WHY IS THE HUMANE SOCIETY OF THE U.S. PERMITTED TO OPERATE “ABOVE THE LAW” AND NOT COMPLY WITH FEDERAL LAWS? by Frank Losey

The “Above the Law” issue with respect to the Humane Society of the U.S (HSUS) was raised in a Documented Complaint that was formally submitted to, and is now being considered by, the Office of the U.S. Attorney for the District of Columbia.  Time will tell how much longer the HSUS will be permitted to operate “Above the Law” with respect to a number of Federal Statutes.  And it will be most interesting to see what a Department of Justice Attorney does with the formal, 18-page Complaint, with 153 pages of supporting documents that was received by a DOJ Attorney on August 4, 2011, and which alleges that the HSUS has failed to comply with the Lobbying Disclosure Act of 1995.

By way of background, the “Above the Law” issue is not just limited to alleged non-compliance with the Lobbying Disclosure Act of 1995.  In this regard, there is also documented evidence which supports assertions that the HSUS and some of its most Senior Executives have either blatantly ignored or have trivialized the Federal Statutory Provisions of the U.S. Tax Code, the Animal Enterprise Terrorism Act and the Racketeer Influenced and Corrupt Organizations (RICO) Act.

With respect to the issue of non-compliance with the U.S. Tax Code, eight Members of Congress have requested the Inspector General of the Department of the Treasury to ensure that the Internal Revenue Service (IRS) investigates the “apparent improper activities” of the Humane Society of the HSUS.  The “apparent improper activities” are referencing activities that establish that the HSUS exceeded the U. S. Tax Code limitations on lobbying by a tax-exempt, public charity.  (It is most noteworthy that the IRS has received 1,628 pages of documents in support of allegations that the HSUS has not complied with the U.S. Tax Code.)  And this is the same HSUS that has suggested that the Animal Enterprise Terrorism Act - - a Federal Domestic Terrorism Statute - - is an “unjust law” that is worthy of “civil disobedience.”   It is also the same HSUS that has been sued by the Parent Company of Ringling Brothers Circus which has alleged that the HSUS has violated the Racketeer Influenced and Corrupt Organizations (RICO) Act.  And now the Office of the U.S. Attorney for the District of Columbia has received a Documented Complaint that alleges that the HSUS has ignored, with impunity, and has failed to comply with yet another Federal Statute for over five continuous years - - The Lobbying Disclosure Act of 1995.

The Lobbying Disclosure Act of 1995 requires that any entity or employee who has had as few as only one - - that’s right - - “one contact” with a Member of Congress or any of their staff for the purpose of lobbying in support of any Federal Legislation; or has contacted a Senior Official in the Executive Branch of the U.S. Government, such as the White House or the U.S. Department of Agriculture, for the purpose of influencing Government Policies is required to submit a Lobbying Registration Document, as well as to file Quarterly and Semi-Annual Lobbying Reports, to the Clerk of the U.S. House of Representatives and to the Secretary of the U.S. Senate. 

Most significantly, the Lobbying Records maintained by the Clerk of the U.S. House of Representatives reflect “no record” - -ABSOLUTELY NONE! - - of any Lobbing Registration Documents or Quarterly and Semi-Annual Lobbying Reports ever being filed by the following six entities and Senior Executive Employees of the HSUS and its affiliated Lobbying Organizations:

·       The HSUS;

·       The Humane Society Legislative Fund (HSLF) - - the publicly acknowledged “Lobbying” subsidiary of the HSUS;

·       Mr. Wayne Pacelle, the President and CEO of the HSUS and Vice President of the HSLF;

·       Mr. Michael Markarian, the Chief Operation Officer (C00) of the HSUS; the President of the HSLF; and the Chairman of the Humane USA Political Action Committee (PAC);

·       Ms. Nancy Perry, who up until May of this year was the HSUS Vice President of Government Affairs before she became the Senior Vice President of Government Affairs for the American Society for the Prevention to Cruelty to Animals (ASPCA); and

·       Ms. Amundson, the Executive Director of the HSLF.

Here it is most noteworthy that the above six entities and individuals have cumulatively and literally had thousands of direct contacts with Members of Congress, Congressional Staffers and with Senior Officials in the Executive Branch of our Government over the last five-plus years.  However, none of the above six entities and individuals have ever registered as a Lobbyist, or as a Lobbying Organization, or as a Lobbying Client, as they are required to do by the Lobbying Disclosure Act of 1995. 

