FEC Schedules New Rulemaking in 2005

Beginning in January 2005 the Federal Election Commission (FEC) will begin an intense seven-month series of proceedings to amend rules implementing the Bipartisan Campaign Reform Act of 2002 (BCRA) rejected by a federal court this fall, and take up new issues generated by this year's election. Among those with greatest impact on nonprofits will be expansion of regulation into Internet communications, reconsideration of the electioneering communications exemption for 501(c)(3) groups and party donations to nonprofits. At its Nov. 18 meeting the FEC approved a

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Intelligence Bill Erodes Right To Know

When House Speaker Dennis Hastert (R-IL) refused to bring the intelligence reform bill to a vote because Republicans in the House of Representatives opposed it, some open government advocates breathed a sigh of relief. As the bill moved through Congress, lawmakers dropped or severely limited the 9/11 Commission's recommendations to strengthen openness throughout the federal government.

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Committee Releases Clarke's Declassified Testimony

The Senate Committee on Intelligence Chairman Pat Roberts (R-KS) finally released declassified testimony from former White House Counterterrorism Chief Richard Clarke regarding the 9/11 investigation. As reported in a previous OMB Watcher article, Roberts refused to release the testimony publicly, even though officials declassified it earlier this year. The testimony gained attention after critics asserted that Clarke made statements this past March regarding pre-9/11 intelligence that conflicted with the earlier testimony.

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Jersey to Withhold Hazardous Waste Records

A proposed rule in New Jersey would keep important health and safety information secret, possibly endangering residents that live near chemical plants, or workers that are employed at a number of different facilities.

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CSX Refuses to Disclose Hazardous Waste Re-Routing

Rail companies that operate in and around Washington, DC, refuse to reveal whether or not hazardous chemicals are being re-routed around the city. Rail companies may be voluntarily re-routing trains, but the public will not be informed.

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Court Dismisses First Data Quality Act Case

In the first Data Quality Act case to be handled by the courts, a U.S. District Court has ruled that challenges under the DQA and its subsequent guidelines to agencies are not judicially reviewable. A previous court decision addressed the issue of reviewability, but the legal claim in that case was not limited to data quality.

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EPA Releases Early TRI Data, Usability Limited

On Nov. 23, the Environmental Protection Agency (EPA) began early access to the 2003 Toxics Release Inventory (TRI), but in a limited manner. This early release is seven months faster than last year's release. While this earlier access represents a step in the right direction, the data format significantly limits its use. Additionally, EPA will not make the underlying data available to the public at this time.

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White House Rejects Overtime Rules Amendments

In both versions of the FY 2005 Labor-HHS spending bill, the House and Senate approved amendments intended to block the White House from implementing new and harmful overtime rules. Those amendments, sponsored by Rep. David Obey (D-WI) and Sen. Tom Harkin (D-IA), would have reinstated old overtime eligibility rules for some workers, and were seen as a major victory for labor.

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Congress Raises Debt Limit, Fails To Pass Intelligence Bill

While members of Congress were unable to complete work on the omnibus spending bill or the intelligence bill during the lame-duck session, they did manage to complete their work on the debt limit.

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Congress Delays Spending Bill, Tackles Tax Return Provision

Although it was widely believed Congress would pass and the President would sign the $388 billion omnibus spending bill before Thanksgiving, it appears now the must-pass legislation will remain on hold until Dec. 6 when Congress will reconvene for a second lame-duck session to work on its passage. The bill, H.R. 4818, includes the nine remaining appropriations bills Congress left unfinished when the fiscal year ended, as well as numerous other riders and provisions.

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