[Congressional Record Volume 156, Number 37 (Monday, March 15, 2010)]
[Senate]
[Pages S1517-S1518]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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).
                                 ______