3.0.0 394 2023-01-12T17:52:04Z 2023-01-12T17:52:04Z Senate S S 2005-02-16 109 ssju00 Judiciary Committee Senate Standing ssju09 Terrorism and Homeland Security Subcommittee Hearings by 2005-03-15T21:55:39Z Reported by 2006-09-21T16:31:15Z Markup by 2006-09-21T15:47:55Z Referred to 2005-02-16T15:50:15Z Openness Promotes Effectiveness in our National Government Act of 2005 109 867 HR 2006-09-27 Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote . Identical bill CRS 2006-09-21 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 628. Calendars 2006-09-21 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Specter without amendment. Without written report. Committee 2006-09-21 Committee on the Judiciary. Reported by Senator Specter without amendment. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2006-09-21 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported without amendment favorably. Committee 2005-03-15 ssju09 Terrorism and Homeland Security Subcommittee Senate Committee on the Judiciary Subcommittee on Terrorism, Technology and Homeland Security. Hearings held. Committee 2005-02-16 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1524-1525) IntroReferral 2005-02-16 Sponsor introductory remarks on measure. (CR S1520-1524) IntroReferral B00100 9 Library of Congress 2005-02-16 Introduced in Senate IntroReferral 10000 9 Library of Congress C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX N L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2005-02-16 True I000055 Sen. Isakson, Johnny [R-GA] Johnny Isakson R GA 2005-03-14 False A000360 Sen. Alexander, Lamar [R-TN] Lamar Alexander R TN 2005-03-16 False N000180 Sen. Nelson, Ben [D-NE] E. Nelson D NE Benjamin 2005-04-05 False F000061 Sen. Feingold, Russell D. [D-WI] RUSSELL FEINGOLD D WI D. 2005-04-26 False J000177 Sen. Johnson, Tim [D-SD] TIM JOHNSON D SD 2006-09-29 False 2006-11-09T06:00:00Z S. 394, OPEN Government Act of 2005 http://www.cbo.gov/publication/18246 <p>Cost estimate for the bill as reported by the Senate Committee on the Judiciary on September 21, 2006</p> 2006-11-09T06:00:00Z S. 394, OPEN Government Act of 2005 https://www.cbo.gov/publication/18246 Cost estimate for the bill as reported by the Senate Committee on the Judiciary on September 21, 2006 Government Operations and Politics 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 Government Operations and Politics 00 2005-02-16 Introduced in Senate 2005-03-24T21:47:12Z 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.

]]> 80 2006-09-21 Reported to Senate without amendment 2006-12-12T21:35:56Z (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 2005 or OPEN Government Act of 2005 - (Sec. 3) Amends the Freedom of Information Act (FOIA), with respect to document duplication fees, to prohibit a federal agency 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 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.

(Sec. 4) 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.

(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) annually submit reports on the number of such actions taken. Requires the Special Counsel to annually submit reports to Congress on the actions taken by the Special Counsel regarding civil actions taken for such rejections of requests for agency records.

(Sec. 6) 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. Prohibits agencies from tolling a request without the consent of the party filing the request.

Prohibits an agency, if the agency fails to comply with the applicable time limit provisions of the FOIA with respect to a request, from asserting any exemption to that request, unless disclosure: (1) would endanger U.S. national security; (2) would disclose personal private information protected by the Privacy Act of 1974 or proprietary information; or (3) is otherwise prohibited by law. Permits a court to waive the application of such amendment if the agency demonstrates by clear and convincing evidence that there was good cause for the failure to comply with the applicable time limit provisions. Makes such amendment effective one year after enactment of this Act.

(Sec. 7) 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. Makes such amendment effective one year after enactment of this Act.

(Sec. 8) Prohibits requiring an agency to make public matters that are specifically exempted from disclosure by statute provided that such statute, if enacted after the date of enactment of this Act, specifically states that the exemption applies.

(Sec. 9) Revises reporting requirements for annual agency reporting to the Attorney General concerning FOIA requests to require additional information.

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

(Sec. 11) Establishes the Office of Government Information Services within the U.S. Administrative Conference to: (1) review section FOIA policies and procedures by administrative agencies; (2) conduct audits of administrative agencies on such policies and compliance and issue reports detailing the results of such audits; (3) recommend policy changes to Congress and the President to improve the administration of the FOIA, including whether agencies are receiving and spending adequate funds to ensure compliance with the FOIA; and (4) offer mediation services between persons making requests under the FOIA and administrative agencies as a non-exclusive alternative to litigation and, at the discretion of the Office, issue advisory opinions if mediation has not resolved the dispute. Makes such amendments effective one year after enactment of this Act.

(Sec. 12) Requires the Comptroller General each of the three years after enactment of this Act, to report on implementation of provisions for the protection of voluntarily shared critical infrastructure information under the Homeland Security Act of 2002, including: (1) the number of persons in the private sector and the number of state and local agencies that voluntarily furnished records to the Department of Homeland Security; (2) the number of requests for access to records granted or denied; (3) such recommendations considered appropriate regarding improvements in the collection and analysis of sensitive information held by persons in the private sector, or by state and local agencies, related to vulnerabilities of and threats to critical infrastructure, including the response to such vulnerabilities and threats; and (4) an examination of whether the nondisclosure of such information has led to increased protection of critical infrastructure. Requires that such reports be submitted in unclassified form and permits them to include a classified annex.

(Sec. 13) Requires the Office of Personnel Management (OPM) to report on personnel policies related to FOIA.

]]> OPEN Government Act of 2005 Display Title OPEN Government Act of 2005 Short Titles as Introduced Openness Promotes Effectiveness in our National Government Act of 2005 Short Titles as Reported to Senate OPEN Government Act of 2005 S Senate Short Titles as Introduced OPEN Government Act of 2005 Popular Titles FOIA (Freedom of Information) bill 9 Library of Congress Official Title as Introduced A bill 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. Short Titles as Reported to Senate Openness Promotes Effectiveness in our National Government Act of 2005 S Senate Reported to Senate 2006-09-21T04:00:00Z Introduced in Senate 2005-02-16T05:00:00Z 2006-09-21 Placed on Senate Legislative Calendar under General Orders. Calendar No. 628. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.