[Congressional Record Volume 162, Number 93 (Monday, June 13, 2016)]
[House]
[Pages H3714-H3719]
FOIA IMPROVEMENT ACT OF 2016
Mr. MEADOWS. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 337) to improve the Freedom of Information Act.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 337
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FOIA Improvement Act of
2016''.
SEC. 2. AMENDMENTS TO FOIA.
Section 552 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``for public inspection and copying'' and inserting ``for
public inspection in an electronic format'';
(ii) by striking subparagraph (D) and inserting the
following:
``(D) copies of all records, regardless of form or format--
``(i) that have been released to any person under paragraph
(3); and
``(ii)(I) that because of the nature of their subject
matter, the agency determines have become or are likely to
become the subject
[[Page H3715]]
of subsequent requests for substantially the same records; or
``(II) that have been requested 3 or more times; and''; and
(iii) in the undesignated matter following subparagraph
(E), by striking ``public inspection and copying current''
and inserting ``public inspection in an electronic format
current'';
(B) in paragraph (4)(A), by striking clause (viii) and
inserting the following:
``(viii)(I) Except as provided in subclause (II), an agency
shall not assess any search fees (or in the case of a
requester described under clause (ii)(II) of this
subparagraph, duplication fees) under this subparagraph if
the agency has failed to comply with any time limit under
paragraph (6).
``(II)(aa) If an agency has determined that unusual
circumstances apply (as the term is defined in paragraph
(6)(B)) and the agency provided a timely written notice to
the requester in accordance with paragraph (6)(B), a failure
described in subclause (I) is excused for an additional 10
days. If the agency fails to comply with the extended time
limit, the agency may not assess any search fees (or in the
case of a requester described under clause (ii)(II) of this
subparagraph, duplication fees).
``(bb) If an agency has determined that unusual
circumstances apply and more than 5,000 pages are necessary
to respond to the request, an agency may charge search fees
(or in the case of a requester described under clause
(ii)(II) of this subparagraph, duplication fees) if the
agency has provided a timely written notice to the requester
in accordance with paragraph (6)(B) and the agency has
discussed with the requester via written mail, electronic
mail, or telephone (or made not less than 3 good-faith
attempts to do so) how the requester could effectively limit
the scope of the request in accordance with paragraph
(6)(B)(ii).
``(cc) If a court has determined that exceptional
circumstances exist (as that term is defined in paragraph
(6)(C)), a failure described in subclause (I) shall be
excused for the length of time provided by the court
order.'';
(C) in paragraph (6)--
(i) in subparagraph (A)(i), by striking ``making such
request'' and all that follows through ``determination; and''
and inserting the following: ``making such request of--
``(I) such determination and the reasons therefor;
``(II) the right of such person to seek assistance from the
FOIA Public Liaison of the agency; and
``(III) in the case of an adverse determination--
``(aa) the right of such person to appeal to the head of
the agency, within a period determined by the head of the
agency that is not less than 90 days after the date of such
adverse determination; and
``(bb) the right of such person to seek dispute resolution
services from the FOIA Public Liaison of the agency or the
Office of Government Information Services; and''; and
(ii) in subparagraph (B)(ii), by striking ``the agency.''
