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ALERT! Federal VA-HUD Appropriation Threatens Non-Profit Advocacy Wide array of agencies covered; all non-profits urged to respond Click here to read the Center's position letter on this issue
The U.S. Senate is preparing to vote on the VA-HUD appropriations bill (S. 1596), which contains several provisions that would severely restrict the advocacy and lobbying rights of non-profits. This appropriation covers spending through the U.S. Department of Housing and Urban Development (HUD), the Veterans Administration (VA), the Environmental Protection Agency (EPA), NASA, the Federal Emergency Management Agency (FEMA), Consumer Product Safety Commission (CPSC) and other agencies. The bill was scheduled to receive action by the Senate September 23, but debate was delayed until the morning of September 24. Once the bill passes the Senate, it will be referred to a House/Senate conference committee to resolve the differences in the House and Senate versions. Although there is still a chance that these provisions will be defeated in the Senate, it is more likely that the fight will continue into the conference committee. The amendments were sponsored by Senator Christopher Bond (R-MO), chair of the Senate VA-HUD Appropriations Subcommittee. The following provisions are of particular concern: Broad restrictions on policy communications - Existing federal laws and regulations already prohibit the use of federal funds for lobbying, except in specific cases. Section 430 of the proposed bill would greatly expand this restriction by banning the use of federal funds appropriated under the covered departments "for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is not complete." The sweeping language of this provision would likely apply to virtually any communication or research produced or distributed, in whole or in part, with funds originating from any of the government agencies covered under this appropriation. EPA Restriction - Under the bill, a 501(c)(3) organization would have to certify that it had not used federal funds to engage in litigation against the United States - or forego eligibility for EPA funding. This provision applies only to 501(c)(3) charities - not to trade associations or for-profit businesses. It would apply even if litigation against the U.S. was conducted legally with federal funds pursuant to another federal statute (as is the case with legal services or activities conducted under the Developmental Disabilities Act). Senator Frank Lautenberg, a subcommittee member, has been taking a leadership role in fighting these provisions. His office was instrumental in getting Senator Bond to agree to delete another troublesome restriction covering litigation and local-level lobbying from the same appropriations bill. Action Needed: This bill is a serious threat to the advocacy and policy rights of all non-profits. If allowed to pass, it would stifle legitimate lobbying activities and set a dangerous precedent for other Congressional appropriations. It is vitally important that all non-profits voice their strong opposition to these provisions, whether or not they receive funding from one of the covered government agencies. Non-profits are urged to take the following actions:
Contact information appears below. If a broad cross-section of non-profits respond swiftly and vocally to these proposals, our chances of success will increase significantly. If you need more information or would like a sample letter, contact Linda Czipo at the Center for Non-Profits at 732/227-0800 or e-mail center@njnonprofits.org. Also, please take a moment to fax copies of all letters to the Center (fax: 732/227-0087) so that we can monitor New Jersey's activity on this issue. We will keep you posted of any new developments, either by phone, fax or via our Web site at http://www.njnonprofits.org. Click here to read the Center's letter to Senator Bond KEY SENATE CONTACTS: The Honorable Frank Lautenberg The Honorable Robert Torricelli The Honorable Christopher S. Bond The Honorable Barbara Mikulski
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