DHS FOIA Efficiency Act of 2015

Bill: 114-hr-1615
Sponsor: full_name: Rep. Carter, Earl L. "Buddy" [R-GA-1]
Introduced: 2015-03-25
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Congressional oversight

Department of Homeland Security

Freedom of information

Right of privacy
Latest action: action_date: 2015-07-07
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2015-03-25
action_desc: Introduced in House
text: <p><strong>DHS FOIA Efficiency Act of 2015</strong></p> <p>Directs the Chief FOIA Officer of the Department of Homeland Security (DHS) to finalize and issue an updated regulation implementing the Freedom of Information Act (FOIA), which shall include: (1) public guidance on procedures to be followed when making requests for DHS rules, opinions, orders, records, or proceedings; (2) updated guidance to the DHS components responsible for processing such requests; and (3) detailed information on fees and costs associated with, and the appeals process for, such requests.</p> <p>Requires such Officer to: (1) identify the total annual cost to DHS of implementing FOIA, (2) develop guidance on reporting standards related to costs of processing requests, (3) identify and eliminate unnecessary and duplicative actions taken by DHS in processing requests, and (4) develop a plan to automate the processing of requests.</p> <p>Requires the Chief Privacy Officer of DHS to update and issue guidance to the heads of each of the relevant DHS components regarding the goal of reducing the backlog in processing requests by 50% between FY2015 and FY2018.</p> <p>Directs the Chief FOIA Officer to include: (1) in each semiannual privacy report submitted under the Intelligence Reform and Terrorism Prevention Act of 2004 the total costs to DHS of meeting FOIA requirements for the period covered by the report and an assessment of progress made toward meeting the backlog goals, and (2) in the second semiannual privacy report for FY2016 a description of any cost savings identified and the automation plan developed.</p>

action_date: 2015-06-11
action_desc: Reported to House with amendment(s)
text: <p><strong>DHS FOIA Efficiency Act of 2015</strong></p> <p>(Sec. 2) Directs the Chief FOIA Officer of the Department of Homeland Security (DHS):</p> <ul> <li>within 90 days after enactment of this Act, to issue an updated regulation implementing the Freedom of Information Act (FOIA) and to identify the total annual implementation costs; </li> <li>to develop guidance on reporting standards related to costs of processing FOIA requests; </li> <li>within 120 days after enactment of this Act, to identify unnecessary and duplicative actions taken by DHS in processing such requests; </li> <li>to eliminate such actions within 12 months after identifying them; and </li> <li>within 90 days after enactment of this Act, to develop a plan to automate the processing of requests and to issue guidance to the relevant DHS components regarding the goal of reducing the backlog in processing requests by 50% between FY2015 and FY2018. </li></ul> <p>Requires the regulation implementing FOIA to include: (1) public guidance on procedures to be followed when making requests for DHS rules, opinions, orders, records, or proceedings; (2) updated guidance to the DHS components for processing such requests, which may include information on automated processing; and (3) detailed information on fees and costs associated with, and on the appeals process for, requests.</p> <p>Directs the Chief FOIA Officer to include: (1) in each semiannual privacy report submitted under the Intelligence Reform and Terrorism Prevention Act of 2004, the total costs to DHS of meeting FOIA requirements and assessments of progress made toward meeting backlog goals, of whether DHS has adequate staffing and other resources to address such goals, and of progress made toward automating the processing of requests; and (2) in the second semiannual privacy report for FY2016, a description of any cost savings identified from, and the plan developed for, automating the processing of requests.</p> <p>(Sec. 3) Directs the Chief FOIA Officer to provide such plan, upon completion, to DHS components and seek written feedback regarding the extent to which each component will adopt the plan, the associated costs, and the projected time lines.</p>

