FOIA Improvement Act of 2016
PL 114-185 (S.337), enacted 06/30/2016

130 STAT. 538 
PUBLIC LAW 114–185—JUNE 30, 2016 
Public Law 114–185 
114th Congress 
An Act 
To improve the Freedom of Information Act. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘FOIA Improvement Act of 2016’’. 
SEC. 2. AMENDMENTS TO FOIA. 
Section 552 of title 5, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘for public inspection and copying’’ and 
inserting ‘‘for public inspection in an electronic format’’; 
(ii) by striking subparagraph (D) and inserting 
the following: 
‘‘(D) copies of all records, regardless of form or format— 
‘‘(i) that have been released to any person under para-
graph (3); and 
‘‘(ii)(I) that because of the nature of their subject 
matter, the agency determines have become or are likely 
to become the subject of subsequent requests for substan-
tially the same records; or 
‘‘(II) that have been requested 3 or more times; and’’; 
and 
(iii) in the undesignated matter following subpara-
graph (E), by striking ‘‘public inspection and copying 
current’’ and inserting ‘‘public inspection in an elec-
tronic format current’’; 
(B) in paragraph (4)(A), by striking clause (viii) and 
inserting the following: 
‘‘(viii)(I) Except as provided in subclause (II), an agency 
shall not assess any search fees (or in the case of a 
requester described under clause (ii)(II) of this subpara-
graph, duplication fees) under this subparagraph if the 
agency has failed to comply with any time limit under 
paragraph (6). 
‘‘(II)(aa) If an agency has determined that unusual 
circumstances apply (as the term is defined in paragraph 
(6)(B)) and the agency provided a timely written notice 
to the requester in accordance with paragraph (6)(B), a 
failure described in subclause (I) is excused for an addi-
tional 10 days. If the agency fails to comply with the 
extended time limit, the agency may not assess any search 
Time period. 
FOIA 
Improvement Act 
of 2016. 
5 USC 101 note. 
June 30, 2016 
[S. 337] 
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130 STAT. 539 
PUBLIC LAW 114–185—JUNE 30, 2016 
fees (or in the case of a requester described under clause 
(ii)(II) of this subparagraph, duplication fees). 
‘‘(bb) If an agency has determined that unusual cir-
cumstances apply and more than 5,000 pages are necessary 
to respond to the request, an agency may charge search 
fees (or in the case of a requester described under clause 
(ii)(II) of this subparagraph, duplication fees) if the agency 
has provided a timely written notice to the requester in 
accordance with paragraph (6)(B) and the agency has dis-
cussed with the requester via written mail, electronic mail, 
or telephone (or made not less than 3 good-faith attempts 
to do so) how the requester could effectively limit the 
scope of the request in accordance with paragraph (6)(B)(ii). 
‘‘(cc) If a court has determined that exceptional cir-
cumstances exist (as that term is defined in paragraph 
(6)(C)), a failure described in subclause (I) shall be excused 
for the length of time provided by the court order.’’; 
(C) in paragraph (6)— 
(i) in subparagraph (A)(i), by striking ‘‘making such 
request’’ and all that follows through ‘‘determination; 
and’’ and inserting the following: ‘‘making such request 
of— 
‘‘(I) such determination and the reasons therefor; 
‘‘(II) the right of such person to seek assistance 
from the FOIA Public Liaison of the agency; and 
‘‘(III) in the case of an adverse determination— 
‘‘(aa) the right of such person to appeal to 
the head of the agency, within a period determined 
by the head of the agency that is not less than 
90 days after the date of such adverse determina-
tion; and 
‘‘(bb) the right of such person to seek dispute 
resolution services from the FOIA Public Liaison 
of the agency or the Office of Government Informa-
tion Services; and’’; and 
(ii) in subparagraph (B)(ii), by striking ‘‘the 
agency.’’ and inserting ‘‘the agency, and notify the 
requester of the right of the requester to seek dispute 
resolution services from the Office of Government 
Information Services.’’; and 
(D) by adding at the end the following: 
‘‘(8)(A) An agency shall— 
‘‘(i) withhold information under this section only if— 
‘‘(I) the agency reasonably foresees that disclosure 
would harm an interest protected by an exemption 
described in subsection (b); or 
‘‘(II) disclosure is prohibited by law; and 
‘‘(ii)(I) consider whether partial disclosure of information 
is possible whenever the agency determines that a full disclo-
sure of a requested record is not possible; and 
‘‘(II) take reasonable steps necessary to segregate and 
release nonexempt information; and 
‘‘(B) Nothing in this paragraph requires disclosure of informa-
tion that is otherwise prohibited from disclosure by law, or other-
wise exempted from disclosure under subsection (b)(3).’’; 
(2) in subsection (b), by amending paragraph (5) to read 
as follows: 
Time period. 
