Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, FEBRUARY 13, 2002 No. 13 House of Representatives BIPARTISAN CAMPAIGN REFORM shall be debatable for 20 minutes, Amendment in the nature of a substitute ACT OF 2001 equally divided and controlled by the No. 13 offered by Mr. ARMEY: proponent and an opponent, shall not Strike all after the enacting clause and in- (Continued) sert the following: be subject to amendment, and shall not The CHAIRMAN. No amendment to SECTION 1. SHORT TITLE. be subject to a demand for division of the bill, or to the bill as perfected by This Act may be cited as the ‘‘Ban it All, the question. an amendment in the nature of a sub- Ban it Now Act’’. Pursuant to the order of the House of stitute finally adopted, shall be in TITLE I—SOFT MONEY ACTIVITIES OF Tuesday, February 12, 2002, the Chair order except those printed in the por- PARTIES AND CANDIDATES shall alternate recognition to offer the tion of the CONGRESSIONAL RECORD des- SEC. 101. SOFT MONEY OF POLITICAL PARTIES. amendments specified in section 3 be- (a) IN GENERAL.—Title III of the Federal ignated for that purpose or otherwise Election Campaign Act of 1971 (2 U.S.C. 431 specified in House Resolution 344. tween the majority leader or a designee or the majority leader, and Representa- et seq.) is amended by adding at the end the Before consideration of any other following: amendment, it shall be in order to con- tive SHAYS or Representative MEEHAN or a designee of either Member, only as ‘‘SEC. 323. SOFT MONEY OF POLITICAL PARTIES. sider each amendment in the nature of ‘‘(a) NATIONAL COMMITTEES.— follows: a substitute specified in section 2 of ‘‘(1) IN GENERAL.—A national committee of the resolution. Each such amendment The majority leader for one amend- a political party (including a national con- may be offered only in the order speci- ment; gressional or Senatorial campaign com- fied, may be offered only by the Mem- Representative SHAYS or Representa- mittee of a political party) may not solicit, ber designated or a designee, shall be tive MEEHAN for one amendment; receive, or direct to another person a con- considered read, shall be debatable for The majority leader for 2 amend- tribution, donation, or transfer of funds or any other thing of value, or spend any funds, 40 minutes, equally divided and con- ments in sequence; Representative SHAYS or Representa- that are not subject to the limitations, pro- trolled by the proponent and an oppo- hibitions, and reporting requirements of this tive MEEHAN for one amendment; nent, and shall not be subject to Act. The majority leader for two amend- amendment except as specified in sec- ‘‘(2) APPLICABILITY.— The prohibition es- tion 3 of the resolution. ments in sequence; tablished by paragraph (1) applies— If more than one amendment in the Representative SHAYS or Representa- ‘‘(A) to any such national committee, any nature of a substitute specified in sec- tive MEEHAN for one amendment; officer or agent acting on behalf of such a tion 2 is adopted, only the one receiv- The majority leader for two amend- national committee, and any entity that is ing the greater number of affirmative ments in sequence; directly or indirectly established, financed, Representative SHAYS or Representa- maintained, or controlled by such a national votes shall be considered as finally committee; and adopted. In the case of a tie for the tive MEEHAN for one amendment; The majority leader for two amend- ‘‘(B) to all activities of such committee greater number of affirmative votes, and the persons described in subparagraph only the last amendment to receive ments in sequence; (A), including the construction or purchase that number of affirmative votes shall Representative SHAYS or Representa- of an office building or facility, the influ- be considered as finally adopted. tive MEEHAN for one amendment; and encing of the reapportionment decisions of a After disposition of the amendments The majority leader for one amend- State, and the financing of litigation relat- in the nature of a substitute specified ment. ing to the reapportionment decisions of a in section 2, the provisions of the bill, It is now in order to consider the State. ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- or the provisions of the bill as per- amendment in the nature of a sub- TEES.—Any amount that is expended or dis- fected by an amendment in the nature stitute numbered 13 specified in section bursed for Federal election activity by a of a substitute finally adopted, shall be 2 of House Resolution 344 by the gen- State, district, or local committee of a polit- considered as an original bill for the tleman from Texas (Mr. ARMEY). ical party (including an entity that is di- purpose of further amendment under AMENDMENT IN THE NATURE OF A SUBSTITUTE rectly or indirectly established, financed, the 5-minute rule and shall be consid- NO. 13 OFFERED BY MR. ARMEY maintained, or controlled by a State, dis- ered read. Mr. ARMEY. Mr. Chairman, I offer trict, or local committee of a political party No further amendment shall be in an amendment in the nature of a sub- and an officer or agent acting on behalf of order except those specified in section stitute. such committee or entity), or by an association or similar group of candidates for State 3 of the resolution. Each such amend- The CHAIRMAN. The Clerk will des- or local office or individuals holding State or ment may be offered only by the Mem- ignate the amendment. local office, shall be made from funds subject ber designated or a designee. Each such The text of the amendment in the na- to the limitations, prohibitions, and report- amendment shall be considered read, ture of a substitute is as follows: ing requirements of this Act.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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‘‘(c) FUNDRAISING COSTS.—An amount spent which engages primarily in activities de- TITLE II—SOFT MONEY ACTIVITIES OF by a person described in subsection (a) or (b) scribed in such clauses, the limitation appli- CORPORATIONS AND LABOR ORGANIZA- to raise funds that are used, in whole or in cable for purposes of a donation of funds by TIONS part, for expenditures and disbursements for an individual shall be the limitation set SEC. 201. BAN ON USE OF SOFT MONEY FOR NON- a Federal election activity shall be made forth in section 315(a)(1)(D). PARTISAN VOTER REGISTRATION from funds subject to the limitations, prohi- ‘‘(f) STATE CANDIDATES.— AND GET-OUT-THE-VOTE ACTIVITIES. bitions, and reporting requirements of this ‘‘(1) IN GENERAL.—A candidate for State or Section 316(b)(2) of the Federal Election Act. local office, individual holding State or local Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is ‘‘(d) TAX-EXEMPT ORGANIZATIONS.—A na- office, or an agent of such a candidate or in- amended by striking ‘‘(B) nonpartisan reg- tional, State, district, or local committee of dividual may not spend any funds for a com- istration and get-out-the-vote campaigns’’ a political party (including a national con- munication described in section and all that follows through ‘‘and (C)’’ and gressional or Senatorial campaign com- 301(20)(A)(iii) unless the funds are subject to inserting ‘‘and (B)’’. mittee of a political party), an entity that is the limitations, prohibitions, and reporting directly or indirectly established, financed, requirements of this Act. TITLE III—OTHER SOFT MONEY ACTIVITIES maintained, or controlled by any such na- ‘‘(2) EXCEPTION FOR CERTAIN COMMUNICA- tional, State, district, or local committee or TIONS.—Paragraph (1) shall not apply to an SEC. 301. BAN ON USE OF SOFT MONEY FOR GET- its agent, and an officer or agent acting on individual described in such paragraph if the OUT-THE-VOTE ACTIVITIES BY CER- behalf of any such party committee or enti- communication involved is in connection TAIN ORGANIZATIONS. ty, shall not solicit any funds for, or make or with an election for such State or local office Title III of the Federal Election Campaign direct any donations to— and refers only to such individual or to any Act of 1971 (2 U.S.C. 431 et seq.), as amended ‘‘(1) an organization that is described in other candidate for the State or local office by section 101, is further amended by adding section 501(c) of the Internal Revenue Code held or sought by such individual, or both.’’. at the end the following new section: of 1986 and exempt from taxation under sec- SEC. 102. DEFINITIONS. ‘‘BAN ON USE OF NONFEDERAL FUNDS FOR GET- tion 501(a) of such Code (or has submitted an Section 301 of the Federal Election Cam- OUT-THE-VOTE ACTIVITIES BY CERTAIN ORGA- application for determination of tax exempt paign Act of 1971 (2 U.S.C. 431) is amended by NIZATIONS status under such section) and that makes adding at the end the following: ‘‘SEC. 324. (a) IN GENERAL.—Any amount expenditures or disbursements in connection ‘‘(20) FEDERAL ELECTION ACTIVITY.— expended or disbursed for get-out-the-vote with an election for Federal office (including ‘‘(A) IN GENERAL.—The term ‘Federal elec- activities by any organization described in expenditures or disbursements for Federal tion activity’ means— subsection (b) shall be made from amounts election activity); or ‘‘(i) voter registration activity; subject to the limitations, prohibitions, and ‘‘(2) an organization described in section ‘‘(ii) voter identification, get-out-the-vote reporting requirements of this Act. 527 of such Code (other than a political com- activity, or generic campaign activity con- ‘‘(b) ORGANIZATIONS DESCRIBED.—An orga- mittee, a State, district, or local committee ducted in connection with an election in nization described in this subsection is— of a political party, or the authorized cam- which a candidate for Federal office appears ‘‘(1) an organization that is described in paign committee of a candidate for State or on the ballot (regardless of whether a can- section 501(c)(3) or 501(c)(4) of the Internal local office). didate for State or local office also appears Revenue Code of 1986 and exempt from tax- ‘‘(e) FEDERAL CANDIDATES.— on the ballot); or ation under section 501(a) of such Code (or ‘‘(1) IN GENERAL.—A candidate, individual ‘‘(iii) a public communication that refers has submitted an application for determina- holding Federal office, agent of a candidate to a clearly identified candidate for Federal tion of tax exempt status under such sec- or an individual holding Federal office, or an office (regardless of whether a candidate for tion); or entity directly or indirectly established, fi- State or local office is also mentioned or ‘‘(2) an organization described in section nanced, maintained or controlled by or act- identified) and that promotes or supports a 527 of such Code (other than a State, district, ing on behalf of 1 or more candidates or indi- candidate for that office, or attacks or op- or local committee of a political party, a viduals holding Federal office, shall not— poses a candidate for that office (regardless candidate for State or local office, or the au- ‘‘(A) solicit, receive, direct, transfer, or of whether the communication expressly ad- thorized campaign committee of a candidate spend funds in connection with an election vocates a vote for or against a candidate). for State or local office).’’. for Federal office, including funds for any ‘‘(B) EXCLUDED ACTIVITY.—The term ‘Fed- Federal election activity, unless the funds eral election activity’ does not include an SEC. 302. BAN ON USE OF SOFT MONEY FOR ANY are subject to the limitations, prohibitions, PARTISAN VOTER REGISTRATION amount expended or disbursed by a State, ACTIVITIES. and reporting requirements of this Act; or district, or local committee of a political Title III of the Federal Election Campaign ‘‘(B) solicit, receive, direct, transfer, or party for— Act of 1971 (2 U.S.C. 431 et seq.), as amended spend funds in connection with any election ‘‘(i) a public communication that refers by sections 101 and 301, is further amended other than an election for Federal office or solely to a clearly identified candidate for by adding at the end the following new sec- disburse funds in connection with such an State or local office, if the communication is tion: election unless the funds— not a Federal election activity described in ‘‘(i) are not in excess of the amounts per- subparagraph (A)(i) or (ii); ‘‘BAN ON USE OF NONFEDERAL FUNDS FOR mitted with respect to contributions to can- ‘‘(ii) a contribution to a candidate for PARTISAN VOTER REGISTRATION ACTIVITIES didates and political committees under para- State or local office, provided the contribu- ‘‘SEC. 325. No person may expend or dis- graphs (1), (2), and (3) of section 315(a); and tion is not designated or used to pay for a burse any funds for partisan voter registra- ‘‘(ii) are not from sources prohibited by Federal election activity described in sub- tion activity which are not subject to the this Act from making contributions in con- paragraph (A); or limitations, prohibitions, and reporting re- nection with an election for Federal office. ‘‘(iii) the costs of grassroots campaign ma- quirements of this Act.’’. ‘‘(2) STATE LAW.—Paragraph (1) does not terials, including buttons, bumper stickers, The CHAIRMAN. Pursuant to section apply to the solicitation, receipt, or spending and yard signs, that name or depict only a 2 of House Resolution 344, the gen- of funds by an individual described in such candidate for State or local office. tleman from Texas (Mr. ARMEY) and a paragraph who is also a candidate for a State ‘‘(21) GENERIC CAMPAIGN ACTIVITY.—The or local office solely in connection with such term ‘generic campaign activity’ means a Member opposed each will control 20 election for State or local office if the solici- campaign activity that promotes a political minutes. tation, receipt, or spending of funds is per- party and does not promote a candidate or Chair recognizes the gentleman from mitted under State law and refers only to non-Federal candidate. Texas (Mr. ARMEY), the majority lead- such State or local candidate, or to any ‘‘(22) PUBLIC COMMUNICATION.—The term er. other candidate for the State or local office ‘public communication’ means a communica- Mr. HOYER. Mr. Chairman, I claim sought by such candidate, or both. tion by means of any broadcast, cable, or the time in opposition. ‘‘(3) FUNDRAISING EVENTS.—Notwith- satellite communication, newspaper, maga- The CHAIRMAN. The gentleman will standing paragraph (1), a candidate or an in- zine, outdoor advertising facility, mass mail- dividual holding Federal office may attend, ing, or telephone bank to the general public, be recognized. speak, or be a featured guest at a fundraising or any other form of general public political Mr. ARMEY. Mr. Chairman, I yield event for a State, district, or local com- advertising or political advertising directed myself 2 minutes. mittee of a political party. to an audience of 500 or more people. Mr. Chairman, in light of today’s de- ‘‘(4) LIMITATION APPLICABLE FOR PURPOSES ‘‘(23) MASS MAILING.—The term ‘mass mail- bate, that I anticipate will feature a OF SOLICITATION OF DONATIONS BY INDIVIDUALS ing’ means a mailing by United States mail great deal of self-flagellation and tacit TO CERTAIN ORGANIZATIONS.—In the case of or facsimile of more than 500 pieces of mail indictment of one another, let me state the solicitation of funds by any person de- matter of an identical or substantially simi- at the outset that I am not now, never scribed in paragraph (1) on behalf of any en- lar nature within any 1-year period. tity described in subsection (d) which is ‘‘(24) TELEPHONE BANK.—The term ‘tele- have been, nor ever will be corrupted made specifically for funds to be used for ac- phone bank’ means more than 500 telephone by contributions to my campaign in tivities described in clauses (i) and (ii) of sec- calls of an identical or substantially similar soft or hard money, and I do not be- tion 301(20)(A), or made for any such entity nature within any 1-year period.’’. lieve any of my colleagues have now,

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.004 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H371 ever have been, or ever will be cor- substitute. It does not end soft money national committee of a political party can rupted. after the election, it does not end soft use soft money to pay off a debt or obliga- That is a great fiction for dema- money after we have used it to manipu- tion that was used to fund expenditures that goguery, but it is not the facts of who late hard money, it is now. So if, in must be paid for with hard money. It is clear we are, and we ought to have the cour- under federal election law that only hard fact, my colleagues have the courage of money can be used to pay off a loan that was age to stand up and say, my colleagues, their convictions and they want to put used for hard money expenditures. I see that we are decent, honest, hard-work- their money where their mouth is, nothing in Section 402(b)(1) of the Shays- ing servants of this country, our re- their soft money where their soft-spo- Meehan Substitute Amendment that would spective districts, and the ideas that ken mouth is, vote for Armey and get supersede current federal law. Under Section we embrace. And I, for one, am proud rid of soft money now. 402(b)(1), soft money funds on hand after the to make that comment about myself If my colleagues do not want to get election could only be used to pay off debts and my colleagues. rid of soft money now, then quit talk- or obligations used for soft money expendi- We have in this debate a great deal of tures. ing about it. I mean, at least do us the If you have any other questions, please do allegiance to Shays-Meehan. There is courtesy of giving us the benefit of the Shays-Meehan No. 1, the original bill not hesitate to contact me. doubt with respect to the suspicion Sincerely, that attracted a lot of cosponsorship, that we are not total idiots. We are ei- LARRY NOBLE, and a lot of people will come to the ther for a ban on soft money now or we Executive Director and General Counsel, floor and say, I am for that, and by are not. We are either for tricks and (Former General Counsel of the Federal their commitment to Shays-Meehan gimmicks, exceptions and loopholes or Election Commission). will be for the original Shays-Meehan we are not. If we are for a real ban now, Mr. HOYER. Mr. Chairman, I reserve bill, a couple of years old now. vote for Armey. the balance of my time. There are those who will say I am Mr. Chairman, I ask unanimous con- Mr. LINDER. Mr. Chairman, I yield 2 committed to what I call Shays-Mee- sent that I be allowed to yield the de- minutes to the gentleman from Cali- han No. 2; that revision of the original bate time I have remaining on my fornia (Mr. DOOLITTLE), who has some Shays-Meehan that featured 17 amend- amendment to the gentleman from time constraints, and then I will make ments that were offered by a rule ear- Georgia (Mr. LINDER), and I further ask my comments. lier in this Congress, in 17 separate unanimous consent that he be per- b 1215 amendments, which was considered un- mitted to control that time. fair and resulted in the rule being The CHAIRMAN. Is there objection Mr. DOOLITTLE. Mr. Chairman, I voted down, principally by proponents to the request of the gentleman from thank the gentleman for yielding me of Shays-Meehan. Texas? this time. Or there may be those who believe in There was no objection. I draw Members’ attention to an arti- Shays-Meehan No. 3; that which we dis- Mr. HOYER. Mr. Chairman, I ask cle in today’s Washington Post, not by covered in the wee hours of the morn- unanimous consent that the gentleman a Republican or a conservative, by ing as they were presented last night from Connecticut (Mr. SHAYS) and the Robert J. Samuelson, entitled ‘‘It Is with some seven or eight new amend- gentleman from Massachusetts (Mr. Not Reform, It Is Deception.’’ That is ments to it, which will be offered later MEEHAN) may each control 5 minutes of all this Shays-Meehan bill and the as a substitute by the gentleman from the time allocated to me, and that they McCain-Feingold bill are about. I en- Connecticut (Mr. SHAYS) and the gen- may yield such time. courage Members to read it because it tleman from Massachusetts (Mr. MEE- The CHAIRMAN. Is there objection is not from a Republican perspective, HAN). to the request of the gentleman from and yet it makes all the Republican ar- What is the common thread that runs Maryland? guments. With all of the demagoguery through Shays-Meehan No. 1, No. 2, and There was no objection. we are going to hear today, I hope No. 3? A consistent pattern of the accu- Mr. HOYER. Mr. Chairman, I yield Members will read this because in one mulation of loopholes to the soft myself 1 minute. little summary, Members will get the money ban. It may be that my memory Mr. Chairman, I have in my hand a essence of what this is all about. does not serve me well, but it is pos- letter from Mr. Larry Noble, executive Mr. Chairman, the disastrous present sible perhaps Shays-Meehan No. 1, the director and general counsel of the law that we have was given to us by original, did have an immediate, full, Center for Responsive Politics, who the same liberals who are now bringing complete, comprehensive ban on soft was the former general counsel of the to us an updated version in the Shays- money. That may or may not have Federal Election Commission, and I Meehan bill. This law was rammed been the case, but it is sure not the quote from that letter: through in 1974 by liberal Democrats in case now. ‘‘It is clear under Federal election law that the far left of the think tanks to try We have in the accumulation of loop- only hard money can be used to pay off a holes some 20 loopholes to the soft and take advantage of Republicans loan that was used for hard money expendi- through the law and making it harder money ban. The one thing for certain tures.’’ we can say about Shays-Meehan, as we for them to campaign. It worked. It Constantly, the other side has been took us 20 additional years before we will see it on this floor, is there is no using as a windmill that they want to full soft money ban now. won the House of Representatives as a have us quixotically focus on, this in- result of that law. My favorite loophole of the soft correct claim that we somehow allow money ban, and the only one I will talk If this disastrous bill passes today soft money to be used to pay off hard unamended, I suspect we will have an- about because there are so many loop- money debt. The letter goes on to say, holes, is the one that popped up last other 20 years in the trenches before we ‘‘I see nothing in section 402(b)(1) of the ever come back. Why is it right to night around midnight. That loophole, Shays-Meehan Substitute,’’ referred to under the guise of reform, allows peo- abuse the law to skew it in favor of one by so many of the speakers, ‘‘that party and against another? It is ter- ple to do with soft money after reform would supersede current Federal law. what they cannot do legally today, and ribly wrong. Under section 402(b)(1), soft money As Samuelson says, it is not reform, that is borrow soft money, spend it as funds on hand after elections could hard money, and then after the elec- it is deception. I support the amend- only be used to pay off debts or obliga- ment of the gentleman from Georgia tion to pay it off as soft money. That tions used for soft money expendi- one cracks me up. (Mr. LINDER). If we ban soft money, ban tures.’’ it cleanly, not with 85 pages of excep- How in the world could anybody with Mr. Chairman, I provide for the a straight face say I am here with a tions like the Shays-Meehan bill does. RECORD the letter I just quoted from. heartfelt commitment to get rid of the Ban it cleanly. It does not need to be evils of soft money and vote or even CENTER FOR RESPONSIVE POLITICS, banned, but I am going to vote for the Washington, DC, February 13, 2002. amendment because I want the bill to offer such an amendment to Shays- Hon. CHRISTOPHER SHAYS, Meehan? Longworth Building, Washington, DC. go to conference. If my colleagues want to end soft DEAR CONGRESSMAN SHAYS: This is in re- This disastrous system the Demo- money now, now, vote for the Armey sponse to your question regarding whether a crats gave us needs to be fixed. The

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.038 pfrm03 PsN: H13PT2 H372 CONGRESSIONAL RECORD — HOUSE February 13, 2002 only way to fix it and get a level play- tees, corporations, and labor unions. I The CHAIRMAN. Is there objection ing field is to send it to conference. I am pleased that much of that bill is in- to the request of the gentleman from support the gentleman’s amendment. corporated in this substitute today. Maryland? Mr. HOYER. Mr. Chairman, I yield 30 But the debate here today is not about There was no objection. seconds to the gentleman from Vir- my language; it is about my principles. Mr. DAVIS of Florida. Mr. Chairman, ginia (Mr. MORAN.) And while I support campaign finance I yield 1 minute to the gentleman from Mr. MORAN of Virginia. Mr. Chair- reform, principle prevents me from Utah (Mr. MATHESON). man, first of all, I take great exception supporting Shays-Meehan. Mr. MATHESON. Mr. Chairman, sim- to the majority leader’s words that we Mr. Chairman, all Americans deserve ply stated, campaigns in this country think that he is a total idiot. Not only a voice in the political process, and we really ought to be a dialogue between is the gentleman very clever, but his need campaign finance reform to en- candidates and voters. Members all amendment is very clever. It is not the sure that all voices are heard. Yet have their own personal experiences. I words that are the problem, it is the Shays-Meehan simply silences some was just elected in November of 2000. intent. In fact, only 8 cents out of voices altogether while amplifying oth- That dialogue that should have been every soft-money dollar spent in the ers. Shays-Meehan creates a playing taking place between candidates and 2000 campaign cycle spent by the par- field, but it is not a level playing field. voters was diluted and in fact polluted ties went to voter education, phone It is a field where winners are guaran- by massive amounts of unaccountable banks, voter registration, get-out-the- teed. Clever rhetoric and good inten- soft money. That is money that funded vote, traditional party-building activi- tions have never been able to hide this issue commercials that were sham ads ties. The problem is the intent. If this fatal flaw. that were deceptive, or they contained passes, it will go to conference, and it While soft money is certainly not the out and out lies; and there was no one will be killed in conference. root of all evil in modern politics, all to hold accountable, including my op- Mr. LINDER. Mr. Chairman, I yield direct contributions to national parties ponent. And, quite frankly, my oppo- myself such time as I may consume. from corporations, labor unions, or in- nent took some blame for that, and it Mr. Chairman, to begin to address dividuals should fall under the same was inappropriate. Today is the day we the question of intent, this bill, or the regulation as direct contributions to can stand up and try to clean up this vast majority of this bill, was actually candidates fall under. Ultimately, cam- process so Members have that appro- introduced March 15, 2001. It was intro- paign finance reform must be about priate dialogue between candidates and duced by me after talking to many peo- fairness. Bringing corporations, labor voters. I encourage Members to support ple about it because I believe if we unions, interest groups, and individuals the Shays-Meehan bill. want to get rid of soft money, Members under the same regulations as everyone Mr. LINDER. Mr. Chairman, I yield ought to do that. else is the only way to achieve honest 21⁄2 minutes to the gentleman from Every year since 1995, this body has fairness. Georgia (Mr. KINGSTON). been offered a version of Shays-Mee- The substitute put forth by the ma- Mr. KINGSTON. Mr. Chairman, I han, and in every Congress we have lis- jority leader and I does not play favor- thank the gentleman for introducing a tened to our colleagues take the floor ites. It does not pick winners and los- bill that is relatively clean of the hy- of the House to vilify soft money and ers. It does not use clever language or pocrisy that we seem to have in some all of its evils and ills; yet in all of the fancy phrases. Rather, it identifies a of the other bills. It is interesting that various incantations of the Shays-Mee- single societal goal, accountability and we hear over and over again that the han language that we have seen over disclosure in politics; and then it pro- Shays-Meehan bill bans soft money; the years, we have never seen a version ceeds to be certain that this end is and yet if we look at it, and I advise that bans soft money in Federal elec- achieved. It identifies a single problem Members to look at the doggone bill tions. Let me say that again. In all of in politics and focuses all of its energy because if Members say it bans soft the various incantations of the Shays- and power on effecting a solution; and money, they have not read the bill or Meehan language that we have seen that is the bill we have before us today. they are misrepresenting the bill. It is over the years, we have never seen a In 12 simple pages, this bill bans one or the other. version that bans soft money in Fed- every dollar of unregulated, unaccount- But what it basically does is it re- eral elections. able, and undisclosed money that can regulates soft money and tilts the scale Further, in nary a rendition of the be constitutionally eliminated from more favorably to certain special inter- Shays-Meehan bill, have the authors Federal politics. Again, every cent of est groups. It is analogous to pushing banned all soft money immediately. unregulated, unaccountable or undis- food around on the plate to make That is right. Yet for the rest of this closed money that can be constitu- momma think the vegetables have day and into the night, we are going to tionally eliminated from Federal poli- been eaten. I hated green peas. I know hear that this proposal bans soft tics is eliminated by this language. the game. I did it all of the time. That money. It calls to mind the wonderful Why? Because America is asking for is what is going on here. Members are line from Alice in Wonderland when accountability from its government, patting ourselves on the back and head one of the character says, ‘‘When I use and we answer that call. We answer it and acting holier than thou and saying a word, it means exactly what I want it not next cycle, not next year, not in 60 we banned soft money today. to mean.’’ That is what ‘‘ban’’ is going to 90 days, but we answer the call Mr. Chairman, it does not do that. It to be today. today, now. Not in 100 pages, not in 75, creates a $60 million soft money loop- Mr. Chairman, I am the former chair- not in 50; but in 12 simple pages, this hole for State and local parties. It al- man of the National Republican Con- bill addresses completely what the pro- lows the Democratic National Com- gressional Committee. I ran that components of Shays-Meehan language mittee to build a $40 million head- mittee on the very soft dollars that we have been attacking for nearly a dec- quarters building with soft money. It seek to ban today. So when I speak ade. Do not let the length fool Mem- lets candidates solicit unlimited soft about the need to end soft money in bers. The language of the substitute is money for 501(c) groups; and it allows Federal politics, I know of what I thorough, it is total, and it is com- soft money to buy billboards, direct speak. It is from that background that plete; and it actually does ban soft mail, telephones, and door-to-door po- I came to the floor proudly today to money. litical activities. What a ban. support the ban-it-all, ban-it-now re- Mr. Chairman, I reserve the balance It also is curious to me that the sup- form legislation of the gentleman from of my time. porters of this bill decry how badly Texas. I support campaign finance re- Mr. HOYER. Mr. Chairman, I yield needed it is and how we should have form. the balance of my time to the gen- done it yesterday, but postpone it until In fact, even as a former NRCC chair- tleman from Florida (Mr. DAVIS) and after this year’s election. man, I introduced my own campaign fi- ask unanimous consent that as a mem- Mr. Chairman, I want a show of nance reform legislation in this Con- ber of the Committee on House Admin- hands, how many Members think that gress, legislation that would ban all istration, that he may control that is a good idea? Members want it, but soft money used by national commit- time. think it is a good idea to wait until

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.041 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H373 after the election. I applaud those Roosevelt was an effort to get rid of ANNOUNCEMENT BY THE CHAIRMAN Members for their honesty. I will make corporate contributions to Federal The CHAIRMAN. The Chair would re- the observation that the majority of elections, and they have been illegal mind Members to address remarks to the Members did not raise their hands. for almost a century. But what we have the Chair and not to those in the audi- Mr. Chairman, let me say this is not seen over time, the evolution of a sys- ence. a ban on soft money. This is a make- tem that has permitted corporate con- Mr. DAVIS of Florida. Mr. Chairman, believe bill. It just reregulates things tributions to move into the political I yield 1 minute to the gentleman from and skews things. I know the New York process, be the process of soft money, Rhode Island (Mr. LANGEVIN). Times wants it, and a lot of Members something that is corrupting on those Mr. LANGEVIN. Mr. Chairman, I rise worry about The Washington Post and who have to contribute it, who have to in strong support of the historic Shays- the New York Times. And if I was in receive it. It is not good for the Amer- Meehan Campaign Finance Reform Act the DCCC, I would look at this bill very ican public. today. For too long, our Nation’s elec- favorably, but it does not do anything Mr. Chairman, what we have here tions have been tainted by the effects to clean out what is perceived to be the today in this amendment is a ploy to of soft money, and the Shays-Meehan problem with politics. attempt to allow the current system to bill is the only measure that will put Mr. Chairman, I believe that the Lin- continue. There is no objective here in an end to this corrupting influence. der-Armey bill does a much better job terms of reforming campaign finance. Public participation is the corner- in that regard, and I urge my col- stone of a healthy democracy. As sec- b 1230 leagues to support it. retary of state of Rhode Island, I Mr. DAVIS of Florida. Mr. Chairman, We have heard it from some of our worked to make government more ac- I yield 1 minute to the gentleman from friends in the opposition, they want to cessible to our citizens. However, de- Washington (Mr. BAIRD). simply get it to a conference com- spite these advances, my constituents Mr. BAIRD. Mr. Chairman, Members mittee where it will die a lingering, still feel disheartened by our Nation’s of the House know it, Senator MCCAIN quiet death, and people can continue to election system because large sums of knows it, Granny Dee knows it, and manipulate the current system. My money drown out the voice of the aver- most importantly, our constituents hats are off to our colleagues, the gen- age voter. know it. Money and campaign financ- tleman from Connecticut (Mr. SHAYS) Reform is never easy. We often forget ing are having a corrosive influence on and the gentleman from Massachusetts the immense courage exhibited by our the political process today. (Mr. MEEHAN), for their work through- Founding Fathers in challenging the I personally reject the charge that it out the last 6 years to get us to this status quo. We must remember this les- is corrupting Members of this august point where we can actually get some- son and vote for true campaign finance body, but Members all know with abso- thing passed that will make a dif- reform that will take the reins of de- lute certainty that the process of rais- ference. mocracy out of the hands of corpora- ing money is taking precious, precious I urge my colleagues to reject this tions and interest groups and restore time away from the matters that are amendment and approve Shays-Mee- the voice of our citizens. Vote against before us. We know with equal cer- han. the Armey substitute and for Shays- tainty that many Members of this body Mr. DAVIS of Florida. Mr. Chairman, Meehan. pause at least once to ask themselves I yield 1 minute to the gentleman from Mr. LEVIN. Mr. Chairman, I yield 1 how a vote will affect their contribu- Tennessee (Mr. FORD). minute to the distinguished gentleman tions when they should be asking sole- Mr. FORD. Mr. Chairman, we are ad- from Maine (Mr. ALLEN). ly how it will affect this great Nation. dicted to this money, Democrats, Re- Mr. ALLEN. I thank the gentleman In this debate we have heard the ma- publicans, and I daresay the Inde- for yielding me this time. jority party assert that passage of pendent, but I know the gentleman Mr. Chairman, current campaign fi- Shays-Meehan and McCain-Feingold from Vermont (Mr. SANDERS) is not. nance laws were written to curb the will harm their political fund-raising. We love the golf tournaments, the con- abuses of another generation. Thirty That is symptomatic of the problem. certs, the traveling, all the wonderful years later, a new plague has infected We should not be asking is this good things that this soft money allows us our Nation’s elections, soft money. for one party or another. Members to do in this Congress. But let us be This money, these unlimited contribu- should be asking solely and simply: Is honest. Some on this side of the aisle tions, are used to run attack ads, and it good for the United States of Amer- have suggested, my dear friend the gen- they do distort our public policy ica and the people we represent? Shays- tleman from Ohio (Mr. NEY) has sug- choices here. That is why I urge all my Meehan is good. Pass this bill. Reject gested that this bill is an incumbent colleagues to defeat all of these amend- the poison pills and send it to the protection bill. Currently for those ments and substitutes that are being President. watching on C–SPAN and those in the proposed and to pass Shays-Meehan. If Mr. MEEHAN. Mr. Chairman, I yield gallery, 97 percent of us get reelected this government is to remain a govern- the balance of my time to the gen- each time we run. So how much more ment of the people, by the people and tleman from Michigan (Mr. LEVIN) and of an incumbent protection bill will it for the people, we must take soft ask unanimous consent that he may actually be? money out of this campaign finance control that time. Your argument would be strength- system. We must pass Shays-Meehan The CHAIRMAN. Is there objection ened if somehow or another you could and take these unlimited contributions to the request of the gentleman from prove that more money correlated to a and set them aside. Our democracy will Massachusetts? bigger voter turnout. But what we have work, and work far better than it does There was no objection. seen over the last three election cycles today, if we pass this bill. The CHAIRMAN. The gentleman is that more people are turned off by Mr. LINDER. Mr. Chairman, I am from Georgia (Mr. LINDER) has 81⁄2 min- all of this money, more people are pleased to yield 1 minute to the gen- utes remaining. The gentleman from turned off by all of this rhetoric than tleman from Florida (Mr. KELLER). Florida (Mr. DAVIS) has 61⁄2 minutes re- they are actually activated. This no- Mr. KELLER. I thank the gentleman maining. The gentleman from Con- tion that somehow or another this soft for yielding me this time. necticut has 5 minutes remaining. The money will activate grassroots organi- Mr. Chairman, I rise today in strong gentleman from Michigan (Mr. LEVIN) zations, the facts do not support it. support of the gentleman from Texas’ has 5 minutes remaining. Vote down this amendment. I say to campaign finance reform bill to com- Mr. LINDER. Mr. Chairman, I reserve my dear friend the gentleman from pletely ban all soft money. the balance of my time. Texas (Mr. ARMEY), I wish we could I support this bill for three reasons: Mr. LEVIN. Mr. Chairman, I yield 1 have had you when we were negoti- First, this bill completely bans all soft minute to the gentleman from Oregon ating this soft money ban from early money to national, State and local par- (Mr. BLUMENAUER). on. ties, unlike the Shays-Meehan bill Mr. BLUMENAUER. Mr. Chairman, Vote ‘‘no’’ on Armey. Allow Shays- which has a $60 million loophole for part of the legacy of President Teddy Meehan to pass. soft money to State and local parties.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.044 pfrm03 PsN: H13PT2 H374 CONGRESSIONAL RECORD — HOUSE February 13, 2002 Second, the Shays-Meehan bill is bla- legislation actually is a true soft our national debates, from prescription tantly unconstitutional, because it at- money ban. So if you want to get rid of drugs to patients’ rights to our energy tempts to ban outside groups from run- soft money, vote for the Armey amend- policy, special interests have held sway ning any television or radio ads 60 days ment. over the people’s interests. It is time before an election. The gentleman from But also I want to urge my col- today to pass Shays-Meehan to honor Texas’ bill contains no such constitu- leagues to read the bill, because not the people we represent, the American tional problems. only is Shays-Meehan a sham, but also people. Third, it is critical that we pass the there is a betrayal in this legislation. Mr. LINDER. Mr. Chairman, I yield Armey campaign finance reform bill in Many Members were urged to sign the myself such time as I may consume. order to send this legislation into the discharge petition saying we needed to I would like to point out that there conference committee so that the rush it to the floor. Of course the effec- was nothing cynical about my intent President of the United States will tive date now is postponed until after to introduce this bill a year ago. There have some input into the campaign fi- the election, negating that argument. is nothing cynical about supporting it nance reform debate. Specifically, But also last night at midnight, there now. President Bush has repeatedly said was a change made to the bill which Mr. Chairman, I reserve the balance that paycheck protection is an impor- will allow committees such as the of my time. tant component to any campaign fi- Democratic Congressional Committee Mr. LEVIN. Mr. Chairman, I yield 1 nance reform bill, yet there currently to borrow money against their building minute to the gentleman from Texas is not a paycheck protection compo- fund, which has up to $40 million, to (Mr. EDWARDS). Mr. EDWARDS. Mr. Chairman, on nent to the Shays-Meehan bill. borrow hard money and pay it back September 11 our democracy was tested Mr. SHAYS. Mr. Chairman, I yield with soft money; pay a hard money by foreign terrorists. With unity and myself 15 seconds to point out to the loan with soft money, a total betrayal resolve, we met that test. gentleman that our bill does not ban of the basic principles of Shays-Mee- Today our democracy faces a dif- outside ads 60 days to an election. It han. ferent challenge, a cancer from within, Mr. SHAYS. Mr. Chairman, I yield just says you cannot use corporate in the form of massive campaign con- myself 1 minute to say to the distin- treasury money, union dues money or tributions called soft money. The vic- guished gentleman, he is just dead unlimited money. tims of this cancer are the millions of Mr. Chairman, I reserve the balance wrong. He is dead wrong about what he decent, hard-working Americans whose of my time. has said. voices are being drowned in a sea of Mr. DAVIS of Florida. Mr. Chairman, First, this bill was not brought in at special interest contributions. I yield 1 minute to the distinguished the midnight hour. That is just simply Trying to call million-dollar con- gentlewoman from New York (Mrs. inaccurate. He is simply inaccurate tributions ‘‘free speech’’ gives a new MALONEY). about somehow that this is a sly thing meaning to the phrase ‘‘money talks.’’ Mrs. MALONEY of New York. I to have the bill take effect in Novem- And Americans know that in Wash- thank the gentleman for yielding time. ber. No, the reason why it is taking ef- ington, D.C., money is talking too I applaud the gentleman from Con- fect in November is that we have had 16 loudly. necticut (Mr. SHAYS) and the gen- months already pass. Sixteen months Free speech is a fundamental right, tleman from Massachusetts (Mr. MEE- have already passed. And so it becomes but in a democracy, the strength of a HAN) for their distinguished and hard extraordinarily difficult to implement citizen’s voice should depend upon the work that has brought this bill to the a bill in which 16 months have passed. quality of one’s ideas, not the quantity floor today. Mr. LINDER. Mr. Chairman, I con- of one’s bank account. Mr. Chairman, many of my col- tinue to reserve the balance of my Let us unite once again in defense of leagues on the other side of the aisle time. our democracy. Let us affirm the great have used the word ‘‘hypocrisy,’’ but Mr. SHAYS. Mr. Chairman, it is my American ideal that this should truly the biggest hypocrite, the only hypo- distinct pleasure to yield 1 minute to be the people’s House, where the voice crite in this body today is anyone who the gentlewoman from California (Mrs. of every citizen is heard, not just a votes against Shays-Meehan and for CAPPS). privileged few. any of the poison pills or the sub- Mrs. CAPPS. Mr. Chairman, I rise in Vote for Shays-Meehan and oppose stitutes that will send it, the bill that opposition to the substitute. The mo- all Trojan horse substitutes. they are supporting, to the conference ment of truth has arrived. I came to Mr. DAVIS of Florida. Mr. Chairman, committee where it will certainly die this House 4 years ago in a special elec- I yield 1 minute to the distinguished and be killed in conference. tion. My very first official act after gentlewoman from California (Mrs. Shays-Meehan has already passed the being sworn into office was to cospon- TAUSCHER). Senate. It has the fragile flower of con- sor the bill by the gentleman from Con- Mrs. TAUSCHER. I thank my friend sensus that has been worked out care- necticut (Mr. SHAYS) and the gen- and colleague for yielding time. fully, over 10 years. We have the best tleman from Massachusetts (Mr. MEE- Mr. Chairman, I have supported opportunity now in 10 years to pass HAN). It is still one of the proudest mo- Shays-Meehan since being elected to meaningful reform, send it to the ments of my career. The gentleman Congress in 1996. I helped pass this bill President, and he says he will sign it. from Connecticut and the gentleman twice. I hope today we can get a clean If Members are serious about cam- from Massachusetts have kept the bill so we can vote for it again. I urge paign finance, then vote for Shays- torch burning for many years. I salute my colleagues to oppose the Armey Meehan and show the American public them. I also salute my 20 friends on the substitute so we can get a clean vote that our government is not for sale. other side of the aisle who have signed today on Shays-Meehan. Mr. LINDER. Mr. Chairman, I am the discharge petition, who have acted Our democracy deserves honest cam- pleased to yield 1 minute to the gen- courageously and stood up to their own paigns and honest elections. Voters de- tleman from Illinois (Mr. WELLER). leadership. serve to know the truth about who is (Mr. WELLER asked and was given Mr. Chairman, we have all seen the working to affect election outcomes, permission to revise and extend his re- abuses and excesses of our political including the people and interest marks.) system. We also know that these subgroups bankrolling ads and campaigns. Mr. WELLER. Mr. Chairman, I rise in stitute bills do not represent reform. There is no reason parties need to col- support of the Armey amendment, They are cynical attempts to force the lect large, unregulated amounts of which frankly is an amendment that bill into conference with the Senate, money that can be used to directly in- really points out what a sham the where it has died many times before. fluence elections. Campaign finance re- Shays-Meehan legislation is. Before any of us ever heard the word form will help restore the public’s faith The Shays-Meehan legislation says it Enron, we knew full well that the in elected officials and the legislative bans soft money. No, it does not. It has voices of our constituents can and are process. got a $60 million soft money loophole, often drowned out by powerful groups Unfortunately, the Republican lead- and the sponsors know it. The Armey with endless resources. In so many of ership will stop at nothing to kill this

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.048 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H375 bill, only further distancing working I am going to vote for that. But I am the Shays-Meehan bill, are not banning families from their government. going to vote for Shays-Meehan. soft money and are violating the Com- A lot of this is games. But let me tell b 1245 mon Cause pledge. you what it is like. If you give $25,000 I am going to stick with the pledge, I hope supporters of reform in pre- to the Republican Party, the Demo- support the bill that eliminates soft vious years will keep working with cratic Party wants $30,000, because it money, and also support the bill that both parties and support real reform gets out in about 30 seconds. If you are makes sure that these changes take ef- again this year and today when it real- a company out there and they call you fect now. ly matters. up on the phone wanting money, you Mr. DAVIS of Florida. Mr. Chairman, Mr. LINDER. Mr. Chairman, I am say no at your own peril. If there is a I ask unanimous consent to return con- pleased to yield 1 minute to the gen- bill in Congress that affects the aver- trol of the time on this side to the gentleman from Arizona (Mr. HAYWORTH). age everyday American, somebody can tleman from Maryland (Mr. HOYER). Mr. HAYWORTH. Mr. Chairman, I send $10 million up here to either The CHAIRMAN. Is there objection rise in support of the amendment be- party, and you will never convince me to the request of the gentleman from cause it offers us a straightforward that does not affect the quality of leg- Florida? choice: either you ban soft money or islation. There was no objection. you do not. I am ready and willing to do some- Mr. SHAYS. Mr. Chairman, I yield It was our second President, John thing about it, even if I have to argue myself 30 seconds. Adams, who pointed out that facts are and disagree with the people that I Mr. Chairman, I would like to say stubborn things. And on pages 78 and 79 hold dear personally and profes- this bill does have a purpose: it allows of the Shays-Meehan bill, here it is: sionally. I think America needs to people to honor their pledge, but then ‘‘This act and the amendments made change the way we conduct our cam- kill campaign finance reform. This bill by this act shall take effect November paigns, and I am willing to pay a price is not a bill that can pass the Senate. 6, 2002.’’ by making my friends mad at me. It is a bill that is not going to go any- It is a fair question to ask: Why Mr. LEVIN. Mr. Chairman, I yield 1 where. It is a bill that would force a would we set up a new loophole to real- minute to the gentleman from New conference committee, and in the con- ly have a type of legalized money laun- York (Mr. CROWLEY). ference committee we know what is dering, hard money for soft money, all Mr. CROWLEY. Mr. Chairman, who going to happen. the little gyrations we can have? Cer- are we kidding? We are not kidding the So this is why this bill has finally tainly not for partisan advantage from American people. They get this. They come forward. There will be a few peo- my high-minded friends on the left or know that if we pass this substitute or ple that say I want a pure bill. They my well-meaning friends on the right. any of 10 amendments by the majority, can say I lived up to my pledge and that, for all practical purposes, we will Certainly not for that. But yet, at the helped kill campaign finance reform in have killed Shays-Meehan and true end of the day, how can you deny it? the process. campaign finance reform for this year. Facts are stubborn things. I do not Mr. HOYER. Mr. Chairman, I yield 30 You talk about cooking something question the intent, although it is pro- seconds to the distinguished gentle- vocative. But if it is good enough to up at the last minute. My understanding is our side of the aisle only woman from the District of Columbia ban soft money, why not do it now, and (Ms. NORTON). not wait until the day after election got notice of this substitute at 1 a.m. this morning. It is unfortunate, but if Ms. NORTON. Mr. Chairman, I thank day? Do it now. the sponsors of this substitute really the gentleman for yielding me time. Mr. SHAYS. Mr. Chairman, I yield wanted to be actively engaged in this Mr. Chairman, a Presidential spokes- myself 15 seconds to point out to the process, they should have done it ear- man has just said good things about gentleman that there is nothing in this lier, and many of their proposals quite Shays-Meehan and Ney-Wynn. After bill that allows soft money to be re- possibly could have been included in Enron I suspect the President to ulti- placing hard money; nothing in this the ultimate Shays-Meehan bill. But mately choose Shays-Meehan, and so bill whatsoever. they failed to do that, and we find our- should we. Mr. Chairman, I yield 2 minutes to selves now with this substitute before Opponents have now put forward a the distinguished gentleman from us. substitute they have always argued South Carolina (Mr. GRAHAM). I say we vote it down, we pass Shays- was unconstitutional because it bans Mr. GRAHAM. Mr. Chairman, the Meehan, and bring real campaign fi- all soft money. Shays-Meehan skill- hardest thing I think in politics or life nance reform to the people of this so- fully threads its way through the con- is to argue with people you are close to deserving country. stitutional thicket to conform with the personally and that you share a com- Mr. LINDER. Mr. Chairman, I am Buckley Supreme Court decision. mon philosophy and way of doing busi- pleased to yield 1 minute to the gentle- The President sees no way around ness with. That is where I find myself. woman from Pennsylvania (Ms. HART). Enron and campaign finance reform. I I find myself in the distinct minority Ms. HART. Mr. Chairman, I rise in think he will shortly see that all roads among my party. I find myself hearing support of the substitute. I rise in sup- to reform lead to Shays-Meehan. the Speaker and others saying this par- port of the substitute because the base Mr. LINDER. Mr. Chairman, can the ticular piece of legislation would de- bill is not perfect. Granted, no bill is Chair tell us how much time is remain- stroy my party. I respectfully disagree, perfect. This bill does one thing that it ing? but it is no fun being where we are at should not do, it continues to allow The CHAIRMAN. The gentleman today. soft money participation in campaigns. from Georgia (Mr. LINDER) has 41⁄2 min- In 1996, when we first started talking When I speak with people in my dis- utes remaining, the gentleman from about reforming this system, it sound- trict, they want us to clean up cam- Maryland (Mr. HOYER) has 2 minutes ed good to me, and it still does. Half paigns. They ask me to support Shays- remaining, the gentleman from Con- the people in this country vote. Of Meehan. I discuss with them what they necticut (Mr. SHAYS) has 30 seconds re- those eligible to vote, half of those do are really concerned about regarding maining, and the gentleman from not even register. We are getting down campaigns, and they say they want us Michigan (Mr. LEVIN) has 1 minute. to just a few people having participa- to eliminate soft money. That is what Mr. LINDER. Mr. Chairman, I yield 2 tion feelings about our government. this substitute does. minutes to the gentleman from Wis- I am convinced, rightly or wrongly, Many of us signed a Common Cause consin (Mr. GREEN). that the way we conduct campaigns is pledge when we ran a couple of years Mr. GREEN of Wisconsin. Mr. Chair- turning Americans off in droves. ago that said I will support a complete man, I thank the gentleman for yield- The soft money problem, I am glad ban on soft money and will oppose any ing me time. this amendment is up. We need to ban legislation that does not completely Mr. Chairman, I know it is early in soft money. I would say to the gen- ban soft money. what will be a long day; but in many tleman from Arizona (Mr. HAYWORTH), Now, many of those who are sup- ways, it is already midnight at the cos- we need to do it now, we really do; and porting the bill as it is written today, tume party. It is time we remove our

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.052 pfrm03 PsN: H13PT2 H376 CONGRESSIONAL RECORD — HOUSE February 13, 2002 masks and we see who is who. We need soft money. When the proponents of ARMEY), and support this substitute. to be very clear where we are right the amendment to ban all soft money Join us. Ban it all; ban it now. now, and I hope the folks who are know that its inevitable effect will be Mr. HOYER. Mr. Chairman, I yield 1 watching the debate are very clear on to ban no soft money, does that sound minute to the distinguished gentleman where we are right now. somewhat Orwellian? It is. Does it from Michigan (Mr. LEVIN). Shays-Meehan, as filed late last sound like giving with the right hand Mr. LEVIN. Mr. Chairman, I yield night, does not ban soft money. Let me and taken away with the left? It is. myself the remainder of my time, and repeat that. Shays-Meehan does not My friends, all of us know, everybody I thank the gentleman from Maryland ban soft money. It restricts it, it plays in America knows, there is but one op- (Mr. HOYER) for yielding me the time. with it, but it does not ban soft money. portunity to ban at least a large por- (Mr. LEVIN asked and was given per- I notice that my friends on the other tion of soft money, and that is Shays- mission to revise and extend his re- side are avoiding a debate on details. Meehan. Vote against this Armey sub- marks.) Our side talks details; their side talks stitute. Mr. LEVIN. Mr. Chairman, the generalities. Why? Because the details Mr. LINDER. Mr. Chairman, I yield Speaker has apparently said that it is are not favorable to them. myself the balance of my time. Armageddon for the Republicans if As my colleague, the gentleman from Mr. Chairman, I would like to point Shays-Meehan passes. I think the real Arizona (Mr. HAYWORTH), did earlier, I out that for those who think this is problem is that it would be Armaged- encourage everyone to look at pages 78 cynical, this bill was essentially intro- don for them if they defeated it. So and 79 of this bill. Do not take my word duced in March of last year. Both par- what we are seeing here are tactics to for it. Look at the bill yourself. It has ties raised about the same amount of obscure the issue. a State and local party loophole to soft soft money, about $245 million in the Shays-Meehan does not nibble around money that is $60 million nationwide. last cycle; and we should ban it all, and the edges of soft money. It gets at the That is a ban on soft money? It does those who do not want to ban it all, do vice, and that is the unrestricted use of not ban unlimited contributions from not want to ban it. soft money for so-called issue ads. All Indian tribes and their general treas- The Shays-Meehan bill will only re- it allows in a very circumscribed way, ury. It contains a special loophole for duce soft money for national political very circumscribed, is money for reg- what we all know is the DNC building parties; admittedly, not to local par- istration and get-out-the-vote. We will fund. On page 78 and 79 you can see it ties, admittedly not to interest groups. go into that later. Mr. Chairman, $40 for yourself. Is that a ban on soft They can still continue to use soft million. It is absurd to talk that way. money? It even arguably allows soft money. Only national political parties What Shays-Meehan tries to do is to money to be used as collateral for will be totally forbidden from using preserve the democratic processes of hard-money loans. soft money. registration and getting out the vote. They say this amendment is a poison Yet, we are going to drive wedges be- What does the Armey amendment do? pill. If it is, it is a poison pill that is tween the national parties and special What it essentially says is no one can worth about $40 million to the other interest groups. We are going to make use even their own funds to help reg- side. This is not a swiss cheese soft- our politics narrower and narrower in ister people or get them out to vote, money ban, as one of my colleagues re- focus, because interest groups tend to whether it is the NAACP or the NRA or ferred to it. It is something full of have a single interest. Whether it is anybody else. Nobody can use any of holes and loopholes, but there is not pro- or anti-abortion, pro- or anti-gun, their own treasury monies. It is anti- enough cheese here for it to qualify. pro- or anti-environmental, they are democratic. What it is is a smoke- Mr. Chairman, if you want to ban single-issue organizations, and they screen, and we can see through it. The soft money, there is only one vote will be unfettered in their use of soft opposition cannot decide whether it today that bans soft money. This is it. money, and we will have candidates wants to open the spigot altogether or Nobody, nobody who votes against this across this country trying to genuflect shut it down altogether. You are mov- substitute amendment, can say they between the alter of this group or that ing from pillar to post when the solid voted to ban soft money. group, and not to the people with the position in the middle of this issue is Mr. SHAYS. Mr. Chairman, I yield broadened philosophy, but with narrow Shays-Meehan. myself 30 seconds. interests. That is bad for our politics; Vote down the Armey amendment Mr. Chairman, I just would like to it is bad for our policy. point out to the gentleman that soft and let us pass true reform. The day money had its introduction to enable b 1300 has come for Shays-Meehan, McCain- people to build buildings. We did not This substitute was not cynical. For Feingold, and nothing is going to stop create this. It has been in the bill for- those who say it is a poison pill, let me that effort. ever. just say that that is a bad cliche, and, The CHAIRMAN. All time has ex- We are just simply saying that if a for the most part, cliches are sub- pired. party is, frankly, stupid enough to stitutes for rigorous thought. This was The question is on the amendment in spend its soft money to build a building put forth a long time ago. It could have the nature of a substitute offered by instead of campaigning against us, be been read long before Shays-Meehan the gentleman from Texas (Mr. our guest. If they have committed to was ever even produced at midnight ARMEY). it, they cannot raise any soft money last night. In fact, many of the folks The question was taken; and the after November 6, but they certainly who signed the discharge petition Chairman announced that the ayes ap- can pay their bills on money they set which passed the rule to put this bill peared to have it. aside. on the floor have not read this Shays- RECORDED VOTE I would prefer them building a build- Meehan version yet. This is only the Mr. SHAYS. Mr. Chairman, I demand ing rather than running against us, and most recent iteration. a recorded vote. that is their choice. You cannot use If we want simply to curb some soft A recorded vote was ordered. any soft money for any hard-money ex- money, but not all, support Shays-Mee- The vote was taken by electronic de- penditure, which the gentleman is also han. If we want to simply marginally vice, and there were—ayes 179, noes 249, incorrect about. reduce corporate, union and special in- not voting 6, as follows: Mr. HOYER. Mr. Chairman, I yield terest loopholes, support Shays-Mee- [Roll No. 19] myself 1 minute, and then I will yield han. If we want to nibble around the AYES—179 the balance of my time to the gen- edges of this debate year after year Aderholt Barton Brown (SC) tleman from Michigan (Mr. LEVIN) for after year, then the Shays-Meehan is Akin Biggert Bryant the purpose of closing. the bill for you. But if we want a com- Armey Bilirakis Burr Mr. Chairman, I rise in opposition to plete and total ban on every dollar of Bachus Blunt Burton the Armey substitute. The debate here soft money involved in Federal elec- Baker Bonilla Buyer Ballenger Bono Callahan is saying that if you do not vote to ban tion advocacy today, then join me and Barcia Boozman Calvert all soft money, do not vote to ban any the gentleman from Texas (Mr. Bartlett Brady (TX) Camp

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.057 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H377 Cannon Hobson Regula Lewis (GA) Oberstar Sherman TITLE I—REDUCTION OF SPECIAL Cantor Hoekstra Rehberg Lipinski Obey Simmons INTEREST INFLUENCE Capito Hunter Reynolds LoBiondo Olver Skelton Chabot Hyde Rogers (KY) Lofgren Ortiz Slaughter Sec. 101. Soft money of political parties. Chambliss Isakson Rogers (MI) Lowey Pallone Smith (TX) Sec. 102. Increased contribution limits for Coble Issa Rohrabacher Lucas (KY) Pascrell Smith (WA) State committees of political Collins Istook Ros-Lehtinen Luther Pastor Snyder parties and aggregate contribu- Combest Jenkins Royce Lynch Payne Solis tion limit for individuals. Cooksey Johnson, Sam Ryan (WI) Maloney (CT) Pelosi Spratt Sec. 103. Reporting requirements. Cox Jones (NC) Ryun (KS) Maloney (NY) Peterson (MN) Stark Crane Keller Markey Petri TITLE II—INDEPENDENT AND Saxton Stenholm COORDINATED EXPENDITURES Crenshaw Kelly Schrock Mascara Phelps Strickland Cubin Kennedy (MN) Sensenbrenner Matheson Platts Stupak Sec. 201. Definitions. Culberson Kerns Sessions Matsui Pomeroy Tanner Sec. 202. Express advocacy determined with- Cunningham Kingston Shadegg McCarthy (MO) Price (NC) Tauscher out regard to background McCarthy (NY) Quinn Davis, Jo Ann Knollenberg Shaw Thomas music. McCollum Rahall Davis, Tom Kolbe Sherwood Thompson (CA) Sec. 203. Civil penalty. Deal LaHood McCrery Ramstad Shimkus Thompson (MS) DeLay Largent McDermott Rangel Sec. 204. Reporting requirements for certain Shows Thune DeMint Latham McGovern Reyes independent expenditures. Shuster Thurman Diaz-Balart Lewis (CA) McIntyre Rivers Sec. 205. Independent versus coordinated ex- Simpson Tierney Doolittle Lewis (KY) McKinney Rodriguez penditures by party. Skeen Towns Duncan Linder McNulty Roemer Sec. 206. Coordination with candidates. Smith (MI) Turner Ehlers Lucas (OK) Meehan Ross TITLE III—DISCLOSURE Emerson Manzullo Smith (NJ) Meek (FL) Rothman Udall (CO) English McHugh Souder Meeks (NY) Roukema Udall (NM) Sec. 301. Filing of reports using computers Everett McInnis Stearns Menendez Roybal-Allard Velazquez and facsimile machines. Ferguson McKeon Stump Millender- Rush Visclosky Sec. 302. Prohibition of deposit of contribu- Flake Mica Sununu McDonald Sabo Walsh tions with incomplete contrib- Fletcher Miller, Dan Sweeney Miller, George Sanchez Wamp Tancredo Watson (CA) utor information. Forbes Miller, Gary Mink Sanders Sec. 303. Audits. Tauzin Mollohan Sandlin Watt (NC) Fossella Miller, Jeff Sec. 304. Reporting requirements for con- Gallegly Moran (KS) Taylor (MS) Moore Sawyer Waxman Gekas Myrick Taylor (NC) Moran (VA) Schaffer Weiner tributions of $50 or more. Gibbons Nethercutt Terry Morella Schakowsky Wexler Sec. 305. Use of candidates’ names. Gillmor Ney Thornberry Murtha Schiff Wolf Sec. 306. Prohibition of false representation Goode Northup Tiahrt Nadler Scott Woolsey to solicit contributions. Goodlatte Norwood Tiberi Napolitano Serrano Wu Sec. 307. Soft money of persons other than Goss Nussle Toomey Neal Shays Wynn political parties. Upton Granger Osborne NOT VOTING—6 Sec. 308. Campaign advertising. Graves Ose Vitter Green (WI) Otter Walden Owens Riley Waters TITLE IV—PERSONAL WEALTH OPTION Gutknecht Oxley Watkins (OK) Peterson (PA) Traficant Watts (OK) Sec. 401. Voluntary personal funds expendi- Hall (TX) Paul Weldon (FL) ture limit. Hansen Pence Weldon (PA) b 1323 Sec. 402. Political party committee coordi- Hart Pickering Weller Ms. DEGETTE changed her vote from nated expenditures. Hastings (WA) Pitts Whitfield Hayes Pombo Wicker ‘‘aye’’ to ‘‘no.’’ TITLE V—MISCELLANEOUS Hayworth Portman Wilson (NM) Mr. TERRY, Mr. REYNOLDS and Mr. Sec. 501. Use of contributed amounts for cer- Hefley Pryce (OH) Wilson (SC) FOSSELLA changed their vote from tain purposes. Herger Putnam Young (AK) ‘‘no’’ to ‘‘aye.’’ Sec. 502. Prohibition of fundraising on Fed- Hilleary Radanovich Young (FL) So the amendment in the nature of a eral property. Sec. 503. Penalties for violations. NOES—249 substitute was rejected. The result of the vote was announced Sec. 504. Strengthening foreign money ban. Abercrombie Crowley Hill as above recorded. Sec. 505. Prohibition of contributions by mi- Ackerman Cummings Hilliard nors. Allen Davis (CA) Hinchey Stated for: Mr. PETERSON of Pennsylvania. Mr. Chair- Sec. 506. Expedited procedures. Andrews Davis (FL) Hinojosa Sec. 507. Initiation of enforcement pro- Baca Davis (IL) Hoeffel man, on rollcall No. 19 I was unavoidably de- ceeding. Baird DeFazio Holden tained. Had I been present, I would have Baldacci DeGette Holt Sec. 508. Protecting equal participation of Baldwin Delahunt Honda voted ‘‘aye.’’ eligible voters in campaigns Barr DeLauro Hooley Stated against: and elections. Barrett Deutsch Horn Ms. WATERS. Mr. Chairman, I Sec. 509. Penalty for violation of prohibition Bass Dicks Hostettler missed the last vote because of a prob- against foreign contributions. Becerra Dingell Houghton lem at the elevator. I could not get Sec. 510. Expedited court review of certain Bentsen Doggett Hoyer alleged violations of Federal Bereuter Dooley Hulshof here. Had I been here I would have Berkley Doyle Inslee voted no. Election Campaign Act of 1971. Berman Dreier Israel Mr. OWENS. Mr. Chairman, earlier today I Sec. 511. Deposit of certain contributions Berry Dunn Jackson (IL) was unavoidably absent and missed rollcall and donations in treasury ac- Bishop Edwards Jackson-Lee count. Blagojevich Ehrlich (TX) vote No. 19. If present I would have voted Sec. 512. Establishment of a clearinghouse of Blumenauer Engel Jefferson ‘‘nay.’’ information on political activi- Boehlert Eshoo John AMENDMENT IN THE NATURE OF A SUBSTITUTE ties within the Federal Election Boehner Etheridge Johnson (CT) NO. 14 OFFERED BY MR. NEY Bonior Evans Johnson (IL) Commission. Borski Farr Johnson, E. B. Mr. NEY. Mr. Chairman, I offer an Sec. 513. Clarification of right of nationals Boswell Fattah Jones (OH) amendment in the nature of a sub- of the United States to make Boucher Filner Kanjorski stitute. political contributions. Boyd Foley Kaptur The CHAIRMAN. The Clerk will des- TITLE VI—INDEPENDENT COMMISSION Brady (PA) Ford Kennedy (RI) ON CAMPAIGN FINANCE REFORM Brown (FL) Frank Kildee ignate the amendment in the nature of Brown (OH) Frelinghuysen Kilpatrick a substitute. Sec. 601. Establishment and purpose of Com- Capps Frost Kind (WI) The text of the amendment in the na- mission. Capuano Ganske King (NY) ture of a substitute is as follows: Sec. 602. Membership of Commission. Cardin Gephardt Kirk Amendment in the nature of a substitute Sec. 603. Powers of Commission. Carson (IN) Gilchrest Kleczka Sec. 604. Report and recommended legisla- No. 14 offered by Mr. NEY. Carson (OK) Gilman Kucinich tion. Castle Gonzalez LaFalce Strike all after the enacting clause and in- Clay Gordon Lampson sert the following: Sec. 605. Termination. Sec. 606. Authorization of appropriations. Clayton Graham Langevin SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Clement Green (TX) Lantos (a) SHORT TITLE.—This Act may be cited as TITLE VII—PROHIBITING USE OF WHITE Clyburn Greenwood Larsen (WA) the ‘‘Bipartisan Campaign Finance Reform HOUSE MEALS AND ACCOMMODATIONS Condit Grucci Larson (CT) Act of 2002’’. FOR POLITICAL FUNDRAISING Conyers Gutierrez LaTourette ABLE OF ONTENTS Costello Hall (OH) Leach (b) T C .—The table of con- Sec. 701. Prohibiting use of white house Coyne Harman Lee tents of this Act is as follows: meals and accommodations for Cramer Hastings (FL) Levin Sec. 1. Short title; table of contents. political fundraising.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0655 E:\CR\FM\A13FE7.007 pfrm03 PsN: H13PT2 H378 CONGRESSIONAL RECORD — HOUSE February 13, 2002 TITLE VIII—SENSE OF THE CONGRESS ‘‘(ii) voter identification, get-out-the-vote individuals holding Federal office, shall REGARDING FUNDRAISING ON FED- activity, or generic campaign activity con- not— ERAL GOVERNMENT PROPERTY ducted in connection with an election in ‘‘(A) solicit, receive, direct, transfer, or Sec. 801. Sense of the Congress regarding ap- which a candidate for Federal office appears spend funds in connection with an election plicability of controlling legal on the ballot (regardless of whether a can- for Federal office, including funds for any authority to fundraising on didate for State or local office also appears Federal election activity, unless the funds Federal government property. on the ballot); and are subject to the limitations, prohibitions, TITLE IX—REIMBURSEMENT FOR USE OF ‘‘(iii) a communication that refers to a and reporting requirements of this Act; or GOVERNMENT PROPERTY FOR CAM- clearly identified candidate for Federal of- ‘‘(B) solicit, receive, direct, transfer, or PAIGN ACTIVITY fice (regardless of whether a candidate for spend funds in connection with any election State or local office is also mentioned or other than an election for Federal office or Sec. 901. Requiring national parties to reim- identified) and is made for the purpose of in- disburse funds in connection with such an burse at cost for use of Air fluencing a Federal election (regardless of election unless the funds— Force One for political fund- whether the communication is express advo- ‘‘(i) are not in excess of the amounts per- raising. cacy). mitted with respect to contributions to can- Sec. 902. Reimbursement for use of govern- ‘‘(B) EXCLUDED ACTIVITY.—The term ‘Fed- didates and political committees under para- ment equipment for campaign- eral election activity’ does not include an graphs (1) and (2) of section 315(a); and related travel. amount expended or disbursed by a State, ‘‘(ii) are not from sources prohibited by TITLE X—PROHIBITING USE OF WALKING district, or local committee of a political this Act from making contributions with re- AROUND MONEY party for— spect to an election for Federal office. Sec. 1001. Prohibiting campaigns from pro- ‘‘(i) campaign activity conducted solely on ‘‘(2) STATE LAW.—Paragraph (1) does not viding currency to individuals behalf of a clearly identified candidate for apply to the solicitation, receipt, or spending for purposes of encouraging State or local office, provided the campaign of funds by an individual who is a candidate turnout on date of election. activity is not a Federal election activity de- for a State or local office in connection with TITLE XI—ENHANCING ENFORCEMENT scribed in subparagraph (A); such election for State or local office if the OF CAMPAIGN LAW ‘‘(ii) a contribution to a candidate for solicitation, receipt, or spending of funds is Sec. 1101. Enhancing enforcement of cam- State or local office, provided the contribu- permitted under State law for any activity paign finance law. tion is not designated or used to pay for a other than a Federal election activity. ‘‘(3) FUNDRAISING EVENTS.—Notwith- TITLE XII—SEVERABILITY; CONSTITU- Federal election activity described in sub- standing paragraph (1), a candidate may at- TIONALITY; EFFECTIVE DATE; REGU- paragraph (A); tend, speak, or be a featured guest at a fund- LATIONS ‘‘(iii) the costs of a State, district, or local political convention; raising event for a State, district, or local Sec. 1201. Severability. ‘‘(iv) the costs of grassroots campaign ma- committee of a political party.’’. Sec. 1202. Review of constitutional issues. terials, including buttons, bumper stickers, Sec. 1203. Effective date. SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF POLITICAL Sec. 1204. Regulations. and yard signs, that name or depict only a candidate for State or local office; PARTIES AND AGGREGATE CON- TITLE I—REDUCTION OF SPECIAL ‘‘(v) the non-Federal share of a State, dis- TRIBUTION LIMIT FOR INDIVIDUALS. INTEREST INFLUENCE trict, or local party committee’s administra- (a) CONTRIBUTION LIMIT FOR STATE COMMIT- SEC. 101. SOFT MONEY OF POLITICAL PARTIES. tive and overhead expenses (but not includ- TEES OF POLITICAL PARTIES.—Section Title III of the Federal Election Campaign ing the compensation in any month of an in- 315(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended dividual who spends more than 20 percent of Act of 1971 (2 U.S.C. 441a(a)(1)) is amended— by adding at the end the following new sec- the individual’s time on Federal election ac- (1) in subparagraph (B), by striking ‘‘or’’ at tion: tivity) as determined by a regulation pro- the end; (2) in subparagraph (C)— ‘‘SOFT MONEY OF POLITICAL PARTIES mulgated by the Commission to determine (A) by inserting ‘‘(other than a committee ‘‘SEC. 323. (a) NATIONAL COMMITTEES.— the non-Federal share of a State, district, or local party committee’s administrative and described in subparagraph (D))’’ after ‘‘com- ‘‘(1) IN GENERAL.—A national committee of mittee’’; and a political party (including a national con- overhead expenses; and ‘‘(vi) the cost of constructing or pur- (B) by striking the period at the end and gressional campaign committee of a political inserting ‘‘; or’’; and party) and any officers or agents of such chasing an office facility or equipment for a State, district or local committee. (3) by adding at the end the following: party committees, shall not solicit, receive, ‘‘(D) to a political committee established ‘‘(c) FUNDRAISING COSTS.—An amount spent or direct to another person a contribution, and maintained by a State committee of a by a national, State, district, or local com- donation, or transfer of funds, or spend any political party in any calendar year that, in mittee of a political party, by an entity that funds, that are not subject to the limita- the aggregate, exceed $10,000’’. is established, financed, maintained, or con- tions, prohibitions, and reporting require- (b) AGGREGATE CONTRIBUTION LIMIT FOR IN- trolled by a national, State, district, or local ments of this Act. DIVIDUAL.—Section 315(a)(3) of the Federal ‘‘(2) APPLICABILITY.—This subsection shall committee of a political party, or by an Election Campaign Act of 1971 (2 U.S.C. apply to an entity that is directly or indi- agent or officer of any such committee or en- 441a(a)(3)) is amended by striking ‘‘$25,000’’ rectly established, financed, maintained, or tity, to raise funds that are used, in whole or and inserting ‘‘$30,000’’. controlled by a national committee of a po- in part, to pay the costs of a Federal election SEC. 103. REPORTING REQUIREMENTS. litical party (including a national congres- activity shall be made from funds subject to (a) REPORTING REQUIREMENTS.—Section 304 sional campaign committee of a political the limitations, prohibitions, and reporting of the Federal Election Campaign Act of 1971 party), or an entity acting on behalf of a na- requirements of this Act. (2 U.S.C. 434) (as amended by section 204) is tional committee, and an officer or agent ‘‘(d) TAX-EXEMPT ORGANIZATIONS.—A na- amended by inserting after subsection (e) the acting on behalf of any such committee or tional, State, district, or local committee of following: entity. a political party (including a national con- ‘‘(f) POLITICAL COMMITTEES.— ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- gressional campaign committee of a political ‘‘(1) NATIONAL AND CONGRESSIONAL POLIT- TEES.— party), an entity that is directly or indi- ICAL COMMITTEES.—The national committee ‘‘(1) IN GENERAL.—An amount that is ex- rectly established, financed, maintained, or of a political party, any national congres- pended or disbursed by a State, district, or controlled by any such national, State, dis- sional campaign committee of a political local committee of a political party (includ- trict, or local committee or its agent, and an party, and any subordinate committee of ei- ing an entity that is directly or indirectly officer or agent acting on behalf of any such ther, shall report all receipts and disburse- established, financed, maintained, or con- party committee or entity, shall not solicit ments during the reporting period. trolled by a State, district, or local com- any funds for, or make or direct any dona- ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH mittee of a political party and an officer or tions to, an organization that is described in SECTION 323 APPLIES.—In addition to any agent acting on behalf of such committee or section 501(c) of the Internal Revenue Code other reporting requirements applicable entity) for Federal election activity shall be of 1986 and exempt from taxation under sec- under this Act, a political committee (not made from funds subject to the limitations, tion 501(a) of such Code (or has submitted an described in paragraph (1)) to which section prohibitions, and reporting requirements of application to the Commissioner of the In- 323(b)(1) applies shall report all receipts and this Act. ternal Revenue Service for determination of disbursements made for activities described ‘‘(2) FEDERAL ELECTION ACTIVITY.— tax-exemption under such section). in paragraphs (2)(A) and (2)(B)(v) of section ‘‘(A) IN GENERAL.—The term ‘Federal elec- ‘‘(e) CANDIDATES.— 323(b). tion activity’ means— ‘‘(1) IN GENERAL.—A candidate, individual ‘‘(3) ITEMIZATION.—If a political committee ‘‘(i) voter registration activity during the holding Federal office, agent of a candidate has receipts or disbursements to which this period that begins on the date that is 120 or individual holding Federal office, or an subsection applies from any person aggre- days before the date a regularly scheduled entity directly or indirectly established, fi- gating in excess of $200 for any calendar Federal election is held and ends on the date nanced, maintained or controlled by or act- year, the political committee shall sepa- of the election; ing on behalf of one or more candidates or rately itemize its reporting for such person

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.010 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H379

in the same manner as required in para- didate’s agent, except that nothing in this ‘‘(e) TIME FOR REPORTING CERTAIN EXPENDI- graphs (3)(A), (5), and (6) of subsection (b). clause may be construed to prevent the spon- TURES.— ‘‘(4) REPORTING PERIODS.—Reports required sor of the voting guide from directing ques- ‘‘(1) EXPENDITURES AGGREGATING $1,000.— to be filed under this subsection shall be tions in writing to a candidate about the ‘‘(A) INITIAL REPORT.—A person (including filed for the same time periods required for candidate’s position on issues for purposes of a political committee) that makes or con- political committees under subsection (a).’’. preparing a voter guide or to prevent the tracts to make independent expenditures ag- (b) BUILDING FUND EXCEPTION TO THE DEFI- candidate from responding in writing to such gregating $1,000 or more after the 20th day, NITION OF CONTRIBUTION.—Section 301(8)(B) of questions; and but more than 24 hours, before the date of an the Federal Election Campaign Act of 1971 (2 ‘‘(iii) does not contain a phrase such as election shall file a report describing the ex- U.S.C. 431(8)(B)) is amended— ‘vote for’, ‘re-elect’, ‘support’, ‘cast your bal- penditures within 24 hours after that amount (1) by striking clause (viii); and lot for’, ‘(name of candidate) for Congress’, of independent expenditures has been made. (2) by redesignating clauses (ix) through ‘(name of candidate) in (year)’, ‘vote ‘‘(B) ADDITIONAL REPORTS.—After a person (xv) as clauses (viii) through (xii), respec- against’, ‘defeat’, or ‘reject’, or a campaign files a report under subparagraph (A), the tively. slogan or words that in context can have no person shall file an additional report within TITLE II—INDEPENDENT AND reasonable meaning other than to urge the 24 hours after each time the person makes or COORDINATED EXPENDITURES election or defeat of one or more clearly contracts to make independent expenditures identified candidates.’’. aggregating an additional $1,000 with respect SEC. 201. DEFINITIONS. to the same election as that to which the ini- (a) DEFINITION OF INDEPENDENT EXPENDI- (c) DEFINITION OF EXPENDITURE.—Section tial report relates. TURE.—Section 301 of the Federal Election 301(9)(A) of the Federal Election Campaign ‘‘(2) EXPENDITURES AGGREGATING $10,000.— Campaign Act (2 U.S.C. 431) is amended by Act of 1971 (2 U.S.C. 431(9)(A)) is amended— ‘‘(A) INITIAL REPORT.—A person (including striking paragraph (17) and inserting the fol- (1) in clause (i), by striking ‘‘and’’ at the end; a political committee) that makes or con- lowing: tracts to make independent expenditures ag- ‘‘(17) INDEPENDENT EXPENDITURE.— (2) in clause (ii), by striking the period at the end and inserting ‘‘; and’’; and gregating $10,000 or more at any time up to ‘‘(A) IN GENERAL.—The term ‘independent and including the 20th day before the date of expenditure’ means an expenditure by a per- (3) by adding at the end the following: ‘‘(iii) a payment made by a political com- an election shall file a report describing the son— expenditures within 48 hours after that ‘‘(i) for a communication that is express mittee for a communication that— ‘‘(I) refers to a clearly identified candidate; amount of independent expenditures has advocacy; and been made. ‘‘(ii) that is not coordinated activity or is and ‘‘(II) is for the purpose of influencing a ‘‘(B) ADDITIONAL REPORTS.—After a person not provided in coordination with a can- files a report under subparagraph (A), the didate or a candidate’s agent or a person who Federal election (regardless of whether the communication is express advocacy).’’. person shall file an additional report within is coordinating with a candidate or a can- 48 hours after each time the person makes or didate’s agent.’’. SEC. 202. EXPRESS ADVOCACY DETERMINED WITHOUT REGARD TO BACKGROUND contracts to make independent expenditures (b) DEFINITION OF EXPRESS ADVOCACY.— aggregating an additional $10,000 with re- Section 301 of the Federal Election Cam- MUSIC. Section 301(20) of the Federal Election spect to the same election as that to which paign Act of 1971 (2 U.S.C. 431) is amended by the initial report relates. adding at the end the following: Campaign Act of 1971 (2 U.S.C. 431(20)), as added by section 201(b), is amended by adding ‘‘(3) PLACE OF FILING; CONTENTS.—A report ‘‘(20) EXPRESS ADVOCACY.— under this subsection— ‘‘(A) IN GENERAL.—The term ‘express advo- at the end the following new subparagraph: ‘‘(C) BACKGROUND MUSIC.—In determining ‘‘(A) shall be filed with the Commission; cacy’ means a communication that advo- and cates the election or defeat of a candidate whether any communication by television or radio broadcast constitutes express advocacy ‘‘(B) shall contain the information required by— by subsection (b)(6)(B)(iii), including the ‘‘(i) containing a phrase such as ‘vote for’, for purposes of this Act, there shall not be taken into account any background music name of each candidate whom an expendi- ‘re-elect’, ‘support’, ‘cast your ballot for’, ture is intended to support or oppose.’’. ‘(name of candidate) for Congress’, ‘(name of not including lyrics used in such broadcast.’’. (b) CONFORMING AMENDMENT.—Section candidate) in 1997’, ‘vote against’, ‘defeat’, 304(a)(5) of such Act (2 U.S.C. 434(a)(5)) is ‘reject’, or a campaign slogan or words that SEC. 203. CIVIL PENALTY. amended by striking ‘‘, or the second sen- in context can have no reasonable meaning Section 309 of the Federal Election Cam- tence of subsection (c)(2)’’. other than to advocate the election or defeat paign Act of 1971 (2 U.S.C. 437g) is amended— SEC. 205. INDEPENDENT VERSUS COORDINATED of one or more clearly identified candidates; (1) in subsection (a)— EXPENDITURES BY PARTY. ‘‘(ii) referring to one or more clearly iden- (A) in paragraph (4)(A)— Section 315(d) of the Federal Election Cam- tified candidates in a paid advertisement (i) in clause (i), by striking ‘‘clauses (ii)’’ paign Act (2 U.S.C. 441a(d)) is amended— that is transmitted through radio or tele- and inserting ‘‘clauses (ii) and (iii)’’; and (1) in paragraph (1), by striking ‘‘and (3)’’ vision within 60 calendar days preceding the (ii) by adding at the end the following: and inserting ‘‘, (3), and (4)’’; and date of an election of the candidate and that ‘‘(iii) If the Commission determines by an (2) by adding at the end the following: appears in the State in which the election is affirmative vote of 4 of its members that ‘‘(4) INDEPENDENT VERSUS COORDINATED EX- occurring, except that with respect to a can- there is probable cause to believe that a per- PENDITURES BY PARTY.— didate for the office of Vice President or son has made a knowing and willful violation ‘‘(A) IN GENERAL.—On or after the date on President, the time period is within 60 cal- of section 304(c), the Commission shall not which a political party nominates a can- endar days preceding the date of a general enter into a conciliation agreement under didate, a committee of the political party election; or this paragraph and may institute a civil ac- shall not make both expenditures under this ‘‘(iii) expressing unmistakable and unam- tion for relief under paragraph (6)(A).’’; and subsection and independent expenditures (as biguous support for or opposition to one or (B) in paragraph (6)(B), by inserting ‘‘(ex- defined in section 301(17)) with respect to the more clearly identified candidates when cept an action instituted in connection with candidate during the election cycle. taken as a whole and with limited reference a knowing and willful violation of section ‘‘(B) CERTIFICATION.—Before making a co- to external events, such as proximity to an 304(c))’’ after ‘‘subparagraph (A)’’; and ordinated expenditure under this subsection election. (2) in subsection (d)(1)— with respect to a candidate, a committee of ‘‘(B) VOTING RECORD AND VOTING GUIDE EX- (A) in subparagraph (A), by striking ‘‘Any a political party shall file with the Commis- CEPTION.—The term ‘express advocacy’ does person’’ and inserting ‘‘Except as provided in sion a certification, signed by the treasurer not include a communication which is in subparagraph (D), any person’’; and of the committee, that the committee has printed form or posted on the Internet that— (B) by adding at the end the following: not and shall not make any independent ex- ‘‘(i) presents information solely about the ‘‘(D) In the case of a knowing and willful penditure with respect to the candidate dur- voting record or position on a campaign violation of section 304(c) that involves the ing the same election cycle. issue of one or more candidates (including reporting of an independent expenditure, the ‘‘(C) APPLICATION.—For the purposes of any statement by the sponsor of the voting violation shall not be subject to this sub- this paragraph, all political committees es- record or voting guide of its agreement or section.’’. tablished and maintained by a national po- disagreement with the record or position of a SEC. 204. REPORTING REQUIREMENTS FOR CER- litical party (including all congressional candidate), so long as the voting record or TAIN INDEPENDENT EXPENDITURES. campaign committees) and all political com- voting guide when taken as a whole does not (a) IN GENERAL.—Section 304 of the Federal mittees established and maintained by a express unmistakable and unambiguous sup- Election Campaign Act of 1971 (2 U.S.C. 434) State political party (including any subordi- port for or opposition to one or more clearly is amended— nate committee of a State committee) shall identified candidates; (1) in subsection (c)(2), by striking the un- be considered to be a single political com- ‘‘(ii) is not coordinated activity or is not designated matter after subparagraph (C); mittee. made in coordination with a candidate, po- (2) by redesignating paragraph (3) of sub- ‘‘(D) TRANSFERS.—A committee of a polit- litical party, or agent of the candidate or section (c) as subsection (g); and ical party that submits a certification under party, or a candidate’s agent or a person who (3) by inserting after subsection (c)(2) (as subparagraph (B) with respect to a candidate is coordinating with a candidate or a can- amended by paragraph (1)) the following: shall not, during an election cycle, transfer

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.010 pfrm03 PsN: H13PT2 H380 CONGRESSIONAL RECORD — HOUSE February 13, 2002 any funds to, assign authority to make co- the candidate’s political party) in connec- computers if the person has, or has reason to ordinated expenditures under this subsection tion with the candidate’s pursuit of nomina- expect to have, aggregate contributions or to, or receive a transfer of funds from, a tion for election, or election, to Federal of- expenditures in excess of a threshold amount committee of the political party that has fice, including services relating to the can- determined by the Commission; and made or intends to make an independent ex- didate’s decision to seek Federal office, and ‘‘(ii) may maintain and file a designation, penditure with respect to the candidate.’’. the person retained is retained to work on statement, or report in electronic form or an SEC. 206. COORDINATION WITH CANDIDATES. activities relating to that candidate’s cam- alternative form, including the use of a fac- (a) DEFINITION OF COORDINATION WITH CAN- paign. simile machine, if not required to do so DIDATES.— ‘‘(vii) A payment made by a person who under the regulation promulgated under (1) SECTION 301(8).—Section 301(8) of the Fed- has directly participated in fundraising ac- clause (i). eral Election Campaign Act of 1971 (2 U.S.C. tivities with the candidate or in the solicita- ‘‘(B) The Commission shall make a des- 431(8)) is amended— tion or receipt of contributions on behalf of ignation, statement, report, or notification (A) in subparagraph (A)— the candidate. that is filed electronically with the Commis- (i) by striking ‘‘or’’ at the end of clause (i); ‘‘(viii) A payment made by a person who sion accessible to the public on the Internet (ii) by striking the period at the end of has communicated with the candidate or an not later than 24 hours after the designation, clause (ii) and inserting ‘‘; or’’; and agent of the candidate (including a commu- statement, report, or notification is received (iii) by adding at the end the following: nication through a political committee of by the Commission. ‘‘(iii) coordinated activity (as defined in the candidate’s political party) after the dec- ‘‘(C) In promulgating a regulation under subparagraph (C)).’’; and laration of candidacy (including a pollster, this paragraph, the Commission shall pro- (B) by adding at the end the following: media consultant, vendor, advisor, or staff vide methods (other than requiring a signa- ‘‘(C) ‘Coordinated activity’ means anything member acting on behalf of the candidate), ture on the document being filed) for of value provided by a person in coordination about advertising message, allocation of re- verifying designations, statements, and re- with a candidate, an agent of the candidate, sources, fundraising, or other campaign mat- ports covered by the regulation. Any docu- or the political party of the candidate or its ters related to the candidate’s campaign, in- ment verified under any of the methods shall agent for the purpose of influencing a Fed- cluding campaign operations, staffing, tac- be treated for all purposes (including pen- eral election (regardless of whether the value tics, or strategy. alties for perjury) in the same manner as a being provided is a communication that is ‘‘(ix) The provision of in-kind professional document verified by signature.’’. express advocacy) in which such candidate services or polling data (including services SEC. 302. PROHIBITION OF DEPOSIT OF CON- seeks nomination or election to Federal of- or data provided through a political com- TRIBUTIONS WITH INCOMPLETE fice, and includes any of the following: mittee of the candidate’s political party) to CONTRIBUTOR INFORMATION. ‘‘(i) A payment made by a person in co- the candidate or candidate’s agent. Section 302 of Federal Election Campaign operation, consultation, or concert with, at ‘‘(x) A payment made by a person who has Act of 1971 (2 U.S.C. 432) is amended by add- the request or suggestion of, or pursuant to engaged in a coordinated activity with a can- ing at the end the following: any general or particular understanding with didate described in clauses (i) through (ix) ‘‘(j) DEPOSIT OF CONTRIBUTIONS.—The treas- a candidate, the candidate’s authorized com- for a communication that clearly refers to urer of a candidate’s authorized committee mittee, the political party of the candidate, the candidate or the candidate’s opponent shall not deposit, except in an escrow ac- or an agent acting on behalf of a candidate, and is for the purpose of influencing that count, or otherwise negotiate a contribution authorized committee, or the political party candidates’s election (regardless of whether from a person who makes an aggregate of the candidate. the communication is express advocacy). amount of contributions in excess of $200 ‘‘(ii) A payment made by a person for the ‘‘(D) For purposes of subparagraph (C), the during a calendar year unless the treasurer production, dissemination, distribution, or term ‘professional services’ means polling, verifies that the information required by republication, in whole or in part, of any media advice, fundraising, campaign re- this section with respect to the contributor broadcast or any written, graphic, or other search or direct mail (except for mailhouse is complete.’’. form of campaign material prepared by a services solely for the distribution of voter SEC. 303. AUDITS. candidate, a candidate’s authorized com- guides as defined in section 431(20)(B)) serv- (a) RANDOM AUDITS.—Section 311(b) of the mittee, or an agent of a candidate or author- ices in support of a candidate’s pursuit of Federal Election Campaign Act of 1971 (2 ized committee (not including a communica- nomination for election, or election, to Fed- U.S.C. 438(b)) is amended— tion described in paragraph (9)(B)(i) or a eral office. (1) by inserting ‘‘(1) IN GENERAL.—’’ before communication that expressly advocates the ‘‘(E) For purposes of subparagraph (C), all ‘‘The Commission’’; candidate’s defeat). political committees established and main- (2) by moving the text 2 ems to the right; ‘‘(iii) A payment made by a person based tained by a national political party (includ- and on information about a candidate’s plans, ing all congressional campaign committees) (3) by adding at the end the following: projects, or needs provided to the person and all political committees established and ‘‘(2) RANDOM AUDITS.— making the payment by the candidate or the maintained by a State political party (in- ‘‘(A) IN GENERAL.—Notwithstanding para- candidate’s agent who provides the informa- cluding any subordinate committee of a graph (1), the Commission may conduct ran- tion with the intent that the payment be State committee) shall be considered to be a dom audits and investigations to ensure vol- made. single political committee.’’. untary compliance with this Act. The selec- ‘‘(iv) A payment made by a person if, in the (2) SECTION 315(a)(7).—Section 315(a)(7) (2 tion of any candidate for a random audit or same election cycle in which the payment is U.S.C. 441a(a)(7)) is amended by striking sub- investigation shall be based on criteria made, the person making the payment is paragraph (B) and inserting the following: adopted by a vote of at least four members of serving or has served as a member, em- ‘‘(B) a coordinated activity, as described in the Commission. ployee, fundraiser, or agent of the can- section 301(8)(C), shall be considered to be a ‘‘(B) LIMITATION.—The Commission shall didate’s authorized committee in an execu- contribution to the candidate, and in the not conduct an audit or investigation of a tive or policymaking position. case of a limitation on expenditures, shall be candidate’s authorized committee under sub- ‘‘(v) A payment made by a person if the treated as an expenditure by the candidate. paragraph (A) until the candidate is no person making the payment has served in (b) MEANING OF CONTRIBUTION OR EXPENDI- longer a candidate for the office sought by any formal policy making or advisory posi- TURE FOR THE PURPOSES OF SECTION 316.— the candidate in an election cycle. tion with the candidate’s campaign or has Section 316(b)(2) of the Federal Election ‘‘(C) APPLICABILITY.—This paragraph does participated in formal strategic or formal Campaign Act of 1971 (2 U.S.C. 441b(b)) is not apply to an authorized committee of a policymaking discussions (other than any amended by striking ‘‘shall include’’ and in- candidate for President or Vice President discussion treated as a lobbying contact serting ‘‘includes a contribution or expendi- subject to audit under section 9007 or 9038 of under the Lobbying Disclosure Act of 1995 in ture, as those terms are defined in section the Internal Revenue Code of 1986.’’. the case of a candidate holding Federal office 301, and also includes’’. (b) EXTENSION OF PERIOD DURING WHICH or as a similar lobbying activity in the case TITLE III—DISCLOSURE CAMPAIGN AUDITS MAY BE BEGUN.—Section of a candidate holding State or other elec- SEC. 301. FILING OF REPORTS USING COM- 311(b) of the Federal Election Campaign Act tive office) with the candidate’s campaign PUTERS AND FACSIMILE MACHINES. of 1971 (2 U.S.C. 438(b)) is amended by strik- relating to the candidate’s pursuit of nomi- Section 304(a) of the Federal Election Cam- ing ‘‘6 months’’ and inserting ‘‘12 months’’. nation for election, or election, to Federal paign Act of 1971 (2 U.S.C. 434(a)) is amended SEC. 304. REPORTING REQUIREMENTS FOR CON- office, in the same election cycle as the elec- by striking paragraph (11) and inserting the TRIBUTIONS OF $50 OR MORE. tion cycle in which the payment is made. following: Section 304(b)(3)(A) of the Federal Election ‘‘(vi) A payment made by a person if, in the ‘‘(11)(A) The Commission shall promulgate Campaign Act at 1971 (2 U.S.C. 434(b)(3)(A) is same election cycle, the person making the a regulation under which a person required amended— payment retains the professional services of to file a designation, statement, or report (1) by striking ‘‘$200’’ and inserting ‘‘$50’’; any person that has provided or is providing under this Act— and campaign-related services in the same elec- ‘‘(i) is required to maintain and file a des- (2) by striking the semicolon and inserting tion cycle to a candidate (including services ignation, statement, or report for any cal- ‘‘, except that in the case of a person who provided through a political committee of endar year in electronic form accessible by makes contributions aggregating at least $50

