LETTER TO LEE H. HAMILTON FROM WILLIAM F. DONNELLY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R000500150002-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 81
• Document Creation Date: December 27, 2016
• Document Release Date: August 6, 2012
• Sequence Number: 2
• Publication Date: October 3, 1986
• Content Type: REPORT

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1* Central Intelligence Agency
The Honorable Lee H. Hamilton
Chairman
Permanent Select Committee
on Intelligence
House of Representatives
Washington, DC 20515
?~ Lvl 19vd
The enclosed final report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. This
report--due 15 October 1986--covers the six-month period from
15 March to 14 September 1986. We have also included data
illustrating the results of our efforts over the entire two-year
period.
This reporting period again showed a significant reduction
in our backlog, a considerable improvement in our response time,
and successful efforts to further refine our processing system.
Although we are now approaching a true workload situation, we
expect the downward trend in our backlog to continue as we work
toward further improvement in our response time.
Sincerely,
V~ 1 warn F. Donnelly
William F. Donnelly
Deputy Director
for
Administration
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Central Intelligence Agency
The Honorable Jack Brooks
Chairman
Committee on Government Operations
House of Representatives
Washington, DC 20515
Dear Mr. Chairman:
The enclosed final report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. This
report--due 15 October 1986--covers the six-month period from
15 March to 14 September 1986. We have also included data
illustrating the results of our efforts over the entire two-year
period.
This reporting period again showed a significant reduction
in our backlog, a considerable improvement in our response time,
and successful efforts to further refine our processing system.
Although we are now approaching a true workload situation, we
expect the downward trend in our backlog to continue as we work
toward further improvement in our response time.
Sincerely,
William F. Donnelly
Deputy Director
for
Administration
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Central Intelligence Agency
The Honorable Strom Thurmond
Chairman
Committee on the Judiciary
United States Senate
Washington, DC 20510
The enclosed final report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. This
report--due 15 October 1986--covers the six-month period from
15 March to 14 September 1986. We have also included data
illustrating the results of our efforts over the entire two-year
period.
This reporting period again showed a significant reduction
in our backlog, a considerable improvement in our response time,
and successful efforts to further refine our processing system.
Although we are now approaching a true workload situation, we
expect the downward trend in our backlog to continue as we work
toward further improvement in our response time.
Sincerely,
2
William F. Donnelly
Deputy Director
for
Administration
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4 Central Intdlugence Agency
2 OCT 1986
The Honorable Dave Durenberger
Chairman
Select Committee on Intelligence
United States Senate
Washington, DC 20510
The enclosed final report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. This
report--due 15 October 1986--covers the six-month period from
15 March to 14 September 1986. We have also included data
illustrating the results of our efforts over the entire two-year
period.
This reporting period again showed a significant reduction
in our backlog, a considerable improvement in our response time,
and successful efforts to further refine our processing system.
Although we are now approaching a true workload situation, we
expect the downward trend in our backlog to continue as we work
toward further improvement in our response time.
Sincerely,
William F. Donnelly
Deputy Director
for
Administration
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Fourth and Final Report on FOIA Processing
This is our fourth and final report required by the CIA Infor-
mation Act of 1984 on the processing of requests submitted to the
Agency under the Freedom of Information Act. We are so proud of
our achievements during the past two years that we are taking the
liberty of summarizing in this last report our entire two-year
effort.
During Congressional considerations of the CIA Information Act,
Agency management stressed the importance of the relief sought; in
turn, the Agency made rather specific commitments concerning the
effort the Agency would make to improve its FOIA processing record,
especially to reduce the long-standing backlog and response time.
Upon enactment of the CIA Information Act of 1984, our Director of
Information Services (D/OIS), as program manager, instituted a
series of actions that were aimed at fulfilling the serious
commitments made to the Congress. These actions included the
appointment of a task force to implement the portion of the
Information Act that dealt with designation of operational files by
the Director of Central Intelligence and discussions with staffs of
both Congressional oversight committees. In addition, an
Inter-Directorate Advisory Group was established. Chaired by
D/OIS, the group consisted of senior officials from throughout the
Agency who carried some program responsibility for FOIA matters.
This served the purpose of sharing information as well as ensuring
that all participants worked together in fulfilling commitments
made to the Congress. The Advisory Group will continue to exist.
Other actions included reorganization of the Information-Privacy
Division, purchase of additional equipment, and assignment of
additional staff.
Our record shows that our backlog has been reduced by 1750
cases. The number of remaining cases received prior to 1980 has
been reduced from 178 to 47. Our response time on new cases has
improved to the point where many cases are now completed in a matter
of weeks, some within a matter of days. We have maintained our
manpower commitment to FOIA at the same level as reported in the
1984 annual report, and we have allocated a sizeable expenditure of
funds for more up-to-date equipment, which will continue to help us
improve our efficiency beyond the required reporting period.
We believe that this final report will demonstrate that the
Agency has more than fulfilled its commitment to the Congress, that
it has taken very seriously its responsibilities under the law, and
that significant progress has been achieved during the past two
years. We will work as hard in the future as we have in the past
two years to ensure a timely response to requests.
Measures to Improve Processing
Initiatives begun during earlier reporting periods continue
in effect throughout the Agency to improve the efficiency of our
FOIA processing. Rehired annuitants are being used extensively
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because of their special expertise in various fields, and over-
time continues to be used to prevent the development of lengthy
processing queues.
In the Coordinator's office, the shelf review of all open cases
continues to be productive. This involves a thorough review of
each case, a comparison of the file with the information in our
data base, corrections to the data base where necessary, and
phone calls or memoranda as appropriate to move the case along.
The Coordinator's office has also taken over from the Office of
Training and Education the running of the FOIA Seminar, our
principal vehicle for training of personnel involved in FOIA
processing. In addition, the Coordinator's office has begun to
provide specially tailored "mini-seminars" for individual
components to address their own particular needs. Several problems
with the data base used for tracking cases have been identified,
and the assistance of programmers has now been obtained to study
these problems in an effort to eliminate the need for some manual
backup record keeping. For the future, an entirely new, more
up-to-date data base is being designed using IBM PCs linked to the
mainframe in our computer center.
Outside the Coordinator's office, initiatives toward more
efficient processing continue. Within the Directorate of
Administration, the Records Management Officers of each component
have been designated as the focal point for all searches, and this
directorate has been especially forthcoming in helping the
Coordinator's office identify components in need of training. An
increasing use of word processors has enhanced this directorate's
efficiency.
The Directorate of Intelligence has added a full-time clerical
to the Information Review Officer's staff, thus speeding up the
processing of cases assigned to that directorate.
The Directorate of Operations has instituted a new tracking
system for cases assigned to that directorate that gives management
personnel a more positive control over cases in process, more
flexibility in distributing the workload, and greater ability to
project completion dates.
The Directorate of Science and Technology has established a
case tracking system using word processors. Cases assigned to that
directorate can now be controlled and monitored more efficiently.
The Office of General Counsel has added a full-time staff
professional to its FOIA personnel.
Budgetary and Personnel Allocations
As mentioned in the three earlier semi-annual reports, Agency
personnel handling Freedom of Information Act (FOIA) requests also
process Privacy Act (PA) and Executive Order 12356 Mandatory Review
(EO) requests. Budgetary and personnel allocations for FOIA,
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therefore, will again be estimated on the basis of FOIA's
percentage of our total workload. FOIA requests received thus far
this year have constituted 48% of our workload, while PA and EO
requests have made up 52%.
The estimated expenditure for personnel during this reporting
period is $1.9 million. This figure is calculated by the same
formula used for the 1985 annual report, based on an average
professional grade of GS-12/7 and an average non-professional grade
of GS-07/6. Since FOIA requests made up 48% of our workload, the
estimated personnel expenditure for processing FOIA requests was
$.9 million.
During this reporting period, 115 Agency employees were
primarily or entirely tasked with processing FOIA/PA/EO requests.
Seventy-four of these are full-time staff employees; 18 are
part-time staff, and 23 are rehired annuitants working two or three
days a week. The number of full-time staff employees is somewhat
lower than previously reported, but this is a temporary condition.
Vacancy notices are circulating, and the positions will be filled
through reassignment of qualified personnel. In the meantime,
overtime has been used to keep the work flowing normally and to
prevent backups from developing. Thus, even with summer vacations
taking their usual large bite out of our manpower input--as is
normally reflected at this time of year--our manpower figures
converted to manyears is 113. We expect that the yearend figure
will be about the same as that reported in the 1984 annual report,
114 manyears. As can be seen from the above, we have kept our
commitment to Congress that passage of the CIA Information Act
would not result in a reduction of personnel devoted to FOIA
processing, and we continue to look for ways of using this manpower
more efficiently.
Workload Trends
Despite the fact that incoming requests are increasing, we have
been able to maintain a steady decrease in our total backlog. This
accomplishment has not gone unnoticed, even at the highest levels
of the Agency. Director Casey, himself, recently acknowledged this
accomplishment with a congratulatory letter. The downward trend
during this reporting period can be seen by the following table:
15 Mar 86
Backlog
Cases
Opened
Cases
Closed
14 Sept 86
Backlog
Net
Reduction
Total
1514
1556
1786
1284
230
FOIA
877
724
908
693
184
The reduction of open FOIA cases during this six-month period
from 877 to 693 represents a decrease of 21% since 15 March 1986,
and a total reduction of 65% since October 1984 when the CIA
Information Act was passed. A reduction in PA and EO cases has
also occurred--a modest 7% for the current reporting period but 45%
overall. Since PA and EO cases are not affected by the file
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exemptions permitted under the CIA Information Act, the reduction
in these workloads is illustrative of the overall efficiency that
has been achieved in processing.
The same table used above, expanded to include the full two
year period, shows the workload over those two years and the net
result:
15 Oct 84
Cases
Cases
14 Sept 86
Net
Backlog
Opened
Closed
Backlog
Reduction
Total
3034
5575
7325
1284
1750
FOIA
1967
2664
3938
693
1274
The reduction in our total and FOIA backlog over the two year period
represents a 58% overall reduction and a 65% reduction in
FOIA cases.
Recapping some of the statistics from our previous reports, the
steady reduction of the backlog through the four reporting periods
can be seen clearly:
15 Oct 84
14 Mar 85
14 Sep 85
14 Mar 86
14 Sep 86
Total
3034
2642
2055
1514
1284
FOIA
1967
1638
1266
877
693
We continue to count as a significant success the reduction in
the number of open cases received prior to 1980. In October 1984
there were 178 of these (119 FOIA, 58 PA, and 1 EO). We have
closed a total of 131, bringing our number of pre-1980 cases to
47 (37 FOIA, 10 PA, and no EO cases). Some of these have been
awaiting coordinations from other agencies, and our vigorous
efforts to obtain their responses have resulted in the completion
of most of the cases awaiting other agency action. Most of the
open pre-1980 cases, however, have been stalled by the massive
review effort involved. The review of a body of material on a
single subject frequently encompasses a number of individual
requests. The component most burdened by these massive, complex
cases has been assigning additional reviewers to each project as
personnel become available, and we hope to get at least one of
these projects completed by the end of the year.
Response Time
One principal concern of Congress when considering the passage
of the CIA Information Act was that the Act should have some
favorable impact on our FOIA response time--and indeed it has had.
