Records for Adjudication Hearings, Investigations, Litigation, etc.

Requests for Records Under a Privacy Act Condition of Disclosure or Routine Use

Background investigation records are Privacy Act protected records. Without the subject’s consent, these records can only be disclosed when one or more of the twelve Privacy Act Conditions of Disclosure apply; and one such condition includes the routine uses of the systems notice for the records.

These requests should be sent to the DCSA FOI/P Office for Investigations via one of the below methods:

The request may be submitted as a scanned attachment to an email. Prior to sending, please ensure the security of your e-mail system is adequate for transmitting sensitive, personally identifiable information (full name, social security number, date of birth, etc.).

  • Mailing Address

    Defense Counterintelligence and Security Agency
    FOI/P Office for Investigations
    Attention: Supervisory FOI/P Specialist
    PO Box 618
    Boyers, PA 16018

Note: For deliveries requiring a street address use: 1137 Branchton Road, Boyers, PA 16018

(878) 274-4859 (advisement: this is an unclassified fax number)

Requests for Records for Civil or Criminal Law Enforcement Activities, to Include Counterintelligence Investigations

Privacy Act Condition of Disclosure (b)(7) states: "No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought.“

If an agency requests records under subsection (b)(7), a formal request must be submitted. The following is required for a (b)(7) request: 

  • The request must be in writing, on agency letterhead. It is helpful to have the name and contact information for an agency POC in the event we have questions about your request.
  • The request must be submitted by the agency head or the head of the office/instrumentality making the request; or by another senior official with evidence that the request function has been delegated (not by the individual agent).
  • The request must specifically outline the type of information sought (e.g., background investigation records, standard forms, etc.).
  • An explanation must be provided about why the information is needed (e.g., the information is needed in connection with an ongoing criminal investigation). The subject’s full name and all available subject identifiers should be provided.
  • If your agency’s investigation is being jointly conducted with another government agency, please provide the name of that agency as well as the name of and contact information for a POC at that agency with whom you are working.

Requests for Other Purposes, Such as EEO Investigations and Hearings, Employee Relations, Research, Unemployment Compensation Matters, etc.
 

Official requests should be submitted on agency letterhead. The request should outline the specific purpose for which the records are sought, a clear identification of the records needed (e.g., background investigations, standard forms, etc.), and include as much identifying information about the subject as possible. An agency POC and contact information should also be provided in the event we have questions about the request.

Litigation Requests or Demands for Investigative Records or the Testimony of DCSA Personnel as Witnesses

Requests related to litigation or demands for background investigation records or the testimony of DCSA personnel, will be coordinated with the DCSA General Counsel, per 32 Code of Federal Regulations, Part 97: RELEASE OF OFFICIAL INFORMATION IN LITIGATION AND PRESENTATION OF WITNESS TESTIMONY BY DOD PERSONNEL (TOUHY REGULATION).
 
A litigation request or demand must describe, in writing and with specificity, the nature of the official information or witness testimony sought, its relevance to the litigation, and other pertinent details addressing the factors in Part 97.8.
 
A demand is defined as an “order or subpoena by a court of competent jurisdiction for the production or release of official information or for the presentation of witness testimony by DoD personnel at deposition or trial.”

Litigation is defined as “all pretrial (e.g., discovery), trial, and post-trial stages of existing judicial or administrative actions, hearings, investigations, or similar proceedings before a civilian court, whether foreign or domestic.” This term includes responses to discovery requests, depositions, and other pretrial proceedings, as well as responses to formal or informal requests by attorneys or others in situations involving litigation.