Cornyn Continuing Quest To Strengthen FOIA Power
A little sunshine in the spring is always welcome. And, so is the latest effort by open government advocate Sen. John Cornyn. The Texas Republican, along with Democratic Sen. Patrick Leahy of Vermont, has introduced a new bill to strengthen the nation’s important Freedom of Information Act (FOIA).
The introduction of the bill coincides with Sunshine Week, a national project highlighting the importance of open government and access to information.
“Open government is a prerequisite for a free society,” Cornyn contends. “As our Founding Fathers recognized, a truly democratic system depends on an informed citizenry. Accountability is only an empty promise without transparency.”
The OPEN FOIA Act of 2008 would require Congress to clearly state its intentions when it makes exceptions to the FOIA in new legislative proposals.
The introduction of the bill coincides with Sunshine Week, a national project highlighting the importance of open government and access to information.
“Open government is a prerequisite for a free society,” Cornyn contends. “As our Founding Fathers recognized, a truly democratic system depends on an informed citizenry. Accountability is only an empty promise without transparency.”
The OPEN FOIA Act of 2008 would require Congress to clearly state its intentions when it makes exceptions to the FOIA in new legislative proposals.
“The Act contains important congressional findings reinforcing the view that the Freedom of Information Act establishes a presumption of openness, and that our government is based not on the need to know, but upon the fundamental right to know,” Cornyn notes.
The act follows the pair’s OPEN Government Act, passed last year and signed into law by President Bush in December.
That legislation made significant reforms: It imposed real consequences for federal agencies that miss the FOIA’s 20-day deadline, clarified that FOIA applies to government records held by private contractors, established an FOIA hotline service for all federal agencies, and created an FOIA ombudsman, as an alternative to costly litigation.
The act follows the pair’s OPEN Government Act, passed last year and signed into law by President Bush in December.
That legislation made significant reforms: It imposed real consequences for federal agencies that miss the FOIA’s 20-day deadline, clarified that FOIA applies to government records held by private contractors, established an FOIA hotline service for all federal agencies, and created an FOIA ombudsman, as an alternative to costly litigation.
“It was encouraging to see Congress take major steps recently to expand the American people’s right to government information,” Sen. Cornyn says. “This latest bill is an effort to further enhance government transparency and accountability.”
The exemptions to FOIA addressed in the OPEN FOIA Act, known as (b)(3) statutory exemptions, are typically buried in complex and lengthy legislative proposals, making it difficult for the public to determine whether access to information is subject to FOIA.
The OPEN FOIA Act would provide more transparency when Congress includes such exemptions in legislation.
The exemptions to FOIA addressed in the OPEN FOIA Act, known as (b)(3) statutory exemptions, are typically buried in complex and lengthy legislative proposals, making it difficult for the public to determine whether access to information is subject to FOIA.
The OPEN FOIA Act would provide more transparency when Congress includes such exemptions in legislation.
“This Congress has signaled its support for strengthening the Freedom of Information Act,” Sen. Leahy says. “Sen. Cornyn and I have worked together for years to restore openness and transparency to a government that has become increasingly secretive. While some government information needs to be kept secret, we cannot allow the government to hide behind the veil of secrecy and curb the public’s right to know, just to avoid accountability. Our new legislation will take steps to make clear those exemptions to FOIA, and this is a fitting start to Sunshine Week.”
At the state level, 2007 saw the passage of a significant amendment to the Texas Constitution. Proposition 11, which passed with a whopping 85-15 percent of the vote in November, requires legislators to record their final votes on bills.
At the state level, 2007 saw the passage of a significant amendment to the Texas Constitution. Proposition 11, which passed with a whopping 85-15 percent of the vote in November, requires legislators to record their final votes on bills.
“Accountability is the core value of our representative democracy, and recorded votes will allow us to check up on our representatives. We’ll be able to make sure that what they do in Austin is what they promised us back home,” says Wanda Garner Cash, past president of the Freedom of Information Foundation of Texas.
Both the Texas House and Senate were already recording final votes — but that was by rule, not by law. The constitutional amendment strengthens the requirement.
News organizations, schools, nonprofit groups and others have celebrated Sunshine Week since 2005.
Both the Texas House and Senate were already recording final votes — but that was by rule, not by law. The constitutional amendment strengthens the requirement.
News organizations, schools, nonprofit groups and others have celebrated Sunshine Week since 2005.
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