Improving Rules on Implementing the Freedom of Information Act

Up-to-date Freedom of Information Act (FOIA) rules that support transparency are important for ensuring agencies are properly implementing the law. Last week, the Center for Effective Government submitted comments to the Institute of Museum and Library Services (IMLS) on its proposed FOIA implementation regulations and encouraged the agency to expand online disclosures, improve communication with requesters, clarify fees and fee waivers, and improve the process of submitting and processing administrative appeals.

Expanding online disclosures, such as posting online all records released in response to FOIA requests and identifying additional categories of records to be posted for public use, can save both the public’s and the agency’s time and money. For example, after the Department of Agriculture posted a database of animal care inspection reports, the number of FOIA requests at the agency dropped by 35 percent.

Citizens deserve clear communications from the government. Improving communication with requesters, such as promptly acknowledging the request, clarifying its scope, and providing requesters with status updates, will enable effective communications with the public.

The Center for Effective Government believes that IMLS should clarify its fee and fee waiver rules. In particular, it should maintain a database of waivers granted by the agency to consult for future waiver requests. Many requesters have expressed frustration with the complicated fee provisions in FOIA. Attaining a fee waiver can be lengthy and complex even for requesters who have previously been granted one.

Finally, our comments included recommendations concerning administrative appeals. IMLS should allow 60 days for requesters to submit administrative appeals. Also, IMLS should allow requesters to submit their appeals by e-mail or through the IMLS website. This would be faster, less expensive, and more convenient for the public and agencies alike and could help speed the resolution of such appeals.

As IMLS moves forward with finalizing its FOIA regulations, we strongly urge the agency to incorporate these recommended improvements to the FOIA process. IMLS has the opportunity to save time and money for agencies and all Americans seeking public information from the government, an opportunity the agency should seize.