HOUSE PANEL DROPS INDUSTRY FOIA EXEMPTION FROM SECURITY BILL
Proposed exemption from Freedom of Information Act (FOIA) disclosures of critical infrastructure-related data was dropped from homeland security bill (HR-5005) marked up Thurs. by House Commerce Committee. White House-initiated plan to create cabinet-level Dept. of Homeland Security (DHS) includes language that would prevent public release of network vulnerability data submitted voluntarily by industry, move that’s backed by Internet and telecom interests and has gained momentum in Congress. However, Chmn. Tauzin (R-La.), who also advocates creation of narrowly crafted FOIA exemption for threat data shared with govt., said any changes in FOIA “must protect the purposes” of existing disclosure laws.
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Although panel by voice vote approved bill without FOIA provision, issue isn’t dead. Tauzin said “the Administration is working with the House” on plan to insert modified FOIA language into legislation when it reached House floor. He said final version of HR-5005 must prevent potential terrorists from accessing “road maps” of communications infrastructure, while balancing rights of citizens to have access to data. Similarly, recently formed House Select Committee on Homeland Security will have final say on what language goes to floor, regardless of what’s proposed -- or isn’t proposed -- by numerous committees of jurisdiction.
Electronic Privacy Information Center (EPIC) Gen. Counsel David Sobel said Committee’s decision not to include FOIA language was significant development, particularly since committee in past generally had pushed for such wording. He said: “The fact that they did not feel compelled to include the provision suggests that there is a real concern about potential problems that the exemption could create.”
Sobel earlier this week (WID July 10 p3), testifying before committee on bill, had urged rejection of expanded exemptions from FOIA. He said recent revelations of pervasive industry secrecy and falsification of financial data should give Congress pause on giving companies additional means of hiding information. EPIC and coalition of other FOIA advocates intended Thurs. to distribute letter to all members of Congress reiterating those concerns, Sobel said.
RTNDA and other journalism groups separately sent letter July 10 to House and Senate members urging rejection of FOIA provision. They said: “The sweeping nature of this FOIA exemption invites companies to give the government information that could affect public health and safety, and by doing so automatically keep the public from getting such information. The public’s interest is hardly served by such secrecy.”
House Govt. Reform Committee also was debating homeland security bill at our deadline. The bill under consideration there did not include FOIA exemption, move opposed by Technology Subcommittee Chmn. Davis (R-Va.). He and Rep. Moran (D-Va.) previously had crafted what he called “narrowly-tailored” FOIA exemption based on work with Justice Dept. in response to issuance by former President Bill Clinton of Presidential Decision Directive (PDD) 63 on critical infrastructure protection. Davis also attempted in legislation to protect companies from antitrust concerns when sharing security information among themselves. “I hope that my colleagues will work with me to ensure that we truly establish a framework that promotes voluntary information sharing with the private sector,” he said at committee markup.
Meanwhile, Administration sent several Cabinet members to Capitol Hill to pitch new agency and President’s plan for it. In prepared remarks before House Select Committee on Homeland Security, chaired by House Majority Leader Armey (R- Tex.) with ranking Democrat being Minority Whip Pelosi (Cal.), Attorney Gen. John Ashcroft backed moving analysis and training functions of FBI’s National Infrastructure Protection Center (NIPC) to new department. He also said reorganization would lead to better intelligence gathering and analysis by FBI and increased coordination with CIA: “The results of this enhanced analysis and cooperation will be shared fully with the Department of Homeland Security.”