FREEDOM OF INFORMATION ACT

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Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP85M00363R000902070025-1
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RIPPUB
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K
Document Page Count: 
19
Document Creation Date: 
December 20, 2016
Document Release Date: 
September 13, 2007
Sequence Number: 
25
Case Number: 
Content Type: 
REGULATION
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Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 w f MEMORANDUM FOR: > t4~ ~`'Cr FORM 1 m USE PREVIOUS Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 FREEDOM OF INFORMATION ACT 5 ? 552 THE AGENCIES GENERALLY Ch. $ (a) Each as follows: Public information; agency rules, opinions, orders, records, and proceedings agency shall make available to the public information (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public- (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the na- ture and-requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports. or examinations; (D) substantive rules of genera] applicability adopted as au- thorized by law, and statements of general policy or interpreta- tions of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may note n any -manner be required to resort to, or be adversely affected by, a matter required to be pub- lished in the Federal Register and not so published. For the pur- pose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Regis- ter when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection and copying- (A) final opinions, including concurring and dissenting opin- ions, 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; unless the materials are promptly published and copies offered for sale. To the extent required to prevent a clearly unwarranted inva- sion of personal privacy, an agency may delete identifying details Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Ch. alien it mak interpret case the jus ,rriting. Ea public inspe information mulgated of made availal quarterly or copies of eac order publisl be unnecessa nonetheless 1 exceed the d ment of poli affects a me precedent by (i) it ed as prc (ii) t thereof. (3) Excep paragraphs request. for and (B) is time, place, the records p (4)(A) In agency shall of public cor to all constil to reasonable and provide duplication. reduced chat tion of the f, mation can t (B) On cc district in w of business, District of withholding agency recoi a case the c4 ine the con' whether sue Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 ules, opinions, orders, the public information id currently publish in .blic- Id organization and the es (and in the case of a whom, and the'fnethods ion, make submittals or acid method by which ined, including the na. id informal procedures t forms available or the and instructions as to ports, or examinations; icability adopted as au- -a] policy or interpreta- =d and adopted by the d of the foregoing. al and timely notice of manner be required to ter required to be pub- sblished. For the pur- vailable to the class of d in the Federal Regis- -ith the approval of the ished rules, shall make ng and dissenting opin- zation of cases; interpretations which re not published in the and copies offered for any unwarranted inva- iete identifying details Ch 5 ADMINISTRATIVE PROCEDURE 5 ? 552 when it makes available or publishes an opinion, statement of poli- cv, interpretation, or staff manual or instruction. However, in each case the justification for the deletion shall be explained fully in writing. Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or pro- mulgated 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 be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of such index on request at a cost not to exceed the direct cost of duplication. A final order, opinion, state- ment of policy, interpretation, or staff manual or instruction that affects a member-of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if- (i) it has been indexed and either made available or publish- ed as provided by this paragraph ; or (ii) the party has actual and timely notice of the terms thereof. (3) Except with respect to the records made available under paragraphs (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 thc records promptly available to any person. (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 units 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 duplication. Documents shall be furnished without charge or at a reduced charge where the agency determines that waiver or reduc- tion-of the fee is in the public interest because furnishing the infor- mation can be considered as primarily benefiting the general public. (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 withholding 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 de novo, and may exam- ine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 5 ?