IIB 
114TH CONGRESS 
2D SESSION 
H. R. 653 
IN THE SENATE OF THE UNITED STATES 
JANUARY 12, 2016 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend section 552 of title 5, United States Code (com-
monly known as the Freedom of Information Act), to 
provide for greater public access to information, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘FOIA Oversight and 
Implementation Act of 2016’’ or the ‘‘FOIA Act’’. 
SEC. 2. FREEDOM OF INFORMATION ACT AMENDMENTS. 
(a) ELECTRONIC ACCESSIBILITY.—Section 552 of 
title 5, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) by striking ‘‘for public inspection 
and copying’’ each place it appears and in-
serting ‘‘in an electronic, publicly acces-
sible format’’; 
(ii) by striking ‘‘; and’’ and inserting 
a semicolon; 
(iii) by striking subparagraph (E) and 
inserting the following new subparagraphs: 
‘‘(E) copies of all releasable records, regardless 
of form or format, that have been requested three or 
more times under paragraph (3); and 
‘‘(F) a general index of the records referred to 
under subparagraphs (D) and (E);’’; and 
(iv) in the matter following subpara-
graph (F) (as added by clause (iii) of this 
subparagraph)— 
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(I) by striking ‘‘subparagraph 
(D)’’ and inserting ‘‘subparagraphs 
(D) and (E)’’; 
(II) by striking ‘‘subparagraph 
(E)’’ and inserting ‘‘subparagraph 
(F)’’; and 
(B) in paragraph (7)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘that will take 
longer than ten days to process’’; and 
(II) by striking ‘‘; and’’ and in-
serting a semicolon; 
(ii) in subparagraph (B)— 
(I) by inserting ‘‘automated’’ 
after ‘‘provides’’; and 
(II) by striking the period at the 
end of clause (ii) and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(C) provide a name, phone number, and email 
address for an agency employee who can provide 
current information about the status of each request 
received.’’; 
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(2) in subsection (g), by striking ‘‘make publicly 
available upon request’’ and inserting ‘‘make avail-
able in an electronic, publicly accessible format’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(m) ELECTRONIC SUBMISSION OF REQUESTS.— 
‘‘(1) CONSOLIDATED
ONLINE
REQUEST
POR-
TAL.—The Director of the Office of Management 
and Budget, in consultation with the Attorney Gen-
eral, shall ensure the operation of a consolidated on-
line request portal that allows a member of the pub-
lic 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) RULE
OF
CONSTRUCTION.—This sub-
section shall not be construed to alter the power of 
any other agency to create or maintain an inde-
pendent 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 re-
quired under paragraph (1) and other request proc-
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essing software used by agencies subject to this sec-
tion. 
‘‘(3) EMAIL REQUEST REQUIRED.—At a min-
imum, each agency shall accept requests for records 
under subsection (a) through an email address and 
shall publish such email address on the website of 
the agency.’’. 
(b) PRESUMPTION OF OPENNESS.— 
(1) AMENDMENTS.—Section 552(b) of title 5, 
United States Code, is amended— 
(A) in paragraph (5), by inserting after 
‘‘with the agency’’ the following: ‘‘, excluding— 
‘‘(A) opinions that are controlling interpre-
tations of law; 
‘‘(B) final reports or memoranda created 
by an entity other than the agency, including 
other Governmental entities, at the request of 
the agency and used to make a final policy deci-
sion; 
‘‘(C) guidance documents used by the 
agency to respond to the public; and 
‘‘(D) records or information created 25 
years or more before the date on which a re-
quest is made under subsection (a)(3);’’; 
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(B) in paragraph (6), by striking ‘‘similar 
files’’ and inserting ‘‘personal information such 
as contact information or financial informa-
tion’’; and 
(C) in the matter following paragraph 
(9)— 
(i) by inserting before ‘‘Any reason-
ably segregable portion’’ the following: ‘‘An 
agency may not withhold information 
under this subsection unless such agency 
reasonably foresees that disclosure would 
cause specific identifiable harm to an inter-
est protected by an exemption, or if disclo-
sure is prohibited by law.’’; and 
(ii) by inserting before ‘‘If technically 
feasible,’’ the following: ‘‘For each record 
withheld in whole or in part under para-
graph (3), the agency shall identify the 
statute that exempts the record from dis-
closure.’’. 
