people and is always based not upon the ‘‘need to 
know’’ but upon the fundamental ‘‘right to know’’. 
SEC. 3. PROTECTION OF FEE STATUS FOR NEWS MEDIA. 
Section 552(a)(4)(A)(ii) of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘In making a determination of a representative of the 
news media under subclause (II), an agency may not deny 
that status solely on the basis of the absence of institu-
tional associations of the requester, but shall consider the 
prior publication history of the requester. Prior publica-
tion history shall include books, magazine and newspaper 
articles, newsletters, television and radio broadcasts, and 
Internet publications. If the requestor has no prior publi-
cation history or current affiliation, the agency shall con-
sider the requestor’s stated intent at the time the request 
is made to distribute information to a reasonably broad 
audience.’’. 
SEC. 4. RECOVERY OF ATTORNEY FEES AND LITIGATION 
COSTS. 
Section 552(a)(4)(E) of title 5, United State Code, 
is amended by adding at the end the following: ‘‘For pur-
poses of this section only, a complainant has substantially 
prevailed if the complainant has obtained relief through 
either— 
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‘‘(i) a judicial order, administrative action, 
or an enforceable written agreement or consent 
decree; or 
‘‘(ii) a voluntary or unilateral change in 
position by the opposing party, in a case in 
which the complainant’s claim or defense was 
not frivolous.’’. 
SEC. 5. DISCIPLINARY ACTIONS FOR ARBITRARY AND CA-
PRICIOUS REJECTIONS OF REQUESTS. 
Section 552(a)(4)(F) of title 5, United States Code, 
is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(F)’’; and 
(2) by adding at the end the following: 
‘‘(ii) The Attorney General shall— 
‘‘(I) notify the Special Counsel of each civil ac-
tion described under the first sentence of clause (i); 
and 
‘‘(II) annually submit a report to Congress on 
the number of such civil actions in the preceding 
year. 
‘‘(iii) The Special Counsel shall annually submit a re-
port to Congress on the actions taken by the Special Coun-
sel under clause (i).’’. 
SEC. 6. TIME LIMITS FOR AGENCIES TO ACT ON REQUESTS. 
(a) TIME LIMITS.— 
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(1) IN
GENERAL.—Section 552(a)(6)(A)(i) of 
title 5, United States Code, is amended by striking 
‘‘determine within 20 days (excepting Saturdays, 
Sundays, and legal public holidays) after the receipt 
of any such request’’ and inserting ‘‘within the 20- 
day period commencing on the date on which the re-
quest is first received by the agency (excepting Sat-
urdays, Sundays, and legal public holidays), which 
shall not be tolled without the consent of the party 
filing the request, determine’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall take effect 1 year after the 
date of enactment of this Act. 
(b) APPLICABILITY OF AGENCY FEES.— 
(1) LIMITATION.—Section 552(a)(4)(A) of title 
5, United States Code, is amended by adding at the 
end the following: 
‘‘(vii) An agency may not charge any 
fees under this subparagraph if the agency 
fails to comply with any time limit that ap-
plies under paragraph (6).’’. 
(2) EFFECTIVE DATE AND APPLICATION.—The 
amendment made by this subsection shall take effect 
1 year after the date of enactment of this Act and 
shall apply to requests for information under section 
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