[Congressional Record Volume 162, Number 41 (Tuesday, March 15, 2016)]
[Senate]
[Pages S1494-S1496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOIA IMPROVEMENT ACT OF 2015
Mr. GRASSLEY. Mr. President, last week, when the Senate passed the
Comprehensive Addiction and Recovery Act, I spoke on this floor about
the good work that is getting done in the Senate since Republicans took
over. Time and again, we have seen both sides of the aisle come
together to find practical solutions to real problems facing the
American people.
That is the way the Senate is supposed to work, and we need to keep
that momentum as we move forward to tackle other critical issues.
As chairman of the Judiciary Committee, I continue to be proud of the
role we have played in getting work done in a bipartisan manner.
Today, on the floor of the Senate, we are doing that once again. We
are passing another Judiciary Committee bill that carries strong,
bipartisan support. We are passing another Judiciary Committee bill
that solves real issues and is supported by folks on all ends of the
political spectrum.
Don't get me wrong. Finding agreement on both sides of the aisle is
no easy task. Even the most well-intentioned efforts can get bogged in
the details.
But the fact that we are here today is a testament to good-faith
negotiations and a commitment to make government work for the American
people. And it is another indication of what this institution can be
and what it was meant to be.
The FOIA Improvement Act makes much-needed improvements to the
Freedom of Information Act, and its passage marks a critically
important step in the right direction toward fulfilling FOIA's promise
of open government.
I am proud to be an original co-sponsor of the FOIA Improvement Act,
and I want to thank Senator Cornyn and the ranking member of the
Judiciary Committee, Senator Leahy, for their tireless, bipartisan work
to advance this bill through the Senate.
I am especially proud that the bill's passage occurs during this
year's Sunshine Week, an annual nationwide initiative highlighting the
importance of openness and transparency in government.
Every year, Sunshine Week falls around the birthday of James Madison,
the father of our Constitution. This isn't by mistake.
Madison's focus on ensuring that government answers to the people is
embodied in the spirit of FOIA, so passing the FOIA Improvement Act
this week is a fitting tribute to his commitment to accountable
government and the protection of individual liberty. And it is an
opportunity for us all to recommit ourselves to these same higher
principles.
This year marks the 50th anniversary of FOIA's enactment. For over
five decades, FOIA has worked to help folks stay in the know about what
their government is up to. The Supreme Court said it best when it
declared: ``The basic purpose of FOIA is to ensure an informed
citizenry, vital to the functioning of a democratic society, needed to
check against corruption and to hold the governors accountable to the
governed.''
To put it simply, FOIA was created to ensure government transparency,
and transparency yields accountability.
After all, a government that operates in the dark, without fear of
exposure or scrutiny, is one that enables misdeeds by those who govern
and fosters distrust among the governed. By peeling back the curtains
and allowing the sunlight to shine in, however, FOIA helps fight back
against waste, fraud, and abuse of the taxpayer's dollar.
No doubt, FOIA has successfully brought to light numerous stories of
government's shortcomings. Through FOIA, folks have learned about
public health and safety concerns, mistreatment of our Nation's
veterans, and countless other matters that without FOIA would not have
come to light.
But despite its successes, a continued culture of government secrecy
has served to undermine FOIA's fundamental promise.
For example, we have seen dramatic increases in the number of
backlogged FOIA requests. Folks are waiting longer than ever to get a
response from agencies. Sometimes, they simply hear nothing back at
all. And we have seen a record-setting number of FOIA lawsuits filed to
challenge an agency's refusal to disclose information.
More and more, agencies are simply finding ways to avoid their duties
under FOIA altogether. They are failing to proactively disclose
information, and they are abusing exemptions to withhold information
that should be released to the public.
Problems with FOIA have persisted under both Republican and Democrat
administrations, but under President Obama, things have only worsened,
and his commitment to a ``new era of openness'' has proven illusory at
best.
In January, the Des Moines Register published a scathing editorial,
outlining the breakdowns in the FOIA system and calling on Congress to
tackle the issue head-on.
The editorial described: ``In the Obama administration, federal
agencies that supposedly work for the people have repeatedly shown
themselves to be flat-out unwilling to comply with the most basic
requirements of the Freedom of Information Act.''
It continued: ``At some federal agencies, FOIA requests are simply
ignored, despite statutory deadlines for responses. Requesters are
often forced to wait months or years for a response, only to be denied
access and be told they have just 14 days to file an appeal.''
According to the editorial: ``Other administrations have engaged in
these same practices, but Obama's penchant for secrecy is almost
unparalleled in recent history.''
