Preservation of Confidential Information Act

Summary

Preservation of Confidential Information Act - Amends the Freedom of Information Act to direct each Federal agency to notify a private party within ten days of the receipt of a request for agency records which contain information submitted by the party or specifically concerning the party, unless the records are already in the public domain or the agency has already decided to withhold the records. Requires the agency to notify the party of his or her rights to submit to the agency written objections to the disclosure of the records and to request an informal ex parte hearing on such disclosure. Sets forth time limits for: (1) submitting such disclosure objections and requesting such hearing; and (2) the conduct of the hearing by the agency. Specifies conditions under which the agency may deny a hearing and circumstances under which such time limits may be extended. Directs the agency: (1) to make a final decision on disclosure of the requested records within 30 days after receipt of the party's written objections or conclusion of any disclosure hearing; (2) to notify the party of any circumstances requiring the extension of such time limit; and (3) to notify the party of its final decision by registered or certified mail. Requires an agency, before it may disclose requested records, to provide a party a specified period of time to: (1) submit a request for a disclosure hearing, or (2) petition for the judicial review of an agency decision to deny a hearing or to disclose such records. Requires an agency to notify the person requesting agency records whenever the agency: (1) is required to notify a private party of such request; (2) grants the party's request for a hearing; (3) notifies the party of its final decision; and (4) extends the time limits as authorized under this Act. Proscribes such notification from describing or identifying any information contained in the requested records. Declares that any agency finding to extend any time limits under this Act and any determination to disclose requested records pursuant to procedures under this Act shall be subject to review by an appropriate district court of the United States. Authorizes the court to award attorney's fees to a complainant who substantially prevails in such a case. Exempts from the disclosure provisions of the Freedom of Information Act: (1) proprietary information not customarily disclosed to the public by the person who submitted it; and (2) information which the agency has agreed not to disclose. Prohibits an agency from disclosing such information unless: (1) the person who submitted the information consents in writing to its disclosure; (2) the submitter does not object to its disclosure pursuant to provisions of this Act; or (3) the agency proves that failure to disclose such information would harm an overriding public interest.

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Timeline

1. 6 March 1980

   Introduced

   Referred to Senate Committee on the Judiciary.

   Source: IntroReferral

2. 6 March 1980

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

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Versions

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Documents

1 official file

• Introduced in Senate

  summary · EN · 6 March 1980

  Open at official source

Sponsors

• Sen. Dole, Robert J. [R-KS] · R · Sponsor
• Sen. Lugar, Richard G. [R-IN] · R · Cosponsor
• Rep. Cochran, Thad [R-MS-4] · R · Cosponsor
• · ssju00 · Standing

Related records

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