[Congressional Record: June 25, 2008 (Senate)]
[Page S6148-S6149]
42ND ANNIVERSARY OF THE FREEDOM OF INFORMATION ACT
Mr. LEAHY. Mr. President, on July 4, our Nation will celebrate the
42nd 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.
[[Page S6149]]
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 7 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 42nd anniversary of the birth of FOIA and all that this law has
come to symbolize about our vibrant democracy.
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