This reporting period has seen another reduction in the median
response time, from 5.7 months as reported in April of this year
to 3.4 months. A comparison with our response time as of 15
October 1984 is not possible, since we began our reporting using
the mean average. It was at the time of the second semi-annual
report that we realized the distortion this method was introducing
and began using the median. Our baseline for overall comparison
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is, therefore, the 9.2 months reported in October 1985. The
response time of 3.4 months reported above represents a significant
reduction in only a year and a half.
Future Prospects
We would like to assure the members of Congress that we have
every intention of continuing these efforts, even though the
semi-annual reporting required by the Act ends with this report.
In fact, looking for better and more expeditious ways of doing our
job has become a habit with the personnel involved with FOIA.
Although we have not spent any large sums on equipment during this
reporting period, we have allocated in excess of $200,000 for this
purpose over the past two years. Our future plans include the
purchase of "state-of-the-art" data processing equipment for
the personnel handling our collection of previously released
documents. As this collection grows, it has become increasingly
useful in servicing new requests and has been a significant factor
in the improvement of our response time. It is because of this
collection of material that some requests can now be answered in
just a week or two. With the new equipment we are considering,
previously released documents could be subjected to a full text
search and retrieved more rapidly.
Passage of the CIA Information Act has produced all the
beneficial results anticipated during its debate. The public
is getting no less information than before, but, with the
improvement in our response time, the information is being made
available faster. The Agency is no longer burdened with the
review of operational files, which were known to contain no
releasable information. Finally, we believe the Act has had a
favorable impact on our overall collection effort, since our
sources of information no longer need fear the inadvertent release
of operational information through the FOIA process. We greatly
appreciate the consideration Congress showed in enactment of this
legislation, and we assure you of our continuing efforts on behalf
of the requesting public.
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Central intelligence Agency
0 9 APk ft
The Honorable Strom Thurmond
Chairman
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. This
report--due 15 April 1986--covers the six-month period from
15 September 1985 to 14 March 1986.
This reporting period again showed a significant reduction
in our backlog, a considerable improvement in our response time, and
successful efforts to further refine our processing system.
We are especially pleased with the further improvement in
our median response time from 9.2 months to 5.7 months. Much of
this improvement is directly attributable to the CIA Information
Act, allowing us to provide a faster response on requests involving
exempt files. The continued downward trend in our backlog is also
an accomplishment in which we take considerable satisfaction. In
fact, as of this date our total backlog has fallen below the 1514
cases mentioned in this report and now stands at 1478 cases. The
prospects for continued progress are very good and are viewed
enthusiastically by our personnel responsible for processing FOIA
cases.
STAT
_--
Richard J. Kerr
Deputy Director
for
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Central Intelligence Agency
C 5 IFk t+3F
The Honorable Jack Brooks
Chairman
Committee on Government Operations
House of Representatives
Washington, D.C. 20515
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. This
report--due 15 April 1986--covers the six-month period from
15 September 1985 to 14 March 1986.
This reporting period again showed a significant reduction
in our backlog, a considerable improvement in our response time, and
successful efforts to further refine our processing system.
We are especially pleased with the further improvement in
our median response time from 9.2 months to 5.7 months. Much of
this improvement is directly attributable to the CIA Information
Act, allowing us to provide a faster response on requests involving
exempt files. The continued downward trend in our backlog is also
an accomplishment in which we take considerable satisfaction. In
fact, as of this date our total backlog has fallen below the 1514
cases mentioned in this report and now stands at 1478 cases. The
prospects for continued progress are very good and are viewed
enthusiastically by our personnel responsible for processing FOIA
cases.
STAT
Sincerely,
Deputy Director
for
Administration
t'--Richard J. KKerr
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The Honorable Dave Durenberger
Chairman
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
0 9 APR
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. This
report--due 15 April 1986--covers the six-month period from
15 September 1985 to 14 March 1986.
This reporting period again showed a significant reduction
in our backlog, a considerable improvement in our response time, and
successful efforts to further refine our processing system.
cases.
We are especially pleased with the further improvement in
our median response time from 9.2 months to 5.7 months. Much of
this improvement is directly attributable to the CIA Information
Act, allowing us to provide a faster response on requests involving
exempt files. The continued downward trend in our backlog is also
an accomplishment in which we take considerable satisfaction. In
fact, as of this date our total backlog has fallen below the 1514
cases mentioned in this report and now stands at 1478 cases. The
prospects for continued progress are very good and are viewed
enthusiastically by our personnel responsible for processing FOIA
,.$incerely,
STAT
Richard J. Kerr
Deputy Director
for
Administration
m
m
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Central Intelligence Agency
The Honorable Lee H. Hamilton
Chairman
Permanent Select Committee
on Intelligence
House of Representatives
Washington, D.C. 20515
-'_'& C/ 7
C b l;i'r. 3?t;F.'
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. This
report--due 15 April 1986--covers the six-month period from
15 September 1985 to 14 March 1986.
This reporting period again showed a significant reduction
in our backlog, a considerable improvement in our response time, and
successful efforts to further refine our processing system.
We are especially pleased with the further improvement in
our median response time from 9.2 months to 5.7 months. Much of
this improvement is directly attributable to the CIA Information
Act, allowing us to provide a faster response on requests involving
exempt files. The continued downward trend in our backlog is also
an accomplishment in which we take considerable satisfaction. In
fact, as of this date our total backlog has fallen below the 1514
cases mentioned in this report and now stands at 1478 cases. The
prospects for continued progress are very good and are viewed
enthusiastically by our personnel responsible for processing FOIA
cases.
STAT
Richard J. Kerr
Deputy Director
for
Administration
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Third Report on FOIA Processing
Measures to Improve Processing
During this reporting period the Agency has concentrated
its efforts on "fine tuning" measures previously initiated in
earlier reporting periods, improving communications among
personnel involved in processing information requests,
completing as many of the old cases as possible, and, in
general, making our handling of all cases more efficient and
responsive to the requesters.
The partial reorganization of the Coordinator's staff,
reported in October, the cross-training of personnel, the
renovation of its office space, and the purchase of new
equipment have all contributed to greater efficiency and
responsiveness. The last three computer terminals were
recently installed, giving the Coordinator's staff ready access
to tracking and status information. The Associate Coordinator
has been scheduling regular visits with the various components
in an effort to resolve problems, effect internal
coordinations, and keep cases moving steadily through the
system. In addition, the Coordinator has established a regular
monthly meeting with the directorate Information Review
Officers to discuss issues, concerns, and problems of a common
nature within and outside the Agency to insure uniformity and
promptness of response. Particular emphasis has been placed on
completion of a number of very complex cases that had been
awaiting coordination between components or were delayed by the
massive review effort involved.
Overtime continues to be used as needed throughout the
Agency to prevent processing queues from increasing.
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Budgetary and Personnel Allocations
Since Agency personnel handling Freedom of Information Act
(FOIA) requests also process Privacy Act (PA) and Executive
Order Mandatory Review requests (EO), budgetary and personnel
allocations will again be estimated on the basis of FOIA's
percentage of our total workload. FOIA requests received thus
far this year have constituted 50.4% of our workload, while
Privacy and Mandatory Review requests have made up 43.8% and
5.8% respectively.
There are 121 Agency employees primarily or entirely tasked
with processing FOIA/PA/EO requests. Eighty-two of these are
full-time staff employees; 18 are part-time staff, and 21 are
rehired annuitants working two or three days a week. As is
normal for this time of year, our total FOIA/PA/EO manhours
converted to manyears--123--is running higher than recent
year-end figures because summer vacations have not yet taken
their toll. The estimated expenditure for personnel during
this reporting period is $2.08 million. This figure is
calculated by the same formula used for the 1985 annual report
to Congress, based on an average professional grade of GS-12/7
and an average non-professional grade of GS-07/6. Since FOIA
requests made up 50.4% of our workload, the estimated personnel
expenditure for FOIA processing was $1.04 million.
Workload Trends
The continued reduction of our total FOIA/PA/EO backlog is
a source of great satisfaction to those involved with
processing these cases, and the acknowledgment of their success
by senior Agency officials and others has been a
morale-enhancing factor and a source of pride. This reporting
period has shown yet another significant reduction in both our
overall backlog and the FOIA backlog as the following
statistics demonstrate:
15 Sept 1985 Cases Cases 14 Mar 86 Net
Backlog Opened Closed Backlog Reduction
Total 2055 1359 1900 1514 541
FOIA 1266 693 1082 877 389
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The reduction of FOIA cases during this six-month period
from 1266 to 877 represents a decrease of 31% since 15 October 1985,
and a total reduction of 50% since October 1984, when the CIA
Information Act was enacted. A sizable reduction in the PA and EO
cases has also occurred--19% for the current reporting period and
40% overall. The number of incoming requests remains at about the
same level as reported for the 1984 and 1985 calendar years--2800
and 2804 respectively.
Among our most successful efforts during this reporting
period has been the completion of as many large, complex old cases
as possible. Our backlog at the beginning of this reporting period
included 112 cases received prior to 1980 (74 FOIA, 37 PA, and 1
EO). As mentioned earlier, these had become stalled by the massive
review effort required or sidetracked awaiting multiple coordina-
tions, either internally or with other agencies. We have made a
concerted effort to move these cases and have succeeded in closing
out 41 of them, or 36% (25 FOIA and 16 PA). Most of these cases
involve the review of three to eight linear feet of material, much
of which has to be coordinated with several other components or
agencies.
Response Time
Another significant success since the last semi-annual
report has been the improvement in our response time. During this
six-month period the median response time has been reduced from 9.2
months to 5.7 months. In other words, 50% of the 1082 FOIA cases
closed during this reporting period were completed in 5.7 months or
less, while the other 50% required 5.7 months or more. We expected
some dramatic improvement in this regard as the older cases were
closed out, but this figure surpasses even our most optimistic
expectations. The key to further improvement is a continuation of
our concerted effort to make our workload more current. Since these
older cases remain part of our backlog, in most instances because of
their volume and the massive review effort involved, they tend to
impede our response time by the number of manhours they require.
Their closure does more than reduce the backlog in that it frees
personnel for more current efforts.
Future Prospects
We are indeed pleased to be able to report the considerable
success we have had thus far in reducing our backlog, completion of
older cases, and improvement in our response time. We expect, and
will work diligently toward, continued improvement in these areas.
It is not inconceivable that the backlog could be approaching the
1100 mark by October, although we expect that at some point, given
little variation in the number of incoming requests, we will reach
an equilibrium where our backlog will become a true current workload
and, therefore, not likely to vary greatly in either direction.
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Our major emphasis during the coming reporting period will
concern the further refining of our processing procedures and,
perhaps, studying the possibility of shifting some personnel from
phases of the processing where the workload is becoming lighter to
those where the workload is increasing.
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Central Intelligence Agency
The Honorable Jack Brooks
Chairman
Committee on Government Operations
House of Representatives
Washington, DC 20515
_ ~- 1273/
a 11
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984.
This report--due 15 October 1985--covers the six-month period
from 15 March 1985 to 14 September 1985.
The period was highlighted by a significant reduction in
the backlog, a marked improvement in the response time (when
discounting old cases), and initiatives to improve the number
and quality of personnel, the work environment, the
organizational structure, and the processing system.
