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THE PROGRESSIVE REVIEW - May 10, 2010

Senate Unanimously Approves Legislation Aimed at Cutting
Down FOIA Delays
by: Jason Leopold
truthout|Report

The Senate unanimously passed a bill Wednesday aimed at
cutting through the bureaucratic red tape that has lead
to long delays and backlogs associated with Freedom of
Information Act (FOIA) requests.

The bipartisan legislation, "The Faster FOIA Act," was
sponsored by Senate Judiciary Charman Patrick Leahy
(D-Vermont) and Sen. John Cornyn (R-Texas), who is also
a member of the committee.

The bill calls for the establishment of an advisory panel
that will review the backlogs and brief Congress and
President Barack Obama on steps that need to be taken
legislatively to reduce the overflow of FOIA requests.

"Senator Cornyn and I believe that agency delays in process-
ing FOIA requests are simply unacceptable, and that is why
we introduced this bill," Leahy said in a statement. "This
bill will establish a bipartisan commission to examine the
root causes of agency FOIA delays and to recommend to the
Congress and the President steps to help eliminate FOIA
backlogs."

In a statement, Cornyn added that the bill "marks an
important benchmark in the effort to open up our federal
government, which Sen. Leahy and I have fought for years
to make more accessible and transparent to the American
people."

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"This bipartisan legislation will add new accountability
measures to FOIA and will be a great benefit to Americans,
who deserve to be treated as valued customers when they
seek answers from their government," Cornyn said.

The bill was introduced in March, during Sunshine Week, an
event that calls attention to transparency in government.
However, Leahy and Cornyn have been working on various
versions of the bill since 2005.

Days after he was sworn into office, Obama signed an
executive order instructing all federal agencies and
departments to "adopt a presumption in favor" of FOIA
requests, and promised to make the federal government
more transparent.

"The government should not keep information confidential
merely because public officials might be embarrassed by
disclosure, because errors and failures might be revealed,
or because of speculative or abstract fears," Obama's
order said. "In responding to requests under the FOIA,
executive branch agencies should act promptly and in a
spirit of cooperation, recognizing that such agencies are
servants of the public."

But the administration has not always lived up to its
promise. Last year, the Obama administration ordered
lawmakers to amend FOIA and grant Defense Secretary Robert
Gates the authority to withhold "protected documents"
that, if released, would endanger the lives of US soldiers
or government employees deployed outside of the country.

The documents at issue were photographs of US soldiers
abusing detainees held in prisons in Iraq and Afghanistan.
The American Civil Liberties Union (ACLU) had won a FOIA
lawsuit it filed against the Bush administration to gain
access to the photos.

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Obama had originally agreed to turn them over to the ACLU
last year, but backtracked on his promise after he was
attacked by Republicans and advised that the photos would
stoke anti-American sentiment in the Middle East.

In fact, according to an Associated Press review of FOIA
reports filed by 17 governmental agencies, legal exemptions
to keep documents under wraps increased in 2009, despite
Obama's pledge.

"...The use of nearly every one of the [FOIA] law's nine
exemptions to withhold information from the public rose
in fiscal year 2009, which ended last October," the AP
reported in March.

"Among the most frequently used exemptions: one that lets
the government hide records that detail its internal
decision-making," the AP noted. "Obama specifically
directed agencies to stop using that exemption so frequent-
ly, but that directive appears to have been widely ignored.

"Major agencies cited that exemption at least 70,779 times
during the 2009 budget year, up from 47,395 times during
President George W. Bush's final full budget year, accord-
ing to annual FOIA reports filed by federal agencies.
Obama was president for nine months in the 2009 period."

The Leahy-Cornyn bill stll needs to be approved by the
House before it is sent to Obama for his signature.

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