Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules 59073 

and will terminate the processing of any 

pending requests submitted by such 

persons to the CIA or to another agency. 

6. Revise § 1900.12 to read as follows: 

§ 1900.12 Requirements as to form and 

content. 

(a) Required information. Requesters 

should identify their written 

communication as a request for 

information under the FOIA. 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. 

§ 1900.13 [Amended] 

7. In § 1900.13 amend paragraph (g) in 

the table by revising the figure ‘‘.10’’ to 

read ‘‘.50’’ in entry for ‘‘Photocopy 

(standard or legal)’’. 

8. Amend § 1900.33 by revising 

paragraph (b) to read as follows: 

§ 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 D/ 

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 

or more CIA FOIA Public Liaisons. 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. 

* * * * * 

§ 1900.34 [Amended] 

9. Amend § 1900.34 by removing and 

reserving paragraph (a). 

10. Revise § 1900.41 to read as 

follows: 

§ 1900.41 Designation of authority to hear 

appeals. 

(a) Agency Release Panel (ARP). 

Appeals of initial adverse decisions 

under the FOIA shall be reviewed by the 

ARP which shall issue the final Agency 

decision. 

(b) ARP Membership. The ARP is 

chaired by the Chief, Information 

Review and Release Group, Information 

Management Services, and composed of 

the Information Review Officers from 

the various Directorates and the 

Director, Central Intelligence Agency 

area, as well as the representatives of 

the various release programs and offices. 

The Information and Privacy 

Coordinator also serves as Executive 

Secretary of the ARP. 

§ 1900.43 [Removed and Reserved] 

11. Remove and reserve § 1900.43. 

12. Amend § 1900.44 by revising 

paragraph (b) and removing and 

reserving paragraph (c). 

The revision reads as follows: 

§ 1900.44 Action by appeals authority. 

* * * * * 

(b) Decision: The ARP shall meet on 

a regular schedule and may take action 

when a simple majority of the total 

membership is present. Issues shall be 

decided by a majority of the members 

present. In all cases of a divided vote, 

before the decision of the ARP becomes 

final, any member of the ARP may by 

written memorandum to the Executive 

Secretary of the ARP, refer such matters 

to the Director, Information 

Management Services (D/IMS) for 

decision. In the event of a disagreement 

with any decision by D/IMS, Directorate 

heads may appeal to the Associate 

Deputy Director, CIA (ADD) for 

resolution. The final Agency decision 

shall reflect the vote of the ARP, unless 

changed by the D/IMS or the ADD. 

13. Revise § 1900.45 to read as 

follows: 

§ 1900.45 Notification of decision and right 

of judicial review. 

The Executive Secretary of the ARP 

shall promptly prepare and 

communicate the final Agency decision 

to the requester. With respect to any 

decision to deny requested information, 

or any decision that is deemed to be a 

denial of requested information, that 

correspondence shall state the reasons 

for the decision, and include a notice of 

a right to judicial review. 

Dated: August 10, 2011. 

Joseph W. Lambert, 

Director, Information Management Services. 

[FR Doc. 2011–21577 Filed 9–22–11; 8:45 am] 

BILLING CODE 6310–02–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1901 

Privacy Act 

AGENCY: Central Intelligence Agency. 

ACTION: Proposed rule. 

SUMMARY: Consistent with the Privacy 

Act (PA), the Central Intelligence 

Agency (CIA) has undertaken and 

completed a review of its public PA 

regulations that govern certain aspects 

of its processing of PA access and 

amendment requests. As a result of this 

review, the Agency proposes to revise 

its PA regulations to more clearly reflect 

the current CIA organizational structure 

and policies and practices, and to 

eliminate ambiguous, redundant and 

obsolete regulatory provisions. As 

required by the PA, the Agency is 

providing an opportunity for interested 

persons to submit comments on these 

proposed regulations. 

DATES: Submit comments on or before 

November 22, 2011. 

ADDRESSES: Send comments to the 

Director, Information Management 


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59074 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules 

Services, Central Intelligence Agency, 

Washington, DC 20505, or fax to (703) 

613–3020. 

FOR FURTHER INFORMATION CONTACT: 

Joseph W. Lambert, (703) 613–1379. 

SUPPLEMENTARY INFORMATION: Consistent 

with the Privacy Act (PA), the CIA has 

undertaken and completed a review of 

its public PA regulations. As a result of 

this review, the Agency proposes to 

revise its PA regulations to update the 

title of the head of the CIA and to 

streamline the appeals structure. 

List of Subjects in 32 CFR Part 1901 

Classified information, Privacy Act. 

As stated in the preamble, the CIA 

proposes to amend 32 CFR part 1901 as 

follows: 

PART 1901—PUBLIC RIGHTS UNDER 

THE PRIVACY ACT OF 1974 

1. The authority citation for part 1901 

is revised to read as follows: 

Authority: National Security Act of 1947, 

as amended; Central Intelligence Agency Act 

of 1949, as amended; Privacy Act, as 

amended. 

2. Amend § 1901.02, by adding 

paragraphs (o) and (p) to read as 

follows: 

§ 1901.02 Definitions. 

* * * * * 

(o) Director of Central Intelligence 

Agency means the head of the Central 

Intelligence Agency. 

