[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10931]


[[Page Unknown]]

[Federal Register: May 6, 1994]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 298

 

Defense Investigative Service Freedom of Information Act Program

AGENCY: Defense Investigative Service, Defense.

ACTION: Proposed rule and request for comments.

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SUMMARY: This document is published to conform to the final rule 
published for the Department of Defense regarding implementation of the 
Freedom of Information Act Program. It addresses organizational and 
administrative changes within the Defense Investigative Service. It 
proposes changes to the agency directive which implements the Freedom 
of Information Act.

DATES: Comments are requested by July 5, 1994.

ADDRESSES: Forward comments to Defense Investigative Service, ATTN: Mr. 
Dale L. Hartig, Chief, Office of Information and Public Affairs, 1340 
Braddock Place, Alexandria, Virginia 33214-1651. FAX No. (703) 325-
6545.

FOR FURTHER INFORMATION CONTACT:
Mr. Dale L. Hartig, Chief, Office of Information and Public Affairs, 
(703) 325-5324; FAX No. (703) 325-6545.

SUPPLEMENTARY INFORMATION: It has been certified that this proposed 
rule does not exert a significant economic impact on a substantial 
number of small entities. This determination is made based upon the 
fact that the rule merely recodifies the procedural aspects of the 
Defense Investigative Service Freedom of Information Act Program, which 
includes guidance on how and from whom to request information 
pertaining to the Defense Investigative Service; it imposes no new 
requirements, rights, or benefits on small entities; and will have 
neither a beneficial nor adverse affect on small entities. Prior 
publication of this rule may be found at 53 FR 36968, September 23, 
1988. Redesignated and amended at 56 FR 58180, November 16, 1991.

List of Subjects in 32 CFR Part 298

    Freedom of information.

    Accordingly, 32 CFR part 298 is proposed to be revised to read as 
follows:

PART 298--DEFENSE INVESTIGATIVE SERVICE (DIS) FREEDOM OF 
INFORMATION ACT PROGRAM

Sec.
298.1  Purpose.
298.2  Organization.
298.3  Records maintained by DIS.
298.4  Procedure for release of DIS records.
298.5  Information requirements.

    Authority: 5 U.S.C. 552


Sec. 298.1  Purpose.

    This part states the intent of the agency regarding policy and 
procedures for the public to obtain information from the Defense 
Investigative Service (DIS) under the Freedom of Information Act 
(FOIA).


Sec. 298.2  Organization.

    (a) The DIS organization includes a Headquarters located in 
Alexandria, Virginia; four Regions and one investigative area with 
subordinate operating locations throughout the Continental United 
States (CONUS), Alaska, Hawaii, and Puerto Rico; the Defense Industrial 
Security Clearance Office (DISCO), Columbus, Ohio; the Personnel 
Investigations Center (PIC) and National Computer Center (NCC) in 
Baltimore, Maryland; Office of Industrial Security International Europe 
(OISI-E), located in Brussels, Belgium with a subordinate office in 
Mannheim, Germany; Office of Industrial Security International Far East 
(OISI-FE) located at Camp Drake, Japan; and the Department of Defense 
Security Institute, located in Richmond, Virginia.
    (b) A copy of the DIS Directory showing the addresses of all 
offices, is available to the public upon request and may be obtained by 
following the procedures outlined in Sec. 298.4. The names and duty 
addresses of DIS personnel serving overseas are not released.


Sec. 298.3  Records maintained by DIS.

    It is the policy of DIS to make publicly available all information 
which may be released under the Freedom of Information Act (FOIA), 
consistent with its other responsibilities. In implementing this 
policy, DIS follows the procedures set forth in 32 CFR part 286. DIS 
maintains the following records which may be of interest to the public:
    (a) The Defense Clearance and Investigations Index (DCII), which 
contains references to investigative records created and held by DoD 
Components. The records indexed are primarily those prepared by the 
investigative agencies of the DoD, covering criminal, fraud, 
counterintelligence, and personnel security information. This index 
also includes security clearance determinations made by the various 
components of the Department of Defense. Information in the DCII is not 
usually available to the general public, since general release would 
violate the privacy of individuals whose names are indexed therein.
    (b) Records created as required by DoD Directive 5105.42,\1\ 
``Defense Investigative Service (DA&M),'' (32 CFR part 377) including 
investigative and industrial security records.
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    \1\Copy may be obtained at cost from National Technical 
Information Service (NTIS), 5285 Port Royal, Springfield, VA 22161.
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    (c) Publications referenced in ``DIS Directives Listing'' (DIS 00-
1-L). A copy of DIS 00-1-L may be obtained upon request from the DIS 
Office of Information and Public Affairs (V0020), 1340 Braddock Place, 
Alexandria, VA 22314-1651. While this document will be provided for the 
convenience of possible users of the materials, such release does not 
constitute a determination that all or any of the publications listed 
affect the public or have been cleared for public release.


