Friday, January 30, 2004

House Dems Dust off "7-Member" Rule for Info Requests   In Congress, information can be power. For decades, Michigan Democrat John Dingell's Oversight and Investigations Subcommittee of House Commerce was the scourge of GOP administrations. It played a key role, for example, in the downfall of former EPA Administrator Anne Gorsuch Burford.  Without the power of the majority to set agendas and issue subpoenas, however, such investigations have been crippled in recent Congresses. Now House Dems (including Dingell) have dusted off an obscure 1927 law requiring the executive branch to furnish to Congress any information requested by 7 members of a Congressional committee.   Dingell and Henry Waxman (D-CA), whose requests led to the current Supreme Court case over secrecy on the Cheney Energy Task Force, are currently inquiring about alleged Energy Department lobbying on the pending Energy Bill and alleged political interference with science at the Dept. of Health and Human Services.   -- "House Democrats Invoke Seven Member Rule," Secrecy News (Federation of American Scientists), Jan. 28, 2004, by Steven Aftergood, (includes links to source documents) 10:41:54 AM

Californians to Vote on Open-Government Amendment in November   Among the momentous choices facing California voters in November 2004 will be a constitutional amendment mandating more openness in state government.   Newspaper publishers and the California First Amendment Coalition are gearing up for a major campaign to convince voters to pass the ballot measure (SCA 1). It which would increase press and public access to public records and public meetings -- and reverse a number of court decisions in recent years restricting access.   The legislature approved the measure for the November ballot Jan. 12, 2004, when the State Assembly passed it 76-0. The Senate had adopted it in August 2003 without a single "no" vote. A two-thirds majority was necessary for the constitutional amendment to pass each chamber, but only a simple majority of voters is needed for it to be approved on the ballot. If approved, it will take effect Jan. 1, 2005. Full Story. 7:25:46 AM

Paper Tests Pennsylvania's Open Records Law   If you want to know who has been fined for polluting Pennsylvania's streams, you may have to work very hard to find out. That's the case even though Pennsylvania overhauled its Freedom of Information law in 2002 to broaden public access. The Pittsburgh Tribune-Review recently did an "audit" by requesting various state records that are supposed to be open to the public. Among their findings:   "On Dec. 5, the Trib asked the Department of Environmental Protection for access to all citations and fines issued for violations of the Clean Streams Act in Western Pennsylvania. The newspaper received no reply. When a reporter called the agency on Jan. 7, DEP spokeswoman Betsy Mallison apologized for the delay. She cited the holidays and promised to "get on it." DEP provided the records on Jan. 14, the same day officials defended the [GOP Gov.] Rendell administration's record on the law."   The new law gives agencies 10 days to respond.   -- "Pennsylvania's 'Right to Know' Law Often Rings Hollow," Pittsburgh Tribune-Review, Jan. 19, 2004, by Brad Bumsted and Debra Erdley 6:59:08 AM

Should Public Know If Tomato Has Pig Genes?   Government regulation dictates that consumers in the United States are not allowed to know whether their food contains genetically modified  (GM) ingredients. The FDA's rationale is that science is unable to detect any consumer-related difference between corn syrup from GM and non-GM plants. But the same issue has become less one of science than one of religious and press freedom in parts of the Middle East -- for Jew and Muslim alike. Israel is in the middle of deciding whether producers, marketers, and exporters of food products containing genetically engineered ingredients should be required to label them as such. Environmentalists there charge that Israel's Ministry of Trade and Industry has taken an official position against package labeling with an eye towards U.S. policies and markets. Activists there argue that consumers have a right to know -- if only for reasons of religious dietary restrictions. Israel is also debating whether government should publish lists of foods with GM ingredients -- so that the press could inform people even if package labeling did not.   -- "Who Will Tell Us the Tomato Has Pig Genes?" Haaretz Daily, Jan. 22, 2004, by Orna Coussin    -- "Biotech Genie Unbottled," Environment Writer, Feb. 2001, by Joseph. A. Davis   6:19:08 AM

Kentucky Bill Would Increase Secrecy of State Records   A compromise struck in the Kentucky legislature on Jan. 20, 2004, headed off a measure that would have allowed much broader secrecy of government records and meetings. The stated intent of both measures was to prevent disclosure of various vulnerabilities that could be exploited by terrorists. A House committee approved the compromise (HB188) drawn up by Kentucky's homeland security director and the Kentucky Press Association. A more sweeping secrecy measure, SB 49, failed to emerge from committee on the Senate side because some members thought it went too far. -- "Bill To Keep Some Records Secret Advances; Compromise Narrows Focus of House Measure," Louisville Courier-Journal, Jan. 21, 2004, by Al Cross. 5:26:40 AM