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.010 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H381

but not more than $200 during the calendar name of the candidate or the political ‘‘VOLUNTARY PERSONAL FUNDS EXPENDITURE year, the identification need include only party.’’. LIMIT the name and address of the person;’’. (b) DEFINITION OF GENERIC CAMPAIGN AC- ‘‘SEC. 324. (a) ELIGIBLE CONGRESSIONAL SEC. 305. USE OF CANDIDATES’ NAMES. TIVITY.—Section 301 of the Federal Election CANDIDATE.— Section 302(e) of the Federal Election Cam- Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as ‘‘(1) PRIMARY ELECTION.— paign Act of 1971 (2 U.S.C. 432(e)) is amended amended by section 201(b)) is further amend- ‘‘(A) DECLARATION.—A candidate for elec- by striking paragraph (4) and inserting the ed by adding at the end the following: tion for Senator or Representative in or Del- following: ‘‘(21) GENERIC CAMPAIGN ACTIVITY.—The egate or Resident Commissioner to the Con- ‘‘(4)(A) The name of each authorized com- term ‘generic campaign activity’ means an gress is an eligible primary election Congres- mittee shall include the name of the can- activity that promotes a political party and sional candidate if the candidate files with didate who authorized the committee under does not promote a candidate or non-Federal the Commission a declaration that the can- paragraph (1). candidate.’’. didate and the candidate’s authorized com- ‘‘(B) A political committee that is not an SEC. 308. CAMPAIGN ADVERTISING. mittees will not make expenditures in excess authorized committee shall not— Section 318 of the Federal Election Cam- of the personal funds expenditure limit. ‘‘(i) include the name of any candidate in paign Act of 1971 (2 U.S.C. 441d) is amended— ‘‘(B) TIME TO FILE.—The declaration under its name; or (1) in subsection (a)— subparagraph (A) shall be filed not later than ‘‘(ii) except in the case of a national, State, (A) in the matter preceding paragraph (1)— the date on which the candidate files with or local party committee, use the name of (i) by striking ‘‘Whenever’’ and inserting the appropriate State officer as a candidate any candidate in any activity on behalf of ‘‘Whenever a political committee makes a for the primary election. the committee in such a context as to sug- disbursement for the purpose of financing ‘‘(2) GENERAL ELECTION.— gest that the committee is an authorized any communication through any broad- ‘‘(A) DECLARATION.—A candidate for elec- committee of the candidate or that the use casting station, newspaper, magazine, out- tion for Senator or Representative in or Del- of the candidate’s name has been authorized door advertising facility, mailing, or any egate or Resident Commissioner to the Con- by the candidate.’’. other type of general public political adver- gress is an eligible general election Congres- SEC. 306. PROHIBITION OF FALSE REPRESENTA- tising, or whenever’’; sional candidate if the candidate files with TION TO SOLICIT CONTRIBUTIONS. (ii) by striking ‘‘an expenditure’’ and in- the Commission— Section 322 of the Federal Election Cam- serting ‘‘a disbursement’’; and ‘‘(i) a declaration under penalty of perjury, paign Act of 1971 (2 U.S.C. 441h) is amended— (iii) by striking ‘‘direct’’; and with supporting documentation as required (1) by inserting after ‘‘SEC. 322.’’ the fol- (B) in paragraph (3), by inserting ‘‘and per- by the Commission, that the candidate and lowing: ‘‘(a) IN GENERAL.—’’; and manent street address’’ after ‘‘name’’; and the candidate’s authorized committees did (2) by adding at the end the following: (2) by adding at the end the following: not exceed the personal funds expenditure ‘‘(b) SOLICITATION OF CONTRIBUTIONS.—No ‘‘(c) Any printed communication described limit in connection with the primary elec- person shall solicit contributions by falsely in subsection (a) shall— tion; and representing himself or herself as a can- ‘‘(1) be of sufficient type size to be clearly ‘‘(ii) a declaration that the candidate and didate or as a representative of a candidate, readable by the recipient of the communica- the candidate’s authorized committees will a political committee, or a political party.’’. tion; not make expenditures in excess of the per- SEC. 307. SOFT MONEY OF PERSONS OTHER THAN ‘‘(2) be contained in a printed box set apart sonal funds expenditure limit. POLITICAL PARTIES. from the other contents of the communica- ‘‘(B) TIME TO FILE.—The declaration under (a) IN GENERAL.—Section 304 of the Federal tion; and subparagraph (A) shall be filed not later than Election Campaign Act of 1971 (2 U.S.C. 434) ‘‘(3) be printed with a reasonable degree of 7 days after the earlier of— (as amended by section 103(c) and section 204) color contrast between the background and ‘‘(i) the date on which the candidate quali- is amended by adding at the end the fol- the printed statement. fies for the general election ballot under lowing: ‘‘(d)(1) Any communication described in State law; or ‘‘(h) DISBURSEMENTS OF PERSONS OTHER paragraphs (1) or (2) of subsection (a) which ‘‘(ii) if under State law, a primary or run- THAN POLITICAL PARTIES.— is transmitted through radio or television off election to qualify for the general elec- ‘‘(1) IN GENERAL.—A person, other than a shall include, in addition to the require- tion ballot occurs after September 1, the political committee of a political party or a ments of that paragraph, an audio statement date on which the candidate wins the pri- person described in section 501(d) of the In- by the candidate that identifies the can- mary or runoff election. ternal Revenue Code of 1986, that makes an didate and states that the candidate has ap- ‘‘(b) PERSONAL FUNDS EXPENDITURE aggregate amount of disbursements in excess proved the communication. LIMIT.— of $50,000 during a calendar year for activi- ‘‘(2) If a communication described in para- ‘‘(1) IN GENERAL.—The aggregate amount of ties described in paragraph (2) shall file a graph (1) is transmitted through television, expenditures that may be made in connec- statement with the Commission— the communication shall include, in addition tion with an election by an eligible Congres- ‘‘(A) on a monthly basis as described in to the audio statement under paragraph (1), sional candidate or the candidate’s author- subsection (a)(4)(B); or a written statement that— ized committees from the sources described ‘‘(B) in the case of disbursements that are ‘‘(A) appears at the end of the communica- in paragraph (2) shall not exceed $50,000. made within 20 days of an election, within 24 tion in a clearly readable manner with a rea- ‘‘(2) SOURCES.—A source is described in this hours after the disbursements are made. sonable degree of color contrast between the paragraph if the source is— ‘‘(2) ACTIVITY.—The activity described in background and the printed statement, for a ‘‘(A) personal funds of the candidate and this paragraph is— period of at least 4 seconds; and members of the candidate’s immediate fam- ‘‘(A) Federal election activity; ‘‘(B) is accompanied by a clearly identifi- ily; or ‘‘(B) an activity described in section able photographic or similar image of the ‘‘(B) proceeds of indebtedness incurred by 316(b)(2)(A) that expresses support for or op- candidate. the candidate or a member of the candidate’s position to a candidate for Federal office or ‘‘(e) Any communication described in para- immediate family. a political party; and graph (3) of subsection (a) which is trans- ‘‘(c) CERTIFICATION BY THE COMMISSION.— ‘‘(C) an activity described in subparagraph mitted through radio or television shall in- ‘‘(1) IN GENERAL.—The Commission shall (B) or (C) of section 316(b)(2). clude, in addition to the requirements of determine whether a candidate has met the ‘‘(3) APPLICABILITY.—This subsection does that paragraph, in a clearly spoken manner, requirements of this section and, based on not apply to— the following statement: ‘llllllll is the determination, issue a certification stat- ‘‘(A) a candidate or a candidate’s author- responsible for the content of this advertise- ing whether the candidate is an eligible Con- ized committees; or ment.’ (with the blank to be filled in with gressional candidate. ‘‘(B) an independent expenditure. the name of the political committee or other ‘‘(2) TIME FOR CERTIFICATION.—Not later ‘‘(4) CONTENTS.—A statement under this person paying for the communication and than 7 business days after a candidate files a section shall contain such information about the name of any connected organization of declaration under paragraph (1) or (2) of sub- the disbursements made during the reporting the payor). If transmitted through tele- section (a), the Commission shall certify period as the Commission shall prescribe, in- vision, the statement shall also appear in a whether the candidate is an eligible Congres- cluding— clearly readable manner with a reasonable sional candidate. ‘‘(A) the aggregate amount of disburse- degree of color contrast between the back- ‘‘(3) REVOCATION.—The Commission shall ments made; ground and the printed statement, for a pe- revoke a certification under paragraph (1), ‘‘(B) the name and address of the person or riod of at least 4 seconds.’’. based on information submitted in such form entity to whom a disbursement is made in an TITLE IV—PERSONAL WEALTH OPTION and manner as the Commission may require aggregate amount in excess of $200; SEC. 401. VOLUNTARY PERSONAL FUNDS EX- or on information that comes to the Com- ‘‘(C) the date made, amount, and purpose PENDITURE LIMIT. mission by other means, if the Commission of the disbursement; and Title III of the Federal Election Campaign determines that a candidate violates the per- ‘‘(D) if applicable, whether the disburse- Act of 1971 (2 U.S.C. 431 et seq.), as amended sonal funds expenditure limit. ment was in support of, or in opposition to, by section 101, is further amended by adding ‘‘(4) DETERMINATIONS BY COMMISSION.—A a candidate or a political party, and the at the end the following new section: determination made by the Commission

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.010 pfrm03 PsN: H13PT2 H382 CONGRESSIONAL RECORD — HOUSE February 13, 2002 under this subsection shall be final, except SEC. 502. PROHIBITION OF FUNDRAISING ON Commission action for which review is to the extent that the determination is sub- FEDERAL PROPERTY. sought.’’; ject to examination and audit by the Com- Section 607 of title 18, United States Code, (2) in paragraph (5)(D)— mission and to judicial review. is amended— (A) by inserting after the first sentence the ‘‘(d) PENALTY.—If the Commission revokes (1) by striking subsection (a) and inserting following: ‘‘In any case in which a penalty or the certification of an eligible Congressional the following: filing requirement imposed on a political ‘‘(a) PROHIBITION.— candidate— committee or treasurer under paragraph (13) ‘‘(1) IN GENERAL.—It shall be unlawful for ‘‘(1) the Commission shall notify the can- has not been satisfied, the Commission may any person to solicit or receive a donation of didate of the revocation; and institute a civil action for enforcement money or other thing of value in connection ‘‘(2) the candidate and a candidate’s au- under paragraph (6)(A).’’; and with a Federal, State, or local election from thorized committees shall pay to the Com- (B) by inserting before the period at the a person who is located in a room or building mission an amount equal to the amount of end of the last sentence the following: ‘‘or occupied in the discharge of official duties expenditures made by a national committee has failed to pay a penalty or meet a filing by an officer or employee of the United of a political party or a State committee of requirement imposed under paragraph (13)’’; States. An individual who is an officer or a political party in connection with the gen- and employee of the Federal Government, includ- eral election campaign of the candidate (3) in paragraph (6)(A), by striking ‘‘para- ing the President, Vice President, and Mem- under section 315(d).’’. graph (4)(A)’’ and inserting ‘‘paragraph (4)(A) bers of Congress, shall not solicit a donation or (13)’’. SEC. 402. POLITICAL PARTY COMMITTEE COORDI- of money or other thing of value in connec- SEC. 504. STRENGTHENING FOREIGN MONEY NATED EXPENDITURES. tion with a Federal, State, or local election Section 315(d) of the Federal Election Cam- BAN. while in any room or building occupied in (a) IN GENERAL.—Section 319 of the Federal paign Act of 1971 (2 U.S.C. 441a(d)) (as amend- the discharge of official duties by an officer Election Campaign Act of 1971 (2 U.S.C. 441e) ed by section 204) is amended by adding at or employee of the United States, from any is amended— the end the following: person. (1) by striking the heading and inserting ‘‘(5) This subsection does not apply to ex- ENALTY ‘‘(2) P .—A person who violates this the following: ‘‘CONTRIBUTIONS AND DONA- penditures made in connection with the gen- section shall be fined not more than $5,000, TIONS BY FOREIGN NATIONALS’’; and eral election campaign of a candidate for imprisoned more than 3 years, or both.’’; and (2) by striking subsection (a) and inserting Senator or Representative in or Delegate or (2) in subsection (b), by inserting ‘‘or Exec- the following: Resident Commissioner to the Congress who utive Office of the President’’ after ‘‘Con- ‘‘(a) PROHIBITION.—It shall be unlawful is not an eligible Congressional candidate (as gress’’. for— defined in section 324(a)).’’. SEC. 503. PENALTIES FOR VIOLATIONS. ‘‘(1) a foreign national, directly or indi- TITLE V—MISCELLANEOUS (a) INCREASED PENALTIES.—Section 309(a) rectly, to make— of the Federal Election Campaign Act of 1971 ‘‘(A) a donation of money or other thing of SEC. 501. USE OF CONTRIBUTED AMOUNTS FOR (2 U.S.C. 437g(a)) is amended— CERTAIN PURPOSES. value, or to promise expressly or impliedly (1) in paragraphs (5)(A), (6)(A), and (6)(B), to make a donation, in connection with a Title III of the Federal Election Campaign by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; Act of 1971 (2 U.S.C. 431 et seq.) is amended Federal, State, or local election; or and ‘‘(B) a contribution or donation to a com- by striking section 313 and inserting the fol- (2) in paragraphs (5)(B) and (6)(C), by strik- lowing: mittee of a political party; or ing ‘‘$10,000 or an amount equal to 200 per- ‘‘(2) a person to solicit, accept, or receive ‘‘USE OF CONTRIBUTED AMOUNTS FOR CERTAIN cent’’ and inserting ‘‘$20,000 or an amount such a contribution or donation from a for- PURPOSES equal to 300 percent’’. eign national.’’. (b) EQUITABLE REMEDIES.—Section ‘‘SEC ERMITTED SES (b) PROHIBITING USE OF WILLFUL BLINDNESS . 313. (a) P U .—A con- 309(a)(5)(A) of the Federal Election Campaign tribution accepted by a candidate, and any AS DEFENSE AGAINST CHARGE OF VIOLATING Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by FOREIGN CONTRIBUTION BAN.— other amount received by an individual as striking the period at the end and inserting (1) IN GENERAL.—Section 319 of such Act (2 support for activities of the individual as a ‘‘, and may include equitable remedies or holder of Federal office, may be used by the U.S.C. 441e) is amended— penalties, including disgorgement of funds to (A) by redesignating subsection (b) as sub- candidate or individual— the Treasury or community service require- ‘‘(1) for expenditures in connection with section (c); and ments (including requirements to participate (B) by inserting after subsection (a) the the campaign for Federal office of the can- in public education programs).’’. following new subsection: didate or individual; (c) AUTOMATIC PENALTY FOR LATE FILING.— ‘‘(b) PROHIBITING USE OF WILLFUL BLIND- ‘‘(2) for ordinary and necessary expenses Section 309(a) of the Federal Election Cam- NESS DEFENSE.—It shall not be a defense to a incurred in connection with duties of the in- paign Act of 1971 (2 U.S.C. 437g(a)) is amend- violation of subsection (a) that the defendant dividual as a holder of Federal office; ed— did not know that the contribution origi- ‘‘(3) for contributions to an organization (1) by adding at the end the following: nated from a foreign national if the defend- described in section 170(c) of the Internal ‘‘(13) PENALTY FOR LATE FILING.— ant should have known that the contribution Revenue Code of 1986; or ‘‘(A) IN GENERAL.— originated from a foreign national, except ‘‘(4) for transfers to a national, State, or ‘‘(i) MONETARY PENALTIES.—The Commis- local committee of a political party. sion shall establish a schedule of mandatory that the trier of fact may not find that the defendant should have known that the con- ‘‘(b) PROHIBITED USE.— monetary penalties that shall be imposed by tribution originated from a foreign national ‘‘(1) IN GENERAL.—A contribution or the Commission for failure to meet a time amount described in subsection (a) shall not requirement for filing under section 304. solely because of the name of the contributor.’’. be converted by any person to personal use. ‘‘(ii) REQUIRED FILING.—In addition to im- (2) EFFECTIVE DATE.—The amendments ‘‘(2) CONVERSION.—For the purposes of posing a penalty, the Commission may re- paragraph (1), a contribution or amount quire a report that has not been filed within made by this subsection shall apply with re- shall be considered to be converted to per- the time requirements of section 304 to be spect to violations occurring on or after the sonal use if the contribution or amount is filed by a specific date. date of the enactment of this Act. (c) PROHIBITION APPLICABLE TO ALL INDI- used to fulfill any commitment, obligation, ‘‘(iii) PROCEDURE.—A penalty or filing re- or expense of a person that would exist irre- quirement imposed under this paragraph VIDUALS WHO ARE NOT CITIZENS OR NATION- spective of the candidate’s election cam- shall not be subject to paragraph (1), (2), (3), ALS OF THE UNITED STATES.—Section 319(b)(2) paign or individual’s duties as a holder of (4), (5), or (12). of such Act (2 U.S.C. 441e(b)(2)) is amended by striking the period at the end and insert- Federal officeholder, including— ‘‘(B) FILING AN EXCEPTION.— ing the following: ‘‘, or in the case of an elec- ‘‘(A) a home mortgage, rent, or utility pay- ‘‘(i) TIME TO FILE.—A political committee ment; shall have 30 days after the imposition of a tion for Federal office, an individual who is ‘‘(B) a clothing purchase; penalty or filing requirement by the Com- not a citizen of the United States or a na- ‘‘(C) a noncampaign-related automobile ex- mission under this paragraph in which to file tional of the United States (as defined in sec- pense; an exception with the Commission. tion 101(a)(22) of the Immigration and Na- tionality Act).’’. ‘‘(D) a country club membership; ‘‘(ii) TIME FOR COMMISSION TO RULE.—With- ‘‘(E) a vacation or other noncampaign-rein 30 days after receiving an exception, the SEC. 505. PROHIBITION OF CONTRIBUTIONS BY lated trip; Commission shall make a determination MINORS. ‘‘(F) a household food item; that is a final agency action subject to ex- Title III of the Federal Election Campaign ‘‘(G) a tuition payment; clusive review by the United States Court of Act of 1971 (2 U.S.C. 431 et seq.), as amended ‘‘(H) admission to a sporting event, con- Appeals for the District of Columbia Circuit by sections 101 and 401, is further amended cert, theater, or other form of entertainment under section 706 of title 5, United States by adding at the end the following new sec- not associated with an election campaign; Code, upon petition filed in that court by the tion: and political committee or treasurer that is the ‘‘PROHIBITION OF CONTRIBUTIONS BY MINORS ‘‘(I) dues, fees, and other payments to a subject of the agency action, if the petition ‘‘SEC. 325. An individual who is 17 years old health club or recreational facility.’’. is filed within 30 days after the date of the or younger shall not make a contribution to

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.011 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H383 a candidate or a contribution or donation to SEC. 509. PENALTY FOR VIOLATION OF PROHIBI- contribution or donation to the Commission a committee of a political party.’’. TION AGAINST FOREIGN CONTRIBU- if— TIONS. SEC. 506. EXPEDITED PROCEDURES. ‘‘(A) the contribution or donation is in an (a) IN GENERAL.—Section 319 of the Federal (a) IN GENERAL.—Section 309(a) of the Fed- amount equal to or greater than $500 (other Election Campaign Act of 1971 (2 U.S.C. 441e), eral Election Campaign Act of 1971 (2 U.S.C. than a contribution or donation returned as amended by section 504(b), is further 437g(a)) (as amended by section 503(c)) is within 60 days of receipt by the committee); amended— amended by adding at the end the following: or ‘‘(14)(A) If the complaint in a proceeding (1) by redesignating subsection (c) as sub- ‘‘(B) the contribution or donation was was filed within 60 days preceding the date of section (d); and made in violation of section 315, 316, 317, 319, a general election, the Commission may take (2) by inserting after subsection (b) the fol- 320, or 325 (other than a contribution or do- action described in this subparagraph. lowing new subsection: nation returned within 30 days of receipt by ‘‘(c) PENALTY.— ‘‘(B) If the Commission determines, on the the committee). ‘‘(1) IN GENERAL.—Except as provided in basis of facts alleged in the complaint and ‘‘(2) INFORMATION INCLUDED WITH TRANS- paragraph (2), notwithstanding any other other facts available to the Commission, FERRED CONTRIBUTION OR DONATION.—A polit- provision of this title any person who vio- that there is clear and convincing evidence ical committee shall include with any con- lates subsection (a) shall be sentenced to a that a violation of this Act has occurred, is tribution or donation transferred under para- term of imprisonment which may not be occurring, or is about to occur, the Commis- graph (1)— more than 10 years, fined in an amount not sion may order expedited proceedings, short- ‘‘(A) a request that the Commission return to exceed $1,000,000, or both. ening the time periods for proceedings under the contribution or donation to the person ‘‘(2) EXCEPTION.—Paragraph (1) shall not paragraphs (1), (2), (3), and (4) as necessary to making the contribution or donation; and apply with respect to any violation of sub- allow the matter to be resolved in sufficient ‘‘(B) information regarding the cir- section (a) arising from a contribution or do- time before the election to avoid harm or cumstances surrounding the making of the nation made by an individual who is lawfully prejudice to the interests of the parties. contribution or donation and any opinion of ‘‘(C) If the Commission determines, on the admitted for permanent residence (as defined the political committee concerning whether basis of facts alleged in the complaint and in section 101(a)(22) of the Immigration and the contribution or donation may have been other facts available to the Commission, Nationality Act).’’. made in violation of this Act. (b) EFFECTIVE DATE.—The amendments that the complaint is clearly without merit, ‘‘(3) ESTABLISHMENT OF ESCROW ACCOUNT.— made by this section shall apply with respect the Commission may— ‘‘(A) IN GENERAL.—The Commission shall to violations occurring on or after the date ‘‘(i) order expedited proceedings, short- establish a single interest-bearing escrow ac- of the enactment of this Act. ening the time periods for proceedings under count for deposit of amounts transferred paragraphs (1), (2), (3), and (4) as necessary to SEC. 510. EXPEDITED COURT REVIEW OF CER- under paragraph (1). TAIN ALLEGED VIOLATIONS OF FED- allow the matter to be resolved in sufficient ‘‘(B) DISPOSITION OF AMOUNTS RECEIVED.— ERAL ELECTION CAMPAIGN ACT OF On receiving an amount from a political time before the election to avoid harm or 1971. prejudice to the interests of the parties; or committee under paragraph (1), the Commis- (a) IN GENERAL.—Section 309 of the Federal sion shall— ‘‘(ii) if the Commission determines that Election Campaign Act of 1971 (2 U.S.C. 437g) there is insufficient time to conduct pro- ‘‘(i) deposit the amount in the escrow ac- is amended— count established under subparagraph (A); ceedings before the election, summarily dis- (1) by redesignating subsection (d) as sub- miss the complaint.’’. and section (e); and ‘‘(ii) notify the Attorney General and the (b) REFERRAL TO ATTORNEY GENERAL.—Sec- (2) by inserting after subsection (c) the fol- tion 309(a)(5) of the Federal Election Cam- Commissioner of the Internal Revenue Serv- lowing new subsection: ice of the receipt of the amount from the po- paign Act of 1971 (2 U.S.C. 437g(a)(5)) is ‘‘(d) Notwithstanding any other provision litical committee. amended by striking subparagraph (C) and of this section, if a candidate (or the can- ‘‘(C) USE OF INTEREST.—Interest earned on inserting the following: didate’s authorized committee) believes that amounts in the escrow account established ‘‘(C) The Commission may at any time, by a violation described in paragraph (2) has under subparagraph (A) shall be applied or an affirmative vote of at least 4 of its mem- been committed with respect to an election used for the same purposes as the donation bers, refer a possible violation of this Act or during the 90-day period preceding the date or contribution on which it is earned. chapter 95 or 96 of the Internal Revenue Code of the election, the candidate or committee ‘‘(4) TREATMENT OF RETURNED CONTRIBUTION of 1986, to the Attorney General of the may institute a civil action on behalf of the OR DONATION AS A COMPLAINT.—The transfer United States, without regard to any limita- Commission for relief (including injunctive of any contribution or donation to the Com- tion set forth in this section.’’. relief) against the alleged violator in the mission under this section shall be treated as SEC. 507. INITIATION OF ENFORCEMENT PRO- same manner and under the same terms and the filing of a complaint under section 309(a). CEEDING. conditions as an action instituted by the ‘‘(b) USE OF AMOUNTS PLACED IN ESCROW TO Section 309(a)(2) of the Federal Election Commission under subsection (a)(6), except COVER FINES AND PENALTIES.—The Commis- Campaign Act of 1971 (2 U.S.C. 437g(a)(2)) is that the court involved shall issue a decision amended by striking ‘‘reason to believe sion or the Attorney General may require regarding the action as soon as practicable any amount deposited in the escrow account that’’ and inserting ‘‘reason to investigate after the action is instituted and to the under subsection (a)(3) to be applied toward whether’’. greatest extent possible issue the decision the payment of any fine or penalty imposed SEC. 508. PROTECTING EQUAL PARTICIPATION prior to the date of the election involved. under this Act or title 18, United States OF ELIGIBLE VOTERS IN CAMPAIGNS ‘‘(2) A violation described in this paragraph Code, against the person making the con- AND ELECTIONS. is a violation of this Act or of chapter 95 or tribution or donation. Title III of the Federal Election Campaign chapter 96 of the Internal Revenue Code of ‘‘(c) RETURN OF CONTRIBUTION OR DONATION Act of 1971 (2 U.S.C. 431 et seq.), as amended 1986 relating to— AFTER DEPOSIT IN ESCROW.— by sections 101, 401, and 505, is further ‘‘(A) whether a contribution is in excess of ‘‘(1) IN GENERAL.—The Commission shall amended by adding at the end the following an applicable limit or is otherwise prohibited return a contribution or donation deposited new section: under this Act; or in the escrow account under subsection (a)(3) ‘‘PROTECTING EQUAL PARTICIPATION OF ‘‘(B) whether an expenditure is an inde- to the person making the contribution or do- ELIGIBLE VOTERS IN CAMPAIGNS AND ELECTIONS pendent expenditure under section 301(17).’’. nation if— ‘‘SEC. 326. (a) IN GENERAL.—Nothing in this (b) EFFECTIVE DATE.—The amendments ‘‘(A) within 180 days after the date the con- Act may be construed to prohibit any indi- made by this section shall apply with respect tribution or donation is transferred, the vidual eligible to vote in an election for Fed- to elections occurring after the date of the Commission has not made a determination eral office from making contributions or ex- enactment of this Act. under section 309(a)(2) that the Commission penditures in support of a candidate for such SEC. 511. DEPOSIT OF CERTAIN CONTRIBUTIONS has reason to investigate whether that the an election (including voluntary contribu- AND DONATIONS IN TREASURY AC- making of the contribution or donation was tions or expenditures made through a sepa- COUNT. made in violation of this Act; or rate segregated fund established by the indi- (a) IN GENERAL.—Title III of the Federal ‘‘(B)(i) the contribution or donation will vidual’s employer or labor organization) or Election Campaign Act of 1971 (2 U.S.C. 431 not be used to cover fines, penalties, or costs otherwise participating in any campaign for et seq.), as amended by sections 101, 401, 505, pursuant to subsection (b); or such an election in the same manner and to and 508, is further amended by adding at the ‘‘(ii) if the contribution or donation will be the same extent as any other individual eli- end the following new section: used for those purposes, that the amounts re- gible to vote in an election for such office. ‘‘TREATMENT OF CERTAIN CONTRIBUTIONS AND quired for those purposes have been with- ‘‘(b) NO EFFECT ON GEOGRAPHIC RESTRIC- DONATIONS TO BE RETURNED TO DONORS drawn from the escrow account and sub- TIONS ON CONTRIBUTIONS.—Subsection (a) ‘‘SEC. 327. (a) TRANSFER TO COMMISSION.— tracted from the returnable contribution or may not be construed to affect any restric- ‘‘(1) IN GENERAL.—Notwithstanding any donation. tion under this title regarding the portion of other provision of this Act, if a political ‘‘(2) NO EFFECT ON STATUS OF INVESTIGA- contributions accepted by a candidate from committee intends to return any contribu- TION.—The return of a contribution or dona- persons residing in a particular geographic tion or donation given to the political com- tion by the Commission under this sub- area.’’. mittee, the committee shall transfer the section shall not be construed as having an

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.011 pfrm03 PsN: H13PT2 H384 CONGRESSIONAL RECORD — HOUSE February 13, 2002 effect on the status of an investigation by (A) develop a filing, coding, and cross-in- Act by the President from among individuals the Commission or the Attorney General of dexing system to carry out the purposes of who are not incumbent Members of Congress the contribution or donation or the cir- this section (which shall include an index of and who are specially qualified to serve on cumstances surrounding the contribution or all persons identified in the reports, registra- the Commission by reason of education, donation, or on the ability of the Commis- tions, and other information comprising the training, or experience. sion or the Attorney General to take future clearinghouse); (b) APPOINTMENT.— actions with respect to the contribution or (B) notwithstanding any other provision of (1) IN GENERAL.—Members shall be ap- donation.’’. law, make copies of registrations, reports, pointed as follows: (b) AMOUNTS USED TO DETERMINE AMOUNT and other information comprising the clear- (A) Three members (one of whom shall be OF PENALTY FOR VIOLATION.—Section 309(a) inghouse available for public inspection and a political independent) shall be appointed of such Act (2 U.S.C. 437g(a)) is amended by copying, beginning not later than 30 days from among a list of nominees submitted by inserting after paragraph (9) the following after the information is first available to the the Speaker of the House of Representatives. new paragraph: public, and permit copying of any such reg- (B) Three members (one of whom shall be a ‘‘(10) For purposes of determining the istration, report, or other information by political independent) shall be appointed amount of a civil penalty imposed under this hand or by copying machine or, at the re- from among a list of nominees submitted by subsection for violations of section 326, the quest of any person, furnish a copy of any the majority leader of the Senate. amount of the donation involved shall be such registration, report, or other informa- (C) Three members (one of whom shall be a treated as the amount of the contribution in- tion upon payment of the cost of making and political independent) shall be appointed volved.’’. furnishing such copy, except that no infor- from among a list of nominees submitted by (c) DISGORGEMENT AUTHORITY.—Section 309 mation contained in such registration or re- the minority leader of the House of Rep- of such Act (2 U.S.C. 437g) is amended by adding at the end the following new sub- port and no such other information shall be resentatives. section: sold or used by any person for the purpose of (D) Three members (one of whom shall be ‘‘(e) Any conciliation agreement, civil ac- soliciting contributions or for any profit- a political independent) shall be appointed tion, or criminal action entered into or insti- making purpose; and from among a list of nominees submitted by tuted under this section may require a per- (C) not later than 150 days after the date of the minority leader of the Senate. son to forfeit to the Treasury any contribu- the enactment of this Act and at any time (2) FAILURE TO SUBMIT LIST OF NOMINEES.— tion, donation, or expenditure that is the thereafter, to prescribe, in consultation with If an official described in any of the subpara- subject of the agreement or action for trans- the Comptroller General, such rules, regula- graphs of paragraph (1) fails to submit a list fer to the Commission for deposit in accord- tions, and forms, in conformity with the proof nominees to the President during the 15- ance with section 326.’’. visions of chapter 5 of title 5, United States day period which begins on the date of the (d) EFFECTIVE DATE.—The amendments Code, as are necessary to carry out the pro- enactment of this Act— made by subsections (a) and (b) shall apply visions of this section in the most effective (A) such subparagraph shall no longer to contributions or donations refunded on or and efficient manner. apply; and after the date of the enactment of this Act, (2) APPOINTMENT.—The Director shall be (B) the President shall appoint three mem- without regard to whether the Federal Elec- appointed by the Federal Election Commis- bers (one of whom shall be a political inde- tion Commission or Attorney General has sion. pendent) who meet the requirements de- issued regulations to carry out section 326 of (3) TERM OF SERVICE.—The Director shall scribed in subsection (a) and such other cri- the Federal Election Campaign Act of 1971 serve a single term of a period of time deter- teria as the President may apply. (as added by subsection (a)) by such date. mined by the Commission, but not to exceed (3) POLITICAL INDEPENDENT DEFINED.—In SEC. 512. ESTABLISHMENT OF A CLEARING- 5 years. this subsection, the term ‘‘political inde- HOUSE OF INFORMATION ON POLIT- (d) PENALTIES FOR DISCLOSURE OF INFORMA- pendent’’ means an individual who at no ICAL ACTIVITIES WITHIN THE FED- TION.—Any person who discloses information time after January 1992— ERAL ELECTION COMMISSION. in violation of subsection (b), and any person (A) has held elective office as a member of (a) ESTABLISHMENT.—There shall be estab- who sells or uses information for the purpose the Democratic or Republican party; lished within the Federal Election Commis- of soliciting contributions or for any profit- (B) has received any wages or salary from sion a clearinghouse of public information making purpose in violation of subsection the Democratic or Republican party or from regarding the political activities of foreign (c)(1)(B), shall be imprisoned for a period of a Democratic or Republican party office- principals and agents of foreign principals. not more than 1 year, or fined in the amount holder or candidate; or The information comprising this clearing- provided in title 18, United States Code, or (C) has provided substantial volunteer house shall include only the following: both. services or made any substantial contribu- (1) All registrations and reports filed pur- (e) AUTHORIZATION OF APPROPRIATIONS.— tion to the Democratic or Republican party suant to the Lobbying Disclosure Act of 1995 There are authorized to be appropriated such or to a Democratic or Republican party of- (2 U.S.C. 1601 et seq.) during the preceding 5- sums as may be necessary to conduct the ac- fice-holder or candidate. year period. tivities of the clearinghouse. (c) CHAIRMAN.—At the time of the appoint- (2) All registrations and reports filed pur- (f) FOREIGN PRINCIPAL.—In this section, the ment, the President shall designate one suant to the Foreign Agents Registration term ‘‘foreign principal’’ shall have the same member of the Commission as Chairman of Act, as amended (22 U.S.C. 611 et seq.), dur- meaning given the term ‘‘foreign national’’ the Commission. ing the preceding 5-year period. under section 319 of the Federal Election (d) TERMS.—The members of the Commis- (3) The listings of public hearings, hearing Campaign Act of 1971 (2 U.S.C. 441e), as in ef- sion shall serve for the life of the Commis- witnesses, and witness affiliations printed in fect as of the date of the enactment of this sion. the Congressional Record during the pre- Act. (e) VACANCIES.—A vacancy in the Commis- ceding 5-year period. SEC. 513. CLARIFICATION OF RIGHT OF NATION- sion shall be filled in the manner in which (4) Public information disclosed pursuant ALS OF THE UNITED STATES TO the original appointment was made. to the rules of the Senate or the House of MAKE POLITICAL CONTRIBUTIONS. (f) POLITICAL AFFILIATION.—Not more than Representatives regarding honoraria, the re- Section 319(d)(2) of the Federal Election four members of the Commission may be of ceipt of gifts, travel, and earned and un- Campaign Act of 1971 (2 U.S.C. 441e(d)(2)), as the same political party. earned income. amended by sections 504(b) and 509(a), is fur- SEC. 603. POWERS OF COMMISSION. (5) All reports filed pursuant to title I of ther amended by inserting after ‘‘United (a) HEARINGS.—The Commission may, for the Ethics in Government Act of 1978 (5 States’’ the following: ‘‘or a national of the the purpose of carrying out this title, hold U.S.C. App.) during the preceding 5-year pe- United States (as defined in section 101(a)(22) hearings, sit and act at times and places, riod. of the Immigration and Nationality Act)’’. (6) All public information filed with the take testimony, and receive evidence as the TITLE VI—INDEPENDENT COMMISSION Federal Election Commission pursuant to Commission considers appropriate. In car- ON CAMPAIGN FINANCE REFORM the Federal Election Campaign Act of 1971 (2 rying out the preceding sentence, the Com- U.S.C. 431 et seq.) during the preceding 5- SEC. 601. ESTABLISHMENT AND PURPOSE OF mission shall ensure that a substantial num- year period. COMMISSION. ber of its meetings are open meetings, with (b) DISCLOSURE OF OTHER INFORMATION There is established a commission to be significant opportunities for testimony from PROHIBITED.—The disclosure by the clearing- known as the ‘‘Independent Commission on members of the general public. house, or any officer or employee thereof, of Campaign Finance Reform’’ (referred to in (b) QUORUM.—Seven members of the Com- any information other than that set forth in this title as the ‘‘Commission’’). The pur- mission shall constitute a quorum, but a subsection (a) is prohibited, except as other- poses of the Commission are to study the lesser number may hold hearings. The ap- wise provided by law. laws relating to the financing of political ac- proval of at least nine members of the Com- (c) DIRECTOR OF CLEARINGHOUSE.— tivity and to report and recommend legisla- mission is required when approving all or a (1) DUTIES.—The clearinghouse shall have a tion to reform those laws. portion of the recommended legislation. Any Director, who shall administer and manage SEC. 602. MEMBERSHIP OF COMMISSION. member of the Commission may, if author- the responsibilities and all activities of the (a) COMPOSITION.—The Commission shall be ized by the Commission, take any action clearinghouse. In carrying out such duties, composed of 12 members appointed within 15 which the Commission is authorized to take the Director shall— days after the date of the enactment of this under this section.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.011 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H385 SEC. 604. REPORT AND RECOMMENDED LEGISLA- States Code, is amended by adding at the end individual (directly or through an agent of TION. the following new item: the committee) for purposes of encouraging (a) REPORT.—Not later than the expiration ‘‘612. Prohibiting use of meals and accom- the individual to appear at the polling place of the 180-day period which begins on the modations at White House for for the election.’’. date on which the second session of the One political fundraising.’’. TITLE XI—ENHANCING ENFORCEMENT OF Hundred Sixth Congress adjourns sine die, TITLE VIII—SENSE OF THE CONGRESS RE- CAMPAIGN LAW the Commission shall submit to the Presi- GARDING FUNDRAISING ON FEDERAL dent, the Speaker and minority leader of the SEC. 1101. ENHANCING ENFORCEMENT OF CAM- GOVERNMENT PROPERTY PAIGN FINANCE LAW. House of Representatives, and the majority and minority leaders of the Senate a report SEC. 801. SENSE OF THE CONGRESS REGARDING (a) MANDATORY IMPRISONMENT FOR CRIMI- of the activities of the Commission. APPLICABILITY OF CONTROLLING NAL CONDUCT.—Section 309(d)(1)(A) of the LEGAL AUTHORITY TO FUND- Federal Election Campaign Act of 1971 (2 (b) RECOMMENDATIONS; DRAFT OF LEGISLA- RAISING ON FEDERAL GOVERNMENT U.S.C. 437g(d)(1)(A)) is amended— TION.—The report under subsection (a) shall PROPERTY. include any recommendations for changes in (1) in the first sentence, by striking ‘‘shall It is the sense of the Congress that Federal be fined, or imprisoned for not more than the laws (including regulations) governing law clearly demonstrates that ‘‘controlling the financing of political activity (taking one year, or both’’ and inserting ‘‘shall be legal authority’’ under title 18, United imprisoned for not fewer than 1 year and not into account the provisions of this Act and States Code, prohibits the use of Federal the amendments made by this Act), includ- more than 10 years’’; and Government property to raise campaign (2) by striking the second sentence. ing any changes in the rules of the Senate or funds. the House of Representatives, to which nine (b) CONCURRENT AUTHORITY OF ATTORNEY TITLE IX—REIMBURSEMENT FOR USE OF or more members of the Commission may GENERAL TO BRING CRIMINAL ACTIONS.—Sec- GOVERNMENT PROPERTY FOR CAM- agree, together with drafts of— tion 309(d) of such Act (2 U.S.C. 437g(d)) is PAIGN ACTIVITY (1) any legislation (including technical and amended by adding at the end the following conforming provisions) recommended by the SEC. 901. REQUIRING NATIONAL PARTIES TO RE- new paragraph: Commission to implement such rec- IMBURSE AT COST FOR USE OF AIR ‘‘(4) In addition to the authority to bring FORCE ONE FOR POLITICAL FUND- ommendations; and cases referred pursuant to subsection (a)(5), RAISING. the Attorney General may at any time bring (2) any proposed amendment to the Con- Title III of the Federal Election Campaign stitution recommended by the Commission a criminal action for a violation of this Act Act of 1971 (2 U.S.C. 431 et seq.), as amended or of chapter 95 or chapter 96 of the Internal as necessary to implement such rec- by sections 101, 401, 505, 508, and 511, is fur- ommendations, except that if the Commis- Revenue Code of 1986.’’. ther amended by adding at the end the fol- (c) EFFECTIVE DATE.—The amendments sion includes such a proposed amendment in lowing new section: made by this section shall apply with respect its report, it shall also include recommenda- ‘‘REIMBURSEMENT BY POLITICAL PARTIES FOR to actions brought with respect to elections tions (and drafts) for legislation which may USE OF AIR FORCE ONE FOR POLITICAL FUND- occurring after January 2002. be implemented prior to the adoption of such RAISING proposed amendment. TITLE XII—SEVERABILITY; CONSTITU- (c) GOALS OF RECOMMENDATIONS AND LEGIS- ‘‘SEC. 328. (a) IN GENERAL.—If the Presi- TIONALITY; EFFECTIVE DATE; REGULA- LATION.—In making recommendations and dent, Vice President, or the head of any ex- TIONS preparing drafts of legislation under this sec- ecutive department (as defined in section 101 SEC. 1201. SEVERABILITY. of title 5, United States Code) uses Air Force tion, the Commission shall consider the fol- If any provision of this Act or amendment One for transportation for any travel which lowing to be its primary goals: made by this Act, or the application of a pro- includes a fundraising event for the benefit (1) Encouraging fair and open Federal elec- vision or amendment to any person or cir- of any political committee of a national po- tions which provide voters with meaningful cumstance, is held to be unconstitutional, litical party, such political committee shall information about candidates and issues. the remainder of this Act and amendments reimburse the Federal Government for the (2) Eliminating the disproportionate influ- made by this Act, and the application of the fair market value of the transportation of ence of special interest financing of Federal provisions and amendment to any person or the individual involved, based on the cost of elections. circumstance, shall not be affected by the an equivalent commercial chartered flight. (3) Creating a more equitable electoral sys- holding. tem for challengers and incumbents. ‘‘(b) AIR FORCE ONE DEFINED.—In subsection (a), the term ‘Air Force One’ means SEC. 1202. REVIEW OF CONSTITUTIONAL ISSUES. SEC. 605. TERMINATION. the airplane operated by the Air Force which An appeal may be taken directly to the Su- The Commission shall cease to exist 90 has been specially configured to carry out preme Court of the United States from any days after the date of the submission of its the mission of transporting the President.’’. final judgment, decree, or order issued by report under section 604. SEC. 902. REIMBURSEMENT FOR USE OF GOVERN- any court ruling on the constitutionality of SEC. 606. AUTHORIZATION OF APPROPRIATIONS. MENT EQUIPMENT FOR CAMPAIGN- any provision of this Act or amendment There are authorized to be appropriated to RELATED TRAVEL. made by this Act. the Commission such sums as are necessary Title III of the Federal Election Campaign SEC. 1203. EFFECTIVE DATE. to carry out its duties under this title. Act of 1971 (2 U.S.C. 431 et seq.), as amended Except as otherwise provided in this Act, TITLE VII—PROHIBITING USE OF WHITE by sections 101, 401, 505, 508, 511, and 901, is this Act and the amendments made by this HOUSE MEALS AND ACCOMMODATIONS further amended by adding at the end the Act shall take effect upon the expiration of FOR POLITICAL FUNDRAISING following new section: the 90-day period which begins on the date of the enactment of this Act. SEC. 701. PROHIBITING USE OF WHITE HOUSE ‘‘REIMBURSEMENT FOR USE OF GOVERNMENT MEALS AND ACCOMMODATIONS FOR EQUIPMENT FOR CAMPAIGN-RELATED TRAVEL SEC. 1204. REGULATIONS. POLITICAL FUNDRAISING. ‘‘SEC. 329. If a candidate for election for The Federal Election Commission shall (a) IN GENERAL.—Chapter 29 of title 18, Federal office (other than a candidate who prescribe any regulations required to carry United States Code, is amended by adding at holds Federal office) uses Federal govern- out this Act and the amendments made by the end the following new section: ment property as a means of transportation this Act not later than 45 days after the date ‘‘§ 612. Prohibiting use of meals and accom- for purposes related (in whole or in part) to of the enactment of this Act. modations at White House for political the campaign for election for such office, the The CHAIRMAN. Pursuant to section fundraising principal campaign committee of the can- 2 of House Resolution 344, the gen- didate shall reimburse the Federal govern- ‘‘(a) It shall be unlawful for any person to ment for the costs associated with providing tleman from Ohio (Mr. NEY) and a provide or offer to provide any meals or ac- the transportation.’’. Member opposed (Mr. HOYER) each will commodations at the White House in ex- TITLE X—PROHIBITING USE OF WALKING control 20 minutes. change for any money or other thing of The Chair recognizes the gentleman value, or as a reward for the provision of any AROUND MONEY money or other thing of value, in support of SEC. 1001. PROHIBITING CAMPAIGNS FROM PRO- from Ohio (Mr. NEY). any political party or the campaign for elec- VIDING CURRENCY TO INDIVIDUALS Mr. NEY. Mr. Chairman, I yield my- toral office of any candidate. FOR PURPOSES OF ENCOURAGING self such time as I may consume. ‘‘(b) Any person who violates this section TURNOUT ON DATE OF ELECTION. Mr. Chairman, I hope that this is an shall be fined under this title or imprisoned Title III of the Federal Election Campaign historic substitute today because I not more than 3 years, or both. Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101, 401, 505, 508, 511, 901, and 902, think we are going to come together; ‘‘(c) For purposes of this section, any offi- and I am sure the gentleman from Mas- cial residence or retreat of the President (in- is further amended by adding at the end the sachusetts (Mr. MEEHAN) and the gen- cluding private residential areas and the following new section: grounds of such a residence or retreat) shall ‘‘PROHIBITING USE OF CURRENCY TO PROMOTE tleman from Connecticut (Mr. SHAYS) be treated as part of the White House.’’. ELECTION DAY TURNOUT are going to stand up at this micro- (b) CLERICAL AMENDMENT.—The table of ‘‘SEC. 330. It shall be unlawful for any po- phone, I am positive, and probably em- sections for chapter 29 of title 18, United litical committee to provide currency to any brace and endorse this substitute. Now,

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.011 pfrm03 PsN: H13PT2 H386 CONGRESSIONAL RECORD — HOUSE February 13, 2002 I could be wrong, but I have a good tunity to be consistent in their voting, restriction that would stop all commu- feeling about this one. provides an opportunity to highlight nications funded with soft money, they One common refrain we have heard is the evolution in the Shays-Meehan leg- should vote for this substitute because that the Congress must pass campaign islation that was introduced last night the new Shays bill simply will not do finance reform now because it has pre- brought forth. As Members know, the it. viously passed the House by wide mar- gentleman from Connecticut (Mr. Those are just some of the biggest ex- gins. Well, the substitute I offer today SHAYS) and the gentleman from Massa- amples of the changes that have been is the bill that this House passed pre- chusetts (Mr. MEEHAN) introduced a made. Here are some others: viously. I offer it not because I think it bill very similar to H.R. 417 at the The old Shays bill did not treat is really a good bill and not because I start of this Congress. That bill, H.R. House and Senate candidates dif- particularly want to see it passed; on 380, was introduced on January 31, 2001; ferently. The new one does. The new the contrary, I think this is a bad piece but that is not the Shays-Meehan bill bill allows candidates for the Senate of legislation. I voted against it in the that they have chosen to bring to the and for the Presidency to accept $2,000 last Congress. I wish it had not passed floor today. from an individual per election, but then, and I really do not again want to Instead, on June 28, 2001, one day be- House candidates can only receive see it particularly passed today. fore my committee, the Committee on $1,000. If my colleagues think House b 1330 House Administration, was scheduled and Senate candidates should have the to mark up campaign finance legisla- same contribution limits, they should With all sincerity, I offer this today tion, they introduced a new bill, H.R. vote for the substitute because the new because I want to give Members the op- Shays bill will not do it. portunity to vote on a bill that they 2356. That is the bill that serves as the The old Shays bill did not include a previously supported which never made base text today. The substitute offered soft-money loophole that would allow a it to the President’s desk, and so Mem- today by the gentleman from Con- political party to keep any soft money bers have indicated they would like to necticut (Mr. SHAYS) and the gen- it had as long as it wanted to build a have the chance to have that vote and tleman from Massachusetts (Mr. MEE- new headquarters. The new Shays-Mee- it is a good, honest vote. HAN) that we saw for the first time last As we all know, in previous Con- night makes even further changes to han bill does. So if my colleagues do gresses Members here were able to cast their bill. not think a political party should be a vote for this legislation knowing that Members need to be aware that the able to use money to build a new head- it would never become law. They could bill they are being asked to vote on quarters, vote for the substitute. vote for it here knowing that it would today is not the same bill that they The old Shays bill required publicly not get past the other body or it would supported previously in the 106th Con- funded candidates to certify that no not be signed by the President. We all gress. For example, this amendment, soft money was raised to benefit their knew that was the game plan in some the old Shays bill, banned soft money. candidacies. The new Shays bill simply cases. Things are a little different this The new bill simply does not ban all does not do it. year. soft money. We have talked about the The old Shays-Meehan bill banned The Senate has already passed a loophole we can drive a truck through. the use of the White House for political version of campaign finance reform. In this substitute, which the gen- fund-raising. The new Shays-Meehan The President has given no indication tleman from Connecticut (Mr. SHAYS) bill simply does not do it. that he intends to veto a bill that and the gentleman from Massachusetts The list goes on and on and on. It is would reach his desk. So unlike pre- (Mr. MEEHAN) previously supported, obvious that the bill on the floor vious votes, today’s vote really does soft-money contributions to the polit- today, though it bears the name Shays- matter. We are not playing games any- ical parties for Federal election activi- Meehan label, is not the old Shays- more. As some have said, we are now ties were banned. In the new version, Meehan bill. While the gentleman from shooting with real bullets. today’s version, there is no ban. State Connecticut (Mr. SHAYS) and the gen- The legislation that passes this and local parties are permitted to re- tleman from Massachusetts (Mr. MEE- House is very likely to reach the Presi- ceive soft-money contributions from HAN) do not want to give Members the dent’s desk and to become law. Given unions and corporations. So if my col- opportunity to vote on the provisions, I that, I think it is important to give leagues want to ban soft money and think we can give them the oppor- Members the opportunity to enact leg- they voted previously to do so, they tunity to vote on the substitute. islation that they previously supported should vote for this substitute because Some will say that offering this on this floor, and so I offer as my sub- the new Shays bill simply will not do amendment as a substitute is anti-re- stitute the language of H.R. 417, the it. form now. Was not then, it is now. Shays-Meehan legislation which passed In the old Shays bill issue ads were That argument simply amazes me, in the 106th Congress by a vote of 252 to banned 365 days a year. In the new frankly, Mr. Chairman. Somebody will 177. Shays-Meehan bill, they are banned for make a good case to prove me wrong, I I would like to say that this sub- only 90 days, meaning that under the am sure, in a couple of minutes. I have stitute is exactly the same bill that new Shays bill unions and corporations faith in my colleagues. was passed in the previous Congress. can use soft money to run attack ads I am sure that if my colleagues went Unfortunately, the bill has changed so 275 days a year. If my colleagues want back and looked at all the newspaper much it is no longer germane to the to ban issue ads funded with soft editorials that were urging Members to Shays-Meehan bill on the floor today, money, they should vote for this sub- vote for the substitute at the time it and that is due to the constantly evolv- stitute because the new Shays bill sim- was offered in the last Congress my ing product that we are dealing with. ply will not do it. colleagues will see that Members were Let me repeat that because I think In the old Shays bill, soft money told that if they did not vote for H.R. Members need to realize this. The could be used for any form of election- 417 they were against reform. Now with Shays-Meehan bill that is on the floor related communication, meaning they essentially the same bill being offered today is so different from the one we could not use soft money for television today through this substitute, we will passed in the previous Congress that ad and newspaper ad or a pamphlet. In hear that to vote for it is to be against the bill is not even germane to the new the new Shays bill, the only form of reform. It is surreal. It is Alice in Won- Shays-Meehan bill. communication that cannot be funded derland. Accordingly, some changes have been with soft money are broadcast ads run I look forward to the vote on this necessary for this substitute to be in during the 60 days before an election or substitute. I plan to vote against it be- order, some sections had to be strick- the 30 days before a primary. Meaning, cause I think it is a bad bill. New en. In essence, however, the substitute under the new Shays-Meehan bill, Shays, old Shays, I think they are all is the Shays-Meehan bill that passed groups can continue to use an unlim- kind of a little bit bad, need a little bit previously. ited amount of unregulated money on of correction, little bit of work, which Offering this as an amendment, in ad- mass mailings, phone banks and push we an do together if we pass a couple of dition to giving Members an oppor- polls. If my colleagues want an issue-ad good amendments, keep it going; but I

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.064 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H387 look forward to seeing how Members of Congress, we have a responsibility to soft money to continue to be part of vote on it today. strengthen our democracy by significantly re- the process. It is so full of loopholes Mr. Chairman, I reserve the balance ducing the influence of money. Recent scan- that independent advocacy attack ads of my time. dals have proven, beyond the shadow of a are prohibited on electronic media, Mr. HOYER. Mr. Chairman, I ask doubt, that corporate wrongdoers can buy ac- they are prohibited from spending unanimous consent that the gentleman cess and influence in Washington at the ex- money to advocate a position up until from Connecticut (Mr. SHAYS) and the pense of regular working men and women. the election on TV or radio; but they gentleman from Massachusetts (Mr. The bill would close two large loopholes in can still buy full page ads in the New MEEHAN) may each control 5 minutes of the law that contribute to the corruption of our York Times, The Washington Post, the time allocated to me and that they political system. One loophole is so-called U.S.A Today, and all the other print may yield time. ‘‘soft money’’ contributions, which are unregu- media. The question is why does the The CHAIRMAN. Is there objection lated and unlimited contributions from wealthy print media get that loophole and not to the request of the gentleman from special interest groups. Another major loop- electronic, television, or radio? It is a Maryland? hole deals with ‘‘independent’’ issue advertise- good question. Something we want to There was no objection. ments, which allow special interests to seek to ask. Mr. HOYER. Mr. Chairman, I yield 1 influence the outcome of an election campaign I also wonder why they changed the minute to the gentleman from Mary- by spending large sums of money on adver- effective date. We were urged in this land (Mr. CARDIN), the distinguished tising campaigns. Currently, these ads which House to move quickly, we have got to former speaker of the Maryland House, are clearly aimed at influencing an election act quickly, got to do it now, we need member of the Committee on Ways and can be worded in a way that they are deemed to have a discharge petition, we got to Means and my good friend. issue advocacy and are not subject to cam- do it now so it affects the next elec- Mr. CARDIN. Mr. Chairman, I was paign spending limits or disclosure require- tion. The bill comes to the floor and listening to my friend, the gentleman ments. last night they changed the bill so it is from Ohio (Mr. NEY), explain the rea- Other major changes to our campaign fi- not effective until after the election. sons why he submitted the amendment nancing system proposed in the bill would re- So what is the hurry, huh? Maybe it or substitute, and I think it is a good quire Federal Election Commission (FEC) re- could matter. reason to vote against it. We are in ports on candidate fund-raising and expendi- The other thing that really to me is agreement. tures to be filed electronically, and provide what is something that really shows Let me try to simplify it. If my col- Internet posting of this and other disclosure the lack of principle in the current leagues are for reform, if they want to data. The FEC would be required to post such Shays-Meehan is if we read the bill on try to start down the path to restore information within 48 hours of filing. The bill page 78 and 79 which points out that confidence in our system, where the would also change from quarterly to monthly under the current version of Shays- public will believe that special interest the filing requirements for candidates in elec- Meehan, which goes into effect the day dollars are not going to have more in- tion years, ensuring more timely information after the election, that they can bor- fluence but less influence on what we for the voting public on their candidates for row hard money which according to the do in this body, if my colleagues want election. In addition, the bill would provide for advocates of Shays-Meehan is good to move down that path, then they expedited and more effective FEC procedures, money, borrow hard money from a have to put some of their own personal which would give the FEC greater enforce- local bank or some form of financial views aside. There is only one oppor- ment authority and ability to crack down on institution, but after the election they tunity in this Congress to get it done violators of our campaign finance laws. The can use soft money to pay it back. and that is to vote against the Ney sub- FEC, under the bill, would also serve as an in- Hmm. Think about that principle. stitute, to vote for the Shays-Meehan formation clearinghouse that would provide Take the Democratic Congressional bill and McCain-Feingold. That is easy access to citizens and the media to lob- Committee, $40 million in their build- going to be the only opportunity we bying reports, reports filed under the Foreign ing account. They can use that $40 mil- are going to have. Agents Registration Act, Congressional wit- lion as collateral to borrow millions in So, yes, each of us could try to craft ness lists and gift disclosures. hard money and continue to solicit soft Mr. Chairman, the time has come for us to a bill that we think is best, or we could money up until the election. When the start to restore the confidence of the American try to understand the explanation of election is over with, pay off that hard people in our democratic system by reducing the gentleman from Ohio (Mr. NEY) as money loan with soft money. Hmm, so the influence of special interest money. We to why he is offering his amendment, much about principle. have the opportunity to do just that today by which I have a hard time following; or I realize there is a lot of good inten- supporting the Bipartisan Campaign Reform we can vote for the only bill that is tions by those who may want to vote going to have a chance of being signed Act. Mr. NEY. Mr. Chairman, I yield 15 for Shays-Meehan. It is not the same that will reduce special interest dol- seconds to myself. bill. It is no longer based on principle. lars, soft money, that will close loop- As I understand it, now it is a bad It has become a sham, and I urge a no holes in the law. I urge my colleagues bill; it is not a reform bill. It was good vote on Shays-Meehan. to reject Ney and support the Shays- then; it is not good now. I am still a Mr. SHAYS. Mr. Chairman, I yield 1 Meehan bill. little puzzled, I guess, Mr. Chairman. minute to myself to correct the Mr. Chairman, I rise today in strong support Mr. Chairman, I yield 3 minutes to ‘‘hmm’’ of my colleague, who basically of H.R. 2356, the Bipartisan Campaign Reform the gentleman from Illinois (Mr. said something that simply was not ac- Act, sponsored by Mr. SHAYS and Mr. MEE- WELLER), my friend. curate. They cannot use soft money to HAN, and by Senator MCCAIN and Senator (Mr. WELLER asked and was given pay off a hard-money debt. That is sim- FEINGOLD. I am an original co-sponsor of this permission to revise and extend his re- ply not true. important legislation, and I urge members of marks.) This bill is different. Our bill is dif- the House to defeat the proposed substitutes Mr. WELLER. Mr. Chairman, I rise in ferent than it was because a funny to Shays-Meehan, as well as those amend- support of the Ney substitute based on thing happened. The Senate got to look ments designed to derail the bill and prevent the principles that were articulated by at our bill and they made some meaningful campaign finance reform legisla- the sponsors of this legislation in the changes. They added the Levin amend- tion from being enacted into law. last Congress who claimed at the time ment, which allows soft money, no Special interest campaign contributions rep- that the original version of Shays-Mee- more than $10,000 if a State allows it, resent a serious threat to public confidence in han was based on principle. If my col- not for Federal elections, and it cannot our government. The amount of money con- leagues take time to read the latest be used for any campaigns. That is tributed to candidates for Congress and Presi- version of Shays-Meehan, they see that what they do. So the Levin amendment dent calls into question the independence of it has abandoned principle. What is the makes our bill different. our elected officials to make judgments in the basic premises for Shays-Meehan? Ban- Then we have the Snow-Jeffords public interest. As the level of spending in ning that evil thing called soft money. amendment in the Senate which says campaigns has continued to rise, those con- Shays-Meehan is so full of loopholes 60 days to an election. So that is why, cerns have grown more serious. As members today that it allows for $60 million in in fact, the bill is different. The bill is

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.066 pfrm03 PsN: H13PT2 H388 CONGRESSIONAL RECORD — HOUSE February 13, 2002 different because the Senate changed bill with him over the last year, that Mr. MEEHAN. Mr. Chairman, I ask it, and we want a bill similar to what when it came time to put in a sub- unanimous consent to yield the bal- the Senate has done. stitute, we did not get the Ney bill. I ance of my time to the gentleman from Mr. NEY. Mr. Chairman, I yield 15 was looking forward to that. Tennessee (Mr. FORD), and ask further seconds to myself. The letter I referred to earlier is that he be allowed to control that So it is okay for the Senate to make hereby inserted for the RECORD. time. some changes and we can accept that CENTER FOR RESPONSIVE POLITICS, The CHAIRMAN. Is there objection and morph the original bill 252 people Washington, DC, February 13, 2002. to the request of the gentleman from voted for and get to the point we are at Hon. CHRISTOPHER SHAYS, Massachusetts? today, but it is not okay to take some Longworth Building, There was no objection. Washington, DC. type of an amendment, which there are DEAR CONGRESSMAN SHAYS: This is in re- Mr. NEY. Mr. Chairman, I yield my- good amendments, today from the floor sponse to your question regarding whether a self 1 minute. of this House and introduce them. So national committee of a political party can Before my colleague leaves the floor, the Senate has the sacred hand or use soft money to pay off a debt or obliga- I want to rekindle his faith in our sys- something in this? tion that was used to fund expenditures that tem, because there is a Ney-Wynn Mr. Chairman, I yield 30 seconds to must be paid for with hard money. It is clear amendment coming. So the gentleman the gentleman from Illinois (Mr. under federal election law that only hard will have that chance, the whole bill money can be used to pay off a loan that was we debated, the gentleman is going to WELLER). used for hard money expenditures. I see Mr. WELLER. Mr. Chairman, I thank nothing in Section 402(b)(1) of the Shays- have that chance to vote, and I just the gentleman from Ohio (Mr. NEY) for Meehan Substitute Amendment that would wanted to reassure him of that. yielding me the time. supersede current federal law. Under Section Mr. MEEHAN. Mr. Chairman, will Let me read the language of the bill, 402(b)(1), soft money funds on hand after the the gentleman yield? and I urge everyone to take time to election could only be used to pay off debts Mr. NEY. I yield to the gentleman read the language of the bill. Page 79, or obligations used for soft money expendi- from Massachusetts. line 12: ‘‘Prior to January 1, 2003, the tures. Mr. MEEHAN. Mr. Chairman, I was If you have any other questions, please do just disappointed that it was not a subcommittee may spend such funds to re- not hesitate to contact me. tire outstanding debts or obligations Sincerely, stitute. incurred prior to such effective date so LARRY NOBLE, Mr. NEY. I just did not want the gen- long as such debts or obligations were Executive Director and General Counsel. tleman to leave without being rekin- incurred solely in connection with an Mr. MEEHAN. Mr. Chairman, I yield dled. election held on or before November 5, 11⁄2 minutes to the independent gen- Mr. MEEHAN. I thank the gen- 2002, or any run-off election or recount tleman from Vermont (Mr. SANDERS). tleman. resulting in such an election.’’ Mr. SANDERS. Mr. Chairman, I Mr. NEY. Mr. Chairman, reclaiming If my colleagues read the bill, they thank the gentleman for yielding me my time, I think a lot of issues that do can borrow hard money and pay it back this time. or do not pass here are debated, obvi- with soft money. Lack of principle. The current campaign finance system ously, on their merits, whether it is Mr. SHAYS. Mr. Chairman, I yield 30 is a disaster, and it is an embarrass- prescription drugs or health care or So- seconds to myself to just say my col- ment to American democracy. Shays- cial Security. And when we start to leagues have to read the bill and know Meehan is not going to solve all the talk about the money in the system the law. The law makes it illegal to use problems. It is not going to do away and the influence, this bill is not going soft money for a hard-money expendi- with all of the influence that corporate to change that. ture. America and the big money interests Wealthy individuals, in my opinion, The purpose of this is if they in- have over the political process and the are still going to be in the system, un- curred a soft-money expenditure before enormous degree to which they can regulated, to do as they want with ad- the election day and the person wants control the agenda that Congress de- vocacy. But groups that are pushing, to get paid afterwards, they get paid up bates. for example, for prescription drugs, to the date of January. A soft-money But, Mr. Chairman, if anyone wants their voices will be silenced, in the expense for a soft-money expenditure, a to know why Congress in its wisdom Shays-Meehan approach, in the last 60 hard-money expense for a hard-money passes a tax law that provides hundreds days if they want to go to the radio ads expenditure; but one does not always of billions of dollars in tax breaks to or they want to go to the TV ads. I do pay the bill before the expense. the richest 1 percent, but is somehow not think that is a level playing field, Mr. MEEHAN. Mr. Chairman, I yield unable to raise the minimum wage, letting one or two wealthy individuals 45 seconds to myself. look at campaign finance and the huge in this country push around the advo- In addition to that, Larry Noble, the amounts of money that corporate cacy as they please. Maybe they will executive director/general counsel of America spends and the $25,000-a-plate want to stop prescription drugs, per- the Center for Responsive Politics, the dinners that they hold. haps help prescription drugs, but, on former general counsel of the Federal If anyone wants to know why pre- the other hand, a lot of people who will Elections Commission, clearly states scription drug costs in this country are advocate for a lot of good things for in this letter that I will again have by far the highest in the world, and Americans, their voices will be si- added to the RECORD: ‘‘It is clear under why Congress year after year is unable lenced. Federal election law that only hard to pass prescription drug reform to pro- Mr. FORD. Mr. Chairman, how much money can be used to pay off a loan tect the elderly and the sick, under- time do I have remaining? that was used for hard money expendi- stand the tens of millions of dollars The CHAIRMAN. The gentleman has tures. that the pharmaceutical industry 23⁄4 minutes. pours into the United States Congress Mr. HOYER. Mr. Chairman, I yield 1 1345 b and into the White House. minute to the gentleman from Wis- There is nothing in the Shays-Mee- If anyone wants to understand why consin (Mr. KIND). han Substitute that would supersede we are the only country in the world (Mr. KIND asked and was given per- the current Federal law. Under this without a national health care system mission to revise and extend his re- section, soft money funds on hand after and why the cost of health care is marks.) the election could only be used to pay twice as much per person in this coun- Mr. KIND. Mr. Chairman, I rise today off debts or obligations used for soft try than in any other Nation, look at in strong support of the Shays-Meehan money expenditures. That is the law. what the insurance industry spends bill and in opposition to the Ney sub- One of the great things I have really trying to get their way against the will stitute. enjoyed is working with my colleague, of the American people. When I entered Congress back in 1997, the gentleman from Ohio (Mr. NEY), on Mr. Chairman, the time is now to end Mr. Chairman, one of the first things I campaign finance reform. I was just so big money influence. Let us pass this did was help organize a bipartisan disappointed, after debating the Ney bill. freshman campaign finance reform

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.068 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H389 task force. Even as political neophytes sioned and have been calling out for re- that they cannot have the ability to go in this institution, we knew then what form for years, only to discover their out and recruit candidates and talk to is true today, that the political system collective voices have fallen on the voters and send out mailings and, yes, was awash with money; that there were deaf ears of the leadership of this give contributions to candidates who too many powerful special interest House. proudly wear their party label? I groups dominating the agenda in Wash- Since my constituents sent me here thought that was what political parties ington; and that it was wrong and it as their representative, as their voice, were all about. needed to change. hundreds upon hundreds have con- Under this legislation, under the un- The legislation we came up with tacted me regarding this very issue: derlying legislation, the Shays-Meehan called for a ban on the unregulated, un- campaign finance reform. They want bill, we treat political parties like they limited, soft money contributions. public servants who are beholden to are another special interest. Just the That is consistent with the Shays-Mee- the voters of their district, not to spe- contrary. Our political parties rep- han bill before us today, soft money, by cial interest groups and their soft resent the ideals that we both share as the way, that reached the level of $500 money contributions. They want policy Republicans and Democrats. million in the last election alone. Un- and laws drafted by those acting in the If the Republican Party in Ohio fortunately, I believe the Ney sub- public interest, not those carrying thought it was important enough that stitute today is just a cynical ploy to water for narrow private special inter- I get reelected, why should they not be try to get a bill, or any bill, that is dif- ests. able to contribute any amount of ferent from the Senate, passed so the No comments were more compelling money they want to my campaign? opponents of reform can kill it in the than the one young author from Wis- After all, their job is to recruit and conference committee. consin who contacted me regarding find candidates to fill public offices. They are not the only ones who have Shays-Meehan. As a young voter, he That is what they do. So we are going been very cynical about finance re- said, ‘‘I am encouraged by the possi- to say to them, oh, this is terrible, you form. The American people have been bility that this bill will be one nec- cannot take soft money, you cannot be cynical, too, and not because they do essary step. People will again trust involved in contributing to candidates’ not believe there is too much money or their government. There is nothing races because you would be unduly in- too much influence of money in the po- more important to our democracy.’’ fluencing the donees. I am sorry, but I litical system, but they do not believe We must pass this bill. just do not accept that. Congress will do anything about it. Mr. NEY. Mr. Chairman, I yield 4 I also do not accept the fact that we The day of reckoning has arrived minutes to the gentleman from Ohio are going to give the media total con- today, and I urge my colleagues to sup- (Mr. OXLEY), chairman of the Com- trol of the airwaves and the newspapers port real finance reform, the Shays- mittee on Financial Services. the ability to influence voters when, in Meehan bill, and vote ‘‘no’’ on the Ney (Mr. OXLEY asked and was given fact, other groups who have maybe the substitute. permission to revise and extend his re- same first amendment rights, I would Mr. HOYER. Mr. Chairman, I yield 1 marks.) like to think have the same first minute to the gentleman from Penn- Mr. OXLEY. Mr. Chairman, I thank amendment rights, are going to be con- sylvania (Mr. HOEFFEL). the gentleman for yielding me this stricted in what they are able to spend Mr. HOEFFEL. Mr. Chairman, I time, and let me first pay tribute to and what they are able to say. So the thank the gentleman for yielding me my good friend and colleague from the media says to us, you need to clean up this time, and I rise in opposition to Buckeye State, the gentleman from the system. Oh, by the way, we want to the Ney substitute, because it is clear- Ohio (Mr. NEY). He has done this body make sure that we get top dollar for ly designed to send campaign reform to enormous service in his chairmanship our ads that we run during the polit- conference where it will die. I rise in and his leadership on this important ical season, but at the same time we full support of the Shays-Meehan un- issue of campaign finance reform. want to be able to control the dis- derlying bill. Let us make no mistake about where course. It is time that we get soft money out we are today. A vote for the Ney sub- So the first amendment applies to of Federal elections. It is time that we stitute is really a vote about campaign the newspapers, it applies to The New control the sham issue ads. In fact, Mr. finance reform. It addresses the real York Times, it applies to the networks, Chairman, it is time for a lot more re- issues underlying what we are here for but it does not apply to political dis- form. This is only one good step for- today, and I want to pay particular course by organized groups. What a ward into cleaning up our Federal elec- tribute to him. He has been steadfast shame that is. tions. and consistent, unlike the sponsors of Let us support the Ney substitute We should consider other steps that the original bill that was introduced, and get on with the business. would limit the corrupting influence of which has changed so many times I Mr. HOYER. Mr. Chairman, I yield 1 private money on public campaigns. cannot keep track of it. But I wish to minute to the distinguished gentleman We should consider a measure of public say to the gentleman from Ohio (Mr. from Washington State (Mr. INSLEE). financing for congressional elections, NEY) and to the gentleman from Mary- (Mr. INSLEE asked and was given as we do for Presidential elections. We land (Mr. WYNN) that they have re- permission to revise and extend his re- should consider ways to raise the dis- mained consistent throughout. marks.) course and stop the negative ads, and I have been concerned that our ap- Mr. INSLEE. Mr. Chairman, an hour do other things to clean up our system proach to campaign finance reform, ago a woman named Marilyn Robinson and restore a sense to the democratic driven by, I think, some well-meaning testified over in the Rayburn Building. process that it belongs to the people, reformers and also some folks that She told the story about her 18-year- not the big donors, and restore a sense may have a special interest, that we old son Liam Wood, who was killed in that it matters what we say in cam- are punishing the political parties in the explosion of a gasoline pipeline. paigns and what people do in cam- our attempt to clean up the system. Two hundred thousand gallons of gaso- paigns. The political parties are really the es- line were released and exploded, incin- I oppose the substitute and support sence of our system here. Nothing in erating two young children and killing Shays-Meehan. the Constitution talks about political her son. Mr. FORD. Mr. Chairman, I yield 1 parties. Political parties developed as minute to the distinguished gentle- part of our democracy, and they have b 1400 woman from Wisconsin (Ms. BALDWIN), been a critical part of our democracy. The reason her son died in part was my friend. Why would we want to take power, because this institution did not pass Ms. BALDWIN. Mr. Chairman, I rise influence, and ability away from a po- any meaningful laws to make sure gas- in strong support of the Shays-Meehan litical party and give it to special in- oline pipelines do not explode. The rea- substitute and against the Ney sub- terests or to the media? I just do not son this institution failed in that duty stitute before us. Americans in my dis- understand that. Why would we want is in part because we are shackled by trict and across the Nation are disillu- to say to the Republican Party in Ohio special interest money. I am here to

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.072 pfrm03 PsN: H13PT2 H390 CONGRESSIONAL RECORD — HOUSE February 13, 2002 say for the spirit of Ms. Wood and try to do this in terms of what the in- tions’’ that were incurred in connection with those who can potentially be victims of terpretations are. the 2002 elections. It fails to differentiate be- this continued slavery to special inter- I have also looked at Trevor Potter’s tween federal debt and non-federal debt. This est money, that we should bury this Web site, the Campaign Finance Insti- is not consistent with the current regulations that specifically require hard debt to cynical amendment that throughout tute, and although they are saying one be paid with hard dollars. Moreover, the lan- history has stopped any campaign fi- thing to Members, their own Web site guage explicitly references ‘‘debts or obliga- nance reform. We should bury it today states that new transition rules in the tions incurred . . . solely in connection with so that others may live. Shays-Meehan substitute provides that an election’’—this appears to mean hard dol- Mr. NEY. Mr. Chairman, I yield my- through the end of 2002 the national lar debt. self such time as I may consume. parties may spend excess soft money to The lack of specificity in the language Mr. Chairman, this is not a cynical pay off any outstanding debts. Spon- means that a portion of hard dollar debt or substitute. This is Shays-Meehan that sors and opponents of the bill dispute obligations could be paid for with soft money. Any legal test of this provision 252 people voted for and said that this whether the provisions would allow would take many years under the FEC en- is the only measure. This is what was soft money to be used to pay off hard forcement process. (Also note that Title I of going to go to the desk of President money debts. We seem to have that dis- H.R. 2356, new language would be added at Bush. This is not something that I cre- agreement today. But he notes on the section 323(b)(2)(A) specifying that state par- ated last night. This is the bill. Web site that the text provides that ties must expend funds ‘‘to the extent the Mr. Chairman, I yield 3 minutes to soft money could be used to retire out- amounts expended or disbursed for such ac- the gentleman from Virginia (Mr. TOM standing debts incurred solely in con- tivity are allocated (under regulations prescribed by the Commission) among amounts DAVIS). nection with an election. That means (Mr. TOM DAVIS of Virginia asked . . . .’’) hard dollars. That is what it means As a practical matter, the plain wording of and was given permission to revise and under the law. It does not make any the proposed language would allow a na- extend his remarks.) reference to contributions or expendi- tional party committee to borrow hard dol- Mr. TOM DAVIS of Virginia. Mr. tures, i.e. hard money, or non-Federal lars, spend those dollars in the upcoming Chairman, I know that feelings are joint or allocated activities which in- election, and then use the remaining soft strong on both sides. clude soft money. dollars to repay the debt. Moreover, such a I want to shed light on the issue I do not question the motives of the hard dollar loan could be secured with non- about the soft-money loophole in the other side, but when we come up with federal dollars as collateral, particularly the Shays-Meehan substitute this after- funds in the building fund. amendments drafted in the dead of The provision also permits a flood of spe- noon. night, submitted the evening before, cial interest soft money to the national We have heard about a letter from drafting errors occur. I think that we party committees to finance new elaborate Larry Noble, who is no longer associ- have that there. I urge support of Ney- and fancy headquarters. This loophole con- ated with the Federal Election Com- Wynn and defeat of the Shays-Meehan tinues to provide a home for large, unlim- mission. At one point he was general substitute. ited, soft money dollars at the national counsel. He is now associated with the The memorandum previously re- party committees. Center for Responsive Politics, and I ferred to is as follows: Mr. HOYER. Mr. Chairman, I yield 1 think we understand where that opin- PATTON BOGGS LLP, minute to the gentleman from New ion comes from. Mr. Noble has a long Washington, DC, February 13, 2002. Jersey (Mr. PASCRELL). history of losing cases at the FEC, the Re Shays-Meehan Effective Date. Mr. PASCRELL. Mr. Chairman, list of cases he has lost being far larger The proposed Shays-Meehan effective date America, America, the witching hour is than the cases he has won. In fact, one language (section 402) provides that: upon campaign finance reform. Please case he litigated, the Christian Action (a) IN GENERAL.—Except as otherwise pro- pay close attention to how we Members Network, which is in my home fourth vided in section 308 and subsection (b), this of Congress vote. Everyone claims to district, he not only lost it, the FEC Act and the amendments made by this Act be doing the right thing. Everyone shall take effect November 6, 2002. was faced with fees and sanctions that (b) TRANSITION RULE FOR SPENDING OF seems to be saying they support re- were imposed against the FEC. We be- FUNDS BY NATIONAL PARTIES.—If a national form. But make no mistake about it, lieve his letter is erroneous. It has committee of a political party described in there is only one bill here that creates nothing to do with the current FEC, section 323(a)(1) of the Federal Election Cam- real reform for our Nation’s campaign which is not addressing this. paign Act of 1971 (as added by section 101(a)), finance laws while passing the Senate, Mr. Chairman, I have a memorandum including any person who is subject to such and that is Shays-Meehan. section, has received funds described in such that I will include for the RECORD from Our political system has gone bad section prior to the effective date described Patton Boggs that basically says in in subsection (a), the following rules shall mad. In the 2000 election, candidates contrast to current law, the proposed apply with respect to the spending of such spent more than $4 billion, a 50 percent language in the Shays-Meehan sub- funds by such committee: increase since 1996. That is obscene. stitute would allow a national party (1) Prior to January 1, 2003, the committee Who is giving all of this money to the committee to pay any debt with soft may spend such funds to retire outstanding parties? Is it the little guy? No. Not non-Federal dollars in the period from debts or obligations incurred prior to such even the medium guy. Instead, there November 5, 2002 to January 1, 2003. effective date, so long as such debts or obli- are big donations from big corpora- Specifically, it could be used to retire gations were incurred solely in connection tions. Obviously Enron, which has with an election held on or before November outstanding debts or obligations that 5, 2002 (or any runoff election or recount re- given almost $6 million to Federal can- were incurred with the 2002 elections. sulting from such an election). didates, $3.5 million of that $6 million This is not consistent with the cur- (2) At any time after such effective date, was soft money. Did they know what rent regulations. This would be illegal the committee may spend such funds for ac- they were doing? This is not misin- under current law, which would not tivities which are solely to defray the costs formation. If Members want to talk allow us to borrow hard dollars and pay of the construction or purchase of any office about a Web site, go on their Web site them off with soft dollars. This would building or facility. and see their numbers. The Federal Election Campaign Act and allow building-fund dollars which now current Federal Election Commission regula- Mr. SHAYS. Mr. Chairman, I yield 2 are limited to building funds to basi- tions require federal expenses (including fed- minutes to the gentleman from Penn- cally repay hard-dollar obligations eral debts) to be paid out of the federal ac- sylvania (Mr. GREENWOOD). that were barred; and under the build- count. See, e.g., 11 C.F.R. § 102.5. Moreover, Mr. GREENWOOD. Mr. Chairman, I ing-fund loophole that we find later in the regulations also require allocations be- oppose the Ney substitute because I be- the legislation, that could be replen- tween federal and non-federal activities. 11 lieve it and the amendment thereto to ished later down the road with soft dol- C.F.R. § 106.5. follow will kill our crusade against soft In contrast to current law, the proposed money, and our crusade against soft lars. That is under the language. language would allow a national party com- I am hard pressed to understand the mittee to pay any debt with soft, non-federal money has to win if our democracy is arguments from the other side unless dollars in the period from November 5, 2002 to prevail. their committees can come forward to January 1, 2003. Specifically, it could be There are those who say that soft and make it clear that they would not used to ‘‘retire outstanding debts or obliga- money, corporate money, labor money

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.075 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H391 is really about philosophy. It is not which undermines consumers’ eco- reform? It seems to be the desire to about corruption. It is about how these nomic interests. Let my people go. protect the status quo at any cost by organizations support the parties of Corporate campaign cash buys higher any argument no matter how specious. their choice with their dollars. electric rates. Let my people go. Mr. Chairman, we have a shameful For the last 2 months I have spent Corporate campaign cash buys a voter-participation record in this coun- most of my time investigating the higher rate of prescription drugs. Let try. We have a political system that is Enron scandal. Just to give an example my people go. not trusted by the people it governs. of what Enron did to further its philos- Corporate campaign cash bought fast Enough is enough. It is time to end the ophy, in March of 2000 it gave $50,000 to track which cost Americans millions of cynical games, both political and par- the Democratic National Committee. jobs. Let my people go. liamentary, that perpetuate this sys- The next month in April it gave $75,000 Corporate campaign cash wants to tem. It is time to defeat the substitute, to the Republican National Committee. buy the privatization of Social Secu- pass Shays-Meehan and finally, finally, In May it gave $50,000 to the Demo- rity. Let my people go. pass campaign finance reform. cratic National Committee. In June it Mr. Chairman, freedom is on the line Mr. HOYER. Mr. Chairman, I yield 1 gave $50,000 to the Republican National today. Free this Congress. Free this minute to the gentlewoman from Or- Committee. And the day before that, it system. Free democracy from the yoke egon (Ms. HOOLEY). had given $50,000 to the Democratic of corporate control. Let my people go. Ms. HOOLEY of Oregon. Mr. Chair- Senatorial Committee. Pass the Shays-Meehan substitute. man, hopefully today will be a day Mr. Chairman, this is not about phi- Mr. HOYER. Mr. Chairman, I yield where the American public wins. Five losophy, this is about access and influ- such time as she may consume to the years ago as a freshman class presi- ence; and it corrupts our process. If a gentlewoman from Missouri (Ms. dent, I joined new Members of the 105th Congress view this institution and the Member of this body went to Enron and MCCARTHY). way they view the White House. called them on the phone and said, I (Ms. MCCARTHY of Missouri asked would like a check for $50,000 or cash We pledged that no matter what or and was given permission to revise and how tough the going got, we would for $50,000, that Member would go to extend her remarks.) jail for corruption as he or she should. clean up the way elections are run. We Ms. MCCARTHY of Missouri. Mr. knew that massive amounts of unregu- If Enron Corporation gave $50,000 to Chairman, I commend the gentleman one of our congressional campaigns, we lated money have a corrosive influence from Ohio (Mr. NEY) with regard to his on our political process. In fact, un- would go to jail, as we should, because work on election reform which was that is corrupt. But somehow if the regulated soft-money giving has in- very bipartisan and passed this House creased by 137 percent since we made same Member of Congress goes over to nearly unanimously. That is why I am our pledge. the Democratic Committee or Repub- troubled today with having him stand lican Committee and picks up the up and present a bill for our support b 1415 phone and says, I need a check for that he opposes personally, and opposes And so here we are, on the verge of fi- $50,000 for my party so we can get our the bill we all seek, which has bipar- nally doing something about it by pass- people elected, that is not corruption? tisan support and will genuinely re- ing campaign finance reform. But if we The American people know that is cor- form our campaign laws. do not pass a clean version of the ruption. It does corrupt the process. To reform election laws and cam- Shays-Meehan bill, the campaign fi- I have listened to my colleagues on paign laws in the same session would nance reform obstructionists will once both sides of the aisle lament that enforce in people’s mind that we have again rest easy, knowing that the will without these dollars they cannot get indeed our process up here and restored of the public will be subverted by spe- reelected. I remember on Take Your integrity to our election system. The cial interests, only this time in con- Daughter to Work Day a few years ago confidence of the American people is at ference committee. It is time we kept I brought my 12-year-old daughter stake, and we deserve to serve them as our promise. down, and at a Republican National we have in the past and continue to do I urge my colleagues to join me in Committee function we were talking so today. voting ‘‘no’’ on the Ney substitute as about the money we had to raise and Mr. Chairman, Shays-Meehan legisla- well as any poison pill amendments how costly it was going to be, and she tion will rein in that soft money and that will be considered. Mr. HOYER. Mr. Chairman, I yield 1 tapped me on the shoulder and whis- the deceptive ads that frustrate and minute to the distinguished gentleman pered into my ear, and she said, ‘‘Ev- confuse and also undermine the elec- erybody should just do what is right, from New York (Mr. ISRAEL). tion system; and it will provide the and if you do what is right, the people Mr. ISRAEL. Mr. Chairman, I rise American public with important infor- will elect you.’’ against this substitute. I am one of Mr. Chairman, Members should do mation on which individuals or organi- those Members who has been working what is really right and vote for Shays- zations are trying to influence their on a bipartisan basis to strengthen Meehan. vote. I urge adoption of Shays-Meehan Medicare and provide affordable pre- Mr. HOYER. Mr. Chairman, I yield 1 and oppose the Ney substitute. scription drugs to seniors. I know that 1 minute to the gentleman from Ohio Mr. FORD. Mr. Chairman, I yield 1 ⁄4 this fall as sure as the leaves turn, I (Mr. KUCINICH), a former mayor of minutes to the gentlewoman from will turn on my television and there is Cleveland and an outstanding reformer Michigan (Ms. RIVERS). going to be some phony ad, backed by in our body. Ms. RIVERS. Mr. Chairman, as I lis- soft money, by some innocent-sounding Mr. KUCINICH. Mr. Chairman, it is ten to this debate and as I have lis- group masking a special interest, time for this Congress to rescue and se- tened to it over the years, we have drowning out the real voices of real cure democracy from the soft-money been here before on this, I am reminded people and real seniors. It is enough. slavery of special interests and the of the legendary creature, the hydra. I have heard the debate on both sides clutches of the best-government- The hydra, if one of its heads was cut of the aisle on who Shays-Meehan real- money-can-buy. We must stand here on off, it would grow two more. That is ly helps and who it hurts. There are the highest hill in the land and tell the way the arguments against Shays- some Democrats who say that Shays- corporate interests, which give hun- Meehan seem to be. How many argu- Meehan will really help the Repub- dreds of millions in soft-money con- ments do we have to hear? How many licans, and there are some Republicans tributions who hold this government times do we have to endure this? who say that Shays-Meehan will really hostage, let my people go. Today we hear that the bill that help the Democrats. Mr. Chairman, Finance and credit card companies would not be supported 3 months ago is how about helping the American peo- gave $9 million in corporate campaign now the bill that should be embraced ple? How about putting them ahead of cash, and ordinary people ended up today. And then after arguing that, politics for once in this House? That is with higher rates of foreclosure. Let they suggest that the people on this what we should be doing. The only way my people go. side of the aisle are not operating from to truly do that is to pass Shays-Mee- Banking and security interests gave principle. Well, what is the principle han and not substitutes designed to de- $87 million for banking deregulation, that is driving the argument against feat it.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.076 pfrm03 PsN: H13PT2 H392 CONGRESSIONAL RECORD — HOUSE February 13, 2002 Mr. SHAYS. Mr. Chairman, I yield ferred version by supporters of cam- Hayworth Matheson Sanchez myself the balance of my time. paign finance reform. Hefley Matsui Sanders Herger McCarthy (MO) Sandlin I would point out that in conversa- I urge, therefore, every individual in Hill McCarthy (NY) Sawyer tion with Trevor Potter, who had just this House who wants to support cam- Hilleary McCollum Schaffer been recently discussed, he pointed out paign finance reform and see that bill Hilliard McDermott Schakowsky that he totally disagrees with what was Hinchey McGovern Schiff placed on the President’s desk to vote Hinojosa McIntyre Scott said by the gentleman from Virginia against my distinguished chairman and Hobson McKeon Sensenbrenner (Mr. TOM DAVIS), and the reference to friend, the gentleman from Ohio, and Hoeffel McKinney Serrano his Website was, in fact, not even his Hoekstra McNulty Sessions keep campaign finance reform alive. Holden Meehan Website. Shadegg The CHAIRMAN. The question is on Holt Meek (FL) Shaw And that this $40 million fund that is the amendment in the nature of a sub- Honda Meeks (NY) Shays being described, Democrats have $3.2 stitute offered by the gentleman from Hooley Menendez Sherman Horn Mica Sherwood million in their building fund and Re- Ohio (Mr. NEY). Hostettler Millender- Shuster publicans have $1.8 million in their Houghton McDonald The question was taken; and the Simmons Hoyer Miller, Dan building fund. So if the Democrats Chairman announced that the noes ap- Simpson Hulshof Miller, Gary have $40 million, they would have to Skelton peared to have it. Hunter Miller, George Slaughter raise from this point on the difference, RECORDED VOTE Hyde Miller, Jeff basically $36.8 million, and then not Inslee Mink Smith (NJ) Mr. NEY. Mr. Chairman, I demand a Smith (TX) spend it against candidates who are Isakson Mollohan recorded vote. Smith (WA) running for office. Israel Moore A recorded vote was ordered. Issa Moran (KS) Snyder Again, I just repeat, if the Democrats Solis The vote was taken by electronic de- Istook Moran (VA) want to raise $36.8 million and spend it Jackson (IL) Morella Spratt on a building fund instead of cam- vice, and there were—ayes 53, noes 377, Jackson-Lee Murtha Stark not voting 4, as follows: (TX) Myrick Stearns paigns, I think Republicans should Jefferson Nadler Stenholm probably encourage them to do that. [Roll No. 20] John Napolitano Strickland I would like to also point out that AYES—53 Johnson (IL) Neal Stump Johnson, E. B. Nethercutt Stupak our bill is, in fact, a compromise. It is Aderholt Fletcher Regula Jones (NC) Ney Sununu Akin Forbes a compromise. Rogers (MI) Jones (OH) Northup Sweeney Bachus Frelinghuysen Mr. HOYER. Mr. Chairman, I yield 1 Rohrabacher Kanjorski Norwood Tancredo Ballenger Gekas Ros-Lehtinen Kaptur Oberstar Tanner minute to the distinguished gentle- Barton Gillmor Rush Keller Obey Tauscher woman from Texas (MS. JACKSON-LEE). Bono Jenkins Saxton Kelly Olver Tauzin Cantor Johnson (CT) (Ms. JACKSON-LEE of Texas asked Schrock Kennedy (MN) Ortiz Capito Johnson, Sam Taylor (MS) Shimkus Kennedy (RI) Ose and was given permission to revise and Combest LaTourette Terry Shows Kerns Owens extend her remarks.) Cubin McCrery Thomas Skeen Kildee Oxley Ms. JACKSON-LEE of Texas. Mr. Culberson McHugh Thompson (CA) Smith (MI) Kilpatrick Pallone Davis, Jo Ann McInnis Thompson (MS) Chairman, many of us have been on a Kind (WI) Pascrell DeMint Nussle Souder Thornberry King (NY) Pastor very long journey, and we believe that Diaz-Balart Osborne Taylor (NC) Thune Kingston Paul today is the final stop, and the doors of Doolittle Otter Upton Thurman Kirk Payne Duncan Pitts Vitter Tiahrt the train will not open until we com- Kleczka Pelosi Emerson Pryce (OH) Weldon (PA) Tiberi plete the accounting of all those who Knollenberg Pence English Radanovich Wilson (SC) Tierney Kolbe Peterson (MN) have ridden with us. And I think we Toomey Kucinich Peterson (PA) NOES—377 Towns will find that most of us believe that LaFalce Petri Turner today is the day to pass the Shays- Abercrombie Calvert Edwards LaHood Phelps Udall (CO) Meehan campaign finance reform legis- Ackerman Camp Ehlers Lampson Pickering Allen Cannon Ehrlich Udall (NM) lation, and we believe that all the de- Langevin Platts Andrews Capps Engel Lantos Pombo Velazquez bate that you will hear today is proce- Armey Capuano Eshoo Largent Pomeroy Visclosky dural, that what the American people Baca Cardin Etheridge Larsen (WA) Portman Walden want us to do is to act on substance. Baird Carson (IN) Evans Larson (CT) Price (NC) Walsh Baker Carson (OK) Everett Latham Putnam Wamp They want us to restate our commit- Baldacci Castle Farr Leach Quinn Waters ment to the values of America that de- Baldwin Chabot Fattah Lee Rahall Watkins (OK) mocracy rules and that the people’s Barcia Chambliss Ferguson Levin Ramstad Watson (CA) Barr Clay Filner voice speaks louder than special inter- Lewis (CA) Rangel Watt (NC) Barrett Clayton Flake Lewis (GA) Rehberg Watts (OK) ests. Bartlett Clement Foley Lewis (KY) Reyes Waxman Thomas Jefferson wrote that individ- Bass Clyburn Ford Linder Reynolds Weiner uals who are elected are divided into Becerra Coble Fossella LoBiondo Rivers Weldon (FL) Bentsen Collins Frank Lofgren Rodriguez Weller two parties, those who fear and dis- Bereuter Condit Frost Lowey Roemer Wexler trust the people and those who identify Berkley Conyers Gallegly Lucas (KY) Rogers (KY) Whitfield themselves with the people, have con- Berman Cooksey Ganske Lucas (OK) Ross Wicker Berry Costello Gephardt fidence in them, cherish and consider Luther Rothman Wilson (NM) Biggert Cox Gibbons Lynch Roukema Wolf them as the most honest and safe. I Bilirakis Coyne Gilchrest Maloney (CT) Roybal-Allard Woolsey cherish the people. I believe we can win Bishop Cramer Gilman Maloney (NY) Royce Wu by voting for Shays-Meehan campaign Blagojevich Crane Gonzalez Manzullo Ryan (WI) Wynn Blumenauer Crenshaw Goode Markey Ryun (KS) Young (AK) finance reform, and support the peo- Blunt Crowley Goodlatte Mascara Sabo Young (FL) ple’s interest. Boehlert Cummings Gordon Mr. FORD. Mr. Chairman, I yield the Boehner Cunningham Goss NOT VOTING—4 balance of my time to the gentleman Bonilla Davis (CA) Graham Delahunt Riley Bonior Davis (FL) Granger Lipinski Traficant from Maryland (Mr. HOYER). Boozman Davis (IL) Graves Mr. HOYER. I thank the gentleman Borski Davis, Tom Green (TX) b 1443 for yielding me this time. Boswell Deal Green (WI) Boucher DeFazio Greenwood Messrs. GARY G. MILLER of Cali- Mr. Chairman, we ought to vote ‘‘no’’ Boyd DeGette Grucci fornia, ISSA, BARRETT of Wisconsin, on this amendment. The gentleman Brady (PA) DeLauro Gutierrez ARMEY, SHERWOOD, LEWIS of Ken- from Ohio (Mr. NEY) voted ‘‘no’’ on this Brady (TX) DeLay Gutknecht tucky, RANGEL, BONIOR, SMITH of Brown (FL) Deutsch Hall (OH) amendment originally. He offers this Brown (OH) Dicks Hall (TX) Texas, HANSEN, NORWOOD, SHU- amendment as a substitute because he Brown (SC) Dingell Hansen STER, JEFF MILLER of Florida, CAN- says it was offered before. That is cor- Bryant Doggett Harman NON, BONILLA, TANCREDO, ISTOOK, rect. It was offered before it was per- Burr Dooley Hart LARGENT, CRANE, GOSS, EHRLICH, Burton Doyle Hastings (FL) fected. Shays-Meehan now offer their Buyer Dreier Hastings (WA) BRYANT, BURTON of Indiana, perfected version, which is the pre- Callahan Dunn Hayes EHLERS, WATTS of Oklahoma and

