text: 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 copying 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 purpose;
          (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 Government operates;
          (3) the Freedom of Information Act has led to the disclosure of 
      waste, fraud, abuse, and wrongdoing in the Federal Government;
          (4) the Freedom of Information Act has led to the 
      identification of unsafe consumer products, harmful drugs, and 
      serious health hazards;
          (5) Government agencies increasingly use computers to conduct 
      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
          (4) maximize the usefulness of agency records and information 
      collected, maintained, used, retained, and disseminated by the 
      Federal Government.
  
  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) `agency' 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 Government (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 an 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 copies 
      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 
      technically 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 
      semicolon;
          (5) by inserting after subparagraph (C) the following:
          ``(D) copies of all records, regardless of form or format, 
      which have been released to any 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 under 
      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 telecommunications 
      means have not been established by the agency, by other electronic 
      means.''.
  
  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 agency'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 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 setting 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 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 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 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 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 
      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 determination of the request or among 
      two or more components of the agency having substantial 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 requestors 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 predictable 
  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 
  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 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 person primarily 
      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 
  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 the 
  following: ``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.''.
  
  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 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 pending 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 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 
  with the Director of the Office of Management and Budget, shall 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.
      ``(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), 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 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.''.
  
  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.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: Electronic Freedom of Information Act Amendments of 1996 - Amends the Freedom of Information Act (FOIA) to define "record" to mean information maintained by an agency, as a required agency record, in any format, including an electronic format. (Sec. 4) Revises provisions which permit an agency to delete identifying details when it makes available or publishes specified information so as to permit such deletions in copies of all records. Requires that 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 current exemptions (concerning exemptions relating to national security, trade secrets, personal medical files, and etc.) under which the deletion is made.    Requires an agency to make available for public inspection and copying:  (1) copies of all records, regardless of form or format, which have been released to an individual and which, because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records; (2) a general index of such records, which shall be made available electronically by December 31, 1999; and (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. (Sec. 5) Requires that an agency in responding to a request for records 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 agency's automated information system. (Sec. 6) Provides that, respecting a standard for judicial review, 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 and reproducibility. (Sec. 7) Authorizes each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for:  (1) multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests; and (2) an opportunity for an individual making a request that does not qualify for the fastest multitrack processing to limit the scope of the request in order to qualify for faster processing. Directs that the agency, with respect to a request for which a written notice in the case of unusual circumstances extends the time limits prescribed, shall:  (1) notify the requestor if the request cannot be processed within the time limit; and (2) provide the requestor an opportunity to limit the scope of the request so that it may be processed within that time limit or to arrange with the agency an alternative time frame for processing the request or a modified request. Authorizes each agency to 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 requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request (which would otherwise satisfy requirements for unusual circumstances) and the requests involve clearly related matters.  Prohibits the aggregation of multiple requests involving unrelated matters. Prohibits including a delay that results from a predictable agency workload of requests as an exceptional circumstance, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests.  Considers as a factor in determining whether exceptional circumstances exist the refusal by an individual to modify the scope of a request or arrange an alternative time frame for processing a request after being given an opportunity to do so by the agency. (Sec. 8) Directs each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records. Extends the general period for determining whether to comply with a request from ten to 20 days. (Sec. 9) Requires deletions to be indicated, if technically feasible, on the released portion of the record, unless including that indication would harm an interest protected by the exemption under which the deletion is made. (Sec. 10) Revises FOIA reporting requirements. (Sec. 11) Directs each agency head to make publicly available, upon request, reference material or a guide for requesting records or information from the agency, 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.
feat_title: Electronic Freedom of Information Act Amendments of 1996