Publications :  The Watcher :  OMB Watcher Vol. 8: 2007 :  June 26, 2007 Vol. 8, No. 13 : 

In This Issue

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Portman Out, Nussle Tapped to Head OMB (06/26/2007)
On June 19, Office of Management and Budget (OMB) Director Rob Portman announced his resignation, effective in August. President Bush has chosen former House Budget Committee chairman Jim Nussle to be the next OMB director — a candidate whose reputation and policy record suggest the White House is prepared to clash with Democrats in Congress, particularly over the FY 2008 budget.

House Battle over Earmarks Procedure Resolved (06/26/2007)
A fiercely partisan impasse in the House was resolved on June 14 when Appropriations Chair David Obey (D-WI) and Minority Leader John Boehner (R-OH) reached a comprehensive procedural agreement following months of confusion and vituperation over the chamber's earmarks disclosure and approval process. The agreement outlines rules for consideration of earmarks for the House to follow for each of the 12 FY 2008 appropriations bills and appears to be operating smoothly thus far: on June 21, the House Appropriations Committee approved the lists of earmarks for two spending bills by voice votes.

President Promises Slew of Vetoes (06/26/2007)
As Congress looks forward to the July 4 recess, it continues to fulfill a primary responsibility — passing legislation that funds the activities of the federal government. Five of 12 FY 2008 spending bills have passed the House and await Senate approval. But President Bush has signaled he intends to veto bills that could push spending above the $933 billion cap specified in his budget request earlier this year.

EPA Announces Proposed Smog Standard (06/26/2007)
The U.S. Environmental Protection Agency (EPA) has announced proposed changes to the national standard for ground-level ozone, also known as smog. Scientific consensus supports a limit substantially lower than the current standard. EPA's proposal has drawn criticism for being too weak to fully protect the public from the adverse health effects of ozone. A lack of transparency in the rulemaking process has left the public in the dark as to whether EPA, the White House or industry lobbyists may be to blame.

House Legislation Would Force Regulatory Review (06/26/2007)
The House has approved legislation that would expand the ability of the Small Business Administration (SBA) to aid small businesses in complying with federal and state regulations. However, the bill would also allow SBA to target regulations that the small business community finds objectionable.

House Bills Address Mining Health and Safety Shortfalls (06/26/2007)
Two House bills introduced June 19 address health and safety issues left out of the MINER Act passed in 2006 after coal miners died in three separate accidents in Kentucky and West Virginia. The bills also include provisions that will allow the Mine Safety and Health Administration (MSHA), often criticized for slow implementation of mining laws, to better address new and existing protections.

Supreme Court Upholds Right to Run Genuine Issue Ads during Elections (06/26/2007)
On June 25, the U.S. Supreme Court announced its decision in Federal Election Commission vs. Wisconsin Right to Life, Inc., ruling 5-4 that the federal electioneering communications ban is unconstitutional when applied to genuine issue ads. The case challenged a provision in the Bipartisan Campaign Reform Act of 2002 (BCRA) that bars corporations, including nonprofits, from paying for broadcasts that mention federal candidates 60 days before a general election or 30 days before a primary (known as the blackout period). Though the Court ruled in favor of groups that run issue ads during elections, the debate will likely continue throughout the upcoming presidential election and beyond.

Americans United Calls on IRS to Investigate Rhode Island Catholic Diocese (06/26/2007)
The Internal Revenue Service (IRS) has cautioned that it will closely watch the partisan political activities of charities as the 2008 election approaches. This enforcement may address new complaints about alleged political intervention, including a June 13 Americans United for Separation of Church and State (AU) letter to the IRS asking for an investigation into the Roman Catholic Diocese of Providence, RI, for possibly violating its tax-exempt status.

Grantmakers Without Borders Challenges Treasury's Senate Testimony (06/26/2007)
On June 20, Grantmakers Without Borders (Gw/oB), a philanthropic network of 130 organizations, sent a letter to the leaders of the Senate Homeland Security and Governmental Affairs Committee objecting to the Department of the Treasury's portrayal of the agency's relationship with the charitable sector as an alliance on counter terrorism issues. The letter states, "Ironically, Treasury's anti-terrorism policies often chill the valuable work of international grantmakers, including Gw/oB's member organizations. Thus, philanthropic money that funds, for example, farming projects or support for tsunami victims is too often delayed or discontinued."

Vice President Avoids Oversight, Claims Office not Part of Executive Branch (06/26/2007)
On June 21, the House Committee on Oversight and Government Reform released communications between the National Archives and the Office of the Vice President (OVP) detailing how Vice President Dick Cheney has exempted himself from an executive order about safeguarding classified information. The order requires all executive entities to comply with procedures for safeguarding classified information and to disclose basic information on classification practices. In response to repeated requests to comply with the order, Cheney argued that his office is not an entity within the executive branch. Additionally, the OVP has supposedly suggested eliminating the National Archives' oversight authority for classified information security.

Congress Moves to Create a Greenhouse Gas Inventory (06/26/2007)
In an effort to combat the causes of climate change, proposals to collect and publicly disclose accurate information on releases of greenhouse gases are moving forward in Congress. Two recently introduced bills seek to create an inventory of greenhouse gas emissions, and during the week of June 18, the Senate Interior Appropriations Subcommittee included a provision in its bill that would require the U.S. Environmental Protection Agency (EPA) to create such an inventory. These efforts move in the direction of collecting accurate information on such a broad environmental challenge and, if the EPA's Toxics Release Inventory is any indication, could help to reduce emissions through the mere disclosure of information.

Congress Critical of EPA's Information on 9/11 (06/26/2007)
In recent House and Senate hearings, Congress called to task the U.S. Environmental Protection Agency (EPA) and former EPA Administrator Christine Todd Whitman for misrepresenting the health dangers World Trade Center (WTC) dust posed to the public in the aftermath of the 9/11 attacks. The Senate hearing, chaired by Sen. Hillary Clinton (D-NY), was held by the Committee on Environment and Public Works' Superfund and Environmental Health Subcommittee on June 20; the House hearing, chaired by Rep. Jerrold Nadler (D-NY), was held June 25 by the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties.

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