[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Proposed Rules]
[Pages 39432-39439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13361]


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CENTRAL INTELLIGENCE AGENCY

32 CFR Part 1900


Freedom of Information Act Regulations

AGENCY: Central Intelligence Agency.

ACTION: Notice of proposed rulemaking and request for public comment.

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SUMMARY: The Central Intelligence Agency (CIA or the Agency) has 
undertaken and completed a review of its public regulations governing 
its implementation of the Freedom of Information Act (FOIA), as amended 
by the FOIA Improvement Act of 2016. As a result of this review, the 
Agency proposes to revise its FOIA regulations concerning the 
requirements for filing FOIA requests and CIA's procedures for 
processing and reviewing such requests. As required by the FOIA, the 
Agency is providing an opportunity for interested persons to submit 
comments on these proposed regulations.

DATES: Comments will be accepted until August 30, 2022.

ADDRESSES: All submissions must be in English. Comments may be 
submitted by the following methods: By mail to Brian C. O'Neill, 
Director, Advanced Data Lifecycle Solutions, Central Intelligence 
Agency, Washington, DC 20505; or by email to <a href="/cdn-cgi/l/email-protection#b5f3d0d1e7d0d2f6dad8d8d0dbc1c6f5c0d6dcd49bd2dac3"><span class="__cf_email__" data-cfemail="d89ebdbc8abdbf9bb7b5b5bdb6acab98adbbb1b9f6bfb7ae">[email protected]</span></a>. 
Please include ``FOIA PROPOSED RULEMAKING'' in the subject line of the 
message.

FOR FURTHER INFORMATION CONTACT: Brian C. O'Neill; (571) 280-2899.

SUPPLEMENTARY INFORMATION: CIA is amending its regulations governing 
implementation of the FOIA, as amended by the FOIA Improvement Act of 
2016. 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 found in chapter 19 of title 32 of the Code of Federal 
Regulations.
    These proposed regulatory changes are intended to enhance the 
administration and operations of the Agency's FOIA program by ensuring 
compliance with all legal requirements and by increasing the 
transparency and clarity of the regulations governing the Agency's FOIA 
program.

Statutory and Executive Order Reviews

Executive Order 12866 and 13563

    These proposed regulations have been drafted and reviewed in 
accordance with Executive Order 12866, Regulatory Planning and Review, 
section 1, Statement of Regulatory Philosophy and Principles, and in 
accordance with Executive Order 13563, Improving Regulation and 
Regulatory Review, section 1, General Principles of Regulation. Because 
these proposed regulations do not constitute a significant regulatory 
action under section 3(f) of Executive Order 12866, they were not 
subject to mandatory prior review by the Office of Management and 
Budget Office of Information and Regulatory Affairs (OMB/OIRA) under 
section 6 of Executive Order 12866.

Paperwork Reduction Act

    Because these proposed regulations do not involve a collection of 
information, the review and OMB clearance requirements of the Paperwork 
Reduction Act, 44 U.S.C. 3506 & 3507, do not apply.

Executive Order 12988

    These proposed regulations meet the applicable standards set forth 
in Executive Order 12988, Civil Justice Reform.

Executive Order 13132

    Because these proposed regulations will not have substantial direct 
effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government, they do not 
constitute policies that have federalism implications under Executive 
Order 13132. Thus, the requirements of Executive Order 13132 sections 
2, 3, and 8, governing agency policies or regulations do not apply.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), 
CIA has reviewed these proposed regulations and certifies that they 
will not have a significant economic impact on a substantial number of 
small entities, and thus no regulatory flexibility analysis is 
required. These proposed regulations pertain to CIA's policies and 
practices for processing FOIA requests, and do not impose any new 
requirements on small entities.

Unfunded Mandates Reform Act of 1995

    These proposed regulations will not result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more in any one year, and it will 
not significantly or uniquely affect small governments. Therefore, no 
actions are necessary under the provisions of the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1532(a) & 1533(a).

Small Business Regulatory Enforcement Fairness Act of 1996

    These proposed regulations will not result in an annual effect on 
the economy of $100 million or more, a major increase in costs or 
prices, or significant adverse effects on competition, employment, 
investment, productivity, innovation, or the ability

[[Page 39433]]

of United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets. Thus, they do not 
constitute major rules as defined by the Small Business Regulatory 
Enforcement Fairness Act of 1996, 5 U.S.C. 804.

National Environmental Policy Act of 1969

    CIA has reviewed these proposed regulations for purposes of the 
National Environmental Policy Act of 1969 (NEPA) and has determined 
that these proposed regulations do not constitute ``major Federal 
actions significantly affecting the quality of the human environment.'' 
42 U.S.C. 4332(C).

List of Subjects in 32 CFR Part 1900

    Administrative practice and procedure, Classified information, 
Freedom of information.

    As stated in the preamble, the CIA proposes to revise 32 CFR part 
1900 to read as follows:

PART 1900--PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF 
INFORMATION ACT (FOIA)

General

Sec.
1900.01 Authority and purpose.
1900.02 Definitions.
1900.03 Contact for general information and requests.
1900.04 Suggestions and complaints.

