[Congressional Record Volume 160, Number 99 (Tuesday, June 24, 2014)]
[Senate]
[Pages S3940-S3944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

                                 ______
                                 
      By Mr. HARKIN:
  S. 2515. A bill to ensure that Medicaid beneficiaries have the 
opportunity to receive care in a home and community-based setting; to 
the Committee on Finance.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being on objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2515

       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 ``Community Integration Act of 
     2014''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Supreme Court's 1999 decision in Olmstead v. L.C., 
     527 U.S. 581 (1999), held that the unnecessary segregation of 
     individuals with disabilities is a violation of the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
       (2) Under Olmstead, individuals generally have the right to 
     receive their supports and services in home and community-
     based settings, rather than in institutional settings, if 
     they so choose.
       (3) Olmstead envisioned that States would provide 
     appropriate long-term services and supports to individuals 
     with disabilities through home and community-based services 
     and end forced segregation in nursing homes and other 
     institutions.
       (4) While there has been progress in rebalancing State 
     spending on individuals with disabilities in institutions as 
     compared to home and community-based settings, more than 75 
     percent of States continue to spend the majority of their 
     long-term care dollars on nursing homes and other 
     institutional settings, and the number of individuals with 
     disabilities under age 65 in nursing homes increased between 
     2008 and 2012.
       (5) As of June 2013, there were more than 200,000 
     individuals younger than age 65 in nursing homes - almost 16 
     percent of the total nursing home population.
       (6) Thirty-eight studies published from 2005 to 2012 
     concluded that providing services in home and community-based 
     settings is less costly than providing care in a nursing home 
     or other institutional setting.
       (7) No clear or centralized reporting system exists to 
     compare how effectively States are meeting the Olmstead 
     mandate.

     SEC. 3. ENSURING MEDICAID BENEFICIARIES MAY ELECT TO RECEIVE 
                   CARE IN A HOME AND COMMUNITY-BASED SETTING.

       (a) In General.--Section 1902(a) of the Social Security Act 
     (42 U.S.C. 1396a(a)) is amended--
       (1) in paragraph (80), by striking ``and'' at the end;
       (2) in paragraph (81), by striking the period and inserting 
     ``; and''; and
       (3) by inserting after paragraph (81) the following new 
     paragraph:
       ``(82) in the case of any individual with respect to whom 
     there has been a determination that the individual requires 
     the level of care provided in a nursing facility, 
     intermediate care facility for the mentally retarded, 
     institution for mental disease, or other similarly 
     restrictive or institutional setting--
       ``(A) provide the individual with the choice and 
     opportunity to receive such care in a home and community-
     based setting, including rehabilitative services, assistance 
     and support in accomplishing activities of daily living, 
     instrumental activities of daily living, and health-related 
     tasks, and assistance in acquiring, maintaining, or enhancing 
     skills necessary to accomplish such activities, tasks, or 
     services;
       ``(B) ensure that each such individual has an equal 
     opportunity (when compared to the receipt and availability of 
     nursing facility services) to receive care in a home and 
     community-based setting, if the individual so chooses, by 
     ensuring that the provision of such care in a home and 
     community-based setting is widely available on a statewide 
     basis for all such individuals within the State; and
       ``(C) meet the requirements of section 1904A (relating to 
     the provision of care in a home and community-based 
     setting).''.
       (b) Requirements for Community Care Options.--Title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.) is amended 
     by inserting after section 1904 the following new section:


