S 1419, HR 3323 (Previously S 340 and HR 581)	Free Flow of Information Act
	Sponsor: Sen. Richard Lugar, R-IN. Reps. Mike Pence, R-IN, and Rick Boucher, D-VA.

Description: As originally introduced, the bill provided an absolute privilege for protecting the identity of a confidential source and qualified privilege for information gathered. The amended bill makes an exception in national security matters where failure to disclose the information and source would cause actual harm. A court could compel testimony on the information gathered if no other sources can be found, and in a criminal case it is essential to either the prosecution or defense. It also protects journalists from searches of records held by third parties, such as phone or e-mail records. The “covered person” is the publisher of information whether in print or electronic form, and radio, television, cable and satellite broadcasters, and news agencies. Status: Hearing held July 20 by the Senate Judiciary Committee Status: Referred to the respective judiciary committees. Co-Sponsers: Chafee (R-R.I.), Clinton (D-N.Y.), Dodd (D-Conn.), Domenici (R-NM), Graham, L. (R-S.C.), Jeffords (I-Vt.), Johnson, Tim (D-S.D.), Kerry, J. (D-Mass.), Lautenberg (D-N.J.), Nelson (D-Fla.) HR 581: Beauprez (R-Colo.), Berkley (D-Nev.), Blunt (R-Mo.), Boehlert (R-N.Y.), Boren (D-Okla.), Brady, K. (R-Texas), Carson, J. (D-Ind.), Cole (R-Okla.), Davis, Jim (D-Fla.), Davis, L. (D-Tenn.), Davis, T. (R-Va.), Emanuel (D-Ill.), Engel (D-N.Y.), Etheridge (D-N.C.), Fattah (D-Pa.), Flake (R-Ariz.), Fortuno (R-P.R.)Granger (R-Texas), Green, G. (D-Texas), Hastings, A. (D-Fla.), Herseth (D-S.D.), Hinchey (D-N.Y.), Jackson-Lee, S. (D-Texas),Jenkins (R-Tenn.), LaHood (R-Ill.), Lewis, R. (R-Ky.), Lofgren (D-Calif.), Meehan (D-Mass.), Millender-McDonald (D-Calif.), Neal, R. (D-Mass.), Norton (D-D.C.),Owens, M. (D-N.Y.), Pallone (D-N.J.), Pastor (D-Ariz.), Poe (R-Texas), Ryan, P. (R-Wis.), Sanders (I-Vt.), Shaw (R-Fla.), Slaughter, L. (D-N.Y.), Smith, L. (R-Texas), Spratt (D-S.C.), Thompson, M. (D-Calif.), Udall (D-NM), Upton (R-Mich.), Wilson (R-NM) Wolf (R-Va.)

• Lugar, Pence: Protecting The Press -- And the Public

S 369	Free Speech Protection Act
	Sponsor: Sen. Chris Dodd, D-CT.

Category Reporters Privilege The bill is identical to the bill Sen. Dodd filed last session. It is modeled after the D.C. Shield Law, which is considered one of the strongest state laws. It creates an absolute privilege against compelling a reporter to reveal a source, whether or not the source was promised confidentiality. It sets out a balancing test – the information sought from the reporter is critical, there is no other source, and there is an overriding public interest. This bill covers the individual reporter; S 340 covers reporters through the publishing entity. Status; Referred to the Judiciary Committee.

S 394, HR 867	OPEN Government Act
	Sponsor: Sens. John Cornyn, R-TX, and Patrick Leahy, D-Vt. Rep. Lamar Smith, R-TX.

Closes a number of loopholes in the existing Freedom of Information Act to facilitate more timely and effective access, establishes an ombudsman to mediate FOIA disputes and provide oversight of the process, requires an impact statement when Congress creates a new exemption, clarifies fee waiver provisions and allows for more equitable recovery of attorneys fees when disputes result in litigation. The bills are supported by a number of journalism organizations, including the Coalition of Journalists for Open Government. Status: Referred to respective judiciary committees. Co Sponsors: S 394 Alexander (R-TN),Feingold (D-Wisc), Isakson (R-GA), Nelson, (D-NE) HR 867 Boucher (D-VA), Brown, S. (D-Ohio), Doggett (D-Texas), Filner (D-Calif.), Kilpatrick (D-Mich.), McCaul (R-TX), Maloney, C. (D-N.Y.), Jerry Moran (R-KA), Murtha (D-Pa.), Owens, M. (D-N.Y.), Paul (R-TX), Payne, D. (D-N.J.), Sherman(D-CA), Waxman (D-Calif.), Woolsey, D-CA.

