Center for Non-Profits - House Does Not Pass Anti-Advocacy Provision

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House Does Not Pass Anti-Advocacy Provision
(posted April 1, 1998)

According to the Let America Speak Coalition, on Monday evening (March 30), the U.S. House of Representatives did NOT pass legislation containing provisions that would hamper non-profit advocacy. At the last minute, House leaders substituted H.R. 3481, the Campaign Finance and Election Integrity Act, in place of H.R. 3485. Because there was not enough support to achieve the 2/3 vote needed to pass the bill, House leaders postponed further action on the legislation. Although the bill is technically still active, the shortage of support means that its supporters face an uphill battle passing it this year.

Following are excerpts from the Let America Speak report on Monday's proceedings:

"We have received confirmation that H.R. 3581, the bill that replaced H.R. 3485, the Campaign Reform and Election Integrity Act, did not include the provision directly affecting tax exempt organizations (nonprofits). It appears that the leadership removed the provision in an attempt to gather greater support. However, because the bill was introduced so late (just a few hours before the vote), many members believed that nonprofits were still affected, and they spoke out against the provision on the floor. In the end, even without the nonprofit provision, the bill was defeated 74-337.

Getting the language removed from the bill is a significant victory for the nonprofit sector, and we are very happy to be able to report this to you.

There were many reasons that Representatives voted against the bill: opposition to the process (putting it on the suspension calendar that limits debate and permits no amendments); opposition to the substance of the bill; and opposition to the anti-advocacy provisions. On this last point, the Republican leadership also offered the anti-advocacy provision from Title I -- but limited to just unions -- as a separate bill last night [March 30]. This so-called "paycheck protection" bill, also subject to the restrictive rules of the suspension calendar, failed by a vote of 166-246.

We have received reports that the nonprofit community's presence in opposition to the bill had a significant impact on the process. The fact that tax exempt organizations were removed from the bill -- even at the last second -- is a testament to our joint impact."

Our thanks to all New Jersey non-profits who took the time to contact members of Congress against the anti-advocacy legislation. Your calls and faxes clearly made a difference. We will report more specifically regarding the New Jersey delegation's positions on this issue as the information becomes available to us.

The Center intends to remain vigilant regarding any efforts, whether on the federal or State level, to curtail non-profits' right to participate in public policy matters within their legal limits.

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