Faster FOIA Act, S 589 [PDF]

On March 17, 2005, The Senate Committee on the Judiciary unanimously voted to send S 589, to the full Senate without amendment.  The bill would establish a 16-member panel to conduct a study to identify ways to reduce delays by federal agencies in the processing of FOIA requests.

Openness Promotes Effectiveness in our National Government Act, S 394 [PDF]

On March 15, 2005, the Senate Committee on Judiciary's Subcommittee on Terrorism, Technology and Homeland Security held a hearing on S 394, also known as the Open Government Act.  The bill seeks to strengthen the Freedom of Information Act (FOIA), thus improving government transparency and accountability.  Provisions in the bill address long-standing concerns about federal agency practice, the rights of those making FOIA requests, and oversight of agencies responding to FOIA requests.  For example, under S 394, agencies would be required to establish a tracking system for FOIA requests and would be required to respond to a request within 20 days.  With regard to the rights of FOIA requesters, the legislation would improve the ability of requesters to recover legal fees.  Finally, S 394 calls upon agencies to provide additional information on how they respond to FOIA requests.

It is expected that movement on this bill will depend on the results of the study to be conducted under S 589.  Rep. Smith (R-TX and Chair, House Subcommittee on the Courts, the Internet, and Intellectual Property, Committee on Judiciary) introduced a companion bill, HR 867. 

Restore FOIA S 622 [PDF]

On March 15, 2005, Senators Levin (D-MI), Lieberman (D-CT), and Feingold (D-WI) joined Senator Leahy (D-VT), to introduce the “Restoration of Freedom of Information Act of 2005,” S 622.  The legislation would remedy concerns with provisions in the Homeland Security Act of 2002 (HSA) relating to an exemption to FOIA for "critical infrastructure information."  Provisions included in HSA grant a FOIA exemption to those private companies that provide the government with information regarding vulnerabilities in our nation's critical infrastructure (e.g. power plants, ports and more).  The concern is that the FOIA exemption is so great that it effectively shields information from the public. 

S 622 is identical to a compromise proposed and supported in the last session of Congress.  ARL joined in a statement of support for S 622 with close to 50 other public interest groups [PDF].

Freedom of Information Act Amendment, September 2004

The Senate approved a provision in the National Defense Authorization Act for FY 2005 that adds a new exemption under the Freedom of Information Act (FOIA).   The amendment, titled, Section 1024, "Nondisclosure of Certain Products of Commercial Satellite Operations," would prohibit disclosure of any commercial satellite images, products and/or data that are collected by land remote sensing, which includes maps, reports and analysis.   The far-reaching amendment would threaten significant amounts of unclassified data that journalists, public interest groups, researchers and the public use routinely.

On September 10, 2004, ARL and others submitted a letter to both houses [PDF] expressing their concerns with this amendment, including the lack of consultation with communities that will be affected by this amendment.

The measure was in House-Senate conference as an amendment under HR 4200 as of September 15, 2004. See related activity.

HR 3630 Congressional Research Accessibility Act, November 2003 [PDF]

HR 3630 was introduced after the discontinuation of the "Index of Congressional Research Service Reports" in fall of 2003. The Congressional Research Accessibility Act requires the Director of the Congressional Research Service (CRS) to make available through a centralized electronic database, for purposes of access by the public through the websites maintained by Members and committees of the House of Representatives, the following information: (1) CRS issue briefs; (2) CRS reports that are available to Members of Congress through the CRS website; and (3) CRS authorization of appropriations products and appropriations products. Excludes any information that is either confidential or the product of an individual, office, or committee research request. Referred to the House Committee on House Administration, introduced by Rep. Christopher Shays November 21, 2003.

Homeland Security Procedure, August 2003

In August of 2003, ARL joined with 75 organizations representing journalists, scientists, librarians, environmental groups, privacy advocates, and others in a letter to Homeland Security Secretary Tom Ridge. The letter called on the Department of Homeland Security to "give the public an opportunity to comment on procedures that are being developed that may restrict the public dissemination of 'homeland security information,' including information that is 'sensitive but unclassified.'"

According to the letter, "the public's ability to remain informed of and participate in the decision-making of government is fundamental to the democratic process." The letter calls upon Secretary Ridge to clarify the definition of "Homeland Security Information." The new procedures could affect many people not suspected of illegal activities by prohibiting "public disclosure of information subject to agreements between the government and those receiving 'sensitive but unclassified' information."

Restoration of Freedom of Information Act of 2003, June 2003

On June 23, 2003, Rep. Barney Frank (D-MA) introduced the Restoration of Freedom of Information Act of 2003 (HR 2526) in the House of Representatives. Patrick Leahy (D-VT) introduced the companion bill in the Senate (S 609) in March. The legislation would address concerns with provisions in the Homeland Security Act (HSA) which would limit public access to important health and safety information. According to the bill's summary, the legislation would "prohibit a record pertaining to the vulnerability of and threats to critical infrastructure that is furnished voluntarily to the Department of Homeland Security from being made available to the public under the Freedom of Information Act if (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider as confidential and not customarily made available to the public. [The bill] allows a provider to withdraw the confidential designation of a record at any time." Currently the Homeland Security Act (HSA) requires that the government not disclose information disclosed by companies about their potential vulnerabilities to terrorism. HR 2526 would also restore legal protections for corporate whistleblowers and would eliminate the provision in the HSA which prevents the government from acting upon information acquired from corporations who "voluntarily disclose" information.

Electronic Government Act of 2002, December 2002

President Bush signed the Electronic Government Act on December 17, 2002. Please visit the American Library Association's Web site for more information on this legislation.

See also Statement on E-Government Act by Sharon A. Hogan, University Librarian, University of Illinois, before the Senate Committee on Governmental Affairs, on behalf of the ALA, AALL, and ARL, July 2001 [PDF].

Homeland Security Act of 2002, November 02

After the events of September 11, 2001, Congress passed the Homeland Security Act of 2002. In addition to creating the Department of Homeland Security (DHS), the law contains two provisions that could exempt information from public access. Both the Critical Infrastructure Information (CII) and Sensitive But Unclassified (SBU) provisions undermine corporate and government accountability and threaten community right-to-know by hiding information from the public about infrastructure vulnerabilities or any other "sensitive" information.

ARL signed a statement of support to fix the vague FOIA exemption and restrictions on government use of information in the Critical Infrastructure Information Subtitle of the Homeland Security Act.