Bolt, William E.
Borland, David

Boylan, Peter J.
Brook, Douglas A.

Bruns, Thomas E.
Bussey, Frederick N.
Cisneros, Mare A.
Ciummo, David
Cohen, Martin

Corman, Roger
Cuthbert, Thomas R.

Dausman, George E.
DiGiovani, Joseph

Downhour, 0. Wayne

Fisher, Robert L.

Fowler, Joseph C., Jr.

BrigGen

Col

MajGen

MajGen

Civ

Capt
BrigGen

Civ

Col

Col

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

Director, United States Army Information
Systems Selection and Acquisition Agency

Acting The Inspector General

Assistant Secretary of the Army for Financial
Management

Principal Assistant Responsible for
Contracting, United States Army Forces
Command

Deputy Surgeon General

Acting The Inspector General

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

Assistant Chief Counsel for Litigation, Corps of
Engineers

Chief Counsel, Tooele Army Depot

Assistant Judge Advocate General, Office of the
Judge Advocate General

Deputy Assistant Secretary of the Army for
Procurement

Division Counsel-New England District, Corps
of Engineers

Principal Assistant Responsible for
Contracting, United States Army Training and
Doctrine Command

Acting Chief, Administrative Operation
Support, United States Army Information
Systems Command-Pentagon

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

18

10

42

76

66

18

59



Nuber, Philip W.

Oakes, Howard J.

OBerry, Carl G.

OBrien, William E.

Olear, Richard J.

Olschnel, C. E.

O'Shaughnessy, Gary W.

Pardini, Edward A.
Parker, Charles W.
Pasieczny, Reginald E.
Pavich, M. D.
Peterson, Richard A.

Pugh, Larry G.

BrigGen

Col

MajGen

MajGen

Col

MajGen

Col

Assistant Deputy Under Secretary
(International Affairs)

Chief of Staff, Electronics Systems Center,
Headquarters Air Force Materiel
Command/Chief of Staff, Electronics Systems
Division, Headquarters Air Force Systems
Command

Deputy Chief of Staff for Command, Control,
Communications & Computers, Headquarters
United States Air Force

Chief of Staff, Space and Missile Systems
Center, Headquarters Air Force Materiel
Command/Chief of Staff, Space Systems
Division, Headquarters Air Force Systems
Command

Assistant Chief of Staff Intelligence,
Headquarters United States Air Force

Vice Commander, 16th Air Force, Headquarters
United States Air Forces in Europe

Commander, Air Force Intelligence Command

Director, Information Management, Office
Secretary of the Air Force

Commander, Headquarters Air Force Safety
Agency

Acting Chief of Staff, Headquarters United
States Air Force Academy

Commander, Sacramento Air Logistics Center,
Headquarters Air Force Logistics Command

Acting Chief, General Law Division,
Headquarters United States Air Force

Executive Assistant, Warner Robins Air
Logistics Center, Headquarters Air Force
Materiel Command/Executive Assistant,
Warner Robins Air Logistics Center,
Headquarters Air Force Logistics Command

39

63

38

73

73


Freeman, Bruce M.

Fry, Cecil W.

Gatliff, Robert E.

Gereg, Samuel W.

Gideon, Francis C., Jr.

Gillis, R. F.

Grime, Jeffrey R.

Hammond, Trevor A.

Hannan, Stephen J.

Harris, Marcelite

Harvey, George C.

Heinke, Wayne R.

Hokkanen, Jerry

Honeycutt, David F.

Civ

Civ

BrigGen

MajGen

BrigGen

LtGen

Civ

BrigGen

Col

Col

Col

Col

Chief of Staff, Headquarters Pacific Air Forces

Director, Information Release, Headquarters
Air Force Office of Special Investigations

Vice Commander, Air Force Military Personnel
Center

Acting Chief of Staff, Air Force Development
Test Center, Headquarters Air Force Materiel
Command/Acting Chief of Staff, Air Force
Development Test Center, Headquarters Air
Force Systems Command

Commander, Foreign Aerospace Science &
Technology Center, Air Force Intelligence
Command

Commander, Warner Robins Air Logistics
Center, Headquarters Air Force Logistics
Command

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

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

Director, Information Systems Support,
Headquarters Air Reserve Personnel Center

Vice Commander, Oklahoma City Air Logistics
Center, Headquarters Air Force Materiel
Command/Vice Commander, Oklahoma City
Air Logistics Center, Headquarters Air Force
Logistics Command

Vice Commander, Air Force District of
Washington

Director, Information Management,
Headquarters Air Force Space Command

Vice Commander, 17th Air Force, Headquarters
United States Air Forces in Europe

Commander, Air Force Morale, Welfare &
Recreation Agency

35

513

16

11

19

20


Castle Berry, John

Cook, Janet C.
Correll, C. D.

Curry, M. D.

Ellis, Ernest D.
Flessate, G. C.
Garret, L. T.
Grosse, Vinson G.

Klick, Jean E.

Knapp, Thomas J.

Kobernus, George
Labounty, James W.
Lebarron, R. S.

Lehman, Miles R.
Lenius, Harlan J.
Malone, Michael J.
McCoy, Ray

Roy, Roger C.
Simpson, L. E.
Stewart, John N.

Thompson, Lee

Col

Capt

Capt

Civ
BrigGen

BrigGen

Col
Col

Col

Col

Chief of Staff, Defense Personnel Support
Center

Staff Director, Contracting Integrity

Commander, Defense Distribution Depot-
Ogden

Commander, Defense Distribution Depot-
Ogden

Deputy Executive Director, Quality Assurance
Staff Director, Congressional Affairs
Commander, Defense Electronic Supply Center

Commander, Defense Contract Management
District South

Commander, Defense Contract Management
District West

Assistant Director, Information Systems &
Technology

Commander, Defense Logistics Services Center
Commander, Defense Distribution Region West

Acting Commander, Defense Electronic Supply
Center

Staff Director, Command Security

Staff Director, Command Security

Associate General Counsel

Commander, Defense Industrial Supply Center
Assistant Director, Policy & Plans
Commander, Defense Logistics Services Center

Commander, Defense Reutilization &
Marketing Service

Commander, Defense Contract Management
District Central

125

13

20

12

12

57



Groves, Linda K.

Hall, Thomas F.

Harding, James R.

Hardy, Robert S., Jr.

Hawkins, Charles A.

Hermes, Harald G.

Horn, S. K.

Ikle, Fred

Toffredo, Michael L.

dJajko, Walter

Janssen, Daniel F.

Jehn, Christopher

Johnson, Darel S.

Juhl, Clarence

Kahn, William

Capt

BrigGen

BrigGen

Civ

MajGen

Civ

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

Commander, Iceland Defense Force, United
States Atlantic Command

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

Director, Manpower, Personnel and Security,
United States European Command

Principal Deputy for Intelligence, Assistant
Secretary of Defense (Command, Control,
Communications & Intelligence)

Commander, 9th Air Force, United States
Central Command

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

Under Secretary of Defense for Policy
Deputy Assistant Secretary of Defense
(Strategic Programs), Assistant Secretary of
Defense (Program Analysis & Evaluation)

Director, Special Advisory Staff, Deputy Under
Secretary of Defense for Security Policy

Assistant Director, Management Operations,
Strategic Defense Initiative Organization

Assistant Secretary of Defense (Force
Management & Personnel)

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

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

Director, Theater Nuclear Forces Policy,

Assistant Secretary of Defense (International
Security Policy)

12.

10

10

34



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.

72



documents and attorney fees. FBI has several "Operation Ill Wind" investigations pending,
so will move to dismiss and, in alternative for "Open America" stay. Draft answer
submitted claiming no subject matter jurisdiction, because Navy does not control the
requested records, and failure to exhaust administrative remedies. Case dismissed
(obtained a court order) on November 13, 1992.

John K. Walsh v. Department of the Navy, C.A. 91-C-7410, N.D. IL. Plaintiff seeks
documents pertaining to the Naval Air Reserve Force Inspector General complaint initiated
by Plaintiff in 1988. Plaintiff filed an Article 188 Complaint when a more junior officer was
selected Executive Officer of VR-60. Plaintiff's FOIA request was denied; on appeal
Plaintiff received releasable portions and withheld opinions and recommendations of the
investigating officer. Motion for Summary Judgment granted on March 20, 1992.

Antuco, Inc, v. Defense Intelligence Agency, CA 92-0957, U.S.D.C. DC. Plaintiff
requested records from DIA pertaining to Carlos Cardoen. During its review, DIA found
four documents originated by the Naval Intelligence Command and forwarded them for
direct response to Plaintiff. On November 18, 1991, the Naval Intelligence Command
responded to the Plaintiff by withholding documents in their entirety as exempt under
FOIA. Plaintiff voluntarily dismissed case on July 31, 1992.

Raymond F, Grill v. United States, C.A. S-92-876GEB GGH, E.D. CA. Plaintiff alleges
that he sent a FOIA request in April 1991 to the National Personnel Records Center, St.
Louis, requesting his USMC service record, but was sent an incomplete record as his DD-
214 was missing. Motion to dismiss granted September 25, 1992.

Freedom Newspapers v, U.S. Navy, C.A. 91-6472-DWW, C.D. CA. Plaintiff, Freedom
Newspapers, Inc., DBA as the Orange County Register, alleges wrongful withholding of
NCIS, CID and other documents pertaining to the investigation of the October 90 sexual
assault at the Officer's Club, Marine Corps Air Station, El Toro. Plaintiff challenges the
withholding of law enforcement documents which he claims could have been redacted to
protect against the unwarranted invasion of personal privacy asserted by the Navy.
Defendant's Motion for Summary Judgment granted June 12, 1992.

Kimberlin v, U.S, Navy, C.A. 82-1505C, S.D. IN. Freedom of Information/Privacy Act
action seeking release of Naval Criminal Investigative Service records. The Privacy Act
was treated as a FOIA exemption (b\(3) statute and documents withheld under 552a(j)(2)
and 552(b)(3). Navy's Motion for Summary Judgment was granted in the District Court in
1983. While the case was pending appeal, the Privacy Act was amended to clarify that the
Privacy Act is not a FOIA exemption (bX3) statute. The case was remanded to district
court for reconsideration. Motion to dismiss renewed. Court closed case on October 26,
1992.

2 nited S

onal Marine Carriers, v ed States M ry Sealift a
al., C.A. 91-3280 NHJ, U.S.D.C. DC, December 24, 1991. Lawsuit alleging that the
Military Sealift Command (MSC) failed to comply with statutory time limits, that IMC has
exhausted its administrative remedies, and that MSC's delay constitutes a denial of IMC's
request. On January 17, 1992, Government filed an answer raising exhaustion of
administrative remedies and lack of standing affirmative defenses. Subsequently, MSC

54



DEFENSE LOGISTICS AGENCY

Farrell, L. P., dr.
Henry, C. R.

McCausland, C.
Straw, E. M.

DEFEN

Obloy, Edward J.

MajGen Deputy Director

MajGen Commander, Defense Contract Management
Command

LtGen Director

VAdm Director

I ENCY

Civ General Counsel

DEFENSE NUCLEAR AGENCY
Hagemann, Kenneth L. MajGen Director

AL RE

None

N. cE
Parsons, Donald L.
Prestel, Robert L.

F THE INSP

Lutsch, Nicholas T.

AN FFICE

R 'Y/CEl AL
Civ Executive Director

Civ Deputy Director

R GENERAL, DOD

Civ Assistant Inspector General of Administration
and Information Management

52.

21



RMS Industries v. DoD, C.A. C-92-1545, U.S.D.C. N.D. CA. FOIA requester sought the
release of documents related to bid solicitation number DLAHOO-91-R-0366A. The agency
had withheld the documents pursuant to FOIA exemptions (bX(4) and (bX5). Ina
November 1992 decision the court ordered the government to release certain information
regarding price, terms and conditions contained in contract bids which had been withheld
under (b)(4).

