[House Report 114-864]
[From the U.S. Government Publishing Office]


114th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     114-864

======================================================================



 
              OPEN AND TRANSPARENT SMITHSONIAN ACT OF 2016

                                _______
                                

 December 12, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Chaffetz, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3387]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 3387) to amend the Freedom of 
Information Act, the Privacy Act, and the Federal Advisory 
Committee Act to apply the requirements of such Acts to the 
Smithsonian Institution, and for other purposes, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     4
Committee Consideration..........................................     4
Roll Call Votes..................................................     4
Correspondence...................................................     5
Application of Law to the Legislative Branch.....................     7
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     7
Statement of General Performance Goals and Objectives............     7
Duplication of Federal Programs..................................     7
Disclosure of Directed Rule Makings..............................     7
Federal Advisory Committee Act...................................     7
Unfunded Mandate Statement.......................................     7
Earmark Identification...........................................     8
Committee Estimate...............................................     8
Budget Authority and Congressional Budget Office Cost Estimate...     8
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Open and Transparent Smithsonian Act 
of 2016''.

SEC. 2. APPLICATION OF OPEN GOVERNMENT LAWS TO SMITHSONIAN INSTITUTION.

  (a) Freedom of Information Act.--Section 552 of title 5, United 
States Code (commonly referred to as the Freedom of Information Act), 
as amended by section 2(7) of the FOIA Improvement Act of 2016, is 
amended by adding at the end the following new subsection:
  ``(n) For purposes of this section, the Smithsonian Institution shall 
be considered an agency, and the Secretary of the Smithsonian 
Institution shall be considered the head of the agency.''.
  (b) Privacy Act.--Section 552a(a)(1) of title 5, United States Code 
(commonly referred to as the Privacy Act), is amended by striking the 
semicolon at the end and inserting ``, except that such term also 
includes the Smithsonian Institution;''.
  (c) Requiring Open Meetings.--Section 552b(a)(1) of title 5, United 
States Code (relating to open meetings) is amended by striking the 
semicolon at the end and inserting ``, except that such term also 
includes the Smithsonian Institution;''.

SEC. 3. EFFECTIVE DATE AND APPLICATION.

  (a) Effective Date.--This Act and the amendments made by this Act 
shall take effect on the date of enactment of this Act.
  (b) Application.--
          (1) Freedom of information act; privacy act.--Subsections (a) 
        and (b) of section 2 and the amendments made by such 
        subsections shall apply to any record created before, on, or 
        after the date of the enactment of this Act.
          (2) Open meetings.--Subsection (c) of section 2 and the 
        amendments made by such subsection shall apply to any meeting 
        held on or after the date of the enactment of this Act.

    Amend the title so as to read:
    A bill to amend the Freedom of Information Act and the 
Privacy Act to apply the requirements of such Acts to the 
Smithsonian Institution, and for other purposes.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 3387, the Open and Transparent Smithsonian Act of 
2015, would foster greater transparency of the nation's largest 
museum complex by making the Smithsonian Institution subject to 
the Freedom of Information Act (FOIA), the Privacy Act, and the 
Government in the Sunshine Act (Sunshine Act).

                  BACKGROUND AND NEED FOR LEGISLATION

    Established by Congress in 1846, the Smithsonian 
Institution (Smithsonian) holds ``irreplaceable national 
collections in American and natural history, art, and other 
areas.''\1\ Originally established by a gift to the United 
States government of more than $500,000, the Smithsonian is now 
the world's largest museum, education, and research complex.\2\ 
The Smithsonian hosts tens of millions of visitors annually.\3\
---------------------------------------------------------------------------
    \1\GAO, Smithsonian Institution: Board of Regents Has Implemented 
Many Governance Reforms, but Ensuring Accountability and Oversight will 
Require Ongoing Action (2008) (GAO-08-632), available at http://
gao.gov/products/GAO-08-632.
    \2\About Us, The Smithsonian, http://www.si.edu/About (last visited 
Nov. 28, 2016), and History, The Smithsonian, http://www.si.edu/about/
history (last visited Nov. 28, 2016).
    \3\Smithsonian Dashboard, http://dashboard.si.edu/at-the-
smithsonian (last visited Nov. 28, 2016).
---------------------------------------------------------------------------
    The Smithsonian is a unique entity within the federal 
government, falling outside of the three branch structure.\4\ 
While many laws designate the Smithsonian as an agency, other 
laws have been silent on the issue. As a result, the 
Smithsonian has maintained the interpretation that many good 
government accountability and transparency laws are 
inapplicable.\5\
---------------------------------------------------------------------------
    \4\GAO, supra note 1.
    \5\GAO, Survey of Governance Practices and the Inspector General 
Rule, 131-132 (2009) (GAO-09-270), available at http://www.gao.gov/
assets/290/288720.pdf.
---------------------------------------------------------------------------
    To increase transparency and accountability at ``America's 
museum,'' H.R. 3387 extends three good government laws to the 
Smithsonian: FOIA, the Privacy Act, and the Sunshine Act.\6\ 
Currently, each of these laws is silent with regard to the 
inclusion of the Smithsonian. While the Smithsonian already 
engages in some self-determined transparency and accountability 
policies, H.R. 3387 would give the Smithsonian a clear 
directive from Congress to meet existing statutory standards 
for these laws and ensure that the public can expect consistent 
transparency policies across all federal agencies and 
institutions.
---------------------------------------------------------------------------
    \6\GAO, supra note 1.
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    H.R. 3387, the Open and Transparent Smithsonian Act of 
2015, was introduced on July 29, 2015 by Delegate Eleanor 
Holmes Norton (D-DC) and referred to the Committee on Oversight 
and Government Reform. On November 16, 2016, the Committee 
ordered H.R. 3387 favorably reported, with an amendment in the 
nature of a substitute offered by Del. Norton.
    Del. Norton introduced similar legislation in the three 
prior Congresses: H.R. 2622 (113th), H.R. 1786 (112th), and 
H.R. 4775 (111th). In the 110th Congress, Senator Chuck 
Grassley (R-IA) introduced a similar bill in the Senate, S. 
3276, the Open and Transparent Smithsonian Act of 2008. No 
further action was taken on any of these bills.

                           Section-by-Section


Section 1. Short title

    The short title of the bill is the ``Open and Transparent 
Smithsonian Act of 2016.''

Section 2. Application of Open Government Laws to Smithsonian 
        Institution

    Section 2(a) requires the Smithsonian to comply with the 
Freedom of Information Act, 5 U.S.C. Sec. 552.
    Section 2(b) requires the Smithsonian to comply with the 
Privacy Act, 5 U.S.C. Sec. 552a.
    Section 2(c) requires the Smithsonian to comply with the 
Government in the Sunshine Act, 5 U.S.C. Sec. 552b.

Section 3. Effective date and application

    Section 3(a) sets the effective date as the date of 
enactment.
    Section 3(b) applies the FOIA and Privacy Act portions to 
all records created before, on or after the date of enactment 
and Sunshine Act portion to any meeting held on or after the 
date of enactment.

                       Explanation of Amendments

    During Full Committee consideration of the bill, Delegate 
Norton offered an amendment in the nature of a substitute to 
remove the provision that made the Smithsonian an advisory 
committee under the Federal Advisory Committee Act and to 
clarify the application of the effective date. The Norton 
amendment was adopted by voice vote.

                        Committee Consideration

    On November 16, 2016, the Committee met in open session and 
ordered reported favorably the bill, H.R. 3387, as amended, by 
voice vote, a quorum being present.

                            Roll Call Votes

    No roll call votes were requested or conducted during Full 
Committee consideration of H.R. 3387.


              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill requires the Smithsonian to comply with FOIA, the 
Privacy Act, and the Sunshine Act. As such this bill does not 
relate to employment or access to public services and 
accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives of the bill are to amend the Freedom of 
Information Act, the Privacy Act, and the Federal Advisory 
Committee Act to apply the requirements of such Acts to the 
Smithsonian Institution.

                    Duplication of Federal Programs

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does direct 
the completion of specific rule makings within the meaning of 5 
U.S.C. 551. H.R. 3387 requires the Smithsonian to comply with 
section 552 of title 5, United States Code, which requires 
agencies to promulgate regulations on procedures for processing 
requests for information.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported bill include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    At the time of this writing, the Committee had yet to 
receive a formal cost estimate from the Congressional Budget 
Office for H.R. 3387. However, the Smithsonian already has 
self-imposed policies similar to those that would be mandated 
in this bill for the Freedom of Information Act and the Privacy 
Act, and the new requirements for the Smithsonian would involve 
primarily reporting data on activities under those Acts. The 
Smithsonian would have new requirements under the Government in 
the Sunshine Act, which would require more public communication 
and advance notice of public meetings.
    Based on the existing policies at the Smithsonian, the 
Committee estimates that enacting H.R. 3387 would cost 
approximately $1 million over the 2017-2020 period.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has not 
received a cost estimate for this bill from the Director of 
Congressional Budget Office, and instead has included a 
committee estimate in the section prior to this one.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE




           *       *       *       *       *       *       *
PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


CHAPTER 5--ADMINISTRATIVE PROCEDURE

           *       *       *       *       *       *       *



SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

           *       *       *       *       *       *       *



Sec. 552. Public information; agency rules, opinions, orders, records, 
                    and proceedings

