[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1211 Referred in Senate (RFS)]
113th CONGRESS
2d Session
H. R. 1211
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2014
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To amend section 552 of title 5, United States Code (commonly known as
the Freedom of Information Act), to provide for greater public access
to information, 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 ``FOIA Oversight and Implementation
Act of 2014'' or the ``FOIA Act''.
SEC. 2. FREEDOM OF INFORMATION ACT AMENDMENTS.
(a) Electronic Accessibility.--Section 552 of title 5, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by striking ``for public inspection and
copying'' and inserting ``in an electronic,
publicly accessible format'' each place it
appears;
(ii) by striking ``; and'' and inserting a
semicolon;
(iii) by striking subparagraph (E) and
inserting the following new subparagraphs:
``(E) copies of all releasable records, regardless of form
or format, that have been requested three or more times under
paragraph (3); and
``(F) a general index of the records referred to under
subparagraphs (D) and (E);''; and
(iv) in the matter following subparagraph
(F) (as added by clause (ii) of this
subparagraph)--
(I) by striking ``subparagraph
(D)'' and inserting ``subparagraphs (D)
and (E)''; and
(II) by striking ``subparagraph
(E)'' and inserting ``subparagraph
(F)''; and
(B) in paragraph (7)--
(i) in subparagraph (A), by striking ``that
will take longer than ten days to process'';
and
(ii) in subparagraph (B), by inserting
``automated'' after ``provides'';
(2) in subsection (g), by striking ``make publicly
available upon request'' and inserting ``make available in an
electronic, publicly accessible format''; and
(3) by adding at the end the following new subsection:
``(m) FOIA Web Site Required.--Not later than one year after the
date of enactment of this subsection, the Office of Management and
Budget shall ensure the existence and operation of a single website,
accessible by the public at no cost to access, that allows the public
to--
``(1) submit requests for records under subsection (a)(3);
``(2) receive automated information about the status of a
request under subsection (a)(7); and
``(3) file appeals.''.
(b) Presumption of Openness.--Section 552(b) of title 5, United
States Code, is amended in the matter following paragraph (9), by
inserting before ``Any reasonably segregable portion'' the following:
``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 exemption, or if
disclosure is prohibited by law.''.
(c) The Office of Government Information Services.--Section 552 of
title 5, United States Code, is amended--
(1) in subsection (a)(4)(A)(i), by striking ``the Director
of the Office of Management and Budget'' and inserting ``the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Information Services,''; and
(2) by amending subsection (h) to read as follows:
``(h) The Office of Government Information Services.--
``(1) Establishment.--There is established the Office of
Government Information Services within the National Archives
and Records Administration. The head of the Office is the
Director of the Office of Government Information Services.
``(2) Review of foia policy, procedure, and compliance.--
The Office of Government Information Services shall--
``(A) review policies and procedures of agencies
under this section;
``(B) review compliance with this section by
agencies;
``(C) identify methods that improve compliance
under this section that may include--
``(i) the timely processing of requests
submitted to agencies under this section;
``(ii) the system for assessing fees and
fee waivers under this section; and
``(iii) the use of any exemption under
subsection (b); and
``(D) review and provide guidance to agencies on
the use of fees and fee waivers.
``(3) 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, at
the discretion of the Office, may issue advisory opinions if
mediation has not resolved the dispute.
``(4) Submission of report.--
``(A) In general.--The Office of Government
Information Services shall not less than annually
submit to the committees described in subparagraph (C)
and the President a report on the findings from the
information reviewed and identified under paragraph
(2), a summary of the Office's activities under
paragraph (3) (including any advisory opinions issued),
and legislative and regulatory recommendations to
improve the administration of this section.
``(B) Electronic availability of reports.--The
Office shall make available any report submitted under
paragraph (A) in a publicly accessible format.
``(C) Congressional submission of report.--The
committees described in this subparagraph are the
following:
``(i) The Committee on Oversight and
Government Reform of the House of
Representatives.
``(ii) The Committees on Homeland Security
and Governmental Affairs and the Judiciary of
the Senate.
``(D) Direct submission of reports and testimony.--
Any report submitted under paragraph (A), any
testimony, or any other communication to Congress shall
be submitted directly to the committees and the
President, without any requirement that any officer or
employee outside of the Office of Government
Information Services, including the Archivist of the
United States and the Director of the Office of
Management and Budget, review such report, testimony,
or other communication.
