Published on CIA FOIA (foia.cia.gov) (https://www.cia.gov/readingroom)


DISCLOSURE OF AIR FORCE RECORDS TO THE PUBLIC

Document Type: 
CREST [1]
Collection: 
General CIA Records [2]
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90B00170R000100040021-7
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
20
Document Creation Date: 
December 22, 2016
Document Release Date: 
September 29, 2011
Sequence Number: 
21
Case Number: 
Publication Date: 
February 19, 1975
Content Type: 
MISC
File: 
AttachmentSize
PDF icon CIA-RDP90B00170R000100040021-7.pdf [3]832.09 KB
Body: 
Approved For Release 2011/09/29 : CIA-RDP90B00170R000100040021-7 iIK c 7S-1 JuL 7S DEPARTMENT OF THE AIR FORCE 6"I ApM17(0 AF REGULATION 12-30 Headquarters US Air Force 7 $J a1 7 Washington DC 20330 E Ra4 O Q C.ob 19 February 1975 /ypl~: ~Las+1~ 7v-7 ?.u EEG c!!!! Y 8G"l J".tpo ! ? bocument; of P4' /n1 C Is DISCLOSURE OF AIR FORCE RECORDS TO THE PUBLIC This regulation outlines policy and procedure on the disclosure of records, establishes mandatory time limits, and explains how members of the public may inspect or obtain copies of Air Force records, under the Freedom of Information Act (a U.S.C. 552, as amended by Public Law 93-502). It implements DOD Directive 5400.7 and is published in Title 32 C.F.R. 806. It applies to all Air Force activities. In case of a conflict, this regulation takes precedence over any existing Air Force directive dealing in whole or in part with the disclosure of records. Section A-General Information Paragraph Types of Requests Covered by This Regulation ...................................... 1 Terms Explained ................................................................... 2 Responsibilities .................................................................... 3 Requirement for an Annual Report .................................................. 4 Actions After the Effective Date of This Regulation .................................. 5 Documentation ..................................................................... 6 Programs of Instruction ......................................................... :.. 7 Section B-Policies Governing Disclosure of Records Basic Policies on Disclosure ......................................................... 8 Specific Policies on Disclosure ...................................................... 9 Records That May Be Withheld From Disclosure ..................................... 10 Partial Denial ...................................................................... 11 Section C-Disclosure and Denial Authorities Disclosure Authorities .............................................................. 12 Denial Authorities .................................................................. 13 Responsibilities of Disclosure and Denial Authorities ................................ 14 Section D-Processing Requests for Records Use of Functional Address Indicator ................................................ 15 Responsibilities of the Freedom of Information Manager ............................. 16 Responsibilities of the DAD ......................................................... 17 Processing Procedures .............................................................. 18 Notice of Administrative Extension ................................................. 19 Expedited Handling Required ....................................................... 20 Section E-How the Public Submits Requests for Records Identify Material Requested ........................................................ 21 Addressing Requests ............................................................... 22 Section F-Appeals From Denials To Make Records Available Filing and Appeal .................................................................. 23 Attachments 1. (Map) USAF Active Major Installations .......................................... 2. Where To Address Requests for Records of Military Personnel .................... 3. Where To Address Requests for Air Force Technical, Supply, and Engineering Publications and Data ............................................... 4. Sample Format for Letter Denying Request for Access to or for Obtaining Copy of Records ...................................................... 5. Sample Format for Letter Complying With Request ................................ Page 12 13 page.) JPR: DAD DISTRIBUTION: B HQ USAF (LA) Approved For Release 2011/09/29 : CIA-RDP90B00170R000100040021-7 :zi E U .ARY FILE col "Y Approved For Release 2011/09/29 : CIA-RDP90B00170R000100040021-7 h. Sample Format for Letter Notifying Requester of Misdirected Request ............. 7, Sample Format for Letter Notifying Requester of Extension of Time ........:....... H. Schedule of Fees for Searching and Duplicating Under the Freedom of Information Act ...................................................... fables 1. Special Release Procedures for Certain Types of Records .......................... 2. Disransure Authority for Specialized Requests .................................... 3. Where. To Send Requests ......................................................... SECTIONA-GENERALINFORMATION e(1) The tterm els such a d s"rdoes not tuincude obj 1. Type of Requests Covered by This Regulation: paintings, sculpture, three-dimensional models, a. This regulation governs the disclosure of vehicles, equipment, and so forth, whatever their records to the general public, including military historical value as "evidence." and civilian personnel who are acting as private (2) Records are not limited to permanent or r.tlizens. historical documents; they include contem- b. In addition to the general procedures outlin- poraneous ones as well. ed in this regulation, some records are subject to (3) Formulae, designs, drawings, research ,pei.ialized or limited disclosure procedures, data, computer programs, technical data such as those listed here in table 1. packages, and so forth, are not considered "records" within the Congressional intent of 5 2. Terms Explained: U.S.C. 552. Because of development costs, a. Denial Authority. Anyone having the utilization, or value, these items are considered authority to deny the disclosure of records property, not