         ``provisions related to home and community-based care

       ``Sec. 1904A.  (a) Definitions.--For purposes of this 
     section, section 1902(a)(82), and section 1905(a)(4)(A):
       ``(1) Activities of daily living.--The term `activities of 
     daily living' includes, but is not limited to, tasks such as 
     eating, toileting, grooming, dressing, bathing, and 
     transferring.
       ``(2) Health-related tasks.--The term `health-related 
     tasks' means specific tasks related to the needs of an 
     individual, including, but not limited to, bowel or bladder 
     care, wound care, use and care of ventilators and feeding 
     tubes, and the administration of medications and injections, 
     which, in the opinion of the individual's physician, can be 
     delegated to be performed by an attendant.
       ``(3) Home and community-based setting.--The term `home and 
     community-based setting' means, with respect to an individual 
     who requires a level of care provided in a nursing facility, 
     intermediate care facility for the mentally retarded, 
     institution for mental disease, or other similarly 
     restrictive or institutional setting, a setting that--
       ``(A) includes a house, apartment, townhouse, condominium, 
     or similar public or private housing where the individual 
     resides that--
       ``(i) is owned or leased by the individual or a member of 
     the individual's family;
       ``(ii) ensures the individual's privacy, dignity, respect, 
     and freedom from coercion; and
       ``(iii) maximizes the individual's autonomy and 
     independence;
       ``(B) is integrated in, and provides access to, the general 
     community in which the setting is located so that the 
     individual has access to the community and opportunities to 
     seek employment and work in competitive integrated settings, 
     participate in community life, control and utilize personal 
     resources, benefit from community services, and participate 
     in the community in an overall manner that is comparable to 
     that available to individuals who are not individuals with 
     disabilities; and
       ``(C) has the services and supports that the individual 
     needs in order to live as independently as possible.
       ``(4) Instrumental activities of daily living.--The term 
     `instrumental activities of daily living' means activities 
     related to living independently in the community and 
     includes, but is not limited to, meal planning and 
     preparation, managing finances, shopping for food, clothing, 
     and other items, performing household chores, communicating 
     by phone or other media, and traveling around and 
     participating in the community.
       ``(5) Public entity.--The term `public entity' means a 
     public entity as defined in subparagraphs (A) and (B) of 
     section 201(1) of the Americans with Disabilities Act of 
     1990.
       ``(b) Requirements for Providing Services in Home and 
     Community-based Settings.--With respect to the availability 
     and provision of services under the State plan under this 
     title, or under any waiver of State plan requirements 
     (subject to section 3(d) of the Community Integration Act of 
     2014), in a home and community-based setting to any 
     individual who requires a level of care provided in a nursing 
     facility, intermediate care facility for the mentally 
     retarded, institution for mental disease, or other similarly 
     restrictive or institutional setting, any public entity that 
     receives payment under the State plan or waiver for providing 
     services to such an individual shall not--
       ``(1) impose or utilize policies, practices, or procedures, 
     such as unnecessary requirements or arbitrary service or cost 
     caps, that limit the availability of services in home and 
     community-based settings to an individual with a disability 
     (including individuals with the most significant 
     disabilities) who need such services;
       ``(2) impose or utilize policies, practices, or procedures 
     that limit the availability of services in a home and 
     community-based setting (including assistance and support in 
     accomplishing activities of daily living, instrumental 
     activities of daily living, health-related tasks, and 
     rehabilitative services) based on the specific disability of 
     an otherwise eligible individual;
       ``(3) impose or utilize policies, practices, or procedures 
     that arbitrarily restrict an individual with a disability 
     from full and meaningful participation in community life;
       ``(4) impose or utilize policies, practices, or procedures 
     that unnecessarily delay or restrict the provision of 
     services in a home and community-based setting to any 
     individual who requires such services;
       ``(5) fail to establish and utilize adequate payment 
     structures to maintain a sufficient workforce to provide 
     services in home and community-based settings to any 
     individual who requires such services;
       ``(6) fail to provide information, on an ongoing basis, to 
     help any individual who receives care in a nursing facility, 
     intermediate care facility for the mentally retarded, 
     institution for mental disease, or