  (a) Each agency shall make available to the public 
information as follows:
  (1) Each agency shall separately state and currently publish 
in the Federal Register for the guidance of the public--
          (A) descriptions of its central and field 
        organization and the established places at which, the 
        employees (and in the case of a uniformed service, the 
        members) from whom, and the methods whereby, the public 
        may obtain information, make submittals or requests, or 
        obtain decisions;
          (B) statements of the general course and method by 
        which its functions are channeled and determined, 
        including the nature and requirements of all formal and 
        informal procedures available;
          (C) rules of procedure, descriptions of forms 
        available or the places at which forms may be obtained, 
        and instructions as to the scope and contents of all 
        papers, reports, or examinations;
          (D) substantive rules of general applicability 
        adopted as authorized by law, and statements of general 
        policy or interpretations of general applicability 
        formulated and adopted by the agency; and
          (E) each amendment, revision, or repeal of the 
        foregoing.
Except to the extent that a person has actual and timely notice 
of the terms thereof, a person may not in any manner be 
required to resort to, or be adversely affected by, a matter 
required to be published in the Federal Register and not so 
published. For the purpose of this paragraph, matter reasonably 
available to the class of persons affected thereby is deemed 
published in the Federal Register when incorporated by 
reference therein with the approval of the Director of the 
Federal Register.
  (2) Each agency, in accordance with published rules, shall 
make available for public inspection in an electronic format--
          (A) final opinions, including concurring and 
        dissenting opinions, as well as orders, made in the 
        adjudication of cases;
          (B) those statements of policy and interpretations 
        which have been adopted by the agency and are not 
        published in the Federal Register;
          (C) administrative staff manuals and instructions to 
        staff that affect a member of the public;
          (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
          (E) a general index of the records referred to under 
        subparagraph (D);
unless the materials are promptly published and copies offered 
for sale. For records created on or after November 1, 1996, 
within one year after such date, each agency shall make such 
records available, including by computer telecommunications or, 
if computer telecommunications means have not been established 
by the agency, by other electronic means. To the extent 
required to prevent a clearly unwarranted invasion of personal 
privacy, an agency may delete identifying details when it makes 
available or publishes an opinion, statement of policy, 
interpretation, staff manual, instruction, or copies of records 
referred to in subparagraph (D). However, in each case the 
justification for the deletion shall be explained fully in 
writing, and the extent of such deletion shall be indicated on 
the portion of the record which is made available or published, 
unless including that indication would harm an interest 
protected by the exemption in subsection (b) under which the 
deletion is made. If technically feasible, the extent of the 
deletion shall be indicated at the place in the record where 
the deletion was made. Each agency shall also maintain and make 
available for public inspection in an electronic format current 
indexes providing identifying information for the public as to 
any matter issued, adopted, or promulgated after July 4, 1967, 
and required by this paragraph to be made available or 
published. Each agency shall promptly publish, quarterly or 
more frequently, and distribute (by sale or otherwise) copies 
of each index or supplements thereto unless it determines by 
order published in the Federal Register that the publication 
would be unnecessary and impracticable, in which case the 
agency shall nonetheless provide copies of such index on 
request at a cost not to exceed the direct cost of duplication. 
Each agency shall make the index referred to in subparagraph 
(E) available by computer telecommunications by December 31, 
1999. A final order, opinion, statement of policy, 
interpretation, or staff manual or instruction that affects a 
member of the public may be relied on, used, or cited as 
precedent by an agency against a party other than an agency 
only if--
          (i) it has been indexed and either made available or 
        published as provided by this paragraph; or
          (ii) the party has actual and timely notice of the 
        terms thereof.
  (3)(A) Except with respect to the records made available 
under paragraphs (1) and (2) of this subsection, and except as 
provided in subparagraph (E), each agency, upon any request for 
records which (i) reasonably describes such records and (ii) is 
made in accordance with published rules stating the time, 
place, fees (if any), and procedures to be followed, shall make 
the records promptly available to any person.
  (B) In making any record available to a person under this 
paragraph, an agency shall provide the record in any form or 
format requested by the person if the record is readily 
reproducible by the agency in that form or format. Each agency 
shall make reasonable efforts to maintain its records in forms 
or formats that are reproducible for purposes of this section.
  (C) In responding under this paragraph to a request for 
records, an agency shall make reasonable efforts to search for 
the records in electronic form or format, except when such 
efforts would significantly interfere with the operation of the 
agency's automated information system.
  (D) For purposes of this paragraph, the term ``search'' means 
to review, manually or by automated means, agency records for 
the purpose of locating those records which are responsive to a 
request.
  (E) An agency, or part of an agency, that is an element of 
the intelligence community (as that term is defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
shall not make any record available under this paragraph to--
          (i) any government entity, other than a State, 
        territory, commonwealth, or district of the United 
        States, or any subdivision thereof; or
          (ii) a representative of a government entity 
        described in clause (i).
  (4)(A)(i) In order to carry out the provisions of this 
section, each agency shall promulgate regulations, pursuant to 
notice and receipt of public comment, specifying the schedule 
of fees applicable to the processing of requests under this 
section and establishing procedures and guidelines for 
determining when such fees should be waived or reduced. Such 
schedule shall conform to the guidelines which shall be 
promulgated, pursuant to notice and receipt of public comment, 
by the Director of the Office of Management and Budget and 
which shall provide for a uniform schedule of fees for all 
agencies.
  (ii) Such agency regulations shall provide that--
          (I) fees shall be limited to reasonable standard 
        charges for document search, duplication, and review, 
        when records are requested for commercial use;
          (II) fees shall be limited to reasonable standard 
        charges for document duplication when records are not 
        sought for commercial use and the request is made by an 
        educational or noncommercial scientific institution, 
        whose purpose is scholarly or scientific research; or a 
        representative of the news media; and
          (III) for any request not described in (I) or (II), 
        fees shall be limited to reasonable standard charges 
        for document search and duplication.
In this clause, the term ``a representative of the news media'' 
means any person or entity that gathers information of 
potential interest to a segment of the public, uses its 
editorial skills to turn the raw materials into a distinct 
work, and distributes that work to an audience. In this clause, 
the term ``news'' means information that is about current 
events or that would be of current interest to the public. 
Examples of news-media entities are television or radio 
stations broadcasting to the public at large and publishers of 
periodicals (but only if such entities qualify as disseminators 
of ``news'') who make their products available for purchase by 
or subscription by or free distribution to the general public. 
These examples are not all-inclusive. Moreover, as methods of 
news delivery evolve (for example, the adoption of the 
electronic dissemination of newspapers through 
telecommunications services), such alternative media shall be 
considered to be news-media entities. A freelance journalist 
shall be regarded as working for a news-media entity if the 
journalist can demonstrate a solid basis for expecting 
publication through that entity, whether or not the journalist 
is actually employed by the entity. A publication contract 
would present a solid basis for such an expectation; the 
Government may also consider the past publication record of the 
requester in making such a determination.
  (iii) Documents shall be furnished without any charge or at a 
charge reduced below the fees established under clause (ii) if 
disclosure of the information is in the public interest because 
it is likely to contribute significantly to public 
understanding of the operations or activities of the government 
and is not primarily in the commercial interest of the 
requester.
  (iv) Fee schedules shall provide for the recovery of only the 
direct costs of search, duplication, or review. Review costs 
shall include only the direct costs incurred during the initial 
examination of a document for the purposes of determining 
whether the documents must be disclosed under this section and 
for the purposes of withholding any portions exempt from 
disclosure under this section. Review costs may not include any 
costs incurred in resolving issues of law or policy that may be 
raised in the course of processing a request under this 
section. No fee may be charged by any agency under this 
section--
          (I) if the costs of routine collection and processing 
        of the fee are likely to equal or exceed the amount of 
        the fee; or
          (II) for any request described in clause (ii) (II) or 
        (III) of this subparagraph for the first two hours of 
        search time or for the first one hundred pages of 
        duplication.
  (v) No agency may require advance payment of any fee unless 
the requester has previously failed to pay fees in a timely 
fashion, or the agency has determined that the fee will exceed 
$250.
  (vi) Nothing in this subparagraph shall supersede fees 
chargeable under a statute specifically providing for setting 
the level of fees for particular types of records.
  (vii) In any action by a requester regarding the waiver of 
fees under this section, the court shall determine the matter 
de novo: Provided, That the court's review of the matter shall 
be limited to the record before the agency.
  (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.
  (B) On complaint, the district court of the United States in 
the district in which the complainant resides, or has his 
principal place of business, or in which the agency records are 
situated, or in the District of Columbia, has jurisdiction to 
enjoin the agency from withholding agency records and to order 
the production of any agency records improperly withheld from 
the complainant. In such a case the court shall determine the 
matter de novo, and may examine the contents of such agency 
records in camera to determine whether such records or any part 
thereof shall be withheld under any of the exemptions set forth 
in subsection (b) of this section, and the burden is on the 
agency to sustain its action. In addition to any other matters 
to which a court accords substantial weight, a court shall 
accord substantial weight to an affidavit of an agency 
concerning the agency's determination as to technical 
feasibility under paragraph (2)(C) and subsection (b) and 
reproducibility under paragraph (3)(B).
  (C) Notwithstanding any other provision of law, the defendant 
shall serve an answer or otherwise plead to any complaint made 
under this subsection within thirty days after service upon the 
defendant of the pleading in which such complaint is made, 
unless the court otherwise directs for good cause shown.
  (E)(i) The court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably 
incurred in any case under this section in which the 
complainant has substantially prevailed.
  (ii) For purposes of this subparagraph, a complainant has 
substantially prevailed if the complainant has obtained relief 
through either--
          (I) a judicial order, or an enforceable written 
        agreement or consent decree; or
          (II) a voluntary or unilateral change in position by 
        the agency, if the complainant's claim is not 
        insubstantial.
  (F)(i) Whenever the court orders the production of any agency 
records improperly withheld from the complainant and assesses 
against the United States reasonable attorney fees and other 
litigation costs, and the court additionally issues a written 
finding that the circumstances surrounding the withholding 
raise questions whether agency personnel acted arbitrarily or 
capriciously with respect to the withholding, the Special 
Counsel shall promptly initiate a proceeding to determine 
whether disciplinary action is warranted against the officer or 
employee who was primarily responsible for the withholding. The 
Special Counsel, after investigation and consideration of the 
evidence submitted, shall submit his findings and 
recommendations to the administrative authority of the agency 
concerned and shall send copies of the findings and 
recommendations to the officer or employee or his 
representative. The administrative authority shall take the 
corrective action that the Special Counsel recommends.
  (ii) The Attorney General shall--
          (I) notify the Special Counsel of each civil action 
        described under the first sentence of clause (i); and
          (II) annually submit a report to Congress on the 
        number of such civil actions in the preceding year.
  (iii) The Special Counsel shall annually submit a report to 
Congress on the actions taken by the Special Counsel under 
clause (i).
  (G) In the event of noncompliance with the order of the 
court, the district court may punish for contempt the 
responsible employee, and in the case of a uniformed service, 
the responsible member.
  (5) Each agency having more than one member shall maintain 
and make available for public inspection a record of the final 
votes of each member in every agency proceeding.
  (6)(A) Each agency, upon any request for records made under 
paragraph (1), (2), or (3) of this subsection, shall--
          (i) determine within 20 days (excepting Saturdays, 
        Sundays, and legal public holidays) after the receipt 
        of any such request whether to comply with such request 
        and shall immediately notify the person 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
          (ii) make a determination with respect to any appeal 
        within twenty days (excepting Saturdays, Sundays, and 
        legal public holidays) after the receipt of such 
        appeal. If on appeal the denial of the request for 
        records is in whole or in part upheld, the agency shall 
        notify the person making such request of the provisions 
        for judicial review of that determination under 
        paragraph (4) of this subsection.
The 20-day period under clause (i) shall commence on the date 
on which the request is first received by the appropriate 
component of the agency, but in any event not later than ten 
days after the request is first received by any component of 
the agency that is designated in the agency's regulations under 
this section to receive requests under this section. The 20-day 
period shall not be tolled by the agency except--
          
