Joe Votes Against Two Important Sunshine Bills

Although Joe did vote for H.R. 1255, which amends the Presidential Records Act (http://www.opencongress.org/bill/110-h1255/show), he voted against H.R. 1309 (308 yay; 117 nay), which strengthens the Freedom of Information Act and H.R. 985 (331 yay; 94 nay), the Whistleblower Protection Enhancement Act of 2007. What is Joe afraid of being exposed -- is he afraid of getting sunburn from all the sunshine? Maybe he just needs some sunblock.

Summary text of these two bills follows:

H.R.985 - Whistleblower Protection Enhancement Act of 2007
To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections, and for other purposes.

Short: Whistleblower Protection Enhancement Act of 2007 as introduced.
2/12/2007--Introduced.Whistleblower Protection Enhancement Act of 2007 - Includes as a protected disclosure by a federal employee any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, abuse, gross mismanagement, or substantial and specific danger to public health or safety without restriction as to time, place, form, motive, context, or prior disclosure. Defines "disclosure" to mean a formal or informal communication, not including a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that the disclosure evidences: (1) any violation of law; or (2) mismanagement, waste, abuse of authority, or a danger to the public. Codifies the legal standard for determining whether a whistleblower has a reasonable belief that a disclosure evidences governmental waste, fraud, or abuse, or a violation of law. Includes under the definition of: (1) "personnel action" the implementation or enforcement of any nondisclosure policy, form, or agreement; and (2) "prohibited personnel practice" implementing or enforcing any nondisclosure policy, form, or agreement not containing a statement that it is consistent with specified provisions governing disclosures and conducting an investigation of an employee or applicant because of any protected activity. Authorizes the President to exclude certain agencies engaged in the conduct of foreign intelligence or counterintelligence activities from whistleblower protections if such exclusion is made prior to any personnel action against the whistleblower. Expands the authority of the Merit Systems Protection Board to impose disciplinary action for prohibited personnel practices. Requires a Government Accountability Office (GAO) study on security clearance revocations after 1996, claims in connection with such revocations, and resulting actions. Allows an employee, former employee, or applicant who seeks corrective action from the Merit Systems Protection Board with respect to an alleged prohibited personnel practice to bring action in federal district court for de novo review. Provides that an employee of a covered agency may not be discharged, demoted, or discriminated against as a reprisal for making a disclosure of covered information to an authorized Member of Congress, authorized executive official, or the Inspector General of the covered agency. Sets forth provisions concerning: (1) reprisal complaints; (2) determinations by the covered agency on whether the employee was subjected to a prohibited reprisal; and (3) re-initiation of procedures to restrict an employee's access to classified or sensitive information after a corrective action to restrict such access was voided. Entitles employees of executive agencies that are not covered agencies, for purposes of any disclosure of covered information which consists of classified or sensitive information, to the same protections, rights, and remedies under this Act as if those agencies were covered. Amends the Federal Property and Administrative Services Act of 1949 and Armed Forces procurement provisions to modify remedy and enforcement authority s relating to the protection of contractor employees from reprisal for disclosure of certain information. Makes certain prohibited personnel practices provisions applicable to the Transportation Security Administration (TSA). Includes within the meaning of "abuse of authority": (1) actions that compromise the validity of federally funded research or analysis; and (2) the dissemination of false or misleading scientific, medical, or technical information.

H.R.1309 - Freedom of Information Act Amendments of 2007
To promote openness in Government by strengthening section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), and for other purposes.

Short: Freedom of Information Act Amendments of 2007 as introduced.
3/5/2007--Introduced.Freedom of Information Act Amendments of 2007 - Amends the Freedom of Information Act (FOIA) to prohibit a federal agency from denying a requester status as a news media representative for purposes of determining FOIA request processing fees solely on the absence more...of institutional association. Requires an agency to consider the requester's prior publication history or stated intent to distribute information to a reasonably broad audience. Provides that, for purposes of recovery of attorney fees and other litigation costs under FOIA, a complainant has substantially prevailed if the complainant has obtained relief through either: (1) a judicial order, an administrative action, or an enforceable written agreement or consent decree; or (2) a voluntary or unilateral change in position by the opposing party in a case in which the complainant's claim or defense was not frivolous. Directs the Attorney General to notify the Special Counsel of and report to Congress on civil actions taken for arbitrary and capricious rejections of requests for agency records. Prohibits the tolling of the time limit within which agencies determine whether to comply with a request for records without the consent of the party filing the request. Requires agencies to establish systems to track requests. Adds requirements for reports by agencies to the Attorney General on such requests. Establishes the Office of Government Information Services in the National Archives to: (1) provide, as a non-exclusive alternative to litigation, guidance to FOIA requesters; (2) review policies and procedures by administrative agencies under FOIA; and (3) recommend to Congress and the President policy changes to improve FOIA's administration. Requires the: (1) Comptroller General to annually report on implementation of provisions for the protection of voluntarily shared critical infrastructure information; and (2) Office of Personnel Management to report on personnel policies related to FOIA. Declares that the government's policy is to release information in response to a request if such release is: (1) required by law; or (2) allowed by law and the agency does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption.