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“(1) the term 'agency' as defined in section

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551(1) of this title includes any executive department,

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military department, Government corporation, Government controlled corporation, or other establishment in

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the executive branch of the Government (including the Executive Office of the President), or any independent

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regulatory agency;

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“(2) the term 'clandestine collection' means the

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acquisition of intelligence information in ways designed to assure the secrecy of the operation;

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“(3) the term 'covert operations' includes clandes

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tine collection and special activities; and

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“(4) the term 'special activities' means activities conducted abroad in support of national foreign policy objectives which are designed to further official United States programs and policies abroad and which are

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planned and executed so that the role of the United

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States Government is not apparent or acknowledged

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publicly, and functions in support of such activities, but not including diplomatic activity or the collection and production of intelligence related

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To amend the Freedom of Information Act to provide a hearing for persons

objecting to disclosure of private confidential information, to preserve the confidential status of certain kinds of private information contained in Government records, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 21 (legislative day, APRIL 27), 1981 Mr. DOLE (for himself, Mr. HATCH, Mr. LAXALT, Mr COCHRAN, Mr. LUGAR,

Mr. Schmitt, and Mr. DECONCINI) 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 to provide a hearing

for persons objecting to disclosure of private confidential information, to preserve the confidential status of certain kinds of private information contained in Government records, and for other purposes.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

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SECTION 1. This Act may be cited as the "Preservation

5 of Confidential Information Act."

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1 NOTICE OF REQUEST FOR DISCLOSURE AND INFORMAL

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HEARING PROCEDURE

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SEC. 2. Section 552(a) of title 5, United States Code, is

4 amended by inserting immediately after paragraph (6) the fol

5 lowing new paragraph: 6 "(7)(A)(i) Whenever an agency receives a request for

7 records which contain or are based on information not al

8 ready in the public domain which has been obtained from any

9 private source or which concerns any individually identifiable 10 private party, and the agency has not decided to withhold

11 such records, the agency shall, within ten working days from 12 the date of receipt of such request, give written notice to the 13 submitter of the information contained in the record, or on

14 which the record is based, of such request. This notice shall

15 describe the nature and scope of the request and advise the

16 submitter of his right to submit written objections and his

17 right to an informal ex parte hearing pursuant to this

18 paragraph.

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“(ii) For the purposes of this section, the terms 'private

20 source' and 'private party' refer to any person (as defined by

21 section 551 of this title) who is not an agency (as defined by

22 this section), an officer or employee of such agency, or any

23 instrumentality, officer, or employee of a State or local

24 government.

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"(iii) For the purposes of this section, the term 'submit

2 ter' includes the private source who provided the requested 3 record, the information contained in the requested record or

4 on which the requested record is based, the private proprietor 5 of such information, and the individually identifiable private

6 party who is the subject of such information.

7 "(B)(i) The submitter may, within ten working days 8 after receipt of the notice, provide the agency with written 9 objections to disclosure of the records requested, clearly and 10 succinctly describing the factual and legal grounds for the 11 objections.

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“(ii) Upon proper request by the submitter made within

13 five working days after receipt of the notice, the agency shall 14 provide the submitter with an opportunity for an informal ex

15 parte hearing at a location suitable for the interests of the

16 submitter and of the agency, except that the agency may

17 deny a request for hearing upon a written determination that

18 on the particular facts of the case the request is clearly frivo19 lous, the requested hearing would severely prejudice specifi20 cally stated interests of the agency or identified third parties, 21 or the requested hearing has been rendered unnecessary by 22 virtue of a determination to deny the underlying request for 23 disclosure. This hearing shall be held no later than thirty 24 days after the agency receives the request for a hearing, but

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1 not earlier than a reasonable time for the submitter to pre

2 pare his presentation for the hearing. 3 "(iThe time limits set forth in this subparagraph may

4 be extended by the agency where required by the circum

5 stances of the case to permit development of the evidence for

6 the record or where required by other exceptional circum

7 stances. When an agency extends such time limits, it shall

8 make a written finding of such circumstances, specifically de9 scribing each such circumstance and why such circumstance

10 justifies an extension of the applicable time limits. The

11 agency shall send the submitter a copy of this finding by 12 certified or registered mail. 13 “(C)(i) Within thirty days after the agency receives the 14 written objections of the submitter, or, if an informal ex parte 15 hearing was held, within thirty days after the conclusion of 16 the hearing, the agency shall make a final decision regarding 17 disclosure of the requested agency records, unless such time 18 limitations are extended by the agency due to the existence 19 of exceptional circumstances justifying such extension. When 20 the agency extends such time limitations, it shall make a 21 written finding of such circumstances, specifically describing 22 each such circumstance and why such circumstance justifies 23 an extension of the applicable time limits. The agency shall 24 send the submitter a copy of this finding by certified or regis

25 tered mail.

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