[[Page S3941]]

     other similarly restrictive or institutional setting, 
     understand the individual's right to choose to receive such 
     care in a home and community-based setting; or
       ``(7) fail to provide information to help any individual 
     that requires the level of care provided in a nursing 
     facility, intermediate care facility for the mentally 
     retarded, institution for mental disease, or other similarly 
     restrictive or institutional setting, prior to the 
     individual's placement in such a facility or institution, 
     understand the individual's right to choose to receive such 
     care in a home and community-based setting.
       ``(c) Plan to Increase Affordable and Accessible Housing.--
     Not later than 180 days after the enactment of this section, 
     each State shall develop a statewide plan to increase the 
     availability of affordable and accessible private and public 
     housing stock for individuals with disabilities (including 
     accessible housing for individuals with physical disabilities 
     and those using mobility devices).
       ``(d) Availability of Remedies and Procedures.--
       ``(1) In general.--The remedies and procedures set forth in 
     sections 203 and 505 of the Americans with Disabilities Act 
     of 1990 shall be available to any person aggrieved by the 
     failure of--
       ``(A) a State to comply with this section or section 
     1902(a)(82); or
       ``(B) a public entity (including a State) to comply with 
     the requirements of subsection (b).
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to limit any remedy or right of action that 
     otherwise is available to an aggrieved person under this 
     title.
       ``(e) Enforcement by the Secretary.--
       ``(1) In general.--The Secretary may reduce the Federal 
     matching assistance percentage applicable to the State (as 
     determined under section 1905(b)) if the Secretary determines 
     that the State has violated the requirements of subsection 
     (b).
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to limit any remedy or right of action that is 
     otherwise available to the Secretary.
       ``(f) Reporting Requirements.--With respect to fiscal year 
     2016, and for each fiscal year thereafter, each State shall 
     submit to the Administrator of the Administration for 
     Community Living of the Department of Health and Human 
     Services, not later than April 1 of the succeeding fiscal 
     year, a report, in such form and manner as the Secretary 
     shall require, that includes--
       ``(1) the total number of individuals enrolled in the State 
     plan or under a waiver of the plan during such fiscal year 
     that required the level of care provided in a nursing 
     facility, intermediate care facility for the mentally 
     retarded, institution for mental disease, or other similarly 
     restrictive or institutional setting, disaggregated by the 
     type of facility or setting;
       ``(2) with respect to the total number described in 
     paragraph (1), the total number of individuals described in 
     that paragraph who received care in a nursing facility, 
     intermediate care facility for the mentally retarded, 
     institution for mental disease, or other similarly 
     restrictive or institutional setting, disaggregated by the 
     type of facility or setting; and
       ``(3) with respect to the total number described in 
     paragraph (2), the total number of individuals described in 
     that paragraph who were transitioned from a nursing facility, 
     intermediate care facility for the mentally retarded, 
     institution for mental disease, or other similarly 
     restrictive or institutional setting to a home and community-
     based setting, disaggregated by the type of home and 
     community-based setting.''.
       (c) Inclusion as a Mandatory Service.--Section 
     1905(a)(4)(A) of the Social Security Act (42 U.S.C. 
     1396d(a)(4)(A)) is amended by striking ``other than'' and 
     inserting ``including similar services such as rehabilitative 
     services and assistance and support in accomplishing 
     activities of daily living, instrumental activities of daily 
     living, and health-related tasks, that are provided, at the 
     individual's option, in a home and community-based setting 
     (as defined in section 1904A(a)(3)), but not including''.
       (d) Application to Waivers.--Notwithstanding section 1904A 
     of the Social Security Act (as added by subsection (b)), such 
     section, and sections 1902(a)(82), and 1905(a)(4)(A) of the 
     Social Security Act (42 U.S.C. 1396 et seq.), as amended by 
     subsections (a) and (c), respectively, shall not apply to any 
     individuals who are eligible for medical assistance for home 
     and community-based services under a waiver under section 
     1115 or 1915 of the Social Security Act (42 U.S.C. 1315, 
     1396n) and who are receiving such services, to the extent 
     such sections (as so added or amended) are inconsistent with 
     any such waiver.
       (e) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on October 
     1, 2014.
       (2) Delay permitted if state legislation required.--In the 
     case of a State plan under section 1902 of the Social 
     Security Act (42 U.S.C. 1396a) which the Secretary of Health 
     and Human Services determines requires State legislation 
     (other than legislation appropriating funds) in order for the 
     plan to meet the additional requirements imposed by the 
     amendments made by this section, the State plan shall not be 
     regarded as failing to comply with the requirements of such 
     section 1902 solely on the basis of the failure of the plan 
     to meet such additional requirements before the 1st day of 
     the 1st calendar quarter beginning after the close of the 1st 
     regular session of the State legislature that begins after 
     the date of enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of such session shall be 
     deemed to be a separate regular session of the State 
     legislature.
                                 ______
                                 
