Reforming FOIA - the OPEN Government Act
By krempasky Posted in User Blogs — Comments (0) / Email this page » / Leave a comment »
"BUT WE'VE ALSO SEEN IN RECENT YEARS THE EXPANSION OF OTHER OUTLETS FOR SHARING INFORMATION OUTSIDE THE MAINSTREAM MEDIA, TO ONLINE COMMUNITIES, DISCUSSION GROUPS AND BLOGS."
Today, for the first time in history, the word "blogs" was said on the floor of the Unites States Senate.
And the context gets even better when you look at the legislation in question - the OPEN Government Act, as introduced by Texas Senator John Cornyn and some other guy from Vermont. The first significant reforms of FOIA in more than a decade are particularly designed to be internet and blogger friendly. More details at Cornyn's website, including this tidbit:
http://cornyn.senate.gov/record.cfm?id=232173
Protect access to FOIA fee waivers for legitimate journalists, regardless of institutional association - including bloggers and other Internet-based journalists
Oh, yeah. The rush transcript of Cornyn's remarks is below.
MR. CORNYN: THANK YOU, MR. PRESIDENT. MR. PRESIDENT, I RISE TODAY TO INTRODUCE A BILL ALONG WITH THE SENATOR FROM VERMONT, WHO WE WILL HEAR FROM SHORTLY, THAT WILL HELP ENHANCE THE OPENNESS OF THE FEDERAL GOVERNMENT. THIS BILL IS CALLED THE OPEN GOVERNMENT ACT OF 2005, AND IT IS A BIPARTISAN EFFORT TO IMPROVE AND UPDATE OUR PUBLIC INFORMATION LAWS, PARTICULARLY THE FREEDOM OF INFORMATION ACT.
THE PURPOSE IS TO ARM THE AMERICAN PEOPLE WITH THE INFORMATION THAT THEY NEED TO MAKE CERTAIN THAT OURS REMAINS A GOVERNMENT WHOSE LEGITIMACY IS DERIVED FROM THE CONSENT OF THE GOVERNED. THIS LEGISLATION WILL SIGNIFICANTLY EXPAND THE ACCESSIBILITY, ACCOUNTABILITY AND OPENNESS OF THE FEDERAL GOVERNMENT.
OPEN GOVERNMENT, OF COURSE, IS ONE OF THE MOST BASIC REQUIREMENTS OF A HEALTHY DEMOCRACY. IT ALLOWS TAXPAYERS TO SEE WHERE THEIR MONEY IS GOING. IT PERMITS THE HONEST EXCHANGE OF INFORMATION THAT INSURES GOVERNMENT ACCOUNTABILITY AND IT UPHOLDS THE IDEAL THAT GOVERNMENT NEVER RULES WITHOUT CONSENT OF THE GOVERNED.
AS IS SO OFTEN THE CASE, ABRAHAM LINCOLN SAID IT BEST. HE SAID "NO MAN IS GOOD ENOUGH TO GOVERN ANOTHER WITHOUT THAT PERSON'S CONSENT." BUT ACHIEVING THE TRUE CONSENT OF THE GOVERNMENT REQUIRES SOMETHING MORE THAN JUST HOLDING ELECTIONS EVERY COUPLE OF YEARS. WHAT WE NEED IS INFORMED CONSENT. AND INFORMED CONSENT IS IMPOSSIBLE WITHOUT OPEN AND ACCESSIBLE GOVERNMENT.
IT'S BEEN NEARLY A DECADE SINCE CONGRESS HAS APPROVED MAJOR REFORMS TO THE FREEDOM OF INFORMATION ACT. THE SENATE JUDICIARY COMMITTEE HAS NOT CONVENED AN OVERSIGHT HEARING TO EXAMINE THE FREEDOM OF INFORMATION ACT COMPLIANCE ISSUES SINCE 1992, AND AT THIS TIME, I BELIEVE IT'S CLEAR THAT THE GROWTH OF TECHNOLOGY AND THE INTERNET HAS CREATED A REAL DESIRE AMONG THE AMERICAN PEOPLE TO ACHIEVE DIRECT, EFFICIENT, AND OPEN ACCESS TO GOVERNMENT INFORMATION.
