H. R. 8
IN THE HOUSE OF REPRESENTATIVES
AUGUST 7, 2022
Mr. CRANKYIUKE (for himself and Mr. CITYUSER) introduced the following bill:
A BILL
To govern access to public information.
Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Freedom of Information Act” or “FOIA”.
SEC. 2. ENACTMENT.
This Bill shall go into effect as an Act of Congress upon the completion of the constitutionally required processes.
SEC. 3. SEVERABILITY.
Should any part of this Act be struck down and/or declared unenforceable, then that part shall be severed with the rest remaining in full force and effect unless all is struck down and/or declared unenforceable.
SEC. 4. ENFORCEMENT.
This Act shall be enforced by all Courts and other Judicial Bodies of the State of Firestone.
SEC. 5. INTRODUCTION.
This Act shall govern access to government documents and records.
SEC. 6. ENTITIES SUBJECT.
The following entities are subject to this Act and obligated to follow it—
(a) the Governor and their own autonomous office, and
(b) the executive administrations of Stapleton County and any inferior governments, including but not limited to the County Executive and their office, and
(c) all departments and academies of the State of Firestone, Stapleton County, and any inferior governments, and
(d) the Board of Rehabilitation and Employment of Criminals, and
(e) the Board of Legal Examiners and Ethics, and
(f) the Securities Exchange Commission.
SEC. 7. SUBMITTING REQUESTS.
(a) Any citizen may request any information from any entity subject to this Act.
(b) The term “information” also includes records.
(c) Such a request shall be submitted by written means—
(i) to a person so delegated by the entity to receive requests, or
(ii) using the submission system or form made available by the entity to receive requests, or
(iii) if no such person or system is specified, the head of the entity, or
(iv) if the entity lacks any of the above, any member of the entity.
(d) Such a request shall include—
(i) the citizen who is requesting the information, and
(ii) an appropriate avenue to contact this person, and
(iii) the information requested.
(e) A request not submitted in accordance with this section is not valid.
SEC. 8. RECEIVING REQUESTS.
(a) Any entity subject to this Act must provide by written means via the avenue specified—
(i) a decision or receipt within five (5) days of receiving a valid request, and
(ii) a decision or late notice within twelve (12) days of receiving a valid request, and
(ii) a decision within thirty (30) days of receiving a valid request.
(b) If the person requesting the information cannot be contacted by written means via the avenue specified, the request can be discarded.
(c) A receipt shall include—
(i) the name of the entity, and
(ii) what information was requested, and
(iii) when the request was received.
(d) A late notice shall include—
(i) the name of the entity, and
(ii) what information was requested, and
(iii) when the entity expects a decision will be made, and
(iv) the reason for the delay in making a decision.
(e) A decision shall include—
(i) the name of the entity, and
(ii) what information was requested, and
(iii) all eligible information requested or an avenue to access it, and
(iv) if any information requested is ineligible, a detailed motivation as to why the entity believes that to be the case.
SEC. 9. ELIGIBILITY OF INFORMATION.
(a) Information that is designated by law as public or publicly available is always eligible.
(b) The following information is never eligible—
(i) lawfully classified information, and
(ii) information that is designated by law as confidential or otherwise exempt from release, and
(iii) information covered by attorney-client privilege, and
(iv) information that is not held by the entity, and
(v) any passphrase, code, invite link or similar, the release of which would defeat its purpose, and
(vi) the medical records of a specific individual.
(c) The following information is not eligible if its collection and disclosure would be more likely to be harmful than beneficial, considering the interests of all parties—
(i) information where its secrecy serves legitimate law enforcement interests, and
(ii) information which requires significant effort to collect, and
(iii) information where its secrecy is required for an active examination or assessment process, and
(iv) information which would bring undue personal harm or embarassment to a specific individual, unrelated to the execution of official duties, and
(v) drafts and work-in-progress documents that are actively being prepared, and
(vi) information which if released would defeat a legitimate protocol designed to ensure security or safety or prevent misconduct or crime.
SEC. 10. REGISTER OF REQUESTS.
(a) Every entity subject to this Act must maintain a register of all requests received.
(b) This register must also include any receipts, late notices, and decisions sent by the entity.
(c) This register shall be publicly available.
SEC. 11. LEGAL RECOURSE.
(a) Any citizen whose request to an entity was not treated in accordance with this Act shall have standing against that entity.
(b) Any citizen shall have standing against an entity that does not fulfill the duties prescribed in section 10 of this Act.
(c) A court may order an entity to fulfill their duties pursuant to this Act or release information which was erroneously found to be ineligible.