(2) RULES OF CONSTRUCTION.— 
(A) INTELLIGENCE SOURCES AND METH-
ODS.—Nothing in the amendments made by 
this Act to section 552(b) of title 5, United 
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States Code, shall be construed to require the 
disclosure of information that— 
(i) is exempt under paragraph (1) of 
such section; or 
(ii) would adversely affect intelligence 
sources and methods that are protected by 
an exemption under such section. 
(B) PERSONAL PRIVACY.—For purposes of 
section 552(b)(6) of title 5, United States Code, 
as amended by this Act, the term ‘‘personal pri-
vacy’’ may not be construed to include the 
name of a Federal employee engaged in an offi-
cial duty of such employee. 
(3) EXEMPTION
DECISION
TRANSPARENCY.— 
Section 552(a)(6)(C)(i) of title 5, United States 
Code, is amended by striking the fourth sentence 
and inserting at the end the following: ‘‘Any notifi-
cation of denial or partial denial of any request for 
records under this subsection shall set forth each 
name and title or position of each person responsible 
for the denial or partial denial or any decision to 
withhold a responsive record under subsection (b).’’. 
(c) REQUESTS FROM CONGRESS.—Section 552(d) of 
title 5, United States Code, is amended by adding at the 
end the following: ‘‘In responding to requests from Con-
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gress for information, an agency may not assert that infor-
mation may be withheld from Congress under this sec-
tion.’’. 
(d) ASSESSMENT OF ATTORNEY FEES AND OTHER 
LITIGATION COSTS.—Section 552(a)(4)(E)(i) of title 5, 
United States Code, is amended by striking ‘‘The court 
may’’ and inserting ‘‘The court shall’’. 
(e) OFFICE OF GOVERNMENT INFORMATION SERV-
ICES.—Section 552 of title 5, United States Code, is 
amended— 
(1) in subsection (a)(4)(A)(i), by striking ‘‘the 
Director of the Office of Management and Budget’’ 
and inserting ‘‘the Director of the Office of Manage-
ment and Budget, in consultation with the Director 
of the Office of Government Information Services,’’; 
and 
(2) by amending subsection (h) to read as fol-
lows: 
‘‘(h) OFFICE OF GOVERNMENT INFORMATION SERV-
ICES.— 
‘‘(1) ESTABLISHMENT.—There is established 
the Office of Government Information Services with-
in the National Archives and Records Administra-
tion. The head of the Office is the Director of the 
Office of Government Information Services. 
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‘‘(2) REVIEW
OF
FOIA
POLICY, PROCEDURE, 
AND COMPLIANCE.—The Office of Government In-
formation Services shall— 
‘‘(A) review policies and procedures of 
agencies under this section; 
‘‘(B) review compliance with this section 
by agencies; 
‘‘(C) identify methods that improve compli-
ance under this section that may include— 
‘‘(i) the timely processing of requests 
submitted to agencies under this section; 
‘‘(ii) the system for assessing fees and 
fee waivers under this section; and 
‘‘(iii) the use of any exemption under 
subsection (b); and 
‘‘(D) review and provide guidance to agen-
cies on the use of fees and fee waivers. 
‘‘(3) MEDIATION
SERVICES.—The Office of 
Government Information Services shall offer medi-
ation services to resolve disputes between persons 
making requests under this section and 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 such mediation serv-
ices. 
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‘‘(4) SUBMISSION OF REPORT.— 
‘‘(A) IN GENERAL.—The Office of Govern-
ment Information Services shall not less than 
annually submit to the committees described in 
subparagraph (C) and the President a report on 
the findings from the information reviewed and 
identified under paragraph (2), a summary of 
the Office’s activities under paragraph (3) (in-
cluding any advisory opinions issued), and legis-
lative and regulatory recommendations to im-
prove the administration of this section. 
‘‘(B) ELECTRONIC
AVAILABILITY
OF
RE-
PORTS.—The Office shall make available any 
report submitted under subparagraph (A) in an 
electronic, publicly accessible format. 
‘‘(C) CONGRESSIONAL SUBMISSION OF RE-
PORT.—The committees described in this sub-
paragraph are the following: 
‘‘(i) The Committee on Oversight and 
Government Reform of the House of Rep-
resentatives. 
