Anti-Center Legislation

In recent years, pro-abortion forces in government have turned their attention to pregnancy help centers. Congressional reports have been issued to discredit and smear our good reputation. Pro-abortion members of Congress have sponsored a bill labeling  pregnancy centers as “deceptive.” The federal-level bill, reintroduced for Congressional action over and over, has emboldened the pro-abortion lobby to push hostile action by state legislators and city councils. We now have several examples of efforts at the state and local levels to harass life-affirming pregnancy centers with baseless investigations and even unconstitutional regulation.

The threat posed by these legislative actions is very real and intended to curtail our ability to reach abortion-vulnerable women. In the midst of the heated political debate about abortion, pregnancy centers are quietly winning this war one woman and one baby at a time. . . and the other side has taken notice. Legislative attacks are likely to continue in the future and we must be diligent in our response.

Lobbying

Merriam Webster defines lobbying as “the attempt to influence or sway a public official toward a desired action.” If a public official plans to harm pregnancy centers, we certainly have an interest in swaying them away from that action!

Many people mistakenly believe that it is illegal for nonprofit organizations to lobby. Nonprofits are legally permitted to lobby. In fact, nonprofits are encouraged to lobby because they are considered to be a source of expertise in their areas of involvement!

The 1976 Lobby Law established very clear guidelines for nonprofits that wish to lobby. Nonprofits that may engage in lobbying are encouraged to file a Form 5768 with the IRS. This one-time form states your intent to lobby within the guidelines of the 1976 Lobby Law. Heartbeat International filed this form in 2004 and has lobbied under the appropriate guidelines ever since.

Nonprofits are allowed to lobby without filing this form, but the guidelines for lobbying outside of the 1976 Lobby Law are very vague. By filing the form, your organization can safely lobby within clear and established guidelines.

The 1976 Lobby Law divided lobbying into two categories: direct lobbying and grassroots lobbying.

• Direct Lobbying – when an organization communicates its position with regard to legislation directly to legislators or their staff. Example: a pregnancy center director calls their member of congress to express support for or opposition to a bill.
• Grassroots Lobbying – when an organization asks the public to support, oppose, or otherwise influence legislation by contacting elected officials. A grassroots lobbying effort includes a “call to action.” Example: a pregnancy center features an article in their newsletter that encourages their supporters to contact their member of congress about a specific piece of legislation.

Nonprofits must keep track of how much money they spend on each type of activity. Expenditure limits vary by the size of an organization’s budget, but nonprofits that have made the 501(h) election are generally permitted to spend up to 20% of their budget on lobbying (15% for direct lobbying, 5% for grassroots lobbying). For a detailed explanation of lobbying expenditure limits (whether or not you've made the 501(h) election), click here.

Yearly lobbying expenditures are reported on your annual IRS Form 990.

Helpful Resources

Center for Lobbying in the Public Interest exists to promote, support, and protect nonprofit advocacy and lobbying. They are an excellent resource for nonprofits that lobby or have questions about lobbying. You can visit them online here: http://www.clpi.org/

Heartbeat International has helped many centers navigate these waters. We are always available to help centers appropriately engage in lobbying. Please contact Virginia Cline ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) if you have questions about lobbying, if you need assistance with your message to legislators, or if you are aware of legislation in your state that impacts pregnancy centers.