November 15, 2010 CONGRESSIONAL RECORD — SENATE S7885 in managing the appearance of that of- ship we enjoyed and the wonderful deeply value openness, transparency fice with attention to detail and com- memories of that friendship that re- and accountability in our government, mendable diplomacy. main so vivid at this moment. I urge the Court to reject efforts to Although he sometimes displayed a f broaden the personal privacy exemp- choice of sharp words and even some tion to FOIA to include corporate in- short public displays of temper, I ap- HONORING OUR ARMED FORCES formation. preciated that each conversation I en- STAFF SERGEANT KENNETH K. MC ANINCH A decade after Congress first enacted joyed with him was businesslike, Mr. BAYH. Mr. President, I rise the Freedom of Information Act, Con- friendly, and educational. today to honor the life of SSG Kenneth gress created an exemption to this law I did not have the privilege of serving K. McAninch of the U.S. Army and Lo- for law enforcement records that con- on the major committees which Ted gansport, IN. tain sensitive personal information. chaired, but I did enjoy, especially, our Staff Sergeant McAninch was as- The so-called ‘‘personal privacy exemp- work on the Arms Control Observer signed to the 1st Battalion, 506th Infan- tion’’ for law enforcement records— Group. In 1986, President Ronald try Regiment, 101st Airborne Division FOIA exemption 7(C)—allows the gov- Reagan, anticipating intensive nego- at Fort Campbell, KY. He was 28 years ernment to withhold information con- tiations with the Soviet Union over po- old when he lost his life on October 21, tained in its investigatory files that tential reductions of nuclear weapons 2010, while serving bravely in support ‘‘could reasonably be expected to con- and other weapons of mass destruction, of Operation Enduring Freedom in stitute an unwarranted invasion of per- appointed a bipartisan Arms Control Paktika Province, Afghanistan. He was sonal privacy.’’ Observer Group to proceed to Geneva, By creating this exemption, Congress serving his third tour of duty. Switzerland, and monitor what were intended to shield from public disclo- A native Hoosier, Kenny attended anticipated to be spirited and produc- sure sensitive personal information Lewis Cass Junior-Senior High School tive negotiations. The Arms Control about individuals who may be men- in Walton, IN. His principal described Observer Group would then be in a po- tioned in government files. However, Kenny as ‘‘one of those kids who al- sition to lead the debate on the Senate Congress never intended for this ex- ways worked hard to get things done.’’ floor to obtain the two-thirds majority emption to apply to corporations. Staff Sergeant McAninch enlisted in needed for a historical arms control The legislative history for the per- the U.S. Army in 2005. A decorated sol- agreement with the Soviet Union. sonal privacy exemption makes clear dier, his awards include the Joint Serv- Senator Robert Byrd and Senator that Congress intended for this exemp- ice Commendation Medal, Joint Serv- Robert Dole were appointed to the tion to protect an individual’s right to ice Achievement Medal, Joint Meri- group along with other Senators such privacy. Indeed, when the Senate de- torious Unit Award, Army Good Con- as Ted Kennedy, Al Gore, and Sam bated this exemption in May of 1974, duct Medal, and the National Defense Nunn, who made substantial contribu- Senator Philip Hart, who drafted the Service Medal. tions to consideration of the negotia- personal privacy exemption, remarked Staff Sergeant McAninch was a de- tions with the Soviets over many that ‘‘the protection for personal pri- voted husband, father, and son. I join years. vacy included in [the exemption] . . . is Ted and his wife Catherine took the his family and friends in mourning his part of the sixth exemption [to FOIA] assignment so seriously that they death. He is survived by his wife, in the present law. By adding the pro- rented an apartment in Geneva antici- Shawnna McAninch; his children, Jere- tective language here, we simply make pating that they would stay and con- miah, Braxton, Brayden, Colby, and clear that the protections in the sixth tinue to monitor the negotiations even Shyanne; his father, Marvin McAninch exemption for personal privacy also after the Senators had returned to of Logansport, IN; and his mother, apply to disclosure under the seventh their normal debates on the Senate Cheryl Nance of Peru, IN. exemption. I wish to also make it floor. We take pride in the example of this clear, in case there is any doubt, that Unfortunately, negotiations did not American hero, even as we struggle to this clause is intended to protect the proceed rapidly and, as a matter of express our sorrow over this loss. We privacy of any person mentioned in the fact, took several years to reach matu- cherish the legacy of his service and requested files, and not only the person rity. But Ted Stevens remained a his life. who is the object of the investigation.’’ thoughtful and vigilant observer in Ge- As I search for words to honor this Former Senator Roman Hruska also neva, in Washington, and in other fallen soldier, I recall President Lin- confirmed that Congress intended for places on Earth where his acute obser- coln’s words to the families of the fall- the exemption to address individual vations and comments were especially en at Gettysburg: ‘‘We cannot dedicate, privacy rights. Regarding the personal important. we cannot consecrate, we cannot hal- privacy exemption, he said ‘‘we are As former Senator Sam Nunn and I low this ground. The brave men, living dealing in this matter with what I be- formulated the Nunn-Lugar Coopera- and dead, who struggled here, have lieve to be the most important rights, tive Threat Reduction Program which consecrated it, far above our poor and in some respect the most impor- was adopted by the Congress in 1991, power to add or detract. The world will tant rights, an individual may possess, Ted Stevens was a strong supporter of little note nor long remember what we his right to privacy, and his right to our efforts, and many of my conversa- say here, but it can never forget what personal safety.’’ The universal under- tions with him centered upon the they did here.’’ standing that the personal privacy ex- methods of verifying all aspects of the It is my sad duty to enter the name emption pertains only to the privacy treaty and further steps we could take of SSG Kenneth K. McAninch in the of- rights of individuals is further con- with the Soviet Union, and then later, ficial RECORD of the U.S. Senate for his firmed by the remarks of former Sen- Russia, to provide increasing safety for service to our country and for his com- ator Strom Thurmond, who noted dur- all American cities and military instal- mitment to freedom, democracy, and ing the Senate debate that ‘‘[a]ll of us lations. peace. are aware of the general feeling perme- I was visiting South Bend, IN, on the f ating the country, that our citizens day that news of the tragic death of want to know what their Government Ted Stevens flashed around the world. FREEDOM OF INFORMATION ACT is doing . . . However, by the same That night, I told all of the local cor- Mr. LEAHY. Mr. President, in the token, we are also concerned about a respondents that were following my ac- coming months, the Supreme Court of mutual problem of invasion of an indi- tivities that Ted Stevens was a son of the United States will consider Federal vidual’s privacy.’’ Indiana, a student in two of the public Communications Commission v. During the more than four decades schools in Indianapolis that had meant AT&T—a monumental Freedom of In- since the Congress enacted the per- so much to both of us, and a remark- formation Act, FOIA, case that could sonal privacy exemption to FOIA, our able champion both for his adopted vastly expand the rights of corpora- Federal courts and Federal agencies state of Alaska and for our country. I tions to shield their activities from have consistently interpreted this ex- will always be grateful for the friend- public view. Like many Americans who emption to apply only to individuals.

VerDate Mar 15 2010 00:24 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S15NO0.REC S15NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE S7886 CONGRESSIONAL RECORD — SENATE November 15, 2010 Over the years, the Congress—with the Twenty years ago, Congress created long, productive lives for mother and full knowledge of how the courts have the National Breast and Cervical Can- child. interpreted this exemption—has never cer Early Detection Program. Today, We have come a long way, but we are amended this exemption, nor called the program provides screening serv- not there yet. I am confident that with into question the universally held view ices for breast and cervical cancer in the consistent efforts of Congress and that the exemption protects the per- all 50 States, the District of Columbia, private sector groups such as Susan G. sonal privacy rights of individuals. five U.S. territories, and 12 American Komen for the Cure, we will continue Given the clear legislative history Indian or Alaska Native tribes and to make progress for years to come. and the longstanding case precedent in tribal organizations. Since the program f this area, I am deeply troubled by re- got started, almost 4 million women AMERICAN DIABETES MONTH. cent efforts to vastly—and I believe have been served—giving them access improperly—expand the scope of this to breast and cervical cancer Mr. JOHNSON. Mr. President, I rise exemption to reach corporations. While screenings that they otherwise could today in recognition of November as I do not quibble with the notion that not afford. American Diabetes Month. National certain corporate information should We have recently expanded opportu- studies estimate 23.6 million Ameri- be exempt from public disclosure, I nities for women across the country to cans have diabetes and a quarter of firmly believe that Congress has pro- be screened by including free preven- people with diabetes do not know they vided meaningful and adequate protec- tive care, like mammograms and cer- have this disease. The State of South tions for sensitive corporate informa- vical cancer screenings, in the new Dakota is home to nearly 40,000 dia- tion in other parts of FOIA. Indeed, health care reform law. The Affordable betic adults, a figure which does not Congress specifically enacted FOIA ex- Care Act eliminates all insurance take into account the number of people emption 4 to protect trade secrets and copays for these screenings, which who are undiagnosed, who are living other sensitive corporate information means more women will have access to with prediabetes, or those under age 18 from public disclosure. Tellingly, early detection and more women’s lives who have child-onset diabetes, which is American corporations have success- will be saved. a growing problem linked to the in- fully relied upon exemption 4 for dec- This October, we are also celebrating crease of childhood obesity. ades, to