[Congressional Record: May 26, 2011 (Senate)]
[Page S3458-S3460]
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).
____________________
