II.6.6 "within a reasonable time"

The FY 1999 Appropriations Act does not impose a deadline for agencies to obtain data from awardees in response to a FOIA request. The proposed OMB revisions would require that the agency provide the data "within a reasonable time." CRE applauds OMB for including at least some constraint on the time by which agencies must respond to requests for data relating to federally funded research. Understanding the difficulty in establishing more definitive time limits for an agency to process a FOIA request, CRE nevertheless believes that certain additional parameters could be adopted.

Under FOIA, an agency must make a determination regarding whether it will comply with a FOIA request within 20 days after receipt of the request, unless "unusual circumstances" apply. 5 U.S.C. § 552(a)(6). The agency then must "immediately" notify the person making the request of the agency's determination. Id. Once an agency determines that it will comply with the request, the records must be made available "promptly". 5 U.S.C. § 552(a)(6)(C)(i). The term "exceptional circumstances" that would justify a delay in the government's review of the records does not include a delay that results from a predicable agency workload, unless the agency demonstrates "reasonable progress" in reducing its backlog of pending requests. 5 U.S.C. § 552(a)(6)(C)(ii).

OMB should require each agency to specify the above in implementing its own conforming regulations. CRE also recommends that OMB determine and direct that an appropriate sanction will be imposed against agencies and/or awardees who fail to provide the requested data within the time frames established under each agency's rules.