[Congressional Record Volume 162, Number 6 (Monday, January 11, 2016)]
[House]
[Pages H249-H255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             FOIA OVERSIGHT AND IMPLEMENTATION ACT OF 2015

  Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 653) 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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 653

       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)'';
       (II) by striking ``subparagraph (E)'' and inserting 
     ``subparagraph (F)''; and

       (B) in paragraph (7)--
       (i) in subparagraph (A)--

       (I) by striking ``that will take longer than ten days to 
     process''; and
       (II) by striking ``; and'' and inserting a semicolon;

       (ii) in subparagraph (B)--

       (I) by inserting ``automated'' after ``provides''; and
       (II) by striking the period at the end of clause (ii) and 
     inserting ``; and''; and

       (iii) by adding at the end the following new subparagraph:
       ``(C) provide a name, phone number, and email address for 
     an agency employee who can provide current information about 
     the status of each request received.'';
       (2) in subsection (g), by striking ``make publicly 
     available upon request'' and inserting ``make available in an 
     electronic, publicly accessible format''; and
        (3) by adding at the end the following new subsection:
       ``(m) Electronic Submission of Requests.--
       ``(1) Consolidated online request portal.--The Director of 
     the Office of Management and Budget, in consultation with the 
     Attorney General, shall ensure the operation of a 
     consolidated online request portal that allows a member of 
     the public to submit a request for records under subsection 
     (a) to any agency from a single website. The portal may 
     include any additional tools the Director of the Office of 
     Management and Budget finds will improve the implementation 
     of this section.
       ``(2) Rule of construction.--This subsection shall not be 
     construed to alter the power of any other agency to create or 
     maintain an independent online portal for the submission of a 
     request for records under this section. The Director of the 
     Office of Management and Budget shall establish standards for 
     interoperability between the portal required under paragraph 
     (1) and other request processing software used by agencies 
     subject to this section.
       ``(3) Email request required.--At a minimum, each agency 
     shall accept requests for records under subsection (a) 
     through an email address and shall publish such email address 
     on the website of the agency.''.
       (b) Presumption of Openness.--
       (1) Amendments.--Section 552(b) of title 5, United States 
     Code, is amended--
       (A) in paragraph (5), by inserting after ``with the 
     agency'' the following: ``, excluding--
       ``(A) opinions that are controlling interpretations of law;
       ``(B) final reports or memoranda created by an entity other 
     than the agency, including other Governmental entities, at 
     the request of the agency and used to make a final policy 
     decision;
       ``(C) guidance documents used by the agency to respond to 
     the public; and
       ``(D) records or information created 25 years or more 
     before the date on which a request is made under subsection 
     (a)(3);'';
       (B) in paragraph (6), by striking ``similar files'' and 
     inserting ``personal information such as contact information 
     or financial information''; and
       (C) in the matter following paragraph (9)--
       (i) by inserting before ``Any reasonably segregable 
     portion'' the following: ``An agency may not withhold 
     information under this subsection unless such agency 
     reasonably foresees that disclosure would cause specific 
     identifiable harm to an interest protected by an exemption, 
     or if disclosure is prohibited by law.''; and
       (ii) by inserting before ``If technically feasible,'' the 
     following: ``For each record withheld in whole or in part 
     under paragraph (3), the agency shall identify the statute 
     that exempts the record from disclosure.''
       (2) Rules of construction.--
       (A) Intelligence sources and methods.--Nothing in the 
     amendments made by this Act to section 552(b) of title 5, 
     United States Code, shall be construed to require the 
     disclosure of information that--
       (i) is exempt under paragraph (1) of such section; or
       (ii) would adversely affect intelligence sources and 
     methods that are protected by an exemption under such 
     section.
       (B) Personal privacy.--For purposes of section 552(b)(6) of 
     title 5, United States Code, as amended by this Act, the term 
     ``personal privacy'' may not be construed to include the name 
     of a Federal employee engaged in an official duty of such 
     employee.
       (3) Exemption decision transparency.--Section 
     552(a)(6)(C)(i) of title 5, United States Code, is amended by 
     striking the

[[Page H250]]

