II. A. Executive Order 13392, "Improving Agency Disclosure of Information"
On December 14, 2005, President Bush issued Executive Order 13392, “Improving Agency Disclosure of Information.” The President directed agencies to ensure citizen-centered and results-oriented Freedom of Information Act operations. The Executive Order requires the following actions by agencies.
- Designate a Chief FOIA Officer. Peggy R. Mastroianni, Associate Legal Counsel, is EEOC’s Chief FOIA Officer.
- Establish FOIA Requester Service Centers. The Commission has established a FOIA Requester Service Center at its headquarters offices in Washington, DC. Contact information for the Center is available on our website at http://www.eeoc.gov/foia/index.html. The Center will provide FOIA requesters information concerning the status of their FOIA request and other appropriate information about the agency's FOIA response.
- Designate Public Liaisons. Stephanie D. Garner, Assistant Legal Counsel, is EEOC’s Public Liaison.
- Review EEOC FOIA administration, draft an improvement plan, and report to DOJ and OMB.
II. B. OPENNESS PROMOTES EFFECTIVENESS IN OUR NATIONAL GOVERNMENT ACT OF 2007, OR OPEN GOVERNMENT ACT OF 2007
On December 31, 2007, President Bush signed into law the OPEN Government Act of 2007, to provide for greater agency transparency and accountability in its FOIA activities by:
- Codifying requirement of a Chief FOIA Officer, establish FOIA Requester Service Centers and designate FOIA Public Liaisons;
- Creating an Office of Government Information Services to assist in increasing agency transparency and to resolve disputes between requesters and agencies;
- Defining Term “Receive” and provides an agency with 10 working days to forward a misdirected FOIA request to the proper agency FOIA component;
- Defining Term “News” to Recognize Evolution of Methods of News Delivery to include electronic dissemination electronic dissemination of news and freelance journalists;
- Expanding the term “Record” to include records maintained for an agency under a Government contract;
- Permitting Agency to Toll the Statutory Time Period to seek clarifying information or to clarify fee assessments;
- Prohibiting Agency to Charge Fees When a Time Limit is not Complied with, unless unusual or exceptional circumstances exist;
- Requiring Individualized Tracking Numbers for Requests to permit requesters to track status of the request via telephone of internet site;
- Requiring Attorney Fees and Costs to be Paid from Agency Annual Appropriations when a requester substantially prevails; and
- Enhancing reporting requirement to establish greater tracking and transparency of agency compliance with response times