Congressional Record: March 15, 2001 (Senate) Page S2383-S2384 FOIA TURNS 35 Mr. LEAHY. Mr. President, James Madison said that if men were angels, no government would be necessary. But because people and governments are fallible, he added, ``experience has taught mankind the necessity of auxiliary precautions.'' The Freedom Of Information Act (FOIA), a modern improvement in American government, has proved itself as a vital precaution that has served the people well in defending their right to know what their government is doing--or not doing. Friday is the 250th birthday of James Madison and, appropriately, this is also the day that we commemorate FOIA's 35th anniversary. I am not sure that we could pass FOIA if it were offered in Congress today, but thank heaven it is firmly etched by now in our national culture. Just this month a unanimous U.S. Supreme Court affirmed FOIA's mandate of broad disclosure, noting that full agency disclosure would ``help ensure an informed citizenry, vital to the functioning of a democratic society.'' FOIA may be an imperfect tool, but as one foreign journalist observed, ``in [[Page S2384]] its klutzy way, it has become one of the slender pillars that make America the most open of modern societies.'' In recent years records released under FOIA have revealed the government's radiation experiments on human guinea pigs during the Cold War, the evidence that the Food and Drug Administration had about heart-valve disease at the time it approved the Fen-Phen diet drug, the Federal Aviation Administration's concerns about ValuJet before the 1996 crash in the Everglades, radiation contamination by a government- run uranium processing plant on nearby recreation and wildlife areas in Kentucky, the government's maltreatment of South Vietnamese commandos who fought in a CIA-sponsored army in the early 1960's, the high salaries paid to independent counsels, and the unsafe lead content of tap water in the nation's capital. Five years ago we updated FOIA's charter with the Electronic Freedom of Information Act that I proposed as a way to bring the law into the information age, recognizing that technology is dramatically changing the way government handles and stores information. The ``E-FOIA'' law directs federal agencies to make the information in their computer files available to citizens on the same basis as that in conventional paper files. We also took this as an opportunity to encourage agencies to use technology and the Internet to make government more accessible and accountable to its customers, the citizens. For instance, we now have the technology to translate government records into Braille or large print or synthetic speech for people with sight or hearing impairments, and the new law promotes that. Electronic records also make it possible to offer dial-up access to citizens over the Internet so they can have instant direct access to unclassified information stored in government computer banks. This is far easier for Vermonters than having to travel to Washington to visit an agency's public reading room. Information is a valuable commodity, and the federal government is the largest single producer and repository of data on topics ranging from agriculture to geography to labor statistics and the weather. Better and timelier access to this information helps lubricate our economy. FOIA today is healthy, but only constant vigilance will keep Congress from needlessly whittling away its promise to the American people. We fought back one such effort last year, and new carve-out proposals are already in the air. FOIA gives each American the power to ask--and the government the obligation to answer--questions about official actions or inaction. We can count on a government agency to tell us when it does something right, but we need FOIA to help tell us when it does something wrong. Of all the laws that fill our law libraries, none better than FOIA breathes life into the first words in our Constitution, ``We the people of the United States'' and into our First Amendment rights to petition our government. This is a law to celebrate, to use, and to defend. ____________________