• Section by Section Analysis of the Bill
• CJOG Letter in Support
• Congressional Research Report on FOIA Legislation
• Testimony, Katherine M. Cary, Texas Assistant AG
• Testimony, Lisa Graves, Senior Counsel, ACLU
• Testimony, Mark Tapscott, Heritage Foundation
• Testimony, Walter Mears, former AP Washington Bureau Chief
• Testimony, Meredith Fuchs, General Counsel, National Security Archive
• Testimony, Tom Susman, attorney, Ropes and Gray

S 589, HR 1620	Faster FOIA Act
	Sponsor: Sens. John Cornyn(R-TX) and Patrick Leahy (D-VT). Reps. Brad Sherman (D-CA) and Lamar Smith, R-TX.

The bill would create a 16-member commission charged with reporting to Congress and the President after one year on recommendations to further reduce delays in the administration of the Freedom of Information Act. Status: Approved by Senate Judiciary committee. Referred in House to Government Reform Committee. Co-Sponsors Senate: Grassley (R-Iowa), Feingold (D-Wisc). House: Baird (D-Wash.), Berman (D-Calif.), Udall, M. (D-Colo.)

S 829, HR 2422	Sunshine in the Courtroom Act
	Sponsor: Sen. Grassley (R-Iowa); Rep. Chabot (R-Ohio)

Description: Permits the presiding judge in any federal court to allow cameras or other reforing devices in the courtroom. It provides that at the request of any witness not a party to the case the judge may direct that the facial image and voice be obscurred. Status: Referred to judiciary committees in both houses Senate Co-Sponsors: Allard (R-Colo.), Allen, G. (R-Va.), Cornyn (R-Texas), Craig (R-Idaho), DeWine (R-Ohio), Durbin (D-Ill.), Feingold (D-Wis.), Graham, L. (R-S.C.)

S 786	National Weather Service Duties Act
	Sponsor: Sen. Santorum (R-PA)

It essentially turns the NOAA and the Weather Service into an arm of private enterprise, providing that their reports be made immediately available to commercial firms through volume data portals. It prohibits the agencies from competing with private enterprise. While the bill says that reports shall be the public, it makes no specific provision for any such release of weather information. Status: Referred to the Committee on Commerce, Science and Transportation

• Weather Information Could Go Dark

S 1181	FOIA Impact Statement (no stated short title)
	Sponsor: Sen. John Cornyn (R-TX)

The bill provides that any legislation creating a new exemption from the Freedom of Information Act must explicitly state the exemption within the text of the bill. The so-called “impact” statement would help flag exemptions which are often included in unrelated legislation. Co-Sponsors: Alexander, L. (R-Tenn.), Feingold (D-Wis.), Isakson (R-Ga.), Leahy (D-Vt.), Specter (R-Pa.) STATUS: Reported to the Senate without a written report by the Senate Judiciary Committee and placed on the Senate Legislative Calendar on June 13.

HR 426	Remote Sensing Applications Act
	Sponsor: Rep. Mark Udall, D-CO.

The purpose of the bill is to expand the use of satellite remote sensing technology. It seeks to have geospatial data much more widely available to and used by state and local agencies to meet land planning and a variety of other governmental and societal needs. In that regard, it stands in stark contrast to efforts in the last Congress, and current efforts of the National Geospatial Intelligence Agency to limit the use of remote sensing data for national security reasons. Status: Referred to Science Committee.

HR 1254	National Farm Animal Identification and Records Act
	Sponsor: Peterson, C (D- Minn)

Amends the Animal Health Protection Act to create an electronic nationwide livestock identification numbering system. Exempts that information from FOIA. CO-SPONSORS Kaptur (D-Oh), Ross (D-Ark), and Frank (D-Mass) STATUS: referred to Agriculture Committee.

HR 1256	Amendment to Animal Health Protection Act
	Sponsor: Peterson, C. (D-Minn.)

Creates an FOIA exemption for existing livestock identification numbering records and establishes discretionary and mandatory limited disclosure provisions. STATUS: Referred to House Agriculture Committee.

HR 1513	FOIA exemption for autopsy photos
	Sponsor: Frelinghuysen (R-NJ)

Creates an statutory exemption from FOIA for photographs or copies of photographs taken during an autopsy by or for a medical examiner. Status: Referred to the Committee on Government Reform

HR 1806	Private Prison Information Act
	Sponsor: Rep. Ted Strickland (D-OH)

Requires private prisons and other correctional facilities which hold prisoners under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to disclose by law. Co-sponsors: Holden (D-PA), Kennedy, (D-RI) King (R-NY),

HR 2331	Restore Open Government Act
	Sponsor: Rep. Henry Waxman (D-CA)

The bill would rollback the Ashcroft and Card memos and the presidential order that limited public access to past presidential records. It would also require agencies to identify and define pseudo-classifiers like “for official use only” and result in many being eliminated. Co-sponsors. 18 Democrats and 1 Independent Status: Referred to House Government Reform and Homeland Security committees.

