I 

113TH CONGRESS 

1ST SESSION H. R. 1211 

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

as the Freedom of Information Act), to provide for greater public access 

to information, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2013 

Mr. ISSA (for himself and Mr. CUMMINGS) 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 (commonly known as the Freedom of Information Act), to 

provide for greater public access to information, 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 ‘‘FOIA Oversight and 

5 Implementation Act of 2013’’ or the ‘‘FOIA Act’’. 

6 SEC. 2. FREEDOM OF INFORMATION ACT AMENDMENTS. 

7 (a) ELECTRONIC ACCESSIBILITY.—Section 552 of 

8 title 5, United States Code is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (2)— 

3 (i) by striking ‘‘for public inspection 

4 and copying’’ and inserting ‘‘in an elec5 tronic, publicly accessible format’’; 

6 (ii) by striking subparagraph (E) and 

7 inserting the following new subparagraphs: 

8 ‘‘(E) copies of all records, regardless of form or 

9 format, that have been released three or more times 

10 under paragraph (3); and 

11 ‘‘(F) a general index of the records referred to 

12 under subparagraphs (D) and (E);’’; and 

13 (iii) in the matter proceeding subpara14 graph (F) (as added by clause (ii) of this 

15 subparagraph)— 

16 (I) by striking ‘‘subparagraph 

17 (D)’’ and inserting ‘‘subparagraphs 

18 (D) and (E)’’; and 

19 (II) by striking ‘‘subparagraph 

20 (E)’’ and inserting ‘‘subparagraph 

21 (F)’’; and 

22 (B) in paragraph (7)— 

23 (i) in subparagraph (A), by striking 

24 ‘‘that will take longer than ten days to 

25 process’’; and 


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1 (ii) in subparagraph (B), by inserting 

2 ‘‘automated’’ after ‘‘provides’’; 

3 (2) in subsection (g), by striking ‘‘make publicly 

4 available upon request’’ and inserting ‘‘make avail5 able in an electronic, publicly accessible format’’; 

6 (3) in subsection (i), by striking ‘‘the implemen7 tation’’ and inserting ‘‘compliance with and imple8 mentation of the requirements’’; and 

9 (4) by adding at the end the following new sub10 section: 

11 ‘‘(m) FOIA WEB SITE REQUIRED.—Not later than 

12 one year after the date of enactment of this subsection, 

13 the Office of Management and Budget shall ensure the 

14 existence and operation of a single Web site, accessible by 

15 the public at no cost to access, that allows the public to— 

16 ‘‘(1) submit requests for records under sub17 section (a)(3); and 

18 ‘‘(2) receive automated information about the 

19 status of a request under subsection (a)(7).’’. 

20 (b) PRESUMPTION OF OPENNESS.—Section 552(b) of 

21 title 5, United States Code, is amended in the matter pre22 ceding paragraph (1), by inserting ‘‘that would cause fore23 seeable harm and’’ after ‘‘matters’’. 


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1 (c) THE OFFICE OF GOVERNMENT INFORMATION

2 SERVICES.—Section 552 of title 5, United States Code is 

3 amended— 

4 (1) in subsection (a)(4)(A)(i), by striking ‘‘the 

5 Director of the Office of Management and Budget’’ 

6 and inserting ‘‘the Director of the Office of Manage7 ment and Budget, in consultation with the Director 

8 of the Office of Government Information Services,’’; 

9 and 

10 (2) subsection (h) is amended to read as fol11 lows: 

12 ‘‘(h) THE OFFICE OF GOVERNMENT INFORMATION

13 SERVICES.— 

14 ‘‘(1) ESTABLISHMENT.—There is established 

15 the Office of Government Information Services with16 in the National Archives and Records Administra17 tion. The head of the Office is the Director of the 

18 Office of Government Information Services. 

19 ‘‘(2) REVIEW OF FOIA POLICY, PROCEDURE, 

20 AND COMPLIANCE.—The Office of Government In21 formation Services shall— 

22 ‘‘(A) review policies and procedures of 

23 agencies under this section; 

24 ‘‘(B) review compliance with this section 

25 by agencies; and 


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1 ‘‘(C) identify methods that improve compli2 ance under this section that may include— 

3 ‘‘(i) the timely processing of requests 

4 submitted to agencies under this section; 

5 ‘‘(ii) the system for assessing fees and 

6 fee waivers under this section; and 

7 ‘‘(iii) the use of any exemption under 

8 subsection (b); and 

9 ‘‘(D) review and provide guidance to agen10 cies on the use of fees and fee waivers. 

