E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, THURSDAY, OCTOBER 9, 1997 No. 140 Senate The Senate met at 12 noon and was SCHEDULE oxymoron list of the 1990’s—the oppo- called to order by the President pro Mr. LOTT. Mr. President, following 1 nents of this ill-advised attack on free tempore [Mr. THURMOND]. hour of debate, a vote will occur on the speech have just about worn everybody motion to invoke cloture with respect out, even in Washington where people PRAYER to the campaign finance reform bill. If actually talk about such topics over The Chaplian, Dr. Lloyd John cloture is not invoked, a cloture vote dinner. Some months ago, thanks to the dis- Ogilvie, offered the following prayer: will then occur on the Lott amendment tinguished Senator from Kentucky, I Blessed God, whose love never lets us dealing with paycheck protection to S. spoke on this issue and made what I go, whose mercy never ends, whose 25. Therefore, Members can anticipate thought was a pretty fair defense of strength is always available, whose two back-to-back rollcall votes at ap- guidance shows us the way, whose spir- free political discourse when the dis- proximately 1 p.m. I will notify Mem- tinguished Senator from South Caro- it provides us supernatural power, bers as to the rest of the day. We are lina proposed withdrawing first amend- whose presence is our courage, whose working now with the Democratic lead- ment protection from that same polit- joy invades our gloom, whose peace er to see if we can get some under- ical discourse. Senator HOLLINGS, by calms our pressured hearts, whose light standing as to how we will proceed the way, was up front. He was candid in illuminates our paths, whose goodness throughout the remainder of the day his approach, as opposed to the current provides the wondrous gifts of loved and, of course, how we will conclude proposals of so-called reform. ones and family and friends, whose will the week’s schedule. Having been through at least three has brought us to the awesome tasks of It is hoped that the Senate will be campaign reform efforts in the House today, and whose calling lifts us above able to vote on the VA–HUD appropria- of Representatives as a member of the self-centeredness to others-centered tions conference report. I believe that then Administration Committee and servanthood. We dedicate all that we is pretty well agreed to. We are also goodness knows how many campaign have and are to serve You today with hoping we will be able to get the papers task forces, and having paid attention unreserved faithfulness and unfailing and have a vote on the Transportation to the current debate, I have been hard loyalty. appropriations conference report, if a pressed to figure out what can be said You are with us today watching over recorded vote is required. And we hope that has not been said. However, it ap- all that happens to us. You go before us to have some discussion today on the pears as if there is a sure bet in regard to guide each step of the way. You are ISTEA authorization bill. We have re- to this topic. It is that those who insist beside us as our companion and friend, quests from Senators for a block of that they propose reform, regardless of and You are behind us to gently prod time around 4 o’clock. But we are try- the consequences, and wave their re- us when we lag behind with caution or ing now to get an understanding of how form banners from self-consecrated, reluctance. Through our Lord and Sav- we will proceed through the remainder high moral ground, they never seem to iour. Amen. of the day. Once that is worked out, we suffer from arm fatigue. When it comes will notify all the Members. Of course, to campaign reform, the high road of f we could have some action on the Exec- humility is not bothered by heavy traf- utive Calendar, in addition, before we fic in this town. RECOGNITION OF THE MAJORITY go out tonight. Despite the fact there is no clear con- LEADER I yield the floor, Mr. President. sensus or a majority in the Senate re- The PRESIDENT pro tempore. The Mr. ROBERTS addressed the Chair. garding alleged campaign reform, there able majority leader is recognized. The PRESIDING OFFICER. The Sen- is no mercy from the proponents of the ator from Kansas. effort to further federalize the Amer- f f ican electoral system, and we will ap- parently debate and vote, debate and UNANIMOUS-CONSENT AGREEMENT BIPARTISAN CAMPAIGN REFORM vote and say the same things over and Mr. LOTT. Mr. President, I ask unan- ACT OF 1997—CLOTURE MOTION over and over and over again. I would imous consent that the routine re- Mr. ROBERTS. Mr. President, I am surmise this is going to get a little quests through the morning hour be making today one of those ‘‘I did not tiresome, if not painful. But apparently granted, and that the Senate imme- intend to make a speech, but here I am the failure of past reforms does not diately proceed to 1 hour of debate. making a speech’’ speeches. I think deter or change the minds of current The PRESIDING OFFICER (Mr. most would agree that opponents of so- reformers. DEWINE). Without objection, it is so or- called campaign reform—a term, by Well, when you know all the answers, dered. the way, which should top the you haven’t asked all the questions.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S10719

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VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10720 CONGRESSIONAL RECORD — SENATE October 9, 1997 But in this debate, there is a new too much to set priorities on how those mental protection. I might support axiom: The fewer the facts, the strong- trillions will affect our daily lives and part of that. Opposition to a balanced er the opinions, and apparently the less pocketbooks in the next generations of budget; reduced defense spending; op- a thing can be proven, the angrier we Americans? Compared to what? position to current welfare reform. get when we argue about it. Americans spend $20 billion on dry I am not trying to perjure these posi- Nevertheless, I think we have an ob- cleaning and laundry. One 30-second tions. They are honest positions. The ligation to at least try to set the Super Bowl ad could finance three AARP, AFL–CIO, Common Cause, and record straight in regard to this issue campaigns for Congress. Columnist the many so-called nonprofit consumer and, in that regard, I would like to George Will points out that millions of groups have every right to express make the following observations: Americans gave $2.6 billion to 476 con- their views, and they do. These issues First, the distinguished Democratic gressional campaigns and still had are bigtime stuff. How we decide these leader of the Senate, Senator DASCHLE, enough left over to spend $4.6 billion on issues will affect the daily lives, pock- a good friend, stated on the floor that potato chips. We can apply the same etbooks, and future of every member of there should be no confusion—no con- thing to yogurt or almost anything the these organizations, every American. fusion—that the question is, do you American people will spend their hard- Organized labor should weigh in. Boy, support meaningful reform in response earned dollars on. they sure as heck did in the last elec- to the hearings regarding all of the il- While having the privilege of pre- tion in my campaign. But so should the legal campaign activities apparently siding in this body, I remember well business community and farmers and conducted in the last Presidential cam- the chart displayed by proponents of ranchers and small business Main paign. this bill. It showed the so-called dra- Street America, and all of the folks The only problem with the Senator’s matic increase in campaign spending who might just disagree on how we get statement is that the campaign finance since 1976. It did not show the causes— there from here on these issues. The reform bill is not reform. Let me re- the increase in postage, radio, TV, truth of it is this reform is skewed to peat that, it is a reform bill that is not newspaper ads, printing, phone banks, a particular political point of view. It reform. It will not work. It again leads campaign workers, all of that. It did is called unilateral retreat from the po- us down the road to a maze of election not show virtually everything else that litical playing field for those who have laws, rules, and regulations that favor Americans must purchase in this coun- a political view different from you, but incumbents, restricts desired political try has also increased—homes, edu- we will continue our vote, our vote participation on the part of the Amer- cation, automobiles, health care—not buying, really, through the Federal ican people, and would tripwire honest to mention the purchasing power of the budget. candidates and citizens into criminal individual citizen. Take the proposal to ban so-called acts. To make matters worse, the bill Senator MCCONNELL has pointed out soft money. Ban soft money and all of is fundamentally flawed and is what I that in 1996, we had a pretty high- the interest groups whose future is and hope—I hope—is an unintended attack stakes election, a very important elec- will be decided in part by the decisions on the most basic right of individuals tion. There was a fierce ideological of those who propose the ban will sim- guaranteed by our Constitution, and battle over the future of this country. ply bypass the Republican and Demo- that is the right of free speech, the On a per eligible voter basis, the con- cratic Parties and will conduct their right written first, the right without gressional elections cost $3.89. Every own campaigns, and we will have a fur- which no other right can long exist. voter in America, dividing it up equal- ther weakening of the two-party sys- Well, I know that people who think ly, is $3.89, about 4 bucks. The Senator tem. That is wrong. That is detri- they know it all often annoy those of pointed out that that is roughly the mental. us who really do, but for the life of me, cost of a McDonald’s extra value meal. I know soft money has become a pej- how this concoction can be labeled or The second major flaw I think in orative, but, in fact, it is the only disguised as ‘‘reform’’ is beyond me. McCain-Feingold is that no matter how money spent today on campaigns by Senator MCCONNELL said it best when you try to regulate or cap the flow of the American people that is not under he stated: money to campaigns, it reappears, control of the Federal Government. We My goal is to redefine reform, to move the most of the time in the murky and ille- haven’t got our fishhooks into the reg- debate away from arbitrary limits and to- gal shadows with little or no public dis- ulations and redtape and all that goes ward expanded citizen participation and po- closure. Witness the circumvention of with it. litical discourse. current campaign laws in regard to the Are we really saying, Mr. President, He said McCain-Feingold is a failed money laundering scheme among cer- are we really saying that in America approach. It is. We already have it in tain interest groups, the Democratic citizens and various interests groups the Presidential system. It is a failure. National Committee and the Teamsters whose very economic future depends on So, for all the good press and good in- Union. the decisions we make in this Congress tentions, McCain-Feingold is a bad bill. To make matters worse, McCain- cannot support or oppose those can- Why? The basic premise of the bill is Feingold compounds the felony. In- didates? Think about it. ‘‘I’m sorry, flawed, Mr. President. That premise is stead of focusing on blatant violations you cannot invest in good government, that too much money is corrupting pol- of current law, the reformers want to you cannot express your point of view itics. No, it is not. place limits on money spent to support independent from the FEC.’’ There are Oh, now, now, I realize that our oppo- or defeat candidates for election. many countries in which that is the nents and all of the so-called special And therein, Mr. President, lies the case—China, Iraq, Iran, North Korea. I interest groups—those groups who do ‘‘Aha!’’ of this current debate, what is do not think we want to go down that not agree with us—they have too much really going on. As Paul Harvey says, road. money, I know that. And I realize when the rest of the story. It is pretty sim- ‘‘I am sorry, Farmer Jones, you can- they spend it on negative ads opposing ple, really. Just take the interest not run an ad or distribute a handbill me or positions that I favor, that groups who are pushing for this so- opposing PAT ROBERTS in his freedom- spending should be banned or limited called reform and then take a look at to-farm bill 60 days before the election. —boy, I’m for that—or at least capped. their legislative agenda. I wrote it That’s soft money. You can’t do it.’’ Too much spending? Compared to down. I had a staff member go through The same thing for farm organizations what? The Citizens Research Founda- it. All the interest groups that are for or commodity groups—unless, of tion has reported that campaign spend- campaign finance reform and then course, you are a newspaper or a labor ing for all offices in 1996 added up to their legislative agenda: union. about $4 billion. All offices of the Nationalized health insurance; status How do you define a newspaper, by United States, $4 billion. That is a lot quo on Medicare and Social Security— the way? It used to be to be a news- of money. But that compares to one- this is my version; increased Federal paper you had a hatrack, and then you twentieth of 1 percent of the gross do- role in education; opposition to liabil- had a typewriter, and you had a letter mestic product in our country of $7.6 ity and tort reform; opposition to tax press, and you had somebody run it. trillion. One-twentieth of 1 percent is cuts; increased Federal role in environ- You had a list. You had advertisers.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10721 You had to get your printing equip- jumps ahead of Washington and any the gallery are represented by corpora- ment somewhere. You had the local proponent of reform we have in this tions that would have no prohibition printing contract for the county. body. ‘‘That would be genuine reform.’’ whatsoever. Cox Broadcasting, one of Today, a newspaper is when you have I yield the floor. the largest communications institu- a computer. You can manufacturer Mr. MCCONNELL addressed the tions in the world, could say anything your own newspaper—Pat Roberts Chair. it chose through all of its affiliates, the Weekly News, published every day. I do The PRESIDING OFFICER. The Sen- Atlanta papers, their cable television, not know how you are going to define ator from Kentucky. whatever, could say anything they this. Who is going to be in charge? Mr. MCCONNELL. I want to take a chose about any candidate, their mo- Finally, let me stress the most seri- moment to thank my good friend from tives for or against any vote as often as ous flaw in the McCain-Feingold bill, Kansas for really an excellent speech they wanted at any time they chose and that is money spent to express and important contribution in this de- under this legislation, but Georgia Pa- your views or the views of voters can- bate. Not only was he right on the cific, which grows trees, could not. not be regulated or banned without mark, he was fun to listen to. I want to know, what is the dif- being at odds with the first amend- Mr. President, I yield the floor. ference between corporation A that ment. We simply cannot improve the Mr. COVERDELL addressed the happens to print a newspaper and cor- integrity of any political system by re- Chair. poration B that happens to grow trees? stricting the political speech under the The PRESIDING OFFICER. The Sen- The forefathers said there shall be no banner of reform. ator from Georgia. difference. But this legislation says Speech controls in the last 60 days of Mr. COVERDELL. Mr. President, I, that we will manage the difference a campaign envisioned in the bill rep- too, commend the Senator from Kansas here. Cox Communications, say any- resent the lawyer full-employment act. for his illuminating remarks and the thing you want. Georgia Pacific, you’re Just read the provisions exempting the Senator from Kentucky for enduring out. Shove off. voter guides and try to figure it out. this process for now years. It picks certain kinds of corporations Well, finally, I must say, with all due I want to come to the reference to that are at liberty to participate and respect—this may be viewed as a little the Constitution by the Senator from others that are removed from partici- partisan on my part—but with all due Kansas. The Constitution that says pation. That is an abridgement of the respect, that the administration’s posi- that: Congress shall enact no law to Constitution. tion in regard to campaign finance rep- abridge speech. Let us come to this business of asso- resents a new threshold for what is po- It does not say there are no exemp- ciation, the right to associate, to say litical chutzpah. Here we have evidence tions. It says the Congress shall enact what you want, and what constitutes presented before the Senate Govern- no law to abridge speech. free speech. mental Affairs Committee itemizing Let us put this in context. This lan- In those days there were pamphlets. campaign malfeasance that includes guage is in the first amendment of the Now it is television and radio, tele- everything from Buddhist nuns; un- Bill of Rights which grants us the right communications and computers. This precedented misuse of our Nation’s in- to speak as we would, the right to wor- legislation says free speech is only telligence agencies—let me repeat, un- ship as we would, the right to assem- given to certain kinds of institutions precedented misuse of the CIA for cam- ble, which is also part of this debate, and it is denied others. You know, the paign activities—that is unprece- and the right to petition our Govern- basic right to assemble, it says to dented; money laundering in exchange ment without fear. those people, you can assemble, but, for taking sides in a Teamsters elec- All of us would like to see the cam- boy, you cannot say anything about a tion; a fugitive influence peddler paign process improved. There have campaign for the 2 months before it. bribing his way to the President’s been many who have mentioned trans- You cannot mention a candidate’s side—he did not get his way, thank parency or disclosure, making sure name. You cannot participate. You goodness—soft money turned to hard, that the American people know what is cannot express your view, if you are for circumventing existing campaign lim- happening and when it is happening or against a candidate. its; and now missing tapes of the White and trust in their judgment to make So it is not only a violation of the House coffees or fundraisers. good decisions about whether they like principle of freedom of speech, but it is In answer to all of this, Mr. Presi- it or do not. a violation of the principle of assem- dent, the people who have been caught This legislation abridges the Con- bly. The forefathers envisioned peo- with their hands in the campaign viola- stitution, begins to manage speech, ple—the Farm Bureau—people coming tion cookie jar say we need a new cook- picks winners and losers, and attacks together to make a case, to speak to an ie jar. President Clinton stating he will the fundamental rights of assembly. issue. This says, ‘‘No; that’s a deter- take the bully pulpit for campaign fi- You have to go back. In the early rent in our society. We’re going to have nance reform is like somebody charged days, particularly 1775, before you to manage you. And we’re going to re- with drunk driving insisting we lower could create a society or an association move you from the political process.’’ the speed limit for everybody else. in the United Kingdom—which was the The last point I will make, Mr. Presi- Mr. President, in regard to President genesis of all the secret societies. The dent, is this: After you have tried to Clinton, the administration and the forefathers here knew of all of this ac- manage these processes, and you have proponents of reform that is not re- tivity. So that is why they framed the given some people freedom of speech form, the greatest of faults is to be language that Congress shall enact no and others not, some that can assemble conscious of none. In this regard, I do law to abridge freedom of speech or the and some that cannot, what have you not mean to malign the President or right to associate. They had vivid ended up with, outside of abridging the my dear friends across the aisle, but memories of governments that prohib- Constitution? You have reinforced the this is not reform. I urge a ‘‘no’’ vote ited and managed speech and threat- power of incumbents. Because if the on cloture. Let us get on with the busi- ened and intimidated people who spoke money can only flow to candidates, ness of the Senate in the United freely and forbid organizations from which candidate is it going to flow to? States. joining together for the purpose of pe- The incumbent in power or the chal- Oh, and real campaign reform? As titioning or speaking out. The lan- lenger? The person that is more known stated by Robert Samuelson in his col- guage in the Constitution is derived and has access to the facilities of that umn in Newsweek, ‘‘The best defense from the fear those people had of what power or the person that is on the out- against the undue influence of money goes on when governments tell people side? is to let candidates raise it from as what they can say and when they can Well, you do not have to be a rocket many sources as possible—and most say it. scientist to know the money will flow important—’’ most important, do not This legislation picks corporations to the incumbent. You can call this the infringe upon the first amendment, that can say anything they want and Incumbent Protection Act. It will be a ‘‘let the public see who is giving.’’ picks other corporations and says they magnet. It will move money to power. They can figure it out. They are six cannot say anything. People up here in And it intimidates and chills people

