[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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