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  PANO
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  Harrisburg, PA 17111

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Federal Legislative Activity

We have restructured our public policy section to show issues by topic. Visit our index here.

 

Other Federal Issues

 

Bankruptcy Protection to allow for Charitable Donations (2006)

Bush Order Limits Agencies “Guidance” (2007)

Combined Federal Campaign (2006)
Do Charities Serve Diverse Communities? (2007)
Independent Sector (IS) Announces Value of Volunteer Work for 2006 (2007)

National Council of Nonprofit Associations- Blueprint for Action (2005)

Postal Rate Increase Announced (2007)

State Children’s Health Insurance Program (2007)
Student Loan Forgiveness for Nonprofit Employees (2007)

Urge Congress to Approve IRA Rollover Provision 
 

State Children’s Health Insurance Program

10/10/07 Urge Congress to Override President’s SCHIP Veto; Deadline extended to October 15. Sign-on to Urge Congress to Override the President’s SCHIP Veto before the October 15 deadline. Help the Coalition on Human Needs bring much needed healthcare coverage to 4 million new uninsured American children.

The President vetoed the children's health insurance bill and has threatened to veto appropriations bills that fund critical human needs programs. The US House will vote to override the President's State Children's Health Insurance Program (SCHIP) veto on October 18.

Sign your organization's name to the letter by October 15, and encourage others to do the same. Pennsylvania is one of a dozen states whose Congressional votes can make the difference.

Individuals are asked to urge Congress to override the President’s veto. Go to the Coalition on Human Needs ACTION ALERT.  For more information on the Coalition on Human Needs go to http://www.chn.org/

9/25/07 House Passes SCHIP Re-authorization Bill; But Falls Short to Override. Presidential Veto. After a heated floor debate the US House of Representatives voted to reauthorize the State Children’s Health Insurance Program (SCHIP) by a vote of 269 to 159. While this vote is sufficient to pass the bill in the House, the vote falls short of the 290 votes needed (2/3 majority) to override the President’s veto threat. H.R.976 would reauthorize Federal funding for the Children’s health insurance program for the next 5 years. This bipartisan bill would provide healthcare surgical, dental, mental health and prenatal care for 10 million children from low income families. Children of illegal aliens are not entitled to receive benefits, but critics claim that the enforcement mechanism is weak. The Senate will take up SCHIP later this week. Because SCHIP funding is expected to expire in 5 days, an extension will be provided through a Continuing Resolution (CR) on Wednesday. The President will not veto the CR. For a summary from the Center for Budget and Policy Priorities go to http://www.cbpp.org/9-25-07health2.htm For an explanation of misleading statements by the Administration go to http://www.cbpp.org/9-20-07health.htm

 

Do Charities Serve Diverse Communities?

 

9/25/07 US House W&M Hearing Asks “Do Charities Serve Diverse Communities?” On September 25, the US House Ways and Means Oversight Subcommittee held a hearing examining whether tax-exempt charitable organizations adequately serve the needs of diverse communities. Oversight Subcommittee Chairman John Lewis (D-GA) asked the hard questions “how well do charities serve the needs of our diverse communities?” and “how can we serve their needs better?” While one witness from the Urban Institute demonstrated statistically that people of every economic, racial, and ethnic group give and volunteer to nonprofit organizations, an additional witness spoke about the mismatch between philanthropy and need.
House Ways and Means Hearings   
Chronicle of Philanthropy Article

Student Loan Forgiveness

9/28/07 President Signs College Cost Reduction and Access Act; Nonprofit Employees Get Student Loan Relief. The President Signed the largest investment in higher education since the GI Bill today, the College Cost Reduction and Access Act will apply to 501(c)(3) nonprofit employees.  Charity employees are eligible for college loan balance forgiveness after 10 years of payments under an income contingent repayment plan.  Many restricts will likely apply, but this is a major investment in affordable education for both the public sector and the nonprofit sector.  H.R.2669 is now Public Law No: 110-84.  

Summary of the bill from the US House Committee on Education and Labor
Summary of the bill as it passed the Senate amended (7/20/2007)

9/11/07 Congress Passes Student Loan Bill with Debt Relief to Nonprofit Employees. The Senate passed legislation that would cut over $20 billion in federal subsidies to institutions that create student loans in order to increase financial aid to college students. In the largest investment in higher education since the GI Bill, the College Cost Reduction and Access Act (H.R. 2669) offers Student Loan Debt Relief to nonprofit employees. On September 7, both houses of Congress approved the conference committee report for H.R. 2669 that would include employees of 501(c)(3) organizations as 'public sector' employees for purposes of a new loan forgiveness provision. The legislation includes workers for 501(c)(3) tax exempt organizations as a 'public sector job' making the individual eligible for loan balance forgiveness after 10 years of payments under an income contingent repayment plan. The bill also provides interest rate reductions on subsidized student loans, caps on required repayments based on available discretionary income, and - increasing Pell Grants in amount and broadening eligibility. The President is expected to sign the bill. 
Conference Committee Report
For the summary of the bill that passed the House on July 17, 2007- (the latest summary available) 

7/23/07 House Bill Offers Student Loan Forgiveness for Nonprofit Employees. The College Cost Reduction Act of 2007 (HR 2669) is making its way through Congress right now. The bill may need a push from us to ensure that employees of 501(c)(3) organizations can take advantage of a provision geared towards supporting students in loan repayment. Further information is below.

