FOIA Improvement Act of 2016

Bill: 114-s-337
Sponsor: Sen. Cornyn, John [R-TX]
Introduced: 2015-02-02 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Administrative remedies
Alternative dispute resolution, mediation, arbitration
Congressional oversight
Executive agency funding and structure
Federal officials
Freedom of information
Government information and archives
Government studies and investigations

Summary:
action_date: 2015-02-02
text: 

FOIA Improvement Act of 2015 

 
This bill makes changes to the Freedom of Information Act (FOIA) to provide the public with greater access to information and records that are disclosable under FOIA. 
 
The bill requires agencies, in administering FOIA, to: (1) make information disclosable under such Act available for public inspection in an electronic format, and (2) make available to the public records that have been requested three or more times (frequently requested records). 
 
The bill establishes a presumption of openness by prohibiting an agency from withholding information requested under FOIA unless: (1) the agency reasonably foresees that disclosure would harm an interest protected by a FOIA exemption, or (2) disclosure is prohibited by law. 
 
Agencies are prohibited from assessing search or duplication fees if they have failed to comply with a deadline for complying with a FOIA request unless unusual circumstances apply and more than 50,000 pages are necessary to respond to the request. 
 
The bill expands the authority and duties of Chief FOIA Officers in each agency to require officers to serve as the primary agency liaison with the Office of Government Information Services and the Office of Information Policy. 
 
The bill establishes a Chief FOIA Officers Council to develop recommendations for: (1) increasing compliance and efficiency in responding to FOIA requests; (2) disseminating information about agency experiences; (3) identifying, developing, and coordinating initiatives to increase transparency and compliance; and (4) promoting performance measures to ensure agency compliance with FOIA requirements.
 
The Office of Management and Budget is directed to ensure the operation of an online request portal that allows a member of the public to submit a FOIA request for records to any agency from a single website. 

action_date: 2015-02-09
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

FOIA Improvement Act of 2015

 
 (Sec. 2) This bill amends the Freedom of Information Act (FOIA) to: 
 
 
require federal agencies to make their disclosable records and documents available for public inspection in an electronic format;
 
require agencies to make available for inspection in an electronic format records that have been requested three or more times (frequently requested records); 
 
prohibit an agency from charging a fee for providing records if the agency misses a deadline for complying with an FOIA request unless unusual circumstances apply and more than 50,000 pages are necessary to respond to the request; 
 
prohibit an agency from withholding information requested under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or disclosure is prohibited by law (presumption of openness); 
 
require the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between agencies and FOIA requesters; 
 
require the Government Accountability Office to conduct audits of agency compliance with FOIA requirements; 
 
expand the authority and duties of the Chief FOIA Officer of each agency to require officers to serve as the primary agency liaison with OGIS and the Office of Information Policy; 
 
establish a Chief FOIA Officers Council to develop recommendations for increasing compliance and efficiency in responding to FOIA requests, disseminating information about agency experiences, identifying, developing, and coordinating initiatives to increase transparency and compliance, and promoting performance measures to ensure agency compliance with FOIA requirements; and
 
require the Director of the Office of Management and Budget to ensure the operation of a consolidated online request portal that allows a member of the public to submit a request for records to any agency from a single website.
 
 
(Sec. 3) The head of each agency (i.e., each authority of the U.S. government, excluding the Congress, U.S. courts, governments of U.S. territories and possessions, and the government of the District of Columbia) is required to: (1) review agency regulations and issue regulations on procedures for disclosure of records in accordance with the amendments made by this Act, and (2) include in such regulations procedures for engaging in dispute resolution through the FOIA Public Liaison and OGIS. 
 
(Sec. 4) The program for the efficient management of federal agency records is expanded to require agency heads to establish procedures for: (1) identifying records of general interest or use to the public that are appropriate for public disclosure, and (2) posting such records in a publicly-accessible electronic format. 
 
