2006
**This is a list of policy and legislative items that are no longer pending. For more urgent and action-oriented policy alerts, see the Policy Updates on the OpenTheGovernment.org homepage.[new] Forest Service cuts public appeal process [12.19.06]
The United States Forest Service is eliminating environmental-impact statements from its planning process, cutting one way for the public to comment and appeal on its long-term plans for national forests and grasslands. The U.S. Forest Service claims that, "writing management plans has no effect on the environment," and therefore long-term planning can be excluded from environmental review.
Sources: Forest Service press release; New policy limits environmental scrutiny, public appeals [McClatchy Newspapers]
[new] Lawmakers ask for release of anthrax attack info [12.19.06]
Thirty-three members of Congress, led by Senator Chuck Grassley [R-IA] and Congressman Rush Holt [D-NJ], sent a letter to the FBI on December 12, asking the FBI to release information from its probe into the 2001 anthrax attacks. The FBI has so far refused to share information about the probe due to the possibility of leaks.
Sources: Letter to the FBI [PDF]; Lawmakers urge FBI to release information on 2001 anthrax attacks [JURIST]
[new] EPA drops plan for less frequent reporting [12.5.06]
The Environmental Protection Agency (EPA) has abandoned plans to decrease the frequency of reporting requirements for the release of toxic chemicals by polluting companies. However, the EPA said that it will continue to push to increase the amount of pollutants that can released before a company must report.
Sources: EPA drops plan for less frequent toxic release reporting [JURIST]; Background on TRI [EPA]; OMB Watch's Toxics Release Inventory Resource Center [OMB Watch]
[updated] New reports on Sensitive But Unclassified information [12.05.06]
Several reports published last month deal with the problems of information sharing in the Executive Branch, including the proliferating Sensitive But Unclassified (SBU) categories of information. OpenTheGovernment.org's Secrecy Report Card 2006 identifies fifty SBU designations, but some sources now say there may more than one hundred different designations.
Sources:
[new] Sen. Leahy requests detention docs released [11.21.06]
Sen. Patrick Leahy (D-VT), incoming chair of the Senate Judiciary Committee for the 110th Congress, asked the Department of Justice (DOJ) to release two newly acknowledged documents on the Bush Administration's interrogation and detention policies. The first is a directive President Bush signed giving the Central Intelligence Agency (CIA) authority to establish detention facilities outside the United States and outlining interrogation methods. The second is a 2002 memo on interrogation methods that the CIA may use against al-Qaeda leaders. The CIA recently acknowledged the existence of the documents in response to a lawsuit by the American Civil Liberties Union (ACLU).
Status: DOJ said they will respond to the request appropriately.
Sources: Leahy Seeks Documents on Detention [Washington Post]; Sen. Leahy's press release, including the letter to Attorney General Gonzales; ACLU press release
Investigation into global warming censorship [11.7.06]
Inspectors General at NASA and the Commerce Department are investigating whether the Bush administration has suppressed government scientists' research on global warming. The investigation was prompted by a letter to the Inspectors General from 14 Democratic Senators sent September 29, led by Sen. Lautenberg (D-NJ), a member of the Environment and Public Works Committee. The results of the investigation will become public early next year, according to an aide to Sen. Lautenberg.
Sources: IGs Probe Allegations On Global Warming Data [Washington Post]; Sen. Lautenberg's press release and letter
[updated] House subcommittee approves OPEN Govt Act [10.10.06]
On September 27, the House Government Reform Subcommittee on Government Management, Finance and Accountability for approved the OPEN Government Act (H.R. 867). The OPEN Government Act puts in place measures to hold agencies more accountable for fulfilling public requests for documents under the Freedom of Information Act.
Status: H.R. 867 awaits approval by the full committee. The Senate Judiciary Committee approved its version, S. 394, on September 21.
Sources: H.R. 867; S. 394[Thomas]; Read our analysis of the OPEN Government Act [OpenTheGovernment.org]
Judiciary Committee approves OPEN Govt Act [9.26.06]
On September 21, the Senate Judiciary Committee approved the OPEN Government Act (S. 394). Sens. John Cornyn (R-TX) and Patrick Leahy (D-VT) introduced the S. 394 in February 2005 to strengthen openness in the federal government. The bill forces agencies to pay legal costs in more cases when faced with a lawsuit over improperly withheld records and puts in place other measures to hold agencies more accountable for fulfilling public requests for documents under the Freedom of Information Act.
