[Congressional Record Volume 158, Number 97 (Tuesday, June 26, 2012)]
[Senate]
[Page S4631]
FREEDOM OF INFORMATION ACT
Mr. LEAHY. Mr. President, on July 4, the Nation will celebrate the
46th anniversary of the enactment of the Freedom of Information Act,
FOIA. The ``right to know'' is a cornerstone of our Democracy. For five
decades, Americans have counted on FOIA to help shed light on the
activities of their government.
As we reach this important milestone, there are many victories to
celebrate. This week the Senate will enact the Food and Drug
Administration Safety and Innovation Act, which includes important
language that I helped craft to protect the public's ability to access
information under FOIA. Section 710 of that bill will allow the Food
and Drug Administration, FDA, to obtain information about drug
inspections and drug investigations undertaken by foreign governments,
while at the same time ensuring that the American public has access to
information about potential health and safety dangers. I thank Senators
Harkin and Enzi and the many open-government and consumer groups--
including OpenTheGovernment.org and Public Citizen--who worked with me
to enact this FOIA provision.
Last year the Senate unanimously passed the Faster FOIA Act, a bill
that I cosponsored with Republican Senator John Cornyn. This
legislation would create a bipartisan panel of government and outside
experts to make recommendations on improving the FOIA process. Sadly,
despite the overwhelming and bipartisan support for this good-
government legislation, this bill has been languishing in the House of
Representatives for almost a year.
During the 3 years since President Obama made a historic commitment
to restoring the presumption of openness in our government, the Obama
administration has also taken steps to strengthen FOIA. I especially
want to commend the Office of Government Information Services--and the
inaugural Director of the OGIS, Miriam Nisbet--for working with the
Environmental Protection Agency and the Department of Commerce to
develop an online FOIA Module designed to help agencies better meet
their requirements under the FOIA. This new FOIA program reaffirms the
President's commitment to transparency in our government and will make
government information more accessible to the American people.
While these and other FOIA accomplishments give us good reasons to
celebrate, many other threats to the public's right to access
information under FOIA remain. In the coming weeks the Senate is
expected to consider several legislative exemptions to FOIA in relation
to cybersecurity legislation. As this legislative process unfolds, I
intend to work with Members on both sides of the aisle to ensure that
the American public's ability to access information about threats to
their health and safety in cyberspace is protected.
Securing our Nation's critical infrastructure information is a
pressing national priority. So, too, is protecting the rights of
Americans to know what their government is doing. We must strike a
careful balance between security and openness in our cybersecurity
policies. The anniversary of FOIA's enactment provides a timely
reminder of just how important it is for the Congress to get that
balance right.
As I have said many time before, open government is neither a
Democratic issue, nor a Republican issue--it is truly an American value
and virtue that we all must uphold. It is in this bipartisan spirit
that I will continue to work to fulfill FOIA's promise of openness in
our government and that I join all Americans in celebrating the 46th
anniversary of the Freedom of Information Act.
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