[Congressional Record Volume 157, Number 41 (Thursday, March 17, 2011)]
[Senate]
[Page S1840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Cornyn, Mr. Whitehouse, and Mr. 
        Tester):
  S. 627. 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 2011, I am pleased to join 
with Senator Cornyn to reintroduce the Faster FOIA Act of 2011, 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. We reintroduced this bill in 2010, and the Senate unanimously 
passed it last year. This bill is the most recent product of our 
bipartisan work to help reinvigorate 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.
  While the Obama administration has made significant progress in 
improving the FOIA process, large backlogs remain a major roadblock to 
public access to information. A report released earlier this week by 
the National Security Archive found that only about half of the Federal 
agencies surveyed have taken concrete steps to update their FOIA 
policies in light of these reforms. In addition, twelve of the agencies 
surveyed by the National Security Archive had pending FOIA requests 
that were more than 6 years old, according to the report.
  Senator Cornyn and I believe that these delays are simply 
unacceptable. And that is why we are introducing 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 more and more relying 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 non-governmental representatives with a broad 
range of experience related to handling FOIA requests.
  Thomas Jefferson once wisely observed that ``information is the 
currency of democracy.'' I share this view. Indeed, we need look no 
further than the unfolding and historic events in the Middle East and 
North Africa for evidence of the truth of these words. The Faster FOIA 
Act will help ensure the dissemination of government information to the 
American people, 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 thank Senator Cornyn 
for his work on this bill and for his leadership on this issue. I also 
thank Senator Whitehouse who has cosponsored this bill. I urge all 
Senators to support the Faster FOIA Act.
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