We are extremely pleased with the significant progress made
during the reporting period, especially with the unprecedented
reduction in our backlog of cases. In fact, as of this date
our total backlog has fallen even further and now stands at
1,967 cases. The prospects for continued and even greater
progress excites us all, especially our personnel responsible
for processing FOIA cases.
Sincerely,
/s/ iiiarry L. Fitzwct6O
Harry E. Fitzwater
Deputy Director
for
Administration
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Central Intelligence Agency
The Honorable Dave Durenberger
Chairman
Select Committee on Intelligence
United States Senate
Washington, DC 20510
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984.
This report--due 15 October 1985--covers the six-month period
from 15 October 1985 to 14 September 1985.
The period was highlighted by a significant reduction in
the backlog, a marked improvement in the response time (when
discounting old cases), and initiatives to improve the number
and quality of personnel, the work environment, the
organizational structure, and the processing system.
We are extremely pleased with the significant progress made
during the reporting period, especially with the unprecedented
reduction in our backlog of cases. In fact, as of this date
our total backlog has fallen even further and now stands at
1,967 cases. The prospects for continued and even greater
progress excites us all, especially our personnel responsible
for processing FOIA cases.
Sincerely,
r .. .. _. _ _.- -+ Pr
Harry E. Fitzwater
Deputy Director
for
Administration
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Central Intelligence Agency
The Honorable Lee H. Hamilton
Chairman
Permanent Select Committee
on Intelligence
House of Representatives
Washington, DC 20515
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984.
This report--due 15 October 1985--covers the six-month period
from 15 March 1985 to 14 September 1985.
The period was highlighted by a significant reduction in
the backlog, a marked improvement in the response time (when
discounting old cases), and initiatives to improve the number
and quality of personnel, the work environment, the
organizational structure, and the processing system.
We are extremely pleased with the significant progress made
during the reporting period, especially with the unprecedented
reduction in our backlog of cases. In fact, as of this date
our total backlog has fallen even further and now stands at
1,967 cases. The prospects for continued and even greater
progress excites us all, especially our personnel responsible
for processing FOIA cases.
Sincerely,
Harry E. Fitzwater
Deputy Director
for
Administration
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Central Intdligence Agency
The Honorable Strom Thurmond
Chairman
Committee on the Judiciary
United States Senate
Washington, DC 20510
Dear Mr. Chairman:
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984.
This report--due 15 October 1985--covers the six-month period
from 15 March 1985 to 14 September 1985.
The period was highlighted by a significant reduction in
the backlog, a marked improvement in the response time (when
discounting old cases), and initiatives to improve the number
and quality of personnel, the work environment, the
organizational structure, and the processing system.
We are extremely pleased with the significant progress made
during the reporting period, especially with the unprecedented
reduction in our backlog of cases. In fact, as of this date
our total backlog has fallen even further and now stands at
1,967 cases. The prospects for continued and even greater
progress excites us all, especially our personnel responsible
for processing FOIA cases.
Sincerely,
Harry E. Fitzwater
Deputy Director
for
Administration
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Second Report on FOIA Processing
Measures to Improve Processing
During this reporting period, the Agency has continued its
efforts to improve its processing of FOIA requests. Within the
Information and Privacy Division of the Office of Information
Services (IPD/OIS)--the Coordinator's staff--the following
initiatives were undertaken.
--Two more rehired annuitants were brought on as FOIA
case officers and assigned to work unusually large
FOIA cases. One began work in April and the other in
August. Following a period of work.on the easier
cases under the tutelage of senior staff case
officers, both are now ready to begin work as a team
on older, more complex cases. IPD now has two teams
of two rehired annuitants each available to finalize
large FOIA cases. These annuitants and the team
approach have already closed several large,
complicated cases, and more of the same is expected.
--IPD's final two word processors have arrived. One
is operational and has been assigned to the Appeals
and Litigation Branch to speed up their correspondence
with requesters. The other will be assigned to a
staff case officer who is now sharing a word processor
with another officer. Hook-up awaits the installation
of cables, which will take place this fall. All staff
case officers will then have their own word
processors, which will speed correspondence with
requesters. Two of the final five computer terminals
have been received and installed, thus speeding up the
work of the newly formed Support Services Branch. The
remaining three terminals should arrive and become
operational within the next few months. This will
mean that all processing and support personnel have
access to computer terminals which in turn will
greatly facilitate the processing of cases.
--The IPD office space renovation is essentially
complete. One object of the renovation was to move
the Appeals and Litigation Branch into the same office
space as the rest of the division. This has occurred,
and the resulting improvement in communication among
the three branches is paying significant dividends.
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Despite the confusion, noise, dust, and dislocation
resulting from renovation of the IPD office space, the
work of the division was not disrupted, as evidenced
by the response-time and workload results, and the net
impact of these renovations and relocations is to
reduce many of the physical impediments previously
affecting our overall efficiency.
--Overtime continues to be used to prevent bottlenecks
from developing in various stages of case processing
within IPD. The division's queue of cases awaiting
final response to the requester amounts to no more
than two days' work at any given time.
--The new Support Services Branch is functioning
smoothly and has proved to be a great improvement over
the previous structure. This newly formed branch
consolidates all processing-support functions within a
single organizational entity, thus allowing management
and chain-of-command concepts to be applied more
effectively to the processing of FOIA cases. It has
been especially effective in tracking cases to ensure
that action continues to be taken and that none is
sidetracked or lost.
--Conferences with directorate Information Review
Officers (IROs)--and the joint initiatives these
meetings have produced--have resulted in the
completion of a large number of unusually complicated
old cases that have been choking the system and
delaying the processing of simpler cases which could
otherwise be processed in a short period of time.
These meetings have also served as a forum for
discussion of processing procedures and any other
problems that arise. The net result has been
improvement in the processing of cases and a greater
understanding and appreciation of processing issues
unique to particular components.
--The position of Deputy Chief of IPD has been
upgraded along with the designation of the incumbent
as Associate Information and Privacy Coordinator.
This gives the Deputy Chief increased authority in
dealing with FOIA personnel throughout the Agency and
provides IPD with a second senior officer directly
responsible for the management of the Agency's POIA
program. This has also improved the management of the
division staff personnel and their workload.
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Other components of the Agency have taken steps to improve
their processing as well:
--Within the Directorate of Administration several
steps have been taken to improve processing.
Additional secretarial help has been assigned to the
IRO and increased use has been made of an automated
log to track cases. The Office of Security has
maintained its FOIA personnel level.
--The Office of the General Counsel has increased the
personnel primarily engaged in FOIA processing by one
part-time paralegal. In addition, an attorney who had
partial responsibility for FOIA cases now devotes
substantially more of his time to FOIA.
--The Directorate of Intelligence has added one
full-time staff employee to its FOIA processing staff.
--The Directorate of Science and Technology, with the
lightest case load of the four directorates, has added
no new full-time personnel, but more personnel are
assigned FOIA responsibilities on an ad hoc basis as
the requirements levied on offices within that
directorate dictate. This directorate has also made a
special effort to complete its older cases and has
asked IPD to alert the directorate IRO to any cases
remaining open because of a lack of response from that
directorate. Any such cases identified are then given
special attention so that a final response to the
requester can be made in the shortest possible time.
--The Directorate of Operations maintained its level
of personnel primarily engaged in FOIA processing.
Budgetary and Personnel Allocations
As explained in our 15 April 1985 report, the funds,
personnel, and equipment devoted to processing FOIA requests
are necessarily an approximation based on the percentage of the
workload made up of FOIA cases, since the personnel working on
FOIA cases also process Privacy Act (PA) and Executive Order
Mandatory Review (EO) requests. Thus far this year FOIA
requests have constituted 51.3% of the requests received, while
PA and EO requests amounted to 38.3% and 10.4% respectively.
There are 126 Agency employees primarily or entirely tasked
with processing FOIA/PA/EO requests. Eighty-seven of these are
full-time staff employees, 18 are part-time staff, and 21 are
rehired annuitants working two or three days a week. Our total
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FOIA/PA/EO manhours converted to manyears thus far this year
would be 115, about the same as the 114 manyears reported for
1984. This is down somewhat from the April report, as
expected, because of summer vacations. The estimated
expenditure for personnel is $1.73 million. This figure is
calculated by the same formula used for our annual reports to
Congress, based on an average professional grade of GS-12/1 and
an average clerical grade of GS-06/1 for FOIA personnel. Based
on the workload percentages noted above, personnel expenditures
for FOIA amounted to $885,754. An additional $157,100 was
spent on office renovation and the acquisition of furniture,
word processors, and computer terminals.
Workload Trends
The file designations mandated by the CIA Information Act
were in effect throughout this reporting period, but are just
now beginning to show their effect on our FOIA workload,
primarily in the form of reduced processing time for new
cases. We expect the number of such cases to increase
dramatically during the next reporting period as we close out
even more of the large backlog of old cases opened prior to
passage of the CIA Information Act. Even though the file
designations are retroactive, a decision was made to continue
processing cases that were substantially completed at the time
the files were officially designated. This kept those requests
that were almost ready for final response moving toward that
goal.
The overall workload figures for the reporting period are
as follows:
15 Mar 1985
Cases
Cases
14 Sept 1985
Net
Backlog
Opened
Closed
Backlog
Reduction
Total Backlog
2,642
1,425
2,012
2,055
587
FOIA Backlog
1,638
696
1,068
1,266
372
The reduction of the FOIA case backlog during this
reporting period from 1,638 to 1,266--a reduction of 372
cases--represents a decrease of about 23% in our FOIA cases
since 15 March, and a total reduction thus far of 36% since
October 1984, the date the CIA Information Act became law. (A
comparable reduction of PA and EO cases has also occurred--21%
for the current reporting period and 26% since October 1984.)
Inasmuch as requests received during this reporting period
increased, we view the backlog reduction as an achievement of
the highest order. We hope to reduce it even further.
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Response Time
In the 15 April report, we reported an average response
time of 14.5 months for the 880 FOIA cases completed during the
15 September-14 March reporting period. We believe that the
average number of months required to process the 1,068 FOIA
cases completed during the 15 March-14 September reporting
period is misleading. Many of the cases completed during this
period were several years old. While we are pleased to see
these old, rather complex cases make their way through the
review/coordination process, the length of time these have
taken distorts the average response time. For this reason we
regard the median as a more representative measure of response
time. The median response time was 9.2 months for the 1,068
FOIA cases completed during this reporting period. This means
that 50% or 534 of the 1,068 FOIA cases closed during this
reporting period took 9.2 months or longer to complete, while
the remaining 50% or 534 cases closed took 9.2 months or less
to complete. The mean or average response time for these 1,068
cases was 15.5 months. The discrepancy between the mean
response time of 15.5 months and the median response time of
only 9.2 months illustrates clearly the distortion in the
response-time measure produced by our special efforts to clear
old cases. More importantly, it shows how dramatically the
response time can improve once the backlog of old cases is
eliminated. This reduction in response time is most
encouraging, and should show even more dramatic improvement in
the next reporting period. We believe that is clearly what
Congress intended when it enacted the new legislation.