I WANT TO THANK MY COLLEAGUE FROM VERMONT, THE RANKING MEMBER OF THE JUDICIARY COMMITTEE WHO HAS LONG BEEN A CHAMPION OF THESE ISSUES FOR HIS HARD WORK ON THIS BILL. AND TOGETHER OUR OFFICES HAVE SPENT A GREAT DEAL OF TIME MEETING WITH OPEN GOVERNMENT ADVOCATES. I'M PROUD TO SAY THAT THIS BILL IS SUPPORTED BY A BROAD COALITION ACROSS THE IDEOLOGICAL SPECTRUM - BECAUSE I BELIEVE THAT THIS LEGISLATION SHOULD NOT BE A PARTISAN OR SPECIAL INTEREST BILL, INDEED, IT IS NOT.
I WOULD ASK UNANIMOUS CONSENT THAT THESE ENDORSEMENT LETTERS FROM DOZENS OF WATCH DOG GROUPS FROM ACROSS THE POLITICAL SPECTRUM BE ENTERED INTO THE RECORD AT THE CLOSE OF MY REMARKS.
AS THE SENATOR FROM VERMONT SAID AT A RECENT JUDICIARY COMMITTEE HEARING, HE SAID, "I HAVE ALWAYS FOUND THAT EVERY ADMINISTRATION REPUBLICAN OR DEMOCRAT WOULD LOVE TO KEEP A WHOLE LOT OF THINGS FROM THE PUBLIC. THEY DO SOMETHING THEY ARE PROUD OF AND THEY'LL SEND OUT 100 PRESS RELEASES, OTHERWISE, THEY'LL HOLD IT BACK. WE HAVE THE FREEDOM OF INFORMATION ACT WHICH IS A VERY GOOD THING. IT KEEPS BOTH DEMOCRATIC AND REPUBLICAN ADMINISTRATIONS IN LINE."
I AGREE WITH THAT AND I WOULD SAY THAT ESSENTIALLY WHAT WE'RE TALKING ABOUT IS HUMAN NATURE. IT'S ONLY NATURAL THAT ELECTED OFFICIALS AND GOVERNMENT LEADERS WANT RECOGNITION FOR THEIR SUCCESSES BUT NOT THEIR FAILURES. BUT WE AS A HEALTHY DEMOCRACY NEED TO KNOW THE GOOD, THE BAD, AND THE UGLY.
THE NEWS MEDIA, OF COURSE, IS THE MAIN WAY THAT PEOPLE GET INFORMATION ABOUT GOVERNMENT. THE MEDIA PUSHES GOVERNMENT ENTITIES AND ELECTED OFFICIALS, BUREAUCRATS AND AGENCIES TO RELEASE INFORMATION THE PEOPLE HAVE THE RIGHT TO KNOW. OCCASIONALLY EXPOSING WASTE, FRAUD, AND ABUSE, AND HOPEFULLY MORE OFTEN THAN THAT, LETTING THE AMERICAN PEOPLE KNOW WHAT A GOOD JOB THEIR PUBLIC OFFICIALS ARE DOING.
BUT WE'VE ALSO SEEN IN RECENT YEARS THE EXPANSION OF OTHER OUTLETS FOR SHARING INFORMATION OUTSIDE THE MAINSTREAM MEDIA, TO ONLINE COMMUNITIES, DISCUSSION GROUPS AND BLOGS.
I BELIEVE ALL THESE OUTLETS ARE -- CAN AND DO CONTRIBUTE TO THE HEALTH OF OUR POLITICAL DEMOCRACY. BUT LET ME MAKE THIS CLEAR, MR. PRESIDENT, THIS IS NOT JUST A BILL FOR THE MEDIA, LEST ANYBODY BE CONFUSED. THIS IS A BILL THAT WILL BENEFIT EVERY MAN, WOMAN AND CHILD IN THE UNITED STATES OF AMERICA WHO CARES ABOUT THE FEDERAL GOVERNMENT, CARES ABOUT HOW THE FEDERAL GOVERNMENT OPERATES, AND ULTIMATELY CARES ABOUT THE SUCCESS OF THIS GREAT DEMOCRACY.
BY REFORMING OUR INFORMATION POLICIES IN ORDER TO GUARANTEE TRUE ACCESS BY ALL CITIZENS TO GOVERNMENT RECORDS, WE WILL REVITALIZE THE INFORMED CONSENT THAT KEEPS AMERICA FREE.
THE OPEN GOVERNMENT ACT CONTAINS OVER A DOZEN SUBSTANTIVE PROVISIONS DESIGNED TO ACHIEVE THE FOLLOWING FOUR OBJECTIVES: FIRST, IT WILL STRENGTHEN THE FREEDOM OF INFORMATION ACT AND CLOSE LOOPHOLES.
