Go to CIA.gov
FOIA
Secondary Navigation
Freedom of Information Act Electronic Reading Room
Requestor Portal
Historical Collections
Browse the Collections | Advanced Search | Search Help
Search formSearch Query for FOIA ERR:
-AA+A
PUBLIC ACCESS TO DOCUMENTS AND RECORDS AND DECLASSIFICATION REQUESTS, 32 CFR PART 1900
Document Type:
CREST
Collection:
General CIA Records
Document Number (FOIA) /ESDN (CREST):
CIA-RDP11M01338R000400470125-1
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
10
Document Creation Date:
December 23, 2016
Document Release Date:
September 13, 2013
Sequence Number:
125
Case Number:
Content Type:
LETTER
File:
Attachment Size
CIA-RDP11M01338R000400470125-1.pdf 1000.03 KB
Body:
STAT Declassified in Part- Sanitized Copy Approved for Release 2013/09/13: CIA-RDP11M01338R000400470125-1 R Next 2 Page(s) In Document Denied Declassified in Part- Sanitized Copy Approved for Release 2013/09/13: CIA-RDP11M01338R000400470125-1 Declassified in Part- Sanitized Copy Approved for Release 2013/09/13: CIA-RDP11M01338R000400470125-1 46456 Federal Register / Vol. 52, No. 235 / Tuesda. 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: t 351.5 (Amended) (a) Poymil 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 S100 or higher. except that employees who on such date are purchasing S50 or 575 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 S50 and S75 , denominations may be made. ? ? 4 ? ? IFR for., 87-28051 Filed 12-7-67; 6.45 am) BI COOE 4E10-10-1,1 CENTRAL INTELLIGENCE AGENCY 32 CFR Part 1900 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 1953 (Vol. 48. No. 8. p. 1293). Since then, there?have been sea eral substantive amendments and more recently, proposed amendments were published in the Federal Register of 18 May 1987 (Vol. 52. No. 95. p. 15579) affecting those portions of the regulation relating to fees as required by the Freedom of Information P.efoi in Art (FOIRA) of ltid6. For the benefit of the Part 191)0 is being republished ith all current amendments and' revieions. including a number of error corrections and changes in phraseology as vk ell as technical and/or administrative chances to clarify or inure accurately relleo applicable procedures. ? ErsEcTiVE DATE: Di,centLer 8 1987. ADDRESS: Lee Strickland. Information and PrivacN? Co.rdinalor, Central Intelltence .a;.,.eney. Washington. DC 20505. FOR FURTHER INFORMATION CONTACT: Lee S. Strickland. Information and Privacy Coordinator, Central Intelligence Agency. Washington, DC 20505. Telephone: (703) 351-2083 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 MO by incorporating into the regulation a number of error corrections and chances in phraseology as well as a number of _ technical and/or administrative changes to clarify or reflect more accurately applicable procedures and prar:tices. 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 thercfoie nut required under the pul.Thc provisions of the Administrati?i- Procedures Act. 5 U.S.0 553 ld persons, however, are invited ta comment in writing on these chanees All written comments received v.?:l! br 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 See. 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 12355. 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 190041 Searching for requested records 1900.43 Pcviewing records. 1900.45 Expeditious action: exTrnsion of time. 1900.47 Allocation of manpuwel and - resources: agreed extension of lime. 1900.49 Notification and payment; furnishing records. Appeals 1900.51 Appeals to CIA information Review Committee. ktiscellaneolis 1900 61 ALLosc for his:nrical resv.irth . npdassified in Part - Sanitized Copy Approved for Release 2013/09/13: CIA-RDP11M01338R000400470125-1 Declassified in Part - Sanitized Copy Approved for Release 2013/09/13 : CIA-RDP11M01338R000400470125-1 Federal Register / Vol 52. No 235 / Tuesday. December 8. 3987 / Rules and Regulutic,ris 4 64 57 1400 C3 Suggestions und cornpleints Authority- Ndtional Security Act of 1947. us Amended Central Inidligence Agency Act of 1949 Hs arnenJed. Freedom of Inform,itiiin Ad i ernendc.d CIA Informetion Act of It.t4. end E 0 1:'.35G General e 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 397, as amended (50 U.S.C. 403); the Central Intelligence Agency Act of 1949. as amended (50 U.S.C. 403a et seq.): the Freedom of Information Act. as amended (5 U.S.C. 552): the CIA Information Act of 1984 (50 U.S.C. 431): and Executive Order 12356 (3 CFR Part 166 (1983). It prescribes procedures for: (a) Requesting records pursuant to the Freedom of Information Act; (b) Requesting the declassification of documents pursuant to Executive Order 12356; (c) Filing an administrative appeal of a denial of a mandatory review request under Executive Order 12356 or an initial request under the Freedom of Information Act: (d) The prompt and expeditious processing of such requests and appeals: and (e) Requesting estimates and advice prior to actually requesting records. thus affording protection against unanticipated fees. This part is also designed to assist Central Intelligence Agency management at all appropriate echelons to allocate resources to perform the functions. duties and responsibilities of the Central Intelligence Agency prescribed by and pursuant to law, including in particular those situations where it is deemed necessary to choose among conflicting requirements, duties and responsibilities. 