Openness Promotes Effectiveness in our National Government Act of 2007

Bill: 110-s-849
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2007-03-13 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative Conference of the U.S.
Administrative procedure
Administrative remedies
Alternative dispute resolution
Business records
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Commerce
Congress
Congressional investigations
Congressional reporting requirements
Consent decrees
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
Journalism
Judicial review
Labor and Employment
Law
Legal fees
Legislation
Mass media
Mediation
National Archives and Records Administration
Performance measurement
Personnel management
Position classification
Promotions
Public records
Reporters and reporting
Salaries
Science, Technology, Communications
Telephone
Terrorism
User charges
Web sites

Summary:
action_date: 2007-03-13
text: 
Openness Promotes Effectiveness in our National Government Act of 2007 or the OPEN Government Act of 2007 - Amends Freedom of Information Act (FOIA) provisions to prohibit a federal agency from denying a requester status as a news media representative for purposes of determining FOIA request processing fees solely on the absence of institutional association. Requires an agency to consider the requester's prior publication history or stated intent to distribute information to a reasonably broad audience.

Provides that, for purposes of recovery of attorney fees and other litigation costs under FOIA, a complainant has substantially prevailed if the complainant has obtained relief through either: (1) a judicial order, an administrative action, or an enforceable written agreement or consent decree; or (2) a voluntary or unilateral change in position by the opposing party where the complainant's claim or defense was not frivolous.

Directs the Attorney General to notify the Special Counsel of and report to Congress on civil actions taken for arbitrary and capricious rejections of requests for agency records. 

Prohibits the tolling of the time limit within which agencies determine whether to comply with a request for records without the consent of the party filing the request.

Requires agencies to establish a system to assign an individual tracking number for FOIA requests and a telephone line or Internet service to provide information on the status of a request.

Requires specific statutory citations for FOIA disclosure exemptions. Revises certain agency reporting requirements relating to FOIA requests.

Establishes the Office of Government Information Services within the Administrative Conference of the United States to review, audit, and recommend policy changes to agency FOIA policies and procedures.

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.


action_date: 2007-04-30
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) 

Openness Promotes Effectiveness in our National Government Act of 2007 or the OPEN Government Act of 2007 - Amends the Freedom of Information Act (FOIA) to revise requirements for federal agency disclosures of information requested under that Act. 

(Sec. 3) Prohibits a federal agency, in setting document duplication fees, from denying news media status to 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 such 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. 

(Sec. 4) Provides that, for purposes of awarding attorney fees and litigation costs, a FOIA complainant has substantially prevailed in a legal proceeding to compel disclosure if such complainant obtained relief through either: (1) a judicial order, administrative action, or an enforceable written agreement or consent decree; or (2) a voluntary or unilateral change in position by the opposing party in a case where the complainant's claim or defense was not frivolous. 

(Sec. 5) 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) submit annual reports to Congress on the number of such civil actions in the preceding year. Directs the Special Counsel to submit an annual report to Congress on investigations of agency rejections of FOIA requests. 

(Sec. 6) Requires the 20-day period during which an agency must determine whether to comply with a FOIA request to begin on the date on which the request is first received by such agency. Prohibits the tolling of the 20-day period without the consent of the FOIA requester. Prohibits an agency from asserting exemptions from such disclosure requirements, unless disclosure: (1) would endanger national security; (2) would disclose personal private information protected by such Act or proprietary information; or (3) is otherwise prohibited by law. Authorizes a court to waive such a prohibition if the agency demonstrates by clear and convincing evidence that there was good cause for the failure to comply with the time limit provisions. 

(Sec. 7) Requires agencies to establish: (1) a system to assign an individualized tracking number for FOIA requests and provide requesters with such tracking number within 10 days after receiving a request; and (2) a telephone line or Internet service that provides information on the status of a request. Makes this requirement effective one year after the enactment of this Act. 

(Sec. 8) Requires any statutory exemption from disclosure under FOIA enacted after the date of enactment of this Act to cite directly to FOIA disclosure exemption provisions. 

(Sec. 9) Revises annual agency reporting requirements on compliance with FOIA to require information on: (1) FOIA denials based upon particular statutes; (2) agency response times and; (3) compliance of each principal component of an agency and for the agency overall. Requires agencies to make the raw statistical data used in reports electronically available to the public upon request.

(Sec. 10) Redefines "record" under FOIA to include any information maintained by a contractor for a federal agency. 

(Sec. 11) Establishes within the Administrative Conference of the United States an Office of Government Information Services. Requires such Office to: (1) review compliance with FOIA policies; (2) recommend policy changes to Congress; and (3) offer mediation services between FOIA requesters and administrative agencies as a non-exclusive alternative to litigation and issue advisory opinions if mediation has not resolved the dispute. 

(Sec. 12) Requires the Comptroller General to report to Congress, not later than January 1 of each of the three years after the enactment of this Act, on the implementation and use of provisions for the protection of voluntarily shared critical infrastructure information under the Homeland Security Act of 2002. Requires such reports to be submitted in unclassified form, allowing a classified annex. 
 
