Revise Tax Code to Protect Children from Sexual Abuse

by ABibleStudent 13 Replies latest watchtower child-abuse

ABibleStudent

Over the last five years, I have read lots of threads complaining about the WTBTS, but few threads about becoming involved to help JWs to critically think for themselves so that they can decide whether to stay, change the WTBTS, or fade. I'm curious if anyone is willing to write to their political representatives like I did today?
Before someone writes that the bill that I wrote would infringe on rights of either the Establishment or Free Excercise clause of the U.S. Constitution, I already checked with a lawyer and she said that the concept sounds promising. The bill would have to be carefully written not to infringe on an individual's rights. I believe that I have done that, because the bill regulates what an organization and its representatives can do and not how an individual thinks or acts with their own free will.
If anyone is interested in reading the bill or forwarding it to their representatives or knowledgeable attorneys, please PM me with your email address. The bill is less than 25 pages long written in 14 pitch with double-spacing and approximately 2 inch margins.
Honorable Congressional Representative:
I respectfully ask that you introduce a bill in the 114th Congress by the end of February 2015 to revise the Tax Code to require that tax-exempt organizations protect children from sexual abuse instead of protecting and enabling pedophiles.

If you are interested, please write me and I will send you the rough draft of a bill with the following:
1. Insert a new sub-section in 26 U.S. Code § 501 to describe the criteria and process to suspend an organization's tax-exempt status, and would allow the IRS to charge all tax-exempt a nominal an annual fee (may be $10 to $50) to fund the effort. Applicable tax-exempt organizations would be required to ensure that applicable adults pass a criminal background check and complete sexual abuse awareness training, to promote to members and employees to report suspected violent felonies to local law enforcement, to prohibit using undue influence on members and employees, and to prohibit promoting bigotry, prejudice, and incite hatred and civil unrest.
2. Amend 26 U.S. Code § 6033 to require that all tax-exempt organizations, including religious organizations that are currently exempt, to file annual reports and adds additional requirements about what to include in the annual reports.
3. Amend 26 U.S. Code § 6104 to require the Treasury to provide free access to applications for tax-exemption and annual reports through the internet. The Treasury would be prohibited from releasing personal contact information (not business contact information) through the internet.
4. Create Section 520 to allow taxing of funds transferred from/to non-compliant organizations to reduce funding to such organizations.
The bill I wrote is a rough draft so it does need attorneys with Tax Code, legislative writing, or Constitutional Law experience to review and revise it. I estimate that the bill is currently 85% completed.
This bill may have additional benefits that would help to prevent undue influence from being used to create fanatical individuals that blindly follow orders from an organization's leaders/representatives (i.e., People's Temple/Jim Jones, Heaven's Gate, and ISIS).
Regards,
Robert
Members from the U.K., Canada, Australia, and other countries could probably create similar bills to change Charity or tax laws in their country.
Peace be with you and everyone, who you love,
Robert
Athanasius

Good work ABS. However, you should run it by an attorney who specializes in these issues. Also you might want to do some research and find out which members of Congress are advocates of children's rights; as these members might be especially interested in a bill like you propose.
The Watchtower worships the mighty dollar, so something like this would surely get their
Athanasius

The Watchtower worships the almighty dollar, so something like this would surely get their
ABibleStudent

Thanks Athanasius for the compliment.
About five days ago I asked several people to review it and forward it to attorneys with tax code, legislative writing, and Constitutional Law experience. Steven Hassan forwarded it to attorneys Alan Scheflin, Marci Hamilton, Carissa Phelps, and Paul Grosswald within a day of receiving my email, but did not expect a quick response.
I have already thanked Steven Hassan for helping me, and I would like to do a plug for Steven Hassan's books by posting information that was at the bottom of his email to me. JWs who want to learn how to help their JW family and friends to critically think for themselves, now have options to learn from Steven Hassan's books from their computers, tablets, phones, and music devices.
As of August 1st, 2014, the rights to my first book, Combating Cult Mind Control, are now mine. I am busily working on updating it and releasing it officially as an e-book, audiobook, and paperback, due out March 8th 2015.
My latest book, is in a new updated, 2nd edition. Freedom of Mind: Helping Loved Ones Leave Controlling People, Cults and Beliefs is available on Amazon.com and other online booksellers as paperback and e-book http://freedomofmind.com/Media/bookFreedom.php
Today I started an email campaign to ask Congressional Representatives as well as organizations who might be interested. I don't anticipate many ex-JWs/JWs will get involved writing to their political representatives.
Peace be with you and everyone, who you love,
Robert
MeanMrMustard

