For the Ford
Foundation as for all American institutions 1973 was shadowed by
the growing crisis of confidence in our national political process.
It is too soon for any of us to know the full meaning of this
crisis, but it is time for all institutions, private no less than
governmental, to explore the character of their relation to
questions of public policy.
A special
reason for reporting on the engagement of the Ford Foundation in
questions of public policy is that we are entering the fifth year
of life under the regulatory framework established by the Tax
Reform Act of 1969. The legislative process of that year
demonstrated both to foundations and to Congress that in addition
to recognized dangers of real abuse of the tax exemption privilege
there were important difficulties of communication and
understanding. In the Ford Foundation we concluded that the primary
responsibility for increasing communication and improving
understanding rested with the foundations, and in the intervening
years we have tried hard to explain both our programs and our ways
of work to the public, to members of Congress and to public
officials generally. Because we have been encouraged by members of
both Houses and both parties to expand this process, it seems
appropriate now to attempt a general review, both for the public
and for the public's representatives in government, of our relation
to public policy.
Before turning
to particular lines of programmatic activity, I should report
briefly on the nature of our experience with the Act of 1969. We
have had one extensive federal audit, and another has recently
begun. We have also asked for opinions from the Internal Revenue
Service on a number of special questions left uncertain by the
regulations. The process is not usually rapid, but the spirit of
the regulatory process has been consistently fair and we have
encountered no evidence that the regulatory process has been bent
to partisan purposes.
The 1969 Act is
complex, and we do not believe that all of its detailed provisions
serve the public interest. In one or two places, for example, it
tends to inhibit investments, both financial and charitable. And we
continue to believe that insofar as it exceeds the costs of
regulation, the 4 per cent excise tax on foundation income is an
unwarranted penalty on those to whom foundations make grants.
Finally, we think the law could be amended in a few particulars so
as not to discourage the establishment of new foundations. When the
Congressional committees review the tax laws on charities, we will
present these points for reconsideration.