      By Mr. WHITEHOUSE (for himself, Mr. Leahy, Mrs. Shaheen, Mr. 
        Bennet, Mr. King, Mr. Udall of New Mexico, Mr. Franken, Mr. 
        Schumer, Mrs. Hagan, Mr. Harkin, Mr. Reed, Mrs. Gillibrand, 
        Mrs. Boxer, Mr. Brown, Ms. Klobuchar, Ms. Hirono, Mr. Markey, 
        Mr. Johnson of South Dakota, Mr. Tester, Ms. Stabenow, Mr. 
        Nelson, Mr. Cardin, Mr. Casey, Mr. Rockefeller, Mrs. McCaskill, 
        Mr. Sanders, Ms. Warren, Mrs. Feinstein, Mrs. Murray, Mr. 
        Durbin, Mr. Coons, Mr. Udall of Colorado, Mr. Menendez, Mr. 
        Begich, Mr. Kaine, Mr. Warner, Mr. Walsh, Ms. Baldwin, Mr. 
        Heinrich, Mr. Carper, Mr. Blumenthal, Mr. Schatz, Mr. Reid, Mr. 
        Merkley, Ms. Heitkamp, Mr. Manchin, Mr. Murphy, Mr. Booker, Ms. 
        Cantwell, Mr. Levin, and Ms. Landrieu):
  S. 2516. A bill to amend the Federal Election Campaign Act of 1971 to 
provide for additional disclosure requirements for corporations, labor 
organizations, Super PACs and other entities, and for other purposes; 
to the Committee on Rules and Administration.
  Mr. LEAHY. Mr. President, today, I join with several Democratic 
Senators to reintroduce the DISCLOSE Act, renewing--for the third 
time--our fight to curtail some of the worst abuses resulting from the 
Supreme Court's decision in Citizens United. Republicans mounted 
filibusters of this commonsense bill when it was first introduced in 
2010 and then again when it was reintroduced in 2012. This was the case 
even though Republicans claim to support disclosure.
  Earlier this month, I chaired a hearing on a proposed constitutional 
amendment to repair the damage done by Citizens United and a series of 
other flawed Supreme Court decisions that have eviscerated our campaign 
finance laws. At this hearing, even Floyd Abrams, the noted First 
Amendment attorney who testified against the proposed amendment argued 
that he supported greater disclosure. And yet, Republicans have already 
filibustered this bill twice and are likely to continue filibustering 
it. I am hoping that Republicans have come to their senses after seeing 
how Citizens United has allowed unlimited, undisclosed money to pollute 
our elections.
  Since that decision, our elections have been defined by corporations 
and billionaires spending vast amounts of secret money to influence 
elections. In the 2012 election cycle, spending from undisclosed 
sources exceeded $310 million, a massive increase from the $69 million 
from undisclosed sources in the previous presidential election cycle in 
2008. And this number will only increase. No one doubts that.
  While states like Vermont and Congress continue their heavy lift of 
passing a constitutional amendment to address the flawed Supreme Court 
decisions that have gutted our campaign finance laws, the Senate can 
take more immediate action today. By passing the DISCLOSE Act, we can 
restore transparency and accountability to campaign finance laws by 
ensuring that all Americans know who is paying for campaign ads. This 
is a crucial step toward restoring the ability of Vermonters and all 
American voters to be able to speak, be heard and to hear competing 
voices, and not be drowned out by powerful corporate interests.
  We know disclosure laws can work because they do work for individual 
Americans donating directly to political campaigns. When you or I give 
money directly to a political candidate, our donation is not hidden. It 
is publicly disclosed. Yet those who oppose the DISCLOSE Act are 
standing up for special rights for corporations and wealthy donors that 
you and I do not have.
  Recently, the Washington Post documented a trend whereby politically 
active organizations manipulate and use

