A bill to amend section 552 of title 5, United States Code, known as the Freedom of Information Act.
PL 93-502 (H.R.12471), enacted 11/21/1974

88 STAT. ] 
PUBLIC LAW 93-502-NOV. 21, 1974 
1561 
any defense, right, or benefit under any provision of a statute or 
constitution of a State or of a territory of the United States, or of any 
law of the District of Columbia, regulating or limiting the rate of 
interest which may be charged, taken, received, or reserved, and any 
such provision is hereby preempted, and no civil or criminal penalty 
which would otherwise be applicable under such provision shall apply 
to such member or nonmember association, institution, bank, or affiliate 
or to any other person." 
SEC. 304. The amendments made by this title shall apply to any 
fs^usc^a/iblV 
deposit made or obligation issued in any State after the date of note. 
enactment of this title, but prior to the earlier of (1) July 1, 1977 or 
(2) the date (after such date of enactment) on which the State enacts 
a provision of law which limits the amount of interest which may be 
charged in connection with deposits or obligations referred to in the 
amendments made by this title. 
Approved October 29, 1974. 
Public Law 93-502 
A N A C T 
November 21, 1974 
To amend section 552 of title 5, United States Code, known as the Freedom of ' 
'-— 
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Information Act. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) the fourth 
Public informa-
sentence of section 552 (a) (2) of title 5, United States Code, is amended *'°"* 
to read as follows: "Each agency shall also maintain and make avail- tion'^and d'irtiibu!^" 
able for public inspection and copying current indexes providing tion. 
identifying information for the public as to any matter issued, adopted, 
or promulgated after July 4, 1967, and required by this paragraph to 
be made available or published. Each agency shall promptly publish, 
quarterly or more frequently, and 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 „ Publication in 
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 552(a) (3) of title 5, United States Code, is amended ^^.':°'^^' ^z:"'^' 
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ability to public. 
to read as rollows: 
"(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 
promptly available to any person.". 
(2) Section 552(a) of title 5, United States Code, is amended by Document search 
redesignating paragraph (4), and all references thereto, as paragraph f^es'^^e^'uiaV"" 
(5) and by inserting immediately after paragraph (3) the following tions. 
new paragraph: 
"(4) (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 imits of such agency. Such fees shall be limited to 
reasonable standard charges for document 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. 
1562 
Withheld agency 
records, court 
examination. 
PUBLIC LAW 93-502-NOV. 21, 1974 
[88 STAT. 
Complaints, 
response by 
defendant. 
Attorney fees 
and costs. 
CSC proceeding 
against officer 
or employee. 
Noncompliance, 
penalty. 
Administrative 
deadlines. 
"(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 under any of the exemp-
tions set forth in subsection (b) of this section, and the burden is on 
the agency to sustain its action. 
"(C) Notwithstanding any other provision of law, the defendant 
shall serve 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. 
"(D) Except as to cases the couit 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 and 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 coi'r-ective action that the Commission recommends. 
"(G) 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 uniformed service, the responsible member.". 
(c) Section 552(a) of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraph: 
"(6) (A) Each agency, upon any request for records made under 
paragraph (1), (2), or (3) of this subsection, shall— 
"(i) determine within ten days (excej)ting Saturdays, Sundays, 
and legal public holidays) after the receipt of any such request: 
whether to comply with such request and shall immediately notify 
the person making such request of such determination and the 
reasons therefor, 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. 
"Unusual cir-
cumstances." 
88 STAT. ] 
PUBLIC LAW 93-502-NOV. 21, 1974 
1563 
"(B) In unusual circumstances as specified in this subparagraph, 
the time limits prescribed in either clause (i) or clause (ii) of sub-
paragraph (A) may be extended by written notice to the person 
making such request setting forth the reasons foi' such extension and 
the date on which a determination is expected to be dispatched. No sucli 
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 and collect the requested records from 
field facilities or other establishments that are separate from the 
office processing the request; 
"(ii) the need to search for, collect, and appropriately examine 
a voluminous amount of separate and distinct records which are 
demanded in a single request; or 
"(iii) the need for consultation, which shall be conducted with 
all practicable speed, with another agency having a substantial 
interest in the determination of the request or among two or more 
components of the agency having substantial 
subject-matter 
interest therein. 
"(C) Any person making a request to any agency for records under 
paragraph (1), (2), or (3) of this subsection shall be deemed to have 
exhausted his administrative remedies with respect to such request 
if the agency fails to comply with the applicable time limit provisions 
of this paragraph. If the Government can show exceptional circum- 
Time extension 
stances exist and that the agency is exercising due diligence in vlewf^"*^^ ^^' 
responding to the request, the court may retain jurisdiction and allovr 
the agency additional time to complete its review of the records. Upon 
any determination 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 
under this subsection shall set forth the names and titles or positions 
of each person responsible for the denial of such request.". 