Status: S. 394 passed the Senate Judiciary Committee on Sept. 21. The House version (H.R. 867), introduced by Rep. Lamar Smith (R-TX), was referred to the House Committee on Government Reform in February 2005.
Sources: S. 394 [Thomas]; Read our analysis of the OPEN Government Act [OpenTheGovernment.org]
Action: Tell Congress to support the OPEN Government Act!
Plan to close EPA libraries causes concern [9.26.06]
The Administration's 2007 federal budget cuts $2 million dollars from the EPA library system, 30 percent of the total library system budget. The cuts officially start next year, but EPA has already closed one library and others are scheduled to close Oct. 1. The plan worries Ranking Members of the House Committees on Science, Energy & Commerce and Government Reform, who wrote to the Government Accountability Office (GAO) this week, requesting that GAO look into the plan. Of particular concern is the potential lack of access to collections, especially as many documents have not been digitized.
Status: Assuming Congress will not reverse President Bush’s proposed budget reductions, EPA is moving forward on its plan to close libraries.
Sources: Ranking members' letter to EPA [Democratic Caucus Committee on Science]; EPA FY 2007 Library Plan [EPA via PEER]; Press release from Public Employees for Environmental Responsibility (PEER)
Congress agrees on transparency bill; Secret holds still allowed [9.11.06]
Late last week, the House and Senate agreed on transparency legislation to require the Administration to establish searchable databases for both grants and contracts. The Senate version on the bill, S. 2590, passed the Senate on September 7 after Sens. Stevens (R-AK) and Byrd (D- WV) lifted their secret holds on the bill. Attention by bloggers drew criticism to secret holds, but a resolution to ban secret holds by Sen. Trent Lott (R-MS), added to the original Senate ethics bill by a vote of 84-13, will likely not move in the Senate.
Status: House Majority Leader Boehner (R-OH) plans to schedule the agreed-upon language for House floor consideration this week.
Sources: S. 2590 [Thomas]; H.R. 5060 (House version) [Thomas]; Sen. Coburn's press release; Senate Tradition Trumps Transparency: 'Secret Holds' Could Continue [CQ Today- subscription required]
New legislation encourages transparency [8.10.06]
On August 8, the Senate Committee on Homeland Security and Governmental Affairs unanimously passed the Federal Funding Accountability and Transparency Act (S. 2590). The House passed a bill (H.R. 5060) that would provide access to information on federal grants but not contracts and is therefore seen as less desirable by many transparency advocates.
Status: S. 2590 and H.R. 5060 are headed to conference committee. Sen. Collins and Lieberman requested that S. 2590 be fast-tracked and brought to the Senate floor for a unanimous consent vote, but August recess came before the request could reach the floor.
Sources: S. 2590 [Thomas]; H.R. 5060; Contracts and Grants Disclosure Bill Fast-Tracked [OMB Watcher]
Senators propose open access to research [5.3.06]
A new bill introduced by Sens. John Cornyn (R-TX) and Joe Lieberman (D-CT) would increase taxpayers' access to federally funded research. The Federal Research Public Access Act of 2006 would require most recipients of federal grants to make their findings available for public access on the internet within six months of publication.
Status:The bill was introduced on May 2.
Sources:The Federal Research Public Access Act of 2006(pdf); Alliance for Taxpayer Access resource page; Bill Seeks Access to Tax-Funded Research [Washington Post]
White House directs agencies to standardize "sensitive but unclassified" [1.5.06]
President Bush issues new Executive Order on FOIA [1.5.06]
The executive order would require agencies to name a Chief FOIA Officer, and to establish FOIA Requester Service Centers to help people find out the status of their requests. This executive order will not fix many of the problems with the current FOIA system that are addressed by Sens. Cornyn and Leahy's Faster FOIA and OPEN Government Acts.
Status: Executive order issued on December 14. In a memorandum dated December 30, 2005, the Office of Management and Budget (OMB) provided details to Bush's executive order, including deadlines for implementation throughout fiscal years 2006 and 2007
Sources: Executive Order from the White House; Cornyn and Leahy's Open Gov't Act and Faster FOIA; CJOG (2nd item); OMB issues further guidance on FOIA executive order [Government Computer News]; OMB Memorandum(pdf); The Mounting Powers of Secrecy [New York Times]
Proposed agency would be exempt from oversight laws [12.16.05]
The proposed Biomedical Advanced Research and Development Agency (BARDA) would be charged with developing drug technologies and vaccines to respond to natural outbreaks and bioterrorism. In an unprecedented move, BARDA would be exempt from Freedom of Information (FOI) laws and the Federal Advisory Committee Act (FACA).
