[Congressional Record (Bound Edition), Volume 156 (2010), Part 5]
[Senate]
[Pages 7377-7379]
[From the U.S. Government Publishing Office, www.gpo.gov]


                        FASTER FOIA ACT OF 2010

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No 350, S. 3111.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3111) to establish the Commission on Freedom of 
     Information Act Processing 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:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                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.]

[[Page 7378]]

       (2) Qualifications of congressional appointees.--Of the 3 
     appointees under each of subparagraphs (A), (B), (C), and (D) 
     of paragraph (1) at least 2 shall have experience in academic 
     research 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; [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[.]; 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; and
       (D) make recommendations on how the use of exemptions under 
     section 552(b) of title 5, United States Code, may be 
     limited. 
       (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).

  Mr. LEAHY. Mr. President, I commend the Senate in promptly passing 
the Leahy-Cornyn Faster FOIA Act of 2010--an important measure to 
improve the administration of the Freedom of Information Act, 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.
  Senator Cornyn and I first introduced this bill in 2005 to address 
the growing problem of excessive FOIA delays within our Federal 
agencies. In the 5 years since, we have successfully worked together to 
reinvigorate FOIA through several other legislative initiatives. I 
thank Senator Cornyn for his work on this bill and for his leadership 
on this issue. I also thank Senators Feingold, Whitehouse and 
Klobuchar, who have cosponsored this bill. We have also worked with 
Senator Grassley and Senator Sessions to make further improvements.
  The Obama administration has also made significant progress in 
improving the FOIA process. In March, the administration announced that 
the number of overdue FOIA cases fell by 50 percent governmentwide 
during the past year. This is good news. But large FOIA backlogs remain 
a major roadblock to public access to information.
  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.
  The Associated Press recently reported that more than 67,000 overdue 
FOIA requests remain outstanding across the Federal Government. Their 
report also indicates that that the government's use of FOIA exemptions 
to withhold information from the public which often contributes to FOIA 
delays increased during fiscal year 2009.
  Senator Cornyn and I believe that these delays are simply 
unacceptable. And that is why we introduced 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 relying more and more 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 nongovernmental representatives with a broad range 
of experience related to handling FOIA requests.
  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. The Senate will unanimously pass this 
bipartisan legislation. I hope that the House of Representatives will 
promptly consider this bill so that Congress can send it to the 
President before the end of the year.
  Mr. DODD. Mr. President, I ask unanimous consent that the committee-
reported amendments be considered; that a Leahy-Cornyn amendment, which 
is at the desk, be agreed to; that the committee-reported amendments be 
agreed to; that the bill, as amended, be read a third time and passed, 
the motion 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 amendment (No. 3847) was agreed to, as follows:

(Purpose: To provide for the Archivist of the United States to provide 
      staff and administrative support services to the Commission)

       On page 6, line 5, strike ``The Comptroller General of the 
     United States'' and insert ``The Archivist of the United 
     States''.
       On page 7, strike lines 1 through 3, and insert the 
     following:
       (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.

  The bill (S. 3111), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, 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--

[[Page 7379]]

       (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) at least 2 shall have experience in academic 
     research 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; and
       (D) make recommendations on how the use of exemptions under 
     section 552(b) of title 5, United States Code, may be 
     limited.
       (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.
       (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) 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).

                          ____________________