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.080 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H393 TAUZIN and Mrs. TAUSCHER and Mrs. Sec. 214. Coordination with candidates or ‘‘(1) IN GENERAL.—Except as provided in MYRICK changed their vote from political parties. paragraph (2), an amount that is expended or ‘‘aye’’ to ‘‘no.’’ TITLE III—MISCELLANEOUS disbursed for Federal election activity by a State, district, or local committee of a polit- Mr. GILLMOR and Mr. BACHUS Sec. 301. Use of contributed amounts for cer- ical party (including an entity that is di- tain purposes. changed their vote from ‘‘no’’ to ‘‘aye.’’ rectly or indirectly established, financed, Sec. 302. Prohibition of fundraising on Fed- So the amendment in the nature of a maintained, or controlled by a State, dis- eral property. substitute was rejected. trict, or local committee of a political party Sec. 303. Strengthening foreign money ban. The result of the vote was announced and an officer or agent acting on behalf of Sec. 304. Modification of individual con- as above recorded. such committee or entity), or by an associa- tribution limits in response to tion or similar group of candidates for State Stated against: expenditures from personal Mrs. JOHNSON of Connecticut. Mr. Chair- or local office or of individuals holding State funds. or local office, shall be made from funds sub- man, on rollcall No. 20 I inadvertently voted Sec. 305. Television media rates. ject to the limitations, prohibitions, and re- ‘‘aye.’’ I would like the RECORD to show that I Sec. 306. Limitation on availability of low- porting requirements of this Act. est unit charge for Federal can- meant to vote ‘‘no.’’ ‘‘(2) APPLICABILITY.— didates attacking opposition. Mr. RUSH. Mr. Chairman, on rollcall No. 20, ‘‘(A) IN GENERAL.—Notwithstanding clause Sec. 307. Software for filing reports and I inadvertently cast an ‘‘aye’’ vote when my (i) or (ii) of section 301(20)(A), and subject to prompt disclosure of contribu- subparagraph (B), paragraph (1) shall not vote should have been ‘‘no’’ in opposition to tions. the Ney substitute to H.R. 2356. apply to any amount expended or disbursed Sec. 308. Modification of contribution lim- by a State, district, or local committee of a The Ney substitute would undermine the its. political party for an activity described in ability of Legal Permanent Residents to partici- Sec. 309. Donations to Presidential inau- either such clause to the extent the amounts pate in the political system. I ask that the gural committee. expended or disbursed for such activity are RECORD reflect my opposition to the Ney sub- Sec. 310. Prohibition on fraudulent solicita- allocated (under regulations prescribed by stitute. tion of funds. the Commission) among amounts— Sec. 311. Study and report on Clean Money ‘‘(i) which consist solely of contributions The CHAIRMAN. It is now in order to Clean Elections laws. consider the amendment in the nature subject to the limitations, prohibitions, and Sec. 312. Clarity standards for identification reporting requirements of this Act (other of a substitute numbered 9 specified in of sponsors of election-related than amounts described in subparagraph section 2 of House Resolution 344 of- advertising. (B)(iii)); and fered by the gentleman from Con- Sec. 313. Increase in penalties. ‘‘(ii) other amounts which are not subject necticut (Mr. SHAYS). Sec. 314. Statute of limitations. to the limitations, prohibitions, and report- Sec. 315. Sentencing guidelines. ing requirements of this Act (other than any b 1445 Sec. 316. Increase in penalties imposed for requirements of this subsection). AMENDMENT IN THE NATURE OF A SUBSTITUTE violations of conduit contribu- ‘‘(B) CONDITIONS.—Subparagraph (A) shall NO. 9 OFFERED BY MR. SHAYS tion ban. only apply if— Mr. SHAYS. Mr. Chairman, I offer an Sec. 317. Restriction on increased contribu- ‘‘(i) the activity does not refer to a clearly tion limits by taking into ac- amendment in the nature of a sub- identified candidate for Federal office; count candidate’s available ‘‘(ii) the amounts expended or disbursed stitute. funds. are not for the costs of any broadcasting, The CHAIRMAN. The Clerk will des- Sec. 318. Clarification of right of nationals cable, or satellite communication, other ignate the amendment in the nature of of the United States to make than a communication which refers solely to a substitute. political contributions. a clearly identified candidate for State or The text of the amendment in the na- Sec. 319. Prohibition of contributions by mi- local office; ture of a substitute is as follows: nors. ‘‘(iii) the amounts expended or disbursed which are described in subparagraph (A)(ii) Amendment in the nature of a substitute TITLE IV—SEVERABILITY; EFFECTIVE DATE are paid from amounts which are donated in No. 9 offered by Mr. SHAYS: accordance with State law and which meet Sec. 401. Severability. Strike all after the enacting clause and in- the requirements of subparagraph (C), except Sec. 402. Effective date. sert the following: that no person (including any person estab- Sec. 403. Judicial review. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. lished, financed, maintained, or controlled (a) SHORT TITLE.—This Act may be cited as TITLE V—ADDITIONAL DISCLOSURE by such person) may donate more than the ‘‘Bipartisan Campaign Reform Act of PROVISIONS $10,000 to a State, district, or local com- 2002’’. Sec. 501. Internet access to records. mittee of a political party in a calendar year (b) TABLE OF CONTENTS.—The table of con- Sec. 502. Maintenance of website of election for such expenditures or disbursements; and tents of this Act is as follows: reports. ‘‘(iv) the amounts expended or disbursed Sec. 1. Short title; table of contents. Sec. 503. Additional disclosure reports. are made solely from funds raised by the State, local, or district committee which TITLE I—REDUCTION OF SPECIAL Sec. 504. Public access to broadcasting makes such expenditure or disbursement, INTEREST INFLUENCE records. and do not include any funds provided to Sec. 101. Soft money of political parties. TITLE I—REDUCTION OF SPECIAL INTEREST INFLUENCE such committee from— Sec. 102. Increased contribution limit for ‘‘(I) any other State, local, or district com- State committees of political SEC. 101. SOFT MONEY OF POLITICAL PARTIES. mittee of any State party, parties. (a) IN GENERAL.—Title III of the Federal ‘‘(II) the national committee of a political Sec. 103. Reporting requirements. Election Campaign Act of 1971 (2 U.S.C. 431 party (including a national congressional TITLE II—NONCANDIDATE CAMPAIGN et seq.) is amended by adding at the end the campaign committee of a political party), EXPENDITURES following: ‘‘(III) any officer or agent acting on behalf Subtitle A—Electioneering Communications ‘‘SEC. 323. SOFT MONEY OF POLITICAL PARTIES. of any committee described in subclause (I) ‘‘(a) NATIONAL COMMITTEES.— or (II), or Sec. 201. Disclosure of electioneering com- ‘‘(1) IN GENERAL.—A national committee of ‘‘(IV) any entity directly or indirectly es- munications. a political party (including a national con- tablished, financed, maintained, or con- Sec. 202. Coordinated communications as gressional campaign committee of a political trolled by any committee described in sub- contributions. party) may not solicit, receive, or direct to clause (I) or (II). Sec. 203. Prohibition of corporate and labor another person a contribution, donation, or ‘‘(C) PROHIBITING INVOLVEMENT OF NATIONAL disbursements for election- transfer of funds or any other thing of value, PARTIES, FEDERAL CANDIDATES AND OFFICE- eering communications. or spend any funds, that are not subject to HOLDERS, AND STATE PARTIES ACTING JOINT- Sec. 204. Rules relating to certain targeted the limitations, prohibitions, and reporting LY.—Notwithstanding subsection (e) (other electioneering communica- requirements of this Act. than subsection (e)(3)), amounts specifically tions. ‘‘(2) APPLICABILITY.—The prohibition es- authorized to be spent under subparagraph Subtitle B—Independent and Coordinated tablished by paragraph (1) applies to any (B)(iii) meet the requirements of this sub- Expenditures such national committee, any officer or paragraph only if the amounts— Sec. 211. Definition of independent expendi- agent acting on behalf of such a national ‘‘(i) are not solicited, received, directed, ture. committee, and any entity that is directly or transferred, or spent by or in the name of Sec. 212. Reporting requirements for certain indirectly established, financed, maintained, any person described in subsection (a) or (e); independent expenditures. or controlled by such a national committee. and Sec. 213. Independent versus coordinated ex- ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- ‘‘(ii) are not solicited, received, or directed penditures by party. TEES.— through fundraising activities conducted

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jointly by 2 or more State, local, or district ‘‘(A) GENERAL SOLICITATIONS.—Notwith- State or local office, if the communication is committees of any political party or their standing any other provision of this sub- not a Federal election activity described in agents, or by a State, local, or district com- section, an individual described in paragraph subparagraph (A)(i) or (ii); mittee of a political party on behalf of the (1) may make a general solicitation of funds ‘‘(ii) a contribution to a candidate for State, local, or district committee of a polit- on behalf of any organization that is de- State or local office, provided the contribu- ical party or its agent in one or more other scribed in section 501(c) of the Internal Rev- tion is not designated to pay for a Federal States. enue Code of 1986 and exempt from taxation election activity described in subparagraph ‘‘(c) FUNDRAISING COSTS.—An amount spent under section 501(a) of such Code (or has sub- (A); by a person described in subsection (a) or (b) mitted an application for determination of ‘‘(iii) the costs of a State, district, or local to raise funds that are used, in whole or in tax exempt status under such section) (other political convention; part, for expenditures and disbursements for than an entity whose principal purpose is to ‘‘(iv) the costs of grassroots campaign ma- a Federal election activity shall be made conduct activities described in clauses (i) terials, including buttons, bumper stickers, from funds subject to the limitations, prohi- and (ii) of section 301(20)(A)) where such so- and yard signs, that name or depict only a bitions, and reporting requirements of this licitation does not specify how the funds will candidate for State or local office; and Act. or should be spent. ‘‘(v) the cost of constructing or purchasing ‘‘(d) TAX-EXEMPT ORGANIZATIONS.—A na- ‘‘(B) CERTAIN SPECIFIC SOLICITATIONS.—In an office facility or equipment for a State, tional, State, district, or local committee of addition to the general solicitations per- district, or local committee. a political party (including a national con- mitted under subparagraph (A), an individual ‘‘(21) GENERIC CAMPAIGN ACTIVITY.—The gressional campaign committee of a political described in paragraph (1) may make a solic- term ‘generic campaign activity’ means a party), an entity that is directly or indi- itation explicitly to obtain funds for car- campaign activity that promotes a political rectly established, financed, maintained, or rying out the activities described in clauses party and does not promote a candidate or controlled by any such national, State, dis- (i) and (ii) of section 301(20)(A), or for an en- non-Federal candidate. trict, or local committee or its agent, and an tity whose principal purpose is to conduct ‘‘(22) PUBLIC COMMUNICATION.—The term officer or agent acting on behalf of any such such activities, if— ‘public communication’ means a communica- party committee or entity, shall not solicit ‘‘(i) the solicitation is made only to indi- tion by means of any broadcast, cable, or any funds for, or make or direct any dona- viduals; and satellite communication, newspaper, maga- tions to— ‘‘(ii) the amount solicited from any indi- zine, outdoor advertising facility, mass mail- ‘‘(1) an organization that is described in vidual during any calendar year does not ex- ing, or telephone bank to the general public, section 501(c) of the Internal Revenue Code ceed $20,000. or any other form of general public political of 1986 and exempt from taxation under sec- ‘‘(f) STATE CANDIDATES.— advertising. tion 501(a) of such Code (or has submitted an ‘‘(1) IN GENERAL.—A candidate for State or ‘‘(23) MASS MAILING.—The term ‘mass mail- application for determination of tax exempt local office, individual holding State or local ing’ means a mailing by United States mail status under such section) and that makes office, or an agent of such a candidate or in- or facsimile of more than 500 pieces of mail expenditures or disbursements in connection dividual may not spend any funds for a com- matter of an identical or substantially simi- with an election for Federal office (including munication described in section lar nature within any 30-day period. expenditures or disbursements for Federal 301(20)(A)(iii) unless the funds are subject to ‘‘(24) TELEPHONE BANK.—The term ‘tele- election activity); or the limitations, prohibitions, and reporting phone bank’ means more than 500 telephone ‘‘(2) an organization described in section requirements of this Act. calls of an identical or substantially similar 527 of such Code (other than a political com- ‘‘(2) EXCEPTION FOR CERTAIN COMMUNICA- nature within any 30-day period.’’. mittee, a State, district, or local committee TIONS.—Paragraph (1) shall not apply to an SEC. 102. INCREASED CONTRIBUTION LIMIT FOR of a political party, or the authorized cam- individual described in such paragraph if the STATE COMMITTEES OF POLITICAL paign committee of a candidate for State or communication involved is in connection PARTIES. local office). with an election for such State or local office Section 315(a)(1) of the Federal Election ‘‘(e) FEDERAL CANDIDATES.— and refers only to such individual or to any Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is ‘‘(1) IN GENERAL.—A candidate, individual other candidate for the State or local office amended— holding Federal office, agent of a candidate held or sought by such individual, or both.’’. (1) in subparagraph (B), by striking ‘‘or’’ at or an individual holding Federal office, or an (b) DEFINITIONS.—Section 301 of the Fed- the end; entity directly or indirectly established, fi- eral Election Campaign Act of 1971 (2 U.S.C. (2) in subparagraph (C)— nanced, maintained or controlled by or act- 431) is amended by adding at the end thereof (A) by inserting ‘‘(other than a committee ing on behalf of 1 or more candidates or indi- the following: described in subparagraph (D))’’ after ‘‘com- viduals holding Federal office, shall not— ‘‘(20) FEDERAL ELECTION ACTIVITY.— mittee’’; and ‘‘(A) solicit, receive, direct, transfer, or ‘‘(A) IN GENERAL.—The term ‘Federal elec- (B) by striking the period at the end and spend funds in connection with an election tion activity’ means— inserting ‘‘; or’’; and for Federal office, including funds for any ‘‘(i) voter registration activity during the (3) by adding at the end the following: Federal election activity, unless the funds period that begins on the date that is 120 ‘‘(D) to a political committee established are subject to the limitations, prohibitions, days before the date a regularly scheduled and maintained by a State committee of a and reporting requirements of this Act; or Federal election is held and ends on the date political party in any calendar year which, ‘‘(B) solicit, receive, direct, transfer, or of the election; in the aggregate, exceed $10,000.’’. spend funds in connection with any election ‘‘(ii) voter identification, get-out-the-vote SEC. 103. REPORTING REQUIREMENTS. other than an election for Federal office or activity, or generic campaign activity con- (a) REPORTING REQUIREMENTS.—Section 304 disburse funds in connection with such an ducted in connection with an election in of the Federal Election Campaign Act of 1971 election unless the funds— which a candidate for Federal office appears (2 U.S.C. 434) is amended by adding at the ‘‘(i) are not in excess of the amounts per- on the ballot (regardless of whether a can- end the following: mitted with respect to contributions to candidate for State or local office also appears ‘‘(e) POLITICAL COMMITTEES.— didates and political committees under para- on the ballot); ‘‘(1) NATIONAL AND CONGRESSIONAL POLIT- graphs (1), (2), and (3) of section 315(a); and ‘‘(iii) a public communication that refers ICAL COMMITTEES.—The national committee ‘‘(ii) are not from sources prohibited by to a clearly identified candidate for Federal of a political party, any national congres- this Act from making contributions in con- office (regardless of whether a candidate for sional campaign committee of a political nection with an election for Federal office. State or local office is also mentioned or party, and any subordinate committee of ei- ‘‘(2) STATE LAW.—Paragraph (1) does not identified) and that promotes or supports a ther, shall report all receipts and disburse- apply to the solicitation, receipt, or spending candidate for that office, or attacks or op- ments during the reporting period. of funds by an individual described in such poses a candidate for that office (regardless ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH paragraph who is or was also a candidate for of whether the communication expressly ad- SECTION 323 APPLIES.— a State or local office solely in connection vocates a vote for or against a candidate); or ‘‘(A) IN GENERAL.—In addition to any other with such election for State or local office if ‘‘(iv) services provided during any month reporting requirements applicable under this the solicitation, receipt, or spending of funds by an employee of a State, district, or local Act, a political committee (not described in is permitted under State law and refers only committee of a political party who spends paragraph (1)) to which section 323(b)(1) ap- to such State or local candidate, or to any more than 25 percent of that individual’s plies shall report all receipts and disburse- other candidate for the State or local office compensated time during that month on ac- ments made for activities described in sec- sought by such candidate, or both. tivities in connection with a Federal election 301(20)(A), unless the aggregate amount ‘‘(3) FUNDRAISING EVENTS.—Notwith- tion. of such receipts and disbursements during standing paragraph (1) or subsection ‘‘(B) EXCLUDED ACTIVITY.—The term ‘Fed- the calendar year is less than $5,000. (b)(2)(C), a candidate or an individual hold- eral election activity’ does not include an ‘‘(B) SPECIFIC DISCLOSURE BY STATE AND ing Federal office may attend, speak, or be a amount expended or disbursed by a State, LOCAL PARTIES OF CERTAIN NONFEDERAL featured guest at a fundraising event for a district, or local committee of a political AMOUNTS PERMITTED TO BE SPENT ON FEDERAL State, district, or local committee of a polit- party for— ELECTION ACTIVITY.—Each report by a political party. ‘‘(i) a public communication that refers ical committee under subparagraph (A) of re- ‘‘(4) PERMITTING CERTAIN SOLICITATIONS.— solely to a clearly identified candidate for ceipts and disbursements made for activities

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.014 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H395 described in section 301(20)(A) shall include a names and addresses of all contributors who ‘‘(A) the first date during any calendar disclosure of all receipts and disbursements contributed an aggregate amount of $1,000 or year by which a person has made disburse- described in section 323(b)(2)(A) and (B). more to the person making the disbursement ments for the direct costs of producing or ‘‘(3) ITEMIZATION.—If a political committee during the period beginning on the first day airing electioneering communications aggre- has receipts or disbursements to which this of the preceding calendar year and ending on gating in excess of $10,000; and subsection applies from or to any person ag- the disclosure date. ‘‘(B) any other date during such calendar gregating in excess of $200 for any calendar ‘‘(3) ELECTIONEERING COMMUNICATION.—For year by which a person has made disburse- year, the political committee shall sepa- purposes of this subsection— ments for the direct costs of producing or rately itemize its reporting for such person ‘‘(A) IN GENERAL.—(i) The term ‘election- airing electioneering communications aggre- in the same manner as required in para- eering communication’ means any broad- gating in excess of $10,000 since the most re- graphs (3)(A), (5), and (6) of subsection (b). cast, cable, or satellite communication cent disclosure date for such calendar year. ‘‘(4) REPORTING PERIODS.—Reports required which— ‘‘(5) CONTRACTS TO DISBURSE.—For purposes to be filed under this subsection shall be ‘‘(I) refers to a clearly identified candidate of this subsection, a person shall be treated filed for the same time periods required for for Federal office; as having made a disbursement if the person political committees under subsection ‘‘(II) is made within— has executed a contract to make the dis- (a)(4)(B).’’. ‘‘(aa) 60 days before a general, special, or bursement. (b) BUILDING FUND EXCEPTION TO THE DEFI- runoff election for the office sought by the ‘‘(6) COORDINATION WITH OTHER REQUIRE- NITION OF CONTRIBUTION.—Section 301(8)(B) of candidate; or MENTS.—Any requirement to report under the Federal Election Campaign Act of 1971 (2 ‘‘(bb) 30 days before a primary or pref- this subsection shall be in addition to any U.S.C. 431(8)(B)) is amended— erence election, or a convention or caucus of other reporting requirement under this Act. (1) by striking clause (viii); and a political party that has authority to nomi- ‘‘(7) COORDINATION WITH INTERNAL REVENUE (2) by redesignating clauses (ix) through nate a candidate, for the office sought by the CODE.—Nothing in this subsection may be (xv) as clauses (viii) through (xiv), respec- candidate; and construed to establish, modify, or otherwise tively. ‘‘(III) in the case of a communication affect the definition of political activities or TITLE II—NONCANDIDATE CAMPAIGN which refers to a candidate for an office electioneering activities (including the defi- EXPENDITURES other than President or Vice President, is nition of participating in, intervening in, or Subtitle A—Electioneering Communications targeted to the relevant electorate. influencing or attempting to influence a political campaign on behalf of or in opposition SEC. 201. DISCLOSURE OF ELECTIONEERING ‘‘(ii) If clause (i) is held to be constitu- COMMUNICATIONS. tionally insufficient by final judicial deci- to any candidate for public office) for pur- (a) IN GENERAL.—Section 304 of the Federal sion to support the regulation provided here- poses of the Internal Revenue Code of 1986.’’. Election Campaign Act of 1971 (2 U.S.C. 434), in, then the term ‘electioneering commu- (b) RESPONSIBILITIES OF FEDERAL COMMU- NICATIONS COMMISSION.—The Federal Com- as amended by section 103, is amended by nication’ means any broadcast, cable, or sat- munications Commission shall compile and adding at the end the following new sub- ellite communication which promotes or maintain any information the Federal Elec- section: supports a candidate for that office, or at- tion Commission may require to carry out ‘‘(f) DISCLOSURE OF ELECTIONEERING COM- tacks or opposes a candidate for that office section 304(f) of the Federal Election Cam- MUNICATIONS.— (regardless of whether the communication paign Act of 1971 (as added by subsection (a)), ‘‘(1) STATEMENT REQUIRED.—Every person expressly advocates a vote for or against a and shall make such information available who makes a disbursement for the direct candidate) and which also is suggestive of no to the public on the Federal Communication costs of producing and airing electioneering plausible meaning other than an exhortation Commission’s website. communications in an aggregate amount in to vote for or against a specific candidate. excess of $10,000 during any calendar year Nothing in this subparagraph shall be con- SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS. shall, within 24 hours of each disclosure date, strued to affect the interpretation or appli- Section 315(a)(7) of the Federal Election file with the Commission a statement con- cation of section 100.22(b) of title 11, Code of Campaign Act of 1971 (2 U.S.C. 441a(a)(7)) is taining the information described in para- Federal Regulations. amended — XCEPTIONS.—The term ‘election- graph (2). ‘‘(B) E (1) by redesignating subparagraph (C) as ONTENTS OF STATEMENT.—Each state- eering communication’ does not include— ‘‘(2) C subparagraph (D); and ment required to be filed under this sub- ‘‘(i) a communication appearing in a news (2) by inserting after subparagraph (B) the section shall be made under penalty of per- story, commentary, or editorial distributed following: jury and shall contain the following informa- through the facilities of any broadcasting ‘‘(C) if— tion: station, unless such facilities are owned or ‘‘(i) any person makes, or contracts to ‘‘(A) The identification of the person mak- controlled by any political party, political make, any disbursement for any election- ing the disbursement, of any person sharing committee, or candidate; eering communication (within the meaning or exercising direction or control over the ‘‘(ii) a communication which constitutes of section 304(f)(3)); and activities of such person, and of the custo- an expenditure or an independent expendi- ‘‘(ii) such disbursement is coordinated with dian of the books and accounts of the person ture under this Act; a candidate or an authorized committee of making the disbursement. ‘‘(iii) a communication which constitutes a such candidate, a Federal, State, or local po- ‘‘(B) The principal place of business of the candidate debate or forum conducted pursu- litical party or committee thereof, or an person making the disbursement, if not an ant to regulations adopted by the Commis- agent or official of any such candidate, individual. sion, or which solely promotes such a debate party, or committee; ‘‘(C) The amount of each disbursement of or forum and is made by or on behalf of the such disbursement or contracting shall be more than $200 during the period covered by person sponsoring the debate or forum; or treated as a contribution to the candidate the statement and the identification of the ‘‘(iv) any other communication exempted supported by the electioneering communica- person to whom the disbursement was made. under such regulations as the Commission tion or that candidate’s party and as an ex- ‘‘(D) The elections to which the election- may promulgate (consistent with the re- penditure by that candidate or that can- eering communications pertain and the quirements of this paragraph) to ensure the didate’s party; and’’. names (if known) of the candidates identified appropriate implementation of this para- SEC. 203. PROHIBITION OF CORPORATE AND or to be identified. graph, except that under any such regulation LABOR DISBURSEMENTS FOR ELEC- ‘‘(E) If the disbursements were paid out of a communication may not be exempted if it TIONEERING COMMUNICATIONS. a segregated bank account which consists of meets the requirements of this paragraph (a) IN GENERAL.—Section 316(b)(2) of the funds contributed solely by individuals who and is described in section 301(20)(A)(iii). Federal Election Campaign Act of 1971 (2 are United States citizens or nationals or ‘‘(C) TARGETING TO RELEVANT ELEC- U.S.C. 441b(b)(2)) is amended by inserting ‘‘or lawfully admitted for permanent residence TORATE.—For purposes of this paragraph, a for any applicable electioneering commu- as defined in section 1101(a)(2) of the Immi- communication which refers to a clearly nication’’ before ‘‘, but shall not include’’. gration and Nationality Act (8 U.S.C. identified candidate for Federal office is ‘tar- (b) APPLICABLE ELECTIONEERING COMMU- 1101(a)(2)) directly to this account for elec- geted to the relevant electorate’ if the com- NICATION.—Section 316 of such Act is amend- tioneering communications, the names and munication can be received by 50,000 or more ed by adding at the end the following: addresses of all contributors who contributed persons— ‘‘(c) RULES RELATING TO ELECTIONEERING an aggregate amount of $1,000 or more to ‘‘(i) in the district the candidate seeks to COMMUNICATIONS.— that account during the period beginning on represent, in the case of a candidate for Rep- ‘‘(1) APPLICABLE ELECTIONEERING COMMU- the first day of the preceding calendar year resentative in, or Delegate or Resident Com- NICATION.—For purposes of this section, the and ending on the disclosure date. Nothing missioner to, the Congress; or term ‘applicable electioneering communica- in this subparagraph is to be construed as a ‘‘(ii) in the State the candidate seeks to tion’ means an electioneering communica- prohibition on the use of funds in such a seg- represent, in the case of a candidate for Sen- tion (within the meaning of section 304(f)(3)) regated account for a purpose other than ator. which is made by any entity described in electioneering communications. ‘‘(4) DISCLOSURE DATE.—For purposes of subsection (a) of this section or by any other ‘‘(F) If the disbursements were paid out of this subsection, the term ‘disclosure date’ person using funds donated by an entity de- funds not described in subparagraph (E), the means— scribed in subsection (a) of this section.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.014 pfrm03 PsN: H13PT2 H396 CONGRESSIONAL RECORD — HOUSE February 13, 2002

‘‘(2) EXCEPTION.—Notwithstanding para- Subtitle B—Independent and Coordinated ‘‘(i) any coordinated expenditure under graph (1), the term ‘applicable electioneering Expenditures this subsection with respect to the candidate communication’ does not include a commu- SEC. 211. DEFINITION OF INDEPENDENT EXPEND- during the election cycle at any time after it nication by a section 501(c)(4) organization ITURE. makes any independent expenditure (as de- or a political organization (as defined in sec- Section 301 of the Federal Election Cam- fined in section 301(17)) with respect to the tion 527(e)(1) of the Internal Revenue Code of paign Act (2 U.S.C. 431) is amended by strik- candidate during the election cycle; or 1986) made under section 304(f)(2)(E) or (F) of ing paragraph (17) and inserting the fol- ‘‘(ii) any independent expenditure (as de- this Act if the communication is paid for ex- lowing: fined in section 301(17)) with respect to the clusively by funds provided directly by indi- ‘‘(17) INDEPENDENT EXPENDITURE.—The candidate during the election cycle at any viduals who are United States citizens or na- term ‘independent expenditure’ means an ex- time after it makes any coordinated expendi- tionals or lawfully admitted for permanent penditure by a person— ture under this subsection with respect to residence as defined in section 1101(a)(2) of ‘‘(A) expressly advocating the election or the candidate during the election cycle. the Immigration and Nationality Act (8 defeat of a clearly identified candidate; and ‘‘(B) APPLICATION.—For purposes of this U.S.C. 1101(a)(2)). For purposes of the pre- ‘‘(B) that is not made in concert or co- paragraph, all political committees estab- ceding sentence, the term ‘provided directly operation with or at the request or sugges- lished and maintained by a national political by individuals’ does not include funds the tion of such candidate, the candidate’s au- party (including all congressional campaign source of which is an entity described in sub- thorized political committee, or their committees) and all political committees es- section (a) of this section. agents, or a political party committee or its tablished and maintained by a State polit- ‘‘(3) SPECIAL OPERATING RULES.— agents.’’. ical party (including any subordinate com- ‘‘(A) DEFINITION UNDER PARAGRAPH (1).—An SEC. 212. REPORTING REQUIREMENTS FOR CER- mittee of a State committee) shall be consid- electioneering communication shall be treat- TAIN INDEPENDENT EXPENDITURES. ered to be a single political committee. ed as made by an entity described in sub- (a) IN GENERAL.—Section 304 of the Federal ‘‘(C) TRANSFERS.—A committee of a polit- Election Campaign Act of 1971 (2 U.S.C. 434) section (a) if an entity described in sub- ical party that makes coordinated expendi- (as amended by section 201) is amended— section (a) directly or indirectly disburses tures under this subsection with respect to a (1) in subsection (c)(2), by striking the un- any amount for any of the costs of the com- candidate shall not, during an election cycle, designated matter after subparagraph (C); munication. transfer any funds to, assign authority to and ‘‘(B) EXCEPTION UNDER PARAGRAPH (2).—A make coordinated expenditures under this (2) by adding at the end the following: section 501(c)(4) organization that derives subsection to, or receive a transfer of funds ‘‘(g) TIME FOR REPORTING CERTAIN EXPEND- amounts from business activities or receives from, a committee of the political party that ITURES.— funds from any entity described in sub- has made or intends to make an independent ‘‘(1) EXPENDITURES AGGREGATING $1,000.— section (a) shall be considered to have paid expenditure with respect to the candidate.’’. ‘‘(A) INITIAL REPORT.—A person (including for any communication out of such amounts a political committee) that makes or con- SEC. 214. COORDINATION WITH CANDIDATES OR POLITICAL PARTIES. unless such organization paid for the com- tracts to make independent expenditures ag- munication out of a segregated account to gregating $1,000 or more after the 20th day, (a) IN GENERAL.—Section 315(a)(7)(B) of the which only individuals can contribute, as de- but more than 24 hours, before the date of an Federal Election Campaign Act of 1971 (2 scribed in section 304(f)(2)(E). election shall file a report describing the ex- U.S.C. 441a(a)(7)(B)) is amended— ‘‘(4) DEFINITIONS AND RULES.—For purposes penditures within 24 hours. (A) by redesignating clause (ii) as clause of this subsection— (iii); and ‘‘(B) ADDITIONAL REPORTS.—After a person ‘‘(A) the term ‘section 501(c)(4) organiza- files a report under subparagraph (A), the (B) by inserting after clause (i) the fol- tion’ means— person shall file an additional report within lowing new clause: ‘‘(i) an organization described in section 24 hours after each time the person makes or ‘‘(ii) expenditures made by any person 501(c)(4) of the Internal Revenue Code of 1986 contracts to make independent expenditures (other than a candidate or candidate’s au- and exempt from taxation under section aggregating an additional $1,000 with respect thorized committee) in cooperation, con- 501(a) of such Code; or to the same election as that to which the ini- sultation, or concert, with, or at the request ‘‘(ii) an organization which has submitted tial report relates. or suggestion of, a national, State, or local an application to the Internal Revenue Serv- committee of a political party, shall be con- ‘‘(2) EXPENDITURES AGGREGATING $10,000.— ice for determination of its status as an or- sidered to be contributions made to such ‘‘(A) INITIAL REPORT.—A person (including ganization described in clause (i); and a political committee) that makes or con- party committee; and’’. ‘‘(B) a person shall be treated as having tracts to make independent expenditures ag- (b) REPEAL OF CURRENT REGULATIONS.—The made a disbursement if the person has exe- gregating $10,000 or more at any time up to regulations on coordinated communications cuted a contract to make the disbursement. and including the 20th day before the date of paid for by persons other than candidates, ‘‘(5) COORDINATION WITH INTERNAL REVENUE an election shall file a report describing the authorized committees of candidates, and CODE.—Nothing in this subsection shall be expenditures within 48 hours. party committees adopted by the Federal construed to authorize an organization ex- ‘‘(B) ADDITIONAL REPORTS.—After a person Election Commission and published in the empt from taxation under section 501(a) of files a report under subparagraph (A), the Federal Register at page 76138 of volume 65, the Internal Revenue Code of 1986 to carry person shall file an additional report within Federal Register, on December 6, 2000, are re- out any activity which is prohibited under 48 hours after each time the person makes or pealed as of the date by which the Commis- such Code.’’. contracts to make independent expenditures sion is required to promulgate new regulations under subsection (c) (as described in SEC. 204. RULES RELATING TO CERTAIN TAR- aggregating an additional $10,000 with re- GETED ELECTIONEERING COMMU- spect to the same election as that to which the second sentence of section 402(c)). NICATIONS. the initial report relates. (c) REGULATIONS BY THE FEDERAL ELECTION COMMISSION.—The Federal Election Commis- Section 316(c) of the Federal Election Cam- ‘‘(3) PLACE OF FILING; CONTENTS.—A report under this subsection— sion shall promulgate new regulations on co- paign Act of 1971 (2 U.S.C. 441b), as added by ‘‘(A) shall be filed with the Commission; ordinated communications paid for by per- section 203, is amended by adding at the end and sons other than candidates, authorized com- the following: ‘‘(B) shall contain the information required mittees of candidates, and party commit- ‘‘(6) SPECIAL RULES FOR TARGETED COMMU- by subsection (b)(6)(B)(iii), including the tees. The regulations shall not require agree- NICATIONS.— name of each candidate whom an expendi- ment or formal collaboration to establish co- ‘‘(A) EXCEPTION DOES NOT APPLY.—Para- ture is intended to support or oppose.’’. ordination. In addition to any subject deter- graph (2) shall not apply in the case of a tar- (b) CONFORMING AMENDMENT.—Section mined by the Commission, the regulations geted communication that is made by an or- 304(a)(5) of such Act (2 U.S.C. 434(a)(5)) is shall address— ganization described in such paragraph. amended by striking ‘‘, or the second sen- (A) payments for the republication of cam- ‘‘(B) TARGETED COMMUNICATION.—For pur- tence of subsection (c)(2)’’. paign materials; poses of subparagraph (A), the term ‘targeted SEC. 213. INDEPENDENT VERSUS COORDINATED (B) payments for the use of a common ven- communication’ means an electioneering EXPENDITURES BY PARTY. dor; communication (as defined in section Section 315(d) of the Federal Election Cam- (C) payments for communications directed 304(f)(3)) that is distributed from a television paign Act of 1971 (2 U.S.C. 441a(d)) is amend- or made by persons who previously served as or radio broadcast station or provider of ed— an employee of a candidate or a political cable or satellite television service and, in (1) in paragraph (1), by striking ‘‘and (3)’’ party; and the case of a communication which refers to and inserting ‘‘, (3), and (4)’’; and (D) payments for communications made by a candidate for an office other than Presi- (2) by adding at the end the following: a person after substantial discussion about dent or Vice President, is targeted to the rel- ‘‘(4) INDEPENDENT VERSUS COORDINATED EX- the communication with a candidate or a po- evant electorate. PENDITURES BY PARTY.— litical party. ‘‘(C) DEFINITION.—For purposes of this ‘‘(A) IN GENERAL.—On or after the date on (d) MEANING OF CONTRIBUTION OR EXPENDI- paragraph, a communication is ‘targeted to which a political party nominates a can- TURE FOR THE PURPOSES OF SECTION 316.— the relevant electorate’ if it meets the re- didate, no committee of the political party Section 316(b)(2) of the Federal Election quirements described in section 304(f)(3)(C).’’. may make— Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.014 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H397 amended by striking ‘‘shall include’’ and in- (2) in subsection (b), by inserting ‘‘or Exec- ‘‘(II) the limit under subsection (a)(3) shall serting ‘‘includes a contribution or expendi- utive Office of the President’’ after ‘‘Con- not apply with respect to any contribution ture, as those terms are defined in section gress’’. made with respect to a candidate if such con- 301, and also includes’’. SEC. 303. STRENGTHENING FOREIGN MONEY tribution is made under the increased limit TITLE III—MISCELLANEOUS BAN. of subparagraph (A) during a period in which Section 319 of the Federal Election Cam- the candidate may accept such a contribu- SEC. 301. USE OF CONTRIBUTED AMOUNTS FOR tion; and CERTAIN PURPOSES. paign Act of 1971 (2 U.S.C. 441e) is amended— (1) by striking the heading and inserting ‘‘(iii) 10 times the threshold amount— Title III of the Federal Election Campaign the following: ‘‘CONTRIBUTIONS AND DONA- ‘‘(I) the increased limit shall be 6 times the Act of 1971 (2 U.S.C. 431 et seq.) is amended TIONS BY FOREIGN NATIONALS’’; and applicable limit; by striking section 313 and inserting the fol- (2) by striking subsection (a) and inserting ‘‘(II) the limit under subsection (a)(3) shall lowing: the following: not apply with respect to any contribution ‘‘SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR ‘‘(a) PROHIBITION.—It shall be unlawful made with respect to a candidate if such con- CERTAIN PURPOSES. for— tribution is made under the increased limit ‘‘(a) PERMITTED USES.—A contribution ac- ‘‘(1) a foreign national, directly or indi- of subparagraph (A) during a period in which cepted by a candidate, and any other dona- rectly, to make— the candidate may accept such a contribution received by an individual as support for ‘‘(A) a contribution or donation of money tion; and activities of the individual as a holder of or other thing of value, or to make an ex- ‘‘(III) the limits under subsection (d) with Federal office, may be used by the candidate press or implied promise to make a contribu- respect to any expenditure by a State or na- or individual— tion or donation, in connection with a Fed- tional committee of a political party shall ‘‘(1) for otherwise authorized expenditures eral, State, or local election; not apply. in connection with the campaign for Federal ‘‘(B) a contribution or donation to a com- ‘‘(D) OPPOSITION PERSONAL FUNDS office of the candidate or individual; mittee of a political party; or AMOUNT.—The opposition personal funds ‘‘(2) for ordinary and necessary expenses ‘‘(C) an expenditure, independent expendi- amount is an amount equal to the excess (if incurred in connection with duties of the in- ture, or disbursement for an electioneering any) of— dividual as a holder of Federal office; communication (within the meaning of sec- ‘‘(i) the greatest aggregate amount of ex- ‘‘(3) for contributions to an organization tion 304(f)(3)); or penditures from personal funds (as defined in described in section 170(c) of the Internal ‘‘(2) a person to solicit, accept, or receive a section 304(a)(6)(B)) that an opposing can- Revenue Code of 1986; or contribution or donation described in sub- didate in the same election makes; over ‘‘(4) for transfers to a national, State, or paragraph (A) or (B) of paragraph (1) from a ‘‘(ii) the aggregate amount of expenditures local committee of a political party. foreign national.’’. from personal funds made by the candidate ‘‘(b) PROHIBITED USE.— with respect to the election. SEC. 304. MODIFICATION OF INDIVIDUAL CON- ‘‘(1) IN GENERAL.—A contribution or dona- TRIBUTION LIMITS IN RESPONSE TO ‘‘(2) TIME TO ACCEPT CONTRIBUTIONS UNDER tion described in subsection (a) shall not be EXPENDITURES FROM PERSONAL INCREASED LIMIT.— converted by any person to personal use. FUNDS. ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(2) CONVERSION.—For the purposes of (a) INCREASED LIMITS FOR INDIVIDUALS.— (B), a candidate and the candidate’s author- paragraph (1), a contribution or donation Section 315 of the Federal Election Cam- ized committee shall not accept any con- shall be considered to be converted to per- paign Act of 1971 (2 U.S.C. 441a) is amended— tribution, and a party committee shall not sonal use if the contribution or amount is (1) in subsection (a)(1), by striking ‘‘No make any expenditure, under the increased used to fulfill any commitment, obligation, person’’ and inserting ‘‘Except as provided in limit under paragraph (1)— or expense of a person that would exist irre- subsection (i), no person’’; and ‘‘(i) until the candidate has received notifi- spective of the candidate’s election cam- (2) by adding at the end the following: cation of the opposition personal funds paign or individual’s duties as a holder of ‘‘(i) INCREASED LIMIT TO ALLOW RESPONSE amount under section 304(a)(6)(B); and Federal office, including— TO EXPENDITURES FROM PERSONAL FUNDS.— ‘‘(ii) to the extent that such contribution, ‘‘(A) a home mortgage, rent, or utility pay- ‘‘(1) INCREASE.— when added to the aggregate amount of con- ment; ‘‘(A) IN GENERAL.—Subject to paragraph tributions previously accepted and party ex- ‘‘(B) a clothing purchase; (2), if the opposition personal funds amount penditures previously made under the in- ‘‘(C) a noncampaign-related automobile ex- with respect to a candidate for election to creased limits under this subsection for the pense; the office of Senator exceeds the threshold election cycle, exceeds 110 percent of the op- ‘‘(D) a country club membership; amount, the limit under subsection (a)(1)(A) position personal funds amount. ‘‘(E) a vacation or other noncampaign-re- (in this subsection referred to as the ‘appli- ‘‘(B) EFFECT OF WITHDRAWAL OF AN OPPOS- lated trip; cable limit’) with respect to that candidate ING CANDIDATE.—A candidate and a can- ‘‘(F) a household food item; shall be the increased limit. didate’s authorized committee shall not ac- ‘‘(G) a tuition payment; ‘‘(B) THRESHOLD AMOUNT.— cept any contribution and a party shall not ‘‘(H) admission to a sporting event, con- ‘‘(i) STATE-BY-STATE COMPETITIVE AND FAIR make any expenditure under the increased cert, theater, or other form of entertainment CAMPAIGN FORMULA.—In this subsection, the limit after the date on which an opposing not associated with an election campaign; threshold amount with respect to an election candidate ceases to be a candidate to the ex- and cycle of a candidate described in subpara- tent that the amount of such increased limit ‘‘(I) dues, fees, and other payments to a graph (A) is an amount equal to the sum of— is attributable to such an opposing can- health club or recreational facility.’’. ‘‘(I) $150,000; and didate. SEC. 302. PROHIBITION OF FUNDRAISING ON ‘‘(II) $0.04 multiplied by the voting age pop- ‘‘(3) DISPOSAL OF EXCESS CONTRIBUTIONS.— FEDERAL PROPERTY. ulation. ‘‘(A) IN GENERAL.—The aggregate amount Section 607 of title 18, United States Code, ‘‘(ii) VOTING AGE POPULATION.—In this sub- of contributions accepted by a candidate or a is amended— paragraph, the term ‘voting age population’ candidate’s authorized committee under the (1) by striking subsection (a) and inserting means in the case of a candidate for the of- increased limit under paragraph (1) and not the following: fice of Senator, the voting age population of otherwise expended in connection with the ‘‘(a) PROHIBITION.— the State of the candidate (as certified under election with respect to which such contribu- ‘‘(1) IN GENERAL.—It shall be unlawful for section 315(e)). tions relate shall, not later than 50 days any person to solicit or receive a donation of ‘‘(C) INCREASED LIMIT.—Except as provided after the date of such election, be used in the money or other thing of value in connection in clause (ii), for purposes of subparagraph manner described in subparagraph (B). with a Federal, State, or local election from (A), if the opposition personal funds amount ‘‘(B) RETURN TO CONTRIBUTORS.—A can- a person who is located in a room or building is over— didate or a candidate’s authorized com- occupied in the discharge of official duties ‘‘(i) 2 times the threshold amount, but not mittee shall return the excess contribution by an officer or employee of the United over 4 times that amount— to the person who made the contribution. States. It shall be unlawful for an individual ‘‘(I) the increased limit shall be 3 times the ‘‘(j) LIMITATION ON REPAYMENT OF PER- who is an officer or employee of the Federal applicable limit; and SONAL LOANS.—Any candidate who incurs Government, including the President, Vice ‘‘(II) the limit under subsection (a)(3) shall personal loans made after the effective date President, and Members of Congress, to so- not apply with respect to any contribution of the Bipartisan Campaign Reform Act of licit or receive a donation of money or other made with respect to a candidate if such con- 2002 in connection with the candidate’s cam- thing of value in connection with a Federal, tribution is made under the increased limit paign for election shall not repay (directly or State, or local election, while in any room or of subparagraph (A) during a period in which indirectly), to the extent such loans exceed building occupied in the discharge of official the candidate may accept such a contribu- $250,000, such loans from any contributions duties by an officer or employee of the tion; made to such candidate or any authorized United States, from any person. ‘‘(ii) 4 times the threshold amount, but not committee of such candidate after the date ‘‘(2) PENALTY.—A person who violates this over 10 times that amount— of such election.’’. section shall be fined not more than $5,000, ‘‘(I) the increased limit shall be 6 times the (b) NOTIFICATION OF EXPENDITURES FROM imprisoned more than 3 years, or both.’’; and applicable limit; and PERSONAL FUNDS.—Section 304(a)(6) of the

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.014 pfrm03 PsN: H13PT2 H398 CONGRESSIONAL RECORD — HOUSE February 13, 2002 Federal Election Campaign Act of 1971 (2 of the preceding sentence, a primary election committee of a political party who has pur- U.S.C. 434(a)(6)) is amended— and a general election shall be considered to chased and paid for such use pursuant to sub- (1) by redesignating subparagraph (B) as be separate elections. section (b)(2). subparagraph (E); and ‘‘(26) PERSONAL FUNDS.—The term ‘personal ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI- (2) by inserting after subparagraph (A) the funds’ means an amount that is derived CENSEE.—If a program to be broadcast by a following: from— television broadcast station, or a provider of ‘‘(B) NOTIFICATION OF EXPENDITURE FROM ‘‘(A) any asset that, under applicable State cable or satellite television service, is pre- PERSONAL FUNDS.— law, at the time the individual became a empted because of circumstances beyond the ‘‘(i) DEFINITION OF EXPENDITURE FROM PER- candidate, the candidate had legal right of control of the station, any candidate or SONAL FUNDS.—In this subparagraph, the access to or control over, and with respect to party advertising spot scheduled to be broad- term ‘expenditure from personal funds’ which the candidate had— cast during that program may also be pre- means— ‘‘(i) legal and rightful title; or empted.’’. ‘‘(I) an expenditure made by a candidate ‘‘(ii) an equitable interest; (d) RANDOM AUDITS.—Section 315 of such using personal funds; and ‘‘(B) income received during the current Act (47 U.S.C. 315), as amended by subsection ‘‘(II) a contribution or loan made by a can- election cycle of the candidate, including— (c), is amended by inserting after subsection didate using personal funds or a loan secured ‘‘(i) a salary and other earned income from (c) the following new subsection: using such funds to the candidate’s author- bona fide employment; ‘‘(d) RANDOM AUDITS.— ized committee. ‘‘(ii) dividends and proceeds from the sale ‘‘(1) IN GENERAL.—During the 45-day period ‘‘(ii) DECLARATION OF INTENT.—Not later of the candidate’s stocks or other invest- preceding a primary election and the 60-day than the date that is 15 days after the date ments; period preceding a general election, the Com- on which an individual becomes a candidate ‘‘(iii) bequests to the candidate; mission shall conduct random audits of des- for the office of Senator, the candidate shall ‘‘(iv) income from trusts established before ignated market areas to ensure that each file a declaration stating the total amount of the beginning of the election cycle; television broadcast station, and provider of expenditures from personal funds that the ‘‘(v) income from trusts established by be- cable or satellite television service, in those candidate intends to make, or to obligate to quest after the beginning of the election markets is allocating television broadcast make, with respect to the election that will cycle of which the candidate is the bene- advertising time in accordance with this sec- exceed the State-by-State competitive and ficiary; tion and section 312. fair campaign formula with— ‘‘(vi) gifts of a personal nature that had ‘‘(2) MARKETS.—The random audits con- ‘‘(I) the Commission; and been customarily received by the candidate ducted under paragraph (1) shall cover the ‘‘(II) each candidate in the same election. prior to the beginning of the election cycle; following markets: ‘‘(iii) INITIAL NOTIFICATION.—Not later than and ‘‘(A) At least 6 of the top 50 largest des- 24 hours after a candidate described in clause ‘‘(vii) proceeds from lotteries and similar ignated market areas (as defined in section (ii) makes or obligates to make an aggregate legal games of chance; and 122(j)(2)(C) of title 17, United States Code). amount of expenditures from personal funds ‘‘(C) a portion of assets that are jointly ‘‘(B) At least 3 of the 51–100 largest des- in excess of 2 times the threshold amount in owned by the candidate and the candidate’s ignated market areas (as so defined). connection with any election, the candidate spouse equal to the candidate’s share of the ‘‘(C) At least 3 of the 101–150 largest des- shall file a notification with— asset under the instrument of conveyance or ignated market areas (as so defined). ‘‘(I) the Commission; and ownership, but if no specific share is indi- ‘‘(D) At least 3 of the 151–210 largest des- ‘‘(II) each candidate in the same election. cated by an instrument of conveyance or ignated market areas (as so defined). ‘‘(iv) ADDITIONAL NOTIFICATION.—After a ownership, the value of 1⁄2 of the property.’’. ‘‘(3) BROADCAST STATIONS.—Each random candidate files an initial notification under SEC. 305. TELEVISION MEDIA RATES. audit shall include each of the 3 largest tele- clause (iii), the candidate shall file an addi- (a) LOWEST UNIT CHARGE.—Subsection (b) vision broadcast networks, 1 independent tional notification each time expenditures of section 315 of the Communications Act of network, and 1 cable network.’’. from personal funds are made or obligated to 1934 (47 U.S.C. 315) is amended— (e) DEFINITION OF BROADCASTING STATION.— be made in an aggregate amount that exceed (1) by striking ‘‘(b) The charges’’ and in- Subsection (e)(1) of section 315 of such Act $10,000 with— serting the following: (47 U.S.C. 315(e)(1)), as redesignated by sub- ‘‘(I) the Commission; and ‘‘(b) CHARGES.— section (c)(1) of this section, is amended by ‘‘(II) each candidate in the same election. ‘‘(1) IN GENERAL.—Except as provided in inserting ‘‘, a television broadcast station, Such notification shall be filed not later paragraph (2), the charges’’; and a provider of cable or satellite television than 24 hours after the expenditure is made. (2) by redesignating paragraphs (1) and (2) service’’ before the semicolon. ‘‘(v) CONTENTS.—A notification under as subparagraphs (A) and (B), respectively; (f) STYLISTIC AMENDMENTS.—Section 315 of clause (iii) or (iv) shall include— and such Act (47 U.S.C. 315) is amended— ‘‘(I) the name of the candidate and the of- (3) by adding at the end the following: (1) in subsection (a), by inserting ‘‘IN GEN- fice sought by the candidate; ‘‘(2) TELEVISION.—The charges made for the ERAL.—’’ before ‘‘If any’’; ‘‘(II) the date and amount of each expendi- use of any television broadcast station, or by (2) in subsection (e), as redesignated by ture; and a provider of cable or satellite television subsection (c)(1) of this section, by inserting ‘‘(III) the total amount of expenditures service, to any person who is a legally quali- ‘‘DEFINITIONS.—’’ before ‘‘For purposes’’; and from personal funds that the candidate has fied candidate for any public office in con- (3) in subsection (f), as so redesignated, by made, or obligated to make, with respect to nection with the campaign of such candidate inserting ‘‘REGULATIONS.—’’ before ‘‘The an election as of the date of the expenditure for nomination for election, or election, to Commission’’. that is the subject of the notification. such office shall not exceed, during the peri- ‘‘(C) NOTIFICATION OF DISPOSAL OF EXCESS SEC. 306. LIMITATION ON AVAILABILITY OF LOW- ods referred to in paragraph (1)(A), the low- EST UNIT CHARGE FOR FEDERAL CONTRIBUTIONS.—In the next regularly sched- est charge of the station (at any time during CANDIDATES ATTACKING OPPOSI- uled report after the date of the election for TION. which a candidate seeks nomination for elec- the 180-day period preceding the date of the tion to, or election to, Federal office, the use) for the same amount of time for the (a) IN GENERAL.—Section 315(b) of the Com- candidate or the candidate’s authorized com- same period.’’. munications Act of 1934 (47 U.S.C. 315(b)), as mittee shall submit to the Commission a re- (b) RATE AVAILABLE FOR NATIONAL PAR- amended by this Act, is amended by adding port indicating the source and amount of TIES.—Section 315(b)(2) of such Act (47 U.S.C. at the end the following: any excess contributions (as determined 315(b)(2), as added by subsection (a)(3), is ‘‘(3) CONTENT OF BROADCASTS.— under paragraph (1) of section 315(i)) and the amended by inserting ‘‘, or to a national ‘‘(A) IN GENERAL.—In the case of a can- manner in which the candidate or the can- committee of a political party making ex- didate for Federal office, such candidate didate’s authorized committee used such penditures under section 315(d) of the Fed- shall not be entitled to receive the rate funds. eral Election Campaign Act of 1971 on behalf under paragraph (1)(A) or (2) for the use of ‘‘(D) ENFORCEMENT.—For provisions proof such candidate in connection with such any broadcasting station unless the can- viding for the enforcement of the reporting campaign,’’ after ‘‘such office’’. didate provides written certification to the requirements under this paragraph, see sec- (c) PREEMPTION.—Section 315 of such Act broadcast station that the candidate (and tion 309.’’. (47 U.S.C. 315) is amended— any authorized committee of the candidate) (c) DEFINITIONS.—Section 301 of the Federal (1) by redesignating subsections (c) and (d) shall not make any direct reference to an- Election Campaign Act of 1971 (2 U.S.C. 431), as subsections (e) and (f), respectively; and other candidate for the same office, in any as amended by section 101(b), is further (2) by inserting after subsection (b) the fol- broadcast using the rights and conditions of amended by adding at the end the following: lowing new subsection: access under this Act, unless such reference ‘‘(25) ELECTION CYCLE.—The term ‘election ‘‘(c) PREEMPTION.— meets the requirements of subparagraph (C) cycle’ means the period beginning on the day ‘‘(1) IN GENERAL.—Except as provided in or (D). after the date of the most recent election for paragraph (2), a licensee shall not preempt ‘‘(B) LIMITATION ON CHARGES.—If a can- the specific office or seat that a candidate is the use of a television broadcast station, or didate for Federal office (or any authorized seeking and ending on the date of the next a provider of cable or satellite television committee of such candidate) makes a ref- election for that office or seat. For purposes service, by an eligible candidate or political erence described in subparagraph (A) in any

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.014 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H399 broadcast that does not meet the require- promulgated under this paragraph once such SEC. 309. DONATIONS TO PRESIDENTIAL INAU- ments of subparagraph (C) or (D), such can- software is made available to such can- GURAL COMMITTEE. didate shall not be entitled to receive the didate. (a) IN GENERAL.—Chapter 5 of title 36, rate under paragraph (1)(A) or (2) for such ‘‘(D) REQUIRED POSTING.—The Commission United States Code, is amended by— broadcast or any other broadcast during any shall, as soon as practicable, post on the (1) redesignating section 510 as section 511; portion of the 45-day and 60-day periods de- Internet any information received under this and scribed in paragraph (1)(A), that occur on or paragraph.’’. (2) inserting after section 509 the following: after the date of such broadcast, for election SEC. 308. MODIFICATION OF CONTRIBUTION LIM- ‘‘§ 510. Disclosure of and prohibition on cer- to such office. ITS. tain donations ‘‘(C) TELEVISION BROADCASTS.—A candidate (a) INCREASE IN INDIVIDUAL LIMITS FOR CER- ‘‘(a) IN GENERAL.—A committee shall not meets the requirements of this subparagraph TAIN CONTRIBUTIONS.—Section 315(a)(1) of the be considered to be the Inaugural Committee if, in the case of a television broadcast, at Federal Election Campaign Act of 1971 (2 for purposes of this chapter unless the com- the end of such broadcast there appears si- U.S.C. 441a(a)(1)) is amended— mittee agrees to, and meets, the require- multaneously, for a period no less than 4 sec- (1) in subparagraph (A), by striking ments of subsections (b) and (c). onds— ‘‘(b) DISCLOSURE.— ‘‘$1,000’’ and inserting the following: ‘‘$2,000 ‘‘(i) a clearly identifiable photographic or ‘‘(1) IN GENERAL.—Not later than the date (or, in the case of a candidate for Represent- similar image of the candidate; and that is 90 days after the date of the Presi- ative in or Delegate or Resident Commis- ‘‘(ii) a clearly readable printed statement, dential inaugural ceremony, the committee sioner to the Congress, $1,000)’’; and identifying the candidate and stating that shall file a report with the Federal Election (2) in subparagraph (B), by striking the candidate has approved the broadcast Commission disclosing any donation of ‘‘$20,000’’ and inserting ‘‘$25,000’’. and that the candidate’s authorized com- money or anything of value made to the mittee paid for the broadcast. (b) INCREASE IN ANNUAL AGGREGATE LIMIT committee in an aggregate amount equal to ON INDIVIDUAL CONTRIBUTIONS.—Section ‘‘(D) RADIO BROADCASTS.—A candidate or greater than $200. 315(a)(3) of the Federal Election Campaign meets the requirements of this subparagraph ‘‘(2) CONTENTS OF REPORT.—A report filed if, in the case of a radio broadcast, the Act of 1971 (2 U.S.C. 441a(a)(3)) is amended to under paragraph (1) shall contain— broadcast includes a personal audio state- read as follows: ‘‘(A) the amount of the donation; ment by the candidate that identifies the ‘‘(3) During the period which begins on ‘‘(B) the date the donation is received; and candidate, the office the candidate is seek- January 1 of an odd-numbered year and ends ‘‘(C) the name and address of the person ing, and indicates that the candidate has ap- on December 31 of the next even-numbered making the donation. proved the broadcast. year, no individual may make contributions ‘‘(c) LIMITATION.—The committee shall not ‘‘(E) CERTIFICATION.—Certifications under aggregating more than— accept any donation from a foreign national this section shall be provided and certified as ‘‘(A) $37,500, in the case of contributions to (as defined in section 319(b) of the Federal accurate by the candidate (or any authorized candidates and the authorized committees of Election Campaign Act of 1971 (2 U.S.C. committee of the candidate) at the time of candidates; 441e(b))).’’. purchase. ‘‘(B) $57,500, in the case of any other con- (b) REPORTS MADE AVAILABLE BY FEC.— ‘‘(F) DEFINITIONS.—For purposes of this tributions, of which not more than $37,500 Section 304 of the Federal Election Cam- paragraph, the terms ‘authorized committee’ may be attributable to contributions to po- paign Act of 1971 (2 U.S.C. 434), as amended and ‘Federal office’ have the meanings given litical committees which are not political by sections 103, 201, and 212 is amended by such terms by section 301 of the Federal committees of national political parties.’’. adding at the end the following: Election Campaign Act of 1971 (2 U.S.C. (c) INCREASE IN SENATORIAL CAMPAIGN COM- ‘‘(h) REPORTS FROM INAUGURAL COMMIT- 431).’’. MITTEE LIMIT.—Section 315(h) of the Federal TEES.—The Federal Election Commission (b) CONFORMING AMENDMENT.—Section Election Campaign Act of 1971 (2 U.S.C. shall make any report filed by an Inaugural 315(b)(1)(A) of the Communications Act of 441a(h)) is amended by striking ‘‘$17,500’’ and Committee under section 510 of title 36, 1934 (47 U.S.C. 315(b)(1)(A)), as amended by inserting ‘‘$35,000’’. United States Code, accessible to the public this Act, is amended by inserting ‘‘subject to (d) INDEXING OF CONTRIBUTION LIMITS.— at the offices of the Commission and on the paragraph (3),’’ before ‘‘during the forty-five Section 315(c) of the Federal Election Cam- Internet not later than 48 hours after the re- days’’. paign Act of 1971 (2 U.S.C. 441a(c)) is amend- port is received by the Commission.’’. (c) EFFECTIVE DATE.—The amendments ed— SEC. 310. PROHIBITION ON FRAUDULENT SOLICI- made by this section shall apply to broad- (1) in paragraph (1)— TATION OF FUNDS. casts made after the effective date of this (A) by striking the second and third sen- Section 322 of the Federal Election Cam- Act. tences; paign Act of 1971 (2 U.S.C. 441h) is amended— SEC. 307. SOFTWARE FOR FILING REPORTS AND (B) by inserting ‘‘(A)’’ before ‘‘At the be- (1) by inserting ‘‘(a) IN GENERAL.—’’ before PROMPT DISCLOSURE OF CON- ginning’’; and ‘‘No person’’; and TRIBUTIONS. (C) by adding at the end the following: (2) by adding at the end the following: Section 304(a) of the Federal Election Cam- ‘‘(b) FRAUDULENT SOLICITATION OF FUNDS.— paign Act of 1971 (2 U.S.C. 434(a)) is amended ‘‘(B) Except as provided in subparagraph No person shall— by adding at the end the following: (C), in any calendar year after 2002— ‘‘(1) fraudulently misrepresent the person ‘‘(12) SOFTWARE FOR FILING OF REPORTS.— ‘‘(i) a limitation established by subsections as speaking, writing, or otherwise acting for ‘‘(A) IN GENERAL.—The Commission shall— (a)(1)(A), (a)(1)(B), (a)(3), (b), (d), or (h) shall or on behalf of any candidate or political ‘‘(i) promulgate standards to be used by be increased by the percent difference deter- party or employee or agent thereof for the vendors to develop software that— mined under subparagraph (A); purpose of soliciting contributions or dona- ‘‘(I) permits candidates to easily record in- ‘‘(ii) each amount so increased shall re- tions; or formation concerning receipts and disburse- main in effect for the calendar year; and ‘‘(2) willfully and knowingly participate in ments required to be reported under this Act ‘‘(iii) if any amount after adjustment or conspire to participate in any plan, at the time of the receipt or disbursement; under clause (i) is not a multiple of $100, scheme, or design to violate paragraph (1).’’. such amount shall be rounded to the nearest ‘‘(II) allows the information recorded under SEC. 311. STUDY AND REPORT ON CLEAN MONEY subclause (I) to be transmitted immediately multiple of $100. CLEAN ELECTIONS LAWS. to the Commission; and ‘‘(C) In the case of limitations under sub- (a) CLEAN MONEY CLEAN ELECTIONS DE- ‘‘(III) allows the Commission to post the sections (a)(1)(A), (a)(1)(B), (a)(3), and (h), in- FINED.—In this section, the term ‘‘clean information on the Internet immediately creases shall only be made in odd-numbered money clean elections’’ means funds received upon receipt; and years and such increases shall remain in ef- under State laws that provide in whole or in ‘‘(ii) make a copy of software that meets fect for the 2-year period beginning on the part for the public financing of election cam- the standards promulgated under clause (i) first day following the date of the last gen- paigns. available to each person required to file a eral election in the year preceding the year (b) STUDY.— designation, statement, or report in elec- in which the amount is increased and ending (1) IN GENERAL.—The Comptroller General tronic form under this Act. on the date of the next general election.’’; shall conduct a study of the clean money ‘‘(B) ADDITIONAL INFORMATION.—To the ex- and clean elections of Arizona and Maine. tent feasible, the Commission shall require (2) in paragraph (2)(B), by striking ‘‘means (2) MATTERS STUDIED.— vendors to include in the software developed the calendar year 1974’’ and inserting (A) STATISTICS ON CLEAN MONEY CLEAN under the standards under subparagraph (A) ‘‘means— ELECTIONS CANDIDATES.—The Comptroller the ability for any person to file any des- ‘‘(i) for purposes of subsections (b) and (d), General shall determine— ignation, statement, or report required calendar year 1974; and (i) the number of candidates who have cho- under this Act in electronic form. ‘‘(ii) for purposes of subsections (a)(1)(A), sen to run for public office with clean money ‘‘(C) REQUIRED USE.—Notwithstanding any (a)(1)(B), (a)(3), and (h), calendar year 2001’’. clean elections including— provision of this Act relating to times for fil- (e) EFFECTIVE DATE.—The amendments (I) the office for which they were can- ing reports, each candidate for Federal office made by this section shall apply with respect didates; (or that candidate’s authorized committee) to contributions made on or after January 1, (II) whether the candidate was an incum- shall use software that meets the standards 2003. bent or a challenger; and

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.014 pfrm03 PsN: H13PT2 H400 CONGRESSIONAL RECORD — HOUSE February 13, 2002 (III) whether the candidate was successful radio or television shall include, in addition (3) Assure reasonable consistency with in the candidate’s bid for public office; and to the requirements of that paragraph, in a other relevant directives and guidelines of (ii) the number of races in which at least clearly spoken manner, the following audio the Commission. one candidate ran an election with clean statement: ‘lllll is responsible for the (4) Account for aggravating or mitigating money clean elections. content of this advertising.’ (with the blank circumstances that might justify exceptions, (B) EFFECTS OF CLEAN MONEY CLEAN ELEC- to be filled in with the name of the political including circumstances for which the sen- TIONS.—The Comptroller General of the committee or other person paying for the tencing guidelines currently provide sen- United States shall describe the effects of communication and the name of any con- tencing enhancements. public financing under the clean money nected organization of the payor). If trans- (5) Assure the guidelines adequately meet clean elections laws on the 2000 elections in mitted through television, the statement the purposes of sentencing under section Arizona and Maine. shall be conveyed by an unobscured, full- 3553(a)(2) of title 18, United States Code. (c) REPORT.—Not later than 1 year after screen view of a representative of the polit- (c) EFFECTIVE DATE; EMERGENCY AUTHOR- the date of enactment of this Act, the Comp- ical committee or other person making the ITY TO PROMULGATE GUIDELINES.— troller General of the United States shall statement, or by a representative of such po- (1) EFFECTIVE DATE.—Notwithstanding sec- submit a report to the Congress detailing the litical committee or other person in voice- tion 402, the United States Sentencing Com- results of the study conducted under sub- over, and shall also appear in a clearly read- mission shall promulgate guidelines under section (b). able manner with a reasonable degree of this section not later than the later of— SEC. 312. CLARITY STANDARDS FOR IDENTIFICA- color contrast between the background and (A) 90 days after the effective date of this TION OF SPONSORS OF ELECTION- the printed statement, for a period of at Act; or RELATED ADVERTISING. least 4 seconds.’’. (B) 90 days after the date on which at least Section 318 of the Federal Election Cam- a majority of the members of the Commis- paign Act of 1971 (2 U.S.C. 441d) is amended— SEC. 313. INCREASE IN PENALTIES. sion are appointed and holding office. (1) in subsection (a)— (a) IN GENERAL.—Subparagraph (A) of sec- (2) EMERGENCY AUTHORITY TO PROMULGATE (A) in the matter preceding paragraph (1)— tion 309(d)(1) of the Federal Election Cam- paign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is GUIDELINES.—The Commission shall promul- (i) by striking ‘‘Whenever’’ and inserting gate guidelines under this section in accord- ‘‘Whenever a political committee makes a amended to read as follows: ‘‘(A) Any person who knowingly and will- ance with the procedures set forth in section disbursement for the purpose of financing 21(a) of the Sentencing Reform Act of 1987, as any communication through any broad- fully commits a violation of any provision of this Act which involves the making, receiv- though the authority under such Act has not casting station, newspaper, magazine, out- expired. door advertising facility, mailing, or any ing, or reporting of any contribution, donation, or expenditure— SEC. 316. INCREASE IN PENALTIES IMPOSED FOR other type of general public political adver- VIOLATIONS OF CONDUIT CON- tising, or whenever’’; ‘‘(i) aggregating $25,000 or more during a calendar year shall be fined under title 18, TRIBUTION BAN. (ii) by striking ‘‘an expenditure’’ and in- (a) INCREASE IN CIVIL MONEY PENALTY FOR serting ‘‘a disbursement’’; and United States Code, or imprisoned for not more than 5 years, or both; or KNOWING AND WILLFUL VIOLATIONS.—Section (iii) by striking ‘‘direct’’; and 309(a) of the Federal Election Campaign Act (iv) by inserting ‘‘or makes a disbursement ‘‘(ii) aggregating $2,000 or more (but less than $25,000) during a calendar year shall be of 1971 (2 U.S.C. 437g(a)) is amended— for an electioneering communication (as de- (1) in paragraph (5)(B), by inserting before fined in section 304(f)(3))’’ after ‘‘public polit- fined under such title, or imprisoned for not more than one year, or both.’’. the period at the end the following: ‘‘(or, in ical advertising’’; and the case of a violation of section 320, which (B) in paragraph (3), by inserting ‘‘and per- (b) EFFECTIVE DATE.—The amendment made by this section shall apply to viola- is not less than 300 percent of the amount in- manent street address, telephone number, or volved in the violation and is not more than World Wide Web address’’ after ‘‘name’’; and tions occurring on or after the effective date of this Act. the greater of $50,000 or 1000 percent of the (2) by adding at the end the following: amount involved in the violation)’’; and SEC. 314. STATUTE OF LIMITATIONS. ‘‘(c) SPECIFICATION.—Any printed commu- (2) in paragraph (6)(C), by inserting before (a) IN GENERAL.—Section 406(a) of the Fed- nication described in subsection (a) shall— the period at the end the following: ‘‘(or, in eral Election Campaign Act of 1971 (2 U.S.C. ‘‘(1) be of sufficient type size to be clearly the case of a violation of section 320, which 455(a)) is amended by striking ‘‘3’’ and insert- readable by the recipient of the communica- is not less than 300 percent of the amount in- ing ‘‘5’’. tion; volved in the violation and is not more than (b) EFFECTIVE DATE.—The amendment ‘‘(2) be contained in a printed box set apart the greater of $50,000 or 1000 percent of the from the other contents of the communica- made by this section shall apply to violations occurring on or after the effective date amount involved in the violation)’’. tion; and (b) INCREASE IN CRIMINAL PENALTY.—Sec- of this Act. ‘‘(3) be printed with a reasonable degree of tion 309(d)(1) of such Act (2 U.S.C. 437g(d)(1)) color contrast between the background and SEC. 315. SENTENCING GUIDELINES. is amended by adding at the end the fol- the printed statement. (a) IN GENERAL.—The United States Sen- lowing new subparagraph: ‘‘(d) ADDITIONAL REQUIREMENTS.— tencing Commission shall— ‘‘(D) Any person who knowingly and will- ‘‘(1) COMMUNICATIONS BY CANDIDATES OR AU- (1) promulgate a guideline, or amend an ex- fully commits a violation of section 320 in- THORIZED PERSONS.— isting guideline under section 994 of title 28, volving an amount aggregating more than ‘‘(A) BY RADIO.—Any communication de- United States Code, in accordance with para- $10,000 during a calendar year shall be— scribed in paragraph (1) or (2) of subsection graph (2), for penalties for violations of the ‘‘(i) imprisoned for not more than 2 years if (a) which is transmitted through radio shall Federal Election Campaign Act of 1971 and the amount is less than $25,000 (and subject include, in addition to the requirements of related election laws; and to imprisonment under subparagraph (A) if that paragraph, an audio statement by the (2) submit to Congress an explanation of the amount is $25,000 or more); candidate that identifies the candidate and any guidelines promulgated under paragraph ‘‘(ii) fined not less than 300 percent of the states that the candidate has approved the (1) and any legislative or administrative rec- amount involved in the violation and not communication. ommendations regarding enforcement of the more than the greater of— ‘‘(B) BY TELEVISION.—Any communication Federal Election Campaign Act of 1971 and ‘‘(I) $50,000; or described in paragraph (1) or (2) of subsection related election laws. ‘‘(II) 1,000 percent of the amount involved (a) which is transmitted through television (b) CONSIDERATIONS.—The Commission in the violation; or shall include, in addition to the require- shall provide guidelines under subsection (a) ‘‘(iii) both imprisoned under clause (i) and ments of that paragraph, a statement that taking into account the following consider- fined under clause (ii).’’. identifies the candidate and states that the ations: (c) EFFECTIVE DATE.—The amendments candidate has approved the communication. (1) Ensure that the sentencing guidelines made by this section shall apply with respect Such statement— and policy statements reflect the serious na- to violations occurring on or after the effec- ‘‘(i) shall be conveyed by— ture of such violations and the need for ag- tive date of this Act. ‘‘(I) an unobscured, full-screen view of the gressive and appropriate law enforcement ac- SEC. 317. RESTRICTION ON INCREASED CON- candidate making the statement, or tion to prevent such violations. TRIBUTION LIMITS BY TAKING INTO ‘‘(II) the candidate in voice-over, accom- (2) Provide a sentencing enhancement for ACCOUNT CANDIDATE’S AVAILABLE panied by a clearly identifiable photographic any person convicted of such violation if FUNDS. or similar image of the candidate; and such violation involves— Section 315(i)(1) of the Federal Election ‘‘(ii) shall also appear in writing at the end (A) a contribution, donation, or expendi- Campaign Act of 1971 (2 U.S.C. 441a(i)(1)), as of the communication in a clearly readable ture from a foreign source; added by this Act, is amended by adding at manner with a reasonable degree of color (B) a large number of illegal transactions; the end the following: contrast between the background and the (C) a large aggregate amount of illegal ‘‘(E) SPECIAL RULE FOR CANDIDATE’S CAM- printed statement, for a period of at least 4 contributions, donations, or expenditures; PAIGN FUNDS.— seconds. (D) the receipt or disbursement of govern- ‘‘(i) IN GENERAL.—For purposes of deter- ‘‘(2) COMMUNICATIONS BY OTHERS.—Any mental funds; and mining the aggregate amount of expendi- communication described in paragraph (3) of (E) an intent to achieve a benefit from the tures from personal funds under subpara- subsection (a) which is transmitted through Federal Government. graph (D)(ii), such amount shall include the

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.014 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H401

gross receipts advantage of the candidate’s the Federal Election Commission shall pro- (c) COORDINATION WITH OTHER AGENCIES.— authorized committee. mulgate regulations to carry out title I of Any Federal executive agency receiving elec- ‘‘(ii) GROSS RECEIPTS ADVANTAGE.—For pur- this Act and the amendments made by such tion-related information which that agency poses of clause (i), the term ‘gross receipts title. Not later than 270 days after the date is required by law to publicly disclose shall advantage’ means the excess, if any, of— of the enactment of this Act, the Federal cooperate and coordinate with the Federal ‘‘(I) the aggregate amount of 50 percent of Election Commission shall promulgate regu- Election Commission to make such report gross receipts of a candidate’s authorized lations to carry out all other titles of this available through, or for posting on, the site committee during any election cycle (not in- Act and all other amendments made by this of the Federal Election Commission in a cluding contributions from personal funds of Act which are under the Commission’s juris- timely manner. diction. the candidate) that may be expended in con- SEC. 503. ADDITIONAL DISCLOSURE REPORTS. nection with the election, as determined on SEC. 403. JUDICIAL REVIEW. (a) PRINCIPAL CAMPAIGN COMMITTEES.—Sec- June 30 and December 31 of the year pre- (a) SPECIAL RULES FOR ACTIONS BROUGHT tion 304(a)(2)(B) of the Federal Election Cam- ceding the year in which a general election is ON CONSTITUTIONAL GROUNDS.—If any action paign Act of 1971 is amended by striking ‘‘the held, over is brought for declaratory or injunctive re- following reports’’ and all that follows ‘‘(II) the aggregate amount of 50 percent of lief to challenge the constitutionality of any through the period and inserting ‘‘the treas- gross receipts of the opposing candidate’s au- provision of this Act or any amendment urer shall file quarterly reports, which shall thorized committee during any election made by this Act, the following rules shall be filed not later than the 15th day after the cycle (not including contributions from per- apply: last day of each calendar quarter, and which sonal funds of the candidate) that may be ex- (1) The action shall be filed in the United shall be complete as of the last day of each pended in connection with the election, as States District Court for the District of Co- calendar quarter, except that the report for determined on June 30 and December 31 of lumbia and shall be heard by a 3-judge court the quarter ending December 31 shall be filed the year preceding the year in which a gen- convened pursuant to section 2284 of title 28, not later than January 31 of the following eral election is held.’’. United States Code. calendar year.’’. SEC. 318. CLARIFICATION OF RIGHT OF NATION- (2) A copy of the complaint shall be deliv- ALS OF THE UNITED STATES TO ered promptly to the Clerk of the House of (b) NATIONAL COMMITTEE OF A POLITICAL MAKE POLITICAL CONTRIBUTIONS. Representatives and the Secretary of the PARTY.—Section 304(a)(4) of such Act (2 Section 319(b)(2) of the Federal Election Senate. U.S.C. 434(a)(4)) is amended by adding at the Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is (3) A final decision in the action shall be end the following flush sentence: ‘‘Notwith- amended by inserting after ‘‘United States’’ reviewable only by appeal directly to the Su- standing the preceding sentence, a national the following: ‘‘or a national of the United preme Court of the United States. Such ap- committee of a political party shall file the States (as defined in section 101(a)(22) of the peal shall be taken by the filing of a notice reports required under subparagraph (B).’’. Immigration and Nationality Act)’’. of appeal within 10 days, and the filing of a SEC. 504. PUBLIC ACCESS TO BROADCASTING SEC. 319. PROHIBITION OF CONTRIBUTIONS BY jurisdictional statement within 30 days, of RECORDS. MINORS. the entry of the final decision. Section 315 of the Communications Act of Title III of the Federal Election Campaign (4) It shall be the duty of the United States 1934 (47 U.S.C. 315), as amended by this Act, Act of 1971 (2 U.S.C. 431 et seq.), as amended District Court for the District of Columbia is amended by redesignating subsections (e) by section 101, is further amended by adding and the Supreme Court of the United States and (f) as subsections (f) and (g), respec- at the end the following new section: to advance on the docket and to expedite to tively, and inserting after subsection (d) the the greatest possible extent the disposition ‘‘PROHIBITION OF CONTRIBUTIONS BY MINORS following: of the action and appeal. ‘‘(e) POLITICAL RECORD.— ‘‘SEC. 324. An individual who is 17 years old (b) INTERVENTION BY MEMBERS OF CON- ‘‘(1) IN GENERAL.—A licensee shall main- or younger shall not make a contribution to GRESS.—In any action in which the constitu- a candidate or a contribution or donation to tionality of any provision of this Act or any tain, and make available for public inspec- a committee of a political party.’’. amendment made by this Act is raised (in- tion, a complete record of a request to purchase broadcast time that— TITLE IV—SEVERABILITY; EFFECTIVE cluding but not limited to an action de- ‘‘(A) is made by or on behalf of a legally DATE scribed in subsection (a)), any member of the qualified candidate for public office; or SEC. 401. SEVERABILITY. House of Representatives (including a Dele- gate or Resident Commissioner to the Con- ‘‘(B) communicates a message relating to If any provision of this Act or amendment gress) or Senate shall have the right to in- any political matter of national importance, made by this Act, or the application of a pro- tervene either in support of or opposition to including— vision or amendment to any person or cir- the position of a party to the case regarding ‘‘(i) a legally qualified candidate; cumstance, is held to be unconstitutional, the constitutionality of the provision or ‘‘(ii) any election to Federal office; or the remainder of this Act and amendments amendment. To avoid duplication of efforts ‘‘(iii) a national legislative issue of public made by this Act, and the application of the and reduce the burdens placed on the parties importance. provisions and amendment to any person or to the action, the court in any such action ‘‘(2) CONTENTS OF RECORD.—A record main- circumstance, shall not be affected by the may make such orders as it considers nec- tained under paragraph (1) shall contain in- holding. essary, including orders to require interve- formation regarding— SEC. 402. EFFECTIVE DATE. nors taking similar positions to file joint pa- ‘‘(A) whether the request to purchase (a) IN GENERAL.—Except as otherwise pro- pers or to be represented by a single attor- broadcast time is accepted or rejected by the vided in section 308 and subsection (b), this ney at oral argument. licensee; Act and the amendments made by this Act TITLE V—ADDITIONAL DISCLOSURE ‘‘(B) the rate charged for the broadcast shall take effect November 6, 2002. PROVISIONS time; (b) TRANSITION RULE FOR SPENDING OF ‘‘(C) the date and time on which the com- SEC. 501. INTERNET ACCESS TO RECORDS. FUNDS BY NATIONAL PARTIES.—If a national munication is aired; Section 304(a)(11)(B) of the Federal Elec- committee of a political party described in ‘‘(D) the class of time that is purchased; tion Campaign Act of 1971 (2 U.S.C. section 323(a)(1) of the Federal Election Cam- ‘‘(E) the name of the candidate to which 434(a)(11)(B)) is amended to read as follows: paign Act of 1971 (as added by section 101(a)), ‘‘(B) The Commission shall make a des- the communication refers and the office to including any person who is subject to such ignation, statement, report, or notification which the candidate is seeking election, the section, has received funds described in such that is filed with the Commission under this election to which the communication refers, section prior to the effective date described Act available for inspection by the public in or the issue to which the communication rein subsection (a), the following rules shall the offices of the Commission and accessible fers (as applicable); apply with respect to the spending of such to the public on the Internet not later than ‘‘(F) in the case of a request made by, or on funds by such committee: 48 hours (or not later than 24 hours in the behalf of, a candidate, the name of the can- (1) Prior to January 1, 2003, the committee case of a designation, statement, report, or didate, the authorized committee of the can- may spend such funds to retire outstanding notification filed electronically) after re- didate, and the treasurer of such committee; debts or obligations incurred prior to such ceipt by the Commission.’’. and effective date, so long as such debts or obli- SEC. 502. MAINTENANCE OF WEBSITE OF ELEC- ‘‘(G) in the case of any other request, the gations were incurred solely in connection TION REPORTS. name of the person purchasing the time, the with an election held on or before November (a) IN GENERAL.—The Federal Election name, address, and phone number of a con- 5, 2002 (or any runoff election or recount re- Commission shall maintain a central site on tact person for such person, and a list of the sulting from such an election). the Internet to make accessible to the public chief executive officers or members of the (2) At any time after such effective date, all publicly available election-related re- executive committee or of the board of direc- the committee may spend such funds for ac- ports and information. tors of such person. tivities which are solely to defray the costs (b) ELECTION-RELATED REPORT.—In this ‘‘(3) TIME TO MAINTAIN FILE.—The informa- of the construction or purchase of any office section, the term ‘‘election-related report’’ tion required under this subsection shall be building or facility. means any report, designation, or statement placed in a political file as soon as possible (c) REGULATIONS.—Not later than 90 days required to be filed under the Federal Elec- and shall be retained by the licensee for a pe- after the date of the enactment of this Act, tion Campaign Act of 1971. riod of not less than 2 years.’’.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.014 pfrm03 PsN: H13PT2 H402 CONGRESSIONAL RECORD — HOUSE February 13, 2002 The CHAIRMAN. Pursuant to section We have crafted a bill that gets at Mr. NEY. Mr. Chairman, I yield 4 2 of House Resolution 344, the gen- the soft money system that is clearly minutes to the gentleman from Texas tleman from Connecticut (Mr. SHAYS) out of control. All one has to do is go (Mr. DELAY), the majority whip. and a Member opposed each will con- back to one’s home district and listen Mr. DELAY. Mr. Chairman, I appre- trol 20 minutes. to people talk about unlimited con- ciate the gentleman yielding me this Mr. NEY. Mr. Chairman, I claim the tributions to both political parties, time. time in opposition to the amendment. corporate contributions, union treas- Mr. Chairman, I rise in opposition to Mr. SHAYS. Mr. Chairman, for the ury dues being used for political cam- this substitute, to the substitute to the purposes of yielding, I yield 5 minutes paigns, and wealthy individuals con- substitute to the substitute for Shays- to the gentleman from Maryland (Mr. tributing unlimited amounts of money Meehan. With this substitute, I say to HOYER) and 71⁄2 minutes to the gen- to the parties. my colleagues, if we pass this sub- tleman from Massachusetts (Mr. MEE- Mr. Chairman, Senator MCCAIN once stitute, we can no longer call it cam- HAN), and I ask unanimous consent said that it is going to take a scandal paign finance reform, it is now cam- that they be permitted to control that to get this bill passed. That was back paign finance regulation, because with time. two or three scandals ago when we this substitute more loopholes are cre- The CHAIRMAN. Is there objection were looking at foreign nationals com- ated, more changes are made, and to the request of the gentleman from ing in and contributing millions of dol- those changes are made to satisfy peo- Connecticut? lars. The latest one is Enron, $4 million ple’s own special interests, either in There was no objection. over the last 10 years in soft money; 70 the Senate or in the House. This sub- Mr. SHAYS. Mr. Chairman, I yield stitute pits the national parties myself such time as I may consume. percent of all of the money that Enron against special interest groups, unions Mr. Chairman, I would just say that has contributed since 1995, soft money, this is, in fact, the amendment that including nearly $2 million in the last and others, and weakens our national has worked its way through the House election cycle. party system. This substitute, as we found out this on two occasions, in 1998 and 1999, and We face an historic vote. It is time morning, when written last night, on both occasions has been changed for the votes to be counted. The Con- wanted to protect the good soft money slightly. This amendment now has gress, the House has an opportunity to that the Democrat national parties gone to the Senate in which the Senate fundamentally change the soft money have already raised and the good soft worked on 21 amendments, and we met system that has been such an abuse with Senators from both sides of the over the last decade. The eyes of this money that they are going to raise be- aisle to learn what they needed in that entire country are looking at this tween now and the election by chang- bill in order for them to pass it, and we House to determine whether or not our ing the effective date. And they think we have worked out a bill that is bipartisanship and bicameral work will changed the effective date until the about 85 percent of what we had hoped pay off and send a bill over to the next election. Now, what is the dif- it would be in 1998 and 1999. This is not United States Senate and get it to the ference? If it is bad soft money, and if the identical bill that passed the President’s desk. it is corrupting like they say, then Chamber in 1998 and 1999, but it is darn I thank all of the Members on both what is the difference in doing it now close. sides of the aisle that have made this or after the election? The difference is I am asking this House to vote out moment possible. Now it is time for a they have a bunch of soft money that this substitute and allow this to be the gut check. All the Members who have they think is good now and they want base bill, so that we can then have the been for reform over the last several to use it. Not only that, but this cre- 10 amendments from the gentleman years have to look within themselves ates a system that allows them to bor- from Texas (Mr. ARMEY) and the 3 to show the courage, the independence, row soft money and hard money and amendments that will be offered by the the commitment to true reform, to then pay it off with soft money, a gentleman from Massachusetts (Mr. make this reform happen today in the brand new approach to campaign fi- MEEHAN) and myself, and by other House of Representatives. nance. It is regulation when you pick individuals. Mr. Chairman, I yield 1 minute to the winners and losers. Mr. Chairman, I reserve the balance gentlewoman from Connecticut (Ms. Now, they have said that they dis- of my time. DELAURO), who has played such a crit- agree, that my interpretation of their Mr. HOYER. Mr. Chairman, I yield ical role in our efforts to pass cam- language is wrong, and they tried it such time as he may consume to the paign finance reform. out on a couple of lawyers, a Mr. Larry distinguished gentleman from Michi- Ms. DELAURO. Mr. Chairman, today, Noble. Mr. Larry Noble happens to be a gan (Mr. DINGELL), the dean of the at long last, we are on the precipice of lobbyist for the Center of Responsive House. cleaning up our electoral system, of Politics. He is a former FEC counsel (Mr. DINGELL asked and was given standing up to special interests, stand- that was a pretty bad one. He lost al- permission to revise and extend his re- ing up for democracy. most every case that he ever brought marks.) This is an historic moment. We have before the FEC, and he writes that our Mr. DINGELL. Mr. Chairman, I rise the opportunity to end the era of un- interpretation is wrong. to assert my strong support for the regulated soft money. We may bring to Then, to add cynicism to this whole Shays-Meehan substitute and to urge a close a period when ordinary citizens process, they sent a person by the my colleagues to do likewise and to could not be heard above the clamor of name of Trevor Potter over to the Re- vote down all poison pills and crippling the special interests. Today is the day publican Tuesday Group. Now, Trevor amendments. Congress can say no to special treat- Potter is a lobbyist for the Campaign Mr. MEEHAN. Mr. Chairman, I yield ment. The people say no more Enrons. Finance Institute. He is on the board of myself such time as I may consume. I ask my colleagues, Democrats and Common Cause, and he was formerly Mr. Chairman, the bill before us rep- Republicans, to stand together to de- Senator McCain’s Presidential counsel. resents bipartisan, bicameral campaign fend this bill against the onslaught. He spoke to the Tuesday Group, told finance reform. A lot has been said on Our opposition will make certain that them one thing, and when we pull up the floor of the House relative to every vote on every amendment today his Website, he says something com- changes in this bill over a period of the pits us against one another, but the pletely different than what he told the last several months. This bill has been American people are fed up with busi- Republican Tuesday Group. a bipartisan, bicameral work in ness as usual. They stand with us as we Now, when a bunch of lawyers start progress over a period of the last sev- bring down the curtain on this era. going around, there is smoke, and eral years. I want to thank my Repub- We have a responsibility to strength- where there is smoke, there is fire. The lican colleagues, particularly the gen- en our democracy. Vote for the bipar- point is that I am no lawyer, so I am tleman from Connecticut (Mr. SHAYS) tisan Shays-Meehan substitute. Turn not encumbered. When I read this legis- for his efforts, as well as our colleagues aside the poison pill amendments so lation, it is quite clear that they can from both sides of the aisle in the other that in our political process we can em- borrow money, hard or soft, and pay it body. power people over money. off with soft money. They can do it.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.089 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H403 They are opening loopholes every- money spent by politicians for their Meehan bill. Vote for it and show our where. This is not reform. This is regu- campaigns, but does seriously restrict children that we want them to partici- lation. money spent by other groups and enti- pate, too. Mr. TOM DAVIS of Virginia. Mr. ties to talk about campaigns, and par- Mr. NEY. Mr. Chairman, I yield 2 Chairman, will the gentleman yield? ticularly that is true within the last 60 minutes to the gentleman from Mis- Mr. DELAY. I yield to the gentleman days of an election. sissippi (Mr. WICKER). from Virginia, the chairman of the The Supreme Court has made it very Mr. WICKER. Mr. Chairman, first of NRCC. clear that there are two types of all, I want to say I appreciate my Mr. TOM DAVIS of Virginia. Mr. money. Hard money; if you expressly friend, the gentleman from Con- Chairman, a statement was made ear- advocate the defeat or election of a necticut (Mr. SHAYS), frankly acknowl- lier that Trevor Potter has now dis- candidate, you can only use hard edging that the bill that is before us owned. For clarification, and this is money. But if you talk about issues today is different from the one that he the Website that I would ask be in- and tell people the way a candidate has been advocating in the past. cluded in the RECORD, the Website votes on an issue without expressly ad- I wonder, Mr. Chairman, however, if makes it very clear that it does not vocating his defeat or election, you can this has sunk in on the American peo- make reference to contributions or ex- use soft money. But Shays-Meehan ple, the fact that this is a substantially penditures; in other words, that the says that any ad run within 60 days of different bill and it was changed at Federal dollars goes along with what an election must use hard money. And midnight last night to accommodate the gentleman just said. Trevor Potter the Supreme Court and other Federal certain votes that were needed to enact is a trustee of the organization. It may courts have consistently said that if the legislation. One of the more egre- appear that he is now disowning the you create obstacles to participating in gious changes is the creation of a giant statement of the organization of which the election system in the democracy loophole in the so-called soft money he is on the letterhead. that we live in, then it is unconstitu- ban. Under the Shays-Meehan amend- There is just a lot of double-talk tional. So I do not think there is any ment, Members of Congress would be going on around here today. It looks to question that trying to deprive people allowed to raise soft money from 501(c) me like an honest drafting error, but it of speaking within the last 60 days of organizations. is a very serious error that changes the an election unless they meet all of the Now, these are special interest rule of the game that allows unlimited requirements in meeting the rules and groups that have a legitimate place in amounts of soft money to be spent as regulations set out by the Federal our society. However, if the Shays pro- Federal dollars in this election cycle, Election Commission, unless they are posal is enacted as it is now before us, and it is currently illegal. able to meet that hard burden, then the use of 501(c) organizations will Mr. DELAY. Mr. Chairman, reclaim- they are shut out of the political sys- drastically change. ing my time, I would just correct the tem. I urge a no vote on Shays-Meehan. Last year we all remember one ad gentleman. It is not an honest drafting Mr. MEEHAN. Mr. Chairman, I yield from a 501(c) coordinated organization error, it is intentional so that they can myself 15 seconds. in the Presidential campaign. The ad use their good soft money and pay for The gentleman from Kentucky says focused on the horrific death of a it later with other soft money. It is this is an incumbent protection bill. young man in Texas and criticized their use of soft money when they Look, under the soft money system in then-candidate Bush for not supporting stand before the American people say- the last election cycle, 98 percent of a proposal regarding hate crimes. By ing they are getting rid of this terrible the Members of Congress who ran for creating this loophole regarding spe- soft money. reelection were reelected. The cycle be- cial interest groups, sham 501(c) orga- Mr. HOYER. Mr. Chairman, I yield fore that under the soft money system, nizations will be popping up all over myself 35 seconds. 98 percent of the Members of Congress the country to funnel soft money to We believe the interpretation of the who ran for reelection were reelected. campaigns. Members will be able to get gentleman from Virginia and the ma- We could not have a system that is their biggest contributors to say, ‘‘I jority whip is absolutely incorrect; more friendly to incumbents than the know of a good government group that wrong. It does not do what they say it system we have right now. is involved in voter education. Would does. you please donate a million dollars to However, having said that, for the Mr. Chairman, I yield 1 minute to the gentlewoman from California (Ms. this good government group?’’ And RECORD, it is clearly the drafters’ in- then the good government group gets tent that it not allow, nor do we be- WOOLSEY). (Ms. WOOLSEY asked and was given involved in voter education and poli- lieve it does allow, the use of soft permission to revise and extend her re- tics in that Congressman’s district, money to pay hard money bills. So the interpretation is clear, and marks.) aiding or abetting the Congressman’s the intent is without question. The Ms. WOOLSEY. Mr. Chairman, today campaign. representations of the chairman of the the people’s House can clean up our Remember previous finance reforms? NRCC are incorrect. election system. We have a real They were supposed to fix our cam- Mr. NEY. Mr. Chairman, I yield 2 chance. paign system; instead they created new minutes to the gentleman from Ken- My constituents in Marin and loopholes. Mr. Chairman, this is a Sonoma Counties just north of San tucky (Mr. WHITFIELD). brand new loophole created at mid- Francisco across the Golden Gate night last night. I urge my colleagues b 1500 Bridge vote 85 percent every time we to oppose this Shay substitute for that Mr. WHITFIELD. Mr. Chairman, have an election. They come out. They very reason. when I think about the Shays-Meehan want to make sure that the Shays-Mee- Mr. MEEHAN. Mr. Chairman, I yield bill, I think of many people who have han bill is passed because they wisely 23⁄4 minutes to the gentleman from described it in the news media as an in- understand the influence of big money Massachusetts (Mr. FRANK). cumbent protection act. And I think on our government. My constituents Mr. FRANK. Mr. Chairman, I want to that adequately describes what this want fair campaign processes where ev- welcome converts. I do not always get bill is all about because we all know eryone’s involvement counts. They a chance to do that, but for years here that if you are an incumbent Member want a government that is trustworthy I have tried to defend freedom of ex- of Congress, it is very easy to raise and responsive to their needs, not the pression, free speech and the first hard money through political action needs of special interests. They want amendment. We have passed informa- committees. But if you are a chal- our children to have an election system tion censoring the Internet that was lenger to an incumbent, it is very dif- that they will be proud to participate thrown out unanimously by the Su- ficult to raise hard money, and you get in. preme Court. We have passed other re- your best support from soft money Without real reform we tell our chil- strictions. And, frankly, I have usually through issue advocacy ads. dren that only wealthy contributors found most of my friends on the other The only thing this legislation does have a voice in the political process. I side voting for these restrictions, but is it does not apply in any way to urge my colleagues support the Shays- today is the day of conversion.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.092 pfrm03 PsN: H13PT2 H404 CONGRESSIONAL RECORD — HOUSE February 13, 2002 The first amendment and freedom of Mr. MENENDEZ. Mr. Chairman, our subterfuge of soft money and issue ads speech have gained today defenders system of campaign finance is out of and independent expenditures and all that they have never had before. Unfor- control, drowning in money, including these things that are getting worse and tunately, I am afraid they will never the money of corporate polluters and worse because of you folks. You gave have them in the future either. But, for scam artists like the Enron crowd, and us the present law, and you are making instance, I was looking at the amend- in the process drowning out the voices it worse. But this loan provision is fan- ment that will be offered later by the of working Americans and their fami- tastic. majority leader in defense of the first lies. I want to draw everyone’s attention amendment. The first four cases he I ask why do we not have a patients’ to it. If this horrible bill somehow be- cites are from the Warren Court. Oh, bill of rights and why do we have a fi- comes law, we will take full advantage for the days of Warren and Douglas and asco like Enron? The unlimited, un- of it, I promise you, because we can do Black and Brennan. That is the version regulated special interest soft money this, too, as Republicans thanks to the of the first amendment that they are has got to go. It has got to go now, provision that you have given us. embracing, and if I thought that was a today, once and for all. Here is the analysis I am reading lasting embrace, I would welcome it. Mr. Chairman, democracy is about from. ‘‘In contrast to current law, the But it is a very temporary use of a par- the people. It is about every single per- proposed language would allow the na- ticular version of the first amendment son who can hear my voice. This is tional party committee to pay any that they never had before and they their House, their Congress, their gov- debt with soft non-Federal dollars from will never have again. ernment, and they want it back. But the period of November 5, 2002, to Janu- Let us be very clear that if you are, the Republican leadership has done ev- ary 1, 2003.’’ in fact, going to adopt their version of erything it can to kill this bill. In fact, Now, that is not consistent with the the first amendment, which I think is the only way we got this bill to the current regulations that specifically not a correct one, you are going to en- floor was by getting Members to sign a require hard debt to be paid with hard compass a lot more than simply letting discharge petition to force the leader- dollars. As a practical matter, the yourselves spend money, although ship to give this bill a chance. Well, plain wording of the proposed language maybe that is a distinction. today they may try to defeat campaign would allow a national party com- I thought about it as free speech. You finance reform with procedural tactics mittee to borrow hard dollars, spend have had a number of people, including and poison bill amendments, and we those dollars in an upcoming election, the majority whip who just spoke, who have to defeat those efforts. and then use the remaining soft dollars had not previously distinguished him- Millions of special interest soft to pay the debt. This is great. You can- self, in my view, as a great defender of money should not undermine the mil- not even do this under current law, but free speech. The key is this: They are lions of Americans who want their vote under the change you are making, it is for free speech as long as it is not free. to be the powerful tool in this democ- just effective, just for the end of this If you pay for the speech, they are for racy. For the sake of our democracy, year we will be able to do this. Why not just go all the way, defeat it. Free free speech they never defend, we have to defeat these tactics, level your bill and pass deregulation, which but paid free speech is something that the playing fields, get the special inter- really does solve the problem? Because many of these people find acceptable. est soft money out of politics once and I will tell Members this, that, in fact, if soft money is evil, why is it good for for all, and return this government to if you endorse this version of virtually you to be able to do this and pack it in the American people. untrammeled free expression, under- with all you can with your Vote for Shays-Meehan. Vote against stand that in no way logically and collateralized loans to get all the ad- all of the poison pills, and let us have philosophically can you confine it to vantage you can out of this election? a new day dawn in our democracy, one this. We have obscenity decisions being Just like Samuelson said, ‘‘It is not re- that is a democracy in which the indi- quoted here. We have decisions about form. It is deception.’’ vidual citizens’ right to their vote and the right to speak in very radical the power of their vote will ultimately b 1515 terms about opposition to the government. It does not fit logically to be determine the fate of policy in this Mr. HOYER. Mr. Chairman, I reserve someone who has been for severe re- country, not hundreds of millions of the balance of my time. strictions on free speech in every other dollars of special interest monies. Mr. NEY. Mr. Chairman, I yield 2 The CHAIRMAN. The gentleman context and suddenly become a first minutes to the gentleman from Vir- HAYS) has 61⁄2 amendment absolutist in this case. from Connecticut (Mr. S ginia (Mr. TOM DAVIS). And the doctrine of free speech that minutes remaining. The gentleman Mr. TOM DAVIS of Virginia. Mr. is being used to try to discredit this from Ohio (Mr. NEY) has 12 minutes re- Chairman, let me say just a few bill, which I think is an inaccurate one, maining. The gentleman from Mary- months ago we sat in this body and the because the notion that speech you pay land (Mr. HOYER) has 21⁄2 minutes re- advocates at that point said that this for is somehow fully endowed and that maining. The gentleman from Ohio bill needs to be passed now, that we no restriction can be made and no reg- (Mr. NEY) has the right to close. could not delay it, we wanted to get it ulation on that, that does not seem to Mr. NEY. Mr. Chairman, I yield 2 ready for the next cycle. Now just a me to be free speech. But if that is minutes to the gentleman from Cali- few months later, instead of being what people hold, let me say the lead fornia (Mr. DOOLITTLE). ready for the 2002 cycle and because the Senate opponent of this says to be con- (Mr. DOOLITTLE asked and was campaign committee on the other side sistent he is against the flag burning given permission to revise and extend of the aisle has been unable to raise amendment because he says he is his remarks.) hard dollars and retire their hard dol- against this on free speech grounds, the Mr. DOOLITTLE. Mr. Chairman, it is lar debt and they have looked at the Senator from Kentucky, and he is not reform. It is deception. That is discrepancy between the committees, against the flag burning constitutional what Mr. Samuelson from the Wash- they want the rules to be delayed in amendment. ington Post says about Shays-Meehan. implementation until the next elec- So let us be clear, if you want to I want to keep repeating that. It is not tion. Why? So they can spend their soft adopt that version of free speech, adopt reform. It is deception. Because that is dollars this year. So they can trade it, but you cannot turn it on and off exactly what it is. It is deception. their soft dollars this year for hard dol- like a water faucet. By the way, one part of this decep- lars under the loophole that has been Mr. HOYER. Mr. Chairman, I yield 2 tion I really like which is this part discovered in the drafting. minutes to the distinguished vice about the loan provision is marvelous. It reminds me of the old drunk who chairman of the Democratic Caucus, That is perfectly consistent with my swears he is going to quit drinking to- the gentleman from New Jersey (Mr. plan for deregulation, which would morrow but tonight he is going to get MENENDEZ). eliminate all the limits and would real drunk and tie it down. That is (Mr. MENENDEZ asked and was solve this problem once and for all be- what they are doing. given permission to revise and extend cause we would have full disclosure, Mr. FORD. Mr. Chairman, will the his remarks.) and you would not have to have this gentleman yield?

