Freedom Of Information Act reform bill needs editorial support, especially in Kentucky

The federal Freedom of Information Act is 41 years old, and like most folks in their 40s who haven't been well cared for, it is showing its age. Most state open-records laws are better, providing a quick, inexpensive appeal to the attorney general or some other authority if an agency refuses to cough up records or fails to respond in the required time. Under FOIA, many records requests have languished for years, and going to court to dislodge them is too expensive for the citizens or news outlets that want the documents.

A bill in the Senate would restore meaningful deadlines for agency action, and and create a FOIA ombudsman as an alternative to costly litigation. It would also impose real consequences on federal agencies for missing the deadlines; clarify that FOIA applies to agency records held by outside private contractors, and establish a FOIA hotline service for all federal agencies. For details of the bill, click here.

The Department of Justice opposes the bill, and Sen. Jon Kyl, R-Ariz., is putting a hold on it, preventing the Senate from considering it. Supporters of the bill are asking news outlets to write or air editorials urging their senators to ask Kyl to let the bill be heard. Any editorial would be helpful, but Kentucky media outlets could be especially influential, because Sen. Mitch McConnell of Kentucky is the Senate Republican leader and the Kentucky open-records law is one of those that provide a quick, inexpensive appeal.

The Kentucky New Era said in an editorial, "Sen. McConnell, we ask that you let your long-standing reputation for support of open government remain stainless by persuading your colleague to drop the hold and let this bill go forward toward a vote." Citing findings by the Coalition of Journalists for Open Government that responses to FOIA requests dropped by 31 percent last year, the editorial said the Bush administration "has allowed lax FOIA enforcement and a near-obsession with secrecy to undercut the public’s right to know,” and asked, "How would you feel if someone else had something you own, and you had to file a written request to get it, and then there were delays upon delays getting it to you?" (Read more)