Filing of FOIA Requests

1900.11 Preliminary information.
1900.12 Requirements as to form and content.
1900.13 Fees for record services.
1900.14 Fee estimates (pre-request option).

CIA Action on FOIA Requests

1900.21 Processing of requests for records.
1900.22 Action and determination(s) by originator(s) or any 
interested party.
1900.23 Payment of fees, notification of decision, and right of 
appeal.

Additional Administrative Matters

1900.31 Procedures for business information.
1900.32 Procedures for information concerning other persons.
1900.33 Allocation of resources; agreed extensions of time.
1900.34 Requests for expedited processing.

CIA Action on FOIA Administrative Appeals

1900.41 Designation of authority to hear appeals.
1900.42 Right of appeal and appeal procedures.
1900.43 [Reserved]
1900.44 Action by appeals authority.
1900.45 Notification of decision and right of judicial review.

    Authority: 5 U.S.C. 552; 50 U.S.C. 3001 et seq.; 50 U.S.C. 3501 
et seq.; 50 U.S.C. 3141; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., 
p. 235; E.O. 13392, 70 FR 75373, 3 CFR, 2005 Comp., p. 216; E.O. 
13526, 75 FR 707, 3 CFR, 2009 Comp., p. 298.

General


Sec.  1900.01  Authority and purpose.

    (a) This part is issued under the authority of and in order to 
implement the Freedom of Information Act (FOIA), as amended (5 U.S.C. 
552); and in accordance with the CIA Information Act of 1984 (50 U.S.C. 
3141); section 102A(i) of the National Security Act of 1947, as amended 
(50 U.S.C. 3024(i)); and section 6 of the Central Intelligence Agency 
Act of 1949, as amended (50 U.S.C. 3507). It contains procedures that 
CIA follows in processing requests for records submitted under the 
FOIA. The procedures in this part should be read in conjunction with 
the text of the FOIA and the Uniform Freedom of Information Fee 
Schedule and Guidelines published by the Office of Management and 
Budget (OMB Fee Guidelines).
    (b) Requests made by individuals for records about themselves under 
the Privacy Act of 1974 (5 U.S.C. 552a) are processed in accordance 
with CIA's Privacy Act regulations, set forth at 32 CFR part 1901, as 
well as under this part.
    (c) Other than as expressly provided in this part, this part 
creates no right or benefit, substantive or procedural, enforceable by 
law or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees, or agents, 
or any other person.


Sec.  1900.02   Definitions.

    For purposes of this part, the following terms have the meanings 
indicated:
    (a) Agency or CIA means the United States Central Intelligence 
Agency acting through the CIA Information and Privacy Coordinator.
    (b) Agency Release Panel (ARP) means the Agency's forum for 
reviewing information review and release policy, assessing the adequacy 
of resources available to all Agency declassification and release 
programs, and considering administrative appeals in accordance with 
this part.
    (c) 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 (DCIA) to have Agency-wide responsibility for 
the CIA's efficient and appropriate compliance with the FOIA.
    (d) CIA Information and Privacy Coordinator or Coordinator means 
the official who serves as the Agency manager of information review and 
release activities implementing the FOIA.
    (e) Days means calendar days when the Agency is operating and 
specifically excludes Saturdays, Sundays, and legal public holidays. 
Three (3) days may be added to any time limit imposed on a requester by 
this part if responding by U.S. domestic mail; ten (10) days may be 
added if responding by international mail.
    (f) Direct costs means those expenditures which an agency actually 
incurs in the processing of a FOIA request; it does not include 
overhead factors such as space; it does include:
    (1) Pages, which means paper copies of standard office size or the 
dollar value equivalent in other media;
    (2) Reproduction, which means generation of a copy of a requested 
record in a form appropriate for release;
    (3) Review, which means all time expended in preparing a record for 
release, including examining a record to determine whether any portion 
must be withheld pursuant to law and in effecting any necessary 
deletions but excludes personnel hours expended in resolving general 
legal or policy issues; and
    (4) Search, which means all time expended in looking for and 
retrieving material that may be responsive to a request utilizing 
available paper and electronic indices and finding aids, including time 
spent determining whether records located during a search are 
responsive to the request.
    (g) Fees means those direct costs which may be assessed a requester 
considering the categories established by the FOIA; requesters should 
submit information to assist the Agency in determining the proper fee 
category and the Agency may draw reasonable inferences from the 
identity and activities of the requester in making such determinations; 
the fee categories include:
    (1) Commercial use. Requests in which the disclosure sought is 
primarily in the commercial interest of the requester and which 
furthers such commercial, trade, income or profit interests, which can 
include furthering those interests through litigation.
    (2) Educational or non-commercial scientific institution, or a 
representative of the news media--(i) Educational or non-commercial 
scientific institution. Requests made under the auspices of an 
accredited United States institution engaged in scholarly or scientific 
research and which are for information not for commercial use, but 
rather intended to be used in specific scholarly or scientific works.

