I 
112TH CONGRESS 
1ST SESSION H. R. 1564 
To establish the Commission on Freedom of Information Act Processing 
Delays. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 14, 2011 
Mr. SHERMAN introduced the following bill; which was referred to the 
Committee on Oversight and 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 2011’’. 
(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 
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(H) 1 shall be appointed by the Comp-
troller General of the United States. 
(2) QUALIFICATIONS
OF
CONGRESSIONAL
AP-
POINTEES.—Of the 2 appointees under each of sub-
paragraphs (A), (B), (C), and (D) of paragraph (1) 
at least 1 shall have experience as a FOIA re-
questor, or in the fields of library science, informa-
tion management, or public access to Government 
information. 
(3) TIMELINESS OF APPOINTMENTS.—Appoint-
ments to the Commission shall be made as expedi-
tiously as possible, but not later than 60 days after 
the date of enactment of this Act. 
(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; 
(2) examine whether the system for charging 
fees and granting waivers of fees under section 552 
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of title 5, United States Code, needs to be reformed 
in order to reduce delays in processing requests; and 
(3) examine and determine— 
(A) why the Federal Government’s use of 
the exemptions under section 552(b) of title 5, 
United States Code, increased during fiscal 
year 2009; 
(B) the reasons for any increase, including 
whether the increase was warranted and wheth-
er the increase contributed to FOIA processing 
delays; 
(C) what efforts were made by Federal 
agencies to comply with President Obama’s 
January 21, 2009, Presidential Memorandum 
on Freedom of Information Act Requests and 
whether those efforts were successful; 
(D) any recommendations on how the use 
of exemptions under section 552(b) of title 5, 
United States Code, may be limited; and 
(E)(i) whether any disparities in proc-
essing, processing times, and completeness of 
responses to FOIA requestors have occurred 
based upon political considerations, ideological 
viewpoints, the identity of the requestors, affili-
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ation with the media, or affiliation with advo-
cacy groups; 
(ii) if any disparities have occurred, why 
such disparities have occurred; and 
(iii) the extent to which political appointees 
have been involved in the FOIA process. 
(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.— 
(1) IN GENERAL.—The Archivist of the United 
States shall provide to the Commission such staff 
and administrative support services, including re-
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search assistance at the request of the Commission, 
as necessary for the Commission to perform its func-
tions efficiently and in accordance with this section. 
(2) PAYMENT OF EXPENSES.— 
(A) STAFF
SALARIES.—The Archivist of 
the United States shall pay staff expenses relat-
ing to salaries under this subsection from avail-
able appropriations in the applicable account 
for salaries of the National Archives and 
Records Administration. 
(B) 
ADMINISTRATIVE
SUPPORT
SERV-
ICES.—Except as provided under subparagraph 
(A), the Archivist of the United States shall pay 
staff and administrative expenses under this 
subsection from available appropriations in the 
operating expenses account of the National Ar-
chives and Records Administration. 
(3) 
APPROPRIATIONS
REQUESTS.—Expenses 
paid under this subsection shall not form the basis 
for additional appropriations requests from the Na-
tional Archives and Records Administration in the 
future. 
(g) INFORMATION.—To the extent permitted by law, 
the heads of executive agencies, the Government Account-
ability Office, and the Congressional Research Service 
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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.— 
(1) IN GENERAL.—The members of the Com-
mission shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized 
for employees 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. 
(2) PAYMENT
OF
EXPENSES.—The Adminis-
trator of General Services shall pay travel expenses 
under this subsection from available appropriations 
in the operating expenses account of the General 
Services Administration. 
(3) 
APPROPRIATIONS
REQUESTS.—Expenses 
paid under this subsection shall not form the basis 
for additional appropriations requests from the Na-
tional Archives and Records Administration in the 
future. 
(j) TRANSPARENCY.—All meetings of the Commis-
sion shall be open to the public, except that a meeting, 
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