2004 Chapter Government Relations Manual

Transcription

1 2004 Chapter Government Relations Manual Association of Fundraising Professionals 1101 King Street, Suite 700 Alexandria, VA (800)

2 Introduction: Why Your Chapter s Participation in Government Relations is Critical Government regulations and public policy are playing an increasingly important role in the daily life of a professional fundraiser. The enhanced competition for the charitable dollar, the tremendous growth of the sector, heightened concerns over accountability and even controversies in the for-profit sector have increased the government s interest in regulating the fundraising and philanthropic process. To a certain extent, this increased attention is good for the charitable sector. That fundraisers and charities can point to their compliance with appropriate laws is an important way of increasing donor confidence and trust. As lawmakers understand more about fundraising and what fundraisers do, they are more like to propose legislation that will be helpful and encourage charitable giving. But sometimes, legislation and regulations can swing the pendulum too far. Instead of weeding out the bad apples or prohibiting clearly unethical activities, proposals can often make legitimate fundraising more difficult and burdensome, and in the worst cases, even impossible. A good example is privacy. The right of the individual to privacy is critical, but it must also be balanced with the ability of charities to obtain the funds they need to run their services and programs. Several years ago, proposed national regulations would have prevented the use of basic contact information (name and address) of patients by health organizations for fundraising purposes without the individual s express consent. This regulatory regime would have dramatically reduced the effectiveness of these organizations fundraising efforts. Fortunately, as a result of AFP s efforts, the regulations were amended to allow legitimate and ethical fundraising to continue with little burden. Privacy is just one example. Fundraising costs, disclosure requirements, registration, accountability every day, legislation is introduced on these and other topics that swing the pendulum too far and makes a fundraiser s job more difficult. Sometimes the pendulum swings too far because of ignorance. Often, legislators do not understand how their proposals will impact fundraising. Other times, an especially bad scandal or controversy will trigger legislative overkill, resulting in proposals that have serious unintended consequences. As the largest community of fundraising practitioners in the world, AFP is committed to advocating for public policy that helps, not hinders, the fundraising profession in meeting the needs of our society today. Through its Public Affairs Department, AFP works directly with members of Congress and state legislatures to ensure that the voice of the fundraising profession is heard. 2

3 While AFP s direct lobbying is important, a critical aspect of its government relations program is educating and activating its membership. There are hundreds of thousands of organizations trying to get their voices heard in the public policy process. Time and time again, the one proven way to get the message out is through grassroots activity: local members meeting with their local government officials on issues that impact local organizations and charities. One of AFP s key public policy goals is to increase the role of its chapters in the government relations arena. Chapters can have tremendous influence by showing how legislative and regulatory proposals will affect the local community. They can show all of the good things that fundraisers make possible. They can encourage officials to introduce legislation that is positive for fundraising and will increase charitable giving. The key person on the local level for government relations is the chapter s government relations chair. The chair is responsible for keeping members informed of local and national legislative and regulatory concerns related to the fundraising profession. In addition, the chair should take a leadership role in encouraging the chapter and individual members to contact appropriate government officials. This manual is designed to assist the government relations chair in his or her duties. It not only details the role and responsibilities of the chair, but includes a variety of information about the legislative process and how to get your chapter more involved in government relations. Much of this material is designed to demystify the public policy process and help chairs gain a better understanding of their role and how they can best perform their duties. AFP hopes this resource is helpful during your tenure as chapter government relations chair. Should you have any questions about the manual, please contact the AFP Public Affairs Department at or paffairs@afpnet.org. Thank your for your participation and involvement with AFP and its government relations program. 3

4 Table of Contents Executive Summary 5 Developing a Chapter Government Relations Program The Legality of Lobbying 6 An Overview of AFP s Government Relations Program 7 Roles and Responsibilities of GR Chairs 8 Getting Started 9 Activities 11 Secrets of a Successful Program 13 The Legislative Process 16 Monitoring Issues 19 Helpful Websites 20 Vote for Philanthropy 21 Conclusion and Overview 22 Appendices I. Communicating with Officials (Letters & Meetings) 23 II. The Importance of Staff 28 III. Legislative Workshops 30 IV. Chapter Lobbying Day 31 V. Documents (Invitations, Thank You Letters, Chapter Meeting Information Form, Key Contact Sheet) 37 4

