FREEDOM OF INFORMATION ACT ANNUAL REPORT TO THE CONGRESS FOR THE YEAR 1987

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R000100010004-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 20
• Document Creation Date: December 23, 2016
• Document Release Date: December 28, 2012
• Sequence Number: 4
• Publication Date: February 29, 1988
• Content Type: REPORT

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Central intelligence Agency
The Honorable James C. Wright
Speaker of the House of Representatives
Washington, DC 20515
FEB 1988
Submitted herewith, pursuant to the provisions of 5 U.S.C. ?552(d), is the
report of the Central Intelligence Agency concerning its administration of the
Freedom of Information Act (FOIA) during calendar year 1987.
This year we continued our record of achievements notwithstanding a
notable increase in requests received and the demands imposed by other
legislative and executive requirements. In particular, a key element in
our present as well as future progress was the merger of our FOIA and
classification review staffs into one unit, responsible to one manager,
which has served to centralize and expedite the processing of all categories
of requests. The results of this merger and our commitment to efficient
processing of information requests is demonstrated by our present median
response time of 1.49 months which compares very favorably with the 3.24
months reported for 1986, and which is a considerable improvement over the
9.2 months reported in October 1985, when this calculation was first made.
The results of our efforts to complete the older cases have also been
gratifying; only 125 of the cases received before 1986 remain in process.
All 1975, 1976, and 1977 cases have been completed, and only two 1978 and six
1979 cases remain open. These are massive, but we hope to complete them in
1988. In fact, to illustrate the currency of our processing, 74% of our 1987
workload was received during that year.
As noted, new requests increased more than 7% over 1986 (3324 compared
with 3094 during the previous year). Of these 3324 cases, 1655 were FOIA
requests, 1412 were "my file" requests under the Privacy Act (PA), and 257
were mandatory review requests under Executive Order (EO) 12356. In addition
to this increase, an additional requirement was the workload imposed on our
records officers throughout the Agency by the four separate legal and
congressional inquiries relating to the Iran/Contra matter. As would be
expected, the officers qualified to conduct these massive records searches and
reviews were primarily those individuals normally responsible for FOIA and PA
matters. And, in many components, those same officers are responsible for the
conduct or support of on-going intelligence activities. As a result, our
workload increased by 279 cases notwithstanding the fact that we closed 3045
cases. A more detailed tabulation of our workload can be found in Tab A.
Processing of administrative appeals was influenced by the same two
factors as were initial requests--increased numbers of new appeals and reduced
manpower available to process them. There were 172 new appeals received in
1987; with the completion of 134, we ended the year with 204 open appeals as
compared to 166 at the end of 1986. These figures include FOIA, PA, and
mandatory review cases, like the initial processing figures cited earlier.
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During 1987 our manpower input to FOIA/PA/EO processing was 94 manyears --
a level somewhat below that of recent years for reasons discussed earlier in
paragraph three. This continues to represent a significant burden to the
Agency in terms of both personnel and funds diverted from our primary
mission. This is true for two reasons. First, even with the passage of the
CIA Information Act and the exemption of operational files, operational
documents found in other files must be reviewed for release by professional
officers working on the area concerned. This means that they must be diverted
from their intelligence duties to conduct the review. Second, discounting
expenditures for space, equipment, and overtime differential, all of which
remain high, the expenditure of funds continued at about the same level as in
1986. Since 1975 we estimate that the Agency has spent over $39.5 million in
personnel costs alone for processing information requests -- $22.9 million for
FOIA. Although we are allowed under FOIA to charge fees for records searches
and duplication, these fees are inadequate for recovering even a small portion
of the costs. The Agency, since 1975, has collected only $107,723 in fees.
When compared with funds expended for administering the FOIA, this continues
to represent a return of only one-half cent on the dollar. Because of the fee
waiver provisions in the Freedom of Information Reform Act, passed in late
1986, the Agency collected only $2,637 in fees during 1987--about half the
amount collected in 1986.
During 1987 we continued to benefit from the effects of the CIA
Information Act. First, we have been able to concentrate our efforts
more productively on potentially releasable records to the benefit of
the requesters. Second, and more importantly, the time formerly spent
in searching for and processing sensitive operational files can now be
devoted to other requests and to carrying out the Agency's primary missions.
