Nonprofit Speech Rights | Center for Effective Government

FEC Regulations to Stay in Effect Past the Election, Unpaid Broadcast Ban Appealed

Although a federal court judge refused to grant the Federal Election Commission (FEC) a stay of a September decision overturning 15 regulations implementing the Bipartisan Campaign Reform Act of 2002, the rules will remain in effect until after the election on Nov. 2. The FEC has appealed the case to the U.S. Court of Appeals for the District of Columbia, challenging the standing of Reps. Chris Shays (R-CT) and Marty Meehan (D-MA) to bring the suit and defending five of the 15 regulations.

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Independent Sector Names Members of Expert Advisory Panel

Independent Sector announced the formation of an eight-member Expert Advisory Group that will advise the "Panel on the Nonprofit Sector" formed in response to a request by the Finance Committee to make recommendations to Congress to improve the oversight and governance of charitable organizations. The Expert Advisory Group will provide knowledge and support to the Panel on such issues as government regulation, financial accountability, and tax policy. They will also provide perspective on recommendations from the working groups that will also support the panel.

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New Rules, Empty Pockets: Funding Faith-Based Services in a Time of Fiscal Uncertainty

Three executive orders have created centers for the Faith-Based and Community Initiatives in many federal agencies. Booklets have been published which provide guidance to faith-based groups on how to get federal funding, and the government has held a series of educational conferences and a catalog of grant opportunities. Recently, both USAID and HUD published final rules implementing a policy ensuring that faith-based organizations are able to compete on equal footing with other organizations for funding.

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Report Finds Growing Pattern of Attacks on Nonprofit Speech

Government agencies and officials and conservative allies are increasingly targeting nonprofit organizations for their free speech activities, as OMB Watch documents in a report published Oct. 26, Continuing Attacks on Nonprofit Speech: Death by a Thousand Cuts II. (See press release and statements from the audio news conference.) The analysis found:Retaliatory action against government grantees that engage in controversial policy discussions or active advocacy that includes points of view different from the administration, regardless of how well those views are supported by science

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IRS 'Examination' of NAACP Exempt Status Based on Criticism of Bush Policies

On Oct. 28 the National Association for the Advancement of Colored People (NAACP) announced that the Internal Revenue Service (IRS) is investigating their tax-exempt status because Chairman Julian Bond criticized the Bush administration's policies in his speech to the group's July convention. The NAACP is a 501(c)(3) organization, and as such is barred from intervening in elections. The nation's oldest and largest civil rights organization questioned the timing of the IRS action, calling it a politically motivated attempt to silence the organization and discourage blacks from voting.

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Executive Summary: Continuing Attacks on Nonprofit Speech: Death by a Thousand Cuts II

See this summary of our October 2004 report. Continuing Attacks on Nonprofit Speech: Death By a Thousand Cuts II Executive Summary A Report by OMB Watch October 2004 In July 2003, OMB Watch published An Attack on Nonprofit Speech: Death By a Thousand Cuts, which documented a pattern of attempts to limit the policy voice of nonprofits by the Bush administration and its conservative allies. Over the past year this trend has not only continued, but also expanded. In our newest publication, Continuing Attacks on Nonprofit Speech: Death By a Thousand Cuts II, we found:

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Release: nonprofitadvocacy.org Calls for Congressional Hearings on Need for 527 Bill

An alliance of five national organizations supporting the rights of nonprofit organizations today called for congressional hearings on the need to limit soft money contributions to "527" independent political committees. The complete statement follows.

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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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