Sunshine and energy
As the Bush administration draws to a close, the U.S. Energy Department is looking at tightening its FOIA rules, eliminating the “public interest” test for releasing information.
Steven Aftergood of the Federation of American Scientists, and easily the best in the business when it comes to government secrecy, noted the proposed rule change last week on his blog.
The Federal Register proposal, “would remove the so-called ‘extra balancing test’… which states: ‘To the extent permitted by other laws, the DOE will make records available which it is authorized to withhold under [the FOIA] whenever it determines that such disclosure is in the public interest’.”
That balancing test, the DOE says, would allow the department to make then discretionary release of information that might not be required under FOIA if it is “in the public interest.”
But, as Aftergood points out, that’s not the way its worked at the Justice Department under the 2001 Ashcroft policy. “To the contrary,” he writes, “it promotes withholding of exempt information and promises to defend agencies whenever they legally withhold such information.”
DOE is now moving closer to the Justice Department regulation. Does it matter. Well. Yeah, writes Aftergood.
Earlier this year, the president sought agency recommendations for a Public Interest Declassification Board to improve the declassification process. Aftergood asked for the agency recommendations and only got them from one: The Energy Department.
— RG
Steven Aftergood of the Federation of American Scientists, and easily the best in the business when it comes to government secrecy, noted the proposed rule change last week on his blog.
The Federal Register proposal, “would remove the so-called ‘extra balancing test’… which states: ‘To the extent permitted by other laws, the DOE will make records available which it is authorized to withhold under [the FOIA] whenever it determines that such disclosure is in the public interest’.”
That balancing test, the DOE says, would allow the department to make then discretionary release of information that might not be required under FOIA if it is “in the public interest.”
But, as Aftergood points out, that’s not the way its worked at the Justice Department under the 2001 Ashcroft policy. “To the contrary,” he writes, “it promotes withholding of exempt information and promises to defend agencies whenever they legally withhold such information.”
DOE is now moving closer to the Justice Department regulation. Does it matter. Well. Yeah, writes Aftergood.
Earlier this year, the president sought agency recommendations for a Public Interest Declassification Board to improve the declassification process. Aftergood asked for the agency recommendations and only got them from one: The Energy Department.
— RG
Labels: FOIA
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