[Federal Register Volume 64, Number 102 (Thursday, May 27, 1999)]
[Proposed Rules]
[Pages 28773-28775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13442]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 287


Defense Information Systems Agency (DISA) Freedom of Information 
Act (FOIA) Program

AGENCY: Department of Defense.

ACTION: Proposed rule.

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SUMMARY: This proposed rule provides guidance on the implementation of 
the FOIA program within the Defense Information and the Office of the 
Manager National Communications System. It was written to comply with 
the Electronic FOIA Amendments of 1996.

DATES: Comments must be received by July 26, 1999.

ADDRESSES: Forward comments to the Defense Information Systems Agency, 
Attention: RGC (FOIA Officer), 701 South Courthouse Road, Arlington, VA 
22204.

FOR FURTHER INFORMATION CONTACT: Ms. Robin M. Berger, 703-607-6515.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that 32 CFR part 287 is not a significant 
regulatory action. The rule does not:
    (1) Have an annual effect of the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.
    This part would provide guidance on the implementation of the 
Freedom of Information Act Program within the Defense Information 
Systems Agency and the Office of the Manager, National Communications 
System (OMNCS). It was written to comply with the Freedom of 
Information Act, as amended by the Electric Freedom of Information Act 
amendments of 1996.

Public Law 96-51 1, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 
35)

    It has been certified that this part does not impose any reporting 
or recordkeeping requirements under the Paperwork Reduction Act of 
1995.

List of Subjects in 32 CFR Part 287

    Freedom of information.

    Accordingly, 32 CFR part 287 is revised to read as follows:

PART 287--DEFENSE INFORMATION SYSTEMS AGENCY (DISA) FREEDOM OF 
INFORMATION ACT PROGRAM

Sec.
287.1  Purpose.
287.2  Applicability.
287.3  Authority.
287.4  Duties of the FOIA officer.
287.5  Responsibilities.
287.6  Duties of the DITCO and the DTIC FOIA officers.
287.7  Fees.
287.8  Appeal rights.

[[Page 28774]]

287.9  Reports.
287.10  Questions.
287.11  ``For Official Use Only'' records.

    Authority: 5 U.S.C. 552.


Sec. 287.1  Purpose.

    This part assigns responsibilities for the Freedom of Information 
Act (FOIA) Program for DISA.


Sec. 287.2  Applicability.

    This part applies to DISA and the Office of the Manager, National 
Communications System (OMNCS).


Sec. 287.3  Authority.

    This part is published in accordance with the authority contained 
in 32 CFR part 286. It supplements 32 CFR part 286 to accommodate 
specific requirements of the DISA FOIA Program. However, 32 CFR part 
286 takes precedence and shall be used for all issues not covered by 
this part.


Sec. 287.4  Duties of the FOIA officer.

    The DISA FOIA Officer, located at DISA Headquarters, 701 S. 
Courthouse Road, Arlington, Virginia, is vested with the authority, 
within DISA, to release documentation for all requests of Agency 
records received by DISA directorates and field activities. The DISA 
FOIA Officer will:
    (a) Make the materials described in paragraph C2.1. of DoD 5400.7-R 
available for public inspection and reproduction. A current index of 
this material will be maintained in accordance with paragraph C2.2 of 
DoD 5400.7-R.
    (b) Establish education and training programs for all DISA 
employees who contribute to the DISA FOIA Program.
    (c) Respond to all requests for records from private persons IAW 
DoD 5400.7-R whether the requests are received directly by DISA 
Headquarters or by DISA field activities. Coordinate proposed releases 
with the General Counsel in any case in which the release is, or may 
be, controversial. Coordinate all proposed denials with the General 
Counsel.
    (d) Be the DISA principal point of contact for coordination with 
the Directorate for Freedom of Information and Security Review 
(DFOISR), Washington Headquarters Services reference FOIA issues.
    (e) Ensure the cooperation of DISA with DFOISR in fulfilling the 
responsibilities of monitoring the FOIA Program.
    (f) Coordinate cases of significance with DFOISR, after 
coordination with the General Counsel and with the approval of the 
Chief of Staff, when the issues raised are unusual, precedent setting, 
or otherwise require special attention or guidance.
    (g) Advise DFOISR prior to the denial of a request or prior to an 
appeal when two or more DOD components are affected by the request for 
a particular record or when circumstances suggest a potential public 
controversy.
    (h) Ensure completion of the annual reporting requirement contained 
in DoD 5400.7-R.


