[Congressional Record (Bound Edition), Volume 162 (2016), Part 6]
[House]
[Pages 8587-8591]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      FOIA IMPROVEMENT ACT OF 2016

  Mr. MEADOWS. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 337) to improve the Freedom of Information Act.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 337

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``FOIA Improvement Act of 
     2016''.

     SEC. 2. AMENDMENTS TO FOIA.

       Section 552 of title 5, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``for public inspection and copying'' and inserting ``for 
     public inspection in an electronic format'';
       (ii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) copies of all records, regardless of form or format--
       ``(i) that have been released to any person under paragraph 
     (3); and
       ``(ii)(I) that because of the nature of their subject 
     matter, the agency determines have become or are likely to 
     become the subject of subsequent requests for substantially 
     the same records; or
       ``(II) that have been requested 3 or more times; and''; and
       (iii) in the undesignated matter following subparagraph 
     (E), by striking ``public inspection and copying current'' 
     and inserting ``public inspection in an electronic format 
     current'';
       (B) in paragraph (4)(A), by striking clause (viii) and 
     inserting the following:
       ``(viii)(I) Except as provided in subclause (II), an agency 
     shall not assess any search fees (or in the case of a 
     requester described under clause (ii)(II) of this 
     subparagraph, duplication fees) under this subparagraph if 
     the agency has failed to comply with any time limit under 
     paragraph (6).
       ``(II)(aa) If an agency 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 5,000 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.'';
       (C) in paragraph (6)--
       (i) in subparagraph (A)(i), by striking ``making such 
     request'' and all that follows through ``determination; and'' 
     and inserting the following: ``making such request of--
       ``(I) such determination and the reasons therefor;
       ``(II) the right of such person to seek assistance from the 
     FOIA Public Liaison of the agency; and
       ``(III) in the case of an adverse determination--

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

       (ii) in subparagraph (B)(ii), by striking ``the agency.'' 
     and inserting ``the agency, and notify the requester of the 
     right of the requester to seek dispute resolution services 
     from the Office of Government Information Services.''; and
       (D) by adding at the end the following:
       ``(8)(A) An agency shall--
       ``(i) withhold information under this section only if--
       ``(I) the agency reasonably foresees that disclosure would 
     harm an interest protected by an exemption described in 
     subsection (b); or
       ``(II) disclosure is prohibited by law; and
       ``(ii)(I) consider whether partial disclosure of 
     information is possible whenever the agency determines that a 
     full disclosure of a requested record is not possible; and
       ``(II) take reasonable steps necessary to segregate and 
     release nonexempt information; and
       ``(B) Nothing in this paragraph requires disclosure of 
     information that is otherwise prohibited from disclosure by 
     law, or otherwise exempted from disclosure under subsection 
     (b)(3).'';
       (2) in subsection (b), by amending paragraph (5) to read as 
     follows:
       ``(5) inter-agency or intra-agency memorandums or letters 
     that would not be available by law to a party other than an 
     agency in litigation with the agency, provided that the 
     deliberative process privilege shall not apply to records 
     created 25 years or more before the date on which the records 
     were requested;''; and
       (3) in subsection (e)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``and to the Director of the Office of Government Information 
     Services'' after ``United States'';
       (ii) in subparagraph (N), by striking ``and'' at the end;
       (iii) in subparagraph (O), by striking the period at the 
     end and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(P) the number of times the agency denied a request for 
     records under subsection (c); and
       ``(Q) the number of records that were made available for 
     public inspection in an electronic format under subsection 
     (a)(2).'';
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Each agency shall make each such report available for 
     public inspection in an electronic format. In addition, each 
     agency shall make the raw statistical data used in each 
     report available in a timely manner for public inspection in 
     an electronic format, which shall be made available--
       ``(A) without charge, license, or registration requirement;
       ``(B) in an aggregated, searchable format; and
       ``(C) in a format that may be downloaded in bulk.'';
       (C) in paragraph (4)--
       (i) by striking ``Government Reform and Oversight'' and 
     inserting ``Oversight and Government Reform'';
       (ii) by inserting ``Homeland Security and'' before 
     ``Governmental Affairs''; and
       (iii) by striking ``April'' and inserting ``March''; and
       (D) by striking paragraph (6) and inserting the following:
       ``(6)(A) The Attorney General of the United States shall 
     submit to the Committee on Oversight and Government Reform of 
     the House of Representatives, the Committee on the Judiciary 
     of the Senate, and the President a report on or before March 
     1 of each calendar year, which shall include for the prior 
     calendar year--
       ``(i) a listing of the number of cases arising under this 
     section;
       ``(ii) a listing of--
       ``(I) each subsection, and any exemption, if applicable, 
     involved in each case arising under this section;
       ``(II) the disposition of each case arising under this 
     section; and
       ``(III) the cost, fees, and penalties assessed under 
     subparagraphs (E), (F), and (G) of subsection (a)(4); and
       ``(iii) a description of the efforts undertaken by the 
     Department of Justice to encourage agency compliance with 
     this section.
       ``(B) The Attorney General of the United States shall 
     make--
       ``(i) each report submitted under subparagraph (A) 
     available for public inspection in an electronic format; and
       ``(ii) the raw statistical data used in each report 
     submitted under subparagraph (A) available for public 
     inspection in an electronic format, which shall be made 
     available--
       ``(I) without charge, license, or registration requirement;
       ``(II) in an aggregated, searchable format; and
       ``(III) in a format that may be downloaded in bulk.'';
       (4) in subsection (g), in the matter preceding paragraph 
     (1), by striking ``publicly available upon request'' and 
     inserting ``available for public inspection in an electronic 
     format'';
       (5) in subsection (h)--
       (A) in paragraph (1), by adding at the end the following: 
     ``The head of the Office shall be the Director of the Office 
     of Government Information Services.'';
       (B) in paragraph (2), by striking subparagraph (C) and 
     inserting the following:
       ``(C) identify procedures and methods for improving 
     compliance under this section.'';
       (C) by striking paragraph (3) and inserting the following:
       ``(3) The Office of Government Information Services shall 
     offer mediation services to resolve disputes between persons 
     making requests under this section and administrative 
     agencies as a nonexclusive alternative to litigation and may 
     issue advisory opinions at the discretion of the Office or 
     upon request of any party to a dispute.''; and
       (D) by adding at the end the following:
       ``(4)(A) Not less frequently than annually, the Director of 
     the Office of Government Information Services shall submit to 
     the Committee on Oversight and Government Reform

