[Congressional Record Volume 162, Number 93 (Monday, June 13, 2016)]
[Senate]
[Pages S3823-S3824]
HOUSE PASSAGE OF S. 337, THE FOIA IMPROVEMENT ACT OF 2015
Mr. LEAHY. Mr. President, the Freedom of Information Act, our
Nation's premier transparency law, is on the eve of its 50th
anniversary, July 4, 2016. It is fitting that FOIA shares its birthday
with our Republic itself. Our democracy is built upon the principle
that a government of, by, and for the people cannot be one that is
hidden from them. Today we recommit ourselves to this ideal by sending
to the President the FOIA Improvement Act. This bill, which I
coauthored with Senator Cornyn, ushers in the most significant reforms
to FOIA since its enactment 50
[[Page S3824]]
years ago. With the House's unanimous passage of our legislation today,
we ensure FOIA will remain strong for another 50 years.
First and foremost, the FOIA Improvement Act codifies a ``presumption
of openness,'' putting the force of law behind the notion that
sunshine, not secrecy, is the default setting of our government. This
is the same language President Obama laid out in his historic
memorandum in 2009 and which now applies to government agencies. This
policy was first put into place by President Bill Clinton, but then it
was reversed by President George W. Bush. President Obama reinstated it
as one of his first acts in office. However, self-imposed executive
orders provide the executive branch overly-broad latitude in adhering
to its letter and spirit. We must remember, the executive branch
uniquely conducts much of its business behind closed doors, which is
why we need strong legislation ensuring accountability and
transparency. By codifying the ``presumption of openness,'' we ensure
that all future administrations operate under the presumption that
government information belongs in the hands of the people.
Furthermore, our bill provides the Office of Government Information
Services--OGIS--an office Senator Cornyn and I created in the OPEN
Government Act of 2007--additional authority to operate more
independently and communicate freely with Congress how FOIA is
operating and what improvements can be made. And to bring FOIA into the
digital age, our bill creates a singular online portal through which
the American public can submit FOIA requests and requires the proactive
online disclosure of frequently requested records.
The reforms in our bill enjoy broad bipartisan support. The Senate
has unanimously voted for our FOIA Improvement Act twice. Last
Congress, the Democratically controlled Senate unanimously passed this
bill, but Republican leaders in the House failed to bring it up.
Senator Cornyn and I promptly reintroduced our legislation, which
passed the Senate earlier this year, and finally, the House has
followed suit. The legislative branch has now spoken in one voice,
reaffirming its commitment to the American people's right to know what
their government is doing. I urge President Obama to swiftly sign our
bill into law in time for FOIA's 50th anniversary.
The FOIA Improvement Act is undoubtedly a legislative achievement
worth celebrating. However, we must not rest on our laurels. Just as we
are about to bring more sunshine into the halls of power with this new
law, the National Defense Authorization Act, S. 2943, being considered
by the Senate, threatens to cast a shadow over our efforts.
Without ever consulting the Senate Judiciary Committee, which has
exclusive jurisdiction over FOIA, the Senate Armed Services Committee
included provisions in the NDAA that directly undermine central pillars
of FOIA. One particularly egregious provision is so broadly drafted
that it could create a wholesale carveout of the Department of Defense
from our Nation's transparency and accountability regime. If enacted
into law, this could empower the Pentagon to withhold a nearly
limitless amount of information from the American public. For example,
the Pentagon could withhold the legal justifications for drone strikes
against U.S. citizens, preventing the American people from knowing the
legal basis upon which their government can employ lethal force against
them. It could withhold from disclosure documents memorializing
civilian killings by U.S. forces, depriving the American people of
knowledge about the human cost of wars fought in their name. And if
enacted, the Pentagon could withhold information about sexual assaults
in the military, masking the true extent of sexual violence against
soldiers who risk their lives defending our country. I will continue to
oppose inclusion of this provision in the final NDAA.
Fifty years from now, on FOIA's centennial anniversary, the next
generation will look back to this moment. They will gauge our
commitment to creating a government that is open to its people. With
today's passage of the bipartisan FOIA Improvement Act, we have chosen
to let the sunshine in.
____________________