[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3111 Reported in Senate (RS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives 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 
2010''.
    (b) Establishment.--There is established the Commission on Freedom 
of Information Act Processing Delays (in this Act referred to as the 
``Commission'' for the purpose 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 Senate;
                    (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 Reform 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 Comptroller General 
                of the United States.
        <DELETED>    (2) Qualifications of congressional appointees.--
        Of the 3 appointees under each of subparagraphs (A), (B), (C), 
        and (D) of paragraph (1)--</DELETED>
                <DELETED>    (A) at least 1 shall have experience in 
                submitting requests under section 552 of title 5, 
                United States Code, to Federal agencies, such as on 
                behalf of nonprofit research or educational 
                organizations or news media organizations; 
                and</DELETED>
                <DELETED>    (B) at least 1 shall have experience in 
                academic research in the fields of library science, 
                information management, or public access to Government 
                information.</DELETED>
            (2) Qualifications of congressional appointees.--Of the 3 
        appointees under each of subparagraphs (A), (B), (C), and (D) 
        of paragraph (1) at least 2 shall have experience in academic 
        research in the fields of library science, information 
        management, or public access to Government information.
            (3) Timeliness of appointments.--Appointments to the 
        Commission shall be made as expeditiously 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 processing of 
                requests submitted to Federal agencies under section 
                552 of title 5, United States Code; and
                    (B) ensure the efficient and equitable 
                administration of that section throughout the Federal 
                Government; <DELETED>and
        </DELETED>    (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<DELETED>.</DELETED>; 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 whether 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; and
                    (D) make recommendations on how the use of 
                exemptions under section 552(b) of title 5, United 
                States Code, may be limited. 
    (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 results 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 administrative 
        actions to implement the conclusions of the Commission.
    (f) Staff and Administrative Support Services.--The Comptroller 
General of the United States shall provide to the Commission such staff 
and administrative support services, including research assistance at 
the request of the Commission, as necessary for the Commission to 
perform its functions efficiently and in accordance with this section.
    (g) Information.--To the extent permitted by law, the heads of 
executive agencies, the Government Accountability 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 Commission 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.
    (j) Applicability of Federal Advisory Committee 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 subsection (e).
                                                       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