jean P.

Springer, Aaron S.

Stanford, Kenneth L.

Stephens, William E.

Stewart, Cynthia J.

Sullivan, C. Chavis

Sullivan, James M.

Tanner, Morris A., Jr.

Teiber, Joseph F., Jr.

Tillstrom, Richard P.

Col
Col
LtCol
Col
Col
Col

Civ

Maj
Col
Col

Col

LtCol

Col
Col

Col

Col

Staff Judge Advocate, Air Force Development
Test Center, Air Force Materiel Command

Director of Public Affairs, Office of the Secretary
of the Air Force

Acting Chief, Office of Information
Management, Headquarters Air Combat
Command

Commander, 696 Intelligence Group

Acting Staff Judge Advocate, Ogden Air
Logistics Center, Air Force Materiel Command

Deputy Director, Corporate Information,
Headquarters Air Force Materiel Command

Acting Chief, Information Security, Chief of
Security Police, Headquarters United States Air
Force

Acting Staff Judge Advocate, Sacramento Air
Logistics Center, Air Force Materiel Command

Vice Commander, Air Force Technical
Applications Center

Director of Inspection, Office of The Inspector
General, Office of the Secretary of the Air Force

Director, Information Management,
Headquarters United States Air Forces in
Europe

Director of Information Management,
Headquarters Pacific Air Forces

Commander, 497 Intelligence Group

General Counsel, Army and Air Force Exchange
Service

Director, Information Management, United
States Air Force Reserve

Staff Director, Air Force Military Personnel
Center

42

31

62

10

15

148

41
63



Burton, Jeffrey E.

Cavallini, Nathaniel M.

Cooke, David O.

Covais, Ronald T.

Crawford, Cameron M.

Crist, George B.
Davidson, Ronald A.

Deegan, Gene A.

Dellermann, Frank J.

Dix, Mary A.

Dube, L. P.

Dyke, Charles W.
Ellis, Robert L.

Ewing, Blair

Fee, Stephen C.

Col

Civ

Civ

Civ

Col

MajGen

Civ

MajGen
Civ

Civ

Civ

MajGen

Civ

Col

Deputy Commander, Joint Intelligence Center
Pacific, United States Pacific Command

Deputy Assistant Secretary of Defense
(Programs and Research)

Director, Administration and Management,
Washington Headquarters Services

Director, Inter-American Region, Deputy
Assistant Secretary of Defense (Inter-American
Affairs), Assistant Secretary of Defense
(International Security Affairs)

Commander, 89th Operational Group,
Headquarters, 89th Airlift Wing

Vice Director, Joint Staff

Deputy Comptroller (Program/Budget),
Comptroller/Chief Financial Officer

Vice Director, Joint Staff

Director, Strategy Forces and Operations,
Assistant Secretary of Defense (Nuclear
Security and Counter Proliferation)

Vice President, Administration and
Management, Uniformed Services University of
Health Sciences

Deputy Comptroller (Program/Budget),
Comptroller/Chief Financial Officer

Vice Director, Joint Staff

Director, East Asia and Pacific Affairs, Deputy
Assistant Secretary of Defense (Asian and
Pacific Affairs), Assistant Secretary of Defense
(International Security Affairs)

Director, Management Improvement, Deputy
Comptroller (Management Systems),
Comptroller/Chief Financial Officer

Commander, United States Military Group El
Salvador, United States Southern Command

10

1

14



document or documents, solely in order to avoid payment of fees. When a Component
reasonably believes that a requester or, on rare occasions, a group of requesters acting in
concert, is attempting to break a request down into a series of requests for the purpose of
avoiding the assessment of fees, the agency may aggregate any such requests and charge
accordingly. One element to be considered in determining whether a belief would be
reasonable is the time period in which the requests have occurred. For example, it would be
reasonable to presume that multiple requests of this type made within a 30 day period had
been made to avoid fees. For requests made over a longer period; however, such a
presumption becomes harder to sustain and Components should have a solid basis for
determining that aggregation is warranted in such cases. Components are cautioned that
before aggregating requests from more than one requester, they must have a concrete basis
on which to conclude that the requesters are acting in concert and are acting specifically to
avoid payment of fees. In no case may Components aggregate multiple requests on
unrelated subjects from one requester.

6-106 Effe lection L. 97-:

The Debt Collection Act of 1982 (P.L. 97-365) provides for a minimum annual rate of
interest to be charged on overdue debts owed the Federal Government. Components may
levy this interest penalty for any fees that remain outstanding 30 calendar days from the
date of billing (the first demand notice) to the requester of the amount owed. The interest
rate shall be as prescribed in 31 U. S. C. 3717 (reference (ae)). Components should verify
the current interest rate with respective Finance and Accounting Offices. After one
demand letter has been sent, and 30 calendar days have lapsed with no payment,
Components may submit the debt to respective Finance and Accounting Offices for
collection pursuant to the Debt Collection Act of 1982.

6-107 Computation of Fees

The fee schedule in this Chapter shall be used to compute the search, review (in the
case of commercial requesters) and duplication costs associated with processing a given
FOIA request. Costs shall be computed on time actually spent. Neither time-based nor
dollar-based minimum charges for search, review and duplication are authorized.

Section 2
COLLECTION OF FEES AND FEE RATES
6-200 Collection of Fees

Collection of fees will be made at the time of providing the documents to the
requester or recipient when the requester specifically states that the costs involved shall be
acceptable or acceptable up to a specified limit that covers the anticipated costs. Collection
of fees may not be made in advance unless the requester has failed to pay previously
assessed fees within 30 calendar days from the date of the billing by the DoD Component,
or the Component has determined that the fee will be in excess of $250 (see paragraph 6-
104).

70



Wylie, P. C. Capt Deputy Assistant Judge Advocate General

(General Litigation)
DEPARTMENT OF THE AIR FORCE
Willson, Walter A. Civ Assistant General Counsel, Office of the
Secretary of the Air Force
DEFENSE CONTRACT AUDIT AGENCY
Van Santen, John Civ Assistant Director, Resources

DEFENSE FINANCE AND ACCOUNTING SERVICE

None

DEFENSE INTELLIGENCE AGENCY
Berbrich, John T. Civ Chief of Staff
Clift, Denis A. Civ Chief of Staff

DEFENSE INVESTIGATIVE SERVICE
Donnelly, John F. Civ Director

DEFENSE INFORMATION SYSTEMS AGENCY

None

DEFENSE LOGISTICS AGENCY
Farrell, L. P., Jr. MajGen Principal Deputy Director

DEFENSE MAPPING AGENCY
Urbik, L. W. Capt Chief of Staff

52

123

73

23
30



Item 5(c)

r Reasons Cit n_ Ay 1 Determinations

Component.
OSD/JS
‘Dept Army 201
[Dept Navy
(Dept Air Force
IDCAA

DFAS

‘DIA

DIS

DISA

DLA

DMA

IDNA

INRO

INSA/CSS

OIG, DOD

DOD Totals

Category* _
a

i

&E ol |

avn wooroe & w SE Ip
e

Bo nla

arse an ory & oS

i
©
~
iy

_
eveoocooocorososocs

ecoococe cescseoeocoevws

lo
2

welocooocooseoscorw sce cserew COIS

Jjeccoorososooor
|

614)

* Types of Categories

1. Transferred Request

2. Lack of Records

3. Failure of Requester to Reasonably Describe Record

4. Other Failures by Requester to Comply with Published Rules and/or
Directives

5. Request Withdrawn by Requester

6. Not an Agency Record

(see page 8 for description of each category)

50



John J. Nagle v. United States Navy, C.A. No. 94-10128, U.S.D.C. MA. Plaintiff was
sent to Captain’s Mast in 1992 after being accused of cheating on a written exam. Plaintiff

filed a FOIA request for the release of the exam and all documents relating to the case.
The command responded with a partial release on July 21, 1993. Plaintiff filed a FOIA
appeal on August 24, 1993. The appeal was denied on November 17, 1993. Plaintiff
currently preparing a petition to the Board for Correction of Naval Records (BCNR).
Plaintiff was sent a stipulation for the withdrawal of the complaint. Plaintiff signed the
stipulation and the requested documents were released for the sole purpose of allowing
plaintiff to prepare his petition to BCNR. Awaiting final court order (i.e., Judge will
dismiss case).

Henry Smalls v. Department of the Navy, C.A. No. 2-93-3190-8, U.S.D.C. SC. Plaintiff
is the father of an 11 year old girl who died July 8, 1993, as a result of a swimming accident
at the Naval Hospital, Charleston, swimming pool. Plaintiff alleges he has been
unsuccessful in obtaining information. Motion to Dismiss granted. Case closed March 1,
1994.

Joseph A. Camardo, Jr. v. Department of the Navy, C.A. No. 92-CV-935,
U.S.D.C.N.D. NY. Case filed July 21, 1992, involving two causes of action: (1) Camardo
made request to Naval Sea Systems Command (NAVSEA) for contract materials on March
11, 1992. On June 5, 1992, NAVSEA refused to expedite the request which it is processing
under Open America. (2) Camardo made request to Defense Logistics Agency (DLA) May 6,
1992. DLA had not responded to Camardo. On March 30, 1993, the Court denied the
Government’s Motion to Dismiss or in the alternative for summary Judgment, concluded
that the Navy was exercising due diligence but that the backlog of similar FOIA requests
did not constitute exceptional circumstances. The Court ordered the Navy to complete its
response to the request within six months of the date of the order. The Court was notified
that processing was complete on September 27, 1993. On May 24, 1994, the Navy filed a
Motion to Dismiss or for Summary Judgment. Camardo’s request for attorney's fees was
denied. On October 5, 1994, the Court issued an order granting in part and denying in part
the Motions for attorney’s fees and to dismiss the action (as noted above).

Foxe, °C. A No. ‘04-1040, U. §.D.C. D.C., May 11, 1994. Plaintiff led 2 a FOIA request
which was not answered within the statutory time limit, so plaintiff filed suit. The
requested documents were released and a stipulated dismissal was filed.

DEFENSE LOGISTICS AGENCY

Novamarine America v. DLA, et al., C.A. No. 92-1630-CIV-T-99B, U.S.D.C.M.D. FL.
Reverse FOIA action. A Preliminary Injunction was issued in 1993 to prevent Defense
Contract Management District South (DCMD South and Defense Contract Management
Area Office Orlando from releasing documents that had been requested under FOIA by Dr.
Camardo to the DoN and DoD. A settlement was reached between parties, and the case
was dismissed on November 1993, but DLA was not notified until 1994.

56



Item 9

Fee Schedule and Fees Collected

The fee schedule on pages 61 through 74, reprinted from Chapter VI, DoD Regulation
5400.7-R, October 1990, with Change 1, May 10, 1991, establishes standard costs
collectable by Department of Defense Agencies.

$1,266,279.15 was collected from the public for making records available during the year
1994 (see item 10(b), page 76 for agency totals).

60



Exemptions

Item 5(a)

Kk

n_Aj

Determination:

[ ' r (6 U.S.C. 552(b)) _ ee |
Component i 6 7) Bo} Total
OSD/JS 3 0 9 1 0 0 31
‘Dept Army 22 5 184| 139) 0 0 595)
Dept Navy 28} 8 123] 140} 0) 0 425
Dept Air Force 2 3 8 6 37 32 25 0 0 113]
IDCAA. 0 0 0 0 1 0 0 0 0 1
DFAS 0 0 0 0 0 0 0 0 0 0
[DIA 38) 38 0 0 0 25 0 0 0 101
DIS 0 0 0 1 0 0 0 0 0} 1
[DISA 0 0 0 0 0 0 0 0 0}
0 0 0 2 4 1 1 0 0| 8]
0 0 1 0 0 1 1 0 0 3]
1 0 1 1 1 1 0 0 0 5
2 0 0 0 0 0 0 0 0 2
1) 108 3 1 0 0 0 0 148}
0 0} 1 1 13 16 0 0 31
_95|_181| _62| 328] 2 0 Ae
9% _4% [orl onl

“Total may not agree with denials in Item 4 because of cases where two
or more exemptions were cited.

48



France, Edward W.

Frenette, Richard |

Frost, John W.

Futch, Michael

Gaines, Toni M.

Garner, Jay M.

Gauger, Raymond A.

Gile, Greg L.

Gilmore, Deborah

Ginnetti, Neil R.

Gliebe, Gerald

Godbey, Monica M.

Graham, David E.

Griffith, Ronald H.
Guinan, William J.
Hall, Loretta

Lte

Civ
Col
Civ

Civ

MajGen

BrigGen

Civ
Civ
Civ

Civ

Col
LtGen
Civ
Civ

Chief Counsel and Staff Judge Advocate,
United States Army Test and Evaluation
Command

Counsel, Humphreys Engineer Center District,
Corps of Engineers

Commander, United States Army Reserve
Personnel Center

Chief Counsel, Tobyhanna Army Depot
Acting/Designated Principal Assistant

Responsible for Contracting, United States
Army Forces Command

Assistant Deputy Chief of Staff for Operations
and Plans, Force Development

Director for Acquisition, United States Army
Training and Doctrine Command

Acting Director, Assistant Deputy Chief of Staff
for Operations and Plans, Operations,
Readiness and Mobilization

Chief, Administrative Services, National Guard
Bureau

Acting Assistant Secretary of the Army for
Financial Management

Attorney/Advisor, United States Army Tank-
Automotive and Armaments Command

Chief, Policy and Procedure Office, United
States Army Information Systems Selection
and Acquisition Agency

Chief, International and Operational Law
Division, Office of the Judge Advocate General

The Inspector General
Counsel, United States Army Audit Agency

Freedom of Information Act Coordinator,
Deputy Chief of Staff for Operations and Plans

20

10

67

50

29

12

20

212
11



Gray, Jon K.

Hannan, Stephen J.

Henabray, William M.

Hobson, James L., Jr.

Holt, Lake B. III

Hopson, Everett G.

Howard, Olin A.

Hughes, Lee H.

Hurd, Joseph E.

Idrogo, Samuel

Jaeger, James A.

Johnson, Jeanne M.

Jones, Michael L.

Jones, William E.

