ATTACHMENT A - - PAGE 1 - - FREEDOM OF INFORMATION ACT PRIOR TO 1974 AMENDMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01495R000800020003-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 12, 2016
• Document Release Date: October 4, 2000
• Sequence Number: 3
• Publication Date: November 21, 1974
• Content Type: REGULATION

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ATTACHMENT A -- Page 1 -- Freedom of Information Act Prior
to 1974 Amendments
?Page 187
TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES 1552
?552. Public information; agency rules, opinions,
orders, records, and proceedings.
(a) Each agency shall make available to the pub-
lic information as follows:
(1) Each agency shall separately state and cur-
rently publish in the Federal Register for the guid-
ance of the public?
(A) descriptions of its central and field organi-
zation 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
cc
"pstg. nr obtain decisions;
ren,
(B) statements of the general course and meth-
od by which its functions are channeled and de-
termined, including the nature and requirements
of all formal and informal procedures available;
(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 authorized by law, and statements of
general policy or interpretations of general appli-
cability 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 ad-
versely 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 affected thereby
Is deemed published in the Federal Register when
incorporated by reference therein with the'approval
of the Director of the Federal Register.
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ATTACHMENT A -- Page 2 -- Freedom of Information Act Prior
to 1974 Amendments
(2) Each agency, in accordance with published
rules, shall make available for public inspection
and copying?
(A) final opinions, including concurring and
dissenting opinions, as well as orders, made in the
adjudication of cases;
(B) those statements of policy and interpreta-
tions which have been adopted by the agency and
are not published in the Federal Register; and
(C) administrative staff manuals and instruc-
tions 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 invasion of personal
privacy, an agency may delete identifying details
when it makes available or publishes an opinion,
statement of policy, interpretation, or staff manual
or instruction. However, in each case the justifica-
tion for the deletion shall be explained fully in writ-
ing. Each agency also shall maintain and make
available for public inspection and copying a current
Index providing identifying information for the tub-
lie as to any matter issued, adopted, or promulgated
after July 4, 1967, and required by this paragraph
to be made available or published. A final order,
opinion, statement of policy, interpretation, 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 xviali-
able or published as provided by this paragraph;
or
(11) the party has actual arid timely notice of
the terms thereof.
(3) Except with respect to the records made
available under paragraphs (1) and (2) of this sub-
section. each agency, on request f46r identifiable
records made in accordance with published rules
stating the time, place, fees to the extent authorized
by statute, and procedure 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 jurisdiction to en-
join the agency from withholding agency records
and to order the production of any agency records
improperly withheld from the complaint. 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 uni-
formed 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 hear-
ing 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 inspec-
tion a record of the final votes of each member in
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(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 de-
fense 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) inter-agency or intra-agency memoran-
dums or letters which would not be available by
law to a party other than an agency in litigation
with the ager.cy;
(6) personnel and medical files and similar files
the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy;
(7) investigatory files compiled for law enforce-
ment purposes except to the extent available by
law to a party other than an agency;
(8) contained In or related to examination, op-
erating, or condition reports prepared by, on be-
half of, or for the use of an agency responsible
for the regulation or supervision of financial in-
stitutions; or
(9) geological and geophysical information and
data, including maps, concerning wells.
(c) This section does not authorize withholding of
information or limit the avaihibility ur records to
the public, except as specifically stated in this sec-
tion. This section is not authority to withhold infor-
mation from Congress. (Pub. L. 89-554, Sept. 6, 1966,
80 Stat. 383; Pub. L. 90-23, 1, June 5,1a67, 81 Stat.
54.)
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ATTACHMENT B -- 1974 Amendments to the Freedom of
Information Act
Public Law 93-502
93rd Congress, 1-1. R. 12471
November 21, 1974
21n act
To amend section 552 of title 5, United States Code, known as the Freedom of
Information Act.
Be t enaeted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the fourth
sentence of section 552(a) (2) of title 5 United States Code, is amended
to read as follows: "./;.:a.ch agency shah also maintain and make avail-
able for public inspection and copying current indexes providing
identifying information for the public As to any matter issued, adopted,
or promulgated after July 4, 19]7, and required by this paragraph to
be made available or published. Each agency shall promptly publish,
quarterly or more frequently, ancl distribute (by sale or otherwise)
copies of each index or supplements thereto unless it determines by
order published in the Federal Register that, the publication would
be unnecessary and impracticable. in which case' the agency shall none-
theless provide copies of such index on request at a cost not to exceed
the direct cost of duplication.".
