Defend Oregon reports that Measure 64 could lead to a loss in funding or severe penalties for Oregon charities. Measure 64 on the ballot in the November general election would prohibit public employees from using voluntary payroll deductions to donate to nonprofits, charities, unions, and other organizations of their choice.

It prohibits money collected with the use of public resources from being used for political purposes, except elections, official voter pamphlets and most lobbying. "Political purpose" is defined as: candidates, political committee or party, initiative or referendum committee, and supporting/opposing candidates or ballot measures (including signature gathering for petitions ).

The Department of Health and Human Services is going forward with a controversial proposal that would require government grantees that provide health care services to certify they do not discriminate against providers who oppose abortion. From the Associated Press:

The proposed rule, which applies to institutions receiving government money, would require as many as 584,000 employers ranging from major hospitals to doctors' offices and nursing homes to certify in writing that they are complying with several federal laws that protect the conscience rights of health care workers. Violations could lead to a loss of government funding and legal action to recoup federal money already paid.

Abortion rights supporters served notice that they intend to challenge the new rule.

"Women's ability to manage their own health care is at risk of being compromised by politics and ideology," Cecile Richards, president of the Planned Parenthood Federation of America, said in a statement.

HHS claims the rule is needed "to ensure that Department funds do not support morally coercive or discriminatory practices or policies in violation of federal law."

The administration is trying to hurry the rule through the usual regulatory process. The rule appears to have bypassed the required White House review period during which the Office of Information and Regulatory Affairs gets its say on a rule before approving it for public viewing. (This is not to say the White House wasn't involved in the early stages of the rule's drafting.) [Correction: New information shows OIRA did review the rule, but approved it in only a few hours. Read more here.]

The rule will only be opened to public comment for 30 days, further indicating that time is of the essence for Bush administration officials hoping to finalize the rule in the next few months. A typical public comment period lasts 60 days.

Furthermore, the rule is in blatant violation of a White House policy announced in May that told agencies the Bush administration would "resist the historical tendency of administrations to increase regulatory activity in their final months." The policy, which takes the form of a memo to Department heads from White House Chief of Staff Josh Bolten, instructed agencies to propose "no later than June 1, 2008" any regulation the agency wishes to finalize during Bush's tenure. The HHS rule announced today misses that deadline by more than 80 days.

A federal judge ruled that requiring groups to pledge their opposition to prostitution in order to participate in the federal government's international HIV/AIDS program continues to violate the First Amendment. This lawsuit challenges the requirement that public health groups receiving U.S. funds under the U.S. Leadership Against HIV/AIDS, Tuberculosis and Malaria Act pledge their opposition to prostitution in order to continue to receive funding.

A Brennan Center press release states; "Under this 'pledge requirement,' recipients of U.S. funds are forced to censor even their privately funded speech regarding the most effective ways to engage high-risk groups in HIV prevention. In May 2006, Judge Victor Marrero of the U.S. District Court for the Southern District of New York ruled that the requirement violates the First Amendment rights of two plaintiff organizations, Alliance for Open Society International and Pathfinder International, by restricting their privately funded speech and forcing them to adopt the government's viewpoint. Today's ruling extends that injunction to the members of InterAction, the largest alliance of U.S.-based humanitarian organizations, and to the U.S.-based members of Global Health Council, a preeminent public health membership group."

The court disagreed with the government's argument that government issued guidelines allow recipients to speak freely with their private funds. The guidelines require organizations to set up legally and physically separate affiliates, which the court ruled were too burdensome. Meanwhile, the Department of Health and Human Services is currently involved in a comment period on a final regulation which is almost identical to the guidelines the court ruled unconstitutional. In May OMB Watch submitted comments opposing these separation requirements.

The Internal Revenue Service (IRS) has released the revised instructions for the redesigned Form 990, which must be filed starting with tax year 2008. The IRS released a draft version of the instructions in April and then asked for comments.

An IRS press release states; "These instructions are the final step in a tremendous effort to bring the Form 990 up to date and to reflect the diversity and complexity of the tax-exempt community,' said IRS Commissioner Doug Shulman. 'The revised form will give the IRS and the public a much better view of how exempt organizations operate. The improved transparency provided by these changes will also benefit the tax-exempt community."

The revised instructions are available here.