Capt

Civ

Col

MajGen

Civ

Col

MajGen

Civ

BrigGen

LtCol

Col

MajGen

Director, Information Management,
Headquarters Pacific Air Forces

Director, Information Systems Support, Air
Reserve Personnel Center

Staff Judge Advocate, Ogden Air Logistics
Center, Air Force Materiel Command

Commander, Headquarters Air Force Special
Operations Command

Staff Judge Advocate, Warner Robins Air
Logistics Center, Air Force Materiel Command

Chief, General Law Division, Office of The
Judge Advocate General, Headquarters United
States Air Force

Director, Corporate Information, Headquarters
Air Force Materiel Command

Vice Director, Standard Systems Center, Air
Force Materiel Command

Assistant Deputy Under Secretary
(International Affairs), Office of the Secretary of
the Air Force

Chief, Commander’s Action Office, San Antonio
Air Logistics Center, Air Force Materiel
Command

Commander, Air Force Technical Applications
Center

Deputy Director, Information Management,
Headquarters Air Education and Training
Command

Director, Information Management,
Headquarters United States Air Forces in
Europe

Director, Forces, Deputy Chief of Staff, Plans
and Operations, Headquarters United States
Air Force

38

11

134

18

25

11

217



g. Representatives of the news media. Fees shall be limited to only reasonable
standard charges for document duplication (excluding charges for the first 100 pages) when

the request is made by a representative of the news media. Requesters must reasonably
describe the records sought (see paragraph 1-507).

1. The term "representative of the news media" refers to any person actively
gathering news for an entity that is organized and operated to publish or broadcast news to
the public. The term "news" means information that is about current events or that would
be of current interest to the public. Examples of news media entities include television or
radio stations broadcasting to the public at large, and publishers of periodicals (but only in
those instances when they can qualify as disseminators of "news") who make their products
available for purchase or subscription by the general public. These examples are not meant
to be all-inclusive. Moreover, as traditional methods of news delivery evolve (e. g.,
electronic dissemination of newspapers through telecommunications services), such
alternative media would be included in this category. In the case of "freelance" journalists,
they may be regarded as working for a news organization if they can demonstrate a solid
basis for expecting publication through that organization, even through not actually
employed by it. A publication contract would be the clearest proof, but Components may
also look to the past publication record of a requester in making this determination.

: 2. To be eligible for inclusion in this category, a requester must meet the
criteria in subparagraph 6-104, g.1., above, and his or her request must not be made for
commercial use. A request for records supporting the news dissemination function of the
requester shall not be considered to be a request that is for a commercial use. For example,
a document request by a newspaper for records relating to the investigation of a defendant
in a current criminal trial of public interest could be presumed to be a request from an
entity eligible for inclusion in this category, and entitled to records at the cost of
reproduction alone (excluding charges for the first 100 pages).

3. “Representative of the news media" does not include private libraries,
private repositories of Government records, or middlemen, such as information vendors or
data brokers.

h. All Other Requesters. Components shall charge requesters who do not fit into
any of the above categories, fees which recover the full direct cost of searching for and
duplicating records, except that the first two hours of search time and the first 100 pages of
duplication shall be furnished without charge. Requesters must reasonably describe the
records sought (see paragraph 1-507). Requests from subjects about themselves will
continue to be treated under the fee provisions of the Privacy Act of 1974 (reference (af)),
which permit fees only for duplication. Components are reminded that this category of
requester may also be eligible for a waiver or reduction of fees if disclosure of the
information is in the public interest as defined under subparagraph 6-103, a., above. (See
also subparagraph 6-104, c.2.).

6-105 Aggregating Requests
Except for requests that are for a commercial use, a Component may not charge for

the first two hours of search time or for the first 100 pages of reproduction. However, a
requester may not file multiple requests at the same time, each seeking portions of a

69



ee

Department of Defense

Reporting Agencies

Under the Freedom of Information Act

Dept Army

Dept Navy

Dept Air Force
-DCAA

DFAS

DIA

DIS
DISA

DLA
DMA

DNA

NRO
NSA/CSS

OIG, DOD

Office of the Secretary of Defense
(Including the Joint Staff)

Secretary of the Army
Secretary of the Navy
Secretary of the Air Force
Defense Contract Audit Agency

Defense Finance and Accounting
Service

Defense Intelligence Agency

Defense Investigative Service

Defense Information Systems Agency

Defense Logistics Agency

Defense Mapping Agency

Defense Nuclear Agency

National Reconnaissance Office

National Security Agency/Central
Security Service

Office of the Inspector General,
Department of Defense

Hon William J. Perry

Hon Togo D. West, dr.
Hon John B. Dalton

Hon Sheila E. Widnall
Mr. William H. Reed

Mr. John P. Springett
LtGen James R. Clapper,
USAF

Mr. John F. Donnelly

LtGen Robert J. Edmonds,
USAF

VAdm Edward M. Straw, USN

MajGen Raymund E. O'Mara,
USAF

MajGen Kenneth L.
Hagemann, USAF

Mr. Jeffrey K. Harris

VAdm John M. McConnell,
USN

Mr. Derek J. Vander Schaaf



6-206 Costs for Special Services

Complying with requests for special services is at the discretion of the Components.
Neither the FOIA, nor its fee structure cover these kinds of services. Therefore,
Components may recover the costs of special services requested by the requester after
agreement has been obtained in writing from the requester to pay for one or more of the
following services:

a. Certifying that records are true copies.
b. Sending records by special methods such as express mail, etc.
Section 3
COLLECTION OF FEES AND FEE RATES FOR TECHNICAL DATA

6-300 Fees for Technical Data

a. Technical data, other than technical data that discloses critical technology with
military or space application, if required to be released under the FOIA, shall be released
after the person requesting such technical data pays all reasonable costs attributed to
search, duplication and review of the records to be released. Technical data, as used in this
Section, means recorded information, regardless of the form or method of the recording of a
scientific or technical nature (including computer software documentation). This term does
not include computer software, or data incidental to contract administration, such as
financial and/or management information. DoD Components shall retain the amounts
received by such a release, and it shall be merged with and available for the same purpose
and the same time period as the appropriation from which the costs were incurred in
complying with request. All reasonable costs as used in this sense are the full costs to the
Federal Government of rendering the service, or fair market value of the service, whichever
is higher. Fair market value shall be determined in accordance with commercial rates in
the local geographical area. In the absence of a known market value, charges shall be
based on recovery of full costs to the Federal Government. The full costs shall include all
direct and indirect costs to conduct the search and to duplicate the records responsive to the
request. This cost is to be differentiated from the direct costs allowable under Section 2 of
this Chapter for other types of information released under the FOIA.

b. Waiver. Components shall waive the payment of costs required in subparagraph
6-300, a., above, which are greater than the costs that would be required for release of this
same information under Section 2 of this Chapter if:

1. The request is made by a citizen of the United States or a
United States corporation, and such citizen or corporation certifies that the technical data
requested is required to enable it to submit an offer, or determine whether it is capable of
submitting an offer to provide the product to which the technical data relates to the United
States or a contractor with the United States. However, Components may require the
citizen or corporation to pay a deposit in an amount equal to not more than the cost of
complying with the request, which will be refunded upon submission of an offer by the
citizen or corporation;

72



6-201 Search Time

a. Manual Search

Type Grade : Hourly
Rate($)
Clerical E9/GS8 and below . 12
Professional 01-06/GS9-GS/GM15 25
Executive 07/GS/GM16/ES1 and above 45

b. Computer Search

Computer search is based on direct cost of the central processing unit,
input-output devices, and memory capacity of the actual computer configuration. The
salary scale (equating to paragraph a. above) for the computer operator/programmer
determining how to conduct and subsequently executing the search will be recorded as part
of the computer search.

6-202 Duplication
Type
Pre-Printed material 02
Office copy 15
Microfiche 25

Computer copies (tapes or printouts) Actual cost of duplicating the tape or
printout (includes operator's time and
cost of the tape)

6-203 Review Time (in the case of commercial requesters)

Type Grade Hourly
Rate($)
Clerical E9/GS8 and below 12
Professional 01-06/GS9-GS/GM15 25
Executive 07/GS/GM16/ES1 and above 45
6-204 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.
6-205 Other Records

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

71



d. Paper prints (engineering drawings), 1.50
each

e. Paper reprints of microfilm indices, each 10

3. Review Time

Type Grade Hourly Rate ($)
Clerical E9/GS8 and below 13.25
(Minimum Charge) 8.30

Professional and Executive (To be established at actual hourly rate

prior to review. A minimum charge will be established at 1/2 hourly rates)

d. Other Technical Data Records
Charges for any additional services not specifically provided subparagraph 6-

300, c., above, consistent with DoD Instruction 7230.7 (reference (r)), shall be made by
Components at the following rates:

apoE

. Each typewritten page.
. Certification and validation with seal, each.
. Hand-drawn plots and sketches, each hour or fraction thereof.

Minimum charge for office copy (up to six images)
Each additional image .

14



Lewis, W.H.

Lichtman, D.M.

Linder, B.R.

Little, W.

Livingston, J.E.
Markwell, G.A.

Mazach, J.J.

McBride, L.

McCamy, W.C.

McClelland, T.L.

McCurry, R.A.
McMahon, K.

Miller, MJ.

Mobley, J.S.

Mooberry, W.J.
Moore, E., Jr.

Munninghoff, J.M.

Myac, R.H.

Cdr

Capt

LtCdr

MajGen

Capt

Capt

Capt

Capt
Capt

Capt

Capt

Capt

Acting Commanding Officer, Engineering Field
Activity, West, Naval Facilities Engineering
Command

Commander, National Naval Medical Center,
Bethesda, MD, Naval District of Washington

Deputy (Acting) and Chief of Staff, Naval Surface
Force, United States Pacific Fleet

Acting Deputy Assistant Judge Advocate General,
Investigations

Commander, Marine Forces Reserve

Deputy Commander, Naval Computer and
Telecommunications Command

Director, Strategy and Policy Division (N51),
Office of the Chief of Naval Operations

Acting Deputy Commander, Naval Computer and
Telecommunications Command

Chief of Staff, Naval Base, Jacksonville, United
States Atlantic Fleet

Deputy, Naval Education and Training Activities
Acting Commander, Navy Recruiting Command
Deputy Assistant Judge Advocate General, Legal
Assistance

Commanding Officer, Fleet and Industrial Supply
Center, Guam, Naval Supply Systems Command

Commander, Carrier Group 2, United States
Atlantic Fleet

Executive Director, Naval Safety Center
Commandant, Naval District of Washington

Commanding Officer, Naval Air Station, Key
West, United States Atlantic Fleet

Commanding Officer, Marine Corps Logistics
Base, Barstow, CA

31

14

12

116

11



Williamson, Molly K. Civ Deputy Assistant Secretary of Defense (Middle
East and African Affairs), Assistant Secretary
of Defense (International Security Affairs)

Wilson, Charles C. Civ Assistant Deputy, Deputy to the Under
Secretary of Defense (Policy) for Policy Support

Yauch, David W. LtCol —_ Executive Assistant, Strategic Planning and
Policy Directorate, United States Pacific
Command

Zakem, Jeffrey S. Capt Director, Public Affairs, United States Atlantic
Command

Zimble, James A. Civ President, Uniformed Services University of
Health Sciences

DEPARTMENT OF THE ARMY

Abbott, James T. Civ Chief Counsel, Corpus Christi Army Depot

Adams, Phillip E. Civ Attorney Advisor, Office of the Chief Counsel,
Rocky Mountain Arsenal

Ahinseki, Erik K. BrigGen Director, Assistant Deputy Chief of Staff for
Operations and Plans, Training

Anderson, Bruce Civ Division Counsel-Transatlantic District, Corps
of Engineers

Anderson, Edward G MajGen Assistant Deputy Chief of Staff for Operations
and Plans, Force Development

Armstrong, Charles BrigGen Director, Assistant Deputy Chief of Staff for
Operations and Plans, Force Programs

Bagley, Claude Civ Division Counsel-Lower Mississippi Valley
District, Corps of Engineers

Bailey, Robert B. Col Chief, of Staff, Third United States Army/Army
Central Command

Baines, E. Darden Civ Chief, Administrative Services, National Guard
Bureau

Baratz, Max MajGen Chief, Army Reserve

17

15

20

23



Moore, Edward J.

Moore, James R., Jr.

Morgan, Henry S., Jr.

Nardotti, Michael J., Jr.

Neveu, Michael

Nugent, Diane M.

Oder, Joseph E.

“Owens, Billy E.

Page, Reba

Pantalone, Shelley

Paule, Sally

Pavlik, Donald C.

Pearce, William E.

Phillips, Zane

LtCol

Col

Maj

MajGen

Ltc

Civ

BrigGen

Civ

Civ

Civ

Civ

Col

Civ

Civ

Principal Assistant Responsible for
Contracting, United States Army South

Information Management Officer, Office of the
Deputy Chief of Staff for Personnel

Executive Officer, United States Army Safety
Center

The Judge Advocate General

Acting Chief, Standards of Conduct Office,
Office of the Judge Advocate General

Acting Chief, Labor and Employment Law
Division, Office of the Judge Advocate General

Director, Assistant Deputy Chief of Staff for
Operations and Plans, Horizontal Technological
Integration

Principal Assistant Responsible for
Contracting, United States Army Intelligence
and Security Command

Division Counsel-Ohio River District, Corps of
Engineers

Freedom of Information Officer, United States
Army Tank-Automotive and Armaments
Command

Senior Intelligence Assistant, United States
Army Intelligence and Security Command

Chief of Staff, United States Army Community
and Family Support Center

Chief, Freedom of Information/Privacy Office,
United States Army Intelligence and Security
Command

Principal Assistant Responsible for
Contracting, United States Army Strategic
Defense Command

23

81

36

219



Bush, Brian X.

Cisneros, Marc A.

Ciummo, David

Clagett, David

Cohen, Martin

Corman, Roger

Cox, Joseph

‘Davies, Jeffrey W.

Depner, Ronald

DiGiovani, Joseph

Douglas, Alfred

Doyle, Gregory

Ellerson, John C.

Evans, Bruce C.

Ford, Laura

Fowler, Joseph C., Jr.

Col

MajGen
Civ

Civ

Capt
Civ

Ltc

Civ

Civ

Col

Col

MajGen

Maj

Civ

Col

Acting Commander, United States Army
Claims Service, Office of the Judge Advocate
General

Acting The Inspector General

Principal Assistant Responsible for
Contracting, United States Army Information
Systems Command

Principal Assistant Responsible for
Contracting, United States Army Europe

Assistant Chief Counsel for Litigation, Corps of
Engineers
Chief Counsel, Tooele Army Depot

Division Counsel-North Atlantic District, Corps
of Engineers

Secretary to the General Staff, United States
Army Medical Research and Material
Command

Chief, Compliance Section, United States Army
Tank-Automotive and Armaments Command

Division Counsel-New England District, Corps
of Engineers

Principal Assistant Responsible for
Contracting, Military District of Washington

Principal Assistant Responsible for
Contracting, United States Army Medical
Research and Material Command
Director, Strategy, Plans and Policy

Command Judge Advocate, United States Army
Dugway Proving

Freedom of Information Act Coordinator,
United States Army Tank-Automotive and
Armaments Command

Commander, United States Army Claims
Service, Office of the Judge Advocate General

19

79

54


Nanos, G.P.
Nash, D.J.