So the WTB&TS could lose their tax except status if they promote "bigotry, prejudice, and incite hatred and civil unrest", correct? And it would apply to any organization/religion looking to have tax-except status, correct?
Question: who gets to define what "bigotry" is in this case? What does "incite hatred" mean? Is it broad or narrow? Is disfellowshipping 'inciting hate'? Is not accepting homosexuals 'bigotry' under this definition?
MMM
JHK

Robert: A good action!
Phizzy

Dear Mean Mr Mustard,
When Legislation such as this is put forward in the U.K, Parliament, the Lords and the House of Commons, will finally decide on the wording, and how terms are defined. This is a process of several stages, which does result in fairly concise Laws, although inevitably some areas may be somewhat opaque.
It is usually then left to the Courts to decide how finely the Law should be interpreted.
I presume a similar process is gone through in the U.S ?
ABibleStudent

@JHK - Thanks for the compliment.
@ MeanMrMustard and Phizzy, Either the bill would contain definitions like for "Promote" (see in quotes below) or the Secretary would promulgate regulations and define words for those regulations. The bill also contains wording that the Secretary would create a volunteer advisory board (see in quotes below) to only help in promulgating regulations.
Like I wrote in the initial post to this thread I would very much like input from attorneys with Tax Code, legislative writing, and Constitutional Law experience to review this bill before being introduced to the 114th Congress to correct any legal and Constitutional errors in it.
On page 7, Lines 4-9 in the Definitions of the proposed bill -
(9) PROMOTE.—The term ‘‘Promote” means any activity that distributes a message from an organization or its leaders through its representatives or channels of distribution to a member or employee with the intent to influence an individual to change their thinking to conform to such organization’s message.
On page 5, Lines 11-16 in the Findings Section of Congress of the proposed bill -
(15) An advisory board of volunteers composed of individuals with experience advocating to protect children from sexual abuse or protect individuals from undue influence, and preferably an equal number of individuals representing tax- exempt organizations will ensure a balanced source of current and relevant information to advise the Secretary when promulgating regulations to implement this Act;
On Page 10, Lines 3-6 of the proposed bill to amend 26 U.S. Code § 501 -
"(A) Establish an advisory board described in paragraph (3) to assist in promulgating regulations from requirements in paragraph (4),”;
Peace be with you and everyone, who you love,
Robert
Chaserious

Interesting- it seems like you've put a lot of work and research into this. I don't know that it would be unconstitutional, although if something like this were to be enacted, I'm sure it would be challenged on that basis. I do think it would be a hell of a challenge to draft this so that it would not be void for vagueness. I know you can't post the entire 25 pages here, but I'm curious if you've come up with a way to define who the "applicable" organizations and adults are?
Applicable tax-exempt organizations would be required to ensure that applicable adults pass a criminal background check and complete sexual abuse awareness training
I'm certainly no expert on legislation, but having done an internship on the hill, I suspect that to get any results from a grassroots lobbying effort like you propose would require support broader than even the entire active ex-JW community.
Also, I would suggest that it is more meaningful to call your representative's office rather than send a letter. If a legislator's office receives calls from various people on the same issue, it's more likely that issue will get surfaced up the chain. I think there is a belief that when someone is willing to make a phone call and have done enough research to explain why legislation is important to them, they are more likely to remember that issue on voting day than someone who sends a form letter or email that was composed by someone else. Just my two cents.
ABibleStudent

