Unless the Congress passes legislation to codify reforms and policies proposed or promulgated under a given administration, the next President of the United States can simply revoke the executive orders and memoranda passed by his or her predecessor.
Today, almost a year after its introduction, the FOIA Oversight and Implementation Act (FOIA), H.R. 1211, will go before the U.S. House for a vote. If enacted*, it would commit the reforms to the Freedom of Information Act that the Obama administration has proposed but go further, placing the burden on agencies to justify withholding information from requestors, codifying the creation of a pilot to enable requestors to submit requests in one place, creating a FOIA Council, and directing federal agencies to automatically publish records responsive to requests online.
While these actions were proposed by the administration in its National Open Government Action Plan, Congressional action would make them permanent.
If it passed both houses of Congress and is signed into law, the FOIA Reform Act would carry into law the spirit of President Barack Obama’s Open Government Memorandum of January 21, 2009 and subsequent Open Government Directive, along with Attorney General Eric Holder’s FOIA memorandum: “The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails.”
The bipartisan bill, cosponsored by House Oversight and Government Reform Chairman Darrell Issa (R-CA.), Ranking Member Elijah Cummings (D-MD), and Representative Mike Quigley (D-IL), has received support from every major open government advocacy group in Washington, DC. The released a letter to Congress this week urging the passage of the FOIA Reform Act. The Sunshine in Government and Small Business and Entrepreneurship Council also published letters in support of the bill. It has not, however, picked up a sponsor in the Senate yet.
“Requests through the Freedom of Information Act remain the principal vehicle through which the American people can access information generated by their government,” said Issa, in a statement last March. “The draft bill is designed to strengthen transparency by ensuring that legislative and executive action to improve FOIA over the past two decades is fully implemented by federal agencies.”
“This bill strengthens FOIA, our most important open government law, and makes clear that the government should operate with a presumption of openness and not one of secrecy,” said Cummings, in a statement.
Given the continued importance of the Freedom of Information Act to journalists and its relevance to holding the federal government accountable, I would urge any readers to find your Representative in Congress and urge him or her to vote for passage of the bill. Improving open government oversight through FOIA reform has been a long time coming, but change should come.
[Image Credit: CREW]