Neubauer, R.D.

Newman, R.C.

ONeill, D.L.

Oliver, J.T.

Ostag, W.P.

Ott, K.

Padgett, P.T.

Parker, S.J.

Peters, J.C.

Peters, R.K.

Preda, S.D.

Rayford, M.

Reyes, W.

Reynolds, A.A.
Riddell, R.A.

Capt

Capt

Civ

Lt

Capt

Capt

Capt

Director, Strategic Systems Programs

Commander, Pacific Division, Naval Facilities
Engineering Command

Staff Judge Advocate, Naval Air Systems
Command

Force Judge Advocate, United States Naval
Forces Japan, United States Pacific Fleet

Chief of Staff, Naval Aviation Activities,
Jacksonville, United States Atlantic Fleet

Deputy Assistant Judge Advocate General,
Administrative Law

Executive Officer, Southwest Division, Naval
Facilities Engineering Command

Assistant Director, Office of Civilian Personnel
Management-Eastern Region

Staff Judge Advocate, Naval Security Group
Command

Deputy Staff Judge Advocate, Naval Criminal
Investigative Service

Commander, Logistics Group 2, United States
Atlantic Fleet

Director, Office of Civilian Personnel
Management

Command Adjutant, Marine Corps Development
Command, Quantico, VA

Administration Officer, Naval Information
Systems Management Center

Acting Director, Administration Support Division,
Navy-Marine Corps Appellate Review Activity

Fleet Judge Advocate, United States Pacific Fleet

Commander, Naval Base Seattle, United States
Pacific Fleet

32

215

19

13



Mock, William G.

Molholm, Kurt N.

Murdock, Clark

Myers, Charles D.

Neal, R. I.

Newberry, Robert

O'Donnell, William K.

Ostovich, Rudolph, IIT

Passarella, Anthony H.

Peksens, Rudolf F.

Quigley, Stephen T.

Ra'anan, Michael Y.
Rangel, Hector M.

Register, Ronnie H.

Rhame, Thomas G.

Civ

Civ

Civ

Col

LtGen

Civ

Civ

MajGen

Civ

BrigGen

Capt

Civ
Col

Civ

MajGen

Regional Director, Deputy Assistant Secretary
of Defense (Inter American Affairs), Assistant
Secretary of Defense (International Security
Affairs)

Administrator, Defense Technical Information
Center

Deputy Director, Deputy Under Secretary of
Defense (Policy Planning)

Staff Judge Advocate, United States Strategic
Command

Deputy Commander in Chief/Chief of Staff,
United States Central Command

Principal Director, Deputy Assistant Secretary
of Defense (Drug Enforcement Policy and
Support), Assistant Secretary of Defense
(Special Operations and Low-Intensity Conflict)

Director, Plans, Programs and Administration,
Assistant Secretary of Defense (Command,
Control, Communications and Intelligence)
Vice Director, Joint Staff

Acting Director, Freedom of Information and
Security Review, Assistant to the Secretary of
Defense (Public Affairs)

Director, SCJ5, United States Southern
Command

Deputy Director, Strategy and Policy Division
(N51B), Chief of Naval Operations

General Counsel, On Site Inspection Agency

Acting Director, Management, Assistant to the
Secretary of Defense (Public Affairs)

Deputy Director, Management, Advanced
Research Projects Agency

Director, Defense Security Assistance Agency

14

12

17



2. The release of technical data is requested in order to comply
with the terms of an international agreement; or,

3. The Component determines in accordance with subparagraph
6-103, a., above, that such a waiver is in the interest of the United States.

c. Fee Rates
1. Search Time
(i) Manual Search
Type Grade Hourly Rate ($)
Clerical E9/GS8 and below 13.25
(Minimum Charge) 8.30

Professional and Executive (To be established at actual hourly rate
prior to search. A minimum charge will be established at 1/2 hourly rates)

(ii) Computer search is based on the total cost of the central
-processing unit, input-output devices, and memory capacity of the actual computer
configuration. The wage (based upon the scale in subparagraph 6-300, c.1. (i), above) for
the computer operator and/or programmer determining how to conduct, and subsequently
executing the search will be recorded as part of the computer search.

2. Duplication
Type Cost
Aerial photographs, specifications, permits, $2.50
charts, blueprints, and other technical
documents
Engineering data (microfilm)

a. Aperture cards

Gi) Silver duplicate negative, per card 75
When key punched and verified, per card 85
Gi) Diazo duplicate negative, per card 65
When key punched and verified, per card 15
b. 35mm roll film, per frame -50
c. 16mm roll film, per frame 45

73



Item 8

FOIA Implementation Rules or Regulations

OSD/JS

Dept Army

Dept Navy

Dept Air
Force

DIA

DIS

DISA

DLA

"DoD Freedom of Information Act (FOIA)
Program"

“The Army Freedom of Information Act
Program"

“Availability of Department of Navy
Records and Publication of Department of
the Navy Documents Affecting the Public"

"Air Force Freedom of Information Act
Program"

"Defense Contract Audit Agency (DCAA)
Freedom of Information Act Program"

"Defense Intelligence Agency (DIA)
Freedom of Information Act"

"Defense Investigative Service Freedom of
Information Practices"

"Defense Information Systems
Agency/Office of the Manager, National
Communications System (DISA/OMNCS)
Freedom of Information Act Program"

"Defense Logistics Agency (DLA) Freedom
of Information Act Program"

58

32 CFR 286

32 CFR 518

32 CFR 701

32 CFR 806, as amd by FR
Vol. 59, No. 193, 6 Oct 94

32 CFR 290

32 CFR 292

32 CFR 298, as amd by FR,
Vol. 59, No. 87, 6 May 94

(pending revision)

32 CFR 287

32 CFR 1285



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Gaffney, P.G., II
Gallagher, T.M.
Goetz, G.F.

Grant, F.1.
Green, M.G.
Greene, T.W.

Gunn, T.E.
Gustavson, F.P.

Hagen, D.F.
Hamm, E.R.

Hammond, G.R.
Hanel, L.E.
Hannas, M.D
Hickman, D.E.
Hlinka, G.

Hull, R.

Irvin, E.E.

LtCdr

Lt

Capt
LtCdr

Capt

VAdm

Capt

Capt

Civ

Cdr

Capt

Commander, Naval Meteorology and
Oceanography Command

Staff Judge Advocate, Naval Criminal
Investigative Service

Assistant Force Judge Advocate, Naval Reserve
Force

Director, Naval Council of Personnel Boards
Staff Judge Advocate, Naval Postgraduate School

Force Judge Advocate, United States Naval
Forces Japan, United States Pacific Fleet

Commanding Officer, Southwest Division, Naval
Facilities Engineering Command

Commander, Submarine Group 5, United States
Pacific Fleet

Chief, Bureau of Medicine and Surgery

Commanding Officer, Engineering Field Activity,
Chesapeake, Naval Facilities Engineering
Command

Deputy Director, Afloat Safety Program, Naval
Safety Center

Commander (Acting), Naval Base Seattle, United
States Pacific Fleet

Acting Deputy Assistant Judge Advocate General,
Claims and Tort Litigation

Vice Commander, Naval Supply Systems
Command

Deputy Assistant Judge Advocate General,
Investigations

Vice Commander, Naval Air Warfare Center
(Weapons), China Lake, CA, Naval Air Systems
Command

Deputy Assistant Judge Advocate General, Civil
Affairs

29

881

10

164

42



lead to a significant public understanding of the issue. Components shall not make value
judgments as to whether the information is important enough to be made public.

2. Disclosure of the information "is not primarily in the commercial interest
of the requester."

(i) The existence and magnitude of a commercial interest. If the

request is determined to be of a commercial interest, Components should address the
magnitude of that interest to determine if the requester's commercial interest is primary,
as opposed to any secondary personal or non-commercial interest. In addition to profit-
making organizations, individual persons or other organizations may have a commercial
interest in obtaining certain records. Where it is difficult to determine whether the
requester is of a commercial nature, Components may draw inference from the requester's
identity and circumstances of the request. In such situations, the provisions of paragraph
6-104, below, apply. Components are reminded that in order to apply the commercial
standards of the FOIA, the requester's commercial benefit must clearly override any
personal or non-profit interest.

(i) The primary interest in disclosure. Once a requester's commercial

interest has been determined, Components should then determine if the disclosure would
be primarily in that interest. This requires a balancing test between the commercial
interest of the request against any public benefit to be derived as a result of that disclosure.
Where the public interest is served above and beyond that of the requester's commercial
interest, a waiver or reduction of fees would be appropriate. Conversely, even if a
significant public interest exists, and the relative commercial interest of the requester is
determined to be greater than the public interest, then a waiver or reduction of fees would
be inappropriate. As examples, news media organizations have a commercial interest as
business organizations; however, their inherent role of disseminating news to the general
public can ordinarily be presumed to be of a primary interest. Therefore, any commercial
interest becomes secondary to the primary interest in serving the public. Similarly,
scholars writing books or engaged in other forms of academic research, may recognize a
commercial benefit, either directly, or indirectly (through the institution they represent);
however, normally such pursuits are primarily undertaken for educational purposes, and
the application of a fee charge would be inappropriate. Conversely, data brokers or others
who merely compile government information for marketing can normally be presumed to
have an interest primarily of a commercial nature.

d. Components are reminded that the above factors and examples are not all
inclusive. Each fee decision must be considered on a case-by-case basis and upon the merits
of the information provided in each request. When the element of doubt as to whether to
charge or waive the fee cannot be clearly resolved, Components should rule in favor of the
requester.

e. In addition, the following additional circumstances describe situations where
waiver or reduction of fees are most likely to be warranted:

1. A record is voluntarily created to preclude an otherwise burdensome effort

to provide voluminous amounts of available records, including additional information not
requested.

65



estimates are entitled to such before committing to a willingness to pay. Should
Component estimates exceed the actual amount of the estimate or the amount agreed to by
the requester, the amount in excess of the estimate or the requester's agreed amount shall
not be charged without the requester's agreement.

5. No DoD Component may require advance payment of any fee; i. e.,
payment before work is commenced or continued on a request, unless the requester has
previously failed to pay fees in a timely fashion, or the agency has determined that the fee
will exceed $250.00. As used in this sense, a timely fashion is 30 calendar days from the
date of billing (the fees have been assessed in writing) by the Component.

6. Where a Component estimates or determines that allowable charges that
a requester may be required to pay are likely to exceed $250.00, the Component shall notify
the requester of the likely cost and obtain satisfactory assurance of full payment where the
requester has a history of prompt payments, or require an advance payment of an amount
up to the full estimated charges in the case of requesters with no history of payment.

7. Where a requester has previously failed to pay a fee charged in a timely
fashion (i. e., within 30 calendar days from the date of the billing), the Component may
require the requester to pay the full amount owed, plus any applicable interest, or
-demonstrate that he or she has paid the fee, and to make an advance payment of the full
amount of the estimated fee before the Component begins to process a new or pending
request from the requester. Interest will be at the rate prescribed in 31 U. S. C. 3717
(reference (af)), and confirmed with respective Finance and Accounting Offices.

8. After all work is completed on a request, and the documents are ready for
release, Components may request payment before forwarding the documents if there is no
payment history on the requester, or if the requester has previously failed to pay a fee in a
timely fashion (i. e., within 30 calendar days from the date of the billing). In the case of the
latter, the previsions of subparagraph 6-104, b.7., above, apply. Components may not hold
documents ready for release pending payment from requesters with a history of prompt
payment.

9. When Components act under subparagraphs 6-104, 1 through 7, above,
the administrative time limits of the FOIA (i.e., 10 working days from receipt of initial
requests, and 20 working days from receipt of appeals, plus permissible extensions of these
time limits) will begin only after the Component has received a willingness to pay fees and
satisfaction as to category determination, or fee payments (if appropriate).

10. Components may charge for time spent searching for records, even if that
search fails to locate records responsive to the request. Components may also charge
search and review (in the case of commercial requesters) time if records located are
determined to be exempt from disclosure. In practice, if the Component estimates that
search charges are likely to exceed $25.00 it shall notify the requester of the estimated
amount of fees, unless the requester has indicated in advance his or her willingness to pay
fees as high as those anticipated. Such a notice shall offer the requester the opportunity to
confer with Component personnel with the object of reformulating the request to meet his
or her needs at a lower cost.

67



c. Commercial Requesters. Fees shall be limited to reasonable standard charges for
document search, review and duplication when records are requested for commercial use.
Requesters must reasonably describe the records sought (see paragraph 1-507).

1. The term "commercial use" request refers to a request from, or on behalf
of one who seeks information for a use or purpose that furthers the commercial, trade, or
profit interest of the requester or the person on whose behalf the request is made. In
determining whether a requester properly belongs in this category, Components must
determine the use to which a requester will put the documents requested. Moreover, where
a Component has reasonable cause to doubt the use to which a requester will put the
records sought, or where that use is not clear from the request itself, Components should
seek additional clarification before assigning the request to a specific category.

2. When Components receive a request for documents for commercial use,
they should assess charges which recover the full direct costs of searching for, reviewing for
release, and duplicating the records sought. Commercial requesters (unlike other
requesters) are not entitled to two hours of free search time, nor 100 free pages of
reproduction of documents. Moreover, commercial requesters are not normally entitled toa
waiver or reduction of fees based upon an assertion that disclosure would be in the public

- interest. However, because use is the exclusive determining criteria, it is possible to

envision a commercial enterprise making a request that is not for commercial use. It is also
possible that a non-profit organization could make a request that is for commercial use.
Such situations must be addressed on a case-by-case basis.

d. Educational Institution Requesters. Fees shall be limited to only reasonable
standard charges for document duplication (excluding charges for the first 100 pages) when
the request is made by an educational institution whose purpose is scholarly research.
Requesters must reasonably describe the records sought (see paragraph 1-507). The term
“educational institution" refers to a pre-school, a public or private elementary or secondary
school, an institution of graduate high education, an institution of undergraduate higher
education, an institution of professional education, and an institution of vocational
education, which operates a program or programs of scholarly research.

e. Non-Commercial Scientific Institution Requesters. Fees shall be limited to only
reasonable standard charges for document duplication (excluding charges for the first 100
pages) when the request is made by a non-commercial scientific institution whose purpose
is scientific research. Requesters must reasonably describe the records sought (see
paragraph 5-107). The term "non-commercial scientific institution" refers to an institution
that is not operated on a "commercial" basis as defined in subparagraph 6-104, c., above,
and which is operated solely for the purpose of conducting scientific research, the results of
which are not intended to promote any particular product or industry.

f. Components shall provide documents to requesters in subparagraphs 6-104, d.
and e., above, for the cost of duplication alone, excluding charges for the first 100 pages. To
be eligible for inclusion in these categories, requesters must show that the request is being
made under the auspices of a qualifying institution and that the records are not sought for
commercial use, but in furtherance of scholarly (from an educational institution) or
scientific (from a non-commercial scientific institution) research.

68



DEPARTMENT OF THE NAVY

Adams, W.

Ayres, L.A.

Barker, M.D.

Baumgardner, H.W.

Becker, F.R.
Bennett, D.M.
Bien, L.G.
Blair, D.C.

Bond, J.N.

Bowman, M.E.

Brewer, S.A.

Buchholz, R.

Buffington, J.E.

Burns, J.D.

Cantrell, W.H.

Chandler, D.F.

Lt

Capt

Capt

Civ

Capt
VAdm

Capt

Staff Judge Advocate, Chief of Naval Air
Training, Naval Education and Training
Activities

Vice Commander, Atlantic Division, Naval
Facilities Engineering Command

Commander (Acting), Amphibious Group 3,
United States Pacific Fleet

Assistant to Staff Judge Advocate, Naval
Intelligence Command

Legal Counsel, Bureau of Naval Personnel
Inspector General
Commander, Naval Space Command

Commander, Cruise Destroyer Group 5, United
States Pacific Fleet

Staff Judge Advocate, Fleet Air Mediterranean,
United States Naval Forces, Europe

Deputy Assistant Judge Advocate General,
General Litigation

Commanding Officer, Marine Corps Air Station,
Twakuni, JA

Acting Commanding Officer, Engineering Field
Activity, West, Naval Facilities Engineering
Command

Commanding Officer, Navy Public Works Center,
Wash Navy Yard, Naval Facilities Engineering
Command

Deputy, Naval Security Group Command

Commander, Space and Naval Warfare Systems
Command

Vice Commander, Military Sealift Command

26

10

16

32
39



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DMA

DNA

NRO

NSA/CSS

OIG, DOD

Capt L. W. Urbik, USN, Chief
of Staff

MajGen Kenneth L. Hagemann,
USAF, Director

Mr. Jimmie D. Hill, Deputy
Director

Mr. William P. Crowell, Deputy
Director

Mr. Nicholas Lutsch, Assistant
Inspector General for
Administration and Information
Management

Mrs. Helen Sharetts-Sullivan,
Associate General Counsel

LtCol Deborah G. Irby, USA,
Public Affairs/Freedom of
Information Officer

Mr. Michael P. Healy, Director,
External Relations

Mr. Louis A. Baer, Acting
Director of Policy

Ms. Nadine Dulacki, Chief,
Freedom of Information Act and
Privacy Act Office



Department of Defense
FOI Appeal and Program Officials

OSD/JS

Dept Army

Dept Navy

Dept Air Force

DFAS

DIA

DIS

DISA

DLA

Mr. Clifford H. Bernath,
Principal Deputy Assistant to
the Secretary of Defense (Public
Affairs)

Hon Lawrence Baskir, Deputy
General Counsel

RAdm H. E. Grant, USN, Judge
Advocate General/Hon Steven
S. Homigman, General Counsel
of the Navy

Mr. Walter A. Willson Assistant
General Counsel

Mr. John H. van Santen,
Assistant Director, Resources
Mr. John P. Springett, Director

Mr. John T. Berbrich, Chief of
Staff

Mr. John F. Donnelly, Director
LtGen Robert J. Edmonds,
USAF, Director

VAdm Edward M. Straw, USN,
Director

Mr. Anthony H. Passarella,
Director, Freedom of Information
and Security Review

Mrs. Rose Marie Christensen,
Chief, Information Branch,
Freedom of Information and
Privacy Act Division,
SAIS-IDP-F/P

Capt R. J. Horn, USN, Assistant
Vice Chief of Naval Operations

Mr. William A. Davidson,
Administrative Assistant to the
Secretary of the Air Force

Mr. Dave Henshall, Information
and Privacy Advisor

Mr. Carroll W. Dennis, Director,
External Affairs and
Administrative Support

Mr. Robert P. Richardson, Chief,
Freedom of Information Act Staff

Mr. Dale L. Hartig, Chief,
Information/Public Affairs

Mrs. Susan Chadick, General
Counsel

Mr. Raul Martinez, Acting
Administrator, Administrative
Support Center



Richeson, Leonard H.

Robertson, Charles T., Jr.

Rudd, Glenn A.

Schachter, Leon J.

Scheflen, Kenneth C.

Schlatter, Joseph A., Jr.

Schriefer, Luther F.

Schuster, Carl O.

Scott, James. T.
Scott, R. Mark
Shelverton, Claude W.

Sheridan, Brian E.

Smith, Frederick C.

Smith, John W.

Civ

MajGen
Civ

Civ

Civ

Col

Capt

LtGen

Civ

Col

Civ

Civ

BrigGen

Director, Management Support, Deputy Under
Secretary of Defense (Environmental Security)

Vice Director, Joint Staff

Deputy Director, Defense Security Assistance
Agency

Director, Industrial Security Clearance Review,
Defense Legal Services Agency; Director,
Defense Office of Hearing and Appeals

Director, Defense Manpower Data Center,
Deputy Under Secretary of Defense
(Requirements and Resources), Under
Secretary of Defense (Personnel and Readiness)

Deputy Chief, Defense Prisoner-of-War/Missing
-in-Action Office

Director, Inter-American Region, Deputy
Assistant Secretary of Defense (Inter-American
Affairs), Assistant Secretary of Defense
(International Security Affairs)

Chief, Policy/Targets and Production Division,
Intelligence Directorate, United States Pacific
Command

Commander, United States Army Special
Operations Command

Chief, Policy Division, Plans, Policy and
Programs Directorate, Central Imagery Office

Commander, United States Military Group
Bolivia, United States Southern Command

Deputy, Assistant Secretary of Defense (Drug
Enforcement Policy and Support), Assistant
Secretary of Defense (Special Operations and
Low-Intensity Conflict)

Director, Near East and South Asian Region,
Assistant Secretary of Defense (International
Security Affairs)

Director, SCJ2, United States Southern
Command

15

40

13

53

11


Item 2(a)

Exemptions Invoked on Initial Determinations

: Exemptions by Number 6 U.S.C. 5520) |
Component i 2 48 8, 9|_ Total*
OSD/JS 310) 58 70 98 92} 170 0 0 815)
[Dept Army 532) 375 20| 395) 873)1,609) 976 0 0 4,780
Dept Navy 159| 206| 64) 487| 575/1,121|1,303, 0/ 0 3,915
Dept Air Force 236) 117 28) 561) 813/1,171| 1,017 0 0 3,938]
IDCAA 0 0 0 2 4 8 2 0 0 16]
DFAS 0 0 0 0 1 23 0 0 0 24
DIA 257| 207) 5| 25; 7| 194, 0| of 695
DIS 3} 6 of 4) 6 34| a5} of o 88
DISA. 0 0 5) 19 4 4 0 0 0 32
DLA 1 4 oO}; 112 36 382 27 0 0] 212)
IDMA. 1 0 3 3 13 13 3 0 0 36
DNA 5} of 5 7 5| 13; 3] of o 338

o| 20 of a| of of of o 49
22| 748 19) 9 55 21 0 0 1,123)
5 43 0

1,000 2

_ 6% 6% 11%

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



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4£1030789 Aq 8380) anoyuey pozeUNtysg “OD
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sSTBaduByl poyeumysy "y

80


Hamilton, Milton H.
Heath, Herman S.
Hilts, Earl T.

Hiltz, James E.

Hobbs, Quincy C., Jr.
Holloman, D. Thomas
‘Hyatt, Scott W.
Kaplan, Marshall M.

Kelley, Terry

Kilmartin, Thomas G.

King, Bruce J.

Klements, Newton

Kullman, Thomas M.

Lamy, Joel R.

Lancaster, Steven F.

LaNoue, Alcide M.

Civ

Col

Civ

Civ

Col

Col

Col

Col

Civ

BrigGen

Civ

Col

Col

Col

LtGen

Administrative Assistant, Office of the
Secretary of the Army

Deputy Commander, United States Army
Safety Center

Chief, Staff Judge Advocate Office, Watervliet
Arsenal

Chief, Field Operations Division, United States
Total Army Personnel Command; Acting
Director, Civilian Personnel Management,
United States Total Army Personnel Command

Principal Assistant Responsible for
Contracting, United States Army Europe

Chief, Army Procurement Fraud Division,
Office of the Judge Advocate General

Deputy Commander, United States Army
Safety Center

Chief, Standards of Conduct Office, Office of the
Judge Advocate General

Division Counsel-Ohio River District, Corps of
Engineers
Acting Chief, United States Army Reserve

Acting Director, Contracting, Research,
Development and Acquisition, United States
Army Acquisition Agency

Division Counsel-North Atlantic District, Corps
of Engineers

Staff Judge Advocate, United States Army
Materiel Command

Commander, United States Army Medical
Command

Chief, Administrative Law Division, Office of
the Judge Advocate General

The Surgeon General

21

28

12

27

104

22

20

63



DEPARTMENT OF DEFENSE

FREEDOM OF INFORMATION
ACT
PROGRAM
CY 1994

REPORT TO CONGRESS

PREPARED BY:
OFFICE OF THE ASSISTANT TO THE SECRETARY OF DEFENSE
(PUBLIC AFFAIRS)
DIRECTORATE FOR FREEDOM OF INFORMATION
AND SECURITY REVIEW



DEFENSE FINANCE AND ACCOUNTING SERVICE

Bitz, Gregory P. Civ Director, Defense Finance and Accounting
Service-Indianapolis Center
Coffee, Charles R. Civ Director, Defense Finance and Accounting
Service-Columbus Center
Hovell, Ronald C. Civ Director, Defense Finance and Accounting
Service-Columbus Center
Nabil, John S. Civ Director, Defense Finance and Accounting
Service-Denver Center
Williams, Jay F. Civ Director, Defense Finance and Accounting
Service-Cleveland Center
DEFENSE INTELLIGENCE AGENCY
Richardson, Robert P. Civ Chief, Freedom of Information Act Staff
DEFENSE INVESTIGATIVE SERVICE
Hartig, Dale L. Civ Chief, Office of Information and Public Affairs
DEFENSE INFORMATION SYSTEMS AGENCY
Chadick, M. Susan Civ General Counsel

12

413

49

24



"Other Reasons" Described

1. Transferred Request

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

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

3. Failure of Requester to Reasonably Describe Record

This category is specifically based on Section 552(a)(3)(A) of the FOIA.

4. Other Failures by Requester 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.

5. Request 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.

6. Not an Agency Record

This category indicates the requested information is not an agency record.



Item 2(c)

Other Reasons Cited on Initial Determinations

_

__Category*
3 i

Component
OSD/JS 982 341 69 215
Dept Army 3,902) 2,252 451 756
[Dept Navy 4,192| 2,305 495 488
Dept Air Force 666 2,121 290 533
IDCAA. 41 23 2 1
DFAS 41 186 41 47
[DIA 28) 288 1 9
DIS 14 32 1 17
(DISA 12 14) 7 1
453 274 168
34 2 7
44 2 3
27 0) 0}

148) 24 111
38 10) 29

8306) 1,669) 2,386) 3,

“Types of Categories

1. Transferred Request

2. Lack of Records

3. Failure of Requester to Reasonably Describe Record

4. Other Failures by Requester to Comply with Published Rules and/or
Directives

5. Request Withdrawn by Requester

6. Notan Agency Record

(see following page for description of each category)



Camardo v. DoN and DoD, C.A. No. 92-CV-935, U.S.D.C.N.D. NY. Dr. Camardo filed
suit to force DoD and DoN to release documents in their possession to NOVAMARINE in
their entirety. See Navy entry for this case.

GC Micro Corp v. DLA, C.A. No. 92-16546, U.S.D.C. 9th Circuit. Court reviewed District
Courts decision supporting DLA’S Exemption 4 withholding of Standard Forms (SF) 294,
Subcontracting Report for Individual Contracts, on the basis that disclosure would likely
result in substantial competitive injury. 9th Circuit reversed the District Court’s decision.
SF Forms 294 have been released.

Tot: uremen: i ic. v. DoD/DLA, C.A. No. HC94-0934, U.S.D.C. N.D.
CA. Total Procurement Services sought access to procurement information residing in a
DLA database. DLA originally felt that the data was not within the scope of a FOIA
record. DLA reconsidered and granted Total Procurement Services access to the data. The
case was dismissed without prejudice on June 9, 1994.

Wolf v. DoD/DLA, C.A. No. C94-3117, U.S.D.C.N.D. CA. Plaintiff challenged DLA’s
partial denial of FOIA request for documents relating to Lockheed Corporation’s efforts to
obtain reimbursement for environmental clean-up costs. Documents were withheld under
Exemptions 4 and 5. Case was dismissed on November 3, 1994 after plaintiff agreed that
-Exemption 5 withholdings were appropriate, and after defendant agreed to submit
information withheld under Exemption 4 to counsel for Lockheed who would then make
documents available to plaintiff.

NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICE

John C. Gilmore v. FBI, C.A. No. 93-2117, U.S.D.C.N.D. CA., June 4, 1993. Plaintiff
sought relief for failure to process request within statutory time limits. Court issued order
requiring parties and NSA to process documents by a specified time. NSA is in compliance
with the order.

US. Marshals Service, US Customs Service CA. ‘No. 93-1256, USDC. DC, June
19, 1993. In count IX of suit, plaintiff sought relief for NSA’S failure to process initial FOIA

requests within statutory time limits. The defendant’s motion to dismiss for failure of
effective service granted, but plaintiff permitted to amend complaint. The Court dismissed
the complaint on May 13, 1994.