Status: Introduced on October 17 and reported out of Committee on October 24.
Sources: S.1873; POGO's blog; Secrecy Endangers Biodefense Effort [OMB Watcher]; Burr's bioterror plan off course [Winston-Salem Journal]
Restore Open Government Act
Rep. Henry Waxman (D-CA) introduced the Restore Open Government Act, H.R. 2331, which would overturn the Ashcroft and Card Memos, require reporting on the use of critical information restrictions, stop the executive branch from convening secret advisory groups like the energy task force, and limit the critical infrastructure information provisions within the Homeland Security Act of 2002.Introduced on May 12, the bill now has 24 cosponsors.
Faster FOIA
Sens. John Cornyn (R-TX) and Patrick Leahy (D-VT) introduced another bill March 10 to strengthen the Freedom of Information Act (FOIA). The Faster FOIA bill (S. 589) would create an advisory commission tasked with proposing ways to reduce delays in responding to FOIA requests. Remarkably, the bill already passed out of the Judiciary Committee on March 17. The Congressional Budget Office also released a cost estimate for the bill, putting the commission's cost at $1 million. Reps. Brad Sherman (D-CA) and Lamar Smith (R-TX) introduced the House version of the Faster FOIA bill (H.R. 1620) April 13.
Status: S. 589 approved by the Senate Judiciary Committee on March 17. H.R. 1620 referred to the Committee on Government Reform,Rep. Mark Green (R-WI) added as a cosponsor June 7.
Source: Text of S. 589; CBO cost estimate
OPEN Gov't Act: Bipartisan Bill Strengthens Open Government
Sens. John Cornyn (R-TX) and Patrick Leahy (D-VT) introduced the OPEN Government Act (S. 394) to strengthen openness in the federal government. The bill forces agencies to pay legal costs in more cases when faced with a lawsuit over improperly withheld records and puts in place other measures to hold agencies more accountable for fulfilling public requests for documents under the Freedom of Information Act. Cornyn expects a larger battle over the legislation, according to the Washington Post.
Status: The bill was introduced on Feb. 16 and a Judiciary Committee hearing was held March 15.The companion bill in the House, H.R. 867, now has 13 cosponsors.
Source: OpenTheGovernment.org analysis; Text & Status of S. 394; Letter from Cornyn & Leahy seeking cosponsors; Statement of Cornyn; Statement of Leahy
Action: Tell your representatives to support the OPEN Government Act!
New Congressional panels to provide oversight on information sharing, intelligence [12.19.06]
Incoming Chairman of the Committee on Government Reform Henry Waxman [D-CA] announced last week that he plans to reorganize his committee, including creating an Information Policy, Census and National Archives Subcommittee,
"so that the jurisdiction of each subcommittee will have broad appeal and will engage the attention of the subcommittee members." Incoming Democratic leader of the House of Representatives, Nancy Pelosi [D-CA], announced last week a new panel to oversee spending on intelligence. The Select Intelligence Oversight Panel will be part of the Appropriations Committee and will draw its membership from the House Intelligence and Appropriations committees.
Sources: Rep. Waxman's letter to Committee members [PDF]; New House panel will oversee information policy [GovExec.com]; Pelosi Calls for New Oversight of Intelligence Spending [New York Times]; Intelligence Ignorance [Washington Post Editorial]
[new] Groups confront Secret Law Case [11.21.06]
Several public interest groups, including a few OpenTheGovernment.org coalition partners, filed amicus curiae briefs in support of a petition by John Gilmore, who challenged a government requirement that he produce official identification in order to board an airplane. The government refused to release the underlying policy document because they claim the document is "sensitive security information."
Status: Three amicus briefs and the government's opposition brief were filed on November 13.
Sources: Secrey News summary; Briefs and background on the case
[new] Detainees kept silent about treatment in secret prisons [11.21.06]
The Bush administration says terrorism suspects held in secret CIA prisons should not be allowed to disclose information on "alternative interrogation methods" used against them. The government claims the interrogation methods are among the nation's most sensitive national security secrets, and even disclosure to the detainee's own attorneys could be harmful to national security.
