A bipartisan Freedom of Information Act reform bill was introduced today by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX). The FOIA Improvement Act of 2014 addresses chronic problems with overuse of exemptions by federal agencies, excessive fee assessments, and the culture of secrecy. The bill will codify a "presumption of openness" in the processing of FOIA requests. The bill will require agencies to weigh the public interest in disclosure against the agency’s interest in secrecy before withholding documents such as Office of Legal Counsel memos. The FOIA Improvement Act will also close a loophole that agencies have used to make requesters pay excessive fees, even when the agency takes years to process the request. EPIC has recommended many of these reforms. EPIC specifically recommended proposed changes to the "(b)(5)" exemption. For more information see: EPIC: FOIA Cases.
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by Ryan Calo, A. Michael Froomkin,