Government Executive - Authors - Erin Mershon

The perils of bypassing Congress

Catherine Hollander and Erin Mershon , National Journal — Tue, 29 Jan 2013 16:47:15 -0500

If a president's first term is about reelection, his second is about history. And as President Obama made clear in his inaugural address last week, he is hoping to make history by tackling climate change.

But as he butts up against Congress on gun control, immigration reform and a slew of budget battles, the president is expected to pursue his climate agenda through actions he can take without congressional approval, the most prominent of which will be the Environmental Protection Agency’s finalization of rules restricting carbon dioxide emissions from new fossil-fueled power plants, which is expected this spring.

Attempting to make major changes through executive action is a strategy with many pitfalls, says Michael McConnell, a constitutional law scholar at Stanford University. Executive actions lack permanence. Courts could find that the president or executive agencies overstepped. “In general, an executive can move faster when it acts on its own, but the danger is that nine or 13 months later, they’re going to find that what they’ve done is struck down,” McConnell said.

Legal challenges to Obama’s climate actions are all but guaranteed. Even if they aren’t successful, they may delay implementation of new rules and regulations, making progress in Obama’s remaining four years difficult.

Pursuing climate change through the White House rather than Congress also runs the risk of being a slapdash approach to the problem rather than a comprehensive solution.

“Long term, you do need Congress’s support,” Alden Meyer, director of strategy and policy for the Union of Concerned Scientists, said of the administration. “To get the kind of deep reductions and the real transition away from polluting fossil fuels over the next several decades, you need to have some bipartisan support; you need to have Congress going along with it and future presidents also wanting to build on this. I think [Obama administration officials] know that.”

Indeed. “I continue to believe that whenever we can codify something through legislation, it is on firmer ground. It's not going to be reversed by a future president. It is something that will be long-lasting and sturdier and more stable,” Obama said in a recent interview with The New Republic.

With debates over immigration, gun control, and the nation’s fiscal future raging, however, the chances of Congress taking on climate legislation at the moment is slim. Still, it’s possible that some tweaks to climate policy could be made in the context of other legislation (tax incentives, for example, are a popular way to pursue climate goals).

So, can Obama become the climate-change president through executive action alone? History holds out hope. Even though presidents are largely remembered for their legislative accomplishments (think President Reagan’s tax reform, President Clinton’s welfare reform, President George W. Bush’s education agenda, and even Obama’s Affordable Care Act), Barbara Perry of the University of Virginia's Miller Center points to PresidentTruman, who gets a great deal of credit for the country's Medicare system—despite the fact that the law was passed more than 12 years after Truman left office.

Truman, she says, jump-started the national conversation on public health insurance. Though his proposals failed to pass Congress, he used his executive power to direct funds to construct hospitals, expand medical aid to the needy, and provide for expanded medical research. When President Johnson finally signed the bill into law in July 1965, he did so at the Truman Presidential Library in Independence, Mo., with Truman by his side. Crediting Truman in a speech at the signing ceremony, Johnson also enrolled the former president as the first Medicare beneficiary.

The lesson for Obama? Even if it takes a dozen more years to bring Congress around to the idea of comprehensive climate change legislation, Obama's work won't be for naught—and he may even be credited with paving the path on the issue.

In the meantime, the White House has pledged to forge ahead without Congress on climate. “[We will] continue to look for tools, administrative actions that we can take that don’t require Congress and in many cases don’t require federal dollars,” Brian Deese, deputy director of the White House National Economic Council, said at an event on the new energy economy hosted by National Journal and The Atlantic last week.

Here are some actions Obama can take, sans Congress:

Appointments. The president could be losing three strong advocates for action on climate change in his Cabinet: Energy Secretary Steven Chu is expected to resign, and the EPA administrator and the secretary of the Interior have already announced their departures. His choices for successors will say a lot about how committed the administration is to an aggressive climate-change agenda.

