It's never easy getting information through the Freedom of Information Act (FOIA) from the Bush Administration. It's even harder to get information from the CIA. As if that process isn't already difficult enough, the CIA is proposing a new FOIA process that seems designed to discourage FOIA requests, particularly from the public interest community. CREW submitted comments to the CIA outlining our concerns, which are also outlined here:

The CIA is proposing to require all requesters to agree in writing to pay all applicable fees before the agency will even consider the request, and if the agreement is not submitted within a specified time the agency will consider the FOIA request closed. This is completely at odds with FOIA mandate that agencies waive fees for certain categories of requesters, including those seeking documents in the public interest and seems designed to discourage public interest requesters from even filing FOIA requests.

The CIA is proposing to require requesters to prepay fees before the agency will honor their request for form or format of documents (e.g. paper or cd). FOIA prohibits prepayment requirements except where fee exceeds $250 or requester has not paid in the past; again this seems designed to discourage requesters.

The CIA is proposing a new rate schedule for duplication costs that establishes flat rates depending on the number of pages copied. For requests over 1000 pages the flat rate is $1,000 (which at 1001 is almost $1/page). FOIA limits agency to charging only for its direct costs so this seems like an excessive charge.

The CIA is proposing to charge flat rate of $100 per compact disc for electronic duplication. Again, this seems far in excess of agency's actual cost and seems designed to discourage requesters from seeking documents in other than paper format.

The CIA is proposing to add new requirements for public interest fee waivers that seem designed to narrow the scope of who is entitled to a fee waiver because the information they are seeking is in the public interest. This will particularly impact organizations like CREW.

The cumulative effect of these proposed changes will have a debilitating effect on our our ability to get information that the public is entitled to have.