Presidential Documents

75373 

Federal Register 

Vol. 70, No. 242 

Monday, December 19, 2005 

Title 3— 

The President 

Executive Order 13392 of December 14, 2005 

Improving Agency Disclosure of Information 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, and to ensure appropriate agency 

disclosure of information, and consistent with the goals of section 552 

of title 5, United States Code, it is hereby ordered as follows: 

Section 1. Policy. 

(a) The effective functioning of our constitutional democracy depends 

upon the participation in public life of a citizenry that is well informed. 

For nearly four decades, the Freedom of Information Act (FOIA) has provided 

an important means through which the public can obtain information regarding the activities of Federal agencies. Under the FOIA, the public can obtain 

records from any Federal agency, subject to the exemptions enacted by 

the Congress to protect information that must be held in confidence for 

the Government to function effectively or for other purposes. 

(b) FOIA requesters 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. Moreover, agencies 

shall provide FOIA requesters, and the public in general, with citizencentered ways to learn about the FOIA process, about agency records that 

are publicly available (e.g., on the agency’s website), and about the status 

of a person’s FOIA request and appropriate information about the agency’s 

response. 

(c) Agency FOIA operations shall be both results-oriented and produce 

results. Accordingly, 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 the Congress and applicable law, to increase efficiency and better reflect the policy goals and objectives of this order. 

(d) A citizen-centered and results-oriented approach will improve service 

and performance, thereby strengthening compliance with the FOIA, and 

will help avoid disputes and related litigation. 

Sec. 2. Agency Chief FOIA Officers. 

(a) Designation. The head of each agency shall designate within 30 days 

of the date of this order a senior official of such agency (at the Assistant 

Secretary or equivalent level), to serve as the Chief FOIA Officer of that 

agency. The head of the agency shall promptly notify the Director of the 

Office of Management and Budget (OMB Director) and the Attorney General 

of such designation and of any changes thereafter in such designation. 

(b) General Duties. The Chief FOIA Officer of each agency shall, subject 

to the authority of the head of the agency: 

(i) have agency-wide responsibility for efficient and appropriate compliance 

with the FOIA; 

(ii) monitor FOIA implementation throughout the agency, including 

through the use of meetings with the public to the extent deemed appropriate by the agency’s Chief FOIA Officer, and keep the head of the 

agency, the chief legal officer of the agency, and the Attorney General 

appropriately informed of the agency’s performance in implementing the 

FOIA, including the extent to which the agency meets the milestones 

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in the agency’s plan under section 3(b) of this order and training and 

reporting standards established consistent with applicable law and this 

order; 

(iii) recommend to the head of the agency such adjustments to agency 

practices, policies, personnel, and funding as may be necessary to carry 

out the policy set forth in section 1 of this order; 

(iv) review and report, through the head of the agency, at such times 

and in such formats as the Attorney General may direct, on the agency’s 

performance in implementing the FOIA; and 

(v) facilitate public understanding of the purposes of the FOIA’s statutory 

exemptions by including concise descriptions of the exemptions in both 

the agency’s FOIA handbook issued under section 552(g) of title 5, United 

States Code, and the agency’s annual FOIA report, and by providing 

an overview, where appropriate, of certain general categories of agency 

records to which those exemptions apply. 

(c) FOIA Requester Service Center and FOIA Public Liaisons. In order 

to ensure appropriate communication with FOIA requesters: 

(i) Each agency shall establish one or more FOIA Requester Service Centers 

(Center), as appropriate, which shall serve as the first place that a FOIA 

requester can contact to seek information concerning the status of the 

person’s FOIA request and appropriate information about the agency’s 

FOIA response. The Center shall include appropriate staff to receive and 

respond to inquiries from FOIA requesters; 

(ii) The agency Chief FOIA Officer shall designate one or more agency 

officials, as appropriate, as FOIA Public Liaisons, who may serve in the 

Center or who may serve in a separate office. FOIA Public Liaisons shall 

serve as supervisory officials to whom a FOIA requester can raise concerns 

about the service the FOIA requester has received from the Center, following an initial response from the Center staff. FOIA Public Liaisons 

shall seek to ensure a service-oriented response to FOIA requests and 

FOIA-related inquiries. For example, the FOIA Public Liaison shall assist, 

as appropriate, in reducing delays, increasing transparency and understanding of the status of requests, and resolving disputes. FOIA Public 

