CIL

Administrative Memorandum No. 10-27

January 1999

Revised: July 1999, March 2001

General Office Section

Lobbying

Purpose:To inform CIL Employees, Volunteers, Advisory Board, and CIL Board members about the types of activities that is allowed and is not allowed under Federal Laws and Regulations, which apply to non-profit organizations in regards to lobbying.

General

Information:Lobbying includes any and all activities in which influence legislators opinions, Laws, elections, support of a political party, campaign, political committee, or organizations that may influence the out come of an election. According to Federal Regulations nonprofit organizations such as CIL are allowed to lobby. But the types of lobbying activities that are permissible vary depending on whether they are supported with Federal or Non-federal funds. IRS Regulations applicable to non-profits may further limit these activities.

Procedure:As a non-profit organization CIL may engage in lobbying activities but needs to follow the Federal guidelines.

  1. What are the regulations that 501 (c) 3 organizations must follow with regards to lobbying activities?

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The federal government requires granting and contracting agencies to follow the guidelines in the “Office of Management and Budget (OMB) Circular A-122.” ILC’s may follow the guidelines under IRS code ‘Section 501 (h) and 491 (I).

According to the Lobbying and Disclosure Act of “95" (P.L. I04-65) ILC’s can employ or set aside funds for lobbying activities.

  1. What type of lobbying activities are not allowed or supported with Federal Funds?

· Influencing the outcome of any federal, state, or local election or laws

· Support in anyway of a political party, campaign, political action committee, or any other organization who may influence the out come of elections.

· Influencing the introductions, enactment, or modification of any Federal, State, and Local Government Legislation.

· Legislative liaison activities in support of unallowable lobbing acts.

· Any attempt to influence an Executive or Legislative branch officials.

  1. What type of lobbying activities may be supported with Federal Funds?

· Presentation as a testimony, statement, or letter to a response to a documented request and only then if the information for the presentation is readily available.

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· Influence state legislation, to reduce the cost of performing the grant or contract to avoid impairing the agencies ability to do so.

  1. Can 501 (c) 3 Centers lobby?

· Yes, direct lobbying does not include activities such as: educating decision makers about issues that are important to persons with disabilities, administrative lobbying, surveying the candidates for office, attending public hearings, or testifying if requested by legislative committee in writing, also nonpartisan analysis and self-defense lobbying all qualify as exceptions under IRS regulations.

· Also, according to IRC Section 501 (h), IRS requires the centers to file an annual report on lobbying activities. This law allows centers to use up to 20% of their funds for lobbying depending on the size of the organization’s budget.

  1. Advocacy Vs. Lobbying

· Title VII of the Rehabilitation Act defines advocacy as “ pleading n individuals cause, speaking, or writing in support of an individual...” Advocacy maybe on behalf of a single individual, group or class of individuals.

Note:In this context “pleading” is used as a legal term, which means, “ A formal statement set forth in defense of a case.” (Random House Dictionary)

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· In other words advocacy is taking action to convince others that your cause is right and getting them to join you in support of your cause.

· Lobbying is activity that pleads and defends a cause in order to influence in a specific purpose in which one convinces legislators to vote a certain way on a specific issue.

  1. Read the attachment for additional information regarding lobbing activities and non-profit organizations. If you have questions about the Regulations they are available on the internet at www.whitehouse.gov/wh/eop/omb/hml/circulars/a122/a122.htlm for OMB A122 and www.law.cornell.edu/uscode/26/4955.html for IR Code (P.L. 94-455). The attachment also lists the address on where to find the regulations.

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Executive Director