Publications :  The Watcher :  OMB Watcher Vol. 8: 2007 :  April 3, 2007 Vol. 8, No. 7 : 

In This Issue

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GSA Administrator Testifies on Misconduct Allegations (04/03/2007)
On March 28, General Services Administration (GSA) chief Lurita Doan testified before the House Committee on Oversight and Government Reform to account for incidents of alleged mismanagement and politicization of GSA resources. In her testimony, Doan mostly offered unsubstantiated denials and accusations while professing ignorance or a faulty recollection of key actions.

Congress Approves War Funding; Pressures Bush to Withdraw Troops (04/03/2007)
Despite repeated veto threats from President George W. Bush, both the House and Senate have approved enormous war supplemental bills that contain a schedule for eventual withdrawal of American soldiers from Iraq. At approximately $124 billion, these bills are the largest supplemental funding legislation in history.

Budget Resolution Conference Faces Key Choices on PAYGO, Taxes (04/03/2007)
In the final weeks of March, the House and Senate adopted budget resolutions for Fiscal Year 2008 by narrow margins and will now turn to the task of finding a compromise resolution in conference committee. The two $2.9 trillion budget plans are broadly similar — both seek to reach a budget surplus by the year 2012, establish reserve funds to extend the State Children's Health Insurance Program (SCHIP) to all eligible children, and embrace pay-as-you-go (PAYGO) principles. But their slightly differing spending provisions and definitions of PAYGO, as well as a Senate amendment to extend some of President George W. Bush's middle-income tax cuts, will present some critical choices in conference.

Support Mounts to End IRS Privatization Program (04/03/2007)
Key politicians and advocacy groups are lining up against an IRS program to privatize tax collections, as suspect contracts have raised further concerns about the effectiveness and transparency of the program.

OMB Manipulated Climate Science, Report Says (04/03/2007)
Political officials throughout the Bush administration have edited and manipulated climate science communications, according to a recent report by a nonprofit watchdog group. Evidence shows the White House Office of Management and Budget (OMB) to be involved in the manipulation.

Miners Detail MSHA's Failings in Emotional Testimony (04/03/2007)
On March 28, the House Committee on Education and Labor heard emotional testimony from miners and miners' families about the dangerous conditions that currently exist in the coal industry, despite recent federal legislation that addresses mine safety. The main focus of the hearing was to provide a forum for the families and miners to argue for legislative and regulatory action similar to laws recently passed in West Virginia and Kentucky and to describe conditions in the mines.

FDA Issues New Conflict of Interest Guidelines (04/03/2007)
The U.S. Food and Drug Administration (FDA) issued a proposal that revised its criteria for determining whether scientific advisory committee members have financial conflicts of interest. The guidance, which would be nonbinding if adopted, is in its draft form and will be open for comment upon publication in the Federal Register. The guidance simplifies FDA's process for determining financial conflicts of interest. It also details exceptions agency personnel can make to allow scientists with conflicts of interest to serve on panels. The proposal comes as FDA faces increasing scrutiny over its ties to the pharmaceutical industry.

Department of Homeland Security Finalizes Chemical Security Program (04/03/2007)
On April 2, the Department of Homeland Security (DHS) finalized interim chemical security regulations. The final regulations are an improvement over the proposed regulations issued in December 2006, but many weaknesses remain. In particular, DHS modified its broad interpretation of a provision regarding state preemption but did not adequately establish that states can develop rules stronger than the federal ones. The final rules do little to allay concerns regarding the lack of public accountability and access to information or the failure to require consideration of inherently safer technologies by facilities reporting to DHS.

Needs and Methods for Congressional Oversight the Focus of Hearing (04/03/2007)
In the context of the ongoing controversy surrounding the firing of eight U.S. attorneys, the House Judiciary Subcommittee on Commercial and Administrative Law held a hearing on March 29 that explored the oversight powers of Congress. "Ensuring Executive Branch Accountability" included testimony from several experts on executive privilege and congressional oversight powers.

RTK NET Publishes 2005 Toxics Release Inventory Data (04/03/2007)
The Right-to-Know Network (RTK NET) published the 2005 Toxics Release Inventory (TRI) data on March 23, providing public access to important U.S. Environmental Protection Agency (EPA) data on the release and transfer of toxic chemicals in the United States. This is EPA's earliest release of the annual TRI data in the history of the program.

CEQ Guidance Adds Needed Details to Bush Executive Order (04/03/2007)
On March 29, President George W. Bush's Council on Environmental Quality (CEQ) released guidance to agencies that explains in greater detail how to implement the president's recent environmental order. On Jan. 24, Bush issued Executive Order (E.O.) 13423, Strengthening Federal Environmental, Energy and Transportation Management. The order replaced five detailed environmental orders, issued by President Bill Clinton, with vaguer, less aggressive provisions that broaden agency exemptions and consolidate power in executive offices.

Senate Committee Advances Electronic Filing Legislation (04/03/2007)
Legislation that would require senators to file their Federal Election Commission information electronically was passed out of the Senate Rules Committee on Feb. 28. The issue has been raised in the last two sessions of Congress but has never been passed by the Senate.

New York Police Watched Nonprofits before 2004 GOP Convention (04/03/2007)
A March 25 story in the New York Times revealed that the New York City Police Department (NYPD) conducted a covert surveillance program in 14 states, Canada and Europe that collected information on groups planning lawful protests or events at the 2004 Republican National Convention. The information became public as a result of two lawsuits brought against the city by seven of the 1,806 people arrested during the convention. However, the city has asked a federal court to keep detailed records of this surveillance secret, fearing they will be "misinterpreted." The vast scope of the surveillance has become public knowledge at the same time that Congress is investigating Federal Bureau of Investigation (FBI) abuse of Patriot Act powers to collect information.

Double Standard: Chiquita Banana Fined, Not Shut Down, for Transactions with Designated Terrorists (04/03/2007)
In a plea agreement with the U.S. Department of Justice (DOJ), on March 14 Chiquita Brands International agreed to pay a $25 million fine after admitting it paid terrorists for protection in a dangerous region of Colombia. The payments, made between 1997 and 2004, continued despite the company's knowledge that they were illegal. The company was allowed to continue profitable production during the investigation. The U.S. government's action is inconsistent with standards and procedure used against charities, which have had their assets seized and frozen while investigations are pending. Six U.S. charities have been shut down on the basis of much less evidence than the direct payments to which Chiquita admitted. The Chiquita fine is unlikely to affect its operations, as the company has annual revenues of approximately $4.5 billion.

Charities File Friend of Court Brief Supporting Grassroots Lobbying Rights (04/03/2007)
A group of 17 charities filed an amicus brief in the U.S. Supreme Court case Wisconsin Right to Life v. Federal Election Commission on March 23, urging the Court to protect the right of charities to broadcast grassroots educational and lobbying communications. Multiple amicus briefs have been filed on both sides of the case, which challenges the constitutionality of the "electioneering communications" rule in the Bipartisan Campaign Reform Act of 2002 (BCRA). The rule bans broadcasts that refer to federal candidates and are funded by corporations, including charities, 60 days before a general election and 30 days before a primary. The Court will hold oral argument on April 25, and a decision is expected in the summer or early fall, in time to clarify the law before the 2008 elections.

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