S1348	Sunshine in Litigation Act
	Sponsor: Sen. Herb Kohl (D-WI)

The bill sets out restrictions on the sealing of cases in federal courts, requiring a showing that the record closure is required for public safety, that the closure outweighs the public interest in disclosure, and that the protective order is narrowly drawn. It puts the burden of proof on the person requesting closure. Status: Referred to Judiciary Committee

HR 649	Sunshine in Journalism Act
	Sponsor: Rep. Rick Keller, R-FL

Makes it a federal crime – a misdemeanor punishable by a fine of up to $5,000 and 30 days in jail – if a journalist accepts compensation from the federal government for “promoting, opposing or commenting on” legislation or policies and regulations and does not disclose it within 30 days. The bill specifically punishes the journalist, not the agency that offers the tainted compensation. Status: Referred to the Judiciary Committee.

HR 91	Smarter Funding for All of America's Homeland Security Act
	Sponsor: Rep. Rodney Frelinghuysen, R-NJ.

In the process of setting standards in the granting of funds to state and local first responders, the bill also requires the Department of Homeland Security to report annually to Congress on the sharing of information with state and local officials, including how many are granted classified clearance and who is involved in the clearance process. Status: Referred to four committees.

HR 173	Anti-Terrorism and Port Security Act of 2005
	Sponsor: Rep. Juanita Millender-McDonald, D-CA

A comprehensive bill dealing with seaport security, it grants unrestricted authority to the Coast Guard’s “captain of the port” to decide what “sensitive information should be “secured and protected” – including information that is already public. It sets no criteria for the decision-making and allows the commander’s decision to preempt state law and local ordinance. The bill identifies maps, blueprints of structures, and “any other information related to the security of the seaport that the Captain-of-the-Port determines is appropriate” as records that can be sealed and confiscated. Status: Referred to four committees.

S 888	Homeland Security Information Guidance and Training Act
	Sponsor: Sen. Ken Salazar (D-COO

The bill sets out a number of provisions to improve the training of and information sharing with local and state first providers. One section directs the Department of Homeland Security to develop guidelines for what “sensitive non-Federal homeland security information” state and local agencies should make public and what information agencies should withhold from the public. DHS has been doing that informally through non-disclosure agreements. Status: Referred to the Homeland Security and Government Affairs Committee

S 316	Reasonable Notice and Search Act
	Sponsor: Sen. Russ Feingold, D-WI.

The bill modifies the USA-PATRIOT Act by limiting the impact of Section 213 – the so called “sneak and peak provision” that allows the federal agents to execute a search warrant but delay notice to the owner or occupant. It strikes the wording that loosely authorizes a delayed notice warrant if notice might have the effect of “otherwise seriously jeopardizing an investigation or unduly delaying a trial.” It also changes the delay from “a reasonable period” to no more than seven days unless the Attorney General can show reasonable cause for another one-week extension. Status: Referred to Judiciary Committee.

S 317	Library, Bookseller, and Personal Records Privacy Act
	Sponsor: Sen. Russ Feingold, D-WI.

Sets what the sponsor calls “reasonable limits” on the Federal Government's access to library, bookseller, medical, and other sensitive, personal information which it seeks to obtain under the Foreign Intelligence Surveillance Act. It amends Section 215 of the PATRIOT Act, which now requires the FBI to state, in obtaining a warrant, that the records documents are ``sought for'' an international terrorism or foreign intelligence investigation. S 317 requires the FBI to present specific facts showing suggesting the person to whom the records pertain is a foreign power or an agent. Status: Referred to Judiciary Committee.

S 318	Computer Trespass Clarification Act of 2005
	Sponsor: Sen. Russ Feingold, D-WI.

Amends and clarify section 217 of the USA-PATRIOT Act to limit the definition of a computer trespasser to someone whose is not authorized by the owner. Status: Referred to Judiciary Committee.

