HR 1309 RFS
‘‘(K) data on the 10 active administrative ap-
peals with the earliest filing dates pending at the 
agency as of September 30 of the preceding year, in-
cluding the number of business days that have 
elapsed since each request was initially received by 
the agency; 
‘‘(L) the number of expedited review requests 
received by the agency, the number that were grant-
ed and the number that were denied, the average 
and median number of days for adjudicating expe-
dited review requests, and the number of requests 
that adjudicated within the required 10 days; 
‘‘(M) the number of fee waiver requests that 
were granted and the number that were denied, and 
the average and median number of days for adjudi-
cating fee waiver determinations;’’. 
(b) AVAILABILITY OF RAW STATISTICAL DATA.— 
Section 552(e)(2) of title 5, United States Code, is amend-
ed by adding after the period the following: ‘‘In addition, 
each agency shall make the raw statistical data used in 
its reports available electronically to the public upon re-
quest.’’. 
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SEC. 10. OPENNESS OF AGENCY RECORDS MAINTAINED BY 
A PRIVATE ENTITY. 
Section 552(f) of title 5, United States Code, is 
amended by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(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 sub-
paragraph (A) that is maintained for an agency 
by an entity under a contract between the agen-
cy and the entity.’’. 
SEC. 11. OFFICE OF GOVERNMENT INFORMATION SERV-
ICES. 
(a) IN GENERAL.—Chapter 21 of title 44, United 
States Code, is amended by inserting after section 2119 
the following new section: 
‘‘§ 2120. Office of Government Information Services 
‘‘(a) IN GENERAL.—There is established in the Na-
tional Archives an office to be known as the ‘Office of Gov-
ernment Information Services’. 
‘‘(b) NATIONAL INFORMATION ADVOCATE.— 
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‘‘(1) IN GENERAL.—The Office of Government 
Information Services shall be under the supervision 
and direction of an official to be known as the ‘Na-
tional Information Advocate’ who shall report di-
rectly to the Archivist of the United States. 
‘‘(2) FUNCTIONS OF OFFICE.— 
‘‘(A) GUIDANCE FOR REQUESTERS.— 
‘‘(i) IN GENERAL.—The Office of Gov-
ernment Information Services shall pro-
vide, as a non-exclusive alternative to liti-
gation, guidance to FOIA requesters. 
‘‘(ii) TYPES OF GUIDANCE.—In pro-
viding such guidance, the Office shall pro-
vide informal guidance to requesters and 
may provide fact-finding reviews and opin-
ions to requesters. All reviews and opinions 
shall be non-binding and shall be initiated 
only on the request of FOIA requesters. 
‘‘(iii) 
AVAILABILITY.—Any 
written 
opinion issued pursuant to this section 
shall be available on the Internet in an in-
dexed, readily accessible format. 
‘‘(iv) FOIA REQUESTERS.—In this 
paragraph, the term ‘FOIA requester’ or 
‘requester’ means a person who has made 
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