Sens. Chuck Grassley (R-Iowa), Dianne Feinstein (D-California) and Peter Welch (D-Vermont) have introduced legislation to try to improve the public’s access to information and ability to hold the federal bureaucracy accountable.
The Open and Responsive Government Act aims to restore an appropriate legal interpretation of the Freedom of Information Act (FOIA) Exemption 4 on confidential commercial information.
The bill also reinforces the law’s presumptions of openness and transparency by underscoring any information outside of the scope of FOIA’s nine exemptions should be publicly available.
Federal agencies have come to thumb their nose at providing public records to Congress, the media and the public, violating FOIA law on a regular basis without punishment.
“Transparency is the most fundamental oversight check on the government. Americans shouldn’t be in the dark when it comes to federal operations, and our legislation would shed more sunlight where we need it. This straightforward bill promotes transparency, particularly in response to new regulations and court rulings, and clarifies Congress’ intent in creating the FOIA – that the people have a right to know.”
Sen. Chuck Grassley, (R-Iowa)
“Government works for the people so Americans have a right to know what it’s doing on their behalf. Our bill will improve transparency by eliminating unnecessary justifications for withholding information from the public.”
Sen. Dianne Feinstein, (D-California)
Sen. Grassley first introduced the Open and Responsive Government Act in 2019 following the Supreme Court decision in Food Marketing Institute v. Argus Leader Media. For decades, FOIA Exemption 4, the “National Parks” standard, only allowed the government to withhold information from the public as “confidential” if its disclosure would cause “substantial competitive harm” to the providing party.
However, the Supreme Court ruled such an interpretation was inconsistent with the text and structure of the law. This has made it more difficult for the media and the American people to learn about government programs and hold administrators responsible.
The Open and Responsive Government Act rectifies this by updating FOIA Exemption 4 to include stronger accountability language.
The legislation also codifies the U.S. Court of Appeals for the District of Columbia holding in American Immigration Lawyers Association v. Executive Office for Immigration Review, as the case explicitly recognized FOIA’s nine exemptions as the only authorities under which agencies can redact information from otherwise responsive records.
In addition to addressing various judicial branch actions, the Open and Responsive Government Act better defines regulatory guardrails for executive agencies.
For example, an Environmental Protection Agency (EPA) proposal under FOIA would make the record request process more cumbersome for individuals and weaken requirements of the EPA to fulfill the requests it receives.
Consistent with the congressional intent of FOIA, the senators’ bill would ensure transparency and accountability are at the forefront of regulatory changes like these.
The Open and Responsive Government Act is among many longstanding efforts by Grassley to bolster federal transparency, accountability and oversight.
Most recently, Grassley reintroduced a bill last month to end the practice of establishing red tape without sufficient public notice or participation.
Text of the Open and Responsive Government Act is available here.
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More laws that won't be enforced isn't the answer to current laws that aren't being enforced. The violators of FOIA laws need to be held accountable both personally and professionally.
Individuals go to jail, institutions lose part of their funding for every violation and/or every day they violate FOIA laws.
Exactly. The solution for bureaucratic B.S. cannot be more bureaucracy! (But that is the only knob these people think to turn.)
I am trying to understand where this enforces accountability. I see nothing of being punished for not following protocol for an FOIA request. Frankly, this is nothing more than adding laws without enforcement.
I agree with Tammy about how to hold these agencies accountable by jail time or lose funding. The problem is that we have no one wanting to hold anyone accountable. Perhaps because they all have issues they do not want coming out to the public.
The sad reality is that --- humans being what they are, and sneaky political operatives being what THEY are --- the more the law mandates public access to documents, records, and correspondence, the more effort will go into government officials actively HIDING documents, records, and correpondence --- unless and until the punishment for hiding such information is substantial and reasonably quick.
This is HILARIOUS! After years and years of the leftist deep state’s complete adversary to FOIA, they suddenly have an epiphany on the importance of openness and transparency on FOIA?!? GTFOH! They see the writing on the wall of who’ is getting ready to be in charge….
Well, I have a easier fix, and if I knew how to start a grassroots campaign, I would - but here's the fix -
Repeal the 17A - While this doesn't speak specifically to FOIA, it does give back control of States over the federal government -
Senators, before the 17A passed were appointed by the State's Governor. Being appointments are discretionary, I'm not suggesting it go back exactly as before. There would need to be checks and balances, along with due process. The difference is that if we go back to appointing senators, this tool will give States control and oversight again of the federal government - Which is what it was designed to do -
Should a Senator not "act" in the best interest of the State, the Gov. can pull them back, and if they don't do it, then 2/3 of the State Congress can -
How many of these Judges would have been confirmed under that platform? What about Obamacare, or TTP/TPA, where many Senators went against their own State's will of the people?
We don't need new FOIA laws, or regulations, they don't follow the ones we have in place now - But .., we do need to get control of the Federal Government at the State level - Passing the 17A created the most damage to a REPUBLIC and we need to get it back
Well, I have a easier fix, and if I knew how to start a grassroots campaign, I would - but here's the fix -
Repeal the 17A - While this doesn't speak specifically to FOIA, it does give back control of States over the federal government -
Senators, before the 17A passed were appointed by the State's Governor. Being appointments are discretionary, I'm not suggesting it go back exactly as before. There would need to be checks and balances, along with due process. The difference is that if we go back to appointing senators, this tool will give States control and oversight again of the federal government - Which is what it was designed to do -
Should a Senator not "act" in the best interest of the State, the Gov. can pull them back, and if they don't do it, then 2/3 of the State Congress can -
How many of these Judges would have been confirmed under that platform? What about Obamacare, or TTP/TPA, where many Senators went against their own State's will of the people?
We don't need new FOIA laws, or regulations, they don't follow the ones we have in place now - But .., we do need to get control of the Federal Government at the State level - Passing the 17A created the most damage to a REPUBLIC and we need to get it back
Michael.
You would tie the career of the senate to the whims of the state legislature instead of the DC political parties? That’ll never happen. The pigs are too invested in the trouth to let silly state commissions to determine who is a senator.
A witness in the Robert Hannssen case speculated that the temptation to "touch the hot stove" was a factor in Hanssen's treachery. I beleive less than 1% of the US population know what FOIA even means. Our jobs as citizens is to create an environment inside the USA where no one will desire to commit crimes or touch hot stoves. As we prepare for major war, and consider how and when we spy on each other in our dirty little civil war that rages on, the words of General Lee come to mind. "It is well that war is so terrible, that we should become too fond of it."
FOIA is at best a joke, Between “Redactions for national security “ and outright censorship for the same, there’s no reason to believe that the DOJ will ever let anything out in the public domain. This is all smoke and mirrors to calm the sheep.