We are encouraged by the continued improvement in our processing procedures,
which shows in our response time and the currency of our workload, and will
make every effort to show further improvement during CY 1988.
L
STAT
R. M. Huffstutler
Deputy Director
for
Administration
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Central Intelligence Agency
'19 FB 199$
The Honorable George Bush
President of the Senate
Washington, DC 20510
Submitted herewith, pursuant to the provisions of 5 U.S.C. ?552(d), is the
report of the Central Intelligence Agency concerning its administration of the
Freedom of Information Act (FOIA) during calendar year 1987.
This year we continued our record of achievements notwithstanding a
notable increase in requests received and the demands imposed by other
legislative and executive requirements. In particular, a key element in
our present as well as future progress was the merger of our FOIA and
classification review staffs into one unit, responsible to one manager,
which has served to centralize and expedite the processing of all categories
of requests. The results of this merger and our commitment to efficient
processing of information requests is demonstrated by our present median
response time of 1.49 months which compares very favorably with the 3.24
months reported for 1986, and which is a considerable improvement over the
9.2 months reported in October 1985, when this calculation was first made.
The results of our efforts to complete the older cases have also been
gratifying; only 125 of the cases received before 1986 remain in process.
All 1975, 1976, and 1977 cases have been completed, and only two 1978 and six
1979 cases remain open. These are massive, but we hope to complete them in
1988. In fact, to illustrate the currency of our processing, 74% of our 1987
workload was received during that year.
As noted, new requests increased more than 7% over 1986 (3324 compared
with 3094 during the previous year). Of these 3324 cases, 1655 were FOIA
requests, 1412 were "my file" requests under the Privacy Act (PA), and 257
were mandatory review requests under Executive Order (EO) 12356. In addition
to this increase, an additional requirement was the workload imposed on our
records officers throughout the Agency by the four separate legal and
congressional inquiries relating to the Iran/Contra matter. As would be
expected, the officers qualified to conduct these massive records searches and
reviews were primarily those individuals normally responsible for FOIA and PA
matters. And, in.many components, those same officers are responsible for the
conduct or support of on-going intelligence activities. As a result, our
workload increased by 279 cases notwithstanding the fact that we closed 3045
cases. A more detailed tabulation of our workload can be found in Tab A.
Processing of administrative appeals was influenced by the same two
factors as were initial requests--increased numbers of new appeals and reduced
manpower available to process them. There were 172 new appeals received in
1987; with the completion of 134, we ended the year with 204 open appeals as
compared to 166 at the end of 1986. These figures include FOIA, PA, and
mandatory review cases, like the initial processing figures cited earlier.
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During 1987 our manpower input to FOIA/PA/EO processing was 94 manyears --
a level somewhat below that of recent years for reasons discussed earlier in
paragraph three. This continues to represent a significant burden to the
Agency in terms of both personnel and funds diverted from our primary
mission. This is true for two reasons. First, even with the passage of the
CIA Information Act and the exemption of operational files, operational
documents found in other files must be reviewed for release by professional
officers working on the area concerned. This means that they must be diverted
from their intelligence duties to conduct the review. Second, discounting
expenditures for space, equipment, and overtime differential, all of which
remain high, the expenditure of funds continued at about the same level as in
1986. Since 1975 we estimate that the Agency has spent over $39.5 million in
personnel costs alone for processing information requests -- $22.9 million for
FOIA. Although we are allowed under FOIA to charge fees for records searches
and duplication, these fees are inadequate for recovering even a small portion
of the costs. The Agency, since 1975, has collected only $107,723 in fees.
When compared with funds expended for administering the FOIA, this continues
to represent a return of only one-half cent on the dollar. Because of the fee
waiver provisions in the Freedom of Information Reform Act, passed in late
1986, the Agency collected only $2,637 in fees during 1987--about half the
amount collected in 1986.
During 1987 .we continued to benefit from the effects of the CIA
Information Act. First, we have been able to concentrate our efforts
more productively on potentially releasable records to the benefit of
the requesters. Second, and more importantly, the time formerly spent
in searching for and processing sensitive operational files can now be
devoted to other requests and to carrying out the Agency's primary missions.
We are encouraged by the continued improvement in our processing procedures,
which shows in our response time and the currency of our workload, and will
make every effort to show further improvement during CY 1988.
