FREEDOM OF INFORMATION ACT- - VETO MESSAGE FROM THE PRESIDENT OF THE UNTED STATES (H. DOC. NO. 93-383)

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• Collection: General CIA Records
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• Document Creation Date: December 16, 2016
• Document Release Date: June 2, 2005
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• Publication Date: November 18, 1974
• Content Type: OPEN

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r 18, 1974 - CONGRESSIONAL RECORD -HOUSE
FREEDOM OF INFORMATION ACT-
VETO MESSAGE FROM THE PRESI-
DENT OF THE UNITED STATES (H.
DOC. NO. 93-383)
The SPEAKER laid before the House
the following veto message from the
President of the United States:
To the House of Representatives:
I am returning herewith without my
approval H.R. 12471, a bill to amend the
public access to documents provisions of
the Administrative Procedures Act. In
August, I transmitted a letter to the con-
ferees expressing my support for the di-
rection of this legislation and presenting
my concern with some of its provisions.
Although I am gratified by the Congres-
sional response In amending several of
these provisions, significant problems
have not been resolved.
First, I remain concerned that our
military or intelligence secrets and diplo-
matic relations could be adversely affect-
ed by this bill. This provision remains un-
altered following my earlier letter.
I am prepared to accept those aspects
of the provision which would enable
Courts to inspect classified documents
end review' the justification for their
classification. However, the courts should
not be forced to make what amounts to
the initial classification decision in sensi-
tive and complex areas where they have
no particular expertise. As the legisla-
tion now stands, a determination by the
Secretary of Defense that disclosure of
a document would endanger our national
security would, even though reasonable,
have to be overturned by a district judge
who thought the plaintiff's position just
as reasonable. Such a provision would
violate constitutional principles, and give
less weight before the courts"to an execu-
tive determination involving the protec-
tion of our most vital national defense
interests than is accorded determinations
involving routine regulatory matters.
I propose, therefore, that where clas-
sified documents are requested the courts
could review the classification, but would
have to uphold the classification if there
is a reasonable basis to support it. In
determining the reasonableness of the
classification, the courts would consider
all attendant evidence prior to resorting
to an in camera examination of the doc-
ument.
Second, I believe that confidentiality
would not be maintained if many mil-
lions of pages of FBI and other investi-
gatory law enforcement files would be
subject to compulsory disclosure at the
behest of any person unless the Govern-
ment could prove to a court-separately
for each paragraph of each document-
that disclosure "would" cause a type of
harm specified in the amendment. Our
law enforcement' agencies do not have,
and could not obtain, the large number
of trained and knowledgeable personnel
that would be needed to make such a
line-by-line examination of information
requests that sometimes involve hundreds
of- thousands of documents, within the
time constraints added to current law by
this bill.
Therefore, I propose that more flexi-
ble criteria govern the responses to re-
quests for particularly lengthy investi-
gatory records to mitigate the burden
which these amendments would other-
wise impose, in order not to dilute the
primary responsibilities of these law en-
forcement activities.
Finally, the ten days afforded an
agency to determine whether to furnish
a requested document and the twenty
days afforded for determinations on ap-
peal are, despite the provision concern-
ing unusual circumstances, simply un-
realistic in some cases. It is essential that
additional latitude be provided.
I shall submit shortly language which
would dispel my concerns regarding the
manner of judicial review of classified
material and for mitigating the admin-
istrative burden placed on the agencies,
especially our law enforcement agen-
cies, by the bill as presently enrolled. It
is only my conviction that the bill as
enrolled is unconstitutional and unwork-
able that would cause me to return the
bill without my approval. I sincerely hope
that this legislation, which has come so
far toward realizing its laudable goals,
will be reenacted with the changes I pro-
pose and returned to me for signature
during this session of Congress.
GERALD R. FORD.
THE WHITE HOUSE, October 17, 1974.
The SPEAKER. The objections of the
President will be spread at large upon
the Journal, and the message and bill
will be printed as a House document.
The question is: Will the House, on
reconsideration, pass the bill H.R. 12471,
the objections of the President to the
contrary notwithstanding?
MOTION OFFERED BY MR. MOORHEAD OF
PENNSYLVANIA
Mr. MOORHEAD of Pennsylvania. Mr.
Speaker, I move to postpone further con-
sideration of the bill and veto message
from the President on H.R. 12471, to
amend the Freedom of Information Act,
until Wednesday, November 20, and be-
fore -moving the previous question on my
motion I would like to address myself
briefly to the President's veto action.
(Mr. MOORHEAD of Pennsylvania
asked and was given permission to revise
and extend his remarks and include ex-
traneous matter.)
Mr. MOORHEAD of Pennsylvania. Mr.
Speaker, I was shocked and dismayed by
the President's unfortunate and ill-
advised action on October 17 in vetoing
H.R. 12471; the bill makes a'series of
strengthening amendments to plug loop-
holes in the Freedom of Information Act
of 1966.
This bipartisan legislation, overwhelm-
ingly approved in both the House and
Senate after more than 3 years of over-
sight and legislative hearings, will help
restore the confidence of the American
public in their Federal Government by
providing greater access to Government
records. As we have dramatically wit-
nessed during the Watergate tragedy, un-
necessary secrecy and an almost para-
noiac desire to hide the business of Gov-
ernment from the people- and their
elected representatives brought about the
most grave constitutional crisis in our
Nation In more than 100 years.
Mr. Speaker, President Ford's pledge of
"open government" made to the Ameri-
H 10705
can people soon after he took the oath of
office had indicated a recognition of the
destructive effects of the "government
secrecy mania" that helped bring about
his predecessor's resignation. Less than 2
months ago, President Ford expressed to
me, as chairman of the House-Senate
conference committee on H.R. 12471, his
commitment to "open government" and
the Freedom of Information Act. In a
letter dated August 20, 1974, he stated:
I share your concerns for improving the
Freedom of Information Act and agree that
now, after eight years in existence, the time
is ripe to reassess this profound and worth-
while legislation. Certainly, no other recent
legislation more closely encompasses my ob-
jectives for open government than the
philosophy underlying the Freedom of Infor-
mation Act.
In that letter, Mr. Speaker, he raised
certain questions about specific pro-
visions of H.R. 12471, most of which had
already been tentatively agreed to by the
House-Senate conferees during earlier
sessions of the conference committee.
Nevertheless, we carefully studied Presi-
dent Ford's arguments, discussed them
in subsequent meetings of the conference
committee and did make a number of
changes he requested in both the bill
language and in the conference report to
help allay his concerns. As I told the
House when the conference version of the
bill was finally acted upon and sent to the
White House on October 7-
We have gone "more than half-way" to
accommodate his views.
But 10 days later, he vetoed the free-
dom of information bill. It is now clear,
Mr. Speaker, that congressional coop-
eration In not sufficient for the President,
and only total capitulation to the White
House viewpoint will suffice. I refuse to
abdicate my duties as a Member of this
House and hope that an overwhelming
vote by our colleagues to override this
senseless veto will make It clear to the
President that cooperation is a two-way
street.
As In the Watergate debacle, the um-
brella of "national security" Is now being
raised in the veto message to cover the
real reasons for the bureaucrat's opposi-
tion to the public's right to know. The
message Itself is filled with inaccurate
statements, misconceptions, and warped
interpretations of the bill language that
raise questions as to whether anyone
really knowledgeable about the law even
took the trouble to read and analyze the
provisions of H.R. 12471. Contrary to the
President's expressed view, the bill would
not in any way bare our Nation's secrets,
nor would it jeopardize the security of
sensitive national defense or foreign
policy information.
Mr. Speaker, 8 years ago when Con-
gress passed the original freedom of in-
formation bill, President Johnson was
urged to veto the measure by every single
Federal agency. Bureaucrats said that it
was unconstitutional; some said it would
bring the business of Government to a
halt; others foolishly claimed that it
would give away our vital defense secrets
to foreign powers. But Lyndon Johnson
was well versed in the ways of the Fed-
eral bureaucracy. He was not fooled by
their rantings and ravings. He courage-
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H 10706
ously rejected their silly arguments and
signed the bill into law. In his statement
he reaffirmed the people's right to know
when he said:
No one should be able to pull curtains of
secrecy around decisions which can be re-
vealed without injury to the public interest:
This year the House and Senate ap-
proved the conference version of H.R.