A’ Et ITY A af

Jean Francois Lisee v. CIA. et, al., C.A. 89-1266, U.S.D.C. DC, May 9, 1989.
Plaintiffjournalist filed suit against the government for information on the Quebec
separatist movement. Motion for summary judgment filed October 17, 1989. NSA
submitted an unclassified declaration in December 1990 as a supplement to an earlier
submission in July 1989. The case was dismissed with prejudice on June 19, 1992.

i i i , C.A. 92C-0318-S, W.D. WI, April
23, 1992. Action was brought for release of NSA's affidavit filed in a 1980 case between
Citizens Against UFO Secrecy and NSA. The judge granted NSA's Motion for Summary
Judgment on September 10, 1992. Plaintiff was pro se and the judge ruled after an
unclassified declaration was submitted, without the necessity of filing a classified
declaration for in camera ex parte review.

58



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 (aX4)(aXvi) 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

62



Item 6

1 Deni horiti esas

OSD/JS

Taylor, Robert W. Civ Principal Deputy Assistant Secretary of 9
Defense (Public Affairs)

Williams, Pete Civ Assistant Secretary of Defense (Public Affairs) 27

RTM EAR

Grayson, William E. Civ Principal Deputy General Counsel, Office of the 72
Army General Counsel

Gamboa, Anthony H. Civ Deputy General Counsel (Acquisition), Office of 11
the Army General Counsel

Peck, Darrell L. Civ Deputy General Counsel (Military & Civil 65
Affairs), Office of the Army General Counsel

Reres, Matt Civ Deputy General Counsel (Fiscal Law & Policy), 22
Office of the Army General Counsel

Taylor, Thomas Ww. Civ Deputy General Counsel (Installations and 45
Operations), Office of the Army General .
Counsel

Di RTME! IE NAVY

Albrecht, D. A. Capt Assistant Judge Advocate General (Civil Law) 82

Dombrowski, J. E. Capt Acting Assistant Judge Advocate General (Civil 1
Law)

Geer, J. J. Capt Acting Assistant Judge Advocate General (Civil 17

Law)

50



Sconoyers, Anthony

Sealock, Jane B.

Shapiro, Alan

Solomon, Sandy
Stolarcek, William G.
Tempel, Thomas R.
Thomason, Matthew D.,
Il

VanLieu, Edna M.

Vela, Hector

Wise, Franklin F.

Woodard, William D.

EPARTMEN:

Ailes, R. H.

Albrecht, D. A.

Almand, L. R.

Anderson, R. E.

Civ
Col

MajGen
Civ

Col

Civ

Capt

Cdr

Acting Chief Counsel, United States Army
Armament, Munitions, and Chemical
Command .

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

Division Counsel, South Pacific District, Corps
of Engineers

Division Counsel-North Central District, Corps
of Engineers

Deputy Commander, United States Army
Safety Center

Acting Deputy Surgeon General

Division Counsel-Transatlantic District, Corps
of Engineers

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

Division Counsel-Southwestern District, Corps
of Engineers

Chief of Staff, United States Total Army
Personnel Command

Laboratory Counsel-Construction Engineering
Research District, Corps of Engineers

VY

Commander, Space and Naval Warfare
Systems Command

Fleet Judge Advocate, United States Pacific
Fleet

Staff Judge Advocate, Commander, Patrol
Wings, United States Pacific Fleet

Acting Chief of Staff, Tactical Wings Atlantic,
United States Atlantic Fleet

22

335

15

45

95

25



Rak, Daniel S.
Ramsey, Stephen F.
Rauschkolb, Richard S.
Ray, Alan C.

Rhoden, Harold H.
Riddick, Richard
Rooney, Basil

Rosenmeier, Harvey O.
Ross, Charles E., Jr.

Saxon, Vernon P.
Smallwood, Glenn H.

Snell, Linwood
Speelman, Thomas Jr.

Spiers, Joseph K.

Spitzer, Leonard S.

Stanford, Kenneth L.

Civ

BrigGen

Col

Col

Col

Capt

Col

MajGen

Col

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

Chief of Staff, Headquarters United States Air
Force Academy

Commander, Headquarters Air Force Historical
Research Agency

Chief of Staff, Air Force Development Test
Center

Deputy Inspector General, Office Secretary of
the Air Force

Vice Commander, 3d Air Force, Headquarters
United States Air Forces in Europe

Vice Commander, 17th Air Force, Headquarters
United States Air Forces in Europe

Chief of Staff, Headquarters Air Force Reserve

Acting Director, Information Management,
Headquarters Air University

Vice Commander, Air Force Flight Test Center

Director, Information Management,
Headquarters Air Force Materiel Command

Assistant Chief of Staff, Headquarters United
States Air Forces in Europe

Assistant Chief of Staff, Headquarters United
States Air Forces in Europe

Commander, Oklahoma City Air Logistics
Center, Headquarters Air Force Materiel
Command/Commander, Oklahoma City Air
Logistics Center, Headquarters Air Force
Logistics Command

Military Assistant to the Administrative
Assistant to the Secretary of the Air Force

Vice Commander, Air Force Technical
Applications Center

40 .

23

22

22

15



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 Effect of the Debt Collection Act of 1982 (P.L. 97-365).

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).

71



OSD/JS

Dept Army
Dept Navy
Dept Air Force
DCAA

DFAS

DIA

DIS
DISA

DLA

DMA

DNA

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 Richard B. Cheney

Hon Michael P. W. Stone
Hon Sean O'Keefe

Hon Donald B. Rice

Mr. Albert V. Conte
LtGen James R. Clapper,
USAF

Mr. John F. Donnelly

LtGen Alonzo E. Short, Jr.,
USA

VAdm Edward M. Straw,
USN

MajGen William K. James,
USAF

MajGen Kenneth L.
Hagemann, USAF

Hon Martin C. Faga

VAdm J. M. McConnell,
USN

Mr. Derek J. Vander
Schaaf


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
Grade

Type
Clerical E9/GS8 and below

(Minimum Charge)

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

Aerial photographs, specifications, permits,

charts, blueprints, and other technical
documents

Engineering data (microfilm)
a. Aperture cards

(i) Silver duplicate negative, per card
When key punched and verified, per card

(ii) Diazo duplicate negative, per card
When key punched and verified, per card

b. 35mm roll film, per frame
ce. 16mm roll film, per frame

74

13.25
8.30

$2.50

15
85

65
15

50
45



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;

73



Item 10(a)

(New categories or segregable portions of records now being revealed.)

None

76



Boyd, Richard L.

Brotzman, Robert

Buethe, Robert A.

Burke, Jerry M.

Burton, William M.

Caulfield, John B.

Chambers, James

Chapman, Thomas N.

Closner, John J.
Cole, J. B.
Colley, King S.

Cooper, J. G.

Couto, C. Douglass
Cozza, James A.
Creller, Bruce O.

Crooper, Thomas L.

MajGen

Civ

LtCol

LtCol

MajGen

Col

MajGen

Civ

CMSgt

Civ

LtCol

Col

LtCol

Director, Information Management,
Headquarters Air University

Vice Commander, 3d Air Force, Headquarters
United States Air Forces in Europe

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

Acting Director, Information Management,
Headquarters Air Force Materiel Command

Director, Security & Oversight, 696 Intelligence
Group, Air Force Intelligence Command

Acting Commander, 696 Intelligence Group, Air
Force Intelligence Command

Commander, 17th Air Force, Headquarters
United States Air Forces in Europe

Director, Information Management,
Headquarters Air Combat Command

Chief, Air Force Reserve, Headquarters United
States Air Force

Director, Air Force Center for Environmental
Excellence

Acting Director, Information Management,
Headquarters Air University

Assistant Secretary of the Air Force
(Manpower, Reserve Affairs, Installations &
Environment)

Director, Information Management,
Headquarters Air Force Intelligence Command

Director, Information Management,
Headquarters, Pacific Air Forces

Chief of Staff, Air Force Military Personnel
Center :

Acting Chief of Staff, Human Systems Center

33

28

1

61

77



Fox, Alexander J.

Frenette, Richard

Frost, John W.

Fugh, John L
Futch, Michael

Gaines, Toni M.

Griffith, Ronald H.

Griner, Remer W.

Guinan, William J.
Hall, Warren D.

Hamilton, Milton H.

Heath, Herman S.

Higgenbotham, Robert D.

Hilts, Earl T.

Hiltz, James E.

Hobbs, Quincy C., Jr.

MajGen
Civ

LtCol

Civ

Col

Director, Command, Control, Communications
and Computers, United States Army Forces
Command

Counsel-Humphreys Engineers Center District,
Corps of Engineers

Acting Commander, United States Army
Reserve Personnel Center

The Judge Advocate General

Chief Counsel, Tobyhanna Army Depot
Acting Principal Assistant Responsible for
Contracting, United States Army Forces
Command

The Inspector General

Chief, Technical Service Branch, United States
Total Army Personnel Command

Counsel, United States Army Audit Agency

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

Administrative Assistant, Office of the
Secretary of the Army

Deputy Commander, United States Army
Safety Center

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

Chief, Staff Judge Advocate's Office, Watervliet
Arsenal

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

Principal Assistant Responsible for

Contracting, United States Army Contracting
Center, Europe

19.

12

11

10

174
46

39

35

105

25



Dobler, J. C.
Dur, P. A.

Dwinelle, W. A.

Earner, W. A.

Eddington, D. E.
Enterline, E. R.
Epstein, H. S.

Estes, G. B.
Fahy, A. W.
Filipiak, F. L.
Finch, M. D.

Finney, J. H.
Fiske, R. N.

Fladd, W. R.
Foshay, W. E.
Fuller, R. C.

Gabriel, C. A.

Capt

RAdm

Capt
Capt

Capt

Capt

Cdr

Capt

Capt

Capt

Commander, Atlantic Division, Naval Facilities
Engineering Command

Commander, Crusier-Destroyer Group Eight,
United States Atlantic Fleet

Commander, Medium Attack Tactical
Electronic Warfare Wing, United States Pacific
Fleet

Director, Office of Budget & Reports, Office of
the Comptroller

Force Judge Advocate, Naval Reserve Force
Director, Navy Space Systems Division (N63)

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

Commanding Officer, Pacific Division, Naval
Facilities Engineering Command

Commander, Naval Surface Force Group, Long
Beach, United States Pacific Fleet

Commanding Officer, Ships Parts Control
Center, Naval Supply Systems Command

Deputy Assistant Judge Advocate General,
Claims and Tort Litigation

Commander, Naval Safety Center

Deputy Assistant Judge Advocate General,
Investigations

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

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

Inspector General, Naval Intelligence
Command

Commander, Naval Imaging Command

25.

11

15

18
92

18



Middleton, Douglas J.
Moore, Edward J.
Murray, Robert E.

Otgen, John P.
Page, Reba

Parks, W. Hays

Peay, J. H. Binford, III
Petrilli, F. J., Jr.
Pettinato, Bert
Phillips, Zane

Reakey, Leslie E.
Reinke, Cecil

Retson, Nicholas
Rogers, D. Anthony
Rucker, John T.

Sandler, Roger W.
Schweppe, John E.

LtCol |

MajGen

LtGen
Col

Civ

Col
LtCol

LtCol

MajGen
LtCol

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

Principal Assistant Responsible for
Contracting, United States Army South

Assistant Judge Advocate General, Office of the
Judge Advocate General

Acting The Inspector General

Division Counsel-Ohio River District, Corps of
Engineers

Chief, International Law Branch, Office of the
Judge Advocate General

Deputy Chief of Staff for Operations and Plans
Director, Administrative Operation Support,
United States Army Information Systems
Command-Pentagon

Division Counsel-Pacific Ocean District, Corps
of Engineers

Principal Assistant Responsible for Contracting
Strategic Defense Command

Chief Counsel, Blue Grass Army Depot

Division Counsel-North Pacific District, Corps
of Engineers

Chief Counsel, United States Army Test and
Evaluation Command

General Counsel, Army and Air Force
Exchange Service

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

Chief, Army Reserve

Principal Assistant Responsible for
Contracting, United States Army South

21

10

183
47

57



D'Alexander, Joseph F.

Darby, Thomas A.

Debellevue, Charles B.

Delligatti, Robert

Diekman, Jack L.

Donley, Michael B.

Dorger, John M.

East, Belinda A.

Ervin, Marvin E.