11 ‘‘(3) MEDIATION SERVICES.—The Office of 

12 Government Information Services shall offer medi13 ation services to resolve disputes between persons 

14 making requests under this section and agencies as 

15 a non-exclusive alternative to litigation and, at the 

16 discretion of the Office, may issue advisory opinions 

17 if mediation has not resolved the dispute. 

18 ‘‘(4) SUBMISSION OF REPORT.— 

19 ‘‘(A) IN GENERAL.—The Office of Govern20 ment Information Services shall not less than 

21 annually submit to the committees described in 

22 subparagraph (C) and the President a report on 

23 the findings from the information reviewed and 

24 identified under paragraph (2) and legislative 


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1 and regulatory recommendations to improve the 

2 administration of this section. 

3 ‘‘(B) ELECTRONIC AVAILABILITY OF RE4 PORTS.—The Office shall make available any 

5 report submitted under paragraph (A) in a pub6 licly accessible format. 

7 ‘‘(C) CONGRESSIONAL SUBMISSION OF RE8 PORT.—The committees described in this sub9 paragraph are the following: 

10 ‘‘(i) The Committee on Oversight and 

11 Government Reform of the House of Rep12 resentatives. 

13 ‘‘(ii) The Committees on Homeland 

14 Security and Governmental Affairs and the 

15 Judiciary of the Senate. 

16 ‘‘(D) DIRECT SUBMISSION OF REPORT.— 

17 Any report submitted under paragraph (A) 

18 shall be submitted directly to the committees 

19 and the President, without any requirement 

20 that any officer or employee outside of the Of21 fice of Government Information Services, in22 cluding the Archivist of the United States and 

23 the Director of the Office of Management and 

24 Budget, review such report. 


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1 ‘‘(5) SUBMISSION OF ADDITIONAL INFORMA2 TION.—The Director of the Office of Government 

3 Information Services may submit additional informa4 tion to Congress and the President that the Director 

5 determines to be appropriate. 

6 ‘‘(6) ANNUAL MEETING REQUIRED.—Not less 

7 than once a year, the Office of Government Informa8 tion Services shall hold a meeting that is open to the 

9 public on the review and reports by the Office and 

10 permit interested persons to appear and present oral 

11 or written statements at such meeting.’’. 

12 (d) PUBLIC RESOURCES.—Section 552(a)(6)(A) of 

13 title 5, United States Code, is amended— 

14 (1) in clause (i), by striking ‘‘such determina15 tion and the reasons therefor, and of the right of 

16 such person to appeal to the head of the agency any 

17 adverse determination; and’’ and inserting the fol18 lowing new subclauses: 

19 ‘‘(I) such determination and the reasons 

20 therefor; 

21 ‘‘(II) the right of such person to seek as22 sistance from the agency FOIA Public Liaison; 

23 and 

24 ‘‘(III) the right of such person to appeal to 

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1 tion, not later than 90 days after the receipt of 

2 such adverse determination; and’’; and 

3 (2) in clause (ii), by striking the period and in4 serting the following: ‘‘and the right of such person 

5 to seek dispute resolution services from the agency 

6 FOIA Public Liaison or the Office of Government 

7 Information Services.’’ 

8 (e) ADDITIONAL DISCLOSURE OF INFORMATION RE9 QUIREMENTS.—Section 552(a) of title 5, United States 

10 Code, is amended by adding at the end the following new 

11 paragraphs: 

12 ‘‘(8) DISCLOSURE OF INFORMATION FOR IN13 CREASED PUBLIC UNDERSTANDING OF THE GOVERN14 MENT.—Each agency shall— 

15 ‘‘(A) review the records of such agency to 

16 determine whether the release of the records 

17 would be in the public interest because it is 

18 likely to contribute significantly to public un19 derstanding of the operations or activities of the 

20 Government; 

21 ‘‘(B) for records determined to be in the 

22 public interest under subparagraph (A), reason23 ably segregate and redact any information ex24 empted from disclosure under subsection (b); 

25 and 


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1 ‘‘(C) make available in an electronic, pub2 licly accessible format, any records identified in 

3 subparagraph (A), as modified pursuant to sub4 paragraph (B). 

