Has” . nt nN Hemorand um to ALL i Re: ~ . \ Etates Code, Sect February 19, 1975. incorporate the recent amendments. As you agencies to furn request subject the withholding situations, “3 ot ot o x © th fe oe) ‘ recently amended the will recall, the Teg Ret eeapngtre ne ak Typed March 1975) . @ PURGOUAL ATTENTION . . i mnecial Agents in Charge: H i > PULLIC LAV 93-502 ‘ @WONDMONYS TO i? PREEDOM CE TIEFCRMATION ‘ CT (SOIA), VIVTLE 5, UNITED STATIS CODE SecTrroy 552 - ; ! i : i FOIR, Title 5, United ‘ 352 and these amencments became effective Attached are two copics of the FOTA which POIA requires Governnent 1 records and ceacuments to the public upen several exceptions or exemptions which allow records and documencs in certein specified effect of the recent amendments is.to: (1) Reduce the timé available to an agency for responding to an FOTA request to ten working days, or in certain specificd situations 20 working Gays. ” {2} Provide for in camera court review of any cla esi fied Gocunents withheld under exesption (b) (1) to ascertain if the classification is proper. This, of course, would occur only if a suit is filed by the requester appealing from a denial» of documents withheld under this exemption. (3) provided for the w for law now allows specific instances The OTA Unit of ; rizla offic et forth Fo and Regulation viet letter ent to the re te ye le} fa fo x mW Na Do “K i Ons 208 zo se > “ - Each Assistant ~ Mrs. Smith JRD:ms (17) al od Bie pus —BacdId i 32989532 enforcement purposes. withnolading of ve) vee ©) ”) wt ft {3 fa) ee es fa ® i Ky a Su ci Narrow the exemption ‘{b) (7), which previcusly ithholding of investigatory files compiled The amended axenntion (b) (7} “investigatory records" in six or circumstances. counsel Division, Legislative Matters Section, s handling the implementation of this continue to Follow procniures proaviously nq of FOIA requests, in Manual of Rules bt IE, Section 8D, padqe Loc. That is, a eaging the reecitt of a request shoule bs rand he should be advised the request is “pete OC Le OT aad ae ~ Director Page 559 oe ae 7
emorandum to All Special Agents in Charge Re: Public Law 93-502 being forwarded to FBI HQ for consideration. The request My 54999 Boold: 32989522 _ Page 560 _ should then be transmitted by airtel to FBI HQ, Attention: Zegal Counsel Division, Legislative Matters Section, on an exvedite basis. The airtel transmitting the letter should provide,va summary of any background data available on the subject.matter of the request. In the event telephonic or personal’ inquiries are received concerning the procedures for making requests under the Act, the requester should be advised co direct a written request to the Director, FBI, Washington, BD. C. 20530. The envelope and letter should be marked "Freedom of Information Act Request," or similar wording. The time period for response to an FOIA request will not begin to run until the requést is received at FBI HQ. The orincipal effect of the extensive amendment to the investigatory files exemption, Section 552 (b) (7), is to allow the withholding of records from our investigatory files only in six specified circumstances which are set out in the Act. We anticipate that in handling these requests we will rely heavily on subsection (b) (7) (D) which allows with- holding of information furnished by an individual who is a “confidential source." The term "confidential source" has been interpreted in the legislative history of the Act and through analysis of the Act by the Department of Justice, as covering not only informants but any citizen.who furnishes information to an agency with the express assurance of con- fidentiality or under circumstances where such an assurance could reasonably be inferred. Efforts will be made during initial and follow-up in-service training of Field Office Legal Counsel, to cover in detail the provisions of the Act. Any inquiries concerning other problems arising under the Act should be directed to the Legislative Matters Section, Legal Counsel Division, FBI HQ. Additional guidelines and interpretations concerning the Act, resulting from expected court decisions and experience gained in aoplying its different provisions, will be furnished you From time to time where necessary. aye Clarence M. Kelley Director > Enclosures (2)