‘‘(ii) The Committees on Homeland 
Security and Governmental Affairs and the 
Judiciary of the Senate. 
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‘‘(D) DIRECT
SUBMISSION
OF
REPORTS 
AND TESTIMONY.—Any report submitted under 
subparagraph (A), any testimony, or any other 
communication to Congress shall be submitted 
directly to the committees and the President, 
without any requirement that any officer or em-
ployee outside of the Office of Government In-
formation Services, including the Archivist of 
the United States and the Director of the Of-
fice of Management and Budget, review such 
report, testimony, or other communication. 
‘‘(5) SUBMISSION
OF
ADDITIONAL
INFORMA-
TION.—The Director of the Office of Government 
Information Services may submit additional informa-
tion to Congress and the President that the Director 
determines to be appropriate. 
‘‘(6) ANNUAL MEETING REQUIRED.—Not less 
than once a year, the Office of Government Informa-
tion Services shall hold a meeting that is open to the 
public on the review and reports by the Office and 
permit interested persons to appear and present oral 
or written statements at such meeting.’’. 
(f) PUBLIC RESOURCES.—Section 552(a)(6) of title 
5, United States Code, is amended— 
(1) in subparagraph (A)— 
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(A) in clause (i), by striking ‘‘of such de-
termination and the reasons therefor, and of 
the right of such person to appeal to the head 
of the agency any adverse determination; and’’ 
and inserting the following: ‘‘of— 
‘‘(I) such determination and the rea-
sons therefor; 
‘‘(II) the right of such person to seek 
assistance from the agency FOIA Public 
Liaison; and 
‘‘(III) the right of such person to ap-
peal to the head of the agency any adverse 
determination, within a period determined 
by the agency that is not less than 90 days 
after the receipt of such adverse deter-
mination; and’’; and 
(B) in clause (ii), by striking the period at 
the end and inserting the following: ‘‘and the 
right of such person to seek dispute resolution 
services from the agency FOIA Public Liaison 
or the Office of Government Information Serv-
ices.’’; 
(2) in subparagraph (B)— 
(A) by redesignating clause (iv) as clause 
(v); and 
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(B) by inserting after clause (iii) the fol-
lowing new clause (iv): 
‘‘(iv) When an agency consults with 
an entity with substantial interests in the 
determination of a request (in this clause 
referred to as the ‘consulted entity’): 
‘‘(I) The agency shall notify the 
requestor of the consultation in writ-
ing, including each of the following: 
‘‘(aa) A brief description of 
the consultation process. 
‘‘(bb) The name of each con-
sulted entity, unless otherwise 
prohibited by law. 
‘‘(cc) An approximate num-
ber of pages, or other description 
of the volume of records, that 
each consulted entity is review-
ing. 
‘‘(II) The agency shall notify the 
consulted entity of the need to consult 
in writing, including each of the fol-
lowing: 
‘‘(aa) An approximate num-
ber of pages, or other description 
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of the volume of records, that the 
entity is requested to review. 
‘‘(bb) A request to provide a 
complete response within 15 days 
after the date on which the noti-
fication is sent and a notice that 
after the expiration of that time 
period the agency will proceed 
with the compliance of the re-
quest if a completed response is 
not received. 
‘‘(cc) If the number of 
records in the consultation under 
this clause exceeds 3,000 pages, 
a notification that the consulted 
entity shall have 15 days after 
the date on which the notice is 
sent to submit a substantial re-
sponse and that a response on at 
least 3,000 pages not less than 
every 5 days thereafter is re-
quired to continue the consulta-
tion period. 
‘‘(dd) If the consulted entity 
is unable or anticipates that the 
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entity will be unable to complete 
the consultation within the time 
period described, a notification 
that the consulted entity may re-
quest mediation services at the 
Office of Government Informa-
tion Services to set an alternative 
consultation schedule. 
‘‘(III) If the requesting agency 
has not received a completed request 
within the time period described in 
the consultation notice, the agency 
shall request that the consulted entity 
engage in mediation services with the 
Office of Government Information 
Services. If the consulted entity is an 
agency, the consulted agency shall 
agree to participate in mediation serv-
ices. 
