Agencies Move to Restrict FOIA Access in Last-Minute Regs

Agencies Move to Restrict FOIA Access in Last-Minute Regs
by Jennifer LaFleur, ProPublica - January 5, 2009 2:07 pm EST


As one of the most secretive presidential administrations in history gets ready to close up shop, it's closing a few more things -- records. Over the past few months, some federal agencies have issued rules that would eliminate public disclosure of information -- or, in some cases, make it more difficult for requesters to get information.

While the federal Freedom of Information Act regulates what government information may be withheld from the public, internal rules determine how that law is carried out at the agency level. Those rules also may restrict access to information.

On Dec. 9, the Department of Energy{2} proposed a rule that would eliminate the agency's "public interest balancing test" in determining whether to release information to the public. That test allowed the agency to release documents that would otherwise be exempt from disclosure if, in their opinion, releasing them would serve the public interest. According to the agency's summary of the rule, the test imposed "an additional burden on DOE." The agency also increased the photocopying fee paid by FOIA requesters to 20 cents per page. The agency currently charges five cents for copies of paper documents and 10 cents per page for printouts of microfilm. Getting in a final rule before the Obama administration takes over would be a stretch. DOE is accepting public comments on the proposed rule until Jan. 8. But the agency might be able to put a final rule in place before FOIA guidance is issued by the new U.S. Attorney General.

Other agencies also upped the fees they can charge for public records. The Securities and Exchange Commission{3}, the federal agency charged with protecting investors, proposed a rule Dec. 23 that would bump fees for processing records at a time when easy access to information about companies is crucial to the public. Hourly fees for processing increased for every employee seniority level. The new rule would bump the lowest category to $26 per hour from $16. The highest level would go from $28 per hour to as high as $70 per hour.

more...

http://www.propublica.org/article/agenices-move-to-restrict-foia-access-in-last-minute-regs-105

when obama gets the reins, you are all gonna have to cough it up. get ready. time is about to be up.