Update 2/26/07

OFFICIAL SECRETS ACT REDUX

There’s a new effort to create an Official Secrets Act, and this one is even more dangerous than Sen. Kit Bond’s effort in the last session. Sen. Jon Kyl, R-AZ, plans to introduce an amendment to a totally unrelated bill when it goes to committee markup on Thursday. That bill, S 236, deals with data mining and has nothing to do with classified information

Kyl proposes to expand Section 798 of the Espionage Act of 1917 to make it a criminal act to communicate or publish any classified information “concerning efforts by the United States to identify, investigate, or prevent terrorist activity” and expand the penalty to 20 years in prison.

That’s about as broad and vague as a piece of legislation can be. It would give the government tremendous power to silence its critics and to limit the debate and discussion on the techniques it elects to use in the war on terror.

I’ve attached a copy of Sec. 798 with the proposed amendment and a set of talking points developed by the Sunshine in Government Initiative, which is opposing the amendment on the Hill. CJOG is a member of SGI. Also attached are an ASNE letter urging its members to speak out, and the draft of a letter that OpenTheGovernment, a coalition of advocacy groups, plans to send to the committee.

Please pass this information along to all of your members and urge them to write or comment on the proposal. We need to push back as strongly as possible.

ON THE FAST TRACK

The Reporters-Source Shield Law: Reps. Mike Pence, R-Ind., and Rick Boucher, D-Va., said they will reintroduce their Reporters-Source shield bill in March. They have the support of House Judiciary Committee Chairman John Conyers, D-Mich, who has pledged to quickly move the bill through committee. Sens. Chris Dodd, D-Conn., and Richard Lugar, R-Ind., are also preparing to reintroduce their shield bill, but the going is expected to be more difficult in the Senate given the administration’s opposition and the narrow Democratic majority.

Freedom of Information Act: The OPEN Government Act, which we supported last session, will be reintroduced in revised form in both the House and Senate during Sunshine Week, if not before. We expect stronger reporting requirements, improved language on recovering legal fees, an ombudsman proposal that has greater clarity, and some change in the penalty provisions, which drew strong administration opposition and which many in Congress felt were unworkable.

We’re hoping the bills filed in the Senate and the House will be identical, giving the legislation a better chance to move through the Congress quickly. Sen. Patrick Leahy, D-VT, one of the original sponsors, chairs the Judiciary Committee, which will get the bill. In the House, Rep. Henry Waxman, D-CA, the chair of the Government Reform Committee, is working on a bi-partisan bill, Lamar Smith, R-TX, was the House sponsor last session.

Pete Weitzel