AAM Museum Advocacy Team®
Action Alert – January 30, 2008
January Legislative Update

In this Issue:

• President Bush Delivers Final State of the Union Address
• Congress Considers Economic Stimulus Package
• AAM Objects to Proposed NAGPRA Rule
• NEA Indemnity Program Expanded to Insure Domestic Exhibitions
• Final Reminder: Register for Humanities Advocacy Day by February 1!
• Congress Continues to Scrutinize Nonprofits
• IRS States Charities are Responsible for Links to Political Websites
• Advocacy Tip: Budget Politics in a 2 nd Session Election Year

President Bush Delivers Final State of the Union Address

On Monday January 28, President Bush delivered his final State of the Union address. According to White House spokesperson Dana Perino the theme of the speech is “trusting and empowering people to make decisions for themselves.” During the address the President highlighted the North American Leaders Summit, to take place in New Orleans, LA this year which he will attend with the President of Mexico and the Primer Minister of Canada. Bush also focused on the economy and how rising food and gas costs impact the average American family, while again challenging Congress to present appropriations bills that are free of earmarks and to make tax cuts passed during his administration permanent. Following the speech, pundits were quick to note the extent to which much of the content of this year’s speech echoed themes from years passed and much of the nation’s attention turned quickly back to Tuesday's hotly contested presidential election primary in Florida. Nonetheless, the speech does serve as a guidepost of the President’s priorities for his final year in office. AAM will be in touch with advocates again next week, following the release of President Bush’s final budget proposal for FY 2009.

Congress Considers Economic Stimulus Package

As AAM looks at the year ahead, we have been carefully watching discussions between Congress and the White House on an economic stimulus package. These conversations are important for three reasons. First, the success or failure of these talks helps set the political tone for the remainder of the year. Second, the cost of the package adds to the mounting federal deficit which puts added pressure on lawmakers to trim or reign in growth in discretionary spending categories. Finally, if the stimulus package includes tax cuts and rebates, lawmakers may be hard pressed to approve other provisions – such as restoring the IRA charitable rollover – that would cost the government money by forgoing tax revenues.

On January 24, House leaders and Treasury Secretary Henry Paulson announced agreement on a bipartisan stimulus package that provides rebates to individuals and families, business tax breaks, and relief for homeowners with sub-prime mortgages. Now the Senate is faced with the option of passing a “clean bill” quickly or trying to add additional programs to the package such as unemployment extensions or increases in food stamp benefits. President Bush has cautioned lawmakers that the package “must not include any tax increases,” but offered few other specifics. Under the Administration’s plan, two-thirds of the benefits would go directly to individual taxpayers.

In response to the Senate Finance Committee hearings Independent Sector submitted a written statement for the hearing record urging Congress to include extensions of the IRA charitable rollover and the food inventory incentive as measures that “strengthen the safety net of services needed in this economy.” Finance member and Senate Democratic Conference Vice Chairman Charles Schumer (D-NY) repeated his call for a second economic stimulus bill, stating "I hope after passing this immediate short-term package, we get to work on a longer-term package that looks at the structural problems in the economy." Chairman Baucus is looking at the prospect of a second stimulus package to address additional measures. Senate Majority Leader Harry Reid (D-NV) also met with Baucus on the prospect of moving a separate stimulus bill through the Senate Finance Committee.

AAM Objects to Proposed NAGPRA Rule

In public comments filed with the national NAGPRA program office AAM affirmed the importance of the original legislative intent of the Native American Graves Protection and Repatriation Act (NAGPRA). As the national organization representing the museum field, in preparing its comments AAM took into account the diverse views of the museum community, including tribally governed museums and museums primarily dedicated to scientific research.

After careful consideration, and consultation with a variety of representatives in the museum field, our comments expressed serious concerns about the proposed final rule concerning the application of NAGPRA to culturally unidentifiable human remains and associated funerary objects. As written, there is significant risk that the rule would actually undermine the consultative process between museums and Federally-recognized tribes which has made NAGPRA so productive. It introduces crucial, but undefined terms that create a legal obligation for museums to consult with an unknown and unknowable number of potential claimants; makes it effectively impossible for museums to establish clear title to unidentifiable human remains; establishes civil penalties for failing to repatriate material, whether or not an active claimant has come forth; and imposes huge financial obligations on museums associated with compliance.

