ANALYSIS OF MOORHEAD BILL TO PROVIDE FOR CLASSIFICATION AND DECLASSIFICATION OF DEFENSE INFORMATION (H.R. 12004)*

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700230062-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 20, 2016
• Document Release Date: December 14, 2006
• Sequence Number: 62
• Publication Date: January 16, 1974
• Content Type: REPORT

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5 ? 552 THE AGENCIES GENERALLY Ch. 5
? 552.. Public information; agency rules, opinions, orders,
records, and proceedings
(a) Each agency shall make available to the public information
as follows :
(1) Each agency shall separately state and currently publish in
the Federal Register for the guidance of the public-
(A) descriptions of its central and field organization and the
established places at which, the employees (and in the case of
a uniformed service, the members) from whom, and the methods
whereby, the public may obtain information, make submittals
or requests, or obtain decisions;
(B) statements of the general course and method by which its
functions are channeled and determined, including the nature
and requirements of all formal and informal procedures avail-
able ;
(C) rules of procedure, descriptions of forms available or the
places at which forms may be obtained, and instructions as to the
scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as au-
thorized by law, and statements of general policy or interpreta-
tions of general applicability formulated and adopted by the
agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the
terms thereof, a person may not in, any manner be required to resort
to, or be adversely affected by, a matter required to be published in
the Federal Register and not so published. For the purpose of this
paragraph, matter reasonably available to the class of persons affect-
ed thereby is deemed published in the Federal Register when incor-
porated by reference therein with the approval of the Director of
the Federal Register.
(2) Each agency, in accordance with published rules, shall make
available for public inspection and copying
(A) final opinions, including concurring and dissenting opin-
ions, as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which have
been adopted by the agency and are not published in the Federal
Register; and
(C) administrative staff manuals and instructions to staff
that affect a member of the public;
unless the materials are promptly published and copies offered for
sale. To the extent required to prevent a clearly unwarranted in-
vasion of personal privacy,an agency may delete identifying details
when it makes available or publishes an opinion, statement of policy,
interpret,
the justit
Each agc
spection
tion for
after Jul.'
able or pi
pretation:
public mt
against a
(i)
as pi
(ii
of.
(3) Ex
graphs (
identifial
the time,
dure to b
person.
district i
of busine
tion to e
order the
the comp
de nova
the even
court ma
case of z
causes tl
the distr
on the d(
and trial
(4) E,
and mak
of each r
 Approved
Ch. 5
rules, opinions, orders,
.nd currently publish in
.ublic-
,eld organization and the
lees (and in the case of
whom, and the methods
nation, make submittals
':and method by which its
id, including the nature
ormal procedures avail-
)f forms available or the
.nd instructions as to the
ts, or examinations;
licability adopted as au-
~ral policy or interpreta-
ted and adopted by the
seat of the foregoing.
I and timely notice of the
ner be required to resort
wired to be published in
For the purpose of this
e class of persons affect-
ral Register when incor-
roval of the Director of
ping and dissenting opin-
Ldication of cases;
terpretations which have
1published in the Federal
and copies offered for
clearly unwarranted in-
Mete identifying details
).ion, statement of policy.,
For Release 2007/04/02 : CIA-RDP76M00527R00070023096 52
Ch; 5 ADMEN STIRATIVE PROCEDURE
interpretation, or staff manual or instruction. However, in each case
the justification for the deletion shall be explained fully in writing.
Each agency also shall maintain and make available for public in-
spection and copying a current index providing identifying informa-
tion for the public as to any matter issued, adopted, or promulgated
after July 4, 1967, and required by this paragraph to he made avail-
able or published. A final order, opinion, statement of policy, inter-
pretation, or staff manual or instruction that affects a member of the
public may be relied on, used, or cited as precedent by an agency
against a party other than an agency only if-
(i) it has been indexed and either made available or published
as provided by this paragraph; or
(ii) the party has actual and timely notice of the terms there-
of.
(3) Except with respect to the records made available under para-
graphs (1) and (2) of this subsection, each agency, on request for
identifiable records made in accordance with published rules stating
the time, place, fees to the extent authorized by statute, and proce-
dure to be followed, shall make the records promptly available to any
person. On complaint, the district court of the United States in the
district in Which the complainant resides, or has his principal place
of business, or in which the agency records are situated, has jurisdic-
tion to enjoin the agency from withholding agency records and to
order the production of any agency records improperly withheld from
the complainant. In such a case the court shall determine the matter
de novo and the burden is on the agency to sustain its action. In
the event of noncompliance with the order of the court, the district
court may punish for contempt the responsible employee, and in the
case of a uniformed service, the responsible member. Except as to
causes the court considers of greater importance, proceedings before
the district court, as authorized by this paragraph, take precedence
on the docket over all other causes and shall be assigned for hearing
and trial at the earliest practicable date and expedited in every way.
