Open Government Act Becoming Law

The bill was passed by the Senate on the evening of Aug. 3rd, 2007, by unanimous consent.OPEN Government Act On Way To Becoming LawBy Cliff Montgomery – Aug. 17th, 2007Shortly before its August recess, the U.S. Senate finally joined the House in approving the OPEN Government Act, a bipartisan bill intended to fix a number of the worst  problems which over the years have crept into the federal government’s application of the U.S. Freedom of Information Act (FOIA).The faults were verified in six government-wide studies conducted by the National Security Archive, a non-governmental watchdog organization.The bill, chiefly sponsored by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX), triumphed over a hold placed on the legislation by Sen. Jon Kyl (R-AZ), who was fulfilling a request from the Bush Administration’s Justice Department. It passed in the evening of Aug. 3rd, 2007, by unanimous consent.It was one of the Senate’s last acts before the Congressional August recess.Among other things, the OPEN Government Act will ensure the attachment of a tracking number to any FOIA request which hasn’t been processed in 10 days; it will force agencies to be more accurate in their FOIA program reports to Congress; it will create a mediation office at the National Archives to resolve conflicts between requesters and agencies; and it will create a number of processing incentives for government agencies.An early version of the bill overwhelmingly was passed by the U.S. House of Representatives in March 2007. But the Senate’s progress on the legislation has been a different matter.Senate action was halted for months by Sen. Kyl, who placed a “hold” on the bill at the apparent behest of the Justice Department. But a number of scathing journalist editorials–including those published by The Arizona Republic, in Sen. Kyl’s homestate–branded Kyl “the Secrecy Senator”.Apparently the bad press was too much for Senator Kyl. His staff worked out a compromise with the senator’s fellow lawmakers, and the bill was quickly passed on the evening of Aug. 3rd.Below we quote from a speech given by Sen. Leahy on the Senate floor shortly after the bill’s passage:”Mr. President, I am pleased that the Senate has passed the Leahy-Cornyn Openness Promotes Effectiveness in our National Government Act’’ (the ‘‘OPEN Government Act’’), S. 849, before adjourning for the August recess. This important Freedom of Information Act legislation will strengthen and reinvigorate FOIA for all Americans.”For more than four decades, FOIA has translated the great American values of openness and accountability into practice by guaranteeing access to government information. The OPEN Government Act will help ensure that these important values remain a cornerstone of our American democracy.”I commend the bill’s chief Republican cosponsor, Senator JOHN CORNYN, for his commitment and dedication to passing FOIA reform legislation this year. Since he joined the Senate five years ago, Senator CORNYN and I have worked closely together on the Judiciary Committee to ensure that FOIA and other open government laws are preserved for future generations.”The passage of the OPEN Government Act is a fitting tribute to our bipartisan partnership and to openness, transparency and accountability in our government.”I also thank the many cosponsors of this legislation for their dedication to open government and I thank the Majority Leader for his strong support of this legislation.”But, most importantly, I especially want to thank the many concerned citizens who, knowing the importance of this measure to the American people’s right to know, have demanded action on this bill. This bill is endorsed by more than 115 business, public interest, and news organizations from across the political and ideological spectrum…”As the first major reform to FOIA in more than a decade, the OPEN Government Act will help to reverse the troubling trends of excessive delays and lax FOIA compliance in our governmentand help to restore the public’s trust in their government.”This bill will also improve transparency in the Federal Government’s FOIA process by:Restoring meaningful deadlines for agency action under FOIA;Imposing real consequences on federal agencies for missing FOIA’s 20-day statutory deadline;Clarifying that FOIA applies to government records held by outside private contractors;Establishing a FOIA hotline service for all federal agencies; andCreating a FOIA Ombudsman to provide FOIA requesters and federal agencies with a meaningful alternative to costly litigation.”Specifically, the OPEN Government Act will protect the public’s right to know, by ensuring that anyone who gathers information to inform the public, including freelance journalists and bloggers, may seek a fee waiver when they request information under FOIA.”Like what you’re reading so far? 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