Sen. John Kerry, the Massachusetts Democrat who has been nominated to be secretary of State, pledged at his confirmation hearing last week to be a “passionate advocate” of using energy policy to solve climate change.The State Department leads U.S. negotiators on international agreements to address climate change, although any new commitments would need approval of the Senate. State is also charged with determining whether a permit for the proposed Keystone XL pipeline, which would carry oil from Canada's tar sands to U.S. refineries on the Gulf Coast, is in the national interest.

Regulation and enforcement. The biggest—and most widely expected—executive action is the EPA’s release of final rules limiting carbon dioxide emissions from new power plants. Additional action may be taken to address methane emissions from the oil and gas industry, something the Clean Air Task Force urged Obama to tackle in an open letter to the president earlier this month.

EPA will play the biggest, but not the only, role in implementing Obama’s second-term vision for climate change. A host of other departments have climate-related authority: Interior will be involved in discussions over oil drilling, fracking, and offshore wind turbines. Energy can set efficiency standards for appliances and buildings. The Agriculture Department is involved in implementing mandates for biofuels, such as corn-based ethanol. The Commerce Department oversees the National Oceanic and Atmospheric Administration, which interprets and explains climate science. The Transportation Department has a say in fuel-economy standards.

Public pronouncements. Next month’s State of the Union address will bring more clarity to just how Obama plans to tackle climate change. The Senate confirmation hearings for key Cabinet posts should also shed some light on just how rocky Obama's path forward will be.

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Behind the scenes of the 57th inauguration

Erin Mershon , National Journal — Wed, 12 Dec 2012 17:16:44 -0500

Though most expect smaller crowds for the upcoming ceremony, the Joint Task Force-National Capital Region, which oversees all the military support for the inauguration and which coordinates closely with presidential and congressional planning committees, is still planning to devote more officers to crowd management and traffic control in the hopes of keeping lines short and visitors happy for the Jan. 21, 2013 ceremony.

The JTF will also hold about two dozen more exercises and practice drills in the next 40 days leading up to the inauguration. To better prepare, they built a 40-by-60 foot planning map to show the route along Pennsylvania Avenue from the Capitol to the White House and have executed map exercises and drills to train officers for the event.

Military personnel handle more than just security for the event. More than 6,000 national guard members and 7,500 active duty military personnel, from all branches of the military, will assist with logistics, planning, traffic control, crowd management, and other event details. Many serve ceremonially in the parade or in salute to the commander-in-chief.

The JTF also helps stage the ceremony and the parade, including assisting the park service and metropolitan and capitol police with setting up bike racks, warming tents and extra cell towers along the parade route. About 1,500 color guards, marching bands, and cavalcades will participate in the parade from the Capitol to the White House.

"Planning events for several hundreds of thousands of visitors to the United States Capitol, as you might imagine, is a monumental challenge," said Major General Michael S. Linnington, the JTF-NCR commander. "But we're up for the challenge."]]>

Coburn adds snow-cone machines, armored-vehicle pumpkin festival protection to his hit list

Erin Mershon , National Journal — Wed, 05 Dec 2012 09:23:23 -0500

Sen. Tom Coburn, R-Okla., has a few more spending cuts to put on the fiscal-cliff negotiating table.

His solution? Start with the hundreds of thousands going to underwater-robot development in Ohio or armored-vehicle protection for a pumpkin festival in New Hampshire.

Coburn, who is known for his annual "Wastebook" report on government spending he deems unnecessary and frivolous, took on a new, more specific target in the latest report he released on Wednesday: the Homeland Security Department.

His office spent a year reviewing DHS grant programs within the Urban Areas Security Initiative, which provides funds to secure cities most at risk of a potential terrorist attack. Currently, 31 cities are eligible for the funds, and UASI had a budget of over $490 million for fiscal 2012, according to the Federal Emergency Management Agency, the DHS agency that specifically oversees UASI.

