Rep.
Henry A. Waxman has released a comprehensive examination of secrecy in
the Bush Administration. The report analyzes how the Administration has
implemented each of our nation’s major open government laws. It
finds that there has been a consistent pattern in the Administration’s
actions: laws that are designed to promote public access to information
have been undermined, while laws that authorize the government to withhold
information or to operate in secret have repeatedly been expanded. The
cumulative result is an unprecedented assault on the principle of open
government. Extended
Overview »
Rep.
Waxman and other members of the Government Reform Committee have also
introduced H.R. 5073, legislation to reverse the Bush Administration's
policies and restore open government.
REPORT
TABLE OF CONTENTS |
Section
links jump to bookmarks in full report
I:
Freedom of Information Act (FOIA) The Administration has limited
the scope of the primary federal law providing the public with
a right to information held by the executive branch and has
resisted information requests through procedural tactics and
delays.
II:
Presidential Records Act The President has issued an executive
order undermining the Watergate-era law that makes presidential
records available to historians and the public.
III:
Federal Advisory Committee Act The Administration has undercut
and evaded the federal law that requires openness and a balance
of viewpoints on government advisory bodies.
Part
II: Laws that Restrict Access to Public Records The Administration has reversed steps
taken by the Clinton Administration to declassify information and
has expanded the capacity of the executive branch to operate in secret.
IV:
Expanding Secret Government Operations The Administration has expanded its
authority to conduct law enforcement operations in secret with
limited or no judicial oversight through the enactment of new
laws such as the USA PATRIOT Act and novel interpretations of
existing authorities.
Part
III:Congressional Access To Information The Administration has repeatedly refused
to provide members of Congress, the Government Accountability Office,
and congressional commissions with information necessary for meaningful
congressional oversight.
I:
GAO Authority to Investigate Accountability The Administration has
challenged the authority of the congressional General Accountability
Office to review federal records and investigate federal programs.
II:
Seven Member Rule The Administration has
challenged the authority of members of the House Government
Reform Committee to obtain information on matters within the
jurisdiction of the Committee.
IV:Investigative
Commissions The
Administration resisted or delayed providing information to
the National Commission on Terrorist Attacks upon the United
States, the commission created by Congress to investigate the
September 11 attacks.
Conclusion The
Bush Administration has systematically sought to limit disclosure
of government records while expanding its authority to operate in
secret. Taken together, the Administration’s actions represent
an unparalleled assault on the principle of open government.