and inserting ``the agency, and notify the requester of the
right of the requester to seek dispute resolution services
from the Office of Government Information Services.''; and
(D) by adding at the end the following:
``(8)(A) An agency shall--
``(i) withhold information under this section only if--
``(I) the agency reasonably foresees that disclosure would
harm an interest protected by an exemption described in
subsection (b); or
``(II) disclosure is prohibited by law; and
``(ii)(I) consider whether partial disclosure of
information is possible whenever the agency determines that a
full disclosure of a requested record is not possible; and
``(II) take reasonable steps necessary to segregate and
release nonexempt information; and
``(B) Nothing in this paragraph requires disclosure of
information that is otherwise prohibited from disclosure by
law, or otherwise exempted from disclosure under subsection
(b)(3).'';
(2) in subsection (b), by amending paragraph (5) to read as
follows:
``(5) inter-agency or intra-agency memorandums or letters
that would not be available by law to a party other than an
agency in litigation with the agency, provided that the
deliberative process privilege shall not apply to records
created 25 years or more before the date on which the records
were requested;''; and
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``and to the Director of the Office of Government Information
Services'' after ``United States'';
(ii) in subparagraph (N), by striking ``and'' at the end;
(iii) in subparagraph (O), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(P) the number of times the agency denied a request for
records under subsection (c); and
``(Q) the number of records that were made available for
public inspection in an electronic format under subsection
(a)(2).'';
(B) by striking paragraph (3) and inserting the following:
``(3) Each agency shall make each such report available for
public inspection in an electronic format. In addition, each
agency shall make the raw statistical data used in each
report available in a timely manner for public inspection in
an electronic format, which shall be made available--
``(A) without charge, license, or registration requirement;
``(B) in an aggregated, searchable format; and
``(C) in a format that may be downloaded in bulk.'';
(C) in paragraph (4)--
(i) by striking ``Government Reform and Oversight'' and
inserting ``Oversight and Government Reform'';
(ii) by inserting ``Homeland Security and'' before
``Governmental Affairs''; and
(iii) by striking ``April'' and inserting ``March''; and
(D) by striking paragraph (6) and inserting the following:
``(6)(A) The Attorney General of the United States shall
submit to the Committee on Oversight and Government Reform of
the House of Representatives, the Committee on the Judiciary
of the Senate, and the President a report on or before March
1 of each calendar year, which shall include for the prior
calendar year--
``(i) a listing of the number of cases arising under this
section;
``(ii) a listing of--
``(I) each subsection, and any exemption, if applicable,
involved in each case arising under this section;
``(II) the disposition of each case arising under this
section; and
``(III) the cost, fees, and penalties assessed under
subparagraphs (E), (F), and (G) of subsection (a)(4); and
``(iii) a description of the efforts undertaken by the
Department of Justice to encourage agency compliance with
this section.
``(B) The Attorney General of the United States shall
make--
``(i) each report submitted under subparagraph (A)
available for public inspection in an electronic format; and
``(ii) the raw statistical data used in each report
submitted under subparagraph (A) available for public
inspection in an electronic format, which shall be made
available--
``(I) without charge, license, or registration requirement;
``(II) in an aggregated, searchable format; and
``(III) in a format that may be downloaded in bulk.'';
(4) in subsection (g), in the matter preceding paragraph
(1), by striking ``publicly available upon request'' and
inserting ``available for public inspection in an electronic
format'';
(5) in subsection (h)--
(A) in paragraph (1), by adding at the end the following:
``The head of the Office shall be the Director of the Office
of Government Information Services.'';
(B) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) identify procedures and methods for improving
compliance under this section.'';
(C) by striking paragraph (3) and inserting the following:
``(3) The Office of Government Information Services shall
offer mediation services to resolve disputes between persons
making requests under this section and administrative
agencies as a nonexclusive alternative to litigation and may
issue advisory opinions at the discretion of the Office or
upon request of any party to a dispute.''; and
(D) by adding at the end the following:
``(4)(A) Not less frequently than annually, the Director of
the Office of Government Information Services shall submit to
the Committee on Oversight and Government Reform 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.
[[Page H3716]]
``(6) Not less frequently than annually, the Office of
Government Information Services shall conduct a meeting that
is open to the public on the review and reports by the Office
and shall allow interested persons to appear and present oral
or written statements at the meeting.'';
(6) by striking subsections (j) and (k), and inserting the
following:
``(j)(1) Each agency shall designate a Chief FOIA Officer
who shall be a senior official of such agency (at the
Assistant Secretary or equivalent level).