action_date: 2015-06-25
action_desc: Passed House amended
text: <p>(This measure has not been amended since it was reported to the House of Representatives on June 11, 2015. The summary of that version is repeated here.)</p> <p><strong>DHS FOIA Efficiency Act of 2015</strong></p> <p>(Sec. 2) Directs the Chief FOIA Officer of the Department of Homeland Security (DHS):</p> <ul> <li>within 90 days after enactment of this Act, to issue an updated regulation implementing the Freedom of Information Act (FOIA) and to identify the total annual implementation costs; </li> <li>to develop guidance on reporting standards related to costs of processing FOIA requests; </li> <li>within 120 days after enactment of this Act, to identify unnecessary and duplicative actions taken by DHS in processing such requests; </li> <li>to eliminate such actions within 12 months after identifying them; and </li> <li>within 90 days after enactment of this Act, to develop a plan to automate the processing of requests and to issue guidance to the relevant DHS components regarding the goal of reducing the backlog in processing requests by 50% between FY2015 and FY2018. </li></ul> <p>Requires the regulation implementing FOIA to include: (1) public guidance on procedures to be followed when making requests for DHS rules, opinions, orders, records, or proceedings; (2) updated guidance to the DHS components for processing such requests, which may include information on automated processing; and (3) detailed information on fees and costs associated with, and on the appeals process for, requests.</p> <p>Directs the Chief FOIA Officer to include: (1) in each semiannual privacy report submitted under the Intelligence Reform and Terrorism Prevention Act of 2004, the total costs to DHS of meeting FOIA requirements and assessments of progress made toward meeting backlog goals, of whether DHS has adequate staffing and other resources to address such goals, and of progress made toward automating the processing of requests; and (2) in the second semiannual privacy report for FY2016, a description of any cost savings identified from, and the plan developed for, automating the processing of requests.</p> <p>(Sec. 3) Directs the Chief FOIA Officer to provide such plan, upon completion, to DHS components and seek written feedback regarding the extent to which each component will adopt the plan, the associated costs, and the projected time lines.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1615 IN THE HOUSE OF REPRESENTATIVES March 25, 2015 Mr. Carter of Georgia (for himself, Mr. McCaul , Mr. Katko , Mr. Hurd of Texas , Mr. Walker , Mr. Loudermilk , Ms. McSally , and Mr. Ratcliffe ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To direct the Chief FOIA Officer of the Department of Homeland Security to make certain improvements in the implementation of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), and for other purposes.

1. Short title This Act may be cited as the DHS FOIA Efficiency Act of 2015 . 2. Department of Homeland Security Freedom of Information Act implementation (a) Deadline for updating regulations Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer of the Department of Homeland Security, as appointed pursuant to section 552(j) of title 5, United States Code, shall finalize and issue an updated regulation implementing section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), which shall include— (1) public guidance on procedures to be followed when making requests under paragraph (1), (2), or (3) of section 552(a) of title 5, United States Code; (2) updated guidance to the components of the Department responsible for processing such requests; (3) detailed information on fees and costs associated with such requests; and (4) detailed information on the appeals process for such requests. (b) Identification of costs (1) In general Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer, in coordination with the Chief Financial Officer of the Department and the heads of each of the relevant components of the Department, shall identify the total annual cost to the Department of implementing section 552 of title 5, United States Code. (2) Guidance The Chief FOIA Officer shall develop guidance on reporting standards related to the direct and indirect costs to the Department associated with the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (c) Cost savings Not later than 120 days after the date of the enactment of this Act, the Chief FOIA Officer, in collaboration with the heads of each of the relevant components of the Department, shall identify and eliminate unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (d) FOIA tracking systems Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer shall develop a plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code to the Department. Such plan shall take into account the specific needs of each of the components of the Department responsible for processing such requests and address required and recommended technology capabilities and elements. Such plan shall include an assessment of the costs and benefits associated with establishing and using electronic processing systems to process requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (e) FOIA backlog Not later than 90 days after the date of the enactment of this Act, the Chief Privacy Officer of the Department, in consultation with the Chief FOIA Officer, shall update and issue guidance to the heads of each of the relevant components of the Department regarding the goal of reducing the backlog in processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by 50 percent between fiscal year 2015 and fiscal year 2018. (f) Report (1) Semiannual privacy report The Chief FOIA Officer shall include in each semiannual privacy report submitted under section 1062(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee–1(f) ) each of the following: (A) The total costs to the Department of meeting the requirements of section 552 of title 5, United States Code, for the period covered by the report. (B) An assessment of progress made toward meeting the backlog goals pursuant to subsection (e) during the period covered by the report and the periods covered by the two preceding reports. (2) Fiscal year 2016 requirements The Chief FOIA Officer shall include in the second semiannual privacy report for fiscal year 2016 each of the following: (A) A description of any cost savings identified under subsection (d). (B) The plan developed under subsection (d).

