I 

112TH CONGRESS 

1ST SESSION S. 627 

IN THE HOUSE OF REPRESENTATIVES 

MAY 27, 2011 

Referred to the Committee on Oversight and Government Reform 

AN ACT 

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, 

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1 SECTION 1. COMMISSION ON FREEDOM OF INFORMATION 

2 ACT PROCESSING DELAYS. 

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

4 ‘‘Faster FOIA Act of 2011’’. 

5 (b) ESTABLISHMENT.—There is established the Com6 mission on Freedom of Information Act Processing Delays 

7 (in this Act referred to as the ‘‘Commission’’ for the pur8 pose of conducting a study relating to methods to help 

9 reduce delays in processing requests submitted to Federal 

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

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

12 Act’’). 

13 (c) MEMBERSHIP.— 

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

15 composed of 12 members of whom— 

16 (A) 2 shall be appointed by the chairman 

17 of the Committee on the Judiciary of the Sen18 ate; 

19 (B) 2 shall be appointed by the ranking 

20 member of the Committee on the Judiciary of 

21 the Senate; 

22 (C) 2 shall be appointed by the chairman 

23 of the Committee on Government Reform of the 

24 House of Representatives; 

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1 (D) 2 shall be appointed by the ranking 

2 member of the Committee on Government Re3 form of the House of Representatives; 

4 (E) 1 shall be appointed by the Attorney 

5 General of the United States; 

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

7 the Office of Management and Budget; 

8 (G) 1 shall be appointed by the Archivist 

9 of the United States; and 

10 (H) 1 shall be appointed by the Comp11 troller General of the United States. 

12 (2) QUALIFICATIONS OF CONGRESSIONAL AP13 POINTEES.—Of the 2 appointees under each of sub14 paragraphs (A), (B), (C), and (D) of paragraph (1) 

15 at least 1 shall have experience as a FOIA re16 questor, or in the fields of library science, informa17 tion management, or public access to Government 

18 information. 

19 (3) TIMELINESS OF APPOINTMENTS.—Appoint20 ments to the Commission shall be made as expedi21 tiously as possible, but not later than 60 days after 

22 the date of enactment of this Act. 

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

24 to— 

25 (1) identify methods that— 

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1 (A) will help reduce delays in the proc2 essing of requests submitted to Federal agen3 cies under section 552 of title 5, United States 

4 Code; and 

5 (B) ensure the efficient and equitable ad6 ministration of that section throughout the 

7 Federal Government; 

8 (2) examine whether the system for charging 

9 fees and granting waivers of fees under section 552 

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

11 in order to reduce delays in processing requests; and 

12 (3) examine and determine— 

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

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

15 United States Code, increased during fiscal 

16 year 2009; 

17 (B) the reasons for any increase, including 

18 whether the increase was warranted and wheth19 er the increase contributed to FOIA processing 

20 delays; 

21 (C) what efforts were made by Federal 

22 agencies to comply with President Obama’s 

23 January 21, 2009 Presidential Memorandum on 

24 Freedom of Information Act Requests and 

25 whether those efforts were successful; 

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1 (D) any recommendations on how the use 

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

3 United States Code, may be limited; and 

4 (E)(i) whether any disparities in proc5 essing, processing times, and completeness of 

6 responses to FOIA requestors have occurred 

7 based upon political considerations, ideological 

8 viewpoints, the identity of the requestors, affili9 ation with the media, or affiliation with advo10 cacy groups; 

11 (ii) if any disparities have occurred, why 

12 such disparities have occurred; and 

13 (iii) the extent to which political appointees 

14 have been involved in the FOIA process. 

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

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

17 report to Congress and the President containing the re18 sults of the study under this section, which shall include— 

19 (1) a description of the methods identified by 

20 the study; 

21 (2) the conclusions and recommendations of the 

22 Commission regarding— 

23 (A) each method identified; and 

24 (B) the charging of fees and granting of 

25 waivers of fees; and 

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1 (3) recommendations for legislative or adminis2 trative actions to implement the conclusions of the 

3 Commission. 

4 (f) STAFF AND ADMINISTRATIVE SUPPORT SERV5 ICES.— 

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

7 States shall provide to the Commission such staff 

8 and administrative support services, including re9 search assistance at the request of the Commission, 

10 as necessary for the Commission to perform its func11 tions efficiently and in accordance with this section. 

12 (2) PAYMENT OF EXPENSES.— 

13 (A) STAFF SALARIES.—The Archivist of 

14 the United States shall pay staff expenses relat15 ing to salaries under this subsection from avail16 able appropriations in the applicable account 

17 for salaries of the National Archives and 

18 Records Administration. 

19 (B) ADMINISTRATIVE SUPPORT SERV20 ICES.—Except as provided under subparagraph 

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

22 staff and administrative expenses under this 

23 subsection from available appropriations in the 

24 operating expenses account of the National Ar25 chives and Records Administration. 

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1 (3) APPROPRIATIONS REQUESTS.—Expenses 

2 paid under this subsection shall not form the basis 

3 for additional appropriations requests from the Na4 tional Archives and Records Administration in the 

5 future. 

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

7 the heads of executive agencies, the Government Account8 ability Office, and the Congressional Research Service 

9 shall provide to the Commission such information as the 

10 Commission may require to carry out its functions. 

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

12 Commission shall serve without compensation for services 

13 performed for the Commission. 

14 (i) TRAVEL EXPENSES.— 

15 (1) IN GENERAL.—The members of the Com16 mission shall be allowed travel expenses, including 

17 per diem in lieu of subsistence, at rates authorized 

18 for employees of agencies under subchapter I of 

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

20 away from their homes or regular places of business 

21 in the performance of services for the Commission. 

22 (2) PAYMENT OF EXPENSES.—The Adminis23 trator of General Services shall pay travel expenses 

24 under this subsection from available appropriations 

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1 in the operating expenses account of the General 

2 Services Administration. 

3 (3) APPROPRIATIONS REQUESTS.—Expenses 

4 paid under this subsection shall not form the basis 

5 for additional appropriations requests from the Na6 tional Archives and Records Administration in the 

7 future. 

8 (j) TRANSPARENCY.—All meetings of the Commis9 sion shall be open to the public, except that a meeting, 

10 or any portion of it, may be closed to the public if it con11 cerns matters or information described in chapter 552b(c) 

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

13 permitted to appear at open meetings and present oral or 

14 written statements on the subject matter of the meeting. 

15 The Commission may administer oaths or affirmations to 

16 any person appearing before the Commission. 

17 (k) TERMINATION.—The Commission shall terminate 

18 30 days after the submission of the report under sub19 section (e). 

Passed the Senate May 26, 2011. 

Attest: NANCY ERICKSON, 

Secretary. 

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