5 Executive Summary (How to Use This Manual) AFP s Chapter Government Relations Manual contains a lot of information about developing a chapter s government relations program. However, chapter chairs should not be intimidated by the material, especially if you are new to the public policy arena. This document is meant to be a guidebook and resources for chapter government relations chairs. It does not need to be read all at once, and chairs will refer to some sections more often than others. The first few pages provide a good overview of the government relations chair function and the purpose of AFP s legislative and regulatory programs. It will help orient chairs to their essential responsibilities and give them a sense of what AFP is doing more broadly on the national and international levels. The heart of the manual is pages 8 through 20, which contain information and tips on running your chapter s government relations program. These are good pages to read and even re-read to get a good feel as to the types of activities your chapter can be conducting. The section on The Legality of Lobbying is also important, as many members will probably be concerned about their participation in these activities and if it might affect their organization s tax-exempt status (No!). The rest of the manual contains appendices on a variety of specific issues. The first two appendices, Communicating with Officials and The Importance of Staff, chairs will find critical as they set up meetings and work with staff. The other appendices will prove more useful as chairs develop AFP activities related to government relations, such as Chapter Lobbying Day. AFP International Headquarters does not expect chapters to begin extensive government relations programs immediately. The development of legislative and regulatory initiatives on the local level takes time. However, we hope that this document will help you start such programs and provide solid guidance and suggestions as your programs develop. The Conclusion and Overview section provides a good summary of what chapters new to government relations can realistically hope to do in a year. This is the first chapter government relations manual that AFP has produced. It will undoubtedly be a work in progress and change from year to year as we edit, improve and refine its contents. We welcome your suggestions, questions or comments about this manual or any aspect of your chapter s government relations program. Please contact the AFP Public Affairs Department at (800) or paffairs@afpnet.org. 5

6 The Legality of Lobbying Chapters are often concerned about how much they can lobby, or even whether they can lobby at all. While it is good for chapters to be aware of what they can and cannot do, most of the time these limitations will not be an issue. To be absolutely clear, YES, chapters can legally lobby. AFP chapters are organized as 501(c)(3) entities under the Internal Revenue Code as are most typical charities. This designation means that lobbying cannot be the main activity a chapter performs, but they can certainly engage in some lobbying. The big question is, how much is legal? Unfortunately, there is no clear answer. Section 501(c)(3) of the Code says that charities may lobby, but not to any substantial degree. But despite numerous requests over the years to clarify and refine this statement, the IRS has refused to give any further guidance. Based on a few historical cases, many observers think the substantial limit is around five percent of a charity s annual revenue, but no one knows for sure. However, charities do have a second option. They can choose to select what is known as the H election, a sliding scale that pegs clearly how much a charity can spend on lobbying based on the organization s annual revenue. Since the H election law has a very narrow definition of what actually constitutes a lobbying expenditure, it is likely that most charities will never come close to the limit. Signing up to take the H election is easy. Chapters must fill out a one-page document (Form 5768) that can be downloaded from the IRS website under the tax forms box. Send it in to the IRS, and your chapter is ready to lobby without fear of reprisal or exceeding unknown limits. Another question that members often have is whether or not they can lobby on behalf of AFP, and if their lobbying jeopardizes their organization s exempt status. As U.S. citizens, members have the right to lobby their government on any issue. Accordingly, all members can lobby on behalf of AFP without jeopardizing themselves or their organization s tax-exempt status (there are a few exceptions, but they are extremely rare!). One final thought to remember. The international association is a 501(c)(6) and can legally engage in much more lobbying than a 501(c)(3) organization can. When AFP International Headquarters sends out s, alerts and other legislative materials, it is not considered lobbying by your chapter. When your chapter members contact a local government official in response to those s, it is not considered lobbying by your chapter. However, if your chapter follows up with its own about a legislative issue, then that would be considered lobbying by your chapter. 6

7 AFP s Government Relations Program: An Overview AFP s activities in the public policy arena are coordinated by the U.S. Government Relations Committee. The committee is comprised of members of the Association Board and Delegate Assembly, as well as other interested individuals. With assistance and guidance from staff, it helps to set and steer AFP s government relations and public policy agenda for the year. The U.S. Government Relations Committee meets in person and via conference call approximately five to six times per year. At each meeting, the committee discusses upcoming legislation and regulations, decides AFP s position on the issues, and determines if any action is needed. It will usually focus on national issues, but will occasionally take positions on state or local issues if a particular trend is occurring in many different communities. The Public Affairs Department at AFP s International Headquarters is the section within the AFP staff that is responsible for working with the U.S. Government Relations Committee. The Public Affairs staff monitors fundraising policy across the U.S. and meets and corresponds regularly with members of Congress, state legislatures and other bodies (such as the Internal Revenue Service). Staff also assists the committee in formulating strategies, preparing expert testimony and information briefs, and helping AFP members make contacts with federal, state/provincial, and local policy makers. Over the last several years, AFP s government relations program has addressed numerous issues, including: Internet Fundraising; Capital Gains Tax on Gifts of Appreciated Securities to Charities; Donor and Medical Records Privacy; Transferring Funds from an IRA to a Charity; Charitable Non-itemizer Deduction; IRS Oversight of Charities and Fundraising; and Charity and Fundraiser state/provincial registration. The U.S. Government Relations Committee is also involved in an ongoing initiative to further enhance AFP s government relations activities by encouraging members to become involved in the legislative process. One of the products of that initiative is this manual. 7