tv_txt: I 114th CONGRESS 1st Session H. R. 1615 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Chief FOIA Officer of the Department of Homeland Security to make certain improvements in the implementation of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), and for other purposes.

1. Short title This Act may be cited as the DHS FOIA Efficiency Act of 2015 . 2. Department of Homeland Security Freedom of Information Act implementation (a) Deadline for updating regulations Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer of the Department of Homeland Security, as appointed pursuant to section 552(j) of title 5, United States Code, shall finalize and issue an updated regulation implementing section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), which shall include— (1) public guidance on procedures to be followed when making requests under paragraph (1), (2), or (3) of section 552(a) of title 5, United States Code; (2) updated guidance to the components of the Department responsible for processing such requests, which may include information on how to adopt automated processing of requests made under paragraphs (1), (2), or (3) of section 552(a) of title 5, United States Code; (3) detailed information on fees and costs associated with such requests; and (4) detailed information on the appeals process for such requests. (b) Identification of costs (1) In general Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer, in coordination with the Chief Financial Officer of the Department and the heads of each of the relevant components of the Department, shall identify the total annual cost to the Department of implementing section 552 of title 5, United States Code. (2) Guidance The Chief FOIA Officer shall develop guidance on reporting standards related to the direct and indirect costs to the Department associated with the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (c) Cost savings The Chief FOIA Officer, in collaboration with the heads of each of the relevant components of the Department, shall— (1) identify unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 120 days after the date of the enactment of this Act; and (2) eliminate unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 12 months after the identification of such action under paragraph (1). (d) FOIA tracking systems Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer shall develop a plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code to the Department. Such plan shall take into account the specific needs of each of the components of the Department responsible for processing such requests and address required and recommended technology capabilities and elements. Such plan shall include an assessment of the costs and benefits associated with establishing and using electronic processing systems to process requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (e) FOIA backlog Not later than 90 days after the date of the enactment of this Act, the Chief Privacy Officer of the Department, in consultation with the Chief FOIA Officer, shall update and issue guidance to the heads of each of the relevant components of the Department regarding the goal of reducing the backlog in processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by 50 percent between fiscal year 2015 and fiscal year 2018. (f) Report (1) Semiannual privacy report The Chief FOIA Officer shall include in each semiannual privacy report submitted under section 1062(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee–1(f) ) each of the following: (A) The total costs to the Department of meeting the requirements of section 552 of title 5, United States Code, for the period covered by the report. (B) An assessment of progress made toward meeting the backlog goals pursuant to subsection (e) during the period covered by the report and the periods covered by the two preceding reports. (C) An assessment of whether the Department has adequate staffing and other resources to address the backlog goals pursuant to subsection (e) for processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (D) An assessment of the progress made towards automating the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, during the period covered by the report. (2) Fiscal year 2016 requirements The Chief FOIA Officer shall include in the second semiannual privacy report for fiscal year 2016 each of the following: (A) A description of any cost savings identified under subsection (d). (B) The plan developed under subsection (d). (g) Duplicative action defined In this section, the term duplicative actions means actions carried out by two or more components or programs that are engaged in the same activities or provide the same services related to the processing of FOIA requests to the same beneficiaries. 3. Progress on automation Upon completion of the plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, the Chief FOIA Officer shall provide the plan to the heads of the components of the Department and seek written feedback from each head of a component agency regarding the extent to which that component will adopt the plan, the associated costs, and the projected timelines.

