[国会记录第160卷，第148号（2014年12月8日星期一）][参议院][第S6375-S6377页]2014年《信息自由法改进法案》，莱希先生。主席先生，我即将提出一项一致同意的请求，但我应该解释原因。它是关于信息自由法的，这是我们国家最重要的法律之一。近50年来，《信息自由法》为美国人提供了一条获取政府信息的途径，确保了他们了解政府正在做什么的权利。如今，参议院正准备在这一重要遗产的基础上再接再厉，通过两党合作的《利希·科宁信息自由法改进法案》。《信息自由法改进法案》将编纂总统在其2009年历史性行政命令中提出的内容。这项立法将要求联邦机构采用“公开性假设”，并将其作为人民利益的优先事项。我们的法案将减少在没有可预见的损害的情况下过度使用豁免来隐瞒信息。它将提供信息供公众查阅，并在网上提供经常需要的文件。它将为政府信息服务办公室（OGIS）提供额外的独立性和开展工作的权力。我相信这项立法重申了《信息自由法》的基本前提，即政府信息属于所有美国人。《信息自由法》的通过将有助于向3亿多美国人开放政府，而这些美国人本应为政府服务。该法案得到70个主张政府透明度的公共利益团体的支持。阳光政府倡议说，莱希-科宁法案“通过限制机构向公众隐瞒数十年前文件的能力，加强了政府透明度”。我们在司法委员会向全体参议院报告了这项立法，并获得一致支持。高级成员格拉斯利说，《信息自由法改进法案》拉开了帷幕，为联邦政府提供了更多的阳光。“多年来，科宁参议员一直是我在政府透明度问题上的合作伙伴，并指出我们两党的努力”“开放政府，使其更方便消费者和客户。”我感谢他们的努力这项立法的工作。今天，我要求参议院通过S.2520，即2014年两党《信息自由法改进法案》。我们经常谈论政府透明度的必要性，许多人还注意到，民主党和共和党能够在任何立法上走到一起是多么罕见。今天，我们可以完成这两件事，但时间不多了。经过漫长而深思熟虑的协商，我们以两党合作的方式起草了这项法案。它得到了一系列利益相关者的广泛支持。我敦促所有参议员今天支持通过这项立法，以便众议院能够审议这项立法，并在本次国会结束前送交总统签署成为法律。总统先生，我请求参议院一致同意审议第605号日历第2520条。主持会议的官员。秘书将按标题报告账单。助理立法书记宣读如下：改善《信息自由法》的法案（第2520条）。参议院继续审议该法案，该法案已从司法委员会报告，修正案在制定条款后全部罢工，并在以下内容中插入：S 2520第1节。简称。该法案可引称为《2014年信息自由法改进法案》。秒。2.《信息自由法》修正案。修订《美国法典》第5编第552节——（1）在第（a）小节中——（a）在第（2）款中——（i）在第（a）小节之前的事项中，删去“供公众查阅和复制”，并插入“供公众查阅的电子格式”；（ii）删去（D）项并插入以下内容：`（D）所有记录的副本，不论其形式或格式--`（i）已根据第（3）款发布给任何人；以及``（ii）（I）由于其标的物的性质，管理局确定已成为或可能成为后续要求提供基本相同记录的标的；或``（II）被请求不少于3次；及";；（iii）在（E）项之后的未指定事项中，删去“公开查阅和复制当前文件”并插入“公开查阅电子文件”；（B） 在第（4）（A）段中，删去第（viii）条并插入以下内容：`（viii）（I）除第（II）款规定外，代理机构不得评估任何搜索费（或者，对于本款第（II）（II）条所述的请求者，不得评估复制费）如果管理局未能遵守第（6）款规定的任何时限，则根据本款规定``（二） （aa）如果机构已确定适用异常情况（如第（6）（B）款中定义的术语），且机构根据第（6）（B）款及时向请求者发出书面通知，a failure described in subclause (I) is excused for an additional 10 days. If the agency fails to comply with the extended time limit, the agency may not assess any search 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 circumstances apply and more than 50,000 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 discussed 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 circumstances 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.''; [[Page S6376]] (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 determination; 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 Information 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-- ``(i) shall-- ``(I) withhold information under this section only if-- ``(aa) the agency reasonably foresees that disclosure would harm an interest protected by an exemption described in subsection (b) or other provision of law; or ``(bb) disclosure is prohibited by law; and ``(II)(aa) consider whether partial disclosure of information is possible whenever the agency determines that a full disclosure of a requested record is not possible; and ``(bb) take reasonable steps necessary to segregate and release nonexempt information; and ``(ii) may not-- ``(I) withhold information requested under this section merely because the agency can demonstrate, as a technical matter, that the records fall within the scope of an exemption described in subsection (b); or ``(II) withhold information requested under this section merely because disclosure of the information may be embarrassing to the agency or because of speculative or abstract concerns. ``(B) Nothing in this paragraph requires disclosure of information that is otherwise prohibited from disclosure by law, or otherwise exempted from disclosure under subsection (b)(3).''; (2) in subsection (b), by amending paragraph (5) to read as follows: ``(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, if the requested record or information was created less than 25 years before the date on which the request was made;''; (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 Government 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 following: ``(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 following: ``(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 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 