Congress Votes Through Continuing Resolution, Stalls on OMB Nomination, and Leaves for the Election

 

It can't get much closer than this. In the early hours of the last day of fiscal year 2010, and the last legislative day before it adjourned for the midterm elections, Congress passed a basic continuing resolution, temporarily funding the government through December 3. That gives lawmakers from November 15, when they're scheduled to return, though December 3 to pass the entire FY 2011 budget. If they fail, which is entirely likely considering it only gives them three weeks to work, Congress will have to pass another continuing resolution.

You can find the text of the resolution, which essentially funds the government at the FY 2010 level minus a good chunk of Census funds, here, and the New York Times has a short write up of it here.

Unfortunately, before adjourning, the Senate did not act on Jack Lew's nomination to head the Office of Management and Budget, as Sen. Mary Landrieu's (D-LA) hold on his nomination is still in effect. And since the Senate agreed to conduct "pro-forma" sessions for the next few weeks, President Obama will not be able to install Lew as a recess appointment. In other words, Lew will not be confirmed until mid-November at the earliest, assuming Landrieu drops her hold. A worst case scenario could see Landrieu maintaining her hold through the end of the current Congress, meaning that the budget, which Obama must submit by early February, will have to be overseen by Jeffrey Zients, the current acting OMB director. And, no offense to Zients, that's not a good thing. As it is, with the Senate gone, it looks like Lew will have very little effect on the FY 2011 budget.

Image by Flickr user Robert Bruce Murray III used under a Creative Commons license.

(Sam Rosen-Amy 09/30/10; 0 comments)

Fiscal Commission to Produce Sensible Solutions to Debt/Deficit Dilemma Soon

  Rainbows and Unicorns to Appear Shortly After

No, I'm just kidding. In fact, according to a Congressional Quarterly (subscription) article published yesterday, it looks like expected Republican congressional electoral gains this fall may completely gridlock what are already complicated negotiations within the commission over addressing our nation's problematic mid- to long-term fiscal issues.

Yesterday afternoon, shortly after the fiscal commission adjourned their last hearing before the November mid-term elections, co-chair Erskine Bowles urged those members of the commission who hold elected political office – which accounts for 12 of the 18 members – to "set some of those parochial interests aside" when voting for recommendations next month.

Commission members would be wise to heed Bowles' proposition if they hope to come up with any worthwhile proposals. For any recommendation to make it into the final report the commission puts out in December, 14 of the 18 members have to agree to it.

Republican gains in Congress could lessen the chances of that happening:

A Republican takeover of the House or Senate would likely embolden Republican members when the National Commission on Fiscal Responsibility reconvenes in December, lawmakers and analysts concluded. The Republicans could conclude that they have increased leverage in shaping the panel’s recommendations.

...

On the other hand, major gains in November could make Republicans on the commission less willing to cut bipartisan deals, some observers said. GOP leaders might discourage agreement, reasoning that any proposals to emerge from the commission would be considered during the post-election session of the 111th Congress with Democrats holding their current substantial House and Senate majorities.

Add that prognostication to what some panel members are describing as current Republican intransigence on any tax increases to raise revenue, and we'll likely have a final commission report that recommends trimming around the edges of fiscal problems rather than addressing the systemic issues within our federal budget.

Color me cynical, but at this point I'll just be happy if the commission doesn't produce any proposals that recommend cutting Social Security benefits for future generations.

Image by Flickr user johnsolid used under a Creative Commons license.

(Gary Therkildsen 09/30/10; 0 comments)

More Information Sought on Cell Phone Industry Influence on FCC

 

In an article in the current edition of OMB Watch's Watcher, we discuss serious concerns about the extent of the wireless communications industry's influence over regulators. Following San Francisco's move to inform the public about potentially dangerous exposures to cell phone radiation, the Federal Communications Commission (FCC) – the agency in charge of regulating cell phone radiation levels – changed its website. The FCC deleted a suggestion to consumers to seek phones with lower radiation levels (known as SAR values), and added a lot of industry-speak downplaying the legitimate concerns raised by public interest groups. Now the Environmental Working Group (EWG) is demanding to know why the FCC made the changes and what role the wireless trade association might have played.