``(5) 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 appropriate.
``(6) Annual meeting required.--Not less than once a year,
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 meeting.''.
(d) Public Resources.--Section 552(a)(6)(A) of title 5, United
States Code, is amended--
(1) in clause (i), by striking ``of such determination and
the reasons therefor, and of the right of such person to appeal
to the head of the agency any adverse determination; and'' and
inserting the following: ``of--
``(I) such determination and the reasons therefor;
``(II) the right of such person to seek assistance
from the agency FOIA Public Liaison; and
``(III) the right of such person to appeal to the
head of the agency any adverse determination, within a
period determined by the agency that is not less than
90 days after the receipt of such adverse
determination; and''; and
(2) in clause (ii), by striking the period and inserting
the following: ``and the right of such person to seek dispute
resolution services from the agency FOIA Public Liaison or the
Office of Government Information Services.''
(e) Additional Disclosure of Information Requirements.--Section
552(a) of title 5, United States Code, is amended by adding at the end
the following new paragraphs:
``(8) Disclosure of information for increased public
understanding of the government.--Each agency shall--
``(A) 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 Government;
``(B) for records determined to be in the public
interest under subparagraph (A), reasonably segregate
and redact any information exempted from disclosure
under subsection (b); and
``(C) make available in an electronic, publicly
accessible format, any records identified in
subparagraph (A), as modified pursuant to subparagraph
(B).
``(9) Increased disclosure of information.--Each agency
shall--
``(A) make information public to the greatest
extent possible through modern technology to--
``(i) inform the public of the operations
and activities of the Government; and
``(ii) ensure timely disclosure of
information; and
``(B) 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 disclosure, and for posting
such records in an electronic, publicly accessible
format.''.
(f) Report on Categories of Information for Disclosure.--Not later
than one year after the date of the enactment of this Act, and every
two years thereafter, the Director of the Office of Information Policy
of the Department of Justice, after consultation with agencies selected
by the Director, 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 disclosure, and shall make such report
available in an electronic, publicly accessible format.
(g) Agency FOIA Report.--Section 552(e) of title 5, United States
Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and to the Director of the
Office of Government Information Services'' after ``the
Attorney General of the United States'';
(B) in subparagraph (N), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (O), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(P) the number of times the agency invoked a law
enforcement exclusion under subsection (c);
``(Q) the number of times the agency engaged in dispute
resolution with the assistance of the Office of Government
Information Services or the FOIA Public Liaison;
``(R) the number of records that were made available in an
electronic, publicly accessible format under subsection (a)(2);
and
``(S) the number of times the agency assessed a search or
duplication fee under subsection (a)(4)(A) and did not comply
with a time limit under subsection (a)(6).'';
(2) by amending paragraph (3) to read as follows:
``(3) Electronic accessibility of reports.--Each agency
shall make each such report available in an electronic,
publicly accessible format. In addition, each agency shall make
the raw statistical data used in its reports available in a
timely manner in an electronic, publicly accessible format.
Such data shall be--
``(A) made available without charge, license, or
registration requirement;
``(B) capable of being searched and aggregated; and
``(C) permitted to be downloaded and downloaded in
bulk.'';
(3) in paragraph (4)--
(A) by striking ``Committee on Government Reform
and Oversight'' and inserting ``Committee on Oversight
and Government Reform'';
(B) by striking ``Governmental Affairs'' and
inserting ``Homeland Security and Governmental
Affairs''; and
(C) by striking ``April 1'' and inserting ``March
1'';
(4) in paragraph (5)--
(A) by inserting ``and the Director of the Office
of Government Information Services'' after ``the
Director of the Office of Management and Budget''; and
(B) by striking ``by October 1, 1997''; and
(5) by amending paragraph (6) to read as follows:
``(6) Attorney general foia report.--
``(A) In general.--The Attorney General of the
United States shall submit to Congress and the
President an annual report on or before March 1 of each
calendar year which shall include for the prior
calendar year--
``(i) a listing of the number of cases
arising under this section;
``(ii) each subsection under this section,
each paragraph of the subsection, and any
exemption, if applicable, involved in each
case, the disposition of such case, and the
cost, fees, and penalties assessed under
subparagraphs (E), (F), and (G) of subsection
(a)(4); and
``(iii) a description of the efforts
undertaken by the Department of Justice to
encourage agency compliance with this section.
