Legislation Proposed to Amend the FOIA

Your Government counsel.™

Congressmen Darrell Issa and Elijah Cummings have proposed a new bill to enhance the ability of private parties to obtain documents through the Freedom of Information Act.  The bill, entitled The Oversight and Implementation Act of 2015 (H.R. 653), would limit the ability of federal agencies to withhold information only when the agency reasonably foresaw that disclosure would cause specific identifiable harm and would place the burden on the agency to support the withholding.  To avoid the need for redundant requests for documents, it also would require agencies to post all releasable information requested three or more times online in a publicly accessible format.  It also imposes a 25 year sunset on the commonly used “deliberative process” exemption under FOIA.  In addition, the proposed legislation would provide 90 days to file an appeal if a FOIA request is denied and a right to seek mediation services and dispute resolution before having to file a claim in court.

Share this post

Facebook
Twitter
LinkedIn

Subscribe to the mailing list

Close Menu