[Congressional Record: August 1, 2011 (Senate)]
[Page S5197-S5199]
FASTER FOIA ACT OF 2011
Mr. REID. Mr. President, I ask unanimous consent that the Senate now
proceed to the consideration of S. 1466.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1466) to establish the Commission on Freedom of
Information Act Processing Delays.
There being no objection, the Senate proceeded to consider the bill.
Mr. LEAHY. Mr. President, today, I joined Senator Cornyn in
reintroducing the Faster FOIA Act of 2011, a bipartisan bill to
strengthen the Freedom of Information Act, FOIA. Last week, the House
Republican leadership stripped these FOIA provisions from legislation
that unanimously passed the Senate in May as part of a procedural
maneuver to address unrelated issues surrounding the debt limit. I urge
the Senate to promptly reaffirm its bipartisan commitment to open
government and to once again pass the Leahy-Cornyn Faster FOIA Act of
2011 so that this good government bill can be enacted into law.
The Faster FOIA Act enjoys broad bipartisan support from across the
political spectrum. The Senate unanimously passed this bill in May,
after the Judiciary Committee favorably reported the bill by voice
vote. Recently, more than 35 transparency organizations urged the House
Committee on Oversight and Government Reform to act on this
legislation. On July 26, the Washington Post editorialized that the
House should promptly enact this bipartisan bill to improve the FOIA
process.
Senator Cornyn and I first introduced the Faster FOIA Act in 2005 to
address the growing problem of excessive FOIA delays within our Federal
agencies. During the intervening years, the problem of excessive FOIA
delays has not gone away. We reintroduced this bill in 2010, and the
Senate unanimously passed it last year. The current bill is the most
recent product of our bipartisan work to help reinvigorate FOIA.
The Faster FOIA Act would establish a bipartisan Commission on
Freedom of Information Act Processing Delays to examine the root causes
of excessive FOIA delays. The Commission would recommend to Congress
and the President steps that should be taken to reduce these delays so
that the administration of the FOIA is more equitable and efficient.
[[Page S5198]]
The Faster FOIA Act will help ensure the dissemination of government
information to the American people so that our Democracy remains
vibrant and free. This is a laudable goal that we all share. Neither
Chamber of Congress should allow partisan politics to obstruct the
important goal of this bill.
The ongoing debate in Congress about the national debt has made clear
that we must find ways to work together, across party lines and
ideologies, to address the many challenges facing our Nation. This
bipartisan spirit is at the core of the Faster FOIA Act. 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. I urge the Senate to promptly pass this bill and I hope
that the House of Representatives will quickly follow suit and enact
this good government measure.
I ask unanimous consent that the Washington Post editorial entitled:
``Time to Reinforce FOIA'' be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Washington Post, July 26, 2011]
Freedom of Information Act Needs a Push
This year marks the 45th anniversary of the Freedom of
Information Act, FOIA, a crucial, if sometimes sluggish,
vehicle through which journalists can demand greater
government openness and accountability. In May, in a rare
moment of bipartisanship, Sens. Patrick Leahy (D-Vt.) and
John Cornyn (R-Tex.) won unanimous Senate passage of the
Faster FOIA Act, which would establish an advisory panel to
examine the backlog of more than 69,000 FOIA requests. It's
time for the House to take it up.
While the panel would be authorized only to provide
Congress with recommendations for further action to enhance
the filing and receipt of FOIA requests, it would be a small
step forward. At best, the panel could develop the means to
enforce the 20-day standard for the screening of requests,
which, in reality, can take months or years.
As much as FOIA can be a journalist's best friend, it can
also be a nightmare. Despite amendments in 2007 and 2009, the
FOIA process remains beset by incompetence and lack of
guidance for evaluating requests. ``The overarching problem
is inadequate implementation and compliance among the
agencies,'' Malcolm Byrne, deputy director at the National
Security Archive, told us.
Despite a 2009 executive order that instructed all federal
agencies to open more documents to the public--to err on the
side of openness when deciding whether to release documents--
government offices have classified more documents since
President Obama took office, according to the Federation of
American Scientists.
The executive order tried to force all federal agencies to
implement new regulations to ensure greater transparency in
the disclosure process. But this hasn't happened, either. A
report by the Information Security Oversight Office in April
found that less than half of 41 evaluated agencies had made
significant efforts toward this end.
These facts should reinforce the need for progress, however
modest, when it comes to improving the FOIA process. While
there was no opposition to the Faster FOIA legislation in the
Senate, Rep. Darrell Issa (R-Calif.), chairman of the House
Oversight and Government Reform Committee, has yet to take a
position on the bill, according to a spokesman. We urge him
to embrace it in the same bipartisan spirit as the Senate,
and to do so immediately.
Mr. REID. Mr. President, I ask unanimous consent that the bill be
read three times and passed, the motion to reconsider be laid upon the
table, there be no intervening action or debate, and any statements
relating to this matter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 1466) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 1466
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 2011''.
(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 12
members of whom--
(A) 2 shall be appointed by the chairman of the Committee
on the Judiciary of the Senate;
(B) 2 shall be appointed by the ranking member of the
Committee on the Judiciary of the Senate;
(C) 2 shall be appointed by the chairman of the Committee
on Government Reform of the House of Representatives;
(D) 2 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 2
appointees under each of subparagraphs (A), (B), (C), and (D)
of paragraph (1) at least 1 shall have experience as a FOIA
requestor, or 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;
(D) any recommendations on how the use of exemptions under
section 552(b) of title 5, United States Code, may be
limited; and
(E)(i) whether any disparities in processing, processing
times, and completeness of responses to FOIA requestors have
occurred based upon political considerations, ideological
viewpoints, the identity of the requestors, affiliation with
the media, or affiliation with advocacy groups;
(ii) if any disparities have occurred, why such disparities
have occurred; and
(iii) the extent to which political appointees have been
involved in the FOIA process.
(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.--
(1) In general.--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.
(2) Payment of expenses.--
(A) Staff salaries.--The Archivist of the United States
shall pay staff expenses relating to salaries under this
subsection from available appropriations in the applicable
account for salaries of the National Archives and Records
Administration.
(B) Administrative support services.--Except as provided
under subparagraph (A), the Archivist of the United States
shall pay staff and administrative expenses under this
subsection from available appropriations in the operating
expenses account of the National Archives and Records
Administration.
(3) Appropriations requests.--Expenses paid under this
subsection shall not form the basis for additional
appropriations requests from the National Archives and
Records Administration in the future.
(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.--
[[Page S5199]]
(1) In general.--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.
(2) Payment of expenses.--The Administrator of General
Services shall pay travel expenses under this subsection from
available appropriations in the operating expenses account of
the General Services Administration.
(3) Appropriations requests.--Expenses paid under this
subsection shall not form the basis for additional
appropriations requests from the National Archives and
Records Administration in the future.
(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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