A bill to enhance the foreign intelligence and law enforcement activities of the United States by improving the protection of information necessary to their effective operation.
Foreign Intelligence and Law Enforcement Enhancement Act of 1979 - Amends the Central Intelligence Agency Act of 1949 to exempt information in files maintained by the CIA or the National Security Agency from the provisions of any law requiring publication or disclosure if such files have been specifically designated by the Director of Central Intelligence to be concerned with: (1) scientific or technical systems for the collection of foreign intelligence information; (2) special activities and foreign intelligence operations; (3) investigations conducted to determine the suitability of potential foreign intelligence sources; or (4) intelligence and security liaison arrangements with foreign governments, except to the extent that the files contain information on U.S. citizens and permanent resident aliens under the Freedom of Information Act.
Amends the Freedom of Information Act (FOIA) to stipulate that the disclosure provision does not require a law enforcement or intelligence agency to disclose information to any person convicted of a felony under Federal or State law, or to any person acting on such felon's behalf.
Revises the FOIA procedures with respect to law enforcement or intelligence agency records, including requirements that the court: (1) examine such records withheld under certain provisions in camera; and (2) rely on agency affidavits unless there appears to be no basis on which such records could have been specifically designated for limited or restricted dissemination or distribution by an agency authorized to make such a designation.
Revises the FOIA procedures to increase from ten to 60 days the period from the receipt of a request for records by which an agency must determine whether to comply with such request (allows an additional 60 days for each 200 pages of records encompassed by the request). Requires, instead of authorizes, the court to allow an agency additional time to review its records where the Government shows that exceptional circumstances exist and that the agency is exercising due diligence in attempting to respond to the request.
Extends the matters to which the FOIA procedures do not apply to include: (1) records maintained for foreign intelligence, counterintelligence, organized crime, or terrorism purposes; or (2) law enforcement records which would (A) "tend to" disclose (currently, disclose) the identity of a confidential source, including a State or municipal agency or foreign government which furnished information on a confidential basis, or (B) endanger the life or physical safety of any natural person (currently, law enforcement personnel).
Stipulates that the disclosure procedures shall not require a law enforcement or intelligence agency to: (1) make available law enforcement records pertaining to an investigation for seven years after termination of the investigation without prosecution or seven years after prosecution; or (2) disclose any information which would interfere with an ongoing criminal investigation or foreign intelligence activity upon proper certification to the Attorney General and a determination that such interference would result.
Introduced in House
Introduced in House
Referred to House Select Committee on Intelligence.
Referred to House Committee on Government Operations.
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