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130 STAT. 540 
PUBLIC LAW 114–185—JUNE 30, 2016 
‘‘(5) inter-agency or intra-agency memorandums or letters 
that would not be available by law to a party other than 
an agency in litigation with the agency, provided that the 
deliberative process privilege shall not apply to records created 
25 years or more before the date on which the records were 
requested;’’; and 
(3) in subsection (e)— 
(A) in paragraph (1)— 
(i) in the matter preceding subparagraph (A), by 
inserting ‘‘and to the Director of the Office of Govern-
ment Information Services’’ after ‘‘United States’’; 
(ii) in subparagraph (N), by striking ‘‘and’’ at the 
end; 
(iii) in subparagraph (O), by striking the period 
at the end and inserting a semicolon; and 
(iv) by adding at the end the following: 
‘‘(P) the number of times the agency denied a request 
for records under subsection (c); and 
‘‘(Q) the number of records that were made available for 
public inspection in an electronic format under subsection 
(a)(2).’’; 
(B) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) Each agency shall make each such report available for 
public inspection in an electronic format. In addition, each agency 
shall make the raw statistical data used in each report available 
in a timely manner for public inspection in an electronic format, 
which shall be made available— 
‘‘(A) without charge, license, or registration requirement; 
‘‘(B) in an aggregated, searchable format; and 
‘‘(C) in a format that may be downloaded in bulk.’’; 
(C) in paragraph (4)— 
(i) by striking ‘‘Government Reform and Oversight’’ 
and inserting ‘‘Oversight and Government Reform’’; 
(ii) by inserting ‘‘Homeland Security and’’ before 
‘‘Governmental Affairs’’; and 
(iii) by striking ‘‘April’’ and inserting ‘‘March’’; and 
(D) by striking paragraph (6) and inserting the fol-
lowing: 
‘‘(6)(A) The Attorney General of the United States shall submit 
to the Committee on Oversight and Government Reform of the 
House of Representatives, the Committee on the Judiciary of the 
Senate, and the President a report on or before March 1 of each 
calendar year, which shall include for the prior calendar year— 
‘‘(i) a listing of the number of cases arising under this 
section; 
‘‘(ii) a listing of— 
‘‘(I) each subsection, and any exemption, if applicable, 
involved in each case arising under this section; 
‘‘(II) the disposition of each case arising under this 
section; and 
‘‘(III) the cost, fees, and penalties assessed under sub-
paragraphs (E), (F), and (G) of subsection (a)(4); and 
‘‘(iii) a description of the efforts undertaken by the Depart-
ment of Justice to encourage agency compliance with this sec-
tion. 
‘‘(B) The Attorney General of the United States shall make— 
Public 
information. 
Electronic 
format. 
Reports. 
Deadline. 
Time period. 
Lists. 
Reports. 
Public 
information. 
Electronic 
format. 
Data. 
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130 STAT. 541 
PUBLIC LAW 114–185—JUNE 30, 2016 
‘‘(i) each report submitted under subparagraph (A) available 
for public inspection in an electronic format; and 
‘‘(ii) the raw statistical data used in each report submitted 
under subparagraph (A) available for public inspection in an 
electronic format, which shall be made available— 
‘‘(I) without charge, license, or registration require-
ment; 
‘‘(II) in an aggregated, searchable format; and 
‘‘(III) in a format that may be downloaded in bulk.’’; 
(4) in subsection (g), in the matter preceding paragraph 
(1), by striking ‘‘publicly available upon request’’ and inserting 
‘‘available for public inspection in an electronic format’’; 
(5) in subsection (h)— 
(A) in paragraph (1), by adding at the end the following: 
‘‘The head of the Office shall be the Director of the Office 
of Government Information Services.’’; 
(B) in paragraph (2), by striking subparagraph (C) 
and inserting the following: 
‘‘(C) identify procedures and methods for improving compli-
ance under this section.’’; 
(C) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) The Office of Government Information Services shall offer 
mediation services to resolve disputes between persons making 
requests under this section and administrative agencies as a non-
exclusive alternative to litigation and may issue advisory opinions 
at the discretion of the Office or upon request of any party to 
a dispute.’’; and 
(D) by adding at the end the following: 
‘‘(4)(A) Not less frequently than annually, the Director of the 
Office of Government Information Services shall submit to the 
Committee on Oversight and Government Reform of the House 
of Representatives, the Committee on the Judiciary of the Senate, 
and the President— 
‘‘(i) a report on the findings of the information reviewed 
and identified under paragraph (2); 
‘‘(ii) a summary of the activities of the Office of Government 
Information Services under paragraph (3), including— 
‘‘(I) any advisory opinions issued; and 
‘‘(II) the number of times each agency engaged in dis-
pute resolution with the assistance of the Office of Govern-
ment Information Services or the FOIA Public Liaison; 
and 
‘‘(iii) legislative and regulatory recommendations, if any, 
to improve the administration of this section. 