Sources: U.S. Seeks Silence on CIA Prisons [Washington Post]; Top-Secret Torture [Washington Post Editorial]
[new] Public Interest Declassification Board unable to act [11.7.06]
The Public Interest Declassification Board (PIDB), the advisory committee established by Congress in order to promote public access to information and reduce excessive secrecy, is unable to act on its first request by Congress. The Board received a request from the Senate Intelligence Committee to review the classification of parts of two committee reports on prewar Iraq intelligence, but it is unable to act because a provision in its statute says the Board cannot act without a request from the President. It is unlikely the President will make such a request.
Sources: Analysis: Secrecy board called 'toothless' [United Press International]; Public Interest Declassification Board Stalls [Secrecy News blog]
Congress finally funds Public Interest Declassification Board [1.5.06]
Congress will give $1 million to the Public Interest Declassification Board (PIDB), set up to advise the president on ways to prevent agencies from classifying documents that should be public.
Status: The money was allocated in the final version of the FY 2006 Defense Appropriations Act (H.R. 2863).
Sources: H.R. 2863; PIDB Act of 2000 via Secrecy News 1/5; POGO's sign on letter urging funding for PIDB
FEMA omits Everglades in flood map [10.24.06]
The Everglades Agricultural Area, one of Florida's lowest lying wetland areas, is not included on the floodplain maps of the Federal Emergency Management Agency (FEMA), according to documents released by Public Employees for Environmental Responsibility (PEER). The FEMA maps are used by insurance companies and banks to determine whether property needs to be insured against flood risks, and areas designated as outside floor areas have higher market values.
Sources:
PEER press release; View a map of the EAA [South Florida Water Management District via PEER]
Hoekstra suspends Democratic staffer
[10.24.06]
House Intelligence Chairman Peter Hoekstra (R-MI) suspended a Democratic staffer's access to classified information last week, pending the outcome of a panel investigation into whether the staffer leaked sections of the National Intelligence Estimate on Global Terrorism to the press. Rep. Ray LaHood (R-IL), who brought the possible leak to the attention of Rep. Hoekstra, admitted to having no "credible information" that the staffer is the source of a leak.
Sources: House Intel Chair Suspends Staff Member [Forbes]
Limiting Sensitive Security Information [10.10.06]
Section 525, language in the House version of the Department of Homeland Security Appropriations Act (H.R. 5441), helps correct the misuse of the Sensitive Security Information (SSI) control marking. Section 525 limits the overuse of the SSI designation, particularly by the Transportation Security Administration, while preserving authority to properly designate real sensitive information and keep it out of the hands of terrorists.
Status: The President signed the bill into on October 4, including a modified version of Section 525.
Sources: H.R. 5441; Sec 525[FAS Project on Government Secrecy]; OpenTheGovernment.org sign on letter to Conferees; Resources related to TSA's SSI category[POGO]
Reclassified records to go back on the shelves [9.11.06]
The National Archives and Records Administration (NARA) expects the majority of withdrawn records to be accessible to the public again after agencies finish their reviews of reclassified materials, according the Archivist of the United States. In April, the Information Security Oversight Office (ISOO) completed an audit of NARA's secret reclassification program. The audit found that nearly one-third of reclassified records were wrongly removed from the shelves. To avoid a similar withdrawal of records in the future, NARA established a new program, the National Declassification Initiative (NDI), to address improving declassification policies and procedures.
Status: An interagency executive steering group has been established to ensure the NDI's success.
Sources: National Archives Press Release [thanks to Secrecy News]; Reclassification of documents leads to investigation [OpenTheGovernment.org's Policy and News Updates for May 3, 2006]
NSA Eavesdropping program illegal, judge rules [8.25.06]
Judge Anna Diggs Taylor, U.S. Court for the Eastern District of Michigan, ruled on August 18 that the National Security Agency's warrantless surveillance program violates the First and Fourth Amendments and the separation of powers. Judge Taylor rejected the Department of Justice's (DOJ) claims of state secrets privilege in respect to the Terrorist Surveillance Program. The state secrets privilege allows the government to withhold documents on the grounds of national security, often leading to the dismissal of court cases.
Status: The case was filed by the American Civil Liberties Union (ACLU) on behalf of several journalists and academics who claimed their rights had been violated.
The decision was appealed by the Department of Justice. The appeal will soon be heard by the Sixth Circuit.