t ecords, and proceedings» @ case of a uniformed, service,.the - ers} front, + » OF oles ain decisions; availa A _tenrs of all papers, reports, or: examinations; al policy ; formulated and. adopted by the agency, and 2 required to resort to; ‘orbe adversely atfected né not so puolished. For the purpose of this fal Register ' when see ce by, reference there- ir. antin tion of ‘cases; ‘ ve » been 2 n the Federal-Register; and °°” nat affect a member of the- public: ranted invasion of' personal privacy, an idantifying’ details when ibm Akes - blishes an-opinion, statement of policy, | NW. 54999 Docld:32989592 Page 561) Pr ablic informati on; agency rules, ° opinions, orders, J taintain and make, available. for publi all make: available to the > public. oe aces at which, the em- a shom, and the methods whereby, the may obgain information, make ° submittals. ce) ree “> public: iaiements of the-gen eral course. and method a $s functions. are. ©, channeled. and deteimined, 7 é ‘all formal : " : “Velied on; “uséd;-or- cited’ as. ‘precedent’ “by an nles~ of procedure, descriptions . of: ‘forms: ce ve ble or-the places -at. which forms may. be.obs..) tained, and instructions. as to the scope and con- substantive: rules of general applicability aacored as authorized by law; and statements of | or interpretations of: genetal- applica-. ) each’ amendment, ° ‘revision, ‘or "repeal of thes. t-that a der SON, has. actual: and timely’. the reof, a “person may not in any: 2 mater required to be published’ in’ the Federal ” } Each agen ey; in 1 accordance with published tulés, Le ‘the difect. costs of. such Search, and, duplication. .- Shall make ee ilab| le for public. inspection. and. copying~ .. . nions,- ‘including concurring and dis- ay opinions, as. well. as orders, made in the . ee those statements of policy and: interpretations. 3 adopted by the agency and are not." dninisirative staff manuals and instraétions “: rials are promp tly published and copies . To'the extent required to” prevent a a matter de-novo, a itt erpretation, or e. manual or insisuccion. However,’,- istification for the deletion shall be “Bach. agency shall also © inspection and copying current indexes “providing identitsing informa- tion for the public as to any matter issued, adopted; or... in.each ca ASE the ju explained’ fully iti writing, , promulgated . after July 4, 1967, and required by this. paragraph to. be made. ‘available or published. . Each ° agence shail promptly publish, quarterly or more fre. oeenty, ang distribite (by ‘sale or otherwise) copies of: each index or supplements thereto unless etermings = » by order published inthe Federal “Regist er that the «- ron would be unnecessary. and impracticable, in. j which. case the agency , shall. mlonétheless, provide “copies of ‘Such index ‘on request at a.cost not to exceed the. direct cost of’ duplication. . _ Statement. of. policy, interpretation, Ot staff manual OF. instruction ‘that affects a member ot the public. : may be agency.» against a party- other’ than an‘ agericy 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 thereof. ; ae o (3): Except with ‘respect ‘to the records made avail-. “able -under ‘paragraphs’ (1) and. (2) of this subsection, .° “each - ‘agency, upon any request for tecords, which fA) reasonably” describes. such records: and (By is made in’:. : _ accordance with- -published tules, stating thetime, place, fees: Gf any), and’ procedures to be followed, shall make " , ‘the records rol mptly’ available to: any person.” . (4): (A): ‘In, order, to: arty “out ‘the: provisions of this ° .. section, éach agency. shall promulgate - regulations, 4 paragréph, matter reasonably available to the.class of . - pursuant to notice. and receipt of -public- comment, - perso ons affected thereby is deemed published nae. specifying a uniform schedule: of fees applicable to all: constituent units of such. agency:.: Such fees shall be . - * limited to- teasonable* ‘standard charges. for: document " search. and ‘duplication. ‘and provide, for recovery ‘of only: Docu- -ments shall be. furnished without charge or.at'a reduced - “joharge, where the agency determines. ‘that. waiver or res... ‘duction’ of: ‘the: fee is: in the “public: interest because’ -:fumishing the information can be considered. as primar, tly. benefiting the general public. : States in the: district in which: the complainant resides, + ’ holdin any agency records improperly withh 12ld from ‘the’ coi In such & case the: court shall determine the and may examine the contents of such A: final order, opinion,...- ° . -.(B) ‘On ‘complaint, the “distr ict ‘court ‘or the United. - 7 - Or “has his. Principal. place of business, or in vihich the a agency tecords are’ situated,”or if the District of Com ue - lumbia, has jurisdiction to enjoin the agency from with-. 72 “agency” Fecords and to-order the production of ae!
