Congressional Staff Salaries Site
LegiStorm -- a new, free website -- has put the congressional pay data from the Clerk of the House and Secretary of the Senate reports online in an easy to use format. Check it out at http://www.legistorm.com . The new site has been blogged by POGO and many other bloggers are taking delight in new access to the data. Continue reading
Talk on Socks? No Way! / New Library Page
A recent Presidential signing statement appears to refuse Congress reports on sock tarrifs related to CAFTA. This statement is the latest in a series of Presidential signing statements that purport to deny reports and other accountability information ordered by Congress. So we've decided to start collecting signing statements that appear to have a direct effect on information availability and have devoted a new library page to them. While confident we can handle information suppressing signing statements from here on out, we at FGI were hoping that our readers could send us examples of past signing statements that a plain reading would indicated that a directed report would not be issued by the executive branch. This is no mere academic exercise. Precedents are being set. If the practice of waving away reporting requirements with a stroke of the pen stands, we may have very little government information to work with down the road. With enough sunlight, perhaps this shadow will pass. Continue reading
20060817 – Signs Pension Act, refuses to report on socks
On August 17th, 2006 President Bush signed the Pension Protection Act of 2006, but added the signing statement below:
[Weekly Compilation of Presidential Documents] From the 2006 Presidential Documents Online via GPO Access [frwais.access.gpo.gov] [DOCID:pd21au06_txt-11] [Page 1470-1471] Pages 1455 1477 Week Ending Friday, August 18, 2006 Statement on Signing the Pension Protection Act of 2006 August 17, 2006 Today I have signed into law H.R. 4, the ``Pension Protection Act of 2006.'' This legislation strengthens the pension insurance system and ensures that workers will receive better information about their pension plans. The legislation makes permanent the deductible limits for contributions to Individual Retirement Accounts and 401(k) plans, encourages employers to automatically enroll workers in 401(k) plans, and expands workers' access to investment advice. The executive branch shall construe sections 221(a) and 1632(b)(1) of the Act, which call for the submission of legislative recommendations to the Congress, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and to recommend for the consideration of the Congress such measures as the President shall judge necessary and expedient. Section 1634(e) purports to require the United States Trade Representative to submit to congressional committees the contents of the negotiating positions of the United States and foreign countries in certain international trade negotiations. The executive branch shall construe section 1634(e) in a [[Page 1471]] manner consistent with the President's constitutional authority to conduct the Nation's foreign affairs including negotiations with foreign countries, supervise the unitary executive branch, and to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. George W. Bush The White House, August 17, 2006. Note: H.R. 4, approved August 17, was assigned Public Law No. 109-280.According to Congress' Thomas service, the offending section 1634(e) reads this way:
(e) Reporting Requirements on Certain Negotiations and Amendments to DR-CAFTA Agreement- (1) IN GENERAL- Not later than 30 days after the date of the enactment of this Act, and at least quarterly thereafter, the United States Trade Representative shall submit to the appropriate congressional committees a report on the status of negotiations and amendments proposed by the United States, Nicaragua, El Salvador, Honduras, Guatemala, Costa Rica, and the Dominican Republic to the Agreement regarding any change to the rule of origin or alteration of the tariff treatment of socks described in paragraph (2) or any technical correction described in paragraph (3). In addition, the United States Trade Representative shall provide to the appropriate congressional committees copies of any amendments to be proposed by the United States before the amendments are offered and copies of any amendments received by the United States relating to such negotiations. (2) SOCKS DESCRIBED- For purposes of paragraph (1), the term `socks' means articles classifiable under subheading 6111.20.6050, 6111.30.5050, 6111.90.5050, 6115.91.00, 6115.92.60, 6115.92.90, 6115.93.60, 6115.93.90, 6115.99.14, or 6115.99.18 of the Harmonized Tariff Schedule of the United States. (3) TECHNICAL CORRECTIONS DESCRIBED- Technical corrections referred to in paragraph (1) are the following: (A) Clarification of references to `elastomeric yarns' contained in the notes, subheading notes, additional U.S. notes, and statistical notes to chapters 50 to 63 (section XI) of the Harmonized Tariff Schedule of the United States. (B) Clarification of the ability to apply short supply provisions to sewing thread, narrow elastics, and visible linings. (C) Treatment of women's and girls' woven sleep bottoms under Annex 4.1 of the Agreement. (D) Addition of a rule of origin for women's and girls' woven sleep bottoms to reflect the rule of origin provided for in subheading 6207.11.00 of the Harmonized Tariff Schedule of the United States and contained in Annex 4.1 of the Agreement. (E) Provision of women's and girls' sleep bottoms under Annex 4.1-A of the Agreement. (4) DEFINITION- In this subsection, the term `appropriate congressional committees' means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (5) SUNSET- The requirements of paragraph (1) expire on the date on which any change is made to the rule of origin pursuant to article 3.25 of the Agreement for any good described in paragraph (2), or December 31, 2007, whichever occurs later.I realize I'm not a lawyer, but it seems like all Congress wants here is to be consulted before the Adminstration changes the rules on socks. This is "information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties?" Who knew that socks were so vital to the existance of the Republic? Maybe we should all wear Birkenstocks! Continue reading
Presidential Signing Statements Affecting Government Information
As most informed people are aware, President Bush has been very active in producing Presidential signing statements that appear to indicate portions of laws signed that the Executive branch will either not carry out at all, or will carry out according to the President's interpretation. We at Free Government Information have noticed recent Presidential signing statements that appear to waive a number of reporting requirements, either to Congress or to the American people. We do not approve of this. In the spirit of sunshine being the best disinfectant, we have decided to collect signing statements where the President appears to state that he will not honor an Act of Congress to provide information. Since the President has used this hidden and untested veto power hundreds of times according to some accounts, we at FGI are hoping that you will send us instances of earlier siging statements that ignore reporting requirements. Here is a searchable database that includes signing statements to get you started. Here's what we have so far: Continue reading
Part 16: Nonlawyer’s journey through Title 44: Blank Forms
This post, all earlier postings in this series, and my “not a lawyer†disclaimer can be found at http://freegovinfo.info/title44 or through our library under Nonlawyer's Journey through Title 44. 44 USC 1709:
TITLE 44--PUBLIC PRINTING AND DOCUMENTS CHAPTER 17--DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS Sec. 1709. Blank forms: printing and sale to public The Public Printer may print for sale by the Superintendent of Documents to the public, upon prepayment, additional copies of approved Government blank forms. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1280.) Historical and Revision Notes Based on 44 U.S. Code, 1964 ed., Sec. 94 (June 7, 1924, ch. 303, Sec. 1, 43 Stat. 592).I really don't have too much to say about this section of Title 44 other than to marvel that it took an Act of Congress to empower the Government Printing Office to sell blank government forms. You could say that this section of law symbolizes the difficulty of reforming anything about government publishing and distribution – so many seemingly minor things are written into statute that even minor reforms take Congressional action. On the other hand, it has been good insurance against the Federal Depository Library Program being wiped out entirely in favor of selling all government information. Another reason that I just had to highlight this section is the fact that the government is empowered to sell blank forms makes it understandable that some agencies should have an Index of blank forms! Continue reading