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OPEN Government Act Signed into Law

By Sarah Borchersen-Keto, CCH Washington News Bureau.

President Bush has signed S. 2488, the Openness Promotes Effectiveness in our National (OPEN) Government Act of 2007, which amends the Freedom of Information Act (FOIA) for the first time in over a decade. Sen. Patrick Leahy, D-Vt., Chairman of the Senate Judiciary Committee and a bill co-sponsor, called the reforms to the FOIA "a ray of sunshine and a turning point toward greater accountability."

The Act will result in stricter deadlines for agency action under the FOIA, and will impose real consequences on federal agencies for missing the FOIA's 20-day statutory deadline. In addition, it clarifies that the FOIA applies to government records held by outside contractors and establishes a FOIA hotline service for all federal agencies. Meanwhile the legislation also creates a FOIA ombudsman to provide FOIA requestors and federal agencies with a meaningful alternative to litigation.

"Our six government-wide audits of FOIA performance show that these bipartisan changes to the Freedom of Information Act are common sense solutions," said Meredith Fuchs, General Counsel of the National Security Archive. "This bill establishes tracking systems for FOIA requests like FedEx uses for packages, actually penalizes agencies for the first time for delays that our audits found could reach 20 years, and sets up an office to mediate disputes as an alternative to litigation," Fuchs added.

     
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