The Federal Election Commission (FEC) approved final regulations on September 26 implementing a ban on broadcasts by corporations (including nonprofits) and labor unions that refer to federal candidates within 60 days of an election or 30 days of a primary. The FEC used its authority under the Bipartisan Campaign Reform Act of 2002 (BCRA), which directed the ban, to carve out two important exceptions: free air time and broadcasts by charitable, educational and religious groups that are exempt under Section 501(c)(3) of the tax code.

A final EPA rule to cut emissions from snowmobiles and other off-road vehicles is weaker than the agency’s original proposal, which met resistance from the vice president’s office and John Graham, administrator of OMB’s Office of Information and Regulatory Affairs (OIRA), who sided with the snowmobile industry.

Last week the FEC proposed new rules to define when communications with a federal candidate, a campaign, party or their agent, may turn an otherwise independent expenditure into an in-kind campaign contribution. Since corporations, including nonprofits, are prohibited from making contributions to federal candidates, the regulatory definition of “coordination” could impact any group that interacts with public officials or community leaders that are also federal candidates and communicates with the public about issues that involve them.

The Federal Energy Regulatory Commission (FERC) on September 5, 2002 announced plans to aggressively restrict public access to government information it deems sensitive. Shortly after the September 11 attacks FERC limited access to huge amounts of information that it controls and released an initial policy statement addressing this issue in October 2001.