``(B) Electronic availability.--The Attorney
General of the United States--
``(i) shall make each report described
under subparagraph (A) available in an
electronic, publicly accessible format; and
``(ii) shall make the raw statistical data
used in each report available in an electronic,
publicly accessible format, which shall be--
``(I) made available without
charge, license, or registration
requirement;
``(II) capable of being searched
and aggregated; and
``(III) permitted to be downloaded,
including downloaded in bulk.''.
(h) Search or Duplication Fees.--Section 552(a)(4)(A)(viii) of
title 5, United States Code, is amended by adding at the end the
following new sentence: ``Any agency that does assess search or
duplication fees after failing to comply with a time limit under
paragraph (6) shall provide written notice to the requester of the
circumstance that justifies the fees. If an agency fails to provide
such notice, the agency may not assess search or duplication fees.''.
(i) Government Accountability Office.--Subsection (i) of section
552 of title 5, United States Code, is amended to read as follows:
``(i) Government Accountability Office.--The Government
Accountability Office shall--
``(1) conduct audits of administrative agencies on
compliance with and implementation of the requirements of this
section and issue reports detailing the results of such audits;
``(2) catalog the number of exemptions under subsection
(b)(3) and agency use of such exemptions; and
``(3) 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 2008 (12 U.S.C. 5211 et seq.)
during any period in which the Government owns or owned more
than 50 percent of the stock of such entity.''.
(j) Chief FOIA Officer Responsibilities; Council; Review.--Section
552 of title 5, United States Code, is amended--
(1) by striking subsections (j) and (k); and
(2) by inserting after subsection (i), the following new
subsections:
``(j) Chief FOIA Officer.--
``(1) Designation.--Each agency shall designate a Chief
FOIA Officer who shall be a senior official of such agency (at
the Assistant Secretary or equivalent level).
``(2) Duties.--The Chief FOIA Officer of each agency shall,
subject to the authority of the head of the agency--
``(A) have agency-wide responsibility for efficient
and appropriate compliance with this section;
``(B) monitor implementation of this section
throughout the agency and keep the head of the agency,
the chief legal officer of the agency, and the Attorney
General appropriately informed of the agency's
performance in implementing this section;
``(C) recommend to the head of the agency such
adjustments to agency practices, policies, personnel,
and funding as may be necessary to improve its
implementation of this section;
``(D) review and report to the Attorney General,
through the head of the agency, at such times and in
such formats as the Attorney General may direct, on the
agency's performance in implementing this section;
``(E) 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 (g),
and the agency's annual report on this section, and by
providing an overview, where appropriate, of certain
general categories of agency records to which those
exemptions apply;
``(F) serve as the primary agency liaison with the
Office of Government Information Services and the
Office of Information Policy; and
``(G) designate one or more FOIA Public Liaisons.
``(3) Compliance review required.--The Chief FOIA Officer
of each agency shall--
``(A) review, not less than annually, all aspects
of the agency's administration of this section to
ensure compliance with the requirements of this
section, including--
``(i) agency regulations;
``(ii) disclosure of records required under
paragraphs (2), (8), and (9) of subsection (a);
``(iii) assessment of fees and
determination of eligibility for fee waivers;
``(iv) the timely processing of requests
for information under this section;
``(v) the use of exemptions under
subsection (b); and
``(vi) dispute resolution services with the
assistance of the Office of Government
Information Services or the FOIA Public
Liaison; and
``(B) make recommendations as necessary to improve
agency practices and compliance with this section.
``(k) Chief FOIA Officers Council.--
``(1) Establishment.--There is established in the executive
branch the Chief FOIA Officers Council (in this subsection,
referred to as the `Council').
``(2) Members.--The Council shall consist of the following
members:
``(A) The Deputy Director for Management of the
Office of Management and Budget.
``(B) The Director of the Office of Information
Policy at the Department of Justice.
``(C) The Director of the Office of Government
Information Services at the National Archives and
Records Administration.
``(D) The Chief FOIA Officer of each agency.
``(E) Any other officer or employee of the United
States as designated by the Co-Chairs.
``(3) 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 Council.
``(4) Support services.--The Administrator of General
Services shall provide administrative and other support for the
Council.
