[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 653 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 653

_______________________________________________________________________

                                 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 2016'' 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'' each place it appears and inserting 
                        ``in an electronic, publicly accessible 
                        format'';
                            (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 (iii) of this 
                        subparagraph)--
                                    (I) by striking ``subparagraph 
                                (D)'' and inserting ``subparagraphs (D) 
                                and (E)'';
                                    (II) by striking ``subparagraph 
                                (E)'' and inserting ``subparagraph 
                                (F)''; and
                    (B) in paragraph (7)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``that will take 
                                longer than ten days to process''; and
                                    (II) by striking ``; and'' and 
                                inserting a semicolon;
                            (ii) in subparagraph (B)--
                                    (I) by inserting ``automated'' 
                                after ``provides''; and
                                    (II) by striking the period at the 
                                end of clause (ii) and inserting ``; 
                                and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
            ``(C) provide a name, phone number, and email address for 
        an agency employee who can provide current information about 
        the status of each request received.'';
            (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) Electronic Submission of Requests.--
            ``(1) Consolidated online request portal.--The Director of 
        the Office of Management and Budget, in consultation with the 
        Attorney General, 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 (a) to any agency 
        from a single website. The portal may include any additional 
        tools the Director of the Office of Management and Budget finds 
        will improve the implementation of this section.
            ``(2) 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 section. The Director of the 
        Office of Management and Budget shall establish standards for 
        interoperability between the portal required under paragraph 
        (1) and other request processing software used by agencies 
        subject to this section.
            ``(3) Email request required.--At a minimum, each agency 
        shall accept requests for records under subsection (a) through 
        an email address and shall publish such email address on the 
        website of the agency.''.
    (b) Presumption of Openness.--
            (1) Amendments.--Section 552(b) of title 5, United States 
        Code, is amended--
                    (A) in paragraph (5), by inserting after ``with the 
                agency'' the following: ``, excluding--
                    ``(A) opinions that are controlling interpretations 
                of law;
                    ``(B) final reports or memoranda created by an 
                entity other than the agency, including other 
                Governmental entities, at the request of the agency and 
                used to make a final policy decision;
                    ``(C) guidance documents used by the agency to 
                respond to the public; and
                    ``(D) records or information created 25 years or 
                more before the date on which a request is made under 
                subsection (a)(3);'';
                    (B) in paragraph (6), by striking ``similar files'' 
                and inserting ``personal information such as contact 
                information or financial information''; and
                    (C) in the matter following paragraph (9)--
                            (i) 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.''; and
                            (ii) by inserting before ``If technically 
                        feasible,'' the following: ``For each record 
                        withheld in whole or in part under paragraph 
                        (3), the agency shall identify the statute that 
                        exempts the record from disclosure.''.
            (2) Rules of construction.--
                    (A) Intelligence sources and methods.--Nothing in 
                the amendments made by this Act to section 552(b) of 
                title 5, United States Code, shall be construed to 
                require the disclosure of information that--
                            (i) is exempt under paragraph (1) of such 
                        section; or
                            (ii) would adversely affect intelligence 
                        sources and methods that are protected by an 
                        exemption under such section.
                    (B) Personal privacy.--For purposes of section 
                552(b)(6) of title 5, United States Code, as amended by 
                this Act, the term ``personal privacy'' may not be 
                construed to include the name of a Federal employee 
                engaged in an official duty of such employee.
            (3) Exemption decision transparency.--Section 
        552(a)(6)(C)(i) of title 5, United States Code, is amended by 
        striking the fourth sentence and inserting at the end the 
        following: ``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 (b).''.
    (c) Requests From Congress.--Section 552(d) of title 5, United 
States Code, is amended by adding at the end the following: ``In 
responding to requests from Congress for information, an agency may not 
assert that information may be withheld from Congress under this 
section.''.
    (d) Assessment of Attorney Fees and Other Litigation Costs.--
Section 552(a)(4)(E)(i) of title 5, United States Code, is amended by 
striking ``The court may'' and inserting ``The court shall''.
    (e) 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) 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 may 
        issue advisory opinions at the discretion of the Office or upon 
        request of any party to such mediation services.
            ``(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 
                subparagraph (A) in an electronic, 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 subparagraph (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.''.
    (f) Public Resources.--Section 552(a)(6) of title 5, United States 
Code, is amended--
            (1) in subparagraph (A)--
                    (A) 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
                    (B) in clause (ii), by striking the period at the 
                end 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.'';
            (2) in subparagraph (B)--
                    (A) by redesignating clause (iv) as clause (v); and
                    (B) by inserting after clause (iii) the following 
                new clause (iv):
                            ``(iv) When an agency consults with an 
                        entity with substantial interests in the 
                        determination of a request (in this clause 
                        referred to as the `consulted entity'):
                                    ``(I) The agency shall notify the 
                                requestor of the consultation in 
                                writing, including each of the 
                                following:
                                            ``(aa) A brief description 
                                        of the consultation process.
                                            ``(bb) The name of each 
                                        consulted entity, unless 
                                        otherwise prohibited by law.
                                            ``(cc) An approximate 
                                        number of pages, or other 
                                        description of the volume of 
                                        records, that each consulted 
                                        entity is reviewing.
                                    ``(II) The agency shall notify the 
                                consulted entity of the need to consult 
                                in writing, including each of the 
                                following:
                                            ``(aa) An approximate 
                                        number of pages, or other 
                                        description of the volume of 
                                        records, that the entity is 
                                        requested to review.
                                            ``(bb) A request to provide 
                                        a complete response within 15 
                                        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 
                                        received.
                                            ``(cc) If the number of 
                                        records in the consultation 
                                        under this clause exceeds 3,000 
                                        pages, a notification that the 
                                        consulted entity shall have 15 
                                        days after the date on which 
                                        the notice is sent to submit a 
                                        substantial response and that a 
                                        response on at least 3,000 
                                        pages not less than every 5 
                                        days thereafter is required to 
                                        continue the consultation 
                                        period.
                                            ``(dd) If the consulted 
                                        entity is unable or anticipates 
                                        that the entity will be unable 
                                        to complete the consultation 
                                        within the time period 
                                        described, a notification that 
                                        the consulted entity may 
                                        request mediation services at 
                                        the Office of Government 
                                        Information Services to set an 
                                        alternative consultation 
                                        schedule.
                                    ``(III) If the requesting agency 
                                has not received a completed request 
                                within the time period described in the 
                                consultation notice, the agency shall 
                                request that the consulted entity 
                                engage in mediation services with the 
                                Office of Government Information 
                                Services. If the consulted entity is an 
                                agency, the consulted agency shall 
                                agree to participate in mediation 
                                services.
                                    ``(IV) If the consulted entity 
                                requests or agrees to engage in 
                                mediation services, the requesting 
                                agency shall notify the requester of 
                                the mediation and the opportunity to 
                                participate in the mediation, if 
                                participation is not otherwise 
                                prohibited by law. 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 request.
                                    ``(V) If the consulted entity does 
                                not respond or rejects the offer to 
                                mediate an alternative schedule, the 
                                requesting agency shall complete the 
                                response to the requester.
                                    ``(VI) The previous provisions of 
                                this clause shall not apply when the 
                                consulted entity is an element of the 
                                intelligence community (as defined in 
                                section 3(4) of the National Security 
                                Act of 1947 (50 U.S.C. 3003(4))).''; 
                                and
            (3) in subparagraph (F), by striking ``any such estimate to 
        the person making the request, unless providing such estimate 
        would harm an interest protected by the exemption in subsection 
        (b) pursuant to which the denial is made.'' and inserting the 
        following: ``to the person making the request the following:
    ``(i) Any such estimate, unless providing such estimate would harm 
an interest protected by the exemption in subsection (b) pursuant to 
which the denial is made.
    ``(ii) A list of all records requested the provision of which was 
denied, unless the disclosure of such record is prohibited by law.''.
    (g) 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.''.
    (h) Report on Categories of Information for Disclosure.--Not later 
than 1 year after the date of the enactment of this Act, and every 2 
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.
    (i) 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, including for each case, as 
                applicable--
                            ``(I) each subsection under this section;
                            ``(II) each paragraph of each such 
                        subsection;
                            ``(III) any exemption;
                            ``(IV) the disposition of such case; and
                            ``(V) the cost, fees, and penalties 
                        assessed under subparagraphs (E), (F), and (G) 
                        of subsection (a)(4); and
                    ``(ii) 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.''.
    (j) Search or Duplication Fees.--Section 552(a)(4)(A) of title 5, 
United States Code, is amended by striking clause (viii) and inserting 
the following new clause:
    ``(viii)(I) Except as provided in subclause (II), an agency shall 
not assess any search fees (or in the case of a requester described 
under clause (ii)(II) of this subparagraph, duplication fees) under 
this subparagraph if the agency fails to comply with any time limit 
described in paragraph (6).
    ``(II)(aa) If an agency has determined that unusual circumstances 
apply (as the term is defined in paragraph (6)(B)) and the agency 
provided a timely written notice to the requester in accordance with 
paragraph (6)(B), a failure described in subclause (I) is excused for 
an additional 10 days. If the agency fails to comply with the extended 
time limit, the agency may not assess any search fees (or in the case 