Bradley C. Carter v. NSA, C.A. No. 93-3847, U.S.D.C. MD, March 20, 1994. Plaintiff
alleged inadequate search and improperly withheld records. Court ordered Agency-wide
search, which was done. No records were located. Upon the Government’s motion for
summary judgment, the Court dismissed the complaint on January 10, 1995.

57



Mattingley, George M., Jr.

Mayo, Leon

McBride, James W.

McGinty, Michael D.

McGovern, Francis X.

McNamara, Robert T.

McPherson, Carl L.

Miller, Brian D.

Miller, James E., Jr.

Misciasci, Frank J., Jr.
Miskell, C. David

Morrison-Orton, John M.

Mountz, Robert T.

Olsen, Alan K.
Page, Roland J.
Pardini, Edward A.

Col

LtCol

MajGen

LtCol

Civ

Col

Col

Col
Civ

LtCol

LtCol

Civ
Col
Col

Deputy Director, Legislative Liaison, Office of
the Secretary of the Air Force

Acting Chief, Office of Information
Management, Headquarters Air Mobility
Command

Staff Judge Advocate, Space and Missile Center,
Air Force Materiel Command

Acting Deputy Chief of Staff, Personnel,
Headquarters United States Air Force

Acting Chief, Office of Information
Management, Headquarters Air Mobility
Command

Attorney Advisor, Office of the General Counsel,
Office of the Secretary of the Air Force

Director, Command Staff, Headquarters, Air
Force Special Operations Command

Director, Information Management,
Headquarters Pacific Air Forces

Commander, National Air Intelligence Center,
Air Intelligence Agency

Commander, Air Weather Service

Acting Chief, Administrative Services, Air
National Guard

Acting Staff Judge Advocate, Air Force
Development Test Center, Air Force Materiel
Command

Deputy Staff Judge Advocate, Space and Missile
Center, Air Force Materiel Command

Director, Air Force Base Conversion Agency
Commander, Air Force Safety Agency

Director, Information Management, Office of
The Administrative Assistant to the Secretary
of the Air Force

40

228

24

27

67

36



Item 10(c)

Time Limit Extensions

1 Néill

Unusual Circumstances __| Court |
\Compon _Volume| Consultation|Involvement| _
OSD/JS 1,457 30 96) 0
‘Dept Army 101 123 174 5]
(Dept Navy 34 861 9 0}
(Dept Air Force 106 1,340! 516 0)
IDCAA 0 0 1 0}
DFAS 3 24 0} 0}
(DIA 65 602 105 0}
DIS 62 5] 2 0
DISA 0 108) 0 0
DLA 454 234 7
DMA 8 8 61 0
IDNA 23) 24 0
INRO 0 52 0 0
INSA/CSS 0) 618 0}
OIG, DOD _ 55 166 0}
DOD Totals | 2,368 2 1821 12!

81



Dirren, F.M., Jr.

Doran, W.F.

Doyle, J.R.

Dunn, I.
Dur, P.A.

Eddingfield, L.E.

Edington, D.E.

Elder, C.E.

Emery, G.W.

Ensch, J.C.

Estes, G.B.

Evans, K.P.

Farrell, R.K.

Finch, M.D.

Fiske, R.N.

Fleming, R.P.

Capt

Capt

Capt

Capt

VAdm

Capt

Capt

Capt

Capt

Commander, Naval Base Jacksonville, United
States Atlantic Fleet

Director, Operations, Plans, and Politico-Military
Affairs (N31/N52), Office of the Chief of Naval
Operations

Executive Officer, Naval Construction Battalion
Center, Point Hueneme, Naval Facilities
Engineering Command

Deputy, Naval Security Group Command

Director, Strategy and Policy Division (N51),
Office of the Chief of Naval Operations

Deputy and Chief of Staff, Naval Surface Force,
United States Pacific Fleet

Force Judge Advocate, Naval Reserve Force

Staff Judge Advocate, Chief of Naval Air

Training, Naval Education and Training
Activities

Commander, Submarine Force, United States
Atlantic Fleet

Commander, Naval Training Center, Orlando,
Naval Education and Training Activities

Commander, Pacific Division, Naval Facilities
Engineering Command
Commander, Navy Recruiting Command

Commander, Naval Education and Training
Command, Naval Education and Training
Activities

Deputy Assistant Judge Advocate General,
Claims and Tort Litigation

Deputy Assistant Judge Advocate General,
Investigations

Chief of Staff, Fleet Air Keflavik, United States
Atlantic Fleet

28

11

121

10

264



DEFENSE LOGISTICS AGENCY

Baird, Bruce

Beauchamp, Roy E.

Castleberry, John M.

Connelly, Richard J.
Elliot, Ernest A.

Garret, L. T.
Gould, Jeffrey P.

Grosse, Vinson G.
Hempson, Donald A.
Ketts, R. L.

Knapp, Thomas
Labounty, James W.
Lehmann, Miles R.
Lippert, K. W.

Tucker, Gary C.
Watts, Lloyd T., Jr.

Williams, Fred A.
Wilson, Leon A.

Civ
BrigGen
Col

Civ

BrigGen
Capt

Capt

Capt

Civ

Col

Col

Col

Col

Capt
BrigGen

General Counsel
Commander, Defense Industrial Supply Center

Chief of Staff, Defense Personnel Support
Center

Administrator, Defense National Stockpile
Center

Commander, Defense Construction Supply
Center

Commander, Defense Electronic Supply Center

Commander, Defense Contract Management
District North

Commander, Defense Contract Management
District South

Commander, Defense Reutilization and
Marketing Service

Commander, Defense Contract Management
District West

Executive Director, Information Services
Commander, Defense Distribution Region West
Staff Director, Command Security
Commander, Defense General Supply Center

Commander, Defense Logistics Agency
Administrative Support Center

Commander, Defense Contract Management
District South

Commander, Defense Distribution Region East

Commander, Defense Fuel Supply Center

45

53

18

13

15

15



Check, P.L.

Chema, J.R.

Christensen, E.E.

Chubb, J.E.

Clark, C.

Clawson, S.H.

Clemins, A.

‘Corcoran, G.J.

Coyle, R.E.

Coyle, S.J.
Creekman, C.T.

Dames, T.A.

Delker, J.L.

Demlein, J.J., Jr.

Despain, W.M.

Dirren, F.M., Jr.

LtCdr

Civ

Capt

VAdm

Capt

Capt

Capt

Capt

Capt

Capt

Commander, Pacific Division, Naval Facilities
Engineering Command

Staff Judge Advocate, Naval Intelligence
Command :

Commander, Fleet Air Caribbean, United States
Atlantic Fleet

Commander, Naval Meteorology and
Oceanography Command

Director (Acting), Office of Civilian Personnel
Management

Fleet Public Affairs Officer, United States Atlantic
Fleet

Commander Seventh Fleet, United States Pacific
Fleet

Commander, United States Naval Activities
United Kingdom, United States Naval Forces,
Europe

Staff Judge Advocate, Naval Air Systems
Command

Fleet Judge Advocate, United States Pacific Fleet
Chief of Staff, Naval District of Washington

Commander, Atlantic Division, Naval Facilities
Engineering Command

Commanding Officer, Naval Construction
Battalion Center, Point Hueneme, Naval
Facilities Engineering Command

Chief of Staff, Submarine Group 2, United States
Atlantic Fleet

Commander, Naval Base, Guantanamo Bay,
United States Atlantic Fleet

Commander, Naval Aviation Activities,
Jacksonville, United States Atlantic Fleet

27

22

143

10



activities of the Department of Defense. An example of such records might be press
clippings, magazine articles, or records forwarding a particular opinion or concern from a
member of the public regarding a DoD activity. Similarly, disclosures of records of
considerable age may or may not bear directly on the current activities of the Department
of Defense; however, the age of a particular record shall not be the sole criteria for denying
relative significance under this factor. It is possible to envisage an informative issue
concerning the current activities of the Department of Defense, based upon historical
documentation. Requests of this nature must be closely reviewed consistent with the
requester's stated purpose for desiring the records and the potential for public
understanding of the operations and activities of the Department of Defense.

Gi) The info. i of. informatio .
factor requires a close analysis of the substantive contents of a record, or portion of the
record, to determine whether disclosure is meaningful, and shall inform the public on the
operations or activities of the Department of Defense. While the subject of a request may
contain information which concerns operations or activities of the Department of Defense, it
may not always hold great potential for contributing to a meaningful understanding of
these operations or activities. An example of such would be a heavily redacted record, the
balance of which may contain only random words, fragmented sentences, or paragraph
headings. A determination as to whether a record in this situation will contribute to the
public understanding of the operations or activities of the Department of Defense must be
approached with caution, and carefully weighed against the arguments offered by the
requester. Another example is information already known to be in the public domain.
Disclosure of duplicative, or nearly identical information already existing in the public
domain may add no meaningful new information concerning the operations and activities of
the Department of Defense.

(iii) tribution to standing of the subj the
neral lic likely to result i The key element in determining the

applicability of this factor is whether disclosure will inform, or have the potential to inform
the public, rather than simply the individual requester or small segment of interested
persons. The identity of the requester is essential in this situation in order to determine
whether such requester has the capability and intention to disseminate the information to
the public. Mere assertions of plans to author a book, researching a particular subject,
doing doctoral dissertation work, or indigency are insufficient without demonstrating the
capacity to further disclose the information in a manner which will be informative to the
general public. Requesters should be asked to describe their qualifications, the nature of
their research, the purpose of the requested information, and their intended means of
dissemination to the public.

(iv) The signi f the contributi bli
applying this factor, Components must differentiate the relative significance or impact of
the disclosure against the current level of public knowledge, or understanding which exists
before the disclosure. In other words, will disclosure on a current subject of wide public
interest be unique in contributing previously unknown facts, thereby enhancing public
knowledge, or will it basically duplicate what is already known by the general public. A
decision regarding significance requires objective judgment, rather than subjective
determination, and must be applied carefully to determine whether disclosure will likely



Item 1

iti eterminations

_Granted| Denied) Denied

Girl

__in Full] in Part) in Full] __

1,213, 526 80 1,817
Dept Army 33,760] 28,029 2,433 510 8,541
Dept Navy 31,360] 20,179 3,023 464 8,754
Dept Air Force 20,753] 18,191 2,374 649 4,539
IDCAA 192! 71 13 2 100
IDFAS 1,476| 1,108) 8 16 344

DIA 1,022 248 381 32

DIS 308 176 32 17

DISA sos! 210 16 F)

13,082; 11,476 26

202 112 5

267 131 1

65 7 u

808 16 117

410 55 60

| 107,486] _ 71,288 1,998

* Total Actions may exceed Total Requests because more than one
action may be taken on a single request.



Barbalas, Louis X.

Baskir, Lawrence M.
Bates, Dennis L.

Baughman, Norman B.
Berry, Peter T.

Black, Richard H.
Black, Verbon

Blackwell, Paul E.

Blanton, Barbara A.

Borland, David
Bowers, Charles

Brown, Harry D.

Bruns, Thomas E.

Buchholz, Ronald J.

Burnette, Thomas N., Jr.

Civ

Civ
Civ
Civ

MajGen

Col

Civ

LtGen

Civ

Civ

Col

Lte

BrigGen

Freedom of Information Act Officer, United
States Army Tank-Automotive and Armaments
Command

Principal Deputy, General Counsel
Chief Counsel, Letterkenny Army Depot

Division Counsel-Huntsville District, Corps of
Engineers

Commander, United States Army Criminal
Investigation Command

Chief, Criminal Law Division, Office of the
Judge Advocate General

Chief Counsel, United States Army Missile
Command

Deputy Chief of Staff for Operations and Plans;
Deputy Chief of Staff, Security, Force
Protection, and Law

Operations Officer, Freedom of Information/
Privacy Office, United States Army Intelligence
and Security Command

Director, United States Army Information
Systems Selection and Acquisition Agency

Chief, Freedom of Information Division, Office
of the Surgeon General

Acting Chief, Administrative Law Division,
Office of the Judge Advocate General

Chief, Contracting Division, Principal Assistant
Responsible for Contracting, United States
Army Forces Command

Acting Chief, Administrative Law Division,
Office of the Judge Advocate General

Director, Assistant Deputy Chief of Staff for
Operations and Plans, Force Programs

18

204

393

79

287

19

24

52



Internati rotherhood of Electrical Workers, Local 46 ment of the
Navy, C.A. No. C93-1364, U.S.D.C.W.D. WA. Case filed on October 1, 1993, involving
withholding names and home addresses of employees on certified payrolls. On October 22,
1993, the parties agreed to a stipulation staying all proceedings in this matter until 14 days
after a decision by the US Supreme Court in US Department of Defense v. Federal Labor
Relations Authority, 975 F.2d 1105 (5th Cir. 1992), cert. granted as No. 92-1223 (March 29,
1993). On November 1, 1993, the Court ordered the case removed from the Court’s active
caseload and directed counsel to file a joint status report within 10 days following the
Supreme Court’s decision in the above case. The Supreme Court decision in Federal Labor
Relations Authority, on February 23, 1994, protected home addresses from disclosure. The
Court dismissed the case with prejudice and without costs to either party on March 8, 1994.

Inte; i ort S: ternational. N: ir ms
Command (NAVAIR) and the United States Department of the Navy, C.A. No. 94-

777-A, U.S.D.C.E.D. VA. Case filed on June 9, 1994, involving a FOIA request submitted
on December 29, 1993, seeking a copy of a contract. Complaint alleged that the Navy failed
to process the request within 10 working days and that Plaintiff has thereby exhausted
administrative remedies. Following argument before the Court, on November 18, 1994, the
Court denied Plaintiff's Motion for Summary Judgment as to one of its counts and granted
a consent order dismissing Plaintiffs claim as to inadequacy of the search by NAVAIR,
-without prejudice, as to another count. The consent order provided that the Court would
retain jurisdiction until the related records were delivered to the Plaintiff. The Defendant
was to pay Plaintiff's attorney costs and fees pertaining to certain depositions.

Litton Systems, Inc. v. Department of the Navy, C.A. No. 93-2538 , U.S.D.C. D.C.
Reverse FOIA case filed on December 10, 1993, involving proposed release to Honeywell of
contract pricing information. All three requesters: Honeywell, Kearfott Guidance and
Navigation Corporation, and Smith Industries withdrew their requests. On September 1,
1994, the case was dismissed without prejudice pursuant to a stipulation of dismissal in
which both parties agreed to bear their own costs and attorneys’ fees.

