II 117th CONGRESS 2d Session S. 4401 IN THE SENATE OF THE UNITED STATES June 14, 2022 Mr. Rubio (for himself and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To modify the Freedom of Information Act, and for other purposes.

1. Short title This Act may be cited as the First Opportunity for Information to Americans Act or the FOIA Fix Act . 2. FOIA requests Section 552 of title 5, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (3)(A), by inserting or paragraph (9) after subparagraph (E) ; and (B) by adding at the end the following: (9) (A) Except as provided in subparagraph (D), an agency may not make any record available under this subsection to any requester that— (i) is an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence; (ii) is an entity that does not have a principal place of business or headquarters located in a State, the District of Columbia, or any territory or possession of the United States; or (iii) is an entity that is a subsidiary of an entity with a principal place of business or headquarters located in— (I) the People’s Republic of China; (II) the Russian Federation; (III) the Democratic People’s Republic of Korea; (IV) the Islamic Republic of Iran; (V) the Republic of Cuba; (VI) the Syrian Arab Republic; or (VII) the regime of Nicolás Maduro in Venezuela. (B) Knowingly assisting, conspiring, or abetting a request for information under this section on behalf of an individual or entity that is prohibited from receiving the information under subparagraph (A) is punishable by a fine of up $10,000 per violation and not more than 1 year in prison. (C) Each agency shall promulgate regulations as necessary to carry out subparagraph (A). (D) Subparagraph (A) shall not apply to a requester that is seeking official copies of the immigration court proceedings of the requester. (10) Notwithstanding any other provision of this section, an agency may determine the manner in which a request is fulfilled under this subsection if the agency has a reasonable belief that fulfilling the request in the manner requested by the requester— (A) is likely to result in the exposure of material or information that is not responsive to the request, including any data describing the structure, data elements, interrelationships, or other characteristics of electronic records otherwise responsive to the request; or (B) poses a material security risk to the agency or another entity in the Federal Government. ; and (2) in subsection (b)— (A) in paragraph (8), by striking or at the end; and (B) in paragraph (9), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (10) records or information, such as blueprints, schematics, formulae, technical expertise, or other similar information that is susceptible to reverse engineering— (A) the disclosure of which is likely to damage the interests of the United States; (B) that is materially related to the study of an emerging or foundational technology identified by the Department of Commerce; and (C) for which the interest of the public in disclosure does not outweigh the interests described in subparagraph (A). .