Date: Thu, 09 Jan 92 15:54:48 -0600
From: CuD Moderators (
[email protected])
Subject: File 9--Senate Introduces Two FOIA Bills, S. 1929 & S. 1940
The latest (Vol. 16, #4, Dec., 1991) issue of _First Principles_
reports on the status of two Freedom of Information Act (FOIA) bills
introduced in the Senate in late 1991. The proposed amendments would
make it easier for citizens to obtain information, but more
importantly, would expand the availability of information in electronic
form. The following is abstracted from the article, "Senate
Introduces New FOIA Bills" (pp 6, 9), by Gary M. Stern.
Senator Patrick Leahy (D-VT) introduced two bills to amend the
Freedom of Information Act: S. 1939, the "Freedom of Information
Improvement Act of 1991," and S. 1940, the "Electronic Freedom of
Information Improvement Act of 1991 (cosponsored by Hank Brown
(R-CO)). The latter bill, in particular, presents the best
opportunity in many years to enact significant FOIA reforms.
S. 1940 would require the government to respond to FOIA requests
in electronic form as well as on paper. Section 4 of the bill
states that "(a)n agency shall provide records in any form in
which such records are maintained by that agency as requested by
any person. (C)An agency shall make resonable efforts to provide
records in an electronic form requested by any person, even where
such records are not usually maintained in such form." Section 3
of the bill would make the Federal Register accessible electronically
and would require each government agency to publish an index of
all information retrievable in electronic form, to describe all
databases used by the agency, and to list all statutes that the
agency uses to withhold information under exemption (b)(3).
In addition, S. 1940 would:
1) Address the problem of delays in responding to FOIA requests
2) Require the agency to notify the requester of "the total number
of denied records and paes considered by the agency
to have been responsive to the request."
S. 1939 would:
1) Narrow the scope of exemptions
2) Broaden the fee waiver and fee reduction requirements
3) Narrow the exemption concerning law enforcement records
4) Narrow the exemption to protect financial information
The Senate Judiciary Subcommittee on Technology and the Law plans
to hold hearings on the bills in March, 1992. The ACLU/CNNS is
organizing a lobbying coalition in support of both of these
bills. FOr more information, please call Gary Stern at
202-675-2327.
_First Principles_ is published by the Center for National Security
Studies, 122 Maryland Avenue, NE, Washington, DC 20002.
Subscriptions are $15/year (and $10 for students). Sample copies
are available on request.
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