SECONDLY, IT WILL HELP FREEDOM OF ACT REQUESTERS OBTAIN TIMELY RESPONSES TO THEIR REQUESTS. THIRD, IT WILL ENSURE THAT AGENCIES HAVE STRONG INCENTIVES TO COMPLY WITH THE LAW IN A TIMELY FASHION. AND FOURTH, IT WILL PROVIDE FREEDOM OF INFORMATION ACT OFFICIALS, THAT IS PEOPLE WITHIN GOVERNMENT AGENCIES, ALL OF THE TOOLS, INCLUDING THE EDUCATION THEY NEED IN ORDER TO ENSURE OUR GOVERNMENT REMAINS OPEN AND ACCESSIBLE.THIS LEGISLATION IS NOT JUST PRO-OPENNESS, PRO-ACCOUNTABILITY AND PRO-ACCESSIBILITY, IT'S ALSO PRO-INTERNET. IT CONTAINS IMPORTANT CONGRESSIONAL FINDINGS TO REITERATE THE PRESUMPTION OF OPENNESS. IT INCLUDES PROVISION FOR A HOTLINE THAT ENABLES CITIZENS TO TRACK THE REQUESTS AND EVEN ALLOWS TRACKING OF THOSE REQUESTS VIA THE INTERNET.
AS A WHOLE THE OPEN GOVERNMENT ACT REITERATES THE PRINCIPLE THAT OUR GOVERNMENT IS BASED NOT ON THE NEED TO KNOW BUT RATHER ON THE RIGHT TO KNOW.WE ALL RECOGNIZE, MR. PRESIDENT, THAT AMERICA'S SECURITIES SHOULD NEVER TAKE A BACK SEAT BUT NOR SHOULD THE CLAIM WITHOUT JUSTIFICATION OF NATIONAL SECURITY BE USED AS A BARRIER AGAINST ALLOWING TAXPAYERS KNOWING HOW THEIR MONEY IS BEING SPENT THERE IS A BROAD CONSENSUS ACROSS THE AISLE, ACROSS THE POLITICAL SPECTRUM THAT WE CURRENTLY OVERCLASSIFY GOVERNMENT DOCUMENTS. AND THAT MANY DOCUMENTS MUCH INFORMATION IS PLACED BEYOND THE PUBLIC VIEW WITHOUT ANY REAL JUSTIFICATION. I BELIEVE WE NEED A SYSTEM OF CLASSIFICATION THAT STRIKES THE RIGHT BALANCE BETWEEN THE NEED TO CLASSIFY DOCUMENTS IN THE INTEREST OF OUR NATIONAL SECURITY AND OUR NATIONAL VALUES OF OPEN GOVERNMENT.
MR. PRESIDENT, THE DEFAULT POSITION OF THE UNITED STATES GOVERNMENT MUST BE ONE OF OPENNESS. IF RECORDS CAN BE OPENED, THEY SHOULD BE OPENED. IF THERE'S A GOOD REASON TO KEEP SOMETHING CLOSED, IT IS THE GOVERNMENT THAT SHOULD BEAR THE BURDEN, NOT THE OTHER WAY AROUND.
OPEN GOVERNMENT IS FUNDAMENTALLY AN AMERICAN ISSUE. IT IS LITERALLY NECESSARY TO PRESERVE OUR WAY OF LIFE AS A SELF-GOVERNING PEOPLE.
ENSURING THE ACCESSIBILITY, ACCOUNTABILITY AND OPENNESS OF THE FEDERAL GOVERNMENT IS A CAUSE WORTHY OF PRESERVATION. I CALL ON MY COLLEAGUES TO JOIN THE SENATOR FROM VERMONT AND I TODAY IN TAKING A MEANINGFUL STEP TOWARD THAT GOAL.FINALLY, BEFORE I SIT DOWN AND YIELD THE FLOOR TO THE SENATOR FROM VERMONT, LET ME EXPRESS AGAIN MY APPRECIATION TO HIM AND HIS STAFF. I KNOW THEY HAVE WORKED VERY CLOSELY WITH MY STAFF, HIS STAFF HAS, AND THIS IS A -- ONE OF THOSE GOOD GOVERNMENT INITIATIVES THAT KNOWS NO PARTY AFFILIATION, KNOWS NO IDEOLOGICAL AFFILIATION BUT IS REALLY ONE THAT IS ESSENTIAL TO THE PRESERVATION, AS I SAY, OF OUR WAY OF LIFE AS A SELF-GOVERNING DEMOCRACY.
WITH THAT, MR. PRESIDENT, I YIELD THE FLOOR.