8 Roles and Responsibilities of Chapter Government Relations Chairs Each AFP chapter should appoint a Government Relations Chair who is responsible for keeping chapter members informed of important public policy issues related to philanthropy and fundraising. The Chair acts as a liaison between the chapter and the Public Affairs Department at the AFP International Headquarters. The responsibilities of the chair are as follows: Monitor local issues and report any developments to AFP s Public Affairs Department. Once AFP s International Headquarters is aware of the issue, the Public Affairs Department will notify the appropriate committee and other chapters as necessary, and assist in developing a strategy and response. Inform members of important developments and distribute appropriate materials in a timely manner. From time to time, AFP will send out alerts to its Government Relations Chairs that require immediate action. These Alerts should be copied and distributed to chapter members. Chapters are encouraged to have an e- mail tree or other system of streamlined communication in place. Publish articles related to government relations in the chapter newsletter. It is strongly suggested that Chairs write a column or article for their newsletter. Chairs can use the information provided in the monthly Public Policy Update (see the Getting Started section below for more information), or contact the Public Affairs Department for ideas and information on appropriate topics. Encourage members to write letters on public policy issues. Chairs should encourage members to write letters on pressing issues, especially if a legislative alert has been issued. All alerts will come with a sample letter, which members can use as a base for their own letter. On state/provincial issues, chairs should consider sending a letter to key officials from the chapter signed by the President and other chapter leaders. The Public Affairs Department can assist with these activities. Ensure at least one chapter meeting per year focuses on government relations. Chairs should work with other chapter leaders to see that at least one of the chapter s regular meetings focuses on government relations and public policy. Such a meeting can feature a presentation by a local elected official, a panel discussion of current issues, or any other related activity. Contact the Public Affairs Department for more ideas. These are the basic functions of a chapter government relations chair and are discussed throughout the manual. 8

9 Getting Started Many chapters may not have extensive government relations programs in place. The following activities and suggestions can help build a solid foundation for such a program and make your job as government relations chair much easier. 1) Sign up to receive via AFP s Public Policy Updates. The Updates, which are distributed to all interested members on a monthly basis, keep members informed on what s going on in the United States and Canada (both on the federal level and in the states and provinces) with developments related to public policy and fundraising. They are an invaluable source of information and can be used for articles in a chapter newsletter. To receive the Updates, go to the AFP website ( and click on the Discussions label on the right-hand side of the page under Member Gateway Quicklinks. Type in your name and address and click on Public Policy Updates. Once the information is submitted, you should begin receiving the Updates every month. 2) Review AFP s weekly ewire newsletter. The ewire, which is distributed to members on Monday of every week, contains stories and updates on issues of importance to AFP and the fundraising profession. There are often stories related to government relations in ewire, so be sure to look over the newsletter often. 3) Identify members of your chapter who are interested in government relations and can assist you in some of your activities, such as monitoring state legislation. Members who have served previously Government Relations Chairs may still be willing to help out. Working in a small, informal committee can be less stressful and provide more resources, experience, and confidence when working on government relations. Several chapters use this approach and have a small Government Relations Committee to oversee this area. 4) Query members of your chapter to see if they have contacts with any local, state, or federal officials. When an important issue arises, the most critical contacts are those personal relationships that chapter members may have with government officials and politicians. Those members may not always be willing to use and push their contacts for every issue, so it s important to prioritize and make sure to contact these members only when the situation absolutely warrants it. Use the Key Contacts Sheet (in the appendix) to note which members know which officials. 5) Get to know your legislators. Find out if they have any particular philanthropic or charitable interests. Nearly all legislators, both federal and state/local, have websites that list biographical data. Sometimes staff can provide this type of information as well. 9

