Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules 59071 

construction materials, manufactured 

housing, or occupancy. This rule is 

limited to the means by which PHAs 

lease-up rates are measured. 

Accordingly, under 24 CFR 50.19(c)(1), 

this proposed rule is categorically 

excluded from environmental review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321). 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits, to the extent 

practicable and permitted by law, an 

agency from promulgating a regulation 

that has federalism implications and 

either imposes substantial direct 

compliance costs on state and local 

governments and is not required by 

statute, or preempts state law, unless the 

relevant requirements of section 6 of the 

Executive Order are met. This rule does 

not have federalism implications and 

does not impose substantial direct 

compliance costs on state and local 

governments or preempt state law 

within the meaning of the Executive 

Order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538) (UMRA) establishes requirements 

for federal agencies to assess the effects 

of their regulatory actions on state, 

local, and tribal governments, and on 

the private sector. This rule does not 

impose any federal mandates on any 

state, local, or tribal government, or on 

the private sector, within the meaning of 

UMRA. 

List of Subjects in 24 CFR Part 985 

Grant programs—housing and 

community development, Housing, Rent 

subsidies, Reporting and recordkeeping 

requirements. 

Accordingly, for the reasons stated in 

the preamble, HUD proposes to amend 

24 CFR part 985 as follows: 

PART 985—SECTION 8 MANAGEMENT 

ASSESSMENT PROGRAM (SEMAP) 

1. The authority citation for part 985 

continues to read as follows: 

Authority: 42 U.S.C. 1437a, 1437c, 1437f, 

and 3535(d). 

2. Revise § 985.3(n) to read as follows: 

§ 985.3 Indicators, HUD verification 

methods and ratings. 

* * * * * 

(n) Lease-up. (1) This indicator shows 

whether the PHA enters into HAP 

contracts for the number of the PHA’s 

baseline voucher units (units that are 

contracted under an ACC) for the 

calendar year that ends on or before the 

PHA’s fiscal year or whether the PHA 

has expended its allocated budget 

authority for the same calendar year. 

Units assisted under the voucher 

homeownership option and units 

occupied under a project-based HAP 

contract are included in the 

measurement of this indicator. Units 

and funding contracted under an ACC 

during the assessed calendar year and 

units and funding that are obligated for 

litigation are not included in the 

baseline number of voucher units. 

(2) HUD verification method: Percent 

of units leased under a tenant-based or 

project-based HAP contract or occupied 

by homeowners under the voucher 

homeownership option during the 

calendar year that ends on or before the 

assessed PHA’s fiscal year, or the 

percent of allocated budget authority 

expended during the calendar year that 

ends on or before the assessed PHA’s 

fiscal year. The percent of units leased 

is determined by taking unit months 

leased under a HAP contract and unit 

months occupied by homeowners under 

the voucher homeownership option as 

shown in HUD systems for the calendar 

year that ends on or before the assessed 

PHA fiscal year and dividing that 

number by the number of unit months 

available for leasing based on the 

number of baseline units available at the 

beginning of the calendar year. 

(3) Rating: (i) The percent of units 

leased or occupied by homeowners 

under the voucher homeownership 

option or the percent of allocated budget 

authority expended during the calendar 

year that ends on or before the assessed 

PHA fiscal year was 98 percent or more. 

20 points. 

(ii) The percent of units leased or 

occupied by homeowners under the 

voucher homeownership option or the 

percent of allocated budget authority 

expended during the calendar year that 

ends on or before the assessed PHA 

fiscal year was 95 to 97 percent. 15 

points. 

(iii) The percent of units leased or 

occupied by homeowners under the 

voucher homeownership option and the 

percent of allocated budget authority 

expended during the calendar year that 

ends on or before the assessed PHA 

fiscal year was less than 95 percent. 

0 points. 

* * * * * 

Dated: August 19, 2011. 

Sandra B. Henriquez, 

Assistant Secretary for Public and Indian 

Housing—HUD. 

[FR Doc. 2011–24514 Filed 9–22–11; 8:45 am] 

BILLING CODE 4210–67–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1900 

Freedom of Information Act 

Regulations 

AGENCY: Central Intelligence Agency. 

ACTION: Proposed rule. 

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 Orders 13526 and 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 

November 22, 2011. 

ADDRESSES: Submit comments to the 

Director, Information Management 

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 Freedom of Information Act 

(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 


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59072 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules 

and the FOIA Requester Service Center 

in the Agency’s public FOIA 

regulations. Following the promulgation 

of Executive Order 13392, the Director, 

Central Intelligence Agency (D/CIA) 

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. 

With these proposed changes the 

Agency’s public FOIA regulations 

would clarify the responsibility of the 

Agency Release Panel to review appeals 

of certain Agency FOIA determinations. 

The proposed regulation would 

increase the per page fee for copies. 

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 

1. The 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; Executive Order 

13392, 70 FR 75373–75377, 3 CFR, 2006 

Comp., p. 216–200. 

2. Amend § 1900.02 by adding 

paragraphs (p), (q), (r), and (s) to read as 

follows: 

§ 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 

D/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. 

(s) Agency Release Panel (ARP) means 

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. 

3. Revise § 1900.03 to read as follows: 

§ 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 the 

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 § 1900.04 to read as follows: 

§ 1900.04 Suggestions and complaints. 

The CIA remains committed to 

administering a results-oriented and 

citizen-centered FOIA 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. 

§ 1900.11 [Amended] 

5. Revise § 1900.11 to read as follows: 

§ 1900.11 Preliminary information. 

Members of the public shall address 

all communications as specified at 32 

CFR 1900.03. Any Central Intelligence 

Agency (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. The 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 


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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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