The Department of the Army Freedom of Information Act …

1 army Regulation 25 55. Information Management: Records Management The Department of the army Freedom of Information Act Program Headquarters Department of the army Washington, DC. 1 November 1997. UNCLASSIFIED. SUMMARY of CHANGE. AR 25 55. The Department of the army Freedom of Information Act Program This revision-- o Incorporates the Interim Change No. I01, which expires 30 June 1996 into the baseline regulation dated 10 January 1990. Change 1 adds a reproducible copy of DA Form 4948-R. Headquarters * army Regulation 25 55. Department of the army Washington, DC.

2 1 November 1997 Effective 1 December 1997. Information Management: Records Management The Department of the army Freedom of Information Act Program (OMB's) Uniform Freedom of Information contains checklists for conducting manage- Act Fee Schedule and Guidelines and is pub- ment control reviews. lished pursuant to the Freedom of Informa- tion Reform Act of 1986 (PL 99-570, 5 USC Supplementation. Supplementation of this 552(B)); section 954 of the National Defense regulation and establishment of command Authorization Act for fiscal year 1987 (PL and local forms are prohibited without prior 99661, 10 USC 2328), as amended by the approval from HQDA (SAIS-IA-R), 107.

3 Defense Technical Corrections Act of 1987 army PENTAGON, WASH DC 20310- (PL 100-26). It includes all of DOD 0107. R dated July 1989 except for appendixes E. and F. Interim changes. Interim changes to this regulation are not official unless they are au- Applicability. This regulation applies to the thenticated by the Administrative Assistant to Active army , the army National Guard, the army Reserve, and organizations for the Seretary of the army . Users will destroy which the Department of the army is the interim changes on their expiration dates un- Executive Agent.

4 Less sooner superseded or rescinded. History. This revision was originally Proponent and exception authority. Suggested Improvements. Users are in- published on 14 April 1997. It was The proponent of this regulation is the Direc- authenticated by Togo D. West, Jr., Secretary vited to send comments and suggested im- tor of Information Systems for Command, provements on DA Form 2028. of the army . This electronic edition publishes Control, Communications, and Computers the basic April 1997 edition and incorporates (Recommended Changes to Publications and (DISC4).)

5 The DISC4 has the authority to ap- Blank Forms) or in DA Form 2028 format, if Change 1, published on 1 November 1997. It prove exceptions to this regulation that are was also authenticated by Togo D. West, Jr., they are transmitted electronically, directly to consistent with controlling law and regula- HQDA (SAIS-IA-R), 107 army PENTA- Secretary of the army . tion. The proponent may delegate the ap- Summary. This regulation updates the Free- GON, WASH DC 20310-0107. proval authority, in writing, to a division dom of Information Act Program in accord- chief within the proponent agency in the Distribution.

6 Distribution of this regulation ance with the Freedom of Information grade of colonel or the civilian equivalent. is made in accordance with initial distribution Reform Act of 1986. The Reform Act re- army management control process. number (IDN) 093276, intended for com- quired agency promulgation of regulations This regulation contains management control mand levels B,C,D,and E for Active army , specifying a uniform schedule of fees and guidelines for determining waiver or reduc- provisions in accordance with AR 11-2 and army National Guard, and army Re- tion of such fees.

7 The regulation conforms serve. with the Office of Management and Budget's Contents (Listed by paragraph and page number) Control System 1 301, page 2. Chapter I Section 4. General Provisions, page 1 Definitions, page 2. Definitions 1 400, page 2. Section 1 FOIA Request 1 401, page 3. References, page 1 Agency Record 1 402, page 3. References 1 100, page 1 DoD Component 1 403, page 3. References ( army ) 1 , page 1 Initial Denial Authority (IDA) 1 404, page 3. Appellate Authority 1 405, page 3. Section 2 Administrative Appeal 1 406, page 3. Purpose and Applicability, page 2 public Interest 1 407, page 3.

8 Purpose 1 200, page 2 Electronic Data 1 408, page 3. Applicability 1 201, page 2 Law Enforcement Investigation 1 409, page 3. Section 3 Section 5. DoD public Information , page 2 Policy, page 3. public Information 1 300, page 2 Compliance with the FOIA 1 500, page 3. Openness with the public 1 501, page 3. *This regulation supersedes AR 25-55, 10 January 1990. AR 25 55 1 November 1997 i UNCLASSIFIED. Contents Continued Avoidance of Procedural Obstacles 1 502, page 4 Disposal 4 501, page 11. Prompt Action on Requests 1 503, page 4 Unauthorized Disclosure 4 502, page 11.

9 Use of Exemptions 1 504, page 4. public Domain 1 505, page 4 Chapter V. Creating a Record 1 506, page 4 Release and Processing Procedures, page 11. Description of Requested Record 1 507, page 4. Referrals 1 508, page 5 Section 1. Authentication 1 509, page 6 General Provisions, page 11. Unified and Specified Commands 1 510, page 6 public Information 5 100, page 11. Records Management 1 511, page 6 Requests from Private Parties 5 101, page 12. Relationship Between the FOIA and the Privacy Act (PA) 1 512, Requests from Government Officials 5 102, page 14.

10 Page 6 Privileged Release to Officials 5 103, page 14. Required coordination 5 104, page 14. Chapter II. public Reading Rooms, page 6 Section 2. Initial Determinations, page 14. Section 1 Initial Denial Authority 5 200, page 14. Requirements, page 6 Reasons for Not Releasing a Record 5 201, page 16. Reading Room 2 100, page 6 Denial Tests 5 202, page 16. Material Availability 2 101, page 6 Reasonably Segregable Portions 5 203, page 16. Response to Requester 5 204, page 16. Section 2 Extension of Time 5 205, page 17. Indexes, page 6 Misdirected Requests 5 206, page 17.