Sources:
Federal Court Finds NSA Eavesdropping Program Unconstitutional [OMB Watcher]; Judge Rules Against Wiretaps [Washington Post]
"Sensitive Security Information" amendment to DHS Approps [8.10.06]
Last month, Sen. Judd Gregg (R-NH) introduced an amendment (SA 4579) to the Department of Homeland Security Appropriations Act (H.R. 5441) to require review of information designated as "sensitive security information" (SSI) when a document containing SSI is requested for public release. The amendment also requires that SSI that is four years old be subject to release unless the Secretary identifies why the information must remain SSI.
Status: The amendment passed the Senate by unanimous consent. There hasn't been a similar amendment passed by the House as part of the DHS Appropriations bill, and Gregg's amendment will still need to be defended in conference.
Sources: Text of SA 4579 [Congressional Record- pdf]; H.R. 5441[Thomas]
Reintroduction of "Official Secrets Act" raises objections [8.10.06]
Sen. Kit Bond (R-MO) introduced legislation (S. 3774) on August 2 that would criminalize the unauthorized disclosure of classified information. The new bill is identical to legislation sponsored by Sen. Richard Shelby (R-AL) in the FY 2001 Intelligence Authorization Act and vetoed by President Clinton. Sen. Bond's hometown newspaper, the Kansas City Star, strongly objected to the new legislation in an editorial on August 4, saying Bond had "gone too far."
Sources: S. 3774 (via Secrecy News); Secrecy News blog; POGO blog; Law would go against ideals of free society [Kansas City Star- registration required]
Status: Referred to Senate Judiciary Committee.
Negroponte to businesses: Increase information sharing [7.13.06]
Director of National Intelligence John Negroponte asked the nation's business community this week to build its information sharing infrastructure. Negroponte also said the Office of the Director of National Intelligence (ODNI) will release a final plan for implementing its governmentwide Information Sharing Environment (ISE) this month, developed by Thomas McNamara, ISE program manager.
Sources: Negroponte Sees Larger Information Sharing Role For Firms [National Journal- subscription required] Negroponte: Intell info-sharing plan due this month[FCW.com]
Government secretly collecting financial records, New York Times reveals [6.29.06]
On June 23, the New York Times revealed that since the 9/11 attacks, the government has been collecting information on the banking habits of thousands of Americans. The Treasury Department is gathering this information from the Society for Worldwide Interbank Financial Telecommunications (SWIFT) without court-approved warrants or subpoenas. The White House asked the New York Times not to publish the story due to its sensitive nature, and has since criticized the paper for compromising national security. The House is likely to vote on a resolution this week that denounces the leaks and the New York Times' decision to publish the information.
Status: The House is expected to take up the Republican resolution this week. Democrats are proposing a different resolution that expresses support for the program but does not criticize the media. SWIFT has not indicated any intention to stop cooperating with the administration.
Sources: Bank Data Is Sifted by U.S. in Secret to Block Terror [New York Times]; Government Secretly Examining Financial Transactions[OMB Watcher]; GOP Measure Slams NYT for Bank Story[Roll Call- subscription required]
ISOO releases new report on classification [6.1.06]
The Information Security Oversight Office (ISOO) released its annual Report to the President last week. The Report, which measures classification activities in government agencies, reveals a slight drop overall in classification this year following a ten year upward trend. Despite mandatory reporting requirements, the Vice President refused to report its classification activity to ISOO for the third year in a row.
Sources:Report to the President [ISOO]; ISOO Urged to compel Vice President to report on secrecy [Secrecy News 5.31.06]; OpenTheGovernment.org's Secrecy Report Card 2005, highlighting classification trends
More secret spying by the NSA [5.18.06]
The National Security Agency (NSA) has been secretly collecting phone call records of millions of Americans, according to a May 11th USA Today article. The NSA is creating a massive database of domestic call records collected from Verizon, AT&T, and BellSouth. This information is in addition to the NSA spying on international calls, reported in the New York Times in December. In response, Rep. Jane Harman (D-CA] introduced a bill, H. R. 5371, that would require the NSA to get approval from the FISA Court for any spying program. In the Senate, Sen. Arlen Specter (R-PA) plans to hold hearings on the program.
Status: The legality of the program remains in question. H.R. 5371 was referred to committee.
