SA 1147. Mr. LEAHY (for himself and Mr. CORNYN) submitted an amendment intended to be proposed by him to the bill S. 849, to promote accessibility, accountability, and openness in Government by strengthening section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), and for other purposes; which was ordered to lie on the table; as follows:


Strike section 6 and insert the following:
SEC. 6. TIME LIMITS FOR AGENCIES TO ACT ON REQUESTS.
(a) Time Limits.--
(1) IN GENERAL.--Section 552(a)(6)(A)(i) of title 5, United States Code, is amended by striking ``determine within 20 days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request'' and inserting ``within the 20-day period commencing on the date on which the request is first received by the agency (excepting Saturdays, Sundays, and legal public holidays), which shall not be tolled without the consent of the party filing the request, determine''.
(2) EFFECTIVE DATE.--The amendment made by this subsection shall take effect 1 year after the date of enactment of this Act.
(b) Applicability of Agency Fees.--
(1) LIMITATION.--Section 552(a)(4)(A) of title 5, United States Code, is amended by adding at the end the following:
``(viii) An agency shall refund any fees collected under this subparagraph if the agency fails to comply with any time limit that applies under paragraph (6). Such refunds shall be paid from annual appropriations provided to that agency.''.
(2) EFFECTIVE DATE AND APPLICATION.--The amendment made by this subsection shall take effect 1 year after the date of enactment of this Act and shall apply to requests for information under section 552 of title 5, United States Code, filed on or after that effective date.


(As printed in the Congressional Record for the Senate on May 21, 2007.)