STAT
Huffstutler
Deputy Director
for
Administration
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FREEDOM OF INFORMATION ACT
ANNUAL REPORT TO THE CONGRESS FOR THE YEAR 1987
1. Total number of initial determinations not to comply with a request for
records made under subsection 552(a): 702
There were 594 other FOIA cases in which the requesters were neither given
access to nor denied the records sought. None of these cases was regarded as
a denial, however, inasmuch as the Agency was either prepared to act upon the
request or there proved to be no records to act upon. Accordingly, these 594
have not been included in the 702 figure provided in answer to question No. 1
above. In 119 instances, our searches uncovered no records relevant to the
request. In 4 other cases, we found no CIA-originated records, but did locate
in our files pertinent documents created by another agency, which were
subsequently referred to the agency of origin for review and direct response
to the requesters. There were 120 instances in which the information
requested was not related to the CIA's activities, and the requester was thus
referred to the agency or agencies having cognizance over the records. In 2
cases, requesters appealed on the basis of our failure to respond within the
statutory deadline; in another 4 cases, the requesters chose not to exercise
their right to administrative appeal and went directly into litigation for the
same reason. In each of these instances, therefore, the initial processing of
the requests progressed into the Agency's appellate or litigation channels.
Eight requests were withdrawn by the requesters after processing had
commenced, but before action on them could be completed. Finally, 337 cases
were canceled by the Agency because of the failure of requesters to respond to
letters asking for clarification, additional identifying information,
notarized releases from third parties, fee payments, fee deposits, or written
commitments that all reasonable search and/or copying fees would be paid, etc.
2. Authority relied upon for each such determination:
(a) Exemptions in 552(b):
Number of times (i.e.,
Exemption involved requests) invoked
(b) (1) 628
(b) (2) 3
(b) (3) 613
(b) (4) 4
(b) (5) 22
(b) (6) 33
(b) (7) 5
(b) (8) 0
(b) (9) 0
(b) Statutes invoked pursuant to Exemption No. 3:
Number of times (i.e.,
Statutory citation requests) invoked
50 U.S.C. 403(d)(3) 613
and/or 50 U.S.C. 403g
(c) Other authority: None
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3. Appeal Determinations:
(a) Total number of administrative appeals from adverse initial
decisions received in 1987 made pursuant to subsection (a)(6): 143
(b) Number of all appeals closed in
1987
in
which,
request for information was granted in full:
None
(c) Number of all appeals closed in
1987
in
which,
request for information was denied in full:
60
upon review,
upon review,
(d) Number of all appeals closed in 1987 in which, upon review,
request was denied in part: 15
4. Authority relied upon for each such appeal determination:
(a) Exemptions in 552(b):
Number of times (i.e.,
Exemption invoked appeals) invoked
(b) (1) 70
(b) (2) 1
(b) (3) 71
(b) (4) 0
(b) (5) 4
(b) (6) 5
(b) (7) 5
(b) (8) 0
(b) (9) 0
(b) Statutes invoked pursuant to Exemption No. 3:
Number of times (i.e.,
Statutory citation appeals) invoked
50 U.S.C. 403(d)(3) 71
and/or 50 U.S.C. 403g
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5. Names and titles of those persons who, on appeal, were responsible for the
denial in whole or in part of records requested and the number of instances or
participation of each:
Donnelly, William F.
Kerr, Richard J.
Hauver, Carroll L.
George, Clair E.
Hineman, Richard E.
Doherty, David P.
Former Deputy Director
for Administration
Deputy Director.for
Intelligence
Former Deputy Director
for Operations
Deputy Director for
Science and Technology
No. of instances
of participation
6. Provide a copy of each court opinion or order giving rise to a proceeding
under subsection (a)(4)(F), etc.: None
7. Provide an up-to-date copy of all rules or regulations issued pursuant to
or in implementation of the Freedom of Information Act (5 U.S.C. 552):
Handbook) submitted with the 1983 report is still valid. See Tab
B for new CFR regulations.
8. Provide separately a copy of the fee schedule adopted and the total dollar
amount of fees collected for making records available:
The total amount collected and transmitted for deposit in the U.S.
Treasury during 1987 was $2637.00.
STAT
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9. (a) Availability of records:
. As the CIA does not promulgate materials as described in 5 U.S.C.
552(a)(2) (A)-(C), no new categories have been published.
