Newsgroups: alt.conspiracy,alt.activism,misc.legal From: [e--p] at [math.zk3.dec.com] (Eric Postpischil) Subject: BATF, Disclosure Specialists Date: Tue, 7 Sep 1993 14:05:37 GMT I made a Freedom of Information Act request to the BATF about the events at Waco on February 28 and they refused. After an appeal, they sent me some press releases marked "for immediate release" and dated February 28. Gosh, our government is so wonderful. Anyway, their letters were signed by "Disclosure Specialists", so I made another request asking about Disclosures Specialists. They sent me some job descriptions, the most senior of which I have included below "in the public interest". (They gave me a fee waiver based on my intent to post the results to Usenet.) Feel free to repost this wherever you like. But they are still stonewalling; they neither sent nor refused copies of instructions given to Disclosure Specialists about what not to release, so I've written to them again to ask what happened to that part of my request. -- edp (Eric Postpischil) "Always mount a scratch monkey." [e--p] at [rusure.enet.dec.com] Disclaimer: The opinions of Digital Equipment Corporation do not reflect mine. Public key fingerprint: 8e ad 63 61 ba 0c 26 86 32 0a 7d 28 db e7 6f 75. To get PGP, FTP /computing/security/software/PGP/pgp23.zip from src.doc.ic.ac.uk. Disclosure Specialist, GS-301-13 (Disclosure Officer) Assistant Director (Congressional and Media Affairs) Disclosure Branch Introduction This position functions as a Disclosure specialist in the Disclosure Branch, Office of Congressional and Media Affairs. The Branch is responsible for administering the disclosure provisions of the Privacy Act, Freedom of Information Act and Tax Reform Act and formulating programs and policies concerning the release of information required by the Acts. Major Duties Assists the Branch Chief in overseeing and monitoring the Bureau's implementation of the Privacy Act. Identifies and analyzes program needs, determines deficiencies, develops and implements procedures/actions to resolve deficiencies, and directs or redirects established projects in order to meet program goals and achieve optimum program efficiency and effectiveness. Designs and performs studies, surveys and analyses for the purpose of assessing and evaluating the effectiveness of disclosure programs. Develops methods to improve the effectiveness of the way disclosure programs are administered, and works with the Branch Chief in developing and implementing nationwide policies and procedures concerning the release of information necessary for the successful implementation of the Acts. Develops new methods or criteria for measuring organizational effectiveness, program accomplishments, and productivity of program operations, and performs continuous appraisal of the utilization of resources in accomplishing program objectives and goals. Identifies problems and potential problems and develops innovative and viable solutions. Identifies and develops long-range program plans and operational strategies to successfully meet the goals and requirements of the disclosure laws. Makes recommendations for improving the Bureau's implementation of the Acts and the Bureau's capability to deal effectively with problems. Analyzes the most difficult, precedent-setting cases (requests for information) under the three Acts (Freedom of Information Act, Privacy Act and Tax Reform Act) which require a great deal of complex research. Applies expert knowledge and understanding of the Acts, thorough understanding of the significance of the disclosure of information to the sensitivity of ongoing operations, and comprehensive knowledge of Bureau operations, programs and situations which may have bearing on the sensitivity of the information, in making determinations as to the relevant portions of documents which should and should not be released for public information. Prepares reports to justify decisions and defend the position of ATF on sensitive or controversial disclosure issues which may have widespread impact on Bureau operations, investigations, businesses, industries, etc. Analyzes decisions made pertaining to the disclosure of information and determines whether r not other Bureau offices need to be informed of said decisions, i.e., if situations in other offices also apply. Keeps Bureau officials informed to the extent necessary to fully carry out the requirements of the Acts. As a recognized expert in disclosure programs, functions as a liaison with other Federal, State and local agencies with the goal of establishing uniformity within all Treasury Enforcement Communication System (TECS) users on the disclosure of ATF information, and ensuring that ATF records are not released without first consulting ATF. This is necessary to ensure that the Bureau's missions (e.g., investigations, inspections) are not compromised. Evaluates new or modified legislation for projected impact on the Bureau's disclosure programs and translates legislation into program goals. Advises management on critical program concerns and possible solutions from a long-range planning standpoint. Coordinates with the Training Division on Bureau training relating to the disclosure provisions of the Privacy Act. Prepares course material and