B-204529 L/M, NOV 3, 1981
Highlights
THE EXECUTIVE BRANCH OF GOVERNMENT IS NOT REQUIRED BY LAW TO INFORM CONGRESS OF THE NAMES OF GRANT AND CONTRACT AWARD RECIPIENTS AND PRESIDENTIAL APPOINTMENTS NOT NEEDING SENATE CONFIRMATION. 2. SOME FEDERAL AGENCIES HAVE INTERNAL REGULATIONS PROVIDING FOR COMMUNICATING NAMES OF GRANT AND CONTRACT AWARD RECIPIENTS TO CONGRESS. YOUR INQUIRY WAS PROMPTED BY A STATEMENT ATTRIBUTED TO THE PRESIDENT'S ASSISTANT FOR POLITICAL AFFAIRS TO THE EFFECT THAT THE WHITE HOUSE INTENDS TO USE REPUBLICAN PARTY MACHINERY TO COMMUNICATE WITH HAWAII'S VOTERS. ALL OF WHOM ARE DEMOCRATS. THERE IS NOTHING WHICH REQUIRES THE EXECUTIVE BRANCH OF THE GOVERNMENT TO ROUTINELY FURNISH THE NAMES OF GRANT AND CONTRACT AWARDEES AND PRESIDENTIAL APPOINTMENTS EITHER TO THE CONGRESS AS A WHOLE OR TO PARTICULAR CONGRESSIONAL DELEGATIONS.
B-204529 L/M, NOV 3, 1981
DIGEST: 1. THE EXECUTIVE BRANCH OF GOVERNMENT IS NOT REQUIRED BY LAW TO INFORM CONGRESS OF THE NAMES OF GRANT AND CONTRACT AWARD RECIPIENTS AND PRESIDENTIAL APPOINTMENTS NOT NEEDING SENATE CONFIRMATION. 2. SOME FEDERAL AGENCIES HAVE INTERNAL REGULATIONS PROVIDING FOR COMMUNICATING NAMES OF GRANT AND CONTRACT AWARD RECIPIENTS TO CONGRESS.
DANIEL K. AKAKA, HOUSE OF REPRESENTATIVES:
THIS RESPONDS TO YOUR INQUIRY ABOUT WHETHER "WITHHOLDING INFORMATION FROM MEMBERS OF CONGRESS *** CONFORMS TO THE LETTER AND SPIRIT OF OUR NATION'S LAWS." YOUR INQUIRY WAS PROMPTED BY A STATEMENT ATTRIBUTED TO THE PRESIDENT'S ASSISTANT FOR POLITICAL AFFAIRS TO THE EFFECT THAT THE WHITE HOUSE INTENDS TO USE REPUBLICAN PARTY MACHINERY TO COMMUNICATE WITH HAWAII'S VOTERS, RATHER THAN THAT STATE'S MEMBERS OF CONGRESS, ALL OF WHOM ARE DEMOCRATS. INFORMALLY, YOUR STAFF HAS TOLD US THAT THE INFORMATION IN QUESTION ENCOMPASSES THE NAMES OF THE RECIPIENTS OF GOVERNMENT GRANTS AND CONTRACTS AND PRESIDENTIAL APPOINTMENTS INCLUDING APPOINTMENTS TO THE NATIVE HAWAIIANS STUDY COMMISSION.
WE DO NOT KNOW OF ANY LAW WHICH AUTHORIZES WITHHOLDING OF INFORMATION OF THE SORT YOU REFER TO. ON THE OTHER HAND, THERE IS NOTHING WHICH REQUIRES THE EXECUTIVE BRANCH OF THE GOVERNMENT TO ROUTINELY FURNISH THE NAMES OF GRANT AND CONTRACT AWARDEES AND PRESIDENTIAL APPOINTMENTS EITHER TO THE CONGRESS AS A WHOLE OR TO PARTICULAR CONGRESSIONAL DELEGATIONS, EXCEPTING PRESIDENTIAL APPOINTMENTS REQUIRING SENATE CONFIRMATION, ABSENT A REQUEST FOR SUCH INFORMATION. THIS WOULD INCLUDE APPOINTMENTS TO THE NATIVE HAWAIIANS STUDY COMMISSION, SINCE SENATE CONFIRMATION OF APPOINTEES IS NOT REQUIRED. SEE NATIVE HAWAIIANS STUDY COMMISSION ACT, PUB.L. NO. 96 565, TITLE III, 94 STAT. 3324, COPY ENCLOSED.
ON THE OTHER HAND, ALTHOUGH WE DID NOT CONDUCT AN EXTENSIVE REVIEW, AT LEAST ONE FEDERAL AGENCY WITH SUBSTANTIAL GRANT AND CONTRACT ACTIVITIES HAS INTERNAL REGULATIONS THAT PROVIDE FOR COMMUNICATING THE NAMES OF GRANT AND CONTRACT AWARD RECIPIENTS TO CONGRESS. THE DEPARTMENT OF HEALTH AND HUMAN SERVICES PROCEDURES PROVIDE THAT ITS OFFICE OF CONGRESSIONAL LIAISON NOTIFY APPROPRIATE MEMBERS OF CONGRESS OF MOST GRANT AWARDS OTHER THAN FORMULA GRANTS. THE SAME PROCEDURES DIRECT THE CONGRESSIONAL LIAISON OFFICE TO TRANSMIT AWARD INFORMATION TO MEMBERS OF CONGRESS PRIOR TO THE AWARD'S PRESS RELEASE DATE. DEPARTMENT OF HEALTH AND HUMAN SERVICES, GENERAL ADMINISTRATION MANUAL CH. 19-30. A COPY OF THE CITED REGULATION IS ENCLOSED FOR YOUR INFORMATION.