69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–93 

FANNIE AND FREDDIE OPEN RECORDS ACT OF 2017 

APRIL 24, 2017.—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 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 1694] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 1694) to require additional entities to 

be subject to the requirements of section 552 of title 5, United 

States Code (commonly referred to as the Freedom of Information 

Act), and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 4 

Explanation of Amendments ................................................................................... 4 

Committee Consideration ........................................................................................ 5 

Roll Call Votes ......................................................................................................... 5 

Application of Law to the Legislative Branch ....................................................... 5 

Statement of Oversight Findings and Recommendations of the Committee ...... 5 

Statement of General Performance Goals and Objectives .................................... 5 

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Advisory Committee Act ............................................................................ 5 

Unfunded Mandate Statement ............................................................................... 6 

Earmark Identification ............................................................................................ 6 

Committee Estimate ................................................................................................ 6 

Budget Authority and Congressional Budget Office Cost Estimate .................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

Additional Views ...................................................................................................... 26 


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1 A 1938 amendment to the National Housing Act created Fannie Mae. The 1970 Emergency 

Home Finance Act created Freddie Mac to help thrifts (organizations that accept savings account deposits and invest most of the proceeds in mortgages) manage the challenges associated 

with interest rate risk. See, Federal Housing Finance Agency Office of the Inspector General, 

A Brief History of the Housing Government-Sponsored Enterprises, last accessed March 12th, 

available at https://www.fhfaoig.gov/Content/Files/History%20of%20the%20Government%20 

Sponsored%20Enterprises.pdf. 2 Id. 

3P.L. 110–289, Section 1117. 

4 Congressional Research Service, ‘‘Fannie Mae, Freddie Mac, and FOIA: Information Access 

Policy for the Government-Sponsored Enterprises’’, R42080 (Nov. 10, 2011). 5 Bloomberg, Quick Take—Fannie Mae and Freddie Mac, last accessed March 12th, available 

at https://www.bloomberg.com/quicktake/fannie-mae-and-freddie-mac-irbtxzdk. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SEC. 1. SHORT TITLE. 

This Act may be cited as the ‘‘Fannie and Freddie Open Records Act of 2017’’. 

SEC. 2. APPLICABILITY OF FOIA. 

(a) APPLICABILITY TO GOVERNMENT SPONSORED ENTITIES IN CONSERVATORSHIP.— 

Section 552 of title 5, United States Code (commonly referred to as the Freedom of 

Information Act), is amended by adding at the end the following new subsection: 

‘‘(n) The Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation shall comply with agency requirements under this section during 

any period such enterprise is under conservatorship or receivership pursuant to section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act 

of 1992 (12 U.S.C. 4617).’’. 

(b) EFFECTIVE DATE; APPLICABILITY.—The amendment made by subsection (a) 

shall be effective on the date of the enactment of this Act and shall apply with respect to any request filed under section 552(a)(3) of title 5, United States Code, on 

or after such effective date, relating to any record created before, on, or after the 

date of the enactment of this Act. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 1694, the Fannie and Freddie Open Records Act of 2017, applies the Freedom of Information Act (FOIA) to the Federal National Mortgage Association (Fannie Mae) and the Federal Home 

Loan Mortgage Corporation (Freddie Mac) while they remain under 

the conservatorship of the Federal Housing Finance Agency 

(FHFA). The Fannie and Freddie Open Records Act of 2017 furthers the Committee’s efforts to ensure the American people know 

what activities the government performs with their taxpayer dollars. 

BACKGROUND AND NEED FOR LEGISLATION

Fannie Mae and Freddie Mac are federally-chartered, for-profit 

institutions. Congress created Fannie Mae in 1938 on the heels of 

the Great Depression and Freddie Mac in 1970 1 to stimulate home 

ownership and support the expanding housing market.2

To stabilize the housing market in the aftershock of the financial 

crisis, the FHFA used its authority in 2008 to place Fannie Mae 

and Freddie Mac into its conservatorship.3 In conservatorship, the 

government takes control of a failing financial institution with the 

goal of returning it to financial health and stockholder control.4 In 

the process, the FHFA redirected $187.5 billion to Fannie Mae and 

Freddie Mac.5 At the time, the taxpayer-financed Fannie and 


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6Zachary Goldfarb, Treasury to Rescue Fannie and Freddie, Washington Post (Sept. 7, 2008), 

available at http://www.washingtonpost.com/wp-dyn/content/article/2008/09/06/ 

AR2008090602540.html?hpid=topnews. 7The Freedom of Information Act, 5 U.S.C. § 552, and Pub. L. 110–175, 121 Stat. 2524, and 

Pub. L. 111–83, Section 564, 123, Stat. 2142, 2184; see also, U.S. Congress, House Committee 

of the Whole House on the State of the Union, Clarifying and Protecting the Right of the Public 

to Information, 89th Cong. 2nd sess. May 9, 1966, H.Rpt. 1497 (Washington: GPO, 1966). 8See 12 U.S.C. § 4617(b)(2)(A)(i). 9Wendy Ginsberg and Eric Weiss, Fannie Mae, Freddie Mac, and FOIA: Information Access 

Policy for the Government-Sponsored Enterprises (Nov. 10, 2011), available at file:///C:/Users/ 

mdoocy/Downloads/nps61-073012-38%20(7).pdf. 

