New Republican Gag Rule?
OMB Watch has issued an urgent appeal about the proposal, which comes in the form of s a manager’s amendment to the Affordable Housing Fund (AHF) in the Federal Housing Finance Reform Act (H.R. 1461). As my friend Doug Ireland (who alerted me to this) points out, "While it applies only to nonprofits seeking grants under a new Affordable Housing Fund (AHF), the provision sets a dangerous precedent that threatens the speech and association rights of all nonprofits."
Doug writes:
"Even non partisan activities are restricted under this Nonprofit Gag Provision, like voter registration, voter identification, and get-out-the vote activities. Also forbidden are: anything that "promotes," "supports," "attacks," or "opposes" a candidate for federal office, which could be interpreted to include criticism of elected officials who may be seeking reelection; broadcast of any ads, public service announcements, grassroots issue advocacy, anything – that refer to federal candidates within 60 days of a general election or 30 days of a primary; or lobbying, except if the group is a 501(c)(3) organization it may lobby within permissible limits. Affiliation with any entity that engages in any of the above activities during the same time period -- 12 months before applying for a grant or during the grant period -- will also disqualify the group from receiving money from the AHF."
"This highly dangerous Republican initiative would sharply limit the ability of non-profit organizations serving the poorest among us to speak up about the needs of these voiceless communities. AIDS service organizations that receive federal housing money for people with AIDS could be affected -- like the splendid New York-based Housing Works, which does a lot of lobbying and hosts the Campaign to End AIDS. And so could every affiliate of national lobbying coalitions like the Leadership Conference on Civil Rights," he notes.
Apparently, this will be voted on next Wednesday. Folks who know more about this issue should jump in with details.





I'm sorry, but maybe I'm missing the point. I was enraged that the Falwells and Robertsons could tell their flocks how to vote and still get a free ride from taxes. It seemed wrong to me then and it still does. I don't really get why an organization that is tax-exempt because it is non-profit should be allowed to spend money on ads, etc to back a candidate or policy. Even if the policy is one I believe in.
If I understand correctly, then these faith-based lobbying churches would also be restricted in the same way, right? It seems to me that if you have the priviledge of not paying taxes because you are providing a service, then the service is what you should be providing.
Don't jump all over me, I am willing to be educated on this, but I honestly don't disagree with the bill as you have explained it.
October 21, 2005 5:28 PM | Reply | Permalink
I agree about the possible double standard regarding partisan activities by faith based tax-exempt organizations versus non-religious non-profits. I think the problem pointed out in the post is that the language is so broad that many non-partisan activities could be interpreted as "supporting" or "opposing" an elected official, or candidate. Do you trust the Bush administration, or the Schwarzenegger, or any Republican or Democratic, administration to use appropriate restraint in interpreting such broad language? In tight elections? When the poll numbers are dropping? Whenever the S hits the fan for them?
October 21, 2005 6:25 PM | Reply | Permalink
I can't imagine this will go anywhere. There is lots of slush money on the right that goes into astroturf-style 501(c)3 organizations. See e.g. Americans for Job Security, the United Seniors Association, etc.
October 21, 2005 6:43 PM | Reply | Permalink
Frankly, I can't see why there should be any restrictions on the political activities of non-profits, religous or otherwise. The sole exception would be non profits that recieve govt money.
October 21, 2005 7:37 PM | Reply | Permalink
Great point. But, I'd add, so what if they receive government money or special tax status? Is it so terrible that public money might fund some ideas, either through grants or tax breaks, that challenge society? Seems to me that a strong society can not only handle internal dissent but that it would encourage it. This is like that lame argument against the NEA: "Why should my tax dollars go to art that offends me?" I don't know, why should mine go to wars that I don't want to fight? Heck, I don't agree with our drug laws, so why should my tax dollars go towards producing commercials that imply that pot smoking will support terrorism, make you leave your little brother waiting at school for a ride, cause you to run over children at a fast food drive through and then finally shoot yourself with the loaded gun that your parents keep in an unlocked desk drawer for in explicable reason?
We all pay for stuff we don't like, with tax dollars. I say... get over it.
October 21, 2005 7:43 PM | Reply | Permalink
Here's an email I sent to a friend of mine that is related to this topic:
Think of it this way. Suppose I am member of
a political group. I try to collect money and then I use it for political activities, like distributing yard signs, phone
banking, walking neighborhoods, and redonating money
to campaingns. All of the money donated to my political group,
however, is ineligible for a tax deduction. It's not
like giving money to the United Way or Catholic
Charities. Ah, but I have loophole--people can claim
money given to churches (and 501 (c) (3)'s) as tax deductions. So, I turn my political group into a fake ministry, and suddenly
donations to my political group are tax deductable.
The campaigns will probably start setting up astroturf
ministries too. So, not only does this law
infringe on the Establishment Clause, it gives tax
incentives to turn political groups into a religious
group.
If a 501 (c)(3) wants to voice a political opinion, they are welcome to set up a 527 arm of the organization that does so.
October 21, 2005 8:20 PM | Reply | Permalink
So this law lets religious groups (obviously untaxed) continue to be actively political but doesn't allow non-religious non-taxed groups to be political? That is not how I understood it. Which way is right?
