Law Enforcement and Public Security Act

Summary

Law Enforcement and Public Security Act - Amends the Freedom of Information Act (FOIA) to modify the current requirement that Government agencies respond to freedom of information requests within ten days to: (1) allow agencies 30 days to respond to a request; and (2) prorate the time for compliance against the number of record pages encompassed by the request (an additional 60 days is allowed for each additional 200 pages, up to a maximum period of one year). Expands the areas exempted from FOIA to include: (1) rosters of law enforcement and intelligence personnel; (2) confidential law enforcement training and investigative technology manuals; and (3) information received on a confidential basis from a foreign, State, or local government. Authorizes the head of each agency to promulgate regulations regarding the availability of information to foreign nationals and foreign corporate entities. Requires a court examination of material for which an exemption is claimed to take place in camera. Directs a court to maintain under seal any affidavit submitted to the court by a law enforcement agency to examine in camera. Revises the exemptions from FOIA to include law enforcement records which would disclose information relating to the investigation of organized crime espionage, or any specified conspiratorial activity. Prohibits a law enforcement agency from making available investigative records for ten years after: (1) the termination of any investigation not resulting in prosecution; or (2) the termination of probation, a term of imprisonment, or imposition of a fine, where the investigation has resulted in a conviction. Allows an agency to identify portions of a record which is public record (such as newspaper clippings or court records) by date and source. Requires any person requesting information to state the number and date of previous requests. Limits any person to one request per year per agency on any general subject (except in the case of financial hardship). Establishes a fee of $10 plus duplication costs for each person requesting a record (except in the case of non-confidential records). Requires a Federal law enforcement agency to furnish a prospective employer engaged in activities related to the national security or which is a hospital, health care facility, or business providing employees access to drugs or physical access to patients or residents with the following criminal history information with respect to a prospective employee: (1) prior convictions other than misdemeanors; and (2) prior arrests not resulting in conviction (other than misdemeanors), if the records reflect three or more such arrests. Requires an agency with the approval of the Attorney General to inform an employer engaged in activities related to the national security of its reasonable belief that a prospective employee is engaging in espionage or terrorist activities or is an active member of a group about which the FBI maintains intelligence for national security purposes. Subjects an employer who releases any such criminal history information to any third party to a fine of up to $10,000. Requires each agency carrying out law enforcement functions to furnish the same general standardized written response for issuance to any person making a request for records to be used in cases where: (1) the agency does not have the records requested; and (2) the records are protected because disclosure would reveal that a criminal investigation concerning the person is in progress.

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Timeline

1. 26 February 1981

   Introduced

   Read second time and referred to Senate Committee on Judiciary.

   Source: IntroReferral

2. 26 February 1981

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 7 March 1981

   Referred

   Referred to Subcommittee on Constitution.

   Source: Committee

4. 15 July 1981

   Committee

   Subcommittee on Constitution. Hearings held.

   Source: Committee

5. 22 July 1981

   Committee

   Subcommittee on Constitution. Hearings held.

   Source: Committee

6. 31 July 1981

   Committee

   Subcommittee on Constitution. Hearings held.

   Source: Committee

7. 24 September 1981

   Committee

   Subcommittee on Constitution. Hearings held.

   Source: Committee

Votes

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Versions

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Documents

1 official file

• Introduced in Senate

  summary · EN · 26 February 1981

  Open at official source

Sponsors

• Sen. Hatch, Orrin G. [R-UT] · R · Sponsor
• · ssju00 · Standing

Related records

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