Request for all review or analysis materials at DIA on Army Field Manual 2-22.3

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 23, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

I hereby request all documents or materials related to analysis or review of the Army Field Manual 2-22.3, "Human Intelligence Collector Operations," including any analysis or review of the manual's Appendix M, "Separation." By "materials," this FOIA request refers to all written papers, documents, essays, notes, computer entries, emails, presentations both paper and electronic, PowerPoint presentations, digital audio or video recordings, analogue audio or video recordings, photographs, or other media.

The relevant period of documents sought are from September 1, 2006 though June 1, 2015.

I ask that all relevant systems of record be searched, to include, non-exhaustively, the Joint Lessons Learned Information System (JLLIS), which is the DoD system of record for lessons learned; the Defense Counterintelligence Information System (DCIIS); the Counterintelligence Management Information System (CMIS) Database; and others systems or databases as the FOIA department and officials deem necessary to conduct a thorough search.

Search terms should include "Army Field Manual 2-22.3" (or FM 2-22.3); HUMINT; "Human Intelligence"; "Separation"; "interrogation"; "approaches"; "Appendix M"; "Fear Up"; "Futility"; "Ego Down"; Geneva Conventions; "Human Intelligence Collector Operations"; "HUMINT Collection Requirements"; "Center for Army Lessons Learned (CALL)"; "Joint Interrogation and Debriefing Center (JFIC)"; "Tactical HUMINT Team (THT)"; "Military Source Operations (MSO)"; and other search terms deemed appropriate, as this list in not considered exhaustive of possible search terms.

I also ask that the search include all works of analysis or review on Army Field Manual 2-22.3 done by the component, the Behavioral Science Program, Defense CI & HUMINT Center, United States Defense Intelligence Agency. In addition, the search should include all communications relevant to the Army Field Manual 2-22.3 analysis and review that took place between any DIA component and the U.S. Army Intelligence Center at Ft. Huachuca, Arizona.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jeffrey Kaye

Dear Ms. Lybbert,

Thank you for your update regarding the reference to your office of my FOIA concerning Army Field Manual 2-22.3. I was concerned from your letter that your office may misunderstand my request in the process of its being forwarded from another FOIA office/agency. I am not, for instance, seeking a copy of the Army Field Manual 2-22.3, as such copies are readily available online.

My original request stated that I sought "all documents or materials related to analysis or review of the Army Field Manual 2-22.3, 'Human Intelligence Collector Operations,' including any analysis or review of the manual's Appendix M, 'Separation.'"

I further explained that by "materials," the "FOIA request refers to all written papers, documents, essays, notes, computer entries, emails, presentations both paper and electronic, PowerPoint presentations, digital audio or video recordings, analogue audio or video recordings, photographs, or other media" involved in such analysis or review; and that the "relevant period of documents sought are from September 1, 2006 though June 1, 2015."

I hope you forgive me the possible redundancy of my sending you this, but I did not want my FOIA request to be garbled in the process of transfer through various agencies.

My best to you for the new year,
Jeffrey Kaye

Mr. Kaye,

The scope of your request involves multiple agencies within the DOD as well as other Federal agencies. Facilitating a request of this magnitude will require multiple referrals across many agencies and will take an extraordinary amount of time. An option available to you, that could reduce the response time, is to reduce the scope of the request to a single document or related documents. Please indicate your desire either to
proceed with your request as is or reduce the scope of your request.

If you choose to proceed with your request as is, the following items require clarification:

1) you have made reference to three different publications: FM 2-22.3, FM
34-5.2, ST 2-22.7. Are you requesting release of these publications or
just notes, discussion, and emails relating to these three publications?

2) You referenced several information systems: JLLIS, DCIIS, CMIS, CALL.
Our agency is not the originator or manager of those systems. This portion of your request would be forwarded to the appropriate agency to facilitate your request.

3) The wording of your request implies that that the FOIA Officer takes liberty in researching terms, documents, and systems that you are not aware of. This level of research goes beyond the scope of the FOIA. Please
specify which terms and types of documents you are requesting.