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.096 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H405

Mr. TOM DAVIS of Virginia. I yield necticut (Mr. SHAYS) has 61⁄4 minutes this is a problem and know that some- to the gentleman from Tennessee. remaining, and the gentleman from thing needs to be done about it. My Mr. FORD. Mr. Chairman, I know the Ohio (Mr. NEY) has the right to close. hope is that they will come together gentleman made the point about the Mr. SHAYS. Mr. Chairman, I yield 1 later today and along the way for that Democratic Party, but was not the minute to the gentleman from New common purpose. gentleman quoted in the front page of York (Mr. BOEHLERT). The people ask how could a bill that one of our local newspapers here on the (Mr. BOEHLERT asked and was given has overwhelmingly passed the House Hill urging us not to consider a permission to revise and extend his re- twice in recent years, passed the Sen- telecom bill because it would hurt marks.) ate with 59 votes, come up again today campaign contributions to the party? Mr. BOEHLERT. Mr. Chairman, I rise and have so much opposition; and I can Mr. TOM DAVIS of Virginia. Mr. in strong support of the Shays-Meehan only tell them that the closer we get to Chairman, I do not believe I was quoted substitute. finality the more intense the fight, the as saying that. The reason we need Shays-Meehan is higher the temperature. Tonight this substitute is not fair. It quite simple. The American people are President Roosevelt, the Republican, is not bipartisan. It is written to gain continuing to lose faith and confidence Teddy, passionately fought to make the current system. Their leadership in our political system because of the sure that large corporations, rich and on the other side woke up and found unregulated flow of soft money into powerful people, were not treated dif- they had a huge hard-dollar gap. If my the campaign coffers. In fact, we need ferently than ordinary citizens, that colleagues reject this substitute, re- to look no further for proof of Amer- they did not receive special treatment. member this, those who signed the pe- ica’s dissatisfaction than the dismal 51 I have got to tell my colleagues this tition: if my colleagues reject the sub- percent turnout of registered voters in soft-money loophole has brought about stitute, we are down to the base bill. the last election, one of the closest that result a hundred years later. That is the bill my colleagues signed elections in history. My party needs to recommit itself to the discharge petition for. They have Quite frankly, I am sort of tired of those TR principles, to make sure that not lost anything. apologizing for a system that I think ordinary citizens have just as much This substitute was unveiled for the works quite well. People think money protection under our laws and under first time last evening at 10 p.m. That taints every decision that is made in our rules as rich and powerful people. is when the public, that is when the op- this Congress. This is not so. I do not Soft money is now being given in a shameful way. It has proliferated be- position got to see it; and as we can believe it for a minute, but the fact of yond measure in recent years, and it is see, drafting errors occur sometimes the matter is people think it and they a real corrupting influence. Legislation when people do these things at the last are losing confidence. We need to comes before this body at the same moment, and I think that is the prob- change the system. time these large unlimited, unregu- lem that we have here. Shays-Meehan is not perfect, but it is lated contributions go to the political The underlying bill would still stand much better than what we have; and parties. That is wrong. We must stop if this substitute is rejected. I oppose for those who would argue that we it. this legislation as it is now being should do nothing, I would say they are Even the opponents of Shays-Meehan amended again. I say to my friends who not listening to the voice and they are earlier today with their amendments signed the discharge petition, if my not considering the will of the Amer- acknowledge it is a problem. They even colleagues reject this and beat this ican people. The time for campaign fi- offered an amendment to ban it. We they have still the underlying bill. nance reform is long overdue, and the have made a lot of progress in the last That is what they signed the discharge Shays-Meehan substitute is one way to 4 years because their amendments petition for and we can go on amend- get reform to the President’s desk, and prove that we are on a just mission. ments from there. I feel confident that he will sign it. This is the people’s House. Civility Mr. SHAYS. Mr. Chairman, I yield Mr. SHAYS. Mr. Chairman, how and respect should rule. My colleagues myself 15 seconds to just point out, we much time do I have remaining? may not want to hear this, but Repub- petitioned out the base bill; but we also The CHAIRMAN. The gentleman licans are not always right and Demo- knew we were going to come forward from Connecticut (Mr. SHAYS) has 51⁄4 crats are not always wrong. Neither with the amendments that we intended minutes remaining. party has an exclusive on integrity or to come forward with in July which Mr. SHAYS. Mr. Chairman, I yield 4 ideas. We need to come together as peo- was divided into 13 parts. So it is all minutes to the gentleman from Ten- ple of goodwill, Democrats and Repub- part of a process and this is a sub- nessee (Mr. WAMP). licans, who might not agree on any stitute, and this is ultimately what we Mr. WAMP. Mr. Chairman, I thank other issues and put the people ahead hoped would happen. the gentleman from Connecticut (Mr. of our parties, ahead of our own reelec- Mr. NEY. Mr. Chairman, I yield 15 SHAYS) for the honor of participating tion, ahead of all the lobbying and the seconds to the gentleman from Vir- here in the closing of the debate on special interests and do what has not ginia (Mr. TOM DAVIS). this meaningful legislation. been done in 28 years in the United Mr. TOM DAVIS of Virginia. Mr. President Roosevelt, the Democrat, States of America. Chairman, if I could say to my friend, FDR, said we have nothing to fear but We need to move this process forward I understand that was part of the proc- fear itself. I say to our friends in lead- today and beat back the amendments ess, but he has to understand that no- ership, do not be afraid of this legisla- because this is the most meaningful re- body knew when they signed the petition. Do not be afraid of giving up soft form in a generation, and this is the tion what this amendment would be, money. I know that fear drives a lot of moment. We have been on this mission what this substitute would be; and so their actions, but we should not be for a long time. Today, together, in a for many members who signed the peti- afraid to go into a new era and to leave civil and respectful way, we will pre- tion, if they do not like this, they can the old behind. vail. be consistent with signing this petition I think a lot of their mentality is Mr. NEY. Mr. Chairman, I yield my- and vote against this substitute. That that they cannot survive without it. I self such time as I may consume. is the only point. I would say my friend respect them but I respectfully dis- I would note that we are not afraid to and honorable gentleman who has of- agree. I think both parties will do just give up soft money. If it is bad next fered this, I think, is most sincere. fine without it. The American people year, it is bad now. Let us do it imme- Mr. HOYER. Mr. Chairman, can the will be encouraged greatly, the process diately instead of waiting till next Chair tell me what the time is remain- will be cleaned up, and we will take a year. ing? major step in the right direction. Mr. Chairman, I yield 3 minutes to The CHAIRMAN. The gentleman In a lot of ways this debate is about the gentleman from Missouri (Mr. from Maryland (Mr. HOYER) has 21⁄2 the leadership versus rank-and-file BLUNT). minutes remaining. The gentleman Members because the truth is there are Mr. BLUNT. Mr. Chairman, I thank from Ohio (Mr. NEY) has 73⁄4 minutes a lot of rank-and-file Members on both the gentleman from Ohio (Mr. NEY) for remaining. The gentleman from Con- sides, people of goodwill, that know yielding me the time.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.099 pfrm03 PsN: H13PT2 H406 CONGRESSIONAL RECORD — HOUSE February 13, 2002 We will have a chance to do what the That is what this bill says. It should This debate appears to be com- Shays-Meehan bill did in an earlier have had a hearing. A conference would plicated. The task ahead of us is really time, to ban all soft money. It did that, be a good thing. We need to do this in quite simple. The time is now to adopt it had random FEC audits, it had the regular order. We are not doing it this legislation. This part of our cam- strong penalties for violators. None of that way. paign finance season in this House is those things are there, and one of the Mr. HOYER. Mr. Chairman, I yield known for one thing: It is search and things that is there is this huge confu- myself 30 seconds. destroy with soft money. It is not to sion over what can be done with the Mr. Chairman, I know the two com- enlighten. It is to eviscerate the public money that is in the coffers of the par- missioners and I have a lot of dealings debate. ties after the November 5 election this with the FEC, but they must have had Mr. Chairman, I would suggest now year. a very quick reading. The fact of the that we take down the ‘‘For Sale’’ sign This is what happens when my col- matter is section 441(b) of the Federal that hangs over this wonderful old leagues file a bill at 10 or 11 o’clock at Election Campaign Act prohibits what House and pass Shays-Meehan. We need night to vote on the next day that did they assert the bill allows, and the to move forward with this campaign fi- not have committee hearings, that ev- transition rule to which they refer does nance bill. erybody says would just be devastated not affect this provision. So that I fear Mr. SHAYS. Mr. Chairman, I yield by going through the regular process what has happened is they have ana- the balance of my time to the distin- and going through conference. lyzed the transition provision without guished gentleman from Delaware (Mr. There has been a lot of discussion analyzing existing law which is not CASTLE). about that, a lot of letters flying changed, which prohibits that which Mr. CASTLE. Mr. Chairman, I thank around, lots of things put on the file. I the gentleman from Virginia (Mr. TOM the gentleman for yielding me this just received from two of the current DAVIS) and the gentleman from Mis- time, and I, too, rise in strong support commissioners of the FEC, David souri (Mr. BLUNT) and others have as- of Shays-Meehan. Mason, the chairman, and Bradley serted would happen. This has been going on for 3 or 4 Smith, the commissioner, a letter indi- Mr. Chairman, I yield 45 seconds to years. We hear statements being made cating their views, not the official the gentleman from Wisconsin (Mr. such as this bill was drafted at 10 or 11 views of the agency, because they have BARRETT) and apologize for not having at night, or there should have been not met yet; but this is the chairman more time to yield. committee hearings and whatever. It has been going on for a long time. We and one of the commissioners. Mr. BARRETT of Wisconsin. Mr. This says that ‘‘the transition rule Chairman, I stand as a proud supporter hear about all the substitutes and allowing national party committees to of the Shays-Meehan bill and congratu- whatever, but the truth of the matter spend soft money between November 6, late the gentleman from Connecticut is that what we have before us is what 2002, and January 1, 2003, does not pro- (Mr. SHAYS) and the gentleman from has been worked out by a lot of people hibit the use of soft money to pay Massachusetts (Mr. MEEHAN) for the who have worked on this bill. We cannot revert to the underlying debts related to Federal elections. Be- fine work that they have done. It is bill here. If we did, it would go to con- cause the proposed bill effectively in- time. It is time that we start moving ference and the bill would be dead. In- validates the Federal Election Com- this train for reform forward. stead, we have to face what we are mission’s soft money allocation regula- What we have heard this afternoon is we have heard people who have long op- doing, and basically in this legislation tions,’’ which as they apply to national we are doing things that I think need parties, ‘‘as of the effective date of No- posed campaign finance reform come down to this well and try to nitpick, to happen. We are not doing other vember 6, no rule of the Commission things which should not happen. We would address how parties could use try to nitpick at this bill. They are trying to love this bill to death, to are not banning voter guides. these funds to retire debts.’’ Two cur- I disagree entirely with the argument rent commissioners of the FEC say in death because the last thing they want to do is have campaign finance reform that you can use soft money to pay off the concluding sentence, ‘‘If Congress hard money debts. That is another sec- wishes to prohibit the use of soft in this country. This bill is not perfect; but for the tion entirely of the Code, and I hope money to retire hard money debts dur- everybody will take the time to read ing the transition period, the legisla- first time in a generation, we are trying to clean up this system. that carefully. And the support for that tion should be amended to specify this comes from the Democratic side, I restriction.’’ b 1530 might add. That is exactly what we have been I love having people in this country There is no limit to free speech here. saying on the floor all day. It is, in involved in our democracy. It is the ul- I have heard that. There is no limit fact, the case. It opens the door fully to timate participatory sport. But fewer whatsoever to free speech. In fact, use any soft money that can be col- and fewer people believe that they can there are no real changes in what we lected or is in either party’s coffers have an impact in our democracy when are limiting here. We are just focusing this year to retire hard-money debts big money rules the day. on the methodology by which money is this year. That may not be what my Mr. Chairman, it is time for us to paid for campaigns, not what is stated, friends who drafted this legislation pass this bill. not free speech. That is just an abso- thought it would mean. Maybe they did Mr. HOYER. Mr. Chairman, I yield 45 lutely wrong statement with respect to not even look at this particular provi- seconds to the distinguished gentleman that. sion that was being drafted, but that is from Massachusetts (Mr. NEAL). This bill basically plays no tricks. what it means. Not only does this bill Mr. NEAL of Massachusetts. Mr. What you see is what you get. It is tak- not close the door on soft money in the Chairman, I thank the gentleman for a ing soft money, the large contributions future, it knocks down the door on the long 45 seconds. which have come in from corporations, impact that soft money would have in The gentleman from Virginia (Mr. labor unions, wealthy individuals, into this election. DAVIS), my friend, raised the question the parties, and then are spent to their We will see the greatest race for soft earlier why did somebody sign the dis- benefit out altogether and is providing money, if this bill passes, that we have charge petition. It is the first one I for a good financial package and good seen to date. Last cycle, my friends on have signed in 14 years in this House, elections. the Democratic side collected more and I was number 218, precisely for the We should all support the Shays-Mee- soft money than we did on the Repub- purpose of giving the American people han substitute. lican side. I suppose they could do that a full and fair discussion about cam- Mr. HOYER. Mr. Chairman, I yield again. If they do this in a partisan paign finance. such time as she may consume to the sense, it would make a lot of sense. I Everybody knows what has happened gentlewoman from California (Ms. cannot believe that would be the result in this institution. It is no secret that MILLENDER-MCDONALD). they would want the American people the Republican leadership is opposed to (Ms. MILLENDER-MCDONALD asked to think was the purpose of campaign campaign finance. Enron has cast a and was given permission to revise and finance reform. new day around here. extend her remarks.)

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.102 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H407 Ms. MILLENDER-MCDONALD. Mr. Shays-Meehan would prohibit officeholders It does not ban all the issue ads. It Chairman, I stand in strong support of and candidates from soliciting soft money in only prohibits broadcast ads. It is un- the Shays-Meehan bill, as it will help connection with federal elections and would constitutional. An issue ad ban is like- us to clean up our campaign financing prevent national and state parties from spend- ly to be struck down. Then what are we system. ing soft money on federal election activities. really going to be stuck with? Mr. Chairman, I rise in opposition to the Ney The legislation also would allow capped soft It weakens the national parties, but amendment because it deviates from the origi- money contributions to state and local parties it makes special interest groups and in- nal Shays-Meehan bill that we supported in to be used for limited, non-federal voter reg- dividuals stronger. We have a great the House. At this juncture, when we are de- istration and get-out-the-vote activity. two-party system, and any other party bating the merits of campaign finance reform, Shays-Meehan would bring honesty back to that wants to come onto the scene in it is critical that we send a clear message to political advertising by prohibiting the use of this country will be weakened by this the American people that we are not pawns of corporate and union treasury money for broad- bill. They will have to come begging campaign contributors. cast communications that mention a federal for their approval and money from the Furthermore, given the cynical attitudes of candidate within 60 days of a general election incumbents. the American public about the affect of cam- or 30 days of a primary. It treats House and Senate can- paign contributions on the actions of Rep- We need only to look at the Enron scandal didates differently. We have talked resentatives, we must send a deafening mes- to see how much access money can buy in about that. The charity money-raising sage. Washington. Recent media reports have indi- that is going to go on here and the in- Notwithstanding our past history of using cated that Enron established a cleverly cal- fluence-peddling that can come out of soft monies to facilitate traditional and legiti- culated system to determine how much money that is going to be absolutely amazing. mate Get Out The Vote [GOTV] election-day to funnel into the coffers of politicians. If a rule If we truly want to clean the system efforts, we are prepared to embrace a clean change would cost Enron too much money, it up, this goes in reverse. piece of campaign legislation, Shays-Meehan, was time to get out their wallets. I am asking people to vote ‘‘no,’’ be- which will place us on the footpath of political Enron donated to many campaigns, and cause my colleagues are going to have integrity. played the lobbying game as well as anyone. some amendments and alternatives in Mr. Chairman, we stand on the brink of We must accept the hard truth that if there the Ney-Wynn proposal that is coming challenge and change. The challenge is weren’t so much money in politics, there might up that has disclosure and the good whether we will support true campaign finance be more money in the 401k accounts of Enron things I think we need to do and which reform and will change the landscape of cam- employees. embark upon reform. This does not do paigns; or will we opt to poison the well of po- Shays-Meehan will take big money out of it. This is a different animal today that tential campaign finance reform by supporting politics by ending soft money contributions to we are dealing with. poison pill amendments. I urge my colleagues the national political parties and by bringing Above all, the worst part of this bill, to vote down all such amendments and sup- honesty back to campaign advertising. I believe, Mr. Chairman, and I hope the Today, we have the opportunity to pass port Shays-Meehan. Give full democracy back American people understand, that as meaningful campaign finance reform. to the people. we stand here and debate this today is Mr. Chairman, I rise today as an ardent sup- However, we can accept no substitutes, al- the fact that we have the greatest de- porter of the Shays-Meehan substitute be- ternatives, or poison pill amendments, which mocracy in the world, where people cause it is time for this House to pass true are all designed to prevent this bill from being speak out, they say what they want to campaign finance reform. passed. say, groups push either direction for We have a unique opportunity to step up to Vote for real reform. Vote for Shays-Mee- advocacy, for what they think is right the plate and hit a homerun for promoting true han. in this country, but this does gag change in the way we finance campaigns. The Mr. HOYER. Mr. Chairman, I yield groups, make no bones about it. American people continue to be cynical about myself the balance of my time. Groups can spend all the soft money whether their legislators are bought by special We come to the end of the debate on they want in the newspapers. If they interests. The path to true reform is being the central amendment. This is the want to speak for the second amend- blocked by poison pill amendments that if amendment. This is the vote. This is ment from an NRA perspective, if they agreed to, would have the effect of serving as the time when Congress will decide want to speak for gun control, they are procedural landmines that will have destroyed whether or not we will have campaign going to have a problem. Millions of well-conceived and crafted reform language. finance reform. I urge my colleagues to choose the path of I ask my colleagues to vote ‘‘yes’’ on people involved in the labor movement cleaning up our campaign finance and encour- this amendment. I ask them to take are going to have a problem. Millions age them and vote down all poison pill this historic step for the House and for of people that work in small busi- amendments, and support the Shays-Meehan America. nesses, the people of this country, Mr. substitute. Mr. NEY. Mr. Chairman, I yield my- Chairman, that go out on the treadmill Mr. HOYER. Mr. Chairman, I yield self the balance of my time. every day trying to figure out how on such time as she may consume to the It was mentioned that this bill has Earth they are going to feed their fam- distinguished gentlewoman from New changed slightly at the beginning of ilies and keep their communities York (Mrs. MALONEY). this debate. This bill is a different spe- going, the people that have a right to (Mrs. MALONEY of New York asked cies. It has morphed all the way speak out are going to be gagged. and was given permission to revise and through the system. And the sad part I ask my colleagues to look into extend her remarks.) about it is that it has not done it at their hearts. They know we are right Mrs. MALONEY of New York. Mr. the desks of the committees, it has on these issues. They know this has Chairman, I likewise request unani- done it in the back rooms. We can do changed. We can do the right thing. We mous consent to revise and extend my communication these days, I guess, in will have some alternatives coming remarks, and I congratulate the ex- the back rooms and change something, down the road today. That is what we traordinary leadership of the gen- but, oh, if we want to do an amend- need to do, vote ‘‘no’’ on this. This is tleman from Connecticut (Mr. SHAYS) ment on the floor of the House, it is a not the same bill. This is a sham bill. and the gentleman from Massachusetts poison pill, even if it is a good amend- It has the loopholes; it does not do (Mr. MEEHAN) in bringing this historic, ment. And that was quoted in the what we thought it was going to do. It important bill to the floor. I strongly, newspapers. does not do what they said it would do strongly support it. For my colleagues who want to ban last year. Mr. Chairman, I rise today in support of the soft money, Shays-Meehan does not We need to be able to let the Amer- bipartisan and common sense Shays-Meehan ban soft money. We can drive an Enron ican people speak freely. Do not gag bill. limousine, $60 million worth, across Americans. Vote ‘‘no’’ on this measure. The time has come to take the money out this country through this bill. It does Mr. SHAYS. Mr. Chairman, I rise to discuss of politics and return the system to the Amer- not do what the original Shays-Meehan an issue in the Shays-Meehan bill that has ican people. did, what they said it would do. So if prompted some questions—what fundraising We have passed this legislation twice, and we want to ban soft money, it does not activities may federal candidates and office- it’s time to send it to the President. do it. holders engage in.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\K13FE7.105 pfrm03 PsN: H13PT2 H408 CONGRESSIONAL RECORD — HOUSE February 13, 2002 These are important and legitimate ques- not solicit the funds authorized to be spent Federal Election Commission which interprets tions, and I intend here to clarify the lines under the Levin amendment. current law to allow U.S. nationals to con- drawn in the bill. It is a key purpose of the bill Similarly, a federal official can solicit money tribute to federal elections, a federal court to stop the use of soft money as a means of for state candidates, but such solicitations could at any time interpret the law to exclude buying influence and access with federal offi- would be subject to the federal contribution U.S. nationals. Our failure to amend current cials. As an important part of this goal, we limits and source prohibitions—$2,000 per law could also be interpreted to mean that have taken federal officials, including Mem- election from individuals and $5,000 per elec- Congress originally intended to prohibit U.S. bers of Congress, out of the business of rais- tion from PACs, and no contributions from cor- nationals from contributing to federal elections. ing soft money for political parties, political porations or labor unions. Mr. Chairman, I do not believe it was or is committees and candidates. Federal can- SOLICITATIONS FOR OUTSIDE GROUPS the intent of Congress, or the law, to exclude didates and officeholders, furthermore, cannot The bill allows federal officials and can- U.S. nationals from contributing to federal establish or control political committees that didates to make general solicitations without campaigns. Congress simply enacted a law raise or spend soft money. restriction for outside non-profit groups (those before American Samoa had representation in We recognize that Federal officeholders and exempt from taxation under the Internal Rev- the U.S. Congress. Now it is time to amend candidates raise money for nonprofit organiza- enue Code, such as 501(c)(3) and (c)(4) the law to specifically address the issue of tions. The bill applies some restrictions to groups), so long as the group is not one with U.S. nationals. Therefore, I urge my col- such fundraising activities when the principal a principal purpose of conducting get-out-the- leagues to support this technical change in purpose of the organization involves get-out- vote or voter registration activities, and so long any bill which moves forward. the-vote and voter registration activities, or as the money is not solicited specifically for Mr. RAMSTAD. Mr. Chairman, today we are where the solicitation is specifically for the pur- the purpose of conducting GOTV and voter casting historic votes on the most important pose of the funds being used for GOTV and registration activities. The general solicitation campaign finance reforms since the Watergate voter registration activities. In addition, federal cannot specify how the funds will or should be reforms of 25 years ago. officeholders and candidates cannot raise spent. Today, we will finally have the opportunity to money for nonprofit organizations to use on An official can also make a solicitation for eradicate the biggest cancer on the federal public communications that mention a federal non-profit groups that do principally engage in campaign finance system—soft money. candidate. such voter activities, or for funds specifically to Shays-Meehan will go a long way in reduc- SOLICITATIONS FOR PARTY COMMITTEES be spent for GOTV or voter registration activi- ing the disproportionate and undue influence The basic rule in the bill is that federal can- ties, but the solicitation must be made only to of unregulated and unlimited soft money. didates and officials cannot raise non-federal individuals, and is no more than $20,000 per We should pass this common-sense reform (or soft) money donations—that is, funds that year. An official cannot solicit funds from a legislation to restore people’s trust in the sys- do not comply with federal contribution limits corporation or labor union for such purposes. tem and give the American people a bigger and source prohibitions. These restrictions apply to the solicitation of voice in their government. Thus, the rule for solicitations by federal of- funds by a federal candidate or official. A fed- Mr. Chairman, let’s get real honest for a ficeholders or candidates for party committees eral official can sit on the board of a non-profit minute! The truth is that both political parties is simple: federal candidates and officeholders or otherwise participate in the activities of the are addicted to soft money, and campaign fi- cannot solicit soft money funds for any party nonprofit, so long as he or she was not en- nance reform gives both parties heartburn. committee—national, state or local. But the political parties will survive and con- Federal candidates and officeholders also gaged in raising money for the non-profit on election-related activities. A federal candidate tinue to flourish with these reforms, and public cannot raise funds in connection with a non- faith in the political process will be enhanced. Federal election, unless those funds comply or officeholder cannot direct the expenditure of such funds. Let’s do the right thing! Let’s rid the system with federal contribution limits and source proof unregulated, unlimited soft money. Let’s hibitions. Thus, if a Federal candidate or of- Mr. KILDEE. Mr. Chairman, this is a historical day for this House and for this country. pass Shays-Meehan. ficeholder raises money for a state candidate, The American people deserve nothing less! the amounts solicited need to comply with the Today we have the opportunity to limit the scandalous infusion of money into the elec- Mr. SHAYS. Mr. Chairman, I rise to discuss source and amount limitations in federal law. one of the key sections of the Shays-Meehan This, of course, means that a federal can- toral process. Our Founding Fathers never foresaw this substitute, the soft money provisions relating didate or official can continue to solicit hard to national and state parties. The state party money for party committees. So a federal of- existing system for democratic elections. Today we can move closer to the principles provisions contain a section, commonly re- ficeholder can, on behalf of his or her national ferred to as the Levin amendment, that I want party committees, including their congressional of those Founding Fathers. to take this opportunity to explain. In addition, campaign committees, solicit individuals for Vote for the substitute offered today by Mr. some who oppose campaign finance reform contributions of up to $25,000 per year, or SHAYS and Mr. MEEHAN. characterize the Levin amendment as a major $50,000 per election cycle, per committee This may be our last best chance. loophole in the Shays-Meehan substitute. (subject, of course, to a donor’s aggregate Mr. FALEOMAVAEGA. Mr. Chairman, I rise They are wrong. This discussion is intended to hard money contribution limit of $57,500 to all today in support of the Shays-Meehan sub- spell out what the Levin amendment does and party committees in a two-year cycle). stitute and want to explain one provision in the A federal official can also solicit individuals bill which will clarify campaign finance law with does not allow. for hard money donations to state party com- respect to contributions to federal candidates SHAYS-MEEHAN’S TREATMENT OF NATIONAL PARTY SOFT mittees—under the bill of up to $10,000 per by U.S. nationals. MONEY year, or $20,000 per cycle, from an individual American Samoa is the only jurisdiction The soft money provisions of the Shays- subject again to the donor’s aggregate con- under U.S. authority in which a person can be Meehan bill regarding the national political tribution limit, and up to $5,000 per year or born with the status of U.S. national. A na- parties operate in a straight-forward way. The $10,000 per cycle from a federal PAC. These tional is a person who owes his or her alle- national parties are prohibited entirely from funds can be spent by the state party for ac- giance to the United States, but is not a cit- raising or spending any soft money. At the na- tivities in connection with a federal election, in- izen. U.S. nationals travel with U.S. passports tional party level, the ban on soft money is cluding for federal election activities. and are eligible for permanent residence in the complete. This ban covers not only the na- A federal official can, in addition, solicit United States. They are not foreign citizens or tional party committees themselves, but also money for a state party to spend on non-fed- foreign nationals. In fact, they have most of the congressional campaign committees of the eral elections, as long as the funds comply the same privileges and immunities as U.S. national parties. And it covers any officer or with federal limits and source prohibitions. citizens. However, federal campaign law was agent acting on behalf of the national party This would allow a federal official to solicit up enacted before American Samoa had rep- committees, as well as any entity that is es- to $10,000 a year from an individual, or up to resentation in the U.S. Congress and current tablished, financed, maintained or controlled $5,000 per year from a PAC, to donate to the law fails to address the issue of contributions by a national party committee. state party non-federal account, even if that from U.S. nationals. The purpose of these provisions is simple: same individual has already given a similar Mr. Chairman, federal campaign law cur- to put the national parties entirely out of the amount to the state party hard money ac- rently specifies that U.S. citizens and perma- soft money business. The provision is in- count. nent resident foreign nationals may make contended to be comprehensive at the national The Levin amendment expressly provides tributions to candidates for federal office. Al- party level. Simply put, the national parties, that federal candidates and officeholders can though there is an advisory opinion from the and anyone operating for or on behalf of them,

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\A13FE7.055 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H409 are not to raise or spend, nor to direct or con- eral elections—to a category of activities part of Federal officeholders, Federal can- trol, soft money. This ban covers all activities which clearly affect federal elections and didates, or national parties. These are non- of the national parties, even those that might which the bill defines as ‘‘federal election ac- Federal dollars allowed by State law.’’ appear to affect only non-federal elections. tivities.’’ Section 101(b) of the bill defines CHANGES TO THE LEVIN AMENDMENT IN SHAYS-MEEHAN Because the national parties operate at the these activities as the following: In addressing the Levin amendment in our national level, and are inextricably intertwined (i) Voter registration activity in the last four substitute, the sponsors of the Shays-Meehan with federal officeholders and candidates, who months before a Federal election, bill wanted to accomplish two things. First, we raise the money for the national party commit- (ii) Voter identification, GOTV, and generic wanted to respect the original intent and pur- tees, there is a close connection between the campaign activity (i.e., activity relating to a pose of the Levin amendment. Second, we funding of the national parties and the cor- party not a specific candidate) that is con- wanted to make sure that it did not create a rupting dangers of soft money on the federal ducted in an election in which a Federal can- new loophole for corporations, unions, wealthy political process. The only effective way to ad- didate appears on the ballot, individuals to exploit. In our view, those pur- dress this problem of corruption is to ban en- (iii) Public communications (also a defined poses were not in conflict, since Senator LEVIN tirely all raising and spending of soft money by term that includes communications by radio, made it clear it was not his intent to under- the national parties. TV, newspapers, phone banks and other mine the campaign finance reform effort, but SHAYS-MEEHAN’S TREATMENT OF STATE PARTY SOFT methods of public political advertising) that only to support legitimate state party activities MONEY refer to a clearly identified Federal candidate that promote voter participation by allowing a The treatment of the state parties is dif- and that promotes or supports, or attacks or limited amount of non-federal money to be ferent. This is because state parties obviously opposes, a federal candidate for that office. used for those purposes. engage in activities which are purely directed (iv) Services provided by employees of a The changes in the Levin amendment incor- to non-federal elections. The Shays-Meehan state or local party who spend more than 25 porated in our substitute have been agreed on bill does not regulate the kind of money that percent of their compensated time on Federal with the sponsors of the Senate bill. They do can be raised by the state parties. That is left elections. not change the essential thrust of the Levin to state law. What the bill does do is direct the This definition of ‘‘Federal election activities’’ amendment, but they do provide additional restate parties to spend only hard money on is significant because in section 101(a) of the strictions to help ensure that the amendment those activities which affect, even in part, fed- bill (new section 323(b) of the Act), there is a will not become a new loophole in the law. requirement that state parties spend only Fed- eral elections. This is necessary to prevent DESCRIPTION OF REVISED LEVIN AMENDMENT blatant evasion of the federal campaign fi- eral money (hard money) on ‘‘Federal election With that background in mind, let me de- nance laws. activities.’’ That is how the Shays-Meehan bill scribe the Levin amendment, as modified in This approach is in many ways similar to prevents soft money from being injected into the Shays-Meehan substitute. New section current law. Currently, if a state party engages federal races through the state parties. 323(b)(2)(A) of the FECA permits state parties in activity that directly affects federal elec- Again, the bill does not restrict fundraising to spend non-federal money (soft money) on tions—such as running an ad that says ‘‘vote by state parties. That is left as a matter of certain Federal election activities, as long as for Congressman Smith’’—the state party state law. But it does say to the state parties the spending is made up of both Federal would be required to spend hard money on that when they spend money on activities that money ( hard money) and soft money in a these activities. Similarly, if the state party en- affect federal elections, including the defined ratio to be prescribed by the FEC. The activi- gages in activity that purely affects state elec- category of ‘‘Federal election activities,’’ they ties that state and local parties can pay for tions—such as an ad that says ‘‘vote for Gov- must spend solely hard money for those activi- under this exception are voter registration in ernor Smith’’—it could spend whatever non- ties. the last 120 days prior to an election, and cer- The lack of a state party soft money provi- federal money is permitted under state law. tain GOTV and other activities specified in The Shays-Meehan bill does not change ei- sion is a fundamental shortcoming of the pro- new section 301(20(A)(ii). ther one of these propositions. posal of Mr. NEY and Mr. WYNN. The restric- Under new section 323(b)(2)(B)(i), the ex- But there is a range of activities that state tions on state parties using soft money to in- ception applies only if the activity paid for parties engage in that, by their very nature, af- fluence federal elections is one of the most does not refer to a clearly identified Federal fect both federal and non-federal elections. important features of the Shays-Meehan bill. candidate. In addition, under new section These are the familiar ‘‘party building activi- Much of the soft money being raised today by 323(b)(2)(B)(ii), the exception does not apply ties,’’ such as get-out-the vote drives or voter the national parties is transferred to state par- to any activity that involves a broadcast, cable registration drives. These activities—reg- ties to be spent on activities that influence fed- or satellite communication, unless that com- istering voters to vote in elections that have eral elections. An effective effort to address munication refers only to state and local can- both federal and non-federal candidates, or state party soft money spending to influence didates. In other words, GOTV efforts paid for engaging in activities designed to bring them federal elections is absolutely essential to real in part with so-called ‘‘Levin money’’ may to the polls to vote for federal and non-federal campaign finance reform and solving the soft mention state or local candidates or contain a candidates—clearly have an impact on both money problem. generic party message, but they cannot men- federal and non-federal elections. THE LEVIN AMENDMENT tion Federal candidates. And if these efforts Under current law, state parties pay for Critics have contended that the state parties are carried out through radio or TV ads they these ‘‘mixed’’ activities using a mixture of should not be prevented from spending money must mention clearly identified state or local both hard and soft money pursuant to alloca- that is legal in their state on activities that are candidates only, or they will be subject to the tion formulae set by the Federal Election Com- designed to improve voter turnout and assist state party soft money restrictions and no mission. But these allocation rules have prov- state candidates in a state election. When the ‘‘Levin money’’ can be used. To be clear, en wholly inadequate to guard against the use McCain-Feingold bill was considered in the ‘‘Levin money’’ cannot be used by state par- of soft money to influence federal campaigns. Senate last year. Senator CARL LEVIN of Michi- ties to pay for broadcast ads that mention fed- Much state party ‘‘party building activity’’ is di- gan, a long-time and strong supporter of the eral candidates. rected principally to influence federal elections, bill, worked with the sponsors of the legislation In addition, the soft money or ‘‘Levin and all of the party voter activity inevitably to craft a provision to allow limited spending of money’’ portion of the spending is subject to a does have a substantial impact on federal soft money by state parties on a limited subset number of restrictions. Under new section campaigns. Further, the state parties run TV of state party activities. On the Senate floor, 323(b)(2)(B)(iii), it must be legally raised under and radio ads, purportedly as ‘‘issue ads,’’ that Senator LEVIN explained that his amendment: state law, and no person can give more than directly praise or criticize federal candidates . . . will allow the use of some non-Federal $10,000 per year to a individual state or local by name without using words like ‘‘vote for’’ or dollars by State parties for voter registra- committee, even if state law permits greater ‘‘vote against’’—and the FEC has taken the tion and get out the vote, where the con- contributions. So if a state allows direct cor- tributions are allowed by State law, where unrealistic position that such ads have an im- there is no reference to Federal candidates, porate or labor union contributions to political pact on both federal and non-federal elections, where limited to $10,000 of the contribution parties corporations and unions can make and should accordingly be funded with an allo- which is allowed by State law, and where the contributions of up to $10,000 or the state cated mixture of hard and soft money. allocation between Federal and non-Federal limit, whichever is lower, to the party com- The Shays-Meehan bill addresses these dollars is set by the Federal Election Com- mittee each year. Obviously, if a state pro- problems by simply applying the principle of mission. hibits corporate or labor union contributions to current law—that state parties must use solely Senator LEVIN also specified: ‘‘These are political parties, the Levin amendment does hard money to pay for activities that affect fed- dollars not raised through any effort on the not supersede that prohibition, and corporate

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\A13FE7.057 pfrm03 PsN: H13PT2 H410 CONGRESSIONAL RECORD — HOUSE February 13, 2002 or union contributions of ‘‘Levin money’ would fornia Party Committee or the New York unregulated issue advertisements by requiring be banned. Democratic Committee A, Committee B, Com- that all campaign ads for federal office be paid After the Senate passed the Levin amend- mittee C, etc.) would be in complete contradic- for with publicly disclosed and regulated cam- ment, the question arose whether the amend- tion to the provision, which allows only limited paign funds that are subject to federal con- ment was intended to limit a donor to a single amounts of non-federal money to be given to tribution limits. This would be achieved by ex- $10,000 contribution to all of the non-Federal a state or local committee for limited party- panding the definition of ‘‘campaign advertise- political committees in a state, or to permit building activities that do not refer to federal ment’’ to include any ads that clearly identify separate contributions to the state committee candidates. a federal candidate made within 60 days of a and local committees. Since the Senate ap- Mr. KLECZKA. Mr. Chairman, today, at long general election or 30 days of a primary and pears to have intended that there is not a sin- last, the House of Representatives will finally are targeted to that candidate’s electorate. gle per donor limit on all contributions to party get a fair vote on campaign finance reform Some of my colleagues claim that these committees in a state, further restrictions on legislation. In order to reach this point, 218 regulations would violate the freedom of the raising and spending of ‘‘Levin money’’ by Members had to sign a discharge petition to speech guaranteed by the First Amendment. the committees are imposed in order to pre- force the anti-reform Republican leadership to That is simply untrue. Corporations, labor vent the Levin amendment from becoming a bring this measure to the floor for a debate unions, and other organizations would still be new loophole. and hopefully passage. H.R. 2356, the Bipar- permitted to use any funds they have to run Accordingly, under new section tisan Campaign Reform Act of 2001, is nec- ads that discuss issues of legislation, so long 323(b)(2)(B)(iv), the version of the amendment essary if we are to remove the undue influ- as they do not specifically refer to a candidate contained in the Shays-Meehan substitute, all ence of soft money on our political process for federal office. If they do mention a can- of the non-Federal and Federal money spent and the unregulated issue advertisements that didate by name, all they have to do is to use on the activities authorized by the Levin inundate our airwaves during each election hard money, which is regulated, subject to amendment must be raised solely by the com- season. contribution limits and disclosure laws. These mittee doing the spending. Transfers of money When Congress passed the Federal Elec- groups may also fund advertisements that do between committees are not permitted. Thus, tion Campaign Act (FECA) of 1971 it included attack or support a specific candidate, the only a county committee of a political party may ac- a provision that allowed national political par- requirement being that they do so through the cept a $10,000 contribution, but it must raise ties to use unregulated contributions, ‘‘soft established regulated process using hard and spend that money itself, and it cannot money,’’ for generic party-building activities money donations to their political action com- work with any other party committee in raising such as get-out-the-vote drives and voter reg- mittees. or spending that money. It cannot transfer that istration efforts. Initially, the parties adhered to This bill would also retain several important money to the state committee. Furthermore, it the restrictions on the use of soft money, but hard money contribution limits. Individuals must itself raise the hard money allocation re- soon began shifting soft money contributions would still be permitted to contribute only quired by the FEC, and it may not accept a to state parties to be used for paid television $1000 per election to candidates for the transfer of hard money from a state or national and radio campaign advertisements. Under House of Representatives and political action party committee to satisfy that allocation re- FECA, such advertisements were supposed to committees would be restricted to the current quirement. be paid for by regulated hard money that is $5000 per election limit. Finally, and very importantly, in new section raised through limited contributions to political This day has been a long time coming. We 323(b)(2)(C), we affirm that federal candidates parties and candidates. need to reduce the influence of unregulated or officeholders and the national parties may We have recently seen an unacceptable in- money which has been flowing at an increas- not participate in the raising or spending of the crease in the amount of soft money used in ing rate into our political system. H.R. 2356 soft money that is permitted to be spent under campaigns. In the year 2000 elections alone, reigns in soft money and issue advertising that the Levin amendment. In addition, joint fund- $495 million in soft money was spent by the has operated outside the framework of our raisers between state committees or state and parties, an amount that is nearly double the campaign-finance laws. I urge my colleagues local committees are not permitted. Prohibiting $262 million spent four years earlier. The to support the amendments that the reform Members of Congress and Executive Branch steadily increasing use of soft money to skirt measure’s authors must offer in order to get officials from being involved in soft money federal campaign contribution laws has given the complete bill to the floor under the GOP fundraising is one of the central purposes of it a growing role in our system of elections leadership’s rule. Similarly, I urge Members to the campaign finance reform effort. Consistent that cannot be allowed to continue. oppose those ‘‘poison pill’’ amendments de- with Senator LEVIN’s original intent, this new An equally troubling aspect of today’s cam- signed to kill the bill, and instead support final provision will ensure that that central purpose paign system is the number of issue advertise- passage of this important measure. of the bill is not undermined. The joint fund- ments broadcast on the television and radio. Mr. SHAYS. Mr. Chairman, I rise to address raising prohibition will prevent a single fund- Although these ads technically adhere to fed- the scope of an exception to the definition of raiser for multiple state and local party com- eral campaign regulations, they violate the ‘‘electioneering communications’’ set out in mittees. spirit of the law. Issue ads are supposed to be section 201(3)(B), which include (i) news dis- Mr. Chairman, let me address two additional used to discuss issues of legislation, not to at- tributed by broadcast stations that are not questions that have arisen as to the interpreta- tack or support candidates, like they often do owned or controlled by a candidate, (ii) inde- tion of the Levin amendment. First, the today. Through this loophole, corporations, pendent expenditures, (iii) candidate debates $10,000 per year limit applies collectively to a unions, and other organizations have avoided and forums and (iv) ‘‘any other communication corporation and its subsidiaries, and to a federal reporting and disclosure laws by run- exempted under such regulations as the Com- union and its locals, in the same way as con- ning ads that avoid the magic words ‘‘vote mission may promulgate . . . to ensure ap- tributions from PACS set up by subsidiaries for,’’ ‘‘vote against,’’ ‘‘support,’’ and ‘‘defeat.’’ propriate implementation of this paragraph.’’ I and local unions are treated under current law. Since the ads are technically campaign ads, wish to discuss the purpose of the fourth ex- See 2 U.S.C. § 441a(a)(5). To allow a sepa- the people paying for them do not need to ception. rate contribution limit to apply to subsidiaries identify themselves or their supporters, which The definition of ‘‘electioneering communica- of a corporation or locals of a union would is contrary to the basic tenets of campaign-fi- tion’’ is a bright line test covering all broad- completely undermine the $10,000 limit as a nance regulations. cast, satellite and cable communications that check against the Levin amendment being H.R. 2356 would fill in the gaps left by refer to a clearly identified federal candidate used to continue the unlimited contributions FECA. First, it would ban all national party use and that are made within the immediate pre- that the soft money system now permits. of soft money. In order to ensure that get-out- election period of 60 days before a general Second, while state and local committees the-vote drives and other genuinely generic election or 30 days before a primary. But it is may accept separate contributions of up to party activities are not hindered, it would allow possible that thee could be some communica- $10,000 per year from donors permitted to state and local parties to spend soft money on tions that will fall within this definition even give that much under state law, state and local these activities. Individuals, corporations, and though they are plainly and unquestionably not committees are not allowed to create their labor unions can give $10,000 in soft money related to the election. own multiple subsidiary committees to raise to party committees organized at the state, Section 201(3)(B)(iv) was added to the bill separate $10,000 contributions under this pro- county, and local level for these legitimate ef- to provide Commission with some limited dis- vision. The proliferation of new state party forts. cretion in administering the statute so that it committees (e.g., the Northern California Re- H.R. 2356 would also prevent corporations can issue regulations to exempt such commu- publican Party Committee, the Southern Cali- and organizations from skirting the law with nications from the definition of ‘‘electioneering

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\A13FE7.059 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H411 communications’’ because they are wholly un- Carson (IN) Jefferson Pastor Hostettler Myrick Sherwood Carson (OK) John Payne Hulshof Nethercutt Shimkus related to an election. Castle Johnson (CT) Pelosi Hunter Ney Shows For instance, if a church that regularly Clay Johnson (IL) Petri Hyde Northup Shuster broadcasts its religious services does so in the Clayton Johnson, E. B. Phelps Isakson Norwood Simpson pre-election period and mentions in passing Clement Jones (OH) Platts Issa Nussle Skeen Clyburn Kanjorski Pomeroy Istook Otter Smith (NJ) and as part of its service the name of an Condit Kaptur Price (NC) Jenkins Oxley Smith (TX) elected official who is also a candidate, and Conyers Kennedy (RI) Quinn Johnson, Sam Paul Souder the Commission can reasonably conclude that Costello Kildee Ramstad Jones (NC) Pence Stearns the routine and incidental mention of the offi- Coyne Kilpatrick Rangel Keller Peterson (MN) Stump Cramer Kind (WI) Reyes Kelly Peterson (PA) Sununu cial does not promote his candidacy, the Com- Crowley Kirk Rivers Kennedy (MN) Pickering Sweeney mission could promulgate a rule to exempt Cummings Kleczka Rodriguez Kerns Pitts Tancredo that type of communication from the definition Davis (CA) Kucinich Roemer King (NY) Pombo Tauzin Kingston Portman Davis (FL) LaFalce Ross Taylor (NC) of ‘‘electioneering communications.’’ There Knollenberg Pryce (OH) Davis (IL) Lampson Rothman Terry DeFazio Langevin Kolbe Putnam could be other examples where the Commis- Roukema Thomas DeGette Lantos LaHood Radanovich sion could conclude that the broadcast com- Roybal-Allard Thompson (MS) Delahunt Larsen (WA) Largent Rahall Rush Thornberry munication in the immediate pre-election pe- DeLauro Larson (CT) Latham Regula Sabo Tiahrt riod does not in any way promote or support Deutsch LaTourette Lewis (CA) Rehberg Sanchez Tiberi Dicks Leach Lewis (KY) Reynolds any candidate, or oppose his opponent. Sanders Toomey Dingell Lee Sandlin Linder Rogers (KY) Charities exempt from taxation under Sec- Lipinski Vitter Doggett Levin Sawyer Rogers (MI) tion 501(c)(3) of the Internal Revenue Code Lucas (OK) Rohrabacher Walden Dooley Lewis (GA) Schakowsky Manzullo Ros-Lehtinen Watkins (OK) are prohibited by existing tax law from sup- Doyle LoBiondo Schiff McCrery Royce Watts (OK) porting or opposing candidates for elective of- Edwards Lofgren Scott Engel Lowey McInnis Ryan (WI) Weldon (FL) Serrano fice. Notwithstanding this prohibition, some Eshoo Lucas (KY) McKeon Ryun (KS) Weller Shays such charities have run ads in the guise of so- Etheridge Luther Mica Saxton Whitfield Sherman Evans Lynch Miller, Dan Schaffer Wicker called ‘‘issue advocacy’’ that clearly have had Simmons Farr Maloney (CT) Miller, Gary Schrock Wilson (NM) the effect of promoting or opposing federal Skelton Fattah Maloney (NY) Miller, Jeff Sensenbrenner Wilson (SC) Slaughter candidates. Because of these cases, we do Filner Markey Mollohan Sessions Wynn Smith (MI) Foley Mascara Moran (KS) Shadegg Young (AK) not intend that Section 201(3)(B)(iv) be used Smith (WA) Ford Matheson Murtha Shaw Young (FL) by the FEC to create any per se exemption Snyder Frank Matsui Solis from the definition of ‘‘electioneering commu- Frelinghuysen McCarthy (MO) NOT VOTING—3 Spratt nications’’ for speech by Section 501(c)(3) Frost McCarthy (NY) Cubin Riley Traficant charities. Nor do we indent that Section Ganske McCollum Stark Gephardt McDermott Stenholm b 1607 201(3)(B)(iv) apply only to communications by Strickland Gilchrest McGovern Ms. HART and Mr. SKEEN changed section 501(c)(3) charities. Gilman McHugh Stupak But we do urge the FEC to take cognizance Gonzalez McIntyre Tanner their vote from ‘‘aye’’ to ‘‘no.’’ Tauscher of the standards that have been developed by Gordon McKinney So the amendment in the nature of a Graham McNulty Taylor (MS) substitute was agreed to. the IRS in administering the law governing Thompson (CA) Green (TX) Meehan The result of the vote was announced Section 501(c)(3) charities, and to determine Greenwood Meek (FL) Thune the standards, if any, that can be applied to Grucci Meeks (NY) Thurman as above recorded. Tierney The CHAIRMAN. Under the rule, the exempt specific categories of speech where it Gutierrez Menendez Hall (OH) Millender- Towns substitute is finally adopted. is clear that such communications are made in Turner Harman McDonald (By unanimous consent, Mr. LARGENT a manner that is neutral in nature, wholly un- Hastings (FL) Miller, George Udall (CO) Hill Mink Udall (NM) was allowed to speak out of order.) related to an election, and cannot be used to Upton promote or attack any federal candidates. Hinchey Moore FAREWELL REMARKS Hinojosa Moran (VA) Velazquez Mr. LARGENT. Mr. Chairman, this We urge the Commission to exercise this Hoeffel Morella Visclosky rulemaking power within 90 days of the effec- Holden Nadler Walsh being my last week to serve in Con- Wamp tive date of the bill. We also expect the Com- Holt Napolitano gress, I wanted to make just a brief Honda Neal Waters statement to my friends and col- mission to use its Advisory Opinion process to Watson (CA) Hooley Oberstar leagues. address these situations both before and after Horn Obey Watt (NC) Last week my youngest son Kramer the issuance of regulations. Houghton Olver Waxman Hoyer Ortiz Weiner completed an essay on Mark Twain. I The CHAIRMAN. All time has ex- Inslee Osborne Weldon (PA) was struck by how many facts about pired. Wexler Israel Ose Mark Twain’s life reminded me of my 7 The question is on the amendment in Jackson (IL) Owens Wolf years in Congress. Samuel Clemens was the nature of a substitute offered by Jackson-Lee Pallone Woolsey (TX) Pascrell Wu born at the appearance of Halley’s the gentleman from Connecticut (Mr. Comet in 1835 and died the next time it SHAYS). NOES—191 came around in 1910. I thought about The question was taken; and the Aderholt Chabot Flake that as I prepare to cast my last vote Chairman announced that the noes ap- Akin Chambliss Fletcher in Congress on campaign finance re- peared to have it. Armey Coble Forbes Bachus Collins Fossella form and harken back to the days of RECORDED VOTE Baker Combest Gallegly 1994 when the first vote I cast was on Mr. SHAYS. Mr. Chairman, I demand Ballenger Cooksey Gekas GATT, the last vote of the 103rd Con- a recorded vote. Barr Cox Gibbons Bartlett Crane Gillmor gress. A recorded vote was ordered. Barton Crenshaw Goode In my son’s report I also learned The vote was taken by electronic de- Biggert Culberson Goodlatte something I did not know, that Samuel vice, and there were—ayes 240, noes 191, Bilirakis Cunningham Goss Blunt Davis, Jo Ann Granger Clemens’ alias, Mark Twain, was actu- not voting 3, as follows: Boehner Davis, Tom Graves ally a nautical term that was used by [Roll No. 21] Bonilla Deal Green (WI) riverboat crews, and it denoted two Bono DeLay Gutknecht fathoms, or 12 feet, the depth necessary AYES—240 Boozman DeMint Hall (TX) Abercrombie Becerra Borski Brady (TX) Diaz-Balart Hansen for safe passage. Ackerman Bentsen Boswell Brown (SC) Doolittle Hart We in Congress often refer to our Na- Allen Bereuter Boucher Bryant Dreier Hastings (WA) tion as our ship of state, and we hear Andrews Berkley Boyd Burr Duncan Hayes Baca Berman Brady (PA) Burton Dunn Hayworth pollsters ask questions to voters, do Baird Berry Brown (FL) Buyer Ehlers Hefley you think that the ship is headed in Baldacci Bishop Brown (OH) Callahan Ehrlich Herger the right direction or the wrong direc- Baldwin Blagojevich Capito Calvert Emerson Hilleary tion? I ran for Congress in 1994 because Barcia Blumenauer Capps Camp English Hilliard Barrett Boehlert Capuano Cannon Everett Hobson I believed our country was headed in Bass Bonior Cardin Cantor Ferguson Hoekstra the wrong direction, and I wanted to

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.064 pfrm03 PsN: H13PT2 H412 CONGRESSIONAL RECORD — HOUSE February 13, 2002 make a difference, like most of you, TITLE VI—NO RESTRICTIONS ON FIRST quantity and range of debate on public issues the reason that you ran. AMENDMENT RIGHTS in a political campaign.’’. Now, 7 years later, I believe that to- SEC. 601. FINDINGS. (8) In Buckley, the Court also stated, ‘‘The gether we have worked to move our Congress finds the following: concept that government may restrict the (1) The First Amendment to the United speech of some elements of our society in country into safer waters. We worked order to enhance the relative voice of others together to balance the budget, we States Constitution states that, ‘‘Congress shall make no law respecting an establish- is wholly foreign to the First Amendment, overhauled welfare, we cut taxes, we ment of religion, or prohibiting the free ex- which was designed ‘to secure the widest pos- strengthened the military together, we ercise thereof; or abridging the freedom of sible dissemination of information from di- deregulated telecommunications and speech, or of the press; or of the right of the verse and antagonistic sources,’ and ‘to as- repealed Glass-Steagall. people to peaceably assemble, and to peti- sure unfettered exchange of ideas for the Yes, much good has been accom- tion the Government for a redress of griev- bringing about of political and societal changes desired by the people’’’. plished the last 7 years, but as we all ances.’’ (2) The First Amendment affords the (9) The courts of the United States have know, there are always potentially consistently reaffirmed and applied the treacherous waters around the next broadest protection to such political expression in order ‘‘to assure [the] unfettered teachings of Buckley, striking down such government overreaching. The courts of the bend. The long-term solvency of Social interchange of ideas for the bringing about United States have consistently upheld the Security and Medicare, the unre- of political and social changes desired by the rights of the citizens of the United States, strained growth of government spend- people. Roth v. United States, 354 U.S. 476, 484 candidates for public office, political parties, ing and the ongoing war on terrorism (1957). corporations, labor unions, trade associa- (3) According to Mills v. Alabama, 384 U.S. are all shoals upon which we could run tions, non-profit entities, among others. 214, 218 (1966), there is practically universal aground. Such decisions provide a very clear line as to agreement that a major purpose of that As I leave Congress, I wish to thank what the government can and cannot do with Amendment was to protect the free discus- you all for the gift of your wisdom, respect to the regulation of campaigns. See sion of governmental affairs, ‘‘. . . of course your guidance and your friendship that Federal Election Comm’n v. Massachusetts Citi- including[ing] discussions of candidates zens for Life, Inc., 479 U.S. 238 (1986); Federal you have given me, and I want to ...’’. thank you all for your service to our Election Comm’n v. National Conservative Polit- (4) According to New York Times Co. v. Sul- ical Action Comm., 470 U.S. 480 (1985); Cali- great country. I admire and respect livan, 376 U.S. 254, 270 (1964), the First fornia Medical Assn. v. Federal Election each of you. Early on I have to admit Amendment reflects our ‘‘profound national Comm’n, 453 U.S. 182 (1981). that I sometimes felt frustrated when commitment to the principle that debate on (10) The FEC has lost time and time again some of you did not think like I did. public issues should be uninhibited, robust, in court attempting to move away from the Though we will always have different and wide-open’’. In a republic where the peo- express advocacy bright line test of Buckley ple are sovereign, the ability of the citizenry v. Valeo. In fact, in some cases, the FEC has points of view in this body, I have come to make informed choices among candidates to appreciate the fact that many of you had to pay fees and costs because the theory for office is essential, for the identities of is frivolous. See FEC v. Christian Action Net- hold thoughtful and principled posi- those who are elected will inevitably shape work, 110 F.3d 1049 (4th Cir. 1997), aff’g 894 F. tions that differ from my own. I recog- the course that we follow as a nation. Supp. 946 (W.D.Va. 1995); Maine Right to Life nize that our divergent views on the (5) The First Amendment protects political Comm. v. FEC, 914 F. Supp. 8 (D.Me. 1996), left and right, among Democrats and association as well as political expression. aff’d 98 F.3d 1 (1st Cir. 1996), cert. denied, 118 Republicans, southerners and north- The constitutional right of association expli- S. Ct. 52 (1997); Clifton v. FEC, 114 F.3d 1309 erners, those representing the east cated in NAACP v. Alabama, 357 U.S. 449, 460 (1st Cir. 1997); Faucher v. FEC, 928 F.2d 468, (1958), stemmed from the Court’s recognition coast and the west coast, are a great 472 (1st Cir.), cert. denied, 502 U.S. 820 (1991); that ‘‘[e]ffective advocacy of both public and FEC v. Colorado Republican Federal Campaign strength of this Congress. The right private points of view, particularly con- Comm., 839 F. Supp. 1448 (D. Co.), rev’d on course and safe passage for the Nation troversial ones, is undeniably enhanced by other grounds, 59 F.3d 1015 (10th Cir.), vacated is not the exclusive property of either group association.’’ Subsequent decisions on other grounds, 116 S. Ct. 2309 (1996); FEC side. have made clear that the First and Four- v. Central Long Island Tax Reform Immediately Serving with you all in this esteemed teenth Amendments guarantee ‘‘freedom to Comm., 616 F.2d 45, 53 (2d Cir. 1980); Minnesota body has been the greatest honor and associate with others for the common ad- Citizens Concerned for Life, Inc. v. FEC, 936 F. the greatest privilege that I have ever vancement of political beliefs and ideas,’’ a Supp. 633 (D. Minn. 1996), aff’d 113 F.3d 129 freedom that encompasses ‘‘ ‘[t]he right to known. I want to thank the great Okla- (8th Cir. 1997), reh’g. en banc denied, 1997 U.S. associate with the political party of one’s App. LEXIS 17528; West Virginians for Life, homans who entrusted me with this choice.’’’ Kusper v. Pontikes, 414 U.S. 51, 56, Inc. v. Smith, 960 F. Supp. 1036, 1039 rare privilege, and I thank you, my 57, quoted in Cousins v. Wigoda, 419 U.S. 477, (S.D.W.Va. 1996); FEC v. Survival Education friends and colleagues, for your efforts 487 (1975). Fund, 1994 U.S. Dist. Lexis 210 (S.D.N.Y. to serve our Nation. I will never forget (6) In Buckley v. Valeo, the Supreme Court 1994), aff’d in part and rev’d in part, 65 F.3d 285 this 7-year journey. stated, ‘‘A restriction on the amount of (2nd Cir. 1995); FEC v. National Organization As I return to my home State to seek money a person or group can spend on polit- for Women, 713 F. Supp. 428, 433–34 (D.D.C. the office of Governor, I will continue ical communication during a campaign nec- 1989); FEC v. American Federation of State, essarily reduces the quantity of expression County and Municipal Employees, 471 F. Supp. to pray for each of you. I will pray that by restricting the number of issues dis- 315, 316–17 (D.D.C. 1979). Even the FEC aban- God would grant you insight as you cussed, the depth of their exploration, and doned the ‘‘electioneering communication’’ help our Nation navigate through the the size of the audience reached. This is be- standard soon after the 1996 election due to challenges ahead. Thank you, and may cause virtually every means of commu- its vagueness. God bless you and our great Nation. nicating ideas in today’s mass society re- (11) The courts have also repeatedly upheld quires the expenditure of money. The dis- the rights of political party committees. As b 1615 tribution of the humblest handbill or leaflet Justice Kennedy noted: ‘‘The central holding entails printing, paper, and circulation costs. in Buckley v. Valeo is that spending money on The CHAIRMAN pro tempore (Mr. Speeches and rallies generally necessitate one’s own speech must be permitted, and THORNBERRY). Pursuant to the order of hiring a hall and publicizing the event. The that this is what political parties do when the House of Tuesday, February 12, electorate’s increasing dependence on tele- they make expenditures FECA restricts.’’ 2002, it is now in order to consider an vision, radio, and other mass media for news Colo. Republican Fed. Campaign Comm. v. Fed- amendment offered by the gentleman and information has made these expensive eral Election Comm’n, 518 U.S. 604, 627 (1996) modes of communication indispensable in- (J. Kennedy, concurring). Justice Thomas from Texas (Mr. ARMEY). struments of effective political speech.’’. added: ‘‘As applied in the specific context of AMENDMENT NO. 32 OFFERED BY MR. HYDE (7) In response to the relentlessly repeated campaign funding by political parties, the Mr. HYDE. Mr. Chairman, as the des- claim that campaign spending has sky- anticorruption rationale loses its force. See ignee of the majority leader, I offer an rocketed and should be legislatively re- Nahra, Political Parties and the Campaign Fi- amendment. strained, the Buckley Court stated that the nance Laws: Dilemmas, Concerns and Opportu- The CHAIRMAN pro tempore. The First Amendment denied the government the nities, 56 Ford L. Rev. 53, 105–106 (1987). What Clerk will designate the amendment. power to make that determination: ‘‘In the could it mean for a party to ‘corrupt’ its can- free society ordained by our Constitution, it didates or to exercise ‘coercive’ influence The text of the amendment is as fol- is not the government but the people—indi- over him? The very aim of a political party lows: vidually as citizens and candidates and col- is to influence its candidate’s stance on Amendment No. 32 offered by Mr. HYDE: lectively as associations and political com- issues and, if the candidate takes office or is Add at the end the following title: mittees—who must retain control over the reelected, his votes. When political parties

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.112 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H413 achieve that aim, that achievement does not, corporate contributions to individual can- and proposing solutions. An election, and the in my view, constitute ‘a subversion of the didates is fine, Singleton said. Public con- time leading up to it, is when political political process.’ Federal Election Comm’n v. cern about the corrupting influence or cor- speech should be at its most robust and un- NCPAC, 470 U.S. at 497. For instance, if the porate contributions on a specific candidate fettered. Democratic Party spends large sums of is legitimate and important enough to some- SEC. 602. NO RESTRICTIONS ON FIRST AMEND- money in support of a candidate who wins, what limit freedom of speech and political MENT RIGHTS. takes office, and then implements the Par- association, the judge concluded. But con- Notwithstanding any provision of this Act, ty’s platform, that is not corruption; that is tributions to the noncandidate work of a po- and in recognition of the First Amendment successful advocacy of ideas in the political litical party do not raise undue influence to the United States Constitution, nothing marketplace and representative government issues and therefore may not be restricted, in this Act or in any amendment made by in a party system. To borrow a phrase from the judge concluded. this Act may be construed to abridge those Federal Election Comm’n v. NCPAC, ‘the fact (14) Sheila Toomey, Anchorage Daily News freedoms found in that Amendment, specifi- that candidates and elected officials may (June 14, 2001) (reporting on Kenneth P. Jaco- cally the freedom of speech or of the press, alter or reaffirm their own positions on bus, et al. vs. State of Alaska, et al., No. A97– or the right of people to peaceably assemble, issues in response to political messages paid 0272 (D. Alaska filed June 11, 2001). and to petition the government for a redress for by [political groups] can hardly be called (15) Nor is speech any less protected by the of grievances, consistent with the rulings of corruption, for one of the essential features First Amendment simply because the one the courts of the United States (as provided of democracy is the presentation of the elec- making the speech contacted or commu- in section 601). torate of varying points of view.’ Id. at 498. nicated with others. For some time, the Fed- Cf. Federal Election Comm’n v. MCFL, 479 U.S. eral Election Commission held the view that The CHAIRMAN pro tempore. Pursu- at 263 (suggesting that ‘[v]oluntary political such ‘‘coordination’’ (an undefined term), ant to section 3 of House Resolution associations do not . . . present the specter even of communications that did not contain 344, the gentleman from Illinois (Mr. of corruption’).’’. Colo. Republican Fed. Cam- express advocacy, somehow was problematic, HYDE) and a Member opposed each will paign Comm. v. Federal Election Comm’n, 518 and subject to the limitations and prohibi- control 10 minutes. U.S. 604, 647 (1996) (J. Thomas, concurring). tions of the Act. This view has been rejected Does the gentleman from Maryland Justice Thomas continued: ‘‘The structure of by the courts. Federal Election Commission v. (Mr. HOYER) seek to control the time in political parties is such that the theoretical Christian Coalition, 52 F. Supp. 2d 45 (D.D.C. opposition? danger of those groups actually engaging in 1999). In fact, lower Federal courts have held Mr. HOYER. Mr. Chairman, I do. quid pro quos with candidates is signifi- that even political party committee limits cantly less than the threat of individuals or on coordinated expenditures are an unconsti- The CHAIRMAN pro tempore. The other groups doing so. See Nahra, Political tutional restriction on speech. Federal Elec- gentleman from Maryland (Mr. HOYER) Parties and the Campaign Finance Laws: Di- tion Commission v. Colo. Republican Fed. Cam- will be recognized for 10 minutes. lemmas, Concerns and Opportunities, 56 Ford paign Comm., 213 F.3d 1221 (10th Cir. 2000). Un- The Chair recognizes the gentleman L. Rev. 53, 97–98 (1987) (citing F. Sorauf, less a party committee’s expenditure is the from Illinois (Mr. HYDE). Party Politics in America 15–18 (5th ed. 1984)). functional equivalent of a contribution (and Mr. HYDE. Mr. Chairman, I yield my- American political parties, generally speak- thus not ‘‘coordinated’’), it cannot be lim- self such time as I may consume. ing, have numerous members with a wide va- ited. See Federal Election Commission v. (Mr. HYDE asked and was given per- riety of interests, features necessary for suc- Colo. Republican Fed. Campaign Comm., 150 mission to revise and extend his re- cess in majoritarian elections. Consequently, L.Ed.2d 461, nt. 17, nt. 2 (J. Thomas, dis- the influence of any one person or the impor- senting) (2001). As a factual matter, many marks.) tance of any single issue within a political party committee ‘‘coordinated’’ expenditures Mr. HYDE. Mr. Chairman, with the party is significantly diffused. For this rea- are not the functional equivalent of con- passage of the Shays-Meehan sub- son, as the Party’s amici argue, see Brief for tributions. See Amicus Curie Brief of the Na- stitute all the suspense seems to have Committee for Party Renewal et al. as Ami- tional Republican Congressional Committee, gone out of this controversy, and all I cus Curiae 16, campaign funds donated by Federal Election Commission v. Colo. Repub- have to look forward to is the gen- parties are considered to be some of ‘the lican Fed. Campaign Comm., 150 L.Ed.2d 461 tleman from Massachusetts (Mr. cleanest money in politics.’ J. Bibby, Cam- (2001). paign Finance Reform, 6 Commonsense 1, 10 (16) Commentators, legal experts and testi- FRANK) berating me for not being a (Dec. 1983). And, as long as the Court con- mony in the record echoes the need to be charter member of the Earl Warren tinues to permit Congress to subject individ- mindful of the First Amendment. Whether it Fan Club, and I await his bashes with uals to limits on the amount they can give is the American Civil Liberties Union, see mild interest. to parties, and those limits are uniform as to March 10, 2001 ACLU Letter to Senate (and Mr. Chairman, since some of us feel all donors, see 2 U.S.C. section 441a(a)(1), all cases cited therein) & June 14, 2001 ACLU that the first amendment is in jeop- there is little risk that an individual donor testimony before the House Administration ardy, nonetheless, rereading the first could use a party as a conduit for bribing Committee (and cases cited therein), or the amendment of our Constitution might candidates. Id.’’. counsel to the National Right to Life Com- (12) As recently as 2000, the Supreme Court mittee and the Christian Coalition, see June be therapeutic. ‘‘Congress shall make reminded us once again of the vital role that 14, 2001 testimony of James Bopp before the no law,’’ no law, emphasis my own, ‘‘re- political parties play on our democratic life, House Administration Committee (and cases specting an establishment of religion, by serving as the primary vehicles for the cited therein), experts across the political or prohibiting the free exercise thereof; political views and voices of millions and spectrum have thoughtfully explained the or abridging the freedom of speech, or millions of Americans. ‘‘Representative de- need to ensure the First Amendment rights of the press; or of the right of the peo- mocracy in any populous unit of governance of citizens of this country. ple to peaceably assemble, and to peti- is unimaginable without the ability of citi- (17) Citizens who have an interest in issues zens to band together in promoting the elec- have the Constitutional right to criticize or tion the Government for a redress of toral candidates who espouse their political praise their elected officials individually or grievances.’’ views. The formation of national political collectively as a group. Communication in Now, the amendment I am offering parties was almost concurrent with the for- the form of criticism or praise of elected offi- consists of 14 pages. The first 13 are a mation of the Republic itself.’’ California cials is preciously protected as free speech listing of findings based on Supreme Democratic Party v. Jones, 530 U.S. 567 (2000). under the First Amendment of the Constitu- Court decisions explaining the first Moreover, just last year, a Federal court tion of the United States. amendment and/or its relationship to struck down a state law that included a so- (18) This Act contains restrictions on the free speech. called ‘‘soft money ban,’’ which in reality rights of citizens, either individually or col- For example, on page 2, we cite the was a ban on corporate and union contribu- lectively, to communicate with or about tions to political parties—which as a factual their elected representatives and to the gen- New York Times Company versus Sul- matter is correct. The Anchorage Daily News eral public. Such restrictions would stifle livan, a 1964 case which said the first reported: and suppress individual and group advocacy amendment reflects our ‘‘profound and (13) A Federal judge says corporations and pertaining to politics and government—the national commitment to the principle unions have a constitutional right to give political expression at the core of the elec- that debate on public issues should be unlimited amounts of ‘‘soft money’’ to polit- toral process and of First Amendment free- uninhibited, robust, and wide-open.’’ ical parties, so long as none of the money is doms—the very engine of democracy. Such The first amendment protects political used to get specific candidates elected. In a restrictions also hinder citizens’ ability to association as well as political expres- decision dated June 11, U.S. District Judge communicate their support or opposition on James Singleton struck down a section of issues to their elected officials and the gen- sion, NAACP versus Alabama, and so Alaska’s 1997 political contributions law that eral public. on. Page 3 of the amendment quotes barred corporations, unions and other busi- (19) Candidate campaigns and issue cam- Buckley v. Valeo. nesses from contributing any money to polit- paigns are the primary vehicles for giving But the essence of what I am offering ical candidates or parties. The ban against voice to popular grievances, raising issues is section 602, which is on pages 13 and

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.018 pfrm03 PsN: H13PT2 H414 CONGRESSIONAL RECORD — HOUSE February 13, 2002 14, and if I may read that, you will tising, spent $1.74 billion. One B–2 Mr. HYDE. Mr. Chairman, I just want have the amendment’s gravamen in Stealth Bomber costs $1.16 billion. So to say it is true, we do not have the your grasp. too much money in politics is, I think, power to adjudicate constitutionality, ‘‘Section 602: Notwithstanding any a bit of a stretch. but we certainly have the power to rec- provisions of this Act, and in recogni- By banning soft money to the polit- ognize it when we see it and assert our tion of the First Amendment to the ical parties from unions, corporations opinion that something is unconstitu- United States Constitution, nothing in and individuals, money that pays for tional. We are sworn to protect that this Act or in any amendment made by issue ads, you do real damage to the document. this Act may be construed to abridge parties. You emasculate them and you Mr. HOYER. Mr. Chairman, reclaim- those freedoms found in that Amend- make the voices of the special interests ing my time, I agree with the gen- ment, specifically the freedom of the last and the loudest voices to be tleman; and I say to the gentleman, he speech or of the press, or the right of heard in the campaign. A vigorous two- and I have voted on different sides of the people to peaceably assemble, and party system has been the bedrock of an issue that I think was a very central to petition the government for redress our democracy. You hurt challengers first amendment right. He and I dif- of grievances, consistent with the rul- and reinforce incumbency, and polit- fered on that issue. But our opinion on ings of the courts of the United ical advocacy is strangled, not encour- that issue, other than that it may have States.’’ aged. motivated each of us to vote, is irrele- So, that is rather simple. Supporting Mr. Chairman, I reserve the balance vant. In the final analysis what is rel- my amendment gives us a chance to re- of my time. evant, what is important to the indi- affirm our loyalty, our dedication, our Mr. HOYER. Mr. Chairman, I yield vidual, is what the Supreme Court of devotion to the first amendment. myself such time as I may consume. the United States says we did, and Now, before going on much farther, I Mr. Chairman, let me start by saying nothing we say in our legislation, af- would like to give the House a that we all respect the gentleman from firming its constitutionality or ques- quotation from an article, January 28, Illinois. Those who read this amend- tioning its constitutionality, will make 2002, in the National Journal, and this ment will nod their heads in agreement any difference. It is the opinion of the Supreme Court that will make the dif- is by Stewart Taylor, Jr., who is not on much of this amendment. But I am reminded of the words of the great ference. conservative. I do not think he is lib- Therefore, I oppose this amendment, President from the State of Illinois, eral. I think he is a true moderate. not because its sentiment is wrong—be- But in writing about this issue, he the State of the gentleman from Illi- cause its sentiment is not—but because said something that I found extraor- nois (Mr. HYDE), Abraham Lincoln. it is mere surplusage, and not relevant dinarily interesting. Mr. Taylor says Abraham Lincoln once observed during to this legislation. I do not mean to Shays-Meehan’s most extreme and the course of the Civil War that if in say to the gentleman from Illinois that least publicized provisions have noth- the end things turned out all right, his opinion as to the constitutionality ing to do with soft money. One would nothing that was said would matter; of one or more provisions of the act is make it a Federal crime for any asso- but however, if in the end things not relevant. Clearly it is, and it may ciation of citizens other than PACs to turned out wrong, that all the angels in well motivate his vote on this par- criticize, praise or even name a can- Heaven speaking on its behalf would ticular piece of legislation. But to add didate for Congress in an ad broadcast not matter. this surplusage does not add to or sub- in his or her State within 30 days of a In the last page of this amendment, tract from the substance of this legis- primary or 60 days of a general elec- section 602, the language says: ‘‘Not- lation. tion. Another would define illegal withstanding any provision of this Act I would hope that this body would re- spending/coordination with candidates and in recognition of the First Amend- ject this amendment because of the so broadly as to make it risky for any ment to the United States Constitu- process that this amendment will re- group to praise or even mention at any tion, nothing in this Act or in any quire the legislation to then go time in any public communications a amendment made by this Act may be through. Member of Congress with whom it had construed to abridge those freedoms Mr. Chairman, I yield 1 minute to the met or worked on legislative issues. found in that amendment.’’ distinguished gentlewoman from I think that is interesting, and that With all due respect, that is not Michigan (Ms. RIVERS). is another reason why I am very dis- within the power of this Congress. It is Ms. RIVERS. Mr. Chairman, Shays- turbed about what we are doing here not within the power of this Congress Meehan does not prohibit speech of any today. to say that this is constitutional or it type. It seeks to stop the use of soft If ever there was a time where free is not constitutional. And why is that? money to pay for campaign ads. This is speech should be unfettered, robust, it It is because the Founding Fathers’ ge- a long-standing authority that Con- is at election time. Instead, this legis- nius was to separate the powers and to gress has been able to exercise, start- lation in essence tells democracy to give to an independent judiciary the ing with prohibitions on corporation shut up and sit down. We are suffo- right to say whether an act of Congress monies in 1907, unions in 1947, and then cating uninhibited political advocacy, is constitutional or whether it was not. 1974 for Buckley v. Valeo. that rare dynamic earned for us by the If that were not the case, then a ma- Soft money is not protected by the blood of our forefathers. And why? Be- jority of us could say, ‘‘No, that which Constitution. Soft money was created cause there is too much money in poli- we have done is constitutional.’’ That by the FEC in 1978. It is a creature of the Federal bureaucracy. It has no par- tics. clearly would not be consistent with ei- No, we are not talking about Major ther the separation of powers, or the ticular standing under the Constitu- tion. The Supreme Court has never League Baseball, a utility infielder. We general purpose for the creation of a held soft money to be constitutionally are not talking about a professional Supreme Court, which could protect inviolate, and to argue that the Con- basketball team or a rock band. We are the minority. And I say to my friend gress cannot undo what a Federal talking about politics. from Illinois, that nothing we say in agent has wrought is to deliberately ig- In the last Presidential election, so this bill can abridge the constitutional nore who is the master and who is the excited by the prospect of picking a rights of any American, if the Supreme servant. There is no free-speech viola- President, 51 percent of those eligible Court determines by five or more tion in Shays-Meehan and no reason to to vote, of voting age, bothered to vote. votes, that we have abridged those support this amendment. Now, it seems to me a little more in- rights. It is not within our power, ex- terest in a Presidential election in a cept by way of a constitutional amend- b 1630 viable democracy is certainly called ment, which, of course, this bill is not, Mr. HYDE. Mr. Chairman, I am for. to take that step. pleased to yield 2 minutes to the gen- In the congressional cycle of 1999 and Mr. HYDE. Mr. Chairman, will the tleman from Indiana (Mr. PENCE). 2000, I am talking about 2 years now, gentleman yield? Mr. PENCE. Mr. Chairman, I thank Congress raised $1.05 billion. Coca-Cola, Mr. HOYER. I yield to the gentleman the distinguished chairman for yield- in one year, 2000, marketing and adver- from Illinois. ing me this time, and I rise in strong

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.126 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H415 support of the Hyde amendment to this Union or the counsel to National Right from Maryland (Mr. HOYER) has 2 min- legislation. to Life, experts have thoughtfully ex- utes remaining. I consider it a privilege to debate plained this need. I am sure the ACLU Mr. HYDE. Mr. Chairman, I had some men of such eloquence as the gen- appreciates the gentleman from Illi- people who wanted to talk, but they do tleman from Maryland in this Cham- nois’s very occasional endorsement, be- not seem to be here. ber, but, if I may say so, I take issue cause I must say, having served on the Mr. HOYER. Mr. Chairman, if the with the assertion that the determina- Committee on the Judiciary with him gentleman will yield for 1 minute, I tion of constitutionality is outside of for years, I do not remember too many have the right to close, and I have 2 our purview. I will grant the point to other occasions when he and the ACLU minutes, and I will yield to the gen- the gentleman from Maryland that it is have agreed on constitutionality; not tleman from Tennessee (Mr. CLEMENT), not our purview under this Constitu- on the antiterrorism bill. and then the gentleman from Illinois tion to determine what is and is not In fact, I agree with the gentleman can take his minute, and I will take constitutional, but I would offer that from Indiana. I do not think we should the last minute to close. while it is not our power, it is most as- vote for things that we think are un- Mr. HYDE. Mr. Chairman, I thank suredly our duty expressed in the oath constitutional. That is why I have con- the gentleman from Maryland. Just so of office that every man and woman sistently voted against the censorship the gentleman from Massachusetts who has served in this institution of the Internet which this House passes (Mr. FRANK) does not leave the room. takes, an oath of office to defend and every other year, and, in the alter- Mr. HOYER. Mr. Chairman, I cannot uphold and support the Constitution of native year, the Supreme Court throws guarantee that, I would say to the gen- the United States of America. It pre- out. tleman. supposes that we make a judgment in The fact is that there is a pattern Mr. HOYER. Mr. Chairman, I yield 1 our own hearts, in our own minds, and here of people who have never found minute to the gentleman from Ten- express it with our own vote about that much virtue with the ACLU and the nessee (Mr. CLEMENT). which we consider to be constitutional first amendment suddenly becomes be- Mr. CLEMENT. Mr. Chairman, I and that which we do not. lievers. Now, it also sanctifies here the thank the gentleman for yielding me I must tell my colleagues, Mr. Chair- case of New York against Sullivan, the this time. man, that this bill’s prohibition of po- libel case that I have heard Members be This is a critical debate, and I am litical speech in the last 2 months by critical of, but people also talk about very pleased, number one, that the individuals or organizations other than draftsmanship. Let me say I was par- Shays-Meehan passed by such an over- political action committees is even to ticularly impressed with finding 14. whelming vote. Now we have various my 10-year-old son a clear violation of This is the finding. Finding 14: Sheila amendments that could very well im- those words that ‘‘Congress shall make Toomey, Anchorage Daily News. It pact Shays-Meehan. I am not a lawyer, no law abridging the freedom of does not say anything else, except that I am not a constitutional scholar, but speech.’’ Only by adopting the Hyde she was reporting on a story. So Ms. I know one thing, that this language amendment will we as an institution Toomey, whoever she is, has now be- contains biased findings and attempts say that whatever the courts may do, come an official finding of the United to impose a one-sided interpretation of and, if I may say so, they have occa- States if you pass that amendment. the First Amendment as a matter of sionally made some bone-headed deci- That is a great honor to her. So you statutory law to falsely imply that the sions, whatever the courts may do at have sanctified the expertise of the Shays-Meehan bill violates the First whatever level, that it was never the ACLU, you have officially found Ms. Amendment. intention of this institution to trample Toomey, who probably did not know All of us have to look at all of these on that first amendment. heretofore that she was lost, and you amendments very, very closely, par- If I may say, Mr. Chairman, I think have, in fact, added surplus verbiage, ticularly these perfecting amendments, many of the advocates of this bill sus- at best. and how is it going to affect Shays- pect the provisions might be unconsti- The gentleman from Illinois is well Meehan, because we have a good piece tutional. It is perhaps the reason why aware nothing we can do could impinge of legislation. We have not had any they oppose the nonseverability provi- on the First Amendment. So what this major reform on campaign finance re- sions that have attempted to be added amendment comes down to, in addition form since the 1970s. Why? Because of to this bill. I believe it is the reason to certifying the expertise of the Watergate. And why are we getting the why they do not want to stand with ACLU, and they will appreciate every vote on Shays-Meehan and real cam- those of us that say, if there is a part Republican who votes that way, and paign finance reform today? Because of of this found unconstitutional, then all they will probably cite you in their lit- the Enron scandal. Let us support of it must be rejected. Let us say yes to erature, and you may expect the people strongly Shays-Meehan. the blood-bought freedoms of the Bill in your own districts to be thanked by Mr. HYDE. Mr. Chairman, I yield my- of Rights and yes to the Hyde amend- the ACLU for sending a supporter of self such time as I may consume just to ment. their expertise to the Congress of the say to my friend from the upper re- The CHAIRMAN pro tempore (Mr. United States and to officially vote and gions of Massachusetts that Nadine THORNBERRY). The gentleman from Illi- certify them as experts. Strossen, the president of the ACLU, nois (Mr. HYDE) has 1 minute remain- Mr. HOYER. Mr. Chairman, will the has written me several warm letters, ing; the gentleman from Maryland (Mr. gentleman yield? and we have worked together on civil HOYER) has 41⁄2 minutes remaining. Mr. FRANK. I yield to the gentleman asset forfeiture, a concept that the Mr. HOYER. Mr. Chairman, I yield from Maryland. gentleman has supported. So we found 21⁄2 minutes to the distinguished gen- Mr. HOYER. Mr. Chairman, is the common ground on more than one tleman from Massachusetts (Mr. gentleman aware that in this resolu- issue with the ACLU. FRANK). tion a case is cited by name, Federal Lastly, I would hope the gentleman Mr. FRANK. Mr. Chairman, I was Election Commission v. Colorado Re- would read section 602. The inaccura- struck by reading the findings. Mem- publican Federal Campaign Commis- cies and errors in the petition itself are bers will be pleased to know that if sion, citing a case that has been over- the result of midnight draftsmanship they vote for this amendment, they ruled by the Supreme Court? Was the which is brought upon us as a gift from will be certifying the American Civil gentleman aware of that? the gentleman from Maryland (Mr. Liberties Union as an expert on the in- Mr. FRANK. Mr. Chairman, I was HOYER) and his party whose devotion terpretation of the first amendment. not, but I hope Sheila Toomey has not to rapidity sometimes intrudes on co- Now, I often agree with the ACLU on been lost in this thing. herence. the First Amendment, not on some Mr. HOYER. Mr. Chairman, I hope Mr. HOYER. Mr. Chairman, will the other amendments, but I think this is not. gentleman yield on that point? a new height in freedom of expression. The CHAIRMAN pro tempore. The Mr. HYDE. Surely. Look at finding 16 on page 12: Whether gentleman from Illinois (Mr. HYDE) has Mr. HOYER. Mr. Chairman, first of it is the American Civil Liberties 1 minute remaining; the gentleman all, the gentleman from Maryland (Mr.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.117 pfrm03 PsN: H13PT2 H416 CONGRESSIONAL RECORD — HOUSE February 13, 2002 HOYER) was not involved in this, but Let me remind some of my colleagues who Bonilla Hastert Pombo secondly, let me say to the gentleman Bono Hastings (WA) Portman will not support this amendment what we be- Boozman Hayes Pryce (OH) that I will remind him of his remarks lieve about free speech in this country. We be- Brown (SC) Hayworth Putnam as we go through legislation in the lieve that free speech is an inalienable right. Bryant Hefley Radanovich coming months. We believe that all people should be allowed Burr Herger Regula The CHAIRMAN pro tempore. The Burton Hilleary Rehberg to express their political beliefs openly, without Buyer Hobson Reynolds time of the gentleman from Illinois arbitrary rules that restrict the means with Callahan Hoekstra Rogers (KY) (Mr. HYDE) has expired. which they can share and debate ideas. We Calvert Hostettler Rogers (MI) Mr. HOYER. Mr. Chairman, I yield 10 believe that our constitution should govern Camp Hulshof Rohrabacher seconds to the gentleman from Massa- Cannon Hunter Ros-Lehtinen Congress’ laws, not the other way around. Mr. Cantor Hyde Royce chusetts (Mr. FRANK). Chairman, this amendment assures the con- Capito Isakson Ryan (WI) Mr. FRANK. Mr. Chairman, this is stitutionality of this proposed law. By sup- Chabot Issa Ryun (KS) Chambliss Istook the second time we have heard ref- porting our Constitution, and our freedom as Saxton Coble Jenkins Schaffer erence on the other side to the haste, Collins Johnson, Sam Americans to enjoy free speech, it affords the Schrock Combest Jones (NC) et cetera. These are the people who re- broadest protection to political expression, and Sensenbrenner Cooksey Keller fused to let the bill out. These are the Sessions it assures the unfettered exchange of ideas. Cox Kelly Shadegg people who bottled it up and forced it Mr. Chairman, every type of organized com- Crane Kennedy (MN) Shaw to be forced out by the petition. So I Crenshaw Kerns munication takes money. Pamphlets need to Sherwood Culberson King (NY) have never seen a case where people be printed, letters need to be written and Shimkus Cunningham Kingston guilty of a misdeed freely blamed other Shows mailed, and television ads need to be broad- Davis, Jo Ann Knollenberg Shuster people for the consequences of their Davis, Tom Kolbe casted. The scam that is being pulled here by Simpson own action. Yes, it was not done the Deal LaHood my colleagues who support H.R. 2356 is really Skeen appropriate way. That is because the DeLay Largent quite remarkable. In the name of stabilizing DeMint Latham Smith (MI) other side would not allow it to be done our Nation’s political system, they want to pre- Diaz-Balart LaTourette Smith (TX) in the appropriate way. Doolittle Lewis (CA) Souder vent people from spending the money nec- Stearns Mr. HOYER. Mr. Chairman, I have 50 essary to share their ideas with each other. Dreier Lewis (KY) Duncan Linder Stump seconds remaining; is that correct? Whether this is the result of malicious intent or Sununu The CHAIRMAN pro tempore. The Dunn Lucas (OK) a totally misguided effort to ‘‘reform’’ our cam- Ehlers Manzullo Sweeney gentleman from Maryland (Mr. HOYER) Ehrlich McCrery Tancredo paign finance system, it is not any less out- Tauzin is recognized for the remaining time. rageous. Emerson McHugh Mr. HOYER. Mr. Chairman, first of English McInnis Taylor (MS) Mr. Chairman, I urge my colleagues to take Everett McKeon Taylor (NC) all, let me respond to the gentleman a look at this amendment, search their hearts, Flake Mica Terry from Illinois. These issues were raised Thomas and vote to protect our Constitution. Let’s Fletcher Miller, Dan over 2 years ago, not last night, not the Forbes Miller, Gary Thornberry have campaign finance reform, but let’s live up Tiahrt night before, or the night before that. Fossella Miller, Jeff to our oath of office and protect our Constitu- Gallegly Moran (KS) Tiberi The issues we raise in this legislation Toomey tion. Gekas Myrick were raised 2 years ago, and 4 years Gibbons Nethercutt Upton ago, and we all know that. They are le- Mr. BEREUTER. Mr. Chairman, this Mem- Gilchrest Ney Vitter Walden gitimate issues, and they will be issues ber would like to take this opportunity to ex- Gillmor Northup plain his ‘‘present’’ vote on the Hyde amend- Goode Norwood Watkins (OK) that will be fought out in the future in Goodlatte Nussle Watts (OK) front of the Supreme Court. ment to H.R. 2356, the Campaign Reform Act Goss Otter Weldon (FL) But this amendment is not appro- of 2001. This Member voted ‘‘present’’ on the Granger Oxley Weller Graves Paul Wicker priate on this piece of legislation at amendment as he believes that there is nothing Congress can do through such an amend- Green (WI) Pence Wilson (NM) this time, not because we do not sub- Gutknecht Peterson (MN) Wilson (SC) scribe to the first amendment, not be- ment itself to assure that the language of this Hall (TX) Peterson (PA) Wynn measure is constitutional. As to the matter of Hansen Pickering Young (AK) cause we do not want to ensure that Hart Pitts Young (FL) the Constitution is followed in our leg- the constitutionality of any such legislation, islation, but because we all know that that determination is within the power and au- NOES—237 thority given to our judicial branch—not the it is time to act, time to adopt this re- Abercrombie Condit Gordon form, and not the time to pretend that Congress. The language offered in the Hyde Ackerman Conyers Graham we are doing things that we do not amendment is irrelevant. It is the nature of the Allen Costello Green (TX) have the power to do. Vote this amend- language itself which will be judged to be con- Andrews Coyne Greenwood stitutional by the courts and ultimately by the Baca Cramer Grucci ment down. Baird Crowley Gutierrez Mr. ISSA. Mr. Chairman, I rise today in sup- U.S. Supreme Court. That fact is one reason Baldacci Cummings Hall (OH) port of this amendment and I want to thank why the ‘‘Severability Clause’’ is essential to Baldwin Davis (CA) Harman foster some advancement of campaign finance Barcia Davis (FL) Hastings (FL) my colleague and friend, Chairman HYDE for Barrett Davis (IL) Hill bringing it to the floor. Mr. Chairman, this reform legislation. Bass DeFazio Hilliard amendment strikes at the very heart of this The CHAIRMAN pro tempore. The Becerra DeGette Hinchey debate, but, more importantly, it strikes at the question is on the amendment offered Bentsen Delahunt Hinojosa by the gentleman from Illinois (Mr. Berkley DeLauro Hoeffel heart of our Constitution, which is the bedrock Berman Deutsch Holden of our great nation and the foundation of our HYDE). Berry Dicks Holt democracy. This afternoon Members of Con- The question was taken; and the Bishop Dingell Honda Chairman pro tempore announced that Blagojevich Doggett Hooley gress have the opportunity to lay partisan self- Blumenauer Dooley Horn interests aside and vote to support the 1st the noes appeared to have it. Boehlert Doyle Houghton amendment to the Constitution. There are no RECORDED VOTE Bonior Edwards Hoyer Borski Engel Inslee frills to this amendment, there are no special Mr. HYDE. Mr. Chairman, I demand a Boswell Eshoo Israel interests who are serviced in this amendment. recorded vote. Boucher Etheridge Jackson (IL) Rather, it serves the interests and protects a A recorded vote was ordered. Boyd Evans Jackson-Lee fundamental right of the American people. It Brady (PA) Farr (TX) The vote was taken by electronic de- Brown (FL) Fattah Jefferson states simply and seeks only to insure that vice, and there were—ayes 188, noes 237, Brown (OH) Ferguson John nothing in the act shall violate the 1st amend- answered ‘‘present’’ 1, not voting 9, as Capps Filner Johnson (CT) ment to the Constitution of the United States— Capuano Foley Johnson (IL) follows: Cardin Ford Johnson, E. B. our right to speak freely, to speak politically [Roll No. 22] Carson (IN) Frank Jones (OH) without the threat of censorship or retribution Carson (OK) Frelinghuysen Kanjorski AYES—188 from the government. Are we going to turn our Castle Frost Kaptur backs today on this fundamental right, to sac- Akin Ballenger Biggert Clay Ganske Kennedy (RI) Armey Barr Bilirakis Clayton Gephardt Kildee rifice our freedom of speech on the altar of Bachus Bartlett Blunt Clement Gilman Kilpatrick campaign finance reform? Baker Barton Boehner Clyburn Gonzalez Kind (WI)

