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November 18, 1974
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Approved For Release 2005/06/09 : CIA-RDP75B00380R000700010004llf` 11-x. ? i 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- Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 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- Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 FO / Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 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. Approved For Release 2005/06/09 : CIA-RDP75B0038OR00070 010QP4-4 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 Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 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- Approved For Release 2005/06/09 : CIA-RDP75B00380R00070001 6w03- 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 Approved For Release 2005/06/09 : CIA-RDP75BJD0380 070 10004-4 E 6679 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 Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 E 6680 Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 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 Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 E 6674 Approved For Release 2005/06/09 : CIA-RDP75B0038OR00070Q010QQ4-4 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. Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 Approved For Release 2005/06/09 : CIA-RDP75B0038OR000700010004-4 November 18, 1974 CONGRESSIONAL RECORD --Extensions of Remarks 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