The report, entitled "Safety at Any Price: Assessing the Impact of Homeland Security Spending in U.S. Cities," highlights a number of examples of grant money spent on programs without obvious links to terrorism or preparedness. Some offices purchased supplies like a color printer; others paid officers' overtime. Several offices spent tens of thousands on unmanned aerial vehicles, or drones. Officials in Michigan purchased snow-cone machines, while others in Illinois spent millions on a failed video-surveillance system.

"Every dollar misspent in the name of security weakens our already precarious economic condition, indebts us to foreign nations, and shackles the future of our children and grandchildren," Coburn wrote in a forward to the report.

In addition to highlighting specific programs that Coburn considers a misuse of funds, the report notes that DHS failed to establish specific metrics that could prove the spending made Americans safer. According to his report, FEMA could not explain, when asked, how the UASI program prepared the nation for another potential attack.

DHS, however, disagrees with Coburn's position on the value of the grants. Spokesman Matt Chandler told the Alley the grants have directly supported the development and sustainment of preparedness programs, including those that helped responders minimize damage from hurricanes Irene and Sandy.

Chandler also said DHS has already adapted its program for fiscal 2013, based on lessons learned and information about evolving threats. The proposed program, he said, will take a "more targeted approach to grant funding" to ensure taxpayer dollars are used effectively. He specifically mentioned that the new efforts will incorporate measures of effectiveness to address accountability.

"FEMA is committed to being responsible stewards of taxpayer dollars and ensuring that all federal grant dollars that we disburse are used as intended -- to strengthen our resilience against all hazards and make our communities safer places to live," he said in an email.

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Capitol poses serious obstacles for people with disabilities

Erin Mershon , National Journal — Thu, 18 Oct 2012 09:38:02 -0400

Forget navigating the hallways or figuring out which elevator to use. For a visitor to the U.S. Capitol with limited mobility, just approaching a House office building is a barrier-riddled nightmare.

From too-steep curb ramps to uneven grades, the sidewalks of the Capitol complex alone present a host of barriers for visitors with disabilities. Despite bipartisan awareness and agreement to address the problems, funding isn’t sufficient for repairing barriers—or even to pay for the inspections necessary to identify them. Congressional contractors aren't required to make sure their plans comply with accessibility regulations before they break ground, so they may be adding more barriers as they work to fix existing ones.

In a report to be released on Thursday, an advance copy of which was provided to National Journal, Congress's Office of Compliance details a host of accessibility barriers on the Capitol campus. Its initial survey of House-side sidewalks revealed 154 barriers, more than half of which pose a safety risk for people with disabilities. Ninety-three percent of curb ramps outside the three House buildings, for example, do not comply with the 1990 Americans With Disabilities Act, which, among other things, set legal requirements for building accessibility. Many of the barriers identified on the Capitol campus were erected after the ADA passed and after the law was applied to legislative branch buildings in 1995.

The office also took special interest in surveying Capitol restrooms after receiving specific complaints about bathroom accessibility. The OOC inspected one restroom in each of the Senate and House office buildings—none complied with the ADA. In the Cannon House Office Building, the bathroom was not wide enough for easy wheelchair access; in most bathrooms, door handles, soap dispensers, and handrails were not designed or installed for use by those with disabilities.

Though the OOC must assess accessibility biennially, new software made a more specific inspection process possible last year. Because the agency's resources are limited, however, the OOC did not investigate any individual House or Senate offices. It also did not explore the interiors of the Capitol itself or the Library of Congress, even though all those structures legally must comply with the ADA.

Fixing the barriers it did identify would cost $1.4 million, according to the office's estimates. Upgrades include simple solutions, such as installing new bathroom handrails, as well as more complicated fixes, such as regrading curb ramps. The Architect of the Capitol, which would oversee the work, did not provide the OOC with its own cost estimates in time for the report’s release.

The Capitol and its campus are not under the jurisdiction of the Justice Department, which enforces ADA compliance. If it were, DOJ could seek civil penalties of up to $100,000 for some violations. Parties filing complaints with the Justice Department could also seek damages, according to Jonathan Mook, a disability lawyer and ADA expert.