_552 THE AGENCIES GENERALLY Ch 5 any of the exemptions 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 un. der this subsection within thirty days after service upon the defend- ant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown. (D) Except as to cases the court considers of greater importance proceedings before the, district court, as authorized by this subsec- tion, 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 rec- ords improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costa, and the court additionally issues a written finding that the circum- stances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with.respect to the with- holding, the Special Counsel 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 Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the ad- ministrative 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 cor- rective action that the Special Counsel recommence. (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. (5) Each agency having more than one member shall maintain and make available for public inspection a record of the final votes of each member in every agency proceeding. (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 (excepting Saturdays, Sun- days, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immedi- ately notify the person making such request of such determina- tion and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and the Fars And No Rion r"=+P (C der have quest provi tiona trenc tion the r n-qu Ruch rrqu and t such Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 LLY - Ch. 5 m (b) of this section, -tion. of law, the defendant ny complaint made dn. rvice upon the defend- I is made, unless the of greater importance iorized by this subsec. on the docket over all -ia) or for argument at eery way. ited States reasonable nably incurred in any nant has substantially ion of any agency rec- lainant and assesses fees and other litiga- a written finding that Iding raise questions r capriciously with re- amission shall prompt- disciplinary action is vho was primarily re. on, after investigation shall submit its find- ative authority of the e findings and recom- s representative. The ective action that the he order of the court, responsible employee, onsible member. )ember shall maintain cord of the final votes r records made under )all- Ming Saturdays, Sun- ie receipt of any such nest and shall immedi- est of such determina- > right of such person adverse determination; Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025- Ch ADMINISTRATIVE PROCEDURE 5 ? 552 ? (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 de- nial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the pro- visions for judicial review of that determination under para- graph (4) of this subsection. (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 for such extension and the date on which a determination is expected to be dispatched. 1o such notice shall specify a date that would result in an exten- sion for more than ten working days. As used in this subpara- graph, "unusual circumstances" means, but only to the extent rea- sonably 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-mat- ter interest therein. (C) Any person making a request to any agency for records un- der paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such re- quest if the agency fails to comply with the applicable time limit provisions of this paragraph. If the Government can show excep- tional circumstances exist and that the agency is exercising due dil- igence in responding to the request, the court may retain jurisdic- tion and allow 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. (b) This section 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 national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order; Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025- 5 ? 552 THE AGENCIES GENERALLY CIy S (2) related solely to the internal personnel rules and prac tices of an agency; (3) specifically exempted from disclosure by statute (othe, than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such manner as to leave no discretion on the issue, or (B) establish-, es particular criteria for withholding or refers to particular; types of matt t b ers o e withheld; (4) trade secrets and' commercial or financial information ob tained from a person and privileged or confidential; (5) inter-agency or intra-agency memorandums or letter, which would t b no e available by law to a party other than agency in litigation with the agency; (6) personnel and medical files and similar files the disclo. sure of which would constitute a clearly unwarranted invasion of personal privacy; (7) investigatory records compiled for law enforcement put. 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 adjudi cation, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case f o a record compiled by a criminal law enforcement au. thority in the course of a criminal investigation, or by an agen- cy conducting a lawful national security intelligence investiga. tion, 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; (8) contained in or related to examination, operating, or con dition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of finan- cial institutions; or (9) geological and geophysical information and data, . includ ing maps, concerning wells. 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. (c) This section does not authorize withholding of information or limit the availability of records to the public, except as specifically stated in thi s section. This section is not authority to withhold in- formation from Congress. (d) On or before March I of each calendar year, each agency shall submit a report covering the preceding calendar year to the Speaker of the House of Representatives and President of the Sen- Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 a;t for rrf1 r.!: sL.sl (a~i6) rpc;: e (s) tic f the acz (i) -c boss t. rrs pca taoa of ?rr ti tta. (6) rv I lrct cct ioD ( ) f f:r11y ti Atto }Isrrh I of w--4&r yrar t,.3ti- tAr W &.r. tad 2 :ssc4> EL( t?c of the e?'ssr*" &,rr if) for j ?sc tiuu &S I ( tar e-p art; -T afiott, G" vrasarnt a-)l indrlx-n 2I'7, RI ? 