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HR 867 109th Congress House

OPEN Government Act of 2005

Official title: To promote 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.

Introduced: September 13, 2005 See on congress.gov
Government Operations and Politics Administrative Conference of the U.S.Administrative procedureAdministrative remediesBusiness records
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Civil Rights and Liberties, Minority IssuesCivil actions and liabilityCommerceCongressCongressional investigationsCongressional reporting requirementsData banksDisciplining of employeesEconomics and Public FinanceElectronic government informationEmployee trainingEvidence (Law)Executive reorganizationFederal employeesFederal officialsFreedom of informationGovernment contractorsGovernment paperworkGovernment publicityGovernment statisticsGovernmental investigationsIdentification devicesInfrastructureInfrastructure (Economics)InternetJudicial reviewLabor and EmploymentLawLegal feesLegislationMass mediaMediationPerformance measurementPersonnel managementPosition classificationPromotionsPublic recordsSalariesScience, Technology, CommunicationsTelephoneTerrorismUser chargesWeb sites
This bill died when the 109th Congress ended
It never became law before the 109th Congress (2005–2006) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 5 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 27, 2006
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
Sep 27, 2006
Subcommittee Consideration and Mark-up Session Held.
Mar 7, 2005
Referred to the Subcommittee on Government Management, Finance, and Accountability.
Feb 16, 2005
Referred to the House Committee on Government Reform.
Feb 16, 2005
Introduced in House
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 Latest action September 27, 2006

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

 Plain-English summary Congressional Research Service

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.

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 867: OPEN Government Act of 2005. 109th Congress. Open America. https://openamerica.io/bill/109-HR-867/
MLA
"H.R. 867: OPEN Government Act of 2005." 109th Congress, 2026, Open America, https://openamerica.io/bill/109-HR-867/.
Bluebook (legal)
H.R. 867, 109th Cong. (2026), https://openamerica.io/bill/109-HR-867/.
Markdown link
[H.R. 867: OPEN Government Act of 2005](https://openamerica.io/bill/109-HR-867/)
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