.. Inc. v. Department of , C.A. No. 94CV819588,
U.S.D.C. D.C. Case filed on September 12, 1994, by Nemirow, Hu, Kurt & Tanksersly
alleging improper withholding of agency records because the Military Sealift Command
failed to respond to two letters dated August 17, 1994. Request sought information
pertaining to the Special Middle East Sealift Agreements. On December 5, 1994, the
Plaintiff filed an unopposed Motion to Dismiss. The Court granted Plaintiff's Motion.

Elmer R. Seevers v. Department of the Navy, C.A. No. 93-1328, U.S.D.C.S.D. CA.
Naval Sea Systems Command, Mare Island Naval Shipyard case filed on September 7,
1993, involving a FOIA request submitted seeking copies of information pertaining to two
claims for compensation filed by Seevers for an injury he incurred in 1984 while employed
at Mare Island. Complaint alleges that the Navy failed to process the requests within 10
working days and that the Plaintiff has thereby exhausted administrative remedies.
Information was released on October 29, 1993. Motion was filed on October 26, 1993, to
dismiss or for Summary Judgment based on release (suit considered moot). On November
17, 1993, Plaintiff filed a response and rebuttal to the Motion to Dismiss or for Summary
Judgment. On January 4, 1994, the court granted defendant’s Motion for Summary
Judgment.

55



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79



expensive manner so as to minimize costs for both the Component and the requester. For
example, Components should not engage in line-by-line searches when duplicating an
entire document known to contain responsive information would prove to be the less
expensive and quicker method of complying with the request. Time spent reviewing
documents in order to determine whether to apply one or more of the statutory exemptions
is not search time, but review time. See subparagraph 6-101, e., for the definition of
review, and subparagraph 6-201, b., for information pertaining to computer searches.

d. The term "duplication" refers to the process of making a copy of a document in
response to an FOIA request. Such copies can take the form of paper copy, microfiche,
audiovisual, or machine readable documentation (e. g., magnetic tape or disc), among
others. Every effort will be made to ensure that the copy provided is in a form that is
reasonably usable, the requester shall be notified that their copy is the best available and
that the agency's master copy shall be made available for review upon appointment. For
duplication of computer tapes and audiovisual, the actual cost, including the operator's
time, shall be charged. In practice, if a Component estimates that assessable duplication
charges are likely to exceed $25.00, it shall notify the requester of the estimate, unless the
requester has indicated in advance his or her willingness to pay fees as high as those
anticipated. Such a notice shall offer a requester the opportunity to confer with Component
personnel with the object of reformulating the request to meet his or her needs at a lower
cost.

e. The term "review" refers to the process of examining documents located in
response to an FOIA request to determine whether one or more of the statutory exemptions
permit withholding. It also includes processing the documents for disclosure, such as
excising them for release. Review does not include the time spent resolving general legal or
policy issues regarding the application of exemptions. It should be noted that charges for
commercial requesters may be assessed only for the initial review. Components may not
charge for reviews required at the administrative appeal level of an exemption already
applied. However, records or portions of records withheld in full under an exemption which
is subsequently determined not to apply may be reviewed again to determine the
applicability of other exemptions not previously considered. The costs for such a
subsequent review would be properly assessable.

6-102 Fee Restrictions

a. No fees may be charged by any DoD Component if the costs of routine collection
and processing of the fee are likely to equal or exceed the amount of the fee. With the
exception of requesters seeking documents for a commercial use, Components shall provide
the first two hours of search time, and the first one hundred pages of duplication without
charge. For example, for a request (other than one from a commercial requester) that
involved two hours and ten minutes of search time, and resulted in one hundred and five
pages of documents, a Component would determine the cost of only ten minutes of search
time, and only five pages of reproduction. If this processing cost was equal to, or less than
the cost to the Component for billing the requester and processing the fee collected, no
charges would result.

b. Requesters receiving the first two hours of search and the first one hundred
pages of duplication without charge are entitled to such only once per request.

62



Walsh, J.R.

Walsh, R.F.
Waters, W.

Watkins, E.L.

Welsch, J.E.

Whitaker, M.L.

White, R.D.

Williams, J.A.

Woodman, W.

Wright, J.C.

Wright, T.W.
Wylie, P.C.

Wynn, A.L.

Ziebell, G.G.

Zorica, J.

Zwirschitz, G.W.

Capt
Capt

Capt

Lt

Capt

Capt

Capt

Capt

VAdm

Capt

Capt

Capt

Capt

Command Adjutant, Marine Corps Development
Command, Quantico, VA

Legal Counsel, Bureau of Naval Personnel

Commanding Officer, Northern Division, Naval
Facilities Engineering Command

Commander, U.S. Naval Forces Korea, United
States Pacific Fleet

Commander, United States Naval Activities
United Kingdom, United States Naval Forces,
Europe

Acting Deputy Assistant Judge Advocate General,
Investigations

Commander (Acting), Naval Base Seattle, United
States Pacific Fleet

Staff Judge Advocate, Surface Force, United
States Atlantic Fleet

Chief of Staff, United States Naval Forces Japan,
United States Pacific Fleet

Executive Officer, Navy Public Works Center, San
Diego, Naval Facilities Engineering Command

Chief, Naval Education and Training Activities

Deputy Assistant Judge Advocate General,
General Litigation

Commanding Officer, Navy Public Works Center,
San Francisco, Naval Facilities Engineering
Command

Chief of Staff, Naval Base, Charleston, United
States Atlantic Fleet

Executive Officer, Engineering Field Activity,
Chesapeake, Naval Facilities Engineering
Command

Chief of Staff, Naval Surface Force, United States
Atlantic Fleet

35

37
22

12


Item 10(a)
Availability of Records
(New categories or segregable portions of records now being revealed.)

POW/MIA documents being placed in the Library of Congress, and the National
Archives and Records Administration.

After Action Report released on tragic, friendly-fire shoot-down of two United States
Army Black Hawk helicopters in Iraq.

75



DEPARTMENT OF THE AIR FORCE

Andrews, Victor C.

Bagley, Samuel S.

Baines, E. Darden

Batten, Frank H., Jr.

Blankenbeker, Joan W.

Block, David O.

Boesch, Eugene

Boles, Billy J.

Brummet, Duane L.

Buethe, Robert A., Jr.

Chapman, Thomas N.

Clapper, John R.

Cole, James L., Jr.

Cone, Doyle F.

Corcoran, Karla W.

Col
LtCol

Civ

Civ

Col

Maj

Civ

LtGen

LtCol

MajGen

Col
BrigGen

Maj

Civ

Vice Superintendent, Air Force Academy

Staff Judge Advocate, Human Systems Center,
Air Force Materiel Command

Chief, Administrative Services, Air National
Guard

Chief, Information Release Division, Air Force
Office of Special Investigations

Director, Information Management,
Headquarters Air Education and Training
Command

Acting Director, Information Management, Air
Force Space Command

Assistant for Special Programs Oversight, Office
of The Administrative Assistant to the
Secretary of the Air Force

Deputy Chief of Staff, Personnel, Headquarters
United States Air Force

Acting Staff Judge Advocate, Air Force
Development Test Center, Air Force Materiel
Command

Director, Medical Plans and Resources, Office of
the Surgeon General, Headquarters United
States Air Force

Chief, Office of Information Management,
Headquarters Air Combat Command

Commander, Air Force Safety Agency

Chief of Safety, Headquarters United States Air
Force

Acting Director, Information Management, Air
Force Space Command

Assistant Auditor General, Headquarters Air
Force Audit Agency

36

12
123

15

551

78

10

10

11

132

12



Item 6

Appeal Denial Authorities by Participation

Bernath, Clifford H. Civ Principal Deputy Assistant to the Secretary of
Defense (Public Affairs)

Williams, Pete Civ Assistant Secretary of Defense (Public Affairs)

DEPARTMENT OF THE ARMY
_Paragino, Tamara Civ Assistant to the General Counsel, Office of the

Army General Counsel

Peck, Darrell L. Civ Acting General Counsel, Office of the Army
General Counsel .

Baskir, Lawrence L. Civ Principal Deputy General Counsel, Office of the
Army General Counsel

Taylor, Thomas W. Civ Principal Deputy General Counsel, Office of the
Army General Counsel

DEPARTMENT OF THE NAVY

Angrist, E. P. Civ Deputy General Counsel

Bowman, M. E. Capt Deputy Assistant Judge Advocate General
(General Litigation)

DiBattiste, C. Civ Principal Deputy General Counsel

Henebery, J. Capt Deputy Assistant Judge Advocate General
(General Litigation)

Honigman, S. S. Civ General Counsel

Wilcox, Harvey J. Civ Deputy General Counsel (Logistics)

51

20

160

52

32
82

26
87



Putnam, Gerald H.

Reinke, Cecil

Retson, Nicholas P.

Riggs, John M.

Rosenblatt, James H.

Scales, Robert H, Jr.

Schmuhl, Nicholas

Sconyers, Anthony

Serene, Jan W.

Shackelford, Dan E.

Shadowens, Jan

Shapiro, Alan

Sheldon, Patrick R.

Siegfried, R. S.

MajGen

Col

BrigGen

Col

MajGen

Civ

Civ

Col

Civ

Civ

Civ

MajGen

Assistant Chief of Staff for Operations and
Plans; Commander, United States Total Army
Personnel Command; Staff Judge Advocate
General, Headquarters, The Pentagon; Force
Protection Office Information Release
Specialist, Deputy Chief of Staff for Operations
and Plans

Division Counsel-North Pacific District, Corps
of Engineers

Chief, Contract Law Division, Office of the
Judge Advocate General

Director, Assistant Deputy Chief of Staff for
Operations and Plans, Requirements

Commander, United States Army Claim
Service, Office of the Judge Advocate General

Director, Assistant Deputy Chief of Staff for
Operations and Plans, Readiness and
Mobilization

Freedom of Information Act Officer, United
States Army Tank-Automotive and Armaments
Command

Chief Counsel, United States Army Armament
Munitions and Chemical Command

Chief, Labor and Employment Law Division,
Office of the Judge Advocate General

Acting Principal Assistant Responsible for
Contracting, United States Army Medical
Research and Material Command

Procurement Analyst, United States Army
Intelligence and Security Command

Division Counsel, South Pacific District, Corps
of Engineers

Chief Counsel, Chemical and Biological Defense
Fund

Acting The Inspector General

31

40



Item 7

Court Opinions and Actions Taken

DEPARTMENT OF THE ARMY

Bush v. West, C.A. No. 6:93CV101, U.S.D.C.E.D. TX, March 16, 1993. Plaintiff had
submitted several FOIA requests for copies of his personnel record concerning his
assignment to Greece from 1947 to 1949. After Army released all relevant documents and
filed a motion for summary judgment, the court stayed ruling on the motion and, granted
plaintiffs unusual request for a bench trial. Representatives from the National Personnel
Records Center (NPRC), Department of Veterans Affairs (VA), and a paralegal from the
Litigation Division testified at the hearing. The Court determined that the Army retrieved
all relevant documents from its own files, as well as from the NPRC and VA. In denying
plaintiffs request for attorneys fees, the Court stated that “(w)here FOIA requests are
concerned, justice delayed is not justice denied, the Government only pays for the latter.”

ford, Di B i: , C.A. No. 94-10774,
U.S.D.C.C.D. CA, February 3, 1994. Plaintiff, with written permission from Mr. Lawrence
Lynch, several times requested Mr. Lynch’s medical and personnel records from the Army
Reserve Personnel Center, St. Louis, MO. Plaintiff brought suit after third attempt to
obtain records. Records were released and plaintiff withdrew. Case dismissed without
prejudice.

DEPARTMENT OF THE NAVY

four ne. v. D of the Navy, C.A. No. 93-2118, U.S.D.C.S.D. FL.
Case filed on October 26, 1998, involving two FOIA requests submitted to Naval Facilities
Engineering Command Southern Division (SOUTHDIV) for a technical proposal and
abstracts of offers pertaining to a contract for a power plant. Complaint alleged that the
Navy failed to process the requests within 10 working days and that Plaintiff has
exhausted administrative remedies. On November 24, 1993, SOUTHDIV disclosed
personnel resumes and corporate brochures but withheld remaining portions of the
technical proposal under exemption (b)(4) and withheld the Technical Review Committee
report under exemption (b)(5). A Motion for Summary Judgment was filed on April 4, 1994.
Balfour Beatty responded with a petition for discovery on May 2, 1994. The Government
filed a Motion for a protective order on May 13, 1994, which was granted. On December 2,
1994, the Court granted the Navy’s Motion for Summary Judgment. The Court protected
disputed portions of the technical proposal under exemption (b)(4) citing both the
competitive harm test of National Parks and the voluntary submission (“confidential” if
information of a kind that would customarily not be released to the public) test of Critical
Mass. The Court also protected deliberative portions of a Technical Evaluation Board
Report under exemption (b)(5) and factual materials in the report under exemption (b)(4).

54



Consequently, if a Component, after completing its portion of a request, finds it necessary
to refer the request to a subordinate office, another DoD Component, or another Federal
Agency to action their portion of the request, the referring Component shall inform the
recipient of the referral of the expended amount of search time and duplication cost to date.

c. The elements to be considered in determining the "cost of collecting a fee" are the
administrative costs to the Component of receiving and recording a remittance, and
processing the fee for deposit in the Department of Treasury's special account. The cost to
the Department of Treasury to handle such remittance is negligible and shall not be
considered in Components' determinations.

d. For the purposes of these restrictions, the word "pages" refers to paper copies of a
standard size, which will normally be "8 1/2 x 11" or "11 x 14". Thus, requesters would not
be entitled to 100 microfiche or 100 computer disks, for example. A microfiche containing
the equivalent of 100 pages or 100 pages of computer printout; however, might meet the
terms of the restriction.

e. In the case of computer searches, the first two free hours will be determined
against the salary scale of the individual operating the computer for the purposes of the
search. As an example, when the direct costs of the computer central processing unit,
input-output devices, and memory capacity equal $24.00 (two hours of equivalent search at
the clerical level), amounts of computer costs in excess of that amount are chargeable as
computer search time.

6-103 Fee Waivers

a. Documents shall be furnished without charge, or at a charge reduced below fees
assessed to the categories of requesters in paragraph 6-104 when the Component
determines that waiver or reduction of the fees is in the public interest because furnishing
the information is likely to contribute significantly to public understanding of the
operations or activities of the Department of Defense and is not primarily in the commercial
interest of the requester.

b. When assessable costs for an FOIA request total $15.00 or less, fees shall be
waived automatically for all requesters, regardless of category.

c. Decisions to waive or reduce fees that exceed the automatic waiver threshold
shall be made on a case-by-case basis, consistent with the following factors:

1. Disclosure of the information "is in the public interest because it is likely
to contribute significantly to public understanding of the operations or activities of the
Government."