[[Page 8588]]

     of the House of Representatives, the Committee on the 
     Judiciary of the Senate, and the President--
       ``(i) a report on the findings of the information reviewed 
     and identified under paragraph (2);
       ``(ii) a summary of the activities of the Office of 
     Government Information Services under paragraph (3), 
     including--
       ``(I) any advisory opinions issued; and
       ``(II) the number of times each agency engaged in dispute 
     resolution with the assistance of the Office of Government 
     Information Services or the FOIA Public Liaison; and
       ``(iii) legislative and regulatory recommendations, if any, 
     to improve the administration of this section.
       ``(B) The Director of the Office of Government Information 
     Services shall make each report submitted under subparagraph 
     (A) available for public inspection in an electronic format.
       ``(C) The Director of the Office of Government Information 
     Services shall not be required to obtain the prior approval, 
     comment, or review of any officer or agency of the United 
     States, including the Department of Justice, the Archivist of 
     the United States, or the Office of Management and Budget 
     before submitting to Congress, or any committee or 
     subcommittee thereof, any reports, recommendations, 
     testimony, or comments, if such submissions include a 
     statement indicating that the views expressed therein are 
     those of the Director and do not necessarily represent the 
     views of the President.
       ``(5) The Director of the Office of Government Information 
     Services may directly submit additional information to 
     Congress and the President as the Director determines to be 
     appropriate.
       ``(6) Not less frequently than annually, the Office of 
     Government Information Services shall conduct a meeting that 
     is open to the public on the review and reports by the Office 
     and shall allow interested persons to appear and present oral 
     or written statements at the meeting.'';
       (6) by striking subsections (j) and (k), and inserting the 
     following:
       ``(j)(1) Each agency shall designate a Chief FOIA Officer 
     who shall be a senior official of such agency (at the 
     Assistant Secretary or equivalent level).
       ``(2) The Chief FOIA Officer of each agency shall, subject 
     to the authority of the head of the agency--
       ``(A) have agency-wide responsibility for efficient and 
     appropriate compliance with this section;
       ``(B) monitor implementation of this section throughout the 
     agency and keep the head of the agency, the chief legal 
     officer of the agency, and the Attorney General appropriately 
     informed of the agency's performance in implementing this 
     section;
       ``(C) recommend to the head of the agency such adjustments 
     to agency practices, policies, personnel, and funding as may 
     be necessary to improve its implementation of this section;
       ``(D) review and report to the Attorney General, through 
     the head of the agency, at such times and in such formats as 
     the Attorney General may direct, on the agency's performance 
     in implementing this section;
       ``(E) facilitate public understanding of the purposes of 
     the statutory exemptions of this section by including concise 
     descriptions of the exemptions in both the agency's handbook 
     issued under subsection (g), and the agency's annual report 
     on this section, and by providing an overview, where 
     appropriate, of certain general categories of agency records 
     to which those exemptions apply;
       ``(F) offer training to agency staff regarding their 
     responsibilities under this section;
       ``(G) serve as the primary agency liaison with the Office 
     of Government Information Services and the Office of 
     Information Policy; and
       ``(H) designate 1 or more FOIA Public Liaisons.
       ``(3) The Chief FOIA Officer of each agency shall review, 
     not less frequently than annually, all aspects of the 
     administration of this section by the agency to ensure 
     compliance with the requirements of this section, including--
       ``(A) agency regulations;
       ``(B) disclosure of records required under paragraphs (2) 
     and (8) of subsection (a);
       ``(C) assessment of fees and determination of eligibility 
     for fee waivers;
       ``(D) the timely processing of requests for information 
     under this section;
       ``(E) the use of exemptions under subsection (b); and
       ``(F) dispute resolution services with the assistance of 
     the Office of Government Information Services or the FOIA 
     Public Liaison.
       ``(k)(1) There is established in the executive branch the 
     Chief FOIA Officers Council (referred to in this subsection 
     as the `Council').
       ``(2) The Council shall be comprised of the following 
     members:
       ``(A) The Deputy Director for Management of the Office of 
     Management and Budget.
       ``(B) The Director of the Office of Information Policy at 
     the Department of Justice.
       ``(C) The Director of the Office of Government Information 
     Services.
       ``(D) The Chief FOIA Officer of each agency.
       ``(E) Any other officer or employee of the United States as 
     designated by the Co-Chairs.
       ``(3) The Director of the Office of Information Policy at 
     the Department of Justice and the Director of the Office of 
     Government Information Services shall be the Co-Chairs of the 
     Council.
       ``(4) The Administrator of General Services shall provide 
     administrative and other support for the Council.
       ``(5)(A) The duties of the Council shall include the 
     following:
       ``(i) Develop recommendations for increasing compliance and 
     efficiency under this section.
       ``(ii) Disseminate information about agency experiences, 
     ideas, best practices, and innovative approaches related to 
     this section.
       ``(iii) Identify, develop, and coordinate initiatives to 
     increase transparency and compliance with this section.
       ``(iv) Promote the development and use of common 
     performance measures for agency compliance with this section.
       ``(B) In performing the duties described in subparagraph 
     (A), the Council shall consult on a regular basis with 
     members of the public who make requests under this section.
       ``(6)(A) The Council shall meet regularly and such meetings 
     shall be open to the public unless the Council determines to 
     close the meeting for reasons of national security or to 
     discuss information exempt under subsection (b).
       ``(B) Not less frequently than annually, the Council shall 
     hold a meeting that shall be open to the public and permit 
     interested persons to appear and present oral and written 
     statements to the Council.
       ``(C) Not later than 10 business days before a meeting of 
     the Council, notice of such meeting shall be published in the 
     Federal Register.
       ``(D) Except as provided in subsection (b), the records, 
     reports, transcripts, minutes, appendices, working papers, 
     drafts, studies, agenda, or other documents that were made 
     available to or prepared for or by the Council shall be made 
     publicly available.
       ``(E) Detailed minutes of each meeting of the Council shall 
     be kept and shall contain a record of the persons present, a 
     complete and accurate description of matters discussed and 
     conclusions reached, and copies of all reports received, 
     issued, or approved by the Council. The minutes shall be 
     redacted as necessary and made publicly available.''; and
       (7) by adding at the end the following:
       ``(m)(1) 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) 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.''.

