Improving FOIA
by Nate Jones
Earlier this year, the Veterans Affairs Administration denied the Tampa
Tribune's Freedom of Information Act request for the names of VA hospitals
where veterans died because of delays in medical screenings. To hide this
information, tile VA used the"pre-decisional" exemption., simply stating that the
re_.quted documents were "preliminary" communications and could thus be
VV Ill 11 llu.
This misapplication was not an isolated incident. Agency use of this b(5) catch-
all exemption has skyrocketed to more than 12 percent of all FOIA requests,
often to prevent embarrassment or hide errors and failures--ignoring President
Obama's clear instructions to the contrary.
Fortunately, Sens. Patrick Leahy (D-Vermont) and John Comyn (R-Texas),
working in one ofWashington's last bastions of bipartisanship, have introduced
a bill that will stem this abuse.
The FOIA Improvement Act of 2014 will make it easier for everyday
Americans to use the law to request and receive documents, such as the Veterans
Affairs records, in three key ways. First, it reforms one of the most abused
methods agencies use to withhold information: the so-called"pre decisional"
exemption, which can actually be stretched to withhold all "interagency or intra-
agency memorandums or letters."
Second, the bill legislates that agencies cannot charge some FOIA fees when
they miss their FOIA deadlines.
Finally, the bill strengthens the FOIA ombuds office, a mediation service
provided to requesters when they cannot afford litigation, and promotes proactive
online access to documents.
Perhaps most importantly, the Leahy-Comyn bill fixes the "withhold it
because youwant to FOIA exemption by requiring agencies (and, ifnecessary,
courts) to weigh the public interest before denying documents. It also limits the use
of this exemption to documents 25 years or younger.
This parallels the restrictions placed by the Presidential Records Act; if
communications at the highest levels of government are eventually de facto
available to the public, it only makes sense that agency communications should be
aswell.
The bill also cements fairness into the FOIA fee system. When media,
educational or scientific institutions submit FOIA requests, the majority of their
fees are always waived. This is not the case for everyday requesters, who are
often charged expensive "search and review" fees.
Earlier Comyn-Leahy legislation partially reduced these fees by mandating
that a requester could not be charged fees if an agency missed the 20-day deadline
to process the FOIA request. But, troublingly, agencies began successfully
eluding this fee improvement simply by labeling requests as"unusuar and claiming
these"unusual" requests were unprotected. The FOIA Improvement Act would
definitively end this ,'unusual" fee runaround.
The FOIA Improvement Act also strengths citizens' best FOIA advocate, the
ombuds Office of Government Information Services. It gives OGIS more
authority and ensures that agencies inform FOIA requesters that they have the
fight to request FOIA dispute resolution service in lieu of expensive litigation.
Additionally, the bill includes a provision requiting agencies to proactively post
documents of likely public interest digitally, so citizens can have access without
having to file Freedom of Information Act requests.
Of course, for these FOIA reforms to take effect, the bill must become a law.
Fortunately, the House of Representatives, spurred by the leadership of Reps.
Darrell Issa (R-California), Elijah Cummings (D-Maryland) and Mike Quigley
(D-Illinois), unanimously passed a FOIA reform bill this February with 410 votes.
In response to the Senate bill, Chairman I ssa's office stated that he "is committed
to FOIA reform and looks forward to working with his Senate partners."
Given the bipartisan nature of both bills, the forecast for genuine FOIA reform
that helps citizens access their government's documents may well be sunny in
2014.
###
Jones serves as the FOIA Coordinator for the National Security Archive, a
member of the openthegovernment.org coalition.
As the Journal Opinion approaches its 150 m anniversary in 2015, we
will be bringing you snippets from the past editions each week. The intent is
to explore the headlines, stories, and advertising to understand how much
has changed and how much has remained the same. This column comes from
the July 1, 1892 issue of The United Opinion.
A large party had been searching for a 15-year-old girl who had been
missing from Bradford since June 24. Edna Harris, who had been in the
employ of a Mrs. ElizaBarrett, had left her bed in her night clothes and
wandered away. She had been traced four miles up the Waits River, but
there were fears that she had drowned due to "temporary insanity."
###
There were reports from throughout the area of a series of terrible storms
and inundations. In East Corinth, considerable damage was done to the
roads. A "cyclone" in Union Village was responsible for cutting down swaths
ofvaluablewoodlots,sweeping away buildings and demolishing buildings.
