The Executive Order, "Improving Agency Disclosure of Information," reminds agency heads that the "effective functioning of our constitutional democracy depends upon the participation in public life of a citizenry that is well informed," and directs them to "respond courteously and appropriately" to Freedom of Information requests.
"For nearly four decades, the Freedom of Information Act (FOIA) has provided an important means through which the public can obtain information regarding the activities of Federal agencies," states President Bush in the EO. "Under the FOIA, the public can obtain records from any Federal agency, subject to the exemptions enacted by the Congress to protect information that must be held in confidence for the Government to function effectively or for other purposes."
Primary directives of the Executive Order include:
New FOIA Oversight and Outreach
The EO directs heads of all federal agencies to designate a Chief FOIA Officer to oversee and ensure "efficient and appropriate compliance with the FOIA."
Agencies are further required to establish one or more FOIA Requester Service Centers to serve as the main point of contact for persons checking on the status of their information requests. The Service Centers are to be adequately staffed to receive and respond to all inquiries from FOIA requesters.
Finally, all agencies are required to appoint a FOIA Public Liaison to assist, "in reducing delays, increasing transparency and understanding of the status of requests, and resolving disputes."
Agencies Must Perform or Reform
Should an agency's FOIA response program not produce "tangible, measurable improvements in FOIA processing," the EO directs that the program should be reformed, "consistent with available resources appropriated by the Congress and applicable law, to increase efficiency and better reflect the policy goals and objectives," of the White House.
Review and Report Required
Seeking improved accountability, the EO directs the agencies to annually review, evaluate its FOIA handling performance, and to report the results to the President, the Attorney General and the Office of Management and Budget. Among other items, the performance report should including the agency's expenditure of resources on FOIA compliance and the extent to which, if any, requests for records have not been responded to within the statutory time limit -- their FOIA backlog. Naturally, these performance reports will be public information.
The FOIA Briefly
The Freedom of Information Act (FOIA) became law in 1966. Under the FOIA, the people are given a "right to know" and the government is required to prove a compelling reason in order to keep information secret. In other words, the FOIA establishes the presumption that records of the U.S. Government must be made accessible to the people. [See: Guide to the Freedom of Information Act]
What is an Executive Order?
An Executive Order (EO) is a directive issued to executive-level agencies, department heads, or other employees from the president under the president's statutory, or constitutional powers. In many ways, the EO is similar to written orders, or instructions the president of a corporation might send to department heads or directors. [See: About Executive Orders]
