
The Hidden Truth about the DISCLOSE Act
By Craig L. Parshall, Sr. Vice President and General Counsel
This week President Obama voiced his urgent call for Congress to pass the Democracy is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act (H.R. 5175/S. 3628). The bill, which passed in the House and is still at the one-yard line in the Senate (see below), is a reaction to the Supreme Court’s rejection of the most recent “campaign reform” law passed by Congress.
The High Court recently ruled in the Citizens United case that Congress’ last attempt to address that subject infringed on the First Amendment rights of corporations (most of them small to medium sized ones) to voice opinions during elections. While several Supreme Court justices sat in front of him, President Obama harshly criticized that Supreme Court decision during his State of the Union address last January. Now comes the DISCLOSE Act, which has broken down along party lines. Democrats say the bill is necessary to avoid the corrupting influence of big money on federal elections. Republicans say that the bill is politically timed to intimidate grassroots citizen groups from participating (and voicing their discontent) in the all-important upcoming midterm elections, which some believe could reverse the fortunes of the Democrat-controlled Congress. NRB’s President & CEO Dr. Frank Wright has written to the Senate, voicing NRB’s strong objections to the DISCLOSE Act.
And there is plenty to be concerned about:
- Considering the way that the DISCLOSE Act performs a First-Amendment strip-search of the privacy rights of average Americans, it may as well be called the DISROBE Act. The force of federal law will dictate that every American who gives a mere $600 (that is a mere $50 per month) to an organization that makes certain communications during a federal election cycle will have their highly personal information made public on the website of that organization, including their name, home address, and the name of their employer. Will non-profit advocacy groups be regulated under this Act? All it takes for any group to come under the auspices of the draconian legislation is for that organization to make one public statement during an election year, where it contains one single reference (no matter how obscure or indirect) to any politician who is up for election. And that “reference” need not even relate to the election, nor must it endorse or disapprove of the candidate in order to trigger the DISCLOSE Act. It is incomprehensible how forcing public disclosure of the personal information of modest donors would have any bearing on the integrity of our federal elections. Even worse, average Americans would be easy targets for those who harbor resentment against the groups they support, especially when mean-spirited zealots decide to use that personal information for hostile purposes.
- The Act would mandate the scope of information that private, non-profit associations must divulge to their own members. That not only represents a violation of the First Amendment principle against “compelled speech,” but also signals a massive intrusion in the relationship between non-profit organizations and their supporters and members.
- The DISCLOSE Act would impose substantial civil and even criminal penalties for any non-profit or other advocacy group that makes a misstep. To say that this legislation would create a “chilling effect” on issue-advocacy groups is an understatement. The regulations are comprised of a byzantine mosaic of complex rules set forth in a bill that is 117 pages long.
Speaking of disclosure, what I would really like the Congress to DISCLOSE about this bill are all the hidden quicksand traps that exist for unwary members of the public who might be sadly fooled into thinking that this legislation actually has something to do with improving America’s federal election process. Latest Legislative Update: On Tuesday, July 27th, the U.S. Senate took a cloture vote on the DISCLOSE Act. It failed 57-41. This was a procedural vote that would have allowed Senate Majority Leader Harry Reid (D-NV) to bring the DISCLOSE legislation up for a final Floor vote immediately. Any cloture vote requires 60 votes to pass, but the failure of the cloture motion does NOT signal that the DISCLOSE Act has died. In fact, Leader Reid realized just before the cloture vote was taken that he did not have the requisite 60 votes, so he voted against it to give himself the procedural leverage to bring the legislation to the Floor at a later time. Capitol Hill Insiders tell NRB that this was a significant victory for those grassroots organizations who have vocally opposed the DISCLOSE Act in recent weeks, but the battle is not over. Those who support the DISCLOSE Act are working very hard to gain the few additional votes needed to reach a 60-vote majority and end any Republican filibuster. NRB will alert you to any action on this legislation in the next several months.
