FREEDOM OF INFORMATION ACT (FOIA) AMENDMENTS PROPOSED BY REPRESENTATIVE SAMUEL L. DEVINE (R., OHIO)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700120066-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: October 22, 2004
• Sequence Number: 66
• Publication Date: July 13, 1978
• Content Type: MF

I J LU L 1Q Y-;
Approved For Release 2004/10/28 : CIA-RDP81 M00980R00d 'b012006CM,
OLC 78-2314/1
bi 1ORA 'i FOR: Director of Central Intelligence
FR(1: Frederick P. Hitz
Legislative Counsel
SUBJEC'T: Freedom of Information Act (FOIA) Amendments
Proposed by Representative Samuel L. Devine (R., Ohio
1. Action Requested; Alone; this Ss for your information only.
2. Back ouid: Representative Devine has recently proposed legislation
which will; t enacted, amend certain portions of the FOIA. The bill,
H.R. 13040, seeks six substantive changes to the current Act:
--Ten days compliance time for responding to FOIA
requests extended to thirty days.
--Ten days extension time lengthened to fifteen days.
--U.S. District Court given authority to extend further,
at Agency request, time periods as stated above if volume
necessitates.
--Costs for Document Review may be charged, unlike the
present FOIA, when such costs exceed $100.
--Bill tries to lessen court discretion re in camera
-examination of documents for determination ?f-proper
classification.
--Agency Protection of Investigatory Records simplified
(these have primary applicability to the FBI and other law
enforcement agencies).
Although the above cited changes are fewer and less far reaching
than we would like. them to be, they are, in a number of respects, quite
helpful. The time extensions, although still relatively short, are
beneficial, making it more likely that, at least in simple cases, the
Agency will have a better chance of responding in a.timely fashion.
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Moreover, the ability to charge for Doomient Review will result in a not
insignificant savings to the Agency as the majority of mm-hours are
currently expended in review rather than search. A perhaps unintended
side benefit of this charge provision might well be a decrease in the
number of omnibus requests which we currently receive. It is our
belief that once requesters realize that they will be charged for the
hours involved in processing massive requests, many. will refrain from
requesting or turn to alternative sources of information.
While it is unlikely. that this proposal will be enacted this session,
Representative Devinets bill is helpful insofar as it demonstrates a
certain degree of congressional recognition of the FOIA's -aclninistrative
problems. It also helps build a`record for future substantive changes.
to the Act.
On the topic of substantive changes, in preliminary discuss sions %1B
has expressed a willingness to study coordinated and comprehensive
amendments to the Act. We are also examining the possibility of
suggesting to Representative Devine additional remedial language
which would be of benefit to the Agency.
Frederick P. Hitz
Distribution:
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OLC:NIDC: sm (11 Jul 78)
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