Page:United States Statutes at Large Volume 103 Part 2.djvu/728

 103 STAT. 1738 PUBLIC LAW 101-194—NOV. 30, 1989 Defense and "(1) any individual in the Central Intelligence Agency, the national security. Defense Intelligence Agency, or the National Security Agency, Classified or any individual engaged in intelligence activities in any information. agency of the United States, if the President finds that, due to the nature of the office or position occupied by such individual, public disclosure of such report would, by revealing the identity of the individual or other sensitive information, compromise the national interest of the United States. In addition, such individ- uals may be authorized, notwithstanding section 104(a), to file such additional reports as are necessary to protect their identity from public disclosure if the President first finds that such filing is necessary in the national interest; or "(2) an independent counsel or person appointed by independ- ent counsel under chapter 40 of title 28, United States Code, whose identity has not otherwise been disclosed. "O^XD Each agency and each supervising ethics office shall, within thirty days after any report is received by such agency or office under this title, permit inspection of such report by or furnish a copy of such report to any person requesting such inspection or copy. The agency or office may require a reasonable fee to be paid in any amount which is found necessary to recover the cost of reproduction or mailing of such report excluding any salary of any employee involved in such reproduction or mailing. A copy of such report may be furnished without charge or at a reduced charge if it is deter- mined that waiver or reduction of the fee is in the public interest. "(2) Notwithstanding paragraph (1), a report may not be made available under this section to any person nor may any copy thereof be provided under this section to any person except upon a written application by such person stating— "(A) that person's name, occupation and address; "(B) the name and address of any other person or organization on whose behalf the inspection or copy is requested; and "(C) that such person is aware of the prohibitions on the obtaining or use of the report. Any such application shall be made available to the public through- out the period during which the report is made available to the public. "(c)(1) It shall be unlawful for any person to obtain or use a report— "(A) for any unlawful purpose; "(B) for any commercial purpose, other than by news and communications media for dissemination to the general public; "(C) for determining or establishing the credit rating of any individual; or "(D) for use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose. "(2) The Attorney General may bring a civil action against any person who obtains or uses a report for any purpose prohibited in paragraph (1) of this subsection. The court in which such action is brought may assess against such person a penalty in any amount not to exceed $10,000. Such remedy shall be in addition to any other remedy available under statutory or common law. "(d) Any report filed with or transmitted to an agency or super- vising ethics office pursuant to this title shall be retained by such agency or office, as the case may be. Such report shall be made available to the public for a period of six years after receipt of the report. After such six-year period the report shall be destroyed

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