[[Page 39434]]

    (ii) Representative of the news media. Requests from any person or 
entity that actively gathers information of potential interest to a 
segment of the public, uses its editorial skills to turn the raw 
materials into a distinct work, and distributes that work to an 
audience. The term news means information that is about current events 
or that would be of current interest to the public. Examples of news 
media include television or radio stations broadcasting to the public 
at large, and individual or corporate publishers of periodicals that 
disseminate ``news'' and make their products available through a 
variety of means to the general public, including news organizations 
that disseminate solely on the internet. ``Freelance'' journalists who 
demonstrate a solid basis for expecting publication through a news 
media entity will be considered a representative of the news media. A 
publishing contract would be the clearest proof that publication is 
expected, but the Agency may also look to the past publication record 
of a requestor in making this determination.
    (3) All other. Requests not described in paragraph (g)(1) or (2) of 
this section.
    (h) 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 this part.
    (i) FOIA Requester Service Center means the office within the CIA 
where a FOIA requester may direct inquiries regarding the status of a 
FOIA request he or she filed at the CIA, requests for guidance on 
narrowing or further defining the nature of scope of his or her FOIA 
request, and requests for general information about the FOIA program at 
the CIA.
    (j) Interested party means any official in the executive, military, 
congressional, or judicial branches of government, United States or 
foreign, or U.S. Government contractor who, in the sole discretion of 
the CIA, has a subject matter or physical interest in the documents or 
information at issue.


Sec.  1900.03   Contact for general information and requests.

    (a) A member of the public seeking to file a FOIA request or an 
administrative appeal must direct a written request or appeal via mail 
to: Information and Privacy Coordinator, Central Intelligence Agency, 
Washington, DC 20505, or online at: https://www.foia.cia.gov/foia_request/form, in accordance with the requirements of this part.
    (b) Requesters may view the status of pending FOIA requests at 
https://www.cia.gov/readingroom/request/status. In addition, inquiries 
regarding the status of a FOIA request, obtaining guidance on narrowing 
or further defining the nature or scope of a FOIA request, or obtaining 
general information about the FOIA program at CIA, may be directed 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) Concerns, suggestions, comments, or complaints regarding the 
service received from CIA or regarding the Agency's general 
administration of the FOIA may be directed 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.


Sec.  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 Sec.  
1900.03(c). The Agency may 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 be responsible for assisting in reducing delays and 
assisting in the resolution of disputes between a FOIA requester and 
the Agency.

Filing of FOIA Requests


Sec.  1900.11  Preliminary information.

    (a) Members of the public shall address all communications to the 
CIA Coordinator as specified at Sec.  1900.03. Any requests for access 
to records which are not directed to the Information and Privacy 
Coordinator, in accordance with the requirements set forth in 
Sec. Sec.  1900.03 and 1900.12, shall not be considered proper FOIA 
requests.
    (b) The CIA shall not accept a request for records under the FOIA 
that does not have a physical mailing address or email address where 
CIA can send a response or other correspondence related to the request.
    (c) The CIA shall not accept a request for records under the FOIA 
or an appeal of an adverse determination regarding a FOIA request 
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.
    (d) The CIA shall not accept requests for records under the FOIA 
submitted by any government entity, other than a State, territory, 
commonwealth, or district of the United States, or any subdivision 
thereof, or from any representative of such a government entity.


Sec.  1900.12   Requirements as to form and content.

    (a) Required information. Requests must reasonably describe the 
records of interest sought by the requester, as set forth at 5 U.S.C. 
552(a)(3). This means that documents must be described sufficiently so 
that Agency professionals who are familiar with the subject area of the 
request are able, with a reasonable effort, to determine which 
particular records are within the scope of the request. In order to 
assist CIA in identifying the specific records sought, all requesters 
are encouraged to be as specific as possible in describing the records 
they are seeking by including, for example, the relevant 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. Requests for electronic communications should 
attempt to specify a sender, recipient, date range, and subject or 
keyword. Extremely broad or vague requests or requests requiring 
research do not satisfy the requirement that a request be ``reasonably 
described.''
    (b) Requirements as to identification of requester. (1) Individuals 
seeking access to records concerning themselves shall provide their 
full (legal) name, address, date and place of birth together with a 
signed statement that such information is true under penalty of perjury 
or a notarized statement swearing to or affirming identity. If the 
Agency determines that this information is not sufficient, the Agency 
may request additional or clarifying information.
    (2) Attorneys or other individuals retained to represent a 
requester shall provide evidence of such representation

[[Page 39435]]

by submission of a representational agreement or other document which 
establishes the relationship with the requester.
    (c) Additional information for fee determination. A requester 
should provide sufficient information to allow the Agency to determine 
the appropriate fee category for the request. 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.
    (d) Additional communication with requester. Although the Agency is 
not required to answer questions, create records, or perform research 
in response to a FOIA request, when the request lacks sufficient 
clarity to allow the records to be located with a reasonable effort, 
the Agency will provide the requester with an opportunity to narrow or 
further define the nature or scope of the request. Additionally, 
individuals may contact the CIA FOIA Requester Service Center for the 
purpose of obtaining recommendations as to how to frame or narrow a 
particular request.