``(2) The Chief FOIA Officer of each agency shall, subject
to the authority of the head of the agency--
``(A) have agency-wide responsibility for efficient and
appropriate compliance with this section;
``(B) monitor implementation of this section throughout the
agency and keep the head of the agency, the chief legal
officer of the agency, and the Attorney General appropriately
informed of the agency's performance in implementing this
section;
``(C) recommend to the head of the agency such adjustments
to agency practices, policies, personnel, and funding as may
be necessary to improve its implementation of this section;
``(D) review and report to the Attorney General, through
the head of the agency, at such times and in such formats as
the Attorney General may direct, on the agency's performance
in implementing this section;
``(E) facilitate public understanding of the purposes of
the statutory exemptions of this section by including concise
descriptions of the exemptions in both the agency's handbook
issued under subsection (g), and the agency's annual report
on this section, and by providing an overview, where
appropriate, of certain general categories of agency records
to which those exemptions apply;
``(F) offer training to agency staff regarding their
responsibilities under this section;
``(G) serve as the primary agency liaison with the Office
of Government Information Services and the Office of
Information Policy; and
``(H) designate 1 or more FOIA Public Liaisons.
``(3) The Chief FOIA Officer of each agency shall review,
not less frequently than annually, all aspects of the
administration of this section by the agency to ensure
compliance with the requirements of this section, including--
``(A) agency regulations;
``(B) disclosure of records required under paragraphs (2)
and (8) of subsection (a);
``(C) assessment of fees and determination of eligibility
for fee waivers;
``(D) the timely processing of requests for information
under this section;
``(E) the use of exemptions under subsection (b); and
``(F) dispute resolution services with the assistance of
the Office of Government Information Services or the FOIA
Public Liaison.
``(k)(1) There is established in the executive branch the
Chief FOIA Officers Council (referred to in this subsection
as the `Council').
``(2) The Council shall be comprised of the following
members:
``(A) The Deputy Director for Management of the Office of
Management and Budget.
``(B) The Director of the Office of Information Policy at
the Department of Justice.
``(C) The Director of the Office of Government Information
Services.
``(D) The Chief FOIA Officer of each agency.
``(E) Any other officer or employee of the United States as
designated by the Co-Chairs.
``(3) The Director of the Office of Information Policy at
the Department of Justice and the Director of the Office of
Government Information Services shall be the Co-Chairs of the
Council.
``(4) The Administrator of General Services shall provide
administrative and other support for the Council.
``(5)(A) The duties of the Council shall include the
following:
``(i) Develop recommendations for increasing compliance and
efficiency under this section.
``(ii) Disseminate information about agency experiences,
ideas, best practices, and innovative approaches related to
this section.
``(iii) Identify, develop, and coordinate initiatives to
increase transparency and compliance with this section.
``(iv) Promote the development and use of common
performance measures for agency compliance with this section.
``(B) In performing the duties described in subparagraph
(A), the Council shall consult on a regular basis with
members of the public who make requests under this section.
``(6)(A) The Council shall meet regularly and such meetings
shall be open to the public unless the Council determines to
close the meeting for reasons of national security or to
discuss information exempt under subsection (b).
``(B) Not less frequently than annually, the Council shall
hold a meeting that shall be open to the public and permit
interested persons to appear and present oral and written
statements to the Council.
``(C) Not later than 10 business days before a meeting of
the Council, notice of such meeting shall be published in the
Federal Register.
``(D) Except as provided in subsection (b), the records,
reports, transcripts, minutes, appendices, working papers,
drafts, studies, agenda, or other documents that were made
available to or prepared for or by the Council shall be made
publicly available.
``(E) Detailed minutes of each meeting of the Council shall
be kept and shall contain a record of the persons present, a
complete and accurate description of matters discussed and
conclusions reached, and copies of all reports received,
issued, or approved by the Council. The minutes shall be
redacted as necessary and made publicly available.''; and
(7) by adding at the end the following:
``(m)(1) The Director of the Office of Management and
Budget, in consultation with the Attorney General, shall
ensure the operation of a consolidated online request portal
that allows a member of the public to submit a request for
records under subsection (a) to any agency from a single
website. The portal may include any additional tools the
Director of the Office of Management and Budget finds will
improve the implementation of this section.
``(2) This subsection shall not be construed to alter the
power of any other agency to create or maintain an
independent online portal for the submission of a request for
records under this section. The Director of the Office of
Management and Budget shall establish standards for
interoperability between the portal required under paragraph
(1) and other request processing software used by agencies
subject to this section.''.