10 Getting Started (cont.) 6) Gather government relations resource materials that will help members better understand the legislative process. Libraries will have information on local legislators, the function of various committees, departments, and agencies, and the legislative process (both at the state and federal levels). Some states publish a government handbook that contains such information. Others hold an annual orientation workshop at the beginning of each state legislature session. Attending such a session or getting these materials might not only benefit the chapter, but your own organization as well. You can contact the AFP Public Affairs Department for more information (paffairs@afpnet.org). 7) Use the Internet to keep informed of public policy developments. Almost all states now have extensive websites that allow individuals to search for bills related to a specific topic. Some sites have features that will alert users whenever a bill has been introduced that contains a particular keyword as defined by the individual. Using the Internet is a good way to keep informed of legislative developments. See the sections on Monitoring Issues and Helpful Websites for more information about monitoring issues and legislation. 8) Link with other nonprofit organizations that are involved in government relations and develop allies. An excellent group to keep in touch with is your state s association of nonprofit organizations or similar entity. While each nonprofit will have its own unique causes to address, fundraising issues cut across the sector and are often supported by a variety of groups. Make alliance when you can to enhance your efforts. AFP s Public Policy Department can help you make contact with appropriate organizations. 9) Plan how to integrate public policy into the chapter s everyday events and activities. Think long-term about planning to get government relations regularly integrated into your chapter s operations. Is it appropriate to get a local public official to make some introductory remarks at a National Philanthropy Day event or other chapter meeting? Is there enough interest to schedule a session related to public policy at a chapter conference? Other events may also be appropriate venues to integrate certain aspects of public policy and government relations. 10

11 Chapter Activities So you ve signed up for the Public Policy Updates, gathered some information about state politics, and maybe even started an informal Government Relations Committee for the chapter. You re ready to go, but what do you actually do? Below are some ideas and activities for starting an effective, pro-active chapter government relations program. Some are more complex and involved than others. Start easy and work your way up to activities like Chapter Lobbying Day! 1) Devote one chapter meeting every year to public policy. One of the key responsibilities of a government relations chair is to ensure that one chapter meeting every year focuses on the topics of public policy, government relations, lobbying and/or advocacy. One popular avenue is to invite members of Congress or your state legislature to speak. Even individuals in the charitable sector that follow public policy closely (e.g. lobbyists for charities or related groups) may be appropriate and can provide interesting information to chapter members. See the appendix on Legislative Workshops later in the manual for more ideas. 2) Give a report on public policy at every meeting where appropriate. Look to AFP s Public Policy Updates and ewire articles for guidance and direction. Many members may not have read the stories or just perused headlines, so reviewing recent articles is a good idea. The key is consistency (giving reports at each meeting) and constantly putting public policy issues in the spotlight. 3) Distribute all legislative alerts that you receive from the AFP International Headquarters. While members may have already received the alert directly from AFP, it is critical that chairs follow up with the chapter membership and encourage them to respond. Appeals from a local individual may sometimes carry more weight than an from the International Office. Chairs should wait a day or two before following up on legislative alerts, unless it s clear from the alert that action is needed immediately. 4) Ensure that articles related to government relations are included in your chapter s newsletters. Chairs should use material that is included in AFP s Public Policy Updates and ewire newsletter to write their own articles, or can simply copy articles from the Update to their own newsletter (although it s always a good idea to personalize and localize the article if you can). Don t worry about copyright the Updates and ewire are here to help you and your local chapter. So copy, edit, move around, and summarize to your heart s content. Some chapters just use short bullet points for issues related to government relations and send members to AFP s website for more information. Links to AFP s website are permitted and encouraged! 11

12 Chapter Activities (cont.) 5) Make a habit of regularly visiting your elected officials. Every chapter will be represented by one or more members of the House of Representatives and two U.S. Senators. The chair should lead a small delegation from the chapter to meet with these officials as well as state legislators and regulators. Even if there is no pressing issue, such a visit is an excellent opportunity to introduce AFP and begin to develop a relationship. The chapter should get assurances that if the official introduces a bill related to fundraising, the official will contact the chapter and get its perspective and feedback. The first visit is always the hardest to plan and conduct. But keep at it! You ll find that generally, they are relatively easy to arrange and don t take that long (government officials don t have a lot of time to meet with everybody). Plus, it s always nice to report at a chapter meeting that you met with the local Representative, Senator, state official, etc. These reports can create a lot of momentum for your efforts and perhaps attract other members interested in government relations. See the Communicating with Officials appendix for more information on setting up and attending a meeting. 6) Schedule a legislative workshop or Chapter Lobbying Day. Instead of scheduling a meeting with just one official, the chapter schedules meetings with many different officials throughout the day. Members of the chapter meet at the state legislature and spend the entire day meeting with officials and talking about important issues and legislation related to fundraising. This activity requires a lot of planning but can significantly raise the level of awareness about AFP, the chapter, and the profession. Information about both of these activities can be found later in this document. Appendix IV contains more information on Chapter Lobbying Day, while tips on setting up a legislative workshop or session is in Appendix III. 7) Identify ways to involve government officials with your chapter. Inviting them to a National Philanthropy Day event is one. Officials could be asked to issue proclamations for various chapter events. Officials could also be invited to tour the facilities of local nonprofits and get a first-hand look at how charities impact the community. Chapters should not forget about recognizing officials when they do something good. A well-timed press release about a legislator introducing a charity bill will do much to build goodwill towards your chapter. 12

