#aadth ,,congress #b;d ,session ,h4 ,r4 #fec ,,an ,,act ,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 #bjaf or the ,,foia ,act4 #b4 ,freedom of ,information ,act amendments 7a7 ,electronic accessibility ,section #eeb of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by striking for public inspection and copying each place it appears and inserting in an electronic1 publicly accessible format2 7ii7 by striking 2 and and inserting a semicolon2 7iii7 by striking subparagraph 7,e7 and inserting the following new subparagraphs3 7,e7 copies of all releasable records1 regardless of form or format1 that have been requested 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 7iv7 in the matter following subparagraph 7,f7 7as added by clause 7iii7 of this subparagraph7-- 7,i7 by striking subparagraph 7,d7 and inserting subparagraphs 7,d7 and 7,e72 7,,ii7 by striking subparagraph 7,e7 and inserting subparagraph 7,f72 and 7,b7 in paragraph 7#g7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking that will take longer than ten days to process2 and 7,,ii7 by striking 2 and and inserting a semicolon2 7ii7 in subparagraph 7,b7-- 7,i7 by inserting automated after provides2 and 7,,ii7 by striking the period at the end of clause 7ii7 and inserting 2 and2 and 7iii7 by adding at the end the following new subparagraph3 7,c7 provide a name1 phone number1 and email address for an agency employee who can provide current information about the status of each request received4 2 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 by adding at the end the following new subsection3 7m7 ,electronic submission of requests 7#a7 ,consolidated online request portal ,the ,director of the ,office of ,management and ,budget1 in consultation with the ,attorney ,general1 shall ensure the operation of a consolidated online request portal that allows a member of the public to submit a request for records under subsection 7a7 to any agency from a single website4 ,the portal may include any additional tools the ,director of the ,office of ,management and ,budget finds will improve the implementation of this section4 7#b7 ,rule of construction ,this subsection shall not be construed to alter the power of any other agency to create or maintain an independent online portal for the submission of a request for records under this section4 ,the ,director of the ,office of ,management and ,budget shall establish standards for interoperability between the portal required under paragraph 7#a7 and other request processing software used by agencies subject to this section4 7#c7 ,email request required ,at a minimum1 each agency shall accept requests for records under subsection 7a7 through an email address and shall publish such email address on the website of the agency4 4 7b7 ,presumption of openness 7#a7 ,amendments ,section #eeb7;b7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#e71 by inserting after with the agency the following3 1 excluding-- 7,a7 opinions that are controlling interpretations of law2 7,b7 final reports or memoranda created by an entity other than the agency1 including other ,governmental entities1 at the request of the agency and used to make a final policy decision2 7,c7 guidance documents used by the agency to respond to the public2 and 7,d7 records or information created #be years or more before the date on which a request is made under subsection 7a77#c72 2 7,b7 in paragraph 7#f71 by striking similar files and inserting personal information such as contact information or financial information2 and 7,c7 in the matter following paragraph 7#i7-- 7i7 by inserting before ,any reasonably segregable portion the following3 ,an agency may not withhold information under this subsection unless such agency reasonably foresees that disclosure would cause specific identifiable harm to an interest protected by an exemption1 or if disclosure is prohibited by law42 and 7ii7 by inserting before ,if technically feasible1 the following3 ,for each record withheld in whole or in part under paragraph 7#c71 the agency shall identify the statute that exempts the record from disclosure44 7#b7 ,rules of construction 7,a7 ,intelligence sources and methods ,nothing in the amendments made by this ,act to section #eeb7;b7 of title #e1 ,united ,states ,code1 shall be construed to require the disclosure of information that-- 7i7 is exempt under paragraph 7#a7 of such section2 or 7ii7 would adversely affect intelligence sources and methods that are protected by an exemption under such section4 7,b7 ,personal privacy ,for purposes of section #eeb7;b77#f7 of title #e1 ,united ,states ,code1 as amended by this ,act1 the term personal privacy may not be construed to include the name of a ,federal employee engaged in an official duty of such employee4 7#c7 ,exemption decision transparency ,section #eeb7;a77#f77;,c77i7 of title #e1 ,united ,states ,code1 is amended by striking the fourth sentence and inserting at the end