     fourth sentence and inserting at the end the following: ``Any 
     notification of denial or partial denial of any request for 
     records under this subsection shall set forth each name and 
     title or position of each person responsible for the denial 
     or partial denial or any decision to withhold a responsive 
     record under subsection (b).''.
       (c) Requests From Congress.--Section 552(d) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``In responding to requests from Congress for 
     information, an agency may not assert that information may be 
     withheld from Congress under this section.''.
       (d) Assessment of Attorney Fees and Other Litigation 
     Costs.--Section 552(a)(4)(E)(i) of title 5, United States 
     Code, is amended by striking ``The court may'' and inserting 
     ``The court shall''.
       (e) Office of Government Information Services.--Section 552 
     of title 5, United States Code, is amended--
       (1) in subsection (a)(4)(A)(i), by striking ``the Director 
     of the Office of Management and Budget'' and inserting ``the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Information Services,''; and
       (2) by amending subsection (h) to read as follows:
       ``(h) Office of Government Information Services.--
       ``(1) Establishment.--There is established the Office of 
     Government Information Services within the National Archives 
     and Records Administration. The head of the Office is the 
     Director of the Office of Government Information Services.
       ``(2) Review of foia policy, procedure, and compliance.--
     The Office of Government Information Services shall--
       ``(A) review policies and procedures of agencies under this 
     section;
       ``(B) review compliance with this section by agencies;
       ``(C) identify methods that improve compliance under this 
     section that may include--
       ``(i) the timely processing of requests submitted to 
     agencies under this section;
       ``(ii) the system for assessing fees and fee waivers under 
     this section; and
       ``(iii) the use of any exemption under subsection (b); and
       ``(D) review and provide guidance to agencies on the use of 
     fees and fee waivers.
       ``(3) Mediation services.--The Office of Government 
     Information Services shall offer mediation services to 
     resolve disputes between persons making requests under this 
     section and agencies as a non-exclusive alternative to 
     litigation and may issue advisory opinions at the discretion 
     of the Office or upon request of any party to such mediation 
     services.
       ``(4) Submission of report.--
       ``(A) In general.--The Office of Government Information 
     Services shall not less than annually submit to the 
     committees described in subparagraph (C) and the President a 
     report on the findings from the information reviewed and 
     identified under paragraph (2), a summary of the Office's 
     activities under paragraph (3) (including any advisory 
     opinions issued), and legislative and regulatory 
     recommendations to improve the administration of this 
     section.
       ``(B) Electronic availability of reports.--The Office shall 
     make available any report submitted under subparagraph (A) in 
     an electronic, publicly accessible format.
       ``(C) Congressional submission of report.--The committees 
     described in this subparagraph are the following:
       ``(i) The Committee on Oversight and Government Reform of 
     the House of Representatives.
       ``(ii) The Committees on Homeland Security and Governmental 
     Affairs and the Judiciary of the Senate.
       ``(D) Direct submission of reports and testimony.--Any 
     report submitted under subparagraph (A), any testimony, or 
     any other communication to Congress shall be submitted 
     directly to the committees and the President, without any 
     requirement that any officer or employee outside of the 
     Office of Government Information Services, including the 
     Archivist of the United States and the Director of the Office 
     of Management and Budget, review such report, testimony, or 
     other communication.
       ``(5) Submission of additional information.--The Director 
     of the Office of Government Information Services may submit 
     additional information to Congress and the President that the 
     Director determines to be appropriate.
       ``(6) Annual meeting required.--Not less than once a year, 
     the Office of Government Information Services shall hold a 
     meeting that is open to the public on the review and reports 
     by the Office and permit interested persons to appear and 
     present oral or written statements at such meeting.''.
       (f) Public Resources.--Section 552(a)(6) of title 5, United 
     States Code, is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``of such determination and 
     the reasons therefor, and of the right of such person to 
     appeal to the head of the agency any adverse determination; 
     and'' and inserting the following: ``of--
       ``(I) such determination and the reasons therefor;
       ``(II) the right of such person to seek assistance from the 
     agency FOIA Public Liaison; and
       ``(III) the right of such person to appeal to the head of 
     the agency any adverse determination, within a period 
     determined by the agency that is not less than 90 days after 
     the receipt of such adverse determination; and''; and
       (B) in clause (ii), by striking the period at the end and 
     inserting the following: ``and the right of such person to 
     seek dispute resolution services from the agency FOIA Public 
     Liaison or the Office of Government Information Services.'';
       (2) in subparagraph (B)--
       (A) by redesignating clause (iv) as clause (v); and
       (B) by inserting after clause (iii) the following new 
     clause (iv):
       ``(iv) When an agency consults with an entity with 
     substantial interests in the determination of a request (in 
     this clause referred to as the `consulted entity'):

       ``(I) The agency shall notify the requestor of the 
     consultation in writing, including each of the following:

       ``(aa) A brief description of the consultation process.
       ``(bb) The name of each consulted entity, unless otherwise 
     prohibited by law.
       ``(cc) An approximate number of pages, or other description 
     of the volume of records, that each consulted entity is 
     reviewing.

       ``(II) The agency shall notify the consulted entity of the 
     need to consult in writing, including each of the following:

       ``(aa) An approximate number of pages, or other description 
     of the volume of records, that the entity is requested to 
     review.
       ``(bb) A request to provide a complete response within 15 
     days after the date on which the notification is sent and a 
     notice that after the expiration of that time period the 
     agency will proceed with the compliance of the request if a 
     completed response is not received.
       ``(cc) If the number of records in the consultation under 
     this clause exceeds 3,000 pages, a notification that the 
     consulted entity shall have 15 days after the date on which 
     the notice is sent to submit a substantial response and that 
     a response on at least 3,000 pages not less than every five 
     days thereafter is required to continue the consultation 
     period.
       ``(dd) If the consulted entity is unable or anticipates 
     that the entity will be unable to complete the consultation 
     within the time period described, a notification that the 
     consulted entity may request mediation services at the Office 
     of Government Information Services to set an alternative 
     consultation schedule.