Hi Chaserious, I hope the following excerpts from the bill answers your question.
Definitions from the bill -
(2) ADULT.— The term “Adult” means an individual who is 18-years or older and is not related to a child.
(3) AGENCY. — The term “Agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
     (A) the Congress;
     (B) the courts of the United States;
     (C) the governments of the territories or possessions of the United States;
   (D) the government of the District of Columbia.
(4) CHILD. — The term “Child” (or plural “Children”) means an individual who is younger than 18-years old.
(6) INDIVIDUAL.—The term ‘‘Individual’’ means a single human being as distinct from a group, class, or family.
(8) ORGANIZATION.—The term ‘‘Organization’’ includes more than one individual, partnership, company, corporation, association, trusts, legal representatives, or public or private organization other than an agency.
(10) REPRESENTATIVE.—The term ‘‘Representative’’ means an individual acting for or on behalf of an organization through delegated authority or distributes an organization’s message.
(13) UNDUE INFLUENCE. — The term “Undue Influence” means an act of mental, moral, physical, behavioral, informational, or emotional domination that over-comes the free will and judgment of an individual including using exhortations, insinuations, flattery, trickery, deception, coercion, duress, inducement, or using behavioral, information, thought, or emotional manipulation techniques.;

Inserting in 26 U.S. Code Section 501 after subsection (s) -
‘‘(t) Suspension of tax-exempt status of non-compliant organizations”;
      “(1) In general —The exemption from tax under subsection (a) with respect to any organization described in paragraph (2), and the eligibility of any organization described in paragraph (2) to apply for recognition of exemption under subsection (a), shall be suspended during the period described in paragraph (3).”;
     “(2) Suspension of tax-exempt status - To carry out the purpose of this sub section the Secretary shall:”;
            “(A) Establish an advisory board described in paragraph (3) to assist in promulgating regulations from requirements in paragraph (4),”;
            “(B) Promulgate regulations from requirements in paragraph (4)”;
            “(C) Create cost-effective internet tools, database, or solutions including submitting documentation in digital formats to facilitate individuals filing complaints against a tax-exempt organization,”;
            “(D) Investigate complaints against a tax-exempt organization that does not comply with a requirement in paragraph (4),”;
            “(E) Adjudicate valid complaints collectively when feasible to reduce costs against a tax-exempt organization that does not comply with a requirement in paragraph (4),”;
      “(4) Requirements — An organization or representative of the organization shall:”;
            “(A) Proactively implement effective child protection policies and practices, including:”;
                  “(i) Promote to an individual to immediately report all felony crimes to law enforcement, and before reporting to an organization’s legal department.”;
                 “(ii) Require that all adults, who participate in an activity sanctioned by an organization and who might work with, hold a position of authority over a child, supervise, or be alone with children must pass a criminal background check and complete sexual abuse awareness training that meets requirements approved by the Secretary.”;
                 “(iii) Require that all parents, whose children are participating in activities that are sanctioned by an organization, are given sexual abuse awareness information that meets requirements approved by the Secretary.”;
            “(B) Immediately report suspected child abuse to law enforcement by at least identifying the victim and how to contact the victim.”;
            “(C) Shall not use nor promote using undue influence on a member or an employee of an organization.”;
            “(D) Shall not promote prejudice or bigotry based on race, gender, sexual orientation, religious beliefs, and physical or mental disabilities to members or employees of an organization.”;
           “(E) Shall not incite hatred or civil unrest based on race, gender, sexual orientation, religious beliefs, and physical or mental disabilities.”;
      “(5) Exemption — If an organization or a representative does not organize, promote, nor endorse any activities that would allow an adult to unduly influence a child, it is exempt from complying with the requirements in paragraph 4(A) and must notify the Secretary that it is exempt from complying with the requirement.”;
I'm working with Barbara Anderson and Kathleen Conti to use Linkedin and the Linkedin Group Advocates to Protect Children from Maltreatment [ https://www.linkedin.com/groups?home=&gid=6784497&trk=groups_item_detail-h-logo ] to connect with other advocates and politicians and their staff.
Peace be with you and everyone, who you love,
Robert

Revise Tax Code to Protect Children from Sexual Abuse

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