Government Status: Open

Late last week, the administration released a status report on their open government efforts over the past two and half years. Impressive progress has been made because of the hard work of public employees across the federal government.

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PATRIOT Act Provisions Get Three-Month Extension, But Nearly Lose Funding

The House voted yesterday to agree to the Senate's three-month extension of expiring PATRIOT Act provisions. The President is expected to sign the bill before Feb. 28, when the current provisions expire.

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Congress Headed for PATRIOT Act Debate This Year

The Senate voted yesterday to extend expiring provisions of the PATRIOT Act until May 27. The House had voted to extend the provisions until December 8; today, the House agreed to consider the Senate version. The House and Senate have to agree before Feb. 28 or the provisions will expire.

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Supreme Court Rules Against Charities' Challenge to the Patriot Act

In a 6-3 ruling, the Supreme Court ruled that the government can ban all forms of aid to designated terrorist organization, even if that aid includes advice about nonviolent and legal activities. In Humanitarian Law Project v. Holder, the Humanitarian Law Project (HLP) and other charities allege that sections of the USA PATRIOT Act violate the First Amendment. The plaintiffs said they only wanted to help the groups' nonviolent activities.

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Hearing Considers Counterterrorism Rules and the Effects on Charities

The House Committee on Financial Services Subcommittee on Oversight and Investigations held a hearing to consider how anti-terrorist financing laws impact charities. This is the first time an oversight hearing considered how Treasury's policies impact charitable groups since 9/11.

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Advisory Council Provides Recommendations on Faith-Based and Community Organizations

The Chronicle of Philanthropy ($$) details the President's Advisory Council on Faith-Based and Neighborhood Partnerships' new report offering suggestions for the government in its work with charities. The panel provided a 164-page document which included recommendations to ensure that religious charities use government money only for secular activities.

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Charities Challenge Anti-Terrorism Law

The Supreme Court heard arguments today (Feb. 23) in Holder v. Humanitarian Law Project, a case challenging the constitutionality of the definition of material support. Human rights and humanitarian aid charities say the law is so broad that it squelches their speech and advocacy work. The definition of material support includes services, training, expert advice, and could criminalize their work even when they have peaceful goals.

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Nonprofits Continue to Inform Government on the Ramifications of Antiterrorism Restrictions

The Chronicle of Philanthropy ($$) reports on some positive news regarding the government's antiterrorism rules that impact charities and perhaps, some modifications may lie ahead that improve the ability of groups to engage in humanitarian work overseas.

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Judge Rules Government Violated Charity's Rights

A federal judge ruled that the government cannot freeze an organization's assets without obtaining a warrant based upon probable cause. The court also found that the organization must first have notice of the basis for freezing its assets and an opportunity to defend itself. Since the Sept. 11 attacks, the Treasury Department froze tens of millions of dollars in assets held by eight charities within the United States without warrants and court approval.

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ACLU Releases In-depth Report on Anti-terrorism Laws and Charity

A new report by the American Civil Liberties Union (ACLU) documents how U.S. counterterrorism laws harm American Muslim charitable giving and negatively affect nonprofit organizations' ability to carry out their work. The study found that the laws are so broad and vague that many Muslim donors fear they could either face strict government scrutiny or have legal problems due to contributions to legitimate charities.

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