Freedom of Information Act Amendments: 110th Congress (CRS Report for Congress)
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| Release Date |
Revised July 21, 2008 |
| Report Number |
RL32780 |
| Report Type |
Report |
| Authors |
Harold C. Relyea, Government and Finance Division |
| Source Agency |
Congressional Research Service |
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Summary:
Not supported as legislation or enthusiastically received as law by the executivebranch, the FOIA was subsequently refined with direct amendments in 1974, 1976,1986, and 1996. The statute has become a somewhat popular tool of inquiry andinformation gathering for various quarters of American society - the press, business,scholars, attorneys, consumers, and environmentalists, among others - as well assome foreign interests. The response to a request may involve a few sheets of paper,several linear feet of records, or perhaps information in an electronic format. Suchresponses require staff time, search and duplication efforts, and other resourcecommitments. Agency information management professionals must efficiently andeconomically service FOIA requests, doing so, of late, in the sensitized homelandsecurity milieu. Requesters must be satisfied through timely supply, brokerage, orexplanation. Simultaneously, agency FOIA costs must be kept reasonable. Theperception that these conditions are not operative can result in proposed newcorrective amendments to the statute. Legislation offered in this regard in the 109thCongress includes S. 394, the OPEN Government Act, introduced by Senator JohnCornyn with Senator Patrick Leahy, and H.R. 867, the House companion, introducedby Representative Lamar Smith. Of related interest is S. 589, sponsored by SenatorCornyn with Senator Leahy, which would create a temporary commission toexamine, and make recommendations concerning, FOIA request processing delays.The companion bill, H.R. 1620, was offered by Representative Brad Sherman.Another related bill offered by Senator Leahy, S. 622, would amend the HomelandSecurity Act to modify the limitations on the release of voluntarily furnished criticalinfrastructure information pursuant to the FOIA. In mid-May, Representative HenryWaxman introduced H.R. 2331, a comprehensive bill addressing several aspects ofinformation access and disclosure. In early June, Senator Cornyn, with SenatorLeahy, split off a portion of S. 394 concerning the clarity of legislative exceptions tothe access rule of the FOIA and introduced it as S. 1181. This report examinesefforts to amend the FOI Act.
