Open-Government Activist Seeks to Recover Legal Fees from FOIA battle

After winning a four-year legal battle for access to county documents concerning the Seahawks Stadium, a Seattle resident has returned to court seeking greater financial compensation for his efforts. King County Superior Court Judge Michael Hayden heard arguments on August 19, during which Armen Yousoufian sought an award of more than $1 million in compensation for his legal fees and as a deterrent to prevent other agencies from stonewalling citizen requests of public information.

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Action Expected on Charitable Giving Legislation in September

The Senate Finance Committee intends to introduce a package of nonprofit accountability reforms and charitable giving tax incentives soon, according to sources on the Hill.

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Missed Opportunities in Auto Safety

Two new regulatory developments fail to do enough to make our roadways safe:
  • The Federal Motor Carrier Safety Administration issued revised rules governing the maximum number of hours that companies can force their truck drivers to work without rest.

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Federal Election Commission Seeks Comments on Rule that Could Gag Charities around Elections

The Federal Elections Commission (FEC) is considering changes that could affect the advocacy voice of charities across the country. Currently charities are strictly prohibited from electioneering, and are thus not covered by campaign finance law. However, the FEC is reviewing current rules regarding communications made 30 days prior to primary elections and 60 days before general elections, and weighing whether charities should be limited in mentioning a candidate for federal office during those periods.

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Town Seeks to Keep Secret Maps, Images

Officials in the town of Greenwich, Connecticut are compiling a list of vulnerable public buildings and utilities and plan to withhold aerial images and maps of these sites from the public, despite having been ordered by the Connecticut Supreme Court to disclose them. Mapping information has been a continual target for proponents of increased government secrecy, even though little evidence supports their claims that such information is too dangerous to remain public.

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Legislative Update: Federalism Bills

Legislative developments brewing in the 109th Congress could alter the relationships between the federal and state governments, thus potentially distorting important regulatory protections. Unfunded Mandates Reform Act Revisions

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Congressional Budget Office Projections: No Change in Bleak Long-Term Fiscal Outlook

Just over a month after the White House released its misleading and overly optimistic budget projections, the Congressional Budget Office (CBO) released an update to their Budget and Economic Outlook last week. The CBO report is far more realistic in its long-term assumptions and therefore shows little change in our country's dismal long-term fiscal outlook.

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Nonprofit Sues US Gov't for Retracting Grant on Bias

DKT International, a nonprofit organization that works to prevent HIV/AIDS worldwide, has sued the US Agency for International Development (USAID) for its retraction of a grant when DKT refused to sign a pledge opposing sex work. In June, DKT applied for a $60,000 subgrant to market condom lubricants in Vietnam. The grant was initially approved, but rescinded when DKT refused to sign the pledge.

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PART Wins Award; Proves Irony Still Gets Results

In one of the year's most peculiar moments, the Innovations in American Government Award has been awarded to the Program Assessment Rating Tool (PART). The PART was among over 1,000 applicants considered for the award, given each year by the Ash Institute for Democratic Governance and Innovation at Harvard's Kenney School of Government and the Council for Excellence in Government. That PART was awarded an innovation in government award is ironic in that the ideas and goals underlying PART are certainly nothing new. The issue of government performance has been around since shortly after World War II. Past attempts to reform the management of government programs range from the 1949 recommendations of the Hoover commission to the Carter administration’s Zero Based Budgeting experiment to the Nixon Administration’s Management By Objectives initiative and the Johnson Administration’s Planning-Programming-Budgeting System. Even President Clinton jumped on the bandwagon with his Reinventing Government initiative. Most of these initiatives were short-lived and with any luck, so to will the PART. Further, PART has been criticized as having severe deficiencies including ideological and political bias and inconsistency in implementation across programs. The most egregious of the criticisms is that often times its one-size-fits-all approach actually forces programs to be evaluated tangentially or contrary to their stated purpose(s). The PART is hardly innovative and certainly not worth of praise. This is yet another step in the disasterous process of PART gaining wide and unquestioned acceptance - a step that surely will lead to fewer protections and supports for the American people.

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Medicaid Cuts Could Be Difficult in September

The August rumor mill is in full swing in Washington, DC, and the latest news is that Senate Finance Committee Chairman Chuck Grassley (R-IA) is considering finding the required $10 billion in cuts from programs under his jurisdiction from outside the Medicaid program. The Finance committee must create a reconciliation bill cutting $10 billion from mandatory programs and send it to the Budget committe by September 16. This is one of the main parts of the overall $34.7 billion reconciliation bill cutting entitlement programs agreed to earlier this year in the budget resolution. The reconciliation instructions do not specify to which programs the cuts must be made, but it was generally understood that Medicaid would receive the majority if not all of the $10 billion in cuts. Yet two Republicans on the committee - Senators Gordon Smith (OR) and Olympia Snowe (ME) - are promoting a plan to reduce the Medicaid cuts by as much as half and making the rest of the required cuts to the Medicare program. Some observers are worried such an action would open a pandora's box - allowing both Democrats and Republicans to offer amendments targeting the controversial Medicare prescription drug benefit.

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