I
come to the floor today to celebrate Sunshine Week, an important week in our
system of self-government.
For
the last 17 years, advocacy groups, good government watchdogs, media
organizations and many members of this body, have joined forces to observe the
importance of transparency and freedom of information.
As
a longtime champion for an open, accessible government, I speak today in
support of those enduring principles.
Sunshine
Week coincides each year with March 16.
That’s
the day one of our nation’s founding fathers and fourth president of the United
States, James Madison, was born.
Madison
is widely known as the Father of the Constitution and the Bill of Rights.
From
his writings in the Federalist Papers, you might say he was the architect who
framed our system of checks and balances.
Madison
believed all powers of the government are derived of, by and for the people.
And
that’s what brings me to the floor today, Mr. President.
The
public has a right to know what their government is doing and how it’s spending
tax dollars.
Through
Freedom of Information Act (FOIA) requests, everyday Americans can ask a
federal agency for information.
Unfortunately,
federal agencies seem to have the unstated goal of releasing as little
information as possible to the public. Agencies rely on exemptions to FOIA to
withhold information.
A
2021 Government Accountability Office (GAO) study found that federal agencies’
use of FOIA exemptions to avoid disclosing documents doubled from 2012 to 2019.
Most
Americans may not be familiar with the “b 3” FOIA exemption and they don’t need
to be. But they should know that it’s the most used justification by federal
agencies to withhold information from the public.
The
increase in the use of this FOIA exemption to withhold information from the
public is unacceptable.
In
another recent report, the GAO found that FOIA request backlogs increased by
nearly 20 percent from 2019 to 2020. In fact backlogged FOIA requests are up 97
percent since 2012.
Sixteen
federal agencies had more than one thousand backlogged FOIA requests. They
account for 94 percent of backlogged requests across the entire government.
Federal
agencies must do better, and I will work to ensure they’re responding
appropriately and within a reasonable time to FOIA requests.
Congressional
oversight is part of our constitutional assignment: to protect the power of the
purse and ensure laws are faithfully enforced.
Finally,
we must acknowledge the important role of citizens who bravely come forward –
often at great professional risk – to report wrongdoing in our effort to
prevent waste fraud and abuse.
I’ve
often said that whistleblowers are the best line of defense against government
waste. No one shines a brighter light on waste, fraud and abuse than
whistleblowers.
That’s
why I introduced
legislation this Congress to strengthen the False Claims Act. Since 1986, the False Claims Act has helped the government recover $70 billion in
fraud.
And
last year I
asked the Department of Veterans Affairs about allegations that VA employees
leaked potentially market-sensitive information and then retaliated against
whistleblowers.
Nearly
one year later I haven’t received any answers.
As
co-founder and co-chairman of the Whistleblower Protection Caucus, I lead
efforts from Capitol Hill to strengthen protections and raise awareness for
what’s often an uphill battle for whistleblowers.
I
often say they’re treated like skunks at a Sunday picnic.
This
U.S. senator will continue shining the spotlight on waste, fraud and abuse at
the Pentagon and elsewhere.
I
will continue advocating for whistleblowers with every tool at my disposal.
As
an Iowa farmer, I know why farmers make hay when the sun shines.
And
that’s a good lesson for good government.
Sunshine
helps hold government accountable to the people.
