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PHEASANT-CHICKENS * ROCK-CORNISH GAME HENS . a . ey 25, 1956. wir. J. Badger Eoover, Director . { ° Pederel Bureeu of investigation - , od Washington, D.C. Cow . 7 - - . ™ wf Dear ir. Hoover, . ; - i}Enclosad is 8 copy of my bock,WHITSYASH - TEE REPORT ON TED In it you will find quotations from your test:soay and that ot 7 believe reouire immediate and unequivocal explonetions ena Jon % Py 1: to th he Comaissi on. Of the many things recusrans explenetion, = would like in iperviculsar to direct your attentiogd to thess ‘bree, in weich it woulc sesm mo 1 ou estion of nstional security can be involved | i | 1) tn your brief discussion of the &ssassins you sey that three shots were Tired, or Thich governor. This does not account for the bullies hit the curbstone on Gonuirce Street, which you told the Commission you coulé <o%s essociate with the res éential tion in tne Tepors to whe Comaission -~ a =k SY see a we v Vast aber sya er Coe aeoate Gee wen | car or any of its occupants. In snother pert of this report, deciing wit told the Commission that the bullet thet did not xi1l the Presidcat strucz the back — not the neck - snd did not go throuzh his body. Hors you ecem vO Lil 68 j=! * - -gecount for the weki-lkmom wound in the front of the Presidcxs's neck. fini thus, _ lere there not et least 2ive bullets, the vhree you accounted for end the tvo Feu did not account for? The Commission itself considered the curbstone strike & sé ergs bullet, and the President most ecertsinly was wounded in the front of the noc. . 2) In his testimony be“ora the Commission, FBI Agent Robert A. Frazier dia nos VE offer into evidence the spectrographic onatyeis of this bullet end that or tre i : . verious bullet frsgments. Neither did FBI Agent John #. Gelleghe>, the spectrogra- = pher. Agent Frezier's testimony is merely thet the bullets were leed, Which would a seem to be considerable less information thetispectrograbpic anelysis could revea_s: ‘The custofidn of this archive at the National archives informs .me.inis acélysis is not included in his archive but is in the Possession of the P51. I call uvon you to make i ifmedietel available. - Sie [_ OS y (FO 22 IIEY JUL 1 4986 . RES PO a eh 3)'In his testimony before the Comey sa, Ree eat: Rone Srezier said_i thet en the «whole bullet was received by the rB Uae cya wiped “elezs He ‘does nov reveal any FBI interest in this unusual destruction of evidence. me also testifi< that the cleansing of the bullet was not comple te;-that—fersign matter remained in tre jrnet th in the bullet. Yet his testimony does not show any FBI interest in leeraing what the nsture of the residue was. Did the FBI make the appropriate tests. Coulé th \res {due to essociateé with either the President's body or the covernor' sy Potek Ble sar it rls was made to learns And if no effort was mede, Why nots . oN L’ : (S60 ag ~ Sure 8 flrs tg ince Sincerely yours, } cy ists Fahd at CIEL Pe Te pap. 10 . © * . » e ee ee ’ : 1“ ’ = . ~ 4 7 8 . *- * . bd vr * a ota ae wee rot tome mse oot ote noe ’ nee * wee “6 ° - . ae me Pe ae watnntetieoe - » wt . -- “ASC 1 Nee ore : eG ~Z eo dee “ iia \f far oof ‘ ria io. ota yy nen — - ete O28 ¥ f: wa woofs ~ yor . a “, eo ” « tS) ft a” NX t ” “ way se o — < « oa ‘ a — We eee yo eee ir: ae Se 2s ro —_ ye fervor mt epee err ma rem _. vtees Ree rnb Sa ew ky ave ees SUIS
C} 0) C3 C) FEDERAL BUREAU OF INVESTIGATION POSTPONEMENT INFORMATION SHEET (JFK MATERIALS) Lb vages) withheld entirely at this location in the file. One or more of the following statements, where indicated, explain this deletion (these deletions). Deletions were made pursuant to the postponement rationale indicated below with no segregable material available for disclosure. All references relate to Section 6 of the "President John F. Kennedy Assassination Records Collection Act of 1992." [] Subsection 1A (intelligence agent's identity) [] Subsection 1B (intelligence source or method) [] Subsection 1C (other matter relating to military defense, intelligence operations or the conduct of foreign relations) {] Subsection 2 (living person who provided confidential information) {}] Subsection 3 (unwarranted invasion of privacy) {] Subsection 4 (cooperating individual or foreign 7 government, currently requiring protection) [] Subsection 5 (security or protective procedure, currently or expected to be utilized) Information pertained to a matter unrelated to the JFK Assassination investigation. For your information: Li) JA TT The following number is to be used for reference regarding this page (these p ): SI UWE KIO 2K é W 34999 Doold: 32989522 Page 535
