S. 2488: OPEN Government Act of 2007

110th Congress · introduced 2007-12-14 · Government Operations and Politics · Latest: Became Public Law No: 110-175.

federal

Follow this bill, step by step

Where it came from: introduced 2007-12-14 · official record
Who proposed it: Sen. Leahy, Patrick J. [D-VT] · what a sponsor is
What happened next: no floor votes in our records yet. Why?
Where it stands now: Became Public Law No: 110-175. (final step reached)
If it becomes law and spends money: follow the money to money laws, then agencies and contracts and grants.

What does this mean?

Official title

OPEN Government Act of 2007

Plain summary

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) 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) Provides definitions of "representative of the news media" and "news" for purposes of request processing fees. Regards a freelance journalist as working for a news-media entity if the journalist can demonstrate a solid basis for expecting publication through that entity. (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 or an enforceable written agreement or consent decree; or (2) a voluntary or unilateral change in position by the agency if the complainant's claim is not insubstantial. Prohibits the Treasury's Claims and Judgment Fund from being used to pay reasonable attorney fees in cases where the complainant has substantially prevailed. Requires fees to be paid only from funds annually appropriated for authorized purposes for the federal agency against which a claim or judgment has been rendered. (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 such civil actions. Directs the Special Counsel to submit an annual report 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 the request is received by the appropriate component of the agency, but no later than 10 days after the request is received by any component that is designated to receive FOIA requests in the agency's FOIA regulations. Prohibits the tolling of the 20-day period by the agency, except: (1) that the agency may make one request to the requester for information and toll the 20-day period while it is awaiting such information; or (2) if necessary to clarify with the requester issues regarding fee assessment. Ends the tolling period on the agency's receipt of the requester's response. Prohibits an agency from assessing search or duplication fees if it fails to comply with time limits, provided that no unusual or exceptional circumstances apply to the processing of the request. Requires each agency to make available its FOIA Public Liaison, who shall assist in the resolution of any disputes between the requester and the agency. (Sec. 7) Requires agencies to establish: (1) a system to assign an individualized tracking number for each FOIA request received that will take longer than 10 days to process; and (2) a telephone line or Internet service that provides information on the status of a request. (Sec. 8) Revises annual reporting requirements on agency compliance with FOIA to require information on: (1) FOIA denials based upon particular statutes; (2) response times; and (3) compliance by the agency and by each principal component thereof. Requires agencies to make the raw statistical data used in reports electronically available to the public upon request. (Sec. 9) Redefines "record" under FOIA to include any information maintained by an agency contractor. (Sec. 10) Establishes within the National Archives and Records Administration (NARA) an Office of Government Information Services to: (1) review compliance with FOIA policies; (2) recommend policy changes to Congress and the President; and (3) offer mediation services between FOIA requesters and administrative agencies as a non-exclusive alternative to litigation. Authorizes the Office to issue advisory opinions if mediation has not resolved the dispute. Requires each agency to designate a Chief FOIA Officer, who shall: (1) have responsibility for FOIA compliance; (2) monitor FOIA implementation; (3) recommend to the agency head adjustments to agency practices, policies, personnel, and funding to improve implementation of FOIA; and (4) facilitate public understanding of the purposes of FOIA's statutory exemptions. Requires agencies to designate at least one FOIA Public Liaison, who shall be appointed by the Chief FOIA Officer, to: (1) serve as an official to whom a FOIA requester can raise concerns about service from the FOIA Requester Center; and (2) be responsible for assisting in reducing delays, increasing transparency and understanding of the status of requests, and assisting in the resolution of disputes. (Sec. 11) Requires the Office of Personnel Management (OPM) to report to Congress on personnel policies related to FOIA. (Sec. 12) Sets forth requirements to describe exemptions authorizing deletions of material provided under FOIA.

Congressional Research Service summary (Passed Senate without amendment), quoted unchanged (nonpartisan). Read the source.

What a vote does

A “Yea” vote

If it passes both chambers and is signed, it becomes law.

A “Nay” vote

If it is not passed, current law stays as it is.

PSI Sci description of the legislative step (not an opinion).

What does this mean? (plain words)

Official text

OPEN Government Act of 2007

Source: Congressional Research Service summary (Passed Senate without amendment)

AI explanation – may be wrong, check the official text

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The strongest published arguments

Arguments for (supporters)

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Arguments against (opponents)

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Alternatives

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How did my representative vote? · This bill's floor votes

Officials and money

Sponsor: Sen. Leahy, Patrick J. [D-VT] · 17 cosponsors

Cost estimate: CBO cost estimate: S. 2488, OPEN Government Act of 2007 (2008-01-28); CBO cost estimate: S. 2488, OPEN Government Act of 2007 (2008-01-28)

Cosponsors on this site

John Cornyn (R-TX), Richard J. Durbin (D-IL), Bernard Sanders (I-VT)

No linked floor roll calls in our collected records yet. This does not mean the bill has never had a vote. Check the official bill history.

Words on this page, explained (6)

Appropriation: Money a legislature sets aside by law for a specific purpose. Government agencies may spend public money only as it has been appropriated.
Authorization: A law that creates or continues a government program and says what it may do, often with a suggested spending ceiling. An authorization alone does not provide money; a separate appropriation does.
Exemption: A rule that removes certain people, property or activities from a tax or requirement.
Resolution: A formal statement or decision by a legislative body. Simple resolutions often only express an opinion or set rules for one chamber; they do not become law.
Rulemaking: The process agencies use to write regulations that carry out laws passed by Congress or a legislature. Usually an agency publishes a proposed rule, takes public comments, then publishes a final rule.
Statute: A written law passed by a legislature. A statute can be changed by a later law; changing a constitution needs an amendment.

Plain meanings written from linked sources. All words.

Sources

Congressional Research Service summary (Passed Senate without amendment)
Congress.gov
Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-110s2488.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/110/s>

Record fed-us-cong110-s2488 · catalog fed-us-congress-bills-cong110 · updated 2026-11-15 by psicol fed-bills-cong110