Primary Season Generates Complaints about Church Engagement in Partisan Activities

The 2008 presidential campaign is in full swing, and so is the debate over what charities and religious organizations can say or do without violating the tax code's ban on partisan electoral activity. The Internal Revenue Service (IRS), which enforces the law through its Political Activities Compliance Initiative (PACI) program, has already received numerous requests for investigations, and one church has challenged it to investigate a 2006 sermon. The controversy reflects a healthy interest in public affairs within the nonprofit sector, as well as an unhealthy uncertainty about what is allowed in many election-related activities.

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Convictions Based on Publications Raise New Questions for Nonprofits

On Jan. 11, three former leaders of an Islamic charity based in Boston were convicted of tax fraud and making false statements because they did not include a description of their newsletter and its content in their tax-exempt status application and annual Internal Revenue Service (IRS) Form 990 filings. The prosecution argued that the now-defunct group, Care International, supported jihadist movements in articles in its newsletter and postings on its website. The defense argued that no funds went to jihadist groups and that the leaders were being prosecuted for expressing unpopular political views. The convictions, which could result in prison terms of up to five years, are being appealed. The circumstances of the case, combined with public statements of the prosecutors, raise questions about the free expression rights of nonprofits and the level of detail required when reporting to the IRS.

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Supreme Court Asked to Hear Challenge to New FEC Rule on Issue Ads

In December 2007, Citizens United, a 501(c)(4) organization, filed a lawsuit against the Federal Election Commission (FEC) in the U.S. District Court for the District of Columbia claiming that television ads for its film, Hillary: The Movie, should not be subject to donor disclosure requirements under FEC rules. On Jan. 15, a three-judge panel ruled against the group. The organization has since asked the U.S. Supreme Court to consider its case. The suit is a response to the FEC's new rule implementing the Supreme Court's Wisconsin Right to Life (WRTL) decision that allows genuine issue broadcasts to air in the period before federal elections.

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Workers Threatened by Decline in OSHA Budget, Enforcement Activity

The consolidated appropriations bill passed by Congress and signed by President Bush in December 2007 cuts the budget of the U.S. Occupational Safety and Health Administration (OSHA) for Fiscal Year 2008. OSHA, like many other federal agencies, already faces budget constraints that make it more difficult for the agency to achieve its mission. Over the past three decades, OSHA's budget, staffing levels, and inspection activity have dropped while the American workforce has grown and new hazards have emerged.

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2008 Regulatory Policy Agenda: Congress Debates, States Act

In the current political climate, it is unlikely that Congress will succeed in passing legislation that protects the public from the range of regulatory failures we experienced in 2007. The barriers to substantially improving public health, worker safety, and environmental quality seem too high in this election year, especially given President Bush's willingness to use his veto power. What Congress can accomplish in 2008 is establishing legislative and oversight priorities over numerous health, safety, and environmental issues. In many instances, however, we will see states move ahead with a variety of actions designed to improve public protections. The executive branch will also play an increasingly important role as the Bush administration comes to a close.

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Public Interest Board Attempts to Improve Declassification

On Jan. 9, the Public Interest Declassification Board (PIDB) released a report, Improving Declassification: A Report to the President from the Public Interest Declassification Board, outlining a series of recommendations to improve the declassification of government information.

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SBU Gets New Letters and Maybe a Better Policy

The Department of Defense (DoD) is finalizing policies to streamline categories used to restrict technically unclassified documents. The new policy to eliminate the multiple agency-specific "Sensitive But Unclassified" (SBU) procedures and replace them with a common set of "Controlled Unclassified Information" (CUI) standards is currently under presidential review.

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Miner Safety Bill Clears House, Bush Veto Looms

The House passed the Supplemental Mine Improvement and New Emergency Response Act (S-MINER) on Jan. 16. The bill aims to improve mine safety and the responsiveness of the federal government's chief mine regulator, the U.S. Mine Safety and Health Administration (MSHA), in response to the Crandall Canyon mine collapse and other recent disasters. White House officials have indicated President Bush will veto the bill.

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Lack of Resources and Poor Policies Hurt IRS Mission

A lack of enforcement resources, misplaced priorities, and inefficient policies at the Internal Revenue Service (IRS) are among the factors perpetuating the federal tax gap, according to a new OMB Watch report released Jan. 15. The report, Bridging the Tax Gap: The Case for Increasing the IRS Budget, illustrates why the IRS has had such a difficult time recovering the more than $300 billion in federal taxes that go unpaid every year and offers some practical solutions to the problem.

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Holding Agencies Accountable (or Not) for Regulatory Delay

In a MarketWatch article published today, reporter Ruth Mantell discusses how agencies are rarely held accountable when they miss statutory deadlines for writing regulations. In one particularly onerous example, EPA has missed a Congressional deadline — by more than 11 years — for a rule that would limit exposure to lead paint during home renovation. The nonprofit group Public Employees for Environmental Responsibility (PEER) has sued EPA, a tactic that too often must be used to prod agency action, as Mantell points out:

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