Documents / FOIA release
This Central Intelligence Agency filing is a declaration by Delores M. Nelson, the CIA's Information and Privacy Coordinator, in Bryant v. CIA, Civil Action No. 09-0940 in the U.S. District Court for the District of Columbia. It supports the CIA's motion for summary judgment. It traces Larry W. Bryant's 2008 FOIA request for records of a 1987 FAA meeting on the November 17, 1986 Japanese 747 encounter over Alaska and records of similar airborne UFO encounters. It also describes the fee dispute and the searches the CIA ran. No records of the meeting were found, and three documents from other agencies were referred to them.
“Edwards Air Force Base”3 pages
Approved for Release: 2025/06/11 C07083374 32482, Federal Register / Vol. 62, No. 115 / Monday-Junel6, 1997 / Rules and Regulations t _ pull it 1 CENTRAL INTELLIGENCE AGENCY 32 CFRPa1rts 1900, 1901, 1907, 1908, and 1909 Freedom of Information Act; Privacy Act; and Executive Order 12958;Implementation Agency: Central Intelligence Agency. ACTION: Interim rule. §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 lnfonnation and Privacy Coordinator; (b) 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 pan if responding by U.S. domestic mail; ten (10) days may be added if responding by international mail; (c) Control 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 who serves as the Agency manager of the information review and release program instituted under the Freedom of Information Act; (e) 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: (l) Pages means paper copies of standard oflice size or the dollar-value equivalent in other media; - (2) Reproduction means generation of a copy of a requested record in a form appropriate for release; (3) Review means all time expended in examining a record to determine whether any portion must be withheld pursuant to law and in effecting any required deletions, but excludes personnel hours expended in resolving general legal or policy issues; it also means personnel hours of professional time; (4) Search 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; (i) Expression of inreres! 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) Fees means those direct costs which may be assessed a requester considering the categories established by the FOl.A: requester-s 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: (l) Commercial means a request in which the disclosure sought is primarily in the commercial interest of the requester and which furthers such commercial, trade, income, or profit interests; (2) Non-commercial educational or scientific institution means a request from an accredited United States educational institution at any academic level or institution engaged in research conceming 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) Representative of the news media means a request from an individual actively gathering news for an entity that is organized and operated to publish and broadcast news to the American public and pursuant to their news dissemination function and not their commercial interests; the term news means information which concems current events, would be of current interest to the general public, would enhance the public understanding of the operations or activities of the U.S. Government, and is in fact disseminated to a significant element of the public at minimal cost; freelance journalists are included in this definition if they can demonstrate a solid basis for expecting publication through such an organization, even though not actually employed by it; a publication contractor prior publication record is relevant to such status; . (4) All other means a request from an individual not within paragraph (h)(l), (2), or (3) of this section; (i) Freedom of Information Act or “FOlA" means the statutes as codified at 5 U.S.C 552; (j) Interested parry 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 infonnation at issue; (k) Originator means the U.S. Government oflicial who originated the document at issue or successor in office, or such official who has been delegated release or declassification authority pursuant to law; (1) 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 rector materials acquired generally andlor maintained for library or reference purposes; to the extent that such materials are incorporated into any form of analysis or otherwise distributed o_r 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 rmdflling 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. §1900.13 Fees for Record Services (a) In general. Search, review, and reproduction fees will be charged in accordance with the provisions below relating to schedule, limitations, and category of - requester. Applicable fees will be due even if our search locates no responsive records or if 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 Approved for Release: 2025/06/11 C07083374
FOIA release, from the cia-readingroom collection. The PDF is mirrored here; the original link is above. 58 pages are in the text index: search them above, or from the library's search.