Feds Spend Millions Fighting FOIA Lawsuits, GAO Finds

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Feds Spend Millions Fighting FOIA Lawsuits, GAO Finds

The Daily Caller
September 15, 2016

Federalagencies spend millions of tax dollars opposing Americans' successful lawsuitsseeking public records under the Freedom of Information Act (FOIA), but can'tsay exactly how much, according to a new GovernmentAccountability Office (GAO) report.

Department ofJustice (DOJ) officials responsible for tracking agencies' FOIA compliancedon't know how much agencies spent fighting 112 cases from 2009 to 2014 inwhich the plaintiff "substantially" prevailed, according to GAO. Of the 57lawsuits agencies could track, agencies spent $1.8 million.

But that'sjust a drop in the bucket compared to the $144 million agencies estimated theyspent fighting 3,350 FOIA lawsuits from 2009 to 2014, according to GAO.

Current DOJpolicy doesn't require department officials to track spending by agencies onspecific lawsuits, or whether the plaintiff or agency prevailed, leaving gapsin federal records about FOIA lawsuits, according to GAO.

"Althoughrequiring Justice and agencies to report actual cost information could lead tobetter transparency regarding federal operations, costs would be associatedwith such reporting," the GAO report said. "Considering these costs, aswell as potential benefits, could help Congress in determining whether such arequirement would be cost-effective for enhancing oversight of FOIAlitigation-related operations."

FOIA is themain tool for journalists and members of the public to request governmentdocuments, and agencies have 20 business days to respond. But agencies oftenfail to meet that deadline, at which point the requester can file a lawsuitagainst the government. (RELATED: Agency Admits It Destroyed Records After Six-YearFOIA Stonewall)

The Department of State is the slowest agency in responding toFOIA requests, taking 111 days on average, according to a DOJ report releasedearlier this year.

The number ofFOIA lawsuits against federal agencies continues to climb. Plaintiffs filed 290FOIA lawsuits against agencies in 2006, but 456 in 2015, according to GAO.

To view fullarticle, click here: http://dailycaller.com/2016/09/08/feds-spend-millions-fighting-foia-lawsuits-gao-finds/


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