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Current legislation & the First Amendment
By Gordon T. Belt
First Amendment Center Library manager
06.25.10
In the 111th Congress, a number of bills being considered could affect First Amendment freedoms. The following summary provides brief explanations of these measures and their current status. Click on each bill’s number for more information about its content and status. The 111th Congress lasts from Jan. 3, 2009, until Jan. 3, 2011. Updated Aug. 12, 2010.
Note: Although it lacks the same force of law as a bill, a resolution (designated "Res.") still has a profound effect on public policy.
Campaign finance
Congress reacted swiftly to the U.S. Supreme Court’s Jan. 21, 2010, decision in the Citizens United v. FEC campaign-finance case. Several bills were quickly introduced.
- H.R. 5175 — Democracy is Strengthened by Casting Light on Spending in Elections Act (DISCLOSE Act)
Introduced on April 29, 2010, by Rep. Christopher Van Hollen, D-Md., the DISCLOSE Act would “amend the Federal Election Campaign Act of 1971 to prohibit foreign influence in Federal elections, to prohibit government contractors from making expenditures with respect to such elections, and to establish additional disclosure requirements with respect to spending in such elections, and for other purposes.” Before its passage in the House, the bill was amended to exclude organizations that are at least 10 years old, have at least 500,000 dues-paying members, and have members in all 50 states. Critics of the bill say that this exclusion is a violation of the First Amendment and the equal-protection clause of the 14th Amendment.
Status: The House of Representatives passed H.R. 5175 on June 24, 2010, by a vote of 219 to 206. In April, the Senate began debate on its own version of the bill, S. 3295, but on July 21 Sen. Chuck Schumer introduced an amended version of the DISCLOSE Act, S. 3628 in an effort to win support from Maine Sens. Olympia Snowe and Susan Collins. According to Congressional Quarterly, the new version removed provisions that were identical to those in the House-passed bill which Republicans contend would have given unions an unfair advantage over businesses and other organizations. On July 27, the Senate voted 57 to 41 to block a vote on S.3628, falling three votes short of the required 60-vote majority to end debate on the bill.
- Rep. Alan Grayson, D-Fla., also introduced several measures, collectively called the “Save our Democracy” package:
- The “Business Should Mind Its Own Business Act” (H.R. 4431) would impose a 500% excise tax on corporate contributions to political committees and on corporate expenditures on political advocacy campaigns.
- The “Corporate Propaganda Sunshine Act” (H.R. 4432) would require public companies to report what they spend to influence public opinion on any matter other than the promotion of their goods and services.
- The "End Political Kickbacks Act" (H.R. 4434) would amend the Federal Election Campaign Act of 1971 to extend the ban on contributions made by government contractors.
- The “Ending Corporate Collusion Act” (H.R. 4433) and the "Public Company Responsibility Act" (H.R. 4435) would apply antitrust regulations to political committees and bar corporations from securities exchanges unless the corporation is certified in compliance with election law.
- H. Con. Res. 13 — "Expressing the sense of Congress that the Supreme Court misinterpreted the First Amendment to the Constitution in the case of Buckley v. Valeo."
Introduced by Rep. Marcy Kaptur, D-Ohio, this concurrent resolution requires passage by both the House and Senate, but would not become public law. It argues that the Supreme Court misinterpreted the First Amendment in Buckley v. Valeo “because the decision failed to recognize: (1) that the unlimited spending of large amounts of money on elections has a corrosive effect on the electoral process not simply because of direct transactions between those who give large amounts of money and candidates and elected officials but because the presence of unlimited amounts of money corrupts the process on a more fundamental level; and (2) other legitimate state interests which justify limiting money in campaigns, including the need to preserve the integrity of our republican form of government, restore public confidence in government, and ensure all citizens a more equal opportunity to participate in the political process.”
Status: H. Con. Res. 13 was referred to the Subcommittee on the Constitution, Civil Rights and Civil Liberties on Feb. 9, 2009.
- H.J. Res. 13
Title: “Proposing an amendment to the Constitution of the United States relating to limitations on the amounts of contributions and expenditures that may be made in connection with campaigns for election to public office.”
Sponsored by Rep. Marcy Kaptur, D-Ohio, this resolution declares that Congress shall have power to set limits on the amount of contributions that may be accepted by, and the amount of expenditures that may be made by, in support of, or in opposition to, a candidate for nomination or election to federal office. The resolution also declares that a state shall have the power to set limits on the amount of contributions that may be accepted by, and the amount of expenditures that may be made by, in support of, or in opposition to, a candidate for nomination or election to state or local office. The resolution proposes an amendment to the Constitution of the United States relating to limitations on the amounts of contributions and expenditures that may be made in connection with campaigns for election to public office.
Status: On Feb. 9, 2009, this joint resolution was referred to the House Subcommittee on the Constitution, Civil Rights and Civil Liberties.
- H.R. 4510 — To amend the Federal Election Campaign Act of 1971 to apply the ban on contributions and expenditures by foreign nationals to domestic corporations in which foreign principals have an ownership interest.
Status: Introduced by Rep. Alan Grayson, D-Fla., on Jan. 26, 2010, and referred to the House Committee on House Administration.
- H.R. 4511 — To amend the Federal Election Campaign Act to prohibit corporations that employ or retain registered lobbyists from making expenditures or disbursements for electioneering communications under the act, and for other purposes.
Status: Introduced by Rep. Alan Grayson, D-Fla., on Jan. 26, 2010, and referred to the House Committee on House Administration.
- H.R. 4517 — To amend the Federal Election Campaign Act to apply the ban on contributions and expenditures by foreign nationals to domestic corporations owned or controlled by foreign principals, to increase the civil penalties applicable to foreign nationals who violate the ban, and for other purposes.
Status: Introduced by Rep. John Hall, D-N.Y., on Jan. 26, 2010, and referred to the House Committee on House Administration.
- H.R. 4522 — To amend the Federal Election Campaign Act to apply the ban on contributions and expenditures by foreign nationals to domestic corporations owned or controlled by foreign principals.
Status: Introduced by Rep. William Pascrell, D-N.J., on Jan. 26, 2010, and referred to the House Committee on House Administration.
- H.R. 4523 — To amend the Federal Election Campaign Act to apply the ban on contributions and expenditures by foreign nationals to domestic corporations whose shareholders include any foreign principals.
Status: Introduced by Rep. Thomas Perriello, D-Va., on Jan. 26, 2010, and referred to the House Committee on House Administration.
- S. 2954 —To amend the Federal Election Campaign Act to apply the ban on contributions and expenditures by foreign nationals to domestic corporation owned or controlled by foreign principals.
Status: This bill was introduced by Sen. Robert Menéndez, D-N.J., on Jan. 26, 2010, read twice and referred to the Committee on Rules and Administration.
Two additional bills focused on different areas also were introduced in response to Citizens United v. FEC:
- H.J. Res. 68
Title: “Proposing an amendment to the Constitution of the United States prohibiting corporations and labor organizations from using operating funds for advertisements in connection with any campaign for election for Federal office.”
Immediately after the Citizens United decision, Rep. Leonard Boswell, D-Iowa, introduced this joint resolution, which would disallow a corporation or labor organization from using operating funds for political campaign advertising. Boswell said, “I have introduced this important legislation today because the Supreme Court’s ruling strikes at the very core of democracy in the United States by inflating the speech rights of large, faceless corporations to the same level of hard-working, every day Americans.” He added, “The Court’s elevation of corporate speech inevitably overpowers the speech and interests of human citizens who do not have the coffers to speak as loudly.”
Status: This joint resolution has been referred to the House Committee on the Judiciary.
- H.R. 4487
Title: “To require the approval of a majority of a public company's shareholders for any expenditure by that company to influence public opinion on matters not related to the company's products or services.”
Rep. Alan Grayson, D-Fla., introduced this bill on Jan. 21, 2010, immediately after the Citizens United ruling. “This is the worst Supreme Court decision since the Dred Scott case," Grayson said. "It leads us all down the road to serfdom.” Grayson was in the courtroom when the Supreme Court announced its decision, and delivered to the Court the results of a petition he had circulated the day before, saying: “Unlimited corporate spending on campaigns means the government is up for sale, and that the law itself will be bought and sold.” For his petition, Grayson gathered more than 10,000 signatures.
Status: H.R. 4487 was referred to the House Committee on Financial Services.
- H.R. 1826 | S. 752 Fair Elections Now Act — Introduced in the House by Rep. John B. Larson, D-Conn., and in the Senate by Sen. Dick Durbin, D-Ill., this bill would amend federal campaign-finance law with respect to eligibility and qualifying contribution requirements and benefits of fair- elections financing.
Status: On July 30, 2009, the House Committee on Administration held hearings on its version. The Senate version was read twice and referred to the Committee on Rules and Administration on March 31, 2009.
Press freedoms
- S. Res. 405 — Title: “A resolution reaffirming the centrality of freedom of expression and press freedom as cornerstones of Unites States foreign policy and United States efforts to promote individual rights, and for other purposes.”
This resolution was introduced by http://kaufman.senate.gov/ Sen. Edward Kaufman, D-Del., in response to accusations that the search engine, Google, had been victimized by a highly sophisticated and targeted cyber attack on its corporate infrastructure originating from China that resulted in the theft of its intellectual property. The bill reaffirms the centrality of freedom of expression and press freedom as cornerstones of United States foreign policy and calls on the President and the Secretary of State to develop means by which the United States Government can more rapidly identify, publicize, and respond to threats against freedom of press and freedom of expression around the world, including through support of new and existing censorship circumvention technology.
Status: On Feb. 2, 2010, this resolution passed in the Senate by unanimous consent.
- H.R. 3714
Title: "Daniel Pearl Freedom of the Press Act of 2009."
Introduced by Rep. Adam Schiff, D-Calif., in October 2009, the Daniel Pearl Freedom of the Press Act would amend the Foreign Assistance Act of 1961 to include in the Annual Country Reports on Human Rights Practices information about press freedom in foreign countries and establish a grant program to promote press freedom worldwide. Both the House and Senate (S. 1739) versions of this bill call upon the secretary of state to submit to Congress a report titled the “Annual Report on the Status of Freedom of the Press Worldwide.” This legislation was named honor of Wall Street Journal reporter Daniel Pearl, who while reporting from Pakistan was kidnapped and beheaded by al-Qaida terrorists.
Status: On May 17, 2010, President Obama signed the bill into law.
- S. Res. 124
Title: “A resolution recognizing the threats to press freedom and expression around the world and reaffirming press freedom as a priority in the efforts of the United States to promote democracy and good governance, on the occasion of World Press Freedom Day on May 3, 2009.”
Introduced by Sen. Russ Feingold, D-Wis., this resolution acknowledges World Press Freedom Day, commends journalists for promoting government accountability, reaffirms the centrality of press freedom to U.S. efforts to support democracy abroad, condemns all actions that suppress press freedom, and calls on the president and secretary of state to develop means by which the United States can more rapidly respond to threats against press freedom.
Status: This resolution passed in the Senate by unanimous consent on April 30, 2009.
- S. Res. 149
A resolution introduced by Sen. Mel Martinez, R-Fla., “expressing solidarity with the writers, journalists, and librarians of Cuba on World Press Freedom Day and calling for the immediate release of citizens of Cuba imprisoned for exercising rights associated with freedom of the press.”
Status: On May 14, the Senate passed this resolution without amendment. On a related note, Martinez issued a statement Aug. 7 saying he would step down from the Senate as soon as a replacement is appointed to finish his term, citing a desire to “return to Florida and my family” as reason for his sudden departure.
- H. Res. 555
Introduced by Rep. Adam Schiff, D-Calif., this resolution expresses concern for the well-being of journalists Laura Ling and Euna Lee and urges North Korea to release them on humanitarian grounds. Ling and Lee, reporters working for the San Francisco-based news outlet Current TV were sentenced to 12 years in a North Korean labor camp after being arrested in March while reporting along the Chinese-North Korean border. Both were found guilty of "hostilities against the Korean nation and illegal entry."
Status: On Aug. 4, North Korean leader Kim Jong Il issued a "special pardon" to Ling and Lee, and ordered them released during a visit by former President Bill Clinton.
- H.R. 985 — Free Flow of Information Act of 2009.
Title: “To maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media.”
Rep. Rick Boucher, D-Va., introduced the Free Flow of Information Act, also referred to as the “media shield” law, in an effort to protect the public’s right to know by setting reasonable standards for when journalists can be compelled to disclose the identities of their confidential sources in federal court. Similar legislation passed the House overwhelmingly in 2007, but the Senate took no action on the bill. Under this bill a court could compel a journalist to reveal confidential sources to prevent an act of terrorism or significant harm to national security or to identify a terrorist; to stop imminent death or significant bodily harm; to identify someone who disclosed a trade secret, health information on individuals, or confidential financial information; or, in a criminal investigation, to identify someone who disclosed classified information.
Though H.R. 985 easily passed the House of Representatives in March by voice vote, the Senate version (S. 448) encountered stiff resistance from lawmakers and the White House over concerns about national security. After several markup hearings and delays, the Obama administration and Senate co-sponsors reached a compromise in the last week of October. The compromise preserved a judge’s role in adjudicating government requests for information, but included exemptions for when the government can show that public disclosure of a source of information is necessary to prevent a terrorist act or identify a terrorist. The compromise also enlarged the media shield to include bloggers and freelance journalists.
Status: On March 31, 2009, H.R. 985 passed the House. The Senate version was referred to the Senate Judiciary Committee, where a vote was originally scheduled for early November, but was tabled after senators from both parties said they needed more time to read the new compromise language. The Senate Judiciary Committee held no fewer than 17 markup hearings on S. 448, with senators still disputing the definition of a “covered person,” and other national-security and judicial issues. On Dec. 10, the committee voted 14-5 to send S. 448 to the full Senate for a vote. As passed by the panel, the measure includes a broad definition of a journalist — including bloggers, citizen journalists and freelancers. If the full Senate approves the bill, it will have to be reconciled with the House version before it can be sent to the president for his signature.
- S. 673
Title: “A bill to allow certain newspapers to be treated as described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.”
This bill was introduced by Sen. Benjamin Cardin, D-Md., in March 2009 in response to widespread layoffs and closings of newspapers across the country. The bill would allow newspapers to operate under the same Internal Revenue Service status as churches, hospitals, educational institutions, public broadcasters and other nonprofit institutions.
Newspapers turning to nonprofit status would no longer be able to make political endorsements but could report on all issues, including political campaigns. Advertising and subscription revenue would be tax-exempt, and contributions to support coverage could be tax deductible.
The bill would allow a newspaper to be tax-exempt under three conditions: (1) if it is published on a regular basis for general circulation; (2) if it contains local, national and international news stories of interest to the general public and its distribution is necessary or valuable in achieving an educational purpose; and (3) if the preparation of the material it contains follows a methodology generally accepted as educational.
Status: This bill was referred to the Senate Finance Committee on March 24, 2009.
- H.R. 269 — Fallen Hero Commemoration Act.
Title: “A bill to require the Department of Defense to grant access to accredited members of the media when the remains of members of the Armed Forces arrive at military installations in the United States.”
Introduced by Rep. Walter Jones, R-N.C., the Fallen Hero Commemoration Act directs the Secretary of Defense to grant access to accredited members of the news media at military commemoration ceremonies and military memorial services for members of the Armed Forces who have died on active duty and when the remains of such members arrive at U.S. military installations.
Status: In January 2009 this bill was referred to the House Committee on Armed Services.
- H.R. 429
Title: “To permit the televising of Supreme Court proceedings.”
Introduced in January 2009 by Rep. Ted Poe, R-Texas, H.R. 429 requires the Supreme Court to permit television coverage of all open sessions of the Court unless it decides by majority vote that allowing such coverage in a particular case would violate the due-process rights of any of the parties involved.
Status: This bill was referred to the House Committee on the Judiciary on Jan. 9, 2009.
Hate crimes
- The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act
On Oct. 28, President Obama signed into law a defense-funding bill that included a hate-crimes measure introduced by the late Sen. Edward M. Kennedy, D-Mass., just before his death. The bill — named for Matthew Shepard, a gay Wyoming college student who was murdered in 1998, and James Byrd Jr., an African-American in Texas who was chained to a pickup truck and dragged to death the same year — had been on the congressional agenda for a decade, but never gained the full support of Congress until it was slipped into the text of a $680 billion Defense Department bill outlining the Pentagon’s budget (H.R. 2647 / S.1390).