These are serious allegations, and no doubt, there are serious
problems needing fixed.
So reforms are necessary to address the breakdowns in the FOIA
system, to tackle an immense and growing backlog of requests, to
modernize the way folks engage in the FOIA process, and to ultimately
help change the culture in government toward openness and transparency.
What we have accomplished with this bill--in a bipartisan manner--is
a strong step in the right direction.
First, the bill makes much-needed improvements to one of the most
overused FOIA exemptions. It places a 25-year sunset on the
government's ability to withhold certain documents that demonstrate how
the government reaches decisions. Currently, many of these documents
can be withheld from the public forever, but this bill helps bring them
into the sunlight, providing an important and historical perspective on
how our government works.
Second, the bill increases proactive disclosure of information. It
requires agencies to make publicly available any documents that have
been requested and released three or more times under FOIA. This will
go a long way toward easing the backlog of requests.
Third, the bill gives more independence to the Office of Government
Information Services. OGIS, as it is known, acts as the public's FOIA
ombudsman and helps Congress better understand where breakdowns in the
FOIA system are occurring. OGIS serves as a key resource for the public
and Congress, and this bill strengthens OGIS's ability to carry out its
vital role.
Fourth, through improved technology, the bill makes it easier for
folks to submit FOIA requests to the government. It requires the
development of a single, consolidated online portal through which folks
can file a request. But let me be clear: it is not a one-size-fits-all
approach. Agencies will still be able to rely on request-processing
systems they have already built into their operations.
[[Page S1495]]
Most importantly, the bill codifies a presumption of openness for
agencies to follow when they respond to FOIA requests. Instead of knee-
jerk secrecy, the presumption of openness tells agencies to make
openness and transparency their default setting.
These are all timely and important reforms to the FOIA process, and
they will help ensure a more informed citizenry and a more accountable
government.
So I am pleased to see this bill move through the Senate. President
Obama has an opportunity to join with Congress in securing some of the
most substantive and necessary improvements to FOIA since its
enactment.
On July 4 of this year, FOIA turns 50. Let's continue this strong,
bipartisan effort to send a bill to the President's desk before then.
Let's work together to help fulfill FOIA's promise.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I thank the senior Senator from Iowa for
his remarks. As he knows, I have worked for years on improving FOIA
along with my friend, the senior Senator from Texas. We are celebrating
Sunshine Week, a time to pay tribute to one of our Nation's most basic
values--the public's right to know. Our very democracy is built on the
idea that our government should not operate in secret. James Madison, a
staunch defender of open government and whose birthday we celebrate
each year during Sunshine Week, wisely noted that for our democracy to
succeed, people ``must arm themselves with the power knowledge gives.''
It is only through transparency and access to information that the
American people can arm themselves with the information they need to
hold our government accountable.
We are also celebrating the 50th anniversary of the enactment of the
Freedom of Information Act, FOIA, our Nation's premier transparency
law. I was actually at the National Archives yesterday, and I looked at
the actual bill signed into law in 1966 by then-President Johnson, Vice
President Hubert Humphrey, and Speaker John McCormack, all who were
here long before I was. I was thinking that, 50 years ago, the Freedom
of Information Act became the foundation on which all our sunshine and
transparency policies rest, so I can think of no better way to
celebrate both Sunshine Week and the 50th Anniversary of FOIA than by
passing the FOIA Improvement Act.
This bipartisan bill, which I coauthored with Senator Cornyn,
codifies the principle that President Obama laid out in his 2009
executive order. He asked all Federal agencies to adopt a ``presumption
of openness'' when considering the release of government information
under FOIA. That follows the spirit of FOIA put into place by President
Clinton, repealed by President Bush, and reinstated as one of President
Obama's first acts in office, but I think all of us felt we should put
the force of law behind the presumption of openness so that the next
President, whomever he or she might be, cannot change that without
going back to Congress. Congress must establish a transparency standard
that will remain for future administrations to follow--and that is what
our bill does. We should not leave it to the next President to decide
how open the government should be. We have to hold all Presidents and
their administrations accountable to the highest standard. I do not
think my friend, the senior Senator from Texas, will object if I
mention that in our discussions we have both said words to the effect
that we need FOIA, whether it is a Democratic or Republican
administration. I do not care who controls the administration. When
they do things they think are great, they will release a sheath of
press releases about them. However, it is FOIA that lets us know when
they are not doing things so well. The government works better if every
administration is held to the same standard.
