Sen. Cornyn Expects Fight Over FOIA Reforms
By LISA FALKENBERG
Associated Press Writer
DALLAS (AP) _ U.S. Sen. John Cornyn offered a sunny forecast for legislation to study the federal Freedom of Information Act, but he said Wednesday that actual reforms, such as penalties for noncompliance and creating an intermediary between government and those seeking access, are headed for a storm.
"I think we're going to have a bigger fight on our hands," the former Texas attorney general said in speech to the Press Club of Dallas.
Cornyn, a Republican, said he and co-sponsor Patrick Leahy, D-Vt. have broad support for their bill to create a 16-member panel that would recommend ways to speed information requests. The bill passed committee March 17 and was sent to the Senate floor for debate.
But Cornyn said his colleagues haven't been so accepting of legislation he sponsored with Leahy that puts teeth in the 1966 act.
"I don't want to trash my own bill," Cornyn told The Associated Press, but he added, "I think that's going to take a little more time, I honestly do."
The bill would create an ombudsman to settle records disputes, which are currently resolved in court, with the Justice Department defending the agencies.
It would also require agencies to give people seeking documents a tracking number within 10 days and to set up telephone or Internet systems allowing them to learn the status and estimated completion date. Agencies that didn't respond within 20 days would lose many of the exemptions to FOIA requests. And they could be forced to pay attorney fees for the requester.
There are currently no penalties for agencies that fail to respond in 20 days.
Cornyn said some of his colleagues in Washington have questioned why he wants to "help the press" and make it easier for reporters to air government's dirty laundry. He said that federal agencies generally don't respond to FOIA requests with the presumption of openness, but rather, with an attitude of "come and get it."
"What I've encountered is just sort of a deep skepticism about the issue," said Cornyn, who helped strengthen Texas' open government law as attorney general "Everybody's happy to talk about their triumphs. But no one wants to talk about their shortcomings or failures and even more, they'd just prefer to keep them secret if they can."
The Republican said he's trying to educate his colleagues on the virtues of open government and convince them that it not only benefits the press, but also citizens who require access to information to hold government accountable.
Paul Watler, past president of the Freedom of Information Foundation of Texas and a First Amendment attorney in Dallas, commended Cornyn for trying to shine light on a dark corner of federal government that he says is long overdue for reform.
"The federal Freedom of Information Act effectively prevents information from being disclosed to members of the public or news media, in many cases until long after it's lost its timely value," Watler said. "Senator Cornyn is trying to change the way Washington works, which is always a difficult proposition."
Cornyn acknowledged that members of Congress would not be subject to his proposed FOIA reforms, but he said that exemption was necessary to give the bill a better chance of passing.
"We hope to get a good start on this bill and not kill it in the cradle," he said.
Cornyn said that even if the reform bill doesn't get support, creating the advisory panel is a good place to start.
"This may sound like baby steps, and it is in many ways," he said. "But I've found in Washington we may need to start with baby steps."
AP-WS-03-30-05 1740EST