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INI File | 1996-05-28 | 11.4 KB | 230 lines |
- [ back in September, I filed a FOIA (Freedom of Information Act) request
- with the U.S. Air Force, seeking information on the SENIOR CITIZEN
- aircraft. Since I could find no funding for new aircraft in the fiscal
- year 1994 budget (which started the first of October 1993), this aircraft
- could be either in operational use (like the USAF did with the Stealth
- fighter) or the program has been cancelled. Here are my original letter,
- the Air Force's denial of my request, and my appeal. Copies of documents
- relating to this matter were also sent to Representative Ron Dellums,
- Senator Sam Nunn, and Nancy Menan, a key member of the National Security
- Council. Since Executive Order 12356 was cited by the USAF in their denial,
- I use it in the appeal, against the Air Force.
-
- Paul McGinnis / TRADER@cup.portal.com ]
-
- [--------------- my original FOIA request ---------------]
-
- September 27, 1993
-
-
- Freedom of Information Act Officer-USAF
- SAF/AADADF, Room 4A1088C
- The Pentagon
- Washington, DC 20330
-
- This is a request under the Freedom of Information Act. I request
- that copies of any documents summarizing or illustrating the aircraft known
- as "Senior Citizen" (1993 Defense Program Element 0401316F) be provided to me.
-
- I have been unable to locate any reference to this program in the
- National Defense Authorization Act for Fiscal Year 1994, and I believe this
- program has been cancelled.
-
- Under this FOIA request, I also request information indicating whether
- or not this aircraft was tested at the USAF facility at Groom Lake, Nevada,
- described in the aviation press and House of Representatives report 98-1046
- (98th Congress, 2nd Session, also described in H.R. 4932 for this session
- of Congress). I also request a summary of the current status of aircraft
- test programs at Groom Lake.
-
- This information is not for commercial use, but may be provided to
- various taxpayer groups or members of Congress. I request a waiver of all
- fees for this request, but I am willing to pay up to $100 in fees for this
- request.
-
- Sincerely,
-
-
- Paul McGinnis
- xxxxxxxxxxxxx
- xxxxxxxxx, CA
- xxxxx
-
-
- [--------------- the Air Force's response ---------------]
-
- Department of the Air Force
- Washington DC 20330-1000
-
- October -7, 1993
- [the date was rubber stamped. The postmark indicates that it should
- actually be October 17, 1993. Apparently, the Air Force was trying to cut
- 10 days off my appeal time]
-
- SAF/AAZ
- 1720 Air Force Pentagon
- Washington DC 20330-1720
-
- Mr. Paul McGinnis
- xxxxxxxxxxxxxxx
- xxxxxxxxxxxx, CA xxxxx
-
- Dear Mr. McGinnis:
-
- This is in response to your Freedom of Information Act (FOIA) request
- of 27 Sep. 93 for "documents summarizing or illustrating the aircraft known
- as SENIOR CITIZEN"; "whether or not this aircraft was tested at the USAF
- facility at Groom Lake, Nevada"; and "... a summary of the current status
- of aircraft test programs at Groom Lake".
-
- The information you seek is currently and properly classified under
- Executive Order 12356 in the interest of national defense and foreign
- policy and as such is exempt from disclosure to the public under the FOIA
- since disclosure could reasonably be expected to cause damage to the national
- security. There are no reasonably segregable records or portions thereof.
-
- Should you decide that an appeal to this decision is necessary, you
- must write to the Secretary of the Air Force within 60 calendar days from
- the date of this letter. Include in your appeal your reasons for
- reconsideration and attach a copy of this letter. Address your letter as
- follows:
- Secretary of the Air Force
- SAF/AAIS (FOIA)
- 1620 Air Force Pentagon
- Washington DC 20330-1620
-
-
- Sincerely,
-
- Richard Weaver
- Col., USAF
- Deputy for
- Security and
- Investigative
- Programs
- (SAF/AAZ)
-
-
- 93-1372
-
-
- [--------------- my FOIA appeal ---------------]
-
- October 28, 1993
-
-
- Secretary of the Air Force
- SAF/AAIS (FOIA)
- 1620 Air Force Pentagon
- Washington, DC 20330-1620
-
-
- This is an appeal of the denial of my Freedom of Information Act
- request dated September 27, 1993. On October 22, 1993, I received a notice
- of denial from Col. Richard L. Weaver, USAF. A copy of this denial is
- attached as well as a copy of my original request. I am appealing the Air
- Force's denial of my FOIA request for the reasons listed below.
-
-
- The denial mentions that "the information you seek is currently and
- properly classified under Executive Order 12356 in the interest of national
- defense or foreign policy." Pursuant to Executive Order 12356, there are
- several issues that I raise:
-
- - Section 1.2 of Executive Order 12356 discusses classification authority.
- Please provide the original classification authority for the materials
- covered in my FOIA request.
