Congressional Record: March 10, 2005 (Senate) Page S2484-S2486 STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. CORNYN (for himself and Mr. Leahy): S. 589. A bill to establish the Commission on Freedom of Information Act Processing Delays; to the Committee on the Judiciary. Mr. CORNYN. Mr. President, on February 16, shortly before the President's Day recess in February, the Senator from Vermont and I introduced the OPEN Government Act of 2005--bipartisan legislation to promote accountability, accessibility, and openness in government, principally by strengthening and enhancing the Federal law commonly known as the Freedom of Information Act. When I served as Attorney General of Texas, it was my responsibility to enforce Texas's open government laws. I am pleased to report that Texas is known for having one of the strongest set of open government laws in our Nation. And ever since that experience, I have long believed that our federal government could use ``a little Texas sunshine.'' I am thus especially enthusiastic about the OPEN Government Act, because that legislation attempts to incorporate some of the most important principles and elements of Texas law into the federal Freedom of Information Act. Today, I am pleased to join the Senator from Vermont again, to commence another bipartisan effort to reinforce our national commitment to freedom of information and openness in government. Indeed, this is an especially appropriate time to promote this important cause, because starting this Sunday, America will observe the first-ever national Sunshine Week--a celebration of our nation's founding principles and commitment to freedom of information and openness in government. It is also long past due. It has been nearly a decade since Congress has approved major reforms to the Freedom of Information Act. Moreover, a Senate Judiciary subcommittee hearing that the Senator from Vermont and I will lead next Tuesday morning to examine our open government laws will be the first such hearing since 1992. The Faster FOIA Act of 2005 would establish an advisory Commission on Freedom of Information Act Processing Delays. The Commission would be charged with reporting to Congress and the President its recommendations for steps that should be taken to reduce delays in the administration of the Freedom of Information Act. The Commission would be comprised of 16 members. Twelve of them would be appointed by members of Congress--three by the chairman of the Senate Judiciary Committee, three by the chairman of the House Government Reform Committee, and three each by the ranking minority member of the two committees. These four members of Congress would each be required to appoint at least one member to the Commission with experience submitting FOIA requests on behalf of nonprofit research or educational organizations or news media organizations, and at least one member with experience in academic research in the fields of library science, information management, or public access to Government information. The remaining four positions on the Commission would be held by designees of the Attorney General, the Director of the Office of Management and Budget, the Archivist of the United States, and the Comptroller General. The Commission would be responsible for producing a study to identify methods to reduce delays in the processing of FOIA requests and to ensure the efficient and equitable administration of FOIA throughout the Federal Government. The Commission would also be charged with examining whether the system for charging fees and granting fee waivers under FOIA should be reformed in order to reduce delays in processing fee requests. The report would be due no later than one year after the date of enactment of this Act, and would include recommendations for legislative and administrative action to enhance FOIA performance. The Commission would expire thirty days after the submission of the report. The Faster FOIA Act is important legislation to strengthen openness in our Federal Government, and I am pleased to join with the Senator from Vermont once again in furtherance of this cause. I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the bill was ordered to be printed in the Record, as follows: S. 589 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS. (a) Short Title.--This Act may be cited as the ``Faster FOIA Act of 2005''. (b) Establishment.--There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ``Commission'') for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (c) Membership.-- (1) In general.--The Commission shall be composed of 16 members of whom-- (A) 3 shall be appointed by the chairman of the Committee on the Judiciary of the Senate; [[Page S2486]] (B) 3 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate; (C) 3 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives; (D) 3 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives; (E) 1 shall be appointed by the Attorney General of the United States; (F) 1 shall be appointed by the Director of the Office of Management and Budget; (G) 1 shall be appointed by the Archivist of the United States; and (H) 1 shall be appointed by the Comptroller General of the United States. (2) Qualifications of congressional appointees.--Of the 3 appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1)-- (A) at least 1 shall have experience in submitting requests under section 552 of title 5, United States Code, to Federal agencies, such as on behalf of nonprofit research or educational organizations or news media organizations; and (B) at least 1 shall have experience in academic research in the fields of library science, information management, or public access to Government information. (d) Study.