The law makes it a federal crime to attack members of the military because of their service. It also includes penalties for assaults based on a person’s gender, sexual orientation, gender identity or disability. Some social and religious conservatives say the law is a threat to the First Amendment. Some pastors, in particular, argue that anyone preaching against homosexuality could be charged with a federal hate crime, thus chilling their First Amendment freedoms of speech and religion.
'Libel tourism'
- H.R. 2765 | S. 3518 — Securing the Protection of our Enduring and Established Constitutional Heritage Act (SPEECH Act).
Title: “A bill to amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments in United States Courts where those judgments undermine the first amendment to the Constitution of the United States, and to provide a cause of action for declaratory judgment relief against a party who has brought a successful foreign defamation action whose judgment undermines the first amendment.”
Introduced in June 2009 by Rep. Steve Cohen (D-Tenn.), H.R. 2765 would invalidate foreign libel judgments levied against Americans that could not have been obtained in the United States due to First Amendment protections. It does not go as far as other libel-tourism bills under consideration in Congress that would allow defendants to counter-sue the plaintiffs who bring such claims against them in foreign courts, which makes the bill less controversial and possibly more appealing to members of Congress.
Status: On June 15, 2009, Cohen’s bill passed the House by voice vote. In June 2010, Sens. Patrick Leahy, D-Vt., and Jeff Sessions, R-Ala., introduced their own version of the SPEECH Act (S. 3518). The Senate Judiciary Committee adopted Leahy and Sessions’ measure the next month as an amendment to the House-passed companion bill. The full Senate unanimously passed the SPEECH Act by voice vote on July 19, 2010. On July 27, 2010, the House agreed to the Senate amendment by voice vote. President Obama signed the amended bill into law on Aug. 10. 2010.
- H.R. 1304 — Free Speech Protection Act of 2009.
Title: “To create a Federal cause of action to determine whether defamation exists under United States law in cases in which defamation actions have been brought in foreign courts against United States persons on the basis of publications or speech in the United States.”
Sponsored by Rep. Peter King, R-N.Y., this bill would protect American journalists and other writers from a practice known as “libel tourism,” in which plaintiffs pursue libel claims in foreign courts that offer few, if any, of the protections for speech available in U.S. courts. The Free Speech Protection Act of 2009 seeks to end this practice. A companion measure (S. 449) was introduced by the former Republican, now Democrat, Sen. Arlen Specter of Pennsylvania in February 2009.
Status: This bill was read twice and referred to the House Judiciary Committee. On Aug. 19, 2009, the bill was referred to the Subcommittee on Courts and Competition Policy.
PATRIOT Act
- H.R. 3961
Title: “An Act to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 until Feb. 28, 2011”
Lacking the 60 votes necessary to end debate on extending the PATRIOT Act, Senate Democrats settled on a one-year extension of expiring surveillance and seizure provisions of the USA PATRIOT Act. By passing H.R. 3961 by voice vote with no debate on Feb. 24, 2010, the Senate failed to add new privacy protections to the PATRIOT Act and left in place three sections authorizing court-approved roving wiretaps that permit surveillance on multiple phones, allowing court-approved seizure of records and property in anti-terrorism operations, and permitting surveillance against a so-called lone wolf, a non-U.S. citizen engaged in terrorism who may not be part of a recognized terrorist group.
Status: On Feb. 25 the House of Representatives voted 315 to 97 in favor of the one-year extension. President Barack Obama signed the measure on Feb. 27.
- S. 1692 – USA PATRIOT Act Sunset Extension Act of 2009
On Sept. 22, 2009, Senate Judiciary Committee Chairman Patrick J. Leahy, D-Vt., introduced the USA PATRIOT Act Sunset Extension Act of 2009. This bill would extend three provisions of the 2001 PATRIOT Act that are due to expire Dec. 31, 2009, including Section 215 concerning “business records,” often referred to as the “library provision.”
The House Subcommittee on the Constitution held its first hearing on extending the PATRIOT Act on Sept. 22. Committee chairman Rep. Jerrold Nadler, D-N.Y., said the law had "aroused a great deal of controversy and concern" but nonetheless "remains a useful tool" in investigating and preventing terrorism. Opponents of the PATRIOT Act, however, upset by the far-reaching search authority of the law, were not ready to back the extension. Sen. Russ Feingold, D-Wis., the lone opponent of the PATRIOT Act in 2001, introduced an alternate bill, called the JUSTICE Act (S. 1686), which would allow lawsuits against telecommunications firms that cooperated with the Bush administration and supplied information on their customers.
Status: On Oct. 8, voting 11 to 8, the Senate Judiciary Committee approved S.1692 after largely rejecting a series of proposed changes to surveillance laws sought by civil liberties and privacy advocates. That bill now goes before the full Senate for a vote. A vote has yet to be held on S.1686, which has been referred to the Senate Judiciary Committee.
- H.R. 3845 — USA PATRIOT Amendments Act of 2009
On Oct. 20, 2009, Rep. John Conyers, D-Mich., introduced legislation that would “extend and modify authorities needed to combat terrorism and protect civil liberties, and for other purposes.” Specifically, the USA PATRIOT Amendments Act of 2009 would allow the PATRIOT Act’s never-used “lone wolf” section to expire at the end of Dec. 31, 2009. In addition, the bill would place restrictions on national-security letters and roving wiretaps, and place higher standards on requests to obtain records from businesses, libraries and booksellers.
Status: On Nov. 5, the House Judiciary Committee approved H.R. 3845 16-10, largely along party lines. The bill now goes to the full House for a vote.
Additional legislation with bearing on the PATRIOT Act introduced in the 111th Congress includes:
- NSL Reform Act of 2009 (H.R. 1800) — Raises the standard needed for the FBI to obtain National Security Letters, and stipulates that NSLs must not be used to spy on U.S. residents solely on the basis of their First Amendment activities.
- FISA Amendments Act of 2009 (H.R. 3846) — Amends the Foreign Intelligence Surveillance Act of 1978 to provide additional civil liberties protections, and for other purposes.
- Safe and Secure American Act (H.R. 1467) — Proposes a 10-year extension on Section 206 of the PATRIOT Act, including “roving” wiretap powers and government access to library-patron records.
- State Secrets Protection Act (S. 417, H.R. 984) — Declares that in any civil action brought in federal or state court, the government has a privilege to refuse to give information and to prevent any person from giving information only if the government shows that public disclosure of the information would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States.
‘Fairness Doctrine’
A few bills were introduced in the 111th Congress that addressed the so-called Fairness Doctrine, discarded in 1987 by the Federal Communications Commission as a tool to regulate broadcasters. These bills include:
- S. Amdt. 573
Title: “To prevent the Federal Communications Commission from repromulgating the fairness doctrine.”
This amendment, sponsored by Sen. Jim DeMint, R-S.C., amends a Senate bill (S.160) introduced by Sen. Lisa Murkowski, R-Alaska, preventing the Federal Communications Commission from reactivating the “Fairness Doctrine.” In the House version (H.R. 157) of this bill, the anti-Fairness Doctrine amendment was rejected by committee. (See also S.J. Res. 11.)
Status: This amendment was agreed to in the Senate on Feb. 26, 2009, by an 87-11 vote.
- S. 160 — District of Columbia House Voting Rights Act of 2009.
Title: “A bill to provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives.”
Sponsored by Sen. Joseph Lieberman, I-Conn., S. 160 would provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives. This bill also includes an amendment barring federal regulators from re-imposing the Fairness Doctrine.
Status: This bill passed in the Senate by a roll call vote of 61-37 on Feb. 26, 2009, and now awaits consideration by the House.
- H.R. 226 — Broadcaster Freedom Act of 2009.
Title: “To prevent the Federal Communications Commission from repromulgating the fairness doctrine.”
Introduced on Jan. 7, 2009, by Rep. Mike Pence, R-Ind., the Broadcaster Freedom Act of 2009 would prohibit the FCC from enforcing any rule that requires broadcasters who license stations from the FCC to air a variety of opinions on debates of public importance. The bill is unlikely to advance as House Speaker Nancy Pelosi, D-Calif., and the other Democrats in the House of Representatives have stated their support of reinstating the Fairness Doctrine. Additionally, the White House has said the Obama administration is not currently pursuing a reinstatement of the Fairness Doctrine.
