Sec. 631. Expanding applicability of the Freedom of Information Act to Federal contractors

321 words·~1 min read·/bill/116/hr/9029/ih/section-631

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section, the term agency has the meaning given the term in section 552(f) of title 5, United States Code. A record relating to a Federal contractor, including a record relating to a non-Federal prison, correctional, or detention facility, produced during fulfillment of the Federal contract with an agency with funds provided under the contract shall be— considered a record for purposes of section 552(f)(2) of title 5, United States Code, whether in the possession of the Federal contractor or an agency; and subject to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), to the same extent as if the record was maintained by an agency.

An agency may not withhold information that would otherwise be required to be disclosed under subsection

(b)unless— the agency, based on the independent assessment of the agency, reasonably foresees that disclosure of the information would cause specific identifiable harm to an interest protected by an exemption from disclosure under section 552(b) of title 5, United States Code; or disclosure of the information is prohibited by law. An agency may promulgate regulations or guidance to ensure compliance with this section by the agency and Federal contractors. Compliance with this section by an applicable entity shall be included as a material term in any contract, agreement, or renewal of a contract or agreement between the agency and the Federal contractor. Not later than 1 year after the date of enactment of this Act, an agency shall secure a modification to include compliance with this section by a Federal contractor as a material term in any contract or agreement described under subparagraph

(A)that will not otherwise be renegotiated, renewed, or modified before the date that is 1 year after the date of enactment of this Act. Nothing in this section shall be construed to limit or reduce the scope of State or local open records laws.