PUBLIC ACCESS TO DOCUMENTS AND RECORDS AND DECLASSIFICATION REQUESTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89G00643R001000080048-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 48
• Document Creation Date: December 23, 2016
• Document Release Date: November 29, 2012
• Sequence Number: 48
• Publication Date: November 22, 1987
• Content Type: REGULATION

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STAT
STAT
DRAFT
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Revised FOIA Regulation for Publication in CFR ,
i
FROM:
EXTENSION
NO :0/.1 : ?:"'' I
? Y?"--XI
DATE
23 November 1987
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
Information & Privacy Coordinator
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
INITIALS
RECEIVED
FORWARDED
DD14JA
z-,

Attached
revised
publication
Federal
This
follows
"Proposed
ago.
of the
Information
changes
fee
this
entire
include
of benefit
Although
have
the
Rule",
final
In light
we would
DDA
and
later
for your review is the
CIA FOIA Regulation for
in the Code of
Regulations (CFR).
is the "Final Rule" and
the promulgation of our
Rule" some months
This was required in light
passage of the Freedom of
Reform Act of 1986
which made substantial
in the area of fees and
waivers. We have also taken
opportunity to revise the
regulation in order to
a number of provisions
to the Agency.
many of the addressees
reviewed and approved of
draft version of this "Final
we would appreciate your
inspection and advice.
of pending litigation,
plan to submit this
for signature by the
no later than 30 November
to submit for publication no
than 2 December 1987.
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FORM
1-79
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DRAFT
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Billing Code 6310-02-M
CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1900
Public Access to Documents andlecords and Declassification Requests
AGENCY: Central Intelligence Agency
ACTION: Final rule.
SUMMARY: Part 1900 of Title 32 CFR was last published in full text in the
Federal Register on 12 January 1983 (Vol. 48, No. 8, P. 1293). Since then,
there have been several substantive amendments and more recently proposed
amendments affecting those portions of the regulation relating to fees as
Jrequired by the Freedom of Information Reform Act (FOIRA) of 1986. For the
benefit of the public, Part 1900 is being republished with all current
amendments and revisions, including a number of grammatical changes as well as
technical and/or administrative changes to clarify or more accurately reflect
applicable procedures.
EFFECTIVE DATE.
. [insert date of publication]
FOR FURTHER INFORMATION CONTACT:
Lee S. Strickland
Information and Privacy Coordinator
Central Intelligence Agency
Washington D.C. 20505
Telephone: [phone]
SUPPLEMENTARY INFORMATION: The policies and procedures of the Central
Intelligence Agency (CIA or Agency) for handling requests for CIA records
under the Freedom of Information Act (FOIA) are published in 32 C.F.R. Part
1900. This final rule, in part, hereby amends those portions of the
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regulation concerned with fees charged for records services in response to
FOIA requests to be consistent with the provisions .of the FOIRA and is issued
subsequent to formal public notice and comment. During the comment period,
written comments were received from a number of individual journalists and
organizations. These comments were generally critical of the OMB and
Department of Justice guidelines on fee regulations under FOIRA which were
considered by the Agency in adopting these regulations. For example, the
definitions in the proposed regulations of "commercial use", "representative
of the news media", "educational institution", and "freelance journalist" were
argued to be too restrictive. Ip addition, the fee waiver guidelines were
also argued to be too restricttve. The comments were duly considered in
drafting the final rule published herein. To accomplish the purposes of the
FOIRA it will be necessary to modify ??1900.3 (Definitions) and 1900.25 (Fees
for Records Services). The amended fee schedule reflects recommended
adjustments for agency-wide charges that are permitted by law and the
remaining charges are based on the government-wide schedule. The increases in
fee schedule charges more accurately reflect current, direct costs. In
addition, the FOIRA specifies two basic requirements for qualification for a
waiver or reduction of chargeable fees. This amendment also sets forth the
factors which will be used in making such determinations.
This final rule also amends the remaining sections of Part 1900 by
incorporating into the regulation a number of grammatical changes as well as a
number of technical and/or administrative changes to clarify or reflect more
accurately applicable procedures and practices. It has been determined that
invitation of public comment on these changes to the Agency's implementing
regulations prior to adoption would be impracticable and unnecessary, and it
is therefore not required under the public rulemaking provisions of the
Administrative Procedures Act, 5 U.S.C. ?553. Interested persons, however,
are invited to comment in writing on these changes. All written comments
received will be considered in making subsequent amendments or revisions to
these regulations. Changes may be initiated on the basis of comments
received. Written comments should be addressed to Lee S. Strickland,
Information and Privacy Coordinator, Central Intelligence Agency, Washington,
D.C. 20505.
Lastly, it has been determined that this final rule is not a "major rule" -
within the criteria specified in section 1(b) of Executive Order 12291 and
does not have substantial impact on the public. In addition, this rule does
not contain a collection of information for purposes of the Paperwork
Reduction Act.
LIST OF SUBJECTS IN 32 CFR PART 1900:
Freedom of Information
Accordingly, 32 CFR Part 1900 in its entirety is revised and reads as
follows.
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?
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PART 1900-PUBLIC ACCESS TO DOCUMENTS AND RECORDS AND DECLASSIFICATION REQUESTS
General
?1900.1
?1900.3
?1900.5
Purpose and authority.
Definitions.
Organization; requests and submittals.
Requesting Records
?1900.11 Freedom of information communications requirements as to form.
?1900.21 Identification of persons requesting information under the
provisions of Executive Order 12356.
?1900.23 Pre?request option: estimates of charges.
?1900.25 Fees for records services.
Processing Freedom of Information Communications
?1900.31 Screening communications.
?1900.33 Processing expressions on interest.
?1900.35 Processing requests for records.
Actions On Requests
?1900.41 Searching for requested records.
?1900.43 Reviewing records.
?1900.45 Expeditious action; extension of time.
?1900.47 Allocation of manpower and resources; agreed extension of time.
?1900.49 Notification and payment; furnishing records.
Appeals
?1900.51 Appeal to CIA Information Review Committee.
Miscellaneous
?1900.61 Access for historical research.
?1900.63 Suggestions and complaints.
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AUTHORITY: National Security Act of 1947, as amended; Central Intelligence
Agency Act of 1949, as amended; Freedom of Information Act, as amended; CIA
Information Act of 1984; and Executive Order 12356.
General
01900.1 Purpose and authority.
This part is issued under the authority of and in order to implement:
?102 of the National Security Act of 1947, as amended (50 U.S.C. ?403); the
Central Intelligence Agency Act of 1949, as amended (50 U.S.C. ?403a et ag.);
the Freedom of Information Act, as amended (5 U.S.C. ?552); the CIA
Information Act of 1984 (50 U.S.C. ?431); and Executive Order 12356 (3 CFR
2 April 1982) It prescribes procedures for:
(a) Requesting records pursuant to the Freedom of Information Act;
(b) Requesting the declassification of documents pursuant to Executive
Order 12356;
(c) Filing an administrative appeal of a denial of a mandatory review
request under Executive Order 12356 or an initial request under the Freedom of
Information Act;
and
(d) The prompt and expeditious processing of such requests and appeals;
(e) Requesting estimates and advice prior to actually requesting records,
thus affording protection against unanticipated fees.
This part is also designed to assist Central Intelligence Agency
management at all appropriate echelons to allocate resources to perform the
functions, duties and responsibilities of the Central Intelligence Agency
prescribed by and pursuant to law, including in particular those situations
where it is deemed necessary to choose among conflicting requirements, duties
and responsibilities.
1900.3 Definitions.
For the purpose of this part, the following terms have the meanings'
indicated:
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?
(a) "Agency" includes any executive department, military department or
other establishment or entity included in the definition of agency in
subsection 552(e) of Title 5 of the United States Code;
(b) "Coordinator" means the Central Intelligence Agency Information and
Privacy Coordinator;
(c) "Expression of interest" means a written communication submitted by a
potential requester pursuant to ?1900.23 to indicate an interest in requesting
records;
(d) "Freedom of Information Act" means ?552 of Title 5 of the United
States Code, as amended;
(e) "Executive Order" means Executive Order 12356 (3 CFR 2 April 1982);
(f) "Potential requester" means a person, organization or other entity
who submits an expression of interest in accordance with ?1900.23;
(g) "Records," with reference to records of the Central Intelligence
Agency, includes all papers, maps, photographs, machine readable records, and
other documentary materials regardless of physical form or characteristics
made or received by the Central Intelligence Agency in pursuance of federal
law or in connection with the transaction of public business and appropriate
for preservation by the Central Intelligence Agency as evidence of the
organization, functions, policies, decisions, procedures, operations or other
activities of the Agency or because of the informational value of data
contained therein. But the term does not include:
(1) Index, filing and museum documents made or acquired and
preserved solely for reference, indexing, filing or exhibition
purposes;
(2) Routing and transmittal sheets and notes and filing
instructions and notes which do not also include information,
comment or statement of substance or policy;
(3) Books, newspapers, magazines, and similar publications and
clippings and excerpts from any such publications;
(4) Records not originated by the CIA and subject to the
continued control of the originator (such records will be referred
to the originator for a disposition pursuant to ?1900.43).
(h) "Records of interest" means records which are responsive to
expression of interest or of a request;
(i) "Work days" means calendar days other than Saturdays and Sundays and
legal public holidays.
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(j) "Direct costs" means those expenditures which an agency actually
incurs in searching for and duplicating (and reviewing in the case of
commercial requesters) documents to respond to a FOIA request. Direct costs
include, for example, the current salary of the employee performing work (the
basic rate of pay for the employee plus 16 percent of that rate to cover
benefits) and the cost of operating duplicating machinery. Not included in
direct costs are overhead expenses such as costs of space and heating or
lighting the facility in which the records are stored.
(k) "Search" includes all,time spent looking for material that is
responsive to a request, including page-by-page or line-by-line identification
of material within documents. Efforts will be made to ensure that search for
material is done in the most efficient and least expensive manner so as to
minimize costs for both the Agency and the requester. "Search" for the
purpose of determining whether a document is responsive is distinguishable
from "review" where the objective is to determine whether any of the
responsive material is exempt from disclosure. Searches may be done manually
or by computer using existing programming.
(1) "Duplication" refers to the process of making a copy of a. document
necessary to respond to an FOIA request. Such copies can take the form of
paper copy, microform, audio-visual materials, or machine readable
documentation (e.g., magnetic tape or disk) among others. The copy provided
must be in a form that is reasonably usable by requesters.
(m) "Review" refers to the process of examining documents located in
response to a request that is for a commercial use (see subparagraph (n),
infra) to determine whether any portion of any document located is permitted
to be withheld. It also includes processing any documents for disclosure
(e.g., doing all that is necessary to remove or obliterate any material which
is exempt from disclosure and otherwise preparing them for release). Review
does not include time spent resolving general legal or policy issues regarding
the application of exemptions.
