§ 1900.02 - Definitions.

§ 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) Days means 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) Business days means calendar days when the Agency is operating and specifically excludes Saturdays, Sundays, and legal public holidays. Three (3) business days may be added to any time limit imposed on a requester by this part if responding by U.S. domestic mail; ten (10) business days may be added if responding by international mail

;

.

(

c

d)

Control

Chief FOIA Officer means

ownership or the authority of the CIA pursuant to federal statute or privilege to regulate official or public access to records;

(d) Coordinator means the CIA Information and Privacy Coordinator 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.

(e) CIA Information and Privacy Coordinator or Coordinator means the official who serves as the Agency manager of

the

information review and release

program instituted under the Freedom of Information Act;

(eactivities implementing the FOIA.

(f) Direct costs means those expenditures

which an agency

that CIA 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

Duplication, 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

required

necessary deletions but excludes personnel hours expended in resolving general legal or policy issues

; it also means personnel hours of professional time;

regarding the application of exemptions; 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

; it also means personnel hours of professional time or the dollar value equivalent in computer searches;

(f) Expression of interest means a written communication submitted by a member of the public requesting information on or concerning the FOIA program and/or the availability of documents from the CIA;

(g) Federal agency means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);

(h)

, including time spent determining whether records located during a search are responsive to the request.

(g) Fees means those direct costs which a requester 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

means a request

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)

Non

Educational or non-commercial

educational or scientific institution means a request from

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

educational

institution

at any academic level or institution

engaged in

research concerning the social, biological, or physical sciences or an instructor or researcher or member of such institutions; it also means that the information will be used in a specific scholarly or analytical work, will contribute to the advancement of public knowledge, and will be disseminated to the general public; (3

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.

(ii) Representative of the news media

refers to

. Requests from any person

actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term “news”

or entity that 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

entities

include television or radio stations broadcasting to the public at large, and individual or corporate publishers of periodicals

(but only in those instances when they can qualify as disseminators of “news”) who

that disseminate “news” and make their products available

for purchase or subscription by

through a variety of means to the general public

. These examples are not intended to be all-inclusive. Moreover, as traditional methods of news delivery evolve (e.g., electronic dissemination of newspapers through telecommunications services), such alternative media would be included in this category. In the case of “freelance” journalists, they may be regarded as working for a news organization if they can

, including news organizations that disseminate solely on the internet. “Freelance” journalists who demonstrate a solid basis for expecting publication through

that organization, even though not actually employed by it. A publication

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

agencies

the Agency may also look to the past publication record of a requestor in making this determination

:

.

(

4

3)All other

means a request from an individual not within

. Requests not described in paragraph (

h

g)(1)

,

or (2)

, or (3) of this section;

(i) Freedom of Information Act or “FOIA” means the statutes as codified at 5 U.S.C. 552;

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;

(k) Originator means the U

.

S. Government official who originated the document at issue or successor in office or such official who has been delegated release or declassification authority pursuant to law;

(l) Potential requester means a person, organization, or other entity who submits an expression of interest;

(m) Reasonably described records means a description of a document (record) by unique identification number or descriptive terms which permit an Agency employee to locate documents with reasonable effort given existing indices and finding aids;

(n) Records or agency records means all documents, irrespective of physical or electronic form, made or received by the CIA in pursuance of federal law or in connection with the transaction of public business and appropriate for preservation by the CIA as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the CIA or because of the informational value of the data contained therein; it does not include:

(1) Books, newspapers, magazines, journals, magnetic or printed transcripts of electronic broadcasts, or similar public sector materials acquired generally and/or maintained for library or reference purposes; to the extent that such materials are incorporated into any form of analysis or otherwise distributed or published by the Agency, they are fully subject to the disclosure provisions of the FOIA;

(2) Index, filing, or museum documents made or acquired and preserved solely for reference, indexing, filing, or exhibition purposes; and

(3) Routing and transmittal sheets and notes and filing or destruction notes which do not also include information, comment, or statements of substance;

(o) Responsive records means those documents (i.e., records) which the Agency has determined to be within the scope of a FOIA request.

[62 FR 32481, June 16, 1997, as amended at 72 FR 39316, July 18, 2007]