iano MW 34939 Doocld: 32959522 Page 540 Wit Sin of BE. R. 12471: AMENDMENTS TO eecou oF TNFORMATION ACT, TITLE 5, U. &. C., SECTZOH 552 . oe ” ‘ sO CC tes 0 le TE, Le F4IO The House overrede the President's veto of this : legislation (copy attachedy by a vote of 371 to 31 on 11-20-74, and the Senate by a vote of 65 to 27 on 11-21-74. It is to become effective 30 days after enactment or on February 19, 1875. Priox memoranda have been sent through at various stages of captioned legislation reporting results of conferences held between Bureau officials and representatives of the Department, Congressional stafis and White: House officials. YThe purpese of this memorandum therefore, is to point out those provisions of these amendments which it is believed will have the greatest impact on the FBI. For the purpose of clarity, the areas have been broken down into the following categories: (1} processing of reqnests; {2} increase in number of files involved; (3) increase in number of people who can now request data; and (4} in-camera inspection of classified documents. , PROCESSING OF REQUESTS 7 By wey Of background, it will be recalled that "investigatory files compiled for law enforcement purposes® were ezempt from disclosure under the provisions of the Preedom of Information Act (FOIA). Then in July of 1573, Departmental Order 528-73 was issned by then Attorney General Elliot i. Richardson. By this Order we were instructed to make available our investigative files over 15 years oid ta legitimate xesearchers when such files pertained to an in@iyidual or organization of historical siqnificance. The new amendments will now do away with these restrictions. Previously, when we ascertained that the information being sought was centained'in an investigative file less~ than 18 years old, we would deny the request, and the fepartment' i‘ would sustain such denials.. Now we will be required to honor, such requests, regardless of the age of the file, such asia: request for access to. bur investigation of President Kennedy's assassination. It will be necessary for us, in’our . ....23 cake wet we ~~, Enclosure i - Mr. Callahan ~ Enclosure i Mr. Jenkins ~ Enclosure 1 - Mr. Adams - Enclosure r , @ ~ Bach Assistant Director - Enclosure MeKt Poe JcP:ms (183 ; t ty
Hawmorandum to Mr. 7. B. Adams R H. R. 12471: AMENDMENTS TO THE FOIA, T5, USC, SECTION 552 - aN processing endeavors, to look at each paragraph in an investigative file to determine if the information falls with- in one of the following six categories, thereby precluding its disclosure: (1) interfere with enforcement proceedings, (2) Geprive a person of a right to a fair trial or an impartial adjudication, (3) constitute an unwarranted invasion of personal privacy, {4} disclose the identity of a confidential source , eand,-in the case of a record compiled by a criminal law enforcement authority in the course of a national security intelligence investigation, confidential information furnished only by the confidential source, {5) disclose investigative techniques and procedures, or (5) endanger the life or physical safety of law enforcement personnel. . Our processing will be further ccmplicated by the changing of the word -“file* to *records* in the {(h)(7} exemption. in the past, even though a record, such as an airtel or ; manorandum contained innocuous information, if it was located in an “*investigatory file compiled for law enforcement purposes,” we could preclude disclosure. However, hecause the new nrovisions order that, “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,* we will now be required to look at such a document and will have te disclose the contents if it does not fall within one of the above-enumerated categories. f essence, we will now be required to look at a greater number of files as well as a greater number of documents within these files in precessing requests under these new amendments. - rz INCREASE IN NUMBER OF PILES INVOLVED As noted ebove, since this lew will supercede epartmental Order 5328-73, all our files will now be covered y the POIA, regardless cf their age, From a review of the words used in this bill, a reading of the legislative history and in discussions with staff representatives of various Senators and Congressmen advocating this legislation, it is our under- Standing that a request can now be received for information _fxrom an on-going investigation and.we would be required to precess such a request to determine if there was any infor- mation contained therein that would not be protected under the new provisions of the FOTIA. An e ea of this conld be a reguest for our files on the Patricia Hearst case. wot Docld: 32989522 Page 541 -2-