Sources:NSA has massive database of Americans' phone calls [USA Today]; Key articles and statements [collected by CDT]; Bush Lets U.S. Spy on Callers Without Courts [New York Times- subscription required]; H.R. 5371
FBI to reporters: We're listening [5.18.06]
New GAO report recommends more improvements to information sharing [5.18.06]
Secret spying heats up [5.3.06]
Reclassification of Documents leads to investigation [5.3.06]
The National Archives and Records Administration's (NARA) Information Security Oversight Office (ISOO) finished its audit of NARA's secret reclassification program late last month. The audit found that nearly one-third of reclassified records were wrongly removed from the shelves.
Status:ISOO released the audit on April 26, including recommendations for reform.
Sources:ISOO audit; National Archives Reclassification Revealed [OMB Watcher]
Congress notes that agencies classify too much, urges reform
Congress advised the Department of Homeland Security to create clearer and more consistent procedures for determining what documents are to be considered "sensitive security information" (SSI) in a conference report on the 2006 Homeland Security Appropriations Act. The Senate Select Committee on Intelligence report on the 2006 Intelligence Authorization Act commented on the harmful effects of improperly classified information and recommended that the Director of National Intelligence reexamine the classification system.
Sources: See item [5] in EPIC's newsletter about the conference report; Excerpts from the Conference Report; Senate Select Committee on Intelligence report
Library group still gagged as PATRIOT Act debate continues
Two of the three judges on the panel of the Second U.S. Circuit Court of Appeals indicated they were troubled by the gags placed on recipients of National Security Letters (NSLs). They have not yet ruled on either the Connecticut library case or the New York case which deal with gag orders and the constitutionality of NSLs. After a Washington Post story about the FBI's use of NSLs (30,000 a year according to The Post), several Senators spoke out against this overbroad power.
Status: The Second Circuit Court of Appeals heard arguments on Wednesday, November 2.
Sources: ACLU (CT and NY cases); Judges troubled by Patriot Act secrecy [CNN November 3]; The FBI's Secret Scrutiny [Washington Post November 6]; Lawmakers Call for Limits on F.B.I. Power to Demand Records in Terrorism Investigations [New York Times November 7]; Groups address NSLs in letter to Sen. Specter(pdf)
Action: Sign the ACLU petition to urge Attorney General Alberto Gonzales to lift the gag order preventing librarians from participating in the PATRIOT Act debate.
Congress approves reauthorization of PATRIOT Act [3.8.06]
On March 1, the Senate passed S. 2271, a compromise bill which offers a few improvements to the PATRIOT Act, such as making explicit the right to counsel. However, the new legislation does not change many of the current problems, such as the standard for issuing orders without probable cause under Section 215.
Status: On March 1, the Senate voted 89-10 on S. 2271. The House approved the legislation on March 7 by a vote of 280-138.
Sources: S. 2271; American Library Association summary; House approves Patriot Act renewal [CNN]
PATRIOT Act: Reauthorization vote delayed [1.5.06]
On December 30, President Bush signed S. 2167, a five-week extension of the PATRIOT Act in a last-minute compromise. The Senate initially approved a six-month extension to allow more time for negotiations but the House insisted on a shorter version.
Status: The 16 expiring provisions are extended through Feb. 3. The House is scheduled to vote on February 1 assuming a deal can be worked out.
Sources:Bush Assails Democrats Over Patriot Act; Bush signs extension of Patriot Act [CNN]; S. 2167; H.R. 3199; S. 1389
PATRIOT Act: SAFE Act
The Security and Freedom Ensured (SAFE) Act is a bipartisan bill that would amend the USA PATRIOT Act in order to protect civil liberties that have been violated by the Patriot Act. This includes amending the Foreign Intelligence Surveillance Act of 1978 and revising provisions governing search warrants authorized under the Patriot Act. A similar bill was introduced in the 108th Congress. Senate version (S. 737) introduced by Sens. Larry E. Craig (R-ID) and Richard J. Durbin (D-IL). House companion bill (H.R. 1526) was introduced by Rep. Butch Otter (R-ID).
Status: Both bills introduced April 6. S. 737 referred to Judiciary Committee and currently has 10 cosponsors. H.R. 1526 referred to the Judiciary Committee and Intelligence Committee and now has 38 cosponsors.