The FOIA Improvement Act also provides the Office of Government
Information Services, OGIS, with additional independence and authority
to carry out its work. The Office of Government and Information
Services, created by the Leahy-Cornyn OPEN Government Act in 2007,
serves as the FOIA ombudsman to the public and helps mediate disputes
between FOIA requesters and agencies. Our bill will provide OGIS with
new tools to help carry out its mission and ensure that OGIS can
communicate freely with Congress so we can better evaluate and improve
FOIA going forward. The FOIA Improvement Act will also make FOIA easier
to use by establishing an online portal through which the American
people can submit FOIA requests, and it will ensure more information is
available to the public by requiring that frequently requested records
be made available online.
Last Congress, the FOIA Improvement Act, which Senator Cornyn and I
wrote, passed the Senate unanimously. The House failed to take it up.
So as the new Congress came in, to show we are bipartisan with a change
from Democratic leadership to Republican leadership, Senator Cornyn and
I moved quickly to reintroduce our legislation in the new Congress. The
Senate Judiciary Committee unanimously approved our bill in February
2015. Sometimes it is hard for the Senate Judiciary Committee to
unanimously agree that the sun rises in the east, but on this issue, we
came together. Our bill has been awaiting Senate action for over a
year. I urge its swift passage today. I want the House to take it up. I
want the President to sign it into law. I am proud to stand here with
my good friend, the senior Senator from Texas.
The PRESIDING OFFICER (Ms. Ayotte). The Senator from Texas.
Mr. CORNYN. Madam President, I want to thank my colleague, the
Senator from Vermont, for being together with me on what some people
would regard as the Senate's odd couple--people with very different
views on a lot of different things but who try to work together on
legislation such as this, freedom of information reform legislation,
but I can think of others that we worked on as well, such as patent
reform and criminal justice reform.
I think most people are a little bit surprised when they see us
fighting like cats and dogs on various topics, which we will--and those
fights are important when they are based on principle--I think they are
a little bit surprised when they see us then come together and try to
find common cause, common ground on things such as this, but this is
the sort of thing that makes the Senate work. This is the sort of thing
that the American people deserve, when Republicans and Democrats,
people all along the ideological spectrum, work together to find common
ground.
I couldn't agree with the Senator more about, really, a statement of
human nature. It is only human nature to try to hide your failures and
to trumpet your successes. It is nothing more, nothing less than that.
But what the Freedom of Information Act is premised on is the public's
right to know what their government is doing on their behalf.
I know some people might think, well, for somebody who is a
conservative, this is a little bit of an odd position. Actually, I
think it is a natural fit. If you are a conservative like me, you think
that the government doesn't have the answer to all the challenges that
face our country, that sometimes, as Justice Brandeis said, sunlight is
the best disinfectant.
Indeed, I know something else about human nature: that people act
differently when they know others are watching than they do when they
think they are in private and no one can see what they are doing. It is
just human nature.
So I have worked together with Mr. Leahy, the Senator from Vermont,
repeatedly to try to advance reforms of our freedom of information
laws, and I am glad to say that today we will have another milestone in
that very productive, bipartisan relationship on such an important
topic. This is Sunshine Week, a week created to highlight the need for
more transparent and open government.
Let me mention a couple of things this bill does. It will, of course,
as we said, strengthen the existing Freedom of Information Act by
creating a presumption of openness. It shouldn't be incumbent on an
American citizen asking for information from their own government--
information generated and maintained at taxpayer expense--they
shouldn't have to come in and prove something to be able to get access
to something that is theirs in the
[[Page S1496]]
first place. Now, there may be good reason--classified information
necessary to fight our Nation's adversaries, maybe personally private
information that is really not the business of government, but if it
is, in fact, government information bought for and maintained by the
taxpayer, then there ought to be a presumption of openness. This
legislation will, in other words, build on what our Founding Fathers
recognized hundreds of years ago: that a truly democratic system
depends on an informed citizenry to hold their leaders accountable. And
in a form of government that depends for its very legitimacy on the
consent of the governed, the simple point is, if the public doesn't
know what government is doing, how can they consent? So this is also
about adding additional legitimacy to what government is doing on
behalf of the American people.
I just want to again thank the chairman of the Senate Judiciary
Committee. We had a pretty productive couple of weeks with passage of
the Comprehensive Addiction and Recovery Act, which the Presiding
Officer was very involved in, and now passage of this legislation by, I
hope, unanimous consent.
Presumption of Openness
Mr. LEAHY. Madam President, Senator Cornyn and I have worked together
to improve and protect the Freedom of Information Act, FOIA--our
Nation's premiere transparency law--for many years and look forward to
continuing this partnership.
