By JIM ABRAMS, Associated Press Writer
December 14, 2007
WASHINGTON - Reversing a trend toward secrecy, federal agencies
would have to be more responsive to Freedom of Information
Act requests under legislation approved by the Senate Friday.
The bill, approved by voice vote, commits the government to
be more open, shifting policies that since the Sept. 11 attacks
have emphasized security in responding to requests for information.
The measure makes minor revisions to previously passed legislation
to meet House concerns. The House could take it up next week,
before adjourning for the year.
The bill would give the 40-year-old act its first makeover
in a decade, streamlining a process plagued by long delays
and bureaucratic obstacles. It is supported by dozens of media
outlets, including The Associated Press.
It restores a presumption of disclosure standard that would
commit agencies to releasing requested information unless there
is a finding that such disclosure could do harm.
After Sept. 11, then Attorney General John Ashcroft instructed
agencies against releasing information when there was any uncertainty
over security or law enforcement exemptions.
The "Open Government Act" will "help to reverse
the troubling trends of excessive delays and lax FOIA compliance
in our government and help to restore the public's trust in
their government," said Senate Judiciary Committee Chairman
Patrick Leahy, D-Vt., who sponsored the bill with Sen. John
Cornyn, R-Texas.
Leahy has been working with the Justice Department on the
legislation and the administration is expected to support it.
It would take steps to ensure that agencies abide by the 20-day
deadline for responding to FOIA requests, including a requirement
that FOIA offices get requests for information to the appropriate
agency office within 10 days of receiving the request.
Agencies that fail to meet the 20-day deadline would have
to refund search and duplication fees for noncommercial requesters.
The legislation creates a tracking system for FOIA requests
to help members of the public and the media and establishes
a FOIA hotline service for all federal agencies to deal with
problems.
FOIA would be applied to government records held by private
contractors and a FOIA ombudsman would be established to provide
an alternative to litigation over disclosure disputes.
The Senate added a provision included in the House version
that requires agencies to explain redactions by citing the
specific exemption under which the blacked-out information
qualifies.
The Senate also took steps to meet House rules that any new
spending in legislation be matched by savings in other areas
so as not to add to the deficit.
___
Associated Press writer Laurie Kellman contributed to the
story.
___
The bill is S. 2488
On the Net:
Congress: http://thomas.loc.gov/
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