October 21, 2005 9:39 PM | Reply | Permalink
I'm not familiar with the specific proposal that MicahSifry cites, but I've seen quite a few like it. If it is what I think it is, then our consideration here should be very careful to distinguish between policy-related activities (which can include lobbying, advocacy, education, etc.) and electoral activities (which refer to the election of a candidate).
A 501(c) organization (of whatever subparagraph) is so identified because of having been granted exemption from paying income taxes. A (c) (6), for example, would receive income from dues paid by members of a professional association and not have to pay federal income tax on those dues. A (c) (3) not only does not have to pay income tax on the donations that it receives, but donors receive a deduction in their own income taxes because of the donation.
The IRS has struggled with the matter of whether 501(c)(3)'s should engage in policy-related activities, including lobbying, and come down on the side of allowing it--within limits. The idea is that charitable organizations often serve elements of the community who lack a voice in public policy and therefore are also served by advocacy by the organizations that serve them. These organizations are the point at which, to coin a phrase, the rubber meets the road, so they are quite likely to have valuable experience with the actual effect of specific public policies on specific groups of people and can, therefore, be relied upon to provide valuable insight for policy makers regarding community needs.
To make themselves heard in the public arena, these organizations often have to use the tactics and strategies that will, well, allow them to be heard. They write letters to Congress. This is lobbying. They send out action alerts. This is lobbying. They stage media events. This is not necessarily lobbying, but it often has an effect on the public policy debate.
BUT 501(c)(3)'s are strictly prohibited from participating in electoral politics. They don't endorse candidates. They walk a very fine line in order to have candidate forums or issue candidate report cards. They can engage in voter registration and can encourage people to vote (without indicating any sort of preference for candidate).
This is something of an oversimplification, but it generally says that charitable organizations can and should engage in public policy discussions--and stay the hell away from electoral politics. Both elements are good. The tax exemption and the tax deduction are both forms of public support for an organization. The prohibition against using public dollars (even public dollars that have been foregone) to influence an election is one way to avoid using your tax dollars to bring about a government which you might not support as well as eliminating improper government influence on the positions of an endorsing organization. On the other hand, the unique and specialized experience of a charitable organization can bring value to the public policy discussion.
For example, do you know what effect the creation of a preferred drug list with a prior authorization requirement in your state's Medicaid formulary might have on people living with HIV? Your local AIDS organization does. And that ASO's voice in the debate is probably why HIV medications have been specifically carved out of the PDL. That "voice" may have included letters and other contacts with policy makers, press conferences and other media events designed to call attention to an obscure (bur life threatening) issue, and testimony at hearing after hearing. If you donated to an AIDS organization and that AIDS organization participated in this sort of discussion, then 20 cents (max--and probably a lot less) of your dollar went to save lives in just this way.
I'll check on this proposal to get more details, but it looks like an attempt to block association among organizations (an important means sharing policy information and organizing advocacy) and--more importantly--scare a few more organizations out of the public policy discussion. It won't have a dime's worth of effect on elections because 501(c)(3)'s are already prohibited from participating in electoral politics.
October 21, 2005 11:43 PM | Reply | Permalink
cwr --
Thanks for such a detailed explanation. Still not sure where I come down on this, but your words help put it into perspective.
October 22, 2005 8:26 AM | Reply | Permalink
I'm not by any means an expert on this, but from my experience working in small 501(c)(3)'s there are limitations on 'lobbying,' but the term is quite narrowly defined. My understanding is that the term only applies to work done in reference to a particular piece of legislation. The rule I learned is: if it has a bill number, it's 'lobbying', anything else is 'advocacy' - though that might be an oversimplification.
As far as I am aware, there are no restrictions on 'advocacy' for tax-exempt organizations. 501(c)(3)'s can contact elected representatives, send mailings, etc - as long as it is in furtherance of the organization's general, rather than particular, aims. For example, a 501(c)(3) could contact their congressman to advocate for more federal support for low income housing, but would be more restricted if they were urging a yes or no vote on a particular piece of legislation on that issue.
My impression is that 501(c)(3)'s are allowed to do a set amount of 'lobbying' - up to a certain percentage of total expenditure or staff hours, I think (not sure which).
501(c)(3)'s, of course, are tax-exempt - and those who donate get a tax deduction for their gift. The idea of the lobbying restrictions is that tax dollars shouldn't fund lobbying on particular legislation - which I find to be legitimate.
Those orgs that do more substantial lobbying are usally 501(c)(4)'s - and donations to them are not tax deductable. Some organizations actually split themselves in a legal and accounting sense into two organizations - a lobbying 501(c)(4) side and a non-lobbying 501(c)(3) side.
Apologies if I've gotten any details wrong - it's been a while since I looked at the issue closely.
October 22, 2005 2:46 PM | Reply | Permalink
Micah, I've now followed your links to OMB Watch and (a) love you like a brother for bringing this up and (b) will send out an action alert ASAP. This is indeed bad juju for the nonprofit sector--and everyone else as, I hope, I've argued above. The issue is precedence and the continued wearing away of the ability of nonprofits to address social issues in the public fora. I would strongly urge any and all to follow Micah's links and make use of the tools available to contact Congress about this issue.
October 22, 2005 12:11 AM | Reply | Permalink