       ``(III) If the requesting agency has not received a 
     completed request within the time period described in the 
     consultation notice, the agency shall request that the 
     consulted entity engage in mediation services with the Office 
     of Government Information Services. If the consulted entity 
     is an agency, the consulted agency shall agree to participate 
     in mediation services.
       ``(IV) If the consulted entity requests or agrees to engage 
     in mediation services, the requesting agency shall notify the 
     requester of the mediation and the opportunity to participate 
     in the mediation, if participation is not otherwise 
     prohibited by law. The parties in the mediation shall 
     determine a reasonable schedule of completion and a date by 
     which the requesting agency shall complete the response to 
     the request.
       ``(V) If the consulted entity does not respond or rejects 
     the offer to mediate an alternative schedule, the requesting 
     agency shall complete the response to the requester.
       ``(VI) The previous provisions of this clause shall not 
     apply when the consulted entity is an element of the 
     intelligence community (as defined in section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 3003(4))).''; and

       (3) in subparagraph (F), by striking ``any such estimate to 
     the person making the request, unless providing such estimate 
     would harm an interest protected by the exemption in 
     subsection (b) pursuant to which the denial is made.'' and 
     inserting the following: ``to the person making the request 
     the following:
       ``(i) Any such estimate, unless providing such estimate 
     would harm an interest protected by the exemption in 
     subsection (b) pursuant to which the denial is made.
       ``(ii) A list of all records requested the provision of 
     which was denied, unless the disclosure of such record is 
     prohibited by law.''.
       (g) Additional Disclosure of Information Requirements.--
     Section 552(a) of title 5, United States Code, is amended by 
     adding at the end the following new paragraphs:
       ``(8) Disclosure of Information for Increased Public 
     Understanding of the Government.--Each agency shall--
       ``(A) review the records of such agency to determine 
     whether the release of the records would be in the public 
     interest because it is likely to contribute significantly to 
     public understanding of the operations or activities of the 
     Government;
       ``(B) for records determined to be in the public interest 
     under subparagraph (A), reasonably segregate and redact any 
     information exempted from disclosure under subsection (b); 
     and
       ``(C) make available in an electronic, publicly accessible 
     format, any records identified in subparagraph (A), as 
     modified pursuant to subparagraph (B).
       ``(9) Increased Disclosure of Information.--Each agency 
     shall--
       ``(A) make information public to the greatest extent 
     possible through modern technology to--
       ``(i) inform the public of the operations and activities of 
     the Government; and
       ``(ii) ensure timely disclosure of information; and

[[Page H251]]

