,,ii #aacth ,,congress #b;d ,session ,s4 #bebj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjad ,mr4 ,leahy 7for himself and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve the ,freedom of ,information ,act4 #a4 ,short title ,this ,act may be cited as the ,,foia ,improvement ,act of #bjad4 #b4 ,amendments to ,,foia ,section #eeb of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking for public inspection and copying and inserting for public inspection in an electronic format2 7ii7 by striking subparagraph 7,d7 and inserting the following3 7,d7 copies of all records1 regardless of form or format-- 7i7 that have been released to any person under paragraph 7#c72 and 7ii7 7,i7 that because of the nature of their subject matter1 the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records2 or 7,,ii7 that have been requested not less than #c times2 and 2 and 7iii7 in the undesignated matter following subparagraph 7,e71 by striking public inspection and copying current and inserting public inspection in an electronic format1 and current2 7,b7 in paragraph 7#d77;,a71 by striking clause 7viii7 and inserting the following3 7viii7 7,i7 ,except as provided in subclause 7,,ii71 an agency shall not assess any search fees 7or in the case of a requester described under clause 7ii77,,ii7 of this subparagraph1 duplication fees7 under this subparagraph if the agency has failed to comply with any time limit under paragraph 7#f74 7,,ii7 7aa7 ,if an agency determines that unusual circumstances apply 7as the term is defined in paragraph 7#f77;,b77 and the agency provides a timely written notice to the requester in accordance with paragraph 7#f77;,b71 a failure described in subclause 7,i7 is excused for an additional #aj days4 ,if the agency fails to comply with the extended time limit1 the agency may not assess any search fees 7or in the case of a requester described under clause 7ii77,,ii7 of this subparagraph1 duplication fees74 7bb7 ,if a court determines that exceptional circumstances exist 7as that term is defined in paragraph 7#f77;,c771 a failure described in subclause 7,i7 shall be excused for the length of time provided by the court order4 2 7,c7 in paragraph 7#f7-- 7i7 in subparagraph 7,a77i71 by striking making such request and all that follows through determination2 and and inserting the following3 making such request of-- 7,i7 such determination and the reasons therefore2 7,,ii7 the right of such person to seek assistance from the ,,foia ,public ,liaison of the agency2 and 7,,iii7 in the case of an adverse determination-- 7aa7 the right of such person to appeal to the head of the agency1 within a period determined by the head of the agency that is not less than #ij days after the receipt of such adverse determination2 and 7bb7 the right of such person to seek dispute resolution services from the ,,foia ,public ,liaison of the agency or the ,office of ,government ,information ,services2 and 2 and 7ii7 in subparagraph 7,b77ii71 by striking the agency4 and inserting the agency1 and notify the requester of the right of the requester to seek dispute resolution services from the ,office of ,government ,information ,services42 and 7,d7 by adding at the end the following3 7#h7 ,an agency-- 7,a7 shall-- 7i7 withhold information under this section only if-- 7,i7 the agency reasonably foresees that disclosure would harm an interest protected by an exemption described in subsection 7b7 or other provision of law2 or 7,,ii7 disclosure is prohibited by law2 and 7ii7 7,i7 consider whether partial disclosure of information is possible whenever the agency determines that a full disclosure of a requested record is not possible2 and 7,,ii7 take reasonable steps necessary to segregate and release nonexempt information2 and 7,b7 may not-- 7i7 withhold information requested under this section merely because the agency can demonstrate1 as a technical matter1 that the records fall within the scope of an exemption described in subsection 7b72 or 7ii7 withhold information requested under this section because the information may be embarrassing to the agency or because of speculative or abstract concerns4 2 7#b7 in subsection 7b71 by amending paragraph 7#e7 to read as follows3 7#e7 inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency1 if-- 7,a7 in the case of deliberative process privilege or attorney work-product privilege1 the agency interest in protecting the records or information is not outweighed by a public interest in disclosure2 7,b7 in the case of attorney-client privilege1 the agency interest in protecting the records or information is not outweighed by a compelling public interest in disclosure2 and 7,c7 the requested record or information was created less than #be years before the date on which the request was made2 2 7#c7 in subsection 7e7 