Source: Craig press release; SAFE Act press conference; Text of S. 737; Text of H.R. 1526
Action: Sign the Campaign for Reader Privacy petition and tell Congress to Support Legislation to Fix The Patriot Act
Senate moves to protect whistleblowers [6.29.06]
The Senate moved to protect whistleblowers last week, strengthening the Whistleblower Protection Act of 1989 with the Federal Employee Protection of Disclosures Act (S.494). This bill will improve protections for federal government employees who expose corruption or wrongdoing. The House has passed two bills, H.R . 1317 and H.R. 5112, which together offer additional protections, including jury trials and protections for national security whistleblowers and government contractors.
Status: On June 22, The Senate agreed to S. 494 by unanimous consent (96-0), as an amendment to the 2007 National Defense Authorization Act. Next, a conference committee will consider the defense bills of both chambers, even though the House version did not take up whistleblower rights.
Sources: S. 494; H.R. 1317; GAP's press release
Action: Ask the House to schedule votes on whistleblower protection legislation! Take Action Now!
Supreme Court rules against whistleblower rights [6.1.06]
The Supreme Court ruled Tuesday that government employees who expose wrongdoing on the job are not protected by the First Amendment's right to free speech. In a 5-4 decision, the Supreme Court ruled that the Los Angeles County district attorney's office did not violate prosecutor Richard Ceballos' freedom of speech by allegedly demoting him after he blew the whistle on the job.
Sources:No free speech on public payroll [Atlanta Journal-Constitution]; Government Accountability Project's (GAP) press release
Whistleblower protections stalled in Congress [3.23.06]
Last year, House and Senate committees approved legislation (S. 494 and H.R. 1317) which will restore the Whistleblower Protection Act of 1989 (WPA), strengthening the free speech rights of whistleblowers and assuring many other protections. The bill does not protect whistleblowers in national security and intelligence agencies. New comprehensive legislation introduced on March 9 by Representatives Ed Markey (D-MA) and Carolyn Maloney (D-NY) would establish consistent rights for federal government, corporate and military whistleblowers.
Status: S. 494 and H.R. 1317 passed through committee and are awaiting an "up or down" vote. The Markey-Maloney bill was introduced on March 9.
Sources: S.494; H.R. 1317; Markey-Maloney bill (pdf) [via NSWBC]; Government Accountability Project
Alert: Free the Whistleblower Protection Act! [S.494/H.R.1317]
Whistleblower protections addressed by Congress
Smithsonian deal with Showtime worries Congress [6.1.06]
Rep. Vernon J. Ehlers (R-MI), chairman of the Committee on House Administration, held a hearing on May 25 to probe the Smithsonian Institution's deal with Showtime Networks Inc. to create a new network called Smithsonian On Demand. The Smithsonian, which receives 75 percent of its funding from Congress, signed a 30 year contract with Showtime without consulting Congress or allowing for public comment. The deal mandates that a filmmaker who wants to make more than "incidental use" of Smithsonian resources first offer the project to Smithsonian on Demand.
Status: Rep. Ehlers promised to continue investigations.
Sources: Watch the hearing or visit the Committee on House Administration; Resources from ARL and Center for American Progress
House bill addresses lobbying, whistleblowers, and "pseudo classification" [4.6.06]
"The Executive Branch Reform Act" (H.R.5112), a bipartisan bill introduced by Rep. Davis (R-VA) and Rep. Waxman (D-CA), would add transparency to meetings between the executive branch and lobbyists, limit the use of "pseudo classification" (including "sensitive but unclassified") designations, and give more protections to national security whistleblowers.
Status:On April 6, the bill was reported out of the House Government Reform Committee.
Sources: H.R. 5112 [via Federation of American Scientists]; Secrecy News blog; POGO blog
Washington corruption spurs proposals for reform [4.6.06]
Congressional Democratic and Republican leaders rushed to propose fixes to Washington's corruption scandals after super-lobbyist Jack Abramoff pled guilty to conspiracy, tax and fraud charges.
Status: The Senate passed S. 2349 (the Legislative Transparency and Accountability Act) on March 29. The House Government Reform Committee approved a proposal to cut off the pensions of lawmakers convicted of public corruption-related crimes, part of H.R. 4975 (the Lobbying Accountability and Transparency Act), on April 6. The House is expected to take up H.R. 4975 after the recess.
Sources: S.2349; H.R. 4975; OMB Watch's Lobbying Reform & Government Ethics Resource Center; Links to bills and member floor statements [moresoftmoneyhardlaw.com]