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Publications :  The Watcher :  OMB Watcher Vol. 9: 2008 :  August 19, 2008 Vol. 9, No. 17 : 

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In This Issue

Federal Budget
Defense Contract Oversight Faces Multiple Challenges

Information & Access
Fisheries Rule Cuts Public Participation
EPA Launches Online System for Reporting Violations
Senate Report Documents Problems with State Secrets Privilege
State Group Launches Government Transparency Wiki

Nonprofit Issues
Federal Court Denies Injunction and Upholds Strict Voter Registration Fines in Florida
Anti-Obama Group Seeks Exemption from Campaign Finance Rules

Regulatory Matters
Bush Administration Pushing Last-Minute Rollbacks
One Year Later, Only Blame about Crandall Canyon Disaster


Bush Administration Pushing Last-Minute Rollbacks (08/19/2008)
The Bush administration is trying to finalize several new rules, covering a range of policy issues, before a new administration takes over and despite its own policy directive. The new rules would relax the standards and enforcement of longstanding federal laws, including the Endangered Species Act (ESA).

One Year Later, Only Blame about Crandall Canyon Disaster (08/19/2008)
One year after the deaths at the Crandall Canyon mine in Utah, little has been accomplished at the federal level to help prevent further mine collapse disasters. Although the House passed legislation addressing safety issues raised by this collapse and a series of other mine accidents in recent years, the Senate has not acted. Reports about the causes of the Utah mine collapse vary in assigning responsibility, which has led to different allegations about who bears the burden for the nine deaths at Crandall Canyon.

Fisheries Rule Cuts Public Participation (08/19/2008)
A Commerce Department proposed rule governing fisheries management threatens to curb public participation in environmental reviews and give greater control to the fishing industry. The public comment period for the proposed rule ended on Aug. 12.

EPA Launches Online System for Reporting Violations (08/19/2008)
The U.S. Environmental Protection Agency (EPA) recently launched a pilot program to allow companies to electronically self-disclose violations of environmental laws. The new voluntary program, called eDisclosure, is designed to speed the processing times and reduce transaction costs for voluntary disclosures of violations under the Emergency Planning and Community Right-to-Know Act (EPCRA).

Senate Report Documents Problems with State Secrets Privilege (08/19/2008)
An Aug. 1 report by the Senate Judiciary Committee articulates the need for new legislation to limit the state secrets privilege. The report documents that the current administration has asserted the privilege "more frequently and broadly than before" and that reforms, such as the State Secrets Protection Act (S. 2533), are necessary to restore the proper balance between the right to an open and accountable government and the protection of legitimate state secrets. The report's dissenters — nearly all the Republicans on the committee — disagree with the report, arguing that existing procedures are sufficient.

State Group Launches Government Transparency Wiki (08/19/2008)
On Aug. 11, the Buckeye Institute for Public Policy Solutions in Columbus, OH, announced the creation of its Center for Transparent and Accountable Government. With the mission of promoting open government initiatives at the federal and state levels, the center is leading the effort in Ohio to provide access to state and local government information and enable user participation in government through its wiki.

Federal Court Denies Injunction and Upholds Strict Voter Registration Fines in Florida (08/19/2008)
On Aug. 6, the U.S. District Court for the Southern District of Florida denied the League of Women Voters of Florida's (LWVF) request for a preliminary injunction to prevent a harsh voter registration law from taking affect. The law levies substantial fines on organizations that register voters and that do not promptly deliver the completed voter registration forms to the Florida Division of Elections. While the law does prescribe tougher penalties for willful misconduct, it does not grant exemptions for undue hardships or for inadvertent errors.

Anti-Obama Group Seeks Exemption from Campaign Finance Rules (08/19/2008)
A new 527 group called The Real Truth About Obama, Inc. (RTAO) has filed a lawsuit in the U.S. District Court in Richmond, VA, against the Federal Election Commission (FEC) and the U.S. Department of Justice (DOJ). RTAO plans to run issue ads examining the Democratic presidential candidate's position on abortion and other policy issues. RTAO argues it is not a political action committee (PAC) because it will not advocate for Obama's defeat or election. The group seeks to prevent the enforcement of several FEC regulations regarding when a group must register as a PAC, as well as the enforcement of federal reporting requirements for political organizations, including 527 groups.

Defense Contract Oversight Faces Multiple Challenges (08/19/2008)
Over the last seven years, the Defense Department has doubled the amount of money spent on private contractors, yet it has remained disturbingly lax on contractor oversight. Recent evidence has emerged showing that the Pentagon spends too little on contract oversight and interferes with current auditors to restrict the length and scope of investigations.