‘‘(IV) If the consulted entity re-
quests or agrees to engage in medi-
ation services, the requesting agency 
shall notify the requester of the medi-
ation and the opportunity to partici-
pate in the mediation, if participation 
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is not otherwise prohibited by law. 
The parties in the mediation shall de-
termine a reasonable schedule of com-
pletion and a date by which the re-
questing agency shall complete the re-
sponse to the request. 
‘‘(V) If the consulted entity does 
not respond or rejects the offer to me-
diate an alternative schedule, the re-
questing agency shall complete the re-
sponse to the requester. 
‘‘(VI) The previous provisions of 
this clause shall not apply when the 
consulted entity is an element of the 
intelligence community (as defined in 
section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4))).’’; 
and 
(3) in subparagraph (F), by striking ‘‘any such 
estimate to the person making the request, unless 
providing such estimate would harm an interest pro-
tected by the exemption in subsection (b) pursuant 
to which the denial is made.’’ and inserting the fol-
lowing: ‘‘to the person making the request the fol-
lowing: 
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‘‘(i) Any such estimate, unless providing such esti-
mate would harm an interest protected by the exemption 
in subsection (b) pursuant to which the denial is made. 
‘‘(ii) A list of all records requested the provision of 
which was denied, unless the disclosure of such record is 
prohibited by law.’’. 
(g) ADDITIONAL DISCLOSURE OF INFORMATION RE-
QUIREMENTS.—Section 552(a) of title 5, United States 
Code, is amended by adding at the end the following new 
paragraphs: 
‘‘(8) DISCLOSURE OF INFORMATION FOR INCREASED 
PUBLIC UNDERSTANDING OF THE GOVERNMENT.—Each 
agency shall— 
‘‘(A) review the records of such agency to deter-
mine whether the release of the records would be in 
the public interest because it is likely to contribute 
significantly to public understanding of the oper-
ations or activities of the Government; 
‘‘(B) for records determined to be in the public 
interest under subparagraph (A), reasonably seg-
regate and redact any information exempted from 
disclosure under subsection (b); and 
‘‘(C) make available in an electronic, publicly 
accessible format, any records identified in subpara-
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graph (A), as modified pursuant to subparagraph 
(B). 
‘‘(9) INCREASED DISCLOSURE OF INFORMATION.— 
Each agency shall— 
‘‘(A) make information public to the greatest 
extent possible through modern technology to— 
‘‘(i) inform the public of the operations 
and activities of the Government; and 
‘‘(ii) ensure timely disclosure of informa-
tion; and 
‘‘(B) establish procedures for identifying cat-
egories of records that may be disclosed regularly 
and additional records of interest to the public that 
are appropriate for public disclosure, and for posting 
such records in an electronic, publicly accessible for-
mat.’’. 
(h) REPORT ON CATEGORIES OF INFORMATION FOR 
DISCLOSURE.—Not later than 1 year after the date of the 
enactment of this Act, and every 2 years thereafter, the 
Director of the Office of Information Policy of the Depart-
ment of Justice, after consultation with agencies selected 
by the Director, shall submit to the Committee on Over-
sight and Government Reform of the House of Represent-
atives and the Committees on Homeland Security and 
Governmental Affairs and the Judiciary of the Senate a 
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report that identifies categories of records that would be 
appropriate for proactive disclosure, and shall make such 
report available in an electronic, publicly accessible for-
mat. 