(Sec. 5) No additional funds are authorized to carry out the requirements of this Act. 

action_date: 2016-03-15
text: 

FOIA Improvement Act of 201
6
 
 (Sec. 2) This bill amends the Freedom of Information Act (FOIA) to: 
 
 
require federal agencies to make their disclosable records and documents available for public inspection in an electronic format;
 
require agencies to make available for inspection in an electronic format records that have been requested three or more times (frequently requested records); 
 
prohibit an agency from charging a fee for providing records if the agency misses a deadline for complying with an FOIA request unless unusual circumstances apply and more than 5,000 pages are necessary to respond to the request; 
 
prohibit an agency from withholding information requested under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or disclosure is prohibited by law (presumption of openness); 
 
limit the FOIA exemption for agency communications to allow the disclosure of agency records created 25 years or more before the date of a FOIA request; 
 
require the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between agencies and FOIA requesters;
 
expand the authority and duties of the Chief FOIA Officer of each agency to require officers to serve as the primary agency liaison with OGIS and the Office of Information Policy; 
 
establish a Chief FOIA Officers Council to develop recommendations for increasing compliance and efficiency in responding to FOIA requests, disseminating information about agency experiences, identifying, developing, and coordinating initiatives to increase transparency and compliance, and promoting performance measures to ensure agency compliance with FOIA requirements; and
 
require the Director of the Office of Management and Budget to ensure the operation of a consolidated online request portal that allows a member of the public to submit a request for records to any agency from a single website.
 
 
(Sec. 3) The head of each agency (i.e., each authority of the U.S. government, excluding the Congress, U.S. courts, governments of U.S. territories and possessions, and the government of the District of Columbia) is required to: (1) review agency regulations and issue regulations on procedures for disclosure of records in accordance with the amendments made by this Act, and (2) include in such regulations procedures for engaging in dispute resolution through the FOIA Public Liaison and OGIS. 
 
(Sec. 4) The program for the efficient management of federal agency records is expanded to require agency heads to establish procedures for: (1) identifying records of general interest or use to the public that are appropriate for public disclosure, and (2) posting such records in a publicly-accessible electronic format. 
 
(Sec. 5) No additional funds are authorized to carry out the requirements of this Act. 
 
(Sec. 6) This Act shall take effect on its enactment date and shall apply to all FOIA requests for records made after its enactment date. 

action_date: 2016-06-13
text: 
(This measure has not been amended since it was passed by the Senate on March 15, 2016. The summary of that version is repeated here.)
 

FOIA Improvement Act of 2016

 
 (Sec. 2) This bill amends the Freedom of Information Act (FOIA) to: 
 
 
require federal agencies to make their disclosable records and documents available for public inspection in an electronic format;
 
require agencies to make available for inspection in an electronic format records that have been requested three or more times (frequently requested records); 
 
prohibit an agency from charging a fee for providing records if the agency misses a deadline for complying with an FOIA request unless unusual circumstances apply and more than 5,000 pages are necessary to respond to the request; 
 
prohibit an agency from withholding information requested under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or disclosure is prohibited by law (presumption of openness); 
 
limit the FOIA exemption for agency communications to allow the disclosure of agency records created 25 years or more before the date of a FOIA request; 
 
require the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between agencies and FOIA requesters;
 
expand the authority and duties of the Chief FOIA Officer of each agency to require officers to serve as the primary agency liaison with OGIS and the Office of Information Policy; 
 
establish a Chief FOIA Officers Council to develop recommendations for increasing compliance and efficiency in responding to FOIA requests, disseminating information about agency experiences, identifying, developing, and coordinating initiatives to increase transparency and compliance, and promoting performance measures to ensure agency compliance with FOIA requirements; and
 
require the Director of the Office of Management and Budget to ensure the operation of a consolidated online request portal that allows a member of the public to submit a request for records to any agency from a single website.
 
 
(Sec. 3) The head of each agency (i.e., each authority of the U.S. government, excluding the Congress, U.S. courts, governments of U.S. territories and possessions, and the government of the District of Columbia) is required to: (1) review agency regulations and issue regulations on procedures for disclosure of records in accordance with the amendments made by this bill, and (2) include in such regulations procedures for engaging in dispute resolution through the FOIA Public Liaison and OGIS. 
 
(Sec. 4) The program for the efficient management of federal agency records is expanded to require agency heads to establish procedures for: (1) identifying records of general interest or use to the public that are appropriate for public disclosure, and (2) posting such records in a publicly-accessible electronic format. 
 
(Sec. 5) No additional funds are authorized to carry out the requirements of this bill. 
 
