Publications :  The Watcher :  OMB Watcher Vol. 9: 2008 :  January 8, 2008 Vol. 9, No. 1 : 

In This Issue

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OPEN Government Act Signed into Law (01/08/2008)
On Dec. 31, 2007, President Bush signed the OPEN Government Act (S. 2488), which includes long-sought reforms of the Freedom of Information Act (FOIA). Though some important provisions were dropped in order to reach bipartisan agreement in Congress, the bill creates incentives to reduce agency backlogs of FOIA requests, increases reporting requirements, and increases the scope of who can make requests and what entities are covered by FOIA.

Big Farms to Get Free Pass in Reporting Air Pollution from Animal Waste (01/08/2008)
The U.S. Environmental Protection Agency (EPA) issued a Dec. 28, 2007, proposal in a second attempt to exempt farms from reporting air pollution caused by animal waste and to reduce information available about toxins at the local level.

EPA Denies State Efforts to Curb Global Warming (01/08/2008)
The Bush administration rejected an attempt by California and several other states to combat global warming by placing a cap on greenhouse gas emissions from vehicles. Stephen Johnson, head of the U.S. Environmental Protection Agency (EPA), announced the decision Dec. 19, 2007. Environmental advocates and members of Congress have sharply criticized the decision, and several states have already filed suit in federal court hoping to overturn it.

Congress Limps Toward Product Safety Reform (01/08/2008)
Despite a record number of consumer product recalls in 2007, Congress adjourned in December without agreeing on legislation to restore the federal government's safety system. The House passed new legislation that would vastly improve the Consumer Product Safety Commission's (CPSC) ability to regulate unsafe products. Weaker Senate legislation was blocked by a lack of bipartisan agreement.

Temporary and Targeted: The Basics of an Economic Stimulus Package (01/08/2008)
The release of dismal national jobs data on Jan. 4 has prompted rumblings from politicians in Washington about the need for an "economic stimulus package." On Jan. 7, President Bush and Treasury Secretary Henry Paulson delivered separate speeches on the state of the economy, in which they addressed the basic outlines of a fiscal policy designed to mitigate the effects of a possible recession. Bush announced he is taking a stay-the-course approach while economists from across the political spectrum are calling for some type of stimulus package. The president could still offer a plan in his State of the Union speech at the end of January.

Parts of Patriot Act Definition of Support for Terrorism Held Unconstitutional (01/08/2008)
On Dec. 10, 2007, the U.S. Court of Appeals for the Ninth Circuit ruled several provisions of the Patriot Act unconstitutional. The portions of the 2001 law in question criminalized any support for nonviolent activities of groups deemed by the Bush administration to be "terrorist organizations."

IRS Issues Final Version of New Form 990 (01/08/2008)
On Dec. 20, 2007, the Internal Revenue Service (IRS) released the final version of its updated Form 990, the informational return for public charities and other tax-exempt organizations. The new form marked the first revision since 1979 and will be used for the 2008 tax year (returns filed in 2009). The IRS expects to release draft instructions for the 2008 Form 990 later in January. Although the new Form 990 incorporated many suggestions made in public comments on the draft version, the IRS did not make key changes to clarify and simplify reporting of advocacy-related activities.

Court Says Evidence Must Tie Charities to Terrorist Attack, Overturns $156 Million Judgment (01/08/2008)
On Dec. 28, 2007, the U.S. Court of Appeals for the Seventh Circuit overturned a $156 million judgment against several U.S.-based charities accused of supporting terrorism. The court ruled that the 2004 award against several charities that required payment of damages to the family of David Boim, who was shot to death in the West Bank in 1996 in an attack attributed to Hamas, must be based on evidence that the charities were directly connected to the murder. The case was sent back to the lower court where there may be a new trial. The case could have a significant impact on the long-term fate of charitable funds seized by the government as part of its financial war on terror.

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