‘‘(B) The Director of the Office of Government Information 
Services shall make each report submitted under subparagraph 
(A) available for public inspection in an electronic format. 
‘‘(C) The Director of the Office of Government Information 
Services shall not be required to obtain the prior approval, comment, 
or review of any officer or agency of the United States, including 
the Department of Justice, the Archivist of the United States, 
or the Office of Management and Budget before submitting to 
Congress, or any committee or subcommittee thereof, any reports, 
recommendations, testimony, or comments, if such submissions 
include a statement indicating that the views expressed therein 
Public 
information. 
Electronic 
format. 
Recommenda- 
tions. 
Summary. 
Reports. 
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130 STAT. 542 
PUBLIC LAW 114–185—JUNE 30, 2016 
are those of the Director and do not necessarily represent the 
views of the President. 
‘‘(5) The Director of the Office of Government Information Serv-
ices may directly submit additional information to Congress and 
the President as the Director determines to be appropriate. 
‘‘(6) Not less frequently than annually, the Office of Government 
Information Services shall conduct a meeting that is open to the 
public on the review and reports by the Office and shall allow 
interested persons to appear and present oral or written statements 
at the meeting.’’; 
(6) by striking subsections (j) and (k), and inserting the 
following: 
‘‘(j)(1) Each agency shall designate a Chief FOIA Officer who 
shall be a senior official of such agency (at the Assistant Secretary 
or equivalent level). 
‘‘(2) The Chief FOIA Officer of each agency shall, subject to 
the authority of the head of the agency— 
‘‘(A) have agency-wide responsibility for efficient and appro-
priate compliance with this section; 
‘‘(B) monitor implementation of this section throughout the 
agency and keep the head of the agency, the chief legal officer 
of the agency, and the Attorney General appropriately informed 
of the agency’s performance in implementing this section; 
‘‘(C) recommend to the head of the agency such adjustments 
to agency practices, policies, personnel, and funding as may 
be necessary to improve its implementation of this section; 
‘‘(D) review and report to the Attorney General, through 
the head of the agency, at such times and in such formats 
as the Attorney General may direct, on the agency’s perform-
ance in implementing this section; 
‘‘(E) facilitate public understanding of the purposes of the 
statutory exemptions of this section by including concise 
descriptions of the exemptions in both the agency’s handbook 
issued under subsection (g), and the agency’s annual report 
on this section, and by providing an overview, where appro-
priate, of certain general categories of agency records to which 
those exemptions apply; 
‘‘(F) offer training to agency staff regarding their respon-
sibilities under this section; 
‘‘(G) serve as the primary agency liaison with the Office 
of Government Information Services and the Office of Informa-
tion Policy; and 
‘‘(H) designate 1 or more FOIA Public Liaisons. 
‘‘(3) The Chief FOIA Officer of each agency shall review, not 
less frequently than annually, all aspects of the administration 
of this section by the agency to ensure compliance with the require-
ments of this section, including— 
‘‘(A) agency regulations; 
‘‘(B) disclosure of records required under paragraphs (2) 
and (8) of subsection (a); 
‘‘(C) assessment of fees and determination of eligibility 
for fee waivers; 
‘‘(D) the timely processing of requests for information under 
this section; 
‘‘(E) the use of exemptions under subsection (b); and 
Review. 
Deadline. 
Designation. 
Review. 
Reports. 
Recommenda- 
tions. 
Designation. 
Deadline. 
Meeting. 
Public 
information. 
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130 STAT. 543 
PUBLIC LAW 114–185—JUNE 30, 2016 
‘‘(F) dispute resolution services with the assistance of the 
Office of Government Information Services or the FOIA Public 
Liaison. 
‘‘(k)(1) There is established in the executive branch the Chief 
FOIA Officers Council (referred to in this subsection as the 
‘Council’). 
‘‘(2) The Council shall be comprised of the following members: 
‘‘(A) The Deputy Director for Management of the Office 
of Management and Budget. 
‘‘(B) The Director of the Office of Information Policy at 
the Department of Justice. 
‘‘(C) The Director of the Office of Government Information 
Services. 
‘‘(D) The Chief FOIA Officer of each agency. 
