Agencies urged to change their FOIA data ways.

A study by the National Security Archive at George Washington University found that most federal agencies are still not complying with 1997 language in the Freedom of Information Act (FOIA) that requires them to expand online access to records.

Only 21 percent of agencies post on their websites the four categories of information--agency opinions and orders, policy statements, frequently requested records, and guidance to agency staff--required by FOIA amendments more than 10 years after they became law. In addition, the study found that only 6 percent of agencies currently post all 10 types of information deemed essential under FOIA, including where to send requests, fee status, fee waivers, expedited processing, reply time, and exemptions.

Just 26 percent of agencies provide online forms for FOIA requests, according to the study, which also found that many agency web links are either missing or incorrect.

To help hold agencies accountable for FOIA responses, the Justice Department has issued a guidance requiring agencies to provide greater detail on how requests are processed and the request backlog as part of their annual FOIA reports.

The revised guidance incorporates legislative mandates from the Openness Promotes Effectiveness in our National (OPEN) Government Act of and a 2005 executive order that required increased reporting on FOIA activities. The new annual report forms require agencies to provide details about how quickly they are processing requests and information on pending requests and fee waiver requests. The reports must also now be filed in terms of individual components and for the agency overall.

Melanie Pustay, director of the Justice Department's Office of Information and Privacy, told FCW.com that the new guidelines will make the reporting process more transparent.

FOIA request backlogs have also been a problem in many agencies, with as many as 200,000 requests outstanding government-wide. For example, the Treasury Department had about 70 FOIA requests outstanding as of February 2008, and the oldest was more than 20 years old, FCW.com said.

Agencies are implementing the new reporting practices and are expected to be fully compliant by the start of fiscal 2009.

Pustay said agencies' biggest concern is the need to change the data systems required for FOIA processing. The Justice Department has formed a working group so officials can network on possible solutions and best practices for dealing with that issue, FCW.com reported.