SEC. 3. REVIEW AND ISSUANCE OF REGULATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the head of each agency (as defined in
section 551 of title 5, United States Code) shall review the
regulations of such agency and shall issue regulations on
procedures for the disclosure of records under section 552 of
title 5, United States Code, in accordance with the
amendments made by section 2.
(b) Requirements.--The regulations of each agency shall
include procedures for engaging in dispute resolution through
the FOIA Public Liaison and the Office of Government
Information Services.
SEC. 4. PROACTIVE DISCLOSURE THROUGH RECORDS MANAGEMENT.
Section 3102 of title 44, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); and
(2) by inserting after paragraph (1) the following:
``(2) procedures for identifying records of general
interest or use to the public that are appropriate for public
disclosure, and for posting such records in a publicly
accessible electronic format;''.
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the
requirements of this Act or the amendments made by this Act.
The requirements of this Act and the amendments made by this
Act shall be carried out using amounts otherwise authorized
or appropriated.
SEC. 6. APPLICABILITY.
This Act, and the amendments made by this Act, shall take
effect on the date of enactment of this Act and shall apply
to any request for records under section 552 of title 5,
United States Code, made after the date of enactment of this
Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Meadows) and the gentlewoman from New York (Mrs.
Carolyn B. Maloney) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.
General Leave
Mr. MEADOWS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of S. 337, the FOIA Improvement
Act of 2016. We stand here today 3 weeks shy of the FOIA's 50th
anniversary to strengthen the law that established the public's right
to know.
Enacted in 1966, FOIA was the product of more than a decade of work
on government secrecy by a predecessor committee to the current
Oversight and Government Reform Committee. At the time, FOIA was only
the third public information law in the world. It was by far the most
far-reaching. FOIA established a right to information, which is
commonly known as the public's right to know.
S. 337 reaffirms the public's right to know and puts in place several
reforms to stop agencies from slowly eroding the effectiveness of using
FOIA to exercise that right.
This bill is a bipartisan effort to improve the public's access to
information and transparency in the Federal Government.
I would like to thank Senators Cornyn, Grassley, and Leahy for their
[[Page H3717]]
hard work that they put into writing and passing this bill. I would
also like to thank Representative Darrell Issa and Ranking Member
Elijah Cummings for their work on the House bill, H.R. 653, which
passed in January.
Through all of our combined efforts, I believe that this is the best
bill we can send to the President's desk. I have no doubt that the
reforms contained in this bill will significantly improve the American
public's ability to exercise their right to access information.
The most important reform is the presumption of openness. Now, while
some--but far from all--Federal agencies have made an effort to comply
with the letter of the law, very few have complied with the spirit of
the law. The presumption of openness puts that spirit into the letter
of the law. Before claiming an exemption, agencies must first determine
whether they could reasonably foresee an actual harm.
FOIA includes exemptions because publicly releasing information can
sometimes cause more harm than good. But from the beginning, agencies
have taken advantage of these exemptions to withhold any information
that might technically fit. Under the presumption of openness, agencies
may no longer withhold information that is embarrassing or could
possibly paint the agency in a negative light simply because an
exemption may technically apply. This will go a long way toward getting
rid of the withhold-it-because-you-want-to exemption.
S. 337 establishes reforms that will bring attention, leadership, and
commitment to improvement to all Federal agencies.
The Department of Homeland Security is a great example of how
attention, leadership, and a commitment to improvement can be more
valuable, at times, than additional dollars. From 2009 to 2015,
requests sent to DHS nearly tripled. DHS requests accounted for about
40 percent of all the requests governmentwide. As the requests
increased, so did the backlog. And in 2014, that backlog at DHS
exceeded more than 100,000 requests. However, the agency made a
commitment to improve its efficiency and reduce its backlog.
In 2015, that backlog was down by two-thirds, to about 35,000. Costs
overall went up, but that is expected when requests nearly triple in
just 6 years. What is not expected is that the cost per request was cut
by 58 percent. In 2009, DHS averaged $255 per request processed, and in
2015, the costs had dropped to $148 per request processed.
S. 337 establishes reforms that will ensure all agencies have the
attention and the leadership necessary to improve the FOIA process. The
bill establishes a Chief FOIA Officers Council, which is directed to
develop initiatives to increase transparency and compliance with FOIA
and make recommendations for increased efficiencies and share best
practices.
