APPLYING FEDERAL OPEN GOVERNMENT LAWS TO CONGRESS - AN EXPLORATIVE ANALYSIS AND PROPOSAL

Congress has exempted itself from many of the laws which it has impose d on others. As part of the recent reexamination of this phenomenon, s ources inside and outside Congress have raised serious questions about congressional accountability. Congress selected open government laws, such as the Freedom of Information Act and several more specific disc losure laws, as a means to keep federal administrative bodies accounta ble. In this Article, James T. O'Reilly addresses the question of whet her accountability can be improved, within constitutional limitations, through the adaptation of open government laws to the Legislative Bra nch. The Freedom of Information Act, the source of most access policy, will be the primary focus of attention, with additional discussion of the Privacy Act, the Federal Advisory Committee Act, and the Governme nt in the Sunshine Act and their potential application as accountabili ty devices for the public scrutiny of Congress. Part I discusses const itutional constraints while Part II approaches enforcement issues rela ted to the application of federal laws to Congress. Part III comprises the bulk of the Article, as it details the complexities of applying t he Freedom of Information Act, which would be the cornerstone of open government in a legislative context. Parts IV, V, and VI consider the Privacy Act, the Federal Advisory Committee Act, and the Government in the Sunshine Act, respectively, to provide an overview of other open government acts to which Congress might also be subject. Part VII sugg ests some recommendations for reform.