5 ‘‘(9) INCREASED DISCLOSURE OF INFORMA6 TION.—Each agency shall— 

7 ‘‘(A) make information public to the great8 est extent possible through modern technology 

9 to— 

10 ‘‘(i) inform the public of the oper11 ations and activities of the Government; 

12 and 

13 ‘‘(ii) ensure timely disclosure of infor14 mation; and 

15 ‘‘(B) establish procedures for identifying 

16 categories of records that may be disclosed reg17 ularly and additional records of interest to the 

18 public that are appropriate for public disclo19 sure, and for posting such records in an elec20 tronic, publicly accessible format.’’. 

21 (f) AGENCY FOIA REPORT.—Section 552(e) of title 

22 5, United States Code, is amended— 

23 (1) in paragraph (1)— 

24 (A) by inserting ‘‘and to the Director of 

25 the Office of Government Information Services’’ 


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1 after ‘‘the Attorney General of the United 

2 States’’; 

3 (B) in subparagraph (N), by striking ‘‘; 

4 and’’ and inserting a semicolon; 

5 (C) in subparagraph (O), by striking the 

6 period and inserting a semicolon; and 

7 (D) by adding at the end the following new 

8 subparagraphs: 

9 ‘‘(P) the number of times the agency invoked a 

10 law enforcement exclusion under subsection (c); 

11 ‘‘(Q) the number of times the agency engaged 

12 in dispute resolution with the assistance of the Of13 fice of Government Information Services or the 

14 FOIA Public Liaison; and 

15 ‘‘(R) the number of records that were made 

16 available in an electronic, publicly accessible format 

17 under subsection (a)(2).’’; 

18 (2) by amending paragraph (3) to read as fol19 lows: 

20 ‘‘(3) ELECTRONIC ACCESSIBILITY OF RE21 PORTS.—Each agency shall make each such report 

22 available in an electronic, publicly accessible format. 

23 In addition, each agency shall make the raw statis24 tical data used in its reports available in a timely 


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1 manner in an electronic, publicly accessible format. 

2 Such data shall be— 

3 ‘‘(A) made available without charge, li4 cense, or registration requirement; 

5 ‘‘(B) capable of being searched and aggre6 gated; and 

7 ‘‘(C) permitted to be downloaded and 

8 downloaded in bulk.’’; 

9 (3) in paragraph (4)— 

10 (A) by striking ‘‘Committee on Govern11 ment Reform and Oversight’’ and inserting 

12 ‘‘Committee on Oversight and Government Re13 form’’; 

14 (B) by striking ‘‘Governmental Affairs’’ 

15 and inserting ‘‘Homeland Security and Govern16 mental Affairs’’; and 

17 (C) by striking ‘‘April 1’’ and inserting 

18 ‘‘March 1’’; 

19 (4) in paragraph (5)— 

20 (A) by inserting ‘‘and the Director of the 

21 Office of Government Information Services’’ 

22 after ‘‘the Director of the Office of Manage23 ment and Budget’’; and 

24 (B) by striking ‘‘by October 1, 1997’’; and 


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1 (5) by amending paragraph (6) to read as fol2 lows: 

3 ‘‘(6) ATTORNEY GENERAL FOIA REPORT.— 

4 ‘‘(A) IN GENERAL.—The Attorney General 

5 of the United States shall submit to Congress 

6 and the President an annual report on or before 

7 March 1 of each calendar year which shall in8 clude for the prior calendar year— 

9 ‘‘(i) a listing of the number of cases 

10 arising under this section; 

11 ‘‘(ii) each subsection under this sec12 tion, each paragraph of the subsection, and 

13 any exemption, if applicable, involved in 

14 each case, the disposition of such case, and 

15 the cost, fees, and penalties assessed under 

16 subparagraphs (E), (F), and (G) of sub17 section (a)(4); and 

18 ‘‘(iii) a description of the efforts un19 dertaken by the Department of Justice to 

20 encourage agency compliance with this sec21 tion. 

