[国会记录162卷，41号（星期二，2016年3月15日）] [参议院]通过政府出版办公室[www.gpo.gov] [网页的S1494-S1496]从国会记录在线FOIA改进法案2015年先生格拉斯利。主席先生，上周在参议院通过全面成瘾与回收法案，我的地板上有关在参议院得到完成，因为共和党人接管了良好的工作发了言。一次又一次，我们已经看到了过道两边走到一起，找到解决实际问题面临美国人民切实可行的解决方案。这是参议院应该在上班的路上，我们需要保持这种势头，因为我们向前迈进，以解决其他关键问题。金博宝正规网址作为司法委员会主席，我仍然是我们在获得在两党的方式完成工作所起的作用感到自豪。今天，在参议院的地板上，我们正在做的一次。我们正在通过另一个司法委员会法案携带强，两党的支持。我们正在通过另一个司法委员会的法案，解决实际问题，并通过在政治光谱的两端都支持的乡亲。金博宝正规网址不要误会我的意思。 Finding agreement on both sides of the aisle is no easy task. Even the most well-intentioned efforts can get bogged in the details. But the fact that we are here today is a testament to good-faith negotiations and a commitment to make government work for the American people. And it is another indication of what this institution can be and what it was meant to be. The FOIA Improvement Act makes much-needed improvements to the Freedom of Information Act, and its passage marks a critically important step in the right direction toward fulfilling FOIA's promise of open government. I am proud to be an original co-sponsor of the FOIA Improvement Act, and I want to thank Senator Cornyn and the ranking member of the Judiciary Committee, Senator Leahy, for their tireless, bipartisan work to advance this bill through the Senate. I am especially proud that the bill's passage occurs during this year's Sunshine Week, an annual nationwide initiative highlighting the importance of openness and transparency in government. Every year, Sunshine Week falls around the birthday of James Madison, the father of our Constitution. This isn't by mistake. Madison's focus on ensuring that government answers to the people is embodied in the spirit of FOIA, so passing the FOIA Improvement Act this week is a fitting tribute to his commitment to accountable government and the protection of individual liberty. And it is an opportunity for us all to recommit ourselves to these same higher principles. This year marks the 50th anniversary of FOIA's enactment. For over five decades, FOIA has worked to help folks stay in the know about what their government is up to. The Supreme Court said it best when it declared: ``The basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.'' To put it simply, FOIA was created to ensure government transparency, and transparency yields accountability. After all, a government that operates in the dark, without fear of exposure or scrutiny, is one that enables misdeeds by those who govern and fosters distrust among the governed. By peeling back the curtains and allowing the sunlight to shine in, however, FOIA helps fight back against waste, fraud, and abuse of the taxpayer's dollar. No doubt, FOIA has successfully brought to light numerous stories of government's shortcomings. Through FOIA, folks have learned about public health and safety concerns, mistreatment of our Nation's veterans, and countless other matters that without FOIA would not have come to light. But despite its successes, a continued culture of government secrecy has served to undermine FOIA's fundamental promise. For example, we have seen dramatic increases in the number of backlogged FOIA requests. Folks are waiting longer than ever to get a response from agencies. Sometimes, they simply hear nothing back at all. And we have seen a record-setting number of FOIA lawsuits filed to challenge an agency's refusal to disclose information. More and more, agencies are simply finding ways to avoid their duties under FOIA altogether. They are failing to proactively disclose information, and they are abusing exemptions to withhold information that should be released to the public. Problems with FOIA have persisted under both Republican and Democrat administrations, but under President Obama, things have only worsened, and his commitment to a ``new era of openness'' has proven illusory at best. In January, the Des Moines Register published a scathing editorial, outlining the breakdowns in the FOIA system and calling on Congress to tackle the issue head-on. The editorial described: ``In the Obama administration, federal agencies that supposedly work for the people have repeatedly shown themselves to be flat-out unwilling to comply with the most basic requirements of the Freedom of Information Act.'' It continued: ``At some federal agencies, FOIA requests are simply ignored, despite statutory deadlines for responses. Requesters are often forced to wait months or years for a response, only to be denied access and be told they have just 14 days to file an appeal.'' According to the editorial: ``Other administrations have engaged in these same practices, but Obama's penchant for secrecy is almost unparalleled in recent history.'' These are serious allegations, and no doubt, there are serious problems needing fixed. So reforms are necessary to address the breakdowns in the FOIA system, to tackle an immense and growing backlog of requests, to modernize the way folks engage in the FOIA process, and to ultimately help change the culture in government toward openness and transparency. What we have accomplished with this bill--in a bipartisan manner--is a strong step in the right direction. First, the bill makes much-needed improvements to one of the most overused FOIA exemptions. It places a 25-year sunset on the government's ability to withhold certain documents that demonstrate how the government reaches decisions. Currently, many of these documents can be withheld from the public forever, but this bill helps bring them into the sunlight, providing an important and historical perspective on how our government works. Second, the bill increases proactive disclosure of information. It requires agencies to make publicly available any documents that have