preserved for informational value requested by the public. or as evidence of agency functions, but as h. Determination. The decision either to grant exploitable resources to be utilized in the best or deny a request from the public for records. interest of all the public. c. Disclosure. The act of making a record (a) Requests for copies of such material available for inspection, or of providing a copy of shall be evaluated in accordance with policies the record, to the public when requested. expressly directed to the appropriate dissemina- d. Disclosure Authority. Anyone having the tion or use of such property. authority to disclose records requested by the (b) Requests to inspect such material to public.. determine its content for informational purposes e. Freedom of Information (FOI) Manager. The shall normally be granted, however, unless in- pcrson responsible for managing the Freedom of spection is inconsistent with the obligation to Information Program at each level. protect the property value of the material, as for I. Functional Address Indicator DADF. DADF example, may be true for certain formulae. is the indicator to identify all forms of com- munications pertaining to requests under the 3. Responsibilities. In carrying out the objectives Freedom of Information Act (see AF'10-6). and requirements of the Freedom of Information g. Partial Denial. A determination that any Act, as amended, the following responsibilities portion of a requested record be withheld. are assigned: h. Records. For the purpose of this regulation, records" as defined in 44 U.S.C. 3301, and a. Administrative Assistant to the Secretary of quoted below, should be used as a guide: the Air Force (SAF/AA). Overall responsibility "As used in this chapter, 'records' includes within the Air Force for implementation of and all books, papers, maps, photographs , or compliance with the Act. Responsible for final other documentary materials, regardless of decision of appeals (see pars 23). physical form or characteristics, made or b. Director of Administration, HQ USAF/DA. received by any agency of the Iinited States Responsible for the administration and supervi- Government under Federal law or in cunnec- sion of the policies and procedures prescribed Lion with the transaction of public business within this regulation; for submitting the annual and preserved or appropriate for preserva- report; and for developing an Air Force program lion by that agency or its legitimate of instruction on the Freedom of Information Act. successor as evidence of the organization, functions, policies, decisions, procedures, c. Commanders of Major Commands and operations or other activilies of the Govern- Separate Operating Agencies of the Air Force. meni or bueaiiseof the informational value of Responsible for implementing this regulation .4,,,.. , ,L..._ " within their commands and agencies. Approved For Release 2011/09/29 : CIA-RDP90B00170R000100040021-7 Approved For Release 2011/09/29 : CIA-RDP96BOO17OR000100040021-7 AFR 12-30 19 February 1975 w_(_ -7 (. -P .able 1. Special Release Procedures for Certain Types of Records. Accident/Incident Investigation and Reports ............................... AFR 127-4 Background. Criminal. and Counterintelligence Reports of Investigation .... AFR 124-4 Civilian Personnel Records ............................................... Federal Personnel Manual, Chap 294, and AF Supplement to it Classified Records ........................................................ DOD ISPR 5200.1R/AFR 205-1 t l I ti f Ai ft d Mi il A id t ll ti C AFR 110 14 ons o s ................. nves rcra an ss e cc en o a era ga - Computer System.Descript ion. Programs, and Related Documentation ...... AFM-t?' 1.ec.L Drug/Alcohol Abuse Programs Documentation ............................. AFR 30-2 Inspection Reports ....................................................... AFR 123-1 Inspector General Investigation ........................................... APR 120-3 Litigation ................................................................ AFR 110-5 Medical Rrcords.. .......................... ............. .. .. ........ .... AF 163-4 - rnn696_f Military Personnel Records ............................................... AFR46-4im3.0-64 11^'76-1 News Media ............................................................. AFR 190-12 Procurement Information Reports ......................................... Armed Services Procurement Regulations IASPRsI Release of Test Results on Commercial Equipment ......................... AFR 80-24 Unclassified Records of Trials After Courts-martial ........................ AFM 111-1 d. FOI Managers (DAD) at All Levels of the Air 'orce. Overall responsibility for controlling and irocessing all requests for records; for obtaining recommended determinations from the office of primary responsibility for the records requested; for collecting fees: and for submitting required reports. e. Disclosure and Denial Authorities. Their responsibilities are set forth in para 14. I. Office of Primary Responsibility for the Requested Record. Responsible for providing the requested record and for assisting the disclosure authority in making a determination within prescribed 10-day time limit. g. The Office Designated by the FOI Manager To Process Requests. Responsible forcontrol and suspense of requests and promptly making records available within the prescribed 10-day time limit. 4. Requirement for an Annual Report. The DAD at each major command and separate operating agency of the Air Force and HQ USAF/DADP must furnish an annual report on Freedom of Information Art activities during the calendar year. The Report Control Symbol is DD- PA(A)1365. The report must be submitted to FIQ USAF/DAD on or before 15 January of each year. The report must include: a. The number of requests processed under this egulation. b. The number of determinations made not to comply with requests for records made under this regulation and the reasons for each such determination. c. The names and titles or positions of each person responsible for the denial of records requested under this regulation, and the number of instances of participation for each. d. The total amount of fees collected for making records available under this regulation. e. A copy of each command supplement or other instructions issued to implement this regulation. f. All information that indicates efforts to instruct and educate personnel and to administer fully the Freedom of Information Act. g. Such data on the costs of processing requests under this regulation as can reasonably be ascer- tained or estimated. h. Any problems incurred in implementing this regulation and any solutions for those problems. 