Page:Title 3 CFR 2005 Compilation.djvu/232

 Executive Orders EO 13392 (it) The plan shall include specific activities that the agency will imple- ment to eliminate or reduce the agency's FOIA backlog, including (as ap- plicable) changes that will make the processing of FOIA requests more streamlined and effective, as well as increased reliance on the dissemina- tion of records that can be made available to the public through a website or other means that do not require the public to make a request for the records under the FOIA. (iii) The plan shall also include activities to increase public awareness of FOIA processing, including as appropriate, expanded use of the agen- cy's Center and its FOIA Public Liaisons. (iv) The plan shall also include, taking appropriate account of the re- sources available to the agency and the mission of the agency, concrete milestones, with specific timetables and outcomes to be achieved, by which the head of the agency, after consultation with the OMB Director, shall measure and evaluate the agency's success in the implementation of the plan. (c) Agency Reports to the Attorney General and OMB Director. (i) The head of each agency shall submit a report, no later than 6 months from the date of this order, to the Attorney General and the OMB Direc- tor that summarizes the results of the review under section 3(a) of this order and encloses a copy of the agency's plan under section 3(b) of this order. The agency shall publish a copy of the agency's report on the agency's website or, in the case of an agency without a website, on the Firstgov.gov website, or, in the case of any agency with neither a website nor the capability to publish on the Firstgov.gov website, in the Federal Register. (it) The head of each agency shall include in the agency's annual FOIA reports for fiscal years 2006 and 2007 a report on the agency's develop- ment and implementation of its plan under section 3(b) of this order and on the agency's performance in meeting the milestones set forth in that plan, consistent with any related guidelines the Attorney General may issue under section 552(e) of title 5, United States Code. (iii) If the agency does not meet a milestone in its plan, the head of the agency shall: (A) identify this deficiency in the annual FOIA report to the Attorney General; (B) explain in the annual report the reasons for the agency's failure to meet the milestone; (C) outline in the annual report the steps that the agency has already taken, and will be taking, to address the deficiency; and (D) report this deficiency to the President's Management Council. Sec. 4. Attorney General. (a) Report. The Attorney General, using the reports submitted by the agencies under subsection 3(c)(i) of this order and the information sub- mitted by agencies in their annual FOIA reports for fiscal year 2005, shall submit to the President, no later than l0 months from the date of this order, a report on agency FOIA implementation. The Attorney General shall consult the OMB Director in the preparation of the report and shall include in the report appropriate recommendations on administrative or other agency actions for continued agency dissemination and release of

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