Legislative Update

U.S. Senators Lugar, Dodd introduce Free Flow of Information Act

Senators Lugar and Chris Dodd (D-CT) recently introduced the Free Flow of Information Act, which seeks to protect the public's right to information through a free press. Senators Graham, Domenici, and Landrieu joined as original cosponsors. This legislation provides journalists with certain rights and abilities to seek sources and report appropriate information without fear of intimidation or imprisonment. U.S. Reps. Rick Boucher (D-VA) and Mike Pence (R-IN) introduced identical legislation in the House of Representatives.

"This legislation confirms America's Constitutional commitment to press freedom and advances our foreign policy initiatives to promote and protect democracy," Senator Lugar said. "We must lead by example and the role of the media as a conduit between government and the citizens it serves cannot be devalued."

The bill would set national standards that must be met before a federal entity may issue a subpoena to a member of the news media in any federal criminal or civil case. It would set out certain tests that civil litigants or prosecutors must meet before they can force a journalist to turn over information. For example, litigants or prosecutors must show, that they have tried unsuccessfully to get the information in other ways and that the information is essential to the case. These standards were based on Justice Department guidelines and common law standards.

Additional protections are included to ensure that information will be disclosed in cases where the information is critical to prevent death or bodily harm or in cases that relate to the unlawful disclosure of trade secrets. The bill would permit a reporter to be compelled to reveal source information when disclosure is necessary to prevent imminent and actual harm to national security. Finally, the bill would provide protections to ensure that source information can be provided when personal health records and financial records were disclosed in violation of federal law.

By providing the courts with a framework for compelled disclosure, the legislation would promote greater transparency of government, maintain the ability of the courts to operate effectively and protect whistleblowers who identify government or corporate misdeeds.

Senate Passes Legislation to Increase Iraqi and Afghan Translator Visas

On May 24, the U.S. Senate unanimously approved S. 1104, a measure that will increase the number of special immigrant visas allotted to Iraqi and Afghan nationals who have served for at least a year as an interpreter or translator for the U.S. Armed Forces or embassies in Iraq and Afghanistan.  Senator Lugar originally introduced the measure in the Senate with Senator Ted Kennedy (D-MA).  The House of Representatives passed the same language and the bill now heads to the President.

Because of their service to the United States, many interpreters and translators are in mortal danger in Iraq and Afghanistan.  Under the current program, only 50 translators per year could be admitted, and there is a 10 year backlog.  The measure passed last night authorizes 500 visas per year for fiscal years 2007 and 2008.  It also authorizes the State Department to recommend interpreters for admission to the U.S.

“Foreign nationals who are willing to risk their lives to support our efforts in Iraq and Afghanistan deserve recognition,” Senator Lugar said. “I was originally alerted to the need for this legislation last July when members of the Indiana National Guard contacted me about the brave interpreters with whom they had worked.  I then wrote to the Secretary of State about the issue, encouraging her to develop a policy to address these various situations.”

“Our military personnel, aid workers and diplomats would be unable to function without these interpreters at their sides.  They deserve the special recognition this legislation allows and many need the safety it will provide for them and their families.”

“In addition, I was pleased to learn that the Department of Homeland Security and the Department of State have worked out the necessary security protocols and procedures that will enable these individuals to come to the United States and that the Department of State is expanding its offices in Jordan and Syria to process cases.  Those new procedures and offices are necessary to process applicants who have proven remarkable in their service to the U.S. mission,” Senator Lugar added.

Lugar, Dodd Resolution Denounces Closure of Independent Venezuelan TV Station

On May 24, the Senate Foreign Relations Committee approved S. Res. 211, a resolution expressing the profound concerns of the Senate regarding the transgression against freedom of thought and expression that is being carried out in Venezuela.   On May 27, the Government of Venezuela denied a broadcast license renewal to its national television station, Radio Caracas Televison (RCTV) despite assertions by RCTV owners that their license does not expire until 2017.  This is widely viewed by U.S. officials, the Secretary General of the Organization of American States (OAS), independent press, and political observers as a threat to freedom of expression and democracy. 

The resolution introduced by Senators Lugar and Dodd strongly encourages the OAS to respond appropriately.

"This bipartisan resolution shows that the United States shares the concern about the deterioration of democracy in Venezuela," said Senator Lugar.

Cosponsors of the bill include Sens. Joe Biden (D-DE),  Hilary Clinton (D-NY), Norm Coleman (R-MN), Chuck Hagel (R-NE), Johnny Isakson (R-GA), Ted Kennedy (D-MA), John McCain (R-AZ), Mel Martinez (R-FL), Bill Nelson (D-FL), Barack Obama (D-DL), and John Sununu (R-NH).