Publications

GAO Report Indicates Less FOIA Information Under Ashcroft

Federal agencies are limiting public access because of a 2001 memo from Attorney General John Ashcroft, according to a congressional watchdog agency. The General Accounting Office (GAO) released a report saying, a significant percentage of Freedom of Information Act (FOIA) officers have reduced the amount of information available to the public because of Attorney General John Ashcroft’s infamous October 2001 memo. Ashcroft’s memo instructed agencies to exercise greater caution in disclosing information requested under FOIA.

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Soft Electioneering vs. Issue Advocacy: Where is the Line?

On September 8 the Supreme Court heard arguments in the case challenging the constitutionality of the new campaign finance law, officially called Bipartisan Campaign Reform Act (BCRA). The major issues argued were restrictions on “electioneering communications” and soft money contributions to political parties. The arguments illustrated the difficulty in drawing the line between genuine issue ads meant to impact legislation and campaign ads.

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OMB Asks for Comments on Proposed Changes to Audit Form

Nonprofits that get federal grants have an opportunity to suggest ways audit forms can be streamlined for reports auditors make to them and reports grantees must submit to the federal government. A Federal Register notice invites comments on changes proposed for current audit forms, including the SF-SAC and single audit reporting packages. Comments are due on or before October 14.

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Charitable Giving Bills Headed to Conference Committee

On September 17 the House passed legislation with tax breaks for charitable giving. The bill, the Charitable Giving Act of 2003 (H.R. 7), is now headed to a conference committee with the Senate. The Senate passed a similar bill, the CARE Act (Charity Aid Recovery and Empowerment Act, S. 476), last spring. In addition to tax breaks for contributions to charities, H.R. 7 provides money for a Compassion Capital Fund, simplification of lobbying rules for charities, reduction in excise taxes for foundations, and authority for states to transfer money from welfare to social service programs. This article includes a summary of the major provisions of H.R. 7, a look at how it compares to the Senate bill, the controversial issues facing the Conference Committee and the administration's position.

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Administration Hid Number of Detainees in Iraq

U.S. officials have been hiding the actual number of prisoners in Iraq for months, after a news report last week placed the new number at 10,000. Of these prisoners, 3,800 are considered “security detainees” and went unreported for months. Officials said they previously did not have a proper category for the prisoners, therefore leaving them out of the actual count.

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Ashcroft Budges Slightly on Patriot Act Secrecy

After receiving sharp criticism, Attorney General John Ashcroft has decided to release a fragment of information available on how the USA Patriot Act is being used in libraries. This follows pointed words by Ashcroft, characterizing the concern voiced by those worried about library surveillance as “hysterics.”

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DHS CII Docket Published, Not User-Friendly

The Department of Homeland Security (DHS) finally published public comments to the proposed Critical Infrastructure Information (CII) rule on its website. OMB Watch published the comments on our site Sept. 3 after DHS failed to post them according to its timeline. Although the comments are now publicly available through DHS, the entire dissemination process DHS followed has been poor and could set a bad precedent for the agency's future rulemakings.

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Senate Votes to Repeal FCC Media Ownership Rules

The Senate recently voted to overturn the Federal Communications Commission’s (FCC) controversial new media ownership rules that would allow media conglomerates to own more newspapers, as well as television and radio stations. Invoking the rarely used

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Senate Votes to Block Overtime Changes Despite Veto Threat

The Senate recently voted to block changes that would strip millions of workers of eligibility for overtime pay, despite the threat of a presidential veto. The Bush administration, on March 31, proposed changes to federal overtime standards that would make it easier for employers to deny overtime compensation to certain workers while guaranteeing time-and-a-half pay for those earning less than $22,100.

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Agencies Slow to Implement Environmental Justice Order

EPA and the departments of Interior, Transportation and Housing and Urban Development have not fully incorporated environmental justice principles into their work as required by a Clinton-era executive order, according to a report by the U.S. Commission on Civil Rights (USCCR). The USCCR found that the four agencies have made progress in addressing environmental justice but noted a number of shortcomings. Specifically:

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