(n) "Commercial use request" refers to a request in which the disclosure
sought is primarily in the commercial interest of the requester. It is a
request from or on behalf of one who seeks information primarily for the use
or purpose that furthers the commercial, trade, or profit interests of the
requester or person on whose behalf the request is made. In determining
whether a requester is properly included in this category, the Agency will
consider and may draw reasonable inferences from the identity and activities
of the requester as well as the use to which the requester will put the
documents requested.
(o) "Educational institution" refers to an United States preschool,
public or private elementary or secondary school, an institution of graduate
higher education, an institution of undergraduate higher education, an
institution of professional education and an institution of vocational
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?
education which operates a degree-granting, accredited program or programs of
scholarly research in recognized fields of study. . The criteria to be met to
be included in this category, for the purposes of fee waivers, are not
satisfied simply by showing that the request is for a library or other records
repository. Such requests, like those of other requesters, will be analyzed
to identify the particular person who will actually use the requested
information in a scholarly or other analytic work and then disseminate it to
the general public.
(p) "Non-commercial scientific institution" refers to an institution in
the United States that is not-operated on a "commercial" basis as that term is
referenced in paragraph (n) of this section and which is operated solely for
the purpose of conducting natural life or physical sciences research the
results of which are not intended to promote any particular product or
industry.
(q) "Representatives of the news media" refers to any person actively
gathering news for an United States entity that is organized and operated to
publish or broadcast news in the United States to the general public. The
term "news" means information that is about current events or that would be of
current interest to the general public. Examples of news media entities
include television or radio stations broadcasting to the public at large and
publishers of printed periodicals (but only in those instances when they
qualify as disseminators of "news") who make their products available for
purchase or subscription by the general public and whose products are, in
fact, received by a significant element of the general public. These examples
are not intended to be all-inclusive. Moreover, as traditional methods of
news delivery evolve (e.g., electronic dissemination of newspapers through
telecommunications services), such alternative media would be included in this
category. In the case of "freelance" journalists, they may be regarded as
working for a news organization if they can demonstrate a solid basis for
expecting publication through that organization, even though not actually
employed by it. A publication contract would be the clearest proof, but the
requester's past publication record may also be relevant evidence of the
requester's status.
,g1900.5 Organization; requests and submittals.
The headquarters of the Central Intelligence Agency is located in Fairfax
County, VA. Functions are channeled and determined by regular chain-of-
command procedures. Except as provided by this regulation, there are no
formal or informal procedural requirements regarding public access to Agency
records. Requests and other submittals should be addressed to:
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505.
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Requesting Records
1900.11 Freedom of Information Act and Executive Order communications;
requirements as to form.
(a) Any communication to_the CIA or to the Director of Central
Intelligence under the Freedom'of Information Act or Executive Order 12356
should be addressed to:
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
This address should appear on the envelope or other folder or package in which
the communication is transmitted. It should also be included as the addressee
of the letter or other communication or be clearly set forth in the text of
the communication.
(b) Any request for records under the Freedom of Information Act
(?1900.21), expression of interest in requesting records (?1900.23) or request
for declassification of records under Executive Order 12356 shall be in
writing and shall be addressed as prescribed by ?1900.11(a). The Coordinator
may, but need not, waive the requirements as to address.
(c) The request or expression of interest shall reasonably describe the
records of interest and, in the case of mandatory declassification review,
requests shall identify the document(s) with specificity such as by National
Archives and Records Administration (NARA) Document Accession Number or other
applicable, unique document identifying number.
(d) Any request or communications to an agency other than the Central
Intelligence Agency which concerns documents, records or information
originated by the CIA and referred to the CIA, shall be considered a Freedom
of Information request to the CIA for that referred document as of date of
receipt by the CIA of the referral, and shall be processed pursuant to
regulations.
1900.21 Identification of persons requesting information under the
provisions of Executive Order 12356.
Pursuant to section 3.4(a)(1) of Executive Order 12356, a mandatory
declassification review request can be made only by a United States citizen or
permanent resident alien, a federal agency or a State or local government.
This Agency shall require sufficient identifying information from the
requester to authenticate the requester's qualifications.
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1900.23 Pre-request option: estimates of charges.
(a) In order to avoid being faced with unanticipated sizeable charges,
interested persons and entities may defer the submission of requests for
records and first submit a written request, in accordance with the procedures
prescribed by ?1900.11, for an estimate of charges likely to be incurred if
the records are requested.
(b) Notice is hereby given,-that a requester may be liable for the payment
of search charges, in accordance with the fee schedule and provisions of
?1900.25, even if search for requested records locates no such records and
even if some or all of requested records which are located are denied the
requester under one or more exemptions of the Freedom of Information Act or
Executive Order 12356. In determining whether to exercise the option under
?1900.21 or ?1900.23(a), interested persons and entities are urged to take
into consideration the fact of possible liability.
1900.25 Fees for records services.
(a) Search, review, and duplication fees will be charged in accordance
with the schedule set forth in subparagraph (c) of this section for services
rendered in responding to requests for Agency records under this part. To the
extent possible, the most efficient and least costly methods will be used to
comply with requests for documents made under the FOIA. Records will be
furnished without charge or at a reduced rate whenever the Coordinator
determines that a waiver or reduction is in the public interest because it is
likely to contribute significantly to public understanding of the operations
or activities of the United States government and is not primarily in the
commercial interest of the requester. The Coordinator shall consider the
following factors in making his determination:
(1) Whether the subject of the requested records concerns the
operations or activities of the United States government; and, if
so,
(2) Whether the disclosable contents of the requested documents
are likely to contribute to an understanding of United States
government operations or activities; and, if so,
(3) Whether the disclosable contents of the requested documents
will contribute to public understanding of United States government
operations or activities; and, if so,
(4) Whether the disclosable contents of the requested documents
are likely to contribute significantly to public understanding of
United States government operations and activities; and,
(5) Whether the requester has a commercial interest that would
be furthered by the requested disclosure; and, if so,
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(6) Whether the disclosure is primarily in the commercial
interest of the requester. . The Coordinator may also waive or reduce the charge whenever he determines
that the interest of the government would be served thereby. Fees shall not
be charged where they would amount, in the aggregate, for a request or for a
series of related requests, to less than $6.00.
Denials of requests for fee waivers or reductions may be appealed by
writing to the Chairman of the I4nformation Review Committee, via the
Coordinator. Requests for feCWaivers or reductions or appeals of such
decisions will not be considered after a requester has given his commitment to
pay fees and/or processing costs have been incurred by the CIA.
(b) In order to protect the requester and the Agency from large,
unexpected fees, when the anticipated charges will amount to more than $25.00
and the requester has not indicated his willingness to pay applicable fees,
the processing of the request shall be suspended until the requester indicates
his willingness to pay. The requester shall be notified and asked for this
commitment to pay all reasonable search and duplication (and when appropriate,
review) fees. At his option, the requester may indicate in advance a dollar
limitation to the fees he is prepared to pay. In such an event, the
Coordinator shall initiate a search of the system or systems of records deemed
most likely to produce relevant records, instructing the system managers to
discontinue the search as soon as the stipulated amount has been expended.
Where an advance limit has not been stipulated, the Coordinator may, at his
discretion or at the behest of the requester, compile an estimate of the
search fees likely to be incurred in processing a request, or of such portion
thereof as can readily be estimated. The requester shall be promptly notified
of the amount and be asked to approve its expenditure and guarantee payment
thereof. The request shall be cancelled after 60 days if no response is
received.
In those cases where the Coordinator estimates that the fees will exceed
$250.00 and the requester has no history of payment, an advance deposit of up
to 100 percent of the estimated fees will be required. In all cases where
there is reasonable evidence that the requester may possibly fail to pay the -
fees which would be accrued by processing his request, an advance deposit of
100 percent of the estimated fees will be required. The notice or request for
an advance deposit shall extend an offer to the requester whereby he is
afforded an opportunity to revise the request in a manner calculated to reduce
the fees. Dispatch of such a notice shall suspend the running of the period
for response by the Agency until a reply is received from the requester.
Except for requests that are for a commercial use, the Agency will not
charge for the first two hours of search time or for the first 100 pages of
reproduction. However, a requester or associated requesters may not file a
series of multiple requests, which are merely discrete subdivisions of the
information he actually seeks, for the purpose of avoiding or reducing
applicable fees. When the Coordinator reasonably believes that a requester or
a group of requesters acting in concert, is attempting to break a request down
into a series of smaller requests solely for the purpose of evading the
assessment of fees, the Coordinator may aggregate any such requests and charge
accordingly.
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(c) The schedule of fees for services performed in responding to requests
for CIA records is established as follows:
(1) For each one quarter hour, or fraction thereof, spent by
non-professional personnel in searching for a record, $2.50;
(2) For each one quarter hour, or fraction thereof, spent by
professional personnel in searching for a record, $4.50;
(3) For each one quarter hour, or fraction thereof, spent by
professional personae' in reviewing a record in response to a FOIA
request, which is primarily commercial, $4.50;
(4) For each on-line computer search, $11.00;
(5) For each off-line (batch) computer search of Central
Reference Files, $27.00;
(6) For all other off-line computer searches of Agency
files, $8.00 per minute of Central Processing Unit (CPU) time;
(7) For copies of of paper documents in sizes not larger
than 8 1/2 x 14, $0.10 per copy of each page;
(8) For duplication of non-paper media (film, magnetic
tape, diskette, etc.) or any document that cannot be reproduced
on a standard office copier, actual direct cost; and
(9) For copies of reports, maps, reference aids, and other
Agency publications, actual costs.
(d) Inasmuch as the Agency's systems of records are highly decentralized,
several computer searches may be required to process a request, depending upon
its scope. The computer search costs given in subparagraph 3(c)(4)-(6) of
this section, do not include whatever professional/non-professional search
time is needed to determine whether the records located are in fact responsive
to the request.
(e) Search fees are assessable even when no records pertinent to the
requests, or no releaseable records are found, provided the requester has been
advised of this fact and he has, notwithstanding, agreed to incur the costs of
search. Individuals associated with or otherwise making requests on behalf of
any organizations or other entity or person shall be jointly and severally
liable with such party for all applicable search, review, and reproduction
costs incurred.
(f) For requests which have accrued search and duplication fees in excess
of $250.00, or where there is reasonable evidence that the requester may
possibly fail to pay the accrued fees, then, at the discretion of the
Coordinator, the requester may be required to pay the accrued search and
duplication fees prior to the actual delivery of the requested records;
otherwise, the requester shall be billed for such fees at the time the records
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are provided. Payment shall be remitted by check or money order, made payable
In U.S. dollars to the Treasurer of the United States, and shall be sent to
the Coordinator. No appeals shall be accepted or any additional records
services provided to the requester or associated requester until the requester
and associated requesters have paid all outstanding charges for services
rendered under this CFR Part or corresponding CFR Part for other government
agencies or departments. In cases of requesters associated with, acting in
concert with, or on behalf of any other individual or organization, such
requesters, individuals and organizations shall be jointly and severally
liable for all applicable charges.