On January 8, 2008 AAM staff participated in a phone conference meeting of the NAGPRA review committee during which the committee unanimously objected to the proposed rule. It was unexpected as it was presumed that the proposed rule reflected the input and advice of these representatives of the tribal, museum and scientific communities. Further, the review committee unanimously recommended to the Secretary of the Interior that he extend the review period through mid-March 2008 to give the review committee the opportunity to meet in person to discuss the rule; and/or consider the comments received on the current draft, make extensive revisions, and republish it for further comment; or revisit the rule proposed in 2000, which the review committee found to be largely acceptable.

In a letter to the Interior Secretary AAM endorsed the first two recommendations and requested the opportunity to review the proposed rule presented to the review committee in 2000 to determine it if would provide for a reasonable and acceptable process. AAM is committed to proceeding expeditiously in resolving the important issue of appropriate stewardship of unidentifiable Native American human remains and associated funerary objects but expects that any process will continue to adhere to principles of respect and collaboration that are at the core of NAGPRA.

NEA Indemnity Program Expanded to Insure Domestic Exhibitions

Tucked away in the massive FY 2008 omnibus appropriations bill was a provision for the National Endowment for the Arts (NEA) to establish under its Arts and Artifacts Indemnity Program a separate “domestic” category which would expand the agency’s authority to insure exhibitions consisting entirely of American owned artwork. The program is expected to bring relief to museums faced with the soaring insurance costs associated with traveling exhibitions.

Previously the NEA was limited to insuring exhibitions of internationally owned works under the Federal Arts and Artifact Indemnity Act. The amendment to the act set an overall limit of $5 billion at any one time and a per exhibition limit of $750 million for the domestic program. Regulations and guidelines for the program are currently being developed by the NEA. It is anticipated that the agency will conduct two application cycles per year.

Final Reminder: Register for Humanities Advocacy Day by February 1!

Humanities Advocacy Day 2008 is a great chance to meet and network with humanities advocates from across the country, as well as to gain further insight into how Congress handles humanities policy affecting museums, libraries, historians, artists and scientists. This year NHA has created a program designed to ensure that throughout each segment of the programming there are sessions of interest to all attendees. As in previous years, AAM is a national cosponsor of the event.

For complete conference information and to register online visit: http://www.nhalliance.org/conference/2008/index

Congress Continues to Scrutinize Nonprofits

On January 17, the House Oversight and Government Reform Committee conducted a three-hour hearing into the fundraising practices and expenditures of charities providing assistance to military veterans. House Oversight and Government Reform Chairman Henry Waxman (D-CA) called for the hearing to address concerns about high volume mail and telemarketing fundraising campaigns that enrich the organizations but fail to provide meaningful assistance to veterans. In his opening statement, Waxman acknowledged that many veterans’ charities are doing “invaluable work and spend most of the dollars they receive directly on veterans,” however then added that the practice of groups wasting contributions on excessive overhead costs and self-enrichment must be ceased.

As noted by Independent Sector, the detailed investigation of veterans’ groups is illustrative of Congress’s ongoing interest in the governance and financial practices of America’s nonprofit charities and foundations. Independent Sector President and CEO Diana Aviv submitted a statement praising the Committee’s efforts to publicize reported abuses and highlighted the ongoing work of the nonprofit community, particularly through the Panel on the Nonprofit Sector, to ensure the highest standards of ethical conduct, accountability, and transparency.  Chairman Waxman entered both her statement and the Panel’s  Panel Releases Principles for Good Governance and Ethical Practice  into the official record of the hearing.

IRS States Charities are Responsible for Links to Political Websites

According to Internal Revenue Service statements made in January, charities are responsible for not only the contents of their websites, but their website’s links to political sites as well. Links directing visitors or members to election advocacy sites or sites endorsing a specific candidate are being examined. “IRS did not take the easy route and simply ban 501(c)3 links to advocacy sites. Rather, it continues to rely on facts and circumstances to determine whether such links violate the strict prohibition against 501(c)3 interventions in political campaigns,” said Judith Kindell, senior technical advisor to the director of the IRS Exempt Organizations Division . Kindell also noted that the agency would examine a charity’s policy for monitoring “bloggers” who endorse a candidate on its site.

