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OMB Watch Logo
Publications :  The Watcher :  OMB Watcher Vol. 4: 2003 :  December 15, 2003 Vol.4 No.25 : 

Acrobat PDF Version

In This Issue

Federal Budget
The Omnibus Spending Bill and the Budget Process
A Call to Action! A Long-Term Tax and Budget Plan
The Bush Tax
Economy and Jobs Watch: Employment and Output Data

Information & Access
OMB Watch Submits Comments on Peer Review Today
States File FOIA Request for Clean Air Act Information
Another Lawsuit Filed Under the Data Quality Act
Missouri and Kansas Proposing New Sunshine Law Exemptions
Meet and Comment on EPA's Draft Report on the Environment
Documents Destroyed in Terrorism Case

Nonprofit Issues
In Honor of Bill of Rights Day: A look at the First Amendment
IRS Says E-Filing for Form 990 Ready for 2004 Filing Season
IRS Must Disclose Determinations of Tax-Exempt Status
OMB Watch Asks OMB To Deny HHS Request to Survey Head Start Grantees
Istook Strikes Back - Another Attack on Nonprofit Speech
Update on Faith-Based Initiative
Rep. Serrano Urges Congress to Drop Restriction on Legal Services
GAO Issues Report on Terrorist Financing

Regulatory Matters
Bush Administration to Ease Mercury Controls
Enforcement of Environmental Laws Lagging Under Bush Administration
Administration Eases Rules for Endangered Species Consultation for Forest Projects


The Omnibus Spending Bill and the Budget Process (12/15/2003)
The omnibus appropriations legislation is still pending. While most of the criticism about the bill has focused on the amount of "pork" it contains, the real problem is the seriously flawed budget process it reflects.

A Call to Action! A Long-Term Tax and Budget Plan (12/15/2003)
Help the national economy by working with others to develop a long-term plan on budget and tax issues.

The Bush Tax (12/15/2003)
While much has been made of 2001 and 2003 tax legislation, much less attention has been paid to the hidden “Bush Tax.”

Economy and Jobs Watch: Employment and Output Data (12/15/2003)
Get to know your data: The employment survey and GDP revisions.

OMB Watch Submits Comments on Peer Review Today (12/15/2003)
OMB Watch filed comments with Office of Management and Budget (OMB) today on its draft bulletin for peer review. Public interests groups, academics, and regulators were all concerned with the bulletin because it could severely hamper agencies by creating burdensome peer review requirements that are too vulnerable to industry manipulation. Most federal agencies currently have peer review guidelines that function well. While the deadline for public comments ends today, federal agencies may continue to submit comments on the draft bulletin until Jan. 15.

To read OMB Watch's comments click here.


States File FOIA Request for Clean Air Act Information (12/15/2003)
Several states and the District of Columbia filed Freedom of Information Act requests Dec. 4 with the Environmental Protection Agency (EPA), Department of Energy, and the White House Council on Environmental Quality in order to obtain information about proposed changes to the Clean Air Act. The requests are part of a larger lawsuit aiming to overturn the recent rollback of New Source Review standards that would significantly increase pollution from power plants and other facilities.

Another Lawsuit Filed Under the Data Quality Act (12/15/2003)
The Public Employees for Environmental Responsibility (PEER) filed a lawsuit Dec. 9 against the Army Corp of Engineers alleging the Corp released a status report that violates the Data Quality Act. The Corp failed to respond to a request for correction under the Department of Defense’s data quality guidelines filed by PEER on Aug. 20.

Missouri and Kansas Proposing New Sunshine Law Exemptions (12/15/2003)
Officials in both Missouri and Kansas are pushing for exemptions under state sunshine laws that would restrict public access to information. Both measures would counter recent efforts in the states to improve access laws.