Sec.  1900.13  Fees for record services.

    (a) In general. Search, review, and reproduction fees will be 
charged in accordance with the provisions in paragraphs (b) through (j) 
of this section relating to schedule, limitations, and category of 
requester. Applicable fees will be due even if our search locates no 
responsive records or some or all of the responsive records must be 
denied under one or more of the exemptions of the Freedom of 
Information Act.
    (b) Fee waiver requests. Records will be furnished without charge 
or at a reduced rate whenever the Agency determines:
    (1) That, as a matter of administrative discretion, the interest of 
the United States Government would be served; or
    (2) That it is in the public interest because it is likely to 
contribute significantly to the public understanding of the operations 
or activities of the United States Government and is not primarily in 
the commercial interest of the requester.
    (c) Fee waiver appeals. Denials of requests for fee waivers or 
reductions may be appealed to the Chair of the Agency Release Panel via 
the Coordinator. A requester is encouraged to provide any explanation 
or argument as to how his or her request satisfies the statutory 
requirement set forth in Sec.  1900.01.
    (d) Time for fee waiver requests and appeals. Fee waiver requests 
and appeals must be directed to the Coordinator in accordance with 
Sec. Sec.  1900.03 and 1900.11. It is suggested that such requests and 
appeals be made and resolved prior to the initiation of processing and 
the incurring of costs. However, fee waiver requests will be accepted 
at any time prior to the release of documents or the completion of a 
case, and fee waiver appeals within forty-five (45) days of our initial 
decision subject to the following condition: If processing has been 
initiated, then the requester must agree to be responsible for costs in 
the event of an adverse administrative or judicial decision. When 
making fee waiver requests or appeals, no particular format is required 
other than a statement of the basis for the request or appeal.
    (e) Agreement to pay fees. In order to protect requesters from 
large and/or unanticipated charges, the Agency will request a specific 
commitment from the requester to pay applicable fees when the Agency it 
estimates that fees will exceed $100.00. The Agency will hold in 
abeyance for forty-five (45) days requests requiring such agreement and 
will thereafter deem the request closed in the absence of a response 
from the requester. This action, of course, would not prevent a 
requester from refiling the FOIA request with a fee commitment at a 
subsequent date.
    (f) Deposits. The Agency may require an advance deposit of up to 
100 percent of the estimated fees when fees may exceed $250.00 and the 
requester has no history of payment, or when, for fees of any amount, 
there is evidence that the requester may not pay the fees which would 
be accrued by processing the request. The Agency will hold in abeyance 
for forty-five (45) days those requests where deposits have been 
requested and will thereafter deem the request closed in the absence of 
a response from the requester.
    (g) Schedule of fees--(1) In general. The schedule of fees for 
services performed in responding to requests for records is established 
as follows:

                       Table 1 to Paragraph (g)(1)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                       Personnel Search and Review
------------------------------------------------------------------------
Clerical/Technical...................  Quarter hour..........      $5.00
Professional/Supervisory.............  Quarter hour..........      10.00
Manager/Senior Professional..........  Quarter hour..........      18.00
------------------------------------------------------------------------
                               Duplication
------------------------------------------------------------------------
Photocopy (b&w, standard, or legal)..  Per page..............       0.10
Photocopy (color, standard, or legal)  Per page..............       1.00
Microfiche...........................  Per frame.............       0.20
CD (bulk recorded)...................  Each..................      10.00
CD (recordable)......................  Each..................      20.00
Pre-printed (if available)...........  Per 100 pages.........       5.00
Published (if available).............  Per item..............       NTIS
------------------------------------------------------------------------

    (2) Application of schedule. Personnel search time includes time 
expended in either manual paper records searches, indices searches, 
review of computer search results for relevance, personal computer 
system searches, and various reproduction services. In any event where 
the actual cost to the Agency of a particular item is less than listed 
in the schedule in table 1 to paragraph (g)(1) of this section (e.g., a 
large production run of a document resulted in a cost less than $5.00 
per hundred pages), then the actual lesser cost will be charged. Items 
published and available at the National Technical Information Service 
(NTIS) may also be available from CIA pursuant to this part at the NTIS 
price as authorized by statute.
    (3) Other services. For all other types of output, production, or 
reproduction (e.g., photographs, maps, or published reports), actual 
cost or amounts authorized by statute will be charged. Determinations 
of actual cost shall include the commercial cost of the media, the 
personnel time expended in making the item to be released, and an 
allocated cost of the equipment used in