(i) The subject of the request. Components should analyze whether
the subject matter of the request involves issues which will significantly contribute to the
public understanding of the operations or activities of the Department of Defense.
Requests for records in the possession of the Department of Defense which were originated
by non-government organizations and are sought for their intrinsic content, rather than
informative value will likely not contribute to public understanding of the operations or

63



Table of Contents

DoD Reporting Agencies Under the Freedom of Information Act
DoD Freedom of Information Act Appeal and Program Officials
Item 1 - Initial Determinations
Item 2 - Initial Determinations
(a) Exemptions Invoked
(b) Statutes Invoked
(c) Other Reasons
(d) Description of "Other Reasons"
Item 8 - Initial Denial Authorities by Participation
Item 4 - Appeal Determinations
Item 5 - Appeal Determinations
(a) Exemptions Invoked
(b) Statutes Invoked
(c) Other Reasons
Item 6 - Appeal Denial Authorities by Participation

Item 7 - Court Opinions and Actions Taken

Item 8 - Freedom of Information Act Implementation Rules or Regulations

Item 9 - Fee Schedule and Fees Collected
Item 10 - Administrative Efforts
(a) Availability of Records

(b) Calendar Year Costs and Fees Collected
(c) Time Limit Extensions

wowarIga

47

48

50

51

54

60

75

81



Toews, Georgette M. Col Staff Director, Air Force Military Personnel
Center

Upschulte, Phillip P. Civ Principal Deputy Assistant Secretary
(Manpower, Reserve Affairs, Installations and
Environment), Office of the Assistant Secretary
of the Air Force

Walker, Johnny R. Maj Acting Chief, Office of Information
Management, Headquarters Air Combat
Command

Walters, Charles C. Col Vice Commander, 11 Support Wing

Weaver, Richard L. Col Director, Security and Special Programs
Oversight, Office of The Administrative
Assistant to the Secretary of the Air Force

White, Eugene Civ Chief, Information Security Division, Chief of
Security Police, Headquarters United States Air
Force

White, James H. Col Commander, Air Reserve Personnel Center

Wingfield, Stephen R. Col Commander, Air Force Services Agency

Witt, Randy BrigGen Director, Plans, Policy and Resources, Deputy
Chief of Staff, Command, Control,
Communications and Computers, Headquarters
United States Air Force

Yanker, Gerald L. Civ Executive Director, Oklahoma City Air Logistics
Center, Air Force Materiel Command

DEFENSE CONTRACT AUDIT AGENCY

Buhre, Richard R. Civ Regional Director, Eastern

Cherry, C. T. Civ Regional Director, Central

Summers, Francis Civ Regional Director, Northeastern

Woulhueter, Robert Civ Chief, Information Resources Management

Branch, Headquarters

43

91

12

20

10



Parmeleau, Susan L.

Payton, Gary D.

Peppel, Howard R.

Peterson, Richard A.

Rathje, Norman F.

Rauschkolb, Richard S.

Reynolds, Gerald E.

Rhodes, Robert N.

Ridlon, Robert W., Jr.

Riley, Terrill W.

Roadman, Charles H., II

Ross, Walter H.

Rowell, Gary L.

Saxon, Vernon P.

Col

Col
LtCol

Civ

Col

Col

Maj

Maj

MajGen

LtCol

LtCol

Col

Vice Commander, Air Force Military Personnel
Center

Commander, National Air Intelligence Center

Acting Staff Judge Advocate, Air Force
Development Test Center, Air Force Materiel
Command

Acting Chief, General Law Division, Office of
The Judge Advocate General, Headquarters
United States Air Force

Vice Commander, Air Force Military Personnel
Center

Commander, Air Force Historical Research
Agency

Deputy Director, Plans and Requirements,
Assistant Chief of Staff, Intelligence,
Headquarters United States Air Force

Chief, Inquiries, Office of The Inspector
General, Headquarters United States Air Force

Acting Chief, Office of Information
Management, Headquarters Air Mobility
Command

Military Assistant, Assistant Secretary
(Manpower, Reserve Affairs, Installations and
Environment), Office of the Secretary of the Air
Force

Director, Air Force Medical Operation Agency,
Office of The Surgeon General, Headquarters
United States Air Force

Chief, Office of Information Management,
Headquarters Air Intelligence Agency

Acting Staff Judge Advocate, Warner Robins Air
Logistics Center, Air Force Materiel Command

Vice Commander, Air Force Flight Test Center,
Air Force Materiel Command

41

31

16

14


2. A previous denial of records is reversed in total, or in part, and the
assessable costs are not substantial (e. g. $15.00 - $30.00).

6-104 Fee Assessment

a. Fees may not be used to discourage requesters, and to this end, FOIA fees are
limited to standard charges for direct document search, review (in the case of commercial
requesters) and duplication.

b. In order to be as responsive as possible to FOIA requests while minimizing
unwarranted costs to the taxpayer, Components shall adhere to the following procedures:

1.. Analyze each request to determine the category of the requester. If the
Component determination regarding the category of the requester is different than that
claimed by the requester, the Component shall:

(i) Notify the requester that he should provide additional justification
to warrant the category claimed, and that a search for responsive records will not be
initiated until agreement has been attained relative to the category of the requester.
Absent further category justification from the requester, and within a reasonable period of
time (i. e., 30 calendar days), the Component shall render a final category determination,
and notify the requester of such determination, to include normal administrative appeal
rights of the determination.

(ii) Advise the requester that, notwithstanding any appeal, a search
for responsive records will not be initiated until the requester indicates a willingness to pay
assessable costs appropriate for the category determined by the Component.

2. Requesters must submit a fee declaration appropriate for the below
categories.

(i) Commercial, Requesters must indicate a willingness to pay all
search, review and duplication costs.

Gi) Educational or Noncommercial Scientific Institution or News
Media. Requesters must indicate a willingness to pay duplication charges in excess of 100
pages if more than 100 pages of records are desired.

(iii) All Others. Requesters must indicate a willingness to pay
assessable search and duplication costs if more than two hours of search effort or 100 pages
of records are desired.

3. If the above conditions are not met, then the request need not be
processed and the requester shall be so informed.

4, In the situations described by subparagraphs 6-104, b.1. and 2., above,
Components must be prepared to provide an estimate of assessable fees if desired by the
requester. While it is recognized that search situations will vary among Components, and
that an estimate is often difficult to obtain prior to an actual search, requesters who desire

66



Forrester, William H.

Freeman, Waldo D.
Friedl, Joe

Garant, Ronald G.
Gill, Daniel R.
Ginman, Richard D.

Goldberg, Marc D.
Gonzalez, Lillian
Gordon, John P.
Gorman, Robert S.
Gray, Edward L.
Gulyas, Stephen M.

Hansen, Douglas B.

Harding, James R.

Col
MajGen
Civ

Civ

Civ

Capt

Capt
Civ
Col
Civ

LtCol

Civ

MajGen

Executive Assistant, Strategic Planning and
Policy Directorate, United States Pacific
Command

Deputy Commander in Chief/Chief of Staff,
United States Central Command

Director, Budget and Finance, Washington
Headquarters Services

Director, Investment, Deputy Comptroller
(Program/Budget), Comptroller/Chief Financial
Officer

Director, Small and Disadvantaged Business
Utilization, Under Secretary of Defense
(Acquisition and Technology)

Deputy Director, Defense Procurement, Under
Secretary of Defense (Acquisition and
Technology)

Executive Assistant, Assistant to the Secretary
of Defense (Atomic Energy)

Director, Department of Defense Dependents
Schools

Director, Management, Assistant to the
Secretary of Defense (Public Affairs)

Associate General Counsel (Acquisition and
Logistics), General Counsel

Deputy Director, Management Operations,
Ballistic Missile Defense Organization

Chief of Staff, National Defense University

Director, Base Closure and Utilization,
Assistant Secretary of Defense (Economic
Security)

Director, Inter-American Region, Deputy
Assistant Secretary of Defense (Inter-American
Affairs), Assistant Secretary of Defense
(International Security Affairs)

11

10

11


DEFENSE NUCLEAR AGENCY

Hagemann, Kenneth L. MajGen Director

NATIONAL RECONNAISSANCE OFFICE

Hill, J. D. Civ

Deputy Director

NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICE

Crowell, William P. Civ
McNamara, Barbara A. Civ
Parsons, Donald L. Civ
Prestel, Robert L. Civ

Deputy Director
Executive Director
Executive Director

Deputy Director

OFFICE OF THE INSPECTOR GENERAL, DOD

Lutsch, Nicholas T. Civ

Assistant Inspector General, Administration
and Information Management

53

26



DMA

DNA

NSA/CSS

OIG, DOD

"Defense Mapping Agency (DMA)
Freedom of Information Act (FOIA)
Program"

"Defense Nuclear Agency (DNA) Freedom
of Information Act Program"

“National Reconnaissance Office Freedom
of Information Act Program"

"Public Access to Records"

"Office of the Inspector General Freedom
of Information Act Program"

59

32 CFR 286i and 293

32 CFR 291 (pending
revision)

32 CFR 296

32 CFR 299

32 CFR 295



Klugh, James R.
Koch, Michael E.
Lair, J. A..

Lamb, Ivan F.

Lambert, Paul J.
Lowe, Robert A.
Lusey, Rodney S.
Martin, Edward D.
Martin, Richard L.

McBride, Edmund F.
McCoy, Ronald P.

McDonald, William. M.

McKalip, H. Diehl

Meisner, Bruce L.

Miles, David A.

Mirkovich, David

Civ
Col

Col

Col

Civ

Col

Civ

Civ

Col

Col

Col

Deputy Under Secretary of Defense (Logistics)
Chief of Staff, Defense Commissary Agency

Director, Operations, ECJ3, United States
European Command

Deputy Director, Manpower, Personnel and
Administration, ECJ1, United States European
Command

Deputy Director, Logistics/Security Assistance
Directorate, United States Pacific Command

Deputy Chief of Staff, United States
Transportation Command

Deputy Chief of Staff, United States Space
Command

Acting Assistant Secretary of Defense (Health
Affairs)

Deputy Executive Assistant to Deputy
Commander/Chief of Staff, United States
Pacific Command

Chief, Documents Division, Joint Staff
Chief of Staff, Defense Commissary Agency

Director, Freedom of Information and Security
Review, Assistant to the Secretary of Defense
(Public Affairs)

Acting Director, Defense Security Assistance
Agency

Chief, Policy/Targets and Production Division,
Intelligence Directorate, United States Pacific
Command

Deputy Chief of Staff, United States Special
Operations Command

Deputy Director, Management Operations,
Ballistic Missile Defense Organization

13

13

19

28


The total DoD operating cost associated with the 1994 requests was $31,171,892.70.
The average cost of processing a single case during 1994 was approximately $290. Fee
collections for records provided to the public amounted to $1,266,279.15. Total program
costs since inception of the report are reflected below.

35

30

20

15

TMO “20-rr-Z2
oe
am
Ss

7 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94

YEAR

Questions regarding this report should be addressed to the Director, Freedom of
Information and Security Review, OATSD (Public Affairs), Room 2C757, 1400 Defense

Pentagon, Washington, D.C. 20301-1400.



Stewart, J.D.

Stutzel, R.

Sullivan, J.M.

Sullivan, M.P.

Taylor, T.R.

Tedeschi, E.B.

Terry, W.E.

Thompson, B.L.

Tiebout, R.A.

Tillotson, F.L.

Tobin, P.E.

Tomiak, W.W.

Utecht, M.S.

Wallace, E.C.

Walsh, D.F.

MajGen Commander, Marine Corps Logistics Base,

Maj

Capt

LtGen

Capt

Capt

Capt

Albany, GA

Director, Administration Support Division, Navy-
Marine Corps Appellate Review Activity
Commander, Submarine Group 5, United States
Pacific Fleet

Deputy for Acquisition, Policy, Integrity, and
Accountability, Office of Assistant Secretary of the
Navy (Research, Development and Acquisition)

Staff Judge Advocate, Naval Air Force, United
States Atlantic Fleet

Commander, Combat Logistics Group 1, United
States Pacific Fleet

Commander, Logistics Group 2, United States
Atlantic Fleet

Head, Freedom of Information Act/Privacy Act
Office, Headquarters Marine Corps, Washington,
pce

Deputy Chief of Staff for Installations and
Logistics, Headquarters Marine Corps,
Washington, DC

Commander, Naval Training Center, Orlando,
Naval Education and Training Activities

Vice Chief, Naval Education and Training

Commander, Pacific Division, Naval Facilities
Engineering Command

Staff Judge Advocate, Naval Base, Norfolk,
United States Atlantic Fleet

Deputy, Operations, United States Naval
Academy

Commanding Officer, Southwest Division, Naval
Facilities Engineering Command

34

26

250

25

18

16



Item 10(b)

nm r nd F. llected
Component __ _ Annual Cost; | Fees Collected|
OSD/IS $2,517,987.41 $36,507.56
Dept Army $9,582,292.53 $355,121.29
Dept Navy $8,017,082.71 $430,009.59
Dept Air Force $6,227,205.00 $235,107.00
IDCAA $174,924.33 $3,454.26
DFAS $286,420.63 $6,337.58
[DIA $342,801.25 $8,607.00
DIS $100,368.75 $273.00
DISA $157,620.00 $7,216.00
DLA $1,561,226.75 $170,825.00
DMA $244,005.34 $3,509.50
IDNA $226,210.68 $3,532.55
INRO $502,099.91 $0.00
INSA/CSS $947,260.00 $5,108.42
OIG, DOD $284,497.41 _ $675.40
DOD Totals $31,171,892.70 $1,266,279.15

76



Lause, Glen D.

Lingenfelter, Stephen

Lipes, Sharon, A.

Lovelady, William N., Jr.

Lundberg, Steven B.

Lyman, Carter

Lyon, Suzanne C.

Mahoney, Robert

Manning, S. H.

Marchand, Michael J.

McCoy, Helen T.

McGowan, William J.

