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 follow-
ing bill; which was referred to the Committee on Government Reform and
Oversight
A BILL
To amend section 552 of title 5, United States Code, com-
monly 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 infor-
mation in an electronic format.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INFORMATION MADE AVAILABLE IN ELEC-
TRONIC 
FORMAT 
AND 
INDEXATION 
OF
RECORDS.
Section 552(a)(2) of title 5, United States Code, is
amended—
(1) in the second sentence, by striking out ‘‘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 3rd sentence the following: ‘‘, and the extent of
such deletion shall be indicated on the portion of the
record which is made available or published’’;
(3) by inserting after the 3rd sentence the fol-
lowing: ‘‘If technically feasible, the extent of the de-
letion 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 fol-
lowing:
‘‘(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 na-
ture 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 5th sentence the fol-
lowing: ‘‘Each agency shall make the index referred
to in subparagraph (E) available by electronic means
by December 31, 1999.’’; and
(7) by inserting after the 1st sentence the fol-
lowing: ‘‘For records created on or after November
1, 1996, within one year after such date, each agen-
cy shall make such records available by computer
telecommunications or, if computer telecommuni-
cations means have not been established by the
agency, by other electronic means.’’.
SEC. 2. 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 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,
‘‘(H) the number of full-time staff of the agen-
cy 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 avail-
able to the public through a computer network, or if com-
puter network means have not been established by the
agency, by other electronic means.
‘‘(3) The Attorney General shall make each report
which has been made available by electronic means avail-
able at a single electronic access point. The Attorney Gen-
eral shall notify the Chairman and ranking minority mem-
ber of the Committee on Government Reform and Over-
sight of the House of Representatives and the Chairman
and ranking minority member of the Committees on Gov-
ernmental 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, in consultation with the
Director of the Office of Management and Budget, shall
develop reporting and performance guidelines in connec-
tion 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 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.’’.
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