“Sunshine Week (Executive Session)” published by the Congressional Record on March 15

“Sunshine Week (Executive Session)” published by the Congressional Record on March 15

Volume 167, No. 48 covering the 1st Session of the 117th Congress (2021 - 2022) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“Sunshine Week (Executive Session)” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S1515-S1516 on March 15.

The Department is one of the oldest in the US, focused primarily on law enforcement and the federal prison system. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, detailed wasteful expenses such as $16 muffins at conferences and board meetings.

The publication is reproduced in full below:

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 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

SOURCE: Congressional Record Vol. 167, No. 48

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