Central Intelligence Agency Information Act
PL 98-477 (H.R.5164), enacted 10/15/1984

PUBLIC LAW 98-477—OCT. 15, 1984 
98 STAT. 2209 
Public Law 98-477 
98th Congress 
An Act 
To amend the National Security Act of 1947 to regulate public disclosure of informa-
tion held by the Central Intelligence Agency, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Central Intelligence Agency Information Act . 
SEC. 2. (a) The National Security Act of 1947 is amended by adding 
at the end thereof the following new title: 
"TITLE VII—PROTECTION OF OPERATIONAL FILES OF THE 
CENTRAL INTELLIGENCE AGENCY 
Oct. 15, 1984 
[H.R. 5164] 
Central 
Intelligence 
Agency 
Information Act. 
50 u s e 401 note. 
EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW, 
PUBLICATION, OR DISCLOSURE 
"SEC. 701. (a) Operational files of the Central Intelligence Agency 
may be exempted by the Director of Central Intelligence from the 
provisions of section 552 of title 5, United States Code (Freedom of 
Information Act), which require publication or disclosure, or search 
or review in connection therewith. 
"(b) For the purposes of this title the term 'operational files' 
means— 
"(1) files of the Directorate of Operations which document the 
conduct of foreign intelligence or counterintelligence operations 
or intelligence or security liaison arrangements or information 
exchanges with foreign governments or their intelligence or 
security services; 
"(2) files of the Directorate for Science and Technology which 
document the means by which foreign intelligence or counterin-
telligence is collected through scientific and technical systems; 
and 
"(3) files of the Office of Security which document investiga-
tions conducted to determine the suitability of potential foreign 
intelligence or counterintelligence sources; 
except that files which are the sole repository of disseminated 
intelligence are not operational files. 
"(c) Notwithstanding subsection (a) of this section, exempted oper-
ational files shall continue to be subject to search and review for 
information concerning— 
"(1) United States citizens or aliens lawfully admitted for 
permanent residence who have requested information on them-
selves pursuant to the provisions of section 552 of title 5, United 
States Code (Freedom of Information Act), or section 552a of 
title 5, United States Code (Privacy Act of 1974); 
"(2) any special activity the existence of which is not exempt 
from disclosure under the provisions of section 552 of title 5, 
United States Code (Freedom of Information Act); or 
"(3) the specific subject matter of an investigation by the 
intelligence committees of the Congress, the Intelligence Over-
50 u s e 431. 
98 STAT. 2210 
PUBLIC LAW 98-477—OCT. 15, 1984 
sight Board, the Department of Justice, the Office of General 
Counsel of the Central Intelligence Agency, the Office of Inspec-
tor General of the Central Intelligence Agency, or the Office of 
the Director of Central Intelligence for any impropriety, or 
violation of law. Executive order, or Presidential directive, in 
the conduct of an intelligence activity. 
"(d)(1) Files that are not exempted under subsection (a) of this 
section which contain information derived or disseminated from 
exempted operational files shall be subject to search and review. 
"(2) The inclusion of information from exempted operational files 
in files that are not exempted under subsection (a) of this section 
shall not affect the exemption under subsection (a) of this section of 
the originating operational files from search, review, publication, or 
disclosure. 
"(3) Records from exempted operational files which have been 
disseminated to and referenced in files that are not exempted under 
subsection (a) of this section and which have been returned to 
exempted operational files for sole retention shall be subject to 
search and review. 
"(e) The provisions of subsection (a) of this section shall not be 
superseded except by a provision of law which is enacted after the 
date of enactment of subsection (a), and which specifically cites and 
repeals or modifies its provisions. 
Courts, U.S. 
(f) Whenever any person who has requested agency records 
under section 552 of title 5, United States Code (Freedom of Infor-
mation Act), alleges that the Central Intelligence Agency has 
improperly withheld records because of failure to comply with any 
provision of this section, judicial review shall be available under the 
terms set forth in section 552(a)(4XB) of title 5, United States Code, 
except that— 
"(1) in any case in which information specifically authorized 
under criteria established by an Executive order to be kept 
secret in the interest of national defense or foreign relations 
which is filed with, or produced for, the court by the Central 
Intelligence Agency, such information shall be examined ex 
parte, in camera by the court; 
"(2) the court shall, to the fullest extent practicable, deter-
mine issues of fact based on sworn written submissions of the 
parties; 
"(3) when a complaint alleges that requested records were 
improperly withheld because of improper placement solely in 
exempted operational files, the complainant shall support such 
allegation with a sworn written submission, based upon per-
sonal knowledge or otherwise admissible evidence; 
"(4XA) when a complainant alleges that requested records 
were improperly withheld because of improper exemption of 
operational files, the Central Intelligence Agency shall meet its 
burden under section 552(aX4)(B) of title 5, United States Code, 
by demonstrating to the court by sworn written submission that 
exempted operational files likely to contain responsive records 
currently perform the functions set forth in subsection (b) of 
this section; and 
"(B) the court may not order the Central Intelligence Agency 
to review the content of any exempted operational file or files in 
order to make the demonstration required under subparagraph 
(A) of this paragraph, unless the complainant disputes the 
Central Intelligence Agency's showing with a sworn written 
PUBLIC LAW 98-477—OCT. 15, 1984 
98 STAT. 2211 
submission based on personal knowledge or otherwise admissi-
ble evidence; 
"(5) in proceedings imder paragraphs (3) and (4) of this subsec-
tion, the parties shall not obtain discovery pursuant to rules 26 
through 36 of the Federal Rules of Civil Procedure, except that 
28 use app. 