EWG – a long-time watchdog on cell phone radiation concerns – accuses the FCC of having "essentially cut and pasted the wireless industry's position into its revised websites." In a new blog post, EWG announces it just submitted a Freedom of Information Act (FOIA) request seeking all records related to the website changes, especially all relevant correspondence between FCC and the main wireless industry trade association, CTIA.

EWG earlier submitted a FOIA request to see what influence on FCC the industry group was wielding regarding the industry's law suit against the city of San Francisco seeking a halt to the city's cell phone radiation right-to-know law.

EWG has put together a useful critique of the FCC's changes to its website. The group finds the new information to be "full of internal inconsistencies and at odds with latest research on cell phone radiation." They also point out that there's no standardized method used by cell phone manufacturers to test a phone's SAR value. FCC asserts that this makes SAR values unreliable when used to compare phones and that many additional factors influence the level of radiation exposure. But if the testing is so unreliable, why doesn't FCC standardize the test in order to provide consumers with useful information? FCC's position also ignores that Switzerland, Germany and the United Kingdom recommend the use of low-SAR phones. FCC also fails to consider the impacts of radiation on children.

Clearly, in the absence of scientific consensus on the long-term health impacts of cell phone radiation – especially on children – cell phone users should be provided as much information as possible, so they can decide what actions are best for them. FCC doesn’t seem to think providing the public with information is a good idea. In addition to downplaying the value of using SAR values (like San Francisco is doing with its right-to-know law), the commission states in big bold letters, "The FCC does not endorse the need for these practices" - that is, practices that reduce users' exposure to cell phone radiation.

The striking similarity between industry claims and the new language on the FCC's website raises serious concerns about the independence of the regulatory agency. FCC should immediately disclose its interactions with industry representatives. The commission should also address the growing concerns – based on scientific studies – about cell phone radiation levels and conduct a transparent and thorough review of the scientific data.

(Brian Turnbaugh* 09/30/10; 1 comment)

Industry Misleading EPA and the Public on Coal Ash Rule’s Effects

 

As the U.S. Environmental Protection Agency continues to hold hearings across the country on its proposal to regulate coal ash, a toxic by-product of coal combustion that contains lead, arsenic, and other toxics, industry representatives continue to make excuses and concoct ridiculous arguments for why coal ash regulation isn’t necessary.

One of the most oft-repeated claims is that coal ash regulation will “stigmatize” coal ash and prevent industries from repurposing it into other products. Coal ash is frequently reused as a component in other products including cement and wallboard.

At yesterday’s hearing in Louisville, KY, the stigma argument came up again. Power giant Duke Energy perpetuated it, and threatened rate increases for its customers if strict coal ash regulation goes into effect. Others implied it would destroy the market for reuse, according to BNA news service (subscription). The argument came up at a hearing in Pittsburgh last week, when a Pennsylvania Power and Light spokesman said, “[R]egulations would severely limit and most likely eliminate beneficial uses…” [Emphasis added.]

Is it possible that these industry folks haven’t bothered to read EPA’s proposal? I’ll help them out, by pulling some key passages:

  • “EPA is not proposing to affect the current status of coal combustion residuals [or coal ash] that are beneficially used.”
  • “EPA is not proposing to change the May 2000 Regulatory Determination for beneficially used CCRs, which are currently exempt from the hazardous waste regulations…”
  • “EPA does not wish to inhibit or eliminate the significant and measurable environmental and economic benefits derived from the use of this valuable material without a demonstration of an environmental or health threat.” 

Industry representatives are fear mongering. Their comments are intended not to provide honest analysis of regulatory impacts but to mislead the public into thinking that strict coal ash regulation will have unintended consequences. They don’t want coal ash regulation because it will force them to take extra precautions when handling ash, not because it will restrict reuse.

