‘‘(G)(i) If an agency fails to comply with the applica-
ble time limit provisions of this paragraph with respect 
to a request, the agency may not assert any exemption 
under subsection (b) to that request, unless disclosure—
‘‘(I) would endanger the national security of the 
United States; 
‘‘(II) would disclose personal private informa-
tion protected by section 552a or proprietary infor-
mation; or 
‘‘(III) is otherwise prohibited by law. 
‘‘(ii) A court may waive the application of clause (i) 
if the agency demonstrates by clear and convincing evi-
dence that there was good cause for the failure to comply 
with the applicable time limit provisions.’’. 
(2) EFFECTIVE DATE AND APPLICATION.—The 
amendment made by this subsection shall take effect 
1 year after the date of enactment of this Act and 
apply to requests for information under section 552 
of title 5, United States Code, filed on or after that 
effective date. 
SEC. 7. INDIVIDUALIZED TRACKING NUMBERS FOR RE-
QUESTS AND STATUS INFORMATION. 
(a) IN GENERAL.—Section 552(a) of title 5, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘(7) Each agency shall—
‘‘(A) establish a system to assign an individual-
ized tracking number for each request for informa-
tion under this section; 
‘‘(B) not later than 10 days after receiving a 
request, provide each person making a request with 
the tracking number assigned to the request; and 
‘‘(C) establish a telephone line or Internet serv-
ice that provides information about the status of a 
request to the person making the request using the 
assigned tracking number, including—
‘‘(i) the date on which the agency origi-
nally received the request; and 
‘‘(ii) an estimated date on which the agen-
cy will complete action on the request.’’. 
(b) EFFECTIVE
DATE
AND
APPLICATION.—The 
amendment made by this section shall take effect 1 year 
after the date of enactment of this Act and apply to re-
quests for information under section 552 of title 5, United 
States Code, filed on or after that effective date. 
SEC. 8. SPECIFIC CITATIONS IN EXEMPTIONS. 
Section 552(b) of title 5, United States Code, is 
amended by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) specifically exempted from disclosure by 
statute (other than section 552b of this title), pro-
vided that such statute—
‘‘(A) if enacted after the date of enactment 
of the Openness Promotes Effectiveness in our 
National Government Act of 2005, specifically 
cites to this section; and 
‘‘(B)(i) requires that the matters be with-
held from the public in such a manner as to 
leave no discretion on the issue; or 
‘‘(ii) establishes particular criteria for 
withholding or refers to particular types of mat-
ters to be withheld;’’. 
SEC. 9. REPORTING REQUIREMENTS. 
Section 552(e)(1) of title 5, United States Code, is 
amended—
(1) in subparagraph (F), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (G), by striking the period 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(H) data on the 10 active requests with the 
earliest filing dates pending at each agency, includ-
ing the amount of time that has elapsed since each 
request was originally filed;
‘‘(I) the average number of days for the agency 
to respond to a request beginning the date on which 
the request was originally filed, the median number 
of days for the agency to respond to such requests, 
and the range in number of days for the agency to 
respond to such requests; and 
‘‘(J) the number of fee status requests that are 
granted and denied, and the average number of days 
for adjudicating fee status determinations. 
When reporting the total number of requests filed, agen-
cies shall distinguish between first person requests for per-
sonal records and other kinds of requests, and shall pro-
vide a total number for each category of requests.’’. 
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 5 of title 5, United 
States Code, is amended—
(1) by redesignating section 596 as section 597; 
and 
(2) by inserting after section 595 the following: 
‘‘§ 596. Office of Government Information Services 
‘‘(a) There is established the Office of Government 
Information Services within the Administrative Con-
ference of the United States. 
‘‘(b) The Office of Government Information Services 
shall—
‘‘(1) review policies and procedures of adminis-
trative agencies under section 552 and compliance 
with that section by administrative agencies; 
‘‘(2) conduct audits of administrative agencies 
on such policies and compliance and issue reports 
detailing the results of such audits; 
‘‘(3) recommend policy changes to Congress 
and the President to improve the administration of
section 552, including whether agencies are receiving 
and expending adequate funds to ensure compliance 
with that section; and 
‘‘(4) offer mediation services between persons 
making requests under section 552 and administra-
tive agencies as a non-exclusive alternative to litiga-
tion and, at the discretion of the Office, issue advi-
sory opinions if mediation has not resolved the dis-
pute.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 5 of title 5, United States 
Code, is amended by striking the item relating to section 
596 and inserting the following:
‘‘596. Office of Government Information Services. 
‘‘597. Authorization of appropriations.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of enact-
ment of this Act. 
SEC. 12. ACCESSIBILITY OF CRITICAL INFRASTRUCTURE 
INFORMATION. 
(a) IN GENERAL.—Not later than January 1 of each 
of the 3 years following the date of the enactment of this 
Act, the Comptroller General of the United States shall 
submit to Congress a report on the implementation and 
use of section 214 of the Homeland Security Act of 2002 
(6 U.S.C. 133), including—
(1) the number of persons in the private sector, 
and the number of State and local agencies, that vol-
untarily furnished records to the Department under 
this section; 
(2) the number of requests for access to records 
granted or denied under this section; 
(3) such recommendations as the Comptroller 
General considers appropriate regarding improve-
ments in the collection and analysis of sensitive in-
formation held by persons in the private sector, or 
by 
State 
and 
local 
agencies, 
relating 
to 
vulnerabilities of and threats to critical infrastruc-
ture, including the response to such vulnerabilities 
and threats; and 
(4) an examination of whether the nondisclo-
sure of such information has led to the increased 
protection of critical infrastructure. 
(b) FORM.—The report shall be submitted in unclas-
sified form, but may include a classified annex. 
SEC. 13. REPORT ON PERSONNEL POLICIES RELATED TO 
FOIA. 
Not later than 1 year after the date of enactment 
of this Act, the Office of Personnel Management shall sub-
mit to Congress a report that examines—