Did Lone Republican Senator Delay Open Government Act Passage?

This very popular, bipartisan bill is sponsored by both a Republican and a Democrat–so what’s the problem?Did Lone Republican Senator Delay OPEN Government Act Passage?By Cliff Montgomery – July 12th, 2007On June 27th, Senator Leahy (D-VT), spoke of a lone “Republican hold [which] is delaying consideration of [an] important FOIA reform bill,” the Openness Promotes Effectiveness in Our National (OPEN) Government Act.It is in fact a bipartisan bill reported by the Judiciary Committee in April.We quote from Leahy’s remarks below:“On July 4, the Nation will celebrate the 41st anniversary of the Freedom of Information Act, FOIA, landmark legislation that has guaranteed the public’s “right to know” for generations of Americans.”Regrettably, the Senate will mark this very important anniversary without having passed the Openness Promotes Effectiveness in Our National Government Act, the OPEN Government Act, S. 849, comprehensive legislation that Senator Cornyn and I introduced earlier this year to strengthen and reinvigorate FOIA for all Americans.”Responsive government and transparent decision-making are bedrock American values. FOIA honors and helps translate those values into practice, and the OPEN Government Act will help FOIA work better in serving the public’s interest.”The Judiciary Committee favorably reported this bipartisan legislation in April. But a Republican hold is delaying consideration of this important FOIA reform bill. The Senate Republican leadership has also ignored requests to debate this bill on the Senate floor, needlessly stalling these long-overdue, bipartisan reforms to strengthen FOIA.”For more than four decades, FOIA’s timeless values of openness and transparency in government have ensured access to Government information.”Just this week, we witnessed the great value of FOIA in shedding light on a controversial policy within the Office of the Vice President regarding the handling of classified information, with news reports that a FOIA request to the Justice Department first revealed that the Attorney General may have delayed a review into the legality of this troubling policy.”Although FOIA remains an indispensable tool in shedding light on bad policies and Government abuses, this open Government law is being hampered by excessive delays and lax FOIA compliance.”Today, Americans who seek information under FOIA remain less likely to obtain it than during any other time in FOIA’s 40-plus year history. According to the National Security Archive, an independent research institute, the oldest outstanding FOIA requests date back to 1989, before the collapse of the Soviet Union.”Moreover, more than a year after the President’s FOIA Executive order to improve agency FOIA performance, FOIA backlogs are at an all-time high.”According to a recent report by the Government Accountability Office, Federal agencies had 43 percent more FOIA requests pending and outstanding in 2006 than in 2002.”In addition, the percentage of FOIA requestors who obtained at least some of the information that they requested from the Government declined by 31 percent in 2006, according to a study by the Coalition of Journalists for Open Government.”As the first major reform to FOIA in more than a decade, the OPEN Government Act would help to reverse these troubling trends and to restore the public’s trust in their Government. In so doing, this bill is a fitting tribute to FOIA and a wise investment in our American democracy.”The OPEN Government Act promotes and enhances public disclosure of Government information under FOIA by helping Americans to obtain timely responses to their FOIA requests.”This bill also improves transparency in the Federal Government’s FOIA process by restoring meaningful deadlines for agency action under FOIA; imposing real consequences on Federal agencies for missing FOIA’s 20-day statutory deadline; clarifying that FOIA applies to Government records held by outside private contractors; establishing a FOIA hotline service for all Federal agencies; and creating a FOIA Ombudsman to provide FOIA requestors and Federal agencies with a meaningful alternative to costly litigation.”Let me also be clear about what this bill does not do. This bill does not harm or impede in any way the Government’s ability to withhold or protect classified information. Classified, national security and homeland security-related information are all expressly exempt from FOIA’s disclosure mandate, and this bill does nothing to alter these important exemptions.”Senator Cornyn and I have also offered an amendment to this bill that would preserve the right of Federal agencies to assert these and other FOIA exemptions, even if agencies miss the 20-day statutory deadline under FOIA.”The OPEN Government Act is co-sponsored by a bipartisan group of 13 Senators, including the bill’s lead Republican cosponsor, Senator Cornyn. This bill is also endorsed by more than 115 business, public interest, and news organizations from across the political and ideological spectrum, including the American Library Association, the U.S. Chamber of Commerce, OpenTheGovernment.org, Public Citizen, the Republican Liberty Caucus, the Sunshine in Government Initiative, and the Vermont Press Association.”The OPEN Government Act is a good-government bill that Democrats and Republicans alike can and should work together to enact. If there are legitimate concerns with this bill, those concerns should be openly debated and the Senate should promptly pass this legislation.”Like what you’re reading so far? Then why not order a full year (52 issues) of thee-newsletter for only $15? A major article covering an story not being told in the Corporate Press will be delivered to your email every Monday morning for a full year, for less than 30 cents an issue. Order Now!