Transportation Bill Pre-empts State Sunshine Laws - Information & Access

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Published: 07/26/2004

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Transportation Bill Pre-empts State Sunshine Laws

A provision in the transportation spending bill, H.R. 3550 and S. 1072, could pre-empt state and local sunshine laws and pre-empt public access to problems on the roads, highways, sea, and air.

The administration requested that the amendment in Section 3029 of the spending bill be added and it appears unlikely to be removed. The section allows information designated as "sensitive security information" to be shielded from disclosure. The language is not scheduled for debate when House and Senate negotiators meet to hammer out differences in the House and Senate versions of the bill. Thus, the likelihood that the provision will be removed appears low.

This legislation, like many of the efforts to expand secrecy since and before 9/11, assumes that secrecy makes us safer while the free flow of information endangers our safety. And yet, when Congress or the executive branch gives government officials the authority to keep secrets, they should carefully craft these laws and regulations with two principles in mind. First, any exceptions to open government should be made only when government can make a public case that such disclosure will harm national security.

Second, government should ensure that information not threatening to national security be left unrestricted and available to the public. Creating broadly defined zones of secrecy under imposing titles such as "sensitive security information" or "Sensitive Homeland Security Information" only hinders the government's ability to keep necessary secrets and prevent unnecessary ones. Strong safeguards for our secrets and the free flow of information protect the government from improper accusations of corruption or abuse and protect the public's trust.