Sec. 298.4  Procedures for release of DIS records.

    (a) All requests will be submitted in writing to: Defense 
Investigative Service, Office of Information and Public Affairs 
(V0020), 1340 Braddock Place, Alexandria, Virginia 22314-1651.
    Requests directed to any agency activity (headquarters or field 
elements) will be forwarded to the Office of Information and Public 
Affairs.
    (b) All requests shall contain the following information:
    (1) As complete an identification as possible of the desired 
material including to the extent known, the title, description, and 
date. 32 CFR part 286 does not authorize ``fishing expeditions.'' In 
the event a request is not reasonably described as defined in 32 CFR 
part 286, the requester will be notified by DIS of the defect.
    (2) The request must contain the first name, middle name or 
initial, surname, date and place of birth, social security number, and, 
if applicable, military service number of the individual concerned, 
with respect to material concerning investigations of an individual.
    (3) A statement as to whether the requester wishes to inspect the 
record or obtain a copy of it.
    (4) A statement that all costs for search (in the case of ``other'' 
and ``commercial'' requesters), duplication (in the case of all 
categories of requesters), and review (in the case of ``commercial 
requesters'') will be borne by the requester even if no records, or no 
releasable records, are found, if appropriate. See 32 CFR part 286 for 
information on fees and fee waivers.
    (5) The full address (including ZIP code) of the requester.
    (c) A notarized request by an individual requesting investigative 
or other personnel records may be required to avoid the risk of 
invasion of privacy. Requesters will be notified and furnished 
appropriate forms if this requirement is deemed necessary. In lieu of a 
notarized statement, an unsworn declaration in accordance with 28 
U.S.C. 1746 may be required.
    (d) When a request is incomplete or fails to include all of the 
information required, the requester will be contacted for additional 
information prior to beginning release procedures.
    (e) DIS shall normally respond to requests within 10 working days 
after receipt by the Office of Information and Public Affairs, unless 
an extension is required and the requester is notified in writing. If a 
significant number of requests prevents responding in 10 working days, 
requests will be processed on a first-come, first-served basis to 
ensure equitable treatment to all requesters.
    (f) When the release of information has been approved, a statement 
of costs computed in accordance with the DoD Fee Schedule (32 CFR part 
286), or a statement waiving the fee, will be included in the 
notification of approval. Records approved for release will generally 
be mailed immediately following the receipt of fees. Fees may be waived 
or reduced in accordance with 32 CFR part 286. Remittances must be in 
the form of a personal check, bank draft, or postal money order. 
Remittances are to be made payable to the Treasurer of the United 
States. Certified documents may be requested for an official government 
or legal function, and will be provided at a rate established by 32 CFR 
part 286 for each authentication.
    (g) When requests are denied in whole or in part in accordance with 
32 CFR part 286, the requester will be advised of the identity of the 
official making the denial, the reason for the denial, the right of 
appeal of the decision, and the identity of the person to whom an 
appeal may be addressed.
    (h) Facilities for the review or reproduction of records following 
approval of the request or appeal are available at the Defense 
Investigative Service, Office of Information and Public Affairs, 1340 
Braddock Place, Alexandria, Virginia 22314-1651. All other transactions 
will be conducted by mail.
    (i) Appeal of Denial of DIS Records and Information:
    (1) All appeals will be submitted in writing and reach the 
following appellate authority no later than 60 days after the date of 
the initial denial letter: Director, Defense Investigative Service 
(V0000), 1340 Braddock Place, Alexandria, Virginia 22314-1651.
    (2) All appeals will contain at least the same identification of 
the records requested as the original request, and a copy of the letter 
denying the request, if available. Requesters will be given appeal 
rights when a search has been conducted and no records are located.
    (3) All appeals will be reviewed by the Director, DIS, or the 
Special Assistant to the Director, DIS. Responses to appeals normally 
shall be made within 20 working days after receipt, unless an extension 
is required and the appellant is notified. When a request is approved 
on appeal, the procedures set forth in Sec. 298.4(f) will be followed.


Sec. 298.5  Information requirements.

    The DIS Office of Information and Public Affairs is responsible for 
preparation of the annual ``Freedom of Information Act Report.'' This 
report has been assigned control symbol PA (TRA&AN) 1365. No forms or 
publications are required by this part.

    Dated: May 3, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-10931 Filed 5-5-94; 8:45 am]
BILLING CODE 5000-04-M