Mr. Jerry Berman
Executive Director
Center for Democracy and Technology
1634 I Street, NW. Suite 1100
Washington, DC 20006

Dear Mr. Berman:

Thank you for your February 9, 1999 letter, regarding the potential posting of worst-case chemical accident scenario information on the Internet.

Let me state at the outset that I share your organization's concern about ensuring public access to "information critical for communities to assess the safety of companies operating in their midst." Contrary to the implication of your letter, neither I nor any Member of this Committee has advocated denying the public access to such information or amending the Freedom of Information Act (FOIA) to create any new exemptions for such information.

I have expressed publicly, however, my concern that a nationwide, searchable electronic database of worst-case scenario information may find its way onto the Internet, where anyone in the world–including international terrorist groups–can gain access to it anonymously. My concern is shared by the Environmental Protection Agency (EPA) and the Federal Bureau of Investigation, both of which strongly oppose the posting of such information on the Internet by governmental and private organizations alike due to national security concerns.

In testimony two weeks ago before the Committee's Subcommittees on Health and Environment and Oversight and Investigations, EPA suggested one possible resolution to this public policy dilemma. The Agency stated that it is actively considering the technical and legal feasibility of providing the worst-case scenario data to FOIA requesters in a" read-only CD-ROM" format that "could not be copied, duplicated, or posted on the Internet." According to a subsequent article in the Bureau of National Affairs National Environment daily dated February 12, 1999, EPA officials were quoted as saying that, based on consultations with the Department of Justice (DOJ), the Agency was confident that it legally could respond in such a manner to any FOIA request for a national database in electronic format. EPA's proposal suggests that FOIA requesters do not have the legal right to request electronic information in a form or format of their own choosing, even if such information is readily reproducible by the Agency in the requested form or format.

Given your organization's expresses interest in FOIA-related matters generally and this issue in particular, I am interested in learning whether you believe EPA's proposed resolution, if technically feasible, would be consistent with the legal obligations of the Federal government under FOIA, including the form and format requirements of the Electronic FOIA Amendments of 1996. I would appreciate a written response setting forth your organization's view by March 5, 1999, so that they can adequately considered by the Committee as it pursues a resolution to this matter.

Thank you, again, for your letter and your interest in this important public policy issues.

Sincerely

Tom Bliley

Chairman

TB:td

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