Josh Marshall and others have reported on something that someone tried to slip into an appropriations bill while no one was looking:
"At the last minute, Republican leaders tried to slip in a provision that would give certain committee chairman and their staffers unlimited access to any American's tax return, with none of the standard privacy protections applying.
You heard that right.
They could pull anyone's tax return, read it over and do whatever they wanted with the information. Those who would have this power would be the chairs and ranking members of the senate and house appropriations committees and subcommittees and "their designees."
The key is that the privacy rights provisions, and criminal and civil penalties that go with them, don't apply for the appropriations committees.
At the last minute, Senate Democrats caught the language (keep in mind these omnibus bills can be like phone books), protested and the Republicans beat a hasty retreat."
This particular provision seems to have been blocked. But the general problem remains: this bill was completed on Friday night, the House voted on it on Saturday, and the Senate would have voted on it either yesterday or today had a Senate staffer not caught this particular provision. In other words, Congressional representatives had between nine and thirty-six hours to read a bill that is over 1,000 pages long and contains nine appropriations bills rolled into one emergency spending measure. As CNN put it, "The bill and explanatory report ... were about 14 inches tall, leaving many lawmakers baffled about its precise contents." I'll say: I read very fast, but the idea of slogging through fourteen inches of anything, let alone appropriations bills, in a day or so is absolutely unimaginable to me.
This is not a new problem: many bills are substantially rewritten either in the Rules Committee or on conference, and then reported out to the Congress with very little time before a vote. "Under the House rules, 48 hours are supposed to elapse before floor action. But in 2003, the leadership, 57 percent of the time, wrote rules declaring bills to be "emergency" measures, allowing then to be considered with as little as 30 minutes notice. On several measures, members literally did not know what they were voting for." (cite.) This, of course, undermines our democracy: our elected leaders need to have an opportunity to read bills before they vote them into law.
I have, therefore, a proposal. We need to urge our elected representatives to propose and/or support changes to the rules governing the House and Senate that would require a reasonable period of time to elapse between a bill being made available to the House or Senate as a whole and its being voted on. A minimum of three days or one day per one hundred pages of legislation (including the bill and any supporting documents), whichever is greater, seems reasonable to me, but someone else might have a better idea. Moreover, this rule needs to be made harder to set aside: as noted above, there is already a requirement to allow two days to elapse before voting on a bill, but it does not apply to "emergency" bills, and these days the majority of bills are declared by the House leadership to be "emergency" bills. So I propose that this rule could be waived only if the Speaker of the House or the President of the Senate publicly declares before the House or Senate that some state of affairs constitutes an emergency and explains why this emergency justifies waiving the rule for a given bill. (Declaring it before the House or Senate would ensure that it was televised by CSPAN, which might be a deterrent to abuse.)
Does anyone else think that this is a good idea? If so, how do you think we might go about getting it proposed?
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