12471 to add needed teeth to the original
1966 freedom of information law to plug
loopholes used by Federal bureaucrats to
hide information from the public. The
House rollcall vote was 349 to 2 and the.,
Senate approved it by voice vote. During
our hearings, every executive branch
witness opposed any strengthening
changes to the present law. The Nixon
White House and Justice Department
operatims lobbied vigorously in the other
body in a vain attempt to kill the free-
dom of information legislation.
When H.R. 12471 was cleared by Con-
gress and sent to the White House, the
Federal bureaucracy predictably geared
up an all out effort to persuade President
Ford to veto it. As in 1966, almost every
Federal agency recommended a veto.
Many of the same old discredited argu-
ments which President Johnson had re-
jected were dusted off and fed into the
White House. Such overused cliches as
"administrative burden,"' "flexible cri-
teria," "compulsory disclosure,"" and the
old reliable bureaucratic standby "na-
tional security" were all sprinkled
throughout the veto message. Thus,
President Ford succumbed to the old
scare slogans of the bureaucrats, who
apparently have so much to hide from
the public.
But the obvious public need for truly
"open government" must not be sacrificed
on the altar of bureaucratic secrecy, sus-
picion, and meaningless slogans. The
hard lessons learned from the tragic
Watergate coverup must certainly result
in some positive achievement to prove to
the American people that Congress-at
least--is sensitive and responsive to the
fundamental need for "open govern-
ment" in the conduct of our public
business.
Mr. Speaker, our colleagues in the
House will have the opportunity to vote
to override this misguided Presidential
veto of the Freedom of Information Act
amendments on Wednesday, November
20 by the motion I have just offered. I
stress the fact that this is not partisan
issue that divides us along party lines,
Our effort to override this veto is being
led by both Republicans and Democrats
on our Government Operations Commit-
tee, as shown by the "dear colleague"
letter sent to all Members today and
signed by: Chairman CHET HOLIFIELD:
the ranking minority member of the full
committee, the gentleman from New
York (Mr. HORTON) ; by the ranking
minority member of our subcommittee,
the gentleman from Illinois (Mr. ERLEN-
BORN) ; and by myself, as chairman of
the Foreign Operations and Government
Information Subcommittee. With our
letter we enclosed areprint containing
a representative selection of editorials
from across the Nation urging that Con-
gress override this veto. every Member
CONGRESSIONAL RECORD -HOUSE November 18, 1974
should have in his office a copy of this
reprint and our letter.
Mr. Speaker, we urge our colleagues
of both parties to join us in this fight
for more responsible "open government."
We trust that we can-by an overwhelm-
ing vote to override this veto--show the
American people the sincerity of our
pledge of truly "open government" and
the willingness of Members of Congress
to stand up and be counted on this vital
issue.
Mr. Speaker, the "deal colleague" let-
ter is as follows:
WASHINHTON, D.C.,
Nova?nber 1E, 1974.
DEAR COLLEAGUE: A vote will be taken in
the House on Wednesday. November 20, on
overriding the veto of H.R. 12471, the Free-
doms of Information Amendments Of 1974.
We will vote "Aye"-to override-and hope
you will join with us'.
We have worked for more than 3 years in
the bipartisan development of theseamend-
aients to the Freedom of Liformatjon Act.
We heceived much-detailed testimony about
the issues raised in the veto message--both
pro and con--arid carefully worked to make
certain our bill would protect the people's
right to know without infringing upon the
need for government secrecy in some areas.
The objections cited by the President in
his veto message, therefore, were not new to
us. They had also been called to our atten-
tion in the course of our conference sessions.
We took them seriously and made changes,
both in the language of the bill and in the
conference report. We believe the President's
objections were accommodated by these
Changes.
H.R. 12471 passed the House March 14 by
vote of 383 to 8, and the conference report
won approval by a 349 to 2 roll call vote.
We believe the American people will have
more confidence in their Federal government
if we can enact these Freedom of Informa-
tion Amendments into law over the Presi-
dent's veto. This legislation will help to re-
strain our civil servants and will help to
make them more responsive to the people
who pay their salaries.
The attached reprint of some of the rep-
resentative newspaper editorials over the
past several weeks--from all parts of, the
country--indicates the broad support for
overriding the veto.
We suggest that President Ford must have
listened more carefully to the bureaucracy
than to the Congress and the people when
he decided on his veto.
I hope you will join in voting to override
the Freedom of Information Act veto on
Wednesday, November 20.
Sincerely,
CHET HotasmmLD,
Chairman. House Government Opera-
tions Committee.
WILLIAM S. MOOR HEAD,
Chairman, Foreign Operations and Gov-
ernment Information Committee,
FRANK HORTON,
Ranking Minority Member, House Gov-
ernment Operations Committee,
JOHN N. ERLENBoRir,
Tanking Minority Member, Foreign Op-
erations and Government Information
Subcommittee.
Mr. Speaker, I reserve the balance of
my time.
Mr. Speaker, I move the previous ques-
tion on the motion.
The previous question was ordered.
The motion was agreed to.
A motion to reconsider was laid on
GENERAL LEAVE
Mr. MOORHEAD of Pennsylvania. Mr.
Speaker, I ask unanimous consent that
the gentleman from Illinois (Mr. ERLEN-
BoxN) be permitted to revise and extend
his remarks at this point in the RxccosD
and that all Members may have permis-
sion to revise and extend their remarks
on this subject.
The SPEAKER. Is there objection to
the request of the gentleman from
Pennsylvania?
There was no objection.
COMMUNICATION FROM THE
CLERK OF THE HOUSE
The SPEAKER laid before the House
the following communication from the
Clerk of the House of Representatives:
WASHINGTON, D.C.,
October 22. 1974.
Ho11. CARL ALBERT,
The Speaker,
House of Representatives,
DER MR. SPEAKER: I have the honor to
transmit herewith a sealed envelope from the
White House, received in the Clerk's Office at
5:00 P.M. on Tuesday, October 22, 1974, and
said to contain H. R. 11541, An Act to amend
the National Wildlife Refuge System Adml11-
istration Act of 1966 in brder to strengthen
the standards under which the Secretary of
the Interior may permit certain uses to be
made of areas within the System and to re-
quire payment of the fair market value of
rights-of-way or other interests granted la
such areas in connection with such uses,
and a veto message thereon.
With kind regards, I am
Sincerely,
W. PA'r JENNINGS,
Clerk, House o/ Representatives,
(By BENJAMIN J. GUTHRIE).
NATIONAL WILDLIFE REFUGE SYS-
TEM ADMINISTRATION ACT OF
1966-VETO MESSAGE FROM THE
PRESIDENT OF THE UNITED
STATES (H. DOC. NO. 93-382)
The SPEAKER laid before the House
the following veto message from the
President of the United States:
To the House of Representatives.
I am withholding my approval from
H.R. 11541, a bill which would amend the
National Wildlife Refuge System Admin
istration Act of 1966. I am advised by the
Attorney General and I have determined
that the absence of my signature from
this bill prevents it from becoming law.
Without in any way qualifying this de-
termination, I am also returning it with-
out my approval to those designated by
Congress to receive messages at this time.
This bill would amend section 4(d) of
the Act of October 15, 1966, by adding a
new standard in determining the au-
thority of the Secretary of the Interior
to allow certain rights-of-way across
lands of the National Wildlife Refuge
System. This new standard would require
the Secretary to review all reasonable
t en make a determination that the pro-
p ed right-of-way use is the most fea-
st le and prudent. alternative for such
p pose,
we are to have adequate energy-
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NEW YORK TIMES DATE 1S ihy,4 PAGE
Congress, tie Press and Federal Agencies Are Taking
Sides for Battle Over Government's Right to Secrecy
By MARTIN ARNOLD
Special to The New York 2`tmet
WASHINGTON, Nov. U=-A
com-
plir t quart.Q1 the. Gov-
nh~.m itaen Cel`.ret
.it;e~werets. '
-Tha .:~:3Gi r are n-
s'P ^nd m ,rh f the na io al l
1wn nn nne_side.and the
Brie Hose. L i 1i e-
r2rrmp t.,,gr tra In-
1 "Ter.
The fight was touched off by
President . Ford's veto last
month of amendments to the
Freedom of Information Act-
legislation that would have
made government-helm nfor-
mation more' accessible or The
nublic.
ThP amandmants.Were etocd -
ne inyn via in~crirllt"?'aal
v~ ;oar' A 9
A=-tin -n $e i-
t a n-
f,grrnatinri
Support to Override
The amendments, 17 in all,
'were overwhelmingly passed by
both houses of Congress. Staff
members of the"wo : gn
- n-
farmstinn C o m m i t t e e - - ..,which
helner1 raw_. un?e a an
~wss
~'?,,wwvh crn Pin.- rCSs
rhi n an_th.
