II 

Calendar No. 59 

109TH CONGRESS 

1ST SESSION S. 589 

To establish the Commission on Freedom of Information Act Processing 

Delays. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2005 

Mr. CORNYN (for himself, Mr. LEAHY, Mr. GRASSLEY, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

MARCH 17, 2005 

Reported by Mr. SPECTER, without amendment 

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 2005’’. 
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S 589 RS 

1 (b) ESTABLISHMENT.—There is established the Com2 mission on Freedom of Information Act Processing Delays 

3 (in this Act referred to as the ‘‘Commission’’) for the pur4 pose of conducting a study relating to methods to help 

5 reduce delays in processing requests submitted to Federal 

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

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

8 Act’’). 

9 (c) MEMBERSHIP.— 

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

11 composed of 16 members of whom— 

12 (A) 3 shall be appointed by the chairman 

13 of the Committee on the Judiciary of the Sen14 ate; 

15 (B) 3 shall be appointed by the ranking 

16 member of the Committee on the Judiciary of 

17 the Senate; 

18 (C) 3 shall be appointed by the chairman 

19 of the Committee on Government Reform of the 

20 House of Representatives; 

21 (D) 3 shall be appointed by the ranking 

22 member of the Committee on Government Re23 form of the House of Representatives; 

24 (E) 1 shall be appointed by the Attorney 

25 General of the United States; 
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1 (F) 1 shall be appointed by the Director of 

2 the Office of Management and Budget; 

3 (G) 1 shall be appointed by the Archivist 

4 of the United States; and 

5 (H) 1 shall be appointed by the Comp6 troller General of the United States. 

7 (2) QUALIFICATIONS OF CONGRESSIONAL AP8 POINTEES.—Of the 3 appointees under each of sub9 paragraphs (A), (B), (C), and (D) of paragraph 

10 (1)— 

11 (A) at least 1 shall have experience in sub12 mitting requests under section 552 of title 5, 

13 United States Code, to Federal agencies, such 

14 as on behalf of nonprofit research or edu15 cational organizations or news media organiza16 tions; and 

17 (B) at least 1 shall have experience in aca18 demic research in the fields of library science, 

19 information management, or public access to 

20 Government information. 

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

22 to— 

23 (1) identify methods that— 

24 (A) will help reduce delays in the proc25 essing of requests submitted to Federal agen-
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1 cies under section 552 of title 5, United States 

2 Code; and 

3 (B) ensure the efficient and equitable ad4 ministration of that section throughout the 

5 Federal Government; and 

6 (2) examine whether the system for charging 

7 fees and granting waivers of fees under section 552 

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

9 in order to reduce delays in processing requests. 

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

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

12 report to Congress and the President containing the re13 sults of the study under this section, which shall include— 

14 (1) a description of the methods identified by 

15 the study; 

16 (2) the conclusions and recommendations of the 

17 Commission regarding— 

18 (A) each method identified; and 

19 (B) the charging of fees and granting of 

20 waivers of fees; and 

21 (3) recommendations for legislative or adminis22 trative actions to implement the conclusions of the 

23 Commission. 

24 (f) STAFF AND ADMINISTRATIVE SUPPORT SERV25 ICES.—The Comptroller General of the United States 
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1 shall provide to the Commission such staff and adminis2 trative support services, including research assistance at 

3 the request of the Commission, as necessary for the Com4 mission to perform its functions efficiently and in accord5 ance with this section. 

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.—The members of the Com15 mission shall be allowed travel expenses, including per 

16 diem in lieu of subsistence, at rates authorized for employ17 ees of agencies under subchapter I of chapter 57 of title 

18 5, United States Code, while away from their homes or 

19 regular places of business in the performance of services 

20 for the Commission. 

21 (j) APPLICABILITY OF FEDERAL ADVISORY COM22 MITTEE ACT.—The Federal Advisory Committee Act (5 

23 U.S.C. App.) shall apply to the Commission. 
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1 (k) TERMINATION.—The Commission shall terminate 

2 30 days after the submission of the report under sub3 section (e). 

Calendar No. 59 

109TH CONGRESS 

1ST SESSION S. 589 

A BILL 

To establish the Commission on Freedom of 

Information Act Processing Delays. 

MARCH 17, 2005 

Reported without amendment