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1 “(3) Any information provided to a prospective employ2 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.".

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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 dis

14 closure would reveal that a criminal investigation concerning 15 the person is in progress.”.

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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 lives 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—

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(1) by striking out “(B) On” in paragraph (4) and inserting in lieu thereof “(B)(i) Except as provided in

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clause (ii), on"; and

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(2) by adding at the end thereof the following:

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“(ii) No court of the United States shall have jurisdiction to enjoin the Central Intelligence Agency from withholding Agency records or to order the production of such records which are being withheld,

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unless such records are the personnel records of an individual the disclosure of which is necessary for obtain

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ing employment by such individual outside the

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(b) Subsection (b) of section 552 of title 5, United States

10 Code, is amended

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(1) in paragraph (2), by inserting before the semi

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colon at the end thereof the following: “other than the Central Intelligence Agency or, in the case of the Cen

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tral Intelligence Agency, related to the internal personnel rules and practices of such Agency or to the

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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

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end thereof the following: “or, in the case of the Central Intelligence Agency, any personnel, medi

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cal, or other similar files of such Agency (other

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than personnel records the disclosure of which is

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necessary for obtaining employment outside such
Agency)";
(3) by amending paragraph (7) to read as follows:
(7) investigatory records compiled for law en-

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forcement or national intelligence purposes, but only to

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“(F) endanger the life or physical safety of law enforcement or national intelligence

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personnel;”;

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(4) by striking out “or” at the end of paragraph

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(5) by striking out the period at the end of para

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graph (9) and inserting in lieu thereof a semicolon;

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(6) by inserting after paragraph (9) the following:

"(10) related to special activities, clandestine collection, or covert operations of the Central Intelligence

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Agency; or

"(11) related to any internal operation, office

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management, or organization of the Central Intelli

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(7) by inserting before the period at the end of the

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second sentence a comma and the following: "except

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that no record of the Central Intelligence Agency shall

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be provided to any such person if any portion of such

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record is exempt under this subsection”.

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(c) Subsection (e) of section 552, title 5, United States

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