the following3 ,any notification of denial or partial denial of any request for records under this subsection shall set forth each name and title or position of each person responsible for the denial or partial denial or any decision to withhold a responsive record under subsection 7b744 7c7 ,requests from ,congress ,section #eeb7;d7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,in responding to requests from ,congress for information1 an agency may not assert that information may be withheld from ,congress under this section44 7d7 ,assessment of attorney fees and other litigation costs ,section #eeb7;a77#d77;,e77i7 of title #e1 ,united ,states ,code1 is amended by striking ,the court may and inserting ,the court shall4 7e7 ,office of ,government ,information ,services ,section #eeb of title #e1 ,united ,states ,code1 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 by amending subsection 7h7 to read as follows3 7h7 ,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 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 and may issue advisory opinions at the discretion of the ,office or upon request of any party to such mediation services4 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#b71 a summary of the ,office's activities under paragraph 7#c7 7including any advisory opinions issued71 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 subparagraph 7,a7 in an electronic1 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 reports and testimony ,any report submitted under subparagraph 7,a71 any testimony1 or any other communication to ,congress 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 report1 testimony1 or other communication4 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 7f7 ,public resources ,section #eeb7;a77#f7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7-- 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 following3 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 within a period determined by the agency that is not less than #ij days after the receipt of such adverse determination2 and 2 and 7,b7 in clause 7ii71 by striking the period at the end 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 ,services42 7#b7 in subparagraph 7,b7-- 7,a7 by redesignating clause 7iv7 as clause 7v72 and 7,b7 by inserting after clause 7iii7 the following new clause 7iv73 7iv7 ,when an agency consults with an entity with substantial interests in the determination of a request 7in this clause referred to as the consulted entity73 7,i7 ,the agency shall notify the requestor of the consultation in writing1 including each of the following3 7aa7 ,a brief description of the consultation process4 7bb7 ,the name of each consulted entity1 unless otherwise prohibited by law4 7cc7 ,an approximate number of pages1 or other description of the volume of records1 that each consulted entity is reviewing4 7,,ii7 ,the agency shall notify the consulted entity of the need to consult in writing1 including each of the following3 7aa7 ,an approximate number of pages1 or other description of the volume of records1 that the entity is requested to review4 7bb7 ,a request to provide a complete response within #ae days after the date on which the notification is sent and a notice that after the expiration of that time period the agency will proceed with the compliance of the request if a completed response is not received4 7cc7 ,if the number of records in the consultation under this clause exceeds #c1jjj pages1 a notification that the consulted entity shall have #ae days after the date on which the notice is sent to submit a substantial response and that a response on at least #c1jjj pages not less than every #e days thereafter is required to continue the consultation period4 7dd7 ,if the consulted entity is unable or anticipates that the entity will be unable to complete the consultation within the time period described1 a notification that the consulted entity may request mediation services at the ,office of ,government ,information ,services to set an alternative consultation schedule4 7,,iii7 ,if the requesting agency has not received a completed request within the time period described in the consultation notice1 the agency shall request that the consulted entity engage in mediation services with the ,office of ,government ,information ,services4 ,if the consulted entity is an agency1 the consulted agency shall agree to participate in mediation services4 7,,iv7 ,if the consulted entity requests or agrees to engage in mediation services1 the requesting agency shall notify the requester of the mediation and the opportunity to participate in the mediation1 if participation is not otherwise prohibited by law4 ,the parties in the mediation shall determine a reasonable schedule of completion and a date by which the requesting agency shall complete the response to the request4 7,v7 ,if the consulted entity does not respond or rejects the offer to