          (I) that the agency may make one request to the 
        requester for information and toll the 20-day period 
        while it is awaiting such information that it has 
        reasonably requested from the requester under this 
        section; or
          (II) if necessary to clarify with the requester 
        issues regarding fee assessment. In either case, the 
        agency's receipt of the requester's response to the 
        agency's request for information or clarification ends 
        the tolling period.
  (B)(i) In unusual circumstances as specified in this 
subparagraph, the time limits prescribed in either clause (i) 
or clause (ii) of subparagraph (A) may be extended by written 
notice to the person making such request setting forth the 
unusual circumstances for such extension and the date on which 
a determination is expected to be dispatched. No such notice 
shall specify a date that would result in an extension for more 
than ten working days, except as provided in clause (ii) of 
this subparagraph.
  (ii) With respect to a request for which a written notice 
under clause (i) extends the time limits prescribed under 
clause (i) of subparagraph (A), the agency shall notify the 
person making the request if the request cannot be processed 
within the time limit specified in that clause and shall 
provide the person an opportunity to limit the scope of the 
request so that it may be processed within that time limit or 
an opportunity to arrange with the agency an alternative time 
frame for processing the request or a modified request. Refusal 
by the person to reasonably modify the request or arrange such 
an alternative time frame shall be considered as a factor in 
determining whether exceptional circumstances exist for 
purposes of subparagraph (C). To aid the requester, each agency 
shall make available its FOIA Public Liaison, who shall assist 
in the resolution of any disputes between the requester and the 
agency, and notify the requester of the right of the requester 
to seek dispute resolution services from the Office of 
Government Information Services.
  (iii) As used in this subparagraph, ``unusual circumstances'' 
means, but only to the extent reasonably necessary to the 
proper processing of the particular requests--
          (I) the need to search for and collect the requested 
        records from field facilities or other establishments 
        that are separate from the office processing the 
        request;
          (II) the need to search for, collect, and 
        appropriately examine a voluminous amount of separate 
        and distinct records which are demanded in a single 
        request; or
          (III) the need for consultation, which shall be 
        conducted with all practicable speed, with another 
        agency having a substantial interest in the 
        determination of the request or among two or more 
        components of the agency having substantial subject-
        matter interest therein.
  (iv) Each agency may promulgate regulations, pursuant to 
notice and receipt of public comment, providing for the 
aggregation of certain requests by the same requestor, or by a 
group of requestors acting in concert, if the agency reasonably 
believes that such requests actually constitute a single 
request, which would otherwise satisfy the unusual 
circumstances specified in this subparagraph, and the requests 
involve clearly related matters. Multiple requests involving 
unrelated matters shall not be aggregated.
  (C)(i) Any person making a request to any agency for records 
under paragraph (1), (2), or (3) of this subsection shall be 
deemed to have exhausted his administrative remedies with 
respect to such request if the agency fails to comply with the 
applicable time limit provisions of this paragraph. If the 
Government can show exceptional circumstances exist and that 
the agency is exercising due diligence in responding to the 
request, the court may retain jurisdiction and allow the agency 
additional time to complete its review of the records. Upon any 
determination by an agency to comply with a request for 
records, the records shall be made promptly available to such 
person making such request. Any notification of denial of any 
request for records under this subsection shall set forth the 
names and titles or positions of each person responsible for 
the denial of such request.
  (ii) For purposes of this subparagraph, the term 
``exceptional circumstances'' does not include a delay that 
results from a predictable agency workload of requests under 
this section, unless the agency demonstrates reasonable 
progress in reducing its backlog of pending requests.
  (iii) Refusal by a person to reasonably modify the scope of a 
request or arrange an alternative time frame for processing a 
request (or a modified request) under clause (ii) after being 
given an opportunity to do so by the agency to whom the person 
made the request shall be considered as a factor in determining 
whether exceptional circumstances exist for purposes of this 
subparagraph.
  (D)(i) Each agency may promulgate regulations, pursuant to 
notice and receipt of public comment, providing for multitrack 
processing of requests for records based on the amount of work 
or time (or both) involved in processing requests.
  (ii) Regulations under this subparagraph may provide a person 
making a request that does not qualify for the fastest 
multitrack processing an opportunity to limit the scope of the 
request in order to qualify for faster processing.
  (iii) This subparagraph shall not be considered to affect the 
requirement under subparagraph (C) to exercise due diligence.
  (E)(i) Each agency shall promulgate regulations, pursuant to 
notice and receipt of public comment, providing for expedited 
processing of requests for records--
          (I) in cases in which the person requesting the 
        records demonstrates a compelling need; and
          (II) in other cases determined by the agency.
  (ii) Notwithstanding clause (i), regulations under this 
subparagraph must ensure--
          (I) that a determination of whether to provide 
        expedited processing shall be made, and notice of the 
        determination shall be provided to the person making 
        the request, within 10 days after the date of the 
        request; and
          (II) expeditious consideration of administrative 
        appeals of such determinations of whether to provide 
        expedited processing.
  (iii) An agency shall process as soon as practicable any 
request for records to which the agency has granted expedited 
processing under this subparagraph. Agency action to deny or 
affirm denial of a request for expedited processing pursuant to 
this subparagraph, and failure by an agency to respond in a 
timely manner to such a request shall be subject to judicial 
review under paragraph (4), except that the judicial review 
shall be based on the record before the agency at the time of 
the determination.
  (iv) A district court of the United States shall not have 
jurisdiction to review an agency denial of expedited processing 
of a request for records after the agency has provided a 
complete response to the request.
  (v) For purposes of this subparagraph, the term ``compelling 
need'' means--
          (I) that a failure to obtain requested records on an 
        expedited basis under this paragraph could reasonably 
        be expected to pose an imminent threat to the life or 
        physical safety of an individual; or
          (II) with respect to a request made by a person 
        primarily engaged in disseminating information, urgency 
        to inform the public concerning actual or alleged 
        Federal Government activity.
  (vi) A demonstration of a compelling need by a person making 
a request for expedited processing shall be made by a statement 
certified by such person to be true and correct to the best of 
such person's knowledge and belief.
  (F) In denying a request for records, in whole or in part, an 
agency shall make a reasonable effort to estimate the volume of 
any requested matter the provision of which is denied, and 
shall provide 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.
  (7) Each agency shall--
          (A) establish a system to assign an individualized 
        tracking number for each request received that will 
        take longer than ten days to process and provide to 
        each person making a request the tracking number 
        assigned to the request; and
          (B) establish a telephone line or Internet service 
        that provides information about the status of a request 
        to the person making the request using the assigned 
        tracking number, including--
                  (i) the date on which the agency originally 
                received the request; and
                  (ii) an estimated date on which the agency 
                will complete action on the request.
  (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).
  (b) This section does not apply to matters that are--
          (1)(A) specifically authorized under criteria 
        established by an Executive order to be kept secret in 
        the interest of national defense or foreign policy and 
        (B) are in fact properly classified pursuant to such 
        Executive order;
          (2) related solely to the internal personnel rules 
        and practices of an agency;
          (3) specifically exempted from disclosure by statute 
        (other than section 552b of this title), if that 
        statute--
                  (A)(i) requires that the matters be withheld 
                from the public in such a manner as to leave no 
                discretion on the issue; or
                  (ii) establishes particular criteria for 
                withholding or refers to particular types of 
                matters to be withheld; and
                  (B) if enacted after the date of enactment of 
                the OPEN FOIA Act of 2009, specifically cites 
                to this paragraph.
          (4) trade secrets and commercial or financial 
        information obtained from a person and privileged or 
        confidential;
          (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;
          (6) personnel and medical files and similar files the 
        disclosure of which would constitute a clearly 
        unwarranted invasion of personal privacy;
          (7) records or information compiled for law 
        enforcement purposes, but only to the extent that the 
        production of such law enforcement records or 
        information (A) could reasonably be expected to 
        interfere with enforcement proceedings, (B) would 
        deprive a person of a right to a fair trial or an 
        impartial adjudication, (C) could reasonably be 
        expected to constitute an unwarranted invasion of 
        personal privacy, (D) could reasonably be expected to 
        disclose the identity of a confidential source, 
        including a State, local, or foreign agency or 
        authority or any private institution which furnished 
        information on a confidential basis, and, in the case 
        of a record or information compiled by criminal law 
        enforcement authority in the course of a criminal 
        investigation or by an agency conducting a lawful 
        national security intelligence investigation, 
        information furnished by a confidential source, (E) 
        would disclose techniques and procedures for law 
        enforcement investigations or prosecutions, or would 
        disclose guidelines for law enforcement investigations 
        or prosecutions if such disclosure could reasonably be 
        expected to risk circumvention of the law, or (F) could 
        reasonably be expected to endanger the life or physical 
        safety of any individual;
          (8) contained in or related to examination, 
        operating, or condition reports prepared by, on behalf 
        of, or for the use of an agency responsible for the 
        regulation or supervision of financial institutions; or
          (9) geological and geophysical information and data, 
        including maps, concerning wells.
Any reasonably segregable portion of a record shall be provided 
to any person requesting such record after deletion of the 
portions which are exempt under this subsection. The amount of 
information deleted, and the exemption under which the deletion 
is made, shall be indicated on the released portion of the 
record, unless including that indication would harm an interest 
protected by the exemption in this subsection under which the 
deletion is made. If technically feasible, the amount of the 
information deleted, and the exemption under which the deletion 
is made, shall be indicated at the place in the record where 
such deletion is made.
  (c)(1) Whenever a request is made which involves access to 