In the case of each request made pursuant to the Freedom of
Information Act, all reasonably segregable portions of records are released.
(b) Costs:
A total of 170,436 actual man-hours of labor was devoted during
calendar year 1987 to the processing of Freedom of Information Act, Privacy
Act, and mandatory classification review requests, appeals, and litigations.
Taking into account leave and holidays, this would equate to approximately 94
full-time personnel. We estimate the average grade for professional employees
at GS-12/7, and for non-professional employees at GS-07/6. The funds expended
during calendar year 1987 on personnel salaries, if overtime payments are
ignored, would thus amount to $3.2 million. If fringe benefits such as
retirement and hospitalization are factored in as amounting to 10 percent of
the salaries, the total personnel costs come to $3.5 million. Of this total,
approximately $2.2 million can be attributed to the Freedom of Information Act.
(c) Compliance with time limitations for Agency determinations:
(I) Provide the total number of instances in which it was necessary to
seek a 10-day extension of time: None
The Agency's processing backlogs have been such that in almost all
instances the deadlines for responding to requests and appeals expired prior
to our actually working on them. We were seldom in a position, for that
reason, to assert that any of the three conditions upon which an extension
must be based existed. We have, accordingly, explained the problem to
requesters and appellants and apprised them of their rights under the law.
(II) Provide the total number of instances in which court appeals were
taken on the basis of exhaustion of administrative procedures because the
Agency was unable to comply with the request within the applicable time
limits: 2
(III) Provide the total number of instances in which a court allowed
additional time upon a showing of exceptional circumstances, together with a
copy of each court opinion or order containing such an extension of time: None
(d) Internal Memoranda: None
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FOIA
PA
EO*
TOTALS
%
Workload:
Cases carried over
from 1985
658
341
176
1175
(26.1)
Cases logged
during 1986
1655
1412
257
3324
(73.9)
Totals
2313
1753
433
4499
Actions taken:
Granted in full
291
376
50
717
(23.5)
Granted in part
294
218
112
624
(20.5)
Denied in full
408
106
55
569
(18.7)
No records found
119
476
0
595
(19.5)
No CIA records found
4
8
0
12
( 0.4)
Canceled
337
39
4
380
(12.5)
Withdrawn
8
4
0
12
( 0.4)
Referred elsewhere
120
7
1
128
( 4.2)
Early appeal
2
0
0
2
( 0.1)
Early litigation
4
2
0
6
( 0.2)
Totals:
1587
1236
222
3045
(100.0)
Cases carried over
to 1987
726
517
211
1454
Change in workload
+68
+176
+35
+279
(+23.7)
*These are requests processed under the mandatory classification review
provision of Executive Order 12356. Most of them are either referrals from
the Presidential Libraries or declassification requests from other Federal
agencies.
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18 February 1987
Ad se
DDA Subject w/report
DDA Chrono w/o
DDA/IRO w/report
ER w/report
D/OIT Subject w/report
D/OIT Chrono w/o
C/MG/OIT Subject w/report
C/MG/aIT Chrono w/o
OGC w/report
OCA w/report & tabs
DDS&T/IRO w/report
DDO/IRO w/report
DDI/IRO w/re ort
DDO/IMS
DCI/IRO w/report
ISD Chrono w/o
w/report
2 ISD Subj w/encls.
ISD Corres (Annual) w/report
STAT
STAT
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Federal Register / Vol. 52, No. 235 / Tuesday, December 8, 1987 / Rules.and Regulations
2. Paragraph (a) of ? 351.5 is amended
by the addition at the end thereof of two
sentences. As revised paragraph (a)
reads as follows:
? 351.5 (Amended]
(a) Payroll plans: Bonds may be
purchased through deductions from the
pay of employees of organizations
which maintain payroll savings plans.
The bonds must be issued by an
authorized issuing agent, whch may be
the employer organization or a financial
institution or Federal Reserve Bank or
Branch servicing that organization.
Effective February 1, 1988, bonds may
be purchased only in denominations of
$100 or higher, except that employees
who on such date are purchasing $50 or
$75 through payroll deductions will be
permitted to continue the purchases.
Although these employees may increase
the amount of their payroll deductions.
or change the inscriptions on their
existing authorizations, no new
authorizations for additional
registrations in the $50 and $75
denominations may be made.