5. Actions After the Effective Date of This Regulation. Any requests for records or ad- ministrative appeals still pending in the Air Force on the effective date will become subject to this regulation. 6. Documentation. Dispose of documentation prescribed by this directive in accordance with AFM 12-50. Approved For Release 2011/09/29 : CIA-RDP96BOO17OR000100040021-7 7. Programs of Instruction. HQ USAF/DAD will establish programs of instruction on the provisions and requirements of this regulation for all officials and employees who contribute to the implementation of the Freedom of Informa- tion Act. SECTION B-POLICIES GOVERNING DIS- CLOSURE OF RECORDS 8. Basic Policies on Disclosure: a. It is the policy of the Departments of Defense and the Air Force to make available to the public the maximum amount of information and records concerning their operations and activities. b. This basic policy is subject to the necessary exemptions recognized in 5 U.S.C. 552(b); that is, certain records may need to be withheld from public disclosure, as explained in para 10. However, even when such nondisclosure is so authorized, the request for disclosure may be granted, at the sole discretion of the Air Force, if no significant and legitimate governmental pur- pose is served by withhholding them. c. Determination that a record should be withheld must not be influenced by the possibili- ty that its release might suggest administrative error or inefficiency, or might otherwise em- barrass the Air Force or an official of the Air Force. d. A request for a record is considered satisfied when one copy is provided, which may be reproduced by the requester. 9. Specific Policies on Disclosure: a. Any "reasonably described" material (see below) in the possession of the Air Force that qualifies as a "record" (as defined in para 2h) and is not exempt from disclosure under para 10, should be made available upon written request from any person. b. To be considered "reasonably described," the record must already exist at the time of the request; that is, there is no obligation to create a record to satisfy a request for information. However, if the information exists in the form of several records at so many different locations that gathering the information would involve excessive administrative costs, the requester should he referred to the sources at those locations. c. A requester must be reasonably specific in identifying each record he would like made available. The Air Force is not required to permit the requester to browse through entire files or large series of records to find a record he may then "identify." The Air Force must make a reasonable effort to locate any records requested. (1) A request for a specific record should not be denied solely because the record is maintained by computer. AFR 12-30 19 February 1975 (2) The request may be denied only by an official designated in table 2, as explained in section C. (Other Air Force directives may also contain specific procedures for release or denial of records; see table 1.) d. Under 5 U.S.C. 552(a)(4(A)) and 31 U.S.C. 483a, requesters are charged the reasonable standard costs to the Air Force for searching and duplication. (1) Charges are determined as explained here in atch 8. (2) No charge is made to the public for the use of an established reading room or reference library. (3) The fee shall not include the cost of determining whether the record is exempt from disclosure under para 10, or whether it would serve a significant and legitimate governmental purpose to withhold the record. e. Official requests for records received direct- ly from foreign governments, their represen- tatives, or international commands, may be answered only by offices holding delegation of disclosure authority letters as described in AFR 200-9. Other Air Force recipients must send such correspondence to the foreign disclosure policy office within their major command, or to HQ USAF/CVAFI. 10. Records That May Be Withheld From Disclosure. Records or portions of records which fall in one or more of the exemptions listed in subparas a through i below are exempt from disclosure to the public. (NOTE: These sub- paragraphs are taken from DOD Directive 5400.7.) Nevertheless, any request for such a record will not be denied unless it is also determined that a significant and legitimate governmental purpose would be served by exer- cising the exemption. If only a portion of the record is determined to be exempt, the rest of the record must be disclosed (see para 11). a. Those properly and currently classified in the interest of national defense or foreign policy, as specifically authorized under the criteria established by Executive Order and im- plemented by regulations. b. Those containing rules, regulations. orders, manuals, directives, and instructions relating to the internal personnel rules or to the internal practices of the Air Force, if their release to the public would substantially hinder the effective performance of a significant function of the Air Force. (1) Operating rules, guidelines and manuals for Air Force investigators, inspectors, auditors, or examiners, and certain schedules or methods of operation which would reveal: (a) Negotiating and bargaining techni- ques. Approved For Release 2011/09/29 : CIA-RDP90BOO170R000100040021-7 AFR 12-30 19 February 1975 1. For use in litigation ..................................... 2. Records of trial after courts-martial ..................... 3. Medical Records ........................................ The judge Advocate General, or other authority listed in AFR 110-5 The judge Advocate General, or other authority listed in AFR 111-2 The director, base medical services, or a designated medical officer, subject to the requirements of AFM 168-4 4. Inspector General Report of Investigation ................ 