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Home > The Secrecy File > Archives > 2008 > January > 24 > Entry
Leahy and Cornyn oppose White House moving FOIA ombudsman
Sens. Patrick Leahy, D-Vt., and John Cornyn, R-Texas, oppose the administration moving funding for an ombudsman to oversee disputes over the Freedom of Information Act from the National Archives and Records Administration.
That was a centerpiece of the legislation sponsored by Cornyn and Leahy that President Bush signed into law last month after it overwhelmingly passed the House and Senate. The law called for funding the Office of Government Information Services at the National Archives so that it would provide independent oversight of requests for government records made under the act.
Given its “abysmal record on FOIA compliance” over the past seven years, Leahy said he hoped the administration would reconsider its “unsound” decision on grounds it goes against what Congress intended.
Sean Kevelighan, press secretary at the Office of Management and Budget, responded on behalf of the White House to the criticism by saying that the final budget has not been released. “Until then, it would be premature to speculate as to what might be in the final product.”
Brian Walsh, communications director for Cornyn, said the senator is opposed to moving the funding to Justice. “The senator is in agreement with Senator Leahy on this matter and will oppose this effort by the administration,” Walsh said.
The Cornyn-Leahy measure was the first major overhaul of FOIA in over a decade. Open government advocates like Pete Weitzel, head of the Coalition of Journalists for Open Government, strongly oppose moving the funding, estimated to be about $6 million.
“The idea of shifting to Justice is ludicrous,” Weitzel said. “Justice has a clear conflict of interest.”
The Justice Department represents federal agencies in disputes with FOIA requesters. The ombudsman is supposed to be an independent, impartial mediator, Weitzel said.
“The moving of funds for OGIS to DOJ is the exact opposite of what advocates of reform hoped for and the law intends,” said Patrice McDermott, director of OpenTheGovernment.org, an umbrella organization of groups concerned about the growth in government secrecy.
“This apparent move by the White House seems to signal their unwillingness to change the process by which the public can settle disputes by agencies and make FOIA more effective as a tool for accountability,” McDermott said. “It is deeply disappointing.”
Rick Blum, coordinator of the Sunshine in Government Initiative, said the administration’s move is an affront to Congress.
“Congress doesn’t make recommendations-it writes laws,” Blum said. “The money should follow the law. That means putting money into the Archives, not Justice.”
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