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10722 CONGRESSIONAL RECORD — SENATE October 9, 1997 from speaking out, which has been— up a bill that reasonable people dis- that our bill would protect incumbents. you know, the genesis of all American agree about with regard to one aspect Well, it is rare I’m on the floor and I glory is our freedom. The genesis of all of its constitutionality? What is the just laugh out loud, but how can a sys- American glory is that we have been a threat to the Republic? Nothing, unless tem that already exists and has a 90- free people, and it has made us behave we have somehow eliminated the third percent reelection rate for incumbents in unique ways. We are bold. We are vi- branch. get much more proincumbent? What sionary. We are builders. And we are Then, of course, we have been treated are we going to do, force people to stay not afraid. This kind of legislation again to my favorite argument in oppo- in office? Are we going to have instead chills and separates and is not healthy sition to this bill, that there is not of term limits, term requirements—you to the Republic. enough money in politics. We heard it have to stay here? It is absurd to sug- Mr. President, I yield the floor. again today. gest that our bill would have any im- Mr. FEINGOLD addressed the Chair. I have to tell you, that argument has pact to protect incumbents. It is just The PRESIDING OFFICER. The Sen- proven to be the biggest loser of all the opposite. ator from Wisconsin. with the American people. Does anyone If we had a fair chance to raise the Mr. FEINGOLD. Thank you, Mr. really believe that the best thing that issue, we would have brought up what President. can happen in this society is that more Senator MCCAIN and I like to call the This morning we have another oppor- money gets spent on election? challenger amendment to provide in- tunity to speak again about this issue, Let’s remember what Mr. Tamraz centives and opportunities for can- campaign finance reform, which many said before the Governmental Affairs didates who cannot afford a great deal people wish would go away but it is not Committee on September 18, 1997. He is to participate in the process by getting going to. Again, it is a chance to re- one who certainly understands what to the benefit of reduced costs in their view sort of the kaleidoscope of argu- do and what it means if we are going to television time. ments that have been used to condemn keep expanding the role of money in These are some of the arguments our efforts on the McCain-Feingold bill politics. This is what he had to say in that have been used that I think are pretty well worn. In fact, let me just il- and other campaign finance reform response to a question from our col- lustrate how serious this ratification of proposals. league, the Senator from Connecticut the current system is by going back to Listening to the Senator from Geor- [Mr. LIEBERMAN]. one example. This is the example of the gia, we hear again the claim that what Senator LIEBERMAN. So, do you think you Federal Express Corp. This is what is is really wrong with this bill is that it got your money’s worth? Do you feel badly about having given the $300,000? being ratified, by the attempt to kill violates the first amendment—which, Mr. TAMRAZ. I think next time I’ll give campaign finance reform. We are doing of course, we dispute and also find just $600,000. nothing to prevent the episode that I’m a little amusing when you consider, Our colleague from Michigan, Sen- about to describe. In fact, we are tell- first of all, that if there is any problem ator LEVIN, asked a very direct ques- ing Corp.s in this country if you are with this bill under the first amend- tion: going to protect your shareholders and ment, we still do have nine people Senator LEVIN. Was one of the reasons you fulfill your fiduciary duties, you better across the street who know how to han- made these contributions because you be- play this soft money game and play it dle that. lieved it might get you access? That’s my hard and fast or otherwise you will lose But many of the same Senators who question. out in the competitive world. are condemning our bill from the point Mr. TAMRAZ. Senator, I’m going even fur- ther. It’s the only reason—to get access, but In other words, it is the opposite of of view of the first amendment are what I thought the other party was some of the first in line who are ready what I am saying is once you have access what do you do with it? Is it something bad about—free enterprise. This is the an- to amend the first amendment. That is or is it something good? That’s what we have tithesis of free enterprise. This encour- part of the agenda of many of the folks to see. ages the purchasing of access and on the other side of the aisle. Mr. President, this is a picture, a power in Washington, not the fair, free- There is no compunction at all on the portrayal of the vision that some of my market competition that so many of us part of some of these folks to pass a colleagues have. The more money, the believe is the underpinning of our econ- flag-burning amendment to the first merrier. The more Mr. Tamrazes, the omy. This is the polar opposite of that. amendment, to make an exemption of more $300,000 contributions, the con- Now, the Federal Express Corp. want- free speech there. No concerns at all tinuing buying of access. ed, for a very long time, to get a provi- with regard to the first amendment Their answer is to do absolutely sion into the law that would prevent and related rights in passing a school nothing, to do nothing, to let this cam- their unions from organizing in a way prayer amendment, which many of our paign financing arms race continue. that would be meaningful and allow opponents believe would not be a viola- Another tactic is to somehow pretend— them to get the benefits that they need tion of the first amendment and which this is the tactic of the majority lead- and the salaries they want from the I think would be. er—that the whole problem is just one Federal Express Corp. The record of Virtually every opponent of this bill group of people, the working people of FedEx with regard to employees and had no problem at all coming out here this country as represented through unionization is not a good one, and the on the floor of the Senate and voting unions. As if anyone in the United Federal Express Corp. tried repeatedly for the Communications Decency Act, States of America honestly believes to get a rider attached to various bills which to me was the most blatantly that the only group that has partici- that would do this. They never had a anticonstitutional censorship bill we pated too much in the money aspect of hearing on a rider in the House Avia- have seen in a very long time, and the system is organized labor. As if it tion Subcommittee; they tried to at- every single Member of the Supreme doesn’t involve corporate spending. As tach it to the fiscal year 1996 omnibus Court agreed; 9–0 they ruled that this if it doesn’t involve the spending of ide- appropriations bill and failed; the bill, the Communications Decency Act, ological groups. I have to tell you I House Republicans tried to attach it to was unconstitutional. Where were all have absolutely no concern that even the fiscal year 1996 omnibus, another the Senators out here talking about the most conservative antilabor person appropriations bill, and failed; they the first amendment when I came out in America doesn’t believe that the tried to attach it to the National here in a rather lonely manner and whole campaign finance system prob- Transportation Safety Board Author- said, ‘‘By the way, this on its face can- lems have been caused by labor. No- ization Act and failed; they tried to at- not possibly pass muster’’? Where was body believes that. Yet that has been tach it to the Railroad Unemployment the concern for the first amendment? the strategy employed on the floor—to Act and failed; the Senate Republicans It was not there. say unless you interfere with the basic supported attaching the Labor-HHS So I am puzzled about what the fear rights of people that join together in a Appropriations Act in the Appropria- is. If it is so easy to play with the first union on a voluntarily basis, that the tions Committee and failed; it was not amendment when it comes to school whole issue isn’t worth discussing. included when the FAA Reauthoriza- prayer and flag burning and the Inter- Then of course we heard again from tion Act passed the House; it was not net, what is the problem with sending the Senator from Georgia, this notion included when it passed the Senate.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10723 And only at the end of the road, with guished from other corporate lobbying by de- nation. In the 1993–94 election cycle it gave no positive vote in favor of this provi- gree and skillful application: a generous po- more than $800,000 to 224 candidates for the sion at any point, it was placed in con- litical action committee, the presence of House and Senate. According to the Federal popular former Congressional leaders from Election Commission, it gave $600,500 to can- ference committee and brought out to both parties on its board, lavish spending on the floor. We remember well last year didates in this cycle through August. The lobbying, and a fleet of corporate jets that company has also donated more than $260,000 the fact that we had to actually keep ferry dozens of officeholders to political this year to the Democratic and Republican the Senate a few days in session to events around the country. parties. make the point on this. This was not a Mr. Feingold said that as he tried to rally support against the Federal Express legisla- In the first six months of 1996, Federal Ex- technical correction, as was argued. In press reported spending $1,149,150 to influ- fact, what happened here was that at tion, he was frequently and fervently rebuffed by colleagues who said they had ac- ence legislation, an investment that in- the very same time this effort was quired obligations to the company. cluded the hiring of nine Washington lob- being made by FedEx Corp., some cam- ‘‘The sense I got was that this company bying firms. Typically, a company hires a paign contributions were being made. had made a real strong effort to be friendly number of lobbying firms because each one Mr. MCCONNELL. Will the Senator and helpful to Congress,’’ Mr. Feingold said. has a relationship with an individual law- yield? He would not identify the lawmakers but maker who may be important on particular Mr. FEINGOLD. After I finish this. said that as he approached them about the issues. legislation, he discovered that many just Mr. MCCONNELL. About getting wanted to talk about how Federal Express ‘‘The sky’s the limit for Federal Express speakers in before 1 o’clock. had helped them. ‘‘In these informal con- when it wants to get its own customized reg- Mr. FEINGOLD. I will try to con- versations, people mentioned that they had ulatory protection made into law,’’ said Joan clude quickly. flown in a Fedex plane or gotten other fa- Claybrook, president of Public Citizens, a Mr. President, at this time, the Fed- vors,’’ he said. Washington-based government watchdog eral Express Corp., according to Con- Senator Ernest F. Hollings, a South Caro- group. gressional Quarterly on October 2, 1996, lina Democrat who proposed the amendment During the legislative debate last week, it had contributed, between October 17 to help Federal Express, said he did so be- appeared that the company also used a and November 25, $200,000 to the Demo- cause he was grateful to the company for its United States Ambassador to press its case, willingness to use its planes to fly hay to his cratic Senatorial Campaign Committee but the diplomat and company have denied state during droughts. that. and $50,000 to the national Republican But others say lawmakers benefit more di- Senatorial Campaign Committee. Spe- rectly. Senator Paul Simon, an Illinois Dem- When a lobbyist for organized labor sought cifically, the company also gave ocrat who is retiring this fall, said that in a to talk to Senator J. Bennett Johnston $100,000 to the Democratic National caucus of the Senate’s Democrats just before about the Federal Express issue, Mr. John- Committee and $100,000 to the Repub- the recess, one senior senator refused to op- ston replied in the presence of several wit- pose the company, bluntly telling his col- nesses that he already had made up his mind, lican National Committee right before leagues, ‘‘I know who butters my bread.’’ because he had just been successfully lobbied this provision was stuffed into con- Mr. Simon would not identify the law- on the issue on behalf of Federal Express by ference committee. maker except to say he was a longtime mem- James R. Sasser, Mr. Sasser, a former Demo- Now, this is the kind of democracy ber of the Senate. cratic senator from Tennessee, is the current ‘‘I know that I have ridden in their planes that we are ratifying. Ambassador to China and would be prohib- several times,’’ said Mr. Simon, who opposed I ask unanimous consent to have ited from lobbying on behalf of Federal Ex- Federal Express on this bill. ‘‘But what hap- printed in the RECORD an article from press. pened here was just a blatant example of the the New York Times dated October 12, power of their political efforts. If the John Mr. Johnston, a retiring Democrat from 1996, entitled ‘‘This Mr. Smith Gets His Smith company came along and asked for Louisiana, said through his spokeswoman Way in Washington, Federal Express the same thing, it wouldn’t have a prayer.’’ that his comment was a ‘‘terrible slip of the Chief Twists Some Big Arms.’’ Federal Express, Tennessee’s biggest pri- tongue.’’ The spokeswoman said that Mr. There being no objection, the mate- vate employer, makes no apologies either for Johnston had just been lobbied by Frederick rial was ordered to be printed in the the merits of the legislation it sought or for Smith, the founder and chairman of Federal its efforts to establish relationships with RECORD, as follows: Express, and that he had meant to use Mr. members of Congress. Smith’s name. [From the New York Times, Oct. 12, 1996] ‘‘We play the game as fairly and aggres- THIS MR. SMITH GET HIS WAY IN WASH- sively as we can,’’ said Doyle Cloud, the vice The spokeswoman, Audra McCardell, said INGTON—FEDERAL EXPRESS CHIEF TWISTS president of regulatory and government af- that Senator Johnston had lunch earlier in SOME BIG ARMS fairs for Federal Express. ‘‘We have issues the week with Ambassador Sasser and that the Federal Express matter had come up ‘‘in (By Neil A. Lewis) constantly in Washington that affect our ability to deliver the services our customers chitchat.’’ She said that Mr. Johnston had WASHINGTON, Oct. 11.—As the Senate demand as efficiently as possible.’’ merely told Mr. Sasser how he was going to rushed to adjournment earlier this month, For example, Mr. Cloud said, Federal Ex- vote on the issue. For his part, Mr. Sasser, one odd and seemingly inconsequential item press regularly seeks to make clearances who was retained as a consultant by Federal stood in the way: the insertion of a few through customs easier to increase effi- Express before his confirmation as an ambas- words in a 1923 law regulating railway ex- ciency. ‘‘To do things like that, it’s abso- sador, said in a telephone interview that he press companies. lutely necessary that we are involved politi- did not lobby Mr. Johnston, although they It was not the kind of thing that would or- cally as well as regulatorily,’’ he said. might have discussed the issue. dinarily seize the attention of senators eager In addition to its cargo fleet, Federal Ex- Mr. Smith spends considerable time in to go home barely a month before Election press maintains four corporate jets that Washington, where he is regarded as Federal Day. But they stayed in session until the when not used for company trips are made Express’s chief advocate. It was Mr. Smith language was enacted, because the bene- available to members of Congress. Mr. Cloud ficiary of the arcane language was the Fed- said that they were used mostly to ferry who hit a lobbying home run in 1977 when he eral Express Corporation, which has become groups of lawmakers to a fund-raising event persuaded Congress to allow the fledgling one of the most formidable and successful and only rarely for an individual lawmaker. company to use full-sized jetliners to carry corporation lobbies in the capital. Congressional regulations require that its cargo, rather than the small planes to Federal Express wanted the language lawmakers using corporate aircraft reim- which it had been restricted. Mr. Cloud said change because it might exempt its oper- burse the company for the equivalent of that was the watershed event that allowed ations from the National Labor Relations first-class air fare, and Mr. Cloud said that the company to grow to its present domi- Act and, as a result, help it resist efforts by was always done. Records maintained pub- nating position in the industry, with almost unions to organize its workers. Despite pas- licly by Congress do not show how often $10.1 billion in annual business. sionate speeches by opponents on behalf of members use corporate flights. Federal Ex- Federal Express has also been able to get organized labor, the company was able to en- press declined to make the company’s other special provisions written into the law. gineer a remarkable legislative victory, pre- records available, but Mr. Cloud said that In 1995, for example, Congress gave it an ex- vailing upon the Senate to remain in session during political seasons, Federal Express emption from certain trucking regulations. two extra days solely to defeat a filibuster might fly a group of lawmakers, about once It has also won exemptions from noise abate- by its opponents. a week. ment requirements. ‘‘I was stunned by the breadth and depth of Two popular former lawmakers, mean- their clout up here,’’ said Senator Russell D. while, serve on the Federal Express board: The provision that Federal Express suc- Feingold, a first-term Democrat from Wis- George J. Mitchell of Maine, the former cessfully sought last week was insertion of consin who had opposed the change. In the Democratic leader of the Senate, and Howard the words ‘‘express company’’ in legislation end, Mr. Feingold was one of 31 senators who H. Baker Jr., the former Republican leader of that designates companies that can be orga- voted against Federal Express. the Senate. nized by unions only under the Railway Senators say the ingredients in Federal The company’s political action committee Labor Act. Under that law, unions are al- Express’s success are straightforward, distin- is one of the top five corporate PAC’s in the lowed to organize only in national units,

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10724 CONGRESSIONAL RECORD — SENATE October 9, 1997 rather than locally. Federal Express is fight- Federal Express has been a major success from organizing the way they want. ing efforts by the United Automobile Work- story in the competitive global economy, That is the kind of democracy and ers to unionize its drivers. Of the 130,000 do- and is worthy of American support. Its gam- economy that we will have if the fili- mestic employees of the company, only its ble in setting up a hub at Subic Bay has revi- busterers prevail. 3,000 pilots are unionized. talized the area around the old naval base. It Allen Reuther, the U.A.W.’s chief lobbyist, makes sense in the new age of commercial I yield the floor. said that the union found it ‘‘especially out- diplomacy for the United States to help The PRESIDING OFFICER. The Sen- rageous for the Senate to provide this special American companies in their attempts to ator from Maine. interest provision for just one company.’’ win contracts and market access. But such Ms. SNOWE. Mr. President, I rise Federal Express and its supporters in the an approach is simply undercut in the eyes today along with my colleague from Senate attached the legislative language as of the world when it looks like nothing more Vermont to express my disappointment a rider to an airport bill that promised doz- than a payoff for a large political donation. ens of local airport improvements and en- In addition, the United States needs to be and regret that the Senate has missed hanced security measures. Many lawmakers sensitive to the risks of favoring one com- an opportunity today to coalesce who usually vote with labor decided the bill pany’s interests over another’s, however around a middle ground that would had to pass, even with the Federal Express plausible that company’s case. The appear- allow campaign finance reform to ad- provision. ance of evenhandedness was undermined by vance. But the votes of 17 Democrats to help Fed- Mr. Clinton’s ill-advised meeting with Mr. Together with Senator MCCAIN, who eral Express by ending a filibuster against Smith. Until now, the United States has re- deserves our gratitude for his courage the provision—including that of Senator frained from the tougher approach of the Thomas A. Daschle of South Dakota, the mi- sanctions demanded by Federal Express. and tenacity in bringing this issue to nority leader—angered labor officials, espe- Though sanctions might well be justified and the fore, along with Senator JEFFORDS cially John J. Sweeney, president of the certainly would be legal, there was good rea- and Senator SPECTER, I have worked A.F.L.–C.I.O. Some union leaders said they son to hesitate. Sanctions could well invite over the past week to forge a com- might withhold future contributions to the Japanese retaliation, which, in turn, would promise that would address the two Democratic Senate Campaign Committee. almost certainly damage other American concerns that have emerged as the But after Senator Edward M. Kennedy of companies doing business in Japan. In nego- Massachusetts, who led the filibuster, visited chief stumbling blocks to Senate pas- tiating with Tokyo, the United States has to sage of campaign fiance reform. Name- Mr. Sweeney on Thursday with a note of weigh the interests of everyone, not just thanks for his support, the tension eased and Federal Express. ly, the objection of Republicans to a union officials relented. President Clinton The point is that the United States’ bar- package that does not address the issue signed the airport measure into law on gaining position with Japan has been weak- of protecting union members from hav- Wednesday. ened because of Mr. Smith’s clumsy inter- ing their dues used without their per- Mr. FEINGOLD. I ask unanimous vention and the Administration’s willingness mission for political purposes with consent a related article a year later in to peddle White House meetings. Even which they may disagree. And the ob- the New York Times, August 25, 1997, among those in the White House who op- jection of Democrats to singling out entitled, ‘‘Face Time for Federal Ex- posed the idea of sanctions, there was agree- ment that Mr. Smith had a legitimate com- unions while not providing similar pro- press’’ be printed in the RECORD. plaint. It will be understandable now if tections for members of other organiza- There being no objection, the mate- Japan takes less seriously an American de- tions, or for shareholders in corpora- rial was ordered to be printed in the mand that looks so obviously like a favor to tions. RECORD, as follows: a political contributor. Last week, in response to concerns [From the New York Times Aug. 25, 1997] Other airlines have reason to fear that which had been raised by the minority Federal Express will gain an upper hand over FACE TIME FOR FEDERAL EXPRESS leader, we proposed an alternative that them. The way to remove such suspicions is would provide the same protections to When a big corporate political donor is in- obvious. Enacting legislation banning open- vited to press his company’s case at the ended contributions by individuals and cor- members of organizations across the White House before the President, he is prob- porations is the only way to restore integ- board, and to shareholders of corpora- ably going to expect results. But the attempt rity to the process in Washington. tions. Together with Senator JEF- by Federal Express to buy influence with the FORDS, Senator SPECTER and Senator Clinton Administration over an economic Mr. FEINGOLD. That article details dispute with Japan, which was disclosed last a similar series of activities that had MCCAIN, we fine-tuned the proposal week, has not helped anyone. to do with FedEx’s desires with regard into a balanced approach with the po- Instead of advancing his company’s inter- to trade and Japan. Here is the real tential to move this debate forward. It ests, Frederick Smith, the Federal Express conclusion of the story, and I want oth- appeared our plan was the best hope of chairman, has probably set them back. ers to have a chance to speak, so let me preventing a filibuster and advancing Thanks to the now well-documented tend- continue by saying we all