So let me 'splain it to you:

Present case:

In instances where there is a legitimate grounds for not confirming a document's existence, "the agency should simply respond that 'we interpret all or part of your request as a request for records which, if they exist, would not be subject to the disclosure requirements of FOIA pursuant to section 552(c), and we therefore will not process that portion of your request.' This response requires no change to the current FOIA regulation." ******Such a response would preserve a requestor's right to appeal to a federal court.******



Proposed rule:

the component
utilizing the exclusion will respond to the request as if the excluded
records did not exist.