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Survey Reports 10 Years After E-FOIA, Most Federal Agencies Are Delinquent

National Security Archive: “Ten years after Congress enacted the Electronic Freedom of Information Act Amendments (E-FOIA), only one in five federal agencies actually complies with the law, according to a new survey released today during Sunshine Week by the National Security Archive. Passed in 1996 and effective in 1997, E-FOIA ordered federal agencies to post key records online, provide citizens with detailed guidance on making information requests, and use new information technology to publish information proactively. The act’s intent: Expand public access and reduce the burden of FOIA requests. But most federal agencies do not follow the law, according to the National Security Archive’s government-wide audit, File Not Found, conducted with support from the John S. and James L. Knight Foundation. The Knight Open Government Survey systematically reviewed agency Web sites to cover all 91 federal agencies that have Chief FOIA Officers and the additional 58 agency components each of which handles more than 500 FOIA requests a year. Key findings are:

  • Only one in five federal agencies (21 percent) posts on the Web all four categories of records that the law specifically requires
  • Only one in 16 agencies (6 percent) posts all ten elements of essential FOIA guidance
  • Only 36 percent of agencies provide the required indexes of records
  • Only 26 percent of agencies provide online forms for submitting FOIA requests
  • Many agency Web links are missing or just wrong – one FOIA fax number checked in the Knight Survey actually rang in the maternity ward of a military base hospital.”
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