Senate Approves Cornyn-Leahy FOIA Reform
Senate Approves Cornyn-Leahy FOIA Reform
Reform bill would ensure that any future legislative FOIA exemption attempts must be done 'in the light of day,' Cornyn says
Friday, June 24, 2005
WASHINGTON-Legislation passed by the U.S. Senate on Friday will bring increased sunshine to the federal legislative process, and was another step toward strengthening the Freedom of Information Act (FOIA), its sponsors say. The reform, authored by U.S. Sen. John Cornyn (R-Texas), creates additional legislative transparency by requiring that any future legislation containing exemptions to requirements be "stated explicitly within the text of the bill." The bill (S. 1181) was the latest in a series of FOIA reform bills filed by Cornyn and U.S. Sen. Patrick Leahy (D-Vt.), an original co-sponsor of the legislation.
"If Congress is to establish a new exemption to FOIA, it should do so in the open and in the light of day, and the unanimous passage of this legislation makes clear that the Senate understands the need for that reform," Cornyn said following the vote. "The default position of our government must be one of openness. If records can be open, they should be open. If good reason exists to keep something closed, it is the government that should bear the burden - not the other way around."
Leahy, a longtime advocate in Congress for open government and a FOIA champion, said: "In passing this bill, the Senate has taken a step toward helping Congress be diligent in reviewing these exemptions to prevent possible abuses. The American people deserve our ongoing diligence in limiting undue exemptions that only serve to clog the plumbing and limit the public's right to know."
Sens. Cornyn and Leahy introduced the Openness Promotes Effectiveness in our National Government Act of 2005 (OPEN Government Act, S. 394) on Feb. 16, and a separate bill on March 10 to establish an advisory Commission on Freedom of Information Act Processing Delays. Other co-sponsors of the OPEN Government Act include Sens. Russell Feingold (D-Wisc.), Lamar Alexander (R-Tenn.), Johnny Isakson (R-Ga.) and Ben Nelson (D-Neb.).
Sen. Cornyn chaired a hearing on March 15 that examined the OPEN Government Act. The last time Congress approved major reforms to FOIA was nearly a decade ago, and the Senate Judiciary Committee had not convened an oversight hearing on compliance issues since 1992. The Senate Homeland Security and Governmental Affairs Committee, which shares jurisdiction over federal government information, has not held a FOIA oversight hearing since 1980.
Cornyn was presented with the James Madison Award in 2001 for his efforts as Texas Attorney General to promote open government by the Freedom of Information Foundation of Texas. Sen. Cornyn served previously as Texas Attorney General, Texas Supreme Court Justice, and Bexar County District Judge.
Leahy sponsored the Electronic Freedom of Information Act Amendments, which updated FOIA for the Internet age, and in 1996 he was installed in the Freedom of Information Act Hall of Fame. Leahy is also the sponsor of the RESTORE FOIA Act, a bill that would restore the biggest single rollback FOIA has suffered in its 39-year history, by clarifying an overly broad provision that allows corporate polluters and others to avoid public disclosure of problems simply by stamping them "critical infrastructure information.
http://cornyn.senate.gov/record.cfm?id=239552&ref=home