Freddie bailout was considered ‘‘the most sweeping government 

intervention in private financial markets in decades.’’ 6

Enacted in 1966, the FOIA established the public’s right to know 

by creating a presumption that the public has access to federal 

agency records.7 The statute authorizing the FHFA’s conservatorship over Fannie and Freddie, section 4617 of title 12, United 

States Code, granted the FHFA the power to exercise ‘‘all rights, 

titles, powers, and privileges of the regulated entity, and of any 

stockholder, officer, or director of such regulated entity with respect to the regulated entity and the assets of the regulated entity.’’ 8 As such, when the FHFA took over as conservator, Fannie 

and Freddie’s records became the equivalent of FHFA’s ‘‘agency 

records’’ for purposes of FOIA. H.R. 1694 will allow the FHFA to 

withhold agency records under FOIA’s nine exemptions. Under the 

bill, Fannie Mae and Freddie Mac will be treated like any other 

agency for purposes of section 552 of title 5, United States Code. 

The exemptions to disclosure in subsection (b) and the presumption 

of openness under subsection (a)(8) are equally applicable to 

Fannie Mae and Freddie Mac as any other agency required to comply with FOIA. 

There is precedent for applying FOIA to a nongovernmental entity. Congress conferred FOIA applicability to a quasi-governmental 

entity—the National Railroad Passenger Corporation (Amtrak)— 

when it amended the Rail Passenger Service Act to include a provision explicitly applying FOIA to Amtrak. The bill report for the 

amendment stated, ‘‘in view of the substantial Federal funds which 

are going to Amtrak, the taxpaying public is entitled to access the 

information about the conduct of Amtrak affairs.’’ 9

LEGISLATIVE HISTORY

On March 23, 2017, Representative Jason Chaffetz (R–UT), 

Chairman of the House Committee on Oversight and Government 

Reform, introduced H.R. 1694, the Fannie and Freddie Open 

Records Act of 2017, with Representatives Ron DeSantis (R–FL), 

Steve Russell (R–OK), John J. Duncan, Jr. (R–TN), Thomas Massie 

(R–KY), Blake Farenthold (R–TX), James Comer (R–KY), Rod 

Blum (R–IA), and Darrell Issa (R–CA). H.R. 1694 was referred to 

the Committee on Oversight and Government Reform. On March 

23, 2017, the Committee held a hearing entitled, ‘‘Legislative Proposals for Fostering Transparency.’’ H.R. 1694 was one of three 

bills discussed. The Committee considered H.R. 1694 at a business 

meeting on March 28, 2017 and ordered the bill reported favorably, 

as amended, by voice vote. 

On January 5, 2017, Representative Chaffetz introduced a related bill, H.R. 298, the Fannie Mae and Freddie Mac Transparency Act of 2017, with Representative Thomas Massie (R–KY). 


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H.R. 298 was referred to the House Committee on Financial Services. Representative Chaffetz introduced identical bills in the 

114th, 112th, and 111th Congresses. 

In the 114th Congress, Representative Chaffetz introduced H.R. 

1577, the Fannie Mae and Freddie Mac Transparency Act of 2015, 

on March 24, 2015. H.R. 1577 was referred to the House Committee on Financial Services. 

In the 112th Congress, Representative Chaffetz introduced H.R. 

463, the Fannie Mae and Freddie Mac Transparency Act of 2011 

on January 26, 2011, with Representatives Darrell Issa (R–CA), 

Jeff Flake (R–AZ), Jeb Hensarling (R–TX), Ron Paul (R–TX), Spencer Bachus (R–AL), Todd Platts (R–PA), Ted Poe (R–TX), Mike 

Rogers (R–MI), Adrian Smith (R–NE), Connie Mack (R–FL), and 

Mike Quigley (D–IL). There were 19 total cosponsors of H.R. 463. 

H.R. 463 was referred to the House Committee on Financial Services and subsequently to the Subcommittee on Capital Markets and 

Government Sponsored Enterprises. On May 25, 2011, the Subcommittee held a hearing on H.R. 463. The Subcommittee considered H.R. 463 at a mark-up session on July 12, 2011 and referred 

the bill to the Full Committee by voice vote. 

In the 111th Congress, Representative Chaffetz introduced H.R. 

