Bill to Create FOIA Ombuds Goes to President

Congress has sent President Bush legislation revamping the Freedom of Information Act. Among other provisions, it would establish an ombuds-type position to provide an alternative to litigation in disclosure disputes. If the President does not sign the bill, it would become law during the congressional recess that begins next week. (S. 2488 History; Associated Press; ACLU Statement; Society of Professional Journalists Statement.)

Despite what is being widely reported, it should be noted that the bill does not use the term "ombudsman." According to a summary by the legislative analysts at the Library of Congress, Section 10 of the bill will implement an office of Government Information Systems, with ombuds-like powers:

Establishes within the National Archives and Records Administration (NARA) an Office of Government Information Services to: (1) review compliance with FOIA policies; (2) recommend policy changes to Congress and the President; and (3) offer mediation services between FOIA requesters and administrative agencies as a non-exclusive alternative to litigation. Authorizes the Office to issue advisory opinions if mediation has not resolved the dispute.

Requires each agency to designate a Chief FOIA Officer, who shall: (1) have responsibility for FOIA compliance; (2) monitor FOIA implementation; (3) recommend to the agency head adjustments to agency practices, policies, personnel, and funding to improve implementation of FOIA; and (4) facilitate public understanding of the purposes of FOIA's statutory exemptions. Requires agencies to designate at least one FOIA Public Liaison, who shall be appointed by the Chief FOIA Officer, to: (1) serve as an official to whom a FOIA requester can raise concerns about service from the FOIA Requester Center; and (2) be responsible for assisting in reducing delays, increasing transparency and understanding of the status of requests, and assisting in the resolution of disputes. (Congressional Research Service.)