INTRODUCTION

WHAT IS THE FREEDOM OF INFORMATION ACT?

HOW DO I SUBMIT A FOIA REQUEST?

WHAT DSS INFORMATION IS AVAILABLE UNDER THE FOIA?

WHAT DSS INFORMATION MAY NOT BE AVAILABLE UNDER THE FOIA?

HOW CAN I APPEAL IF DENIED ACCESS TO INFORMATION?

DOES DSS CHARGE A FEE TO OBTAIN RECORDS?

ADDITIONAL FOIA INFORMATION & ELECTRONIC READING ROOM (DSS Security Library)

INTRODUCTION

The Defense Security Service (DSS), Office of FOIA and Privacy, is located at DSS Headquarters, 1340 Braddock Place, Alexandria, Virginia 22314-1651. The program office is responsible for administering policies, programs, and procedures to ensure DSS compliance with the Freedom of Information Act and Privacy Act, 5 U.S.C. 552 and 5 U.S.C. 552a, respectively.

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WHAT IS THE FREEDOM OF INFORMATION ACT (FOIA)?

Enacted in 1966; amended in 1974, 1986, and 1996, the FOIA provides a universal right, enforceable in court, of access to Federal agency records, except to the extent that such records (or portions thereof) are protected from disclosure by one of nine FOIA exemptions or by one of three special law enforcement record exclusions.

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HOW DO I SUBMIT A FOIA REQUEST?

Individuals seeking access to DSS information under the FOIA, should address written inquiries to: Defense Security Service (DSS), Office of FOIA and Privacy, 1340 Braddock Place, Alexandria, Virginia 22314-1651. Written inquiries can also be emailed to DSS at leslie.blake@mail.dss.mil or by facsimile (FAX) to 703-325-5341, address to Leslie Blake.

Personal visits can be arranged by calling 703-325-9450. Written requests for DSS records may be made by any member of the public (U.S. or foreign citizen), an organization, or business, but not including a Federal agency or a fugitive from the law. All written inquiries for access to DSS records must reasonably describe the records being sought and the record requested must exist and be controlled by DSS at the time of the request. There is no obligation for DSS to create or compile a record to satisfy a FOIA request.

Since not all requesters are knowledgeable of the appropriate statutory authority (FOIA or PA) to cite when requesting records, the following guidelines are provided for your information:

1. Requesters who are seeking background investigation records about themselves should cite the Privacy Act and address inquiries to the DSS, Privacy Act Branch, 601 10th Street, Suite 128, Fort George G. Meade, Maryland 20755-5134. (Reference "About You" in this website)

2. Requesters who seek access to DSS records about themselves which are not background investigation affiliated (e.g., employment records) should cite the Privacy and FOIA and address inquiries to DSS, Office of FOIA and Privacy, Attn: Leslie Blake, 1340 Braddock Place, Alexandria, Virginia 22314-1651.

3. Requesters who seek access to agency Administrative/Operations materials (e.g., manuals, forms, DSS Policy, DSS Regulations, inspection reports, etc.) should cite the FOIA and address inquiries to address in item b. above.

4. Requesters who have been denied access to documents or wish to have documents amended should address inquiries to address in item c. above. (Reference appeal/amendment instructions)

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WHAT DSS INFORMATION IS AVAILABLE UNDER THE FOIA?

DSS has published in the Federal Register at: http://www.nara.gov, its procedural regulations governing access to it records under the FOIA. These regulations also address the types of records that are maintained. Material from the Register which can be accessed from this site are divided into three categories: Personnel Security, Industrial Security Security, and Education and Training. These three areas may also contain information which DSS routinely releases under the FOIA. Additional records/information as published in the Federal Register, which are not accessed via this site are not routinely released by DSS, are considered for release on a case-by-case basis, taking into consideration any information exempt from release by the FOIA or PA.

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WHAT DSS INFORMATION MAY NOT BE AVAILABLE UNDER THE FOIA?

As a general rule, the following types of DSS may possibly be withheld in whole or in part from public disclosure under the FOIA, unless otherwise prescribed by law:

1. DSS records that are properly and currently classified in the interest of national defense or foreign policy;

2. DSS records related solely to the internal personnel rules and practices of the agency or its internal Components;

3. DSS records specifically exempted from disclosure by statute (Reference DOD FOIA Home Page);

4. DSS records containing trade secrets or commercial or financial information that DSS receives from a person or organization outside the Government with the understanding that the information and/or record will be retained on a privileged or confidential basis;

5. DSS inter-agency or intra-agency communications. Example: various forms of communication between or within the agency that are deliberative in nature and are a part of a decision making process;

6. DSS personnel and medical files and/or records and similar files and/or records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and

7. DSS investigative files/records compiled for law enforcement purposes which (a) could reasonably be expected to interfere with enforcement proceedings, (b) would deprive a person of a right to a fair trial or an impartial adjudication, (c) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (d) could reasonably be expected to disclose the identity of a confidential source, (e) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, if such disclosure could reasonably be expected to risk circumvention of the law, or (f) could reasonably be expected to endanger the life or physical safety of any individual.

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HOW MAY I APPEAL IF MY FOIA REQUEST FOR INFORMATION IS DENIED?

If the DSS Office of FOIA and Privacy declines to provide a requested record because the official considers it exempt from release, that decision may be appealed by the requester in writing, to the Director, DSS, who is the appellate authority for the agency. The appeal should be accompanied by a copy of the letter denying the initial request and should also contain the primary basis of disagreement with the initial refusal. Please be aware that the Director of DSS is the final appeal authority for the agency. If the Director's decision is to deny an appeal, the requester may bring suit in the United States District Court, in the district where the requester resides, in the requester's place of business, in the district in which the record is located or in the District of Columbia.

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IS THERE A FEE CHARGED FOR OBTAINING INFORMATION UNDER THE FOIA?

In some cases, DSS will charge a fee in connection with providing information to the public. This generally occurs when we receive a request for documents for commercial use (one who seeks information for use or purpose that furthers the commercial, trade, or profit interest of the requester) or when our search time exceeds 2 hours. In accordance with the FOIA, we can also charge for duplications of documents if they exceed one hundred pages and for computer searches which exceed 2 hours.

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ADDITIONAL FOIA INFORMATION & ELECTRONIC READING ROOM (DSS Security Library).

A great deal of DSS information is already publicly available on the DSS Security Library and in the DSS Public Reading Room located at DSSHQ. For additional information concerning FOIA and DOD's implementation of the Act, please refer to DOD 5400.7-R, "DOD Freedom of Information Act Program" at: http://www.defenselink.mil/pubs/foi/. Additionally, the U.S. Department of Justice, Office of Information and Privacy website, is the Federal government's executive office for guidance on implementation of the FOIA.

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