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Judiciary Panel Clears Cornyn-Leahy Bill To Create Open Government Commission
WASHINGTON —The Senate Judiciary Committee on Thursday passed legislation authored by U.S. Sen. John Cornyn (R-Texas), a member of the committee. Cornyn and U.S. Sen. Patrick Leahy (D-Vt.) introduced the Faster FOIA Act last week to establish an advisory Commission on Freedom of Information Act Processing Delays. The 16-member commission would be charged with reporting to Congress and the President its recommendations for steps that should be taken to reduce delays in the processing of requests under the Freedom of Information Act (FOIA). The Cornyn-Leahy bill passed on a unanimous voice vote. The bill is co-sponsored by U.S. Sen. Charles Grassley (R-Iowa), a senior member of the committee.The Faster FOIA Act of 2005 (S.589) would establish an advisory Commission on Freedom of Information Act Processing Delays. More information on the Faster FOIA Act of 2005 and Sen. Cornyn’s other open government legislation is available here: http://www.cornyn.senate.gov/FOIA“I appreciate the committee moving so quickly on this commitment to freedom of information and openness in government,” Sen. Cornyn said. “Sunshine Week is an especially appropriate time to promote this important cause, as we highlight the need to adhere to our nation’s founding principles of a free, open and democratic society.” The Faster FOIA bill was the second of two Cornyn-Leahy bills on open government. The two Senators also introduced the Openness Promotes Effectiveness in our National Government Act of 2005 (OPEN Government Act, S. 394) on Feb. 16. The legislation will promote accountability, accessibility, and openness in government, principally by strengthening and enhancing the Freedom of Information Act.Sens. Johnny Isakson (R-Ga.) and Lamar Alexander (R-Tenn.) have co-sponsored the bill. Sen. Cornyn chaired a hearing on March 15 to examine the two Cornyn-Leahy bills in the Judiciary Committee’s subcommittee on Terrorism, Technology and Home land Security. Sen. Jon Kyl (R-Ariz.), who chairs the Terrorism subcommittee, agreed to let Sen. Cornyn chair this hearing on the Cornyn-Leahy bill. - Highlights of the Cornyn-Leahy Faster FOIA Act follow -
- The Faster FOIA Act of 2005 would establish an advisory Commission on Freedom of Information Act Processing Delays.The Commission would be charged with reporting to Congress and the President its recommendations for steps that should be taken to reduce delays in the administration of the Freedom of Information Act.
- The Commission would be comprised of 16 members.Twelve of them would be appointed by members of Congress – three by the chairman of the Senate Judiciary Committee, three by the chairman of the House Government Reform Committee, and three each by the ranking minority member of the two committees.These four members of Congress would each be required to appoint at least one member to the Commission with experience submitting FOIA requests on behalf of nonprofit research or educational organizations or news media organizations, and at least one member with experience in academic research in the fields of library science, information management, or public access to Government information.The remaining four positions on the Commission would be held by designees of the Attorney General, the Director of the Office of Management and Budget, the Archivist of the United States , and the Comptroller General.
- The Commission would be responsible for producing a study to identify methods to reduce delays in the processing of FOIA requests and to ensure the efficient and equitable administration of FOIA throughout the federal government.The Commission would also be charged with examining whether the system for charging fees and granting fee waivers under FOIA should be reformed in order to reduce delays in processing fee requests.The report would be due no later than one year after the date of enactment of this Act, and would include recommendations for legislative and administrative action to enhance FOIA performance.The Commission would expire thirty days after the submission of the report.
Cornyn was presented with the James Madison Award in 2001 for his efforts as Texas Attorney General to promote open government by the Freedom of Information Foundation of Texas . Sen. Cornyn served previously as Texas Attorney General, Texas Supreme Court Justice, and Bexar County District Judge.