Page images
PDF
EPUB

fundamental principle is not disrupted by imbalances in the act's implementation.

[The text of proposed legislation follows:]

[blocks in formation]

To amend the Freedom of Information Act and to effect other changes in the law

for the purpose of increasing the ability of law enforcement agencies to protect the public security.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 26 (legislative day, FEBRUARY 16), 1981 Mr. HATCH 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 to effect other

changes in the law for the purpose of increasing the ability of law enforcement agencies to protect the public security.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the “Law Enforcement and 4 Public Security Act”.

5

AMENDMENTS TO THE FREEDOM OF INFORMATION ACT

6

SEC. 2. Section 552(a)(6XA) of title 5, United States

7 Code, is amended

2

1

(1) by striking out clause (i) and inserting in lieu

2

3

4

thereof the following:

"(i) within thirty days after receipt of the request, notify the person making the request of such receipt, the number of pages encompassed by the request, and the time limits imposed upon the agency under clause

5

6

7

(ü) for responding to the request;

8

“(ü) determine whether to comply with the request and notify the person making the request of such

9

10

determination and the reasons therefor, within sixty

11

12

13

14

15

16

days from receipt of the request (excepting Saturdays, Sundays, and legal public holidays) if the request encompasses less than two hundred pages of records, with an additional sixty days (excepting Saturdays, Sundays, and legal public holidays) permitted for each additional two hundred pages of records encompassed by the request, up to a maximum period of one year;

"(iii) notify the person making the request of the right of such person to appeal to the head of the agency any adverse determination; and"; and

(2) by redesignating clause (ii) as clause (iv).

17

18

19

20

21

22

SEC. 3. The first and second sentences of section

23 552(a)(6)(B) of title 5, United States Code, are amended to

24 read as follows: “Any person making a request to any agency

25 for records under paragraph (1), (2), or (3) of this subsection

3

1 shall be deemed to have exhausted his administrative reme

2 dies with respect to such request if the agency fails to comply 3 with the applicable time limit provisions of this paragraph. If 4 the agency can show that exceptional circumstances exist 5 and that the agency is exercising due diligence in attempting 6 to respond to the request, the court shall allow the agency 7 additional time to complete its review of the records.”.

8

SEC. 4. Section 552(b) of title 5, United States Code, is

9 amended

10

(1) in paragraph (8), by striking out “or” at the

[blocks in formation]

12

13

14

(2) in paragraph (9), by striking out the period and inserting in lieu thereof a semicolon; and

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

“(10) rosters of law enforcement personnel or of the personnel of any national intelligence agency;

15

16

17

"(11) confidential law enforcement training man

18

uals, investigative handbooks, and manuals dealing with investigative technologies, developed by the de

19

20

partment or agency, or developed through research

21

contracts entered into by the department or agency; or

22

"(12) any information received on a confidential

23

basis from a foreign government or from a State or local government agency.”.

24

4

1

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

2 is amended

3

(1) by inserting “(1)” immediately after “(e)”; and 4

(2) by adding at the end thereof the following: 5 “(2) For the purposes of this section, the term 'person' 6 means a 'United States person' as defined by the Foreign

7 Intelligence Surveillance Act of 1978.".

8 (b) Section 552 of that title is amended by adding at the 9 end thereof the following: 10 "(t) The head of each agency may promulgate regula11 tions which provide for access to records by, and the avail12 ability of information to, foreign nationals and foreign corpo13 rate entities under the provisions of this section. This section 14 does not require the provision of information or access to 15 records to foreign nationals or to foreign corporate entities.".

16

SEC. 6. Section 552(a)(4)(B) of title 5, United States

17 Code, is amended by inserting the following immediately

18 after the second sentence: "If the court examines the con

19 tents of any record of a law enforcement or intelligence 20 agency withheld by the agency under any of the exemptions

21 set forth in subsection (b)(1), (b)(3), or (b)(7), the examination

22 shall be in camera. The court shall maintain under seal any 23 affidavit submitted to the court by a law enforcement or intel24 ligence agency to examine in camera.".

« PreviousContinue »