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OMB Watch Logo
Publications :  The Watcher :  OMB Watcher Vol. 3: 2002 :  August 5, 2002 Vol. 3 No. 16 : 

Acrobat PDF Version

In This Issue

Federal Budget
Why Federal Budget Rules Matter

Information & Access
Senate Finds Compromise on Information in Homeland Security
FirstGov Folded Into New GSA Office
A Plan of Mismanagement of Information
Section 508 One Year Later
Chemical Plant Security Act Approved in Senate Committee

Nonprofit Issues
FEC Releases Draft Rules on "Issue Advocacy"
Update: Nonprofits Left Out of Corporate Reform Bill

Regulatory Matters
Diesel Rule, Rollback of Power Plant Regs to Move Ahead Despite Congressional Appeals
Maloney Introduces Contractor Accountability Bill


Why Federal Budget Rules Matter (08/05/2002)
As we often try to remember on these pages, the federal budget, which may superficially appear to be merely a convoluted collection of insignificant numbers, is actually the decoder ring to a better understanding of our country’s real priorities -- since not a lot happens to improve a problem without spending money, the federal budget reveals which problems our country’s policy makers are working to improve. Even less understood and farther removed from our daily lives are the intricacies of federal budget rules. These rules, which govern how the House and Senate must work to craft the country’s annual budget, are in place to ensure that sufficient time is given to debating and developing the a course for tackling the nation’s problems.

Senate Finds Compromise on Information in Homeland Security (08/05/2002)
Shortly after the House passed a Homeland Security Act that contained broad restrictive information provisions, the Senators on the Government Affairs Committee reached a compromise on narrower language. The final House provisions included a broad new Freedom of Information Act (FOIA) exemption, with extremely vague definitions, for information voluntarily submitted to the new Department, granted corporations civil immunity, preempted all state and local open records laws, and made it a crime for any federal employee to release such information to the public.

FirstGov Folded Into New GSA Office (08/05/2002)
On July 23, the General Services Administration (GSA) announced the creation of a new Office of Citizen Services and Communications that will incorporate the Office of FirstGov, which oversees the federal government’s web portal, the Information Technology Office and the Intergovernmental Solutions Office. GSA Administrator Stephen Perry promised that the new office will serve as a "single front door to the services and information" the public requires in the medium it prefers.

A Plan of Mismanagement of Information (08/05/2002)
The Government Printing Office (GPO) has operated as the sole clearinghouse and manager of most federal documents for years. The GPO is responsible not only for overseeing the printing of the multitude of documents produced by the federal government each year, much of which is contracted out to private printers, but also for ensuring that the documents are properly archived with federal depository libraries. However a recent order from the Office of Management and Budget (OMB) has instructed all 130 federal departments and agencies using the GPO to arrange their own printing beginning September 1.

Section 508 One Year Later (08/05/2002)
On the first anniversary of the implementation of a key federal law designed to improve technology access for all persons with, and within, federal agencies, questions and concerns about the level of compliance continue to loom.

FEC Releases Draft Rules on "Issue Advocacy" (08/05/2002)
The second set of proposed regulations implementing this year's new campaign finance reform law will focus on "electioneering communications," also known as sham issue ads. At its August 1 meeting, the Federal Election Commission (FEC) released draft rules, which will be published in the Federal Register on August 7. Final regulations are scheduled to be ready by late September, and will become effective the day after this fall's elections. (The "electioneering communications" rules will not apply to the 2002 elections.) The FEC is required to complete all rulemaking proceedings before the end of the year.

The public comment period is extremely short, allowing nonprofits and other affected parties to comment by August 29, unless they wish to testify at the public hearing. In that case comments and the request to testify must be submitted by August 21. The hearing will beheld August 28-29 at the FEC offices in Washington.


Update: Nonprofits Left Out of Corporate Reform Bill (08/05/2002)
Despite being included in the House version of corporate reform legislation, a provision that would require disclosure of corporate ties to nonprofits was not included in the final version that was signed into law. As reported in a previous Watcher, the provision would have required disclosure of contributions by corporations to any nonprofits where a corporate officer or a family member was also an officer.

Versions of this legislation have been introduced repeatedly over the past few years, so it is likely that it will be seen again in the future.

The House version was offered by Rep. John LaFalce (D-NY) after reports that certain nonprofits received beneficial treatment from Enron directors. The Senate had no language requiring disclosure and the final bill had no such language.


Diesel Rule, Rollback of Power Plant Regs to Move Ahead Despite Congressional Appeals (08/05/2002)
The Bush administration last week reaffirmed its commitment to strengthen diesel-engine standards but at the same time to rollback enforcement efforts against aging coal-fired power plants after receiving separate Congressional requests that it reconsider.



Maloney Introduces Contractor Accountability Bill (08/05/2002)
Rep. Carolyn Maloney (D-NY) introduced legislation (H.R. 5292) last week that seeks to ensure federal contractors follow the law by creating a centralized database on actions taken against them, including government lawsuits, consent decrees, and administrative agreements.

Chemical Plant Security Act Approved in Senate Committee (08/05/2002)
On July 25 the Senate Environment and Public Works Committee unanimously approved S. 1602, a substitute version of the bill originally offered by Sen. Jon Corzine (D-NJ) in October 2001, that would require each chemical plant to address its vulnerability to a terrorist attack. Under the bill, plants must submit plans to the Environmental Protection Agency (EPA) showing how they will address their vulnerabilities. As this article points out, chemical plants have many hazards that could be removed to make them safer in the case of an accident or a terrorist attack. This could mean substituting safer chemicals or storing smaller quantities of hazardous chemicals on site. This August 5 Washington Post article points out that there continues to be concern for security at chemical plants and reports that Bush administration officials are pushing for measures very similar to those in the Corzine legislation.