Fairbrother, Clarence L.

Fischer, Eugene H.

Fister, Bruce L.

Flora, Gary

Flynn, Mary F.

Civ

Col

Col

MajGen

Civ

BrigGen

Col

LtGen

MajGen

LtCol

Executive Assistant, Sacramento Air Logistics
Center, Headquarters Air Force Materiel
Command

Director, Information Management,
Headquarters Air Mobility Command/Director,
Information Management, Headquarters
Military Airlift Command

Chief of Staff, Air Force Flight Test Center,
Headquarters Air Force Systems Command

Chief of Staff, Headquarters United States Air
Forces in Europe

Director, Information Management,
Headquarters, Tactical Air Command/Director,
Information Management, Headquarters, Air
Combat Command

Assistant Secretary of the Air Force (Financial
Management & Comptroller)

Chief of Staff, Headquarters United States Air
Force Academy

Director, Information Management,
Headquarters Air University

Director of Intelligence Plans & Requirements,
Assistant Chief of Staff, Intelligence

Commander, 696 Intelligence Group, Air Force
Intelligence Command

The Inspector General, Office Secretary of the
Air Force

Commander, Headquarters Air Force Special
Operations Command

The Civil Engineer, Headquarters United
States Air Force :

Acting Director, Information Management,
Headquarters Air Mobility Command/Acting
Director, Information Management,
Headquarters Military Airlift Command

34

17

129

11

67

10

11

12



Smith, Frederick C.

Smith, Mason E.
Spector, Eleanor
Steen, Jim
Stremple, John L.
Stringer, George T.
Sullivan, Peter M.
Trosch, Dennis
Tucker, Alvin
Vesser, Dale A.
Viccellio, Henry, Jr.
Vincent, W. Gregory
Watson, Harvey D.

Woods, Roy S.

Woodworth, John A.

Civ

Col

Civ

Col

LtGen
Maj

Col

Civ

Civ

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

Deputy Chief of Staff, United States Space
Command

Director, Defense Procurement

Special Assistant (International Security
Affairs), Assistant Secretary of Defense
(Legislative Affairs)

Director, Department of Defense Dependents
Schools

Executive Assistant to the Department of
Defense Comptroller

Acting Deputy Under Secretary of Defense
(Trade Security Policy)

Deputy General Counsel (Acquisition &
Logistics), General Counsel

Deputy Comptroller (Management Systems),
Department of Defense Comptroller

Assistant Deputy Under Secretary (Plans),
Principal Deputy Under Secretary of Defense
(Strategy & Resources)

Director, Joint Staff

Director, Personnel and Administration
Directorate, National Defense University

Deputy Chief of Staff, United States Central
Command

Chief, Congressional Actions and Internal
Reports, Directorate of Acquisition Policy &
Programs Integration

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

16.



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:

Minimum charge for office copy (up to six images)..
. Each additional image...
Each typewritten page ..
Certification and validation with seal, each.
Hand-drawn plots and sketches, each hour or fraction thereof

oUR ee

1



DLA

DMA

DNA

NSA/CSS

OIG, DOD

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

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

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

Public Access to Records of the National
Reconnaissance Office

"Public Access to Records"

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

60

32 CFR 1285

32 CFR 286i and 293

32 CFR 91 (pending revision)

To be published

32 CFR 299

32 CFR 295



"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(aX3\A) of the FOIA.

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

This category is based on Section 552(aX3XB) 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.



Tanner, T. J.

Taylor, R. A.

Terry, W. A.

Tiebout, R. A.

Villemez, C. J.

Walsh, R. M.

Waters, W. A.

Williams, J. A.

Wilmot, L. C.

Wilson, R. A.

Winglass, R. A.

Witherspoon, P. A.

Wities, R. B.

Worthington, G. R.

Wright, W. H.

Capt

Capt

LtGen

Capt

RAdm

Capt

Capt

LtGen

LtCdr

RAdm

Commanding Officer, Northwest Division,
Naval Facilities Engineering Command

Acting Commander, Southern Division, Naval
Facilities Engineering Command

Commander, Logistics Group Two, United
States Atlantic Fleet

Deputy Chief of Staf, Installations and
Logistics, Headquarters, United States Marine
Corps

Deputy Assistant Judge Advocate General,
Civil Affairs

Assistant Vice Chief of Naval Operations
(NO9B)

Commanding Officer, Northern Division, Naval
Facilities Engineering Command

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

Vice Chief, Chief of Naval Education and
Training

Commander, Carrier Group 7, United States
Pacific Fleet

Deputy Chief of Staff, Installations and
Logistics, Headquarters, United States Marine
Corps

Director, Office of Civilian Personnel
Management Northeast Region

Staff Judge Advocate, Naval Intelligence
Command

Commander, Naval Special Warfare Command,
California, Chief of Naval Education and

Training

Director, Operations, Plans, Politico-Military
Affairs (N31/52)

31

26

11



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.

(ii) 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.

(ii) 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

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.

ymm\ ientific Instituti 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.

69 -



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

70



Megonigal, W. F.

Miller, J. E.
Mitchell, J. T.
Moeller, R. L.

Mooberry, W. J.
Morgan, E. L.

Murphy, E. E.

Newbold, K. E.

Newman, W. E.

Oden, L. N.
Parcells, P. W.

Pattarozzi, N. J.

Paulsen, T. D.

Pease, K.

Peters, R. K.

Prueher, J. W.

Puncke, F.

Col

Capt

Capt

Lt

LtCol

RAdm

Capt

Civ

Capt

Director, Manpower Management Information
Systems Division, Headquarters, United States
Marine Corps

Commander, Naval Supply Systems Command
Director, Strategic Systems Programs

Commanding Officer, Western Division, Naval
Facilities Engineering Command

Executive Director, Naval Safety Center

Commander, Submarine Group 2, United
States Atlantic Fleet

Assistant Staff Judge Advocate, Navy
Recruiting Command

Director, Manpower Management Information
Systems Division, Headquarters, United States
Marine Corps

Commander, Naval Air Warfare Center
(Weapons), Naval Air Systems Command

Commander, Naval Training Center, Orlando

Commander, Tactical Wings Atlantic, United
States Atlantic Fleet

Commander, Naval Education and Training
Command, Chief of Naval Education and

Training

Deputy Chief of Staff, United States Pacific
Fleet

Public Affairs Officer, United States Atlantic
Fleet

Director, Office of Civilian Personnel
Management

Commander, Carrier Group 1, United States
Pacific Fleet :

Acting Commander, Pacific Division, Naval
Facilities Engineering Command

28

29

38

44

10



“GT UBY} 10470 [OUTOS1I xx

sorMp [OJ 9wT}-7.1ed 10 uIy}-[]Ny pousisse [ouuosied y

STLO8'6LIS
00°0$

9¢°009'FS
20°006$
82'009°8S
SS TSS'T$
00°0$
sr'ss
Orns
00°0$
so°esa'ls
LEEKS

08'998'FL1$
O8°SLE'KSS
PS'BLE'9ZS
B9°682'L$
os'z08$
To"ssr‘s$
92°L06'01$
92° F68'T$

06'FIS'STTS
23

so'ess'zas
00°0$

So'LIS‘TS

G2'sss'0S$
Sh'POT‘OI$
OS'LFF'LS
00°29
00°86‘
00°929'T$
92'008'2$
SS LLY'TS

00°0L6's8$
40

SL'888°699'T$
00°0L2$

o0'0rr'sses
00'ss9'9L$
00°s82'908$
o0's68'8$
00°0$
00°TL0'L6$
00'sr0'9$
O0'Tss‘ors
00°LLE‘8Z$
OO'OLTTZI$

SL'BL9'S8T'TS
QL'SETLEZS
00°F69'Szz$
00°969‘6r$
00°009'zz$
00°L78'S1$
00'z98‘09$
00'°r6E'SL$

00°6F8'F2L$
VCs

(P,FM0D) (DOT wWedy

00°08S‘S8I$
00°0$

os'z89'ss
Os'9zL$
00°906'2$
00°0$
00'0$
00°0$
00°0$
00'0$
00'sss'I$
00'sze‘T$

Os'L68‘TST$
0S'6L8°97$
00°SL8'FS
00'0$
00'8T2'T$
00'8TZ‘T$
00'8T2'T$
00'812‘T$

00°979‘00TS
o's

(TIE 91g} T] 3809 [8701 “AT
posseo0rg sysonbay ourynoy JO 3802 ‘IIT

(+ HI IMOL‘e

[H 3° %9Z] pBeys2AQ T

[> nay} vy] 18703qNg “A

40710 °°)

STey1oye | [ENsTAorpny *J

Adog zayndurog "7

Spaodey poyattd *

woronpoaday sqoyoOINTI “OD

uoronpoiday Adog 20430 “a

OUILL qorweg Jayndwo0y *-y
8380) PozBloY 988) 10470 “IT

[a 9293 €] 18301 a
[CD + &) 530 %GZ] PBEqA2AO “Cd
[(g) 24g (1)] THIOL (9)
SOTPTATJOV 10490 (G)
uoneiedaig u10,4/a00epu0dsasi10;Z (F)
Tesoaddy 9 uoyeurpsz005 (§)
Buystoxy Y Mopaay (Z)
OWEL Yorweg (1)
a4(8998Y O[NPOYOS 09,7)
4108038) Aq $3800 snoyusyy poyeurysy *D
8380p awakuey ‘g
sSreakuey] poyeulyysy "y
87809 [euu0s.10q *]

80


Item 2(a)

- ion: d ope P

ao

ecscoooeoeooceocesoscs
ecscococoocosoosooscs

* Total may not agree with denials in Item 1 because of cases where two

or more exemptions were cited.



Item 1

pte
je
—
le

92)

362

400

61

94)

31 1,787

10 38}

‘DNA 146 24 9 48)
NRO 8 2 2 5
INSA/CSS 803) 277) 90 445)
OIG, DOD 43; 89)
eas a

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



Zakem, Jeffrey S.

Zimble, James A.

ARTMEN

Anderson, Paul B.

Anderson, Bruce

Arquilla, Alfred F.

Bagley, Claude

Baines, E. Darden

Barnes, Joseph R.

Bates, Dennis L.

Baughman, Norman B.

Bean, Roger K.
Bedwell, Richard E.

Berry, Peter T.
Black, Richard H.

Blanton, Barbara A.

Capt Public Affairs Officer, United States Atlantic
Command

Civ President, Uniformed Services University of the
Health Sciences

ARMY

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

Civ Division Counsel-Missouri River District, Corps
of Engineers

Col Chief, Legal Assistance Division, Office of the
Judge Advocate General

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

Civ Chief, Administrative Services, National Guard
Bureau

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

Civ Chief Counsel, Letterkenny Army Depot

Civ Division Counsel-Huntsville District, Corps of
Engineers

MajGen Acting The Inspector General

Maj Executive Officer, United States Total Army
Personnel Command

MajGen Commander, United States Army Criminal
Investigation Command

Col Chief, Criminal Law Division, Office of the

: Judge Advocate General
Civ Operations Officer, Freedom of

Information/Privacy, United States Army
Intelligence and Security Command

17

15

29

19

24

666

35


Item 2(c)

Dept Air Force

IDCAA 25 11 3 0 53
IDFAS 51 257 32 ll 1
(DIA 1 374 0 0 2
DIS 8 45 0 6 2
DISA 21 30 2 3 17
458
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. Not an Agency Record

(see following page for description of each category)



Item 10(c)

Time Limit Extensions

S

OSD/JS
Dept Army 348 128) 61
‘Dept Navy 32 605) 64)
Dept Air Force v9 1,126 341
IDCAA.
[DFAS
(DIA

‘DIS
(DISA
(DLA
(DMA
(IDNA.
INRO
INSA/CSS

g

esoococeceorweosososocs

OIG, DOD

DOD Totals

82



Ayers, L. L.
Baird, D. W.
Baker, E. B.

Barker, M. D.

Batwinis, J. E.
Beard, G. C.

Becker, F. R.
Bennett, D. M.
Bentz, J. R.
Bersani, R. R.

Bozzelli, P. A.

Bremner, B. B.

Briggs, S. R.
Brown, R. E.

