[Congressional Record Volume 157, Number 74 (Thursday, May 26, 2011)]
[Senate]
[Pages S3458-S3460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        FASTER FOIA ACT OF 2011

  Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 31, S. 627.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 627) to establish the Commission on Freedom of 
     Information Act Processing and 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:
  [Omit the part struck through and insert the part printed in italic.]

                                 S. 627

       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 [16] 
     12 members of whom--
       (A) [3] 2 shall be appointed by the chairman of the 
     Committee on the Judiciary of the Senate;
       (B) [3] 2 shall be appointed by the ranking member of the 
     Committee on the Judiciary of the Senate;
       (C) [3] 2 shall be appointed by the chairman of the 
     Committee on Government Reform of the House of 
     Representatives;
       (D) [3] 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 [3] 
     2 appointees under each of subparagraphs (A), (B), (C), and 
     (D) of paragraph (1) at least [2] 1 shall have experience [in 
     academic research] 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;

[[Page S3459]]

       (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] 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.--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.]
       (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.--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.]
       (i) Travel Expenses.--
       (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).

  Mr. LEAHY. Mr. President, I commend the Senate for unanimously 
passing the Faster FOIA Act of 2011. This important bill will establish 
a bipartisan commission to examine the root causes of agency delays in 
processing Freedom of Information Act--FOIA--requests, 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, because we 
were concerned about the growing problem of excessive FOIA delays 
within our Federal agencies. During the intervening years, the problem 
of excessive FOIA delays did not go away. That is why in 2010, we 
reintroduced this bill and the Senate unanimously passed it last year. 
After the Judiciary Committee's hearing in March on FOIA, we 
reintroduced this bill yet again--with the hope that the Congress will 
finally enact this good government legislation. Today, the Senate is 
doing its part to achieve that goal.
  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 recent report released 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. These delays are simply unacceptable. The 
bipartisan FOIA commission established by this bill will help to 
reverse this trend.
  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 also be 
made up of government and non-governmental representatives with a broad 
range of experience related to handling FOIA requests.
  I have said many times over the years 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 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.
  In addition, I thank the Judiciary Committee's ranking member, 
Senator Grassley, for working with me on this bill and his help in 
securing its passage in the Senate. I commend and thank the many open 
government and FOIA advocacy groups that have supported this bill, 
including OpenTheGovernment.org, the Project on Government Oversight 
and the Sunshine in Government Initiative.
  I hope that the House of Representatives will promptly pass this good 
government legislation, so that the Commission on Freedom of 
Information Act Processing Delays can begin its work.
  Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the 
committee-reported amendments be agreed to, the bill, as amended, be 
read a third time and passed, the motions 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 bill (S. 627), as amended, was ordered to be engrossed for a 
third reading, was read the third time and passed, as follows:

                                 S. 627

       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--

[[Page S3460]]

       (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.--
       (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).

                          ____________________