records described in subsection (b)(7)(A) and--
          (A) the investigation or proceeding involves a 
        possible violation of criminal law; and
          (B) there is reason to believe that (i) the subject 
        of the investigation or proceeding is not aware of its 
        pendency, and (ii) disclosure of the existence of the 
        records could reasonably be expected to interfere with 
        enforcement proceedings,
the agency may, during only such time as that circumstance 
continues, treat the records as not subject to the requirements 
of this section.
  (2) Whenever informant records maintained by a criminal law 
enforcement agency under an informant's name or personal 
identifier are requested by a third party according to the 
informant's name or personal identifier, the agency may treat 
the records as not subject to the requirements of this section 
unless the informant's status as an informant has been 
officially confirmed.
  (3) Whenever a request is made which involves access to 
records maintained by the Federal Bureau of Investigation 
pertaining to foreign intelligence or counterintelligence, or 
international terrorism, and the existence of the records is 
classified information as provided in subsection (b)(1), the 
Bureau may, as long as the existence of the records remains 
classified information, treat the records as not subject to the 
requirements of this section.
  (d) This section does not authorize withholding of 
information or limit the availability of records to the public, 
except as specifically stated in this section. This section is 
not authority to withhold information from Congress.
  (e)(1) On or before February 1 of each year, each agency 
shall submit to the Attorney General of the United States and 
to the Director of the Office of Government Information 
Services a report which shall cover the preceding fiscal year 
and which shall include--
          (A) the number of determinations made by the agency 
        not to comply with requests for records made to such 
        agency under subsection (a) and the reasons for each 
        such determination;
          (B)(i) the number of appeals made by persons under 
        subsection (a)(6), the result of such appeals, and the 
        reason for the action upon each appeal that results in 
        a denial of information; and
          (ii) a complete list of all statutes that the agency 
        relies upon to authorize the agency to withhold 
        information under subsection (b)(3), the number of 
        occasions on which each statute was relied upon, a 
        description of whether a court has upheld the decision 
        of the agency to withhold information under each such 
        statute, and a concise description of the scope of any 
        information withheld;
          (C) the number of requests for records pending before 
        the agency as of September 30 of the preceding year, 
        and the median and average number of days that such 
        requests had been pending before the agency as of that 
        date;
          (D) the number of requests for records received by 
        the agency and the number of requests which the agency 
        processed;
          (E) the median number of days taken by the agency to 
        process different types of requests, based on the date 
        on which the requests were received by the agency;
          (F) the average number of days for the agency to 
        respond to a request beginning on the date on which the 
        request was received by the agency, the median number 
        of days for the agency to respond to such requests, and 
        the range in number of days for the agency to respond 
        to such requests;
          (G) based on the number of business days that have 
        elapsed since each request was originally received by 
        the agency--
                  (i) the number of requests for records to 
                which the agency has responded with a 
                determination within a period up to and 
                including 20 days, and in 20-day increments up 
                to and including 200 days;
                  (ii) the number of requests for records to 
                which the agency has responded with a 
                determination within a period greater than 200 
                days and less than 301 days;
                  (iii) the number of requests for records to 
                which the agency has responded with a 
                determination within a period greater than 300 
                days and less than 401 days; and
                  (iv) the number of requests for records to 
                which the agency has responded with a 
                determination within a period greater than 400 
                days;
          (H) the average number of days for the agency to 
        provide the granted information beginning on the date 
        on which the request was originally filed, the median 
        number of days for the agency to provide the granted 
        information, and the range in number of days for the 
        agency to provide the granted information;
          (I) the median and average number of days for the 
        agency to respond to administrative appeals based on 
        the date on which the appeals originally were received 
        by the agency, the highest number of business days 
        taken by the agency to respond to an administrative 
        appeal, and the lowest number of business days taken by 
        the agency to respond to an administrative appeal;
          (J) data on the 10 active requests with the earliest 
        filing dates pending at each agency, including the 
        amount of time that has elapsed since each request was 
        originally received by the agency;
          (K) data on the 10 active administrative appeals with 
        the earliest filing dates pending before the agency as 
        of September 30 of the preceding year, including the 
        number of business days that have elapsed since the 
        requests were originally received by the agency;
          (L) the number of expedited review requests that are 
        granted and denied, the average and median number of 
        days for adjudicating expedited review requests, and 
        the number adjudicated within the required 10 days;
          (M) the number of fee waiver requests that are 
        granted and denied, and the average and median number 
        of days for adjudicating fee waiver determinations;
          (N) the total amount of fees collected by the agency 
        for processing requests;
          (O) the number of full-time staff of the agency 
        devoted to processing requests for records under this 
        section, and the total amount expended by the agency 
        for processing such requests;
          (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).
  (2) Information in each report submitted under paragraph (1) 
shall be expressed in terms of each principal component of the 
agency and for the agency overall.
  (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.
  (4) The Attorney General of the United States shall make each 
report which has been made available by electronic means 
available at a single electronic access point. The Attorney 
General of the United States shall notify the Chairman and 
ranking minority member of the Committee on Oversight and 
Government Reform of the House of Representatives and the 
Chairman and ranking minority member of the Committees on 
Homeland Security and Governmental Affairs and the Judiciary of 
the Senate, no later than March 1 of the year in which each 
such report is issued, that such reports are available by 
electronic means.
  (5) The Attorney General of the United States, in 
consultation with the Director of the Office of Management and 
Budget, shall develop reporting and performance guidelines in 
connection with reports required by this subsection by October 
1, 1997, and may establish additional requirements for such 
reports as the Attorney General determines may be useful.
  (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.
  (f) For purposes of this section, the term--
          (1) ``agency'' as defined in section 551(1) of this 
        title includes any executive department, military 
        department, Government corporation, Government 
        controlled corporation, or other establishment in the 
        executive branch of the Government (including the 
        Executive Office of the President), or any independent 
        regulatory agency; and
          (2) ``record'' and any other term used in this 
        section in reference to information includes--
                  (A) any information that would be an agency 
                record subject to the requirements of this 
                section when maintained by an agency in any 
                format, including an electronic format; and
                  (B) any information described under 
                subparagraph (A) that is maintained for an 
                agency by an entity under Government contract, 
                for the purposes of records management.
  (g) The head of each agency shall prepare and make available 
for public inspection in an electronic format, reference 
material or a guide for requesting records or information from 
the agency, subject to the exemptions in subsection (b), 
including--
          (1) an index of all major information systems of the 
        agency;
          (2) a description of major information and record 
        locator systems maintained by the agency; and
          (3) a handbook for obtaining various types and 
        categories of public information from the agency 
        pursuant to chapter 35 of title 44, and under this 
        section.
  (h)(1) There is established the Office of Government 
Information Services within the National Archives and Records 
Administration. The head of the Office shall be the Director of 
the Office of Government Information Services.
  (2) The Office of Government Information Services shall--
          (A) review policies and procedures of administrative 
        agencies under this section;
          (B) review compliance with this section by 
        administrative agencies; and
          (C) identify procedures and methods for improving 
        compliance under this section.
  (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.
  (4)(A) Not less frequently than annually, the Director of the 
Office of Government Information Services shall submit to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on the Judiciary of the Senate, 
and the President--
          (i) a report on the findings of the information 
        reviewed and identified under paragraph (2);
          (ii) a summary of the activities of the Office of 
        Government Information Services under paragraph (3), 
        including--
                  (I) any advisory opinions issued; and
                  (II) the number of times each agency engaged 
                in dispute resolution with the assistance of 
                the Office of Government Information Services 
                or the FOIA Public Liaison; and
          (iii) legislative and regulatory recommendations, if 
        any, to improve the administration of this section.
  (B) The Director of the Office of Government Information 
Services shall make each report submitted under subparagraph 
(A) available for public inspection in an electronic format.
  (C) The Director of the Office of Government Information 
Services shall not be required to obtain the prior approval, 
comment, or review of any officer or agency of the United 
States, including the Department of Justice, the Archivist of 
the United States, or the Office of Management and Budget 
before submitting to 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.
  (i) The Government Accountability Office shall conduct audits 
of administrative agencies on the implementation of this 
section and issue reports detailing the results of such audits.
  (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.
  (l) FOIA Public Liaisons shall report to the agency Chief 
FOIA Officer and shall serve as supervisory officials to whom a 
requester under this section can raise concerns about the 
service the requester has received from the FOIA Requester 
Center, following an initial response from the FOIA Requester 
Center Staff. FOIA Public Liaisons shall be responsible for 
assisting in reducing delays, increasing transparency and 
understanding of the status of requests, and assisting in the 
resolution of disputes.
  (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.
  (n) For purposes of this section, the Smithsonian Institution 
shall be considered an agency, and the Secretary of the 
Smithsonian Institution shall be considered the head of the 
agency.

