Electronic Freedom of Information Act Amendments of 1996
PL 104-231 (H.R.3802), enacted 10/02/1996

110 STAT. 3048 
PUBLIC LAW 104-231—OCT. 2, 1996 
Public Law 104-231 
104th Congress 
An Act 
Oct. 2, 1996 
[H.R. 3802] 
Electronic 
Freedom of 
Information Act 
Amendments of 
1996. 
Records. 
5 u s e 552 note. 
5 u s e 552 note. 
To amend section 552 of title 5, United States Code, popularly known as the 
Freedom of Information Act, to provide for public access to information in an 
electronic format, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Electronic Freedom of Information 
Act Amendments of 1996". 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) the purpose of section 552 of title 5, United States 
Code, popularly known as the Freedom of Information Act, 
is to require agencies of the Federal Government to make 
certain agency information available for public inspection and 
cop3ang and to establish and enable enforcement of the right 
of any person to obtain access to the records of such agencies, 
subject to statutory exemptions, for any public or private pur-
pose; 
(2) since the enactment of the Freedom of Information 
Act in 1966, and the amendments enacted in 1974 and 1986, 
the Freedom of Information Act has been a valuable means 
through which any person can learn how the Federal Govern-
ment operates; 
(3) the Freedom of Information Act has led to the disclosure 
of waste, fraud, abuse, and wrongdoing in the Federal Govern-
ment; 
(4) the Freedom of Information Act has led to the identifica-
tion of unsafe consumer products, harmful drugs, and serious 
health hazards; 
(5) Government agencies increasingly use computers to con-
duct agency business and to store publicly valuable agency 
records and information; and 
(6) Government agencies should use new technology to 
enhance public access to agency records and information. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) foster democracy by ensuring public access to agency 
records and information; 
(2) improve public access to agency records and information; 
(3) 
ensure 
agency 
compliance 
with 
statutory 
time 
limits; and 
PUBLIC LAW 104-231—OCT. 2, 1996 
110 STAT. 3049 
(4) maximize the usefulness of agency records and informa-
tion collected, maintained, used, retained, and disseminated 
by the Federal Grovemment. 
SEC. 3. APPLICATION OF REQUIREMENTS TO ELECTRONIC FORMAT 
INFORMATION. 
Section 552(f) of title 5, United States Code, is amended to 
read as follows: 
"(f) For purposes of this section, the term— 
"(1) 'agenc/ as defined in section 551(1) of this title includes 
any executive department, military department. Government 
corporation. Government 
controlled 
corporation, 
or 
other 
establishment in the executive branch of the (jovemment 
(including the Executive Office of the President), or any 
independent regulatory agency; and 
"(2) 'record' and any other term used in this section in 
reference to information includes any information that would 
be an agency record subject to the requirements of this section 
when maintained by £in agency in any format, including an 
electronic format.". 
SEC. 4. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND 
INDEXATION OF RECORDS. 
Section 552(a)(2) of title 5, United States Code, is amended— 
(1) in the second sentence, by striking "or staff manual 
or instruction" and inserting "staff manual, instruction, or cop-
ies of records referred to in subparagraph (D)"; 
(2) by inserting before the period at the end of the third 
sentence the following: ", and the extent of such deletion shall 
be indicated on the portion of the record which is made available 
or published, unless including that indication would harm an 
interest protected by the exemption in subsection (b) under 
which the deletion is made"; 
(3) by inserting after the third sentence the following: 
"If technicedly feasible, the extent of the deletion shall be 
indicated at the place in the record where the deletion was 
made."; 
(4) in subparagraph (B), by striking "and" after the semi-
colon; 
(5) by inserting after subparagraph (C) the following: 
"(D) copies of all records, regardless of form or format, 
which have been released to £iny person under paragraph (3) 
and which, because of the nature of their subject matter, the 
agency determines have become or are likely to become the 
subject of subsequent requests for substantially the same 
records; and 
"(E) a general index of the records referred to imder 
subparagraph (D);"; 
(6) by inserting after the fifth sentence the following: "Each 
agency shall make the index referred to in subparagraph (E) 
available by computer telecommunications by December 31, 
1999."; and 
(7) by inserting after the first sentence the following: "For 
records created on or after November 1, 1996, within one year 
after such date, each agency shall make such records available, 
including by computer telecommunications or, if computer tele-
communications means have not been established by the 
agency, by other electronic meems.". 
Availability date. 
Availability date. 
110 STAT. 3050 
PUBLIC LAW 104-231—OCT. 2, 1996 
SEC. 5. HONORING FORM OR FORMAT REQUESTS. 
Section 552(a)(3) of title 5, United States Code, is amended— 
(1) by inserting "(A)" after "(3)"; 
(2) by striking "(A)" the second place it appears and 
inserting "(i)"; 
(3) by striking "(B)" and inserting "(ii)"; and 
(4) by adding at the end the following new subparagraphs: 
"(B) In making any record available to a person under this 
paragraph, an agency shall provide the record in any form or 
format requested by the person if the record is readily reproducible 
by the agency in that form or format. Each agency shall make 
reasonable efforts to maintain its records in forms or formats that 
are reproducible for purposes of this section. 