Limiting reuse is clearly not EPA’s goal. The agency wants to protect public health (which, by the way, is its mission) by preventing the toxics found in coal ash from contaminating drinking water, and that’s exactly what it should do.

(Matthew Madia 09/29/10; 0 comments)

Congress Tries to Make Bureaucrats Communicate More Clearly

 

Today, the Senate passed H.R. 946, the Plain Writing Act of 2010. The bill requires agencies to use plain writing when communicating with the public. The House passed the bill in March.

Almost everyone has puzzled over a confusing government document and struggled to understand what it means. The goal of transparency is defeated if the information is not communicated clearly. But "plain" or "clear" are very subjective standards. Can legislation meaningfully influence something so subjective?

HR 946 attempts to improve the situation in several ways. The requirement to agencies itself is unenforceable and cannot be challenged in court. However, the bill also requires the Office of Management and Budget to provide guidance to agencies on using plain language. H.R. 946 also requires agencies to designate a coordinator to oversee its efforts to use plain language, better train employees, and report to Congress on compliance.

The bill builds upon earlier federal efforts included in Executive Order 12866, President Clinton's Memorandum on Plain Language, and the Paperwork Reduction Act. The history extends back at least as far as President Nixon, who called for the Federal Register to be written in "layman's terms". States also have addressed the issue: for instance, Florida Governor Charlie Crist created the Plain Language Initiative in his first act in office.

So how much difference will H.R. 946 make? It's hard to say. Clear communication is a challenge because it often requires extra effort. (As Blaise Pascal wrote in 1657, "I have only made this letter longer because I have not had the time to make it shorter.") But government should make the extra effort to ensure citizens understand its activities, regulations that may affect them, and benefits they may be eligible for. If HR 946 improves the situation, it'll be a welcome development.

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(Gavin Baker 09/28/10; 0 comments)

Friday Appropriations Update: Continuing Resolution Vote Must Happen Next Week

 

It's been an exciting few weeks on the Hill, with President Obama's OMB director nominee sitting before two Senate hearings before being blocked by a Democrat, House Republicans released their Pledge to America, and an effort to extendthe Bush tax cuts failed to move in the Senate. With all this excitement, I guess congressional appropriators couldn't find much time to work on their appropriations bills. In fact, the House Appropriations Committee made exactly zero progress on the fiscal year 2011 budget, meaning we're still waiting on the full committee to vote on ten appropriations bills. The Senate hasn't been much better, with its appropriations committee only approving two bills, and no floor votes. Which, as recent congressional witness Stephen Colbert might say, brings us to today's word: continuing resolution.

[You can also access the document here.]

One reason for the lack of appropriations activity is that, for the past few weeks, Democratic leadership has been working on a continuing resolution, which is essentially a motion to temporarily fund the government, usually mimicking the previous fiscal year's funding levels. These resolutions are used whenever Congress doesn't meet the October 1 deadline, which is when the new fiscal year starts. And considering October 1 is only one week away and Congress has passed zero appropriations bills, there is no chance, literally none whatsoever, that Congress will be able to vote through a budget in time. Therefore, it'll need to approve a continuing resolution sometime next week. If Congress fails to do so, the federal government will shut down, a situation some on the Hill have been talking about.

The key questions on the resolution will be how long it spans and how controversial its provisions are. The White House requested about $20 billion worth of additional spending items (including a small amount of school funding, Postal Service assistance, and Pell Grant funding), a move congressional Republicans objected to. A longer-term resolution would most likely face similar Republican ire, as it is easier to fit in additional spending on longer, more expensive bills.