Browne, H. A.
Buckendork, W. A.

Buffington, J. E.

Capt

Capt
Capt

Capt

Capt
VAdm
Capt

Capt

Capt

Capt

Vice Commander, Atlantic Division, Naval
Facilities Engineering Command

Commander, Anti-Submarine Warfare Wing,
United States Pacific Fleet

Assistant Deputy Chief of Naval Operations
(N3/N5)

Director, Information Resources Division (N65)

Staff Judge Advocate, Naval Reserve
Recruiting Command, Naval Reserve Force

Chief of Staff, Submarine Group 9, United
States Pacific Fleet

Legal Counsel, Bureau of Personnel
Inspector General
Executive Assistant, N2A

Acting Commander, Pacific Division, Naval
Facilities Engineering Command

Deputy Director, Strategy, Plans, Policy and
Operations Division (OP-60B)

Commander, Medium Attack Tactical
Electronic Warfare Wing, United States Pacific
Fleet

Commander, Fleet Air Western Pacific, United
States Pacific Fleet

Commanding Officer, Chesapeake Division,
Naval Facilities Engineering Command

Commander, Naval Space Command

Commanding Officer, Naval Hospital Oakland,
United States Pacific Fleet

Commanding Officer, Pacific Division, Naval
Facilities Engineering Command

23 -

17

18
20

19



FREEDOM OF INFORMATION
ACT

PROGRAM
CY 1992

REPORT TO CONGRESS

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



Item 4

1D inati

28

51
[Dept Navy 488) 18 16 234 165 488}
‘Dept Air Force 392 7 59 223 96 385)
IDCAA 4 4 0 0 0 4
DFAS 1 0 1 0 0} 1
(DIA 111 1 80 30 0 111
DIS 5) 0 2| 2 1 5)
DISA 3] 0 0 3 0 3
IDLA 28 4 8) 6 10 28)
DMA 3 0} 2 0 1 3]
‘DNA q 0} 0} 2 5) q
INRO 0] 0 0} 0 i) 0)
INSA/CSS 60) 6 7 0 60
OIG, DOD 29 0} 18) 8 29)
DOD Totals | e3) 7

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

46



Caddell, Ray L.

Carpenter, Dennis D.

Chase, Emory J.
Cheney, Steve

Concannon, James P.

Cook, Robert
Cooke, D. O.
Crouch, Jack D., II
Davison, Richard H.
Deegan, Gene A.
Downing, Wayne A.
Dube, L. Paul

Dyke, Charles W.
Edelman, Eric S.

Eggers, Thomas E.

Col

LtCol

MajGen
LtGen

MajGen
Civ

MajGen

Director, Management Operations, Strategic
Defense Initiative Organization
Director, Manpower, Personnel, and

Administration, United States Southern
Command

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

Deputy Executive Secretary of the Department
of Defense

Director, Manpower, Personnel, and
Administration, United States Southern
Command

Executive Assistant, Director, Small and
Disadvantaged Business Utilization

Director, Administration and Management,
Washington Headquarters Services

Principal Deputy Assistant Secretary of
Defense (International Security Policy)

Director, Strategic Arms Control Policy,
Assistant Secretary of Defense (International
Security Policy)

Vice Director, Joint Staff

Commander, United States Army Special
Operations Command

Deputy Comptroller (Program & Budget), DOD
Comptroller

Vice Director, Joint Staff
Assistant Deputy Under Secretary (Russian,
Eurasian & East European Affairs), Principal

Deputy Under Secretary of Defense (Strategy &
Resources)

Deputy Commander in Chief/Chief of Staff,
United States Special Operations Command

10.



Akins, Carl

Alderman, Craig

Alexander, Robert M.

Anderson, Maynard C.

Andrews, Duane P.

Baity, Mickey W.

Baker, Robert W.
Basel, J. M.
Begert, William J.

Belcher, Bill G.

Burke, Jerome J.

Civ

LtGen

Civ

Civ

Col

BrigGen

Col

Capt

Deputy Director for Program Administration 14
and Support, Office of Civilian Health and
Medical Program of the Uniformed Services

Deputy Under Secretary of Defense for Security 2
Policy

Deputy Assistant Secretary of Defense 2
(Military Manpower and Personnel Policy),
Assistant Secretary of Defense (Force

Management & Personnel)

Assistant Deputy Under Secretary of Defense 1
for Security Policy

Assistant Secretary of Defense (Command, 1
Control, Communications & Intelligence)

Deputy Director, Near East & South Asian 1
Region, Assistant Secretary of Defense

(International Security Affairs)

Military Assistant, Director, Defense Research 3
and Engineering

Executive Assistant to Deputy Commander, 7
United States Pacific Command

Chief of Staff, United States Transportation 2
Command

Chief of Staff, Defense Commissary Agency 7
Executive Assistant, Assistant Secretary of 1

Defense (Command, Control, Communications,
& Intelligence)


Item 8

F ntation i

OSD/JS "DoD Freedom of Information Act (FOIA) 32 CFR 286
Program"

Dept Army "Release of Information and Records from 32 CFR518
Army Files"

Dept Navy "Availability of Department of Navy 32 CFR 701

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

Dept Air “Air Force Freedom of Information Act 32 CFR 806, as amd by FR
Force Program" Vol 57, No. 176, 10 Sep 92
DCAA “Defense Contract Audit Agency (DCAA) 32 CFR 290, as amd by FR
Freedom of Information Act Program" Vol 57, No. 81, 27 Apr 92;
and FR Vol 57, No. 134, 13
Jul 92
DIA "Defense Intelligence Agency (DIA) 32 CFR 292, as amd by FR
Freedom of Information Act” Vol 57, No. 167, 27 Aug 92
DIS "Defense Investigative Service Freedom of 32 CFR 298b, as amd by FR,
Information Practices" Vol 53, No. 185, 23 Sep 88
(pending revision)
DISA “Defense Information Systems 32 CFR 287, as amd by FR

Agency/Office of the Manager, National Vol 57, No. 248, 24 Dec 92
Communications System (DISA/OMNCS)
Freedom of Information Act Program"

59



White, James H. Col

White, James P. Col
Wilbur, David M. LtCol
Williams, Billy L. Civ
DEFENSE
Della Bernarda, D. Civ
Kraft, William Civ
Matter, Robert Civ
Topf, Bernard Civ
Valenzuela, Joel Civ
Wohlhueter, Robert Civ
D E_AND At
Bitz, Gregory P. Civ
Coleman, Jerry Civ
Dennis, Carroll W. Civ
George, Harold Civ

Commander, Headquarters Air Reserve
Personnel Center

Chief of Staff, Headquarters Air Force Special
Operations Command

Acting Director, Information Management,
Headquarters, Tactical Air Command/Acting
Director, Information Management,
Headquarters Air Combat Command

Chief, Administrative Communications &
Records Management Division, Headquarters
Air Training Command

IT AGEN

Regional Director, Eastern
Regional Director, Mid-Atlantic
Regional Director, Western
Regional Director, Northeastern
Regional Director, Central

Chief, Information Resources Management
Branch, Headquarters

INTING SERVI

Director, Defense Finance and Accounting
Service-Kansas City Center

Acting Director, Defense Finance and
Accounting Service-Denver Center

Director, Defense Finance and Accounting
Service-Headquarters

Privacy Action/Freedom of Information Officer-
Cleveland Center

42



Runberg, B. L.

Rushing, J. M.

Saalfeld, F. E.

Santamaria, D. F.

Sareeram, R. R.

Schmitt, C. H.

Selfridge, H. E.

Shaffer, R. L.
Shaffer, R. L.

Simms, R. G.

Sisa, S. A.
Smallman, J.

Smith, G. R.

Stennick, J. F.

Stoutamire, S.

Straw, Edward M.

Studds, J. A.

Stutzel, R. H.

Capt

Capt

Capt

Civ

Capt

Civ

Capt

Capt
Lt

Col

Capt

MajGen

Maj

Commanding Officer, Southern Division, Naval
Facilities Engineering Command

Director, Afloat Safety Programs, Naval Safety
Center

Director, Office of Naval Research

Commander, Amphibious Group Three, United
States Pacific Fleet

Director, Supply Programs and Policy Division
(N41)

Deputy Director, Naval Nuclear Propulsion
(NOON)

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

Auditor General of the Navy

Staff Judge Advocate, Logistics Group Two,
United States Atlantic Fleet

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

Executive Assistant, Naval Intelligence (N2A)

Staff Attorney, Naval Criminal Investigative
Service

Executive Officer, Chesapeake Division, Naval
Facilities Engineering Command

Chief of Staff, Marine Corps Base, Camp
Pendleton

Inspector General, Naval Computer and
Telecommunications Command

Vice Commander, Naval Supply Systems
Command

Commanding General, Marine Corps Recruiting
District, Western Recruiting Region, San Diego

Director, Admin Support Division, NAMARA

30

16

12

12
135

68



Item 5(a)

x ions Invok i i

18 1 ro 4 0| 0 0
\Dept Army 25; 33 1) 14] 106) 107| 67 0 0
\Dept Navy 37; (56) 9; 12) 82) 63) 67 0 0
‘Dept Air Force 17, 16 7 20) 108) 77) 64 0 0
IDCAA 0 0 0 0 0 0 0| 0 0
DFAS i) 0 0 0 1 0 0 0 0
[DIA 83} 50) 0 0 0; 21 i) 0 0
DIS C1) 2 0 2 3 1 2 0 0
DISA 0 0 3 0 0} 0| 0 0 0
DLA 0 0 C1) 3 7 3 5 0 0
(DMA. 2 0 2 0 1 0) 1 0 0
IDNA 1 0 1 0 0 1 0 0 0
INRO 0 0 0 0 ti) 0 0) 0 0
INSA/CSS 20 2) 57 1 1 2 0 0 0
OIG, DOD 0 2 ) 5 2) 21 0 0

d 7)

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

47


Putnam, W. L.
Pyland, L. R.

Quigley, S. T.
Ramsay, K. P.

Randall, T. E.
Rever, J. N.
Rever, B. L.
Reynolds, A. A.
Rich, R. L.
Riddell, R. A.

Ritter, D. L.

Roach, A. J.

Robinson, D. B.

Rossi, R. R.

Ruble, D. R.

Ruck, M. W.

Capt
Capt

Capt

Capt

Capt

Capt

Capt

LtCol

RAdm

Capt

Deputy Comptroller

Acting Commander, Pacific Division, Naval
Facilities Engineering Command

Deputy Director, Strategy & Policy

Staff Judge Advocate, Navy Recruiting
Command

Fleet Judge Advocate, United States Naval
Forces, Europe

Vice Commander, Atlantic Division, Naval
Facilities Engineering Command

Commanding Officer, Southern Division, Naval
Facilities Engineering Command

Fleet Judge Advocate, Naval Air Force, Pacific,
United States Pacific Fleet

Chief of Naval Technical Training, Chief of
Naval Education and Training

Commander, Submarine Group 9, United
States Pacific Fleet

Admin Officer, Information Technology
Acquisition Center, Naval Information Systems
Management Center

Acting Deputy Assistant Judge Advocate
General, Claims and Tort Litigation

Deputy and Chief of Staff (Operations), United
States Pacific Fleet

Deputy Assistant Judge Advocate General,
Admiralty

Vice Commander, Naval Supply Systems
Command

Commander, Combat Logistics Group 1, United
States Pacific Fleet/Commander, Naval Base
San Francisco, United States Pacific Fleet

29

25

19


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 exis i: erest. If the request is
determined to be of a commercial i interest, Components s 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.

