Preservation of Confidential Information Act

Summary

Preservation of Confidential Information Act - Amends the Freedom of Information Act to establish procedures under which submitters of information may object to agency disclosure of such information. Requires an agency to give written notice to a submitter of information whenever such agency receives a request for information not already in the public domain which has been obtained from any private source or which concerns any individually identifiable private party. Permits a submitter to provide the agency with written objections to disclosure of the records. Directs an agency to provide a submitter who makes a timely request an informal ex parte hearing. Requires the agency to make a final decision regarding disclosure within 30 days of the hearing. Subjects an agency determination following such procedures to disclose all or part of the records to de novo review in Federal district court. Requires the agency to sustain its action by a preponderance of the evidence. Authorizes the court to assess against the United States attorney fees and other costs in any case in which the complainant has substantially prevailed. Requires the Special Counsel to initiate a disciplinary proceeding whenever the court orders the withholding of agency records improperly disclosed by an agency and issues a written finding that the records raise the question of whether agency personnel acted arbitrarily or capriciously. Includes among the functions of the Director of the Office of Management and Budget the promulgation of a uniform system of rules in conformance with the Freedom of Information Act with which agencies shall make information available to the public.

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1 official file

• Introduced in House

  summary · EN · 16 June 1981

  Open at official source

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