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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2520 Reported in Senate (RS)]

                                                       Calendar No. 605
113th CONGRESS
  2d Session
                                S. 2520

               To improve the Freedom of Information Act.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2014

    Mr. Leahy (for himself, Mr. Cornyn, Mr. Markey, Ms. Hirono, Mr. 
   Grassley, Mr. Johanns, Ms. Ayotte, and Mr. Coons) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                           November 20, 2014

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
               To improve the Freedom of Information Act.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``FOIA Improvement Act of 
2014''.</DELETED>

<DELETED>SEC. 2. AMENDMENTS TO FOIA.</DELETED>

<DELETED>    Section 552 of title 5, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by striking ``for public 
                        inspection and copying'' and inserting ``for 
                        public inspection in an electronic 
                        format'';</DELETED>
                        <DELETED>    (ii) by striking subparagraph (D) 
                        and inserting the following:</DELETED>
        <DELETED>    ``(D) copies of all records, regardless of form or 
        format--</DELETED>
                <DELETED>    ``(i) that have been released to any 
                person under paragraph (3); and</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(II) that have been requested not less 
                than 3 times; and''; and</DELETED>
                        <DELETED>    (iii) in the undesignated matter 
                        following subparagraph (E), by striking 
                        ``public inspection and copying current'' and 
                        inserting ``public inspection in an electronic 
                        format, and current'';</DELETED>
                <DELETED>    (B) in paragraph (4)(A), by striking 
                clause (viii) and inserting the following:</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(II)(aa) If an agency determines that unusual 
        circumstances apply (as the term is defined in paragraph 
        (6)(B)) and the agency provides 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).</DELETED>
        <DELETED>    ``(bb) If a court determines that exceptional 
        circumstances exist (as that term is defined in paragraph 
        (6)(C)), a failure described in subclause (I) shall be excused 
        for the length of time provided by the court 
        order.'';</DELETED>
                <DELETED>    (C) in paragraph (6)--</DELETED>
                        <DELETED>    (i) in subparagraph (A)(i), by 
                        striking ``making such request'' and all that 
                        follows through ``determination; and'' and 
                        inserting the following: ``making such request 
                        of--''</DELETED>
                        <DELETED>    ``(I) such determination and the 
                        reasons therefore;</DELETED>
                        <DELETED>    ``(II) the right of such person to 
                        seek assistance from the FOIA Public Liaison of 
                        the agency; and</DELETED>
                        <DELETED>    ``(III) in the case of an adverse 
                        determination--</DELETED>
                                <DELETED>    ``(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 receipt of such 
                                adverse determination; and</DELETED>
                                <DELETED>    ``(bb) the right of such 
                                person to seek dispute resolution 
                                services from the FOIA Public Liaison 
                                of the agency or the Office of 
                                Government Information Services; and''; 
                                and</DELETED>
                        <DELETED>    (ii) in subparagraph (B)(ii), by 
                        striking ``the agency.'' and inserting ``the 
                        agency, and notify the requester of the right 
                        of the requester to seek dispute resolution 
                        services from the Office of Government 
                        Information Services.''; and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(8) An agency--</DELETED>
        <DELETED>    ``(A) shall--</DELETED>
                <DELETED>    ``(i) withhold information under this 
                section only if--</DELETED>
                        <DELETED>    ``(I) the agency reasonably 
                        foresees that disclosure would harm an interest 
                        protected by an exemption described in 
                        subsection (b) or other provision of law; 
                        or</DELETED>
                        <DELETED>    ``(II) disclosure is prohibited by 
                        law; and</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(II) take reasonable steps necessary to 
                segregate and release nonexempt information; 
                and</DELETED>
        <DELETED>    ``(B) may not--</DELETED>
                <DELETED>    ``(i) withhold information requested under 
                this section merely because the agency can demonstrate, 
                as a technical matter, that the records fall within the 
                scope of an exemption described in subsection (b); 
                or</DELETED>
                <DELETED>    ``(ii) withhold information requested 
                under this section because the information may be 