Passed the House of Representatives June 25, 2015. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 106 114th CONGRESS 1st Session H. R. 1615 [Report No. 114–148] IN THE HOUSE OF REPRESENTATIVES March 25, 2015 Mr. Carter of Georgia (for himself, Mr. McCaul , Mr. Katko , Mr. Hurd of Texas , Mr. Walker , Mr. Loudermilk , Ms. McSally , and Mr. Ratcliffe ) introduced the following bill; which was referred to the Committee on Homeland Security June 11, 2015 Additional sponsors: Mr. Perry and Mrs. Miller of Michigan June 11, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 25, 2015 A BILL To direct the Chief FOIA Officer of the Department of Homeland Security to make certain improvements in the implementation of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), and for other purposes.

1. Short title This Act may be cited as the DHS FOIA Efficiency Act of 2015 . 2. Department of Homeland Security Freedom of Information Act implementation (a) Deadline for updating regulations Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer of the Department of Homeland Security, as appointed pursuant to section 552(j) of title 5, United States Code, shall finalize and issue an updated regulation implementing section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), which shall include— (1) public guidance on procedures to be followed when making requests under paragraph (1), (2), or (3) of section 552(a) of title 5, United States Code; (2) updated guidance to the components of the Department responsible for processing such requests, which may include information on how to adopt automated processing of requests made under paragraphs (1), (2), or (3) of section 552(a) of title 5, United States Code; (3) detailed information on fees and costs associated with such requests; and (4) detailed information on the appeals process for such requests. (b) Identification of costs (1) In general Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer, in coordination with the Chief Financial Officer of the Department and the heads of each of the relevant components of the Department, shall identify the total annual cost to the Department of implementing section 552 of title 5, United States Code. (2) Guidance The Chief FOIA Officer shall develop guidance on reporting standards related to the direct and indirect costs to the Department associated with the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (c) Cost savings The Chief FOIA Officer, in collaboration with the heads of each of the relevant components of the Department, shall— (1) identify unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 120 days after the date of the enactment of this Act; and (2) eliminate unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 12 months after the identification of such action under paragraph (1). (d) FOIA tracking systems Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer shall develop a plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code to the Department. Such plan shall take into account the specific needs of each of the components of the Department responsible for processing such requests and address required and recommended technology capabilities and elements. Such plan shall include an assessment of the costs and benefits associated with establishing and using electronic processing systems to process requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (e) FOIA backlog Not later than 90 days after the date of the enactment of this Act, the Chief Privacy Officer of the Department, in consultation with the Chief FOIA Officer, shall update and issue guidance to the heads of each of the relevant components of the Department regarding the goal of reducing the backlog in processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by 50 percent between fiscal year 2015 and fiscal year 2018. (f) Report (1) Semiannual privacy report The Chief FOIA Officer shall include in each semiannual privacy report submitted under section 1062(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee–1(f) ) each of the following: (A) The total costs to the Department of meeting the requirements of section 552 of title 5, United States Code, for the period covered by the report. (B) An assessment of progress made toward meeting the backlog goals pursuant to subsection (e) during the period covered by the report and the periods covered by the two preceding reports. (C) An assessment of whether the Department has adequate staffing and other resources to address the backlog goals pursuant to subsection (e) for processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (D) An assessment of the progress made towards automating the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, during the period covered by the report. (2) Fiscal year 2016 requirements The Chief FOIA Officer shall include in the second semiannual privacy report for fiscal year 2016 each of the following: (A) A description of any cost savings identified under subsection (d). (B) The plan developed under subsection (d). (g) Duplicative action defined In this section, the term duplicative actions means actions carried out by two or more components or programs that are engaged in the same activities or provide the same services related to the processing of FOIA requests to the same beneficiaries. 3. Progress on automation Upon completion of the plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, the Chief FOIA Officer shall provide the plan to the heads of the components of the Department and seek written feedback from each head of a component agency regarding the extent to which that component will adopt the plan, the associated costs, and the projected timelines.