22 ‘‘(B) ELECTRONIC AVAILABILITY.—The 

23 Attorney General of the United States— 


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1 ‘‘(i) shall make each report described 

2 under subparagraph (A) available in an 

3 electronic, publicly accessible format; and 

4 ‘‘(ii) shall make the raw statistical 

5 data used in each report available in an 

6 electronic, publicly accessible format, which 

7 shall be— 

8 ‘‘(I) made available without 

9 charge, license, or registration re10 quirement; 

11 ‘‘(II) capable of being searched 

12 and aggregated; and 

13 ‘‘(III) permitted to be 

14 downloaded, including downloaded in 

15 bulk.’’. 

16 (g) GOVERNMENT ACCOUNTABILITY OFFICE.—Sub17 section (i) of section 552 of title 5, United States Code, 

18 is amended to read as follows: 

19 ‘‘(i) GOVERNMENT ACCOUNTABILITY OFFICE.—The 

20 Government Accountability Office shall— 

21 ‘‘(1) conduct audits of administrative agencies 

22 on the implementation of this section and issue re23 ports detailing the results of such audits; and 


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1 ‘‘(2) catalog the number of exemptions under 

2 subsection (b)(3) and agency use of such exemp3 tions.’’. 

4 (h) CHIEF FOIA OFFICER RESPONSIBILITIES; 

5 COUNCIL; REVIEW.—Section 552 of title 5, United States 

6 Code is amended— 

7 (1) by striking subsections (j) and (k); and 

8 (2) by inserting after subsection (i), the fol9 lowing new subsections: 

10 ‘‘(j) CHIEF FOIA OFFICER.— 

11 ‘‘(1) DESIGNATION.—Each agency shall des12 ignate a Chief FOIA Officer who shall be a senior 

13 official of such agency (at the Assistant Secretary or 

14 equivalent level). 

15 ‘‘(2) DUTIES.—The Chief FOIA Officer of each 

16 agency shall, subject to the authority of the head of 

17 the agency— 

18 ‘‘(A) have agency-wide responsibility for ef19 ficient and appropriate compliance with this 

20 section; 

21 ‘‘(B) monitor implementation of this sec22 tion throughout the agency and keep the head 

23 of the agency, the chief legal officer of the 

24 agency, and the Attorney General appropriately 


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1 informed of the agency’s performance in imple2 menting this section; 

3 ‘‘(C) recommend to the head of the agency 

4 such adjustments to agency practices, policies, 

5 personnel, and funding as may be necessary to 

6 improve its implementation of this section; 

7 ‘‘(D) review and report to the Attorney 

8 General, through the head of the agency, at 

9 such times and in such formats as the Attorney 

10 General may direct, on the agency’s perform11 ance in implementing this section; 

12 ‘‘(E) facilitate public understanding of the 

13 purposes of the statutory exemptions of this 

14 section by including concise descriptions of the 

15 exemptions in both the agency’s handbook 

16 issued under subsection (g), and the agency’s 

17 annual report on this section, and by providing 

18 an overview, where appropriate, of certain gen19 eral categories of agency records to which those 

20 exemptions apply; and 

21 ‘‘(F) designate one or more FOIA Public 

22 Liaisons. 

23 ‘‘(3) COMPLIANCE REVIEW REQUIRED.—The 

24 Chief FOIA Officer of each agency shall— 


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1 ‘‘(A) review, not less than annually, all as2 pects of the agency’s administration of this sec3 tion to ensure compliance with the requirements 

4 of this section, including— 

5 ‘‘(i) agency regulations; 

6 ‘‘(ii) disclosure of records required 

7 under paragraphs (2), (8), and (9) of sub8 section (a); 

9 ‘‘(iii) assessment of fees and deter10 mination of eligibility for fee waivers; 

11 ‘‘(iv) the timely processing of requests 

12 for information under this section; 

13 ‘‘(v) the use of exemptions under sub14 section (b); and 

15 ‘‘(vi) dispute resolution services with 

16 the assistance of the Office of Government 

17 Information Services or the FOIA Public 

18 Liaison; and 

19 ‘‘(B) make recommendations as necessary 

20 to improve agency practices and compliance 

21 with this section. 

