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Advocacy Guidelines for Private Foundations

In general, foundations may not express views on specific legislation in communications with legislators, or with the general public if the communication includes a “call to action.” However, private foundations may:

• provide technical assistance or advice to legislative body or committee in response to a written request;
• make available nonpartisan analysis, study or research; and,
• under the so-called “self-defense” exception, communicate with a legislative body regarding matters which might affect the existence of the foundation, its powers and duties, its tax-exempt status, or the deduction of contributions to the foundation.

Restrictions on Grants
In general, private foundations may not earmark a grant to a nonprofit for lobbying. However, lobbying is permitted under foundation grants in two circumstances:

1) Under general support grants, nonprofits may pay for lobbying expenses; and,
2) Under grants for specific projects with a lobbying component, the grant amount from the private foundation may not exceed the non-lobbying budget of the project.

Last Updated: February 5, 2010