(FR Doc. 87-28051 Filed 12-7-87; 8:45 aml
BILLING CODE 4810-10-M
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
were published in the Federal Register
of 18 May 1987 (Vol. 52. No. 95, p. 18579)
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: December 8. 1987.
ADDRESS: Lee Strickland. Information
and Privacy Coordinator, Central
Intelligence Agency, Washington. DC
20505.
FOR FURTHER INFORMATION CONTACT:
Lee S. Strickland, Information and
Privacy Coordinator, Central
Intelligence Agency, Washington. DC
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)
or Executive Order 12356 are published
in 32 CFR Part 1900. This final rule, in
part, hereby amends 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 Office of Management and
Budget (OMB) and Department of Justice
(DOJ) 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, DC 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:
PART 1900-PUBLIC ACCESS TO
DOCUMENTS AND RECORDS AND
DECLASSIFICATION REQUESTS
General
1900.1 Purpose and authority.
1900.3 Definitions.
1900.5 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 and
Executive Order Communications
1900.31 Screening communications.
1900.33 Processing expressions of 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 Appeals to CIA Information Review
Committee.
Miscellaneous
1900.61 Access for historical research.
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Federal Register/ Vol. 52, No. 235 / Tuesday, December 8, 1987 / Rules and Regulations
1900.63 Suggestions and complaints.
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 E. O. 12356.
General
? 1900.1 Purpose and authority.
The part is issued under the authority
of and in order to implement: section 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 Part
166 (1983). 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.
? 1900.3 Definitions.
For the purpose of this part, the
following terms have the meanings
indicated:
(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 section 552 of Title 5 of the
United States Code, as amended;
(e) "Executive Order" means
Executive Order 12356 (3 CFR Part 166
(1983));
(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.
(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 indices and
other finding aids. The term search is
predicated on the concept of reasonable
search as contrasted to research which
is neither required 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
distinguished 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. income
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
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46458
can demonstrate a solid basis for
expecting publication through that
organization, even though not actually
employed by it. A publication contract
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
Federal.Registerk / Vol. 52, No. 235 / Tuesday, December 8, 1987 / Rules and Regulations
institution of professional education and County, VA. Functions are channeled
an institution of vocational education and determined by regular chain-of-
which operates a degree-granting, command procedures. Except as
accredited program or programs of provided by this regulation, there are no
scholarly research in recognized fields formal or informal procedural
of study. The criteria to be met to be requirements regarding public access to
included in this category, for the Agency records. Requests and other
purposes of fee waivers, are not submittals should be addressed to:
satisfied simply by showing that the Information and Privacy Coordinator,
request is for a library or other records Central Intelligence Agency,
repository. Such requests, like those of Washington, DC 20505.
other requesters, will be analyzed to Requesting Records
identify the particular person who will
actually use the requested information ? 1900.11 Freedom of Information Act and
in a scholarly or other analytic work Executive Order 12356 communications;
and then disseminate it to the general requirements as to form.
public. (a) Any communication to the CIA or
(p) "Non-commercial scientific to the Director of Central Intelligence
institution" refers to an institution in the under the Freedom of Information Act or
United States that is not operated on a Executive Order 12356 should be
.'commercial" basis as that term is addressed to: Information and Privacy
referenced in paragraph (n) of this Coordinator, Central Intelligence
section and which is operated solely for Agency, Washington, D.C. 20505. This
the purpose of conducting natural life or address should appear on the envelope
physical sciences research the results of or other folder or package in which the
which are not intended to promote any communication is transmitted. It should
particular product or industry. also be included as the addressee of the
(q) "Representatives of the news letter or other communication or be
media" refers to any person actively clearly set forth in the text of the
gathering news for a United States communication.
entity that is organized and operated to (b) Any request for records under the
publish or broadcast news in the United Freedom of Information Act (? 1900.35).
