Publications :  The Watcher :  OMB Watcher Vol. 5: 2004 :  September 20, 2004 Vol.5, No.19 : 

In This Issue

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Appropriators Continue Slow Pace (09/21/2004)
With much of the appropriations work still left to do, the Congress has been creeping along with their annual appropriations work. To date, only two of the 13 bills have made it to conference. The likelihood of an omnibus bill, a lame duck session, and/or a continuing resolution seems to be growing.

Economy and Jobs Watch: Cyclically Adjusted Deficit Reaches Record High (09/21/2004)
The cyclically adjusted deficit -- that is, the deficit adjusted to remove economic fluctuations -- reached an all-time high of $374 billion in 2004 according to a new report by the Congressional Budget Office. As a share of the overall economy, the cyclically adjusted deficit at 3.2 percent of GDP is at its highest levels since the early 1990's -- and has been exceeded in only 7 of the last 42 years (see chart below.)

Return of a 'CYA' Budget Policy (09/21/2004)
The long-ago defeated proposal for a balanced budget constitutional amendment is rearing its ugly head once again. Unable to pass a budget this year and having created near-record deficits, some members of the House are desperate to create the appearance of being fiscally responsible, and are considering bringing up a vote on the measure (H. J. RES. 22).

Congress Defies White House, Saves Overtime for Millions (09/21/2004)
Both the Senate Appropriations Committee and the House of Representatives have defied a White House veto threat and voted to save overtime rights for millions of workers.

Congressional Report Cites Growing Bush Secrecy (09/21/2004)
Rep. Henry Waxman (D-CA) released a report last week detailing the vast expansion of secrecy and restrictions in public access to government information under the Bush administration. The Special Investigations Division of the House Government Reform Committee's minority staff prepared the report, "Secrecy in the Bush Administration," for Waxman.

Waxman Introduces Open Government Bill (09/21/2004)
Open government advocates, who have suffered for years in defensive efforts to hold back a rising tide of secrecy, just got something to cheer about. Rep. Henry Waxman (D-CA) introduced a bill last week to make it easier for citizens to challenge agency denials under the Freedom of Information Act (FOIA) in court. The legislation would also reverse several policies and practices tied most closely to the Bush administration that undermine open government.

Study Finds Nuclear Facilities Vulnerable to Attack (09/21/2004)
Access to information on nuclear security has been hard to come by, but some information has been surfacing that raises concerns about the security of America's nuclear power plants. Since 9/11, nuclear reactors and chemical plants have received considerable attention with critics calling for stronger government requirements and oversight to better ensure the safety of neighboring communities.

Homeland Security Whistleblowers Work Together (09/21/2004)
Homeland security whistleblowers recently joined together in two different efforts. One group of whistleblowers issued a memo calling upon other government officials to come forward with information on mismanagement and deception. Another group released a letter criticizing the 9/11 commission's report for not attaching accountability to specific individuals.

Health Effects and Misinformation Drive 9/11 Suit (09/21/2004)
Leaseholders of the World Trader Center now face a suit from recovery workers, after hundreds of thousands of people were exposed to toxics immediately after the 9/11 attacks. This comes at the same time that a report reveals the government has not monitored or studied people suffering adverse health effects from 9/11.

Audit of Sensitive Security Information Requested (09/21/2004)
The Government Accountability Office (GAO) received a request from two House members last week, asking for an investigation into the Department of Homeland Security's (DHS) use of the "sensitive security information" (SSI) provisions. SSI receives protected status, which shields it from public disclosure.

Data Quality Act Progresses in the Courts (09/21/2004)
The debate over whether the Data Quality Act (DQA) is judicially reviewable might be getting closer to an end. The federal judge reviewing an industry DQA lawsuit questioned whether the statutory language provides for such review during oral arguments Sept. 3.

House Resolution on Energy Task Force Fails (09/21/2004)
The House Energy and Commerce Committee rejected a resolution last Wednesday that would have sought information on Vice President Dick Cheney's energy task force. The resolution sparked a rowdy and highly partisan committee session in which no debate was allowed before the vote.

Highlights from the Right to Know Resource Center (09/21/2004)
Homeland security is the hot issue of the day. So what could be better than to highlight in one place the many resources and groups working to represent the public's interests in homeland security debates? The Right to Know Resource Center, coordinated by OMB Watch for OpenTheGovernment.org, introduces the many facets of homeland security policies, explains the impacts on efforts to undermine the Freedom of Information Act and summarizes restrictions on the free flow of information in our open society that give the biggest opportunities for abuse.

Nonprofits Needed to Help Fill Poll Worker Shortage (09/21/2004)
Low turnout among young voters is often ascribed to apathy, but part of the problem is the barriers young people face when casting ballots or trying to work at the polls. Nonprofits can help remove these barriers.

Independent Political Committees Controversy Hits Courts (09/21/2004)
The Bush campaign lost the first round of a legal bid to force the Federal Election Commission (FEC) to act on a complaint it filed against political committees opposing his re-election, but attorneys for the campaign promised to pursue the issue. Meanwhile, the House sponsors of campaign finance reform legislation filed suit against the FEC seeking stricter rules regulating political committees.

Tax Bill May Include Church Electioneering and Charity Tax Provisions (09/21/2004)
While House and Senate negotiators are beginning to advance must-pass export tax repeal legislation (H.R. 4520, S. 1637 ), some lawmakers are beating down doors to slip legislation harmful to nonprofits into the bill by the backdoor -- a bill that would allow church electioneering.

Courts Rule on Nonprofits Electioneering Communications (09/21/2004)
Federal Election Commission (FEC) regulations have come under scrutiny lately as the U.S. District Court for the District of Columbia and the Supreme Court have ruled on lawsuits regarding electioneering communications. These actions have implications for nonprofits.

Bush Expands Faith-Based Initiative to Vouchers, State Control (09/21/2004)
In an effort to further weaken the wall separating church and state, President Bush is seeking to expand his faith-based initiative to the state and local levels. He is pushing state and local governments to adopt rules and policies similar to federal regulations that favor faith-based groups in government-funded programs.

Report Discovers 'Pattern of Failure' to Serve Public (09/21/2004)
OMB Watch's new report, The Bush Regulatory Record: A Pattern of Failure, analyzes the last year of federal regulatory activity for four key agencies charged with serving the public interest and places its findings in a broader four-year context.

OMB Watch Launches Regulatory Weblog (09/21/2004)
OMB Watch is pleased to announce the launch of RegWatch, its new blog (short for "weblog") to track regulatory issues. Bookmark it at www.ombwatch.org/regwatch.

House Committee, Journals Call for More Clinical Trial Data (09/21/2004)
Members of the House Energy and Commerce Committee blasted the Food and Drug Administration (FDA) last week for urging drug companies to withhold information on the efficacy of antidepressants used on children. The controversy comes just as patient advocacy groups, the American Medical Association, and a dozen medical journal editors are calling on pharmaceutical companies to register their clinical trials in order to meet increasing public demand for information on the effectiveness and safety of drugs.

Congress Defies White House, Saves Overtime for Millions (09/21/2004)
Both the Senate Appropriations Committee and the House of Representatives have defied a White House veto threat and voted to save overtime rights for millions of workers. Full story.

OSHA Sets Ergonomics Guidelines for Poultry Workers (09/21/2004)
The Occupational Safety and Health Administration (OSHA) released their voluntary ergonomics guidelines for the poultry industry without fanfare on Sept. 2.

NHTSA Finally Issues Long-Delayed Tire Pressure Rule (09/21/2004)
The National Highway Traffic Safety Administration (NHTSA) issued a proposed rule Sept. 16 for requiring tire pressure monitoring systems. The ruling came a full year after its first attempt at a rule was overturned by a federal court, and two months after Public Citizen returned to that same court seeking an order compelling NHTSA to stop delaying and issue a rule.

Nuclear Commission Avoids Accountability in Secret Rule Change (09/21/2004)
The Nuclear Regulatory Commission illegally issued new orders, without opportunity for public participation, that secretly change terrorism preparedness requirements for nuclear facilities, according to a challenge filed by two citizen groups and recently argued in a federal appeals court.

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