legislation: 93-s-4172
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
This data as json
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| 93-s-4172 | 93 | s | 4172 | A bill to amend section 552 of title 5, United States Code, known as the Freedom of Information Act. | Government Operations and Politics | 1974-11-19 | 1974-11-19 | Referred to Senate Committee on Government Operations. | Senate | Sen. Scott, Hugh [R-PA] | PA | R | S000174 | 8 | Requires each agency of the United States Government to publish and distribute current indexes of matters issued, adopted or promulgated after July 4, 1967, which are required to be maintained by the Freedom of Information Act, or, if the agency determines publication to be unnecessary or impracticable, to make copies available on request at a cost not to exceed the direct cost of duplication. Directs each agency to promulgate regulations specifying a uniform schedule of fees for document search and duplication. Limits such fees to recovery of direct costs, except that the cost of reviewing and examining records may be charged when it is in excess of $100. Provides that documents shall be published without charge or at a reduced charge where the agency determines that such action is in the public interest. Authorizes the District Courts, on complaint, to enjoin an agency from withholding records and to order the production of records improperly withheld. Provides that the Court may examine the records in camera in determining whether they should be withheld under any of the exemptions set forth in the Act. Places the burden on the agency to sustain its action. Requires the agency-defendant to serve an answer to any complaint within 30 days of service of such complaint. Stipulates that proceedings under the Act take precedence over all other cases in the District Court and shall be expedited in every way. Allows the Court to assess reasonable attorney fees and other costs against the United States when the complainant has substantially prevailed. Directs the Civil Service Commission to initiate proceedings to determine whether disciplinary action is warranted against an employee primarily responsible for a withholding, when the District Court has found it to be improper, has assessed costs against the United States, and has issued a written finding that the circumstances raise questions as to whether agency personnel have acted arbitrarily or capriciously. Requires the agency to take whatever corrective action the Commission recommends. Allows the District Court to punish for contempt the responsible employee or officer in the event of non-compliance with the order of the Court. Requires each agency to notify a person making a request within 30 days whether it will comply and the reasons for its decision, and to inform such person of his right to appeal an adverse determination. Requires a decision with respect to an appeal within 20 days, and if denial of the request is upheld on appeal, notification to the requester of the provisions for judicial review under this Act. Provides for extension of these time limits under specified circumstances. States that any person making a request shall be deemed to have exhausted his administrative remedies if the agency fails to comply with the applicable time limits, but allows a court to extend them if the Government can show exceptional circumstance and that the agency is exercising due diligence in responding to the request. Provides that any denial of a request shall set forth the name and title of each person responsible for the denial. Exempts matters properly kept secret under Executive Order in the interest of national defense or foreign policy, but grants jurisdiction to the District Court to examine such records to determine if they have been properly classified. Exempts investigatory records compiled for law enforcement purposes under specified circumstances. Requires each agency to submit to the Speaker of the House and the President of the Senate on or before March 1 of each year a report on requests made under the Freedom of Information Act during the previous year. Requires the Attorney General to submit a report on or before March 1, describing for the prior year the number and disposition of cases, as well as the efforts of the Department of Justice to encourage agency compliance with the Act. Provides that the amendments made by this Act shall take effect on the ninetieth day beginning after the date of enactment of this Act. (Amends 5 U.S.C. 552) | 2025-01-14T19:03:55Z |