LETTER TO AGENCY DIRECTOR FROM EDWARD M. KENNEDY AND BELLA S. ABZUG

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000300100006-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 20, 2016
• Document Release Date: October 25, 2006
• Sequence Number: 6
• Publication Date: July 1, 1975
• Content Type: LETTER

1,:;E'COM MI Vr&i%
JAMES O. EAS LANn. MISS., C)IAIHMAN
A ~C9-oved ForlRe a 2QU71O3/08 CIA-RDP77M00144R0003001000~ `= ' "" "' '`DY, MA-v_ CFIAIRMAN
PHILIP A. /TART. MICH. HI'(Hl SCOTT, PA.
f:DWARD M. IC_NNiDY. MASK. STP+)M THIJRMOND, Sc.. 1HIJCH DAY". IND. I.IARLOW W. COOK, KY.
EL'EHTIN N. UURDICK, N. DAK. CHARLES ML C. t.IATHIAS, JR., ,An,
FIWIEP.Y C. 1'IYR0, W. VA. EDWARD J. G,UI'.NEY, FLA.
`II RCH iIAY H, iN:~.
q'JS:NTIFf N. L.'AK.
JCi-IN V. IUNNEY CALIF.
JCHN V. TIJ",KY. CALIF. 1 (.'
PETER IA. STDCKETr, ire. ~7 ; y~/' ':/ ~'3'S"I J !"~",~ r IY ~+Y'~'?'
CC)h1 ITi EE ON THE JUDICIARY
5USCOMMITTE# ON
Ar)MINI STRATIV_ PRACTICE: AND PROCEDURE
(PURSUANT TO 7. 5. RES. 54, 5MD CONGRESS)
WASHINGTON. D.C. 20510
July 1, 1975
Dear Agency Director:
As you know, the 1974 amendments to the Freedom of Information
Act require each agency to file with the Speaker o?f the douse
of Representatives and the President-of the Senate a report on
or before March 1 of each year covering specified. aspects of the
administration of the Act during the prior calendar year (S U.S
552(d)). In accordance with established procedures, these repo
will be referred to and considered by the Subcommittee on Adniin:
strative Practice and Procedure of the Senate Judiciary Commi.t:t(
and the Subcommittee on Government Information a ld Indi.vi-.dual
Rights of the House Committee on.Government Operations.
A model Report Form for providing the information is ellc losecl .
We request that you utilize chi s format insofar as pr, ctic ~l)"!.
so that the information furnished :ai.ll be un:i_form in style and
ll :Facilitate the monr1i.torin
compatible as to substance. This tivi.
and evaluation of agency efforts to comply S i t .t the prov1c>ion`~
of the Act, as contemplated by the reporting restUlTefflen .s. it
will also provide the Congress with data relevcnt to ihecon-
sideration of possible clarification or revision of tn.Iv Frce-
dam of 'Information Act in the future.
Your cooperation will be greatly appreciated.
Sincerely,
Edward M. Kexhnedy
IibJ.1.a. S. 16ML' Ig
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 F r)OM OF .L1i ~ 17 t i11 N ACrP
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)
. rIUAL REPOIt`' TDU`u l,i.^.R(;iJ 1., 191;'c: .PIL1 -SIJAi T TO 5 U.S.C. `>2 d-
..t ? J: i:-__ .r.
r; -I lo:ri ng in "orrna ,i_on with respect to the prior ca_lend a. r ye :?r :
S.ger as de f: ned in the Frc.c 2dom 0-F' `Cnfc, fmati or as
on or before March 1 of each yea:c the
Total number of initial determinations not to comply wit with
equest for records made under subsection 552(a).
Authority relied uoon for each such determination.
(a) Exemptions in 552(b):
Exempt on :i_nvoked Number of time.- invoked
by number)
(b) S Qatute s invoked. pursuant to Exemption No. 3:
Statutory citation Number of times invoked.
Other authority
(Specify by category or d.escri_be individually as
appropriate -- e . g. , failure adequately to identify
records, non-posse lion. of -records; refusal to
pay reasonable search or reproduction_ fees, etc. ).
Number of times i2`1VO}.c.d
Lis names and titles or positions of each person who is
responsible for the initial denial of records requested
and number of instances of participation of each:
Number of instances of
Earticz_pa on
Total number of intra-agency appeals from adverse initial
decisions made pursuant to subsection (a)(6):
(a) number' of appeals in upon review, request
(b)
for information was ,ranted in .full.
Dumber of appeals in :r ich, upon eviev;, request
for information was denied in .full.
