Senate Passes OPEN Government Act

Before the August congressional recess, the Senate passed The OPEN Government Act (S. 849), the first meaningful reform of the Freedom of Information Act (FOIA) in over a decade. In March 2007, the House approved a similar bill (H.R. 1309) by an overwhelming vote of 308-117.

In the hours leading up to the Senate vote, representatives of the Sunshine in Government Initiative, a media coalition spearheaded by the Associated Press and the NAA, participated in lengthy discussions with key committee staff, to protect important provisions of S. 849. The House is now considering whether it will accept the Senate bill or request a House and Senate conference to resolve differences between the two bills.

The legislation makes simple, common sense reforms in the way federal agencies process requests for documents under FOIA. Among its improvements, the bill creates a tracking system and hotline for requesters; imposes real consequences on federal agencies for missing statutory deadlines; creates an ombudsman to help requesters use FOIA and mediate disputes; and makes it easier for the public to recover legal fees when litigation is the catalyst for the release of records.

First Published:
September 03, 2007