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting and to the ,director of the ,office of ,government ,information ,services after ,united ,states2 7ii7 in subparagraph 7,n71 by striking and at the end2 7iii7 in subparagraph 7,o71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7,p7 the number of times the agency denied a request for records under subsection 7c72 and 7,q7 the number of records that were made available for public inspection in an electronic format under subsection 7a77#b74 2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,each agency shall make each such report available for public inspection in an electronic format4 ,in addition1 each agency shall make the raw statistical data used in each report available in a timely manner for public inspection in an electronic format1 which shall be made available-- 7,a7 without charge1 license1 or registration requirement2 7,b7 in an aggregated1 searchable format2 and 7,c7 in a format that may be downloaded in bulk4 2 7,c7 in paragraph 7#d7-- 7i7 by striking ,government ,reform and ,oversight and inserting ,oversight and ,government ,reform2 7ii7 by inserting ,homeland ,security and before ,governmental ,affairs2 and 7iii7 by striking ,april and inserting ,march2 and 7,d7 by striking paragraph 7#f7 and inserting the following3 7#f7 7,a7 ,the ,attorney ,general of the ,united ,states shall submit to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 the ,committee on ,judiciary of the ,senate1 and the ,president a report on or before ,march #a of each calendar year1 which shall include for the prior calendar year-- 7i7 a listing of the number of cases arising under this section2 7ii7 a listing of-- 7,i7 each subsection1 and any exemption1 if applicable1 involved in each case arising under this section2 7,,ii7 the disposition of each case arising under this section2 and 7,,iii7 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 ,the ,attorney ,general of the ,united ,states shall make-- 7i7 each report submitted under subparagraph 7,a7 available for public inspection in an electronic format2 and 7ii7 the raw statistical data used in each report submitted under subparagraph 7,a7 available for public inspection in an electronic format1 which shall be made available-- 7,i7 without charge1 license1 or registration requirement2 7,,ii7 in an aggregated1 searchable format2 and 7,,iii7 in a format that may be downloaded in bulk4 2 7#d7 in subsection 7g71 in the matter preceding paragraph 7#a71 by striking publicly available upon request and inserting available for public inspection in an electronic format2 7#e7 in subsection 7h7-- 7,a7 in paragraph 7#a71 by adding at the end the following3 ,the head of the ,office shall be the ,director of the ,office of ,government ,information ,services42 7,b7 in paragraph 7#b71 by striking subparagraph 7,c7 and inserting the following3 7,c7 identify procedures and methods for improving compliance under this section4 2 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,the ,office of ,government ,information ,services shall offer mediation services to resolve disputes between persons making requests under this section and administrative agencies as a non-exclusive alternative to litigation and may issue advisory opinions at the discretion of the ,office or upon request of any party to a dispute4 2 and 7,d7 by adding at the end the following3 7#d7 7,a7 ,not less frequently than annually1 the ,director of the ,office of ,government ,information ,services shall submit to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,senate1 and the ,president-- 7i7 a report on the findings of the information reviewed and identified under paragraph 7#b72 7ii7 a summary of the activities of the ,office of ,government ,information ,services under paragraph 7#c71 including-- 7,i7 any advisory opinions issued2 and 7,,ii7 the number of times each agency engaged in dispute resolution with the assistance of the ,office of ,government ,information ,services or the ,,foia ,public ,liaison2 and 7iii7 legislative and regulatory recommendations1 if any1 to improve the administration of this section4 7,b7 ,the ,director of the ,office of ,government ,information ,services shall make each report submitted under subparagraph 7,a7 available for public inspection in an electronic format4 7,c7 ,the ,director of the ,office of ,government ,information ,services shall not be required to obtain the prior approval1 comment1 or review of any officer or agency of the ,united ,states1 including the ,department of ,justice1 the ,archivist of the ,united ,states1 or the ,office of ,management and ,budget before submitting to the ,congress1 or any committee or subcommittee thereof1 any reports1 recommendations1 testimony1 or comments1 if such submissions include a statement indicating that the views expressed therein are those of the ,director and do not necessarily represent the views of the ,president4 7#e7 ,the ,director of the ,office of ,government ,information ,services may submit additional information to ,congress and the ,president as the ,director determines to be appropriate4 7#f7 ,not less frequently than annually1 the ,office of ,government ,information ,services shall conduct a meeting that is open to the public on the review and reports by the ,office and shall allow interested persons to appear and present oral or written statements at the meeting4 2 and 7#f7 by striking subsections 7i71 7j71 and 7k71 and inserting the following3 7i7 ,the ,government ,accountability ,office shall-- 7#a7 conduct audits of administrative agencies on compliance with and implementation of the requirements of this section and issue reports detailing the results of such audits2 and 7#b7 catalog the number of exemptions described in subsection 7b77#c7 and the use of such exemptions by each agency4 7j7 7#a7 ,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 ,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 7,f7 offer training to agency staff regarding their responsibilities under this section2 7,g7 serve as the primary agency liaison with the ,office of ,government ,information ,services and the ,office of ,information ,policy2 and 7,h7 designate #a or more ,,foia ,public ,liaisons4 7#c7 ,the ,chief ,,foia ,officer of each agency shall review1 not less frequently than annually1 all aspects of the administration of this section by the agency to ensure compliance with the requirements of this section1 including-- 7,a7 agency regulations2 7,b7 disclosure of records required under paragraphs 7#b7 and 7#h7 of subsection 7a72 7,c7 assessment of fees and determination of eligibility for fee waivers2 7,d7 the timely processing of requests for information under this section2 7,e7 the use of exemptions under subsection 7b72 and 7,f7 dispute resolution services with the assistance of the ,office of ,government ,information ,services or the ,,foia ,public ,liaison4 7k7 7#a7 ,there is established in the executive branch the ,chief ,,foia ,officers ,council 7referred to in this subsection as the ,council74 7#b7 ,the ,council shall be comprised 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 ,services4 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 ,the ,director of the ,office of ,information ,policy at the ,department of ,justice and the ,director of the ,office of ,government ,information ,services shall be the ,co-,chairs of the ,council4 7#d7 ,the ,administrator of ,general ,services shall provide administrative and other support for the ,council4 7#e7 7,a7 ,the duties of the ,council shall include the following3 7i7 ,develop recommendations for increasing compliance and efficiency under this section4 7ii7 ,disseminate information about agency experiences1 ideas1 best practices1 and innovative approaches related to this section4 7iii7 ,identify1 develop1 and coordinate initiatives to increase transparency and compliance with this section4 7iv7 ,promote the development and use of common performance measures for agency compliance with this section4 7,b7 ,in performing the duties described in subparagraph 7,a71 the ,council shall consult on a regular basis with members of the public who make requests under this section4 7#f7 7,a7 ,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 ,not less frequently than annually1 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 ,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 ,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 ,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 ,the minutes shall be redacted as necessary and made publicly available4 4 #c4 ,review and issuance of regulations 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the head of each agency 7as defined in section #eea of title #e1 ,united ,states ,code7 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 section #b4 7b7 ,requirements ,the regulations of each agency shall include procedures for engaging in dispute resolution through the ,,foia ,public ,liaison and the ,office of ,government ,information ,services4 #d4 ,proactive disclosure through records management ,section #cajb of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d72 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 procedures for identifying records of general interest or use to the public that are appropriate for public disclosure1 and for posting such records in a publicly accessible electronic format2 4 #e4 ,no additional funds authorized ,no additional funds are authorized to carry out the requirements of this ,act or the amendments made by this ,act4 ,the requirements of this ,act and the amendments made by this ,act shall be carried out using amounts otherwise authorized or appropriated4