Publications :  The Watcher :  OMB Watcher Vol. 6: 2005 :  February 22, 2005 Vol.6, No.4 : 

In This Issue

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Negative Reactions to Budget Come from Both Sides of the Aisle (02/22/2005)
President Bush’s release of his budget proposal on Feb. 7 confirmed widespread speculation that its contents would prove unfavorable for a number of important agencies and social programs. The president stated many times in the weeks leading up to the budget release that his proposal for fiscal year 2006 (FY 06) would be “tough.” In a bold effort to cut our national deficit in half — the same deficit which is mostly the result of his costly tax policies — Bush proposed slicing and dicing funding for many domestic programs, which would result in the termination of some.

‘Slow Down’ Is the Bipartisan Buzz for Social Security (02/22/2005)
As President Bush continues his efforts to raise anxiety across the country about the Social Security program, more and more members of Congress, both Democrat and Republican, are starting to speak uniformly on the need for patience in working towards a solution. Even House Speaker Dennis Hastert (R-IL) and Federal Reserve Board Chairman Alan Greenspan urged caution and called for further debate in approaching Social Security reform this past week.

How Do You Measure Program Results? (02/22/2005)
For more than five years, the Bush administration has focused a good portion of its rhetoric on performance, accountability and results. To that end, in 2001, the Office of Management and Budget (OMB) began to develop a mechanism called the Program Assessment Rating Tool (PART) to help budget examiners and federal managers measure the effectiveness of government programs.

Cornyn-Leahy Bipartisan Bill Would Strengthen FOIA (02/22/2005)
In perhaps one of the most significant moves to advance openness and accountability within the federal government in the last decade, Sens. John Cornyn (R-TX) and Patrick Leahy (D-VT) introduced bipartisan legislation to strengthen the public’s hand in obtaining information from federal agencies under the Freedom of Information Act (FOIA).

Nuclear Commission Expands Secrecy Provisions (02/22/2005)
The Nuclear Regulatory Commission (NRC) is proposing to expand the amount of information that can be withheld from the public as Safeguards Information (SGI). The new rule would amend existing SGI regulations to cover more types of information by inserting language and adding a new category of covered information — Safeguards Information-Modified Handling (SGI-M).

DHS Finally Speaks on CII (02/22/2005)
Almost a full year ago OMB Watch filed a request, under the Freedom of Information Act, to the Department of Homeland Security (DHS) for information on their Critical Infrastructure Information (CII) program. The request sought an accounting of how the program was used thus far including the number of submissions, rejections, and communications, as well as program procedures for handling information. Unfortunately, DHS was not very prompt with answers. In fact, it took a summons filed in the DC Circuit Court to get even a few pieces of basic information about the CII program.

Industry Challenges D.C. Ban on Hazmat Rerouting (02/22/2005)
The rail company banned from shipping hazardous cargo through the nation’s capital has filed a suit to overturn the emergency legislation that was enacted earlier this month. The local law bans rail shipments of hazardous cargo from a 2.2-mile radius around the U.S.

FCC Requests Exemption in Open Meetings Law (02/22/2005)
The Federal Communications Commission (FCC) recently sent a letter to the Senate Committee on Commerce, Science and Transportation requesting an exemption from the open meeting requirements of the Government in Sunshine Act.

Bill Proposes Taking Peer Review Away from OMB (02/22/2005)
Reps. Henry Waxman (D-CA), ranking member of the House Government Reform Committee, and Bart Gordon (D-TN), ranking member of the House Science Committee, introduced the Restore Scientific Integrity to Federal Research and Policymaking Act (H.R. 839) Feb. 16, which would move authority for federal peer review standards away from the Office of Management and Budget (OMB).

Iowa Supreme Court Rules Government Cannot Contract to Avoid Disclosure (02/22/2005)
The Iowa Supreme Court ruled that the fundraising organization hired by the state’s three universities must open their records to the public. The court reasoned that the Iowa State University Foundation “is performing a government function, and therefore its records are subject to disclosure.” The ruling sets an important precedent that a government agency may not avoid its disclosure obligations by contracting out the collection and management of information.

Fish and Wildlife Scientists Oppose Political Interference (02/22/2005)
A recent survey of scientists at the U.S. Fish and Wildlife Service (USFWS) conducted by the Union of Concerned Scientists (UCS) and Public Employees for Environmental Responsibility (PEER) revealed a disturbing amount of political interference in scientific activities at the agency.

