Cases Before High Court Could Redefine Limits of Federal Power to Protect Public

The U.S. Supreme Court has agreed to review two Clean Water Act cases that could prompt yet another examination of the limits of Congress' power to protect the public.

read in full

Federal Court Allows Salvation Army to Consider Employees' Faith

A federal court opinion permitting the Salvation Army to consider the faith of employees hired for government- funded projects is being touted as a victory by proponents of President Bush's faith-based initiative, claiming it legitimizes the administration's stance. Yet, opponents of the Bush faith-based initiative are not entirely sure the court decision is a loss.

read in full

Rep. Oxley Strikes Deal with House Conservatives; Housing Bill to Include Nonprofit Gag Provision

A GSE (government-sponsored enterprise) bill that would establish a new affordable housing fund, but limit nonprofits' rights to engage in, or affiliate with organizations that engage in, nonpartisan voter registration or lobbying activities, is racing ahead to a floor vote in the House.

read in full

CARE Act Re-Introduced in the Senate and House

On September 27, Sens. Rick Santorum (R-PA) and Joe Lieberman (D-CT) introduced S. 1780, the Charity, Aid, Recovery and Empowerment Act (CARE). The legislation includes charitable giving incentives such as tax-free charitable contributions from Individual Retirement Accounts (IRA), and partial deductions of charitable contributions for taxpayers who do not itemize their tax returns. In an attempt to neutralize the charitable reform package expected to come from the Senate Finance Committee, Santorum also included accountability provisions designed to improve oversight of charities.

read in full

Congress Passes Stark Continuing Resolution; Many Programs Will See Funding Cuts

With the end of the fiscal year looming before them, lawmakers were forced to adopt a stopgap funding measure last week to avoid a government shutdown. The measure -- called a continuing resolution (CR) -- will fund government operations for the next seven weeks. Because of the unusual structure of the CR, however, it will result in the dramatic under-funding of programs, setting spending levels at the lowest of three possible levels: the enacted totals for Fiscal Year 2005 (FY05), or either of the completed levels of the House or Senate FY06 spending bills.

read in full

Supreme Court, FEC Take on Regulation of Issue Advocacy

On Sept. 27, the Supreme Court accepted an appeal from the Wisconsin Right to Life Committee (WRTL) that challenges the constitutionality of federal campaign finance restrictions as applied to genuine grassroots lobbying communications. Oral argument in the case is expected in early 2006. Meanwhile, more than 100 nonprofits submitted comments to the Federal Election Commission (FEC) on its reconsideration of an exemption from its "electioneering communications" rule for groups that are exempt under Section 501(c)(3) of the tax code.

read in full

ALERT: EPA Proposes Rollback on Toxic Pollution Reporting

EPA recently announced plans that would essentially dismantle its Toxics Release Inventory (TRI), the nation's premier tool for notifying the public about toxic pollution. The TRI annually provides communities with details about the amount of toxic chemicals released into the surrounding air, land, and water. The information enables concerned groups and individuals to press companies to reduce their pollution, resulting in safer, healthier communities. Despite the program's widely hailed success, however, EPA is proposing to significantly rolling back the program's reporting requirements.

read in full

Nonprofit Anti-Advocacy Language Proposed for Housing Bill

Supporters of H.R.1461, the Federal Housing Finance Reform Act of 2005, are optimistic it will go to the House floor soon, without nonprofit anti-advocacy language proposed by a group of conservative Republicans. The language would have disqualified any nonprofit that lobbies or carries on other advocacy activities from applying for grants under a proposed new affordable housing program.

read in full

Early Reports of FEMA Reimbursement Policy Misleading

Early reports about the U.S. Federal Emergency Management Agency (FEMA) reimbursements to faith-based groups for their hurricane relief services were misleading and lacked essential details. At a press conference last week, FEMA announced that it will reimburse churches and faith-based groups; however, this is simply an extension of its Public Assistance Program that currently provides funding to private nonprofit groups that have provided food, shelter and supplies to victims of Hurricane Katrina at the agency's request. A Sept. 27 Washington Post story gave the impression that only faith-based groups would receive such reimbursements, prompting some protest.

read in full

Katrina Update: Government's Inadequate Response Continues

Even weeks after Hurricane Katrina swept through the Gulf Coast, the Environmental Protection Agency's (EPA) response to the storm's aftermath continues to be grossly inadequate. The insufficiency of its testing for environmental hazards, the absence of informative health warnings for recovery workers and returning residents, and its failure to provide protective equipment all clearly point to the agency's inability to accomplish its goal of protecting public health and the environment.

read in full

Pages