[Congressional Record (Bound Edition), Volume 160 (2014), Part 3]
[House]
[Pages 3242-3246]
[From the U.S. Government Publishing Office, www.gpo.gov]




             FOIA OVERSIGHT AND IMPLEMENTATION ACT OF 2014

  Mr. ISSA. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1211) 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. 1211

       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 2014'' 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'' and 
     inserting ``in an electronic, publicly accessible format'' 
     each place it appears;
       (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 (ii) of this subparagraph)--

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

       (B) in paragraph (7)--
       (i) in subparagraph (A), by striking ``that will take 
     longer than ten days to process''; and
       (ii) in subparagraph (B), by inserting ``automated'' after 
     ``provides'';
       (2) in subsection (g), by striking ``make publicly 
     available upon request'' and inserting ``make available in an 
     electronic, publicly accessible format''; and
        (3) by adding at the end the following new subsection:
       ``(m) FOIA Web Site Required.--Not later than one year 
     after the date of enactment of this subsection, the Office of 
     Management and Budget shall ensure the existence and 
     operation of a single website, accessible by the public at no 
     cost to access, that allows the public to--
       ``(1) submit requests for records under subsection (a)(3);
       ``(2) receive automated information about the status of a 
     request under subsection (a)(7); and
       ``(3) file appeals.''.
       (b) Presumption of Openness.--Section 552(b) of title 5, 
     United States Code, is amended in the matter following 
     paragraph (9), by inserting before ``Any reasonably 
     segregable portion'' the following: ``An agency may not 
     withhold information under this subsection unless such agency 
     reasonably foresees that disclosure would cause specific 
     identifiable harm to an interest protected by an exemption, 
     or if disclosure is prohibited by law.''.
       (c) The Office of Government Information Services.--Section 
     552 of title 5, United States Code, is amended--
       (1) in subsection (a)(4)(A)(i), by striking ``the Director 
     of the Office of Management and Budget'' and inserting ``the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Information Services,''; and
       (2) by amending subsection (h) to read as follows:
       ``(h) The Office of Government Information Services.--
       ``(1) Establishment.--There is established the Office of 
     Government Information Services within the National Archives 
     and Records Administration. The head of the Office is the 
     Director of the Office of Government Information Services.
       ``(2) Review of foia policy, procedure, and compliance.--
     The Office of Government Information Services shall--
       ``(A) review policies and procedures of agencies under this 
     section;
       ``(B) review compliance with this section by agencies;
       ``(C) identify methods that improve compliance under this 
     section that may include--
       ``(i) the timely processing of requests submitted to 
     agencies under this section;
       ``(ii) the system for assessing fees and fee waivers under 
     this section; and
       ``(iii) the use of any exemption under subsection (b); and
       ``(D) review and provide guidance to agencies on the use of 
     fees and fee waivers.
       ``(3) Mediation services.--The Office of Government 
     Information Services shall offer mediation services to 
     resolve disputes between persons making requests under this 
     section and agencies as a non-exclusive alternative to 
     litigation and, at the discretion of the Office, may issue 
     advisory opinions if mediation has not resolved the dispute.
       ``(4) Submission of report.--
       ``(A) In general.--The Office of Government Information 
     Services shall not less than annually submit to the 
     committees described in subparagraph (C) and the President a 
     report on the findings from the information reviewed and 
     identified under paragraph (2), a summary of the Office's 
     activities under paragraph (3) (including any advisory 
     opinions issued), and legislative and regulatory 
     recommendations to improve the administration of this 
     section.
       ``(B) Electronic availability of reports.--The Office shall 
     make available any report submitted under paragraph (A) in a 
     publicly accessible format.
       ``(C) Congressional submission of report.--The committees 
     described in this subparagraph are the following:
       ``(i) The Committee on Oversight and Government Reform of 
     the House of Representatives.
       ``(ii) The Committees on Homeland Security and Governmental 
     Affairs and the Judiciary of the Senate.
       ``(D) Direct submission of reports and testimony.--Any 
     report submitted under paragraph (A), any testimony, or any 
     other communication to Congress shall be submitted directly 
     to the committees and the President, without any requirement 
     that any officer or employee outside of the Office of 
     Government Information Services, including the Archivist of 
     the United States and the Director of the Office of 
     Management and Budget, review such report, testimony, or 
     other communication.
       ``(5) Submission of additional information.--The Director 
     of the Office of Government Information Services may submit 
     additional information to Congress and the President that the 
     Director determines to be appropriate.
       ``(6) Annual meeting required.--Not less than once a year, 
     the Office of Government Information Services shall hold a 
     meeting that is open to the public on the review and reports 
     by the Office and permit interested persons to appear and 
     present oral or written statements at such meeting.''.
       (d) Public Resources.--Section 552(a)(6)(A) of title 5, 
     United States Code, is amended--
       (1) in clause (i), by striking ``of such determination and 
     the reasons therefor, and of the right of such person to 
     appeal to the head of the agency any adverse determination; 
     and'' and inserting the following: ``of--
       ``(I) such determination and the reasons therefor;
       ``(II) the right of such person to seek assistance from the 
     agency FOIA Public Liaison; and
       ``(III) the right of such person to appeal to the head of 
     the agency any adverse determination, within a period 
     determined by the agency that is not less than 90 days after 
     the receipt of such adverse determination; and''; and
       (2) in clause (ii), by striking the period 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.''
       (e) 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--

