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The Sound Of Silence

Hear that? That silence is the sound of my phone not ringing. It's been a familiar quiet since I first started trying to get some answers about Rep. Don Young's (R-AK) Coconut Road earmark last month.

Someone, apparently acting on Young’s behalf, managed to change the bill’s language in the massive 2005 transportation bill after it had passed both houses of Congress, but before the President signed it into law. The change no doubt gratified real estate developer Daniel Aronoff, who’d raised $40,000 for Young earlier that year in his push for $10 million to construct a highway interchange. Young’s language change steered that cash away from the community’s requested use and to Aronoff’s pet project.

So a few weeks ago, I decided to figure out how, in a very technical sense, a bill's language can change after it passed both houses of Congress. Surely there must be a process to keep bills awaiting the President's signature safe from tampering, or so I assumed.

But after being passed repeatedly from office to office, I’m still none the wiser as to how Young might have changed the bill’s language. It’s become crystal clear, however, that those who should know don’t have a ready answer -- and don't seem eager to find one.

I started with a call to the current House clerk in late August; I heard nothing. Then I tried the House clerk who was in place in 2005 when the rewording occurred. Jeff Trandahl, now the executive director of the National Fish and Wildlife Foundation, was on a cruise two weeks ago. When he returned, his secretary called to let me know he is too busy to talk -- too busy indefinitely, that is. I pressed, asking if that means he is saying no comment. "No, he is just too busy with an upcoming fundraiser." (Classic Washington blow-off line!)

Undeterred, I went back to the current clerk's office last week. I explained, again, what I was trying to find out and got an answer! I was told: call the Committee on House Administration and ask for its spokesman, Kyle Anderson. (Apparently other reporters are interested in the same question, so the two offices worked together to come up with a solution.) Anderson was sympathetic, but still passed me back to the House Parliamentarian's Office.

I called over there, but had a hard time hearing the person who answered the phone. They were having a "luncheon," that sounded like a wild party (as far as Parliamentarian Office parties go). I called back in an hour, heard loud laughter and cocktail party chatting and then a "click." The third time was the charm. Max Spitzer, an assistant parliamentarian who didn't seem to know what I was talking about, clacked away at a computer, asking me questions about the name of the bill and the date, etc. He looked through something and concluded: "There is nothing here that would indicate a language change."

Well, there you go. The Coconut Road controversy is a figment of my imagination and Lee County, Florida's too. But wait, Lee County, the area that received the funds just voted to send the money back to Congress last month, in hopes of having it reallocated for what they determined to be the original purpose. Lee County commissioned a study from a former government official to trace the earmark's history, discovering that the language change must have occurred in the limbo period between passing Congress and waiting for the president's signature.

And what about our unsuccessful efforts to find an earmark -- any earmark -- other than Young's that had undergone a similar change in the bill? I offered to send the report on to Spitzer so he could see that in fact there was a change. He gave me his email address. The next day he said he sent it on to his superiors, who are certainly working on it.

Just in case that doesn't work, I called back the House Committee on Administration to talk with Anderson again. He sounded, again, very understanding. He explained that it's hard because it's a different majority, with different people working in the various offices. He said he'd see about reaching out to the "other side of the aisle" for me.

Since I haven't heard anything from Anderson, I just called the minority staff myself. I asked the spokeswoman there, Salley Collins, if Anderson spoke with her about this: "No, not at all." Well, good thing I called. After I explained the situation, which surprised her, she offered to put in a request with the Congressional Research Service to look into the matter. Collins warned that CRS could take a while to get to it.


32 Comments

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Laura,

I am awfully sorry that you went to all of that trouble. You should have called me. I wrote that line into the bill right before I signed it because a couple of my buddies told me that we needed a road there. Sorry about the trouble!

--GWB

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Laura, don't you realize that a lot of people could be embarrassed if you discovered--and revealed--that other earmarks had been "tweaked" between approval and signing? You wouldn't want to do that, would you?

Just be a good girl and do what I think an awful lot of people do in Washington: put your hands over your eyes while loudly chanting "lalalalalalala." That should take care of the whole problem.

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Now that's what I call real accountability!

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Thanks for the update and the work. It's clear that if you want something done in Washington, you should become a bike messenger carrying bills from the Hill to the White House.

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Laura, I’d like to add another “fly in the ointment” if I could. When the question is raised as to how a “language change” could enter important documents as they sit “in between” process points, it may be important to map out the process. However, it may be much more technical than you might think.

