[Federal Register: April 17, 2008 (Volume 73, Number 75)]
[Proposed Rules]
[Page 20882-20884]
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1900
Freedom of Information Act; Implementation
AGENCY: Central Intelligence Agency.
ACTION: Proposed rule.
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SUMMARY: Consistent with the Freedom of Information Act (FOIA), as
amended by the ``Openness Promotes Effectiveness in our National
Government Act of 2007,'' and Executive Order 13392, the Central
Intelligence Agency (CIA) has undertaken and completed a review of its
public FOIA regulations that govern certain aspects of its processing
of FOIA requests. As a result of this review, the Agency proposes to
revise its FOIA regulations to more clearly reflect the current CIA
organizational structure, record system configuration, and FOIA
policies and practices and to eliminate ambiguous, redundant and
obsolete regulatory provisions. As required by the FOIA, the Agency is
providing an opportunity for interested persons to submit comments on
these proposed regulations.
DATES: Submit comments on or before May 19, 2008.
ADDRESSES: Submit comments in writing to the Director of Information
Management Services, Central Intelligence Agency, Washington, DC 20505,
or by fax to 703-613-3007.
FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, Director of
Information Management Services, Central Intelligence Agency,
Washington, DC 20505 or by telephone, 703-613-1352.
SUPPLEMENTARY INFORMATION: Consistent with the FOIA, as amended by the
``Openness Promotes Effectiveness in our National Government Act of
2007,'' and Executive Order 13392, the CIA has undertaken and completed
a review of its public FOIA regulations that govern certain aspects of
its processing of FOIA requests. As a result of this review, the Agency
proposes to revise its FOIA regulations to more clearly reflect the
current CIA organizational structure, record system configuration, and
FOIA policies and practices and to eliminate ambiguous, redundant and
obsolete regulatory provisions. These proposed regulatory changes are
intended to enhance the administration and operations of the Agency's
FOIA program by increasing the transparency and clarity of the
regulations governing the Agency's FOIA program. The proposed
regulations would establish the positions and responsibilities of the
Agency's Chief FOIA Officer, the FOIA Public Liaison and the FOIA
Requester Service Center in the Agency's public FOIA regulations.
Following the promulgation of Executive Order 13392, the Director of
the Central Intelligence Agency designated a senior official to serve
as the CIA's Chief FOIA Officer with Agency-wide responsibility for
efficient and appropriate compliance with the FOIA. In addition, the
Agency created a FOIA Requester Service Center and designated FOIA
Public Liaisons to enhance the operation of the Agency's FOIA program
and the Agency's responsiveness to FOIA requesters and the public.
Consistent with both Executive Order 13392 and the ``Openness Promotes
Effectiveness in our National Government Act of 2007,'' the proposed
regulations incorporate into the CIA's public FOIA regulations the
important functions the Agency's Chief FOIA Officer, the FOIA Public
Liaison and the FOIA Requester Service Center have been performing for
the past several years. By formally recognizing the key roles these
entities play in the Agency's FOIA processes, the proposed regulations
promote the administration of a citizen-centered FOIA program and
provide the public with important information about the assistance
these entities can offer to FOIA requesters and the public.
The proposed regulations would eliminate current regulatory
provisions that have had the potential to cause confusion and ambiguity
and would more clearly reflect the Agency's current FOIA policies and
practices.
The proposed regulations would clarify and confirm the Agency's
current FOIA practices of processing FOIA requests and appeals on a
``first in, first out'' basis using two or more processing queues based
on the amount of work or time or both involved and of moving a FOIA
request to the front of the processing queue when the Agency has
granted that requester's request for expedited processing.
The proposed regulations would eliminate current regulatory
provisions that have had the potential to cause confusion and ambiguity
regarding how a requester may appeal a denial of a fee
[[Page 20883]]
waiver request and how the Agency would adjudicate that appeal. With
this change, the Agency's public FOIA regulations would contain clear
guidance on how requesters may exercise their rights to appeal denials
of fee waiver requests and would remove any ambiguity concerning the
responsibility of the Agency Release Panel to adjudicate such appeals.
List of Subjects in 32 CFR Part 1900
Classified information, Freedom of Information.
As stated in the preamble, the CIA proposes to amend 32 CFR part
1900 as follows:
PART 1900--PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF
INFORMATION ACT (FOIA)
1. Authority citation for part 1900 is revised to read as follows:
Authority: 50 U.S.C. 401-442; 50 U.S.C. 403a-403v; 5 U.S.C. 552;
E.O. 13292, 68 FR 15315-15334, 3 CFR, 2004 Comp., p. 196-218; E.O.
13392, 70 FR 75373-75377, 3 CFR, 2006 Comp., p. 216-200.
2. Amend Sec. 1900.02 by adding new paragraphs (p), (q), and (r)
to read as follows:
Sec. 1900.02 Definitions.
* * * * *
(p) Chief FOIA Officer means the senior CIA official, at the CIA's
equivalent of the Assistant Secretary level, who has been designated by
the Director of the CIA to have Agency-wide responsibility for the
CIA's efficient and appropriate compliance with the FOIA.
(q) FOIA Requester Service Center means the office within the CIA
where a FOIA requester may direct inquiries regarding the status of a
FOIA request or an expression of interest he or she filed at the CIA,
requests for guidance on narrowing or further defining the nature or
scope of his or her FOIA request, and requests for general information
about the FOIA program at the CIA.
(r) FOIA Public Liaison means the CIA supervisory official(s) who
shall assist in the resolution of any disputes between a FOIA requester
and the Agency and to whom a FOIA requester may direct a concern
regarding the service he or she has received from CIA and who shall
respond on behalf of the Agency as prescribed in these regulations.