Number of appe,'tls in ^_1.c-1, U Xon ev':i_ S'r request
.ac der:L. d .3r. p art.
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Specify authority relied upon for total or part.al denials
on appeal, using the same format as in 2(a), (b) and (c)
above.
List names and title or positions of each person on
appeal, is responsible for the denial in whole or in part
of records requested and the number of instances of par-
ticipation of each.
Number of Instances of
Name Title Participation.
Provide a copy of each court opinion or order giving
rise to a proceeding under subsection (a)(t)(w'); a copy
of the Civil Service Commission findings and recommendations
on each such proceeding; and a report of the disciplinary
action taken against the officer or employee who was
primarily responsible for improperly withholding records
or an explanation of why disciplinary action was not taken.
Provide an up-to-date copy of all rules or regulations
issued pursuant to or in implementation of the Freedom
of Information Act (5 U.S.C. 552). (Only amendments need,
be filed with reports for calendar years subsequent to
the report filed. for calendar year 1975).
Provide separately a copy of the fee schedule adopted and
the total dollar amount of fees collected for making records
available.
furnish as a r_ nimum the
l0 . Pursuant to subparagraph (d)(-' ),
following information as indicative of efforts to administer
fully this section.
A. Availability of Records. A list of all new categories
or segregable portions of records now being released.
upon request. (See e.g., Attorney General's Memorandum,
Feburary 1975, pp. 1,-16-22).
B. Costs. A statement of incremental costs incurred in
a inistering the 1971 amendments to the Act. (See
e.g., Attorney General's Memorandum, Feburar; 1975,
Tpp endix III--B, p. 13).
C. Comul:i.ance with time limitations for a ;e-n- detennin
a' ions . Subparagraph a. p A 1)rUVtG.E o e 1n-L U L l
.e e rm:i n:.ation to be made on any r eCiuostt O ^ records
1. -'C; 10 Wor"i- r'a day s i.'?.S j _ ; L o :i s` _. c i
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receipt. In case Oti E:,npe-al_ ~'~?o t all
`eii L _ tl
denia.l, a de t;nmnaaa.on onhe appea made by the age c'y' with n 20 YJOY''tC:l_1 g days ( flour
YI'el s) after 1 ece:i nt r th e ap -je ~,l. The amendrnen-
lg
Contain two provisions f orexte,-is _ion of Life i'Ore ;O _
t irae l rl.its . (1) an additional 10 days in three type
of unusual c:i_rcumstances, and (2) where authorized.
by a court. (See the detailed. discussion of these
provisions appearing I_- the Attorney General's
2-7).
Memorandum, Feburary 1075, Appendix III-D, rip.
(Z) Provide the total number of instances in which
it was necessary to seek a 10-day extension of
time, broken do?,:ri as folloY;s :
The need. to search fo and collect the
requested. records from field facilities
or Other establishments that are separate
from the office processing the request.
(b) The need. to search for, collect, and
appropriate, e. amine a voluminous amount
of separate and distinct records which
are demanded in a single request.
con "1 i2:LCi} shall be
The need. for ' - __~ultu.tl_Ji , 1+_
conducted. w-t all practicable speed., with
another age_-_cy having a su::~ >tar_a,ia1 interest
in the dete i:'_r_ination of the request or
of among two or more components oL the agency
having substantial subject--matter interest
therein.
(II) Provide the total number of instances where
f
er-
court appeals were taken on the basis o
haustion_, of administrative proceci.ures because
the agency was unable to comply with the request
within the applicable time limits.
(III) Provide the total number of instances i n which
a court allowed a ;.di ti oral time upon. a showing
of exceptional c; rcu_~nstances, together. with a
copy of each court" o pinion or order containing
~i
such an extension of _ time.
D. Internal Peraor?anda. a cop\ of all unpublished
3nter'na'l
proaed.u
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ad.r:'.nister inL the Act or defining it s coverage ~
to ,e tiler with a, statement indicating whether he
me orand.a or :i_nstruct ions- are publicly available
or, 7f not,, the legal basis for non-disclosure of
any such d.ocurnent .
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OFFICIAL ROUTING LI
TO
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INITIALS
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ACTION
APPROVAL
COMMENT
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DIRECT REPLY
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FILE
INFORMATION
PREPARE REPLY
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SIGNATURE
Remarks :
Pat:
This is the letter. I inquired about yesterday.
We f nd it among our "to be filed" material.
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO. DATE
6 Jan
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FONM NO. 9.17 Use previous editions
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