66



Lot

st

66

or

aTo,

or

WW

tas

Lealien! gen
C)

tas

ar

3

sy
tos
T

Tt

Kas

aa ©

(Qe urer]

(SOST 39S SOT ‘681-10T “T'd) 16
8 06 Ad 9°V 4IMV JC [V8N ‘228 095)
((@)8LL2 OSN ZB) VW [OA}UOD
qaodxg suLty 94} Jo (2)8g 90g
((8)(P) 80% OSN 08)
popuoure se ‘(g)(P) ZOT WO}}OaS
“ANG ‘LPET JO PV ApLMdag [BUONBN]
(9)(@) 80T 298
‘popuoure se ‘(bas 39 10h OS.
09) LF6T 50 FY AyLINdag [eUOTEN
(8)90% 99g ‘86 AT
oy auoTez oq y 9due3T]070]|
ZP-96 “Td ‘(DL 92S ‘BLE JO PV DI
98-98 “I'd ‘9 998 9YON Zor OSN OS
(80L “T'd) 8913-1913 OSN 2}
SF OSN TF
8019 DSN 92
862 OSN 8
808 OSN ZT
9642 OSN OT
s0LT OSN OF
3819 OSD OT
Ost OSN OF
821 OSN OF
(¥)(@) F112 080 g



Jorgensen, Michael R.

Key, William
Kilmartin, Thomas J.

King, Bruce J.

Klements, Newton
Korte, Edward J.
Kullman, Thomas M.
Lamy, Joel R.

Lancaster, Steven F.
Lane, Jack F., Jr.
Lingenfelter, Stephen
Lovelady, William N., Jr.
Lowe, Gregory A.
Mahoney, Robert

Martin, Joseph G.
Michael, Danny R.

Col

Civ

Civ

Col

LtCol

Col

Col

Civ

Civ

Civ

Civ
Col

Acting Director, Contracting Division, United
States Army Acquisition Executive Support
Agency

Office of the Staff Judge Advocate, Military
Traffic Management Command

Commander, United States Army Reserve
Personnel Center

Acting Director, Contracting Division, United
States Army Acquisition Executive Support
Agency

Division Counsel-North Atlantic District, Corps
of Engineers

Command Counsel, United States Army
Materiel Command

Staff Judge Advocate, United States Army
Materiel Command

Commander, United States Army Health
Services Command Acquisition Activity

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

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

Division Counsel-South Atlantic District, Corps
of Engineers

Laboratory Counsel-Waterways Experiment
Station District, Corps of Engineers

Commandant, United States Disciplinary
Barracks

Division Counsel-Missouri River District, Corps
of Engineers

Depot Counsel, Red River Army Depot

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

20

341

90

10

36

12



CA. Cv- 92 2069- AWT (TX), U. SDC. CD. CA. DlomiitT made a FOIA request for HO
USAF/JAJM's Article 69(b) review of his Special Court-Martial conviction. His request and
subsequent administrative appeal were denied pursuant to FOIA exemption (b) (5).
Plaintiff filed his lawsuit on April 13, 1992. The Air Force elected to make a discretionary
release of the document at issue and file a motion to dismiss for mootness. The court
granted that motion on May 27, 1992.

Scott, Sandra M. v, Secretary of the Air Force, et al,, C.A. 92-368-A, U.S.D.C. E.D.
VA. Plaintiff, a Major in the District of Columbia Air National Guard (DCANG) requested
all records pertaining to her maintained by either the DCANG or the National Guard
Bureau (NGB). The NGB partially denied her request, and she filed an administrative
appeal. The Air Force partially granted the appeal by releasing a report of investigation
save for third party personal privacy material. It withheld pursuant to FOIA exemption (b)
(5) a legal review of the previously released report of investigation, and plaintiff initiated
litigation to compel its disclosure. The court sustained the Air Force's decision and granted
its motion for summary judgment on July 31, 1992.

Yakubik, Andrew j, v. USAF, C.A. CV-S-90-788-HDM-LRL, U.S.D.C. S.D. NV. Plaintiff
believed that the Air Force maintained his psychological profile. He requested pursuant to
the FOIA a copy of the profile and the name of the Air Force official who ordered that it be
prepared. The Air Force advised plaintiff that it had no records responsive to this request
and he filed his lawsuit on November 7, 1990. The court granted the Air Force summary
judgment and dismissed the litigation on June 26, 1991. Plaintiff's appeal was dismissed
on January 10, 1992.

D E INV! TIVE

ice, C.A. 92-1745, GAG,

U. 8. D. C. DC. Plaintiff filed suit for defendant's 's refusal ti to release Master Civilian Facility
List (MCFL). Information withheld pursuant to 5 USC 552 (b)(2), (4), and (5). Plaintiff
voluntarily dismissed suit November 5, 1992, when DIS provided mailing list of cleared
contractor facilities.

et al, C.A. 92-2303, JHG,
U. S. D. C. DC. Plaintiff filed s suit for defendant's refusal t to release investigative file of H.
Ross Perot. Information withheld pursuant to 5 USC 552 (bX6) and (bX7)(c). Lawsuit
pending. Plaintiff also filed motion for temporary restraining order for expedited processing
of FOIA request; motion denied October 23, 1992. FOIA request denied August 6, 1992;
appeal denied November 20, 1992.

DEFENSE LOGISTICS AGENCY

Plum Run Corp. vy. DLA, C.A. C-2-89-769, U.S.D.C. S.D. OH. FOIA requester sought the
release of the name of a company recommended by the Small Business Administration to
be awarded a section 8(a) set-aside contract. The agency subsequently released this
information to requester. Case was dismissed May 1991.

57



“g’] UBY} saqIO JouUOSAEg 45

SoTnp [Od 9ut17-7.18d 10 oury)-[[MJ pousisse Jouuosi98g

92°860°8Z2$
00°08

osL88'Fs
OS LL8$
00°0Ts‘s$
00'S
007s
00'0$
o0's8$
oo's$
00°6+8'z$
00°L6$

GZ'90L'8ZZS
GBTHL PHS
00'266'88$
00°8L‘6$
o0'szs'zs
oo'ssT‘ss
00°z09'81$
00's62‘s$

00'896‘68T$
8

Sz'ses‘6ss$
00°08

00°STL‘81$
00°8rL'8$
00°SL6°F1$
00°0$
00°0$
00°0$
00°08
00'0$
00°886'F$
00°686‘6$

SL'STTT48$
SL'SZs'soI$
00"208'89$

00°068'S9$
00°0

9L°86$
SL'sI$
00°S4$
00°0$
00°0$
00°0$
00°0$
00°0$
00°92
00'0$

GB°96L'S9S
QB°6SL'Z1$
o0'zzr‘s$
00'r9s$
00°00
O0'THZ$
oo'z8s'T$
oo'0ss'z$

OO'ST9‘Sts
x)

(I nay? 1] 93809 [eI] “AT
pessesorg sysonbey euyynoy Jo 9809 “II]|

(+ HI TM0L"¢

(H 3° %93] peaqzeag J

[9 1.293 y] 18703qNS ‘“H

10930 °D

S[BL103;8WW [ENSTAoIpny “yf

Adog szaynduroy "gt

Sprooay pozattd °C

aoTNpoAday eyoyorI TA “OD

wornonpoidey Adog 20430 ‘gd

OWL Yorvag seyndur0D “"y
8380 pozBley 98D 19470 “II

[a nay? a] TBO “a
[(D + &) 3° %Gz] PBOGIEAG ‘a
[(g) 2.193 (1)] 18901 (9)
SOITATDY 10430 (9)
uo}easdeig UL10,j/e0uepuodse.z.102 (7)
jeaoiddy y uoneurpz00Z (g)
Buyspoxg F Moray (Z)
SUIT, Youwes (T)
#4(59}8Y O[NPOYOS 00,1)
Ax08078) Aq $380) snoquey] poyeurnysy *D
93809 rvodueyy “ge
sSreoduey] payeurnsy “Vv
83809 [ouUOsI9q ‘T

(P,FUOD) (Q)OT W991

81



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."

Gi) 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

64



Layman, Lester C., Jr.

Letellier, Patrick J.

Link, Charles

Lorber, John G.

Loverro, Stephanie R.

Lidwig, Robert H.

Macharoni, F. A.

Mannell, Stephen C.

May, Charles A., Jr.
McBride, James

McFalls, J. O.

McGovern, Francis X.

McInerney, Thomas G.

McNabb, Dale E.

McNamara, Roger

Civ

MajGen

MajGen

Maj

LtGen

LtCol

Col

LtGen

BrigGen

LtCol

LtGen

Acting Director, Information Management,
Headquarters Air Force Materiel
Command/Director, Information Management,
Headquarters Air Force Systems Command

Commander, Investigative Operations Center,
Headquarters Air Force Office of Special
Investigations

Commander, 3d Air Force, Headquarters
United States Air Forces in Europe

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

Deputy Chief of Staff, Electronic Systems
Center

Deputy Chief of Staff for Command, Control,
Communications & Computers, Headquarters
United States Air Force

Director, Information Management,
Headquarters Air Force Logistics Command

Chief of Security Police, Headquarters United
States Air Force

Assistant Vice Chief of Staff

Acting Chief of Staff, Space and Missile
Systems Center

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

Acting Director, Information Management,
Headquarters Air Mobility Command

Assistant Vice Chief of Staff

Deputy Director, Office of Small &
Disadvantaged Business Utilization, Office ,
Secretary of the Air Force

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

37

13



Item 10(b)

r Fi HI

OSD/JS $2,231,207.86 $29,872.54
Dept Army $8,729,249.10 $393,984.98
[Dept Navy $6,581,722.75 $447,063.00
(Dept Air Force $5,854,796.25 $334,467.00
IDCAA $267,680.98 $9,170.05
IDFAS $213,710.29 $2,808.18
DIA $829,504.01 $2,774.00
IDIS $89,598.75 $245.00
DISA $135,530.00 $2,983.92
DLA $1,569,388.75 $318,971.00
DMA $52,389.53 $553.60
IDNA $179,367.15 $2,108.55
INRO $63,890.00 $0.00
INSA/CSS $859,833.75 $4,705.00
OIG, DOD $228,093.75 $1,846.00

17


McPherson, Carl L.

Messerli, Glenn E.

Milam, Daivid W.

Miller, Brian D.
Miller, James E., Jr.
Miller, Judy Ann
Minihan, Kenneth A.

Mock, James W. III
Monsour, Lawrence F.
Mooreman, William A.
Mullen, John P.
Myers, Arthur J.

Norwood, George W.

Col

Col

LtCol

BrigGen

Col

Civ

BrigGen

Chief of Staff, headquarters Air Force Special
Operation Command

Chief of Staff, Air Force Development Test
Center, Headquarters Air Force Systems
Command/Chief of Staff, Air Force
Development Test Center, Headquarters Air
Force Materiel Command

Chief of Staff, Aeronautical Systems Center,
Headquarters Air Force Materiel
Command/Chief of Staff, Aeronautical Systems
Division, Headquarters Air Force Systems
Command

Director, Information Management,
Headquarters Air Force Communications
Command

Commander, Foreign Aerospace Science &
Technology Center, Air Force Intelligence
Command

Principal Deputy Assistant Secretary
(Manpower, Reserve Affairs, Installations &
Environment), Office Secretary of the Air Force

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

Chief of Staff, Headquarters Air Force
Intelligence Command

Director, Information Management,
Headquarters Air Training Command

Acting Staff Judge Advocate, Headquarters
Strategic Air Command

Acting Executive Assistant, Warner Robins Air
Logistics Center

Deputy Director, Air Force Morale Welfare
Recreation & Services

Deputy Inspector General, Office Secretary of
the Air Force

38

10

32

24

117

27

56

17

15



Item 7

QSD/JS

Antuco v. DoD, C.A. No. 91-3177, U.S.D.C. DC, December 12, 1991. Plaintiff sought
documents related to technology transfers to Iraq, which were subpoenaed by the House
Subcommittee on International Policy and Trade, Committee on Foreign Affairs, U.S.
House of Representatives. Plaintiff dismissed suit on July 30, 1992.

Antuco v, Department of Commerce, et. al, C.A. No. 91-3179, U.S.D.C. DC, December
12, 1991. Plaintiff sought any record related to any meeting between any representative of
the DoD concerning the Bell 206L-III which was modified by Industries Cardoen, Ltda.
Plaintiff dismissed action on July 30, 1992

D ENT OF RMY

Jessica M. Dunn y, Department of the Army, C.A. 92-788-A, E.D. VA, June 8, 1992.
Plaintiff, a legal assistant, submitted a FOIA request to AMCCOM Headquarters for
certain agency records relating to disqualification of 30mm ammunition. AMCCOM
responded that the requested records were exempt from release under Exemption 7 because
the records were compiled for law enforcement purposes. Plaintiff narrowed the request
but it too was denied under the same exemption. Plaintiff appealed, and on April 13, the
Army General Counsel issued the Army's final action granting plaintiff's appeal in part and
denying it in part. Plaintiff contended that the portion of documents that were released
were not responsive to the request. Court denied plaintiff's request on December 2, 1992.

