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September 01, 2011


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You write, "Last year, they were able to insert language into the financial reform law that gave them a broad statutory exemption for their records." Not accurate, but it doesn't really matter. Nothing goes into a law without scrutiny by Congressional staff. Then you write, "Once it was uncovered, Congress removed language from the bill." Uncovered? The real story here is Congress passing bills without even knowing what's in them. You conclude with, "Congress really needs to have a hearing on who at the SEC is advising the agency on these types of issues and determine if a personnel change is needed." Readers of your blog know that you often call for "heads to roll" when these things occur. What they don't know, and you fail to disclose, is the fact that you litigate against many of the agencies you criticize in your blog, including the SEC.


And for anyone wondernig "what does the records disposition schedule say about these records?" - there apparently is no approved records schedule for them: http://www.archives.gov/press/press-releases/2011/nr11-170.html

This is another example of why agencies should be aware of what records they have by conducting regular inventories and then get their records scheduled. Without that records schedule to fall back on, it also makes it difficult for FOIA Managers to articulate to the public why records no longer exist.

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The real story here is Congress passing bills without even knowing what's in them.Of course, this is just something most people have to live with: working hard every day without getting any kind of satisfaction from it.

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