Page:United States Statutes at Large Volume 121.djvu/2546

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[121 STAT. 2525]
[121 STAT. 2525]
PUBLIC LAW 110-000—MMMM. DD, 2007

PUBLIC LAW 110–175—DEC. 31, 2007

121 STAT. 2525

Government remains open and accessible to the American people and is always based not upon the ‘‘need to know’’ but upon the fundamental ‘‘right to know’’. SEC. 3. PROTECTION OF FEE STATUS FOR NEWS MEDIA.

Section 552(a)(4)(A)(ii) of title 5, United States Code, is amended by adding at the end the following: ‘‘In this clause, the term ‘a representative of the news media’ means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. In this clause, the term ‘news’ means information that is about current events or that would be of current interest to the public. Examples of news-media entities are television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such entities qualify as disseminators of ‘news’) who make their products available for purchase by or subscription by or free distribution to the general public. These examples are not all-inclusive. Moreover, as methods of news delivery evolve (for example, the adoption of the electronic dissemination of newspapers through telecommunications services), such alternative media shall be considered to be news-media entities. A freelance journalist shall be regarded as working for a newsmedia entity if the journalist can demonstrate a solid basis for expecting publication through that entity, whether or not the journalist is actually employed by the entity. A publication contract would present a solid basis for such an expectation; the Government may also consider the past publication record of the requester in making such a determination.’’. SEC. 4. RECOVERY OF ATTORNEY FEES AND LITIGATION COSTS.

(a) IN GENERAL.—Section 552(a)(4)(E) of title 5, United States Code, is amended— (1) by inserting ‘‘(i)’’ after ‘‘(E)’’; and (2) by adding at the end the following: ‘‘(ii) For purposes of this subparagraph, a complainant has substantially prevailed if the complainant has obtained relief through either— ‘‘(I) a judicial order, or an enforceable written agreement or consent decree; or ‘‘(II) a voluntary or unilateral change in position by the agency, if the complainant’s claim is not insubstantial.’’. (b) LIMITATION.—Notwithstanding section 1304 of title 31, United States Code, no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay the costs resulting from fees assessed under section 552(a)(4)(E) of title 5, United States Code. Any such amounts shall be paid only from funds annually appropriated for any authorized purpose for the Federal agency against which a claim or judgment has been rendered. SEC. 5. DISCIPLINARY ACTIONS FOR ARBITRARY AND CAPRICIOUS REJECTIONS OF REQUESTS.

5 USC 552 note.

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Section 552(a)(4)(F) of title 5, United States Code, is amended— (1) by inserting ‘‘(i)’’ after ‘‘(F)’’; and (2) by adding at the end the following: ‘‘(ii) The Attorney General shall—

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