Platts Weighs in on Department of Justice Freedom of Information Act Report

WASHINGTON, D.C. – House Government Management, Finance, and Accountability Subcommittee Chairman Todd Russell Platts released the following statement on the release of a report by the Attorney General to examine the implementation of Executive Order 13392, Improving Agency Disclosure of Information: 

“Improving the operational aspects of the Freedom of Information Act has been an important goal of the Subcommittee during the 109th Congress, and I am pleased to see that the Attorney General’s Report provides a fair accounting of actions that Federal agencies have taken to help citizens in their quest for information.  In the words of Thomas Jefferson, ‘Information is the currency of democracy,’ and the improvements that have been instituted as a result of the Executive Order will go a long way toward addressing many of the concerns raised by citizens and members of the press on the cumbersome process of making a FOIA request,” Platts said.

“My Subcommittee looked closely at the Executive Order in an oversight hearing on July 26, 2006, and I am particularly pleased to see that some of the concerns raised by the Government Accountability Office in testimony at that hearing were addressed in the report.  Specifically, the report states that ‘[a]s a starting point for this review, it began with nine agencies that have been identified by GAO as having failed to sufficiently address [FOIA backlogs].’ 

“The Executive Order, while important for addressing operational challenges such as wait times, tracking numbers, and the appointment of Chief FOIA officers, is only part of the equation,” Platts continued.  “To address the policy aspects of FOIA improvement, legislation is needed, and the Subcommittee recently passed H.R. 867, the OPEN Government Act, which would close loopholes in the law.   

“The Attorney General’s report is a great starting point, and the attention to specific challenges raised through our oversight is encouraging.  Improving FOIA implementation – both through aggressive oversight and a push for passage of the OPEN Government Act – will remain a top priority of the Subcommittee.”

BACKGROUND:

 H.R. 867, the OPEN Government Act was amended by full Committee Ranking Member Henry Waxman and passed the Subcommittee on Government Management, Finance and Accountability by voice vote September 27, 2006, and was referred to the full Government Reform Committee for consideration.  Rep. Waxman’s amendment seeks to overturn two memoranda issued in 2001 and 2002 by the Executive Branch.  Open government advocates have argued that these memoranda resulted in the unintentional withholding of important information and created an air of secrecy contrary to the original intent of FOIA.  The Waxman amendment also includes specific reporting requirements to better track how Federal agencies respond to FOIA requests.  The language in the Waxman amendment was not included in the Senate version of the OPEN Government Act (S. 394), which was reported favorably by the Senate Judiciary Committee on September 21, 2006. 

 The Subcommittee held two hearings on FOIA implementation during the 109th Congress.  On May 11, 2005, the Subcommittee held a hearing entitled “Information Policy in the 21st Century – A Review of the Freedom of Information Act” and on July 26, 2006, held a hearing entitled, “Implementing FOIA – Does the Bush Administration’s Executive Order Improve Processing?” 

 Chairman Platts and Members of the Subcommittee published A Citizen’s Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records in 2005.

 Requirements of Executive Order 13392:
Agencies
• Designation of agency Chief FOIA Officers;
• Establishment one or more agency FOIA Requester Service Centers;
• Chief FOIA Officers designate one or more FOIA Public Liaisons;
• Chief FOIA Officer shall conduct a review of the agencies FOIA Operations;
• Chief FOIA Officer shall develop an agency-specific plan to ensure that the agency’s administration of FOIA is in accordance with the policies set forth in the Executive Order;
• Agency head shall report to the Attorney General and the OMB Director on the results of the review of FOIA operations and provide a copy of the agency-specific FOIA plan within six months of the date of the Executive Order (June 14, 2006); and
• Include in the agency annual reports for FY 2006 and 2007 a section on the agency’s development and implementation of its plan and the agency’s performance in meeting the milestones set forth in their plan.
Attorney General
• Using the agency reports required by the Executive Order and information contained in the agencies FY 2005 annual report, shall submit to the President a report on agency implementation within 10 months of the date of the Executive Order (October 14, 2006);
• Thereafter submit two further annual reports by June 1, 2007 and 2008 that provide the President with an update on the agencies implementation of FOIA and their plans developed under the Executive Order; and
• Issue instructions and guidance to the heads of agencies as appropriate to develop the agency-specific plans and provide the reports required by the Executive Order.
OMB Director
• Issue instructions and guidance to the heads of agencies as appropriate to implement the requirements of the Executive Order other than developing and implementing the agency-specific plans and providing the reports.