Status: The bill was referred to the House Committee on Energy and Commerce. Related bills include S. 62, sponsored by Sen. James Inhofe, R-Okla., and S. 34, sponsored by Sen. Jim DeMint, R-S.C.
Presidential records
- S. 692 — Title: “A bill to provide that claims of the United States to certain documents relating to Franklin Delano Roosevelt shall be treated as waived and relinquished in certain circumstances.”
Introduced by Sen. Charles Schumer, D-N.Y., this bill clears the way for memorabilia amassed by Franklin D. Roosevelt's secretary, Grace Tully, to be donated to Roosevelt's presidential library and museum in Hyde Park, N.Y. Fourteen boxes of artifacts have been sealed at Roosevelt's presidential library since July 2005, tied up in an ownership dispute between the government and a private collector.
Status: On Oct. 14, 2009, the Senate passed S. 692 by unanimous consent. The House passed it by voice vote on Jan. 13, 2010.
- H.R. 35 — Presidential Records Act Amendments of 2009.
Title: “To amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records.”
This bill by Rep. Edolphus Towns, D-N.Y., would govern the right of a president to withhold certain information from the other branches of government and the public. Past presidents have issued conflicting executive orders on the issue. The bill mirrors language of President Barack Obama’s executive order and outlines a process for considering executive-privilege claims.
Status: This bill passed the House on Jan. 7, 2009, by a 359-58 vote. On April 1, 2009, the Senate Homeland Security and Governmental Affairs Committee approved the bill and reported favorably to the full Senate (as amended) by voice vote.
FOIA, transparency, open government & classified documents
- H.R. 4983 — Transparency in Government Act of 2010
Introduced by Rep. Mike Quigley, D-Ill., on March 25, 2010, the act would amend the Ethics in Government Act of 1978 to revise or prescribe requirements for greater disclosure and electronic filing of personal financial information by members of Congress and congressional officers and employees. This bill addresses issues ranging from making members’ reports of their personal financial information more detailed, to making lobbyists’ reports more timely, to making the work of federal contractors more transparent.
Status: H.R. 4983 was referred to the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties on June 15, 2010.
- H. Res. 554 — The “Read the Bill” Bill
Title: "Amending the Rules of the House of Representatives to require that legislation and conference reports be available on the Internet for 72 hours before consideration by the House, and for other purposes."
Open-government advocacy groups have long argued that controversial bills are often voted on only hours after coming to the House or Senate floor, giving no time for members of Congress to read the bill, and no chance for citizens to weigh in on the legislation. H. Res. 554 was introduced by Rep. Brian Baird, D-Wash., on June 17, 2009, in response to these calls for greater transparency. The bill would require legislation being voted on in the House to be available online for 72 hours before debate. Similar legislation was introduced in the 110th and 109th Congresses but died in committee.
Status: On Sept. 23, 2009, Rep. John Boehner, R-Ohio, filed a motion to discharge the committee considering H. Res. 554, which would bring the bill to the House floor for a vote. Despite this effort, H. Res. 554 remains in the House Rules Committee.
- S. 3717 — SEC Freedom of Information Restoration Act
Title: "A bill to amend the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to provide for certain disclosures under section 552 of title 5, United States Code, (commonly referred to as the Freedom of Information Act), and for other purposes."
Introduced Aug. 5, 2010, by Sens. Patrick Leahy, D-Vt., John Cornyn, R-Texas, Edward Kaufman, D-Del. and Chuck Grassley, R-Iowa, S. 3717 would reverse language in the financial-overhaul law passed by Congress and signed by President Obama in July that allows the Securities and Exchange Commission to reject many open-records requests. Journalism organizations have argued that the SEC provision in the financial overhaul, known by its technical name 929I, could be used to deny FOIA requests by the news media and individuals, citing the SEC’s failures with the Bernie Madoff case and subprime-mortgage crisis as reasons that the agency needs to be open to further public scrutiny. Though the SEC has repeatedly denied that the 929I provision can be used to deny FOIA requests, lawmakers from both parties and both chambers of Congress have expressed concern about the sweeping nature of the financial-overhaul law with regard to FOIA. A similar measure (H.R. 5924) was introduced in the House on July 29, 2010, by Rep. Darrell Issa, R-Calif.
Status: Both the Senate and House versions of this bill have been referred to their respective committees for consideration.
- S. 3111 — Faster FOIA Act of 2010
On March 15, 2010, Sen. Patrick Leahy, D-Vt., introduced S. 3111 during Sunshine Week. Similar legislation was introduced in 2005 by Sen. John Cornyn, R-Texas, S. 589, which would have established a 16-member Commission on Freedom of Information Act Processing Delays with the goal of ensuring “the efficient and equitable administration of FOIA throughout the Government.” The 2005 bill died in committee.
During Sunshine Week 2009, Leahy introduced S. 612, the OPEN FOIA Act of 2009, which would require Congress to openly and clearly state its intention to provide for statutory exemptions to FOIA in proposed legislation. The bill is currently under consideration by the Senate Judiciary Committee.
Status: On April 15, 2010, the Senate Judiciary Committee voted to send the Faster FOIA Act to the full Senate for a vote.
- H.R. 4858 — Public Online Information Act of 2010
Introduced by Rep. Steve Israel, D-N.Y., on March 16, 2010, the Public Online Information Act (POIA) requires executive branch agencies to publish all publicly available information on the Internet in a timely fashion and in user-friendly formats. It would also create an advisory committee to help develop government-wide Internet publication policies. A number of public information advocacy groups have made statements of support for this legislation.
Status: On March 16, 2010, the bill was referred to the House Committee on Oversight and Government Reform.
- H.R. 4775 — Open and Transparent Smithsonian Act
Introduced by Del. Elanor Norton, D-D.C., H.R. 4775 would make the Freedom of Information Act, the Privacy Act, federal law relating to open meetings of federal agencies, and the Federal Advisory Committee Act applicable to the Smithsonian Institution. The Senate took up a similar bill in 2008 during the 110th Congress (S. 3276), but that bill did not become law.
Status: On March 4, 2010, the bill was referred to the House Committee on House Administration.
- H.R. 2450 – Private Prison Information Act of 2009
Introduced by Rep. Sheila Jackson-Lee, D-Texas, the Private Prison Information Act of 2009 would require prisons to comply with all Freedom of Information Act requirements. If enacted, the bill would bring privately owned and operated prisons contracting with the federal government under the FOIA purview.
Status: On June 12, 2009, H.R. 2450 was referred to the House Subcommittee on Crime, Terrorism, and Homeland Security.
- S. 657 — Sunshine in the Courtroom Act of 2009
Sen. Chuck Grassley, R-Iowa, introduced this bill on March 19, 2009. It authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting or televising to the public of court proceedings over which that judge presides, except when doing so would violate due process for any party. An identical bill (H.R. 3054) was introduced in the House on June 25, 2009, by Rep. William Delahunt, D-Mass.
Status: S. 657 was read twice and referred to the Senate Judiciary Committee. H.R. 3054 was referred to the House Subcommittee on Courts and Competition Policy.
- S.1100 — Detainee Photographic Records Protection Act of 2009.
On May 20, 2009, Sen. Joseph Lieberman, I-Conn., introduced S.1100 “to provide that certain photographic records relating to the treatment of any individual engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside the United States shall not be subject to disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act).” A companion bill (H.R. 2712) introduced by Rep. Michael Conaway, R-Texas, is under consideration in the House.
In addition to S. 1100 and H.R. 2712, members of Congress have introduced similar bills, including H.R. 3015, S. 1285, S. 1260 and H.R. 2875.
Status: Both Senate bills were read twice and referred to the Judiciary Committee. All three House bills were referred to House Committee on Oversight and Government Reform.
- Detainee Torture Photographs
On Oct. 28, 2009, President Obama signed into law a homeland-security spending bill (H.R. 2892) that included a provision proposed by Sens. Joseph Lieberman, I-Conn., and Lindsey Graham, R-S.C., that would allow the secretary of defense to bar release of detainee photos to the public for three years. The legislation was introduced to protect images that were the subject of a Supreme Court case, Department of Defense v. ACLU, in which a lower court ordered the release of 21 color photographs showing prisoners in Afghanistan and Iraq being abused by Americans. In November, Defense Secretary Robert Gates used his authority under the act to block the release of the pictures, saying their release would endanger American soldiers.
