13640 CONGRESSIONAL RECORD - HOUSE June 20, 1966
CLARIFYING AND PROTECTING THE RIGHT OF THE PUBLIC TO INFOR MATION Mr. MOSS. Mr. Speaker, I move to suspend the rules and pass the bill (S. 1160) to amend section 3 of the AdminiS trative Procedure Act. chapter 324 of the act of June 11, 1946 (60 Stat. 238). to clarify and protect the right of the pub lic to information. and for other purpoSes. The Clerk read as follows: Be it enacted by the Senate and House 01 Representa.tives 01 the United States 01 America in Congress assembled, That sectl~~ 3, chapter 324, of the Act of June 11, 1946 ( . Stat. 238), Is amended to read as follOWS; "SEC. 3. Every agency shaD make availabl to the publlc the following information: 5 H(a) PUBLICATION IN THE FEDERAL REGI If TEIl.-Every agency shall separately s~ate e;;,i cUlTently publlsb In the Federal Reglster the guIdance of the public (A) descriptlo~ of Its central and field organization an'h~Jll established places at which, the officers bIle whom, and the methods wbereby, the pU June 20, 1966 CONGRESSIONAL RECORD - HOUSE 13641 , tIlfJ.Y secure Information, make submittals or court as authorized by this subsection shall which protects them against arbitrary or requests, or obtaIn decisIons; (B) statements take precedence on the docket over all other capricious denials. of the general course and method by which causes and shall be assigned for hearing and Its fUnctions are channeled and determined, trial at the earUest practieable date and ex Mr. Speaker, let me reassure those few InclUding the nature and requirements of all pedited In every way. who may have doubts as to the wisdom formal and Informal procedures avaUable; "(d) AOENCY PRoCEEIlINGs.-Every agency of this legislation that the committee (01 rules of procedure, descriptions of forms having more than one member shall keep a has, with the utmost sense of responsi IIvailable or the places at which forms may record of the final votes of each member In bility, attempted to achieve a balance be obtained, and instructiOns as to the scope every agency proceeding and such record between a public need to know and a j!.lld contents of all papers, reports, or eXaIn shall be available for public Inspection. necessary l'e.3traint acee"" to in matlons; (D) substantive rules of general "(e) EXEMPTIoNs.-The prov1eions of this The f>pplicablllty adopted as authorized by law, section shall not be appUcable to matters formation in specifiC bill a.nd statements of general policy or Interpre that are (1) specifically required by Execu E;;ts nine categories of Federal docu tations of general appl1cab1l1ty formulated tive order to be kept secret In the Interest ments which may be withheld to protect $nd adopted by the agency; and (E) every of the national defense or foreign policy; (2) the national security or permit effective $lllendment, revision, or repeal of the fore related solely to the Internal personnel rule, operation of the Government but the going. Except to the extent that a person and practices of any agency; (3) specifically burden of proof to justify withholding is bas actual and timely notice of the terms exempted from disclosure by statute; (4) put upon the Federal thereof, no pereon shall In any manner be trade secrets and commercial or financial in required to resort to, or be adversely affected That i~ a n?asonabll'! for the formation obtained from any person and Government to bear. It is my hope that bY any matter required to be pUblished In privileged or confidential; (5) inter-agency the Federal Register and not so published. or Intra-agency memorandums or letters this fact, in itself. will be a moderating For purposes of this subsection, matter which which would not be available by law to a influence on those omcials who, on occa Is reasonably available to the class of persons private party In litigation with the agency; sion, have an almost proprietary atti affected thereby shall be deemed published (6) personnel and medical flies and slmllar tude toward their own niche in Govern In the Federal Register when Incorporated flIes the disclosure of which would consti ment. bY reference therein with the approval of tute a clearly unwarranted Invasion of per Mr. Speaker, I must confess to dis the Director of the Federal RegIster. sonal privacy; (7) Investigatory flies com quiet at efforts whicb have been made "(b) AGENCY OPINIONS AND ORDERS.-Every piled for law enforcement purposes except to agency shall. In accordance with published the extent avallable by law to a private party; to paint the Government information rules, make available for public InspectIon (8) contained In or related to exaInlnatlon, problems which we hope to correct here and copying (AI all final opinions (including operating, or condition reports prepared by, today in the gaudy colors of partisan concurring and d1a.senting opinions) and all on behalf of, or for the use of any agency politics. Let me now enter a firm and orders made in the adjudication of cases, (B) responsible for the regulation or supervision unequivocal denial that that is the case. those statements of policy and Interpreta of financial Institutions; and (9) geOlogical Government iniormation problems are tions Which have been adopted by the agency and geophysical information and data (In political problems--bipartisan or non and are not pubUshed in the Federal Regis cluding maps) concerning wells. partisan, public problems, political prob ter, and (C) administrative staff manuals and "(f) LIMrrATloN OJ' EXEMPTIONB.-Nothlng Instructions to staff that affect any member In this sectlon authorizes withholding of In lems but not partisan problems. of the public, unless such materials are formation or. limiting the availability of rec In asBunling the chairmanship of the promptly published and copies offered for ords to the public except as specifically stated Special Government Information Sub sale. To the extent required to prevent a In this section, nor shall this section be au committee 11 years ago .. I strongly em clearly unwarranted Invasion of personal thority to withhold Information from Con phasized the fact that the problems of privacy, an agency may delete Identifying de gress. concern to us did not start witb the tsUs when It makes avaUable or publishes "(g) PRrvATE PARTY.-As used In this sec Eisenhower administration then in !Ill opinion, statement of policy, Interpreta tion, 'private party' means any party other power nor would they end with that ad tion, or staff manual or Instruction; Pro than an agency. ministration. At a convention of the vided, That In every case the justification for "(h) EFJ'ECTIVI!! DATE.-Thls amendment American Society of Newspaper Editors tlle deletion must be fully explained In shall become effective one year following the writing. Every agency also shall maintain date of the enactment of this Act." some 10 years ago, I said: and make available for publlc Inspection and The problem I have dealt with Is_ one copying a current Index providing Identify The SPEAKER. Is a second demand which has been witll us since the very first Ing Information for the public as to any ed? administration. It Is not partisan, It Is poli matter Which Is Issued, adopted, or promu1~ Mr. REID of New York. Mr. Speaker, tical only In the sense that any activity of gated after the effective date of this Act and government Is, of necessity, political ..• Which Is required by this subsection to be I demand a second. No one party started the trend to secrecy made available or published. No final order, The SPEAKER. Without objection, a In the Federal Government. This Is a prob opinion, statement of policy, Interpretation. second wlll be considered as ordered. lem which will go with you and the Amer or stat!' manual or Instruction that affects There was no objection. Ican people as long as we have a represent any member Of the public may be relled upon, Mr. MOSS. I yield myself such time ative government. used or cited as precedent by an agency against any private party unless It has.been as I may consume. Let me emphasize today that the Gov- indexed and either made available or pub Mr. Speaker, our system of government ernment iniormation problems did not Ushed as provided by this subsection or unless is based on the partiCipation of tbe gov start with President Lyndon Johnson. I that private party shall have actual and erned, and as our population grows in hope, with his cooperation following our timely notice of the terms thereof. numbers it Is essential that it also grow action bere today, that they will be "(C) AGENCY RECORDs.-Except with re in knowledge and understanding. We diminished. I am not so naive as to be~ spect to tlle rscords made available pursuant lieve they will cease to exist. to subsections (a) and (b), every agency , must remove every barrier to informa shall, upon request for Identifiable records tion about-a.nd understanding of-Gov I bave read stories that President made In accordance with pUblished rules ernment activities consistent with our Johnson is opposed to this legislation. stating the time, place, fees to the extent au security if tbe American publ1c is to be I have not been so informed, and I would tllorlzed by statute and procedure to be fol adequately equipped to fulflll the ever be doing a great disservice to the Presi lOWed, make such records promptly available more demanding role of responsible citi dent and his able assistants if I failed to any person. Upon complaint, the district zenship. to acknowledge the excellent cooperation court of the United States in the district In I bave received from several of his as Which the complainant resides, or has his S. 1160 is a bill wbicb will accomplish principal place of business, or In which the that objective by sboring up tbe public sociates in the WbJte House. agency records are situated shall have juris right of access to the facts of govern I am pleased to report the fact of that diction to enjoin the agency from the wlth ment and, inherently, providing easier cooperation to the House today. It is ~oldlng of agency recol(l~ and to order the access to the omcials clothed with gov especially important when we recognize produftion of any "gency records improperly ernmental responsib1l1ty. S. 1160 will how very sensitive to the institution of withheld from the complainant. In SUch ,grant any person tbe right of access to the presidency some of tbese information cases the court shall determine the matter omcial records of the Federal Govern questions are. Despite tbis, I can say to de novo and the burden shall be upon the you that no cbairman could have re agency to sustain Its action. In the event ment, and, most 1roportant, by far the of noncompliance with the court's order. the most 1roportant, is the fact that this bill ceived greater cooperation. district court may punish the responsible of provides for judicial review of the Te We do have preSSing and lmportant fleers for contempt. Except as to those fusal of access and tbe withholding of Government iniormation problems, and causes which the court deems of greater Im information. It is tbis device whicb ex I believe tbeir solution is vital to tbe fu portance, proceedings before the district; pands tbe rights of the citizens and ture of democracy in tbe United states. 13642 CONGRESSIONAL RECORD - HOUSE June 20, 1966 The individual instances of govern a recognition of the basic right of any the subcommittee; Congressman OG mental withholding of informat:on are person-not just those special classes R. REID, of New York; Congressman D I)~ not dramatic, Again, going back to "properly and directly concerned"-to ALD RUMSFELD, of TIlinois; and the 1I~!;~ statements made early in my chairman gain access to the records of official Gov orable ROBERT P. GIUFFIN, of Michigan~ ship of the Special Subcommittee on ernment actions. Above all, there is no now serving in the Senate. It Is t n, Government Information, I repeatedly remedy available to a citizen who has fruit of more than 10 years of study a~~ cautioned those who looked fo.' dramatic been wrongfully denied access to the discussion initiated by such men as t instances that the problems were really Government's public records. late Dr. Harold L. Cross and added to ~e the day-to-day barriers, the day-to-day S. 1160 would make three major scholars such as the late Dr. Jacob SChe; excesses in restriction, the arrogance on changes in the law. Among those who have given unstint: occasion of an official who has a pro First. The bill would eliminate the ingly of their counsel and adVice is a prietary attitude toward Government. "properly and directly concerned" test of great and distinguished colleague in the In fact, at the subcommittee's very first who shall have access to public records, House who has given the fullest sUPPort. hearing I said: stating that the great majority of rec Without that support nothing coUld hav~ Rather than exploiting the sensational, ords shall be available to "any person." been accomplished. So I take this OCCa~ the subcommittee is trying to develop all So that there would be no undue burden sion to pay personal tribute to Congress~ the pertinent facts and, in effect, ~ay bare on the operations of Government agen man WILLIAM L. DAWSON, my friend the attitude of the executive agencies on cies, reasonable access regulations would my confidant and adviser over the years' the issue of whether the pubUc 1s entitled be established. Among those Members of the Congres~ to all poss1ble informatIon about the ac Second. The bill would set up workable tivIties, plans and the poUcies of the Fed who have given greatly of their time and eral Government. standards for the categories of records e:fl:"ort to develop the legislation before which may be exempt from public dis us today are two Senators from the great Now 11 years later I can, with the closure, replacing the vague phrases state of Missouri, the late Senator assurance of experience, reaffirm the "good cause found," "in the public inter Thomas Henning and his very distin~ lack of dramatic instances of withhold est," and "internal management" with guished successor, Senator EDWARD LoNG ing. The barriers to access, the instances speCific definitions of information which who authored the bill before us today. of arbitrary and capricious withholding may be withheld. And there has been no greater cham are dramatic only in their totality. Third. The bill would give an aggrieved pion of the people's right to know the During the last 11 years, the subcom citizen a remedy by permitting him to facts of Government than Congressman mittee has, with the fullest cooperation appeal to a U.S. district court if omcial DANTE B. FASCELL. I want to take this from many in Government and from records are improperly withheld. Thus, opportunity to pay the most $1ncere and representatIves of every facet of the for the first time in our Government's heartfelt tribute to Congressman FASCELL news media, endeavored to build a history there would be proper arbitra- who helped me set up the Special Sub greater awareness of the need to re tion of conflicts over access to Govern committee on Government Information move unjustifiable barriers to infor ment documents. and served as a most e:fl:"ective and dedi mation, even if that information did not S. 1160 is a moderate bill and carefully c!'