Oct. 14 Daily News editorial

After several months of foot-dragging on its pledge to make government more transparent, the Obama administration seemed to take meaningful action in March.

U.S. Attorney General Eric Holder instructed federal agencies to err on the side of public access when processing requests for government documents under the Freedom of Information Act.

That new guidance on handling FOIA requests reversed an order issued by then-Attorney General John Ashcroft shortly after the Sept. 11, 2001, terrorist attacks, which essentially directed federal agencies to err on the side of secrecy. Ashcroft’s order greatly diminished the public disclosure law’s effectiveness. Government compliance with FOIA requests worsened significantly over the following eight years.

We welcomed the Obama administration’s policy shift last spring, but noted at the time that its practical worth would depend on how forcefully the administration follows through on its pledge to make improve citizens’ access to their government. Absent strict oversight of the agencies’ handling of FOIA requests, the new instructions are just talk.

Sadly, there appears to have little, if any, oversight on the part of the new administration. Open government advocates testifying before Congress last week complained that nothing has changed since Attorney General Holder’s order, according to Associated Press writer Laurie Kellman. Agencies continue to use special statutes inserted into bills to skirt FOIA requests. Tom Curley, president and CEO of The Associated Press, said, “The secrecy reflex at some agencies remains firmly in place. We appreciate the change in policy direction, but the change hasn’t yet reached the street.”

The Sunshine in Government Initiative, a coalition of media, estimates that there are more than 240 statutes available to agencies for use in denying requests. Kellman reported that these statutory exemptions to the law are typically inserted in big spending bills with no debate and are not subject to court challenges. Curley noted that the Federal Aviation Administration had tried to keep secret statistics on airplane collisions with birds, after a collision with geese brought a U.S. Airways jetliner down in the Hudson River. The FAA stalled on the reporters’ request to buy enough time to find some statutory exemption that might be used, but public pressure forced the release of the data.

Public pressure to enforce its March order ought to brought to bear on the Obama administration. Federal agencies should be made to honor all legitimate FOIA requests in a timely manner. The 42-year-old law is essential to improving and maintaining government transparency. It’s the most effective tool available to American citizens seeking access to government records. FOIA is an important news-gathering tool for The Daily News and other media, but it’s also available to every citizen. In fact, a survey by the Coalition of Journalists for Open Government of more than 6,400 FOIA requests made in September 2005 found that media requests accounted for just 6 percent of total. Clearly, all citizens have a considerable stake in ensuring that this law works as intended.