- H.R. 1323 — Reducing Information Control Designations Act.
Title: “To require the Archivist of the United States to promulgate regulations regarding the use of information control designations, and for other purposes.”
Sponsored by freshman Rep. Steve Driehaus, D-Ohio, H.R. 1323 was drafted in response to a recommendation from the independent Sept. 11 commission for improved government information-sharing. The House passed an identical bill (H.R. 6576) in the 110th Congress, but the Senate never considered the measure. In a press release, Driehaus said, “This is an important step in our work to make government more open, efficient, and accountable. Unclassified government information should be easy to access, but the current jumble of pseudo-classifications results in a roadblock for the public and poor information sharing among government agencies. My legislation would streamline the way we control information, helping to break down the bureaucracy between the people and their government.”
Status: On March 17, 2009, H.R. 1323 passed the House of Representatives by voice vote. The bill now awaits action in the Senate.
- H.R. 854 — Over-Classification Reduction Act.
Title: “To require the Archivist of the United States to promulgate regulations to prevent the over-classification of information, and for other purposes.”
The Over-Classification Reduction Act seeks to ensure that government documents are properly handled when they are declared classified. The bill, sponsored by Rep. William Clay, D-Mo., would help determine criteria for what information should be considered classified and would mandate the recording of who was responsible for classifying the document. The bill also seeks to move away from a department-by-department approach to classifying information. A similar bill (H.R. 6575) passed the House of Representatives in the 110th Congress, but never became law.
As amended, the bill would require the archivist to consult with the heads of affected federal agencies and other federal entities with classification authority, as well as with state and local governments, law enforcement entities, the private sector and organizations with expertise in civil rights, employee and labor rights, civil liberties and government oversight. In addition, the bill would require agency inspectors general to randomly audit classified information, and require training programs on classification practices, among other requirements.
Status: The bill was referred to the House Oversight and Government Reform Committee, and on Feb. 11, 2009, H.R. 854 was recommended to be considered by the full House.
- H.R. 553 — Reducing Over-Classification Act of 2009.
Title: “To require the Secretary of Homeland Security to develop a strategy to prevent the over-classification of homeland security and other information and to promote the sharing of unclassified homeland security and other information, and for other purposes.”
Sponsored by Rep. Jane Harman, D-Calif., the Reducing Over-Classification Act of 2009 requires the Department of Homeland Security, in consultation with the National Archives and Records Administration, to create standard classified and unclassified formats for finished intelligence products created by DHS. All finished intelligence products would be simultaneously prepared in the standard unclassified format.
The bill also directs the secretary of DHS to establish an ongoing auditing mechanism to randomly select classified information from each DHS component to assess whether applicable classification regulations have been followed, describe any problems with their administration, and recommend improvements in awareness and training to address the problems identified.
Status: On Feb. 3, 2009, H.R. 553 passed in the House of Representatives by voice vote. The bill was received in the Senate and read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- H.R. 3849 – Disclosure of Presidential Declassification of Intelligence Information Act of 2009.
Introduced by Rep. John Conyers, D-Mich., on Oct. 20, 2009, H.R. 3849 would amend the National Security Act of 1947 to require notice to Congress when the president declassifies intelligence information.
Status: Referred to the House Intelligence Committee.
- S. 417 — State Secrets Protection Act.
Title: “A bill to enact a safe, fair, and responsible state secrets privilege Act.”
Introduced in February 2009 by Sen. Patrick Leahy, D-Vt., the State Secrets Protection Act would allow judges to privately review information that the government claims is too sensitive for public dissemination. Specifically, the bill amends the federal judicial code to: (1) require a federal court to determine which filings, motions and affidavits (or portions) submitted under this act shall be submitted ex parte; (2) allow a federal court to order a party to provide a redacted, unclassified or summary substitute of a filing, motion or affidavit to other parties; and (3) require a federal court to make decisions under this act, taking into consideration the interests of justice and national security.
This bill also requires any hearing under this act to be conducted in camera. However, it prohibits an in camera hearing based on the assertion of the state-secrets privilege, if the court determines that the hearing relates only to a question of law and does not present a risk of revealing state secrets.
Status: This bill was read twice and referred to the Judiciary Committee.
- S. 1373 — Federal Research Public Access Act (FRPAA) of 2009.
Introduced in June 2009 by Sen. Joseph Lieberman, I-Conn., and Sen. John Cornyn, R-Texas, FRPAA would make scientific research funded by the U.S. government’s 11 largest funding bodies accessible for free by the general public.
Status: Referred to the Senate Homeland Security and Governmental Affairs Committee.
- S. Res. 118
Title: “A resolution to provide Internet access to certain Congressional Research Service publications.”
In April 2009, Sen. Joseph Lieberman, I-Conn., introduced this resolution to publish non-confidential Congressional Research Service reports online. Housed in the Library of Congress, the CRS researches and writes reports for congressional lawmakers and staff on current topics. These reports currently exist on an internal server on Capitol Hill, and in most cases the only way the public can get them is by calling a lawmaker’s office and requesting a copy. (Some sites, including this one, post some reports obtained and distributed by advocates and others.) Lieberman’s resolution directs the CRS to make these reports publicly available online.
Status: On April 29, 2009, this bill was referred to the Senate Committee on Rules and Administration.
- H.R. 1387 — Electronic Message Preservation Act.
Title: “To amend title 44, United States Code, to require preservation of certain electronic records by Federal agencies, to require a certification and reports relating to Presidential records, and for other purposes.”
The Electronic Message Preservation Act would establish regulations for the White House and other federal agencies regarding the preservation and maintenance of e-mail records. Sponsored by Rep. Paul Hodes, D-N.H., this bill is similar to legislation that passed the House last year but was not taken up by the Senate. Under current practice, the National Archives and Records Administration works with an administration to coordinate the transfer of official records on the president’s final day in office. The transfer is mandatory under the Presidential Records Act, but NARA has no authority over how presidents maintain records during their tenure. H.R. 1387 would give NARA more authority to issue guidelines on how agencies and the White House should preserve their electronic records.
A similar bill (H.R. 5811) passed the House in the 110th Congress, but never reached the Senate and failed to become law.
Status: On March 17, 2010, the House of Representatives passed H.R. 1387 by voice vote. On March 18, the Senate received the bill, which was read twice and referred to the Homeland Security and Governmental Affairs Committee.
- S. 612 — OPEN FOIA Act of 2009.
Title: “A bill to amend section 552(b)(3) of title 5, United States Code (commonly referred to as the Freedom of Information Act) to provide that statutory exemptions to the disclosure requirements of that Act shall specifically cite to the provision of that Act authorizing such exemptions, to ensure an open and deliberative process in Congress by providing for related legislative proposals to explicitly state such required citations, and for other purposes.”
Sen. Patrick Leahy, D-Vt., and Sen. John Cornyn, R-Texas, introduced the OPEN FOIA Act of 2009 during Sunshine Week on March 17, 2009. The bill would require Congress to openly and clearly state its intention to provide for statutory exemptions to FOIA in proposed legislation. The Senate first passed similar legislation unanimously in 2006, and Leahy and Cornyn introduced the bill in the last Congress.
Status: Read twice and referred to the Senate Judiciary Committee.
Internet and obscenity
- S. 773 — Cybersecurity Act of 2009.
Introduced by Sens. Jay Rockefeller, D-W.Va., and Olympia Snowe, R-Maine, this bill aims to address the nation’s vulnerability to massive cybercrime, global cyber espionage, and cyber attacks. Bill proponents argue that the proposed legislation would bring new high-level government attention to develop a fully integrated, thoroughly coordinated, public-private partnership for the nation’s cyber security efforts in the 21st century. To that end, Rockefeller and Snowe introduced a related bill (S.778) that would establish the Office of the National Cybersecurity Adviser within the Executive Office of the President. This “cyber czar” would be a member of both the National Security Staff and the National Economic Council staff, reporting to both. According to President Obama, the office would be responsible for “orchestrating and integrating all cybersecurity policies for the government; working closely with the Office of Management and Budget to ensure agency budgets reflect those priorities; and, in the event of a major cyber incident or attack, coordinating our response.”
