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1 shall be deemed to have exhausted his administrative reme2 dies with respect to such request if the agency fails to comply 3 with the applicable time limit provisions of this paragraph. If 4 the agency can show that exceptional circumstances exist 5 and that the agency is exercising due diligence in attempting 6 to respond to the request, the court shall allow the agency 7 additional time to complete its review of the records.".

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SEC. 4. Section 552(b) of title 5, United States Code, is 9 amended

(1) in paragraph (8), by striking out "or" at the end thereof;

(2) in paragraph (9), by striking out the period and inserting in lieu thereof a semicolon; and

(3) by adding at the end thereof the following: "(10) rosters of law enforcement personnel or of the personnel of any national intelligence agency;

"(11) confidential law enforcement training manuals, investigative handbooks, and manuals dealing with investigative technologies, developed by the department or agency, or developed through research contracts entered into by the department or agency; or "(12) any information received on a confidential basis from a foreign government or from a State or

local government agency.".

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1 SEC. 5. (a) Section 552(e) of title 5, United States Code,

2 is amended

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(1) by inserting "(1)" immediately after "(e)"; and

(2) by adding at the end thereof the following: "(2) For the purposes of this section, the term 'person'

6 means a 'United States person' as defined by the Foreign

7 Intelligence Surveillance Act of 1978.".

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

9 end thereof the following:

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"(f) The head of each agency may promulgate regula

11 tions which provide for access to records by, and the avail12 ability of information to, foreign nationals and foreign corpo13 rate entities under the provisions of this section. This section 14 does not require the provision of information or access to 15 records to foreign nationals or to foreign corporate entities.". 16 SEC. 6. Section 552(a)(4)(B) of title 5, United States 17 Code, is amended by inserting the following immediately 18 after the second sentence: "If the court examines the con19 tents of any record of a law enforcement or intelligence 20 agency withheld by the agency under any of the exemptions 21 set forth in subsection (b)(1), (b)(3), or (b)(7), the examination 22 shall be in camera. The court shall maintain under seal any 23 affidavit submitted to the court by a law enforcement or intel24 ligence agency to examine in camera.".

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

2 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 or local government agency or foreign government which furnished information on a confidential basis, and in the 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, (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 speci

fied 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:

3 “(f) A law enforcement agency shall not make available 4 any records maintained, collected, or used for law enforce5 ment purposes which pertain to a law enforcement investiga6 tion until the date which is

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

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 resulting in prosecution, ten years after the termination 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

fine, ten years after the termination of probation, the

term of imprisonment, or the imposition of the fine, as the case may be.".

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:

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

requested under this subsection consists of newspaper

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

date and source.

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

person may make more than one request per year per agency on any general subject. In any case in which a person makes more than one request on the same general subject in consecutive years, the agency shall not be required to copy any portion of the record previous

ly submitted to the requestor but shall only be required

to update the request with information, if any, which has been added to the record since the previous re

quest. Each agency head may promulgate regulations

which provide for exceptions to the requirements of this paragraph.

"(9) In any case in which the record requested contains information which has been received from an

other agency and such information has not been received on a confidential basis, the agency may notify

the person requesting the record that such information

is available with the originating agency and the burden