[Pages H10447-H10452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ELECTRONIC FREEDOM OF INFORMATION ACT AMENDMENTS OF 1996

Mr. HORN. Mr. Speaker, I move to suspend the rules and pass the bill
(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, as amended.
The Clerk read as follows:

H.R. 3802

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 Act 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
to read as follows:
``(f) For purposes of this section, the term--

[[Page H10448]]

``(1) `agency' as defined in section 551(1) of this title
includes any executive department, military department,
Government corporation, Government controlled corporation, or
other establishment in the executive branch of the Government
(including the Executive Office of the President), or any
independent regulatory agency; and
``(2) `record' and any other term used in this section in
reference to information includes any information that would
be an agency record subject to the requirements of this
section when maintained by an agency in any format, including
an electronic format.''.

SEC. 4. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND
INDEXATION OF RECORDS.

Section 552(a)(2) of title 5, United States Code, is
amended--
(1) in the second sentence, by striking ``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 third
sentence the following: ``, and the extent of such deletion
shall be indicated on the portion of the record which is made
available or published, unless including that indication
would harm an interest protected by the exemption in
subsection (b) under which the deletion is made'';
(3) by inserting after the third sentence the following:
``If technically feasible, the extent of the deletion 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 following:
``(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 nature 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 fifth sentence the following:
``Each agency shall make the index referred to in
subparagraph (E) available by computer telecommunications by
December 31, 1999.''; and
(7) by inserting after the first sentence the following:
``For records created on or after November 1, 1996, within
one year after such date, each agency shall make such records
available, including by computer telecommunications or, if
computer telecommunications means have not been established
by the agency, by other electronic means.''.

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 agency'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 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, except as provided in clause
(ii) of this subparagraph.
``(ii) With respect to a request for which a written notice
under clause (i) extends the time limits prescribed under
clause (i) of subparagraph (A), the agency shall notify the
person making the request if the request cannot be processed
within the time limit specified in that clause and shall
provide the person an opportunity to limit the scope of the
request so that it may be processed within that time limit or
an opportunity to arrange with the agency an alternative time
frame for processing the request or a modified request.
Refusal by the person to reasonably modify the request or
arrange such an alternative time frame shall be considered as
a factor in determining whether exceptional circumstances
exist for purposes of subparagraph (C).
``(iii) 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.
``(iv) Each agency may promulgate regulations, pursuant to
notice and receipt of public comment, providing for the
aggregation of certain requests by the same requestor, or by
a group of requestors acting in concert, if the agency
reasonably believes that such requests actually constitute a
single request, which would otherwise satisfy the unusual
circumstances specified in this subparagraph, and the
requests involve clearly related matters. Multiple requests
involving unrelated matters shall not be aggregated.''.
(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, unless the agency demonstrates reasonable
progress in reducing its backlog of pending requests.
``(iii) Refusal by a person to reasonably modify the scope
of a request or arrange an alternative time frame for
processing a request (or a modified request) under clause
(ii) after being given an opportunity to do so by the agency
to whom the person made the request shall be considered as a
factor in determining whether exceptional circumstances exist
for purposes of this subparagraph.''.

SEC. 8. TIME PERIOD FOR AGENCY CONSIDERATION OF REQUESTS.

(a) Expedited Processing.--Section 552(a)(6) of title 5,
United States Code (as amended by section 7(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 clause (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) An agency shall process as soon as practicable any
request for records to which the agency has granted expedited
processing under this subparagraph. Agency action to deny or
affirm denial of a request for expedited processing pursuant
to this subparagraph, and failure by an agency to respond in
a timely manner to such a request 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) A district court of the United States shall not have
jurisdiction to review an agency denial of expedited
processing of a request for records after the agency has
provided a complete response to the request.
``(v) 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

[[Page H10449]]

pose an imminent threat to the life or physical safety of an
individual; or
``(II) with respect to a request made by a person primarily
engaged in disseminating information, urgency to inform the
public concerning actual or alleged Federal Government
activity.
``(vi) A demonstration of a compelling need by a person
making a request for expedited processing shall be made by a
statement certified by such person to be true and correct to
the best of such person's knowledge and belief.''.
(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 7 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 shall provide any such estimate to the person
making the request, unless providing such estimate would harm
an interest protected by the exemption in subsection (b)
pursuant to which the denial is made.''.

SEC. 9. COMPUTER REDACTION.

