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Secrecy Statutes and the Freedom of Information Act

Secrecy Statutes and the Freedom of Information Act. Narrow proposals put information beyond public’s reach Broad impact on Public safety Oversight Democracy. Simple Steps Congress Can Take. Rick Blum Sunshine in Government Initiative. The Elevator Version.

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Secrecy Statutes and the Freedom of Information Act

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  1. Secrecy Statutesand the Freedom of Information Act • Narrow proposals put information beyond public’s reach • Broad impact on • Public safety • Oversight • Democracy Simple Steps Congress Can Take Rick Blum Sunshine in Government Initiative

  2. The Elevator Version Many Secrecy Statutes carve loopholes in FOIA. Review is “Whac-A-Mole”& creates bad policy. “The Ask”: Be a FOIA Hawk * Brief referral to “FOIA Committees” * Build in protections yourself -- checklist

  3. FOIA is vital & balanced FOIA has told vital stories • Vital. • bullet-proof vests don’t stop bullets • Veterans wait for benefits • Missing gov’t property • Lead in school lunchboxes • Crumblingbridges FOIA already protects interests from disclosure. How many (b)(3) statutes? Who reviews them? Special Secrets for Special Interests

  4. 1. Many Secrecy Statutes Carve “(b)(3)” Loopholes in FOIA 250-300+ on the books Dozens proposed every year • Sullenberger / Hudson River Jet projects.propublica.org/foia-exemptions/

  5. 2.Review is “Whac-A-Mole” How it starts USED Special Secrets for Special Interests

  6. 2. “Whack A Mole” Reviews Mean Bad Policy Special Secrets for Special Interests

  7. 3. The Ask: #1 Be a FOIA Hawk Is a FOIA statutory exemption really necessary? Subject to disclosure now? Would the information now be disclosed under FOIA? 2.  Reason for withholding. Can you clearly articulate a reason for withholding the information? 3. Withholding > Disclosing? Is the interest in withholding clearly greater than the public interest in disclosure? 4. Go public. Will you publicly disclose the exemption at the time it is proposed? Still need it? … Use the (b)(3) checklist! Special Secrets for Special Interests

  8. Any new statutory exemptions should be limited. Use the Checklist: First, draft narrowly. Protect only what you can identify. Second, include: • Public reporting. Is the exemption working? • Oversight. Congress, GAO or inspectors general can provide oversight when the public cannot. • A beautiful sunset. Add an expiration date. • Safe harbor for whistle blowing. • Balanced penalties (if any). Don’t tip scales toward secrecy. Special Secrets for Special Interests

  9. #2 What Can Congress Do?End “Whac-A-Mole” Reviews • Enforce the OPEN FOIA Act of 2009. All exemptions from disclosure of government records must cite to FOIA section (b)(3). • Routinely use committee referrals. Any proposed (b)(3) exemption should be referred to the committee with jurisdiction over FOIA • House: Oversight and Government Reform • Senate: Judiciary Committee Special Secrets for Special Interests

  10. Get Help • Office of Government Information Services (OGIS) • ogis.archives.gov • 202-741-5770 • 1-877-684-6448 • Office of Information Policy (Department of Justice) • usdoj.gov/oip • 202-514-FOIA (3642) • House Committee on Oversight and Government Reform • oversight.house.gov • Senate Judiciary Committee • judiciary.senate.gov Special Secrets for Special Interests

  11. How it should work… Special Secrets for Special Interests

  12. Be a FOIA Hawk. Rick Blum Sunshine in Government Initiative rblum@sunshineingovernment.org @sunshineingov Question new FOIA proposals. Consult FOIA(experts & law) Send FOIA bills to FOIA committees. Thank you for your work!

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