The bill establishes greater independence of the Office of Government
Information Services, which will allow OGIS to give unbiased,
unfiltered testimony and recommendations.
S. 337 creates an incentive for agencies to comply with the law by
preventing agencies from collecting fees for any request for up to
5,000 pages if that request is not completed within the statutory time
limits.
Out-of-date regulations have been repeatedly used as an excuse to
withhold information, delay requests, or otherwise to obstruct the
process. S. 337 gets rid of this excuse by requiring agencies to update
their regulations so that they are operating under the current law.
S. 337 also simplifies the process of submitting requests by
establishing an online central portal that will allow a member of the
public to submit a request to an agency at a single Web site rather
than forcing the public to navigate each agency's different process and
Web site.
These reforms and others packaged in the FOIA Improvement Act will go
a long way to improving transparency and bringing agency leadership
attention to improving the public's ability to exercise their right to
know.
Mr. Speaker, I urge all of my colleagues to join me in supporting
this giant step forward to improve FOIA and the public's access to
information.
Mr. Speaker, I reserve the balance of my time.
{time} 1700
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, I rise in strong support of the FOIA Improvement Act of
2016, also known as the public's right to know or Transparency in
Government Act.
It is fitting that we pass this bill to strengthen the Freedom of
Information Act just a few weeks before the 50th anniversary of this
important law. The National Archives and Records Administration
currently has on display the original Freedom of Information Act in
celebration of the anniversary on July 4. It is inspiring to think that
50 years have passed and that document is still the most important tool
that the public has to access information about their government.
When FOIA was passed in 1966, it was only the third freedom of
information law in the entire world, and it was by far the most
powerful. Now countries all over the world have transparency laws that
are modeled on our Nation's FOIA law. We are here today in the ongoing
quest to improve FOIA and to keep it current with changes in
technology.
I want to thank Congressmen Issa and Cummings for introducing the
House version of the bill and Senators Leahy and Cornyn for taking the
lead in the Senate.
This bill is the result of many voices providing feedback and helpful
critiques. That is the way a good law is made. Advocacy groups such as
OpenTheGovernment.org and the Sunshine in Government Initiative have
been critical to the success of this legislation.
The FOIA Improvement Act is a bicameral, bipartisan bill. With its
passage today, it will now go on to the President for his signature.
The bill would codify the presumption of openness standard that
President Obama put in place on his first day in office. Under this
standard, agencies will be required to err on the side of transparency
when responding to requests.
The bill would also put a 25-year sunset on exemption 5 of FOIA, the
deliberative process exemption. It would modernize FOIA by requiring
the Office of Management and Budget to create a central FOIA Web site
for requesters to submit their request, making it more efficient and
accessible to the public.
This bill would strengthen the independence and the role of the
Office of Government Information Services. OGIS has served a critical
role since it was formed in response to the last FOIA reform Congress
adopted in 2007.
I would like to take a moment to thank the hardworking Federal
employees who serve as FOIA officers. They are dedicated professionals
who care about making FOIA work.
It is critical that Congress provide the funds necessary for agencies
to have strong FOIA programs with experienced and trained FOIA
professionals. It is not reasonable for us to ask agencies to do more
if we do not give them the resources to do it.
The FOIA Improvement Act would require each agency to designate a
chief FOIA officer. The chief FOIA officer would have responsibility
for ensuring that FOIA is implemented efficiently and appropriately in
the agency. I hope this addition to FOIA will help elevate the
importance of FOIA in agencies that have not always given it the
attention it deserves.
Thank you to the many FOIA professionals who have provided feedback
on the bill over the past 3 years. Thank you also to the FOIA
requesters who provided feedback, requesters such as Nate Jones from
the National Security Archive and David McCraw from The New York Times.
They all provided useful suggestions for reform.
I understand that some proposals did not make it into the final bill,
but they did shape the debate and will help us as we look forward to
future reforms.
A Los Angeles Times editorial said: ``worthy of not only Obama's
signature, but also his vocal support.''