of a requester described under clause (ii)(II) of this subparagraph, 
duplication fees).
    ``(bb) If an agency has determined that unusual circumstances apply 
and more than 3,000 pages are necessary to respond to the request, an 
agency may charge search fees (or in the case of a requester described 
under clause (ii)(II) of this subparagraph, duplication fees) if the 
agency has provided a timely written notice to the requester in 
accordance with paragraph (6)(B) and the agency has discussed with the 
requester via written mail, electronic mail, or telephone (or made not 
less than 3 good-faith attempts to do so) how the requester could 
effectively limit the scope of the request in accordance with paragraph 
(6)(B)(ii).
    ``(cc) If a court has determined that exceptional circumstances 
exist (as that term is defined in paragraph (6)(C)), a failure 
described in subclause (I) shall be excused for the length of time 
provided by the court order.
    ``(ix) When assessing or estimating fees, agencies shall provide a 
detailed explanation of the fee calculation, including--
            ``(I) the actual or estimated number, as appropriate, of--
                    ``(aa) records duplicated;
                    ``(bb) hours of searching;
                    ``(cc) files searched;
                    ``(dd) records searched;
                    ``(ee) custodians searched;
                    ``(ff) records reviewed; and
                    ``(gg) hours of review;
            ``(II) citations to the fee schedule for each category of 
        fee assessed; and
            ``(III) in the case of an estimate, the basis for such 
        estimate.''.
    (k) 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.''.
    (l) 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 the 
                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.''.
    (m) Excluded Records.--Section 552(c) of title 5, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(4) 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 (1), (2), or (3) and shall provide the Department of 
Justice with a detailed justification for such determination for each 
such instance. The Department of Justice shall maintain records of each 
notification and justification received. An agency may treat records 
created under this paragraph as not subject to the requirements under 
this section.''.
    (n) Agency Performance; Adverse Actions.--
            (1) In general.--Section 552 of title 5, United States 
        Code, is further amended by adding at the end the following new 
        subsection:
    ``(n) Agency Performance.--
            ``(1) Performance reviews.--Performance appraisals under 
        chapter 43 of this title shall include consideration of the 
        employee's responsibility for, and compliance with, this 
        section as appropriate.
            ``(2) Agency-wide training.--Each agency shall ensure 
        agency employees receive annual training on the 
        responsibilities of the agency under this section, including 
        the specific responsibilities of each employee, such as 
        responding promptly to requests for records and providing all 
        records that may be responsive to the request.
            ``(3) FOIA officer training.--Each agency shall ensure 
        agency employees directly responsible for fulfilling the 
        requirements under this section receive annual training on such 
        requirements. The annual training shall include statutory 
        requirements (such as time limits to respond to requests for 
        records, limitations on exemptions, and opportunities for 
        discretionary disclosure) and any changes to this section or 
        any interpretation of this section (such as a regulation issued 
        under this section).
            ``(4) Violation of foia.--
                    ``(A) Intentional.--An intentional violation of any 
                provision of this section, including any rule, 
                regulation, or other implementing guideline, by an 
                officer or employee of an agency, as determined by the 
                appropriate supervisor, shall be forwarded to the 
                Inspector General of the agency for a verification of 
                the violation, and upon verification, such officer or 
                employee shall be subject to the suspension and removal 
                provisions under subchapter II or V of chapter 75.
                    ``(B) Unauthorized withholding.--The withholding of 
                information in contravention of the requirements of 
                this section, including any rule, regulation, or other 
                implementing guideline, as determined by the 
                appropriate supervisor, shall be a basis for 
                disciplinary action in accordance with subchapter I, 
                II, or V of chapter 75, as the case may be.''.
            (2) Regulations.--The Office of Personnel Management shall 
        ensure that any performance appraisal system established 
        pursuant to chapter 43 of title 5, United States Code, shall 
        include the requirements of section 552(n)(1) of such title (as 
        added by paragraph (1)).
    (o) Regulations; GAO Study; System of Record Notice.--
            (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) GAO non-custodian study.--Not later than 18 months 
        after the date of the enactment of this Act, the Comptroller 
        General shall--
                    (A) 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 552 of title 5, United 
                States Code, and requests for documents from Congress; 
                and
                    (B) 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 
                study.
            (3) 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.
            (4) Agency system of records notice required.--Not later 
        than 90 days after the date of the enactment of this Act, the 
        head of each agency shall publish in the Federal Register a 
        system of records notice as defined in section 552a of title 5, 
        United States Code, which allows the Office of Government 
        Information Services access to records to the extent necessary 
        to meet the requirements of this Act, and the amendments made 
        by this Act.
            (5) Report on noncompliance.--Not later than 270 days after 
        the date of the enactment of this Act, the head of an agency 
        that does not meet the requirements of paragraph (1) shall 
        submit to Congress a report on the reason for noncompliance.
            (6) 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.
            (7) 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. INSPECTOR GENERAL REVIEW.

    (a) Periodic Review.--The Inspector General of each agency (as such 
term is defined in section 552(f) of this title 5, United States Code) 
shall--
            (1) 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
            (2) make recommendations the Inspector General determines 
        to be necessary to the head of the agency, including 
        recommendations for disciplinary action.
    (b) Required Frequency for Certain Agencies.--The Inspector General 
of each agency (as such term is defined in section 901 of title 31, 
United States Code) shall complete the review and make the 
recommendations required under subsection (a) not less than once every 
2 years.

SEC. 4. 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.

            Passed the House of Representatives January 11, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 653

_______________________________________________________________________

                                 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.