Open government bill passed in U.S. House

Amendments encourage erring on the side of openness.

By James Patrick Schmidt and Steve Oslica

Published March 16, 2007

A Missouri lawmaker in Washington, D.C., is trying to make government information more open to the public.

A bill sponsored by U.S. Rep. William Lacy Clay, D-Mo., passed Wednesday in the U.S. House of Representatives by a vote of 308-117. The bill, called the Freedom of Information Act Amendments of 2007, is part of a three-bill package Clay, who is from St. Louis, is trying to pass to strengthen the government's Freedom of Information Act.

"It's part of a larger effort, one of three bills," Clay's Chief of Staff Steve Engelhardt said. "All of them have to do with increased openness, increased disclosure and increased transparency. Former Attorney General (John) Ashcroft issued a memo in 2001 that erred on the side of secrecy, not disclosure. The effort here is to reverse that and to return the application of the law to the original intent — to err on the side of openness."

The bill would begin the 20-day period within which the government must respond to a Freedom of Information Act request as soon as the request is received.

It would also establish penalties for missing the 20-day deadline and require reports on why the deadlines are missed. Engelhardt said penalties include required waiving of the fees for gathering requested information if the deadlines are missed.

Finally, the bill would create an office for a Freedom of Information Act ombudsman to resolve conflicts about act requests, rather than having the conflicts resolved in court. Engelhardt said though the details of the ombudsman's office have yet to be worked out, they probably would be as the bill moves through the U.S. Senate.

"Nothing undermines public confidence in our government as much as obstruction and obsessive secrecy," Clay stated in a news release. "My bill substantially strengthens the Freedom of Information Act by reaffirming the idea that the United States government belongs to the people, and whenever possible, we should err on the side of full disclosure of information."

The other two bills relate to who can restrict access to records and disclosure of donors for presidential libraries, Engelhardt said.

"With presidential libraries, they are currently funded with private money, and there are no limits on those contributions and no requirement to disclose who donated and how much they donate," he said. "In the second term of a presidency, that's not a healthy thing."

U.S. Rep. Kenny Hulshof, R-Mo., whose district includes Columbia, voted in favor of the legislation. Scott Baker, a spokesman for Hulshof, said Hulshof supports government openness and would support further legislation regarding the enforcement of the act.

"Specifically on the Freedom of Information Act, (Hulshof) believes anything that shines light on the processes of government is a good thing," Baker said. "Moving forward, he would basically apply that same principle. Anything that can bring sunshine to the workings of government should be seen as a positive."

Engelhardt said he is confident the bill will pass.

"The FOIA bill, which is by far the most controversial, received 308 votes, which is about 80 Republicans," he said. "It has a broad base of support."

The passage comes during Sunshine Week, which lasts until Saturday. The week promotes the importance of open government and freedom of information.