287.5  Responsibilities.

    (a) Deputy Directors, Headquarters DISA; Commanders and Chiefs of 
DISA Field Activities; and the Deputy Manager, NCS. These individuals 
will furnish the FOIA Officer, when requested, with DISA documentary 
material, which qualifies as a record IAW DoD 5400.7-R, for the purpose 
of responding to FOIA requests.
    (b) Chief of Staff. The Chief of Staff will, on behalf of the 
Director, DISA, respond to the corrective or disciplinary action 
recommended by the Merit Systems Protection Board for arbitrary or 
capricious withholding of records requested, pursuant to the Freedom of 
Information Act, by military members or civilian employees of DISA. 
(This will be coordinated with the General Counsel.)
    (c) General Counsel. The General Counsel or, in his or her absence, 
the Deputy General Counsel, is vested with the authority to deny, in 
whole or in part, a FOIA request received by DISA. The General Counsel 
will:
    (1) Make the decision to deny a record in whole or in part; to deny 
a fee category claim; to deny a request for waiver or reduction in 
fees; to deny a request to review an initial fee estimate; to deny a 
request for expedited processing; or to confirm that no records were 
located during the initial search IAW 5 U.S.C. 552, as supplemented by 
the guidance provided in DoD 5400.7-R.
    (2) Inform the person denied the basis for the denial of the 
request and of his or her right to appeal the decision to the Director, 
DISA, via written correspondence.
    (3) Review any appeal the public may consider adverse in nature and 
ensure that the basis for the determination by the Director, DISA, be 
in writing, state the reasons for the denial, and inform the requester 
of his or her right to a judicial review in the appropriate U.S. 
District Court.
    (4) Arrange for the publication of this part in the Federal 
Register.
    (d) Chief, Legal Counsel, Defense Information Technology 
Contracting Organization (DITCO). The Chief Legal Counsel, DITCO, or, 
in his or her absence, the Deputy Legal Counsel, DITCO, is vested with 
same authority and responsibilities, for DITCO, as stated in paragraph 
(c) of this section.
    (e) Administrator, Defense Technical Information Center (DTIC). The 
Administrator, DTIC, is vested with the same authority and 
responsibilities, for DTIC, as stated in paragraph (c) of this section.


Sec. 287.6  Duties of the DITCO and the DTIC FOIA officers.

    (a) DITCO FOIA officer. The DITCO FOIA Officer, located at 2300 
East Drive, Scott AFB, IL 62225, is vested with the authority, within 
DITCO, to release documentation for all requests of records received by 
DITCO and its field activities, as stated in Sec. 287.4(a), (b), and 
(c) and assist the DISA FOIA officer in carrying out the duties stated 
in Sec. 287.4 (d) and (h).
    (b) DTIC FOIA officer. The DTIC FOIA Officer, located at 8725 John 
J. Kingman Road, Suite 0944, Ft. Belvoir, VA 22060, is vested with the 
authority, within DTIC, to release documentation for all requests of 
records within DTIC, as stated in Sec. 287.4 (a), (b), and (c) and 
assist the DISA FOIA officer in carrying out the duties stated in 
Sec. 287.4 (d) and (h).


Sec. 287.7  Fees.

    Fees charged to the requester are contained in DoD 5400.7-R.


Sec. 287.8  Appeal rights.

    All appeals should be addressed to the Director, DISA, and be 
postmarked no later than 60 days after the date of the initial denial 
letter.


Sec. 287.8  Appeal rights.

    All appeals should be addressed to the Director, DISA, and be 
postmarked no later than 60 days after the date of the initial denial 
letter.


Sec. 287.9  Reports.

    An annual report will be furnished to the FOIA officer by the field 
activities by 15 October IAW DoD 5400.7-R.


Sec. 287.10  Questions.

    Questions on both the substance and procedures of FOIA and the DISA 
implementation thereof should be addressed to the FOIA Officer by the 
most expeditious means possible, including telephone calls, faxes, and 
electronic mail. FOIA requests should be addressed as follows: Defense 
Information Systems Agency, 701 S. Courthouse Road, Arlington, VA 
22204-2199, Attn: RGC. Calls should be made to (703) 607-6515. Faxed 
requests should be addressed to the FOIA Officer at (703) 607-4344. 
Electronic mail

[[Page 28775]]

requests should be addressed to [email protected].


Sec. 287.11  ``For Official Use Only'' records.

    The designation ``For Official Use Only'' will be applied to 
documents and other material only as authorized by DoD 5400.7-R and DoD 
5200.1-R, Information Security Program.

    Dated: May 21, 1999.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 99-13442 Filed 5-26-99; 8:45 am]
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