WASHINGTON, Dec. 18, 2007
Congress Widens Freedom Of Information Act
Legislation That Would Allow Access To More Government Records Could Be Vetoed
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Photo
Former U.S. Marine Maj. Tom Townsend, returning a folder to its place in his over 20 feet of FOIA files on chemical contamination at Camp Lejeune, N.C., which he believes caused the birth defects that killed his baby son and the cirrhosis that killed his wife of 52 years. (AP)
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Interactive
110th Congress
The balance of power shifts and new leadership takes control as the latest session convenes.
The White House would not say whether President Bush will sign the legislation, which unanimously passed the House by voice vote Tuesday a few days after it sailed through the Senate. Without Bush's signature, the bill would become law during the congressional recess that begins next week.
It would be the first makeover of the FOIA in a decade, among other things bringing nonproprietary information held by government contractors under the law. The legislation also is aimed at reversing an order by former Attorney General John Ashcroft in the wake of the attacks, in which he instructed agencies to lean against releasing information when there was uncertainty about how doing so would affect national security.
"No matter who is the next president, he will have to run a government that is more open than in the past," if the bill becomes law, Judiciary Committee Chairman Patrick Leahy, D-Vt, said on the Senate floor.
A previously passed version was rewritten this month to meet House concerns about how government agencies would pay for attorneys' fees when they lose or settle a FOIA lawsuit. That money will now have to come from other programs within each agency.
Supporting changes in the law were dozens of media outlets, including The Associated Press.
The bill restores a presumption of disclosure standard committing government agencies to releasing requested information unless there is a finding that such disclosure could do harm.
Agencies would be required to meet a 20-day deadline for responding to FOIA requests. Their FOIA offices would have to forward requests for information to the appropriate agency office within 10 days of receiving them.
It they fail to meet the 20-day deadline, agencies would have to refund search and duplication fees for noncommercial requesters. They also would have to explain any redaction by citing the specific exemption under which the blacked-out information qualifies. Nonproprietary information held by government contractors also would be subject to the law.
The legislation also creates a system for the media and public to track the status of their FOIA requests. It establishes a hotline service for all federal agencies to deal with problems and an ombudsman to provide an alternative to litigation in disclosure disputes.
Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., has been working with the Justice Department on the legislation and has said he expects the president to sign it.
But the White House wasn't committing the president to any such action.
Asked whether Bush would sign, veto or ignore the bill, White House spokesman Tony Fratto responded only that the legislation "is certainly an improvement" over previous versions.
There may be a key reason for the non-commitment: Congress is about to recess - but not adjourn - for the year. Under the Constitution, legislation passed by a Congress technically in session that is not signed by the president within 10 days automatically becomes law.
This pocket-veto-in-reverse would give Bush some political cover, allowing the FOIA bill to become law without taking the affirmative step of endorsing it.
The White House, however, wouldn't say if that is Bush's plan.
Senate Majority Leader Harry Reid, D-Nev., is planning to keep the Senate officially in session by holding a brief - often only seconds long - "pro forma" session every four business days over the winter break to prevent Bush from making recess appointments not subject to Senate confirmation.
©MMVII, The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Why aren''t you folks at CBS covering the developing story. This low-down dog has stashed away $250,000 and is advertising donations for legal fees. This is the dirt that people want to read about Chicago''s finest police officer.
The Freedom of Information Act is one of many institutions for which we can thank Ralph Nader.
www.nndb.com/people/788/000023719/
Don''t miss a good documentary on Nader, entitled "An Unreasonable Man", TONIGHT, on your local public broadcast station:
www.pbs.org/independentlens/unreasonableman/
If the bill is worth a *** for the people, he won''t sign it, just to thumb his nose at it.
If he signs it, it must mean there''s some *** tagged on it for his benefit. It sure passed the Senate too fast not to be suspicious...
The Emperor reasons that he cannot fight his wars on "terrrrorism" if he cannot keep secrets from everyone about everything. It also brings into question his role as the "Great Decider" and brings to the forefront the old slogan "Inquiring Minds Want To Know!!!". The Emperor has always felt that knowledge is dangerous (after all, look how smart the Emperor is!) and is power which the citizens of the USSA do not have to have. It could cause those who support him to suddenly think for once!
Provided the legislation does become law, despite the Great Emperor''s anticipated normal veto, the only recourse the Emperor has is to continue to extensively "censure" every document issued (those documents that can be "found", that is!) making whatever is provided totally meaningless by being "blacked out".
SIG HEIL, BUSH!!!
Posted by BareEmperor
Yeah, and it would be a whole lot easier for him if he were the dictator...it''s not too late for martial law.
G.W. Bush in his own words:
"You don''t get everything you want. A dictatorship would be a lot easier." - Governing Magazine, July, 1998
"If this were a dictatorship, it would be a heck of a lot easier; just so long as I''m the dictator." - Washington D.C. December 18, 2000
"A dictatorship would be a heck of a lot easier, there''s no question about it." - Business Week, July 30, 2001
The corporations are fighting to control the internet by controlling the content and flow of information.
We the people payed for the internet, the arrogant elite wish to take charge and control what gets shared.
Amazing, utterly amazing. The Twilight Zone.
Proof the Supreme Court should never appoint a leader.
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Maybe some fresh air and sunlight will blow the stink of the Bush administration into the Joe McCarthy rotten doings trash bin. It always amazes me when these type of sleezes have so little regard for the Constitution and the spirit that our country was built on.
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I think the first thing that should be demanded of the new president and new congress in 2009 is the immediate redrafting and repeal of most of the Patriot Act. I think the congress was badgered (by fear) to pass it shortly after 9/11, thinking is was a time of emergency and that we should err on the side of caution.
Now it is time to redo it and go back to pre-King George edicts.
Probably not.
Posted by Kaelinda
You must have a problem with reading comprehension, or you didn''t read the entire article. The bill has PASSED both houses of Congress!
Posted by libsluvsuvs at 10:17 PM : Dec 18, 2007
+ report abuse
Are there ANY American''s outside the "party" that you do not hate? I''ve never heard you say ONE, not ONE single word that could even be concidered civilized about any of your neighbors and fellow citizens that do not agree with you. You are truly a scary human and I''m afraid a practicing FASCIST! As Sarge would say! Sieg Heil!!
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Posted by gunnerv1 at 07:17 AM : Dec 19, 2007
+ report abuse
Ummm?? Now I know you Nazi''s are taught this almost from birth but MOST intelligent people have caught on to your bigotry LONG ago. You never quoted him right but instead misquoted for your own fascist reasons. Not nice! Sieg Heil Bush!!
it''s that bad! this bush fellow is a real "uniter" and "trust" does not belong anymore to the American political vocabulary - sadly.
Posted by Fornicario
We don''t know how to goosestep. But you all do. Soros playbook *********. My but the indoctrination was quite good! Not an authentic thinking among you.
Amazing.......
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by toolmangler-2009
December 19, 2007 8:53 PM EST
- Bushy_baby will have covered his rear or set up a ''scapegoat'' so he doesn''t have to ''dance to the music''.
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