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SEC. 13. Section 552(a)(3) of title 5, United States

3 Code, is amended by adding at the end thereof the following: 4 “The Office of Management and Budget, in accordance with

5 public rulemaking procedures set forth in section 553 of this

6 title may by regulation prescribe such limitations or condi

7 tions on the extent to which and on the circumstances or

8 manner in which records requested under this paragraph or

9 under section 552a of this title shall be made available to

10 requesters who are persons imprisoned under sentence for a 11 felony under Federal or State law or who are reasonably

12 believed to be requesting records on behalf of such persons,

13 as he finds to be (a) appropriate in the interests of law en

14 forcement, of foreign relations and national defense, or of the

15 efficient administration of this section, and (b) not in substan

16 tial derogation of the public information purposes of this

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SEC. 14. Section 552(d) of title 5, United States Code,

20 is amended as follows:

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(a) The first sentence of section 552(d) of title 5, United

22 States Code, is amended by substituting in lieu of the words 23 before “Speaker” the following: "On or before December 1 24 of each calendar year, each agency shall submit a report cov25 ering the preceding fiscal year to the”.

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(b) The last paragraph of 552(d) is amended by substi

2 tuting “December” for “March” and by substituting for the 3 word "calendar” the second time it appears the word

4 “fiscal”.

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To amend the Freedom of Information Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 20 (legislative day, OCTOBER 14), 1981 Mr. Hatch (by request) 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 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,

3 That this Act may be cited as the “Freedom of Information

4 Improvements Act of 1981".

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AMENDMENTS RELATING TO THE OBLIGATION TO MAKE

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RECORDS AVAILABLE

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

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(1) by adding in subparagraph (A) ", if the final opinions or orders are cited, used, or relied on as precedent by the agency" after “cases”;

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and

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(b) by amending paragraph (3) to read as follows: "(3)(A) Except with respect to the records made availa

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10 ble under paragraphs (1) and (2) of this subsection, each 11 agency, upon any request by any United States person for 12 records which (i) reasonably describes such records and (ü) is

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13 made in accordance with published rules stating the time,

14 place, fees (if any), and procedures to be followed, shall make

15 the records promptly available to the requester.

16 “(B) A requester shall not make or maintain a request
17 under this paragraph for records relating to the subject
18 matter of any ongoing judicial or adjudicatory administrative
19 proceeding (civil or criminal) to which the requester, or any
20 person upon whose behalf the requester acts in making the
21 request, is a party.
22 “(C) An agency may require by regulation that each
23 request for records under this section include declarations by

24 the requester that the requester, or any person upon whose 25 behalf the requester acts in making the request, is

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“(i) a United States person as defined in this section, and

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"() not barred by subsection (a)(3)(B) from

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5 A request that does not comply with any such regulation

6 requirement is not a proper request under this section."; and

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(c) by adding the following new paragraphs at the

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(7) An agency is not required to disclose any material 10 requested under this subsection which consists of newspaper 11 clippings, magazine articles, court records, publications avail12 able from the Government Printing Office, or any similar

13 items which are in the public record or otherwise publicly 14 available, but the agency shall inform the requester of the 15 nature of such public source materials.

16 “(8) Nothing in this section shall be deemed applicable 17 in any way to the informant records maintained by a law 18 enforcement agency under an informant's name or personal 19 identifier, whenever access to such records is sought by a 20 third party according to the informant's name or personal

21 identifier.".

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AMENDMENTS RELATING TO FEES

23 Sec. 3. Paragraph (4)(A) of section 552(a) of title 5, 24 United States Code, is amended

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