23 1 (b) The last paragraph of 552(d) is amended by substi 2 tuting "December" for "March" and by substituting for the 3 word "calendar" the second time it appears the word 4 "fiscal". To amend the Freedom of Information Act, and for other purposes. IN THE SENATE OF THE UNITED STATES ОСТОВЕВ 20 (legislative day, ОсТОВЕВ 14), 1981 Mr. HATCH (by request) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Freedom of Information Act, and for other purposes. п 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Freedom of Information 4 Improvements Act of 1981". 5 AMENDMENTS RELATING TO THE OBLIGATION TO MAKE 7 SEC. 2. Section 552(a) of title 5, United States Code, is I 3 5 3 9 2 (1) by adding in subparagraph A. if the inal opinions or orders are cited, used, or relied on as precedent by the agency" after "cases"; and (2) by striking out "a clearly unwarranted" in the second sentence and inserting in lieu thereof "an unwarranted"; (b) by amending paragraph (3) to read as follows: "13A) Except with respect to the records made availa10 bie under paragraphs (1) and (2) of this subsection, each 11 agency, upon any request by any United States person for 12 records which (i) reasonably describes such records and (ii) is 13 made in accordance with published rules stating the time, 14 place, fees (if any), and procedures to be followed, shall make 15 the records promptly available to the requester. 16 "(B) A requester shall not make or maintain a request 17 under this paragraph for records relating to the subject 18 matter of any ongoing judicial or adjudicatory administrative 19 proceeding (civil or criminal) to which the requester, or any 20 person upon whose behalf the requester acts in making the 21 request, is a party. 22 "(C) An agency may require by regulation that each 23 request for records under this section include declarations by 24 the requester that the requester, or any person upon whose 25 behalf the requester acts in making the request, is 2 3 4 3 “(i) a United States person as defined in this sec tion, and "(ii) not barred by subsection (a)(3)(B) from making the request. 5 A request that does not comply with any such regulation 6 requirement is not a proper request under this section."; and (c) by adding the following new paragraphs at the end thereof: 7 8 9 "(7) An agency is not required to disclose any material 10 requested under this subsection which consists of newspaper 11 clippings, magazine articles, court records, publications avail12 able from the Government Printing Office, or any similar 13 items which are in the public record or otherwise publicly 14 available, but the agency shall inform the requester of the 15 nature of such public source materials. 16 "(8) Nothing in this section shall be deemed applicable 17 in any way to the informant records maintained by a law 18 enforcement agency under an informant's name or personal 19 identifier, whenever access to such records is sought by a 20 third party according to the informant's name or personal 21 identifier.". 2222223 23 AMENDMENTS RELATING TO FEES SEC. 3. Paragraph (4)(A) of section 552(a) of title 5, 24 United States Code, is amended— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4 (a) by striking out the second sentence and insert ing in lieu thereof the following: "The schedule may provide for the payment of all costs reasonably attrib utable to responding to the request, including the costs of searching for, reviewing, and duplicating requested records. If the requested records contain commercially valuable technological or reference information, generated or acquired by the Government at substantial cost to the public, fees may be charged which reflect the fair market value or royalties or both, in addition to or in lieu of any processing fees otherwise chargeable, taking into account such factors as the estimated com mercial value of the information, its cost to the Gov ernment, and any public interest served by its disclosure."; and (b) by adding after the word "determines" in the last sentence", in the exercise of its discretion,”. AMENDMENTS RELATING TO THE ADMINISTRATIVE RIGHTS OF SUBMITTERS OF INFORMATION SEC. 4. Paragraph (4) of section 552(a) of title 5, United 21 States Code, is amended 2222223 23 24 25 (a) by redesignating subparagraph (B) as subparagraph (E), and by redesignating subparagraphs (C) through (G) as subparagraphs (J) through (N), respectively; and |