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OMB Watch Logo
Publications :  The Watcher :  OMB Watcher Vol. 6: 2005 :  November 29, 2005 Vol. 6, No. 24 : 

Acrobat PDF Version

In This Issue

Federal Budget
Post-Katrina Survey Finds Wariness, Desire for Change
House, Senate To Battle Over Budget Cuts
Tax Cut Measure Guarantees Increasing Deficits
TABOR: A Losing Proposition for Colorado
It's Not the Most Wonderful Time of the Year (for Appropriations Work)

Information & Access
A New Ultra-Secret Government Agency
Developments Could Hamper, Help Effort to Preserve TRI

Nonprofit Issues
Nonprofits Urge Supreme Court to Protect Grassroots Communications
Revised Nonprofit Anti-Terrorism Guidelines Expected This Week
Fate in Senate of Nonprofit Gag Provision Uncertain

Regulatory Matters
Weak Roof Crush Rule Threatens Victims' Rights
White House Asserts Authority Over Agency Guidance Documents


Nonprofits Urge Supreme Court to Protect Grassroots Communications (11/29/2005)
A diverse coalition of charities filed an amicus brief on Nov. 14 in the Supreme Court case Wisconsin Right to Life v. Federal Election Commission urging the court to protect the right of nonprofits to broadcast grassroots lobbying communications.

Revised Nonprofit Anti-Terrorism Guidelines Expected This Week (11/29/2005)
This week the Treasury Department will likely release its revised anti-terrorism financing guidelines with broad implications for the nonprofit sector. The revision will likely emphasize that the guidelines are voluntary. It will also urge nonprofits to check the terrorist watch lists when doing business with any group or individual.

Fate in Senate of Nonprofit Gag Provision Uncertain (11/29/2005)
Nonprofits Monitoring Other Legislation for Advocacy Restrictions
After a stinging five vote loss in the House, nonprofit groups continue their efforts to oppose the inclusion of any restrictions on the use by nonprofits of private funds for nonpartisan voter registration and advocacy in the Senate's version of an affordable housing provision. At the same time, Head Start advocates are examining pending reauthorization legislation to determine if new language in it would restrict the use of private funds for Head Start grantees.


A New Ultra-Secret Government Agency (11/29/2005)
Legislation is moving in the Senate to create a new government agency to combat bioterrorism that will operate, unlike any other agency before it, under blanket secrecy protection.

Developments Could Hamper, Help Effort to Preserve TRI (11/29/2005)
In response to a petition from public interest groups, the EPA has extended the deadline for public comments on its proposed cutbacks to the Toxics Release Inventory (TRI) to Jan 13. In an unrelated change, the agency also moved the electronic docket of public comments from its own website to the federal government's www.regulations.gov. The transition was far from seamless, and the possible effects of the location change in the midst of the rulemaking process are uncertain.

Post-Katrina Survey Finds Wariness, Desire for Change (11/29/2005)
Shortly after Hurricane Katrina, OMB Watch launched an online survey seeking feedback and reaction to the possibility of launching an investment agenda, not just for the affected states, but for the entire country. The response was tremendous, as over 800 respondents from nearly every state completed the survey and contributed a multitude of thoughtful, in-depth comments. The overwhelming consensus among respondents held not only that now is the time for a comprehensive, long-term investment agenda for the country, but that such an initiative is long overdue.

House, Senate To Battle Over Budget Cuts (11/29/2005)
Among the top priorities for Congress, when its members return to Washington next week, is the construction of a conference report for spending cuts that is acceptable to both chambers. The House and Senate versions of the reconciliation bill for entitlement spending contain significant differences, particularly with respect to cuts to Medicaid, student loans, and food stamps. The razor-thin margin by which these bills passed in each chamber and the scandals that have increasingly embroiled the Republican Party will likely make reaching consensus during the conference still more arduous by splintering the Republican caucus, decreasing the chances of the cuts being enacted into law.

Tax Cut Measure Guarantees Increasing Deficits (11/29/2005)
The House of Representatives will return to session next week after a two-week Thanksgiving break, with the first item on its agenda being a bill to cut taxes--primarily for high-income Americans--by an additional $56 billion. When combined with its companion reconciliation spending bill, which barely passed the House in the early hours of Nov. 18, the bill will actually increase deficits over the next five years - directly contradicting the original intent of the reconciliation process.

TABOR: A Losing Proposition for Colorado (11/29/2005)
Earlier this month, voters in Colorado demonstrated their dissatisfaction with the state's constitutional spending limit law — otherwise known as TABOR--by voting in favor of suspending its spending limits for five years. TABOR, the "taxpayer's bill of rights," had contributed to a significant decline in the state's public services since its enactment in 1992. Unfortunately, this victory in Colorado has come after years of disastrous tax and spending practices eroded state services, harming Colorado's education system, health care programs, and transportation infrastructure.

It's Not the Most Wonderful Time of the Year (for Appropriations Work) (11/29/2005)
Although five of the 11 appropriations bills remain to be signed into law by President Bush, Congress has completed work on all but two: the Defense and Labor/Health and Human Services bills. While a massive omnibus has been avoided this year, an equally contentious (and still quite large) bill--a so-called "minibus"--could be passed containing those two final bills. With all the items on the schedule for December and likely only three weeks to complete them, Congress still has a lot of work left to do before they are finished for the year.

Weak Roof Crush Rule Threatens Victims' Rights (11/29/2005)
Based in part on flawed cost-benefit analysis, a proposed rule to reduce injuries sustained when vehicles roll over and their roofs are crushed inward fails to require the level of safety available in current technology and threatens to eliminate the rights of roof crush victims to sue manufacturers.

White House Asserts Authority Over Agency Guidance Documents (11/29/2005)
The White House released a draft bulletin on the day before Thanksgiving that establishes new guidelines for non-rulemaking agency guidance documents.