remember campaign finance reform. ency in this White House to mix policy-mak- Unfortunately, our efforts to make ing with insatiable political fund-raising, a that the United Parcel Service had a sensible objective for the United States has strike not too long ago. It was the big- the process work in this instance will been tainted and the 1996 Democratic fund- gest news in America. Who is their not succeed today. Despite our willing- raising effort has been revealed once again as competitor? The Federal Express Corp. ness to forge a compromise which structurally corrupt. The Federal Express Corp. used this would address the concerns of both President Clinton says he is proud of the process, this fundraising process, this sides—we have not been able to secure fund-raising he and his party carried out in access process, this soft money process, an agreement to ensure passage of the recent years, and that there were no direct compromise. quid pro quos for donors. But the episode in- to get a special benefit so they don’t volving Federal Express, first reported in the have that kind of union. They don’t The criticisms of our proposal from Washington Post, provides a case study in have that kind of strike because their both sides are typical of the concerns why the system he embraces not only has folks can’t get together to do that be- when a proposal strikes a balance be- polluted American politics but has actually cause of Federal law. tween two dies. Nobody really likes it. damaged American interests abroad. What happened? Apparently, as a re- One side feels we go too far. The other At issue is a long-running demand by Fed- sult of the UPS strike, FedEx bene- side feels we don’t go far enough. eral Express to fly cargo through Japan to fited. The Federal Express Corp., ac- But in the legislative arena, when its new hub at Subic Bay, the former Amer- ican naval base in the Philippines. A 45-year- cording to one report, is gaining mar- both sides are committed to moving old aviation agreement between the United ket share because of its adroit handling forward and finding a solution, that is States and Japan clearly requires Tokyo to of additional business during the re- how we do it. Both sides give. While we grant access to Federal Express, as this page cent UPS strike, analysts say. Some have not been able to reach a conclu- argued to years ago. Both the Bush and Clin- analysts estimate that the UPS mar- sion today, given the artificially short ton Administrations have supported the ket share slipped to about 70 percent of time limits imposed by the nature of company’s cause, by Federal Express wanted the U.S. package delivery market from the parliamentary procedure under sterner action. Mr. Smith used his meeting 80 percent before the strike. which we are forced to consider this with Mr. Clinton to press for sanctions against Japan. Federal Express also ponied Mr. President, there is a difference issue, I believe if Senators are truly up $506,000 in campaign contributions to the between FedEx and UPS, and the dif- committed to campaign finance re- Democrats last year, along with $540,000 to ference was the ability of campaign form, then it is definitely dead in this the Republicans. money to prevent FedEx employees session of Congress.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10725 I am saddened, because we have not problem. What we need is the leader- that, and the other thing. But the sub- only an obligation to provide legisla- ship to bring this spirit to life. stance of it is one in which all America tive solutions, but to restore the We need to devote less energy to can agree. When you are in the situa- public’s faith in the integrity of the criticizing and judging each other and tion where you have money taken from process. If we ultimately fail to coa- more to forging consensus and under- you, you ought to have at least a say lesce around a middle ground, it would standing. Only then can we come to- as to where it is going and, even more serve only to confirm the public’s be- gether and enact legislation that the important, to say ‘‘not my money.’’ lief that we lack the will to address majority of Americans feel is sensible ‘‘You can spend your money and the this issue in a fair and bipartisan man- and long overdue. Let’s make, then, a rest of the money, but not mine.’’ I ner. And it will certainly point to the historic statement that the old ways of think that is a pretty simple philos- consequences of a shrinking middle in doing business must be relegated to the ophy with which many Americans American public life. annals of history. Let’s return elec- would agree. Mr. President, I have worked hard tions to the American people and re- The next area we have to take a look over the last week with my colleagues store confidence in our Government. at—and this is critical for the Repub- on this compromise because I earnestly Mr. President, I would like to yield licans and it is also the center of de- believe that’s what people expect of us. to my colleague and friend, the Sen- bate nationwide—is what happened at They expect that the U.S. Senate will ator from Vermont, who has worked so the White House with all this money conduct itself as the deliberative body hard on the compromise that we try to pouring in, hundreds of thousands over it was designed to be, and they have a put forward today. here, and all that so-called soft money. right to that expectation. The PRESIDING OFFICER. The Sen- We have to do something about that. We should be putting our heads to- ator from Vermont is recognized. But to say that, especially under the gether, not building walls between us Mr. JEFFORDS. I thank the Senator Constitution, we can just ban it, or we can set up rules where you can’t use with intractable rhetoric and all-or- for a very eloquent statement on where any of it, that is not going to work. It nothing propositions. we are and where we ought to be. I have been part of the legislative I think it is incredibly important is not going to work because people that those of us who are as dedicated have the right under our first amend- process in Congress for over 18 years. I as she is and as I am—perhaps those of ment to be able to spend money on po- am here because I believe in finding so- us in the middle, as so often happens in litical campaigns, but how much and lutions. That is our job, Mr. President: this body—have to take a look at what for what purposes, that can be con- finding solutions. Now, I’ve been here we can do to pull things together. trolled, as we have found. long enough to know that that is not Now, I am personally convinced, hav- I will tell you, the money will find a always possible. And I’ve been here ing talked with a number of Demo- way, some way, to be spent. If we don’t long enough to know that it is always cratic Senators and a number of Re- have it spent for ‘‘party building’’ as difficult. But then we were sent here to publican Senators, that there are at ‘‘soft money,’’ it will be in ‘‘issue advo- do a difficult job. So I say let’s have least 60 Senators who want meaningful cacy’’ or ‘‘independent expenditures.’’ the difficult conversations and really campaign reform. However, we have So the best thing to do is to make sure give thoughtful consideration to how postured ourselves at this time and that there are limits placed on it, that we can hurdle our most challenging ob- particular moment in a situation there is full disclosure, and that there stacles. That’s the way it should be— where that will not occur. I am pleased are ways to make sure that these funds that’s how we end up with better legis- in a way that we are going into a brief are not abused or become dominant in lation. period of recess. I am dedicated, as I the process. There are ways to do that. The fact is, this issue will not go know the Senator from Maine is, to They are not ones that everybody is away. The public disillusionment with using that period of time to try to find, going to readily agree upon. But on the our campaign finance system will not if we can, a common ground. other hand, from a first amendment disappear absent meaningful reform. It I think it is important for us to take perspective, the way people want to will come back again and again and a look at what we really need to do and help a political party ought to be some- again. where the real stumbling blocks are. thing that we can find a solution for. I believe each and every time it will We are two political parties, Repub- So I hope now that we are in this situa- come down to the basic issue of enact- licans and Democrats. Some things ad- tion where it is obvious that no final ing reform that does not unfairly dis- vantage one and some things advan- decision can be made, no way will be advantage either party. As long as we tage another. So we have to find ways found in the next few hours for us to have two-party government, no reform to reform the campaign finance system solve this, that we step back and work will ever pass unless it truly levels the and do whatever is necessary to make together. The Senator from Maine and playing field. sure that we can find something that I are both dedicated to finding those This is an issue that need not be in- both sides can—not willingly, but cer- Senators in the middle that are willing tractable, as we demonstrated with the tainly with the public pressure out to help us pull something together so proposal we put forward in this debate. there now—do something. We can find that we can get at least 60 votes. It is my belief that eventually the a way to do that. I hope now that we can move back to basis for evenhanded reform is em- What needs to be done? The Senator the regular legislative process in the bodied in the middle ground approach from Maine has done superb work in interim, to move legislation along we proposed. Unfortunately, that day trying to find a middle ground on one which is necessary to be moved along, will not be today. issue with the Democratic Party, and and, hopefully, as the Senator sug- Finally, I want to issue a challenge that is how to handle the situation gested, the leaders will get together to the majority leader and the minor- with unions—and we would say all and we can find a way to pull that mid- ity leader. It is the duty of leaders to groups—to make sure that the people dle together. There may be kicking and lead. I urge them to do just that by ap- that are involved, that have to con- screaming in order to do that, but pos- pointing a bipartisan working group of tribute the money, or do contribute the sibly we can find a way to let this Na- Senators who want to make the system money, have a say in how that money tion know that we want campaign fi- work. is spent; first, so that they know how it nance reform, we want the process to I entered public service to help make has been spent in the past so they can be one we can be proud of, one which is Government work. It is a task made better judge what happens in the fu- acceptable to the American people, and more daunting by the mounting chorus ture, but also that they have full dis- one which allows everybody to know of partisanship that has engulfed our closure and the ability to say no, or what is going on. I thank the Senator Nation’s politics. the ability to at least say ‘‘not my for her statement. I am sorry that we The status quo, Mr. President, is un- money,’’ which is what our amendment are in this situation, but I think it is acceptable to virtually everyone except does. I think that is a very big step for- important that we take a breath of apparently to many Members of this ward. fresh air and come back in the next body. There are, however, those of us Now, there have been all sorts of week or so and, hopefully, make some on both sides who want to resolve this technical problems raised with this, progress.