.ted member for nearly 10 years. appear to be overly important. I sup worked out. This measure is not in The list of editors, broadcasters and pose one could regard information as tended to impinge upon the appropriate newsmen and distinguished members of food for the intellect, like a proper diet power of the Executive or to harass the the corps who have helped develop the for the body. It does not have to qualify agencies of Government. We are simply legislation over these 10 years is endless. as a main course to be important in attempting to enforce a basic public But I would particularly like to thank tellectual food. It might be just a dash right-the right to access to Government those who have served as chairmen of of flavor to sharpen the wit or satisfy information. We have expressed an in Freedom of Information Committees and the curiosity, but it is as basic to the tent in the report on this bill which we various organizatior"s that have sup intellectual diet as are proper seasonings hope the courts will read with great care. ported the legislation. to the phySical diet. While the bill establishes a procedure They include James Pope, formerly of Our Constitution recognized this need to secure the right to know the facts of the Louisville Courier-Journal, J. Rus by guaranteeing free speech and a free Government, it will not force disclosure sell Wiggins of the Washington Post, press. Mr. Speaker, those wise men who of specific categories of information such Herbert Brucker of the Hartford Cou wrote that document-which was then as documents involving true national se rant, Eugene S. Pull1am of the IndianaP -and is now a most radical document curity or personnel investigative files. olis News, Creed Black of the Chicago could not have intended to give us empty This legislation has twice been passed Daily News. Eugene Patterson of the At rights. Inherent in the right of free by the Senate, once near the end of the lanta Constitution, each of whom served speech and of free press is the right to 88th Congress too late for House action as chairman of the American SocIety of know. It is our solemn responsibility as and again last year after extensive hear Newspaper Editors Freedom of Informa inheritors of the cause to do all in our ings. Similar legislation was introduced tion Committee, and John Colburn of the power to strengthen those rights--to in the House, at the beginning of the Wichita Eagle & Beacon who served as give them meaning. Our actions today 89th Congress, by myself and 25 other chairman of both the ASNE committee in this House will do precisely that. Members, of both political parties. and and the similar committee of the Amer The present law which S. 1160 amends comprehensive hearings were held on ican Society of Newspaper Publishers. is the so-called public information the legislation by the Foreign Operations Also Mason Walsh of the Dallas Times section of the 20-year-old Administra and Government Information Subcom Herald, David Schultz of the Redwood tive Procedure Act. The law now per mittee. After the subcommittee selected City Tribune, Charles S. Rowe of the mits withholding of Federal Government the Senate version as the best, most Fredericksburg Free Lance Star. Richard records if secrecy is required "in the workable bill, it was adopted unani D. Smyser of the Oak Ridge oakridger, public interest" or if the records relate mously by tr.e House Government Oper and Hu Blonk of the Wenatchee Daily . "solely to the internal management of ar. ations Committee. World, each of whom served as chairman agency." Government information also S. 1160 has the support of dozens of of the Associated Press Managing Editors may be held confidential "for good cause organizations deeply interested in the Freedom of Information committee; V. found." Even if no good cause can be workings of the Federal Government M. Newton, Jr., of the Tampa Tribune, found for secrecy, the records will be professional groups such as the American Julius Frandsen of the United Press In made avaUable only to "persons properly Bar Association, business organizations ternational, and Clark Mollenho:fl:" of the and directly concerned." These phrases such as the U.S. Chamber of Com Cowles Publications, each of wh~~ are the warp and woof of the blanket of merce, committees of newspapermen, Jrerved as chairman of the Sigma De a secrecy which can cover the day-to-day editors and broadcasters, and many Chi Freedom of Information commit~e. administrative actions of the Federal others. It has been worked out carefully and Joseph Costa, for many years t e agencies. with cooperation of White House officials chairman of the National Press Photog Neither in the Administrative Pro and representatives of the major Govern raphers Freedom of Information Com cedure Act nor its legislative history are ment agencies. and with the utmost co mittee. The closest cooperation has been these broad phrases defined, nor is there operation of the Republican members of provided by Stanford Smith, general June 20, 1966 CONGRESSIONAL RECORD - HOUSE 13643 Olanager of the American Newspaper The free and total flow of information If the people are to be informed. they publishers Association and Theodore A. has been stemmed by the very real and must be first accorded the right to semll. executive vice president of the very grave cold war crises that threaten sources of knowledge-and one of the National Newspaper Association, our Nation. It Is apparent that if we initial queries posed by Americans and Mr. Speaker, I strongly urge the favor are to survive as a free nation. we must their English forebears alike was: What able vote of every Member of this body impose some checks on the flow of data is the nature of the business of the legis on this bill. S. 1160. data which could provide invaluable as lative branch of government? Accounts Mr. KING of utah. Mr, Speaker, will sistance to our enemies. of legislative activities were not always the gentleman yield? The demands of a growing urban, in freely known by those whose destinies Mr. MOSS. I am happy to yield to the dustrial society has become greater both they were to shape. At the close of the gentleman. in volume and in complexity. The indi 17th century, the House of Commons Mr. KING of Utah. Mr. Speaker, I vidual looks to his Government more and and the House of Lords had adopted reg commend the distinguished gentlemen more for the satisfactory solution of ulations prohibiting the publishing of nOw in the well for the work he has done problems that defy his own personal re their votes and their debates. Since in bringing this bill to fruition today. sources. The growth of the structure the bans on the publishing of votes and The gentleman from Californi~ is recog of Government commensurate with the debates initially provided a haven of niZed throughout the Nation as one of demands placed upon it has given rise to refuge from a Sovereign's harsh and the leading authorities on the subject confusion. misunderstanding, and a wid often arbitrary reprisals. the elimination of freedom of information. He has ening gap between the prinCiple and the of these bans was difficult. Privacy was worked for 12 years diligently to bring practice of the popular right to know. viewed as offering a means of retaining this event to pass. Chairman Moss has summarized this di against all challenges-be they from the Mr. Speaker, I wish to take this lemma when he said "Government secre Sovereign or an inquiring populace-the opportunity to voice my support of cy tends to grow as Government itself prerogatives that the Houses of Parlia S. 1160, the Federal Public Records Act, grows." ment had struggled to secure. Not until now popularly referred to as the freedom There are additional factors that must the late 18th century did the forces of information bill. Let me preface my be considered. Paradoxically. the broad favoring public accountability cause sig remarks by expressing to my distin and somewhat obscure phraseology of nificant changes in the milieu that sur guished colleague from California [Mr. section 3 of the public information sec rounded parliamentary proceedings. Al Moss], chairman of the Government In tion of the Administrative Procedure Act though restrictive disclosure measures formation Subcommittee of the House of has, in effect, narrowed the stream of heretofore imposed were never formally Representatives. and to the distinguished data and facts that the Federal agencies repealed, their strict enforcement was gentleman from Missouri. Senator are and have been willing to release to no longer' feasible. The forces cham EDWARD LONG. chairman of the Admin the American people. Agency personnel pioning the popular right to know had istrative Practices and Procedure Sub charged with the responsibility of inter gained considera!lle strength and the committee of the Senate, for their lffitir preting and enforcing the provisions of odds were clearly ~gainst Parliament's iug efforts toward the advancement of section 3 have labored under a severe retaining many of its jealously·guarded the principle that the public has not only handicap; their working guidelines have prerogatives. To save face, both Houses the right to know but the need to know made for a host of varying interpreta yielded to the realities of the situation the facts that comprise the business of tions and fostered numerous misinter with which they were confronted and al Government. Under the expert guidance pretations. Chaos and confusion have lowed representatives of the press-the of these gentlemen, an exhaustive study nurtured a needless choking off of in eyes and ears of the people-to attend has been conducted and a wealth of in formation disclosure. Without realistic and recolffit their deliberations. formation gleaned. Equipped with a guidelines within which to operate. of The annals recording the history of strong factual background and an un ficials have exercised extreme caution in freedom of the press tell of dauntless derstanding of the complex nature of an effort to avoid the charges of pre printers who sought means of circum the myriad of issues raised, we may pro mature, l!nwise. or unauthorized dis venting the bans on publicizing legisla ceed now to consider appropriate legisla closure of Government information. tive records. As early as 1703, one Abel tive action within a meaningful frame of Remedial action is called for. The pri Boyer violated the letter and the spirit reference. mary purpose lffiderlying S. 1160 is a long of the announced restrictions when he S. 1160, the Federal Public Records overdue and urgently needed clarifica published monthly the Political State of Act, attempts to establish viable safe tion of the public information provisions Great Britain. He did so, however. with guards to protect the public access to of the Administrative Procedure Act. out incurring the full measure of official SOurces of information relevant to gov Finally. the present condition of non wrath. By omitting the full names of ernmental activities. Protection of pub availability of public information has participants in debate, and by delaying lic access to information sources was the perhaps been encouraged by a disregard publication of the accounts of a session's original intent of the Congress when it by the American people of this truism: deliberations until after it had ad enacted into law the Administrative Pro the freedoms that we daily exercise- journed. he was able to achieve his pur cedure Act of 1946. Regretfully, in the the freedoms that are the foundation of pose. Others sought to foil the intent light of the experience of the interven our democratic society-were not easily and dilute the effectiveness of the restric ing 20 years, we are confronted with an obtained nor are they easily retained. tions by revealing the activities of a com ever-growing accumUlation of evidence Inroads and encroachments-be they mittee of the House of Commons. Lest that clearly substantiates the following overt or covert, be they internal or ex others follow similar suit, the Commons conclusion: the overall intent of the ternal-must be effectiVely guarded soon after passed a resolution stating: Congress. as embodIed In the Adm1n1s against. For freedoms once diminished No news writers do presume in their letters trative Procedure Act of 1946, has not are not readily revitalized; freedoms once or other papers that they disperse as min been realized and the specific safeguards lost are recovered with difficulty. utes, or under any denomination, to Inter ThW} far I have discussed some of the meddle with the debates, or any other pro erected to guarantee the right of public ceedings of this House. or any committee access to the information stores of Gov major forces that are sinlultaneously thereof. ernment appear woefully inadequate to working toward increasing the gap that Perform the assigned tasks. The time is separates the principle and the practice Those who insisted on defying official ripe for a careful and thoughtful reap of the people's right to know the affairs pleasure were quickly brought to task. praisal of the issues inherent in the right of their Government. The overriding Many were imprisoned, many were flned; to know concept; the tinle is at hand importance of the Federal Public Rec some were released having sworn to cease for a renewal of our dedication to a prin ords Act currently before Us can be un and desist from further offensive actions. Ciple that Is at the cornerstone of our derscored by a brief examination of the Spurred by public demand for additional democratic socIety. highwater marks that loom large in the news, printers and editors devised a ficti What are some of the major factors historical background of the present dis tious political body and proceeded to re that have contributed to this widespread pute concerning the legitinlate bounds late fictional debates. Their readers breakdown in the flow of information of the people's right to know the affairs were. nevertheless, aware that the ac from the Government to the people? of Government. counts were those of Parliament. Public 13644 CONGRESSIONAL RECORD - HOUSE June 20, 1966 demand for the right to know the in companied the exercise of this newly lo run deep in the American political tr cated rulemaking authority. ditton. ThIs concept holds that a~ formation of Government had gained a the momentum that could not be slowed. In Access to the affairs of legIslative President may authorize the Withholding 1789, the public point of view-a point of bodies has become increasingly difficult of such information as he deems aPlJr view that demanded the removal of the thanks to another factor: the business priate to the national well~beino. shackles of secrecy-because the parlia of legislatures Is being conducted in the Thomas Jefferson stated the principlg· mentary modus operandI. For in that committees of the parent body--commit upon which this privilege rests in the~S year, one James Perry, of the Morning tees that may choose to call an executive ternlS: e Chronicle, succeeded in his efforts to have session and subsequently close their doors With respect to papers, there is certainly news reporters admitted to Parliament to the public. public and a private side to our Offices. 