2 b.c t - 2 56i ; ~ ALLY - Ch.5 rson.nel rules and prat. losure by statute (other d that such statute (A) rom the public in such a issue, or (B) establish. or refers to particular financial information ob. onfidential; emorandums or letters .o a party other than an similar files the disclo. ly unwarranted invasion or law enforcement pur- oduction of such records proceedings, (B) deprive 1 impartial adjudication, on of personal privacy, ntial source and, in the zal law enforcement au- stigation, or by an agen- cy intelligence investiga- I only by the confidential iques and procedures, or ety of law enforcement cation, operating, or con- of, or for the use of an or supervision of finan- mation and data, includ- cord shall be provided to deletion of the portions olding of information or ic, except as specifically authority to withhold in- ndar year, each agency ng calendar year to the id President of the Sen- ^NNluvcu I VI I\GIGQJG .UUI/VCJ/ IJ . L,Ir-I\LJ UJIVIVVJVJI\VVVCJVGV/ VVGJ- I ,c.s-h s..-?c ,L..TJneM-,?-t ,.$',s R,;, ~,.,~.,~,.#r~ .> y i . Ch. 5 ADMINISTRATIVE PROCEDURE 5 ? 552 ate for 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 (a) (6), the result 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 responsi- ble 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 pursuant to subsection (a) (4)(F), including a report of the disciplinary ac- tion taken against the officer or employee who was primarily responsible for improperly withholding records or an explana- tion 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. The Attorney General shall submit an annual report on or before March 1 of each calendar year which shall-include for the prior cal- endar 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) (E),(F), and (G). Such report shall also include a descrip- tion of the efforts undertaken by the Department of Justice to en- courage agency compliance with this section. (e) For purposes of this section, the term "agency" as defined in section 551(1) of this title includes any executive department, mili- tary department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 383; Pub.L. 90-23, ? 1, June 5, 1967, 81 Stat. 54; Pub.L. 93-502, ? 1-3, Nov. 21, 1974, 88 Stat. 1561-1564; Pub.L. 94-409, ? 5(b), Sept. 13, 1976, 90 Stat. 1247. Derivation: United States Code Revised Statutes and Statutes at Large 5 D.S.C. 1002 June 11, 1846, ch. 324, ? 3, 60 Stat. 238. 73 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 cord in suit seeking to 0 t concerning concessSone tional parks was not fuilr " to whether coueesiot:ar prejudiced by disc.,, t natior., reviewing coon ire to enable further d record. ational Park in Ass'n T. Morton, 1C W U.S.App.D.C. 223. edings for disclosure of tts Documents under this usury affidavit by goreS=ZIUMt at documents sought se~v mpted from disclot sure by - this section was insutli U exemptions claimed, and oft remanded with direction, ilt -nish detailed justification 1W claims, that it itemize sad 1? ents in such manner as to ate. fications for refusal to disc,. I portions of document tis y4 ipt. and that trial judge L ka might appoint special m-.a, documents and evaluate am tions of exemption. Ts--=L4 3. 464 F.2d 820, Jr, t.S.a;t;, borari denied 94 S.Ct_ 1:ee. tZ 1 L.Ed.2d 873, on remand A: either court of appeals nor b had examined Internal ,e manual, disclosure of pw which was sought under is mand for in camera inst..-t. ttion to determine which p,r subject to compulsory d,..1. -easonable. Hawker v. lnt.ras ervice, C.A.Tenn.1972, 46: r.F o enjoin Commissioner of Ter Commissioner of Patent, ma ;s) from refusing to raaap* ,st for production of all aapas anuscript decisions, topr(1a- indices as are available- w led where dismissal order n. ly to manuscript dsr?aft tference to indices. and It or t indices were available inr r, 1972, 465 F.2d 60S. 2 [A 3. certiorari denied 93 SD.. 99 )76. 34 L.Ed.2d 664, on trd 403. nd, district court would M a- expedite proceedings to t/,nr her report by the Office of ate technology to the Prr.idaa 10 lity of the supersonic tr,1040 has protected by rtatotarr do' constitutional prlrikie. a?'t de novo evaluation would s, tively undertaken by 92axl' . N ADMINISTRATIVE PROCEDURE of report in camera. Soucle v. Da- 448 F.2d 1067, 145 U.S.App,D.C. , . ~rment refusing to compel Commis- cr, of Food and Drugs to disclose referred to in proposal to bar y,,rn tetrachloride from interstate com- as a hazardous substance was re- ei to he reversed and cause remand-. for further consideration where court ,ted disputed records in camera and not detail nature of documents but stated that records were internal d based on medical records secured c nfidential capacity, bolstered by ref- r-evice to published reports and made no tr,e snce whatsoever to exemptions enu. .ated in this section Ackerly v. Ley, hg ~^0 F.2d 1336, 137 U.S.App.D.C. 133. order requiring clerk of local Selective .orrice Board to disclose to plaintiff reg- a-r,ate specific requested information, :-!tiding home address of each Board .r_ her, would be vacated and cause re- =,nded for further litigation, where dis- ..,: court did not grant or deny defend- ant clerk's motion to dismiss, including specific request for time within which to answer complaint if motion should be de- nied, but Instead on its own motion, en- tered final order granting relief sought in complaint, Martin v. reuschel. C.A. Pa.1968, 396 F,2d 759. Where court of appeals had suggested that government agency prepare index showing relationship between claimed ex- emptions under this section and docu- ments sought, where the cost of doing so would have been approximately $96,000 and would have Involved over 10,250 man hours, production by government agency of nine representative samples of the re- ports with identifying details deleted, and with the reason for the claimed ex- emption, together with stipulation be- tween the parties that judicial decision based on the nine representative samples would be considered applicable to all of the documents sought constituted sub- stantial compliance with court of appeals' mandate. Vaughn v. Rosen, D.C.D.C.1974, 383 F.Supp. 1041?. affirmed 523 F.2d 1136, 173 U.S.App.D.C. 187. 