II 

Calendar No. 350 

111TH CONGRESS 

2D SESSION S. 3111 

To establish the Commission on Freedom of Information Act Processing 

Delays. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2010 

Mr. LEAHY (for himself, Mr. CORNYN, Mr. WHITEHOUSE, Mr. FEINGOLD, and 

Ms. KLOBUCHAR) introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

APRIL 19, 2010 

Reported by Mr. LEAHY, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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 2010’’. 


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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 (2) QUALIFICATIONS OF CONGRESSIONAL AP22 POINTEES.—Of the 3 appointees under each of sub23 paragraphs (A), (B), (C), and (D) of paragraph (1) 

24 at least 2 shall have experience in academic research 


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1 in the fields of library science, information manage2 ment, or public access to Government information. 

3 (3) TIMELINESS OF APPOINTMENTS.—Appoint4 ments to the Commission shall be made as expedi5 tiously as possible, but not later than 60 days after 

6 the date of enactment of this Act. 

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

8 to— 

9 (1) identify methods that— 

10 (A) will help reduce delays in the proc11 essing of requests submitted to Federal agen12 cies under section 552 of title 5, United States 

13 Code; and 

14 (B) ensure the efficient and equitable ad15 ministration of that section throughout the 

16 Federal Government; and 

17 (2) examine whether the system for charging 

18 fees and granting waivers of fees under section 552 

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

20 in order to reduce delays in processing requests.; 

21 and 

22 (3) examine and determine— 

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

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


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1 United States Code, increased during fiscal year 

2 2009; 

3 (B) the reasons for any increase, including 

4 whether the increase was warranted and whether 

5 the increase contributed to FOIA processing 

6 delays; 

7 (C) what efforts were made by Federal 

8 agencies to comply with President Obama’s Jan9 uary 21, 2009 Presidential Memorandum on 

10 Freedom of Information Act Requests and wheth11 er those efforts were successful; and 

12 (D) make recommendations on how the use 

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

14 United States Code, may be limited. 

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.—The Comptroller General of the United States 

6 shall provide to the Commission such staff and adminis7 trative support services, including research assistance at 

8 the request of the Commission, as necessary for the Com9 mission to perform its functions efficiently and in accord10 ance with this section. 

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

12 the heads of executive agencies, the Government Account13 ability Office, and the Congressional Research Service 

14 shall provide to the Commission such information as the 

15 Commission may require to carry out its functions. 

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

17 Commission shall serve without compensation for services 

18 performed for the Commission. 

19 (i) TRAVEL EXPENSES.—The members of the Com20 mission shall be allowed travel expenses, including per 

21 diem in lieu of subsistence, at rates authorized for employ22 ees of agencies under subchapter I of chapter 57 of title 

23 5, United States Code, while away from their homes or 

24 regular places of business in the performance of services 

25 for the Commission. 


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1 (j) APPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—The Federal Advisory Committee Act (5 

3 U.S.C. App.) shall apply to the Commission. 

4 (k) TERMINATION.—The Commission shall terminate 

5 30 days after the submission of the report under sub6 section (e). 


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Calendar No. 350 

111TH CONGRESS 

2D SESSION S. 3111 

A BILL 

To establish the Commission on Freedom of 

Information Act Processing Delays. 

APRIL 19, 2010 

Reported with amendments 


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