S 693	Electronic Communications Privacy Judicial Review and Improvement Act
	Sponsor: Cornyn (R-TX)

The Patriot Act relaxed the criteria for use of “National Security Letters,” which require telephone and internet providers to turn over subscriber records. The law was struck down in September because it did not explicitly provide for court review. This bill would permit recipients to seek review, but it provides that the judge cannot challenge the government’s assertion that the records are needed for national security reasons, except for “bad faith.” STATUS: Referred to the Judiciary Committee

S 737	Security and Freedom Enhancement Act (SAFE Act)
	Sponsor: Craig (R-Idaho)

Amends the Patriot Act to modify many of the civil liberties concerns that have been raised. It limits the use of roving wiretaps and “sneak and peak” search warrants, and narrows the ability of the FBI to obtain library and bookseller records. STATUS: Referred to Judiciary CO-SPONSORS: Bingaman (D-N.M.), Cantwell (D-Wash.), Corzine (D-N.J.) Durbin (D-Ill.) Feingold (D-Wis.), Kerry, J. (D-Mass.), Murkowski, L. (R-Alaska), Obama (D-Ill.),Salazar, K. (D-Colo.), Sununu (R-N.H.)

S 29	Social Security Number Misuse Prevention Act
	Sponsor: Sen. Diane Feinstein, D-CA, and Patrick Leahy, D-VT.

This is all but identical to S 116 and the goal is the same: block identity theft by removing Social Security Numbers from the public domain. This bill, however, is limited to electronic records. It prohibits anyone from selling or displaying an individual’s Social Security Number to the general public without the person’s consent. It directs the attorney general to determine whether electronic records containing SSNs should continue to be released electronically or posted on the Internet and also calls for a report by the Comptroller General on the use of social security numbers in public records generally.

S 116	Privacy Act of 2005
	Sponsor: Sen. Diane Feinstein, D-CA

A broader version of S 29. The intent of the bill is block identity theft by removing Social Security Numbers from the public domain. It prohibits anyone from selling or displaying an individual’s Social Security Number to the general public without the person’s consent. It has several potential effects on access to records. It requires the attorney general to study whether records containing SSNs should continue to be released in paper or electronic form, or posted on the Internet, a decision that can be based on the cost of redaction. It also calls for a report by the Comptroller General on the use of social security numbers in public records generally.

HR 1080	Information Protection and Security Act
	Sponsor: Markey (D-MA)

Requires information brokers to set up procedures to insure data accuracy, confidentiality, user authentication and tracking, and the prevention and detection of illegal or unauthorized activity. It would allow individuals to obtain information pertaining to them held by a broker, to be informed of each entity that obtains that information, and to have any errors promptly corrected. All of this would be monitored by the Federal Trade Commission Act. STATUS: Referred to House Energy and Commerce Committee. CO-SPONSORS: Capps (D-Calif.), George (D-Calif.), Kildee (D-Mich.), Lowey (D-N.Y.), Thompson, B. (D-Miss.), Emanuel (D-Ill.), Miller, George (D-Calif.), Platts (R-Pa.) Schakowsky (D-Ill.), Woolsey (D-Calif.)

HR 1360, S 852	Fairness in Asbestos Injury Resolution Act
	Sponsor: Rep. Kirk (R-Ill); Sen. Specter (R-PA)

The legislation is aimed at bringing costly asbestos litigation to a close. It creates a privately funded, publicly administered fund to pay present and future claims. A provision that would have allowed persons claims records to exempt them from FOIA was amended in the Senate Judiciary Committee to provide they could request the information be considered for an exemption. STATUS: Referred in the House to Judiciary, Energy and Commerce, Ways and Means, Education and Workforce and Financial Services committees. CO-SPONSORS: Bass (R-NH),( Platts (R-PA), Shimkus (R-Il) Kennedy (R-MN), and Dent (R-PA).

S 494	Federal Employee Protection of Disclosures Act
	Sponsor: Sen. Daniel Akaka, D-HI

The bill is designed to protect government whistleblowers from retribution by prohibiting an agency from suspending or revoking an employee’s security clearance in retribution for whistleblowing. Some employees are now excluded from the whistleblowing laws for security reasons. The bill also requires agencies to provide confidential advice to employees on how to lawfully disclose wrongdoing to Congress. STATUS: Approved by Homeland Security and Governmental Affairs Committees by voice vote, March 16.

HR 686	Clinical Laboratory Compliance Improvement Act
	Sponsor: Rep . Elijah Cummings, D-Md.

The bill would amend the Social Security Act to provide whistleblower protection for employees of clinical laboratories that provide Medicare services. Status: Referred to Ways and Means, Energy and Commerce committees

Bill # HR 1985	Federal Whistleblower Protection Tax Act
	Sponsor: Reps. Jim Gerlach (R-PA), Tim Holden (D-PA) and Granger (R-TX)

Amends the tax code to ease the one time tax shock of a cash award to whistleblowers by exclude from gross income amounts received reimbursement for damages, attorneys fees and costs under Federal whistleblower protection laws. It also permits income averaging for amounts received as lost income. Status: Referred to the Committee on Ways and Means