Under current law, “income contingent” repayment plans are available to anyone having trouble repaying student loans. The individuals need only opt to pay back student loans based on an affordable percentage of their salary. Unpaid amounts are to be forgiven after 25 years.

The House version of HR 2669 would allow the individual to repay student loans based on an affordable percentage of their salary, but forgive unpaid amounts after 10 years if working for an eligible employer. Eligible employers include federal and state government, specific social and emergency services, 501c3 organizations, and others. HR 2669 passed the House on July 11 by a 273-149 margin.

The Senate version of HR 2669 is similar to the House version but does not include the 501(c)(3) provision. Some 501(c)(3) organizations may be included through other categories such as social and emergency services, but most 501(C)(3)’s are not considered eligible employers. HR 2669 passed the Senate July 20 by a 78-18 margin.

Both versions of HR 2669 were referred to conference Committee to reconcile the House and Senate differences. A conference report is expected before the August recess. It is uncertain whether the 501(c)(3) provision (as appears in the House version) will remain in the final bill.

As the costs of a college education continues to rise, nonprofit sector wages fail to keep pace with for-profit sector wages, young people are being driven away from the nonprofit sector. For so many young people saddled with student loan debt, it is becoming increasingly difficult to seriously consider jobs with nonprofits, especially smaller local organizations that typically offer lower salaries. According to a recent survey, over two-thirds of Philadelphia’s Nonprofit Executive Directors plan to leave their positions within the next three years 2010.

By extending loan forgiveness to 501(c)(3)’s HB2669 would make a career in nonprofits a feasible and attractive option for many of Pennsylvania’s best and brightest.

Please contact your Member of Congress and urge the Conference Committee to preserve the House 501(c)(3) provision in HR2669. It is essential that the final version of this bill includes student loan forgiveness for charitable nonprofit organizations.

4/4/07 Independent Sector (IS) Announces Value of Volunteer Work for 2006. IS has just released their calculation for 2006 estimating the value of a volunteer work at $18.77 per hour. Many organizations find this estimate helpful in quantifying the enormous value volunteers provide. For more information, go to http://www.independentsector.org/media/20070330_Volunteer.html.

3/30/07 Postal Rate Increase Announced. The USPS issues final rule and announced a postal rate increases. The New standards for domestic mailing services final rule (POSTAL SERVICE 39 CFR Part 111) is an attempt by the USPS to recognize the impact on costs of different shapes, and try to maximize economic efficiency within the mailing industry. The new rates are effective as of May 14. For a copy of the rates, go to http://www.usps.com/ratecase/

 

1/18/07 Bush Order Limits Agencies “Guidance.” President Bush issued an executive order sharply curtailing the power of agencies to regulate industry through issuance of "guidance". Guidance is the informal advice provided by Federal Agencies clarifying the regulations. Federal Agencies issue guidance to interpret key policy and technical questions, often at the request of industry. Guidance is not an official rule and is not legally binding. However, businesses including charities, pay close attention to it.

While some argue that this is a power grab by the president, others argue that the use of guidance has gotten out-of-hand and should be subject to oversight by the OMB. The Labor Department's Occupational Safety and Health Administration, for example, issued 574 guidance documents between 2001 and 2005, many directed at the construction industry.

The order requires agencies to state in writing "the specific market failure" that the new rule intends to cure, to project the cost of a new rule; to request and receive prior approval by the White House Budget Office for any new rule with economic impact of over $100 million, and to make such rule available for public comment.

OMB Watch has more information about this here: http://www.ombwatch.org/article/articleview/3685/1/132?TopicID=3.  President Bush’s Executive Order is here: http://www.whitehouse.gov/news/releases/2007/01/20070118.html.

1/17/07 US House Ways and Means Committee to hold January 23 hearing on how US economic growth has resulted in income inequality, and low wages. New House Ways and Means Committee Chairman, Charles Rangel (D-NY) announced Tuesday that the Committee will hold the first in a series of hearings on the economic condition of the U.S. economy. The hearings will examine the current state of the economy, the cost of poverty on the American economy, the impact of globalization on American workers, economic pressures on the middle class, and whether all Americans have shared in the benefits of the economic recovery since the last recession. For more information go to House Ways & Means Committee at http://waysandmeans.house.gov/hearings.asp?formmode=view&id=5387

10/11/06 U.S. House May Consider Bill Protecting Charitable Donations from Bankruptcy. The House is expected to consider S. 4044 a bill to allow individuals in bankruptcy to give to charities and churches even though they are bankrupt. The Senate passed S. 4044 in September. The bill is designed to correct problems caused by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Courts have interpreted the language in this Act to prohibit individuals in bankruptcy who have incomes above the median level to continue to give to charities or tithe to churches while they are in bankruptcy.


