[Views on Certain Portions of S. 774, a Bill To Amend the Freedom of Information Act]

In response to a congressional request, GAO estimated the cost and the difficulties it would encounter in assessing agency compliance with Freedom of Information Act (FOIA) time limits as provided in proposed legislation. GAO found that implementation of this provision would be both difficult and costly for GAO, and its enactment could be seen as evidencing congressional intent that GAO play a significantly greater FOIA oversight role than it has in the past. These new responsibilities would draw heavily on GAO resources and possibly delay or preclude undertaking other important work. In addition, absent clearer legislative guidance, it would be difficult to determine with certainty whether an agency could be said to be in compliance with the applicable time limits. Therefore, GAO recommended that Congress delete from the bill the provision for GAO to determine and report on agency compliance with FOIA time limits. Further, GAO recommended that Congress clarify what constitutes substantial compliance, indicate whether agency claims of unusual circumstances should be evaluated, and clarify whether individual components within an agency are to be evaluated.