     SEC. 3. REVIEW AND ISSUANCE OF REGULATIONS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the head of each agency (as defined in 
     section 551 of title 5, United States Code) shall review the 
     regulations of such agency and shall issue regulations on 
     procedures for the disclosure of records under section 552 of 
     title 5, United States Code, in accordance with the 
     amendments made by section 2.
       (b) Requirements.--The regulations of each agency shall 
     include procedures for engaging in dispute resolution through 
     the FOIA Public Liaison and the Office of Government 
     Information Services.

     SEC. 4. PROACTIVE DISCLOSURE THROUGH RECORDS MANAGEMENT.

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

     SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.

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

     SEC. 6. APPLICABILITY.

       This Act, and the amendments made by this Act, shall take 
     effect on the date of enactment of this Act and shall apply 
     to any request for records under section 552 of title 5, 
     United States Code, made after the date of enactment of this 
     Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from

[[Page 8589]]

North Carolina (Mr. Meadows) and the gentlewoman from New York (Mrs. 
Carolyn B. Maloney) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.


                             General Leave

  Mr. MEADOWS. 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 material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of S. 337, the FOIA Improvement 
Act of 2016. We stand here today 3 weeks shy of the FOIA's 50th 
anniversary to strengthen the law that established the public's right 
to know.
  Enacted in 1966, FOIA was the product of more than a decade of work 
on government secrecy by a predecessor committee to the current 
Oversight and Government Reform Committee. At the time, FOIA was only 
the third public information law in the world. It was by far the most 
far-reaching. FOIA established a right to information, which is 
commonly known as the public's right to know.
  S. 337 reaffirms the public's right to know and puts in place several 
reforms to stop agencies from slowly eroding the effectiveness of using 
FOIA to exercise that right.
  This bill is a bipartisan effort to improve the public's access to 
information and transparency in the Federal Government.
  I would like to thank Senators Cornyn, Grassley, and Leahy for their 
hard work that they put into writing and passing this bill. I would 
also like to thank Representative Darrell Issa and Ranking Member 
Elijah Cummings for their work on the House bill, H.R. 653, which 
passed in January.
  Through all of our combined efforts, I believe that this is the best 
bill we can send to the President's desk. I have no doubt that the 
reforms contained in this bill will significantly improve the American 
public's ability to exercise their right to access information.
  The most important reform is the presumption of openness. Now, while 
some--but far from all--Federal agencies have made an effort to comply 
with the letter of the law, very few have complied with the spirit of 
the law. The presumption of openness puts that spirit into the letter 
of the law. Before claiming an exemption, agencies must first determine 
whether they could reasonably foresee an actual harm.
  FOIA includes exemptions because publicly releasing information can 
sometimes cause more harm than good. But from the beginning, agencies 
have taken advantage of these exemptions to withhold any information 
that might technically fit. Under the presumption of openness, agencies 
may no longer withhold information that is embarrassing or could 
possibly paint the agency in a negative light simply because an 
exemption may technically apply. This will go a long way toward getting 
rid of the withhold-it-because-you-want-to exemption.
  S. 337 establishes reforms that will bring attention, leadership, and 
commitment to improvement to all Federal agencies.
  The Department of Homeland Security is a great example of how 
attention, leadership, and a commitment to improvement can be more 
valuable, at times, than additional dollars. From 2009 to 2015, 
requests sent to DHS nearly tripled. DHS requests accounted for about 
40 percent of all the requests governmentwide. As the requests 
increased, so did the backlog. And in 2014, that backlog at DHS 
exceeded more than 100,000 requests. However, the agency made a 
commitment to improve its efficiency and reduce its backlog.
  In 2015, that backlog was down by two-thirds, to about 35,000. Costs 
overall went up, but that is expected when requests nearly triple in 
just 6 years. What is not expected is that the cost per request was cut 
by 58 percent. In 2009, DHS averaged $255 per request processed, and in 
2015, the costs had dropped to $148 per request processed.
  S. 337 establishes reforms that will ensure all agencies have the 
attention and the leadership necessary to improve the FOIA process. The 
bill establishes a Chief FOIA Officers Council, which is directed to 
develop initiatives to increase transparency and compliance with FOIA 
and make recommendations for increased efficiencies and share best 
practices.
  The bill establishes greater independence of the Office of Government 
Information Services, which will allow OGIS to give unbiased, 
unfiltered testimony and recommendations.
  S. 337 creates an incentive for agencies to comply with the law by 
preventing agencies from collecting fees for any request for up to 
5,000 pages if that request is not completed within the statutory time 
limits.
  Out-of-date regulations have been repeatedly used as an excuse to 
withhold information, delay requests, or otherwise to obstruct the 
process. S. 337 gets rid of this excuse by requiring agencies to update 
their regulations so that they are operating under the current law.
  S. 337 also simplifies the process of submitting requests by 
establishing an online central portal that will allow a member of the 
public to submit a request to an agency at a single Web site rather 
than forcing the public to navigate each agency's different process and 
Web site.
  These reforms and others packaged in the FOIA Improvement Act will go 
a long way to improving transparency and bringing agency leadership 
attention to improving the public's ability to exercise their right to 
know.
  Mr. Speaker, I urge all of my colleagues to join me in supporting 
this giant step forward to improve FOIA and the public's access to 
information.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1700

