Skip to main content
HR 867 109th Congress House 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

OPEN Government Act of 2005

Introduced: February 16, 2005 See on congress.gov
 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
 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.

What's happening now September 27, 2006

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

 Committees of jurisdiction 2