Publications :  The Watcher :  OMB Watcher Vol. 5: 2004 :  December 1, 2004 Vol.5, No.24 : 

In This Issue

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Congress Delays Spending Bill, Tackles Tax Return Provision (11/30/2004)
Although it was widely believed Congress would pass and the President would sign the $388 billion omnibus spending bill before Thanksgiving, it appears now the must-pass legislation will remain on hold until Dec. 6 when Congress will reconvene for a second lame-duck session to work on its passage. The bill, H.R. 4818, includes the nine remaining appropriations bills Congress left unfinished when the fiscal year ended, as well as numerous other riders and provisions.

Congress Raises Debt Limit, Fails To Pass Intelligence Bill (11/30/2004)
While members of Congress were unable to complete work on the omnibus spending bill or the intelligence bill during the lame-duck session, they did manage to complete their work on the debt limit.

White House Rejects Overtime Rules Amendments (11/30/2004)
In both versions of the FY 2005 Labor-HHS spending bill, the House and Senate approved amendments intended to block the White House from implementing new and harmful overtime rules. Those amendments, sponsored by Rep. David Obey (D-WI) and Sen. Tom Harkin (D-IA), would have reinstated old overtime eligibility rules for some workers, and were seen as a major victory for labor.

EPA Releases Early TRI Data, Usability Limited (11/30/2004)
On Nov. 23, the Environmental Protection Agency (EPA) began early access to the 2003 Toxics Release Inventory (TRI), but in a limited manner. This early release is seven months faster than last year's release. While this earlier access represents a step in the right direction, the data format significantly limits its use. Additionally, EPA will not make the underlying data available to the public at this time.

Court Dismisses First Data Quality Act Case (11/30/2004)
In the first Data Quality Act case to be handled by the courts, a U.S. District Court has ruled that challenges under the DQA and its subsequent guidelines to agencies are not judicially reviewable. A previous court decision addressed the issue of reviewability, but the legal claim in that case was not limited to data quality.

CSX Refuses to Disclose Hazardous Waste Re-Routing (11/30/2004)
Rail companies that operate in and around Washington, DC, refuse to reveal whether or not hazardous chemicals are being re-routed around the city. Rail companies may be voluntarily re-routing trains, but the public will not be informed.

Jersey to Withhold Hazardous Waste Records (11/30/2004)
A proposed rule in New Jersey would keep important health and safety information secret, possibly endangering residents that live near chemical plants, or workers that are employed at a number of different facilities.

Committee Releases Clarke's Declassified Testimony (11/30/2004)
The Senate Committee on Intelligence Chairman Pat Roberts (R-KS) finally released declassified testimony from former White House Counterterrorism Chief Richard Clarke regarding the 9/11 investigation. As reported in a previous OMB Watcher article, Roberts refused to release the testimony publicly, even though officials declassified it earlier this year. The testimony gained attention after critics asserted that Clarke made statements this past March regarding pre-9/11 intelligence that conflicted with the earlier testimony.

Intelligence Bill Erodes Right To Know (11/30/2004)
When House Speaker Dennis Hastert (R-IL) refused to bring the intelligence reform bill to a vote because Republicans in the House of Representatives opposed it, some open government advocates breathed a sigh of relief. As the bill moved through Congress, lawmakers dropped or severely limited the 9/11 Commission's recommendations to strengthen openness throughout the federal government.

FEC Schedules New Rulemaking in 2005 (11/30/2004)
Beginning in January 2005 the Federal Election Commission (FEC) will begin an intense seven-month series of proceedings to amend rules implementing the Bipartisan Campaign Reform Act of 2002 (BCRA) rejected by a federal court this fall, and take up new issues generated by this year's election. Among those with greatest impact on nonprofits will be expansion of regulation into Internet communications, reconsideration of the electioneering communications exemption for 501(c)(3) groups and party donations to nonprofits.

IRS Initiates Pay, Reporting Enforcement Effort (11/30/2004)
As part of a stepped-up enforcement effort, the Internal Revenue Service Exempt Organizations division (EO) is sending letters to approximately 2,000 charities asking them to detail their method of determining executive compensation. EO Director Martha Sullivan estimates 25 percent of organizations receiving the letter will be examined further.

OMB Watch Launches Advocacy Blog (11/30/2004)
OMB Watch's nonprofit advocacy project is pleased to announce the launch of its new "Advocacy Blog". "Weblog," and "blog," are popular terms to denote a website (or a portion of a website) that contains short, frequent posts and Web links. The entries are usually sorted in reverse chronological order and archived by category and date. OMB Watch's new blog will cover a wide range of nonprofit issues, and will be updated throughout the week by OMB Watch staff. We are confident you will find it a valuable resource.

Court Narrows Faith-Based Suit (11/30/2004)
A law suit claiming sweeping constitutional problems with the Bush administration's faith-based initiative has been largely defanged by a court's decision that the plaintiff does not have standing to file the suit. The dismissal of all but a small portion of a lawsuit means the merits of the case remain undecided in the courts.

CFC Issues Terror List Check Guidance (11/30/2004)
After months of silence the Combined Federal Campaign has issued guidance on how charities participating in this workplace-giving program for federal employees should implement its requirement that they certify they do not knowingly employ persons on various government terrorist watch lists. The CFC Memorandum 2004-12 provides background information and clarification, but does not change the interpretation that led a dozen nonprofits to file suit to block the policy.

Post Election Analysis of 527s, Other Issues Begins (11/30/2004)
Now that the first election since passage of the Bipartisan Campaign Reform Act of 2002 (BCRA) is over, analysis of its impact on campaigns, parties, donors and independent groups is underway. Overall, there was a huge increase in the number of small donors to both campaigns and independent groups and elimination of soft money donations to parties and federal candidates. While much more needs to be learned before further reform efforts go forward, initial reports provide an indication of long-term trends.

Activists Assess Needs, Trends for 'Progressive Politics and Technology' (11/30/2004)
Collaboration, innovation and integration -- those were the keys to advancement for progressive advocacy groups during the recent electoral season, according to presenters at the November "Roundtable on Progressive Politics and Technology." These will no doubt remain key watchwords for progressives as they strive to keep up with evolving technologies, and use them to make their outreach strategies, programs and messaging more effective in the years ahead.

NAS Biases Panel With Industry Interests (11/30/2004)
The National Academies biased a panel to study the risks from disposing coal wastes in abandoned mines by appointing six members with ties to the mining, coal, and electric utility industries, of whom two have subsequently stepped down after criticism from public interest groups.

Graham Defiant in Hearing, Dems Probe Mercury Rule (11/30/2004)
The last regulatory policy hearing of a House Government Reform subcommittee was split into two disconnected halves, as committee Republicans considered the White House's policy of inviting industry to suggest rollbacks of regulatory protections while Democrats assailed the Environmental Protection Agency's pending rulemaking for mercury pollution.

Critics Diagnose Systemic Maladies of FDA (11/30/2004)
A Senate Finance Committee hearing on Vioxx and a series of studies by a leading medical journal reveal systematic breakdowns in FDA's evaluation of drug safety, prompting advocates to call for an independent agency to review drug safety.

Reg Round-Up (11/30/2004)
How to stay on top of appointments news and rumors • Learn about the mad cow scare — and the unaddressed weaknesses in safeguards against mad cow disease • EPA rollback killing children • And more news briefs and alerts!

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