1¢ whether such ithkheld under uy stunding any other provision of law, the yplaint is made, unless the court ocd cause shown. and oppea als daoket over all ases and shal OUrL May. assess again atiorney fees-and other. litigation costs red in anv. case under this. section in thas substantially prevailed, ourt orders the production of any vopetle withheld from the complain- . the Ur nited § ates with respect’ to the: withholding,. iimisSion: shall promptly initiate a proceed- ine whether disciplinary. action. is Wate ple for the withholding. The Commission, shalt submit its findings. and recommenda- administrative authority of the agency con- shall send copies of the findings and. rec- ommendations to the officer or employee or -his. repre- The administrative authority shall take the iv e action that the Commission recommends. . (G) in the event, of noncompliance with the, order of mt , the responsible member. make available for ‘final votes of each member in cy, upON any request for records within ten days (excepting Satur- S, and legal publie holidays) after the NW 54999 Docld:32989592 Page 562 ye an answer or otherwise plead to” de under this subsection within thirty’ ' upon the defendant of the pleading’ 3 the court considers of greater , as theretrom, ye ist the Unite sd States — reasonahis - agency “personnel - acted: arbitrarily or capti- the Civil’ i the officer or employee who was primar- ration and considetation.of the evidence. Baca agency having more than’ one 2-member shail j public: inspection a! every ney ph (1) ©), or (3) of this subsection, . ay Such request whether. to comply with - set forth in subsection (b} of this | ihe Durden is on the agency fo sustain its ’ circumsta _ records under paragraph (1),. (2); or :(3)°of this sub-. “ . ne cou EEE, T the district court.may punish for contempt’ the Ba: ible emplovee, and in the case of a uniformed’. Ww ' subparagraph, clause G) or clause. (ii}. of subparagraph (A) may be =, _ by written notice to the person makiaz such a ‘be dispatched, provisions of this paragraph. tequest, the records. | compl suck request . an immediate! ¥ notify che pstson 7 2 Suck requese of St : therefor, “and of the ris head of the ion dad the ‘appeal to the i Gi) make a determination any appeal. within twenty days a “Sundays, and legal public holid lays) after the 5 receipt nappeal. Tf on appeal the deniak of the re- st for racords is in who i, the agency shall notify the person ot the provisions for judicial review of tha deter- “mination under paragraph (4) of cis § subsectio ‘(B) In unusual circumstances as specified i itt this “the time limits prescribed in either owith eee to “of suck extended by requast -sefting and the date on ‘forth the reasons for such extension _ whicha de No such notfee shall specify a date that would result in an extension for more than ten - working days. in this subparagraph, ‘ nces'’means,but only to the extent reasonably to the ptoper processing. of the parcicular 7 As used i ecessary request— ‘that are separate . from the. office Processing, the request; ; oe Loe (ii) the need tO search: for, collect, and appr opti- _ ately examine a volursinous amount of separate and. - distinct: records which are: demanded. in a _ Single. request; or: mo (iii) the ‘need for consultation, mination of the request or ‘among two or more com- " ponents’, ‘of the: ‘ageney- having substantial: Subject: ae . matter: interest therein. : : : ~(C) Any person making a request ‘to- any. divericy tor" section stiall be deemed to have exhausted his admin- “istrative remedies with respect to such request if the agency fails to comply with the applicable time limit— If the Government can show e the: agency “additional time to complete its review of. Upon any determinacion by an agency to With a request for records, the records shall be made promptly available re quest. - netification of denial. of any request for ords under this Subsec tion ‘Shall set forth the names .. co Any ah feanest . rmination is expected to:. ‘unusual, * .(i)the need to search for and collact t the requested ” - records from fisld facilities, or other establishments J! conducted with all practicable speed, with another |: _- _agency ‘having a substantial interest in the deter- vs exceptional circumstances exist and that the :__ agency 18 exercising due diligence in responding tothe. °°. the court: may retain jurisdiction and allow - to such. person making such - ¢