  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise in strong support of the FOIA Improvement Act of 
2016, also known as the public's right to know or Transparency in 
Government Act.
  It is fitting that we pass this bill to strengthen the Freedom of 
Information Act just a few weeks before the 50th anniversary of this 
important law. The National Archives and Records Administration 
currently has on display the original Freedom of Information Act in 
celebration of the anniversary on July 4. It is inspiring to think that 
50 years have passed and that document is still the most important tool 
that the public has to access information about their government.
  When FOIA was passed in 1966, it was only the third freedom of 
information law in the entire world, and it was by far the most 
powerful. Now countries all over the world have transparency laws that 
are modeled on our Nation's FOIA law. We are here today in the ongoing 
quest to improve FOIA and to keep it current with changes in 
technology.
  I want to thank Congressmen Issa and Cummings for introducing the 
House version of the bill and Senators Leahy and Cornyn for taking the 
lead in the Senate.
  This bill is the result of many voices providing feedback and helpful 
critiques. That is the way a good law is made. Advocacy groups such as 
OpenTheGovernment.org and the Sunshine in Government Initiative have 
been critical to the success of this legislation.
  The FOIA Improvement Act is a bicameral, bipartisan bill. With its 
passage today, it will now go on to the President for his signature.
  The bill would codify the presumption of openness standard that 
President Obama put in place on his first day in office. Under this 
standard, agencies will be required to err on the side of transparency 
when responding to requests.
  The bill would also put a 25-year sunset on exemption 5 of FOIA, the 
deliberative process exemption. It would modernize FOIA by requiring 
the Office

[[Page 8590]]

