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1 part thereof shall be withheld under any of the exemptions 2 set forth in subsection (b) of this section. The burden is on the

3 agency to sustain its action by a preponderance of the evi

4 dence.

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"(ii) The court may assess against the United States

6 reasonable attorney fees and other litigation costs reasonably 7 incurred in any case under this subsection, in which the com8 plainant has substantially prevailed. 9 “(I) Nothing in this paragraph will be construed to be in 10 derogation of any other rights established by law protecting 11 the confidentiality of private information.”.

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CONFORMING AMENDMENTS FOR BUSINESS

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CONFIDENTIALITY PROCEDURES

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SEC. 10. (a) Section 552(a)(3) of title 5, United States

15 Code, is amended by inserting “and except as provided in 16 paragraph (7) of this subsection” immediately after “this sub

17 section".

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(b) Section 552(a)(4)(B) of title 5, United States Code, is

19 amended by striking out “On” at the beginning of subpara

20 graph (B) and inserting in lieu thereof “Subject to the provi21 sions of paragraph (7) of this subsection, on".

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(c) Section 552(a)(6)(A) of title 5, United States Code, is

23 amended by striking out “Each” at the beginning of subpara24 graph (A) and inserting in lieu thereof “Subject to the provi

25 sions of paragraph (7) of this subsection, each”.

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(d) Section 552(a)(6)(B) of title 5, United States Code, is

2 amended by striking out “In" at the beginning of subpara3 graph (B) and inserting in lieu thereof “Subject to the provi4 sions of paragraph (7) of this subsection, in”. 5 (e) Section 552(a)(6)(C) of title 5, United States Code, is

6 amended by striking out “Any" at the beginning of subpara7 graph (C) and inserting in lieu thereof “Subject to the provi8 sions of paragraph (7) of this subsection, any".

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SEC. 11. Section 552(b)(6) of title 5, United States

11 Code, is amended to read as follows:

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“(6) disclosures, including but not limited to disclosures from personnel and medical files and from ros

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ters of law enforcement personnel or personnel of any national intelligence agency, if the disclosure would constitute a clearly unwarranted invasion of personal

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privacy: As used herein, a disclosure would be an

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‘invasion of personal privacy' if the individual could reasonably object to it because of intimacy or possible adverse effects on himself or his family, and it would be clearly unwarranted' if the detriments of the disclosure are not outweighed by its benefits to the public

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interest;”.

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SEC. 12. Section 552(b)(7) of title 5, United States

3 Code, is amended to read as follows:

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(7) subject to the provisions of subsection (f),

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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 person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy or the privacy of a natural person who has been deceased for less than twenty-five years, (D) tend to disclose the identity of a confidential source, in

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cluding a State, local, or foreign government which

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furnished information on a confidential basis, and, in

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case of a record maintained, collected or used by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger the life or physical safety of any natural person.”.

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SEC. 13. Section 552(a)(3) of title 5, United States

3 Code, is amended by adding at the end thereof the following: 4 “The Office of Management and Budget, in accordance with 5 public rulemaking procedures set forth in section 553 of this

6 title may by regulation prescribe such limitations or condi

7 tions on the extent to which and on the circumstances or

8 manner in which records requested under this paragraph or

9 under section 552a of this title shall be made available to

10 requesters who are persons imprisoned under sentence for a 11 felony under Federal or State law or who are reasonably 12 believed to be requesting records on behalf of such persons, 13 as he finds to be (a) appropriate in the interests of law en

14 forcement, of foreign relations and national defense, or of the

15 efficient administration of this section, and (b) not in substan

16 tial derogation of the public information purposes of this

17 section.".

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REPORTING UNIFORMITY

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SEC. 14. Section 552(d) of title 5, United States Code,

20 is amended as follows:

21 (a) The first sentence of section 552(d) of title 5, United 22 States Code, is amended by substituting in lieu of the words

23 before “Speaker” the following: “On or before December 1 24 of each calendar year, each agency shall submit a report cov25 ering the preceding fiscal year to the”.

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1 (b) The last paragraph of 552(d) is amended by substi2 tuting “December” for “March” and by substituting for the 3 word "calendar" the second time it appears the word

4 "fiscal”.

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