ExecutiveOrdersEO
EO 13392Executive OrderG.W. Bush · R Quiet signal

Executive Order 13392

Improving Agency Disclosure of Information

This executive order requires every federal agency to designate a Chief FOIA Officer, establish service centers and public liaisons for requesters, conduct reviews of their FOIA operations, and develop improvement plans with measurable milestones for fiscal years 2006-2007. It mandates reports to the Attorney General and OMB, with the Attorney General submitting follow-up reports to the President through 2008.

Federal Register Open PDF 70 FR 75373

Impact dates

  1. Agency annual FOIA reports for FY2006 including plan implementation

  2. Attorney General second annual follow-up report due

  3. Attorney General report to President due

  4. Agency reports to Attorney General and OMB Director due

  5. Agency heads designate Chief FOIA Officer

Key directives

  • Agency heads must designate Chief FOIA Officer within 30 days of order date
  • Each agency must establish FOIA Requester Service Center(s)
  • Each agency must designate FOIA Public Liaison(s)
  • Chief FOIA Officers must conduct review of agency FOIA operations
  • Chief FOIA Officers must develop agency-specific plan for FY2006-2007 with concrete milestones and timetables
  • Agency heads must submit report to Attorney General and OMB Director no later than 6 months from order date
  • Agencies must include plan implementation in annual FOIA reports for FY2006 and FY2007
  • Attorney General must submit report to President no later than 10 months from order date
  • Attorney General must submit two further annual reports by June 1, 2007 and June 1, 2008

Who is ordered

Timeline

Immediate

  • Chief FOIA Officer designation within 30 days
  • Establishment of FOIA Requester Service Centers and Public Liaisons

Near term (90d)

  • Agency review of FOIA operations completed
  • Agency plans for FY2006-2007 developed
  • Agency reports due to Attorney General and OMB Director at 6 months

Long term

  • Implementation of agency plans through FY2006-2007
  • Annual FOIA reports with milestone assessments
  • Attorney General reports to President through June 2008

Risks & tensions

  • Order explicitly states it creates no enforceable rights, limiting legal leverage for requesters
  • Implementation is 'subject to availability of appropriations,' creating resource-dependent compliance risk
  • Milestones are agency-defined with OMB consultation, not centrally mandated, leading to variable ambition
  • Backlog reduction goals may conflict with post-9/11 information classification trends
  • Vague standard for 'appropriate' staffing and resources leaves enforcement ambiguous
Executive Order 13392: Improving Agency Disclosure of Information · Executive Orders