[[Page S3942]]

their tax-exempt status to keep its donor lists private even though 
these organizations are pouring millions of dollars of undisclosed 
money into our elections. The increase of secret money can only harm 
our political process. The DISCLOSE Act would fix this problem. This 
bill would require any organization spending money on political ads, 
including 501(c)(4)s and Super PACs, to disclose donors who had given 
$10,000 or more. This is a commonsense transparency measure that 
everyone should be willing to support.
  When the race is on for secret money and election campaigns are won 
or lost by who can collect the largest amount of unaccountable, secret 
donations, it puts at risk government of, by and for the people. In a 
democracy, our ballots should be secret not massive corporate campaign 
contributions. Disclosure of who is paying for election ads should not 
be kept secret from the public.
  Vermont is a small state. It would not take more than a tiny fraction 
of the corporate money flooding the airwaves in other states to 
outspend all of our local candidates combined. I know that the people 
of Vermont, like all Americans, take seriously their civic duty to 
choose wisely on Election Day. Like all Vermonters, I cherish the 
voters' role in the democratic process and am a staunch believer in the 
First Amendment. The rights of Vermonters and all Americans to speak to 
each other and to be heard should not be undercut by corporate 
spending.
  I hope that Republicans who have seen the impact of waves of 
unaccountable corporate campaign spending will join us to take up this 
important legislation. I hope Republican Senators will let us vote on 
the DISCLOSE Act and help us take an important step to ensure the 
ability of every American to be heard and to be able to meaningfully 
participate in free and fair elections.
                                 ______
                                 
      By Mr. LEAHY (for himself and Mr. Cornyn):
  S. 2520. A bill to improve the Freedom of Information Act; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, the Freedom of Information Act, FOIA, is 
one of our Nation's most important laws, established to give Americans 
greater access to their government and protect their ability to hold 
government accountable. In keeping with my commitment to support this 
law and expand its mission, today I join with Senator John Cornyn to 
introduce bipartisan legislation that will improve the implementation 
of FOIA.
  I have sought for decades to make our government more open and 
transparent. Senator Cornyn has been an important partner in these 
efforts, and our collaboration has resulted in the enactment of several 
improvements to FOIA: the OPEN Government Act, the first major reform 
to FOIA in more than a decade; the OPEN FOIA Act, which increased the 
transparency of legislative exemptions to FOIA; and the Faster FOIA 
Act, which responded to the concerns of FOIA requestors and addressed 
agency delays in processing requests.
  The FOIA Improvement Act we are introducing today will make 
additional improvements to the law. It will enshrine into law the 
presumption of openness that the President laid out on his first day in 
office. He said, ``The Freedom of Information Act should be 
administered with a clear presumption: In the face of doubt, openness 
prevails.'' Our bipartisan legislation will require that Federal 
agencies consider the public interest in the disclosure of government 
information before invoking a FOIA exemption. It will provide 
additional independence for the Office of Government Information 
Services, OGIS, created by the OPEN Government Act in 2007, and reduce 
the overuse of Exemption 5 to withhold information by adding a public 
interest balancing test.
  There has been significant progress in improving the FOIA process 
over the years, but I am concerned that the growing trend towards 
relying upon FOIA exemptions to withhold large swaths of government 
information is hindering the public's right to know. According to the 
OpenTheGovernment.org 2013 Secrecy Report, Federal agencies used 
Exemption 5 more than 79,000 times in 2012--an incredible 41 percent 
increase from the previous year. This does not exemplify the 
presumption of openness that we expect from our Government, and that is 
why Senator Cornyn and I are introducing the FOIA Improvement Act 
today.
  Both Democrats and Republicans understand that a commitment to 
transparency is a commitment to the American values of openness and 
accountability, and to the public's right to know what their government 
is doing. I value the strong partnership that I have formed with 
Senator Cornyn on open government matters. Ensuring an open government 
should be a nonpartisan issue, and I invite all Members to support the 
FOIA Improvement Act of 2014.
  Mr. President I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2520

       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 Improvement Act of 
     2014''.

