EPA "Tests The Limits Of Federal Lobbying Law"
Today in Washington, D.C. - May 19, 2015
The House reconvened at 10 AM today. Potential bills to be considered today are:
H.R. 1806- "To provide for technological innovation through the prioritization of Federal investment in basic research, fundamental scientific discovery, and development to improve the competitiveness of the United States, and for other purposes."
H.R. 2250 - "Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2016."
H.R. 2353 - "To provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund, and for other purposes."
S. 178 — "To provide justice for the victims of trafficking."
Yesterday the House passed:
H.R. 474 (Voice Vote) — "To amend title 38, United States Code, to provide for a five-year extension to the homeless veterans reintegration programs and to provide clarification regarding eligibility for services under such programs."
H.R. 1038 (voice Vote) — "To amend title 38, United States Code, to require the Secretary of Veterans Affairs to retain a copy of any reprimand or admonishment received by an employee of the Department in the permanent record of the employee."
H.R. 1313 (403-0) — "To amend title 38, United States Code, to enhance the treatment of certain small business concerns for purposes of Department of Veterans Affairs contracting goals and preferences."
H.R. 1382 (404-0) — "To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs, in awarding a contract for the procurement of goods or services, to give a preference to offerors that employ veterans."
H.R. 91 (402-0) — "To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to issue, upon request, veteran identification cards to certain veterans."
H.R. 1816 (voice Vote) — "To exclude from consideration as income under the United States Housing Act of 1937 payments of pension made under section 1521 of title 38, United States Code, to veterans who are in need of regular aid and attendance."
H.R. 1987 (Voice Vote) — "To authorize appropriations for the Coast Guard for fiscal years 2016 and 2017, and for other purposes."
The Senate reconvened at 10 AM today. Following an hour of morning business, the Senate resumed consideration of H.R. 1314, the vehicle for the Trade Promotion Authority bill. More votes on amendments to the TPA legislation are expected this afternoon.
Yesterday, the Senate voted 45-41 to reject an amendment offered to the bill by Sen. Sherrod Brown (D-OH) which would have increased Trade Adjustment Assistance funding to stimulus levels.
The Senate also voted 92-0 to adopt an amendment from James Lankford (R-OK) that will take into account the religious freedom conditions of any country in trade negotiations with the United States
The New York Times reports today, “In a campaign that tests the limits of federal lobbying law, the [EPA] orchestrated a drive to counter political opposition from Republicans and enlist public support in concert with liberal environmental groups and a grass-roots organization aligned with President Obama. The Obama administration is the first to give the E.P.A. a mandate to create broad public outreach campaigns, using the tactics of elections, in support of federal environmental regulations before they are final.”
The NYT explains, “Federal law permits the president and political appointees, like the E.P.A. administrator, to promote government policy, or to support or oppose pending legislation. But the Justice Department, in a series of legal opinions going back nearly three decades, has told federal agencies that they should not engage in substantial ‘grass-roots’ lobbying, defined as ‘communications by executive officials directed to members of the public at large, or particular segments of the general public, intended to persuade them in turn to communicate with their elected representatives on some issue of concern to the executive.’
“Late last year, the E.P.A. sponsored a drive on Facebook and Twitter to promote its proposed clean water rule in conjunction with the Sierra Club. At the same time, Organizing for Action, a grass-roots group with deep ties to Mr. Obama, was also pushing the rule. They urged the public to flood the agency with positive comments to counter opposition from farming and industry groups.
“The results were then offered as proof that the proposal was popular. ‘We have received over one million comments, and 87.1 percent of those comments we have counted so far — we are only missing 4,000 — are supportive of this rule,’ Ms. McCarthy told the Senate Environment and Public Works Committee in March. ‘Let me repeat: 87.1 percent of those one-plus million are supportive of this rule.’”
According to The Times, “At minimum, the actions of the agency are highly unusual. ‘The agency is supposed to be more of an honest broker, not a partisan advocate in this process,’ said Jeffrey W. Lubbers, a professor of practice in administrative law at the American University Washington College of Law and the author of the book ‘A Guide to Federal Agency Rulemaking.’ ‘I have not seen before from a federal agency this stark of an effort to generate endorsements of a proposal during the open comment period,’ he said.
“Senator James M. Inhofe, Republican of Oklahoma and chairman of the environment committee, is holding a hearing on Tuesday to examine the proposed rule. ‘There is clear collusion between extreme environmental groups and the Obama administration in both developing and promoting a host of new regulations,’ he said.
“The most contentious part of the E.P.A.’s campaign was deploying Thunderclap, a social media tool that spread the agency’s message to hundreds of thousands of people — a ‘virtual flash mob,’ in the words of Travis Loop, the head of communications for E.P.A.’s water division.”
And this isn’t the first time the EPA has come under scrutiny for working closely with environmental groups and appearing to weigh their opinions over those of other Americans.
Last year, The New York Times reported, “In November 2010, three combatants gathered in a sleek office here to build a carbon emissions policy that they hoped to sell to the Obama administration . . . . Over the next two years the lawyers, David Doniger and David Hawkins, and the scientist, Daniel Lashof, worked with a team of experts to write a 110-page proposal, widely viewed as innovative and audacious, that was aimed at slashing planet-warming carbon pollution from the nation’s coal-fired power plants. On June 2, President Obama proposed a new Environmental Protection Agency rule to curb power plant emissions that used as its blueprint the work of the three men and their team. . . .
