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

                                                        Calendar No. 31
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

                             April 8, 2011

                 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 
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 
        <DELETED>16</DELETED> 12 members of whom--
                    (A) <DELETED>3</DELETED> 2 shall be appointed by 
                the chairman of the Committee on the Judiciary of the 
                Senate;
                    (B) <DELETED>3</DELETED> 2 shall be appointed by 
                the ranking member of the Committee on the Judiciary of 
                the Senate;
                    (C) <DELETED>3</DELETED> 2 shall be appointed by 
                the chairman of the Committee on Government Reform of 
                the House of Representatives;
                    (D) <DELETED>3</DELETED> 2 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 
        <DELETED>3</DELETED> 2 appointees under each of subparagraphs 
        (A), (B), (C), and (D) of paragraph (1) at least 
        <DELETED>2</DELETED>1 shall have experience <DELETED>in 
        academic research</DELETED> as a FOIA requestor, or 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; 
                <DELETED>and
                </DELETED>    (D) <DELETED>make</DELETED> any 
                recommendations on how the use of exemptions under 
                section 552(b) of title 5, United States Code, may be 
                limited<DELETED>.</DELETED>; and
                    (E)(i) whether any disparities in processing, 
                processing times, and completeness of responses to FOIA 
                requestors have occurred based upon political 
                considerations, ideological viewpoints, the identity of 
                the requestors, affiliation with the media, or 
                affiliation with advocacy 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 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.
<DELETED>    (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.</DELETED>
    (f) Staff and Administrative Support Services.--
            (1) In general.--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.
            (2) Payment of expenses.--
                    (A) Staff salaries.--The Archivist of the United 
                States shall pay staff expenses relating to salaries 
                under this subsection from available appropriations in 
                the applicable account for salaries of the National 
                Archives and Records Administration.
                    (B) Administrative support services.--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 Archives and Records Administration.
            (3) Appropriations requests.--Expenses paid under this 
        subsection shall not form the basis for additional 
        appropriations requests from the National Archives and Records 
        Administration in the future.
    (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.
<DELETED>    (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.</DELETED>
    (i) Travel Expenses.--
            (1) In general.--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.
            (2) Payment of expenses.--The Administrator 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 National Archives and Records 
        Administration in the future.
    (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).
                                                        Calendar No. 31

112th CONGRESS

  1st Session

                                 S. 627

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 8, 2011

                        Reported with amendments