[[Page 39436]]

making the item, or, if the production is effected by a commercial 
service, then that charge shall be deemed the actual cost for purposes 
of this part.
    (h) Charging fees. In responding to FOIA requests, CIA shall assess 
fees as follows unless a waiver or reduction of fees has been granted 
under paragraph (b) of this section:
    (1) Commercial use requesters. Charges which recover the full 
direct costs related to search, review, and duplication of responsive 
records (if any);
    (2) Educational or non-commercial scientific institutions, or 
representatives of the news media. Charges for duplication of 
responsive records (if any) beyond the first 100 pages; and
    (3) All other requesters. Charges which recover the full direct 
costs related to search and duplication of responsive records (if any) 
beyond the first two hours of search time and first 100 pages.
    (i) Limitations on collection of fees--(1) In general. No fees will 
be charged if the cost of collecting the fee is equal to or greater 
than the fee itself. That cost includes the administrative costs to the 
Agency of billing, receiving, recording, and processing the fee for 
deposit to the Treasury Department and, as of [EFFECTIVE DATE OF FINAL 
RULE], is deemed to be $10.00.
    (2) Requests for personal information. No fees will be charged for 
U.S. citizens or lawful permanent residents seeking records about 
themselves under the Privacy Act; such requests are processed in 
accordance with both the FOIA and the Privacy Act in order to ensure 
the maximum disclosure without charge.
    (3) Untimely response. If CIA fails to comply with the FOIA's time 
limits for responding to a request, CIA will not charge search fees or, 
in the case of requesters in the educational or non-commercial 
scientific institutions or representatives of the news media category, 
duplication fees, except as set forth in paragraph (i)(4) of this 
section.
    (4) Special circumstances. (i) If CIA determines that unusual 
circumstances as defined by the FOIA apply and the Agency has provided 
timely written notice to the requester, a failure to comply with the 
time limit shall be excused an additional ten (10) days.
    (ii) If CIA determines that unusual circumstances, as defined by 
the FOIA, apply and more than 5,000 pages are necessary to respond to 
the request, the Agency may charge search fees or, in the case of 
requesters in the educational or non-commercial scientific institutions 
or representatives of the news media category, duplication fees if the 
Agency has provided timely written notice of unusual circumstances to 
the requester in accordance with the FOIA and has discussed with the 
requester via written mail, email, or telephone (or made not less than 
three good-faith attempts to do so) how the requester could effectively 
limit the scope of the request in accordance with the requirements of 
the FOIA, 5 U.S.C. 552(a)(6)(B)(ii). If this exception is satisfied, 
CIA may charge all applicable fees incurred in the processing of the 
request.
    (iii) If a court determines that exceptional circumstances exists, 
as defined in the FOIA, 5 U.S.C. 552(a)(6)(C), a failure to comply with 
the time limit shall be excused for the length of time provided by the 
court order.
    (j) Associated requests. A requester or associated requesters may 
not file a series of multiple requests, which are merely discrete 
subdivisions of the information actually sought for the purpose of 
avoiding or reducing applicable fees. In such instances, the Agency may 
aggregate the requests and charge the applicable fees.


Sec.  1900.14  Fee estimates (pre-request option).

    In order to avoid unanticipated or potentially large fees, a 
requester may submit a request for a fee estimate. The Agency will 
endeavor within twenty (20) days to provide an accurate estimate, and, 
if a request is thereafter submitted, the Agency will not accrue or 
charge fees in excess of our estimate without the specific permission 
of the requester.

CIA Action on FOIA Requests


Sec.  1900.21   Processing of requests for records.

    (a) In general. Requests meeting the requirements of Sec. Sec.  
1900.11 through 1900.13 shall be considered proper FOIA requests and 
will be processed under the Freedom of Information Act, 5 U.S.C. 552, 
this part, and in accordance with any other applicable statutes. Upon 
receipt, the Agency shall within ten (10) days record each request, 
acknowledge receipt to the requester in writing, and thereafter effect 
the necessary taskings to the CIA components reasonably believed to 
hold responsive records.
    (b) Previously-released records. As an alternative to extensive 
tasking, search, and review, some requesters may wish to consider 
limiting the scope of their requests to previously-released records. 
Searches of such records can often be accomplished expeditiously. 
Moreover, requests for such records that are specific and well-focused 
will often incur minimal, if any, costs. Requesters interested in 
limiting their requests to previously released Agency information, in 
lieu of traditional processing of a FOIA request, should so indicate in 
their correspondence.
    (c) Effect of certain exemptions. In processing a request, the 
Agency shall decline to confirm or deny the existence or nonexistence 
of any responsive records whenever the mere fact of their existence or 
nonexistence is itself classified under Executive Order 13526 (or 
successor orders), or revealing of intelligence sources and methods 
protected pursuant to section 102A(i)(1) of the National Security Act 
of 1947. In such circumstances, the Agency, in the form of a final 
written response, shall so inform the requester and advise the 
requester of the right to an administrative appeal.
    (d) Time for response. The Agency will make every effort to respond 
to a proper FOIA request within the statutory 20-day time period after 
receipt of the request. However, the current volume of requests 
routinely requires that the Agency seek additional time from a 
requester pursuant to Sec.  1900.33.


Sec.  1900.22  Action and determination(s) by originator(s) or any 
interested party.

