LETTER TO JAMES C. WRIGHT FROM R. M. HUFFSTUTLER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001000040002-0
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 21
• Document Creation Date: December 23, 2016
• Document Release Date: December 18, 2012
• Sequence Number: 2
• Publication Date: February 29, 1988
• Content Type: LETTER

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Ccniwl Intclh~cnu? A~;cn~~
The Honorable James C. Wright
Speaker of the House of Representatives
c9ashington, DC 20515
29FEg~
Submitted herewith, pursuant to the provisions of 5 U.S.C. X552{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 3.29
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, and 257 were
mandatory review requests under Executive Order 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
primarily officers qualified to conduct these massive records searches and
reviews were those individuals normally responsible for FOIA and Privac}~ Act
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 304
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 139, 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 exe;~ption 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 diverte?
from their intelligence duties to conduct the review. Second, discounting
expenditures for space, equipment, and overtime differential, all of whic",
renain 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
FJIA. Although we are allowed under FOIA to charge fees for records searches
and duplication, these fees are inadequate for recovering ever, a small portion
of the costs. The Agency, since 1975, has collected only $107,723 in fees.
~7hen 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.
~4e 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.
R. M. Huffstutler
Deputy Director
for
Administration
STAT
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Central Iniclli~cn~c A~en~~
The Honorable George Bush
President of the Senate
Washington, DC 20510
Submitted herewith, pursuant to the provisions of 5 J.S.C. g552(d), is the
report of the Central Intelligence Agency concerning its administration of the
Freedom of Information Act (FOIA) during calendar year 1957.
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, 1912 were "my file" requests under the Privacy Act, and 257 were
mandatory review requests under Executive Order 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
primarily officers qualified to conduct these massive records searches and
reviews were those individuals normally responsible for FOIA and Privacy Act
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 3095
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 99 manyear_ --
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 b}' 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 abou*_ 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.
t?7hen 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 recor.3s to the benefit of
the requesters. Second, and more importantly, the time formerl}~ 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.
w~ 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.
u s u er
Deputy Director
for
Administration
STAT
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FREED0~4 OF INFORMATION ACT
AtdNUAL 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. .T~ccordingly, 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 u.oon for each such determination:
(a) Exemptions in 552(b):
Exemption involved
Number of times (i.e.,
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. 4039
(c) Other authority:
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3. Appeal Determinations:
(a) Total number of administrative a eals from adverse initial
decisions received in 1987 made ursuant to subsection (a)(6): 143
(b) Number of all appeals closed
re
uest f
in
1987
in
which,
upon
review
q
or information was granted in full
:
None
,
(c) Number of all appeals closed
request f
i
in
1987
in
which,
upon
review
or
nformation was denied in full.
60
,
(d) Number of all appeals closed in 1987 in which, upon review,
request was de~,1Cd in part. 15
4. Authori"ty relied upon for each such appeal determination:
(a) Exemptions in 552(b):
Exemption invoked
Number of times (i.e.,
peals) 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 Exem tion No 3:
Number of times (i.e.,
Statutory citation peals) invoked
50 U.S.C. 403(d)(3)
and/or 50 U.S.C. 403g
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5. Names and titles of those persons who, on a peal, were responsible for tt,e
denial in whole or in art of records re nested and the number of instances or
participation of each:
6. Provide a co y of each court opinion or order giving rise to a proceedi~y
unde, SupsecLlon ,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):
--- -~r~-~ 1J ~~1~~ va11a. wee 'rap
B for new CFR regulations.
8. Provide separately a copy of the fee schedule adopted and the total dollar
amount of fees .,ollected for making records available:
See Tab C for a copy of the fee schedule.
The total amount collected and transmitted for deposit in t!~e U.S.
Treasury during 1987 was $2637.00.
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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 t!~e 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 millions 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 a eals were
taken on the basis of exhaustion of administrative procedures because the
~ency was unable to comply with the request within the applicable time
limits 2
Both actions were brought under FOIA.
(III) Provide the total number of instances in which a court allowed
additional time upon a showing of exceptional circumstances, together with a
co of each court o inion or order containing such an extension of time: :vone
(d) Internal Memoranda: None
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Production,itvorkloa~ Statistics
FOIA
PA
EO*
TOTALS
~
Workload:
Cases carried over
from 1986
658
341
176
1175
(26.1)
Cases logged
during 1987
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 1988
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 fro:
the Presidential Libraries or declassification requests from other Federal
agencies.
I
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Federal Register J Vol. 52, No. 235 /Tuesday, December B, 1987 / F.ules 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) Poyro!l 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
vvho 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 550 and $75
denominations may be made.
1FR Doc. 87-2(3051 Filed 12-7-87; 8:45 am)
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
Hudget (OMB) and Department of Justice
(DOJ) guidelines on fee regulations
under FOIRA, were considered by ;:he
Agency in adopting these regulations.