[[Page 3243]]

       ``(A) make information public to the greatest extent 
     possible through modern technology to--
       ``(i) inform the public of the operations and activities of 
     the Government; and
       ``(ii) ensure timely disclosure of information; and
       ``(B) establish procedures for identifying categories of 
     records that may be disclosed regularly and additional 
     records of interest to the public that are appropriate for 
     public disclosure, and for posting such records in an 
     electronic, publicly accessible format.''.
       (f) 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.
       (g) Agency FOIA Report.--Section 552(e) of title 5, United 
     States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``and to the Director of the Office of 
     Government Information Services'' after ``the Attorney 
     General of the United States'';
       (B) in subparagraph (N), by striking ``; and'' and 
     inserting a semicolon;
       (C) in subparagraph (O), by striking the period and 
     inserting a semicolon; and
       (D) by adding at the end the following new subparagraphs:
       ``(P) the number of times the agency invoked a law 
     enforcement exclusion under subsection (c);
       ``(Q) the number of times the agency engaged in dispute 
     resolution with the assistance of the Office of Government 
     Information Services or the FOIA Public Liaison;
       ``(R) the number of records that were made available in an 
     electronic, publicly accessible format under subsection 
     (a)(2); and
       ``(S) the number of times the agency assessed a search or 
     duplication fee under subsection (a)(4)(A) and did not comply 
     with a time limit under subsection (a)(6).'';
       (2) by amending paragraph (3) to read as follows:
       ``(3) Electronic accessibility of reports.--Each agency 
     shall make each such report available in an electronic, 
     publicly accessible format. In addition, each agency shall 
     make the raw statistical data used in its reports available 
     in a timely manner in an electronic, publicly accessible 
     format. Such data shall be--
       ``(A) made available without charge, license, or 
     registration requirement;
       ``(B) capable of being searched and aggregated; and
       ``(C) permitted to be downloaded and downloaded in bulk.'';
       (3) in paragraph (4)--
       (A) by striking ``Committee on Government Reform and 
     Oversight'' and inserting ``Committee on Oversight and 
     Government Reform'';
       (B) by striking ``Governmental Affairs'' and inserting 
     ``Homeland Security and Governmental Affairs''; and
       (C) by striking ``April 1'' and inserting ``March 1'';
       (4) in paragraph (5)--
       (A) by inserting ``and the Director of the Office of 
     Government Information Services'' after ``the Director of the 
     Office of Management and Budget''; and
       (B) by striking ``by October 1, 1997''; and
       (5) by amending paragraph (6) to read as follows:
       ``(6) Attorney general foia report.--
       ``(A) In general.--The Attorney General of the United 
     States shall submit to Congress and the President an annual 
     report on or before March 1 of each calendar year which shall 
     include for the prior calendar year--
       ``(i) a listing of the number of cases arising under this 
     section;
       ``(ii) each subsection under this section, each paragraph 
     of the subsection, and any exemption, if applicable, involved 
     in each case, the disposition of such case, and the cost, 
     fees, and penalties assessed under subparagraphs (E), (F), 
     and (G) of subsection (a)(4); and
       ``(iii) a description of the efforts undertaken by the 
     Department of Justice to encourage agency compliance with 
     this section.
       ``(B) Electronic availability.--The Attorney General of the 
     United States--
       ``(i) shall make each report described under subparagraph 
     (A) available in an electronic, publicly accessible format; 
     and
       ``(ii) shall make the raw statistical data used in each 
     report available in an electronic, publicly accessible 
     format, which shall be--

       ``(I) made available without charge, license, or 
     registration requirement;
       ``(II) capable of being searched and aggregated; and
       ``(III) permitted to be downloaded, including downloaded in 
     bulk.''.