22 ‘‘(k) CHIEF FOIA OFFICERS COUNCIL.— 

23 ‘‘(1) ESTABLISHMENT.—There is established in 

24 the executive branch the Chief FOIA Officers Coun25 cil (in this subsection, referred to as the ‘Council’). 


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1 ‘‘(2) MEMBERS.—The Council shall consist of 

2 the following members: 

3 ‘‘(A) The Deputy Director for Manage4 ment of the Office of Management and Budget. 

5 ‘‘(B) The Director of the Office of Infor6 mation Policy at the Department of Justice. 

7 ‘‘(C) The Director of the Office of Govern8 ment Information Services at the National Ar9 chives and Records Administration. 

10 ‘‘(D) The Chief FOIA Officer of each 

11 agency. 

12 ‘‘(E) Any other officer or employee of the 

13 United States as designated by the Co-Chairs. 

14 ‘‘(3) CO-CHAIRS.—The Director of the Office of 

15 Information Policy at the Department of Justice and 

16 the Director of the Office of Government Informa17 tion Services at the National Archives and Records 

18 Administration shall be the Co-Chairs of the Coun19 cil. 

20 ‘‘(4) SUPPORT SERVICES.—The Administrator 

21 of General Services shall provide administrative and 

22 other support for the Council. 

23 ‘‘(5) CONSULTATION.—In performing its duties, 

24 the Council shall consult regularly with members of 

25 the public who make requests under this section. 


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1 ‘‘(6) DUTIES.—The duties of the Council in2 clude the following: 

3 ‘‘(A) Develop recommendations for increas4 ing compliance and efficiency under this sec5 tion. 

6 ‘‘(B) Disseminate information about agen7 cy experiences, ideas, best practices, and inno8 vative approaches related to this section. 

9 ‘‘(C) Identify, develop, and coordinate ini10 tiatives to increase transparency and compli11 ance with this section. 

12 ‘‘(D) Promote the development and use of 

13 common performance measures for agency com14 pliance with this section. 

15 ‘‘(7) MEETINGS.— 

16 ‘‘(A) REGULAR MEETINGS.—The Council 

17 shall meet regularly and such meetings shall be 

18 open to the public unless the Council deter19 mines to close the meeting for reasons of na20 tional security or to discuss information exempt 

21 under subsection (b). 

22 ‘‘(B) ANNUAL MEETINGS.—Not less than 

23 once a year, the Council shall hold a meeting 

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1 terested persons to appear and present oral and 

2 written statements to the Council. 

3 ‘‘(C) NOTICE.—Not later than 10 business 

4 days before a meeting of the Council, notice of 

5 such meeting shall be published in the Federal 

6 Register. 

7 ‘‘(D) PUBLIC AVAILABILITY OF COUNCIL

8 RECORDS.—Except as provided in subsection 

9 (b), the records, reports, transcripts, minutes, 

10 appendixes, working papers, drafts, studies, 

11 agenda, or other documents that were made 

12 available to or prepared for or by the Council 

13 shall be made publicly available. 

14 ‘‘(E) MINUTES.—Detailed minutes of each 

15 meeting of the Council shall be kept and shall 

16 contain a record of the persons present, a com17 plete and accurate description of matters dis18 cussed and conclusions reached, and copies of 

19 all reports received, issued, or approved by the 

20 Council.’’. 

21 (i) REGULATIONS.— 

22 (1) REVISION OF REGULATIONS.—Not later 

23 than 180 days after the date of the enactment of 

24 this Act, the head of each agency shall review the 

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1 tions on procedures for the disclosure of records 

2 under section 552 of title 5, United States Code, in 

3 accordance with the amendments made by this sec4 tion. The regulations of each agency shall include— 

5 (A) procedures for engaging in dispute res6 olution; and 

7 (B) procedures for engaging with the Of8 fice of Government Information Services. 