'I'a. and was able to provide his readers with In short, the trend toward more secrecy the fortner belong grants of land. patents ro~ an account of the previous evening's busi in government may be seen in the legis inventions. certain commissions, prOClama.. ness. The efforts of Parliament to ex lative branch. Can this trend be evi tions, and other papers patent In their nature clude representatives of the news media denced in the other two branches? To the other belong mere executive pro' were channeled in new directions--with The scope of popular interest in Gov ceedings. All nations have found it neces: sar~, that for the advantageous conduct Of members speaking out against printers ernment operations has run the full theIr a!fa1rs. some of these proeeedings, at and editors, who in their opinion, were gamut. The public has persevered in least, should remain known to their executive unfairly misrepresenting individual its assertion that it has an unquestion functionary only. He. of course, from the points of view; objectivity in reporting able right to the knowledge of the pro nature of the case, must be the sole jUdge Parliament's business became their pri ceedings that constitute the legislative of which of them the pU~l1c interests w1U mary concern. as well as the judicial and executive permit pubUcation. Hence. under our Con. In the Colonies, too, Americans con functions of the Government. stitution, in requests of papers, from the One of the greatest weapons in the legislative to the executive branch, an ex. ducted determined campaigns parallel ception is carefully expressed, as to those ing those waged in England. Colonial arsenal of tyranny has been the secret which he may deem the pubUc welfare may governments demonstrated a formidable arrest, trial, and punishment of those require not to be disclosed. hostility toward those who earnestly be accused of wrongdoing. Individual lib lieved that the rank-and-file citizenry erties, regardless of the lipservice paid While the bounds of the executive priv was entitled to a full accounting by its them, become empty and meaningless ilege claim have. of late, been more care governing bodies. The power that sentiments if they are curtailed or sus fully spelled out and, in effect, narrOWed knowledge provides was fully under pended or ignored in the darkness of widespread withholding of Government stood; by some it was feared. In 1671, In closed judicial proceedings. The dangers records by executive agency officials con~ correspondence to his lords commis to man's freedoms that lurk in secret ju tlnues in spite of the enactment of limit sioners, Governor Berkeley, of Virginia, dicial deliberations were recognized by ing statutes. In 1958, the Congress wrote: the insurgent barons who forced King passed the Moss-Hennings bUl, which I thank God, there are no free schools nor John to grant as one of many demands granted agency heads considerable lee~ printing; and I hope we shall not have these that "the King's courts of justice shall be way in the handling of agency records hundred years; for learning has brought dis stationary; and shall no longer follow his but gave no official legislative sanction Obedience, and heresy, and sects tnto the person; they shall be open to everyone; to a general withholding of such records world, and printing has divulged them, and and justice shall no longer be sold, re from the public. The enactment of the libels against the best Government. God fused, or delayed by them." This prom Administrative Procedure Act held out keep us from both. ise was remembered by that generation promise for introducing a measure of In 1725, Massachusetts newspaper of Americans that devised our scheme of uniformity in the administrative regula printers were "ordered upon their peril government. To guarantee the optimum tions that were applied to agency d1sclo~ not to insert in their prints anything of exercise and enjoyment by every man of sures. According to the terms of section the Public Affairs of this province relat his fundamental and essential liberties, 3 or the public information section of ing to the war without the order of the the authors of the Blll of Rights incor this act: Government." Forty-one years were to porated these guarantees in the sixth Except to the extent that there is involved pass until, in 1776, a motion offered by amendment: (1) any function of the United states re James otis was carried and the proceed In all criminal prosecutions. the accused quiring secrecy In the pubUc interest or (2) any matter relatlng solely to the internal ings of the Mas:..achusetts General Court shall enjoy the right to a speedy and publ~J triaL management of an agency, executive agencies -were opened to the public on the occa are required to publish or make available to sIon of the debates surrounding the re Contemporary developments lend sup the publlc, their rules, statements of polley, peal of the onerous stamp Act. port to the thesis that the right of the pollcy interpretations and modes of opera The clouds of secrecy that hovered public to be admitted to judicial proceed tion as well as other data constituting mat over the American Colonies were not ings is being undermined. More and ters of official record. quickly dispelled; vestiges of concealment more courtrooms are being closed to the Quoting subsection (c) of section 3: lingered on until well into the 18th cen people on the grounds that the thorough tury. Save as otherwise required by statute, and open discussion of a broad category matters of official record shall in accordance The deliberations that produced the of offenses would be repugnant to so With published rule be made available to Constitution of the United States were Ciety's concensus of good taste. What is persons properly and directly concerned ex closed. Early meetings of the U.S. Sen more, court powers that were once exer cept information held confidential for good ate were not regularly opened to the cised within the framework of due proc cause found. public until February of 1794. Some ess guarantees are being transferred to A careful analysis of the precise word 177 years ago, the House of Repre quasi-judicial agencies, before which ing of the widely criticized public infor sentatives heatedly debated and finally many of the due process guarantees have mation section offers ample evidence for tabled a motion that would have excluded been cast by the wayside. doubt as to the effectiveness of the members of the press from its sessions. What is the current status of infor guarantees which its authors and spon It was the beginning of the 19th century mation availability within the executive sors sought to effect. Broad withhold before representatIves of the press were departments and agencies? Although ing powers have grown out of the vague formally granted admission to the Cham the public's right to know has not been and loosely defined terms with which bers of the Senate and the House of openly denied, the march of events has this act is replete. Federal agencies Representatives. worked a serious diminution in the range may curb the distribution of their rec While the Ar.Ierican people have long and types of information that are being ords should the publlc interest so require. fought to expand the scope of their freely dispensed to inquiring cit1zens, What specifically is the public interest? knowledge about Government, their their representatives in Congress, and The Manual on the Administrative Pro. achievements In-this direction are being to members of the press. Counterbalanc cedure Act allows each of the agencies to countered by the trend to delegate con ing the presumption that in a democracy determine those functions which mat'! siderable lawmaking authority to execu the public has the right to know the busi remain secret In the public interes· tive departments and agencies. Effective· ness of its Government is the executive Federal agencies may limit the d1sSeDl1- protective measures have not always ac privilege theory-a theory whose roots nation of a wide range of information J'line 20, 1966 CONGRESSIONAL RECORD - HOUSE 13645 bat they deem related "solely to the in prove satisfactory or enlightening-for er" is made by the various agencies. The t rnal management" of the agency. all too often they are couched in admin taxpaying citizen who feels that he has ~bat are the limitations, if any, that are istrative jargon that is meaningless to been unfairly denied access to informa tached to this provision? Federal the ordinary citizen. Subsection (b) of tion has had no avenue of appeal. Sub a.~encies may withhold information "for S. 1160 should be equally valuable to section (c) of the proposed Federal a.ood cause found." What constitutes harried Government officials assigned the Public Records Act legislation would re guch a "good cause?" Even if informa monu.mental responsib1l1ty of deciding quire that: ton sought does not violate an agency's what information may be released and Every agency in accordance With published d hoc definition of the "public inter what must be withheld in light of the rules stating the time, place, and procedure Ilst"-cven if information sought does proper functioning of the Government. to be followed, make all its records promptly eot relate "solely to the internal man The information guarantees of this sub avallable to any person. n ernent" of the agency or if "no good section state: Should any person be denied the right ~!use" can be found for its retention, Every agency shall, in accordance with to inspect agency records, he could ap gencies may decline to release records published rules, make avallable for public peal to and seek review by a U.S. district :0 persons other than those "properly Inspection and copying (A) all final opmions court. Quoting the "agency records" and directly concerned." What are the (including concurring and dissenting opin subsection of S. 1160: er1teria that an individual must present Ions) and all orders made In the adjudication to establish a "proper and direct con of cases, (B) those statements of policy and Upon cOIIlplalnt, the district court 01 the Interpretations which have been adopted by United States in the district In whiCh the cern?" We search in vain if we expect the agency and are not published in the complainant resides, or has his principal to find meaningful and uniform defini Federal Register, and (C) staff manuals and place of business, or in which the agency tions or reasonable limitations of the Instructions to staff that affect any member records are situated, shall have jurisdiction qualifying clauses contained in the con 01 the public unless such materials are to enjoin the agency from Withholding of troversial public information section of promptly published and copies offered for agency records and Information and to order the Administrative Procedure Act. We sale. the production of any agency records or search in vain, for what we seek does not InforIllatlon Improperly withheld frOIIl the We have labored long and hard to complainant. In such cases the court shall presently exist. establish firmly the premise that the pub determine the matter de novo and the bur Threats to cherished liberties and lic has not only the right but the need den shall be upon the agency to sustain Its fundamental rights are inherent in the 'to know. We have also accepted the fact action. relatively unchecked operations of that the individual is entitled to respect While we recognize the merits of and a mushrooming bureaucracy-threats for his right of privacy. The question justifications for arguments advanced in though they be more subtle are no less arises as to how far we are able to extend support of limited secrecy in a govern real and no less dangerous than those the right to know doctrine before the ment that must survive in the climate which our Founding Fathers labored to inevitable collision with the right of the of a cold war, we must also recognize prevent. individual to the enjoyment of confiden that the gains-however small-made by The changes that are contained in the tiality and privacy. Subsection (b) !l-t secrecy eft'ect an overall reduction in Federal Public Records Act before us to tempts to resolve this confiict by allOWlllg freedom. As the forces of secrecy gain, day offer a means of restoring to the Federal agencies to delete personally the forces of freedom lose. It is, there American people their free and legiti identifying details from publicly inspect fore, incumbent upon us to exercise pro mate access to the aft'airs of Govern ed opinions, policy statements, policy in dence In accepting measures which con ment. It seeks to accomplish this im~ terpretations, staft' manuals, or instruc sUtute limitations on the freedoms of portant objective in a variety of ways. tions in order "to prevent a clearly our people. Restrictions must be kept to Subsection (a) of S. 1160 clarifies the unwarranted invasion of personal pr! a minimum and must be carefully cir types of information which Federal vacy." Should agencies delete personal cumscribed lest they grow and. in so do agencies w1ll be required to publish in identifications that cannot reasonably be ing, cause irreparable damage to liberties the Federal Register. By making requi~ shown to have direct relationship to the that are the American heritage and the site the publication of "descriptions of general public interest, they must justify American way of life. an agency's central and field organiza in writing the reasons for their actions. S. 1160 seeks to open to all citizens, tion and the established places at which, This "in writing" qualification is Incor so far as consistent with other national the officers from whom, and the methods porated to prevent the "invasion of per goals of equal importance, the broadest whereby the l,Jublic may secure informa sonal privacy clause" from being dis possible range of information. I feel tion, make submittals or requests, or obtain decisions," the individual may be torted and used as a broad shield for that the limitations imposed are clearly unnecessary secrecy. justifiable in terms of other objectives more readily apprised by responsible To insure that no citizen will be denied that are ranked equally important with ofticials of those aspects of administra full access to data that may be of cro in our value system. The presumption tive procedure that are of vital personal cial Importance to his case, for want of prevails in favor of the people's right to consequence. Material "readily avail knowledge that the material exists, each know unless information relates to mat able" to interested parties may be in agency must "maintain and make avail ters thajdl.re, fir§~~cifi~~~d corporated "by reference" in the Reg able for public inspection and copying a by EXecutive order to be KeWsecret in Ister. "Incorporation by reference" will current Index providing identifying in the