5. Inspection Reports ...................................... 6. Primary accident /incident investigations (excludes ground/explosive accidents) ............................ 7. Collateral accident/incident investigations ............... 8. AF Office of Special Investigation reports of investigation ....... ........................ As outlined in AFR 120-3 As outlined in AFR 123-1 As outlined in AFR 127-4 As outlined in AFR 110-14 9. Classified Records ...................................... The original classifier or the office currently responsible for the classification of the subject matter pursuant to DOD ISPR 5200.1R (b) Bargaining limitations and positions. (c) Inspection schedules and methods. (d) Audit schedules and methods. (2) Personnnel and other administrative matters such as examination questions and answers used in training courses or in the determination of the qualifications of candidates for employment, entrance to duty, advancement, or promotion. c. Those containing information which statutes authorize or require be withheld from the public. The authorization or requirement may be found in the terms of the statute itself or in Executive Orders or regulations authorized by, or in implementation of, a statute. (1) Trade, technical, and financial informa- tion provided in confidence by businesses. (2) National Security Agency information. (3) Any records containing information relating to inventions which are the subject of patent applications on which the Patent Secrecy Orders have been issued. (4) The Privacy Act of 1974. (5) Restricted Data and Formerly Restricted Data. d. Those containing trade secrets or commer- cial or financial information which the Air Force receives from a person with the understanding that it will be retained on a privileged or.con- fidential basis in accordance with customary handling of such records. Such records are those the disclosure of which would cause substantial harm to the competitive position of the person providing the information; impair the Government's ability to obtain necessary infor- mation in the future; or impair some other legitimate governmental interest. Examples in- clude records which contain: (1) Commercial or financial information received in confidence in connection with loans, bids, contracts, or proposals, as well as other information received in confidence, or privileged, such as trade secrets, inventions and discoveries, or other proprietary data. (2) Statistical data and commercial or finan- cial information concerning contract perfor- mance, income, profits, losses and expenditures, if offered and received in confidence from a contractor or potential contractor. (3) Information customarily considered privileged or confidential under the rules of evidence in the Federal courts, such as informa- tion coming within the doctor-patient, lawyer- client, and priest-penitent privileges (4) Personal statements given in the course of inspections, investigations, or audits, where such statements are received in confidence from the individual and retained in confidence because they cover trade secrets or commerical or financial information normally considered confidential or privileged, or because they are essential to an effective inspection, investiga- tion, or audit. (5) Data provided in confidence by private employers in connection with locality wage surveys which are used to fix and adjust pay schedules applicable to prevailing rate employees within the Air Force. e. Except as provided in subparas (2) through (5) below, internal communications within and among agencies and components. (1) Examples include: (a) Staff papers containing staff advice, opinions, or suggestions. (b) Information received or generated by the Air Force preliminary to a decision or action, including draft versions of documents, where premature disclosure would interfere with the orderly conduct of government. (Preliminary or draft documents received from other governmen- tal organizations are not Air Force records and may not be released by the Air Force without the agreement of the organization.) (c) Advice, suggestions, or reports prepared on behalf of the Air Force by boards, committees, councils, groups, panels, con- ferences, commissions, task forces, or other similar groups that are formed by the Air Force to obtain advice and recommendations, or by in- dividual consultants. (d) Those portions of Air Force evaluations of contractors and their products which contain recommendations or advice by government employees about the contractor or product. (e) Advance information on such matters as proposed plans to procure, lease, or otherwise acquire and dispose of materials, real estate, facilities, or functions when such information would provide undue or unfair competitive ad- vantage to private personal interests. (f) Records which are exchanged among agency personnel or within and among com- ponents or agencies preparing for anticipated legal proceedings before any federal, state or military court or before any regulatory body. (g) Reports of inspections, audits, in- vestigations or surveys which pertain to safety, security, or the internal management, ad- ministration, or operation of the Air Force. (2) If any such intra- or inter-agency record, or reasonably segregable portion of such record would routinely be made available through the discovery process in the course of litigation with the Air Force, (that is, the process by which litigants obtain information from each other that is relevant to the issues in a trial or hearing) then it should not be withheld from the general public. If, however, the information would only be made available through the discovery process by special order of the court based on the particular needs of a litigant balanced against the interests of the Air Force in maintaining its confidentiali- ty, then the record or document should not be made available to a member of the general public. (3) Intra- or inter-agency memorandums or letters which are factual, or those reasonably segregable portions which are factual, are