Section 552(b) of title 5, United States Code, is amended
in the matter following paragraph (9) by inserting after the
period the following: ``The amount of information deleted
shall be indicated on the released portion of the record,
unless including that indication would harm an interest
protected by the exemption in this subsection under which the
deletion is made. If technically feasible, the amount of the
information deleted shall be indicated at the place in the
record where such deletion is made.''.

SEC. 10. 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 of the United States 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, and the reason
for the action upon each appeal that results in a denial of
information; and
``(ii) a complete list of all statutes that the agency
relies upon to authorize the agency to withhold information
under subsection (b)(3), a description of whether a court has
upheld the decision of the agency to withhold information
under each such statute, and a concise description of the
scope of any information withheld;
``(C) the number of requests for records pending before the
agency as of September 30 of the preceding year, and the
median number of days that such requests had been pending
before the agency as of that date;
``(D) the number of requests for records received by the
agency and the number of requests which the agency processed;
``(E) the median number of days taken by the agency to
process different types of requests;
``(F) the total amount of fees collected by the agency for
processing requests; and
``(G) the number of full-time staff of the agency 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 available to
the public including by computer telecommunications, or if
computer telecommunications means have not been established
by the agency, by other electronic means.
``(3) The Attorney General of the United States shall make
each report which has been made available by electronic means
available at a single electronic access point. The Attorney
General of the United States shall notify the Chairman and
ranking minority member of the Committee on Government Reform
and Oversight of the House of Representatives and the
Chairman and ranking minority member of the Committees on
Governmental 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 of the United States, in
consultation with the Director of the Office of Management
and Budget, shall develop reporting and performance
guidelines in connection 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 of the United States 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.''.

SEC. 11. REFERENCE MATERIALS AND GUIDES.

Section 552 of title 5, United States Code, is amended by
adding after subsection (f) the following new subsection:
``(g) The head of each agency shall prepare and make
publicly available upon request, reference material or a
guide for requesting records or information from the agency,
subject to the exemptions in subsection (b), including--
``(1) an index of all major information systems of the
agency;
``(2) a description of major information and record locator
systems maintained by the agency; and
``(3) a handbook for obtaining various types and categories
of public information from the agency pursuant to chapter 35
of title 44, and under this section.''.

SEC. 12. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), this
Act shall take effect 180 days after the date of the
enactment of this Act.
(b) Provisions Effective on Enactment.--Sections 7 and 8
shall take effect one year after the date of the enactment of
this Act.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Horn] and the gentlewoman from New York [Mrs. Maloney]
each will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Horn].
Mr. HORN. Mr. Speaker, I will take 2 minutes, and then I am going to
yield to the gentleman from Washington [Mr. Tate] for the explanation
of the bill.
The hallmark of a free society is that those who are governed have
access to the information within the control of those who govern.
James Madison put it very well when he wrote very elegantly over two
centuries ago:

A popular government without popular information or the
means of acquiring it, is but a Prologue to a Farce or a
Tragedy, or perhaps both. Knowledge will forever govern
ignorance, and a people who mean to be the governors, must
arm themselves with the power knowledge gives.

Madison, whom we honor with the Madison Library of the Library of
Congress, was certainly one of the most thoughtful of our founders and
considered by many to be the Father of The Constitution.
In this spirit, 30 years ago Congress passed the Freedom of
Information Act, commonly referred to as the FOIA. The committee report
that accompanied the original act summarized it as providing a ``true
Federal public records statute by requiring the availability, to any
member of the public, of all executive branch records'' described in
that act. Since its enactment, the annual number of requests which
departments and agencies received has grown to more than 600,000
requests a year.
The benefits that the Freedom of Information Act provides the public
matter deeply to Congress. In 1995, the very first report issued by the
House Committee on Government Reform and Oversight was A Citizen's
Guide on Using the Freedom of Information Act and the Privacy Act of
1974 to Request Government Records. This popular publication, available
from the Government Printing Office helps average citizens understand
their right to obtain government records.
H.R. 3802 clarifies that records kept electronically are subject to
disclosure under the Freedom of Information Act. The bill also makes
procedural changes in the administration of the law. It strengthens
agency reporting requirements. It also requires that more information
be available to the public via the Internet.
The Electronic Freedom of Information Amendments of 1996 was
introduced by the gentleman from Washington [Mr. Tate], our
subcommittee's ranking member, the gentlewoman from New York [Mrs.
Maloney], the gentleman from Minnesota [Mr. Peterson], and myself. We
were the original cosponsors.
I understand that Senator Leahy intends to offer this identical bill
on the floor of the other body as a substitute to S. 1090. The Senate
Committee on the Judiciary had previously favorably reported that
legislation. We have worked very closely with Senators Leahy and
Specter and the administration in producing a bill that now enjoys
broad support.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Washington [Mr. Tate], my colleague, the prime author of this
legislation.

