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FOIA Improvement Act of 2016

Public Law 114-185 · S. 337 · 114th Congress · began in the Senate

Signed by Barack Obama (D) on Jun 30, 2016 · Government Operations and Politics

Sponsor: Sen. John Cornyn (R-TX)

Cosponsors (5): Sen. Patrick Leahy,

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

FOIA Improvement Act of 2016

(Sec. 2) This bill amends the Freedom of Information Act (FOIA) to:

• require federal agencies to make their disclosable records and documents available for public inspection in an electronic format;

• require agencies to make available for inspection in an electronic format records that have been requested three or more times (frequently requested records);

• prohibit an agency from charging a fee for providing records if the agency misses a deadline for complying with an FOIA request unless unusual circumstances apply and more than 5,000 pages are necessary to respond to the request;

• prohibit an agency from withholding information requested under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or disclosure is prohibited by law (presumption of openness);

• limit the FOIA exemption for agency communications to allow the disclosure of agency records created 25 years or more before the date of a FOIA request;

• require the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between agencies and FOIA requesters;

• expand the authority and duties of the Chief FOIA Officer of each agency to require officers to serve as the primary agency liaison with OGIS and the Office of Information Policy;

• establish a Chief FOIA Officers Council to develop recommendations for increasing compliance and efficiency in responding to FOIA requests, disseminating information about agency experiences, identifying, developing, and coordinating initiatives to increase transparency and compliance, and promoting performance measures to ensure agency compliance with FOIA requirements; and

• require the Director of 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 request for records to any agency from a single website.

(Sec. 3) The head of each agency (i.e., each authority of the U.S. government, excluding the Congress, U.S. courts, governments of U.S. territories and possessions, and the government of the District of Columbia) is required to: (1) review agency regulations and issue regulations on procedures for disclosure of records in accordance with the amendments made by this bill, and (2) include in such regulations procedures for engaging in dispute resolution through the FOIA Public Liaison and OGIS.

(Sec. 4) The program for the efficient management of federal agency records is expanded to require agency heads to establish procedures for: (1) identifying records of general interest or use to the public that are appropriate for public disclosure, and (2) posting such records in a publicly-accessible electronic format.

(Sec. 5) No additional funds are authorized to carry out the requirements of this bill.

(Sec. 6) This bill shall take effect on its enactment date and shall apply to all FOIA requests for records made after its enactment date.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

1 bill the Library of Congress relates to this one.

  • H.R. 653Related bill

    FOIA Oversight and Implementation Act of 2016

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 19 actions.

  1. Jun 30, 2016Became lawBecame law · Became Public Law No: 114-185.
  2. Became lawBecame law · Signed by President.
  3. Jun 22, 2016FloorFloor · Presented to President.
  4. Jun 13, 2016FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  5. FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
  6. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 337.
  7. FloorFloor · Considered under suspension of the rules.
  8. FloorFloor · Mr. Meadows moved to suspend the rules and pass the bill.
  9. Mar 16, 2016FloorFloor · Held at the desk.
  10. FloorFloor · Received in the House.
  11. FloorFloor · Message on Senate action sent to the House.
  12. Mar 15, 2016FloorFloor · Passed Senate with an amendment by Unanimous Consent.
  13. FloorFloor · Measure laid before Senate by unanimous consent.
  14. Feb 23, 2015FloorFloor · By Senator Grassley from Committee on the Judiciary filed written report. Report No. 114-4. Additional views filed.
  15. Feb 9, 2015CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 17.
  16. CommitteeCommittee · Committee on the Judiciary. Reported by Senator Grassley without amendment. Without written report.
  17. Feb 5, 2015CommitteeCommittee · Committee on the Judiciary. Ordered to be reported without amendment favorably.
  18. Feb 2, 2015CommitteeCommittee · Read twice and referred to the Committee on the Judiciary.
  19. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

  • S.Amdt. 3452SenateSen. John CornynR-TX· offered Mar 15, 2016Agreed to

    In the nature of a substitute.

    Mar 15, 2016: Amendment SA 3452 agreed to in Senate by Unanimous Consent.

    Agreed to
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.