552a. Records maintained on individuals (a) Definitions.-For purposes of this section- (1) the term "agency" means agency as defined in section 552(e) of this title; (2) the term "individual" means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term "maintain" includes maintain, collect, use, or disseminate; (4) the term "record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment his- tory and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individu- al, such as a finger or voice print or a photograph ; (5) the term "system of records" means a group of any rec- ords under the control of any agency from which information is retrieved by the name of the individual or by some identify- ing number, symbol, or other identifying particular assigned to the individual; (6) the term "statistical record" means a record in a system of records maintained for statistical research or reporting pur- poses only and not used in whole or in part in making any de- termination about an identifiable individual, except as provided by section 8 of title 13 ; and Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 5 ? 552a THE A ENCIES GENERALLY Ch. 5 (7) the term "routine use" means, with respect to the disclo.. sure of a record, the use of such record for a purpose which is cornpatib)e with the nurnose for which it w s collected. (1) to those officers and employees of the agency which maintains the record who have a need for the record in the per- formance of their duties; (2) required under section 552 of this title; (3) for a routine use as defined in subsection (a) (7) of this section and described under subsection (e) (4) (D) of this sec- tion; (4) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13; (5) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; (6) to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his de.-- ignee to determine whether the record has such value; (7) to another agency or to an instrumentality of any govern- mental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought; (8) to a person pursuant to a showing of compelling circum- stances affecting the health or safety of an individual if Upon such disclosure notification is transmitted to the last known ad- dress of such individual; (9) to either House of Congress, or, to the extent of mattes within its jurisdiction, any committee or subcommittee thereof. any joint committee of Congress or subcommittee of any such joint committee; 194 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 (b) (??,..' ti !s o; agency shall disclose any record whiei. i~ r^r;L:n' o ~~.- -r.. of rrc- rds by a=y means of communication to any per: _ _, or to mother agency, except pursuant to a written request by, or trill. il,e prior writ,.'. n of, the individual to wbom the rec- ord pertain= unl'- s d:r-lorure of t^e record would bE^- spe (d) recor Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 (h. J ALMINI:STRATIVE P1cOCEDLRE 5 ? 552a (10) to the Comptroller General, or any of his authorized repre- with respect to the disclr ord for a purpose A-bicb , i it was collected. ncy shall disclo- any rt . records by any means ~ ier agency, except pursuant ? written consent of, the it'. nless disclosure of the rec. gees of the agency a>-i4 rd for the record in the ptz. his title; - .n subsection (a)(7) of tbi, tion (e) (4) ('D) of this se, for purposes bf planning cr related activity pursuant to ed the agency with adranrt e record will be used sokly )g record, and the record b iot individually identifiable; he United States as a record other value to warrant it, ,d States Government, or f= General Services or his d rd has such.value ; strumentality of any goners !r the control of the 1'nite4 enforcement activity if t..f if the head of the agency or request to the agency whui ie particular portion desirei r which the record is sou .t. sowing of compelling circLn' .ety of an individual if z;^ smitted to the last known ad? or, to the extent of ms:: fn, :tee or subcommittee thcrrL or subcommittee of any sz--k sentatives, In the course cf the Performance of the duties of the Gen- eral Accounting Office: (11) pursuant to the order of a court of competent jurisdiction; or (12) to a consumer reporting agency in accordance with bection 3711(f) of title 31. (c) Accounting of Certain Disciuures.-Each agency, with re- ct to each system of records Under its control, shall- (1) except for disclosures made under subsections (b)(1) or (b) (2) of this section, keep an accurate accounting of- (A) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection (b) of this section; and (B) the name and address of the person or agency to whom the disclosure is made; (2) retain the accounting made under paragraph (1) of this subsection for at least five. years or the life of the record, whichever is longer, after the disclosure for which the account- ing is made; (3) except for disclosures made under subsection, (b)(7) of this section, make the accounting made under paragraph (1) of this subsection available to the individual named in the record at his request; and (4) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with- subsection (d) of this section of any record that has been dis- closed to the person or agency if an accounting of the disclo- sure was made. (d) Access to records.