Respectfully,

Erika M. Lybbert
FOIA/PA/RCDS/FORMS/PUBS
Administrative Services Division
Fort Huachuca, AZ

Dear Ms. Lybbert,

I must apologize to you, and also to Muckrock. When my original FOIA was transferred to different agencies, I assumed around the end of last year that my original FOIA was going nowhere and decided to make a new FOIA. As a result, I believe I confused both you and your department, and Muckrock, through which I had initiated the original FOIA, and for whom I intended to write an article based on the results from the FOIA material, as I've previously noted.

For this second FOIA, dated 14 December 2015, I added in other material that had come to my attention and I thought relevant to my original FOIA on materials related to analysis and review of Army Field Manual 2-22.3 and its Appendix M. My earlier FOIA request can be accessed online at Caution-https://www.muckrock.com/foi/united-states-of-america-10/request-for-all-review-or-analysis-materials-at-dia-on-army-field-manual-2-223-18988/ < Caution-https://www.muckrock.com/foi/united-states-of-america-10/request-for-all-review-or-analysis-materials-at-dia-on-army-field-manual-2-223-18988/ >

In this latter FOIA, dated 12 August 2015, I asked for "all documents or materials related to analysis or review of the Army Field Manual 2-22.3, 'Human Intelligence Collector Operations,' including any analysis or review of the manual's Appendix M, "Separation." By "materials," this FOIA request refers to all written papers, documents, essays, notes, computer entries, emails, presentations both paper and electronic, PowerPoint presentations, digital audio or video recordings, analogue audio or video recordings, photographs, or other media.

"The relevant period of documents sought are from September 1, 2006 though June 1, 2015."

I then went on to make suggestions as to search terms and databases to be searched. I think this added unnecessary complications to the FOIA request, as did my multiple requests. Let me take this opportunity to clarify and simply the request, and ask your understanding that sometimes errors can occur.

1) As to publications FM 2-22.3, FM 34-5.2, ST 2-22.7, I do not ask release of these publications. Nor do I request any "notes, discussion, and emails relating to all three of these publications, but only FM 2-22.3. Moreover, I am only interested in "notes, discussion, and emails" that only relate to review of this material, post 1 September 2006. Such review is mandated in FM 2-22.3 itself, where on page M-3 it states, "The employment of separation requires notification, acknowledgment, and periodic review, in accordance with USD(I) Memorandum, 'Guidance for the Conduct and Oversight of Defense Human Intelligence (HUMINT)' (U)."

2) If the information systems I suggested are not under management of US Army Ft. Huachuca, then I leave it to your office to determine the correct information systems or other relevant sources for searches to meet my FOIA request. If you believe the information systems I referenced appear relevant, and you wish to forward that aspect of the request to other agencies, that is, of course, fine with me, provided that such forwarding of request delays substantially the FOIA timeline with your own agency.

3) Upon reflection, it appears my request for where and with what agencies to search is an example of over-reaching, and I would like to make this FOIA simpler for you. You may or may not use the search terms I suggested, as they seemed only logical to me. But I would ask that a search be limited in this case to he "periodic review" or notifications regarding the use of Appendix M, "Separation," as noted in 1) above. This would include any relevant material, including written papers, documents, essays, notes, computer entries, emails, PowerPoint presentations, digital audio or video recordings, analogue audio or video recordings, photographs, or other media originating with or substantially involving Army Ft. Huachuca in relation to the review of Appendix M operations or procedures. Anything else is not part of this FOIA request.

Thank you very much for your asking for clarification, and I apologize in advance for any confusion I contributed to this request.

Jeffrey Kaye, Ph.D.

Mr. Kaye,

I apologize for the delay in getting back to you. Your updated request has been forwarded to the proponent for action.

Respectfully,

Erika M. Lybbert
FOIA/PA/RCDS/FORMS/PUBS
Administrative Services Division
Fort Huachuca, AZ

Hello-
Please confirm receipt for forwarded request. Thank you.