[Congressional Record: March 15, 2010 (Senate)]
[Page S1517-S1529]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY (for himself and Mr. Cornyn):
S. 3111. A bill to establish the Commission on Freedom of Information
Act Processing Delays; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, this week, the Nation commemorates Sunshine
Week--a time to educate the public about the importance of open
government. In recognition of Sunshine Week 2010, I am pleased to join
with Senator Cornyn to introduce the Faster FOIA Act of 2010, a bill to
improve the implementation of the Freedom of Information Act, FOIA.
Senator Cornyn and I first introduced this bill in 2005 to address
the growing problem of excessive FOIA delays within our Federal
agencies.
[[Page S1518]]
Our decision to reintroduce the Faster FOIA Act this year is the most
recent example of our bipartisan efforts to help reinvigorate FOIA.
Today, thanks to the reforms contained in the Leahy-Cornyn OPEN
Government Act of 2007, millions of Americans who seek information
under FOIA will experience a process that is much more transparent and
less burdened by delays. In 2009, President Obama signed the OPEN FOIA
Act into law. That bill is the result of another successful
collaboration with Senator Cornyn and me that is making the process for
creating new legislative exemptions to FOIA more transparent.
While both of these legislative accomplishments are strengthening
FOIA, more reforms are needed.
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. These mounting FOIA backlogs are simply
unacceptable.
The Faster FOIA Act will help to reverse these troubling statistics
by establishing a bipartisan Commission to examine the root causes of
agency delay. The commission created by this bill will make
recommendations to Congress for reducing impediments to the efficient
processing of FOIA requests.
The commission will also examine whether the current system for
charging fees and granting fee waivers under FOIA should be modified.
Lastly, the commission will 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.
Thomas Jefferson once wisely observed that ``information is the
currency of democracy.'' I share this view. I also firmly believe that
the Faster FOIA Act will help ensure the dissemination of Government
information, so that our democracy remains vibrant and free.
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. As we celebrate Sunshine Week, it is in this
bipartisan spirit that I join Americans from across the Nation in
celebrating an open and transparent government. I urge all of my Senate
colleagues to support the Faster FOIA Act.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, 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)--
(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).
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