       (h) Search or Duplication Fees.--Section 552(a)(4)(A)(viii) 
     of title 5, United States Code, is amended by adding at the 
     end the following new sentence: ``Any agency that does assess 
     search or duplication fees after failing to comply with a 
     time limit under paragraph (6) shall provide written notice 
     to the requester of the circumstance that justifies the fees. 
     If an agency fails to provide such notice, the agency may not 
     assess search or duplication fees.''.
       (i) 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.''.
       (j) Chief FOIA Officer Responsibilities; Council; Review.--
     Section 552 of title 5, United States Code, is amended--
       (1) by striking subsections (j) and (k); and
       (2) by inserting after subsection (i), the following new 
     subsections:
       ``(j) Chief FOIA Officer.--
       ``(1) Designation.--Each agency shall designate a Chief 
     FOIA Officer who shall be a senior official of such agency 
     (at the Assistant Secretary or equivalent level).
       ``(2) Duties.--The Chief FOIA Officer of each agency shall, 
     subject to the authority of the head of the agency--
       ``(A) have agency-wide responsibility for efficient and 
     appropriate compliance with this section;
       ``(B) monitor implementation of this section throughout the 
     agency and keep the head of the agency, the chief legal 
     officer of the agency, and the Attorney General appropriately 
     informed of the agency's performance in implementing this 
     section;
       ``(C) recommend to the head of the agency such adjustments 
     to agency practices, policies, personnel, and funding as may 
     be necessary to improve its implementation of this section;
       ``(D) review and report to the Attorney General, through 
     the head of the agency, at such times and in such formats as 
     the Attorney General may direct, on the agency's performance 
     in implementing this section;
       ``(E) facilitate public understanding of the purposes of 
     the statutory exemptions of this section by including concise 
     descriptions of the exemptions in both the agency's handbook 
     issued under subsection (g), and the agency's annual report 
     on this section, and by providing an overview, where 
     appropriate, of certain general categories of agency records 
     to which those exemptions apply;
       ``(F) serve as the primary agency liaison with the Office 
     of Government Information Services and the Office of 
     Information Policy; and
       ``(G) designate one or more FOIA Public Liaisons.
       ``(3) Compliance review required.--The Chief FOIA Officer 
     of each agency shall--
       ``(A) review, not less than annually, all aspects of the 
     agency's administration of this section to ensure compliance 
     with the requirements of this section, including--
       ``(i) agency regulations;
       ``(ii) disclosure of records required under paragraphs (2), 
     (8), and (9) of subsection (a);
       ``(iii) assessment of fees and determination of eligibility 
     for fee waivers;
       ``(iv) the timely processing of requests for information 
     under this section;
       ``(v) the use of exemptions under subsection (b); and
       ``(vi) dispute resolution services with the assistance of 
     the Office of Government Information Services or the FOIA 
     Public Liaison; and
       ``(B) make recommendations as necessary to improve agency 
     practices and compliance with this section.
       ``(k) Chief FOIA Officers Council.--
       ``(1) Establishment.--There is established in the executive 
     branch the Chief FOIA Officers Council (in this subsection, 
     referred to as the `Council').
       ``(2) Members.--The Council shall consist of the following 
     members:
       ``(A) The Deputy Director for Management of the Office of 
     Management and Budget.
       ``(B) The Director of the Office of Information Policy at 
     the Department of Justice.
       ``(C) The Director of the Office of Government Information 
     Services at the National Archives and Records Administration.
       ``(D) The Chief FOIA Officer of each agency.
       ``(E) Any other officer or employee of the United States as 
     designated by the Co-Chairs.
       ``(3) Co-chairs.--The Director of the Office of Information 
     Policy at the Department of Justice and the Director of the 
     Office of Government Information Services at the National 
     Archives and Records Administration shall be the Co-Chairs of 
     the Council.
       ``(4) Support services.--The Administrator of General 
     Services shall provide administrative and other support for 
     the Council.

