A. HOUSE DEBATE AND VOTE, MARCH 14, 1974; PROVIDING FOR CONSIDERATION OF H.R. 12471, FREEDOM OF INFORMATION ACT AMENDMENTS Mr. MATSUNAGA. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 977 and ask for its immediate consideration. The Clerk read the resolution, as follows: H. RES. 977 Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 12471) to amend section 552 of title 5, United States Code, known as the Freedom of Information Act. After general debate, which shall be confined to the bill and shall continue not to exceed one hour, to be equally divided and controlled by the chairman and ranking minority member of the Committee on Government Operations, the bill shall be read for amendment under the five-minute rule. At the conclusion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit. The SPEAKER. The gentleman from Hawaii (Mr. Matsunaga), is recognized for 1 hour. Mr. MATSUNAGA. Mr. Speaker, I yield 30 minutes to the gentleman from California, Mr. Del Clawson, pending which I yield myself such time as I may consume. (Mr. Matsunaga asked and was given permission to revise and extend his remarks.) Mr. MATSUNAGA. Mr. Speaker, House Resolution 977 provides for consideration of H.R. 12471, which, as reported by our Committee on Government Operations, would strengthen the procedural aspects of the Freedom of Information Act by amendments to that act. The major amendments would accomplish the following: First, clarify language in the act regarding the authority of the courts, relative to their de novo determination of the matter, to examine the content of records alleged to be exempt from disclosure under any of the exemptions in section 552(b) of the code: second, amend language pertaining to national defense and foreign policy matters, in order to bring that exemption within the scope of matters subject to an in camera review; and third, add a new section to the act to provide for mechanism to strengthen congressional oversight in the administration of the act by requiring annual reports to House and Senate committees on requests and denials of requests for information. Mr. Speaker, House Resolution 977 provides for 1 hour of general debate, to be equally divided and controlled by the chairman and ranking minority member of the Committee on Government Operations, after which the bill would be read for amendment under the 5-minute rule. At the conclusion of the consideration of the bill for amendment, the committee would rise and report the bill to the House with such amendments as may have been adopted. The previous question shall then be considered as ordered on the bill and amendments thereto to final passage, without any intervening motion except one motion to recommit. The committee report estimates that costs required by the bill should not exceed $50,000 in fiscal year 1974 and $100,000 for each of the succeeding five fiscal years. Mr. Speaker, H.R. 12471 represents the first changes recommended to the Freedom of Information Act since that landmark law was enacted by this Congress in 1966. The changes and clarifications proposed in this bill are modifications recommended by a unanimous vote of the Government Operations Committee. Its members in their wisdom have clearly determined that a pressing need exists to lift the secrecy which continues to shroud our Federal agencies. The aim of this measure is to correct the dangerous inadequacies revealed by thorough investigative hearings conducted by the committee's Foreign Operations and Government Information Subcommittee during 1972, as well as through frustrating personal experiences of many in this hall in their dealings with Federal agencies. Many of the proposed amendments are procedural in nature yet crucial to the intended purposes of the act. The amendments would improve the currently confusing and inadequate indexes of information now available in some agencies. It would correct the procedures for identification of records required by the act. It would require prompt agency responses to requests and provide for reasonable legal cost incurred by aggrieved plaintiffs who are refused mandated agency action on their legitimate requests. This provision would help cover their actions in Federal court to compel uncooperative agencies to release information which properly should be open to public inspection. There are three more substantive provisions in the bill which warrant our full deliberation. One provision would clarify existing language regarding the authority of the courts to examine the content of agency records alleged by their custodians to be exempt from disclosure under section 552(b) of the code. Another provision would permit in camera review by the courts of matters pertaining to national defense and foreign policy, as defined by criteria established by Executive order. This will permit such matters to be included with the existing provision in the act which currently allow in camera review in nine delineated areas. I refer to section 552(b) of the code. The third major provision would strengthen the mechanism for congressional oversight in the administering of the act. This amendment would require the filing of annual reports by the agencies to House and Senate committees. These reports would delineate statistical data and other information on denials of requests under the act, administrative appeals of denials, rules promulgated by the agencies, and fee schedules and funds collected for searches and reproduction of requested information. Mr. Speaker, the