                embarrassing to the agency or because of speculative or 
                abstract concerns.'';</DELETED>
        <DELETED>    (2) in subsection (b), by amending paragraph (5) 
        to read as follows:</DELETED>
        <DELETED>    ``(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, if--</DELETED>
                <DELETED>    ``(A) in the case of deliberative process 
                privilege or attorney work-product privilege, the 
                agency interest in protecting the records or 
                information is not outweighed by a public interest in 
                disclosure;</DELETED>
                <DELETED>    ``(B) in the case of attorney-client 
                privilege, the agency interest in protecting the 
                records or information is not outweighed by a 
                compelling public interest in disclosure; and</DELETED>
                <DELETED>    ``(C) the requested record or information 
                was created less than 25 years before the date on which 
                the request was made;'';</DELETED>
        <DELETED>    (3) in subsection (e)</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by inserting ``and to the 
                        Director of the Office of Government 
                        Information Services'' after ``United 
                        States'';</DELETED>
                        <DELETED>    (ii) in subparagraph (N), by 
                        striking ``and'' at the end;</DELETED>
                        <DELETED>    (iii) in subparagraph (O), by 
                        striking the period at the end and inserting a 
                        semicolon; and</DELETED>
                        <DELETED>    (iv) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(P) the number of times the agency denied a 
        request for records under subsection (c); and</DELETED>
        <DELETED>    ``(Q) the number of records that were made 
        available for public inspection in an electronic format under 
        subsection (a)(2).'';</DELETED>
                <DELETED>    (B) by striking paragraph (3) and 
                inserting the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) without charge, license, or registration 
        requirement;</DELETED>
        <DELETED>    ``(B) in an aggregated, searchable format; 
        and</DELETED>
        <DELETED>    ``(C) in a format that may be downloaded in 
        bulk.'';</DELETED>
                <DELETED>    (C) in paragraph (4)--</DELETED>
                        <DELETED>    (i) by striking ``Government 
                        Reform and Oversight'' and inserting 
                        ``Oversight and Government Reform'';</DELETED>
                        <DELETED>    (ii) by inserting ``Homeland 
                        Security and'' before ``Governmental Affairs''; 
                        and</DELETED>
                        <DELETED>    (iii) by striking ``April'' and 
                        inserting ``March''; and</DELETED>
                <DELETED>    (D) by striking paragraph (6) and 
                inserting the following:</DELETED>
<DELETED>    ``(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 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--</DELETED>
        <DELETED>    ``(i) a listing of the number of cases arising 
        under this section;</DELETED>
        <DELETED>    ``(ii) a listing of--</DELETED>
                <DELETED>    ``(I) each subsection, and any exemption, 
                if applicable, involved in each case arising under this 
                section;</DELETED>
                <DELETED>    ``(II) the disposition of each case 
                arising under this section; and</DELETED>
                <DELETED>    ``(III) the cost, fees, and penalties 
                assessed under subparagraphs (E), (F), and (G) of 
                subsection (a)(4); and</DELETED>
        <DELETED>    ``(iii) a description of the efforts undertaken by 
        the Department of Justice to encourage agency compliance with 
        this section.</DELETED>
<DELETED>    ``(B) The Attorney General of the United States shall 
make--</DELETED>
        <DELETED>    ``(i) each report submitted under subparagraph (A) 
        available for public inspection in an electronic format; 
        and</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(I) without charge, license, or 
                registration requirement;</DELETED>
                <DELETED>    ``(II) in an aggregated, searchable 
                format; and</DELETED>
                <DELETED>    ``(III) in a format that may be downloaded 
                in bulk.'';</DELETED>
        <DELETED>    (4) in subsection (g), in the matter preceding 
        paragraph (1), by striking ``publicly available upon request'' 
        and inserting ``available for public inspection in an 
        electronic format'';</DELETED>
        <DELETED>    (5) in subsection (h)--</DELETED>
                <DELETED>    (A) in paragraph (1), by adding at the end 
                the following: ``The head of the Office shall be the 
                Director of the Office of Government Information 
                Services.'';</DELETED>
                <DELETED>    (B) in paragraph (2), by striking 
                subparagraph (C) and inserting the following:</DELETED>
        <DELETED>    ``(C) identify procedures and methods for 
        improving compliance under this section.'';</DELETED>
                <DELETED>    (C) by striking paragraph (3) and 
                inserting the following:</DELETED>
<DELETED>    ``(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 non-
exclusive alternative to litigation and may issue advisory opinions at 