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.119 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H417 Kirk Mollohan Schakowsky TENT OF BROADCASTS.—’’ and insert the fol- Ms. SLAUGHTER. Mr. Chairman, I Kleczka Moore Schiff lowing: Kucinich Moran (VA) yield myself 2 minutes. Scott (a) IN GENERAL.—Section 315(b) of the Com- Mr. Chairman, it is no wonder that so LaFalce Morella Serrano munications Act of 1934 (47 U.S.C. 315(b)) is Lampson Murtha many of our colleagues have been lob- Shays amended— Langevin Nadler Sherman (1) by striking ‘‘(b) The charges’’ and in- bying heavily to oppose the section 305, Lantos Napolitano Simmons despite the fact that the air waves are Larsen (WA) Neal Skelton serting the following: Larson (CT) Oberstar Slaughter ‘‘(b) CHARGES.— a public resource. And let me restate Leach Obey Smith (WA) ‘‘(1) IN GENERAL.—The charges’’; that again. Despite the fact that the Lee Olver Snyder (2) by redesignating paragraphs (1) and (2) airwaves belong to the people of the Levin Ortiz Solis as subparagraphs (A) and (B), respectively; United States, the Broadcasting Indus- Lewis (GA) Osborne Spratt and Lipinski Ose try Association has spent millions of Stark (3) by adding at the end the following: LoBiondo Owens Stenholm dollars lobbying against legislation to Lofgren Pallone ‘‘(2) CONTENT OF BROADCASTS.— Strickland regulate political ads. If we add up the Lowey Pascrell In section 306(a), strike ‘‘or (2)’’ each place Stupak Lucas (KY) Pastor such term appears. money that was spent lobbying for the Tanner Luther Payne In section 306(b), strike ‘‘(3)’’ and insert broadcasting industry from 1996 to 1999, Tauscher Lynch Pelosi Thompson (CA) ‘‘(2)’’. the total is well over $111 million. Maloney (CT) Petri The CHAIRMAN pro tempore. Pursu- In the past few years, I have person- Maloney (NY) Phelps Thompson (MS) Markey Platts Thune ant to section 3 of House Resolution ally encountered the power of the Mascara Pomeroy Thurman 344, the gentleman from Texas (Mr. broadcasting lobby. Throughout the Tierney Matheson Price (NC) GREEN) and a Member opposed each 1990s I lobbied for a bill called Fairness Towns Matsui Quinn will control 10 minutes. in Political Advertising which would McCarthy (MO) Rahall Turner McCarthy (NY) Ramstad Udall (CO) The Chair recognizes the gentleman have required stations to offer modest McCollum Reyes Udall (NM) from Texas (Mr. GREEN). blocks of free television time to can- McDermott Rivers Velazquez Mr. GREEN of Texas. Mr. Chairman, didates. However, the broadcasting in- McGovern Rodriguez Visclosky I ask unanimous consent to split our McIntyre Roemer Walsh dustry spent $11 million to defeat that McKinney Ross Wamp allowable time with the gentleman one bill. The broadcasting industry has McNulty Rothman Waters from North Carolina (Mr. BURR), my successfully blocked reform by spend- Meehan Roukema Watson (CA) colleague from the Committee on En- ing vast amounts of money to protect Meek (FL) Roybal-Allard Waxman ergy and Commerce. Meeks (NY) Rush Weiner its interest. I find it extremely ironic Menendez Sabo Weldon (PA) The CHAIRMAN pro tempore. Is that this body would consider an Millender- Sanchez Wexler there objection to the request of the amendment to protect this special in- McDonald Sanders Wolf gentleman from Texas? terest group as we work to limit the in- Miller, George Sandlin Woolsey There was no objection. Mink Sawyer Wu fluence of special interest money in The gentleman from North Carolina our political process. If we are really ANSWERED ‘‘PRESENT’’—1 (Mr. BURR) will control 5 minutes and serious about campaign finance reform Bereuter the gentleman from Texas (Mr. GREEN) we must preclude this provision. NOT VOTING—9 will control 5 minutes. Please join me in supporting the low- Aderholt Rangel Traficant The gentleman from Texas is recog- est unit charge provision within Shays- Brady (TX) Riley Watt (NC) nized for 5 minutes. Meehan, which passed the Senate by Cubin Smith (NJ) Whitfield Mr. GREEN of Texas. Mr. Chairman, over two to one and obviously is real- b 1700 I yield myself 1 minute. ized by the Senate to be an integral As a long-time supporter of the part of campaign finance reform. This Ms. MCCOLLUM and Ms. SANCHEZ Shays-Meehan legislation, including changed their vote from ‘‘aye’’ to ‘‘no.’’ part of this legislation is a simple way signing the discharge petition, I be- to close the loophole in existing law Ms. PRYCE of Ohio and Mr. lieve we are on the verge of passing GILCHREST changed their vote from that has never worked, never worked in this historic campaign finance legisla- the way it was designed. ‘‘no’’ to ‘‘aye.’’ tion. I am offering an amendment that So the amendment was rejected. By reducing the greatest single ex- would correct, I think, an oversight The result of the vote was announced pense of campaigns, we can decrease that was in the Senate bill that came as above recorded. the need for candidates to raise out- Stated for: to the House; and that is what my col- rageous amounts of money, and this is Mr. ADERHOLT. Mr. Chairman, on rollcall league, the gentleman from North an excellent way for us to improve po- No. 22 I was inadvertently detained. Had I Carolina (Mr. BURR), and I are doing. litical discourse in the electoral proc- The amendment we are offering been present, I would have voted ‘‘aye.’’ ess and to balance the playing field. Mr. WHITFIELD. Mr. Chairman, on rollcall today is not a poison pill, and if passed Mr. Chairman, I yield 3 minutes to No. 22 I was unavoidably detained. Had I would not force the underlying bill into the gentleman from New York (Mr. been present, I would have voted ‘‘aye.’’ conference with the Senate. Senators NADLER). The CHAIRMAN pro tempore (Mr. MCCAIN and FEINGOLD have already in- Mr. NADLER. Mr. Chairman, we all THORNBERRY). Pursuant to the order of dicated that the passage of this amend- know that the major problem we are the House of Tuesday, February 12, ment would not be a hindrance in the dealing with in all this campaign fi- 2002, it is now in order to consider an Senate. It is not a poison pill. nance reform legislation is that the amendment by the gentleman from This amendment is designed to re- cost of campaigning, of getting a mes- move a provision out of the Shays-Mee- Connecticut (Mr. SHAYS) or the gen- sage out to the public, has gotten out han bill that creates a new perk for tleman from Massachusetts (Mr. MEE- of hand; and consequently, Members candidates for Federal offices. We can- HAN). and challengers feel compelled to spend not blame the problems associated much of their time in an ever-increas- AMENDMENT NO. 11 OFFERED BY MR. GREEN of texas with the high costs of campaigning on ing race of trying to get more and more Mr. GREEN of Texas. Mr. Chairman, television, and this is an example of money from contributors, from special I offer an amendment as the designee Congress overreaching and helping our- interest groups, et cetera; and that has of the gentleman from Connecticut selves; and that is why we offer this caused all the problems that we have amendment and encourage my col- been dealing with. (Mr. SHAYS). TV stations use a public resource. We The CHAIRMAN pro tempore. The leagues to support it. have given them the license to use the Clerk will designate the amendment. Mr. Chairman, I reserve the balance The text of the amendment is as fol- of my time. public air waves, a scarce public resource, because they are limited for lows: Ms. SLAUGHTER. Mr. Chairman, I rise in opposition to the Green amend- free. Just a few years ago we gave them Amendment No. 11 offered by Mr. GREEN of for nothing $77 billion to the broad- Texas: ment. Strike section 305. The CHAIRMAN pro tempore. The casters of additional spectrum. Senator In section 306(a), strike the subsection des- gentlewoman from New York (Ms. Dole was quite outraged, and properly ignation and all that follows through ‘‘CON- SLAUGHTER) will control 10 minutes. so, at this.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.021 pfrm03 PsN: H13PT2 H418 CONGRESSIONAL RECORD — HOUSE February 13, 2002 Now they have the nerve to say that the first amendment that said we (Mr. LEVIN asked and was given per- we should not enforce the 1971 law that should protect American citizens mission to revise and extend his re- said that when they sell ads to polit- against the government dictating free marks.) ical candidates they must do it at the speech. Mr. LEVIN. Mr. Chairman, I do not lowest rate they give it to anyone else. Mr. BURR of North Carolina. Mr. understand the argument that this part There are two loopholes to this law. Chairman, I yield 1 minute to the gen- of Shays-Meehan is unconstitutional. One, they will sell a candidate an ad tleman from Ohio (Mr. BOEHNER), the The LUC provision has been in the law for the lowest cost; but then they will chairman of the Committee on Edu- for 30 years. The problem is that it is say, oh, we are going to bump the can- cation and the Workforce. not working. didate from 6 p.m. the day before the Mr. BOEHNER. Mr. Chairman, I want TV advertising is a major method of election to 3 a.m. because someone else to thank the gentleman from North communication. It is said by the pro- is willing to pay a higher rate, unless Carolina for yielding me the time. ponents of this amendment that TV is of course the candidate pays the pre- Every 2 years we as Members raise only 25 percent, but in contested elec- mium rate to guarantee getting the 6 our right hand and swear to uphold and tions it is probably 60 or 70 percent of p.m. slot. No candidate can risk that, defend the Constitution of the United the cost. so everybody pays the premium rate. States. That means when bills come be- And here is what has been happening They have completely undermined the fore this House we have a responsi- with the present law, and I read and I existing law which says they have got bility to, in our opinion, look to see if quote from someone who is a time to pay the cheapest rate. we are, in fact, following the Constitu- buyer. ‘‘It’s become common practice All this bill does, and the amendment tion. for station ad salesmen to pressure you would negate, is enforce the existing One of the unconstitutional provi- out of buying LUC into buying non- law and say they must give them sions in the underlying bill is this pro- preemptible by telling you it’s the only unpreemptible time so people can take vision that would require broadcasters way they can be sure the ads will be it and it means it at the lowest rate to sell time at the lowest unit cost of run when you want.’’ And so here is the problem. These TV they have sold for the last few months. any time during the last 180 days. It is costs have been skyrocketing. There is Secondly, it is amazing to see that clearly unconstitutional. There is no a question of corporate responsibility the sponsor of this amendment would requirement in here that newspapers here. The last month of the election of say that this is a new perk for can- sell us ad time at the lowest possible 2000, the TV stations on the average didates. It is not a perk for candidates. rate or radio stations who get their air gave 1 minute of time, free media, for It is saying that as a beginning of pay- waves from the public. There is no re- candidate discourse. So I think there is ing off their obligation to the public, quirement there that they pay the low- a real challenge to the broadcast indus- we no longer have the equal-time doc- est unit cost. try. trine, we no longer have the fairness This is a subsidy to Federal office The Senate addressed it by a 70-to-30 doctrine, we no longer enforce any- holders and only Federal office holders. vote. By a 70-to-30 vote. This amend- thing that says they have got to really It is blatantly unconstitutional. We ment would reverse it and essentially cover political campaigns for the pub- should support the amendment offered leave us back where we were. That is lic service requirement for which they by our colleagues, the gentleman from not a responsible approach to the needs get their license. They do not have to Texas (Mr. GREEN) and the gentleman of democracy or a responsible approach cover someone that 45 seconds per cam- from North Carolina (Mr. BURR), and by the broadcast media of this country. paign or 45 seconds per election per approve this product. I urge for that reason that we defeat night. We are simply saying sell the Mr. GREEN of Texas. Mr. Chairman, the Green amendment. ads, but sell it as the Congress has said I yield 45 seconds to the gentleman Mr. BURR of North Carolina. Mr. 30 years ago, for the lowest unit rate from Ohio (Mr. STRICKLAND). Chairman, I yield 1 minute to the gen- they sell it to anybody else. Mr. STRICKLAND. Mr. Chairman, tleman from Nebraska (Mr. OSBORNE), TV ads cost 80 percent of the cost of the Torricelli language allows Federal the greatest football coach in my life- all communication to voters. There is candidates to buy premium air time at time. no reason why we cannot ask these a dirt cheap price. Some say that if ad Mr. OSBORNE. Mr. Chairman, I broadcasters who get, again their en- time costs less, campaigns will spend thank the gentleman for yielding me tire product is on public air waves, less. To the contrary, they will spend the time and for that fine endorsement. which we give them for free, we license more. If my colleagues think people I appreciate it. to them for free, the least we can ask are sick of 30-second attack ads now, I rise in support of the Green-Burr is that they enable candidates to try to imagine how they will feel if we keep amendment, which would strike sec- conduct election campaigns for the the Torricelli language. tion 305 of the Shays-Meehan bill. cheapest rate they sell to other people We have got to get back to the ba- While attempting to reform the cam- to strengthen our democracy. sics, the firm handshake, the sincere paign finance system, section 305 un- Mr. BURR of North Carolina. Mr. look in the eye and the sympathetic fairly burdens television stations. Giv- Chairman, I yield 30 seconds to the ear. Not only would this amendment ing political candidates dramatically gentleman from Louisiana (Mr. TAU- require us to rely on personal connec- lower rates for advertising hurts the ZIN), the chairman of the Committee on tions with the people, it will also pre- television industry and interferes with Energy and Commerce. vent us from placing an unfair burden normal commerce. Lowering the Mr. TAUZIN. Mr. Chairman, if ever on the broadcast industry. As Federal amount of money candidates spend on there was an amendment that provided candidates we do not deserve special television ads supplants advertisers preferential speech in America it is the treatment. Vote for this amendment. who pay standard rates, and this is Torricelli amendment, and we ought to Ms. SLAUGHTER. Mr. Chairman, very unfair. strike it. may I inquire how much time I have In addition, section 305 will not re- This amendment says that somehow remaining? duce campaign spending. If candidates Federal candidates for office in Amer- The CHAIRMAN pro tempore. The are allowed to buy cheaper spots on ica, Federal politicians are entitled to gentlewoman from New York (Ms. television, this will only lead to a large special privileges, special rates, special SLAUGHTER) has 5 minutes remaining. influx of political ads during the cam- time on the broadcast waves of Amer- The gentleman from Texas (Mr. GREEN) paign season. ica while other citizens are treated dif- has 31⁄4 minutes remaining, and the I urge support for the Green-Burr ferently. Other citizens do not get gentleman from North Carolina (Mr. amendment. those breaks. Other people who want to BURR) has 21⁄2 minutes remaining. Mr. GREEN of Texas. Mr. Chairman, speak in this country politically do not I yield 45 seconds to the gentleman b 1715 get those breaks, just Federal can- from New York (Mr. TOWNS). didates. Come on. Ms. SLAUGHTER. Mr. Chairman, I Mr. TOWNS. Mr. Chairman, I rise to This is the sort of thing the Founding yield 3 minutes to the gentleman from strongly urge my colleagues to vote Fathers worried about when they wrote Michigan (Mr. LEVIN). ‘‘yes’’ on the Green-Burr amendment.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.124 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H419 Everyone in this Chamber agrees It belongs to us in the first place. We from my colleagues, are going to have that campaigns are too expensive and are not infringing on any God-given to make up the difference. And I am that the majority of the money is right of the broadcasters. We are re- not going back in my district and tell spent on the airwaves. I can under- turning the spectrum to the people and people that are trying to make a liv- stand how some might think that the letting the people know it belongs to ing, especially after 9/11, in their adver- solution is to lower the cost of air them. tising that they have to pay more so time, but they are so wrong. Mr. BURR of North Carolina. Mr. that people can listen to me. It sounds great, but the only thing Chairman, it is a pleasure to yield 1 All I am trying to do when I get down lowering the rates of television air minute to the gentleman from Florida there is express all the virtues I have. time will do is to increase the amount (Mr. STEARNS), the chairman of the And at least in my district they al- of ads that will be on. It will increase Subcommittee on Commerce, Trade, ready know I am full of virtue. the cost of campaigns. and Consumer Protection of the Com- Mr. Chairman, I rise in support of the I would like to commend the gen- mittee on Energy and Commerce. Burr-Green amendment. tleman from Texas and the gentleman Mr. STEARNS. Mr. Chairman, I It obviates Section 305 of underlying from North Carolina for offering this thank my colleague. I rise in strong bill, a provision that does not address cost-saving amendment, and I urge my support of the Green-Burr amendment. the central issues of the campaign fi- colleagues to support this amendment. Do my colleagues want to see what nance debate: soft money and so-called This is the right thing to do. happens when we force the networks to ‘‘issue ads’’. Ms. SLAUGHTER. Mr. Chairman, I subsidize the races for Members of Con- The language in Section 305 is well yield 2 minutes to the gentleman from gress? Go to the June 10, 1998, article in intentioned. It seeks to lower the costs of campaigns, a goal everyone agrees is New York (Mr. OWENS), one of our The Hill magazine. They talked about brightest and most articulate Members the campaign in California. The cam- worthwhile. However, the mechanism if flawed. and my colleague from New York. paign was such that the requests for Forcing broadcasters to charge artifi- (Mr. OWENS asked and was given political advertising were so overly de- cially low rates for political ads only permission to revise and extend his re- manding, the networks could not even invites them to look elsewhere to marks.) comply. The TV stations in response to Mr. OWENS. Mr. Chairman, the air- make up the lost revenue. Section 305 such high demands were forced to re- virtually forces them to raise the rates waves, the spectrum, is owned by the strict local and State candidates be- American people. Most of the Amer- for non-political ads. sides those running for Governor from Using an example from my home ican people do not know that we own it airing political ads. As a result, some state of Hawaii, is it realistic to expect and that the representatives of govern- TV stations even refused to take ads a station to charge the same rate for ment, including the Members of Con- from campaigns other than the Gov- the UH-BYU football game as for a gress, are the trustees for the Amer- ernor or Federal candidates, infuri- late-night infomercial? If we force ican people. We need to take back our ating candidates for other office, broadcasters to do that, we shouldn’t airwaves and use our airwaves and our squeezing out all candidates for local be surprised when business economics spectrum and our media for the benefit races. compel them to charge more for the of the people. Without this amendment, this bill ads in slots with smaller audiences. This is not an infringement upon the will result in further socializing polit- And who ultimately winds up paying rights of the broadcasters. This is a ful- ical campaigns. Furthermore, it epito- for the added charge? Not the adver- fillment of the capacity and the possi- mizes the law of unintended con- tisers—they’re going to turn around bilities of the broadcast media. Most of sequences, ultimately doing more harm and make it up with higher prices for the industrialized nations, the civilized than good in attempting to level the their goods and services. nations, are providing greater access to political playing field. So the ultimate subsidizer of forced media for candidates, far greater than So I urge the Green-Burr amend- ad rate reductions is—you guessed it— we are. So we need to take this first ment. the consumer. That’s you, me and all step. Mr. GREEN of Texas. Mr. Chairman, the people in our districts. We’ll pay The broadcasters are very anxious, how much time is remaining? more for food, prescription drugs, gaso- upset, because they know if we take The CHAIRMAN pro tempore. The line—everything from Spam musubi to one step, it might lead to a greater re- gentleman from Texas (Mr. GREEN) has that neighbor island trip for a family alization by the public as a whole that 21⁄2 minutes remaining, the gentleman reunion. the airwaves belong to the people. from North Carolina (Mr. BURR) has 11⁄2 The bottom line is that Burr-Green is Freedom of speech has to be guaran- minutes remaining, and the gentle- pro-consumer. It has no effect on the teed some way. We cannot do it the woman from New York (Ms. SLAUGH- thrust of Shays-Meehan. This is an way we do with the print media, where TER) has 1 minute remaining. amendment that every Member can anybody can get access to the print. Mr. GREEN of Texas. Mr. Chairman, support, regardless of which side of this We regulate, we carefully regulate the I yield 45 seconds to my colleague, the debate you’re on. airwaves and the spectrum. gentleman from Hawaii (Mr. ABER- Ms. SLAUGHTER. Mr. Chairman, I There is not enough room for every- CROMBIE). yield myself the balance of my time. body, so those who are regulated must (Mr. ABERCROMBIE asked and was This is a debate that has gone on one bow to the regulation which puts for- given permission to revise and extend way or another here in the House since ward the interest of the people. They his remarks.) the early 1970s. It was considered a must bow to certainly making our po- Mr. ABERCROMBIE. Mr. Chairman, great reform in 1970 that we would try litical campaigns more accessible to if we hear one more talk about special to do something about controlling tele- people. interests. This is all special interests. vision time. Big money will always have an ad- The question is whether it is in the I even remember there was a bill way vantage, as long as we leave the broad- public interest or not. back in the dark days by Congressman casters in charge, to charge what they I can tell my colleagues what is Udall when he was here. Congressman want to charge. Eventually we must going to happen, and we all better re- Udall did not believe if you owned a reach the point where the airwaves member it. All politics is local. And major television station in a media time is mostly free. That is the point out where I am anyway, if anyone market that you should also own the they do not want us to move toward, thinks they are going to show the foot- newspapers and all the radio stations, and any step in that direction is going ball game at one time and another and Congress agreed with him. It was to hurt. That is why we have such infomercial at another time, and that really quite an astonishing thing. great resistance to this tiny step for- is going to work out somehow in the We will never see the like of that ward by having them lower the unit number of days that you got where you again, because I think we have gotten cost to allow everybody to be able to get the lowest rate, you are dreaming. to the point now where, at least in my afford, or most candidates better afford What is going to happen is the local media market, there is not a home- access to the media. advertisers, aside from me or aside grown station there. They are all

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.128 pfrm03 PsN: H13PT2 H420 CONGRESSIONAL RECORD — HOUSE February 13, 2002 bought out by conglomerates back and ally worked, with no complaint since Boucher Hayes Petri forth, and several have one room where 1995, and yet we are here talking about Boyd Hayworth Phelps Brown (FL) Hefley Pickering large machines spill out talk radio all changing it. The result on average is Brown (OH) Herger Pitts day long, call-in shows. At any rate, that candidates have received a 30 per- Brown (SC) Hill Platts that is media in America today. cent discount. Bryant Hilleary Pombo As my colleague, the gentleman from To my colleagues that are here, I ask Burr Hilliard Portman Burton Hinojosa Price (NC) New York (Mr. OWENS), pointed out, al- that we not shift this to the businesses Buyer Hobson Pryce (OH) most every civilized country in the in communities. They do not need it Callahan Hoekstra Putnam world understands it is an important now. To my colleagues who are here, I Calvert Holden Quinn thing for democracy, not to help can- suggest we support this legislation be- Camp Hooley Radanovich didates out, but for democracy, to hear Cannon Hostettler Rahall cause it is the right thing to do. Cantor Hoyer Ramstad two sides of an issue. We have not been Capito Hulshof Regula able to do that in the United States b 1730 Capps Hunter Rehberg over the media since 1986 when it was Cardin Hyde Reyes taken away. Mr. GREEN of Texas. Mr. Chairman, Carson (IN) Inslee Reynolds I yield the balance of my time to the Carson (OK) Isakson Rodriguez We are on the cusp of history here, Castle Issa gentleman from Michigan (Mr. DIN- Roemer and I want to urge my colleagues not Chabot Istook Rogers (KY) GELL to take a chance on losing this bill by ). Chambliss Jackson-Lee Rogers (MI) annoying the Senate, who passed this 2 (Mr. DINGELL asked and was given Clay (TX) Rohrabacher to 1. Please vote ‘‘no.’’ permission to revise and extend his re- Clayton Jefferson Ros-Lehtinen Clement Jenkins Ross Mr. BURR of North Carolina. Mr. marks.) Clyburn John Mr. DINGELL. Mr. Chairman, shame Roukema Chairman, I yield 1 minute to the gen- Coble Johnson (CT) Royce Collins Johnson (IL) tleman from South Carolina (Mr. on us. This is an outrage. Current law Rush Combest Johnson, Sam GRAHAM), a good friend and a proven says that Members of Congress get the Ryan (WI) Condit Jones (NC) Ryun (KS) reformer. lowest unit rate now on radio and tele- Cooksey Keller Sanchez Mr. GRAHAM. Mr. Chairman, I am vision. This amendment says we get Costello Kelly Sandlin Cox Kennedy (MN) not bound by the rule that if it passes the lowest unit rate on the basis of Sawyer in the Senate 2 to 1, it is a good idea. being preemptable. That makes the Cramer Kennedy (RI) Crane Kerns Saxton That may come later in my life, but other users of the broadcast spectrum Crenshaw Kind (WI) Schaffer not right now. subsidize us. The mom-and-pop stores, Culberson King (NY) Schrock This is not reform. When I signed up the drugstores, the automobile dealers, Cummings Kingston Scott in 1996, I never envisioned that reform Cunningham Kirk Sensenbrenner are all going to be paying our costs for Davis (FL) Knollenberg Serrano would be that we would require a local our political ads, as will the local po- Davis, Jo Ann Kolbe Sessions TV station to sell some Federal politi- litical candidates. Davis, Tom Kucinich Shadegg cian an ad at a cheap rate during the We are literally putting our hands in Deal LaHood Shaw Super Bowl almost a year before the DeGette Lampson Shimkus the pockets of the local folks to get Delahunt Larsen (WA) Shows election. That is not reform. And that ourselves a special benefit. I do not DeLay Larson (CT) Shuster should not kill any effort to reform the have the arrogance to vote for a pro- DeMint Latham Simmons way we do our campaigns. posal of this kind, or to say this is in Deutsch LaTourette Simpson Diaz-Balart Lewis (KY) Skeen By making the campaigns start a the public interest. This is nothing year earlier, or 7 or 8 or 9 months ear- Dicks Linder Skelton more or less than dipping into the Dingell Lipinski Smith (MI) lier, and giving a Federal politician a pockets of the home folks to get Mem- Dooley LoBiondo Smith (NJ) better deal than we give somebody liv- bers a subsidy for the campaign. What Doolittle Lucas (KY) Smith (TX) Doyle Lucas (OK) ing in our own State, that is not re- is the change that it makes? It changes Snyder form, that is bad business. Vote for the Dreier Luther Souder the law so that now, if passed, the bill Duncan Lynch amendment. Spratt would give special treatment to us Dunn Maloney (CT) Stearns Mr. GREEN of Texas. Mr. Chairman, above and beyond these other persons. Edwards Manzullo Stenholm I yield myself 45 seconds. Ehrlich Mascara This is unfair. I urge Members to adopt Strickland Mr. Chairman, there have been stud- Emerson Matheson Stump the amendment which will be approved Engel Matsui Stupak ies done, and every campaign is dif- English McCarthy (MO) ferent, but that the average amount by the Senate. Read BNA’s publication Sununu Etheridge McCrery Sweeney this morning. McHugh spent on TV in a campaign is 25 per- Everett Tancredo The CHAIRMAN pro tempore (Mr. Fattah McInnis cent. Now, maybe somebody is spend- Tanner Ferguson McIntyre THORNBERRY). All time has expired. Tauzin ing more than that percent, but maybe Filner McKeon The question is on the amendment Taylor (MS) they should do like my colleague the Flake Meek (FL) Taylor (NC) offered by the gentleman from Texas Fletcher Meeks (NY) gentleman from Ohio (Mr. STRICKLAND) Terry suggested and get out and meet the (Mr. GREEN). Forbes Mica Ford Miller, Dan Thomas folks. We may still need to do TV, but The question was taken; and the Thompson (MS) Chairman pro tempore announced that Fossella Miller, Gary there are a lot of other ways to do it. Frelinghuysen Miller, Jeff Thornberry We already enjoy, since 1971, the low- the noes appeared to have it. Frost Mink Thurman Tiahrt est unit cost preferences when we buy RECORDED VOTE Gallegly Mollohan Ganske Moore Tiberi political ads. No other elected officials Mr. GREEN of Texas. Mr. Chairman, Gekas Moran (KS) Toomey can enjoy that. What this would do I demand a recorded vote. Gibbons Moran (VA) Towns with the Torricelli amendment is add A recorded vote was ordered. Gilchrest Morella Turner Udall (CO) insult to injury. The lowest unit cost The vote was taken by electronic de- Gillmor Myrick Gilman Neal Udall (NM) means that we politicians or public vice, and there were—ayes 327, noes 101, Gonzalez Nethercutt Upton servants get the same rates broad- not voting 6, as follows: Goode Ney Walden casters provide their best-paying com- [Roll No. 23] Goodlatte Northup Walsh Gordon Norwood Wamp mercial customers. What the Torricelli AYES—327 Goss Nussle Watkins (OK) amendment does is back that up and Abercrombie Ballenger Bilirakis Graham Oberstar Watts (OK) say we can pick the rates of the dog Aderholt Barcia Bishop Granger Ortiz Weldon (FL) days of summer. That is what is wrong. Akin Barr Blumenauer Graves Osborne Weldon (PA) Weller That is why we need to vote for this Allen Bartlett Blunt Green (TX) Ose Andrews Barton Boehlert Green (WI) Otter Whitfield amendment. Armey Bass Boehner Greenwood Oxley Wicker Mr. BURR of North Carolina. Mr. Baca Becerra Bonilla Grucci Pallone Wilson (NM) Chairman, I yield myself the balance of Bachus Bentsen Bonior Gutknecht Pastor Wilson (SC) Baird Bereuter Bono Hall (TX) Paul Wolf my time. Baker Berkley Boozman Hansen Pence Wynn Mr. Chairman, since 1971, an amazing Baldacci Berry Borski Hart Peterson (MN) Young (AK) thing has happened. This law has actu- Baldwin Biggert Boswell Hastings (WA) Peterson (PA) Young (FL)

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.133 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H421 NOES—101 (6) The Supreme Court, in U.S. v. (14) This title contains restrictions on the Ackerman Kanjorski Owens Cruikshank (92 U.S. 542, 1876) recognized that rights of citizens, either individually or col- Barrett Kaptur Pascrell the right to arms preexisted the Constitu- lectively, to communicate with or about Berman Kildee Payne tion. The Court stated that the right to arms their elected representatives and to the gen- Blagojevich Kilpatrick Pelosi ‘‘is not a right granted by the Constitution. eral public. Such restrictions would stifle Brady (PA) Kleczka Pomeroy Neither is it in any manner dependent upon and suppress individual and group advocacy Capuano LaFalce Rangel that instrument for its existence.’’. pertaining to politics and government—the Conyers Langevin Rivers (7) In Beard v. United States (158 U.S. 550, Coyne Lantos Rothman political expression at the core of the elec- Crowley Largent Roybal-Allard 1895) the Court approved the common-law toral process and of First Amendment free- Davis (CA) Leach Sabo rule that a person ‘‘may repel force by force’’ doms—the very engine of democracy. Such Davis (IL) Lee Sanders in self-defense, and concluded that when at- restrictions also hinder citizens’ ability to DeFazio Levin Schakowsky tacked a person ‘‘was entitled to stand his communicate their support or opposition on DeLauro Lewis (CA) Schiff ground and meet any attack made upon him issues concerning the right to keep and bear Doggett Lewis (GA) Shays with a deadly weapon, in such a way and arms to their elected officials and the gen- Ehlers Lofgren Sherman with such force’’ as needed to prevent ‘‘great eral public. Eshoo Lowey Sherwood bodily injury or death’’. The laws of all 50 Evans Maloney (NY) Slaughter (15) Candidate campaigns and issue cam- Farr Markey Smith (WA) states, and the constitutions of most States, paigns are the primary vehicles for giving Foley McCarthy (NY) Solis recognize the right to use armed force in voice to popular grievances, raising issues Frank McCollum Stark self-defense. and proposing solutions. An election, and the Gephardt McDermott Tauscher (8) In order to protect Americans’ constitu- time leading up to it, is when political Hall (OH) McGovern Thompson (CA) tional rights under the Second Amendment, speech should be at its most robust and un- Harman McKinney Thune the First Amendment provides the ability Hastings (FL) McNulty Tierney fettered. for citizens to address the Government. SEC. 222. EXEMPTION FOR COMMUNICATIONS Hinchey Meehan Velazquez (9) The First Amendment to the United Hoeffel Menendez Visclosky PERTAINING TO THE SECOND Holt Millender- Vitter States Constitution states that, ‘‘Congress AMENDMENT OF THE CONSTITU- Honda McDonald Waters shall make no law respecting an establish- TION. Horn Miller, George Watson (CA) ment of religion, or prohibiting the free ex- None of the restrictions or requirements Houghton Murtha Waxman ercise thereof; or abridging the freedom of contained in this title shall apply to any Israel Nadler Weiner speech, or of the press; or of the right of the form or mode of communication to the pub- Jackson (IL) Napolitano Wexler people to peaceably assemble, and to peti- lic that consists of information or com- Johnson, E. B. Obey Woolsey tion the Government for a redress of griev- mentary regarding the statements, actions, Jones (OH) Olver Wu ances.’’. positions, or voting records of any person NOT VOTING—6 (10) The Supreme Court recognized and em- who holds congressional or other Federal of- Brady (TX) Gutierrez Traficant phasized the importance of free speech rights fice, or who is a candidate for congressional Cubin Riley Watt (NC) in Buckley v. Valeo, where it stated, ‘‘A re- or other Federal office, on any matter per- striction on the amount of money a person b 1750 taining to the Second Amendment. or group can spend on political communica- The CHAIRMAN pro tempore. Pursu- Ms. MCCOLLUM changed her vote tion during a campaign necessarily reduces ant to section 3 of House Resolution from ‘‘aye’’ to ‘‘no.’’ the quantity of expression by restricting the 344, the gentleman from Mississippi Mrs. MORELLA, Mr. PALLONE and number of issues discussed, the depth of their exploration, and the size of the audi- (Mr. PICKERING) and the gentleman Mr. MCHUGH changed their vote from ence reached. This is because virtually every from Texas (Mr. STENHOLM) each will ‘‘no’’ to ‘‘aye.’’ means of communicating ideas in today’s So the amendment was agreed to. control 10 minutes. mass society requires the expenditure of The Chair recognizes the gentleman The result of the vote was announced money. The distribution of the humblest as above recorded. from Mississippi (Mr. PICKERING). handbill or leaflet entails printing, paper, Mr. PICKERING. Mr. Chairman, I The CHAIRMAN pro tempore (Mr. and circulation costs. Speeches and rallies yield myself such time as I may con- THORNBERRY). Pursuant to the order of generally necessitate hiring a hall and publi- the House of Tuesday, February 12, cizing the event. The electorate’s increasing sume. 2002, it is now in order to consider an dependence on television, radio, and other My amendment is very compact, sim- amendment by the gentleman from mass media for news and information has ple and precise. My amendment pre- made these expensive modes of communica- serves the free speech rights of any Texas (Mr. ARMEY). tion indispensable instruments of effective constituency or grassroots organiza- AMENDMENT NO. 27 OFFERED BY MR. PICKERING political speech.’’. tion that desires to educate the public Mr. PICKERING. Mr. Chairman, as (11) In response to the relentlessly repeated as to the voting record, statements or the designee of the majority leader, I claim that campaign spending has sky- actions of Federal officeholders or can- offer an amendment. rocketed and should be legislatively re- The CHAIRMAN pro tempore. The strained, the Buckley Court stated that the didates for office as they relate to the Clerk will designate the amendment. First Amendment denied the government the second amendment. This amendment The text of the amendment is as fol- power to make that determination: ‘‘In the protects all parties that want to en- free society ordained by our Constitution, it lows: gage in the debate over the second is not the government but the people—indi- amendment, from Sarah Brady to the Amendment No. 27 offered by Mr. PICK- vidually as citizens and candidates and col- ERING: NRA. lectively as associations and political com- One of the fundamental problems I Add at the end title II the following new mittees—who must retain control over the subtitle: quantity and range of debate on public issues have with this legislation is its regula- Subtitle C—Exemption of Communications in a political campaign.’’. tion of free speech by grassroots orga- Pertaining to the Second Amendment of (12) In Buckley, the Court also stated, ‘‘The nizations that engage in issue advocacy the Constitution concept that government may restrict the and educating the public to the voting SEC. 221. FINDINGS. speech of some elements of our society in record and positions of candidates. The Congress finds the following: order to enhance the relative voice of others base text of Shays-Meehan regulates (1) The Second Amendment to the United is wholly foreign to the First Amendment, the free speech of everyone from the States Constitution protects the right of in- which was designed ‘to secure the widest pos- far left to the far right, from the pro- dividual persons to keep and bear arms. sible dissemination of information from di- (2) There are more than 60,000,000 gun own- verse and antagonistic sources,’ and ‘to as- life movement to farmers, from vet- ers in the United States. sure unfettered exchange of ideas for the erans groups to religious organizations. (3) The Second Amendment to the Con- bringing about of political and societal I regret that I did not have more stitution of the United States protects the changes desired by the people’’’. time to draft an amendment that right of Americans to carry firearms in de- (13) Citizens who have an interest in issues would have been able to restore more fense of themselves and others. about or related to the Second Amendment of the free speech rights of some of (4) The United States Court of Appeals in of the Constitution have the Constitutional these other organizations; however, I U.S. v. Emerson reaffirmed the fact that the right to criticize or praise their elected offi- believe this amendment is a bright line right to keep and bear arms is an individual cials individually or collectively as a group. for which Members must make a stand right protected by the Constitution. Communications in the form of criticism or (5) Americans who are concerned about praise of elected officials is preciously pro- on whether they support the first threats to their ability to keep and bear tected as free speech under the First Amend- amendment protections afforded to our arms have the right to petition their government of the Constitution of the United citizens and afforded to grassroots or- ment. States. ganizations, or whether they support

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.026 pfrm03 PsN: H13PT2 H422 CONGRESSIONAL RECORD — HOUSE February 13, 2002 the regulation of these groups’ free ington Post, Robert Samuelson, not a They can do the letters, everything speech rights. conservative, not even a Republican, they need to do to make sure their In short, you are either for the first says of Shays-Meehan, ‘‘It’s not re- members know how we as Members of amendment and the second amend- form, it’s deception.’’ ‘‘It’s not reform, Congress are voting. That is why I ment, or you oppose those free speech it’s deception.’’ think this is just another one of those first amendment rights and the rights Why are we offering this on the sec- poison pill amendments to come up of those who want to defend the second ond amendment, the previous speaker with an issue that is not there. That is amendment. asked? We have amendments to exempt why I urge a vote in opposition to this Mr. Chairman, I reserve the balance everyone, frankly. The point we want amendment. of my time. to make is that this deception is trying Mr. PICKERING. Mr. Chairman, I Mr. STENHOLM. Mr. Chairman, I to curb the free speech rights of all yield 3 minutes to the gentleman from yield 2 minutes to the gentleman from Americans. It is unbelievable how, de- Arizona (Mr. SHADEGG). California (Mr. SCHIFF). spite the facts, these people continue Mr. SHADEGG. Mr. Chairman, I Mr. SCHIFF. I thank the gentleman to pursue this quest to regulate and thank the gentleman for yielding me for yielding me this time. crimp down as much as you can on the time, and I rise in strong support of his Mr. Chairman, I rise in opposition to amount of money that can be spent. amendment. this amendment, which effectively Mr. Samuelson, if anybody takes the The constitutional rights of many states that the provisions of campaign time to read this, says this about cam- Americans are being trampled upon by finance reform shall not apply to any this legislation; but I want to address form of communication on any matter paign contributions: ‘‘Do restrictions on campaign con- my remarks to a more troubling issue, pertaining to the second amendment. Imagine a world in which campaign tributions curb free speech? Yes. an issue that arose last night at midnight. It is the language on page 79 of finance reform applies to everything b 1800 this legislation which does something except the second amendment, and you ‘‘Because modern communication, might ask, how could that possibly be shocking. It provides that in this elec- TV, mailings, phone banks, Internet tion and this election only, you can constitutional? And, of course, the an- sites require money, limits on con- swer is, it cannot be. We cannot single spend money that you borrow as tributions restrict communication. though it were hard money to ex- out any amendment, no matter how fa- More restrictions on contributions to vored it might be, for different treat- pressly advocate the defeat of a can- political candidates and parties is self- didate, and then you can repay that ment under the law. Those regulations defeating. It simply encourages outside that are content-based, as opposed to debt with soft money. groups, unions, industry associations, If soft money is so evil, why was this time, place or manner, are the most environmental groups with their own suspect under the first amendment, language inserted in the bill late last agendas to increase campaign spending and plainly we cannot constitutionally night? I know that Mr. SHAYS did not to influence elections.’’ single out the second amendment, or write this language; and I know that Mr. Chairman, the only reason we any other, for different treatment both sides, Mr. SHAYS and his col- have all of the soft money is because under the campaign finance laws. leagues on the other side, have said it But even if we could, is this good pol- these so-called reformers with their is not our intent to do that, and I have icy? And, of course, it is not. Whether failed reforms who gave us the present read the two letters they have pro- you are a strict constructionist of the law have so restricted the amounts of duced to address that issue. second amendment or you are not, money that can be contributed from But it is our job not to rely on our in- whether you are pro-gun control or hard-money sources that all you have tent, but on the words we write; and I anti-gun control, why would you want left is soft money. would urge my colleagues to read the to allow unlimited, unaccountable, When they get done taking away the words on page 79. They are very clear. anonymous expenditures on campaign soft money, we will move the speech They say: ‘‘The committee may spend ads around election time on something further out into these so-called special such funds to retire outstanding as important as the second amendment interest groups. The previous speaker debts.’’ and be precluded from knowing who is talked about, well, would this not be It does not say outstanding soft- paying for it? Because if this amend- terrible, having these unaccountable money debts, CHRIS. It says out- ment were to pass and somehow be con- groups? If he wants the unaccountable standing debts of every kind. I have stitutional, that is what we would groups, vote for Shays-Meehan. read both of the letters that you have have. We would have these anonymous, It is not reform, it is deception, to produced, and I want to ask you, CHRIS, unlimited expenditures on ads about quote once again Mr. Samuelson, be- if you understand that this language the second amendment, and you would cause I guarantee you, you are moving means that you can take soft money not know who is paying the freight. speech away from the candidate and that you have on hand and spend bor- How can that possibly be good policy? out into third parties increasingly as rowed money for hard-money purposes, It is not. Whatever your position on you clamp down on the amount of you can advocate the defeat of a can- the second amendment is, this is bad money that can be spent. You empower didate with that and then repay it with policy. some groups at the expense of others. soft money, something you say you do So why is it offered when it is plainly We think groups that want to discuss not intend, are you willing to amend unconstitutional and when it is bad the second amendment ought to be able this? Because that is what this lan- policy whether you are for or against a to do so. We think all Americans ought guage does. It will create a huge loop- strict construction of the second to be able to do so. We will offer hole through which $40 million of amendment? It is offered precisely be- amendments to protect the rights of all money can be borrowed and then spent cause it is unconstitutional, because it Americans, and I guess you can vote on hard-money purposes to advocate would force the bill into conference against all of their rights too. the defeat of candidates this year, and committee, because it would effec- Mr. STENHOLM. Mr. Chairman, I then repaid with soft money. The let- tively kill Shays-Meehan. yield 30 seconds to the gentleman from ters do not say to the contrary, CHRIS. Make no bones about it. These Texas (Mr. GREEN). Mr. SHAYS. Mr. Chairman, will the amendments are all over the boards. Mr. GREEN of Texas. Mr. Chairman, gentleman yield? This one goes after the second amend- I am a strong supporter of the second Mr. SHADEGG. I yield to the gen- ment; another, civil rights. But the de- amendment and proud to be a life tleman from Connecticut. sign is the same. It is to kill reform. member of the NRA and the Texas Mr. SHAYS. Mr. Chairman, I would Oppose this amendment. Rifle Association and Houston Gun say to the gentleman, we do not agree Mr. PICKERING. Mr. Chairman, I Collectors; and if I thought this Shays- with the gentleman’s analysis, but I yield 3 minutes to the gentleman from Meehan would stop those groups from want to answer the question. California (Mr. DOOLITTLE). contacting me or any of my constitu- Mr. SHADEGG. Reclaiming my time, Mr. DOOLITTLE. Mr. Chairman, ents, I would vote for the amendment. find me one sentence in here, CHRIS, again to quote from today’s Wash- But that is not true. find me one word, you can read

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.141 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H423 English, do you have page 79 of your the gentleman from Texas (Mr. STEN- trol or against gun control, you should bill? HOLM) has 61⁄2 minutes remaining. honor your oath to uphold the Con- Mr. SHAYS. Yes, I do. Mr. STENHOLM. Mr. Chairman, I stitution and oppose this amendment. Mr. SHADEGG. Will you please read yield 1 minute to the gentleman from Mr. PICKERING. Mr. Chairman, I it, CHRIS? Tennessee (Mr. FORD). yield 1 minute to the gentleman from Mr. SHAYS. I did read it. That is Mr. FORD. Mr. Chairman, my dear Illinois (Mr. SHIMKUS). what I gave you. friend, the gentleman from Arizona Mr. SHIMKUS. Mr. Chairman, I Mr. SHADEGG. No. Well, read it (Mr. SHADEGG), there is probably little thank the gentleman for yielding me right now, and read these words, CHRIS. that can be done to satisfy his con- time. Would you read these words? It says cerns, I would say to the gentleman Mr. Chairman, you have heard me ‘‘retire outstanding debts.’’ from Connecticut (Mr. SHAYS), because say many times on this floor that free- Mr. SHAYS. I do not disagree with he was opposed to the bill before read- dom is not free, and it is paid for by the gentleman’s words. I do not dis- ing the excerpt from last night. the blood of our sons and daughters. agree. But may I have a chance to re- I am reminded in some ways as I hear This is a constitutional issue. This is spond? my colleagues of the recent Presi- a right of people to protect their right ANNOUNCEMENT BY THE CHAIRMAN PRO dential race, when our current Presi- to keep and bear arms. Allowing people TEMPORE dent, and congratulations again to to have that discourse is critical in The CHAIRMAN pro tempore (Mr. him, would say to his opponent, Al this constitutional Republic. THORNBERRY). Members will suspend. Gore, that this guy will say anything I am proud that my constituents The Chair would request that Mem- to win. In a lot of ways, my friends on have called me today overwhelmingly bers yield time properly, and the Chair this side of the aisle are pulling any in support of this amendment. I am further requests Members address their and everything out of their hat to try going to be true to them. This is a pro- remarks to the Chair, and finally the to confuse and distort Members on this gun vote, and I want you to know and Chair requests that Members refer to side and their own to try to send this my constituents to know that I am other Members by their proper State bill to conference. standing up for the second amendment designation and not by first names. I would say to the gentleman from with this vote. The gentleman from Arizona controls California (Mr. DOOLITTLE), the same Mr. STENHOLM. Mr. Chairman, I the time. columnist you cite over and over again, yield 30 seconds to the gentleman from Mr. SHADEGG. CHRIS, I would be Mr. Samuelson, he referred to the Re- Arkansas (Mr. SNYDER). happy to yield to you, if you would publican tax package as deceptive also. Mr. SNYDER. Mr. Chairman, I thank look at the words and insert, or the Maybe he is wrong on both fronts. the gentleman for yielding me time. gentleman from Connecticut. Will the I say to my friend, the gentleman Mr. Chairman, the Constitution is gentleman from Connecticut read the from Texas (Mr. ARMEY), and to my not a buffet table. We cannot walk in words of his bill and show me a word in dear friend, the gentleman from Vir- and pick and choose which rights we there that says that it cannot be used ginia (Mr. TOM DAVIS), and to my want to protect. That is what this to repay hard debts? friend, the gentleman from Texas (Mr. amendment does. Mr. SHAYS. If the gentleman will DELAY), all the amendments that are I have people back home that care yield further, I would cite to the gen- being offered, this is the same group greatly about prayer in schools. This tleman the entire law. It is illegal to that was opposed to campaign finance amendment will not let them have the use soft money for hard money. I would before we arrived here today. same rules as gun owners back home. I just answer this one question you I close on this: the addiction to soft have people back home that care about asked me. Please allow me this oppor- money, all of us will be okay without the President’s faith-based initiative. tunity, if I could. If there was a vehicle it. We can find ways to pay for our golf This amendment does not protect their that we can satisfy your ambiguity, tournaments, to pay for our resort vis- rights of speech in the same way. the ambiguity that you thinks exists, I its. We can find ways to pay for all of The Constitution is not a buffet would be eager to settle this and to those things we pay for with soft table, that we select one thing we like adopt it. Eager to. money now. Vote for Shays-Meehan. and one thing we do not. Vote ‘‘no’’ on Mr. SHADEGG. Oh, it is not ambig- Vote down these poisoned amendments. this blatantly unconstitutional amend- uous, CHRIS. Mr. STENHOLM. Mr. Chairman, I ment. Mr. STENHOLM. Mr. Chairman, I yield 1 minute to the gentleman from Mr. STENHOLM. Mr. Chairman, I yield 1 minute to the gentleman from New Jersey (Mr. ANDREWS). yield myself the balance of my time. Mississippi (Mr. SHOWS). (Mr. ANDREWS asked and was given Mr. Chairman, I rise in strong opposi- Mr. SHOWS. Mr. Chairman, I appre- permission to revise and extend his re- tion to this amendment. I have read it. ciate my friend yielding me time. marks.) It has nothing to do with the second Mr. Chairman, I am pleased to speak Mr. ANDREWS. Mr. Chairman, I amendment. It has nothing to do with in favor of this language protecting the thank my friend for yielding me time. the first amendment. It has everything constitutional freedoms guaranteed to Mr. Chairman, we should all oppose to do with creating a little mischief on Americans by the second amendment. this amendment irrespective of our po- the bill before us today. That is all The second amendment does not belong sition for or against gun control. We that it does. to the Republican Party, and it does should oppose this amendment because I am reminded at this time of the in- not belong to the Democrats either; it it is unconstitutional. It violates the famous words of Will Rogers when he belongs to all the people in this great equal protection clause of the U.S. said, ‘‘It ain’t people’s ignorance that country. Constitution. The underlying bill is a bothers me so much, it is them know- No one in this Chamber is a stronger proper regulation of free speech. What ing so much that ain’t so that is the advocate of second amendment free- is wrong with this amendment is that problem.’’ doms than I am, and I appreciate hav- it segregates that regulation of free As you listen to the debate and dis- ing this time to make this clear to my speech according to what you are say- cussion on this, I would challenge any- colleagues. I am committed to pro- ing. one to find anyone in this body more tecting our second amendment free- So this body is going to say if you strongly in favor of the second amend- doms and to making sure that the lan- speak about the second amendment, ment and/or the first amendment, and guage we are debating right now is in- you have one set of rights; but if you that is why I rise in strong opposition cluded in any campaign reform legisla- speak about anything else, anything to this amendment. The amendment tion that is advanced by this House. else, you do not have that same set of before us would create a tremendous Let us pass this pro-freedom amend- rights. loophole that would allow the flood of ment. On its face, on its face, this amend- soft money from wealthy individuals, The CHAIRMAN pro tempore. The ment violates the equal protection corporations and union dues to con- gentleman from Mississippi (Mr. PICK- clause of the United States Constitu- tinue to unfairly dominate our elec- ERING) has 21⁄2 minutes remaining, and tion; and whether you are for gun con- toral system.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.142 pfrm03 PsN: H13PT2 H424 CONGRESSIONAL RECORD — HOUSE February 13, 2002 There is a lot of misinformation to do with the second amendment or the Pickering Amendment will at least ensure about what the Shays-Meehan bill ac- the first amendment. It has everything this cabal will not be able to dominate the 2nd tually does, and it is circulating all to do with whether or not we are going Amendment debate that is the lifeblood of our over my district today. The Shays- to clean up our political system just a freedoms. If this vital amendment fails, then Meehan bill does not prohibit political little bit. one of our most fundamental liberties will be advertisement by groups prior to an The CHAIRMAN pro tempore (Mr. diminished. That small group of elitists who election. It does not prohibit using the THORNBERRY). The gentleman from disdain the common American, and scorn their name of any Member of Congress or Mississippi (Mr. PICKERING) has 11⁄2 right to own firearms, will do everything in their other candidate in a group’s political minutes remaining. power to influence the gun debate by libeling advertisement. It does not prohibit any Mr. PICKERING. Mr. Chairman, I candidates who stand firm in the protection of group from providing its Members in- yield myself the remaining time. the 2nd amendment. formation about the records of elected Let me use the words of those who It is our constitutional freedom that is at officials through mailings or other advocate this reform to tell what this stake here, and we must not allow it to be legislation is all about. They are very communications. jeopardized under the guise of ‘‘reforming the clear about their purposes. The bill simply requires that inde- electoral process.’’ I urge you to vote ‘‘aye’’ on Scott Harshberger, the president of pendent organizations who participate the Washington D.C.-based Common the Pickering amendment. in the political process do so in the The CHAIRMAN pro tempore. All Cause, says, ‘‘We need to make the con- sunshine so voters know who is trying nection with every person who cares time for debate has expired. to influence their decision and make about gun control that there is a need The question is on the amendment their own judgment about the ads. for campaign finance reform because offered by the gentleman from Mis- Under the bill before us, any organiza- that is how you are going to break sissippi (Mr. PICKERING). tion could run ads right up to election their power.’’ The question was taken; and the day, mentioning names of candidates He goes on to say, ‘‘The equation,’’ Chairman pro tempore announced that and their positions as they wish, so he says, ‘‘is a simple one. A vote for the noes appeared to have it. long as they comply with the rules campaign finance reform is a vote RECORDED VOTE that apply to everyone else, including against the second amendment gun Mr. PICKERING. Mr. Chairman, I de- Members of Congress. I have to comply lobby.’’ It says, ‘‘This is one of those mand a recorded vote. with these rules, and I do not feel they times when there is a very direct con- A recorded vote was ordered. restrict my speech in any way. nection.’’ They say, ‘‘A vote for cam- The vote was taken by electronic de- I strongly support free speech. I paign finance reform is a vote for poli- vice, and there were—ayes 209, noes 219, strongly support the right of anyone to cies about guns.’’ not voting 7, as follows: say whatever they want to about me or It is very clear that their intent here [Roll No. 24] anyone else running for office. But I do is to gut and to defeat those who want AYES—209 not believe that the right to free to advocate and defend the second speech is about the ability of someone amendment. A vote here is to take Aderholt Ehrlich Largent to spend $1 million to influence elec- Akin Emerson Latham away the rights of those on the first Armey English LaTourette tions without disclosing who they are amendment, the freedom of speech, to Bachus Everett Lewis (CA) or where they get their money. help defeat those who want to defend Baker Flake Lewis (KY) I do not believe that the first amend- Ballenger Forbes Linder the second amendment. Barcia Fossella Lucas (KY) ment offers individuals or groups to This is about the second amendment. Barr Gallegly Lucas (OK) spend unlimited amounts of money to The whole underlying text of the legis- Bartlett Ganske Manzullo influence an election without dis- lation of this section is unconstitu- Barton Gekas McCrery closing who they are and where their Bereuter Gibbons McHugh tional. I am convinced it will be struck Biggert Gillmor McInnis money is coming from. This bill should down. But we need to make sure that Bilirakis Goode McKeon not be a problem for groups such as the people know what is really going on Bishop Goodlatte Mica National Rifle Association and Na- right here. This is an attempt by their Blunt Gordon Miller, Dan Boehner Goss Miller, Gary tional Right-to-Life who have a large own words to defeat those who want to Bonilla Graham Miller, Jeff political action committee, and they defend and protect the second amend- Bono Granger Mollohan can use that to finance whatever ads ment. If one stands for the second Boozman Graves Moran (KS) they want to. amendment, if one believes in the first Boswell Green (WI) Myrick Boyd Gutknecht Nethercutt b 1815 amendment, then I urge my colleagues Brown (SC) Hall (TX) Ney to support this amendment. Bryant Hansen Norwood The folks who will be affected by this Mr. BARR. Mr. Chairman, I rise today in Burr Hart Nussle bill are those who are not willing to be support of the amendment to H.R. 2356, of- Burton Hastert Osborne open and aboveboard in their efforts to Buyer Hastings (WA) Otter fered by Representative CHIP PICKERING. Callahan Hayes Oxley influence elections. The current cam- This so-called campaign finance reform leg- Calvert Hayworth Paul paign finance system gives a loud- islation is a direct attack on every American’s Camp Hefley Pence speaker to wealthy individuals who can Cannon Herger Peterson (MN) fundamental right of free speech. It is the 1st Cantor Hilleary Peterson (PA) afford to make large political dona- amendment right of free speech that is most Capito Hilliard Petri tions and gives the average working necessary to protect and defend the Bill of Carson (OK) Hobson Phelps man and woman little voice in the po- Rights and the entire Constitution. Chabot Hoekstra Pickering litical process. Our campaign rules Chambliss Holden Pitts Those supporting this legislation have deliv- Coble Hostettler Pombo have been abused by smart lawyers and ered long and flowery orations, telling us how Collins Hulshof Portman political consultants who have found campaign finance ‘‘reform’’ is about the Combest Hunter Pryce (OH) loopholes to get around the law. We wealthy and the corrupt influencing our elec- Cooksey Hyde Putnam Cox Isakson Radanovich need to put teeth back into laws long toral process. In fact, it is about who controls Cramer Issa Rahall on the books preventing corporate the information being delivered to the elec- Crane Istook Regula treasury money, union dues, and un- torate. Should it be the liberal and media Crenshaw Jenkins Rehberg limited contributions from wealthy in- Cubin John Reynolds elitists who are so removed from the average Culberson Johnson (IL) Rogers (KY) dividuals from being used for campaign American? Should it be this same group that Cunningham Johnson, Sam Rogers (MI) ads. We need to be closing these loop- at every opportunity attempts to prohibit law- Davis, Jo Ann Jones (NC) Rohrabacher holes, not creating new loopholes that abiding Americans everywhere from owning Davis, Tom Keller Ros-Lehtinen Deal Kelly Ross can be abused to avoid sunshine. firearms? Or should it be grassroots organiza- DeLay Kennedy (MN) Royce Vote against this amendment. This tions; reflecting the views of their millions of DeMint Kerns Ryan (WI) amendment will create a gigantic loop- members? It should be the latter, and the Diaz-Balart King (NY) Ryun (KS) hole that we are trying to close, those Doolittle Kingston Schaffer Pickering amendment will help ensure that. Dreier Knollenberg Schrock of us who support the Shays-Meehan. It is preposterous to place the power of Duncan Kolbe Sensenbrenner Oppose this amendment. It has nothing media access into the hands of the elite; and Dunn LaHood Sessions

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.146 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H425 Shadegg Stump Upton b 1847 under $15,000 to just over $27,000 in various Shaw Sununu Vitter subgroups of the minority population. Sherwood Sweeney Walden Mr. WAMP and Mr. WATT of North (9) African Americans were the only race Shimkus Tancredo Watkins (OK) Carolina changed their vote from or ethnic group to show an increase in voter Shows Tanner Watts (OK) ‘‘aye’’ to ‘‘no.’’ participation in congressional elections, in- Shuster Tauzin Weldon (FL) Mr. RADANOVICH and Mr. EHRLICH Simmons Taylor (MS) Weller creasing their presence at the polls from 37 Simpson Taylor (NC) Whitfield changed their vote from ‘‘no’’ to ‘‘aye.’’ percent in 1994 to 40 percent in 1998. Nation- Skeen Terry Wicker So the amendment was rejected. wide, overall turnout by the voting-age pop- Smith (NJ) Thomas Wilson (NM) The result of the vote was announced ulation was down from 45 percent in 1994 to Smith (TX) Thornberry Wilson (SC) as above recorded. 42 percent in 1998. Souder Tiahrt Young (AK) Stated for: (10) In 2000, there were 8.7 million African Stearns Tiberi Young (FL) Mr. FLETCHER. Mr. Chairman, on rollcall American families. The United States had Strickland Toomey 96,000 African American engineers, 41,000 Af- No. 24, I was unavoidably detained. Had I rican American physicians and 47,000 African NOES—219 been present, I would have voted ‘‘aye.’’ American lawyers in 1999. Abercrombie Hall (OH) Neal Stated against: (11) The number of Asians and Pacific Is- Ackerman Harman Northup Mr. KENNEDY of Rhode Island. Mr. Chair- landers voting in congressional elections in- Allen Hastings (FL) Oberstar man, on rollcall No. 24, I was unavoidably de- creased by 366,000 between 1994 and 1998. Andrews Hill Obey tained. Had I been present, I would have (12) Businesses owned by Asians and Pa- Baca Hinchey Olver cific Islanders made up 4 percent of the na- Baird Hinojosa Ortiz voted ‘‘no.’’ tion’s 20.8 million nonfarm businesses. Baldacci Hoeffel Ose The CHAIRMAN pro tempore (Mr. Baldwin Holt Owens THORNBERRY). Pursuant to the order of (13) Asians tend to have larger families - Barrett Honda Pallone the House of Tuesday, February 12, the average family size is 3.6 persons, as opposed to an average Caucasian family of 3.1 Bass Hooley Pascrell 2002, it is now in order to consider an Becerra Horn Pastor persons. Bentsen Houghton Payne amendment by the gentleman from (14) The First Amendment to the United Berkley Hoyer Pelosi Texas (Mr. ARMEY). States Constitution states that, ‘‘Congress Berman Inslee Platts AMENDMENT NO. 31 OFFERED BY MR. WATTS OF shall make no law respecting an establish- Berry Israel Pomeroy OKLAHOMA ment of religion, or prohibiting the free ex- Blagojevich Jackson (IL) Price (NC) ercise thereof; or abridging the freedom of Blumenauer Jackson-Lee Quinn Mr. WATTS of Oklahoma. Mr. Chair- man, I offer an amendment as the des- speech, or of the press; or of the right of the Boehlert (TX) Ramstad people to peaceably assemble, and to peti- Bonior Jefferson Rangel ignee of the gentleman from Texas (Mr. tion the Government for a redress of griev- Borski Johnson (CT) Reyes ARMEY). ances.’’. Brady (PA) Johnson, E. B. Rivers The CHAIRMAN pro tempore. The Brown (FL) Jones (OH) Rodriguez (15) The Supreme Court recognized and em- Brown (OH) Kanjorski Roemer Clerk will designate the amendment. phasized the importance of free speech rights Capps Kaptur Rothman The text of the amendment is as fol- in Buckley v. Valeo, where it stated, ‘‘A re- Capuano Kildee Roybal-Allard lows: striction on the amount of money a person Cardin Kilpatrick Rush or group can spend on political communica- Amendment No. 31 offered by Mr. WATTS of Carson (IN) Kind (WI) Sabo Oklahoma: tion during a campaign necessarily reduces Castle Kirk Sanchez the quantity of expression by restricting the Clay Kleczka Sanders Add at the end title II the following new subtitle: number of issues discussed, the depth of Clayton Kucinich Sandlin their exploration, and the size of the audi- Clement LaFalce Sawyer Subtitle C—Exemption of Communications ence reached. This is because virtually every Lampson Clyburn Saxton Pertaining to Civil Rights and Issues Af- means of communicating ideas in today’s Condit Langevin Schakowsky fecting Minorities Conyers Lantos Schiff mass society requires the expenditure of Costello Larsen (WA) Scott SEC. 221. FINDINGS. money. The distribution of the humblest Coyne Larson (CT) Serrano Congress finds the following: handbill or leaflet entails printing, paper, Crowley Leach Shays (1) More than 70 million people in the and circulation costs. Speeches and rallies Cummings Lee Sherman United States belong to a minority race. generally necessitate hiring a hall and publi- Davis (CA) Levin Skelton (2) More than 34 million people in the cizing the event. The electorate’s increasing Davis (FL) Lewis (GA) Slaughter United States are African American, 35 mil- dependence on television, radio, and other Davis (IL) Lipinski Smith (MI) lion are Hispanic or Latino, 10 million are mass media for news and information has DeFazio LoBiondo Smith (WA) Asian, and 2 million are American Indian or made these expensive modes of communica- DeGette Lofgren Snyder Alaska Native. tion indispensable instruments of effective Delahunt Lowey Solis (3) Minorities account for around 24 per- political speech.’’. DeLauro Luther Spratt cent of the U.S. workforce. (16) In response to the relentlessly repeated Deutsch Lynch Stark (4) Minorities, who owned fewer than 7 per- claim that campaign spending has sky- Dicks Maloney (CT) Stenholm Dingell Maloney (NY) Stupak cent of all U.S. firms in 1982, now own more rocketed and should be legislatively re- Doggett Markey Tauscher than 15 percent. Minorities owned more than strained, the Buckley Court stated that the Dooley Mascara Thompson (CA) 3 million businesses in 1997, of which 615,222 First Amendment denied the government the Doyle Matheson Thompson (MS) had paid employees, generated more than power to make that determination: ‘‘In the Edwards Matsui Thune $591 billion in revenues, created more than free society ordained by our Constitution, it Ehlers McCarthy (MO) Thurman 4.5 million jobs, and provided about $96 bil- is not the government but the people—indi- Engel McCarthy (NY) Tierney lion in payroll to their workers. vidually as citizens and candidates and col- Eshoo McCollum Towns (5) Self-employment as a share of each lectively as associations and political com- Etheridge McDermott Turner group’s nonagricultural labor force (aver- mittees—who must retain control over the Evans McGovern Udall (CO) aged over the 1991-1999 decade) was White, 9.7 quantity and range of debate on public issues Farr McIntyre Udall (NM) percent; African American, 3.8 percent; in a political campaign.’’. Fattah McKinney Velazquez American Indian, Eskimo, or Aleut, 6.4 per- (17) In Buckley, the Court also stated, ‘‘The Ferguson McNulty Visclosky Filner Meehan Walsh cent; and Asian or Pacific Islander, 10.1 per- concept that government may restrict the Foley Meek (FL) Wamp cent. speech of some elements of our society in Ford Meeks (NY) Waters (6) Of U.S. businesses, 5.8 percent were order to enhance the relative voice of others Frank Menendez Watson (CA) owned by Hispanic Americans, 4.4 percent by is wholly foreign to the First Amendment, Frelinghuysen Millender- Watt (NC) Asian Americans, 4.0 percent by African which was designed ‘to secure the widest pos- Frost McDonald Waxman Americans, and 0.9 percent by American In- sible dissemination of information from di- Gephardt Miller, George Weiner dians. verse and antagonistic sources,’ and ‘to as- Gilchrest Mink Weldon (PA) (7) Of the 4,514,699 jobs in minority-owned sure unfettered exchange of ideas for the Gilman Moore Wexler businesses in 1997, 48.8 percent were in Asian- bringing about of political and societal Gonzalez Moran (VA) Wolf Green (TX) Morella owned firms, 30.8 percent in Hispanic-owned changes desired by the people’’’. Woolsey firms, 15.9 percent in African American- (18) Citizens who have an interest in issues Greenwood Murtha Wu Grucci Nadler owned firms, and 6.6 percent in American Na- about or related to civil rights have the Con- Wynn Gutierrez Napolitano tive-owned firms. stitutional right to criticize or praise their (8) Minority-owned firms had about $96 bil- elected officials individually or collectively NOT VOTING—7 lion in payroll in 1997. The average payroll as a group. Communications in the form of Boucher Kennedy (RI) Traficant per employee was roughly $21,000 in the criticism or praise of elected officials is pre- Brady (TX) Riley major minority groups and ranged from just ciously protected as free speech under the Fletcher Roukema

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.028 pfrm03 PsN: H13PT2 H426 CONGRESSIONAL RECORD — HOUSE February 13, 2002 First Amendment of the Constitution of the choice of where to send their kids to committees the option of appearing United States. school. They support the right to send full screen in their television ads and (19) This title contains restrictions on the students to private and religious delivering the disclaimer directly, or rights of citizens, either individually or col- schools if they think those schools are delivering the disclaimer in voice-over lectively, to communicate with or about their elected representatives and to the gen- better suited to their educational with a ‘‘clearly identifiable’’ picture on eral public. Such restrictions would stifle needs. Why should an organized group the screen. This tracks the law passed and suppress individual and group advocacy of black parents not be able to commu- in North Carolina in 1999, which most pertaining to politics and government—the nicate on television or radio, at any believe had a positive effect on the 2000 political expression at the core of the elec- time, their opinions on a candidate’s gubernatorial elections. toral process and of First Amendment free- views about parental choice? I would There is one aspect of the bill’s lan- doms—the very engine of democracy. Such also ask the question, if it is bad some- guage about which I wish to seek addi- restrictions also hinder citizens’ ability to how or another to say that they cannot tional clarification, and I would like to communicate their support or opposition on issues concerning civil rights to their elected voice their concerns, their opinions in yield to the gentleman from Massachu- officials and the general public. the last 60 days, why should they be setts (Mr. MEEHAN) to get an answer to (20) Candidate campaigns and issue cam- able to voice their concerns at all? If it the following question. paigns are the primary vehicles for giving is bad in the last 60 days, it ought to be I would like to clarify for the record voice to popular grievances, raising issues bad all year round. Under the Shays- the authors’ intent with respect to the and proposing solutions. An election, and the Meehan bill, these parents would be si- voice-over option. To my mind, the time leading up to it, is when political lenced. Under my amendment, we pro- postage stamp-sized picture that often speech should be at its most robust and un- tect their first amendment rights. accompanies disclaimers cannot be fettered. The voices of African Americans considered ‘‘clearly identifiable.’’ Is SEC. 222. EXEMPTION FOR COMMUNICATIONS PERTAINING TO CIVIL RIGHTS AND should not be constrained. The that the gentleman from ISSUES AFFECTING MINORITIES. thoughts and ideas of those speaking Massachusetts’s view, or could he pro- None of the restrictions or requirements on issues concerning minorities and vide any further sense of the intent of contained in this title or the amendments civil rights must not be muted. The the term ‘‘clearly identifiable’’ with re- made by this title shall apply to any form or right to free speech is too important to spect to the size of the photograph that mode of communication to the public that sacrifice at the altar of what I believe would appear on screen? consists of information or commentary re- Mr. MEEHAN. Mr. Chairman, will garding the statements, actions, positions, is a flawed campaign finance bill. or voting records of any individual who holds Winston Churchill, in a speech to the the gentleman yield? congressional or other Federal office, or who British House of Commons in 1944, said: Mr. PRICE of North Carolina. I yield is a candidate for congressional or other Fed- ‘‘The United States is a land of free to the gentleman from Massachusetts. eral office, on any matter pertaining to civil speech. Nowhere is speech freer.’’ I say Mr. MEEHAN. Mr. Chairman, I thank rights and issues affecting minorities. we might not like what people say the gentleman from North Carolina The CHAIRMAN pro tempore. Pursu- about us, but we ought to protect the (Mr. PRICE) not only for his question ant to section 3 of House Resolution right to say it. but his very important support on this 344, the gentleman from Oklahoma (Mr. Mr. Chairman, I reserve the balance most important issue. WATTS) and a Member opposed, the of my time. I do think the FEC standard should gentleman from Maryland (Mr. HOYER), Mr. HOYER. Mr. Chairman, I yield understand that the language reads not each will control 10 minutes. 21⁄2 minutes to the gentleman from identifiable but clearly identifiable. The Chair recognizes the gentleman North Carolina (Mr. PRICE) at the out- There will be some photographic im- from Oklahoma (Mr. WATTS). set for the purpose of entering a col- ages that would not meet the clearly Mr. WATTS of Oklahoma. Mr. Chair- loquy with the gentleman from Massa- identifiable standard. man, I yield myself such time as I may chusetts (Mr. MEEHAN), and then I will So I do think that the FEC should consume. respond. understand that the language reads not I rise to stand up for free speech on Mr. PRICE of North Carolina. Mr. identifiable but clearly identifiable; civil rights and other issues involving Chairman, I thank the gentleman from and there would be some photographic members of minority communities. Maryland (Mr. HOYER) for yielding me images, as I said, that would not meet This bill will create consequences for the time. the clearly identifiable standard, and I all constituents that are not good. Mr. Chairman, I rise in strong sup- thank the gentleman from North Caro- The 34 million Americans of African port of the Shays-Meehan bill, which lina (Mr. PRICE) for his question. descent, 35 million Hispanics and would plug two gaping loopholes that Mr. PRICE of North Carolina. Mr. Latinos, 10 million Asian Americans, have made a mockery of the law. It Chairman, I thank the gentleman from and 2 million American Indians deserve would ban unlimited, unaccountable Massachusetts (Mr. MEEHAN) for his the right to free speech as enshrined in soft-money contributions; and it would clarification. The FEC will no doubt the first amendment to the United place issue-advocacy ads that mention issue regulations that carry out the in- States Constitution. These important candidates under the same rules that tent of this language. constituencies have interests that are govern other campaign ads. I urge my colleagues to pass this vi- unique and special. They should not be Campaign reform is not just about tally important legislation, to restore gagged in the name of reform. money, however. It is also about en- the faith of the American people in the Mr. Chairman, this amendment is couraging truthfulness and a focus on integrity of our election process, an in- pretty simple. It states that no restric- the issues. We cannot and should not dispensable keystone of democracy. tions in the Shays-Meehan bill can ban regulate the content of ads, but we can Mr. HOYER. Mr. Chairman, I yield statements, actions or positions of a and must ensure that candidates take myself 2 minutes. candidate pertaining to civil rights and responsibility for the content of their Mr. Chairman, I rise in opposition to other issues affecting minorities. ads and their campaign materials. That this amendment. This amendment is no This amendment is not about soft is the intent of the provisions in the different than the two amendments money. It is not about the RNC, the bill that would strengthen the dis- like it which we previously defeated. In DNC, the NRCC, the DCCC. It makes claimers contained in radio and TV fact, it is in essence exactly like the clear, regardless of political party, ads. last amendment. issues concerning civil rights and mi- I am grateful to the gentleman from I tell my friend from Oklahoma that norities will not be restricted in any Massachusetts (Mr. MEEHAN) and the this is not about whether we are for or way as a result of some parameters on gentleman from Connecticut (Mr. against civil rights. I take a backseat free speech politicians write today to SHAYS) for working with me to include to no one in this institution in support protect their incumbency. most components of my Stand by Your of civil rights and human rights, here Let us take education for example, Ad bill, H.R. 156, in this bill. The and around the world. Mr. Chairman. It is a documented fact Shays-Meehan bill improves upon simi- This is about making some speech that Americans in the black commu- lar Senate-passed language, giving can- more protected than other speech. The nities support giving parents the didates and representatives of political first amendment does not say that. In

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.029 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H427 fact, it is the essence of the first government on them to make it more about cleaning up our political process, amendment that all speech is pro- difficult to participate, to restrict opening it up and letting all the people tected, that no speech is more pro- their freedoms? come in. This is about campaign fi- tected than any other, that there is no This is something that should cut nance reform. That is what it is about. State-favored speech. This is about a across all groups, all parties, in the de- Do not be fooled tonight. bill which I suggest to the gentleman fense of the very fundamental rights Mr. WATTS of Oklahoma. Mr. Chair- from Oklahoma (Mr. WATTS) does not we have as Americans, that we enjoy as man, I yield myself such time as I may stop any speech, contrary to his rep- Americans, and that is the freedom of consume, and I would submit to my resentations. speech without government regulating colleagues that I, too, remember the Does it say under the rules that it, restricting it, or making it more dif- day that I could not swim in the public someone has to use hard money that is ficult for people to participate regard- swimming pool; that I had to sit in the discloseable to make that speech on less of their power or their position. balcony of the movie theater; that I television and on radio? Yes, it does, This is a long tradition that we have could not sit down below with my and it treats all speech exactly the had in American politics. I think in white friends. same. If it were not so, I suggest to the name of reform we are forgetting very Now, to say that in the last 60 days of gentleman it would be unconstitu- foundational, fundamental truths and a campaign that a Member of Congress tional. principles that we want to protect as a who had voted to keep J.C. WATTS in The gentleman may take the position country, as a Nation, and as a people. the balcony of the movie theater, to that, in fact, the bill is unconstitu- So I rise in proud support of the make J.C. WATTS go to the swimming tional, and that will be argued clearly amendment. I am disappointed that the pool in somebody’s backyard and not in the Supreme Court; but this is not previous amendment on the second the public swimming pool, to say that about undermining civil rights speech, amendment did not pass, but this is some Member of Congress is protected, undermining speech about the second still the fundamental issue before us; to say that I cannot point out that amendment, undermining speech, in the first amendment rights for all they voted for that in the last 60 days fact, pursuant to the first amendment. groups at any time to participate with- of a campaign, that is straight from out the government regulation and re- the annals of Fidel Castro. b 1900 striction upon them. Mr. Chairman, I yield 3 minutes to This is about reforming campaign fi- Mr. HOYER. Mr. Chairman, I yield the gentleman from Georgia (Mr. KING- nances. myself 15 seconds for the purpose of STON). And I will say to my friend that this saying that everybody’s speech is pro- Mr. KINGSTON. Mr. Chairman, I amendment, like the other amend- tected. It is how we fund it that is crit- thank the gentleman for yielding me ments, clearly is designed, in my opin- ical. It is how we fund it so that the this time, and I want to say respect- ion, to undermine and defeat campaign American people know who is talking fully to my very good friend from Geor- finance reform, not to protect civil to them, that is the issue here, as well gia, as well as my very good friend rights speech, which is, in fact, pro- as the freedom to talk. Both are pro- from Oklahoma, that civil rights is not tected under the first amendment, tected under Shays-Meehan. a franchise of any one race. True, some which is, in fact, protected under the Mr. Chairman, I yield 2 minutes to in a race may have felt it stronger than thirteenth, fourteenth and fifteenth the distinguished gentleman from others, but having been a white child amendments. Georgia (Mr. LEWIS), who, as I have to integrate a black high school in This amendment, like its prede- said before, has risked life and health Athens, Georgia, and my friend from cessors, which were exactly alike, is to protect the civil rights of not only Georgia may well remember Bernie unnecessary, unneeded, and ought to be African Americans, but all Americans. Harris, I was in the civil rights issues, opposed. Mr. LEWIS of Georgia. Mr. Chair- knew them very personally, very many Mr. WATTS of Oklahoma. Mr. Chair- man, I want to thank my friend, the issues, which we have discussed in the man, I yield myself such time as I may gentleman from Maryland (Mr. HOYER), past. consume to say to my friend from for yielding me this time. I would say that the gentleman from Maryland that he is right, these This amendment is another poison Oklahoma is right. How do we turn amendments are offered to show the pill. It is a phony issue. It has nothing around to people and say they have consequences that this legislation cre- but nothing to do with free speech or free speech but not in the last 60 days? ates is going to be bad for every con- with civil rights. I know something Sunday night I had the opportunity to stituency in America that wants to about civil rights. I grew up at a time go to the Chinese Benevolent Society have a voice the last 60 days of a cam- when I saw those signs that said ‘‘white in Savannah, Georgia, and welcome in paign. men,’’ ‘‘colored men,’’ ‘‘white women,’’ the Year of the Horse, which was yes- Mr. Chairman, I yield 3 minutes to ‘‘colored women,’’ ‘‘white waiting,’’ terday. I have a hard time saying to the gentleman from Mississippi (Mr. ‘‘colored waiting.’’ As a child, I tasted these Chinese American constituents PICKERING). the bitter fruits of integration and ra- that they can participate in the sys- Mr. PICKERING. Mr. Chairman, I cial discrimination, so I know some- tem, but here is how your free speech is rise in support of the amendment of- thing about civil rights. protected. If you are in a certain group, fered by the gentleman from Okla- In 1960, when we were sitting in; in you can give up to $60 million in soft homa. The previous amendment dealt 1961, when we went on the freedom money. with the second amendment. We are rides; in 1963, when we marched on But I do not think they are going to trying to make the point, whether it is Washington; in 1964, when we went to be able to raise that at the Chinese Be- on civil rights or the second amend- Mississippi during the Mississippi sum- nevolent Society because they are a ment, whether it is a prolife group, re- mer project; in 1965, when we marched small group. ligious or secular group, farmers, vet- from Selma to Montgomery, that was If I go down to Toombs Central High erans, those who want to participate in about civil rights. We did not have a School, in Toombs County, Georgia, the political process, that we are going Web site, a Web page. We did not have and I say to a very strong, growing His- to regulate them, restrict their first a fax machine. We did not have a cel- panic group of people, listen, we are amendment or free speech rights, their lular telephone. But we had our bodies. going to clean it up, but there is going political rights to express themselves. We had our feet. And we put our bodies to be about $40 million in the bill that In my district, the African American on the line for civil rights. We did not can go to the Democrats to build a new community, the Choctaw Tribe, the have much money of any kind, hard or building. That is cleaning up America. Mississippi Band of Choctaws, a grow- soft, but we had a dream that we could I would say very carefully, very ing Hispanic community, if they want create an America, a truly interracial guardedly that what the Watts amend- to engage in a grassroots organization democracy, a beloved community. ment does is make it unequivocal to all in informing people of the positions I say to my colleagues that we should minority groups that civil rights will and the parties or the candidates, are be real. This is not about civil rights. be protected, because the distinguished we going to place the heavy hand of This is not about free speech. This is gentleman from Georgia and so many

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.161 pfrm03 PsN: H13PT2 H428 CONGRESSIONAL RECORD — HOUSE February 13, 2002 others from so many other States and American Legal Defense Fund, and the ther side of the second amendment, to so many other races have paid such a NAACP Legal Defense Fund, and oth- raise any first amendment issue, or to high price for full participation in our ers. None of them who have a need to raise any issue of civil rights. There is society today. advocate are prevented by Shays-Mee- no Member of this House on this side, As we celebrate February and Black han from doing so. This amendment and I do not believe there is any Mem- History Month, one of the clear mes- does not protect civil rights it only ber on that side, who would stand to sages that comes to me from my Afri- protects special interest large soft dol- limit debate or speech on any of those can American constituents is that the lars. issues. That is a straw man. struggle continues. It is not over. And When the civil rights movement Mr. Chairman, this bill is about cam- I believe that what this amendment marched to Washington the momentum paign finance reform. This bill is about says is that we need to protect that created the opportunity for the Civil letting Americans know who is paying and make it abundantly clear, and I Rights Act of 1964 and the Voter Rights for elections. This bill is trying to give think that is what this is about. Act of 1965 to pass no special interest Americans confidence that they are in- I can understand people wanting to dollars were there, only the heart and cluded in the process. vote ‘‘no.’’ I can understand for par- soul of people who believed in a better Mr. Chairman, I reject out of hand tisan reasons voting one way or the nation. It was simply the right decision the straw man, and let us reject out of other on any bill. But let us not say for America and its people. hand this amendment. this bill protects the interests of mi- I have said before, let us stand along- The CHAIRMAN pro tempore (Mr. norities or anybody else. It just refun- side the voices of the people today and THORNBERRY). All time has expired. nels the money. It reregulates it. Soft refute all of these poison pills and vote The question is on the amendment money is not banned under this bill, it for real campaign finance reform so offered by the gentleman from Okla- just says that certain interest groups that the people’s voices can be heard homa (Mr. WATTS). get the last whack at it. Certain inter- for the new civil rights movement of The question was taken; and the est groups are protected just a little the 21st century, above the disjangled Chairman pro tempore announced that bit more than others. chords of special interest money. the ayes appeared to have it. So I would urge my colleagues to Mr. WATTS of Oklahoma. Mr. Chair- RECORDED VOTE vote for the Watts amendment. man, I yield myself 30 seconds. Mr. HOYER. Mr. Chairman, I demand Mr. HOYER. Mr. Chairman, I yield 1 We have heard a lot today about peo- a recorded vote. minute to the gentleman from New ple being locked out. What has this A recorded vote was ordered. York (Mr. MEEKS). Congress worked on the last 7 years? The vote was taken by electronic de- Mr. MEEKS of New York. Mr. Chair- We have given people more of their vice, and there were—ayes 185, noes 237, man, I stand here in strong opposition money to spend. We have paid down the not voting 12, as follows: to this amendment. public debt. We have given our soldiers [Roll No. 25] This is a clear case where we must more money to protect America’s in- read the label very carefully, look at terests and protect themselves around AYES—185 the small print, because to say that the country. We have had a successful Aderholt Fletcher McHugh Akin Forbes McInnis this is about civil rights, if this House welfare reform bill passed that Repub- Armey Fossella McKeon and if we wanted to talk about civil licans and Democrats both boast about. Bachus Gallegly Mica rights, we would be really talking Those are the things that we have Baker Gekas Miller, Dan about election reform. This bill has Ballenger Gibbons Miller, Gary done. Barr Gillmor Miller, Jeff nothing to do with civil rights. It is My constituents have a right to vote Bartlett Goode Moran (KS) what I would call mislabeling. against me if they do not like what we Barton Goodlatte Myrick What this bill is about is about al- have done. How has anyone been locked Bereuter Goss Nethercutt Biggert Granger Ney lowing people who have been locked out of the process? Bilirakis Graves Northup out of a process to be in the process. Mr. Chairman, I yield the balance of Blunt Green (WI) Norwood What this bill is about is about not my time to the gentleman from Vir- Boehner Gutknecht Nussle misleading people with ads at the end Bonilla Hall (TX) Otter ginia (Mr. CANTOR). Bono Hansen Paul of a campaign that tells them some- Mr. CANTOR. Mr. Chairman, I would Boozman Hart Pence thing that is not true. What this bill is just say that this bill is not about true Brown (SC) Hastings (WA) Peterson (PA) about is really about the first amend- campaign finance reform. What the Bryant Hayes Pickering Burr Hayworth Pitts ment rights of people, having the right amendment of the gentleman from Burton Hefley Pombo to petition when they feel aggrieved, Oklahoma (Mr. WATTS) tries to do is it Buyer Herger Portman and the American people have felt ag- tries to stop the censorship of free Callahan Hilleary Pryce (OH) grieved with what we are doing here Calvert Hobson Putnam speech having to do with civil rights Camp Hoekstra Radanovich with campaign financing, and it needs and protecting and being a proponent Cannon Holden Regula reforming. of protecting the rights of minorities. Cantor Hostettler Rehberg This is not a civil rights bill. Without this amendment, and contrary Capito Hulshof Reynolds Mr. WATTS of Oklahoma. Mr. Chair- Chabot Hunter Rogers (KY) to what has been said before, there are Chambliss Hyde Rogers (MI) man, I reserve the balance of my time. elevated cases of increased scrutiny on Coble Isakson Rohrabacher Mr. HOYER. Mr. Chairman, I yield 1 certain classes of speech, on certain at- Collins Issa Ros-Lehtinen minute to the gentlewoman from Texas Combest Istook Royce tributes of individuals in this country. Cooksey Jenkins Ryan (WI) ACKSON EE (Ms. J -L ). What we are trying to do by this Cox Johnson (IL) Ryun (KS) (Ms. JACKSON-LEE of Texas asked amendment is to ensure that free Crane Johnson, Sam Saxton and was given permission to revise and speech having to do with the protec- Crenshaw Jones (NC) Schaffer Culberson Keller Schrock extend her remarks.) tion of civil rights will be protected. Ms. JACKSON-LEE of Texas. Civil Cunningham Kelly Sensenbrenner b 1915 Davis, Jo Ann Kennedy (MN) Sessions rights is extremely personal, it has to Davis, Tom Kerns Shadegg do with convictions and commitment. I Mr. HOYER. Mr. Chairman, I yield Deal King (NY) Shaw am reminded of the time Rosa Parks myself such time as I may consume. DeLay Kingston Sherwood DeMint Knollenberg Shimkus sat down on a Montgomery bus and she Mr. Chairman, if an argument lacks Diaz-Balart Kolbe Shuster called Martin King. There were no spe- substance, Members create a straw Doolittle LaHood Simpson cial interest dollars there, and a civil man, and make that straw man look Dreier Largent Skeen Duncan Latham Smith (NJ) rights movement began, and it changed exceedingly bad. Then they knock that Dunn LaTourette Smith (TX) the Nation. straw man down, and then say how Ehlers Lewis (CA) Souder That is the basis for what we do great that is. The problem here is this Ehrlich Lewis (KY) Stearns today, and that is how we open the straw man is hollow and not true. Emerson Linder Stump English Lucas (OK) Sununu doors now for new voices to be heard, There is no restriction in this bill for Everett Manzullo Sweeney like the NAACP, LULAC, the Mexican any American to raise an issue on ei- Flake McCrery Tancredo