Tags: House, Senate, Washington, D.C., EPA, test limits, Federal Lobbying Law To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!
The House reconvened at 10 AM today. Potential bills to be considered today are:
H.R. 1806- "To provide for technological innovation through the prioritization of Federal investment in basic research, fundamental scientific discovery, and development to improve the competitiveness of the United States, and for other purposes."
H.R. 2250 - "Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2016."
H.R. 2353 - "To provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund, and for other purposes."
S. 178 — "To provide justice for the victims of trafficking."
Yesterday the House passed:
H.R. 474 (Voice Vote) — "To amend title 38, United States Code, to provide for a five-year extension to the homeless veterans reintegration programs and to provide clarification regarding eligibility for services under such programs."
H.R. 1038 (voice Vote) — "To amend title 38, United States Code, to require the Secretary of Veterans Affairs to retain a copy of any reprimand or admonishment received by an employee of the Department in the permanent record of the employee."
H.R. 1313 (403-0) — "To amend title 38, United States Code, to enhance the treatment of certain small business concerns for purposes of Department of Veterans Affairs contracting goals and preferences."
H.R. 1382 (404-0) — "To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs, in awarding a contract for the procurement of goods or services, to give a preference to offerors that employ veterans."
H.R. 91 (402-0) — "To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to issue, upon request, veteran identification cards to certain veterans."
H.R. 1816 (voice Vote) — "To exclude from consideration as income under the United States Housing Act of 1937 payments of pension made under section 1521 of title 38, United States Code, to veterans who are in need of regular aid and attendance."
H.R. 1987 (Voice Vote) — "To authorize appropriations for the Coast Guard for fiscal years 2016 and 2017, and for other purposes."
The Senate reconvened at 10 AM today. Following an hour of morning business, the Senate resumed consideration of H.R. 1314, the vehicle for the Trade Promotion Authority bill. More votes on amendments to the TPA legislation are expected this afternoon.
Yesterday, the Senate voted 45-41 to reject an amendment offered to the bill by Sen. Sherrod Brown (D-OH) which would have increased Trade Adjustment Assistance funding to stimulus levels.
The Senate also voted 92-0 to adopt an amendment from James Lankford (R-OK) that will take into account the religious freedom conditions of any country in trade negotiations with the United States
The New York Times reports today, “In a campaign that tests the limits of federal lobbying law, the [EPA] orchestrated a drive to counter political opposition from Republicans and enlist public support in concert with liberal environmental groups and a grass-roots organization aligned with President Obama. The Obama administration is the first to give the E.P.A. a mandate to create broad public outreach campaigns, using the tactics of elections, in support of federal environmental regulations before they are final.”
The NYT explains, “Federal law permits the president and political appointees, like the E.P.A. administrator, to promote government policy, or to support or oppose pending legislation. But the Justice Department, in a series of legal opinions going back nearly three decades, has told federal agencies that they should not engage in substantial ‘grass-roots’ lobbying, defined as ‘communications by executive officials directed to members of the public at large, or particular segments of the general public, intended to persuade them in turn to communicate with their elected representatives on some issue of concern to the executive.’
“Late last year, the E.P.A. sponsored a drive on Facebook and Twitter to promote its proposed clean water rule in conjunction with the Sierra Club. At the same time, Organizing for Action, a grass-roots group with deep ties to Mr. Obama, was also pushing the rule. They urged the public to flood the agency with positive comments to counter opposition from farming and industry groups.
“The results were then offered as proof that the proposal was popular. ‘We have received over one million comments, and 87.1 percent of those comments we have counted so far — we are only missing 4,000 — are supportive of this rule,’ Ms. McCarthy told the Senate Environment and Public Works Committee in March. ‘Let me repeat: 87.1 percent of those one-plus million are supportive of this rule.’”
According to The Times, “At minimum, the actions of the agency are highly unusual. ‘The agency is supposed to be more of an honest broker, not a partisan advocate in this process,’ said Jeffrey W. Lubbers, a professor of practice in administrative law at the American University Washington College of Law and the author of the book ‘A Guide to Federal Agency Rulemaking.’ ‘I have not seen before from a federal agency this stark of an effort to generate endorsements of a proposal during the open comment period,’ he said.
“Senator James M. Inhofe, Republican of Oklahoma and chairman of the environment committee, is holding a hearing on Tuesday to examine the proposed rule. ‘There is clear collusion between extreme environmental groups and the Obama administration in both developing and promoting a host of new regulations,’ he said.
“The most contentious part of the E.P.A.’s campaign was deploying Thunderclap, a social media tool that spread the agency’s message to hundreds of thousands of people — a ‘virtual flash mob,’ in the words of Travis Loop, the head of communications for E.P.A.’s water division.”
And this isn’t the first time the EPA has come under scrutiny for working closely with environmental groups and appearing to weigh their opinions over those of other Americans.
Last year, The New York Times reported, “In November 2010, three combatants gathered in a sleek office here to build a carbon emissions policy that they hoped to sell to the Obama administration . . . . Over the next two years the lawyers, David Doniger and David Hawkins, and the scientist, Daniel Lashof, worked with a team of experts to write a 110-page proposal, widely viewed as innovative and audacious, that was aimed at slashing planet-warming carbon pollution from the nation’s coal-fired power plants. On June 2, President Obama proposed a new Environmental Protection Agency rule to curb power plant emissions that used as its blueprint the work of the three men and their team. . . .
Tags: House, Senate, Washington, D.C., EPA, test limits, Federal Lobbying Law To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!
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