###
Schools throughout the area were concluding their terms and letting out
for the summer.
###
The annual log drive was flowing down the Connecticut River. The
previous week, it had passed North Thetford.
###
Residents in East Corinth were preparing for a grand celebration on the
Fourth of July where there was going to be a raising of the liberty pole and
fireworks in the evening.
###
There was scandal in Lyrne when the local meat man, Harris Gilbert, told
his family they would never see him again and he left town.
I J'00i 9 to x= SPEC00/I
20% Off
RED,WHITE-BLUE Fabr00 I
July 16 to 19 SPECIAL
CHRISTMAS IN JULY
0% Off Christmas Fabric
FROM JULY 9-19
GET20% OFF
PRE-CUT WIDE BACK FABRIC
JOIN US
FOR A
UNGLE SAFARI!
July 7 to 11
at Trinity Church
of the Nazarene
July 2, 2014--JOURNAL OPINION--Page 7
The president has proclaimed June a month
of pride. He has said: So let it be written; so let
it be done. But it is also, unavoidably, amonth of
pain. No one came to office with more
accolades, more laurels than Barack Obama
did. He was hailed as being above the ken of
mortal men. His campaign team referred to him,
not without irony, as "Black Jesus."
Respected presidential historian Michael
Beschloss described him as the smartest man
ever to enter the White House. The ever-hip
New Yorker magazine portrayed him as the
Father of Our Country, George Washington,
only cooler. Five years ago, at Normandy, he
was lauded as "hovering over the nations like a
sort of god." That was Newsweek editor Evan
Thomas's glowing assessment of the new
leader' s D-Day commemoration.
It is painful to recall those halcyon days. It
might not be impertinent to ask Evan Thomas to
recall for us a single word uttered by hi s hovering
god atNormandy in 2009. Or in 2014. In this era
of 24/7 cable coverage, the president's"selfie"
at the Mandela funeral and his chewing gum at
the 70 th anniversary of D-Day seem to be what
people remember, if they remember anything of
this once promising young commander-in-chief.
His media men will doubtless curse the fate
that caused President Obama's Pointe-du-Hoc
moment to be lost in the welter of criticism of the
administration over the VA scandal and the
deserter-for-Taliban"A Team" swap.
Media big, Barbara Walters, spoke with a
certain world-weary tristesse when she sighed:
"We thought he was going to be (I shouldn't say
this at Christmas-time) the next Messiah." Even
Chris Matthews no longer speaks of that tingling
Pain, pride, and presidents
by Robert Morrison
sensation going up and down his leg when Mr. Obama
speaks.
Worse still, the Audis and BMWs in toney
Georgetown have blossomed with 'Tm ready for
Hillary" bumper stickers. Weren't they leaning forward
and all in for Obamajust months ago? There's a certain
resignation in the sentiment, as if these are aristocrats
from the court of Louis XV in France saying "after us the
deluge."
' Maybe pride is the problem. It was James Madison,
that little man, that modest, slight man with a voice
barely audible, who taught us: "If men were angels, no
govemment would be necessary." This "withered little
applej ohn" was an unlikely candidate for greatness, or
anything else. Yet he shone in intellil gence, diligence, and
integrity. He did not rely on puff :s md promoters to
clear his path. He had to make his way through effort.
One of my favorite examples of not becoming puffed
up by the presidency is Harry Truman. In April, 1945,
when President Franklin Roosevelt died of a massive
cerebral hemorrhage in Warm Springs, Georgia, Vice
President Truman was summoned to the White House
to be sworn in.
He walked briskly from his Capitol Hill office to the
Executive Mansion, leaving many of the chain smokers
in the press corps behind.
Newly sworn in as the 3Y a president, Harry bent
down and kissed the Bible. And he said to the reporters:
"Boys, if you ever pray, pray for me now.... I [feel] like
the moon, the stars and all the planets [have] fallen on
me."
On Friday, April 13, barely twenty-four hours after
becoming president, Truman returned to Capitol Hill to
consult with leaders of Congress. He suggested a
Special State of the Union Message which he would
deliver on the following Monde.
