Home » Articles posted by dcornwall (Page 85)

Author Archives: dcornwall

Our mission

Free Government Information (FGI) is a place for initiating dialogue and building consensus among the various players (libraries, government agencies, non-profit organizations, researchers, journalists, etc.) who have a stake in the preservation of and perpetual free access to government information. FGI promotes free government information through collaboration, education, advocacy and research.

Public Libraries and US Code Index

Recently, there was a govdoc-l thread on the posibility of Congress discontinuing its printed index to the United States Code. At first this didn't seem to be such a big deal since my library also subscribes to the U.S.C.A, LEXIS and the code itself is freely available online.

Subject: Re: US Code Index may be eliminated I'm so glad you posed this question! I sometimes feel in the minority in the gov docs community because I'm at a public library, and your question brings up issues that are at the heart of serving our public! Our limited funds mean that Westlaw, Lexis, and other paid databases are not options, so yes, our patrons do use the index, and usually prefer using the print to the electronic option. They also use the appendices. Please let the good folks at the Office of Law Revision Counsel know that if they do not put the money into the print version, then PLEASE spend that money on more computers, more instructional classes for library staff and the public, and more database access in our public libraries! Access to our country's laws should not be dependent upon the economic class of the person requesting it! Melissa Earley Reference Librarian II, Government Documents & H. Carlisle Bean Law Library Spartanburg County Public Libraries
Since the vast majority of the Federal Depository Library Program (FDLP) libraries have historically been academic and special libraries, it is easy to overlook the needs of public libraries (20%) which as a group have fewer resources. Additionally, although public libraries are the smallest part of the FDLP, they are closest to the ordinary citizen that the FDLP is supposed to serve. So the federal government and the rest of the depostiory community have a responsibility to make it easier for public libraries to provide federal government information, not harder. If print is what is needed to help public libraries, the government should give it to them. Thanks Melissa for bringing this issue of public library needs to the community's attention. Continue reading

Continue Reading →

Updates on Presidential Signing Statement Page

Recently I've been able to update our page on Presidential Signing Statements with these three relatively new signing statements:

  • 20061004 - No privacy reports under DHS?
  • 20061013 - Keeping Internet gambling in the dark
  • 20061017 - No information on threats to America
Each of these statements appear to deny reports to Congress and/or the general public. We at FGI look forward to the day when Presidential Signing Statements that purport to cancel portions of passed laws are challenged in the courts. No President, Republican, Democrat or other should have the ability to selectively annul portions of laws through signing statements. They should either veto the laws, challenge them in open court, or faithfully execute them as they have sworn to do. Those are the lawful options in our country. Continue reading

Continue Reading →

20061004 – No privacy reports under DHS?

In his October 4, 2006 Statement on Signing the Department of Homeland Security Appropriations Act, 2007 (H.R. 5441), the President said:

The executive branch shall construe section 522 of the Act, relating to privacy officer reports, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch.
and
The executive branch shall construe section 503(c)(4) in a manner consistent with the constitutional authority of the President to require the opinions of heads of departments and to supervise the unitary executive branch. Accordingly, the affected department and agency shall ensure that any reports or recommendations submitted to the Congress are subjected to appropriate executive branch review and approval before submission.
The full text of HR 5441 can be found on its Thomas page. Section 522 appears to be intended to prevent anyone but the DHS privacy officer from altering his/her reports:
SEC. 522. None of the funds made available in this Act may be used by any person other than the Privacy Officer appointed under section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (6) of such section.
Makes you wonder why you'd want other people to alter the reports, or why a REPUBLICAN Congress might be concerned enough to put this provision into legislation. Section 503(c) does not appear to come with a subparagraph 4. If you spot such a provision or know what the President is talking about, please let us know in comments or by e-mail to admin AT freegovinfo.info Continue reading

Continue Reading →

20061013 – Keeping Internet gambling in the dark

The October 13, 2006 Statement on Statement on Signing the SAFE Port Act contained this statement:

The executive branch shall construe as advisory provisions of the Act that purport to direct or burden the conduct of negotiations by the executive branch with foreign governments, international organizations, or other entities abroad, that purport to direct executive branch officials to negotiate with foreign governments or in international organizations to achieve specified foreign policy objectives, or that purport to require the executive branch to disclose deliberations between the United States and foreign countries. Such provisions include subsections 205(d) and (i) and 803(b) of the Act; subsection 431(b) of the Homeland Security Act of 2002, as amended by section 301 of the Act; and subsection 629(h) of the Tariff Act of 1930, as amended by section 404 of the Act. Such provisions, if construed as mandatory rather than advisory, would impermissibly interfere with the President's constitutional authorities to conduct the Nation's foreign affairs, participate in international negotiations, and supervise the unitary executive branch.
The full text of the Safe Port Act can be found on its Thomas page. One of the more surprising areas where the Administration is refusing to report on is Internet Gambling. The President fears for the safety of the country if this report is made to Congress:
803 (b) Report Required- The Secretary of the Treasury shall submit an annual report to the Congress on any deliberations between the United States and other countries on issues relating to Internet gambling.
One would think that the Administration would want to document progress towards eliminating Internet gambling. What purpose is served in keeping it secret? Of course, one can also be surprised that Internet gambling made into a ports bill to begin with! Continue reading

Continue Reading →

20061017 – No information on threats to America

From Statement on Signing the John Warner National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122), published on October 17, 2006 and put into October 30 Weekly Compilation of Presidential Documents

A number of provisions in the Act call for the executive branch to furnish information to the Congress or other entities on various subjects. These provisions include sections 219, 313, 360, 1211, 1212, 1213, 1227, 1402, and 3116 of the Act, section 427 of title 10, United States Code, as amended by section 932 of the Act, and section 1093 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) as amended by section 1061 of the Act. The executive branch shall construe such provisions in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.
The full text of the Act can be found on the HR 5122 bill page on Thomas. Some of the information the President proposes to withhold include:
  • Sec. 313. Response plan for remediation of unexploded ordnance, discarded military munitions, and munitions constituents.
  • Sec. 360. Energy efficiency in weapons platforms.
  • Sec. 1211. North Korea. - This section requires an interagency review of policy towards North Korea and requires this report - (4) REPORT- Not later than 90 days after the date of the appointment of an individual as Coordinator under paragraph (1), the Coordinator shall submit to the President and Congress an unclassified report, with a classified annex if necessary, on the actions undertaken under paragraph (3). The report shall set forth--(A) the results of the review under paragraph (3)(A); and (B) any other matter on North Korea that the Coordinator considers appropriate.
  • SEC. 1213. INTELLIGENCE ON IRAN. - This section requires a new National Intelligence Estimate on Iran, plus a "Presidential Report on Policy Objectives and United States Strategy Regarding Iran"
  • Sec. 1402. Quarterly reports on Department of Defense response to threat posed by improvised explosive devices.
To all of these questions of interest to the Republic's representatives, the President asserts authority to withhold information. If the President believed that Congress' requests were unconstitutional, he had a duty to either veto the legislation or file immediate suit in federal court to nullify the offending provisions. Continue reading

Continue Reading →

Latest Posts

Latest Comments

Blogroll

Archives

Meta

Archives

Powered by WordPress / Academica WordPress Theme by WPZOOM