What does the future hold for the FOIA in the legislative branch of the U.S. Government. In January, the Democrats will hold a sizable majority in both houses of Congress and also the White House. In more robust times, this would probably call for sizable increases to agency budgets which would trickle down to FOIA Operations. However, in these times, as Congress and the new President work to clean up messes left by others, there won't be much money left to just throw at agencies.
I foresee the Senate possibly adding some new language to the FOIA, especially some of the things taken out of last year's FOIA amendments. I can see Congress putting in language parroting the 1993 Reno memorandum that called for discretionary disclosures when there is no foreseeable harm in the release of the documents and making that statutory. That language was pulled out of last years bill during the legislative process.
I would hope Congress addresses the problem of funding FOIA Operations. Currently, these are not line items in agency budgets voted by Congress and are at the whim of agency heads and OMB. FOIA Operations are vastly underfunded. I've been told that it is not a good idea to make it a specific line item by those familiar with the budget process, but I haven't been told of any other type of way that would adequately fund FOIA Operations--I'd like to see Congress address that. At the very least, Congress should have oversight hearings that ask specific questions about the agencies funding of their FOIA Operations.
I also see a push to expand the reach of FOIA. The current Congress has before it a bill to make the Smithsonian Institution subject to FOIA. Fannie Mae and Freddie Mac are now subject to FOIA as a result of being bailed out by the government (talk about your unintended consequences). Thus, I'd imagine that there will be efforts in the next Congress to place these organizations under the FOIA by specific language will continue. And I'd like to see other agencys/organizations placed there, such as the Public Corporation Accounting Oversight Board ("PCAOB"). Other agencies that have been held not to be subject to the FOIA by case law in the last 8 years, such as the White House Office of Administration could be statutorily placed within reach of the FOIA.
There could be a move to change some language that will effect FOIA exemptions. Historically, President's have decided what the criteria is for national security information by Executive Order. This results in the standards used for the withholding of information pursuant to FOIA Exemption 1. There may be a move to statutorily define national security information which would then, of course, change the Exemption 1 standards. Past efforts to do this have been rebuffed, but I look for it to possibly be attempted again. Other exemptions ripe for changes are 5 (however, foreseeable harm language either by statute or Presidential directive could derail any efforts to change the exemption itself) and 8 (bank secrecy--this allows for wide withholdings of bank regulatory efforts, the lack thereof which is largely responsible for many of our economic problems today).
Of course having one party in power may also slow down legislative changes in the FOIA. Democrats won't want to push things that President Obama doesn't want and some of these could be various changes to the FOIA. All told, watching Congress grapple with FOIA laws should be interesting.