If not, then the new, even
more heavily Democratic Con-
gress, will almost surely pass
the amendments and override
any Presidential veto, these
'staff members-say.. In the Sen-
ate, thefiight to v rriria the
Iict rcu_itff --el-, crat
setts.
Even before that Democratic
sweep, Walter W. Gunfeld,
president of the National News-
paper Association, said, after
the organization conducted a
"lrongressional survey that
"there appears to be a over-
whelming bipartisan Congres-
sional sentiment in favor of
overriding the veto." App
soc'iation represents 67,0 0
daily and weekly newspapers
to Defense of Veto
'dent Foxd defended the
vettonight in a message he
prepared for a convention in
P'hoenix' of Sigma Delta Chi, a
journalist's fraternity.
The President said the veto
may have appeared inconsist-
ent with his pledge that "mine
would be an open and candid
Administration," but that this
was not so. He said some of
"the amendments would dam-
age national security, diplo-
matic relationships and the
privacy of individuals.
He said that he had o-
osed that courts be regi ed
* -'uphold government cla fl-
-eations "where a reasonible-
f? n ine toabled in
l Under the AdministrationPo-
Sitinn thepreaammp, ,.-.would
he in Law'ur.._nL.tiOn-
with nldi g.theinftjon.
Decisions at Low Level
The Administration says it is
concerned over the amount of
bureaucratic time that it would
take to make available such.
things as the F.B.I's investiga-
tive files. It interprets the
amendments to mean that a
judge would have the obliga-
tion to go over such a file page
by page and make the files
available, as he sees fit, page
by page.
The Justice Department
would rather have the judge
mandated to keep secret the en-
tire file if he felt any part of it
should be kept secret. 'T'hat is
the basis upon which the De-
fense Department, for instance,
classifies documents.
The arguments in favor of the
amendments include the fact
that the Government concedes
that at least 17,000 persons are,
empowered to stamp doc-
uments classified, that some
of them are as low as navy en-
signs, and that a Federal judge
would have at least the sophis-
tication of a Navy ensign.
Proponents point out that the
Government hqs a long history
c classifying information nol
on the k4sis of,national defense
or foreign affairs but merel,
because its disclosure would b+
eMbarrassing to the Adminis-~;,
tratign in office.
Thn rT e. not _an1Ytosed
Its., trt J1tS but,.,.1t5_ Airec-
t rillism C lbv
tried 'or espionae, theft and
conspiracy in a trial that ended
,in nii trial and dismissal after
' ^.,n,.,' t bout
that
ad= he
aaj2gth the
n
a- a a al-
iigress as been re uctant
to do e17 very,
ca$g, became? of eara
swa gt~,c tiy,~ rich
w Ildhemm~tad 15 Se"
Vim? a, Shan Moo-
ms
tQnil~Ge.-. rlanc.
The exceptions have con-
cerned atomic energy informa-
tion and national defense infor-
mation that is turned over to
agents of foreign governments.
These are covered by the
espionage laws.
" t is the
SOliCG.aid.
"'Cha nP?~,c ma ,tea 3p unc ion
v,dmeaner
that-M&A 59 .,.
tom.., e d
o a
President Ford in his veto
message said that the amend-
ment would give Federal
judges ' tha - tial classifica-
tion .:_ir~?: nsltn and
c ar, where they
hav&4a;,,rrtise."
Tl1l~,1r dire ~I#'nan rtn, t, aC-
c '?ng to enron,nAs
si Attorney General in
co the Office of Legal
Counsel. believes " a_ to es
basis exists to support them"'
an t. at F.B.I. files should be
wit
hld if there was "; sub-
staotial possibility that indi-
vidual rights would be en-
dangered or law enforcement
operations compromised."
The Freedom of Information
Act, passed in 1966, authorized
persons' to file a complaint in
a Federal District Court to
force a government agency to
produce information that it
was withholding. Exempt from
it were medical reports, the
agencies' internal rules and
regulations, confidential trade
secrets and foreign policy and
national defense information
that had been classified secret
by- -executive order. ,
-C of the 17 , en4Xments l'
ern
-Th
f the. 3gency since a New
Iyak Times m pu lc the
n papers m un 2?
Ellsberg Case Cited
Under the espionage. laws,
which were passed mainly dur-
ing World warII, there is no
criminal sanction nor a Govern-
1 ment employe who makes pub-
lic classified information. Dr.
00
CIS is 10004-4
c
some of the press, and he was
1.1;
ou ddry
mean
? our
in the country.
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E 6652 CONGRESSIONAL RECORD - Extensions of Remar s j~v ovember 18, 1974
municate clearly, locate information,
solve problems and make judgments by
finding their own value systems.
Dr. Lindaman foresees colleges func-
tioning more as resource centers for an
indepth, all-involving kind of learning.
It will not be just a place to spend 4
years of one's life, but a place to go to,
off and on throughout life, to plug into
the resources when they are needed. And
Whitworth has been changing over,
gearing itself to meet, these anticipate
changes.
I think we should all be grateful t
Whitworth College for having had the
foresight to build for the future, not
only for the future of the institution,
but for the future of America.
RESOLUTION LICANHERITTAG'E GROUPS COUN-
CIL
Resolved, That (1) all military, economic,
or other assistance of whatever nature and
form from the United States Government to
the Government of Turkey be suspended
immediately, and
(2) that the United States continue to
provide military and economic support to
Greece on an accelerated basis; and
(3) that the United States provide hu-
manitarian support for all Cypriot refugees
and economic support to the Government of
Cyprus.
PRESIDENT'S VETO OF H.R. 12471,
FREEDOM OF INFORMATION ACT
AMENDMENTS
fice, for again, as in the Watergate de-
bacle, the national security umbrella is
being used to cover the real reasons for
bureaucratic opposition to the public's
"right to know." H.R. 12471 would not
bare our Nation's secrets, nor in any way
jeopardize the security of legitimate na-
tional defense or foreign policy matters
if the classification markings applied to
them were done so properly in accord-
ance with Executive Order 11652.
Mr. Speaker, 8 years ago when Con-
gress passed the original Freedom of In-
formation Act, President Johnson was
urged to veto the measure by every sin-
gle Federal agency. He courageously re-
jected the advice of the secrecy-minded
HON. WILLIAM S. MOORHEAD executive bureaucracy and signed the
OF PENNSYLVANIA bill version of the his year, the' conference
ee
IN THE HOUSE OF REPRESENTATIVES Freedom of Information Act-strength-
Thursday, October 17, 1974 ening its operation and plugging loop-
holes used by the bureaucracy to hide
Mr
lvania
nns
f P
.
.
y
e
Mr. MOORHEAD o
Speaker, I am shocked and dismayed by information from the public-was passed
te and ill-ad- by the House and Senate with only 2 dis-
t
f
'
una
or
s un
the President
HON. JOEL T. BROYHILL vised action today in vetoing H.R. 12471, senting votes. Predictably, the Federal
the bill }raking a series of strengthening bureaucracy again geared up its efforts to
of VIRGINIA amendments to the Freedom of Informa- kill the measure. This time, all but a sin-
IN THE HOUSE OF REPRESENTATIVES tion Act of 1966. gle Federal agency recommended a veto
Thursday, L October
Virginia. 17, 1974 Mr. whelmingly approved in both the House cumbed to the scare talk of the bureau-
Mr. 'RYrlea of e- and Senate after more than 3 years of crats, who apparently have so much to
Speaker, under leave to offer re- congressional study and careful consid- hide from the public.
marks, I am pleased to offefor eration, would help restore the lagging I call upon all Americans who value
inclu-
sion in the RECORD, the resolution that confidence of the American public in their freedom and their "right to know"
was adopted by the National Republican their Federal Government by providing what the massive Federal bureaucracy is
cil, greater access to Government records. doing in their name to contact their in-
Heritage Groups (Nationalities) Coun-
Mass .at their annual coin Boston, As we have dramatically witnessed dur- dividual Senators and Congressmen and
M, September 1974. . Mr. Ms. . L L eon T. Del - ing the Watergate revelations, unneces- urge them to rally behind our effort to
c of Arlington, is one first vice- sary secrecy and the almost paranoiac override this misguided veto of H.R.