mediate an alternative schedule1 the requesting agency shall complete the response to the requester4 7,,vi7 ,the previous provisions of this clause shall not apply when the consulted entity is an element of the intelligence community 7as defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d7774 2 and 7#c7 in subparagraph 7,f71 by striking any such estimate to the person making the request1 unless providing such estimate would harm an interest protected by the exemption in subsection 7b7 pursuant to which the denial is made4 and inserting the following3 to the person making the request the following3 7i7 ,any such estimate1 unless providing such estimate would harm an interest protected by the exemption in subsection 7b7 pursuant to which the denial is made4 7ii7 ,a list of all records requested the provision of which was denied1 unless the disclosure of such record is prohibited by law4 4 7g7 ,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 7h7 ,report on categories of information for disclosure ,not later than #a year after the date of the enactment of this ,act1 and every #b years thereafter1 the ,director of the ,office of ,information ,policy of the ,department of ,justice1 after consultation with agencies selected by the ,director1 shall submit to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committees on ,homeland ,security and ,governmental ,affairs and the ,judiciary of the ,senate a report that identifies categories of records that would be appropriate for proactive disclosure1 and shall make such report available in an electronic1 publicly accessible format4 7i7 ,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 7,r7 the number of records that were made available in an electronic1 publicly accessible format under subsection 7a77#b72 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 section1 including for each case1 as applicable-- 7,i7 each subsection under this section2 7,,ii7 each paragraph of each such subsection2 7,,iii7 any exemption2 7,,iv7 the disposition of such case2 and 7,v7 the cost1 fees1 and penalties assessed under subparagraphs 7,e71 7,f71 and 7,g7 of subsection 7a77#d72 and 7ii7 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 7j7 ,search or duplication fees ,section #eeb7;a77#d77;,a7 of title #e1 ,united ,states ,code1 is amended by striking clause 7viii7 and inserting the following new clause3 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 fails to comply with any time limit described in paragraph 7#f74 7,,ii7 7aa7 ,if an agency has determined that unusual circumstances apply 7as the term is defined in paragraph 7#f77;,b77 and the agency provided 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 an agency has determined that unusual circumstances apply and more than #c1jjj pages are necessary to respond to the request1 an agency may charge search fees 7or in the case of a requester described under clause 7ii77,,ii7 of this subparagraph1 duplication fees7 if the agency has provided a timely written notice to the requester in accordance with paragraph 7#f77;,b7 and the agency has discussed with the requester via written mail1 electronic mail1 or telephone 7or made not less than #c good-faith attempts to do so7 how the requester could effectively limit the scope of the request in accordance with paragraph 7#f77;,b77ii74 7cc7 ,if a court has determined 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 7ix7 ,when assessing or estimating fees1 agencies shall provide a detailed explanation of the fee calculation1 including-- 7,i7 the actual or estimated number1 as appropriate1 of-- 7aa7 records duplicated2 7bb7 hours of searching2 7cc7 files searched2 7dd7 records searched2 7ee7 custodians searched2 7ff7 records reviewed2 and 7gg7 hours of review2 7,,ii7 citations to the fee schedule for each category of fee assessed2 and 7,,iii7 in the case of an estimate1 the basis for such estimate4 4 7k7 ,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 compliance with and implementation of the requirements of this section and issue reports detailing the results of such audits2 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 7l7 ,chief ,,foia ,officer responsibilities2 ,council2 review ,section #eeb of title #e1 ,united ,states ,code1 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 the 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 serve as the primary agency liaison with the ,office of ,government ,information ,services and the ,office of ,information ,policy2 and 7,g7 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 7m7 ,excluded records ,section #eeb7;c7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#d7 ,an agency shall notify the ,department of ,justice in each instance records responsive to a request have been identified that the agency determines are not subject to the requirements of this section under paragraph 7#a71 7#b71 or 7#c7 and shall provide the ,department of ,justice with a detailed