Advocacy Rights Sign-On Letter

The following letter expressing opposition to the inclusion of proposed anti-advocacy provisions in the Federal Housing Finance Reform Act (H.R. 1461) was sent to the chairman and ranking member of the Financial Services Committee and to other House leaders.

October 26, 2005

Dear Chairman Oxley and Ranking Member Frank:

On behalf of the undersigned organizations, we are writing to urge you to oppose the inclusion of proposed anti-advocacy provisions in the pending Federal Housing Finance Reform Act of 2005 (H.R. 1461). We are deeply concerned about the negative impact the proposed provisions would have on the ability of charitable organizations to engage in advocacy and nonpartisan electoral activities with private funds.

Specifically, we object to the proposed anti-advocacy provisions because they would render ineligible for grants from the Affordable Housing Fund (AHF) charitable organizations that have lobbied or engaged in nonpartisan election activities - such as voter registration and education, assisting voters to apply for absentee ballots, or providing voters transportation to the polls - in the 12 months prior to application and would prohibit nonprofit grantees from engaging in any of these activities in the future, even with their private funding. In addition, under the proposed language, nonprofits that do not engage in such activities would still be disqualified from applying for Affordable Housing Fund grants if they are “affiliated” with an organization that does engage in such activities.

We believe that the restrictions on the use of AHF funds in the Committee’s reported bill and current law provide sufficient safeguards and limitations on the use of federal funds for advocacy by charitable institutions, including the prohibition on lobbying with federal funds and, for 501(c)(3) organizations, a ban on engaging in partisan electoral activities. While the creation of the AHF to support low-income housing projects is laudable, we believe that restricting the well-established First Amendment rights of charities as a condition of eligibility for such AHF grants is unnecessary and would likely be found unconstitutional.

We are particularly concerned that any provision included in H.R. 1461 restricting free speech and association rights protected by the First Amendment will have a chilling effect on all nonprofit organizations whether or not they would apply for a grant from the AHF. Enacting the proposed anti-advocacy provisions would set a precedent that could cause charities that receive other federal grant monies to fear that their access to such funds might be restricted if they do not curb their own advocacy and nonpartisan electoral activities.

Finally, permissible nonpartisan election activities run by nonprofit organizations – sectarian and non-sectarian alike - encourage good citizenship and civic engagement. Unfortunately, the proposed anti-advocacy provisions would undermine and needlessly restrict the ability of charitable organizations and their often vulnerable beneficiaries to engage in basic civic activities. The following are a few examples of the kinds of nonpartisan activities that would be prohibited if the proposed language is enacted:

• nonpartisan voter registration drives;
• transportation of the elderly and disabled persons to and from the polls in private vehicles using private funding;
• the use of space in a senior or low-income housing complex or at a faith-based organization as a polling station; or,
• providing assistance to shut-ins and/or nursing home residents to apply for absentee ballots.

We cannot imagine that the advocates of the proposed provisions intended such an unfortunate result. These efforts are all nonpartisan, provide an essential service to this country and its citizenry, and should be encouraged and expanded, not restricted.

We appreciate your leadership on this issue and respectfully urge you to resist efforts to include proposed anti-advocacy provisions in the Federal Housing Finance Reform Act of 2005 (H.R. 1461) that would abridge the right of charitable organizations to use privately contributed dollars to support advocacy and nonpartisan electoral activities in accordance with their missions and in service to their beneficiaries.

cc: Representative J. Dennis Hastert, Speaker of the House
Representative Roy Blunt, Acting Majority Leader
Representative Nancy Pelosi, Minority Leader
Representative David Dreier, Chair, Rules Committee
Representative Louise Slaughter, Ranking Member, Rules Committee

Organizations Signing on to this Letter:

Alliance for Children and Families
American Association of Museums
American Society of Association Executives
The Arc of the United States
Association of Art Museum Directors
Bayer Center for Nonprofit Management at Robert Morris University
Catholic Charities USA
Center for Lobbying in the Public Interest
Community Action New Mexico
Community Anti-Drug Coalitions of America
Council on Foundations
Demos: A Network of Ideas and Action
Donors Forum of Chicago
Girls Incorporated
Goodwill Industries
Groundspring.org
Independent Sector
Jewish Federation of Metropolitan Chicago
JVS - Southfield, Michigan
Michigan Nonprofit Association
National Alliance for Choice in Giving
National Health Council
National Low Income Housing Coalition
National NeighborWorks Association
Nonprofit Coordinating Committee of New York
Ohio Jewish Communities
The Pew Charitable Trusts
Rochester Area Community Foundation
The Salvation Army, USA National Headquarters
The Sierra Club Foundation
Tides Center
Tides Foundation
The Trust for Public Land
UJA-Federation of New York
United Cerebral Palsy
United Jewish Communities
United Way of America
YMCA of the USA

Last Updated: October 28, 2005