of Management and Budget to create a central FOIA Web site for 
requesters to submit their request, making it more efficient and 
accessible to the public.
  This bill would strengthen the independence and the role of the 
Office of Government Information Services. OGIS has served a critical 
role since it was formed in response to the last FOIA reform Congress 
adopted in 2007.
  I would like to take a moment to thank the hardworking Federal 
employees who serve as FOIA officers. They are dedicated professionals 
who care about making FOIA work.
  It is critical that Congress provide the funds necessary for agencies 
to have strong FOIA programs with experienced and trained FOIA 
professionals. It is not reasonable for us to ask agencies to do more 
if we do not give them the resources to do it.
  The FOIA Improvement Act would require each agency to designate a 
chief FOIA officer. The chief FOIA officer would have responsibility 
for ensuring that FOIA is implemented efficiently and appropriately in 
the agency. I hope this addition to FOIA will help elevate the 
importance of FOIA in agencies that have not always given it the 
attention it deserves.
  Thank you to the many FOIA professionals who have provided feedback 
on the bill over the past 3 years. Thank you also to the FOIA 
requesters who provided feedback, requesters such as Nate Jones from 
the National Security Archive and David McCraw from The New York Times. 
They all provided useful suggestions for reform.
  I understand that some proposals did not make it into the final bill, 
but they did shape the debate and will help us as we look forward to 
future reforms.
  A Los Angeles Times editorial said: ``worthy of not only Obama's 
signature, but also his vocal support.''
  A New York Times editorial said: ``This is a rare chance to log a 
significant bipartisan accomplishment in the public interest.''
  Enactment of this legislation will be an important step forward for 
transparency.
  I reserve the balance of my time.
  Mr. MEADOWS. Mr. Speaker, I would like to thank the gentlewoman from 
New York (Mrs. Carolyn B. Maloney) for her support on this bill.
  I yield 6 minutes to the gentleman from California (Mr. Issa), who 
has spent a considerable amount of time not only on the House version, 
but really helping shape the debate on making sure that the public 
interests of America is protected.
  Mr. ISSA. Mr. Speaker, this has been a long time coming, and there is 
a lot of thanks to go around. Certainly for Senator Cornyn and Senator 
Leahy, this is going to be a proud week with the passage of this bill 
in the House and, ultimately, it going to the President.
  I don't believe this would have been possible without the partnership 
that Elijah Cummings and I formed some years ago. The House has led in 
not just one, but in two Congresses, sending to the Senate very tough 
language dramatically improving what we see as the flaws in FOIA that 
have developed.
  Congresswoman Maloney, very rightfully so, said there are a lot of 
things that the interest groups and Congressman Cummings and myself 
and, perhaps, everyone else who will vote on it here today would like 
to have seen. I don't want to belabor the point, but when this bill 
becomes law and is signed by the President, there will be enough left 
for a new bill to start again.
  Having said that, we celebrate today the fact that we have made some 
milestones. Codifying in law the presumption of openness and, once and 
for all, ending the deliberative process' unlimited length and reducing 
it to 25 years long, long after a President has left office, is a good 
start.
  I want to note that, in the original House bill--one area that I was 
particularly pleased that Mr. Cummings and I were able to come to an 
agreement on--if an agency unreasonably delays, there should be a 
result. If someone has to sue, whether it is The New York Times or an 
interest group, and, ultimately, the government is unreasonable and is 
withholding, reasonable fees should be recovered. That isn't in the 
