1 17 "(3)(A) Except with respect to the records made availa 2 ble under paragraphs (1) and (2) of this subsection, each 3 agency, upon any request by a requester who is a United 4 States person for records which (i) reasonably describes such 5 records and (ii) is made in accordance with published rules 6 stating the time, place, fees (if any), and procedures to be 7 followed, shall make the records promptly available to the 8 requester. 9 “(B) The time limits prescribed in subparagraph (A) of 10 paragraph 6 shall be tolled whenever the requester (or any 11 person on whose behalf the request is made) is a party to any 12 ongoing judicial proceeding or administrative adjudication in 13 which the Government is also a party and may be requested 14 to produce the records sought. Nothing in this subparagraph 15 shall be construed to bar (i) a request for any records which 16 are not related to the subject matter of such pending proceed17 ing, or (ii) a request for any records which have been denied 18 to a party in the course of a judicial proceeding or adminis19 trative adjudication that is no longer pending. 20 "(C) The Attorney General, in accordance with public 21 rulemaking procedures set forth in section 553 of this title, 22 may by regulation prescribe such limitations or conditions on 23 the extent to which and on the circumstances or manner in 24 which records requested under this paragraph or under sec25 tion 552a of this title shall be made available to requesters 18 1 who are persons imprisoned under sentence for a felony 2 under Federal or State law or who are reasonably believed to 3 be requesting records on behalf of such persons, as he finds to 4 be (i) appropriate in the interests of law enforcement, or for5 eign relations or national defense, or of the efficient adminis6 tration of this section, and (ii) not in derogation of the public 7 information purposes of this section.". 8 9 ORGANIZED CRIME SEC. 14. Section 552 of title 5, United States Code, is 10 amended by adding a new subsection (c) as follows and redes11 ignating the current subsections (c), (d), and (e) as (d), (e), and 12 (f) respectively. "(c) Nothing in this section shall be deemed applicable to documents compiled in any lawful investigation of organized crime, designated by the Attorney General for the purposes of this subsection and conducted by a criminal law enforcement authority for law enforcement purposes, if the requested document was first generated or acquired by such law enforcement authority within five years of the date of the request, except where the agency determines pursuant to regulations promulgated by the Attorney General that there is an overriding public interest in earlier disclosure or in longer exclusion not to exceed three years. Notwith standing any other provision of law, no document de 1 2 3 4 5 6 19 scribed in the preceding sentence may be destroyed or otherwise disposed of until the document is available for disclosure in accordance with subsections (a) and (b) of this section for a period of not less than ten years.". REPORTING UNIFORMITY SEC. 15. Section 552(e) of title 5, United States Code 7 (as redesignated), is amended 20 (1) by striking out "calendar" the second and fourth places it appears and inserting in lieu thereof "fiscal"; (2) by striking out "March" each place it appears and inserting in lieu thereof "December"; (3) in paragraph (4), by striking out "subsection (a)(4)(F)" and inserting in lieu thereof "subsection (a)(4)(I)"; and (4) in the next to last sentence, by striking out "subsections (a)(4) (E), (F), and (G)" and inserting in lieu thereof "subsections (a)(4) (H), (I), and (J).". TECHNICAL DATA PROCEDURES SEC. 16. Title 5 of United States Code is amended by 21 adding after section 559 a new section 560 as follows: 22 "SEC. 560. Each Federal agency maintaining technical 23 data exempt under subsection (b)(10) of section 552 of this 24 title shall promulgate regulations establishing registration (in25 cluding certification) procedures and criteria under which 20 1 qualified United States individuals and business concerns may 2 obtain copies of such Government-owned technical data for 3 purposes of bidding on Government contracts. No data ob4 tained under such procedures may be redisseminated or ex 5 ported except as provided by law.". 7 SEC. 17. Section 552(f) of title 5, United States Code 8 (as redesignated), is amended to read as follows: "(1) 'agency' means any executive department, military 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; "(2) 'submitter' means any person who has submitted to an agency (other than an intelligence agency), or provided an agency access to, trade secrets, or commercial, research, or financial information (other than personal financial information) in which the person has a commercial or proprietary interest; “(3) 'requester' means any person who makes or causes to be made, or on whose behalf is made, proper request for disclosure of records under subsec tion (a); 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 222 223 21 "(4) 'United States person' means a citizen of the United States or an alien lawfully admitted for perma nent residence (as defined in section 101(a)(20) of the Nationality Act, 8 U.S.C. 1101(a)(20)), an unincorporated association a substan tial number of members of which are citizens of the United States or aliens lawfully admitted for perma nent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association that is a foreign power, as de fined in section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)); "(5) 'working days' means every day excluding Saturdays, Sundays, and Federal legal holidays; and "(6) ‘organized crime' means those structured and disciplined associations of individuals or of groups of in dividuals who are associated for the purpose of obtain ing monetary or commercial gains or profits, wholly or in part by illegal means, while generally seeking to protect and promote their activities through a pattern of graft or corruption, and whose associations generally exhibit the following characteristics: "(A) their illegal activities are conspiratorial, |