Future Prospects
Our most spectacular success during this reporting period
has been the steady decline in our backlog of cases. We expect
this decline to continue and our overall backlog (FOIA, PA, and
EO cases) to fall to well below 2,000 cases by the end of the
third reporting period.
The backlog reduction alone will further improve our
response time, especially the closing out of older cases. As
these are completed, personnel who have been reviewing and
coordinating mounds of documents containing essentially no
releasable information will be freed to work on more current
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cases. Furthermore, as our workload decreases, thus resulting
in a lighter case load for each case officer, these officers
will be able to devote more time and attention to monitoring
the progress of current cases through the system, thus ensuring
that the processing of each case moves steadily forward with no
unnecessary delay. Continuous attention to each case as it
moves through the processing system is yet another initiative
planned by IPD to speed the processing of cases and reduce
overall response time even further.
Another activity that is already affecting our response
time favorably is the increase in our collection of material
previously released under FOIA. This collection is managed and
maintained by our newly formed Support Services Branch, and
many new FOIA requests can be serviced directly on a nearly
overnight basis from this collection. This means a faster
response for many requesters without the time and expense of
additional records search and review. As this collection
expands, more requests can be completed in this way. We will
be looking into newer technology as a means of making this
system more responsive, and plans have already been made to add
a contract librarian/indexer to our staff so that the
collection of previously released materials can be organized
and structured so as to be searchable in response to a wider
variety of FOIA requests.
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Reglstry4
'1 I_______
9 APR 1985
The Honorable Dave Durenberger
Chairman
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. By
agreement between our Office of Legislative Liaison and staff
members of your committee and the House Permanent Select
Committee on Intelligence, this initial report--due 15 April
1985--covers a five-month period in order to allow time for
developing statistical data necessary for producing the
report. Subsequent reports, due 15 October 1985, 15 April
1986, and 15 October 1986, will cover a full six months each.
Personnel of this Agency who are working on FOIA requests
are making a strong and conscientious effort to comply with the
Director's commitment to Congress. The results of their
efforts thus far are encouraging and we are optimistic that our
next report to you will show even more progress.
STAT
Sincerely,
Harry E. Fitzwater
Deputy Director
for
Administration
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Central Intelligence Agency
LDD/A RE.Eist.ry
9 APR 1985
The Honorable Jack Brooks
Chairman
Committee on Government Operations
House of Representatives
Washington, D.C. 20515
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. By
agreement between our Office of Legislative Liaison and
committee staff members of Senate Select Committee on
Intelligence and House Permanent Select Committee on
Intelligence, this initial report--due 15 April 1985--covers a
five-month period in order to allow time for developing
statistical data necessary for producing the report.
Subsequent reports, due 15 October 1985, 15 April 1986, and
15 October 1986, will cover a full six months each.
Personnel of this Agency who are working on FOIA requests
are making a strong and conscientious effort to comply with the
Director's commitment to Congress. The results of their
efforts thus far are encouraging and we are'optimistic that our
next report to you will show even more progress.
Sincerely,
STAT
Harry E. Fitzwater
Deputy Director
for
Administration
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Central Intelligence Agency 4 ; g t r y
APR 1985
The Honorable Strom Thurmond
Chairman
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. By
agreement between our office of Legislative Liaison and
committee staff members of the Senate Select Committee on
Intelligence and House Permanent Select Committee on
Intelligence, this initial report--due 15 April 1985--covers a
five-month period in order to allow time for developing
statistical data necessary for producing the report.
Subsequent reports, due 15 October 1985, 15 April 1986, and
15 October 1986, will cover a full six months each.
Personnel of this Agency who are working on FOIA requests
are making a strong and conscientious effort to comply with the
Director's commitment to Congress. The results of their
efforts thus far are encouraging and we are optimistic that our
next report to you will show even more progress.
STAT
Harry E. Fitzwater
Deputy Director
for
Administration
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=U-dl iruciIr ^VaXy
The Honorable Lee H. Hamilton
Chairman
Permanent Select Committee
on Intelligence
House of Representatives
Washington, D.C. 20515
The enclosed report is submitted in compliance with the
reporting requirements of the CIA Information Act of 1984. By
agreement between our Office of Legislative Liaison and staff
members of your committee and the Senate Select Committee on
Intelligence, this initial report--due 15 April 1985--covers a
five-month period in order to allow time for developing
statistical data necessary for producing the report.
Subsequent reports, due 15 October 1985, 15 April 1986, and
15 October 1986, will cover a full six months each.
Personnel of this Agency who are working on FOIA requests
are making a strong and conscientious effort to comply with the
Director's commitment to Congress. The results of their
efforts thus far are encouraging and we are optimistic that our
next report to you will show even more progress.
STAT
STAT
Harry E. Fitzwater
Deputy Director
for
Administration
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Initial Report on FOIA Processing
Measures to Improve Processing
During the hearings prior to the passage of the CIA
Information Act of 1984, the Director of Central Intelligence
committed the Agency to improving the processing of Freedom of
Information Act (FOIA) requests to the maximum extent possible
and to effect a substantial reduction in the Agency backlog of
requests. The file designations permitted by the Act were not
fully in effect during this reporting period and have, therefore,
had no impact on our accomplishments reflected in this initial
report. As a result of the Director's commitment, however,
several initiatives were undertaken and are already showing
success. We have used this initial reporting period to revamp
our supporting mechanisms and to identify ways our processing
procedures can be made more efficient.
--Within the Information and Privacy Division (IPD)--the
Coordinator's staff--personnel have been augmented by
three annuitants rehired on a part-time basis. This
additional help at the case officer level has enabled IPD
to reduce its backlog of cases ready for final response
to about one or two days' work.
--Additional equipment has been ordered for IPD to
increase the staff's efficiency. This includes two
more word processors, five more computer terminals,
and related hardware.
--More up-to-date, ergonomically-designed furniture
has been ordered to make better use of existing space,
accommodate additional personnel, and increase the
efficiency of the staff.
--Judicious use of overtime has been authorized to
keep backlogs from developing within the Division and
to maintain a smooth flow of work.
--A major change in the structure of the Division was
accomplished by creating a branch to manage the
support functions essential to the processing of
cases. This branch is also required to maintain,
monitor, and review existing case files on a
continuing basis. This is designed both to speed up
our processing and to increase its accuracy. Cases
are now less likely to be misplaced or correspondence
neglected, as is almost inevitable without such
continuous tracking, given our large workload.
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--Finally, in an effort to complete some of the
oldest, problem cases, the Coordinator is initiating a
series of regular conferences with the Information
Review Officers of each directorate to determine why
these cases are still open and to assign appropriate
action to complete them.
Other components of the Agency have looked closely at their
own organization and have made similar improvements and plans.
--The Office of General Counsel'(OGC) has increased by
one the number of attorneys devoted primarily to
processing information requests and appeals, raising
the total to three. OGC plans to hire an additional
part-time paralegal and has made increased use of
overtime.
--The Office of Legislative Liaison has hired a part-
time professional who works entirely on FOIA, Privacy
Act, and Executive Order information requests.
Budgetary and Personnel Allocations
It is not possible to calculate personnel or equipment
devoted to FOIA processing alone, because FOIA requests are
processed throughout the Agency by the same people who process
Privacy Act (PA) requests and Executive Order (EO) 12356
mandatory review requests. The only way this can be
approximated is by percentage of workload, and this changes
daily. During 1984, for instance, FOIA requests constituted
54% of requests received, while PA and EO requests constituted
38% and 8%, respectively. This has not changed greatly over
the years, but a gradual trend toward a higher percentage of
FOIA requests has been evident in recent years.
There are 119 Agency personnel partially or entirely
occupied with processing FOIA/PA/EO information requests. Of
these, 86 are full-time staff, 16 are part-time staff, and 17
are rehired annuitants working two to three days per week.
Based on the number of hours worked thus far this year, our
manpower input would average 118.6 manyears if extrapolated for
the full year. This is somewhat higher so far than the 114
manyears reported in our annual report to Congress for 1984.
The estimated expenditure for personnel costs during this
period was $1.32 million. This figure is based on an average
professional grade of GS-12/1 and an average clerical grade of
GS-06/1--the same formula used for our annual report. Based on
the percentages given above, it is estimated that about
$700,000 of this total was spent on FOIA.
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Workload Trends
The file designations allowed by the CIA Information Act of
1984 were not in effect for most of this reporting period and,
as stated earlier, have not yet had an impact on our workload.
The initiatives described above, however, have enabled us to
reduce our backlog of FOIA/PA/EO cases requests by 392 cases.
The following tabulation will illustrate this decline:
15 Oct 84
-Backlog
Cases
Opened
Cases
Closed
15 Mar 85
Backlog
Net
Reduction
Total backlog
3,034
1,235
1,627
2,642
392
FOIA backlog
1,967
551
880
1,638
329
The reduction of our FOIA case backlog from 1,967 to
1,638--a reduction of 329--represents a decrease of about 17%
in FOIA backlog.
Response Time
It is also too soon to see an impact of the file
designations on our response time, but we have made some
baseline calculations for future comparisons. For this purpose
we reviewed all FOIA cases closed during the period 15 October
1983 to 14 October 1984 and recorded the number of months
required for completion of each. We have done the same review
of cases closed between 15 October 1984 and 14 March 1985, and
will do so for each six-month period until October 1986. Our
review indicates that the response time has improved slightly.
For cases closed between 15 October 1983 and 14 October 1984,
the average number of months required to complete a case was
14.9. For the period of 15 October 1984 to 14 March 1985 the
average was 14.5 months.
Future Prospects
For your information, the Coordinator has instructed
components that cases for which a search has already been made
and review substantially completed are to be finalized with all
documents treated in the final response, whether or not the
records retrieved were retrieved from files now designated.
Even with operational files designated as exempt, there are
major records systems that are still accessible under FOIA and
which contain the intelligence product of the operational
files.
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Furthermore, all requests for information on himself/
herself received from a U.S. citizen or permanent resident
alien, whether requested under FOIA or PA, will be searched in
all appropriate files, including those designated as exempt.
The net impact of the file designations permitted by the
CIA Information Act of 1984 will be to reduce response time,
not the amount of information released.
During the next reporting period the file designations
should be fully implemented, and our recently purchased
equipment and furniture should have arrived. In addition, we
are considering rehiring up to three more annuitants on a
part-time basis. While we made progress during this initial
reporting period, we expect the measures described in this
report to improve further our FOIA processing during subsequent
reporting periods.
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Central Intelligence Agency
The Honorable James C. Wright
Speaker of the House of Representatives
Washington, DC 20515
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 comr,Le!tioon 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
;nandator,/ _o'vie'w 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
R. M. Huffstutler
Deputy Director
for
Administration
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The Honorable George Bush
President of the Senate
Washington, DC 20510
Central intdligcncc Agency
~. dr eiI
.29 FB 1888
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
u s u er
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.
Autho
rity 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
(5) (6)
33
(5) (7)
5
(b) (8)
0
(5) (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:
No. of instances
Title of participation
Donnelly, William F. Former Deputy Director
for Administration
Kerr, Richard J. Deputy Director for
Intelligence
Hauver, Carroll L. Former Inspector General 4
George, Clair E. Former Deputy Director
for Operations
Hineman, Richard E. Deputy Director for
Science and Technology
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 HHB-70-1 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 Snaking records available:
The total amount collected and transmitted for deposit in the U.S.