been requested and released three or more times under FOIA. This will go a long way toward easing the backlog of requests. Third, the bill gives more independence to the Office of Government Information Services. OGIS, as it is known, acts as the public's FOIA ombudsman and helps Congress better understand where breakdowns in the FOIA system are occurring. OGIS serves as a key resource for the public and Congress, and this bill strengthens OGIS's ability to carry out its vital role. Fourth, through improved technology, the bill makes it easier for folks to submit FOIA requests to the government. It requires the development of a single, consolidated online portal through which folks can file a request. But let me be clear: it is not a one-size-fits-all approach. Agencies will still be able to rely on request-processing systems they have already built into their operations. [[Page S1495]] Most importantly, the bill codifies a presumption of openness for agencies to follow when they respond to FOIA requests. Instead of knee- jerk secrecy, the presumption of openness tells agencies to make openness and transparency their default setting. These are all timely and important reforms to the FOIA process, and they will help ensure a more informed citizenry and a more accountable government. So I am pleased to see this bill move through the Senate. President Obama has an opportunity to join with Congress in securing some of the most substantive and necessary improvements to FOIA since its enactment. On July 4 of this year, FOIA turns 50. Let's continue this strong, bipartisan effort to send a bill to the President's desk before then. Let's work together to help fulfill FOIA's promise. I yield the floor. The PRESIDING OFFICER. The Senator from Vermont. Mr. LEAHY. Mr. President, I thank the senior Senator from Iowa for his remarks. As he knows, I have worked for years on improving FOIA along with my friend, the senior Senator from Texas. We are celebrating Sunshine Week, a time to pay tribute to one of our Nation's most basic values--the public's right to know. Our very democracy is built on the idea that our government should not operate in secret. James Madison, a staunch defender of open government and whose birthday we celebrate each year during Sunshine Week, wisely noted that for our democracy to succeed, people ``must arm themselves with the power knowledge gives.'' It is only through transparency and access to information that the American people can arm themselves with the information they need to hold our government accountable. We are also celebrating the 50th anniversary of the enactment of the Freedom of Information Act, FOIA, our Nation's premier transparency law. I was actually at the National Archives yesterday, and I looked at the actual bill signed into law in 1966 by then-President Johnson, Vice President Hubert Humphrey, and Speaker John McCormack, all who were here long before I was. I was thinking that, 50 years ago, the Freedom of Information Act became the foundation on which all our sunshine and transparency policies rest, so I can think of no better way to celebrate both Sunshine Week and the 50th Anniversary of FOIA than by passing the FOIA Improvement Act. This bipartisan bill, which I coauthored with Senator Cornyn, codifies the principle that President Obama laid out in his 2009 executive order. He asked all Federal agencies to adopt a ``presumption of openness'' when considering the release of government information under FOIA. That follows the spirit of FOIA put into place by President Clinton, repealed by President Bush, and reinstated as one of President Obama's first acts in office, but I think all of us felt we should put the force of law behind the presumption of openness so that the next President, whomever he or she might be, cannot change that without going back to Congress. Congress must establish a transparency standard that will remain for future administrations to follow--and that is what our bill does. We should not leave it to the next President to decide how open the government should be. We have to hold all Presidents and their administrations accountable to the highest standard. I do not think my friend, the senior Senator from Texas, will object if I mention that in our discussions we have both said words to the effect that we need FOIA, whether it is a Democratic or Republican administration. I do not care who controls the administration. When they do things they think are great, they will release a sheath of press releases about them. However, it is FOIA that lets us know when they are not doing things so well. The government works better if every administration is held to the same standard. The FOIA Improvement Act also provides the Office of Government Information Services, OGIS, with additional independence and authority to carry out its work. The Office of Government and Information Services, created by the Leahy-Cornyn OPEN Government Act in 2007, serves as the FOIA ombudsman to the public and helps mediate disputes between FOIA requesters and agencies. Our bill will provide OGIS with new tools to help carry out its mission and ensure that OGIS can communicate freely with Congress so we can better evaluate and improve FOIA going forward. The FOIA Improvement Act will also make FOIA easier to use by establishing an online portal through which the American people can submit FOIA requests, and it will ensure more information is available to the public by requiring that frequently requested records be made available online. Last Congress, the FOIA Improvement Act, which Senator Cornyn and I wrote, passed the Senate unanimously. The House failed to take