H.R.1326 - Openness Promotes Effectiveness in our National Government Act of 2007110th Congress (2007-2008)
|Sponsor:||Rep. Smith, Lamar [R-TX-21] (Introduced 03/05/2007)|
|Committees:||House - Oversight and Government Reform|
|Latest Action:||House - 03/27/2007 Referred to the Subcommittee on Information Policy, Census, and National Archives. (All Actions)|
|Notes:||For further action, see S.2488, which became Public Law 110-175 on 12/31/2007.|
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Summary: H.R.1326 — 110th Congress (2007-2008)All Information (Except Text)
Introduced in House (03/05/2007)
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 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 in a case in which 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 systems to track requests.
Adds requirements for reports by agencies to the Attorney General on such requests.
Establishes the Office of Government Information Services in the National Archives to: (1) provide, as a non-exclusive alternative to litigation, guidance to FOIA requesters; (2) review policies and procedures by administrative agencies under FOIA; and (3) recommend to Congress and the President policy changes to improve FOIA's administration.
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.