Representative Kevin Brady’s Amendment to the House’s tax bill is the charitable sector equivalent of military equipment that Congress insists on budgeting for even when the Pentagon says “No, thanks.”
Brady’s Amendment allows nonprofit organizations to engage in political speech without penalty. This change in the rules for nonprofits would apply to the next three national election cycles, 2018, 2020, and 2022. Using the last three cycles as precedent, the Amendment could unlock more than $650 million in new nonprofit funding by opening the floodgates of “dark money.” The nonprofit sector, which rarely looks a gift in the mouth, has collectively stood up and said, “No, thanks.”
Why don’t nonprofits want this money? Just as the military knows when certain equipment isn’t right for the job, the sector knows that Brady’s Amendment will cost more than it is worth. Specifically, it will undermine nonprofit’s individual organizational integrity and weaken their collective contribution to democracy. The effect of the Brady Amendment will be to turn both secular and religious nonprofit organizations – the local food pantry, pet shelter, church, temple or mosque – into money laundering operations for politicians. Congress budgets for unwanted military equipment to keep local manufacturers happy. Similarly, the Brady Amendment is an unwanted giveaway to political donors.
History shows us that democracies fall when there is no independent civil society, separate from the political realm. One of the nation’s largest trade groups for nonprofits is even called Independent Sector. This group and others oppose legal changes that will destroy that independence. Brady’s Amendment carries with it three threats to the sector.
First, donations to churches and nonprofits can be made anonymously. Donations made to them for political purposes will literally launder the donors’ name off of that funding, regardless of existing disclosure rules on campaign contributions.
Second, the millions of dollars that might flow will be too great for nonprofits to refuse. Faced with a donor dangling money for a social media campaign featuring certain candidates or programs to teach kids about one side of a political issue, perennially cash-strapped organizations will take the money. Slowly at first, and then quicker than you can say sell-out, cash flow issues will lead nonprofits and churches to subjugate their independence to partisan politics.
Third, you’ll be subsidizing political actions with which you disagree. Charitable donations are tax deductible. For more than a century, Americans have subsidized charitable giving because we recognize that a diverse nonprofit sector serves as counterbalance to the majoritarian nature of government funding. The Brady Amendment extends the charitable subsidy to political contributions. If it passes, you will be underwriting political activity by the neighbor you disagree with, the uncle with whom you never discuss politics, and the big money political donors whose very names make you cringe.
Two weeks ago the Senate Judiciary Committee interrogated tech companies for the role they and foreign governments played in the 2016 presidential election. The Brady Amendment (section 5201) offers a different threat to democracy, one coming from “inside the house.” Just as the Pentagon knows the threat of outdated equipment, the nonprofit sector recognizes the structural threat in Brady’s Amendment. Useless military equipment risks our country’s defenses. The Brady Amendment undermines democracy by subjugating civil society to politics.