chhants airman of this organniz ization. desire to hide the business of government 12471 by President Ford. "open govern-
RESOLVTION OF NATIONAL REPUBLICAN HEeIT- from the American people and their ment" must not be sacrificed on the altar
AGE GROUPS (NATIONALITIES) COUNCIL elected representatives brought about the of bureaucratic secrecy. The hard lessons
Whereas, Turkey has committed an act of most grave constitutional crisis in our learned by the tragic Watergate experi-
armed aggression against Cyprus, and country in more than 100 years. trice must result in some positive achieve-
arms and anyd has s defense eegalty material tokil toikilll President Ford's pledge to open Gov- ment to prove to the American people
American . Whereas, Turkey
or wound thousands of Greek Cypriots and ernment made to the American people that Congress, at least, is sensitive to the
force over 200,000 of them from their homes, soon after he took the oath of office had fundamental need for "open govern-
and indicated a recognition of the destruc- ment" in our Nation.
ecrec
t
y
s
Whereas, the U.S. Foreign Assistance Act tive effects of the Governmen
and the Foreign Military Sales Act require as mania which helped bring about his
a matter of law that all military assistance predecessor's resignation. Less than 2
cease tryst has violated violaiedimmediately provisions the recipient coon- months ago, President Ford expressed to
rnors of the Act, and
Whereas, the government of Turkey com- me as chairman of the House-Senate
mitted genocide against the Armenian com- conference his commitment to open
munity in Turkey in 1915, massacring over Government and the Freedom of In-
A
MR. ALGIA GARY: A MAN OF THE
PEOPLE
HON. JOHN P. MURTHA
u- of PENNSYLVANIA
11/,million Armenians, the first genocide of formation Act. In a letter dated
this century, and gust 20, 1974, he stated: IN THE HOUSE OF REPRESENTATIVES
Whereas, Turkey has historically com- I share your concerns for improving the
mitten genocide and acts of barbarism Freedom of Information Act and agree that Thursday, October 17, 1974
against the UkranianS, the Greek Orthodox, now, after eight years in existence, the time Mr. MURTHA. Mr. Speaker, we can
and the Kurds in Turkey, particularly dUr- is ripe to reassess this profound and worth-
ing the years 1915-1922, and continues to while legislation. Certainly, no other recent never forget in government that the
persecute minorities ties in in Turkey, and legislation more closely encompasses my ob- prime task of government officials rests
Whereas, Turkey has unilaterally breached jectives for open Government than the with the people.
its aeement with the Unaednd has Stater resumed ban philosophy underlying the Freedom of In- That was brought home to me again
opium epoppy production and formation Act. in looking over the background of Mr.
the growing the opium poppy production, Algia Gary, who will be honored shortly
which represents the e so source of the heroin In that letter he raised certain goes- In Johnstown for his outstanding com-
reaching the U.S.; and tions about specific parts of H.R. 12471, munity work.
Whereas, Greece was an ally of the United then being considered by House-Senate
be the key two World ern tthe es and rranean,and to conferees. We carefully studied his argu- Let me list for you just some of the
be the y to we should do everything possible merits and made certain changes in both work Mr. Gary has done with people:
to Whereas, support and to strengthen gthen representative sentattive ive the bill language and in the conference Currently, he is director of the Equal
npre
government in Greece, and report to help allay his concerns. As I told Opportunity Division of HUD advising
Whereas, the political strategic relation- the House when the conference version on equal housing, employment and civil
ships between the United States and Greece of the bill was finally acted upon and sent rights activities; formerly he served in
are of overriding importance to both coun- to the White House on October 7, "We the Pennsylvania Department of Labor
have gone `more than halfway' to ac- handling recruitment of workers, em-
tries and to the free world, and
rt trews, ece U tern states Bare on sup- commodate his views." ployee-employer relations and other
fight against Greece after World War II There- her But it appears that cooperation is not areas of racial relations; former super-
fore Communist aggression: Tsufficient and only capitulation will suf- visor of OIC helping to train individuals
fore be it
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November 18, 1974 CONGRESSIONAL RECORD --Extensions of Remarks
various satellite nations of Eastern
Europe With the basic right of self deter-
miilation that her people so desperately
seek. The people of Latvia continue to be
subjected to brutal and dehumanizing
treatment at the hands of their Soviet
captors. The rights of free :press, re-
ligion and speech, inherent to the success
of free world nations, remain but elusive
dreams for the brave people of Latvia,
In our quest to achieve a full detente
with the Soviet Union let us not be overly
hasty and abandon our commitment to
seeking that all people of the world en-
Joy basic freedom. We must speak out
and denounce continued domination of
weaker nations by the Soviet Union. The
concept of detente is an admirable one,
but will be only cosmetic if it does not
include a guarantee by the Soviets that
they will release the stranglehold they
continue to have over such nations as
Latvia.
On this important day let us salute the
rich cultural heritage of the Latvian
people. Let us pay tribute to the contribu-
tions which the Latvian American has
made to this Nation. And finally, let us
pledge our continuing support of the
quest of the brave people of Latvia as
they struggle to repair a life of freedom
and dignity which was so coarsly
snatched away from them by the Soviet
Union.
CONGRESS MUST NOW OVERRIDE
VETO OF FREEDOM OF INFORMA-
TION ACT AMENDMENTS
HON. FRANK THOMPSON, JR.
;vetoed last month wasn't quite what he had
In mind.
Well, Congress has worked on the amend.
_ments to the 1966 Freedom of Information
-Act for nearly three years. It has already
reviewed and accepted many of the sugges-
tions for modifications mad. by President
Ford. But it has refused to emasculate the
legislation.
Now the time for compromise is over, and
when the Congress returns, it should have as
one of its first items of bus'ness the over-
riding of the Ford veto.
There is nothing in the legislation vetoed
by the President which should alarm any
;federal government bureaus and agencies-
unless they have something to hide. The
amendments would simply strengthen the
provisions of the 1966 act by chopping down
some of the bureaucratic barricades to the
people's access to their own government.
An "open administration" L, just a mean-
ingless phrase so long as bureaucrats can de-
lay and impede and frustrate the citizens'
access to information they have a right to
see. President Ford's veto of amendments to
the Freedom of Information Apt Is a veto for
secrecy. The Congress must override It and
reaffirm the right of citizens to know.
NO RELIEF FOR SOVIET JEWS
HON. PETER A, PEYSER
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Monday, November 1B, 1974
' Mr. PEYSER. W. Speaker, in spite of
the grand statements from. the Soviet
Union about their intentions to cease
harassment of Soviet Jews and to change
their present emigration policies, their
harassment has not stopped and the
re
OF NEW JERSEY has been no easing in their restrictive
IN THE HOUSE OF REPRESENTATIVES emigration policies.
During the past recess,I learned about
Monday, November 18, 1974 several other cases of harassment of So-
Mr. THOMPSON of New Jersey. Mr. viet Jews who desire to emigrate. One
Speaker, -a recent editorial in the New concerns a poor Jewish Soviet young
Brunswick, N.J., Home News, makes an man, Aleksandr Silnitsky of Krasnodar,
excellent case for Congress to override Ukrainian Republic. Mr. Silriitsky's only
President Ford's untimely and unwise crime was a simple request 1:o leave the
veto of H.R. 12471, the Freedom of In- Soviet Union and for this, he has been
formation Act amendments passed by the harassed and tormented by the Soviet
House on a 349 to 2 rollcall vote. last Secret Police.
month. Another case concerns a family, the
As the editorial points out: Vinkovetsky's of Leningrad. Mr. and
There is nothing in the legislation vetoed Mrs. Aron Vinkovetsky have twice had
by the President which should alarm any fed- their visa applications denied on the ba-
eral government bureaus and agencies-un- S18 that his work as a naval engineer
less they have something to hide. It goes dealt with secret matters. This isan ab-
on to point out that the amendments would surd argument, as Mr.. VinkDvetsky re-
simply strengthen the provisions of the 1986 ti Ted from his job more than 7 years
act by chopping down some of the bureau- agb-the maximum time for information
cratic barricades to the people's Access to to lose its secret character in the U.S.S.R.
their own government. Mr. Vinkovetsky's son and daughter-
Mr. Speaker, the best antidote for the in=law, both geologists
have
l
li
,
a
so app
ed
Nixon administration's obsession for for emigration visas twice and been Not the traditional Christian or
secrecy that brought on the Watergate twice denied. His son, Yakov Vinkovet- church-related school, Whitworth,
mess and its own demise is a strong dose sky has had his apartment searched by whose student body includes non-Chris-
of Freedom of Information-embodied in the KGB and both he and his wife have tians and agnostics, has done away with
the provisions of H.R. 12471. I hope that lost their jobs. He has been awed to sup- compulsory chapel, preferring instead
Congress will vote to override the Ford ply the KGB with information about his to develop enthusiasm for faith in an at-
veto of this important measure and com- friends who admire the writings of losif mosphere of openness, diversity and
mend to our colleagues the full text of Brodsky and Alexsandr Solzhenitsyn and shared responsibility. The school has
the Home News editorial: when he refused to comply, his appli- become a new model for Christian col-
CONGRESS MUST OVERRIDE VETO cation was turned down. leges everywhere.
