12 FAM 080
Freedom of Information and Privacy ActS DIVISION
(DS/MGT/FOIA-PA)
(CT:DS-155; 04-19-2010)
(Office of Origin: DS/MGT/FOIA-PA)
12 FAM 081 RESPONSIBILITIES
(CT:DS-155; 04-19-2010)
a. The Freedom of Information and Privacy Acts
Division, (DS/MGT/FOIA-PA) administers the Bureau of Diplomatic Securitys (DS)
Information Access Program for the need-to-know foreign affairs and national
security and law enforcement communities in executive agencies, the Congress,
and for the public, as established by the Freedom of Information Act (FOIA),
the Privacy Act, E.O. 13526, and other applicable statutes and regulations.
DS/MGT/FOIA-PA responds to special document production requests for security
information to ensure the Bureaus compliance with discovery orders, subpoenas,
and other similarly mandated demands. DS/MGT/FOIA-PA ensures that the Bureaus
response is timely, accurate, and complete.
b. DS/MGT/FOIA-PA serves as the Bureau records liaison,
as directed by the Department, and is responsible for coordinating security
records management activities with the Bureau of Administrations Office of
Information Programs and Services (A/GIS/IPS).
c. DS/MGT/FOIA-PA formulates policies, rules, and
regulations for DS in implementing the public access provisions of the Freedom
of Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), and the
Executive Order on Classified National Security Information (E.O. 13526).
d. DS/MGT/FOIA-PA receives from the Requester Liaison
Division (A/GIS/IPS/RL) for processing all direct requests from the public and
referrals from other agencies for DS records requests made under the provisions
of the Freedom of Information Act, Privacy, and E.O. 13526. Some requests are
received and responded to directly by DS/MGT/FOIA-PA.
e. DS/MGT/FOIA-PA informs requesters in writing of the
Bureaus initial determination about whether DS records can be released and
advises requesters of the right to appeal denial of access and/or request for
amendment of record.
f. DS/MGT/FOIA-PA conducts a de novo review of
documents or information for which denials of access have been appealed and
makes recommendations to the designated appeal authority on whether to release
the documents/information or to continue to withhold the information/documents.
g. DS/MGT/FOIA-PA responds to lawsuits under FOIA and
other laws (except under Touhy regulations) in coordination with the Office of
the Legal Adviser (L) and A/GIS/IPS, as applicable, that involve submission to
the court of affidavits, depositions, interrogatories, and other legal
documents with regard to Bureau documents.
h. DS/MGT/FOIA-PA takes appropriate action to extend or
modify the classification of the Bureaus records as necessary.
i. DS/MGT/FOIA-PA processes requests for the amendment
of security information as provided under the Privacy Act and determines
whether the security record should be amended by making a change to the
documents/information by deleting or expunging the information/ documents from
the file; or by incorporating a requesters letter of explanation or
documentation provided by the requester into the security record. Also,
DS/MGT/FOIA-PA conducts reviews of appeals of refusal to amend and justifies to
the designated appeal authority the DS determination either to grant the
amendment or justify the continued denial of the amendment request.
j. DS/MGT/FOIA-PA ensures that official security
records are appropriately amended so as to be accurate, relevant, timely, and
complete, and that prior recipients of the document(s)/information are notified
of such amendment(s).
k. DS/MGT/FOIA-PA provides policy guidelines to Bureau
components on controlling information that is subject to the Privacy Act,
especially as it pertains to the collection, use, maintenance, and
dissemination of personal information.
l. DS/MGT/FOIA-PA provides guidance to DS components
making internal releases of information from DS records (e.g., grievance
actions, EEO complaints, security clearance suspensions and revocations, and
suitability cases).
m. DS/MGT/FOIA-PA processes and reviews special
requests for access to security information, such as requests for document
production coming from Congress, other agencies, or bureaus.
n. DS/MGT/FOIA-PA carries out duties as the Records
Liaison for the Bureau and coordinates the Bureaus records activities with the
Office of Information Programs and Services (A/GIS/IPS). The Bureaus Records
Coordinator is responsible for:
(1) Regularly reviewing the Bureaus records systems
and records management practices for compliance with the policies and
procedures set forth in 5 FAM 400, Records Management, and 5 FAH-4, Records
Management Handbook;
(2) Managing the Bureaus central files in conformance
with 5 FAM 400, Records Management, 5 FAH-4, Records Management Handbook, and 5
FAH-3, TAGS/Terms Handbook;
(3) Establishing guidance and procedures to assure
management that the Bureaus office files are in conformance with 5 FAM 400,
Records Management, and 5 FAH-4, Records Management Handbook;
(4) Advising Bureau components on the appropriate records
disposition schedule for Bureau and office records and developing and
submitting draft disposition schedules to A/GIS/IPS for submission to the
National Archives and Records Administration (NARA);
(5) Providing guidance to Bureau components on
electronic records management practices and policies, including planning of DS
information systems lifecycle development and coordinating that with A/GIS/IPS;
and
(6) Annually reviewing the Federal Register
Publication concerning Bureau records, STATE-36, Security Records, and updating
the publication as necessary (see 72 Fed. Reg. 73057, December 26, 2007).
12 FAM 082 THrough 089 Unassigned