13 Secrets of a Successful Government Relations Program Running a successful chapter government relations program is more of an art than a science. Because every state has different legislative cycles and priorities, what is successful for one chapter may be very different from for another. However, there are some universal tips and guidelines that may help guide chapters in developing their government relations programs. Slowly build the program and don t expect results overnight. Understand that public policy is not always an issue to which most members will naturally gravitate, unless there is a crisis or a very big opportunity. The connection between fundraising and public policy is not as clear as an activity related to increasing membership or National Philanthropy Day. But experience has shown that most chapters appreciate an effective government relations program, especially when the need is greatest. Don t expect to get the entire membership involved in government relations, but make sure members are hearing about issues on a consistent basis and are prepared to act when the situation demands it. It may be very helpful to recruit a small group of members who are committed to working on government relations. At its heart, lobbying is a lot like fundraising. Government relations, like fundraising, is all about creating relationships. Similar to cultivating a donor, a chapter should cultivate elected officials educate them about the profession and AFP, invite them to events and acknowledge them when appropriate. Becoming a resource to a legislator is helping them address their needs, whether it s research/anecdotal evidence ( How are local charities being affected by the economy? ); opinions and perspective ( How would this provision impact charitable fundraising? ); public relations (inviting an elected official to an National Philanthropy Day or other event); or public support for a bill (increasing public awareness of particular legislation). All of these activities are goals for the chapters and its government relations program. Try not to mix personal politics with issues and legislators. Many times, you may have to work with legislators and politicians with whom you do not agree with on many important issues. This can be difficult at times, but such is the nature of government relations. AFP s public policy goal is to help enact legislation that advances fundraising and philanthropy. That requires working in a bi-partisan fashion with all legislators and officials that support charitable giving. If philanthropy ever becomes a partisan issue, it would spell trouble for the entire sector. You are not doing your chapter, your organization and the profession any good by letting your personal views interfere with your work as government relations chair. Working with all parties is part of the job. 13

14 Secrets of a Successful Government Relations Program (cont.) Regulators are just as important as legislators. Once a law is passed, regulations still have to be written that explain how the law will be implemented. Officials on the regulatory side (such as your state charity officials in the Office of the Attorney General or Secretary of State) are very critical. While legislators will only be addressing charity issues on occasion, regulators are examining charitable activities all the time. Legislators often look to regulator for recommendations and advice before introducing bills. Getting to know your state s regulators can provide great insight about how the state views charities and what kind of government efforts may be initiated in the future. Most of the information in this manual applies equally to regulators. Know your allies and enemies. Before you begin any sort of lobbying, you should know which legislators, regulators, council members, etc. support you and which may have concerns and questions about your cause and organization. Some charities may not have enemies per se (who s against finding a cure for cancer?), but there may be individuals who have bones to pick with your cause, fundraising in general or the entire sector based on a previous bad experience. You may not know about these personal experiences and likes/dislikes until you meet with the individual, but the more you can find out ahead of time, the better. Most legislators have bios on their web pages that contain information that may be helpful. Work together. Chapters have limited resources, so work with other charities that have similar goals. Charities working on similar causes should form a coalition to strengthen their efforts and limit the work load of each individual organization. One charity works on Issue A, while another organization takes the lead on Issue B. In lobbying, there is rarely any sense in re-creating the wheel. Collaborations are more efficient and more powerful (after all, legislators want to see that your issue has broad appeal). Just as the AFP International Headquarters works in coalitions on national issues, chapters are encouraged to reach out to local organizations (a state association of nonprofits, other fundraising groups, etc.). Cultivate a champion. One inspired and dedicated legislator who will fight for your cause is better than ten or twenty individuals who are only lukewarm about your issue. It can take a while, but having someone who believes in your organization as strongly as you do, but who just happens to have a vote in the legislature, is a powerful asset. Again, look to past experiences (alma maters, services on boards, etc.) to find legislators who might make the right fit, but don t overlook anyone. Once you ve identified, that official should become your prime target. This is your major donor, so to speak, so cultivate him or her like one. 14