-Each agency that maintains a.system of records shall- (1) upon request by any individual to gain access to his rec- ord or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him. to review the record and have a copy made of all or any portion thereof in a form comprehen- sible to him, except that the agency may require the.individual to furnish a written statement authorizing discussion of that individual's record in the accompanying person's presence; (2) permit the individual to request amendment of a record pertaining to him and- (A) not later than 10 days (excluding Saturdays, Sun- days, and legal public holidays) after the date of receipt of such request, acknowledge in writing such receipt; and Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Approved For Release 2007/09/13: CIA-RDP85M00363R0009020.70025-1 (1) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose' of the agency required to be accomplished by statute or by exec- utive order of the President; (2) collect information to the greatest extent practicable di- rectly from the subject individual when the information may re' Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 5 ? 552a THE AGENCIES GENERALLY (B) promptly, either- (i) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or (ii) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that offi. cial; (3) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such re? fusal, and not later than 30 days (excluding Saturdays, Sun- days, and legal public holidays) from the date on which the in- dividual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period; and if, after his review cordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his dis- agreement with the refusal of the agency, and notify the indi. vidual of the provisions for judicial review of the reviewing of- ficial's determination under subsection (g)(1)(A) of this sec- tion ; (4) in any disclosure, containing information_ about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (3) of this puted and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the rea- sons of the agency for not making the amendments requested. to persons or other agencies to whom the disputed record has been disclosed; and (5) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. (e) Agency requirements.-Each agency that maintains a system Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Ch. ; any portion thereof white accurate, relevant, timely f its refusal to amend ttt request, the reason for tht shed by the agency for tht )f that refusal by the head ignated by the head of tht iness address of that of& tgrees with the refusal of quest a review of such re. excluding Saturdays, Sur,. the date on which the ia. to such review and make a cause shown, the head of And if, after his reviee, amend the record in ac. individual to file with tht ?th the reasons for his dis. ency, and notify the in& eview of the reviewing of. )n (g)(1)(A) of this sec. information about which f disagreement, occurring ler paragraph (3) of thu f the record which is di,- ement and, if the agency ,ise statement of the res- ie amendments requested. i the disputed record hu )w an individual access to )le anticipation of a civil ich information about U v to accomplish a purport hed by statute or by exec- .est extent practicable di- n the information may rt- Ch. ADMINISTRATIVE PROCEDURE 5 ? 552a suit in adverse determinations about an individual's rights, ben- efits, and privileges under Federal programs; (3) inform each individual whom it asks to supply informa- tion, on the form which it uses to collect the information or on a separate form that can be retained by the individual- (A) the authority (whether granted by statute, or by ex- ecutive order of the President) which authorizes the solici- tation of the information and whether disclosure of such information is mandatory or voluntary; (B) the principal purpose or purposes for which the in- formation is intended to be used; (C) the routine uses which may be made of the informa- tion, as published pursuant to paragraph (4) (D) of this subsection; and (D) the effects on him, if any, of not providing all or any part of the requested information; (4) subject to the provisions of paragraph (i l) of this subsection. publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include- (A) the name and location of the system; (B) the categories of individuals on whom records are maintained in the system ; (C) the categories of records maintained in the system.; (D) each routine use of the records contained in the sys- tem, including the categories of users and the purpose of such use; (E) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and dis- posal of the records ; (F) the title and business address of the agency official who is responsible for the system of records; (G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him; (H) the agency procedures whereby an individual can be notified at his request how he can gain access to any rec- ord pertaining to him contained in the system of records, and how he can contest its content; and (I) the categories of sources of records in the system; (5) maintain all records which are used by the agency in making any determination about any individual with such accu- 197 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 5 ? 