[Congressional Record Volume 153, Number 45 (Thursday, March 15, 2007)]
[Extensions of Remarks]
[Page E553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E553]]


             FREEDOM OF INFORMATION ACT AMENDMENTS OF 2007

                                 ______
                                 

                               speech of

                             HON. TOM DAVIS

                              of virginia

                    in the house of representatives

                       Wednesday, March 14, 2007

  Mr. TOM DAVIS of Virginia. Mr. Speaker, for 40 years, the Freedom of 
Information Act (FOIA) has ensured the public's access to Government 
records. The 1966 act replaced the old ``need to know'' standard with 
today's ``right to know'' practice, placing the burden on the 
government to justify any need for secrecy. However, the FOIA process 
has recently struggled to keep up with the public's demand for 
documents. Since 2002, FOIA requests have increased 71 percent. This 
additional volume has delayed the processing of some requests.
  Not long ago, President Bush signed an Executive Order to make FOIA 
operations more citizen-centric and results-oriented by requiring every 
agency to name a Chief FOIA Officer, establish a FOIA Requester Service 
Center, identify underperforming areas, and formulate a plan to 
implement improvements.
  Legislation designed to streamline and improve the FOIA process was 
introduced last Congress by the gentleman from Texas, Mr. Smith. His 
bill had moved through subcommittee to the full committee, with the 
assistance of the gentleman from Pennsylvania, Mr. Platts. The 
Executive Order adopted many of the process improvements contained in 
that bill.
  The Majority took this bill and made additional changes, moving 
beyond process reforms.
  First, the attorney's fee provision appears to lower the bar 
attorney's fees eligibility. The Supreme Court has ruled on this 
matter, and it appears some want to codify old, more lucrative, law. We 
should take a close look at this provision. There is a great deal of 
talk about freedom of information, and open Government, and the public 
right to know. But I hope when we scratch the surface of this bill, it 
is not about money.
  Second, the Majority has listened to vocal special interest 
complaints about the so-called Ashcroft memo, and is attempting to 
codify the policies of former Attorney General Reno. I hope we can come 
to real bipartisan agreement on this provision as we move forward.
  Improving the procedural aspects of FOIA should be our goal here 
today. It is something we all agree on. Although the debate on the 
appropriate balance between open access and protected records will 
continue, I trust we will find a way to balance National Security with 
the vital principles of open Government.

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