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

<DOC>





                                                 Union Calendar No. 294
114th CONGRESS
   2d Session
                                H. R. 653

                          [Report No. 114-391]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2015

 Mr. Issa (for himself, Mr. Cummings, and Mr. Quigley) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                           Government Reform

                            January 7, 2016

    Additional sponsors: Ms. Norton, Mr. Connolly, Mr. Guinta, Mr. 
   Farenthold, Mr. DesJarlais, Mr. Carter of Georgia, Mr. Franks of 
 Arizona, Mr. Sessions, Mr. Allen, Mr. Bucshon, Mr. Byrne, Mr. Tipton, 
 Mr. Collins of Georgia, Mr. McCaul, Mr. Hurt of Virginia, Mr. Gosar, 
  Mr. Walberg, Mr. Ross, Mr. Stutzman, Mr. Rangel, Mrs. Lawrence, Ms. 
 Kuster, Mr. Welch, Mr. Ashford, Mr. Honda, Mr. Foster, Mr. Bishop of 
 Michigan, Mr. Johnson of Georgia, Mr. Hensarling, Mr. Pierluisi, Mr. 
  Emmer of Minnesota, Ms. Brownley of California, Mr. Cartwright, Mr. 
 Payne, Mr. Lipinski, Ms. Gabbard, Mr. Lewis, Mr. Vargas, Mr. Palazzo, 
Mr. Posey, Mr. DeSaulnier, Mr. Ted Lieu of California, Mr. Jody B. Hice 
   of Georgia, Mr. Amodei, Ms. Duckworth, Mr. Polis, Mr. Olson, Mr. 
   Messer, Mr. Yoho, Mr. Ribble, Mr. McGovern, Mr. Abraham, and Mr. 
                               Cicilline


                            January 7, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 2, 2015]

_______________________________________________________________________

                                 A BILL


 
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 2015'' 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)''; 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) 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.--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.--Section 552(b) of title 5, United 
States Code, is amended--
            (1) 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)''; and
            (2) 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) 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''.
    (d) 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 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 
                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.''.
    (e) 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 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.''
    (f) 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.''.
    (g) 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.
    (h) 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.''.
    (i) 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.''.
    (j) 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.''.
    (k) 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.''.
    (l) 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. 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. 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 or appropriated.
                                                 Union Calendar No. 294

114th CONGRESS

   2d Session

                               H. R. 653

                          [Report No. 114-391]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                            January 7, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed