I

104TH CONGRESS

2D SESSION H. R. 3885

To amend section 552 of title 5, United States Code, commonly known

as the Freedom of Information Act, to provide for greater efficiency

in providing public access to information and to provide for public access

to information in an electronic format.

IN THE HOUSE OF REPRESENTATIVES

JULY 24, 1996

Mrs. MALONEY (for herself, Mr. HORN, and Mr. TATE) introduced the following bill; which was referred to the Committee on Government Reform and

Oversight

A BILL

To amend section 552 of title 5, United States Code, commonly known as the Freedom of Information Act, to

provide for greater efficiency in providing public access

to information and to provide for public access to information in an electronic format.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. INFORMATION MADE AVAILABLE IN ELEC4 TRONIC FORMAT AND INDEXATION OF

5 RECORDS.

6 Section 552(a)(2) of title 5, United States Code, is

7 amended—
2

•HR 3885 IH

1 (1) in the second sentence, by striking out ‘‘or

2 staff manual or instruction’’ and inserting ‘‘staff

3 manual, instruction, or copies of records referred to

4 in subparagraph (D)’’;

5 (2) by inserting before the period at the end of

6 the 3rd sentence the following: ‘‘, and the extent of

7 such deletion shall be indicated on the portion of the

8 record which is made available or published’’;

9 (3) by inserting after the 3rd sentence the fol10 lowing: ‘‘If technically feasible, the extent of the de11 letion shall be indicated at the place in the record

12 where the deletion was made.’’;

13 (4) in subparagraph (B), by striking ‘‘and’’

14 after the semicolon;

15 (5) by inserting after subparagraph (C) the fol16 lowing:

17 ‘‘(D) copies of all records, regardless of form or

18 format, which have been released to any person

19 under paragraph (3) and which, because of the na20 ture of their subject matter, the agency determines

21 have become or are likely to become the subject of

22 subsequent requests for substantially the same

23 records; and

24 ‘‘(E) a general index of the records referred to

25 under subparagraph (D);’’;
3

•HR 3885 IH

1 (6) by inserting after the 5th sentence the fol2 lowing: ‘‘Each agency shall make the index referred

3 to in subparagraph (E) available by electronic means

4 by December 31, 1999.’’; and

5 (7) by inserting after the 1st sentence the fol6 lowing: ‘‘For records created on or after November

7 1, 1996, within one year after such date, each agen8 cy shall make such records available by computer

9 telecommunications or, if computer telecommuni10 cations means have not been established by the

11 agency, by other electronic means.’’.

12 SEC. 2. REPORT TO THE CONGRESS.

13 Section 552(e) of title 5, United States Code, is

14 amended to read as follows:

15 ‘‘(e)(1) On or before February 1 of each year, each

16 agency shall submit to the Attorney General a report

17 which shall cover the preceding fiscal year and which shall

18 include—

19 ‘‘(A) the number of determinations made by the

20 agency not to comply with requests for records made

21 to such agency under subsection (a) and the reasons

22 for each such determination;

23 ‘‘(B)(i) the number of appeals made by persons

24 under subsection (a)(6), the result of such appeals,
4

•HR 3885 IH

1 and the reason for the action upon each appeal that

2 results in a denial of information; and

3 ‘‘(ii) a complete list of all statutes that the

4 agency relies upon to authorize the agency to with5 hold information under subsection (b)(3), a descrip6 tion of whether a court has upheld the decision of

7 the agency to withhold information under each such

8 statute, and a concise description of the scope of any

9 information withheld;

10 ‘‘(C) the number of requests for records pend11 ing before the agency as of September 30 of the pre12 ceding year, and the median number of days that

13 such requests had been pending before the agency as

14 of that date;

15 ‘‘(D) the number of requests for records re16 ceived by the agency and the number of requests

17 which the agency processed;

18 ‘‘(E) the median number of days taken by the

19 agency to process different types of requests;

20 ‘‘(F) the total amount of fees collected by the

21 agency for processing requests;

22 ‘‘(G) the average amount of time that the agen23 cy estimates as necessary, based on the past experi24 ence of the agency, to comply with different types of

25 requests; and
5

•HR 3885 IH

1 ‘‘(H) the number of full-time staff of the agen2 cy devoted to processing requests for records under

3 this section, and the total amount expended by the

4 agency for processing such requests.

5 ‘‘(2) Each agency shall make each such report avail6 able to the public through a computer network, or if com7 puter network means have not been established by the

8 agency, by other electronic means.

9 ‘‘(3) The Attorney General shall make each report

10 which has been made available by electronic means avail11 able at a single electronic access point. The Attorney Gen12 eral shall notify the Chairman and ranking minority mem13 ber of the Committee on Government Reform and Over14 sight of the House of Representatives and the Chairman

15 and ranking minority member of the Committees on Gov16 ernmental Affairs and the Judiciary of the Senate, no

17 later than April 1 of the year in which each such report

18 is issued, that such reports are available by electronic

19 means.

20 ‘‘(4) The Attorney General, in consultation with the

21 Director of the Office of Management and Budget, shall

22 develop reporting and performance guidelines in connec23 tion with reports required by this subsection by October

24 1, 1997, and may establish additional requirements for
6

•HR 3885 IH

1 such reports as the Attorney General determines may be

2 useful.

3 ‘‘(5) The Attorney General shall submit an annual

4 report on or before April 1 of each calendar year which

5 shall include for the prior calendar year a listing of the

6 number of cases arising under this section, the exemption

7 involved in each case, the disposition of such case, and

8 the cost, fees, and penalties assessed under subparagraphs

9 (E), (F), and (G) of subsection (a)(4). Such report shall

10 also include a description of the efforts undertaken by the

11 Department of Justice to encourage agency compliance

12 with this section.’’.

Æ