In this issue:
What's Happening: Updates and Recent Activity in Washington.
What's Next: Things to Keep an Eye on.
WHAT'S HAPPENING
Executive Order 13233 and Its Affect On Accessing Presidential Papers
On November 1 President Bush issued Executive Order 13233-Further Implementation of the Presidential Records Act. The Presidential Records Act of 1978 (PRA) was part of the post Watergate desire for less government secrecy. Specifically, the law states that documents concerning official presidential duties belong to the public. For that reason, twelve years after a president leaves office all documents from that administration are turned over to the Archivist of the United States. In turn, those documents not protected by executive privilege are released to the public. The first papers covered under the law, those of former President Reagan, were scheduled for release in January 2001. The release was delayed in order to establish a method for resolving claims of executive privilege made by either Mr. Reagan or his vice president (former President Bush).
The Bush order adds several new restrictions on access to presidential papers. All communications between a president and his attorney are now protected. Communications between a president and White House advisors are also now protected. The new regulations extend executive privilege even further by allowing a former president's representative to block the release of documents even after the president's death. It also allows a current president to block the release of documents from past administrations. Both of these provisions make it possible to indefinitely prevent the release of documents normally available to the public.
Experts believe that these rules infringe on the American people's ability to access information. This in turn inhibits the ability of future generations to make decisions by denying them access to vital records. Mr. Bush's order disrupts the balance that Congress stuck between the American peoples' right to know and the need to protect national security.
The Government Efficiency, Financial Management and Intergovernmental Relations Subcommittee of the House Government Reform Committee held hearings on the issue. Indications from the subcommittee are that the body will revisit the issue next session, which starts in January. SLA has drafted a letter to subcommittee Chairman Rep. Stephen Horn. In addition, Public Citizen filed suit against the Bush administration in federal court in Washington, DC. Several groups and individuals representing historians and the press joined Public Citizen as plaintiffs.
Click here to see SLA's letter to Rep. Horn
Click here to see the text of Executive Order 13233
Tauzin-Dingell
House members supporting the bill have sent a letter to the speaker requesting a floor vote on the legislation before the current session ends. The White House is also being pressured to get Congress to vote on the bill. Strong opposition, namely Senate Commerce, Science, and Transportation Committee Chairman Ernest F. Hollings (SC), could make this goal difficult to achieve.
This legislation, introduced by House Energy and Commerce Committee Chairman W.J. "Billy" Tauzin (LA) and ranking member John Dingell(MI), paves the way for high-speed Internet deregulation. Opponents feel that it will recreate a Bell monopoly. Supporters say passage is necessary in order to move forward with IT development.
WHAT'S NEXT
Cable Internet
According to Washington Internet Daily, The Federal Communications Commission (FCC) is exploring the possibility easing regulation on cable Internet. This is being done in an effort to achieve regulatory parity between companies that provide cable Internet and other Internet service providers. Reports also indicate that Notice of Proposed Rulemaking could potentially be used to help resolve the issue.
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