[[Page H10450]]

Mr. TATE. Mr. Speaker, I want to thank Chairman Clinger and
Representative Horn for their hard work and leadership.
As chairman of the Government Reform and Oversight Committee--
Chairman Clinger has played a vital role in bringing H.R. 3802--the
Electronic Freedom of Information Act Amendments of 1996--before us
today.
And Chairman Horn of the Subcommittee on Government Management,
Information and Technology--has served on the front lines in our
efforts to improve the efficiency and responsiveness of Government
operations.
I have been fortunate to work alongside Representative Horn in the
area of Federal information policy and the Electronic Freedom of
Information Act amendments.
I would also like to acknowledge the support of Representative
Carolyn Maloney and Representative Collin Peterson. Their contributions
have ensured that H.R. 3802 is a truly bipartisan effort.
Opening the work of the Federal Government to the watchful and
vigilant eyes of the American taxpayers and the public is an effort
that both parties and the administration can and should embrace
wholeheartedly.
Thirty years ago--Congress passed the Freedom of Information Act
[FOIA] to advance one of the basic tenets of our Constitution--that our
Federal Government is always open, accessible, and accountable to the
American people.
Government works best under the watchful and vigilant eyes of its
owners--the American people.
The more visible and accessible we make the work of the Federal
Government--the easier it becomes for all of us to stem Government
excess and curb Government abuse.
Before the enactment of the Freedom of Information Act--agencies and
departments of the Federal Government regularly restricted the public's
access to information.
FOIA was enacted in order to honor--preserve--and promote the
public's right to know--ensuring that Government information is--with
few very exceptions--public information.
Unfortunately--time after time--FOIA's promise to make Government
information open and accessible has been broken.
On many occasions--simple requests for information have languished--
unanswered--for years.
In addition--many agencies have not responded to the needs of a
public that has already moved into the information age--continuing to
focus on answering with volumes of paper rather than with CD-ROM's or
computer disks.
In the 30 years since the implementation of the original Freedom of
Information Act--our Nation has witnessed enormous technological
advances.
My area of the country--the Puget Sound region in Washington State--
is the home of Microsoft--the largest computer software company in the
world.
My district has welcomed a manufacturing plant for Intel--the largest
of the Pentium chip that goes into computer throughout the world.
And my hometown of Puyallup has been to a manufacturing plant owned
by Matsushita--one of the largest computer chip producers in the world.
These technological marvels have made the laptop computer--cellular
phone--fax--and internet possible--bringing the public into the
information age.
It is only fitting that we now work to use modern-day technology to
deliver common-sense efficiency and Government accountability to the
American people.
H.R. 3802 puts FOIA information on-line on agency websites, ensuring
that citizens in every home--in every town--and in every city--across
the Nation will be able to access Government information from the
comfort of their own homes.
My neighbors will be able to turn on their computers--click onto the
internet--and download information made accessible by the Electronic
Freedom of Information Act Amendments of 1996.
Our Government should be user-friendly by making an effort to deliver
information to Americans in the format of their choosing.
H.R. 3802 requires Federal agencies to make a concerted effort to
produce records in the preferred format--such as CD-ROM or computer
disk--ensuring that Government information is not only readily
available but also readily usable.
The use of the latest technology by Government agencies will harness
the benefits of computer technology and deliver to everyone increased
Government accessibility.
This legislation also addresses the problems many citizens face when
requesting Federal records--unacceptable delays in getting an answer.
This bill encourages Federal agencies to develop multitrack
processing based on the complexity of requests.
For example--simple requests should be answered as if they were going
through the express lane at your local supermarket--quickly and
efficiently.
Those who seek information which relates to life or safety or is of
urgent public interest will receive the timely processing that they
need.
In addition--agencies are given an incentive to actively work with
the public to deliver the most useful information as fast as possible.
These changes send a clear message that the Federal Government--and
its public servants--must always strive for increased Government
openness--efficiency--and accountability.
Openness--efficiency--and accountability are the hallmarks of the
Electronic Freedom of Information Act amendments. The American people
expect their Government to deliver no less.
In a March 21 letter to Chairman Horn, I and Representatives
Scarborough, Davis, Fox, Bass, and Flanagan urged House consideration
of EFOIA and I am delighted to have H.R. 3802 before us today on the
House floor.
I thank all my colleagues on the Government Reform and Oversight
Committee for their hard work and support in ensuring that the
advancement of free information to the American people is pursued on a
bipartisan basis.
H.R. 3802 has received endorsements from a broad array of groups--
including Americans for Tax Reform--the Newspaper Association of
America--the National Association of Broadcasters--and the American
Library Association.
The Freedom of Information Act turned 30 this year--it's time to
bring the law into the modern information age and require the Federal
Government to deliver cutting-edge service to the American people.
We in Congress--as their public servants--should aspire to nothing
less. I urge all my colleagues to support the Electronic Freedom of
Information Act of 1996.
Mrs. MALONEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, like much of the work that the Committee on Government
Reform and Oversight has done this year on legislation, this bill is a
triumph of policy over partisanship. In the most partisan Congress in
memory, this committee has passed several bills with broad bipartisan
support that will collectively save the taxpayers billions of dollars
and make Government work better for the average American taxpayer; the
Paperwork Reduction Act, the debt collection bill which Treasury
estimates will save taxpayers $10 billion over 5 years, the Federal
Acquisition Reform Act, the Single Audit Act, and the General
Accounting Office Act, to name a few. These achievements are a credit
to the gentleman from Pennsylvania [Mr. Clinger] and the gentleman from
California [Mr. Horn], who chairs the Subcommittee on Government
Management Information and Technology on which I serve as the ranking
member. They are also a credit to a ranking member of the full
committee, the gentlewoman from Illinois [Mrs. Collins], whose
leadership will be greatly missed when she retires at the end of the
year. On this particular bill I want to thank the gentleman from
Washington [Mr. Tate], for his active leadership and Senator Patrick
Leahy who has been the driving force behind the bill in the Senate.
I appreciate the majority's willingness to adopt my amendments, in
particular one amendment that would track how agencies are responding
or not responding to Freedom of Information requests. As Senator Leahy
testified at our committee hearing, long delays in access can mean no
access at all.

