FOIA Act

Bill: 113-hr-1211
Sponsor: Rep. Issa, Darrell E. [R-CA-49]
Introduced: 2013-03-15 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Advisory bodies
Congressional oversight
Executive agency funding and structure
Federal officials
Freedom of information
Government ethics and transparency, public corruption
Government information and archives
Government studies and investigations
National Archives and Records Administration
Performance measurement
User charges and fees

Summary:
action_date: 2013-03-15
text: 
FOIA Oversight and Implementation Act of 2013 or the FOIA Act - Amends the Freedom of Information Act (FOIA) to: 
 
 
 require federal agencies to make public information disclosed under FOIA available in an electronic, publicly accessible format; 
 
 require the Office of Management and Budget (OMB) to ensure the existence and operation of a single, free website for submitting requests for records and receiving automated information about the status of a FOIA request; 
 
revise the standard for exempting information under FOIA to require foreseeable harm from disclosure (presumption of openess);
 
 expand the functions and reporting requirements of the Office of Government Information Services;
 
expand the rights of individuals making a FOIA request to appeal an adverse determination; 
 
require agencies to determine whether the release of agency records would contribute significantly to public understanding of the operations or activities of government;
 
 require agencies to submit annual FOIA reports to the Director of the Office of Government Information Services, in addition to the Attorney General; 
 
 expand the duties of the Chief FOIA Officer of each agency to require an annual compliance review of FOIA requirements; and 
 
establish the Chief FOIA Officers Council to develop recommendations for increasing compliance with FOIA requirements.
 
 
Requires OMB to establish a three-year pilot program to review the benefits of 

 FOIAonline to process requests and release information as required by FOIA.

action_date: 2013-07-16
text: 
FOIA Oversight and Implementation Act of 2013 or the FOIA Act - (Sec. 2) Amends the Freedom of Information Act (FOIA) to:
 
 
require federal agencies to make public information disclosed under FOIA available in an electronic, publicly accessible format;
 
require the Office of Management and Budget (OMB) to ensure the existence and operation of a single, free website for submitting requests for records and receiving automated information about the status of a FOIA request;
 
revise the standard for exempting information under FOIA to require foreseeable harm from disclosure (presumption of openess);
 
expand the functions and reporting requirements of the Office of Government Information Services;
 
expand the rights of individuals making a FOIA request to appeal an adverse determination;
 
require agencies to determine whether the release of agency records would contribute significantly to public understanding of the operations or activities of government;
 
require agencies to document additional search or duplication fees;
 
require agencies to submit annual FOIA reports to the Director of the Office of Government Information Services, in addition to the Attorney General;
 
expand the duties of the Chief FOIA Officer of each agency to require an annual compliance review of FOIA requirements;
 
establish the Chief FOIA Officers Council to develop recommendations for increasing compliance with FOIA requirements; and
 
require each agency to update its FOIA regulations within 180 days of the enactment of this Act.
 
 
(Sec. 3) Requires: (1) OMB to establish a three-year pilot program to review the benefits of FOIAonline (the electronic online portal FOIAonline.regulations.gov) to process requests and release information as required by FOIA, (2) OMB to establish a plan to evaluate FOIAonline at no less than three agencies that have not previously participated in FOIAonline, and (3) the head of each federal agency participating in the pilot program to report to Congress on the impact of the program on agency processes under FOIA and whether the agency will continue to participate in FOIAonline.
 
(Sec. 4) Requires the Inspector General of each federal agency to: (1) periodically review compliance with FOIA disclosure requirements, including the timely processing of requests, assessment of fees and fee waivers, and the use of disclosure exemptions; and (2) make recommendations to the head of an agency, including recommendations for disciplinary action. Makes the improper withholding of information under FOIA a basis for disciplinary action. 

action_date: 2014-02-25
text: 
FOIA Oversight and Implementation Act of 2014 or the FOIA ACT - (Sec. 2) Amends the Freedom of Information Act (FOIA) to:
 
 
require federal agencies to make disclosable public records available in an electronic, publicly accessible format; 
 
require the Office of Management and Budget (OMB) to ensure the existence and operation of a single, free website for submitting requests for records, receiving automated information about the status of a FOIA request, and filing appeals; 
 
prohibit an agency from withholding information under FOIA unless such agency reasonably foresees that disclosure would cause specific identifiable harm to an interest protected by an exemption under FOIA or if disclosure is prohibited by law (presumption of openess); 
 
expand the functions and reporting requirements of the Office of Government Information Services within the National Archives and Record Administration (NARA); 
 
require the Office of Government Information Services to offer mediation services to resolve disputes concerning the disclosure of information under FOIA; 
 
expand the rights of individuals making a FOIA request to appeal an adverse determination; 
 
require agencies to determine whether the release of agency records would contribute significantly to public understanding of the operations or activities of government; 
 
require agencies to document additional search or duplication fees; 
 
require agencies to submit annual FOIA reports to the Director of the Office of Government Information Services, in addition to the Attorney General; 
 
expand the duties of the Chief FOIA Officer of each agency to require an annual compliance review of FOIA requirements; 
 
establish the Chief FOIA Officers Council to develop recommendations for increasing compliance with FOIA requirements; and 
 
require each agency to update its FOIA regulations within 180 days of the enactment of this Act. 

 
Requires the Director of the Office of Information Policy of the Department of Justice (DOJ) to submit biennial reports to the House Committee on Oversight and Government Reform and the Senate Committees on Homeland Security and Governmental Affairs and the Judiciary identifying categories of records that would be appropriate for proactive disclosure under FOIA.
 
(Sec. 3) Requires OMB to establish: (1) a three-year pilot program to review the benefits of a centralized portal to process requests and release information as required by FOIA, and (2) a plan to evaluate the functionality and benefits of such a portal to receive and track FOIA requests by selecting no fewer than three agencies that have not previously participated in such a portal.
 
Requires the head of each federal agency participating in the pilot program to: (1) report to Congress on the impact of the program on agency processes under FOIA and on whether the agency will continue to participate in the centralized portal, and (2) make such report available in an electronic, publicly accessible format.
 
(Sec. 4) Requires the Inspector General of each federal agency to: (1) periodically review compliance with FOIA disclosure requirements, including the timely processing of requests, the assessment of fees and fee waivers, and the use of disclosure exemptions; and (2) make recommendations to the head of an agency, including recommendations for disciplinary action. Makes the improper withholding of information under FOIA a basis for disciplinary action.
 
(Sec. 5) Directs the Archivist of the Untied States to establish an Open Government Advisory Committee as an independent advisory committee to make recommendations for improving government transparency.
 
(Sec. 6) Prohibits the authorization of additional funds to carry out the requirements of this Act.


Legislative actions:
action_date: 2014-02-26
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2014-02-25
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 0 (Roll no. 63). (text: CR H1887-1890)
action_date: 2014-02-25
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 0 (Roll no. 63).(text: CR H1887-1890)
action_date: 2014-02-25
text: Considered as unfinished business. (consideration: CR H1921-1922)
action_date: 2014-02-25
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2014-02-25
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1211.
action_date: 2014-02-25
text: Considered under suspension of the rules. (consideration: CR H1887-1891)
action_date: 2014-02-25
text: Mr. Issa moved to suspend the rules and pass the bill, as amended. (consideration: CR H1887)
action_date: 2013-07-16
text: Placed on the Union Calendar, Calendar No. 112.
action_date: 2013-07-16
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 113-155.
action_date: 2013-07-16
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 113-155.
action_date: 2013-03-20
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2013-03-20
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-03-15
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2013-03-15
text: Introduced in House
action_date: 2013-03-15
text: Introduced in House