15 Secrets of a Successful Government Relations Program (cont.) Always be nice. Whether you win, lose or draw, always be nice and polite. Remember that as much as you may hate the opposition, they are people too and probably believe in their side as much as you believe in yours. You re probably not going to change their beliefs, so be polite and look for ways to work together if at all possible. Your enemy on one issue could be your ally on the next. Always be honest. Once you start providing half-truths or misstating facts, your credibility becomes suspect. And once that happens, lobbying is difficult if not impossible. If you don t know the answer to a question, say so and promise the person you ll get them the full and complete answer as soon as possible. Become an information provider. A recent study by Professor John Berry at Tufts University measured the lobbying effectiveness of 1,700 charities by examining how often government contacted them. The best predictor of government contact was in the context of information provision. If you get contacted a lot, you become part of the government s information base, says Berry. Thus, the goal of a charity in lobbying is to become an information partner with the government and be seen as an expert on the issues you work on. Berry encourages charities to forward to legislators information that they produce studies, analyses, reports, information about program impact, new trends and issues. Yes, it can be a little self-serving, but that s how the process gets started. Government can t contact you if they don t know you exist, Berry adds. Chapters should consider sending key legislators and regulators reports, releases and other information that they might find of interest. After all, they live in your community too and want to know what s happening and how they can help. Most of the time they may ignore you, but every now and then you may send them something that may be useful. Legislators particularly like studies and material that provide them facts and statistics about the communities they serve. Follow up. If you tell someone you re going to do something, do it and do it promptly. It s the only way to ensure your issue is getting the attention it deserves. Government officials, especially legislators, handle many issues every day. But it s your issue that needs to be on the front-burner. Following up with a phone call is a good way to continue cultivating a relationship and ensure your issue is being addressed. 15

16 How a Bill Becomes a Law: The Legislative Process The following describes how a bill in the U.S. Congress goes through the legislative process. Most states will have similar models. A bill can begin the process in either the House of Representatives or the Senate (although all tax bills are required to be introduced in the House). 1) Introduction of Bills Once a legislator sees a need to introduce legislation, his or her staff will write the legislative language. In the House, the bill is distributed to the Clerk of the House. In the Senate, the Senator must gain recognition of the Senate floor from the presiding officer and then announce the introduction of the bill. The bill is then numbered and referred to the appropriate committee for consideration. Most bill prefixes will have either HR in the House or S in the Senate (e.g., H.R. 7, S. 476). There are other types of prefixes (e.g., HJ Res. For House Joint Resolution, S Con Res. for Senate Concurrent Resolution), but these types of prefixes are rare and used for legislation that affects the operations of Congress or proposes amendments to the Constitution. 2) The Committee Process Nearly all bills are referred to the appropriate standing committee. Bills relating to charitable deductions and the oversight of charitable organizations are usually sent to the House Ways and Means and Senate Finance Committees. Bills generally receive the most scrutiny and analysis at the committee level, and this is where outside parties like charities can have the most impact on the bill. It is also where most bills stop in the legislative process. If the chair or a member of the committee is not interested in considering the bill, then it usually just languishes at the committee until the legislative session ends. If there is interest in the bill, then the chair of the committee usually refers it to a subcommittee for analysis and study. Hearings are often scheduled to get the opinions of outside parties. A subcommittee, after considering a bill, reports to the full committee its recommendations for future action on the legislation, including any proposed amendments. However, a bill doesn t have to be referred to a subcommittee and can be initially considered by the full committee. A markup is a meeting of the committee where it literally marks up the bill and proposes amendments. Once all amendments have been considered, the committee votes on whether to recommend the bill to the full body ( ordering a bill reported ). If substantial amendments have been made, then often a clean bill is introduced (with a new bill number) that incorporates all of the changes. 16

