[Congressional Record: May 5, 2010 (Senate)]
[Page S3289-S3291]
FASTER FOIA ACT OF 2010
Mr. DODD. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No 350, S. 3111.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3111) to establish the Commission on Freedom of
Information Act Processing Delays.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with
amendments, as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italics.)
S. 3111
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 2010''.
(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;
(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.]
(2) Qualifications of congressional appointees.--Of the 3
appointees under each of subparagraphs (A), (B), (C), and (D)
of paragraph (1) at least 2 shall have experience in academic
research in the fields of library science, information
management, or public access to Government information.
(3) Timeliness of appointments.--Appointments to the
Commission shall be made as expeditiously as possible, but
not later than 60 days after the date of enactment of this
Act.
(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[.]; and
(3) examine and determine--
(A) why the Federal Government's use of the exemptions
under section 552(b) of title 5, United States Code,
increased during fiscal year 2009;
(B) the reasons for any increase, including whether the
increase was warranted and whether the increase contributed
to FOIA processing delays;
(C) what efforts were made by Federal agencies to comply
with President Obama's January 21, 2009 Presidential
Memorandum on Freedom of Information Act Requests and whether
those efforts were successful; and
(D) make recommendations on how the use of exemptions under
section 552(b) of title 5, United States Code, may be
limited.
(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.
[[Page S3290]]
(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 commend the Senate in promptly passing
the Leahy-Cornyn Faster FOIA Act of 2010--an important measure to
improve the administration of the Freedom of Information Act, FOIA.
This bill will establish a bipartisan commission to examine the root
causes of agency FOIA delays and to recommend to the Congress and the
President steps to help eliminate FOIA backlogs.
Senator Cornyn and I first introduced this bill in 2005 to address
the growing problem of excessive FOIA delays within our Federal
agencies. In the 5 years since, we have successfully worked together to
reinvigorate FOIA through several other legislative initiatives. I
thank Senator Cornyn for his work on this bill and for his leadership
on this issue. I also thank Senators Feingold, Whitehouse and
Klobuchar, who have cosponsored this bill. We have also worked with
Senator Grassley and Senator Sessions to make further improvements.
The Obama administration has also made significant progress in
improving the FOIA process. In March, the administration announced that
the number of overdue FOIA cases fell by 50 percent governmentwide
during the past year. This is good news. But large FOIA backlogs remain
a major roadblock to public access to information.
According to the Department of Justice's Freedom of Information Act
Annual Report for Fiscal Year 2009, the Department had a backlog of
almost 5,000 FOIA requests at the end of 2009. The Department of
Homeland Security's report for the same period shows a backlog of
18,918 FOIA requests.
The Associated Press recently reported that more than 67,000 overdue
FOIA requests remain outstanding across the Federal Government. Their
report also indicates that that the government's use of FOIA exemptions
to withhold information from the public which often contributes to FOIA
delays increased during fiscal year 2009.
Senator Cornyn and I believe that these delays are simply
unacceptable. And that is why we introduced this bill.
The Commission created by the Faster FOIA Act will make key
recommendations to Congress and the President for reducing impediments
to the efficient processing of FOIA requests. The Commission will also
study why Federal agencies are relying more and more on FOIA exemptions
to withhold information from the public. In addition, the Commission
will examine whether the current system for charging fees and granting
fee waivers under FOIA should be modified. The Commission will be made
up of government and nongovernmental representatives with a broad range
of experience related to handling FOIA requests.
I have said many times that open government is neither a Democratic
issue nor a Republican issue--it is truly an American value and virtue
that we all must uphold. The Senate will unanimously pass this
bipartisan legislation. I hope that the House of Representatives will
promptly consider this bill so that Congress can send it to the
President before the end of the year.
Mr. DODD. Mr. President, I ask unanimous consent that the committee-
reported amendments be considered; that a Leahy-Cornyn amendment, which
is at the desk, be agreed to; that the committee-reported amendments be
agreed to; that the bill, as amended, be read a third time and passed,
the motion to reconsider be laid upon the table, with no intervening
action or debate, and that any statements relating to the bill be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Committee amendments were agreed to.
The amendment (No. 3847) was agreed to, as follows:
(Purpose: To provide for the Archivist of the United States to provide
staff and administrative support services to the Commission)
On page 6, line 5, strike ``The Comptroller General of the
United States'' and insert ``The Archivist of the United
States''.
On page 7, strike lines 1 through 3, and insert the
following:
(j) Transparency.--All meetings of the Commission shall be
open to the public, except that a meeting, or any portion of
it, may be closed to the public if it concerns matters or
information described in chapter 552b(c) of title 5, United
States Code. Interested persons shall be permitted to appear
at open meetings and present oral or written statements on
the subject matter of the meeting. The Commission may
administer oaths or affirmations to any person appearing
before the Commission.
The bill (S. 3111), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 3111
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 2010''.
(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;
(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) at least 2 shall have experience in academic
research in the fields of library science, information
management, or public access to Government information.
(3) Timeliness of appointments.--Appointments to the
Commission shall be made as expeditiously as possible, but
not later than 60 days after the date of enactment of this
Act.
(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;
(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; and
(3) examine and determine--
(A) why the Federal Government's use of the exemptions
under section 552(b) of title 5, United States Code,
increased during fiscal year 2009;
(B) the reasons for any increase, including whether the
increase was warranted and whether the increase contributed
to FOIA processing delays;
(C) what efforts were made by Federal agencies to comply
with President Obama's January 21, 2009 Presidential
Memorandum on Freedom of Information Act Requests and whether
those efforts were successful; and
(D) make recommendations on how the use of exemptions under
section 552(b) of title 5, United States Code, may be
limited.
(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
Archivist 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
[[Page S3291]]
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) Transparency.--All meetings of the Commission shall be
open to the public, except that a meeting, or any portion of
it, may be closed to the public if it concerns matters or
information described in chapter 552b(c) of title 5, United
States Code. Interested persons shall be permitted to appear
at open meetings and present oral or written statements on
the subject matter of the meeting. The Commission may
administer oaths or affirmations to any person appearing
before the Commission.
(k) Termination.--The Commission shall terminate 30 days
after the submission of the report under subsection (e).
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