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CJF Sounds Warning Bells Against Advocacy Legislation

October 31, 1995
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Legislation rapidly making its way through Congress could force many Jewish organization to choose between political advocacy and millions of dollars in federal grants used to aid refugees, seniors and poor Americans.

A new version of the measure, which would restrict advocacy and lobbying activities by federal-grant recipients, emerged last week.

It is legislation whose impact has moved, in the words of one Jewish activist, from “bad to devastating” for many Jewish organizations.

“This is a major crisis” that could affect many Jewish organizations,” said Diana Aviv, director of the Council of Jewish Federation’s Washington Action Office. “This would be a totally new ball game.”

The House of Representatives could vote as early as this week on the measure. The battle would then shift to the Senate.

With this in mind, Jewish activists and their counterparts in the not-for- profit community – the major targets of the legislation – have launched an all- out campaign to stop the measure from becoming law.

In a just-issued action alert to local federations, Council of Jewish Federation officials said it is “essential” that local Jewish officials contact their senators and representatives to vote against the measure.

The restrictions under consideration “could severely limit CJF’s member federations’ and their agencies’ ability to communicate with public officials at the federal, state and local level,” the communique warned.

The latest version of the Istook amendment, named after its chief sponsor, Rep. Ernest Istook (R-Okla.), would limit total spending on political advocacy on the federal, state and local level to a maximum of $1 million annually.

More significantly, it lumps together spending by all affiliated organizations that receive federal dollars.

Thus, all money spent on advocacy by local federations and their constituent agencies that receive federal funds – such as the Hebrew Immigrant Aid Society and Jewish vocational services – would be combined with activity by the Council of Jewish Federations in calculating the total amount spent.

Proponents of the measure charge that federal grants free up organizational resources for lobbying and campaigns against the same Congress that grants the money in the first place.

This amounts to “welfare for lobbyists,” they charge.

Opponents argue that existing law prevents not-for-profits from spending federal dollars on lobbying and that advocacy is an integral part of their mission.

The measure is “a rather blatant attempt to silence dissent and to muffle the diversity of opinion in the forum of public debate,” Sen. Carl Levin (D-Mich.) told his colleagues last week.

Under the latest proposal, which is an amendment to the Treasury-Postal appropriations bill, the entire Jewish federation system would be in violation of the spending limit, according to CJF officials.

Although officials said they could not begin to calculate the total amount now spent on lobbying and advocacy by all federally funded Jewish organizations, they said there is no doubt that it would exceed $1 million.

An earlier version of the legislation, which had also set off alarm bells, sought to cut off funds to individual organizations that spent more than 5 percent of their budgets on advocacy.

Under the new scenario, federations could face a choice between millions of dollars in federal funds or advocacy, activists say. The measure expands existing restrictions on the political activism of not-for-profits.

Currently, the Internal Revenue Service limits the amount of time and money not-for-profits can spend lobbying member of Congress.

Under current IRS tax codes, individual not-for-profits organizations are limited, according to a sliding scale, up to a $1 million cap on lobbying activity.

The new measure not only expands these restrictions to include political advocacy in general – such as action alerts and grass-roots activism. It also includes advocacy on the state and local level. The measure could impact all Jewish organizations that receive any federal money, no matter what the amount.

For example, when HIAS officials meet with State Department officials on immigration issues, that would be considered advocacy. Anytime an elected state official requests information from a Jewish federation agency, that, too, would be considered advocacy.

Beyond federation agencies, B’nai B’rith is another major Jewish organization that would be severely affected by the legislation.

President Clinton has told members of Congress he would veto the bill if it includes the current restrictions of advocacy.

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