Senate Chairman Refuses to Release Richard Clarke's Testimony

For almost four months Sen. Pat Roberts (R-KS), Chairman of the Senate Intelligence Committee, has refused to release declassified testimony related to the 9/11 investigation from former White House Counterterrorism Chief Richard Clarke. Given the critical nature of Clarke's public statements and the proximity of elections, political motivations for the repression are strongly suspected.

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Critical Habitat Proposed for Endangered Species Challenged Under Data Quality Act

The Fish and Wildlife Service (FWS) proposed designating 376,095 acres essential to the survival of the southwestern willow flycatcher. The southwestern willow flycatcher is an endangered bird whose habitat covers the southwestern portion of the United States. Information related to this endangered species was challenged under the Data Quality Act in 2003 and may have helped shape the habitat designation.

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Congress Passes Limited FOIA Exemption for Satellite Imagery

The House and Senate adopted a new Freedom of Information Act (FOIA) exemption without the overly broad language originally proposed by the Senate, which would have provided a blanket prohibition on disseminating any commercial satellite imagery or derived products. The exemption was part of the 2005 Defense Authorization Act passed Oct. 9.

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Justice Asks to Submit Secret Evidence on Transportation Rule

The Justice Department has requested permission to submit evidence to the court under seal in a case about a secret security rule. The case involves a secret transportation security rule that requires airline passengers to show identification in order to fly.

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OpenTheGovernment.org Targets Secrecy in Post Ad

OpenThegovernment.org, a broad-based coalition of more than 30 groups dedicated to fighting government secrecy and strengthening open government, placed a quarter-page ad in the Washington Post Oct. 13. The primary message states, "Our Safety Depends on the Free Flow of Information … Let's Turn the Tide on Secrecy." The coalition placed the ad as part of its campaign to raise awareness about the problems of unnecessary government secrecy, which undermines public health and security. Learn more.

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New Corporate Tax Bill Limits Charitable Deductions

While conferees rejected last minute efforts to attach provisions of both the CARE Act and the Houses of Worship bill to the corporate tax bill, the legislation sent to the president does contain three provisions of particular interest to the nonprofit sector. The final bill:
  • Limits charitable deductions for vehicle donations to the sale price obtained by the charity
  • Limits the value that taxpayers can claim on the donation of a patent or intellectual property to a charity
  • Requires increased reporting for non-cash charitable contributions such as property.

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Independent Sector Names Accountability Panel

Congress recessed without taking action on Senate Finance Committee staff proposals outlined in a July discussion draft. However, the Finance Committee is pursuing the nonprofit accountability issues. It has asked Independent Sector (IS) to form a panel to recommend measures that would increase accountability and good governance in the sector. Independent Sector recently announced its panel, comprised of 25 nonprofit and philanthropic leaders from both public charities and private foundations.

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FEC To File Response to BCRA Court Ruling

The Federal Election Commission (FEC) has told an appeals court it will file a statement noting which rules it will defend from a lower court ruling overturning regulations implementing the Bipartisan Campaign Reform Act of 2002 (BCRA) by Nov. 8. Rules that are not appealed will have to be reconsidered by the agency. In a recent meeting FEC Vice-Chair Ellen Weintraub indicated that its exemption for Internet communications may need to be reconsidered.

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Update on Church Electioneering

The corporate tax bill has been sent out of conference without provisions from the "Free Speech Restoration Act," which would have allowed churches to endorse candidates and fund partisan electioneering activities. However, that has not stopped a rash of churches from directly or indirectly endorsing candidates this election season.

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Comments Needed on Alternative Guidelines to Prevent Terrorist Financing

A group of charitable and philanthropic organizations has released a draft "Principles of International Charity" that can be used to prevent diversion of charitable funds to terrorists. Both domestic and international nonprofits are being asked to comment on the draft, which is an alternative to the Dept. of Treasury's November 2002 guidelines. OMB Watch and other groups have called on Treasury to withdraw their guidelines .

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