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Changes in Freedom of Information Act victory for public

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Openness in government and the public's right to hold its officials accountable received a boost with unanimous passage of a measure to strengthen the federal Freedom of Information Act.

The Senate passed S. 2488 unanimously on Dec. 14 and the House followed with approval by voice vote with no dissent on Dec. 18.

President Bush should sign the bill to demonstrate his commitment to government accountability and accessibility.

Protection of national security will continue to be a valid reason for denying disclosure of information.

However, the legislation explicitly puts the presumption in favor of releasing information requested by the public. There must be a finding that such disclosure would do harm in order to deny the request.

Without mentioning former Attorney General John Ashcroft by name, the bill in effect reverses an order he issued in the wake of the 9-11 attacks that directed agencies to lean against disclosure if there was uncertainty about how the information could do harm. In practice, that order encouraged denial of requests.

This bill would restore the proper balance between open government and national security.

Other strong points in the legislation are establishment of a tracking system so the media and general public can check on the status of their requests and a hotline for all agencies. If information is blacked out, the specific exemption allowing it under the Freedom of Information Act would have to be cited.

The measure also creates an alternative to litigation by having an ombudsman to mediate disputes.

The bill's primary sponsor, U.S. Sen. Patrick Leahy, D-Vt., worked with the Justice Department to address its concerns.

Both senators from Illinois, Democrats Dick Durbin and Barack Obama, were co-sponsors of the legislation.

In addition to upholding the American public's right to know, the congressional action sends a strong signal to other countries about American ideals and the importance of openness in a democracy.

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