(i) AGENCY FOIA REPORT.—Section 552(e) of title 
5, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘and to the Director of 
the Office of Government Information Services’’ 
after ‘‘the Attorney General of the United 
States’’; 
(B) in subparagraph (N), by striking ‘‘; 
and’’ and inserting a semicolon; 
(C) in subparagraph (O), by striking the 
period and inserting a semicolon; and 
(D) by adding at the end the following new 
subparagraphs: 
‘‘(P) the number of times the agency invoked a 
law enforcement exclusion under subsection (c); 
‘‘(Q) the number of times the agency engaged 
in dispute resolution with the assistance of the Of-
fice of Government Information Services or the 
FOIA Public Liaison; 
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‘‘(R) the number of records that were made 
available in an electronic, publicly accessible format 
under subsection (a)(2); and 
‘‘(S) the number of times the agency assessed 
a search or duplication fee under subsection 
(a)(4)(A) and did not comply with a time limit 
under subsection (a)(6).’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) ELECTRONIC ACCESSIBILITY OF REPORTS.— 
Each agency shall make each such report available in an 
electronic, publicly accessible format. In addition, each 
agency shall make the raw statistical data used in its re-
ports available in a timely manner in an electronic, pub-
licly accessible format. Such data shall be— 
‘‘(A) made available without charge, license, or 
registration requirement; 
‘‘(B) capable of being searched and aggregated; 
and 
‘‘(C) 
permitted 
to 
be 
downloaded 
and 
downloaded in bulk.’’; 
(3) in paragraph (4)— 
(A) by striking ‘‘Committee on Govern-
ment Reform and Oversight’’ and inserting 
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‘‘Committee on Oversight and Government Re-
form’’; 
(B) by striking ‘‘Governmental Affairs’’ 
and inserting ‘‘Homeland Security and Govern-
mental Affairs’’; and 
(C) by striking ‘‘April 1’’ and inserting 
‘‘March 1’’; 
(4) in paragraph (5)— 
(A) by inserting ‘‘and the Director of the 
Office of Government Information Services’’ 
after ‘‘the Director of the Office of Manage-
ment and Budget’’; and 
(B) by striking ‘‘by October 1, 1997’’; and 
(5) by amending paragraph (6) to read as fol-
lows: 
‘‘(6) ATTORNEY GENERAL FOIA REPORT.— 
‘‘(A) IN GENERAL.—The Attorney General of 
the United States shall submit to Congress and the 
President an annual 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 aris-
ing under this section, including for each case, 
as applicable— 
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‘‘(I) each subsection under this sec-
tion; 
‘‘(II) each paragraph of each such 
subsection; 
‘‘(III) any exemption; 
‘‘(IV) the disposition of such case; 
and 
‘‘(V) the cost, fees, and penalties as-
sessed under subparagraphs (E), (F), and 
(G) of subsection (a)(4); and 
‘‘(ii) a description of the efforts under-
taken by the Department of Justice to encour-
age agency compliance with this section. 
‘‘(B) ELECTRONIC AVAILABILITY.—The Attor-
ney General of the United States— 
‘‘(i) shall make each report described 
under subparagraph (A) available in an elec-
tronic, publicly accessible format; and 
‘‘(ii) shall make the raw statistical data 
used in each report available in an electronic, 
publicly accessible format, which shall be— 
‘‘(I) made available without charge, li-
cense, or registration requirement; 
‘‘(II) capable of being searched and 
aggregated; and 
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clause (ii)(II) of this subparagraph, duplication fees) if the 
agency has provided a timely written notice to the re-
quester 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 ef-
fectively limit the scope of the request in accordance with 
paragraph (6)(B)(ii). 
‘‘(cc) If a court has determined that exceptional cir-
cumstances exist (as that term is defined in paragraph 
(6)(C)), a failure described in subclause (I) shall be ex-
cused for the length of time provided by the court order. 
‘‘(ix) When assessing or estimating fees, agencies 
shall provide a detailed explanation of the fee calculation, 
including— 
‘‘(I) the actual or estimated number, as appro-
priate, of— 
‘‘(aa) records duplicated; 
‘‘(bb) hours of searching; 
‘‘(cc) files searched; 
‘‘(dd) records searched; 
‘‘(ee) custodians searched; 
‘‘(ff) records reviewed; and 
‘‘(gg) hours of review; 
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‘‘(II) citations to the fee schedule for each cat-
egory of fee assessed; and 
‘‘(III) in the case of an estimate, the basis for 
such estimate.’’. 
(k) GOVERNMENT ACCOUNTABILITY OFFICE.—Sub-
section (i) of section 552 of title 5, United States Code, 
is amended to read as follows: 
‘‘(i) GOVERNMENT ACCOUNTABILITY OFFICE.—The 
Government Accountability Office shall— 
‘‘(1) conduct audits of administrative agencies 
on compliance with and implementation of the re-
quirements of this section and issue reports detailing 
the results of such audits; 
‘‘(2) catalog the number of exemptions under 
subsection (b)(3) and agency use of such exemp-
tions; and 
‘‘(3) review and prepare a report on the proc-
essing of requests by agencies for information per-
taining to an entity that has received assistance 
under title I of the Emergency Economic Stabiliza-
tion Act of 2008 (12 U.S.C. 5211 et seq.) during 
any period in which the Government owns or owned 
more than 50 percent of the stock of such entity.’’. 