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Washington Whispers
New Information Surfaces About Elena Kagan Robert K. Powers, Vice President of Government Relations
July 16, 2010
Congress is pushing to wrap up some “must pass” items in the next two weeks. Those include the confirmation of Solicitor General Elena Kagan as a Supreme Court Justice, and Senate passage of the DISCLOSE Act. While Senate leaders are still discussing how to move the DISCLOSE legislation forward, as expected, Kagan’s nomination was passed by the Senate Judiciary Committee on Tuesday and is being readied for a Floor vote. Amazingly, Sen. Lindsey Graham (R-SC), who at one time was considered a staunch conservative, voted for Kagan’s confirmation in committee and cited the Constitution as the reason for his vote. For Sen. Graham to say that he had a constitutional obligation to vote for Ms. Kagan is in itself extremely troubling. Even more troubling is the fact that he seemed to ignore her extreme political views, including her perspective on free speech and the sanctity of human life. NRB has been focusing on her perspective regarding First Amendment issues. Sanctity of life issues have been discussed in detail by Chairmaine Yoest, Ph.D., President & CEO of Americans United for Life (AUL). Their startling report will be of interest to many NRB members.
According to Dr. Yoest, when the partial-birth abortion issue (PBA) came up for discussion in the Clinton White House where Kagan was working, the American College of Obstetricians and Gynecologists (ACOG) said they “could identify no circumstances under which [partial birth abortion/D&X] procedure…would be the only option to save the life or preserve the health of the woman.” The AUL report cites a memo where Kagan called ACOG’s definition “a disaster” in light of the Clinton Administration’s policy work on the matter. Later it was discovered that Kagan actually added a sentence to ACOG’s definition, with the effect of profoundly altering the meaning of the ACOG statement. Her sentence, which followed the original ACOG statement (above), said: “An intact D&X, however, may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.” Apparently, ACOG’s Executive Board accepted the addition, without input from their organization’s “select panel” (which had drafted the original medical report on PBA), and without a vote from members of the organization. The additional language Kagan added to ACOG’s definition remained an important part of the defense of partial-birth abortion from that point forward, and was used by those who filed suit against state partial-birth abortion bans in the years that followed.
During the recent confirmation hearing for Kagan, Sen. Orrin Hatch (R-UT) was clearly disturbed by these revelations. He questioned Kagan about them, and she essentially told the Senator that she doubted that her involvement had influenced ACOG. Yet the AUL report makes it clear that Kagan did, in fact, lobby ACOG while working for the Clinton Administration. Click here to read the full AUL report.
Read further within Washington Next Week  THE NRB PRESIDENT'S BLOG
A Crude Metaphor
As I write this we are three months into the great environmental and economic disaster in the Gulf Coast resulting from the fire, explosion, and sinking of the Deepwater Horizon drilling rig. We can only hope and pray that the latest efforts by BP to cap the well are successful.
I confess that during this unfolding disaster, my mind has occasionally wandered from the event itself to a striking parallel suggested by it. Throughout the crisis, I have from time to time pondered the gushing oil well as a metaphor for our out-of-control government spending. The parallels seem to me quite remarkable.
For example, the oil leaking into the Gulf clearly damages our own national resources, economy, and the lives of our people. Yet some scientists predict that the Gulfstream might carry the damaging effects of the spill to Europe at some point.
In the same way, while our profligate government spending and the explosive growth in our national debt will eventually cripple our own economy and affect the lives of ordinary citizens, we live in an integrated global economy and the rest of the world will eventually share the pain of our fiscal irresponsibility.
Another parallel (one which will hopefully be temporary) lies in the fact that the best efforts to stop the gushing oil are seemingly ineffective. And at some point there may be nothing left to do except clean up the damage.
As this relates to our national debt, eventually we will reach a tipping point where the trillions of debt being inexorably added will make it difficult, if not impossible to pay the accumulated interest. The cost of debt service will become such a large portion of the federal budget that we will have insufficient funds to pay. An unexpected spike in interest rates might bring that day on faster than we might imagine.
I also see a parallel in the underwater camera that dramatically shows the well head spewing the brown crude oil into the surrounding water. This visual evidence helps us understand the problem far better than we otherwise would.
Well, we have another visual recording device in the form of our National Debt Clock (www.usdebtclock.org). I watched it for a while today. Using the stopwatch on my iPhone, the Debt Clock revealed $1 million added to our national debt every 22 seconds. In the brief time it took to write this piece, our national debt increased by $123 million. And just this week the Treasury Department announced that the U.S. budget deficit for the first nine months of the year is $1 trillion. Every penny of that will be added to the national debt.
What will the outcome of all this be? I am no prophet, but the Scripture says the borrower is servant to the lender. That has implications for both individuals and nations. As a friend of mine says: Get out of debt and buy a little gold. It may not be that simple, but that could end up being good advice.
Read further within Defining Vectors... |
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