MW 54959 . Nenorandum to Mr. J. B. Adams Be: HH. R. 12471: AHENDNEDES TO THE FOTA, $5, USC, SEC®ION 552 TUCREASE IN NUMBER OF PEOPLE WHO CAN NOW REQUEST DATA tt is our understanding that anyone can now request information from our files and such a request will have to he processed by us, even if it involves an elementary school student wanting data for a term paper. Since this new legislation will require the Government to absorb the cost of processing such . requests, the only cost that couid act as a deterrent to a ; young requester wonld be the time involved in our locating the particular records involved and the duplicating charge of ten cents per page. We are. quite confident that the Professor of the University of Texas who had requested information concerning the Communist Party, which request involved close tp two million.pages to be reviewed, will now come back with the request which he had previously withdrawn when he was advised that the estimated cost of processing would amount to 300,000 dollars. IN-CAMERA INSPECTION OF CLASSIPIED DCCOMENTS Umier the old provisions of this Act, we'could decline to disclose classified documents, and, if subsequentiy challenged in court, merely submit an affidavit to the effect that these documents have been properly classified pursuant to the most xecent Executive Order, The judge would go no further and would sustain cur denial for access to such documents. Under the new legislation the judge may review such classified Jocuments dering an in-camera Inspection to determine if he personally feels they were properly classified. Implementation of these new provisions is to take lace ninety days after enactment. In the interim, representatives £ the POIA Unit are available to explain in depth some of the roblems contemplated under these amendments similar to the explanations furnished Congressional staff members and White House representatives on November 14th. 308 - opt SO LTRS APA OVAT PECOAENPATION: oe a For information. ee Boold: 32989522 Page 542
tHE UNIVERSITY OF KANSAS MEDICAL CENTER COLLEGE OF HEALTH SCIENCES AND HOSPITAL RAINBOW BOULEVARD AT 39TH  o KANSAS CITY, KAINSAS 65103 ECHOOL OF MEDICINE SCHOOL OF MEDICINE SCHOOL OF NURSING DEPARTVENT OF PATHOLOGY AND CNCOLOGY SCHOOL OF ALLIED KREALTHA (913) B21-7670 UNIVERSITY HOSPITAL December 14, 1974 Clarence M, Kelley, Esq., Director Federal Bureau of Investigation Washington, D. C, 20535 Re: Records and artifacts of the Warren Commission Dear Mr, Kelley: Am writing to ask the relative positions of the [ejector] marks and the follower spring marks on CE 141, 543, 544, 545 as they were described to Mr. Rankin in Mr. Hoover's letter of June 6, 1964, (CE 2968), More specifically their degree of rotation (45°, 90° etc.) in relation to each other Recalling my letter to you of December 3, 1973, when I asked for the results of the neutron activation studies done on the several metal fragments mentioned by Mr. Hoover in his ietter of July 8,. 1974, to Mr. Rankin, I should again now like to ask for these results. Anticipating that my requests for these neutron activation results will be denied I should appreciate if you would provide me wlth instructions for the internal appeal as set out in the new amendments to 5 USC #@ 552, Sincers aly, Che ” . Sin wichot, A M, b. a a a Ie a ‘ [- a 2 . vs, i - / , ; / oy pee ae 2 i a ww - MW 54999 Docld:32989522 Page 543
| Ja wary 18, L975 7 1 = Mr. Be White ~- Enc. Atten: Mr. Frazier “le Mr. Mintz. t wish to advise you the informacion “yo have regarding the neutron activation studies conducted jeckion with the assassination of President Kennecy | previously denied to you under the current Fre sedom of tnfor- ct to aisclosure under the mation Ack, appears to ye the of the Act which become errective recent ly amended prov ny 37 i s Pebruary 19, 1975. It should be noted the material you : apparently seek to obtain is contained da Laboratory work i sheets and papers, since the results of the testing are set i foxth in the letter of duly @, i964, fron Mr. Hoover to worwwmwnr! pie Rakin, a copy of which you have in your possession. Con wwerning your reqnest relating to the relative positions r marl ial was not recorded, and is. u 1%, 2 wey, _ axks, this mater v We are awaiting quidelines and instructions ase. di... the Department of Justice cegarding the lemen ot ne. DAs. Che Freedom of tion Act in its amended form aon ulations conce tablishment of fees have Admin, yeu been pronulaate view of this, I am asking Comp. Syst. —— Ext. Affeizs Fites & Cam. _. Gen. Inv. 2. Ident. Inspection ow jatell. | Laboratory 2. Plan. & Eval. Spec. Inv. Training WW: Legal Coun. Telephone Rr. Director Sac'y —_. MATT. ROOM [ Me rece Nw 54999 poara:32989522 “Page 544 . - Ce a Sag