the discretion of the Office or upon request of any party to a 
dispute.''; and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(i) a report on the findings of the information 
        reviewed and identified under paragraph (2);</DELETED>
        <DELETED>    ``(ii) a summary of the activities of the Office 
        of Government Information Services under paragraph (3), 
        including--</DELETED>
                <DELETED>    ``(I) any advisory opinions issued; 
                and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(iii) legislative and regulatory 
        recommendations, if any, to improve the administration of this 
        section.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 the 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.</DELETED>
<DELETED>    ``(5) The Director of the Office of Government Information 
Services may submit additional information to Congress and the 
President as the Director determines to be appropriate.</DELETED>
<DELETED>    ``(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.''; and</DELETED>
        <DELETED>    (6) by striking subsections (i), (j), and (k), and 
        inserting the following:</DELETED>
<DELETED>    ``(i) The Government Accountability Office shall--
</DELETED>
        <DELETED>    ``(1) conduct audits of administrative agencies on 
        compliance with and implementation of the requirements of this 
        section and issue reports detailing the results of such audits; 
        and</DELETED>
        <DELETED>    ``(2) catalog the number of exemptions described 
        in subsection (b)(3) and the use of such exemptions by each 
        agency.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(2) The Chief FOIA Officer of each agency shall, subject 
to the authority of the head of the agency--</DELETED>
        <DELETED>    ``(A) have agency-wide responsibility for 
        efficient and appropriate compliance with this 
        section;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(F) offer training to agency staff regarding 
        their responsibilities under this section;</DELETED>
        <DELETED>    ``(G) serve as the primary agency liaison with the 
        Office of Government Information Services and the Office of 
        Information Policy; and</DELETED>
        <DELETED>    ``(H) designate 1 or more FOIA Public 
        Liaisons.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) agency regulations;</DELETED>
        <DELETED>    ``(B) disclosure of records required under 
        paragraphs (2) and (8) of subsection (a);</DELETED>
        <DELETED>    ``(C) assessment of fees and determination of 
        eligibility for fee waivers;</DELETED>
        <DELETED>    ``(D) the timely processing of requests for 
        information under this section;</DELETED>
        <DELETED>    ``(E) the use of exemptions under subsection (b); 
        and</DELETED>
        <DELETED>    ``(F) dispute resolution services with the 
        assistance of the Office of Government Information Services or 
        the FOIA Public Liaison.</DELETED>
<DELETED>    ``(k)(1) There is established in the executive branch the 
Chief FOIA Officers Council (referred to in this subsection as the 
`Council').</DELETED>
<DELETED>    ``(2) The Council shall be comprised of the following 
members:</DELETED>
        <DELETED>    ``(A) The Deputy Director for Management of the 
        Office of Management and Budget.</DELETED>
        <DELETED>    ``(B) The Director of the Office of Information 
        Policy at the Department of Justice.</DELETED>
        <DELETED>    ``(C) The Director of the Office of Government 
        Information Services.</DELETED>
        <DELETED>    ``(D) The Chief FOIA Officer of each 
        agency.</DELETED>
        <DELETED>    ``(E) Any other officer or employee of the United 
        States as designated by the Co-Chairs.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(4) The Administrator of General Services shall provide 
administrative and other support for the Council.</DELETED>
<DELETED>    ``(5)(A) The duties of the Council shall include the 
following:</DELETED>
        <DELETED>    ``(i) Develop recommendations for increasing 
        compliance and efficiency under this section.</DELETED>
        <DELETED>    ``(ii) Disseminate information about agency 
        experiences, ideas, best practices, and innovative approaches 
        related to this section.</DELETED>
        <DELETED>    ``(iii) Identify, develop, and coordinate 
        initiatives to increase transparency and compliance with this 
        section.</DELETED>
        <DELETED>    ``(iv) Promote the development and use of common 
        performance measures for agency compliance with this 
        section.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(C) Not later than 10 business days before a meeting of 
the Council, notice of such meeting shall be published in the Federal 
Register.</DELETED>
<DELETED>    ``(D) Except as provided in subsection (b), the records, 
reports, transcripts, minutes, appendixes, 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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. REVIEW AND ISSUANCE OF REGULATIONS.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the head of each agency (as defined in section 
551 of title 5, United States Code) shall review the regulations of 
such agency and shall issue regulations on procedures for the 
disclosure of records under section 552 of title 5, United States Code, 
in accordance with the amendments made by section 2.</DELETED>
<DELETED>    (b) Requirements.--The regulations of each agency shall 
include procedures for engaging in dispute resolution through the FOIA 
Public Liaison and the Office of Government Information 
Services.</DELETED>