[[Page H10451]]

Mr. Speaker, in short, the Electronic Freedom of Information Act
will bring the Freedom of Information Act from the technological stone
age into the information age. It has been 30 years since President
Johnson set upon signing the original Freedom of Information Act, and I
quote:

This legislation springs from one of our most essential
principles, a democracy works best when people have all the
information that the security of the Nation permits.

That principle still holds true today, but as written, the Freedom of
Information Act is woefully outdated, drafted for a time when personnel
computers were unheard of and cyberspace was no more accessible than
outer space.

{time} 1500

This bill will change all of that. It clarifies that there is no
legal distinction between Government records stored on paper and
Government records stored electronically, that records maintained in an
electronic format can be subject to FOIA requests.
Government agencies are increasingly storing their information on
personal computers, computer databases, and electronic storage media
such as CD-ROM's. But some Government agencies have denied freedom of
information requests for information stored electronically. They are
seeking the green light from Congress to provide access to that
information, and this bill gives it to them by placing substance over
form instead of form over substance.
The rationale for this provision is obvious. Today our information
warehouses are on computer and compact disks, not in huge buildings in
industrial zones. By using technology, Government bureaucrats can avoid
going through endless file cabinets hunting for information, often to
provide identical or overlapping information from previous FOIA
requests. And ordinary American citizens can access that information
without leaving their desks or driving to the post office, or in some
cases having any contact with Government workers at all.
With Government downsizing, Government employees' workloads are
mounting, so avoiding the need for contact with them at all can
dramatically expedite fulfillment of freedom of information requests,
as in the case of identical FOIA requests which have been filed before.
Mr. Speaker, the bill also forces agencies to exercise foresight
when installing computer systems which must help expedite agency FOIA
requests and operations, rather than impeding them. Furthermore, it
would encourage agencies to offer online access to Government
information, effectively transforming an individual's home computer
into a Government agency's public reading room.
Most importantly, the bill would tackle the mother of all complaints
lodged against the Freedom of Information Act: that is, the often
ludicrous amount of time it take some agencies to respond, if they
respond at all, to freedom of information requests.
By the time freedom of information requests are fulfilled, the
information is often useless to the requester, if the requester has not
died of old age. If you request a document from the FBI, you may be
forced to wait for more than 4 years before you receive it, if not
longer.