The agency also continues its examination of campaign involvement by charities in recent election cycles, prompting one church to challenge a current IRS inquiry into a 2006 sermon that included political references made prior to an election. Throughout the 2008 election cycle, AAM encourages museums to avoid engaging in any activity that endorses specific candidates.

See AAM’s Rules of Nonprofit Lobbying for additional information.

Advocacy Tip: Budget Politics in a 2 nd Session Election Year

Budget is the buzzword for this time of year – elected officials and public executives at every level of government are preparing budgets to support their policy agendas for the year ahead. Elected and government officials are closely examining the financial situations of their city, district and state. Reviewing the budgets and policy agendas is important for museum supporters and advocates of all causes as they lay out the key priorities for the very officials we are seeking to influence in the year ahead. It is our job as advocates to understand where elected officials stand as the year begins and consider ways to fit our messages and activities into those larger priorities.

The beginning of 2008 also marks the start of the second half of the 110 th session of Congress. Halfway through any session is when tracking the status of various legislative measures can get confusing. Here are a few thoughts to help navigate the legislative process this year.

Appropriations

Remember that the budget and appropriations cycle is an annual process. This means that each calendar year, whether it’s the first or second half of the Congressional session, the beginning of a unique appropriations season kicks off with the release of the new presidential budget, followed by development of a congressional budget resolution and introduction of spending bills to fund federal agencies and programs in the upcoming fiscal year (FY 2009). The National Governors Association has already released a preliminary report that state budgets are in for a tough year ahead, so Congress should expect pressure from state and local officials to increase spending on programs that will help alleviate their own budget problems.

Other Measures

If legislation introduced in either chamber has not been approved by both chambers of Congress and signed into public law by the President or struck down in the House or Senate, it remains a “live” bill in the 2 nd session. These measures remain available for consideration under their original bill number and title and any activity such as hearings or floor debate that took place in 2007 is valid in Congress this year.

It’s A Presidential Election Year!

Not only will this wreak havoc on the already-strained legislative calendar, but this also means that many of your representatives and senators will be home in your communities much more often throughout the year.

Ways to Track Legislation in 2008

Congress.org – www.congress.org
Information about candidates and issues in your community and across the country.

Governing.com – www.governing.com
A public website that tracks legislative and policy news from cities and states.

Legistorm - http://www.legistorm.com
LegiStorm is a non-partisan group that gathers information about the U.S. Congress and makes it available to the public.

OpenCongress.org – www.opencongress.org
OpenCongress is a public website that combines official federal government legislative information with news and blog coverage of each bill.

Thomas – http://thomas.loc.gov
A public website and from the Library of Congress that tracks federal legislation and related Congressional activity.

CDT - http://www.cdt.org/legislation/
Legislative Tracking from the Center for Democracy & Technology

Tracking State Legislation
Many state legislatures or state associations of cities and/or counties provide databases for tracking the status of legislation. For additional information about legislation in your state or county visit the National Association of Counties, the National League of Cities, or the National Council of State Legislatures or visit the website of your state’s legislature.

Contact Your Representatives in Congress
Legislators rely on the opinions and positions of their constituents to inform their views and their votes. Visit www.speakupformuseums.org to get contact information for your legislators and advocacy tips today!

Forward to a friend!
Have a colleague who should know this information?

Feel free to pass this alert on!

The Museum Advocacy Team® alerts and updates are a regular publication of AAM Government Relations. Alerts and updates are distributed to a network of museum professionals, volunteers and supporters who educate policymakers and advocate for federal policies favorable museums. As a Museum Advocacy Team® member, you are among the first to be informed of breaking news and can express your views and make museum-related policies better. To join the network and receive Museum Advocacy Team® publications, please contact AAM Government Relations at mat@aam-us.org.

Visit the AAM website at www.aam-us.org today!