C.F.R. » Title 32 » CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY › PART 1900—PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

32 C.F.R. § 1900.12

Requirements as to form and content

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(a) Required information. (1) 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.”

(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. (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 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. A requester should provide sufficient information to allow the Agency to determine the appropriate fee category for the request and the Agency may draw reasonable inferences from the identity and activities of the requester in making such a determination. 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.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 2012–2023 · leading case: Nat'l Sec. Counselors v. Cent. Intelligence Agency, 898 F. Supp. 2d 233 (D.D.C. 2012).
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Nat'l Sec. Counselors v. Cent. Intelligence Agency, 898 F. Supp. 2d 233 (D.D.C. 2012). · cites it 7× “Failing to follow the requirement in 32 C.F.R. § 1900.12 that, if a FOIA request is deemed improper, the agency must “work with, and offer suggestions to, the potential requester in order to define a request properly” (“Work With Policy”).”
Nat'l Sec. Counselors v. Cent. Intelligence Agency, 960 F. Supp. 2d 101 (D.D.C. 2013). · cites it 5× “” 32 C.F.R. § 1900.12 (c). The plaintiff contends that the CIA "never ‘worked with' NSC on any of these requests; it never even contacted NSC before mailing its summary cancellation letters.”
Stephen Yagman v. Michael Pompeo, 868 F.3d 1075 (9th Cir. 2017). “Providing the CIA another opportunity to assist in developing a more descriptive request is not only appropriate, but also warranted, given that the CIA’s own regulations state that requests “which do not •meet [the reasonable description] requirements will be considered an…”
Razzoli v. US Attorney (S.D.N.Y. 2021). · cites it 2× “” 32 C.F.R. § 1900.12 (a). Under the FOIA, an applicant must exhaust administrative remedies by completing the administrative appeal process before seeking judicial review.”
MacLeod v. United States Dep't of Homeland Sec. (D.D.C. 2017). “Specifically, the CIA’s regulations require requesters to “reasonably describe the records of interest[,]” 32 C.F.R. § 1900.12 (a), and a reasonable description of a record is one that is contains “a description of a document (record) by unique identification number or…”
Hucul v. United States Dep't of Health & Human Servs. (S.D. Cal. 2021). “ist in developing a more descriptive request was 25 appropriate and warranted in light of the fact that its own regulations state that requests 26 “which do not meet [the reasonable description] requirements will be considered an 27 expression of interest and the Agency will…”
Ercole v. Wilkie (S.D.N.Y. 2020). “” 32 C.F.R. § 1900.12 (a). “The plaintiff is considered to have failed to exhaust [his] administrative remedies, and the complaint must be dismissed” if the plaintiff failed to make a proper FOIA request pursuant to the agency’s regulations.”
Razzoli v. US Attorney (S.D.N.Y. 2021). “” 32 C.F.R. § 1900.12 (a). Moreover, an applicant must exhaust administrative remedies by completing the administrative appeal process before seeking judicial review under the FOIA.”
Torres v. U.S. Dep't of Just. (S.D.N.Y. 2023). “” 32 C.F.R. § 1900.12 (a). “The plaintiff is considered to have failed to exhaust [his] administrative remedies, and the complaint must be dismissed” if the plaintiff failed to make a proper FOIA request pursuant to the agency’s regulations.”
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