<DELETED>SEC. 4. PROACTIVE DISCLOSURE THROUGH RECORDS 
              MANAGEMENT.</DELETED>

<DELETED>    Section 3102 of title 44, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by redesignating paragraphs (2) and (3) as 
        paragraphs (3) and (4); and</DELETED>
        <DELETED>    (2) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) procedures for identifying records of 
        general interest or use to the public that are appropriate for 
        public disclosure, and for posting such records in a publicly 
        accessible electronic format;''.</DELETED>

<DELETED>SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.</DELETED>

<DELETED>    No additional funds are authorized to carry out the 
requirements of this Act or the amendments made by this Act. The 
requirements of this Act and the amendments made by this Act shall be 
carried out using amounts otherwise authorized or 
appropriated.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FOIA Improvement Act of 2014''.

SEC. 2. AMENDMENTS TO FOIA.

    Section 552 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``for public inspection and 
                        copying'' and inserting ``for public inspection 
                        in an electronic format'';
                            (ii) by striking subparagraph (D) and 
                        inserting the following:
            ``(D) copies of all records, regardless of form or format--
                    ``(i) that have been released to any person under 
                paragraph (3); and
                    ``(ii)(I) that because of the nature of their 
                subject matter, the agency determines have become or 
                are likely to become the subject of subsequent requests 
                for substantially the same records; or
                    ``(II) that have been requested not less than 3 
                times; and''; and
                            (iii) in the undesignated matter following 
                        subparagraph (E), by striking ``public 
                        inspection and copying current'' and inserting 
                        ``public inspection in an electronic format 
                        current'';
                    (B) in paragraph (4)(A), by striking clause (viii) 
                and inserting the following:
            ``(viii)(I) Except as provided in subclause (II), an agency 
        shall not assess any search fees (or in the case of a requester 
        described under clause (ii)(II) of this subparagraph, 
        duplication fees) under this subparagraph if the agency has 
        failed to comply with any time limit under paragraph (6).
            ``(II)(aa) If an agency has determined that unusual 
        circumstances apply (as the term is defined in paragraph 
        (6)(B)) and the agency provided a timely written notice to the 
        requester in accordance with paragraph (6)(B), a failure 
        described in subclause (I) is excused for an additional 10 
        days. If the agency fails to comply with the extended time 
        limit, the agency may not assess any search fees (or in the 
        case of a requester described under clause (ii)(II) of this 
        subparagraph, duplication fees).
            ``(bb) If an agency has determined that unusual 
        circumstances apply and more than 50,000 pages are necessary to 
        respond to the request, an agency may charge search fees (or in 
        the case of a requester described under clause (ii)(II) of this 
        subparagraph, duplication fees) if the agency has provided a 
        timely written notice to the requester in accordance with 
        paragraph (6)(B) and the agency has discussed with the 
        requester via written mail, electronic mail, or telephone (or 
        made not less than 3 good-faith attempts to do so) how the 
        requester could effectively limit the scope of the request in 
        accordance with paragraph (6)(B)(ii).
            ``(cc) If a court has determined that exceptional 
        circumstances exist (as that term is defined in paragraph 
        (6)(C)), a failure described in subclause (I) shall be excused 
        for the length of time provided by the court order.'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (A)(i), by striking 
                        ``making such request'' and all that follows 
                        through ``determination; and'' and inserting 
                        the following: ``making such request of--''
                            ``(I) such determination and the reasons 
                        therefor;
                            ``(II) the right of such person to seek 
                        assistance from the FOIA Public Liaison of the 
                        agency; and
                            ``(III) in the case of an adverse 
                        determination--
                                    ``(aa) the right of such person to 
