FOIA reform bill moves through House subcommittee
Legislation would pressure agencies to meet deadline to respond to information requests within 20 days.
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.