‘‘(D) For purposes of this paragraph, the term
‘search’ means to review, manually or by automated
means, agency records for the purpose of locating those
records which are responsive to a request.’’.
SEC. 6. STANDARD FOR JUDICIAL REVIEW.
Section 552(a)(4)(B) of title 5, United States Code,
is amended by adding at the end the following new sen-
tence: ‘‘In addition to any other matters to which a court
accords substantial weight, a court shall accord substan-
tial weight to an affidavit of an agency concerning the
agency’s determination as to technical feasibility under
paragraph (2)(C) and subsection (b) and reproducibility
under paragraph (3)(B).’’.
SEC. 7. ENSURING TIMELY RESPONSE TO REQUESTS.
(a) MULTITRACK PROCESSING.—Section 552(a)(6)
of title 5, United States Code, is amended by adding at
the end the following new subparagraph:
‘‘(D)(i) Each agency may promulgate regulations,
pursuant to notice and receipt of public comment, provid-
ing for multitrack processing of requests for records based
on the amount of work or time (or both) involved in proc-
essing requests.
‘‘(ii) Regulations under this subparagraph may pro-
vide a person 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.’’.
(b) 
UNUSUAL
CIRCUMSTANCES.—Section
552(a)(6)(B) of title 5, United States Code, is amended
to read as follows:
‘‘(B)(i) 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 set-
ting forth the unusual circumstances 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 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 no-
tify 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 opportunity to limit the
scope of the request so that it may be processed within
that time limit or an opportunity to arrange with the agen-
cy 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 considered as a factor in determining
whether exceptional circumstances exist for purposes of
subparagraph (C).
‘‘(iii) As used in this subparagraph, ‘unusual cir-
cumstances’ means, but only to the extent reasonably nec-
essary to the proper processing of the particular re-
quests—
‘‘(I) the need to search for and collect the re-
quested records from field facilities or other estab-
lishments that are separate from the office process-
ing the request;
‘‘(II) the need to search for, collect, and appro-
priately 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 deter-
mination of the request or among two or more com-
ponents of the agency having substantial subject-
matter interest therein.
‘‘(iv) Each agency may promulgate regulations, pur-
suant to notice and receipt of public comment, providing
for the aggregation of certain requests by the same reques-
tor, or by a group of requestors acting in concert, if the
agency reasonably believes that such requests actually con-
stitute a single request, which would otherwise satisfy the
unusual circumstances specified in this subparagraph, and
the requests involve clearly related matters. Multiple re-
quests involving unrelated matters shall not be aggre-
gated.’’.
(c) 
EXCEPTIONAL
CIRCUMSTANCES.—Section
552(a)(6)(C) of title 5, United States Code, is amended
by inserting ‘‘(i)’’ after ‘‘(C)’’, and by adding at the end
the following new clauses:
‘‘(ii) For purposes of this subparagraph, the term ‘ex-
ceptional circumstances’ does not include a delay that re-
sults from a predictable agency workload of requests
under this section, unless the agency demonstrates reason-
able progress in reducing its backlog of pending requests.
‘‘(iii) Refusal by a person to reasonably modify the
scope of a request or arrange an alternative time frame
for processing a 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 excep-
tional circumstances exist for purposes of this subpara-
graph.’’.
SEC. 8. TIME PERIOD FOR AGENCY CONSIDERATION OF
REQUESTS.
(a) EXPEDITED PROCESSING.—Section 552(a)(6) of
title 5, United States Code (as amended by section 7(a)
of this Act), is further amended by adding at the end the
following new subparagraph:
‘‘(E)(i) Each agency shall promulgate regulations,
pursuant to notice and receipt of public comment, provid-
ing 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 mak-
ing 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 ac-
tion to deny or affirm denial of a request for expedited
processing pursuant to this subparagraph, 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
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
‘compelling need’ means—
‘‘(I) that a failure to obtain requested records
on an expedited basis under this paragraph could
reasonably 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 per-
son primarily engaged in disseminating information,
urgency to inform the public concerning actual or al-
leged Federal Government activity.
‘‘(vi) A demonstration of a compelling need by a per-
son 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 knowledge and
belief.’’.
(b) EXTENSION OF GENERAL PERIOD FOR DETER-
MINING WHETHER TO COMPLY WITH A REQUEST.—Sec-
tion 552(a)(6)(A)(i) of title 5, United States Code, is
amended by striking ‘‘ten days’’ and inserting ‘‘20 days’’.