1900.3 Definitions. For the purpose of this part, the following terms have the meanings indicated: (a) "Agency" includes any executive department. military department or other establishment or entity included M. the definition or 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: (il) "Freedom of Information Act- means section 552 of Title 5 of the United States Cede. as amended. (e) "Executive Order- means Executive Order 12356 (3 CFit Part 166 09830: (r) "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 Agencycincludes 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 pursuanr.e 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) Dooks, 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 I 1900.43(c)). (h) "Records of interest" means records which are responsive to expression or 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 or 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. (i,) -Search,- includes al: tit-7.1( spcnt loui.ing fur meterhd thei, IS res;):.!-?.s a request utilizing available inslises cre. other finding aids The ternee sc e?c_e is predicated on the concept of reJsenabli search as contrasted to researce which is neither requited nor authorizet 1..tee FOIA. Efforts will be made to enserr that search for material is done in the, most efficient and least expensi?e manner so as to minimize costs fur 'Leith 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 exemet from disclosure. Searches may be done manually or by computer using existing programming. (1) "Duplication" refers to the process of making a copy of a document necessary to respond to a FOIA request. Such copies can take the form of paper copy. microform. audio-visual materials, or machine readable documentation (e.g.. magnetic tape or disk) among others. The copy provided must be in a form that is reasonably usable by requesters. (m) "Review" refers to the process of examining documents located in response to a request that is for a commercial use (see paragraph (n) of this section) to determine whether any portion of any document located must be withheld. It also includes processing any documents for disclosure (e.g.. doing all that is necessary to remove or obliterate any material which is exempt from disclosure and otherwise preparing them for release). Review does not include time spent resolving genera! 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 rind may draw reasonable inferences from the identity and activities or 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 secondan, an institution of graduate higher education. an institution of undergraduate higher education. an re,---.1.seeifinei in Part - Sanitized CODV Approved for Release 2013/09/13: CIA-RDP11M01338R000400470125-1 Declassified in Part- Sanitized Copy Approved for Release 2013/09/13: CIA-RDP11M01338R000400470125-1 ? 464.8 Federal Register / VoL 52. No. 235 Tuesday. December 8. 1987 I Rules and Regulations institution o! professional education and an institution of vocational education which operates a degree-granting. accredited prugram 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 beincluded 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. ? 1900.5 Organization; requests and submittais. The headquarters of the Centrid Intelligence Agency is located in Fried \ Count), VA. Functions arc channeled and determined by regular chain.of. command procedures. Except as provided by this regulation. there are no formal or informal procedural requirements regarding public access to Agency records. Requests and other submittals should be addressed to: Information and Privacy Coordinator. Central Intelligence Agency. Washington. DC 20505. Requesting Records ? 190011 Freedom of information Act and Executive Order 12356 communications; requirements as to form. (a) Any communication to the CIA or to the Director of Central Intelligence under the Freedom of Information Act or Executive Order 12356 should be addressed to: Information and Privacy Coordinator, Central Intelligence Agency, Washington, D.C. 20505. This address should appear on the envelope or other folder or package in which the communication is transmitted. It should also be included as the addressee of the letter or other communication or be clearly set forth in the text of the communication. (b) Any request for records under the Freedom of Information Act ( 1900.35). expression of interest in requesting records (? 1900.35) or request for declassification of records under Executive Order 12356 (? 1900.35) shall be in writing and shall be addressed as prescribed by ? 1900.11(3). The Coordinator may, but need not, waive the requirements as to address. (c) The request or expression of interest shall reasonably describe the records of interest and, in the case of mandatory declassification review, requests shall identify the documents(s) with specificity such as by National Archives and Records Administration (NARA) Document Accession Number or other applicable. unique document ? identifying number. (d) Any request or communications to an agency other than the Central Intelligence Agency which concern documents, records or information originated by the CIA and referred to the CIA, shall be considered a Freedom of Information request to the CIA for that referred document as of date of receipt by the CIA of the referral, and shall be processed pursuant to regulations. 11900.21 Identification of persons requesting information under the provisions of Executive Order 12356. Pursuant to section 3.4(a)(1) of Executive Order 12356. a man...date ch Ur in $4dow and cover up!