(p) Agency Release Panel (ARP) refers 

to the Agency’s forum for reviewing 

information review and release policy, 

the adequacy of resources available to 

all Agency declassification and release 

programs, and hearing appeals in 

accordance with this section. 

§ 1901.41 [Amended] 

3. Revise § 1901.41 to read as follows: 

§ 1901.41 Designation of authority to hear 

appeals. 

(a) Agency Release Panel (ARP). 

Appeals of initial adverse decisions 

under the Privacy Act shall be reviewed 

by the ARP which shall issue the final 

Agency decision. 

(b) ARP Membership. The ARP is 

chaired by the Chief, Information 

Review and Release Group, Information 

Management Services, and composed of 

the Information Review Officers from 

the various Directorates and the 

Director, Central Intelligence Agency 

(D/CIA) areas, as well as the 

representatives of the various release 

programs and offices. The Information 

and Privacy Coordinator also serves as 

Executive Secretary of the ARP. 

4. In § 1901.42, revise paragraph (d) to 

read as follows: 

§ 1901.42 Right of appeal and appeal 

procedures. 

* * * * * 

(d) Receipt, recording, and tasking. 

The Agency shall promptly record each 

administrative appeal, acknowledge 

receipt to the requester in writing, and 

thereafter affect the necessary taskings 

to the Director(s) in charge of the 

directorate(s) which originated or has an 

interest in the record(s) subject to the 

appeal. As used herein, the term 

Director in charge of a directorate 

includes an equivalent senior official 

within the D/CIA area, as well as a 

designee known as the Information 

Review Officer for a directorate or area. 

§ 1901.43 [Removed and Reserved] 

5. Remove and reserve § 1901.43 

6. In § 1901.44, revise paragraph (b) 

and remove and reserve paragraph (c) to 

read as follows: 

§ 1901.44 Action by appeals authority. 

* * * * * 

(b) Decision. The Agency Review 

Panel (ARP) shall meet on a regular 

schedule and may take action when a 

simple majority of the total membership 

is present. In all cases of a divided vote, 

before the decision of the ARP becomes 

final, any member of the ARP may by 

written memorandum to the Executive 

Secretary of the ARP, refer such matters 

to the Director, Information 

Management Services (D/IMS) for 

decision. In the event of a disagreement 

with any decision by D/IMS, Directorate 

heads may appeal to the Associate 

Deputy Director, CIA (ADD) for 

resolution. The final Agency decision 

shall reflect the vote of the ARP, unless 

changed by the D/IMS or the ADD. 

§ 1901.45 [Amended] 

7. In § 1901.45, revise paragraph (a) to 

read as follows: 

§ 1901.45 Notification of decision and right 

of judicial review. 

(a) In general. The Executive 

Secretary of the Agency Review Panel 

shall promptly prepare and 

communicate the final Agency decision 

to the requester. With respect to any 

decision to deny a request, that 

correspondence shall state the reasons 

for the decision and include a notice of 

a right to seek judicial review. 

* * * * * 

Dated: August 10, 2011. 

Joseph W. Lambert, 

Director, Information Management Services. 

[FR Doc. 2011–21575 Filed 9–22–11; 8:45 am] 

BILLING CODE 6310–02–P 

DEPARTMENT OF EDUCATION 

34 CFR Subtitle B, Chapter II 

[Docket ID ED–2011–OS–0005] 

RIN 1894–AA02 

State Fiscal Stabilization Fund 

Program and Discretionary and Other 

Formula Grant Programs 

AGENCY: Department of Education. 

ACTION: Notice of proposed revisions to 

certain data collection and reporting 

requirements, and proposed priority. 

SUMMARY: The Secretary of Education 

(Secretary) established requirements for 

the State Fiscal Stabilization Fund 

(SFSF) program in a notice of final 

requirements, definitions, and approval 

criteria published in the Federal 

Register on November 12, 2009 

(November 2009 Notice). In this notice, 

the Secretary proposes to revise some of 

those requirements. In a separate notice 

of interim final requirement, the 

Secretary is extending to January 31, 

2012, the deadline by which a State 

must collect and publicly report data 

and information under the SFSF 

program. 

In addition, the Secretary proposes in 

this notice to establish a priority that the 

U.S. Department of Education 

(Department) may use, as appropriate, 

in any future discretionary grant 

competitions. The Department would 

give a priority to States that have 

developed and implemented the 

statewide longitudinal data system 

(SLDS) required under SFSF Indicator 

(b)(1) on or before the applicable 

deadline. 

Through this notice, we also remind 

grantees that under its current authority, 

the Department may identify grantees as 

high risk and impose sanctions on them 

for failing to meet programmatic 

requirements. In addition, the 

Department is proposing that it may 

take enforcement action against a State 

educational agency (SEA) under certain 

circumstances where a State fails to 

meet the requirements of Indicators 

(b)(1), (c)(11), or (c)(12). 

DATES: We must receive your comments 

on or before October 24, 2011. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or by e-mail. To ensure 

that we do not receive duplicate copies, 

please submit your comments only one 

time. In addition, please include the 

Docket ID and the term ‘‘State Fiscal 

Stabilization Fund—Proposed 

Revisions’’ at the top of your comments. 


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