(b) (1) Section 532(a) (3) of title 5, United States Code, is amended
to read as follows:
"(3) Except with respect to the records made available under para-
graphs (1) and (2) of this subsection, each agency, upon any request
for records which (A) reasonably describes such records and (B)
is made in accordance with published rules stating the time, place,
fees (if any), and procedures to be followed, shall make the records
ro.noo available. to any nerson ".
(z) ,-;cciton "isii-(a) of title a, United States code, is amended by
redesignating paragraph (4), and all references thereto, as paragraph
(5) and by inserting immediately after paragraph (3) the following
new paragraph:
0(1) (A) in order to carry out the provisions of this section, each
agency shall promulgate regulations, pursuant to notice and receipt
of public, comment, specifying a uniform schedule of fees applicable
to all constituent units of such agency. Such fees shall be limited to
reasonable. standard charges for focument search and duplication and
provide for recovery of only the direct costs of such search and dupli-
cation. Documents shall be furnished without charge or at a reduced
charge where the agency determines that waiver .or reduction of the
fee is in the public interest because furnishing the. information can
be considered as primarily benefiting the general public.
"(B) 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, or in the
District of Columbia. has jurisdiction to enjoin the agency from with-
holding 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 do novo, and may examine the
contents of such agency records in camera to determine whether such
records or any part thereof shall be withheld tinder any of the exemp-
tions set forth in subsection (b) of this section, and the burden is on
the agency to sustain its action.
"(0) Notwithstanding any other provision of law, the defendant
shall servo an answer or otherwise plead to any complaint, made
under this subsection within thirty days after service upon the
defendant of the pleading in which such complaint is made, unless the
court otherwise directs for good cause shown.
Public inf
or-
mat
Indexes, publi-
cation arid
distribution.
Publication in
Federal Register.
Records, avail-
ability to
publio.
Document
search and
duplication
fees, regula-
tions.
88 STAT, 1561
88 STAT. 1562
Withheld agency
records, court
examination.
Complaints,
response by
defendant.
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Attorney foes
and c osts .
CSC proce eding
against off leer
or employe e.
Nonoompl lance,
penalty.
Administrat Ice
deadlines.
a STAT. 1562
68 STAT. 15 53
"Unusual sir-
oumstano e s."
Pub. Law 93-502
2 - November 21, 1974
"(I)) Except as to cases the court considers of greater importance,
proceedings before the district court, as authorized- by this subsection,
and appeals therefrom. take precedence on the docket over all cases
and shall be assigned for 'hearing find trial or for argument at the
earliest practicable date and expedited in every way.
."(E) The court may assess against the 'United States reasonable
attorney fees and Other litigation costs reasonably incurred in any
case under this section in which the complainant has substantially
prevailed. .
(F) Whenever the court orders the production of any agency
records: improperly withheld from the complainant and assesses
against, the United States reasonable attorney fees and other litigation
costs, and the court additionally issues a written finding that the cir-
cumstances surrounding the withholding raise questions whether
agency personnel acted arbitrarily or capriciously with respect to the
withholding, the Civil Service Commission shall promptly initiate a
proceeding to determine whether disciplinary action is warranted
against the officer or employee who was primarily responsible for the
withholding. The .Commission, after investigation and consideration
of the evidence submitted, shall submit its findings and recommenda-
tions to the administrative authority of the agency concerned and
shall send copies of the findings and recommendations to the officer
or employee or his representative. The administrative authority shall
take the corrective action that the Commission recommends.
"(G ) In the event of noncompliance with the order of the court,
the district court may punish for eontempt the responsible employee,
and in the case of a uniformed service, the responsible member.".
(c) Section 5.52(a) of title United States Code., is amended by
adding at. time
1,11() thereof the rnlInwin:, luvprri arm)) ?
"(0) (A) Each ag'011(7y, upon any request fo iecoils made Yilitir.L
paragraph (lb. ( 2). or (3 ) of this subsection. shall?