       ``(B) establish procedures for identifying categories of 
     records that may be disclosed regularly and additional 
     records of interest to the public that are appropriate for 
     public disclosure, and for posting such records in an 
     electronic, publicly accessible format.''.
       (h) Report on Categories of Information for Disclosure.--
     Not later than 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.
       (i) Agency FOIA Report.--Section 552(e) of title 5, United 
     States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``and to the Director of the Office of 
     Government Information Services'' after ``the Attorney 
     General of the United States'';
       (B) in subparagraph (N), by striking ``; and'' and 
     inserting a semicolon;
       (C) in subparagraph (O), by striking the period and 
     inserting a semicolon; and
       (D) by adding at the end the following new subparagraphs:
       ``(P) the number of times the agency invoked a law 
     enforcement exclusion under subsection (c);
       ``(Q) the number of times the agency engaged in dispute 
     resolution with the assistance of the Office of Government 
     Information Services or the FOIA Public Liaison;
       ``(R) the number of records that were made available in an 
     electronic, publicly accessible format under subsection 
     (a)(2); and
       ``(S) the number of times the agency assessed a search or 
     duplication fee under subsection (a)(4)(A) and did not comply 
     with a time limit under subsection (a)(6).'';
       (2) by amending paragraph (3) to read as follows:
       ``(3) Electronic Accessibility of Reports.--Each agency 
     shall make each such report available in an electronic, 
     publicly accessible format. In addition, each agency shall 
     make the raw statistical data used in its reports available 
     in a timely manner in an electronic, publicly accessible 
     format. Such data shall be--
       ``(A) made available without charge, license, or 
     registration requirement;
       ``(B) capable of being searched and aggregated; and
       ``(C) permitted to be downloaded and downloaded in bulk.'';
       (3) in paragraph (4)--
       (A) by striking ``Committee on Government Reform and 
     Oversight'' and inserting ``Committee on Oversight and 
     Government Reform'';
       (B) by striking ``Governmental Affairs'' and inserting 
     ``Homeland Security and Governmental Affairs''; and
       (C) by striking ``April 1'' and inserting ``March 1'';
       (4) in paragraph (5)--
       (A) by inserting ``and the Director of the Office of 
     Government Information Services'' after ``the Director of the 
     Office of Management and Budget''; and
       (B) by striking ``by October 1, 1997''; and
       (5) by amending paragraph (6) to read as follows:
       ``(6) Attorney General FOIA Report.--
       ``(A) In general.--The Attorney General of the United 
     States shall submit to Congress and the President an annual 
     report on or before March 1 of each calendar year which shall 
     include for the prior calendar year--
       ``(i) a listing of the number of cases arising under this 
     section, including for each case, as applicable--
       ``(I) each subsection under this section;
       ``(II) each paragraph of each such subsection;
       ``(III) any exemption;
       ``(IV) the disposition of such case; and
       ``(V) the cost, fees, and penalties assessed under 
     subparagraphs (E), (F), and (G) of subsection (a)(4); and
       ``(ii) a description of the efforts undertaken by the 
     Department of Justice to encourage agency compliance with 
     this section.
       ``(B) Electronic availability.--The Attorney General of the 
     United States--
       ``(i) shall make each report described under subparagraph 
     (A) available in an electronic, publicly accessible format; 
     and
       ``(ii) shall make the raw statistical data used in each 
     report available in an electronic, publicly accessible 
     format, which shall be--
       ``(I) made available without charge, license, or 
     registration requirement;
       ``(II) capable of being searched and aggregated; and
       ``(III) permitted to be downloaded, including downloaded in 
     bulk.''.
       (j) Search or Duplication Fees.--Section 552(a)(4)(A) of 
     title 5, United States Code, is amended by striking clause 
     (viii) and inserting the following new clause:
       ``(viii)(I) Except as provided in subclause (II), an agency 
     shall not assess any search fees (or in the case of a 
     requester described under clause (ii)(II) of this 
     subparagraph, duplication fees) under this subparagraph if 
     the agency fails to comply with any time limit described in 
     paragraph (6).
       ``(II)(aa) If an agency has determined that unusual 
     circumstances apply (as the term is defined in paragraph 
     (6)(B)) and the agency provided a timely written notice to 
     the requester in accordance with paragraph (6)(B), a failure 
     described in subclause (I) is excused for an additional 10 
     days. If the agency fails to comply with the extended time 
     limit, the agency may not assess any search fees (or in the 
     case of a requester described under clause (ii)(II) of this 
     subparagraph, duplication fees).
       ``(bb) If an agency has determined that unusual 
     circumstances apply and more than 3,000 pages are necessary 
     to respond to the request, an agency may charge search fees 
     (or in the case of a requester described under clause 
     (ii)(II) of this subparagraph, duplication fees) if the 
     agency has provided a timely written notice to the requester 
     in accordance with paragraph (6)(B) and the agency has 
     discussed with the requester via written mail, electronic 
     mail, or telephone (or made not less than 3 good-faith 
     attempts to do so) how the requester could effectively limit 
     the scope of the request in accordance with paragraph 
     (6)(B)(ii).
       ``(cc) If a court has determined that exceptional 
     circumstances exist (as that term is defined in paragraph 
     (6)(C)), a failure described in subclause (I) shall be 
     excused for the length of time provided by the court order.
       ``(ix) When assessing or estimating fees, agencies shall 
     provide a detailed explanation of the fee calculation, 
     including--
       ``(I) the actual or estimated number, as appropriate, of--
       ``(aa) records duplicated;
       ``(bb) hours of searching;
       ``(cc) files searched;
       ``(dd) records searched;
       ``(ee) custodians searched;
       ``(ff) records reviewed; and
       ``(gg) hours of review;
       ``(II) citations to the fee schedule for each category of 
     fee assessed; and
       ``(III) in the case of an estimate, the basis for such 
     estimate.''.
       (k) Government Accountability Office.--Subsection (i) of 
     section 552 of title 5, United States Code, is amended to 
     read as follows:
       ``(i) Government Accountability Office.--The Government 
     Accountability Office shall--
       ``(1) conduct audits of administrative agencies on 
     compliance with and implementation of the requirements of 
     this section and issue reports detailing the results of such 
     audits;
       ``(2) catalog the number of exemptions under subsection 
     (b)(3) and agency use of such exemptions; and
       ``(3) review and prepare a report on the processing of 
     requests by agencies for information pertaining to an entity 
     that has received assistance under title I of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) 
     during any period in which the Government owns or owned more 
     than 50 percent of the stock of such entity.''.
       (l) Chief FOIA Officer Responsibilities; Council; Review.--
     Section 552 of title 5, United States Code, is amended--
       (1) by striking subsections (j) and (k); and
       (2) by inserting after subsection (i), the following new 
     subsections:
       ``(j) Chief FOIA Officer.--
       ``(1) Designation.--Each agency shall designate a Chief 
     FOIA Officer who shall be a senior official of such agency 
     (at the Assistant Secretary or equivalent level).
       ``(2) Duties.--The Chief FOIA Officer of each agency shall, 
     subject to the authority of the head of the agency--
       ``(A) have agency-wide responsibility for efficient and 
     appropriate compliance with this section;
       ``(B) monitor implementation of this section throughout the 
     agency and keep the head of the agency, the chief legal 
     officer of the agency, and the Attorney General appropriately 
     informed of the agency's performance in implementing this 
     section;
       ``(C) recommend to the head of the agency such adjustments 
     to agency practices, policies, personnel, and funding as may 
     be necessary to improve the implementation of this section;
       ``(D) review and report to the Attorney General, through 
     the head of the agency, at such times and in such formats as 
     the Attorney General may direct, on the agency's performance 
     in implementing this section;
       ``(E) facilitate public understanding of the purposes of 
     the statutory exemptions of this section by including concise 
     descriptions of the exemptions in both the agency's handbook 
     issued under subsection (g), and the agency's annual report 
     on this section, and by providing an overview, where 
     appropriate, of certain general categories of agency records 
     to which those exemptions apply;
       ``(F) serve as the primary agency liaison with the Office 
     of Government Information Services and the Office of 
     Information Policy; and
       ``(G) designate one or more FOIA Public Liaisons.
       ``(3) Compliance review required.--The Chief FOIA Officer 
     of each agency shall--
       ``(A) review, not less than annually, all aspects of the 
     agency's administration of this section to ensure compliance 
     with the requirements of this section, including--
       ``(i) agency regulations;
       ``(ii) disclosure of records required under paragraphs (2), 
     (8), and (9) of subsection (a);
       ``(iii) assessment of fees and determination of eligibility 
     for fee waivers;
       ``(iv) the timely processing of requests for information 
     under this section;
       ``(v) the use of exemptions under subsection (b); and

