S.Amdt. 3762

SA 3762. Mr. LEAHY submitted an amendment intended to be proposed to
amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself and
Mrs. Lincoln)) to the bill S. 3217, to promote the financial stability
of the United States by improving accountability and transparency in
the financial system, to end ``too big to fail,'' to protect the
American taxpayer by ending bailouts, to protect consumers from abusive
financial services practices, and for other purposes; which was ordered
to lie on the table; as follows:

At the end of the bill, add the following:

TITLE XIII--COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS

SEC. 1301. COMMISSION ON FREEDOM OF INFORMATION ACT
PROCESSING DELAYS.

(a) Short Title.--This section 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 section
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) 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).
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