President Ford's self-proclaimed "open ad- Mr. Speaker, I strongly urge the White At a time when more and more young
ministration" was Just two months cad when House not to be deceived by any Idle people are graduating from college with
he sent up his veto of Congress's amendments promises from the Soviet about changes few areas of competency, Whitworth
to the Freedom of Information Act. He wants which they intend to make in their poli- stresses competencies by providing the
stronger Freedom of Information legislation, ties toward Soviet Jews. Actions speak student with the -environment and re-
he assured Congress, but the measure he louder than words, sources to develo a b' ity to com-
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E 6651
WHITWORTH COLLEGE BUILDS FOR
THE FUTURE
HON. THOMAS S. FOLEY
OF WASHINGTON
IN THE HOUSE OF REPRESENTATIVES
Thursday, October 17, 1974
Mr. FOLEY. Mr. Speaker, at a time
when Americans are becoming increas-
ingly concerned about whether colleges
are properly preparing our Nation's
youth for leadership roles in our society,
I wish to take this opportunity to com-
mend a Presbyterian Church-related col-
lege in Spokane, Wash. Whitworth Col-
lege, a fully accredited 4-year liberal
arts college, has concerned itself with
the new challenges to young men and
women and has made creative changes
in curriculum and campus living that will
enable its graduates to be effective in the
world of the future-their future.
While colleges all around the country
are suffering cutbacks in enrollment in-
cluding many who have closed their doors
permanently, Whitworth College con-
tinues to grow, its student enrollment up
39 percent in 3 years. Founded in 1890
by George Whitworth, a pioneer of the
Northwest and a Presbyterian minister,
the college now serves a student body of
1,400 men and women from 30 States and
12 other countries. Whitworth, a member
of the Association of American Colleges,
also offers evening and summer classes
for 2,000 people.
According to Dr. Edward B. Lindaman,
president of Whitworth, the school's un-
precedented growth is beginning to re-
fleet a move away from the "youth ghet-
to" campus concept toward a program
that attracts men and women of all ages
to the campus. Because of the college's
laudatory tuition-free program for stu-
dents over 65, there are currently 42
senior scholars enrolled. These older peo-
ple, says Dr. Lindaman, have electrified
the campus, stimulating the rest of the
student body because of their experience,
adding a valuable new dimension to
classroom discussions. By the late 1970's,
Dr. Lindaman believes 10 to. 15 percent
of the student body will be senior citizens,
and another 10 to 20 percent will be
women between the ages of 30 and 50.
For women, Whitworth has designed
special daytime and evening mini
courses, offered on campus and at vari-
ous locations in the metropolitan area.
One wheat farmer's wife drove 85 miles
each way to attend classes. The college
estimates more than 1,000 women will
have taken part in the program by the
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November 18, 1974 CONGRESSIONAL. RECORD -Extensions o ems s
without new legislation or changing regula-
tions by telling the banks that the govern-
ment funds would be withdrawn each day
unless they return them each night to the
local Federal Reserve bank and obtain from
the Federal Reserve Bank a loan to cover the
same amount. The Reserve banks currently
make such loans, called discount window
loans, but for different purposes.
In this way, Cox said, banks would pay
interest to the government on the funds in
the accounts. In addition, Cox said, the
monetary system would not be disrupted be-
cause the money would be retained by the
commercial banks. What would be involved,
Cox said, would be a bookkeeping transac-
tion that would, in effect, convert the ac-
counts to interest-bearing investments.
Cox said the'proposal was rejected by the
Federal Reserve Board on grounds the ac-
counts are "Treasury operations."
WHERE CASH IS
Following is. a listing of federal interest-
free accounts at Washington banks as com-
piled by the Federal Reserve Board as of last
March:
Riggs National Ralik ------------ $4,586,951
American Security & Trust Co___ 4,201,899
National Capital Bank of Wash-
ington ----------------------
1,553,073
National Bank of Washington---
9.58, 578
Union Trust Co. of D.C________--
813,122
Industrial Bank of Washington__
806, 220
McLachien National Bank __--___
796, 145
First National Bank of Wash-
685,255
__-National Savings & Trust Co.....
636,925
District of Columbia National.
Bank ------------------------
466,688 688
Security National Bank -________
433, 255
Madison National Bank_________
409, 756
Public National Bank -----------
327, 809
United National Bank of Wash___
86,053
Bank of Virginia-Loudon______
2
30,6
,. TTo+innal Ra.nk-
652 65
52
to loan up to, say, $1 million whenever the
corporation asks for it. In return for that
service, the bank wants the company to
leave, say, $100,000 in compensating balances
at that bank. If a loan is actually taken
for $1 million, they want another $100,000
in balances, plus interest on the loan.
"That's where the tax accounts come in.
The $28,000 average annual -balance from
your tax payment is considered part of the
compensating balance you're keeping at the
bank in return for the line of credit. If the
company doesn't get the credit for the
$28,000, it may have to borrow that much at
the prime rate to keep its balances at the
specified level.
"In our case, we'll send the tax balances
wherever you can get the best benefits for
them. We'll wire them up to Boston or New
York (banks that also have accounts from
the same company) , depending on how often
the Treasury withdraws money from that
particular bank in that area. It depends on
whatever the government is doing.
"Every six months or so, the bank will
tally up your average balances. If you have a
shortfall-meaning your balances were too
low-you'd better buy an interest-free cer-
gin. As you recall the measure was
cleared for the White House on October 7
by a vote of 349 to 2 on the conference
report.
Having pledged himself to "open gov-
ernment," it is inconceivable that the
President could have vetoed H.R. 12471,
the product of more than 3 years of con-
gressional investigations, reports, legis-
lative deliberations, and thoughtful con-
sideration by Members of both parties
who were virtually unanimous in their
support for the legislation.
Mr. Speaker, we are urging our col-
leagues in the House to join with us in
voting to override this unfortunate and
ill-advised veto. In that effort we are
being supported by newspapers from all
parts of the country and all shades of
opinion. A representative sample of such
articles and editorials urging the over-
riding of the veto of the freedom of
information bill are included at this
point in the RECORD:
[From the New York Times, Oct. 17, 19741
9 MORE OPEN GOVERNMENT
over the amount requires, tiny u,,m ~ --J1
anything and maybe you're a nice guy and The Freedom of Information Act was
will get favors later. passed by congress in 1966 on the assump-
"Banks can do you a lot of favors. `Can you tion that the public should have broad right
call up so-and-so and set up an appoint- of access to information about the workings
ment.' `Can you put in the good word for us'. of its Government. The act hasn't func-
If you keep being nice to your bankers over tioned particularly well since it went into
the years, it's an insurance policy. Banks are effect because of the Federal Government's
use of a variety of obstructionist tactics
"
"
extremely powerful.
To make sure the banks don't get more ranging from forcing those seeking informa-
than their fair share of balances, companies tion into long and costly litigation to plain
call the bank each day to find out how much old bureaucratic foot-dragging.
money is needed to cover the checks pre-
White has nnow umbers o d and sent is the
rented for payment during the day, the ex-
signed to make the law work more effective-
If pert the said.
company during the year has kept ly, including a provision that would subject
,.,Ainiel rovlew decisions on the classi-
WILL
+Followin is a nationwide listing of the balances larger than r, is
Following into the checking account only nly enough flcation of information. Other amendments
10 largest government interest-free accounts money to cover the checks presented, leaving would open up noncriminal investigatory
held by banks as of February, 1927, in mil- the day's balance at close to zero, the expert files for the first time and would award at-
lions of dollars: said. Otherwise, it will transfer into the ac- torney's fees to successful public litigants. of J Chase of America Bank------------- $177. count
the agreed-upon t levelpaft r the haver ommended thatuPresidenstIcL- is re Ford portedeto
ances only enough funds
Bank nk Tonal a------------------- this legislation. The President himself has
First National City Bank ----------- 139.5 checks have been covered. reportedly expressed reservations about the
Security Pacific National Bank ------ 109.9 "It's an art," the expert said. "It's the type bill
on national security grounds.