[[Page 3244]]

       ``(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.''.
       (k) Regulations.--
       (1) Revision of regulations.--Not later than 180 days after 
     the date of the enactment of this Act, the head of each 
     agency shall review the regulations of such agency and shall 
     issue regulations on procedures for the disclosure of records 
     under section 552 of title 5, United States Code, in 
     accordance with the amendments made by this section. The 
     regulations of each agency shall include--
       (A) procedures for engaging in dispute resolution; and
       (B) procedures for engaging with the Office of Government 
     Information Services.
       (2) Office of government information services report.--Not 
     later than 270 days after the date of the enactment of this 
     Act, the Office of Government Information Services shall 
     submit to Congress a report on agency compliance with the 
     requirements of this subsection.
       (3) Report on noncompliance.--The head of any agency that 
     does not meet the requirements of paragraph (1) shall submit 
     to Congress a report on the reason for noncompliance not 
     later than 270 days after the date of the enactment of this 
     Act.
       (4) Inspector general review for noncompliance.--Any agency 
     that fails to comply with the requirements of this subsection 
     shall be reviewed by the Office of Inspector General of such 
     agency for compliance with section 552 of title 5, United 
     States Code.
       (5) Agency defined.--In this section, the term ``agency'' 
     has the meaning given such term in section 552(f) of title 5, 
     United States Code.

     SEC. 3. PILOT PROGRAM.

       (a) Establishment.--The Director of the Office of 
     Management and Budget shall establish a pilot program for 3 
     years to review the benefits of a centralized portal to 
     process requests and release information under section 552 of 
     title 5, United States Code (commonly known as the Freedom of 
     Information Act).
       (b) Plan Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Office of 
     Management and Budget shall establish a plan to evaluate the 
     functionality and benefits of a centralized portal to receive 
     and track requests made under section 552 of title 5, United 
     States Code, by selecting no less than 3 agencies that have 
     not previously participated in a centralized portal, 
     including at least one of the following:
       (1) An agency that receives more than 30,000 requests 
     annually for information under section 552 of title 5, United 
     States Code.
       (2) An agency that receives between 15,000 and 30,000 
     requests annually for information under such section.
       (3) An agency that receives 15,000 or fewer requests 
     annually for information under such section.
       (c) Agency Use of Web Site.--Each agency selected under 
     subsection (b) shall use the centralized portal to--
       (1) receive requests under section 552 of title 5, United 
     States Code;
       (2) consult with and refer requests to participating 
     agencies;
       (3) if practicable, process requests received under such 
     section;
       (4) track the status of requests submitted under such 
     section; and
       (5) make records released available publicly through the 
     centralized portal.
       (d) Review Required.--The Director of the Office of 
     Management and Budget shall, in consultation with the 
     Attorney General, the Office of Government Information 
     Services, and the head of each agency participating in the 
     pilot program, review the benefits of a centralized portal, 
     including--
       (1) any cost saving, resource saving, or efficiency gained;
       (2) any change in the amount of requests received under 
     section 552 of title 5, United States Code;
       (3) any increase in transparency and accessibility to 
     Government information; and
       (4) any changes in the ability to access and compile 
     information needed for agency annual reports required under 
     section 552 of title 5, United States Code.
       (e) Report Required.--Not later than 3 months after the 
     completion of the pilot program, the head of each agency 
     participating in the program--
       (1) shall submit to Congress a report on the impact of the 
     pilot program on agency processes under section 552 of title 
     5, United States Code, whether the agency will continue to 
     participate in the centralized portal, and any 
     recommendations the head of the agency considers appropriate; 
     and
       (2) shall make such report available in an electronic, 
     publicly accessible format.
       (f) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given such 
     term in section 552(f) of title 5, United States Code.
       (2) Centralized portal.--The term ``centralized portal'' 
     means an electronic online portal that allows a requester to 
     submit a request under section 552 of title 5, United States 
     Code, to any participating agency, to track the status of a 
     request, and to obtain a response to a request made through 
     the portal.