(Sec. 13) Requires the Office of Personnel Management (OPM) to report to Congress on personnel policies related to FOIA.
action_date: 2007-08-03
text: 
Openness Promotes Effectiveness in our National Government Act of 2007 or the OPEN Government Act of 2007 - Amends the Freedom of Information Act (FOIA) to revise requirements for federal agency disclosures of information requested under that Act. 
 
(Sec. 3) Provides definitions of &quot;representative of the news media&quot; and &quot;news,&quot; for purposes of request processing fees. Regards a freelance journalist as working for a news-media entity if the journalist can demonstrate a solid basis for expecting publication through that entity, whether or not the journalist is actually employed by the entity. 
 
(Sec. 4) Provides that, for purposes of awarding attorney fees and litigation costs, a FOIA complainant has substantially prevailed in a legal proceeding to compel disclosure if such complainant obtained relief through either: (1) a judicial order or an enforceable written agreement or consent decree; or (2) a voluntary or unilateral change in position by the agency provided that the complainant's claim is not insubstantial. 
 
(Sec. 5) 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) submit annual reports to Congress on the number of such civil actions in the preceding year. Directs the Special Counsel to submit an annual report to Congress on investigations of agency rejections of FOIA requests. 
 
(Sec. 6) Requires the 20-day period during which an agency must determine whether to comply with a FOIA request to begin on the date on which the request is first received by the appropriate component of the agency, but in any event no later than 10 days after the request is first received by any component of the agency that is designated in the agency's FOIA regulations to receive FOIA requests. Prohibits the tolling of the 20-day period by the agency except: (1) that the agency may make one request to the requester for information and toll the 20-day period while it is awaiting such information that it has reasonably requested from the FOIA requester; or (2) if necessary to clarify with the requester issues regarding fee assessment. Ends the tolling period on the agency's receipt of the requester's response to the agency's request for information or clarification. 
 
Prohibits an agency from assessing search fees if it fails to comply with time limits provided that no unusual or exceptional circumstances apply to the processing of the request. Requires each agency to make available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency.
 
(Sec. 7) Requires agencies to establish: (1) a system to assign an individualized tracking number for FOIA requests received that will take longer than 10 days to process and provide to each person making a request the tracking number assigned to the request; and (2) a telephone line or Internet service that provides information on the status of a request. Makes this requirement effective one year after the enactment of this Act. 
 
(Sec. 8) Requires any statutory exemption from disclosure under FOIA enacted after the date of enactment of this Act to cite directly to FOIA disclosure exemption provisions. 
 
(Sec. 9) Revises annual agency reporting requirements on compliance with FOIA to require information on: (1) FOIA denials based upon particular statutes; (2) agency response times and; (3) compliance of each principal component of an agency and for the agency overall. Requires agencies to make the raw statistical data used in reports electronically available to the public upon request.
 
(Sec. 10) Redefines "record" under FOIA to include any information maintained by a contractor for a federal agency. 
 
(Sec. 11) Establishes within the National Archives and Records Administration (NARA) an Office of Government Information Services to: (1) review compliance with FOIA policies; (2) recommend policy changes to Congress and the President; and (3) offer mediation services between FOIA requesters and administrative agencies as a non-exclusive alternative to litigation. Authorizes the Office to issue advisory opinions if mediation has not resolved the dispute. 
 
Requires each agency to designate a Chief FOIA Officer, who shall: (1) have responsibility for compliance with the FOIA; (2) monitor FOIA implementation; (3) recommend to the head of the agency such adjustments to agency practices, policies, personnel, and funding as may be necessary to improve its implementation of the FOIA; and (4) facilitate public understanding of the purposes of the FOIA's statutory exemptions. Requires agencies to designate at least one FOIA Public Liaison who shall be appointed by the Chief FOIA Officer. Requires the liaison to: (1) serve as an official to whom a FOIA requester can raise concerns about the service the FOIA requester has received from the FOIA Requester Center; and (2) be responsible for assisting in reducing delays, increasing transparency and understanding of the status of requests, and assisting in the resolution of disputes.
 
 
(Sec. 12) Requires the Office of Personnel Management (OPM) to report to Congress on personnel policies related to FOIA.

Legislative actions:
action_date: 2007-09-04
text: Held at the desk.
action_date: 2007-09-04
text: Received in the House.
action_date: 2007-08-06
text: Message on Senate action sent to the House.
action_date: 2007-08-03
text: Passed Senate with amendments by Unanimous Consent. (text: CR 9/4/2007 S11071-11073)
action_date: 2007-08-03
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR 9/4/2007 S11071-11073)
action_date: 2007-08-03
text: Measure laid before Senate by unanimous consent. (consideration: CR S10986-10991)
action_date: 2007-04-30
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 127.
action_date: 2007-04-30
text: Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-59. Additional views filed.
action_date: 2007-04-30
text: Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-59. Additional views filed.
action_date: 2007-04-12
text: Committee on the Judiciary. Ordered to be reported without amendment favorably.
action_date: 2007-03-14
text: Committee on the Judiciary. Hearings held.
action_date: 2007-03-13
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2007-03-13
text: Sponsor introductory remarks on measure. (CR S3066)
action_date: 2007-03-13
text: Introduced in Senate