Chemical Bank, N.Y--------------- 102.5 of highly sophisticated money management M Ford's concern appears misplaced.
Manufacturers Hanover Trust Co____ 87.2 that is being used by most large companies . F in da new misplaced.
Morgan Guaranty Trust Co--------- 75.2 2 today. It's done by negotiation with the Congress, s, i the amend-
d legislative ef-
Bankers Trust Co., N.Y------------- bank, and of course they don't advertise it. Centst t b made developing
the Government's public's right infv
First National Bank of Chicago-____ 48.7 "The real question is, 'Why the hell should fort to ba a the extraordinary eloping
need form '-
Mellon National Bank & Trust Co..--- 66.7 corporations get adc]itional benefits from tion legitimate 'secrets. Unless the oresident
--^ those tax funds'. The government and the feels that the Federal judiciary is insensitive
FEDERAL BANKING PATTERN BENEFITS FIRMS taxpayer should. But it's the Treasury's fault, to national security or is incapable of ban-
(By Ronald Kessler) and If the Treasury is going to allow it, you doing such issues appropriately, he can have
"The way I look at it is, a tax payment can't blame the companies for taking advan- no justifiable fears about the law's adequacy
has to be made on a certain date. The gov- tags of it." to protect legitimate national secrets.
ernment doesn't draw the money out for so The ability to preserve free and responsive
many days. So why shouldn't the funds be government depends in large measure on the
placed where they can benefit the company? CONGRESS URGED TO OVERRIDE preservation of open government to the
You're able to generate big dollars on a lit- VETO OF H.R. 12471, FREEDOM OF greatest possible degree. That is the prin-
INFORMATION ACT AMEND- ciple that animated the Congress in passing
tle check you're sending to Uncle Sam."
A financial expert familiar with the inner MENTS-I the amendments. It is the motivation that
workings of one of the Washington area's should lead the President to sign them into
major corporations was explaining how his HON. aw.
firm gains financial benefits by placing its HNWILLIAM S. MOORHEAD
federal tax payments in the government's OF PENNSYLVANIA [From the Washington Post, Oct. 5, 19741
interest-free accounts at particular banks. IN THE HOUES OF REPRESENTATIVES AMENDING THE INFORMATION ACT
The name of the game is knowing how For several years now, the public and the
its long Cotheny. government Here 's how it will take works: to withdraw Monday, November 18, 1974 press have had at their disposal an instru-
"Let's say you put a $2.5 million tax pay- Mr. MOORHEAD of Pennsylvania. Mr. Cent to pry unwarranted secrets out of
ment in a bank's government account," the Speaker, newspapers from all parts of government agencies, but it is so cumber-
expert said. "Let's say it stays in the account the United States have been editorializ- some that it is little used. Only a handful
four days before the government draws it out. ing about President Ford's surprising of cases has been brought by the news media
That means that on an annual basis, you're under the Freedom of Information Act, and
veto on October 17 of the Freedom of those took many months to resolve.
adding to the bank's balances by $28,000, and Information Act amendments contained Now Congress has brightened the future
most of the money can be invested by the
bank until it Is withdrawn. in H.R. 12471. This bipartisan measure of openness in government, and President
o they The banks want
that money, , so o what at do tdo to get it? was passed by the House last March by Ford will soon have an opportunity to share
"A corporation can't operate today without a vote of 383 to 8 and in May it was ap- in the results. By overwhelming votes of
a line of credit. That means the bank agrees proved by the Senate by a 64 to 17 mar- both the House and the Senate, a series of
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CONGRESSIONA
L
RECORD-,Extensions of Remarks November 18, 1974
amendments has been proposed for the old ments strengthening the Freedom of In-
Freedom of Information Act which should formation Act of 1966. Hir action drew a REFLECTIONS
make It much easier for citizens and journal- prompt and justified rebuke from Pittsburgh
Isis to learn what the government is doing in Rep. William S. Moorhead who, as chairman
their behalf. The bill has emerged from con- of the House Foreign Operations and Gov- of HON. E r TENNES .TONES
ference in, good shape. It has already been ernment Information Subccmmittee, played SEE
given final approval by the Senate, and the a leading role in the legislator.
House is expected to do the same next week. Mr. Moorhead rightly sees the veto as an- IN THE HOUSE OF REPRESENTATIVES
Then it will be up to Mr. Ford-and there other victory for bureaucrats over the pub- Monday, November 18, 1974
the outcome is not as certain. lic's right to Information concerning
The Justice Department has expressed the mental activities. Virtuall every govern- govern- Mr. JONES of the Nat rur aalizat zition I on Speaker.
mo s the Nat an
fear that the new regulations would make ment department and agency, Including recently
FBI files vulnerable to search by the public Justice Department, o g ceremonies
ddress w at delivered Tenn., rd
and the press. Indeed, the act does require ments, phosad the amend- . address was naturalized by citizen Mr. Gerhard
the disclosure of certain types of investiga- The principal objection to the resolution Ruetz, a naturalized ell of t;h
tive information, but it safeguards that In- apparently centered around an amendment United States. Because I fe feel that Mr.
volving current prosecutions. Nevertheless that would have subjgcted to judicial review Ruetz' speech is of interest to all eitizenfi
the Justice Department has cr?+e, ued +
a presidential veto. But we suspect that the That amendment _ _ _
wurin wren those interests privately classified Information being sought Seven years ago in this very courtroom, my
are in need of defending. And in the mean- and rule on whether the infcrmation should grated for Ameriab Citizenship was
time the value of the legislation is so great be classified and withheld or should be made granted v this judicial t. w ranch as I the United
it would be a pity if the President chose to public. Federal judges already have such a States government. I was then, o am now,
veto it on these grounds. right in criminal cases. deeply honored, and a little nervous to state
The new amendments would require agen- The bureaucrats persuaded the President my reasons and beliefs why I wished to Ue-
be,-
cies to keep an index of the documents they that this and other amendments would jeop- come a citizen of this nee y.
generate- so that citizens for the first time ardize information classified. as secret for Abraham Lincoln once said: Better to
would have some orderly way of keeping foreign policy or national security reasons, spe air silt and be
track of what government agencies are doing. But surely federal judges could be relied speak hs sari t appl all doubt! see I
remove all doubt! Well, to
They would shorten to 30 days the amount upon to exercise discretion and judgment. hope this tawill u not apply to me. You see, e
of time in which an agency would have to Mr. Moorhead and his colleagues shouldn't am a self-taught linguist ands my years, struggle
respond to a suit claiming that valid infor- take the veto lying down. They should try with the language, dent If many years, Is
station had been denied. If a citizen were to to override it and, failing that they should hope you will give m. II that occurs, I
sustain his claim in court, the agency might hold the President to his promise to submit hope you and forgive I found t there fie little be required to gay his legal fees. Agency offi- soon his own proposal to strengthen the law. way, one can do, when the mind thinks one
ciale who withheld. information the court We believe that this President can be per- way, but the mouth express it totally
believed they should have provided could be suaded yet to put the public's interest ahead different.
required to answer for their actions before of that of overly-secretive bureaucrats. It a he months we will be celebrating one
the U.S. Civil Service Commission. The agen- history. the most outstanding events in human
cies would be required to conform to strict IFrom the Miami Herald, Oct. 29, 19741 h the istory. I birth of our n t the 200 anniversary
on,
guidelines in handling requests for infor- w not s our ing an. In da opinion,
no,
oration, and they would have to report to To LET THE SUNSHINE OUT we are not just having a birthday. Oh no,
ation once a year l the} performance. In a joke making the rounds a few years much more than that: We will be celebrating
Even with the possibility of a presidential back, a picketer at the White House waves a all event which realized the deep and basic
Veto-remote though we hope it is-there sign reading "The President Ys a Fool" and need of mankind to be free. This need has
may well be sufficient votes to override, are is promptly arrested for revealing top secret been eminent since man's existence upon the
may the original
bll passed both house- information. earth. Open up any history book, in any
by large margins. The anecdote makes a point. Although country, and you will find accounts of man's
Thremargin imponderables concern the governmental secrecy has some legitimate quest for freedom. Open the Holy Bible anal r vah news ingdia onderlble. I the past, uses, it is as often the refuge of fools and you will read the same. Almost every day we
the scant use of the act b the scoundrels who cover up their indiscretions are witnesses through the medium of radio,
the scant use attributed to the press cold by denying the public access to vital infor- television, and the printed press of acts in-
orv and fy be n went inamount of to trying mation. volving independence concerning some ind:i-
tomake useustratio
it. The frustration went It does not have to be that way. In Florida vidual. The drama of man's search for
at the hand of the ustrntioation but was not a tough law to bring about "government in freedom is unending, it cannot be erased,
just that h the courts, whop often but also showed the sunshine" is a model for other states. because God implanted in us the spirit of at of less enthusiasm than they 'should have for At the federal level, Florida's Sen. Lawton freedom.
