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OMB Watch Logo
Publications :  The Watcher :  OMB Watcher Vol. 6: 2005 :  September 19, 2005 Vol. 6, No. 19 : 

Acrobat PDF Version

In This Issue

Federal Budget
Katrina Could Cause a Needed Reevaluation of Priorities in Congress
Senate, House Pass First Katrina Tax Cut Package

Information & Access
Take Action Now: Tell EPA to Come Clean on Hurricane Katrina Aftermath
Gag Orders Lifted; FBI Can No Longer Silence Discussion of PATRIOT Act, Judge Says
Right-Wing Groups Challenge Link Between Carcinogens, Cancer

Nonprofit Issues
Nonprofits and Katrina
OMB Watch Urges Charities to Comment on Proposed FEC Rule
Gag Orders Lifted; Judge Tells FBI It Can No Longer Silence Discussion of PATRIOT Act
Justice Department Documents Illustrate Need for More Disclosure on LDA Enforcement

Regulatory Matters
White House Finds in Katrina Recovery 'Opportunity' to Waive Needed Protections
Homeland Security Waives Law for Border Fence Construction
Analysts Split on Meaning of Mercury Vote

Hurricane Katrina and the Aftermath
Letter from Gary Bass on Post-Katrina Progressive Initiative


Letter from Gary Bass on Post-Katrina Progressive Initiative (09/19/2005)


Katrina Could Cause a Needed Reevaluation of Priorities in Congress (09/19/2005)
Hurricane Katrina has shaken up Congress' fall schedule immensely, as its focus has shifted to respond to the immediate needs of the Gulf region utterly devastated by the storm. Congress has passed more than $62 billion in aid, as well as tax and Medicaid packages in order to help victims get back on their feet. This work has caused the postponement of a vote to repeal the estate tax in the Senate and completion of congressional reconciliation tax and spending bills. It is still unclear if this is merely a set-back or the beginning of a more long-term shift in congressional priorities after the hurricane.

Senate, House Pass First Katrina Tax Cut Package (09/19/2005)
Last Thursday, the House and Senate quickly passed separate but similar versions of legislation designed to provide targeted and temporary tax cuts to all those directly impacted by Hurricane Katrina. The two bills, which also provide tax incentives to individuals housing evacuees and for businesses who continue to pay employees or hire displaced workers, each passed unanimously. All signs indicate this bill is not the last tax cut Congress will attempt to pass in order to help Katrina victims as GOP leaders have already eluded to additional "economic stimulus" proposals in the pipeline. Many fear these proposals will amount to little more than a continuation of the traditional conservative tax cut agenda and will not target tax cuts to those affected by the hurricane genuinely in need.

Take Action Now: Tell EPA to Come Clean on Hurricane Katrina Aftermath (09/19/2005)
As we survey the events following the storm, our government's early response can only be viewed as woefully inadequate. The government has employed incomplete testing of the dangers, withheld information from the public about chemicals in the flood waters, and provided misleading information about public safety. The public deserves better from the government it relies on as its first line of protection in a crisis.

Gag Orders Lifted; FBI Can No Longer Silence Discussion of PATRIOT Act, Judge Says (09/19/2005)
In a victory for First Amendment advocates, a federal judge lifted a gag order on a Connecticut library from whom the FBI demanded patrons' records, allowing them to discuss openly their experience and participate in the broader debate about the PATRIOT Act. The judge issued a preliminary injunction against the government, barring it from enforcing gag orders on recipients of certain orders called National Security Letters (NSL), created under the PATRIOT Act.

Right-Wing Groups Challenge Link Between Carcinogens, Cancer (09/19/2005)
Two right-wing, industry-backed groups filed a data quality petition with the U.S. Environmental Protection Agency (EPA) challenging the agency's labeling of certain chemicals as "likely human carcinogens." Specifically, the Washington Legal Foundation (WLF) and the American Council on Health and Science (ACHS) want EPA to eliminate statements in its Guidelines for Carcinogen Risk Assessment that indicate that a substance may properly be labeled as "likely to be carcinogenic to humans" based solely or primarily on the results of animal studies.

Nonprofits and Katrina (09/19/2005)
The nonprofit sector has really stepped up to the plate in responding to the crises left in the wake of Hurricane Katrina. Now the federal government is responding with laws and regulations that will assist nonprofits providing relief in the Gulf Coast.

OMB Watch Urges Charities to Comment on Proposed FEC Rule (09/19/2005)
The ability of nonprofits to use broadcast media for advocacy and to encourage citizen participation in public policy debates could be severely limited by proposed rules meant to regulate federal campaign finance. The Federal Election Commission (FEC) is reviewing rules that exempt unpaid broadcasts and 501(c)(3) organizations from a provision meant to limit campaign attack ads funded with soft money. The review is the result of a court case challenging a host of regulations implementing the Bipartisan Campaign Act of 2002 (BCRA). Charities and religious organizations are encouraged to file comments explaining why grassroots lobbying and genuine issue advocacy should not be regulated as federal election activity.

Gag Orders Lifted; Judge Tells FBI It Can No Longer Silence Discussion of PATRIOT Act (09/19/2005)
In a victory for First Amendment advocates, a federal judge lifted a gag order on a Connecticut library from whom the FBI demanded patrons' records, allowing them to discuss openly their experience and participate in the broader debate about the PATRIOT Act. The judge issued a preliminary injunction against the government, barring it from enforcing gag orders on recipients of certain orders called National Security Letters (NSL), created under the PATRIOT Act.

Justice Department Documents Illustrate Need for More Disclosure on LDA Enforcement (09/19/2005)
The U.S. Department of Justice (DOJ) recently released compliance information for the first time in the 10-year history of the Lobbying Disclosure Act (LDA). The information reveals that it has pursued only 13 violations out of approximately 200 referrals in the past two years. Recent legislation introduced by Reps. Marty Meehan (D-MA) and Rahm Emanuel (D-IL) in the House and Sen. Russ Feingold (D-WI) in the Senate calls for lobbyists to file quarterly lobbying statements and would require disclosure and regulation of grass-roots activity. There is some question whether reform is needed, especially in light of the lack of disclosure and enforcement from the DOJ.

White House Finds in Katrina Recovery 'Opportunity' to Waive Needed Protections (09/19/2005)
Though most government agencies have worked diligently to alleviate the untold burdens on Hurricane Katrina's victims and to expedite recovery in a safe and effective manner, several agencies have taken the opportunity to waive needed protections, thus possibly putting recovery workers and others at greater risk.

Homeland Security Waives Law for Border Fence Construction (09/19/2005)
Apparently taking advantage of media focus on Hurricane Katrina and its aftermath, the Department of Homeland Security (DHS) announced that it is exercising its newly acquired power to waive apparently all law in order to expedite construction of border fencing near San Diego.

Analysts Split on Meaning of Mercury Vote (09/19/2005)
Commentators disagree whether a recent vote on a Senate measure to reject part of the Bush administration's mercury rule should be viewed as a sign of strength or weakness for progressives in environmental fights to come.