OPEN Government Act of 2007

The OPEN Government Act of 2007 (S.849) &mdash;the Openness Promotes Effectiveness in Our National Government Act of 2007 &mdash;was introduced March 13, 2007, in the U.S. Senate by Sen. Patrick Leahy (D-Vt.) and John Cornyn (R-Tex.).

About S.849


Purpose
The Act is intended "To promote accessibility, accountability, 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." The Act is also referred to as the Freedom of Information Reform Act of 2007.

"The bill contains more than a dozen substantive provisions designed to achieve the following four objectives: (as stated)


 * 1) Strengthen FOIA and close loopholes
 * 2) Help FOIA requestors obtain timely responses to their requests
 * 3) Ensure that agencies have strong incentives to act on FOIA requests in a timely fashion
 * 4) Provide FOIA officials with all of the tools they need to ensure that our government remains open and accessible

Status: "secret hold"
In March 2007, the U.S. House of Representatives passed a similar Act (H.R.1326: OPEN Government Act of 2007 ).

On April 12, 2007, the Senate Committee on the Judiciary "unanimously passed" the Act and "sent the measure forward to the full Senate for a vote". On April 30, 2007, the bill was placed on the Senate Legislative Calendar (No. 127) under General Orders.

However, "a senator or senators" placed the bill on "a secret hold", in effect blocking the bill from reaching the Senate floor for a May 24, 2007, vote.

On May 31, 2007, Sen. Kyl "revealed his identity ... days after the bill's backers launched an e-mail and telephone campaign, urging supporters to help in 'smoking out Senator Secrecy.' They pointed out the irony that an open government bill was being blocked using a rule that allowed secrecy."

The Society of Professional Journalists used "the power of the blogosphere to find out whose legislative bludgeon was buried in the back of open government", calling "every senator, one by one, until at last – when it became clear he could hide no longer – Sen. Jon Kyl (R-Ariz.) came blinking and grimacing into the sunlight and admitted that it was he who placed a secret hold … on a bill that addresses secrecy in government." In a statement, Kyl said that "the Justice Department has 'uncharacteristically strong' objections to the bill" and that he would "block a vote until both sides can work out the differences."

Charles N. Davis commented on the "secret hold" June 1, 2007, in The Politico:"


 * "It’s a beauty – a real relic of the smoke-filled rooms of yesteryear, the stuffed shirts and fat cats with stogies guffawing over the latest bamboozle of the taxpaying schmucks. Think country clubs, secret handshakes and bizarre rituals. ...


 * "This is how it works in Washington, kids: Sen. Kyl – this year’s Secrecy Champion – has several as-yet-unstated objections to the Freedom of Information Reform Act, a truly wonderful bill that would significantly improve one of the strongest tools Americans have to supervise the inner workings of government and to hold elected officials accountable."

Related legislation

 * H.R.1309: Freedom of Information Act Amendments of 2007, was introduced March 5, 2007, in the U.S. House of Representatives by Reps. William Lacy Clay (D-Mo.), Todd Russell Platts (R-Penn.), and Henry A. Waxman (D-Calif.). On March 15, 2007, the bill was referred to the Senate Committee on Homeland Security and Governmental Affairs.


 * H.R.1326: OPEN Government Act of 2007 was introduced March 5, 2007, in the U.S. House of Representatives by Rep. Lamar Smith (R-Tex.). The bill was referred March 5, 2007, to the House Committee on Oversight and Government Reform.

Documents

 * S.394: OPEN Government Act of 2005 and H.R.867: OPEN Government Act of 2005, GovTrack. Note: Bills are identical.
 * Text: S.849: OPEN Government Act of 2007, Thomas, March 5, 2007 and Openness Promotes Effectiveness In Our National Government Act Of 2007. ("Open Government Act Of 2007"). Section-By-Section Analysis.
 * Text: H.R.1309: Freedom of Information Act Amendments of 2007 (also see Thomas and GovTrack;) Bill Summary; and News Release: H.R.1309: Freedom of Information Act Amendments of 2007, House Committee on Oversight and Government Reform.
 * Congressional Report on H.R.1309, with additional views, March 12, 2007.
 * Text: H.R.1326: OPEN Government Act of 2007, Thomas.

Background

 * "FOIA Legislative History" (1966-2002), The National Security Archive, George Washington University.
 * "The FOIA and President Ronald Reagan," The National Security Archive, George Washington University.
 * The Freedom of Information Act, 5 U.S.C. § 552. As Amended in 2002, U.S. Department of Justice.
 * Scott A. Hodes, "FOIA Facts: Ronald Reagan's FOIA Legacy," LLRX.com, June 21, 2004.

Websites

 * http://www.OpenTheGovernment.org

2006

 * "Renewed Call for FOIA Improvement Legislation," OMB Watch, August 8, 2006.
 * "Senate committee gives OK to FOIA reforms. Sweeping reform bill takes the first step on a path seeking the first major changes to the Freedom of Information Act in years," The Reporters Committee for Freedom of the Press (RCFP), September 21, 2006.
 * "OPEN Government Act Clears Senate Committee Hurdle," OMB Watch, September 26, 2006.
 * "Attorney General's Report Ignores Serious Problems in Agency FOIA Programs. National Security Archive Calls for Congressional Oversight," The National Security Archive, George Washington University, October 19, 2006.

2007

 * "House Subcommittee Asks Archive for FOIA Reform Advice. Archive General Counsel Testifies that Congress Should Mandate Solutions; Cites 17 Year Delays, Lost Requests, and Agency Obstruction of FOIA," The National Security Archive, George Washington University, February 14, 2007.
 * "House hearing tackles FOIA reform. Congress making early moves toward open government legislation," RCFP, February 16, 2007.
 * "FOIA Reform Kicks Off in the House," OMB Watch, February 21, 2007.
 * "FOIA 2007 bill off to a fast start. A new open government reform bill makes it over its first two hurdles on its way to becoming law," RCFP, March 6, 2007.
 * "FOIA amendments set for vote in House. Democrats in the House Committee on Oversight and Government Reform beat back Republican attempts to remove key reforms contained in the bill," RCFP, March 8, 2007.
 * John Cornyn, "More Texas Sunshine for Government," Texas Times Weekly, March 9, 2007. (Posted on Sen. John Cornyn's official website.)
 * "Statement Of Senator John Cornyn On 'Open Government: Reinvigorating The Freedom Of Information Act'," Office of Sen. John Cornyn, March 14, 2007.
 * "Archive Testifies in Support of Senate FOIA Reform Efforts. Archive General Counsel Testifies that FOIA Executive Order Does Not Go Far Enough to Enforce Compliance with FOIA. Congress Must Mandate Solutions for Delay, Agency Obstruction on FOIA," The National Security Archive, George Washington University, March 14, 2007.
 * "Congress moves on FOIA reform. The House votes to pass amendments to FOIA, while the Senate Judiciary Committee holds hearings on a similar bill," RCFP, March 15, 2007.
 * "Improved FOIA on Hold," OMB Watch, May 2007.
 * "Archive and openness advocates urge court scrutiny of government secrecy claims; Amicus brief argues against deference in warrantless wiretapping case," The National Security Archive, George Washington University, May 3, 2007.
 * "Kyl Draws Ire Of Open Government Backers. Sen. Jon Kyl's Vow To Block Open Government Measure Has Journalism Groups, Advocates Irate," Associated Press (CBS News), May 31, 2007.
 * Charles Davis, "Senator puts hold on greater freedom of information," Muskogee Phoenix, June 4, 2007.
 * "Bring secret holds, reform act into the light," The Missoulian, June 6, 2007.