te, Wohnr Wiehe dls: 2 ¢, be tha wnharLal of intcarest to you in commaction 7 tad ; weasearch. At thet @, We Wii bo in a position to advise ; cote - 2 Sass your xeymest wubsodanwt: ho Yebruarcy toa, iim tie cvenc you fael the Laboratery work uho ts and parse would you concerning the ssary fces xexmired to moc riqnest, and to provide you part nt information xr cha amended Preedom of Informa: te cP pele So (3) ay Sincerely yours yo TE boat? . is a tty PRS yt Clarence NM. Kelley Director . NOfE: Reply ceordinated with the haboratory Division. We he ave had prior correspondence with Nichols in the past concerning kis xa quest for information regardi ng the assassinution of Presidant Kannedy. Laboratory Division is currently revie~ ing its material relating to neutron activation testing for the purpose of determining volume and other factors that will arfect feas which we will be authorized to charge requesters for this type of information. —MW 54999 Docld: 32989522 Page 545
: . “ (2 = By, Waite Mr. white a . - _. January 24, 1975 , | | 1» Mr. Ralty an coal iit, He tz Mr. M, B, Williams a to atta: dy. Bresson FREEDOM or INFORMATION ACT (rora) REQUEST - OF HAROLD WEISBERG Reference is unde to Legal Counzol to J. 8. Adams* memorandum of December 17, 1974, wherein it. was recommended that the Laboratory Division review Weisberg's request for information concerning the assassination of President Kennedy and identify pertinent | material available which may satiety his request. Weisberg indicates in his letter that he is _ interested in “the report itself" or “the complete report only"; however, eince these are available to him at National Archives, his request must extend beyond these documents. . The material available in this case falis into three categories. 1. All of the background information and data accumulated during the actual examinations of the evidence specimens, 2%, She compositional analyses arrived at from calculations of the raw date. 3 ‘The final reporta. Spectrographic analyses were conducted on bullets and/or fragments therefrom, lead fragments and several items of clothing. Examinations by neutron activation were con- ducted on the above-mentioned bullet and lead materials and on paraffin casts taken from the hands of Oswald. The resulta of all these exmminaticons, with the exception of the neutron activation studies of the bullet and lead materials, have been included in the FBI Laboratory reports. The results of the noutron activation examinations of the bullet ' and lead materials are contained in a letter to J. Lee Rankin, Genersi Counsel, The President's Commission, dated July 8, 1964... This letter and the FBI Takoratory: reports are available in the National Archives. “The Laboratory has on hand spect rographic Plates and neutron activation analysis data which were used to caleulate answers and make judgments regarding the compositions of the materials examined. As with most scientific data, interpretations of these platés and neutron activation analyses data will not stand alone but mist be accompanied by technical Swijere (6) s—ss—s—~—~sSCS CREED OVER) NW 54959 Docld: 32989522 Page 546
~ me — : . , Henoranci ¢o Ur, Whit - NESOOM OF TeORRATION ‘sor (FOIA) § mous oF HAROLD WEISEER tnforaatios @hich explaine the pararsters involved. Sone oF thig explanatory information could be obtained by an inquirer from outside exnerts in enission spectroscopy anc neutron activation annlyeie, but in the absence of éetailed procedural data, the rae information is not subject t@ interpretation by non-technical individuals. Rotes were made at the tise the examinations were  genducted which contain the actual analyses including percentage | , of gome Glexents present, relative concentrations of cther @lements and absense of detectable concentrations of elenente. Sene of these notes are physically in the Laboratory and _ ethers are assumed to be fnterstersed in the case file. The Search for this material will be extensive and time-consuming. it is eatimated that approximately 50 pages of techpical notes may be involved. The coste of reproduction will vary according he she physical dimensicns and nature of the usterial to be urnished. af we are requested te preduce copies of the actual Spectrographic plates and neutron activation data, costes will be substantial because of the various