‘‘(E) Any other officer or employee of the United States 
as designated by the Co-Chairs. 
‘‘(3) The Director of the Office of Information Policy at the 
Department of Justice and the Director of the Office of Government 
Information Services shall be the Co-Chairs of the Council. 
‘‘(4) The Administrator of General Services shall provide 
administrative and other support for the Council. 
‘‘(5)(A) The duties of the Council shall include the following: 
‘‘(i) Develop recommendations for increasing compliance 
and efficiency under this section. 
‘‘(ii) Disseminate information about agency experiences, 
ideas, best practices, and innovative approaches related to this 
section. 
‘‘(iii) Identify, develop, and coordinate initiatives to increase 
transparency and compliance with this section. 
‘‘(iv) Promote the development and use of common perform-
ance measures for agency compliance with this section. 
‘‘(B) In performing the duties described in subparagraph (A), 
the Council shall consult on a regular basis with members of the 
public who make requests under this section. 
‘‘(6)(A) The Council shall meet regularly and such meetings 
shall be open to the public unless the Council determines to close 
the meeting for reasons of national security or to discuss informa-
tion exempt under subsection (b). 
‘‘(B) Not less frequently than annually, the Council shall hold 
a meeting that shall be open to the public and permit interested 
persons to appear and present oral and written statements to 
the Council. 
‘‘(C) Not later than 10 business days before a meeting of the 
Council, notice of such meeting shall be published in the Federal 
Register. 
‘‘(D) Except as provided in subsection (b), the records, reports, 
transcripts, minutes, appendices, working papers, drafts, studies, 
agenda, or other documents that were made available to or prepared 
for or by the Council shall be made publicly available. 
‘‘(E) Detailed minutes of each meeting of the Council shall 
be kept and shall contain a record of the persons present, a complete 
and accurate description of matters discussed and conclusions 
reached, and copies of all reports received, issued, or approved 
by the Council. The minutes shall be redacted as necessary and 
made publicly available.’’; and 
(7) by adding at the end the following: 
Records. 
Deadline. 
Public 
information. 
Consultation. 
Establishment. 
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130 STAT. 544 
PUBLIC LAW 114–185—JUNE 30, 2016 
‘‘(m)(1) The Director of the Office of Management and Budget, 
in consultation with the Attorney General, shall ensure the oper-
ation of a consolidated online request portal that allows a member 
of the public to submit a request for records under subsection 
(a) to any agency from a single website. The portal may include 
any additional tools the Director of the Office of Management and 
Budget finds will improve the implementation of this section. 
‘‘(2) This subsection shall not be construed to alter the power 
of any other agency to create or maintain an independent online 
portal for the submission of a request for records under this section. 
The Director of the Office of Management and Budget shall establish 
standards for interoperability between the portal required under 
paragraph (1) and other request processing software used by agen-
cies subject to this section.’’. 
SEC. 3. REVIEW AND ISSUANCE OF REGULATIONS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the head of each agency (as defined in 
section 551 of title 5, United States Code) shall review the regula-
tions of such agency and shall issue regulations on procedures 
for the disclosure of records under section 552 of title 5, United 
States Code, in accordance with the amendments made by section 
2. 
(b) REQUIREMENTS.—The regulations of each agency shall 
include procedures for engaging in dispute resolution through the 
FOIA Public Liaison and the Office of Government Information 
Services. 
SEC. 4. PROACTIVE DISCLOSURE THROUGH RECORDS MANAGEMENT. 
Section 3102 of title 44, United States Code, is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4); and 
(2) by inserting after paragraph (1) the following: 
‘‘(2) procedures for identifying records of general interest 
or use to the public that are appropriate for public disclosure, 
and for posting such records in a publicly accessible electronic 
format;’’. 
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. 
No additional funds are authorized to carry out the require-
ments of this Act or the amendments made by this Act. The require-
ments of this Act and the amendments made by this Act shall 
be carried out using amounts otherwise authorized or appropriated. 
SEC. 6. APPLICABILITY. 
This Act, and the amendments made by this Act, shall take 
effect on the date of enactment of this Act and shall apply to 
Effective date. 
5 USC 552 note. 
Deadline. 
Procedures. 
5 USC 552 note. 
Standards. 
Consultation. 
Portal. 
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130 STAT. 545 
PUBLIC LAW 114–185—JUNE 30, 2016 
LEGISLATIVE HISTORY—S. 337: 
SENATE REPORTS: No. 114–4 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Mar. 15, considered and passed Senate. 
June 13, considered and passed House. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 
June 30, Presidential remarks. 
any request for records under section 552 of title 5, United States 
Code, made after the date of enactment of this Act. 
Approved June 30, 2016. 
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