This was perhaps the busiest national "Sunshine Week" in years. Revelations about the mass firing of U.S. attorneys, a hearing on the leak of Valerie Plame Wilson’s CIA identity, and fallout over inadequate VA care - all demonstrated how miserably government performs in the absence of transparency and accountability. So, it’s ironic that last week four bills promising more open government went to a vote in the House almost without notice. The House of Representatives passed all four, snubbing President Bush’ opposition statements.
The bills are (1) the Presidential Records Act Amendments of 2007, (2) the Whistleblower Protection Enhancement Act of 2007, (3) the Presidential Library Donation Reform Act, and (4) the Freedom of Information Act (FOIA) Amendments of 2007.
Bloggers and Daily Kos diarists will want to pay close attention to that last bill; it includes a provision entitling Internet media to a waiver of charges for government records,a perk currently available to traditional news media. (More on this below.) That and other improvements to FOIA will boost the ability of citizen journalists to investigate government agencies and hold officials accountable.
BILL SUMMARIES
The website of the House Committee on Oversight and Government Reform offers these summaries of the four bills.
Freedom of Information Act Amendments of 2007
H.R. 1309, approved by a vote of 308-117, will strengthen the Freedom of Information Act and improve public access to government information. One key element of this legislation would restore the presumption of disclosure under FOIA that was eliminated by the Bush Administration in 2001.
The White House opposition statement is here. (Thanks to FAS/Secrecy News for posting the opposition statements.)
The Presidential Records Act Amendments of 2007
H.R.1255, approved by a vote of 333-93, makes clear that presidential records belong to the American people, not the president who created them. The Presidential Records Act Amendments of 2007 will nullify a Bush executive order which gave former presidents – and their heirs – nearly unlimited authority to withhold or delay the release of their own records. If it becomes law, this legislation will ensure that a complete historical record is available to researchers.
As you no doubt guessed, the White House opposed that too. (FAS)
The Whistleblower Protection Enhancement Act of 2007
H.R. 985, approved by a vote of 331-94, offers improved protections to federal whistleblowers who report wrongdoing to authorities. Federal employees and contractors are privy to information that enables them to play an essential role in ensuring government accountability.
Again, the White House opposed. (FAS)
H.R. 1254: The Presidential Library Donation Reform Act of 2007
H.R. 1254, approved by a vote of 390-34, will require organizations that raise money for presidential libraries to disclose information about their donors. This will eliminate a major loophole that allows presidential supporters to secretly give millions in support of a president’s legacy while that president remains in office.
(If the White House issued a statement on this, I haven't found it.)
DETAILS OF CHANGES TO FOIA
The FOIA Amendments of 2007 make several important changes to the current law that allows citizens and journalists to request records from federal government agencies. As described in the Congressional report accompanying the bill, it would:
• Require time limits for agencies to act upon FOIA requests and not allow fees to be collected that are for requests not completed within time limits;
• Allow greater recovery of attorney fees and litigation costs by FOIA requestors if information is withheld by the government;
• Require agencies to provide status information for FOIA requests;
• Amend the types of information that are exempt from disclosure under FOIA;
• Require federal agencies to prepare additional reports to the Congress concerning FOIA activities;
• Require new reports concerning agencies' FOIA programs from the Government Accountability Office (GAO), the Department of Justice (DOJ), the Office of the Special Counsel (OSC), and the Office of Personnel Management (OPM);
• Establish an Office of Government Information Services to provide policy guidance to federal agencies and review FOIA policies and procedures; and
• Expand FOIA's definition of the news media.
(110th Congress, Report 110-45, posted at FAS.)
FOIA’s EXPANDED DEFINITION OF "NEWS MEDIA"
Existing law allows members of the "news media" to claim exemption from copying and research costs associated with providing requested documents that total more than 200 pages. Where many records are involved, the costs may be prohibitive for the average citizen. The Congressional report estimates the total amount of fees paid annually is approximately $4 million. News media also qualify for expedited processing in certain situations. But, currently, "news media" are assumed to have some association with an institution.
The FOIA Amendments of 2007 would alter that definition, as described here in the plain language of the Congressional report (emphasis added).
This section clarifies that agencies may not deny fee waivers for legitimate journalists solely on the basis of an absence of institutional associations of the requester. Instead, agencies must consider the prior publication history of the requester, including books, articles, newsletters, television and radio broadcasts, and Internet publications.
If the requester has no prior publication history or current affiliation, the agency must consider the requester's stated intent to distribute information to a reasonably broad audience.
This provision is meant to ensure that fee waivers are also available to journalists associated with less traditional media outlets or distribution methods, particularly those that rely on the Internet to reach a broad audience.
Naturally, the White House objected to that.
The Administration strongly opposes expanding the definition of "representative of the news media." The bill would exempt a larger class of requesters from the obligation to pay fees assessed for searching for responsive documents. Expanding the definition would have serious fiscal consequences for the Executive Branch.
Fewer dollars for the illegal war in Iraq?
IMPLICATIONS FOR CITIZEN JOURNALISM
If passed by the Senate, the bill and its provisions would be a terrific gift to bloggers and other citizen journalists, and to all citizens interested in knowing more about day-to-day operations of government. This includes regulatory activities that affect us all, in areas from education to health care to environmental protection.
For years, now, traditional news media have been cutting coverage of government agencies in favor of other stories. With the exception of an occasional high profile story like the Libby case, the workings of government are seldom covered except when the Government Accountability Office issues a report. The amendments would make it practical for citizen journalists to adopt this orphan news beat. Possibly, too, the bill will provide a precedent for changing other laws that currently favor traditional news media over new media.
I don’t know about you, but I’m excited. Along with the passage of expanded whistleblower protections, and Valerie Plame Wilson’s hearing testimony, this has been a pretty incredible Sunshine Week. And, better yet, there’s a Saint Patrick’s day at the end of it all for celebrating. Here’s a green beer to open government!