But there is no one with executive authority to ensure that the Architect of the Capitol or its contractors comply with the ADA. The OOC has no power to force the AOC to address problems unless a member of the public files an official complaint with the Compliance Office.

Disability-rights advocates put their concerns in stark terms: An estimated one in five Americans is living with a disability. That 20 percent of the taxpaying public deserves access to their representatives in government, they argue.

“The ADA was passed 22 years ago. This is something the rest of the country is held accountable to, and Congress needs to be as well,” said United Cerebral Palsy's Kaelan Richards. “I don’t think the cost estimates in this were enormous, as compared to other government expenditures. It’s a matter of access. When you get down to the bottom of this, this is a constitutional right we’re talking about.”

Others close to the fight for access to Capitol Hill, however, say the Capitol is far more accessible than it was just 10 years ago. Heavy doors have been replaced with lighter ones and many have automatic openers; ramps and curb cuts were added to sidewalks. More than 260 elevators were modernized to meet ADA standards. The House installed lifts to the speaker's rostrum in 2010.

Rep. Jim Langevin, D-R.I., a quadriplegic and the House's first wheelchair-bound member, first presided over the House when that lift was finished. He applauded efforts in the last decade to make the Capitol accessible.

“Are there some things that still need to be changed, like making sure restrooms are more accessible? Sure. More work still needs to be done,” he said. But “I’m very grateful and very pleased with the progress I’ve seen. It happened too slowly, but we are getting there.”

Republicans, Democrats, and the AOC all agree on the importance of future improvements but the legislative budget is tight. Making the Capitol more accessible is no simple task either. Renovating historic buildings is an especially complicated and costly endeavor; celebrated, untouchable facades and wide expanses of marble can send renovation costs skyrocketing.

Read the rest of this article at NationalJournal.com.

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The book of government waste: from robo-squirrels to caviar

Erin Mershon , National Journal — Tue, 16 Oct 2012 08:58:13 -0400

Congress has taken a "let them eat caviar" attitude toward the American people, according to Sen. Tom Coburn, R-Okla.

As part of an annual "Wastebook" he released Monday, the Oklahoma Republican identified 100 government-backed projects, including a $300,000 effort to promote caviar consumption, that he says highlight the spend-happy nature of Congress at a time Americans are "struggling just to put the basics on the family dinner table." Combined, the projects total $18.9 billion in what Coburn sees as excess spending.

"How many nutritious school lunches could have been served with the $1.8 million in financial assistance provided to cupcake specialty shops?," Coburn asks in a letter at the start of the report.

The report derides initiatives from all branches of government, including some increased food stamp benefits for recipients that use medical marijuana, a NASA program designed to research proper food and drink for an unscheduled future mission to Mars and a $32,000 project to recreate a historic street out of Legos.

Coburn also calls out his colleagues for failing to address enough legislation, citing the statistic that they are on track to be the least productive legislature in history. The cost of their inactivity? $132 million, according to the report.

"Many high school student councils have been more deliberative than the U.S. Senate," the report reads.

Not every line item in Coburn's tally adds up. Many of the projects he ridicules list several-thousand-dollar price tags - with fine print below that explains the initiative was "part" of a certain government-funded grant costing that overall amount. In his tally of wasteful spending, Coburn also includes several loan guarantees for companies that have yet to fail. Though taxpayers would be on the hook if the company did go under, the government will be repaid the balance of the loan if the company succeeds.

Examples from Coburn's report:

$325,000 for an effort to build a lifelike Robo-Squirrel
$27 million for a project that included pottery classes for Moroccan artists translated by someone who was not fluent in English - and using materials that cannot be purchased in Morocco.
Almost $50,000 for Smokey the Bear hot-air balloon appearances.
$505,000 in block grants for a pet shampoo and toothpaste company.
$520,000 for an Ohio bridge that doesn't connect to a road or trail.
$40,000 for a video game based on Thoreau's writings at Walden Pond.
More than $540,000 for a dancing robot that DJs smartphones.
Nearly $68,000 for a "Students Against Trash" poster campaign.
$97,000 for a floating outhouse on an Oregon lake.
$6.9 million for research into making rubber-free tires from natural materials.
$35,000 for a book vending machine.

