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EXEMPTION FOR CONFIDENTIAL INFORMATION

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

3 Code, is amended by striking "This” at the beginning of sub4 section (b) and inserting in lieu thereof “The disclosure provi

5 sions of this”.

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

7 amended by striking paragraph (4) and inserting in lieu

8 thereof the following:

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"(4) subject to provisions of subsection (f), (A)

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trade secrets, (B) confidential or privileged commercial or financial information, (C) proprietary information which would not customarily be disclosed to the public

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by the person from whom it was obtained, or (D) infor

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mation which the agency in good faith has obligated

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itself not to disclose;".

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(c) Section 552 of title 5, United States Code, is

17 amended by inserting immediately after subsection (e) the fol

18 lowing new subsection:

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"(t) An agency shall not disclose any records containing

20 or based on, information described under subsection (b)(4)

21 unless

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“(1) the submitter of such information consents in

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"(2) the submitter of such information did not

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make a timely objection to its disclosure pursuant to the provisions of this section; or

“(3) the agency can demonstrate by clear and convincing evidence that the failure of the agency to

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disclose the records would seriously injure an overrid

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Sec. 5. Section 1905 of title 18, United States Code, is

9 amended by adding to the end thereof “This section shall be

10 deemed to fall within the provisions of section 552(b)(3) of

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SEC. 6. The provisions of this Act shall apply to re

14 quests for disclosure of agency records submitted after the

15 effective date of this Act.

97TH CONGRESS

18T SESSION

S. 1730

Entitled the "Freedom of Information Reform Act".

IN THE SENATE OF THE UNITED STATES

OCTOBER 7, 1981 Mr. Hatch introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL

Entitled the "Freedom of Information Reform Act".

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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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SEC. 2. Subparagraph (4)(A) of subsection 552(a) of title

5 5, United States Code, is amended to read as follows:

6 “(4)(A)(i) In order to carry out the provisions of this 7 section, the Office of Management and Budget shall promul 8 gate regulations, pursuant to notice and receipt of public 9 comment and after consultation with the agencies, specifying 10 uniform schedule of fees applicable so far as practicable to all

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1 agencies, and referring specifically to any variances from 2 such schedule for particular agencies—

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“(a) such regulations shall not provide for any fees to be charged by any agency with respect to any request or series of related requests which requires no more than two hours of services by agency personnel

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to process and which results in making available copies

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of no more than twenty pages of records,

"(b) such regulations shall provide for reasonable

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standard charges for the cost of services by agency

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personnel in search, duplication, and other processing

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of such request, and for other costs incurred in process

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ing the request. The term 'processing' does not include services of agency personnel in resolving issues of law

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and policy involved in a request, but may include examining records for possible withholding or deletions to

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carry out determinations of law or policy. Subject to the provision for free processing set forth in (a) above, such regulations may also provide for standard flat charges to categories having similar processing costs,

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(c) such regulations, may, in the case of any request or series of related requests for records containing commercially valuable technological information which was generated or acquired by the Government

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at substantial cost to the public, provide for the charging of a fair value fee or royalties, or both, in addition

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to or in lieu of any processing fees otherwise chargeable, taking account of such factors as the estimated

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commercial value of the technological information, its cost to the Government, any public interest in encouraging its utilization, and other factors comparable to

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those set forth in the Federal user charge statute, sec

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tion 483a of title 31, United States Code.

10 Nothing in this subparagraph shall supersede fees chargeable 11 under a statute specifically providing for setting the level of 12 fees for particular types of records. 13 "(ii) Documents may be furnished without charge or at

14 a reduced charge where the agency determines that waiver 15 or reduction of the fee meets a substantial public interest

16 because furnishing the information can be considered as pri17 marily benefiting the general public. In determining whether 18 to waive or reduce a fee, an agency may consider the follow

19 ing:

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“(a) the extent, if any, by which the cost of computing and collecting it may exceed the amount of the

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fee,

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“(b) permitting use of this Act by indigent persons

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who might otherwise be unable to make a request due

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