Public Policy

Policy Update

Independent Sector Policy Update
April 26, 2006
 

Charitable Incentives and Reforms
Charitable Incentives and Reforms Legislation May Move Yet

Nonprofit Advocacy
Congress Considers Lobbying Reform Legislation

House Passes Section 527 Bill

Federal Budget
House Budget Resolution Still Pending

Tax Issues
Senate Vote Expected on Estate Tax this Spring

Upcoming Events
State Legislature Wrap-Up Focus of May 19 IS Call
IRS to Hold Phone Forum on Executive Compensation



Charitable Incentives and Reforms Legislation May Move Yet
As Congress returned to Washington this week, high on the list of priorities is finishing work on the tax reconciliation bill (H.R. 4297) for FY06. Independent Sector is hopeful that a solid package of charitable incentives and reforms will be included in the final bill. We have reason to believe that the changes that we have requested will be adopted resulting in reforms that will more closely mirror the recommendations of the Panel on the Nonprofit Sector. More on H.R. 4297.

Congress Considers Lobbying Reform Legislation
The lobbying reform bill (H.R. 4975) introduced by the House Republican Leadership is expected to be considered on the House floor Thursday, April 27. The bill moved through five committees earlier this month. During consideration in the Judiciary Committee a penalty was added of up to five years in jail for egregious violations of the lobbying rules. Another amendment adopted in the Judiciary Committee added a provision from the Senate-passed bill would require lobbyists and organizations that lobby to report contributions they make to organizations established or controlled by Members of Congress. The Committee also voted to require lobbyists to list the names of each Member of Congress and their staff with whom a lobbyist met, though this provision has been dropped from the Rules Committee version (PDF) of the bill which will go to the House floor.

H.R. 4975 shares some elements of the Senate bill, such as requiring more disclosure for earmarks, and increased disclosure on the part of lobbyists, including quarterly reports and information about campaign contributions and gifts. Unlike the Senate bill, the House measure would ban all privately-funded travel for the remainder of 2006. The House ethics committee would be required to come up with a plan for pre-approving travel by mid-December. More on lobbying reform legislation.

House Passes Section 527 Bill
The House passed a bill (H.R. 513) on April 5th that would require Section 527 organizations to register as political committees under federal election law. The bill also would repeal certain limits on what a political party can spend on behalf of candidates. The measure passed by a 218 to 209 vote. Similar provisions that were included in the lobbying reform legislation (H.R. 4975) introduced by the House Republican Leadership have now been dropped from that bill. More on Section 527 legislation.

Meanwhile, a federal district court ordered the Federal Election Commission to review its decision not to issue new regulations for Section 527 organizations. The opinion (PDF) issued on March 29, 2006 finds that the FEC failed to make a reasoned explanation for its decision to consider 527 activity on a case-by-case basis instead of issuing a general rule to regulate such organizations.

House Budget Resolution Still Pending
Another matter facing Congress is the budget resolution for FY07. House Majority Leader John Boehner (R-OH) said he hopes to get the measure through the House in May. Consistent with the President’s request, the resolution would cap discretionary spending at $873 billion and assume $226 billion in tax cuts. When the bill is considered on the House floor, moderate Republicans plan to offer an amendment, similar to one accepted in the Senate, to add $7 billion in funding for education and health care. Independent Sector joined a sign-on letter (PDF) organized by the National Human Services Assembly urging the House to restore discretionary spending to at least FY05 levels and continue critical funding for education, child care, health, job training and housing programs. More on the Budget Resolution.


Senate Vote Expected on Estate Tax in May
Senate Majority Leader Bill First (R-TN) plans to bring estate tax legislation to the Senate floor in May 2006. It is unclear, however, whether he has the 60 votes necessary to overcome opposition to full repeal. An estate tax vote was scheduled for September 2005, but was postponed in the aftermath of Hurricane Katrina. More on the estate tax.

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Upcoming Events

State Legislature Wrap-Up Focus of May 19 IS Call
The National Conference of State Legislatures’ director will join the May 19 Policy Action Network call to provide a wrap-up of states’ legislative sessions and discuss significant policy actions and emerging trends. The network is open to all IS members interested in being effectively engaged with federal and state public policies that affect the charitable sector. The one-hour call begins at 2:00 p.m. EDT. For more information, email Gloria Engelke.


IRS to Hold Phone Forum on Executive Compensation
The IRS will hold a one-hour phone forum on the agency’s executive compensation initiative on May 17th at 10:00 AM and again on May 18th at 1:00 PM. The call will cover problems that the IRS has found in this area and are designed for those with experience in exempt organizations law. For more information see the Calendar of Events on the Charities and Nonprofits section of the IRS website.

 

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