"( i) determine within ten days (excepting Satur(iays, Sundays,
and legal public holidays) after the receipt. of any such request
: whether to comply with such request and shall imniediately notify
the person making such request of such determination and the
reasons there.for, and of the right of such person to appeal to the
head of the agency any adverse determination; and
"(ii) make a determination with respect to any appeal within
twenty days (excepting Saturdays. Sundays, and legal public
holidays) after the receipt. of such appeal. If on appeal the denial
of the request for records is in whole or in part upheld, the agency
shall notify the person making such request of the provisions
for judicial review of that. determination under paragraph (4)
of this subsection,
- "(13) In unusual circumstances as specified in this subparagraph,
the time limits prescribed in either clause (1) or clause (ii) or: sub-
paragraph (A) may be extended by written notice to the person
making such request setting forth the reasons for such extension and
the date on which a determination is expected to be dispatched. No such
notice shall specify a date that would result in an extension for more
than ten working days. As used in this subparagraph, 'unusual cir-
cumstances' means. but. only to the extent reasonably necessary to
the proper processing of the particular request?
i) the need to search for am! collect- the requested records from
field facilities or other establishments that are separate from the
office processing time request.;
) the need to search for, collect, and appropriately examine
a voluminous amonnt of separate and distinct records which are
demanded in a single request.; or
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November Z1, 1974 - 3 -
Pub,, Law 93-502
"(iii) need for consultation, which shall be conducted with.
,all practicable speed, with another agency having a stibstantial
interest. ii the determination of the. request or among two Or more
components of the agency having substantial sttliject-mattet-
itatTest therein.
"(C) Any person making a request to any agency for records tinder
paragraph (1), 12), or (3) of this subsection shall be deemed to have
exhausted. his administrative remedies with respect to such requ.est
if the agency fails to complY with the applicable time limit piamisions
of this paragraph. If the 0-overnment can show exceptional circum-
stanees exist and that the agency is exercising due thligew7e Iii
responding to the request. the court may retain jurisdiction and allow
the ageney additional time to complete its review of the records. Upon
any ctermination by an agency to comply- with a request for records,
the records shall be made promptly available to such person making
such request. Any notification of denial of any request for records
melee this subseetion shall set forth the names ;trul titles or positions
of each person responsible for the denial of such request.-.
SEC. 2. (a) Sectimi 552(b) (1) of title 5, United States Code, is
amended to read as follows:
"(1)(A) specifically authorized under criteria established by
an Executive order to be kept secret in the interest of national
defense or foreign policy and (B) are in fact properly classified
pursuant to such Executive order;".
(b) Section 552( b) (7) of title 5, United States Code. is amended
to read as follows:
"(7) investigatory records compiled for la x enforcement pur-
poses. hot only to the extent that the production of such records
would I A) interfere with enforcement proceedings. (It) deprive;
a person of .a right. to a fair trial or au impartial adjudication,
(C) constitute an unwarranted invasion of personal privacy. (I))
disclose the identity of a confideniial source all']. in CLIC t7ZUM:
a record compiled I w a criminal hi my enforcement authority in the
course of a criminal investigation, or by an agency condurting ;t
lawful national security iittelligence inveStigation. confidential
information farnishH1 only by the confidential source. ( E) dis-
close investiv:atice techniques and procedures. or tf,') endanger
the life or physical safety of law enforcement personnel
(c) Section 55:.? (b) of title 5. United States Code, is amended by
adding at the end the following: "Any reasonably segregable. portion
of a record shall be provided to any person. requesting such record
after deletion of the portions which are-exempt under this subsection.".
SEA% 3. section 55:2 of title 5. United States Code, is amended by
adding at the end thereof the following new subsections:
"(d) On or before March 1 of each calendar year, each agency shall
submit a report coveting the preceding calendar year to the Speaker
of the IIouse of Representatives and President of the Senate for
referral to the appropriate committees of the Congress. The report
shall incl tide?
"(1) the number of determinations made hy such agency not
to comply with requests for records made to such agency under
subsection (a) and the reasons for each such determination:
"(2) the number of appeals made by persons under sailisection
(a) ((I). the result of such appeals, and the reason for the action
upon each appeal that results in a denial of information:
0(3) the ninnies and titles or positions of each Person respon-
sible for the denial of records requested under this section, awl
the number of instances of participation for each:
Time extension
for agency
review.
National defense
and forei6n poli-
cy, e7