July 26th, 2002
By Paul M. Krawzak
Copley News Service
The House voted Friday to retain a provision in a homeland security
bill that critics said would make it easier for corporations to hide damaging
environmental information now available to the public.
The exemption to freedom of information laws is part of a proposal to
create a Department of Homeland Security that was being considered by the
House on Friday night.
The exemption's purpose is to encourage businesses to notify the government
of any vulnerabilities that might make their structures targets for terrorists.
The bill would exempt those disclosures from federal and state freedom
of information laws. Critics say that corporations could use the provision
to shield information about toxic wastes and other environmental hazards
by submitting it to the government under the guise of defending against
terrorists. They also believe existing freedom of information laws provide
sufficient protection for information relating to national security.
The provision would allow companies to "hide information critical to
protecting public safety such as chemical spills, the results of testing
to determine levels of air and water pollution, compliance records, maintenance
and reporting records," said Rep. Jan Schakowsky, D-Ill., who led an unsuccessful
effort to strip the public disclosure exemptions from the bill.
She said the legislation would turn the proposed Department of Homeland
Security into a "Department of Homeland Secrecy."
Defenders of the measure denied that it would harm the public's access
to critical information.
"If a businessman is worried and if his lawyers are worried that whatever
he voluntarily discloses will go straight into the public domain, then
he probably won't (disclose) it," said Rep. Dan Burton, R-Ind. "We're in
a war. We need to take steps that guarantee that those people will come
to us with that information."
Rep. Ralph Regula, R-Bethlehem Township, opposed Schakowsky's attempt
to remove the exemption.
"We're dealing with terrorists and dealing in an age when information
is freely circulated," he said. "When national security is involved you
have to have some limitations on disclosure."
Regula was skeptical that companies would use the exemption to hide
information about environmental threats they have created. "This doesn't
take away their responsibility under the environmental laws," he said.
While there is also exemption language in the Senate version of the
homeland security bill, the authority to shield information is broader
in the House version.
Not only does the House bill exempt "critical infrastructure information"
from freedom of information laws, it also creates penalties including a
maximum one-year jail term to punish federal employees who disclose protected
data.
The authors of the Senate version, including Sen. Bob Bennett, R-Utah,
say they wrote it with the objective of protecting public access under
freedom of information laws.
In the Senate bill, for instance, information that is currently subject
to public disclosure under federal laws "will remain available," according
to an analysis of the bill.
The Senate planned to take up its version of the homeland security bill
next week after the House voted on its version Friday night.
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