Government Matters Articles

Transparency Makes Early Appearance in the New Congress

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.

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NSA Warrantless Spying Program Shut Down, but Questions Remain

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.

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National Research Council Strongly Objects to OMB Risk Assessment Bulletin

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 NRC suggested the Bulletin be withdrawn completely.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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President Bush Amends Federal Regulatory Process

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.

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Senate Passes Ethics and Lobbying Reform Bill

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. Travel and Gifts

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Will Congress Stick with PAYGO?

On Jan. 5, the House took a significant step in the direction of fiscal responsibility, adopting pay-as-you-go (PAYGO) budget rules by a 280-152 margin. PAYGO rules bar consideration of legislation including tax cuts or entitlement expansions that would have the net effect of increasing the deficit. While a necessary step toward putting the country back on the right fiscal path, PAYGO rules may make fulfilling the policy goals of the new Democratic Congress significantly more difficult to achieve.

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Court Upholds Wisconsin Group's Right to Air Grassroots Lobbying Ads

On Dec. 21, 2006, in a victory for grassroots lobbying rights, a federal court ruled that three radio ads Wisconsin Right to Life (WRTL) wished to broadcast in the months before the 2004 election should have been allowed because they did not expressly advocate election or defeat of a federal candidate. The 2-1 decision held that a campaign finance rule banning broadcasts referring to a federal candidate aired during the campaign is unconstitutional as applied to WRTL's lobbying ads, but limited its ruling to the facts of this case. The Federal Election Commission (FEC) and sponsors of the Bipartisan Campaign Reform Act of 2002 (BCRA) appealed to the U.S. Supreme Court and joined in WRTL's request to expedite the case.

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EPA: Home for the Holidays

While legislators were leaving Washington and families across America spent time celebrating the holidays, the U.S. Environmental Protection Agency (EPA) continued to issue rules and contemplate regulations. Several issues received little attention from media and lawmakers despite their potentially significant impact on the nation’s public health and welfare. Here is a brief summary of some of EPA's work during late December and early January.

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House Begins Session with New Process Rules

On Jan. 5, the House approved new rules covering civility, legislative process and fiscal responsibility, the second of two rules packages in as many days that the Democrats passed since taking over the chamber. The new rules should help restore some transparency, fiscal responsibility and fairness to the legislative process in the House and represent an important first step in restoring faith in the congressional process. But further reforms are still warranted.

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OIRA Back Door Open to Dudley?

Susan Dudley is likely to be named as a senior consultant in OMB's Office of Information and Regulatory Affairs (OIRA), according to a BNA story published Jan. 8. If true, Dudley would be in a position to influence OIRA decisions about regulations across all government agencies. Dudley was nominated by President Bush in 2006 to be the administrator of OIRA to replace John Graham, who resigned in February of that year. Thanks to widespread opposition from the public interest community, Capitol Hill, and individuals, the Senate failed to hold a vote on her nomination before the end of the 109th Congress because she lacked sufficient support in committee.

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