552a THE AGENCIES GENERALLY Ch. s racy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determina- (6) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection (b) (2) of this section, make rea- sonable efforts to assure that such records are accurate, com- plete, timely, and relevant for agency purposes; (7) maintain no record describing how any individual exer. ly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity; (8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process be- comes a matter of public record; (9) establish rules of conduct for persons involved in the de- sign, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pur- suant to this section and the penalties for noncompliance; (10) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of ards to their security or integrity which could result in sub- stantial harm, embarrassment, inconvenience, or unfairness to- any individual on whom information is maintained; and (11) at least 30 days prior to publication of information un- der paragraph (4) (D) of this subsection, publish in the Federal Register notice of any new use or intended use of the infor- mation in the system, and provide an opportunity for interested (f) Agency rules.-In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules. in accordance with the requirements (including general notice) of section 553 of this title, which shall- (1) establish procedures whereby an individual can be noti- fied in response to his request if any system of records named by the individual contains a record pertaining to him; (2) define reasonable times, places, and requirements for identifying an individual who requests his record or informa- tion pertaining to him before the agency shall make the record or information available to the individual; Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 (3) e upon hi includi sure to cal reco (4) e dividua tion pe the req verse a may be his righ (5) e making for and The Office lish the rul published u to the publi (g)(1) Ci (A) section his req that su (B) I subsect (C) with s is nece the qua efits to record, verse t (D) or any an adv the individ district cou matters un (2) (A) I (g) (1) (A) the individ other way determine t Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 ch, 5 deteness as is reasonably dividual in the detertnina. Ord about an individual to iless the dissemination is of this section, make ru. ecords are accurate, cot. urposes; how any individual exer. mendment unless express dividual about whom the inent to and within the t activity; e notice on an individual is made available to any s when such- process be. ?rsons involved in the de. enance of any system of and instruct each such the requirements of this procedures adopted pur. for noncompliance; strative, technical, and ty and confidentiality of ticipated threats or hai. rich could result in sub} lrierice, or unfairness to maintained; and ation of information ua- n, publish in the Federal tended use of the infor- pportunity for interested r arguments to the agen- t the provisions of thv ystem of records shall requirements (including which shall- individual can be noti- ystem of records named rtaining to him; and requirements for his record or informs- y shall make the record C)J. 5 ADMINISTRATIVE PROCEDURE 5 ? 552a (3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclo- sure to an individual of medical records, including psychologi- cal records, pertaining to him; (4) establish procedures for reviewing a request from an in- dividual concerning the amendment of any record or informa- tion pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial ad- verse agency determination, and for whatever additional means may be necessary for each individual to be able tc exercise fully his rights under this section; and (5) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall annually compile and pub- lish the rules promulgated under this subsection and agency notices published under subsection (e) (4) of this. section in a form available to the public at low cost. (g) (1) Civil remedies.-Whenever any agency (A) makes a determination under subsection (d) (3) of this section not to amend an individual's record in accordance with his request, or fails to make such review in conformity with that subsection; (B) refuses to comply with an individual request under subsection (d)(1) of this section; (C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of. or ben- efits to the individual that may be made on the basis of such record, and consequently a determination is made which is ad- verse to the individual; or (D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. (2) (A) In any suit brought under the provisions of subsection (g)(1)(A) of this section, the court may order the agency to amend the individual's record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ;as- Approved For Release 2007/09/13 :CIA-RDP85M00363R000902070025-1 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 5 ? 552a THE AGENCIES GENERALLY Ch. 5 (B) The court may assess against the United States reasonable at- torney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substan- ti ll a y prevailed. (3) (A) In any suit brought under the provisions of subsection (g)(1)(B) of this section, the court may enjoin the agency from withholding the records and order the production to the complain- ant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection (k) of this section, and the bur. den is on the agency to sustain its action. (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substan. tially prevailed. (4) In any suit brought under the provisions of subsection (g) (1) (C) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of- (A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000; and (B) the costs of the action together with reasonable attorney fees as determined by the court. (5) An action to enforce any liability created under this section may be brought in the district court of the United States in the dis- trict in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the Dis- trict of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepre- sented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a rec- ord prior to September 27, 1975. (h) Rights of legal guardians.