[10315] in Public-Access_Computer_Systems_Forum
FINS
daemon@ATHENA.MIT.EDU (Public-Access Computer Systems For)
Mon Jun 24 20:18:17 1996
Date: Mon, 24 Jun 1996 13:26:50 -0500 (CDT)
From: Public-Access Computer Systems Forum <LIBPACS@UHUPVM1.UH.EDU>
To: Multiple recipients of list PACS-L <PACS-L@UHUPVM1.UH.EDU>
Reply-To: Public-Access Computer Systems Forum <PACS-L@UHUPVM1.UH.EDU>
From: Vigdor Schreibman - FINS <fins@access.digex.net>
Subject: New Heros for American Democracy
-------Republication is Authorized Only When Message is Kept Intact-------
FINS: Communicating the Emerging Philosophy of The Information Age
FEDERAL INFORMATION NEWS SYNDICATE
Vol IV, Issue No. 13 (165 lines) June 24, 1996
CLOSING THE "VALUES-GAP":
New Heros for American Democracy
By Vigdor Schreibman
They started this inquiry in Room 301 of the stately Senate Russell
Office Building, June 18, with readings of Thomas Jefferson's view of the
importance of an "informed citizenry" in a democracy, and his prophetic
observation that "law and institutions must go hand in hand with the progress
of the human mind." Chairman and ranking members of the Senate Committee on
Rules and Administration, John W. Warner (R-VA), and Wendell H. Ford (D-KY),
each in turn, read from especially prized old scraps of paper drawn out of
their wallets, on which Jefferson's words were inscribed. It was an offering
of personal homage to the democratic ideals, which alone have given this
Nation its remaining hopeful connection to an enlightened vision of America.
Political prose readings are rarely consistent with legislative actions,
in our time, as I have often noted. It is an unassailable truth, however,
that the door is always open to one of those rare dramas in which new heros
to sustain and enhance American democracy rise up when they are most needed.
Chairman Warner and Sen. Ford, carried out a review of the draft GPO,
"Study for a Successful Transition to a More Electronic Federal Depository
Library Program (FDLP)." They jointly informed Michael F. DiMario, Public
Printer, May 24, of preparations for a set of hearings on "Public Access to
Government Information in the 21st Century" [Fins-PI2-09]. Probing questions
about the GPO Study were also raised. They wanted to know, for example,
"whether an effective but rapid transition saves or transfers costs, whether
it provides greater public access without increasing costs significantly, or
whether cost increases are inherent, at least in the short-term."
Chairman Warner and Sen. Ford also jointly communicated, June 4, the
decision to assert the authorizing committee's jurisdiction over matters
pertaining to Title 44, encompassing the draft GPO Study, and proposed
hearings, to Mark O. Hatfield, Chairman of the Senate Committee on
Appropriations, and Robert C. Byrd, Ranking Member [Fins-PI2-09].
The hearings thus began June 18 and 19, with more to come, initiated a
comprehensive inquiry into, "Public Access to Government Information in the
21st Century." There are two critical presumptions upon which transition to
a "More Electronic Federal Depository Library Program," must be developed:
A) Purposeful direction; and B) Congressional administration.
A. Purposeful direction
~~~~~~~~~~~~~~~~~~~~~~~
Congressional program authorization for public information matters, must
have precedence over the process of appropriations and cost containment so as
to coherently and purposefully govern their direction. Nevertheless, the
Congressional debate during recent years, instigated by Speaker Gingrich, to
cut funds for the Government Printing Office, radically transform the Federal
Depository Library Program into an all-electronic format, and revise the
statutes for those programs under Title 44, United States Code, have revolved
around the process of appropriations and cost containment. This process is
dysfunctional. Moreover, Congressional rules require authorization of any
program changes, *prior* to consideration of appropriations. In a matter
fundamentally affecting the public information systems of the Nation, soundly
orienting the legislative process is essential.
A Jeffersonian vision of "Public Access to Government Information in the
21st Century," must contain more than a test-bed for information technology
governed by economic competitiveness. A public information system true to
Jeffersonian ideals of participatory democracy and an informed citizenry
should seek to enhance enlightened collaboration between social and
environmental institutions, linked to all levels of Government.
