[Congressional Record Volume 157, Number 119 (Monday, August 1, 2011)]
[Senate]
[Pages S5197-S5199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        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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