[Libs-Or] [Fwd: [ALA-WO:109] Support Access to Government
Information]
Diedre Conkling
diedrec at charter.net
Wed Mar 23 14:39:02 PST 2005
============================================================
From: "ALAWASH E-MAIL" <ALAWASH at alawash.org>
Date: 2005/03/22 Tue PM 12:01:54 PST
To: ALA Washington Office Newsline <ala-wo at ala.org>
Subject: [ALA-WO:109] Support Access to Government Information
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
<http://www.ala.org/ala/washoff/WOissues/civilliberties/privacy/privacyrelated.htm>
. Contact your members of Congress using ALA's Legislative Action
Center at <http://capwiz.com/ala/home/>
******
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ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403,
Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478
toll-free; fax: 202.628.8419; e-mail: alawash at alawash.org; Web site:
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Director; Carrie Lowe, Kathy Mitchell, Carrie Russell. ALAWON Editor:
Bernadette Murphy.
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Diedre Conkling
Lincoln County Library District
P.O. Box 2027, Newport, OR 97365
Phone & Fax: 541-265-3066
http://lcld.library-blogs.net/
Work: diedre at mail.crsn.lib.or.us
Home: diedrec at charter.net
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