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(l) CHIEF FOIA OFFICER RESPONSIBILITIES; COUN-
CIL; REVIEW.—Section 552 of title 5, United States Code, 
is amended— 
(1) by striking subsections (j) and (k); and 
(2) by inserting after subsection (i), the fol-
lowing new subsections: 
‘‘(j) CHIEF FOIA OFFICER.— 
‘‘(1) DESIGNATION.—Each agency shall des-
ignate a Chief FOIA Officer who shall be a senior 
official of such agency (at the Assistant Secretary or 
equivalent level). 
‘‘(2) DUTIES.—The Chief FOIA Officer of each 
agency shall, subject to the authority of the head of 
the agency— 
‘‘(A) have agency-wide responsibility for ef-
ficient and appropriate compliance with this 
section; 
‘‘(B) monitor implementation of this sec-
tion 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 imple-
menting this section; 
‘‘(C) recommend to the head of the agency 
such adjustments to agency practices, policies, 
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personnel, and funding as may be necessary to 
improve the 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 perform-
ance 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 gen-
eral categories of agency records to which those 
exemptions apply; 
‘‘(F) serve as the primary agency liaison 
with the Office of Government Information 
Services and the Office of Information Policy; 
and 
‘‘(G) designate one or more FOIA Public 
Liaisons. 
‘‘(3) COMPLIANCE
REVIEW
REQUIRED.—The 
Chief FOIA Officer of each agency shall— 
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‘‘(A) review, not less than annually, all as-
pects of the agency’s administration of this sec-
tion to ensure compliance with the requirements 
of this section, including— 
‘‘(i) agency regulations; 
‘‘(ii) disclosure of records required 
under paragraphs (2), (8), and (9) of sub-
section (a); 
‘‘(iii) assessment of fees and deter-
mination of eligibility for fee waivers; 
‘‘(iv) the timely processing of requests 
for information under this section; 
‘‘(v) the use of exemptions under sub-
section (b); and 
‘‘(vi) dispute resolution services with 
the assistance of the Office of Government 
Information Services or the FOIA Public 
Liaison; and 
‘‘(B) make recommendations as necessary 
to improve agency practices and compliance 
with this section. 
‘‘(k) CHIEF FOIA OFFICERS COUNCIL.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the executive branch the Chief FOIA Officers Coun-
cil (in this subsection, referred to as the ‘Council’). 
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‘‘(2) MEMBERS.—The Council shall consist of 
the following members: 
‘‘(A) The Deputy Director for Manage-
ment of the Office of Management and Budget. 
‘‘(B) The Director of the Office of Infor-
mation Policy at the Department of Justice. 
‘‘(C) The Director of the Office of Govern-
ment Information Services at the National Ar-
chives and Records Administration. 
‘‘(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) CO-CHAIRS.—The Director of the Office of 
Information Policy at the Department of Justice and 
the Director of the Office of Government Informa-
tion Services at the National Archives and Records 
Administration shall be the Co-Chairs of the Coun-
cil. 
‘‘(4) SUPPORT SERVICES.—The Administrator 
of General Services shall provide administrative and 
other support for the Council. 
‘‘(5) CONSULTATION.—In performing its duties, 
the Council shall consult regularly with members of 
the public who make requests under this section. 
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‘‘(6) DUTIES.—The duties of the Council in-
clude the following: 
‘‘(A) Develop recommendations for increas-
ing compliance and efficiency under this sec-
tion. 
‘‘(B) Disseminate information about agen-
cy experiences, ideas, best practices, and inno-
vative approaches related to this section. 
‘‘(C) Identify, develop, and coordinate ini-
tiatives to increase transparency and compli-
ance with this section. 
‘‘(D) Promote the development and use of 
common performance measures for agency com-
pliance with this section. 
‘‘(7) MEETINGS.— 
‘‘(A) REGULAR
MEETINGS.—The Council 
shall meet regularly and such meetings shall be 
open to the public unless the Council deter-
mines to close the meeting for reasons of na-
tional security or to discuss information exempt 
under subsection (b). 