     SEC. 4. INSPECTOR GENERAL REVIEW; ADVERSE ACTIONS.

       (a) Inspector General Review.--
       (1) In general.--The Inspector General of each agency 
     shall--
       (A) periodically review compliance with the requirements of 
     section 552 of title 5, United States Code, including the 
     timely processing of requests, assessment of fees and fee 
     waivers, and the use of exemptions under subsection (b) of 
     such section; and
       (B) make recommendations the Inspector General determines 
     to be necessary to the head of the agency, including 
     recommendations for disciplinary action.
       (2) Agency defined.--In this subsection, the term 
     ``agency'' has the meaning given that term under section 
     552(f) of title 5, United States Code.
       (b) Adverse Actions.--The withholding of information in a 
     manner inconsistent with the requirements of section 552 of 
     title 5, United States Code (including any rules, 
     regulations, or other implementing guidelines), as determined 
     by the appropriate supervisor, shall be a basis for 
     disciplinary action in accordance with subchapter I, II, or V 
     of chapter 75 of such title, as the case may be.

     SEC. 5. OPEN GOVERNMENT ADVISORY COMMITTEE.

       (a) Establishment.--The Archivist of the United States 
     shall establish an Open Government Advisory Committee (in 
     this section, referred to as the ``Committee''), an 
     independent advisory committee to make recommendations for 
     improving Government transparency.
       (b) Membership; Chair; Meetings; Qualifications of 
     Members.--The Committee shall be composed of at least nine 
     members appointed by the Archivist, one of whom shall be 
     designated the Chair by the members, and shall meet at such 
     times and places as may be designated by the Chair. Each 
     member of the Committee shall be qualified by education, 
     training, or experience to make recommendations on improving 
     Government transparency. The membership of the Committee 
     shall include--
       (1) representatives of the Department of Justice and the 
     Office of Government Information Services;
       (2) at least two members with experience requesting 
     information under section 552 of title 5, United States Code 
     (including one member of the news media); and
       (3) at least one member with expertise in information 
     technology.
       (c) Compensation.--While serving on the business of the 
     Committee, and while so serving away from home and the 
     member's regular place of business, a member may be allowed 
     travel expenses, as authorized by the Archivist.
       (d) Conflict of Interest Disclosure.--The members of the 
     Committee shall be considered to be special Government 
     employees (as such term is defined in section 202 of title 
     18, United States Code).
       (e) Staff.--The Archivist may appoint and fix the 
     compensation of such personnel as may be necessary to enable 
     the Committee to carry out its functions. Any personnel of 
     the Committee who are employees shall be employees under 
     section 2105 of title 5, United States Code. Any Federal 
     Government employee may be detailed to the Committee without 
     reimbursement from the Committee, and such detailee shall 
     retain the rights, status, and privileges of regular

[[Page 3245]]

     employment of such employee without interruption.
       (f) Applicability of the Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     apply to the Committee and any subcommittee or subgroup 
     thereof.
       (g) Disclosure of Information.--The Archivist shall make 
     publicly available the following information:
       (1) The charter of the Committee.
       (2) A description of the process used to establish and 
     appoint the members of the Committee, including the 
     following:
       (A) The process for identifying prospective members.
       (B) The process of selecting members for balance of 
     viewpoints or expertise.
       (C) The reason each member was appointed to the Committee.
       (3) A list of all current members, including, for each 
     member, the name of any person or entity that nominated the 
     member.
       (4) A summary of the process used by the Committee for 
     making decisions.
       (5) A transcript or audio or visual recording of each 
     meeting of the Committee.
       (6) Any written determination by the President or the 
     Archivist, pursuant to section 10(d) of the Federal Advisory 
     Committee Act (5 U.S.C. App.), to close a meeting or any 
     portion of a meeting and the reasons for such determination.
       (7) Notices of future meetings of the Committee.
       (h) Manner of Disclosure.--
       (1) Website publication.--Except as provided in paragraph 
     (2), the Archivist shall make the information required to be 
     disclosed under this section available electronically on the 
     official public website of the National Archives and Records 
     Administration at least 15 calendar days before each meeting 
     of the Committee. If the Archivist determines that such 
     timing is not practicable for any required information, the 
     Archivist shall make the information available as soon as 
     practicable but no later than 48 hours before the next 
     meeting of the Committee.
       (2) Availability of committee meeting.--The Archivist shall 
     make available electronically, on the official public website 
     of the National Archives and Records Administration, a 
     transcript or audio or video recording of each Committee 
     meeting not later than 30 calendar days after such meeting.