routinely made available through discovery, and should, therefore, be made available to a re- quester unless the factual material is otherwise exempt from release. (4) A direction or order from a superior to a subordinate, though contained in internal com- munication is generally not withholdable from a requester if it constitutes policy guidance or a decision, as distinguished from a discussion of preliminary matters that would compromise the decision-making process. (5) An internal communication concerning a decision which subsequently has been made a matter of public record should normally be made available to a requester when it furnishes the best support, explanation, or rationale for the decision. f. Information in personnel and medical files, as well as information in similar files that, if disclosed to a member of the public, would result in a clearly unwarranted invasion of personal privacy. (1) Examples of files similar to personnel and medical files include: (a) Those compiled to evaluate or ad- judicate the suitability of candidates for civilian employment and the eligibility of individuals, civilian, military or industrial, for security clearances, or for access to particularly sensitive classified information. (b) Files containing reports, records, and other material pertaining to personnel matters in which administrative action, including dis- ciplinary action, may be taken. (2) In determining whether the release of information would result in a "clearly un- warranted invasion of personal privacy," con- sideration should be given to the stated or assumed purpose of the request. When deter- mining whether a release is "clearly un- warranted," the public interest in satisfying this purpose must be balanced against the sensitivity of the privacy interest being threatened. (3) When the only basis for withholding information is protection of the personal privacy of an individual who is the subject of the record, the information should not be withheld from him or from his designated legal representative. A clearly unwarranted invasion of the privacy of others appearing in that record may, however, constitute a basis for deleting reasonably segregable portions of the record even when providing it to the subject of the record. (4) An individual's personnel, medical, or similar files may be withheld from him or from his designated legal representative only to the extent consistent with the Privacy Act of 1974, after its effective date of 27 September 1975. g. Those investigative records compiled for the purpose of enforcing civil, criminal, or military law, including the implementation of Executive Orders, or regulations validly adopted pursuant to law. (1) But only to the extent that their release would: (a) Interfere with enforcement proceedings; (b) Deprive a person of the right to a fair trial or an impartial adjudication; (c) Constitute an unwarranted invasion of personal privacy; (d) Disclose the identity of a confidential source; (e) Disclose confidential information furnished only from a confidential source ob- tained by a criminal law enforcement authority in a criminal investigation or by an agency conducting a lawful national security in- telligence investigation; (f) Disclose investigative techniques and procedures not already in the public domain and requiring protection against public disclosure to insure their effectiveness; (g) Endanger the life or physical safety of law enforcement personnel. (2) Examples include: (a) Statements of witnesses, and other material developed during the course of the investigation, and all materials prepared in con- nection with related government litigation or adjudicative proceedings. (h) The identity of firms or individuals suspended from contracting with the Air Force or being investigated for alleged irregularities when no indictment has been obtained nor any civil action filed against them by the United States. (c) Information obtained in confidence, expressed or implied, in the course of (a) a criminal investigation by a criminal law enforce- ment agency or office within the Air Force; or (b) a lawful national security intelligence investiga- tion conducted by an authorized agency or office within the Air Force for the purpose of obtaining: 1. Affirmative or counter intelligence information, or 2. Background investigation informa- tion needed to determine suitability for employ- ment or eligibility for access to classified infor- mation. (3) The right of individual litigants to in- vestigative records currently available by law is not diminished. (4) When the subject of an investigative record is the requester of that record, it may be withheld after 27 September 1975, only in accor- dance with regulation implementing the Privacy Act of 1974. After 27 September 1975, the effective date of the Privacy Act of 1974,, the identity of the source of information obtained in confidence may be withheld in accordance with an implied or express promise of confidentiality given prior to that date and in accordance with an express promise of confidentiality after that date. Information from which the confidential source can be deduced may also be withheld. h. Those contained in or related to examina- tion, operating or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions. i. Those containing geological and geophysical information and data (including maps) concer- ning wells. 