A New York Times editorial said: ``This is a rare chance to log a
significant bipartisan accomplishment in the public interest.''
Enactment of this legislation will be an important step forward for
transparency.
I reserve the balance of my time.
Mr. MEADOWS. Mr. Speaker, I would like to thank the gentlewoman from
[[Page H3718]]
New York (Mrs. Carolyn B. Maloney) for her support on this bill.
I yield 6 minutes to the gentleman from California (Mr. Issa), who
has spent a considerable amount of time not only on the House version,
but really helping shape the debate on making sure that the public
interests of America is protected.
Mr. ISSA. Mr. Speaker, this has been a long time coming, and there is
a lot of thanks to go around. Certainly for Senator Cornyn and Senator
Leahy, this is going to be a proud week with the passage of this bill
in the House and, ultimately, it going to the President.
I don't believe this would have been possible without the partnership
that Elijah Cummings and I formed some years ago. The House has led in
not just one, but in two Congresses, sending to the Senate very tough
language dramatically improving what we see as the flaws in FOIA that
have developed.
Congresswoman Maloney, very rightfully so, said there are a lot of
things that the interest groups and Congressman Cummings and myself
and, perhaps, everyone else who will vote on it here today would like
to have seen. I don't want to belabor the point, but when this bill
becomes law and is signed by the President, there will be enough left
for a new bill to start again.
Having said that, we celebrate today the fact that we have made some
milestones. Codifying in law the presumption of openness and, once and
for all, ending the deliberative process' unlimited length and reducing
it to 25 years long, long after a President has left office, is a good
start.
I want to note that, in the original House bill--one area that I was
particularly pleased that Mr. Cummings and I were able to come to an
agreement on--if an agency unreasonably delays, there should be a
result. If someone has to sue, whether it is The New York Times or an
interest group, and, ultimately, the government is unreasonable and is
withholding, reasonable fees should be recovered. That isn't in the
bill. I hope that it will be in future legislation.
The fact is that this bill includes some very important points, not
the least of which will be making more public and accessible the
repeated request for various parts of FOIA, and, of course, reducing
the delays and the time lag.
Having said that, through the establishment of a board and the
recognition that only through diligence and closing the quality circle
that occurs can we come back to this body and say more needs to be done
and name it.
But today is a day for celebration. I want to thank Mr. Cummings one
more time, Chairman Chaffetz, the Members of the House and the Senate,
urge the passage of the bill, and recognize that this is, in fact, a
50-year-old law. It has stood the test of time. It has proven to be an
asset for the American people and for their right to know. We will
build on this.
Lastly, and Congresswoman Maloney named it, there were countless
outside transparency groups that spanned from the farthest left of our
country's politics to the farthest right of our politics, all of whom
wanted more open access to their government. Today, we are achieving
it. We still will have a government that knows far more about us than
we know about our government; but today, we are opening the possibility
that, in a timely fashion, more often more people who have a vested
interest in knowing something that the government has done or is doing
will have the ability to get that information.
I thank Congressman Meadows for making this bill possible today. His
leadership has been critical, and his friendship has been critical all
along the way.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield 5 minutes
to the gentleman from Maryland (Mr. Cummings), who has led many of the
discussions in this body on criminal justice reform and reform in so
many ways, including this bill that he helped author with former
Chairman Issa.
Mr. CUMMINGS. Mr. Speaker, I thank the gentlewoman for yielding.
I want to thank Mr. Meadows and Mr. Chaffetz and, certainly, Speaker
Ryan for getting this bill to the floor.
I associate myself completely with the words of the former chairman
of our Oversight and Government Reform Committee, Mr. Issa. I don't
think there has been anyone who has worked harder on getting this bill
to the floor than Mr. Issa. Without a doubt, his fingerprints are all
over it. I really do, from the depths of my heart, thank him for all
that he has done to make this happen.
The FOIA Improvement Act is a product of a 3-year journey--that is a
long time--that began when Representative Issa and I first introduced
the basis for the bill in 2013. Mr. Issa worked with me on the House
version of this bill, and Senators Leahy and Cornyn took the lead in
the Senate.