[[Page H252]]

       ``(vi) dispute resolution services with the assistance of 
     the Office of Government Information Services or the FOIA 
     Public Liaison; and
       ``(B) make recommendations as necessary to improve agency 
     practices and compliance with this section.
       ``(k) Chief FOIA Officers Council.--
       ``(1) Establishment.--There is established in the executive 
     branch the Chief FOIA Officers Council (in this subsection, 
     referred to as the `Council').
       ``(2) Members.--The Council shall consist of the following 
     members:
       ``(A) The Deputy Director for Management of the Office of 
     Management and Budget.
       ``(B) The Director of the Office of Information Policy at 
     the Department of Justice.
       ``(C) The Director of the Office of Government Information 
     Services at the National Archives and Records Administration.
       ``(D) The Chief FOIA Officer of each agency.
       ``(E) Any other officer or employee of the United States as 
     designated by the Co-Chairs.
       ``(3) Co-chairs.--The Director of the Office of Information 
     Policy at the Department of Justice and the Director of the 
     Office of Government Information Services at the National 
     Archives and Records Administration shall be the Co-Chairs of 
     the Council.
       ``(4) Support services.--The Administrator of General 
     Services shall provide administrative and other support for 
     the Council.
       ``(5) Consultation.--In performing its duties, the Council 
     shall consult regularly with members of the public who make 
     requests under this section.
       ``(6) Duties.--The duties of the Council include the 
     following:
       ``(A) Develop recommendations for increasing compliance and 
     efficiency under this section.
       ``(B) Disseminate information about agency experiences, 
     ideas, best practices, and innovative approaches related to 
     this section.
       ``(C) Identify, develop, and coordinate initiatives to 
     increase transparency and compliance with this section.
       ``(D) Promote the development and use of common performance 
     measures for agency compliance with this section.
       ``(7) Meetings.--
       ``(A) Regular meetings.--The Council shall meet regularly 
     and such meetings shall be open to the public unless the 
     Council determines to close the meeting for reasons of 
     national security or to discuss information exempt under 
     subsection (b).
       ``(B) Annual meetings.--Not less than once a year, the 
     Council shall hold a meeting that shall be open to the public 
     and permit interested persons to appear and present oral and 
     written statements to the Council.
       ``(C) Notice.--Not later than 10 business days before a 
     meeting of the Council, notice of such meeting shall be 
     published in the Federal Register.
       ``(D) Public availability of council records.--Except as 
     provided in subsection (b), the records, reports, 
     transcripts, minutes, appendixes, working papers, drafts, 
     studies, agenda, or other documents that were made available 
     to or prepared for or by the Council shall be made publicly 
     available.
       ``(E) Minutes.--Detailed minutes of each meeting of the 
     Council shall be kept and shall contain a record of the 
     persons present, a complete and accurate description of 
     matters discussed and conclusions reached, and copies of all 
     reports received, issued, or approved by the Council.''.
       (m) Excluded Records.--Section 552(c) of title 5, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(4) An agency shall notify the Department of Justice in 
     each instance records responsive to a request have been 
     identified that the agency determines are not subject to the 
     requirements of this section under paragraphs (1), (2), or 
     (3) and shall provide the Department of Justice with a 
     detailed justification for such determination for each such 
     instance. The Department of Justice shall maintain records of 
     each notification and justification received. An agency may 
     treat records created under this paragraph as not subject to 
     the requirements under this section.''.
       (n) Agency Performance; Adverse Actions.--
       (1) In general.--Section 552 of title 5, United States 
     Code, is further amended by adding at the end the following 
     new subsection:
       ``(n) Agency Performance.--
       ``(1) Performance reviews.--Performance appraisals under 
     chapter 43 of this title shall include consideration of the 
     employee's responsibility for, and compliance with, this 
     section as appropriate.
       ``(2) Agency-wide training.--Each agency shall ensure 
     agency employees receive annual training on the 
     responsibilities of the agency under this section, including 
     the specific responsibilities of each employee, such as 
     responding promptly to requests for records and providing all 
     records that may be responsive to the request.
       ``(3) FOIA officer training.--Each agency shall ensure 
     agency employees directly responsible for fulfilling the 
     requirements under this section receive annual training on 
     such requirements. The annual training shall include 
     statutory requirements (such as time limits to respond to 
     requests for records, limitations on exemptions, and 
     opportunities for discretionary disclosure) and any changes 
     to this section or any interpretation of this section (such 
     as a regulation issued under this section).
       ``(4) Violation of foia.--
       ``(A) Intentional.--An intentional violation of any 
     provision of this section, including any rule, regulation, or 
     other implementing guideline, by an officer or employee of an 
     agency, as determined by the appropriate supervisor, shall be 
     forwarded to the Inspector General of the agency for a 
     verification of the violation, and upon verification, such 
     officer or employee shall be subject to the suspension and 
     removal provisions under subchapter II or V of chapter 75.
       ``(B) Unauthorized withholding.--The withholding of 
     information in contravention of the requirements of this 
     section, including any rule, regulation, or other 
     implementing guideline, as determined by the appropriate 
     supervisor, shall be a basis for disciplinary action in 
     accordance with subchapter I, II, or V of chapter 75, as the 
     case may be.''.
       (2) Regulations.--The Office of Personnel Management shall 
     ensure that any performance appraisal system established 
     pursuant to chapter 43 of title 5, United States Code, shall 
     include the requirements of section 552(n)(1) of such title 
     (as added by paragraph (1)).
       (o) Regulations; GAO Study; System of Record Notice.--
       (1) Revision of regulations.--Not later than 180 days after 
     the date of the enactment of this Act, the head of each 
     agency shall review the regulations of such agency and shall 
     issue regulations on procedures for the disclosure of records 
     under section 552 of title 5, United States Code, in 
     accordance with the amendments made by this section. The 
     regulations of each agency shall include--
       (A) procedures for engaging in dispute resolution; and
       (B) procedures for engaging with the Office of Government 
     Information Services.
       (2) GAO non-custodian study.--Not later than 18 months 
     after the date of the enactment of this Act, the Comptroller 
     General shall--
       (A) conduct a study of not less than five agencies to 
     assess the feasibility of implementing a policy requiring 
     non-custodians to search for records to meet the requirements 
     of section 552 of title 5, United States Code, and requests 
     for documents from Congress; and
       (B) submit a report on such assessment to the Committee on 
     Oversight and Government Reform of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate detailing the results of such study.
       (3) Office of government information services report.--Not 
     later than 270 days after the date of the enactment of this 
     Act, the Office of Government Information Services shall 
     submit to Congress a report on agency compliance with the 
     requirements of this subsection.
       (4) Agency system of records notice required.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     head of each agency shall publish in the Federal Register a 
     system of records notice as defined in section 552a of title 
     5, United States Code, which allows the Office of Government 
     Information Services access to records to the extent 
     necessary to meet the requirements of this Act, and the 
     amendments made by this Act.
       (5) Report on noncompliance.--Not later than 270 days after 
     the date of the enactment of this Act, the head of an agency 
     that does not meet the requirements of paragraph (1) shall 
     submit to Congress a report on the reason for noncompliance.
       (6) Inspector general review for noncompliance.--Any agency 
     that fails to comply with the requirements of this subsection 
     shall be reviewed by the Office of Inspector General of such 
     agency for compliance with section 552 of title 5, United 
     States Code.
       (7) Agency defined.--In this section, the term ``agency'' 
     has the meaning given such term in section 552(f) of title 5, 
     United States Code.