"Too soon!" "Roosevelt s funeral is on Sunday-
impossible!" "This would be a bad first step," he was
told. Harry listened quietly and respectfully as the
Capitol Hill talkers talked. Then he said decisively: "Get
ready. I'm coming."
It was an exhausting weekend. Most of the political,
judicial, and military leaders of the nation attended
FDR's funeral. They had journeyed by train to the
Roosevelt family estate at Hyde Park, New York.
Still, on Monday, promptly, President Truman
entered the Chamber of the U.S. House of
Representatives. He mounted the rostrum and
addressed the gathered dignitaries. "Hold on, Harry,"
growled the gruff, bald Speaker, Sam Rayburn of
Texas, "I have to introduce you."
Truman spoke without the brilliant Harvard phrases
or the polished eloquence of FDR, but he spoke from
the heart to millions of hearts: He pledged to carry on the
war on two continents to eventual victory and
unconditional surrender of Germany and Japan. He
promised to fulfill the commitments made by his four-
term predecessor. His speech was a great success,
applauded on both sides of the aisle.
He concluded with these words: "At this moment, I
have in my heart a prayer. As I have assumed my heavy
duties, I humbly pray Almighty God, in the words of
King Solomon: Give therefore thy servant an
understanding heart to judge thy people that I may
discern between good and bad, for who is able to judge
this thy so great a people. I ask only to be a good and
faithful servant of my Lord and my people."
The hushed House Chamber erupted in thunderous
applause. It was said of Franklin D. Roosevelt that he
was for the people. But Harry Truman was the people.
He was a humble man because he knew the dangers of
pride. Pride goes before a fall, he knew. He read that
somewhere.
###
Robert Morrison is a senior fellow at the Family
Research Council
dream!
From dreams for your family to dreams for your financial
future, Modern Woodmen of America is proud to be here
for you. We can help you plan for all stages of life - from
protection to saving to retirement planning. Let's talk.
MDRT Member
Stewart Gates, FIC*, District Representative
3056 Scott Highway, PO Box 145
Groton, VT 05046
802-584-4440
Cell Phone 802-777-0724
E-Mail: stewart.l.gates@ mwarep.org
Modern Woodmen
FRATERNAL FINANCIAL
Touching lives. Securing futures. ®
*Registered representative. Securities offered through MWA Financial Services
DREG0312 Inc., a wholly owned subsidiary of Modem Woodmen of Amerka.
JONES FAMILY EYECARE
becomes
BRADFORD OPTICAL
Dr. Reginald Jones announces his retirement. His son, Dr.
Andrew Jones who worked in the Bradford office from 1995 to
2003, will take over the business on Tuesday, July 29th, 2014.
The business is still located next to Oxbow High School and
retains long-time employee Debbie Marcy. Andrew will bring
with him experience from working as an optometrist at White
River Family Eyecare for the past 11 years.
LASIK management, specialty contact lens fitting, glaucoma
evaluation/treatment, and the newest electronic testing
equipment will be available. Eyeglass selection and repair, a
gentle manner, and simple explanations will be part of your
experience, as always. Open Tuesday through Friday, 9:00 am
to 5:00 pm, 331 Upper Plain, Bradford VT 05033.
To make an appointment please call (802) 222-4543.
3 bdrm - 3 bath - 3.57_+.A - 3,461 S.F. * Views 1 bdrm = 2 bath - 5_+_A - 1,552 S.F. - Views 3 bdrm * 2 bath = 1.2Y.A * In-Law Apartment
2 bdrm - 1 bath - 25.7+-A" 1,438 S.F. * Trails
3 bdrm - 2 bath - 19.5_+_A - 1,368 S.F.
2 bdrm - 2 bath - 5_+_A - 1,448 S.F.
LAND OFFERINGS
MLS#4367229 = Wentworth, NH = $19,500
0.94+_A * Driveway is In * Private
MLS#4364689 - West Fairlee, VT - $22,000
0.73_+_A - Wooded Setting- Near Lake Fairlee
MLS#4367014 * Wells River, VT - $35,000
10.1.+.A- Septic Design -Perc Tested- Power
MLS#4363667 - Thefford, VT - $85,000
3=_& - Pmanitted for 4 Ixlnn - V'mws - Open ].and
3 bdrm* 2 bath- 7.7:P_A - 3,347 S.F. - Large Shop
