Republicans in both chambers introduced legislation Thursday to counteract President Obama’s draft executive order that would have government contractors disclose their political contributions.
The legislation comes after Rep. Tom Cole (R-Okla.) attached an amendment to the defense authorization bill that would block the draft order. That provision passed 261-163 in the House on Wednesday night, with 26 Democrats voting in favor.
“I am hoping they’re having second thoughts,” Cole said. “This is the executive branch trying to legislate and use a very powerful weapon to do it. And not just legislate, but it is the executive branch trying to intimidate, in my opinion.”
Cole introduced separate legislation Thursday with Reps. Darrell Issa (R-Calif.) and Sam GravesSam GravesA guide to the committees: House Trump’s infrastructure plan: What we know Why Republicans took aim at an ethics watchdog MORE (R-Mo.) that takes aim at the draft order. That was matched by legislation introduced in the Senate by Sens. Susan CollinsSusan CollinsGOP senators pitch alternatives after House pulls ObamaCare repeal bill Five takeaways from Labor pick’s confirmation hearing ObamaCare repeal faces last obstacle before House vote MORE (R-Maine), Lamar AlexanderLamar AlexanderOvernight Regulation: Trump's Labor nominee hints at updating overtime rule Trump's Labor pick signals support for overtime pay hike Live coverage: Day three of Supreme Court nominee hearing MORE (R-Tenn.), Rob PortmanRob PortmanOvernight Finance: Senators spar over Wall Street at SEC pick's hearing | New CBO score for ObamaCare bill | Agency signs off on Trump DC hotel lease GOP senators offer bill to require spending cuts with debt-limit hikes Vulnerable Senate Dem: Border tax concerning for agriculture MORE (R-Ohio) and Minority Leader Mitch McConnellMitch McConnellThe Memo: Winners and losers from the battle over healthcare GOP senators pitch alternatives after House pulls ObamaCare repeal bill Under pressure, Dems hold back Gorsuch support MORE (R-Ky.).
The bills are similar to Cole’s amendment to the defense authorization measure. That provision prohibits federal agencies from collecting political information from government contractors as a condition for receiving a government contract.
Though his amendment passed, Cole said the separate legislation was introduced to ensure that the issue continues to gain attention and that it does not get lost in the process of passing the defense authorization bill.
“This is one of those things you attack from as many angles and avenues as you possibly can, because it is so important,” Cole said. “This will get less scrutiny in that process, and it’s a lot easier for Democrats in the Senate to avoid or to kill. A bill is a big statement.”
With the Senate under Democratic control, Cole’s amendment to the defense authorization bill has a tough road ahead.
“As is usually the case, the Senate will take up its own bill,” said Jon Summers, a spokesman for Senate Majority Leader Harry ReidHarry ReidThis obscure Senate rule could let VP Mike Pence fully repeal ObamaCare once and for all Sharron Angle to challenge GOP rep in Nevada Fox's Watters asks Trump whom he would fire: Baldwin, Schumer or Zucker MORE (D-Nev.), when asked whether Cole’s amendment would be considered as part of the defense measure.
Campaign finance watchdogs denounced Cole’s amendment, saying it was a strike against transparency.
“This is a continuation of abandonment of campaign finance disclosure by House Republicans, which began last year,” said Fred Wertheimer, president of Democracy 21.
Wertheimer was referring to the Disclose Act — legislation that would have forced outside political groups to disclose their donors.
Increasing campaign finance disclosure used to have “a bipartisan consensus,” according to Wertheimer, but the Disclose Act passed the House with little GOP support and then stalled in the Senate.
Rep. Walter Jones (N.C.), who co-sponsored the Disclose Act last year, was the only Republican to vote against Cole’s amendment Wednesday.
Cole said he hopes to secure Democratic co-sponsors of his new legislation from the 26 members who voted for his amendment Wednesday.
“If George Bush had done something like this — and you have to remember that we were savaged by third-party giving in 2006 and 2008 — Democrats would have been screaming to high heaven, and I must say, legitimately so,” Cole said. “To his credit, he didn’t do anything like this. He never proposed anything like this.”
Opposition to the draft order has grown over the past several weeks.
The U.S. Chamber of Commerce sent a key-vote letter to members Wednesday in support of Cole’s amendment. Several other large business groups supported the amendment. The Chamber also supports the separate legislation introduced Thursday.
House Republicans are planning to keep up the pressure on the administration over the draft order. Following a joint hearing held by the House Small Business and Oversight and Government Reform committees earlier this month, the House Administration Committee has scheduled a hearing next week to discuss the draft order.
Wertheimer dismissed the opposition to the draft order as “Washington-based.” More than 30 public interest groups have written a letter to Obama in support of the plan, which has also been backed by the Main Street Alliance, a small-business coalition.
Wertheimer said the White House needs to move on the draft order now.
“The fact is, if the White House wants this executive order, it is time to move on it,” Wertheimer said.
The draft order comes after outside groups spent millions of dollars last election on campaign ads without disclosing their donors. The flood of election money came after the Supreme Court’s Citizens United decision in January 2010, which allowed corporations and unions to spend unlimited funds on electioneering activities.
The White House got behind the Disclose Act in response. The bill would have increased campaign finance disclosure, but got stuck in the Senate last year.