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1 or content of the record, or part thereof, as exempt from the

2 disclosure provisions of this section.

3 "(iv) Whenever an agency extends the time limitations 4 set forth in subparagraphs (B) or (C), the agency shall send a 5 copy of the written findings of exceptional circumstances to 6 the requester by certified or registered mail at the same time 7 such finding is sent to the submitter: Provided, however, That 8 the copy of such findings sent to the requester shall not prej9 udice in any way the status or content of the record, or part 10 thereof, as exempt from the disclosure provisions of this 11 section.

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"(F) The requester may deem the request for disclosure

13 of records denied if- ·

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"(i) more than forty days after the requester received notice that the requested record was subject to the provisions of this paragraph, the requester has not received written notice that an informal ex parte hearing has been granted, written notice of the final decision of the agency, or a copy of the findings of exceptional circumstances requiring an extension of the time limits of subparagraphs (B) or (C); or

"(ii) more than sixty days after the requester received notice that an informal ex parte hearing has

been granted, the requester has not received either

written notice of the final decision of the agency or a

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copy of the findings of exceptional circumstances re

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quiring an extension of the time limits of subparagraphs (B) or (C).

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"(G) Any written finding made by an agency that ex5 ceptional circumstances require an extension of the time 6 limits of subparagraphs (B) or (C) shall be subject to review 7 in the district court of the United States in the district in 8 which the complainant resides, or has his principal place of 9 business, or in which the agency records are located, or in 10 the District of Columbia. If the reviewing court finds the 11 challenged extension to be unwarranted by the facts, it may 12 declare such extension invalid and order such relief as it 13 deems proper, including initiating de novo review of the re14 quest for disclosure and the related objections of the submit15 ter, pursuant to subparagraph (H), and ordering the award of 16 attorney fees, pursuant to subparagraph (4)(E) of this section. "(H)(i) Any determination made by an agency following 18 the procedures provided by this paragraph to disclose all or 19 part of the records requested to be disclosed shall be subject 20 to de novo review in the district court of the United States in 21 the district in which the complainant resides, or has his prin22 cipal place of business, or in which the agency records con23 taining the information are situated, or in the District of Co24 lumbia. The district court may examine the contents of such 25 records in camera to determine whether such records or any

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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 evi4 dence.

5 "(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

CONFIDENTIALITY PROCEDURES

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 sub17 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 subpara20 graph (B) and inserting in lieu thereof "Subject to the provi21 sions of paragraph (7) of this subsection, on".

22 (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 provi25 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 subpara

3 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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PERSONAL PRIVACY

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 rosters of law enforcement personnel or personnel of any national intelligence agency, if the disclosure would

constitute a clearly unwarranted invasion of personal privacy: As used herein, a disclosure would be an

'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

21 be 'clearly unwarranted' if the detriments of the disclosure are not outweighed by its benefits to the public

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EXEMPTION 7

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

3 Code, is amended to read as follows:

"(7) subject to the provisions of subsection (f), records maintained, collected, or used for law enforcement purposes, but only to the extent that the production of such law enforcement records would (A) interfere 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

cluding a State, local, or foreign government which

furnished information on a confidential basis, and, in 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.".