I
103D CONGRESS
1ST SESSION
H. R. 3394
To amend title 5, United States Code, to require disclosure of information
by the Congress.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 27, 1993
Mr. KLUG (for himself, Mr. BOEHNER, Mr. BONILLA, Mr. GRAMS, Mr.
GREENWOOD, Mr. GILCHREST, Mrs. JOHNSON of Connecticut, Mr.
RAMSTAD, Mr. ROBERTS, Mr. SANTORUM, Mr. SHAYS, Mr. SMITH of
Texas, and Mr. ZIMMER) introduced the following bill; which was referred
jointly to the Committee on House Administration and Government Oper-
ations
A BILL
To amend title 5, United States Code, to require disclosure
of information by the Congress.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. APPLICATION OF INFORMATION DISCLOSURE
REQUIREMENTS TO CONGRESS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, and subject to the amendments made by this
Act, the provisions of section 552 of title 5, United States
Code (popularly known as the ‘‘Freedom of Information
Act’’), shall apply to the legislative branch.
(b) CONFORMING AMENDMENT.—Section 551(1)(A)
of title 5, United States Code (relating to the exclusion
of the Congress from, among other matters, laws requiring
the disclosure of public information), is amended to read
as follows:
‘‘(A) except as that term is used in section
552, the Congress;’’.
SEC. 2. SPECIAL RULES REGARDING APPLICATION OF IN-
FORMATION 
DISCLOSURE 
REQUIREMENTS
TO LEGISLATIVE BRANCH.
(a) AUTHORITY TO DECIDE COMPLAINTS.—Section
552(a)(4) of title 5, United States Code, is amended—
(1) in subparagraph (B) in the first sentence by
inserting before the period the following: ‘‘, except
that in the case of a complaint against an agency in
the legislative branch a member of the Disclosure
Review Board selected under subsection (g)(2) shall
have that jurisdiction’’;
(2) in subparagraph (E) by striking ‘‘The
court’’ and inserting ‘‘The court or member of the
Disclosure Review Board’’; and
(3) by striking ‘‘the court’’ each place it ap-
pears and inserting ‘‘the court or member of the
Disclosure Review Board’’.
(b) PROCEDURES
FOR DECIDING COMPLAINTS.—
Section 552 of title 5, United States Code (relating to the
disclosure of public information), is amended by adding
at the end the following new subsections:
‘‘(g)(1) There is established in the legislative branch
of the Federal Government a board to be known as the
Disclosure Review Board. Each member of the Board shall
have the jurisdiction to hear and determine claims cer-
tified under subsection (i)(4)(B) to the Board and referred
to such member, in accordance with rules issued under
subsection (m), for hearing and determination.
‘‘(2)(A) Members of the Board shall be appointed
from among individuals who are retired from Federal serv-
ice as administrative law judges appointed under section
3105, as follows:
‘‘(i) 3 members shall be appointed by the
Speaker of the House of Representatives.
‘‘(ii) 3 members shall be appointed by the mi-
nority leader of the House of Representatives.
‘‘(iii) 3 members shall be appointed by the ma-
jority leader of the Senate.
‘‘(iv) 3 members shall be appointed by the mi-
nority leader of the Senate.
‘‘(B) Any individual so appointed shall serve on the
Board for a term of 2 years and may be reappointed to
the Board. Any member of the board who is hearing and
determining any claim under this section at the time the
term of such member expires may continue to serve as
a member of the Board until such individual concludes the
determination of such claim.
‘‘(3)(A) For any claim in a complaint under sub-
section (b)(4)(B) filed with the Disclosure Review Board
alleging a failure by a Member of Congress or any individ-
ual on the personal staff of a Member of Congress to make
available information, records, or other material required
by this section to be made available, one of the members
of the Board shall be selected as follows to hear and deter-
mine the claims alleged in such complaint which are cer-
tified under subsection (i)(4)(B):
‘‘(i) If such Member of Congress belongs to the
majority party of the House of Congress to which
such Member belongs, then the minority leader of
such House of Congress shall select the member of
the Board to hear and determine such claim.
‘‘(ii) If such Member of Congress belongs to the
minority party of the House of Congress to which
such Member belongs, then the Speaker of the
House of Representatives (if such Member belongs
to the House of Representatives) or the majority
leader of the Senate (if such Member belongs to the
Senate) shall select the member of the Board to hear
and determine such claim.
‘‘(B) If a claim in a complaint filed under subsection
(b) alleges that a committee of Congress (other than a
joint committee), an agency established in a House of
Congress, or any individual on the staff of such committee
or agency has failed to make available information,
records, or other material required by this section to be
made available, then one of the members of the Board
shall be selected as follows to hear and determine the
claims alleged in such complaint which are certified under
subsection (i)(4)(B):
‘‘(i) If such committee or agency is established
in the House of Representatives, then the Speaker
of the House of Representatives shall select the
member of the Board to hear and determine such
claim.
‘‘(ii) If such committee or agency is established
in the Senate, then the majority leader of the Senate
shall select a member of the Board to hear and de-
termine such claim.