     SEC. 2. AMENDMENTS TO FOIA.

       Section 552 of title 5, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``for public inspection and copying'' and inserting ``for 
     public inspection in an electronic format'';
       (ii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) copies of all records, regardless of form or format--
       ``(i) that have been released to any person under paragraph 
     (3); and
       ``(ii)(I) that because of the nature of their subject 
     matter, the agency determines have become or are likely to 
     become the subject of subsequent requests for substantially 
     the same records; or
       ``(II) that have been requested not less than 3 times; 
     and''; and
       (iii) in the undesignated matter following subparagraph 
     (E), by striking ``public inspection and copying current'' 
     and inserting ``public inspection in an electronic format, 
     and current'';
       (B) in paragraph (4)(A), by striking clause (viii) and 
     inserting the following:
       ``(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 has failed to comply with any time limit under 
     paragraph (6).
       ``(II)(aa) If an agency determines that unusual 
     circumstances apply (as the term is defined in paragraph 
     (6)(B)) and the agency provides 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 a court determines 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.'';
       (C) in paragraph (6)--
       (i) in subparagraph (A)(i), by striking ``making such 
     request'' and all that follows through ``determination; and'' 
     and inserting the following: ``making such request of--''
       ``(I) such determination and the reasons therefore;
       ``(II) the right of such person to seek assistance from the 
     FOIA Public Liaison of the agency; and
       ``(III) in the case of an adverse determination--

       ``(aa) the right of such person to appeal to the head of 
     the agency, within a period determined by the head of the 
     agency that is not less than 90 days after the receipt of 
     such adverse determination; and
       ``(bb) the right of such person to seek dispute resolution 
     services from the FOIA Public Liaison of the agency or the 
     Office of Government Information Services; and''; and

       (ii) in subparagraph (B)(ii), by striking ``the agency.'' 
     and inserting ``the agency, and notify the requester of the 
     right of the requester to seek dispute resolution services 
     from the Office of Government Information Services.''; and
       (D) by adding at the end the following:
       ``(8) An agency--
       ``(A) shall--
       ``(i) withhold information under this section only if--
       ``(I) the agency reasonably foresees that disclosure would 
     harm an interest protected by an exemption described in 
     subsection (b) or other provision of law; or
       ``(II) disclosure is prohibited by law; and
       ``(ii)(I) consider whether partial disclosure of 
     information is possible whenever the agency determines that a 
     full disclosure of a requested record is not possible; and
       ``(II) take reasonable steps necessary to segregate and 
     release nonexempt information; and
       ``(B) may not--

[[Page S3943]]