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.154 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H429 Tauzin Upton Whitfield Connecticut and WYNN changed their cluding contributions from personal funds of Taylor (NC) Vitter Wicker vote from ‘‘aye’’ to ‘‘no.’’ the candidate) that may be expended in con- Terry Walden Wilson (NM) nection with the election, as determined on Thomas Watkins (OK) So the amendment was rejected. Wilson (SC) June 30 and December 31 of the year pre- Thornberry Watts (OK) The result of the vote was announced Young (AK) ceding the year in which a general election is Tiberi Weldon (FL) Young (FL) as above recorded. Toomey Weller held, over The CHAIRMAN pro tempore (Mr. ‘‘(II) the aggregate amount of 50 percent of NOES—237 THORNBERRY). Pursuant to the order of gross receipts of the opposing candidate’s au- Abercrombie Grucci Neal the House of Tuesday, February 12, thorized committee during any election Ackerman Gutierrez Oberstar 2002, it is now in order to consider an cycle (not including contributions from per- Allen Hall (OH) Obey sonal funds of the candidate) that may be ex- Andrews Harman Olver amendment by the gentleman from Baca Hastings (FL) Ortiz Connecticut (Mr. SHAYS) or the gen- pended in connection with the election, as Baird Hill Osborne tleman from Massachusetts (Mr. MEE- determined on June 30 and December 31 of Baldacci Hilliard the year preceding the year in which a gen- Ose HAN). Baldwin Hinchey Owens eral election is held. Barcia Hinojosa Pallone AMENDMENT NO. 10 OFFERED BY MRS. CAPITO ‘‘(3) TIME TO ACCEPT CONTRIBUTIONS UNDER Barrett Hoeffel Pascrell Mrs. CAPITO. Mr. Chairman, I offer INCREASED LIMIT.— Bass Holt Pastor ‘‘(A) IN GENERAL.—Subject to subparagraph Becerra Honda an amendment as the designee of the Pelosi (B), a candidate and the candidate’s author- Bentsen Hooley Peterson (MN) gentleman from Connecticut (Mr. Berkley Horn Petri SHAYS). ized committee shall not accept any con- Berman Houghton Phelps The CHAIRMAN pro tempore. The tribution, and a party committee shall not Berry Hoyer make any expenditure, under the increased Platts Clerk will designate the amendment. Bishop Inslee Pomeroy limit under paragraph (1)— Blagojevich Israel Price (NC) The text of the amendment is as fol- ‘‘(i) until the candidate has received notifi- Blumenauer Jackson (IL) Quinn lows: cation of the opposition personal funds Boehlert Jackson-Lee Rahall Bonior (TX) Amendment No. 10 offered by Mrs. CAPITO: amount under subsection (b)(1); and Ramstad Add at the end of title III the following ‘‘(ii) to the extent that such contribution, Borski Jefferson Rangel Boswell John Reyes new section: when added to the aggregate amount of con- Boucher Johnson, E. B. Rivers SEC. 320. MODIFICATION OF INDIVIDUAL CON- tributions previously accepted and party ex- Boyd Jones (OH) Rodriguez TRIBUTION LIMITS FOR HOUSE CAN- penditures previously made under the in- Brady (PA) Kanjorski Roemer DIDATES IN RESPONSE TO EXPENDI- creased limits under this subsection for the Brown (FL) Kaptur Ross TURES FROM PERSONAL FUNDS. election cycle, exceeds 100 percent of the op- Brown (OH) Kennedy (RI) Rothman (a) INCREASED LIMITS.—Title III of the Fed- position personal funds amount. Capps Kildee Roybal-Allard eral Election Campaign Act of 1971 (2 U.S.C. ‘‘(B) EFFECT OF WITHDRAWAL OF AN OPPOS- Capuano Kilpatrick Sabo Cardin Kind (WI) 431 et seq.) is amended by inserting after sec- ING CANDIDATE.—A candidate and a can- Sanchez Carson (IN) Kirk tion 315 the following new section: Sanders didate’s authorized committee shall not ac- Carson (OK) Kleczka Sandlin ‘‘MODIFICATION OF CERTAIN LIMITS FOR HOUSE cept any contribution and a party shall not Castle Kucinich Sawyer CANDIDATES IN RESPONSE TO PERSONAL FUND make any expenditure under the increased Clay LaFalce Schakowsky limit after the date on which an opposing Clayton Lampson EXPENDITURES OF OPPONENTS Schiff Clement Langevin ‘‘SEC. 315A. (a) AVAILABILITY OF INCREASED candidate ceases to be a candidate to the ex- Scott Clyburn Lantos tent that the amount of such increased limit Serrano LIMIT.— Condit Larsen (WA) is attributable to such an opposing can- Shays ‘‘(1) IN GENERAL.—Subject to paragraph (3), Conyers Larson (CT) Sherman if the opposition personal funds amount with didate. Costello Leach Shows respect to a candidate for election to the of- ‘‘(4) DISPOSAL OF EXCESS CONTRIBUTIONS.— Coyne Lee Simmons fice of Representative in, or Delegate or ‘‘(A) IN GENERAL.—The aggregate amount Cramer Levin of contributions accepted by a candidate or a Crowley Lewis (GA) Skelton Resident Commissioner to, the Congress ex- Cummings Lipinski Slaughter ceeds $350,000— candidate’s authorized committee under the Davis (CA) LoBiondo Smith (MI) ‘‘(A) the limit under subsection (a)(1)(A) increased limit under paragraph (1) and not Smith (WA) Davis (FL) Lofgren with respect to the candidate shall be tri- otherwise expended in connection with the Davis (IL) Lowey Snyder election with respect to which such contribu- Solis pled; DeGette Lucas (KY) ‘‘(B) the limit under subsection (a)(3) shall tions relate shall, not later than 50 days Delahunt Luther Spratt Stenholm not apply with respect to any contribution after the date of such election, be used in the DeLauro Lynch manner described in subparagraph (B). Deutsch Maloney (CT) Strickland made with respect to the candidate if the Dicks Maloney (NY) Stupak contribution is made under the increased ‘‘(B) RETURN TO CONTRIBUTORS.—A can- Dingell Markey Tanner limit allowed under subparagraph (A) during didate or a candidate’s authorized com- Doggett Mascara Tauscher a period in which the candidate may accept mittee shall return the excess contribution Taylor (MS) Dooley Matheson such a contribution; and to the person who made the contribution. Doyle Matsui Thompson (CA) ‘‘(C) the limits under subsection (d) with ‘‘(b) NOTIFICATION OF EXPENDITURES FROM Edwards McCarthy (MO) Thompson (MS) Engel McCarthy (NY) Thune respect to any expenditure by a State or na- PERSONAL FUNDS.— Eshoo McCollum Thurman tional committee of a political party on be- ‘‘(1) IN GENERAL.— Etheridge McDermott Tierney half of the candidate shall not apply. ‘‘(A) DEFINITION OF EXPENDITURE FROM PER- Evans McGovern Towns ‘‘(2) DETERMINATION OF OPPOSITION PER- SONAL FUNDS.—In this paragraph, the term Farr McIntyre Turner SONAL FUNDS AMOUNT.— ‘expenditure from personal funds’ means— Udall (CO) Fattah McKinney ‘‘(A) IN GENERAL.—The opposition personal ‘‘(i) an expenditure made by a candidate Udall (NM) Ferguson McNulty funds amount is an amount equal to the ex- using personal funds; and Filner Meehan Velazquez Foley Meek (FL) Visclosky cess (if any) of— ‘‘(ii) a contribution or loan made by a can- Ford Meeks (NY) Walsh ‘‘(i) the greatest aggregate amount of ex- didate using personal funds or a loan secured Frank Menendez Wamp penditures from personal funds (as defined in using such funds to the candidate’s author- Frelinghuysen Millender- Waters subsection (b)(1)) that an opposing candidate ized committee. Frost McDonald Watson (CA) in the same election makes; over ‘‘(B) DECLARATION OF INTENT.—Not later Ganske Miller, George Watt (NC) ‘‘(ii) the aggregate amount of expenditures than the date that is 15 days after the date Gephardt Mink Waxman from personal funds made by the candidate on which an individual becomes a candidate Gilchrest Mollohan Weiner Gilman Moore Weldon (PA) with respect to the election. for the office of Representative in, or Dele- Gonzalez Moran (VA) Wexler ‘‘(B) SPECIAL RULE FOR CANDIDATE’S CAM- gate or Resident Commissioner to, the Con- Gordon Morella Wolf PAIGN FUNDS.— gress, the candidate shall file a declaration Graham Murtha Woolsey ‘‘(i) IN GENERAL.—For purposes of deter- stating the total amount of expenditures Green (TX) Nadler Wu mining the aggregate amount of expendi- from personal funds that the candidate in- Greenwood Napolitano Wynn tures from personal funds under subpara- tends to make, or to obligate to make, with NOT VOTING—12 graph (A), such amount shall include the respect to the election that will exceed Brady (TX) Oxley Rush gross receipts advantage of the candidate’s $350,000. Cubin Payne Stark authorized committee. ‘‘(C) INITIAL NOTIFICATION.—Not later than DeFazio Riley Tiahrt ‘‘(ii) GROSS RECEIPTS ADVANTAGE.—For pur- 24 hours after a candidate described in sub- Johnson (CT) Roukema Traficant poses of clause (i), the term ‘gross receipts paragraph (B) makes or obligates to make an b 1936 advantage’ means the excess, if any, of— aggregate amount of expenditures from per- ‘‘(I) the aggregate amount of 50 percent of sonal funds in excess of $350,000 in connec- Ms. HOOLEY of Oregon and Messrs. gross receipts of a candidate’s authorized tion with any election, the candidate shall MALONEY of Connecticut, LARSON of committee during any election cycle (not in- file a notification.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.032 pfrm03 PsN: H13PT2 H430 CONGRESSIONAL RECORD — HOUSE February 13, 2002 ‘‘(D) ADDITIONAL NOTIFICATION.—After a we are currently considering tilts the to the gentleman from New York (Mr. candidate files an initial notification under playing field away from average Amer- OWENS). subparagraph (C), the candidate shall file an icans wishing to run for office. My (Mr. OWENS asked and was given additional notification each time expendi- amendment would help return a sense permission to revise and extend his re- tures from personal funds are made or obligated to be made in an aggregate amount of balance to congressional elections marks.) that exceeds $10,000. Such notification shall by allowing candidates who are un- b 1945 be filed not later than 24 hours after the ex- fairly disadvantaged by their oppo- penditure is made. nent’s personal wealth to raise match- Mr. OWENS. Mr. Chairman, the gen- ‘‘(E) CONTENTS.—A notification under sub- ing funds through higher contribution tlewoman makes a persuasive case, and paragraph (C) or (D) shall include— limits and additional assistance from I would not want to argue with the ‘‘(i) the name of the candidate and the of- the national party. fairness, logic or commonsense arith- fice sought by the candidate; Quite simply, once a candidate metic of what she has to say. It makes ‘‘(ii) the date and amount of each expendi- sense. ture; and spends $350,000, and I think that is quite a bit, or more of their own money The important thing is that Shays- ‘‘(iii) the total amount of expenditures Meehan makes sense as it is right now, from personal funds that the candidate has on their own campaign, their opponent made, or obligated to make, with respect to is eligible to raise matching funds. and if this amendment is being offered an election as of the date of the expenditure These matching funds can come in the as another way of tinkering with it in that is the subject of the notification. form of national party assistance and/ a way which makes it impossible to get ‘‘(F) PLACE OF FILING.—Each declaration or or additional individual contribution a settlement between the two Houses, notification required to be filed by a can- raised at three times the current lim- then that I would be certainly opposed didate under subparagraph (C), (D), or (E) to. shall be filed with— its. Once parity is achieved, the regular contribution limits go back into effect. But I cannot argue with the logic. All ‘‘(i) the Commission; and of us ought to understand that the ‘‘(ii) each candidate in the same election I want to stress to my colleagues and the national party of each such can- that my intention in offering this American public out there, our con- didate. amendment is not to add more money stituents, are like the little child in ‘‘(2) NOTIFICATION OF DISPOSAL OF EXCESS to the system. Rather, I want to en- Hans Christian Anderson’s tale of ‘‘The CONTRIBUTIONS.—In the next regularly sched- courage all candidates, wealthy or not, Emperor’s New Clothes.’’ They under- uled report after the date of the election for to play by the same rules. This amend- stand what is happening. They under- which a candidate seeks nomination for elec- ment is not about throwing more stand what makes sense. tion to, or election to, Federal office, the money into campaigns. It is about If we are tinkering and posturing in candidate or the candidate’s authorized com- order to prevent anything moving for- mittee shall submit to the Commission a re- making money less important by cor- port indicating the source and amount of recting the inequities that are created ward, they can understand that. In the any excess contributions (as determined when wealthy candidates use their own long run, we will have to be on the side under subsection (a)) and the manner in resources to sway elections. of logic, and this amendment certainly which the candidate or the candidate’s au- There are many candidates, and I am makes a lot of sense. In fact, the cam- thorized committee used such funds. one, who have attempted to run a suc- paign finance reform bill law which is ‘‘(3) ENFORCEMENT.—For provisions pro- cessful campaign against an opponent in effect in New York City governing viding for the enforcement of the reporting who had an unlimited war chest of per- municipal elections is a very good law requirements under this subsection, see sec- that I would point to as a good model. tion 309.’’. sonal finances. It is unfortunate that (b) CONFORMING AMENDMENT.—Section the strength and the seemingly bot- Mr. FATTAH. Mr. Chairman, will the 315(a)(1) of the Federal Election Campaign tomless nature of a candidate’s pocket- gentleman yield? Act of 1971 (2 U.S.C. 441a), as amended by sec- book can present additional obstacles Mr. OWENS. I yield to the gentleman tion 304(a), is amended by striking ‘‘sub- beyond the basic debate over the mer- from Pennsylvania. section (i),’’ and inserting ‘‘subsection (i) and its of ideas. Large personal fortunes Mr. FATTAH. Mr. Chairman, if I section 315A,’’. were not a prerequisite that our could ask the author of the amend- The CHAIRMAN pro tempore. Pursu- Founding Fathers envisioned for being ment, could they clarify whether this ant to section 3 of House Resolution a public servant. The creators of our language was considered in the Senate. 344, the gentlewoman from West Vir- government never intended for big If we could get some clarification, it ginia (Mrs. CAPITO) and the gentleman bank accounts to be the key to ensur- might be helpful. from Pennsylvania (Mr. FATTAH) each ing many years in office. That was to Mr. SHAYS. Mr. Chairman, will the will control 10 minutes. be a decision for the voters. gentleman yield? The Chair recognizes the gentle- The American public’s cry for cam- Mr. OWENS. I yield to the gentleman woman from West Virginia (Mrs. paign finance reform is a testimony to from Connecticut. CAPITO). the widespread, accepted truth that Mr. SHAYS. Mr. Chairman, I appre- Mrs. CAPITO. Mr. Chairman, I yield money can have the ability to distort ciate the gentleman yielding. myself such time as I may consume. government and politics. The uneven Mr. Chairman, the Senate has what (Mrs. CAPITO asked and was given playing field that is created when can- they refer to as a ‘‘millionaire’s permission to revise and extend her re- didates throw millions and millions of amendment’’ or a level playing field marks.) their own money into an election must amendment. They allow for three times Mrs. CAPITO. Mr. Chairman, as a be addressed and remedied here and the amount of hard money at a certain strong supporter of campaign finance now if we want true and comprehensive level, and then at a certain point they reform, I am glad to see us debating campaign finance reform. allow 10 times the amount. But each this issue on the floor this evening. I The only way a pure American de- Senate district is different. So they did want to thank the gentleman from mocracy can work is if people have it for each Senate territory. The States Connecticut (Mr. SHAYS) for allowing faith in the system and if they partici- have different populations and so on. me to offer this amendment, and I ap- pate. That includes running for office. So what was done by the gentle- preciate his willingness to allow me to It is time to recognize that the reali- woman from West Virginia is an stand in to offer the amendment. ties of today’s elections prevent many amendment that allows House Mem- Mr. Chairman, this amendment was from participating. bers to have the same kind of amend- created in cooperation with the most I urge my colleagues to accept the ment. It would be compatible with the ardent supporters of campaign finance amendment so that any American run- Senate amendment. It works in har- reform in an attempt to devise a way ning for office can compete on an even mony with it. to correct what I believe is one of the playing field. We have this as what we refer to as a most glaring inequities in the current Mr. Chairman, I reserve the balance neutral amendment. The Senate does system, the problem of self-financed of my time. not care whether we pass it or not. We candidates giving unlimited personal Mr. FATTAH. Mr. Chairman, the want to make sure that the House does resources to outspend and defeat their gentlewoman makes a persuasive case its will. I support this amendment with opponents. Unfortunately, the bill that for her amendment. I yield 4 minutes all my heart. I think the one weakness

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.042 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H431 in our bill is that when you run against Mr. UDALL of New Mexico. Mr. In the aftermath of Enron, many in the halls someone wealthy, you cannot get the Chairman, I rise to support this amend- of government and across the country are tak- same resources and you are put at a ment because I think it brings fairness ing a new look at the role that soft money disadvantage, and especially if we are to this process. plays in politics. The true outrage of Enron is going to take away soft money. Mr. Chairman, today, as we debate this crit- not that they broke the rules, it is that they Mr. OWENS. Mr. Chairman, reclaim- ical legislation, it is important to remember were able to use their money and influence to ing my time, I will say emphatically I how we got here. In the aftermath of the Wa- make the rules in the first place. Enron got the support the amendment if it is not part tergate scandal, our nation began looking for best regulations money can buy, and their of a process of under the cloak of good a way to address the major problems facing workers and shareholders paid the price. government attempting to sabotage our political system. Congress led the way to The case of Enron only proved what most the Shays-Meehan bill. I think it reform by amending the 1971 Federal Election people already know about our campaign fi- makes sense. As I said before, it is in Campaign Act (FECA) in the hope that we nance system. Even before Enron, 75 percent harmony with the New York City mu- could clean up our politics and diminish the in- of Americans supported campaign finance re- nicipal election law which has provi- fluence of big money in campaigns and elec- form. But, if the American people so over- sions similar to this, and I would cer- tions. whelming support it, why has this government tainly support it. After Watergate, we heard stories of bags of failed to enact meaningful reform? It is be- I hope we understand that the people cash used to corrupt our politics. Those bags cause for years, opponents of reform have out there understand also when we are of cash were the Soft Money of their day. found a way to kill reform proposals quietly, posturing. They want to see some real Then we had soft money in cash—today we ensuring that they would never have to take a reform. They understand the relation- have soft money checks. And the amounts are stand against such popular measures. ship between Enron’s contributions and astronomical. This year, opponents of reform will yet again Global Crossing’s contributions and the Almost 30 years later, we are faced with a attempt to kill reform through dishonesty and fact that regulators have not regulated system that, while certainly better than it was subterfuge. We will see amendment after appropriately. in the early 1970’s, remains riddled with loop- amendment aimed at sending Shays-Meehan, It is just a matter of time before all holes that allow wealthy special interests to the most comprehensive reform bill currently of this is going to be clearly under- exert too much influence. In the resulting flood on the table, to conference committee, where stood by the whole public, and we of cash, the average voter isn’t heard. The its opponents predict it will die a slow but si- 1970’s campaign finance reforms were in- might as well move to stay ahead of lent death. These amendments will no doubt tended to clean up our system. Yet the well- the people and have real reform here. seem reform-oriented on the surface, but be- intentioned efforts failed to imagine how cor- I would certainly support this par- neath their shell they are poison pills, de- porations, unions and individuals would exploit ticular amendment in that spirit. signed to kill our efforts for reform. That’s what loopholes and find ways to inject their money Mrs. CAPITO. Mr. Chairman, I yield 2 poison does . . . it kills. We must stand to- minutes to the gentleman from Vir- into the political system. It is legitimate to ask: why ban soft money. gether against these poison pills. If we hold ginia (Mr. TOM DAVIS). our united front on these tough amendments, Mr. TOM DAVIS of Virginia. Mr. What do political parties and interest groups do with their money other than advocate for we will have a final product that we can send Chairman, I think the gentleman from to the other body and to President Bush for Connecticut has made it clear this is the election of their candidates? They do very important party building work such as reg- his signature. not offered as a gutting amendment. If the American people are to participate in This is in fact harmonious with a simi- istering voters and encouraging them to vote, but too much of their money is spent buying and respect the electoral process, they must lar Senate version, but I think a much see that the influence of the voter is not out- better version. attack ads paid for with soft money. Shays- Meehan will still allow these real and important weighed by the purchased influence of This gets around the Supreme Court wealthy special interests. We must restore dig- decision in Buckley v. Valeo that basi- party-building activities, but we can take a step in the right direction today to end sham nity to the process by putting people ahead of cally said millionaire candidates can money. Shays-Meehan, although it is not the spend as much money as they want on issues ads. Campaign finance reform goes even deeper end of the road, is a real step towards a polit- behalf of their own campaigns, while than today’s debate. All legislation we debate ical system of, by and for the people, without the rest of us are limited in what we is affected. the corrupting influence of enormous amounts can raise by the Federal election law. If we are to finally achieve what our prede- of soft money. I hope you will join me in pass- This relaxes those laws that will cessors sought over a quarter century ago, we ing Shays-Meehan, free of poison pill amend- allow parties to come in relaxing their much put an end to the soft money that ments, so that we may take yet another step contributory limits to candidates, and makes a mockery of our current campaign fi- toward a more representative democracy and also the way we raise money. This nance laws. What is at stake is nothing less a more perfect union. evens the playing field for candidates than our democracy. The principle of one In closing, I want to congratulate and thank who are challenging millionaires or man, one vote is consistently undermined by my colleagues, Mr. SHAYS and Mr. MEEHAN, who are challenged by millionaires; the the ability of wealthy individuals and interests for their leadership on this issue. I am proud individual who can go to McDonald’s, to purchase political power. to associate myself with their hard work on have breakfast with himself, write I am often asked why Congress has not this important legislation and look forward to himself a $3 million check and have the been able to pass legislation such as a pa- its passage. largest fund-raising breakfast in his- tient’s bill of rights or a Medicare prescription I urge my colleagues to vote no on these tory. This would allow us the tools to drug benefit for the nation’s seniors. I have to sham poison pill amendments and vote yes on be able to go and compete fairly with say that we in Congress must fight against a final passage. It’s the best option for honest them. powerful tide of money as we try to protect the campaign reform we have had in a generation. So I think I applaud the gentle- public interest against the interests of a privi- Mr. FATTAH. Mr. Chairman, I yield 1 woman for her amendment in this case. leged few. The ubiquitous and pernicious influ- minute to the gentleman from New I think it makes a bad bill better. I ence of money in Washington mocks our best Jersey (Mr. ANDREWS). think it is a problem that is in existing efforts to protect the underprivileged. Cam- (Mr. ANDREWS asked and was given law. It does not exist because of the paign finance reform is especially important permission to revise and extend his re- Shays-Meehan bill; this is a problem in because it will allow us to serve those who marks.) existing law. And I think this is an ap- need our help the most, the average citizens Mr. ANDREWS. Mr. Chairman, I propriate remedy, and I would urge my who can’t afford to give hundreds of thou- thank the gentleman for yielding me colleagues to support it. sands in soft money. time. Mr. FATTAH. Mr. Chairman, I yield The time for change is now. Mr. Chairman, I rise in support of such time as he may consume to the I traveled all across my district in January this very-well-thought-out amendment. gentleman from New Mexico (Mr. conducting town hall meetings at every stop. I commend the author for her efforts in UDALL). My constituents were outraged by the Enron crafting what appears to be a very sen- (Mr. UDALL of New Mexico asked scandal and what it really means. My constitu- sible approach to this issue. and was given permission to revise and ents detected the corrupting connection be- I would also say that this amend- extend his remarks.) tween money and politics and so do yours. ment rather distinguishes itself in the

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.170 pfrm03 PsN: H13PT2 H432 CONGRESSIONAL RECORD — HOUSE February 13, 2002 long line of amendments we are dealing They are Christians, they are Muslims, they (12) World War II resulted in not only a with tonight, as I think it is a serious are Jews. They are fathers, mothers, sisters, vast increase in the veteran population, but amendment to improve the legislation brothers, sons and daughters. They are also in large number of new benefits enacted and not an attempt to scuttle it. neighbors, down the street or right next by the Congress for veterans of the war. The door. They are teachers in our schools, they World War II GI Bill, signed into law on June Again, I think adjusting the hard- are factory workers. They are Americans liv- 22, 1944, is said to have had more impact on money contributions when one runs ing today who served in the armed services, the American way of life than any law since against a person with great wealth is and they are the more than 1,000,000 who the Homestead Act more than a century ago. fair, reasonable and entirely consistent have died in America’s wars. (13) About 2,700,000 veterans receive dis- with the underlying scheme, and I urge (3) America’s veterans are men and women ability compensation or pensions from VA. my colleagues to vote in favor of the who have fought to protect the United Also receiving Veterans’ Administration amendment. States against foreign aggressors as Soldiers, benefits are 592,713 widows, children and par- Mrs. CAPITO. Mr. Chairman, I yield Sailors, Airmen, Coast Guardsmen and Ma- ents of deceased veterans. Among them are myself such time as I may consume. rines. The members of our elite organization 133,881 survivors of Vietnam era veterans and Mr. Chairman, I would like to thank are those who have discharged their very 295,679 survivors of World War II veterans. In special obligation of citizenship as service- fiscal year 2001, Veterans’ Administration my colleagues for their support and in men and women, and who today continue to planned to spend $22,000,000,000 yearly in dis- verbalizing it this evening. My intent, expend great time, effort and energy in the ability compensation, death compensation of course, is to improve the legislation service of their fellow veterans and their and pension to 3,200,000 people. and not to bring it down in any form or communities. (14) Veterans’ Administration manages the fashion. I think I made a good point (4) There is a bond joining every veteran largest medical education and health profes- that I have worked with the most ar- from every branch of the service. Whether sions training program in the United States. dent supporters of campaign finance re- drafted or enlisted, commissioned or non- Veterans’ Administration facilities are affili- form to improve this bill. commissioned, each took an oath, lived by a ated with 107 medical schools, 55 dental code, and stood ready to fight and die for schools and more than 1,200 other schools Mr. Chairman, I yield back the bal- their country. across the country. Each year, about 85,000 ance of my time. (5) American men and women in uniform health professionals are trained in Veterans’ Mr. FATTAH. Mr. Chairman, I yield risk their lives on a daily basis to defend our Administration medical centers. More than myself such time as I may consume. freedom and democracy. Americans have al- half of the physicians practicing in the Mr. Chairman, on reflection from the ways believed that there are values worth United States have had part of their profes- debate and persuaded by my worthy fighting for—values and liberties upon which sional education in the Veterans’ Adminis- colleague, I would recede from my op- America was founded and which we have car- tration health care system. position. I urge all Members to support ried forward for more than 225 years, that (15) 75 percent of Veterans’ Administration men and women of this great nation gave researchers are practicing physicians. Be- the amendment. their lives to preserve. cause of their dual roles, Veterans’ Adminis- Mr. Chairman, I yield back the bal- (6) It is the sacrifice borne by generations tration research often immediately benefits ance of my time. of American veterans that has made us patients. Functional electrical stimulation, The CHAIRMAN pro tempore (Mr. strong and has rendered us the beacon of a technology using controlled electrical cur- THORNBERRY). The question is on the freedom guiding the course of nations rent to activate paralyzed muscles, is being amendment offered by the gentle- throughout the world. American veterans developed at Veterans’ Administration clin- woman from West Virginia (Mrs. have fought for freedom for Americans, as ical facilities and laboratories throughout CAPITO). well as citizens throughout the world. They the country. Through this technology, para- The amendment was agreed to. have helped to defend and preserve the val- plegic patients have been able to stand and, ues of freedom of speech, democracy, voting in some instances, walk short distances and The CHAIRMAN pro tempore. Pursu- rights, human rights, equal access and the climb stairs. Patients with quadriplegia are ant to the order of the House of Tues- rights of the individual—those values felt able to use their hands to grasp objects. day, February 12, 2002, it is now in and nurtured on every continent in our (16) There are more than 35,000,000 persons order to consider an amendment of- world. in the United States aged 65 and over. fered by the gentleman from Texas (7) The freedoms and opportunities we (17) Seniors are a diverse population, each (Mr. ARMEY). enjoy today were bought and paid for with member having his or her own political and their devotion to duty and their sacrifices. economic issues. AMENDMENT NO. 28 OFFERED BY MR. SAM We can never say it too many times: We are (18) Seniors and their families have many JOHNSON OF TEXAS the benefactors of their sacrifice, and we are important issues for which they seek con- Mr. SAM JOHNSON of Texas. Mr. grateful. gressional action. Some of these issues in- Chairman, I offer an amendment. (8) Of the 25,000,000 veterans currently clude, but are not limited to, health care, The CHAIRMAN pro tempore. Is the alive, nearly three of every four served dur- Social Security, and taxes. gentleman from Texas a designee of ing a war or an official period of hostility. (19) The First Amendment to the United the gentleman from Texas (Mr. About a quarter of the Nation’s population— States Constitution states that, ‘‘Congress ARMEY)? approximately 70,000,000 people—are poten- shall make no law respecting an establish- Mr. SAM JOHNSON of Texas. Yes, tially eligible for Veterans’ Administration ment of religion, or prohibiting the free ex- benefits and services because they are vet- ercise thereof; or abridging the freedom of Mr. Chairman. erans, family members or survivors of vet- speech, or of the press; or of the right of the The CHAIRMAN pro tempore. The erans. people to peaceably assemble, and to peti- Clerk will designate the amendment. (9) The present veteran population is esti- tion the Government for a redress of griev- The text of the amendment is as fol- mated at 25,600,000, as of July 1, 1997. Nearly ances.’’. lows: 80 of every 100 living veterans served during (20) The Supreme Court recognized and em- defined periods of armed hostilities. Alto- Amendment No. 28 offered by Mr. SAM phasized the importance of free speech rights gether, almost one-third of the nation’s pop- JOHNSON of Texas: in Buckley v. Valeo, where it stated, ‘‘A re- Add at the end of title II the following new ulation-approximately 70,000,000 persons who striction on the amount of money a person subtitle: are veterans, dependents and survivors of de- or group can spend on political communica- ceased veterans—are potentially eligible for tion during a campaign necessarily reduces Subtitle C—Exemption of Communications Veterans’ Administration benefits and serv- the quantity of expression by restricting the Pertaining to Veterans, Military Personnel, ices. number of issues discussed, the depth of or Seniors (10) Care for veterans and dependents spans their exploration, and the size of the audi- SEC. 221. FINDINGS. centuries. The last dependent of a Revolu- ence reached. This is because virtually every Congress finds the following: tionary War veteran died in 1911; the War of means of communicating ideas in today’s (1) More than 42,000,000 men and women 1812’s last dependent died in 1946; the Mexi- mass society requires the expenditure of have served in the United States Armed can War’s, in 1962. money. The distribution of the humblest Forces from the Revolution onward and (11) The Veterans’ Administration health handbill or leaflet entails printing, paper, more than 25 million are still living. Living care system has grown from 54 hospitals in and circulation costs. Speeches and rallies veterans and their families, plus the living 1930, to include 171 medical centers; more generally necessitate hiring a hall and publi- dependents of deceased veterans, constitute than 350 outpatient, community, and out- cizing the event. The electorate’s increasing a significant part of the present United reach clinics; 126 nursing home care units; dependence on television, radio, and other States population. and 35 domiciliaries. Veterans’ Administra- mass media for news and information has (2) American veterans are black and they tion health care facilities provide a broad made these expensive modes of communica- are white; they are of every race and ethnic spectrum of medical, surgical, and rehabili- tion indispensable instruments of effective heritage. They are men, and they are women. tative care. political speech.’’.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.173 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H433 (21) In response to the relentlessly repeated Mr. SAM JOHNSON of Texas. Mr. There was no objection. claim that campaign spending has sky- Chairman, I yield myself such time as The CHAIRMAN pro tempore. The rocketed and should be legislatively re- I may consume. gentleman from Connecticut (Mr. strained, the Buckley Court stated that the This amendment, Mr. Chairman, ad- SHAYS) will control 5 minutes, and the First Amendment denied the government the gentleman from Pennsylvania (Mr. power to make that determination: ‘‘In the dresses the rights of veterans of this free society ordained by our Constitution, it Nation. As a 29-year Air Force veteran FATTAH) will control 5 minutes. is not the government but the people—indi- and prisoner of war who had my free- Mr. FATTAH. Mr. Chairman, I yield 1 vidually as citizens and candidates and col- dom stripped away for many years, 1 ⁄2 minutes to the gentleman from the lectively as associations and political com- nearly 7, I am appalled that anyone great State of Texas (Mr. EDWARDS). mittees—who must retain control over the would try to take away the rights of Mr. EDWARDS. Mr. Chairman, I co- quantity and range of debate on public issues any American, especially those who chair the Bipartisan House Army Cau- in a political campaign.’’. put their lives in harm’s way to defend cus. I represent the largest Army in- (22) In Buckley, the Court also stated, ‘‘The stallation in the United States, Fort concept that government may restrict the our Constitution and this Nation. Let us not forget that between 1940 Hood. I represent over 65,000 military speech of some elements of our society in retirees and veterans. I will match my order to enhance the relative voice of others and 1947, over 16 million Americans is wholly foreign to the First Amendment, signed up to stand with their country record in supporting veterans and a which was designed ‘to secure the widest pos- against the forces of fascism and tyr- strong national defense with any Mem- sible dissemination of information from di- anny. Over 400,000 never returned. ber of either party in this House. verse and antagonistic sources,’ and ’to as- Let us not forget that a decade later, This amendment is not about fight- sure unfettered exchange of ideas for the almost 7 million Americans served in ing for veterans. If we want to fight for bringing about of political and societal the Korean War, and 55,000 ended up veterans, then maybe some Members of changes desired by the people’ ″. this House can vote ‘‘no’’ tomorrow on (23) Citizens who have an interest in issues giving up their lives. Throughout the conflicts, from the some tax cuts, that because of those about or related to veterans, military per- tax cuts we will have less money for sonnel, seniors, and their families have the Revolutionary War to Vietnam, Desert Storm, and now Afghanistan, let us not veterans’ health care. Constitutional right to criticize or praise This amendment would actually their elected officials individually or collec- forget that more than 42 million brave allow an anti-veteran, anti-defense tively as a group. Communications in the men and women have answered the call group to run a sham ad in the last form of criticism or praise of elected officials to protect our freedom, and today more hours of a campaign under the guise of is preciously protected as free speech under than 25 million of those brave souls are the First Amendment of the Constitution of a Texans for Veterans group. the United States. still alive in this country wanting their So let no one be deceived. Despite the (24) This title contains restrictions on the freedom. good intentions perhaps of this amend- rights of citizens, either individually or col- Veterans understand that freedom is ment that this is all about pro-veteran, lectively, to communicate with or about not free, and I think everyone in here pro-military, pro-senior citizen groups their elected representatives and to the gen- knows that. Those men and women wanting to come in and want ads, most eral public. Such restrictions would stifle fought and defended this Nation for us veterans I represent in my district do and suppress individual and group advocacy to be able to stand here on this floor pertaining to politics and government—the not have $1 million to put into a soft- today and talk. It must be defended money account. They are hard-work- political expression at the core of the elec- again. Would anyone disagree with toral process and of First Amendment free- ing, decent Americans like most oth- doms—the very engine of democracy. Such this? I do not think so. ers, trying to struggle to pay their restrictions also hinder citizens’ ability to Is there anyone who would deny a bills. communicate their support or opposition on veteran’s right to be heard or the right Mr. Chairman, if we want to fight for issues concerning veterans, military per- to hear what affects them? After all, veterans, let us fight for funding for sonnel, seniors, and their families to their veterans’ issues are not Republican veterans’ health care and not try to elected officials and the general public. issues. They are not Democrat issues (25) Candidate campaigns and issue cam- make this amendment look like it is a either. Veterans’ issues are not liberal; litmus test vote of whether you are for paigns are the primary vehicles for giving they are not conservative. Veterans’ voice to popular grievances, raising issues or against military might or veterans and proposing solutions. An election, and the issues are American issues. They have and our servicemen and women. time leading up to it, is when political the right to talk about them, and we This is a bad amendment; it is a Tro- speech should be at its most robust and un- have an obligation to listen to them. jan horse; it is a poison pill. We should fettered. Veterans’ issues are about defending vote against it. SEC. 222. EXEMPTION FOR COMMUNICATIONS our country, providing quality health Mr. SAM JOHNSON of Texas. Mr. PERTAINING TO VETERANS, MILI- care and protecting Social Security. Chairman, I yield 11⁄2 minutes to the TARY PERSONNEL, OR SENIORS. We must not silence the men and None of the restrictions or requirements gentleman from Florida (Mr. BILI- contained in this title or the amendments women who have fought and died to RAKIS). made by this title shall apply to any form or keep America free. I need a vote for Mr. BILIRAKIS. Mr. Chairman, I ap- mode of communication to the public that this amendment. We need to vote for preciate being yielded the time. consists of information or commentary re- veterans. Mr. Chairman, this amendment will garding the statements, actions, positions, Let me just tell you that our vet- do what the gentleman from Texas or voting records of any individual who holds erans today are over there in Afghani- says it will do. It is a good amendment. congressional or other Federal office, or who stan protecting the freedoms of Amer- Veterans come from all walks of life is a candidate for congressional or other Fed- ica and the freedom of the world. We eral office, on any matter pertaining to vet- and represent a true cross-section of erans, military personnel, or senior citizens, are doing everything we can to provide this country. They took an oath, lived or to the immediate family members of vet- them the sustenance, the equipment, by a code and stood ready to fight and erans, military personnel, or senior citizens. the best training possible; and we have die for their country. Should those who The CHAIRMAN pro tempore. Pursu- the best-trained men and women in the defended our Nation against tyranny ant to section 3 of House Resolution world. They are going to protect us and and oppression not have a strong voice 344, the gentleman from Texas (Mr. our rights, and we need to protect in our political process? Should they SAM JOHNSON) and a Member opposed them and their right to free speech. not be heard above all else? each will control 10 minutes. Mr. Chairman, I reserve the balance It is not easy to wear the uniform of Does the gentleman from Pennsyl- of my time. one’s Nation, and too often the needs of vania (Mr. FATTAH) seek to control the Mr. FATTAH. Mr. Chairman, I ask these great men and women are over- time in opposition? unanimous consent that the gentleman looked by the great country they Mr. FATTAH. Yes, Mr. Chairman. from Connecticut (Mr. SHAYS) may proudly served. This amendment guar- The CHAIRMAN pro tempore. The control 5 minutes of my time and be antees our veterans will have the right gentleman from Pennsylvania will be permitted to yield said time. to express their views on issues affect- recognized for 10 minutes in opposition. The CHAIRMAN pro tempore. Is ing them. The Chair recognizes the gentleman there objection to the request of the The Constitution grants Americans from Texas (Mr. SAM JOHNSON). gentleman from Pennsylvania? the right to criticize or praise their

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.043 pfrm03 PsN: H13PT2 H434 CONGRESSIONAL RECORD — HOUSE February 13, 2002 elected officials, and we should not copay or deductible that veterans have Mr. Chairman, it is a curious process punish the very individuals who put been required to pay for their prescrip- here, because actually, through the their lives on the line to protect our tion medications to $7 a prescription, a amendment process, we are trying to freedom and way of life by depriving whopping $250 one-time increase. Many restore first amendment rights. Think them, as this bill would probably do, of veterans in my district get 10 or more about what was done earlier today. It their voice in our political process. prescriptions per month. We take 7 was bad enough that we established a As a 4-year veteran myself, I urge my times 10, that is $70 a month on vet- new and, really, the ultimate loophole colleagues to support this important erans with a fixed income. I think we with this bill, allegedly taking effect amendment. We will never be able to ought to all join in supporting my leg- or going to take effect the day after properly thank those veterans who islation to return that deductible to $2 Election Day. Curious timing. Con- gave up so much for our Nation, but we per prescription and keep it there for gratulations if it helps the fine folks in can honor them. the next 5 years. a partisan manner and allows them to b 2000 Why are we imposing a $1,500 deduct- take soft money, use it as collateral, ible, annual deductible, for veterans turn it into hard money and presto- We can honor them by passing this who get health care at many of our VA chango, the day after the election, pay amendment. Vote for the Armey-John- facilities? That is a new policy. off the loan. It is very crafty. But the son amendment. If we want to help our veterans, we American people see through it. Mr. SHAYS. Mr. Chairman, I yield will make sure they get the kind of Now, tonight we are in the ironic po- myself 2 minutes. health care they need rather than put- sition of trying to restore first amend- I would like to start by saying I have ting an additional burden upon them. ment rights piece by piece, group by a number of heroes in this House. One Mr. SAM JOHNSON of Texas. Mr. group, to American citizens. To the of them is the gentleman from Illinois Chairman, I kind of agree with the gen- very people who fought to defend the (Mr. HYDE), right over there, the best tleman, but if we take away their right first amendment, we have to say to- reason why we should not ever think of to speak, we are not ever going to get night, could we possibly restore those having term limits. Another hero is that fixed. rights? sitting right there. Mr. Chairman, I yield 11⁄2 minutes to What should be beyond debate, be- When I was elected, I wanted to meet the gentleman from North Carolina yond dispute is now suddenly put in the gentleman from Georgia (Mr. (Mr. HAYES). contention. Mr. Chairman, I say to my LEWIS) more than almost anyone else, Mr. HAYES. Mr. Chairman, I thank colleagues, that is the very problem but after I was elected, when I heard the gentleman for yielding me this with the legislation, and that leads us that the gentleman from Texas (Mr. time. to the irony of tonight where we seek SAM JOHNSON) won, I wanted to meet Mr. Chairman, make no mistake to restore the first amendment. him more than anyone else. I went to about it, this is a vote for veterans, if Now, you are going to hear under the him and asked him if I could get his one supports the Johnson amendment, misguided label of reform, that oh, no, book and pay for it, and he did not which I do; if we vote against it, it is a no, there is no intention to in any way make me pay for it, but I read that vote against veterans. diminish the rights of Americans. Why, book, and I figuratively bended my The gentleman from Ohio made the this notion of reform, the same mis- knees in gratitude for his service. case very, very strongly. Their voice. guided notion of reform that leads to a So I say that because I think he be- Look at the gentleman from Texas. loophole, that is obscene, a loophole lieves that his amendment is needed, Look at how he walks. Look at his that takes something that is illegal but his amendment is not needed, and hand. Do we not want veterans to have today, makes it legal for a certain his veterans have all the voice they free speech at the time of an election amount of time. This is what is labeled need. when decisions are made? in this almost Orwellian legislation as What we are doing in our substitute I represent Fort Bragg. My veterans, reform. And now our friends tell us, oh, is we are saying the 1907 law banning my soldiers, men and women in uni- no, no, it is not their intent to in any corporate treasury money will be en- form appreciate tax cuts as well, be- way abridge the first amendment. It is forced, the 1947 law banning union dues cause that gives them the freedom and not their intent to in any way stop free money will be enforced, and the 1974 the flexibility and the financial ability debate. Yet here we are tonight trying law that says individual contributions to meet the challenges that they face. to thaw the chilling effect of abridging can have limits unless it is just one in- So please join me in voting for the the first amendment, of abridging de- dividual who is spending it. Johnson amendment which will allow bate on the part of everyday Americans We allow for people to speak out. veterans the voice that they need, par- who, yes, have the right and the fran- Sixty days before an election, soft ticularly at election time. chise to vote, but should not lose their money can be used. Sixty days to an Mr. FATTAH. Mr. Chairman, can I voice in the process. election, it is hard money contribu- have an audit of the time, please? Curiouser and curiouser, said Alice. tions. All of the money that individual The CHAIRMAN pro tempore (Mr. It is sad to see this deliberative body veterans raise can be spent and can be THORNBERRY). The gentleman from put behind the looking glass. advertised. Pennsylvania (Mr. FATTAH) has 21⁄2 Mr. SHAYS. Mr. Chairman, I yield So I know he believes in this amend- minutes remaining; the gentleman myself such time as I may consume. ment, but I can tell my colleagues, we from Connecticut (Mr. SHAYS) has 31⁄4 I have a lot of respect for the gen- have had a lot of groups that have minutes remaining; the gentleman tleman from Arizona, but I totally dis- voiced concern, but the veterans are from Texas (Mr. SAM JOHNSON) has 41⁄4 agree with his analysis. The reason not one of them. They know in this minutes remaining. why we are opposing this amendment country they have a voice, and they Mr. SAM JOHNSON of Texas. Mr. is because we do not believe that the know in this Congress they have a lot Chairman, I yield 3 minutes to the gen- amendment is needed because we know of people who listen. tleman from Arizona (Mr. HAYWORTH), that first amendment rights are not Mr. Chairman, I reserve the balance a member of the Committee on Ways threatened. One of the curious things of my time. and Means. here is that this does not just involve Mr. FATTAH. Mr. Chairman, I yield 1 Mr. HAYWORTH. Mr. Chairman, I veterans, it involves senior citizens. minute to the gentleman from Ohio thank the gentleman from Texas for Senior citizens. (Mr. STRICKLAND). yielding me this time. AARP supports and has asked for Mr. STRICKLAND. Mr. Chairman, I As the former chairman of the Sub- this amendment, asked for our bill, our think all of us honor our veterans in committee on Benefits of the House substitute, because they think their this Chamber, but what veterans are Committee on Veterans’ Affairs, I am voice is being drowned out by large really interested in is having adequate pleased and proud to rise in strong sup- corporate interests and large union health care. port of this amendment offered by the dues interests, as do some veterans. Just a few days ago, this administra- gentleman from Texas (Mr. SAM JOHN- Some veterans think their voice has tion changed the $2-per-prescription SON). been drowned out by the voice of large

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.177 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H435 corporations. My party for some reason somehow veterans do not have a voice. veterans to receive the health care that they has given the impression that this is That is an absurdity. They have a voice deserve, but it actually adds costs to the vet- doomsday if this bill passes. The thing as individuals, and they have a voice to erans by increasing their prescription drug co- that they are really saying is that they pool their resources and to advertise. payments. cannot exist unless they have large They just cannot do it with corporate In addition, the proposed increase in the corporate contributions. I do not be- treasury money and union dues money. medical care appropriation for fiscal year 2003 lieve it, and I do not think it is true. Most veterans think that makes sense, is approximately $100 million more than the Mr. Chairman, I reserve the balance because they do not have a lot of cor- $1.3 billion Congress appropriated for fiscal of my time. porate treasury money and a lot of year 2002 which the Administration acknowl- Mr. FATTAH. Mr. Chairman, I yield 1 union dues money. They do not get it. edges is $400 million short of meeting vet- minute to the gentleman from Texas They do not have a lot of wealthy peo- erans’ needs. Five of VA’s 22 networks have (Mr. RODRIGUEZ). ple allowing them to advertise. What already projected shortfalls in funding for vet- Mr. RODRIGUEZ. Mr. Chairman, the they have is a lot of numbers of small erans medical care by the year’s end. The Ad- amendment we have before us is smoke contributions, of hard money, that en- ministration already plans to request a $142 and mirrors. Veterans have every ables them to have quite a voice. million supplement for funding to continue to right, and, in fact, today I am going to I would just make the point to my treat non-service connected, higher income ask every single veteran to contact the colleagues that this amendment is veterans, and they claim they will ‘‘find’’ an- Democrats, contact the Republicans dearly a threat to our legislation be- other $300 million in ‘‘management effi- and hold them accountable. Hold them cause it suggests something that is not ciencies’’. As proposed by the Administration, accountable on the fact that today we true. the fiscal year 2003 VA medical care budget have had a budget in the Committee on Mr. Chairman, I ask unanimous con- will require VA to find an additional $316 mil- Veterans’ Affairs that talks about $3.1 sent to yield the balance of whatever lion in management savings in order to meet billion. Yes, of that $3.1 billion, there is time I have to the gentleman from veterans’ demand for health care. a $1,500 codeductible that our veterans Pennsylvania (Mr. FATTAH) so that he This is purely shameful. It is preposterous are going to have to pay. I am going to can close. that the Bush Administration, who has re- ask them to call and call, call every Mr. Chairman, do I have any time re- quested $48 billion for the military, refuses to single Congressman, including the maining? request more money to take care of our na- Democratic side. The CHAIRMAN pro tempore. The tion’s heroes who have risked their lives to de- That bill also calls for the fact that gentleman has three-quarters of a fend our democracy. our veterans are going to have to pay minute remaining. Mr. SAM JOHNSON of Texas. Mr. $400 million additional monies on pre- Is there objection to the request of Chairman, I yield 30 seconds to the scriptions. I am going to ask them, and the gentleman from Connecticut? gentleman from Arizona (Mr. they have the right, to call their Con- There was no objection. HAYWORTH). gressman, whether Republican and Mr. FATTAH. Mr. Chairman, before Mr. HAYWORTH. Mr. Chairman, I Democrat. the gentleman from Texas closes, I thank the gentleman from Texas once They are also being asked to cut $600 would like to yield 30 seconds to the again. million from VA. That is part of the gentlewoman from Florida (Ms. My good friend from Florida proves budget that is calling for a $3.1 billion BROWN). the point. She has objections to what increase when in reality it is less than Ms. BROWN of Florida. Mr. Chair- has gone on in the Committee on Vet- $1 billion, which is not even enough to man, I am on the House Committee on erans’ Affairs. Why muzzle the vet- take care of existing costs. Veterans’ Affairs and have been on erans 60 days before the election? If If we want to help veterans, let us that committee for the entire 10 years they have concerns in a free society, make sure we help veterans by giving I have been here in this Congress. Let let them bring them forth and make them the needs that they have and the me tell my colleagues I am very upset them clear. Do not abridge that. Oh, health care needs that they need now. over the fact that we have a budget be- yes, I guess that is right, that they can Mr. SAM JOHNSON of Texas. Mr. fore this Congress that talked a great advertise on the pages of the New York Chairman, may I inquire of the Chair, talk for veterans, but does not walk Times. I know that is of acute interest who has the right to close? the walk. I cannot believe that we are to at least a few in this Chamber. But The CHAIRMAN pro tempore. The going from $2 to $7 for copayments. We why would we abridge their rights to gentleman from Pennsylvania (Mr. in this Congress ought to be ashamed freedom of speech? FATTAH) as a member of the committee of ourselves. If we want to help the vet- This is the essence of the battle of has the right to close. erans, help them financially and not ideas in a free society, and what has The gentleman from Pennsylvania with this phony talk. gone on here is suppression of that de- (Mr. FATTAH) has 11⁄2 minutes remain- Vote down this amendment. bate, the very thing we should cham- ing; the gentleman from Connecticut I believe that the Bush Administration budg- pion. (Mr. SHAYS) has 21⁄4 minutes remaining; et for veterans is an absolute disgrace. Their b 2015 the gentleman from Texas (Mr. SAM proposal is particularly disappointing when one JOHNSON) has 11⁄4 minutes remaining. considers the fact that the Bush Administration Mr. SAM JOHNSON of Texas. Mr. Mr. FATTAH. Mr. Chairman, I re- made various public statements describing Chairman, I yield myself such time as serve the time for my close, and I have how they were going to improve and increase I may consume. no further speakers. the veterans’ budget. Mr. Chairman, I think the gentleman Mr. SHAYS. Mr. Chairman, I yield The Administration claims that this year’s is absolutely correct, and I happen to myself such time as I may consume. budget requests a record-setting $25.5 billion agree with the gentlewoman over We are more than halfway through for medical programs, but in reality, they are there. I think we should do something our legislation. We have worked very asking Congress to appropriate $22.75 billion for our veterans. I think that is atro- hard on it. This is one of the last for veterans’ medical care—$2.75 billion less cious that they have doubled or tripled amendments alleging that somehow than the reported record-setting reported total. that cost. I think that is the best rea- people’s voices are not going to be able And of the $25.5 billion the Administration son I can think of why we should not to be heard. There is no truth to that claims the budget will provide for veterans subjugate the veterans of the United at all, but the allegations are made. medical care, $794 million will simply shift per- States of America, past, present, fu- This is a bill that enforces the 1907 law sonnel related costs to VA from the Office of ture, to some unconstitutional law banning corporate treasury money, the Personnel Management (OPM). Moreover, that we are trying to pass tonight. This 1947 law banning union dues money, there is another $1.28 billion to offset cost in- amendment will fix that for our vet- and enforces the 1974 reform laws. creases like inflation, higher pharmaceutical erans now and in the future. Now, one of the allegations is that prices, and federal pay raises. Taken together, Mr. Chairman, I yield back the bal- because we cannot use soft money, we this $2 billion increase doesn’t provide a single ance of my time. cannot use that corporate treasury dime more for medical care for veterans. Not The CHAIRMAN pro tempore (Mr. money and the union dues money, that only does this budget make it tougher for the THORNBERRY). The gentleman from

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Pennsylvania (Mr. FATTAH) has 13⁄4 Hastings (WA) Mica Shaw Pallone Sanders Thompson (MS) minutes remaining. Hayes Miller, Dan Sherwood Pascrell Sandlin Thune Hayworth Miller, Gary Shimkus Pastor Sawyer Thurman Mr. FATTAH. Mr. Chairman, I yield Hefley Miller, Jeff Shows Payne Schakowsky Tierney myself such time as I may consume. Herger Moran (KS) Shuster Pelosi Schiff Towns Mr. Chairman, I rise to speak in oppo- Hilleary Myrick Simpson Phelps Scott Turner Hobson Nethercutt Platts Serrano sition to this amendment. Skeen Udall (CO) Hoekstra Ney Smith (MI) Pomeroy Shays Udall (NM) Price (NC) Sherman There is not a veteran or person in Holden Northup Smith (NJ) Velazquez Hostettler Norwood Rahall Simmons our armed services who has served this Smith (TX) Visclosky Hulshof Nussle Ramstad Skelton Souder Walsh country who desires some special set of Hunter Osborne Rangel Slaughter Stearns Wamp rights or some special circumstances. Hyde Otter Reyes Smith (WA) Stump Waters What they desire for themselves is the Isakson Paul Sununu Rivers Snyder Issa Pence Rodriguez Solis Watson (CA) same that we would provide for any Sweeney Watt (NC) Istook Peterson (MN) Tancredo Roemer Spratt American citizen. And what we are Ross Stark Waxman Jenkins Peterson (PA) Tanner Johnson (IL) Petri Rothman Stenholm Weiner doing here is removing from politics Tauzin Johnson, Sam Pickering Roybal-Allard Strickland Wexler the corruption of unlimited soft-money Taylor (MS) Jones (NC) Pitts Rush Stupak Wolf Taylor (NC) expenditures. Keller Pombo Sabo Tauscher Woolsey Terry We will not have the Enrons of this Kelly Portman Sanchez Thompson (CA) Wu Thomas Kennedy (MN) Pryce (OH) country taking a few of their people Thornberry NOT VOTING—7 and saying this is some kind of vet- Kerns Putnam King (NY) Quinn Tiahrt Boyd Oxley Traficant erans committee and dumping millions Kingston Radanovich Tiberi Brady (TX) Riley of dollars into campaigns. What this Kirk Regula Toomey Cubin Roukema amendment would do is tear away from Knollenberg Rehberg Upton Kolbe Reynolds Vitter b 2036 the great work of JOHN MCCAIN, who is LaHood Rogers (KY) Walden Mr. WU changed his vote from ‘‘aye’’ a well-recognized veteran who has Largent Rogers (MI) Watkins (OK) given a great deal of sacrifice to bring Latham Rohrabacher Watts (OK) to ‘‘no.’’ Weldon (FL) So the amendment was rejected. our country now to the edge of history LaTourette Ros-Lehtinen Lewis (CA) Royce Weldon (PA) The result of the vote was announced in terms of reforming and transforming Lewis (KY) Ryan (WI) Weller as above recorded. our politics. Linder Ryun (KS) Whitfield The CHAIRMAN pro tempore (Mr. So I would ask the Members not to be Lucas (OK) Saxton Wicker Manzullo Schaffer Wilson (NM) THORNBERRY). Pursuant to the order of swayed and to come to the floor and McCrery Schrock Wilson (SC) the House of Tuesday, February 12, vote ‘‘no’’ on this amendment so that McHugh Sensenbrenner Wynn 2002, it is now in order to consider an we can move finally at some hour to- McInnis Sessions Young (AK) McKeon Shadegg Young (FL) amendment by the gentleman from night to finally reforming the cam- Texas (Mr. ARMEY). paign election laws of our country in NOES—228 AMENDMENT NO. 30 OFFERED BY MR. COMBEST terms of moving away the corruption Abercrombie Doyle Kleczka Mr. COMBEST. Mr. Chairman, I offer of money in unlimited sums and allow- Ackerman Edwards Kucinich an amendment as the designee of the ing the voice of our people, veterans Allen Engel LaFalce Andrews Eshoo Lampson gentleman from Texas (Mr. ARMEY). and nonveterans, to be heard so that The CHAIRMAN pro tempore. The our democracy can prosper. Baca Etheridge Langevin Baird Evans Lantos Clerk will designate the amendment. Mr. Chairman, I yield back the bal- Baldacci Farr Larsen (WA) The text of the amendment is as fol- ance of my time. Baldwin Fattah Larson (CT) lows: The CHAIRMAN pro tempore. The Barcia Ferguson Leach Barrett Filner Lee Amendment No. 30 offered by Mr. COMBEST: question is on the amendment offered Bass Foley Levin Add at the end of title II the following new by the gentleman from Texas (Mr. SAM Becerra Ford Lewis (GA) subtitle: JOHNSON). Bentsen Frank Lipinski Berkley Frelinghuysen LoBiondo Subtitle C—Exemption of Communications The question was taken; and the Berman Frost Lofgren Pertaining to Workers, Farmers, Families, Chairman pro tempore announced that Berry Ganske Lowey and Individuals the ayes appeared to have it. Bishop Gephardt Lucas (KY) SEC. 221. FINDINGS. Blagojevich Gilchrest Luther Congress finds the following: RECORDED VOTE Blumenauer Gonzalez Lynch (1) There are approximately 138 million Mr. SAM JOHNSON of Texas. Mr. Boehlert Gordon Maloney (CT) people employed in the United States. Chairman, I demand a recorded vote. Bonior Graham Maloney (NY) Borski Green (TX) Markey (2) Thousands of organizations and associa- A recorded vote was ordered. Boswell Greenwood Mascara tions represent these employed persons and The vote was taken by electronic de- Boucher Grucci Matheson their employers in numerous forms and fo- vice, and there were—ayes 200, noes 228, Brady (PA) Gutierrez Matsui rums, not least of which is by participating Brown (FL) Hall (OH) McCarthy (MO) in our electoral and political system in a not voting 7, as follows: Brown (OH) Harman McCarthy (NY) number of ways, including informing citizens [Roll No. 26] Capps Hastings (FL) McCollum Capuano Hill McDermott of key votes that affect their common inter- AYES—200 Cardin Hilliard McGovern ests, criticizing and praising elected officials Aderholt Cannon Ehlers Carson (IN) Hinchey McIntyre for their position on issues, contributing to Akin Cantor Ehrlich Castle Hinojosa McKinney candidates and political parties, registering Armey Capito Emerson Clay Hoeffel McNulty voters, and conducting get-out-the-vote ac- Bachus Carson (OK) English Clayton Holt Meehan tivities. Baker Chabot Everett Clement Honda Meek (FL) Ballenger Chambliss Flake Clyburn Hooley Meeks (NY) (3) The rights of American workers to bar- Barr Coble Fletcher Condit Horn Menendez gain collectively are protected by their First Bartlett Collins Forbes Conyers Houghton Millender- Amendment to the Constitution and by pro- Barton Combest Fossella Costello Hoyer McDonald visions in the National Labor Relations Act. Bereuter Cooksey Gallegly Coyne Inslee Miller, George Federal law guarantees the rights of workers Biggert Cox Gekas Cramer Israel Mink to choose whether to bargain collectively Bilirakis Crane Gibbons Crowley Jackson (IL) Mollohan through a union. Blunt Crenshaw Gillmor Cummings Jackson-Lee Moore Boehner Culberson Gilman Davis (CA) (TX) Moran (VA) (4) Fourteen percent of the American Bonilla Cunningham Goode Davis (FL) Jefferson Morella workforce has chosen to affiliate with a Bono Davis, Jo Ann Goodlatte Davis (IL) John Murtha labor union. Federal law allows workers and Boozman Davis, Tom Goss DeFazio Johnson (CT) Nadler unions the opportunity to combine strength Brown (SC) Deal Granger DeGette Johnson, E. B. Napolitano and to work together to seek to improve the Bryant DeLay Graves Delahunt Jones (OH) Neal lives of America’s working families, bring Burr DeMint Green (WI) DeLauro Kanjorski Oberstar fairness and dignity to the workplace and se- Burton Diaz-Balart Gutknecht Deutsch Kaptur Obey Buyer Doolittle Hall (TX) Dicks Kennedy (RI) Olver cure social and economic equity in our na- Callahan Dreier Hansen Dingell Kildee Ortiz tion. Calvert Duncan Hart Doggett Kilpatrick Ose (5) Nearly three quarters of all United Camp Dunn Hastert Dooley Kind (WI) Owens States business firms have no payroll. Most

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.182 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H437 are self-employed persons operating unincor- culture began keeping records 91 years ago. SEC. 222. EXEMPTION FOR COMMUNICATIONS porated businesses, and may or may not be During this same period the cost of produc- PERTAINING TO WORKERS, FARM- the owner’s principal source of income. tion has hit record highs. ERS, FAMILIES, AND INDIVIDUALS. None of the restrictions or requirements (6) Minorities owned fewer than 7 percent (25) The First Amendment to the United contained in this title or the amendments of all United States firms, excluding C cor- States Constitution states that, ‘‘Congress porations, in 1982, but this share soared to made by this title shall apply to any form or shall make no law respecting an establish- mode of communication to the public that about 15 percent by 1997. Minorities owned ment of religion, or prohibiting the free ex- more than 3 million businesses in 1997, of consists of information or commentary re- ercise thereof; or abridging the freedom of which 615,222 had paid employees, generated garding the statements, actions, positions, speech, or of the press; or of the right of the more than $591 billion in revenues, created or voting records of any individual who holds more than 4.5 million jobs, and provided people to peaceably assemble, and to peti- congressional or other Federal office, or who about $96 billion in payroll to their workers. tion the Government for a redress of griev- is a candidate for congressional or other Fed- (7) In 1999, women made up 46 percent of ances.’’. eral office, on any matter pertaining to any the labor force. The labor force participation (26) The Supreme Court recognized and em- individual. rate of American women was the highest in phasized the importance of free speech rights The CHAIRMAN pro tempore. Pursu- the world. in Buckley v. Valeo, where it stated, ‘‘A re- ant to section 3 of House Resolution (8) Labor/Worker unions represent 16 mil- striction on the amount of money a person 344, the gentleman from Texas (Mr. lion working women and men of every race or group can spend on political communica- COMBEST) and a Member opposed, the and ethnicity and from every walk of life. tion during a campaign necessarily reduces gentleman from Maryland (Mr. HOYER), (9) In recent years, union members and the quantity of expression by restricting the their families have mobilized in growing number of issues discussed, the depth of each will control 10 minutes. numbers. In the 2000 election, 26 percent of their exploration, and the size of the audi- The Chair recognizes the gentleman the nation’s voters came from union house- ence reached. This is because virtually every from Texas (Mr. COMBEST). holds. means of communicating ideas in today’s Mr. COMBEST. Mr. Chairman, I yield (10) According to the 2000 census, total mass society requires the expenditure of myself such time as I may consume. United States families were totaled at over money. The distribution of the humblest Mr. Chairman, the amendment which 105 million. handbill or leaflet entails printing, paper, I am offering would ensure that noth- (11) In 2000, there were 8.7 million African and circulation costs. Speeches and rallies ing in H.R. 2356 would restrict workers, American families. generally necessitate hiring a hall and publi- farmers, or their family members from (12) Asians have larger families than other groups. For example, the average Asian fam- cizing the event. The electorate’s increasing communicating their views and needs ily size is 3.6 persons, as opposed to an aver- dependence on television, radio, and other to their elected leaders and the public. age Caucasian family of 3.1 persons. mass media for news and information has I believe that Shays-Meehan contains (13) American farmers, ranchers, and agri- made these expensive modes of communica- unfair restrictions on the rights of citi- cultural managers direct the activities of the tion indispensable instruments of effective zens, either individually or collec- world’s largest and most productive agricul- political speech.’’. tively, to communicate with their (27) In response to the relentlessly repeated tural sectors. They produce enough food and elected representatives and the general fiber to meet the needs of the United States claim that campaign spending has sky- and produce a surplus for export. rocketed and should be legislatively republic. Such restrictions would stifle (14) About 17 percent of raw United States strained, the Buckley Court stated that the and suppress individual and group ac- agricultural products are exported yearly, First Amendment denied the government the tivity and advocacy pertaining to the including 83 million metric tons of cereal power to make that determination: ‘‘In the public and government. grains, 1.6 billion pounds of poultry, and 1.4 free society ordained by our Constitution, it My neighbors at home in Texas do million metric tons of fresh vegetables. is not the government but the people—indi- not want more restriction on their (15) One-fourth of the world’s beef and vidually as citizens and candidates and col- speech and ability to participate in the nearly one-fifth of the world’s grain, milk, lectively as associations and political com- political process. They already fear and eggs are produced in the United States. mittees—who must retain control over the that those in Washington do not hear (16) With 96 percent of the world’s popu- quantity and range of debate on public issues lation living outside our borders, the world’s their wants and needs. I can assure my in a political campaign.’’. most productive farmers need access to colleagues that they do not know that (28) In Buckley, the Court also stated, ‘‘The international markets to compete. this bill would further limit their abil- (17) Every State benefits from the income concept that government may restrict the speech of some elements of our society in ity to impact the national debate. generated from agricultural exports. 19 One of the most effective ways for States have exports of $1 billion or more. order to enhance the relative voice of others is wholly foreign to the First Amendment, citizens to communicate is to pool (18) America’s total on United States ex- their voices and resources with like- ports is $49.1 billion and the number of im- which was designed ‘to secure the widest pos- ports is $37.5 billion. sible dissemination of information from di- minded individuals who many times (19) By itself, farming-production agri- verse and antagonistic sources,’ and ’to as- would not be heard if not for this abil- culture-contributed $60.4 billion toward the sure unfettered exchange of ideas for the ity. This is essential for minority popu- national GDP (Gross Domestic Product). bringing about of political and societal lations and those from rural areas. (20) Farmers and ranchers provide food and changes desired by the people’ ″. Without these tools to educate those habitat for 75 percent of the Nation’s wild- (29) Citizens who have an interest in issues not from rural areas of our unique life. about or related to their lives have the Con- needs, it would be impossible to posi- (21) More than 23 million jobs-17 percent of stitutional right to criticize or praise their tively impact the political debate. the civilian workforce-are involved in some elected officials individually or collectively phase of growing and getting our food and The campaign finance reform debate as a group. Communications in the form of demonstrates how out of touch Wash- clothing to us. America now has fewer farm- criticism or praise of elected officials is pre- ers, but they are producing now more than ciously protected as free speech under the ington, D.C., is with rural America. ever before. First Amendment of the Constitution of the East Coast editorial writers are the (22) Twenty-two million American workers United States. only ones who care about this issue. process, sell, and trade the Nation’s food and (30) This title contains restrictions on the Before I came over to the floor today, fiber. Farmers and ranchers work with the rights of citizens, either individually or col- I held a telephone conference with my Department of Agriculture to produce lectively, to communicate with or about rural newspaper editors; and not one healthy crops while caring for soil and their elected representatives and to the gen- water. question was asked about campaign fi- eral public. Such restrictions would stifle (23) By February 8, the 39th day of 2002, the nance reform; and yet if one listened to average American has earned enough to pay and suppress individual and group advocacy and read a few Eastern publications, for their family’s food for the entire year. In pertaining to politics and government—the they would think that the world is si- 1970 it took 12 more days than it does now to political expression at the core of the elec- lently awaiting out there tonight for earn a full food pantry for the year. Even in toral process and of First Amendment free- this House to respond and to act on doms—the very engine of democracy. 1980 it took 10 more days—49 total days—of this bill. earning to put a year’s supply of food on the (31) Candidate campaigns and issue campaigns are the primary vehicles for giving These terrible special interest groups table. that we hear so much about are made (24) Farmers are facing the 5th straight voice to popular grievances, raising issues year of the lowest real net farm income since and proposing solutions. An election, and the up of workers, farmers and families. the Great Depression. Last October, prices time leading up to it, is when political These folks are trying to make a living farmers received made their sharpest drop speech should be at its most robust and un- and raise their families, and their per- since United States Department of Agri- fettered. sonal time is scarce. They rely on their

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.050 pfrm03 PsN: H13PT2 H438 CONGRESSIONAL RECORD — HOUSE February 13, 2002 industry representatives to track im- zation, any organization, even like the people are going to let us go back portant issues and to alert them when farmers, like the amendment before us to a totally unregulated, unlimited action is needed. now, from running any ad; it simply system. Most important to them is when the states that ads that mention can- So why can we not all, if we are group reports how a particular candidates within the last 60 days of an going to play in the final 60 days before didate views their issue of interest. The election must be paid for with federally a campaign, why can we not all play by problem is not interest groups, but the regulated hard money? the same rules? groups that have somehow been Mr. MEEHAN. If the gentleman will Mr. COMBEST. Mr. Chairman, I yield deemed politically incorrect by the po- continue to yield, that is absolutely 3 minutes to the gentleman from Geor- litical and media elites. To them Wash- correct. Organizations may run any ad gia (Mr. KINGSTON). ington knows best, and if they are from they wish at any time at all if they use Mr. KINGSTON. Okay, Mr. Chair- a less-populated rural area of the coun- hard money. man, I got everyone’s attention. I do try, their view and television ad should Federal PACs, such as those in cor- not even know how I did that, but not count or be heard. porations, labor unions, or groups like there must be a signal out here. Mr. Chairman, I reserve the balance the Sierra Club or the NRA have set Let me just say this. In terms of not of my time. up, are hard-money entities. All their having different rules and saying Mr. HOYER. Mr. Chairman, I ask fund-raising and spending is governed everybody’s going to be treated dif- unanimous consent that the gentleman by Federal law. So PACs can run ads ferently, that is not bad. That is the from Connecticut (Mr. SHAYS) and the that mention candidates during the way they did it in the Soviet Union. gentleman from Massachusetts (Mr. last 60 days of an election cycle. Everybody was treated right. They did MEEHAN) may each control 4 minutes of Mr. STUPAK. I thank the gentleman not have any first amendment rights. time allocated to me and that they for that clarification. Must have been the message. Nobody may yield time. Mr. SHAYS. Mr. Chairman, I yield 2 can speak the last 60 days. The CHAIRMAN pro tempore. Is minutes to the gentleman from Ten- I hate attack ads. I am the father of there objection to the request of the nessee (Mr. WAMP). four kids. Do my colleagues know how gentleman from Maryland? Mr. WAMP. Mr. Chairman, I thank humiliating it is to have an attack ad There was no objection. the gentleman for yielding me this run when you are trying to bond with Mr. MEEHAN. Mr. Chairman, I yield time. your 13-year-old going through middle such time as he may consume to the I want to try to put this in layman’s school and all she hears on the radio is gentleman from Michigan (Mr. STUPAK) terms on what this means. Especially what a creep you are? Of course, she for the purpose of a colloquy. after that last colloquy, I think it is has been telling me that for a long easy for people to get lost in all the de- time anyhow, but it is embarrassing. 2045 b tail. I run these focus groups. I go to a I do not like attack ads, but doggone Mr. STUPAK. Mr. Chairman, I wish civic club, a good government group, it, I cannot think of America without to engage the sponsor of the legislation and I say, let me just ask all of you: that first amendment right to run an in a colloquy concerning election-re- Give me a show of hands if you see an attack ad. I think that would be far lated advertising that is permitted by ad run in the final 60 days before an worse. Even though I have been a vic- the Shays-Meehan substitute. election and the ad mentions a can- tim of one, I have to say it scares me Would the gentleman from Massachu- didate’s name, would you consider that to think of an America where we can- setts please respond to the following a campaign ad? And it does not matter not run an attack ad. I try to turn question: Does the Shays-Meehan sub- if the group is Republican, Democrat, them around. I say, well, there goes my stitute allow political action commit- nonpartisan, just about everybody, ev- opponent saying these bad things tees of labor unions and nonprofit orga- erybody will raise their hand. They again. I am not going to do that. But nizations, such as the Sierra Club or think that is a campaign ad if it men- he has the right to call me a scalawag, the National Rifle Association, to pay tions a candidate’s name. if that is what makes him feel good. for broadcast ads that name a can- Then I say, okay, do not look at the And I have the right to tell the folks I didate for Federal office during the last person next to you, just answer the am not a scalawag and vote for me 60 days of an election cycle? question: Do you think that if that anyhow. Mr. MEEHAN. Mr. Chairman, will group that runs that ad mentions the This bill says to my farming popu- the gentleman yield? candidate’s name, that they should lation, to my farmers down in Evans Mr. STUPAK. I yield to the gen- come under the same rules and regula- County, in Tattnall County, in Vidalia, tleman from Massachusetts. tions as the candidates themselves, where we get all those great Vidalia Mr. MEEHAN. Mr. Chairman, I am who also mention each other’s names? onions, it says that they cannot par- happy to respond to the gentleman’s And everybody raises their hands. ticipate in the system. Oh, the system inquiry, and the answer is yes. Polit- And I say it is sad that that is all lets certain people participate. You can ical action committees, commonly that this bill does and everybody talks give $60 million up to a political party known as PACs, raise money from indi- about it being some infringement on if you are a big union or a company vidual donors in amounts that are lim- your first amendment rights. It treats and you want to contribute. Hey, this ited by Federal law. They are subject the groups exactly like it treats the bill allows the Democratic National to the Federal Election Campaign Act, candidates. Now, if that is unconstitu- Committee to build a building. Hey, thus they are not affected at all by tional, then the way they treat us is this bill is so good, but we do not want title II of the Shays-Meehan substitute unconstitutional, and that is not the to put it in effect until after the elec- which relates to electioneering com- case. It has been upheld. tion. And my colleagues expect me to munications. Title II provides that cor- That is the layman’s description of go back and tell my farmers that? My porations, including nonprofit corpora- what we are doing. We can get into all farmers are 2 percent of the population tions and unions, cannot use their the technical explanations, but it is and feed 100 percent of the population treasury funds to pay for ads that men- just that simple. That is what this bill and a great percentage of the world. tion a Federal candidate during the does. And most people out there cannot I had the opportunity to go to Af- last 2 months of the election cycle. understand why they would not come ghanistan recently, and I am glad that However, PACs, because they are not under the same rules. They can run the American farmers are so doggone pro- corporations or unions, can run ads ads. We are not gagging them. We are ductive that we averted a lot of starva- that mention a candidate at any time not telling them they cannot, we are tion in central Asia this year. Our during the election cycle without any just saying they have to come under farmers are up against the wall. They restriction. the same system. have high labor problems, they have Mr. STUPAK. Reclaiming my time, Now, I am frustrated with this sys- environmental problems, they have just to clarify, Mr. Chairman, am I cor- tem, but this system has been in place problems with NAFTA and GATT, and rect in saying that the Shays-Meehan since 1974, and it has been upheld. It is they have to compete against countries substitute does not prohibit an organi- a regulated system, and I do not think that do not have to play by the same

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.186 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H439 rules that we do. Our farmers’ backs minutes remaining, and the gentleman form. They will not stand for the kill- are against the wall right now with from Massachusetts (Mr. MEEHAN) has ing of this bill. This bill needs to pass credit, with import, with falling mar- 1 minute remaining. as is so the Senate can pass it and we kets, yet we are going to tell them, Mr. COMBEST. Mr. Chairman, I yield can avoid a conference which will sole- hey, just to be on the safe side, you all 2 minutes to the gentleman from Ari- ly be called to kill it. have to shut up the last 60 days. That zona (Mr. FLAKE). The American people are outraged at is not fair. Mr. FLAKE. Mr. Chairman, I thank Enron. That is the impetus for many It is not fair that all this bill really the gentleman for yielding me this people switching over and supporting does in the name of banning soft time. the bill. I have been here a good num- money is reregulate it and refunnel it The supporters of this legislation ber of years now. It is very rare that we into preferred special interest groups. wonder why the opponents of the legis- have a discharge petition, with a ma- In my little old Georgia farm bureau, lation seem to be wanting to single out jority of Members of the House forcing and all the 159 counties of Georgia, groups for special protection. I would a bill to come to the House floor. I am they are not going to be able to com- submit that they ought to know why. sorry it had to happen that way, but it pete against the big boys because they It is because the legislation actually happened that way because a majority cannot file all these reports. They do singles out corporations for special of Members of this House want to see not have the big-city lawyers. They do treatment. campaign finance reform and a major- not have the $60 million. If my colleagues wonder why the ity of the American people want to see Let us do not say this is banning soft media, the big media, are so much in campaign finance reform. money. Let us say this is banning favor of this bill, it is because they are b 2100 farmers from full participation. Vote the only ones left standing once it for the Combest amendment. passes. The parent company of MSNBC Mr. Chairman, we know there is too Mr. SHAYS. Mr. Chairman, I yield contributed about $2 million in soft much money involved in these elec- myself such time as I may consume to money last year to the political proc- tions, and we know that soft money is respond to my colleague. He says they ess here. The parent company of CNN probably the most egregious form. We do not have the money to respond to contributed $2.5 million last year in need to pass this bill, and we need to all the big guys, and that is the whole soft money. Yet they can speak kill all of the poison pill amendments. point of this amendment. through their media subsidiary. They I urge a ‘‘no’’ vote on the amendment. We do not allow corporate treasury are treated differently. They are given Mr. MEEHAN. Mr. Chairman, I yield money and union dues money 60 days a media exemption. myself such time as I may consume. before an election; we allow individual Now, if my colleagues are yelling at Mr. Chairman, I rise in opposition to contributions and PAC contributions the other side for offering amendments this poison pill amendment. It would to compete. Nobody is shutting up. It which single out individual groups and break apart our coalition. It is an is just a level playing field. They can saying they should be able to speak, amendment designed to destroy the run their ads. and saying that that is wrong, why do sham ‘‘issue ad’’ provisions of the They are not the big guys, but they my colleagues give a media exemption Shays-Meehan bill by purporting to can do it with a unified effort on the to corporate-owned media? Why do my create a targeted exception, which in part of a whole number of farmers who colleagues treat corporations, some fact would exempt any possible adver- are fighting for their cause. corporations, differently than others? tisement paid for with soft money from Mr. Chairman, I reserve the balance This is just one example of the bla- these provisions. of my time. tant inconsistencies of the bill. I would It is simply bad public policy offered Mr. MEEHAN. Mr. Chairman, how urge a ‘‘yes’’ vote on the Combest by opponents of reform, and it would much time do I have remaining? amendment and a ‘‘no’’ vote on Shays- blow a hole in the sham issue advocacy The CHAIRMAN pro tempore (Mr. Meehan. provisions in this bill by allowing un- THORNBERRY). The gentleman from Mr. SHAYS. Mr. Chairman, I yield limited soft money to be spent on any Massachusetts has 11⁄2 minutes remain- myself such time as I may consume. ad that mentions an individual. ing. What our law seeks to do is enforce Let me be clear. Nothing in the Mr. MEEHAN. Mr. Chairman, I yield the 1907 law banning corporate treas- Shays-Meehan bill would ban an out- myself 1⁄2 minute. ury money, the 1947 law that bans side group or a political party or a This amendment seeks to protect union dues money, and enforces the wealthy individual from running an ad- workers, farmers, and families, because 1974 campaign finance reform law. That vertisement on workers or farmers. we all know that workers, farmers, and is what our bill seeks to do. It allows Simply put, there is no ban on ads in families have these big soft money ac- people to speak out using the hard this bill, and nothing in this bill would counts. They raise millions. money 60 days before an election, and, apply to written voter guides. This bill As I sit back and think about it, the frankly, they can use all that other simply says if you are a corporation, a workers, the farmers, and the families money 60 days before an election. 501(c) tax exempt or a union and want are the reason why we need to pass this That is what your bill seeks to do. to broadcast cable, broadcast satellite bill. The workers, the farmers, and the We are getting closer and closer to see- ads 60 days before the Federal election, families, without these big multi- ing that happen. hard money has to be used rather than national soft money PACs, soft money Mr. Chairman, I yield the balance of soft money. That is what this bill does. operations, are the reason why we have my time to the gentleman from Mary- This means that if the NRA, the Sierra Club, to pass campaign finance reform. land (Mr. HOYER). National Right to Life, NARAL, the AFL–CIO This unlimited soft money is the rea- Mr. HOYER. Mr. Chairman, how wants to fund these ads mentioning Federal son why we do not have a patients’ bill much time did he yield back to me? candidates proximate to Federal elections, of rights, the reason why we do not The CHAIRMAN pro tempore. One they can fund them through their PACs. have Medicare prescription drug cov- minute. In fact, the sham-issue ad provisions that erage for seniors, and the reason why Mr. HOYER. Mr. Chairman, I yield 1 are now in the bill are much narrower than workers are getting the shaft day in minute to the distinguished gentleman ever before. And, previous versions of this bill and day out because of this soft money from New York (Mr. ENGEL). passed the House with 252 votes. system. Mr. ENGEL. Mr. Chairman, I thank We narrowed the provision to focus only on Mr. COMBEST. Mr. Chairman, could the gentleman for yielding me this broadcast, cable and satellite ads proximate to the Chair give us the time accounting? time. I oppose the amendment, and I Federal elections to make sure this provision The CHAIRMAN pro tempore. The urge all my colleagues to vote against stood on stronger constitutional grounds, and gentleman from Texas (Mr. COMBEST) it. to ensure that the bill would have no impact has 41⁄2 minutes remaining, the gen- I oppose all these poison pill amend- on voter guides. tleman from Maryland (Mr. HOYER) has ments because they are simply de- The provision now is not only narrower in 2 minutes remaining, the gentleman signed to kill the bill. The American scope but more likely to pass constitutional from Connecticut (Mr. SHAYS) has 11⁄2 people demand campaign finance re- muster—because it supplies the bright-line

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 9920 E:\CR\FM\K13FE7.188 pfrm03 PsN: H13PT2 H440 CONGRESSIONAL RECORD — HOUSE February 13, 2002 test the Court prefers for distinguishing be- say yes, I am for campaign finance re- Miller, Jeff Rogers (KY) Sweeney tween campaign advertisements and pure form, but I voted to exempt everybody Moran (KS) Rogers (MI) Tancredo Myrick Rohrabacher Tauzin issue advocacy. We have found the right bal- from its coverage. That would be an in- Nethercutt Ros-Lehtinen Taylor (NC) ance—as a matter of policy, and as a matter teresting campaign finance reform. We Ney Royce Terry of Constitutional law. Indeed, 9 former ACLU have it on the books; but by the way, it Northup Ryan (WI) Thomas leaders have said that our approach to sham does not cover anybody. Everybody is Norwood Ryun (KS) Thornberry Nussle Schaffer Tiahrt issue advocacy is constitutional. exempt. Osborne Schrock Tiberi We need to put teeth back into laws long on Now, this amendment exempts work- Otter Sensenbrenner Toomey Paul Sessions the books preventing corporate treasury Upton ers and families and farmers and indi- Pence Shadegg Vitter money or union dues from being used for viduals. I am trying to figure out who, Peterson (MN) Shaw Walden campaign ads. therefore, would be included if we Peterson (PA) Sherwood It is time for this sham to end. It is time for Phelps Shimkus Watkins (OK) adopted this amendment, seeing as how Watts (OK) those who pay for campaign ads to play by Pickering Shows most of us sort of consider ourselves Pitts Shuster Weldon (FL) the rules—and for the American people to individuals? Pombo Simpson Weller know exactly who is filling the airwaves with Portman Skeen Whitfield So this is an extraordinarily inter- Wicker ads attacking candidates every second Fall. esting amendment, but it is also an ex- Pryce (OH) Smith (NJ) Vote ‘‘no’’ on this poison pill amendment. Putnam Smith (TX) Wilson (NM) traordinarily bad amendment; and I do Wilson (SC) It’s a cynical ploy designed by opponents of Radanovich Souder not believe any Member who is at all Regula Stearns Wynn this bill. Don’t be fooled by this sham amend- serious about trying to have some Rehberg Stump Young (AK) ment. Reynolds Sununu Young (FL) Mr. COMBEST. Mr. Chairman, I yield meaningful campaign finance reform myself the balance of my time. could in good conscience, with any in- NOES—237 Mr. Chairman, I am going to have to tellectual honesty, and with all due re- Abercrombie Gephardt McKinney go with the gentleman from Tennessee spect to the gentleman from Texas Ackerman Gilchrest McNulty whom I have a great relationship with Allen Gillmor Meehan someday to one of his town hall meet- Andrews Gilman Meek (FL) ings. I have yet to have the luxury of a and greatly respect, possibly vote for Baca Gonzalez Meeks (NY) town hall meeting or sitting around his amendment. Therefore, I enthu- Baird Gordon Menendez with a group of people in a coffee shop siastically urge Members to vote Baldacci Green (TX) Millender- against it. Baldwin Greenwood McDonald in Texas and have them unanimously Barrett Grucci Miller, George agree to the fact that we ought to The CHAIRMAN pro tempore (Mr. Bass Gutierrez Mink bring them under some new Federal THORNBERRY). All time for debate on Becerra Hall (OH) Mollohan regulations. this amendment has expired. Bentsen Harman Moore Berkley Hastings (FL) Moran (VA) It seems to me that the last two op- The question is on the amendment Berman Hill Morella ponents of the amendment have pretty offered by the gentleman from Texas Berry Hilliard Murtha much brought about the argument that (Mr. COMBEST). Bishop Hinchey Nadler is being brought about tonight, that Blagojevich Hinojosa Napolitano The question was taken; and the Blumenauer Hoeffel Neal anybody who is concerned about their Chairman pro tempore announced that Boehlert Holt Oberstar farmers or their workers or their fami- the noes appeared to have it. Bonior Honda Obey Borski Hooley Olver lies is bringing a poison pill. I have not RECORDED VOTE quite figured out why it is in the legis- Boswell Horn Ortiz Mr. COMBEST. Mr. Chairman, I de- Boucher Houghton Ose lative process, if Members are trying to mand a recorded vote. Boyd Hoyer Owens protect the group of people that they Brady (PA) Inslee Pallone A recorded vote was ordered. represent, it is a poison pill. It may Brown (FL) Israel Pascrell The vote was taken by electronic de- Brown (OH) Jackson (IL) Pastor have an impact on a piece of legisla- vice, and there were—ayes 191, noes 237, Capps Jackson-Lee Payne tion that the proponents would love to not voting 6, as follows: Capuano (TX) Pelosi see put into place without any changes, Cardin Jefferson Petri but I am hopeful that the legislative [Roll No. 27] Carson (IN) John Platts Carson (OK) Johnson (CT) Pomeroy process does not work that way; but it AYES—191 Castle Johnson, E. B. Price (NC) blows holes in it, and it is a poison pill. Aderholt Cunningham Hilleary Clay Jones (OH) Quinn I would say that if there is no concern Akin Davis, Jo Ann Hobson Clayton Kanjorski Rahall Armey Davis, Tom Hoekstra Clement Kaptur Ramstad about, as regulations are being changed Bachus Deal Holden Clyburn Kennedy (RI) Rangel in regards to campaign financing and Baker DeLay Hostettler Condit Kildee Reyes campaign law, that we could assure Ballenger DeMint Hulshof Conyers Kilpatrick Rivers those people in rural America, to those Barcia Diaz-Balart Hunter Costello Kind (WI) Rodriguez Barr Doolittle Hyde Coyne Kirk Roemer farmers and workers and families, that Bartlett Dreier Isakson Cramer Kleczka Ross in fact they would be protected if we Barton Duncan Issa Crowley Kucinich Rothman adopt this amendment. Bereuter Dunn Istook Cummings LaFalce Roybal-Allard Mr. Chairman, I yield back the bal- Biggert Ehlers Jenkins Davis (CA) Lampson Rush Bilirakis Ehrlich Johnson (IL) Davis (FL) Langevin Sabo ance of my time. Blunt Emerson Johnson, Sam Davis (IL) Lantos Sanchez Mr. HOYER. Mr. Chairman, I rise in Boehner English Jones (NC) DeFazio Larsen (WA) Sanders opposition to this amendment. It is an Bonilla Everett Keller DeGette Larson (CT) Sandlin amendment like the four other amend- Bono Flake Kelly Delahunt Leach Sawyer Boozman Fletcher Kennedy (MN) DeLauro Lee Saxton ments. It is an interesting proposition Brown (SC) Forbes Kerns Deutsch Levin Schakowsky that we have before us. We are talking Bryant Fossella King (NY) Dicks Lewis (GA) Schiff about campaign finance reform. Burr Gallegly Kingston Dingell Lipinski Scott The gentleman from Tennessee (Mr. Burton Gekas Knollenberg Doggett LoBiondo Serrano Buyer Gibbons Kolbe Dooley Lofgren Shays WAMP) said that he went and asked his Callahan Goode LaHood Doyle Lowey Sherman people about whether or not they Calvert Goodlatte Largent Edwards Lucas (KY) Simmons thought that everybody ought to be Camp Goss Latham Engel Luther Skelton Cannon Graham LaTourette Eshoo Lynch Slaughter covered by the same rules. The gen- Cantor Granger Lewis (CA) Etheridge Maloney (CT) Smith (MI) tleman from Tennessee (Mr. WAMP) Capito Graves Lewis (KY) Evans Maloney (NY) Smith (WA) said yes, all of them agreed that every- Chabot Green (WI) Linder Farr Markey Snyder body ought to be covered by the same Chambliss Gutknecht Lucas (OK) Fattah Mascara Solis Coble Hall (TX) Manzullo Ferguson Matheson Spratt rules and they ought to know who ad- Collins Hansen McCrery Filner Matsui Stark vertises and tells them things so they Combest Hart McHugh Foley McCarthy (MO) Stenholm can figure out for themselves what peo- Cooksey Hastings (WA) McInnis Ford McCarthy (NY) Strickland Cox Hayes McKeon Frank McCollum Stupak ple are saying. Crane Hayworth Mica Frelinghuysen McDermott Tanner I suppose there are some on the other Crenshaw Hefley Miller, Dan Frost McGovern Tauscher side of the aisle who will go home and Culberson Herger Miller, Gary Ganske McIntyre Taylor (MS)