11. Partial Denial. Exempt portions of a re- quested record should be deleted and the remain- ing reasonably segregable portions should be disclosed to the requester. If the meaning of the nonexempt portions is distorted by the deletions, or if the nonexempt portions indirectly reveal the exempt portions of the record, those nonexempt portions which result in the distortion or revela- tion do not need to be disclosed. a. Here, "reasonable segregation" means segregating the record by the portions that were separately evaluated under a system for designating exempt portions at the time the record was originated. (To illustrate, see how certain paragraphs in DOD ISPR 5200.1R have been designated as classified information.) b. Each deletion shall be fully justified in writing. If any part of a requested record is withheld it is considered a partial denial, and paras 13b and c apply. SECTION C-DISCLOSURE AND DENIAL AUTHORITIES 12. Disclosure Authorities. The authority to disclose records of a routine nature, such as standard publications, photographs and local reports, may be delegated to a lower level than indicated below. This level however, must be high enough to insure that releases are made by a responsible authority and according to the policy outlined here. a. Except for the types of records listed in table 2, or as specifically authorized by other Air Force directives, the following officials have authority to disclose records: (1) Chiefs of Offices at directorate or higher level at HQ USAF. (2) Commanders at major command or separate operating agency of the Air Force. This authority may be delegated to directorate or comparable level at major command head- quarters and to the level of installation, wing or comparable commanders. b. The officers and officials listed in table 2 have authority to disclose or deny the specific types of records cited, if appropriate under this regulation. 13. Denial Authorities. The authority to deny the disclosure of records to the public will not be delegated to a lower level than specified below unless approved by SAF/AA. Such request will be forwarded to HQ USAF/DA. a. Only the following officials or their designee have the authority to deny the release of records: (1) Deputy chiefs of staff and.chiefs of comparable offices or higher level at HQ USAF. (2) Commanders of major commands or of separate operating agencies of the Air Force. b. These denial authorities will, however, consult with the Staff Judge Advocate before making a determination to deny, or partially deny, a request for the disclosure of records. 14. Responsibilities of Disclosure and Denial Authorities: a. The officials who have been designated as disclosure and denial authorities (see paras 12 and 13) will: (1) Consider that a request is "received" by the Air Force when it is received by the DAD responsible for processing such requests; also within 10 days after its receipt (except Satur- days, Sundays, and legal public holidays), deter- mine whether or not to comply with the request. Failure to make a determination within the time limits, permits the requester to seek immediate judicial action. (2) Immediately notify the person making the request of this determination. If this deter- mination is adverse, notify the requester of the reason, and of the right to appeal. (See atch 4 for a sample denial letter; also see para 23, for the appeal procedure.) (3) In unusual circumstances, as outlined in para 19, notify the requester (see sample letter, atch 7) that the processing will require an administrative extension of up to 10 workdays (except Saturdays, Sundays, and legal public holidays). (4) Make a timely determination on whether to approve or deny a request. If the determination cannot be met within the time limits, notify the next highest command in writing, signed by the proper authority, and explain the reason for not complying with the time limit. Send an informa- tion copy of this notification to HQ USAF/JACL, Wash DC 20314 and HQ USAF/DAD, Wash DC 20330, together with a copy of the request. h. The official who denies a request must send a copy of the denial to HQ USAF/JACL, Wash DC 20314, together with a copy of the incoming request. The notice of denial must state the name and title or positon of the official who denied the release. SECTION D-PROCESSING REQUESTS FOR RECORDS 15. Use of Functional Address Indicator. The functional address indicator DADF will be used throughout the Air Force to designate the office responsible for processing all Freedom of Infor- mation requests for records from the public. 16. Responsibilities of the Freedom of Informa- tion Manager.. Documentation management of- ficers and documentation managers at all levels of the Air Force are designated as Freedom of Information Managers. The Freedom of Informa- tion Manager has the overall responsibility for the processing of all requests for records. 17. Responsibilities of the DAD. Within each activity, the DAD is the office of responsibility for processing requests for records. As such, it will: a. Be the focal point for: (1) Receiving and processing requests for records, as explained below (para 18). (2) Providing facilities and services for in- specting, copying, and furnishing extra copies of records. (3) Collecting fees and charges, if ap- propriate. Charge for publications and forms and for searching and duplicating records according to attachment 8. If a request is received for a publication that the AFR 0-series indicates is on sale at the Government Printing Office, inform the requester that: (a) A copy will be provided for him at the prevailing rate, if he desires; but (b) He may be able to purchase the docu- ment at a lower price from the Superintendent of Documents, US Government Printing Office, Wash DC 20402. b. Make available to the general public, the reference use of master publication libraries established under AFR 5-31. Do not charge for the use of normal library research services. (1) If the document requested is a departmental publication that has been marked "FOR OFFICIAL USE ONLY" in accordance with AFR 12-31, transfer the request to HQ USAF/DADF for a response under the policies outlined here (see especially para 19c for guidance). (2) If the document requested is a departmental publication that has not been marked "FOR OFFICIAL USE ONLY," make it available promptly, without review. AFR 12-30 19 February 1975 (3) If the publication contains copyrighted material, it may be made available for public inspection, but because the sale or copying of such publications may be restricted, refer the request to OPR for processing under AFR 110-8. c. Establish coordination and local working agreements between administrative reference libraries and other functional areas that main- tain technical, professional, and specialized types of documentation. ci. Notify the requester that the request cannot be satisfied if the record is not reasonably described. Request that, if possible, the requester send further identification. This kind of notifica- tion is not considered a denial under para 10. e. Send requests promptly and direct to other Government agencies if the requested record is in their possession. Notify the requester of the referral. If the request is for copies of material primarily concerning a member of Congress or a Congressional committee, or for transcripts of testimony given before a Congressional com- mittee, refer the requester to the member or committee involved. 