Prepared Floor Statement by Senator Chuck Grassley of Iowa
Chairman, Senate Judiciary Committee
Strengthening the Freedom of Information Act
Tuesday, March 15, 2016

Mr. President, last week, when the Senate passed the Comprehensive Addiction and Recovery Act, I spoke about the good work that’s getting done in the Senate since Republicans took over.  Time and again, we’ve seen both sides of the aisle come to together to find practical solutions to real problems facing the American people.  That’s the way the Senate’s supposed to work.  And we need to keep that momentum as we move forward to tackle other critical issues.  

As Chairman of the Judiciary Committee, I continue to be proud of the role we’ve played in getting work done in a bipartisan manner.  Today, the Senate is poised to unanimously approve another Judiciary Committee bill that solves real problems and is supported by folks on all ends of the political spectrum.  Don’t get me wrong.  Finding agreement on both sides of the aisle is no easy task.  Even the most well-intentioned efforts can get bogged in the details.  But the fact that we’re here today is a testament to good faith negotiations and a commitment to make government work for the American people.  And it’s another indication of what this institution can be and what it was meant to be.  

The FOIA Improvement Act makes much-needed improvements to the Freedom of Information Act.  And its passage will mark a critically important step in the right direction toward fulfilling FOIA’s promise of open government.  I’m proud to be an original co-sponsor of the FOIA Improvement Act.  And I want to thank Senator Cornyn and the Ranking Member of the Judiciary Committee, Senator Leahy, for their tireless, bipartisan work to advance this bill through the Senate.   I’m especially proud that the bill’s passage is set to occur during this year’s Sunshine Week, an annual nationwide initiative highlighting the importance of openness and transparency in government.  

This year marks the 50th anniversary of FOIA’s enactment.  FOIA was created to ensure government transparency.  And transparency yields accountability.  For over five decades, FOIA has worked to help folks stay in the know about what their government is up to.  By peeling back the curtains and allowing the sunlight to shine in, FOIA helps fight back against waste, fraud and abuse of the taxpayer’s dollar.  

Despite its successes, a continued culture of government secrecy has served to undermine FOIA’s fundamental promise.  Problems with FOIA have persisted under both Republican and Democrat administrations.  But under President Obama, things have only worsened.  And his commitment to a “new era of openness” has proven illusory at best.  

For example, we’ve seen dramatic increases in the number of backlogged FOIA requests.  Folks are waiting longer than ever to get a response from agencies.  Sometimes, they simply hear nothing back at all.  And we’ve seen a record-setting number of FOIA lawsuits filed to challenge an agency’s refusal to disclose information.  

More and more, agencies are simply finding ways to avoid their duties under FOIA altogether.  They’re failing to proactively disclose information, and they’re abusing exemptions to withhold information that should be released to the public.  

These are serious problems that we’re addressing today to help change the culture in government toward openness and transparency. What we’ve accomplished with this bill—in a bipartisan manner—is a strong step in the right direction.  

Importantly, the bill codifies a presumption of openness for agencies to follow when they respond to FOIA requests.  Instead of kneejerk secrecy, the presumption of openness tells agencies to make openness and transparency their default setting.  

This is just one of the bill’s timely and important reforms to the FOIA process.  And they will help ensure a more informed citizenry and a more accountable government.

So I’m pleased to see this bill move through the Senate.  President Obama has an opportunity to join with Congress in securing some of the most substantive and necessary improvements to FOIA since its enactment.  

On July 4th of this year, FOIA turns 50.  Let’s continue this strong, bipartisan effort to send a bill to the President’s desk before then.  Let’s work together to help fulfill FOIA’s promise.  I ask unanimous consent that my full statement be included in the record.   

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