(g) With the exception of requesters seeking documents for a commercial
use, Section 4(A)(iv) of the Freedom of Information Act, as amended, requires
agencies to provide the first 100 pages of duplication and the first two hours
of search time without charge. Moreover, this section prohibits agencies from
charging fees to any requester, including commercial use requesters, if the
cost of collecting a fee would be equal to or greater than the fee itself.
These provisions work together, so that, except for commercial use requesters,
the Agency will not begin to assess fees until after providing the specified
free search and reproduction. If the amount of the chargeable fees is equal
to or less than the cost of the Agency of billing the requester and processing
the fee collected, no charges would result. The elements to be considered in
determining the "cost of collecting a fee" are the administrative costs to the
Agency of receiving and recording a requester's remittance, and processing the
fee for deposit in the Treasury Department's special account. The per-
transaction cost to the Treasury to handle such remittances will not be
considered in the Agency's determination.
For purposes of these restrictions on assessment of fees, the word "pages"
refers to paper copies of a standard Agency size which will normally be "8 1/2
x 11" or "11 x 14." Thus, requesters would not be entitled to 100 microfiche
or 100 computer diskettes, for example, but rather such microfiche, diskettes,
or other computer output having a dollar value equivalent to 100 pages of
paper copies (i.e., $10.00).
Similarly, the term "search time" in this context has, as its basis,
manual search. To apply this term to searches made by computer, the Agency -
will provide computer searches under ?1900.25(c)(4)-(6)having a dollar value
equivalent to two (2) hours of professional search time (i.e., $36.00).
(h) There are four categories of FOIA requesters: (1) commercial use
requesters; (2) educational and non-commercial scientific institution;
(3) representatives of the news media; and, (4) all other requesters. The
FOIRA prescribes specific levels of fees for each of these categories:
(1) "Commercial Use" Requesters: When the Agency receives a
request for documents for commercial use, it will assess charges
which recover the full direct costs of searching for, reviewing for
release, and duplicating the records sought. Requesters must
reasonably describe the records sought. Commercial use requesters
are not entitled to two hours of free search time nor 100 free pages
of reproduction of documents. The Agency will recover the cost of
searching for and reviewing records even if there is ultimately no
disclosure of records.
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(2) "Educational and Non-commercial Scientific,Institution"
Requesters: The Agency will provide *documents to requesters in this
category for the cost of reproduction alone, excluding charges for
the first 100 pages. To be eligible for inclusion in this category,
requesters must show that the request is being made as authorized by
and under the auspices of a qualifying United States institution and
that the records are not sought for commercial use, but are sought
in furtherance of scholarly (if the request is from an educational
institution) or scientific (if the request is from a non-commercial
scientific institution) research. Requesters must reasonably
describe the records sought.
(3) "Representatives of the News Media" Requesters: The Agency
shall provide documents to requesters in this category for the cost
of reproduction alone, excluding charges for the first 100 pages.
To be eligible for inclusion in this category, a requester must meet
the criteria in ?1900.3(q), and his or her request must not be made
for a commercial use. In reference to this class of requester, a
request for records supporting the news dissemination function of a
requester shall not be considered to be a request that is for
commercial use provided that the requester meets the requirements
specified in ?1900.3(q). Requesters must reasonably describe the
records sought.
(4) "All Other" Requesters: FOIA requesters who do not fit in
any of the categories above will be charged fees which recover the
full reasonable direct cost of searching for and reproducing records
that are responsive to the request, except that the first 100 pages
of reproduction and the first two hours of search time shall be
furnished without charge. Moreover, requesters asking for records
about themselves will continue to be treated under the CIA fee
provisions of the Privacy Act of 1974 which permit access to records
without charge.
Processing Freedom of Information and Executive Order Communications
01900.31 Screening communications.
(a) If any Agency employee receives a written communication which the
employee believes to be an apparent or intended communication under the
Freedom of Information Act or the mandatory declassification review provisions
of Executive Order 12356, he shall expeditiously transmit the communication to
the Coordinator.
(b) Upon receipt of a communication in accordance with ?1900.11 or
paragraph (a) of this section, the Coordinator shall promptly consult with
such Agency components as he may deem appropriate and:
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(1) Determine the nature of the communication -- an expression
of interest (?1900.21), a request (?1900:23) or other, and
(2) If he determines the communication to be an intended
expression of interest or intended request, he shall further
determine whether it fails to qualify as an expression of interest
or request only because it fails to reasonably describe the records
of interest.
(c) The Coordinator thereupon shall take the appropriate one of the
following actions.
(1) If he determined that the communication was not an intended
expression of interest or an intended request, he shall take such
action with respect to the communication as he may deem appropriate.
(2) If he determined that the communication was an intended
expression of interest or an intended request but failed to
reasonably describe the records of interest, he shall so inform the
originator of the communication promptly, in writing, and he may
offer to assist the originator in revising and perfecting the
description of the records of interest.
(3) The Coordinator shall determine whether any communication
not acted on under subparagraph (1) or (2) is an expression of
interest, or is a request made in accordance with published rules
stating the procedures to be followed, as required by subsection
(a)(3) of the Freedom of Information Act or Executive Order 12356.
The Coordinator's determination in this regard shall be based on and
shall reflect the clear intent of the originator of the
communication insofar as the Coordinator is able to determine that
intent. When the originator's intent is not apparent to the
Coordinator and when the Coordinator deems it desirable and
feasible, he shall promptly communicate with the originator in order
to ascertain the latter's intent. In this and any cases where
additional information is required, the request will be cancelled
after 60 days if no reply is received.
(d) The Coordinator shall inform the requester, in writing, of his
determination made under subparagraph (c)(3) and, in the case of a
determination that the communication is a request, of the date of such
determination. Such notification shall be given promptly and, in any case,
within five work days of the date of such determination. The ten work days
within which the Agency must determine whether to comply with a request, as
provided by subsection (a)(6)(A)(i) of the Freedom of Information Act, shall
begin as of the date of such determination.
(e) The Coordinator shall promptly process under the procedures specified
by ?1900.33 those communications which he determines to be expressions of
interest. He shall promptly process under the procedures specified by
?1900.35 those communications which he determines to be requests.
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?
1900.33 Processing expressions of interest.
(a) Upon determining, in accordance with paragraph (c)(3) of ?1900.31,
that a communication is an expression of interest, and after promptly
consulting with such Agency components as he may deem appropriate, the
Coordinator, to the extent feasible, shall determine the applicable search,
review, duplication charges likely to be incurred in processing the potential
request. In determining such charges, the Coordinator shall take into account
the nature and quantity of the work and services of people and computers and
other equipment which may be reOuired, and the applicable rates set out in the
fee schedule prescribed by ?1900.25(c). If feasible at this stage, the
Coordinator also shall determine whether to waive or reduce the fee in
accordance with paragraph ?1900.25(a).
(b) The Coordinator thereupon shall advise the potential requester, in
writing, of the likely search and duplication charges. He shall explain the
basis and reasons for the charges and he shall make clear that the amounts
indicated are estimates only, if such be the case, and, if there is a
possibility that the charges to be incurred may be greater than the estimate,
he shall so inform the potential requester. If the amounts indicated are not
estimates but are the amounts which in fact are to be charged if the potential
requester makes a request, he shall inform the potential requester of that
fact. In either event, he shall also inform the potential requester that
search charges will be levied upon the requester even if no records fitting
the description are located or if any or all records which do fit the
description are denied the requester.
(c) When he deems it appropriate or when the potential requester so
requests, the Coordinator shall communicate with the potential requester with
the view to assisting the requester to determine whether and, if so, how to
revise the description of the records of interest so as to cause or permit a
reduction in the likely applicable charges.
(d) Upon receipt of such estimate and advice concerning likely charges,
the potential requester may:
(1) In accordance with ?1900.21, submit a request for records,
either the records of interest indicated in his expression of
interest or records encompassed in a modified description;
(2) Advise the Coordinator that he does not intend to request
records; or
(3) Take no additional action.
(e) If, as a result of his consultations with the Coordinator or
otherwise, the potential requester wants to request records additional to
or other than those described in his expression of interest, he may submit
an expression of interest with respect to such records, in accordance with
?1900.23 or a request for such records in accordance with ?1900.21.
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1900.35 Processing requests for records.
(a) Upon determining that a communication is a request for records, the
Coordinator, after consulting with such Agency components as he may deem
appropriate, shall promptly transmit a copy of the request to the component or
components believed responsible for the records, inform the components of the
date of receipt of the request as determined by him pursuant to ?1900.31(c)(3),
and alert the components to the action required of them by ??1900.41-47 with
respect to the request. Requests will be handled with each component on a
first-received, first-answered-basis. In those components where the the
volume of pending, highly-complex ("project") requests has substantially
impeded the processing of other smaller requests, the Coordinator may direct
the establishment of a dual-queue system in order to ensure that both regular
and project requests receive appropriate and equitable processing.
(b) Notwithstanding paragraph (a) of this section, the Coordinator may
determine that there is no basis for searching for the requested records or
that the Agency's required response to the request obviates the need to
conduct any search (since the fact of the existence or non-existence of
records responsive to the request would itself be classified or since the
information requested is specifically exempt from required disclosure by
50 U.S.C. ?403(d)(3), 50 U.S.C. ?403g, or other applicable statute). Whenever
the Coordinator makes such a determination, he shall respond to the requester
accordingly, and the requirements of paragraph (a) of this section and of
??1900.41 through 1900.47 shall not apply as to that particular request.
Actions on Requests
1900.41 Searching for requested records.
(a) Upon receipt of a copy of a request and the tasking pursuant to
?1900.35, the components which are logical repositories of the requested
records (hereinafter the "cognizant components"), shall, with such assistance
as may be appropriate from the Coordinator and from such reference, indexing
or filing aids as available, undertake to locate the requested records from
all files except those designated by the Director of Central Intelligence as
exempt from search pursuant to the CIA Information Act, 50 U.S.C. ?431.
(b) If no records described by the requests are located, the cognizant
components shall inform the Coordinator who shall promptly inform the requester
in writing. The Coordinator also shall determine the charges, if any, for
which the requester shall be liable, in accordance with the fee schedule and
provisions of ?1900.25. He shall inform the requester of the amount charged,
explain the basis of computation, and request prompt payment thereof.
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?1900.43 Reviewing records.
(a) The cognizant components shall review any located records in
accordance with the provisions of the Freedom of Information Act and Executive
Order 12356 and on the basis of other applicable law, regulations and policy,
and determine which, if any, requested records, or reasonably segregable
portions of records, are to be furnished the requester and which are to be
denied or withheld. Any decision to furnish or to deny or withhold requested
records shall be made only by employees and officials to whom authority to
make such decisions has been duly delegated.
