I 

110TH CONGRESS 

1ST SESSION H. R. 1775 

To amend section 552 of title 5, United States Code (popularly known 

as the Freedom of Information Act) to require the disclosure of certain 

information related to Federal contractors, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. CARDOZA introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To amend section 552 of title 5, United States Code (popularly known as the Freedom of Information Act) to require the disclosure of certain information related to 

Federal contractors, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom of Informa5 tion Improvement Act’’. 

mstockstill on PROD1PC66 with BILLS

2 

•HR 1775 IH

1 SEC. 2. REQUIREMENTS RELATING TO DISCLOSURE OF 

2 GOVERNMENT CONTRACTING INFORMATION 

3 UNDER FREEDOM OF INFORMATION ACT. 

4 Section 552 of title 5, United States Code (popularly 

5 known as the Freedom of Information Act), is amended 

6 by adding at the end the following new subsection: 

7 ‘‘(h) CONTRACTOR INFORMATION.—(1) For purposes 

8 of a request made that involves access to records relating 

9 to Federal contracts, the following provisions apply: 

10 ‘‘(A) Information submitted, whether vol11 untarily or involuntarily, to the Federal Govern12 ment to obtain, amend, or clarify a contract 

13 with the Federal Government or any part of 

14 such a contract shall not be considered to be 

15 trade secrets or commercial or financial infor16 mation that is privileged or confidential, as de17 scribed in subsection (b)(4), unless the informa18 tion is proprietary information. 

19 ‘‘(B) An agency shall release information 

20 with respect to a Federal contract in response 

21 to a request under this section relating to the 

22 following unless the information is shown to be 

23 exempt under subsection (b): 

24 ‘‘(i) Any information relating to 

25 whether a contractor, or a subcontractor 

26 under the contractor, actually performed 

mstockstill on PROD1PC66 with BILLS

3 

•HR 1775 IH

1 the worked required under the terms of the 

2 contract. 

3 ‘‘(ii) Any information that indicates 

4 the use of substandard materials or work 

5 practices in performing the contract. 

6 ‘‘(iii) Any information related to the 

7 information described in subparagraph (A) 

8 or (B) that is discovered as part of a Gov9 ernment review, audit, or investigation of 

10 the contract, or that is revealed because of 

11 the existence of credible evidence raising 

12 doubts concerning the contractor’s per13 formance because the contractor has been 

14 subject to a Federal or State investigation 

15 for past poor performance or similar 

16 charges, or the contractor has been the 

17 subject of credible and consistent press re18 ports pertaining to performance of govern19 ment contracts. 

20 ‘‘(C) An agency shall release information 

21 with respect to a Federal contract in response 

22 to a request under this section if disclosure of 

23 the information will contribute to public under24 standing and knowledge unless the information 

25 is shown to be exempt under subsection (b). 

mstockstill on PROD1PC66 with BILLS

4 

•HR 1775 IH

1 ‘‘(D) Any information released pursuant to 

2 this subsection shall relate solely to the Federal 

3 contract involved and not to unrelated aspects 

4 of the company concerned. 

5 ‘‘(2) In this subsection, the term ‘proprietary infor6 mation’ means information relating to a product or proc7 ess that is used, produced, or marketed under an exclusive 

8 legal right of the inventor or maker of that product or 

9 process.’’. 

Æ 

mstockstill on PROD1PC66 with BILLS