Part of this orientation must also address the public information
resource base. It is an ill-structured system that has constrained Depository
Library Program resources to a merely superficial part of legislative branch
allocations, when the purpose at hand is to inform the Nation, which is the
lifeblood of democracy. By way of comparison, some $27 billion dollars were
allocated to information technology, to empower government and industry in
1995, almost 1000-fold more than the Federal resources allocated to informing
the Nation. Indeed, the continuing gross misallocation of public funds in
this field of national interest is underscored by the fact that $200 billion
dollars allocated to IT during the past decade alone has been "thrown away,"
according to Senate findings last August [See also Fins-SR2.16].
An equitable share of the tens of billions poured into IT annually
should be reallocated to foster the goal of democratic enlightenment, which
is the real promise of, "Public Access to Government Information in the 21st
Century." This goal can be funded at once by opening an account in the US
Treasury controlled by the Public Printer, from which payments for all of the
Federal Government's public information systems would be disbursed.
B. Congressional administration
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Congress must also take action to assure the effective continuation of
its transcendent information role, to obtain and publish information about
the conduct of the United States Government. This includes: 1) publishing a
journal of its own proceedings; 2) marshalling information from other
Departments of Government necessary and proper to enable Congress to frame
legislation and execute its legislative powers; and 3) dissemination of
Government publications for the free use of the general public, which is
considered by many the lifeblood of democracy. That Congressional
information role is well founded upon U.S. CONST. art. 1, sec. 1, and sec. 8,
cl. 18; and chapters, 11, 17, and 19, Title 44, United States Code.
Senator Warner, as Vice Chairman of the Joint Committee on Printing,
conveyed the need for maintenance of Congressional control over information
in his letter to Rep. Ron Packard (R-CA), Chairman, Subcommittee on
Legislative Branch Appropriation, March 6, 1996. The current breakdown in
meeting this need, manifest by pervasive agency non-compliance with Title 44,
has given rise to a state of "chaos in government publishing," in which there
are "no rules," according to Wayne P. Kelley, Superintendent of Documents
(SOD), the lead witness at the June 18 hearing.
The issue of Congressional control over the administration of public
information is of critical importance. The traditional information role of
Congress has been increasingly defied during the past decade, or more, by the
White House, and various Executive Branch agencies such as the National
Technical Information Service, the Department of Labor, the Defense Printing
Service, and others. Indeed, these defiant acts have been supported by
opinion letters issued by the Department of Justice claiming, for example,
that 44 USC sec. 501, which requires all executive branch printing and
duplicating to be procured by or through GPO, "violate constitutional
principles" (Opinion of Walter Dellinger, Assistant Attorney General, Office
of Legal Counsel (May 31, 1996), quoted in [Fins-PI2-10]. A series of News
Columns and Special Reports issued by FINS during 1994, addressed these
important issues at length [Fins-SR2-30,31,39; Fins-NC2-16,17].
Never in the history of the United States has any Court ever issued a
finding that the administrative actions supporting the information role of
Congress constitute violations of either the separations of powers doctrine
or otherwise improper legislative acts. On the contrary, actions to carry
out the information role of Congress have uniformly been regarded by all the
Departments of the Government as matters peculiarly within the province of
Congress alone: "They have never embraced legislative provisions proper, and
hence have never been deemed to require Executive approval," according to an
authoritative Senate report [S.Rept. 54-1335, at 6-9] [Fins-PI-12], which has
been repeatedly cited with approval by the Supreme Court.
The lack of any judicial authority for agency conduct, is exacerbated by
the fact that the May 31 opinion of Walter Dellinger, is directly contrary to
his own memorandum on the subject issued Sept 13, 1993, as noted in a letter
sent to Dellinger by Anthony J. Zagami, General Counsel of the GPO, June 11,
1996 [Fins-PI2-10]. The conduct of public officials who arbitrarily hold
themselves above the supreme law of the land (whether at the White House or
in Congress [Fins-IPG-16,19]), must be squarely confronted and quashed.
A hearing dedicated to compliance issues was agreed to by Chairman
Warner and Sen. Ford, at the June 18 hearing. Clarifying and implementing
the laudable goal of assuring "Public Access to Government Information in the
21st Century," must await the outcome of the existing constitutional crisis.
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