it up. So as the new Congress came in, to show we are bipartisan with a change from Democratic leadership to Republican leadership, Senator Cornyn and I moved quickly to reintroduce our legislation in the new Congress. The Senate Judiciary Committee unanimously approved our bill in February 2015. Sometimes it is hard for the Senate Judiciary Committee to unanimously agree that the sun rises in the east, but on this issue, we came together. Our bill has been awaiting Senate action for over a year. I urge its swift passage today. I want the House to take it up. I want the President to sign it into law. I am proud to stand here with my good friend, the senior Senator from Texas. The PRESIDING OFFICER (Ms. Ayotte). The Senator from Texas. Mr. CORNYN. Madam President, I want to thank my colleague, the Senator from Vermont, for being together with me on what some people would regard as the Senate's odd couple--people with very different views on a lot of different things but who try to work together on legislation such as this, freedom of information reform legislation, but I can think of others that we worked on as well, such as patent reform and criminal justice reform. I think most people are a little bit surprised when they see us fighting like cats and dogs on various topics, which we will--and those fights are important when they are based on principle--I think they are a little bit surprised when they see us then come together and try to find common cause, common ground on things such as this, but this is the sort of thing that makes the Senate work. This is the sort of thing that the American people deserve, when Republicans and Democrats, people all along the ideological spectrum, work together to find common ground. I couldn't agree with the Senator more about, really, a statement of human nature. It is only human nature to try to hide your failures and to trumpet your successes. It is nothing more, nothing less than that. But what the Freedom of Information Act is premised on is the public's right to know what their government is doing on their behalf. I know some people might think, well, for somebody who is a conservative, this is a little bit of an odd position. Actually, I think it is a natural fit. If you are a conservative like me, you think that the government doesn't have the answer to all the challenges that face our country, that sometimes, as Justice Brandeis said, sunlight is the best disinfectant. Indeed, I know something else about human nature: that people act differently when they know others are watching than they do when they think they are in private and no one can see what they are doing. It is just human nature. So I have worked together with Mr. Leahy, the Senator from Vermont, repeatedly to try to advance reforms of our freedom of information laws, and I am glad to say that today we will have another milestone in that very productive, bipartisan relationship on such an important topic. This is Sunshine Week, a week created to highlight the need for more transparent and open government. Let me mention a couple of things this bill does. It will, of course, as we said, strengthen the existing Freedom of Information Act by creating a presumption of openness. It shouldn't be incumbent on an American citizen asking for information from their own government-- information generated and maintained at taxpayer expense--they shouldn't have to come in and prove something to be able to get access to something that is theirs in the [[Page S1496]] first place. Now, there may be good reason--classified information necessary to fight our Nation's adversaries, maybe personally private information that is really not the business of government, but if it is, in fact, government information bought for and maintained by the taxpayer, then there ought to be a presumption of openness. This legislation will, in other words, build on what our Founding Fathers recognized hundreds of years ago: that a truly democratic system depends on an informed citizenry to hold their leaders accountable. And in a form of government that depends for its very legitimacy on the consent of the governed, the simple point is, if the public doesn't know what government is doing, how can they consent? So this is also about adding additional legitimacy to what government is doing on behalf of the American people. I just want to again thank the chairman of the Senate Judiciary Committee. We had a pretty productive couple of weeks with passage of the Comprehensive Addiction and Recovery Act, which the Presiding Officer was very involved in, and now passage of this legislation by, I hope, unanimous consent. Presumption of Openness Mr. LEAHY. Madam President, Senator Cornyn and I have worked together to improve and protect the Freedom of Information Act, FOIA--our Nation's premiere transparency law--for many years and look forward to continuing this partnership. The bill we passed today codifies the principle that President Obama laid out in his 2009 Executive order in which he asked all Federal agencies to adopt a ``presumption of openness'' when considering the release of government information under FOIA. This policy embodies the very spirit of FOIA. By putting the force of law behind the presumption of openness, Congress can establish a transparency standard that will remain for generations to come. Importantly, codifying the presumption of openness will help reduce the perfunctory withholding of documents through the overuse of FOIA's exemptions. It requires agencies to consider whether the release of particular documents will cause any foreseeable harm to an interest the applicable exemption is meant to