[Congressional Record: October 15, 2009 (House)]
[Page H11389-H11394]



    PROVIDING FOR CONSIDERATION OF CONFERENCE REPORT ON H.R. 2892,
        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010

[...]

  Ms. SLAUGHTER. I thank my colleague for yielding.
  Madam Speaker, there are few things that say more about our country
and our trust in the public's right to know than the Freedom of
Information Act. It is one of the most powerful statements of openness
and transparency that we have. It affords ordinary people the ability
to peer behind the curtains of power and see inside the many
bureaucracies that define the Federal, State and local governments in
this country. It is a symbol for all, that despite anything else that
our government does in the name of the people, there should be no
secrets.
  Over the years, FOIA laws have been used for a wide range of
purposes. FOIA helped us to discover the ugly truth about the use of
Agent Orange in Vietnam, Laos, and Cambodia during the 1960s. And FOIA
was also used to uncover data showing that Ford Pintos were built with
serious dual system defects that made them more prone to fire and
explosions.
  In some ways, FOIA is simply a reminder to the public that there is
an avenue to pursue if they believe the government is keeping a secret.
At the heart of FOIA is the concept that the people's right to know is
more important than the government's desire to keep things secret.
  The FOIA laws in this country have enabled reporters and citizens
from all spectrums access to information that otherwise might never see
the light of day. Signed into law by President Johnson in 1966, the
FOIA laws allow for the full or partial disclosure of information and
documents with only a narrow list of important exemptions.
  And so it was with some dismay when I learned recently that the House
and Senate conferees on the Homeland Security appropriations bill had
slipped in a provision that gives the government the option of making
old photos of detainee abuse exempt from the FOIA laws.
  This case has already followed a lengthy path beginning with a
lawsuit filed by the ACLU against the Pentagon. Last spring, when it
appeared that the lawsuit might go against the government, the
administration responded by asking some Members of the House and Senate
to insert language into the legislation to make sure that the photos
stay secret.
  Joining the ACLU against the Pentagon was the American Society of
News Editors, the Associated Press, Cable News Network, Inc., the E.W.
Scripps Company, Gannett Co., Inc., the Hearst Corporation, Military
Reporters and Editors, the National Press Club, NBC Universal, Inc.,
The New York Times Company, the Newspaper Association of America, the
Newspaper Guild--CWA, the Radio-Television News Directors Association,
the Society of Professional Journalists, The Washington Post, and me.
  Never mind that the photos in question likely have very little value
given that a similar set of photos showing the abuse were released
under the Bush administration. Despite some complaints that releasing
photos would place service men and women in danger, the fact is there
was absolutely no increase in violence or attacks after the previous
detainee photos were released. I assume that if we were to release the
new photos, the result would be the same. Americans were simply able to
find out what was being done in their name.
  Many observers argue that releasing the photos was actually a clear
break from the abuses of the past and a signal to our allies and to
everyone else that the days of this type of detainee mistreatment were
over and that the United States is willing to come to terms with past
practices. Indeed, we have said so.
  In June, I and other House leaders prevailed and the FOIA exemption
was dropped from the legislation. However, the conferees, apparently
under direct orders, quietly put it back into the bill this month. It's
hard for me to express how disappointed I am with that decision. I am
sorry because I believed that we had turned a page from the cloud of
suspicion and secrecy that marked the previous administration. It runs
so counter to our principles and stated desire to reject abuses of the
past.
  The FOIA laws in this country form a pillar of our First Amendment
principles. It is unfortunate, given that this administration promised
that openness and transparency would be the norm. We should never do
anything to circumvent FOIA, and I believe our country would gain more
by coming to terms with the past than we would by covering it up.
  I hope the President will follow judicial rulings and consider
voluntarily releasing these photos so we can put this chapter in
history behind us.
  Mr. HASTINGS of Florida. Madam Speaker, I especially appreciate the
remarks of the distinguished woman, the Rules Chair, Ms. Slaughter, and
echo her sentiments.

[...]

  Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I very much
appreciate the contributions during this debate, enlightening our
colleagues with regard to the merits of the legislation that we are
bringing to the floor today.
  You know, one of the, I think, most interesting aspects of the
American representative democracy is that we differ from other
representative democracies probably because our two parties are, in
effect, great coalitions. We have a two-party system by virtue of that;
both parties represent different coalitions of thought on numerous
issues.

                              {time}  1100

  So it's interesting that today, for example, while my friend and the
distinguished chairwoman of the Rules Committee expressed an opinion
contrary to the position maintained by the President of the United
States on an important issue--and I think it's appropriate to do so--I
commend the President of the United States for his position with regard
to the release of detainee photos.
  The legislation before us codifies the President's decision to allow
the Secretary of Defense to bar the release of detainee photos. I
commend the President because, obviously, his leadership and support on
that aspect has been decisive in the inclusion of that provision in
this legislation.

[...]