QUESTION FROM ASNE: The United States Court of Appeals for the District of Columbia Circuit recently ruled that the National Security Council is not an agency of the government and, therefore, not subject to the requirements of the Freedom of Information Act. What is your view of the correct classification of NSC for these purposes and would you support legislation to amend the FOIA in the event this ruling is not overturned by the judicial branch?

Sen. Robert Dole: The National Security Council handles some of the most sensitive and delicate questions. It seems good public policy to give greater deference to keeping material classified when it touches on matters pertaining to the security of our country and those matters which, if disclosed, may place lives at risk or jeopardize endeavors for securing peace.

Spokesman for Bill Clinton: The question of NSC classification has been in the courts for a very long time. The courts have finally spoken definitively on the subject. The court's judgment must obviously be adhered to, and we should see how this judgment works in practice before it is subject to re-examination.

QUESTION: A common criticism of the FOIA involves the length of time individuals spend waiting for documents or access to records. What can be done to expedite compliance with the Act?

Dole: One of the most important tasks in ensuring that FOIA requests are handled properly and efficiently is to insist that those who process the requests respond promptly and work professionally. The culture of bureaucracy tends to slow things down. A goal of my administration will be to change the culture of government in order to make it work more effectively. By cutting needless red-tape and layers of paper shuffling which have nothing to do with improving the tasks at hand, I intend to reshape how government thinks of itself. Some of the difficulties with FOIA requests can be solved simply by demanding that the processors respond expeditiously. It is also worth examining what type of technology could improve FOIA requests.

Clinton: President Clinton recently signed new legislation bringing FOIA into the information and electronic age by clarifying that it applies to records maintained in electronic format. This new legislation establishes procedures for an agency to discuss with requesters ways of tailoring large requests to improve responsiveness. This approach explicitly recognizes that FOIA works best when agencies and requesters work together.

This legislation affirms not just the importance, but the challenge of maintaining openness in government. In this period of government downsizing - the federal government is now down by 240,000, the smallest it's been in 30 years - the number of FOIA requests continues to rise. In addition, growing numbers of requests are for information that must be reviewed for declassification, or in which there is a proprietary interest or a privacy concern. The result in many agencies is huge backlog of requests.

The new legislation recognizes that with today's limited resources, it is frequently difficult to respond to FOIA requests within the 10 days required by law - congressional policy analysts estimate that federal agencies now receive over 500,000 FOIA requests each year. The new legislation extends the legal response period to 20 days. More importantly, it recognizes that many FOIA requests are so broad and complex that they cannot possibly be completed even within this longer period, and that the time spent processing them only delays other requests.

 

 
 
 
 
 

QUESTION: Attorney General Janet Reno has made FOIA performance a part of the job description of every relevant Department of Justice employee and includes this as part of the rating for those employees. Will you extend this practice to all agencies as a matter of administration policy?

Dole: It seems to me that it already applies to every relevant person receiving a FOIA request in the federal government. FOIA is the law and the executive branch is not above the law. If an agency employee properly receives a FOIA request, it is his or her job to expedite it as a matter of law.

Clinton: The American people are entitled to expect the swiftest possible compliance with the requirements of FOIA. President Clinton has worked hard to increase public access to government records. He has consistently supported steps to speed up the process by which federal agencies comply with FOIA requests, and he has fought to enhance the effectiveness of FOIA within his administration. In that regard, President Clinton will explore with the attorney general the Department of Justice's experience in making FOIA performance part of the job description of relevant employees and its use in the evaluation of those employees to determine whether the public might benefit from similar policies at other federal agencies.

QUESTION: What are your thoughts on imposing criminal penalties for improper denial of access to information under the FOIA, including deliberate misclassification of information or misuse of the classification process to preclude disclosure?

Dole: Malicious interference with the public's right to information is a serious matter. It not only violates a person's federal rights, but it shakes society's trust ill government. I want a government the people can trust. My administration will do everything it can to be forthright and honest. An important part of that will be to ensure that documents and records which the public have a right to are available without interference or misuse of the application process.

Clinton: Since Executive Order 12958 was signed by President Clinton in 1995, the number of security classification actions has decreased by nearly 45 percent and the number of documents declassified has increased dramatically. The executive order includes a provision that encourages government employees to challenge any classification they believe is improper.

At this time, the administration believes that efforts to improve the administration of FOIA and security classification systems are more likely to produce greater openness than criminal penalties.

 

 
 
 
 
 

QUESTION: At a recent meeting of media and public interest groups held to commemorate the 30th anniversary of the FOIA, one of the key problems identified by the coalition was simple bureaucratic resistance and a feeling on the part of many government employees that the public is not entitled to access to government information. What steps will you take to ensure total government compliance with the spirit and the letter of the FOIA?

Dole: The goal of FOIA is not only to provide access to information, but also to serve as a means to keep government honest. All my life I've tried to live by a simple rule: The best way to ensure you are not embarrassed is to make sure you have nothing to hide. If the public has the right to certain information, then it should get that information and government should not attempt to mask its actions. Its actions must be, from the start, clean and honest and within the law. If government sticks to these principles, then there will be nothing to hide and no reason to fear a FOIA request.

Clinton: President Clinton believes that openness in government is essential to accountability. The more the American people know about their government, the better their government will be. The president recognizes that, as a vital part of America's participatory system, FOIA plays a unique role in strengthening our democratic form of government. He remains committed to enhancing FOIA's effectiveness within his administration.

President Clinton wrote to federal department and agency heads, underscoring that FOIA is one of the primary means by which members of the public inform themselves about their government. He has underscored that the American people are the federal government's customers - and that federal departments and agencies should handle information requests in a customer-friendly manner. He indicated that citizen use of FOIA is not complicated, nor should it be, and that the existence of bureaucratic hurdles has no place in its implementation. The president called upon all federal departments and agencies to renew their commitment to FOIA, to its underlying principles of government openness, and to its sound administration. He called for all agencies to take a fresh look at their administration of FOIA, to reduce backlogs of FOIA requests, and to conform with the litigation guidance issued by the attorney general. A copy of the litigation guidance was attached to the president's correspondence.

President Clinton emphasized that his administration's commitment to openness requires more than merely responding to requests from the public. Each agency also has a responsibility to distribute information on its own initiative, and to enhance public access through the use of electronic information systems. Taking these steps will ensure compliance with both the letter and the spirit of FOIA.