Update 6-7-05
Update 6/7/05
Earlier today, Sen. John Cornyn (R-TX) introduced, as separate legislation, the “impact statement” language (Section 8) contained in the earlier OPEN Government Act he filed with Sen. Patrick Leahy (D-Vt). Section 8 requires that any new statutory exemption from the Freedom of Information Act be specifically identified as such within the text of the bill. This will provide a way to “flag” exemption proposals, often buried deep in appropriations bills or other lengthy legislation.
Sen. Cornyn said in introducing the bill that he is unaware of any opposition to the provision and that it should be able to move quickly through the Congress. He said he’d like to have it on the president’s desk for signature by July 4, the 39th anniversary of the signing of the original federal Freedom of Information Act in 1966. As with the OPEN Government Act, which calls for a series of operational FOIA reforms, and the Faster FOIA bill, which provides for the appointment of a commission to recommend FOIA improvements, Sen. Cornyn is joined by Sen. Leahy as co-sponsor of the Section 8 bill.
The goal is clearly to get the Congress to agree on a freedom of information measure this session and to create some momentum for the two other bills. We believe he is still hopeful that Faster FOIA will be voted on later this session, but all indications are that the OPEN Government Act will have a much slower course, and some administration obstacles to clear.
We’ve felt all along that the impact statement was one of the most important sections of the original FOIA reform bill filed by the two senators. If this one is successful, it will be an important step toward more easily identifying and tracking legislation that affects open government.
I’ve attached a copy of Sen. Cornyn’s statement, the Cox News Service story he refers to, in case you haven’t seen it, and the Section 8 bill.
I’ve also attached a copy of a story from CQ on House Intelligence Committee report, filed with the bill last week, that has non-binding language asking the Justice Department to be more aggressive in investigating and prosecuting leaks of classified materials.
That could become an excuse to make things a lot more difficult for reporters covering intelligence agencies – and for their sources.
Pete Weitzel
