Senate Budget Resolution -- the First Amendment

The amendment by Sen. Max Baucus (D-MT), referred to below, was not only first in order but first in significance among the amendments adopted yesterday during the Senate budget resolution floor debate. At a cost of about $195 billion over 2010-12, consuming all of the budget surplus projected in the resolution, the amendment
  • extends middle class tax cuts including the 10 percent tax bracket, marriage penalty relief, and the child tax credit, strengthens the adoption tax credit, and provides combat pay under the EITC

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Coalition of Nonprofits File Amicus Brief

OMB Watch organized a nonprofit coalition that filed a multi-party amicus brief on behalf of 17 charities (exempt under 501(c)(3) of the federal tax code). The brief argued that the electioneering communications restrictions deny charities the right to petition the government for redress of grievances, which is protected by the First Amendment.

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Breaking down FDA's New Conflict-of-Interest Proposal

In today's New York Times, there appears a story by reporter Gardiner Harris about FDA's new guidance intending to reduce conflicts of interest on agency advisory boards. (Note: The story refers to the proposal as "rules" but it is actually "draft guidance" which, unlike rules/regulations, does not carry the force of law.) The guidance is a response to an increasing problem at FDA: Scientists determining the public safety of drugs and medical devices often have financial ties to the products or industry on which they are commenting. There are pros and cons to the draft guidance. The good:

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Senate Budget Debate: Amendment Recap and Preview

The Senate debated and voted on seven amendments to its FY 2008 budget resolution yesterday, four of which passed:
  • Sen. Max Baucus (D-MT), to dedicate projected surpluses to extend a range of middle-class tax cuts and expand the State Children's Health Insurance Program (SCHIP) -- adopted, 97-1
  • Sen. Jim Bunning (R-KY) , to create a point of order against any budget resolution that fails to achieve an on-budget balance within 5 years-- adopted, 98-0
  • Sen. John Cornyn (R-TX) to create a 60-vote point of order against tax hikes -- adopted, 63-35

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Guess The Disaster

Can you guess which disaster this Washington Post article is about? In a stinging, wide-ranging assessment of..efforts, .... said that...had no strategy for restoring either government institutions or infrastructure. And in the years since, other agencies joined the effort without an overall plan and without a structure in place to organize and execute a task of such magnitude. Lines of authority remained unclear in the...effort. With a demand for speed and a shortage of government personnel, much of the oversight was turned over to the contractors doing the work. There was little coordination among the various agencies. The result was a series of missed opportunities to address the unraveling situation.... A. Hurricane Katrina. B. The Iraq war reconstruction C. The Afghanistan war D. It's an article from the future- it's about how they'll handle the next disaster.

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House Budget Resolution: Summary and Resources

The House Budget Committee has begun its mark-up of committee chair John Spratt's (D-SC) FY 2008 Budget Resolution "Mark." Spratt's plan differs only slightly from the budget resolution drawn up by Senate Budget Committee chair Kent Conrad (D-ND), currently being debated on the Senate floor. Notably, however, Conrad does not call specifically for any tax cuts extensions, while Spratt assumes extensions of several expiring provisions, including:
  • the 10 percent bracket
  • marriage penalty relief
  • the child tax credit
  • "moderate" estate tax reform

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In the News, OSHA under the Microscope

According to BNA news service (subscription), House members grilled an Occupational Safety and Health Administration official as to why OSHA has only addressed the danger of a pandemic flu outbreak with guidance memos, instead of regulation. Unions and Congressional members have asked for a temporary standard to protect health care workers. Since no flu strain presents danger in America, the official claims, the agency cannot expedite regulation. I'm no epidemiologist, but I'm fairly certain pandemics do not announce their arrival nor move in an orderly and predictable fashion. As usual, the tangled mess that is the federal regulatory system has blocked a crucial rule. The big story of the day is a U.S. Chemical Safety and Hazard Investigation Board report which faults OSHA for the BP oil refinery explosion in Texas City in 2005. The report finds, despite repeated fatal accidents over the years, OSHA failed to conduct adequate safety inspections at the plant. The 2005 blast killed 15. Read more from The Pump Handle here.

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Down Fall of Electioneering Communications Ban?

Bob Bauer in his moresoftmoneyhardlaw.com blog points out that the lawyer representing Wisconsin Right To Life (WRTL) has requested an extended brief for a specific reason. Done so in light of the possibility that the "case might bring the electioneering communication prohibitions to constitutional ruin." Bauer divulges that the court's resolve to concentrate on the facts and circumstances of an ad is an important problem.

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Latest Watcher

Be sure to check out the latest issue of our biweekly newsletter, The Watcher. Regulatory policy articles this time: Mine Safety Concerns Remain after Sago Leaders of Finance Committee Respond to IRS Outsourcing Program

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New House Member Lets NYT in on Earmark Process

Freshman House Member Kirsten Gillibrand (D-NY) has let a New York Times reporter in on the process and pitfalls of selecting pet projects in her district for earmark approrpriations. The view from what the reporter calls "a rare spectator's seat" is described in an article appearing in today's Times. An open and transparent process becomes all the more important, as congressional appropriations for local projects rise:

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