Hill: DoJ’s FOIA end-run stymied

By Max Cacas
FederalNewsRadio

The chairman of a House subcommittee says he remains confident that Congress’ intent regarding a new federal office designed to streamline agencies’ compliance with Freedom of Information Act requests will prevail. This, despite a White House and Justice Department effort to circumvent a law signed by President Bush.

The Information Policy, Census and National Archives Subcommittee, part of the House Oversight and Government Reform Commitee, conducted an oversight hearing yesterday about the implementation of the Open Government Act of 2007. The Office of Government Information Services (OGIS), a new agency whose creation is mandated by the law, is designed to help expedite Freedom of Information Act requests to federal agencies, and also to serve as an appeals board when agencies deny requests. The law clearly states that the OGIS should be established within the National Archives and Records Administration.

Thje President signed public Law 110-175 into law about nine months ago shortly after it was passed by Congress. However, in its FY 2009 budget request to Congress, the White House has quietly tried to include funding to have the an existing office within the Justice Department take over the functions of the as-yet-organized OGIS next year. The administration argues that a new OGIS would duplicate the FOIA functions already at Justice.

However, advocates from the Sunshine in Government Initiative, Open Government.org, and the National Security Archive at George Washington University told the subcommittee that allowing Justice to conduct the functions of the OGIS would amount to a conflict of interest, since DoJ also represents federal agencies defending themselves against FOIA appeals.

Subcommittee chair William Lacy Clay (D.-Missouri) told FederalNewsRadio, “Representatives from the requestor community and the National Archives testified that they are anxious to get started. Congress has appropriated the money to establish the office within the Archives.”

Asked to comment on the White House budget request for funds to have Justice perform OGIS functions, Clay said, “Its probably just a case of the Justice Department having a wish list, and wanting to do this, but that’s not the facts, and that’s not the case here. The law states clearly and explicitly that the office will be within the Archives, and that’s where it will be.”

Clay is confident that an Archives-based OGIS will be up and running sometime in 2009.

Chairman Clay was forced to recess the hearing prematurely when the sound system in the Rayburn House Office Building hearing room noisily malfunctioned and finally failed, making it impossible for witnesses and panel members to be heard, and their comments included in the official congressional record.

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House Information Policy, Census and National Archives subcommittee website

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