-For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental 200 'V J of bl 0 th di e rnJ to of a a pr g5 ru ti to th th of Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 CIL 5 . nited States reasonable at- easonably incurred in ally complainant has substan- e provisions of subsection Ly enjoin the agency froz roduction to the complain- hheld from him. In such a de novo, and may examine era to determine whether withheld under any of the this section, and the bur. United States reasonable easonably incurred in ant. complainant has subs provisions of subsection the court determines tha. intentional or willful, the lual in an amount equal to ,e individual as a result of shall a person entitled to 1,000; and with reasonable attorney reated under this section United States in the di,,,. has his principal place of re situated, or in the Dia- amount in controversy, he cause of action arises, y and willfully misrepre- is section to be disclosed represented is material to to the individual under ny time within two yeah ;representation. Nothing arize any civil action by - of a disclosure of a rec- purposes of this sectior. Lrdian of any individual ue to physical or mental Ch. 5 ADMINISTRATIVE PROCEDURE 5 ? 552a incapacity or age by a court of competent jurisdiction, may act on 1)chalf of the individual. (i) (1) Criminal penalties.-Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifia- ble information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (2) Any officer or employee of any agency who willfully main- tains a system of records without meeting the notice requirements of subsection (e) (4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. (3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than 5,000. (j) General exemptions.-The head of any agency may promulgate rules, in accordance with the requirements (including general no- tice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from any part of this section except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system of records is- - (1) maintained by the Central Intelligence Agency: or (2) maintained by an agency or component thereof which' performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to pre- vent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of (A) infor- mation compiled for the purpose of identifying individual crimi- nal offenders and alleged offenders and consisting only of iden- tifying data and notations of arrests, the nature and disposi- tion of criminal charges, sentencing, confinement, release, and parole and probation status ; (B) information compiled for the purpose of a criminal investigation, including reports of in- formants and investigators, and associated with an identifiable individual; or (C) reports identifiable to an individual compil- ed at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervi- sion. 201 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025- 5 ? 552a THE AGENCIES GENERALLY Ch. 5 At the time rules are adopted under this subsection, the agency. shall include in the statement required under section 553(c) of this title, the reasons why the system of records is to be exempted from a provision of this section. (k) Specific exemptions.-The head of any agency may promul. gate rules, in accordance with the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system oP records within the agency from subsections (c)(3), (d), (e)(1),,(e)(4)(G), (H)., and (I) and (f) of this section if the system of records is- (1) subject to the provisions of section 552(b) (1) of this ti- tle ; (2) investigatory material compiled for law enforcement pur- poses, other than material within the scope of subsection (i)(2) of this section: Provided, however, That if any individual is de- nied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eli- gible, as a result of the maintenance of such material, such ma. terial shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, un- der an implied promise that the identity of the source would be held in confidence; (3) maintained in connection with providing protective als pursuant to section 3056 of title 18; (4) required by statute to be maintained and used solely as statistical records; (5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or ac- cess to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence; (6) testing or examination material used solely to determine individual qualifications. for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process; or (7) evaluation material used to determine potential for pro- motion in the armed services, but only to the extent that the disclo sourc expre confid an im in con At the ti shall inch title, the r a provisio (1) (1) by the A and servic the purpo agency wh sions of t not discos ord, or un sistent wit (2) Eac which wa States as warrant i ment, prio poses of t Archives except tha after the (e)(4)(A) Federal R (3) Eac which is t as a recor its contin after the this sectio chives an except sub tion. Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 (m) Go contract f tem of rec consistent to be appli section an Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 CI 5 subsection, the agency !r section 553(c) of this is to be exempted from m? agency may promul. ens (including general :c), and (e) of this title, agency from subsection. and (f) of this section on 552(b)(1) of this ti. or law enforcement pug. ope of subsection (i)(2) if any individual is de- t he would otherwise be would otherwise be eli- such material, such ma- ial, except to the exteat .Id reveal the identity of the Government under he source would be held date of this section, un- of the source would be providing protective Mates or other individu. olely for the purpose of talifications for Federal ederal contracts, or at- to the extent that the veal the identity of a e Government under an source would be held in to of this section, under .he source would be held iced solely to determine !nt or promotion in the 1 would compromise the examination process; of -mine potential for pro- to the extent that the Ch. 5 ADMINISTRATIVE PROCEDURE 5 ? 