Freedom of Information Act; implementation: Defense Information Systems Agency and Office of Manager, National Communications System,
[Federal Register: May 27, 1999 (Volume 64, Number 102)]
[Proposed Rules]
[Page 28773-28775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my99-23]
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.
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 bergerr@ncr.disa.mil.
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. 99-13442Filed5-26-99; 8:45 am]
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