     SEC. 6. NO ADDITIONAL FUNDS AUTHORIZED.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Issa) and the gentleman from Maryland (Mr. Cummings) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. ISSA. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within 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 California?
  There was no objection.
  Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 1211, the FOIA Oversight and Implementation Act, or FOIA Act, is 
a bipartisan bill approved unanimously by the House Oversight and 
Government Reform Committee last March. I cosponsored the legislation, 
which Ranking Member Elijah Cummings authored.
  The bill is a product of the joint effort by our staffs. The 
legislation has been endorsed by 29 nonpartisan transparency groups, 
including the Project On Government Oversight, known as POGO, 
Government in the Sunshine, the Sunlight Foundation, and the American 
Society of News Editors.
  Mr. Speaker, it is critical at this time that the American people 
believe and actually receive the information that lets them understand 
what their government is doing.
  A key provision of this bill is to codify requirements in a FOIA 
memorandum issued by President Obama and Attorney General Holder. This 
includes making the presumption of openness standard the law of the 
land. That means that an agency can only withhold information if the 
disclosure of such records would cause foreseeable harm. This shifts 
the burden of proof from the public requester seeking information about 
a government agency, with which he must now demonstrate that he has the 
need to the government being open and transparent, unless it has a good 
reason to withhold.
  The FOIA Act of 2014 also requires an unprecedented level of 
proactive disclosure. That means that more information will be made 
available to the public without each individual interested in the 
information needing to file separate FOIA requests to get it.
  Mr. Speaker, in plain English, if one person and then another person 
or one entity and another entity seem to want to have the same 
information, rather than the agencies possibly posting it publicly, 
they will be required to post it publicly, so that which a few agencies 
want to know or a few private organizations want to know, the entire 
public would have easy access. Another way of putting it is, if you are 
going to tell one person that it is reasonable to have public access, 
then all the public should have easy access to that information.
  These proactive disclosure requirements are intended to make the 
information-sharing a routine part of government. Like the DATA Act 
passed earlier this year, which the House approved, the FOIA Act 
requires all information be posted in an electronic, publicly 
accessible format.
  Raw data will be available as the original format so that it can be 
machine-searched and give the widest ability for the public to have not 
just access to the letters, but access to the meaning and the cross-
meaning of this information.
  Under this bill, more agencies will be using technology to increase 
transparency by processing FOIA requests through a centralized Web 
portal. Users will submit requests in one location, where agencies can 
automatically post their response. This kind of one-point access is 
something the public has long waited for from the Federal Government.
  The legislation before the House today modestly amends the committee-
reported bill by establishing an Open Government Advisory Committee, 
housed within the National Archives' Office of Government Information 
Services. The Open Government Advisory Committee will ensure that 
reform efforts continue after this bill is enacted.
  Mr. Speaker, this amendment to the FOIA law is one of the most 
important additional accesses to the American people; and I might note 
with thanks that this is an initiative begun by this administration, by 
President Obama, that we believe should be there for all times.
  With that, I reserve the balance of my time.
  Mr. CUMMINGS. I yield myself such time as I may consume.
  Mr. Speaker, I want to thank Chairman Issa for sponsoring this bill 
with me. This bill, if enacted, would be a landmark reform of our most 
important open government law, the Freedom of Information Act.
  This legislation would make significant improvements to the current 
law, which has not been consistently implemented.
  During the Clinton administration, Attorney General Janet Reno 
adopted a policy under which the Department of Justice would defend an 
agency's use of a FOIA exemption only when the agency could reasonably 
foresee that disclosure would harm an interest protected by that 
exemption.
  In the Bush administration, Attorney General John Ashcroft reversed 
this standard and directed the Justice Department to defend agency 
decisions to withhold records, as long as they had a legal basis for 
doing so.
  President Obama, to his credit, on his first day in office, directed 
agencies to implement FOIA with a presumption of openness. Attorney 
General Holder overturned the Ashcroft standard and reinstated the 
foreseeable harm standard.
  The legislation before us today would codify, in law, this 
presumption in favor of disclosure, no matter who is President.
  Under this bill, an agency would not be allowed to withhold 
information in response to a FOIA request, unless disclosure is 
prohibited by law or would cause specific identifiable harm to an 
interest protected by one of FOIA's exemptions.