Since there is little room for failure (the House won't be back for votes until Wednesday, the day before the last day in the fiscal year), it seems congressional Democrats are leaning towards a shorter, more narrowly focused continuing resolution. Late today, Senate Majority Leader Harry Reid (D-NV) filed for cloture on what will likely be the continuing resolution, setting up a possible Tuesday Senate vote. A Congressional Quarterly article on Reid's actions cited Democrats as saying that the resolution will probably be "clean," or devoid of add-ons. Although, since Congress has yet to pass a single appropriations bill, it will likely need quite a few continuing resolutions to give itself enough time to finish the 2011 budget cycle.

All in all, this is shaping up to be the worst appropriations cycle we've seen in years. I think now the most likely outcome is one giant omnibus bill containing most (if not all) of the year's appropriations bills.

(Sam Rosen-Amy 09/24/10; 0 comments)

Congress “Fixes” SEC Secrecy

 

Following last week’s hearing in the House Financial Services Committee and action by the Senate Judiciary Committee on the broad and unnecessary Freedom of Information Act exemption for the Securities and Exchange Commission, Congress moved quickly to approve legislation that will fix the controversial provisions.

Despite the SEC’s assurances that the exemptions are needed and will be applied narrowly, the legislative efforts to eliminate the language from the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act have garnered surprisingly strong bi-partisan support. On Sept. 21, just four days after the Judiciary Committee unanimously approved the legislative fix, S.3717, the full Senate voted unanimously to pass the bill. Yesterday, the House followed suit and passed the legislation on a voice vote.

Senator Patrick Leahy (D-VT), who introduced S. 3717, said of the bill’s passage, “This new law will ensure that the Freedom of Information Act (FOIA) remains an effective tool to provide public access to information about the stability of our financial markets.”

S. 3717 now travels to the White House where, hopefully, President Obama will quickly sign it and complete the process.

(Sean Moulton 09/24/10; 0 comments)

Curtailing Deficits without Touching Defense Spending is Silly

 

In their newly released, talking-point-heavy "Pledge to America," House Republicans say they are offering "a plan to stop out-of-control spending and reduce the size of government" if voters put them back in charge in November. One area of government the plan doesn't call for reducing, however, is the Department of Defense (DOD). In fact, the new conservative governing proposal explicitly exempts the DOD budget from their proposed cuts to bring federal spending back to "pre-stimulus, pre-bailout levels."

'Did you call me silly?'

This will not only entail massive cuts to other areas of discretionary spending, but it completely leaves the task of reforming a bloated DOD budget that, as Gordon Adams at Capital Gains and Games puts it, "has run rampant over the past decade, spurred by two invasions and occupations."

To the first issue, according to the Center on Budget and Policy Priorities, the Pledge's call for cuts to non-security discretionary spending, which mirrors a recent proposal by House Minority Leader John Boehner (R-OH), would reduce many government programs by 21 percent. These cuts would have drastic effects on basic services like education and transportation, and would likely cripple vital public protections like food and water safety.

As OMB Watch Executive Director Gary Bass wrote this afternoon in the Huffington Post:

Paired with their deficit-bloating tax cut ideas are massive spending cuts intended to "starve the beast" or "drown government in a bathtub." While this manifesto's rhetoric may cater to the far right, it certainly does not provide a meaningful solution to long-term structural deficits.

...

Instead, they focus on the smallest part of the budget problem - discretionary spending. There are numerous promises to cut non-defense spending, freeze non-security hires in the government, and sunset government programs. Showing some compassion (or reaction to poll-tested warnings), they may not cut programs serving "seniors, veterans, and our troops," but there are no protections for others hit hard by the economy, such as those without jobs.

On the second issue, defending the inertial growth of the defense budget as providing "our troops with the resources they need" is ridiculous. Even Secretary of Defense Robert Gates has recently acknowledged that there is at least $100 billion worth of savings possible over the next five years. While he plans to plow those savings right back into the department, it's at least a start.

Moreover, as Adams points out, the defense budget needs scrutiny because we as a country need to decide what and how much we want our military to do in the future. Leaving it alone to further grow and morph in the name of providing a robust defense is just scary.

Image by Flickr user TalkMediaNews used under a Creative Commons license.

