Contact your US Senators to oppose inclusion of language like the Foxx amendment in S. 277

US Rep. Virginia Foxx R-NC. Image via Wikipedia

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From: OMB Watch

March 23, 2009

Action Needed ASAP to Protect Nonprofit Advocacy Rights!

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Today, the Senate is set to take up the Serve America Act (S. 277). S. 277 amends the National and Community Service Act of 1990 and will create two new service-learning programs.

Unfortunately, the House-passed version of the bill, the GIVE Act (H.R. 1388), includes a "poison pill" amendment sponsored by Rep. Virginia Foxx (R-NC) that would have far-reaching, negative consequences for nonprofit advocacy. The amendment contains outrageous language that restricts National Service fund recipients from using private funds for lobbying; endorsing or supporting events that endorse or oppose legislation; engaging in selected nonpartisan voter engagement activities; organizing or engaging in petitions, protests, boycotts, or strikes; providing or promoting abortions or referrals; or influencing union organizing.

Click here to tell your senators to oppose any attempt to include language like the Foxx amendment in S. 277.

Additionally, an organization cannot receive National Service funds under the Foxx amendment if it "co-locates" with an organization that engages in most of the listed activities. There is no definition of "co-located on the same premises," and this vagueness could ensnare organizations located in the same office building as the offending group, even if the organizations are not related or connected in any other way.

Finally, if an organization (or co-located organization) is indicted — not necessarily convicted — for voter fraud, it is ineligible for National Service programs. Given the recent history of politically motivated voter fraud prosecutions, this language is especially troubling.

The First Amendment protects against speech restrictions, such as those in the Foxx amendment. While the Foxx amendment appears to be unconstitutional, we cannot wait for lawsuits and court decisions to protect the rights of nonprofits and their constituents. We must act now!

Please contact your senators immediately and tell them to oppose any attempt to include language like the Foxx amendment in S. 277. Click here to send an e-mail to your senators (with a copy to the White House), or call you senators immediately (Capitol Switchboard: (202) 224-3121).

The Senate is poised to move quickly on this legislation — action on the bill could occur early this week. Please act now!


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