Detailed Summary

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

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.

Status of the Legislation

Latest Major Action: 9/4/2007: Held at the desk.

Points in Favor

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Points Against

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