For example, the definitions in the
proposed regulations of "commercial
use," "representative of the news
media," "educational institution," and
Public Access to Documents and
Records and Declassification
Requests
A~Etrcv: 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 )anua; ~ 1983 (Vol. 48, No.
e, p. 1''93). Since then, there have been
several substantive amendments and
more recentl}~, proposed amendments
were published in the Federal Register
of 18 htay 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
(FOtRA) of 1986. For the benefit of the
public. Part 1900 is being rept:blished
with all current amendments and
revisions, including a number of error
corrections and changes in phraseology
as v.?ell as technical and/or
administrative changes to clarify or
more accurately reflect applicable
procedures.
EFFECTIVE DATE: December 8, 1987.
AooRESS: Lee Strickland. Information
and Privacy Coordinator, Central
Intelligence Agency, \h'ashington, DC
20505.
"freelance journalist" v,~ere argued to be
too restrictive. In addition, the fee
waiver guidelines were also argued to
be too restrictive. The comments were
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 1904-PUBLIC ACCESS TO
DOCUMENTS AND RECORDS AND
DECLASSIFICATION RECUESTS
sc~.
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 requestir:g
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 irterest.
1900.35 Processing requests for records.
Actions on Requests
1900.41 Searching for ree,uested records.
1y00.43 Reviewing records.
19W.45 Expeditious action; extension of
time.
1900.47 Allocation of manpov,~er and
resources; agreed extension of time.
1900.49 Notification and payment;
furnishing records.
Appeals
1900.51 Appeals to CIA Information Review
Committee.
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
Miscellaneous
1900.61 Access (or historical research.
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Federal Register,/ Vol. 52, Nu. 235 /Tuesday, December 8, 1987 / Rulc?s and Regulations
]90063 Suggestions and complaints.
Aulhorit~: National Securil~ Act of ]947, as
amended. Central Intelligence Agenc} Act of
]949, as amended: Freedom of Information
Acl. as amended: CIA Information Act of
]984: and E. O. ]2356.
General
? 1900.1 Purpose and authority.
The part is issued under the authority
of and in order to implement: section 102
of the fational Security Act of 1947, es
amended (50 U.S.C. 403): the Central
]ntelligence Agency Act of 1999, 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). 1t 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 maridator}? 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 !ntelligence 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 t3efinitions.
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 S of the
United States Codc, as amended;
(e) "Executive Order" means
Executive Order 12356 (3 CFR Part ]66
(1~))~
(f) "Potential requester" means a
person, organization or other entit}~ 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 ph}?sical form or
characteristics made or received by the
Central Intelligence Agency in
pursuance of federal taw or in
connection with the transaction of
public business and appropriate for
preservation by the Central Intelligence
Agency as evidence oI the organization,
functions, policies, decisions.
procedures, operations or other
activities of the Agency or because o!
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 ? 1900.93(c)).
(h) "Records of interest" means
records which are responsive to
expression of interest or of a request:
(i) "1h'ork 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 salan?
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
machiner}?. iVot included in direct costs
are overhead expenser such as costs of
space and heating or lighting the facilit}~
in which the records are ctored.
(k) "Search" includes a;i time si,i~nt
looking for matenal that is responsne to
a request uttlizinR available Indices and
other finding aids. The term scari.h is
predicated on the concept of reasonable
search as contrasted to research w?h~ch
is neither required nor authorized b~ thc?
FOIA. Efforts will be made to ensure
that search for material is done to t;~c?
most efficient and least exper.s;ve
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 x?hether and of
the responsive material is exempt from
disclosure. Searches may be done
manually or b}? 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 reasonabl}? 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 rnus'
be withheld. It also includes processing
an~? documents for disclosure (e.g.. doing
all that is necessary to remove or
obliterate any material which is exe^:pt
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 :s
made. In determining whether a
requester is properl}? included in this
categor}, the Agenc}? will consider and
ma}' draw reasonable inferences teem
the identity and activities of the
requester as well as the use to w?hir.h the
requester will put the documents.
requested.
(o) "Educational institutio^." refers to
a United States preschoo;, public or
private elementan? or secondary scho~!,
an institution of graduate higher
education, as institution of
undergraduate higher education. an
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institution of professional education and
an institution of vocational education
which operates adegree-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
publir,.
(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 a 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
emplo}ed 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, DC 20505.
Requesting Records
? 1900.11 Freedom of Intonnatlon Act snd
Executive Order 12356 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
commtutication 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 ? 190o.i1(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 documents(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 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.
? 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 pa?nent
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 t!:e extent
possible, the most efficient and least
costly methods will be used to comply
with requests for dccuments 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 primaril}? 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 act cities:
and, if so,
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(4) 11'helher the disclosure of the
requested documents is likely to
contribute significantly to public
understanding of United States
government operations and activities;
and.
(5) ~1'hcther the requester has a
commercial interest that would be
furthered by the requested disclosure:
and, if so.
(6) V1'hether 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
w?herc they would amount, in the
aggregate, for a request or for a series of
related requests, to less than 56.00.
(c) Denials of requests for fee waivers
or reductions may be appealed by
r