Congresswoman Duckworth's Amendment Expediting FOIA Requests Passes House of Representatives

Press Release

Today, the FOIA Oversight and Implementation Act passed the House of Representatives with Congresswoman Tammy Duckworth's (IL-08) bipartisan amendment. The amendment, which was cosponsored by Congressman Mark Meadows (R-NC), would strengthen current law to ensure that government agencies respond to Freedom of Information Act (FOIA) requests in a timely manner. FOIA requesters often face unreasonable delays in agency response time, despite the fact that the law requires agencies to meet a 20 day deadline. Congresswoman Duckworth's amendment would demand more accountability from agencies who fail to respond to FOIA requests in a timely manner.

"FOIA is a critical tool for Americans to demand the accountability they deserve from their government," said Duckworth. "If we're serious about government transparency, we must make sure that agencies are held accountable for failure to meet their obligations under FOIA. I want to thank Chairman Issa (R-CA) and Ranking Member Cummings (D-MD) for their leadership on this issue and I look forward to continuing to work across party lines to enact common sense good government reforms."

Last March, Duckworth advocated for the amendment before the House Oversight and Government Reform Committee. The text of her remarks are below.

Thank you Mr. Chairman.

I am happy to have the Gentleman from North Carolina, Mr. Meadows, co-sponsoring this amendment with me.

We heard during testimony at this Committee's hearing on government transparency last week, that the most common complaint from FOIA requesters is unreasonable delays in agency response time.

The OPEN Government Act of 2007 requires agencies to make determinations on FOIA requests within 20 working days. The law allows for an extension of this deadline, but only in unusual or exceptional circumstances. If agencies miss the 20-day deadline, they are prohibited from charging search and duplication fees.

It's become clear, however, that agencies are often stretching, or outright ignoring these rules.

For example, fees are being assessed even if agency response time is well over the 20-day deadline, and since most agencies have failed to update their regulations to include the OPEN Act financial penalty provision, requesters many be unaware of its existence and of their ability to challenge the fees.

Many agencies are also claiming that an acknowledgement of receipt of the request is enough to meet the deadline, or abusing the extension allowed for exceptional circumstances.

If we're serious about government transparency, this type of foot-dragging should not be allowed to continue.

My amendment would require any agency assessing fees after the 20 day deadline has passed to explain to the requester in writing why they believe they are not in violation of the financial penalty provision. Without this justification, the agencies would be prohibited from assessing fees. It would also require agencies to report each instance that fees are assessed for a determination that occurs after the 20 day deadline.

I think these simple changes will go a long way in ensuring that agencies take timeliness more seriously, while allowing them flexibility to explain any legitimate delays.

I urge all Members to support this common sense amendment and I yield back my time.

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