Watchdog, lawmakers eye better information flow
Many government entities have promised more streamlined FOIA processes by mid-2007.
Some federal agencies have taken proactive steps to boost the processing efficiency for document requests under the Freedom of Information Act, but future agency plans for action a decade after Congress updated the law for the Internet age dismay at least one watchdog.
The 1996 changes to the 40-year-old law sought to improve public access to government information, particularly electronic records, and reduce lag time in responses to FOIA requests. Many government entities have promised more streamlined FOIA processes by mid-2007.
But Patrice McDermott, the director of OpenTheGovernment.org, told a House Government Reform subcommittee on Wednesday that two agencies that should set the standard -- the Justice Department and White House Office of Management and Budget -- are not yet serious about reform. "There is no enforcement mechanism provided and no repercussions for ignoring these requirements," she said in written testimony.
The Government Management, Finance and Accountability Subcommittee first looked at FOIA in May 2005. Since then, President Bush has issued an executive order requiring agencies to review FOIA compliance and develop specific enhancement plans.
The administration directed agencies to designate a chief FOIA officer, establish an information-requester service center and provide blueprints for FOIA improvements to the attorney general and OMB by June 14. The White House expects a full report on FOIA progress in October.
Twenty-four agencies received a combined 2.6 million FOIA requests in 2005 -- an increase of 27 percent since 2002, according to Linda Koontz, director of information management issues at the Government Accountability Office. But departments are having trouble satisfying data requests.
The number of pending cases carried over annually rose to about 200,000 in fiscal 2005, a 43 percent increase over fiscal 2002, Koontz said in written testimony. Difficulties in coordinating responses within large, decentralized agencies and limitations in systems that track FOIA processing are to blame, she said.
Congress should approve funds geared toward promoting prompt public disclosure, McDermott said. She urged lawmakers to pass pending FOIA bills, H.R. 867, H.R. 1620 and S. 589.
The sponsors of those measures -- Reps. Lamar Smith, R-Texas, and Brad Sherman, D-Calif., and Sen. John Cornyn, R-Texas -- were slated to testify at the House hearing. "Exemptions [to FOIA] are too broad, and there is a complete lack of any meaningful penalties, either for individuals or agencies that violate the law," Sherman said in his prepared remarks.