bill. I hope that it will be in future legislation.
  The fact is that this bill includes some very important points, not 
the least of which will be making more public and accessible the 
repeated request for various parts of FOIA, and, of course, reducing 
the delays and the time lag.
  Having said that, through the establishment of a board and the 
recognition that only through diligence and closing the quality circle 
that occurs can we come back to this body and say more needs to be done 
and name it.
  But today is a day for celebration. I want to thank Mr. Cummings one 
more time, Chairman Chaffetz, the Members of the House and the Senate, 
urge the passage of the bill, and recognize that this is, in fact, a 
50-year-old law. It has stood the test of time. It has proven to be an 
asset for the American people and for their right to know. We will 
build on this.
  Lastly, and Congresswoman Maloney named it, there were countless 
outside transparency groups that spanned from the farthest left of our 
country's politics to the farthest right of our politics, all of whom 
wanted more open access to their government. Today, we are achieving 
it. We still will have a government that knows far more about us than 
we know about our government; but today, we are opening the possibility 
that, in a timely fashion, more often more people who have a vested 
interest in knowing something that the government has done or is doing 
will have the ability to get that information.
  I thank Congressman Meadows for making this bill possible today. His 
leadership has been critical, and his friendship has been critical all 
along the way.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield 5 minutes 
to the gentleman from Maryland (Mr. Cummings), who has led many of the 
discussions in this body on criminal justice reform and reform in so 
many ways, including this bill that he helped author with former 
Chairman Issa.
  Mr. CUMMINGS. Mr. Speaker, I thank the gentlewoman for yielding.
  I want to thank Mr. Meadows and Mr. Chaffetz and, certainly, Speaker 
Ryan for getting this bill to the floor.
  I associate myself completely with the words of the former chairman 
of our Oversight and Government Reform Committee, Mr. Issa. I don't 
think there has been anyone who has worked harder on getting this bill 
to the floor than Mr. Issa. Without a doubt, his fingerprints are all 
over it. I really do, from the depths of my heart, thank him for all 
that he has done to make this happen.
  The FOIA Improvement Act is a product of a 3-year journey--that is a 
long time--that began when Representative Issa and I first introduced 
the basis for the bill in 2013. Mr. Issa worked with me on the House 
version of this bill, and Senators Leahy and Cornyn took the lead in 
the Senate.
  Again, I want to thank the chairman of the Oversight and Government 
Reform Committee, Jason Chaffetz, for his work on FOIA reform and for 
his support bringing the bill to the floor. He has proposed some 
additional initiatives that did not make it into this version of the 
bill but that deserve continued attention.
  Even in our negotiations, I give it to Chairman Chaffetz. You know, a 
lot of times when you are trying to work things out and get things done 
between the House and the Senate, there has to be some compromise. 
There are a lot of good things that he wanted in the bill that I 
strongly supported, but we were not able to get them in.
  For example, one of his provisions would have required every agency 
to accept FOIA requests by email. This is a simple improvement that 
every agency should adopt, and I look forward to working with Chairman 
Chaffetz in the years ahead on such commonsense reforms.
  I would like to recognize a few of the staff for both Representatives 
Issa and Chaffetz who deserve recognition, strong recognition, for the 
work they put into this legislation over the last few years: Tegan 
Gelfand, Ali Ahmad, and Katy Rother. I want to thank them