(Sec. 6) This bill shall take effect on its enactment date and shall apply to all FOIA requests for records made after its enactment date. 

action_date: 2016-06-30
text: 
(This measure has not been amended since it was passed by the Senate on March 15, 2016. The summary of that version is repeated here.)
 

FOIA Improvement Act of 2016

 
 (Sec. 2) This bill amends the Freedom of Information Act (FOIA) to: 
 
 
require federal agencies to make their disclosable records and documents available for public inspection in an electronic format;
 
require agencies to make available for inspection in an electronic format records that have been requested three or more times (frequently requested records); 
 
prohibit an agency from charging a fee for providing records if the agency misses a deadline for complying with an FOIA request unless unusual circumstances apply and more than 5,000 pages are necessary to respond to the request; 
 
prohibit an agency from withholding information requested under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or disclosure is prohibited by law (presumption of openness); 
 
limit the FOIA exemption for agency communications to allow the disclosure of agency records created 25 years or more before the date of a FOIA request; 
 
require the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between agencies and FOIA requesters;
 
expand the authority and duties of the Chief FOIA Officer of each agency to require officers to serve as the primary agency liaison with OGIS and the Office of Information Policy; 
 
establish a Chief FOIA Officers Council to develop recommendations for increasing compliance and efficiency in responding to FOIA requests, disseminating information about agency experiences, identifying, developing, and coordinating initiatives to increase transparency and compliance, and promoting performance measures to ensure agency compliance with FOIA requirements; and
 
require the Director of the Office of Management and Budget to ensure the operation of a consolidated online request portal that allows a member of the public to submit a request for records to any agency from a single website.
 
 
(Sec. 3) The head of each agency (i.e., each authority of the U.S. government, excluding the Congress, U.S. courts, governments of U.S. territories and possessions, and the government of the District of Columbia) is required to: (1) review agency regulations and issue regulations on procedures for disclosure of records in accordance with the amendments made by this bill, and (2) include in such regulations procedures for engaging in dispute resolution through the FOIA Public Liaison and OGIS. 
 
(Sec. 4) The program for the efficient management of federal agency records is expanded to require agency heads to establish procedures for: (1) identifying records of general interest or use to the public that are appropriate for public disclosure, and (2) posting such records in a publicly-accessible electronic format. 
 
(Sec. 5) No additional funds are authorized to carry out the requirements of this bill. 
 
(Sec. 6) This bill shall take effect on its enactment date and shall apply to all FOIA requests for records made after its enactment date. 


Legislative actions:
action_date: 2016-06-30
text: Became Public Law No: 114-185.
action_date: 2016-06-30
text: Became Public Law No: 114-185.
action_date: 2016-06-30
text: Signed by President.
action_date: 2016-06-30
text: Signed by President.
action_date: 2016-06-22
text: Presented to President.
action_date: 2016-06-22
text: Presented to President.
action_date: 2016-06-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-06-13
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H3714-3716)
action_date: 2016-06-13
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H3714-3716)
action_date: 2016-06-13
text: DEBATE - The House proceeded with forty minutes of debate on S. 337.
action_date: 2016-06-13
text: Considered under suspension of the rules. (consideration: CR H3714-3719)
action_date: 2016-06-13
text: Mr. Meadows moved to suspend the rules and pass the bill.
action_date: 2016-03-16
text: Held at the desk.
action_date: 2016-03-16
text: Received in the House.
action_date: 2016-03-16
text: Message on Senate action sent to the House.
action_date: 2016-03-15
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2016-03-15
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2016-03-15
text: Measure laid before Senate by unanimous consent. (consideration: CR S1494-1496)
action_date: 2015-02-23
text: By Senator Grassley from Committee on the Judiciary filed written report. Report No. 114-4. Additional views filed.
action_date: 2015-02-23
text: By Senator Grassley from Committee on the Judiciary filed written report. Report No. 114-4. Additional views filed.
action_date: 2015-02-09
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 17.
action_date: 2015-02-09
text: Committee on the Judiciary. Reported by Senator Grassley without amendment. Without written report.
action_date: 2015-02-09
text: Committee on the Judiciary. Reported by Senator Grassley without amendment. Without written report.
action_date: 2015-02-05
text: Committee on the Judiciary. Ordered to be reported without amendment favorably.
action_date: 2015-02-02
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S699-701)
action_date: 2015-02-02
text: Introduced in Senate

Enacted as: number: 114-185