Examples of the excessive “Lobbying Contacts” by the above six entities and individuals are set out below.  Significantly, the thousands of direct “Lobbying Contacts” that were made by the above six entities and individuals do not include the Hundreds of Millions of E-Mails that the HSUS sent to its Members and Supporters through the efforts of the HSUS support staff and the sophisticated “functionality” of the HSUS Website.  And every single one of these Hundreds of Millions of E-Mails urged the HSUS Members and Supporters to contact their respective Members of Congress and Senior Officials in the Executive Branch of our Government for the express purpose of supporting the publicized Lobbying Agenda of the HSUS.

·       Mr. Pacelle:

o      His BIO highlights the fact that he served as the “chief lobbyist and spokesperson” for the HSUS for nearly 10 years before he became the President and CEO of the HSUS.

o      His BIO includes his claim that he “has helped pass more than 25 federal statutes.”

o      His BIO acknowledges that he was the “founder of the Humane USA PAC,” which is the Political Action Committee of the Affiliated Organizations of the HSUS, and which has filed over 2,300 pages of lobbying related documents with the Federal Election Commission.

o      His BIO highlights that he was the “founder of the Humane Society Legislative Fund,” an organization that “lobbies for animal welfare legislation.”

o       His BIO explicitly states that he “has helped to pass more than 25 Federal Statutes.”

o      His BLOGS that are posted on the HSUS Website; his E-Mails that bear his personal signature, and which cumulatively have been sent to Millions of the HSUS Members and Supporters; his Town Hall Meetings and his Teleconference Calls; and his Newspaper, Magazine, Radio and TV Interviews with such personalities as Ellen DeGeneres and Oprah Winfrey are always punctuated and hallmarked by his braggadocio statements about how the HSUS lobbies at the Federal Level and “works the Halls of Congress.”  And most recently, when he appeared on the Greta Van Susteren FOX TV Program that aired on July 20, 2011, and he was asked why he and Michael Vick were together on Capitol Hill in Washington DC, his explicit quote was “We are here to lobby!”

o      Multiple photos posted on the HSUS Website, which have the HSUS Logo in the background, show Mr. Pacelle posing with 12 different Members of Congress who received awards from the HSUS and HSLF for their support of the HSUS Legislative Agenda in 2010.

·       Mr. Marakarian:

o      His BIO acknowledges that in addition to being the Executive Vice President and Chief Operation Officer of the HSUS, he also serves as the President of the Humane Society Legislative Fund (HSLF), and that he “oversees the lobbying and political activity” of the HSLF which is a “lobbying and political affiliate” of the HSUS and the other subsidiaries of the HSUS.

o      His BIO also confirms that he is the “Chairman of the Humane USA,” which is a Political Action Committee (PAC) of the HSLF and HSUS, and which has submitted over 2,300 pages of lobbying related documents to the Federal Election Commission.

o      Multiple photos posted on the HSUS Website, which have the HSUS Logo in the background, show Mr. Markarian posing with 12 different Members of Congress who received Awards from the HSUS and HSLF for their support of the HSUS Legislative Agenda in 2010.

·       Ms. Perry:

o       Her BIO listed her position as the HSUS Vice President of Government Affairs, and explicitly stated that “she oversees lobbing efforts . . . in Congress,” and that she “lobbies directly for federal animal protection legislation.”

o      Her BIO also explicitly stated that she “led successful efforts to secure landslide, bipartisan floor votes in favor of banning horse slaughter in the House and Senate.  Under her watch, federal legislation requiring disaster planning for pets, closing tax loopholes for trophy hunters, banning exotic pets, prohibiting the interstate commerce of birds for fighting, and banning dog and cat fur passed."

Multiple photos posted on the HSUS Website, which have the HSUS Logo in the background, show Ms Perry posing with 3 different Members of Congress who received Awards from the HSUS and HSLF for their support of the HSUS Legislative Agenda in 2010.

·       Ms. Amundson:

o      As reflected on the IRS Tax Return for the Humane Society Legislative Fund HSLF), Ms. Amundson serves as the Executive Director of the specifically designated “Lobbying” Subsidiary of the HSUS.

o      Multiple photos posted on the HSUS Website, which have the HSUS Logo in the background, show Ms Amundson posing with 2 different Members of Congress who received Awards from the HSUS and HSLF for their support of the HSUS Legislative Agenda in 2010.

·       Humane Society Legislative Fund (HSLF):

o      Its Tax Return Documents and its Website Descriptions identify the HSLF as a “lobbying” organization.

o      Published lobbying-related quotes on documents found on the HSLF and the HSUS Website include:

§       "The Humane Society Legislative Fund is . . . a separate lobbying affiliate of the Humane Society of the United States.  HSLF works to pass animal protection laws at the state and federal levels.”