(4) Each agency having more than one member shall maintain
and make available for public inspection a record of the final votes
of each member in every agency proceeding.
(b) This section does not apply to matters that are-
(1) specifically required by Executive order to be kept secret
in the interest of the national defense or foreign policy;
(2) related solely to the internal personnel rules and practices
of an agency;
(3) specifically exempted from disclosure by statute;
(4) trade secrets and commercial or financial information
obtained from a person and privileged or confidential;
 5 ? 552. THE AGENCIES GENERALLY
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? (5) inter-agency or intra-agency memorandums or letters
which would not be available by law to a party other than an
agency in litigation with the agency;
(6) personnel and medical files and similar files the disclosure
of which would constitute a clearly unwarranted invasion of per-
sonal privacy;
(7) investigatory files compiled for law enforcement purposes
except to the extent available by law to a party other than an
agency;
(8) contained in or related to examination, operating, or con-
dition reports prepared by, on behalf of, or for the use of an
agency responsible fdr the regulation or supervision of financial
institutions; or
(9) geological and geophysical information and data, includ-
ing maps, concerning wells.
(c) This section does not authorize withholding of information
or limit the availability of records to the public, except as specifi-
cally stated in this section. This section is not authority to withhold
information from Congress. Pub.L. 89-554, Sept. 6, 1966, 80 Stat.
383; Pub.L. 90-23, ? 1, June 5, 1967, 81 Stat. 54.
Historical and Revision Notes
Reviser's Notes
Derivation: United States Code
5 U.S.C. 1002
In subsection (b) (3), the words "for-
mulated and" are omitted as surplusage.
in the last sentence of subsection (b),
the words "in any manner" are omitted
as surplusage since the prohibition is all
inclusive.
Standard changes are made to conform
with the definitions applicable and the
style of this title as outlined in the pref-
ace to the report
1907 Amendment. Subsec. (a). Pub.L,
00-23 substituted the Introductory state-
ment requiring every agency to make
available to the public certain information
for former Introductory provision except.
Ing from disclosure (1) any function of
the United States requiring secrecy In the
public interest or (2) any matter relating
to internal management of an agency,
now covered in subset. (b) (1) and (2)
of this section.
Subsec. (a) (1). Pub.L. 90-23 incorpo-
rated provisions of: former subset. (b)
(1) in (A), Inserting requirement of pub-
lication of names of officers as sources of
information and provision for public to
obtain decisions, and deleting publication
58..
Revised Statutes and Statutes at Large
Juno 11, 1910, ch. 324, B 3, 00 Stat. 239.
requirement for delegations by the agen-
cy of final authority; former subset. (b)
(2), introductory part, in (B) ; former
subset. (b) (2), concluding part, in (C),
inserting publication requirement for
rules of procedure and descriptions of
forms available or the places at which
forms may be obtained; former subset.
(b) (3), Introductory part, in (D), in-
serting requirement of general applica-
bility of substantive rules and Interpreta-
tions, added clause (E), substituted ex-
emption of any person from failure to
resort to any matter or from being ad-
versely affected by any matter required
to be published In the Federal Register
but not so published for former subset.
(b) (3), concluding part, excepting from
publication rules addressed to and served
upon named persons In accordance with
laws and final sentence reading "A person
may not be required to resort to or-
ganization or procedure not so pub-
lished" and added provision deeming
matter, which is reasonably available, as
published In the Federal Register when
such matter Is incorporated by reference
in the Federal Register with the approv-
al of its Director.
Satasee. (a) (2).. P
rated' previsions of
provided for public
eliminated requireme,
tinn of final opinion!
thority for secrecy
opinions and orders
caste to be held c.
cited as precedents, 1
ful-4rhuded by subset.
designated eaisiing s
(A), including thereat
ability of concurring
added provision
1?oiicy statements any
clause (B) and star
Ftreetions in clause (
sonal identifications f
,,et personal privacy
tification therefor, a.-.
dosing and prohibiter
not iodoaed against
without actual and t
terms thereof.
Subset. (a) (3). P.
rated provisions of
and substituted prcvis
tillable agency record
able to any person
compliance with rules
and procedure for :1:
merit of fees and pr.
district court proceo
enforcement by conte
ante with court's orth
on the agency and do
such proceedings for
Federal Register Ac
tments.
Section applicable to
of 1949, see section 10.