States to the general public. The term expression of interest in requesting
"news" means information that is about records (? 1900.35) or request for
current events or that would be of declassification of records under
current interest to the general public. Executive Order 12356 (? 1900.35) shall
Examples of news media entities include be in writing and shall be addressed as
television or radio stations broadcasting prescribed by ? 1900.11(a). The
to the public at large and publishers of Coordinator may, but need not, waive
printed periodicals (but only in those the requirements as to address.
instances when they qualify as (c) The request or expression of
disseminators of "news") who make interest shall reasonably describe the
their products available for purchase or records of interest and, in the case of
subscription by the general public and mandatory declassification review,
whose products are, in fact, received by requests shall identify the documents(s)
a significant element of the general with specificity such as by National
public. These examples are not intended Archives and Records Administration
to be all-inclusive. Moreover, as (NARA) Document Accession Number
traditional methods of news delivery or other applicable, unique document
evolve (e.g., electronic dissemination of 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
would be the clearest proof, but the regulations.
requester's past publication record may ? 1900.21 Identification of persons
also be relevant evidence of the requesting information under the
requester's status. provisions of Executive Order 12356.
? 1900.5 Organization; requests and Pursuant to section 3.4(a)(1) of
submittals. Executive Order 12356, a mandatory
The headquarters of the Central declassification review request can be
Intelligence Agency is located in Fairfax 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.
? 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.
? 1900.25 Fees for records services.
(a) Search, review, and duplication
fees will be charged in accordance with
the schedule set forth in paragraph (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
commerical 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 disclosure of the
requested documents is likely to
contribute to an understanding of United
States government operations or
activities; and, if so,
(3) Whether the disclosure of the
requested documents will contribute to
public understanding of United States
government operations or activities;
and, if so,
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(4) Whether the disclosure of the
requested documents is 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.
(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.
(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 therof, 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 8u 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 decentralized, several
computer searches may be required to
process a request, depending upon its
scope. The computer search costs given
in paragraphs (g)(4) through (6) of this
section, do not include whatever manual
search time is needed to determine
whether the records located are in fact
responsive to the request.
(i) Search fees are assessable even
when no records pertinent to the
requests, of no releasable 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 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
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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) 'Al] 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
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 paragraph (c)(1) or (c)(2) of this
section 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
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.
(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
"81/2x11" or "11x14." 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) through (6) having a
dollar value equivalent to two (2) hours
of professional search time (i.e.. $36.00).
(1) There are four categories of FOIA
requesters: "commercial use"
requesters; "educational and non-
commercial scientific institution"
requesters; "representatives of the news
media" requesters; and, "all other"
requesters. The FOIRA prescribes
specific levels of fees for each of these
categories:
(1) "Commercial Use" Reques ters:
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.
(2) "Educational and Non-commercial
Scientific Institution"Requesters: The -
Agency will provide documents to
requesters in this category for the cost of
request, except that the first 100 pages of Coordinator's determination in this
reproduction and the first two hours of regard shall be based on and shall
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
(a)(3) of the Freedom of Information Act
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
? 1900.31 Screening communications information is required, the request will
(a) If any Agency employee receives a be canceled after 60 days if no reply is
written communication which the received.
employee believes to be an apparent or (d) The Coordinator shall inform the
intended communication under the requester, in writing, of his
Freedom of Information Act or the determination made under paragraph
mandatory declassification review (c)(3) of this section and, in the case of a
provisions of Executive Order 12356, he determination that the communication is
shall expeditiously transmit the a request, of the date of acceptance. The
communication to the Coordinator. search conducted pursuant to that
(b) Upon receipt of a communication request shall be for records in existance
in accordance with ? 1900.11 or as of and through the acceptance date.
paragraph (a) of this section, the Such notification shall be given
Coordinator shall promptly consult with promptly and. in any case, within five
such Agency components as he may work days of the date of such
deem appropriate and: determination. The ten work days
(1) Determine the nature of the within which the Agency must
communication-an expression of determine whether to comply with a
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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.
? 1900.33 Processing expressions of
interest.
(a) Upon determining, in accordance
with ? 1900.31(c)(3), 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 ? 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.
? 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(d), and alert the components
to the action required of them by
? ? 1900.41 through 1900.47 with respect
to the request. Requests will be handled
with each component on a first-received,
first-answered basis. In those
components where the 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
(a) The fact of the existence or non-
existence of records responsive to the
request would itself be classified
pursuant to Executive Order 12356, or,
(2) The category of the information
requested is within the scope of 50
U.S.C. 403(d)(3). 50 U.S.C. 403g, or other
applicable exempting statute and thus
the requested information, if it existed,
would be exempt from required
disclosure pursuant to FOIA exemption
(b)(3).
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.
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 of 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 through 432.