9 (2) OFFICE OF GOVERNMENT INFORMATION

10 SERVICES REPORT.—Not later than 270 days after 

11 the date of the enactment of this Act, the Office of 

12 Government Information Services shall submit to 

13 Congress a report on agency compliance with the re14 quirements of this subsection. 

15 (3) REPORT ON NONCOMPLIANCE.—The head 

16 of any agency that does not meet the requirements 

17 of paragraph (1) shall submit to Congress a report 

18 on the reason for noncompliance not later than 270 

19 days after the date of the enactment of this Act. 

20 (4) INSPECTOR GENERAL REVIEW FOR NON21 COMPLIANCE.—Any agency that fails to comply with 

22 the requirements of this subsection shall be reviewed 

23 by the Office of Inspector General of such agency 

24 for compliance with section 552 of title 5, United 

25 States Code. 


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1 (5) AGENCY DEFINED.—In this section, the 

2 term ‘‘agency’’ has the meaning given such term in 

3 section 552(f) of title 5, United States Code. 

4 SEC. 3. PILOT PROGRAM. 

5 (a) ESTABLISHMENT.—The Director of the Office of 

6 Management and Budget shall establish a pilot program 

7 for 3 years to review the benefits of FOIAonline to process 

8 requests and release information under section 552 of title 

9 5, United States Code (commonly known as the Freedom 

10 of Information Act). 

11 (b) PLAN REQUIRED.—Not later than 90 days after 

12 the date of the enactment of this Act, the Director of the 

13 Office of Management and Budget shall establish a plan 

14 to evaluate FOIAonline at no less than 3 agencies that 

15 have not previously participated in FOIAonline, including 

16 at least one of the following: 

17 (1) An agency that receives more than 50,000 

18 requests annually for information under section 552 

19 of title 5, United States Code. 

20 (2) An agency that receives between 25,000 and 

21 50,000 requests annually for information under such 

22 section. 

23 (3) An agency that receives 25,000 or fewer re24 quests annually for information under such section. 


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1 (c) AGENCY USE OF WEB SITE.—Each agency se2 lected under subsection (b) shall use FOIAonline to— 

3 (1) receive requests under section 552 of title 5, 

4 United States Code; 

5 (2) process requests received under such sec6 tion; 

7 (3) track the status of requests submitted 

8 under such section; and 

9 (4) make records released available publicly on 

10 FOIAonline. 

11 (d) REVIEW REQUIRED.—The Director of the Office 

12 of Management and Budget shall, in consultation with the 

13 Attorney General, the Office of Government Information 

14 Services, and the head of each agency participating in the 

15 pilot program, review the benefits of FOIAonline, includ16 ing— 

17 (1) any cost saving, resource saving, or effi18 ciency gained through the use of FOIAonline; 

19 (2) any change in the amount of requests re20 ceived under section 552 of title 5, United States 

21 Code; 

22 (3) any increase in transparency and accessi23 bility to Government information; and 

24 (4) any changes in the ability to access and 

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1 ports required under section 552 of title 5, United 

2 States Code. 

3 (e) REPORT REQUIRED.—Not later than 3 months 

4 after the completion of the pilot program, the head of each 

5 agency participating in the program shall submit to Con6 gress a report on the impact of the pilot program on agen7 cy processes under section 552 of title 5, United States 

8 Code, whether the agency will continue to participate in 

9 FOIAonline, and any recommendations the head of the 

10 agency considers appropriate to continue the use of 

11 FOIAonline. 

12 (f) DEFINITIONS.—In this section: 

13 (1) AGENCY.—The term ‘‘agency’’ has the 

14 meaning given such term in section 552(f) of title 5, 

15 United States Code. 

16 (2) FOIAONLINE.—The term ‘‘FOIAonline’’ 

17 means the electronic online portal 

18 FOIAonline.regulations.gov. 

Æ 


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