I 

111TH CONGRESS 

2D SESSION S. 3111 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2010 

Referred to the Committee on Oversight and Government Reform 

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, 


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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 2010’’. 

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 16 members of whom— 

16 (A) 3 shall be appointed by the chairman 

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

19 (B) 3 shall be appointed by the ranking 

20 member of the Committee on the Judiciary of 

21 the Senate; 

22 (C) 3 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) 3 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 3 appointees under each of sub14 paragraphs (A), (B), (C), and (D) of paragraph (1) 

15 at least 2 shall have experience in academic research 

16 in the fields of library science, information manage17 ment, or public access to Government information. 

18 (3) TIMELINESS OF APPOINTMENTS.—Appoint19 ments to the Commission shall be made as expedi20 tiously as possible, but not later than 60 days after 

21 the date of enactment of this Act. 

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

23 to— 

24 (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; and 


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1 (D) make recommendations on how the use 

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

3 United States Code, may be limited. 

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

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

6 report to Congress and the President containing the re7 sults of the study under this section, which shall include— 

8 (1) a description of the methods identified by 

9 the study; 

10 (2) the conclusions and recommendations of the 

11 Commission regarding— 

12 (A) each method identified; and 

13 (B) the charging of fees and granting of 

14 waivers of fees; and 

15 (3) recommendations for legislative or adminis16 trative actions to implement the conclusions of the 

17 Commission. 

18 (f) STAFF AND ADMINISTRATIVE SUPPORT SERV19 ICES.—The Archivist of the United States shall provide 

20 to the Commission such staff and administrative support 

21 services, including research assistance at the request of 

22 the Commission, as necessary for the Commission to per23 form its functions efficiently and in accordance with this 

24 section. 


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

2 the heads of executive agencies, the Government Account3 ability Office, and the Congressional Research Service 

4 shall provide to the Commission such information as the 

5 Commission may require to carry out its functions. 

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

7 Commission shall serve without compensation for services 

8 performed for the Commission. 

9 (i) TRAVEL EXPENSES.—The members of the Com10 mission shall be allowed travel expenses, including per 

11 diem in lieu of subsistence, at rates authorized for employ12 ees of agencies under subchapter I of chapter 57 of title 

13 5, United States Code, while away from their homes or 

14 regular places of business in the performance of services 

15 for the Commission. 

16 (j) TRANSPARENCY.—All meetings of the Commis17 sion shall be open to the public, except that a meeting, 

18 or any portion of it, may be closed to the public if it con19 cerns matters or information described in chapter 552b(c) 

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

21 permitted to appear at open meetings and present oral or 

22 written statements on the subject matter of the meeting. 

23 The Commission may administer oaths or affirmations to 

24 any person appearing before 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). 

Passed the Senate May 5, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 


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