Again, I want to thank the chairman of the Oversight and Government
Reform Committee, Jason Chaffetz, for his work on FOIA reform and for
his support bringing the bill to the floor. He has proposed some
additional initiatives that did not make it into this version of the
bill but that deserve continued attention.
Even in our negotiations, I give it to Chairman Chaffetz. You know, a
lot of times when you are trying to work things out and get things done
between the House and the Senate, there has to be some compromise.
There are a lot of good things that he wanted in the bill that I
strongly supported, but we were not able to get them in.
For example, one of his provisions would have required every agency
to accept FOIA requests by email. This is a simple improvement that
every agency should adopt, and I look forward to working with Chairman
Chaffetz in the years ahead on such commonsense reforms.
I would like to recognize a few of the staff for both Representatives
Issa and Chaffetz who deserve recognition, strong recognition, for the
work they put into this legislation over the last few years: Tegan
Gelfand, Ali Ahmad, and Katy Rother. I want to thank them for all of
the work that they have done in making this happen.
In addition, advocacy groups, as Mr. Issa mentioned, such as
OpenTheGovernment.org and Sunshine in Government Initiative, as well as
experts such as Anne Weismann at Campaign for Accountability, have been
critical to the success of this legislation.
Finally, I would like to take time to thank our Speaker. His office
has been extremely helpful, and he also deserves credit for bringing
this bill to the floor today. It simply would not have been possible
without his leadership.
The FOIA Improvement Act is a truly bicameral, bipartisan bill. With
its passage today, it will now go on to the President for his
signature. It builds on the work of the Obama administration, which has
done more to advance transparency than any administration in history.
{time} 1715
The bill would codify the presumption of openness standard that
President Obama put in place on his first day in office.
The bill would also put a 25-year sunset on exemption No. 5 of FOIA--
the deliberative process exemption.
It would modernize FOIA by requiring the Office of Management and
Budget to create a central portal to allow FOIA requests to any agency
through a single Web site.
The Office of Government Information Services, which is the FOIA
ombudsman that was created by Congress in 2007, would become more
independent under this bill and would be allowed to submit testimony
and reports directly to Congress without going through political
review.
Finally, FOIA officers could share best practices through a Chief
FOIA Officers Council that would be established under the bill.
These are just some of the examples of the many improvements to FOIA
that are contained in this legislation. The FOIA Improvement Act is a
big step forward in transparency, and I urge my colleagues to support
this legislation and ``fix FOIA by 50.''
Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
I thank the gentleman from Maryland (Mr. Cummings) for his
insightful, well-thought-out words on behalf of this bill. Indeed, Mr.
Issa and Mr. Cummings have been a moving force and, really, one of the
primary forces as to why we are here today; so I just want to
acknowledge that.
[[Page H3719]]
I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself the
balance of my time.
I join my voice with Ranking Member Cummings' in being associated
with the words from my friend and colleague from the great State of
North Carolina in support of this important legislation and to also
compliment not only Elijah Cummings for his leadership, but former
Chairman Issa for making this a priority and for helping to move it to
the floor and make it happen.
This is a good, bipartisan bill. It was worked on diligently by both
sides in both the House and the Senate. It is an important step forward
for transparency. It is a strengthened bill. It deserves the support of
everyone on both sides of the aisle, and I urge my colleagues to
support it.
Mr. Speaker, I yield back the balance of my time.
Mr. MEADOWS. Mr. Speaker, I yield myself such time as I may consume.
I acknowledge the, really, unbelievable work of the staff. Many
times, as you well know, Mr. Speaker, we will get up and work very
hard, but it is the countless hours on behalf of our staff that really
allows us to move legislation forward; so I wouldn't want this day to
go by without acknowledging their support and work.
Also, I acknowledge the leadership of Chairman Chaffetz in his being
able to not only navigate this bill before and, hopefully, to the
President's desk for signing, but certainly in his leadership on
transparency and in making sure that the government of the people is
accountable to the people.
I urge the adoption of this bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Rigell). The question is on the motion
offered by the gentleman from North Carolina (Mr. Meadows) that the
House suspend the rules and pass the bill, S. 337.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
