H.R. 781House115th Congress (2017-2019)In Committee

Free Speech Fairness Act

Introduced February 1, 2017

AI-Generated Summary

Updated April 15, 2026 at 12:07 PM UTC

The Free Speech Fairness Act would change the Internal Revenue Code so that charitable organizations (501(c)(3) groups) can issue statements about political campaigns without risking loss of their tax‑exempt status, provided those statements are made as part of their normal activities and involve only minimal additional costs. The bill affects all U.S. charities that currently avoid political speech to preserve their tax‑exempt status.

Key Provisions

  • Adds a new subsection (s) to IRC § 501 that says a 501(c)(3) charity will not lose its tax‑exempt status or be treated as having participated in a political campaign simply because it makes a political statement, as long as the statement is part of the organization’s regular activities and costs only a trivial amount.
  • Specifies that this rule applies to the relevant sections of the tax code that govern charitable status and related deductions.
  • Makes the change effective for taxable years ending after the law is enacted.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

February 1, 2017

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HouseIntro Referral

Introduced in House

February 1, 2017

HouseIntro Referral

Referred to the House Committee on Ways and Means.

February 1, 2017

Floor Debate

15 members

What members said about H.R. 781 on the floor

15 Republicans
Mark Walker
Rep. Mark WalkerR-NC-6 · Jun 13, 2017

Mr. Speaker, many times as our Members in the House travel throughout our districts, we are often asked: What is being done in the House? What is being accomplished? Well, this afternoon we are going…

John Ratcliffe
Rep. John RatcliffeR-TX-4 · Jun 13, 2017

I would like to thank my colleague and friend from North Carolina, the gentleman, Congressman Walker, for yielding to me and for hosting this Special Order tonight, which is fittingly titled, ``The…

Richard Hudson
Rep. Richard HudsonR-NC-8 · Jun 13, 2017

Mr. Speaker, I thank the chairman very much for yielding. I thank the chairman also for organizing, once again, an opportunity for us to speak directly to the American people, and for his tremendous…

David P. Roe
Rep. David P. RoeR-TN-1 · Jun 13, 2017

Mr. Speaker, I thank Mr. Walker for yielding. I would like to associate my remarks with Mr. Hudson, Dr. Wenstrup, Mr. Franks, and my good friend Diane Black. I am a concealed carry permit…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Jun 13, 2017

Mr. Speaker, I thank the gentleman for yielding to me, and let me thank him for his leadership of the Republican Study Committee and what that committee means to the conservative movement and what it…

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Tom Graves
Rep. Tom GravesR-GA-14 · Jun 13, 2017

Mr. Speaker, I could not be more excited to be here tonight and to experience what we are experiencing here. You know, when this President was elected, he made a promise: He was going to drain the…

Brad R. Wenstrup
Rep. Brad R. WenstrupR-OH-2 · Jun 13, 2017

Mr. Speaker, I thank the chairman for yielding, and I appreciate the opportunity to talk about this. You know, as a physician, we take an oath. We say: Do no harm. And today in America and here in…

Jim Banks
Rep. Jim BanksR-IN-3 · Jun 13, 2017

Mr. Speaker, I thank the gentleman for his leadership of the Republican Study Committee. It is one of the great honors that I have in this Congress to serve with him and others to advocate for…

Jeff Duncan
Rep. Jeff DuncanR-SC-3 · Jun 13, 2017

Mr. Speaker, I thank the gentleman from North Carolina. I want to talk to America today about the Hearing Protection Act. Consequences of firearms exposure: Noise-induced hearing loss is a major…

Trent Franks
Rep. Trent FranksR-AZ-8 · Jun 13, 2017

Mr. Speaker, I thank Mr. Walker for this opportunity. It is so appropriate on People's Night to talk about the very littlest people in America, isn't it? Mr. Speaker, the United States of America is…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Jun 13, 2017

Mr. Speaker, I thank Representative Walker. And first let me thank him for not just hosting this evening, People's Night, but his leadership of the Republican Study Committee and how he is leading…

Diane Black
Rep. Diane BlackR-TN-6 · Jun 13, 2017

Mr. Speaker, I thank the gentleman from North Carolina (Mr. Walker), my colleague and friend, the chair of the RSC, for hosting this Special Order tonight to highlight some of the recent victories…

Jody B. Hice
Rep. Jody B. HiceR-GA-10 · Jun 13, 2017

Mr. Speaker, I thank the gentleman for yielding. It is an honor to be here with you. I think by this time most people are familiar, at least they have heard about the Johnson amendment. It came about…

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Doug Collins
Rep. Doug CollinsR-GA-9 · Jun 13, 2017

Mr. Speaker, I thank Congressman Walker for yielding, and I appreciate him offering this. It is providing a different take that we are not getting in the meeting anywhere. Go back real quickly: a few…

Gary J. Palmer
Rep. Gary J. PalmerR-AL-6 · Jun 13, 2017

Mr. Speaker, I thank Congressman Walker for arranging this Special Order. Looking ahead, H.R. 850, the Agency Accountability Act, would be a game changer for government run amuck. In 2015, Federal…

Bill Text

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Introduced in HouseIssued February 1, 2017

I

115th CONGRESS

1st Session

H. R. 781

IN THE HOUSE OF REPRESENTATIVES

February 1, 2017

Mr. Scalise (for himself and Mr. Jody B. Hice of Georgia) introduced the following bill; which was referred to the Committee on Ways and Means

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 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.