,,ib ,union ,calendar ,no4 #aab #aacth ,,congress #ast ,session ,h4 ,r4 #abaa ,report ,no4 #aac-aee ,,in ,,the ,,house ,,of ,,representatives ,march #ae1 #bjac ,mr4 ,issa 7for himself and ,mr4 ,cummings7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,july #af1 #bjac ,additional sponsor3 ,mr4 ,quigley ,july #af1 #bjac ,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,omit the part struck through and insert the part printed in italic ,a ,,bill ,to amend section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 to provide for greater public access to information1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,foia ,oversight and ,implementation ,act of #bjac or the ,,foia ,act4 #b4 ,freedom of ,information ,act amendments 7a7 ,electronic accessibility ,section #eeb of title #e1 ,united ,states ,code is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by striking for public inspection and copying and inserting in an electronic1 publicly accessible formateach place it appears2 7ii7 by striking subparagraph 7,e7 and inserting the following new subparagraphs3 7,e7 copies of all records1 regardless of form or format1 that have been released three or more times under paragraph 7#c72 and 7,f7 a general index of the records referred to under subparagraphs 7,d7 and 7,e72 2 and 7iii7 in the matter proceedingfollowing subparagraph 7,f7 7as added by clause 7ii7 of this subparagraph7-- 7,i7 by striking subparagraph 7,d7 and inserting subparagraphs 7,d7 and 7,e72 and 7,,ii7 by striking subparagraph 7,e7 and inserting subparagraph 7,f72 and 7,b7 in paragraph 7#g7-- 7i7 in subparagraph 7,a71 by striking that will take longer than ten days to process2 and 7ii7 in subparagraph 7,b71 by inserting automated after provides2 7#b7 in subsection 7g71 by striking make publicly available upon request and inserting make available in an electronic1 publicly accessible format2 and 7#c7 in subsection 7i71 by striking the implementation and inserting compliance with and implementation of the requirements2 and 7#d7 7#c7 by adding at the end the following new subsection3 7m7 ,,foia ,web site required ,not later than one year after the date of enactment of this subsection1 the ,office of ,management and ,budget shall ensure the existence and operation of a single ,web site1 accessible by the public at no cost to access1 that allows the public to-- 7#a7 submit requests for records under subsection 7a77#c72 and 7#b7 receive automated information about the status of a request under subsection 7a77#g74 4 7b7 ,presumption of openness ,section #eeb7;b7 of title #e1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a71 by inserting that would cause foreseeable harm and after matters4 7c7 ,the ,office of ,government ,information ,services ,section #eeb of title #e1 ,united ,states ,code is amended-- 7#a7 in subsection 7a77#d77;,a77i71 by striking the ,director of the ,office of ,management and ,budget and inserting the ,director of the ,office of ,management and ,budget1 in consultation with the ,director of the ,office of ,government ,information ,services12 and 7#b7 subsection 7h7 is amended to read as follows3 7h7 ,the ,office of ,government ,information ,services 7#a7 ,establishment ,there is established the ,office of ,government ,information ,services within the ,national ,archives and ,records ,administration4 ,the head of the ,office is the ,director of the ,office of ,government ,information ,services4 7#b7 ,review of ,,foia policy1 procedure1 and compliance ,the ,office of ,government ,information ,services shall-- 7,a7 review policies and procedures of agencies under this section2 7,b7 review compliance with this section by agencies2 and 7,c7 identify methods that improve compliance under this section that may include-- 7i7 the timely processing of requests submitted to agencies under this section2 7ii7 the system for assessing fees and fee waivers under this section2 and 7iii7 the use of any exemption under subsection 7b72 and 7,d7 review and provide guidance to agencies on the use of fees and fee waivers4 7#c7 ,mediation services ,the ,office of ,government ,information ,services shall offer mediation services to resolve disputes between persons making requests under this section and agencies as a non-exclusive alternative to litigation and1 at the discretion of the ,office1 may issue advisory opinions if mediation has not resolved the dispute4 7#d7 ,submission of report 7,a7 ,in general ,the ,office of ,government ,information ,services shall not less than annually submit to the committees described in subparagraph 7,c7 and the ,president a report on the findings from the information reviewed and identified under paragraph 7#b7 and legislative and regulatory recommendations to improve the administration of this section4 7,b7 ,electronic availability of reports ,the ,office shall make available any report submitted under paragraph 7,a7 in a publicly accessible format4 7,c7 ,congressional submission of report ,the committees described in this subparagraph are the following3 7i7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7ii7 ,the ,committees on ,homeland ,security and ,governmental ,affairs and the ,judiciary of the ,senate4 7,d7 ,direct submission of report ,any report submitted under paragraph 7,a7 shall be submitted directly to the committees and the ,president1 without any requirement that any officer or employee outside of the ,office of ,government ,information ,services1 including the ,archivist of the ,united ,states and the ,director of the ,office of ,management and ,budget1 review such report4 7#e7 ,submission of additional information ,the ,director of the ,office of ,government ,information ,services may submit additional information to ,congress and the ,president that the ,director determines to be appropriate4 7#f7 ,annual meeting required ,not less than once a year1 the ,office of ,government ,information ,services shall hold a meeting that is open to the public on the review and reports by the ,office and permit interested persons to appear and present oral or written statements at such meeting4 4 7d7 ,public resources ,section #eeb7;a77#f77;,a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in clause 7i71 by striking of such determination and the reasons therefor1 and of the right of such person to appeal to the head of the agency any adverse determination2 and and inserting the following new subclauses3 3 8of-- 7,i7 such determination and the reasons therefor2 7,,ii7 the right of such person to seek assistance from the agency ,,foia ,public ,liaison2 and 7,,iii7 the right of such person to appeal to the head of the agency any adverse determination1 not later than #ij days after the receipt of such adverse determination2 and 2 and 7#b7 in clause 7ii71 by striking the period and inserting the following3 and the right of such person to seek dispute resolution services from the agency ,,foia ,public ,liaison or the ,office of ,government ,information ,services4 7e7 ,additional disclosure of information requirements ,section #eeb7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraphs3 7#h7 ,disclosure of information for increased public understanding of the ,government ,each agency shall-- 7,a7 review the records of such agency to determine whether the release of the records would be in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the ,government2 7,b7 for records determined to be in the public interest under subparagraph 7,a71 reasonably segregate and redact any information exempted from disclosure under subsection 7b72 and 7,c7 make available in an electronic1 publicly accessible format1 any records identified in subparagraph 7,a71 as modified pursuant to subparagraph 7,b74 7#i7 ,increased disclosure of information ,each agency shall-- 7,a7 make information public to the greatest extent possible through modern technology to-- 7i7 inform the public of the operations and activities of the ,government2 and 7ii7 ensure timely disclosure of information2 and 7,b7 establish procedures for identifying categories of records that may be disclosed regularly and additional records of interest to the public that are appropriate for public disclosure1 and for posting such records in an electronic1 publicly accessible format4 4 7f7 ,agency ,,foia report ,section #eeb7;e7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting and to the ,director of the ,office of ,government ,information ,services after the ,attorney ,general of the ,united ,states2 7,b7 in subparagraph 7,n71 by striking 2 and and inserting a semicolon2 7,c7 in subparagraph 7,o71 by striking the period and inserting a semicolon2 and 7,d7 by adding at the end the following new subparagraphs3 7,p7 the number of times the agency invoked a law enforcement exclusion under subsection 7c72 7,q7 the number of times the agency engaged in dispute resolution with the assistance of the ,office of ,government ,information ,services or the ,,foia ,public ,liaison2 and 7,r7 the number of records that were made available in an electronic1 publicly accessible format under subsection 7a77#b74022 and 7,s7 the number of times the agency assessed a search or duplication fee under subsection 7a77#d77;,a7 and did not comply with a time limit under subsection 7a77#f74 2 7#b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,electronic accessibility of reports ,each agency shall make each such report available in an electronic1 publicly accessible format4 ,in addition1 each agency shall make the raw statistical data used in its reports available in a timely manner in an