July 7, 2008
The Honorable Patrick Leahy
Committee on the Judiciary
United States Senate
Washington, DC 20510
The Honorable Arlen Specter
Committee on the Judiciary
United States Senate
Washington, DC 20510
Dear Mr. Chairman and Senator Specter:
We write on behalf of the undersigned group of business, public interest, and historical organizations to endorse the OPEN FOIA Act (S. 2746), which would ensure transparency by requiring that every statutory carve-out to the Freedom of Information Act (FOIA) expressly reference section 552(b)(3) of that Act. These statutory exemptions limit public access to information under the FOIA and need to be openly discussed prior to enactment.
As you know, the intent of the FOIA, ensuring an open and accountable government, has been seriously undermined by members of Congress who attempt to limit public access to government information through inconspicuous provisions buried deep in proposed legislation. Such provisions can establish new FOIA exemptions under section 552(b)(3), often without any public debate about whether the new exemption is necessary or appropriate. Passage of S. 2746 is vitally important because it will require that every proposed new carve-out to the FOIA specifically reference the Act.
To preserve the ideals of openness that FOIA embodies, bills that exempt records from FOIA should be transparent about their intent and effect. By requiring that every proposed FOIA carveout specifically reference 5 U.S.C. Section 552(b)(3), the OPEN FOIA Act will give members of the public and open government advocates the tools they need to find, analyze and challenge these hidden exemptions before they are passed into law. We therefore urge the Senate Judiciary Committee to report S. 2746 favorably and help it move quickly to the Senate floor for passage.
Thank you.
Sincerely,
Alliance for Patient Safety
The Association of American Publishers
Association of American Physicians and Surgeons
American Association of Law Libraries
American Association of Small Property Owners
American Civil Liberties Union
American Library Association
Awake In Philly
Bill of Rights Defense Committee
California First Amendment Coalition
Center for Democracy and Technology
Citizens for Responsibility and Ethics in Washington
Citizens Watch
Citizen Outreach Project
Defending Dissent Foundation
Electronic Frontier Foundation
Essential Information
iSolon.org
James Madison Project
Knowledge Ecology International
Liberty Coalition
Maine Association of Broadcasters
Minnesota Coalition on Government Information
The Multiracial Activist
National Freedom of Information Coalition
National Security Archive
New Jersey Foundation for Open Government
OMB Watch
Open Society Policy Center
OpenTheGovernment.org
People For the American Way
Project on Government Oversight
Public Citizen
The Rutherford Institute
U.S. Bill of Rights Foundation
Washington Coalition for Open Government
Woodhull Freedom Foundation
David F. Jackson,
Freelance Investigative Journalist
Richard P. Kleeman, Former Chairman,
National Freedom of Information Committee,
Society of Professional Journalists