1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 11 "(iii) to enjoin the agency from failing to perform its duties under sections (a) (1) and (2).”. (2) by redesignating subparagraphs (C), (D), (E), (F), and (G) as subparagraphs (F), (G), (H), (I), and (J), respectively, and by adding after subparagraph (B) the following new subparagraphs: "(C) In an action based on a complaint "(i) by a requester, the court shall have jurisdiction over any submitter of information contained in the requested records, and any such submitter may intervene as of right in the action; and "(ii) by a submitter, the court shall have jurisdiction over any requester of records containing information which the submitter seeks to have withheld, and any such requester may intervene as of right in the action. "(D) The agency that is the subject of the complaint 18 shall promptly, upon service of a complaint "(i) seeking the production of records, notify each submitter of information contained in the requested rec ords that the complaint was filed; and "(ii) seeking the withholding of records, notify each requester of the records that the complaint was filed. 1 12 "(E) In any case to enjoin the withholding or the disclo 2 sure of records, or the failure to comply with subsection (a) 3 (1) or (2), the court shall determine the matter de novo. The 4 court may examine the contents of requested agency records 5 in camera to determine whether such records or any part 6 thereof shall be withheld under any of the exemptions set 7 forth in subsection (b) of this section. The burden is on the 8 agency to sustain its action to withhold information and the 9 burden is on any submitter seeking the withholding of infor10 mation."; and 11 12 13 14 15 16 17 (3) in redesignated subparagraph (H)— (A) by adding "or any submitter who is a party to the litigation" after "United States"; and (B) by striking out "complainant" and inserting in lieu thereof "requester". PUBLIC RECORD REQUESTS SEC. 6. Section 552(a) of title 5, United States Code, is 18 amended by adding at the end thereof the following new 19 paragraph: 20 "(8) In any instance in which a portion of the records 21 requested under this subsection consists of newspaper clip22 pings, magazine articles, or any other item which is a public 23 record or otherwise available in public records, the agency 24 may offer the requester a choice of (A) furnishing the request25 er with an index identifying such clippings, articles, or other 13 1 items by date and source, provided that such index is already 2 in existence, or (B) notwithstanding the waiver requirements 3 contained in this section, furnishing the requester with copies 4 of such clippings, articles, or other items at the reasonable 5 standard charge for duplication established in the agency's 6 fee schedule.". 7 8 CLARIFY EXEMPTIONS SEC. 7. So much of section 552(b) of title 5, United 9 States Code, as precedes paragraph (1) thereof is amended to 10 read as follows: 11 "(b) The compulsory disclosure requirements of this sec 12 tion do not apply to matters that are—”. 13 14 MANUALS AND EXAMINATION MATERIALS SEC. 8. Section 552(b)(2) of title 5, United States Code, 15 is amended by inserting a comma in lieu of the semicolon at 16 the end thereof and adding the following: "including such 17 materials as (A) manuals and instructions to investigators, 18 inspectors, auditors, or negotiators, to the extent that disclo19 sure of such manuals and instructions could reasonably be 20 expected to jeopardize investigations, inspections, audits, or 21 negotiations, and (B) examination material used solely to de22 termine individual qualifications for employment, promotion, 23 or licensing to the extent that disclosure could reasonably be 24 expected to compromise the objectivity or fairness of the ex25 amination process;". 1 2 14 PERSONAL PRIVACY SEC. 9. Section 552(b)(6) of title 5, United States Code, 3 is amended to read as follows: 4 5 6 7 8 9 10 "(6) records or information concerning individuals, including compilations or lists of names and addresses that could be used for solicitation purposes, the release of which could reasonably be expected to constitute a clearly unwarranted invasion of personal privacy;". LAW ENFORCEMENT SEC. 10. (a) Section 552(b)(7) of title 5, United States 11 Code, is amended to read as follows: "(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) would constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency con 1 2 3 4 5 6 7 8 9 10 15 ducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any natural person;". (b) Section 552(a) of title 5, United States Code, is 11 amended by adding after paragraph (8) thereof the following 12 new paragraph: 13 "(9) Nothing in this section shall be deemed applicable 14 in any way to the informant records maintained by a law 15 enforcement agency under an informant's name or personal 16 identifier, whenever access to such records is sought by a 17 third party according to the informant's name or personal 18 identifier.". 19 20 ADDITIONAL EXEMPTIONS SEC. 11. Section 552(b) of title 5, United States Code, 21 is amended by striking out "or" at the end of paragraph (8), 22 by striking out the period at the end of paragraph (9) and 23 inserting in lieu thereof a semicolon, and by adding the fol24 lowing new paragraphs after paragraph (9): |