                                appeal to the head of the agency, 
                                within a period determined by the head 
                                of the agency that is not less than 90 
                                days after the date of such adverse 
                                determination; and
                                    ``(bb) the right of such person to 
                                seek dispute resolution services from 
                                the FOIA Public Liaison of the agency 
                                or the Office of Government Information 
                                Services; and''; and
                            (ii) in subparagraph (B)(ii), by striking 
                        ``the agency.'' and inserting ``the agency, and 
                        notify the requester of the right of the 
                        requester to seek dispute resolution services 
                        from the Office of Government Information 
                        Services.''; and
                    (D) by adding at the end the following:
    ``(8)(A) An agency--
            ``(i) shall--
                    ``(I) withhold information under this section only 
                if--
                            ``(aa) the agency reasonably foresees that 
                        disclosure would harm an interest protected by 
                        an exemption described in subsection (b) or 
                        other provision of law; or
                            ``(bb) disclosure is prohibited by law; and
                    ``(II)(aa) consider whether partial disclosure of 
                information is possible whenever the agency determines 
                that a full disclosure of a requested record is not 
                possible; and
                    ``(bb) take reasonable steps necessary to segregate 
                and release nonexempt information; and
            ``(ii) may not--
                    ``(I) withhold information requested under this 
                section merely because the agency can demonstrate, as a 
                technical matter, that the records fall within the 
                scope of an exemption described in subsection (b); or
                    ``(II) withhold information requested under this 
                section merely because disclosure of the information 
                may be embarrassing to the agency or because of 
                speculative or abstract concerns.
    ``(B) Nothing in this paragraph requires disclosure of information 
that is otherwise prohibited from disclosure by law, or otherwise 
exempted from disclosure under subsection (b)(3).'';
            (2) in subsection (b), by amending paragraph (5) to read as 
        follows:
            ``(5) inter-agency or intra-agency memorandums or letters 
        that would not be available by law to a party other than an 
        agency in litigation with the agency, if the requested record 
        or information was created less than 25 years before the date 
        on which the request was made;'';
            (3) in subsection (e)
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``and to the Director of the 
                        Office of Government Information Services'' 
                        after ``United States'';
                            (ii) in subparagraph (N), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (O), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iv) by adding at the end the following:
            ``(P) the number of times the agency denied a request for 
        records under subsection (c); and
            ``(Q) the number of records that were made available for 
        public inspection in an electronic format under subsection 
        (a)(2).'';
                    (B) by striking paragraph (3) and inserting the 
                following:
    ``(3) Each agency shall make each such report available for public 
inspection in an electronic format. In addition, each agency shall make 
the raw statistical data used in each report available in a timely 
manner for public inspection in an electronic format, which shall be 
made available--
            ``(A) without charge, license, or registration requirement;
            ``(B) in an aggregated, searchable format; and
            ``(C) in a format that may be downloaded in bulk.'';
                    (C) in paragraph (4)--
                            (i) by striking ``Government Reform and 
                        Oversight'' and inserting ``Oversight and 
                        Government Reform'';
                            (ii) by inserting ``Homeland Security and'' 
                        before ``Governmental Affairs''; and
                            (iii) by striking ``April'' and inserting 
                        ``March''; and
                    (D) by striking paragraph (6) and inserting the 