cases involving the }n tormation law. Chiles, the citizen lobby Common Cause and Perhaps it would do us good to reflect dur-
Now cases
that l Congress has atio l its clear several prominent persons in government and ing our bi-centennial celebration on the
ntent that adjudication eanin
that, it version of the "sunshine law" with a few find meaning and strength in the efforts of
the legislation be,tspeedy, becomes law, the courts changes to take into account; military se- Individuals, people like you and me, who
act withla that spirit. aw, All of t this should will will crecy and foreign affairs that are not a prob- established ideologies and defended therm
make journalists haspirit. aggressive at the state level. with their lives, so that government of, for
this '
improved more about sing After months of work, congressmen and by the people should never vanish from under thi laot proved nt. useful t Even those with thought they had hammered out an accept- thN cane
ore law, the
erate to keep pushing. That is able compromise to guarantee public access No one gave this country a chance to sur-
of was to NBC News pushing.
how Carl veran a
able h dies to public records and the public's business. hive, based simply on those principles on
cover from the FBI that the late J. Edgar The measure, watered down somewhat to all realize it was was founded that we we are I Wonder, is digore
Hoover took it upon himself to mandate the meet President Ford's stated objections, all actually st andng in
unconstitutional harassment of political die- passed the House 383-8 and the Senate 64-17. the cradle of independence? TheodoreRoo e
senters. Learning how government business The chief author of the compromise, Rep. Welt in the hest volume
described his series: " in
is done is the business of the media, and William Moorhead of Pennsylvania, not d Winning of the West" describen the forming
this new measure could help, if it is ) that the bill would "provide the openness in of the "Watauga American Association" t 1772 as "the
signed into law and 2) used. government that President Ford has promised first men of Amrcan birth to establish is
free
d
From the Pittsburgh (Pa.) Post-Gazette,
Oct. 13, 1974]
FORD'S WRONG; MOORHEAD'S RIGHT
On the same day that President Ford
demonstrated a commendable desire for open
discussion of national issues by testifying
voluntarily before a congressional commit-
tee, he turned around and vetoed legislation
designed to improve public access to govern-
ment-held information.
The President rejected House Resolution
12473, which included a series of amend-
independent community on this
us and predicted it would be signed into an
law. continent." On July 5, 1776, only one day
But Gerald Ford had a secret . He vetoed after the signing of the Declaration of In?-
thcompromise rd hadre an ill-advised dependence, (and we could remember here
action that Washington observers blamed on athat ble at that t time, and time, and communication it t took was
probably pres toy weeks
the President's listening to the Pentagon's before before a s.
views on secrecy. that news from Philadelphia spread)
to the Mr. Ford's stated reasons for his veto were District presented the citizens of Washington
a petition to the Provincial
totally unconvincing. We trust that when Council of North Carolina, stating:-"'You
Congress returns following its election re- may annex us to your province in such a
cess, it will act promptly to enact the Free- manner as may enable us to share in the
door of Information Act to start letting a glorious cause of freedom and liberty."
little sunshine illuminate the acti
iti
v
es
the federal of We should be proud of the fact that here,
government. in this area, the seeds of inde
ende
p
nce were
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CONGRESSIONAL RECORD - Extensions of Remarks Lv` ovember 18, 1974
associates are to be commended for the
leadership and foresight they have dis-
played in developing computer audit pro-
grams which I am certain have a bene-
ficial impact upon our economy. The com-
pany today has a client roster of some
70 companies who are utilizing their
packages in the over 200 computer in-
stallations they maintain.
Under the leave to extend my remarks
in the CONGRESSIONAL RECORD, I include
the following excellent story by Martin
Skala from the Christian Science Moni-
tor of September 18, 1974:
In "an effort to reduce white-collar crime
and safeguard business records, security-
coi scious companies are throwing a pro-
tective net over their computers.
The corporate computer center, with its
blinking lights and whirring tapes, is no
longer considered a glass-walled showcase
for all to see. Instead, computer-security ex-
perts say, business firms are increasingly
limiting physical access to costly data-proc-
easing centers and taking special measures
to protect computer files against the entry
of unauthorized transactions of spurious
records.
Concern over computer security has
grown considerably since disclosure of the
Equity Funding scandal and other less spec-
tacular cases of computer fraud, according
to Joseph Wasserman, president of Computer
Audit Systems. As more companies process
their records by computer, he says, the risk
of major losses, either through fraud or hu-
man error, mounts substantially.
This computer-security expert says that
In addition, many computers are being
programmed to limit an individual's access
to certain files. Sometimes passwords, keys,
and badges are required t9 activate a com-
puter input device, thereby limiting access to
the system. Some business firms Mr. Wasser-
man notes, instruct the computer to pro-
duce a journal, or log, which reveals who has
used the system, when and how.
Such records help establish individual ac-
countability, a key element in preventing
computer misuse.
Major accounting firms, some of whom
faced legal suits because of alleged over-
sights in detecting computer fraud, are
rapidly building up computer-auditing ex-
pertise.
This month, the American Institute of
Certified Public Accountants will issue a
set of standards emphasizing auditors' re-
sponsibility to evaluate a computer system's
accounting-control features.
CONGRESS URGED TO OVERRIDE
VETO OF H.R. 12471, FREEDOM
OF INFORMATION ACT AMEND-
MENTS-III
HON. WILLIAM S. MOORHEAD
OF PENNSYLVANIA
IN THE HOUSE OF REPRESENTATIVES
Monday, November 18, 1974
Mr. MOORHEAD of Pennsylvania. Mr.
Speaker, soon after President Ford took
the oath of office last August, he pledged
to the American people his commitment
to "open Government." The sponsors of
H.R. 12471, making clearly needed im-
provements to the Freedom of Informa-
tion Act, had labored for more than 3
years to produce the bipartisan legisla-
tion which had been approved by the
House and Senate by almost unanimous
votes. We subsequently approved the
conference report on the legislation in
the House by a 349 to 2 rollcall vote and
sent it to the President for what we all
thought was to be the first action by
President Ford to fulfill his commitment.
But much to everyone's shock and
amazement, he vetoed the bill on Octo-
ber 17, just as Congress was preparing to
-return home for the Election Day recess.
Mr. Speaker, newspaper editorials
from all parts of the country have since
pointed out the urgent need for Congress
to override this unwarranted veto in or-
der that the American public's "right to
know" may be preserved and the pledge
of "open Government" may become a re-
ality. At this point in the RECORD, I in-
clude another representative sample of
these articles and editorials for the in-
formation of our colleagues who will soon
be asked to join with us in voting to over-
ride this senseless veto:
[From the Seattle Post-Intelligencer,
November 12, 1974]
CONGRESS MUST GUARANTEE PUBLIC'S RIGHT
To KNOW
One of the vital issues facing Congress
when it returns from the election recess will
be President Ford's veto of the 1974 Freedom
of Information Act.
Congressmen should override the Presi-
dent's veto of the measure--designed to
make it easier for citizens to gain access to
federal documents.
The 1974 version of the act would close
loopholes in the 1966 Freedom of Informa-
tion Act that have frustrated the public's
right to know. The new act would shift the
burden of proof from individuals seeking
information to those agencies denying access
to federal documents.
Under the present act, information often
has been withheld simply because it might
serve to embarrass an agency or cause a bit
of effort by government employes. Individuals
have had to go to court to obtain federal
documents.
A dramatic example of why the new act
is needed was provided last week with the
end of a local couple's five-year struggle to
see Internal Revenue Department tax audit
records.
Philip and Sue Long of Bellvue finally se-
cured access to the records after spending
$20,000 of their own money in the quest for
IRS tax information.
It is the first time that this information
has been made available to the public, the
press or even Congress.