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10726 CONGRESSIONAL RECORD — SENATE October 9, 1997 Several Senators addressed the bill prohibits those under 18 from con- and elected officials. It can be as sim- Chair. tributing to campaigns, ensuring that ple as a statement such as, ‘‘Senator The PRESIDING OFFICER. The Sen- only those who vote can contribute, Smith’s position on school vouchers is ator from Maine still has the floor. again addressing a problem with the dead wrong.’’ Or it can be as involved Mr. KERRY. Mr. President, under the Clinton-Gore campaign. The bill also as a multimillion dollar campaign of regular order, the Senator from Maine extends the ban on mass mailing by broadcast and print advertisements cannot yield the floor. House and Senate Members from 60 that spreads the same message. The Mr. KYL. Mr. President, for several days before an election to January 1 of Constitution protects the right of any days now the Senate has debated cam- an election year, thereby reducing an group or individual to engage in issue paign finance reform legislation. Advo- incumbent advantage. advocacy. It is the essence of free cates of the so-called McCain-Feingold I support the intent, if not the exact speech. proposal deserve credit for advancing language, of each of these provisions. I Attempts to regulate and require dis- the issue. Unfortunately, in the view of also believe that any reform legislation closure of issue advocacy expenditure a majority, they have been unable to should include a requirement that can- through statute and through FEC regu- construct a bill that does not violate didates raise a majority of their cam- lation have repeatedly been declared the first amendment to the Constitu- paign contributions from within their unconstitutional by the Supreme Court tion. There are other proposals for re- respective States and that all political and lower Federal courts. The Court form that I believe can address the activities be funded with voluntary has always viewed issue advocacy as a problems without compromising the contributions and not extracted in the form of speech that deserves the high- Constitution. Therefore, I will vote to form of compulsory union dues. The est degree of protection under the first bring at least one of those proposals— first of these proposals is not included amendment. Not only has the Court the Paycheck Protection Act—to a in the McCain-Feingold legislation, been supportive of issue advocacy, the vote but not yet support consideration and I believe it is necessary to meet justices have affirmatively stated that of McCain-Feingold. the principles of putting constituent they are untroubled by the fact that Some have argued that details are interest over special interest. The sec- issue advertisements may influence the less important than the general prin- ond proposal is not adequately dealt outcome of an election. In fact, in ciple of reform. But reform to one is with because of opposition from Sen- Buckley versus Valeo, the court stated: not necessarily reform to another. For ator MCCAIN’s Democratic cosponsor. The distinction between discussion of example, most Republicans believe The most extensive provisions of the issues and candidates and advocacy of the that all contributions to politics McCain-Feingold proposal address so- election or defeat of candidates may often should be voluntary. Most Democrats, called soft money and issue/express ad- dissolve in practical application. Candidates, on the other hand, say they agree but vocacy. While these provisions are well especially incumbents, are often intimately they are unwilling to give up compul- tied to public issues involving legislative intentioned, I believe they would dra- proposals and governmental actions. Not sory union dues that are then contrib- matically restrict party building ac- only do candidates campaign on the basis of uted to candidates. Thus, reform to us tivities and free speech for individuals, their positions on various public issues, but is not reform to them. associations, and citizens. campaigns themselves generate issues of Recognizing that we approach the The McCain-Feingold approach to so- public interest. Buckley v. Valeo, 424 U.S.1, 42 need for reform from different perspec- called soft money contributions is to (1976). tives, I have tried to evaluate the issue completely prohibit them. These are Moreover, defenders of the first by applying some basic principles that contributions of citizens and organiza- amendment know that the freedom to I think most of us would agree with. tions to political parties and cannot be engage in robust political debate in our For example, our laws should be clear, spent for individual candidates. Hard democracy will be at risk if the Con- simple, and enforceable. They should money, on the other hand, is contrib- gress or the FEC is given the authority insist on full and timely disclosure. uted directly to candidates to be spent to ban issue ads close to an election, or They should place constituent interest by them. evaluate the content of issue ads to de- over special interest. They should en- Unlike hard money, soft money can termine if they are really a form of ex- sure voluntary participation for all. be contributed in unlimited amounts to press advocacy. The Supreme Court And, they should protect our right to support political party organizations recognized this danger long before free speech—unregulated by the gov- by helping them to engage in grass- Buckley versus Valeo. In 1945, in ernment. This last principle is signifi- roots volunteer activities. The bill’s Thomas versus Collins, the Court cant because our constitutional rights total ban on soft money contributions states: to free speech, free assembly, and the would restrict State and local cam- . . . the supposedly clear-cut distinction right to petition our Government were paign committees from supporting the between discussion, laudation, general advo- specifically established to protect our following election activity: voter reg- cacy, and solicitation puts the speaker in political expression. The Supreme istration activity within 120 days be- these circumstances wholly at the mercy of Court has confirmed this, declaring fore a Federal election; voter identi- the varied understanding of his hearers and that political expression is ‘‘at the core fication, get-out-the-vote activity, or consequently of whatever inference may be drawn as to his intent and meaning. Such a of our electoral process and of the first general campaign activity conducted distinction offers no security for free discus- amendment freedoms.’’ (Buckley v. in connection with any election that sion. In these conditions it blankets with un- Valeo, 424 U.S. 44 (citing Williams v. includes a candidate for Federal of- certainty whatever may be said. It compels Rhodes, 393 U.S. 23 (1968))). fices—generally referred to as party the speaker to hedge and trim Thomas v. Col- The McCain-Feingold proposal incor- building activity; and a communica- lins 323 U.S. 516 (1945). porates some of these important prin- tion that refers to a clearly identified McCain-Feingold would impose regu- ciples. For example, the bill requires candidate for Federal office and that is lations on issue advocacy in violation more timely and detailed disclosure of made for the purpose of influencing a of Court declarations. Advocacy groups campaign spending. This allows people Federal election. Thus, if the law were such as the National Right to Life, Si- to make more informed decisions re- to completely ban soft money, it is not erra Club, and National Taxpayers garding contributions made to their the candidates, but the political par- Union, to name just a few, would be se- elected leaders. The bill calls for ties that would suffer the most. Is this verely circumscribed in the exercise of tougher penalties for campaign viola- the type of political activity we really their first amendment rights. The FEC tions. This might make people think want to get rid of? has a poor track record of trying to twice about breaking the law. The bill The McCain-Feingold proposal also broadly interpret current election stat- attempts to tighten the restrictions on explicitly forbids so-called issue ads, ues to encompass issue advocacy fundraising on federal property and ads that mention a candidate’s name speech. strengthen the restriction on foreign within 60 days of a Federal election. In fact, as recently as October 6, 1997, money ban. Both of these provisions Issue advocacy can best be defined as the Supreme Court let stand a circuit would address some of the Clinton-Gore any speech relating to issues and the court decision striking FEC regula- campaign finance improprieties. The policy positions taken by candidates tions because they infringed upon a

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10727 group’s right to characterize a can- her paycheck unless consent is first The American people worry that didate’s position on abortion rights. given. The Paycheck Protection Act those who wrote the checks now expect Maine Right to Life v, FEC codifies this right. McCain-Feingold to write the laws. They see powerful (1997WL274826, 65USWL3783) (October 6, does not. lobbyists working to turn back the 1997) (Case number 96–1818). To conclude, I strongly believe cer- clock on 25 years of environmental pro- The result of the McCain-Feingold 60- tain aspects of our campaign finance tection, and to unravel laws that keep day ban on issue advocacy before an system need reform. But reform that is our workplaces safe and protect the election will be that associations or consistent with the principles I out- food we eat. This appearance of undue groups of citizens could not charac- lined earlier. Although well inten- influence supports the public’s cyni- terize a candidate’s record on radio and tioned, McCain-Feingold layers more cism. television during that period. It would, regulation on top of current regulation Incredibly, those who defend politics thus, severely limit citizen involve- and also infringes upon the constitu- as usual are not concerned about the ment and speech. tional rights to free speech and asso- amount of money in our political proc- The only recourse would be for such ciation. And it does not guarantee vol- ess. These leaders insist that the polit- associations—nonprofit 501(c)3 and untary participation in the political ical process is fine, even though a 501(c)4 organizations—to create new in- process. For these reasons I cannot record $765 million was consumed on stitutional entities—political action support it in its current form. House and Senate campaigns in 1996. In committees [PAC’s]—to legally speak Mr. DODD. Mr. President, I rise fact, Speaker GINGRICH and other lead- within 60 days before an election. Such today in strong support of the cam- ers in his party complain that too lit- groups would, thereby, also be forced paign finance reform legislation spon- tle, not too much, money is spent today on political campaigns. to disclose all contributors to the new sored by Senators MCCAIN and FEIN- We all know that the Government Af- PAC. GOLD. fairs Committee is, even as we speak, Not all members of nonprofit organi- The McCain/Feingold bill is a begin- holding extensive hearings on the cam- zations want to become members of ning, and is an important step towards paign finance practices of the last PAC’s. Separate accounting proce- reforming how we finance campaigns. Presidential election. Yet, as we have dures, new legal costs, and separate ad- It ends soft money contributions to na- seen here on the floor this week, the tional parties, expands disclosure re- ministrative processes would be im- Majority Leader and most of those in quirements, and strengthens election posed on these groups, merely so that his party would do nothing. However, law. It puts guidelines on hard money their members could preserve their there are a few Republicans, including contributions