The bill we passed today codifies the principle that President Obama
laid out in his 2009 Executive order in which he asked all Federal
agencies to adopt a ``presumption of openness'' when considering the
release of government information under FOIA. This policy embodies the
very spirit of FOIA. By putting the force of law behind the presumption
of openness, Congress can establish a transparency standard that will
remain for generations to come. Importantly, codifying the presumption
of openness will help reduce the perfunctory withholding of documents
through the overuse of FOIA's exemptions. It requires agencies to
consider whether the release of particular documents will cause any
foreseeable harm to an interest the applicable exemption is meant to
protect. If it will not, the documents should be released.
Mr. CORNYN. I thank Senator Leahy for his remarks and for working
together on this important bill. This bill is a good example of the
bipartisan work the Senate can accomplish when we work together toward
a common goal. I agree with Senator Leahy that the crux of our bill is
to promote disclosure of government information and not to bolster new
arguments in favor of withholding documents under FOIA's statutory
exemptions.
I want to clarify a key aspect of this legislation. The FOIA
Improvement Act makes an important change to exemption (b)(5).
Exemption (b)(5) permits agencies to withhold documents covered by
litigation privileges, such as the attorney-client privilege, attorney
work product, and the deliberative process privilege, from disclosure.
Our bill amends exemption (b)(5) to impose a 25-year sunset for
documents withheld under the deliberative process privilege. This
should not be read to raise an inference that the deliberative process
privilege is somehow heightened or strengthened as a basis for
withholding before the 25-year sunset. This provision of the bill is
simply meant to effectuate the release of documents withheld under the
deliberative process privilege after 25 years when passage of time
undoubtedly dulls the rationale for withholding information under this
exemption.
Mr. LEAHY. I thank Senator Cornyn for his comments, and I agree with
his characterization of the intent behind the 25-year sunset and the
deliberative process privilege. This new sunset should not form the
basis for agencies to argue that the deliberative process privilege
somehow has heightened protection before the 25-year sunset takes
effect. Similarly, the deliberative process privilege sunset is not
intended to create an inference that the other privileges--including
attorney-client and attorney work product, just to name a few--are
somehow heightened in strength or scope because they lack a statutory
sunset or that we believe they should not be released after 25 years.
Courts should not read the absence of a sunset for these other
privileges as Congress's intent to strengthen or expand them in any
way.
Mr. CORNYN. I thank Senator Leahy for that clarification and agree
with his remarks. If there is any doubt as to how to interpret the
provisions of this bill, they should be interpreted to promote, not
detract, from the central purpose of the bill which is to promote the
disclosure of government information to the American people.
Madam President, I ask unanimous consent that the Senate proceed to
the immediate consideration of Calendar No. 17, S. 337.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 337) to improve the Freedom of Information Act.
There being no objection, the Senate proceeded to consider the bill.
Mr. CORNYN. Madam President, I ask unanimous consent that the Cornyn
substitute amendment be agreed to; that the bill, as amended, be read a
third time and passed; and that the motion to reconsider be considered
made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3452) in the nature of a substitute was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 337), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
Mr. CORNYN. I thank the Presiding Officer.
Again, let me express my gratitude to my partner in this longstanding
effort. Since I have been in the Senate, Senator Leahy has worked
tirelessly, together with me and my office and really the whole Senate,
to try to advance the public's right to know by reforming and expanding
our freedom of information laws.
Thank you.
Mr. LEAHY. Madam President, I thank the distinguished senior Senator
from Texas. He has worked tirelessly on this, and I think we both agree
that the best government is one where you know what they are doing.
____________________
SA 3452. Mr. CORNYN (for himself and Mr. Leahy) proposed an amendment
to the bill S. 337, to improve the Freedom of Information Act; as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FOIA Improvement Act of
2016''.
SEC. 2. AMENDMENTS TO FOIA.
Section 552 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``for public inspection and copying'' and inserting ``for
public inspection in an electronic format'';
(ii) by striking subparagraph (D) and inserting the
following:
``(D) copies of all records, regardless of form or format--
``(i) that have been released to any person under paragraph
(3); and
``(ii)(I) that because of the nature of their subject
matter, the agency determines have become or are likely to
become the subject of subsequent requests for substantially
the same records; or
``(II) that have been requested 3 or more times; and''; and
(iii) in the undesignated matter following subparagraph
(E), by striking ``public inspection and copying current''
and inserting
[[Page S1509]]
``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.
``(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.'';
[[Page S1510]]
(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.
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