17 How a Bill Becomes a Law: The Legislative Process (cont.) 3) Floor Action Once a bill has been reported out from committee, it must be placed on a legislative calendar in order to receive consideration by the full body (either House or Senate). House and Senate floor action vary greatly. In the House, debate is much more limited and controlled. For each bill that is considered on the House floor, the House Rules Committee passes a rule defining how debate will occur (how much time, how many amendments, etc). The full House must vote to accept the rule. Debate then begins, and afterwards, the House votes on the bill. In the Senate, debate is much more open and is usually unlimited. Debate can only be halted if a three-fifths majority of the entire Senate agrees (a cloture vote). While in practice Senators often have working agreements on how long debate will last, debates on contentious issues can result in very dramatic cloture votes as one side seeks to filibuster (continue consideration so as to never have to vote on the bill) and the other seeks to end debate. 4) Action in the Second Body Once a bill is approved by one body, it is sent to the other chamber. The second body can pass the bill as it stands, reject the bill, or send it through its own legislative process. Often, the second body will be working on its own version of the bill and will simply ignore the bill passed by the first body. The second chamber may pass the bill as is or make only minor changes. If the other body agrees to the changes (if there are any), then the bill is sent to the President for his signature and enactment into law. However, if significant changes are made, or if both chambers pass two completely different versions of the same bill, then the legislation is referred to a conference committee. 5) Conference Committee At a conference committee, senior members of the House and Senate work out the differences between two different versions of the same bill. These members ( conferees ) usually try to compromise to reach an agreement, but many bills have been stuck in conference as neither chamber wants to budge on its version of the legislation. 17

18 How a Bill Becomes a Law: The Legislative Process (cont.) 6) Final Action Once a bill has been passed by the House and Senate in identical form, an enrolled bill is prepared in the chamber in which the legislation was first introduced. This enrolled version is signed by the Speaker of the House and president of the Senate, and then sent to the White House. The President has several options. He can sign the bill and it becomes law. He can veto the bill by refusing to sign it and returning it to Congress within ten days with a message stating his reasons. The president can also decide not to act. If the ten days expires and Congress is in session, the bill becomes law. If Congress has adjourned before the ten days limit, and the president has not acted, it does not become law (a pocket veto ). Congress can attempt to override a vote, but it requires a two-thirds majority in both bodies. 7) Regulations While not officially part of the legislative process, the development of regulations is a critical step in the creation of public policy that is often overlooked. Essentially, a regulation is how the executive branch of government decides how legislation will actually work. After all, legislation is simply what Congress or your state legislature wants to happen. But what the legislative branch wants and what the executive branch actually does are not always the same thing. After a bill is signed into law, the appropriate agency of the executive branch of government typically has a certain amount of time to develop regulations that will implement the law s requirements. For charitable fundraising laws, it is usually the Secretary of State or Attorney General, depending upon the particular state. After initial regulations are introduced, interested parties have a certain amount of time to file comments, and often hearings are conducted. Final regulations are usually issued at that point, but if the issue is especially contentious, a second round of draft regulations might be issued. The regulatory process is another opportunity for chapters to influence public policy. Legislation is often broad and does not always touch on all the details of a particular issue. Thus, regulations have to be very thorough and complex, and often organizations can affect the language of regulations so as to increase or decrease the impact of a law. If the executive branch does not necessarily agree with what the legislative branch did, or has a dramatically different interpretation of the law, it can make for some very interesting regulations. 18

19 Monitoring Issues One of the essential functions of a chapter government relations chair is to monitor legislation and regulations on the state and local level. AFP International Headquarters spends a lot of time monitoring hundreds of bills and regulations and analyzing which proposals are most likely to see consideration. However, just given the number of proposals across the country, it s important for chapters to monitor activities on the state and local level as well. On the federal level, members can track legislation in Congress using THOMAS, the online system from the Library of Congress. The address is (no www is needed). Bill numbers of key words can be entered into the search engine, and bill summaries, histories and complete text can be obtained through THOMAS. Most states now have online tracking systems as well that are open to the public, usually accessible at the website of the state legislature. Also, many systems allow users to create lists of priority bills and receive s when those bills move through the legislative process. If you don t know a specific bill number or simply want to see the types of bills that have been introduced that affect fundraising, the best keyword search to conduct is usually charitable solicitations. Other terms that often bring good results are charitable organization, charitable fundraising and occasionally nonprofit organization. If chairs see bills that are moving through the legislative process, they are encouraged to contact the AFP Public Affairs Department at (800) or paffairs@afpnet.org. AFP International Headquarters stands ready to help chapters analyze legislation, assess the impact, and activate members if a response is needed. Regulations can be tougher to monitor and track. However, there are generally fewer regulations that might be introduced at one time. Since regulations are created in response to newly created laws, chapters will generally have a good idea as to when they might be proposed (when a bill is signed into law, regulations will be forthcoming). The charities division of the Attorney General s or Secretary of State s office will often know what kind of regulatory proposals will be considered during the year. Check their website and/or give that office a call. Another good way of monitoring legislation and regulations is to get to know officials well enough so that they contact the chapter when they re considering issues related to charitable fundraising. It s not nearly as difficult as it sounds. Invite a charity regulator or staff person to a chapter luncheon, follow up with an every now and then, and you ll probably create a good contact who ll be happy to alert you to upcoming proposals. 19