Sec. 552a. Records maintained on individuals

  (a) Definitions.--For purposes of this section--
          (1) the term ``agency'' means agency as defined in 
        section 552(e) of this title[;], except that such term 
        also includes the Smithsonian Institution;
          (2) the term ``individual'' means a citizen of the 
        United States or an alien lawfully admitted for 
        permanent residence;
          (3) the term ``maintain'' includes maintain, collect, 
        use, or disseminate;
          (4) the term ``record'' means any item, collection, 
        or grouping of information about an individual that is 
        maintained by an agency, including, but not limited to, 
        his education, financial transactions, medical history, 
        and criminal or employment history and that contains 
        his name, or the identifying number, symbol, or other 
        identifying particular assigned to the individual, such 
        as a finger or voice print or a photograph;
          (5) the term ``system of records'' means a group of 
        any records under the control of any agency from which 
        information is retrieved by the name of the individual 
        or by some identifying number, symbol, or other 
        identifying particular assigned to the individual;
          (6) the term ``statistical record'' means a record in 
        a system of records maintained for statistical research 
        or reporting purposes only and not used in whole or in 
        part in making any determination about an identifiable 
        individual, except as provided by section 8 of title 
        13;
          (7) the term ``routine use'' means, with respect to 
        the disclosure of a record, the use of such record for 
        a purpose which is compatible with the purpose for 
        which it was collected;
          (8) the term ``matching program''--
                  (A) means any computerized comparison of--
                          (i) two or more automated systems of 
                        records or a system of records with 
                        non-Federal records for the purpose 
                        of--
                                  (I) establishing or verifying 
                                the eligibility of, or 
                                continuing compliance with 
                                statutory and regulatory 
                                requirements by, applicants 
                                for, recipients or 
                                beneficiaries of, participants 
                                in, or providers of services 
                                with respect to, cash or in-
                                kind assistance or payments 
                                under Federal benefit programs, 
                                or
                                  (II) recouping payments or 
                                delinquent debts under such 
                                Federal benefit programs, or
                          (ii) two or more automated Federal 
                        personnel or payroll systems of records 
                        or a system of Federal personnel or 
                        payroll records with non-Federal 
                        records,
                  (B) but does not include--
                          (i) matches performed to produce 
                        aggregate statistical data without any 
                        personal identifiers;
                          (ii) matches performed to support any 
                        research or statistical project, the 
                        specific data of which may not be used 
                        to make decisions concerning the 
                        rights, benefits, or privileges of 
                        specific individuals;
                          (iii) matches performed, by an agency 
                        (or component thereof) which performs 
                        as its principal function any activity 
                        pertaining to the enforcement of 
                        criminal laws, subsequent to the 
                        initiation of a specific criminal or 
                        civil law enforcement investigation of 
                        a named person or persons for the 
                        purpose of gathering evidence against 
                        such person or persons;
                          (iv) matches of tax information (I) 
                        pursuant to section 6103(d) of the 
                        Internal Revenue Code of 1986, (II) for 
                        purposes of tax administration as 
                        defined in section 6103(b)(4) of such 
                        Code, (III) for the purpose of 
                        intercepting a tax refund due an 
                        individual under authority granted by 
                        section 404(e), 464, or 1137 of the 
                        Social Security Act; or (IV) for the 
                        purpose of intercepting a tax refund 
                        due an individual under any other tax 
                        refund intercept program authorized by 
                        statute which has been determined by 
                        the Director of the Office of 
                        Management and Budget to contain 
                        verification, notice, and hearing 
                        requirements that are substantially 
                        similar to the procedures in section 
                        1137 of the Social Security Act;
                          (v) matches--
                                  (I) using records 
                                predominantly relating to 
                                Federal personnel, that are 
                                performed for routine 
                                administrative purposes 
                                (subject to guidance provided 
                                by the Director of the Office 
                                of Management and Budget 
                                pursuant to subsection (v)); or
                                  (II) conducted by an agency 
                                using only records from systems 
                                of records maintained by that 
                                agency;
                        if the purpose of the match is not to 
                        take any adverse financial, personnel, 
                        disciplinary, or other adverse action 
                        against Federal personnel;
                          (vi) matches performed for foreign 
                        counterintelligence purposes or to 
                        produce background checks for security 
                        clearances of Federal personnel or 
                        Federal contractor personnel;
                          (vii) matches performed incident to a 
                        levy described in section 6103(k)(8) of 
                        the Internal Revenue Code of 1986;
                          (viii) matches performed pursuant to 
                        section 202(x)(3) or 1611(e)(1) of the 
                        Social Security Act (42 U.S.C. 
                        402(x)(3), 1382(e)(1));
                          (ix) matches performed by the 
                        Secretary of Health and Human Services 
                        or the Inspector General of the 
                        Department of Health and Human Services 
                        with respect to potential fraud, waste, 
                        and abuse, including matches of a 
                        system of records with non-Federal 
                        records; or
                          (x) matches performed pursuant to 
                        section 3(d)(4) of the Achieving a 
                        Better Life Experience Act of 2014;
          (9) the term ``recipient agency'' means any agency, 
        or contractor thereof, receiving records contained in a 
        system of records from a source agency for use in a 
        matching program;
          (10) the term ``non-Federal agency'' means any State 
        or local government, or agency thereof, which receives 
        records contained in a system of records from a source 
        agency for use in a matching program;
          (11) the term ``source agency'' means any agency 
        which discloses records contained in a system of 
        records to be used in a matching program, or any State 
        or local government, or agency thereof, which discloses 
        records to be used in a matching program;
          (12) the term ``Federal benefit program'' means any 
        program administered or funded by the Federal 
        Government, or by any agent or State on behalf of the 
        Federal Government, providing cash or in-kind 
        assistance in the form of payments, grants, loans, or 
        loan guarantees to individuals; and
          (13) the term ``Federal personnel'' means officers 
        and employees of the Government of the United States, 
        members of the uniformed services (including members of 
        the Reserve Components), individuals entitled to 
        receive immediate or deferred retirement benefits under 
        any retirement program of the Government of the United 
        States (including survivor benefits).
  (b) Conditions of Disclosure.--No agency shall disclose any 
record which is contained in a system of records by any means 
of communication to any person, or to another agency, except 
pursuant to a written request by, or with the prior written 
consent of, the individual to whom the record pertains, unless 
disclosure of the record would be--
          (1) to those officers and employees of the agency 
        which maintains the record who have a need for the 
        record in the performance of their duties;
          (2) required under section 552 of this title;
          (3) for a routine use as defined in subsection (a)(7) 
        of this section and described under subsection 
        (e)(4)(D) of this section;
          (4) to the Bureau of the Census for purposes of 
        planning or carrying out a census or survey or related 
        activity pursuant to the provisions of title 13;
          (5) to a recipient who has provided the agency with 
        advance adequate written assurance that the record will 
        be used solely as a statistical research or reporting 
        record, and the record is to be transferred in a form 
        that is not individually identifiable;
          (6) to the National Archives and Records 
        Administration as a record which has sufficient 
        historical or other value to warrant its continued 
        preservation by the United States Government, or for 
        evaluation by the Archivist of the United States or the 
        designee of the Archivist to determine whether the 
        record has such value;
          (7) to another agency or to an instrumentality of any 
        governmental jurisdiction within or under the control 
        of the United States for a civil or criminal law 
        enforcement activity if the activity is authorized by 
        law, and if the head of the agency or instrumentality 
        has made a written request to the agency which 
        maintains the record specifying the particular portion 
        desired and the law enforcement activity for which the 
        record is sought;
          (8) to a person pursuant to a showing of compelling 
        circumstances affecting the health or safety of an 
        individual if upon such disclosure notification is 
        transmitted to the last known address of such 
        individual;
          (9) to either House of Congress, or, to the extent of 
        matter within its jurisdiction, any committee or 
        subcommittee thereof, any joint committee of Congress 
        or subcommittee of any such joint committee;
          (10) to the Comptroller General, or any of his 
        authorized representatives, in the course of the 
        performance of the duties of the Government 
        Accountability Office;
          (11) pursuant to the order of a court of competent 
        jurisdiction; or
          (12) to a consumer reporting agency in accordance 
        with section 3711(e) of title 31.
  (c) Accounting of Certain Disclosures.--Each agency, with 
respect to each system of records under its control, shall--
          (1) except for disclosures made under subsections 
        (b)(1) or (b)(2) of this section, keep an accurate 
        accounting of--
                  (A) the date, nature, and purpose of each 
                disclosure of a record to any person or to 
                another agency made under subsection (b) of 
                this section; and
                  (B) the name and address of the person or 
                agency to whom the disclosure is made;
          (2) retain the accounting made under paragraph (1) of 
        this subsection for at least five years or the life of 
        the record, whichever is longer, after the disclosure 
        for which the accounting is made;
          (3) except for disclosures made under subsection 
        (b)(7) of this section, make the accounting made under 
        paragraph (1) of this subsection available to the 
        individual named in the record at his request; and
          (4) inform any person or other agency about any 
        correction or notation of dispute made by the agency in 
        accordance with subsection (d) of this section of any 
        record that has been disclosed to the person or agency 
        if an accounting of the disclosure was made.
  (d) Access to Records.--Each agency that maintains a system 
of records shall--
          (1) upon request by any individual to gain access to 
        his record or to any information pertaining to him 
        which is contained in the system, permit him and upon 
        his request, a person of his own choosing to accompany 
        him, to review the record and have a copy made of all 
        or any portion thereof in a form comprehensible to him, 
        except that the agency may require the individual to 
        furnish a written statement authorizing discussion of 
        that individual's record in the accompanying person's 
        presence;
          (2) permit the individual to request amendment of a 
        record pertaining to him and--
                  (A) not later than 10 days (excluding 
                Saturdays, Sundays, and legal public holidays) 
                after the date of receipt of such request, 
                acknowledge in writing such receipt; and
                  (B) promptly, either--
                          (i) make any correction of any 
                        portion thereof which the individual 
                        believes is not accurate, relevant, 
                        timely, or complete; or
                          (ii) inform the individual of its 
                        refusal to amend the record in 
                        accordance with his request, the reason 
                        for the refusal, the procedures 
                        established by the agency for the 
                        individual to request a review of that 
                        refusal by the head of the agency or an 
                        officer designated by the head of the 
                        agency, and the name and business 
                        address of that official;
          (3) permit the individual who disagrees with the 
        refusal of the agency to amend his record to request a 
        review of such refusal, and not later than 30 days 
        (excluding Saturdays, Sundays, and legal public 
        holidays) from the date on which the individual 
        requests such review, complete such review and make a 
        final determination unless, for good cause shown, the 
        head of the agency extends such 30-day period; and if, 
        after his review, the reviewing official also refuses 
        to amend the record in accordance with the request, 
        permit the individual to file with the agency a concise 
        statement setting forth the reasons for his 
        disagreement with the refusal of the agency, and notify 
        the individual of the provisions for judicial review of 
        the reviewing official's determination under subsection 
        (g)(1)(A) of this section;
          (4) in any disclosure, containing information about 
        which the individual has filed a statement of 
        disagreement, occurring after the filing of the 
        statement under paragraph (3) of this subsection, 
        clearly note any portion of the record which is 
        disputed and provide copies of the statement and, if 
        the agency deems it appropriate, copies of a concise 
        statement of the reasons of the agency for not making 
        the amendments requested, to persons or other agencies 
        to whom the disputed record has been disclosed; and
          (5) nothing in this section shall allow an individual 
        access to any information compiled in reasonable 
        anticipation of a civil action or proceeding.
  (e) Agency Requirements.--Each agency that maintains a system 
of records shall--
          (1) maintain in its records only such information 
        about an individual as is relevant and necessary to 
        accomplish a purpose of the agency required to be 
        accomplished by statute or by executive order of the 
        President;
          (2) collect information to the greatest extent 
        practicable directly from the subject individual when 
        the information may result in adverse determinations 
        about an individual's rights, benefits, and privileges 
        under Federal programs;
          (3) inform each individual whom it asks to supply 
        information, on the form which it uses to collect the 
        information or on a separate form that can be retained 
        by the individual--
                  (A) the authority (whether granted by 
