by Unknown
or his representative. The administrative authority shall take
the corrective action that the Special Counsel recommends.
(G) In the event of noncompliance with the order of the court,
the district court may punish for contempt the responsi-
ble employee, and in the case of a uniformed service, the
responsible member.
Appendix D: Consumer and Credit Data Privacy Laws
383
(5) Each agency having more than one member shall maintain and
make available for public inspection a record of the final votes of
each member in every agency proceeding.
(6)
(A) Each agency, upon any request for records made under para-
graph (1), (2), or (3) of this subsection, shall—
(i) determine within ten days twenty days (excepting
Saturdays, Sundays, and legal public holidays) after
the receipt of any such request whether to comply with
such request and shall immediately notify the person
making such request of such determination and the
reasons therefore, and of the right of such person to
appeal to the head of the agency any adverse determi-
nation; and
(ii) make a determination with respect to any appeal
within twenty days (excepting Saturdays, Sundays, and
legal public holidays) after the receipt of such appeal.
If on appeal the denial of the request for records is in
whole or in part upheld, the agency shall notify the per-
son making such request of the provisions for judicial
review of that determination under paragraph (4) of
this subsection.
(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
for 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 than ten work-
ing days. As used in this subparagraph, “unusual circum-
stances” 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 sep-
arate from the office processing the request;
(ii) the need to search for, collect, and appropriately exam-
ine 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 hav-
ing substantial subject matter interest therein.
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(B)
(i) In unusual circumstances as specified in this sub-
paragraph, 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 unusual circumstances for such
extension and the date on which a determination is
expected to be dispatched. No such notice shall spec-
ify a date that would result in an extension for more
than ten working days, except as provided in clause
(ii) of this subparagraph.
(ii) With respect to a request for which a written notice
under clause (i) extends the time limits prescribed
under clause (i) of subparagraph (A), the agency shall
notify the person making the request if the request
cannot be processed within the time limit specified in
that clause and shall provide the person an opportu-
nity to limit the scope of the request so that it may be
processed within that time limit or an opportunity to
arrange with the agency an alternative time frame for
processing the request or a modified request. Refusal
by the person to reasonably modify the request or
arrange such an alternative time frame shall be con-
sidered as a factor in determining whether exceptional
circumstances exist for purposes of subparagraph (C).
(iii) As used in this subparagraph, “unusual circum-
stances” means, but only to the extent reasonably
necessary to the proper processing of the particular
requests—
(I) the need to search for and collect the requested
records from field facilities or other establish-
ments that are separate from the office process-
ing the request;
(II) the need to search for, collect, and appropri-
ately examine a voluminous amount of sepa-
rate and distinct records which are demanded
in a single request; or
(III) the need for consultation, which shall be con-
ducted 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 sub-
stantial subject matter interest therein.
Appendix D: Consumer and Credit Data Privacy Laws
385
(iv) Each agency may promulgate regulations, pursuant
to notice and receipt of public comment, provid-
ing for the aggregation of certain requests by the
same requestor, or by a group of requestors acting
in concert, if the agency reasonably believes that
such requests actually constitute a single request,
which would otherwise satisfy the unusual circum-
stances specified in this subparagraph, and the
requests involve clearly related matters. Multiple
requests involving unrelated matters shall not be
aggregated.
(C)
(i) Any person making a request to any agency for
records under paragraph (1), (2), or (3) of this subsec-
tion shall be deemed to have exhausted his admin-
istrative 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 circumstances exist and that
the agency is exercising due diligence in respond-
ing to the request, the court may retain jurisdiction
and allow 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 per-
son 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 per-
son responsible for the denial of such request.
(ii) For purposes of this subparagraph, the term “excep-
tional circumstances” does not include a delay
that results from a predictable agency workload of
requests under this section, unless the agency dem-
onstrates reasonable progress in reducing its backlog
of pending requ
ests.
(iii) Refusal by a person to reasonably modify the scope
of a request or arrange an alternative time frame for
processing the request (or a modified request) under
clause (ii) after being given an opportunity to do so
by the agency to whom the person made the request
shall be considered as a factor in determining whether
exceptional circumstances exist for purposes of this
subparagraph.
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Appendix D: Consumer and Credit Data Privacy Laws
(D)
(i) Each agency may promulgate regulations, pursuant to
notice and receipt of public comment, providing for
multitrack processing of requests for records based
on the amount of work or time (or both) involved in
processing requests.
(ii) Regulations under this subparagraph may provide a per-
son making a request that does not qualify for the fastest
multitrack processing an opportunity to limit the scope
of the request in order to qualify for faster processing.
(iii) This subparagraph shall not be considered to affect
the requirement under subparagraph (C) to exercise
due diligence.
