Page:United States Statutes at Large Volume 100 Part 4.djvu/328

 100 STAT. 3207-49

PUBLIC LAW 99-570—OCT. 27, 1986

dures 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 (F) could reasonably be expected to endanger the life or physical safety of any individual;". (b) EXCLUSIONS.—Section 552 of title 5, United States Code, is amended by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f) respectively, and by inserting after subsection (b) the following new subsection: "(c)(1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) and— "(A) the investigation or proceeding involves a possible violation of criminal law; and "(B) there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section. "(2) Whenever informant records maintained by a criminal law enforcement agency under an informant's name or personal identifier are requested by a third party according to the informant's name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informant's status as an informant has been officially confirmed. "(3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information as provided in subsection (b)(D, the Bureau may, as long as the existence of the records remains classified information, treat the records as not subject to the requirements of this section.". SEC. 1803. FEES AND FEE WAIVERS.

Regulations.

Research and development.

Paragraph (4)(A) of section 552(a) of title 5, United States Code, is amended to read as follows: "(4)(A)(i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies, "(ii) Such agency regulations shall provide that— "(I) fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use; "(II) fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media; and

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