The White House announced a new policy regarding processing FOIA requests in an "Executive Order Improving Agency Disclosure of Information." The Executive Order is aimed at improved processing of FOIA requests and does not appear to change the previously announced Department of Justice Policy (the Ashcroft Memorandum) that agency decisions to claim FOIA exemptions will be defended "unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records." Nevertheless, the new Executive Order establishes a service-oriented environment, subject to appropriations:
"FOIA requestors are seeking a service from the Federal Government and should be treated as such. Accordingly, in responding to a FOIA request, agencies shall respond courteously and appropriately.........
agencies shall process requests under the FOIA in an efficient and appropriate manner and achieve tangible, measurable improvements in FOIA processing. When an agency's FOIA program does not produce such results, it should be reformed, consistent with available resources appropriated by Congress and applicable law, to increase efficiency and better reflect the policy goals and objectives of this order."
The order requires each agency to designate a Chief FOIA officer, who will have agency-wide responsibility for compliance with FOIA. One of the Chief FOIA officer's duties will be to "facilitate public understanding of the FOIA's statutory exemptions." Each agency also has to set up a FOIA Requester Service Center, which appears to be a physical location. Information about the center does have to be posted to the Internet. Each agency has to report in six months form the date of the order about the implementation of the order.
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