(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.
?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
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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).
(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,
DC 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 section
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. 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
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(d). 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) 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.
? 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
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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.
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.
(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.
Date: December 2, 1987.
William F. Donnelly,
Deputy Director for Administration.
[FR Doc. 87-28115 Filed 12-7-87; 8:45 am]
BILLING CODE 6310-02-#1
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
(FRL 3295-7I
Approval and Promulgation of
Implementation Plans; Ohio
AGENCY: U.S. Environmental Protection
Agency (USEPA).
ACTION: Final rulemaking.
SUMMARY: This notice approves, as a
revision to the Ohio State
Implementation Plan (SIP) for total
suspended particulates (TSP), operating
permits for the following two
shiploading facilities: The Andersons
Grain Division, Toledo Plant and Mid-
States Terminals Incorporated. These
permits are needed to satisfy the
requirements of Part D of the Clean Air
Act.
EFFECTIVE DATE: This final rulemaking
becomes effective on January 7, 1987.
ADDRESSES: Copies of the SIP revision
and other materials relating to this
rulemaking are available for inspection
at the following addresses: (It is
recommended that you telephone
Delores Sieja, at (312) 88&-6038, before
visiting the Region V Office.)
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Federal Register
Vol. 52, No. 235 / Tuesday, December 8. 1987 / Rules and Regulations
Public Access to Documents and
Records and Declassification
Requests
AGENCY: Central lntelligence Agency.
ACTION: Final rule.
11900.25 Fees for records services.
(a) Search, review, and duplication
fees will be charged in accordance with
the schedule set forth in paragraph (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
commerical 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 disclosure of the
requested documents is likely to
contribute to an understanding of United
States government operations or
activities: and, if so.
(3) Whether the disclosure of the
requested documents will contribute to
public understanding of United States
government operations or activities:
and, if so.
(4) Whether the disclosure of the
requested documents is 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.
(G) Whether the disclosure is primarily
in the commercial interest of the
requester.
(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 S250.00 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 tbe?fdes. Dispatch of such a
notice shalf 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.
(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 therof, spent by non-
profesMonal personnel in searching for a
record. 52.50:
(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
primari!y commercial. $4.50;
(4) For each on-line computer search.
Si1.W:
(s) For each off-line (batch) computer
search of Central Reference Files. $27.00:
(G) For all other off-line computer
searches of Agency files. $8.00 per
minute of Central Processing Unit (CPU)
lime:
(7) For copies of paper documents in
sizes not larger than 81/2 x 14. 50.10 per
copy of each page.:
(U) For duplication of non paper media
(film. magnetic tape. diskette. alc.) or
any document that cannot be
repruduccd on a standard office copier.
artual duect cost: and
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Interest (11900.33). 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 paragraph (c)(1) or (c)(2) of this
section is an expression of interest, or is
a request made in accordance with
published rules stating the procedures to
he 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 desirah;r
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 canceled after 60 days if no reply is
received.
(d) The Coordinator shall inform the
requester, in writing. of his
dctcrmina!ion made under paragraph
(c)(3) of this section and. in the c.:se of n
determination that the communication is
a request. of the date of acceptance. The
search conducted pursuant to that
request shall be for records in exi:.i;tnce
as of and through the acceptance date.
Such notification shall be given
promptly and. in any case. within file
work days of the date of such
determination. The ten work d.lys
within which the Agency must
determine whether to comply with a
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.
(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
"81fex11" or "11x14." 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 tinder
11900.25(c)(4) through (6) having a
dollar value equivalent to two (2) hours
of professional search time (i.e., $3600).
(1) There are four categories of FORA
requesters: "commercial use"
requester; "educational and non
commercial, scientific institution"
requesters: "representatives of the news
media" requesters: and. "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 cl.arges 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
tr,c 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.
(2) "Educctionol andi,1'on?commerciol
Scientific Institution"lleques:ers: The
Agency will provide documents to
requesters in this category fur 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
fnstitutionj:pesearch. Requesters most
reasonably describe the records sought.
(3) 'Representatives of the Netvs
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 4 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 6 1900.3(q). Requesters must
reasonably describe the records sought
(4) 'AllOther"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
cha ge.
Declassified in Part - Sanitized Copy Approved for Release 2012/12/28: CIA-RDP90M00005R000100010004-1