DEPARTMENT OF THE NAVY

Charles H. Byers v, United States Navy, et al, C.A. 90-1605, U.S.D.C. AZ. Plaintiff, a
former arms contractor who was prosecuted as part of the “Iron Eagle" investigation into
the activities of Seal Team 6, seeks an injunction forcing the Naval Criminal Investigative
Service (NCIS) to process his FOIA request immediately. NCIS informed Plaintiff that his
request for the investigation would be processed in turn, but it would be eight months
before he could expect to receive the releasable information. His administrative appeal was
denied and he filed suit, alleging that he needed the investigation to use in his appeal of his
conviction for fraud in connection with arms supply contracts he made with Seal Team 6
personnel. Defended “first in-first out" policy under Open America and moved for summary
judgment. Motion for Summary Judgment granted May 11, 1992, no appeal filed.

d Department o stice, Naval Investigative Service ,
C.A. 91-C-3789, N.D. IL. Plaintiff submitted FOIA requests to NISCOM (now NCIS) and
FBI activities for documents relating to the Pentagon procurement scandal "Operation Ill
Wind." NCIS referred the request to the FBI, as all documents are under their cognizance.
FBI replied that it had a backlog of requests. Plaintiff seeks release of all requested

A

53



Gallagher, T.
Gay, R. G.
Gentile, C. C.

Granuzzo, A. A.
Guinn, R. A.

Hagen, D. F.
Hancock, W. J.

Hancock, W. A.
Hardy, D. M.
Henebery, J. K.
Hewson, W. C.
Hickey, R. P.

Higgins, R. W.
Jackson, A.

Jakubiak, T. F.

Johnston, R. B.

Jones, D. A.

LtCdr

Capt

Lt

Lt

VAdm

Cdr

Cdr

Cdr

LtCdr

Cdr

LtGen

Deputy Staff Judge Advocate, Naval Criminal
Investigative Service

Chief of Staff, Submarine Group 10, United
States Atlantic Fleet

Staff Judge Advocate, Naval Security Group
Command

Commander, Naval Safety Center

Assistant Staff Judge Advocate, Navy
Recruiting Command

Chief, Bureau of Medicine and Surgery

Commander, Cruise Destroyer Group 1, United
States Pacific Fleet

Assistant Chief of Staff Operations, United
States Naval Academy

Commander, United States Sixth Fleet, United
States Naval Forces, Europe

Staff Judge Advocate, Bureau of Medicine and
Surgery

Deputy Assistant Judge Advocate General,
Investigations

Director, Manpower and Training Division
(N88)

Vice Chief, Bureau of Medicine and Surgery

Acting Deputy Assistant Judge Advocate
General, Investigations

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

Commanding General, Marine Corps Base,
Camp Pendleton

Commander, Submarine Group 8, United
States Atlantic Fleet

26.

152

165

11



Cameron Hamerick v. Department of the Navy, CA No. 90-0283, U.S.D.C. DC,
February 9, 1990. NAVAIR case filed involving information regarding dual sourcing of the
F404 Engine Program. On August 28, 1992, U.S. District Judge Johnson granted the
Navy's Motion for Summary Judgment finding that 31 documents relating to the dual
source procurement were properly withheld under the deliberative process privilege of
exemption (b)5) and that two notebooks prepared by the contracting officer were not
“agency records” but were personal documents created for the individual's own personal
reasons and maintained for her own convenience.

D ‘TMENT OF THE AIR Fi

Brownstein Zeidman and Schomer v. USAF ("BZS I") , C.A. 90-1582-SS, U.S.D.C. DC.
Plaintiff requested under FOIA documents relating to the solicitation and award of the
Standard Multiuser Small Computer Requirements Contract (SMSCRC) to AT&T by the
Air Force Computer Acquisition Center (AFCAC), Hanscom AFB MA. Responsive records
were released pursuant to both the initial request and the appeal and several
supplemental releases were made in the course of the litigation. Parts of the requested
records were withheld under exemption (b) (4) as proprietary data, and under (b) (5) as
deliberative material. On December 20, 1991, the court issued a split decision on summary
judgment motion, and ordered the Air Force to release the unit prices in the contract
modifications, evaluation standards in an attachment to the Proposal Evaluation Guide,
and "Components Supplied by Vendor" an attachment to the Source Selection Evaluation
Board (SSEB) report. The court affirmed the Air Force's withholding of the Source
Selection Advisory Council report, and two other attachments to the SSEB report,
containing the results of a live test demonstration of the offerors’ products and summaries
of negotiation between the Air Force and the six offerors. The Air Force did not appeal and
complied with the order to produce records.

C.A. 91-1313-SS, U.S.D.C. DC.
This is a companion case to No. 90-1582. Plaintiff requested additional documents relating
to the SMSCRC: contract modifications and related correspondence, Air Force orders under
the contract and related correspondence, and documents reflecting the purchase and/or use
of software applications not identified in the original RFP on AT&T's bid and related
correspondence. Documents were released pursuant to the initial request and appeal, but
parts were withheld under exemptions (b) (4) and (5). AT&T intervened to prevent the Air
Force from releasing the contract Delivery Orders (DD Forms 1159). On April 30, 1992, the
Air Force entered into a settlement agreement with AT&T agreeing not to release the
Delivery Orders to plaintiff in this case (plaintiff had agreed to accept other documents in
lieu of the Delivery Orders), and to give AT&T the chance to explain its rationale for
withholding Delivery Orders in response to other FOIA requests. The same day, all parties
signed a separate settlement agreement, in which the Air Force agreed to release the
contract modification (including unit prices) except for one attachment to some of the
modifications, all Production and Delivery Reports reflecting Air Force orders under the
contract, and correspondence relating to the software applications sought in the FOIA
request. The parties stipulated to a dismissal with prejudice, which the court approved on
May 6, 1992.

56



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.

(ii) The informative va i i e dis
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.

public likely to oat er neo The key "element i in wetsuit 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.

igni i i ing. In applying
this factor, Components must differentiate the relative significance o 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
lead to a significant public understanding of the issue. Components shall not make value

65


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
Description of "Other Reasons"
Item 3 - 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 Action 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

8 o CNA

47

49

50

53

61

76

82



Town, D. S. Col Acting Commander, Defense General Supply

Center

Tucker, Gary C. Col Staff Director, Administration/Commander,
Defense Logistics Agency Administrative
Support Center

EF! PPI

Bishop, David L. Civ Associate General Counsel

Deranger, Andrew H. Civ Associate General Counsel

Peterson, Craig A. Capt Director, Defense Mapping Agency Combat
Support Center

Sluis, James Col Chief of Staff

N: EAR Y
Ullrich, George W. Civ Deputy Director
NA! INNAI NCE OF!
Isham, Joanne O. Civ Director, External Relations
TIONAL SE! 1] ENCY, SERVICE
Gronet, Richard W. Civ Director of Policy, Office of Policy
Smith, Michael A. Civ Director of Policy, Office of Policy
FFICE OF TH PECT IERAL. D

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

Office

45

10

11

10

33

365

222


Jeffcoat, Clyde E. Civ Director, Defense Finance and Accounting

Service-Denver Center

McQuality, James Civ Acting Director, Defense Finance and
Accounting Service-Denver Center

Nabil, John S. Civ Director, Defense Finance and Accounting
Service-Denver Center

Scott, Jeffrey A. Civ Privacy Action/Freedom of Information Officer-

; Cleveland Center

Williams, Jay Civ Director, Defense Finance and Accounting
Service-Cleveland Center

Wilson, Michael E. Civ Director, Defense Finance and Accounting
Service-Indianapolis Center

FE TELLI ENCY

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, Susan M. Civ General Counsel
DEF Y
Bliss, Stephen M. BrigGen Commander, Defense Fuel Supply Center
Browning, Richard BrigGen Commander, Defense Construction Supply
: Center .
Cashman, James F. Col Commander, Defense Contract Management
District North

43

391

25

37


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 ina
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.



Karner, Bob

Kendall, Cynthia

Khalilzad, Zalmay M.

Klinger, Gil

Koch, Michael E.

Koenig, Harold M.

Koller, D. G.

Kundahl, George G.

Lancaster, Anita

Lanier, Jack O.

Liles, John U., Jr.

Lilley, James R.

Lockard, Susan

Mabry, Robert D.

Civ

Civ

Col

Civ

Civ

Civ

Capt

Civ

Capt

Special Assistant, Director, Strategic & Space
Systems, Under Secretary of Defense
(Acquisition)

Deputy Assistant Secretary of Defense
(Information Systems), Assistant Secretary of
Defense (Command, Control, Communications

& Intelligence)

Assistant Deputy Under Secretary (Policy
Planning), Principal Deputy Under Secretary of
Defense (Strategy & Resources)

Director, Strategic Forces Policy, Assistant
Secretary of Defense (International Security
Policy)

Chief of Staff, Defense Commissary Agency

Deputy Assistant Secretary of Defense (Health
Services Operations), Assistant Secretary of
Defense (Health Affairs)

Joint Secretary, United States Pacific
Command

Principal Deputy Assistant Secretary of
Defense (Reserve Affairs)

Assistant Director for Program Management,
Defense Manpower Data Center, Assistant
Secretary of Defense (Force Management &
Personnel)

Principal Deputy Assistant Secretary of
Defense (Health Affairs)

Commander, Atlantic Intelligence Command,
United States Atlantic Command

Assistant Secretary of Defense (International
Security Affairs)

Special Assistant for Research, Assistant
Secretary of Defense (Legislative Affairs)

Deputy Chief of Staff, United States Special
Operations Command

13



released all of the requested documents to IMC. On July 10, 1992, the parties filed a
Stipulation of Dismissal of the action with prejudice.

; A Gre VRESSO, C.A. 91-6771,
US.. D. C. E. D. PA, October 30, 1991. Pro se lawsuit filed alleging NAVRESSO (now
NEXCOM) withheld information. Complaint does not identify the documents requested.
On December 18, 1991, the Government filed a Motion to Dismiss or in the alternative for
Summary Judgment. Plaintiff submitted memorandum in opposition on February 3, 1992.
Government filed reply brief on February 28, 1992. Plaintiff requested time to respond on
March 5, 1992. Case dismissed on May 1, 1992 for lack of subject matter jurisdiction.
Similarly, the Navy General Counsel's Office subsequently dismissed Plaintiff's appeal as
moot on September 16, 1991. On October 30, 1991, Plaintiff initiated this suit in the
Federal District Court, seeking the production of unedited versions of the documents. On
June 24, 1992, Mr. Grace filed an appeal with the Court of Appeals for the Third Circuit
which was docketed as Grace v. LaValle, U.S. Court. of Appeals for the Third Circuit, No.
92-1531. By Judgment Order of November 30, 1992, the Third Circuit affirmed the District
Court decision dismissing the complaint for lack of subject matter jurisdiction (failure to
exhaust administrative remedies) and taxed costs of $105.00 against Mr. Grace.

