Need to Close the Door on DISCLOSE Again

The Supreme Court ruled earlier this year (in Citizens United vs. FEC) that company (and employee) voices were being unfairly silenced by the campaign finance rules that were in place. Democrats in Congress didn’t like what they heard so they attempted to make their way around the decision by coming up with the DISCLOSE Act. For those that care, the acronym (who has the job of coming up with these things) stands for Democracy is Strengthened by Casting Light on Spending in Elections.

Fortunately, the effort fell short of the 60 Senate votes needed to proceed. But bad ideas (in this case one of the worst ones to come down the pike in a long time, and that’s saying something in a city filled with questionable policy proposals) don’t simply go away. Indiana Chamber members communicated their displeasure the first time around.

CongressDaily reports the latest:

The DISCLOSE Act will head back to the floor for a vote when the Senate returns next month, according to spokespeople for Senate Majority Leader Harry Reid and Sen. Chuck Schumer, D-N.Y., the bill’s lead sponsor.

The measure would implement strict disclosure laws on campaign ads, require corporate leaders to appear in ads much like candidates and severely restrict foreign-owned companies and those that do business with the government. 

Senate Dems and their reform-advocate allies are targeting Sens. Scott Brown, R-Mass., Olympia Snowe, R-Maine and Susan Collins, R-Maine, all of whom voted against cloture last month. The 3 GOPers said the bill was rushed in an attempt to influence the ’10 midterms on Dems’ behalf.

Now, though, reform advocates believe they have removed that most significant objection all 3 GOPers had. If the measure is passed in late Sept. or early Oct., it would not go into effect until after the midterms.

Senate leaders have told their House counterparts that they will bring the bill up again, and that they may let GOPers block it one more time in order to score political points. But after the bill fails, reform groups and senators who back the DISCLOSE Act will try to convince potential GOP allies to join them in passing the bill so it might be implemented after the midterms.

Still, Snowe, Collins and Brown will face pressure from their leader even after it becomes clear the bill wouldn’t impact the midterms. Senate Minority Leader McConnell has been a vocal opponent of the DISCLOSE Act, labeling it a ploy to benefit Dems. McConnell has been successful in keeping his conference together on most controversial votes, making the bill’s prospects uncertain.

Dems also have to deal with Sens. Dianne Feinstein , D-Calif., and Frank Lautenberg , D-N.J., both of whom are opposed to a carve-out that exempts the NRA from certain disclosure provisions. Holman said there is an understanding that the 2 Dems would vote for cloture, getting Dems over the 60 votes required to move the bill to final passage, but then Lautenberg and Feinstein could vote against the final package. Lautenberg and Feinstein both voted for cloture when the bill first came up on July 27.

Not Enough Time on Their Hands in D.C.?

Quirky Congressional calendars and policy stalemates are nothing new in Washington. For those of that mindset, it appears the rest of 2010 won’t be too upsetting. And with some of the damage Congress has inflicted on businesses of all sizes and their employees over the last few years, maybe that isn’t all bad.

In the House (which doesn’t return until Tuesday), it’s less than three weeks until the August break (starting a week earlier than normal). House members will not be back in Washington until mid-September, with a targeted adjournment date of October 8 in order to hit the campaign trail fulltime in the weeks leading up to the November 2 election. Are we looking at a lame-duck session in November or December — or no action on major items until 2011?

For the Senate, the legislative backlog includes:

  • Seeking two votes (Scott Brown and Olympia Snowe are the top targets) to move the financial regulatory reform conference report
  • A lending pool/tax incentives increase for small businesses, which was originally seen as an opportunity to address other financial issues — including the expiring Bush tax cuts from 2001 and 2003
  • A $75 billion war supplemental that faces a White House veto over issues unrelated to the original intent. The House added $16 billion, including $10 billion to local school districts to help avoid teacher layoffs. Part of the offsets feature recissions in education programs (among them Race to the Top); hence, the White House opposition

CongressDaily reports the following on that bill:

Senate Appropriations Chairman Daniel Inouye did not include funding for teachers in the measure the Senate approved in May because it was unclear if there was enough support to pass the bill. 

Supporters of the teacher funding will also have to overcome opposition from a group of 13 Democratic senators led by Sen. Evan Bayh, D-Ind., who called the proposed cuts to education programs "unacceptable" in a letter to Inouye earlier this month.

"Choosing between preserving teacher jobs and supporting vital education reforms is a false choice and would set a dangerous precedent," the letter said.

Or school districts could utilize any number of other cost reduction methods instead of simply cutting teachers. If only that suggestion would become part of the common practice.

Here’s What’s Next on Health Care Reform

Congressional floor debate on health care could begin as early as October 13. That’s the goal of Senate Majority Leader Harry Reid.

First, the Senate Finance Committee is expected to vote this week (work resumes on Tuesday) on its version. The only real suspense is whether Republican Olympia Snowe (Maine) will cross over and vote for the measure. At the same time, Reid and other Senate leaders are trying to combine that proposal with elements of the one approved earlier by the House HELP (Health, Education, Labor and Pensions) committee.

Despite that HELP proposal, the House is still battling over Medicare reimbursement rates, trying to trim $200 billion from the cost of the bill and the final shape of the public option.

This is becoming the defining issue of the year. Immigration was pushed back early, there doesn’t appear to be the support for EFCA and most are now conceding that cap and trade will have to wait until when, and if, the health care debate is settled.

The drama, particularly when the issue hits the floor, will continue; the results are unknown.