(a) As used in 32 CFR Part 286a, Head of DoD Component is the Director, Defense Nuclear Agency. (b) As used in 32 CFR Part 286a, Head of DoD Activity or Element is the Commander, Field Command; or the Director, Armed Forces Radiobiology Research Institute. § 291a.4 Responsibilities. In accordance with 32 CFR Part 286a, Director, DNA, designates the Chief, Civilian Personnel Division, Personnel/ Administration Directorate as Privacy Act Officer with responsibility for serving as the principal point of contact on privacy matters and for establishing and maintaining an effective internal Privacy Program in compliance with 32 CFR Part 286a. (1) Exemption. This system of records is exempt from the following provisions of title 5, United States Code, 552a: (c) (3), (d), (e) (4) (G), (e) (4) (H), (e) (4) (I), and (f). (2) Authority. 5 U.S.C. 552a(k) (5). (3) Reasons. To protect the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to 27 September 1975, under an implied promise that the identity of the source would be held in confidence. 292.8 Filing an appeal for refusal to make This part implements the "Freedom of Information Act," (FOIA) 5 U.S.C. 552, as amended by Pub. L. 93-502, within the DIA and outline policy governing release of records to the public. § 292.2 Applicability. The provisions of this part apply to all elements of the DIA and governs the release of records of these elements. This regulation is effective as of February 19, 1975. § 292.3 Basic policy. (a) Upon receipt of a written request, the DIA will release to the public records concerning its operations and activ ities which are rightfully public information. Generally, information, other than that exempted in § 292.7, will be provided to the public. The following policy will be followed in the conduct of this program: (1) The provisions of the Freedom of Information Act (5 U.S.C. 552 as amended), as implemented by Part 286 of this chapter and this part, will be supported in both letter and spirit. (2) Requested records will be withheld only when a significant and legitimate governmental purpose is served by withholding them. Records which require protection against unauthorized release in the interest of the national defense or foreign relations of the United States will not be provided. (3) Requests from members of Congress will be governed by DoD Directive 5400.4,1 from the General Accounting Office by DoD Directive 7650.1,1 and from other agencies and courts by Part 286 of this chapter. (4) Records will not be withheld solely because their release might result in criticism of DoD or this Agency. (5) The applicability of the Freedom of Information Act depends on the existence of an "identifiable record" (5 U.S.C. 552(a) (3)). Accordingly, if DIA has no record containing information requested by a member of the public, it is under no obligation to compile information to create such a record. (6) The mission of DIA does not encompass regulatory or decisionmaking matters in the sense of a public use agency, therefore, extensive reading room material for the general public is not available, however, unclassified DIA regulations and related material have been placed in the joint reading room managed by DoD Public Affairs. (b) This basic policy is subject to the exemptions recognized in 5 U.S.C. 552(b) and discussed in § 292.7. Even where release denial is authorized by 5 U.S.C. 552(b) and § 292.7, requested records will be provided if no significant and legitimate governmental purpose served by withholding them. § 292.4 Specific policy. is (a) In determining whether documentary material qualifies as a "record," 44 1 Filed as part of original. Extra copies available from the U.S. Naval Publications and Forms Center, Attention Code 300), 5801 Tabor Avenue, Philadelphia, Pa. 19120). U.S.C., 3301 will be used as a guide. This statute, which defines the word "records" for record disposal purposes, provides that: [It] includes all books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by any agency of the United States Government under Federal Law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data contained therein. (1) Records are not limited to permanent or historical documents but include contemporaneous documents as well. (2) The term "records" does not include objects or articles such as structures, furniture, paintings, sculpture, three-dimensional models, vehicles, equipment, etc., whatever their historical value or value as "evidence." (3) Records include data stored in computers. (4) Formulae, designs, drawings, research data, computer programs, technical data packages, and so forth are not considered "records" within the Congressional intent of 5 U.S.C. 552 as amended by Pub. L. 93-502. Because of development costs, utilization, or value, these items are considered property, not preserved for informational value nor as evidence of agency functions, but as exploitable resources to be utilized in the best interest of all the public. Requests for copies of such materal shall be evaluated in accordance with policies expressly directed to the appropriate dissemination or use of such property. Requests to inspect such material to determine its content for informational purposes shall normally be granted, unless inspection is inconsistent with the obligation to protect the property value of the material, as, for example, may be true for certain formulae. (5) The term "For Official Use Only" will not prevent a record from being released. Use of this designation is for internal convenience only, and each record containing this designation should be examined for release on its own merit. (b) For a record to be considered "identifiable," it must exist at the time of the request. (c) Requesters must be reasonably specific in identifying records. DIA will make a reasonable effort to locate any records that are requested. (d) Requests for identifiable records may be denied only when the official designated in § 292.9 determines that such denial is authorized by this regulation. (e) Pursuant to 5 U.S.C. 552 (a) (3), requesters will be charged reasonable costs incurred by DIA in searching and copying records. Charges will be in accordance with § 292.6. (f) In appropriate circumstances, requests requiring special attention will be referred, by the Central Reference Division Library, DIA, to the Assistant Secretary of Defense (Public Affairs) (ASD (PA)) for review and evaluation. (g) Initial availability, releasability and cost determinations will normally be made within 10 working days of the date on which a written request for an identifiable record is received by the DIA Secretariat (FOIA). If, due to unusual circumstance, additional time is needed, a written notification of the delay will be forwarded the requester within the 10 working day period. This notification will briefly explain the circumstances for the delay and indicate the anticipated date for a substantiative response. The period of delay may