Leahy Pushes For Passage Of Bipartisan Bill; Republicans Block Latest Attempt

WASHINGTON (Friday, July 27) -- Republican objections continue to stall efforts to pass a bipartisan bill that would strengthen open government laws, with the latest example occurring late Thursday evening before the Senate adjourned for the week. An attempt by Democratic senators to bring the bill up for debate was blocked by Republicans. This was one of several attempts in recent months by the Democratic leadership to pass the bill, which is cosponsored by Senators Patrick Leahy, D-Vt., and John Cornyn, R-Texas. Below is Senator Leahy’s comment, followed by the unofficial transcript of the Senate floor proceedings.

Comment Of Senator Patrick Leahy, D-Vt.,
Chairman, Judiciary Committee,
On Efforts To Pass OPEN Government Act
July 27, 2007

“The Republican obstructionism continues in the Senate and the latest casualty is Americans’ access to their government. I am deeply disappointed that Republicans continue to block attempts to pass the Openness Promotes Effectiveness in our National Government Act” (“OPEN Government Act”).

“For more than two years, I have worked on a bipartisan basis to enact this important Freedom of Information Act reform legislation, and I remain committed to work with any Senator of either party who is seriously committed to restoring openness, accountability and trust in our government. It is unfortunate that this bipartisan bill, which promotes sunshine and transparency in our government, is being held up by some Republicans who refuse to debate this bill in public.

“The OPEN Government Act promotes and enhances public disclosure of government information under FOIA, by helping Americans to obtain timely responses to their FOIA requests and improving transparency in the federal government’s FOIA process. During the Judiciary Committee’s recent hearing on this bill, we learned that, although FOIA remains an indispensable tool in shedding light on bad policies and government abuses, this open government law is being hampered by excessive delays and lax FOIA compliance. Today, Americans who seek information under FOIA remain less likely to obtain it than during any other time in FOIA’s four decades of service. This bill would help to reverse this trend and to restore the public’s trust in their government.

“This is a good-government bill that Democrats and most Republicans are working together to enact, and I hope the few Republican opponents who are standing in the way will stop obstructing and work in a cooperative way with us toward a resolution.”

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(Congressional Record transcript from Senate floor, July 26, 2007)

Mr. DURBIN. Mr. President, I ask unanimous consent that the majority leader, following consultation with the Republican leader, may at any time proceed to consideration of Calendar No. 127, S. 849, the Openness Promotes Effectiveness in our National Government Act of 2007; that the bill be considered under the following limitations: that there be a time limit of 2 hours of general debate on the bill, with the time equally divided and controlled between the chair and ranking member of the Judiciary Committee or their designees; that the only amendment in order be a Leahy-Cornyn technical amendment, which is at the desk; that upon the use or yielding back of time, the amendment be agreed to, the bill as amended be read three times, and the Senate vote on passage of the bill, with the above occurring without further intervening action or debate.

The PRESIDING OFFICER. Is there objection?

Mr. COCHRAN. Mr. President, it is my understanding that there are ongoing discussions with both sides of the aisle as well as the administration to come up with bipartisan, consensual language on this issue and that we are unable to clear the agreement at this time. Therefore, on behalf of several Republican senators, I object.

The PRESIDING OFFICER. Objection is heard.

Mr. DURBIN. Mr. President, I understand Senator Cochran has expressed the sentiments of some on his side of the aisle. I would like to say for the record that we have made this proposal for several months now. I think those who are trying to move this issue have shown extraordinary patience in trying to reach an accommodation, and this is no reflection on the Senator from Mississippi, who was not involved in this debate, that I know of. It only is a plea to those who are considering the merits of this legislation to try to do so in a timely fashion.

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