552a disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity .,f the source would be held in confidence. At the time rules are adopted under this subsection, the agency ,hall include in the statement required under section 553(c) of this title, the reasons why the system of records.is to be exempted from a provision of this section. (1)(1) Archival records.-Each agency record which is accepted by the Administrator of General Services for storage, processing, and servicing in accordance with section 3103 of title 44 shall, for the purposes of this-section, be considered to be maintained by the agency which deposited the record and shall be subject to the provi- sions of this section. The Administrator of General Services shall not disclose the record except to the agency which maintains the rec- ord, or under rules established by that agency which are not incon- sistent with the provisions of this section. (2) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Govern- ment, prior to the effective date of this section, shall, for the pur- poses of this section. be considered to be maintained by the National Archives and shall not be subject to the provisions of this section, except that a statement generally describing such records (modeled after the requirements relating to records subject to subsections (e)(4)(A) through (G) of this section) shall be published in the Federal Register. (3) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, on or after the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Ar- chives and shall be exempt from the requirements of this section except subsections (e)(4)(A) through (G) and (e)(9) of this see- (m) (1) Government contractors.-11'hen an agency provides by a con- tract for the operation by or on behalf of the agency of a system of rec- ords to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such Fvstem. For purposes of subsection (i) of this section any such contrac- tor and any employee of such contractor, If such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an agency. (2) A consumer reporting agency to which a record is disclosed under section 3712(f) of title 31 shall not be considered a contractor for the purposes of this section. Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1 5 ? 552a THE AGENCIES GENERALLY Ch. 5 (n) ?Mailing lists,-An individual's name and address may not be sold or rented py an agency unless such action is specifically author rized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. (o) Report on new systems.-Each agency shall provide adequate advance notice to Congress and the Office of Management and Budget of any proposal to establish or alter any system of records in order to permit an evaluation of the probable or potential effect of such proposal on the privacy and other personal or property rights of individuals or the disclosure of information relating to such individuals, and its effect on the preservation of the constitu? tional principles of federalism and separation of powers. (p) Annual report..-The President shall annually submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report- (1) describing the actions of the Director of the Office of Afanage- ment and Budget pursuant to section 6 of the Privacy Act of 1974 during the preceding year; (2) describing the exercise of individual rights of access and amendment under this section during such year; (3) identifying changes in or additions to systems of records; (4) containing such other information concerning administration of this section as may be necessary or, useful to the Congress in reviewing the effectiveness of this section in carrying out the purposes of the Privacy Act of 1974. (q) Effect of other laws.-No agency shall rely on any exemption contained in section 552 of this title to withhold from an individual any record which is otherwise accessible to such individual under the provisions of this section. Added Pub.L. 93-579, ? 3, Dec. 31, 1974, 88 Stat. 1897, and amended Pub.L. 94-183, ? 2(2), Dec. 31, 1975, 89 Stat. 1057. Referenrrs in Text. For effective date of this section, referrred to in subsets. (k)(2), (5), (7), (1)(2), (3), and (m), see Effective Date note hereunder. 18:5 Amendment. Subsec. (g)(5). Pub. L. 94-1S3 substituted "to September 27, 1975" for "to the effective date of this section". Effective Date. Section S of Pub.L. 93-579 provided that: "The provisions of this Act [enacting this section and provi. stone set out as notes under this section) Shall be effective on and after the date of enactment [Dec. 31, 1974). except that the amendments made by sections 3 and 4 [enacting this section and amending analysis preceding section 500 of this ti- t1e) shall become effective 270 days fo)- )otring the day on which this Act is en- acted." Short Title, Section 1 of Pob.L. 93-.17 provided: "That this Act [enacting this section and provisions set out as notes under this section) may be cited as the 'Privacy Act of 1974'." Conirres ional Findings and Statemesi of Purpose. Section 2 of Pub.L. 93-SZ provided that: "(a) The Congress finds that- "(1) the privacy of an individual IN directly affected by the collection maintenance, use. and dissemination of personal information by Federal ages- cies; 204 Approved For Release 2007/09/13: CIA-RDP85M00363R000902070025-1