Alert 2/8/05
Alert 2/8/2005
Here are two very important FOIA items for immediate attention and a quick response:
The 1st is the final draft of an FOIA reform bill that Sen. John Cornyn, R-Tex, will file, probably next week. His office, which has worked closely with the FOIA requester community, is asking for letters of support, if possible by Friday of this week. I previously circulated a draft and an outline of the FOIA issues the bill seeks to resolve. I’ve attached a new draft, version 3, of the bill and the issues outline that serves as a statement of the sponsor’s intent.
There are two changes in the bill based on the comments we filed. The first inserts language into the initial findings (page 2) quoting an opinion by Justice Black on the functioning of a free government. This serves to strengthen the statement of legislative purpose.
The second broadens the definition of the news media (Section 3) to direct that FOIA officers in determining whether to grant a fee waiver consider not just employment or prior publication but “the requestor’s stated intent.”
A number of suggestions we made in both of the drafting rounds, suggestions we believed would have strengthened the bill, did not get included. Nonetheless, there is very, very much to like in this bill, and nothing I see to dislike. If adopted by Congress, it will do many things to improve the FOIA process in each of the departments and agencies. And its findings and its passage should sent a message to the Justice Department that the Congress believes there that the federal government should function on a presumption of openness.
Some of you may wish to send individual letters of support; something that is being encouraged by Sen. Cornyn’s office. ASNE has already decided to do that.
For others, I will be drafting a letter on behalf of CJOG and any member organization that wishes to be included. It will express general support for the bill, some of the specific provisions, and his efforts to make FOIA more effective.
Please let me know by mid-day Friday if you wish to sign on the CJOG letter, or if you plan to send a separate letter.
The 2nd is a letter in support of the FOIA fee waiver request submitted by The People For the American Way Foundation, which has been given an advance bill of $373,000 – the search fee Justice wants to produce records on requests by the federal government to seal court files in cases involving the detention and deportation of immigrant detainees. Justice came up with the $373,000 bill after delaying PFAWF for a year.
In the letter, we note that the request falls within the public interest definition. We also point out, without supporting the opinions, that several courts have granted “news media” exemptions to similar advocacy groups that planned to disseminate the information.
There’s an important open government, make FOIA work issue at work here, too.
I would encourage all of you to join in supporting the bill and the FOIA fee waiver request. Both would be important steps forward in our fight for open government.
Pete Weitzel
