President Obama signed into law the
Freedom of Information Act (FOIA) Improvement Act of 2016 yesterday.
The Act places a 25 year limit on
the use of the deliberative process exemption, codifies a presumption of
openness, and makes various procedural improvements in the FOIA. The Department
of Justice summarized its understanding of the new law here.
The White House portrayed the law
as consistent with its own record of promoting open government.
"I am very
proud of all the work we've done to try to make government more open and
responsive, but I know that people haven't always been satisfied with the speed
with which they're getting responses and requests," President Obama said
at an Oval Office signing ceremony. "Hopefully this is going to help and
be an important initiative for us to continue on the reform path."
A White House fact sheet said that more would be done. "The Administration is
taking a number of steps to further the progress made since 2009, ensuring that
this Administration's track record of openness is institutionalized throughout
government and carries forward for years to come."
But the new FOIA law explicitly
provides no new resources for implementation. So in the face of rising and, in
fact, unconstrained demand from some FOIA users, it is unclear how much
improvement the FOIA Improvement Act can be expected to generate for the
average requester.
"In honor of Congress'
passage of FOIA reform bill, I just submitted approx 700 new #FOIA requests to
FBI," tweeted FOIA
campaigner Ryan Shapiro on June 14. He did not appear to be joking.
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