10/11/06 OMB Watch Launches Online Federal Spending Database. OMB Watch launches much anticipated online database allowing you to search, aggregate and analyze all federal spending, (www.FedSpending.org). The data comes from the Federal Procurement Data System (FPDS), which contains information about federal contracts; and the Federal Assistance Award Data System (FAADS), which contains information about federal financial assistance such as grants, loans, insurance, and direct subsidies like Social Security. We encourage you to explore this data and to use this data to hold elected leaders and government agencies accountable for their policy choices and their actions. For more information go to http://www.ombwatch.org/article/articleview/3608/1/2?TopicID=

Simultaneously, President Bush recently signed into law the Federal Funding Accountability and Transparency Act (S. 2590). This new law requires the Office of Management and Budget to create and maintain a searchable public database disclosing all federal grants, loans, and government contracts. The government website will not be online until January 2008.

The differences between the two websites, OMBWatch’s website (www.FedSpending.org)  and the government website (www.expectmore.gov), are numerous. The government database will broaden the scope of information to cover all federal spending, while FedSpending.org is limited to the FPDS and FAADS databases. The government database is required by law to post updated information within 30 days after being assigned the information, while FedSpending.org will only be updated every six months. The government database will also be expanded by 2009 to include subcontract and subgrants.


CFC

3/14/07 Office of Personnel Management Lifts CFC Cap on Fundraising Overhead. The Office of Personnel Management (OPM) lifts overhead spending restrictions on fundraising in the Combined Federal Campaign (CFC). The OPM which administers the charity drive, dropped the requirement that charities spend no more than 25 percent of their revenue on fundraising and other overhead expenses.

In a March 12 news release, OPM Director Linda M. Springer, offers assurances that the CFC remains a program that federal employees can support with confidence, and that each participating charity must meet stringent eligibility and public accountability requirements. While she acknowledges concerns about the elimination of the 25 percent administrative and fundraising rate (AFR) requirement to participate, she notes that numerous organizations in prior years have participated in the CFC with AFRs in excess of 25 percent. Those organizations provided an accepted explanation and a plan to reduce their AFR. For a copy of the OPM news release go to http://www.opm.gov/news/opm-director-linda-m-springers-statement-on-the-combined-federal-campaign-cfc,1157.aspx

Senate Finance Committee Ranking Member Charles E. Grassley (R-Iowa) opposes the CFC rule change, and may actively oppose it by discouraging federal employees from giving. For Senator Grassley’s March 12 news release go to http://finance.senate.gov/press/Gpress/2007/prg031207.pdf

12/13/06 CFC Removes Anti-Advocacy Requirements from Qualification Regulations. This week, the Combined Federal Campaign (CFC) announced that it will remove anti-advocacy requirements from their qualification regulations. Previously, to be eligible to receive donations through the CFC, organizations applying to participate were required to certify that "the organization has no expenses connected with lobbying and attempts to influence voting or legislation at the local, state, or federal level, or, alternatively, that those expenses would classify the organization under U.S.C. 501(h)." Thanks in part to the work of the Alliance for Justice, the regulations have been changed to remove lobbying restrictions. Copy of the new regulations.

 


NCNA

 

PANO is a member of the National Council of Nonprofit Associations (NCNA). For other updates, visit their public policy website

The Nonprofit Agenda: A Blueprint for Action, national policy recommendations from the Nonprofit Sector written by the National Council of Nonprofit Associations with input provided by many state associations including Pennsylvania, was recently sent to all Pennsylvania representatives to the United States House of Representatives as well as Senator Arlen Specter and Senator Rick Santorum. These recommendations will help to strengthen the ability of nonprofit organizations in Pennsylvania to serve and advance their communities. This document provides national policy recommendations that, if implemented, would go a long way in supporting and sustaining efforts to assure that all citizens in Pennsylvania lead productive and healthy lives.

For more information on the Nonprofit Agenda: A Blueprint for Action visit: http://www.ncna.org/index.cfm?fuseaction=Page.viewPage&pageID=

For more information please contact David Ross, PANO Policy Officer


PANO Legislative Action Center: This page includes links to legislation PANO is tracking, information on elected officials, government agencies, media contacts, voter registration and more.

Legislation in California relating to charities that raise funds may impact your organization if you solicit in that state.  Read attorney Janice Anderson’s summary of this legislation.



None of the information on the PANO Website should be deemed legal advice or should be acted upon without prior consultation with appropriate professional advisors.

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