     SEC. 3. INSPECTOR GENERAL REVIEW.

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

     SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Chaffetz) and the gentleman from Maryland (Mr. Cummings) each 
will control 20 minutes.

[[Page H253]]

  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. CHAFFETZ. Mr. Speaker, I yield 5 minutes to the gentleman from 
California (Mr. Issa), the former chairman of the Oversight and 
Government Reform Committee and one of the lead sponsors of this bill.
  Mr. ISSA. Mr. Speaker, I thank the chairman.
  It is no accident that this is one of the first bills of the new 
year. Like some of the other legislation, it is not a new idea. In many 
ways, what it really is is this body, once again, if you will, 
reiterating when we talk about freedom of information for the American 
people, whether it is a private citizen who doesn't know what the 
government knows about him or her and would like to or it is an 
interest group, a think tank, or very, very often the press--The New 
York Times, The Washington Post, the LA Times, and a host more--wanting 
to know what the government is doing, what their government is doing 
with their money, their freedoms.
  This bill emphasizes in no uncertain terms something that is long 
overdue: that the balance between the American people's right to know 
about their information and the government's right to keep a secret 
shall always be balanced in favor and presumed to be the American 
people's right. In other words, no longer, after this bill is signed 
into law, will an administration, Republican or Democratic, be able to 
presume that they are going to say no if they possibly can. Instead, 
this bill shifts the burden to the presumption of yes.
  Not only does it shift the burden, but it puts an outright mandate 
that, after 25 years, information not covered by national security 
requirements or classifications of secret or above, shall, in fact, 
simply be available.
  These are fundamentally important distinctions between the current 
law. But more to the point of a modernization, this legislation 
mandates a single point of asking for FOIA, an assumption that it is 
long overdue for us to streamline and improve the ability to get this 
information and get it to everyone.
  One of the aspects of the legislation is that H.R. 653 will require 
that information asked for again and again and again be posted and 
available for everyone rather than each time being a burden of somebody 
wanting similar or even identical information to have to put in a FOIA 
request.
  Mr. Speaker, what I want to close with is this isn't just bipartisan; 
this is universal. Members of the House and the Senate, whether there 
is a Republican or Democratic President, whether it is on behalf of a 
constituent wanting some simple information, we regularly use the 
Freedom of Information Act, and we regularly find ourselves frustrated.
  This is good for the administration. It builds on legislation like 
the DATA Act and other reforms that the Oversight and Government Reform 
Committee have done over a number of years.
  Lastly, I want to thank my good friend from Maryland (Mr. Cummings). 
From the very day we began heading the committee, more than 5 years ago 
now, together, he has always been for FOIA reform, always been for more 
transparency, and always been supportive of the legislation you see 
here today. I want to thank Mr. Cummings, something that I don't get 
enough chances to do.
  And I want to thank Chairman Chaffetz for bringing this bill, not 
only as it was originally written, but with some important 
modifications to make it, hopefully, go through quickly when it is 
considered by the Senate.
  I urge its support.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 653, the FOIA Oversight 
and Implementation Act.
  I want to start by thanking Representative Darrell Issa for working 
with me on this legislation. We first introduced the FOIA Act in March 
2013. The bill before us today is the product of 3 years of work--hard 
work--feedback, negotiation, and perseverance.
  I also want to thank the chairman of the Oversight and Government 
Reform Committee, Jason Chaffetz, for his work on this bill and his 
strong support for bringing it to the House floor today.
  I would say that this is a bipartisan effort, but it is more than 
that. We actually worked very, very hard together, all of us, to make 
this happen. If there was any case where we had to use this term of not 
moving to common ground but moving to higher ground, it would be this 
legislation.
  Open government advocates--journalists, editorial boards, and 
everyday citizens--who support this bill also deserve a tremendous 
amount of gratitude.
  The FOIA Act would strengthen the cornerstone of our open government 
laws and the Freedom of Information Act. This legislation builds on the 
historic work of the Obama administration, which I believe will go down 
in history as the most transparent administration to date. The bill 
would codify the presumption of openness standard that President Obama 
put in place in a memo issued on his first day in office.
  The bill would require agencies to identify specific identifiable 
harm to an interest protected by exemption unless disclosure is 
prohibited by law. This provision would not require agencies to 
disclose classified information, it would not require agencies to 
disclose anything they are prohibited from disclosing by law, and it 
would not remove any of FOIA's existing time exemptions. It would, 
however, put the burden on agencies where it should be: to justify 
keeping government information secret.

