A bill to modernize the Freedom of Information Act made it through the Judiciary Committee in the lame duck Democratic-controlled Senate, The Hill reported. That might seem like a hopeless gesture, but there's reason to think that the moment has arrived for a better FOIA. The FOIA Improvement Act of 2014 is sponsored by the unlikely pair of a Vermont Democrat (Patrick Leahy) and a Texas Republican (John Cornyn). The idea of holding government accountable has bipartisan support, and it passed the Judiciary Committee unanimously. Next stop: the Senate floor. If approved, it still has to get through the House. UPDATE: I learned from Mary Treacy of openthegovernment.org that a version of the bill passed the House earlier this year. She reports that the House has agreed to go along with the Senate version.
Here's some of what it would do, according to a summary on Leahy's web site (also below):
- Make into law President Obama's "presumption of openness" for government records
- Make frequently-requested records more accessible on agency web sites
- Limit the use of the much-abused "Exemption 5," which allows agencies to deny records considered "draft" or "deliberative process"
- Increasing the authority of a federal agency that intervenes to resolve FOIA disputes
Politico's report described the bill as "watered-down" because opponents forced the removal of a provision that would have allowed federal judges to overrule agencies that cite Exemption 5 to deny records. Still, advocates for open government groups are right to stick with the bill, our best chance in years for a better FOIA.