Generally 3
Actual notico 4
Availability of offieL
13
Confidential iuformatto
Construction I
Courses, methods, proc
particular acts of I't
I)eecrilriion of organ
acts of publication 9
Internal managornen
requiring publication
)lattcrs nt,t requiringc
Internal mana em,?
Secrets 6
(),tidal agency rcrnrc:i
UPinions and orders I
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ndums or letters
arty other than an
riles the disclosure
ad invasion of per-
arcenlent purposes
:rty other than an
operating, or con-
for the use of an
vision of financial
ig of information
except as specifi-
hority to withhold
6, 1966, 80 Stat.
Id Statutes at Large
ii, 1 3, (10 Stat. 233.
ations by the agen-
r;i, former subsec. (b)
trt, in (B) ; former
eluding part, in (C),
kn requirement for
and descriptions of
the places at which
hued; former subsec.
y part, in (D), in-
of general applica-
rules and irterpreta.
(E), substituted ex-
'son from failure to
r or from being ad-
any matter required
the Federal Register
d for former subsec.
,part, excepting from
Tressed to and served
in accordance with
we reading "A person
ed to resort to or-
edure not so pub-
provision deeming
conably available, as
deral Register when
porated bi- reference
ter with the approv-
ADMINISTRATIVE PROCEDURE, 5 ?' 552
Subsec. (a) (2). Puh.L. 90-23 incorpo- requiring matters of official record to be
rated provisions of former subsea (c), made available to persons properly and
provided for public copying of records, directly concerned except information held
eliminated requirement of agency publics- confidential for good cause shown, the
tion of final opinions or orders and au- latter provision now superseded by sub-
thority for secrecy and withholding of -sec. (b) of this section.
opinions and orders required for good
cause to be held confidential and not
cited as precedents, latter provision now
Subsec. (a) (4). Pub.L. 90-23 added
subsec, (a) (4).
ec;.erseded by subsec. (b) of this section, Subsec. (b). Pub.L. 90-23 added sub-
designated existing subsec. (c) as clause see. (b) which superseded provisions ex-
i.t1, including therein provision for avail- cepting from disclosure any function of
ability of concurring and dissenting opin- the United States requiring secrecy in
ions, added provisions for availability of the public interest or any matter relating
policy statements and interpretations in to internal management of an agency,
c:anse (13) and staff manuals and in- formerly contained In former subsec. (a),
structions is clause (C), deletion of per- final opinions or orders required for
so:.al identifications from records to pro- good cause to be held confidential and
tect personal privacy with written jus- not cited as precedents, formerly con-
tificntion therefor, and provision for in- tained In subsec. (c), and Information
Sexing and prohibition of use of records held confidential for good cause found,
not indexed against any private party contained in former subsec. (d) of this
without actual and timely notice of the section.
terms thereof.
Sabtee; (a) (3). Pub '.L. 00-23 incorpo-
rated provisions of former subsec. (d)
and substituted provisions requiring Iden-
tifiable agency records to be made avail-
able to any person upon request and
compliance with rules as to time, place,
and procedure for inspection, and pay-
ment of fees and provisions for federal
Subsec. (c). Pub.L. 90-23 added subsec.
(c).
Effective Date of 1967 Amendment.
Section 4 of Pub.L. 90-23 provided that:
"This Act [amending this section] shall
be effective July 4, 1907, or on the date
of enactment [June 5, 19071, whichever
is later."
district court proceedings do novo for Legislative History. For legislative
enforcement by contempt of ndncompli- history and purpose of Pub.L. 90-23, see
ance with court's orders with the burden 1967 U.S. Code Cong. and Adni. News, p.
on the agency and docket precedence for .
such proceedings for former provisions
Federal Register Act, see section 301 et seq. of Title 44, Public Printing and Doc-
aments.
Section applicable to functions exercised under International Wheat Agreement Act
of 1949, see section 1642(i) of Title 7, Agriculture.
Generally 3
Actual notice 4
- -
Availability of official agency records
Conildentiai information 13
Construction 1
Courses, methods, procedures, and forms,
particular acts of p'=blicatlon 10
l eecription of organization, particular
a t of publication fl
internal management, matters not
rrc;,ii.ring publication 7
atiers not requiring publication
Ieternal mmnairenaent 7
Secrets 0 -
6:`:..i:;l ageuey rrr,ords 13 -
Particular acts of publication 8-11
Courses, methods, procedures,
forms 10
Description of organization 9
Substantive rules and interpretations
11
Purposo 2
Secrets, matters not requiring publication
0
Substantive rules and interpretations.
particular acts of publication 11
Library references
Administrative Law and Procedure
C'=40S, P04.
 5 ? 5.52 THE A