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OMB Watch Logo
Publications :  The Watcher :  OMB Watcher Vol. 7: 2006 :  March 7, 2006 Vol. 7, No. 5 : 

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In This Issue

Federal Budget
New PART Scores Showcase More Contradictions of Program
President Restarts Push for Line-Item Veto
Senate Rules Committee Passes Process Reforms

Information & Access
Agencies Mislead the Public on Katrina
First Official Congressional Forum for TRI
Reclassification Run Amok
NSA Spying Program on Trial
Little Progress on Chemical Security

Nonprofit Issues
Lobby Reform: Two Bills Move to Senate Floor, Still No Bill from House
Treasury Shuts Down Muslim Charity
HHS Gives Guidance on Keeping Federal Funds Out of Religious Programs
Report, Announcement on IRS Program to Curb Partisan Activity by Charities, Religious Groups

Regulatory Matters
Hearing Highlights Confusion Caused by "Legalese" in Regulation

March 7, 2006 Vol. 7, No. 5
Letter from Gary Bass: OMB Watch Board Changes


Letter from Gary Bass: OMB Watch Board Changes (03/07/2006)
After 18 remarkable years as chair of OMB Watch's board, Mark Rosenman recently stepped down as chair (although, to our relief, will remain on the board). Fellow board member Paul Marchand, a leader in the disability community and director of The Arc and United Cerebral Palsy Disability Policy Collaboration, has taken over where Mark left off, assuming the role of board chair last month. The transition has been a smooth one, and OMB Watch has not missed a beat.

Agencies Mislead the Public on Katrina (03/07/2006)
State and federal government officials are misleading the public about potential health hazards from toxic contamination in New Orleans, according to a Feb. 23 report by the Natural Resources Defense Council (NRDC). Hurricane Katrina's winds and floodwaters released heavy metals and other industrial byproducts throughout the area, according to the report. These hazardous materials then deposited in homes, yards, and schools across the region, in what is now a cracked layer of toxic muck. The Environmental Protection Agency (EPA) and Louisiana Department of Environmental Quality (LDEQ), however, state that contamination levels in the city pose no "unacceptable" health risks -- a statement disputed by the NRDC report using EPA's own data.

First Official Congressional Forum for TRI (03/07/2006)
A briefing for House congressional staff held on Feb. 23 to inform Congress about the dangers of the U.S. Environmental Protection Agency (EPA) proposals to reduce Toxics Release Inventory (TRI) chemical reporting was the first official forum of its kind. Staff from more than 30 offices heard from a diverse panel of experts on how the changes that EPA is proposing would undermine first responder readiness, harm worker safety, interfere with state programs and hinder cancer research. The briefing was sponsored by Reps. Stephen Lunch (D-MA), Frank Pallone (D-NJ), Luis Gutierrez (D-IL), and Hilda Solis (D-CA).

Reclassification Run Amok (03/07/2006)
Following sharp criticism from a number of historians and national security experts, the National Archives has issue a moratorium on a massive reclassification program that came to light recently. Since the late 1990s, government agencies have been removing declassified documents from the shelves of the National Archives and considering them for reclassification. Since many of the documents are publicly available--some have even been publicly published by the State Department and are for sale at Amazon.com-- historians and national security experts questioned justifications for reclassifying the documents.

NSA Spying Program on Trial (03/07/2006)
Concerns over the warrantless domestic spying program by the National Security Agency (NSA) have not gone away. Congressional hearings continue and expand as legal actions begin.

Little Progress on Chemical Security (03/07/2006)
The Government Accountability Office (GAO) concluded recently that, while some progress has been made on chemical security, hurdles and delays remain, including a lack of clear authority for the Department of Homeland Security (DHS) to establish requirements for chemical facilities. The GAO reported its findings in a report released Feb. 27 on the current status of chemical security at DHS. The GAO also found DHS resistant to involving the U.S. Environmental Protection Agency (EPA) in a review of inherently safer technologies that might reduce risks posed by chemical plants.

Hearing Highlights Confusion Caused by "Legalese" in Regulation (03/07/2006)
Writing regulations in a way that is clear and easy to understand will save the government, taxpayers and regulated communities time and money, according to witnesses testifying on Mar. 1 before the House Government Reform Committee's Subcommittee on Regulatory Affairs.

Lobby Reform: Two Bills Move to Senate Floor, Still No Bill from House (03/07/2006)
Just days after Rep. Randy "Duke" Cunningham (R-CA) was sent to jail on bribery charges, the Senate is debating new ethics and lobbying rules, while the House ponders its next move. The Senate will likely vote on legislation this week or next week.

Treasury Shuts Down Muslim Charity (03/07/2006)
On Feb. 19 the Treasury Department froze the assets of KindHearts USA, padlocking the doors of the Toledo-based charity "pending an investigation." The Treasury Department claims the group has connections to Hamas, but KindHearts officials vigorously denied the allegations. The official closure of KindHearts makes it unlawful for U.S. citizens, businesses, and organizations to carry out transactions with the organization. In response, a coalition of Muslim groups sent a letter to Treasury Department Secretary John Snowe on Feb. 28 requesting a meeting to discuss "the continued targeting of Muslim charities without due process of law."

HHS Gives Guidance on Keeping Federal Funds Out of Religious Programs (03/07/2006)
Settling a lawsuit filed by the American Civil Liberties Union (ACLU), the U.S. Department of Health and Human Services (HHS) has agreed to suspend funding of a nonprofit accused of using taxpayer dollars to present religious messages in a federally-funded sexual abstinence program.

Report, Announcement on IRS Program to Curb Partisan Activity by Charities, Religious Groups (03/07/2006)
On Feb. 24 the Internal Revenue Service (IRS) released its much-anticipated assessment of its program created in 2004 to enforce the ban on partisan election activity by charities and religious organizations. The report found that nearly 75 percent of organizations investigated had violated the ban. At the same time, the agency released guidance that includes detailed examples based on the types of situations that led to investigations in 2004. While continuing to expand its educational efforts, the IRS also announced it will step up enforcement for the 2006 election cycle, releasing new procedures for expedited handling of referrals alleging violations, in an effort to end any ongoing violations.

New PART Scores Showcase More Contradictions of Program (03/07/2006)
The president's recent budget, released in early February, contained another round of federal program assessments produced by the Office of Management and Budget using the administration's Program Assessment Rating Tool (PART). As in past years, this new round of PART scores and associated budget requests call into question the value and purpose of PART ratings, which appear to have little logical and no discernable link to budget requests.

President Restarts Push for Line-Item Veto (03/07/2006)
In his State of the Union address, President Bush once again proposed the line-item veto to Congress as a way to reduce deficit spending. While Bush is touting this "tool of fiscal discipline," in reality unchecked use of the line-item veto by the president would transfer significant power and control from the legislative to the executive branch and effectively allow the president to substitute his spending priorities directly for that of Congress.

Senate Rules Committee Passes Process Reforms (03/07/2006)
Last week, the Senate Rules Committee and the Homeland Security and Government Affairs Committee marked up separate versions of lobbying and congressional ethics reform bills, starting the ball rolling in the Senate on reform after the scandals surrounding former lobbyist Jack Abramoff and former Rep. Duke Cunningham (R-CA). The two bills are expected to be combined. The resulting bill will likely seek to increasing transparency around the earmarking process; further restrict practices that lead to abuses of power in conference committees; and allow outside advocates and citizens to more easily track decision-making throughout the budget process.