interest of the national defense or Provide interested parties with meaning formation to the public as to any matter foreign policy; second, matters related ful citations to unabridged sources that which is issued, adopted, or promulgated solely to the internal personnel rules and contain the desired data. The Director of the Federal Register, rather than in.. after the eft'ective date of this act and practices of any agency; third, matters diVidual agency heads, must give ap which Is required by this subsection to specifically exempted from diSClosure by be made available or published." other statutes; fourth, trade secrets and I>roval before material may be so Perhaps the most serious defect in the commercial or financial information ob incorporated. present law rests in the qualification tained from the public and privileged or Subsection (b) of the Federal Public contained in subsection (c) of the public confidential; fifth, interagency or int~a Records Act will ellininate the vague pro information proviSions which limits those. agency memorandums or letters WhICh Visions that have allowed agency peFSOn to whom Federal regulatory and execu would not be available by law to a pri nel to classify as "unavailable to the pub tive agencies may give information to vate party in litigation with the agency; Ue" materials "required for good cause "persons properly and directly con sixth, personnel and medical files and to be held confidential." All material cerned." These words have been inter similar files the diSClosure of which Will be consid<'lred available upon request preted over the. years In such a fashion would constitute a clearly unwarranted Unless it clearly falls within one of the as to render thlS section of ~e Admin inVasion of personal privacy; seventh, SIlecifically defined categories exempt Istrative Procedure Act a vehicle for the . investigatory files compiled for law en frolll public disclosure. This subsection withholding from the public ey~ of in; fon:ement purposes except to the extent ShOUld be a boon not only to the frus formation relevant .to the con uctte°. available by law to a private party~ tra.ted citizen whose requests for the right Government operations. Final de r- . d I ted. to know have been denied time and time minatlon of whether or not a citizen's. eighth, matters contaI~e in or re ,a &iaJn. The reasons for denial seldom interest Is sufficiently "direct and prop- to exa.ml.natlon, operatlllg. or condition 13646 CONGRESSIONAL RECORD - HOUSE June 20, 1966 reports prepared by, on behalf of, or for reau of the Census from this new pro strengthened opportunities for a free the use of any agency responsible for vision. press in this country are important, are the regulation or supervision of financial Mr. MOSS. That is correct. basic and shoUld be shored up and SUs~ institul-Ons; and ninth, geological and Mr. OLSEN of Montana. I thank the tained to the maximum extent possible geophysical information and data con gentleman. The right of the public to information Is cerning wells. Mr. EDMONDSON. Mr. Speaker, will paramount and each generation must up. Ours is perhaps the freest government the gentleman yield? hold anew that which sustains a free that man has known. Though it be Mr. MOSS. I am very pleased to yield press. unique in this respect, it will remain so to my colleague. I believe this legislation is clearly in only if we keep a constant v1g1lance Mr. EDMONDSON. Mr. Speaker, I the public interest and will measurably against threats-large .or small-to its rise in support of the bill and oongratu improve the access of the public and the principles and institutions. If the Fed late the gentleman from California for press to information and uphold the eral Public Records Aet is enacted, it will the outstanding leadership he has given principle of the right to know. be recorded as a landmark in the con to this body in a field that vitally affects To put this legislation in clear Per. tinuing quest for the preservation of the basic health of our democracy as this spective. the existing Administrative man's fundamental liberties-for it will subject matter does. Procedure Act of 1946 does contain a. go far in halting and reversing the grow I think the gentleman from California series of limiting clauses whiCh does nQt. ing trend toward more secrecy in Gov has won not only the respect and ad enhance the public's right of access. ernment and less public participation miration of all of his colleagues in the Specifically it contains four prinCipal. in the decisions of Government. House for the manner in which he has qualifications: James Madison eloquently argued on championed this worthwhile cause,'but First, an individual must be "properly behalf of the people's right to know when he has also won the respect and admira and directly concerned" before informa he proclaimed that "Knowledge Will for tion of the people of the United States. tion can be made available. It can still ever govern ignorance. And a people I was glad to join him by introducing be withheld for "good cause found." who mean to be their own governors H.R. 5018 on the same subject and urge Matters of "internal management" can must al'Pl. themselves with the power approval of S. 1160. be withheld and, specifically and most. knowledge gives. A popular government Mr. MOSS. I thank the gentleman. importantly, section 3 of the act states without popular information or the Mr. MAILLIARD. Mr. Speaker, will at the outset that "any function of the means of acquiring it, Is but a prologue the gentleman yield? United States requiring secrecy in the to a farce or a tragedy. or perhaps both." 'Mr. MOSS. I am pleased to yield to public interest" does not have to be dis my colleague. closed. This is a measure in which every Mem Mr. MAILLIARD. Mr. Speaker, I also Section 3 reads in its entirety as fol ber of C~gress can take great pride. In the long view, it coUld eventually rank want. to compliment the gentleman for lows: as the greatest single accomplishment of bringing to fruition many years of effort Except to the extent that there is Involved in this field. (1) any function of the United States re the 89th Congress. I woUld like to ask my colleague a quirlng secrecy In the public Interest or (2) Not only does it assert in newer and question, and of course I realize the gen any matter relating solely to the Internal stronger terms the public's right to know, tleman cann')t answer every question in management of an agency but it also demonstrates anew the ulti detail. But I am very much interested (a) RULES.-Every agency shall separately mate power of the Congress to make na · h t state and currently pUblish In the Federal i n th e f act tha t und er the Merc an Register (1) descriptions of Its central and tional policy on its own-with or with Marine Act where the computation of field organization inclUding delegatiOns by out Executive concurrence--where the a construction subsidy is based upon an the agency of final authority and the estab public interest so demands. It thus helps estimate that is made in the Maritime Hahed places at which, and methods where to reaffirm the initiative of the legisla Administration, to date the Maritime by, the p\lbllC may secure Information or ture and the balance of powers, at a Administration has refused to divulge to make submittals or requests; (2) statements time when the Congress is the object of the companies their determination of of the general CO\lrse and method by which much concern and critiCism over the how much the Government pays and Its functions are channeled and determined. apparent decline of its infiuence in the InclUding the nature and requirements of h ow much the individual owner h as to . all formal or Informal procedures available policymaking process. pay. That is based on these computa as well as forms and Instructions as to the Though I took a place on the Subcom tions. scope and contents of all papers, reports, or mittee on Foreign Operations and Gov The Maritime Administration has nev examinatIons; and (3) substantive rules ernment Information only last year, I er been willing to reveal to the people adopted as authorized by law and statements take deep pride in my service with it and directly involved how the determination of general pol1cy or Interpretations formu in the shining role it has played in shap is made. In the gentleman's opinion, un lated and adopted by the agency for the ing this historic act. I firmly hope and der this bill, would this kind of informa guidance of the publ1c, but not rules ad expect that the act will win the unani ... dressed to and served upon named persons tion b e avaa11 bl e a t I east t 0 thoSe w~_ose In accordance with law. No person shall in mous support of the House. direct interests are involved? any manner be required to resort to orga Mr. OLSEN of Montana. Mr. Speaker, Mr. MOSS. It is my opinion that that nlzatlon or procedure not so published. will the gentleman yield? information, unless it is exempted by (b) OPINIONS AND ORDERS.-Every agency Mr. MOSS. I am pleased to yield to statute, would be availabl" under the shall publish or, In accordance with pub the gentleman from Montana. terms of the amendment now before the IIshed rule, make avaIlable to publIc In Mr. OLSEN of Montana. Mr. Speaker, House. spectlon all final opinions or orders In the I too wish to commend the gentleman Mr. MAILLIARD. I appredate the adjudication of cases (except those required in the well for his great work over the response of the gentleman very much for gOOd cause to be held confidential and indeed. not Cited as precedents) and all rules. years. on this subject of freedom of in (c) PUBLIC RECORDS.--Bave as otherwise re formation as to Government records. The SPEAKER. The gentleman from quil'ed by statute, matters of oHiclal record However, I do want to ask the gentleman California [Mr. Moss] has consumed 20 shall In accordance wIth published rule be a question with reference to the Bureau minutes. made available to persons properly and di of the Census. The Bureau of the Cen The Chair recognizes the gentleman rectly concerned except information held sus can only gather the information that from New York [Mr. REIDJ. confidential for good cause found. it does gather because that information Mr. REID of New York. Mr. Speak This is a broad delegation to the Exec will be held.confidential or the sources er, I yield myself such time as I may utive. Further, none of these key phrase~ of information will be held to be confi consume. 1s defined in the statute, nor has anY 0 dential. I presume that the provisions Mr. Speaker, I rise in strong support them-to the best of my knowledge on page 5 of the bill under "Exemptions," of S. 1160, a bill to clarify and protect been interpreted by judicial decisions· NO. (3), in other words providing that the right of the public to information, The Attorney General's Manual on tlle the prOVisions of this bill shall not and for other purposes. Administrative Procedure Act merelY be applicable to matters that are "(3) It is, I beli~ve, verY clear in these Unit states that: specifically exempted from disclosure by ed States that the public's right of ac Each agency must examine its function: statute;"-that would exempt the Bu cess, their inherent right to know, and and the substant1ve statutes under which I J1tne 20, 1966 CONGRESSIONAL RECORD - HOUSE 13647 ""rates to determine which of its materials access is much more firmly and properly sign the bill promptly, because this is 0,,- to be treated as matters of official record upheld. clearly in the interest of the public's ~ tile purposes of the section (section 3). Our distinguished chairman of this paramount right to know, of a free press I believe that the present legislation subcommittee, who has done so much in and, in my judgment, in the interest of roperly limits that practice in several this House to make this legislation a the Nation. PeW and significant particulars: reality here today, and Is deserving of Mr. FULTON of Pennsylvania. Mr. II F'irst, any person will now have the the commendation of this House, has Speaker, will the gentleman yield? jgbt of access to records of Federal pointed to the fact that a number of Mr. REID of New York. I yield to the r lCeCutive and regulatory agencies. groups and newspaper organizations gentleman from Pennsylvania. ~IIle of the new provisions include the strongly support the legislation. I would Mr. FULTON of Pennsylvania. Mr. re
~r. HALL. Mr. Speaker,I appreciate Mr. DOLE. Mr. Speaker, will the (4) trade secrets and commercial or finan We gentleman's comments. I hardly see gentleman yield to me? cial information obtained from any person now it can help but improve the practice Mr. RUMSFELD. I wlll be happy to and privileged or confidential; yield to the distinguIshed gentleman (5) Interagency or Intra-agency memo of separation of the powers as it is con randa or letters which would not be avail ducted in the executive branch of the from Kansas, who also serves on the able by law to a private party in litigation Government. However, in the days of Special Subcommittee on Government with the agency; tlle right to lie rather than no comment Information. (6) personnel and medical files and simi p.nd in the days when reportOlial services Mr. DOLE. Mr. Speaker, I rise in lar files. the disclOSure of which would con p.te being asked to be the handmaidens support of S. 1160, which would clarify stitute a clearly unwarranted invasion of of Government rather than give them and protect the right of the public to personal privacy; full disclosure, I think it is important to information. (7) investigatory files compiled for law Since the beginnings of our Republic, enforcement purposes except to the extent nave this legislation. avallable by law to a private party; Mr. Speaker, I want to express my the people and their elected Represent (8) contained in or related to examina strong support. and to urge the support atives in Congress have been engaged in tion, operating, or condition reports pre of mY colleagues for the freedom of in a sort of ceremonial contest with the pared by, on behalf of, or for the use of any formation bill, designed to protect the executive bureaucracy over the freedom agency responsible for the regulation or right of the public to information re of-information issue. The dispute has, supervision of financial Institutions; and lating to the actions and poliCies of Fed to date, failed to produce a practical (9) geological and geophysical Informa eral agencies. This bill has been a long result. tion and data (including maps) concerning tiIIle in coming, too long I might add, Government agencies and Federal om wells. since the withholding of information, it c1als have repeatedly refused to give in The bill gives full recognition to the is designed to prevent, has been e. fact of dividuals information to which they were fact that the President must at times act life under the present administration. entitled and the documentatio~ of such in secret in the exercise of his constitu I believe this bill is one of the most unauthoriZed withholding-from the tional duties when it exempts from avail iIIlportant