(b) In the event an Agency component believes that located records
require review by another CIA component or another agency, it shall forward
such records to the Coordinator who shall expeditiously coordinate such review.
(c) In the event located records are determined to have originated with
another government agency, the Coordinator shall expeditiously forward such
records or a description thereof to the originating agency for their
determination.
(d) Pursuant to subsection 3.4(f)(1) of Executive Order 12356, this
Agency shall refuse to confirm or deny the existence or non-existence of
information requested whenever the fact of its existence or non-existence is
itself classifiable under this Order.
1900.45 Expeditious action, extension of time.
(a) Concerning Freedom of Information Act requests, whenever feasible
under the standards prescribed by ?1900.47, the search and review functions
prescribed by ??1900.41 and 1900.43 and notice to the requester of the Agency
action on the request, as prescribed by ?1900.49(a), shall be completed within
ten days of the date of Agency receipt of the request as determined by the
Coordinator pursuant to ?1900.31(c)(3). Whenever the Coordinator determines
that "unusual circumstances" as defined by subsection (a)(6)(B) of the Freedom
of Information Act exist, he may, by written notice to the requester,
authorize an additional period for completion of Agency action, but no such
extension shall be for more than ten work days. His notice shall also set
forth the reasons for the extension.
(b) In addition to the foregoing, the Coordinator may authorize necessary
additional extensions of time under the authority and within the strictures of
Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir.
1976)
(c) Concerning mandatory declassification review requests, Agency
responses shall be governed by the amount of search and review time required
to process the request under ??1900.41 and 1900.43. If unusual circumstances
prevent a final Agency determination from being reached within one year of the
date of receipt, the Agency shall inform the requester of the additional time
needed to process the request.
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1900.47 Allocation of manpower and resources;-astreed extension of time.
(a) Agency components shall devote such manpower and other resources to
searching for, locating and reviewing records in accordance with ??1900.41 and
1900.43 as may be appropriate and expedient in the circumstances, taking into
account:
(1) The manpower and resources available for those purposes;
(2) The right &Ca requester submitting a request under the
Freedom of Information Act to resort to litigation if the Agency
decision on the request is not made within ten work days; and
(3) All functions, duties and responsibilities assigned to
those components by, or pursuant to, a law.
(b) The responsible components shall consult with the Coordinator with
regard to the need to allocate resources and establish priorities, and the
latter with the requester, as may be appropriate, in order to accomplish such
arrangements and agreements with the requester as may be acceptable to the
requester concerning the Agency's efforts and ability to act on his request
expeditiously. In particular, when the Coordinator deems it feasible and of
possible benefit to the requester, the public, or the Agency, he shall inform
the requester that more thorough or extensive search or review, or both, could
be accomplished, which might be of benefit to the requester, if additional
time were to be available. When appropriate in such cases, the Coordinator
shall also advise the requester of the effect on charges and fees such
additional search might cause. Any extensions arranged or agreed to under
this section may be in addition to any extensions under ?1900.45.
? 1900.49 Notification and payment; furnishing records.
(a) The Coordinator shall promptly inform the requester, in writing,
which of the requested records, or portions thereof, if any, are to be
furnished the requester and those, if any, which are denied, as determined
pursuant to ?1900.43(a). With respect to the latter, he shall also explain
the reasons for the denial and he shall furnish the names and titles or
positions of the persons responsible for the decision to deny access.
(b) Upon receipt of payment of all fees and charges, or upon the
completion of arrangements satisfactory to the Coordinator that payment will
be made promptly, the Coordinator shall promptly prepare copies of the
records, or portions of records, which are to be made available and transmit
them to the requester. The Coordinator shall do likewise with respect to any
records or portions of records made available to a requester by the action of
the Central Intelligence Agency Information Review Committee under ??1900.51
(e)(1) or (2).
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(c) As an alternative to any requester receiving any records from the
Agency by mail, a requester may arrange to inspect the records at a CIA
Reading Room in the metropolitan Washington, D.C. area. The Coordinator will
designate a Reading Room for the purpose of records inspection, and the
requester may select whatever records the requester wishes to purchase at a
cost set forth in ?1900.25. Access to the Reading Room will be granted only
after the fees that accumulated from the search (and review if applicable) to
produce the requested records have been paid, or waived by the Coordinator
pursuant to ?1900.25(a). Upon receipt of a written statement from the
requester exercising this option, the Coordinator will advise the requester of
the location of the Reading Room and provide directions thereto. Records that
the Agency will release will be available for inspection in the Reading Room
on a date or dates mutually agreed upon by the Coordinator and the requester,
not more than seven days from the Agency's receipt of the written request or
from completion of the processing of the request for records, whichever is
later. The requester may agree to a date or dates more than seven days from
such time. On the days the Reading Room is open, it will be available to
requesters from 9:30 a.m. to 3:30 p.m.
Appeals
1900.51 Appeals to CIA Information Review Committee.
(a) Establishment of Committee. The CIA Information Review Committee is
hereby established pursuant to the Freedom of Information Act and ?3.4(d) of
Executive Order 12356. The Committee shall be composed of the Deputy Director
for Administration, the Deputy Director for Operations, the Deputy Director
for Science and Technology, the Deputy Director for Intelligence, and the
Inspector General. The Director of Central Intelligence shall appoint a
Chairman. The Committee, by majority vote, may delegate to one or more of its
members the authority to act on any appeal or appeals under this section, and
may authorize the Chairman to delegate such authority. The Chairman may call _
upon appropriate components to participate when special equities or expertise
are involved.
(b) Right of appeal; Notice. Whenever access to any requested record or
any portion thereof is denied, the requester shall be apprised, in writing, of
his or her right to appeal the denial to the CIA Information Review Committee
through the Coordinator.
(c) Appeal procedures. Any such appeal or request to the Committee shall
be in writing, addressed to the Coordinator. The appeal or request may
present such information, data, and argument in support thereof as the
requester may desire. The Committee shall not permit a requester or his
representative to appear before the Committee or to make an oral presentation.
No appeal shall be accepted if the requester or associated requester has
outstanding record service charges with the CIA or other federal government
agency or department.
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(d) Time for appeal; expiration of appeal. An appeal under the Freedom
of Information Act shall be exercised within thirty days of the date of
receipt of notification of the right to appeal and the right of appeal shall
cease as of the expiration of that period. But the Committee, for good cause
shown, may permit an additional thirty days for the submission of an appeal.
Pursuant to the mandatory declassification review provisions of Executive
Order 12356, an administrative appeal must be filed within sixty days of
receipt of the denial of the initial request.
(e) Committee action on appeals and requests:
?.%
(1) The Committee shall promptly consider any appeal, together
with any submissions in support thereof, and shall grant or deny the
appeal or take such other action thereon as it may deem appropriate.
The Committee's review, decision and action shall be based on and
shall be in conformance with the Freedom of Information Act,
Executive Order 12356 and other applicable law, directives,
regulations and policy.
(2) The Committee shall promptly consider any requests under
Executive Order 12356 for declassification under paragraph (a) of
this section and shall declassify any such records or reasonably
segregable portions or coherent segments of such records as it deems
appropriate in accordance with Executive Order 12356.
(3) Committee action on appeals of FOIA determinations shall be
completed within twenty work days of receipt of the appeal, and
appeal of mandatory declassification review determinations shall be
completed within thirty (30) workdays, except that the Committee may,
in accordance with the provisions of ?1900.45, avail itself of an
additional period of time for completion of its work on the appeal.
But no such extension shall be available with respect to an appeal of
a denial of a request which was the subject of an extension of time
for Agency action by the Coordinator under this Part. In the event
that the Committee is unable to complete its review of an appeal
within the time prescribed by this subsection, it may, by agreement
with the requester, extend the period for completion of such review. _
(4) Concerning appeals under the FOIA, the Committee shall
promptly inform the requester of its determination(s) and, with
respect to any decision to withhold or deny records, it shall
identify the officer responsible therefore. If any record or portion
thereof is denied the requester by the Committee's action, the
Committee shall also inform the requester of the provision for
judicial review of that determination under subsection (a)(4) of the
Freedom of Information Act.
(5) Concerning appeals under the mandatory declassification
review provisions of Executive Order 12356, Committee decisions are
final and no right of judicial review exists.
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Miscellaneous
? 1900.61 Access for historical research.
(a) Any person engaged in a historical research project may submit a
request, in writing, to the Coordinator to be given access to information
classified pursuant to an Executive Order for purposes of that research. Any
such request shall indicate t4e4nature, purpose, and scope of the research
project. It is the policy of the Agency to consider applications for
historical research privileges only in those instances where the researcher's
needs cannot be satisfied through requests for access to reasonably described
records under the Freedom of Information Act or Executive Order 12356.
(b) The Coordinator may authorize access, under such conditions and at
such time and place as he may deem feasible. But the Coordinator shall
authorize access only with respect to documents and records prepared or
originated not less than ten years prior to the date of such requests and only
upon the prior written approval by the CIA Director of Security of a current
security clearance of the requester and of persons associated with him in the
project, in accordance with applicable executive orders, regulations, and
directives, and upon the Coordinator's further determination that:
(1) A serious professional or scholarly research project is
contemplated;
(2) Such access is clearly consistent with the interests of
national security;
(3) Appropriate steps have been taken to assure that classified
information will not be published or otherwise compromised;
(4) The information requested is reasonably accessible and can
be located and compiled with a reasonable amount of effort.
(5) The historical researcher agrees to safeguard the
Information in a manner consistent with Executive Order 12356, and
signs an agreement to safeguard the classified material to which
access is granted in accordance with Agency security requirements; and
(6) The historical researcher agrees to authorize a prior
review of his notes and manuscript by the Agency for the sole purpose
of determining that no classified information is contained therein.
(c) An authorization shall be valid for the period required for the
research project as the Coordinator may determine, but in no event for more
than two years. But upon renewed request in accordance with paragraph (a) of
this section, authorization may be renewed in accordance with paragraph (b) of
this section and this paragraph.
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STAT
(d) The Coordinator shall cancel any authorization whenever the Director
of Security cancels the security clearance of the'rdquester or of any person
associated with the requester in the research project or whenever the
Coordinator determines that continued access would not be in compliance with
one or more of the requirements of paragraph (b) of this section.
1900.63 Suggestions and compl,aints.
Any person may direct any suggestion or complaint with respect to the CIA
administration of Executive Order 12356 to the CIA Information Review
Committee. The Committee shall consider such suggestions and complaints and
shall take such action thereon as it may deem feasible and appropriate.
