‘‘(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; 
‘‘(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
RE-
PORTS.—Each agency shall make each such report 
available in an electronic, publicly accessible format. 
In addition, each agency shall make the raw statis-
tical data used in its reports available in a timely 
manner in an electronic, publicly accessible format. 
Such data shall be— 
‘‘(A) made available without charge, li-
cense, or registration requirement; 
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‘‘(B) capable of being searched and aggre-
gated; 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 
‘‘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 
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and the President an annual report on or before 
March 1 of each calendar year which shall in-
clude for the prior calendar year— 
‘‘(i) a listing of the number of cases 
arising under this section; 
‘‘(ii) each subsection under this sec-
tion, each paragraph of the subsection, and 
any exemption, if applicable, involved in 
each case, the disposition of such case, and 
the cost, fees, and penalties assessed under 
subparagraphs (E), (F), and (G) of sub-
section (a)(4); and 
‘‘(iii) a description of the efforts un-
dertaken by the Department of Justice to 
encourage agency compliance with this sec-
tion. 
‘‘(B) 
ELECTRONIC
AVAILABILITY.—The 
Attorney General of the United States— 
‘‘(i) shall make each report described 
under subparagraph (A) available in an 
electronic, 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— 
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‘‘(I) 
made 
available 
without 
charge, license, or registration re-
quirement; 
‘‘(II) capable of being searched 
and aggregated; and 
‘‘(III) 
permitted 
to 
be 
downloaded, including downloaded in 
bulk.’’. 
(h) SEARCH
OR
DUPLICATION
FEES.—Section 
552(a)(4)(A)(viii) of title 5, United States Code, is amend-
ed by adding at the end the following new sentence: ‘‘Any 
agency that does assess search or duplication fees after 
failing to comply with a time limit under paragraph (6) 
shall provide written notice to the requester of the cir-
cumstance that justifies the fees. If an agency fails to pro-
vide such notice, the agency may not assess search or du-
plication fees.’’. 
(i) 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-
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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.’’. 
(j) 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). 
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‘‘(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, 
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 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 
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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— 
‘‘(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; 
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‘‘(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’). 
‘‘(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. 
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‘‘(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. 
‘‘(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. 
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‘‘(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-
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 
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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.’’. 
(k) REGULATIONS.— 
(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. 
(2) OFFICE
OF
GOVERNMENT
INFORMATION 
SERVICES REPORT.—Not later than 270 days after 
the date of the enactment of this Act, the Office of 
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Government Information Services shall submit to 
Congress a report on agency compliance with the re-
quirements of this subsection. 
(3) REPORT ON NONCOMPLIANCE.—The head 
of any agency that does not meet the requirements 
of paragraph (1) shall submit to Congress a report 
on the reason for noncompliance not later than 270 
days after the date of the enactment of this Act. 
(4) INSPECTOR
GENERAL
REVIEW
FOR
NON-
COMPLIANCE.—Any agency that fails to comply with 
the requirements of this subsection shall be reviewed 
by the Office of Inspector General of such agency 
for compliance with section 552 of title 5, United 
States Code. 
(5) AGENCY
DEFINED.—In this section, the 
term ‘‘agency’’ has the meaning given such term in 
section 552(f) of title 5, United States Code. 
SEC. 3. INSPECTOR GENERAL REVIEW; ADVERSE ACTIONS. 
(a) INSPECTOR GENERAL REVIEW.— 
(1) IN
GENERAL.—The Inspector General of 
each agency shall— 
(A) periodically review compliance with the 
requirements of section 552 of title 5, United 
States Code, including the timely processing of 
requests, assessment of fees and fee waivers, 
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and the use of exemptions under subsection (b) 
of such section; and 
(B) make recommendations the Inspector 
General determines to be necessary to the head 
of the agency, including recommendations for 
disciplinary action. 
(2) AGENCY DEFINED.—In this subsection, the 
term ‘‘agency’’ has the meaning given that term 
under section 552(f) of title 5, United States Code. 
(b) ADVERSE ACTIONS.—The withholding of infor-
mation in a manner inconsistent with the requirements of 
section 552 of title 5, United States Code (including any 
rules, regulations, or other implementing guidelines), as 
determined by the appropriate supervisor, shall be a basis 
for disciplinary action in accordance with subchapter I, II, 
or V of chapter 75 of such title, as the case may be. 
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. 
No additional funds are authorized to carry out the 
requirements of this Act and the amendments made by 
this Act. Such requirements shall be carried out using 
amounts otherwise authorized or appropriated. 
Æ 
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