Nonprofit Speech Rights | Center for Effective Government

FCC Releases Media Ownership Studies Tied to Regulatory Overhaul

On 10/1/02, the Federal Communications Commission (FCC) released 12 studies in regarding the state of the "media marketplace" in America, as part of a massive review of all federal rules regarding media ownership. the background behind the media ownership rules at issue and the review process was discussed in a September 2002 NPTalk. The studies are summarized in this article, and are all available for download at: http://www.fcc.gov/ownership/studies.html. Comments are sought on the studies by December 2, 2002, with reply comments due January 2, 2003.

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House Defeats Church Electioneering Bill

The House of Representatives defeated H.R. 2357, which would have allowed religious organizations to endorse candidates and spend tax deductible funds on partisan election activities, by a wide margin on Oct. 2. The final vote- 178 YEA - 239 NAY - 15 Not Voting- reflected concerns about separation of church and state and campaign finance reform.

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IRS Outlines 2003 Workplan for Exempt Organizations Division

The IRS Exempt Organizations (EO) division will issue more guidance to, and increase audits of, tax-exempt organizations in the coming year, according to the division’s 2003 workplan. The EO division has also made a priority of electronic filing for the Form 990 and a web-based interactive application for 501(c)(3) charity status (Form 1023).

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Faith-Based Bill on the Precipice in Senate

The opportunity to enact the Bush Administration's faith-based initiative this year is nearly at end. Sens. Rick Santorum (R-PA) and Joe Lieberman (D-CT) have tried in vain to get a Unanimous Consent Agreement to bring their "Charity Aid, Recovery, and Empowerment Act" (CARE Act) up under special rules that would limit the amount of debate on the bill. Given the limited time left before Congress leaves for fall elections, about the only way the Senate will act on the CARE Act is under a Unanimous Consent Agreement.

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FEC Exempts Unpaid Broadcasts, Charities from New Rules

The Federal Election Commission (FEC) approved final regulations on September 26 implementing a ban on broadcasts by corporations (including nonprofits) and labor unions that refer to federal candidates within 60 days of an election or 30 days of a primary. The FEC used its authority under the Bipartisan Campaign Reform Act of 2002 (BCRA), which directed the ban, to carve out two important exceptions: free air time and broadcasts by charitable, educational and religious groups that are exempt under Section 501(c)(3) of the tax code.

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Third Annual US State and E-Government Study Released

Darrell West and his team of researchers at the Brown University Center recently published the third annual U.S. federal and state e-government survey for Public Policy. The survey looked at 1206 state government websites, in addition to 45 federal legislative executive branch websites, and 13 federal court websites. The full report is available online: www.insidepolitics.org/Egovt02us.html (HTML) www.insidepolitics.org/egovt02us.PDF (PDF)

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GAO Report on Charity Response to Sept. 11 Released

On September 3, 2002, the General Accounting Office released an interim report on the response of charities to 9/11. The report describes the roles that charities played during the aftermath of 9/11 and identifies some ways to improve the charitable aid process in future disasters. The report concludes that improvement “may prove challenging to implement.”

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FEC Proposes New Definition of "Coordination" With Candidates

Last week the FEC proposed new rules to define when communications with a federal candidate, a campaign, party or their agent, may turn an otherwise independent expenditure into an in-kind campaign contribution. Since corporations, including nonprofits, are prohibited from making contributions to federal candidates, the regulatory definition of “coordination” could impact any group that interacts with public officials or community leaders that are also federal candidates and communicates with the public about issues that involve them.

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FCC Calls for Major Review of Media Ownership Rules

On September 12, the Federal Communications Commission adopted a notice of proposed rulemaking as part of its biennial review of media ownership rules mandated under the 1996 Telecommunications Act to determine whether the marketplace is sufficiently ensuring the goals of local responsiveness, diversity, and competition with respect to local media, or if existing rules need to be maintained or modified, in order to promote these goals.

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Why CARE?

Supporters of the Charity Aid and Recovery Act (CARE), which passed the Senate Finance Committee in June, are hoping Senate leaders can work out an agreement to bring the bill to the floor soon.

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