pieces of legislation to be con press, the public, and Congress-is vol ability to the public matters that are sidered by Congress, and I support its uminous. However, the continued recital "specifically required by Executive order enactment 100 percent. of cases of secrecy will never determine to be kept secret in the interest of the As in all such bills, however, the mere the basic issue involved. for the poInt has national defense or foreign policy." passage of legislation will not insure the already been more than proven. Any Thus, the bill takes into consideration freedom of information which we hope circumscription of the public's right to the right to know of every citizen while to achieve. For there are many ways by know cannot be arrived at by congres alIording the safeguards necessary to the which executive agencies, determined to sional committee compilations of in elIective functioning of Government. conceal public Information, can do so, if stances of withholding, nor can it be The balances have too long been and when they desire. Where there is a fixed by presidential fiat. At some point weighted in the direction of executive w111, there is a way, and while this bill we must stop restating the problem, au discretion. and the need for clear guide will make that way more dimcult, it w1ll thorizing investigations, and holding lines is manifest. I am convinced that take aggressive legislative review and hearings, and come to grips with the the answer lies in a clearly delineated oversight to insure the public's right to problem. and justiciable right to know. know. In a democracy, the public must be This bill is not perfect, and some To indicate the challenge that lies well informed if it is to intell1gently exer critics predict it will cause more con ahead. I need only refer again to an cise the franchise. LogIcally, there is fusion without really enhancing the article from the Overseas Press Club little room for secrecy In a democracy. public's right to know. In my opinion, it publication Dateline 66, which I in But, we must be realists as well as ra is at least ;I. step in the right direction serted in the CONGRESSIONAL RECORD on tionalists and recognize that certain and, as was stated in an editorial in the May 12. Assistant Secretary of Defense Govermnent information must be pro Monday, June 13, issue of the Wichita for Public AlIairs Arthur Sylvester was tected and that the right of individual Eagle: quoted by CBS Correspondent Morely privacy must be respected. It is gen erally agreed that the public's knowledge It's high time this bill became law. It Safer as saying at a background meeting should have been enacted years ago!. Every that- of its Government should be as complete one who Is interested in good government Anyone who expects a public official to as possible. consonant with the public and his own rights must hope that its pas tell the truth Is stupld- interest and national securIty. The Pres sage and the President·s approval will be ident by virtue of his constitutional pow swift. And as if to emphasize his point, Syl ers in the fields of foreign alIairs and vester was quoted as saying, again: national defense, without question, has Mr. JOELSON. Mr. Speaker, I am Did you hear that? Stup!d! some derived authority to keep secrets. pleased to support this legislation which But we cannot leave the determination protects the right of the public to infor Subsequently, at Mr. Sylvester's re of the answers to some arrogant or whim mation. I believe that in a democracy, it quest, I inserted his letter in reply to is vital that public records and proceed the charge, but, since that occasion, at sical bureaucrat-they must be written ings must be made available to the pub least four other correspondents have into law. lic in order that we have a fully informed Confirmed the substance of Morely To that end, I joined other members of citizenry. I think that the only time Safer's charges, and to this date to my this House in introducing and supporting that information should be withheld is knowledge, not a single correspondent legislation to establish a· Federal public where there are overriding considera present at that meeting in July of 1965, records law and to permit court enforce tions of national security which require has backed up the Sylvester so-called ment of the people's right to know. secrecy, where disclosure might result in denial. This bill would require every agency of an unwarranted invasion of personal So, I repeat that the passage of this the Federal Government to "make all its privacy, impede investigation for law en legislation wlll not, in itself, insure the records promptly available to any per forcement purposes, or divulge 7{aluable public'S right to know. but it is an im son," and provides for court action to trade or commercial secrets. portant first step in that direction. As guarantee the right of access. The pro Mr. ROSENTHAL. Mr. Speaker, as a long as there are people in the adminis posed law does, however, protect nine member of the House Committee on Gov tration who wish to cover up or put categories of sensitive Government in ernment Operations, I am particularly out misleading information, it will take formation which would be exempted. anxious to offer my strongest support for vigorous action by the Congress and the The protected categories are matters this measure, S. 1160, and praise for Nation's press to make our objectives (1) specifically . required by Executive its cosponsor, the gentleman from Cali order to be kept secret In the Interest of the fornia [Mr. Moss]. I would also like to a reality. Passage of this b1llis a great national defense or foreign policy; step, on the part of the legislative· (2) related solely to the internal personnel offer my thanks to our distinguished branch of the U.S. Government. toward rules and practices of any agency; chairman, the gentleman from Dlinois proper restoration of the tried and true (3) specifically exempted from disclosure [Mr. DAWSON] for his firm leadership in principle of separation of powers. by statute; bringing this measure before the House. 13656 CONGRESSIONAL RECORD - HOUSE June 20, 1966 In S. 1160, we have a chance to mod Mr. POFF. Mr. Speaker. it was my tlv1tles of its Government, called for Pas ernize the machinery of Government and privilege to support S. 1160 today de sage of the legislation we are conSidering" in so doing, further insure So fundamen signed to protect the right of the Ameri today, I include these editorials with tal pol1tical right. Democrac1es derive can public to receive full and complete my remarks at this point because I be legitimacy from the consent of the gov d1sclosures from the agencies of their lieve they will be of interest to Illy erned. And consent is authOritative Government. colleagues: when it is informed. In assuring the Today, as never before, the Federal [From the Cincinnati (Ohio) Enquirer, June right of the citizenry to know the work Government is a complex entity which 15,1966] of its Government. therefore, we provide touches almost every fiber of the fabric LET's OPEN UP FEDERAL REcORDS a permanent check and review of power. of human life. Too often. the overzeal Next Monday the House of Representatives And, as many of us on both Sides of the ous bureaucrat uses his discretionary is scheduled to come finally to gripS With aisle have pointed out. the continuous power to blot out a bit of intelligence an issue that has been kicking around om. growth of Federal powers-particularly which the people have the right to know. clal Washington almost since the birth o! that of the executive branch...... can be This is true not onlY with respect to mili the Republic-an lsI;ue that Congress cause for general concern. tary activities for which there may, on thought was solved long ago. The issue, In occasion. be a valid reason for withhold briefest form, is the public'S right to know. It is the disposition of bureaucracies to Most Americans probably imagine that grow. And frequently, they cover and ing full disclosure until after the execu their right to be informed about what their conceal many of their practices. Insti tion of a particular military maneuver, government is doing Is unchallenged. They tutions as well as people can be ruled by but also in the case of strictly political may wonder about the need for any leglsla. selt-interest. decisions in both foreign and domestic tion aimed at reafllrmlng It. But the fact Of Accordingly, the House Government fields. the matter is that the cloak of secrecy has Operations Committee. and its Subcom Thomas Jefferson once said that if he been stretched to conceal more and more gov. could choose between government with ernmental activities and procedures froIn mittee on Foreign Operations and Gov publ1c view. Many of these activities and ernment Information, have given par out newspapers or newspapers without procedures are wholly unrelated to the na. ticular attention to the information poli government, he would unhesitatingly tlon's security or to individual Americana' cies of our executive agencies. Through choose the latter. The press, in per legitimate right to privacy. They are mat. extensive study, the committee has forming its responsibllity of digging out ters clearly In the public realm. found important procedural loopholes facts about the operation of the giant The legtsratlon due for House considera_ which permit administrative secrecy and Federal Government should not be re tion next Monday is Senate Bill 1160, the thus threaten the public's right to know. stricted and hampered. Yet there are product of a la-year study of the entire prob. some 24 classifications used by Federal lem of freedom of Information directed by ContInued v1g1lance in this area has, for Representative JOHN E. Moss (R., Calif.). examplEt. revised the notorious house agencies to withhold information from The bUl has already won Senate approval, keeping statute which allowed agencies to the American people. When Govern and only an afIIrmatlve House vote next withhold certain records. Slmilar pres ment officials make such statements as Monday Is necessary to send It to President sure from Congress resulted in President u a government has the right to l1e to Johnson's desk. Kennedy's and President Johnson's Umi protect itself" and "the only thing I fear All of the 27 Federal departments and tation of the use of Executive privilege in are the facts:' it is obvious that the need agencies that have sent witnesses to testify information policy. for collective congressional action in the before the House subcommittee that CIOn field of public information is acute. In ducted hearings on the bill have opposed It. The measure before us today contin One complalnt Is that the Issue Is too com ues the search for more open information the unique American system, the people plex to be dealt with In "a single piece of. procedures. For 20 years, the Adminis need to know all the facts in order that legislation. trative Procedure Act, in section m, has their judgments may be based upon But Representative Moss feels-and a Sen·' been an obstacle rather than ~ means to those facts. Anything less is a dilution ate majority obviously agrees with him information availability. The section of the republican form of government. that the right of Federal ofiiclals to classify has usually been invoked to justify re Mr. BENNETT. Mr. Speaker, legis government documents has been grossly mis used to conceal errors and to deny the public fusal to disclose. In the meantime, lation of this type has been long needed. Information It Is entitled to have. members of the public have had no rem The delay, however, is easY to under The bill makes some clear and necessary edy to force disclosures or appeal refus stand because it is a difficult subject in exemptlOn9--natlonal defense and foreign als. Our entire information policy. which to draw the precise Hues needed policy secrets, trade secrets, investigatory" therefore, has been weighed against the without overstepping into areas that files. material collected In the course of labor right to know and in favor of executive might be dangerous to our country. It management mediation, reports of financial need for secrecy. is my belief that the measure before us Institutions, medical files and papers de signed SOlely for the Internal use of a gov I believe S. ll60 takes important steps does handle the matter in a proper and ernmental agency, to rectify that imbalance. Certain ambi helpful manner and I am glad to support Most Important, perhaps, the bill would guities in section III of the Administra it. put on the governmental agency the burden tive Procedure Act are clarified. Thus, Mr. CLANCY. Mr. Speaker, a num of proving that II particular document should the properly and directly concerned ber of important duties and engagements be withheld from public view. As matters" test access to records is el1m1nated. Rec in Cincinnati prevent me from being on stand today, the person who seeks a particu lar document must prove that It is being ords must now be made available, in the the House fioor today. However, if it improperly Withheld; the Moss bill would re new language. to "any person." Instead were possible for me to be present today, quire that the Federal agency involved prove of the vague language of "good cause I would vote for the Freedom of Informa that its release would be detrimental. found" and "public interest." new tion Act, S. 1160. It may be easy for rank.and-ftle Americans standards for exemptable records are The problem of Government secrecy to Imagine that the battle Representative and news manipulation has reached ap Moss has been leading for more than a dec specified. And, perhaps most important, ade Is a battle In the Interests of the Na al{[rieved c1tiZeriS aregfven apPel!t!1ghts palling proportions under the current ad ministration, Both at home and abroad, tion's Information media. But the right of to U.S. district courts. Tliis-procedure a free press Is not the possession of the pub wftnlkeiy prove de"terrent against ex the credibility of the U.S. Government lishers and editors; It is the right of the man "-a' has repeatedly been called into question. cessive or questionable wtthholdings. In the street to know. In this case, It Is hiS Not only has the truth frequentlY been right to know about his government--it5 This legislation, Mr. Speaker, shOUld fallures and errors, Its triumphs and Its elt be of particular importance to all Mem compromised, but in some instances Gov ernment spokesmen have more than dis penditures. bers of Congress. We know, as well as torted the facts, they have denied their The House should give prompt approval to anyone, of the need to keep executive in Senate Bill 1160, and President Johnson existence. This shroud of secrecy and should sign It when it reaches his desk. formation and practices open to public deception is deplorable. The man in the scrutiny. Our committee, and particu street has a right to know about his [From the Cincinnati (Ohio) Enquirer, May larly our subcommittee, headed by our Government, and this includes its 29,1966] energetic colleague from California, has mistakes. THE RIGHT To KNOW put together prOpOSals which we believe The Cincinnati Enquirer has, in two It Is easy for many Americans to fall into will reinforce public rights and demo editorials on the subject of the public's the habit of imagining .that the constitu cratic review. right to know the truth about the ac- tional guarantees of a free press are a matter June 2(,1, 1966 CONGRESSIONAL RECORD - HOUSE 13657 of Interest.