fermats involved. In tee. ease of the spactrographic plates, the Special .Shotographic - Unit of the Laboratory. ia investigating the possibility of accurately reproducing the plates so that the recorded intor~ mation can accurately be assersed frum the “duplication, “ Zetimates of the costs involved in such reproduction; if , they ean be made, are not presentiy available. In the case | of the neutron activation data, the total reproduction of this material will involve the equivalent of appreximately 1,006 pages. Huch more cicvical timc than that norualiy required te reproduce 1,006 pages will be involved due to the nature and gize of the pager to be copied. It is not unreasonable oo to assume that the time involved would be approximately . ten times greater than the tame needed to reproduce 1,090 ROIS. pares. pet Oe hecordingty, it will be necessary te evaluate each request in termes of the material to be furnished, and the overall costs wikl cenend on what materials are te be . y Tepredaced in Fesponse to a epecizic request’. / ACTION: None. Fer information only. MW 54959. Doocld: 32989522 - Page 547
NW af ; Lillian , oe Weisberg ® Code 301/473-8186 Co Og Or Press routes, FREDERICK, MD. 2 After exhausting my administrative remediss, I filed c.A, 2301-70 in Pederal district court in Washington. rn it J sought the described spectrographic analyses mede by the FBT for the Warren Commission which had. been denied me. The law has now been amended. If herewith request that you reinstitute this application for these analyses under the law ag smended. The Department saw Pit in this previous case to make misrepre sentations to the courts. I therefore want it to be clear that I sought ana now seek only the final scientific reports n these tasts. Not-raw materials, not laboratory work, only .€ and that request to include 34. onclusions as embodied in the full report, or the repox ferevith ExD milar nevoron- tivation testing, whether or not by the FBI, of those same bs and materials, namely the bullet ‘allegedly usec in. ssassination, various fragments of bullet elso allesedly sq used, snd the various objects said to have peen in contest with sny op all of these. Here slso my request is for the — complete. reports only. : , ot ee 1701
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e ® FEDERAL BUREAU OF INVESTIGATION POSTPONEMENT INFORMATION SHEET (JFK MATERIALS) _L3 page(s) withheld entirely at this location in the file. One or more of the following statements, where indicated, explain this deletion (these deletions). [] Deletions were made pursuant to the postponement rationale indicated below with no segregable material available for disclosure. All references relate to Section 6 of the "President John F. Kennedy Assassination Records Collection Act of 1992." {] Subsection 1A (intelligence agent's identity) [] Subsection 1B (intelligence source or method) [] Subsection 1C (other matter relating to military defense, intelligence operations or the conduct of foreign relations) {] Subsection 2 (living person who provided confidential information) {] Subsection 3 (unwarranted invasion of privacy) {] Subsection 4 (cooperating individual or foreign government, currently requiring protection) {] Subsection 5 (security or protective procedure, currently or expected to be utilized) Information pertained to a matter unrelated to the JFK Assassination investigation. -- For your information: FULA J—~The following number is to be used for reference regarding this page (these_pages): XXXXXXXXXX XXXXXXXXXX XXXXXXKXKX XXXXXXXXXX XXXKKXXKXK XXXXXXXXXX N NW 349599 Doold: 32989522 Page 550
Citizens Commission of Inquiry 103 2nd Street, N.E. Washington, D.C. 20002 (202) 546-7500 May 1, 1975 Mr, Clarence M. Kelley Director, Federal Bureau of Investigation United States Department of Justice Washington, D.C, 20535 Dear Mr. Kelley: Act as amended (5 U.S. c. Sec. 552). - This is a request for information pursuant to the Freedom of Information NW 549989 Docid: 32989522 Page 551 : ' I request access to the following files for purpose of inspection, and if I so choose copying: . 