       ``(i) withhold information requested under this section 
     merely because the agency can demonstrate, as a technical 
     matter, that the records fall within the scope of an 
     exemption described in subsection (b); or
       ``(ii) withhold information requested under this section 
     because the information may be embarrassing to the agency or 
     because of speculative or abstract concerns.'';
       (2) in subsection (b), by amending paragraph (5) to read as 
     follows:
       ``(5) inter-agency or intra-agency memorandums or letters 
     that would not be available by law to a party other than an 
     agency in litigation with the agency, if--
       ``(A) in the case of deliberative process privilege or 
     attorney work-product privilege, the agency interest in 
     protecting the records or information is not outweighed by a 
     public interest in disclosure;
       ``(B) in the case of attorney-client privilege, the agency 
     interest in protecting the records or information is not 
     outweighed by a compelling public interest in disclosure; and
       ``(C) the requested record or information was created less 
     than 25 years before the date on which the request was 
     made;'';
       (3) in subsection (e)
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``and to the Director of the Office of Government Information 
     Services'' after ``United States'';
       (ii) in subparagraph (N), by striking ``and'' at the end;
       (iii) in subparagraph (O), by striking the period at the 
     end and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(P) the number of times the agency denied a request for 
     records under subsection (c); and
       ``(Q) the number of records that were made available for 
     public inspection in an electronic format under subsection 
     (a)(2).'';
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Each agency shall make each such report available for 
     public inspection in an electronic format. In addition, each 
     agency shall make the raw statistical data used in each 
     report available in a timely manner for public inspection in 
     an electronic format, which shall be made available--
       ``(A) without charge, license, or registration requirement;
       ``(B) in an aggregated, searchable format; and
       ``(C) in a format that may be downloaded in bulk.'';
       (C) in paragraph (4)--
       (i) by striking ``Government Reform and Oversight'' and 
     inserting ``Oversight and Government Reform'';
       (ii) by inserting ``Homeland Security and'' before 
     ``Governmental Affairs''; and
       (iii) by striking ``April'' and inserting ``March''; and
       (D) by striking paragraph (6) and inserting the following:
       ``(6)(A) The Attorney General of the United States shall 
     submit to the Committee on Oversight and Government Reform of 
     the House of Representatives, the Committee on Judiciary of 
     the Senate, and the President a 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) a listing of--
       ``(I) each subsection, and any exemption, if applicable, 
     involved in each case arising under this section;
       ``(II) the disposition of each case arising under this 
     section; and
       ``(III) 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) The Attorney General of the United States shall 
     make--
       ``(i) each report submitted under subparagraph (A) 
     available for public inspection in an electronic format; and
       ``(ii) the raw statistical data used in each report 
     submitted under subparagraph (A) available for public 
     inspection in an electronic format, which shall be made 
     available--
       ``(I) without charge, license, or registration requirement;
       ``(II) in an aggregated, searchable format; and
       ``(III) in a format that may be downloaded in bulk.'';
       (4) in subsection (g), in the matter preceding paragraph 
     (1), by striking ``publicly available upon request'' and 
     inserting ``available for public inspection in an electronic 
     format'';
       (5) in subsection (h)--
       (A) in paragraph (1), by adding at the end the following: 
     ``The head of the Office shall be the Director of the Office 
     of Government Information Services.'';
       (B) in paragraph (2), by striking subparagraph (C) and 
     inserting the following:
       ``(C) identify procedures and methods for improving 
     compliance under this section.'';
       (C) by striking paragraph (3) and inserting the following:
       ``(3) The Office of Government Information Services shall 
     offer mediation services to resolve disputes between persons 
     making requests under this section and administrative 
     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 a dispute.''; and
       (D) by adding at the end the following:
       ``(4)(A) Not less frequently than annually, the Director of 
     the Office of Government Information Services shall submit to 
     the Committee on Oversight and Government Reform of the House 
     of Representatives, the Committee on the Judiciary of the 
     Senate, and the President--
       ``(i) a report on the findings of the information reviewed 
     and identified under paragraph (2);
       ``(ii) a summary of the activities of the Office of 
     Government Information Services under paragraph (3), 
     including--
       ``(I) any advisory opinions issued; and
       ``(II) the number of times each agency engaged in dispute 
     resolution with the assistance of the Office of Government 
     Information Services or the FOIA Public Liaison; and
       ``(iii) legislative and regulatory recommendations, if any, 
     to improve the administration of this section.
       ``(B) The Director of the Office of Government Information 
     Services shall make each report submitted under subparagraph 
     (A) available for public inspection in an electronic format.
       ``(C) The Director of the Office of Government Information 
     Services shall not be required to obtain the prior approval, 
     comment, or review of any officer or agency of the United 
     States, including the Department of Justice, the Archivist of 
     the United States, or the Office of Management and Budget 
     before submitting to the Congress, or any committee or 
     subcommittee thereof, any reports, recommendations, 
     testimony, or comments, if such submissions include a 
     statement indicating that the views expressed therein are 
     those of the Director and do not necessarily represent the 
     views of the President.
       ``(5) The Director of the Office of Government Information 
     Services may submit additional information to Congress and 
     the President as the Director determines to be appropriate.
       ``(6) Not less frequently than annually, the Office of 
     Government Information Services shall conduct a meeting that 
     is open to the public on the review and reports by the Office 
     and shall allow interested persons to appear and present oral 
     or written statements at the meeting.''; and
       (6) by striking subsections (i), (j), and (k), and 
     inserting the following:
       ``(i) 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; and
       ``(2) catalog the number of exemptions described in 
     subsection (b)(3) and the use of such exemptions by each 
     agency.
       ``(j)(1) 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) 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) offer training to agency staff regarding their 
     responsibilities under this section;
       ``(G) serve as the primary agency liaison with the Office 
     of Government Information Services and the Office of 
     Information Policy; and
       ``(H) designate 1 or more FOIA Public Liaisons.
       ``(3) The Chief FOIA Officer of each agency shall review, 
     not less frequently than annually, all aspects of the 
     administration of this section by the agency to ensure 
     compliance with the requirements of this section, including--
       ``(A) agency regulations;
       ``(B) disclosure of records required under paragraphs (2) 
     and (8) of subsection (a);
       ``(C) assessment of fees and determination of eligibility 
     for fee waivers;
       ``(D) the timely processing of requests for information 
     under this section;
       ``(E) the use of exemptions under subsection (b); and
       ``(F) dispute resolution services with the assistance of 
     the Office of Government Information Services or the FOIA 
     Public Liaison.
       ``(k)(1) There is established in the executive branch the 
     Chief FOIA Officers Council