purpose of this bill is to insure that the people's right to know what their Government is doing will be protected and that their access to legitimate information will be unimpeded. The Freedom of Information Act was intended to help make the democratic process work by assuring that the conduct of Government in our republic would remain open for all to view, except where genuine national security and foreign policy concerns would be jeopardized. The intent was, and is, to assure that our people will remain an informed and enlightened citizenry. Experience has taught us, however, that the scope of this legitimate shield which was provided by the act could be stretched to suit particular partisan or personal purposes. It could be extended to veil matters unfavorable to the custodian agency or embarrassing to the officials therein. What this bill would do is require those agencies which have resisted proper public scrutiny to produce to a Federal judge valid reasons based on compelling national security and foreign policy interests explaining why the American people should not know of the agency's activities or policies. All of this would be done in the strictest secrecy in the closed chambers of a Federal judge. Those agencies which claim the need for secrecy will have their confidentiality safeguarded, unless, of course, the court finds their claim unreasonable. The public, including the press and the Congress, will be assured that the determination of what should be kept secret will be decided by an impartial party, not by the whim of an overly protective bureaucrat or agency official who may, under the present law, cast the cloak of national security over every detail of agency business. The bill, in brief, provides for the fullest measure of protection for legitimate Government secrets while allowing for disclosure of that which the public is entitled to know. Mr. Speaker, as a cosponsor of this measure and of the original act, I firmly believe that this bill, the product of months of intensive investigation and review by the respected members of the Government Operations Committee, offers a sensible and workable compromise between the requirements of a democratic Government and the appropriate needs of Government and national security. I congratulate the most distinguished chairman of the committee, my dear friend and colleague from California, Chet Holifield, and the hard-working principal sponsor of this bill, my respected colleague, Bill Moorhead, for their reasoned approach to this vital legislation. Mr. Speaker, I urge the adoption of House Resolution 977 in order that H.R. 12471 may be considered and passed overwhelmingly. Mr. DEL CLAWSON. Mr. Speaker, I yield myself such time as I may consume. (Mr. Del Clawson asked and was given permission to revise and extend his remarks.) Mr. DEL CLAWSON. Mr. Speaker, the gentleman from Hawaii (Mr. Matsunaga) has explained the bill thoroughly, also the resolution, but let me just summarize very quickly: Mr. Speaker, House Resolution 977 is the rule providing for consideration of H.R. 12471, the Freedom of Information Act Amendments. This is an open rule with 1 hour of general debate. The purpose of H.R. 12471 is to provide easier access to Government documents for the public. The bill sets rigid time limits on the agencies for responding to information requests, shortens substantially the time for the Govern ment to file its pleadings in Information Act suits, and authorizes the award of attorney's fees to successful plaintiffs in such suits. In addition, each agency is required to submit an annual report to Congress evaluating its performance in administering the act and "agency" is defined to include the Executive Office of the President. The committee report estimates the cost of this bill at $50,000 for the remainder of fiscal year 1974, and $100,000 for each of the succeeding five fiscal years. Mr. Speaker, I urge the adoption of this rule in order that the House may begin debate on H.R. 12471. Mr. Speaker, I have no requests for time, and I reserve the balance of my time. Mr. MATSUNAGA. Mr. Speaker, I have no requests for time. Mr. Speaker, I move the previous question on the resolution. The resolution was agreed to. A motion to reconsider was laid on the table. GENERAL LEAVE Mr. MOORHEAD of Pennsylvania. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill that we are about to consider, H.R. 12471 (to amend the Freedom of Information Act). The SPEAKER. Is there objection to the request of the gentleman from Pennsylvania? There was no objection. FREEDOM OF INFORMATION ACT AMENDMENTS Mr. MOORHEAD of Pennsylvania. Mr. Speaker, I move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 12471) to amend section 552 of title 5, United States Code, known as the Freedom of Information Act. The SPEAKER. The question is on the motion offered by the gentleman from Pennsylvania (Mr. Moorhead). The motion was agreed to. IN THE COMMITTEE OF THE WHOLE Accordingly the House resolved itself into the Committee of the Whole House on the State of the Union for the consideration of the bill H.R. 12471, with Mr. Eckhardt in the chair. The Clerk read the title of the bill. By unanimous consent, the first reading of the bill was dispensed with. The CHAIRMAN. Under the rule, the gentleman from Pennsylvania (Mr. Moorhead) will be recognized for 30 minutes, and the gentleman from Illinois (Mr. Erlenborn) will be recognized for 30 minutes. The Chair recognizes the gentleman from Pennsylvania (Mr. Moorhead). |