Nonprofit Speech Rights | Center for Effective Government

Doggett Introduces Lobby Disclosure Bills

On March 13, Rep. Lloyd Doggett (D-TX) introduced two versions of his "Stealth Lobbyist Disclosure Act of 2005" (H.R. 1302), a proposed amendment of the Lobbying Disclosure Act of 1995 (LDA), and H.R. 1304, which modifies the Internal Revenue Code to treat lobbying coalitions as political organizations under Section 527 of the tax code and require more disclosure of their lobbying activities. H.R. 1302

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Florida Church Is Subject of IRS Inquiry for Political Activities

On Feb. 15, the Internal Revenue Service (IRS) notified a Liberty City, FL, church that it is under investigation for engaging in partisan political activity. The investigation stems from an October 2004 appearance at a service by Democratic presidential candidate Sen. John Kerry (D-MA). If the church is found to have engaged in prohibited political activity, it could lose its tax-exempt status.

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Santorum Amendment Encourages Relief for Charitable Giving

On March 1, Sen. Rick Santorum (R-PA) introduced an amendment to the 2006 Senate Budget Resolution. The amendment, a "Sense of the Senate" about charitable giving, notes the bipartisan popularity of the 2003 Charity Aid, Relief and Empowerment Act (CARE Act). The amendment passed by unanimous consent.

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FEC Seeks Comment on Internet Regulation

Under orders from a federal court to reconsider its exemption of Internet communications from campaign finance regulations, the Federal Election Commission (FEC) proposed new rules on March 24, seeking public comment on a variety of issues. The proposed rules, which provide more questions than answers, were preceded by an outcry from bloggers, members of Congress and others concerned about possible over-regulation of Internet political activity. Comments are due in late May and a public hearing will be held in later June.

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Summary of Senate Hearing on 527s

On March 8, 2005 the Senate Rules Committee held a hearing to consider the 527 Reform Act of 2005 (S. 271). While not heavily attended by committee members, the hearing revealed the complexity of issues raised by the proposed extension of federal election regulations to independent political committees (527s). The testimony and questions from Senators highlighted the likely consequences of passing the bill in its current form, including migration of soft money to 501(c) groups, who, unlike 527s, do not disclose donors.

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IRS Asking Justice Department to Step in on NAACP Audit

The Internal Revenue Service is referring to the Justice Department the refusal by the National Association for the Advancement of Colored People to respond to an IRS summons, according to BNA. The case arose in the fall of 2004 when the IRS notified the NAACP it was conducting an examination into whether a speech by Chairman Julian Bond that criticized policies of President Bush constituted prohibited campaign intervention.

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Study Shows Business Outspends Nonprofits 5-1 on Issue Ads

The Annenberg Public Policy Center has published new research examining legislative issue ads, focusing on the Washington, DC, area during the 108th Congress. They found "Corporate interests outspent citizen/cause interests by more than five to one," and that advertising on many issues was one-sided. Not surprisingly, the side that spent more was more likely to have a favorable outcome.

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Bush Budget Fails to Support Non-itemizer Deduction

The Bush Administration has indicated that it will no longer push for passage of the non-itemizer deduction, even as a new study shows the provision would increase charitable giving. However, the non-itemizer provision remains a centerpiece of legislation introduced by Sen. Rick Santorum (R-PA) and a priority for Republican leadership.

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Court Says AmeriCorps Teachers in Catholic Schools Allowed to Receive Subsidies

On March 8, the U.S. Court of Appeals for the District of Columbia ruled that taxpayer funds can subsidize volunteer instructors that teach in religious schools. The ruling reversed a July 2, 2004 decision by U.S. District Judge Gladys Kessler, who admonished the government for failing to monitor programs sufficiently to ensure compliance with the law and called the line between secular and religious activities "completely blurred." The American Jewish Congress (AJC) may appeal the decision.

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OMB Rejects Findings on Propaganda Using Federal Funds

On Feb. 17, David M. Walker, the Government Accountability Office’s (GAO) Comptroller General, issued a letter to all federal agencies reminding them that Congress banned use of federal funds for propaganda, and during 2004 “several prepackaged news stories produced and distributed by certain government agencies violated this prohibition.” On March 11, the Bush administration rejected these findings by sending a contradictory memo to agency heads.

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