                following:
    ``(6)(A) The Attorney General of the United States shall submit to 
the Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Judiciary of the Senate, and the 
President a report on or before March 1 of each calendar year, which 
shall include for the prior calendar year--
            ``(i) a listing of the number of cases arising under this 
        section;
            ``(ii) a listing of--
                    ``(I) each subsection, and any exemption, if 
                applicable, involved in each case arising under this 
                section;
                    ``(II) the disposition of each case arising under 
                this section; and
                    ``(III) the cost, fees, and penalties assessed 
                under subparagraphs (E), (F), and (G) of subsection 
                (a)(4); and
            ``(iii) a description of the efforts undertaken by the 
        Department of Justice to encourage agency compliance with this 
        section.
    ``(B) The Attorney General of the United States shall make--
            ``(i) each report submitted under subparagraph (A) 
        available for public inspection in an electronic format; and
            ``(ii) the raw statistical data used in each report 
        submitted under subparagraph (A) available for public 
        inspection in an electronic format, which shall be made 
        available--
                    ``(I) without charge, license, or registration 
                requirement;
                    ``(II) in an aggregated, searchable format; and
                    ``(III) in a format that may be downloaded in 
                bulk.'';
            (4) in subsection (g), in the matter preceding paragraph 
        (1), by striking ``publicly available upon request'' and 
        inserting ``available for public inspection in an electronic 
        format'';
            (5) in subsection (h)--
                    (A) in paragraph (1), by adding at the end the 
                following: ``The head of the Office shall be the 
                Director of the Office of Government Information 
                Services.'';
                    (B) in paragraph (2), by striking subparagraph (C) 
                and inserting the following:
            ``(C) identify procedures and methods for improving 
        compliance under this section.'';
                    (C) by striking paragraph (3) and inserting the 
                following:
    ``(3) The Office of Government Information Services shall offer 
mediation services to resolve disputes between persons making requests 
under this section and administrative agencies as a non-exclusive 
alternative to litigation and may issue advisory opinions at the 
discretion of the Office or upon request of any party to a dispute.''; 
and
                    (D) by adding at the end the following:
    ``(4)(A) Not less frequently than annually, the Director of the 
Office of Government Information Services shall submit to the Committee 
on Oversight and Government Reform of the House of Representatives, the 
Committee on the Judiciary of the Senate, and the President--
            ``(i) a report on the findings of the information reviewed 
        and identified under paragraph (2);
            ``(ii) a summary of the activities of the Office of 
        Government Information Services under paragraph (3), 
        including--
                    ``(I) any advisory opinions issued; and
                    ``(II) the number of times each agency engaged in 
                dispute resolution with the assistance of the Office of 
                Government Information Services or the FOIA Public 
                Liaison; and
            ``(iii) legislative and regulatory recommendations, if any, 
        to improve the administration of this section.
    ``(B) The Director of the Office of Government Information Services 
shall make each report submitted under subparagraph (A) available for 
public inspection in an electronic format.
    ``(C) The Director of the Office of Government Information Services 
shall not be required to obtain the prior approval, comment, or review 
of any officer or agency of the United States, including the Department 
of Justice, the Archivist of the United States, or the Office of 
Management and Budget before submitting to Congress, or any committee 
or subcommittee thereof, any reports, recommendations, testimony, or 
comments, if such submissions include a statement indicating that the 
views expressed therein are those of the Director and do not 
necessarily represent the views of the President.
    ``(5) The Director of the Office of Government Information Services 
may directly submit additional information to Congress and the 
President as the Director determines to be appropriate.
    ``(6) Not less frequently than annually, the Office of Government 
Information Services shall conduct a meeting that is open to the public 