~ and concern O~ly to America's the operation of their Government. I policy of disclosure without impinging newspaper /publishers. AI¥1 perhaps there rise, also, in opposition to the growing g,re still a few publishers "ho entertain the upon the rights of any citizen. S. 1160 same notion. J and alarming trend toward greater se 1s worthy legislation, and it deserves the In reality" however, tM right to a free crecy in the official affairs of our democ support of every one of us. press is a rltl.lt that belC'hgs to the public. racy. Mr. RHODES of Arizona. Mr. It is the man in the stre'.it's right to know It is indeed incongruous that although Speaker, at a recent meeting of the In particular, bls rlghlt to know what his Americans are guaranteed the freedoms House Republican policy committee a servants In g'>vernm/'.llt are doing. Un of the Constitution, including freedom policy statement regarding S. 1160, free happily, however, It Il..a right whose preser of the press, there is no detailed Federal dom-of-information legislation, was vation requires a battle that Is never fully statute outlining the orderly disclosure won. For at every level of government, there adopted. As chairman of the policy are officials who think that their particular of public information so essential to committee, I would like to include at this province should be shielded from public proper exercise of this freedom. Yet, point in the RECORD the complete text scrutiny. the steady growth of bigger government of this statement: Another important stride In the right di multiplies rather than diminishes the REPUBLICAN POLICY COMMITTEE S'l'ATEMEN'l' rection came the other day when the House need for such disclosure and the neces ON FREEDOM OF INFORMA'l'ION LEGISLATION, Government Operations Committee unani sity for supplying information to the S. 1160 mously approved a freedom of Information people. Certainly no one can dispute The Republican Policy Committee com bill (Senate B111 1160). The blll is an at the fact that access to public records is mends the Committee on Government Oper tempt to insure freedom of information with vital to the basic workings of the demo ations for reporting S. 1160. This bill clari out jeopardizing the Individual's right of fies and protects the right of the public to privacy. It exempts nine specif1c categories cratic process, for it is only when the public business is conducted openly, with essential Information. Subject to certain ot Information-Including national security, exceptions and the right to court review, it the Investigative files of law enforcement appropriate exceptions, that there can would require every executive agency to give agencies and several others. But it Clearly be freedom of expression and discussion public notice or to make available to the reaffirms the citizen's right to examine the of policy so vital to an honest national public its methods of operation, publ1c pro records of his government and the right of consensus on the issues of the day. It cedures, rules. poliCies. and precedents. the press to do the same In his behalf. is necessary that free people be well in The Republican Policy Committee, the Re Senate Bill 1160 Is the culmination of a formed, and we need only to look behind publican Members of the Committee on Gov lO-year elfort to clarify the provisions of the the Iron Curtain to see the unhappy con ernment Operations, and such groups as the Administrative Procedure Act, which is so sequences of the other alternative. American Newspaper Publishers ASSOCiation, broad that It permits most Federal agencies the professional journalism SOCiety Sigma to define their own rules on the release of The need for a more definitive public Delta Chi, the National Editorial Association Information to the press and the public. records law has been apparent for a long and the American Bar Association have long The House should press ahead; accept the time. We recognize today that the Ad urged the enactment of this legislation. Due recommendations of Its committee and trans ministrative Procedure Act of 1946, while to the opposition of the Johnson-Humphrey late Senate Bill 1160 into law. a step in the right direction, is now most Administration, however, this proposal has inadequate to deal with the problems of been bottled up In Committee for over a Mr. EDWARDS of Alabama. Mr. disclosure which arise almost daily in a year. Certainly, information regarding the Speaker, I rise in support of S. 1160 fast-moving and technological age- business of the government should'be shared which Is effectively the same as my bill, problems which serve only lead our with the people. The screen of secrecy which H.R. 6739, introduced March 25, 1965. to now exists is a barrier to reporters as repre citizens to question the integrity and sentatives of the public, to citizens In pur This measure should have been ap credibility of their Government and its suit of Information vital to their welfare, and proved and signed into law long ago as administrators. to Members of Congress as they seek to carry a means of giving the American citizen But while I do not condone indis out their constitutional functions. a greater measure of protection against criminate and unauthorized withhold Under this legislation, if a request for the natural ten~encies of the bureauc ing of public information by any Gov information Is denied, the aggrieved person racy to prevent information from circu ernment official, the primary responsi has a right to file an action In a U.S. District lating freely. Court, and such court may order the pro bility, in my judgment, rests with us in duction of any agency records that are im I am hopeful that in spite of the Presi the Congress. We, as the elected repre properly withheld. So that the court may dent's opposition to this bill, and in spite sentatives of the people, must provide an consider the propriety of withholding. rather of the opposition of executive branch explicit and meaningful public informa than being restricted to judicial sanctioning agencies and departments, the President tion law, and we must then insure that of agency discretion, the proceedings are de will not veto it, .the intent of Congress is not circum novo. In the trial, the burden of proof is This measure will not by any means correctly placed upon the agency. A private vented in the future. The Senate recog Citizen cannot be asked to prove that an solve all of our problems regarding the nized this responsibility when it passed agency has withheld information improperly citizen's right to know what his Govern S. 1160 during the first session last year, for he does not know the basis for, the·agency ment is doing. It wlll still be true that and I am hopeful that Members of the action. we must rely on the electorate's vigorous House will overwhelmingly endorse this Certainly, as the Committee report has pursuit of the information needed to measure before us today. stated: "No Government employee at any make self-government work, And we wl.ll I do not believe that any agency of level beHeves that the 'publ1c interest' would still rely on the work of an energetic and Government can argue in good faith be served by disclosure of his failures or thorough corps of news reporters. wrongdoings ..." For example, the cost esti· against the intent of this legislation now mates submitted by contractors In connection As an example of the need for this bill under consideration, for the blll contains with the the multimillion-dollar deep sea I have previously presented information sUfficient safeguards for protecting vital "Mohole" project were withheld from the appearing on page 12600 of the CON defense information and other sensitive public even through it appeared that the firm GRESSIONAL RECORD for June 8. It shows data which might in some way be detri which had won the lucrative contract had not that one Government agency has made mental to the Government or individuals submitted the lowest bid. Moreover. it was it; a practice to refuse to yield informa If improperly released. S. 1160 contains only as a result of searching inquiries by the tion which is significant to operation of press and Senator KUCHER (R., Cal.) that basically the same exceptions as recom PreSident Kennedy Intervened to reverse the the law. mended in my bill-H.R. 5021. In spon National Science Foundation's decision that This kind of example is being repeated soring H.R. 5021, I felt that it would en It would not be "in the public Interest" to many times over. In a day of swiftly able all agencies to follow a uniform sys disclose these estimates. expanding Government powers, and in a tem to insure adequate dissemination of The requirements for disclosure in the day on which thoughtful citizens the authorized information, thereby remov present law are so hedged with restrictions cOWltry over are concerned with the en ing much of the confusion resulting from that it has been cited as the statutory au croachment of Government into the fives differing policies now posslbie under ex thority for 24 separate classifications devised of all of us, the need for this b1llis clear. isting law. by Federal agencies to keep administrative Information from public view. Bureaucratic Mrs. REID of minois. Mr. Speaker, Government by secrecy, whether in gobbledygook used to deny access to informa as the sponsor of H.R. 5021, one of the tentional or accidental, benefits no one tion has included such gems as: "Eyes Only," COmpanion bills to S. 1160 which we are and, in fact, seriously injures the people "Limited Official Use," "Confidential Treat COnsidering today, I rise in support of it is designed to serve. This legislation ment," and "Limitation on AvailabU1ty of the public's right to know the facts about will establish a much-needed un1form Equipment for Public Reference." This paper 13658 CONGRESSIONAL RECORD - HOUSE June 2¥), 1966 curtain must be pierced. This bill is an im does not have an inherent right to con through administrative "magi~" much of portant first step. ceal. that infOrmati~' which is pubijc domain In this period of selectIve disclosures, Certainly to deny to the public infor Through thi legislation we will em~ managed news, half-truths, and admItted mation which is essential neither to gov phasize once. a '~fl.in the publiC'S right to dIstortIons, the need for this legislatIon Is It abundantly clear. High ofHclals have ernment security nor to internal personal know. is thil)ugh sheer neglect that warned that our Government Is In grave and practical functions is to deny any re we must again c~ftne perspns "directly danger of losIng the public'S confidence both view of policies, findings, and decisions. concerned" as the American public. For at home and abroad. The credibUlty gap that It would be hard to imagine any agency. they are the most concernel~ The Amer. has afi'ooted the AdmInistration pronounce including those of executive charter, ican public must have the right of in ments on domestiC afi'airs and Vietnam has which is entitled to be above public ex spection into its own: government or that spread to other parts of the world. The on amination and criticism. government fails to belong to the pub. again, ofi'-agaln, obviously less-than-truthful lic. manner In which the reduction of American The need for legislation to amend the forces In Europe bas been handled has made present section of the Administrative Doling out partial information only this conntry the snbJect of ridicule and jokes. Procedures Act is especially apparent cripples the electorate which needs to be "Would you believe?" has now become more when we consider that much of the in strong if a democratic government is to than a clever saying. It is a legitimate formation now withheld from the public exist. Inquiry. directly affects matters clearly within But this is only half the battle in keep Americans have always taken great pride the public domain. ing the scales of democracy in balance. in their Individual and national credlb1l1ty. For too long and with too much en While we are striving to keep the citi We have recognized that men and nations zens informed in the workings of their can be no better than their word. This legis thusiasm by some Goverment agencies lation will help to blaze a trail of truthful and too much acquiescence by the public. government, we must also protect the ness and accurate disclosure In what has be executive agencies have become little citizen's right of privacy. come a jungle of fala1ftcatlon, unjustified fiefdoms where the head of a particular The alarming number of instances of secrecy, and misstatement by statistic. The agency assumes sole power to decide what governmental invasion into individual Republican Policy Committee urges the information shall be made available and privacy is as dangerous, if not more so, prompt enactment of S. 1160. ,then only in an attitude of noblesse than the instances of governmental sec. Mr. SCHMIDHAUSER. Mr. Speak oblige. crecy. At almost every turn the Govern er, I believe approval of S. 1160 is abso S. 1160 will amend section 3 of the Ad ment has been encroaching without law lutely essential to the integrity and ministrative Procedures Act by allowing into the business-and yes, even into the strength of our democratic system of any person access to 1n!ormation-not private thoughts-of the individual. government because as the Federal Gov just those "persons properly and directly This is probably tbe fastest growing ernmenb-, has extended its activities to concerned." And if access is denied to and potentially the most dangerous act help solve the Nation's problems, the him he may appeal the agency's deci in our Nation today. bureaucracy has developed its own form sion and apply to the Federal courts. The instances of wiretapping by gov of procedures and case law, which is not Consider the contractor whose low bid ernmental agencies have become so com always in the best interests of the pub has been summarily rejected without any monplace that it no longer stuns the av lic. Under the provisions of this meas logical explanation or the conscientious erage citizen. But such a repulsive act ure, these administrative procedures will newspaperman who is seeking material cannot afford to go uncorrected. Such have to bear the scrutiny of the public for a serious article that he is preparing practices should never be permitted with as well as that of Congress. This has on the operations of a particular agency out a court order. long been overdue. of Government. In many instances if When we discover the training of lock Mr. ROUSH. Mr. Speaker, I rise in records can in one fashion or another be pickers, wiretappers, safecrackers, and support of this freedom of information committed