II 

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 and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

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’’. 

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 16 members of whom— 

8 (A) 3 shall be appointed by the chairman 

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

11 (B) 3 shall be appointed by the ranking 

12 member of the Committee on the Judiciary of 

13 the Senate; 

14 (C) 3 shall be appointed by the chairman 

15 of the Committee on Government Reform of the 

16 House of Representatives; 

17 (D) 3 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 3 appointees under each of sub5 paragraphs (A), (B), (C), and (D) of paragraph 

6 (1)— 

7 (A) at least 1 shall have experience in sub8 mitting requests under section 552 of title 5, 

9 United States Code, to Federal agencies, such 

10 as on behalf of nonprofit research or edu11 cational organizations or news media organiza12 tions; and 

13 (B) at least 1 shall have experience in aca14 demic research in the fields of library science, 

15 information management, or public access to 

16 Government information. 

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

18 to— 

19 (1) identify methods that— 

20 (A) will help reduce delays in the proc21 essing of requests submitted to Federal agen22 cies under section 552 of title 5, United States 

23 Code; and 


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1 (B) ensure the efficient and equitable ad2 ministration of that section throughout the 

3 Federal Government; and 

4 (2) examine whether the system for charging 

5 fees and granting waivers of fees under section 552 

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

7 in order to reduce delays in processing requests. 

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

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

10 report to Congress and the President containing the re11 sults of the study under this section, which shall include— 

12 (1) a description of the methods identified by 

13 the study; 

14 (2) the conclusions and recommendations of the 

15 Commission regarding— 

16 (A) each method identified; and 

17 (B) the charging of fees and granting of 

18 waivers of fees; and 

19 (3) recommendations for legislative or adminis20 trative actions to implement the conclusions of the 

21 Commission. 

22 (f) STAFF AND ADMINISTRATIVE SUPPORT SERV23 ICES.—The Comptroller General of the United States 

24 shall provide to the Commission such staff and adminis25 trative support services, including research assistance at 


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1 the request of the Commission, as necessary for the Com2 mission to perform its functions efficiently and in accord3 ance with this section. 

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

5 the heads of executive agencies, the Government Account6 ability Office, and the Congressional Research Service 

7 shall provide to the Commission such information as the 

8 Commission may require to carry out its functions. 

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

10 Commission shall serve without compensation for services 

11 performed for the Commission. 

12 (i) TRAVEL EXPENSES.—The members of the Com13 mission shall be allowed travel expenses, including per 

14 diem in lieu of subsistence, at rates authorized for employ15 ees of agencies under subchapter I of chapter 57 of title 

16 5, United States Code, while away from their homes or 

17 regular places of business in the performance of services 

18 for the Commission. 

19 (j) APPLICABILITY OF FEDERAL ADVISORY COM20 MITTEE ACT.—The Federal Advisory Committee Act (5 

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

22 (k) TERMINATION.—The Commission shall terminate 

23 30 days after the submission of the report under sub24 section (e). 

Æ 


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