--The Commission shall conduct a study to-- (1) identify methods that-- (A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and (B) ensure the efficient and equitable administration of that section throughout the Federal Government; and (2) examine whether the system for charging fees and granting waivers of fees under section 552 of title 5, United States Code, needs to be reformed in order to reduce delays in processing requests. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President containing the results of the study under this section, which shall include-- (1) a description of the methods identified by the study; (2) the conclusions and recommendations of the Commission regarding-- (A) each method identified; and (B) the charging of fees and granting of waivers of fees; and (3) recommendations for legislative or administrative actions to implement the conclusions of the Commission. (f) Staff and Administrative Support Services.--The Comptroller General of the United States shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform its functions efficiently and in accordance with this section. (g) Information.--To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may require to carry out its functions. (h) Compensation of Members.--Members of the Commission shall serve without compensation for services performed for the Commission. (i) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (j) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. (k) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (e). Mr. LEAHY. Mr. President, I am pleased to join my colleague from Texas, Senator John Cornyn, in introducing what is our second cooperative action in this Congress to improve the implementation of the Freedom of Information Act, or FOIA. This bill, called the ``Faster FOIA Act of 2005,'' responds to commonly voiced concerns of FOIA requestors over agency delay in processing requests. I want to express my appreciation to all of the FOIA officers and other Federal employees who work hard to process FOIA requests quickly and efficiently. I know that many simple requests are filled within a few days, and I understand that complex requests dealing with national security issues can take time for declassification, redaction, or release, as appropriate. There are, nonetheless, significant delays at many agencies. In 2003, a non-governmental organization, the National Security Archive, looked into just how long some FOIA requests are left unfulfilled. The group found that the oldest requests dated back to the late 1980s, before the collapse of the Soviet Union. The oldest of these was a request to the FBI for information on the Bureau's activities at the University of California. First filed in November 1987, this request was partially fulfilled in 1996 after extensive litigation. According to the National Security Archive, the documents that were released revealed ``unlawful FBI intelligence activities and the efforts to cover up such conduct.'' After a 2002 article in the San Francisco Chronicle, and inquiries from Senator Feinstein, the Bureau acknowledged that there were at least 17,000 pages of records that still had not been produced. Since then, some data has been released, but the requestor recently told me that he believes more than 15,000 pages remain outstanding. This is an extreme case, but delays are commonplace. Sometimes slowdowns are caused by poorly managed or decentralized data systems that result in an agency not knowing what documents are located where. Other times, components within a single agency do not effectively communicate with one another, so that no one can say whether a request has been filled or not. Finally, we have heard anecdotal evidence of certain agencies engaging in protracted disputes over fee waivers sought by FOIA requestors. I have worked closely with the Government Accountability Office over the past few years to obtain detailed analysis of how fees are collected and how fee waiver requests are processed. The analysts at GAO have looked long and hard at these issues. I am grateful for their efforts and look forward to the results of their study later this year. One of the problems faced by GAO, and anyone else who has looked into agency delay, is the lack of comprehensive reporting data. We address this problem in our companion bill, S.94, the Open Government Act, by calling for more detailed reporting from agencies on FOIA processing. These issues deserve a closer look in the short term, however. In this bill, we propose to establish a commission to review agency delay and to make recommendations for reducing impediments to the efficient processing of requests. The Commission would also examine whether the system for charging fees and granting waivers should be modified. The Commission would be made up of government and non-governmental representatives with a broad range of experience in both submitting and handling FOIA requests, in information science, and in the development of government information policy. I understand that many requests are complex and that the resources devoted to agency FOIA processing are often lacking. Our companion bill, S. 394, the Open Government Act, addresses this issue by establishing a FOIA ombudsman requiring the Office of Personnel Management to examine how FOIA can be better implemented at the agency level. If the Commission finds that limited resources are a significant factor in slowing down the fulfillment of requests, then Congress should address the issue by increasing funding levels for FOIA processing. I want to thank the Senator from Texas for his diligent work and flexibility in crafting a Commission structure that is balanced and fair, and that will bring extraordinary expertise to solving these nettlesome problems. I urge all of our colleagues to support the Faster FOIA Act, which has the potential to help agencies and requestors alike in the service of open government. ______