My name is Mike Radway and I am the Legislative Director for Congressman
Paul E. Kanjorski (D-PA). Your assistance is urgently needed to help
preserve free public access to the U.S. Code and other important public
documents.
The West Publishing Company, a Minnesota-based publisher of expensive
legal books is attempting to maintain and expand its virtual monopoly on the
U.S. Code and other important legal works.
West has been working behind closed doors to persuade the U.S. Congress
to prevent the government from disseminating important information compiled
AT TAXPAYER EXPENSE by companies operating under contract with the U.S.
Government.
This would seriously impair the ability of resarchers and private
citizens to obtain access to even the most basic, but critically important,
public records. It would substantially impair the utility of the Freedom of
Information Act (FOIA), and would cripple the ability of internet users to
obtain access to many government databases.
West Publishing's monopoly maneuver was included in Section 2 of H.R.
830, the innocuously sounding "Paperwork Reduction Act of 1995" introduced by
Congressman William Clinger (R-PA), the new Chairman of the House Committee
on Government Reform and Oversight.
While the vast majority of H.R. 830 is noncontroversial, section 2 of
the bill proposed adding a new section 3518(f) to the U.S. Code eliminating
the right of the public to obtain government computer records when private
contractors provide "value added" services to the government. As described
in the attached letter from the Taxpayer Assets Project to Chairman Clinger,
the phrase "value added" is so broad that it would make it virtually
impossible for the public to obtain access to most government computer
records.
The House Committee on Government Reform and Oversight marked-up H.R.
830 on Friday, February 10, 1995, and forwarded it to the full House of
Representatives for further consideration.
During the mark-up session on Friday, February 10, 1995, freshman
Congressman Tom Davis (R-VA), with the support of Committee Chairman and bill
sponsor Bill Clinger (R-PA) offered an amendment to strengthen the West
Publishing provision to make it even more difficult for private citizens to
obtain access to government computer records. The Davis-Clinger amendment
would have prohibited the government from "competing" with any private sector
provider of information services, even if the information in question was
owned by the U.S. government and compiled at taxpayer expense.
Fortunately, Congressman Paul Kanjorski (D-PA) spoke out loudly and
forcefully against this effort to restrict public access to government
information. He offered a substitute amendment to eliminate both the
Davis-Clinger amendment and the proposed section 3518(f), and therefore to
leave the law as it currently stands, thus allowing unrestricted access to
government computer records.
The sponsors of the West Publishing provision were caught by surprise.
They thought that with the support of the Committee Chairman (Congressman
Clinger) and the Subcommittee Chairman (Congressman David McIntosh, R-IN),
that no one would oppose them. Instead, their special interest monopoly
maneuver was exposed and the Committee, by voice vote, adopted the Kanjorski
amendment.
While we have won this battle, the war is far from over. West
Publishing has hired several major lobbyists, including former Congressmen
from both parties, to lobby the Congress. Chairman Clinger has announced his
intention to hold hearings on the West Publishing provision this Thursday,
Februrary 16. It is Chairman Clinger's hope to reoffer the West Publishing
monopoly language as an amendment to H.R. 830 when H.R. 830 is considered by
the full House of Representatives.
We need to marshal maximum public opposition to the "West Publishing
monopoly amendment" AS QUICKLY AS POSSIBLE.
Individuals should call, fax, e-mail, or snail-mail messages to their
Congressman/woman and Senators (addresses usually available in your local
phone book, or through the Library of Congress' "Thomas" service
(gopher.house.gov)).
Messages should urge Represenatives and Senators to:
"Preserve free public access to government computer records by opposing the
West Publishing Company's effort to include in H.R. 830 language which would
give West a virtual monopoly on public information compiled at taxpayer
expense."
Individuals with the time and ability to do so should also contact:
House Speaker Newt Gingrich, (202)-225-0600,
Room H-232, The Capitol
Washington, DC 20515
(or at his personal office, 202-225-4501,
Room 2428 Rayburn House Office Building
Washington, DC 20515)
Chairman William Clinger, (202)-225-5074
House Committee on Government Reform and Oversight
2157 Rayburn House Office Building
Washington, DC 20515
(or at his personal office, 202-225-5121,
Room 2160 Rayburn House Office Building
Washington, DC 20515)
Congressman Tom Davis, (202)-225-1492
415 Cannon House Office Building
Washington, DC 20515
Congressman David McIntosh, (202)-225-3021
1208 Longworth House Office Building
Washington, DC 20515
Letters/e-mail of SUPPORT/THANKS for resisting the West Publishing monopoly
maneuver should be sent to:
Congressman Paul E. Kanjorski, (202)-225-3021
2429 Rayburn House Office Building
Washington, DC 20515
send e-mail to:
JSabo@hr.house.gov
fax to (202)-225-0764
Representative Kanjorski is also looking for examples from researchers
and private citizens of how they have used government computer records in
their resarch, and for the names and phone numbers of individuals who might
be willing to testify at House hearings on the West Publishing monopoly
proposal. Individuals with useful information, or who would be willing to
testify, should contact Josh Sabo, Legislative Assistant to Representative
Kanjorski, at (202)-225-6511, fax 202-225-0764, or e-mail:
JSabo@hr.house.gov
Contacting Representatives and Senators directly is important becuase
the proposed hearing will be stacked with supporters of West Publishing's
monopoly provision.
When contacting Representatives and Senators, the main points to be made
are:
1. The West Publishing language is a special interest provision which
perpetuates and expands an expensive monopoly. It is an example of "politics
as usual" not the "politics of change."
2. The West Publishing monopoly provision runs completely contrary to
Speaker Gingrich's and the Republican "Contract With America's" pledge to
make the government more open, accessible, and accountable to the public.
How can the Congress, with a straight face, make it more easy to access
bills, resolutions, reports and the Congressional Record, while it is
simultaneously making it more difficult and expensive to obtain the U.S. Code
and other important government documents?
3. It is good public policy to disseminate public information as freely
and inexpensively as possible. The internet can do this, West Publishing
does not.
4. The "protect the private sector from unfair government competition"
argument is bogus. West Publishing is not a small "Mom & Pop" operation, it
is a major corporation which has hired expensive Washington lobbyists. West
has made millions of dollars over the years by selling information it
received from the government. The government, and the public, have just as
much of a right to that information as West. If the West Publishing policy
were carried to its logical extreme, the Library of Congress would never have
developed its card catalog system for books.
5. Several weeks ago a freshman Republican Member of Congress received
a lot of publicity for denouncing the fact that Members of Congress each
receive a $2,500 set of U.S. Code books (usually from West Publishing), and
urging that this practice be halted. These books wouldn't be so expensive if
there were more competition, and free public access, which is what West
Publishing is trying to prevent.
6. The Justice Department strongly opposes the West Publishing
amendment because it believes it would gut the Freedom of Information Act.
Make your voice heard. Contact your Representative and Senators today!
Mike Radway
Legislative Director
Rep. Paul E. Kanjorski
Radway@aol.com
MRadway@hr.house.gov
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