Senators criticize White House for “abysmal” handling of FOIA requests
Jan 27th, 2008 by Rob
U.S. Senators Patrick Leahy (D-Vt.) and John Cornyn (R-Texas) issued challenges this week regarding a White House decision to relocate the operations of a panel responsible for investigating and resolving Freedom of Information Act disputes.
The OPEN Government Act, a revised version of the FOIA signed into law January 4, established the Office of Government Information Services, which was to operate out of the National Archives and Records Administration. The revised act reads, in part:
There is established the Office of Government Information Services within the National Archives and Records Administration… The Office of Government Information Services shall offer mediation services to resolve disputes between persons making requests under this section and administrative agencies as a nonexclusive alternative to litigation and, at the discretion of the Office, may issue advisory opinions if mediation has not resolved the dispute.”
According to Leahy, the White House is proceeding with plans to transfer funding for the Information Services office to the Department of Justice – a move that has been questioned by the senators and many FOIA advocates. The DOJ has been harshly criticized in years past for its slow handling of FOIA requests, creating a massive backlog that some say has closed the government off from outside observers. Leahy said Wednesday,
Sadly, the early signs from the administration are troubling. Just this week, the administration signaled that it will move the much-needed funding for the Office of Government Information Services created under the OPEN Government Act from the National Archives and Records Administration to the Department of Justice. Such a move is not only contrary to the express intent of the Congress, but it is also contrary to the very purpose of this legislation — to ensure the timely and fair resolution of American’s FOIA requests. Given its abysmal record on FOIA compliance during the last seven years, I hope that the administration will reconsider this unsound decision and enforce this law as the Congress intended.”
Leahy and Cornyn contend that transferring the oversight of the Information Services office to the DoJ creates a clear conflict of interest – the auditors will be operating out of the very agency that they will be investigating. The White House, which has previously expressed concern that opening government records could expose sensitive information, told the Austin American-Statesman that no firm plans had been set for the location of the funds.
