Statement
of Meredith Fuchs, General Counsel, National Security Archive
Before the Subcommittee on Information Policy, Census,
and National Archives of the House Committee on Oversight and Government
Reform, Hearing on: "The State of FOIA: Assessing Agency Efforts
to Meet FOIA Requirements," February 14, 2007
Includes
Attachment:
FOIA
in the News: Headlines Made Possible by FOIA, 2003-Present
National
Security Archive FOIA page
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Washington
DC, February 14, 2007 - National Security
Archive General Counsel Meredith Fuchs today told
the Subcommittee on Information Policy, Census, and National
Archives of the House Committee on Oversight and Government
Reform that, "problems [with the Freedom of Information
Act system] will not be solved unless Congress mandates solutions."
Ms. Fuchs recommended that Congress reform the FOIA to require
better annual reporting and tracking of FOIA requests, citing
examples of processing delays as long as 17 years and agency
mismanagement or obstruction of requests causing delay. She
also called on Congress to stop agencies from playing litigation
games that cost requesters and taxpayers' money and waste judicial
resources. She referenced examples of agencies that fail to
take responsible legal positions until after a requester has
filed a lawsuit and then suddenly reverse course when it becomes
clear that a court will likely rule against the agency. She
advocated revision of the FOIA's attorneys' fees provision as
a solution. Ms. Fuchs explained that, "Despite many outstanding
people administering FOIA programs throughout the government
- and they deserve praise for their work - there are far too
many FOIA offices that fail to live up to the expectations of
the law and the needs of the taxpaying public."
Ms. Fuchs testified on a panel that included Clark Hoyt, former
Washington Editor for Knight Ridder, who testified on behalf
of the Sunshine in Government Initiative, and Carolyn Frederickson
of the American Civil Liberties Union. In addition, representatives
of the General Accounting Office and the Department of Justice
testified.
The Archive has been at the forefront of organizations using
and assessing the Freedom of Information Act. The Archive has
completed five government-wide audits of FOIA administration
(supported by the John S. and James L. Knight Foundation). Recommendations
from the Archive's reports on those audits have been adopted
in President Bush's Executive Order 13,392 ("Improving
Agency Disclosure of Information"), included in FOIA legislation
introduced in earlier Congresses by Senators Cornyn and Leahy,
and Congressmen Smith and Waxman, and included as goals in many
of the 91 agency FOIA Improvement Plans developed under the
Executive Order.
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