APPROVED:
Utl-tr"
William F. Donnelly Date
Deputy Director for Administrion
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A
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ISD/MG/OIT/lss/22 November 1987
Distribution:
Orig + 3 - CFR
1 - ISD Subject
1 - ISD Chrono
1 - LSS Signer
1 - C/LD/OGC
5 - Each Member of IRC
(DDO, DDA, DDS&T, DDI, IG)
5 - Each Directorate IRO
(DDO, DDA, DDS&T, DDI, DCI)
5 - Each Independent FOIO
(OGC, OCA, PAO, 0/Compt, IC Staff)
1 - D/OIT
1 - DD/OIT
1 - C/MG/OIT
1 - ISD Legal Counsel
1 - LSS Signer
Library: IPD
ID# 656
II \
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Billing Code 6310-02-M
CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1900
Public Access to Documents and Records and Declassification Requests
AGENCY: Central Intelligence Agency
ACTION: Final rule.
SUMMARY: Part 1900 of Title 32 CFR was last published in full text in the
Federal Register on 12 January '1983 (Vol. 48, No. 8, P. 1293). Since then,
there have been several substantive amendments and more recently proposed
amendments affecting those portions of the regulation relating to fees as
required by the Freedom of Information Reform Act (FOIRA) of 1986. For the
benefit of the public, Part 1900 is being republished with all current
amendments and revisions, including a number of error corrections and changes
in phraseology as well as technical and/or administrative changes to clarify
or more accurately reflect applicable procedures.
EFFECTIVE DATE: [insert date of publication]
FOR FURTHER INFORMATION CONTACT:
Lee S. Strickland
Information and Privacy Coordinator
Central Intelligence Agency
Washington D.C. 20505
Telephone: [phone]
SUPPLEMENTARY INFORMATION.
. The policies and procedures of the Central
Intelligence Agency (CIA or Agency) for handling requests for CIA records
under the Freedom of Information Act (FOIA) Executive Order 12356 are
published in 32 C.F.R. Part 1900. This final rule, in part, hereby amends
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those portions of the regulation concerned with fees charged for records
services in response to FOIA requests to be consistent with the provisions of
the FOIRA and is issued subsequent to formal public notice and comment.
During the comment period, written comments were received from a number of
individual journalists and organizations. These comments, which were generally
critical of the OMB and Department of Justice guidelines on fee regulations
under FOIRA, were considered by the Agency in adopting these regulations.
For example, the definitions in the proposed regulations of "commercial use,"
"representative of the news media," "educational institution," and "freelance
journalist" were argued to be too restrictive. In addition, the fee waiver
guidelines were also argued to be too restrictive. The comments were duly
considered in drafting the final rule published herein. To accomplish the
purposes of the FOIRA it will be necessary to modify ??1900.3 (Definitions)
and 1900.25 (Fees for records services). The amended fee schedule reflects
recommended adjustments for agency?wide charges that are permitted by law and
the remaining charges are based on the government?wide schedule. The increases
in fee schedule charges more accurately reflect current, direct costs. In
addition, the FOIRA specifies two basic requirements to qualify for a waiver
or reduction of chargeable fees. This amendment also sets forth the factors
which will be used in making such determinations.
This final rule also amends the remaining sections of Part 1900 by
incorporating into the regulation a number of error corrections and changes in
phraseology as well as a number of technical and/or administrative changes to
clarify or reflect more accurately applicable procedures and practices. It
has been determined that invitation of public comment on these changes to the
Agency's implementing regulations prior to adoption would be impracticable and
unnecessary, and it is therefore not required under the public rulemaking
provisions of the Administrative Procedures Act, 5 U.S.C. ?553. Interested
persons, however, are invited to comment in writing on these changes. All
written comments received will be considered in making subsequent amendments
or revisions to these regulations. Written comments should be addressed to
Lee S. Strickland, Information and Privacy Coordinator, Central Intelligence
Agency, Washington, D.C. 20505.
Lastly, it has been determined that this final rule is not a "major rule"
within the criteria specified in section 1(b) of Executive Order 12291 and
does not have substantial impact on the public. In addition, this rule does
not contain a collection of information for purposes of the Paperwork
Reduction Act.
LIST OF SUBJECTS IN 32 CFR PART 1900:
Freedom of Information
Executive Order 12356
Accordingly, 32 CFR Part 1900 in its entirety is revised and reads as
follows.
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PART 1900-PU8LIC ACCESS TO DOCUMENTS AND RECORDS AND DECLASSIFICATION REQUESTS
General
?1900.1
?1900.3
?1900.5
Purpose and authority.
Definitions.
Organization; requests and submittals.
Requesting Records
?1900.11 Freedom of Information Act and Executive Order 12356 communications;
requirements as to form.
?1900.21 Identification of persons requesting information under the
provisions of Executive Order 12356.
?1900.23 Pre?request option: estimates of charges.
?1900.25 Fees for records services.
Processing Freedom of Information & Executive Order Communications
?1900.31 Screening communications.
?1900.33 Processing expressions on interest.
?1900.35 Processing requests for records.
Actions on Requests
?1900.41 Searching for requested records.
?1900.43 Reviewing records.
?1900.45 Expeditious action; extension of time.
?1900.47 Allocation of manpower and resources; agreed extension of time.
?1900.49 Notification and payment; furnishing records.
Appeals
?1900.51 Appeal to CIA Information Review Committee.
Miscellaneous
?1900.61 Access for historical research.
?1900.63 Suggestions and complaints.
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AUTHORITY: National Security Act of 1947, as amended; Central Intelligence
Agency Act of 1949, as amended; Freedom of Information Act, as amended; CIA
Information Act of 1984; and Executive Order 12356.
General
1900.1 Purpose and authority.
This part is issued under the authority of and in order to implement:
?102 of the National Security Act of 1947, as amended (50 U.S.C. ?403); the
Central Intelligence Agency Act of 1949, as amended (50 U.S.C. ?403a et seq.);
the Freedom of Information Act, as amended (5 U.S.C. ?552); the CIA
Information Act of 1984 (50 U.S.C. ?431); and Executive Order 12356 (3 CFR
2 April 1982) It prescribes procedures for:
(a) Requesting records pursuant to the Freedom of Information Act;
(b) Requesting the declassification of documents pursuant to Executive
Order 12356;
(c) Filing an administrative appeal of a denial of a mandatory review
request under Executive Order 12356 or an initial request under the Freedom of
Information Act;
(d) The prompt and expeditious processing of such requests and appeals;
and
(e) Requesting estimates and advice prior to actually requesting records,
thus affording protection against unanticipated fees.
This part is also designed to assist Central Intelligence Agency
management at all appropriate echelons to allocate resources to perform the
functions, duties and responsibilities of the Central Intelligence Agency
prescribed by and pursuant to law, including in particular those situations
where it is deemed necessary to choose among conflicting requirements, duties
and responsibilities.
01900.3 Definitions.
For the purpose of this part, the following terms have the meanings
indicated:
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(a) "Agency" includes any executive department, military department or
other establishment or entity included in the definition of agency in
subsection 552(e) of Title 5 of the United States Code;
(b) "Coordinator" means the Central Intelligence Agency Information and
Privacy Coordinator;
(c) "Expression of interest" means a written communication submitted by a
potential requester pursuant to ?1900.33 to indicate an interest in requesting
records;
(d) "Freedom of Information Act" means ?552 of Title 5 of the United
States Code, as amended;
(e) "Executive Order" means Executive Order 12356 (3 CFR 2 April 1982);
(f) "Potential requester" means a person, organization or other entity
who submits an expression of interest in accordance with ?1900.33;
(g) "Records," with reference to records of the Central Intelligence
Agency, includes all papers, maps, photographs, machine readable records, and
other documentary materials regardless of physical form or characteristics
made or received by the Central Intelligence Agency in pursuance of federal
law or in connection with the transaction of public business and appropriate
for preservation by the Central Intelligence Agency as evidence of the
organization, functions, policies, decisions, procedures, operations or other
activities of the Agency or because of the informational value of data
contained therein. But the term does not include:
(1) Index, filing and museum documents made or acquired and
preserved solely for reference, indexing, filing or exhibition
purposes;
(2) Routing and transmittal sheets and notes and filing
instructions and notes which do not also include information,
comment or statement of substance or policy;
(3) Books, newspapers, magazines, and similar publications and
clippings and excerpts from any such publications;
(4) Records not originated by the CIA and subject to the
continued control of the originator (such records will be referred
to the originator for a disposition pursuant to ?1900.43(c)).
(h) "Records of interest" means records which are responsive to
expression of interest or of a request;
(i) "Work days" means calendar days other than Saturdays and Sundays and
legal public holidays.
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(j) "Direct costs" means those expenditures which an agency actually
incurs in searching for and duplicating (and reviewing in the case of
commercial requesters) documents to respond to a FOIA request. Direct costs
include, for example, the current salary of the employee performing work (the
basic. rate of pay for the employee plus 16 percent of that rate to cover
benefits) and the cost of operating duplicating machinery. Not included in
direct costs are overhead expenses such as costs of space and heating or
lighting the facility in which the records are stored.
(k) "Search" includes all time spent looking for material that is
responsive to a request utilizing available indicies and other finding aids.
The term search is predicated on the concept of reasonable search as
contrasted to research which is neither irequired nor authorized by the FOIA.
Efforts will be made to ensure that search for material is done in the most
efficient and least expensive manner so as to minimize costs for both the
Agency and the requester. "Search" for the purpose of determining whether a
document is responsive is distinguishable from "review" where the objective is
to determine whether any of the responsive material is exempt from
disclosure. Searches may be done manually or by computer using existing
programming.
(1) "Duplication" refers to the process of making a copy of a document
necessary to respond to a FOIA request. Such copies can take the form of
paper copy, microform, audio-visual materials, or machine readable
documentation (e.g., magnetic tape or disk) among others. The copy provided
must be in a form that is reasonably usable by requesters.
(m) "Review" refers to the process of examining documents located in
response to a request that is for a commercial use (see paragraph (n) of this
section) to determine whether any portion of any document located must be
withheld. It also includes processing any documents for disclosure (e.g.,
doing all that is necessary to remove or obliterate any material which is
exempt from disclosure and otherwise preparing them for release). Review does
not include time spent resolving general legal or policy issues regarding the
application of exemptions.
(n) "Commercial use request" refers to a request in which the disclosure
sought is primarily in the commercial interest of the requester. It is a
request from or on behalf of one who seeks information primarily for the use
or purpose that furthers the commercial, trade, or profit interests of the
requester or person on whose behalf the request is made. In determining
whether a requester is properly included in this category, the Agency will
consider and may draw reasonable inferences from the identity and activities
of the requester as well as the use to which the requester will put the
documents requested.
(o) "Educational institution" refers to a United States preschool, public
or private elementary or secondary school, an institution of graduate higher
education, an institution of undergraduate higher education, an institution of
professional education and an institution of vocational
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education which operates a degree-granting, accredited program or programs of
scholarly research in recognized fields of study. The criteria to be met to
be included in this category, for the purposes of fee waivers, are not
satisfied simply by showing that the request is for a library or other records
repository. Such requests, like those of other requesters, will be analyzed
to identify the particular person who will actually use the requested
information in a scholarly or other analytic work and then disseminate it to
the general public.
