Leahy: FOIA Anniversary Time
For Renewed Open Government Commitment

 

WASHINGTON (Wednesday, June 25, 2008) – Open government advocate Sen. Patrick Leahy (D-Vt.) urged Congress today to renew efforts to improve government transparency and strengthen the nation’s open government laws in advance of the upcoming anniversary of the Freedom of Information Act (FOIA).

 

July 4 will mark the 42^nd anniversary of the signing of the Freedom of Information Act, a law that continues to bring transparency to actions of the federal government at a time when excessive government secrecy has often hidden controversial government policies from public view.  Leahy, a long time supporter and proponent of FOIA, marked the anniversary of the nation’s primary open government law by calling for prompt action on legislation he introduced in March with Sen. John Cornyn (R-Texas) to require Congress to explicitly and publicly state whether it intends to create a FOIA exemption for any new legislation.  The OPEN FOIA Act is listed for consideration by the Senate Judiciary Committee, a panel which Leahy chairs, at a business meeting on Thursday.

 

“As we reflect upon the celebration of another FOIA anniversary, we in Congress must also reaffirm our commitment to open and transparent government,” said Leahy.  “As I have said many times, open government is not a Democratic issue or a Republican issue.  It is an American value and a virtue that all Americans hold dear.”

 

Under Leahy’s leadership, the Congress last year enacted the OPEN Government Act, which made the first substantive reforms to FOIA in over a decade.  That legislation also created the Office of Government Information Services (OGIS), an independent office within the National Archives and Records Administration responsible for resolving inter-agency FOIA disputes.  Just a month after signing the OPEN Government Act into law, President Bush’s budget proposal signaled the White House’s intention to move the functions of OGIS to the Department of Justice rather than the National Archives.  Last week, the Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies, of which Leahy is a senior member, rejected the President’s budget proposal to fund the Office in the Justice Department.  Leahy has pledged to work through the appropriations process to ensure OGIS is fully funded at the National Archives.

 

Leahy’s statement on the 42^nd anniversary of the Freedom of Information Act follows.  For more on Leahy’s open government efforts, click here.

 

Statement Of Senator Patrick Leahy (D-Vt.),

Chairman, Senate Judiciary Committee,

Commemorating The 42^nd Anniversary

Of The Freedom of Information Act

June 25, 2008

 

Mr. President, On July 4^th, our Nation will celebrate the 42^nd anniversary of the signing of the Freedom of Information Act (“FOIA”).  While we mark this important anniversary, the country also celebrates the enactment earlier this year of the first major reforms to FOIA in over a decade – the OPEN Government Act – which will reinvigorate and strengthen this vital open government law for many years to come.

 

Now in its fourth decade, the Freedom of Information Act remains an indispensable tool for shedding light on bad policies and government abuses.  The Act has helped to guarantee the public’s “right to know” for generations of Americans.  Today, thanks to the reforms contained in the OPEN Government Act, which was signed into law on December 31, Americans who seek information under FIOA will experience a process that is much more transparent and less burdened by delays than it has been in the past.  This is very good news.  But, there is still much more to be done to ensure that FOIA remains an effective tool for keeping our democracy open and free.

 

A key component of the OPEN Government Act is the creation of an Office of Government Information Services (“OGIS”) within the National Archives and Records Administration.  The Office would mediate FOIA disputes, review agency compliance with FOIA, and house a newly created FOIA ombudsman.  Establishing a fully funded OGIS is essential to reversing the troubling trend of the last seven years towards lax FOIA compliance and excessive government secrecy.

 

I am pleased that the Committee on Appropriations’ Subcommittee on Commerce, Justice, Science and Related Agencies – a panel on which I serve – last week rejected the President’s budget proposal to move the functions of OGIS to the Department of Justice.  I will continue to work very hard to ensure that OGIS is fully funded within the National Archives -- as Congress intended -- so that this important office has the necessary resources to fully comply with the OPEN Government Act.

 

There is also more work to be done to further strengthen FOIA.  Earlier this year, I was pleased to join with Senator John Cornyn in introducing the OPEN FOIA Act, S. 2746, a bill that requires Congress to clearly and explicitly state its intention to create a statutory exemption to FOIA when it provides for such an exemption in new legislation.  While there is a very real need to keep certain government information secret to ensure the public good and safety, excessive government secrecy is a constant temptation and the enemy of a vibrant democracy.  

 

The OPEN FOIA Act provides a safeguard against the growing trend towards FOIA exemptions, and would make all FOIA exemptions clear and unambiguous, and vigorously debated, before they are enacted into law.  The Senate Judiciary Committee will consider this bill at its business meeting this week, and I urge all Members to support this legislation to further restore the public’s trust in their government.

 

As we reflect upon the celebration of another FOIA anniversary, we in Congress must also reaffirm our commitment to open and transparent government.  As I have said many times, open government is not a Democratic issue or a Republican issue.  It is an American value and a virtue that all Americans hold dear.  It is in this bipartisan spirit that I join Americans from across the political spectrum in celebrating the 42^nd anniversary of the birth of FOIA and all that this law has come to symbolize about our vibrant democracy. 

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