Halfway through this year’s national observance of Sunshine Week, Congress has really gotten the ball rolling on open government and oversight legislation. Here’s a short rundown of the current legislation and relevant actions:
1) Presidential Records Act Amendments of 2007 (H.R. 1255)
This bipartisan measure sponsored by Rep. Waxman passed overwhelmingly on the House floor today. It amends the Presidential Records Act of 1978 by clearly outlining the time stipulations and procedures for release of presidential records. It also repeals Executive Order 13233 issued in 2001 which effectively closed the records of former presidents.
2) Freedom of Information Act Amendments of 2007 (H.R. 1309)
Sponsored by Rep. Clay, this bill amends the Freedom of Information Act (FOIA) by creating: financial incentives for timely agency responses to FOIA requests, a public hotline to track requests, an ombudsman’s office to settle disputes without resorting to litigation, and a clarified right of requestors to recover attorney fees after successful litigation.
The bill also reverses a 2001 directive by former Attorney General John Ashcroft that impeded public disclosure of information in cases where legal doubts arose. H.R. 1309 thus restores FOIA’s traditional “presumption of disclosure” for such cases.
It passed this morning on the House floor with the following votes:
Yea – 228 Democrats, 80 Republicans
Nay – 0 Democrats, 117 Republicans
Not Voting – 5 Democrats, 4 Republicans
The White House on Wednesday voiced opposition to the FOIA bill, saying it was "premature and counterproductive" to legislate new requirements on federal agencies before they have a chance to implement changes the president previously outlined.
3) Whistleblower Protection Enhancement Act of 2007 (H.R. 985)
Although generally bipartisan, this bill sponsored by Rep. Waxman faced extensive debate on the House floor today after some Republicans objected to Democratic rule-making decisions. Yesterday, the Democratic leadership in the Committee on Rules passed a resolution to allow floor debate on only 5 amendments to H.R. 985. Amendments 1 through 4 passed a floor vote. I'm not sure whether amendment 5 passed.
The Rules Committee noticeably omitted an amendment by Rep. Hoekstra that would have excluded national security employees from the whistleblower protections. This has been a source of major contention between those who believe national security employees deserve equal whistleblower protections and those who believe this could threaten national security interests.
POGO opposes excluding national security employees from such protections and notes that on many occasions whistleblowers have come forward in order to protect the nation from harm. Also, of the 5 amendments listed in the Rules Committee Resolution, POGO supports the first three and opposes the last two (as numbered in the resolution).
The bill passed this evening on the House floor with the amendments mentioned above and an additional amendment by Rep. Westmoreland. However, it could face a possible veto by the President. The House votes are as follows:
Yea – 229 Democrats, 102 Republicans
Nay – 94 Republicans
Not Voting - 4 Democrats, 5 RepublicansVisit here for an overview of the bill's provisions.
4) Accountability in Contracting Act (H.R. 1362)
Also sponsored by Rep. Waxman, this bill limits the awarding and duration of non-competitive contracts, expands reporting requirements for contracts, and tightens “revolving door” restrictions for procurement officials.
The House Armed Services Committee approved the legislation during a mark up hearing yesterday. According to The Hill:
The bill approved by the Armed Services panel differs from the one approved by the House Oversight and Government Reform Committee last week in particular when it comes to ethics rules, and wrinkles will have to be ironed out before the bill is brought to the floor later this week.
5) OPEN Government Act of 2007 (S. 849)
This bill was reintroduced yesterday by Sen. Leahy and Sen. Cornyn after it failed to pass during the last Congress. It is similar in substance to H.R. 1309. The Senate Judiciary Committee, chaired by Sen. Leahy, conducted a hearing today entitled “Open Government: Reinvigorating the Freedom of Information Act” to discuss some of the issues addressed in the legislation.
-- John Pruett
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