Publications :  The Watcher :  OMB Watcher Vol. 8: 2007 :  January 23, 2007 Vol. 8, No. 2 : 

In This Issue

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Senate Passes Ethics and Lobbying Reform Bill (01/23/2007)
On Jan. 18, the Senate passed its first major piece of legislation, S. 1, the Legislative Transparency and Accountability Act of 2007. The sweeping measure covers congressional travel, gifts, and lobbying activity and increases disclosure. However, senators rejected proposals to create an independent ethics panel and to require big dollar grassroots lobbying campaigns to disclose their spending. Grassroots lobbying disclosure and other proposals now move to the House, which has passed its own ethics rules, but has yet to act on amending the Lobbying Disclosure Act.

Misinformation Campaign Defeats Grassroots Lobbying Disclosure in Senate (01/23/2007)
When the Senate passed S. 1, the Legislative Transparency and Accountability Act of 2007, on Jan. 18, it left out a provision that would have required big dollar federal grassroots lobbying campaigns to disclose their spending and the identity of their clients. The provision was taken out after an intensive campaign by opponents that was primarily based on inaccurate information or interpretations that were at odds with the stated intentions of the sponsors. Supporters of the provision, including OMB Watch, have promised to pursue it when the House considers its amendments to the Lobbying Disclosure Act (LDA). OMB Watch has proposed clarifications to the language that are intended to eliminate contradictory interpretations and ensure that the disclosure requirements are limited to big dollar campaigns. In the meantime, misinformation spread by some conservative groups and advertising firms have scuttled an effort to prevent corruption in Congress by bringing greater transparency to the lawmaking process.

Supreme Court to Hear Challenge to Ban on Broadcasts (Again) (01/23/2007)
The long-running debate over whether grassroots lobbying broadcasts should be exempt from the federal ban on "electioneering communications" may finally be resolved in 2007. On Jan. 19, the Supreme Court agreed to hear Federal Election Commission v. Wisconsin Right to Life during its current term, making a final decision before the 2008 elections likely. The case challenges the McCain-Feingold campaign finance rule barring corporations, including nonprofits, from paying for broadcasts that mention federal candidates 60 days before a general election or 30 days before a primary. The Supreme Court decision is likely to determine how the Federal Election Commission (FEC) uses its power to create exemptions to the rule and may generate action in Congress as well.

Senate Passes New Rules on Earmark Disclosure (01/23/2007)
The Senate on Jan. 18 passed a comprehensive lobbying and ethics reform bill — S. 1, the Legislative Transparency and Accountability Act of 2007 — that included an overhauled earmark disclosure rule. After nearly two weeks of floor debate featuring reversals, stalemates, and a brief filibuster, the Senate voted 96-2 to pass the bill, widening the definition of earmarks and increasing their public disclosure requirements. S. 1 must be passed by the House and signed by the president before any of it, including the Senate rules changes, can take effect.

Congress Commits More Time to Doing Its Job (01/23/2007)
After one of the shortest legislative sessions on record, the 110th Congress has scheduled substantially more days in session for 2007. Hoping to avoid the "do-nothing" label that haunted the 109th Congress, Democratic leaders are hoping the additional time will not only allow for the adoption of their initial "100 hours" agenda, but also the timely completion of all appropriations bills before the start of the next fiscal year. Despite the additional days in session, however, it may still be difficult for Democrats to enact their priorities.

The Fiscal Impact of House 100 Hours Agenda (01/23/2007)
On Jan. 18, the House Democrats succeeded in passing the final piece of their six-part "100 hours" agenda. The combined fiscal impact of the bills — which implement 9/11 Commission recommendations, close energy tax loopholes and more — is significant: the Congressional Budget Office (CBO) has estimated $21.1 billion in savings and revenue over the next ten years if the bills are signed into law.

Congress Can Shape War Policy through Appropriations Process (01/23/2007)
President Bush's plan to increase troop levels in Iraq has stirred up debate recently over the extent to which Congress can direct war policy. While some have gone so far as to suggest that Congress has the authority to do no more than make symbolic statements, in truth, the appropriations process gives Congress significant — albeit restricted — power to shape the course of war policy.

Transparency Makes Early Appearance in the New Congress (01/23/2007)
In the 110th Congress, transparency provisions have quickly moved into a central role in efforts to bring about greater oversight and accountability. From lobbying reform to national security oversight, the new Congress has made legislative strides toward a more open government.

NSA Warrantless Spying Program Shut Down, but Questions Remain (01/23/2007)
President George W. Bush will not reauthorize the National Security Agency's (NSA) Terrorist Surveillance Program (TSP) through secret Executive Order, according to the U.S. Department of Justice (DOJ). Attorney General Alberto Gonzales announced in a Jan. 17 letter to lawmakers that DOJ will instead seek court orders from the Foreign Intelligence Surveillance Court (FISC), and that henceforth, the program will operate in compliance with the Foreign Intelligence Surveillance Act (FISA). While the announcement and the increased accountability are welcomed by many of the program's critics, many questions remain unanswered.

President Bush Amends Federal Regulatory Process (01/23/2007)
On Jan. 18, President George W. Bush issued amendments to Executive Order 12866 on Regulatory Planning and Review. The most notable of the changes will require federal agencies to: implement a stricter market failure criterion for assessing the need for regulation; require agencies to develop a summation of total costs and benefits each year for all proposed regulations; install a presidential appointee as agency Regulatory Policy Officer; and subject "guidance documents" to the same White House Office of Management and Budget (OMB) review process as regulations. Bush's amendments do not have the force of law but significantly change E.O. 12866, which figures prominently into the nation's regulatory process. The amendments will impact the way in which federal agencies go about creating rules and enforcing laws.

National Research Council Strongly Objects to OMB Risk Assessment Bulletin (01/23/2007)
A Jan. 11 National Research Council (NRC) report found the Office of Management and Budget's (OMB) Proposed Risk Assessment Bulletin to be "fundamentally flawed." The report contained concerns similar to those raised by OMB Watch and Public Citizen in comments submitted in August 2006. OMB asked NRC to review the document after its release in January 2006. NRC suggested the Bulletin be withdrawn completely. Following the release of the report, OMB announced that it will go back to the drawing board to "develop improved guidance for risk assessment."

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