Sec. 5. Grounds for postponement of public disclosure of records
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/bill/115/hr/1272/ih/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Disclosure of Civil Rights Cold Case records or particular information within a cold case record to the public may be postponed subject to the limitations of this Act if there is clear and convincing evidence that: The threat to the military defense, intelligence operations, or the conduct of domestic affairs of the United States posed by the public disclosure of the cold case record is of such gravity that the disclosure outweighs the public interest and would reveal— an intelligence source or method that is currently used, or reasonably expected to be used, by the United States Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or any other matter relating to the military defense, intelligence operations, or conduct of foreign relations with the United States, the disclosure of which would demonstrably impair the national security of the United States.
The public disclosure of the cold case record would reveal the name or identity of a living person who provided confidential information to the United States and would pose a substantial risk of harm to that person. The public disclosure of the cold case record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that the protection of privacy outweighs the public interest. The public disclosure of the cold case record would compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or group and public disclosure would be so harmful that the understanding of confidentiality outweighs the public interest.
The public record of the cold case record would reveal a security or protective procedure used, or reasonably expected to be used, by the United States Secret Service or another executive agency responsible for protecting Government officials, and public disclosure would be so harmful that protective procedure outweighs the public interest.