on the review and reports by the Office and shall allow interested 
persons to appear and present oral or written statements at the 
meeting.'';
            (6) by striking subsections (i), (j), and (k), and 
        inserting the following:
    ``(i) The Government Accountability Office shall--
            ``(1) not later than 1 year after the date of enactment of 
        the FOIA Improvement Act of 2014 and every 2 years thereafter, 
        conduct audits of 3 or more administrative agencies on 
        compliance with and implementation of the requirements of this 
        section and issue reports detailing the results of such audits;
            ``(2) not later than 1 year after the date of enactment of 
        the FOIA Improvement Act of 2014 and every 2 years thereafter, 
        issue a report cataloging the number of exemptions described in 
        paragraphs (3) and (5) of subsection (b) and the use of such 
        exemptions by each agency;
            ``(3) not later than 1 year after the date of enactment of 
        the FOIA Improvement Act of 2014, conduct a study on the 
        methods Federal agencies use to reduce the backlog of requests 
        under this section and issue a report on the effectiveness of 
        those methods; and
            ``(4) submit copies of all reports and audits described in 
        this subsection to the Committee on Oversight and Government 
        Reform of the House of Representatives and the Committee on the 
        Judiciary of the Senate.
    ``(j)(1) Each agency shall designate a Chief FOIA Officer who shall 
be a senior official of such agency (at the Assistant Secretary or 
equivalent level).
    ``(2) The Chief FOIA Officer of each agency shall, subject to the 
authority of the head of the agency--
            ``(A) have agency-wide responsibility for efficient and 
        appropriate compliance with this section;
            ``(B) monitor implementation of this section throughout the 
        agency and keep the head of the agency, the chief legal officer 
        of the agency, and the Attorney General appropriately informed 
        of the agency's performance in implementing this section;
            ``(C) recommend to the head of the agency such adjustments 
        to agency practices, policies, personnel, and funding as may be 
        necessary to improve its implementation of this section;
            ``(D) review and report to the Attorney General, through 
        the head of the agency, at such times and in such formats as 
        the Attorney General may direct, on the agency's performance in 
        implementing this section;
            ``(E) facilitate public understanding of the purposes of 
        the statutory exemptions of this section by including concise 
        descriptions of the exemptions in both the agency's handbook 
        issued under subsection (g), and the agency's annual report on 
        this section, and by providing an overview, where appropriate, 
        of certain general categories of agency records to which those 
        exemptions apply;
            ``(F) offer training to agency staff regarding their 
        responsibilities under this section;
            ``(G) serve as the primary agency liaison with the Office 
        of Government Information Services and the Office of 
        Information Policy; and
            ``(H) designate 1 or more FOIA Public Liaisons.
    ``(3) The Chief FOIA Officer of each agency shall review, not less 
frequently than annually, all aspects of the administration of this 
section by the agency to ensure compliance with the requirements of 
this section, including--
            ``(A) agency regulations;
            ``(B) disclosure of records required under paragraphs (2) 
        and (8) of subsection (a);
            ``(C) assessment of fees and determination of eligibility 
        for fee waivers;
            ``(D) the timely processing of requests for information 
        under this section;
            ``(E) the use of exemptions under subsection (b); and
            ``(F) dispute resolution services with the assistance of 
        the Office of Government Information Services or the FOIA 
        Public Liaison.
    ``(k)(1) There is established in the executive branch the Chief 
FOIA Officers Council (referred to in this subsection as the 
`Council').
    ``(2) The Council shall be comprised of the following members:
            ``(A) The Deputy Director for Management of the Office of 
        Management and Budget.
            ``(B) The Director of the Office of Information Policy at 
        the Department of Justice.
            ``(C) The Director of the Office of Government Information 
        Services.
            ``(D) The Chief FOIA Officer of each agency.
            ``(E) Any other officer or employee of the United States as 
        designated by the Co-Chairs.
    ``(3) The Director of the Office of Information Policy at the 
