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OMB Watch Logo
Publications :  The Watcher :  OMB Watcher Vol. 8: 2007 :  December 4, 2007 Vol. 8, No. 24 : 

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In This Issue

Federal Budget
Congress, President Running Out of Time to Achieve Fiscal Priorities

Information & Access
States Sue EPA for Reduced Reporting on Toxics
FedSpending 3.0 Goes Public
Secrecy Hinders Progress of Terrorism Cases

Nonprofit Issues
FEC Approves Rule Exempting Issue Advocacy from Broadcast Ban
Study Commission or Thought Police?
Tamil Rehabilitation Organization and its U.S. Branch Shut Down

Regulatory Matters
Political Influence Leads to Revised Endangered Species Decisions
Scientific Wrangling over Air Quality Standard for Lead
Snowmobile Plan for Yellowstone Ignores Environmental Impacts
Multinationals Push for New Greenhouse Gas Emissions Regulations


Congress, President Running Out of Time to Achieve Fiscal Priorities (12/04/2007)
In our last issue, The Watcher detailed the status of several federal spending measures that have been delayed most of the fall. In this issue, we take a look at what these delays could mean to millions of American citizens.

States Sue EPA for Reduced Reporting on Toxics (12/04/2007)
Twelve states are suing the U.S. Environmental Protection Agency (EPA) over the December 2006 regulation that weakened the Toxics Release Inventory (TRI). New York Attorney General Andrew Cuomo, leading the suit, filed in the U.S. District Court for the Southern District of New York on Nov. 28. Joining the suit are attorneys general from Arizona, California, Connecticut, Illinois, Maine, Massachusetts, Minnesota, New Jersey and Vermont, and the Pennsylvania Department of Environmental Protection.

FedSpending 3.0 Goes Public (12/04/2007)
On Nov. 29, OMB Watch launched the third upgrade of its FedSpending.org website, which allows the public to search federal spending data, since the site was created a year ago. The new version includes approximately $16.8 trillion in spending data, including annual spending from FY 2000 through FY 2006 for both contracts and federal assistance, with partial contracts data for FY 2007. Major feature upgrades of this version include mapping, expandable summary tables and a more powerful "SuperSearch."

Secrecy Hinders Progress of Terrorism Cases (12/04/2007)
The secrecy of the government's counterterrorism efforts is impeding the progress of bringing suspected terrorists to trial. In reports from The New York Times and The Washington Post, secret government programs and secret court procedures have slowed cases involving suspected and convicted terrorists.

Political Influence Leads to Revised Endangered Species Decisions (12/04/2007)
The U.S. Fish and Wildlife Service (FWS) will revise seven of eight decisions made under the Endangered Species Act program after reviewing them for improper political interference. The four-month review came as a result of a Department of Interior inspector general's investigation of allegations that former Deputy Assistant Secretary for Fish, Wildlife and Parks, Julie A. MacDonald, intimidated staff and changed the scientific information agency scientists developed for decisions about listing or delisting threatened or endangered species.

Scientific Wrangling over Air Quality Standard for Lead (12/04/2007)
The U.S. Environmental Protection Agency (EPA) is preparing to revise the national standard for airborne lead pollution, but differing scientific opinions among federal officials are further complicating a protracted rulemaking effort. The prevailing interpretation may have a significant impact on the agency's decision to tighten or weaken the standard.

Snowmobile Plan for Yellowstone Ignores Environmental Impacts (12/04/2007)
For at least a decade, the limit on snowmobiles in Yellowstone National Park has been the subject of a pitched battle between conservationists and snowmobile advocates. The National Park Service (NPS) has announced a limit on snowmobile use in Yellowstone. As expected, NPS will allow 540 snowmobiles per day, an amount close to double the daily average from the previous winter.

Multinationals Push for New Greenhouse Gas Emissions Regulations (12/04/2007)
Two calls-to-action on cutting greenhouse gas emissions were released Nov. 30, shortly before world leaders met in Bali to begin outlining a global agreement to succeed the Kyoto Protocol. First, business leaders from 150 global firms issued a communiqué calling for "a comprehensive, legally binding United Nations framework to tackle climate change." Second, a report sponsored by a coalition of U.S businesses and nongovernmental organizations said the U.S. could reduce its output of greenhouse gas emissions substantially using existing technologies and low-cost emerging alternatives, but to do so "will require strong, coordinated, economy-wide action that begins in the near future."

FEC Approves Rule Exempting Issue Advocacy from Broadcast Ban (12/04/2007)
The Federal Election Commission (FEC) approved a final rule exempting some issue-related broadcasts from the electioneering communications rule. The old rule banned corporations — including nonprofits — and unions from paying for such ads within 60 days of a federal general election or 30 days of a primary, if the ads referred to a federal candidate. The new rule is the FEC's response to the U.S. Supreme Court's decision in the FEC v. Wisconsin Right to Life case, which struck down the ban as applied to grassroots lobbying. The new rule does not provide a specific standard. Instead, there is a safe harbor for some grassroots lobbying broadcasts, and the rest of the rule lists criteria for the FEC to decide if a communication is allowable on a case-by-case basis. It also requires donor disclosure for these non-electoral messages.

Study Commission or Thought Police? (12/04/2007)
A bill that would create a commission and research center on "violent radicalization" and "extremist belief systems" that can lead to homegrown terrorism has been quietly making its way through Congress, passing the House on Oct. 23. The American Civil Liberties Union (ACLU) and other groups are raising concerns that its vague definitions, broad mandate and minimal oversight could lead to ethnic profiling and censorship based on personal beliefs. The bill now moves to the Senate, although the Homeland Security and Governmental Affairs Committee has not yet scheduled a hearing.

Tamil Rehabilitation Organization and its U.S. Branch Shut Down (12/04/2007)
On Nov. 15, the U.S. Department of the Treasury designated the Tamil Rehabilitation Organization, Inc. (TRO) as a supporter of the group Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka, charging that TRO was a fundraising front. TRO's offices in 18 countries, including one in Cumberland, MD, were also designated. The designations, authorized by Executive Order 13224, prohibit Americans from engaging in financial transactions with designated groups and freeze any assets the groups may have under U.S. jurisdiction. TRO says that the freeze on its assets will prevent 300,000 people from receiving assistance, terribly impacting the Tamil people, and will cause further suffering to vulnerable populations. Meanwhile, any efforts to have its U.S. designation removed are unlikely to be successful, since to date, the courts have upheld Treasury's authority to designate other groups even when the designation is based on secret evidence and where the group is not afforded due process.