1) Neutron activation analysis of ‘the paratin casts of Lee Harvey Oswald's hands and face. 2) Spectrographic analysis of all bullet fragments recovered - in the investigation of the assassination of John F. Kennedy. ~ . As you know, the amended Act provides that if some parts of a file are exempt from release that “reasonably segregable” portions shall be provided. I therefore, request that if you determine that any portion of a requested document is exempt you provide me immediately with access to the remainder of the document. JI, of course, specifically reserve my right to appeal any decision on your part which denies to me access to any document or to any portion of any document and an examination of a portion of a document may not be taken by you to be a waiver of ny i right to examine all portions of all of the requested documents. If you determine that some of the documents or any portion of any docunent is exempt from release I request that you specifically advise me as to which exenption you believe to be applicable and the specific reasons therefor regarding any material you refuse to make available. I believe that since it is likely that all of the requested material may have been collected and maintained by you in one location thers i should be no fee charge. , . wen |
Page 2 If you determine that a fee might be involved since the Act permits you to reduce or waive the fees if that "is in the public interest because furnishing the information can be considered as primarily benefiting the public” and since it is apparent that this request is made in the public interest I request that you waive any such fee. Should there be any question about fees or in any other area, please telephone me at (202) 546-7500. I expect to receive a reply to this request within ten working days 1 | as required »y the amended Act. Py - Sincerely, Ty Me WAA- k Lane . HW 34999 Doold: 32989522 Page 552
EBs March 21, 1975 FREEDOM OF INFORMATION REQUESTS FOR RECORDS The following informal guidelines have been received from Freedom of Information Unit, Office of Legal Counsel, for use when they request eost data concerning FOI record requests from outsiders. 1, FOI will calculate reproduction costs unless unusually difficult, such as photographic reproduction of spectrographic plates, 2, "Reproduction" time is not chargeable, but must be absorbed by FBI. 3. Reviewing time, to determine if material may be furnished under FOI Law, is not chargeable, 4, Searching time (separate clerical and agent) is chargeable at the rate of $4/hour for clerks and $8/hour for agent, Exact records must be kept to support altddavit by agent in case of legal contest, NW 54999 Doold:32989522 Page 555 ; .
iz Pw. k = NW 54999 DocId: 1:32989528 iPageSb6° = Mr. dg. B. Adams 3/7/75 | : PUBLIC LAY 93-562, AMENDMENTS TO THE FE EEDOH OF : INFORMATION ACT (FOIA), TITLE 5, UNITED STATES CODE,  — _| SECTIGN 552 on The vurvose of this memorandum is to bring to.the . attention cf ail Bureau Officials and Supervisors information and pertinent cu seetanes, in addition to those contained in attached proposed letter te ali Sacs, resulting from the new amendments to the FOIA. Additional guidelines and observations will be submitted for consideration from time to time 2s axpe- rience gained uncer the provisions warrant. Also, repre sentatives of che FOTIA Unit will be available to address Division confer— ences regarding this Act. ‘ As you have previously been advised, the Freedom of information Act (FOI) was recently amended and the amendme nits became effective February 19, 1975. Copies of the FOTA incor- porating the recent amendments are now available and are attached for your information. As can be seen from the at reprint, the primary effect of the new amendments is.to in the administrative burden of processing requests under the Act, which is being handled by the Legislative Matters Section, FOTA Unit ef the Legal Counsel Division, Cccasionally, however, the assistance of other Divisions will be necessary in resolving questions concerning a particular request. ty a 77) iA) The amended Act has altered the previous Act in three major areas of concern to the FSI. 1. Change in Exemption {(b} (1). This exemption ied national defense aad foreign policy re records. The majo hange in this area is that the emended “Act expressly provides for in camera judicia al inspection of any documents withheld under this exemption, with the purpose of ascertaining i _ hey are “properiy" classified AS a Ly result of this o ments will be ma insure the class . #2Q 5 Sion, a review of all classified docu- rior to assertion of this exemption, to fication is proper and current. be fh, 3 te 3. BIS. io Me. Adams - Enc. (i—7 Each Assistant Director - Enc. + ‘ SeBDims (17). COUTINUED ~ OVER a