Treasury during 1937 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 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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Production/Workload 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 from
the Presidential Libraries or declassification requests from other Federal
agencies.
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46456 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
S75 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 am)
BILLING CODE 4$10.10-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
dS 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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interest (rj 1900 33). a request (11900 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.
(t) 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
(s)(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 drsirah;i?
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
dctcrminalion made under paragraph
(c)(3) of this section and. in the c., se of a
determination that the communication is
a request. of the date of arcept.ince The
search conducted pursuant to that
request shall be for records in exi:;?uni't'
as of and through the acceptance date.
Such notification shill be given
promptly and. in any case. within fife
work days of the date of such
determination. The ten work do y%
within which the Agency must
driermine whether to comply with n
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
"a'hxli" 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
f 1900.25(c)(4) through (6) having a
dollar value equivalent to two (2) hours
of professional search time (i.e.. 6 00).
(I) There are four categories of FOIA
requesters: "commercial use"
requesters: "educational and non-
eommercia! 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) "Commerriol Use"Reques!rrsr
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
nought 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
institutionjoesearch. Requesters most
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 11900.3(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 i 1900.3(q). Requesters must
reasonably describe the records sought.
(4) "All Other" Requesters: FO1A
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 Ice
provisions of the Privacy Act of 1914
which permit access to records without
charge.
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 relra%e. 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) "Educetionol and :1'on?cemmcrcial
Scientific Institution" Reques:ers: The
Agency will provide documents to
requesters in this category for the cost of
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1900
Public Access to Documents and
Records and Declassification
Requests
AGENCY: Central Intelligence Agency.
ACTION: Findl rule.
J 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
go% ernmcnt 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
go%ernmcni 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 it 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.
(r) In those cases where the
Coordinator estimates that the fees will
srxceed 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 the-fees. Dispatch of such a
notice shalt 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) Fur each one quarter hour. or
friction 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.
S11 At):
(5) For each off-line (batch) computer
search of Central Reference Files. $27.00.
(0) For all other off-line computer
searches of Agency files. $8.00 per
minute of Central Processing Unit (CP'U)
time:
(7) For copies of paper documents in
sizes not larger than 8' x 14. S0.10 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 ducct cost: and
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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 el 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 1235613 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 searn.h is
predicated on the concept of reasonable_
search as contrasted to research which
is neither required nor authorized b% 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 ie 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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institution of professional education and
an institution of vocational education
which operates a degree-granting.
accredited program or programs of
scholarly research in recognized fields
of study. The criteria to be met to be
included in this category. for the
purposes of fee waivers, are not
satisfied simply by showing that the
request is for a library or other records
repository. Such requests, like those of
other requesters, will be analyzed to
identify the particular person who will
actually use the requested information
in a scholarly or other analytic work
and then disseminate it to the general
public.
(p) "Non-commercial scientific
institution" refers to an institution in the
United States that is not operated on a
"commercial" basis as that term is
referenced in paragraph (n) of this
section and which is operated solely for
the purpose of conducting natural life or
physical sciences research the results of
which are not intended to promote any
particular product or industry.
(q) "Representatives of the news
media" refers to any person actively
gathering news for 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
employed by it. A publication contract
would be the clearest proof. but the
requester's past publication record may
also be relevant evidence of the
requester's status.
County, VA. Functions are channeled permanent resident alien, a federal
and determined by regular chain-of- agency or a State or local government.
command procedures. Except as This Agency shall require sufficient
provided by this regulation, there are no identifying information from the
formal or informal procedural requester to authenticate the requester's
requirements regarding public access to qualifications.
Agency records. Requests and other
submittals should be addressed to: ? 1900.23 Pre-request option: Estimates of
Information and Privacy Coordinator, charges.
Central Intelligence Agency, (a) In order to avoid being faced with
Washington, DC 20505. unanticipated sizeable charges.
Requesting Records interested persons and entities may
defer the submission of requests for
? 1900.11 Freedom of Information Act and records and first submit a written
Executive Order 12356 communications; request, in accordance with the
requirements as to form procedures prescribed by ? 1900.11 for
(a) Any communication to the CIA or an estimate of charges likely to be
to the Director of Central Intelligence incurred if the records are requested.
under the Freedom of Information Act or (b) Notice is hereby given that a
Executive Order 12356 should be requester may be liable for the payment
addressed to: Information and Privacy of search charges. in accordance with
Coordinator, Central Intelligence the fee schedule and provisions of
Agency, Washington, D.C. 20505. This ? 1900.25, even if search for requested
address should appear on the envelope records locates no such records and
or other folder or package in which the even if some or all of requested records
communication is transmitted. It should which are located are denied the
also be included as the addressee of the requester under one or more exemptions
letter or other communication or be of the Freedom of Information Act or
clearly set forth in the text of the Executive Order 12356.
communication.
(b) Any request for records under the 1900.25 Fees for records services.
Freedom of Information Act (? 1900.35), (a) Search, review, and duplication
records expression of 0.35) or request for fees will be charged in accordance with
declassification of ) records recorqdus est for under the schedule set forth in paragraph (c) of
Executive his section for services rendered in
ExecutivOrder ore 12356 (? 19W00.3.35) shall responding to requests for Agency
be in writing and shall be addressed as resprespond underrthis eq part. for the extent
prescribed by ? 1900.11(a). The
Coordinator may, but need not, waive possible, the most efficient and least
the requirements as to address. costly methods will be used to comply
(c) The request or expression of with requests for documents made under
interest shall reasonably describe the the FOIA. Records will be furnished
records of interest and, in the case of without charge or at a reduced rate
mandatory declassification review, whenever the Coordinator determines
requests shall identify the documents(s) that a waiver or reduction is in the
with specificity such as by National public interest because it is likely to
Archives and Records Administration contribute significantly to public
(NARA) Document Accession Number understanding of the operations or
or other applicable, unique document activities of the United States
identifying number. government and is not primarily in the
(d) Any request or communications to commerical interest of the requester.
an agency other than the Central The Coordinator shall consider the
Intelligence Agency which concern following factors in making his
documents, records or information determination:
originated by the CIA and referred to (1) Whether the subject of the
the CIA, shall be considered a Freedom requested records concerns the
of Information request to the CIA for operations or activities of the United
that referred document as of date of States government: and, if so,
receipt by the CIA of the referral, and (2) Whether the disclosure of the
shall be processed pursuant to requested documents is likely to
regulations. contribute to an understanding of United
? 1900.21 Identification of persons States government operations or
requesting information under the activities; and, if so,
provisions of Executive Order 12356. (3) Whether the disclosure of the
? 1900.5 Organization; requests and Pursuant to section 3.4(a)(1) of requested documents will contribute to
submittals. Executive Order 12356. a mandatory public understanding of United States
The headquarters of the Central declassification review request can be government operations or activities:
Intelligence Agency is located in Fairfax made only by a United States citizen or 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 B"2 x 14, $0.10 per
copy of each page;
(8) For duplication of non-paper media
(film, magnetic tape, diskette, etc.) or
any document that cannot be
reproduced on a standard office copier.
actual direct cost; and
(9) For copies of reports, maps.
reference aids, and other Agency
publications, actual costs.
(h) Inasmuch as the Agency's systems
of records are 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 al
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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collecting a fee would be equal to or reproduction alone, excluding charges interest (41900.33), a request (? 1900.35)
greater than the fee itself. These for the first 100 pages. To be eligible for or other, and
provisions work together, so that, except inclusion in this category, requesters (2) If he determines the
for commercial use requesters, the must show that the request is being communication to be an intended
Agency will not begin to assess fees made as authorized by and under the expression of interest or intended
until after providing the specified free auspices of a qualifying United States request, he shall further determine
search and reproduction. If the amount institution and that the records are not whether it fails to qualify as an
of the chargeable fees is equal to or less sought for commercial use, but are expression of interest or request only
than the cost of the Agency of billing the sought in furtherance of scholarly (if the because it fails to reasonably describe
requester and processing the fee request is from an educational the records of interest.
collected, no charges would result. The institution) or scientific (if the request is (c) The Coordinator thereupon shall
elements to be considered in from a non-commercial scientific take the appropriate one of the following
determining the "cost of collecting a fee" institution) research. Requesters must actions.
are the administrative costs to the reasonably describe the records sought. (1) If he determines that the
Agency of receiving and recording a (3) "Representatives of the News communication was not an intended
requester's remittance, and processing Media" Requesters: The Agency shall expression of interest or an intended
the fee for deposit in the Treasury provide documents to requesters in this request, he shall take such action with
Department's special account. The per- category for the cost of reproduction respect to the communication as he may
transaction cost to the Treasury to alone, excluding charges for the first 100 deem appropriate.
handle such remittances will not be pages. To be eligible for inclusion in this (2) If he determines that the
considered in the Agency's category, a requester must meet the communication was an intended
determination. criteria in 4 1900.3(q). and his or her expression of interest or an intended
(1) For purposes of these restrictions request must not be made for a request but failed to reasonably
on assessment of fees, the word "pages" commercial use. In reference to this describe the records of interest, he shall
refers to paper copies of a standard class of requester, a request for records so inform the originator of the
Agency size which will normally be supporting the news dissemination communication promptly, in writing, and
' 8'/zxll" or "11x14." Thus, requesters function of a requester shall not be he may offer to assist the originator in
would not be entitled to 100 microfiche considered to be a request that is for revising and perfecting the description
or 100 computer diskettes, for example, commercial use provided that the of the records of interest.
but rather such microfiche, diskettes, or requester meets the requirements (3) The Coordinator shall determine
other computer output having a dollar specified in ? 1900.3(q). Requesters must whether any communication not acted
value equivalent to 100 pages of paper reasonably describe the records sought. on under paragraph (c)(1) or (c)[2) of this
copies (i.e., $10.00). (4) 'A11 Other" Requesters. FOIA section is an expression of interest, or is
(2) Similarly, the term "search time" in -requesters who do not fit in any of the a request made in accordance with
this context has, as its basis, manual categories above will be charged fees published rules stating the procedures to
search. To apply this term to searches which recover the full reasonable direct be followed, as required by subsection
made by computer, the Agency will cost of searching for and reproducing (a)(3) of the Freedom of Information Act
provide computer searches under records that are responsive to the or Executive Order 12356. The
4 1900.25(c)(4) through (6) having a request, except that the first 100 pages of Coordinator's determination in this
dollar value equivalent to two (2) hours reproduction and the first two hours of regard shall be based on and shall
of professional search time (i.e., $36.00). search time shall be furnished without reflect the clear intent of the originator
(1) There are four categories of FOIA charge. Moreover, requesters asking for of the communication insofar as the
requesters: "commercial use" records about themselves will continue
requesters: "educational and non- Coordinator is able to determine that
commercial scientific institution" to be treated under the CIA fee intent. When the originator's intent is
requesters; "representatives of the news provisions of the Privacy Act of 1974 not apparent to the Coordinator and
media" requesters; and, "all other" which permit access to records without when the Coordinator deems it desirable
requesters. The FOIRA prescribes charge. and feasible, he shall promptly
specific levels of fees for each of these Processing Freedom of Information and communicate with the originator in
categories: Executive Order Communications order to ascertain the latter's intent. In
(1) "Commercial Use" Requesters: this and any cases where additional
When the Agency receives a request for 1900.31 Screening communications. information is required, the request will
documents for commercial use, it will (a) If any Agency employee receives a be canceled after 60 days if no reply is
assess charges which recover the full written communication which the received.