The new Freedom of Information Act
would reduce the leeway of law-enforcement
agencies to withhold information for "con-
fidential" reasons and shorten by a few days
the amount of time an agency has to com-
ply with a request. It would also permit the
Civil Service Commission to discipline bu-
reaucrats, if the courts find that they have
"arbitrarily or capriciously" withheld infor-
mation.
During the House debate on the 1974 bill,
Rep. Bill Alexander, Arkansas Democrat, said
he had been unsuccessful last year when he
tried to find out how much wheat subsidy
had been paid to grain exporters for their
sales to the Soviet Union.
Alexander concluded: "If I, as a member
of Congress, become frustrated when I am
denied access to information vital to the
public welfare, what about John Q. Citizen
and his efforts to get the information he
needs?"
What about John Q. Public indeed?
When President Ford took office in August,
he declared his administration would be an
"open" one. Despite that promise, he has
taken a step backward in vetoing the Free-
dom of Information Act.
Congress should act promptly to re-affrm
the public's right to know what its govern-
ment is doing.
[From the Providence Bulletin,
Oct. 21, 19741
INFORMATION FREEDOM
There were no ruffles and flourishes when
President Ford vetoed the Freedom of In-
formation Act Amendments last week. As
quietly as possible the press was informed
late Thursday afternoon that the President
considered the legislation "unconstitutional
and unworkable" although he said it had
"laudable goals."
Ironically, the Senate-House conference
committee, which labored four months over
a compromise measure, had altered various
provisions in an effort to satisfy White House
reservations expressed soon after Mr. Ford
took office. When the final version was com-
pleted; Mr. Ford took no position and it was
approved-by voice vote in the Senate and
349 to 2 in the House.
Ironically, the President's most serious
objection is to a provision authorizing the
courts to review secret government infor-
mation to determine whether it had been
properly classified. Mr. Ford said this would
permit the courts to make what amounts to
"the initial classification decision in sensi-
tive and complex areas where they have no
expertise." An important point he failed to
acknowledge, however, is that the courts
now have this authority in criminal cases.
Other objections cited in the veto message
include these provisions: 1. giving the courts
discretionary authority to grant court costs
and attorneys' fees to successful petitioners;
companies must be alert to several types
of computer misuse ranging from vandalism
by disgruntled employees to the theft of
money or proprietary data by covert manip-
ulajdon of computer files. Although they
often create a big headlines, "all deliberate
attempts to steal through the machine cost
business far less than programming errors
and ineffective cintrols over computer sys-
tems," Mr. Wasserman said in an interview.
Programming errors can destroy, scramble,
or misplace data, resulting in thousands of
dollars of financial loss, if managements
don't install proper controls.
In one widely reported case an inexperi-
enced programmer and made a key change
in the accounts-receivable file of a large re-
tail chain. The change was never reviewed
or tested before running the program under
actual operating conditions. This failure was
responsible for destroying by erasure, all
customer-debit balances, and led ultimately
to the chain's bankruptcy.
This type of problem, Mr. Wasserman says,
can be minimized by using the technical
capabilities of the computer to audit itself.
As computer systems have become faster
and more versatile, a growing number of
calculations are performed internally with-
out leaving a printed record. This makes it
very difficult for accountants, who often are
not familiar with programming methods, to
trace transactions and spot irregularities.
With high-speed, magnetic-tape systems
connected to numerous input-output termi-
nals at remote locations, computers no long-
er leave piles of paper for an "audit trail," ac-
cording to Mr. Wasserman.
To protect computerized data against tam-
pering and to spot errors, Computer Audit
Systems and other computer consultants
have devised special computer programs for
control purposes. These consist of series of
instructions, written in computer-language,
that independently analyze information al-
ready processed by the computer. The audit
software, in effect, tests the information
stored in the computer for accuracy, and in
some cases, may even detect fraudulent acts.
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E 6673
lastly resisted all attempts at resuscitation. `detente between the United States and The kind of thing Kelley worries about is
We have yet to develop the alternate sources the Soviet Union. It Is widely believed typified by the Case of Valeriy I. Markelov,
of energy that everyone concedes are essen- that this policy has meant a relaxation Markelov, his wife and daughter, arrived in
tial to our future well-being. And we con- of tensions between the 6WO countries. New York in 1967 and he began his work at
tinue tolive with the ominous threat of nu- the U.N. as a translator.
clear war. During debate on the retention of the In the fall of 1970. he became acqualiTted
Clearly, it is a time for responsible action. Rouse Internal Security Committee- with an engineer employed at the Grumman
The question is: Can a large Democratic ma- whose function is to watch those -groups Aerospace Corp. on Long Island. It soon 'be-
jority in Congress get together with a Re- which advocate violence to attain their came apparent to the FBI that Markelov was
publican congressional minority and a Re- objectives as well as those controlled by Interested in much more than translating
publican President in order to accomplish unfriendly foreign powers-it was even Russian at the U.N. Secretariat.
the things that need to be accomplished? ar Markelov had 11 separate meets
On the surface, the prospects for mean- wed that the committee was obsolete figs with
.. :tee
'+ "' and persistently solicited classified Informs.
executive and the Democratic Congress seem This, however, is certi inly not the tion about the new Navy jet fighter Grum.
remote. Many Republicans, myself Included, -case. Although tensions have supposedly man was developing, the F14A.
are tempted at first glance to assume the relaxed, the FBI now reports that there On Feb. 14, 1972, Markelov was arrested
politically attractive attitude which was has been an alarming increase in the after taking possession of classified doc:u-
aptly articulated by Sen. Hubert Humphrey ;..number of foreign intelligmice agents-- ments relating to the plane. Evidence against
(D-Minn.) :
"Democrats beware f Now you have to dP_ Tnostly Soviet-operating inside the .him also included the fact that he had slip -
long a monopoly. The people ex - aiaraelov was subsequently indicted by a
expect them to the cold war. American internal security federal grand jury but the Indictment was
act decisively. and are likely to be disap- still requires vigilance. dismissed and he was returned to the Sovie
pointed. That is because increased party Following is an article o:a the MI re- Union.
numbers have little to do with congressional port by John Lofton, which appeared in So, thanks to FBI Director Clarence Kelley,
effectiveness; it is the machinery of Congress the November 16 issue of Human Events. we have one more criterion by which to judge
that needs to be changed in order for posi- the success of detente. Presumabl the Ruis-?
tive action to take place. Theoretically, the FBI CHIEF HAS HANDS FULL: A4ARMING In. y,
advantageous Republican strategy would be CREASE IN'RED SPIES IN THE UNITED STATES Sian spies there are running around in this
to wait for the inevitable non-performance (Bv John n r.ofto . Jr I country, the more "tensions" are being "re-,
and
rea
he
".,
p
electoral rewards in
1976.
But that would be precisely the type of
politics-as-usual that the country cannot
afford. That is why I am proposing a drastic
departure from political tradition in which
the Democrat majority will come together
with the Republican minority and the Pres-
ident to form In effect a consensus type of
government.
Practically speaking, this would involve
the clearance of administration legislative
proposals with the Democratic and Republi-
can leadership prior to their arrival on Cap-
itol Hill. It would also mean that the Demo-
cratic leadership would provide the minority
with substantially greater Input on the
scheduling of legislation, so that partisan-
ship would play less of a role in the fate of
legislation that the country needs.
There is a modern precedent for this type
Congress were able to get together despite
their personal differences in order to launch
the Marshall Plan, an effort which Prdfessor
Richard Neustadt termed "as thorough a dis-
play of executive-congressional co peration
as any we have seen since the Se World
War." That is precisely the ty a of non-
partisan concern for the welfare of the na-
tion that I suggest must prev#il during the
remainder of this session of Congress and
throughout the 94th Session`
I realize that it is a notion that is not
instantly attractive to many members of
both political parties. But neither is Inatten-
tion to the nation's problems attractive.
Never before has it beets more important for
good men and women' of both political par-
ties to join together in a common assault on
the nation's problems. The American people
deserve action on the part of their federal
government and not two years of partisan
stalemate.
Many people believe that detente has Aren't you glad the Card War is over?
between the Soviet Union wad the United
States. But for FBI Diabctor Clarence. Kelley
detente has been a time of increasing ten-
dons. As a matter of fact, Kelley is very up-
ight about the Russians.
What's bugging the nation's No. 1 C-man
Is that as "teisions" have s.ipposedly "re-
taxed," there ,has been an ala:'ming increase
in the nt