Some Internet companies and civil liberties groups have voiced concerns that a revised version of S. 773 appears to permit the president to seize temporary control of private-sector networks during a so-called cybersecurity emergency. Probably the most controversial language begins in Section 201, which permits the president to "direct the national response to the cyber threat" if necessary for "the national defense and security." The White House is supposed to engage in "periodic mapping" of private networks deemed to be critical, and those companies "shall share" requested information with the federal government. ("Cyber" is defined as anything having to do with the Internet, telecommunications, computers, or computer networks.)
In the House of Representatives, the House Committee on Science and Technology's Subcommittee on Technology and Innovation is considering its own version of the Senate bill, the Cybersecurity Coordination and Awareness Act. This bill would require the National Institute of Standards and Technology to develop and implement a plan to ensure coordination within the U.S. government on developing cybersecurity technical standards. The bill would also require NIST to create a cybersecurity awareness and education program and engage in research and development to improve identity-management systems.
Status: Sens. Rockefeller and Snow unveiled a new draft version of their cybersecurity bill on March 17, 2010, which would establish a Senate-confirmed office to handle cybersecurity matters, replacing the ad hoc adviser President Obama appointed in 2009. The bill would also enumerate the president’s powers during national cybersecurity emergencies, establish new bridges for public-private security cooperation, and set in place routine checks on the country’s cybersecurity infrastructure. It attempts to address many of the criticisms leveled at the first draft of the legislation issued in 2009, however it remains unclear whether the revisions go far enough. The House Subcommittee on Technology and Innovation approved its version on Nov. 4. At least 18 other bills have been introduced as Congress works carefully to give federal authorities the power to protect the country in the event of a massive cyberattack.
- H.R. 1966 — Megan Meier Cyberbullying Prevention Act.
Introduced in April 2009 by Rep. Linda Sanchez, D-Calif., H.R. 1966 would create a new federal law to give prosecutors the ability to punish those who use electronic means to engage in severe cyberbullying — defined as repeated, hostile, and severe communication made with an intent to harm.
In a Judiciary Subcommittee hearing on her bill, Sanchez stated, “I believe that we can protect our right to free speech and victims of cyberbullying at the same time. I want the law to be able to distinguish between an annoying chain email, a righteously angry political blog post, or a miffed text to an ex-boyfriend — all of which are and should remain legal [—] and serious, repeated, and hostile communications made with the intent to harm.”
The legislation is named after Megan Meier, a 13-year-old girl who committed suicide after being cyberbullied. A neighbor of the Meier family, Lori Drew, created a fictitious MySpace page claiming to be a teenage boy named Josh, who sent her harassing messages and postings.
A related bill (H.R. 3630) introduced by Rep. Debbie Wasserman Schultz, D-Fla., called the Adolescent Web Awareness Requires Education Act, would create a grant program to promote awareness of cybercrime and online risks and undertake preventive actions.
Status: A House Judiciary Subcommittee held hearings on both H.R. 1966 and H.R. 3630 on Sept. 30. The full House of Representatives has yet to consider the bill.
- S. 436 — Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act of 2009.
Title: “A bill to amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.”
Sen. John Cornyn, R-Texas, introduced the SAFETY Act in February 2009. The bill amends the federal criminal code to: (1) prohibit financial transactions in interstate or foreign commerce that facilitate access to, or the possession of, child pornography; (2) prohibit conduct by an Internet content hosting provider or email service provider that facilitates access to, or the possession of, child pornography; (3) require providers of electronic communication or remote computing services to retain certain user records for at least two years; (4) establish certain child sexual exploitation crimes as a predicate for money laundering prosecutions; (5) increase criminal penalties for sexual exploitation of children and for child pornography; and (6) establish embezzlement or theft of public property and bribery as predicates for racketeering prosecutions. An identical bill, H.R. 1076, is currently being considered in the House.
Status: In February 2009 this bill was read twice and referred to the Judiciary Committee.
- H.R. 780 — Student Internet Safety Act of 2009.
Title: "To amend the Elementary and Secondary Education Act of 1965 to promote the safe use of the Internet by students, and for other purposes."
Rep. Adam Putnam, R-Fla., introduced the act in January 2009. It would allow local educational agencies to use state subgrants under the Enhancing Education through Technology program and the Safe and Drug-Free Schools and Communities program to develop and implement programs promoting safe Internet use by students.
Status: On June 16, 2009, the bill passed in the House by roll-call vote: 416 ayes, no nays, 17 present/not voting. The bill now awaits action in the Senate, where it was referred to the Committee on Health, Education, Labor and Pensions.
- H.R. 2271 — Global Online Freedom Act of 2009.
Introduced by Rep. Christopher Smith, R-N.J., this bill’s stated goal is “To prevent United States businesses from cooperating with repressive governments in transforming the Internet into a tool of censorship and surveillance, to fulfill the responsibility of the United States Government to promote freedom of expression on the Internet, to restore public confidence in the integrity of United States businesses, and for other purposes.”
Status: On May 6, 2009, this bill was referred to House Energy and Commerce Committee.
- H.R. 3458 – Internet Freedom Preservation Act of 2009.
Introduced by Rep. Edward Markey, D-Mass., on July 31, 2009, H.R. 3458 addresses “Net neutrality” — the principle that Internet users should be in control of which materials they view and which applications they use on the Internet, without restrictions. Specifically, the bill would “amend the Communications Act of 1934 to establish a national broadband policy, safeguard consumer rights, spur investment and innovation, and for related purposes.” Internet service providers would be prohibited from blocking users’ access to the Internet. The Federal Communications Commission would enforce the act.
Status: Referred to the House Committee on Energy and Commerce.
- H.R. 4059 – Online Age Verification and Child Safety Act
Introduced by Rep. Bart Stupak, D-Mich., the “Online Age Verification and Child Safety Act” would require mandatory online age verification for “any pornographic website accessible by any computer located within the United States to display any pornographic material, including free content that may be available prior to the purchase of a subscription or product.” The bill also establishes online age verification for financial transactions, including purchases of “alcohol, cigarettes and tobacco, fireworks, gambling, handguns, pornographic material, and any other product or service that the Commission determines is age-restricted under Federal or State law.”
Status: On Nov. 6, 2009, the bill was referred to House Financial Services and Energy and Commerce Committees.
SLAPPs (Strategic Lawsuits Against Public Participation)
Broadcast rights
- S. 379 – Performance Rights Act.
On Feb. 4, 2009, Sen. Patrick Leahy, D-Vt., introduced this bill to amend federal copyright law to grant performers of sound recordings equal rights to compensation from terrestrial broadcasters. The amendment also would modify the circumstances under which the public performance of a sound recording is subject to statutory licensing. According to Leahy, S. 379 would correct a glaring inequity between songwriters and performers. “When we listen to music,” Leahy said, “we are enjoying the intellectual property of two creative artists — the songwriter and the performer.” Several well-known musicians and performers have lobbied for passage of this bill, but lobbyists for the National Broadcasters Association have argued that performers already benefit because radio stations playing their work drive listeners to buy music and concert tickets. Lawmakers opposed to the bill, such as Sen. John Cornyn, R-Texas, have said it would hurt small and minority-owned radio stations and force many of them to lay off employees.
A similar bill introduced by Rep. John Conyers, D-Mich., H.R. 848, is pending in the House after winning approval of the House Judiciary Committee in May.
Status: The Senate Judiciary Committee approved the act on voice vote, but the bill has yet to go before the full Senate for a vote because lawmakers said they wanted to make changes to the bill.
Video games
- H.R. 231
Title: “To require certain warning labels to be placed on video games that are given certain ratings due to violent content.”
Sponsored by Rep. Joe Baca, D-Calif., H.R. 231 requires the Consumer Product Safety Commission to issue regulations requiring that a specified warning label be placed on the packaging of any video game that is rated T (Teen) or higher by the Electronics Software Ratings Board.
Status: This bill was referred to the House Committee on Energy and Commerce in January 2009.
Indecency
- H.R. 2175 — Families for ED Advertising Decency Act.
Title: “To prohibit as indecent the broadcasting of any advertisement for a medication for the treatment of erectile dysfunction, and for other purposes.”
