Page:United States Statutes at Large Volume 88 Part 2.djvu/247

 88 STAT. ]

PUBLIC LAW 93-502-NOV. 21, 1974

1563

" (B) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the reasons foi' such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more U than ten working days. As used in this subparagraph, 'unusual cir- c u"m snt u s u a ls. cirance " cumstances' means, but only to the extent reasonably necessary to the proper processing of the particular request— " (i) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; "(ii) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or "(iii) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein. "(C) Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of this paragraph. If the Government can show exceptional circum- Time extension stances exist and that the agency is exercising due diligence in vlewf^"*^^ ^^' responding to the request, the court may retain jurisdiction and allovr the agency additional time to complete its review of the records. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Any notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request.". SEC. 2. (a) Section 552(b)(1) of title 5, United States Code, is National defense T

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and foreign poli-

amended to read as follows: cy, exemption. " (1)(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order;". (b) Section 552(b)(7) of title 5, United States Code, is amended recrrds"or\°aw to read as follows:

enforcement pur-

"(7) investigatory records compiled for law enforcement pur- p°ses, exemption. poses, but only to the extent that the production of such 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, (D) disclose the identity of a confidential source and, in the case of a record compiled 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 only by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger

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