House Passes Bipartisan Bill Increasing Transparency in Open Records Process

WASHINGTON— The Freedom of Information Act (FOIA) Oversight and Implementation Act of 2015 or FOIA Act, (H.R. 653), introduced by Representative Darrell Issa (R-CA) and Oversight and Government Reform Committee Ranking Member Elijah Cummings (D-MD), was approved today under suspension of the rules in the U.S. House of Representatives. This legislation makes needed reforms to the FOIA process to provide the public with greater access to information.  

Upon passage, Chairman Chaffetz, Ranking Member Cummings and Congressman Issa made the following statements:

Chairman Chaffetz: “The reforms contained in the bill will significantly improve the American public’s ability to exercise their right to access information under the Freedom of Information Act. I thank Congressman Issa and Ranking Member Cummings for all their hard work in bringing greater transparency to the federal government.”

 Ranking Member Cummings: “This bipartisan legislation finally puts into law the presumption of openness that should be the hallmark of the Freedom of Information Act, regardless of who occupies the White House.  The bill would also take other significant steps to improve FOIA, such as improving the independence of the Office of Government Information Services and making it easier for members of the public to access information.  I urge the Senate to take up this bill without delay and to send it to the President for his signature.”

 Congressman Issa:  “It is appropriate that legislation to enhance transparency and openness of government is one of the first bills approved by the House this year.  The American people deserve to know what their government is doing and how it is spending their money.  FOIA continues to be one of the most effective tools for Americans to access public information.  I look forward to working with our Senate counterparts to swiftly send a final bill to the President’s desk.”

 Specifically, as amended, the bill does the following:

• narrows FOIA exemptions, preventing agencies from withholding documents that rightfully belong to the American public, including exemption five, the most widely abused exemption;
• requires agencies to provide an actual list for all documents found to be responsive, but withheld under an exemption and to identify the decision maker for each of those decisions to use an exemption;
• requires agencies to provide a detailed explanation of fees or fee estimates and prohibits agencies from charging fees if the agency fails to respond within the statutory time limit;
• authorizes disciplinary action for any federal employee withholding responsive records without authorization or any other intentional violation of the law;
• requires agency-wide FOIA training.