8 1 2 3 of disclosure under this section shall be with the origi nating agency.". SEC. 9. Section 552(a)(4)(A) of title 5, United States 4 Code, is amended to read as follows: 5 6 7 8 9 10 11 "(4)(A) Each person requesting a record under this section shall be charged a fee of $10 plus the costs of duplication. Documents shall be furnished without charge or at a reduced charge in any case in which the agency determines that a waiver or reduction of the fee is justified upon a showing of financial hardship.". SEC. 10. (a) Section 552(b) of title 5, United States 12 Code, is amended by striking out "This section does not" and 13 inserting in lieu thereof "Subject to the provisions of subsec14 tion (g), this section does not". 15 (b) Section 552 of such title is amended by adding at the 16 end thereof the following: 17 "(g)(1) Notwithstanding any provision of subsection (b), 18 upon a written request which otherwise meets the require19 ments of this section from a prospective employer engaged in 20 (A) production, distribution, research, special studies or other 21 activities related to the national security, or (B) in the case of 22 a hospital or other health care facility, a business which pro23 vides employees access to drugs or physical access to pa24 tients or residents, a law enforcement agency shall furnish 9 1 the prospective employer the following criminal history infor 2 mation with respect to a prospective employee: 3 4 5 6 7 བ 8 9 10 "(i) Prior convictions other than for misdemeanors, including the date, location, charge, and sentence imposed for each conviction. "(ii) Prior arrests which have not resulted in conviction, other than for misdemeanors, including date, location, charge, and disposition, if three or more such arrests are reflected in the records. "(2)(A) If a law enforcement agency has serious reason 11 to believe that a prospective employee is engaging or has 12 been engaged in espionage, terrorist or terrorist support ac13 tivities, or that such prospective employee is a knowing, 14 active, and purposive member of a group about which the 15 Federal Bureau of Investigation maintains intelligence for 16 national security purposes, the agency, upon a written re17 quest which otherwise meets the requirements of this section 18 by any prospective employer, engaged in production, distri19 bution, research, special studies, or other activities related to 20 the national security, shall so inform such prospective em21 ployer unless the release of such information might prejudice 22 the national security. 23 "(B) No information may be released under subpara 24 graph (A) without the approval of the Attorney General or 25 his designee. 10 1 “(3) Any information provided to a prospective employ 2 er in accordance with this subsection shall be used only by 3 such employer, and the release of such information to any 4 third party by an employer shall be an offense punishable by 5 a fine of not to exceed $10,000.". 6 SEC. 11. Section 552(b) of title 5, United States Code, 7 is amended by adding at the end thereof the following: "Each 8 agency which carries out law enforcement functions shall 9 prepare and furnish the same general standardized written 10 response for issuance to any person making a request for 11 records under this section to be used both in cases where the 12 agency does not have the records requested and in cases 13 where the records are protected from disclosure because dis14 closure would reveal that a criminal investigation concerning 15 the person is in progress.". To exempt certain matters relating to the Central Intelligence Agency from the disclosure requirements of title 5, United States Code. IN THE SENATE OF THE UNITED STATES MAY 20 (legislative day, APRIL 27), 1981 Mr. D'AMATO (for himself, Mr. GOLDWATER, and Mr. NICKLES) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To exempt certain matters relating to the Central Intelligence Agency from the disclosure requirements of title 5, United States Code. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That (a) subsection (a) of section 552 of title 5, United States 4 Code, is amended 5 6 7 8 (1) by striking out "(B) On" in paragraph (4) and inserting in lieu thereof “(B)(i) Except as provided in clause (ii), on"; and (2) by adding at the end thereof the following: 1 2 "(ii) No court of the United States shall have ju 2 risdiction to enjoin the Central Intelligence Agency 3 from withholding Agency records or to order the pro 4 duction of such records which are being withheld, 5 unless such records are the personnel records of an individual the disclosure of which is necessary for obtain 6 7 8 9 ing employment by such individual outside the Agency.". (b) Subsection (b) of section 552 of title 5, United States 10 Code, is amended— (1) in paragraph (2), by inserting before the semicolon at the end thereof the following: "other than the Central Intelligence Agency or, in the case of the Cen tral Intelligence Agency, related to the internal personnel rules and practices of such Agency or to the training or reorientation of personnel of such Agency"; (2) in paragraph (6)— (A) by inserting "of an agency other than the Central Intelligence Agency" after "similar files"; and (B) by inserting before the semicolon at the end thereof the following: "or, in the case of the Central Intelligence Agency, any personnel, medical, or other similar files of such Agency (other than personnel records the disclosure of which is |