and begins to address the first amendment rights. one of the leaders on this issue Senator It is noteworthy that none of these problem of so-called ‘‘issue advocacy’’ MCCAIN, who have voted the respon- proposals seek to regulate the ability advertisements that may be designed sible way and I commend them. It is of the media to exercise its enormous to persuade the public about a can- now time to come together in a bipar- license to editorialize in favor or didate instead of educating the public tisan manner and focus on the future of against candidates at any given time. about an issue. It also requires labor elections in America for all Americans. Finally, as noted, McCain-Feingold unions to notify non-union members Since I was elected to Congress as does not ensure that American citizens that they are entitled to request a re- part of ‘‘Class of 1974,’’ I have consist- have the right to voluntarily partici- fund of the portion their agency fees ently fought for campaign finance re- pate in the political process. I am spe- used for political purposes. Make no form. Since 1985, I have cosponsored cifically referring to the protection mistake about it—one bill cannot end seven campaign finance reform bills to from mandatory withdrawals of dues the spiraling cost of campaigns or stop remove the influence of money in elec- from a worker’s paycheck for political the coercive influence of money in our tions and bring democracy back to the activities without prior approval. Con- government. But it is a beginning. people of this country. In an attempt trary to the claims of its supporters, I am more convinced than ever that to curb the threatening influence of McCain-Feingold does not provide such our current approach to funding polit- money, I have supported prohibitions protection. ical campaigns is broken and des- in ‘‘soft money’’ in federal elections, As written, the McCain-Feingold leg- perately in need of repair. My good and as the General Chairman of the islation applies only to nonunion mem- friend, Senator FORD from Kentucky, Democratic National Committee, I ber employees. These are workers who cited the great cost of campaigns and challenged my counterparts to do the choose not to join a union, but who the immense time needed to raise same. In another effort to limited the under a collective bargaining agree- money as the reason for his retirement influence of money, I have supported ment must pay dues—that is, agency from the United States Senate. He ex- caps on PAC contributions to can- fees—to support the costs of union rep- plained that to run for re-election in didates and limits on the total amount resentation. McCain-Feingold covers 1998, he would need to spend the next Senate candidates can accept from only 10 percent of the roughly 18 mil- two years raising $100,000 per week. PACs. To level the playing field, and lion dues-paying employees nation- Today, a run for the Senate may re- help challengers gain exposure, I have wide. I support Senator LOTT’s Pay- quire over $5 million. On average, a agreed to proposals for free or reduced check Protection Act, which covers all Senator needs to raise $16,000 per week response advertisement costs for can- 18 million. during their six year term to accumu- didates attacked by independent ex- McCain-Feingold also requires labor late the funds needed to run a credible penditures. I have supported require- unions to notify these nonunion mem- campaign. ments that Senate candidates raise bers that they are entitled to request a Not only are distinguished elected of- most of their money from their home refund of the portion of their dues or ficials leaving public service due to the states in an attempt to bring elections agency fees used for political purposes. daunting cost of running for office, but back home to the people. Finally, I The effect of this proposal is to place many Americans have decided not to voted for a Constitutional amendment the burden on the worker—after the seek office because it simply costs too allowing Congress to set campaign fact—to petition for a refund of these much money. This robs us of leaders spending limits. I know many of my automatically withdrawn dues. By con- with new ideas and diverse back- fellow colleagues share my commit- trast, Senator LOTT’s Paycheck Pro- grounds, and it threatens to undermine ment to reform. tection Act requires unions to obtain our country’s participatory democracy. As we debate reform, I am concerned union and nonunion employee’s written Our democracy rests upon the funda- that we stand behind the Federal Elec- permission first before using any por- mental principle that every person’s tion Commission, which is charged tion of his or her dues for political ac- vote is equal. A citizen walks into a with monitoring and watching cam- tivities. voting booth, casts his or her vote, and paign finance violations. The FEC Simply put, I believe all contribu- the majority rules. But only fifty per- must have the finances and resources it tions to political activities should be cent of Americans vote and only four needs to promptly and effectively en- voluntary. No one should have auto- percent of the population contribute to force the laws that govern our cam- matic political withdrawals from his or campaigns. paigns. Between 1994 and November

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10728 CONGRESSIONAL RECORD — SENATE October 9, 1997 1996, the FEC’s caseload rose 36 per- responsibility to do all we can to the responsive to their needs and problems. cent, and because complaints related to reform campaign finance system. The The way to do that is through spending the 1996 election are still being filed, McCain-Feingold bill begins that proc- limits. Spending limits will make our the FEC expects the caseload to ulti- ess, and I believe that as a body we system more open and more competi- mately rise by 52 percent. Of the 262 have a solemn responsibility to em- tive. Spending limits can help focus complaints filed with the FEC in the brace this legislation. elections more on the issues, instead of latest election cycle, only 88 are cur- Ms. MOSELEY-BRAUN. Mr. Presi- on advertising. rently under active review. dent, S. 25, the Campaign Finance Re- We must be sure that we don’t have a To address the effectiveness of the form Act of 1997 does not represent my process that only further empowers po- FEC, earlier this year I authored the ideal package of reform. In fact, S. 25 is litical elites that are already empow- FEC Improvement Act. I am pleased far from it. I believe, however, that ered. We want campaign finance reform that most of the proposals from my this legislation does bring us one step that allows candidates more time to bill—including electronic filing, au- closer to getting the kind of real, com- talk to voters. Voters want to know thorizing the FEC to conduct random prehensive campaign finance reform we that the system works for ordinary audits, and stiffer penalties—have been so desperately need. Americans and not just those few who incorporated into the McCain/Feingold We need to get Americans back into can devote substantial time and money legislation. the system and get them involved in to politics. They deserve better than Time after time, Congress has talked decisions that affect their lives. We the present system. about reform but in the end done noth- need campaign finance reform to re- S. 25 addresses some of these needs. ing. Over the past 10 years, Congress store the American people’s faith in This bill prohibits soft money con- has produced over 6,742 pages of hear- the electoral process. Americans are tributions to national political parties, ings, members have made over 3,361 frustrated; many believe that the cur- increases the amount of ‘‘hard’’ money speeches, committees have produced rent system cuts them off from their individuals may contribute to State more than 1,063 pages of reports, the government. A League of Women Vot- parties for use in Federal elections, and Senate has recorded over 113 votes and ers study found that one of the top increases the amount of ‘‘hard’’ money formed one bipartisan commission. Yet three reasons people do not vote is the an individual may contribute in aggre- in the end, it’s just been business as belief that their vote will not make a gate to all Federal candidates and par- usual, while the voice of the average difference. We saw the result of this ties in a single year. American in our democratic process cynicism in 1994 when just 38 percent of In addition, S. 25 expands disclosure grows fainter, quality candidates say all registered voters headed to the requirements and strengthens election no to public service, and our democ- polls. And we saw it again in 1996 when law violations to lessen the influence racy withers. only 49 percent of the voting age popu- of ‘‘big money’’ in campaigns. I regret that the Senate this week lation turned out to vote—the lowest I believe that these are vital first has again missed an opportunity to percentage of Americans to go to the steps toward addressing the problems pass comprehensive reform. The Senate polls in 72 years. of the current system. Campaign fi- missed another opportunity even I have noticed a difference in voter nance reform cannot work for every though 53 Senators voted to fully con- turnout since my own election. In 1992, American, however, unless it also sider the bill. I am saddened that the I won with 2.6 million votes, which was works for every candidate, including majority leader, along with the major- 53 percent of Illinois’ total vote. In minority candidates and women. Mi- ity of his Republican colleagues, de- 1996, Senator DURBIN won with a vote nority and women candidates currently ployed procedural tactics that thwart- total of 2.3 million, which was 55.8 per- have less access to the large sums ed real reform. I lament this maneuver. cent of the total vote. Senator DURBIN needed to run for office than other can- It saddens me that the Republicans won by a greater margin but with didates. That financial inequity is one have chosen to sabotage this bipartisan fewer total votes cast. of the primary reasons both women and bill. It saddens me even more that this Unfortunately, the effort needed to minorities have long been under rep- procedural sabotage occurred after raise the average of $4 million per Sen- resented in both the Senate and House. concerted efforts to accommodate Re- ate race decreases the time Senators The increased occurrence of big money publican concerns. Important provi- need to meet their obligations to all of candidates feeding their own cam- sions including voluntary spending their constituents. According to recent paigns and driving up the costs of cam- limits, free or discounted television Federal Election Commission figures, paigns overall only adds to the barriers and advertising time, and curbs on con- congressional candidates spent a total keeping women and minorities out of tributions to PAC’s have all been modi- of $765.3 million in the 1996 elections, public office. fied in the spirit of bipartisanship. up 5.5 percent from the record-setting Unfortunately, S. 25 does little to However, the Senate now may not even 1994 level of $725.2 million. That figure stop or control these upward spiraling have a clean vote on campaign finance does not include the huge amounts of costs, and that is disappointing, be- reform legislation this session. ‘‘soft money’’ spent by political par- cause self-financing candidates con- I have voted against Senator LOTT’s ties. tinue to be a rapidly growing phe- amendment because it was not a bipar- Furthermore, when voters see that nomenon in our current political sys- tisan effort. The Lott amendment was the average amount contributed by tem. While it is true that these mil- a partisan maneuver to end efforts for PACs to House and Senate candidates lionaires don’t always win, no one can comprehensive campaign finance re- is up from $12.5 million