[Congressional Record Volume 167, Number 48 (Monday, March 15, 2021)]
[Senate]
[Pages S1515-S1516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                             Sunshine Week

  Now, Madam President, on another point, our democracy was built, as 
we all know, for the people, by the people, and, hence, is accountable 
to the people. The best way to be accountable is through transparency. 
So I come to the floor today, like I have a lot of years at this time 
of the year, to celebrate an important week that we celebrate then, 
regularly, and it is known as Sunshine Week.
  During this week, we celebrate the birth of the fourth President of 
the United States, James Madison. Madison, as we all know, was the 
father of the Constitution, and maybe we don't know so much about him, 
but he also happens to be a father of the Constitution that believed in 
open government. He believed that access to information and meaningful 
oversight and accountability are foundational to the American system of 
government. In other words, the public's business ought to be public.
  This year, I am continuing the Madison legacy by introducing several 
pieces of legislation. I am also asking the Government Accountability 
Office to look into how the Freedom of Information Act, or FOIA as we 
call it, has been impacted by the pandemic.
  First, on the judicial side of things, I am again advocating for 
cameras in the courts. In the last year, nearly every major 
institution, from schools to Congress, have adapted to the pandemic by 
being virtual. So I believe bringing cameras into the Federal 
courtrooms would also bring in the public and open up access to our 
third branch of government.
  At the same time, I am also asking the courts to provide transparency 
into our civil justice system by requiring the disclosure of all 
parties in a case. Litigation funders, such as hedge funds, are 
providing money to plaintiffs to bring lawsuits. This is all done in 
secret.
  For many reasons, everyone involved in the case, including the judge 
and including the defendant, should know that these parties funding 
these lawsuits exist--in other words, who they are. They are big 
players, or maybe you wouldn't have those cases.
  On the executive side, one of the most important tools the public has 
to hold its government accountable is the Freedom of Information Act, 
FOIA. Before its passage, people had to justify their need for 
information to the government.
  Can you believe there was a time when, for the public's business, 
which

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ought to be public, you had to justify the need for information? So 
FOIA was passed. After that passage, the government now has to justify 
its refusal to release information to you.
  In 2016, we took FOIA one step further by requiring the government to 
proactively disclose information. These obligations are mandatory, even 
during unforeseen circumstances. I am deeply concerned that those 
obligations of that recent legislation are not being met. Even before 
the pandemic, the Government Accountability Office reported a 
significant increase in the number of FOIA requests and a big backlog 
in addressing those requests.
  Last May, the Department of Justice reported that the coronavirus 
impacted FOIA processing governmentwide, as many agencies had limited 
ability to retrieve and process FOIA requests. That is why I am joining 
Senators Durbin, Leahy, and Cornyn in asking the GAO to examine FOIA 
processes and procedures in light of the coronavirus pandemic.
  Our hope is to continue refining FOIA to make government information 
accessible in good times and in bad. The public's business should be 
public, maybe I should say except for national security reasons or 
privacy reasons.
  Many of you know I am an Iowa farmer. I know that without sunshine, 
there cannot be growth, and both corn and democracy thrive in the 
light. Remember, once again, this is Sunshine Week. Transparency brings 
accountability.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Ms. Duckworth). The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. CORNYN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered