The Free Speech Fairness Act

Bill: 115-s-264
Sponsor: full_name: Sen. Lankford, James [R-OK]
Introduced: 2017-02-01
Policy area: Taxation
Subjects: Elections, voting, political campaign regulation

Public participation and lobbying

Social work, volunteer service, charitable organizations

Tax-exempt organizations
Latest action: action_date: 2017-02-01
text: Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2017-02-01
action_desc: Introduced in Senate
text: <p><b>Free Speech Fairness Act </b></p> <p>This bill amends the Internal Revenue Code to permit a tax-exempt organization to make certain statements related to a political campaign without losing its tax-exempt status. An organization may not lose its tax-exempt status under section 501(c)(3) or be deemed to have participated in, or intervened in any political campaign on behalf of (or in opposition to) any candidate for public office, solely because of the content of any statement that: (1) is made in the ordinary course of the organization's regular and customary activities in carrying out its exempt purpose, and (2) results in the organization incurring not more than de minimis incremental expenses.</p>

tv_txt: II 115th CONGRESS 1st Session S. 264 IN THE SENATE OF THE UNITED STATES February 1, 2017 Mr. Lankford (for himself and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow charitable organizations to make statements relating to political campaigns if such statements are made in the ordinary course of carrying out its tax exempt purpose.

1. Short title This Act may be cited as the The Free Speech Fairness Act . 2. Allowing 501(c)(3) organization to make statements relating to political campaign in ordinary course of carrying out its tax exempt purpose (a) In general Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (s) Special rule relating to political campaign statements of organization described in subsection (c)(3) (1) In general For purposes of subsection (c)(3) and sections 170(c)(2), 2055, 2106, 2522, and 4955, an organization shall not fail to be treated as organized and operated exclusively for a purpose described in subsection (c)(3), nor shall it be deemed to have participated in, or intervened in any political campaign on behalf of (or in opposition to) any candidate for public office, solely because of the content of any statement which— (A) is made in the ordinary course of the organization’s regular and customary activities in carrying out its exempt purpose, and (B) results in the organization incurring not more than de minimis incremental expenses. . (b) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.