[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

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  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.

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