What We're Tracking in DC
Ways and Means Markup of Legislation Impacting Nonprofits
On Wednesday, the House Committee on Ways and Means held a markup of four bills that impact the tax-exempt sector. The Council opposed three of the bills:
- The Fiscal Sponsorship Transparency Act (H.R.9721/S.5083), which would create a new definition of fiscal sponsorship arrangements and require detailed reporting on each of a nonprofit’s fiscally sponsored projects. It also includes penalties for improper conduit arrangements.
- The Foreign Funding Transparency Act (H.R.9772), legislation that would require nonprofits to report aggregate donations from foreign nationals on their Form 990, as well as donations from each foreign country of concern.
- The Stopping Foreign Influence in Elections Act (H.R.9771), which would bar 501(c) organizations that have received donations from foreign nationals from contributing to political entities in the two years following those donations. It also defines political committees and 501(c)(4)s as political entities.
The Committee approved all three of these bills along party lines, along with the Fair Treatment of Religious Organizations Act (H.R.9722). Ahead of the markup, we released a letter detailing our concerns with the Committee. Rep. Judy Chu (D-CA) entered the letter into the record, which was noted by other members, along with some of our concerns, during the markup.
Overall, the markup highlighted disagreements between committee members on both sides of the aisle. Republicans discussed continued concerns around foreign nationals using American nonprofits to obscure political influence, as well as a lack of transparency in fiscal sponsorship arrangements. Democrats raised the undue administrative burden these bills would cause as well as potential harms to civil society.
To become law, the full House and Senate must both pass these bills. As of Friday morning, only one of them—the Fiscal Sponsorship Transparency Act—has been introduced in the Senate. We continue to monitor all legislative activity that impacts the tax-exempt sector and will share further updates in Snapshot.
Please reach out to govt@cof.org to share how these bills might impact your work or with any questions.