    (a) Initial action for access. (1) CIA components tasked pursuant 
to a FOIA request shall conduct a reasonable search of all relevant 
record systems within their areas of responsibility which have not been 
exempted from search, review, and disclosure under the FOIA by the CIA 
Information Act of 1984 and which are reasonably likely to contain 
records responsive to the request. They shall:
    (i) Determine whether any responsive records exist;
    (ii) Determine whether, and to what extent, any FOIA exemptions, as 
set forth in 5 U.S.C. 552(b), apply to the responsive records;
    (iii) Review the exempt records to determine whether they contain 
any reasonably segregable, non-exempt material;
    (iv) Approve the disclosure of all non-exempt records, or portions 
of records, within their areas of responsibility; and
    (v) Forward to the Coordinator all records approved for release or 
necessary for coordination with or referral to another component or 
interested party.
    (2) In making the decisions discussed in paragraph (a)(1) of this 
section, the CIA component officers shall be guided by the applicable 
law as well as the procedures specified at Sec. Sec.  1900.31 and 
1900.32 regarding confidential commercial or financial information and

[[Page 39437]]

personal information (about persons other than the requester).
    (b) Referrals and coordinations. As applicable, any CIA records 
containing information originated by other CIA components shall be 
forwarded to those entities for appropriate action in accordance with 
paragraph (a) of this section. Records originated by other Federal 
agencies or CIA records containing other Federal agency information 
shall be forwarded to such agencies for appropriate action in 
accordance with the applicable procedures of each agency.


Sec.  1900.23   Payment of fees, notification of decision, and right of 
appeal.

    (a) Fees in general. Fees collected under this part do not accrue 
to the Central Intelligence Agency and shall be deposited immediately 
to the general account of the United States Treasury.
    (b) Notification of decision. Upon completion of all required 
review and the receipt of accrued fees (or promise to pay such fees), 
the Agency will promptly inform the requester of its determination 
regarding the request. With respect to any records that the Agency 
determines may be released, the Agency will provide copies. For any 
records or portions of records that the Agency determines must be 
denied, the Agency shall explain the reasons for the denial, identify 
the person(s) responsible for such decisions by name and title, and 
give notice of a right of administrative appeal.
    (c) Availability of reading room. As an alternative to receiving 
records by mail, a requester may arrange to inspect the records deemed 
releasable at a CIA ``reading room'' in the metropolitan Washington, 
DC, area. Access will be granted after applicable and accrued fees have 
been paid. All such requests shall be in writing and addressed pursuant 
to Sec.  1900.03. The records will be available at such times as 
mutually agreed but not less than three (3) days from our receipt of a 
request. The requester will be responsible for reproduction charges for 
any copies of records desired. The Agency has an electronic FOIA 
reading room on its website, located at www.cia.gov/readingroom, which 
contains records that the Agency has previously publicly released under 
FOIA as well as under other information review and release activities.

Additional Administrative Matters


Sec.  1900.31   Procedures for business information.

    (a) In general. Business information obtained by the Central 
Intelligence Agency from a submitter shall not be disclosed pursuant to 
a Freedom of Information Act request except in accordance with this 
section. For purposes of this section, the following definitions apply:
    (1) Business information means confidential commercial or financial 
information obtained by the United States Government from a submitter 
that is reasonably believed to contain information exempt from 
disclosure under 5 U.S.C. 552(b)(4).
    (2) Submitter means any person or entity who provides confidential 
commercial information to the United States Government; it includes, 
but is not limited to, corporations, businesses (however organized), 
state governments, and foreign governments. This term does not include 
any other Federal Government entity.
    (b) Designation of confidential commercial or financial 
information. A submitter of business information will use good-faith 
efforts to designate, by appropriate markings, either at the time of 
submission or at a reasonable time thereafter, any portions of its 
submission that it considers to be confidential commercial or financial 
information and hence protected from required disclosure pursuant to 5 
U.S.C. 552(b)(4). Such designations shall expire ten (10) years after 
the date of the submission unless the submitter requests, and provides 
justification for, a longer designation period.
    (c) Process in event of FOIA request--(1) Notice to submitters. The 
Agency shall provide a submitter with prompt written notice of receipt 
of a Freedom of Information Act request encompassing business 
information if, after reviewing the request, the responsive records, 
and, if applicable, any appeal by the requester, the Agency determines 
that it may be required to release the records, provided:
    (i) The submitter has in good faith designated the information as 
confidential commercial or financial information; or
    (ii) The Agency believes the information may be exempt from 
disclosure pursuant to 5 U.S.C. 552(b), but is unable to make that 
determination without additional information; and
    (iii) The information was submitted within the last ten (10) years 
unless the submitter requested and provided acceptable justification 
for a specific notice period of greater duration.
    (2) Form of notice. This notice shall either describe the exact 
nature of the confidential commercial or financial information at issue 
or provide copies of the responsive records containing such 
information.
    (3) Response by submitter. (i) The Agency shall specify a 
reasonable time period within which the submitter must respond to the 
notice described in paragraphs (c)(1) and (2) of this section with a 
detailed statement identifying any claims of confidentiality, supported 
by a detailed statement of any objection to disclosure. Such statement 
shall:
    (A) Specify that the information has not been disclosed to the 
public;
    (B) Explain why the information is contended to be a trade secret 
or confidential commercial information;
    (C) Explain how the information is capable of competitive damage if 
disclosed;
    (D) State that the submitter will provide the Agency and the 
Department of Justice with such litigation defense as requested; and
    (E) Be certified by an officer authorized to legally bind the 
corporation or similar entity.
    (ii) It should be noted that information provided by a submitter 
pursuant to this provision may itself be subject to disclosure under 
the FOIA.
    (iii) A submitter who fails to respond within the time period 
specified in the notice shall be considered to have no objections to 
disclosure of the business information identified therein.
    (4) Decision and notice of intent to disclose. (i) The Agency shall 
consider carefully a submitter's objections and specific grounds for 
nondisclosure prior to its final determination. If the Agency 
determines that if must disclose the requested records, notwithstanding 
the submitter's objections, the Agency shall provide the submitter a 
written notice which shall include:
    (A) A statement of the reasons for which the submitter's disclosure 
objections were not sustained;
    (B) A description of the information to be disclosed; and
    (C) A specified disclosure date which is seven (7) days after the 
date of the instant notice.
    (ii) When notice is given to a submitter under this section, the 
Agency shall also notify the requester and, if the Agency notifies a 
submitter that it intends to disclose information, then the requester 
shall be notified also and given the proposed date for disclosure.
    (5) Notice of FOIA lawsuit. If a requester initiates a civil action 
seeking to compel disclosure of information asserted to be within the 
scope of this section, the Agency shall promptly notify the submitter. 
The submitter, as specified in paragraph (a)(2) of this section, shall 
provide such litigation assistance as required by the Agency and the 
Department of Justice.

