Sec. 8. Nonapplicability of Federal Advisory Committee requirements
837 words·~4 min read·
/bill/118/hr/3066/ih/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 10, of part I of title 5, United States Code, shall not apply to the Commission. Each Commission meeting shall be open to the public. Except when the Commission determines otherwise for reasons of national security, timely notice of each such meeting shall be published in the Federal Register, and the Commission shall publish procedures to provide for other types of public notice to ensure that all interested persons are notified of such meeting prior thereto. Interested persons shall be permitted to attend, appear before, or file statements with the Commission, subject to such reasonable procedures as the Commission may prescribe and publish.
The Commission shall maintain and dispose of all records related to the Commission, its meeting and general business in accordance with statutes governing the maintenance and disposition of records that apply to any agency of the Federal government. In accordance with procedures to be adopted and published by the Commission, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by the Commission shall be available for public inspection and copying at a single location in the offices of the Commission until the Commission ceases to exist and, after the termination of the Commission, such records shall be transferred to the National Archives and Records Administration.
The requirement for public access under paragraph
(2)shall not apply to records that are— specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order; related solely to the internal personnel rules and practices of any Federal agency; specifically exempted from disclosure by statute, if that statute— requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or establishes particular criteria for withholding or refers to particular types of matters to be withheld; trade secrets and commercial or financial information obtained from a person and privileged or confidential; inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency including the Commission in litigation with the agency, provided that the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested; personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information— could reasonably be expected to interfere with enforcement proceedings; would deprive a person of a right to a fair trial or an impartial adjudication; could reasonably be expected to constitute an unwarranted invasion of personal privacy; could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source; would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or could reasonably be expected to endanger the life or physical safety of any individual; contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or geological and geophysical information and data, including maps, concerning wells. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection. The amount of information deleted, and the exemption under which the deletion is made, shall be indicated on the released portion of the record, unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made. If technically feasible, the amount of the information deleted, and the exemption under which the deletion is made, shall be indicated at the place in the record where such deletion is made. Nothing in paragraph
(3)shall be construed as imposing any limitation whatsoever on the scope or subject matter of the Commission’s inquiry. The Commission shall arrange for secure access to all Commission records and a comprehensive Commission report without redaction by any Member of Congress or authorized individual with a required security clearance in appropriately secure facilities. Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order.