Department of Justice and the Director of the Office of Government 
Information Services shall be the Co-Chairs of the Council.
    ``(4) The Administrator of General Services shall provide 
administrative and other support for the Council.
    ``(5)(A) The duties of the Council shall include the following:
            ``(i) Develop recommendations for increasing compliance and 
        efficiency under this section.
            ``(ii) Disseminate information about agency experiences, 
        ideas, best practices, and innovative approaches related to 
        this section.
            ``(iii) Identify, develop, and coordinate initiatives to 
        increase transparency and compliance with this section.
            ``(iv) Promote the development and use of common 
        performance measures for agency compliance with this section.
    ``(B) In performing the duties described in subparagraph (A), the 
Council shall consult on a regular basis with members of the public who 
make requests under this section.
    ``(6)(A) The Council shall meet regularly and such meetings shall 
be open to the public unless the Council determines to close the 
meeting for reasons of national security or to discuss information 
exempt under subsection (b).
    ``(B) Not less frequently than annually, the Council shall hold a 
meeting that shall be open to the public and permit interested persons 
to appear and present oral and written statements to the Council.
    ``(C) Not later than 10 business days before a meeting of the 
Council, notice of such meeting shall be published in the Federal 
Register.
    ``(D) Except as provided in subsection (b), the records, reports, 
transcripts, minutes, appendices, working papers, drafts, studies, 
agenda, or other documents that were made available to or prepared for 
or by the Council shall be made publicly available.
    ``(E) Detailed minutes of each meeting of the Council shall be kept 
and shall contain a record of the persons present, a complete and 
accurate description of matters discussed and conclusions reached, and 
copies of all reports received, issued, or approved by the Council. The 
minutes shall be redacted as necessary and made publicly available.''; 
and
            (7) by adding at the end the following:
    ``(m)(1) The Director of the Office of Management and Budget, in 
consultation with the Attorney General, shall ensure the operation of a 
consolidated online request portal that allows a member of the public 
to submit a request for records under subsection (a) to any agency from 
a single website. The portal may include any additional tools the 
Director of the Office of Management and Budget finds will improve the 
implementation of this section.
    ``(2) This subsection shall not be construed to alter the power of 
any other agency to create or maintain an independent online portal for 
the submission of a request for records under this section. The 
Director of the Office of Management and Budget shall establish 
standards for interoperability between the portal required under 
paragraph (1) and other request processing software used by agencies 
subject to this section.''.

SEC. 3. REVIEW AND ISSUANCE OF REGULATIONS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the head of each agency (as defined in section 
551 of title 5, United States Code) shall review the regulations of 
such agency and shall issue regulations on procedures for the 
disclosure of records under section 552 of title 5, United States Code, 
in accordance with the amendments made by section 2.
    (b) Requirements.--The regulations of each agency shall include 
procedures for engaging in dispute resolution through the FOIA Public 
Liaison and the Office of Government Information Services.

SEC. 4. PROACTIVE DISCLOSURE THROUGH RECORDS MANAGEMENT.

    Section 3102 of title 44, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4); and
            (2) by inserting after paragraph (1) the following:
            ``(2) procedures for identifying records of general 
        interest or use to the public that are appropriate for public 
        disclosure, and for posting such records in a publicly 
        accessible electronic format;''.

SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of 
this Act or the amendments made by this Act. The requirements of this 
Act and the amendments made by this Act shall be carried out using 
amounts otherwise authorized or appropriated.
                                                       Calendar No. 605

113th CONGRESS

  2d Session

                                S. 2520

_______________________________________________________________________

                                 A BILL

               To improve the Freedom of Information Act.

_______________________________________________________________________

                           November 20, 2014

                       Reported with an amendment
```