II 

112TH CONGRESS 

1ST SESSION S. 1466 

To establish the Commission on Freedom of Information Act Processing 

Delays. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2011 

Mr. LEAHY (for himself and Mr. CORNYN) introduced the following bill; which 

was read twice, considered, read the third time, and passed 

A BILL 

To establish the Commission on Freedom of Information 

Act Processing Delays. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. COMMISSION ON FREEDOM OF INFORMATION 

4 ACT PROCESSING DELAYS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Faster FOIA Act of 2011’’. 

7 (b) ESTABLISHMENT.—There is established the Com8 mission on Freedom of Information Act Processing Delays 

9 (in this Act referred to as the ‘‘Commission’’ for the pur10 pose of conducting a study relating to methods to help 


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1 reduce delays in processing requests submitted to Federal 

2 agencies under section 552 of title 5, United States Code 

3 (commonly referred to as the ‘‘Freedom of Information 

4 Act’’). 

5 (c) MEMBERSHIP.— 

6 (1) IN GENERAL.—The Commission shall be 

7 composed of 12 members of whom— 

8 (A) 2 shall be appointed by the chairman 

9 of the Committee on the Judiciary of the Sen10 ate; 

11 (B) 2 shall be appointed by the ranking 

12 member of the Committee on the Judiciary of 

13 the Senate; 

14 (C) 2 shall be appointed by the chairman 

15 of the Committee on Government Reform of the 

16 House of Representatives; 

17 (D) 2 shall be appointed by the ranking 

18 member of the Committee on Government Re19 form of the House of Representatives; 

20 (E) 1 shall be appointed by the Attorney 

21 General of the United States; 

22 (F) 1 shall be appointed by the Director of 

23 the Office of Management and Budget; 

24 (G) 1 shall be appointed by the Archivist 

25 of the United States; and 


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1 (H) 1 shall be appointed by the Comp2 troller General of the United States. 

3 (2) QUALIFICATIONS OF CONGRESSIONAL AP4 POINTEES.—Of the 2 appointees under each of sub5 paragraphs (A), (B), (C), and (D) of paragraph (1) 

6 at least 1 shall have experience as a FOIA re7 questor, or in the fields of library science, informa8 tion management, or public access to Government 

9 information. 

10 (3) TIMELINESS OF APPOINTMENTS.—Appoint11 ments to the Commission shall be made as expedi12 tiously as possible, but not later than 60 days after 

13 the date of enactment of this Act. 

14 (d) STUDY.—The Commission shall conduct a study 

15 to— 

16 (1) identify methods that— 

17 (A) will help reduce delays in the proc18 essing of requests submitted to Federal agen19 cies under section 552 of title 5, United States 

20 Code; and 

21 (B) ensure the efficient and equitable ad22 ministration of that section throughout the 

23 Federal Government; 

24 (2) examine whether the system for charging 

25 fees and granting waivers of fees under section 552 


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1 of title 5, United States Code, needs to be reformed 

2 in order to reduce delays in processing requests; and 

3 (3) examine and determine— 

4 (A) why the Federal Government’s use of 

5 the exemptions under section 552(b) of title 5, 

6 United States Code, increased during fiscal 

7 year 2009; 

8 (B) the reasons for any increase, including 

9 whether the increase was warranted and wheth10 er the increase contributed to FOIA processing 

11 delays; 

12 (C) what efforts were made by Federal 

13 agencies to comply with President Obama’s 

14 January 21, 2009 Presidential Memorandum on 

15 Freedom of Information Act Requests and 

16 whether those efforts were successful; 

17 (D) any recommendations on how the use 

18 of exemptions under section 552(b) of title 5, 

19 United States Code, may be limited; and 

20 (E)(i) whether any disparities in proc21 essing, processing times, and completeness of 

22 responses to FOIA requestors have occurred 

23 based upon political considerations, ideological 

24 viewpoints, the identity of the requestors, affiliVerDate Mar 15 2010 01:55 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1466.CPS S1466

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1 ation with the media, or affiliation with advo2 cacy groups; 

3 (ii) if any disparities have occurred, why 

4 such disparities have occurred; and 

5 (iii) the extent to which political appointees 

6 have been involved in the FOIA process. 

7 (e) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Commission shall submit a 

9 report to Congress and the President containing the re10 sults of the study under this section, which shall include— 

11 (1) a description of the methods identified by 

12 the study; 

13 (2) the conclusions and recommendations of the 

14 Commission regarding— 

15 (A) each method identified; and 

16 (B) the charging of fees and granting of 

17 waivers of fees; and 

18 (3) recommendations for legislative or adminis19 trative actions to implement the conclusions of the 

20 Commission. 

21 (f) STAFF AND ADMINISTRATIVE SUPPORT SERV22 ICES.— 

23 (1) IN GENERAL.—The Archivist of the United 

24 States shall provide to the Commission such staff 

25 and administrative support services, including reVerDate Mar 15 2010 01:55 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1466.CPS S1466

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1 search assistance at the request of the Commission, 

2 as necessary for the Commission to perform its func3 tions efficiently and in accordance with this section. 

4 (2) PAYMENT OF EXPENSES.— 

5 (A) STAFF SALARIES.—The Archivist of 

6 the United States shall pay staff expenses relat7 ing to salaries under this subsection from avail8 able appropriations in the applicable account 

9 for salaries of the National Archives and 

10 Records Administration. 

11 (B) ADMINISTRATIVE SUPPORT SERV12 ICES.—Except as provided under subparagraph 

13 (A), the Archivist of the United States shall pay 

14 staff and administrative expenses under this 

15 subsection from available appropriations in the 

16 operating expenses account of the National Ar17 chives and Records Administration. 

18 (3) APPROPRIATIONS REQUESTS.—Expenses 

19 paid under this subsection shall not form the basis 

20 for additional appropriations requests from the Na21 tional Archives and Records Administration in the 

22 future. 

23 (g) INFORMATION.—To the extent permitted by law, 

24 the heads of executive agencies, the Government Account25 ability Office, and the Congressional Research Service 


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1 shall provide to the Commission such information as the 

2 Commission may require to carry out its functions. 

3 (h) COMPENSATION OF MEMBERS.—Members of the 

4 Commission shall serve without compensation for services 

5 performed for the Commission. 

6 (i) TRAVEL EXPENSES.— 

7 (1) IN GENERAL.—The members of the Com8 mission shall be allowed travel expenses, including 

9 per diem in lieu of subsistence, at rates authorized 

10 for employees of agencies under subchapter I of 

11 chapter 57 of title 5, United States Code, while 

12 away from their homes or regular places of business 

13 in the performance of services for the Commission. 

14 (2) PAYMENT OF EXPENSES.—The Adminis15 trator of General Services shall pay travel expenses 

16 under this subsection from available appropriations 

17 in the operating expenses account of the General 

18 Services Administration. 

19 (3) APPROPRIATIONS REQUESTS.—Expenses 

20 paid under this subsection shall not form the basis 

21 for additional appropriations requests from the Na22 tional Archives and Records Administration in the 

23 future. 

24 (j) TRANSPARENCY.—All meetings of the Commis25 sion shall be open to the public, except that a meeting, 


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1 or any portion of it, may be closed to the public if it con2 cerns matters or information described in chapter 552b(c) 

3 of title 5, United States Code. Interested persons shall be 

4 permitted to appear at open meetings and present oral or 

5 written statements on the subject matter of the meeting. 

6 The Commission may administer oaths or affirmations to 

7 any person appearing before the Commission. 

8 (k) TERMINATION.—The Commission shall terminate 

9 30 days after the submission of the report under sub10 section (e). 

Æ 


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