18. Processing Procedures. When a request is received for disclosure of records under the Freedom of Information Act, DAD will: a. Record the date and time the request was received, and assign a suspense date to the request. b. Acknowledge receipt of request if 10 workdays or more have elapsed between the postmark date on the request and the date received, or where unusual problems are readily apparent. Acknowledgment of routine requests is not necessary. c. Refer the request to the office that has possesion of the record, and any other office that should be consulted (for example, the Staff Judge Advocate) in determining whether to disclose the record or deny the request. d. Notify the information officer, if the request asks for records that contain potentially newsworthy material, or if the request is receiv- ed from a representative of the news media. e. If the records have been retired to a records center (or other repository), take the action outlined in AFM 12-50, chap 9, and in the attachments to that directive. f. Consult with higher headquarters or other activities that have an interest in the requested material (or ask the office of primary respon- sibility to do this). For example, if the document is one that the Air Force received, it may be proper to consult the originator; conversely, if the Air Force originated the document, it may be proper to consult the recipient, in determining whether it should be released. g. If the disclosure authority determines that the Air Force may make the material available, take one of the following actions: (1) If the requester asked to inspect the record, tell him where and when it may be inspected. Inform him of the amount of the fee, if one is to be charged under atch 8. (2) If the requester asked for a copy of the record, inform him of the fee required under atch 8, and explain that DAD will furnish the copy upon payment. If the request is urgent, he may be given the copy before payment. h. If the disclosure authority is not authorized by pars 12 to deny the request, DAD should send the proposed denial directly to the proper denial authority for decision; it will include the case file and a statement of reasons for not disclosing the requested material. This referral must be given the highest priority action, because the denial authority must make this determination within the prescribed time limits. i. The denial authority makes the determina- tion to disclose or deny the request for records within the prescribed time limitations. 19. Notice of Administrative Extension. In un- usual circumstances, the FOI Manager has the authority to authorize an administrative exten- sion of the time limit for processing a request, by giving written notice to the requester, explaining the reason for the extension, and the date on which a notice of determination is expected to be dispatched. The notice will not specify a date that would be an extension of more than 10 workdays (except Saturdays, Sundays, and legal public holidays). Copies of this written notice must be sent to the next highest command with information copies to HQ USAF/JACL and DAD, Wash DC 20330. (See sample letter in atch 7.) "Unusual circumstances" means: a. The need to search for and collect the requested records from field facilities or other establishments that are separate from the in- stallation processing the request. b. The need to search for, collect, and ap- propriately examine a voluminous amount of separate and distinct records which are demand- ed in a single request. c. The need for consultation, which must be conducted with all practicable speed. (1) With another agency having a substantial interest in the determination of the request, or (2) Among two or more geographically separated installations of the Air Force having substantial subject matter interest therein. 20. Expedited Handling Required. The Air Force will give highest priority at each echelon to the handling of any request from a member of the Approved For Release 2011/09/29 : CIA-RDP90BOO170R000100040021-7 public to inspect or copy records. Each Air Force office should make every effort to avoid creating procedural obstacles and compensate for inter- nal Air Force organizational problems, for exam- ple, when a reorganization (or transfer of func- tion) contributes to an improperly directed re- quest. Specifically: a. If an office receives an improperly directed request for records, it must notify the proper DADF office immediately, and ask for instruc- tions on how to refer the request. b. All Air Force personnel must make every reasonable effort to assist requesters in directing requests for records to the proper authorities (see AFR 11-25). SECTION E-HOW THE PUBLIC SUBMITS REQUESTS FOR RECORDS 21. Identify Material Requested. Requests to inspect or obtain copies of records will he made in writing. The request should contain at least the following information: a. An identification as complete as possible of the desired material, including (if known) its title, description, its number, date, and the issuing authority. b. If the request concerns a matter of official record about civilian or military personnel, the request must identify the person as follows: first name, middle name or initial, and surname; date and place of birth: and social security account number (or Air Force service number), if known. c. A statement as to whether the requester wishes to inspect the record or obtain a copy of it. d. If the request is for information which is part of a military service record, the request may be submitted on a Standard Form 180, Request Pertaining to Military Records. Any agency may furnish copies of the SF 180 to the public to facilitate an unofficial inquiry, or may direct a nongovernmental