(discussing a 2007 study finding that "only 21 per cent of the agencies had complied with requirements that they post on their Web sites basic information such as opinions, orders, policy statements, and rules interpretations"); PELTZ-STEELE, supra note 25, at 384 ("[M]any a federal agency has failed to comply fully with E-FOIA requirements...."); David C.
(325) Under the E-FOIA Amendments of 1996, agencies must make available for public inspection records released to any person "which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records." Pub.
(172) The research organization concluded that "[t]en years after the provisions of the Electronic Freedom of Information Act Amendments (E-FOIA) came into force, the Executive Branch still has not obeyed Congress' mandate for change." (173) In a survey of various agencies' backlogs of requests, the National Security Archive discovered that the oldest pending request had been submitted to the Department of State in 1987.
See NATIONAL SECURITY ARCHIVE, FILE NOT FOUND: 10 YEARS AFTER E-FOIA, MOST FEDERAL AGENCIES APE DELINQUENT, 1 (March 12, 2007), at http://www.gwu.edu/~nsarchiv/NSAEBB/ NSAEBB216/e-foia_audit_report.pdf.
* The EPA does not have universally accepted procedures for ensuring that FOIA responses reach the agency's e-FOIA Reading Room Web site.
To assess and evaluate the many available COTS ERDMS products, the project team combined the ERM, EDM, and e-FOIA requirements into master tables, functionally organized into the types shown in the first column of the table format on page 56.
Department of Justice, E-FOIA
implementation and general FOIA policy;
"I was petrified by E-FOIA when I first saw it," she said.
As Riep-Dice recalls it, the two women spent weeks dissecting the E-FOIA amendments to determine what was required of federal agencies.
Certainly, one of the intended benefits of the 1996 "E-FOIA" amendments to the federal Freedom of Information Act was that more information would be available over the Internet, making public access to it quick and easy.
However, four years after E-FOIA required federal executive branch agencies to make government information available in electronic form, there is evidence that the government has fallen well short of its mandate.
While many of us toiled for years to get E-FOIA
passed, it will take just as many years to work out the kinks, loopholes, and misinterpretations by federal attorneys.