Liaisons shall report to the agency Chief FOIA Officer on their activities 

and shall perform their duties consistent with applicable law and agency 

regulations; 

(iii) In addition to the services to FOIA requesters provided by the Center 

and FOIA Public Liaisons, the agency Chief FOIA Officer shall also consider what other FOIA-related assistance to the public should appropriately 

be provided by the agency; 

(iv) In establishing the Centers and designating FOIA Public Liaisons, 

the agency shall use, as appropriate, existing agency staff and resources. 

A Center shall have appropriate staff to receive and respond to inquiries 

from FOIA requesters; 

(v) As determined by the agency Chief FOIA Officer, in consultation 

with the FOIA Public Liaisons, each agency shall post appropriate information about its Center or Centers on the agency’s website, including contact 

information for its FOIA Public Liaisons. In the case of an agency without 

a website, the agency shall publish the information on the Firstgov.gov 

website or, in the case of any agency with neither a website nor the 

capability to post on the Firstgov.gov website, in the Federal Register; 

and 

(vi) The agency Chief FOIA Officer shall ensure that the agency has 

in place a method (or methods), including through the use of the Center, 

to receive and respond promptly and appropriately to inquiries from FOIA 

requesters about the status of their requests. The Chief FOIA Officer shall 

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also consider, in consultation with the FOIA Public Liaisons, as appropriate, whether the agency’s implementation of other means (such as tracking numbers for requests, or an agency telephone or Internet hotline) 

would be appropriate for responding to status inquiries. 

Sec. 3. Review, Plan, and Report. 

(a) Review. Each agency’s Chief FOIA Officer shall conduct a review 

of the agency’s FOIA operations to determine whether agency practices 

are consistent with the policies set forth in section 1 of this order. In 

conducting this review, the Chief FOIA Officer shall: 

(i) evaluate, with reference to numerical and statistical benchmarks where 

appropriate, the agency’s administration of the FOIA, including the agency’s expenditure of resources on FOIA compliance and the extent to 

which, if any, requests for records have not been responded to within 

the statutory time limit (backlog); 

(ii) review the processes and practices by which the agency assists and 

informs the public regarding the FOIA process; 

(iii) examine the agency’s: 

(A) use of information technology in responding to FOIA requests, including without limitation the tracking of FOIA requests and communication with requesters; 

(B) practices with respect to requests for expedited processing; and 

(C) implementation of multi-track processing if used by such agency; 

(iv) review the agency’s policies and practices relating to the availability 

of public information through websites and other means, including the 

use of websites to make available the records described in section 552(a)(2) 

of title 5, United States Code; and 

(v) identify ways to eliminate or reduce its FOIA backlog, consistent 

with available resources and taking into consideration the volume and 

complexity of the FOIA requests pending with the agency. 

(b) Plan. 

(i) Each agency’s Chief FOIA Officer shall develop, in consultation as 

appropriate with the staff of the agency (including the FOIA Public Liaisons), the Attorney General, and the OMB Director, an agency-specific 

plan to ensure that the agency’s administration of the FOIA is in accordance 

with applicable law and the policies set forth in section 1 of this order. 

The plan, which shall be submitted to the head of the agency for approval, 

shall address the agency’s implementation of the FOIA during fiscal years 

2006 and 2007. 

(ii) The plan shall include specific activities that the agency will implement 

to eliminate or reduce the agency’s FOIA backlog, including (as applicable) 

changes that will make the processing of FOIA requests more streamlined 

and effective, as well as increased reliance on the dissemination of records 

that can be made available to the public through a website or other 

means that do not require the public to make a request for the records 

under the FOIA. 

(iii) The plan shall also include activities to increase public awareness 

of FOIA processing, including as appropriate, expanded use of the agency’s 

Center and its FOIA Public Liaisons. 

