Nonprofit Speech Rights | Center for Effective Government

Istook-Type Gag on Advocacy in House Disability Education Bill

Once again legislation that would restrict nonprofit advocacy has reared its ugly head in the House of Representatives. The legislation is reminiscent of the Istook amendments that would have silenced the advocacy voice of charities, but was stopped by a firestorm of protest by nonprofits across the country. That firestorm may be needed once more.

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IRS Audits of Lobbying Prompt Response from Charities

Over the past few weeks several 501(c)(3) organizations in the midwest have been notified by the IRS that they will be audited in what appears to be selective targeting of charities that elect to use the expenditure test to measure their allowable lobbying budgets. While no written verification is yet available, three leading advocates of charity lobbying – the Alliance for Justice, Charity Lobbying in the Public Interest and OMB Watch – have written IRS Tax Exempt and Government Entities Director Evelyn Petschek “to express our grave concern and dismay.”

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Text of Letter to IRS on New Auditing Program

March 21, 2003 Evelyn Petschek Commissioner, Tax Exempt and Government Entities Internal Revenue Service 1750 Pennsylvania Avenue, NW Washington, DC 20006 Re: IRS Examination Project on Charity LobbyingBY FACSIMILE (202-283-9973) BY FACSIMILE (202-283-9973) Dear Ms. Petschek:

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Senate Briefing Focuses on CARE Act and Discrimination

Comment on grant competition in an era of budget cuts in our forum.

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OMB Watch Comments Oppose Rule Allowing Federal Funding for Church Buildings

On January 6 the Department of Housing and Urban Development (HUD) proposed new regulations implementing the President’s December 12, 2002, Executive Order requiring “equal treatment” of faith-based organizations in the federal grant process. The proposal is similar to regulations proposed last month by the Department of Health and Human Services (HHS). However, they go further, allowing religious organizations to partially fund construction, acquisition or rehabilitation of structures to be used for both religious and government funded purposes.

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Comments of OMB Watch on Charitable Choice Provisions Applicable to HUD Program Participants

Full text of OMB Watch comments to the Department of Housing and Urban Development on proposed rules governing federal grant rules for religious organizations receiving funds under HOME Investment Partnerships, Community Development Block Grants, Hope for Homeownership of Single Family Homes, Housing Opportunities for People With AIDS, Emergency Shelter Grants, Shelter Plus Care, Supportive Housing and Youthbuild. For background information see see our summary of the proposed rules. February 18, 2003 Office of the Rules Docket Clerk Office of General Counsel Room 10276

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Senate May Consider CARE Act Soon

The scaled back version of the CARE Act (S 476) passed by the Senate Finance Committee is on a list of eleven items Senate leadership expects to take up in the next few weeks, possibly as early as the week of March 10. Once the bill reaches the floor Senators Rick Santorum (R-PA) and Joe Lieberman (D-CT) will offer their comprehensive version of CARE, S 272, as an amendment. S 272 includes “equal treatment” provisions for faith-based organizations seeking grants and authorization of the Compassion Capital Fund. (See our summary).

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Church Electioneering Bill Gains Sponsors

Rep. Walter Jones' (R-NC) bill to allow houses of worship to engage in partisan electioneering, including endorsing or opposing candidates, during religious services and similar events has gained 54 co-sponsors in the House. The bill, H.R. 235, is a scaled back version of legislation that failed to pass the House last year. While the new bill limits electioneering to religious services, it has still raised concerns about houses of worship becoming soft money conduits and indirect tax subsidies for partisan activity based on tax deductibility of donations to religious organizations.

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OMB Watch Comments on Charitable Choice Rules Seek Accountability, Less Discrimination

In December the Department of Health and Human Services (HHS) released proposed rules on “equal treatment” of faith-based organizations competing for grants in the Temporary Assistance to Families in Need (TANF), Community Service Block Grant (CSBG) and Substance Abuse and Mental Health Services Administration (SAMHSA) programs. The public comment period ended last week, with OMB Watch filing comments calling for stronger financial and programmatic accountability rules and opposing rules that allow discrimination against program beneficiaries and employees based on religion.

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Comments of OMB Watch on Charitable Choice Provisions Applicable to TANF

Full text of comments on Department of Health and Human Services proposed regulations for "equal treatment" of religious organizations in competition for grant funding in the Temporary Assistance to Needy Families program. Similar comments were filed for proposed regulations for the Community Services Block Grant Program and Substance Abuse and Mental Health Services Administration. February 18, 2003 April Kaplan, Office of Family Assistance Administration for Children and Families 370 L' Enfant Promenade, SW 5th Floor Washington, D.C. 20447

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