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SEC. 7. (a) Section 552(b)(7) of title 5, United States

2 Code, is amended to read as follows:

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"(7) subject to the provisions of subsection (1),

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records maintained, collected, or used for law enforce

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ment purposes, but only to the extent that the produc

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tion of such law enforcement records would (A) inter

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fere with enforcement proceedings, (B) deprive a

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person of a right to a fair trial or an impartial adjudi

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cation, (C) constitute an unwarranted invasion of per

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sonal privacy or the privacy of a natural person who has been deceased for less than twenty-five years, (D)

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tend to disclose the identity of a confidential source, including a State or local government agency or foreign government which furnished information on a confidential basis, and in the case of a record maintained, col

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lected, or used by a criminal law enforcement authority

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in the course of a criminal investigation, or by an

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agency conducting a lawful national security intelligence investigation, confidential information furnished

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by the confidential source, (E) disclose investigative

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techniques and procedures, (F) endanger the life or physical safety of any natural person, or (G) disclose information relating to any investigation of organized crime, espionage, or any conspiratorial activity specified by the Attorney General;".

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(b) Section 552 of such title is amended by adding at the

2 end thereof the following:

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"(f) A law enforcement agency shall not make available

4 any records maintained, collected, or used for law enforce

5 ment purposes which pertain to a law enforcement investiga

6 tion until the date which is

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“(1) ten years after the termination of any investi

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gation not resulting in prosecution;

“(2) if the person who is the subject of the record has been the subject of two or more investigations not

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resulting in prosecution, ten years after the termination

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of the last investigation; or

“(3) if the person who is the subject of the record has, as a result of an investigation, been convicted and subject to probation or a sentence of imprisonment or

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fine, ten years after the termination of probation, the

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term of imprisonment, or the imposition of the fine, as

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Sec. 8. Section 552(a) of title 5, United States Code, is

20 amended by adding at the end thereof the following new

21 paragraphs:

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(7) In any case in which a portion of a record

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requested under this subsection consists of newspaper

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clippings, magazine articles, court records, or any other item which is public record or otherwise availa

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ble, the agency shall not be required to copy that portion of the record but shall identify such portions by

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date and source.

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“(8) Any person making a request to an agency for records under this section shall be required to state in the request the number of previous requests that he

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or she has made and the date of each such request. No

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person may make more than one request per year per agency on any general subject. In any case in which a

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person makes more than one request on the same general subject in consecutive years, the agency shall not

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be required to copy any portion of the record previously submitted to the requestor but shall only be required to update the request with information, if any, which

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has been added to the record since the previous re

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quest. Each agency head may promulgate regulations

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which provide for exceptions to the requirements of

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this paragraph.

“(9) In any case in which the record requested

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ceived on a confidential basis, the agency may notify

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the person requesting the record that such information

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is available with the originating agency and the burden

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of disclosure under this section shall be with the origi-
nating agency.”.
SEC. 9. Section 552(a)(4)(A) of title 5, United States

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4 Code, is amended to read as follows:

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“(4)(A) Each person requesting a record under this section shall be charged a fee of $10 plus the costs

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of duplication. Documents shall be furnished without

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charge or at a reduced charge in any case in which the

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agency determines that a waiver or reduction of the

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fee is justified upon a showing of financial hardship.”.

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SEC. 10. (a) Section 552(b) of title 5, United States

12 Code, is amended by striking out “This section does not” and 13 inserting in lieu thereof “Subject to the provisions of subsec14 tion (g), this section does not".

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(b) Section 552 of such title is amended by adding at the

16 end thereof the following:

17 “(g)(1) Notwithstanding any provision of subsection (b), 18 upon a written request which otherwise meets the require

19 ments of this section from a prospective employer engaged in 20 (A) production, distribution, research, special studies or other 21 activities related to the national security, or (B) in the case of

22 a hospital or other health care facility, a business which pro

23 vides employees access to drugs or physical access to pa

24 tients or residents, a law enforcement agency shall furnish

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1 the prospective employer the following criminal history infor

2 mation with respect to a prospective employee:

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“(i) Prior convictions other than for misdemeanors, including the date, location, charge, and sentence

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imposed for each conviction.

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“(ii) Prior arrests which have not resulted in con

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viction, other than for misdemeanors, including date,

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location, charge, and disposition, if three or more such

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10 “(2)(A) If a law enforcement agency has serious reason 11 to believe that a prospective employee is engaging or has 12 been engaged in espionage, terrorist or terrorist support ac13 tivities, or that such prospective employee is a knowing, 14 active, and purposive member of a group about which the 15 Federal Bureau of Investigation maintains intelligence for 16 national security purposes, the agency, upon a written re17 quest which otherwise meets the requirements of this section

18 by any prospective employer, engaged in production, distri19 bution, research, special studies, or other activities related to

20 the national security, shall so inform such prospective em21 ployer unless the release of such information might prejudice 22 the national security. 23 "(B) No information may be released under subpara24 graph (A) without the approval of the Attorney General or

25 his designee.

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