safeguard their sensitive busi- the 30th anniversary of the beginnings American Diabetes Month focuses on ness information when it is shared with of Susan G. Komen for the Cure, an or- increased awareness of the disease and the government. ganization founded on Susan’s sister’s its risks. The disease carries with it an I fear that vastly expanding the per- promise to end breast cancer forever. increased rate of heart disease and sonal privacy exemption for law en- Today, Susan G. Komen for the Cure is stroke, high blood pressure, kidney dis- forcement records would close a vital the largest source of nonprofit funds ease, blindness, and amputation of the window into how our government dedicated to the fight against breast lower extremities, among other associ- works. I also fear that extending this cancer, investing nearly $1.5 billion in ated health problems. As the preva- exemption to corporations would per- grassroots advocacy for quality care lence of diabetes increases, we are be- mit corporations to shield from public and research. ginning to understand the costs to both view critical information about public These efforts have made a big dif- our citizens’ health and to our econ- health and safety, environmental dan- ference. In the last 30 years, we have omy. The high costs to our government gers, and financial misconduct, among improved the rate of cancer in direct medical and indirect costs, other things—to the great detriment of screenings—increasing the percentage coupled with the personal costs of ris- the people’s right to know and to our of women over 40 who receive regular ing health care coverage and treat- democracy. mammograms from less than 30 to ment, make diabetes control and pre- As Senator Hart wisely noted during nearly 75 percent. We have improved vention a national priority. the debate of the 1974 FOIA amend- the treatment outcomes for women Throughout my career in the U.S. ments, ‘‘survival for a society such as with cancer—increasing the 5-year sur- House and Senate, I have strongly sup- ours hinges very importantly on the vival rate from 74 percent to 98 per- ported initiatives that would advance access that a citizen can have to the cent. We have also increased the research, funding and education about performance of those he has hired.’’ I amount of Federal funding going to- diabetes, such as those conducted at sincerely hope that our Nation’s high- ward breast cancer research, preven- the National Institutes of Health, the est Court will carefully consider these tion, and treatment—ensuring that National Institute of Diabetes and Di- words and that the Court will narrowly American women benefit from the best gestive and Kidney Diseases, as well as construe the personal privacy exemp- that science has to offer. the Centers for Disease Control and tion, consistent with congressional in- Despite these advances, it is esti- Prevention. tent. Should the Court decide to do mated that nearly 40,000 women will Two special funding programs hold otherwise, I will work with others in die of breast cancer this year. That great promise in our efforts to prevent the Congress to ensure that FOIA, and means that 40,000 American families and cure diabetes among South Dako- specifically the personal privacy ex- will lose their mother or grandmother, tans and our Nation at large. The Spe- emption for law enforcement records, sister or daughter. We cannot let up in cial Funding Program for Type One Di- remains a meaningful safeguard for the this fight. We made a commitment to abetes Research provides additional American people’s right to know. improving women’s health in health re- funding for the National Institutes of f form—ending insurance industry Health to expand its juvenile diabetes abuses that have disproportionately af- research efforts. The program has fund- BREAST CANCER AWARENESS fected women for decades, providing ed clinical trials to test various drugs MONTH preventive benefits tailored to meet and therapies, increased understanding Mr. BAUCUS. Mr. President, women women’s unique health needs, and en- about reversing complications from the are the backbone of the American fam- suring women of all ages have access to disease, improving our ability to pre- ily and a driving force of our economy. comprehensive, high-quality coverage. dict risk of development, and helped They are our mothers, sisters, wives, Improving women’s health has a posi- develop new technologies for treat- and daughters. Women are the heart of tive effect on the whole family. Ac- ment. American families and local commu- cording to the Department of Labor, I also am a proud supporter of the nities. women make four out of five health Special Diabetes Program for Indians, October is National Breast Cancer care decisions for their families and SDPI, which has addressed the high in- Awareness Month, and this October we are more likely to be the caregivers cidence of diabetes among Native have many reasons to reflect and cele- when family members are ill. Americans for the past 13 years by pro- brate. Thanks to the concerted efforts Improving women’s health also has a viding grants to tribal and urban In- of the public and private sectors, we positive effect on the economy. A dian programs to create or enhance di- have come a long way to ensuring that healthy pregnancy, for example, begins abetes prevention and treatment ef- women have long, healthy lives. with a healthy woman and leads to forts. Through SDPI, the Indian Health

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