Openness Promotes Effectiveness in our National Government Act of 2005

Bill: 109-hr-867
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2005-02-16 in the House
Policy area: Government Operations and Politics
Subjects: Administrative Conference of the U.S.
Administrative procedure
Administrative remedies
Business records
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Commerce
Congress
Congressional investigations
Congressional reporting requirements
Data banks
Disciplining of employees
Economics and Public Finance
Electronic government information
Employee training
Evidence (Law)
Executive reorganization
Federal employees
Federal officials
Freedom of information
Government contractors
Government paperwork
Government publicity
Government statistics
Governmental investigations
Identification devices
Infrastructure
Infrastructure (Economics)
Internet
Judicial review
Labor and Employment
Law
Legal fees
Legislation
Mass media
Mediation
Performance measurement
Personnel management
Position classification
Promotions
Public records
Salaries
Science, Technology, Communications
Telephone
Terrorism
User charges
Web sites

Summary:
action_date: 2005-02-16
text: 
Openess Promotes Effectiveness in our National Government Act of 2005 or OPEN Government Act of 2005 - Amends the Freedom of Information Act (FOIA) to prohibit a Federal agency from denying the present fee status for a news media representative solely on the absence of institutional associations of the requester and requires consideration of the requester's prior publication history. Requires an agency, if a requester has no prior publication history or current affiliation, to consider the requester's stated intent at the time the request is made to distribute information to a reasonably broad audience.
 
Provides that, for purposes of recovery of attorney fees and other litigation costs, a complainant has substantially prevailed if : (1) the complainant has obtained a substantial part of its requested relief through a judicial or administrative order or an enforceable written agreement; or (2) the complainant's pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides a substantial part of the requested relief.
 
Directs the Attorney General to: (1) notify the Special Counsel of civil actions taken for arbitrary and capricious rejections of requests for agency records; and (2) annually submit reports on the number of such actions taken. 
 
Provides for the commencement of the 20-day time limit within which agencies shall determine whether to comply with a request for agency records on the day in which the request is first received.
 
Requires agencies to establish: (1) a system to assign tracking numbers for requests for information; and (2) telephone or Internet service that provides the status of requests.
 
Prohibits applying FOIA section 552 provisions to matters that are specifically exempted from disclosure by a statute (other than open meetings under the Government in the Sunshine Act) that specifically cites this Act.
 
Establishes the Office of Government Information Services within the U.S. Administrative Conference to review section 552 policies and procedures by administrative agencies.
 
Requires the: (1) Comptroller General to annually report on implementation of provisions for the protection of voluntarily shared critical infrastructure information; and (2) Office of Personnel Management to report on personnel policies related to FOIA.


Legislative actions:
action_date: 2006-09-27
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
action_date: 2006-09-27
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2005-03-07
text: Referred to the Subcommittee on Government Management, Finance, and Accountability.
action_date: 2005-02-16
text: Referred to the House Committee on Government Reform.
action_date: 2005-02-16
text: Introduced in House
action_date: 2005-02-16
text: Introduced in House