July 25, 2015

United States Senate

Washington, DC 20510
Via email
Re: Provisions of H.R. 22 related to the Freedom of Information Act
Dear Senators,
On behalf of Public Citizens more than 400,000 members and supporters, we urge
you to oppose provisions of the vehicle bill for Highway Funding Reauthorization,
(H.R. 22, Hire More Heroes Act) that would shield the publics access under the
Freedom of Information Act, 5 U.S.C 552 (FOIA), to important safety and hazard
information on public transportation, trains and vehicle/trucking companies and
their operators.
FOIA is a crucial tool for the media, the public, and groups like Public Citizen that
work on behalf of the public interest, to understand government operations and
hold government agencies accountable to the people on whose behalf they work.
Since our founding, Public Citizen has been at the forefront of securing the publics
right-to-know. FOIA should be strengthened to make it easier, not harder, for the
public to gain access to information pertaining to the activities of the government.
Four provisions of the highway funding bill would exempt information from
disclosure under the FOIA: Sec.21015 (a)(4), Sec. 32003(a), Sec. 35436 20168(i),
and Sec. 35438(3). These four provisions should be removed from the bill. Sec.
21015 (a)(4) would bar public access to public transportation agency safety plans
critical information for ensuring adequate safeguards are in place to guard against
injury and loss of life. Sec. 32003(a) would block access to ranking and other data
related to the safety of motor vehicle carrier companiesinformation a company
operating unsafely might wish to keep secret, but of undisputable public interest.
Sec. 35436 20168(i) concerns in-cab recordings in passenger trains obtained for
accident or incident reviews, and Sec. 35438(3) relates to modifications of tank cars
for high hazard flammable train service. With the rash of recent train accidents that

is plaguing our nation it is unconscionable for the transportation funding bill to

weaken the ability of the public to access this vital safety information. FOIA
exclusions should not be used to protect companies from embarrassment or
disclosure of their mistakes.
FOIA provides for public disclosure of government records, subject to nine
exemptions: for national security, certain law enforcement information, personal
privacy, and confidential business information and trade secrets, among others. If
the information covered by the four provisions falls under one of the existing
exemptionsfor example, if it is confidential commercial information or information
collected as part of a law-enforcement investigationthe provisions are
unnecessary. And if the information does not fall under one of the existing
exemptions, a showing should be made of why the information warrants secrecy.
Moreover, this showing should be considered in consultation with the Judiciary
Committee.
We note that FOIA is solidly in the jurisdiction of the Judiciary Committee. That
Committee should be consulted about these provisions in advance of any vote.
Notably, both the Senate and the House of representatives are currently weighing
bills to strengthen FOIA, H.R. 653 & S. 337, to remove roadblocks to public access to
government records.
Its clear that America has an infrastructure crisis: bridges are crumbling, roads are
in desperate need of repair and mass transit options are too few and far between.
The American Society of Civil Engineers 2014 Report Card for Americas
Infrastructure estimates that $3.6 trillion in investments are needed to modernize
and repair U.S. infrastructure. A transportation funding bill should not be rushed
through that would have the impact of making our roads, rails, and public
transportation systems less accountable to the public, and therefore more
hazardous to us all.
We urge you to strip Sec.21015 (a)(4), Sec. 32003(a), Sec. 35436 20168(i), and
Sec. 35438(3) from the bill.
Sincerely,

Robert Weissman
President
Public Citizen
division

Susan Harley
Deputy Director
Public Citizens Congress Watch