American Society & Values

Documents & Texts from America.gov

30 June 2009
Freedom of Information "Built on Principles of Open Government"

By Jim Fisher-Thompson
Staff Writer

Washington — When President Lyndon Johnson signed the Freedom of Information Act (FOIA) on July 4, 1966, "he built on the principles of open government and citizen participation enshrined in the Declaration [of Independence]" signed by the Founding Fathers in 1776, said Melanie Pustay, director of the Office of Information Policy (OIP) at the Department of Justice.

Even with the 190-year difference, "both documents are intertwined," Pustay told America.gov June 25. OIP was established in 1981 to oversee administration of FOIA issues in 92 federal agencies.

In the United States, FOIA applies only to the executive branch of the federal government. Citizens, noncitizens, organizations and businesses may make requests for documents without having to give a reason. Exemptions to disclosure include sensitive documents relating to defense and diplomatic matters. States also have freedom of information (FOI) laws for their documents. (See "Freedom of Information Is Bedrock of Free and Open Societies.")

Openness is important to the Obama administration, Pustay said. In his second day in office, Obama refined the concept of transparency and government responsibility in a memo sent to all federal agencies.

The memo, she said, "emphasized that a democracy needs accountability, which in turn requires transparency. He called on agencies ‘to adopt a presumption in favor of disclosure when citizens request information. … In the face of doubt, openness prevails.’"

As chief administrator of FOIA, Pustay said, "We [at the Department of Justice] like to think of ourselves as the champion of FOIA within the government. Our key role is to encourage compliance with the act."

The office publishes an annual report on each agency’s implementation of FOIA and includes "how many requests they got and how they responded to them, how long did it take to respond and what exemptions did they use," Pustay said.

The executive branch of the federal government gets nearly 4 million FOIA requests a year, Pustay said. The vast bulk, about 80 percent, comes from citizens who want information about pensions and other personal data.

"When I consult with other countries that are just starting out with transparency laws, they are astounded at this staggering number."

"A VERY GENEROUS SYSTEM"

FOIA has "become a part of our culture," in part, Pustay said, because it is a relatively easy process for people requesting information.

"It is a very generous system." Of the hundreds of millions of dollars it costs to handle FOIA requests each year, "we only recoup about 3 percent from fees." Pustay explained that "nonbusiness requesters get the first two hours of search time for free as well as free copying of the first 100 documents. This is built into the law so that every citizen, even if they have no money, can get access to information."

Journalists are not charged any search fees for federal documents, she added, "because it is recognized they are going to use the information for their news-gathering function" and for public awareness.

FOIA ABROAD

Over the past decade, Pustay has consulted with counterparts in Mexico, Chile, the United Kingdom, China and Argentina on how to expand and implement government transparency.

There is "a momentum of openness around the world that is truly impressive," she said.

"There has really been a domino effect, especially in Latin America, with countries realizing the importance and significance of opening up their governments and having more participation by their citizens, fighting corruption, increasing transparency, which helps instill trust in the government," she said.

Before Argentina recently instituted FOI laws, Pustay traveled there on a trip sponsored by the State Department "to share my perspectives on how to implement and track FOI requests." She said the officials with whom she met with were "very enthusiastic and only needed some insights into how we’ve coped with the standards of openness — the logistics and system for requests — imposed by our FOIA."

She made two trips to Mexico in 2008 to consult with officials drafting FOI laws. "Mexico is really a leader in open government in Latin America, and a lot of other governments in the region are looking to it as an example."

Instead of lecturing officials on how to implement FOI laws, Pustay said, "I prefer to share and discuss the experiences I’ve had working on the issue in the United States. I think it’s helpful for people to hear from a U.S. government official whose been doing it for years in a country that’s had FOIA for years."

back to top ^