electronic1 publicly accessible format4 ,such data shall be-- 7,a7 made available without charge1 license1 or registration requirement2 7,b7 capable of being searched and aggregated2 and 7,c7 permitted to be downloaded and downloaded in bulk4 2 7#c7 in paragraph 7#d7-- 7,a7 by striking ,committee on ,government ,reform and ,oversight and inserting ,committee on ,oversight and ,government ,reform2 7,b7 by striking ,governmental ,affairs and inserting ,homeland ,security and ,governmental ,affairs2 and 7,c7 by striking ,april #a and inserting ,march #a2 7#d7 in paragraph 7#e7-- 7,a7 by inserting and the ,director of the ,office of ,government ,information ,services after the ,director of the ,office of ,management and ,budget2 and 7,b7 by striking by ,october #a1 #aiig2 and 7#e7 by amending paragraph 7#f7 to read as follows3 7#f7 ,attorney ,general ,,foia report 7,a7 ,in general ,the ,attorney ,general of the ,united ,states shall submit to ,congress and the ,president an annual report on or before ,march #a of each calendar year which shall include for the prior calendar year-- 7i7 a listing of the number of cases arising under this section2 7ii7 each subsection under this section1 each paragraph of the subsection1 and any exemption1 if applicable1 involved in each case1 the disposition of such case1 and the cost1 fees1 and penalties assessed under subparagraphs 7,e71 7,f71 and 7,g7 of subsection 7a77#d72 and 7iii7 a description of the efforts undertaken by the ,department of ,justice to encourage agency compliance with this section4 7,b7 ,electronic availability ,the ,attorney ,general of the ,united ,states-- 7i7 shall make each report described under subparagraph 7,a7 available in an electronic1 publicly accessible format2 and 7ii7 shall make the raw statistical data used in each report available in an electronic1 publicly accessible format1 which shall be-- 7,i7 made available without charge1 license1 or registration requirement2 7,,ii7 capable of being searched and aggregated2 and 7,,iii7 permitted to be downloaded1 including downloaded in bulk4 4 7g7 ,search or duplication fees ,section #eeb7;a77#d77;,a77viii7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following new sentence3 ,any agency that does assess search or duplication fees after failing to comply with a time limit under paragraph 7#f7 shall provide written notice to the requester of the circumstance that justifies the fees4 ,if an agency fails to provide such notice1 the agency may not assess search or duplication fees44 7g7 7h7 ,government ,accountability ,office ,subsection 7i7 of section #eeb of title #e1 ,united ,states ,code1 is amended to read as follows3 7i7 ,government ,accountability ,office ,the ,government ,accountability ,office shall-- 7#a7 conduct audits of administrative agencies on the implementationcompliance with and implementation of the requirements of this section and issue reports detailing the results of such audits2 and2 7#b7 catalog the number of exemptions under subsection 7b77#c7 and agency use of such exemptions4 7#b7 catalog the number of exemptions under subsection 7b77#c7 and agency use of such exemptions2 and 7#c7 review and prepare a report on the processing of requests by agencies for information pertaining to an entity that has received assistance under title ,i of the ,emergency ,economic ,stabilization ,act of #bjjh 7#ab ,u4,s4,c4 #ebaa et seq47 during any period in which the ,government owns or owned more than #ej percent of the stock of such entity4 4 7h7 7i7 ,chief ,,foia ,officer responsibilities2 ,council2 review ,section #eeb of title #e1 ,united ,states ,code is amended-- 7#a7 by striking subsections 7j7 and 7k72 and 7#b7 by inserting after subsection 7i71 the following new subsections3 7j7 ,chief ,,foia ,officer 7#a7 ,designation ,each agency shall designate a ,chief ,,foia ,officer who shall be a senior official of such agency 7at the ,assistant ,secretary or equivalent level74 7#b7 ,duties ,the ,chief ,,foia ,officer of each agency shall1 subject to the authority of the head of the agency-- 7,a7 have agency-wide responsibility for efficient and appropriate compliance with this section2 7,b7 monitor implementation of this section throughout the agency and keep the head of the agency1 the chief legal officer of the agency1 and the ,attorney ,general appropriately informed of the agency's performance in implementing this section2 7,c7 recommend to the head of the agency such adjustments to agency practices1 policies1 personnel1 and funding as may be necessary to improve its implementation of this section2 7,d7 review and report to the ,attorney ,general1 through the head of the agency1 at such times and in such formats as the ,attorney ,general may direct1 on the agency's performance in implementing this section2 