On the Issues
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PUBLIC'S RIGHT TO KNOW Senator Levin introduced a bill, S. 609, the Restore FOIA Act, to fix some of the problems created by the Homeland Security Act (HSA) with regard to the Freedom of Information Act (FOIA). FOIA is a key law that enables the public to request and receive vital information about the federal government. In the HSA, however, companies sought and received an exemption from the requirements of FOIA. Under the law, material furnished to the Department of Homeland Security and labeled “voluntarily submitted critical infrastructure information” cannot be disclosed or used by government officials or private citizens, except for certain very narrow purposes. Critical infrastructure includes many types of facilities and structures essential to the functioning of our government, including roads, telephone lines, computer networks, water treatment facilities, and chemical plants. The HSA seems to prohibit disclosure of critical infrastructure information even to enforce laws protecting public health and safety. The Restore FOIA legislation would narrow the term “critical infrastructure” by drawing from existing case law already tested in the courts and limiting the FOIA exemption to records relating to the vulnerability of the infrastructure to a terrorist threat. Restore FOIA would also permit federal agency oversight of FOIA requests; eliminate restrictions on the government’s use and sharing of records within the government; state that HSA does not preempt any state or local disclosure laws for information obtained outside of the Department of Homeland Security; maintain whistleblower protections for federal employees; and make it clear the HSA does not forbid the use of such information in civil court cases to hold companies accountable for wrongdoing. Senator Levin believes that the principles of open government and the public’s right to know are cornerstones of our democracy. Our country cannot sacrifice these principles in the name of protecting them. The Homeland Security Act was never intended to protect polluters or special interests from public scrutiny. This bill strikes a balance between security and openness. Related Reports: |
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