ALAWON: American Library Association Washington Office Newsline Volume 14, Number 28 March 22, 2005 In This Issue: Your Action is requested for three bills that would ensure access to government information. Please select at least one of the issues listed below and contact your members of Congress today to ask them to support libraries by co-sponsoring the "FASTER FOIA" Act (S. 589), "OPEN Government Act" (S. 394), or "Restore FOIA Act"(S. 622): "FASTER FOIA" Act (S. 589) Call or write your Senators about the "Faster FOIA" Act of 2005 (S. 589) and ask them to support/co-sponsor the Faster FOIA Act. The Faster FOIA Act would establish a 16-member Commission on Freedom of Information Act Processing Delays, or the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the `Freedom of Information Act'). It is very non-controversial, has bi-partisan support, and would help to identify solutions for some of the problems with the Freedom of Information Act that lessen its effectiveness as a tool for open and accountable government. Of the 16 Commissioners, 3 commissioners each would be appointed by Chair and the Ranking Member of the Senate Judiciary Committee, and 3 each by the Chair and Ranking Member of the House Committee on Government Reform. Among the interesting provisions of the bill, it requires that, for each group of 3: (A) at least 1 shall have experience in submitting requests under section 552 of title 5, United States Code, to Federal agencies, such as on behalf of nonprofit research or educational organizations or news media organizations; and (B) at least 1 shall have experience in academic research in the fields of library science, information management, or public access to Government information. It is rare that these representatives of the public are participate directly on government Commissions. FOIA is an important tool for the public to obtain information about the activities of the U.S. government and to hold it accountable. This bill and the OPEN Government Act (S. 389) would help to make the FOIA a more effective tool. OPEN Government Act (S. 394) Contact your Senators and ask them to support/co-sponsor the "Openness Promotes Effectiveness in our National (OPEN) Government Act of 2005" (S. 394). It is an important step toward strengthening FOIA and accountability and doubly important because it has bi-partisanship sponsorship. A companion bill, HR 867, has been filed by Rep. Lamar Smith, R-TX. The OPEN Government Act contains more than a dozen substantive provisions, including ones that would: STRENGTHEN FOIA AND CLOSE LOOPHOLES by * Ensuring that FOIA applies when agency recordkeeping functions are outsourced; * Establishing a new open government impact statement, by requiring that any future Congressional attempt to create a new FOIA exemption be expressly stated within the text of the legislation; * Imposing annual reporting requirement on usage of the DHS disclosure exemption for critical infrastructure information; * Protecting access to FOIA fee waivers for legitimate journalists, regardless of institutional association - including bloggers and other Internet-based journalists; and * Providing reliable reporting of FOIA performance, by requiring agencies to distinguish between first person requests for personal information and other kinds of requests HELP FOIA REQUESTORS OBTAIN TIMELY RESPONSES by: * Establishing FOIA hotline services, either by telephone or on the Internet, to enable requestors to track the status of their requests; and * Creating a new FOIA ombudsman, located at the Administrative Conference of the United States, to review agency FOIA compliance and provide alternatives to litigation ENSURE THAT AGENCIES HAVE STRONG INCENTIVES TO ACT ON FOIA REQUESTS IN TIMELY FASHION by * Imposing real consequences on federal agencies for missing statutory deadlines; and * Enhancing the authority of the Office of Special Counsel to take disciplinary action against government officials who arbitrarily and capriciously deny disclosure under FOIA. PROVIDE FOIA OFFICIALS WITH THE TOOLS THEY NEED TO ENSURE THAT OUR GOVERNMENT REMAINS OPEN AND ACCESSIBLE by * Improving personnel policies for FOIA officials to enhance agency FOIA performance; * Examining the need for FOIA awareness training for federal employees -- not just FOIA officers; and * Determining appropriate funding levels needed to ensure agency FOIA compliance. "Restore FOIA Act" (S. 622) Contact your Senators to ask them to support the "Restore FOI Act." The Act restores the accountability of the government for records submitted to it by the private sector about the risks and vulnerabilities of privately-held "critical infrastructure". It does this by: * Clarifying that the exemption from FOIA applies only to certain submitted records - not "information" (a much broader, and not statutorily-defined, term); * Preserving whistleblower protections by removing unnecessary criminal penalties; * Removing civil immunity for companies that voluntarily submit information, and allowing information to be used directly in civil suits by government or private parties; * Requiring the Department of Homeland Security to report back to Congress about how the provisions have worked, so that Congress can evaluate whether adjustments to the law are needed; and * Not restricting congressional use or disclosure of voluntarily-submitted critical infrastructure information. The bill removes restrictions on the government's ability to act in response to the information it receives, by * Allowing for federal government oversight, including the ability to use and share the records within and between agencies; * Allowing local authorities to apply their own sunshine laws; * Not preempting any state or local disclosure laws for information obtained outside the Department of Homeland Security; and * Not restricting the use of such information by state agencies. For more information about these and other legislative issues visit the ALA website at . Contact your members of Congress using ALA's Legislative Action Center at ****** ALAWON (ISSN 1069-7799) is a free, irregular publication of the American Library Association Washington Office. All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. 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