. . ™ Legal Counsel to Mr. J. B. Adams — memo Re: Public Law 93-502 2. Change in Exemption (b) (7). The language of this exemption has been changed from “investigatory files" under the old Act to “investigatory records" under the present Act, and the bases for withholding records falling in this categor® have been narrowed to six specified situations. . The situations in which investigatory records may be withheld are specified in the amended Act and may be briefly described as follows: Where release of the record would... (1) interfere with enforcement proceedings (investigation or prosecution) (2) deprive a person of a fair trial (3) constitute an unwarranted invasion of personal privacy (4) disclose the identity of a confidential source (either a paid informant or any citizen furnishing information to us with an express or implied assurance of confidentiality) (5) disclose investi- gative techniques and procedures, or (6) endanger the life or safety of law enforcement personnel. 3. Processing of Requests. The amended Act has imposed a statutory requirement that an agency respond to an FOIA request by either denying or granting the request within ten working days, or iri certain specified instances within 20 working days.- As pointed out above, the amendments have also drastically revised the Ninvestigatory files" exemption and now refers to "investigatory records." The “The effect of these two modifications is to greatly increase the administrative burden of processing FOIA requests. The change in the wording from "files" to "records" requires a document-by-document review of the files falling within the scope of the request. The exemp- tion for investigatory records is now such that it also requires a page-by-page review to justify withholding of the information contained in these records. The Act also requires that any "reasonably segregable" portions of a record be made available to the requester after the portions which are exempt have been deleted. This means that any documents not exempt in their entirety must be read and deleted on a paragraph-by-—paragraph basis. As mentioned above, the modification of the (b) (1) exemption now requires us to review the classification of documents before the (b) (1) exemption is asserted. As can be seen from the above explanation, the bases for withholding information in a closed investigatory file are limited. The two most frequently relied-on cxemptions when dealing with an inactive investigation are (b)(7)(C) (Cunwar- ranted invasion of personal privacy) and (12) (7)(D) (information furnished with an express or implied assurance of confidentialicy). -~2- NW 54999 Docld:32989522 Page 557
Legal Counsel to Mr. J. B. Adams MEMO Re: Public Law 93-502 Assertion of these exemptions relies heavily on the assumption thak an individual who cooperates with this Bureau in the course of an official investigation does not wish to have his identity or the information he furnished released to the subject of the investigation or to third parties, unless this is necessary in enforcement proceedings of a judicial nature. The Legal Counsel Division is giving consideration to suggesting adoption of certain procedures by the field in recording the results of our interviews in order to strengthen our position in asserting these exemptions. Before adoption of any such procedures, the views. of other Divisions as to the effect these procedures might have on dissemination of information and related problems will be solicited. Additionally, to enable the FOIA Unit to comply with the short statutory deadlines imposed by the Act, normally ten working days, it will be necessary for all other Divisions -to cooperate expeditiously in the handling of these matters when called upon to do so. This will involve insuring that any mis- directed FOIA requests received by other Divisions are transmitted to the Legislative Matters Section, Room 4503, Justice Building, Attention: FOIA Unit, by the most expeditious means avail- able. The time limit for response to a request generally begins to run from the date the request is received in any Division of FBI HQ. As the applicability of some of ‘the exemptions depend upon whether release of the information requested would interfere with an ongoing investigation or enforcement proceedings, it will on some occasions be necessary for the FOIA Unit to consult with other Divisions concerning their opinion as to the effect release of information would have on an ongoing case. In some situations, also, the Division handling the substantive violation may be consulted to provide background data, in order to ascertain if the continued classi- fication of a particular document is justified. RECOMMENDATION: The attached letter to all SACs be sent, which explains the recent amendments to the FOIA and sets out procedures for handling FOIA requests or inquiries received by Field Offices. - 3-— MW 34939 Doocld: 32959522 Page 556