-
- - Section 1.4 of Executive Order 12356 discusses the duration of
- classifications. Please provide the date that the material requested will be
- declassified.
-
- - Section 1.6(a) of Executive Order 12356 states that "In no case shall
- information be classified in order to conceal violations of law, inefficiency,
- or administrative error; to prevent embarrassment to a person, organization,
- or agency." I have filed this FOIA request as an American citizen seeking
- information on spending for special access programs. Past evidence has shown
- that special access programs often hide corruption or theft. This evidence
- includes the FBI's "Operation Ill Wind", General Accounting Office
- investigations detailed in reports GAO/NSIAD-88-152 and GAO/NSIAD-89-133,
- and testimony given at the House Armed Services Committee hearings on special
- access programs, held in October,1987 (GPO document # Y 4.Ar 5/2 a:987-88/32).
- There is also the question raised that when the United States spends money on
- classified military programs, whose cost and description are hidden from
- American taxpayers, that this spending violates Article I, Section 9, Clause 7
- of the U.S. Constitution which reads, "No money shall be drawn from the
- Treasury, but in consequence of appropriations made by law; and a regular
- statement and account of the receipts and expenditures of all public money
- shall be published from time to time." Since there is no accountability to the
- American public for the SENIOR CITIZEN program I seek information on, how do
- we know that the secrecy around this program is not for national security
- purposes, but is used instead to conceal criminal activities? It should also
- be noted that Title 32 Code of Federal Regulations, sec. 806.5(a) and sec.
- 806.5(b) states, "(a) The Department of the Air Force discloses its records
- to the public, unless these records are exempt from public disclosure under
- the FOIA. Exempt records are made available when it is determined that no
- governmental interest is jeopardized by their release. (b) A record should
- not be withheld from release because it might suggest administrative error or
- inefficiency, or might otherwise embarrass the Air Force or an official of
- the Air Force."
-
- - I request a mandatory review for declassification of the material I have
- requested under Section 3.4(a) of Executive Order 12356. In the Air Force's
- letter of denial, it is stated, "There are no reasonably segregable records
- or portions thereof." Section 3.4(a) of Executive Order 12356 states "the
- request describes the document or material containing the information with
- sufficient specificity to enable the agency to locate it with a reasonable
- amount of effort." The Air Force's statement above indicates that it has
- indeed located the necessary records. Section 3.4(a) of Executive Order 12356
- also requires that the request for mandatory review for declassification be
- made by a U.S. citizen. If necessary, I am willing to supply proof that I am
- a U.S. citizen, such as copies of my passport or birth certificate.
-
-
- The Air Force secrecy about the Groom Lake facility is unwarranted. This
- facility has been described and pictured in various publications. Although
- the Air Force originally seized 89,600 acres of land surrounding the facility
- in 1984, as described in House of Representatives report 98-1046, it was still
- unable to prevent photographs such as those in the March 1993 issue of
- "Popular Science" magazine. Recently, the Air Force seized another 3,900
- acres of public land, as described on page 53745 of the Federal Register,
- October 18, 1993. The Air Force claims that it will only hold this land for 2
- years. According to H.R. report 98-1046, the Air Force was supposed to
- release the original 89,600 acres on December 31, 1987, but they still hold
- this land. The Air Force seems to believe that the Groom Lake facility should
- be kept hidden from American taxpayers, while it is regularly photographed by
- satellites from other nations. I have seen reports that an American citizen
- paid $1900 to the French company SPOT Imaging of Reston, Virginia, for high
- resolution Russian satellite photographs of the Groom Lake facility. If the
- existence of this facility is well known, and can not be concealed, why does
- the Air Force still insist on the secrecy surrounding it?
-
-
- I could find no mention of SENIOR CITIZEN in either the House or Senate
- versions of the National Defense Authorization Act for Fiscal Year 1994. This
- indicates that this aircraft is either in operational use (and no new aircraft
- have been procured) or has been cancelled. Given these scenarios, how can the
- Air Force justify the secrecy around this program? Does the Air Force intend
- to repeat its actions with the SENIOR TREND (F-117A) program, where the
- aircraft was operational for 5 years before its existence was revealed?
-
-
- The Air Force's refusal to provide any information on the requested
- subjects apparently violates the intent of President Clinton's memorandum on
- the Freedom of Information Act, dated October 4, 1993. This document was
- released electronically by the White House, and a computer print-out of this
- memorandum is attached. President Clinton states, "Openness in government is
- essential to accountability and the Act has become an integral part of that
- process." I have made my FOIA request to the Air Force, because I believe that
- the U.S. Air Force is not accountable to the American taxpayers when it
- classifies how much money it is spending and where the money is going.
-
-
- Sincerely,
-
-
- Paul McGinnis
- xxxxxxxxxxxxx
- xxxxxxxxx, CA
- xxxxx
-