[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1615 Referred in Senate (RFS)]

114th CONGRESS
  1st Session
                                H. R. 1615


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2015

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To direct the Chief FOIA Officer of the Department of Homeland Security 
 to make certain improvements in the implementation of section 552 of 
     title 5, United States Code (commonly known as the Freedom of 
               Information Act), 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 ``DHS FOIA Efficiency Act of 2015''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY FREEDOM OF INFORMATION ACT 
              IMPLEMENTATION.

    (a) Deadline for Updating Regulations.--Not later than 90 days 
after the date of the enactment of this Act, the Chief FOIA Officer of 
the Department of Homeland Security, as appointed pursuant to section 
552(j) of title 5, United States Code, shall finalize and issue an 
updated regulation implementing section 552 of title 5, United States 
Code (commonly known as the Freedom of Information Act), which shall 
include--
            (1) public guidance on procedures to be followed when 
        making requests under paragraph (1), (2), or (3) of section 
        552(a) of title 5, United States Code;
            (2) updated guidance to the components of the Department 
        responsible for processing such requests, which may include 
        information on how to adopt automated processing of requests 
        made under paragraphs (1), (2), or (3) of section 552(a) of 
        title 5, United States Code;
            (3) detailed information on fees and costs associated with 
        such requests; and
            (4) detailed information on the appeals process for such 
        requests.
    (b) Identification of Costs.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Chief FOIA Officer, in 
        coordination with the Chief Financial Officer of the Department 
        and the heads of each of the relevant components of the 
        Department, shall identify the total annual cost to the 
        Department of implementing section 552 of title 5, United 
        States Code.
            (2) Guidance.--The Chief FOIA Officer shall develop 
        guidance on reporting standards related to the direct and 
        indirect costs to the Department associated with the processing 
        of requests made under paragraphs (1), (2), and (3) of section 
        552(a) of title 5, United States Code.
    (c) Cost Savings.--The Chief FOIA Officer, in collaboration with 
the heads of each of the relevant components of the Department, shall--
            (1) identify unnecessary and duplicative actions taken by 
        the Department in the course of processing requests made under 
        paragraphs (1), (2), and (3) of section 552(a) of title 5, 
        United States Code, by not later than 120 days after the date 
        of the enactment of this Act; and
            (2) eliminate unnecessary and duplicative actions taken by 
        the Department in the course of processing requests made under 
        paragraphs (1), (2), and (3) of section 552(a) of title 5, 
        United States Code, by not later than 12 months after the 
        identification of such action under paragraph (1).
    (d) FOIA Tracking Systems.--Not later than 90 days after the date 
of the enactment of this Act, the Chief FOIA Officer shall develop a 
plan to automate the processing of requests made under paragraphs (1), 
(2), and (3) of section 552(a) of title 5, United States Code to the 
Department. Such plan shall take into account the specific needs of 
each of the components of the Department responsible for processing 
such requests and address required and recommended technology 
capabilities and elements. Such plan shall include an assessment of the 
costs and benefits associated with establishing and using electronic 
processing systems to process requests made under paragraphs (1), (2), 
and (3) of section 552(a) of title 5, United States Code.
    (e) FOIA Backlog.--Not later than 90 days after the date of the 
enactment of this Act, the Chief Privacy Officer of the Department, in 
consultation with the Chief FOIA Officer, shall update and issue 
guidance to the heads of each of the relevant components of the 
Department regarding the goal of reducing the backlog in processing 
requests made under paragraphs (1), (2), and (3) of section 552(a) of 
title 5, United States Code, by 50 percent between fiscal year 2015 and 
fiscal year 2018.
    (f) Report.--
            (1) Semiannual privacy report.--The Chief FOIA Officer 
        shall include in each semiannual privacy report submitted under 
        section 1062(f) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)) each of the 
        following:
                    (A) The total costs to the Department of meeting 
                the requirements of section 552 of title 5, United 
                States Code, for the period covered by the report.
                    (B) An assessment of progress made toward meeting 
                the backlog goals pursuant to subsection (e) during the 
                period covered by the report and the periods covered by 
                the two preceding reports.
                    (C) An assessment of whether the Department has 
                adequate staffing and other resources to address the 
                backlog goals pursuant to subsection (e) for processing 
                requests made under paragraphs (1), (2), and (3) of 
                section 552(a) of title 5, United States Code.
                    (D) An assessment of the progress made towards 
                automating the processing of requests made under 
                paragraphs (1), (2), and (3) of section 552(a) of title 
                5, United States Code, during the period covered by the 
                report.
            (2) Fiscal year 2016 requirements.--The Chief FOIA Officer 
        shall include in the second semiannual privacy report for 
        fiscal year 2016 each of the following:
                    (A) A description of any cost savings identified 
                under subsection (d).
                    (B) The plan developed under subsection (d).
    (g) Duplicative Action Defined.--In this section, the term 
``duplicative actions'' means actions carried out by two or more 
components or programs that are engaged in the same activities or 
provide the same services related to the processing of FOIA requests to 
the same beneficiaries.

SEC. 3. PROGRESS ON AUTOMATION.

    Upon completion of the plan to automate the processing of requests 
made under paragraphs (1), (2), and (3) of section 552(a) of title 5, 
United States Code, the Chief FOIA Officer shall provide the plan to 
the heads of the components of the Department and seek written feedback 
from each head of a component agency regarding the extent to which that 
component will adopt the plan, the associated costs, and the projected 
timelines.

            Passed the House of Representatives June 25, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.