In recent years the Mandatory Declassification Review (MDR) process has become an increasingly useful alternative to the Freedom of Information Act by which members of the public can challenge the classification of government records. Remarkably, agency classification positions have been overturned with some frequency in the MDR appeals process, which is something that almost never happens in FOIA litigation.
In a dubious act of recognition of the growing effectiveness of MDR, the Central Intelligence Agency has recently imposed substantial new fees that seem calculated to discourage its use by public requesters.
Last September the CIA issued new regulations specifying that declassification reviews would now cost up to $72 per hour even if no responsive records were found or released. There is also a minimum fee of $15 for reproduction of any document, no matter how few pages it might consist of.
“Search fees are assessable even if we find no records, or, if we find any, we determine that we cannot release them,” the CIA wrote last month in response to an MDR request from the National Security Archive. “Consequently, we will charge you even if our search results are negative or if we cannot release any information. Accordingly, we will need your commitment to pay applicable fees before we can proceed.”
For background and a critique of the new CIA policy, see “The CIA’s Covert Operation Against Declassification Review” by Nate Jones in the Archive’s Unredacted blog, February 10.
FAS today released permitting policy recommendations to improve talent and technology in the federal permitting process. These recommendations will address the sometimes years-long bottlenecks that prevent implementation of crucial projects, from energy to transportation.
The United States faces urgent challenges related to aging infrastructure, vulnerable energy systems, and economic competitiveness. But the permitting workforce is unprepared to implement changes. Here’s how they can improve.
S.325 would establish a clear, sustained federal governance structure for extreme heat by bringing all responsible agencies together to coordinate planning, preparedness, and response, a key recommendation of FAS’ 2025 Heat Policy Agenda.
In an industry with such high fixed costs, the Chinese state’s subsidization gives such firms a great advantage and imperils U.S. competitiveness and national security. To curtail Chinese legacy chip dominance, the United States should weaponize its monopoly on electronic design automation software.