to the "agency's use only" eavesdroppers in governmental agencies, bill. I felt at the time it was acted upon or "Government security" filing cabinets, the bounds of a democratic society have by the Government Operations Commit the contractor or newsman will be denied been overstepped and we approach the tee, of which I am a member, that it information simply by having the agency realm of a police state. was one of the most significant pieces of classify him as a person not "properly Let us not be satisfied that we are cor· legislation we had ever acted upon. In and directly concerned." When this oc recting some of the evils of a much too a democracy the government's business curs, the arbitrary use of the power of secretive bureaucracy. is the people's business. When we de government can thwart an investigation Let us also· remember that if we do not prive the people of knowledge of what which is in the public interest. stop those inquisitive tentacles whicb their government is doing then we are It was Thomas Jefferson who wrote: threaten to slowly choke all personal indeed treading on dangerous ground. freedoms, we will soon forget that our I have sworn upon the altar of God eter. laws are geared to protect personalliber Weare trespassing on their right to nal hostility against every form of tyranny know. We are depriving them of the over the mind of man. ty. opportunity to examine critically the ef "Where law ends," William Pitt said, forts to those who are chosen to labor It is precisely this tyranny over the "Tyranny begins." on their behalf. The strength of our sys "mind of man" which is aided and Action is also needed by the Congress tem lies in the fact that we strive for an abetted by a lack of freedom of informa to stop this illegal and unauthorized gOV enlightened and knowledgeable elector tion within government. ernmental invasion of a citizen's privaCY. ate. We defeat this goal when we hide I support the efforts contained within Mr. GALLAGHER. Mr. Speaker, his information behind a cloak of secrecy. this bill to at least partially unshackle tory and American tradition demand We realize our goal when we make avail some of the restraints on the free fiow of passage today of the freedom of infonnai able, to those who exercise their right legitimate public information that have tion bill. This measure not only wil to choose, facts and information which grown up within bureaucracy in recent close the final gap in public information which lead them to enlightened de years. laws. but it will once and for all establish cisions. Mr. ROGERS of Florida. Mr. Speak the public's right to know certain facts Mr. ANDERSON of TIlinois. Mr. er, in a time where public records are about its government. Speaker, I rise in support of S. 1160. The more and more becoming private instru In recent years we have seen both the purpose of this bill is to amend section ments of the Government and personal legislative and the executive branches '1 3 of the Administrative Procedures Act privacy part of Government record, I am our Government demonstrate a mutua and thereby to lift the veil of secrecy pleased that we are taking steps to elim concern over the increase of instanCe~ that makes many of the information inate part of the cloud of secrecy which within the Federal Government in whic "closets" of executive agencies inacces has covered so many parts of the Gov Information was arbitrarily denied the sible to the public. The basic considera ernment. press or the public in general. In 1958. tion involved in passage of this bill, which As an instrument of the people, we Congress struck down the practice unde~ will clarify and protect the right of the have long had the obligation under the which department heads used a Fedeg- public to information, is that in a de Constitution to lay bare the mechanics statute. permitting them to regulate e mocracy like ours the people have an in of government. But the growing tend storage and use of Government recore::' herent right to know, and government ency, I am afraid, has been to cover up to withhold these records from the pu • 1966 CONGRESSIONAL RECORD - HOUSE 13659
}"Our years later, Pn;'sident Kennedy road when his request for a Government and commercia~ or financial informa ~Ited the concept of "Executive privi document arbitrarily has been turned tion." Information from private citizens W-" which allowed the President to down by some bureaucrat. Unless the would be protected under No, 6-1nfor je8'e. old information from Congress, to information the citizen is Se€king falls mation which would be an "invasion of 1fi~be Pre~dent. and not to his officers. clearly within one of the exemptions privacy." nt Johnson last year affirmed this listed in the bill, he can seek court action With the Government becoming larger n. to make the information available. and more complex, now is the time for one loophole remains: Section 3 An important impact of the provision Congress to establish guidelines for in the Administrative Procedure Act of Is that in any court action the burden of formational disclosure. As secrecy in of946 the basIc law relatIng to release of the proof for withholding is placed solely Government increases, freedom of the :_£onnatlon concerning agency decisions on the agency. As might be expected, people decreases; and the less citizens ~ public access to Government records. Government witnesses testifying before know about their Government, the more 1160 would amend this section. the House Foreign Operations and Gov removed they become from Its control. S. Congress enacted this legislation with ernment InformatIon Subcommittee on The freedom of information bill. Mr. the intent that the public's right to In the bill, vigorously opposed the court Speaker, gives meaning to the freedom to!1llation would be respected. Unfortu provision. They particularly did not like of sPe€ch amendment. some Government officials have the idea that the burden of proof for Mr. GURNEY. Mr. Speaker, I intend this law for the diametrically withholding would be placed on the agen to vote in favor of this vitally important use of withholding information cies, arguing that historically, in court freedom of information b1ll. With all we from COngress, the press, and the public. actions, the burden of proof is the re hear about the necessity of "truth" bills, Onder the cloak of such generalized sponsibility of the plaintiff. But. as the such as truth in lending and truth in I!r3SCs In section 3 as "in the public in committee report points out: packaging, I think it is significant that ~est" or "for good cause found," vir A private citizen cannot be asked to prove the first of these to be discussed on the tuallY any information, whether actu that an agency has withheld information fioor of this House should be a "truth in allY confidentlal or simply embarrassing imp~operly because he will not know the rea Government" bill. tAl some member of the Federal Govern SOi:~["r the agency action. Surely there can be no better place to ment, could be withheld. As Eugene start telling the truth to the people of Paterson, editor of the Atlanta Consti It can be anticipated that the judicial America than right here In their own tution and chairman of the Fre€dom of review provision, if nothing else, will have Government. This is especially true in a Information Committee of the American a major salutary effect. in tl1at Govern time such as we have now, when the SoCiety of Newspapers said, such justifi ment employees, down the line, are going "credibility gap" is growing wider every cations for secrecy "could clap a lid on to be very cautious about placing a day. It has come to the pOint where even just about anybody's out-tray." secrecy stamp on a document that a dis Government leaders cannot believe each But more than contemporary needs, trict court laterm,l.gb.LQrd~!"to ,be PXQ other. this bill relates to a pUlar of our democ duced. A monumental error in judg This is a bill that should not be neces racy. the fre€dom expressed in the first ment' of this type certainly will not sary-there should be no question but l\Illendment guaranteeing the right of enhance an employee's status with his that records of a nonsecurity and non speech. superiors. nor with anyone else in the personal nature ought to be available to executive branch. Inherent in the right to speak and the the public. But recent practice ~ many right to print was the right to know- I am glad to note the judicial review agencies and departments has made section has an enforcement clause which more than clear the need for action such states Dr. Harold L. Cross, of the provides that if there is a noncompliance as we are taking today, ASNE's Freedom of Information Com with a court order to produce records, We cannot expect the American people mittee. He pointed out: the responsible agency Officers can be to exercise their rights and repsonsib11i TIle right to speak and the right to print. cited for contempt. ties as citizens when they cannot even Without the right to know, are pretty empty. There has be€n some speculation that find out what their Government is doing James Madison, who was chairman of in strengthening the right of access ~ with their money. If it were permitted to the committee that drafted the first Government information. the bill. as continue, this policy of secrecy could be Constitution, had this to say: drafted, may inadvertently permit the the cornerstone of a totalitarian bu disclosure of certain types of information !tnowledge Will :forever govern Ignorance, reaucracy. Even today it constitutes a and a people who mean to be their own now kept secret by Executive order in serious threat to our democratic insti governors, must arm themselves with the the interest of national security. tutIons. POwer knowledge gives. A popular govern Such speculation is without founda Itis not only the citizens and the press llIent without popular Information or meaus tion. The committee, throUghout its ex who cannot get information from their Of acquiring it. Is but a prolOgue to a farce tensive hearings on the legislation and Government. Even Senators and Mem or a tragedy or perhaps both. in its subsequent report, has made it bers of the House of Representatives are This is the crux of the question. A crystal clear that the bUl in no way told by nonsecurity departments that free SOCiety ne€ds the information re affects categories of information which such routine information as lists ,of their Q\J1red for Judgments about the opera the President-as stated in the com employees will not be furnished them. tion of its elected representatives, or it is mittee report-has determined must be Incredible as this is, I think most of us ~?, longer a free society. Naturally, a classified to protect the national defense here have run into similar roadblocks. -...ance has to be maintained between or to advance foreign policy. These areas The issue is a simple one: that the pub the public's right to know and individual of information most generally are classi lic's business OUght to be open to tlle pub Privacy and national security. fied under Executive Order No. 10501. lic. Too many agencies seem to have lost It is here that the freedom of informa.. I would like to reiterate that the bill sight of the fact that they work for the tion bill comes to grips with the central also prevents the disclosure of other American people. When this attitude is problem of the issue by substitUting nine types of "sensitive" Government infor allowed to fiourish, and when the people SPeCific exemptions to disclosure for gen mation such as FBI files, income tax no longer have the right to information eral categoriec-, and by setting up a court auditors' manual. records of labor-man about their Government's activities. our reView procedure, under which an ag agement mediation negotiations and system has been seriously undermined. grieved Citizen could appeal with the information a private citizen voluntarily The bill we consider today is essential Withholdlng of information to a U.S. dis supplies. if we are to stop this undermining and tlictcourt. The FBI would be protected under restore to our citizens their right to be , ,One of the most important provisions exemption No. '1 prohibiting disclosures well-informed participants in their Gov q the b111 is subsection C, which grants of "investigatory files." Income tax ernment. authOrity to the Federal district courts auditors' manual would be protected I urge my colleagues to join me in vot to order production of records improp under No. 2-"related solely to internal ing for the passage of this b1l1. erly Withheld. This means that for the personnel rules and practices." Details Mrs. DWYER. Mr. Speaker, the pres ~rst time in the Government's history, a of labor-management negotiations would ent bUl is one of the most important to CitiZen will no longer be at the end of the be protected under No. 4-"trade secrets be considered during the 89th Congress. 