organization to the Superintendent of Documents to purchase quan- tities of the form. 22. Addressing Requests. To expedite process- ing, requesters should address their requests as shown in table 3. In addressing correspondence concerning their request for records to any Air Force activity, requesters should use the func- tional address indicator DADF (DADF is the standard Air Force-wide symbol to identify a request for records under the Freedom of Infor- mation Act). The mandatory time limit does not begin until the request is received by the proper DADF responsible for processing the request. For matters of record concerning civilian employees currently employed by the Air Force For matters of record concerning civilian employees no longer employed by the Federal service For matters of record concerning members and former members of the Air Force, Air Force Reserve, or Air National Guard For standard publications (that is, regulations, etc., as defined in AFM 5-1) For Air Force technical, supply and engineering publications and data For major command standard (that is, administrative) publications For reports of investigation compiled by the Air Force OSI For audiovisual materials (still photographs, motion pic- tares, and audio recordings) held at USAF depositories For other records, where the location is known For other records, where the location is not known HQ USAF/IACL (thru HQ USAF/DADF) Wash DC20330;or thru DADF at the activity where the record is located. The civilian personnel officer (thru DADF) of base or activity where the civilian is employed. National Personnel Records Center, GSA (Civilian Personnel Records), Ill Winnebago St. St Louis MO 63118. See table in atch 2 on where to address these inquiries. The DADF at nearest Air Force installation (see map in atch 1), except: for the District of Columbia, to HQ USAF/DADF, Wash DC 20330; and for remainder of the Metropolitan Washington DC area, to HQ COMD/DADF, Boiling AFB, Wash DC 20332. See reference table in atch 3. HQ AFOSI/DADF, Forrestal Building, Wash DC 20314. HQ USAF (SAF/OIPL) thru AF/DADF, Wash DC 20330. The DADF where the record is located. HQ USAF/DADF, Wash DC 20330. Approved For Release 2011/09/29 : CIA-RDP90B00170R000100040021-7 AFR 12-30 19 February 1975 SECTION F-APPEALS FROM DENIALS TO MAKE RECORDS AVAILABLE 23. Filing an Appeal: a. When a request to copy or inspect a record has been denied, the requester may appeal the denial, separately in writing, to the Office of the Secretary of the Air Force, within 45 days of denial. (1) A requester will not be considered to have exhausted his administrative remedies within the Department of the Air Force unless such an appeal has been filed and a secretarial decision made on that appeal. That decision is the final Air Force action on the request. (See exception in (2) below.) (2) The requester will also be deemed to have exhausted his administrative remedies within the Air Force, if the Air Force fails to comply with the time limits prescribed here. b. The requester should address the appeal to the Office of the Secretary of the Air Force, and send it through the denial authority who denied the request. (For example, if HQAFLCdenied the request, the requester should send the appeal to the Office of the Secretary of the Air Force, through, Commander, AFLC, Wright-Patterson AFB OH 45433.) The appeal should outline the requester's arguments and reasons for submit- ting the appeal. The appeal may not be made in person, except at the discretion of the Secretary of the Air Force. c. The denial authority will send the appeal to HQ USAF/JACL promptly for processing, together with a copy of the requested record. (If the requested record is too bulky to send, describe it sufficiently to permit a proper deter- mination on the request.) If the initial time limit was extended, give the number of additional days used in making the determination. HQ USAF/JACL will either release the requested record or forward the appeal to the Office of the Secretary , SAF/AA, for final determination. d. Within 20 workdays (except Saturdays, Sundays, and legal holidays) after the appeal is received by the Office of the Secretary of the Air Force, a determination will be made on that appeal. (1) If the denial is upheld, in whole or in part, the Secretary's office will notify the requester of that determination, explain the reasons for the denial, and inform the requester of his right to a judicial review of that determination, upon com- plaint to the District Court of the United States in one of the following places: in the district where the requester resides; in the district where the requester's principal business is located; in the district where the Air Force records are situated; or in the District of Columbia. (2) If the appeal is granted, OSAF will advise the requester in writing. (3) If the final denial is based in whole or part on a security classification, the requester will be advised of his optional right to seek declassificaion of the record by the Interagency Classification Review Committee in lieu of im- mediate judicial review. OFFICIAL DAVID C. JONES, General, USAF Chief of Staff JACK R. BENSON, Colonel, USAF Director of Administration SUMMARY OF REVISED, DELETED, OR ADDED MATERIAL This revision establishes procedures to permit more rapid access to releasable information, outlines new policy on determining what is releasable under the Freedom of Information Act, as amended. It is a complete revision of the previous version of this regulation. USAF ACTIVE MAJOR INSTALLATIONS YJ4J: 94535 An 95312 IA[I1 -5tto6 -~ f AIR r 1.~. M{a \L/ .r63~ xonr A ? / / 944x6 / x?89110411, t 391 3953~r? Au Ar 92 BM Ay note 19 r?A ~ nAxu.E WAU?x All i A 6 ll / .oum _~_ a2N1 08 .r. r ? 1419. A1? 11 ~/ 'i 08 11 20239 ,AA_S - -_ o1tl66 I1~ 17 fulw A A ( f \.w. II11 /~~'p3 ~ ?`W An I.' ICHA10301.AUI ALr? 20331 9912? 1?64030 1 ) r V C 5 wxneIAN An ? 5 ..coxx Arr ? 6571 \S / /~ 'r E166 21 r II111(I _ 62 221^ 1 ALA {~ ? Al r r 73701 AIR or I A ? I nnxea r A? ? an ~ "'- SC"?-ems I r x 9R15 i ~liA --y \ ?WIJtAn52 All CAH 89HOH101 All 'i `'A uu.A:1AS? ? All h5 !AA 22 Aai52? .., tc All ;N3?21 111 /

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