(c) ESTIMATION
OF
MATTER
DENIED.—Section
552(a)(6) of title 5, United States Code (as amended by
section 7 of this Act and subsection (a) of this section),
is further amended by adding at the end the following new
subparagraph:
‘‘(F) In denying a request for records, in whole or
in part, an agency shall make a reasonable effort to esti-
mate the volume 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 esti-
mate would harm an interest protected by the exemption
in subsection (b) pursuant to which the denial is made.’’.
SEC. 9. COMPUTER REDACTION.
Section 552(b) of title 5, United States Code, is
amended in the matter following paragraph (9) by insert-
ing after the period the following: ‘‘The amount of infor-
mation 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.’’.
SEC. 10. REPORT TO THE CONGRESS.
Section 552(e) of title 5, United States Code, is
amended to read as follows:
‘‘(e)(1) On or before February 1 of each year, each
agency shall submit to the Attorney General of the United
States a report which shall cover the preceding fiscal year
and which shall include—
‘‘(A) the number of determinations made by the
agency not to comply with requests for records made
to such agency under subsection (a) and the reasons
for each such determination;
‘‘(B)(i) the number of appeals made by persons
under subsection (a)(6), the result of such appeals,
and the reason for the action upon each appeal that
results in a denial of information; and
‘‘(ii) a complete list of all statutes that the
agency relies upon to authorize the agency to with-
hold information under subsection (b)(3), a descrip-
tion of whether a court has upheld the decision of
the agency to withhold information under each such
statute, and a concise description of the scope of any
information withheld;
‘‘(C) the number of requests for records pend-
ing before the agency as of September 30 of the pre-
ceding year, and the median number of days that
such requests had been pending before the agency as
of that date;
‘‘(D) the number of requests for records re-
ceived by the agency and the number of requests
which the agency processed;
‘‘(E) the median number of days taken by the
agency to process different types of requests;
‘‘(F) the total amount of fees collected by the
agency for processing requests; and
‘‘(G) the number of full-time staff of the agency
devoted to processing requests for records under this
section, and the total amount expended by the agen-
cy for processing such requests.
‘‘(2) Each agency shall make each such report avail-
able to the public including by computer telecommuni-
cations, or if computer telecommunications means have
not been established by the agency, by other electronic
means.
‘‘(3) The Attorney General of the United States shall
make each report which has been made available by elec-
tronic means available at a single electronic access point.
The Attorney General of the United States shall notify
the Chairman and ranking minority member of the Com-
mittee on Government Reform and Oversight of the House
of Representatives and the Chairman and ranking minor-
ity member of the Committees on Governmental Affairs
and the Judiciary of the Senate, no later than April 1 of
the year in which each such report is issued, that such
reports are available by electronic means.
‘‘(4) The Attorney General of the United States, in
consultation with the Director of the Office of Manage-
ment and Budget, shall develop reporting and perform-
ance guidelines in connection with reports required by this
subsection by October 1, 1997, and may establish addi-
tional requirements for such reports as the Attorney Gen-
eral determines may be useful.
‘‘(5) The Attorney General of the United States shall
submit an annual report on or before April 1 of each cal-
endar year which shall include for the prior calendar year
a listing of the number of cases arising under this section,
the exemption involved in each case, the disposition of
such case, and the cost, fees, and penalties assessed under
subparagraphs (E), (F), and (G) of subsection (a)(4).
Such report shall also include a description of the efforts
undertaken by the Department of Justice to encourage
agency compliance with this section.’’.
SEC. 11. REFERENCE MATERIALS AND GUIDES.
Section 552 of title 5, United States Code, is amend-
ed by adding after subsection (f) the following new sub-
section:
‘‘(g) The head of each agency shall prepare and make
publicly available upon request, reference material or a
guide for requesting records or information from the agen-
cy, subject to the exemptions in subsection (b), includ-
ing—
‘‘(1) an index of all major information systems
of the agency;
‘‘(2) a description of major information and
record locator systems maintained by the agency;
and
‘‘(3) a handbook for obtaining various types
and categories of public information from the agency
pursuant to chapter 35 of title 44, and under this
section.’’.
SEC. 12. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this Act shall take effect 180 days after the date of
the enactment of this Act.
(b) PROVISIONS EFFECTIVE ON ENACTMENT.—Sec-
tions 7 and 8 shall take effect one year after the date
of the enactment of this Act.
Passed the House of Representatives September 17,
1996.
Attest:
Clerk.