[[Page 39438]]

    (6) Exceptions to notice requirement. The notice requirements of 
this section shall not apply if the Agency determines that:
    (i) The information should not be disclosed in light of other FOIA 
exemptions;
    (ii) The information has been published lawfully or has been 
officially made available to the public;
    (iii) The disclosure of the information is otherwise required by 
law or Federal regulation; or
    (iv) The designation made by the submitter under this section 
appears frivolous, except that, in such a case, the Agency will, within 
a reasonable time prior to the specified disclosure date, give the 
submitter written notice of any final decision to disclose the 
information.


Sec.  1900.32  Procedures for information concerning other persons.

    (a) Personal information concerning individuals other than the 
requester shall not be disclosed in response to a FOIA request if, as 
set forth in 5 U.S.C. 552(b)(6), the release of such information would 
constitute a clearly unwarranted invasion of personal privacy. Personal 
information is any information about an individual that is not a matter 
of public record, or easily discernible to the public, or protected 
from disclosure because of the implications that arise from Government 
possession of such information. Public interest means the public 
interest in understanding the operations and activities of the United 
States Government and not simply any matter which might be of general 
interest to the requester or members of the public.
    (b) In making the required determination under this section and 
pursuant to 5 U.S.C. 552(b)(6), the Agency will balance the privacy 
interests that would be compromised by disclosure against the public 
interest in release of the requested information.
    (c) A requester seeking information on a third party is encouraged 
to provide a signed affidavit or declaration from the third party 
waiving all or some of their privacy rights, or to submit proof that 
the third party is deceased (e.g., a copy of a death certificate, a 
published obituary, etc.). Third-party waivers shall be narrowly 
construed and the Coordinator, in the exercise of his discretion and 
administrative authority, may seek clarification from the third party 
prior to any or all releases.


Sec.  1900.33  Allocation of resources; agreed extensions of time.

    (a) In general. Agency components shall devote such personnel and 
other resources to the responsibilities imposed by the Freedom of 
Information Act as may be appropriate and reasonable considering:
    (1) The totality of resources available to the component;
    (2) The business demands imposed on the component by the DCIA or 
otherwise by law;
    (3) The information review and release demands imposed by the 
Congress or other governmental authority; and
    (4) The rights of all members of the public under the various 
information review and disclosure laws.
    (b) Discharge of FOIA responsibilities--(1) Chief FOIA Officer. 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 DCIA, 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 and assisting in the resolution of 
disputes between requesters and the Agency.
    (2) Multi-track processing. The Agency shall exercise due diligence 
in its responsibilities under the FOIA. The Agency shall designate a 
specific track for requests that are granted expedited processing, as 
set forth in Sec.  1900.34. In addition, although the Agency will 
generally process requests and administrative appeals on a ``first in, 
first out'' basis, based upon a reasonable allocation of available 
resources, the Agency may designate additional processing queues that 
distinguish between simple and more complex requests based on the 
estimated amount of time or work needed to complete the processing of 
the request. The Agency may provide requesters in a slower queue an 
opportunity to limit the scope of their request in order to qualify for 
faster processing.
    (c) Requests for extension of time. When the Agency is unable to 
meet the statutory time requirements of the FOIA due to unusual 
circumstances, as defined in the FOIA, and the Agency extends the time 
limit on that basis, the Agency shall, before the expiration of the 20-
day time limit to respond, notify the requester in writing of the 
unusual circumstances involved and of an estimated date by which 
processing of the request is expected to be completed. When the 
extension exceeds 10 days, the Agency shall, as described in the FOIA, 
provide the requester with an opportunity to modify the scope of the 
request or arrange an alternative time period for processing the 
original or modified request. CIA's FOIA Requester Service Center or 
the CIA FOIA Public Liaison are available to assist in this process.