direct costs of searching for, reviewing employee believes to be an apparent or (d) The Coordinator shall inform the
for release, and duplicating the records intended communication under the requester, in writing, of his
sought. Requesters must reasonably Freedom of Information Act or the determination made under paragraph
describe the records sought. Commercial mandatory declassification review (c)(3) of this section and, in the case of a
use requesters are not entitled to two provisions of Executive Order 12356, he determination that the communication is
hours of free search time nor 100 free shall expeditiously transmit the a request, of the date of acceptance. The
pages of reproduction of documents. The communication to the Coordinator. search conducted pursuant to that
Agency will recover the cost of (b) Upon receipt of a communication request shall be for records in existance
searching for and reviewing records in accordance with 41900.11 or as of and through the acceptance date.
even if there is ultimately no disclosure paragraph (a) of this section, the Such notification shall be given
of records. Coordinator shall promptly consult with promptly and, in any case, within five
(2) "Educational and Non-commercial such Agency components as he may work days of the date of such
Scientific Institution" Requesters: The deem appropriate and: determination. The ten work days
Agency will provide documents to (1) Determine the nature of the within which the Agency must
requesters in this category for the cost of 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 1 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 1 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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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
c;rcumstances 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
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; expirction o"
appeal. An appeal under the Freedom of
Information Act shall be exercised
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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]
a1LLWNG CODE 6310-02-M
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
(FRL 3295-71
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) 8863-6038, before
visiting the Region V Office.)
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Central intelligence Agency
The Honorable George Bush
President of the Senate
Washington, DC 20510
2 8 FEB 1987
OIS 87-019
Submitted herewith, pursuant to the provisions of 5 U.S.C.
S552(d), is the report of the Central Intelligence Agency concerning
its administration of the Freedom of Information Act (FOIA) during
calendar, year 1986.
This was another year of achievement in terms of our commitment
to reduce our backlog of requests for information. Despite an
increase of 10 percent in the number of incoming requests, compared
with the number, received in 1985 (3094 compared with 2804), we were
able to complete 3580 requests. Our backlog of 1661 cases at the
end of 1985 was thus reduced to 1175 at the end of 1986, a reduction
of 29 percent. Of the 3094 new requests, 1526 were POIA cases, 1312
were "my file" requests processed under the Privacy Act, and 256
were for mandatory review under Executive Order 12356.
The Agency's semi-annual reports to Congress, required by the
CIA Information Act, have been sent for the last two years to the
Senate Committee on the Judiciary, the Senate Select Committee on
Intelligence, the House Permanent Select Committee on Intelligence,
and the House Committee on Government Operations. In those reports
we included statistics for the median response time in handling FOIA
requests. Representative English, Chairman of the Government
Information, Justice, and Agriculture Subcommittee of the Committee
on Government Operations, found that statistic particularly useful
in assessing our performance and asked that we continue to include
our response time in the annual reports. For the FOIA cases on
which responses were completed in 1986, the median response time was
3.24 months. This is a considerable improvement over the median
response time of 9.2 months reported in October 1985 for the period
of March to September 1985. October 1985 was the first time this
calculation was made.
The CIA Information Act has contributed significantly to the
reduction of both our backlog and our response time because
Intelligence Officers no longer have to spend time reviewing a large
volume of unreleasable operational documents. They can now devote
their efforts to documents that possibly can be released, thus
speeding up the processing of requests that have some potential for
adding to the public's knowledge. We have also concentrated part of
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our manpower on completing our older requests. In most instances,
these are massive cases that require the efforts of several analysts
over a long period of time. Again this year we reduced the number
of open cases received prior to 1980 by over half. At the beginning
of 1986 there were 96 pre-1980 cases still open; at year's end there
were only 34. There are only 26 cases received in 1980 that remain
open, bringing our total remaining pre-1981 cases to 60 with the
inclusion of an additional year. More complete details of our
production/workload statistics for CY 1986 are enclosed at Tab A.
There were 158 new administrative appeals received this year. With
the completion of 178 appeals, our appeals workload was reduced by
20 cases, bringing our total of open appeals to 166.
During 1986 our manpower input to FOIA/PA processing was 107
manyears -- a level consistent with recent years. 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 1985. Since 1975
we estimate that the Agency has spent over $36 million in personnel
costs alone for processing information requests -- $20.7 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 has, since 1975,
collected only $105,086 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 number of fee
waivers and reductions granted, the Agency collected only $4,877 in
fees and advance deposits during CY 1986 -- about half that of CY
1985. The fee waiver provisions in the Freedom of Information
Reform Act, passed in late 1986, will further reduce our fee
collections during the coming year.
During 1986 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
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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 our continued
improvement in the reduction of our backlog and response time and
will make every effort to show further improvement during CY 1987.
STAT
William F. Donnelly
Deputy Director
for
Administration
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Central Intelligence Agency
p.
The Honorable James C. Wright
Speaker of the House of Representatives
Washington, DC 20515
Dear Mr. Speaker:
2 8 j E
I~o
OIS 87-019
Submitted herewith, pursuant to the provisions of 5 U.S.C.
S552(d), is the report of the Central Intelligence Agency concerning
its administration of the Freedom of Information Act (FOIA) during
calendar year 1986.
This was another year of achievement in terms of our commitment
to reduce our backlog of requests for information. Despite an
increase of 10 percent in the number of incoming requests, compared
with the number received in 1985 (3094 compared with 2804), we were
able to complete 3580 requests. Our backlog of 1661 cases at the
end of 1985 was thus reduced to 1175 at the end of 1986, a reduction
of 29 percent. Of the 3094 new requests, 1526 were FOIA cases, 1312
were "my file" requests processed under the Privacy Act, and 256
were for mandatory review under Executive Order 12356.
The Agency's semi-annual reports to Congress, required by the
CIA Information Act, have been sent for the last two years to the
Senate Committee on the Judiciary, the Senate Select Committee on
Intelligence, the House Permanent Select Committee on Intelligence,
and the House Committee on Government Operations. In those reports
we included statistics for the median response time in handling FOIA
requests. Representative English, Chairman of the Government
Information, Justice, and Agriculture Subcommittee of the Committee
on Government Operations, found that statistic particularly useful
in assessing our performance and asked that we continue to include
our response time in the annual reports. For the FOIA cases on
which responses were completed in 1986, the median response time was
3.24 months. This is a considerable improvement over the median
response time of 9.2 months reported in October 1985 for the period
of March to September 1985. October 1985 was the first time this
calculation was made.
The CIA Information Act has contributed significantly to the
reduction of both our backlog and our response time because
Intelligence Officers no longer have to spend time reviewing a large
volume of unreleasable operational documents. They can now devote
their efforts to documents that possibly can be released, thus
speeding up the processing of requests that have some potential for
adding to the public's knowledge. We have also concentrated part of
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our manpower on completing our older requests. In most instances,
these are massive cases that require the efforts of several analysts
over a long period of time. Again this year we reduced the number
of open cases received prior to 1980 by over half. At the beginning
of 1986 there were 96 pre-1980 cases still open; at year's end there
were only 34. There are only 26 cases received in 1980 that remain
open, bringing our total remaining pre-1981 cases to 60 with the
inclusion of an additional year. More complete details of our
production/workload statistics for CY 1986 are enclosed at Tab A.
There were 158 new administrative appeals received this year. With
the completion of 178 appeals, our appeals workload was reduced by
20 cases, bringing our total of open appeals to 166.
During 1986 our manpower input to FOIA/PA processing was 107
manyears -- a level consistent with recent years. 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 1985. Since 1975
we estimate that the Agency has spent over $36 million in personnel
costs alone for processing information requests -- $20.7 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 has, since 1975,
collected only $105,086 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 number of fee
waivers and reductions granted, the Agency collected only $4,877 in
fees and advance deposits during CY 1986 -- about half that of CY
1985. The fee waiver provisions in the Freedom of Information
Reform Act, passed in late 1986, will further reduce our fee
collections during the coming year.
During 1986 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
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r
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 our continued
improvement in the reduction of our backlog and response time and
will make every effort to show further improvement during CY 1987.
Sincerely,
STAT
William F. Donnelly
Deputy Director
for
Administration
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r
FREEDOM OF INFORMATION ACT
ANNUAL REPORT TO THE CONGRESS FOR THE YEAR 1986
1. Total number of initial determinations not to comply with a
request for records made under subsection 552(a): 850
There were 680 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
680 have not been included in the 850 figure provided in answer
to question No. 1 above. In 249 instances, our searches
uncovered no records relevant to the request. In 11 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 73 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 7 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. Seventeen requests were withdrawn by the
requesters after processing had commenced, but before action on
them could be completed. Finally, 319 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. In
each of the latter cases, at least 60 days had elapsed without
a reply from the requester before action was taken to
discontinue processing.
2.
Autho
rity relied upon for each such
determination:
(a)
Exemptions in 552(b):
Number of times (i.e.,
Exemption involved
requests)
invoked
(b) (1)
732
(b) (2)
6
(b) (3)
792
(b) (4)
9
(b) (5)
22
(b) (6)
83
(b) (7)
21
(b) (8)
0
(b) (9)
0
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(b) Statutes invoked pursuant to Exemption No. 3:
Number of times (i.e.,
Statutory citation requests) invoked
50 U.S.C. 403(d)(3) 792
and/or 50 U.S.C. 403g
(c) Other authority: None
3. Appeal Determinations:
(a) Total number of administrative appeals from
adverse initial decisions received in 1986 made pursuant to
subsection (a) (6) : 95
In six other cases, requests which were initially processed
under the provisions of the Privacy Act were processed under
the Freedom of Information Act upon appeal, in accord with the
wishes of the appellants. These were requests for access to
personal records, which the CIA usually processes under the
Privacy Act rather than the Freedom of Information Act.
(b) Number of all appeals closed in 1986 in which,
upon review, request for information was granted in full: None
(c) Number of all appeals closed in 1986 in which,
upon review, request for information was denied in full: 73
(d) Number of all appeals closed in 1986 in which,
upon review, request was denied in part: 22
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) 88
(b) (2) 2
(b) (3) 93
(b) (4) 0
(b) (5) 1
(b) (6) 10
(b) (7) 5
(b) (8) 0
(b) (9) 0
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(b) Statutes invoked pursuant to Exemption No. 3:
Number of times (i.e.,
Statutory citation appeals) invoked
50 U.S.C. 403(d) (3) 93
and/or 50 U.S.C. 403g
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:
Name Title
Donnelly, William F. Deputy Director for
Administration
Kerr, Richard J. Deputy Director for
Intelligence
Hauver, Carroll L. Inspector General
George, Clair E. Deputy Director
for Operations
Hineman, Richard E. 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 HHB-70-1 submitted with the 1983 report is still
valid.
8. Provide separately a copy of the fee schedule adopted and
the total dollar amount of fees collected for making records
available:
See Tab B for a copy of the fee schedule.
