Page:United States Statutes at Large Volume 106 Part 4.djvu/713

 PUBLIC LAW 102-526—OCT. 26, 1992 106 STAT. 3449 (ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure, (h) FEES FOR COPYING. — Executive branch agencies shall— (1) charge fees for copying assassination records; and (2) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code. SEC. 6. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 44 USC 2107 RECORDS. note. Disclosure of assassination records or particular information in assassination records to the public may be postponed subject to the limitations of this Act if there is clear and convincing evidence that^ (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the assassination is of such gravity that it outweighs the public interest, and such public disclosure would reveal— (A) an intelligence agent whose identity currently requires protection; (B) an intelligence source or method which is currently utilized, or reasonably expected to be utiHzed, by the United States Government and which has not been of&ciallv disclosed, the disclosure of which would interfere wim the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations or conduct of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States; (2) the public disclosure of the assassination 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; (3) the public disclosure of the assassination record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; (4) the public disclosure of the assassination record would compromise the existence of an understanding of confidentiality currently requiring protection between a (jovernment agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest; or (5) the public disclosure of the assassination record would reveal a security or protective procedure currently utiHzed, or reasonably expected to be utilized, by the Secret Service or another Government agency responsible for protecting Government officials, and public disclosure would be so harmful that it outweighs the public interest. SEC. 7. ESTABLISHMENl' AND POWERS OF THE ASSASSINATION 44 USC 2107 RECORDS REVIEW BOARD. note. (a) ESTABLISHMENT. —There is established as an independent agency a board to be known as the Assassinations Records Review Board. (b) APPOINTMENT. — -(1) The President, by and with the advice President, and consent of the Senate, shall appoint, without regard to poHtical

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