instructs courses when necessary. Factor 1, Knowledge Required by the Position Expert knowledge of field of disclosure operations; expert knowledge of the Freedom of Information Act, Privacy Act and Tax Reform Act; comprehensive knowledge of Federal and State laws governing or impacting disclosure programs; comprehensive knowledge of the Bureau's missions and the functional responsibilities and operational activities and programs of each directorate; thorough understanding of the significance of the disclosure of information to the sensitivity of ongoing Bureau operations; an excellent understanding of the types of records maintained by each office; and a keen awareness of the attitudes/philosophies of Bureau directorate officials concerning disclosure issues. These knowledges are required to monitor the Bureau's implementation of the Privacy Act; evaluate the effectiveness of disclosure programs; make recommendations for improved program effectiveness; identify problems and develop effective solutions; identify and develop long-range program plans and operational strategies; develop nationwide policies and procedures; make determinations regarding the release of information in the most difficult, precedent-setting cases; etc. High degree of knowledge and skill in the application of analytical and evaluative methods and techniques and mastery of management and organizational principles and practices in order to assess the effectiveness of disclosure programs and make recommendations for improved program effectiveness. Must possess a high degree of analytical ability and sound judgment, and must have the ability to gather, assemble and analyze data and draw conclusions. This is necessary to complete complex research and studies used in the development of long-range program planning and in the development of new methods for improved program effectiveness. Must be able to successfully analyze the results of the research and studies and make recommendations based on the results. Must have the ability to exercise ingenuity and inventiveness in devising innovative, viable solutions to problems, and the ability and foresight to identify potential problems. Comprehensive knowledge concerning document control and security measures within the Bureau and Department of the Treasury in order to insure against the release of any investigative information that would endanger pending prosecution, the orderly and safe operation of the Bureau, or endanger the lives or physical well being of law enforcement personnel and confidential informants. Comprehensive, indepth [sic] knowledge of legal reference sources in agency manuals, reference systems, directives, issuances, precedent decisions, court decisions, and commercial legal publications in order to perform extensive and thorough legal research into legislative history, precedent cases, decisions, and opinions that may be applicable or relevant to disclosure issues in order to make final decisions as to what information can be lawfully released or withheld. Skill in interpreting complex legislation in order to asses the impact on disclosure programs and to effectively advise management on critical concerns and possible solutions from a long-range planning standpoint. Excellent communications skills in order to negotiate effectively with management to accept and implement recommendations for improved program effectiveness, and to effectively perform liaison functions. Skill in dealing with high-level officials of the Bureau, Treasury, and other Federal and State agencies on sensitive and complex disclosure matters in order to reconcile interests and needs tactfully and harmoniously. Factor 2, Supervisory Controls The incumbent reports to the Chief, Disclosure Branch. The supervisor provides a framework of policies, priorities and overall objectives within which the incumbent and the supervisor develop the issues to be resolved, scope of work projects, and deadlines for completion. Within these parameters, the incumbent is responsible for planning and organizing work, and coordinating and conducting all phases of assigned projects. This frequently involves the definitive interpretation of laws and regulations, conducting necessary analyses. The incumbent informs the supervisor of potentially controversial findings, issues or problems with widespread impact. Factor 3, Guidelines A high degree of initiative and judgment is exercised in interpreting, adapting and applying broad, general guidelines to unique circumstances without referring questions to others. The incumbent relies on his/her's extensive experience in determining the applicability of guidelines in conflicting cases, precedent cases, etc. Analytical interpretations of complex statutory language and court decisions are often necessary in order to enhance application of broad regulations when varying factors are present. Within the context of broad regulatory guidelines, the incumbent develops or refines more specific operating guidelines and procedures. Factor 4, Complexity The incumbent's work involves program assessment and evaluation, nationwide policy development, long-range program planning, development of operational strategies, and other program-related functions. The work involves identifying problems