[Federal Register Volume 73, Number 75 (Thursday, April 17, 2008)]
[Proposed Rules]
[Pages 20882-20884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8090]


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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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