[[Page 8591]]

for all of the work that they have done in making this happen.
  In addition, advocacy groups, as Mr. Issa mentioned, such as 
OpenTheGovernment.org and Sunshine in Government Initiative, as well as 
experts such as Anne Weismann at Campaign for Accountability, have been 
critical to the success of this legislation.
  Finally, I would like to take time to thank our Speaker. His office 
has been extremely helpful, and he also deserves credit for bringing 
this bill to the floor today. It simply would not have been possible 
without his leadership.
  The FOIA Improvement Act is a truly bicameral, bipartisan bill. With 
its passage today, it will now go on to the President for his 
signature. It builds on the work of the Obama administration, which has 
done more to advance transparency than any administration in history.

                              {time}  1715

  The bill would codify the presumption of openness standard that 
President Obama put in place on his first day in office.
  The bill would also put a 25-year sunset on exemption No. 5 of FOIA--
the deliberative process 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 a single Web site.
  The Office of Government Information Services, which is the FOIA 
ombudsman that was created by Congress in 2007, would become more 
independent under this bill and would be allowed to submit testimony 
and reports directly to Congress without going through political 
review.
  Finally, FOIA officers could share best practices through a Chief 
FOIA Officers Council that would be established under the bill.
  These are just some of the examples of the many improvements to FOIA 
that are contained in this legislation. The FOIA Improvement Act is a 
big step forward in transparency, and I urge my colleagues to support 
this legislation and ``fix FOIA by 50.''
  Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
  I thank the gentleman from Maryland (Mr. Cummings) for his 
insightful, well-thought-out words on behalf of this bill. Indeed, Mr. 
Issa and Mr. Cummings have been a moving force and, really, one of the 
primary forces as to why we are here today; so I just want to 
acknowledge that.
  I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself the 
balance of my time.
  I join my voice with Ranking Member Cummings' in being associated 
with the words from my friend and colleague from the great State of 
North Carolina in support of this important legislation and to also 
compliment not only Elijah Cummings for his leadership, but former 
Chairman Issa for making this a priority and for helping to move it to 
the floor and make it happen.
  This is a good, bipartisan bill. It was worked on diligently by both 
sides in both the House and the Senate. It is an important step forward 
for transparency. It is a strengthened bill. It deserves the support of 
everyone on both sides of the aisle, and I urge my colleagues to 
support it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
  I acknowledge the, really, unbelievable work of the staff. Many 
times, as you well know, Mr. Speaker, we will get up and work very 
hard, but it is the countless hours on behalf of our staff that really 
allows us to move legislation forward; so I wouldn't want this day to 
go by without acknowledging their support and work.
  Also, I acknowledge the leadership of Chairman Chaffetz in his being 
able to not only navigate this bill before and, hopefully, to the 
President's desk for signing, but certainly in his leadership on 
transparency and in making sure that the government of the people is 
accountable to the people.
  I urge the adoption of this bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Rigell). The question is on the motion 
offered by the gentleman from North Carolina (Mr. Meadows) that the 
House suspend the rules and pass the bill, S. 337.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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