GAO says Fed FOIA hobbled by OGIS deficiencies

Government Accountability Office: Four years after it was established, the "Office of Government Information Services Has Begun Implementing Its Responsibilities, but Further Actions Are Needed" (GAO-13-650, Sep 10, 2013)

[Excerpt]

 

“Since its establishment in 2009, the Office of Government Information Services (OGIS) has provided comments on proposed Freedom of Information Act (FOIA) regulations for 18 of 99 federal agencies that administer FOIA, as well as a number of Privacy Act system of records notices. While OGIS has suggested improvements to a number of those regulations and notices, it has not performed the reviews of regulations and notices in a proactive, comprehensive manner, and has not conducted any reviews of agencies' compliance with the law. In addition, since it was established 4 years ago, the office has not developed a methodology for conducting reviews of agencies' FOIA policies and procedures, or for compliance with FOIA requirements. OGIS is in the early stages of developing a methodology for conducting such reviews, but has not established a time frame for completion. Until OGIS establishes a methodology and time frame for proactively reviewing agencies' FOIA policies, procedures, and compliance, the office will not be positioned to effectively execute its responsibilities as required by the act.

“OGIS is providing mediation services and is resolving disputes that might otherwise go unresolved or lead to litigation, although not all of its efforts have been successful. OGIS has achieved positive results for about two-thirds of the cases reviewed by GAO where mediation services were provided. For example, in several cases, one or both parties took action or modified their position after OGIS's intervention. Nevertheless, the office lacks quantifiable goals and measures for its mediation activities, as required by law. For example, it does not have goals to measure timeliness or success. Without these important management tools, OGIS cannot determine how effectively its mediation services are in improving the implementation of FOIA.”

http://www.gao.gov/products/GAO-13-650

These two Congressmen walk into a bar...

 ...and six hours later, stumble out with a bill scribbled on 143 cocktail napkins.

U.S. House Oversight Committee Chairman Darrell Issa (R., Calif.) and Rep. Elijah Cummings (D., Md.), ranking member, collaborated on a bill providing for one federal portal for all 700,000 or so FOIA requests that might be expected annually in the near term.  Good luck!  If enacted, Washington will manage that about as well as Detroit Water and Sewer handles combined sewer overflows.

Potato Peeling Machine

And what are the odds that the bill authorizing the plan will meet and marry a bill to pay for it?  Ah, there's another rub.

The bill just out of committee tinkers with the government's burden to justify withholding information.

An admirable part of the proposal would amend the provision for public access to information in FOIA by striking ‘‘for public inspection and copying" and inserting "in an electronic, publicly accessible format."  Of course, that's been done by the agencies for years, albeit inadequately.  Nice to see that the Act's language may finally be catching up to the reality, though. 


Material requested three times or more would be posted online for easier public access.

The same would apply to records deemed "likely" to contribute significantly to public understanding of government operations.  Likely?  Are we talking about Vegas odds here?  Can you imagine a court-imposed standard of proof ?  

Accessible records will be kept of each agency's proactive archiving online, and the authority of the FOIA Ombudsman will be beefed up.

The Office of Government Information Services (OGIS) would be created to review compliance, report to Congress, hold public meetings at least once a year, blah, blah.

Each agency would have a Chief FOIA Officer.

There are lengthy provisions concerning appeal, mediation and dispute resolution.  Is this bureaucratic Heaven or what?

Numerous duties are heaped on OGIS, agencies' Inspectors General, Chief FOIA Officers and a Chief FOIA Officer Council.

In conclusion, I have to wonder if this bill is actually intended for passage or is simply window dressing thought by its authors to be expected during Sunshine Week.  If really intended to become law, would this bill help in the long run or hinder the public in acquiring government records?

I predict the bill, if it passes both House and Senate and gets funded, will require a cast of thousands, cost billions and accomplish virtually nothing.

If we really want FOIA compliance, let's make unjustifiable non-compliance a federal felony.  Information would flow in a torrent.

Seriously, adding more and more government machinery is not the solution.  Congressional gimmickry is no substitute for true presidential leadership (not mere lip service).  If that means the president has to crack a few bureaucrats' heads, so be it.

[Update]

http://www.fiercegovernmentit.com/story/doj-metatagging-plan-will-make-all-federal-foia-documents-searchable-access/2013-03-28