                statute, or by executive order of the 
                President) which authorizes the solicitation of 
                the information and whether disclosure of such 
                information is mandatory or voluntary;
                  (B) the principal purpose or purposes for 
                which the information is intended to be used;
                  (C) the routine uses which may be made of the 
                information, as published pursuant to paragraph 
                (4)(D) of this subsection; and
                  (D) the effects on him, if any, of not 
                providing all or any part of the requested 
                information;
          (4) subject to the provisions of paragraph (11) of 
        this subsection, publish in the Federal Register upon 
        establishment or revision a notice of the existence and 
        character of the system of records, which notice shall 
        include--
                  (A) the name and location of the system;
                  (B) the categories of individuals on whom 
                records are maintained in the system;
                  (C) the categories of records maintained in 
                the system;
                  (D) each routine use of the records contained 
                in the system, including the categories of 
                users and the purpose of such use;
                  (E) the policies and practices of the agency 
                regarding storage, retrievability, access 
                controls, retention, and disposal of the 
                records;
                  (F) the title and business address of the 
                agency official who is responsible for the 
                system of records;
                  (G) the agency procedures whereby an 
                individual can be notified at his request if 
                the system of records contains a record 
                pertaining to him;
                  (H) the agency procedures whereby an 
                individual can be notified at his request how 
                he can gain access to any record pertaining to 
                him contained in the system of records, and how 
                he can contest its content; and
                  (I) the categories of sources of records in 
                the system;
          (5) maintain all records which are used by the agency 
        in making any determination about any individual with 
        such accuracy, relevance, timeliness, and completeness 
        as is reasonably necessary to assure fairness to the 
        individual in the determination;
          (6) prior to disseminating any record about an 
        individual to any person other than an agency, unless 
        the dissemination is made pursuant to subsection (b)(2) 
        of this section, make reasonable efforts to assure that 
        such records are accurate, complete, timely, and 
        relevant for agency purposes;
          (7) maintain no record describing how any individual 
        exercises rights guaranteed by the First Amendment 
        unless expressly authorized by statute or by the 
        individual about whom the record is maintained or 
        unless pertinent to and within the scope of an 
        authorized law enforcement activity;
          (8) make reasonable efforts to serve notice on an 
        individual when any record on such individual is made 
        available to any person under compulsory legal process 
        when such process becomes a matter of public record;
          (9) establish rules of conduct for persons involved 
        in the design, development, operation, or maintenance 
        of any system of records, or in maintaining any record, 
        and instruct each such person with respect to such 
        rules and the requirements of this section, including 
        any other rules and procedures adopted pursuant to this 
        section and the penalties for noncompliance;
          (10) establish appropriate administrative, technical, 
        and physical safeguards to insure the security and 
        confidentiality of records and to protect against any 
        anticipated threats or hazards to their security or 
        integrity which could result in substantial harm, 
        embarrassment, inconvenience, or unfairness to any 
        individual on whom information is maintained;
          (11) at least 30 days prior to publication of 
        information under paragraph (4)(D) of this subsection, 
        publish in the Federal Register notice of any new use 
        or intended use of the information in the system, and 
        provide an opportunity for interested persons to submit 
        written data, views, or arguments to the agency; and
          (12) if such agency is a recipient agency or a source 
        agency in a matching program with a non-Federal agency, 
        with respect to any establishment or revision of a 
        matching program, at least 30 days prior to conducting 
        such program, publish in the Federal Register notice of 
        such establishment or revision.
  (f) Agency Rules.--In order to carry out the provisions of 
this section, each agency that maintains a system of records 
shall promulgate rules, in accordance with the requirements 
(including general notice) of section 553 of this title, which 
shall--
          (1) establish procedures whereby an individual can be 
        notified in response to his request if any system of 
        records named by the individual contains a record 
        pertaining to him;
          (2) define reasonable times, places, and requirements 
        for identifying an individual who requests his record 
        or information pertaining to him before the agency 
        shall make the record or information available to the 
        individual;
          (3) establish procedures for the disclosure to an 
        individual upon his request of his record or 
        information pertaining to him, including special 
        procedure, if deemed necessary, for the disclosure to 
        an individual of medical records, including 
        psychological records, pertaining to him;
          (4) establish procedures for reviewing a request from 
        an individual concerning the amendment of any record or 
        information pertaining to the individual, for making a 
        determination on the request, for an appeal within the 
        agency of an initial adverse agency determination, and 
        for whatever additional means may be necessary for each 
        individual to be able to exercise fully his rights 
        under this section; and
          (5) establish fees to be charged, if any, to any 
        individual for making copies of his record, excluding 
        the cost of any search for and review of the record.
The Office of the Federal Register shall biennially compile and 
publish the rules promulgated under this subsection and agency 
notices published under subsection (e)(4) of this section in a 
form available to the public at low cost.
  (g)(1) Civil Remedies.--Whenever any agency
          (A) makes a determination under subsection (d)(3) of 
        this section not to amend an individual's record in 
        accordance with his request, or fails to make such 
        review in conformity with that subsection;
          (B) refuses to comply with an individual request 
        under subsection (d)(1) of this section;
          (C) fails to maintain any record concerning any 
        individual with such accuracy, relevance, timeliness, 
        and completeness as is necessary to assure fairness in 
        any determination relating to the qualifications, 
        character, rights, or opportunities of, or benefits to 
        the individual that may be made on the basis of such 
        record, and consequently a determination is made which 
        is adverse to the individual; or
          (D) fails to comply with any other provision of this 
        section, or any rule promulgated thereunder, in such a 
        way as to have an adverse effect on an individual,
the individual may bring a civil action against the agency, and 
the district courts of the United States shall have 
jurisdiction in the matters under the provisions of this 
subsection.
  (2)(A) In any suit brought under the provisions of subsection 
(g)(1)(A) of this section, the court may order the agency to 
amend the individual's record in accordance with his request or 
in such other way as the court may direct. In such a case the 
court shall determine the matter de novo.
  (B) The court may assess against the United States reasonable 
attorney fees and other litigation costs reasonably incurred in 
any case under this paragraph in which the complainant has 
substantially prevailed.
  (3)(A) In any suit brought under the provisions of subsection 
(g)(1)(B) of this section, the court may enjoin the agency from 
withholding the records and order the production to the 
complainant of any agency records improperly withheld from him. 
In such a case the court shall determine the matter de novo, 
and may examine the contents of any agency records in camera to 
determine whether the records or any portion thereof may be 
withheld under any of the exemptions set forth in subsection 
(k) of this section, and the burden is on the agency to sustain 
its action.
  (B) The court may assess against the United States reasonable 
attorney fees and other litigation costs reasonably incurred in 
any case under this paragraph in which the complainant has 
substantially prevailed.
  (4) In any suit brought under the provisions of subsection 
(g)(1)(C) or (D) of this section in which the court determines 
that the agency acted in a manner which was intentional or 
willful, the United States shall be liable to the individual in 
an amount equal to the sum of--
          (A) actual damages sustained by the individual as a 
        result of the refusal or failure, but in no case shall 
        a person entitled to recovery receive less than the sum 
        of $1,000; and
          (B) the costs of the action together with reasonable 
        attorney fees as determined by the court.
  (5) An action to enforce any liability created under this 
section may be brought in the district court of the United 
States in the district in which the complainant resides, or has 
his principal place of business, or in which the agency records 
are situated, or in the District of Columbia, without regard to 
the amount in controversy, within two years from the date on 
which the cause of action arises, except that where an agency 
has materially and willfully misrepresented any information 
required under this section to be disclosed to an individual 
and the information so misrepresented is material to 
establishment of the liability of the agency to the individual 
under this section, the action may be brought at any time 
within two years after discovery by the individual of the 
misrepresentation. Nothing in this section shall be construed 
to authorize any civil action by reason of any injury sustained 
as the result of a disclosure of a record prior to September 
27, 1975.
  (h) Rights of Legal Guardians.--For the purposes of this 
section, the parent of any minor, or the legal guardian of any 
individual who has been declared to be incompetent due to 
physical or mental incapacity or age by a court of competent 
jurisdiction, may act on behalf of the individual.
  (i)(1) Criminal Penalties.--Any officer or employee of an 
agency, who by virtue of his employment or official position, 
has possession of, or access to, agency records which contain 
individually identifiable information the disclosure of which 
is prohibited by this section or by rules or regulations 
established thereunder, and who knowing that disclosure of the 
specific material is so prohibited, willfully discloses the 
material in any manner to any person or agency not entitled to 
receive it, shall be guilty of a misdemeanor and fined not more 
than $5,000.
  (2) Any officer or employee of any agency who willfully 
maintains a system of records without meeting the notice 
requirements of subsection (e)(4) of this section shall be 
guilty of a misdemeanor and fined not more than $5,000.
  (3) Any person who knowingly and willfully requests or 
obtains any record concerning an individual from an agency 
under false pretenses shall be guilty of a misdemeanor and 
fined not more than $5,000.
  (j) General Exemptions.--The head of any agency may 
promulgate rules, in accordance with the requirements 
(including general notice) of sections 553(b)(1), (2), and (3), 
(c), and (e) of this title, to exempt any system of records 
within the agency from any part of this section except 
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), 
(7), (9), (10), and (11), and (i) if the system of records is--
          (1) maintained by the Central Intelligence Agency; or
          (2) maintained by an agency or component thereof 
        which performs as its principal function any activity 
        pertaining to the enforcement of criminal laws, 
        including police efforts to prevent, control, or reduce 
        crime or to apprehend criminals, and the activities of 
        prosecutors, courts, correctional, probation, pardon, 
        or parole authorities, and which consists of (A) 
        information compiled for the purpose of identifying 
        individual criminal offenders and alleged offenders and 
        consisting only of identifying data and notations of 
        arrests, the nature and disposition of criminal 
        charges, sentencing, confinement, release, and parole 
        and probation status; (B) information compiled for the 
        purpose of a criminal investigation, including reports 
        of informants and investigators, and associated with an 
        identifiable individual; or (C) reports identifiable to 
        an individual compiled at any stage of the process of 
        enforcement of the criminal laws from arrest or 
        indictment through release from supervision.
At the time rules are adopted under this subsection, the agency 
shall include in the statement required under section 553(c) of 
this title, the reasons why the system of records is to be 
exempted from a provision of this section.
  (k) Specific Exemptions.--The head of any agency may 
promulgate rules, in accordance with the requirements 
(including general notice) of sections 553(b)(1), (2), and (3), 
(c), and (e) of this title, to exempt any system of records 
within the agency from subsections (c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (I) and (f) of this section if the system 
of records is--
          (1) subject to the provisions of section 552(b)(1) of 
        this title;
          (2) investigatory material compiled for law 
        enforcement purposes, other than material within the 
        scope of subsection (j)(2) of this section: Provided, 
        however, That if any individual is denied any right, 
        privilege, or benefit that he would otherwise be 
        entitled by Federal law, or for which he would 
        otherwise be eligible, as a result of the maintenance 
        of such material, such material shall be provided to 
        such individual, except to the extent that the 
        disclosure of such material would reveal the identity 
        of a source who furnished information to the Government 
        under an express promise that the identity of the 
        source would be held in confidence, or, prior to the 
        effective date of this section, under an implied 
        promise that the identity of the source would be held 
        in confidence;
          (3) maintained in connection with providing 
        protective services to the President of the United 
        States or other individuals pursuant to section 3056 of 
        title 18;
          (4) required by statute to be maintained and used 
        solely as statistical records;
          (5) investigatory material compiled solely for the 
        purpose of determining suitability, eligibility, or 
        qualifications for Federal civilian employment, 
        military service, Federal contracts, or access to 
        classified information, but only to the extent that the 
        disclosure of such material would reveal the identity 
        of a source who furnished information to the Government 
        under an express promise that the identity of the 
        source would be held in confidence, or, prior to the 
        effective date of this section, under an implied 
        promise that the identity of the source would be held 
        in confidence;
          (6) testing or examination material used solely to 
        determine individual qualifications for appointment or 
        promotion in the Federal service the disclosure of 
        which would compromise the objectivity or fairness of 
        the testing or examination process; or
          (7) evaluation material used to determine potential 
        for promotion in the armed services, but only to the 
        extent that the disclosure of such material would 
        reveal the identity of a source who furnished 
        information to the Government under an express promise 
        that the identity of the source would be held in 
        confidence, or, prior to the effective date of this 
        section, under an implied promise that the identity of 
        the source would be held in confidence.
At the time rules are adopted under this subsection, the agency 
shall include in the statement required under section 553(c) of 
this title, the reasons why the system of records is to be 
exempted from a provision of this section.
  (l)(1) Archival Records.--Each agency record which is 
accepted by the Archivist of the United States for storage, 
processing, and servicing in accordance with section 3103 of 
title 44 shall, for the purposes of this section, be considered 
to be maintained by the agency which deposited the record and 
shall be subject to the provisions of this section. The 
Archivist of the United States shall not disclose the record 
except to the agency which maintains the record, or under rules 
established by that agency which are not inconsistent with the 
provisions of this section.
  (2) Each agency record pertaining to an identifiable 
