I 
109TH CONGRESS 
1ST SESSION H. R. 1620 
To establish the Commission on Freedom of Information Act Processing 
Delays. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 13, 2005 
Mr. SHERMAN (for himself and Mr. SMITH of Texas) introduced the following 
bill; which was referred to the Committee on Government Reform 
A BILL 
To establish the Commission on Freedom of Information 
Act Processing Delays. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. COMMISSION ON FREEDOM OF INFORMATION 
ACT PROCESSING DELAYS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Faster FOIA Act of 2005’’. 
(b) ESTABLISHMENT.—There is established the Com-
mission on Freedom of Information Act Processing Delays 
(in this Act referred to as the ‘‘Commission’’) for the pur-
pose of conducting a study relating to methods to help
reduce delays in processing requests submitted to Federal 
agencies under section 552 of title 5, United States Code 
(commonly referred to as the ‘‘Freedom of Information 
Act’’). 
(c) MEMBERSHIP.— 
(1) IN
GENERAL.—The Commission shall be 
composed of 16 members of whom— 
(A) 3 shall be appointed by the chairman 
of the Committee on the Judiciary of the Sen-
ate; 
(B) 3 shall be appointed by the ranking 
member of the Committee on the Judiciary of 
the Senate; 
(C) 3 shall be appointed by the chairman 
of the Committee on Government Reform of the 
House of Representatives; 
(D) 3 shall be appointed by the ranking 
member of the Committee on Government Re-
form of the House of Representatives; 
(E) 1 shall be appointed by the Attorney 
General of the United States; 
(F) 1 shall be appointed by the Director of 
the Office of Management and Budget; 
(G) 1 shall be appointed by the Archivist 
of the United States; and
(H) 1 shall be appointed by the Comp-
troller General of the United States. 
(2) QUALIFICATIONS
OF
CONGRESSIONAL
AP-
POINTEES.—Of the 3 appointees under each of sub-
paragraphs (A), (B), (C), and (D) of paragraph 
(1)— 
(A) at least 1 shall have experience in sub-
mitting requests under section 552 of title 5, 
United States Code, to Federal agencies, such 
as on behalf of nonprofit research or edu-
cational organizations or news media organiza-
tions; and 
(B) at least 1 shall have experience in aca-
demic research in the fields of library science, 
information management, or public access to 
Government information. 
(d) STUDY.—The Commission shall conduct a study 
to— 
(1) identify methods that— 
(A) will help reduce delays in the proc-
essing of requests submitted to Federal agen-
cies under section 552 of title 5, United States 
Code; and
(B) ensure the efficient and equitable ad-
ministration of that section throughout the 
Federal Government; and 
(2) examine whether the system for charging 
fees and granting waivers of fees under section 552 
of title 5, United States Code, needs to be reformed 
in order to reduce delays in processing requests. 
(e) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Commission shall submit a 
report to Congress and the President containing the re-
sults of the study under this section, which shall include— 
(1) a description of the methods identified by 
the study; 
(2) the conclusions and recommendations of the 
Commission regarding— 
(A) each method identified; and 
(B) the charging of fees and granting of 
waivers of fees; and 
(3) recommendations for legislative or adminis-
trative actions to implement the conclusions of the 
Commission. 
(f) STAFF AND ADMINISTRATIVE SUPPORT SERV-
ICES.—The Comptroller General of the United States 
shall provide to the Commission such staff and adminis-
trative support services, including research assistance at
the request of the Commission, as necessary for the Com-
mission to perform its functions efficiently and in accord-
ance with this section. 
(g) INFORMATION.—To the extent permitted by law, 
the heads of executive agencies, the Government Account-
ability Office, and the Congressional Research Service 
shall provide to the Commission such information as the 
Commission may require to carry out its functions. 
(h) COMPENSATION OF MEMBERS.—Members of the 
Commission shall serve without compensation for services 
performed for the Commission. 
(i) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title 
5, United States Code, while away from their homes or 
regular places of business in the performance of services 
for the Commission. 
(j) APPLICABILITY
OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the Commission. 
(k) TERMINATION.—The Commission shall terminate 
30 days after the submission of the report under sub-
section (e). 
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