Corinna Zarek
Policy Advisor for Open
Government
White House Office of
Science and Technology Policy
http://www.whitehouse.gov//open
@OpenGov
First, White House review should be strictly limited to “White House-originated” records, as set forth in the 1993 DOJ guidance. The Office of White House Counsel should not be able to review documents and requests just because they include politically sensitive information.
Second, agencies should be required to inform requesters in writing whenever records are forwarded to the White House for review. There is ample precedent for this notification. Guidance from DOJ’s Office of Information Policy suggests that “[w]hen providing updates to requesters on the status of their requests, [agencies should] include information concerning ongoing consultations.” Further, agencies are required to notify requesters when they forward Exemption 4-related records to business submitters pursuant to Executive Order 12600.
Lastly, agencies should be required to identify in their annual FOIA reports the total number of requests involving White House review, including the median processing time. Again, there is precedent for this. Currently, agencies are required to report the total number of consultations they receive from other agencies, including the number of consultations they processed and that remain pending.