Government Matters Articles

Parts of Patriot Act Definition of Support for Terrorism Held Unconstitutional

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."

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Information Magic Eight-Ball

Over the past year, there has been a great deal of activity on issues related to government transparency and secrecy, but it can remain difficult to figure out exactly what all the discussions, reports and hearings actually mean. To try to get to the bottom of this murky issue, we are breaking out our Magic Eight-Ball of Information Policy to ask a few key questions about the past year — the progress and setbacks, laid out in simple terms. We wish there was a better approach, but unfortunately, 2007 was that kind of year for government transparency, with vague and unclear answers for most questions.

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A Year for Failure: Regulatory Policy News in 2007

In 2007, new regulatory policies and the inability of federal agencies to protect the public made headlines more so than at any time in recent memory. Four themes dominated regulatory policy this year: an increase in White House influence over agency rulemaking activity and discretion, which added a perception of more political manipulation; the inability of the federal government to protect the public by ensuring the safety of imported goods; the voice of some industry groups calling for regulation; and the Bush administration's refusal to regulate in the face of overwhelming scientific evidence, as in the case of climate change. At best, government has attempted to respond to crises instead of getting ahead of the curve. This has left the public uncertain about whether we can count on our government to provide adequate safeguards.

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Charities and National Security: Growing Awareness of Need for Reform

In 2007, the effects of the ineffective and counterproductive legal regime governing counterterrorism programs and charities demonstrated that the current system, based on a short-term emergency response to the 9/11 attacks, needs to be reassessed and reformed for the long term.

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Despite New Majority in Congress, Fiscal Policy Still Mostly Stuck in Neutral

A new congressional majority in 2007 promised a clean break from past practices of a Congress noted for its corruption, dysfunction and profligacy. It moved on a modest agenda and successfully enacted a few important policies, but overall, it failed to chart a new direction in fiscal policy. This failure was due in large part to the majority underestimating the ability and willingness of a coalition of conservative policymakers and the president to fiercely obstruct even the modest reform policies on the new Congress's agenda.

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The Good, the Bad and the Ugly for Nonprofit Speech Rights

While ethics reform and the U.S. Supreme Court decision in FEC v. Wisconsin Right to Life were among federal developments in 2007 that strengthened citizen voices, threats to donor privacy and vague, inconsistent IRS enforcement of the ban on partisan activities by charities and religious organizations were among events that went from bad to just plain ugly. Here is a roundup: The Good The Supreme Court decision in Wisconsin Right to Life

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Tamil Rehabilitation Organization and its U.S. Branch Shut Down

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.

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FEC Approves Rule Exempting Issue Advocacy from Broadcast Ban

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.

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Secrecy Hinders Progress of Terrorism Cases

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.

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FedSpending 3.0 Goes Public

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."

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