Privacy Digest

Administration to Bypass Reporting Law - Via NYTimes.com :

WASHINGTON — The Bush administration has informed Congress that it is bypassing a law intended to forbid political interference with reports to lawmakers by the Department of Homeland Security.

The August 2007 law requires the agency’s chief privacy officer to report each year about Homeland Security activities that affect privacy, and requires that the reports be submitted directly to Congress “without any prior comment or amendment” by superiors at the department or the White House.

But newly disclosed documents show that the Justice Department issued a legal opinion last January questioning the basis for that restriction, and that Michael Chertoff, the homeland security secretary, later advised Congress that the administration would not “apply this provision strictly” because it infringed on the president’s powers.

Several members of Congress reacted with outrage to the administration’s claim, which was detailed in a memorandum posted this week on the Web site of the Office of Legal Counsel at the Justice Department.

Senator Arlen Specter of Pennsylvania, the ranking Republican on the Senate Judiciary Committee, called the move “unconstitutional.” He said Mr. Bush should have vetoed the bill if he did not like the provision, and compared the situation to Mr. Bush’s frequent use of signing statements to reserve a right to bypass newly enacted laws.

“This is a dictatorial, after-the-fact pronouncement by him in line with a lot of other cherry-picking he’s done on the signing statements,” Mr. Specter said in a telephone interview. He added, “To put it differently, I don’t like it worth a damn.”

The Bush administration defended the decision not to obey the statute. Erik Ablin, a Justice Department spokesman, said its legal view was consistent with what presidents of both parties had long maintained.

Mr. Ablin also said the administration had told Congress that the provision would be unconstitutional, but Congress passed the legislation — which enacted recommendations of the 9/11 Commission — without making the requested change. So the administration decided to sign the bill and fix what Mr. Ablin called its “defects” later.

The letter that Mr. Chertoff sent to Congress in March was addressed or copied to 10 Congressional leaders. But it was not publicly disclosed and received no press coverage. It is not clear how many lawmakers saw it.

In an apparent coincidence, the Homeland Security Department’s privacy officer, Hugo Teufel III, issued his annual privacy report on Friday. It said there were 4,184 privacy complaints over a recent six-month period, but gave few details about them.

The Department of Homeland Security declined to make Mr. Teufel available for an interview or to say whether administration officials had edited his report.

“We are not able to comment on this specific report,” said Laura C. Keehner, the department press secretary. She added that the department’s activities to date had complied with the Office of Legal Counsel opinion and the Constitution.

(Read Original Article - Via NYTimes.com .)