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Government can't keep up with information requests

By Ted Bridis

Associated Press

Published: Monday, March 12 2012 2:15 a.m. MDT

FILE - In this Jan. 21, 2009, file photo President Barack Obama speaks to his senior staff to assert expectations on ethics and conduct on the White House campus in Washington. Promising to reinvigorate the Freedom of Information Act, Obama, on his first day in office, told all federal agencies to adopt a "presumption in favor of disclosure". According to an Associated Press analysis of federal data over the last three years from 37 of the largest federal departments and agencies, The Obama administration couldn't keep pace with the increasing number of people asking for copies of government documents, emails, photographs and more under the U.S. Freedom of Information Act.

J. Scott Applewhite, File, Associated Press

WASHINGTON — The Obama administration couldn't keep pace with the increasing number of people asking for copies of government documents, emails, photographs and more under the U.S. Freedom of Information Act, according to a new analysis of the latest federal data by The Associated Press.

Federal agencies did better last year trying to fulfill requests, but still fell further behind with backlogs, due mostly to surges in immigration records requested from the Homeland Security Department. It released all or portions of the information that citizens, journalists, businesses and others sought — and outright rejected other requests — at about the same rate as the previous two years. The AP analyzed figures over the last three years from 37 of the largest federal departments and agencies.

There was progress: The government responded to more requests than ever in 2011 — more than 576,000 — a 5 percent increase from the year before. Offices less frequently cited legal provisions that allow them to keep records secret, especially emails and documents describing how federal officials make important decisions. Agencies took less time, on average, to turn over records: about one month for requests it considered "simple" and about three months for more complicated requests. And 23 of 37 agencies reduced their individual backlogs of requests or kept buildups from increasing.

The government's responsiveness under the Freedom of Information Act is widely viewed as a barometer of how transparent federal offices are. Under the law, citizens and foreigners can compel the government to turn over copies of federal records for zero or little cost. Anyone who seeks information through the law is generally supposed to get it unless disclosure would hurt national security, violate personal privacy or expose business secrets or confidential decision-making in certain areas. Sunday was the start of Sunshine Week, when news organizations promote open government and freedom of information.

Across the 37 agencies, the government turned over all or parts of the records people sought in about 65 percent of requests that it considered, a minor improvement over last year. It fully rejected more than one-third of requests, also a minor improvement over last year, including cases when it couldn't find records, a person refused to pay for copies or the request was determined to be improper under the law.

The White House touted its success under its own analysis of how it performed. It said more employees worked to turn over files that people asked for, and it increased the budget for such efforts by $19 million last year. It said cabinet-level agencies that are directly under the White House's control showed particular improvement. The White House routinely excludes from its assessment instances when it couldn't find records, a person refused to pay for copies or the request was determined to be improper under the law, and says under this calculation that it released all or parts of records sought in 93 percent of requests.

"It is not surprising to see more FOIA requests sent in to an administration that has emphasized transparency," White House Spokesman Eric Schultz said. "We're making a strong effort to keep up with that demand by devoting more resources to it."

Even as the Obama administration increased its efforts, people submitted 587,815 requests for information in fiscal 2011 at the 37 agencies reviewed by the AP — about an 8 percent increase over the previous year's figure of 546,445. The administration also agreed more often — in about 25 percent of requests last year — to quickly consider information sought about subjects described as urgent or especially newsworthy. It was the second time in three years that people asked more than half-a-million times for records.

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