§       "HSLF has endorsed congressional candidates.”

§       “HSLF publishes the Humane Scorecard, which tracks the voting records of Members of Congress, as well as a Voter Guide." (Up until 2009, these documents were posted on the HSUS Website.)

§       The HSLF published and posted its "111th Congress Humane Scorecard Leaders," and used it as the basis for giving special HSUS Awards to 144 Members of Congress.  (Up until 2009, the HSUS “Humane Scorecard” Award Winning Congressional Recipients were posted on the HSUS Website.)

·       Humane Society of the U.S. (HSUS):

o      Quotes from the Tax Returns of the HSUS include:

§    "FEDERAL ACTIVITIES . . . AT THE FEDERAL LEVEL, THE HSUS ADVOCATED FOR ANIMAL WELFARE LEGISLATION RELATING TO THE FOLLOWING ISSUES IN 2006:  (A total of 15 Different Issues were listed.) LOBBYING ON THESE ISSUES INCLUDED DIRECT CONTACT WITH LEGISLATORS AND THEIR STAFF."

§       "THE HSUS ASSISTED IN SENDING CONSTITUENT EMAIL AND FAXES TO LAWMAKERS THROUGH A FUNCTIONALITY ON THE SOCIETY'S WEBSITE."

§       "FEDERAL ACTIVITIES . . . AT THE FEDERAL LEVEL, THE HSUS ADVOCATED FOR ANIMAL WELFARE LEGISLATION RELATING TO THE FOLLOWING ISSUES IN 2007:  (A total of 16 Different Issues were listed.)

§    "FEDERAL ACTIVITIES . . . AT THE FEDERAL LEVEL, THE HSUS ADVOCATED FOR ANIMAL WELFARE LEGISLATION RELATING TO THE FOLLOWING ISSUES IN 2008:  (A total of 25 Different Issues were listed.)  LOBBYING ON THESE ISSUES INCLUDED DIRECT CONTACT WITH LEGISLATORS AND THEIR STAFF"

o      A fundraising page on the HSUS Website claims that it is able to accomplish its goals by “working in the halls of Congress to create laws.”

o      The HSUS has published over 100 “Take Action” Messages on its Website which urged all HSUS Members and Supporters to contact their Members of Congress.

o      The HSUS sponsors an Annual Weekend Lobbying Event in the Washington DC area each year.  Key quotes from documents on the HSUS Website concerning this Lobbying Event that occurred in July 2011 include:

§       "Our lobbyists will make an appointment with your legislators and/or their staffs"

§       "On Monday, join us on Capitol Hill and put your new skills into practice by discussing important animal protection legislation during your appointment."

§       "Our lobbyists guide you every step of the way."

·       HSUS VICE PRESIDENT FOR FEDERAL AFFAIRS: 

o      The HSUS has announced on its Website that it “is seeking a Vice President to lead its Federal Affairs team and to advance the organization’s public policy goals at the federal level, through the U.S. Congress, White House and regulatory agencies."

The U.S. Government Office that is responsible for ensuring compliance with the Lobbying Disclosure Act of 1995 is the Office of the U.S. Attorney for the District of Columbia.  Consequently, if that Office were to receive several thousand Letters and E-Mails from concerned citizens from all over the U.S. about the heretofore ability of the HSUS to ignore and not comply with the Laws enacted by the U.S. Congress, it is highly probable that the Department of Justice will very, very closely examine the compelling evidence that documents that the HSUS, the HSLF and their Senior Executive Employees have continuously failed to comply with the Lobbying Disclosure Act of 1995.

If you wish to send such a letter by “snail mail” or by E-Mail, the appropriate addresses and suggested text for such Letters and E-Mails are set out below.  If you send a letter by “snail mail,” be sure to sign the letter and add your full name and mailing address.  If you decide to send the letter by E-Mail, be sure to add your full name and address, and for the Subject Line use the following:  “ALLEGED VIOLATIONS OF THE LOBBYING DISCLOSURE ACT OF 1995 - - HSUS.”  The E-Mail address to use for your letter would be dc.outreach@usdoj.gov  Significantly, NO LETTER OR E-MAIL that is sent to any Office in the Justice Department is subject to public disclosure in response to any Freedom of Information Act (FOIA) Request.

Cumulatively, a “flood” of follow-up Letters and E-Mails from citizens from all over the U.S. that reference the Documented Complaint against the HSUS, which is now under review by the Office of the U.S. Attorney for the District of Columbia, will have a significant and powerful impact, and the HSUS may discover, to its chagrin, that it will no longer be permitted to operate “Above the Law!!!!!”    And if the Justice Department were to hold the HSUS, the HSLF and its Senior Leadership accountable for non-compliance with the Lobbying Disclosure Act of 1995, I am confident that the IRS will become aware of this fact!

