[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3802 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 3802
To amend section 552 of title 5, United States Code, popularly known as
the Freedom of Information Act, to provide for public access to
information in an electronic format, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 1996
Mr. Tate (for himself, Mr. Horn, Mrs. Maloney, and Mr. Peterson of
Minnesota) 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, popularly known as
the Freedom of Information Act, to provide for public access to
information in an electronic format, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Freedom of Information
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--
(1) by redesignating such section as section (f)(1);
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) For purposes of this section, `information', `record', and
any other term used in this section in reference to information
includes such information maintained in an electronic format.''.
SEC. 4. 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 out ``(A)'' the second place it appears and
inserting ``(i)'';
(3) by striking out ``(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.
``(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. 5. 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: ``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. 6. 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 or information.
``(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, unless the person making the
request has (I) agreed upon a longer timeframe for processing the
request, or (II) refused to reasonably modify the request. In the event
that the person making the request refuses to agree upon a reasonable
timeframe for processing the request or to reasonably modify the
request, the agency may offer such refusal as evidence of exceptional
circumstances under subparagraph (C).
``(ii) 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.''.
(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.
``(iii) If a person refuses to reasonably modify the scope of a
request under this section after being requested to do so by the agency
to whom the person made the request, such refusal may be considered
evidence of exceptional circumstances.
``(iv) In determining whether exceptional circumstances exist, a
court may consider the efforts by an agency to reduce the number of
pending requests under this section.''.
SEC. 7. TIME PERIOD FOR AGENCY CONSIDERATION OF REQUESTS.
(a) Expedited Processing.--Section 552(a)(6) of title 5, United
States Code (as amended by section 6(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 subparagraph (A)(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) Agency action to deny or affirm denial of a request for
expedited processing pursuant to this subparagraph, and failure by an
agency to respond timely to such a request--
``(I) may only be for cause; and
``(II) 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) 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 engaged
in disseminating information, compelling urgency to the
public.''.
(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 6 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 provide any such
estimate to the person making the request.''.
SEC. 8. COMPUTER REDACTION.
Section 552(b) of title 5, United States Code, is amended in the
matter following paragraph (9) by striking the period and inserting the
following: ``The deletions shall be indicated on the released portion
of the record. If technically feasible, each deletion shall be
indicated at the place in the record where such deletion was made.''.
SEC. 9. AGENCY REPORTS.
(a) Contents of Annual Reports.--Section 552(e) of title 5, United
States Code, is amended--
(1) in paragraph (6), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (7) as paragraph (10); and
(3) by inserting after paragraph (6) the following new
paragraphs:
``(7) a complete list of all statutes relied on by the
agency to authorize the agency to withhold information, and a
description of the scope of information withholdable;
``(8) the time estimated to be necessary for the agency to
complete requests for information of different categories of
size and complexity in the future;
``(9) reference materials and guides made available by the
agency under subsection (g); and''.
(b) Electronic Availability.--Section 552 of title 5, United States
Code, is amended by redesignating subsection (f) as subsection (h), and
by inserting after subsection (e) the following new subsection:
``(f)(1) The head of each agency shall make information contained
in the reports of the agency under subsection (e) available to the
public--
``(A) by means of computer telecommunications; or
``(B) if computer telecommunications means have not been
established by an agency, by other electronic means.
``(2) The Administrator of the Office of Information and Regulatory
Affairs in the Office of Management and Budget shall establish a single
electronic access point for all agency reports under subsection (e).
The Administrator may delegate this responsibility to the head of any
other appropriate agency.
``(3) This subsection shall apply to agency reports under
subsection (e) submitted after the conclusion of the first fiscal year
beginning after the date of the enactment of the Electronic Freedom of
Information Amendments of 1996.''.
SEC. 10. REFERENCE MATERIALS AND GUIDES.
Section 552 of title 5, United States Code, as amended by section
9(b) of this Act, is further amended by inserting after subsection (f)
the following new subsection:
``(g) The head of each agency shall make available to the public,
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; and
``(2) a description of major information and record locator
systems maintained by the agency.''.
SEC. 11. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall take effect 90 days after the date of the enactment of this Act.
(b) Provisions Effective on Enactment.--Sections 6 and 7 shall take
effect one year after the date of the enactment of this Act.
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