(p) "Non-commercial scientific institution" refers to an institution in
the United States that is not operated on a "commercial" basis as that term is
referenced in paragraph (n) of this section and which is operated solely for
the purpose of conducting natural life or physical sciences research the
results of which are not intended to promote any particular product or
industry.
(q) "Representatives of the news media" refers to any person actively
gathering news for an United States entity that is organized and operated to
publish or broadcast news in the United States to the gener public. The
term "news" means information that is about current event that would be of
current interest to the general public. Examples of news la entities
include television or radio stations broadcasting to the public at large and
publishers of printed periodicals (but only in those instances when they
qualify as disseminators of "news") who make their products available for
purchase or subscription by the general public and whose products are, in
fact, received by a significant element of the general public. These examples
are not intended to be all-inclusive. Moreover, as traditional methods of
news delivery evolve (e.g., electronic dissemination of newspapers through
telecommunications services), such alternative media would be included in this
category. In the case of "freelance" journalists, they may be regarded as
working for a news organization if they can demonstrate a solid basis for
expecting publication through that organization, even though not actually
employed by it. A publication contract would be the clearest proof, but the
requester's past publication record may also be relevant evidence of the
requester's status.
?1900.5 Organization; requests and submittals.
The headquarters of the Central Intelligence Agency is located in Fairfax
County, VA. Functions are channeled and determined by regular chain-of-
command procedures. Except as provided by this regulation, there are no
formal or informal procedural requirements regarding public access to Agency
records. Requests and other submittals should be addressed to:
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505.
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STAT
Requesting Records
1900.11 Freedom of Information Act and Executive Order communications;
requirements as to form.
(a) Any communication to the CIA or to the Director of Central
Intelligence under the Freedom of Information Act or Executive Order 12356
should be addressed to:
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
This address should appear on the envelope or other folder or package in which
the communication is transmitted. It should also be included as the addressee
of the letter or other communication or be clearly set forth in the text of
the communication.
(b) Any request for records under the Freedom of Information Act
(?1900.35), expression of interest in requesting records (?1900.35) or request
for declassification of records under Executive Order 12356 (?1900.35) shall
be in writing and shall be addressed as prescribed by ?1900.11(a). The
Coordinator may, but need not, waive the requirements as to address.
(c) The request or expression of interest shall reasonably describe the
records of interest and, in the case of mandatory declassification review,
requests shall identify the document(s) with specificity such as by National
Archives and Records Administration (NARA) Document Accession Number or other
a licable, unique document identifying number.
d) Any request or communications to an agency other than the Central
Intelligence Agency which concern documents, records or information originated
by the CIA and referred to the CIA, shall be considered a Freedom of
Information request to the CIA for that referred document as of date of
receipt by the CIA of the referral, and shall be processed pursuant to
regulations.
1900.21 Identification of persons requesting information under the
provisions of Executive Order 12356.
Pursuant to section 3.4(a)(1) of Executive Order 12356, a mandatory
declassification review request can be made only by a United States citizen or
permanent resident alien, a federal agency or a State or local government.
This Agency shall require sufficient identifying information from the
requester to authenticate the requester's qualifications.
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1900.23. Pre-request option: estimates of charges.
(a). In order to avoid being faced with unanticipated sizeable charges,
interested persons and entities may defer the submission of requests for
recbrds and first submit a written request, in accordance with the procedures
prescribed by ?1900.11, for an estimate of charges likely to be incurred if
the records are requested.
(b) Notice is hereby given that a requester may be liable for the payment
of search charges, in accordance with the fee schedule and provisions of
?1900.25, even if search for requested records locates no such records and
even if some or all of requested records which are located are denied the
requester under one or more exemptions of the Freedom of Information Act or
Executive Order 12356.
1900.25 Fees for records services.
(a) Search, review, and duplication fees will be charged in accordance
with the schedule set forth in subparagraph (c) of this section for services
rendered in responding to requests for Agency records under this part. To the
extent possible, the most efficient and least costly methods will be used to
comply with requests for documents made under the FOIA. Records will be
furnished without charge or at a reduced rate whenever the Coordinator
determines that a waiver or reduction is in the public interest because it is
likely to contribute significantly to public understanding of the operations
or activities of the United States government and is not primarily in the
commercial interest of the requester. The Coordinator shall consider the
following factors in making his determination:
(1) Whether the subject of the requested records concerns the
operations or activities of the United States government; and, if
so,
(2) Whether the disclosable contents of the requested documents
are likely to contribute to an understanding of United States
government operations or activities; and, if so,
(3) Whether the disclosable contents of the requested documents
will contribute to public understanding of United States government
operations or activities; and, if so,
(4) Whether the disclosable contents of the requested documents
are likely to contribute significantly to public understanding of
United States government operations and activities; and,
(5) Whether the requester has a commercial interest that would
be furthered by the requested disclosure; and, if so,
(6) Whether the disclosure is primarily in the commercial
interest of the requester.
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(b) The Coordinator may also waive or reduce the charge whenever he
determines that the interest of the government would be served thereby. In
addition, fees shall not be charged where they would amount, in the aggregate,
for a request or for a series of related requests, to less than $6.00.
(c) Denials of requests for fee waivers or reductions may be appealed by
writing to the Chairman of the Information Review Committee, via the
Coordinator. Requests for fee waivers or reductions or appeals of such
decisions will not be considered after a requester has given his commitment to
pay fees and/or processing costs have been incurred by the CIA.
(d) In order to protect the requester and the Agency from large,
unexpected fees, when the anticipated charges will amount to more than $25.00
and the requester has not indicated his willingness to pay applicable fees,
the processing of the request shall be suspended until the requester indicates
his willingness to pay. The requester shall be notified and asked for this
commitment to pay all reasonable search and dupliCation (and when appropriate,
review) fees. At his option, the requester may indicate in advance a dollar
limitation to the fees he is prepared to pay. In such an event, the
Coordinator shall initiate a search of the system or systems of records deemed
most likely to produce relevant records, instructing the system managers to
discontinue the search as soon as the stipulated amount has been expended.
Where an advance limit has not been stipulated, the Coordinator may, at his
discretion or at the behest of the requester, compile an estimate of the
search fees likely to be incurred in processing a request, or of such portion
thereof as can readily be estimated. The requester shall be promptly notified
of the amount and be asked to approve its expenditure and guarantee payment
thereof. The request shall be cancelled after 60 days if no response is
received.
(e) In those cases where the Coordinator estimates that the fees will
exceed $250.00 and the requester has no history of payment, an advance deposit
of up to 100 percent of the estimated fees will be required. In all cases
where there is reasonable evidence that the requester may possibly fail to pay
the fees which would be accrued by processing his request, an advance deposit
of 100 percent of the estimated fees will be required. The notice or request
for an advance deposit shall extend an offer to the requester whereby he is
afforded an opportunity to revise the request in a manner calculated to reduce
the fees. Dispatch of such a notice shall suspend the running of the period
for response by the Agency until a reply is received from the requester.
(f) Except for requests that are for a commercial use, the Agency will
not charge for the first two hours of search time or for the first 100 pages
of reproduction. However, a requester or associated requesters may not file a
series of multiple requests, which are merely discrete subdivisions of the
information he actually seeks, for the purpose of avoiding or reducing
applicable fees. When the Coordinator reasonably believes that a requester or
a group of requesters acting in concert, is attempting to break a request down
into a series of smaller requests solely for the purpose of evading the
assessment of fees, the Coordinator may aggregate any such requests and charge
accordingly.
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(g) The schedule of fees for services performed in responding to requests
for CIA records is established as follows:
(1) For each one quarter hour, or fraction thereof, spent by
non-professional personnel in searching for a record, $2.50;
(2) For each one quarter hour, or fraction thereof, spent by
professional personnel in searching for a record, $4.50;
(3) For each one quarter hour, or fraction thereof, spent by
professional personnel in reviewing a record in response to a FOIA
request, which is primarily commercial, $4.50;
(4) For each on-line computer search, $11.00;
(5) For each off-line (batch) computer search of Central
Reference Files, $27.00;
(6) For all other off-line computer searches of Agency
files, $8.00 per minute of Central Processing Unit (CPU) time;
(7) For copies of paper documents in sizes not larger
than 8 1/2 x 14, $0.10 per copy of each page;
(8) For duplication of non-paper media (film, magnetic
tape, diskette, etc.) or any document that cannot be reproduced
on a standard office copier, actual direct cost; and
(9) For copies of reports, maps, reference aids, and other
Agency publications, actual costs.
(h) Inasmuch as the Agency's systems of records are highly decentralized,
several computer searches may be required to process a request, depending upon
its scope. The computer search costs given in subparagraph (g)(4)-(6) of this
section, do not include whatever professional/non-professional search time is
needed to determine whether the records located are in fact responsive to the
reauest.
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STAT
(i) Search fees are assessable even when no records pertinent to the
requests, or no releaseable records are found, provided the requester has been
advised of this fact and he has, notwithstanding, agreed to incur the costs of
search. Individuals associated with or otherwise making requests on behalf of
any organization or other entity or person shall be jointly and severally
liable with such party for all applicable search, review, and reproduction
costs incurred.
(j) For requests which have accrued search and duplication fees in excess
of $250.00, or where there is reasonable evidence that the requester may
possibly fail to pay the accrued fees, then, at the discretion of the
Coordinator, the requester may be required to pay the accrued search and
duplication fees prior to the actual delivery of the requested records;
otherwise, the requester shall be billed for such fees at the time the records
are provided. Payment shall be remitted by check or money order, made payable
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in U.S. dollars to the Treasurer of the United States, and shall be sent to
the Coordinator. No appeals shall be accepted or any additional records
services provided to the requester or associated requester until the requester
and associated requesters have paid all outstanding charges for services
rendered under this CFR Part or corresponding CFR Part for other government
agencies or departments. In cases of requesters associated with, acting in
concert with, or on behalf of any other individual or organization, such
requesters, individuals and organizations shall be jointly and severally
liable for all applicable charges.
(k) With the exception of requesters seeking documents for a commercial
use, Section (4)(A)(iv) of the Freedom of Information Act, as amended,
requires agencies to provide the first 100 pages of duplication and the first
two hours of search time without charge. Moreover, this section prohibits
agencies from charging fees to any requester, including commercial use
requesters, if the cost of collecting a fee would be equal to or greater than
the fee itself. These provisions work together, so that, except for
commercial use requesters, the Agency will not begin to assess fees until
after providing the specified free search and reproduction. If the amount of
the chargeable fees is equal to or less than the cost of the Agency of billing
the requester and processing the fee collected, no charges would result. The
elements to be considered in determining the "cost of collecting a fee" are
the administrative costs to the Agency of receiving and recording a
requester's remittance, and processing the fee for deposit in the Treasury
Department's special account. The per?transaction cost to the Treasury to
h remittances will not be considered in the Agency's determination.