requests for admission may be made pursuant to rules 26 and 
36; 
"(6) if the court finds under this subsection that the Central 
Intelligence Agency has improperly withheld requested records 
because of failure to comply with any provision of this section, 
the court shall order the Central Intelligence Agency to search 
and review the appropriate exempted operational file or files for 
the requested records and make such records, or portions 
thereof, available in accordance with the provisions of section 
552 of title 5, United States Code (Freedom of Information Act), 
and such order shall be the exclusive remedy for failure to 
comply with this section; and 
"(7) if at any time following the filing of a complaint pursuant 
to this subsection the Central Intelligence Agency agrees to 
search the appropriate exempted operational file or files for the 
requested records, the court shall dismiss the claim based upon 
such complaint. 
"DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES 
"SEC. 702. (a) Not less than once every ten years, the Director of 
50 use 432. 
Central Intelligence shall review the exemptions in force under 
subsection (a) of section 701 of this Act to determine whether such 
Ante, p. 2209. 
exemptions may be removed from any cat^ory of exempted files or 
any portion thereof. 
'(b) The review required by subsection (a) of this section shall 
include consideration of the historical value or other public interest 
in the subject matter of the particular category of files or portions 
thereof and the potential for declassifying a significant part of the 
information contained therein. 
"(c) A complainant who alleges that the Central Intelligence 
eourts, U.S. 
Agency has improperly withheld records because of failure to 
comply with this section may seek judicial review in the district 
court of the United States of the district in which any of the parties 
reside, or in the District of C!olumbia. In such a proceeding, the 
court's review shall be limited to determining (1) whether the 
Central Intelligence Agency has conducted the review required by 
subsection (a) of this section within ten years of enactment of this 
title or within ten years after the last review, and (2) whether the 
Central Intelligence Agency, in fact, considered the criteria set forth 
in subsection (b) of this section in conducting the required review.". 
(b) The table of contents at the beginning of such Act is amended 
by adding at the end thereof the following: 
"TITLE VN—PROTECTION OF OPERATIONAL FILES OF THE CENTRAL 
INTELUGENCE AGENCY 
"Sec. 701. Exemption of certain operational flies from search, review, publication, 
or disclosure. 
"Sec. 702. Decennial review of exempted operational files.". 
(c) Subsection (q) of section 552a of title 5, United States C!ode, is 
amended— 
(1) by inserting "(1)" after "(q)"; and 
98 STAT. 2212 
PUBLIC LAW 98-477—OCT. 15, 1984 
5 u s e 552. 
Reports. 
50 u s e 432 note. 
Effective date. 
50 u s e 431 note. 
(2) by adding at the end thereof the following: 
"(2) No agency shall rely on any exemption in this section to 
withhold from an individual any record which is otherwise accessi-
ble to such individual under the provisions of section 552 of this 
title.". 
SEC. 3. (a) The Director of Central Intelligence, in consultation 
with the Archivist of the United States, the Librarian of Congress, 
and appropriate representatives of the historical discipline selected 
by the Archivist, shall prepare and submit by June 1, 1985, a report 
on the feasibility of conducting systematic review for declassifica-
tion and release of Central Intelligence Agency information of 
historical value. 
(b)(1) The Director shall, once each six months, prepare and 
submit an unclassified report which includes— 
(A) a description of the specific measures established by the 
Director to improve the processing of requests under section 552 
of title 5, United States Code; 
(B) the current budgetary and personnel allocations for such 
processing; 
(C) the number of such requests (i) received and processed 
during the preceding six months, and (ii) pending at the time of 
submission of such report; and 
(D) an estimate of the current average response time for 
completing the processing of such requests. 
(2) The first report required by paragraph (1) shall be submitted 
by a date which is six months after the date of enactment of this 
Act. The requirements of such paragraph shall cease to apply after 
the submission of the fourth such report. 
(c) Each of the reports required by subsections (a) and (b) shall be 
sulamitted to the Permanent Select Committee on Intelligence and 
the Committee on Government Operations of the House of Repre-
sentatives and the Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate. 
SEC. 4. The amendments made by subsections (a) and (b) of section 
2 shall be effective upon enactment of this Act and shall apply with 
respect to any requests for records, whether or not such request was 
made prior to such enactment, and shall apply to all civil actions not 
commenced prior to February 7,1984. 
Approved October 15, 1984. 
LEGISLATIVE HISTORY—H.R. 5164 (S. 1324): 
HOUSE REPORTS: No. 98-726, Pt. 1 (Permanent Select Committee on Intelligence) 
and Pt. 2 (Comm. on Government Operations). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Sept. 17, 19, considered and passed House. 
Sept. 28, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): 
Oct. 15, Presidential statement.