(E)
(i) Each agency shall promulgate regulations, pursuant
to notice and receipt of public comment, providing
for expedited processing of requests for records—
(I) in cases in which the person requesting the
records demonstrates a compelling need; and
(II) in other cases determined by the agency.
(ii) Notwithstanding clause (i), regulations under this
subparagraph must ensure—
(I) that a determination of whether to provide
expedited processing shall be made, and notice
of the determination shall be provided to the
person making the request, within 10 days after
the date of the request; and
(II) expeditious consideration of administrative
appeals of such determinations of whether to
provide expedited processing.
(iii) An agency shall process as soon as practicable any
request for records to which the agency has granted
expedited processing under this subparagraph.
Agency action to deny or affirm denial of a request
for expedited processing pursuant to this subpara-
graph, and failure by an agency to respond in a timely
manner to such a request shall be subject to judicial
review under paragraph (4), except that the judicial
review shall be based on the record before the agency
at the time of the determination.
(iv) A district court of the United States shall not have
jurisdiction to review an agency denial of expedited
Appendix D: Consumer and Credit Data Privacy Laws
387
processing of a request for records after the agency
has provided a complete response to the request.
(v) For purposes of this subparagraph, the term “com-
pelling need” means—
(I) that a failure to obtain requested records on an
expedited basis under this paragraph could rea-
sonably be expected to pose an imminent threat
to the life or physical safety of an individual; or
(II) with respect to a request made by a person pri-
marily engaged in disseminating information,
urgency to inform the public concerning actual
or alleged Federal Government activity.
(vi) A demonstration of a compelling need by a person
making a request for expedited processing shall be
made by a statement certified by such person to be
true and correct to the best of such person’s knowl-
edge and belief.
(F) In denying a request for records, in whole or in part, an
agency shall make a reasonable effort to estimate the vol-
ume of any requested matter the provision of which is
denied, and shall provide any such estimate to the person
making the request, unless providing such estimate would
harm an interest protected by the exemption in subsec-
tion (b) pursuant to which the denial is made.
(b) This section does not apply to matters that are—
(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;
(2) related solely to the internal personnel rules and practices of an
agency;
(3) specifically exempted from disclosure by statute (other than sec-
tion 552b of this title), provided that such statute (A) requires
that the matters be withheld from the public in such a manner as
to leave no discretion on the issue, or (B) establishes particular
criteria for withholding or refers to particular types of matters to
be withheld;
(4) trade secrets and commercial or financial information obtained
from a person and privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters which
would not be available by law to a party other than an agency in
litigation with the agency;
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Appendix D: Consumer and Credit Data Privacy Laws
(6) personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of per-
sonal privacy;
(7) records or information compiled for law enforcement purposes,
but only to the extent that the production of such law enforce-
ment 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)
could reasonably be expected to constitute an unwarranted inva-
sion of personal privacy, (D) could reasonably be expected to dis-
close 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 a criminal law enforce-
ment authority in the course of a criminal investigation or by an
agency conducting a lawful national security intelligence inves-
tigation, 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 individual;
(8) contained in or related to examination, operating, or condition
reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial institu-
tions; or
(9) geological and geophysical information and data, including
maps, concerning wells.
Any reasonably segregable portion of a record shall be provided
to any person requesting such record after deletion of the por-
tions which are exempt under this subsec
tion. The amount of
information deleted shall be indicated on the released portion
of the record, unless including that indication would harm an
interest protected by the exemption in this subsection under
which the deletion is made. If technically feasible, the amount
of the information deleted shall be indicated at the place in the
record where such deletion is made.
(c)
(1) Whenever a request is made which involves access to records
described in subsection (b)(7)(A) and—
(A) the investigation or proceeding involves a possible violation
of criminal law; and
Appendix D: Consumer and Credit Data Privacy Laws
389
(B) there is reason to believe that (i) the subject of the investi-
gation or proceeding is not aware of its pendency, and (ii)
disclosure of the existence of the records could reasonably
be expected to interfere with enforcement proceedings, the
agency may, during only such time as that circumstance
continues, treat the records as not subject to the require-
ments of this section.
(2) Whenever informant records maintained by a criminal law
enforcement agency under an informant’s name or personal
identifier are requested by a third party according to the
informant’s name or personal identifier, the agency may treat
the records as not subject to the requirements of this sec-
tion unless the informant’s status as an informant has been
officially confirmed.
(3) Whenever a request is made which involves access to records
maintained by the Federal Bureau of Investigation pertaining
to foreign intelligence or counterintelligence, or international
terrorism, and the existence of the records is classified infor-
mation as provided in subsection (b)(1), the Bureau may, as
long as the existence of the records remains classified infor-