``(5) Consultation.--In performing its duties, the Council
shall consult regularly with members of the public who make
requests under this section.
``(6) Duties.--The duties of the Council include the
following:
``(A) Develop recommendations for increasing
compliance and efficiency under this section.
``(B) Disseminate information about agency
experiences, ideas, best practices, and innovative
approaches related to this section.
``(C) Identify, develop, and coordinate initiatives
to increase transparency and compliance with this
section.
``(D) Promote the development and use of common
performance measures for agency compliance with this
section.
``(7) Meetings.--
``(A) 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 (b).
``(B) Annual meetings.--Not less than once a year,
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 Council.
``(C) Notice.--Not later than 10 business days
before a meeting of the Council, notice of such meeting
shall be published in the Federal Register.
``(D) Public availability of council records.--
Except as provided in subsection (b), the records,
reports, transcripts, minutes, appendixes, working
papers, drafts, studies, agenda, or other documents
that were made available to or prepared for or by the
Council shall be made publicly available.
``(E) Minutes.--Detailed minutes of each meeting of
the Council shall be kept and shall contain a record of
the persons present, a complete and accurate
description of matters discussed and conclusions
reached, and copies of all reports received, issued, or
approved by the Council.''.
(k) Regulations.--
(1) Revision of regulations.--Not later than 180 days after
the date of the enactment of this Act, 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 552 of title 5, United States Code, in accordance with
the amendments made by this section. The regulations of each
agency shall include--
(A) procedures for engaging in dispute resolution;
and
(B) procedures for engaging with the Office of
Government Information Services.
(2) Office of government information services report.--Not
later than 270 days after the date of the enactment of this
Act, the Office of Government Information Services shall submit
to Congress a report on agency compliance with the requirements
of this subsection.
(3) Report on noncompliance.--The head of any agency that
does not meet the requirements of paragraph (1) shall submit to
Congress a report on the reason for noncompliance not later
than 270 days after the date of the enactment of this Act.
(4) 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 552 of title 5, United
States Code.
(5) Agency defined.--In this section, the term ``agency''
has the meaning given such term in section 552(f) of title 5,
United States Code.
SEC. 3. PILOT PROGRAM.
(a) Establishment.--The Director of the Office of Management and
Budget shall establish a pilot program for 3 years to review the
benefits of a centralized portal to process requests and release
information under section 552 of title 5, United States Code (commonly
known as the Freedom of Information Act).
(b) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall establish a plan to evaluate the functionality and
benefits of a centralized portal to receive and track requests made
under section 552 of title 5, United States Code, by selecting no less
than 3 agencies that have not previously participated in a centralized
portal, including at least one of the following:
(1) An agency that receives more than 30,000 requests
annually for information under section 552 of title 5, United
States Code.
(2) An agency that receives between 15,000 and 30,000
requests annually for information under such section.
(3) An agency that receives 15,000 or fewer requests
annually for information under such section.
(c) Agency Use of Web Site.--Each agency selected under subsection
(b) shall use the centralized portal to--
(1) receive requests under section 552 of title 5, United
States Code;
(2) consult with and refer requests to participating
agencies;
(3) if practicable, process requests received under such
section;
(4) track the status of requests submitted under such
section; and
(5) make records released available publicly through the
centralized portal.
(d) Review Required.--The Director of the Office of Management and
Budget shall, in consultation with the Attorney General, the Office of
Government Information Services, and the head of each agency
participating in the pilot program, review the benefits of a
centralized portal, including--
(1) any cost saving, resource saving, or efficiency gained;
(2) any change in the amount of requests received under
section 552 of title 5, United States Code;
(3) any increase in transparency and accessibility to
Government information; and
(4) any changes in the ability to access and compile
information needed for agency annual reports required under
section 552 of title 5, United States Code.
(e) Report Required.--Not later than 3 months after the completion
of the pilot program, the head of each agency participating in the
program--
(1) shall submit to Congress a report on the impact of the
pilot program on agency processes under section 552 of title 5,
United States Code, whether the agency will continue to
participate in the centralized portal, and any recommendations
the head of the agency considers appropriate; and
(2) shall make such report available in an electronic,
publicly accessible format.
(f) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 552(f) of title 5, United States Code.