individual which was transferred to the National Archives of 
the United States as a record which has sufficient historical 
or other value to warrant its continued preservation by the 
United States Government, prior to the effective date of this 
section, shall, for the purposes of this section, be considered 
to be maintained by the National Archives and shall not be 
subject to the provisions of this section, except that a 
statement generally describing such records (modeled after the 
requirements relating to records subject to subsections 
(e)(4)(A) through (G) of this section) shall be published in 
the Federal Register.
  (3) Each agency record pertaining to an identifiable 
individual which is transferred to the National Archives of the 
United States as a record which has sufficient historical or 
other value to warrant its continued preservation by the United 
States Government, on or after the effective date of this 
section, shall, for the purposes of this section, be considered 
to be maintained by the National Archives and shall be exempt 
from the requirements of this section except subsections 
(e)(4)(A) through (G) and (e)(9) of this section.
  (m)(1) Government Contractors.--When an agency provides by a 
contract for the operation by or on behalf of the agency of a 
system of records to accomplish an agency function, the agency 
shall, consistent with its authority, cause the requirements of 
this section to be applied to such system. For purposes of 
subsection (i) of this section any such contractor and any 
employee of such contractor, if such contract is agreed to on 
or after the effective date of this section, shall be 
considered to be an employee of an agency.
  (2) A consumer reporting agency to which a record is 
disclosed under section 3711(e) of title 31 shall not be 
considered a contractor for the purposes of this section.
  (n) Mailing Lists.--An individual's name and address may not 
be sold or rented by an agency unless such action is 
specifically authorized by law. This provision shall not be 
construed to require the withholding of names and addresses 
otherwise permitted to be made public.
  (o) Matching Agreements.--(1) No record which is contained in 
a system of records may be disclosed to a recipient agency or 
non-Federal agency for use in a computer matching program 
except pursuant to a written agreement between the source 
agency and the recipient agency or non-Federal agency 
specifying--
          (A) the purpose and legal authority for conducting 
        the program;
          (B) the justification for the program and the 
        anticipated results, including a specific estimate of 
        any savings;
          (C) a description of the records that will be 
        matched, including each data element that will be used, 
        the approximate number of records that will be matched, 
        and the projected starting and completion dates of the 
        matching program;
          (D) procedures for providing individualized notice at 
        the time of application, and notice periodically 
        thereafter as directed by the Data Integrity Board of 
        such agency (subject to guidance provided by the 
        Director of the Office of Management and Budget 
        pursuant to subsection (v)), to--
                  (i) applicants for and recipients of 
                financial assistance or payments under Federal 
                benefit programs, and
                  (ii) applicants for and holders of positions 
                as Federal personnel,
        that any information provided by such applicants, 
        recipients, holders, and individuals may be subject to 
        verification through matching programs;
          (E) procedures for verifying information produced in 
        such matching program as required by subsection (p);
          (F) procedures for the retention and timely 
        destruction of identifiable records created by a 
        recipient agency or non-Federal agency in such matching 
        program;
          (G) procedures for ensuring the administrative, 
        technical, and physical security of the records matched 
        and the results of such programs;
          (H) prohibitions on duplication and redisclosure of 
        records provided by the source agency within or outside 
        the recipient agency or the non-Federal agency, except 
        where required by law or essential to the conduct of 
        the matching program;
          (I) procedures governing the use by a recipient 
        agency or non-Federal agency of records provided in a 
        matching program by a source agency, including 
        procedures governing return of the records to the 
        source agency or destruction of records used in such 
        program;
          (J) information on assessments that have been made on 
        the accuracy of the records that will be used in such 
        matching program; and
          (K) that the Comptroller General may have access to 
        all records of a recipient agency or a non-Federal 
        agency that the Comptroller General deems necessary in 
        order to monitor or verify compliance with the 
        agreement.
  (2)(A) A copy of each agreement entered into pursuant to 
paragraph (1) shall--
          (i) be transmitted to the Committee on Governmental 
        Affairs of the Senate and the Committee on Government 
        Operations of the House of Representatives; and
          (ii) be available upon request to the public.
  (B) No such agreement shall be effective until 30 days after 
the date on which such a copy is transmitted pursuant to 
subparagraph (A)(i).
  (C) Such an agreement shall remain in effect only for such 
period, not to exceed 18 months, as the Data Integrity Board of 
the agency determines is appropriate in light of the purposes, 
and length of time necessary for the conduct, of the matching 
program.
  (D) Within 3 months prior to the expiration of such an 
agreement pursuant to subparagraph (C), the Data Integrity 
Board of the agency may, without additional review, renew the 
matching agreement for a current, ongoing matching program for 
not more than one additional year if--
          (i) such program will be conducted without any 
        change; and
          (ii) each party to the agreement certifies to the 
        Board in writing that the program has been conducted in 
        compliance with the agreement.
  (p) Verification and Opportunity to Contest Findings.--(1) In 
order to protect any individual whose records are used in a 
matching program, no recipient agency, non-Federal agency, or 
source agency may suspend, terminate, reduce, or make a final 
denial of any financial assistance or payment under a Federal 
benefit program to such individual, or take other adverse 
action against such individual, as a result of information 
produced by such matching program, until--
          (A)(i) the agency has independently verified the 
        information; or
          (ii) the Data Integrity Board of the agency, or in 
        the case of a non-Federal agency the Data Integrity 
        Board of the source agency, determines in accordance 
        with guidance issued by the Director of the Office of 
        Management and Budget that--
                  (I) the information is limited to 
                identification and amount of benefits paid by 
                the source agency under a Federal benefit 
                program; and
                  (II) there is a high degree of confidence 
                that the information provided to the recipient 
                agency is accurate;
          (B) the individual receives a notice from the agency 
        containing a statement of its findings and informing 
        the individual of the opportunity to contest such 
        findings; and
          (C)(i) the expiration of any time period established 
        for the program by statute or regulation for the 
        individual to respond to that notice; or
          (ii) in the case of a program for which no such 
        period is established, the end of the 30-day period 
        beginning on the date on which notice under 
        subparagraph (B) is mailed or otherwise provided to the 
        individual.
  (2) Independent verification referred to in paragraph (1) 
requires investigation and confirmation of specific information 
relating to an individual that is used as a basis for an 
adverse action against the individual, including where 
applicable investigation and confirmation of--
          (A) the amount of any asset or income involved;
          (B) whether such individual actually has or had 
        access to such asset or income for such individual's 
        own use; and
          (C) the period or periods when the individual 
        actually had such asset or income.
  (3) Notwithstanding paragraph (1), an agency may take any 
appropriate action otherwise prohibited by such paragraph if 
the agency determines that the public health or public safety 
may be adversely affected or significantly threatened during 
any notice period required by such paragraph.
  (q) Sanctions.--(1) Notwithstanding any other provision of 
law, no source agency may disclose any record which is 
contained in a system of records to a recipient agency or non-
Federal agency for a matching program if such source agency has 
reason to believe that the requirements of subsection (p), or 
any matching agreement entered into pursuant to subsection (o), 
or both, are not being met by such recipient agency.
  (2) No source agency may renew a matching agreement unless--
          (A) the recipient agency or non-Federal agency has 
        certified that it has complied with the provisions of 
        that agreement; and
          (B) the source agency has no reason to believe that 
        the certification is inaccurate.
  (r) Report on New Systems and Matching Programs.--Each agency 
that proposes to establish or make a significant change in a 
system of records or a matching program shall provide adequate 
advance notice of any such proposal (in duplicate) to the 
Committee on Government Operations of the House of 
Representatives, the Committee on Governmental Affairs of the 
Senate, and the Office of Management and Budget in order to 
permit an evaluation of the probable or potential effect of 
such proposal on the privacy or other rights of individuals.
  (s) Biennial Report.--The President shall biennially submit 
to the Speaker of the House of Representatives and the 
President pro tempore of the Senate a report--
          (1) describing the actions of the Director of the 
        Office of Management and Budget pursuant to section 6 
        of the Privacy Act of 1974 during the preceding 2 
        years;
          (2) describing the exercise of individual rights of 
        access and amendment under this section during such 
        years;
          (3) identifying changes in or additions to systems of 
        records;
          (4) containing such other information concerning 
        administration of this section as may be necessary or 
        useful to the Congress in reviewing the effectiveness 
        of this section in carrying out the purposes of the 
        Privacy Act of 1974.
  (t)(1) Effect of Other Laws.--No agency shall rely on any 
exemption contained in section 552 of this title to withhold 
from an individual any record which is otherwise accessible to 
such individual under the provisions of this section.
  (2) No agency shall rely on any exemption in this section to 
withhold from an individual any record which is otherwise 
accessible to such individual under the provisions of section 
552 of this title.
  (u) Data Integrity Boards.--(1) Every agency conducting or 
participating in a matching program shall establish a Data 
Integrity Board to oversee and coordinate among the various 
components of such agency the agency's implementation of this 
section.
  (2) Each Data Integrity Board shall consist of senior 
officials designated by the head of the agency, and shall 
include any senior official designated by the head of the 
agency as responsible for implementation of this section, and 
the inspector general of the agency, if any. The inspector 
general shall not serve as chairman of the Data Integrity 
Board.
  (3) Each Data Integrity Board--
          (A) shall review, approve, and maintain all written 
        agreements for receipt or disclosure of agency records 
        for matching programs to ensure compliance with 
        subsection (o), and all relevant statutes, regulations, 
        and guidelines;
          (B) shall review all matching programs in which the 
        agency has participated during the year, either as a 
        source agency or recipient agency, determine compliance 
        with applicable laws, regulations, guidelines, and 
        agency agreements, and assess the costs and benefits of 
        such programs;
          (C) shall review all recurring matching programs in 
        which the agency has participated during the year, 
        either as a source agency or recipient agency, for 
        continued justification for such disclosures;
          (D) shall compile an annual report, which shall be 
        submitted to the head of the agency and the Office of 
        Management and Budget and made available to the public 
        on request, describing the matching activities of the 
        agency, including--
                  (i) matching programs in which the agency has 
                participated as a source agency or recipient 
                agency;
                  (ii) matching agreements proposed under 
                subsection (o) that were disapproved by the 
                Board;
                  (iii) any changes in membership or structure 
                of the Board in the preceding year;
                  (iv) the reasons for any waiver of the 
                requirement in paragraph (4) of this section 
                for completion and submission of a cost-benefit 
                analysis prior to the approval of a matching 
                program;
                  (v) any violations of matching agreements 
                that have been alleged or identified and any 
                corrective action taken; and
                  (vi) any other information required by the 
                Director of the Office of Management and Budget 
                to be included in such report;
          (E) shall serve as a clearinghouse for receiving and 
        providing information on the accuracy, completeness, 
        and reliability of records used in matching programs;
          (F) shall provide interpretation and guidance to 
        agency components and personnel on the requirements of 
        this section for matching programs;
          (G) shall review agency recordkeeping and disposal 
        policies and practices for matching programs to assure 
        compliance with this section; and
          (H) may review and report on any agency matching 
        activities that are not matching programs.
  (4)(A) Except as provided in subparagraphs (B) and (C), a 
Data Integrity Board shall not approve any written agreement 
for a matching program unless the agency has completed and 
submitted to such Board a cost-benefit analysis of the proposed 
program and such analysis demonstrates that the program is 
likely to be cost effective.
  (B) The Board may waive the requirements of subparagraph (A) 
of this paragraph if it determines in writing, in accordance 
with guidelines prescribed by the Director of the Office of 
Management and Budget, that a cost-benefit analysis is not 
required.
  (C) A cost-benefit analysis shall not be required under 
subparagraph (A) prior to the initial approval of a written 
agreement for a matching program that is specifically required 
by statute. Any subsequent written agreement for such a program 
shall not be approved by the Data Integrity Board unless the 
agency has submitted a cost-benefit analysis of the program as 
conducted under the preceding approval of such agreement.
  (5)(A) If a matching agreement is disapproved by a Data 
Integrity Board, any party to such agreement may appeal the 
disapproval to the Director of the Office of Management and 
Budget. Timely notice of the filing of such an appeal shall be 
provided by the Director of the Office of Management and Budget 
to the Committee on Governmental Affairs of the Senate and the 
Committee on Government Operations of the House of 
Representatives.
  (B) The Director of the Office of Management and Budget may 
approve a matching agreement notwithstanding the disapproval of 
a Data Integrity Board if the Director determines that--
          (i) the matching program will be consistent with all 
        applicable legal, regulatory, and policy requirements;
          (ii) there is adequate evidence that the matching 
        agreement will be cost-effective; and
          (iii) the matching program is in the public interest.
  (C) The decision of the Director to approve a matching 
agreement shall not take effect until 30 days after it is 
reported to committees described in subparagraph (A).
  (D) If the Data Integrity Board and the Director of the 
Office of Management and Budget disapprove a matching program 
proposed by the inspector general of an agency, the inspector 
general may report the disapproval to the head of the agency 
and to the Congress.
  (6) In the reports required by paragraph (3)(D), agency 
matching activities that are not matching programs may be 
reported on an aggregate basis, if and to the extent necessary 
to protect ongoing law enforcement or counterintelligence 
investigations.
  (v) Office of Management and Budget Responsibilities.--The 
Director of the Office of Management and Budget shall--
          (1) develop and, after notice and opportunity for 
        public comment, prescribe guidelines and regulations 
        for the use of agencies in implementing the provisions 
        of this section; and
          (2) provide continuing assistance to and oversight of 
        the implementation of this section by agencies.
  (w) Applicability to Bureau of Consumer Financial 
Protection.--Except as provided in the Consumer Financial 
Protection Act of 2010, this section shall apply with respect 
to the Bureau of Consumer Financial Protection.