Sec.  1900.34  Requests for expedited processing.

    (a) Expedited processing requests. Requests for expedited 
processing shall be submitted to the Coordinator in accordance with 
Sec. Sec.  1900.03, 1900.11, and 1900.12. Such requests will be 
approved only when a compelling need is established to the satisfaction 
of the Agency. Within ten (10) days of receipt of a request for 
expedited processing, the Agency will decide whether to grant expedited 
processing and will notify the requester of its decision. A compelling 
need is deemed to exist:
    (1) When the matter involves an imminent threat to the life or 
physical safety of an individual; or
    (2) When the request is made by a person primarily engaged in 
disseminating information and the information is relevant to a subject 
of public urgency concerning an actual or alleged Federal Government 
activity.
    (b) Expedited processing appeals. Denials of requests for expedited 
processing may be appealed to the CIA's Agency Release Panel via the 
Coordinator and shall be acted upon expeditiously.

CIA Action on FOIA Administrative Appeals


Sec.  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 Director, Advanced 
Data Lifecycle Solutions (ADLS) (or the Deputy Director, ADLS, acting 
on the Director's behalf), and is composed of the Information Review 
Officers from the various Directorates, a voting representative of the 
Office of General Counsel, as well as the representatives of the 
various CIA release programs and offices. The Information and Privacy 
Coordinator also serves as Executive Secretary of the ARP. The Chair 
may request interested parties to participate when special equities or 
expertise are involved.

[[Page 39439]]

Sec.  1900.42  Right of appeal and appeal procedures.

    (a) Right of appeal. A right of administrative appeal exists 
whenever access to any requested record or any portion thereof is 
denied, or no records are located in response to a request. In 
addition, requesters may appeal denials of requests for expedited 
processing and fee waivers, as well as the adequacy of a search for 
records responsive to a request. The Agency will apprise all requesters 
in writing of their right to file an administrative appeal to the ARP 
through the Coordinator.
    (b) Requirements as to time and form. Appeals of decisions must be 
received by the Coordinator within ninety (90) days of the date of the 
Agency's initial decision. The Agency may, for good cause and as a 
matter of administrative discretion, permit an additional thirty (30) 
days for the submission of an appeal. All appeals shall be in writing 
and addressed as specified in Sec.  1900.03. All appeals must identify 
the documents or portions of documents at issue with specificity and 
may present such information, data, and argument in support as the 
requester may desire.
    (c) Exceptions. No appeal shall be accepted if the requester has 
outstanding fees for information services at this or another Federal 
agency.
    (d) Receipt, recording, and tasking. The Agency shall promptly 
record each request received under this part, acknowledge receipt to 
the requester in writing, and thereafter effect the necessary taskings 
to the relevant components for appropriate action.
    (e) Time for response. The Agency shall attempt to complete action 
on an appeal within twenty (20) days of the date of receipt, except for 
appeals of denial of expedited processing, for which the Agency shall 
attempt to complete action within ten (10) business days of the date of 
receipt. The current volume of requests, however, often requires that 
the Agency request additional time from the requester pursuant to Sec.  
1900.33. In such event, the Agency will inform the requester of the 
right to judicial review.


Sec.  1900.43  [Reserved]


Sec.  1900.44  Action by appeals authority.

    (a) The Coordinator, acting in the capacity of Executive Secretary 
of the ARP, shall place administrative appeals of FOIA requests ready 
for adjudication on the agenda at the next occurring meeting of that 
Panel. The Executive Secretary shall provide the ARP membership with a 
summary of the request and issues raised on appeal for the Panel's 
consideration, and make available to the Panel the complete 
administrative record of the request consisting of the request, the 
document(s) at issue (in redacted and full-text form), if any, and the 
findings and recommendations of the relevant components.
    (b) The ARP shall determine whether an appeal before the Panel is 
meritorious. The ARP 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 CIA Chief Data Officer (CDO) for resolution. In the event of a 
disagreement with any decision by the CDO, Directorate or Independent 
Office heads may appeal to the CIA Chief Operating Officer (COO) for a 
final Agency decision. The final Agency decision shall reflect the vote 
of the ARP, unless the CDO or COO disagrees with the ARP and makes a 
superseding final Agency decision.
    (c) Appeals of denials of requests for fee waivers or reductions 
and/or denial of requests for expedited processing shall go directly 
from the Coordinator to the Agency Release Panel for a final Agency 
determination.


Sec.  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 adverse Agency determination, that correspondence shall state the 
reasons for the decision, and include a notice of a right to judicial 
review.

    Dated: June 13, 2022.
Brian C. O'Neill,
Director, Advanced Data Lifecycle Solutions.
[FR Doc. 2022-13361 Filed 6-30-22; 8:45 am]
BILLING CODE 6310-02-P


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