20 Helpful Websites THOMAS: Congressional information site of the Library of Congress. Allows you to search for legislation introduced in the House and Senate. Contains links to the House and Senate websites, including committees and schedules for both bodies. Directory of U.S. Senators: Directory of U.S. Representatives: The White House: In the left hand column, there are links to various offices, including one for the Office of Faith-Based and Community Initiatives, which contains information on most of the President s charity initiatives. The Internal Revenue Service: A difficult site to navigate on occasion, but it does have some good information and guidance for charities, especially on valuing contributions and substantiation. Charity information can be found by clicking on Charities and Other Nonprofits in the left-hand column. THOMAS State Services: Another product of the Library of Congress, this site is the place to start to get information about state government and legislatures. Click on the appropriate start and begin drilling down to your state legislature s website. Once you ve reached your destination, be sure to bookmark that page. (Of course, a good Google search usually works just as well!). NASCONET: The website of the National Association of State Charity Officials. You might not use it often, but it does contain some good information and direct links to each state s charity office (these can be occasionally difficult to find, depending on the user-friendliness of each state s website). The site is now occasionally updated with news stories affecting charities and charitable fundraising. AFP Public Policy: The public policy section of AFP s website with information on current federal and state issues, including AFP s monthly Public Policy Updates. VoteforPhilanthropy: Vote for Philanthropy is the result of a partnership between AFP and the U.S. Chamber of Commerce. The website is nonpartisan and contains several resources for AFP members. See next page for more details. 20

21 Vote for Philanthropy The Vote for Philanthropy website is the product of a partnership between AFP and the U.S. Chamber of Commerce. As 2004 is a critical election year with the Presidency, 34 Senate, and all 435 House seats up for grabs, it is important that fundraisers use their right to vote and choose their elected leaders. Vote for Philanthropy is a nonpartisan site that can provide a number of services to AFP members. 1) Members can register to vote on the site. Once they fill in their information, the site will create a ready-made letter that the member can mail to the appropriate office to get registered. 2) Members can request absentee ballots on the site. The site will create a readymade letter that the member can use to request an absentee ballot. 3) The site contains links to all candidates running for federal office (this includes the Presidency and Senate and House races). 4) The site provides information and website links to all federal and state legislators that represent a particular member. When an AFP member goes to the site for the first time, he or she will be asked for address and city, state and zip code information. The site will use this information to list the appropriate legislators. 5) Later in the year, AFP may list how Representatives and Senators in Congress voted on legislation that affects charities and charitable fundraising. Government relations chairs should note that the information the members provide will not be used in any way. It is only requested so that each member s particular legislators can be listed and to help in creating voter registration and absentee ballot letters. The use of this site by AFP and its chapters is completely legal. The site is purely nonpartisan, does not favor any candidate or party, and merely provides information and web links. Associations and charities are allowed to do some limited voter education work, such as encouraging registration of voters. AFP encourages chapters to create a link to the Vote for Philanthropy website on their chapter website. If you have questions about the site, please paffairs@afpnet.org. 21

22 Conclusion and Overview The AFP Public Affairs Department appreciates your service this year as your chapter s government relations chair. We understand there is a lot of information in this manual and it can be difficult to digest it all in one sitting. However, we hope it will be a helpful resource throughout the year. AFP encourages you to take your time in reviewing this material. Please fee free to make as many copies as you would like and distribute to your government relations committee or other interested members. AFP International Headquarters is frequently asked what it would like to see chapters do in the government relations arena. While our ultimate goal is see all of our chapters performing many, if not all, of the activities listed in this manual, we know that many chapters are at different stages in their government relations program. Therefore, we believe the following activities are appropriate for any chapter, even if it is just starting its government relations program: Give a report on government relations at every meeting. Ensure that one meeting every year focuses on government relations, lobbying and advocacy (or hold some sort of workshop or panel). Follow up on all legislative alerts and encourage members to write letters on urgent issues. Meet with at least four government officials in their offices every year (federal or state officials, legislators or regulators) Invite at least one government official to an AFP event, such as National Philanthropy Day. If you ever have any questions about government relations, feel free to contact the Public Affairs Department: AFP Public Affairs Walter Sczudlo, Executive Vice President, Programs and Policy Michael Nilsen, Director, Public Affairs Gaynor Huey, Assistant, Public Affairs 1101 King Street, Suite 700 Alexandria, VA Telephone: (800) Fax: (703) paffairs@afpnet.org 22