The Honorable Susan Collins
Chair, Senate Committee on Governmental Affairs
United States Senate
340 Dirksen Senate Office Building
Washington, DC 20510

The Honorable Orrin Hatch
Chair, Senate Committee on the Judiciary
United States Senate
224 Dirksen Senate Office Building
Washington, DC 20510

The Honorable Joseph Lieberman
Ranking Member, Senate Committee on Governmental Affairs
United States Senate
604 Hart Senate Office Building
Washington, DC 20510

The Honorable Patrick Leahy
Ranking Member, Senate Committee on the Judiciary
United States Senate
152 Dirksen Senate Office Building
Washington, DC 20510

March 12, 2003

Dear Senators Collins, Hatch, Lieberman, and Leahy

The Homeland Security Act of 2002 was a very important legislative accomplishment that responded to new challenges facing our country.

On the path to passage of the Act, however, certain sections, particularly Section 214, dealing with Critical Infrastructure Information,  left a number of journalistic organizations concerned that broad categories of information – particularly information that relates to the public’s health and safety – would unnecessarily be shielded from public view. 

Thus, we support efforts to clarify the language in favor of essential openness, which, in fact, will also resolve potential barriers that restrict the government’s own use of information provided by companies. The “Restoration of Freedom of Information  Act of 2003” would substitute bipartisan language developed last year by the Senate Government Affairs Committee for that which was enacted into law.  This bill would:

• Clarify the FOIA exemption to be more consistent with established law, while still protecting records on critical infrastructure vulnerabilities submitted to the Department of Homeland Security by private firms. 
• Remove the restrictions on the government’s ability to act as it sees fit in response to the information it receives. 
• Preserve whistleblower protections by removing unnecessary criminal penalties.

It is important for both citizens and the government process that these changes in law are made quickly.

Thank you for your consideration.

Sincerely,

American Society of Magazine Editors

American Society of Newspaper Editors

Associated Press Managing Editors

Freedom of Information Center, University of Missouri School of Journalism

Magazine Publishers of America

National Federation of Press Women

National Newspaper Association

National Press Club

Newsletter & Electronic Publishers Association

Newspaper Association of America

Radio-Television News Directors Association

Reporters Committee for Freedom of the Press

Society of Professional Journalists

cc:        Members of the Senate Committee on Governmental Affairs

            Members of the Senate Committee on the Judiciary