  The bill would also put a 25-year sunset exemption 5 of FOIA--the 
deliberative process exemption--and limit the scope of records that 
agencies could withhold under that exemption. It would modernize FOIA 
by requiring the Office of Management and Budget to create a central 
portal to allow FOIA requests to any agency through one Web site.
  The Office of Government Information Services, the FOIA ombudsman 
created by Congress in 2007, would become more independent, which is 
very important under this bill, because that office would be allowed to 
submit testimony and reports directly to Congress without going through 
political review.
  This bill is coming to the floor with an amendment that makes a 
number of changes, and many of them proposed by Chairman Chaffetz. Some 
of these additions include requiring agencies to provide each FOIA 
requester with a contact name and information for an agency employee 
who can provide information on the status of the request. This is so 
very, very important.
  Our bill has widespread support. A coalition of 47 open government 
groups sent a letter in support of this bill on February 5, 2015, that 
said:
  ``Congress must act this year to ensure that FOIA stays current with 
people's need to access government information and resilient in the 
face of attempts to subvert that access.''

                              {time}  1730

  Numerous editorial boards have written, urging Congress to pass FOIA 
reform legislation.
  A New York Times editorial from February 2015 reads: ``This is a rare 
chance to log a significant bipartisan accomplishment in the public 
interest.''
  A USA Today editorial in March 2015 called for the enactment of this 
bill's reforms.
  A Los Angeles Times editorial read that this legislation and a 
similar bill in the Senate ``deserves to be passed.''
  This is a movement called Fix FOIA by 50. That movement is aimed at 
getting H.R. 653 enacted before the 50th anniversary of FOIA in July of 
this year.
  An online clearinghouse for the movement includes stories from 
journalists about why FOIA is critical to their work and why this 
legislation must be enacted.
  It is important to note that, even with the enactment of this 
legislation, the work of Congress must continue.
  Agency FOIA staff are being asked to do more than ever before. From 
2009 to

[[Page H254]]

2014, the overall number of FOIA requests submitted to Federal agencies 
increased by 28 percent with new records set in each of the past 4 
years in a row. The total number of FOIA personnel, however, decreased 
by about 4 percent. Congress must give these agencies more resources.
  Again, I thank Congressman Issa for all of his hard work. I know that 
he has been on this bill for a long time and has tried to make sure it 
gets passed. Again, I want to thank both staffs for working so hard.
  Since Chairman Chaffetz became chairman, we have had two meetings, 
and I know our staffs have had numerous meetings and have hammered out 
the details to make a very good bill a better bill. I want to thank 
them.
  I urge my colleagues to vote for transparency and for the American 
people by voting ``yes'' on this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  This is a good, much-needed piece of legislation. It is hard to 
believe that FOIA, the Freedom of Information Act, was passed nearly 50 
years ago.
  We are a little different in the United States. We are self-critical. 
We do look at things. We do examine things. We do it in the spirit of 
making this country better.
  We also have to remember who we work for. We work for the American 
people. The American people are paying the tab. It is their government, 
and they have the right to know.
  Updating this piece of legislation is something that, in particular, 
Congressman Issa sought to do some time ago. He put the wheels in 
motion and started to draft a good and much-needed bill.
  Coming together with the ranking member, Mr. Cummings, has made this 
all possible. We have had some good, vibrant discussions. We had 2 days 
of hearings in our committee. We heard from citizens. We heard from the 
media. We heard from a host of people.
  I think it is fair to say that, in large part, the FOIA, the way it 
operates now, is broken. I do agree and concur with the ranking member 
that, if we are going to have such a bombardment of requests, they need 
to be properly funded and there needs to be the personnel in order to 
make sure they can fulfill these requests.
  When appropriation season comes, I want to stand with Mr. Cummings 
and with others and make sure that it is properly funded so that those 
good people can do their good work.
  There were a number of reforms and improvements that needed to 
happen. I do appreciate the flexibility of working and of offering 
suggestions and then another set of suggestions.
  This would not have been possible, Mr. Speaker, without some good 
work in the Office of Legal Counsel. Sally Walker dealt with us time 
and time again.
  On our side of the aisle, we had it spearheaded with Katy Rother, and 
I know that Krista Boyd particularly, on Mr. Cummings' staff, was vital 
to making this happen.
  There are vital pieces of information that are needed and that are 
rightfully requested by the American people, but this piece of 
legislation will make that FOIA process smoother. It will make it more 
effective, more efficient, and I think it is much needed as we go into 
the 50th year of FOIA. I look forward to its passage. I urge a ``yes'' 
vote.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  I close by highlighting a few additional provisions of FOIA.
  This bill would require agencies to review existing records to 
identify categories of records to proactively disclose rather than 
waiting for FOIA requests.
  The bill would also require the Department of Justice to report to 
Congress on categories of records that would be appropriate for 
proactive disclosure.
  Finally, the bill would tackle the proliferation of statutory FOIA 
exemptions by requiring the Government Accountability Office to catalog 
all of the statutory exemptions on the books.
  Again, I urge the support of this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  I appreciate the good, bipartisan work. It was through a lot of labor 
and a lot of listening to what the public needs and to what the media 
needs. I do think this will make the Freedom of Information Act better 
as it is the spirit by which we operate in this country.
  I urge the bill's passage.
  Mr. Speaker, I yield back the balance of my time.

