ALAWON v4n88 (October 20, 1995)
URL = http://hegel.lib.ncsu.edu/stacks/serials/alawon/alawon-v4n88

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                                                   ISSN 1069-7799
                             ALAWON
                 ALA Washington Office Newsline
               An electronic publication of the
         American Library Association Washington Office

                      Volume 4, Number 88
                        October 20, 1995

In this issue: (108 lines)
     NONPROFIT LOBBYING RESTRICTIONS MOVING FORWARD
          ACTION NEEDED: CONTACT KEY SENATORS

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         NONPROFIT LOBBYING RESTRICTIONS MOVING FORWARD

It appears that Sen. Alan Simpson (R-WY) and Rep. Ernest Istook
(R-OK) have reached a compromise on the so-called Istook
amendment that would restrict political advocacy by organizations
receiving federal grants.  Proponents of the Istook amendment
have been trying to get the restrictive language added to H.R.
2020, the Treasury-Postal appropriations bill for FY96.
Conferees on H.R. 2020 have scheduled a meeting for next
Wednesday, Oct. 25, at 10:00 a.m.--a signal that adds to the
rumors that an  agreement is in process.

Unfortunately, there are only broad outlines of the Istook-
Simpson agreement available.  We have been told that there is
nothing in writing yet, but the key points are as follows.

The Istook-Simpson agreement would cover organizations with
budgets of $1 million or more that have at least 1/3 of their
budget coming from federal  grants (this would include grants
passing through state and  local governments to nonprofits).
There would be a $100,000 limit on the amount of private funds
that could be spent on  advocacy.  (We don't know if this is a
sliding scale or if  it is 10 percent of an organization's
budget.)   The definition of advocacy to be covered by the
legislation is likely to be greatly expanded to include virtually
all work on public policy matters at the local, state, or federal
level, including litigation involving the government.  At this
time, it is not known if the agreement  includes  annual
reporting requirements (divulging your advocacy activities and
how much of your private money you spend on these activities),
posting the annual reports on the Internet, or the bounty hunter
provisions.

Even knowing only the broad outlines of the Simpson-Istook
agreement, there are severe problems with the plan.  First,
there is no need for the amendment.  Using federal funds to
lobby is prohibited under current law; penalties for violations
are severe.  Although four hearings have been held on this issue,
there still is no evidence of nonprofit organizations using
federal funds to lobby. So why is the amendment needed?

Second, the principle of imposing a threshold on the free speech
of an organization because they receive federal grants raises
serious constitutional concerns.  This remains an attempt to
silence the voice of a significant portion of the nonprofit
sector.

Third, the definition of prohibited activities is too broad.
Proponents of restricting nonprofit political advocacy are not
just trying to prohibit lobbying (i.e.,  attempts to influence
legislation), they are limiting  virtually all public policy
debate (e.g., communicating with agencies).

This Simpson-Istook agreement  is no different than the Istook
amendment.  The  thresholds for coverage  fit the description of
the average  federal grantee.  The only real difference is the
$100,000 threshold; instead of a 5 percent limit on the use of
your private funds for advocacy, it would be 10 percent.
Nonetheless, the principle is still wrong-headed.

Greater detail on Congressional efforts to restrict nonprofit
lobbying can be found in two previous issues of ALAWON: Vol. 4,
Number 83, September 19, 1995 and Vol. 4, Number 73, August 3,
1995.

ACTION NEEDED: Deadline for calls is close of business Tuesday,
October 24.

1.  Contact Sen. Alan Simpson to let him know you oppose the
Simpson-Istook agreement -- even in its broadest outline.  Phone
Number: (202) 224-3424; FAX: (202) 224-1315;  E-Mail:
senator@simpson.senate.gov

2.  Contact Sen. Mark Hatfield (R-OR) (Phone: (202) 224- 5244;
FAX: (202) 224-0276) and Sen. James Jeffords (R-VT)  (Phone:
(202) 224-5141; FAX: (202) 228-0338;   E-Mail:
vermont@jeffords.senate.gov) to encourage them to continue
opposing the Istook amendment, including the Simpson-Istook
agreement.  Thank them for their continuing  leadership on this
issue.

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ALAWON (ISSN 1069-7799) is an irregular publication of the
American Library Association Washington Office, 1301 Pennsylvania
Ave., N.W., Washington, D.C. 20004.  Internet:
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Contributing to this issue: Carol C. Henderson; Editor: Lynne E.
Bradley (leb@alawash.org).

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