The total amount collected and transmitted for deposit in
the U.S. Treasury during 1986 was $4877.20.
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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 193,269 actual man-hours of labor was
devoted during calendar year 1986 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 107
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
1986 on personnel salaries, if overtime payments are ignored,
would thus amount to $3.53 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
$3.9 million. Of this total, approximately $2.5 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
Both actions were brought under FOIA.
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(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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Production/Workload Statistics
FOIA
PA
LO*
TOTALS
%
Workload:
Cases carried over
from 1985
941
509
211
1661
(35.0)
Cases logged
during 1986
1526
1312
256
3094
(65.0)
Totals
24 77
18 11
467
4755
Actions taken:
Granted in full
279
483
46
808
(22.6)
Granted in part
406
357
170
933
(26.1)
Denied in full
444
167
72
683
(19.1)
No records found
249
401
0
650
(18.2)
No CIA records found
11
5
0
16
( 0.4)
Canceled
319
58
3
380
(10.6)
Withdrawn
17
1
0
18
( 0.5)
Referred elsewhere
73
7
0
80
( 2.2)
Early appeal
7
0
0
7
( 0.2)
Early litigation
4
1
0
5
( 0.1)
Totals:
1809
1480
291
3580
(100.0)
Cases carried over
to 1987
658
341
176
1175
Change in workload
-283
-168
-35
- 486
(-29.2)
*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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.17
? 74920 Federal Register / Vol. 45, No. 221 / Thursday, November 13, 1980 / Rules and Regulations
Public Access to Documents and
Records and Declassification
Requests
AGENCY: Central Intelligence Agency.
ACTION: Final rule.
EFFECTIVE DATE: November 13, 1980.
? 1900.25 Fees for records services.
(a) Search and duplication fees shall be
charged according to the schedule set forth
in paragraph (c) of this section for services
rendered in responding to requests for
Agency records under this part. Records
shall be furnished without charge or at a
reduced rate whenever the Coordinator
determines that a waiver or reduction of
the charge is in the public interest because
furnishing the information can be consid-
ered as primarily benefiting the general
public. Thus. the Coordinator shall deter-
mine the existence and extent of any identi-
fiable benefit which would result from
furnishing the requested information and
he shall consider the following factors in
making this determination:
(1) The public or private character of the
information sought;
(2) The private interest of the requester:
(3) The numbers of the public to be
benefited;
(4) The significance of the benefit to the
public;
(5) The usefulness of the information to
the public; and
(6) The quantity of similar or duplicative
information already in the public domain.
In no case will the assessment of fees be
utilized as an obstacle to the disclosure of
the requested information. The Coordina-
tor may also waive or reduce the charge
whenever he determines that the interest of
the government would be served thereby.
Fees shall not be charged where they would
amount, in the aggregate, for a request, or a
series of related requests, to less than $6.
Denials of requests for fee waivers may be
appealed by writing to the Executive Secre-
tary of the Information Review Committee,
via the Coordinator.
(b) In order to protect the requester and
the Agency from large, unexpected fees,
when it is anticipated that the charges will
amount to more than $25, the processing of
the request shall be suspended until the
requester indicates his willingness to pay.
The requester shall be notified and asked
for his commitment to pay all reasonable
search and duplication fees. At his option,
the requester ma) indicate in advance a
dollar limitation to the fees. 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 stipu-
lated 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. In those cases where the Coor-
dinator estimates that the fees will be sub-
stantial. an advance deposit of 50 percent
of the estimated fees will be required. in
those cases where there is reasonable evi-
dence 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 oppor-
tunity to revise the request in a manner
calulated to reduce the fees. Dispatch of
such a notice or request shall suspend the
running of the period for response by the
Agency until a reply is received from the
requester.
(c) The schedule of fees for services
performed in responding to requests for
Agency records is established as follows:
(1) For each one quarter hour, or fraction
thereof, spent by clerical personnel in
searching for a record. $1.50;
(2) For each one quarter hour, or fraction
thereof, spent by professional personnel in
searching for a record, $3.50;
(3) For each on-line computer search.
$11.00;
(4) For each off-line (batch) computer
search of Central Reference files. $27.00.
(5) For all other off-line computer
searches of Agency files, $8.00 per minute
of Central Processing Unit (CPU) time.
(6) For copies of paper documents in sizes
not larger than 8! X 14 inches. $0.10 per
copy of each page.
(7) For duplication of non-paper media
(film, magnetic tape, etc ) or an', document
that cannot be reproduced on a standard
office copier, actual direct cost: and
(8) For extra copies of reports. maps.
reference aids, and other Agene, publica-
tions, actual cost.
(d) Inasmuch as the Agency's systems of
records are highly decentralized, several
computer searches may be required to pro-
cess a request, depending upon its scope.
The computer search costs given in para-
graph (c), of this section, do not include
whatever professional .'clerical search time
is needed to determine whether the records
located are in fact responsive to the request.
(e) Search fees are assessable even when
no records pertinent to the requests. or no
releasable records are found. provided the
requester has been advised of this fact and
he has, that notwithstanding agreed to in-
cur the costs of search.
(f) For requests which have accrued sub-
stantial search and duplication fees. or for
requests for records which have been previ-
ously released, or where there is reasonable
evidence that the requester ma' 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: other-
wise, the requester shall be billed for such
fees at the time that the records are provid-
ed. Payment shall be remitted b', check or
money order, made payable to the Treasur-
er of the United States, and shall be sent to
the Coordinator. No appeals or additional
requests shall be accepted for processing
until the requester has paid all outstanding
charges for services rendered under this
part.
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Central Intelligence Agency
1& - L -, 7 4'
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 1985.
This was a record year for the Agency in terms of our
accomplishments in reducing our backlog of requests for
information. Although the number'of requests received was
about the same as in 1984 (2,804 total, 1,440 of which were
FOIA), we were able to complete the processing of 4,098
requests, reducing our backlog by 1,294 cases. The backlog at
the end of CY 1985 stood at 1,661 cases, the lowest it has been
in a decade. Contributing significantly to this reduction,
especially during the latter half of the year, was the passage
of the CIA Information Act and the subsequent designation of
our operational files as exempt from search. The file
designations were essentially completed by late spring of 1985,
allowing us thereafter to complete a number of requests more
.rapidly where exempt files were involved, since the time
consuming search and review of exempt records were eliminated.
Several other factors contributed to our success as well.
The investment in equipment during 1984 to provide each case
officer on the Coordinator's staff with a word processor paid
huge dividends this year in speeding up our correspondence.
The reorganization of the Information and Privacy Division to
combine all support personnel into one branch gained tighter
control over the internal processing, and a continuous review
of open cases kept cases moving on track. Finally, the
addition of another retired annuitant contractor to the
Coordinator's staff, bringing the total to four, to complete
the processing of the large, older cases resulted in a final
response to over half of the pre-1980 open cases. More.
complete details of our production/workload statistics for
CY 1985 are enclosed at Tab A.
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The backlog of administrative appeals increased by 45
during 1985, bringing our year-end appeal workload to 188
cases, not as large as expected in view of the large number of
initial cases closed this year. This increase, however,
represents an appeal rate of only 1 percent of the 4,098
initial responses.
During 1985 our manpower input to FOIA/PA processing of
115.7 manyears was slightly higher than for 1984. The CIA
Information Act passed in 1984 has relieved the Agency of the
burden of reviewing exempt operational files, and, in
compliance with our promise to Congress during the hearings on
the Act, we have maintained our level of manpower input,
concentrating on lowering the backlog of open cases and
improving our response time. We expect that the Act will be of
even more help during the coming years as our workload becomes
more current. Nevertheless, FOIA/PA requests continue to
represent a significant burden to the Agency in two respects.
First of all, even though operational files are no longer
subject to search and review, the review of documents located
in other files and decisions as.to_ what is releasable must
still be made by the professional intelligence officers working
on the area concerned. This means that they must be diverted
from the primary mission of this agency to conduct the review.
Secondly, even discounting our expenditure for space,
equipment, and overtime payments, all of which continued high
during 1985, the administrative burden remains as heavy as in
past years. Since 1975 we estimate that the Agency has spent
over $32.2 million in personnel costs alone for processing
information requests--$18.2 million for FOIA. The provisions
of the Act that permit the Agency to charge fees for record
searches and duplication are inadequate for recovering even a
reasonable part of the costs. The Agency has thus far
collected a total of $100,209 in fees. When compared with
expenditures for administering just the FOIA, this continues to
amount to a return of slightly over one-half cent on the
dollar. Because of the number of fee waivers or fee reductions
granted, the Agency was able to collect only $10,546 in fees
and advance deposits during CY 1985--about twice the amount
collected in 1984, but closer to our collections in past years.
The passage of the CIA Information Act of 1984 has
alleviated our main concerns about the effect of the FOIA on
our intelligence collection effort, since our most sensitive
files are no longer subject to search. Our requesters are
beginning to realize a benefit from the Act, too, in terms of
faster response times. Even though our response time has
improved considerably, and we expect it to improve even more
over the coming year, we will still be unable to comply with
the statutory response time requirements imposed by the FOIA.
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We are, nevertheless, encouraged by the improvement that has
already been made in both our response time and in the
reduction of our backlog of cases, and the Agency remains
committed to further progress in these matters during the
coming year.
Sincerely,
Richard J. Kerr
Deputy Director
for
Administration
STAT
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Central Intelligence Agency
DD/A Registrv _II
The Honorable Thomas P. O'Neill
Speaker of the House of Representatives
Washington, DC 20515
Dear Mr. Speaker:
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 1985.
This was a record year for the Agency in terms of our
accomplishments in reducing our backlog of requests for
information. Although the number of requests received was
about the same as in 1984 (2,804 total, 1,440 of which were
FOIA), we were able to complete the processing of 4,098
requests, reducing our backlog by 1,294 cases. The backlog at
the end of CY 1985 stood at 1,661 cases, the lowest it has been
in a decade. Contributing significantly to this reduction,
especially during the latter half of the year, was the passage
of the CIA Information Act and the subsequent designation of
our operational files as exempt from search. The file
designations were essentially completed by late spring of 1985,
allowing us thereafter to complete a number of requests more
rapidly where exempt files were involved, since the time
consuming search and review of exempt records were eliminated.
Several other factors contributed to our success as well.
The investment in equipment during 1984 to provide each case
officer on the Coordinator's staff with a word processor paid
huge dividends this year in speeding up our correspondence.
The reorganization of the Information and Privacy Division to
combine all support personnel into one branch gained tighter
control over the internal processing, and a continuous review
of open cases kept cases moving on track. Finally, the
addition of another retired annuitant contractor to the
Coordinator's staff, bringing the total to four, to complete
the processing of the large, older cases resulted in a?final
response to over half of the pre-1980 open cases. More
complete details of our production/workload statistics for
CY 1985 are enclosed at Tab A.
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The backlog of administrative appeals increased by 45
during 1985, bringing our year-end appeal workload to 188
cases, not as large as expected in view of the large number of
initial cases closed this year. This increase, however,
represents an appeal rate of only 1 percent of the 4,098
initial responses.