13660 CONGRESSIONAL RECORD - HOUSE June ~o, 1966 It goes to the heart of our representa tion for the simple reason that they need need to be readi1W' accessible Jmd resPon tive and democratic form of government. it in order to behave as intelligent, in sive to the dem$hds of the r4e0Ple. Ou If enacted, and I feel certain it will be, formed and responsible citizens. Con system of goveflnment has ~haracteris: it will be good for the people and good for versely, the Government has an obliga tically offered n'lip:nerous aVfb.ues of ac the Federal Government. tion, which the present bill makes clear cess open to the people. .ilt is eqUally This bill is the product of 10 years of and concrete, to make this information true that, down through tile years, our effort to strengthen the people's right fully available without unnecessary ex governmental machinery has grown 1n to know what their Government is doing, ceptions or delay-however embarrass creasingly complex, not only in regard to guarantee the people's access to Gov ing such information may be to individ to size, but in the performance of its ernment records, and to prevent Govern ual officials or agencies or the adminis activities as well. This growing COlIl ment officials from hiding their mistakes tration which happens to be in office. plexity has, quite justifiably, brought to behind a wall of official secrecy. By improving citizens' access to Gov ultimate fruition a revitalized awareneSs During these 10 years, we have con ernment information, Mr. Speaker, this and concern for the need and right of the ducted detailed studies, held lengthy and legislation will do two things of major people to have made available to them repeated hearings, and compiled hun importance: it will strengthen citizen information about the affairs of their dreds of cases of the improper withhold control of their Government and it w1ll Government. ing of information by Government agen force the Government to be more respon S. 1160, the Federal Public Records cies. Congress is ready. I am confident, sible and prudent in making public pol Act, a bill authored by my distinguished to reject administration claims that it icy decisions. and capable colleague from MiSSOUri, alone has the right to decide what the What more can we ask of any legis Senator EDWARD V. LoNG, captures the public can know. lation? imagination of countless m1llions of re As the ranking minOrity member of Mr. MATSUNAGA. Mr. Speaker, I sponsible Americans, who know only too the Committee on Government Opera rise in support of S. 1160, a bill to clarify well the frustration of being rejected in tions, and as a sponsor of legislation and protect the right of the public to in formation to which they justly deserve similar to the pending bill, I am proud formation, and to commend the gentle access. to pay tribute to the chairman and mem man from California [Mr. Moss] and his For far too long,. guidelines for the bers of the Subcommittee on Foreign subcommittee for reporting the bill out. proper disclosure of public information Operations and Government Operations As chairman of the subcommittee, the by the Government have been ambiguous for tht) long and careful and effective gentleman from California [Mr. Moss] and at times have placed unwarranted work they have done in alerting the has devoted 10 years to a fight for ac restraint on knowledge that, according country to the problem and in winning ceptance by the Congress of freedom-of to our democratic tradition, should be acceptance of a workable solution. information legislation. It was not un made readily available to a free and Under 'present law, Mr. Speaker, im til 1964 that such a bill was passed by literate society. proper withholding of information has the Senate. Mr. Speaker, I congratulate the gen increased-largely because of loopholes Last year the Senate again acted fav tleman from California, [Mr. Moss], in the law, vague and undefined stand orably on such a bill and now in this chairman of the Government Informa ards, and the fact that the burden of House, the Subcommittee on Govern tion Subcommittee of the House of Rep proof is placed on the public rather than ment Operations has finally reported the resentatives, and my colleague from Mis on the Government. bill to the fioor principally through the souri, Senator EDWARD V. LoNG, for their Our b1ll will close these loopholes, effort of the gentleman from California spirited conviction and farsightedness in tighten standards, and force Federal of [Mr. Moss 1. working for this historical landmark for ficials to justify publicly any decision to The passage of this bill is in culmina freedom.. It is both an honor and privi withhold information. tion of his long and determined effort to lege to support the passage of this bill. Under this legislation, all Federal de protect the American public from the Mr. CLARENCE J. BROWN, JR. Mr. partments and agencies will be required evils of secret government. Although Speaker, I should like to go on record as to make available to the public and the there has been some talk that the Gov favoring S. 1160. the freedom of infor press all their records and other infor ernment agencies are against this meas mation bill; H.R. 13196, the Allied mation not specifically exempted by law. ure, the President will certainly not veto Health Professions Training Act; and By thus assuring to all persons the right it. When Signed into law, this bill will H.R. 15119, the Unemployment Insur of access to Government records, the b1ll serve as a lasting monument to the dis ance Amendments of 1966. All of these will place the burden of proof on Federal tinguished and dedicated public servant measures passed the House last week, agencies to justify withholding of infor from CalifOrnia, Mr. JOHN E. Moss. but my vote was unrecorded due to mY mation. And by providing for court re As it has been analytically observed by absence from the House when the billS view of withholding of information, the the editor of the Honolulu Star-Bulletin: were acted upon. bill w1ll give citizens a remedy for im 'What Is demanded is not the right to During this period I was in Georgia. proper withholding, since Federal dis snoop. What Is demanded is the people's where I had the pleasure of addressing trict courts will be authorized to order right to know what goes on in the govern the Georgia Press Association, to meet a the production of records which are ment that rules them with their consent. commitment made several months ago found to be improperly withheld. Representative government-government when I was named judge of the Georgia by the freely elected representatives of the Press Association's annual Better-News On tht) other hand, Mr. Speaker, the people---.suooeeds only when the people are legislation is designed to recognize the fully informed. papers Contest. need of the Government to prevent the All sorts of evlls can hide in the shadows My absence from the House came at a dissemination of official information of governmental secrecy. History has con time when it was apparent that no verY which could damage the national secu firmed time and again that when the spot controversial legislation would be UP for rity or harm individual rights. Among llght is turned on wrongdoing in public life, consideration and vote. These three the classes of information specifically the people are quick to react. bills passed either unanimously or with exempted from the right-to-know provi Freedom of information-the people's a very small negative vote. sions of the bill are national defense and right to know-is the best assurance we have As you might properly assume frorn that our government w1ll operate as it should foreign policy matters of classifiedse the reason for my absence, I am p~r crecy as specifically determined by Ex in the publlc interest. tieuiarly interested in and pleased Wlth ecutive order, trade secrets and private Mr. Speaker, I congratulate the gentle the passage of the freedom of lnforlJUl. business data, and material in personnel man from California [Mr. Moss] upon tion bill, which originated in the Gov~ rues relating to personal and private his final success in his untiring efforts, ernment Operations Committee 0 matters the use of which would clearly for there Is no doubt in my mind that which I serve. f be an invasion of privacy. this bill will pass without any dissenting I am also pleased at the passage 0 Aside from these and related excep vote, but I nevertheless urge unanimous H.R. 15119, the unemployment i~ur tious, relatively few in number, it is an vote. ance amendments blll, which proVIde: unassailable principle of our free system Mr. HUNGATE. Mr. Speaker, demo for a long overdue modernization of th that private citizens have a right to ob cratic forms of government, in order to Federal-State unemployment compensa tain public records and public informa be truly representative of popular will, tion system. Ju,ne 20, 1966 CONGRESSIONAL RECORD - HOUSE 13661 These bills have long been needed, and Carter Hungate Randall Diggs Huot POWell I am proud to be a Member of the House Casey Hutchlnoon Redlin Dingell Jennings Price Cederberg lebord Rees Donohue Jonas Purcell in the 89th Congress at the time of their Chamberlain Irwin ReId, D1. Duncan, Oreg. Jones, N.C. Quillen passage, Chelf JacobS Reid, N.Y. Dwyer Kee Reifel As a newspaper publisher and radio Clark Jarman Reinecke Ellsworth Keith Resnick station manager, I have been interested Clawson, Del Joelson Reuss Everett Keogh Roberts Cleveland Johnson, Calif. RhOdes, Ariz. Evins. Tenn. K!ng, N.Y. Rooney. N.Y. in public access to public records and Clevenger Johnson, Okla. Rhodes, Pa. Fallon Kluczynskl ROoney,Pa. public business since my journalistic Colmer Johnson, pa. Rivers,'Alaska Farbsteln Landrum Rostenkowskl career began. As a member of Sigma Conable Jones, Ala. Rivers, S.C. Feighan Lennon Roudebush Conte Jones, Mo. Robison Fino Long,La. Roybal pelta Chi, and a past president of the Corbett Karsten Rodino Flood Long. Md. Scneuer Central Ohio Professional Chapter Curtis Karth Rogers, Colo. Flynt McDowell Scott of Sigma Delta Chi, I am dedicated to the Dague Kastenmeler Rogers, Fla. Fogarty McMllIan Shipley Daniels Kelly Rogers, Tex. Fraser MaCdonald Springer proposition expressed in the biblical ad DaVis, Wis. King, Calif. Ronan Gilbert Mackie Stafford nl0nition that the "truth shall make men Dawson King, Utah Roncallo Gilligan MarUn, Mass. StEed free." I am also a supporter of Jeffer de la Garza Kirwan Rosenthal Goodell Mathias Stephens Denton Kornegay Roush GrabOwski May TholllAS son's view suggesting that, given a choice Derwinski Krebs Rumsfeld Gray Minshall Toll between government without news Devine Kunkel Ryan Hagan, Ga. Morrison Trimble papers and newspapers without govern Dickinson Kupferman Sattsrl'leld Halleck Multer Walker, Miss. Dole Laird St Germain Hamilton Murray Watson ment, I would prefer the latter. Dorn Langen St.Onge Hanley Nix WhalleJ If one cannot support the principle of Dow Latta Saylor Hansen, Iowa O'Brien Williams the availability to the public of its gov Dowdy Leggett Schisler Barsha Olson, Minn. Willis Downing Lipscomb Schmldhauser Berlong O'Neill, Mass. Wilson,Bob ernmental records, as covered in this bill, Dulski Love Schneebell Holifield Passman Wolff one cannot support the principle of free Duncan, Tenn. McCarthy Schweiker Horton Pepper Wright dom and democracy upon which our Na Dyal McClory Secrest Howard Plrnie tion is built. Edmondson McCUlloch Selden Edwards, Ala. McDade Senner So the bUl was passed. While a I feel the freedom of informa Edwards, Cali!. McEwen Shriver The Clerk announced the following tion bill could still be strengthened in Edwards, La. McFall Sickles pairs: some respects, I am4elighted with it as a Erlenbom McGrath Sikes Evans, Colo. McVicker Sisk Mr. Hamilton with Mr. King of New York. tremendous step in reaffirming the peo Farnsley MacGregor Skubltz Mr. Scott with :Mr. Callaway. ples' right to know. Every good journal Farnum Machen Slack Mr. Cooley with :Mr. Jonas. iSt also rejoices, because the bill will make Fascell Mackay Smith, Calif. Findley Madden Smith, Iowa Mr. Multer with :Mr. Fino. easier the job of the dedicated, inquiring' Fisher Mahon Smith, N.Y. :Mr. Evins with Mrs. May. newspaperman. It will not prevent Foley MaUllard Smith, Va. :Mr. Howard with Mrs. Dwyer. "government by press release" or the Ford, Gen.ld R. Marsh Staggers Mr. Culver with Mr. Reifel. seduction of some reporters by thinking Ford, Martin, Ala Stalbaum :Mr. Grabowski with Mr. Bow. William D. Martin, Nebr. Stanton Mr. Holifield with :Mr. Bob Wilson. that "handouts" tell the whole story. Fountain Matsunaga Stratton but it does make life a Uttle easier for all FrellnghUySen Matthews Stubblefield Mr. Roberts with :Mr. Whalley. of us who just want to get the facts, Mr. Friedel Meeds SUlUvan :Mr. Long of Louisiana with Mr. Quillen.. FUlton, P1I Michel Sweeney Mr. Cohelan with :Mr. Horton. Speaker. Fulton, Tenn. Miller Talcott Mr. Keogh with Mr. oahill. While the record will show that I was Fuqua. Mills Taylor Mrs. Thomas with :Mr. Springer. paired in favor of all three of these bills, Gallagher Minish Teague,Oallf. Mr. Walt! with:Mr, Pirnie. Garmatz Mink Teague, Tel:. :Mr. Pepper with :Mr. Martin, of Massachu I did want to take this opportunity to Gathings Mille Tenzer express my support publicly for them Gettys Moeller Thompson, N.J. setts. and, in particular, for the freedom of Giaimo Monagan Thompson. Tex :Mr. Herlong with Mr. Harsha. Gibbons Moore Thomson, Wis. Mr. Duncan of Oregon with Mr. Minshall. Information bill, which I think is a real Gonzalez Moorhead Todd :Mr. Jones of North Carolina with Mr. milestone for this Nation. Green, Oreg. Morgan TUck oramer. The SPEAKER. The question is on Green, Fa. Morris TUnney :Mr. Steed with :Mr. Brown of Ohio. Grelgg Morse Tupper :Mr. Blatnik with Mr. Colller. the motion of the gentleman from Cali Grider Morton TUten fornia [Mr. Moss], that the House sus GriffithB Mosher Udall Mr. Mackie with Mr. Mathias. pend the rules and pass the bill S. 1160. Gross Moss Ullman :Mr. Addabbo with :Mr. Keith. The question was taken; and the Grover Murphy, m. Utt Mr. Williams with :Mr. Walker of Missis Gubser Murphy, N.Y. Van Deel'Un sippI. Speaker announced that two-thirds had Gurney Natcher Vanik Mr. Davis of Georgia with Mr. Berry. voted infavor thereof. Hagen, Calif. Nedzl VlgOlrlto Mr. Trimble with Mr. Halleck. Mr. REID of New York. Mr. Speaker, Haley Nelsen Vivian Hall O'Hara, m. WaggolUl« Mr. Flood with Mr. Andrews Of North I object to the vote on the ground that a Halpern O'Hara, Mich. Waldie, Dakota. quorum 1s not present and make the Hanna O'Konaki Walker, N. Mex. Mr. Shipley with Mr. Adair. pOint of order that a quorum is not Hansen, Idaho Olsen, Mont. Watkins Mr. Dingell with Mr. StatIord. present. Hansen, Wash. O'Neal, Ga. Watts :Mr. Wright with Mr. Roudebush. Hardy Ottinger Weltner Mr. Everett with Mr. Olaney. The SPEAKER. Evidently a quorum Harvey, Ind. Patroa.n White, Idaho Mr. Willis with Mr. Goodell. is not present. The Doorkeeper will close Harvey. Mich. Patten White, Tex. Hathaway Pelly Whitener Mr. Fraser with Mr. Ellsworth. the doors, the Sergeant at Arms will Hawkins Perkins Whitten Mr. Morrison with Mr. Curtin. notify absent Members, and the Clerk Hays Philbin Wldnall :Mr. Resnick with Mr. Don H, Clausen. Will call the roll. Hebert Pickle Wilson, Mr. Brooks with Mr. Cunningham. The question was taken; and there Hechler Pike Charles H. Mr. Stephens with Mr. Bray. Helstoskl Poage Wyatt :Mr. Annunzlo with :Mr. Watson. were-yeas 308, nays 0, not voting 125, Henderson Poff Wydler as follows: Hicks Pool Yates Mr. Celler with Mr. Ashmore. Holland Pucinskl Young Mr. Ashley with:Mr. Roybal. (Roll No. 147) Hosmer Quie Younger Mr. Diggs with Mr. Scheuer. YEAS-1l08 Hull Race Zablocki Mr. Jennings with:Mr. Purcell. Abbitt Bandstra Broomfield NAYS--O Mr. Fallon with :Mr. McMillan. Abernethy Baring Brown, Calif. NOT VOTING-125 Mr. DaddariO with Mr. McDowell. Adams Barrett BroyhllI, N.C. Mr. conyers with Mr. O'Brien. Albert Bates Broyhill, Va. Adair Bray Conyers Anderson, Ill. Battin Buchanan Addabbo Brooks Cooley Mr. Hagan of Georgia with Mr. Murray. Anderson, Beckworth Burke Andrews, Brown, Olar Corman Mr. Rooney of New York with Mr. Feighan. Tenn Belcher Burleson N.Dak. ence J., Jr. Craley Mr. Rostenkowskl with Mr. Powell. An<1rews, ' Bell Burton, Calif. Annunzlo Cahill Cramer Mr. Gilligan with Mr. Kee. George;W. Bennett Burton, Utah Ashley Calleway Culver Andrewa; Betts Byrne,Pa. Ashmore Celle:r CUnningham. Mr. Huot with Mr. Nix. , G~nn Bingham Byrnes, Wis. BenT Clancy Curtin Mr. Donohue with :Mr. Long of Maryland. Arends Boggs Cabell Blatnik Clausen, Daddario Mr. Pent with Mr. Lennon. Ashbrook BOland Callan BollIng DonH. Davis, Ga. Mr. Flynt with :Mr. Passman. ••l/I.sAplnall BradelllAS Cameron Bolton Cohelan Delaney , free Brock CalW ' Bow COllier Dent Mr. oonnan with :Mr. Olson of MI;mesota. 13662 CONGRESSIONAL RECORD - HOUSE June 20, 1966 Mr. Craley with Mr. O'Ne11l of Massachu setts. Mr. Delaney with Mr. Macdonald. Mr. Farbsteln with Mr. Toll. Mr. Fogarty with Mr. Rooney of Pennsyl vania. Mr. Gllbert with Mr. Price. Mr. Gray with Mr. Landrum. Mr. Hanley with Mr. Kluczynskl. Mr. Hansen of Iowa with Mrs. Bolton. The result of the vote was announced as above recorded. The doors were opened. A motion to reconsider was laid on the table.