5539, the Fannie Mae and Freddie Mac Transparency Act of 2010, 

on June 16, 2010, with Representatives John Conyers (D–MI), 

Lamar Smith (R–TX), Darrell Issa (R–CA), Spencer Bachus (R–AL), 

Jeb Hensarling (R–TX), Edward Royce (R–CA), Bob Goodlatte (R– 

VA), Judy Biggert (R–IL), Thomas Rooney (R–FL), and Cynthia 

Lummis (R–WY). There were 22 total cosponsors of H.R. 5539. The 

bill was referred to the House Committee on Financial Services. 

SECTION-BY-SECTION

Section 1. Short title 

The short title of the bill is the ‘‘Fannie and Freddie Open 

Records Act of 2017.’’ 

Section 2. Applicability of FOIA 

Section 2 amends section 552 of title 5, (the Freedom of Information Act, or FOIA), United States Code, by adding a new subsection 

(n) to clarify that section 552 applies to the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) during any period during which either entity is under conservatorship or receivership of the Federal 

Housing Finance Agency (FHFA). 

Subparagraph (b) makes the date of enactment of the bill the 

date of effect. The records that are applicable to FOIA are ‘‘any 

record[s] created before, on, or after the date of enactment of this 

Act.’’ 

EXPLANATION OF AMENDMENTS

During Committee consideration of the bill, Chairman Jason 

Chaffetz offered an amendment in the nature of a substitute to address technical drafting concerns and more appropriately reflect 

the bill’s intent. The amendment in the nature of a substitute was 

adopted by voice vote. 


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COMMITTEE CONSIDERATION

On March 28, 2017, the Committee met in open session and ordered reported favorably the bill, H.R. 1694, as amended, by voice 

vote, a quorum being present. 

ROLL CALL VOTES

There were no roll call votes requested or conducted during Full 

Committee consideration of H.R. 1694. 

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 applies the Freedom of 

Information Act to Fannie Mae and Freddie Mac while they remain 

under the conservatorship of the FHFA. 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 goal or objective of this bill is to require additional entities to be subject to 

the requirements of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), and for other 

purposes. 

DUPLICATION OF FEDERAL PROGRAMS

In accordance with clause 2(c)(5) of rule XIII 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 not direct 

the completion of any specific rule makings within the meaning of 

section 551 or title 5, United States Code. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 


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definition of Section 5(b) of the appendix to title 5, United States 

Code. 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act of 1995, P.L. 104–4) requires a statement as to 

whether the provisions of the reported include unfunded mandates. 

In compliance with this requirement, the Committee has included 

below a letter received from the Congressional Budget Office. 

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

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out this bill. 

However, clause 3(d)(2)(B) of that rule provides that this requirement does not apply when the Committee has included in its report 

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974, which the Committee has included below. 

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 received the following cost estimate for 

this bill from the Director of Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, April 21, 2017. 

Hon. JASON CHAFFETZ, Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1694, the Fannie and 

Freddie Open Records Act 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Aurora Swanson. 

Sincerely, 

KEITH HALL. 

Enclosure. 


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H.R. 1694—Fannie and Freddie Open Records Act of 2017 

H.R. 1694 would amend the Freedom of Information Act (FOIA) 

to make its provisions apply to Fannie Mae and Freddie Mac when 

the two entities are in federal conservatorship or receivership. 

Under current law, Fannie Mae and Freddie Mac (the entities) are 

not subject to FOIA because they are not federal agencies. Under 

the bill, the two entities would be directed to accept and process 

FOIA requests from the public and to release information to satisfy 

those requests as long as they are in federal conservatorship. 

Based on information provided by the two entities, the Federal 

Housing Finance Agency (FHFA), and annual FOIA costs incurred 

by other federal agencies, CBO estimates that administrative costs 

for Fannie Mae, Freddie Mac, and FHFA would increase under the 

bill. All of the net costs would be borne by Fannie Mae and Freddie 

Mac because FHFA would assess fees on the two entities to cover 

its costs. CBO estimates that enacting the legislation would increase direct spending by $10 million over the 2018–2027 period; 

therefore, pay-as-you go procedures apply. Enacting the bill would 

not affect revenues. 

Fannie Mae’s and Freddie Mac’s administrative costs would increase because each entity would need to hire staff to review FOIA 

requests, gather relevant information, evaluate the information to 

determine if it is exempt from disclosure under FOIA, and release 

the nonexempt information to satisfy such requests. Each entity 

also would need to expand data processing tools and systems to 

electronically search and compile relevant data and documents. Finally, the entities would need to hire staff to handle appeals that 

arise when information is withheld because the entity considers it 

to be exempt from disclosure under FOIA. 