[[Page S3944]]

     (referred to in this subsection as the `Council').
       ``(2) The Council shall be comprised 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.
       ``(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) The Director of the Office of Information Policy at 
     the Department of Justice and the Director of the Office of 
     Government Information Services shall be the Co-Chairs of the 
     Council.
       ``(4) The Administrator of General Services shall provide 
     administrative and other support for the Council.
       ``(5)(A) The duties of the Council shall include the 
     following:
       ``(i) Develop recommendations for increasing compliance and 
     efficiency under this section.
       ``(ii) Disseminate information about agency experiences, 
     ideas, best practices, and innovative approaches related to 
     this section.
       ``(iii) Identify, develop, and coordinate initiatives to 
     increase transparency and compliance with this section.
       ``(iv) Promote the development and use of common 
     performance measures for agency compliance with this section.
       ``(B) In performing the duties described in subparagraph 
     (A), the Council shall consult on a regular basis with 
     members of the public who make requests under this section.
       ``(6)(A) 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) Not less frequently than annually, 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) Not later than 10 business days before a meeting of 
     the Council, notice of such meeting shall be published in the 
     Federal Register.
       ``(D) 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) 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. The minutes shall be 
     redacted as necessary and made publicly available.''.

     SEC. 3. REVIEW AND ISSUANCE OF REGULATIONS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the head of each agency (as defined in 
     section 551 of title 5, United States Code) 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 section 2.
       (b) Requirements.--The regulations of each agency shall 
     include procedures for engaging in dispute resolution through 
     the FOIA Public Liaison and the Office of Government 
     Information Services.

     SEC. 4. PROACTIVE DISCLOSURE THROUGH RECORDS MANAGEMENT.

       Section 3102 of title 44, United States Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4); and
       (2) by inserting after paragraph (1) the following:
       ``(2) procedures for identifying records of general 
     interest or use to the public that are appropriate for public 
     disclosure, and for posting such records in a publicly 
     accessible electronic format;''.

     SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.

       No additional funds are authorized to carry out the 
     requirements of this Act or the amendments made by this Act. 
     The requirements of this Act and the amendments made by this 
     Act shall be carried out using amounts otherwise authorized 
     or appropriated.

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