Missouri Proposes Ignoring ‘Annoying’ FOIA Requests (02/22/2005)
On Jan. 31, state Rep. Shannon Cooper (R-Clinton) introduced a bill in the Missouri House of Representatives that would modify Missouri’s Sunshine Law to allow a public governmental body to refuse any “vexatious” requests for documents. This bill would allow state agencies to reject any requests for information deemed annoying or frivolous. Unfortunately, a few other states have similar provisions in their sunshine laws.

CFC Cites Treasury Guidelines to Justify Anti-Terror List Requirement (02/22/2005)
The Combined Federal Campaign (CFC) has filed a motion to dismiss a lawsuit challenging its requirement that participating charities check employee names against two government terrorist watch lists. The CFC motion claims the Treasury Department's Voluntary Anti-Terrorist Financing Guidelines as authority and cites activities by private foundations as justification for its actions. These guidelines have been widely criticized and are currently under review by Treasury. The motion provides plaintiffs with partial victory in the suit by stating CFC's intention of conducting a formal rulemaking on the list-checking requirement, giving the public an opportunity to comment. The background information in the motion reveals that the current list-checking rule was developed in a closed process with a coalition representing some of the largest CFC participating charities.

Inspector General Reports on IRS Review of Charities' Partisan Activity (02/22/2005)
The Treasury Inspector General for Tax Administration (TIGTA) has published its evaluation of the Internal Revenue Service’s (IRS) process for reviewing referrals alleging illegal political campaign intervention by charities. It describes the process used in detail, and said it found no indications that the random sample of cases it reviewed were handled inappropriately. The IRS requested the review after its audit of the National Association for the Advancement of Colored People (NAACP), announced shortly before the election, raised questions about political motivation. The review did not specify whether the NAACP was included in the random sample of cases it reviewed.

Grant Made to Politically Connected Group with Negative Rating (02/22/2005)
A politically well connected organization that promotes abstinence education received a major federal grant last fall under the president’s AIDS program despite its proposal having been rated “not suitable for funding” by an independent review panel. A Feb. 15 letter from Rep. Henry Waxman (D-CA) to Randall L. Tobias, head of the President’s Emergency Plan for AIDS Relief (PEPFAR), made public Waxman’s repeated requests for basic information on the administration of PEPFAR and demanded information on the unusual grant.

Federal Agency Censors Conference Workshop Title, Then Recants (02/22/2005)
A federal agency’s attempt to remove the words “gay,” “lesbian,” “bisexual” and “transgender” from the title of a talk given at a federally funded suicide prevention conference is drawing ire from scores of mental health experts and the GLBT community.

Study Looks at Independent 527s in 2004 Election (02/22/2005)
The Campaign Finance Institute has published a draft chapter of its upcoming book, Election After Reform: Money, Politics and the Bipartisan Campaign Reform Act, that examines the role of independent 527 groups in the 2004 election. It finds these groups did not replace party soft money, since overall levels of soft money went down in 2004. It also said independent groups overall were “scrupulous” in following the law banning coordination with candidates and parties. The study poses questions that should be carefully examined before Congress moves to regulate this independent political activity.

Faith-Based Roundup (02/22/2005)
On Feb. 16, the House Committee on Education and the Workforce approved a job-training bill that would allow, if it passes, federally funded religious organizations to discriminate against employees based on their religious beliefs. The committee also rejected an amendment that would have remedied the constitutional concerns.

Emperor Bush? (02/22/2005)

How the White House and Congress Are Establishing an Imperial Presidency

Analyses of pending and expected antiregulatory proposals have revealed the usual themes from years past � net benefits, regulatory budgeting, sunsets, and so on. An unexpected theme has also been emerging, which is worth noting for anyone committed to a progressive vision of an open, accountable government responsive to public needs: a trend in favor of concentrating power in the White House free of democratic accountability. In short, the creation of an imperial presidency.

Budget Slashes Enforcement at FDA, EPA (02/22/2005)
The White House�s fiscal year 2006 budget submission will mean big cuts in food and drug safety inspection as well as state enforcement of environmental protections.

FDA Announces Drug Safety Oversight Board (02/22/2005)
The Food and Drug Administration (FDA) plans to initiate an independent oversight board to handle drug safety issues, but some lawmakers and consumer groups say the new panel lacks teeth.

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