justification for such determination for each such instance4 ,the ,department of ,justice shall maintain records of each notification and justification received4 ,an agency may treat records created under this paragraph as not subject to the requirements under this section4 4 7n7 ,agency performance2 adverse actions 7#a7 ,in general ,section #eeb of title #e1 ,united ,states ,code1 is further amended by adding at the end the following new subsection3 7n7 ,agency performance 7#a7 ,performance reviews ,performance appraisals under chapter #dc of this title shall include consideration of the employee's responsibility for1 and compliance with1 this section as appropriate4 7#b7 ,agency-wide training ,each agency shall ensure agency employees receive annual training on the responsibilities of the agency under this section1 including the specific responsibilities of each employee1 such as responding promptly to requests for records and providing all records that may be responsive to the request4 7#c7 ,,foia officer training ,each agency shall ensure agency employees directly responsible for fulfilling the requirements under this section receive annual training on such requirements4 ,the annual training shall include statutory requirements 7such as time limits to respond to requests for records1 limitations on exemptions1 and opportunities for discretionary disclosure7 and any changes to this section or any interpretation of this section 7such as a regulation issued under this section74 7#d7 ,violation of ,,foia 7,a7 ,intentional ,an intentional violation of any provision of this section1 including any rule1 regulation1 or other implementing guideline1 by an officer or employee of an agency1 as determined by the appropriate supervisor1 shall be forwarded to the ,inspector ,general of the agency for a verification of the violation1 and upon verification1 such officer or employee shall be subject to the suspension and removal provisions under subchapter ,,ii or ,v of chapter #ge4 7,b7 ,unauthorized withholding ,the withholding of information in contravention of the requirements of this section1 including any rule1 regulation1 or other implementing guideline1 as determined by the appropriate supervisor1 shall be a basis for disciplinary action in accordance with subchapter ,i1 ,,ii1 or ,v of chapter #ge1 as the case may be4 4 7#b7 ,regulations ,the ,office of ,personnel ,management shall ensure that any performance appraisal system established pursuant to chapter #dc of title #e1 ,united ,states ,code1 shall include the requirements of section #eeb7n77#a7 of such title 7as added by paragraph 7#a774 7o7 ,regulations2 ,,gao study2 system of record notice 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 ,,gao non-custodian study ,not later than #ah months after the date of the enactment of this ,act1 the ,comptroller ,general shall-- 7,a7 conduct a study of not less than five agencies to assess the feasibility of implementing a policy requiring non-custodians to search for records to meet the requirements of section #eeb of title #e1 ,united ,states ,code1 and requests for documents from ,congress2 and 7,b7 submit a report on such assessment to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate detailing the results of such study4 7#c7 ,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#d7 ,agency system of records notice required ,not later than #ij days after the date of the enactment of this ,act1 the head of each agency shall publish in the ,federal ,register a system of records notice as defined in section #eeb;a of title #e1 ,united ,states ,code1 which allows the ,office of ,government ,information ,services access to records to the extent necessary to meet the requirements of this ,act1 and the amendments made by this ,act4 7#e7 ,report on noncompliance ,not later than #bgj days after the date of the enactment of this ,act1 the head of an agency that does not meet the requirements of paragraph 7#a7 shall submit to ,congress a report on the reason for noncompliance4 7#f7 ,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#g7 ,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 ,inspector ,general review 7a7 ,periodic review ,the ,inspector ,general of each agency 7as such term is defined in section #eeb7;f7 of this title #e1 ,united ,states ,code7 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 7b7 ,required frequency for certain agencies ,the ,inspector ,general of each agency 7as such term is defined in section #ija of title #ca1 ,united ,states ,code7 shall complete the review and make the recommendations required under subsection 7a7 not less than once every #b years4 #d4 ,no additional funds authorized ,no additional funds are authorized to carry out the requirements of this ,act and the amendments made by this ,act4 ,such requirements shall be carried out using amounts otherwise authorized4 ,passed the ,house of ,representatives ,january #aa1 #bjaf4;,clerk4