7,e7 facilitate public understanding of the purposes of the statutory exemptions of this section by including concise descriptions of the exemptions in both the agency's handbook issued under subsection 7g71 and the agency's annual report on this section1 and by providing an overview1 where appropriate1 of certain general categories of agency records to which those exemptions apply2 and 7,f7 designate one or more ,,foia ,public ,liaisons4 7#c7 ,compliance review required ,the ,chief ,,foia ,officer of each agency shall-- 7,a7 review1 not less than annually1 all aspects of the agency's administration of this section to ensure compliance with the requirements of this section1 including-- 7i7 agency regulations2 7ii7 disclosure of records required under paragraphs 7#b71 7#h71 and 7#i7 of subsection 7a72 7iii7 assessment of fees and determination of eligibility for fee waivers2 7iv7 the timely processing of requests for information under this section2 7v7 the use of exemptions under subsection 7b72 and 7vi7 dispute resolution services with the assistance of the ,office of ,government ,information ,services or the ,,foia ,public ,liaison2 and 7,b7 make recommendations as necessary to improve agency practices and compliance with this section4 7k7 ,chief ,,foia ,officers ,council 7#a7 ,establishment ,there is established in the executive branch the ,chief ,,foia ,officers ,council 7in this subsection1 referred to as the ,council74 7#b7 ,members ,the ,council shall consist of the following members3 7,a7 ,the ,deputy ,director for ,management of the ,office of ,management and ,budget4 7,b7 ,the ,director of the ,office of ,information ,policy at the ,department of ,justice4 7,c7 ,the ,director of the ,office of ,government ,information ,services at the ,national ,archives and ,records ,administration4 7,d7 ,the ,chief ,,foia ,officer of each agency4 7,e7 ,any other officer or employee of the ,united ,states as designated by the ,co-,chairs4 7#c7 ,co-,chairs ,the ,director of the ,office of ,information ,policy at the ,department of ,justice and the ,director of the ,office of ,government ,information ,services at the ,national ,archives and ,records ,administration shall be the ,co-,chairs of the ,council4 7#d7 ,support services ,the ,administrator of ,general ,services shall provide administrative and other support for the ,council4 7#e7 ,consultation ,in performing its duties1 the ,council shall consult regularly with members of the public who make requests under this section4 7#f7 ,duties ,the duties of the ,council include the following3 7,a7 ,develop recommendations for increasing compliance and efficiency under this section4 7,b7 ,disseminate information about agency experiences1 ideas1 best practices1 and innovative approaches related to this section4 7,c7 ,identify1 develop1 and coordinate initiatives to increase transparency and compliance with this section4 7,d7 ,promote the development and use of common performance measures for agency compliance with this section4 7#g7 ,meetings 7,a7 ,regular meetings ,the ,council shall meet regularly and such meetings shall be open to the public unless the ,council determines to close the meeting for reasons of national security or to discuss information exempt under subsection 7b74 7,b7 ,annual meetings ,not less than once a year1 the ,council shall hold a meeting that shall be open to the public and permit interested persons to appear and present oral and written statements to the ,council4 7,c7 ,notice ,not later than #aj business days before a meeting of the ,council1 notice of such meeting shall be published in the ,federal ,register4 7,d7 ,public availability of ,council records ,except as provided in subsection 7b71 the records1 reports1 transcripts1 minutes1 appendixes1 working papers1 drafts1 studies1 agenda1 or other documents that were made available to or prepared for or by the ,council shall be made publicly available4 7,e7 ,minutes ,detailed minutes of each meeting of the ,council shall be kept and shall contain a record of the persons present1 a complete and accurate description of matters discussed and conclusions reached1 and copies of all reports received1 issued1 or approved by the ,council4 4 7i7 7j7 ,regulations 7#a7 ,revision of regulations ,not later than #ahj days after the date of the enactment of this ,act1 the head of each agency shall review the regulations of such agency and shall issue regulations on procedures for the disclosure of records under section #eeb of title #e1 ,united ,states ,code1 in accordance with the amendments made by this section4 ,the regulations of each agency shall include-- 7,a7 procedures for engaging in dispute resolution2 and 7,b7 procedures for engaging with the ,office of ,government ,information ,services4 7#b7 ,office of ,government ,information ,services report ,not later than #bgj days after the date of the enactment of this ,act1 the ,office of ,government ,information ,services shall submit to ,congress a report on agency compliance with the requirements of this subsection4 7#c7 ,report on noncompliance ,the head of any agency that does not meet the requirements of paragraph 7#a7 shall submit to ,congress a report on the reason for noncompliance not later than #bgj days after the date of the enactment of this ,act4 7#d7 ,inspector ,general review for noncompliance ,any agency that fails to comply with the requirements of this subsection shall be reviewed by the ,office of ,inspector ,general of such agency for compliance with section #eeb of title #e1 ,united ,states ,code4 7#e7 ,agency defined ,in this section1 the term agency has the meaning given such term in section #eeb7;f7 of title #e1 ,united ,states ,code4 #c4 ,pilot program 7a7 ,establishment ,the ,director of the ,office of ,management and ,budget shall establish a pilot program for #c years to review the benefits of ,f,o,i,aonline to process requests and release information under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 7b7 ,plan required ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall establish a plan to evaluate ,f,o,i,aonline at no less than #c agencies that have not previously participated in ,f,o,i,aonline1 including at least one of the following3 7#a7 ,an agency that receives more than #ej1jjj requests annually for information under section #eeb of title #e1 ,united ,states ,code4 7#b7 ,an agency that receives between #be1jjj and #ej1jjj requests annually for information under such section4 7#c7 ,an agency that receives #be1jjj or fewer requests annually for information under such section4 7c7 ,agency use of ,web site ,each agency selected under subsection 7b7 shall use ,f,o,i,aonline to-- 7#a7 receive requests under section #eeb of title #e1 ,united ,states ,code2 7#b7 process requests received under such section2 7#c7 track the status of requests submitted under such section2 and 7#d7 make records released available publicly on ,f,o,i,aonline4 7d7 ,review required ,the ,director of the ,office of ,management and ,budget shall1 in consultation with the ,attorney ,general1 the ,office of ,government ,information ,services1 and the head of each agency participating in the pilot program1 review the benefits of ,f,o,i,aonline1 including-- 7#a7 any cost saving1 resource saving1 or efficiency gained through the use of ,f,o,i,aonline2 7#b7 any change in the amount of requests received under section #eeb of title #e1 ,united ,states ,code2 7#c7 any increase in transparency and accessibility to ,government information2 and 7#d7 any changes in the ability to access and compile information needed for agency annual reports required under section #eeb of title #e1 ,united ,states ,code4 7e7 ,report required ,not later than #c months after the completion of the pilot program1 the head of each agency participating in the program shall submit to ,congress a report on the impact of the pilot program on agency processes under section #eeb of title #e1 ,united ,states ,code1 whether the agency will continue to participate in ,f,o,i,aonline1 and any recommendations the head of the agency considers appropriate to continue the use of ,f,o,i,aonline4 7f7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given such term in section #eeb7;f7 of title #e1 ,united ,states ,code4 7#b7 ,f,o,i,aonline ,the term ,f,o,i,aonline means the electronic online portal ,f,o,i,aonline4regulations4gov4 #d4 ,inspector general review2 adverse actions 7a7 ,inspector general review 7#a7 ,in general ,the ,inspector ,general of each agency shall-- 7,a7 periodically review compliance with the requirements of section #eeb of title #e1 ,united ,states ,code1 including the timely processing of requests1 assessment of fees and fee waivers1 and the use of exemptions under subsection 7b7 of such section2 and 7,b7 make recommendations the ,inspector ,general determines to be necessary to the head of the agency1 including recommendations for disciplinary action4 7#b7 ,agency defined ,in this subsection1 the term agency has the meaning given that term under section #eeb7;f7 of title #e1 ,united ,states ,code4 7b7 ,adverse actions ,the withholding of information in a manner inconsistent with the requirements of section #eeb of title #e1 ,united ,states ,code 7including any rules1 regulations1 or other implementing guidelines71 as determined by the appropriate supervisor1 shall be a basis for disciplinary action in accordance with subchapter ,i1 ,,ii1 or ,v of chapter #ge of such title1 as the case may be4 ,july #af1 #bjac ,reported with amendments1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed