ALAWON: American Library Association Washington Office Newsline Volume 13, Number 63 September 14, 2004 In This Issue: Message to Congress: Drop Proposed Broad FOIA Exemption The Senate has approved a provision in the National Defense Authorization Act for Fiscal Year 2005 that adds a new exemption under the Freedom of Information Act (FOIA). This exemption would restrict public access to unclassified satellite images and related data, such as maps, reports and analysis. Even if government officials felt that the public should have access to the information under FOIA, the provision prohibits disclosure. This completely bars the public from accessing commercial satellite images. This broad exclusion would threaten significant amounts of unclassified data that journalists, public interest groups, scientists, and the public routinely use. The proposed legislation raises many questions of significant import to the scientific and environmental communities, to regulatory decision making, and to the public in a wide variety of ways, including weather and storm tracking. It should not be made on the basis of one agency's request without an opportunity to fully explore the impact on others. We believe the many questions raised by the proposed statutory language need to be addressed in a more deliberate manner, and that restricting access through FOIA is not the appropriate means for addressing DOD's concerns or these questions. A careful consideration would permit decisions involving access to critical and irreplaceable information to be carefully worked out, with recognition of all of the interests involved. The Senate has already approved the measure and it is now incorporated into H.R. 4200 as an amendment. H.R. 4200 is currently in House-Senate conference. Please write to or call conferees and ask that they defer this amendment and that Congress delay action on this measure for a reasonable amount of time while it obtains a full impact assessment. Use ALA's Washington Office Legislative Action Center at to identify and fax your Members of Congress in both the House and the Senate. You can also call your Member of Congress directly using the U.S. Capitol switchboard at: (202) 224-3121. Talking Points: Urge House and Senate conferees to drop the Freedom of Information Act (FOIA) exemption for land remote sensing data that is contained in Section 1034 of the National Defense Authorization Act for FY 2005 (S. 2400) There have been no hearings or consultation with communities, including health and scientific, that will be affected by this amendment. Section 1034 would exempt from the FOIA "data that are collected by land remote sensing and are prohibited from sale to customers other than the United States and its affiliated users under the Land Remote Sensing Policy Act of 1992." Even if the government did want to release the information, it would be prohibited. Important non-confidential commercial satellite imagery, which the government has purchased, would be exempt from disclosure to the public. The exemption would also apply to "any... other product that is derived from such data." Thus, maps, reports, and any other non-classified government analyses or communications that are in some way "derived from" a commercial satellite image would become inaccessible through FOIA. The legislation would preempt state and local laws mandating disclosure by a state or local government. Again, this would extend to all imagery or imagery-derived information, including that used by state or local governments in regulatory proceedings or other related mandated activities. The impact of Section 1034 could be broad. The government and the public increasingly rely on satellite imagery and advanced mapping technologies. For example, remote imagery is increasingly used in land use planning, identifying hazardous chemicals in our communities, and understanding patterns of criminal activity. The news media increasingly uses computer-assisted tools to gather, distill, and report the news. Restrictions on access to this type of information and the products derived from this data likely would hurt news reporting and the public's ability to understand problems facing our communities and to find adequate solutions. Without access to this information, the public is unable to effectively participate in governmental activities that affect their daily lives. The Freedom of Information Act is intended to be a tool for protecting and enhancing the public's access to their government. Exemptions to it should only occur after wide public consultation and discussion, which has not occurred with this provision. Contacts: Senate Armed Services Committee REPUBLICANS John Warner (Virginia) Chairman John McCain (Arizona) James M. Inhofe (Oklahoma) Pat Roberts (Kansas) Wayne Allard (Colorado) Jeff Sessions (Alabama) Susan M. Collins (Maine) John Ensign (Nevada) James M. Talent (Missouri) Saxby Chambliss (Georgia) Lindsey O. Graham (South Carolina) Elizabeth Dole (North Carolina) John Cornyn (Texas) DEMOCRATS Carl Levin (Michigan) Ranking Member Edward M. Kennedy (Massachusetts) Robert C. Byrd (West Virginia) Joseph I. Lieberman (Connecticut) Jack Reed (Rhode Island) Daniel K. Akaka (Hawaii) Bill Nelson (Florida) E. Benjamin Nelson (Nebraska) Mark Dayton (Minnesota) Evan Bayh (Indiana) Hillary Rodham Clinton (New York) Mark Pryor (Arkansas) House Armed Services Committee REPUBLICANS Duncan Hunter, California, Chairman Curt Weldon, Pennsylvania Joel Hefley, Colorado Jim Saxton, New Jersey John M. McHugh, New York Terry Everett, Alabama Roscoe G. Bartlett, Maryland Howard P. "Buck" McKeon, California Mac Thornberry, Texas John N. Hostettler, Indiana Walter B. Jones, North Carolina Jim Ryun, Kansas Jim Gibbons, Nevada Robin Hayes, North Carolina Heather Wilson, New Mexico Ken Calvert, California Rob Simmons, Connecticut Jo Ann Davis, Virginia Ed Schrock, Virginia W. Todd Akin, Missouri J. Randy Forbes, Virginia Jeff Miller, Florida Joe Wilson, South Carolina Frank A. LoBiondo, New Jersey Tom Cole, Oklahoma Jeb Bradley, New Hampshire Rob Bishop, Utah Michael Turner, Ohio John Kline, Minnesota Candice S. Miller, Michigan Phil Gingrey, Georgia Mike Rogers, Alabama Trent Franks, Arizona DEMOCRATS Ike Skelton, Missouri, Ranking Member John Spratt, South Carolina Solomon P. Ortiz, Texas Lane Evans, Illinois Gene Taylor, Mississippi Neil Abercrombie, Hawaii Marty Meehan, Massachusetts Silvestre Reyes, Texas Vic Snyder, Arkansas Jim Turner, Texas Adam Smith, Washington Loretta Sanchez, California Mike McIntyre, North Carolina Ciro D. Rodriguez, Texas Ellen O. Tauscher, California Robert A. Brady, Pennsylvania Baron P. Hill, Indiana John B. Larson, Connecticut Susan A. Davis, California James R. Langevin, Rhode Island Steve Israel, New York Rick Larsen, Washington Jim Cooper, Tennessee Jim Marshall, Georgia Kendrick B. Meek, Florida Madeleine Z. Bordallo, Guam Tim Ryan, Ohio Charles Stenholm, Texas ****** ALAWON (ISSN 1069-7799) is a free, irregular publication of the American Library Association Washington Office. 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