Paul R. Duckworth v. Department of the Navy, C.A. 91-15921, Ninth Circuit Court of
Appeals, June 10, 1991. Appealing U.S. District Court order of May 22, 1991 granting a
Motion for Summary Judgment. HISTORY: CV-90-0069-AWT(bx), CV-90-0070-SWV(kx),
and a third case were originally in U.S. District Court, Central District of California (Los
Angeles), but were transferred to U.S. District Court, Eastern District of California
(Fresno). The first case, filed on January 5, 1990, asked for information supporting the
conclusion of the Secretary of Defense in a letter to a congressman that whistleblowing
allegations by the Plaintiff were without merit; information pertaining to allegations by the
Plaintiff regarding fraud at the Naval Weapons Center (NWC) [Mr. Duckworth in a
December 7, 1989 letter to NWC attached to the complaint alleged that someone had
removed the right glove of an old worn pair of work gloves placed on his garage work bench;
had drained all the propane from his outdoor barbecue; and had conducted electronic
surveillance and/or wire taps on his residence. He requested information regarding these
acts; and information relating to sewage contamination at NWC. The Government filed,
regarding the 0069 suit, a Motion to Dismiss for failure to properly serve and a motion to
transfer to the Eastern District of California (Fresno) on March 12, 1990. At a hearing on
March 16, 1990, the court transferred the suit to the Eastern District. Duckworth filed a
second suit asking for a document regarding "government control of the news media"; a
document "that describes the target date for the transfer of the United States form [sic] a
Democratic Institution to a Federal Dictatorship; and documents regarding the A6-F, F-
14D, AGM-88A, and CB USS Abraham Lincoln. On April 18, 1991, the United States
District Court for the Eastern District of California granted defendant's Motion for
Summary Judgment. On June 10, 1991, Mr. Duckworth filed a Notice of Appeal to the 9th
Circuit Court of Appeals. On September 10, 1992, the United States Court of Appeals for
the Ninth Circuit affirmed the District Court decision on the basis that Duckworth failed to
file a declaration or affidavit in response to the government's Motion for Summary
Judgment and made conclusory allegations rather than offering evidence "so substantial
that a fair-minded jury could return a verdict for him."

55 -



Item 9

F h. F 1

The fee schedule on pages 62 through 75, 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.

$1,546,497.72 was collected from the public for making records available during the year
1992 (see item 10(b), page 77 for agency totals).

61.



Pease, Kendell

Pendley, William

Peyer, R. A.

Priest, P. L. C.
Ptak, Alan C.
Ra‘anan, Michael
Reese, Ann P.
Register, Ronnie H.
Rhoden, Harold H.
Rudd, Glenn A.
Rudman, William N.

Schacter, Leon J.

Scheflen, Kenneth C.

Schulte, Gregory L.

Sharkey, William J.

Capt

Civ

BrigGen

Civ

Civ

Public Affairs Officer, United States Atlantic
Command

Deputy Assistant Secretary (East Asia &
Pacific Affairs), Assistant Secretary of Defense
(International Security Affairs)

Deputy Director, Theater Nuclear Forces
Policy, Assistant Secretary of Defense
(International Security Policy)

Joint Secretary, United States Pacific
Command

Deputy Assistant Secretary (POW/MIA Affairs),
Assistant Secretary of Defense (International
Security Affairs)

General Counsel, On Site Inspection Agency

Director, Defense Management Report
Implementation Coordination Office

Deputy Director for Management, Defense
Advanced Research Projects Agency

Vice Commander, 9th Air Force, United States
Central Command

Deputy Director, Defense Security Assistance
Agency

Deputy Under Secretary of Defense (Trade
Security Policy)

Director, Directorate for Industrial Security
Clearance Review, Defense Legal Services
Agency

Director, Defense Manpower Data Center,
Assistant Secretary of Defense (Force
Management & Personnel)

Director, Strategic Forces Policy, Assistant
Secretary of Defense (International Security
Policy) .

Director, Program Support, Assistant Secretary
of Defense (Production & Logistics)

15

27

15

10



The total DoD operating cost associated with the 1992 requests was $27,385,912.92.
The average cost of processing a single case during 1992 was approximately $226. Fee
collections for records provided to the public amounted to $1,546,497.72. Total program
costs since inception of the report are reflected below.

70
sR es

»ZO-rr-=
o
a 8

7% 76 77 78 79 8 81 8 8 8 8 8&6 87 8 89 9% 91 92
YEAR

Questions regarding this report should be addressed to the Director, Freedom of
Information and Security Review, OASD (Public Affairs), Room 2C757, The Pentagon,
Washington, DC 20301-1400.



Hopson, Everett G.

Hosmer, Bradley C.,

Idrago, Samuel

Irving, George W.

Jaeger, James A.

Jaynes, Jay J

Jones, Roger A.

Judd, Thayne H.

Klich, Michael A.

Krebs, Richard A.

Lahendro, Albert

Lara, Corrine E.

Lauher, John

LtGen

Civ

Col

BrigGen

LtCol

Col

Col

Col

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

Superintendent, Headquarters United States
Air Force Academy

Executive Assistant, San Antonio Air Logistics
Center, Headquarters Air Force Materiel
Command/Executive Assistant, San Antonio
Air Logistics Center, Headquarters Air Force
Logistics Command

Chief of Staff, Human Systems Center,
Headquarters Air Force Materiel
Command/Chief of Staff, Human Systems
Division, Headquarters Air Force Systems
Command

Commander, Air Force Technical Applications
Center

Acting Chief of Staff, Headquarters Air Force
Intelligence Command.

Staff Judge Advocate, Headquarters Strategic
Air Command

Acting Chief of Staff, Headquarters United
States Air Force Academy

Director, Information Management,
Headquarters Air Force Space Command

Vice Commander, Air Force Technical
Applications Center

Acting Chief of Staff, Space Systems Division,
Headquarters Air Force Systems Command

Acting Director, Information Management,
Headquarters Air Forces Space Command

Vice Commander, 17th Air Force, Headquarters
United States Air Forces in Europe

36

22

19

19

20

82

32



“q'] WEY) JoqIO JoUUOSIET 44

snmp [Od Ou1}-7.1ed 10 oury}-[[NJ pousisse jouUOS.0g

92°96L‘F98'S$
00'0$

SB T98'SShS
82°L9'06$
00'689'z98$
00°ST8°88$
00'0$
00°TS$
00°S29°2$
00'989'TI$
00°8T0‘90z$
00°6h2'8FS

00'Ssh'TOF'S$
00°282'080'TS
00's T0z8s
00°L68'96$
00°S29°721$
00°166°661$
00'860'9TZ$
00°FS6'F8T$

00's80'T0S‘s$
O'rST

GL'CSL‘T89'9$
00°60L‘8z$

OS'BhsH0r$
os'srs‘0s$
00°r68'EzE$
00°082Ez$
00'ers$
00°%z9'rs
00°882°8$
00°020'8$
00°099°6+2$
00's26'88$

SBTLL‘SST‘9$
SZ°PSL‘08S'TS
00°969°LL8$
00°1z4‘s9$
00°F 18‘09T$
00°288'902$
00°896'Z8ST$
00'090'6S2$

00°22r'Sh0'FS
esil

O1'6F2'6ZL'8$
00°0$

S8'P6T'SOLS
L8°880' TFS
SrSSTF9S$
IVSSS‘Sr$
Z6'0r8'e$
LZ'166'0F$
69°L29°6$
L8'SHO'E1S$
LV ISSPSZ$
SP'6rS'S6I$

SL'¥90°FZ0'8$
S6°018F09'T$
Br VESSELS
PS 196'88S
GB'°9S8'sEzS
O1's0z'681$
ye'los‘ars$
68'0FT'608$

88'60F'E92'S$
6PST

(P,440D) (GOT U83T

98°L08'T82'2$
00°200'+$

88'910'LFS
82°S0r'6$
OT'ST9'LE$
ve'ves$
oo'sess
62'962$
6r'esss
00°0$
L9°088'92$
TWBLT‘OIS

6r'68IO8T'2$
06°L80°98h$
go'ege'sors
Tz°908'9T$
06'0FL‘9T$
sv'60r'aes
6I'PZr'es$
SP'OLE'SS

T6'F69‘SL9'TS
69%

(1H 0-1g} J] $9809 [870], “AT
possaso1g s}sonbay ourynoy Jo 4802 “IIT

(1 + HI 101 ‘e

[H 30 %9Z] pBoyz2AQ ‘T

[5 1.2143 Vv] 183099NS “H

30170 “D.

Syey19;8] [ENsyAoypny “WT

Adog sz0yndu0g *"y

Spaodoy powaitd °d

aoHNpoaday syo1yOIN TAI“)

uoronposdoy Adod 20430 ‘GT

OUIL], YoIBag 19yndul0D -y
8980D Pozeloy O8BD 107130 “II

(a 9293 @] 1930.5
[(0 + @) 30 %Gz] PBEqIAAG ‘CG
[(g) 9.143 (1)] T8991 (9)
SOIPTATJOV 10470 (9)
uonsiedelg uL10,j/a0uepuodse.z10) (F)
Teaoaddy 9 uoyyeuyps005 (¢)
Buysyoxy Y Moyaoy (Z)
OuUIL], Gores (T)
#4(89}8Y BINPOYOS 29,7)
£103078Q) Aq 8380p AnoyquByy pozyeulTysy *O
87800 1eeAUBy] “gg
sSTeakuBy] poyeurysy "V
83809 [eUT0S.10g *T}

78


Cammack, E. G.

Cantrell, W. H.

Cantwell, L. J.

Carney, P. J.

Carter, R. L.

Chandler, D. F.

Chubb, J. E.
Cook, D. W.

Cook, T. P.

Cotter, E. F.

Coyle, R. E.

Crane, T. C.

Dadson, J. B.

Dames, T. A.

Davis, G. W.

Davis, E.

Decicco, W. A.

Civ

LtCdr

Capt

Capt

Maj

Capt

Capt

Capt

Capt

Cdr

Director, Procurement Policy, Office of the 9
Assistant Secretary of the Navy (Research,
Development, & Acquisition)

Commander, Space and Naval Warfare 2
Systems Command

Staff Judge Advocate, Naval Postgraduate 1
School

Deputy Assistant Judge Advocate General, 1
International Law

Director, Manpower Management Information 13
Systems Division, Headquarters, United States
Marine Corps

Vice Commander, Military Sealift Command. 1
Commander, Naval Oceanography Command 2

Acting Commander, Naval Air Warfare Center 8
(Weapons), Naval Air Systems Command

Staff Judge Advocate, Naval Criminal 948
Investigative Service

Staff Judge Advocate, Command Strike Fighter 8
Wing, United States Pacific Fleet

Staff Judge Advocate, Naval Air Systems 184
Command

Commanding Officer, SouthWest Division, 11
Naval Facilities Engineering Command

Chief of Staff, Tactical Wings Atlantic, United 5
States Atlantic Fleet

Commanding Officer, Northern Division, Naval 19
Facilities Engineering Command

Inspector General 68
Deputy Commander, Naval Computer and 15

Telecommunications Command

Force Judge Advocate, Naval Air Force, United 4
States Atlantic Fleet

24.



FREEDOM OF INFORMATION ACT
ANNUAL REPORT
CALENDAR YEAR 1992

SUMMARY

A total of 121,144 public requests for records under the Freedom of Information Act
(FOIA) were completed during 1992 by the Department of Defense. As shown below, there
was a slight decline in the number of cases processed in 1992 from the previous year.

150,000
125,000
100,000

75,000

amargo

50,000

25,000

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

The Department of Defense fully denied 1,827 and partially denied 8,813 out of
121,144 requests on the basis of FOIA exemptions. Of those exemptions, 10% were for
classified information; 8% for internal rules and practices; 5% for statutory exemptions;
10% for proprietary data; 18% for deliberative material; 24% for privacy information; and
25% for law enforcement investigations. An additional 27,950 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 1,517 appeals of
denied requests, 63 of which were granted, 332 partially denied, 722 fully denied, and 400
which could not be filled for other reasons, as mentioned earlier.



Item 5(b)

tes I d 1 Determinati

10 USC 128
10 USC 130
10 USC 1102 1 2
10 USC 2796 2
18 USC 798 16 16
41 USC 423 1 3| 4
142 USC 2161-2168 3 1 1 5
(PL. 703)
50 USC 402 Note 25 25)
Sec 6, P.L. 86-36
National Security 16 16]
Act of 1947, Sub-
section 102 (d)(3)
as amended (50
USC 403 (d)(3))
Sec 822, Natl Def 1 1
Auth Act, FY 90 &
91 (P.L. 101-189;
103 Stat 1503)

Agency To:

~
wo
bo

48



Wright, J.C.

Wylie, P. C.

Zakem, J. S.

STMENT OF

Almquist, Tommy B.

Anderson, Ty

Anderson, Wayne L.

