Senate votes to overturn IRS guidance limiting donor disclosure

The Senate on Wednesday approved a Democratic resolution that would overturn IRS guidance reducing the amount of donor information that certain tax-exempt groups have to provide to the agency.

The measure, sponsored by Sens. Jon TesterJonathan (Jon) TesterCentrist efforts to convince Trump to end shutdown falter Dems offer measure to raise minimum wage to per hour Some Senate Dems see Ocasio-Cortez as weak spokeswoman for party MORE (D-Mont.) and Ron WydenRonald (Ron) Lee WydenIRS waiving penalty for some in first filing season under Trump's tax law Mobile providers at center of privacy storm Hillicon Valley: House chair seeks emergency briefing on wireless industry's data sharing | AG nominee to recuse himself from AT&T-Time Warner merger | Dem questions Treasury, IRS on shutdown cyber risks MORE (D-Ore.), was approved by 50-49 vote. Sen. Susan CollinsSusan Margaret CollinsCentrist efforts to convince Trump to end shutdown falter On The Money: Shutdown Day 26 | Pelosi calls on Trump to delay State of the Union | Cites 'security concerns' | DHS chief says they can handle security | Waters lays out agenda | Senate rejects effort to block Trump on Russia sanctions Senators look for possible way to end shutdown MORE (R-Maine) joined with Democrats in supporting the resolution, and Sen. Thom TillisThomas (Thom) Roland TillisCentrist efforts to convince Trump to end shutdown falter GOP reasserts NATO support after report on Trump’s wavering Leaders nix recess with no shutdown deal in sight MORE (R-N.C.) didn’t vote.

The measure now moves to the House, but a GOP aide said House Republicans aren't planning to hold a vote on it this year. Even if the House approves it, President TrumpDonald John TrumpPentagon update to missile defense doctrine will explore space-base technologies, lasers to counter threats Giuliani: 'I never said there was no collusion' between the Trump campaign and Russia Former congressmen, RNC members appointed to Trump administration roles MORE would likely veto the resolution.


Tester and Wyden offered the resolution under the Congressional Review Act (CRA), which allows lawmakers to disapprove of recent guidance from federal agencies. Senators can make a motion to proceed to a CRA resolution if the measure has written support from at least 30 senators.

The IRS and Treasury Department in July released guidance that ended a requirement for certain tax-exempt groups to provide the IRS with the names and addresses of major donors on an annual basis. Groups that no longer have to provide the information include social-welfare organizations such as Americans for Prosperity, the National Rifle Association and the American Civil Liberties Union, as well as labor unions and business groups.

Democrats have been strongly opposed to the guidance and are concerned it could lead to an influx of “dark money” donations by foreign governments in U.S. politics.

“The rule change the Trump administration pushed through this summer is not about sunlight, it’s all about darkness. It’s about secrecy,” Wyden said Wednesday. “It’s about giving the well-connected even more of a say in how American government works.”

Tester said the Trump administration’s policy “created another safe haven for this country’s wealthiest donors to hide in the shadows while they pull the levers of power in our democracy.”

The administration and GOP lawmakers have cheered the guidance, saying it helps protect taxpayer privacy, is not needed for tax enforcement and helps prevent taxpayers from being targeted for their political beliefs.

“In a climate that is increasingly hostile to certain kinds of political expression and open debate, the last thing Washington needs to do is to chill the exercise of free speech and add to the sense of intimidation,” said Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOcasio-Cortez rips Trump in first House floor speech: 'It is not normal to shut down the government when we don’t get what we want' Overnight Health Care: Dem chair plans hearing on Medicare for all | Senate GOP talks drug prices with Trump health chief | PhRMA CEO hopeful Trump reverses course on controversial pricing proposal Supporters leave notes on plaque outside Ocasio-Cortez's office MORE (R-Ky.).

--Updated at 2:22 p.m.