THE SUGGESTED TEXT FOR LETTERS AND E-MAILS TO THE OFFICE OF THE U.S. ATTORNEY FOR THE DISTRICT OF COLUMBIA IS ET OUT BELOW:

Office of the U.S. Attorney for the District of Columbia

ATTN:  Mr. Keith Morgan

555 Fourth Street NW

Washington DC 20530

Subject:  Formal Complaint that Alleges that the Humane Society of the U.S.; the Humane

Society Legislative Fund; Mr. Wayne Pacelle; Mr. Michael Markarian; Ms. Nancy        Perry; and Ms. Sarah Amundson Have Failed to Comply with the Lobbying Disclosure Act of 1995 For Up To Five or More Years.

Dear Mr. Morgan:

As a follow-up to the Documented Complaint that your Office received on August 4, 2011, I respectfully ask that you ensure that the Humane Society of the U.S. (HSUS), the Humane Society Legislative Fund and their respective Senior Leadership be held accountable for their non-compliance with the Lobbying Disclosure Act of 1995.  The integrity of this Federal Statute, as well as all Federal Statutes, should never be allowed to be undermined by individuals or entities that operate and conduct their activities as if they are “Above the Law.”

Even without considering the Hundreds of Millions of HSUS-generated E-Mails, which urged its Members and Supporters to contact their respective Members of Congress for the express purpose of influencing Federal Legislation, the literally thousands of “direct contacts” with Members of Congress that were made by the Senior Executives of the HSUS for the express and acknowledged purpose to “lobby” Members of Congress constitute an overwhelming “Body of Evidence” which demonstrates a blatant disregard of the very explicit Registration and Reporting Requirements as set out in the Lobbying Disclosure Act of 1995.

I seek your assurance that no individual and no corporate entity shall ever be permitted to ignore the requirements of the Lobbying Disclosure Act of 1995, and that those who are not in compliance with this Act will be held accountable for such non-compliance.

                                          Sincerely,

Link to DOJ Complaint Letter

PUPS - - MISPLACED CONGRESSIONAL PRIORITIES - - THE “ART OF FINESSE!”

QUESTION:  WHEN WILL NURSING HOMES BE REQUIRED TO PROVIDE THE SAME LEVEL OF CARE FOR LOVED ONES AS IS PROVIDED TO DOGS?

As of August 15, 2011, 128 Members of Congress (24%) have either sponsored or co-sponsored PUPS - - a Legislative Bill that would amend the Animal Welfare Act and establish even more stringent care standards for all Federally Licensed and Inspected Dog Breeders than currently exist.  Here it is significant to note that if PUPS were enacted, it would set the stage for the HSUS to “push” and “pressure” the USDA to extend coverage of the Animal Welfare Act to hobby breeders as well.

The existing standards for dogs, as set out in the implementing Animal Welfare Regulation, are very detailed as to the precise quality of care that must be provided for each and every dog and puppy, as well as exacting requirements that, among other things, include precise “comfort” limitations on the temperatures maintained for the sheltered housing of dogs.  In this regard, Section 3.3 of the Animal Welfare Regulation provides that “sheltered housing facilities for dogs . . . must be sufficiently cooled when necessary to protect dogs . . . from temperature or humidity extremes and to provide for their health and well being.”  This same provision further provides that the “ambient temperature must not . . . rise above 85 (degrees F) for more than 4 hours when . . . dogs are present.  The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions in parts 2 and 3 of this Chapter.”   Furthermore, to ensure strict compliance with all provisions of the Animal Welfare Act, and its implementing Regulation, the Department of Agriculture is required to ensure that all Federally Licensed Breeders are in full compliance with the Animal Welfare Act and its implementing Regulation through the use of a detailed Federal Inspection Program which includes periodic, no notice inspections by Federal Inspectors of every Federally Licensed Dog Kennel in the entire U.S.