protect. If it will not, the documents should be released. Mr. CORNYN. I thank Senator Leahy for his remarks and for working together on this important bill. This bill is a good example of the bipartisan work the Senate can accomplish when we work together toward a common goal. I agree with Senator Leahy that the crux of our bill is to promote disclosure of government information and not to bolster new arguments in favor of withholding documents under FOIA's statutory exemptions. I want to clarify a key aspect of this legislation. The FOIA Improvement Act makes an important change to exemption (b)(5). Exemption (b)(5) permits agencies to withhold documents covered by litigation privileges, such as the attorney-client privilege, attorney work product, and the deliberative process privilege, from disclosure. Our bill amends exemption (b)(5) to impose a 25-year sunset for documents withheld under the deliberative process privilege. This should not be read to raise an inference that the deliberative process privilege is somehow heightened or strengthened as a basis for withholding before the 25-year sunset. This provision of the bill is simply meant to effectuate the release of documents withheld under the deliberative process privilege after 25 years when passage of time undoubtedly dulls the rationale for withholding information under this exemption. Mr. LEAHY. I thank Senator Cornyn for his comments, and I agree with his characterization of the intent behind the 25-year sunset and the deliberative process privilege. This new sunset should not form the basis for agencies to argue that the deliberative process privilege somehow has heightened protection before the 25-year sunset takes effect. Similarly, the deliberative process privilege sunset is not intended to create an inference that the other privileges--including attorney-client and attorney work product, just to name a few--are somehow heightened in strength or scope because they lack a statutory sunset or that we believe they should not be released after 25 years. Courts should not read the absence of a sunset for these other privileges as Congress's intent to strengthen or expand them in any way. Mr. CORNYN. I thank Senator Leahy for that clarification and agree with his remarks. If there is any doubt as to how to interpret the provisions of this bill, they should be interpreted to promote, not detract, from the central purpose of the bill which is to promote the disclosure of government information to the American people. Madam President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 17, S. 337. The PRESIDING OFFICER. The clerk will report the bill by title. The bill clerk read as follows: A bill (S. 337) to improve the Freedom of Information Act. There being no objection, the Senate proceeded to consider the bill. Mr. CORNYN. Madam President, I ask unanimous consent that the Cornyn substitute amendment be agreed to; that the bill, as amended, be read a third time and passed; and that the motion to reconsider be considered made and laid upon the table. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment (No. 3452) in the nature of a substitute was agreed to. (The amendment is printed in today's Record under ``Text of Amendments.'') The bill (S. 337), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed. Mr. CORNYN. I thank the Presiding Officer. Again, let me express my gratitude to my partner in this longstanding effort. Since I have been in the Senate, Senator Leahy has worked tirelessly, together with me and my office and really the whole Senate, to try to advance the public's right to know by reforming and expanding our freedom of information laws. Thank you. Mr. LEAHY. Madam President, I thank the distinguished senior Senator from Texas. He has worked tirelessly on this, and I think we both agree that the best government is one where you know what they are doing. ____________________ SA 3452. Mr. CORNYN (for himself and Mr. Leahy) proposed an amendment to the bill S. 337, to improve the Freedom of Information Act; as follows: Strike all after the enacting clause and insert the following: 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 paragraph (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 substantially the same records; or ``(II) that have been requested 3 or more times; and''; and (iii) in the undesignated matter following subparagraph (E), by striking ``public inspection and copying current'' and inserting [[Page S1509]] ``public inspection in an electronic 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 subparagraph, 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 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 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 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.''; (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 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 disclosure 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 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, 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 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 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 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 nonexclusive 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.''; [[Page S1510]] (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 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; ``(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. 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 any request for records under section 552 of title 5, United States Code, made after the date of enactment of this Act. ______