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Mixed Bag: Has Obama Fulfilled his Open-Government Promise?

by Jennifer LaFleur, ProPublica

President Barack Obama
President Barack Obama

After eight years of tightened access to government records under the Bush administration, open-government advocates were hopeful when Barack Obama promised greater transparency.

Four years later, did the president keep his promise?

“It’s a mixed bag,” said Patrice McDermott, executive director of OpenTheGovernment.org, a consortium of right-to-know groups. “I think they’ve made progress, but a whole lot more remains to be done.”

The Obama administration set the bar high. In his first inaugural address, Obama said that “those of us who manage the public’s dollars” will “do our business in the light of day, because only then can we restore the vital trust between a people and their government.”

The next day, the president issued two memos. In one on the Freedom of Information Act, he wrote that FOIA “should be administered with a clear presumption: In the face of doubt, openness prevails.”

A second memo addressed transparency: “My administration is committed to creating an unprecedented level of openness in government.” And that “openness will strengthen our democracy and promote efficiency and effectiveness in government.”

But transparency was not defined in detail, said Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists (FAS). “People were left to imagine whatever they wanted to be the content of those statements. Inevitably, disappointment soon followed.”

Next came more memos and directives, including a memo from Attorney General Eric Holder encouraging federal agencies to release discretionary information and a White House directive outlining an open-government to-do list for agencies.

Among the assigned tasks:

  • Make data available online
  • Create an open-government website
  • Create a FOIA point person within the agency
  • Devise a plan on how the agency will become transparent

In early 2010, ProPublica tracked how well agencies followed up. Some agencies missed key deadlines. Others did not complete all tasks.

Two months ago, the National Security Archive found that “66 of 99 federal agencies” never updated their FOIA regulations even though Holder ordered them to make changes in a March 19, 2009, memorandum.

“It takes somebody beating up on the chief FOIA officer and the head of the agency to make sure the message is being heeded all through the agency, ” McDermott said. “And they haven’t done that.”

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Some basics also have changed. Many agencies employ simple, yet helpful practices such as communicating with FOIA requesters and giving them ways to check the status of their requests. Some agencies have posted contact information for their FOIA offices and other personnel on their websites.

Still, many requesters say they continue to face delays and costly processing fees. Although government data show that agency FOIA backlogs are significantly lower than in 2008, the figures for 2011 show an increase from the two prior years. An analysis by Bloomberg News last fall found that 19 out of 20 cabinet-level agencies failed to properly fulfill FOIA requests.

Read More Here.

 

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