This bill will make several commonsense changes. It will establish
that all freedom of information requests are not created equal. The
bill creates a compelling need standard, warranting faster FOIA
processing.
Two categories of compelling need would be created. In the first
category, the failure to obtain the records within an expedited
deadline poses an imminent threat to an individual's life or physical
safety. The second category requires a request by someone, and I quote,
``Primarily engaged in disseminating information,'' and ``urgency to
inform the public concerning actual or alleged government activity.''
This would apply to our good friends from the media. Marlin Fitzwater
once talked about the need to constantly feed the beast, meaning the
media, with information. This provision will help keep the media
informed in a quicker and faster way.
Mr. Speaker, the bill would further differentiate and prioritize FOIA
requests based on size, giving requesters an incentive to frame
narrower requests. Agencies would no longer be able to delay responding
to FOIA requests on the grounds of ``exceptional circumstances'' if
those circumstances are nothing more than the predictable agency
overload.
This clause would strengthen the requirement that agencies respond to
freedom of information requests on time. However, this bill does
recognize the great demands placed on agencies to fulfill FOIA requests
by extending the deadline for responding to requests to 20 workdays
from the current 10-day workday requirement, which is simply unworkable
for many agencies.
The bill also gives agencies an incentive to comply with statutory
time limits by allowing them to retain half of the fees. The amendment
that I introduced, which has been adopted, acknowledges that we need to
make agencies more accountable to the public by requiring them to
report to Congress and the public on their efforts to comply with FOIA
or their failure in complying with FOIA. Information delayed is
certainly information denied.
The bill requires each agency to report on its FOIA workload during
the year, the number of requests received and completed, as well as the
amount of backlog and the steps the agency is taking to reduce it. Each
agency will also report on how long it normally takes to process the
request. Finally, each agency will report on the resources, dollars,
and persons devoted to responding. This will allow us to make a
judgment about whether adequate resources are being devoted to these
requests and whether agencies are making a sufficient effort to comply
with the law of the land.
The bill also requires agencies to become more user-friendly to the
public, informing average Americans in a readily understandable way how
one makes a FOIA request, how long it takes for normal requests to be
processed, how the Government responds to a request, and in what
circumstances the Government is not required to fulfill the request.
One issue not addressed in this legislation is the recent D.C.
Circuit Court decision in the case of Armstrong versus the Executive
Office of the President. In that decision the court ruled that the
National Security Council is not an agency. This is contrary to 20
years of freedom of information practice and contrary to the way
Congress has treated the National Security Council in other
legislation. I hope the courts will correct this error; but if they do
not, I am sure that we will address it in the 105th Congress.
To summarize, Mr. Speaker, this is a comprehensive, bipartisan bill
that facilitates the dissemination of public information. It makes the
Freedom of Information Act for the 1990's instead of for the 1960's. It
helps make Government truly for the people, not just for Government
insiders. In passing it unanimously, the Committee on Government Reform
and Oversight has proudly lived up to its name.
Mr. Speaker, I reserve the balance of my time.
Mr. HORN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me say in closing on this I thank, again, the
gentleman from Washington for his very constructive ideas, and the
gentlewoman from New York for her most helpful suggestions. She has
mentioned a few of them. The Subcommittee on Government Management,
Information, and Technology held a very thorough hearing on H.R. 3802.
This has truly been, as have most of the bills from this
subcommittee, based on bipartisan cooperation. Good ideas know no
bounds, and what we need to do is get the good ideas into legislation.
This is one aspect of that.
We mentioned earlier the 600,000 requests a year. The gentlewoman
from New York mentioned the 4-year lag to get a file out of the Federal
Bureau of Investigation. That is simply unacceptable in a free society.
How are we going to solve that? As we suggested in the hearings, and
this was, again, both sides of the aisle suggesting it to the executive
branch, we need the Cabinet officers in charge of particular
departments to take this seriously, to look at how their needs and how
they might better staff and organize to serve the public and the media
with this information. The agencies need to put a price tag on the
service. Do not necessarily come to Congress to solve

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every fiscal problem that arises. The Secretary should be looking at
reprogramming money within the department so the public and the media
can be served.
So, Mr. Speaker, we expect agencies to look for reprogramming funds.
We also expect the appropriations committees to take this up piece by
piece as to how well the agencies are dealing with serving the public
in the freedom of information area.
I would hope that all parties in the legislative and executive
branches take this matter seriously. In the coming year we will be
watching the degree to which the backlog is reduced through the
oversight conducted by our Committee on Government Reform and
Oversight.
Mrs. MALONEY. Mr. Speaker, I yield back the balance of my time.
Mr. HORN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Miller of Florida). The question is on
the motion offered by the gentleman from California [Mr. Horn] that the
House suspend the rules and pass the bill, H.R. 3802, as amended.
The question was taken.
Mr. HORN. Mr. Speaker, on that, I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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