PART 1900—PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA) Authority: 5 U.S.C. 552; 50 U.S.C. 3001 et seq.; et seq.; Source: 88 FR 23341, Apr. 17, 2023, unless otherwise noted. General § 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. § 1900.02 Definitions. For purposes of this part, the following terms have the meanings indicated: (a) Agency CIA (b) Agency Release Panel (ARP) (c) Business days (d) Chief FOIA Officer (e) CIA Information and Privacy Coordinator Coordinator (f) Direct costs (1) Pages, (2) Duplication, (3) Review, (4) Search, (g) Fees (1) Commercial use. (2) Educational or non-commercial scientific institution, or a representative of the news media Educational or non-commercial scientific institution. (ii) Representative of the news media. news (3) All other. (h) FOIA Public Liaison (i) FOIA Requester Service Center (j) Interested party § 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, (b) Requesters may view the status of pending FOIA requests at https://www.cia.gov/readingroom/request/status. (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. § 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 § 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 § 1900.11 Preliminary information. (a) Members of the public shall address all communications to the CIA Coordinator as specified at § 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 §§ 1900.03 and 1900.12, shall not be considered proper FOIA requests. (b) The CIA shall not process 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. (c) 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. § 1900.12 Requirements as to form and content. (a) Required information. (2) Requesters must provide a physical mailing address or email address where CIA can send a response or other correspondence related to the request. (3) Failure to provide the required information in this section may result in a delay or declination in processing the request. (b) Requirements as to identification of requester. (2) Attorneys or other individuals retained to represent a requester shall provide evidence of such representation by submission of a representational agreement or other document which establishes the relationship with the requester. (3) Failure to provide the required information in this section may result in a delay or declination in processing the request. (c) Additional information for fee determination. (d) Additional communication with requester. § 1900.13 Fees for record services. (a) In general. (b) Fee waiver requests. (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. (d) Time for fee waiver requests and appeals. (e) Agreement to pay fees. (f) Deposits. (g) Schedule of fees In general. Table 1 to Paragraph (g)(1) (2) Application of schedule. e.g., (3) Other services. e.g., (h) Charging fees. (1) Commercial use requesters. (2) Educational or non-commercial scientific institutions, or representatives of the news media. (3) All other requesters. (i) Limitations on collection of fees In general. (2) Requests for personal information. (3) Untimely response. (4) Special circumstances. (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 exist, 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. § 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) business 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 § 1900.21 Processing of requests for records. (a) In general. (b) Previously-released records. (c) Effect of certain exemptions. (d) Time for response. § 1900.22 Action and determination(s) by originator(s) or any interested party. (a) Initial action for access. (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 §§ 1900.31 and 1900.32 regarding confidential commercial or financial information and personal information (about persons other than the requester). (b) Referrals and coordinations. § 1900.23 Payment of fees, notification of decision, and right of appeal. (a) Fees in general. (b) Notification of decision. (c) Availability of reading room. www.cia.gov/readingroom, Additional Administrative Matters § 1900.31 Procedures for business information. (a) In general. (1) Business information (2) Submitter (b) Designation of confidential commercial or financial information. (c) Process in event of FOIA request Notice to submitters. (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. (3) Response by submitter. (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. (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) business 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. (6) Exceptions to notice requirement. (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. § 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 Public interest (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., § 1900.33 Allocation of resources; agreed extensions of time. (a) In general. (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 Chief FOIA Officer. (2) Multi-track processing. (c) Requests for extension of time. § 1900.34 Requests for expedited processing. (a) Expedited processing requests. compelling need (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. CIA Action on FOIA Administrative Appeals § 1900.41 Designation of authority to hear appeals. (a) Agency Release Panel (ARP). (b) ARP membership. § 1900.42 Right of appeal and appeal procedures. (a) Right of appeal. (b) Requirements as to time and form. (c) Exceptions. (d) Receipt, recording, and tasking. (e) Time for response. § 1900.43 [Reserved] § 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. § 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.