Sec. 552b. Open meetings

  (a) For purposes of this section--
          (1) the term ``agency'' means any agency, as defined 
        in section 552(e) of this title, headed by a collegial 
        body composed of two or more individual members, a 
        majority of whom are appointed to such position by the 
        President with the advice and consent of the Senate, 
        and any subdivision thereof authorized to act on behalf 
        of the agency[;], except that such term also includes 
        the Smithsonian Institution;
          (2) the term ``meeting'' means the deliberations of 
        at least the number of individual agency members 
        required to take action on behalf of the agency where 
        such deliberations determine or result in the joint 
        conduct or disposition of official agency business, but 
        does not include deliberations required or permitted by 
        subsection (d) or (e); and
          (3) the term ``member'' means an individual who 
        belongs to a collegial body heading an agency.
  (b) Members shall not jointly conduct or dispose of agency 
business other than in accordance with this section. Except as 
provided in subsection (c), every portion of every meeting of 
an agency shall be open to public observation.
  (c) Except in a case where the agency finds that the public 
interest requires otherwise, the second sentence of subsection 
(b) shall not apply to any portion of an agency meeting, and 
the requirements of subsections (d) and (e) shall not apply to 
any information pertaining to such meeting otherwise required 
by this section to be disclosed to the public, where the agency 
properly determines that such portion or portions of its 
meeting or the disclosure of such information is likely to--
          (1) disclose matters that are (A) specifically 
        authorized under criteria established by an Executive 
        order to be kept secret in the interests of national 
        defense or foreign policy and (B) in fact properly 
        classified pursuant to such Executive order;
          (2) relate solely to the internal personnel rules and 
        practices of an agency;
          (3) disclose matters specifically exempted from 
        disclosure by statute (other than section 552 of this 
        title), provided that such statute (A) requires that 
        the matters be withheld from the public in such a 
        manner as to leave no discretion on the issue, or (B) 
        establishes particular criteria for withholding or 
        refers to particular types of matters to be withheld;
          (4) disclose trade secrets and commercial or 
        financial information obtained from a person and 
        privileged or confidential;
          (5) involve accusing any person of a crime, or 
        formally censuring any person;
          (6) disclose information of a personal nature where 
        disclosure would constitute a clearly unwarranted 
        invasion of personal privacy;
          (7) disclose investigatory records compiled for law 
        enforcement purposes, or information which if written 
        would be contained in such records, but only to the 
        extent that the production of such records or 
        information would (A) interfere with enforcement 
        proceedings, (B) deprive a person of a right to a fair 
        trial or an impartial adjudication, (C) constitute an 
        unwarranted invasion of personal privacy, (D) disclose 
        the identity of a confidential source and, in the case 
        of a record compiled by a criminal law enforcement 
        authority in the course of a criminal investigation, or 
        by an agency conducting a lawful national security 
        intelligence investigation, confidential information 
        furnished only by the confidential source, (E) disclose 
        investigative techniques and procedures, or (F) 
        endanger the life or physical safety of law enforcement 
        personnel;
          (8) disclose information contained in or related to 
        examination, operating, or condition reports prepared 
        by, on behalf of, or for the use of an agency 
        responsible for the regulation or supervision of 
        financial institutions;
          (9) disclose information the premature disclosure of 
        which would--
                  (A) in the case of an agency which regulates 
                currencies, securities, commodities, or 
                financial institutions, be likely to (i) lead 
                to significant financial speculation in 
                currencies, securities, or commodities, or (ii) 
                significantly endanger the stability of any 
                financial institution; or
                  (B) in the case of any agency, be likely to 
                significantly frustrate implementation of a 
                proposed agency action,
        except that subparagraph (B) shall not apply in any 
        instance where the agency has already disclosed to the 
        public the content or nature of its proposed action, or 
        where the agency is required by law to make such 
        disclosure on its own initiative prior to taking final 
        agency action on such proposal; or
          (10) specifically concern the agency's issuance of a 
        subpena, or the agency's participation in a civil 
        action or proceeding, an action in a foreign court or 
        international tribunal, or an arbitration, or the 
        initiation, conduct, or disposition by the agency of a 
        particular case of formal agency adjudication pursuant 
        to the procedures in section 554 of this title or 
        otherwise involving a determination on the record after 
        opportunity for a hearing.
  (d)(1) Action under subsection (c) shall be taken only when a 
majority of the entire membership of the agency (as defined in 
subsection (a)(1)) votes to take such action. A separate vote 
of the agency members shall be taken with respect to each 
agency meeting a portion or portions of which are proposed to 
be closed to the public pursuant to subsection (c), or with 
respect to any information which is proposed to be withheld 
under subsection (c). A single vote may be taken with respect 
to a series of meetings, a portion or portions of which are 
proposed to be closed to the public, or with respect to any 
information concerning such series of meetings, so long as each 
meeting in such series involves the same particular matters and 
is scheduled to be held no more than thirty days after the 
initial meeting in such series. The vote of each agency member 
participating in such vote shall be recorded and no proxies 
shall be allowed.
  (2) Whenever any person whose interests may be directly 
affected by a portion of a meeting requests that the agency 
close such portion to the public for any of the reasons 
referred to in paragraph (5), (6), or (7) of subsection (c), 
the agency, upon request of any one of its members, shall vote 
by recorded vote whether to close such meeting.
  (3) Within one day of any vote taken pursuant to paragraph 
(1) or (2), the agency shall make publicly available a written 
copy of such vote reflecting the vote of each member on the 
question. If a portion of a meeting is to be closed to the 
public, the agency shall, within one day of the vote taken 
pursuant to paragraph (1) or (2) of this subsection, make 
publicly available a full written explanation of its action 
closing the portion together with a list of all persons 
expected to attend the meeting and their affiliation.
  (4) Any agency, a majority of whose meetings may properly be 
closed to the public pursuant to paragraph (4), (8), (9)(A), or 
(10) of subsection (c), or any combination thereof, may provide 
by regulation for the closing of such meetings or portions 
thereof in the event that a majority of the members of the 
agency votes by recorded vote at the beginning of such meeting, 
or portion thereof, to close the exempt portion or portions of 
the meeting, and a copy of such vote, reflecting the vote of 
each member on the question, is made available to the public. 
The provisions of paragraphs (1), (2), and (3) of this 
subsection and subsection (e) shall not apply to any portion of 
a meeting to which such regulations apply: Provided, That the 
agency shall, except to the extent that such information is 
exempt from disclosure under the provisions of subsection (c), 
provide the public with public announcement of the time, place, 
and subject matter of the meeting and of each portion thereof 
at the earliest practicable time.
  (e)(1) In the case of each meeting, the agency shall make 
public announcement, at least one week before the meeting, of 
the time, place, and subject matter of the meeting, whether it 
is to be open or closed to the public, and the name and phone 
number of the official designated by the agency to respond to 
requests for information about the meeting. Such announcement 
shall be made unless a majority of the members of the agency 
determines by a recorded vote that agency business requires 
that such meeting be called at an earlier date, in which case 
the agency shall make public announcement of the time, place, 
and subject matter of such meeting, and whether open or closed 
to the public, at the earliest practicable time.
  (2) The time or place of a meeting may be changed following 
the public announcement required by paragraph (1) only if the 
agency publicly announces such change at the earliest 
practicable time. The subject matter of a meeting, or the 
determination of the agency to open or close a meeting, or 
portion of a meeting, to the public, may be changed following 
the public announcement required by this subsection only if (A) 
a majority of the entire membership of the agency determines by 
a recorded vote that agency business so requires and that no 
earlier announcement of the change was possible, and (B) the 
agency publicly announces such change and the vote of each 
member upon such change at the earliest practicable time.
  (3) Immediately following each public announcement required 
by this subsection, notice of the time, place, and subject 
matter of a meeting, whether the meeting is open or closed, any 
change in one of the preceding, and the name and phone number 
of the official designated by the agency to respond to requests 
for information about the meeting, shall also be submitted for 
publication in the Federal Register.
  (f)(1) For every meeting closed pursuant to paragraphs (1) 
through (10) of subsection (c), the General Counsel or chief 
legal officer of the agency shall publicly certify that, in his 
or her opinion, the meeting may be closed to the public and 
shall state each relevant exemptive provision. A copy of such 
certification, together with a statement from the presiding 
officer of the meeting setting forth the time and place of the 
meeting, and the persons present, shall be retained by the 
agency. The agency shall maintain a complete transcript or 
electronic recording adequate to record fully the proceedings 
of each meeting, or portion of a meeting, closed to the public, 
except that in the case of a meeting, or portion of a meeting, 
closed to the public pursuant to paragraph (8), (9)(A), or (10) 
of subsection (c), the agency shall maintain either such a 
transcript or recording, or a set of minutes. Such minutes 
shall fully and clearly describe all matters discussed and 
shall provide a full and accurate summary of any actions taken, 
and the reasons therefor, including a description of each of 
the views expressed on any item and the record of any rollcall 
vote (reflecting the vote of each member on the question). All 
documents considered in connection with any action shall be 
identified in such minutes.
  (2) The agency shall make promptly available to the public, 
in a place easily accessible to the public, the transcript, 
electronic recording, or minutes (as required by paragraph (1)) 
of the discussion of any item on the agenda, or of any item of 
the testimony of any witness received at the meeting, except 
for such item or items of such discussion or testimony as the 
agency determines to contain information which may be withheld 
under subsection (c). Copies of such transcript, or minutes, or 
a transcription of such recording disclosing the identity of 
each speaker, shall be furnished to any person at the actual 
cost of duplication or transcription. The agency shall maintain 
a complete verbatim copy of the transcript, a complete copy of 
the minutes, or a complete electronic recording of each 
meeting, or portion of a meeting, closed to the public, for a 
period of at least two years after such meeting, or until one 
year after the conclusion of any agency proceeding with respect 
to which the meeting or portion was held, whichever occurs 
later.
  (g) Each agency subject to the requirements of this section 
shall, within 180 days after the date of enactment of this 
section, following consultation with the Office of the Chairman 
of the Administrative Conference of the United States and 
published notice in the Federal Register of at least thirty 
days and opportunity for written comment by any person, 
promulgate regulations to implement the requirements of 
subsections (b) through (f) of this section. Any person may 
bring a proceeding in the United States District Court for the 
District of Columbia to require an agency to promulgate such 
regulations if such agency has not promulgated such regulations 
within the time period specified herein. Subject to any 
limitations of time provided by law, any person may bring a 
proceeding in the United States Court of Appeals for the 
District of Columbia to set aside agency regulations issued 
pursuant to this subsection that are not in accord with the 
requirements of subsections (b) through (f) of this section and 
to require the promulgation of regulations that are in accord 
with such subsections.
  (h)(1) The district courts of the United States shall have 
jurisdiction to enforce the requirements of subsections (b) 
through (f) of this section by declaratory judgment, injunctive 
relief, or other relief as may be appropriate. Such actions may 
be brought by any person against an agency prior to, or within 
sixty days after, the meeting out of which the violation of 
this section arises, except that if public announcement of such 
meeting is not initially provided by the agency in accordance 
with the requirements of this section, such action may be 
instituted pursuant to this section at any time prior to sixty 
days after any public announcement of such meeting. Such 
actions may be brought in the district court of the United 
States for the district in which the agency meeting is held or 
in which the agency in question has its headquarters, or in the 
District Court for the District of Columbia. In such actions a 
defendant shall serve his answer within thirty days after the 
service of the complaint. The burden is on the defendant to 
sustain his action. In deciding such cases the court may 
examine in camera any portion of the transcript, electronic 
recording, or minutes of a meeting closed to the public, and 
may take such additional evidence as it deems necessary. The 
court, having due regard for orderly administration and the 
public interest, as well as the interests of the parties, may 
grant such equitable relief as it deems appropriate, including 
granting an injunction against future violations of this 
section or ordering the agency to make available to the public 
such portion of the transcript, recording, or minutes of a 
meeting as is not authorized to be withheld under subsection 
(c) of this section.
  (2) Any Federal court otherwise authorized by law to review 
agency action may, at the application of any person properly 
participating in the proceeding pursuant to other applicable 
law, inquire into violations by the agency of the requirements 
of this section and afford such relief as it deems appropriate. 
Nothing in this section authorizes any Federal court having 
jurisdiction solely on the basis of paragraph (1) to set aside, 
enjoin, or invalidate any agency action (other than an action 
to close a meeting or to withhold information under this 
section) taken or discussed at any agency meeting out of which 
the violation of this section arose.
  (i) The court may assess against any party reasonable 
attorney fees and other litigation costs reasonably incurred by 
any other party who substantially prevails in any action 
brought in accordance with the provisions of subsection (g) or 
(h) of this section, except that costs may be assessed against 
the plaintiff only where the court finds that the suit was 
initiated by the plaintiff primarily for frivolous or dilatory 
purposes. In the case of assessment of costs against an agency, 
the costs may be assessed by the court against the United 
States.
  (j) Each agency subject to the requirements of this section 
shall annually report to the Congress regarding the following:
          (1) The changes in the policies and procedures of the 
        agency under this section that have occurred during the 
        preceding 1-year period.
          (2) A tabulation of the number of meetings held, the 
        exemptions applied to close meetings, and the days of 
        public notice provided to close meetings.
          (3) A brief description of litigation or formal 
        complaints concerning the implementation of this 
        section by the agency.
          (4) A brief explanation of any changes in law that 
        have affected the responsibilities of the agency under 
        this section.
  (k) Nothing herein expands or limits the present rights of 
any person under section 552 of this title, except that the 
exemptions set forth in subsection (c) of this section shall 
govern in the case of any request made pursuant to section 552 
to copy or inspect the transcripts, recordings, or minutes 
described in subsection (f) of this section. The requirements 
of chapter 33 of title 44, United States Code, shall not apply 
to the transcripts, recordings, and minutes described in 
subsection (f) of this section.
  (l) This section does not constitute authority to withhold 
any information from Congress, and does not authorize the 
closing of any agency meeting or portion thereof required by 
any other provision of law to be open.
  (m) Nothing in this section authorizes any agency to withhold 
from any individual any record, including transcripts, 
recordings, or minutes required by this section, which is 
otherwise accessible to such individual under section 552a of 
this title.

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