[Congressional Record Volume 169, Number 47 (Tuesday, March 14, 2023)]
[Senate]
[Pages S767-S768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUNSHINE WEEK
Mr. GRASSLEY. Mr. President, I come to the floor today to commemorate
Sunshine Week. Sunshine Week coincides each year with March 16, one of
our Founding Fathers' birthdays: James Madison. Madison is widely known
as the father of open government.
The sunshine I am talking about isn't the kind that helps the corn
grow in Iowa. Sunshine Week is dedicated to promoting government
accountability to the source from which all government derives its
power: the people. Before joining the Supreme Court in 1916, Justice
Louis Brandeis wrote: ``Sunlight is said to be the best of
disinfectants: electric light the most efficient policeman.'' As a
longtime champion for an open, accessible government, I speak today in
support of those enduring principles.
In great works of literature, readers often remember a novel's
opening line even if they forget the rest. When one hears that line, it
immediately calls to mind the entire book. Well the same is true of our
Constitution, a document that both defines the powers of the
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Federal Government and, at the same time, carefully limits those
powers.
``We The People.'' These are not the opening words of a novel, but
they are just as memorable as the best opening lines in literature.
These solemn words form the opening line of our framework of our
government, the Constitution.
This is not an accident. Our Founders and Framers made a conscious
choice to open our sacred charter by calling to mind the source of all
government powers, from local school boards to the deliberations of
this Chamber: the people of our United States, as James Madison said,
acting in their sovereign capacity. These are truths we must repeat
often, so that we never forget them. The people in this framework are
in control. To use the analogy of the sun, whatever promotes self-
governance, spoken of in our Declaration of Independence, is sunshine.
Whatever hinders the people in their right to govern their communities
is darkness.
As the Federal Government has grown in size and scope, all too often
bureaucrats prefer to live in the shadows of the bureaucracy. They
forget that they are ultimately accountable to the people. Because of
this, Congress has passed a series of laws requiring openness and
accountability to citizens and taxpayers. Just like we need information
from government agencies to decide how to cast many of our votes in
Congress, so too do the American people need this information to
fulfill their role, and to cast theirs.
This week is meant to draw attention to this need for openness,
especially the Freedom of Information Act, which requires government
Agencies to produce documents enlightening citizens as to what Agencies
are doing. There is also the inherent constitutional power that Members
of Congress have to conduct oversight and launch investigations.
Despite this framework of laws and the bedrock principles of our
Constitution, Agencies day in and day out fight tooth and nail so they
won't have to turn over records when people file Freedom of Information
Act requests and even when Members of Congress make requests for
information. The Freedom of Information Act is a key law for providing
transparency in government. Exemptions that allow records to be
withheld should only be used when necessary and not as an excuse to
withhold potentially embarrassing information. Federal Agencies must
also reverse the trend of ever-increasing FOIA backlogs.
For example, according to annual FOIA reports, the Department of
Homeland Security saw its FOIA backlog double at the end of fiscal year
2022 from the previous fiscal year. They are not alone. The Justice
Department, Defense Department, and State Department all saw increases
in their FOIA backlogs from the prior year. Federal Agencies need to do
better.
I continue to work for laws that strengthen the Freedom of
Information Act and other measures that will ensure the people's
business is conducted in public, not in private. I am planning to
reintroduce a bipartisan bill to ensure FOIA remains a useful public
tool and to push back against recent case law that erodes greater
transparency. This bill will restore pro-transparency principles and
will make it crystal clear where Congress stands on the public's right
to know what our government is doing.
To mark ``Sunshine Week,'' I am also introducing the bipartisan
Sunshine in the Courtroom Act, which would permit and encourage all
Federal courts to welcome cameras into the courtroom. I am also
cosponsoring, with Senator Durbin, a companion bill which would require
the U.S. Supreme Court to televise the arguments heard before them. I
thank my Senate colleagues who are joining me as cosponsors on these
important pieces of legislation.
I have supported the long overdue release of records on the
assassination of President Kennedy. I support efforts and conduct
oversight on a daily basis that bring information on our government's
operation to the light of day. I have also long supported
whistleblowers, who play a vital role in shining the light on waste,
fraud, and abuse.
By reintroducing the SEC Whistleblower Reform Act, I am working to
ensure whistleblowers who report possible violations of our Federal
securities laws are fully protected, whether they take their concerns
to the SEC or to someone in their company. My office has worked with
whistleblowers and groups protecting their rights for decades. It is an
essential part of our work. As Agencies all too often resist turning
over the information we need to do our jobs, whistleblowers fill that
gap with firsthand accounts of potential wrongdoing. To those
whistleblowers: You are true patriots.
Corruption is a problem in our own government, but it is also a
global problem. I support the rights of whistleblowers everywhere in
their efforts to bring sunshine to corruption and aid people in their
rightful quest to govern themselves.
Finally, I have been a long-time supporter of the False Claims Act.
Since 1986, when I led the effort to update the False Claims Act, that
law has helped the government recover $72 billion in taxpayer money
from fraud and likely saved billions more by deterring would be
fraudsters. The False Claims Act is a tool by which we can--and must--
hold fraudsters accountable.
That is why I also reintroduced the bipartisan Administrative False
Claims Act again this Congress. That legislation raises the statutory
ceiling on claims that can be handled with administrative procedures
from $150,000 to $1 million, expands the number of Justice Department
officials who can review these claims, and allows the government to
recoup costs for investigating and prosecuting these frauds. The
legislation makes pursuing fraudsters more efficient.
We need to take all possible steps to let the sunshine in. If we do,
we will have a better and more accountable government that serves the
people as it should.
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