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The House Oversight and Government Reform Information Policy, Census, and National Archives Subcommittee approved legislation Tuesday that aims to speed the government's response to Freedom of Information Act requests.

"A cornerstone of our democracy is the ability of citizens to have access to government information and records," subcommittee chairman Rep. William Lacy Clay, D-Mo., said just before the panel approved the bill on a voice vote. Unfortunately, he said, "requestors are being forced to wait much longer than necessary for responses from agency FOIA offices."

The legislation upholds an existing requirement that government agencies respond to information requests within 20 days, but applies pressure to that deadline by imposing consequences on federal agencies for missing the deadline. It also mandates that agencies provide information requesters with a tracking number to follow the progress of their request either by phone or internet. Additionally, agencies would have to report on their progress in responding to requests in order to prevent excessive delays.

Co-sponsors of the bill include Clay, committee chairman Rep. Henry Waxman, D-Calif., and Rep. Todd Platts, R-Pa. It was introduced in the 108th and 109th Congresses, but died at the committee level each time. A similar measure was introduced in 2005 by Sen. John Cornyn, R-Texas, and Sen. Patrick Leahy, D-Vt.

The measure approved Tuesday would install an ombudsman at the National Archives, who would offer guidance to requesters regarding their rejected or delayed FOIA requests. It calls for an annual Government Accountability Office report on the Department of Homeland Security's use of its disclosure exemption for "critical infrastructure information."

The bill, which now heads to full committee, includes a provision ensuring attorneys' fees are recovered for individuals whose information requests are determined to have been unfairly denied.

The legislation actually follows up on a 2005 executive order from President Bush, which aimed to boost the government's response to information requests. According to the Sunshine in Government Initiative, a coalition of media groups which include The Associated Press and Society of Professional Journalists, agencies have made little progress in reducing backlogs and delays in responding to FOIA requests since the 2005 order was issued.

COMMENTS

• What would be interesting is to install a system whereas FOIA replies that have been delayed without cause result in the inability of the department heads to receive a bonus that year. Case in point. I had a simple request about the confirmation of someone claiming to be an assistant secretary. The response took over a year to say that this person was never an assistant secretary (I knew that, but wanted it documented for other reasons) They could have responded right away to say the truth, but the delay allowed for other actions to go away. GovExec.com reader Posted March 13, 2007 4:16 PM
• Tell this reform bill and its authors to send this to the Bureau of Prisons, and the Department of Justice. These folks have a natural ability to cloak their findings and stick it where the "sun don't shine." David B. Henry Posted March 13, 2007 10:26 AM