United States 114th Congress Status: Died 1 R cosponsors

HR 653 — FOIA Act FOIA Oversight and Implementation Act of 2016

Last action — Received in the Senate and Read twice and referred to the Committee on the Judiciary.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

FOIA Act FOIA Oversight and Implementation Act of 2016 This bill amends the Freedom of Information Act (FOIA) to: require federal agencies to make information that is disclosable under such Act available to the public in an electronic, publicly accessible format; make available to the public copies of all releasable records under FOIA that have been requested three or more times or that inform the public of the operations and activities of the government; require agencies to provide the name, phone number, and email address of an agency employee who can provide current information about the status of a FOIA request; require the Office of Management and Budget to ensure the operation of a consolidated online request portal that allows a member of the public to submit a FOIA request for records from a single website; require agencies, at a minimum, to provide an email address at which FOIA requests are accepted and to publish such email address on the agency website; establish a presumption of openness in administering FOIA by prohibiting an agency from withholding information otherwise disclosable under FOIA unless the agency reasonably foresees that disclosure would cause identifiable harm to an interest protected by a FOIA exemption or if the disclosure is prohibited by law; require agencies to identify the statute that exempts a record from disclosure; exempt from disclosure under FOIA records or information that would adversely affect intelligence sources and methods that are protected by a FOIA exemption; prohibit agencies from denying requests from Congress for information based upon a FOIA exemption; limit the FOIA exemption for agency communications to 25 years after the creation of records and information and require agency disclosure of opinions that are controlling interpretations of law, final reports or memoranda solicited and used to make a final policy decision, and guidance documents used to respond to the public; and require mandatory awards of attorney fees and litigation costs to prevailing parties in FOIA proceedings. The bill expands the duties and reporting requirements of the Office of Government Information Services (OGIS). Requires the OGIS to: (1) identify categories of records that would be appropriate for proactive disclosure, (2) offer mediation services for disputed FOIA requests, (3) make its annual reports available in an electronic, publicly accessible format, and (4) hold annual public meetings. The bill: requires agencies that consult with any entity with substantial interests in the determination of a FOIA request to notify the consulted party of need to consult in writing and the consultation requester of specified information about the consultation process; prohibits agencies from assessing search or duplication fees if they have failed to comply with a statutory deadline for a FOIA request, with limited exceptions for unusual circumstances and FOIA requests of more than 3,000 pages; expands the role of agency Chief FOIA officers to require such officers to serve as the primary liaison between the OGIS and the Office of Information Policy; establishes a Chief FOIA Officers Council for developing recommendations to increase FOIA compliance; requires each agency to review its FOIA regulations within 180 days after the enactment of this Act and issue regulations on procedures for the disclosure of records under FOIA, for engaging in dispute resolution, and for engaging with the OGIS; and requires the Government Accountability Office to conduct, and report on, a study of the feasibility of requiring non-custodians to search for records to respond to FOIA requests. (Sec. 3) The bill requires the Inspector General of each federal agency to: (1) periodically review agency compliance with FOIA, including regarding the timely processing of requests, the assessment of fees and fee waivers, and the use of FOIA exemptions; and (2) make recommendations to each agency, including for disciplinary action. This review must be completed and recommendations made not less than once every two years. (Sec. 4) No additional funds are authorized to carry out the requirements of this Act.

Bill Text

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Action History

  1. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  2. Motion to reconsider laid on the table Agreed to without objection.

  3. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H249-252)

  4. DEBATE - The House proceeded with forty minutes of debate on H.R. 653.

  5. Considered under suspension of the rules. (consideration: CR H249-255)

  6. Mr. Chaffetz moved to suspend the rules and pass the bill, as amended.

  7. Placed on the Union Calendar, Calendar No. 294.

  8. Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-391.

  9. Ordered to be Reported (Amended) by Voice Vote.

  10. Committee Consideration and Mark-up Session Held.

  11. Referred to the House Committee on Oversight and Government Reform.

  12. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights
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Frequently asked questions

What does HR 653 do?
FOIA Act FOIA Oversight and Implementation Act of 2016 This bill amends the Freedom of Information Act (FOIA) to: require federal agencies to make information that is disclosable under such Act available to the public in an electronic, publicly accessible format; make available to the public copies of all releasable records under FOIA that have been requested three or more times or that inform the public of the operations and activities of the government; require agencies to provide the name, phone number, and email address of an agency employee who can provide current information about the status of a FOIA request; require the Office of Management and Budget to ensure the operation of a consolidated online request portal that allows a member of the public to submit a FOIA request for records from a single website; require agencies, at a minimum, to provide an email address at which FOIA requests are accepted and to publish such email address on the agency website; establish a presumption of openness in administering FOIA by prohibiting an agency from withholding information otherwise disclosable under FOIA unless the agency reasonably foresees that disclosure would cause identifiable harm to an interest protected by a FOIA exemption or if the disclosure is prohibited by law; require agencies to identify the statute that exempts a record from disclosure; exempt from disclosure under FOIA records or information that would adversely affect intelligence sources and methods that are protected by a FOIA exemption; prohibit agencies from denying requests from Congress for information based upon a FOIA exemption; limit the FOIA exemption for agency communications to 25 years after the creation of records and information and require agency disclosure of opinions that are controlling interpretations of law, final reports or memoranda solicited and used to make a final policy decision, and guidance documents used to respond to the public; and require mandatory awards of attorney fees and litigation costs to prevailing parties in FOIA proceedings. The bill expands the duties and reporting requirements of the Office of Government Information Services (OGIS). Requires the OGIS to: (1) identify categories of records that would be appropriate for proactive disclosure, (2) offer mediation services for disputed FOIA requests, (3) make its annual reports available in an electronic, publicly accessible format, and (4) hold annual public meetings. The bill: requires agencies that consult with any entity with substantial interests in the determination of a FOIA request to notify the consulted party of need to consult in writing and the consultation requester of specified information about the consultation process; prohibits agencies from assessing search or duplication fees if they have failed to comply with a statutory deadline for a FOIA request, with limited exceptions for unusual circumstances and FOIA requests of more than 3,000 pages; expands the role of agency Chief FOIA officers to require such officers to serve as the primary liaison between the OGIS and the Office of Information Policy; establishes a Chief FOIA Officers Council for developing recommendations to increase FOIA compliance; requires each agency to review its FOIA regulations within 180 days after the enactment of this Act and issue regulations on procedures for the disclosure of records under FOIA, for engaging in dispute resolution, and for engaging with the OGIS; and requires the Government Accountability Office to conduct, and report on, a study of the feasibility of requiring non-custodians to search for records to respond to FOIA requests. (Sec. 3) The bill requires the Inspector General of each federal agency to: (1) periodically review agency compliance with FOIA, including regarding the timely processing of requests, the assessment of fees and fee waivers, and the use of FOIA exemptions; and (2) make recommendations to each agency, including for disciplinary action. This review must be completed and recommendations made not less than once every two years. (Sec. 4) No additional funds are authorized to carry out the requirements of this Act.
Who sponsors HR 653?
HR 653 is sponsored by Darrell Issa (R).
What is the current status of HR 653?
This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 653?
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