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Dorothy Reichard (617) 332-3920

Frank Introduces Bill To Restore Key Public Safety
Provisions Of Freedom Of Information Act

Congressman Barney Frank (D-MA) today introduced in the House of Representatives the Restoration of Freedom of Information Act of 2003, a House companion to S. 609, introduced by Senator Patrick Leahy, to restore aspects of the Freedom of Information Act modified by the Homeland Security Act of 2002.

Under the Homeland Security Act of 2002, the government is required to keep confidential certain information that is voluntarily disclosed by companies to the government about potential vulnerabilities to terrorist attacks. However, the law, by not clearly defining “critical infrastructure information” and “voluntarily submitted,” is too broad and allows companies to also keep information about key health and safety issues behind closed doors.

The Restoration of Freedom of Information Act of 2003 would clarify that the Homeland Security Act only covers certain records the government does not already have a legal right to obtain. The bill would also remove restrictions on the government’s ability to act in response to information it receives. Finally, the Frank bill would restore whistleblower protections by removing criminal penalties on disclosure.

“Companies should not be able to avoid key health and safety regulations by ‘voluntarily’ disclosing information they are already required by law to disclose, if the government is then forced to keep the information confidential,” Frank said. “Government authorities should be able to act on the information they receive. It is inconceivable to me that a defect in a nuclear safety system could be disclosed to a government authority that would then be powerless to order the problem repaired. This bill is a reasonable attempt to respect the confidentiality of the disclosures intended by the Homeland Security Act while reining in the strong potential for abuse.”

“Whistleblowers particularly have to be protected,” Frank said. “People who see laws being broken or safety regulations not being enforced cannot be muzzled, particularly when people’s lives could be at stake.”

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