and developing innovative, viable solutions and coping with issues which directly affect the accomplishment of principal program goals. The incumbent develops recommendations for improving the Bureau's implementation of the Acts and the Bureau's capability to deal effectively with problems. When sensitive issues are being reviewed, the incumbent must carefully coordinate disclosure activities so that the missions of ATF, businesses, industries and the general public are protected and, at the same time, ensure that the Bureau is in compliance with the Acts. In the performance of the work, consideration must be given to the sensitivity of the information, the potential for harm, the intricate balancing of the public's right to know against an individuals right to privacy, health and safety factors, and the ability of the Bureau to continue collecting information from voluntary sources in the future. A high degree of experienced judgment is exercised in resolving problems and developing plans, programs and new techniques to meet the goals and requirements of the disclosure laws, and identifying proper methods, as well as refining existing methods and developing new methods, to effectively accomplish program objectives and goals. The work requires extensive and detailed planning; analysis of both qualitative and quantitative data gathered from a variety of sources; the interpretation of complex legislation; and the development of methods used for measuring organizational effectiveness and productivity of program operations. The incumbent is required to identify and analyze program needs; develop plans for the effective utilization of resources in accomplishing program objectives and goals; anticipate potential problems; and develop innovative and valid recommendations to resolve problems and improve the effectiveness and efficiency of program operations. Factor 5, Scope and Effect The purpose of the work is to oversee and monitor the Bureau's implementation of the Privacy Act, evaluate Bureau disclosure programs and make recommendations for improved program effectiveness. The work involves the development of long-range plans, nationwide policies and procedures, and the identification and resolution of problems pertaining to program operations. The incumbent's decisions/recommendations will frequently influence policy at ATF on a nationwide basis (e.g., decisions will determine what ATF's disclosure position/policy is in a variety of situations encountered throughout the Bureau). Recommendations made by the incumbent could result in a significant savings of processing time and the reduction of fees, as the incumbent's work will allow for the elimination of time-wasting steps, improve the efficiency of disclosure program operations, and eliminate some of the burden placed on ATF of processing information requests by narrowing the scope of initial requests. Training provided by the incumbent may impact on the way agents/inspectors write reports, so as to better comply with disclosure laws and increase the efficiency of the Bureau's disclosure programs. The administration of the ATF disclosure provisions includes the control and disclosure of highly confidential and sensitive information relating to investigations, inspections, special intelligence enforcement programs and industrial transactions. The incumbent's work ensures against the release of investigative information that would endanger pending prosecution, the orderly and safe operation of the Bureau, or endanger the lives or physical well being of law enforcement personnel. The work encompasses every record created by the Bureau and requires an extensive degree of technical expertise, decision-making initiative and planning to ensure that vital missions are not compromised, internal and external relationships are not jeopardized, individual rights are protected, and that the Bureau fulfills its statutory requirements by complying with the provisions of the disclosure laws. Factor 6, Personal Contacts Contacts are with management officials, other Federal, State and local agencies, the general public, businesses, attorneys, Federal offenders and former offenders. Further contacts are made with Congressional staff members, the Department of Justice, and State and local law enforcement officials. Factor 7, Purpose of Contacts Contacts are made to persuade management officials to accept and implement findings and recommendations for improved program effectiveness; to justify and defend the Bureau's position on complex, sensitive disclosure matters; to provide information and expert advise on statutes, regulations and policy; to explain provisions of the Acts; to negotiate the release of information required by the Acts; to obtain the cooperation of other agencies regarding the disclosure of ATF information through TECS; and to resolve matters often involving controversial disclosure issues. Factor 8, Physical Requirements The work is mostly sedentary; however, mobility between offices is necessary. Carrying light items such as papers, files, etc., is required, but no special physical abilities are needed to perform the work. Moderate travel is required for instructing purposes. Factor 9, Work Environment The work is performed in an office setting.