Date:         Fri, 13 Mar 1992 13:06:33 CST
Sender:       Activists Mailing List <ACTIV-L@UMCVMB.BITNET>
From:         James P Love <LOVE@PUCC.BITNET>
Subject: File 5--     Electronic FOIA/April 2 hearing

On April 2, 1992 the Senate Subcommittee on Technology and the Law
will hold a public hearing on S. 1940, Senator Leahy's "Electronic
Freedom ofke Information Improvement Act of 1991." This important
legislation addresses the issue of the availability of electronic
records under the Freedom of Information Act.

A number of persons have asked how Senator Leahy's Electronic FOIA
bill (S. 1940) relates to Representative Owens' Improvement of
Information Access Act (IIA Act, HR 3459), which also amends the
Freedom of Information Act.  The _short_ answer is that S.  1940 would
strengthen the public's rights to receive electronic records that are
subject to a FOIA request, while the Owens bill would enhance access
by improving the scope and performance of agency information products
and services.  The principal opposition to the Leahy bill comes from
federal agencies who do not like FOIA responsiblities, while the
principal opposition to the Owens bill comes from commercial data
vendors who don't want new government information products and
services.  We plan to provide a more detailed discussion of the two
bills in a few days.

Senator Leahy wants to use the April 2, 1992 hearing to develop a
record of the problems the public has in receiving electronic records
from agencies.  We are preparing a statement which will address
several issues, including, among other things:

     -    the Federal Reserve Bank's use of NTIS to sell the
          electronic copy of its bank call reports for $500 a tape,
          rather than releasing the information under a FOIA request
          for the cost of copying the information,

     -    the SEC/Mead contract that will prevent the electronic copy
          of EDGAR database from being available under FOIA, and

     -    the Department of Justice/WESTLAW contract which prevents
          the public from obtaining large portions of the JURIS
          database under FOIA.


We would be very interested in learning about _ANY_ problems people
have had receiving electronic records under FOIA.

For more information about S. 1940 or the April 2, 1992 hearing,
contact Cathy Russell, Counsel to the Subcomittee, at 202-224-3406, or
write to her at 815 Senate Hart Building, Washington, DC 20510.

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