(1) For purposes of these restrictions on assessment of fees,
the word "pages" refers to paper copies of a standard Agency size
which will normally be "8-1/2 x 11" or "11 x 14." Thus, requesters
would not be entitled to 100 microfiche or 100 computer diskettes,
for example, but rather such microfiche, diskettes, or other
computer output having a dollar value equivalent to 100 pages of
paper copies (i.e., $10.00).
(2) Similarly, the term "search time" in this context has, as
its basis, manual search. To apply this term to searches made by
computer, the Agency will provide computer searches under
?1900.25(c)(4)?(6) having a dollar value equivalent to two (2) hours
of professional search time (i.e., $36.00).
(h) _There are four categories of FOIA requesters: (1) commercial use
equesters; (2) educational and non?commercial scientific institution;
3) representatives of the news media; and, (4) all other requesters. The
FOIRA prescribes specific levels of fees for each of these categories:
(1) "Commercial Use" Requesters: When the Agency receives a
request for documents for commercial use, it will assesir. .41.11,10
which recover the full direct costs of searching for, eviewing f r
release, and duplicating the records sought. Requeste s m
reasonably describe the records sought. Commercial use requesters
are not entitled to two hours of free search time nor 100 free pages
of reproduction of documents. The Agency will recover the cost of
searching for and reviewing records even if there is ultimately no
disclosure of records.
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(2) "Educational and Non-commercial Scientific Institution"
Requesters: The Agency will provide documents to requesters in this
category for the cost of reproduction alone, excluding charges for
the first 100 pages. To be eligible for inclusion in this category,
requesters must show that the request is being made as authorized by
and under the auspices of a qualifying United States institution and
that the records are not sought for commercial use, but are sought
in furtherance of scholarly (if the request is from an educational
institution) or scientific (if the request is from a non-commercial
scientific institution) research. Requesters must reasonably
describe the records sought.
(3) "Representatives of the News Media" Requesters: The Agency
shall provide documents to requesters in this category for the cost
of reproduction alone, excluding charges for the first 100 pages.
To be eligible for inclusion in this category, a requester must meet
the criteria in ?1900.3(q), and his or her request must not be made
for a commercial use. In reference to this class of requester, a
request for records supporting the news dissemination function of a
requester shall not be considered to be a request that is for
commercial use provided that the requester meets the requirements
specified in ?1900.3(q). Requesters must reasonably describe the
records sought.
(4) "All Other" Requesters: FOIA requesters who do not fit in
any of the categories above will be charged fees which recover the
full reasonable direct cost of searching for and reproducing records
that are responsive to the request, except that the first 100 pages
of reproduction and the first two hours of search time shall be
furnished without charge. Moreover, requesters asking for records
about themselves will continue to be treated under the CIA fee
provisions of the Privacy Act of 1974 which permit access to records
without charge.
Processing Freedom of Information and Executive Order Communications
?1900.31 Screening communications.
(a) If any Agency employee receives a written communication which the
employee believes to be an apparent or intended communication under the
Freedom of Information Act or the mandatory declassification review provisions
of Executive Order 12356, he shall expeditiously transmit the communication to
the Coordinator.
(b) Upon receipt of a communication in accordance with ?1900.11 or
paragraph (a) of this section, the Coordinator shall promptly consult with
such Agency components as he may deem appropriate and:
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(1) Determine the nature of the communication -- an expression
AYF interest (?1900.33), a request (?1900.35) or other, and
(2) If he determines the communication to be an intended
expression of interest or intended request, he shall further
determine whether it fails to qualify as an expression of interest
or request only because it fails to reasonably describe the records
of interest.
(c) The Coordinator thereupon shall take the appropriate one of the
following actions.
(1) If he determines that the communication was not an intended
expression of interest or an intended request, he shall take such
action with respect to the communication as he may deem appropriate.
(2) If he determines that the communication was an intended
expression of interest or an intended request but failed to
reasonably describe the records of interest, he shall so inform the
originator of the communication promptly, in writing, and he may
offer to assist the originator in revising and perfecting the
description of the records of interest.
(3) The Coordinator shall determine whether any communication
not acted on under subparagraph (1) or (2) is an expression of
interest, or is a request made in accordance with published rules
stating the procedures to be followed, as required by subsection
(a)(3) of the Freedom of Information Act or Executive Order 12356.
The Coordinator's determination in this regard shall be based on and
shall reflect the clear intent of the originator of the
communication insofar as the Coordinator is able to determine that
intent. When the originator's intent is not apparent to the
Coordinator and when the Coordinator deems it desirable and
feasible, he shall promptly communicate with the originator in order
to ascertain the latter's intent. In this and any cases where
additional information is required, the request will be cancelled
after 60 days if no reply is received.
(d) The Coordinator shall inform the requester, in writing, of his
determination made under subparagraph (c)(3) and, in the case of a
determination that the communication is a request, of the date of acceptance.
The search conducted pursuant to that request shall be for records in
existance as of and through the acceptance date. Such notification shall be
given promptly and, in any case, within five work days of the date of such
determination. The ten work days within which the Agency must determine
whether to comply with a request, as provided by subsection (a)(6)(A)(i) of
the Freedom of Information Act, shall begin as of the acceptance date.
(e) The Coordinator shall promptly process under the procedures specified
by ?1900.33 those communications which he determines to be expressions of
interest. He shall promptly process under the procedures specified by
?1900.35 those communications which he determines to be requests.
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1900.33 Processing expressions of interest.
(a) Upon determining, in accordance with paragraph (c)(3) of ?1900.31,
that a communication is an expression of interest, and after promptly
consulting with such Agency components as he may deem appropriate, the
Coordinator, to the extent feasible, shall determine the applicable search,
review (if applicable), and, duplication charges likely to be incurred in
processing the potential request. In determining such charges, the
Coordinator shall take into account the nature and quantity of the work and
services of people and computers and other equipment which may be required,
and the applicable rates set out in the fee schedule prescribed by
?1900.25(g). If feasible at this stage, the Coordinator also shall determine
whether to waive or reduce the fee in accordance with paragraph ?1900.25(a).
(b) The Coordinator thereupon shall advise the potential requester, in
writing, of the likely charges and he shall make clear that the amounts
indicated are estimates only, if such be the case, and, if there is a
possibility that the charges to be incurred may be greater than the estimate,
he shall so inform the potential requester. If the amounts indicated are not
estimates but are the amounts which in fact are to be charged if the potential
requester makes a request, he shall inform the potential requester of that
fact. In either event, he shall also inform the potential requester that
search charges will be levied upon the requester even if no records fitting
the description are located or if any or all records which do fit the
description are denied the requester.
(c) When he deems it appropriate or when the potential requester so
requests, the Coordinator may assist the requester in determining whether and,
if so, how to revise the description of the records of interest so as to cause
or permit a reduction in the likely applicable charges.
(d) Upon receipt of such estimate and advice concerning likely charges,
the potential requester may:
(1) In accordance with ?1900.11, submit a request for records,
either the records of interest indicated in his expression of
interest or records encompassed in a modified description;
(2) Advise the Coordinator that he does not intend to request
records; or
(3) Take no additional action.
(e) If, as a result of his consultations with the Coordinator or
otherwise, the potential requester wants to request records additional to
or other than those described in his expression of interest, he may submit
an expression of interest with respect to such records, in accordance with
?1900.33 or a request for such records in accordance with ?1900.35.
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STAT
1900.35 Processing requests for records.
(a) Upon determining that a communication is a request for records, the
Coordinator, after consulting with such Agency components as he may deem
appropriate, shall promptly transmit a copy of the request to the component or
components believed to be a logical repositor of responsive records, inform
the components of the date of receipt of the request as determined by him
pursuant to ?1900.31(c)(3), and alert the components to the action required of
them by ??1900.41-47 with respect to the request. Requests will be handled
with each component on a first-received, first-answered basis. In those
components where the the volume of pending, highly-complex ("project")
requests has substantially impeded the processing of other smaller requests,
the Coordinator may direct the establishment of a dual-queue system in order
to ensure that both regular and project requests receive appropriate and
equitable processing.
(b) Notwithstanding paragraph (a) of this section, the Coordinator may
determine that there is no basis for searching for the requested records or
that the Agency's required response to the request obviates the need to
conduct any search (since the fact of the existence or non-existence of
records responsive to the request would itself be classified or since the
information requested is specifically exempt from required disclosure by
50 U.S.C. ?403(d)(3), 50 U.S.C. ?403g, or other applicable statute). Whenever
the Coordinator makes such a determination, he shall respond to the requester
accordingly, and the requirements of paragraph (a) of this section and of
??1900.41 through 1900.43 shall not apply as to that particular request.
ctions on Requests
1900.41 Searching for requested records.
(a) Upon receipt of a copy of a request and the tasking pursuant to
?1900.35, the components which are logical repositories of the requested
records (hereinafter the "cognizant components"), shall, with such assistance
as may be appropriate from the Coordinator and from such reference, indexing
or filing aids as available, undertake to locate the requested records from
all files except those designated by the Director of Central Intelligence as
exempt from search pursuant to the CIA Information Act, 50 U.S.C. ?431.
(b) If no records described by the requests are located, the cognizant
components shall inform the Coordinator who shall promptly inform the requester
in writing. The Coordinator also shall determine the charges, if any, for
which the requester shall be liable, in accordance with the fee schedule and
provisions of ?1900.25. He shall inform the requester of the amount charged,
explain the basis of computation, and request prompt payment thereof.
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1900.43 Reviewing records.
(a) The cognizant components shall review any located records in
accordance with the provisions of the Freedom of Information Act and Executive
Order 12356 and on the basis of other applicable law, regulations and policy,
and determine which, if any, requested records, or reasonably segregable
portions of records, are to be furnished the requester and which are to be
denied or withheld. Any decision to furnish or to deny or withhold requested
records shall be made only by employees and officials to whom authority to
make such decisions has been duly delegated.
(b) In the event an Agency component believes that located records ?
require review by another CIA component or another agency, it shall forward
such records to the Coordinator who shall expeditiously coordinate such review.
(c) In the event located records are determined to have originated with
another government agency, the Coordinator shall expeditiously forward such
records or a description thereof to the originating agency for their
determination.
STAT
(d) Pursuant to subsection 3.4(f)(1) of Executive Order 12356, this
gency shall refuse to confirm or deny the existence or non-existence of
information requested whenever the fact of its existence or non-existence is
itself classifiable under this Order.
,1900.45 Expeditious action; extension of time.
(a) Concerning Freedom of Information Act requests, whenever feasible
under the standards prescribed by ?1900.47, the search and review functions
prescribed by ??1900.41 and 1900.43 and notice to the requester of the Agency
action on the request, as prescribed by ?1900.49(a), shall be completed within
ten days of the date of Agency receipt of the request as determined by the
Coordinator pursuant to ?1900.31(c)(3). Whenever the Coordinator determines
that "unusual circumstances" as defined by subsection (a)(6)(B) of the Freedom
of Information Act exist, he may, by written notice to the requester,
authorize an additional period for completion of Agency action, but no such
extension shall be for more than ten work days. His notice shall also set
forth the reasons for the extension.