During 1985 our manpower input to FOIA/PA processing of
115.7 manyears was slightly higher than for 1984. The CIA
Information Act passed in 1984 has relieved the Agency of the
burden of reviewing exempt operational files, and, in
compliance with our promise to Congress during the hearings on
the Act, we have maintained our level of manpower input,
concentrating on lowering the backlog of open cases and
improving our response time. We expect that the Act will be of
even more help during the coming years as our workload becomes
more current.- Nevertheless, FOIA/PA requests continue to
represent a significant burden to the Agency in two respects.
First of all, even though operational files are no longer
subject to search and review, the review of documents located
in other files and decisions as,to what is releasable must
still be made by the professional intelligence officers working
on the area concerned. This means that they must be diverted
from the primary mission of this agency to conduct the review.
Secondly, even discounting our expenditure for space,
equipment, and overtime payments, all of which continued high
during 1985, the administrative burden remains as heavy as in
past years. Since 1975 we estimate that the Agency has spent
over $32.2 million in personnel costs alone for processing
information requests--$18.2 million for FOIA. The provisions
of the Act that permit the Agency to charge fees for record
searches and duplication are inadequate for recovering even a
'reasonable part of the costs. The Agency has thus far
collected a total of $100,209 in fees. When compared with
expenditures for administering just the FOIA, this continues to
amount to a return of slightly over one-half cent on the
dollar. Because of the number of fee waivers or fee reductions
granted, the Agency was able to collect only $10,546 in fees
and advance deposits during CY 1985--about twice the amount
collected in 1984, but closer to our collections in past years.
The passage of the CIA Information Act of 1984 has
alleviated our main concerns about the effect of the FOIA on
our intelligence collection effort, since our most sensitive
files are no longer subject to search. Our requesters are
beginning to realize a benefit from the Act, too, in terms of
faster response times. Even though our response time has
improved considerably, and we expect it to improve even more
over the coming year, we will still be unable to comply with
the statutory response time requirements imposed by the FOIA.
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We are, nevertheless, encouraged by the improvement that has
already been made in both our response time and in the
reduction of our backlog of cases, and the Agency remains
committed to further progress in these matters during the
coming year.
Sincerely,
Richard J. Kerr
Deputy Director
for
Administration
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FREEDOM OF INFORMATION ACT
ANNUAL REPORT TO THE CONGRESS FOR THE YEAR 1985
1. Total number of initial determinations not to comply with a
request for records made under subsection 552(a): 1123
There were 784 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
784 have not been included in the 1123 figure provided in
answer to question No. 1 above. In 231 instances, our searches
uncovered no records relevant to the request. In 18 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 35 instances
where 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 4 cases,
requesters appealed on the basis of our failure to respond
within the statutory deadline; in another 10 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. Twenty-one requests were withdrawn by the
requesters after processing had commenced, but before action on
them could be completed. Finally, 465 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. In
each of the latter cases, at least 90 days had elapsed without
a reply from the requester before action was taken to
discontinue processing.
2.
Authority relied upon for each such
determination:
(a) Exemptions in 552(b):
Exemption involved
Number of times (i.e.,
requests) invoked
(b) (1)
989
(b) (2)
4
(b) (3)
1023
(b) (4)
3
(b) (5)
22
(b) (6)
93
(b) (7)
34
(b) (8)
0
(b) (9)
0
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(b) Statutes invoked pursuant to Exemption No. 3:
Number of times (i.e.,
Statutory citation requests) invoked
50 U.S.C. 403 (d)(3) 1023
and/or 50 U.S.C. 403g
(c) Other authority: None
3. Appeal Determinations:
(a) Total number of administrative appeals from
adverse initial decisions made pursuant to subsection (b)(6): 7
In eight other cases, requests which were initially processed
under the provisions of the Privacy Act were processed under
the Freedom of Information Act upon appeal, in accord with the
wishes of the appellants. These were requests for access to
personal records, which the CIA usually processes under the
Privacy Act rather than the Freedom of Information Act.
(b) Number of appeals in which, upon review, request
for information was granted in full: None
(c) Number of appeals in which, upon review, request
for information was denied in full: 50
(d) Number of appeals in which, upon review, request
was denied in part: 12
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) 56
(b) (2) 0
(b) (3) 60
(b) (4) 0
(b) (5) 5
(b) (6) 11
(b) (7) 1
(b) (8) 0
(b) (9) 0
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(b) Statutes invoked pursuant to Exemption No. 3:
Number of times (i,e.
Statutory citation appeals) invoked
50 U.S.C. 403(d)(3) 60
and/or 50 U.S.C. 403g
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:
Name Title
No. of instances
of participation
Fitzwater, Harry E. Deputy Director for 5
Administration
Gates, Robert M. Deputy Director for 5
Intelligence
Stein, John H. Inspector General 4
George, Clair E. Deputy Director
for Operations
Hineman, Richard E. Deputy Director for
Science and Technology
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 HHB-70-1 submitted with the 1983 report
is still valid.
8. Provide separately a copy of the fee schedule adopted and
the total dollar amount of fees collected for making records
available:
See Tab B for a copy of the fee schedule.
The total amount collected and transmitted for
deposit in the U.S. Treasury during 1985 was $10,546.
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9. (a) Availablility 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 209,260 actual man-hours of labor was
devoted during calendar year 1985 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 115.7
full-time personnel. We estimate the average grade for
professional employees at GS-12/7, and for non-professional
employees GS-07/6. The funds expended during calendar year
1985 on personnel salaries, if overtime payments are ignored,
would thus amount to $3.81 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
$4.2 million. Of this total, approximately $2.6 million can be
attributed to the Freedom of Information Act.
(c) Compliance with time limitations for Agency
determiniations:
(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: 8
Of these, six actions were brought under the FOIA and
two were brought under both the FOIA and PA.
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(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: 3
Copies of the pertinent court orders are attached at
Tab C. No written order was issued by the court in Southam
News v. INS, et al., (Civil Action No. 85-2721). Additional
time was granted pursuant to an oral agreement at status call.
(d) Internal Memoranda: None
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Production/Workload Statistics
FOIA PA EO* TOTALS %
Workload:
Cases carried over
from 1984 1762
947
246
2955
(51.3)
Cases logged
during 1985 1440
1095
269
2804
(48.7)
Totals 3202
2042
515
5759
Actions taken:
Granted in full
354
292
83
729
(17.8)
Granted in part
609
446
152
1207
(29.5)
Denied in full
514
208
65
787
(19.2)
No records found
231
519
0
750
(18.3)
No CIA records fo
und 18
16
0
34
( 0.8)
Canceled
465
4.6
1
512
(12.5)
Withdrawn
21
5
1
27
( 0.7)
Referred elsewher
e 35
1
2
38
( 0.9)
Early appeal
4
0
0
4
( 0.1)
Early litigation
10
0
0
10
( 0.2)
Totals:
2261
1533
304
4098
(100.0)
Cases carried over
to 1986 941
509
211
1661
Change in workload -821
-438
-35
-1294
(-43.8)
*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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74920 Federal Register / Vol. 45, No. 221 / Thursday, November 13, 1980 / Rules and Regulations
MITI M W4TRLKM RM AOEN4CY
32 CM Peat 1900
P" k Amos to Dscusiesnts and
Isawds and
AGROCY: Central Intelligence Agency.
ACTION: Final rule.
EI'*ECTNE DAM November 13, 1980.
S 1900.25 fens far reasds saings.
(a) Sesreb and duplication fees shall be
charged according to the schedule set forth
in paragraph (c) of this section for services
rendered in responding to requests for
Agency records under this art. Records
shall be furnished without charge or at a
reduced rate whenever the Coordinator
determines that a waiver or reduction of
the charge is in the public interest bemuse
furnishing the information can be consid-
ered as primarily benefiting the general
public. Thus, the Coordinator shall deter-
mine the existence and extent of any identi-
fiable benefit which would result from
furnishing the requested information and
he shall consider the following factors in
making this determination:
(1) The public or private character of the
information sought;
(2) The private interest of the requester;
(3) The numbers of the public to be
benefited;
(4) The significance of the benefit to the
public
(5) The usefulness of the information to
the-public; and
(6) The quantity of similar or duplicative
information already in the public domain.
In no case will the assessment of fees be
utilized as an obstacle to the disclosure of
the requested information. The Coordita-
ta may also waive or reduce the charge
whenever he determines that the interest of
the government would be served thereby.
Fee shall not be charged where they would
amount, in the aggregate, for a request, or a
series of related requests, to less than $6.
Denials of requests for fee wtivers may be
appealed by writing to the Executive Secre-
tary of the Information Review Committee,
vu the Coordinator.
(b) In order to protect the requester and
the Agency from large, unexpected fees,
when it is anticipated that the charges will
amount to more than $25, the processing of
the request shall be suspended until the
requester indicates his willingness to pay.
The requester shall be notified and asked
for his commitment to pay all reasonable
search and duplication fees. At his option,
the requester may indicate in advance a
dollar limitation to the fees. In such an
event, the Coordinator shall initiate a
search of the system or systems of records
deemed most likely to produce relevant
recorinstructing the system managers to
discontinue the search as soon as the stipu-
lated amount has been expended. Where
an advance licit 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. In thane cases where the Coor-
dinator estimates that the fees will be sub-
stantial, an advance deposit of 50 percent
of the estimated fees will be required; in
those cases where there is reasonable evi-
dence 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 oppor-
tunity to revise the request in a manner
ablated to reduce the fees. Dispatch of
such a notice or request shall suspend the
running of the period for response by the
Agency until a reply is received from the
requester.
(c) The schedule of fees for services
performed in responding to requests for
Agency records is established as follows:
(1) For each one quarter hour, or fraction
thereof, spent by clerical personnel in
searching for a record, $1.50;
(2) For each one quarter hour, or fraction
thereof, spent by professional personnel in
searching for a record, $3.50:
(3) For each on-line computer search.
$11.00;
(4) For each off-line (batch) computer
search of Central Reference files, $27.00;
(5) For all other off-line computer
searches of Agency files, $8.00 per minute
of Central Processing Unit (CPU) time.
(6) For copies of paper documents in sins
not larger than 8% X 14 inches, $0.10 per
copy of each page;
(7) For duplication of non-paper media
(film, magtnetic tape, etc.) or any document
that cannot be reproduced on a standard
office copier, acid direct cost; and
(8) For extra copies of reports, maps,
reference aids, and other Agency publica-
tions, actual cot.
(d) Inasmuch,as the Agency's systems of
records are highly decentralized, several
computer searches may be required to pro-
cess a request, depending upon its scope.
The computer search costs given in am-
graph (c), of this section, do not include
whatever professional/clerical search time
is needed to determine whether the records
located are in fact responsive to the request.
(e) Search fees are assessable even when
no records pertinent to the requests, or no
releasable records are found, provided the
requester has been advised of this fact and
he has, that notwithstanding agreed to in-
cur the costs of search.
(f) For requests which have accrued sub-
stantial search and duplication fees, or for
requests for records which have been previ-
osiv released, 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 ay the accrued search
and duplication fees prior to the actual
delivery of the requested records; other-
wise, the requester shall be billed for such
fees at the time that the records are provid-
ed. Payment shall be remitted by check or
money order, made payable to the Treasur-
er of the United States, and shall be sent to
the Coordinator. No appeals or additional
requests shall be accepted for processing
until the requester has paid all outstanding
charges for services rendered under this
part.
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