Introduced in the last week of April by Rep. Jim Moran, D-Va., the Families for ED Advertising Decency Act effectively bans broadcasters from airing any ads for erectile dysfunction, or "male enhancement," between 6 a.m. and 10 p.m. The bill mandates that such ads would fall under the Federal Communications Commission’s enforcement of indecency.
Status: This bill was referred to the House Committee on Energy and Commerce.
Freedom of petition
- S. 133 — Troubled Asset Relief Program Transparency Reporting Act.
Title: “A bill to prohibit any recipient of emergency Federal economic assistance from using such funds for lobbying expenditures or political contributions, to improve transparency, enhance accountability, encourage responsible corporate governance, and for other purposes.”
This bill, introduced by Sen. Dianne Feinstein, D-Calif., bars any company or its subsidiary that received Troubled Asset Relief Program funds under the Emergency Economic Stabilization Act of 2008 from using the funds for lobbying expenditures or political donations.
Status: In January 2009 this bill was read twice and referred to the Committee on Banking, Housing and Urban Affairs.
Whistleblower protections
- S. 372 — Whistleblower Protection Enhancement Act of 2009.
Title: “A bill to amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices, require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements conform with certain disclosure protections, provide certain authority for the Special Counsel, and for other purposes.”
Introduced by Sens. Daniel Akaka, D-Hawaii, and Susan Collins, R-Maine, in February 2009, the Whistleblower Protection Enhancement Act of 2009 builds upon legislation previously introduced by Akaka and Collins, the Federal Employee Protection of Disclosures Act. An identical bill was introduced in the House of Representatives by Rep. Christopher Van Hollen, D-Md., in March 2009.
Specifically, the legislation clarifies congressional intent that federal employees are protected for any disclosure of waste, fraud or abuse — including those made as part of an employee’s job duties; suspends the U.S. Court of Appeals’ sole jurisdiction over federal employee whistleblower cases for five years, which would ensure a fuller review of a whistleblower’s claim; provides whistleblower protection for employees at the Transportation Security Administration; clarifies that whistleblowers may disclose evidence of censorship of scientific or technical information under the same standards that apply to disclosures of other kinds of waste, fraud and abuse; and bars agencies from revoking an employee's security clearance, enforcing a nondisclosure policy or investigating an employee in retaliation for a protected disclosure.
In a related measure, earlier in the year the House of Representatives introduced legislation as part of the economic stimulus bill to better protect federal workers exposing waste and abuse, but a compromise eliminated that portion of the bill from the final stimulus package signed into law by President Barack Obama in February.
Status: On March 20, 2009, the Committee on Homeland Security and Governmental Affairs referred this bill to the Subcommittee on Oversight of Government Management, the Federal Workforce and the District of Columbia. On July 29, that committee unanimously approved the bill and recommended it be considered by the whole Senate.
- S. 1745 – Non-Federal Employee Whistleblower Protection Act of 2009.
Introduced by Sen. Claire McCaskill, D-Mo., on Oct. 1, S. 1745 would expand whistleblower protections to non-federal employees whose disclosures involve misuse of federal funds.
Status: This bill was read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Telemarketing & political advertising
- S. 788 — m-SPAM Act of 2009.
Introduced by Sen. Olympia Snowe, R-Maine, on April 2, 2009, the “m-SPAM Act” would amend the CAN-SPAM Act of 2003 to prohibit unsolicited mobile text messages with a commercial purpose. Specifically, the legislation would strengthen the powers of the Federal Communications Commission and Federal Trade Commission to curb unwanted text messages. It affords additional consumer protections by strictly prohibiting commercial text messages to wireless numbers listed on the do-not-call registry.
Status: This bill was read twice and referred to the Senate Committee on Commerce, Science, and Transportation.
- H.R. 1391 — SMASH Act of 2009 (Stop M-Spam Abuse as a Sales Industry Habit Act of 2009).
Introduced by Rep. John Gingrey, R-Ga., this bill requires the Federal Trade Commission to issue regulations revising the Telemarketing Sales Rule to explicitly prohibit, as an abusive telemarketing act or practice, the sending of any electronic commercial message containing an unsolicited advertisement to a telephone number that is assigned to a commercial mobile service and listed on the FTC's do-not-call registry.
Status: On March 9, 2009, this bill was referred to the House Committee on Energy and Commerce.
- H.R. 2966 — Say No to Drug Ads Act.
On June 19, 2009, Rep. Jerrold Nadler, D-N.Y., introduced H.R. 2966, the “Say No to Drug Ads Act” which would amend the federal tax code to deny tax deductions to pharmaceutical companies for the cost of direct-to-consumer advertisement of a prescription drug. In a New York Times article, Nadler is quoted as saying, “On First Amendment grounds, I am not going to say we will ban [drug advertising]. But they should not be able to get taxpayers to subsidize it.”
On June 17, 2009, Rep. Daniel Lipinski, D-Ill., introduced similar legislation, H.R. 2917, which would deny any deduction for advertising prescription drugs.
Status: Both H.R. 2966 and H.R. 2917 were referred to the House Ways and Means Committee.
- H.R. 1084 — Commercial Advertisement Loudness Mitigation Act (CALM).
Introduced by Rep. Anna Eshoo, D-Calif., on Feb. 13, 2009, this bill would require the Federal Communications Commission to "preclude commercials from being broadcast at louder volumes than the program material they accompany."
Advertisers often use an audio trick called compression, which makes the sound during commercials seem to jump out of the television without the viewer's having raised the volume. Under the current rules, a commercial cannot be louder than the loudest part of the program you are watching. H.R. 1084 would create new rules to force advertisers to lower the volume on these commercials.
Status: This bill was referred to the House Committee on Energy and Commerce, where on Oct. 8, 2009, it was forwarded by subcommittee to full committee (amended) by voice vote. On Dec. 15, H.R. 1084 passed the full House on a voice vote. The bill now goes to the Senate, which is considering an identical measure, (S. 2847), introduced by Sen. Sheldon Whitehouse, D-R.I., on Dec. 8.
- H.R. 116 — Robo Calls Off Phones (Robo COP) Act.
Title: “A bill to direct the Federal Trade Commission to revise the regulations regarding the Do-not-call registry to prohibit politically-oriented recorded message telephone calls to telephone numbers listed on that registry.”
Introduced by Rep. Virginia Foxx, R-N.C., in January 2009, the Robo COP Act directs the Federal Trade Commission to revise the National Do-Not-Call Registry provisions of the Telemarketing Sales Rule, which is currently aimed at telemarketers, to also prohibit politically oriented recorded-message calls to telephone numbers listed on the registry. This bill also defines a politically oriented recorded-message call as any “whose purpose is to promote, advertise, campaign, or solicit donations, for or against any political candidate or regarding any political issue, or uses in the recorded message any political candidate’s name.”
Status: This bill was referred to the House Committee on Energy and Commerce.
Religious freedom
- H. Res. 1119
Introduced by Rep. Gary Peters, D-Mich., this resolution "expresses the sense of the House of Representatives that all people in the United States should participate in a moment of silence to reflect upon the service and sacrifice of members of the United States Armed Forces both at home and abroad."
Status: The resolution passed in the House by roll-call vote on March 21, 2010.
- H.R. 2085 — Religious Freedom Peace Tax Fund Act of 2009.
This bill, introduced by Rep. John Lewis, D-Ga., would create the “Religious Freedom Peace Tax Fund” to receive income, estate, or gift tax payments from individuals who are conscientiously opposed to participation in war. Monies deposited in the Religious Freedom Peace Tax Fund would be allocated annually to any appropriation not for a military purpose.
Status: On April 23, 2009, this bill was referred to the House Ways and Means Committee.
- H. Res. 397
Title: “Affirming the rich spiritual and religious history of our Nation's founding and subsequent history and expressing support for designation of the first week in May as ‘America's Spiritual Heritage Week’ for the appreciation of and education on America's history of religious faith.”
This resolution introduced by Rep. J. Randy Forbes, R-Va., declares that the House of Representatives: (1) affirms the rich spiritual and diverse religious history of our nation's founding and subsequent history, including up to today; (2) recognizes that the religious foundations of faith on which America was built are critical underpinnings of our nation's most valuable institutions; (3) rejects any effort to remove, obscure, or omit such history from public buildings and educational resources; and (4) expresses support for designation of an "America's Spiritual Heritage Week" every year.
Status: On May 4, 2009, this bill was referred to the House Committee on Oversight and Government Reform.
- H. Con. Res. 121
Title: “Encouraging the President to designate 2010 as ‘The National Year of the Bible’.”
Introduced by Rep. Paul Broun, R-Ga., this resolution declares that “shared Biblical beliefs unified the colonists and gave our early leaders the wisdom to write the Declaration of Independence and the Constitution of the United States, both of which recognized the inherent worth, dignity, and inalienable rights of each individual, thus unifying a diverse people with the right to vote, and the freedoms of speech and vast religious freedoms.”
Status: This bill was referred to the House Committee on Oversight and Government Reform on May 7, 2009.
- H.R. 268
Title: “To amend title 10, United States Code, to ensure that every military chaplain has the prerogative to close a prayer outside of a religious service according to the dictates of the chaplain's own conscience.”
Introduced by Rep. Walter Jones, R-N.C., H.R. 268 authorizes a military chaplain, if called upon to lead a prayer outside of a religious service, to close the prayer according to the dictates of the chaplain's conscience.
Status: Referred to the House Subcommittee on Military Personnel on Jan. 30, 2009.
- H. Res. 256
Title: “Expressing the sense of the House of Representatives that all Americans should participate in a moment of silence to reflect upon the service and sacrifice of members of the United States Armed Forces both at home and abroad.”
Introduced by Rep. Zach Wamp, R-Tenn., H. Res. 256 would declare March 26, 2009, “National Support Our Troops Day,” and states that all Americans should participate in a moment of silence “to reflect upon the service and sacrifice of members of the U.S. Armed Forces both at home and abroad.”
Status: On April 27, 2009, this bill was referred to the House Subcommittee on Military Personnel.
- H.J. Res. 6
Title: “Proposing an amendment to the Constitution of the United States relating to voluntary school prayer.”
Sponsored by Rep. Jo Ann Emerson, R-Mo., this joint resolution declares that the Constitution shall not be construed to prohibit individual or group prayer in public schools or other public institutions. It also prohibits the United States or any state from requiring any person to participate in prayer or from prescribing the content of any prayer.
Status: In January 2009, this bill was referred to the House Committee on the Judiciary, and in February it was referred to the Subcommittee on the Constitution, Civil Rights and Civil Liberties.
- H. Res. 284
Title: “Expressing the sense of the House of Representatives that all Americans should participate in a moment of silence to reflect upon the service and sacrifice of members of the United States Armed Forces both at home and abroad.”
Introduced by Rep. Gary Peters, D-Mich., this resolution expresses the sense of the House of Representatives that all Americans should participate in a moment of silence to reflect upon the service and sacrifice of members of the United States Armed Forces both at home and abroad. Another measure with identical wording was also introduced in the 111th Congress. H. Res. 256, introduced by Rep. Zack Wamp, R-Tenn., also expresses “the sense of the House of Representatives that all Americans should participate in a moment of silence to reflect upon the service and sacrifice of members of the United States armed forces both at home and abroad.”
Status: The House Armed Services Committee referred both bills to the Subcommittee on Military Personnel.
- S. Res. 5
Title: “A resolution expressing the support for prayer at school board meetings.”
Sponsored by Sen. David Vitter, R-La., this resolution expresses the support for prayer at school board meetings and recognizes that prayer before school board meetings is a protected act.
Status: This bill was referred to the Committee on Health, Education, Labor and Pensions.
Public religious displays
- H. Res. 1175
This resolution introduced by Rep. Paul Broun, R-Ga., expresses "support for designation of the first weekend of May as Ten Commandments Weekend to recognize the significant contributions the Ten Commandments have made to shaping Western civilization and the vital role they played in the development of the institutions and national character of the United States."
Status: Referred to the House Committee on Oversight and Government Reform on March 12, 2010.
- H.R. 3477 — Congressional Hope for Uniform Recognition of Christian Heritage (CHURCH) Act of 2009
The CHURCH Act, introduced by Rep. Louis Gohmert, R-Texas, would require the architect of the Capitol to agree with a private entity on the design and fabrication of a historical plaque to be displayed permanently in National Statuary Hall recognizing the seven decades of Christian church services held in the Capitol from 1800 to 1868. The bill would also authorize the architect to use National Statuary Hall for a presentation ceremony for the plaque.
Status: This bill was referred to the House Committee on House Administration on July 31, 2009.
- H. Res. 951 — Expressing the sense of the House of Representatives that the symbols and traditions of Christmas should be protected for use by those who celebrate Christmas.
On Dec. 8, 2009, Rep. Henry Brown, R-S.C., introduced this resolution, which recognizes that “the Framers intended that the First Amendment of the Constitution, in prohibiting the establishment of religion, would not prohibit any mention of religion or reference to God in civic dialog.” The resolution recognizes the importance of the symbols and traditions of Christmas; strongly disapproves of attempts to ban references to Christmas; and expresses support for the use of these symbols and traditions by those who celebrate Christmas.
Status: Referred to the House Committee on Oversight and Government Reform.
- H. Con. Res. 131
Title: “Directing the Architect of the Capitol to engrave the Pledge of Allegiance to the Flag and the National Motto of "In God We Trust" in the Capitol Visitor Center.”
Introduced by Rep. Daniel E. Lungren, R-Calif., on May 20, 2009, this resolution directs the Architect of the Capitol to engrave the Pledge of Allegiance to the Flag and the National Motto of "In God We Trust" in the Capitol Visitor Center.
Status: This resolution passed in both chambers and now takes effect. It does not require the president's signature and does not have the force of law.
Flag desecration & display
- S.J. Res. 15
This joint resolution introduced by Sen. David Vitter, R-La., on May 6, 2009, proposes “an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.” A similar resolution (H.J. Res. 47) was introduced in the House of Representatives by Rep. Jo Ann Emerson, R-Mo.
Status: This bill was read twice and referred to the Senate Judiciary Committee.
- H.R. 2546 — Blue Star/Gold Star Flag Act of 2009
Rep. John Boccieri, D-Ohio, introduced the act on May 21, 2009, “to ensure that the right of an individual to display the Service flag on residential property not be abridged.”
Status: This bill was referred to the House Committee on Financial Services.
- H.J. Res. 8
Title: “Proposing an amendment to the Constitution of the United States authorizing the Congress and the States to prohibit the act of desecration of the flag of the United States and to set criminal penalties for that act.”
Introduced in January 2009 by Rep. Jo Ann Emerson, R-Mo., this joint resolution proposes an amendment to the U.S. Constitution declaring that Congress and the states shall have power to prohibit desecration of the U.S. flag and to set criminal penalties for such act.
Status: The resolution was referred to the House Committee on the Judiciary. An identical joint resolution (S.J. Res. 2) sponsored by Sen. David Vitter, R-La., was read twice and referred to the Senate Judiciary Committee.
Political surveys
Health-insurance reform legislation
- H. Res. 847 — Title: Expressing the sense of the House of Representatives that any conference committee or other meetings held to determine the content of national health-care legislation be conducted in public under the watchful eye of the people of the United States.
As the debate in Congress over health-insurance reform heated up, C-SPAN sent a letter to congressional leaders on Dec. 30, 2009 urging them to open up for public viewing negotiations between the House and Senate on any compromise bill. Rep. Vern Buchanan, R-Fla., introduced legislation in support of open debate.
Status: On Jan 13, 2010, Rep. Buchanan filed a motion to discharge committee.
- According to a Washington Post report on amendments to the Senate health-insurance bill, Sen. Jon Kyl, R-Ariz., added an amendment (D-6, Modified 2): "An amendment to protect the First Amendment rights of health plans." Kyl was concerned that Medicare authorities had cracked down on Humana, a Medicare contractor, for sending out a letter to its Medicare recipients warning that health-care reform could harm "millions of seniors and disabled individuals."
A Los Angeles Times report cited an additional provision in the health-insurance bill that would require insurers to consider covering Christian Science prayer treatments as medical expenses. The provision inserted by Sen. Orrin Hatch, R-Utah, would put prayer treatments on the same footing as clinical medicine, and would prohibit discrimination against “religious and spiritual health care.”
Status: The House of Representatives passed its version of the health-insurance bill on Nov. 7 by a vote of 220-215. The Senate is still considering its version.
Civic education
Research sources consulted in the compilation of this summary include:
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