(Image via Dream79/Shutterstock.com)

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Senate Republicans block vote on vet jobs bill

Erin Mershon , National Journal — Wed, 19 Sep 2012 14:28:06 -0400

Sen. Jeff Sessions, R-Ala., raised a point of order against the bill on Wednesday, citing alleged violations of Senate budget rules. Since three-fifths of the chamber did not vote to waive the rules, the legislation cannot move forward.

The point of order was the latest in a string of obstacles designed to derail the bill, which would have created the Veterans Jobs Corps by setting aside $1 billion in federal grants to give veterans priority for jobs that might require military skills, such as in law enforcement or fire safety. Sen. Rand Paul, R-Ky., briefly filibustered the legislation last week in an unrelated attempt to withdraw aid to Pakistan.

Paul's move came after the bill's sponsor, Sen. Patty Murray, D-Wash., agreed to incorporate an alternate version put forth by Sen. Richard Burr, R-N.C., in a last-minute effort to make the bill as bipartisan as possible.

Veterans issues often enjoy bipartisan support in the Senate, but because this legislation was a major priority for the Obama administration and its main sponsor, Sen. Bill Nelson, D-Fla., is stuck in a tough reelection fight, some Republicans objected to the legislation on the grounds it was another campaign talking point to boost Democrats in the polls.]]>

Electric car chargers coming to Congress

Erin Mershon , National Journal — Tue, 21 Aug 2012 11:56:13 -0400

Capitol Hill infrastructure is known more for its oddities -- like the inaccessible fifth floor of the Cannon building -- than for its modernity. The latest approved development, however, may actually be ahead of demand.

Both the House and Senate approved plans to install public charging stations for electric vehicles earlier this month, and President Barack Obama signed those laws late last week. But in conversations with more than a dozen relevant Capitol Hill offices, Influence Alley could only track down one staffer with an electric car.

Callie Coffman, who serves as chief of staff for Rep.Dale Kildee, D-Mich., currently charges her 2011 Chevrolet Volt at Union Station or Pentagon City Mall. Kildee was the sponsor of the House legislation that approved the stations.

"I live in a condo on Capitol Hill where I don't have access to an outlet to charge my car on a regular basis. Having the ability to charge at work would be convenient," Coffman said in an email.

At least two senators drive electric vehicles, though neither has yet made explicit plans to use the Capitol charging stations. Sen. Carl Levin, D-Mich., drives a Chevrolet Volt, and Sen. Lamar Alexander, R-Tenn., drives a Nissan Leaf. Both were sponsors of the legislation to approve stations for Senate parking lots.

Though few staffers currently drive electric cars, the sponsors of the legislation hope the stations will act as incentive for staffers considering purchasing one. There are only about 55,000 electric vehicles on the road, according to a CBS projection, which falls well short of Obama's goals to have 1 million electric vehicles on the road by 2015.

We "need to take steps to ensure the infrastructure exists to make these vehicles desirable and accessible to consumers," Levin said in a floor statement after the bill passed.

Sen. Jeff Merkley, D- Ore., a sponsor of the Senate legislation, agrees with Levin on the importance of encouraging electric vehicle use. He recently drove across his state in an electric car, noting firsthand the importance of convenient charging stations.

"If we are going to increase the use of electric vehicles across the nation, we need to make sure we have the necessary charging infrastructure," Merkley spokeswoman Courtney Warner-Crowell said in an email, adding "Helping encourage more electric vehicles across the country and ensuring we have the necessary infrastructure for an EV future is crucial."

The Architect of the Capitol is still working out details like when, where and how the stations will be installed, according to spokeswoman Eva Malecki. The legislation passed by both the House and the Senate requires that none of the electricity used be paid for by taxpayers. Users will instead pay a fee to cover their electricity and the installation and maintenance of the stations.

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