(Gary Therkildsen 09/23/10; 0 comments)

Lew's Nomination to OMB Director Hits Two Progressive Bumps in the Road

 

One would expect that a Democratic nominee for a cabinet-level position might face resistance from Senate Republicans. After all, that's how partisan politics works in this country. But today, Jack Lew, President Obama's nominee for Office of Management and Budget (OMB) director, faced opposition from not one, but two liberal senators, while at the same time earning unanimous support from Republican senators.

The first bump came during a Senate Budget Committee vote on Lew's nomination. Earlier this week, the Senate Homeland Security and Government Affairs Committee (HSGAC) approved Lew's nomination unanimously, and considering the Budget Committee received Lew rather warmly, the vote should have been a cake-walk. However, Sen. Bernie Sanders (I-VT), voted against Lew's nomination, saying in a press release "Frankly, I found too many echoes of the failed policies of the past in [Lew's] responses to my questions on trade policy, Social Security, deregulation of banks and other issues." The Huffington Post wrote about some of the differences between Sanders and Lew, which I talked about here.

Despite Sanders' opposition, the twenty-two other senators on the committee, including ten Republican senators, voted for the nomination, meaning all that stood between Lew and the OMB post was a vote on the floor of the Senate.

Oh, that and Sen. Mary Landrieu (D-LA). The senator from Louisiana, who, I would point out, is not up for re-election anytime soon, decided to place a hold on Lew's nomination, blocking it from coming to the floor, until Obama promises to lift its BP-inspired moratorium on deep-water drilling. "Although Mr. Lew clearly possesses the expertise necessary to serve as one of the President's most important economic advisors, I found that he lacked sufficient concern for the host of economic challenges confronting the Gulf Coast," Landrieu said in a press release. "I cannot support further action on Mr. Lew's nomination to be a key economic advisor to the President until I am convinced that the President and his Administration understand the detrimental impacts that the actual and de facto moratoria continue to have on the Gulf Coast."

To be blunt, Landrieu's hold is both absurd and irresponsible. Lew, and his nomination, has nothing to do with the moratorium, and, as shown by the two committee votes, is remarkably well-liked. At the same time, the window for a floor vote on Lew's nomination is very small, since the Senate is leaving for the election next week, and the 2012 budget process is beginning in the agencies. If Lew isn't confirmed soon, he won't be involved in the first stages of the budget process, which is a significant part of his job.

By randomly choosing to take Lew's nomination hostage, Landrieu is potentially causing havoc with the budget. And I see little possibility for Obama to accede to her demands, for obvious reasons. Landrieu should drop her hold sooner rather than later, and allow Lew's nomination a fair floor vote before the budget process leaves him behind.

(Sam Rosen-Amy 09/23/10; 0 comments)

GOP 'Pledge' Is Simply a Way of Shutting Down a Large Part of Government

 

As Yogi Berra's redundant saying goes, "It's déjà vu all over again." Back in 1994, congressional Republicans unveiled what they called the "Contract with America." The Contract was chock-full of policy proposals intended to shrink the size of government, kneecap agencies' ability to protect the public, and decrease the burden on taxpayers, especially the rich.

Fast-forward to 2010, and we have John Boehner and Friends' "Pledge to America." The Pledge, cobbled together from comments from various forums and sprinkled with a variety of items from a number of conservative wish lists, contains some similar policy goals, though it appears to be far more driven by an angry, anti-government sentiment than the Contract with America was. Moreover, the Contract provided detailed descriptions of proposals; the Pledge is a set of bullet points with little detail. One conservative critic called it "pablum" in an article in the Washington Post.

Beyond the ultra-negative, unconstructive spin that opens the document, the Pledge contains what may be serious policy items buried within the bullet points. These include budget-busting tax cuts, spending cuts that would further shortchange Americans most in need, and a proposal that attempts to slow down and possibly stop public protections.

Read the rest of this piece at The Huffington Post.

(Gary Bass* 09/23/10; 0 comments)