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 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 imusual 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.
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