Panel OKs Bill to Keep More Federal Data Secret

A Senate Judiciary subcommittee Wednesday approved a measure that would substantially expand the amount of information the government may shield from disclosure under the Freedom of Information Act.

In addition, the subcommittee endorsed a resolution calling for a constitutional amendment requiring a balanced budget. Both measures now must be considered by the full committee.

By a vote of 4 to 1, the Constitution subcommittee approved legislation that would broaden existing Freedom of Information Act exemptions covering organized crime files, government informant files, Secret Service records and certain files containing home addresses of individuals.

The bill, sponsored by Sen. Orrin G. Hatch (R-Utah), is identical to one that was passed by the Senate last year but was not acted on by the House. News media organizations have vigorously opposed it, saying that it would give government officials too much discretion in denying requests for federal files.

For example, the measure would allow officials to withhold federal law enforcement information if a request “could reasonably be expected” to disclose confidential information or the identities of confidential sources. The current law allows exemptions only if release of the information “would disclose” confidential data.

Among the bill’s definitions of a confidential source are “state, local or foreign agencies or authorities or any private institution which furnished information on a confidential basis.” Critics contend that the language goes beyond protecting informants and would cover virtually every institution supplying information to a law enforcement agency.

The bill gives Secret Service officials more discretion in turning down requests for information. It grants a broad exemption to disclosure of records “to the extent that the production of such records or information could reasonably be expected to adversely affect the service’s ability to perform its protective functions.”

The Hatch measure is co-sponsored by Sens. Strom Thurmond (R-S.C.), Dennis DeConcini (D-Ariz.), Charles E. Grassley (R-Iowa) and Jeremiah Denton (R-Ala.).