Sec. 621. Strengthening FOIA enforcement

544 words·~2 min read·/bill/116/hr/9029/ih/section-621

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Section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ) is amended— in subsection (a)— in paragraph (4)— in subparagraph (B), in the first sentence— by striking and to order and inserting , to order ; and by inserting before the period at the end the following: , to order an agency to make available for public inspection, including by posting electronically, the records described in paragraph (2), to make available to the public on the website of the agency the records described in subsection (p), and to award other appropriate equitable relief ; and in subparagraph (F)(i), in the first sentence— by inserting , orders an agency to make available for public inspection, including by posting electronically, the records described in paragraph (2), or orders an agency to make available to the public on the website of the agency the records described in subsection (p), after improperly withheld from the complainant ; and by inserting or unavailability of records after the withholding each place that term appears; and in paragraph (6), by adding at the end the following:

Notwithstanding any determination made under subparagraph (A)(i), or any appeal to such a determination under subparagraph (A)(ii), the Office of Government Information Services established under subsection

(h)shall require an agency to comply with a request for records made under paragraph (1), (2), or (3), or any other requirement of this subsection, if the Office determines that the agency has not reasonably and impartially complied with the requirements of this subsection. If the Office makes a determination under clause

(i)that an agency has not reasonably or impartially complied with a request for records made under paragraph (1), (2), or (3), or any other requirement of this subsection, and requires the agency to comply with that request or requirement, the Office shall make available to the public on the website of the Office that determination and any response and regular update by the agency of compliance by the agency. Nothing in clause

(i)or

(ii)shall be construed to prevent or restrict the ability of an individual to bring a suit to compel the disclosure of records under this section. ; in subsection (d), by inserting any Member of before Congress ; in subsection (h)(3)— by inserting

(A)before The Office ; and by adding at the end the following: The Director of the Office of Public Integrity, or a designee of the Director, may submit a non-binding recommendation to the Office of Government Information Services regarding the disclosure of information under this section during a mediation service provided under subparagraph (A). ; and by adding at the end the following: Each agency shall maintain and make available through a single website, which may be the website described in subsection

(m)and shall be managed by the Office of Public Integrity, an agency record database that— contains a log of the status of each open request for records from the agency under this section; and makes each request for records under this section with which the agency complies available in a format that is searchable, sortable, machine-readable, and downloadable not later than 60 days after the date on which the request is first received by the agency. .