3. Revise Sec. 1900.03 to revise to read as follows:
Sec. 1900.03 Contact for general information and requests.
(a) To file a FOIA request, an expression of interest, or an
administrative appeal, please direct your written communication to CIA
Information and Privacy Coordinator, Central Intelligence Agency,
Washington, DC 20505, or via facsimile at (703) 613-3007, in accordance
with the requirements of these regulations.
(b) To inquire about the status of a FOIA request or an expression
of interest, to request guidance on narrowing or further defining the
nature or scope of a FOIA request, or to obtain general information
about the FOIA program at CIA, please direct your inquiry to the CIA
FOIA Requester Service Center, Central Intelligence Agency, Washington,
DC 20505, via facsimile at (703) 613-3007, or via telephone at (703)
613-1287. Collect calls cannot be accepted.
(c) If you are a FOIA requester with a concern about the service
you received from the CIA or a member of the public with a suggestion,
comment, or complaint regarding the Agency's administration of the
FOIA, please direct your concern to the FOIA Public Liaison, Central
Intelligence Agency, Washington, DC 20505, via facsimile at (703) 613-
3007, or via telephone at (703) 613-1287. Collect calls cannot be
accepted.
4. Revise Sec. 1900.04 to read as follows:
Sec. 1900.04 Suggestions and complaints.
The CIA remains committed to administering a results-oriented and
citizen-centered Freedom of Information Act program, to processing
requests in an efficient, timely and appropriate manner, and to working
with requesters and the public to continuously improve Agency FOIA
operations. The Agency welcomes suggestions, comments, or complaints
regarding its administration of the FOIA. Members of the public shall
address all such communications to the FOIA Public Liaison as specified
at 32 CFR 1900.03. The Agency will respond as determined feasible and
appropriate under the circumstances. Requesters seeking to raise
concerns about the service received from the CIA FOIA Requester Service
Center may contact the FOIA Public Liaison after receiving an initial
response from the CIA FOIA Requester Service Center. The FOIA Public
Liaison shall assist in the appropriate resolution of any disputes
between a FOIA requester and the Agency.
5. Revise Sec. 1900.11 to read as follows:
Sec. 1900.11 Preliminary information.
Members of the public shall address all communications as specified
at 32 CFR 1900.03. Any CIA office or CIA personnel receiving a written
communication from a member of the public that requests information or
that references the FOIA shall expeditiously forward the communication
to the CIA Information and Privacy Coordinator. CIA will not accept a
request for information under the FOIA or an appeal of an adverse
determination submitted by a member of the public who owes outstanding
fees for information services at this or other federal agencies and
will terminate the processing of any pending requests submitted by such
persons to the CIA or to another agency.
6. Revise Sec. 1900.12 to read as follows:
Sec. 1900.12 Requirements as to form and content.
(a) Required information. Requesters should identify their written
communication as a request for information under the Freedom of
Information Act. Requests must reasonably describe the records of
interest sought by the requester. This means that the records requested
must be described sufficiently so that Agency professionals who are
familiar with the subject area of the request are able, with a
reasonable amount of effort, to determine which particular records are
within the scope of the request. All requesters are encouraged to be as
specific as possible in describing the records they are seeking by
including the date or date range, the title of the record, the type of
record (such as memorandum or report), the specific event or action to
which the record refers, and the subject matter but requests for
electronic communications must specify the dates and parties. Extremely
broad or vague requests or requests requiring research do not satisfy
this requirement.
(b) Additional information for fee determination. In addition, a
requester should provide sufficient information to allow us to
determine the appropriate fee category. A requester should also provide
an agreement to pay all applicable fees or fees not to exceed a certain
amount or request a fee waiver.
(c) Otherwise. The CIA FOIA Requester Service Center may contact a
requester to seek additional or clarifying information or to assist the
requester in reformulating his or her request when the request does not
meet the requirements of these regulations. A requester seeking to
narrow or further define the nature or scope of his or her request may
contact the CIA FOIA Requester Service Center as specified at 32 CFR
1900.03.
Sec. 1900.13 [Amended]
7. Amend Sec. 1900.13 by removing and reserving paragraph (c).
[[Page 20884]]
8. Amend Sec. 1900.33 by revising paragraph (b) to read as
follows:
Sec. 1900.33 Allocation of resources; agreed extensions of time.
* * * * *
(b) Discharge of FOIA responsibilities. The Chief FOIA Officer
shall monitor the Agency's compliance with the requirements of the FOIA
and administration of its FOIA program. The Chief FOIA Officer shall
keep the Director of the CIA, the General Counsel of the CIA, and other
officials appropriately informed regarding the Agency's implementation
of the FOIA and make recommendations, as appropriate. The Chief FOIA
Officer shall designate one of more CIA FOIA Public Liaisons who shall
report to the Chief FOIA Officer. The CIA FOIA Public Liaison shall be
responsible for assisting in reducing delays, increasing transparency
and understanding of the status of requests, and assisting in the
resolution of disputes between requesters and the Agency. Components
shall exercise due diligence in their responsibilities under the FOIA.
Components must allocate a reasonable level of resources to process
accepted FOIA requests and administrative appeals on a ``first in,
first out'' basis using two or more processing queues based on the
amount of work or time or both involved to ensure that smaller as well
as larger cases receive equitable attention, except that when a request
for expedited processing has been granted under these regulations
components must move that request to the front of the processing queue.
* * * * *
Sec. 1900.34 [Amended]
9. Amend Sec. 1900.34 by removing and reserving paragraph (a).
Joseph W. Lambert,
Director, Information Management Services.
[FR Doc. E8-8090 Filed 4-16-08; 8:45 am]
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