In Honor of Bill of Rights Day: A look at the First Amendment (12/15/2003)
On this day, December 15, National Bill of Rights Day, OMB Watch would like to pay tribute to our nation’s First Amendment. This 45-word phrase, drafted by James Madison more than 210 years ago, has guaranteed freedoms and liberties through more than two centuries – allowing for freedom of speech, freedom of religion, freedom of the press, freedom to peaceably assemble, and the freedom to access public information.

IRS Says E-Filing for Form 990 Ready for 2004 Filing Season (12/15/2003)
The Internal Revenue Service’s manager for electronic program initiatives has said the IRS will be ready to accept electronic submission for Form 990, the annual financial and activity report filed by most nonprofits, during the first quarter of 2004.



IRS Must Disclose Determinations of Tax-Exempt Status (12/15/2003)
On Dec. 2, the United States Court of Appeals reversed a U.S. district court decision that the IRS can keep documents on determinations for organizations’ tax-exempt status private.

OMB Watch Asks OMB To Deny HHS Request to Survey Head Start Grantees (12/15/2003)
OMB Watch has asked the Office of Management and Budget (OMB) to deny a request from the Department of Health Human Services (HHS) to conduct a national survey of Head Start program executive salaries and travel costs because it duplicates information HHS already has and places an unnecessary burden on Head Start programs. The survey was HHS’s response to a request from two members of the House Education and Workforce Committee, which asked for a “review of the financial management of Head Start grantees nationwide.” See the full text of the OMB Watch Comments and summary of issues surrounding this information collection request.



Istook Strikes Back - Another Attack on Nonprofit Speech (12/15/2003)
Rep. Ernest Istook (R-OK) is seeking to muzzle all organizations that promote the legalization or medical use of any substance listed in schedule I of section 202 of the Controlled Substances Act. In doing so, Istook is stripping the free speech rights of all organizations that fight for better medical treatment for ailing patients.

Update on Faith-Based Initiative (12/15/2003)
The Supreme Court heard oral arguments on a case that raises the issue of whether state scholarship aid can be used for religious training. In the same week, White House Faith-Based Office Director Jim Towey says “fringe” religions should be ineligible for federal grants.

Rep. Serrano Urges Congress to Drop Restriction on Legal Services (12/15/2003)
On Dec. 8, Rep. Jose Serrano (D-NY) raised the issue of restrictions on use of privately raised funds by legal service programs.

Bush Administration to Ease Mercury Controls (12/15/2003)
The Bush administration recently issued standards that will weaken and delay efforts to reduce highly toxic mercury emissions from power plants, which can fall to the ground with rain and enter bodies of water.

Enforcement of Environmental Laws Lagging Under Bush Administration (12/15/2003)
The Bush administration is pursuing and punishing far fewer polluters than the two previous administrations, according to the Philadelphia Inquirer.


Administration Eases Rules for Endangered Species Consultation for Forest Projects (12/15/2003)
The Bush administration recently issued standards that will allow federal agencies to conduct fewer consultations under the Endangered Species Act (ESA) when considering timber sales and other forest thinning projects.

Meet and Comment on EPA's Draft Report on the Environment (12/15/2003)
Resources for the Future (RFF) will be holding a seminar this Wednesday, Dec. 17 from 12:30 pm - 1:30 pm on future steps for the Environmental Protection Agency’s (EPA) Draft Report on the Environment.

Documents Destroyed in Terrorism Case (12/15/2003)
The accidental destruction of documents justifying the federal government’s eight-year investigation into a former University of South Florida professor raises questions about whether the government will be allowed to proceed in a case hailed as a key part of the war against terrorism.

GAO Issues Report on Terrorist Financing (12/15/2003)
The General Accounting Office (GAO) has published a report by two Senators that reviews use of alternative financing mechanisms for terrorism and recommends changes to address challenges. The report, Terrorist Financing: U.S. Agencies Should More Systematically Assess the Use of Alternative Financing Mechanisms (GAO-04-163), has implications for nonprofits.