(iv) The plan shall also include, taking appropriate account of the resources 

available to the agency and the mission of the agency, concrete milestones, 

with specific timetables and outcomes to be achieved, by which the head 

of the agency, after consultation with the OMB Director, shall measure 

and evaluate the agency’s success in the implementation of the plan. 

(c) Agency Reports to the Attorney General and OMB Director. 

(i) The head of each agency shall submit a report, no later than 6 months 

from the date of this order, to the Attorney General and the OMB Director 

that summarizes the results of the review under section 3(a) of this order 

and encloses a copy of the agency’s plan under section 3(b) of this order. 

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The agency shall publish a copy of the agency’s report on the agency’s 

website or, in the case of an agency without a website, on the Firstgov.gov 

website, or, in the case of any agency with neither a website nor the 

capability to publish on the Firstgov.gov website, in the Federal Register. 

(ii) The head of each agency shall include in the agency’s annual FOIA 

reports for fiscal years 2006 and 2007 a report on the agency’s development 

and implementation of its plan under section 3(b) of this order and on 

the agency’s performance in meeting the milestones set forth in that plan, 

consistent with any related guidelines the Attorney General may issue 

under section 552(e) of title 5, United States Code. 

(iii) If the agency does not meet a milestone in its plan, the head of 

the agency shall: 

(A) identify this deficiency in the annual FOIA report to the Attorney 

General; 

(B) explain in the annual report the reasons for the agency’s failure 

to meet the milestone; 

(C) outline in the annual report the steps that the agency has already 

taken, and will be taking, to address the deficiency; and 

(D) report this deficiency to the President’s Management Council. 

Sec. 4. Attorney General. 

(a) Report. The Attorney General, using the reports submitted by the 

agencies under subsection 3(c)(i) of this order and the information submitted 

by agencies in their annual FOIA reports for fiscal year 2005, shall submit 

to the President, no later than 10 months from the date of this order, 

a report on agency FOIA implementation. The Attorney General shall consult 

the OMB Director in the preparation of the report and shall include in 

the report appropriate recommendations on administrative or other agency 

actions for continued agency dissemination and release of public information. 

The Attorney General shall thereafter submit two further annual reports, 

by June 1, 2007, and June 1, 2008, that provide the President with an 

update on the agencies’ implementation of the FOIA and of their plans 

under section 3(b) of this order. 

(b) Guidance. The Attorney General shall issue such instructions and 

guidance to the heads of departments and agencies as may be appropriate 

to implement sections 3(b) and 3(c) of this order. 

Sec. 5. OMB Director. The OMB Director may issue such instructions to 

the heads of agencies as are necessary to implement this order, other than 

sections 3(b) and 3(c) of this order. 

Sec. 6. Definitions. As used in this order: 

(a) the term ‘‘agency’’ has the same meaning as the term ‘‘agency’’ under 

section 552(f)(1) of title 5, United States Code; and 

(b) the term ‘‘record’’ has the same meaning as the term ‘‘record’’ under 

section 552(f)(2) of title 5, United States Code. 

Sec. 7. General Provisions. 

(a) The agency reviews under section 3(a) of this order and agency plans 

under section 3(b) of this order shall be conducted and developed in accordance with applicable law and applicable guidance issued by the President, 

the Attorney General, and the OMB Director, including the laws and guidance 

regarding information technology and the dissemination of information. 

(b) This order: 

(i) shall be implemented in a manner consistent with applicable law 

and subject to the availability of appropriations; 

(ii) shall not be construed to impair or otherwise affect the functions 

of the OMB Director relating to budget, legislative, or administrative proposals; and 

(iii) is intended only to improve the internal management of the executive 

branch and is not intended to, and does not, create any right or benefit, 

Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Presidential Documents 75377 

substantive or procedural, enforceable at law or in equity by a party 

against the United States, its departments, agencies, instrumentalities, or 

entities, its officers or employees, or any other person. 

W 

THE WHITE HOUSE, 

December 14, 2005. 

[FR Doc. 05–24255 

Filed 12–15–05; 8:45 am] 

Billing code 3195–01–P