         House of Representatives, Permanent Select Committee on 
           Intelligence,
                                  Washington, DC, January 8, 2016.
     Hon. Jason Chaffetz,
     Chairman, Committee on Oversight and Government Reform , 
         Washington, DC.
       Dear Chairman Chaffetz: On January 7, 2016, your committee 
     ordered H.R. 653, the ``FOIA Oversight and Implementation Act 
     of 2015,'' reported. As you know, H.R. 653 contains several 
     provisions that implicate the work of agencies within the 
     jurisdiction of the Permanent Select Committee on 
     Intelligence. The bill addresses how elements of the 
     Intelligence Community (IC), as defined in section 3(4) of 
     the National Security Act of 1947, may protect sensitive 
     information from disclosure under the Freedom of Information 
     Act (FOIA).
       On the basis of your consultations with the Committee, I 
     understand that H.R. 653 has been crafted to avoid compelling 
     the disclosure of any properly classified information, or 
     other information where disclosure would adversely affect 
     intelligence sources and methods protected by an existing 
     FOIA exemption. In particular, I understand that H.R. 653 
     does not allow or require FOIA requesters to obtain IC 
     records or information, without regard to the age of the 
     records or information, if such disclosure would adversely 
     affect intelligence sources and methods.
       I further understand that H.R. 653 does not alter an 
     Intelligence Community element's discretion over the language 
     it chooses to use in denying records or information sought 
     pursuant to FOIA. Specifically, I understand that the 
     requirement in Section 2(f)(3) for federal agencies to 
     include ``a list'' of all denied records preserves an 
     Intelligence Community element's discretion regarding the 
     contents of the required ``list.'' To the extent that 
     elaboration of any list would adversely affect intelligence 
     sources and methods, an IC element may cite to the applicable 
     FOIA exemption to meet the list requirement.
       I would appreciate your response to this letter confirming 
     these understandings and would request that you include a 
     copy of this letter in the Congressional Record during its 
     floor consideration. Thank you in advance for your 
     cooperation.
           Sincerely,
                                                      Devin Nunes,
     Chairman.
                                  ____

         House of Representatives, Committee on Oversight and 
           Government Reform,
                                 Washington, DC, January 11, 2016.
     Hon. Devin Nunes,
     Chairman, Permanent Select Committee on Intelligence, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your January 8, 2016, 
     letter regarding H.R. 653, the FOIA Oversight and 
     Implementation Act of 2015, as reported. H.R. 653 bill 
     addresses how elements of the Intelligence Community (IC), as 
     defined in section 3(4) of the National Security Act of 1947, 
     may protect sensitive information from disclosure under the 
     Freedom of Information Act (FOIA). I am writing to confirm 
     our mutual understanding with respect to the consideration of 
     the bill.
       H.R. 653 has been crafted to strengthen FOIA by 
     establishing a strong presumption in favor of disclosure, 
     while also recognizing the need to avoid compelling the 
     disclosure of any properly classified information, or other 
     information where disclosure would adversely affect 
     intelligence sources and methods protected by an existing 
     FOIA exemption. The bill, as reported, does not require 
     agency FOIA staff to disclose IC records or information, 
     without regard to the age of the records or information, if 
     such disclosure would adversely affect intelligence sources 
     and methods. Further, the bill does not alter an IC element's 
     discretion over the language it chooses to use in denying 
     records or information sought pursuant to FOIA. Specifically, 
     the requirement in Section 2(f)(3) for federal agencies to 
     include ``a list'' of all denied records preserves an 
     Intelligence Community element's discretion regarding the 
     contents of the required ``list.''
       A copy of our exchange of letters on this matter in the 
     will be inserted into the Congressional Record during 
     consideration of this bill on the House floor. Thank you for 
     your attention to this matter.
           Sincerely,
                                                   Jason Chaffetz,
                                                         Chairman.

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and 
pass the bill, H.R. 653, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.

[[Page H255]]

  A motion to reconsider was laid on the table.

                          ____________________