Istook Amendment: Fact Sheet

• Representatives Istook (R-OK), McIntosh (R-IN), and Ehrlich (R-MD) have introduced legislation aimed at restricting the advocacy activities of organizations that receive federal grants. The amendment has been revised a number of times. The following points reflect only the most current language.

• The amendment expands the definition of advocacy to include any attempt to influence legislation or agency activity at the local, state, or federal level or participation in judicial activities. It also includes, but is not limited to, monetary or in-kind contributions, preparation and planning activities, research and other background work, and endorsements.

• The amendment would also require national organizations and their affiliates to be treated as a single entity under IRS code. Thus, if any organization within the affiliated group received a federal grant, all would be subject to the provisions of the legislation.

• The amendment exempts organizations which spend less than $25,000 on political advocacy.

• The original language, which included a five percent cap on lobbying expenditures for federal grantees, was adopted by the House as part of the FY 1996 Labor-HHS-Education Appropriations bill. Rep. Istook attempted to attach that language to the Senate Treasury/Postal Appropriations bill, but was ultimately unsuccessful. However, the revised amendment was included in the continuing resolution, which passed the House November 8.

• The amendment would impede the work of the American Cancer Society. The American Cancer Society has 57 division offices plus a National Home Office, each considered a separate entity under current IRS rules. Under the compromise plan, national organizations and their affiliates would be treated as a single entity. As a result of this IRS change, the entire organization would be subject to sever restrictions on the amount it could expend for advocacy activities.

• The amendment would prevent the American Cancer Society from working with coalitions. Historically, the American Cancer Society has joined with other health care organizations throughout the nation to fund and administer a wide range of cancer control and education programs. Under the new restrictions, the American Cancer Society would be prevented from working with other organizations who engage in substantial political advocacy. The result could mean fewer breast cancer control programs or fewer colorectal cancer screening programs.

• The amendment would eliminate important public-private partnerships between the American Cancer Society and the government (if the American Cancer Society were forced to stop receiving grants because of the amendment). The American Cancer Society, as the largest voluntary health organization in the U.S., has the expertise and infrastructure to carry out cancer control and education efforts. Federal and state health agencies frequently look to the American Cancer Society, and organizations like us, to help administer these programs. For example, we have worked in cooperation with the National Cancer Institute to implement ASSIST, a program which has successfully reduced tobacco use among children and youth. We have also worked with the Centers for Disease Control and Prevention to develop the Breast and Cervical Cancer Control Program which provides essential health services to high risk, medically underserved women. Without these valuable partnerships, federal, state, and local governments will be forced to use more of their own scarce funding or provide fewer services.

• The amendment would impose burdensome new regulations and paperwork on American Cancer Society divisions. American Cancer Society divisions have a minimal staff. The Istook amendment would not only require division staff to keep track of practically every communication they have on a public policy issue, it would require the staff to spend valuable time investigating the lobbying activities of every organization they do business with.

The American Cancer Society believes legislation aimed at curbing the advocacy voice of nonprofit organizations is unnecessary and in conflict with fundamental principles of democracy. The American Cancer Society supports and complies with existing laws which prohibit the use of government funds for direct or indirect lobbying costs.

Action Requested

Write to your two Senators and to your Representative today. Tell them you are strongly opposed to the Istook amendment in any form because of its broad impact on nonprofit organizations like the American Cancer Society.

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