[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR1800.33]

[Page 385]
 
                        TITLE 32-NATIONAL DEFENSE
 
           CHAPTER XVIII--NATIONAL COUNTERINTELLIGENCE CENTER
 
PART 1800_PUBLIC ACCESS TO NACIC RECORDS UNDER THE FREEDOM OF INFORMATION 
ACT (FOIA)--Table of Contents
 
               Subpart D_Additional Administrative Matters
 
Sec. 1800.33  Allocation of resources; agreed extensions of time.

    (a) In general. NACIC components shall devote such personnel and 
other resources to the responsibilities imposed by the Freedom of 
Information Act as may be appropriate and reasonable considering:
    (1) The totality of resources available to the component,
    (2) The business demands imposed on the component by the Director of 
NACIC 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. Components shall exercise 
due diligence in their responsibilities under the FOIA and must allocate 
a reasonable level of resources to requests under the Act in a strictly 
``first-in, first-out'' basis and utilizing two or more processing 
queues to ensure that smaller as well as larger (i.e., project) cases 
receive equitable attention. The Information and Privacy Coordinator is 
responsible for management of the NACIC-wide program defined by this 
part and for establishing priorities for cases consistent with 
established law. The Director, NACIC shall provide policy and resource 
direction as necessary and render decisions on administrative appeals.
    (c) Requests for extension of time. When NACIC is unable to meet the 
statutory time requirements of the FOIA, it will inform the requester 
that the request cannot be processed within the statutory time limits, 
provide an opportunity for the requester to limit the scope of the 
request so that it can be processed within the statutory time limits, or 
arrange with the requester an agreed upon time frame for processing the 
request, or determine that exceptional circumstances mandate additional 
time in accordance with the definition of ``exceptional circumstances'' 
per section 552(a)(6)(C) of the Freedom of Information Act, as amended, 
effective October 2, 1997. In such instances NACIC will, however, inform 
a requester of his or her right to decline our request and proceed with 
an administrative appeal or judicial review as appropriate.