FREEDOM OF INFORMATION REQUIREMENT FOR PUBLISHING INDICES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01495R000800020001-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: October 4, 2000
• Sequence Number: 1
• Publication Date: December 24, 1974
• Content Type: MF

Approved For Release ,001/03/04: CIA-RDP80B01495 00800021-1
DDI-3737 -7:1'
OGC 74-2415
24 December 1974
MENIORANDUiM FOR: Deputy Director for Operations
Deputy Director for Intelligence
Deputy Director for Administration
Deputy Director for Science & Technology
Deputy to the Director/NIO
Deputy to the DCI/IC
Inspector General
Legislative Counsel
Comptroller
SUBJECT : Freedom of Information Requirement
for Publishing Indices
1. The Freedom of Information Act requires that agencies maintain
indices of certain types of documents. Documents to be indexed are all
documents issued, adopted or promulgated after July 4, 1967 which fall
within any of the following three categories:
(a) final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication
of cases;
(b) those statements of policy and interpretations which
have been adopted by the agency and are not published
in the Federal Register; and
(c) administrative staff manuals and instructions to staff
that affect a member of the public.
But the Act also provides that the above provision (and others) does not
apply to matters that are:
(1) (A) specifically authorized under criteria established
by an Executive order to be kept secret in the interest
of r1 ationa.l defense or fore igri tic licy and (B) are, in fact
properly classified pursuant to such Executive order,
Approved For Release 2001/03/04: CIA-RDP80B0l495R000800020001-1
 Approved For Release %ZO01/03/04: CIA-RDP80BO1495R 0800020001-1
(8)
(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 memorandums or letters
which would not be available by law to a party other
than an agency in litigation with the agency;
(6) personnel and medical files and similar files the
disclosure of which would constitute a clearly unwarranted
invasion of personal privacy;
(7) investigatory records compiled for law enforcement
purposes, but only to the extent that the production
of such records would (A) interfere with enforcement
proceedings, CB) deprive a person of a right to a fair
trial or an impartial adjudiction, (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) disclose
investigative techniques and procedures, or (F)
endanger the life or physical safety of law enforcement
personnel.
contained in or related, to examination, operating, or
condition reports prepared by, on behalf of, or for
the use of an agency responsible for the regulation
or supervision of financial institutions; or
(9) geological and geophysical information and. data,
including maps, concerning wells.
2
Approved For Release 2001/03/04: CIA-RDP80BOl495R000800020001-1
 Approved For Release 1/03/04: CIA-RDP80B01495RM0800020001-1
2. Under the recent amendments to the Act, to become effective
in February, agencies are also required to "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 be unnecessary and
impracticable." Addressees are requested to specify documents for
tiyhich they are responsible which, under the provisions of the Act
uoted above, must be indexed. From this information we would assist
in compiling Agency indices and in the decision to publish or not to
publish, also referred to above. We will be glad to assist in your con-
sideration as to whether any particular document or cateogires of
documents must be indexed.
3. As mentioned, the requirement to maintain indices is not
new. Only the requirement that the indices be published is new. The
question as to what documents, if any, must be indexed has been
considered, at least informally, in the past but I am not aware that we
have ever concluded that no documents require indexing.
4. A related matter, for' consideration, is that "in accordance with
published rules" all indexed documents must be made available "for
public inspection and copying, " unless they are published and offered
for sale.
5. As mentioned, indices are to be published "quarterly or more
frequently. " Since the amendments become effective in mid-February
it would seem desirable that our first publication apply with respect to
the first quarter of 1975, that is, our index would be issued as of
April 1, 1975 and would index all documents issued between that date
and July 4, 1967. Please let us have your response at an early date, if
possible, by February 1.
STATINTL
Associate General Counsel
Approved For Release 2001/03/04: qlA-RDP80B01495R000800020001-1
 Approved For Release%641'0 /W CITi 01495R000800
1-1
To: (info
FROM: enA_lz
SUBJECT: Freedom of Info
Publishing Indices
REMARKS:
STATINTL
We are being asked to specify all
documents for which we are responsible that
must be indexed under the provisions of the
Freedom of Information Act.
I assume Eisenbeiss should have action
on this.
I will send a copy to
STATINTL
Approved For Release 2001/03/04: CIA-RDP80BOl495R00080 f 01-1