PolicyBrief
S. 1428
119th CongressApr 10th 2025
Safeguarding Charity Act
IN COMMITTEE

The "Safeguarding Charity Act" clarifies that federal tax exemptions for certain organizations are not considered federal financial assistance unless explicitly stated by law.

James Lankford
R

James Lankford

Senator

OK

LEGISLATION

Safeguarding Charity Act Clarifies: Non-Profit Tax Breaks Aren't 'Federal Financial Assistance'

This bill, the Safeguarding Charity Act, makes a specific tweak to the legal dictionary used by the federal government. It amends Title 1 of the U.S. Code to state clearly that the standard federal income tax exemptions enjoyed by certain organizations – specifically non-profits under sections 501(c) or (d) and qualified retirement plans under section 401(a) of the tax code – do not count as receiving "Federal financial assistance".

Drawing a Line in the Sand

So, why does this definition matter? The term "Federal financial assistance" isn't just fancy government talk; it often acts as a trigger. Receiving funds defined this way can subject an organization to a whole host of additional federal rules, regulations, reporting requirements, or non-discrimination provisions. Think of it like the difference between getting a specific government grant (which comes with strings attached) versus getting a standard tax break available to any group that qualifies.

This Act essentially draws a line, saying that simply being tax-exempt doesn't automatically loop these organizations into the rules associated with receiving direct federal aid. It clarifies that unless another federal law, rule, or regulation explicitly says otherwise, these tax benefits stand apart.

What This Means on the Ground

For the thousands of charities, religious groups, social welfare organizations, and employer-sponsored retirement plans operating under these tax-exempt sections, this bill provides legal certainty. It confirms their tax status alone doesn't pull them under the umbrella of regulations tied specifically to "Federal financial assistance." The bill notes this clarification doesn't change how things were interpreted before its passage, but it sets a clear standard moving forward. It’s a technical change, but one that aims to keep the boundary clear between standard tax policy and direct federal funding relationships.