(2) Centralized portal.--The term ``centralized portal''
means an electronic online portal that allows a requester to
submit a request under section 552 of title 5, United States
Code, to any participating agency, to track the status of a
request, and to obtain a response to a request made through the
portal.
SEC. 4. INSPECTOR GENERAL REVIEW; ADVERSE ACTIONS.
(a) Inspector General Review.--
(1) In general.--The Inspector General of each agency
shall--
(A) periodically review compliance with the
requirements of section 552 of title 5, United States
Code, including the timely processing of requests,
assessment of fees and fee waivers, and the use of
exemptions under subsection (b) of such section; and
(B) make recommendations the Inspector General
determines to be necessary to the head of the agency,
including recommendations for disciplinary action.
(2) Agency defined.--In this subsection, the term
``agency'' has the meaning given that term under section 552(f)
of title 5, United States Code.
(b) Adverse Actions.--The withholding of information in a manner
inconsistent with the requirements of section 552 of title 5, United
States Code (including any rules, regulations, or other implementing
guidelines), as determined by the appropriate supervisor, shall be a
basis for disciplinary action in accordance with subchapter I, II, or V
of chapter 75 of such title, as the case may be.
SEC. 5. OPEN GOVERNMENT ADVISORY COMMITTEE.
(a) Establishment.--The Archivist of the United States shall
establish an Open Government Advisory Committee (in this section,
referred to as the ``Committee''), an independent advisory committee to
make recommendations for improving Government transparency.
(b) Membership; Chair; Meetings; Qualifications of Members.--The
Committee shall be composed of at least nine members appointed by the
Archivist, one of whom shall be designated the Chair by the members,
and shall meet at such times and places as may be designated by the
Chair. Each member of the Committee shall be qualified by education,
training, or experience to make recommendations on improving Government
transparency. The membership of the Committee shall include--
(1) representatives of the Department of Justice and the
Office of Government Information Services;
(2) at least two members with experience requesting
information under section 552 of title 5, United States Code
(including one member of the news media); and
(3) at least one member with expertise in information
technology.
(c) Compensation.--While serving on the business of the Committee,
and while so serving away from home and the member's regular place of
business, a member may be allowed travel expenses, as authorized by the
Archivist.
(d) Conflict of Interest Disclosure.--The members of the Committee
shall be considered to be special Government employees (as such term is
defined in section 202 of title 18, United States Code).
(e) Staff.--The Archivist may appoint and fix the compensation of
such personnel as may be necessary to enable the Committee to carry out
its functions. Any personnel of the Committee who are employees shall
be employees under section 2105 of title 5, United States Code. Any
Federal Government employee may be detailed to the Committee without
reimbursement from the Committee, and such detailee shall retain the
rights, status, and privileges of regular employment of such employee
without interruption.
(f) Applicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
Committee and any subcommittee or subgroup thereof.
(g) Disclosure of Information.--The Archivist shall make publicly
available the following information:
(1) The charter of the Committee.
(2) A description of the process used to establish and
appoint the members of the Committee, including the following:
(A) The process for identifying prospective
members.
(B) The process of selecting members for balance of
viewpoints or expertise.
(C) The reason each member was appointed to the
Committee.
(3) A list of all current members, including, for each
member, the name of any person or entity that nominated the
member.
(4) A summary of the process used by the Committee for
making decisions.
(5) A transcript or audio or visual recording of each
meeting of the Committee.
(6) Any written determination by the President or the
Archivist, pursuant to section 10(d) of the Federal Advisory
Committee Act (5 U.S.C. App.), to close a meeting or any
portion of a meeting and the reasons for such determination.
(7) Notices of future meetings of the Committee.
(h) Manner of Disclosure.--
(1) Website publication.--Except as provided in paragraph
(2), the Archivist shall make the information required to be
disclosed under this section available electronically on the
official public website of the National Archives and Records
Administration at least 15 calendar days before each meeting of
the Committee. If the Archivist determines that such timing is
not practicable for any required information, the Archivist
shall make the information available as soon as practicable but
no later than 48 hours before the next meeting of the
Committee.
(2) Availability of committee meeting.--The Archivist shall
make available electronically, on the official public website
of the National Archives and Records Administration, a
transcript or audio or video recording of each Committee
meeting not later than 30 calendar days after such meeting.
SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized or appropriated.
Passed the House of Representatives February 25, 2014.
Attest:
KAREN L. HAAS,
Clerk.