HANGE A
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WASHINNN, DC 20301-7400 1 December 1993
DIA HAS REVIEWED ADMINISTRATION
Freedom of Information Program
DIAR 12-39, 24 March 1992, is changed in order to implement the Attorney
General's new Freedom of Information Act policy memorandum of October 4, 1993.
That memorandum rescinded the Department of Justice's 1981 guidelines under
which the Department of Justice would defend federal agencies being sued
because they withheld information requested under the Freedom of Information
Act. The Department of Justice will no longer defend an agency's decision to
withhold information merely because there is a "substantial legal basis" for
doing so. Instead, the Department of Justice will apply a presumption of
disclosure when determining whether or not to defend the agency's nondisclosure
decision. Agencies must now set out in detail for the Department of Justice,
the
anticipated harm that will be caused if the requested information is released,
and demonstrate that the anticipated harm is reasonably expected to occur.
.4. @dd thq,following paragraph after paragraph 6.g.:
h.. All DIA elements responding to FOIA requests will fo)low
DIA pr6cessiig set forth in enclosu Q'3 PFOIA-@'-
papific F, n, procedures r.,
Procossing rocedures."
11FQIA Processing Procedures."
Enclosure 3 to DIAR 12-39
DISTRIBUTION D & G
ENCLOSURE 3
ENCLOSURE 3
DIAR 12-39A
FOIA PROCESSING PROCEDURES
1. YOU MUST SEARCH ALL OFFICE FILES AND DATABASES, AUTOMATED OR MANUAL, UNDER
THE CONTROL OF YOUR ACTIVITY FOR RESPONSIVE DOCUMENTS. ALL SPECAT AND OTHER
SPECIAL COMMUNICATION CHANNELS MUST BE SEARCHED.
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2. MAKE A WRI,@TEN REC(4MER;ATION AS TO THE RELEASABILITY OF THE RESPONSIVE
DOCUMENTS LO WylW/92WHCM-F~Mft~po9l6DMqMO044-6
RELEASAILITY REVIEW.
Identify the specific FOIA or Privacy Act exemption, or if applicable, the
particular paragraph of Executive Order 12356, that permits withholding.
3. THE REVIEWER MUST RELEASE ANY PORTIONS OF THE DOCUMENT THAT CAN REASONABLY
BE
SEGREGATED FROM THE PORTIONS WHICH ARE EXEMPT FROM RELEASE.
If, however, the nonexempt material is so "inextricably intertwined" that
disclosure of it would "leave only essentially meaningless words and phrases,"
the entire sentence, paragraph, or document, as appropriate, can be withheld.
Review of the information should be such as to loan toward release of as much
data
as possible without compromising, among other things, "sources and methods."
if
material is to be withheld, there must be a "reasonably foreseeable harm" which
could result from disclosure.
4. THE REVIEWER MUST PROVIDE A WRITTEN NARRATIVE STATING SPECIFICALLY WHAT
HARM
WILL BE CAUSED IF THE REQUESTED INFORMATION IS RELEASED, AND WHY THE
ANTICIPATED
HARM CAN BE REASONABLY EXPECTED TO OCCUR.
The justification for withholding of information from documents must be
persuasive in articulating what harm will occur if the data is released. The
exemptions will be applied with "specific reference to such harm" and must be
document-specific, not boilerplate.
This narrative justification may be classified if it will aid in explaining.the
anticipated harm that would result from disclosure. The two purposes for this
narrative are to ensure that our decision to withhold information is well
founded
on need, and to serve as the basis for any sworn Declaration which the Director
may be required to.make to justify the withholding, if our claim of exemption
Is
challenged in court.
ENCLOSURE 3
5. RESPONDING ACTIVITIES MUST ENSURE ALL ACTIONS ARE COMPLETED WITHIN THEIR
ORGANIZATIONS BEFORE A RESPONSE IS FORWARDED TO PSP/FOIA.
If further review is needed by another Center or agency outside of DIA, then so
advise the FOIA Office through the cover memorandum. The FOIA Office will then
coordinate any additional reviews.
6. PROVIDE A SEARCH REPORT, COPIES OF RESPONSIVE DOCUMENTS, AND AN INDEX OF
FORWARDED DOCUMENTS TO PSP/FOIA.
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PSP/FOIA. For each document containing information recommended for
withholding, A royed For eas?
the reviewer muppalso proMe a ~OcP??/o~%iC~Op-~DcFP"9?989MWVW4t§e
rficdmme-nded portion to be removed, bracketed, and notated with the exemption
number or paragraph which supports the withholding.
The index must reference the originating activity, serial or message number,
document date, title or subject, and classification for each document. The
index should be grouped by originator, and arranged chronologically, oldest
first, within groups. The office symbol for the activity preparing the index,
and date of preparation, must be annotated on each page of the Index.
7. SEARCH REPORTS MUST BE IN WRITING AND SPECIFICALLY IDENTIFY THE FILES OR
DATABASES SEARCHED, SEARCH PARAMETERS, AND NAMES OF PERSON(S) CONDUCTING THE
SEARCH.
Negative reports are required. Oral replies will not clear the tasker.
8. TASKER WILL NOT BE CLOSED UNTIL ALL FOIA PROCESSING PROCEDURES ARE COMPLIED
WITH.
PSP/FOIA will clear responding DIA activities through the Automatic Tasking
System when all reviews within the tasked activity are completed and PSP/FOIA
receives the required documents and index, or a written statement that no
responsive documents were located.
9. AFTER MAKING THE FINAL AGENCY RELEASABILITY REVIEW, PSP/FOIA WILL PREPARE
FOR RELEASE, THOSE DOCUMENTS THAT ARE NOT BEING WITHHELD.
The FOIA Office will continue to remove classification markings from documents
to avoid mistaking the unclassified released document as still containing
classified information. In addition, the authors' names will normally be
ithheld from DIA-originated material as an internalmatt.Wof a relatively
t I
ry:0 potOre and not of genuine publi.c interest, and to protect employee,$,
4'ri 'unwarranted invasion of their personal privacy.
ENCLOSURE 3
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