‘‘(B) ANNUAL MEETINGS.—Not less than 
once a year, the Council shall hold a meeting 
that shall be open to the public and permit in-
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terested persons to appear and present oral and 
written statements to the Council. 
‘‘(C) NOTICE.—Not later than 10 business 
days before a meeting of the Council, notice of 
such meeting shall be published in the Federal 
Register. 
‘‘(D) PUBLIC
AVAILABILITY
OF
COUNCIL 
RECORDS.—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. 
‘‘(E) MINUTES.—Detailed minutes of each 
meeting of the Council shall be kept and shall 
contain a record of the persons present, a com-
plete and accurate description of matters dis-
cussed and conclusions reached, and copies of 
all reports received, issued, or approved by the 
Council.’’. 
(m) EXCLUDED RECORDS.—Section 552(c) of title 5, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(4) An agency shall notify the Department of Jus-
tice in each instance records responsive to a request have 
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been identified that the agency determines are not subject 
to the requirements of this section under paragraph (1), 
(2), or (3) and shall provide the Department of Justice 
with a detailed justification for such determination for 
each such instance. The Department of Justice shall main-
tain records of each notification and justification received. 
An agency may treat records created under this paragraph 
as not subject to the requirements under this section.’’. 
(n) AGENCY PERFORMANCE; ADVERSE ACTIONS.— 
(1) IN
GENERAL.—Section 552 of title 5, 
United States Code, is further amended by adding 
at the end the following new subsection: 
‘‘(n) AGENCY PERFORMANCE.— 
‘‘(1) PERFORMANCE
REVIEWS.—Performance 
appraisals under chapter 43 of this title shall include 
consideration of the employee’s responsibility for, 
and compliance with, this section as appropriate. 
‘‘(2) AGENCY-WIDE
TRAINING.—Each agency 
shall ensure agency employees receive annual train-
ing on the responsibilities of the agency under this 
section, including the specific responsibilities of each 
employee, such as responding promptly to requests 
for records and providing all records that may be re-
sponsive to the request. 
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‘‘(3) FOIA OFFICER TRAINING.—Each agency 
shall ensure agency employees directly responsible 
for fulfilling the requirements under this section re-
ceive annual training on such requirements. The an-
nual training shall include statutory requirements 
(such as time limits to respond to requests for 
records, limitations on exemptions, and opportunities 
for discretionary disclosure) and any changes to this 
section or any interpretation of this section (such as 
a regulation issued under this section). 
‘‘(4) VIOLATION OF FOIA.— 
‘‘(A) INTENTIONAL.—An intentional viola-
tion of any provision of this section, including 
any rule, regulation, or other implementing 
guideline, by an officer or employee of an agen-
cy, as determined by the appropriate supervisor, 
shall be forwarded to the Inspector General of 
the agency for a verification of the violation, 
and upon verification, such officer or employee 
shall be subject to the suspension and removal 
provisions under subchapter II or V of chapter 
75. 
‘‘(B) 
UNAUTHORIZED
WITHHOLDING.— 
The withholding of information in contravention 
of the requirements of this section, including 
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any rule, regulation, or other implementing 
guideline, as determined by the appropriate su-
pervisor, shall be a basis for disciplinary action 
in accordance with subchapter I, II, or V of 
chapter 75, as the case may be.’’. 
(2) REGULATIONS.—The Office of Personnel 
Management shall ensure that any performance ap-
praisal system established pursuant to chapter 43 of 
title 5, United States Code, shall include the require-
ments of section 552(n)(1) of such title (as added by 
paragraph (1)). 
(o) REGULATIONS; GAO STUDY; SYSTEM OF RECORD 
NOTICE.— 
(1) REVISION
OF
REGULATIONS.—Not later 
than 180 days after the date of the enactment of 
this Act, the head of each agency shall review the 
regulations of such agency and shall issue regula-
tions on procedures for the disclosure of records 
under section 552 of title 5, United States Code, in 
accordance with the amendments made by this sec-
tion. The regulations of each agency shall include— 
(A) procedures for engaging in dispute res-
olution; and 
(B) procedures for engaging with the Of-
fice of Government Information Services. 
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