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.061 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H441 Thompson (CA) Udall (NM) Waxman the value of $1,000 in 2002. As a matter ads, it tightened the coordinated ex- Thompson (MS) Velazquez Weiner of fact, if it was indexed to inflation, penses and independent expenditures, Thune Visclosky Weldon (PA) Thurman Walsh Wexler which we index other factors of money it put stricter lowest-unit rate rules on Tierney Wamp Wolf and value, if it was indexed to infla- broadcasters, and it allowed some pub- Towns Waters Woolsey tion, it would be well over $3,000. I real- lic financing. Turner Watson (CA) Wu Udall (CO) Watt (NC) ize raising it from $1,000 to $3,000 would That bill was vetoed. We had cam- be too much to swallow at one time. paign finance reform in America, and it NOT VOTING—6 was vetoed by the President. We hope 2130 Brady (TX) Oxley Roukema b that this President will not veto this Cubin Riley Traficant So this amendment is designed to bill, but he should with this amend- b 2125 strike a balance, to raise it to $2,000, ment in it. I will tell you why. This is Mr. PASTOR changed his vote from which was the balance struck that 59 a bad amendment. More than 300 Mem- ‘‘aye’’ to ‘‘no.’’ U.S. Senators voted for when this legis- bers in this House twice have voted So the amendment was rejected. lation cleared that body, because it is a against this amendment. The last two The result of the vote was announced reasonable approach. And then it pro- times that this amendment was on the as above recorded. spectively indexes that level to infla- floor, overwhelmingly they defeated it. The CHAIRMAN pro tempore (Mr. tion so that you will not have to come I urge those Members to do the same THORNBERRY). Pursuant to the order of back and adjust it later. tonight. the House of Tuesday, February 12, The fact is this: individuals have less Mr. Chairman, I reserve the balance 2002, it is now in order to consider an influence today in the political process of my time. Mr. WAMP. Mr. Chairman, I yield 2 amendment by the gentleman from than they had then just because the minutes to the gentleman from Mis- Connecticut (Mr. SHAYS) or the gen- value of their participation has been reduced. souri (Mr. HULSHOF). tleman from Massachusetts (Mr. MEE- (Mr. HULSHOF asked and was given HAN). The Senate-passed bill also sets the limit for White House candidates and permission to revise and extend his re- AMENDMENT NO. 12 OFFERED BY MR. WAMP Senators, but it leaves the House at marks.) Mr. WAMP. Mr. Chairman, I offer an $1,000. So we are the only one of the Mr. HULSHOF. Mr. Chairman, I amendment as the designee of the gen- considered that is not raised. thank the gentleman for yielding me tleman from Connecticut (Mr. SHAYS). I think from a quality standpoint we time. The CHAIRMAN pro tempore. The need to raise it to $2,000. From a value Mr. Chairman, I rise to ask support Clerk will designate the amendment. of individual contributions standpoint for the Wamp amendment. The text of the amendment is as fol- Mr. Chairman, I think that we have we need to raise it to $2,000. I think we lows: been viewing this entire debate need to adopt the underlying premise through the eyes of 435 incumbents. I Amendment No. 12 offered by Mr. WAMP: they should be indexed into the future. In section 315(a)(1)(A) of the Federal Elec- think we need to take a look at what I will just say this before I reserve tion Campaign Act of 1971, as proposed to be changes are we making to campaign fi- the balance of my time: through my 10 amended by section 308(a)(1) of the bill, nance laws through the eyes of a chal- years of passionate involvement for strike ‘‘(or, in the case of a candidate for lenger. Representative in or Delegate or Resident campaign finance reform, I have never I have run as a challenger on two oc- Commissioner to the Congress, $1,000)’’. wanted and never desired not only to casions, Mr. Chairman, in 1994 and 1996, The CHAIRMAN pro tempore. Pursu- hurt my party, but to hurt the two- and then as a sitting office-holder in ant to section 3 of House Resolution party system. I believe we should sup- 1998 and the year 2000. I can make a 344, the gentleman from Tennessee (Mr. port the two-party system, and I cer- case that soft money actually benefits WAMP) and the gentleman from Cali- tainly do not want to in any way hurt a challenger. Nonetheless, I think we fornia (Mr. FARR) each will control 10 my party. But I never have been able should ban soft money at the Federal minutes. to measure whether reform would help level. The Chair recognizes the gentleman one party or hurt the other party, and But what do we do to assist that from Tennessee (Mr. WAMP). at different times I felt maybe one had challenger in the meantime? I think Mr. WAMP. Mr. Chairman, I yield an advantage or not an advantage. I do the gentleman’s amendment is right on myself such time as I may consume. not know how this will end up in terms point. We have to make it easier for (Mr. WAMP asked and was given per- of who gains the advantage, but I truly someone in our respective districts to mission to revise and extend his re- believe that this measure will take us on. Everybody knows that marks.) strengthen the two-party system, and there are inherent advantages to an in- Mr. WAMP. Mr. Chairman, this it will strengthen the parties at a time cumbency, whether it is the power of amendment simply raises the $1,000 where we are removing the unlimited, the frank, whether it is the ability to limit for individual contributions to unregulated soft money loophole. And stand here and talk and be recognized House candidates to $2,000, which is the when you remove that from the proc- on C–SPAN. There are these built-in same as the Senate-passed bill sets for ess, you need to increase the hard-dol- advantages to a sitting office-holder. Senators. The Senate-passed bill raised lar, the individual dollar contribution What do we do for the 435 candidates their $1,000 contribution limit for the participation, so the parties can con- who may want to seek to serve in this first time since 1974 to $2,000. tinue to thrive without looking to body? Based on that issue, I think that I believe that all 435 Members of the some new loophole. The parties need this amendment is timely. I think it is House should pay close attention to individual participation, and this will an issue of parity, as far as this body what is happening, because I also be- encourage individual participation. and the other body; and I think with lieve that this legislation will succeed Mr. Chairman, I reserve the balance the corresponding ban on soft money, I through the legislative process and ul- of my time. think we should look to an increase in timately be signed into law, and I do Mr. FARR of California. Mr. Chair- hard dollars and really give those chal- not think it is appropriate for the Sen- man, I yield myself 1 minute to speak lengers the ability to stand for public ate to have a different level on indi- in opposition to this bill. office. vidual contribution limits than House Mr. Chairman, this is a bad amend- Mr. FARR of California. Mr. Chair- candidates. ment; but let me put it first in perspec- man, I yield 1 minute to the gentleman I also think we need to look over the tive. Ten years ago President Bush ve- from Oregon (Mr. DEFAZIO). last generation at exactly what has toed a campaign finance reform bill, a Mr. DEFAZIO. Mr. Chairman, in re- happened in individual contribution tougher bill than any of the votes we sponse to the gentleman before me, limits to House candidates. In 1974, this have taken tonight. That bill that was hard money was outraised by incum- $1,000 was established, and individuals on the President’s desk banned soft bents 3.2 to 1. That is a totally BS ar- had that much influence in the process money, it limited PAC contributions, gument, to say, hey, this is going to at that time. The fact is that the value it put a limit on individual contribu- help challengers. It is going to help in- of $1,000 in 1974 was a lot greater than tions, it eliminated the issue-advocacy cumbents.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.053 pfrm03 PsN: H13PT2 H442 CONGRESSIONAL RECORD — HOUSE February 13, 2002 Lobbyists give 92 percent of their well, we need $3,500. I thought that was look and say now, on the hard money, money in hard contributions. They say too much. we are going to increase the amount on oh, this limit is too low, $1,000. Yes, I have changed my mind. We have that. If you can get access, if you can less than 1 percent of the people in had inflation and we need to index it, play in this political game at $1,000, America contribute $1,000, so for 99 per- and we ought to move from $1,000 to you can certainly play at $2,000. For cent of the people, this a moot argu- $2,000. those in our American system who ment. Yes, but for those fat cats, those Those of us, and there are a number have not been able to play at the $1,000 people who can afford the $1,000, this is of them here in the Chamber, that do level, you will be even further excluded an argument. not take political action committee and feel even more remote from the Come on, guys, let us get real. You money, who can give $5,000 to a can- process. say oh, the Senate, the Senate is doing didate, the way those of the rest of us There are already too many people $2,000; $2,000 every 6 years. You are look to our constituency and our participating in this system, too few talking about $2,000 every 2 years. That friends and the people that elected us, people registering and too few a per- means every 6-year Senate cycle they and those are the ones that want to centage of those registered people vot- raise $2,000, you raise $6,000. back us, we do not have to then be with ing; and a great part of it is because So the arguments that are being drug the interests that too often are in they think people that have money in before us are false arguments. Many re- Washington and even in our States. So the system have access. And that does formers back in 1974 argued for $100. I hope we would move from $1,000 to not matter whether it is soft money or Apply the inflation rate to $100. It $2,000. hard money. If you double the hard- would be far less than the $1,000 of Mr. FARR of California. Mr. Chair- money limits, then people that do not today. True reform, get the money out, man, I yield 1 minute to the gentle- have $1,000 to throw in a pie and do not woman from California (Ms. LEE). stick with the lower limits. have $2,000 think you are just making Ms. LEE. Mr. Chairman, I rise today Mr. FARR of California. Mr. Chair- it more and more difficult for them to to oppose this amendment which dou- man, I yield 1 minute to the gentleman bles the amount of money an indi- have a voice. from Texas (Mr. DOGGETT). Mr. FARR of California. Mr. Chair- vidual can donate to a candidate, Mr. DOGGETT. Mr. Chairman, if this known as hard money, from $1,000 to man, I yield 1 minute to the gentleman important bipartisan Shays-Meehan $2,000. This amendment really is a com- from New Mexico (Mr. UDALL). proposal has any defect, it is that it plete step backwards in trying to get Mr. UDALL of New Mexico. Mr. does too little, not too much, as its de- money out of our political system. Chairman, I thank the gentleman for tractors have claimed tonight. As Public Campaign states in its re- yielding me time. With the Shays-Meehan proposal, we port called ‘‘The Color of Money,’’ it is Mr. Chairman, I rise to oppose the take a very important step to reform, an indisputable fact of our political Wamp amendment. Putting more big but it certainly is not the last step system that those candidates and laws money into the system is not the solu- that we need to take. Only one-ninth of favored by wealthy contributors usu- tion. We should be trying to encourage 1 percent of Americans gave $1,000 to a ally prevail over those would-be back- candidates to raise dollars in smaller federal candidate during the last elec- ers who cannot afford to give such amounts, not increasing the contribution cycle. The sole purpose of this large sums of money. tion amount to $2,000. amendment is to allow that elite group Now, because of wage disparities and This debate reminds me of the discus- to give even more. lower incomes in minority and poor sion between the candidate and the If we succeed in banning soft money communities, these constituencies just contributor. The contributor asked the on the one hand, but we increase the do not have large amounts of money to candidate, what do I get if I contribute amount of hard money on the other contribute to campaigns. We only fur- $500 to your campaign? The candidate hand, we will have simply taken from ther disenfranchise them if we raise says, you get good government. one and given to another. We have the amount of hard money that an in- The contributor says, well, what do I merely traded Tweedle-Dee for Twee- dividual can contribute. get if I contribute $1,000 to your cam- dle-Dum. Also this hard-money system makes paign? The candidate says, you get The purported inequity that this it much harder for women, people of good government. amendment allegedly corrects is that color, and low-income people to run for Well, how about $2,000? The answer candidates for the Senate can receive office. It is really undemocratic. Allow- is, you get any kind of government you $2,000 during a 6 year term. But with- ing that amount to be doubled will want. out this amendment, Members of the only give wealthy people even more in- We do not want to go down that road. House can already receive $1,000 every 2 fluence in our political system. Keep the $1,000 maximum contribution years or $3,000 during the same 6 year Mr. Chairman, I urge my colleagues limit. Vote no on the Wamp amend- period. There is no inequity to correct. to vote no on this very discriminatory ment. Mr. Chairman, this amendment amendment. We should be reducing the Mr. FARR of California. Mr. Chair- should be rejected. hard-money limits, rather than in- man, I yield 1 minute to the gentle- Mr. WAMP. Mr. Chairman, I yield creasing them. woman from Michigan (Ms. RIVERS). myself 15 seconds to respond. Mr. FARR of California. Mr. Chair- Ms. RIVERS. Mr. Chairman, I rise in Mr. Chairman, in response to the man, I yield 1 minute to the gentleman opposition to this amendment. To limit gentleman from Oregon who said that from Massachusetts (Mr. TIERNEY). the availability of soft money while si- hard money in the last election was Mr. TIERNEY. Mr. Chairman, I multaneously raising individual con- outraised 3.2 to 1, incumbents to chal- thank the gentleman for yielding me tribution levels will not be seen as lengers, ask him what the ratio is of time. campaign finance reform by our con- PAC money incumbents to challengers. Mr. Chairman, I have great respect stituents. It is a lot higher, because PACs do not for the gentleman from Tennessee and b 2145 give to challengers, and at least they believe that he is not bringing this can get individual contributions. amendment for any ill purposes and It will simply look like the old bait Mr. Chairman, I yield 11⁄2 minutes to may genuinely believe that he is doing and switch, like the old Washington the gentleman from California (Mr. a good thing here. But I think logic, if where one hand washes the other, HORN). we can talk for a second, argues other- where lots of dollars flow to office- Mr. HORN. Mr. Chairman, I thank wise. holders, and where the public interest the gentleman for yielding. The fact of the matter is, as others is not the first priority in lawmaking. Mr. Chairman, 3 years ago I was have mentioned here, the underlying Senator Ev Dirksen once joked, a bil- against raising the amount we could bill is trying to get money out of poli- lion here, a billion there, and pretty have in our coffers for running for Con- tics. We take target on the soft money soon you are talking about some real gress. At that time the two Democratic and move that along. money. Well, Mr. Chairman, to many of and Republican chairmen came to the The fact of the matter, it seems in- our constituents, $1,000 might as well Committee on Rules and they said, congruous and contradictory to take a be $1 billion, and a thousand here and a

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.198 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H443 thousand there, and pretty soon we are money that we are putting into the ment fails or succeeds. I hope this talking about the flood of money that bill. amendment succeeds with all that I saturates this place. This is not reform. We are trying to can urge. It is not a question of going Our vote on the broadcasting indus- do history tonight. We are trying to from the $1,000 to $2,000, it is a question try tonight demonstrates the last pass campaign finance reform. We can- of going from $2 million to $2,000, or a thing that we need in this town is more not have reform out there with a mes- half a million to $2,000, or $200,000 to money. Please vote against this sage that says, well, we did reform, but $2,000. amendment. we just doubled the amount of money We have gotten elected in part be- Mr. WAMP. Mr. Chairman, I yield 11⁄2 that we can get from individual rich cause of all of this soft money which minutes to the distinguished gen- contributors. There is only one way to we are going to see disappear. We are tleman from Texas (Mr. BARTON). have campaign finance reform, and going to return it back to individual (Mr. BARTON of Texas asked and that is to defeat this amendment with Americans. was given permission to revise and ex- the same 300 votes that voted against Mr. Chairman, $2,000 is more than tend his remarks.) it in 1998 and 1999. You are on the $1,000, but it should be $3,500 if we were Mr. BARTON of Texas. Mr. Chair- record, do not flip flop. looking at 1974. I urge my colleagues as man, I thank the gentleman for yield- Mr. FARR of California. Mr. Chair- Democrats and Republicans to support ing me this time. man, I yield 1 minute to the gentleman this amendment. Mr. Chairman, I want to give my col- from Maine (Mr. BALDACCI). This bill may become law. We are leagues a real world example under to- Mr. BALDACCI. Mr. Chairman, I going to have to live with it for the day’s rules. Now, this is a Republican thank the gentleman for that exciting next many, many years, and I think primary example; it is not Republican rendition. The points the gentleman my colleagues will agree that $2,000 versus Democrat. There is a new seat made were very succinct, and I appre- will be better in the years to come down in Texas that my son is running ciate the gentleman raising those than $1,000 and will make it equal to in. He is running among six other pri- issues, including the number of Mem- the Senate. mary Republicans, one of which spent bers who had voted on this measure the Ms. LEE. Mr. Chairman, I rise today to op- $4 million to run in a primary in Hous- last time, the over 300 Members that pose the Wamp amendment, which doubles ton 2 years ago, $4 million, and got voted against this amendment. the amount of money an individual can donate beat by a gentleman who is sitting on I want to thank the gentleman on the to a candidate, known as hard money, from this floor. other side for the hard work that he $1000 to $2000. I personally believe that we Now, under today’s campaign finance has put forward in bringing about true should decrease this maximum amount by rules, if my son is able to get somebody campaign finance reform, but I do dis- 50% to $500 if we are really serious about on the telephone, I mean that is pretty agree with him on this amendment. campaign finance reform. The Wamp amend- good, just get them on the phone and I agree with the premise that we do ment is a complete step backwards in trying to talk to them for 15 minutes, he might not need to add more money into the get the money out of our political system. As Public Campaign states in its report, The be able to get them to send him a process; we should be looking at reduc- Color of Money, ‘‘It is an indisputable fact of check for $1,000 in a race that he really ing it. The other thing that we need to our political system that those candidates and needs to raise $1 million, and that is a remember is nobody is forcing anybody laws favored by wealthy contributors usually thousand phone calls that he is just not to run for office. People choose to run prevail over those whose backers, or would-be going to get made. for office, and they should have that backers, cannot afford to give large sums. As Now, the gentleman from Tennessee opportunity, and it should not be all American University law professor Jamin (Mr. WAMP) says, let us at least raise about money, and it should be about Raskin has stated, this system is ‘every bit as this thing for inflation so that if my their ideas. exclusionary to poorer candidates and voters son can get somebody on the phone, he I think this sends a totally wrong as the regime of the high filing fee and the poll may be able to get $2,000. He is still not message. I would encourage the body to tax’ was in discriminating against African going to match the $4 million that was vote down this amendment, as they did Americans and poor people in the South.’’ spent 2 years ago, but he may be able vote down this amendment before, and Because of wage disparities and lower in- to double the efficiency. say no to this kind of politics and yes comes in minority and poor communities, If we were talking about raising this to campaign finance reform. these constituencies don’t have the resources to $100,000, some of my friends might Mr. FARR of California. Mr. Chair- to contribute to campaigns. We only further have an argument against it, but going man, I yield myself the remaining disenfranchise them if we raise the amount of from $1,000 to $2,000, there is a real- time. hard money that an individual can contribute. world example, admittedly in a Repub- Everybody here has been elected Additionally, this hard money system makes it lican primary, where this, if it were under the law that allows a $1,000 much harder for women, people of color, and law today, would give a challenger can- limit. We had no problem getting elect- low-income people to run for office. This is un- didate who is not a millionaire an op- ed. Many of us have been elected many, democratic. Allowing that amount to be dou- portunity to have a chance to get many times. There is nothing broke bled will only give wealthy people even more enough funding to at least be competi- out there that needs fixing. The law is influence in our political system. tive. a good law, and let us keep that good We see that influence every day. For exam- So I rise in strong support of the law so that we can have good, meaning- ple, wealthy Enron and Arthur Andersen ex- Wamp amendment, and I ask for its ful campaign finance reform tonight. ecutives gave almost $800,000 in $1000 con- adoption. Do not do it by throwing away the mes- tributions since the 1990 election cycle ac- Mr. FARR of California. Mr. Chair- sage by doubling the amount of con- cording to U.S. Public Interest Research man, I yield myself such time as I may tributions that one can take if this Group. Do we want to give these executives consume. amendment is passed. This is a bad even more influence over Congress? Mr. Chairman, we have been down amendment. Defeat it. A 2000 poll by the Mellman group found this road before. In 1998, the gentleman Mr. Chairman, I yield back the bal- that 81 percent of voters either support low- from Kentucky (Mr. WHITFIELD) had ance of my time. ering the $1000 hard money limit or keeping this amendment. It was debated in the Mr. WAMP. Mr. Chairman, in trying it the same. The American people oppose the same sense it was debated tonight, and to change that law, I yield the balance Wamp amendment and we should, too. I urge it was soundly rejected. Mr. Chairman, of our time to the distinguished gen- my colleagues to vote no on this very discrimi- 315 Members of this body voted no. We tleman from Connecticut (Mr. SHAYS). natory amendment. are on the recorded record on that. Mr. SHAYS. Mr. Chairman, I thank The CHAIRMAN pro tempore (Mr. In 1999 the gentleman from Kentucky the gentleman for yielding. THORNBERRY). The question is on the (Mr. WHITFIELD) again offered this This has been a spirited debate. We amendment offered by the gentleman amendment, the same debate, and 300 did not put it in our substitute so we from Tennessee (Mr. WAMP). of us voted against it. Why? Because would, in fact, have this debate. We are The question was taken; and the there is no reform in campaign reform going to live with whatever the deci- Chairman pro tempore announced that if we are doubling the amount of sion is afterwards, whether this amend- the ayes appeared to have it.

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RECORDED VOTE Conyers Kennedy (RI) Payne added by section 101(a) of the bill, to read as Mr. FARR of California. Mr. Chair- Costello Kildee Pelosi follows: Coyne Kilpatrick Peterson (MN) ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- man, I demand a recorded vote. Crowley Kind (WI) Phelps TEES.—An amount that is expended or dis- A recorded vote was ordered. Cummings Kleczka Platts Davis (CA) Kucinich Pomeroy bursed for Federal election activity by a The vote was taken by electronic de- Davis (FL) LaFalce Price (NC) State, district, or local committee of a polit- vice, and there were—ayes 218, noes 211, Davis (IL) Lampson Rahall ical party (including an entity that is di- not voting 6, as follows: Deal Langevin Rangel rectly or indirectly established, financed, DeFazio Lantos Reyes maintained, or controlled by a State, dis- [Roll No. 28] DeGette Larsen (WA) Rivers trict, or local committee of a political party AYES—218 Delahunt Leach Rodriguez and an officer or agent acting on behalf of DeLauro Lee Roemer Abercrombie Granger Pence such committee or entity), or by an associa- Deutsch Levin Ross Aderholt Graves Peterson (PA) Dicks Lewis (GA) Rothman tion or similar group of candidates for State Akin Green (WI) Petri Dingell Lofgren Roybal-Allard or local office or individuals holding State or Armey Greenwood Pickering Doggett Lowey Rush local office, shall be made from funds subject Bachus Grucci Pitts Dooley Luther Sabo to the limitations, prohibitions, and report- Baker Gutknecht Pombo Doyle Lynch Sanchez Barr Hansen ing requirements of this Act. Portman Edwards Maloney (CT) Sanders Bartlett Hart Amend section 323(e)(3) of the Federal Pryce (OH) Engel Maloney (NY) Sandlin Barton Hastert Election Campaign Act of 1971, as proposed Putnam Eshoo Markey Sawyer Bass Hastings (WA) to be added by section 101(a) of the bill, to Quinn Etheridge Mascara Saxton Biggert Hayes read as follows: Radanovich Evans Matheson Schakowsky Bilirakis Hayworth Ramstad Farr Matsui Schiff ‘‘(3) FUNDRAISING EVENTS.—Notwith- Bishop Herger Regula Fattah McCarthy (MO) Scott standing paragraph (1), a candidate or an in- Blunt Hill Rehberg Filner McCarthy (NY) Serrano dividual holding Federal office may attend, Boehlert Hilleary Reynolds Frank McCollum Sherman Boehner Hobson speak, or be a featured guest at a fundraising Rogers (KY) Gallegly McDermott Shows Bonilla Hoeffel event for a State, district, or local com- Rogers (MI) Gephardt McGovern Skelton Bono Hoekstra mittee of a political party. Rohrabacher Gonzalez McIntyre Slaughter Boozman Horn Amend section 304(e)(2) of the Federal Ros-Lehtinen Goode McKinney Smith (WA) Brown (SC) Hostettler Election Campaign Act of 1971, as proposed Royce Goodlatte McNulty Snyder Bryant Houghton Ryan (WI) Gordon Meehan Solis to be added by section 103(a) of the bill, to Burr Hoyer Ryun (KS) Green (TX) Meek (FL) Spratt read as follows: Burton Hulshof Schaffer Gutierrez Meeks (NY) Stark ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH Buyer Hunter Schrock Hall (OH) Menendez Stenholm SECTION 323 APPLIES Callahan Hyde .—In addition to any Sensenbrenner Hall (TX) Millender- Strickland Calvert Isakson other reporting requirements applicable Sessions Harman McDonald Stupak Camp Issa under this Act, a political committee (not Shadegg Hastings (FL) Miller, George Tanner Cannon Istook described in paragraph (1)) to which section Shaw Hefley Mink Tauscher Cantor Johnson (CT) Shays Hilliard Mollohan Taylor (MS) 323(b) applies shall report all receipts and Capito Johnson (IL) Sherwood Hinchey Moore Thompson (CA) disbursements made for activities described Chabot Johnson, E. B. Shimkus Hinojosa Moran (VA) Thompson (MS) in section 301(20)(A), unless the aggregate Chambliss Johnson, Sam Shuster Holden Murtha Thune Clement Jones (NC) amount of such receipts and disbursements Simmons Holt Nadler Thurman Collins Keller during the calendar year is less than $5,000. Simpson Honda Napolitano Tierney Combest Kelly Skeen Hooley Neal Turner The CHAIRMAN pro tempore. Pursu- Cooksey Kennedy (MN) Smith (MI) Inslee Northup Udall (CO) ant to section 3 of House Resolution Cox Kerns Smith (NJ) Israel Nussle Udall (NM) Cramer King (NY) 344, the gentlewoman from Missouri Smith (TX) Jackson (IL) Oberstar Velazquez Crane Kingston (Mrs. EMERSON) and a Member opposed, Souder Jackson-Lee Obey Walden Crenshaw Kirk Stearns (TX) Olver Waters the gentleman from Michigan (Mr. Culberson Knollenberg Stump Jefferson Ortiz Watson (CA) Cunningham Kolbe LEVIN), each will control 10 minutes. Jenkins Ose Watt (NC) Davis, Jo Ann LaHood Sununu The Chair recognizes the gentle- John Owens Waxman Davis, Tom Largent Sweeney Jones (OH) Pallone Weiner woman from Missouri (Mrs. EMERSON). DeLay Larson (CT) Tancredo Kanjorski Pascrell Wexler Mrs. EMERSON. Mr. Chairman, I DeMint Latham Tauzin Kaptur Pastor Woolsey yield myself such time as I may con- Diaz-Balart LaTourette Taylor (NC) Doolittle Lewis (CA) Terry NOT VOTING—6 sume. Dreier Lewis (KY) Thomas In November of 2000, on the night of Ballenger Cubin Roukema Duncan Linder Thornberry Tiahrt Brady (TX) Riley Traficant my reelection, I told my constituents Dunn Lipinski that I firmly supported meaningful Ehlers LoBiondo Tiberi b 2212 Ehrlich Lucas (KY) Toomey campaign finance reform. That posi- Emerson Lucas (OK) Towns Mrs. KELLY, Mrs. EMERSON, and tion has not changed and it will not English Manzullo Upton Messrs. HYDE, LOBIONDO, LUCAS of change. Everett McCrery Visclosky Kentucky, COLLINS and FORD Ferguson McHugh Vitter I know how hard the sponsors of this Flake McInnis Walsh changed their vote from ‘‘no’’ to ‘‘aye’’. bill have worked, and I want to com- Fletcher McKeon Wamp So the amendment was agreed to. mend them for it; but if our goal is to Foley Mica Watkins (OK) The result of the vote was announced reduce the influence of soft money, this Forbes Miller, Dan Watts (OK) as above recorded. Ford Miller, Gary Weldon (FL) bill does not go far enough. This bill is Fossella Miller, Jeff Weldon (PA) b 2215 not true campaign finance reform. This Frelinghuysen Moran (KS) Weller The CHAIRMAN pro tempore (Mr. bill is campaign finance hide and seek. Frost Morella Whitfield The fact of the matter is soft money Ganske Myrick Wicker THORNBERRY). Pursuant to the order of Gekas Nethercutt Wilson (NM) the House of Tuesday, February 12, will seek a place to hide, and there is a Gibbons Ney Wilson (SC) place to hide in this bill, dark enough Gilchrest Norwood Wolf 2002, it is now in order to consider an amendment by the gentleman from and big enough to provide cover for Gillmor Osborne Wu mountains of soft money. This bill pro- Gilman Otter Wynn Texas (Mr. ARMEY). Goss Oxley Young (AK) vides that cover for obscene amounts of AMENDMENT NO. 33 OFFERED BY MRS. EMERSON Graham Paul Young (FL) money without Federal disclosure, Mrs. EMERSON. Mr. Chairman, I without Federal reporting and in total NOES—211 offer an amendment as the designee of darkness. This is hide and seek at its Ackerman Berkley Brown (OH) the gentleman from Texas (Mr. best or its worst. Allen Berman Capps ARMEY). Andrews Berry Capuano In my home State of Missouri, it The CHAIRMAN pro tempore. The Baca Blagojevich Cardin means for example that 10 corporations Clerk will designate the amendment. Baird Blumenauer Carson (IN) and 10 unions could give over $10 mil- Baldacci Bonior Carson (OK) The text of the amendment is as fol- Baldwin Borski Castle lows: lion of soft money to each party each Barcia Boswell Clay year. If creating that loophole were not Amendment No. 33 offered by Mrs. EMER- Barrett Boucher Clayton bad enough, Shays-Meehan creates an Becerra Boyd Clyburn SON: Bentsen Brady (PA) Coble Amend section 323(b) of the Federal Elec- even bigger loophole by allowing Mem- Bereuter Brown (FL) Condit tion Campaign Act of 1971, as proposed to be bers of Congress, us, to raise unlimited

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.207 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H445 soft money from 501(c) tax-exempt or- roots activities of democratic, with a I believe this is an asset. This is ganizations. That is an outrage and small D, participation. This amend- something that contributes to what we even Senator MCCAIN did not support ment runs counter to that rhetoric. are trying to do, get more people in- that loophole. I suggest that in a resounding way we volved, say yes you can be involved and Labor unions worry that corporate vote no on this terribly misguided your voice is very important. soft money is killing our political sys- amendment. This deals with a myriad of groups. It tem, and business interests worry that Mr. Chairman, I reserve the balance does not isolate groups. It does not dis- unions and union soft money is killing of my time. tinguish or suggest that people cannot our political system. In fact, the fact of Mrs. EMERSON. Mr. Chairman, I be involved. These are resources that the matter is that the flood of soft yield 21⁄2 minutes to the gentleman will be given to allow us to organize in money from both sides, from both sides from North Carolina (Mr. HAYES). our communities. I cannot imagine any drowns out the only voices which are Mr. HAYES. Mr. Chairman, I thank of us that go home to any of our re- important. Those are the voices of the the gentlewoman from Missouri (Mrs. spective communities would ever say American people. EMERSON) for yielding me the time. to the committeemen who work long The only way to allow the voices of Folks have been here a long time. hard hours, to precinct judges that The real moment of truth has arrived. the American people to be heard is to work with us, to the activists that Are my colleagues going to fish or are totally ban all soft money. Let us sup- work with us, that their work in en- they going to cut bait? I strongly, en- port true campaign finance reform, re- couraging people to vote is not impor- thusiastically, heartily support the form that closes all the loopholes. Let tant. gentlewoman’s amendment. us get rid of the Levin loophole. Let us I would ask my colleagues to look at This is campaign finance reform. It these resources as it is. These are not get rid of the midnight loophole to so- takes care of the problem on page 79 of licit 501(c) organizations, and let us dollars that come to any one of us. the so-called latest and greatest Shays- These are not dollars that, in fact, ban all soft money. Meehan bill, that page that allows soft Mr. Chairman, I reserve the balance have direct influence and direct us in money to borrow hard money and pay any way in making decisions on policy. of my time. it back after the election. This fixes Mr. LEVIN. Mr. Chairman, I yield These are dollars that have to do with the problem now. In some precincts in myself 3 minutes. bringing in a whole group of individ- Missouri I heard there was over 110 per- Anyone who believes in grassroots uals who will have the opportunity to cent turnout. That is the kind of soft- activities must vote no on this amend- exercise their view and viewpoints. money results that the other bill that ment. It has been subject, as it has This is not a good amendment, and I is before us provides. Is that campaign been true of other provisions, of gro- would ask my colleagues to defeat it. finance reform? I do not think so. tesque mischaracterization. Mrs. EMERSON. Mr. Chairman, I Let us be serious. Here is the real yield 2 minutes to the gentleman from What this does is not open the flood thing. Here is our chance, our real gates. It is make sure there is no flood Ohio (Mr. NEY), the tremendous chair- chance to reform, to fix; and I submit man of the Committee on House Ad- gate. Instead, there is a channel for to my colleagues that it is not money grassroots activity indeed for the peo- ministration. that is the problem. It is people who Mr. NEY. Mr. Chairman, I thank my ple to be heard. The Senate adopted are the problem; but if we believe that this provision on a bipartisan basis to colleague for yielding me the time. it is money, fix it, take it out, take it This, of course, what my colleague is preserve for the States and for the now, let us do it. Let us reform cam- trying to correct, this is the Enron local parties an important role in tra- paign finance and support the gentle- limousine part of Shays-Meehan, $60 ditional grassroots activities: registra- woman from Missouri’s (Mrs. EMERSON) million-some with the Levin amend- tion, get out the vote, voter identifica- amendment. ment. We call it the Enron limousine. tion. Everybody should understand Mr. LEVIN. Mr. Chairman, I yield 2 They could have spread around $60 mil- these restrictions. minutes to the gentlewoman from lion-some. The non-Federal of the State portion Texas (Ms. JACKSON-LEE), a very distin- I think we have heard it all tonight. must be raised in accordance with guished Member. I do not know if it is because it is get- State law, and many States prohibit Ms. JACKSON-LEE of Texas. Mr. ting late or because we have just got to corporate or labor union money. There Chairman, I thank the gentleman from create more on the floor of the House. is a limit by any entity of $10,000. Michigan (Mr. LEVIN) very much for We have heard it all. Now eliminating There can be no mention, and I empha- yielding me the time. soft money, which is what this amend- size this, of a Federal candidate. There I would ask my colleagues, are we ment does, is a poison pill. We have can be no expenditure of these moneys afraid of the committeemen and really evolved. for broadcast television or for radio women, the precinct judges, the party Somebody said this bill has barely ads; and the State portion, the non- Chairs, the people who are really on changed. It is not the same species. I Federal portion, cannot be raised by a the ground exercising their democratic cannot believe that we are talking Federal office-holder or candidate. principles, their principles of belief in about doing something good with the They cannot be transferred among their parties, be it Republican or Dem- elimination of the soft money, it now committees. They cannot be raised in ocrat? This language has nothing to do becomes a poison pill; but back-room coordination with other political par- with special interest dollars influ- deals can be cut all the time to evolve ties, and there has to be an allocation encing the votes of Members of the this bill. We bring up good amendments according to the FEC rules. There has House or Senate. and all of the sudden they are just not to be a Federal hard-dollar match for All it has to do is providing resources good enough. these moneys. so that people who live in our commu- In defense, somebody said tonight it There is no way this opens a flood nities, who work every day in political can only be used for good purposes. It gate. Instead, what this does is create activities can, in fact, exercise the is still influence-peddling when some- an opportunity for the people to be democratic process. These are re- one is going to throw that money heard, for grassroots activities to con- sources to build party structures. around. From our point of view, this is tinue, for there to be voter identifica- These are resources to enable the what my colleagues have said hundreds tion, registration without a single ref- grassroots, to get people involved, to of times about this type of soft money. erence to any Federal candidate. That do voter registration, to help young 501(c)(3) too is also in here, the is why Senator MCCAIN and Senator people become involved, not in terms 501(c)(3)s, and there is a building fund. FEINGOLD supported this, and it was of special interest dollars, but pro- This is so full of soft money, and my adopted by voice vote in the Senate. viding them the resources, maybe the colleagues know it. This amendment is a poison pill, not stamps, maybe the literature, that This is a good amendment, makes a only for this bill. It is a poison pill if helps encourage people to be part of good correction. I urge support of the adopted for grassroots activities. I this process. The Levin provision only amendment. have heard so much on that side of the allows what States already do them- Mr. LEVIN. Mr. Chairman, how much aisle about the importance of grass- selves, there is no federal intervention. time is there, please?

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.210 pfrm03 PsN: H13PT2 H446 CONGRESSIONAL RECORD — HOUSE February 13, 2002 The CHAIRMAN pro tempore. The The gentleman from Michigan (Mr. respectful of what the fine Senators in gentlewoman from Missouri (Mrs. LEVIN) and I have had debates about the other body might have to do or say, EMERSON) has 41⁄2 minutes remaining. this, because I think this is something maybe two of California’s Senators The gentleman from Michigan (Mr. that could be turned into something might visit my district sometime in LEVIN) has 5 minutes remaining. later on. But as it is constructed, as it the next few months and find out what Mr. LEVIN. Mr. Chairman, I yield is used, it is fair. It makes sense. No they are saying, with all due respect to myself 15 seconds. Federal employees can raise it, it can- the gentleman. They do not speak for The $50 million figure comes out of not be used by Federal employees, it my district, I speak for my district. thin air, made of whole cloth; and the has limited use, and it cannot be used And if they want to come to my dis- gentleman who just spoke wants to for any advertising. trict and visit with my people, I will be have unlimited soft money while this is Mrs. EMERSON. Mr. Chairman, I happy to have a town hall meeting money under State law, carefully, care- yield 2 minutes to the gentleman from with them. fully confined to grassroots activity. Arizona (Mr. FLAKE). Mr. LEVIN. Mr. Chairman, I yield No one should vote for the Emerson Mr. FLAKE. Mr. Chairman, I thank myself such time as I may consume to amendment. the gentlewoman for yielding me this respond to the gentleman from Cali- Mr. Chairman, I yield 2 minutes to time. fornia that I think his Senators will the gentleman from Connecticut (Mr. We have come full circle. It is 10:30 take up his invitation. SHAYS), one of the chief cosponsors of on a Wednesday night, and I think we Mr. Chairman, I yield the balance of this bill. have heard just about everything. We my time to the gentleman from Massa- Mr. SHAYS. Mr. Chairman, I thank have heard that soft money is evil, yet chusetts (Mr. MEEHAN), who has the gentleman from Michigan (Mr. now it is okay. We have heard from the worked so hard on this bill and who LEVIN) for yielding me the time. other side that we have to do without very much opposes this poison pill This is a very interesting debate. We it, but now we cannot do without it. We amendment. are on different sides. The gentleman have heard that we have to get rid of The CHAIRMAN pro tempore. The from Ohio (Mr. NEY) has a bill that will it, but now we need it to collateralize gentleman from Massachusetts is rec- be coming up that has no limits to soft loans for hard money and then to pay ognized for 21⁄2 minutes. money on the State level and some off hard money loans through an Mr. MEEHAN. Mr. Chairman, I thank limits in soft money on the Federal amendment in the middle of the night the gentleman from Michigan for yield- level; but on the State level he will that nobody seems to want to own up ing me this time. allow Federal employees to raise that to. It is about 10:35 at night, and the money on the State level. We have heard it all. Let us call this amendments continue. This is an The gentleman from Michigan (Mr. what it is. It is a blatant attempt to amendment, another attempt to de- LEVIN) has an amendment that he is buy the last couple of votes needed for stroy the coalition that we have held trying to keep in the bill that was put this bill, and it keeps getting worse together over a period of the last sev- in by the Senate. The Senate wants and worse and worse. I wonder at what eral years. There have been negotia- this amendment. They believe it is fair point people will stand up and say, tions that have taken place that have because they believe it does not in- enough. This is not the bill we started been bipartisan and bicameral. We volve any Federal employees, any Fed- out with. It keeps getting worse. have a historic opportunity here in this eral office-holders, any Federal party We have come full circle. Soft money House to pass a bill that will fun- people. is bad; now it is not only good, it is damentally change the way elections necessary to promote grassroots activ- are held in this country. A historic op- b 2230 ity. Which is it? Please tell us. portunity. It is soft money raised by a State, I urge support of the Emerson The only way we are not going to and a State chooses to do it. Any State amendment. have this opportunity is if the oppo- that does not allow soft money, there Mr. LEVIN. Mr. Chairman, how much nents of reform are able to pass an is no soft money. We are allowing time is remaining? amendment that is designed to kill the States to do what they want to do for The CHAIRMAN pro tempore (Mr. bill. We have faced a series of those their elections, for local and State THORNBERRY). The gentlewoman from amendments, all taken in last night at elections. Missouri (Mrs. EMERSON) has 31⁄2 min- about 12 o’clock and all designed to Now, I confess to my colleagues that utes remaining, the gentleman from break up the coalition. Sometimes there was an amendment that did this Michigan (Mr. LEVIN) has 23⁄4 minutes they try to break off Democrats, some- before. The gentleman from Arkansas remaining. The gentlewoman from Mis- times they try to break off Repub- had an amendment where he wanted souri has the right to close. licans, sometimes they have amend- the States to raise soft money, and I Mrs. EMERSON. Mr. Chairman, I re- ments that the Senate will never go opposed it because I knew we would serve the balance of my time. along with. Sometimes it is Senate Re- eventually send it to the Senate. I wish Mr. LEVIN. Mr. Chairman, I yield publicans they are trying to offend. this amendment were not here, as a myself 15 seconds. To the gentleman Anything and everything that can be purest, but I think it is fair. My con- from Arizona, if he wants to defame proposed to try to defeat McCain-Fein- cern is that it is a good amendment the Members of the Senate, Mr. gold/Shays-Meehan has been proposed now, that it could be changed over MCCAIN, Mr. FEINGOLD, and all others this evening. This is nothing more than time, but it is fair now. It works now. who voted in favor of this, it was by the latest attempt. And it is absolutely essential if we are voice vote, go ahead and do so. Go But I want to tell my colleagues to pass this bill that this amendment ahead and do so. The gentleman is something. The American people get it. stay in and that the amendment being making a mistake. The American people are watching this offered not be allowed to pass. I cannot This is to preserve grassroots activ- debate tonight waiting to see who is emphasize it enough. ity and nothing else. for real reform, who is trying to break We have had some easy votes, maybe Mr. Chairman, I reserve the balance up the coalitions, who wants to pass a my colleagues think. They are going to of my time. bill, and who wants to kill a bill, be- be really, really close now. After all Mrs. EMERSON. Mr. Chairman, I cause every person in this House knows this, we are going to defeat this bill by yield 1 minute to the gentleman from that if we pass a bill designed to go to accepting an amendment that frankly California (Mr. OSE). the conference committee, it is going is pretty amazing given that the gen- Mr. OSE. Mr. Chairman, I thank the to die in conference, just where a pa- tleman from Ohio (Mr. NEY), in a few gentlewoman from Missouri for yield- tient’s bill of rights is dying. Just moments, is going to offer an amending me this time. where campaign finance reform in the ment to allow unlimited soft money at Let me just say that I do not serve in past has died. That is why we have the State level. the Senate. I serve in the House. My preconferenced this bill with the Sen- So is this a perfect bill? No. It is 85 district goes up and down the center ate, to design a bill that is balanced percent of what I would like it to be. part of California. And while I am very and fair to both political parties.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.214 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H447 Now, if my colleagues want to defeat Mr. NEY. Mr. Chairman, I just want McHugh Radanovich Sununu campaign finance reform, they will to point out that Shays-Meehan has McInnis Regula Sweeney McKeon Rehberg Tancredo have yet another possibility to do that. been passed around and changed more Mica Reynolds Tauzin That is this amendment. And after this than a baby at an all-day baptism Miller, Dan Rogers (KY) Taylor (MS) amendment, we will have other amend- party in the last 2 weeks and last Miller, Gary Rogers (MI) Taylor (NC) ments designed to kill this bill. But I night. Miller, Jeff Rohrabacher Terry Moran (KS) Ros-Lehtinen Thomas believe a majority of the Members of And the other thing is, my friends Myrick Royce Thornberry this House are ready to stand in a bi- from Michigan and Connecticut do not Nethercutt Ryan (WI) Thune partisan way, whether it takes until 11 get the point. We have a good bill, the Ney Ryun (KS) Tiahrt Northup Saxton Tiberi o’clock, 12 o’clock, 1 a.m., 2 a.m., 3 gentleman from Maryland (Mr. WYNN) Norwood Schrock Upton Nussle Sensenbrenner a.m., or 4 a.m. we are going to stand and I. We did not claim it was from the Vitter Osborne Sessions tall, opposed to any amendment that outset completely pure. My colleagues Walden Ose Shadegg will break up our coalition. all claim to ban soft money, but they Otter Shaw Watkins (OK) I ask all Members on both sides of do not. Oxley Sherwood Watts (OK) the aisle to defeat this amendment and Pence Shimkus Weldon (FL) Mrs. EMERSON. Mr. Chairman, I Weldon (PA) pass campaign finance reform. Peterson (MN) Shuster yield myself the remaining time. Peterson (PA) Simpson Weller Mrs. EMERSON. Mr. Chairman, I Back a couple of amendments ago, I Pickering Skeen Whitfield yield myself such time as I may con- heard the gentleman from Massachu- Pitts Smith (MI) Wicker Pombo Smith (NJ) Wilson (NM) sume, and I would like to ask my good EEHAN setts (Mr. M ) talk about the cor- Portman Souder Wilson (SC) friend, the gentleman from Massachu- ruption of soft money and how we do Pryce (OH) Stearns Young (AK) setts (Mr. MEEHAN), one question, not have a prescription drug bill for Putnam Stump Young (FL) please. senior citizens because of soft money, If soft money is so corrupting, why and his bill does not ban it. In the gen- NOES—244 then does the gentleman allow any soft tleman’s bill there are big huge loop- Abercrombie Frank Maloney (NY) money to be legal in this bill? Ackerman Frost Markey holes for obscene amounts of money Allen Ganske Mascara Mr. MEEHAN. Mr. Chairman, will from pharmaceutical companies, from Andrews Gephardt Matheson the gentlewoman yield? unions, from whomever to keep us from Baca Gilchrest Matsui Mrs. EMERSON. I yield to the gen- doing good legislation. Bachus Gilman McCarthy (MO) tleman from Massachusetts. Baird Gonzalez McCarthy (NY) If we are really serious about this, we Baldacci Gordon McCollum Mr. MEEHAN. Mr. Chairman, if the will ban all soft money now and for- Baldwin Graham McDermott gentlewoman thinks soft money is ever. Ballenger Green (TX) McGovern Barcia Greenwood McIntyre okay, why does she oppose the $10,000 Mr. Chairman, I yield back the bal- limit? Barr Grucci McKinney ance of my time. Barrett Gutierrez McNulty Mrs. EMERSON. I hate soft money. The CHAIRMAN pro tempore. The Bass Hall (OH) Meehan Mr. MEEHAN. Can I answer the ques- question is on the amendment offered Becerra Harman Meek (FL) tion? Bentsen Hastings (FL) Meeks (NY) Mrs. EMERSON. Yes. by the gentlewoman from Missouri Berkley Hill Menendez Berman Hilliard Millender- Mr. MEEHAN. This is a limited (Mrs. EMERSON). The question was taken; and the Berry Hinchey McDonald amount, $10,000. It cannot go for tele- Bishop Hinojosa Miller, George vision ads, it cannot go for radio ads. Chairman pro tempore announced that Blagojevich Hoeffel Mink Mrs. EMERSON. Wait, stop, every- the ayes appeared to have it. Blumenauer Holden Mollohan Boehlert Holt Moore one. RECORDED VOTE Bonior Honda Moran (VA) Mr. MEEHAN. It cannot go for radio Mr. LEVIN. Mr. Chairman, I demand Borski Hooley Morella ads. a recorded vote. Boswell Horn Murtha Boucher Hostettler Nadler ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE A recorded vote was ordered. Boyd Houghton Napolitano The CHAIRMAN pro tempore. The The vote was taken by electronic de- Brady (PA) Hoyer Neal gentleman will suspend. vice, and there were—ayes 185, noes 244, Brown (FL) Hulshof Oberstar Brown (OH) Inslee Obey The Chair again requests that Mem- not voting 6, as follows: Capps Israel Olver bers use the proper procedure in yield- [Roll No. 29] Capuano Jackson (IL) Ortiz Cardin Jackson-Lee Owens ing back and forth to each other. The AYES—185 gentlewoman from Missouri (Mrs. Carson (IN) (TX) Pallone Aderholt Culberson Hansen Carson (OK) Jefferson Pascrell EMERSON) controls the time. If the gen- Akin Cunningham Hart Castle John Pastor tlewoman chooses to yield further to Armey Davis, Jo Ann Hastert Clay Johnson (CT) Paul the gentleman from Massachusetts, she Baker Davis, Tom Hastings (WA) Clayton Johnson (IL) Payne Bartlett Deal Hayes Clement Johnson, E. B. Petri may do so. Barton DeLay Hayworth Clyburn Jones (OH) Phelps Mrs. EMERSON. Mr. Chairman, I Bereuter DeMint Hefley Condit Kanjorski Platts would like to just have a very short an- Biggert Diaz-Balart Herger Costello Kaptur Pomeroy swer from the gentleman. Bilirakis Doolittle Hilleary Coyne Kennedy (RI) Price (NC) Blunt Dreier Hobson Cramer Kerns Quinn Mr. MEEHAN. If the gentlewoman Boehner Duncan Hoekstra Crowley Kildee Rahall will continue to yield, my brief answer Bonilla Ehlers Hunter Cummings Kilpatrick Ramstad is we believe that the million-dollar Bono Ehrlich Hyde Davis (CA) Kind (WI) Rangel Boozman Emerson Isakson Davis (FL) King (NY) Reyes contributions, like the $4 million to Brown (SC) English Issa Davis (IL) Kirk Rivers Enron over a period of 10 years, the $2 Bryant Everett Istook DeFazio Kleczka Rodriguez million in the last election cycle, that Burr Ferguson Jenkins DeGette Kucinich Roemer is what we are fighting; the $2 million Burton Flake Johnson, Sam Delahunt LaFalce Ross Buyer Fletcher Jones (NC) DeLauro Lampson Rothman ends up in television ads. Callahan Foley Keller Deutsch Langevin Roybal-Allard This is $10,000 that cannot go on tele- Calvert Forbes Kelly Dicks Lantos Rush vision. It cannot do anything but build Camp Fossella Kennedy (MN) Dingell Larsen (WA) Sabo both parties. Cannon Frelinghuysen Kingston Doggett Larson (CT) Sanchez Cantor Gallegly Knollenberg Dooley Leach Sanders Mrs. EMERSON. Mr. Chairman, re- Capito Gekas Kolbe Doyle Lee Sandlin claiming my time, how much time do I Chabot Gibbons LaHood Dunn Levin Sawyer have remaining? Chambliss Gillmor Largent Edwards Lewis (GA) Schaffer Coble Goode Latham Engel Lipinski Schakowsky The CHAIRMAN pro tempore. The Collins Goodlatte LaTourette Eshoo LoBiondo Schiff gentlewoman has 11⁄2 minutes remain- Combest Goss Lewis (CA) Etheridge Lofgren Scott ing. Conyers Granger Lewis (KY) Evans Lowey Serrano Mrs. EMERSON. Mr. Chairman, I Cooksey Graves Linder Farr Lucas (KY) Shays Cox Green (WI) Lucas (OK) Fattah Luther Sherman yield 15 seconds to the gentleman from Crane Gutknecht Manzullo Filner Lynch Shows Ohio (Mr. NEY). Crenshaw Hall (TX) McCrery Ford Maloney (CT) Simmons

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.216 pfrm03 PsN: H13PT2 H448 CONGRESSIONAL RECORD — HOUSE February 13, 2002 Skelton Tauscher Walsh permanent resident aliens. The prob- made no distinction whatsoever in Slaughter Thompson (CA) Wamp Smith (TX) Thompson (MS) Waters lem is this, Mr. Chairman: The Federal guaranteeing the rights and privileges Smith (WA) Thurman Watson (CA) Election Commission has interpreted of this country when they wrote the Snyder Tierney Watt (NC) this exemption to the point where all a word ‘‘persons.’’ They did not say ‘‘citi- Solis Toomey Waxman foreign citizen, a foreign citizen, needs zens.’’ They said ‘‘persons.’’ And the Spratt Towns Weiner Stark Turner Wexler is an address in the United States to be courts time and time again have pro- Stenholm Udall (CO) Wolf permitted to make a contribution. This tected the rights of persons within the Strickland Udall (NM) Woolsey alien loophole makes it easier for for- United States. They have not made any Stupak Velazquez Wu Tanner Visclosky Wynn eign interests to funnel money to discriminations, neither should we, in United States political campaigns. terms of dealing with these people who NOT VOTING—6 Hours ago on this floor of the House, are legally here. Brady (TX) Pelosi Roukema my friend the gentleman from Massa- Twenty thousand legal residents cur- Cubin Riley Traficant chusetts (Mr. MEEHAN) mentioned that rently serve in the military. More than b 2300 it might take more than one scandal to 20 percent of Americans who have re- Mr. TOOMEY and Mr. KERNS bring a bill to the floor. He mentioned ceived the Congressional Medal of changed their vote from ‘‘aye’’ to ‘‘no.’’ several, but one of the scandals he Honor were legal residents. How can we Mr. BURTON of Indiana changed his mentioned was the contribution of for- deny legal residents the right to care vote from ‘‘no’’ to ‘‘aye.’’ eign nationals to our Federal election about what is happening in this coun- So the amendment was rejected. in 1996. He mentioned that as one of try? We need to keep them in the polit- The result of the vote was announced the scandals that we had had in the ical process. Do not write them off. as above recorded. United States of America, and indeed it They are our friends. They are part of The CHAIRMAN pro tempore (Mr. was. The American people witnessed in our community. We should respect the THORNBERRY). Pursuant to the order of the Clinton-Gore campaign a breath- work that they do. the House of Tuesday, February 12, taking willingness to solicit campaign Mr. WICKER. Mr. Chairman, I yield 2 2002, it is now in order to consider an money from noncitizens. It is this minutes to the gentleman from Ari- amendment by the gentleman from abuse which my amendment is de- zona (Mr. HAYWORTH). Texas (Mr. ARMEY). signed to address. The video of Al Gore Mr. HAYWORTH. Mr. Chairman, I AMENDMENT NO. 34 OFFERED BY MR. WICKER soliciting money from Buddhist monks thank my friend from Mississippi for Mr. WICKER. Mr. Chairman, as the who had taken a vow of poverty is an yielding me this time, and I thank my designee of the majority leader, I offer example of the type of campaign fi- friend from Hawaii for her impassioned an amendment. nance abuses this amendment address- statement. The CHAIRMAN pro tempore. The es. You know, the whole purpose of the Clerk will designate the amendment. This is a serious matter. The fact amendment process is to offer per- The text of the amendment is as fol- that it is simple in nature does not lows: fecting amendments, and indeed, if we take away from the seriousness of it. followed the gentlewoman’s logic, then Amendment No. 34 offered by Mr. WICKER: We are talking about protecting our Add at the end of title III the following we would allow noncitizens to vote. process from campaign contributions After all, should they not have a voice? new section: from China, Indonesia, Saudi Arabia, SEC. 320. BANNING POLITICAL CONTRIBUTIONS Indeed, we have seen evidence of that IN FEDERAL ELECTIONS BY ALL IN- wherever, into our system. in recent election campaigns, just as DIVIDUALS NOT CITIZENS OR NA- This amendment, has already passed we saw in 1996, Bernard Schwartz, the TIONALS OF THE UNITED STATES. this House of Representatives on three leading contributor to the Democratic Section 319(b)(2) of the Federal Election occasions: once under suspension as a Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is Party, and his Loral Missile Systems freestanding bill and twice as amend- give the Communist Chinese guidance amended by striking the period at the end ments to the Shays-Meehan legisla- and inserting the following: ‘‘, or in the case systems, and our Commander in Chief of an election for Federal office, an indi- tion. In the 105th Congress, it received at that time did absolutely nothing. vidual who is not a citizen of the United a vote of 282–126; in the 106th Congress, And that was an outrage. But we un- States or a national of the United States (as a margin of 242–181. derstand the pop psychology of the left: defined in section 101(a)(22) of the Immigra- On both of those occasions, the ‘‘Oh, gee, it’s just this horrible system. tion and Nationality Act).’’. amendment was adopted, the Shays- I didn’t really mean it. It’s just a hor- The CHAIRMAN pro tempore. Pursu- Meehan bill came to final passage, and rible system.’’ ant to section 3 of House Resolution the Shays-Meehan bill was adopted Now, my friends, here is your chance 344, the gentleman from Mississippi overwhelmingly in the House of Rep- to change the system, to say lawful (Mr. WICKER) and the gentleman from resentatives. So I challenge those of citizens can contribute. No more fin- Maryland (Mr. HOYER) each will con- my colleagues who have been saying anciers of Red Pagoda Communist Chi- trol 10 minutes. throughout the afternoon that this nese cigarettes, no more daughters of The Chair recognizes the gentleman amendment is a poison pill amend- the head of the Chinese equivalent of from Mississippi (Mr. WICKER). ment. We have adopted three amend- the CIA who showed up in the Oval Of- Mr. WICKER. Mr. Chairman, I yield ments already today which I think fice, no more sham corporations, Chi- myself 31⁄2 minutes. have improved this legislation. nese shell corporations operated by the Mr. Chairman, this is a simple This amendment is one that has Red Army of China doing their dirty amendment. It closes a loophole in our widespread bipartisan support. I urge work through soft money to a Clinton- current campaign finance system my colleagues to adopt it as they have Gore reelection campaign. which allows foreign interests to influ- the other three amendments. ence United States elections. It re- Mr. Chairman, I reserve the balance If you are serious about reform, quires that contributions to Federal of my time. stand up for national security, stand up candidates be made by either United Mr. HOYER. Mr. Chairman, I yield for this perfecting amendment, but I States citizens or American nationals. myself 5 seconds. This amendment know the Orwellian phrase will be, When discussing this amendment takes away rights that currently exist. somehow this is a poison pill. Yes, I with many of my colleagues, Mr. Chair- Mr. Chairman, I yield 1 minute to the guess it is poisonous to disallow en- man, they have asked me, ‘‘Isn’t that gentlewoman from Hawaii (Mrs. MINK). emies of this state access to our polit- already the current law?’’ Unfortu- Mrs. MINK of Hawaii. I thank the ical system. That is so bizarre. nately, Mr. Chairman, it is not the cur- gentleman for yielding me this time. Shame on those who advocate this. rent law. And so this amendment is Mr. Chairman, I represent well over Support this amendment. Stand up for being offered and designed to combat 100,000 individuals in my State who are America. Improve the system. foreign influence in our elections and legal residents who have come here to Mr. HOYER. Mr. Chairman, I yield in our Federal Government. make a life for their families. myself 15 seconds. The Shays-Meehan campaign regula- The Constitution was written by The CHAIRMAN pro tempore. The tions bill permits contributions from some very, very wonderful people who Committee will be in order.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.081 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H449 Mr. HOYER. The House is not in from New Jersey that every member of Mr. HOYER. Mr. Chairman, I yield 45 order, and particularly the gentleman the United States military is prohib- seconds to the gentlewoman from from Arizona is not in order. ited by law from making political con- Maryland (Mrs. MORELLA). The CHAIRMAN pro tempore. More tributions. Mrs. MORELLA. Mr. Chairman, I rise than one Member is not in order. When I was on active duty, I could in opposition to this amendment, PARLIAMENTARY INQUIRY not make political contributions. I was which would threaten the rights of mi- Mr. HAYWORTH. Parliamentary in- just as good a citizen then as I am now; norities to participate in our Nation’s quiry, Mr. Chairman. but because of the very nature of my political process. The CHAIRMAN pro tempore. The activity, I could not make such con- Just as citizens do, legal permanent residents are required to register for gentleman will state his inquiry. tributions, and I was no less of a cit- the draft. Many are veterans. It has al- Mr. HAYWORTH. Mr. Chairman, is it izen. ready been mentioned there are 20,000 appropriate for a Member of the House Mr. HOYER. Mr. Chairman, I am legal immigrants serving voluntarily to impugn the motives or the conduct proud to yield 1 minute to the gen- in the military, and that 20 percent of of another Member of the House? tleman from Texas (Mr. REYES), the the Congressional Medal of Honor re- The CHAIRMAN pro tempore. The chairman of the Hispanic Caucus. Mr. REYES. Mr. Chairman, I thank cipients in U.S. wars have been legal Chair would respond that all Members immigrants or naturalized Americans. should refrain from impugning the per- the gentleman for yielding me time. Mr. Chairman, this evening it is a Mr. Chairman, in addition to this sonal motives of other Members or en- being a poison pill amendment, it is gaging in personalities. simple situation that we are facing here in the House. Each one of you is also clearly unconstitutional. Federal The Chair would also respond that courts have held that immigrants have going to get one of these handouts this the Chair is simply attempting to the same first amendment rights as evening, and let me just read it to you. maintain order so that we can work citizens. Let us not deny them that. It says, ‘‘He saved the lives of our our way through the amendments. If Mr. HOYER. Mr. Chairman, I yield 45 the Members would cooperate, that American soldiers under fire in Viet- seconds to the distinguished gentleman nam. He received the Congressional would be helpful. from California (Mr. BECERRA). The Chair recognizes the gentleman Medal of Honor. He now heads the Mr. BECERRA. Mr. Chairman, I from Maryland (Mr. HOYER). United States Selective Service Sys- thank the gentleman for yielding me tem. Now we want to make him, and b 2315 time. others like him, guilty of an unlawful Mr. Chairman, ‘‘Hundreds of thou- Mr. HOYER. Mr. Chairman, I yield act if they contribute to your cam- sands of immigrants take the oath of myself 15 seconds. paign. citizenship every year. Each has come Mr. Chairman, tarring with a broad ‘‘Alfred Rascon, now director of the not only to take, but to give. They brush is not worthy of this House. It United States Selective Service, was a come asking for a chance to work hard, has happened before, and it has de- legal permanent resident when he support their families, and rise in the meaned the Constitution and the gen- served our country in Vietnam and world. And together they make our Na- erosity of the Statue of Liberty that earned the Congressional Medal of tion more, not less, American.’’ stands at her door. Honor.’’ Those are not my words. Those are Mr. Chairman, I yield 1 minute to the That is what it gets down to. It gets the words of George W. Bush, the Presi- distinguished gentleman from New Jer- down to fairness. It gets down to recog- dent of the United States. He said that sey (Mr. MENENDEZ). nizing that legal permanent residents while he was flanked by two individ- Mr. MENENDEZ. Mr. Chairman, it is live here, work here, pay taxes; they uals who happened to have been former obvious that xenophobia is alive and serve in the military, they earn Medals lawful permanent residents, his Sec- well in some quarters of this Chamber. of Honor, and we should be ashamed of retary of Labor, Elaine Chao, and his This is not about foreign influence. ourselves if we pass this tonight. Secretary of Housing and Urban Devel- Legal permanent residents are the sons Mr. HOYER. Mr. Chairman, I yield 45 opment, Mel Martinez, who are now and daughters, brothers and sisters, seconds to the distinguished gentleman U.S. citizens. mothers and fathers of United States from Texas (Mr. GONZALEZ), whose fa- You seek to deprive people like Sec- citizens who obeyed the rules, followed ther was a giant in this institution on retary Martinez and Secretary Chao, the laws, and now are in this country the rights of all people. and my mother, the opportunity to and live a lawful life. They fight for the Mr. GONZALEZ. Mr. Chairman, I rise participate in this process. Today we country, they die for the country, they in strong opposition. We really thought can argue on the floor of this House contribute to the Nation’s economy, this was going to be the last amend- about the freedoms of this country, and they pay taxes. ment, because we thought they would while people stand in Afghanistan to Today there are 20,000 legal perma- save the worst for last; but it is not, secure our freedom and stand at our nent residents enlisted in the Armed and we are here at this moment, and I airports to secure our freedom. Let us Forces of the United States. They are have about 30 seconds. stand with them as they stand with us. Mr. HOYER. Mr. Chairman, I yield 45 protecting our airports, our seaports, Who are you talking about? Who are seconds to the distinguished gentle- our borders. They risk their lives daily these legal permanent residents that woman from California (Ms. SOLIS). in Afghanistan and other places around you refer to? Are they faceless mem- Ms. SOLIS. Mr. Chairman, I rise also the world to protect us here at home. bers of a crowd? I will tell you who to convey my anger and disgust with And they have the right to make con- they are. They are people that are in what I have seen occur here tonight on tributions to causes and to candidates this country by choice; who have a this floor. Twenty percent of the con- they support now under the law, a greater appreciation for the freedoms stituents in my district are legal resi- right that should not be taken away of our democracy than most people dents. Twenty-five percent of them from them. that are here today simply by accident have just become U.S. citizens. If they can die for this country, sir, of birth. They contribute the blood, The message that they hear every they certainly have the right to choose sweat and tears to this country. They single day on the news is that the Re- who is going to send them there by the have as great a love as anyone that was publican Party, our friends from the political process. But they can partici- ever born here. other aisle, want them to be a part of pate by giving contributions, and that If you come to San Antonio, Texas, America. But tonight you are sending should never, ever, be taken away. you will know exactly what I am talk- them the wrong signal. You are driving Mr. WICKER. Mr. Chairman, I yield ing about. Do you want to know what a spear through their hearts, through myself 25 seconds. we are talking about tonight? I will their families, because they have Mr. Chairman, I am a veteran of the tell you. Look in the mirror. You will worked hard, they have worked law- United States Air Force. I have worn see the faces of your grandparents and fully. the uniform of my country, and I still your parents, your brothers and your My parents came here as legal immi- serve in the United States Air Force sisters and your neighbors. That is who grants to see their daughter rise to be- Reserve. And I would tell my friend we are talking about tonight. come a Member of this House. So many

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.233 pfrm03 PsN: H13PT2 H450 CONGRESSIONAL RECORD — HOUSE February 13, 2002 people are waiting for the American dian physician. She wanted to do the good points. I think there are a lot of dream. They pay taxes, they have same thing. good points that have been made by given their sons and daughters, they What is wrong with letting these peo- the Republican side, too. I also want to fight our wars. And they will continue ple exercise their rights? Nothing. remind my colleagues, because there to do that because they have a strong Mr. HOYER. Mr. Chairman, I yield 30 are a lot of new people here who have belief in our Constitution and the free- seconds to the gentlewoman from Cali- been speaking with lots of righteous in- dom that this country represents. fornia (Ms. PELOSI), the Democratic dignation about this, and I think their We cannot allow this amendment to whip. indignation is sincere, but veterans go forward. I hope that Members on the Ms. PELOSI. Mr. Chairman, I thank over there and veterans over here may other side of the aisle will agree with the distinguished gentleman for yield- remember September 14, 1999, when we me. ing me time and for his leadership on had this exact same vote on a bipar- Mr. WICKER. Mr. Chairman, I yield this important issue. tisan basis. It passed 242 to 181. I have 11⁄2 minutes to the gentleman from Mr. Chairman, I represent a district the voting list in my hand. I will be Georgia (Mr. BARR). that is so beautiful because it is so di- glad to share it with anybody. I do not Mr. BARR of Georgia. I thank the verse. Our country is every day invig- choose to embarrass anybody by read- gentleman for yielding me time. orated by the arrival of newcomers on ing names, but I can tell my colleagues Mr. Chairman, what is wrong with our shore. They bring with them their that every third name on here is a the Shays-Meehan picture? If a U.S. courage, their commitment to family Democrat. I will say this to my Repub- citizen wishes to contribute volun- values, a commitment to the academic lican colleagues: Plenty of them voted tarily money for party building, for ethic, the religious ethic, a sense of no last time. grassroots activity, to get out the vote, community, and a strong love of free- This is not a bipartisan issue. This is to educate voters, they are prohibited dom and patriotism, yes, to America. not a finger-pointing issue, and this is from seeing their money used for those I urge my colleagues to oppose this not a racist issue. If it is, we are indict- lawful legitimate laudable purposes by unfortunately mean-spirited amending a lot more than the author of this a political party at any time during a ment because it is a poison pill and be- amendment, because plenty of folks campaign and by a grassroots organiza- cause it will deprive minorities in our tion during the final stages of a cam- voted yes last time, and plenty of folks paign. Yet a noncitizen, somebody not country of a right to participate in the voted no last time in each party. I have allowed to vote in this country, can, freedom that they have so coura- it right here in my hand. So I am just saying this: As many of under Shays-Meehan, vote and influ- geously sought. ence political events in this country by Mr. HOYER. Mr. Chairman, I yield 30 my colleagues know, I can be just as making a contribution. seconds to the distinguished gentleman partisan as some of the rest of us, but Something is wrong with this pic- from Washington State (Mr. INSLEE). I am saying in this case, this is not a ture, when we are taking rights away (Mr. INSLEE asked and was given partisan issue, this is not a mean-spir- from United States citizens in Shays- permission to revise and extend his re- ited amendment. We have been down Meehan and allowing the right to vote marks.) this path before. I think we had a much to influence the political process to Mr. INSLEE. Mr. Chairman, where better debate last time, but here is a noncitizens. That is what is wrong with are the smartest people in the world copy of the results of that debate, and the picture. going? They are going to America. I will share it with anybody. Mr. WICKER. Mr. Chairman, how It is a loophole that must be plugged. b 2330 Vote for the Wicker amendment. The much time remains on each side? Physicists from Ireland, computer Wicker amendment simply stands for The CHAIRMAN pro tempore (Mr. specialists from India, folks from all the proposition, very simply, that if THORNBERRY). The gentleman from over the world are coming to this coun- 1 you cannot vote, you should not be Mississippi (Mr. WICKER) has 1 ⁄2 min- try as the mecca of democracy, and able to contribute and influence di- utes remaining; the gentleman from they are making our economy strong- 3 rectly the political process through Maryland (Mr. HOYER) has 1 ⁄4 minutes er. If my colleagues want to know what money, when you do not have the right remaining. it means, come to my district to see to vote. Mr. WICKER. Mr. Chairman, I would Mr. HOYER. Mr. Chairman, I yield what it means for Microsoft and real inquire of the gentleman from Mary- myself 15 seconds. networks to make this economy boom. land as to the amount of speakers he Mr. Chairman, The gentleman is I will just say one thing: The fellow has remaining. wrong on both points. It does not take who said Patrick Buchanan says that Mr. HOYER. Mr. Chairman, I have rights away from American citizens, this is hurting America, he is dead two, but I will take 15 seconds, and I and this bill neither gives nor takes wrong, and we ought to reject it to put will yield the balance of the time to away from rights of people who legally a stake in the heart of that attitude in the gentleman from Connecticut (Mr. live in this country. That is the law this country tonight. SHAYS). today. You seek to take it away. Mr. HOYER. Mr. Chairman, I yield 15 Mr. WICKER. Mr. Chairman, if the Mr. Chairman, I yield 30 seconds to seconds to the very distinguished gen- gentleman would go ahead with his one the gentleman from New Jersey (Mr. tleman from the State of Oregon (Mr. speaker, then I will conclude our por- PALLONE). WU), the only Member of this House tion of the debate. Mr. PALLONE. Mr. Chairman, I just born in Taiwan. Mr. HOYER. Mr. Chairman, I yield want to give two faces to the people Mr. WU. Mr. Chairman, enemy of the myself 15 seconds. First of all, let me that you would deny this right. I had State. Enemy of the State. I have not say that the information we currently one woman come into my office from heard much of this debate since hear- have is that military personnel can, in the former Soviet Union. She was in a ing those words. I think that the gen- fact, contribute. They cannot solicit, country, it was a dictatorship at the tleman from Arizona, by labeling legal but they can contribute. time, she was Jewish, she could not permanent residents of America en- Second, I would say that when we say even exercise her right to go to syna- emies of the State, by so doing has per- that I left my lamp beside the golden gogue. She was so proud of the fact she petrated a great evil and consigned door, it means that you are welcome. could come in my office, she could that perspective, I hope, to the dust And when we say to somebody, you are make phone calls, she could do mail- heap of history. a legal permanent resident and you can ings and make a little contribution, I Mr. WICKER. Mr. Chairman, I yield 1 pay taxes and serve in the service, it think it was $25. minute and 10 seconds to the gen- means not only are you welcome, but She was so proud of that fact. She tleman from Georgia (Mr. KINGSTON). you can participate. Let us not shut could not vote yet because she was ap- Mr. KINGSTON. Mr. Chairman, I that golden door tonight. plying to be a citizen, but she wanted thank the gentleman for yielding. Mr. Chairman, I retain the balance of to participate in the process. I want to say that I am conflicted by my time. I had another woman who was a doc- this. I want to say to my friends on the Mr. WICKER. Mr. Chairman, I yield tor at the local emergency room, an In- Democrat side, they have made a lot of myself such time as I may consume.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.226 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H451 Mr. Chairman, I thank the gentleman There is nothing in this Constitution that Knollenberg Peterson (PA) Smith (MI) from Maryland, who is my friend, for says that the protections of the Bill of Rights Largent Petri Smith (NJ) Latham Pickering Smith (TX) the tone of his remarks, and I would extend only to United States citizens. Lewis (CA) Pitts Stearns assure him that when I was a member Throughout it there is reference to people, not Lewis (KY) Pryce (OH) Stump of the United States Air Force, it may just citizens. There have been court decisions Linder Putnam Sununu Lucas (OK) Radanovich Tancredo have been by statute, it may have been time and time again that have extended the Manzullo Rehberg by regulation, but members of the serv- Tauzin protections of the Constitution to all persons McCrery Reynolds Taylor (MS) McHugh Rogers (KY) ice were prohibited from making con- living within the United States. Taylor (NC) McInnis Rogers (MI) tributions, and we were still good citi- Thomas We have had a great problem in the Con- McKeon Rohrabacher zens. gress making a distinction between illegal resi- Mica Royce Tiahrt Mr. Chairman, I regret the tone that dents and legal permanent residents. Legal Miller, Dan Ryun (KS) Tiberi Toomey this debate has taken tonight. I am permanent residents have gone through all the Miller, Gary Saxton looking out at the faces of my col- Miller, Jeff Schaffer Upton processes. They have spent years to even Myrick Schrock Vitter leagues. I know them, they know me. I come to the United States. They have come Nethercutt Sensenbrenner Walden would hope they would not impugn a here with the purpose of being lawful, partici- Ney Sessions Watkins (OK) racist motive to an amendment that I pating people in this great democracy. They Northup Shadegg Watts (OK) have offered on several occasions in Norwood Shaw Weldon (FL) play important civic roles and pay federal, Nussle Sherwood Whitfield this body and has been adopted over- state and local taxes. They serve in the mili- Ose Shimkus Wicker whelmingly on a bipartisan basis. tary and are deeply affected by political deci- Otter Shuster Wilson (SC) This is an issue of foreign campaign Oxley Simpson Young (AK) sions. Pence Skeen influence, and I regret that tonight Nearly 20,000 legal permanent residents are there have been attempts to turn it now serving voluntarily in the military and NOES—268 into a minority issue or a racial issue, playing key roles in our nation’s defense or an immigration issue, because it Abercrombie Etheridge Lewis (GA) against terrorism. Moreover, more than 20 Ackerman Evans Lipinski most certainly is not. It is about the percent of the Congressional Medal of Honor Allen Farr LoBiondo fact that really and truly, abuses have Andrews Fattah Lofgren recipients in our nation’s wars have been legal occurred, and this legislation has been Baca Ferguson Lowey immigrants, many of whom later became citi- Baird Filner Lucas (KY) adopted by this body three times al- zens of this country. Baldacci Fletcher Luther ready to address those abuses. It sim- Baldwin Foley Lynch Why are we afraid of these legal residents? ply makes the statement and would Barcia Ford Maloney (CT) We should not be. We should be welcoming make the statement in the form of the Barrett Frank Maloney (NY) them as participants in this democracy. Bass Frelinghuysen Markey Shays-Meehan bill that the election of Let us not make a mockery of our Bill of Becerra Frost Mascara Federal officials is the duty of United Bentsen Ganske Matheson States citizens, and that is all the Rights, of our Constitution, and adopt an Berkley Gephardt Matsui amendment does. amendment that says we will let you live in Berman Gilchrest McCarthy (MO) our country, but we will not allow you to par- Berry Gilman McCarthy (NY) I urge the adoption of the amend- Bishop Gonzalez McCollum ment. ticipate. Blagojevich Gordon McDermott Mr. HOYER. Mr. Chairman, for the Do not disgrace the Constitution by sup- Blumenauer Granger McGovern purposes of closing debate on this im- porting this kind of amendment. Boehlert Green (TX) McIntyre The CHAIRMAN pro tempore. All Bonilla Greenwood McKinney portant amendment, I yield the re- Bonior Gutierrez McNulty maining time to the cosponsor of this time for debate has expired. Borski Hall (OH) Meehan legislation, the distinguished gen- The question is on the amendment Boswell Hall (TX) Meek (FL) offered by the gentleman from Mis- Boucher Harman Meeks (NY) tleman from Connecticut (Mr. SHAYS). Boyd Hastings (FL) Menendez Mr. SHAYS. Mr. Chairman, I thank sissippi (Mr. WICKER). Brady (PA) Hill Millender- the gentleman for yielding me this The question was taken; and the Brown (FL) Hilliard McDonald time. Chairman pro tempore announced that Brown (OH) Hinchey Miller, George I had fainted unless I believed to see the noes appeared to have it. Bryant Hinojosa Mink Burton Hoeffel Mollohan the goodness of the Lord in the land of RECORDED VOTE Capito Holt Moore the living, and I see this goodness in Mr. WICKER. Mr. Chairman, I de- Capps Honda Moran (KS) this House, and I see a little anger, and Capuano Hooley Moran (VA) mand a recorded vote. Cardin Horn Morella I see little charges. My wife and I got A recorded vote was ordered. Carson (IN) Houghton Murtha to serve in the Peace Corps. It was the The vote was taken by electronic de- Carson (OK) Hoyer Nadler best 2 years of our lives, serving in an- vice, and there were—ayes 160, noes 268, Castle Inslee Napolitano other country and learning another Clay Israel Neal not voting 6, as follows: Clayton Issa Oberstar culture. [Roll No. 30] Clement Jackson (IL) Obey George Bush gets it. He would oppose Clyburn Jackson-Lee Olver AYES—160 this amendment. He knows we live in a Condit (TX) Ortiz pluralistic society, and he knows our Aderholt Combest Green (WI) Conyers Jefferson Osborne Akin Cooksey Grucci Costello John Owens party is not pluralistic. Look at us. We Armey Cox Gutknecht Coyne Johnson (CT) Pallone are good people, but we do not look Bachus Crane Hansen Cramer Johnson (IL) Pascrell like that, and some day my hope, some Baker Crenshaw Hart Crowley Johnson, E. B. Pastor day my hope is that we will look like Ballenger Culberson Hastings (WA) Cummings Jones (OH) Paul Barr Cunningham Hayes Davis (CA) Kanjorski Payne that, but amendments like this make Bartlett Davis, Jo Ann Hayworth Davis (FL) Kaptur Pelosi it very difficult for people of other cul- Barton Deal Hefley Davis (IL) Kennedy (RI) Peterson (MN) tures to want to be a part of our party. Bereuter DeLay Herger Davis, Tom Kildee Phelps This amendment passed in the past Biggert DeMint Hilleary DeFazio Kilpatrick Platts Bilirakis Doolittle Hobson DeGette Kind (WI) Pombo because we confused foreign nationals Blunt Duncan Hoekstra Delahunt King (NY) Pomeroy and the soft money they gave to legal Boehner Dunn Holden DeLauro Kirk Portman permanent residents who were giving Bono Ehrlich Hostettler Deutsch Kleczka Price (NC) Boozman Everett Hulshof Diaz-Balart Kolbe Quinn legal contributions, and we got caught Brown (SC) Flake Hunter Dicks Kucinich Rahall up in all of that soft money given by Burr Forbes Hyde Dingell LaFalce Ramstad foreign nationals. This is not about for- Buyer Fossella Isakson Doggett LaHood Rangel eign nationals. It is about legal perma- Callahan Gallegly Istook Dooley Lampson Regula Calvert Gekas Jenkins Doyle Langevin Reyes nent residents being allowed to partici- Camp Gibbons Johnson, Sam Dreier Lantos Rivers pate in our government. Cannon Gillmor Jones (NC) Edwards Larsen (WA) Rodriguez Mr. WU. Mr. Chairman, this amendment is Cantor Goode Keller Ehlers Larson (CT) Roemer more than a poison pill to campaign finance Chabot Goodlatte Kelly Emerson LaTourette Ros-Lehtinen Chambliss Goss Kennedy (MN) Engel Leach Ross reform; it is a poison pill to our Constitution— Coble Graham Kerns English Lee Rothman to our civil rights. Collins Graves Kingston Eshoo Levin Roybal-Allard

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.235 pfrm03 PsN: H13PT2 H452 CONGRESSIONAL RECORD — HOUSE February 13, 2002 Rush Solis Udall (CO) matches the reality. And I am doing posed language would allow national Ryan (WI) Souder Udall (NM) Sabo Spratt Velazquez just that by introducing an amendment party or committee to borrow hard dol- Sanchez Stark Visclosky that reverses a slick attempt to manip- lars, spend those dollars in the upcom- Sanders Stenholm Walsh ulate existing law and which will end ing election, and then use the remain- Sandlin Strickland Wamp soft money now rather than election ing soft dollars to repay that debt. Sawyer Stupak Waters Schakowsky Sweeney Watson (CA) day. By enacting this amendment, soft With this kind of creative book- Schiff Tanner Watt (NC) money will be banned tomorrow, Val- keeping on the part of the Shays-Mee- Scott Tauscher Waxman entine’s Day; and that is fitting be- han supporters, I cannot help but won- Serrano Terry Weiner cause it would put an end to sweet- der if Arthur Andersen helped draft it. Shays Thompson (CA) Weldon (PA) Mr. Chairman, Webster’s defines re- Sherman Thompson (MS) Weller heart deals being advanced by many of Shows Thornberry Wexler the supporters of Shays-Meehan. form as to amend or improve by change Simmons Thune Wilson (NM) of form or removal of faults or abuses. Skelton Thurman Wolf b 0000 Without this amendment, there will Slaughter Tierney Woolsey Smith (WA) Towns Wu I can certainly see why my col- not be reform because we do not re- Snyder Turner Wynn leagues on the other side of the aisle do move faults or abuses. In fact, this bill not want to end soft money now. They allows manipulation and subversion NOT VOTING—6 want a grace period that will allow and gives preferential treatment and Brady (TX) Riley Traficant Cubin Roukema Young (FL) them to spend tens of millions of dol- sweetheart deals to many of those who lars in soft money this year. claim today that the system was b 2355 Just take a look at last year, where fraught with those very vices. Mr. BALLENGER and Mr. nearly 54 percent of all contributions Frankly, I do not see how making an CUNNINGHAM changed their vote to Democrat committees were soft exception to allow the Democratic Na- from ‘‘no’’ to ‘‘aye.’’ money contributions, compared to only tional Committee to manipulate a $40 So the amendment was rejected. 35 percent for Republican committees; million soft-money account to help The result of the vote was announced and I can see why they may not want fund campaigns this year is reform by as above recorded. to close the loophole that would allow any definition, especially when they The CHAIRMAN pro tempore (Mr. them to use a $40 million soft money would be prevented from doing so under the current law that we stand THORNBERRY). Pursuant to the order of building fund as collateral for hard- the House of Tuesday, February 12, money dollars they could use in this under today. I do not see how allowing parties to 2002, it is now in order to consider an year’s campaigns. pay back hard-money campaign ex- amendment by the gentleman from If we do not approve this amendment, penditures with millions of dollars in Texas (Mr. ARMEY). not only will it fail to do what Shays- Meehan originally intended to accom- soft money represents a ban by any AMENDMENT NO. 29 OFFERED BY MR. REYNOLDS plish, we would allow a perversion of stretch of anyone’s imagination. Mr. REYNOLDS. Mr. Chairman, I current law restricting the use of soft A few months ago, the chief sponsor offer an amendment as the designee of money. of this measure said, and I quote, the gentleman from Texas (Mr. Without this amendment, we would ‘‘There is no reason to delay the de- ARMEY). actually weaken current law, think mise of this indefensible soft money THE CHAIRMAN pro tempore. The about that, weaken current law by al- system,’’ end quote. CHRISTOPHER Clerk will designate the amendment. SHAYS, May 1, 2001. lowing national political parties to The text of the amendment is as fol- If soft money donations to national borrow hard money and repay it with lows: parties are as evil and corrosive as soft money. Shays-Meehan proponents proclaim, Amendment No. 29 offered by Mr. REY- That is right, according to the com- NOLDS: then they should be stopped imme- missioners of the Federal Election Amend section 402 to read as follows: diately. I realize that Shays-Meehan Commission, and I am reading ver- SEC. 402. EFFECTIVE DATE. today, in its fourth incarnation, is not batim, the transition rule allowing na- (a) IN GENERAL.—Except as otherwise pro- the Shays-Meehan that was first intro- vided in this Act, this Act and the amend- tional party committees to spend soft duced. In fact, these two bills have ments made by this Act shall take effect money between November 6, 2002, and about as much in common as a Ford February 14, 2002. January 1, 2003, does not prohibit the Escort and a Ford Explorer. It is the (b) TRANSITION RULE FOR SPENDING OF use of soft money to pay debts related same manufacturer, the same brand FUNDS BY NATIONAL PARTIES.—If a national to Federal elections. name, but completely different vehi- committee of a political party described in It is clear that this Congress would section 323(a)(1) of the Federal Election Cam- cles. Worse, it weakens existing laws weaken existing law because, and I am that Shays-Meehan supporters claim paign Act of 1971 (as added by section 101(a)), again citing FEC officials, the proposed including any person who is subject to such are already too lax. section, has received funds described in such bill effectively invalidates the Federal To my colleagues on the other side of section prior to the effective date described Election Commission’s soft-money al- the aisle who support Shays-Meehan, I in subsection (a) which remain unexpended location regulations. ask only that they demonstrate that as of such date, the committee shall return That is just one opinion. So let us they believe in what they told the the funds on a pro rata basis to the persons hear another. American people today, by really, truly who provided the funds to the committee. According to Common Cause lawyer banning soft money and banning it The CHAIRMAN pro tempore. Pursu- Trevor Potter, former counsel to Sen- now. ant to section 3 of House Resolution ator JOHN MCCAIN, the national parties To my colleagues on this side of the 334, the gentleman from New York (Mr. may spend excess soft money to pay off aisle who support Shays-Meehan, I ask REYNOLDS) and the gentleman from any outstanding debts, noting that the only for fairness and that they level Florida (Mr. DAVIS) each will control 10 tax provides that soft money could be the playing field by making this an minutes. used to retire outstanding debts, in- honest soft-money ban rather than cre- The Chair recognizes the gentleman curred solely in an election occurring ating special exemptions and special from New York (Mr. REYNOLDS). by November 5, 2002. It does not make deals for the other party. (Mr. REYNOLDS asked and was reference to contributions or expendi- Mr. Chairman, if we are going to end given permission to revise and extend tures or non-Federal, joint or allocated soft money, then let us end it once and his remarks.) activities. for all. Let us end it now, not months Mr. REYNOLDS. Mr. Chairman, I Yet another opinion from election from now, when it is more politically yield myself such time as I may con- law expert Benjamin Ginsberg of Pat- convenient. If we are going to stop sume. ton Boggs: The lack of specificity in using soft money in campaigns, then Mr. Chairman, throughout this day I the language means that a portion of let us make sure it is stopped in every have listened to many of my colleagues hard dollar debt or obligations could be campaign. rail on the evils of soft money. That is paid with soft money. As a practical Without this amendment, the sup- why it is time to ensure the rhetoric matter, the plain wording of the pro- porters of Shays-Meehan are saying

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.083 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H453 that while soft money may be bad, it is happens to be the party that is rel- colleagues voted for Shays-Meehan, not bad enough to ban right here, right atively low on hard money these days, how can they possibly now go to the now. There is a word for that, Mr. has an ample reserve of soft money. people and say yes I voted for this and Chairman, and it is hypocrisy. This is a very cynical feature of this I then voted to make it take effect im- I urge approval of the amendment. bill, and I commend the gentleman mediately 3 weeks before the primaries Mr. Chairman, I reserve the balance from New York (Mr. REYNOLDS) for of- in which the rules have already been of my time. fering the amendment that would cor- under the other way? Then it has got Mr. DAVIS of Florida. Mr. Chairman, rect it. to go to the Senate and be signed by I yield 2 minutes to the gentleman The CHAIRMAN pro tempore (Mr. the President. from Maryland (Mr. HOYER), the distin- THORNBERRY). The gentleman from I hope this amendment is defeated guished ranking member. New York (Mr. REYNOLDS) has 21⁄2 min- and we will correct that error in the re- Mr. HOYER. Mr. Chairman, I was not utes remaining. The gentleman from commit. going to speak on this amendment, but Florida (Mr. DAVIS) has 81⁄2 minutes re- Mr. REYNOLDS. Mr. Chairman, I the gentleman from New York (Mr. maining. yield myself such time as I may con- REYNOLDS), my good friend, mentioned Mr. DAVIS of Florida. Mr. Chairman, sume. hypocrisy. It is an interesting word. I ask unanimous consent that the gen- My colleagues keep getting confused We stand here with an amendment tleman from Connecticut (Mr. SHAYS) between hard and soft money. Last I that says we ought to have a ban on control 3 minutes of the time allocated knew a primary was won on hard soft money tomorrow, today. Today is to me and have the ability to yield money, not using soft money. I also tomorrow, my friend from Massachu- time. recollect that basically on some of the setts tells me. What a wonderful propo- The CHAIRMAN pro tempore. Is ambitions of some of the Members of sition, from the party whose President there objection to the request of the the other side of the aisle they killed George Bush, the first, in 1991 vetoed gentleman from Florida? the bill the last time we had it in July, campaign finance reform, an amend- There was no objection. when we did not pass the rule, which I ment that says let us do it today from Mr. DAVIS of Florida. Mr. Chairman, managed on this very floor. the party that for 10 years has delayed I yield 2 minutes to the distinguished Mr. Chairman, I yield 2 minutes to the adoption of campaign finance re- gentleman from Massachusetts (Mr. the gentleman from Arizona (Mr. SHAD- form. FRANK). EGG). My, my, my. Now with the practi- Mr. FRANK. Mr. Chairman, first let Mr. SHADEGG. Mr. Chairman, I cality of implementing an entire new us talk about the time. Yes, if this bill thank the gentleman from New York program, that cannot possibly be done had come up in a timely fashion last (Mr. REYNOLDS) for yielding me the in the time frame set forth, designed, year, it would have been effective for time. therefore, to kill this bill, is put for- this cycle. The amendment purports to I spent almost a decade of my life ward. My, my, my. I say yes, hypocrisy say let us put it into effect right away. doing campaign finance law before is an interesting word. Seventy House seats will be decided being elected to the United States Con- Mr. REYNOLDS. Mr. Chairman, I in primary in 3 weeks. The States of gress, and in that tenure I never ad- yield myself such time as I may con- California and Illinois between them vised a Republican Secretary of State, sume. have more than 70 House seats. The but I did advise two different Democrat It gets down to the bottom line we primaries are in 3 weeks. Members can Secretaries of State, and I want to are not going to hide from this vote differ about a lot of this bill, but it is focus on this language because I think anymore. We are going to have a vote simply not logically possible to argue it does matter. tonight. The Democratic majority had that they are for this bill and are going I am glad that the gentleman from 40 years to bring about true campaign to have it go into effect 3 weeks before Massachusetts (Mr. FRANK), my col- reform. It is going to be passed by Re- primary which have been conducted league, has acknowledged that we are publican votes tonight. I only can ask heretofore under the old rule. That is going to correct or they claim they are for a level playing field. I ask that we just not arguable, and to have someone going to correct this flaw, but all day ban it right now, right here, February say I am for the bill but I want to long they have been saying it was not 14, reform. make it take effect right away and a flaw. Indeed, this morning, the heat Mr. Chairman, I yield 1 minute to the then call me a hypocrite is like being of debate, oh no, this language is per- gentleman from Pennsylvania (Mr. called silly by the Three Stooges. It fect, we would never do such a thing. TOOMEY). simply does not make any sense. I want to walk us through the lan- Mr. TOOMEY. Mr. Chairman, I thank One cannot purport to be for this bill guage. I began today by calling the the gentleman from New York (Mr. and say that they are now going to put lawyer who replaced me as the adviser REYNOLDS) for yielding me the time, it into effect 3 weeks before 70-some- of the Arizona Secretary of State, and and I rise in strong support of this odd primaries. I faxed her the language and said does amendment, the reason being that this The other point that the gentleman this language allow soft money to be amendment would simply correct what raised has some validity. There is some used to repay a debt for dollars that is probably the most egregious, perhaps ambiguity in the bill; and as Members were spent as hard dollars? She re- even the most cynical flaw in this know, it will be corrected in a recom- viewed the language and in a phone badly flawed bill. And the flaw is sim- mit. To the extent that there is an un- conversation said to me, clearly, it ply this: the Shays-Meehan bill allows intentional ambiguity that would does, there is no question about that. a party to go out and borrow money allow a hard-money, soft-money trans- Tonight we hear that in a last now, spend it in the upcoming election fer, the recommit will ban that. I un- minute motion to recommit we are as though it were hard money, and derstand that there is no worse news to going to correct an error that they de- then repay the loan with the soft give people who have found a flaw in nied all day. I guess my question is, money that the bill is supposed to ban. something they hate than to plan to how many other errors are there? The fact is the Shays-Meehan bill has a correct a flaw. I apologize. Maybe they It is interesting to me. I guess the money laundering provision, a provi- should have held that they tortured gentleman from Massachusetts (Mr. sion that allows them to convert from the language or did not torture the lan- FRANK) now says that the two letters soft to hard money. guage, they came up with an ambi- that were produced today saying this Soft money is supposed to be this guity. defect is not here, in fact, are wrong egregious evil. The bill allows the par- The two sponsors of the bill are going themselves. I am glad he concedes that. ties to go out and raise it and then con- to put an end to that ambiguity. I un- As a matter of fact, the first of those vert it and use it for a broader purpose, derstand why they want to talk about two letters says it is clear that under basically enhance its value, spend it as it now. It is about to disappear, and current Federal election law only hard though it were hard money; and how they will miss it, I understand, because money can be used to pay off a loan convenient this is that the party that it will take away from them that argu- where the money was used as hard overwhelmingly supports this bill just ment. So the fact is very simple. If my money. Well, yes, that is the law now

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.240 pfrm03 PsN: H13PT2 H454 CONGRESSIONAL RECORD — HOUSE February 13, 2002 but we changed the law, and he says there is no doubt in the mind of the Mr. DAVIS of Florida. Mr. Chairman, under section 402(b), language that I President. I yield 1 minute to the gentleman from guess the gentleman from Massachu- Mr. Chairman, I reserve the balance New Jersey (Mr. HOLT). setts (Mr. FRANK) now disagrees with, of my time. Mr. HOLT. Mr. Chairman, I thank that soft money can only be used to Mr. DAVIS of Florida. Mr. Chairman, the gentleman for yielding me this pay off soft-money expenditures. I yield 2 minutes to the gentleman time. Except that is clearly not true, if my from California (Mr. SHERMAN). There has been a steady stream of colleagues read the language; and in- (Mr. SHERMAN asked and was given amendments today intended to kill terestingly, neither of the letters of permission to revise and extend his re- campaign finance reform. This is the those who propose this language offers marks.) latest one, and I am sure voters will a single citation to a single case mak- Mr. SHERMAN. Mr. Chairman, last look at how Members vote on final pas- ing the point, nor do they point to any week there was discussion as to what sage to see if they really want this to sentence in the bill itself; but my col- the effective date should be, and the take effect, those who say they want it leagues do not have to be a lawyer. All gentleman from Connecticut describes to take effect immediately. they have to do is read the bill. It is his thought process. It might have been I want to make sure that we do not plain language. reasonable to have an effective date as lose perspective, as my colleagues talk early as the date of enactment, the about everything that is wrong with b 0015 date the President signs the bill. this. This is a bill that creates possi- Mr. SHAYS. Mr. Chairman, I yield Maybe it would have been reasonable bilities. This is a first and necessary myself such time as I may consume. to have it 30 days or 60 days thereafter. step to restore a sense of the possi- We have three amendments, and that The most reasonable outcome is to bility of self-government to workers, to is it, and I cannot predict the outcome make it effective for the next election. families, to college students, to farm- of any of the three. But we have really But all of those alternatives would be ers. two issues that are in play right now. reasonable approaches. When I arrived here in Washington, One of them is the issue of the delay to What is clearly unreasonable is to the first day I took the oath of office, the start of the next campaign season, make this bill effective today, before I sat down with the gentleman from November 6, and the other is soft the Senate acts, before the President Connecticut (Mr. SHAYS) and the gen- money. acts. Not only is that impractical, it is tleman from Massachusetts (Mr. MEE- In regards to the issue of delay, we clearly unconstitutional. Article 1, sec- HAN) to enlist in this effort because it thought that after 16 months already tion 9, clause 3 tells this House not to was apparent it is necessary to restore into this, whether we can blame one pass an ex post facto law. Yet this bill trust in government. side or the other, we are here now and imposes criminal penalties on acts If the people of America do not have not in July or January of last year. We taken tomorrow, which are legal to- the trust in their ability to run their are 16 months into a 24-month election morrow, but which would become government, not special interests, but cycle, and by the time this bill be- retroactively illegal when the Presi- ordinary people, then America’s gift to comes law, if it does become law, it is dent signs this bill. the world, this idea of self-government, 2 or 3 or 4 months from now, and then Tomorrow soft money will be used will start to disintegrate. we only have 4 months. for issue ads naming candidates on the Mr. REYNOLDS. Mr. Chairman, I So I was asked, and others, does it March 5 ballot in the primary in Cali- yield myself the balance of my time. make sense to have this bill take effect fornia and other early March primaries I have listened to whether this has now, and the answer was it really does around this country. These ads were constitutional questions. This bill is not. And I have spoken to some Mem- legal yesterday. They will be legal to- riddled with constitutional questions. bers here who say the same thing. They morrow. They will become illegal when Even the sponsors have said some of it know it. People on my own side of the the President signs this bill. And if will be thrown out by the courts. aisle know it does not make sense to they become retroactively illegal, then But I do know this: Without this have it take effect today unless we people can be put in jail for doing amendment the supporters of Shays- want to kill the bill. things which were legal at the time Meehan are saying that while soft Now, on the issue of the soft money, they did them. Our Founding Fathers money may be bad, it is not bad I have been in pain all day, because the made it clear that this Congress should enough to ban right here right now. one thing that I do not want is there to never pass such a criminal statute. We There is a word for that, Mr. Chairman. be any ambiguity for any Member have passed retroactive tax laws pro- It is hypocrisy. about any question of this bill. And the viding benefits, but never have we Con- I urge approval of the amendment, gentleman from Arizona (Mr. SHADEGG) stitutionally passed a retroactive bill and I will ask for a recorded vote. was the final straw. He was the final imposing new criminal penalties. We Mr. DAVIS of Florida. Mr. Chairman, straw. I believe he believes so strongly cannot adopt an ex post facto bill, nor I yield myself the balance of my time. about this, and I believe he has influ- should we. Mr. Chairman, this is a very impor- ence over other Members, and so the This amendment is not a good faith tant amendment. It has the potential motion to recommit is going to make effort to insulate the 2002 elections to derail the bill. We have seen through it clear that there cannot be any soft from soft money. It is, instead, an act that masquerade all night. I think the money used for hard money expenses. designed to kill the bill, and in doing House deserves a substantive debate on Now, the question my side of the so it violates the Constitution. Let us the merits, and we have had it, except aisle will have to answer is are they vote ‘‘no’’ on this amendment. we have not even had an attempt by going to vote for a motion on the other The CHAIRMAN pro tempore (Mr. the sponsor of the amendment to re- side to take care of a problem they THORNBERRY). The gentleman from spond to two of the most important want to take care of? And that is going New York (Mr. REYNOLDS) has 15 sec- points made here. to be real curious. Are my colleagues onds remaining, the gentleman from We all understand when we are pass- going to do it, or is it all rhetoric? We Connecticut (Mr. SHAYS) has 30 seconds ing blatant unconstitutional bills. No- are going to solve the problem about remaining, and the gentleman from body needs a law degree to recognize this issue in a motion to recommit, and Florida (Mr. DAVIS) has 11⁄2 minutes re- that. There was not even an attempt to I hope my colleagues will support it be- maining and the right to close. respond to the argument by the gen- cause it will take care of the problem Mr. REYNOLDS. Mr. Chairman, I re- tleman from California (Mr. SHERMAN) of the feeling of ambiguity. serve the balance of my time. that we are criminalizing behavior that In my sense there is not a problem Mr. SHAYS. Mr. Chairman, I yield is currently legal. There has been no with it, but we want to make sure the balance of my time to the gen- attempt to respond to the point that it there is no doubt. And the other reason tleman from Florida (Mr. DAVIS). is terribly impractical for us to even be we want to make sure there is no doubt The CHAIRMAN pro tempore. The thinking about passing a bill that is is the President has expressed concern gentleman from Florida (Mr. DAVIS) supposed to take effect today when we about this, and we need to make sure has 2 minutes remaining. all know rules have to be developed and

