[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1775 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 1775

To amend section 552 of title 5, United States Code (popularly known as 
 the Freedom of Information Act) to require the disclosure of certain 
  information related to Federal contractors, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2007

 Mr. Cardoza introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend section 552 of title 5, United States Code (popularly known as 
 the Freedom of Information Act) to require the disclosure of certain 
  information related to Federal contractors, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom of Information Improvement 
Act''.

SEC. 2. REQUIREMENTS RELATING TO DISCLOSURE OF GOVERNMENT CONTRACTING 
              INFORMATION UNDER FREEDOM OF INFORMATION ACT.

    Section 552 of title 5, United States Code (popularly known as the 
Freedom of Information Act), is amended by adding at the end the 
following new subsection:
    ``(h) Contractor Information.--(1) For purposes of a request made 
that involves access to records relating to Federal contracts, the 
following provisions apply:
                    ``(A) Information submitted, whether voluntarily or 
                involuntarily, to the Federal Government to obtain, 
                amend, or clarify a contract with the Federal 
                Government or any part of such a contract shall not be 
                considered to be trade secrets or commercial or 
                financial information that is privileged or 
                confidential, as described in subsection (b)(4), unless 
                the information is proprietary information.
                    ``(B) An agency shall release information with 
                respect to a Federal contract in response to a request 
                under this section relating to the following unless the 
                information is shown to be exempt under subsection (b):
                            ``(i) Any information relating to whether a 
                        contractor, or a subcontractor under the 
                        contractor, actually performed the worked 
                        required under the terms of the contract.
                            ``(ii) Any information that indicates the 
                        use of substandard materials or work practices 
                        in performing the contract.
                            ``(iii) Any information related to the 
                        information described in subparagraph (A) or 
                        (B) that is discovered as part of a Government 
                        review, audit, or investigation of the 
                        contract, or that is revealed because of the 
                        existence of credible evidence raising doubts 
                        concerning the contractor's performance because 
                        the contractor has been subject to a Federal or 
                        State investigation for past poor performance 
                        or similar charges, or the contractor has been 
                        the subject of credible and consistent press 
                        reports pertaining to performance of government 
                        contracts.
                    ``(C) An agency shall release information with 
                respect to a Federal contract in response to a request 
                under this section if disclosure of the information 
                will contribute to public understanding and knowledge 
                unless the information is shown to be exempt under 
                subsection (b).
                    ``(D) Any information released pursuant to this 
                subsection shall relate solely to the Federal contract 
                involved and not to unrelated aspects of the company 
                concerned.
    ``(2) In this subsection, the term `proprietary information' means 
information relating to a product or process that is used, produced, or 
marketed under an exclusive legal right of the inventor or maker of 
that product or process.''.
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