Publications :  The Watcher :  OMB Watcher Vol. 9: 2008 :  May 13, 2008 Vol. 9, No. 10 : 

In This Issue

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Criminal Investigation of Utah Mine Officials Urged (05/13/2008)
On May 8, Rep. George Miller (D-CA), chair of the House Education and Labor Committee, released the results of a nine-month committee investigation into the collapse of the Crandall Canyon mine in Utah. In the memorandum summarizing the investigation, Miller reveals that he sent a letter of criminal referral to the U.S. Department of Justice (DOJ) recommending the agency investigate the mine's general manager.

White House Blocking Whale Protection Rule (05/13/2008)
Multiple White House offices are working in concert to block a new policy that would expand federal protections for the North Atlantic right whale. The offices, including the office of Vice President Cheney, are questioning the findings of scientists at the National Oceanic and Atmospheric Administration (NOAA), the agency attempting to finalize the rule.

OMB Interference under Scrutiny in Congress (05/13/2008)
The White House Office of Management and Budget's review of federal agencies' draft regulations and scientific information was highlighted in two congressional hearings the week of May 5. The review process gives Office of Management and Budget (OMB) officials an opportunity to delay or undermine public health and safety standards. One hearing examined the constitutional implications of OMB review, the other the scientific implications.

EPA Official Forced Out for Being Effective (05/13/2008)
U.S. Environmental Protection Agency (EPA) Region 5 administrator Mary Gade felt the full force of Dow Chemical's influence in Washington when on May 1, she was told to resign or be fired by June 1. Gade, who used to represent industries and often advocated against increased regulation, was on the other side of protracted negotiations with Dow over clean-up of dioxin contamination at its plant in Midland, MI. Gade chose to resign following the ultimatum.

The Rule of Secret Law in the Bush Administration (05/13/2008)
The Senate Judiciary Subcommittee on the Constitution held a hearing on the proliferation of secret law in the Bush administration. In particular, the subcommittee focused on the role of the Office of Legal Counsel (OLC) in the Justice Department in the development of secret law governing the executive branch.

White House Issues Memo on Controlled Unclassified Information (05/13/2008)
The White House released a memorandum on May 9 establishing new rules governing the designation and sharing of Controlled Unclassified Information (CUI). By creating a single designation and consistent procedures, the memo attempts to resolve the growing problem of multiple Sensitive But Unclassified (SBU) designations, which slow the sharing of information.

Whistleblower Week in Washington (05/13/2008)
Whistleblower advocates convene in Washington, DC, this week (May 12-16) for events dedicated to honoring whistleblowers, promoting their protection, and educating the public and Congress about the most pressing issues for whistleblowers today.

Gas Tax Holiday Would Yield Little for Consumers (05/13/2008)
Increasing gasoline prices have spurred federal lawmakers to propose policies designed to help consumers at the pump. One such proposal that has garnered considerable attention is a "gas tax holiday." Unfortunately, this proposal would do little for consumers because it would be unlikely to lower the price of gas.

House Foreclosure Legislation Meets GOP Ambiguity (05/13/2008)
Despite a worsening housing crisis across the country, Congress continues to move slowly to enact legislation intended to ease the burden for homeowners. On May 8, the House adopted comprehensive legislation (H.R. 3221) that would seek to reduce foreclosures in the face of an administration veto threat issued just days before. But Senate negotiations between the chair and ranking member of the Banking, Housing, and Urban Affairs Committee have gone on for weeks, with no deal in sight. Most members' eagerness to pass a bill to address the crisis before Memorial Day has thus far been thwarted by key GOP leaders in Congress and some in the Bush administration.

Congressional Hearings Explore Contracting Waste, Fraud, and Abuse (05/13/2008)
The Senate Democratic Policy Committee (DPC), the political arm of the Democrats in the Senate, has been holding a series of investigatory hearings concerning contracting problems during the Iraq war. The series of hearings has been aimed at increasing accountability and oversight of the federal contracting process, particularly related to the reconstruction of Iraq and the increased outsourcing of key military functions during the war.

Veterans Administration Bars Voter Registration Drives for Wounded Soldiers (05/13/2008)
On April 25, the Department of Veterans Affairs (VA) issued Directive 2008-023, "Voting Assistance for VA Patients," allowing voter registration drives in VA hospitals, only to reverse itself on May 5 with Directive 2008-025. Without registration drives, it appears that each veteran will have to request support individually, placing the burden on veterans who are staying in hospitals, long-term care facilities, or nursing homes. Litigation on the issue is pending.

Group Plans to Challenge IRS Election Standard (05/13/2008)
The Alliance Defense Fund (ADF), an Arizona nonprofit organization, has launched an effort to encourage ministers to "preach from the pulpit a sermon that addresses the candidates for government office in light of the truth of Scripture." "Pulpit Freedom Sunday" is planned for Sunday, Sept. 28, slightly more than a month before the presidential election. The group will intentionally use sermons to challenge the Internal Revenue Code's ban on partisan electioneering by 501(c)(3) organizations. It hopes any investigations lead to a lawsuit and a court decision finding the prohibition to be unconstitutional.

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