Publications :  The Watcher :  OMB Watcher Vol. 6: 2005 :  July 25, 2005 Vol.6, No.15 : 

In This Issue

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Estate Tax Could See Senate Floor, Despite No Concrete Compromise (07/25/2005)
Although Senate Republicans still lack the 60 votes needed for estate tax repeal, they may schedule a procedural vote, in order to assess where each Senator stands on the issue, according to media reports late last week. The vote would come after weeks of Senate negotiations on possible reform specifics that have yielded little in the way of a compromise.

Updated Status of FY 2006 Appropriations Bills (07/25/2005)


Tax Panel Recommends Alternative Minimum Tax Repeal (07/25/2005)
Although they are not scheduled to submit recommendations to the Treasury for two more months, the nine experts serving on the President's Advisory Panel on Tax Reform publicly announced their first suggestion on reforming the tax code to make it simpler, fairer, and more pro-growth. Following a public meeting last Wednesday, during which reform options were discussed rather than testimony being given by tax experts (as was the case at all previous meetings), the panel announced their recommendation to repeal the alternative minimum tax (AMT). How the federal government will replace the $1.2 trillion the Treasury expects to collect from the tax over the next ten years was not indicated by the panel.

Gov't Biomonitoring Study Highlights Public Exposure to Harmful Chemicals (07/25/2005)
The Center for Disease Control and Prevention (CDC) released its Third National Report on Human Exposure to Environmental Chemicals, the most extensive assessment ever made of the US population's exposure to chemicals in the environment. The July 21 study found troubling levels of toxics, including metals, carcinogens and organic toxics like insecticides, are being absorbed by people around the country.

Stakeholders Weigh In At First-Ever Congressional Hearings on Data Quality Act (07/25/2005)
The Government Reform Subcommittee on Regulatory Affairs held the first congressional hearing on the Information Quality Act, also known as the Data Quality Act (DQA) on July 20. The hearing reviewed implementation of the DQA at three federal agencies, the Environmental Protection Agency (EPA), the US Fish & Wildlife Service (FWS), and the Department of Health & Human Services (HHS). The subcommittee also heard from interested stakeholders, including industry associations that have filed data quality challenges and public interest groups seeking the policy's repeal.

Oregon Industries Escape Public Accountability for 'Toxic Use Reduction' (07/25/2005)
Last month, Oregon lawmakers eliminated a provision in the state's Toxics Use and Hazardous Waste Reduction law that required industries to produce annual reports on 'toxics use reduction.' The annual reporting requirement was replaced with a one-time report on pollution prevention plans, in a move that has shocked and angered state environmental leaders, who pushed to expand, not reduce, reporting on and public access to pollution prevention information.

FEC Loses Campaign Finance Appeal Regarding Non-Profit Election Communication (07/25/2005)
On July 15 the U.S. Court of Appeals for the D.C. Circuit rejected a Federal Election Commission's (FEC) appeal, upholding a lower court decision that invalidated many FEC regulations that were implemented under the Bipartisan Campaign Reform Act of 2002 (BCRA). The FEC must now decide whether to appeal the ruling or write new rules in line with the court's decision. Among the regulations invalidated in the suit are exemptions to the ban on "electioneering communications" for unpaid broadcasts and for 501(c)(3) organizations. The 501(c)(3) exemption is on the FEC's rulemaking calendar for consideration, but no date has been set. In the meantime, the exemptions remain in effect as the result of a stay.

Extent, But Not Details, of FBI Spying on Nonprofit Groups Revealed (07/25/2005)
Recent filings in a lawsuit against the Federal Bureau of Investigation (FBI) by the American Civil Liberties Union (ACLU) and other nonprofits expose FBI use of counterterrorism task forces to monitor and investigate the activities of groups that have vocally opposed Bush administration policies. The suit, brought under the Freedom of Information Act (FOIA), seeks expedited processing of the ACLU's request for records on surveillance of nonprofit groups and information about the structure and funding of the FBI's Joint Terrorism Task Force program. The Justice Department, representing the FBI, says it needs up to a year to process the FOIA request.

IRS, FEC Dismiss Complaints Against Falwell Groups (07/25/2005)
Nonprofits associated with the influential fundamentalist preacher, the Rev. Jerry Falwell, accused of violating both Internal Revenue Service (IRS) and Federal Election Commission (FEC) rules have been cleared of wrongdoing. The first complaints, filed by the Campaign Legal Center, claimed an endorsement of President Bush in a newsletter on the Falwell Ministries website during the 2004 campaign violated both tax and election laws. The second, filed by Americans United for Separation for Church and State (AU), alleged a seminary violated an IRS prohibition on partisan activity when Falwell endorsed Bush during a pre-election speech there. AU also filed a complaint with the IRS over the Falwell Confidential endorsement. Neither agency has made its findings public, and details of the agencies’ decision-making remain sketchy.

Feingold Introduces Changes to Lobbying Disclosure Bill, but Passage Unlikely This Year (07/25/2005)
On July 14, Sen. Russ Feingold (D-WI), introduced the "Lobbying and Ethics Reform Act of 2005" (S. 1398), a bill that amends the Lobbying Disclosure Act (LDA) to require more extensive reporting for lobbying firms and nonprofits. The bill would increase grassroots and coalition lobbying disclosure requirements, curb privately funded travel by members of Congress, and strengthen enforcement and oversight of ethics and lobbying disclosure rules by the Senate Clerk's office.

Legislative Update: Bills to Watch (07/25/2005)
The following is an update on bills introduced so far in the 109th Congress that could affect regulatory policy in the public interest.

Administration Withholds Rationales Behind Anti-Regulatory Hit List (07/25/2005)
The Bush administration is refusing to inform the public about the justifications for deciding which regulatory protections were added to its hit list of safeguards to be weakened or eliminated.

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