[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 627 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 627

 To establish the Commission on Freedom of Information Act Processing 
                                Delays.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

  Mr. Leahy (for himself, Mr. Cornyn, Mr. Whitehouse, and Mr. Tester) 
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.

    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 
2011''.
    (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.
            (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;
            (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; 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 Archivist 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) Transparency.--All meetings of the Commission shall be open to 
the public, except that a meeting, or any portion of it, may be closed 
to the public if it concerns matters or information described in 
chapter 552b(c) of title 5, United States Code. Interested persons 
shall be permitted to appear at open meetings and present oral or 
written statements on the subject matter of the meeting. The Commission 
may administer oaths or affirmations to any person appearing before the 
Commission.
    (k) Termination.--The Commission shall terminate 30 days after the 
submission of the report under subsection (e).
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