When we had to write everything, copying became very time consuming. Then copiers came along and changes were easier to work with but they were also easier to spot and control too. However the electronic age makes is so easy to make changes that it might make your head spin. I’m not commenting on the process of using editors but mainly that high-tech sophisticated hacking may well exist. Another point to remember is because of the electronic age, we are now often buried in information so it’s easy to assume that an important document may end up being huge in size as well. I’ve read earlier that one of the games used to pass Bill’s was to release it late forcing the Law Makers to rush. If so, then it makes sense since we are all human that many might not even want to review it. Digesting complex text, especially if it’s legaleze, takes time. Add this problem to a growing larger document and it quickly becomes humanly impossible to adequately do a proper review.

But regarding this problem, there is another level to this that needs to be thoroughly explored. I do mean thoroughly because when dealing with sophisticated hacking, you have to be thorough. It’ll require mapping out the entire document development AND certification process in enough detail to well explain the differences between when it’s in digital form and when it’s in printed form and what happens when it’s signed off by members.

When it’s in digital form is where it’s most vulnerable to sophisticated hacking. Please don’t discount this as I’ve had many years of experience dealing with this problem and urge you to consider tackling this. But beware as it is expected to be very tediously technical. If you need help, feel free to email me. Please accept that I’m assuming you can access my email address that’s part of this post, if not let me know a way to connect with you.

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what i'd really like to hear about is some follow up on something i heard about the department of transportation leaning on lee county to allocate the money as per the phoney earmark as signed by the decisionator.

on its face, it looks like young et al. are still pushing this thing even after its become a combusting tire around his political neck. and in full public view.

as max bialystock says, "flaunt it, baby."

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Wait just a damn minute. If he's too busy during office time to answer a simple question because he's working on a "fundraiser" isn't that a Hatch Act violation?

What a BS excuse that is.

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Max Bialystock seems to be as good a model for Don Young as any. Reminds me of how he looked when he did the jig while cooking up hot dogs on the VECO BBQs at his dinner for homeless people last July.

I can't wait to see his October 15 filing report....If Diane Benson and Jake Metcalfe could be bringing in the money Young's attorneys are spending on lunch, this could get interesting soon. Along the lines of "flaunt it, baby!" I can't wait to see who's stupid enought to still be sending Young their money.

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Helen,

NFWF is not a government agency, hence not subject to the Hatch Act.

From thier web page: "The National Fish and Wildlife Foundation (NFWF) is a private, nonprofit, tax-exempt organization chartered by Congress in 1984."

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And we just keep reelecting incumbents to congress so they can get rich off BRIBES [reelection funds]!!!!!!!!!

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Please keep this on the front burner and follow up repeatedly. They can't simply refuse to answer forever.

Can't Nancy Pelosi get an answer?

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I agree. Can't the Speaker of the House find out how this happened and explain how it isn't going to happen again to the American people? Or is that just too much to ask...you know, that it is the Congress that actually votes on and passes laws, and not the guy who happens to print out the copy for the President to sign who is making our laws?

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KTUU and ADN two leading yet impotent media outlets in Alaska failed again
and again and again and again

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Today, Cracker wrote:

"KTUU and ADN two leading yet impotent media outlets in Alaska failed again
and again and again and again..."

About a year ago, I wrote:

http://www.insurgent49.com/munger_young.html

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Anonymous,

Thanks for that correction. I missed the word Foundation in my initial reading of the main story. My bad.

I stand corrected.

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No offense intended to Marty Didier, but your explanation is ridiculous. If bills are subject to hacking in between Congress and the White House, then network security is sorely lacking in Washington D.C. This is a *criminal* act, not a mistake.

There needs to be a criminal investigation as to who changed the bill, because this certainly should not be swept under the carpet. If hackers are indeed able to change this bill, then they can change others.

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check with whichever entity is responsible for engrossing and enrolling the bill. that's the point in the process where the change could have been slipped in by some unscrupulous legislative analyst. at least that's how it works in state legislatures.

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Setting aside all the electronic document stuff, isn't there an actual, physical document that is the real bill that is passed and physically presented to the president for his signature? And doesn't that carry the signatures of officials in the two legislative bodies?

Remember when Reagan was president and he got the Congress to pass OBRA in 1981 with all those vicious, right-wing elements to it? (Like raising the tenant share in subsidized housing from 25% of income to 30%?) I recall news stories that they had so little time to consider the bill that the actual bill as passed included things like phone numbers written in the margins.

It seems that this should be subject to investigation by the GAO and the Congressional Budget Office, doesn't it?

Also, even though this is big, it seems to be that it should be made even bigger. If the president can turn something into law by signing a document that was not passed by Congress, what do we need Congress for?

Standing seems like a difficult issue here, but I would think a declaratory judgment action to challenge the validity of the legislation as signed by the president would be in order on the ground that it isn't what Congress passed.

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Get a sympathetic Dem member of Congress to request a report from CRS.

