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2004 :
2004
**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.
Policy items that are no longer pending can be found along with more information in the
Resource Center policy section.
Updated 12/15/05
Freedom of Information Policies
Safeguarding Sources
Sen. Christopher Dodd (D-CT) introduced an 11th hour bill, entitled the Free Speech Protection Act of 2004 (S. 3020), that would protect the anonymity of people who provide information to journalists.
Status: Having introduced the bill on Nov. 19 at end of the 108th Congress as largely a symbolic act, Dodd stated his intent to reintroduce it during the next Congress.
Source: Reporters Committee, Nov. 22 and the
Coalition of Journalists for Open Government
NIH Proposes Open Access Policy
A new proposal from the National Institutes of Health would require all published scientific articles based on taxpayer-funded research to be publicly available for free. Currently, scientific journals publish the studies, which can only be accessed by subscriptions or through an academic institution that has its own subscription.
Status: The public comment period closed Nov. 16 and the agency is reviewing comments.
Source: Alliance for Taxpayer Access
Action: Send a letter to Congress.
Indian Affairs FOIA Exemption
Section 7 of S. 297, the Federal Acknowledgment Process Reform Act of 2003 exempts certain actions by the Interior Department's Assistant Secretary for Indian Affairs the Freedom of Information Act (FOIA). Several groups and individuals voiced objections to a Senate Bureau of Indian Affairs reform bill, in a letter delivered to Sens. Ben Nighthorse Campbell (R-CO) and Daniel K. Inouye (D-HI) July 8.
Status: Committee markup is complete and the FOIA exemptions still remain. Not likely to come up on the floor but could be pushed through before the end of the session.
Source: OMB Watcher, July 12, 2004.
Independent Classification Board
Language added to the intelligence reform legislation (see above) would allow Congress (but not the public) to appeal agency classification decisions through a newly created Independent National Security Classification Board. Agency efforts to black out major sections of high-profile reports on Iraq and 9/11 prompted the proposal of such a board.
Status: Negotiations between the House and Senate will likely have to start fresh next year, although a vote could take place in December.
Action: Send a letter to Congress in support of a classification board!
Homeland Security Policies
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.
Status: The U.S. Senate Judiciary Committee held hearings on the SAFE Act Sept. 22.
Action: Contact Congress and
sign the Campaign for Reader Privacy petition.
Patriot Act: Reversing the Patriot Act
The Civil Liberties Restoration Act 2004 (S. 2528) would end secret hearings, ensure due process for detained individuals, limit secret seizures of records, and limit the use of secret evidence.
Status: Introduced by members of the House and Senate June 16, and referred to the Committee on the Judiciary.
Source: Text of the bill, June 16, 2004. A bill analysis & talking points is available from the
Rights Working Group
Action: Organizations can
add their name to this letter and individuals can
send a letter to Congress.
Patriot Act: Patriot Act Sunsets
On May 21, ten senators introduced a bill, S. 2476, that would make permanent many provisions of the Patriot Act scheduled to sunset next year.
Status: The bill is referred to the Committee on the Judiciary.
Source: THOMAS.
Patriot Act: Extending Patriot Act
H.R. 3179, introduced by Reps. Sensenbrenner and Goss, includes several sections of Patriot II. After opposition from many groups coordinated by the Rights Working Group, H.R. 3179 was not added to the intelligence authorization bill (S. 2386) during a closed mark-up session on June 16th.
Status: May come up as a floor amendment to the intelligence authorization bill in the Senate.
Source: Bill of Rights Defense Committee
Should trains identify hazardous materials? Tom Ridge wants input
Despite their own study concluding the current system works, the Department of Homeland Security wants to know if railcars should continue to identify whether their contents are hazardous. Quickly identifying hazards is critical to saving lives in an accident involving hazardous chemicals.
Status: The public comment period on the policy closed on Oct. 18. DHS is reviewing comments.
Action: Read the proposal or
read comments filed by others.
Sensitive Security Information (SSI): Federalism v. Secrecy
The Senate pushed to pre-empt state and local sunshine laws in order to mandate secrecy about public safety problems in aviation, rail and other transportation systems.
Status: The administration-sponsored secrecy provisions were in the Senate-passed version of the $350 billion transportation bill (H.R. 3550); the version passed by the House lacks them. Currently in conference. The General Accountability Office accepted a request from two House members to investigate TSA and DHS's use of the SSI provision.
Action: Send a letter through the
American Library Association action alert.
DHS Environmental Procedures Promote Secrecy
The Department of Homeland Security (DHS) is looking to hide Environmental Impact Statements (EIS), partially or in whole, from public disclosure. A June 14 directive published in the Federal Register would exempt the agency from a number of requirements under the National Environmental Policy Act (NEPA).
Status: The public comment period CLOSED Aug. 16 and DHS is reviewing comments.
Source: OMB Watcher and
DHS website.
Intelligence reform: Agreement Reached, Impacts Unclear
House and Senate negotiators reached compromise and may try to address concerns about increased secrecy by clarifying the intent of the language and by strengthening oversight in the next Congress. The final deal keeps the intelligence budget secret, creates a board to review agency decisions to stamp documents "secret," and includes promises to strengthen oversight on information access issues.
Status: Signed by the president as
Public Law 108-796.
Source: Financial Times, Nov. 23;
OMB Watcher, Dec. 1.
Action: The Rights Working Group.
Whistleblower Protections
Whistleblower Protection Legislation
The first stand-alone whistleblower protection bill to be approved in 10 years has passed House and Senate committees. This legislation would amend the Whistleblower Protection Act (WPA) to ensure protection against reprisal for federal employees who bring government wrongdoing to light.
Status: S.2628 is on the Senate legislative calendar. H.R. 3281 is stalled, although a Davis substitute would offer a compromise. The substitute will not get a House vote unless the White House approves it.
Action: Tell the President to allow a House vote!
Other Secrecy-Related Policies
Waxman Introduces Bill to Fix Secrecy Policies
Representative Henry Waxman (D-CA) introduced legislation to restore open government on several fronts. The Restore Open Government Act of 2004 (H.R. 5073) would restore the presumption of disclosure, ease public oversight of critical infrastructure safeguards, restore historians' access to presidential records, address excessive overclassification, and eases challenging agencies that are improperly withholding information.
Status: The bill was introduced on Sept. 14 and was referred to the Government Reform and Homeland Security Committees.
Source: House Committee on Government Reform Minority Office
Professor Sues for Photos of Flag-Draped Coffins
On Oct. 1, former CNN correspondent Ralph Begleiter sued the Pentagon challenging the ban on releasing photographs of fallen soldiers' flag-draped coffins. On June 21, the Senate upheld (54-39) the ban.
Source: National Security Archive and
New York Times, June 22, 2004.
