Special Investigations

Untitled Document

September 14, 2004

Secrecy in the Bush Administration

Secrecy in the Bush Administration
Full Report
Press Release
H.R. 5073
Bill Summary

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
Full Report (81 pp.)
Executive Summary
Introduction

PART I: Laws that Provide Public Access to Federal Record
The Administration has narrowed in scope and application each of the landmark laws enacted by Congress to promote "government in the sunshine."
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.
I: National Security Classification of Government Records
The President has expanded the classification powers of executive agencies, resulting in a dramatic increase in the volume of classified government information.
II: Expanded Protection of "Sensitive Security Information"
The Administration has obtained an expansion of “sensitive security information” to allow the withholding of information about the safety of any mode of transportation.
III: Weakened DHS Disclosure Under the National Environmental Policy Act
The Administration has proposed a directive that would permit the Department of Homeland Security to conceal information about the environmental impacts of its activities.
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.
III:Witholding Information from Congress
The Administration has frequently withheld information sought by ranking members of congressional committees. 
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.