June 11, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IIB 114th CONGRESS 1st Session H. R. 1615 IN THE SENATE OF THE UNITED STATES July 7, 2015 Received; read twice and referred to the Committee on the Judiciary AN ACT To direct the Chief FOIA Officer of the Department of Homeland Security to make certain improvements in the implementation of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), and for other purposes.

1. Short title This Act may be cited as the DHS FOIA Efficiency Act of 2015 . 2. Department of Homeland Security Freedom of Information Act implementation (a) Deadline for updating regulations Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer of the Department of Homeland Security, as appointed pursuant to section 552(j) of title 5, United States Code, shall finalize and issue an updated regulation implementing section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), which shall include— (1) public guidance on procedures to be followed when making requests under paragraph (1), (2), or (3) of section 552(a) of title 5, United States Code; (2) updated guidance to the components of the Department responsible for processing such requests, which may include information on how to adopt automated processing of requests made under paragraphs (1), (2), or (3) of section 552(a) of title 5, United States Code; (3) detailed information on fees and costs associated with such requests; and (4) detailed information on the appeals process for such requests. (b) Identification of costs (1) In general Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer, in coordination with the Chief Financial Officer of the Department and the heads of each of the relevant components of the Department, shall identify the total annual cost to the Department of implementing section 552 of title 5, United States Code. (2) Guidance The Chief FOIA Officer shall develop guidance on reporting standards related to the direct and indirect costs to the Department associated with the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (c) Cost savings The Chief FOIA Officer, in collaboration with the heads of each of the relevant components of the Department, shall— (1) identify unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 120 days after the date of the enactment of this Act; and (2) eliminate unnecessary and duplicative actions taken by the Department in the course of processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by not later than 12 months after the identification of such action under paragraph (1). (d) FOIA tracking systems Not later than 90 days after the date of the enactment of this Act, the Chief FOIA Officer shall develop a plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code to the Department. Such plan shall take into account the specific needs of each of the components of the Department responsible for processing such requests and address required and recommended technology capabilities and elements. Such plan shall include an assessment of the costs and benefits associated with establishing and using electronic processing systems to process requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (e) FOIA backlog Not later than 90 days after the date of the enactment of this Act, the Chief Privacy Officer of the Department, in consultation with the Chief FOIA Officer, shall update and issue guidance to the heads of each of the relevant components of the Department regarding the goal of reducing the backlog in processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, by 50 percent between fiscal year 2015 and fiscal year 2018. (f) Report (1) Semiannual privacy report The Chief FOIA Officer shall include in each semiannual privacy report submitted under section 1062(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee–1(f) ) each of the following: (A) The total costs to the Department of meeting the requirements of section 552 of title 5, United States Code, for the period covered by the report. (B) An assessment of progress made toward meeting the backlog goals pursuant to subsection (e) during the period covered by the report and the periods covered by the two preceding reports. (C) An assessment of whether the Department has adequate staffing and other resources to address the backlog goals pursuant to subsection (e) for processing requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code. (D) An assessment of the progress made towards automating the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, during the period covered by the report. (2) Fiscal year 2016 requirements The Chief FOIA Officer shall include in the second semiannual privacy report for fiscal year 2016 each of the following: (A) A description of any cost savings identified under subsection (d). (B) The plan developed under subsection (d). (g) Duplicative action defined In this section, the term duplicative actions means actions carried out by two or more components or programs that are engaged in the same activities or provide the same services related to the processing of FOIA requests to the same beneficiaries. 3. Progress on automation Upon completion of the plan to automate the processing of requests made under paragraphs (1), (2), and (3) of section 552(a) of title 5, United States Code, the Chief FOIA Officer shall provide the plan to the heads of the components of the Department and seek written feedback from each head of a component agency regarding the extent to which that component will adopt the plan, the associated costs, and the projected timelines.

Passed the House of Representatives June 25, 2015. Karen L. Haas, Clerk