subparagraphs (E), (F), and (G) of subsection (a)(4); and ``(iii) a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section. ``(B) The Attorney General of the United States shall make-- ``(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 requirement; ``(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 compliance under this section.''; (C) by striking paragraph (3) and inserting the following: ``(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 dispute resolution with the assistance of the Office of Government 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 are those of the Director and do not necessarily represent the views of the President. ``(5) The Director of the Office of Government Information Services 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 (i), (j), and (k), and inserting the following: ``(i) The Government Accountability Office shall-- ``(1) not later than 1 year after the date of enactment of the FOIA Improvement Act of 2014 and every 2 years thereafter, conduct audits of 3 or more administrative agencies on compliance with and implementation of the requirements of this section and issue reports detailing the results of such audits; ``(2) not later than 1 year after the date of enactment of the FOIA Improvement Act of 2014 and every 2 years thereafter, issue a report cataloging the number of exemptions described in paragraphs (3) and (5) of subsection (b) and the use of such exemptions by each agency; ``(3) not later than 1 year after the date of enactment of the FOIA Improvement Act of 2014, conduct a study on the methods Federal agencies use to reduce the backlog of requests under this section and issue a report on the effectiveness of those methods; and ``(4) submit copies of all reports and audits described in this subsection to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on the Judiciary of the Senate. ``(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 appropriate 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 performance in implementing this section; [[Page S6377]] ``(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 appropriate, of certain general categories of agency records to which those exemptions apply; ``(F) offer training to agency staff regarding their responsibilities under this section; ``(G) serve as the primary agency liaison with the Office of Government Information Services and the Office of Information 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 requirements 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 ``(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 performance 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 information 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: ``(m)(1) The Director of the Office of Management and Budget, in consultation with the Attorney General, shall ensure the operation 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 agencies 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 regulations 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 requirements of this Act or the amendments made by this Act. The requirements of this Act and the amendments made by this Act shall be carried out using amounts otherwise authorized or appropriated. Mr. LEAHY. Mr. President, I ask unanimous consent that the committee- reported substitute amendment be agreed to; the bill, as amended, be read a third time and passed; and the motion to reconsider be laid upon the table with no intervening action or debate. The PRESIDING OFFICER. Without objection, it is so ordered. The committee-reported amendment in the nature of a substitute was agreed to. The bill (S. 2520), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed. Mr. LEAHY. Mr. President, I see other Senators seeking the floor. I yield the floor. The PRESIDING OFFICER. The Senator from Iowa. ____________________