Tag: legislation

Well, At Least He Should Know What Doesn’t Work

In today’s Washington Post, Chris Cillizza predicts that Mitt Romney “will move to seize the high ground (from a policy perspective) on health care over the coming months and is likely to be Obama’s leading critic when Congress takes up the legislation in the fall.” For anyone who thinks this is good news, I refer you to my post from last week regarding the many failures of Governor Romney’s last foray into health care reform.

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The REAL ID Revival Bill Should Not Get a PASS

A draft Senate bill to revive the REAL ID Act has been leaked to to the anti-immigrant Center for Immigration Studies, and they find it wanting.

The bill is an attempt to smooth down REAL ID and make the national ID law more palatable. CIS is unhappy because they want a national ID implemented right away.

REAL ID is, of course, failing. Just ten months ago, the Bush Administration’s Secretary of Homeland Security granted waivers to every state in the country - not a single one of them was in compliance by the May, 2008 deadline, and several have statutorily barred themselves from complying.

Legislation to repeal REAL ID in both the House and Senate was introduced in the last Congress, but with an administration and Department of Homeland Security eager to demagogue the issue against a Democratic Congress, that legislation did not move. Repealing REAL ID would not have the same problem in the current Congress.

But since then, Washington’s wheels have been turning. The National Governors Association has turned into an advocate of reviving REAL ID because it hopes that federal dollars will flow behind federal mandates. They won’t, but reviving REAL ID will cement NGA’s role as a beggar for federal dollars in Washington. (Maybe other state legislator groups, as well.)

Everbody in Washington, D.C. salivates over the chance to make “deals” even if that means switching positions on issues of principle like whether the U.S. should have a national ID. We’ll be watching to see which political leaders reverse themselves and support this attempt at a national ID for their love of political dealmaking.

The working name of the REAL ID revival bill is the “PASS ID Act.” It should not be given a pass by opponents of a U.S. national ID and the REAL ID Act.

A Flagging Obama Transparency Effort

President Obama made some very firm commitments about transparency as a campaigner. Among other things, he promised to post bills online for five days before he signs them. This promise has been fulfilled just once - and in that case, only arguably.

The Obama campaign Web site promised “Sunlight Before Signing:

Too often bills are rushed through Congress and to the president before the public has the opportunity to review them. As president, Obama will not sign any non-emergency bill without giving the American public an opportunity to review and comment on the White House website for five days.”

To a roar of approval, President Obama pledged on the campaign trail: “[W]hen there is a bill that ends up on my desk as a president, you the public will have five days to look online and find out what’s in it before I sign it, so that you know what your government’s doing.”

Here’s a look at the White House’s uneven efforts to fulfill that promise:

Of the eleven bills President Obama has signed, only six have been posted on Whitehouse.gov. None have been posted for a full five days after presentment from Congress.

One bill, the DTV Delay Act, was posted after it was cleared for presentment by Congress February 4th, with the President signing it February 11th. This arguably satisfies the five-day promise, though presentment - a constitutional step in the legislative process - would be a better time to start the five-day clock. (Congress presented it February 9th.)

Several times the White House has posted a bill while it remains in Congress, attempting to satisfy the five-day rule. But this doesn’t give the public an opportunity to review the final legislation - especially any last minute amendments. Versions of the children’s health insurance legislation, the omnibus spending bill, and the omnibus public land management bill were linked to from Whitehouse.gov while making their ways through Congress, but not posted in final form.

(The page linking to the omnibus spending bill was not highlighted in the White House blog or anywhere else on Whitehouse.gov I could find. The only evidence I found of when it was posted comes from Web commentary.)

Is five days too much to ask? The President did allow for an emergency exception, and it would not be appropriate to hold off signing a bill if life and health were immediately threatened.

The President signed a couple of bills with deadlines pressing. These were the continuing resolution, the omnibus spending bill, and the extensions of immigration and small business programs. Congress produced the crush, though, with its timing in passing the bills; the deadlines were not a product of extrinsic forces or emergencies. (A firmly enforced five-day rule would cause Congress to pass bills five days earlier when programs were expiring - after much tribulation about who is responsible when a program lapses for failure to timely reauthorize it, of course.)

Despite the economic conditions, the Recovery Act was not treated as emergency legislation by Congress or the President. Congress waited three days after its Friday passage to present it to the President, and he enjoyed a weekend visit to Chicago before signing the bill four days after it passed (one day after presentment) in Denver.

The President has signed most bills within a day or two of their presentment from Congress, violating his campaign promise. He has signed two bills more than five days after presentment, but - ironically, because it preserves the broken promise - not posted them on Whitehouse.gov.

 

Public Law Date Presented Date Signed Posted (Linked) for Comment? Five Days?
P.L. 111-2, The Lilly Ledbetter Fair Pay Act of 2009 1/28/2009 1/29/2009 1/29/2009 No
P.L. 111-3, The Children’s Health Insurance Program Reauthorization Act of 2009 2/4/2009 2/4/2009 2/1/2009 No
P.L. 111-4, The DTV Delay Act 2/9/2009 2/11/2009 2/5/2009 Yes and No
P.L. 111-5, The American Recovery and Reinvestment Act of 2009 2/16/2009 2/17/2009 2/13/2009 No
P.L. 111-6, Making further continuing appropriations for fiscal year 2009, and for other purposes 3/6/2009 3/6/2009 No n/a
P.L. 111-7, A bill to designate the facility of the United States Postal Service located at 2105 East Cook Street in Springfield, Illinois, as the “Colonel John H. Wilson, Jr. Post Office Building” 2/26/09 3/9/2009 No n/a
P.L. 111-8, The Omnibus Appropriations Act, 2009 3/11/2009 3/11/2009 3/6/2009 No
P.L. 111-9, To extend certain immigration programs 3/18/2009 3/20/2009 No n/a
P.L. 111-10, To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes 3/19/2009 3/20/2009 No n/a
P.L. 111-11, The Omnibus Public Land Management Act of 2009 3/30/2009 3/30/2009 3/30/2009 No
P.L. 111-12, The Federal Aviation Administration Extension Act of 2009 3/24/2009 3/30/2009 No n/a

Let’s Be Fiscally Responsible, Starting Tomorrow

In his famous book, Confessions, the 5th-century theologian Augustine wrote that he used to pray before his conversion, “Lord, make me chaste, but not just yet.”

That quote came to mind as I read the news a moment ago that President Obama plans to sign the $410 billion catch-all appropriations bill even though it contains 8,500 “earmarks” that will cost taxpayers nearly $8 billion.

Recall that as a candidate, Obama said he and Democratic leaders in Congress would change the “business as usual” practice of stuffing spending bills with pet projects. Those earmarks, submitted by individual members to fund obscure projects in their own districts and states, typically become law without any debate or transparency.

Saying he would sign the “imperfect bill,” President Obama offered guidelines to curb earmarks … in the future. “The future demands that we operate in a different way than we have in the past,” he said. “So let there be no doubt: this piece of legislation must mark an end to the old way of doing business and the beginning of a new era of responsibility and accountability.”

Lord, make us fiscally responsible, but not just yet.

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