SEC. 2. (a) Section 552(b)(1) of title 5, United States Code, is 
National defense 
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amended to read as follows: 
cy, exemption. 
"(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 recrrds"or\°aw 
t o r e a d a s f o l l o w s : 
enforcement pur-
"(7) investigatory records compiled for law enforcement pur- p°ses, exemption. 
poses, but only to the extent that the production of such records 
would (A) interfere with enforcement proceedings, (B) deprive 
a person of a right to a fair trial or an impartial adjudication, 
(C) constitute an unwarranted invasion of personal privacy, (D) 
disclose the identity of a confidential source and, in the case of 
a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a 
lawful national security intelligence investigation, confidential 
information furnished only by the confidential source, (E) dis-
close investigative techniques and procedures, or (F) endanger 
1564 
PUBLIC LAW 93-502-NOV. 21, 1974 
[88 STAT. 
the life or physical safety of law enforcement personnel;". 
tio^n^oTr^c^ d°'" 
^^^ Section 552(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.". 
Reports to 
ggc. 3. Sectiou 552 of title 5, United States Code, is amended by 
H^u^se^LiTd ^ 
adding at the end thereof the following new subsections: 
President o
f 
"(d) On Or bcforc March 1 of each calendar year, each agency shall 
the Senate. 
submit a report covering the preceding calendar year to the Speaker 
of the House of Representatives and President of the Senate for 
Contents. 
referral to the appropriate committees of the Congress. The report 
shall include— 
"(1) the number of determinations made by 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 subsection 
Ante, p. 1562. 
(^a) (6), thc rcsult of such appeals, and the reason for the action 
upon each appeal that results in a denial of information; 
"(3) the names and titles or positions of each person respon-
sible for the denial of records requested under this section, and 
the number of instances of participation for each; 
"(4) the results of each proceeding conducted pui"suant to 
subsection (a)(4)(F), including 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; 
"(5) a copy of every rule made by such agency regarding this 
section; 
"(6) a copy of the fee schedule and the total amount of fees 
collected by the agency for making records available under this 
section; and 
"(7) such other information as indicates efforts to administer 
fully this section. 
Annual report. 
The Attomcy General shall submit an annual report on or before 
March 1 of each calendar year which shall include for the prior 
calendar year a listing of the number of cases arising under this sec-
tion, the exemption involved in each case, the disposition of such case, 
and the cost, fees, and penalties assessed under subsections (a) (4) 
Ante, p. 1561. 
(g^^ ^Y), aud (G). Such report shall also include a description of 
the efforts undertaken by the Department of Justice to encourage 
agency compliance with this section. 
susc^ssi" 
"(^) ^^^ purposes of this section, the term 'agency' as defined in 
section 551 (1) of this title includes any executive department, military 
department, Government corporation, Government controlled corpo-
ration, or other establishment in the executive branch of the Govern-
ment (including the Executive Office of the President), or any 
independent regulatory agency.". 
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^^^' '^' '^^^ amendments made by this Act shall take effect on the 
note. 
ninetieth day beginning after the date of enactment of this Act. 
C A R L A L B E R T 
Speaker of the House of 
Represeiitatives. 
JAMES 0. EASTLAND 
President 
of the Senate pro tempore. 
88 STAT. ] 
PUBLIC LAW 93-503-NOV. 26, 1974 
1565 
IN THE HOUSE OF REPRESENTATIVES, U.S., 
November 20,1974. 
The House of Representatives having proceeded to reconsider the bill (H.R. 
12471) entitled "An Act to amend section 552 of title 5, United States Code, 
known as the Freedom of Information Act", returned by the President of the 
United States with his objections, to the House of Representatives, in which it 
originated, it was 
Resolved, That the said bill pass, two-thirds of the House of Representatives 
agreeing to pass the same. 
Attest: 
W. PA.T JENNINGS 
Clerk. 
By W. Raymond 
Colley 
I certify that this Act originated in the House of Representatives. 
W. P A T JENNINGS 
Clerk. 
By W. Raymond 
Colley 
IN THE SENATE OF THE UNITED STATES, 
November 21,1974. 
The Senate having proceeded to reconsider the bill (H. R, 12471) entitled 
"An Act to amend section 552 of title 5, United States Code, known as the 
Freedom of Information Act", returned by the President of the United States 
with his objections to the House of Representatives, in which it originated, it 
was 
Resolved, That the said bill pass, two-thirds of the Senators present having 
voted in the affirmative. 
Attest: 
FRANCIS R. V A L E O 
Secretary. 
Public Law 93-503 
A N A C T 
November26, 1974 
To amend the I'rban Mass Transportation Act of 1964 to provide increased 
[lL.^i£l__,_ 
assistance for mass transportation systems. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled.,^ That this Act may 
be cited as the "National Mass Transportation Assistance Act of 19Y4". As"sista"nce"A'ct 
of 1974 
National Mass 
Transportation 
49 u s e 1601b 
note.