"(C) In responding under this paragraph to a request for 
records, an agency shall make reasonable efforts to search for 
the records in electronic form or format, except when such efforts 
would significantly interfere with the operation of the agenc/s 
automated information system. 
"(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 sentence: "In addition 
to any other matters to which a court accords substantial weight, 
a court shall accord substantial 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, 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 person 
making a request that does not qualify for the fastest multitrack 
processing an opportimity 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 imusual circumstances as specified in this subpara-
graph, 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 cir-
cumstances for such extension and the date on which a determina-
tion 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. 
PUBLIC LAW 104-231—OCT. 2, 1996 
110 STAT. 3051 
"(ii) With respect to a request for which a written notice under 
Notification. 
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 ceinnot 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 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 £in 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 circumstances' 
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 establishments that are separate 
from the office processing the request; 
"(II) the need to search for, collect, and appropriately exam-
ine a voluminous amount of separate £uid distinct records which 
are demsuided 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 substan-
tial subject-matter interest therein. 
"(iv) Each agency may promulgate regulations, pursuant to 
notice and receipt of public comment, providing for the aggregation 
of certain requests by the same requestor, or by a group of reques-
tors acting in concert, if the agency reasonably believes that such 
requests actually constitute a single request, which would otherwise 
satisfy the unusual circumstances specified in this subparagraph, 
and the requests involve clearly related matters. Multiple requests 
involving unrelated matters shall not be aggregated.". 
(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 'exceptional 
circumstances' does not include a delay that results from a predict-
able agency workload of requests under this section, unless the 
agency demonstrates reasonable 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 
exceptional circumstances exist for purposes of this subparagraph.". 
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 Regulations, 
notice and receipt of public comment, providing for expedited 
processing of requests for records— 
110 STAT. 3052 
PUBLIC LAW 104-231—OCT. 2, 1996 
"(I) in cases in which the person requesting the records 
demonstrates a compelling need; and 
"(11) in other cases determined by the agency, 
"(ii) Notwithstanding clause (i), regulations under this subpara-
graph must ensure— 
Notification. 
"(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 process-
ing. 
"(iii) An agency shall process as soon as practicable any request 
for records to which the agency has granted expedited processing 
Courts. 
under this subparagraph. Agency action 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 jurisdic-
tion 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 expe-
dited 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 person primarily 
engaged in disseminating information, urgency to inform the 
public concerning actual or alleged Federal 
Government 
activity. 
Certification. 
"(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 knowledge and belief.". 
(b) 
EXTENSION 
OF GENERAL 
PERIOD 
FOR DETERMINING 
WHETHER TO COMPLY WITH A REQUEST.—Section 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 estimate 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 estimate 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 inserting after the period 
PUBLIC LAW 104-231—OCT. 2, 1996 
110 STAT. 3053 
the following: "The amount of information deleted shall be indicated 
on the released portion of the record, unless including that indica-
tion 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 determina-
tion; 
"(B)(i) the number of appeals made by persons under sub-
section (a)(6), the result of such appeals, and the reason for 
the action upon each appeal that results in a denial of informa-
tion; and 
"(ii) a complete list of all statutes that the agency relies Lists. 
upon to authorize the agency to withhold information under 
subsection (b)(3), a description 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 pending before 
the agency as of September 30 of the preceding year, and 
the median number of days that such requests had been pend-
ing before the agency as of that date; 
"(D) the number of requests for records received 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 agency for processing such 
requests. 
"(2) Each agency shall make each such report available to 
the public including by computer telecommunications, 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 electronic means 
available at a single electronic access point. The Attorney General 
Notification. 
of the United States shall notify the Chairman and ranking minority 
member of the Committee on Government Reform and Oversight 
of the House of Representatives and the Chairman and ranking 
minority 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 Guidelines, 
with the Director of the Office of Management and Budget, shall 
29-194 O - 96 - 32 : QL 3 Part 4 
110 STAT. 3054 
PUBLIC LAW 104-231—OCT. 2, 1996 
develop reporting and performance guidelines in connection with 
reports required by this subsection by October 1, 1997, and may 
establish additional requirements for such reports as the Attorney 
General determines may be useful. 
Lists. 
"(5) The Attorney General of the United States shall submit 
an annual report on or before April 1 of each calendar 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), £ind (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 amended by 
adding after subsection (f) the following new subsection: 
"(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 agency, subject to the exemptions 
in subsection (b), including— 
"(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.". 
5 u s e 552 note. 
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.—Sections 7 
and 
8 shall take effect one year after the date of the enactment of 
this Act. 
Approved October 2, 1996. 
L E G I S L A T I V E H I S T O R Y — H . R . 3802 (S. 1090): 
HOUSE REPORTS: No. 104-795 (Comm. on Government Reform and Oversight). 
SENATE REPORTS: No. 104-272 accompanying S. 1090 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol 142 (1996): 
Sept. 17, considered and passed House. 
Sept. 18, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Oct. 2, Presidential statement.