Based on an analysis of information provided by the entities and 

FHFA, and the costs incurred by federal agencies to comply with 

FOIA, CBO estimates that administrative costs would increase by 

$40 million in 2018 because Fannie Mae and Freddie Mac likely 

would employ outside firms to accept, evaluate, and respond to 

FOIA requests while simultaneously building internal capacity to 

perform that work with their own employees. Once the organization’s internal FOIA offices are operating, administrative costs 

would total about $30 million annually, CBO estimates. Those estimates include additional costs for FHFA to review requests received by Fannie Mae and Freddie Mac that include information 

FHFA has shared with them in its capacity as their regulator. In 

total, CBO estimates that over the next 10 years Fannie Mae’s and 

Freddie Mac’s administrative costs would increase by $310 million. 

Administrative costs for Fannie Mae, Freddie Mac, and FHFA in 

recent years have totaled about $5 billion annually. Under the bill, 

CBO expects that the entities would cover the increase in costs by 

reducing other administrative expenses (by about $20 million per 

year), increasing fees charged for providing loan guarantees (by 

about $10 million a year), and reducing the portion of fees that 

would be available to cover the costs of its loan guarantees. On 

that basis, CBO estimates that enacting the bill would increase 


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1 Under the Federal Credit Reform Act the cost of loan guarantees is recorded in the federal 

budget by estimating a subsidy cost for those guarantees. The subsidy cost is calculated by estimating all future cash flows associated with a guarantee, including the potential for default and 

fees paid in exchange for the guarantee, and converting those cash flows into a present value 

figure. CBO estimates the subsidy cost of Fannie Mae’s and Freddie Mac’s guarantees using a 

fair-value methodology to discount future cash flows associated with those guarantees. For a 

more detailed description of how CBO accounts for the cost of Fannie Mae and Freddie Mac 

in the budget, see Congressional Budget Office, CBO’s Budgetary Treatment of Fannie Mae and 

Freddy Mac, Background Paper (January 2010). 

Fannie Mae’s and Freddie Mac’s subsidy costs by about $10 million 

over the 2018–2027 period.1

The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct 

spending or revenues. The net changes in outlays that are subject 

to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1694, AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM ON MARCH 28, 2017 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017– 

2022 

2017– 

2027 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 2 1 1 1 1 1 1 0 0 0 6 10 

CBO estimates that enacting H.R. 1694 would not increase net 

direct spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2028. 

H.R. 1694 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Aurora Swanson. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

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 (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 

* * * * * * * 


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§ 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 

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cy, 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. 


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(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 

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sure 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 

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scribed 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. 


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(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 


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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. 


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(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 


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(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 


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(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 

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closure 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; 


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(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). 


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(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 


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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. 


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(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 


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(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. 


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(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) The Federal National Mortgage Association or the Federal 

Home Loan Mortgage Corporation shall comply with agency requirements under this section during any period such enterprise is 

under conservatorship or receivership pursuant to section 1367 of 

the Federal Housing Enterprises Financial Safety and Soundness 

Act of 1992 (12 U.S.C. 4617). 

* * * * * * * 


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1 Congressional Research Service, Fannie Mae, Freddie Mac, and FOIA: Information Access 

Policy for the Government Sponsored Enterprises (Nov. 10, 2011) (R42080). 

ADDITIONAL VIEWS 

Fannie Mae and Freddie Mac should be transparent and accountable. Congress and taxpayers have a right to information about 

these entities. There are issues, however, that the Committee must 

work out before this bill goes to the floor for a vote. 

The Freedom of Information Act (FOIA) applies to government 

agencies. The law imposes a number of requirements that make 

sense in the context of an agency but that may not make sense in 

the context of private companies. 

A report issued in 2011 by the Congressional Research Service 

raised several issues that Congress should consider before applying 

FOIA to Fannie Mae and Freddie Mac. For example, CRS stated: 

One basic consideration is that FOIA currently applies 

only to executive branch government agencies and certain 

other government entities, including the U.S. Postal Service. Only one private company, Amtrak, has been required 

to implement FOIA. . . . As part of the government, agencies are subject to many other laws, regulations, policies, 

and executive orders that require formalized methods of 

recordkeeping and public access. These requirements— 

which include the rulemaking process, open meetings requirements, and records maintenance—would add time 

and costs to GSE operations and have not historically been 

required of Fannie Mae and Freddie Mac.1

The Federal Housing Finance Agency also raised concerns to the 

Committee, including whether and when Fannie Mae and Freddie 

Mac would be able to use (1) exemption 4 under FOIA, which protects ‘‘trade secrets and commercial or financial information obtained from a person,’’ or (2) exemption 8 under FOIA, which protects records related to financial institutions. 

The Committee, if it is to act responsibly, must carefully consider 

and address these issues. 

ELIJAH E. CUMMINGS, 

Ranking Member. 

Æ 


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