It will indeed take a while, but if it backs up the Lee County report, it will be a bigger news story, and the resulting attention will eventually require some explanations and maybe some additional Congressional investigation.

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"Setting aside all the electronic document stuff, isn't there an actual, physical document that is the real bill that is passed and physically presented to the president for his signature?"

Yes. It's called the "enrolled bill," it's legally binding, and is literally printed on parchment paper. Typically, the bill drafting office within a legislative body is responsible for enrolling bills. Before bills are enrolled, however, they are engrossed--that's the process of incorporating any amendments that have been passed into the language of the bill. During the engrossing process, changes could easily be slipped in by an unscrupulous legislative analyst. This could possibly happen during enrollment of the bill as well.

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Jeff Trandahl is responsible for the insertion unless he shows otherwise because he was in control of the office where the changes have to have been made.

Congress should investigate and should examine all bank accounts of all persons with access to the bill.

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Sorry if this has been addressed, but wouldn't that make the whole bill null and void?

I know if there's even a period different between House and Senate versions it is not valid.

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As a legal/Constitutional matter, this situation is not quite the same as the presentment clause issue involved in the line item veto case (Clinton v. City of New York, 524 US 417 (1998)).

The process of enrollment is described in the Thomas/Library of Congress web site at .

As a political matter, the issue is one that can only become more fascinating as the facts become (hopefully) known. Please keep up the good work.

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Nice job once again Laura. Thank you for updating us on your efforts to bring a little transparency to this dirty deed. I think you are close to blowing the top off. The nitty gritty details exposed to the searchlight of public interest sleuthing. I love it. Please keep the focus. Thank you, thank you, thank you.

Thanks also to the other commentors who post here. If you have insight as to how the details might have worked out, or know the key questions to ask, please post, or keep posting.

I'm a Don Young constituant and I'm outraged.

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When I first heard of this a couple months back, I was incensed that this could happen. Changing the language of any legislation should be a felony! Are you effing kidding me? The non reaction to this stunned me and led me to think this was not a one time episode. In a country supposedly of laws and not men, what Sen. Young did should have been investigated thoroughly and immediately with the removal of Young from every committee until complete answers are found. The arrogance and impunity of these criminals is disgusting. We have become desensitized to the abject criminality and contempt displayed by the republican party because of the daily drumming and constant flow of scandal and unchecked hubris. We are in the midst of the purposeful dismemberment of American democracy, culture and law. See you in the KBR internment camps. The passivity and indifference of the American people to what is occurring all around them will be the legacy of a failing civilization.

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I'm sure that Jeff Trandahl has no love lost for the GOP. He was the one who tried to warn the GOP leadership about Mark Foley's inappropriate advances on House pages. He resigned and disappeared faster than Kaiser Soze.

You should definitely contact him about this issue.

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Jeff Trandahl's current employment with the National Fish and Wildlife Foundation makes me wonder about his relationship with the Alaska Congressional delegation. It appears he also just wrapped up a visit to Alaska according to this.

http://www.rasmuson.org/PressRelease/index.php?switch=view_pressrelease&iReleaseID=144

Since much of the Alaska dealings focus on fishing it is worth noting that NFWF has a new program called More Fish that will be handing out cash very soon - federal cash that is. The More Fish program is listed under the Keystone Initiative grants at NFWF.

Fun fact - as Laura reported back in early August, the entire Alaska delegation contributed earmarks to the "Keystone Drive Improvement Project."

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well, it seems to have been proliferated in the last Congress. In the attorney purges, language was put in last minute that got the Bushies USAs without Senate confirmation. That language unbeknown to the Senators changing that tradition, but did you see any of that outrage? Just mildly. I don't know if it was ever changed back, and how we got Rachel Poulose.

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Aerows, sorry if you got the idea that my comment was calling this a mistake. As mentioned, it clearly is a criminal act. There is a lot of work required to determine what has happened before all of us learn what it is. However, from my personal experience in directly dealing with this problem for more than a decade, I can assure you that everyone is in for huge shocking surprise. It may even make many want to throw their computers away!

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"I'm sure that Jeff Trandahl has no love lost for the GOP. He was the one who tried to warn the GOP leadership about Mark Foley's inappropriate advances on House pages. He resigned and disappeared faster than Kaiser Soze."

puhleez.... Trandalh didn't try to "warn" anyone. He was a key part of the GOP "gay mafia" in DC, and was the person in charge of covering up Foley's indiscretions --- he knew about them, and as the individual in charge of the House page program, had an obligation to report Foley to the House Ethics Committee.

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Hey Laura - Five hundred dollars says you will find this is not the first time a bill was altered after passage but prior to presidential signing.

Surely it can not be that hard to get MS Word versions of both and use Word's built in text comparison tool.

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