House Foreclosure Legislation Meets GOP Ambiguity

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.

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The Rule of Secret Law in the Bush Administration

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.

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EPA Official Forced Out for Being Effective

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.

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Congressional Hearings Explore Contracting Waste, Fraud, and Abuse

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.

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Gas Tax Holiday Would Yield Little for Consumers

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.

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OMB Interference under Scrutiny in Congress

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.

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White House Blocking Whale Protection Rule

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.

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Criminal Investigation of Utah Mine Officials Urged

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.

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Court Upholds Stealth Lobbying Disclosure

The National Association of Manufacturers' (NAM) legal challenge to the stealth lobbying disclosure provisions in the 2007 lobbying and ethics reform law was rejected by the U.S. District Court for the District of Columbia on April 11. After the U.S. Court of Appeals and the U.S. Supreme Court refused to grant a stay pending appeal, NAM announced it would comply with the law while its appeal proceeds by disclosing members who contributed more than $5,000 toward lobbying in a quarter and have supervision, control, or active participation in NAM's federal lobbying efforts.

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HHS Proposes Restrictive Rules for HIV/AIDS Grantees

On April 17, the Department of Health and Human Services (HHS) published a notice of proposed rulemaking that seeks public comments on special requirements for organizations that receive HIV/AIDS funding from HHS. The rule would require "legal, financial, and organizational" separation between a grantee and any affiliate organization that does not adopt mandatory language opposing prostitution and sex trafficking. This "pledge requirement" is being challenged in court by groups that say the policy might stigmatize and alienate the people in need of HIV/AIDS prevention services and violates First Amendment rights because it applies to other programs that are not federally funded. Comments on the proposed regulation are due May 19.

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