Millard, Michael

Miller, Phyllis

Miskell, C. David

Col

Civ

Civ

Civ

Col

Civ

Civ

Civ

Col

Civ

Col

Lte

Civ

Civ

Chief, Personnel, Plans and Training Office,
Office of the Judge Advocate General

Division Counsel-South Atlantic District, Corps
of Engineers

Chief, Office of Counsel, Rock Island Arsenal,
United States Army Material Command

Laboratory Counsel-Waterways Experiment
Station District, Corps of Engineers

Chief Counsel, United States Army Aviation
and Troop Command

Division Counsel-Pacific Ocean District, Corps
of Engineers

Acting Principal Assistant Responsible for
Contracting, United States Army Forces
Command

Division Counsel-Missouri River District, Corps
of Engineers
Freedom of Information Act Coordinator,

United States Army Tank-Automotive and
Armaments Command

Chief, Administrative Law Division, Office of
the Judge Advocate General

Assistant Secretary of the Army for Financial
Management

Chief, Environmental Law Division, Office of
the Judge Advocate General

Acting Commander, United States Army Claim
Service, Office of the Judge Advocate General

Chief, Freedom of Information Division, Office
of the Deputy Chief of Staff for Personnel,
United States Military Academy

Acting Chief, Administrative Services, National
Guard Bureau

22

24



FREEDOM OF INFORMATION ACT
ANNUAL REPORT
CALENDAR YEAR 1994

SUMMARY

A total of 107,486 public requests for records under the Freedom of Information Act
(FOIA) were completed during 1994 by the Department of Defense. As shown below, there
was a slight decline in the number of cases processed in 1994 from the previous year.

1D FOL I

150,000
125,000
C 100,000
S$ 75,000
$50,000

25,000

7% 76 77 78 79 8 81 82 88 84 8 86 87 88 89 90 91 92 93 4
YEAR

The Department of Defense fully denied 1,998 and partially denied 9,523 out of
107,486 requests on the basis of FOIA exemptions. Of those exemptions, 11% were for
classified information; 6% for internal rules and practices; 6% for statutory exemptions;
11% for proprietary data; 15% for deliberative material; 28% for privacy information; and
22% for law enforcement investigations. An additional 27,075 requests could not be filled
in whole or in part for other reasons, such as lack of records, referral to another agency, or
lack of specificity sufficient to identify the requested records. There were 1,469 actions
taken on appeals of denied requests, (58 granted, 281 partially denied, 515 fully denied,
and 615 could not be filled for other reasons, as mentioned earlier).



DEFENSE MAPPING AGENCY
Black, David L. Civ Deputy Director, Command Information

DEFENSE NUCLEAR AGENCY
Ullrich, George W. Civ Deputy Director

NATIONAL RECONNAISSANCE OFFICE
Healy, Michael P. Civ Director, External Relations

NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICE
Baer, Louis A. Civ Acting Director of Policy, Office of Policy
Smith, Michael A. Civ Director of Policy, Office of Policy

OFFICE OF THE INSPECTOR GENERAL, DOD

Dulacki, Nadine K. Civ Chief, Freedom of Information/Privacy Act
Office

46

35

26

30

138
297

225



Jaudon, J.E.

Jones, D.A.

Jones, D.A.

Jones, R.A.

Jones, R.G., Jr.

Kamrath, R.A.

Kaskin, J.D.

Kelley, P.W.

Kelly, L.J.

Kennedy, W.S.

Kihune, R.K.U.
Kotzen, P.F.
Kristensen, E.K.

Krol, J.J.

Kubic, C.R.

Lautenbacher, C.C., Jr.

Capt

Capt

Capt

Capt

Civ

LtCol

VAdm

Capt

Capt

VAdm

Vice Commander, Navy Exchange Command,
Naval Supply Systems Command

Director, Submarine Warfare Division (N87),
Office of the Chief of Naval Operations

Commander, Submarine Group 8, United States
Atlantic Fleet

Director, Administration Support Division, Navy-
Marine Corps Appellate Review Activity

Chief of Naval Technical Training, Naval
Education and Training Activities

Chief of Staff, Naval Base, Norfolk, United States
Atlantic Fleet

Director, Logistics Plans and Policy/Strategic
Sealift Programs Division (N42), Office of the
Chief of Naval Operations

Deputy Assistant Judge Advocate General,
Administrative Law

Director of Administration and Resources
Management, Headquarters Marine Corps,
Washington, DC

Deputy Director, Manpower Division Marine
Corps Combat Development Command, Quantico,
VA

Chief, Naval Education and Training Activities
Deputy Inspector General

Commander, United States Naval Forces
Marianas, United States Pacific Fleet

Chief of Staff, Submarine Force, United States
Atlantic Fleet

Vice Commander, Atlantic Division, Naval

Commander THIRD Fleet, United States Pacific
Fleet

30

65

23

40

29



Katahara, Lester K.
Kelly, Lawrence W.
Kessler, Brian L.

Kilgallon, John A.

Koenig, Robert F.
Land, Mark R.
Leaf, Howard W.

Lepper, Edward C.

Lezy, Normand G.
Linder, N. Steven
Love, David R.
Lowas, Albert F.
Malandrino, J. Paul

Marro, Michael C.

Mattice, James J.

Col

LtCol

Col

Maj

Col

Civ

Maj

MajGen

Col

Col

Civ

Col

LtCol

Civ

Staff Judge Advocate, Ogden Air Logistics
Center, Air Force Materiel Command

Acting Staff Judge Advocate, Warner Robins Air
Logistics Center, Air Force Materiel Command

Staff Judge Advocate, Electronic Systems
Center, Air Force Materiel Command

Acting Chief, Office of Information
Management, Headquarters Air Mobility
Command

Director, Information Management, Air Force
Space Command

Acting Staff Judge Advocate, Sacramento Air
Logistics Center, Air Force Materiel Command

Director, Test and Evaluation, Headquarters
United States Air Force

Acting Chief, Office of Information
Management, Headquarters Air Intelligence
Agency

Director, Legislative Liaison, Office of the
Secretary of the Air Force

Staff Judge Advocate, Air Force Flight Test
Center, Air Force Materiel Command

Deputy Director, Legislative Liaison, Office of
the Secretary of the Air Force

Deputy Director, Air Force Base Conversion
Agency

Chief, Inquiries, Office of The Inspector
General, Office of the Secretary of the Air Force

Deputy Director, Information Management,
Headquarters Air Education and Training
Command

Deputy Assistant Secretary (Research and
Engineering), Office of the Assistant Secretary
(Acquisition)

39

15

69

83

28



Simek, Peggy O.

Solomon, Sandy

Taylor, Thomas W.
Thomason, Matthew D.,
Ill

Tilelli, John H.

Tillery, Herbert R.

Tozzi, Kenneth J.
Trant, Charles E.

VanLieu, Edna M.
VanProoyan, J. A.
Varady, Joseph P., Jr.
Vela, Hector

Wallace, Stewart W.
Williams, Lynn D.
Wixted, Michael G.

Woodard, William D.

LtCol

Civ

Civ
Civ

LtGen

Col

Capt

Civ

BrigGen

Civ

BrigGen

Civ

Col

Civ

Principal Assistant Responsible for
Contracting, Military Traffic Management
Command

Division Counsel-North Central District, Corps
of Engineers

Deputy General Counsel

Division Counsel-Transatlantic District, Corps
of Engineers

Deputy Chief of Staff, Security, Force
Penetration, and Law

Commandant, United States Disciplinary
Barracks

Judge Advocate, Pine Bluff Arsenal

Chief, Criminal Law Division, Office of the
Judge Advocate General

Chief, Contracting Division, United States
Army Training and Doctrine Command

Head, Contracting Activity, United States
Army Strategic Defense Command

Acting Deputy Assistant Secretary for
Procurement

Division Counsel-Southwestern District, Corps
of Engineers

Director, Assistant Deputy Chief of Staff for
Operations and Plans, Training

Acting Chief, Field Operations Division, United
States Total Army Personnel Command

Chief of Staff, United States Total Army
Personnel Command

Laboratory Counsel-Construction Engineering
Research District, Corps of Engineers

25

11

67

25

76

105

14



Item 3

Initial Denial Authorities by Participation

Akins, Carl Civ Director, Acquisitions and Administration, 27
Office of Civilian Health and Medical Program
of the Uniformed Services

Alexander, Robert M. LtGen Deputy Assistant Secretary of Defense 3
(Personnel and Readiness)

Allen, Jerrold P. MajGen Director, Plans and Policy, ECJ5, United States 1
European Command

Barringer, Philip E. Civ Director, Foreign Military Rights Affairs 1

Basel, John M. Col Executive Assistant to Deputy Commander/ 8
Chief of Staff, United States Pacific Command

Basye, Melvin L. Civ Inspector General, Defense Courier Service 1

Baumgardner, Haynes M., Col Deputy Director, Manpower, Personnel and 8

dr. Administration, ECJ1, United States European
Command

Berry, John A. Civ Director, European Policy, Deputy Assistant 1

Secretary of Defense (European and NATO
Policy), Assistant Secretary of Defense
(International Security Affairs)

Blakeslee, Donald J. Civ Acting Director, Freedom of Information and 6
Security Review, Assistant to the Secretary of
Defense (Public Affairs)

Bronson, Lisa Civ Director, Negotiations and Implementation, 1
Assistant Secretary of Defense (International
Security Policy)

Brooks, Ann Civ Director, Special Events, Under Secretary of 1
Defense (Personnel and Readiness)



CHAPTER VI
FEE SCHEDULE
Section 1
GENERAL PROVISIONS

6-100 Authorities

The Freedom of Information Act (5 U.S.C. 552), as amended; by the Freedom of
Information Reform Act of 1986; the Paperwork Reduction Act (44 U.S.C. 35); the Privacy
Act of 1974 (5 U.S.C. 552a); the Budget and Accounting Act of 1921 (31 U.S.C. 1 et. seq.);
the Budget and Accounting Procedures Act (31 U.S.C. 67 et. seq.); the Defense
Authorization Act for FY 87, Section 954, (P.L. 99-661), as amended by the Defense
Technical Corrections Act of 1987 (P.L. 100-26).

6-101 Application

a. The fees described in this Chapter apply to FOIA requests, and conform to the
- Office of Management and Budget Uniform Freedom of Information Act Fee Schedule and

Guidelines. They reflect direct costs for search, review (in the case of commercial
requesters); and duplication of documents, collection of which is 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 (r)),
which does not supersede the collection of fees under the FOIA. Nothing in this Chapter
shall supersede fees chargeable under a statute specifically providing for setting the level of
fees for particular types of records. A "statute specifically providing for setting the level of
fees for particular types of records" (5 U.S.C. 552 (a)(4)(a)(vi) means any statute that
enables a Government Agency such as the Government Printing Office (GPO) or the
National Technical Information Service (NTIS), to set and collect fees. Components should
ensure that when documents that would be responsive to a request are maintained for
distribution by agencies operating statutory-based fee schedule programs such as the GPO
or NTIS, they inform requesters of the steps necessary to obtain records from those sources.

b. The term “direct costs" means those expenditures a Component actually makes in
searching for, reviewing (in the case of commercial requesters), and duplicating documents
to respond to an FOIA request. Direct costs include, for example, the salary of the
employee performing the work (the basic rate of pay for the employee plus 16 percent of
that rate to cover benefits), and the costs of operating duplicating machinery. These factors
have been included in the fee rates prescribed at Section 2 of this Chapter. Not included in
direct costs are overhead expenses such as costs of space, heating or lighting the facility in
which the records are stored.

c. The term "search" includes all time spent looking for material that is responsive
to a request. Search also includes a page-by-page or line-by-line identification (if necessary)
of material in the document to determine if it, or portions thereof are responsive to the
request. Components should ensure that searches are done in the most efficient and least

61


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i 8

(P,F40D) (Q)OT W991



Item 4

Appeal Determinations

Denied| _ Denied|

in Part) in Full]

17 5

59 155

98 256
[Dept Air Force 121 4 30 43 44 121)
IDCAA 1 0 0 1 0 1
DFAS fy) 0 0 0 0 t)
‘DIA. 54 0 34 19 1 54)
DIS 3) 0 1 0 2 3]
DISA 0 0 0 0 0 0
DLA 11 0 6 0 5 11
IDMA. 4 1 0 2 1 4
IDNA 6 0 2 2 2 6
INRO 8 1 0 2 5 si
INSA/CSS 83 3 18 28 41 90)
[OIG, DOD 25) 7 1 16 2 6 25)
IDOD Totals {803 58 281)

* Total Actions may exceed Total Requests because more than one

action may be taken on a single request.

47



Item 5(b)

Statutes Invoked on Appeal Determinations

Statute __

10 USC 130

10 USC 618 (e)

10 USC 1102 (f)

10 USC 2796

18 USC 798

22 USC 2778 (e)

41 USC 423

42 USC 2161-2168, P.L. 703

50 USC 401 et seq., as
amended, Sec 403-8 (c)(5)

50 USC 402 Note, Sec 6,
P.L. 86-36

32)

43

50 USC 2407

Agency

49



Harvey, George C.

Hassebrock, Ronald

Hawthorne, Everett

Henley, Charles W.

Hensler, Robert M.

Holbein, Jack R.

Janssen, Daniel F.

Jaramillo, Mari-Luci

Johnson, Darel S.

Juhl, Clarence H.

Kibota, Kazuno

Kingsley, James A.

Kirsch, Kevin

Klinger, Gil

Col

Col

Col

Civ

Col

Col

Civ

Civ

Civ

Civ

Civ

Col

Maj

Civ

Vice Commander, Air Force District of
Washington

Deputy Director, Under Secretary of Defense
(Acquisition and Technology)

Executive Assistant, Strategic and Space
Systems, Under Secretary of Defense
(Acquisition and Technology)

Chief, External Affairs, Defense Prisoner-of-
War/Missing-in-Action Office

Chief, Strategic Plans Division, Strategic
Planning and Policy Directorate, United States
Pacific Command

Deputy Chief of Staff, United States Special
Operations Command

Assistant Director, Management Operations,
Ballistic Missile Defense Organization

Deputy Assistant Secretary of Defense (Inter-
American Affairs), Assistant Secretary of
Defense (International Security Affairs)

Director, European Policy, Assistant Secretary
of Defense (International Security Policy)

Acting Principal Director, European Policy,
Deputy Assistant Secretary of Defense
(European and NATO Policy), Assistant
Secretary of Defense (International Security
Affairs)

Chief, Administrative Support Division, Joint
Secretariat, United States Pacific Command

Chief, Special Operations Division, Operations
Directorate, United States Pacific Command

Military Assistant, Assistant Secretary of
Defense (Legislative Affairs)

Director, Space and Advanced Technology
Strategy, Deputy Assistant Secretary of
Defense (Forces Policy), Assistant Secretary of
Defense (International Security Policy)

12