not exceed 10 additional working days. § 292.5 How the public submits requests for records. (a) Requests to obtain copies of records must be made in writing. The request should contain at least the following information: (1) Reasonable identification of the desired record including (if known) title or description, date and the issuing office. (2) With respect to matters of official record concerning civilian or military personnel, the first name, middle name or initial, surname, date of birth, and social security number of the individual concerned, if known. (b) Persons desiring records should direct inquiry to: Defense Intelligence Agency § 292.6 Schedule of fees. Specific fees apply with respect to services rendered to the public. (a) In general, charges may be waived when: (1) The recipient of the benefits is engaged in a nonprofit activity designed for public safety, health or welfare. (2) Payment of the full costs or fee by state, local government or nonprofit group would not be in the interest of the program. (3) The incremental cost of collecting the fees would be an unduly large part of the receipts from the activity. (b) Normally, collection of charges and fees will be made in advance of rendering the service. In some instances, it may be more practical to collect charges and fees at the time of conveying the service or property to the recipient, but only in those instances where the request specifically states that whatever cost is involved will be acceptable or acceptable up to a specified limit that covers anticipated costs. In the absence of an agreement to pay required anticipated costs, the time for responding to a request begins on resolution of willingness to pay. (c) The schedule of fees chargeable is contained in § 292.10. (d) Fees must be paid in full prior to search and issuance of requested copies. If uncertainty as to the existence of a record, or as to the number of sheets to be copied or certified, precludes remitting the exact fee chargeable with the request, DIA will inform the requester of the exact amount required. (e) Remittances will be by personal check or bank draft on a bank in the United States or by U.S. postal money order. Remittances will be made payable to the "Treasurer of the United States" and forwarded to the address listed in § 292.5. § 292.7 Material that may be withheld from release. (a) Detailed guidelines for withholding information under exemptions contained in 5 U.S.C. 552 are published in 32 CFR 286.8, "Exemptions." (b) For example, DIA is not required to release records that fall within the categories listed below: (1) Information requiring protection in the interest of national defense or foreign policy and authorized under criteria established by Executive Order 11652 and DoD 5200.1-R' to be kept SECRET. (2) Rules, regulations, orders, manuals, directives, and instructions relating to the internal personnel rules or internal practices of DIA and those providing management guidance to the Mili 2 Filed as part of original. tary Departments and the Unified and Specified Commands. (3) Information authorized or required by statute to be withheld from the public. The authorization or requirement may be found in the statute itself or in Executive orders or regulations authorized by, or in implementation of, the statute. Examples include: (i) Documentary material referred to in 18 U.S.C. 1905-Trade and financial information provided in confidence by businesses (see paragraph (b) (4) of this section). (ii) 35 U.S.C. 181-88-Records containing information relating to inventions that are the subject of patent applications for which Patent Secrecy orders have been issued. (4) Personnel and medical files and similar files the disclosure of which constitute a clearly unwarranted invasion of personal privacy. (5) DIA will also withhold information which has been received from anyone, including an individual, a foreign nation, an international organization, a State or local government, a corporation, or any other organization, with the understanding, expressed or implied, that the information will be retained on a privileged or confidential basis under criteria contained in Executive Order 11652 and DoD 5200.1-R." (6) Exempt portions of a record may be deleted and the remaining reasonably segregable portions of the record released to the requester when the meaning of these portions is not distorted and it can be reasonably assumed that a skillful and knowledgeable person could not reconstruct the exempt information. § 292.8 Filing an appeal for refusal to make records available. (a) A requester may appeal an initial decision to withhold a record. Appeals should be addressed to: Director Defense Intelligence Agency (b) Final determination on appeals shall normally be made within 20 working days of the receipt of the appeal at the above address. If additional time is needed to decide the appeal because of unusual circumstances, the final determination may be delayed for the number of working days, not to exceed 10, which were not utilized as additional time for responding to the initial request. (c) When an appeal is denied, the requester will be apprised of the following: (1) Applicable exemptions and the significant and legitimate governmental purpose served by the denial. (2) Name, and title of position of the official responsible for the denial and of the provision for judicial review of the denial. (3) When the denial is based upon security classification, the requester shall be advised of his optional right to seek declassification of the record by the Interdepartmental Classification Review Committee established pursuant to Executive Order 11652, March 8, 1972, in lieu of immediate judicial review. § 292.9 Responsibilities. When a request for release of material is received the following will apply: (a) The Secretariat (SC): (1) Receives requests and assigns tasking. (2) Maintains appropriate suspenses and authorizes all extensions of response time. (3) Acts as the responsible official for all initial denials of access to the public. (b) The Reference Library Branch (DS-4A), Central Reference Division, Directorate for Support: (1) Acts as the responsible operating office for all Agency actions related to the Freedom of Information Act. (2) Drafts and transmits responses on: (1) The release of records and/or information. (ii) Obtaining supplemental information from the requester. (iii) Informing the requester of any fees required. (iv) The transfer to another component or agency of the initial request. (3) Fulfills the annual reporting requirement and maintains appropriate records. (4) Refers unusual or precedent-setting requirements to ASD (PA). (5) Drafts for SC: (i) Notification of an extension of response time. (ii) The denial of access to the record. (c) All DIA Elements: (1) When identified by DS-4A as the Office of Primary Interest (OPI): (i) Review records for possible public release within the time constraints assigned. |