[[Page 3246]]

  This bill also would create an advisory committee to make 
recommendations to improve government transparency. The President 
recently endorsed this idea in the Open Government National Action Plan 
issued by the administration in December of 2013.
  This legislation also would create a pilot project to encourage 
participation in a centralized FOIA portal. A centralized portal, such 
as FOIAonline, that is run by EPA, allows requesters to use one Webcast 
to file requests to multiple agencies.
  The bill also would strengthen the Office of Government Information 
Services by enhancing its role in providing guidance to agencies and 
ensuring that agencies notify requesters of their right to use its 
mediation services.
  The bill would strengthen the independence of this office by allowing 
it to send testimony and reports directly to Congress without approval 
from the Office of Management and Budget.
  I urge every Member of this body to support this open government 
legislation by voting for it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
  We don't often find in this body the kind of consensus behind 
something that, as the ranking member said, has gone both ways under 
different Presidents.
  I am a proud Republican, but I believe that the order given by 
President Obama was the right order. The order given by President Bush, 
perhaps in light of 9/11, perhaps in light of other considerations, 
might have seemed right at the time.
  But let me make something clear today: on our committee, there is 
unanimity. The American people must have access to all the information, 
unless there is a specific reason to withhold it.
  This requirement under FOIA today will drive the DATA Act and other 
reforms that will cause information to be likely stored in formats that 
are easier for agencies to determine that which they must withhold. We 
think it is important.
  Today, legions of people often spend countless hours redacting 
nothing more than one name or one Social Security number that cannot be 
found, except by a set of eyes scanning over it.
  So, in addition to the American people getting what they are entitled 
to under this act, we believe that it will drive the kind of innovation 
automation that actually will save the American people money and cause 
more information to be available.
  Just as census data is critical to our economy, so is access to what 
your government is doing, planning to do, or thought about, talked 
about, or did in the process of making laws, regulations, and rules.
  So I join with my colleague in believing that this is a time in which 
we say this President acted properly in how he ordered something, we 
believe codifying it, so that no follow-on President could modify it or 
fail to deliver what this legislation envisions.
  With that, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume, 
and I am about to close.
  Again, I want to thank Chairman Issa for his hard work on this. This 
is so very, very important.
  I often tell my constituents, Mr. Speaker, that this is our watch. We 
are the guardians of the democracy today, and it is important to us to 
pass on a stronger and a better democracy than the one we found when we 
came upon this Earth.

                              {time}  1515

  A significant part of any democracy is openness, where people can 
know what the government is doing. When you have a representative 
government, people come to the town hall meetings trying to find out 
what is going on, and now they can go to computers and find out what is 
going on. We must have as much openness as possible and as is 
reasonable, and I think that this is a big step in the right direction 
of preserving that part of the democracy that calls for transparency.
  So I agree with the chairman. This is so much bigger than us. This is 
not just about this moment. This is about generations yet unborn. This 
is about people trying simply to be a part of their democracy, who are 
trying to understand it, who are trying to use information so that they 
can be participants in it. If they do not know what is going on, it is 
kind of hard to participate. If they do not know what is going on, it 
is kind of hard to go to their representatives to urge them to make 
appropriate changes.
  So, with that, I urge all of the Members of this body to vote in 
favor of this legislation.
  With that, I yield back the balance of my time.
  Mr. ISSA. Mr. Speaker, as I close, I want to thank my partner in this 
legislation, Mr. Cummings.
  In order to get this kind of legislation, you do need to make sure 
that you have dotted the i's, and I believe we have done so. The minor 
modification that was made between the time it left the committee and 
the floor is one that was done on a bipartisan basis. Were this to go 
back to our committee, of course it would pass unanimously. Therefore, 
I urge all Members to vote ``yes'' on H.R. 1211--to support the bill, 
to support freedom, to support the opportunity for the American people 
to know.
  With that, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Issa) that the House suspend the rules 
and pass the bill, H.R. 1211, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ISSA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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