(b) In addition to the foregoing, additional extensions of time may be
authorized under the authority and within the strictures of Open America v.
Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976).
(c) Concerning mandatory declassification review requests, Agency
responses shall be governed by the amount of search and review time required
to process the request under ??1900.41 and 1900.43. If unusual circumstances
prevent a final Agency determination from being reached within one year of the
date of receipt, the Agency shall inform the requester of the additional time
needed to process the request.
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'1900.47 Allocation of manpower and resources; agreed extension of time.
(a) Agency components shall devote such manpower and other resources to
searching for, locating and reviewing records in accordance with ??1900.41 and
1900.43 as may be appropriate and expedient in the circumstances, taking into
account:
(1) The manpower and resources available for those purposes;
(2) The right of a requester submitting a request under the
Freedom of Information Act to resort to litigation if the Agency
decision on the request is not made within ten work days; and
(3) All functions, duties and responsibilities assigned to
those components by, or pursuant to, a law.
(b) The responsible components shall consult with the Coordinator with
regard to the need to allocate resources and establish priorities, and the
latter with the requester, as may be appropriate, in order to accomplish such
arrangements and agreements with the requester as may be acceptable to the
requester concerning the Agency's efforts and ability to act on his request
expeditiously. In particular, when the Coordinator deems it feasible and of
possible benefit to the requester, the public, or the Agency, he shall inform
the requester that more thorough or extensive search or review, or both, could
be accomplished, which might be of benefit to the requester, if additional
time were to be available. When appropriate in such cases, the Coordinator
shall also advise the requester of the effect on charges and fees such
additional search might cause. Any extensions arranged or agreed to under
this section may be in addition to any extensions under ?1900.45.
1900.49 Notification and payment; furnishing records.
(a) The Coordinator shall promptly inform the requester, in writing,
which of the requested records, or portions thereof, if any, are to be
furnished the requester and those, if any, which are denied, as determined
pursuant to ?1900.43(a). With respect to the latter, he shall also explain
the reasons for the denial and he shall furnish the names and titles or
positions of the persons responsible for the decision to deny access.
(b) Upon receipt of payment of all fees and charges, or upon the
completion of arrangements satisfactory to the Coordinator that payment will
be made promptly, the Coordinator shall promptly prepare copies of the
records, or portions of records, which are to be made available and transmit
them to the requester. The Coordinator shall do likewise with respect to any
records or portions of records made available to a requester by the action of
the Central Intelligence Agency Information Review Committee under ?1900.51(e).
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STAT
(c) As an alternative to any requester receiving any records from the
Agency by mail, a requester may arrange to inspect the records at a CIA
Reading Room in the metropolitan Washington, D.C. area. The Coordinator will
designate a Reading Room for the purpose of records inspection, and the
requester may select whatever records the requester wishes to purchase at a
cost set forth in ?1900.25. Access to the Reading Room will be granted only
after the fees that accumulated from the search (and review if applicable) to
produce the requested records have been paid, or waived by the Coordinator
pursuant to ?1900.25(a). Upon receipt of a written statement from the
requester exercising this option, the Coordinator will advise the requester of
the location of the Reading Room and provide directions thereto. Records that
the Agency will release will be available for inspection in the Reading Room
on a date or dates mutually agreed upon by the Coordinator and the requester,
not more than seven days from the Agency's receipt of the written request or
from completion of the processing of the request for records, whichever is
later. The requester may agree to a date or dates more than seven days from
such time. On the days the Reading Room is open, it will be available to
requesters from 9:30 a.m. to 3:30 p.m.
Appeals
?1900,51 Appeals to CIA Information Review Committee,
(a) Establishment of Committee. The CIA Information Review Committee is
hereby established pursuant to the Freedom of Information Act and ?3.4(d) of
Executive Order 12356. The Committee shall be composed of the Deputy Director
for Administration, the Deputy Director for Operations, the Deputy Director
for Science and Technology, the Deputy Director for Intelligence, and the
Inspector General. The Director of Central Intelligence shall appoint a
Chairman. The Committee, by majority vote, may delegate to one or more of its
members the authority to act on any appeal or appeals under this section, and
may authorize the Chairman to delegate such authority. The Chairman may
appoint an Executive Secretary and delegate such authorities as he deems
appropriate; in the absence of such an appointment, he shall exercise any
delegated or assigned functions himself. The Chairman may call upon
appropriate components to participate when special equities or expertise are
involved.
(b) Right of appeal; Notice. Whenever access to any requested record or
any portion thereof is denied, the requester shall be apprised, in writing, of
his or her right to appeal the denial to the CIA Information Review Committee
through the Coordinator.
(c) Appeal procedures. Any such appeal or request to the Committee shall
be in writing, addressed to the Coordinator. The appeal or request may
present such information, data, and argument in support thereof as the
requester may desire. The Committee shall not permit a requester or his
representative to appear before the Committee or to make an oral presentation.
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No appeal shall be accepted if the requester or associated requester has
outstanding record service charges with the CIA or other federal government
agency or department.
(d) Time for appeal; expiration of appeal. An appeal under the Freedom
of Information Act shall be exercised within thirty days of the date of
receipt of notification of the right to appeal and the right of appeal shall
cease as of the expiration of that period. But the Committee, for good cause
shown, may permit an additional thirty days for the submission of an appeal.
Pursuant to the mandatory declassification review provisions of Executive
Order 12356, an administrative appeal must be filed within sixty days of
receipt of the denial of the initial request.
(e) Committee action on appeals and requests:
(1) The Committee shall promptly consider any appeal, together
with any submissions in support thereof, and shall grant or deny the
appeal or take such other action thereon as it may deem appropriate.
The Committee's review, decision and action shall be based on and
shall be in conformance with the Freedom of Information Act,
Executive Order 12356 and other applicable law, directives,
regulations and policy.
(2) The Committee shall promptly consider any requests under
Executive Order 12356 for declassification under paragraph (a) of
this section and shall declassify any such records or reasonably
segregable portions or coherent segments of such records as it deems
appropriate in accordance with Executive Order 12356.
(3) Committee action on appeals of FOIA determinations shall be
completed within twenty work days of receipt of the appeal, and
appeal of mandatory declassification review determinations shall be
completed within thirty (30) workdays, except that the Committee may,
in accordance with the provisions of ?1900.45, avail itself of an
additional period of time for completion of its work on the appeal.
But no such extension shall be available with respect to an appeal of
a denial of a request which was the subject of an extension of time
for Agency action by the Coordinator under this Part. In the event
that the Committee is unable to complete its review of an appeal
within the time prescribed by this subsection, it shall so advise the
requester.
(4) Concerning appeals under the FOIA, the Committee shall
promptly inform the requester of its determination(s) and, with
respect to any decision to withhold or deny records, it shall
identify the officer responsible therefore. If any record or portion
thereof is denied the requester by the Committee's action, the
Committee shall also inform the requester of the provision for
judicial review of that determination under subsection (a)(4) of the
Freedom of Information Act.
(5) Concerning appeals under the mandatory declassification
review provisions of Executive Order 12356, Committee decisions are
final and no right of judicial review exists.
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Miscellaneous
1900.61 Access for historical research.
(a) Any person engaged in a historical research project may submit a
request, in writing, to the Coordinator to be given access to information
classified pursuant to an Executive Order for purposes of that research. Any
such request shall indicate the nature, purpose, and scope of the research
project. It is the policy of the Agency to consider applications for
historical research privileges only in those instances where the researcher's
needs cannot be satisfied through requests for access to reasonably described
records under the Freedom of Information Act or Executive Order 12356.
(b) The Coordinator may authorize access, under such conditions and at
such time and place as he may deem feasible. But the Coordinator shall
authorize access only with respect to documents and records prepared or
originated not less than ten years prior to the date of such requests and only
upon the prior written approval by the CIA Director of Security of a current
security clearance of the requester and of persons associated with him in the
project, in accordance with applicable executive orders, regulations, and
directives, and upon the Coordinator's further determination that:
(1) A serious professional or scholarly research project is
contemplated;
(2) Such access is clearly consistent with the interests of
national security;
(3) Appropriate steps have been taken to assure that classified
information will not be published or otherwise compromised;
(4) The information requested is reasonably accessible and can
be located and compiled with a reasonable amount of effort.
(5) The historical researcher agrees to safeguard the
information in a manner consistent with Executive Order 12356, and
signs an agreement to safeguard the classified material to which
access is granted in accordance with Agency security requirements; and
(6) The historical researcher agrees to authorize a prior
review of his notes and manuscript by the Agency for the sole purpose
of determining that no classified information is contained therein.
(c) An authorization shall be valid for the period required for the
research project as the Coordinator may determine, but in no event for more
than two years. But upon renewed request in accordance with paragraph (a) of
this section, authorization may be renewed in accordance with paragraph (b) of
this section and this paragraph.
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(d) The Coordinator shall cancel any authorization whenever the Director
of Security cancels the security clearance of the requester or of any person
associated with the requester in the research project or whenever the
Coordinator determines that continued access would not be in compliance with
one or more of the requirements of paragraph (b) of this section.
? 1900.63 Suggestions and complaints.
Any person may direct any suggestion or complaint with respect to the CIA
administration of Executive Order 12356 to the CIA Information Review
Committee. The Committee shall consider such suggestions and complaints and
shall take such action thereon as it may deem feasible and appropriate.
APPROVED:
William F. Donnelly Date
Deputy Director for Administration
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?
ISD/MG/OITIlss/22 November 1987
Distribution:
Orig + 3 - CFR
1 - ISD Subject
1 - ISD Chrono
1 - LSS Signer
1 - C/LD/OGC
5 - Each Member of IRC
(DDO, DDA, DDS&T, DDI, IG)
5 - Each Directorate IRO
(DDO, DDA, DDS&T, DDI, DCI)
5 - Each Independent F?I0
(OGC, OCA, PAO, WCompt; IC Staff)
1 - D/OIT
1 - DD/OIT
1 - C/MG/OIT
1 - ISD Legal Counsel
1 - LSS Signer
Library: IPD
ID# 656
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'
ISD/MG/OIT/lss/22 November 1987
Distribution:
Orig + 3 - CFR
1 - ISD Subject
1 - ISD Chrono
1 - LSS Signer
1 - C/LD/OGC
5 - Each Member of IRC
(DDO, DDA, DDS&T, DDI, IG)
5 - Each Directorate IRO
(DDO, DDA, DDS&T, DDI, DCI)
,5 - Each Independent FOIO
(OGC, OCA, PAO, 0/Compt, IC Staff)
1 - D/OIT
1 - DD/OIT
1 - C/MG/OIT
1 - ISD Legal Counsel
1 - LSS Signer
Library: IPD
ID# 656
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