In contrast, while the U.S. Congress did enact the Nursing Home Reform Act in 1987, neither that Act nor its implementing Regulation that exists today - - nearly 25 years after Congress enacted the Nursing Home Reform Act - - establish Standards of Care for our Loved Ones, who must spend the twilight of their lives in Nursing Homes, with the same degree of detail as currently exists in the implementing Regulation to the Animal Welfare Act that explicitly establishes the required and detail care for dogs.  For example, if the air conditioning breaks down on a Friday Night in a Nursing Home and the ambient room temperature in the rooms of Loved Ones with respiratory problems rises above 85 (degrees F) for more than 4 hours, unlike the mandatory requirements for the care of dogs, there is no requirement for our Loved Ones to be moved to another room where the temperature is below 86 degrees F, or for the air conditioning to be repaired before Monday morning, if ever!  Furthermore, there is no current Statutory requirement, nor is there any pending legislation being considered by the U.S.  Congress that would require the Department of Health and Human Services to use Federal Inspectors to periodically inspect Nursing Homes - - that receive Billions of Dollars in Medicare and Medicaid Payments - - to ensure that our Loved Ones in Nursing Homes are actually receiving the minimum level of care mandated by the Nursing Home Reform Act.   To many, the absence of an air conditioning standard for Nursing Homes that is comparable to the air conditioning standard for dog kennels, and the absence of a Federal Inspection Program for Nursing Homes suggest that Congress places a higher priority on the care and welfare of dogs than it does for the care and welfare of our Loved Ones in Nursing Homes.

If you believe that a Loved One in a Nursing Home should receive at least the same quality of care as is provided to a dog, why don’t you ask your Members of Congress to support such legislation as a backdoor way to “finesse” and highlight the absurdity of the PUPS Bill without creating the appearance of a parochial interest of dog breeders.  That is the essence of the “Art of Finesse!”  In this regard, if the Members of Congress, who have co-sponsored the PUPS Bill, were to be made aware of the fact that they have placed  a higher priority on the care and welfare for dogs than on the care and welfare for our Loved Ones in Nursing Homes, a few may wince and reconsider their decision to co-sponsor PUPS.  And to those who are currently being “lobbied” by the HSUS to co-sponsor the PUPS Bill, the revelation about a higher priority for the care of dogs than for our Loved Ones in Nursing Homes may stop the momentum for any more Members of Congress to co-sponsor PUPS. 

I truly believe that if the Members of Congress became fully aware of the fact that the Federal Government places a higher priority on the care and welfare of dogs than on the care and welfare of our Loved Ones in Nursing Homes, such an awakening revelation may be the “showstopper” to derail the on-going momentum to enact the PUPS Bill.

Stop and reflect for a moment………. How many Members of Congress do you believe would welcome notoriety associated with the fact that the U.S. Congress apparently has placed a higher priority on the care and welfare of a dog than on the care and welfare of a Loved One in a Nursing Home?

If you wish to bring this comparative absurdity of Congressional Priorities to the attention your respective Members of Congress, you may do so by sending an E-Mail to them.  To send E-Mails, simply follow the instructions below.  It will take you less than 10 Minutes to do so, and it just may derail and stop the HSUS PUPS Freight Train!!!

1.  To send an E-Mail to your U.S. Representative, Log onto www.house.gov/writerep/

2.  Fill in your state and ZIP Code on the prompt that appears.

3.  Add your name, address and E-Mail address on the E-Mail Form for your U.S. Representative; and on the Subject Line add: PUPS - - MISPLACED CONGRESSIONAL PRIORITIES;  and then add the message set out below.

4.  To send an E-Mail to your Two Senators, Log onto:    www.senate.gov/general/contact_information/senators_cfm.cfm

5.  Click onto the E-Mail Address for each of your two U.S. Senators.

6.  Add your name, address and E-Mail address on the E-Mail Form for your two U.S. Senators; and on the Subject Line add: PUPS - - MISPLACED CONGRESSIONAL PRIORITIES;  and then add the message set out below.

Suggested Text of E-Mail Message

“I was alarmed to learn that the Federal Government has an Inspection Program that requires that all Federally Licensed  Breeders receive no notice inspections by Federal Inspectors to ensure compliance with the Animal Welfare Act, but that there is no Federal Inspection Program for Nursing Homes where our Loved Ones must  spend the twilight of their lives in a Nursing Home.  I am equally concerned that the Federal Government has an air conditioning standard for dog kennels, but no such air conditioning standard exists for the Nursing Home Rooms where our Loved Ones reside. 

Since the Federal Standards for the care and welfare of dogs in kennels are already more stringent than the existing Federal Standards for the care and welfare for our Loved Ones in Nursing Homes; and since Nursing Homes are not subject to periodic inspections by Federal Inspectors in the same manner that dog kennels are subject to inspections by Federal Inspectors, would you please tell me why Congress places a higher priority on amending the Animal Welfare Act with the pending PUPS Bill than it does on ensuring that Nursing Home Reform Act is amended so that our Loved Ones in Nursing Homes will receive the same level of care that is currently required by the U.S. Government to be provided for dogs?”