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 
a request under section 552 of this title 
and who has been denied records or has 
not received a timely response to the re-
quest or to an administrative appeal. 
‘‘(B) 
ANALYSES
OF
AGENCY
OPER-
ATIONS.—The Office of Government Informa-
tion Services shall— 
‘‘(i) review polices and procedures of 
administrative agencies under section 552 
of this title and compliance with that sec-
tion by administrative agencies; and 
‘‘(ii) recommend policy changes to 
Congress and the President to improve the 
administration of section 552 of this title, 
including whether agencies are receiving 
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and expending adequate funds to ensure 
compliance with that section. 
‘‘(3) IMPACT ON REQUESTER ACCESS TO LITI-
GATION.—Nothing in this section shall affect the 
right of requesters to seek judicial review as de-
scribed in section 552 of this title.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 21 of title 44, United 
States Code, is amended by inserting after the item relat-
ing to section 2119 the following: 
‘‘2120. Office of Government Information Services.’’. 
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; 
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(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— 
(1) whether changes to executive branch per-
sonnel policies could be made that would— 
(A) provide greater encouragement to all 
Federal employees to fulfill their duties under 
section 552 of title 5, United States Code; and 
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(B) enhance the stature of officials admin-
istering that section within the executive 
branch; 
(2) whether performance of compliance with 
section 552 of title 5, United States Code, should be 
included as a factor in personnel performance eval-
uations for any or all categories of Federal employ-
ees and officers; 
(3) whether an employment classification series 
specific to compliance with sections 552 and 552a of 
title 5, United States Code, should be established; 
(4) whether the highest level officials in par-
ticular agencies administering such sections should 
be paid at a rate of pay equal to or greater than a 
particular minimum rate; 
(5) whether other changes to personnel policies 
can be made to ensure that there is a clear career 
advancement track for individuals interested in de-
voting themselves to a career in compliance with 
such sections; and 
(6) whether the executive branch should require 
any or all categories of Federal employees to under-
take awareness training of such sections. 
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