Bailey, Gregory

Baines, E. Darden

Bauerlein, Robert R.

Baugh, Robert L.

Beach, John W.

Blankenbeker, Joan W.

Bracken, E. R.

Block, David O.

Boles, Billy J.

Capt

Capt

Capt

Col

LtCol

LtCol

Col

Civ

Civ

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

Deputy Assistant Judge Advocate General,
General Litigation

Public Affairs Officer, United States Atlantic
Fleet

FORCE

Director of Reports & Analysis, Headquarters
Air Force Safety Agency

Acting Director, Information Management
Headquarters, Tactical Air Command

Acting Director, Information Management
Headquarters, Tactical Air Command

Commander/Vice Commander , 16th Air Force,
Headquarters United States Air Forces in
Europe

Director, Administrative Services, National
Guard Bureau

Deputy Under Secretary of the Air Force,
International Affairs

Assistant Auditor General (Operations),
Headquarters Air Force Audit Agency

Deputy Assistant Secretary of the Air Force
(Financial Management & Comptroller)

Director, Information Management,
Headquarters Air Training Command

Chief of Staff, Headquarters Air Force Logistics
Command

Acting Director, Information Management,
Headquarters Air Force Space Command

Deputy Chief of Staff for Personnel,
Headquarters U.S. Air Force.

32

17

30

14

30

49

33



Stapleton, Joseph K.
Steele, Stephen
Stewart, Todd I.
Teiber, Joseph F., Jr.
Thompson, Barry L.

Thompson, Dale

Tillstrom, Richard P.
Townsley, Emory
Traczyk, Jeffrey Ss.
Trowbridge, Donald C.

Vick, James L.
Walker, Johnny R.

Walters, Charles W.
Weaver, Richard L.

White, Eugene J., Jr.

BrigGen
Col

Col

MajGen

LtCol

LtCol

BrigGen

Col

Deputy Inspector General, Office Secretary of
the Air Force

Assistant Chief of Staff, Headquarters United
States Air Forces in Europe

Deputy Civil Engineer, Headquarters United
States Air Force

Director, Information Management,
Headquarters Air Force Reserve

Acting Deputy Inspector General, Office
Secretary of the Air Force

Commander, Ogden Air Logistics Center,
Headquarters Air Force Materiel
Command/Commander, Ogden Air Logistics
Center, Headquarters Air Force Logistics
Command

Chief of Staff, Air Force Military Personnel
Center

Acting Staff Judge Advocate, Headquarters
Strategic Air Command

Acting Director, Information Management,
Headquarters Air Force Space Command

Vice Commander, Air Force District of
Washington

Commander, Air Force District of Washington

Acting Director, Information Management,
Headquarters Air Combat Command

Vice Commander, Air Force District of
Washington

Deputy for Security & Investigative Programs,
Office Secretary of the Air force

Chief, Information Security, Office of the Chief

of Security Police, Headquarters United States
Air Force

41

30

62

11

11

24



Jones, R. C.
Kelley, P. W.

Konetzni, A. H.

Kotzen, P. F.
Lannon, C. R.

LaValle, A. A.

Ledvina, T. N.

LeGrand, C. M.
Lewis, W. H.

Lowe, M. E.

Luke, J. D.

Lyons, G. P.

Malley, K. C.
Mandsager, D. L.

Marsh, L. R.

Mathis, W. W.

McCormack, R. C.

McElhaney, M. K.

RAdm
Capt

Capt

Civ

Civ

Capt

Capt
Capt

Col

Capt

LtCol

VAdm

Capt

Commandant, Naval District Washington

Deputy Assistant Judge Advocate General,
Administrative Law

Chief of Staff, Submarine Force, United States
Atlantic Fleet

Deputy Inspector General

Deputy Director, Naval Criminal Investigative
Service

Exectutive Director, Navy Exchange Command,
Naval Supply Systems Command.

Deputy Assistant General Counsel
(Installations & Environment)

Legal Counsel, Bureau of Personnel

Acting Commander, Western Division, Naval
Facilities Engineering Command

Chief of Staff, Marine Corps Base, Camp
Pendleton

Commander, Naval Education and Training
Command, Chief of Naval Education and

Training
Head, FOIA/Privacy Branch (Admin Law)
Commander, Naval Sea Systems Command

Fleet Judge Advocate, United States Pacific
Fleet

Commander, Submarine Group 9, United
States Pacific Fleet

Commander, United States Naval Forces Korea
Submarine Force, United States Pacific Fleet

Assistant Secretary of the Navy (Financial
Management)

Counsel, Naval Facilities Engineering
Command

27

28

24

90

49


Ehrenberg, R. H., Jr.
Ellis, James R.

Farr, Craig

Fields, Craig I.

Fitzgibbon, Gerald M.

Freeman, Waldo D.
Freidl, Joe, Jr.

Gaffney, Frank J., Jr.

Garrison, William F.

Gaskins, Philip W.
Gee, George N.

Getchell, George L.
Gilliat, Robert L.

Ginman, Richard T.
Goetze, Richard B., Jr.
Graham, Douglas R.

Col

MajGen

Civ

MajGen

Civ

MajGen

Col

Col

Civ

Capt

MajGen
Civ

Dean, Operations and Services Division,
Defense Systems Management College

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

Director, Test and Evaluation, Defense
Research & Engineering

Deputy Director for Research, Defense
Advanced Research Projects Agency

Director, Proliferation Controls &
Countermeasures, Assistant Secretary of
Defense (International Security Affairs)

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

Director, Budget and Finance, Washington
Headquarters Services

Deputy Assistant Secretary of Defense
(Strategic Forces & Nuclear Policy), Assistant
Secretary of Defense (International Security
Policy)

Commander, Joint Special Operations
Command

Chief of Staff, National Defense University

Commander, Joint Task Force FOUR, United
States Atlantic Command

Chief of Staff, 9th Air Force, United States
Central Command

Deputy General Counsel (Personnel & Health
Policy, General Counsel

Deputy Director of Defense Procurement

Vice Director, Joint Staff

Deputy Assistant Secretary of Defense
(Strategic Defense, Space & Verification Policy),

Assistant Secretary of Defense (International
Security Policy)

11

il

16



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
subsequént 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.

63 .



“‘g'] WBY) J9qQ}0 JoUUOSIO 4x

SoryMp [OT ourry-y.1ed 10 ouit}-][NJ pausisse jouuosseg ,

92°869'68$ To'v0s'6zE$
00'0$ 00°0$
Sz 189$ OL LLE'S8$
SzO1lgs 9E°SL.0°L$
o0's9r$ 13°CO8'82$
00'0$ 00'0$
00°0$ 00°0L6$
00'sT¢ 00'0$
00'0$ 93'82$
00'sL$ 9L°89$
o0'sL$ oz'ssr'cs
00°008$ 00°282‘F2$
Og'L10°68$ QB'9Z1' FESS
Os"808°L1$ SB'SZ8°8E$
00'r06‘s$ 00°002°FL$
00'99$ 00°961'2$
00'seT$ 00'99T‘9$
00'Sh0'T$ SL'Ov901S
00'0Sz'r$ 00's0s‘zes
00'sLe$ SB'VES'TTS
00'sTs‘s9$ 00101 T91$
LT v8

6S'OTL'SIZS
00'0$

gg'sva'a$
IT'6F0'T$
Pr'9Gl FS
00'FZ$
000s
00'0$
66'F66$
QL POTTS
OLOLT'TS
oo'9ss$

VL'VOP'80zS
96°369' TFS
£9'086'09$
00°826°S1$
SO'LSE'SIS
98'899°S1$
00°898‘s$
BL'SIZ'LE

OT'I6L'SIIS
ly

86'°089'L9$
00°0$

Se°6ES'T1$
L8°L98'S$
8h'TL0°6$
00°0$
00°0$
00'0$
OO'OTTS
00°0$
BUISSTS
OS OIK'LS

So THS'9SZs
Sesez' Iss
08°L62'L$
OL'008$
Or'g0z$
00°sTz$

LE TITS
ST'S9rS

(LH ©-143 I] $9805 1830], “AT
possa001g sysonbayy ourynoy Jo 4800 “IIT

I. + HI MOL ‘e

[H 30 492] Peoqsz0AQ ‘J

fp 0293 vy] 18303qNS “HH

72910 °D

S[¥11078]q] [eNsTsAorpny “Jf

Adog 1ayndurog *y

Spr0o0y pozyurtg “Cd

uoronpoadsy sqoyouoTA °O

aoyonpoaday Adon e430 *g

QUILL, Worwag saynduion -y
8380) pozEloy O88D 10430 “IT

(cd 929) @] 180.1 a
[CD + &) 30 %9Z] PBEq1040 “G
[(g) 193 (1)] T2301 (9)
SOTPTATOV 10490 (9)
uoneredeig UWLI0,j/20uepu0dset10_ (F)
Teaoaddy p uoyyeutpsz00D (§)
Buystoxg FY MoyAoy (2)
SUIT Yorwag (T)
+4(S2FBY A[NPOGOS 09,7)
41039382 Aq 8780) snoquey poyeunysy “OD
8380) avoAuByy “gg
sSavakuBy poyeulrsy -y

(P,F40D) (OT wr931

$}S0Q jouuosx:

7 aNFEAO TSO

719



Item 5(c)

r ns Ci 1D i ion:

eal
0)

9 20 0} 37 0) 72
0 33) 0 6 0 42
36 2| 0} 91 0 165)
0} 93 0 3 0 96
0 0 0 0 0}
0) 0 0 0 0}
0 0 0 0 0)
0 0 0 1 i)
0 0} 0 0 0}
2 3 0 5 0) 1
0 0 0 0 1
0 1 0 1 0
0} 0 0 0 0
0 0 0 0 0
2 2 0 3) 0}
49) 0] i i 400

* Types of Categories

1.
2.
3.
4,

Transferred Request

Lack of Records

Failure of Requester to Reasonably Describe Record

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)

49



Guy, D. A. Capt Assistant Judge Advocate General (Civil Law)

McCoy, D. F. Capt Assistant Judge Advocate General (Civil Law)
Wilcox, H. J. Civ Deputy General Counsel (Logistics)
DE F THE AIR
Davidson, William A. Civ Deputy Administrative Assistant, Office,
Secretary of the Air Force

McCormick, Robert J. Civ The Administrative Assistant, Office, Secretary
of the Air Force

DEPARTMENT CONTRACT AUDIT AGENCY

None

DEF! ND At INT ERVICE

Springett, John P. Civ Acting Director

DEFENSE INTELLIGENCE AGENCY

Clift, Denis A. Civ Chief of Staff
Prombain, Louis A. Civ Acting Chief of Staff
DEF! TIVE SERV!
Donnelly, John F. Civ Director
EFENSE I ION SYSTEMS AGENCY

Short, Alonzo E., Jr. LtGen _ Director

51

67
78

281

108



Malinowski, Paul A.

Marshall, Andrew W.
Maude, Timothy J.

McBride, Edmund F.
McDevitt, Michael

McDonald, W. M.

McKalip, H. Diehl

MeNikol, David L.

Minichiello, Lee P.

Mock, William G.

Molbolm, Kurt N.

Needham, T. H.

O'Donnell, William K.

Ostovich, Rudolph, IIT
Parry, D. Scott

LtCol

Civ
BrigGen

Civ

BrigGen

Civ

MajGen

Capt

Secretary Joint Staff, United States Special
Operations Command

Director, Net Assessment

Director, Manpower, Personnel and Security,
United States European Command

Chief, Documents Division, Joint Staff

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

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

Acting Director, Defense Security Assistance
Agency

Deputy Assistant Secretary of Defense
(Resource Analysis), Assistant Secretary of
Defense (Program Analysis & Evaluation)

Deputy Director, Strategic Arms Control &
Compliance, Strategic & Space Systems, Under
Secretary of Defense (Acquisition)

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

Administrator, Defense Technical Information
Center

Commander, Joint Task Force-Full Accounting,
United States Pacific Command

Executive Assistant, Assistant Secretary of
Defense (Command, Control, Communications
& Intelligence)

Vice Director, Joint Staff

Deputy Director of Defense Procurement

14

47

16

39
13