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.242 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H455 that the President has not even NOES—238 2002, it is now in order to consider an weighed in on this bill. Abercrombie Hall (TX) Murtha amendment by the gentleman from This has been a very good debate. It Ackerman Harman Nadler Texas (Mr. ARMEY). Allen Hastings (FL) Napolitano has exposed this amendment for what Andrews Hill Neal AMENDMENT NO. 25 OFFERED BY MR. KINGSTON it is. It is a thinly veiled attempt to Baca Hilliard Oberstar Mr. KINGSTON. Mr. Chairman, I sabotage a bill that is demonstrating a Bachus Hinchey Obey offer an amendment as the designee of lot of courage on the Republican side of Baird Hinojosa Olver Baldacci Hoeffel Ortiz the majority leader. the aisle for true reform, matching the Baldwin Holden Owens The CHAIRMAN pro tempore. The efforts of the Democrats have been Barcia Holt Pallone Clerk will designate the amendment. Barrett Honda Pascrell leading for years. Let us defeat this The text of the amendment is as fol- amendment and pass this bill tonight. Bass Hooley Pastor Becerra Horn Paul lows: The CHAIRMAN pro tempore. The Bentsen Houghton Payne question is on the amendment offered Berkley Hoyer Pelosi Amendment No. 25 offered by Mr. KING- STON: by the gentleman from New York (Mr. Berman Hulshof Peterson (MN) Berry Inslee Petri Amend section 301(20) of the Federal Elec- REYNOLDS). Bishop Israel Phelps tion Campaign Act of 1971, as proposed to be The question was taken; and the Blagojevich Jackson (IL) Platts added by section 101(a) of the bill, to read as Chairman pro tempore announced that Blumenauer Jackson-Lee Pomeroy follows: Boehlert (TX) Price (NC) the noes appeared to have it. Bonior Jefferson Quinn ‘‘(20) FEDERAL ELECTION ACTIVITY.— RECORDED VOTE Borski John Rahall ‘‘(A) IN GENERAL.—The term ‘Federal elec- Mr. REYNOLDS. Mr. Chairman, I de- Boswell Johnson (CT) Ramstad tion activity’ means— Boucher Johnson (IL) Rangel ‘‘(i) voter registration activity during the mand a recorded vote. Boyd Johnson, E. B. Reyes period that begins on the date that is 120 A recorded vote was ordered. Brady (PA) Jones (OH) Rivers days before the date a regularly scheduled The vote was taken by electronic de- Brown (FL) Kanjorski Rodriguez Federal election is held and ends on the date Brown (OH) Kaptur Roemer vice, and there were—ayes 190, noes 238, Capps Kennedy (RI) Ross of the election; not voting 7, as follows: Capuano Kildee Rothman ‘‘(ii) voter identification, get-out-the-vote [Roll No. 31] Cardin Kilpatrick Roybal-Allard activity, or generic campaign activity con- Carson (IN) Kind (WI) Rush ducted in connection with an election in AYES—190 Carson (OK) Kirk Sabo which a candidate for Federal office appears Aderholt Goode Pickering Castle Kleczka Sanchez on the ballot (regardless of whether a can- Akin Goodlatte Pitts Clay Kucinich Sanders didate for State or local office also appears Clayton LaFalce Sandlin Armey Goss Pombo on the ballot); Baker Granger Portman Clement Lampson Sawyer Ballenger Graves Clyburn Langevin Schakowsky ‘‘(iii) a public communication that refers Pryce (OH) to a clearly identified candidate for Federal Barr Green (WI) Putnam Condit Lantos Schiff Bartlett Grucci Radanovich Conyers Larsen (WA) Scott office (regardless of whether a candidate for Costello Larson (CT) Serrano Barton Gutknecht Regula State or local office is also mentioned or Coyne Leach Shays Bereuter Hansen Rehberg identified) and that promotes or supports a Cramer Lee Sherman Biggert Hart Reynolds candidate for that office, or attacks or op- Bilirakis Hastert Crowley Levin Shows Rogers (KY) poses a candidate for that office (regardless Blunt Hastings (WA) Cummings Lewis (GA) Simmons Rogers (MI) Boehner Hayes Davis (CA) Lipinski Skelton of whether the communication expressly ad- Rohrabacher Bonilla Hayworth Davis (FL) LoBiondo Slaughter vocates a vote for or against a candidate); or Ros-Lehtinen Bono Herger Davis (IL) Lofgren Smith (WA) ‘‘(iv) services provided during any month Boozman Hilleary Royce DeFazio Lowey Snyder by an employee of a State, district, or local Brown (SC) Hobson Ryan (WI) DeGette Lucas (KY) Solis committee of a political party who spends Ryun (KS) Bryant Hoekstra Delahunt Luther Spratt more than 25 percent of that individual’s Saxton DeLauro Lynch Stark Burton Hostettler compensated time during that month on ac- Buyer Hunter Schaffer Deutsch Maloney (CT) Stenholm Callahan Hyde Schrock Dicks Maloney (NY) Strickland tivities in connection with a Federal elec- Calvert Isakson Sensenbrenner Dingell Markey Stupak tion. Camp Issa Sessions Doggett Mascara Tanner ‘‘(B) EXCLUDED ACTIVITY.—The term ‘Fed- Cannon Istook Shadegg Dooley Matheson Tauscher eral election activity’ does not include an Cantor Jenkins Shaw Doyle Matsui Thompson (CA) amount expended or disbursed by a State, Capito Johnson, Sam Sherwood Edwards McCarthy (MO) Thompson (MS) district, or local committee of a political Engel McCarthy (NY) Thurman Chabot Jones (NC) Shimkus party for— Chambliss Keller Shuster Eshoo McCollum Tierney ‘‘(i) a public communication that refers Coble Kelly Simpson Etheridge McDermott Towns Collins Kennedy (MN) Skeen Evans McGovern Turner solely to a clearly identified candidate for Combest Kerns Smith (MI) Farr McHugh Udall (CO) State or local office, if the communication is Cooksey King (NY) Smith (NJ) Fattah McIntyre Udall (NM) not a Federal election activity described in Cox Kingston Smith (TX) Filner McKinney Upton subparagraph (A)(i) or (ii); Crane Knollenberg Souder Ford McNulty Velazquez ‘‘(ii) a contribution to a candidate for Frank Meehan Visclosky Crenshaw Kolbe Stearns State or local office, provided the contribu- Culberson LaHood Frost Meek (FL) Walsh Stump tion is not designated to pay for a Federal Cunningham Largent Sununu Gephardt Meeks (NY) Waters Gilchrest election activity described in subparagraph Davis, Jo Ann Latham Sweeney Menendez Watson (CA) Gilman Millender- Watt (NC) (A); Davis, Tom LaTourette Tancredo Gonzalez McDonald Watts (OK) Deal Lewis (CA) Tauzin ‘‘(iii) the costs of a State, district, or local Gordon Miller, George Waxman DeLay Lewis (KY) Taylor (MS) political convention; and Graham Mink Weiner DeMint Linder Taylor (NC) ‘‘(iv) the costs of grassroots campaign ma- Diaz-Balart Lucas (OK) Green (TX) Mollohan Wexler Terry terials, including buttons, bumper stickers, Doolittle Manzullo Greenwood Moore Woolsey Thomas Dreier McCrery Gutierrez Moran (VA) Wu and yard signs, that name or depict only a Thornberry Duncan McInnis Hall (OH) Morella Wynn candidate for State or local office. Thune Dunn McKeon In section 402(b), strike ‘‘At any time after Tiahrt NOT VOTING—7 Ehlers Mica such effective date, the committee may Tiberi Ehrlich Miller, Dan Brady (TX) Hefley Traficant spend such funds for activities which are Emerson Miller, Gary Toomey Burr Riley Vitter solely to defray the costs of the construction English Miller, Jeff Cubin Roukema or purchase of any office building or facil- Everett Moran (KS) Walden ity.’’ and insert the following: ‘‘At no time Ferguson Myrick Wamp b 0042 Flake Nethercutt Watkins (OK) after such effective date may the committee Fletcher Ney Weldon (FL) Ms. WOOLSEY changed her vote spend any such funds for activities to defray Foley Northup Weldon (PA) from ‘‘aye’’ to ‘‘no.’’ the costs of the construction or purchase of Forbes Norwood Weller any office building or facility.’’. Fossella Nussle Whitfield So the amendment was rejected. Frelinghuysen Osborne Wicker The result of the vote was announced The CHAIRMAN pro tempore. Pursu- Gallegly Ose Wilson (NM) as above recorded. ant to section 3 of House Resolution Ganske Otter Wilson (SC) The CHAIRMAN pro tempore (Mr. 344, the gentleman from Georgia (Mr. Gekas Oxley Wolf Gibbons Pence Young (AK) THORNBERRY). Pursuant to the order of KINGSTON) and a Member opposed each Gillmor Peterson (PA) Young (FL) the House of Tuesday, February 12, will control 10 minutes.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.246 pfrm03 PsN: H13PT2 H456 CONGRESSIONAL RECORD — HOUSE February 13, 2002 Mr. FATTAH. Mr. Chairman, I assert as you have, I am sure that would em- party has the money in the account my right to claim the time in opposi- barrass some of you, so we are going to right now to build a building. It has al- tion. take that out with this amendment. ready been pointed out that if this The CHAIRMAN pro tempore. The And that is all it does, Mr. Chairman. money is, in fact, corrupting, it would gentleman from Pennsylvania will be Mr. Chairman, I reserve the balance seem it would be corrupting for all pur- recognized for 10 minutes. of my time. poses. Money that was bad to use for The Chair recognizes the gentleman Mr. FATTAH. Mr. Chairman, I ask voter registration, money that was bad from Georgia (Mr. KINGSTON). unanimous consent to yield 3 minutes to use for party-building, money that Mr. KINGSTON. Mr. Chairman, I to the gentleman from Connecticut was bad to use to turn out the vote, yield myself such time as I may con- (Mr. SHAYS) and have him have the one would think that same money sume. ability to yield that time. would be bad to use to build a building Mr. Chairman, this is a real easy The CHAIRMAN pro tempore. Is for one of the parties. amendment. This is a fun amendment there objection to the request of the Now, I hope that the plan, and we at this time of night. Not much brain gentleman from Pennsylvania? have talked about this a lot today, but power is required on this one. Just a There was no objection. I hope the plan is not to take this fair amendment. Mr. FATTAH. Mr. Chairman, I yield building fund and use it to pay off hard If you think about it for a minute, if myself such time as I may consume. money that might be borrowed during you listen to the rhetorical montage Mr. Chairman, let me rise in opposi- the campaign, the campaign we are in we have had today, you get real con- tion to this amendment. For I guess 10 right now. Certainly it would be nice fused on who are the good guys and times tonight or today we have been collateral for a loan that then one who are the bad guys, a lot of finger confronted with any manner of amend- could turn around and pay off that pointing. But one thing you conclude is ment seeking to derail the opportunity loan. That is what at least two Com- soft money is bad; whether it is effec- for this House to join our colleagues in missioners of the FEC say that could tive this election or after it or before, the Senate and to give this President, be done with this building fund. Why today or tomorrow, soft money is bad. who committed himself to be a re- not eliminate this building fund con- Therefore, my good friends, I would former with results, an opportunity to troversy? not want to see anybody build a build- put his signature on a campaign fi- This is an area where if the parties ing with this bad soft money. It would nance reform bill. are not going to be negatively im- mean the building would be bad. It b 0050 pacted by soft money, let us be above- would mean the building would be cor- board on that; let us do the same thing rupted. It would mean from the very We have had people come at this for all party-building, including the beginning all the phone calls that were issue from every different conceivable parties building an actual building. Let made from that building would be direction. Now we have this final at- us ban soft money, let us take this out tainted. tempt. I am sure my colleague and my of the bill. It was not in the Senate Let me just say this: I want to say friend would not be willing to amend bill. It was not in the Senate bill, and there are a lot of folks over there on his amendment to have both parties ac- we have talked so much today about that side of the aisle that think we do cede ownership of any properties ever how we need to have things that are not like Democrats; and I want you to built with soft money, any television compatible. We cannot amend the bill, know, I like Democrats. I admire stations, any other facilities. This no- we cannot go to conference, we cannot Democrats. I love the audacity of some tion that somehow during this transi- do anything with this bill because the of the Democrat Party. tion period the majority would prefer Senate needs to accept it. This is a There was a story of a young man that this money be spent on campaigns wholly grown idea on this side of the who graduated from the University of attacking its members rather than to building. Georgia, went to work for Sun Trust be put towards refurbishing a party I think it ought to be eliminated Bank, one of the great Georgia institu- headquarters; this bill allows either from the bill. I encourage my col- tions. At the end of the first day of 8 party to take the extra soft money, not leagues on both sides of the aisle to hours, he went to the boss and said, spend it on campaigns, but to invest it vote for this amendment and get rid of Boss, there is an opening over at the in infrastructure as we move to ban it this soft money to be used only for this Coca-Cola Company. I would like you completely. It is not dissimilar to one purpose, only to benefit one party. to write me a letter of recommenda- other transitions and other reform Mr. FATTAH. Mr. Chairman, I yield 1 tion. measures that we have dealt with in minute to the gentleman from the The boss looked at him and said, You the past. So, Mr. Chairman, let us Commonwealth of Massachusetts (Mr. are out of your mind. You just started enjoy another what will be failed at- MEEHAN), one of the prime sponsors. here. This is your first day. You have tempt to derail this House from meet- Mr. MEEHAN. Mr. Chairman, here we barely completed 8 hours. You want me ing its date with destiny, and that is have another amendment, it is about 10 to write you a letter of recommenda- we will pass Shays-Meehan, and we will minutes of 1:00, another attempt to try tion? do it tonight. to break the fragile coalition, but let He said, Yes. Coca-Cola doesn’t have Mr. Chairman, I reserve the balance us be clear. Soft money has always opportunities that often, and I want to of my time. been available for party-building. It go work for them. Can’t you think of Mr. KINGSTON. Mr. Chairman, I has always been available for physical something good to say about me? yield 21⁄2 minutes to the gentleman buildings. And the boss got a piece of paper and from Missouri (Mr. BLUNT), the distin- Now, would not the Republicans be so said, To whom it may concern: I like guished deputy whip. lucky if we are going to enact this bill his nerve. Mr. BLUNT. Mr. Chairman, of course the day after the next election. Does I want to say this, I like your nerve. I rise in support of the amendment. I anyone really think the parties are Let me tell my friends what is in this do not know why this amendment going to commit soft money not for bill. This says you have got to get rid would derail the bill. The Senate I do television ads, but to build parties? of all your soft money 30 days after the not think had it in their bill; it was not The reality is this was put into the bill ban is completed or the new regula- in the original Shays-Meehan bill. In in July so that either party who had tions are completed, so you have until fact, under the original bill, the parties expenses relative to buildings could December, except any time after the had to get rid of all soft money in their pay them. effective date the committee may accounts beginning 30 days after enact- Now, if this bill does not go into ef- spend such funds for activities which ment. This was added, I think, at a fect until after this election, I hardly are solely to defray the cost of con- later time to really put a big loophole think that it will be an advantage to struction or purchase any office build- in this bill so that the parties could re- either party if one of the parties keeps ing. tain soft money. soft money and, rather than put them Well, I am sure most of you do not Now, this does not really affect both into 30-second spots, pays off a building know that is in there. As much nerve parties the same way, because only one with it.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.251 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H457 The reality is the soft money influ- left on November 6, they can only use ity of them, number one. Number two, ence has ballooned by 100 percent every it to build or purchase a building. clearly what this is is under the 4 years because of television ads. The Our bill makes it very clear that present system we have, I presume reason why soft money is an issue is they cannot raise any more soft money from time to time my colleagues have, because of television ads, 30-second for this or any purpose after November they may not be doing so now, raised spots. That is what we attempt to 6. money for the purposes of either eliminate, and we do. Now, my logic was, if Terry rehabing or constructing headquarters. Mr. FATTAH. Mr. Chairman, I re- McAuliffe and the Democratic side of My colleagues have a major head- serve the balance of my time. the aisle wants to use soft money to quarters. We have a headquarters. Mr. KINGSTON. Mr. Chairman, I build a building and not use it to run What the provision obviously says, if yield 30 seconds to the gentleman from against candidates, I am happy to have my colleagues have done that, as we Virginia (Mr. TOM DAVIS). them do it. That was my simple logic. have and I presume my colleagues Mr. TOM DAVIS of Virginia. Mr. I am curious as to why our side of the have, and we have that money in the Chairman, I think there is a misunder- aisle wants him to use this money only account for the purposes of building a standing on this side of the aisle over to run against us. building, we will be allowed to do that. how this money could be used if it were So that is the way my simple mind is We cannot raise more soft money, but not utilized for building money. The working, I guess, at 1 o’clock in the you will be allowed to spend that bulk of this money in both parties’ morning. I am hoping this amendment money for the purposes of completing campaign funds come from contribu- is defeated. I hope Terry McAuliffe and that project. It seems to me that we do tions from Freddie Mac and Fannie anybody else he can convince will build that in almost all legislation that we Mae. These are federally chartered or- buildings instead of running races. pass. It is fair for both sides; and while ganizations, and the only contributions Mr. TOM DAVIS of Virginia. Mr. it may seem to be a politically advan- they give parties has to be used for Chairman, will the gentleman yield? tageous argument to make, as if it is building funds. It could never be used Mr. SHAYS. I yield to the gentleman some special deal, in fact, it is a transi- under existing law for campaign ads. from Virginia. So when we say it could be or better tion provision that not only applies to Mr. TOM DAVIS of Virginia. Mr. be used, I do not think we understand our parties when we change the rules, Chairman, just to understand, building the nature of this money and the na- but applies to almost every facet of ture of the limitations that it has fund dollars are dollars that come for business, and we do it in Ways and under the law. I just wanted to clarify the most part from two organizations. Means tax bills all the time. that. This money has to be used for Those monies cannot be used for ads. So I suggest that we defeat this building under current law. Unless we They can only be used for buildings. If amendment and move on with the sub- change this on motion to recommit, we this money does not fail, before No- stance of this legislation. would be allowing it to pay off a soft vember 5, both party committees would Mr. KINGSTON. Mr. Chairman, how dollar debt. have to use that money to buy build- much time is remaining? Mr. FATTAH. Mr. Chairman, I yield ings or equipment. That is the way it The CHAIRMAN pro tempore (Mr. myself such time as I may consume. would work. But they could not be used THORNBERRY). The gentleman from I am glad that the gentleman seeks in ads; I just wanted to clarify that. Georgia (Mr. KINGSTON) has 41⁄2 minutes remaining. The gentleman from Penn- to clarify, because much of what has b 0100 happened by those who are opponents sylvania (Mr. FATTAH) has 23⁄4 minutes Mr. SHAYS. Mr. Chairman, I yield to this bill today has been an attempt remaining. The gentleman from Con- myself such time as I may consume. to misinform; all the way from the necticut (Mr. SHAYS) has 15 seconds re- I have looked at the latest FEC re- White House press room to the floor of maining. port and what we have down in the the House, an attempt to misinform Mr. KINGSTON. Mr. Chairman, I building fund for the RNC is $1.8 mil- people about the intent of this bill. yield 1 minute to the gentleman from But a bipartisan majority has found lion and the DNC is $3.2 million. Pennsylvania (Mr. WELDON). its way through every single one of Now, I will acknowledge to my col- (Mr. WELDON of Pennsylvania asked these amendments, and we are going to league, again, the gentleman from Ari- and was given permission to revise and continue to do so. zona, he has asked, well, there is this extend his remarks.) Mr. Chairman, I reserve the balance talk of $40 million. I am trying to nail Mr. WELDON of Pennsylvania. Mr. of my time. down where $40 million comes from, Chairman, I thank my colleague for The CHAIRMAN pro tempore (Mr. but I look at the FEC report and this is yielding me time. THORNBERRY). The gentleman from what I see. So then what they would I am confused and I am troubled. I Georgia (Mr. KINGSTON) has 41⁄2 minutes have to be doing is they would have to have supported Shays-Meehan, and I remaining; the gentleman from Con- be raising money right now for soft have opposed almost all of the amend- necticut (Mr. SHAYS) has 3 minutes re- money for a building instead of spend- ments because I have been told this is maining; the gentleman from Pennsyl- ing it on a campaign. a very carefully crafted compromise. vania (Mr. FATTAH) has 4 minutes re- Now, I do not know if there is some Now I find out late last night we have maining. $40 million that does not show up in put this provision in at somebody’s re- Mr. SHAYS. Mr. Chairman, I yield the FEC. I stand ready to comment on quest that was not in the Senate bill. myself such time as I may consume. it, but that is what we have got. Unless somebody can tell me that is I am getting a little concerned be- Mr. Chairman, I reserve the balance wrong, I would ask my colleagues to cause some people are getting a little of my time. say. My side says it was added in and it cocky here, and we have two amend- Mr. FATTAH. Mr. Chairman, I yield 1 was not in the Senate bill. ments to go, and I cannot tell my col- minute and 15 seconds to the gen- Mr. HOYER. Mr. Chairman, will the leagues the outcome. But I can tell my tleman from Maryland (Mr. HOYER). gentleman yield? colleagues this: In 1974, the Federal Mr. HOYER. Mr. Chairman, I thank Mr. WELDON of Pennsylvania. I Elections Campaign Act of 1974 pro- the gentleman for yielding me time. yield to the gentleman from Maryland. vided an exemption to allow political Mr. Chairman, when the gentleman Mr. HOYER. Mr. Chairman, I do not parties to raise soft money to purchase from Virginia (Mr. TOM DAVIS), the know a whole lot about this, but the or construct a building. It has existed chairman of the Republican Campaign gentleman from Massachusetts (Mr. since 1974. In fact, that was the way Committee, raised the issue, I went to MEEHAN) and maybe the gentleman soft money kind of entered its way in. find out because I do not know much from Connecticut (Mr. SHAYS), this was It was to build buildings; it was not about this issue. added in July. really for campaigns, it was ultimately First of all, let me tell him that most Mr. WELDON of Pennsylvania. The to get out the vote. It was not for of the funds, at least on our side, I do gentleman from Connecticut (Mr. races. not know what is in your accounts, are SHAYS) told me last night. What this provision does in our bill is non-Freddie Mac, Fannie Mae funds, Mr. SHAYS. Mr. Chairman, if the say that if a party has any soft money soft dollars. The overwhelming major- gentleman will yield, this amendment

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.253 pfrm03 PsN: H13PT2 H458 CONGRESSIONAL RECORD — HOUSE February 13, 2002 was part of our July amendment and it money as a corrupting feature in fu- in fact not the case. So I have been is a part of the record. ture campaigns? This amendment is misled. But I do not like the fact that Mr. WELDON of Pennsylvania. But it necessary to correct this defect in the the gentleman misrepresented what I was not in the Senate bill? bill that the Senate was clever enough said. I urge my colleagues who voted Mr. SHAYS. It was not in the Senate not to include in their legislation, and for Shays-Meehan to support this bill; that is correct. we ought to adopt the amendment. amendment because this was stuck in Mr. WELDON of Pennsylvania. Mr. Mr. FATTAH. Mr. Chairman, I yield because obviously someone sees a fi- Chairman, I can tell you what I am myself such time as I may consume. nancial advantage that the Senate did going to do, I will vote in favor of it First of all, I know at least for my- not see. It is wrong and it is not in the and I encourage other people who have self I would rather be home with my spirit of what campaign finance reform been supportive of Shays-Meehan to do wife on Valentine’s Day, but we are is all about. the same thing because this is not here and in order to clean out the Mr. SHAYS. Mr. Chairman, I yield what we were led to believe. I am vot- creek, we have to get the hogs out of myself such time as I may consume. ing ‘‘yes.’’ the water first. What we need to focus I just want to say honestly to this Mr. FATTAH. Mr. Chairman, do I in on here, we have heard from the gen- Chamber that I believe that the com- have the right to close? tleman from Connecticut (Mr. SHAYS). ments made by the gentleman from The CHAIRMAN pro tempore. The He is against this amendment. We have Virginia (Mr. TOM DAVIS) were correct. gentleman is correct. heard from the gentleman from Massa- I am going to be voting against this Mr. FATTAH. Mr. Chairman, I re- chusetts (Mr. MEEHAN). He is against amendment, but I do believe his point serve the balance of my time. it. that my colleagues can raise them Mr. KINGSTON. Mr. Chairman, I The people who are the promoters of from the FHA and others is an accu- yield 2 minutes to the distinguished campaign finance here in the House are rate point and makes it easier to raise gentleman from Louisiana (Mr. TAU- against this amendment and those peo- that soft money for those purposes. ple who have spent every amount of en- ZIN). b 0110 Mr. TAUZIN. Mr. Chairman, I thank ergy and intellect on trying to stop and the gentleman for yielding me time. derail this bill, they are for this Mr. KINGSTON. Mr. Chairman, I Let me point out two factors about amendment. So, now we should not yield 30 seconds to the gentleman from this provision that I think require us need, as the gentleman from Georgia Virginia (Mr. TOM DAVIS). to pass this amendment. The first is (Mr. KINGSTON) said when he opened Mr. TOM DAVIS of Virginia. Mr. that the provision allows not only the this debate, to bring a great deal of in- Chairman, let me understand the ac- keeping of this soft money for the tellectual curiosity of this. The co- counting. I know this as chairman of building of a building, but the keeping sponsors of the bill are against the our committee, and my colleague’s of it so long as you never build that amendment. They said it did not show committee operates separately. We building. There is no time limits on up last night. It was in in July. Either have several different funds that we how long this money can be kept. So if when that information was offered, the keep at both committees. There are one decides just not to use it, one can gentleman from Pennsylvania (Mr. hard-dollar funds, Federal-dollar funds. simply put it in a CD and just keep it WELDON) who was arguing that point, Then there are three soft-money ac- around. still said, well, I am going to vote for counts. There is a corporate soft-dollar Now, why would one do that? Well, it anyway. Do not let the facts get in account, a personal soft-dollar account there are no provisions against using your way. Let us try nonetheless if we that could be spent differently in dif- this money as collateral for other can to honor our two colleagues who ferent States. loans. So, therefore, this money could have worked so hard to bring us to this Then there is a building-fund soft- be kept in a CD, this soft money, this moment, and let us take their word for dollar account. Those moneys are, for money that is supposed to be bad and what it is they are trying to accom- the most part, I mean, 90-plus percent, corrupting, in a CD, collateralize loans. plish. Those of us who support Shays- moneys that are earmarked from cor- And then because the loans are made Meehan, let us vote against this porations, particularly Freddie Mac to the committee, the committee can amendment. and Fanny Mae, who have restrictions Mr. KINGSTON. Mr. Chairman, how use that loan money as hard money on the dollars they can give. They have much time remains? given millions of dollars through the and spend it on ads or whatever other The CHAIRMAN pro tempore. The purposes for campaign money you want years, and I think we ought to just get gentleman from Georgia (Mr. KING- in effect. Because soft money like all to spend it. STON) has 11⁄2 minutes remaining. The This is not a poison pill amendment. money is fungible, it can be cleverly, gentleman from Pennsylvania (Mr. This amendment I think is a free vote and there are some accountants around FATTAH) has 11⁄2 minutes remaining. for Members, but it is a special carve to help you, and I assure you from the The gentleman from Connecticut (Mr. out; and I just call that to Members’ hearings we conducted, there are ac- SHAYS) has 15 seconds remaining. attention. countants around that can help one do Mr. KINGSTON. Mr. Chairman, I Mr. KINGSTON. Mr. Chairman, I it if one wants to do it, keep this soft yield myself such time as I may con- yield myself the remaining time. money indefinitely. Use it as collat- sume. Let me just urge Members to support eral. Every time one runs into trouble, I just want to say if we are going to this amendment. The situation with just borrow against it, spend it for clean out the water, we cannot just get this entire bill is we hear soft money is campaigns, spend it for ads. Do all the the hogs out. We have to get the little bad but not this soft money, not that things my colleagues say they want to piglets out as well. I think this amend- soft money. It is a confusing bill. That make outlawed. ment helps get one of the piglets out, a is why it is a long bill, and what this If Members believe soft money is so defect that may have been overlooked amendment simply says is that the corrupting, why would they want to by my good friend from Pennsylvania. money cannot be used for any time to keep it around and perhaps use it for Mr. Chairman, I yield 30 seconds to set in an account to build a building that purpose, simply not build the the gentleman from Pennsylvania (Mr. after soft money is banned by it. building, constantly borrow against it? WELDON). Mr. Chairman, I yield back the time Pay off the loan when one could, but Mr. WELDON of Pennsylvania. Mr. remaining. constantly borrow against it as collat- Chairman, my colleague and friend The CHAIRMAN pro tempore (Mr. eral whenever extra money was needed mentioned me but mischaracterized THORNBERRY). The gentleman from for a campaign? In effect, converting what I said. I did not say that this was Pennsylvania (Mr. FATTAH) has 11⁄2 soft money into hard money through added in last night. I said this was not minutes remaining. the process of using as collateral. in the Senate bill. That is what I said. Mr. FATTAH. Mr. Chairman, I yield That is what this bill currently al- And that has, in fact, been said by both 45 seconds to the gentleman from lows to be done. Now, why would either sides. Texas (Mr. BENTSEN). party want to allow that to happen if, I was told that this bill was identical Mr. BENTSEN. Mr. Chairman, I am in fact, Members want to get rid of soft to what the Senate passed and that is not sure why we are debating this

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.256 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H459 amendment in the first place; but the Portman Shadegg Thune b 0132 fact that we are, I think there is one Pryce (OH) Shaw Tiahrt Putnam Sherwood Tiberi Messrs. MATHESON, MOORE, SAND- flawed argument that has been made. If Quinn Shimkus Tierney ERS, ABERCROMBIE, GEORGE MIL- one cannot use the money for hard pur- Radanovich Shuster Toomey LER of California, DEFAZIO, Mrs. poses in the first place, I do not think Ramstad Simmons Upton JOHNSON of Connecticut, Messrs. one can pledge it as a collateral for Regula Simpson Vitter Rehberg Skeen Walden SNYDER, ROEMER, KIND, Ms. JACK- hard purposes because if they had a de- Reynolds Smith (MI) Walsh SON-LEE of Texas, and Mr. CONDIT fault, the money would be illegal at Roemer Smith (NJ) Wamp changed their vote from ‘‘no’’ to ‘‘aye.’’ that point. I think the argument that Rogers (KY) Smith (TX) Watkins (OK) So the amendment was agreed to. was made was wrong in the first place, Rogers (MI) Snyder Watts (OK) The result of the vote was announced but I think it is sort of a meaningless Rohrabacher Souder Weldon (FL) Ros-Lehtinen Stearns Weldon (PA) as above recorded. amendment as it is. Royce Stump Weller The CHAIRMAN pro tempore (Mr. Mr. FATTAH. Mr. Chairman, I yield Ryan (WI) Sununu Whitfield THORNBERRY). Pursuant to the order of myself the remainder of my time. Ryun (KS) Sweeney Wicker the House of Tuesday, February 12, I feel almost in the role of Joshua, Sanders Tancredo Wilson (NM) 2002, it is now in order to consider an Saxton Tauzin Wilson (SC) but I want to choose to be with SHAYS Schaffer Taylor (NC) Wolf amendment by the gentleman from and MEEHAN this day, and I would hope Schrock Terry Young (AK) Texas (Mr. ARMEY). that my colleagues would follow. Sensenbrenner Thomas Young (FL) AMENDMENT IN THE NATURE OF A SUBSTITUTE The CHAIRMAN pro tempore. The Sessions Thornberry NO. 26 OFFERED BY MR. NEY question is on the amendment offered NOES—196 Mr. NEY. Mr. Chairman, as the des- by the gentleman from Georgia (Mr. ignee of the gentleman from Texas (Mr. KINGSTON). Ackerman Harman Oberstar Allen Hastings (FL) Obey ARMEY), I offer an amendment in the The question was taken; and the Andrews Hill Olver nature of a substitute. Chairman pro tempore announced that Baca Hilliard Ortiz The CHAIRMAN pro tempore. The the ayes appeared to have it. Baird Hinchey Owens Clerk will designate the amendment in Baldacci Hinojosa RECORDED VOTE Pallone the nature of a substitute. Baldwin Hoeffel Pascrell Mr. FATTAH. Mr. Chairman, I de- Barcia Holden Pastor The text of the amendment in the na- mand a recorded vote. Barrett Holt Paul ture of a substitute is as follows: A recorded vote was ordered. Becerra Honda Payne Amendment in the nature of a substitute Bentsen Hooley The vote was taken by electronic de- Pelosi No. 26 offered by Mr. NEY: Berman Hoyer Peterson (MN) Strike all after the enacting clause and in- vice, and there were—ayes 232, noes 196, Berry Inslee Phelps sert the following: not voting 7, as follows: Bishop Israel Pomeroy SECTION 1. SHORT TITLE; TABLE OF CONTENTS. [Roll No. 32] Blagojevich Jackson (IL) Price (NC) Blumenauer Jefferson (a) SHORT TITLE.—This Act may be cited as AYES—232 Rahall Bonior John Rangel the ‘‘Campaign Reform and Citizen Partici- Abercrombie Dunn Johnson (IL) Borski Johnson, E. B. Reyes pation Act of 2002’’. Aderholt Edwards Johnson, Sam Boswell Jones (OH) Rivers (b) TABLE OF CONTENTS.—The table of con- Akin Ehlers Jones (NC) Boucher Kanjorski Rodriguez tents for this Act is as follows: Armey Ehrlich Keller Boyd Kaptur Ross Sec. 1. Short title; table of contents. Bachus Emerson Kelly Brady (PA) Kennedy (RI) Rothman Baker English Kennedy (MN) Brown (FL) Kildee Roybal-Allard TITLE I—SOFT MONEY OF NATIONAL Ballenger Everett Kerns Brown (OH) Kilpatrick Rush PARTIES Barr Ferguson Kind (WI) Capps Kleczka Sabo Bartlett Flake King (NY) Sec. 101. Restrictions on soft money of na- Capuano Kucinich Sanchez tional political parties. Barton Fletcher Kingston Cardin LaFalce Bass Foley Kirk Sandlin TITLE II—MODIFICATION OF Carson (IN) Lampson Sawyer Bereuter Forbes Knollenberg Clay CONTRIBUTION LIMITS Langevin Schakowsky Berkley Fossella Kolbe Clayton Lantos Biggert Schiff Sec. 201. Increase in limits on certain con- Frelinghuysen LaHood Clement Larsen (WA) Bilirakis Gallegly Largent Scott tributions. Clyburn Larson (CT) Blunt Ganske Latham Serrano Sec. 202. Increase in limits on contributions Conyers Lee Boehlert Gekas LaTourette Shays to State parties. Costello Levin Boehner Gibbons Leach Sherman Coyne Lewis (GA) Sec. 203. Treatment of contributions to na- Bonilla Gilchrest Lewis (CA) Shows Cramer Lofgren tional party under aggregate Bono Gillmor Lewis (KY) Skelton Crowley Lowey annual limit on individual con- Boozman Gilman Linder Slaughter Brown (SC) Goode Lipinski Cummings Lucas (KY) tributions. Davis (CA) Luther Smith (WA) Sec. 204. Exemption of costs of volunteer Bryant Goodlatte LoBiondo Solis Davis (FL) Lynch campaign materials produced Burton Goss Lucas (OK) Spratt Buyer Graham Manzullo Davis (IL) Maloney (CT) and distributed by parties from DeGette Maloney (NY) Stark Callahan Granger Matheson Stenholm treatment as contributions and Calvert Graves McCrery Delahunt Markey Strickland expenditures. Camp Green (WI) McHugh DeLauro Mascara Stupak Sec. 205. Indexing. Cannon Greenwood McInnis Deutsch Matsui Tanner Sec. 206. Permitting national parties to es- Cantor Grucci McKeon Dicks McCarthy (MO) Capito Gutknecht Mica Dingell McCarthy (NY) Tauscher tablish accounts for making ex- Carson (OK) Hall (TX) Miller, Dan Doggett McCollum Taylor (MS) penditures in excess of limits Castle Hansen Miller, Gary Dooley McDermott Thompson (CA) on behalf of candidates facing Chabot Hart Miller, George Doyle McGovern Thompson (MS) wealthy opponents. Thurman Chambliss Hastert Miller, Jeff Engel McIntyre TITLE III—DISCLOSURE OF ELECTION- Coble Hastings (WA) Moore Eshoo McKinney Towns Collins Hayes Moran (KS) Etheridge McNulty Turner RELATED COMMUNICATIONS Combest Hayworth Morella Evans Meehan Udall (CO) Sec. 301. Disclosure of information on com- Condit Herger Myrick Farr Meek (FL) Udall (NM) munications broadcast prior to Cooksey Hilleary Nethercutt Fattah Meeks (NY) Velazquez election. Cox Hobson Ney Filner Menendez Visclosky Sec. 302. Disclosure of information on tar- Crane Hoekstra Northup Ford Millender- Waters geted mass communications. Crenshaw Horn Norwood Frank McDonald Watson (CA) Culberson Hostettler Nussle Frost Mink Watt (NC) TITLE IV—EFFECTIVE DATE Cunningham Houghton Osborne Gephardt Mollohan Waxman Sec. 401. Effective date. Davis, Jo Ann Hulshof Ose Weiner Gonzalez Moran (VA) TITLE I—SOFT MONEY OF NATIONAL Davis, Tom Hunter Otter Gordon Murtha Wexler Deal Hyde Oxley Green (TX) Nadler Woolsey PARTIES DeFazio Isakson Pence Gutierrez Napolitano Wu SEC. 101. RESTRICTIONS ON SOFT MONEY OF NA- DeLay Issa Peterson (PA) Hall (OH) Neal Wynn TIONAL POLITICAL PARTIES. DeMint Istook Petri Diaz-Balart Jackson-Lee Pickering Title III of the Federal Election Campaign Doolittle (TX) Pitts NOT VOTING—7 Act of 1971 (2 U.S.C. 431 et seq.) is amended Dreier Jenkins Platts Brady (TX) Hefley Traficant by adding at the end the following new sec- Duncan Johnson (CT) Pombo Burr Riley tion: Cubin Roukema

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‘‘SOFT MONEY OF NATIONAL POLITICAL PARTIES ‘‘(3) PUBLIC COMMUNICATION.—The term (b) TREATMENT AS EXPENDITURES.—Section ‘‘SEC. 323. (a) PROHIBITING USE OF SOFT ‘public communication’ means a communica- 301(9)(B)(viii) of the Federal Election Cam- MONEY FOR FEDERAL ELECTION ACTIVITY.—A tion by means of any broadcast, cable, or paign Act of 1971 (2 U.S.C. 431(9)(B)(viii)) is national committee of a political party (in- satellite communication, newspaper, maga- amended by striking ‘‘a State or local com- cluding a national congressional campaign zine, outdoor advertising facility, or direct mittee of a political party of the costs of’’ committee of a political party) may not so- mail. and inserting ‘‘a national, State, or local licit, receive, or direct to another person a ‘‘(4) DIRECT MAIL.—The term ‘direct mail’ committee of a political party of the costs of contribution, donation, or transfer of funds means a mailing by a commercial vendor or producing and distributing’’. or any other thing of value for Federal elec- any mailing made from a commercial list.’’. SEC. 205. INDEXING. tion activity, or spend any funds for Federal TITLE II—MODIFICATION OF Section 315(c) of the Federal Election Cam- election activity, that are not subject to the CONTRIBUTION LIMITS paign Act of 1971 (2 U.S.C. 441a(c)) is amended— limitations, prohibitions, and reporting re- SEC. 201. INCREASE IN LIMITS ON CERTAIN CON- quirements of this Act. TRIBUTIONS. (1) in paragraph (1)— (A) by striking the second and third sen- ‘‘(b) LIMIT ON AMOUNT OF NONFEDERAL (a) CONTRIBUTIONS BY COMMITTEES TO NA- tences; FUNDS PROVIDED TO PARTY BY ANY PERSON TIONAL PARTIES.—Section 315(a)(2)(B) of such FOR ANY PURPOSE.— Act (2 U.S.C. 441a(a)(2)(B)) is amended by (B) by inserting ‘‘(A)’’ before ‘‘At the be- ‘‘(1) LIMIT ON AMOUNT.—No person shall striking ‘‘$15,000’’ and inserting ‘‘$30,000’’. ginning’’; and (C) by adding at the end the following: make contributions, donations, or transfers (b) AGGREGATE ANNUAL LIMIT ON CONTRIBU- ‘‘(B) Except as provided in subparagraph of funds which are not subject to the limita- TIONS BY INDIVIDUALS.—Section 315(a)(3) of (C), in any calendar year after 2002— tions, prohibitions, and reporting require- such Act (2 U.S.C. 441a(a)(3)) is amended by ‘‘(i) a limitation established by subsections ments of this Act to a political committee striking ‘‘$25,000’’ and inserting ‘‘$37,500’’. established and maintained by a national po- (a), (b), (d), or (h) shall be increased by the SEC. 202. INCREASE IN LIMITS ON CONTRIBU- percent difference determined under sub- litical party in any calendar year in an ag- TIONS TO STATE PARTIES. gregate amount equal to or greater than paragraph (A); (a) CONTRIBUTIONS BY INDIVIDUALS.—Sec- $20,000. ‘‘(ii) each amount so increased shall re- tion 315(a)(1) of the Federal Election Cam- main in effect for the calendar year; and ‘‘(2) PROHIBITING PROVISION OF NONFEDERAL paign Act of 1971 (2 U.S.C. 441a(a)(1)) is FUNDS BY INDIVIDUALS.—No individual may ‘‘(iii) if any amount after adjustment amended— under clause (i) is not a multiple of $100, make any contribution, donation, or transfer (1) in subparagraph (B), by striking ‘‘or’’ at of funds which are not subject to the limita- such amount shall be rounded to the nearest the end; multiple of $100. tions, prohibitions, and reporting require- (2) in subparagraph (C)— ments of this Act to a political committee ‘‘(C) In the case of limitations under sub- (A) by inserting ‘‘(other than a committee sections (a) and (h), increases shall only be established and maintained by a national po- described in subparagraph (D))’’ after ‘‘com- litical party. made in odd-numbered years and such in- mittee’’; and creases shall remain in effect for the 2-year ‘‘(c) APPLICABILITY.— This subsection shall (B) by striking the period at the end and apply to any political committee established period beginning on the first day following inserting ‘‘; or’’; and the date of the last general election in the and maintained by a national political party, (3) by adding at the end the following: any officer or agent of such a committee act- year preceding the year in which the amount ‘‘(D) to a political committee established is increased and ending on the date of the ing on behalf of the committee, and any enti- and maintained by a State committee of a ty that is directly or indirectly established, next general election.’’; and political party in any calendar year which, (2) in paragraph (2)(B), by striking ‘‘means maintained, or controlled by such a national in the aggregate, exceed $10,000.’’. committee. the calendar year 1974’’ and inserting (b) CONTRIBUTIONS BY COMMITTEES.—Sec- ‘‘means— ‘‘(d) DEFINITIONS.— tion 315(a)(2) of the Federal Election Cam- ‘‘(1) FEDERAL ELECTION ACTIVITY.— ‘‘(i) for purposes of subsections (b) and (d), paign Act of 1971 (2 U.S.C. 441a(a)(2)) is calendar year 1974; and ‘‘(A) IN GENERAL.—The term ‘Federal elec- amended— tion activity’ means— ‘‘(ii) for purposes of subsections (a) and (h), (1) in subparagraph (B), by striking ‘‘or’’ at calendar year 2001’’. ‘‘(i) voter registration activity during the the end; period that begins on the date that is 120 SEC. 206. PERMITTING NATIONAL PARTIES TO ES- (2) in subparagraph (C)— TABLISH ACCOUNTS FOR MAKING days before the date a regularly scheduled (A) by inserting ‘‘(other than a committee Federal election is held and ends on the date EXPENDITURES IN EXCESS OF LIM- described in subparagraph (D))’’ after ‘‘com- ITS ON BEHALF OF CANDIDATES of the election, unless the activity con- mittee’’; and FACING WEALTHY OPPONENTS. stitutes generic campaign activity; (B) by striking the period at the end and (a) ESTABLISHMENT OF ACCOUNTS.—Section ‘‘(ii) voter identification or get-out-the- inserting ‘‘; or’’; and 315(d) of the Federal Election Campaign Act vote activity conducted in connection with (3) by adding at the end the following: of 1971 (2 U.S.C. 441a(d)) is amended by add- an election in which a candidate for Federal ‘‘(D) to a political committee established ing at the end the following new paragraph: office appears on the ballot (regardless of and maintained by a State committee of a ‘‘(4)(A) Subject to subparagraph (B), the whether a candidate for State or local office political party in any calendar year which, national committee of a political party may also appears on the ballot), unless the activ- in the aggregate, exceed $10,000.’’. make expenditures in connection with the ity constitutes generic campaign activity; general election campaign of a candidate for ‘‘(iii) any public communication that re- SEC. 203. TREATMENT OF CONTRIBUTIONS TO NATIONAL PARTY UNDER AGGRE- Federal office (other than a candidate for fers to or depicts a clearly identified can- GATE ANNUAL LIMIT ON INDI- President) who is affiliated with such party didate for Federal office (regardless of VIDUAL CONTRIBUTIONS. in an amount in excess of the limit estab- whether a candidate for State or local office Section 315(a)(3) of the Federal Election lished under paragraph (3) if— is also mentioned or identified) and that pro- Campaign Act of 1971 (2 U.S.C. 441(a)(3)) is ‘‘(i) the candidate’s opponent in the gen- motes or supports a candidate for that office, amended— eral election campaign makes expenditures or attacks or opposes a candidate for that of- (1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; of personal funds in connection with the fice (regardless of whether the communica- and campaign in an amount in excess of $100,000 tion expressly advocates a vote for or (2) by adding at the end the following new (as provided in the notifications submitted against a candidate); or subparagraph: under section 304(a)(6)(B)); and ‘‘(iv) any public communication made by ‘‘(B) Subparagraph (A) shall not apply with ‘‘(ii) the expenditures are made from a sep- means of any broadcast, cable, or satellite respect to any contribution made to any po- arate account of the party used exclusively communication. litical committee established and main- for making expenditures pursuant to this ‘‘(B) EXCEPTION FOR CERTAIN ADMINISTRA- tained by a national political party which is paragraph. TIVE ACTIVITIES.—The term ‘Federal election not the authorized political committee of ‘‘(B) The amount of expenditures made in activity’ does not include any activity relat- any candidate.’’. accordance with subparagraph (A) by the na- ing to establishment, administration, or so- SEC. 204. EXEMPTION OF COSTS OF VOLUNTEER tional committee of a political party in con- licitation costs of a political committee es- CAMPAIGN MATERIALS PRODUCED nection with the general election campaign tablished and maintained by a national po- AND DISTRIBUTED BY PARTIES of a candidate may not exceed the amount of litical party, so long as the funds used to FROM TREATMENT AS CONTRIBU- expenditures of personal funds made by the carry out the activity are derived from funds TIONS AND EXPENDITURES. candidate’s opponent in connection with the or payments made to the committee which (a) TREATMENT AS CONTRIBUTIONS.—Section campaign (as provided in the notifications are segregated and used exclusively to defray 301(8)(B)(x) of the Federal Election Campaign submitted under section 304(a)(6)(B)).’’. the costs of such activities. Act of 1971 (2 U.S.C. 431(8)(B)(x)) is amended (b) WAIVER OF LIMITS ON CONTRIBUTIONS TO ‘‘(2) GENERIC CAMPAIGN ACTIVITY.—The by striking ‘‘a State or local committee of a ACCOUNTS.—Section 315(a) of such Act (2 term ‘generic campaign activity’ means any political party of the costs of’’ and inserting U.S.C. 441a(a)) is amended by adding at the activity that does not mention, depict, or ‘‘a national, State, or local committee of a end the following new paragraph: otherwise promote a clearly identified Fed- political party of the costs of producing and ‘‘(9) The limitations imposed by para- eral candidate. distributing’’. graphs (1)(B), (2)(B), and (3) shall not apply

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.101 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H461 with respect to contributions made to the ‘‘(E) The text of the communication in- ‘‘(iii) which is targeted to the relevant national committee of a political party volved. electorate. which are designated by the donor to be de- ‘‘(3) COMMUNICATIONS DESCRIBED.— ‘‘(B) TARGETING TO RELEVANT ELEC- posited solely into the account established ‘‘(A) IN GENERAL.—A communication de- TORATE.— by the party under subsection (d)(4).’’. scribed in this paragraph is any communica- ‘‘(i) BROADCAST COMMUNICATIONS.—For pur- (c) NOTIFICATION OF EXPENDITURES OF PER- tion— poses of this paragraph, a communication SONAL FUNDS.—Section 304(a)(6) of such Act ‘‘(i) which is disseminated to the public by disseminated to the public by means of any (2 U.S.C. 434(a)(6)) is amended— means of any broadcast, cable, or satellite broadcast, cable, or satellite communication (1) by redesignating subparagraph (B) as communication during the 120-day period which refers to or depicts a clearly identified subparagraph (C); and ending on the date of a Federal election; and (2) by inserting after subparagraph (A) the ‘‘(ii) which mentions a clearly identified candidate for Federal office is ‘targeted to following new subparagraph: candidate for such election (by name, image, the relevant electorate’ if the communica- ‘‘(B)(i) The principal campaign committee or likeness). tion is disseminated by a broadcaster whose of a candidate (other than a candidate for ‘‘(B) EXCEPTION.—A communication is not audience includes— President) shall submit the following notifi- described in this paragraph if— ‘‘(I) a substantial number of residents of cations relating to expenditures of personal ‘‘(i) the communication appears in a news the district the candidate seeks to represent funds by such candidate (including contribu- story, commentary, or editorial distributed (as determined in accordance with regulations by the candidate or the candidate’s through the facilities of any broadcasting tions of the Commission), in the case of a spouse to such committee and funds derived station, unless such facilities are owned or candidate for Representative in, or Delegate from loans made by the candidate or the can- controlled by any political party, political or Resident Commissioner to, the Congress; didate’s spouse to such committee): committee, or candidate; or or ‘‘(I) A notification of the first such expend- ‘‘(ii) the communication constitutes an ex- ‘‘(II) a substantial number of residents of iture (or contribution) by which the aggre- penditure under this Act. the State the candidate seeks to represent gate amount of personal funds expended (or ‘‘(4) COORDINATION WITH OTHER REQUIRE- (as determined in accordance with regula- contributed) with respect to an election ex- MENTS.—Any requirement to file a statement tions of the Commission), in the case of a ceeds $100,000. under this subsection shall be in addition to candidate for Senator. ‘‘(II) After the notification is made under any other reporting requirement under this ‘‘(ii) OTHER COMMUNICATIONS.—For pur- subclause (I), a notification of each such sub- Act. poses of this paragraph, a communication sequent expenditure (or contribution) which, ‘‘(5) CLARIFICATION OF TREATMENT OF VEN- which is not described in clause (i) which re- taken together with all such subsequent ex- DORS.—A person shall not be considered to fers to or depicts a clearly identified can- penditures (and contributions) in any have made a disbursement for a communica- amount not included in the most recent re- tion under this subsection if the person made didate for Federal office is ‘targeted to the port under this subparagraph, totals $5,000 or the disbursement solely as a vendor acting relevant electorate’ if— more. pursuant to a contractual agreement with ‘‘(I) more than 10 percent of the total num- ‘‘(ii) Each of the notifications submitted the person responsible for sponsoring the ber of intended recipients of the communica- under clause (i)— communication.’’. tion are members of the electorate involved ‘‘(I) shall be submitted not later than 24 SEC. 302. DISCLOSURE OF INFORMATION ON TAR- with respect to such Federal office; or hours after the expenditure or contribution GETED MASS COMMUNICATIONS. ‘‘(II) more than 10 percent of the total which is the subject of the notification is Section 304 of the Federal Election Cam- number of members of the electorate in- made; paign Act of 1971 (2 U.S.C. 434), as amended volved with respect to such Federal office re- ‘‘(II) shall include the name of the can- by section 301, is further amended by adding ceive the communication. didate, the office sought by the candidate, at the end the following new subsection: ‘‘(C) EXCEPTIONS.—The term ‘targeted mass and the date of the expenditure or contribu- ‘‘(f) DISCLOSURE OF INFORMATION ON TAR- communication’ does not include— tion and amount of the expenditure or con- GETED MASS COMMUNICATIONS.— ‘‘(i) a communication appearing in a news ‘‘(1) IN GENERAL.—Any person who makes a tribution involved; and story, commentary, or editorial distributed disbursement for targeted mass communica- ‘‘(III) shall include the total amount of all through the facilities of any broadcasting such expenditures and contributions made tions in an aggregate amount in excess of station, newspaper, magazine, or other peri- with respect to the same election as of the $50,000 during any calendar year shall, within odical publication, unless such facilities are date of expenditure or contribution which is 24 hours of each disclosure date, file with the owned or controlled by any political party, the subject of the notification.’’. Commission a statement containing the information described in paragraph (2). political committee, or candidate; TITLE III—DISCLOSURE OF ELECTION- ‘‘(ii) a communication made by any mem- RELATED COMMUNICATIONS ‘‘(2) CONTENTS OF STATEMENT.—Each statement required to be filed under this sub- bership organization (including a labor orga- SEC. 301. DISCLOSURE OF INFORMATION ON nization) or corporation solely to its mem- COMMUNICATIONS BROADCAST section shall be made under penalty of per- PRIOR TO ELECTION. jury and shall contain the following informa- bers, stockholders, or executive or adminis- Section 304 of the Federal Election Cam- tion: trative personnel, if such membership orga- paign Act of 1971 (2 U.S.C. 434) is amended by ‘‘(A) The identification of the person mak- nization or corporation is not organized pri- adding at the end the following new sub- ing the disbursement, of any individual or marily for the purpose of influencing the section: entity sharing or exercising direction or con- nomination for election, or election, of any ‘‘(e) DISCLOSURE OF INFORMATION ON CER- trol over the activities of such person, and of individual to Federal office; or TAIN COMMUNICATIONS BROADCAST PRIOR TO the custodian of the books and accounts of ‘‘(iii) a communication which constitutes ELECTIONS.— the person making the disbursement. an expenditure under this Act. ‘‘(1) IN GENERAL.—Any person who makes a ‘‘(B) The principal place of business and ‘‘(4) DISCLOSURE DATE.—For purposes of disbursement for a communication described phone number of the person making the dis- this subsection, the term ‘disclosure date’ in paragraph (3) shall, not later than 24 hours bursement, if not an individual. means— after making the disbursement, file with the ‘‘(C) The amount of each such disburse- ‘‘(A) the first date during any calendar Commission a statement containing the in- ment of more than $200 made by the person year by which a person has made disburse- formation required under paragraph (2). during the period covered by the statement ments for targeted mass communications ag- ‘‘(2) CONTENTS OF STATEMENT.—Each state- and the identification of the person to whom gregating in excess of $50,000; and ment required to be filed under this sub- the disbursement was made. ‘‘(B) any other date during such calendar section shall be made under penalty of per- ‘‘(D) The clearly identified candidate or year by which a person has made disburse- jury and shall contain the following informa- candidates to which the communication per- ments for targeted mass communications ag- tion: tains and the names (if known) of the can- gregating in excess of $50,000 since the most ‘‘(A) The identification of the person mak- didates identified or to be identified in the recent disclosure date for such calendar ing the disbursement, of any individual or communication. year. entity sharing or exercising direction or con- ‘‘(E) The text of the communication in- trol over the activities of such person, and of volved. ‘‘(5) COORDINATION WITH OTHER REQUIRE- MENTS.—Any requirement to report under the custodian of the books and accounts of ‘‘(3) TARGETED MASS COMMUNICATION DE- the person making the disbursement. FINED.— this subsection shall be in addition to any ‘‘(B) The principal place of business and ‘‘(A) IN GENERAL.—In this subsection, the other reporting requirement under this Act. phone number of the person making the dis- term ‘targeted mass communication’ means ‘‘(6) CLARIFICATION OF TREATMENT OF VEN- bursement, if not an individual. any communication— DORS.—A person shall not be considered to ‘‘(C) The amount of the disbursement. ‘‘(i) which is disseminated during the 120- have made a disbursement for a communica- ‘‘(D) The clearly identified candidate or day period ending on the date of a Federal tion under this subsection if the person made candidates to which the communication per- election; the disbursement solely as a vendor acting tains and the names (if known) of the can- ‘‘(ii) which refers to or depicts a clearly pursuant to a contractual agreement with didates identified or to be identified in the identified candidate for such election (by the person responsible for sponsoring the communication. name, image, or likeness); and communication.’’.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.101 pfrm03 PsN: H13PT2 H462 CONGRESSIONAL RECORD — HOUSE February 13, 2002 TITLE IV—EFFECTIVE DATE we are willing to allow States to re- Real campaign finance reform en- SEC. 401. EFFECTIVE DATE. ceive. The principal difference between courages citizen participation. Real The amendments made by this Act shall this amendment and the bill before us campaign finance reform protects our take effect on the date of the enactment of is that this amendment would allow cherished rights to freely speak and as- this Act. the national parties to raise some soft sociate. Real campaign finance reform The CHAIRMAN pro tempore. Pursu- dollars, while the Shays bill would preserves the important role our polit- ant to section 3 of House Resolution allow only the State and local parties ical parties play in our democracy. 344, the gentleman from Ohio (Mr. NEY) to do so. The choice is not between one This amendment accomplishes these and the gentleman from Maryland (Mr. bill that allows soft money and a sec- goals. HOYER) each will control 10 minutes. ond bill that bans it. I think that is I want to thank the gentleman from The Chair recognizes the gentleman perfectly clear tonight. Shays-Meehan, Maryland (Mr. WYNN) for drafting this from Ohio (Mr. NEY). as we know, has soft money. Both the and supporting it. I urge support of the Mr. NEY. Mr. Chairman, I yield my- Shays bill and this amendment permit amendment. self such time as I may consume. limited amounts of soft money. This Mr. Chairman, I reserve the balance Mr. Chairman, this is the Ney-Wynn amendment simply says if we are going of my time. amendment, and this will be the last to allow the State parties to accept Mr. HOYER. Mr. Chairman, I ask chance tonight, and this is not a poison soft dollars, we ought to allow the na- unanimous consent that the gentleman pill. This amendment embodies cam- tional parties to do the same. from Connecticut (Mr. SHAYS) may paign finance reform principles that re- Members need to be aware that the control 5 minutes of the time allocated spect our Constitution. It does not seek contribution limits in this amendment to me, and that he may yield such time to punish or discourage those citizens have been significantly reduced in as he determines. The CHAIRMAN pro tempore (Mr. who exercise their constitutional comparison to the previous amendment THORNBERRY). Is there objection to the rights to participate in the political we had in the summer. Inflated claims request of the gentleman from Mary- process. about the usual amounts of money that land? This amendment bans the national could be donated under this amend- parties from raising or using soft There was no objection. ment do not apply to this amendment Mr. HOYER. Mr. Chairman, I yield money for Federal election activities, as it is drafted. myself such time as I may consume. including broadcast issue advertising. b 0140 Mr. Chairman, I rise in opposition to However, it would permit the national this amendment. The chairman of this It has to be pointed out there are parties to continue to raise and use committee, as I have said in the past, thousands of State and local parties, soft money for generic voter registra- has been, in my opinion, as good a and there are six national parties to tion, which I believe we all know is im- chairman as I could possibly work with portant, and get-out-the-vote activi- which the contributions can be given. on the Committee on House Adminis- ties. The parties would also preserve So if you support the underlying bill, tration. He is open, he is fair, he is a the right to use such funds for fund- but oppose this amendment, you are pleasure to work with. We have worked raising and overhead expenses. basically saying it is perfectly accept- very closely on election reform. The principal complaint leveled able for a corporation to give millions This House overwhelmingly passed against so-called soft money is that it of dollars to a multitude of State and election reform. It is now in the Sen- is unlimited and unregulated. This local parties, but it is somehow corrupt ate. Hopefully, they will pass it soon, amendment addresses that complaint for them to give a limited amount to we will have a conference, and we will by limiting it and regulating it. With six national party interests. There is have a bill that we can all be very the passage of this amendment, no no logical reason that I can find for proud of. We agreed on that legislation. donor could contribute an amount over this distinction. The gentleman made compromises; I $20,000 to any political committee. As I This amendment also provides for in- made compromises. previously indicated, the use of the creased disclosure, which we all want, On campaign finance reform, how- funds would be restricted to certain ac- for targeted mass communications. ever, we have differed. Essentially it tivities. The person who pays for the commu- has been his position to oppose the Shays-Meehan does absolutely noth- nication would have to disclose their Shays-Meehan alternative. In fact, the ing to restrict how unions and corpora- identity within 24 hours of the pur- Shays-Meehan alternative could not be tions spend soft money. Under current chase. That I believe is what the Amer- favorably reported out of committee. law, unions and corporations can spend ican people want. I would note that In my view, the Ney-Wynn amendment, unlimited amounts of soft money com- this disclosure provision is broader which was changed last night, as I un- municating with their members, solic- than that contained in the underlying derstand it, to reduce the limits, but, iting those members for contributions bill, which applies only to broadcast nevertheless, still has soft-money pay- and engaging in such political activi- communications. Disclosure provisions ments to the national committees, is ties as registering voters and getting in this amendment would apply to all in effect Shays-Meehan extraordinarily out the vote. Shays-Meehan would not forms of communication, including light, and in fact does not cover most stop these groups from using their soft newspaper ads, phone banks, et cetera. of what Shays-Meehan covers. Further- dollars in this way. What Shays-Mee- Having described what is in the more, notwithstanding the reduction in han would do is prevent the national amendment, I take a moment to de- the $75,000 to $20,000, it still provides parties from using so-called soft dol- scribe what is not in it and why. Most for very, very, very substantial pay- lars in a similar fashion. importantly, this amendment does not ments of soft money to various party I really do not think we should re- seek to ban issue advocacy. Twenty- committees, substantially more than strict the ability of our parties, the ex- five years of court decisions, from the does Shays-Meehan. isting parties and any parties that Supreme Court on down, have made it So if you want real campaign finance want to rise up and blossom in our perfectly clear that our Constitution reform, you need to defeat this amend- country, from registering and getting does not permit the Federal Govern- ment, pass a motion to recommit, and voters to the polls while leaving unions ment to regulate issue advertisements. pass Shays-Meehan finally and send and corporations free to do so without Our first amendment protects the that bill to the Senate, and then hope- restriction. Hamstringing our parties, right of every American to speak out fully soon thereafter to the President and thereby enhancing the power of on issues of public concern, and it has of the United States for signature. unions and corporations, does not ac- been that way since the creation of Mr. Chairman, I would say to my col- complish the stated goal of some to re- this Nation. Politicians may want to leagues, we are coming to the end of duce the power of the special interests. use the power of government to at- the evening. We have defeated almost I think we should be making our par- tempt to silence their critics, which is all of the amendments that were de- ties stronger, not weaker. what Shays-Meehan does, but I do not signed to undermine and defeat Shays- There is no rationale for denying our believe we should participate in that Meehan. We have one more step to national parties access to funds that endeavor. take. I urge my colleagues to take it.

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.101 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H463 Mr. Chairman, I reserve the balance Finally, we do not interfere with Mr. SHAYS. Mr. Chairman, I yield of my time. State parties. There has been no hear- the balance of the time to the gen- Mr. NEY. Mr. Chairman, I yield 3 ings, no evidence, to suggest that State tleman from Tennessee (Mr. WAMP), an minutes to my distinguished colleague, parties are not competent to regulate extraordinary leader and a very coura- the gentleman from Maryland (Mr. their own campaign financing. Ney- geous person. WYNN). Wynn says let State parties regulate Mr. WAMP. Mr. Chairman, I thank Mr. WYNN. Mr. Chairman, I thank State party activities. There is no rea- all of the Members of the House for the gentleman for yielding me time. son to federalize campaign fund-raising their patience and their tolerance. I Let me initially say it has been a at the State level. think throughout history the House of pleasure working with him. He has We believe this is a fair compromise Representatives is really no better been very responsive to a wide variety addressing soft money, party building, than its Speaker. I think our House of points of view, and he has tried to first amendment rights and protecting today has the highest approval rating craft a compromise. the interests of the States. We do not in modern history, in large part be- I have to say tonight that I am al- feel we have to be stampeded into vot- cause of the dignity, the humility, and ways very disturbed when I hear people ing for my-way-or-the-highway legisla- the genuine leadership of our Speaker, say our way is the only way, whether it tion just to avoid a conference com- and I thank him for everything he does comes from some sort of fanatic or mittee. Every other piece of legislation for the people of the House. whether it comes from a so-called re- that comes through this body goes This issue of soft money is central to former. The fact of the matter is that through a conference committee. This this entire debate. Fifteen years ago, I politics is the art of compromise, and House has the right to work its will was elected as a local Republican Party we, in working with the Ney-Wynn and send it through a thoughtful com- chairman in Chattanooga, Tennessee. I amendment, have tried to fashion a se- promise. I believe that is Ney-Wynn, think that the three best national rious compromise. and I urge its adoption. chairmen that our party has had in the Let us talk first about soft money. Mr. SHAYS. Mr. Chairman, I yield modern era were Lee Atwater, Haley Under the current law it is reported in myself such time as I may consume. Barbour, and a guy named Bill Brock, today’s paper the top 10 contributors Let me first say, Mr. Chairman, you who served in the House seat that I have given between $1.3 million and have been an extraordinary person at serve in now, went on to the United $3.6 million. Under Ney-Wynn, we first the helm, and I thank you for the gra- States Senate and serve our party ex- said $75,000 per contributor to the na- ciousness you have shown to both tremely well when Ronald Reagan was tional party. In the spirit of com- sides. elected President. promise, we reduced that significantly I would also like to extend my grati- Here is what he says now about soft down to $20,000 per contributor to the tude to the gentleman from Illinois money. Quote: ‘‘In truth, parties were national party. I do not think anyone (Mr. LAHOOD) for the way he did it pre- stronger and closer to their roots be- can say that this is not a significant vious to you. It has been a long, long, fore the advent of the soft money loop- reduction in soft money or a legitimate long, long day. hole than they are today. Far from in- attempt to address the concerns, nor a Mr. Chairman, I yield 1 minute to the vigorating the parties themselves, soft legitimate attempt at compromise. gentleman from New York (Mr. HOUGH- In addition to that, we limited the money has simply strengthened certain TON). specific candidates and the few donors use of the money. People said we are Mr. HOUGHTON. Mr. Chairman, I who can make huge contributions, concerned about national party attack will make this brief. I am opposed to while distracting parties from tradi- ads. We prohibit national party attack this amendment. I am for the Shays- tional grassroots work.’’ ads. But we do say the soft dollars, this Meehan approach, and I will tell you limited amount of soft dollars, can be Both of our political parties will be for three reasons. better served by weaning ourselves used for legitimate party-building ac- First of all, we have a financial crisis from soft money and returning to the tivities, that political parties ought to in this country augmented by Enron people, returning to the foot power, re- be able to do voter registration, voter and Arthur Andersen. Somehow we turning to the grassroots. Writing big registration and get-out-the-vote ac- have got to get the credibility in the checks is actually the easy way out for tivities. Those are the only uses for the system back again. Frankly, I think people that want to participate in this limited amount of soft money used in the Shays-Meehan approach will help process. The harder way is to involve this bill, legitimate party-building. us in a political way, not just in an people. We rarely see ads saying, this is I note particularly that minorities, economic way. African Americans, Hispanics and oth- Secondly, I remember when I first what our party stands for. Join our ers, are increasing their voter partici- got interested in Republican politics, party. Be a part of our platform. Get pation; and as members of the two na- when Ronald Reagan came in. There involved. We mostly see ads that are tional parties, we feel it is very impor- was no soft money. We did not use that degrading and divisive. Mr. Chairman, I believe our parties tant that there be funds available for then. There was no necessity for it. It will be better off with this most impor- these get-out-the-vote activities, voter worked perfectly under the old rules. I tant step, and I believe there are a lot outreach activities. So, again, we be- think we ought to go back to those of people of goodwill in this House that lieve the Ney-Wynn approach is a bet- rules. ter compromise. agree. We are going to come together On the subject of the first amend- b 0150 tonight. I believe we are going to finish ment, we do not restrict advocacy The third reason is this: When I was this business. I believe the President groups in terms of broadcast ads during in business, we never, never, never used will sign this bill, and I think this will the final 60 days of a election. That is soft money, and I know that a lot of be an important step to restoring the when the voters should be paying the people came to us and said we were un- public trust. To my friends over here, I most attention, should be needing the patriotic, we were not supporting the may be wrong, but I think we will be most information. We want people to different parties. Crazy. Wrong. better off because we will all be better be able to provide that information. We What we did is we marshaled our off and our country will be better off. do not want to infringe upon their first plants and our sales offices and our lab- The CHAIRMAN pro tempore. The amendment rights. oratories and got people out, raised the gentleman from Ohio (Mr. NEY) has 11⁄2 Now, you will probably hear someone money, got them involved. minutes remaining; the gentleman say they can have ads through PAC I am for Shays-Meehan. from Maryland (Mr. HOYER) has 21⁄2 money. Well, what if you do not have a The CHAIRMAN pro tempore (Mr. minutes remaining and the right to PAC? What if your PAC does not have THORNBERRY). The gentleman from close. any money? The point is, you should Ohio (Mr. NEY) has 11⁄2 minutes remain- Mr. NEY. Mr. Chairman, I yield my- not have to have a PAC in order to ex- ing; the gentleman from Maryland (Mr. self the balance of my time. press your first amendment rights; and HOYER) has 21⁄2 minutes remaining; the Mr. Chairman, we have heard all day we, under Ney-Wynn, do not interfere gentleman from Connecticut (Mr. about ‘‘sham issue ads’’ that are really with those rights. SHAYS) has 31⁄2 minutes remaining. just attack ads designed to influence

VerDate Feb 14 2002 00:47 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.264 pfrm03 PsN: H13PT2 H464 CONGRESSIONAL RECORD — HOUSE February 13, 2002 the election. It is said that these ads long and good fight. They have kept Myrick Ros-Lehtinen Tauzin have ‘‘undermined the intent’’ of the the faith with their principles and Nethercutt Royce Taylor (NC) Ney Ryan (WI) Terry 1974 Federal Election Campaign Act their premises, and I think that they Northup Ryun (KS) Thomas which was supposed to regulate cam- have acted in the highest traditions of Norwood Schaffer Thornberry paign-related expenditures. I will tell legislators seeking to put forward poli- Nussle Schrock Tiahrt Otter Sensenbrenner my colleagues something. I am not too cies to make their country better. I, on Tiberi Oxley Sessions Toomey Paul Shadegg concerned about what the Democrats behalf of all of us, want to thank both Upton Pence Shaw who controlled this Congress in 1974 in- the gentleman from Connecticut (Mr. Vitter Peterson (PA) Sherwood tended when they wrote the Federal SHAYS) and the gentleman from Massa- Pickering Shimkus Walden Election Campaign Act. I am con- chusetts (Mr. MEEHAN) for their work. Pitts Shows Watkins (OK) cerned about what the founders of this We now end this debate. As I said at Pombo Shuster Watts (OK) Weldon (FL) country intended when they wrote the the beginning, if we adopt this amend- Portman Simpson Pryce (OH) Skeen Weller Bill of Rights in 1791. ment, we essentially start over. At Putnam Smith (MI) Whitfield I want my colleagues to consider least eight times we have made a deter- Radanovich Smith (NJ) Wicker something. Imagine if King of England mination not to do this. This is the Regula Souder Wilson (NM) had written to James Madison and ninth time. Let us once again say that Rehberg Stearns Wilson (SC) Reynolds Stump Wynn said, ‘‘James, this whole revolution we are prepared to move. We are pre- Rogers (KY) Sununu Young (AK) thing has been a big misunderstanding. pared to act. We are prepared to take a Rogers (MI) Sweeney Young (FL) I have seen a draft of your proposed step in reforming campaign finance re- Rohrabacher Tancredo Bill of Rights and I think we can reform. We are prepared to take a step to NOES—248 solve our differences. I do not have any raise the confidence of Americans that Abercrombie Ganske McCarthy (NY) problem with freedom of speech, and I their representatives, their govern- Ackerman Gephardt McCollum am willing to let you criticize me and ment, their policies that are adopted Allen Gilchrest McDermott Andrews Gilman McGovern my policies any way you want. All I by all of us are theirs. Baca Gonzalez McHugh ask is that you report to me the names This is an historic night. Rarely do Baird Gordon McIntyre of all people who share your opinions. we have the opportunity to vote on Baldacci Graham McKinney Also, while I am willing to let you say Baldwin Green (TX) McNulty such significant historical change. I Barr Green (WI) Meehan anything you want about me, I would ask my colleagues to vote ‘‘no’’ on Barrett Greenwood Meek (FL) ask that you not disseminate your crit- Ney-Wynn and to vote ‘‘yes’’ for final Bass Grucci Meeks (NY) icism too widely. One hundred critical passage of Shays-Meehan. Becerra Gutierrez Menendez Bentsen Hall (OH) Millender- pamphlets is enough; 1,000 is just piling Mr. Chairman, I yield back the bal- Bereuter Harman McDonald on. If you have to send 1,000 I just ask ance of my time. Berkley Hart Miller, George that you raise the money to finance The CHAIRMAN pro tempore. The Berman Hastings (FL) Mink the printing costs in small chunks Berry Hill Mollohan question is on the amendment in the Bishop Hilliard Moore from a broad group of donors. I know nature of a substitute offered by the Blagojevich Hinchey Moran (VA) this may be inconvenient and could gentleman from Ohio (Mr. NEY). Blumenauer Hinojosa Morella hinder your ability to get your mes- The question was taken; and the Boehlert Hoeffel Murtha Bonior Holden Nadler sage out, but I really do not think it is Chairman pro tempore announced that Borski Holt Napolitano an unreasonable request. Please, let us the ayes appeared to have it. Boswell Honda Neal Boyd Hooley Oberstar be reasonable and work together on RECORDED VOTE this issue.’’ Brady (PA) Horn Obey Mr. HOYER. Mr. Chairman, I demand Brown (FL) Hostettler Olver We all know what Madison’s reaction a recorded vote. Brown (OH) Houghton Ortiz would have been: No thank you, Your A recorded vote was ordered. Capps Hoyer Osborne Capuano Inslee Ose Highness. The vote was taken by electronic de- That is why the first amendment to Cardin Israel Owens vice, and there were—ayes 181, noes 248, Carson (IN) Jackson (IL) Pallone our Constitution begins, ‘‘Congress not voting 6, as follows: Carson (OK) Jackson-Lee Pascrell shall make no law abridging the free- Castle (TX) Pastor dom of speech.’’ The freedom of our [Roll No. 33] Clay Jefferson Payne AYES—181 Clayton Johnson (CT) Pelosi citizens to criticize their elected lead- Clement Johnson (IL) Peterson (MN) Aderholt Culberson Hilleary ers makes us the greatest democracy in Clyburn Johnson, E. B. Petri Akin Cunningham Hobson Condit Jones (OH) Phelps the world, and that is what makes us Armey Davis, Jo Ann Hoekstra Conyers Kanjorski Platts different from dictators. Yet, now Bachus Davis, Tom Hulshof Costello Kaptur Pomeroy Baker DeLay Hunter today in the name of ‘‘reform,’’ we are Coyne Kennedy (RI) Price (NC) Ballenger DeMint Hyde asked to turn our back on that great Cramer Kildee Quinn Barcia Diaz-Balart Isakson Crowley Kilpatrick Rahall legacy. Bartlett Doolittle Issa Cummings Kind (WI) Ramstad Well, I am not going to do it. Like Barton Dreier Istook Davis (CA) Kirk Rangel Biggert Duncan Jenkins every Member of this body, I took an Davis (FL) Kleczka Reyes Bilirakis Dunn John oath to preserve, protect, and defend Davis (IL) Kucinich Rivers Blunt Ehlers Johnson, Sam Deal LaFalce Rodriguez the Constitution of the United States Boehner Ehrlich Jones (NC) DeFazio LaHood Roemer Bonilla English Keller of America. I do not intend to break DeGette Lampson Ross Bono Everett Kelly the oath to satisfy the editorial board Delahunt Langevin Rothman Boozman Ferguson Kennedy (MN) DeLauro Lantos Roybal-Allard of the New York Times, and neither Boucher Flake Kerns Deutsch Largent Rush should you. Support Ney-Wynn. Brown (SC) Fletcher King (NY) Dicks Larsen (WA) Sabo Bryant Forbes Kingston Mr. HOYER. Mr. Chairman, I yield Dingell Larson (CT) Sanchez Burr Fossella Knollenberg myself the balance of the time to close. Doggett Leach Sanders Burton Frost Kolbe Dooley Lee Sandlin Mr. Chairman, this has been a long Buyer Gekas Latham Doyle Levin Sawyer day, a long night, and an early morn- Callahan Gibbons LaTourette Edwards Lewis (GA) Saxton Calvert Gillmor Lewis (CA) ing. I think the quality of debate, for Emerson LoBiondo Schakowsky Camp Goode Lewis (KY) the most part, has been very good. I Engel Lofgren Schiff Cannon Goodlatte Linder Eshoo Lowey Scott think there has been respect on not Cantor Goss Lipinski Etheridge Lucas (KY) Serrano Capito Granger Lucas (OK) only both sides of the aisle, but there Evans Luther Shays Chabot Graves Manzullo has been a bipartisanship of action. On Farr Lynch Sherman Chambliss Gutknecht McCrery Fattah Maloney (CT) Simmons behalf, I think, of all of us, I want to Coble Hall (TX) McInnis Filner Maloney (NY) Skelton congratulate the gentleman from Mas- Collins Hansen McKeon Foley Markey Slaughter Combest Hastert Mica sachusetts (Mr. MEEHAN) and the gen- Ford Mascara Smith (TX) Cooksey Hastings (WA) Miller, Dan tleman from Connecticut (Mr. SHAYS). Frank Matheson Smith (WA) Cox Hayes Miller, Gary Frelinghuysen Matsui Snyder Whether we agree or disagree with ei- Crane Hayworth Miller, Jeff Gallegly McCarthy (MO) Solis ther one of them, they have fought a Crenshaw Herger Moran (KS)

VerDate Feb 14 2002 01:04 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K13FE7.267 pfrm03 PsN: H13PT2 February 13, 2002 CONGRESSIONAL RECORD — HOUSE H465 Spratt Thurman Watson (CA) 5, 2002 (or any runoff election or recount re- Our democracy works through de- Stark Tierney Watt (NC) sulting from an election in 2002) and so long bate, and that is what makes us great. Stenholm Towns Waxman as such debts or obligations were not in- Strickland Turner Mr. Speaker, I yield back the balance Weiner curred for any expenditures (activities re- Stupak Udall (CO) of my time. Weldon (PA) quired to be paid for with ‘‘hard money’’) Tanner Udall (NM) Wexler The SPEAKER pro tempore. Without Tauscher Velazquez under such Act. Nothing in this paragraph Wolf objection, the previous question is or- Taylor (MS) Visclosky Woolsey may allow such funds (commonly known as Thompson (CA) Walsh Wu ‘‘soft money’’) to be used to pay for any dered on the motion to recommit. Thompson (MS) Wamp debts or obligations incurred for any Federal There was no objection. Thune Waters election expenditures under such Act (‘‘hard The SPEAKER pro tempore. The NOT VOTING—6 money’’ activities). question is on the motion to recommit. Brady (TX) Hefley Roukema The SPEAKER pro tempore. The gen- The motion to recommit was agreed Cubin Riley Traficant tleman from Massachusetts (Mr. MEE- to. b 0218 HAN) is recognized for 5 minutes. Mr. NEY. Mr. Speaker, pursuant to Mr. MEEHAN. Mr. Speaker, I have a the instructions of the House on the So the amendment in the nature of a motion to recommit the bill to the motion to recommit, and on behalf of substitute was rejected. Committee on House Administration the Committee on House Administra- The result of the vote was announced forthwith with instructions to clarify tion, I report the bill, H.R. 2356, back as above recorded. language related to the effective date, to the House with an amendment. The CHAIRMAN pro tempore (Mr. specifically how national parties may The SPEAKER pro tempore. The THORNBERRY). There being no further spend soft money on hand after Novem- Clerk will report the amendment. amendments, under the rule, the Com- ber 6. The Clerk read as follows: mittee rises. It was clearly our intent that such Amendment: Accordingly, the Committee rose; soft money could not be used to pay off Amend section 402(b)(1) to read as follows: and the Speaker pro tempore (Mr. hard money debt. In fact, I continue to (1) Prior to January 1, 2003, the committee HASTINGS of Washington) having as- believe our language accomplishes may spend such funds to retire outstanding sumed the chair, Mr. THORNBERRY, that. However, others have argued that debts or obligations incurred prior to such Chairman pro tempore of the Com- the language was ambiguous on this effective date, so long as such debts or obli- mittee of the Whole House on the State issue. Accordingly, this motion to re- gations were incurred solely in connection with an election held on or before November of the Union, reported that that Com- commit would make it crystal clear mittee, having had under consideration 5, 2002 (or any runoff election or recount re- that the national parties could not sulting from an election in 2002) and so long the bill (H.R. 2356) to amend the Fed- used any leftover soft money to pay off as such debts or obligations were not in- eral Election Campaign Act of 1971 to hard debts. I ask that the Members curred for any expenditures (activities re- provide bipartisan campaign reform, who so kindly pointed this out to us quired to be paid for with ‘‘hard money’’) pursuant to House Resolution 344, he join me in voting for this motion. under such Act. Nothing in this paragraph reported the bill, as amended by the In addition to that, as we end this de- may allow such funds (commonly known as final adoption of the amendment in the bate, I want to thank all the Members ‘‘soft money’’) to be used to pay for any debts or obligations incurred for any Federal nature of a substitute numbered 9 pur- for their cooperation, including the suant to that rule, back to the House election expenditures under such Act (‘‘hard gentleman from Ohio (Mr. NEY), last money’’ activities). with sundry further amendments night and also this morning. I want to Mr. HOYER (during the reading). Mr. adopted by the Committee of the thank all the courageous members of Speaker, I ask unanimous consent that Whole. our bipartisan coalition. I want to the amendment be considered as read The SPEAKER pro tempore. Under thank the minority leader and the mi- and printed in the RECORD. the rule, the previous question is or- nority whip. I want to thank all the The SPEAKER pro tempore. Is there dered. Members who signed the discharge pe- objection to the request of the gen- Is a separate vote demanded on any tition. And, lastly, I want to thank my tleman from Maryland? amendment? If not, the Chair will put partner in this effort, the leader of our There was no objection. them en gros. effort on the Republican side, the gen- The SPEAKER pro tempore. The The amendments were agreed to. tleman from Connecticut (Mr. SHAYS). question is on the amendment. In addition to that, I want to thank b 0220 The amendment was agreed to. the gentleman from Maryland (Mr. The SPEAKER pro tempore. The The SPEAKER pro tempore (Mr. HOYER) and the others who were so gra- question is on the engrossment and HASTINGS of Washington). The question cious in giving people time tonight, third reading of the bill. is on the engrossment and third read- and thank all the Members for their co- The bill was ordered to be engrossed ing of the bill. operation in this most difficult but his- and read a third time, and was read the The bill was ordered to be engrossed toric occasion. and read a third time, and was read the Mr. Speaker, I yield back the balance third time. third time. of my time. The SPEAKER pro tempore. The MOTION TO RECOMMIT OFFERED BY MR. MEEHAN The SPEAKER pro tempore. Who question is on the passage of the bill. Mr. MEEHAN. Mr. Speaker, I offer a seeks time in opposition? The question was taken; and the motion to recommit. Mr. NEY. Mr. Speaker, I rise to agree Speaker pro tempore announced that The SPEAKER pro tempore. Is the with the gentleman. the ayes appeared to have it. gentleman opposed to the bill? The SPEAKER pro tempore. Without RECORDED VOTE Mr. MEEHAN. In its current form. objection, the gentleman is recognized Mr. HOYER. Mr. Speaker, I demand a The SPEAKER pro tempore. The for 5 minutes. recorded vote. Clerk will report the motion to recom- There was no objection. A recorded vote was ordered. mit. Mr. NEY. Mr. Speaker, again, I stand The vote was taken by electronic de- The Clerk read as follows: to advise my side that I agree with this vice, and there were—ayes 240, noes 189, Mr. MEEHAN moves to recommit the bill motion to recommit. not voting 6, as follows: H.R. 2356 to the Committee on House Admin- Let me just say that this has been an [Roll No. 34] istration with instructions to report the energetic give and take of public de- AYES—240 same back to the House forthwith with the bate for quite a long time through the Abercrombie Bass Blumenauer following amendment: committee process, and we have many Ackerman Becerra Boehlert Amend section 402(b)(1) to read as follows: people that we can thank for giving of Allen Bentsen Bonior (1) Prior to January 1, 2003, the committee their spirit and their energy and their Andrews Bereuter Bono may spend such funds to retire outstanding Baca Berkley Borski debts or obligations incurred prior to such time, whichever side of the issue they Baird Berman Boswell effective date, so long as such debts or obli- were on. We all will move on, but I just Baldacci Berry Boyd gations were incurred solely in connection want to thank everybody involved with Baldwin Bishop Brady (PA) Barrett Blagojevich Brown (FL) with an election held on or before November this on the floor today.

VerDate Feb 14 2002 01:04 Feb 15, 2002 Jkt 099060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A13FE7.100 pfrm03 PsN: H13PT2 H466 CONGRESSIONAL RECORD — HOUSE February 13, 2002 Brown (OH) Israel Pallone Herger Miller, Jeff Sessions other purposes, which was referred to Capito Jackson (IL) Pascrell Hilleary Mollohan Shadegg the House Calendar and ordered to be Capps Jackson-Lee Pastor Hilliard Moran (KS) Shaw Capuano (TX) Payne Hobson Murtha Sherwood printed. Cardin Jefferson Pelosi Hoekstra Myrick Shimkus f Carson (IN) John Petri Hostettler Nethercutt Shows Carson (OK) Johnson (CT) Phelps Hulshof Ney Shuster COMMUNICATION FROM DISTRICT Castle Johnson (IL) Platts Hunter Northup Simpson AIDE TO HON. JOHN SHIMKUS, Hyde Norwood Skeen Clay Johnson, E. B. Pomeroy MEMBER OF CONGRESS Clayton Jones (OH) Price (NC) Isakson Nussle Smith (NJ) Clement Kanjorski Quinn Issa Otter Smith (TX) The Speaker pro tempore laid before Clyburn Kaptur Ramstad Istook Oxley Souder the House the following communica- Condit Kennedy (RI) Jenkins Paul Stearns Rangel tion from Angie Merriman, District Conyers Kildee Reyes Johnson, Sam Pence Stump Costello Kilpatrick Rivers Jones (NC) Peterson (MN) Sununu Aide to the Honorable JOHN SHIMKUS, Coyne Kind (WI) Rodriguez Keller Peterson (PA) Sweeney Member of Congress: Kelly Pickering Tancredo Cramer Kirk Roemer CONGRESS OF THE UNITED STATES, Crowley Kleczka Kennedy (MN) Pitts Tauzin Ros-Lehtinen HOUSE OF REPRESENTATIVES, Cummings Kucinich Ross Kerns Pombo Taylor (NC) King (NY) Portman Terry Washington, DC, February 8, 2002. Davis (CA) LaFalce Rothman Kingston Pryce (OH) Thomas Hon. J. DENNIS HASTERT, Davis (FL) Lampson Roybal-Allard Knollenberg Putnam Thompson (MS) Davis (IL) Langevin Rush Speaker, House of Representatives, Kolbe Radanovich Thornberry DeFazio Lantos Sabo Washington, DC. LaHood Rahall Tiahrt DeGette Larsen (WA) Sanchez DEAR MR. SPEAKER: This is to formally no- Largent Regula Tiberi Delahunt Larson (CT) Sanders tify you, pursuant to Rule VIII of the Rules Latham Rehberg Toomey DeLauro LaTourette Sandlin Lewis (CA) Reynolds Vitter of the House of Representatives, that I have Deutsch Leach Sawyer Lewis (KY) Rogers (KY) Walden been served with a subpoena for testimony Dicks Lee Schakowsky Linder Rogers (MI) Watkins (OK) issued by the United States District Court Dingell Levin Schiff Lipinski Rohrabacher Watts (OK) for the Central District of Illinois in a crimi- Doggett Lewis (GA) Serrano Dooley LoBiondo Lucas (OK) Royce Weldon (FL) nal case pending there. Shays Doyle Lofgren Manzullo Ryan (WI) Weller After consultation with the Office of Gen- Sherman Edwards Lowey McCrery Ryun (KS) Whitfield eral Counsel, I have determined that it is Simmons Engel Lucas (KY) McInnis Saxton Wicker Skelton consistent with the precedents and privileges Eshoo Luther McKeon Schaffer Wilson (NM) Slaughter of the House to comply with the subpoena. Etheridge Lynch Mica Schrock Wilson (SC) Smith (MI) Sincerely, Evans Maloney (CT) Miller, Dan Scott Young (AK) Smith (WA) ANGIE MERRIMAN, Farr Maloney (NY) Miller, Gary Sensenbrenner Young (FL) Snyder Fattah Markey District Aide to Solis NOT VOTING—6 Ferguson Mascara Congressman John Shimkus. Spratt Brady (TX) Hefley Roukema Filner Matheson f Foley Matsui Stark Cubin Riley Traficant Ford McCarthy (MO) Stenholm SPECIAL ORDERS GRANTED Frank McCarthy (NY) Strickland b 0242 Frelinghuysen McCollum Stupak So the bill was passed. By unanimous consent, permission to Frost McDermott Tanner address the House, following the legis- Tauscher The result of the vote was announced Ganske McGovern lative program and any special orders Gephardt McHugh Taylor (MS) as above recorded. Gilchrest McIntyre Thompson (CA) A motion to reconsider was laid on heretofore entered, was granted to: Gilman McKinney Thune the table. The following Member (at the request Thurman Gonzalez McNulty f of Mr. MCNULTY) to revise and extend Gordon Meehan Tierney Towns her remarks and include extraneous Graham Meek (FL) AUTHORIZING THE CLERK TO material: Green (TX) Meeks (NY) Turner MAKE CORRECTIONS IN EN- Greenwood Menendez Udall (CO) Mrs. MINK of Hawaii, for 5 minutes, Grucci Millender- Udall (NM) GROSSMENT OF H.R. 2356, BIPAR- today. Gutierrez McDonald Upton TISAN CAMPAIGN REFORM ACT The following Member (at the request Velazquez Hall (OH) Miller, George OF 2001 of Mr. REYNOLDS) to revise and extend Harman Mink Visclosky Hastings (FL) Moore Walsh Mr. REYNOLDS. Mr. Speaker, it is his remarks and include extraneous Hill Moran (VA) Wamp great at 2:45 a.m. to see a Committee material: Hinchey Morella Waters on Rules member at the rostrum, be- Mr. SHIMKUS, for 5 minutes, February Hinojosa Nadler Watson (CA) 14. Hoeffel Napolitano Watt (NC) cause it is usually you and I and the Holden Neal Waxman distinguished staff around you; but to- f Holt Oberstar Weiner night we are joined by the entire House Honda Obey Weldon (PA) as I ask unanimous consent that, in the ENROLLED BILL SIGNED Hooley Olver Wexler Mr. Trandahl, Clerk of the House, re- Horn Ortiz Wolf engrossment of the bill, H.R. 2356, the Houghton Osborne Woolsey Clerk be authorized to correct section ported and found truly enrolled a bill Hoyer Ose Wu numbers, punctuation, and cross-ref- of the House of the following title, Inslee Owens Wynn erences and to make such other tech- which were thereupon signed by the Speaker: NOES—189 nical and conforming changes as may be necessary to reflect the actions of H.R. 2998. An act to authorize the estab- Aderholt Cannon Emerson lishment of Radio Free Afghanistan. Akin Cantor English the House. Armey Chabot Everett The SPEAKER pro tempore (Mr. f Bachus Chambliss Flake HASTINGS of Washington). Is there ob- BILL PRESENTED TO THE Baker Coble Fletcher jection to the request of the gentleman Ballenger Collins Forbes from New York? PRESIDENT Barcia Combest Fossella Barr Cooksey Gallegly There was no objection. Jeff Trandahl, Clerk of the House re- Bartlett Cox Gekas f ports that on February 13, 2002 he pre- Barton Crane Gibbons sented to the President of the United Biggert Crenshaw Gillmor REPORT ON RESOLUTION PRO- States, for his approval, the following Bilirakis Culberson Goode VIDING FOR CONSIDERATION OF Blunt Cunningham Goodlatte bill: H.J. Res. 82. Recognizing the 91st SENATE AMENDMENTS TO H.R. birthday of Ronald Reagan. Boehner Davis, Jo Ann Goss 622, HOPE FOR CHILDREN ACT Bonilla Davis, Tom Granger f Boozman Deal Graves Mr. REYNOLDS, from the Com- Boucher DeLay Green (WI) mittee on Rules, submitted a privi- ADJOURNMENT Brown (SC) DeMint Gutknecht Bryant Diaz-Balart Hall (TX) leged report (Rept. No. 107–359) on the Mr. MCNULTY. Mr. Speaker, I move Burr Doolittle Hansen resolution (H. Res. 347) providing for that the House do now adjourn. Burton Dreier Hart consideration of the Senate amend- The motion was agreed to; accord- Buyer Duncan Hastert ments to the bill (H.R. 622) to amend ingly (at 2 o’clock and 45 minutes Callahan Dunn Hastings (WA) Calvert Ehlers Hayes the Internal Revenue Code of 1986 to a.m.), the House adjourned until today, Camp Ehrlich Hayworth expand the adoption credit, and for Thursday, February 14, 2002, at 10 a.m.

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