Leahy Presses Open Government Agenda
As Nation Celebrates Sunshine Week
Judiciary Committee Chairman
Continues Push
For Government Transparency, Federal Media Shield Law
WASHINGTON
(Thursday, March 20, 2008) – Two issues at the center of the
public’s right-to-know agenda in Congress are in the spotlight as
the nation observes the fourth annual “Sunshine Week.” Senate
Judiciary Committee Chairman Patrick Leahy (D-Vt.) marked an initial
victory against White House efforts to weaken a newly enacted law to
strengthen the Freedom of Information Act (FOIA), and he continued
his push for Senate passage of a federal media shield law.
While the Senate last week considered a budget
proposal that rejected the administration’s attempts to move the
newly established Office of Government Information Services (OGIS)
from the National Archives and Records Administration (NARA) to the
Department of Justice, Leahy was working behind the scenes to try to
secure Senate passage of the
Free Flow of Information Act, long-pending legislation to
establish a federal qualified shield law for journalists and
reporters.
Also in advance of Sunshine Week -- a national
observance spotlighting the importance of open government and
freedom of information -- Leahy and Sen. John Cornyn (R-Texas)
introduced legislation to pull back the curtains on FOIA
exemptions written into legislation passed by Congress.
“As the nation commemorates the fourth annual
Sunshine Week, it’s important to take stock of the successes we have
had this year in reforming the Freedom of Information Act,” said
Leahy. “But we also must take a closer look at what needs to
be done to bring greater transparency to our government.
Enacting a media shield law to protect the free flow of information
has gained new urgency. Reforming FOIA to fulfill the right of
the American people to know what their government is doing is also
important. The Congress should act before the end of this
session to address these issues.”
Media Shield
The Senate Judiciary Committee
voted to
report the Free Flow of Information Act in October, and Leahy
since then has been
urging
the Senate to take action on the bill. At Leahy’s request,
similar legislation passed by the House of Representatives was
placed
directly on the Senate calendar, bypassing the need for further
committee consideration. Before the two-week recess, Leahy
worked to try to clear the media shield law for passage.
“I was pleased that the Free Flow of
Information Act was cleared for Senate passage on the Democratic
side before the Easter recess,” said Leahy. “Unfortunately the
bill remains stalled in the Senate due to the objections of a few
Republican Senators. The legislation the Judiciary Committee
passed last year carefully balances the need to protect confidential
source information with the need to protect law enforcement and
national security interests. Forty-nine states and the District of Columbia currently have
reporters’ shield laws on the books. The federal government
still lags behind.”
Earlier
this month, Leahy and Judiciary Committee Ranking Member Arlen
Specter (R-Pa.) urged the
Senate Majority and Minority Leaders to schedule floor
consideration of the legislation. The Free Flow of Information
Act has the support of dozens of media organizations including the
Vermont Press Association, the New
England Press Association, the Associated Press, the American
Society of Newspaper Editors, The New York Times Company, and The
Washington Post. Recently, the
Media Coalition Supporting the Free Flow of Information Act
recently wrote to Leahy urging Senate passage of the bill.
FOIA
Leahy and Cornyn
last week partnered to introduce the
OPEN FOIA Act which would require Congress to explicitly and
clearly state its intention to provide for statutory exemptions to
FOIA in new legislative proposals. Similar legislation
unanimously passed the Senate in the last Congress. The new
FOIA legislation follows the
passage
of the Leahy-Cornyn
OPEN Government Act, which the President
signed
into law in December, adding the first reforms to FOIA in more
than a decade. The law restores meaningful deadlines for
agency action under FOIA and imposes real consequences on federal
agencies for missing FOIA’s 20-day statutory deadline.
The OPEN Government
Act also established the Office of Government Information Services
(OGIS) within the National Archives and Records Administration
(NARA). The president’s
FY2009
budget request, released to Congress on February 4, 2008,
indicated the administration’s intent to shift the responsibilities
of OGIS from the independent NARA to the Department of Justice.
Leahy and Cornyn (Senator Cornyn is a member of the Senate
Budget Committee) worked to beat back the administration’s efforts.
The Senate-approved budget resolution would reject the President’s
proposal and assumes that OGIS will be established at
NARA
as intended by Congress.
“The Senate last
week rejected the President’s proposal to undermine the intent of
Congress and shift the duties of the FOIA ombudsman,” said Leahy.
“The Senate has shown once again that it supports strengthening
FOIA, and I hope it will act swiftly to pass the OPEN FOIA Act to
keep improvements to the public’s right to know on the march, even
as this era of government secrecy continues.”
Leahy and Cornyn are
longtime leaders in the Senate on open government issues and
recently
penned an op-ed to celebrate Sunshine Week.
News organizations, schools, nonprofit groups and others have
celebrated Sunshine Week
since 2005, and this year’s commemoration is from March 16 to March
22.
# # # # #