ALAWON: American Library Association Washington Office Newsline Volume 13, Number 37 June 14, 2004 In This Issue: URGENT: Please Contact Members About SAFE Act! We are writing to ask you to call your Member of Congress if she or he is on the list of conferees a the end of this message. The conference committee will meet this week, so immediate action is needed. An access-to-information issue has arisen quite rapidly in the past week. Sections 3029 and 4439 of the Senate version of in the "Safe, Accountable, Flexible and Efficient (SAFE) Act of 2004" (HR 3550) (which authorizes funds for federal highways ,highway safety programs and transit programs) deal with the ability of the public to obtain access information related to transportation safety, facilities and infrastructure through FOIA. Each section would greatly affect the public's ability to participate in homeland security. The bills have passed both the House and Senate -- with differences. HR 3550 is currently in conference committee, meaning final changes are being negotiated this week. In order to get these provisions removed, we must act quickly. Background Section 3029, introduced by Senator James Inhofe (R-OK), exists in the Senate version, but not the House version of HR 3550. It is the more extensive provision of the bill, expanding the definition of "Sensitive Security Information" ("SSI") that can be withheld from public access through FOIA. Currently, SSI is defined as information that would: * Be an unwarranted invasion of personal privacy * Reveal a trade secret or privileged or confidential commercial or financial information * Be detrimental to the safety of passengers in transportation Section 3029 would add the following language: transportation facilities or infrastructure, or transportation employees This would significantly broaden the definition of SSI and, thus, the amount of information that can be withheld from the public. In fact, the definition would become so broad as to allow the Transportation Security Administration to declare virtually any record in its possession as "detrimental to the transportation infrastructure". The public would not be able to find out the reasons for any major action by the TSA or its field offices, such as the shut-downs of airports, highways, bridges, etc -- whether through a real or perceived threat. In addition, the bill states that "A State or local government may not enact, enforce, prescribe, issue or continue in effect any law, regulation, standard, or order to the extent it is inconsistent with this section or regulations prescribed under this section." That means that State and local governments are pre-empted from releasing and, to some extent, utilizing information regarding the transportation infrastructure or facilities. Local communities, therefore, would have little ability to participate in their own protection because they would have no knowledge of any dangers on local roadways, airports, seaports or other transportation facilities. As these changes are being made, the bill fails to provide any guidelines as to when information might be appropriately released, either generally or in time of emergency. Section 4439 of HR 3550 is also only in the Senate version. It creates a subset of SSI related only to hazardous material and states that the TSA can only reveal information regarding the vulnerability of hazardous materials in very limited situations. This information can only be given to: * The owner, custodian, offeror, or carrier of such hazardous material; * An officer, employee, or agent of the United States Government, or a State or local government, including volunteer fire departments, concerned with carrying out transportation safety laws, protecting hazardous material in the course of transportation in commerce, protecting public safety or national security, or enforcing Federal law designed to protect public health or the environment; or * In an administrative or judicial proceeding brought under this chapter, under other Federal law intended to protect public health or the environment, or under other Federal law intended to address terrorist actions or threats of terrorist actions. Again, this means that very important information will be withheld from the public. ACTION REQUESTED The conferees from each chamber have been named. The committee is scheduled to meet this week. Ask your Member to vote against Sections 3029 and 4439 of the Senate version of in the "Safe, Accountable, Flexible and Efficient (SAFE) Act of 2004" (HR 3550). An authorization bill is not the appropriate venue for such legislation. There have been no hearings held on these restrictions on public access to government information and a full discussion needs to occur. SENATE James Inhofe (R-OK) John Warner (R-VA) Kit Bond (R-CT) George Voinovich (R-OH) Charles Grassley (R-IA) Orrin Hatch (R-UT) Don Nickles (R-OK) Trent Lott (R-MS) Richard Shelby (R-AL) John McCain (R-MS) Mitch McConnell (R-KY) Jim Jeffords (I-VT) Harry Reid (D-NV) Bob Graham (D-FL) Joseph Lieberman (D-CT) Barbara Boxer (D-CA) Tom Daschle (D-SD) Earnest Hollings (D-SC) Paul Sarbanes (D-MD) Max Baucus (D-MT) Kent Conrad (D-ND) HOUSE Don Young (R-AK) Thomas Petri (R-WI) Sherwood Boehlert (R-NY) Howard Coble (R-NC) John Duncan (R-TN) John Mica (R-FL) Pete Hoekstra (R-MI) Vernon Ehlers (R-MI) Spenser Bachus (R-AL) Steven LaTourette (R-OH) Gary Miller (R-CA) Dennis Rehberg (R-MT) Bob Beauprez (R-CA) Jim Oberstar (D-MN) Nick Rahall (D-WV) William Lipinski (D-IL) Peter DeFazio (D-OR) Jerry Costello (D-IL) Eleanor Holmes Norton (D-DC) Jerry Nadler (D-NY) Bob Menendez (D-NJ) Corrine Brown (D-FL) Bob Filner (D-CA) Eddie Bernice Johnson (D-CA) ****** ALAWON (ISSN 1069-7799) is a free, irregular publication of the American Library Association Washington Office. 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