The House of Representatives on
March 14, 2007, passed a bill (H.R. 1309) intended to strengthen the Freedom of
Information Act (FOIA) by giving those requesting information new tools to
prompt government action and imposing consequences on agencies that miss
deadlines. The Senate Judiciary Committee on April 12, 2007, approved The
Openness Promotes Effectiveness in our National Government Act (OPEN Government
Act) (S. 849) to update and strengthen FOIA.
Among other changes to FOIA, both
the Senate and the House bills would expand the ability to obtain reimbursement
of attorney fees when challenging agency denials in court. The bills would also
clarify that the 20-day statutory clock for agencies to respond to requests
begins to run immediately upon an agency's receipt of a request. The measures
also require agencies to give requesters tracking numbers and access to a
telephone or Internet hotline to obtain information about the status of their
requests.
In addition, the legislation establishes a new
position for a FOIA ombudsman to aid requesters and mediate disputes. In the
House bill, the ombudsman would be located at the National Archives and Records
Administration. The Senate bill would house the ombudsman at the Administrative
Conference of the United States (ACUS), a small agency that Congress eliminated
in the mid-1990s. The previous Congress re-authorized ACUS, which sought to
improve government administrative practices, but ACUS has not received funding
and effectively remains defunct.
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