WASHINGTON -- An open-government bill is back on track after a wild,
stop-and-go ride through Congress during the past two weeks.
The
bill is designed to promote faster action by government agencies when
citizens ask them for material under the Freedom of Information Act.
Even if the "Faster FOIA Act" passes Congress, budget
cuts could undermine that goal. FOIA advocates worry that delays could
worsen as Congress seeks to shrink the size of government.
"If
there are to be cuts in all of the agencies, I cannot imagine that FOIA
offices would not be subject to the same threat, which obviously would
make a bad situation even worse," said Lucy Dalglish, executive director
of the Reporters Committee for Freedom of the Press.
President
Barack Obama has ordered agencies to improve their response times under
FOIA, but backlogs of requests continue to be a problem. The oldest
requests at eight agencies are more than a decade old, and one is 20
years old, according to the Knight Open Government Survey released in
July by the National Security Archive at George Washington University.
The
Faster FOIA Act would create an advisory panel to examine what causes
backlogs and recommend to Congress how to speed up the process. Sen.
Patrick Leahy, D-Vt., the bill's author, said the panel's findings would
help lawmakers pressure agencies to be more responsive.
"It
will have the teeth that allows people like myself who push FOIA to
say, 'OK, you, such and such department, have really screwed up. By the
way, next week we're having a hearing on your budget in the
Appropriations Committee and I intend to ask questions,'" Leahy said.
The Senate unanimously approved the bill Tuesday for the second time this year.
Leahy
and Sen. John Cornyn, R-Texas, reintroduced the bill this week after
House Speaker John Boehner of Ohio used the proposal as the vehicle for his plan to raise the debt ceiling and cut federal spending. In doing so, he stripped the FOIA provisions from the bill.
It's unclear why Boehner chose the FOIA bill as a vehicle, but the decision amused Leahy.
"I haven't felt this special since a particular greeting I once got
from Vice President (Dick) Cheney," Leahy told Roll Call on July 27. He
was referring to a 2004 incident on the Senate floor in which Cheney
directed an obscenity at him during an argument.
The FOIA bill's House
companion has awaited action on the House Committee on Oversight and
Government Reform since late April. More than 35 transparency
organizations have urged the committee to pass the legislation.
Leahy said this week that he expects the bill to advance in the House, given the bipartisan support it received in the Senate.
"John and I have a proven track record of getting FOIA (legislation) through," said Leahy, a longtime advocate of such bills.
Dalglish
said the bill is largely symbolic because there's no mystery about
what's wrong with the FOIA process. She said her group supports the bill
because it draws attention to the need for government to be held
accountable.
Among
the problems she cited: The law allows for too many exemptions; it's
not a priority for agencies; agencies interpret it in different ways;
and offices tasked with fulfilling requests are underfunded.
"Given how deadlocked Congress is and how they are basically immobilized on everything else, I trust the senator's judgment that at least this might be attainable," she said.
The
federal government spends up to $500 million processing FOIA requests
from the public annually, a small amount in terms of "Washington
dollars," said Rick Blum, coordinator of the Sunshine in Government
Initiative, a coalition of media associations.
FOIA is the "cheapest investment we can make" to save money and root out waste, he said.
As Congress cuts funding
for every agency, having less money available to process FOIA requests
will be a challenge, he said. The law will continue to require the
government to respond to requests. Blum said he hopes the advisory
panel, as proposed by Leahy, can help make the response process more
efficient.
"Whatever
the size of government, you need effective oversight, and that requires
transparency," he said. "FOIA is the most effective way to ensure we
can all see what government is up to."
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