Top Interior lawyer nominee quizzed over public records law

Acting Solicitor of the Department of the Interior Robert Anderson was pressed by members of both parties Tuesday over how he would handle public records requests if confirmed to the position on a permanent basis.

Anderson faced questions from multiple members of the Senate Energy Committee over Freedom of Information Act (FOIA) requests, with lawmakers repeatedly calling for transparency from the administration.

Ranking Member John Barrasso (R-Wyo.) questioned Anderson about what he described as reports that Biden administration officials have used encrypted messaging apps for government business, the subject of a letter Barrasso sent Secretary Deb Haaland.

“Are you aware of the use of any encrypted messaging apps for official business communications by any Department of the Interior official or employee on either personal or Department-issued equipment?” Barrasso asked.

Anderson responded that he was “not aware of that [but] I did hear about this concern of the committee,” adding that mandatory training emphasizes laws governing the preservation of official records.

“I rely on the career ethics office, which is tremendous and is part of my office and our career personnel who administer the government Records Act to provide us with advice,” he added. “We take it extremely seriously because we know we need to keep these things available for the public through FOIA and for other matters, whether it’s litigation or otherwise.”

Barrasso went on to ask Anderson what steps the Interior Department has taken to ensure any encrypted messages are archived.

“I am not aware that any of the employees at the department are using encrypted messaging apps or devices, if that’s the proper term, to conduct government business,” Anderson responded.

He added that “the mere fact that you raised this question with me is going to cause me to make some inquiries at the department and let folks know that this is not a permissible way to do business.”

Separately, Sen. Angus King (I-Maine) asked Anderson about the FOIA process within Interior, saying “I hope we’re going to have a clear-cut position that yes, we are going to obey the law when it comes to the Freedom of Information Act.”

“I am committed to full compliance with FOIA [and] with transparency,” Anderson responded, saying “we have a person who’s incredibly competent running that office, I meet with her on a biweekly basis to review the status of our compliance with the backlog that we’ve got.”

“I have my hands on the FOIA process and am committed to ensuring the resources provided by Congress are utilized to get rid of the backlog and fully comply” with FOIA, he added.