in 1974 to $178.8 honestly deny that these individuals form. I will continue to vote against million in 1994—a 400 percent rise even contribute to the increasing campaign any amendments that lack solid bipar- after factoring in inflation over that costs that turn so many voters off. In tisan support and harm a constructive period—there is a perception that law- 1994, for example, one candidate for the effort for real reform. Conversely, I makers are too reliant on special inter- Senate spent a record setting $29 mil- will consider supporting any amend- ests to make public policy that serves lion, 94 percent of which was his own ments to the current legislation that the national interest. More and more money. And during the last election have bipartisan support and would im- voters believe that Members of Con- cycle, a presidential candidate spent prove this bill. I will also continue to gress only listen to these special inter- $30 million of his own money for just support any positive efforts by both est contributors, while failing to listen the primary elections. sides to have campaign finance reform to the very constituents who put them Even more appalling is the fact that considered by the Senate for a full and into office. self-financing candidates do not have complete debate this session. That is part of the reason why there to demonstrate broad financial support I call on all my colleagues to chart a is overwhelming public support for re- to either launch or support their can- new course, to put aside our dif- form. And make no mistake, there is a didacies. Allowing these self-financing ferences, and to put first and foremost real public consensus that reform is candidates to avoid having to show a in our deliberations the good of the Na- needed—now. Ordinary Americans broad range of support is, I believe tion. As leaders, we must not shirk our want—and deserve—government that is truly undemocratic. In fact, I believe

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10729 that every candidate should be able to has to be brought into the bill’s re- are provisions in the McCain-Feingold demonstrate that they have the sup- forms. legislation that will limit the ability of port of a broad range of individuals and This bill could have only been the state and local political party com- organizations, that their candidacy strengthened by a provision that would mittees to conduct legitimate election has, in fact, come about as a true de- have created some mechanism to con- activity. Moreover, I feel that as pres- sire of the ‘‘people.’’ trol this form of campaign financing. It ently constituted, McCain-Feingold If we could prove that spending exor- is unfortunate that this bill does not would set in motion a process which ul- bitant amounts of money on campaigns have such a provision, as I have no timately would result in even further increased voter turnout, we would have doubt that, ultimately, unregulated fi- intrusion of state and local govern- an excuse for allowing the costs of nancing will have no result but to drive ment election law. campaigns to continue escalating. But voters, and talented but less wealthy Any campaign finance reform legisla- we cannot. While the total amount candidates, out of the electorate. tion must also, in my judgement, raised for the 1996 election by both Despite this shortcoming, I fully sup- maintain a proper balance between the Democrats and Republicans increased port the goals and the spirit of S. 25. It first amendment rights of the actual by 70 percent over the same period dur- is a solid bill, and a firm step toward candidates and the political parties ing the 1991–92 cycle, voter turnout has the type of comprehensive campaign fi- they represent and the rights of those plummeted to its lowest point since nance reform that our nation needs to who are not directly in the arena. Un- 1924. What’s more, these funds are ensure that our electorate becomes in- fortunately, McCain-Feingold tilts the often used to finance negative, non- volved and has more faith in the people balance strongly in the direction of germane, and personally distasteful ads they send to Congress to represent special interest groups. As these spe- that do nothing more than turn off the them. S. 25 has the potential to reduce cial interest groups grow in dominance, voters and take attention away from some of the cynicism many Americans they simultaneously diminish the roles issues of vital importance to all Ameri- feel toward the electoral process, and of the candidates and political parties. cans, such as retirement security, edu- therefore has the potential to ignite in This, Mr. President, is not the way our cation, and children’s health. If we con- many Americans the type of desire to founding fathers envisioned that our tinue this trend, the wealthiest Ameri- become more involved in debates on democratic electoral system would cans will be the only ones who will be fundamental issues like retirement se- conduct itself. Candidates, political able to afford to participate in our po- curity, healthcare security, and edu- parties and interest groups should all be able to participate in the electoral litical system, leaving the rest of us to cation. only dream about contributing to this Voters, and not money, should deter- system under the first amendment, democracy. mine election results. The money chase however one entity should not be able If candidates were required to seek has gotten out of control, and voters to dominate the political speech arena. and demonstrate support from a broad know that big money stifles the kind of Otherwise, Mr. President we will end range of individuals—an important competitive elections that are essen- up with a system in which the can- didates themselves are more bystand- component of the democratic process— tial to our democracy. S. 25 is a crucial ers than participants and in which the the Supreme Court might see the First first step in bringing campaigns back various interest groups on all sides of Amendment issue somewhat dif- to the people. I urge my colleagues to all the issues are doing all of the talk- ferently. An appropriate analogy would support S. 25, and I urge my colleagues be the laws that require candidates to ing. to continue considering ways in which Furthermore, any campaign reform obtain a certain number of signatures we can encourage the American people as a requirement for access to the bal- legislation we pass must be balanced. I to continue playing a role in our de- believe that McCain-Feingold was not lot. In other words, the reason for this mocracy. balanced and clearly contained provi- limit would not be to equalize re- Mr. ABRAHAM. Mr. President, I rise sions that would protect and enhance sources, but to ensure that the today to explain my vote against clo- the ability of the Democratic Party to amounts candidates spend have some ture on the McCain-Feingold Campaign raise funds from its traditional relation to breadth of support. This Finance Reform legislation. sources, while disproportionately lim- proposal may be at least arguably con- As a supporter of campaign finance iting the ability of the Republican sistent with Buckley, since the Court reform, I have previously outlined the Party to conduct itself. in that case recognized that the gov- standards which any reform legislation Finally Mr. President, to have my ernment has ‘‘important interests in MUST meet in order to gain my sup- support, any new campaign finance leg- limiting places on the ballot to those port. In addition, I insist that there be islation must address what I find in my candidates who demonstrate substan- some objectives which should be evi- state to be the most disturbing aspect tial popular support.’’ dent in any reform bill. The McCain- of the way American federal elections In fact, it is that statement by the Feingold bill, unfortunately, falls short are funded: namely, the increasing ex- Court which demonstrates the flaw in of reaching both of these standards, tent to which the campaigns of can- the Buckley versus Valeo decision. In thus I voted against cloture. didates for the House and Senate are fi- the not too distant past, a candidate First in the ‘‘must’’ category is that nancially supported by people who are had to have the endorsement of a polit- any reform legislation must be con- not even constituents of the candidates ical party, or have his or her own sistent with the First Amendment of themselves. McCain-Feingold does not strong, grass roots organization in the Constitution of the United States. even address this problem. There was order to have the large number of peo- Mr. President I could not support no attempt in this bill to limit out of ple it takes to gather sufficient peti- McCain-Feingold because some provi- state or non-constituent contributions tions to be put on the ballot. Now, how- sions of the bill would establish prior to a candidate. ever, it is actually possible to hire peo- restraint on political speech. Specifi- As I mentioned previously, I do sup- ple to collect petition signatures, so cally, section 201 of the bill which port reforming the method by which petitioning does not necessarily dem- seeks to redefine ‘‘express advocacy’’ our federal campaigns are financed. onstrate broad support the way it used raises serious constitutional questions Any campaign finance reform bill I to. In fact, a wealthy candidate, under and would in my judgement fall short support must be consistent with the the current state of the law, doesn’t of the constitutional standard estab- Constitution, not impede on local and have to have any broad support at all lished in Buckley Valeo (1976), the state government prerogatives, affect to gain access to the ballot, only landmark case on campaign finance re- both parties fairly and equally, and ad- enough money to hire enough petition form. dress the problem of special interest, collectors. If the important govern- Second in the ‘‘must’’ category is out-of-state money. Unfortunately, the ment interest the Buckley Court ac- that the legislation must not impede or McCain-Feingold legislation failed to knowledged is to be protected, there- intrude on the prerogatives of the meet these tests and, therefore, did not fore, some limits on the use of money states and local units of government have my support. by wealthy candidates is required. The with respect to how they conduct polit- While Congress will continue to work use of money by wealthy candidates ical campaigns. Mr. President, there on this issue, I feel it is unnecessary to

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S10730 CONGRESSIONAL RECORD — SENATE October 9, 1997 wait for legislation before those of us nothing in this bill that restrains the Rather than reform the way campaigns who are concerned take action. In fact, capacity of any American to go out and are financed, this legislation would in- during my campaign in 1994, I volun- talk about an issue. There is something fringe on the first amendment rights of tarily imposed my own limits on the in this bill that tries to say we are millions of American citizens and place flow of PAC and out-of-state dollars to going to draw a distinction between enormous burdens on candidates run- my campaign. Instead of simply wait- that which is really advocacy for an ning for office. We must ensure the en- ing around for Congress to act, I will issue and that which is trying to elect forcement of the current law before we continue to observe voluntary caps and or defeat a candidate. build a whole new bureaucracy. That is encourage other Members to act them- The bottom line, Mr. President, is what we are talking about. selves in ways they might choose to ad- here is what this fight is about. We I believe this debate over changes in dress concerns they have with our sys- have a group of people who believe that campaign laws is especially timely in tem. their hold on power and their ability to light of the recent discovery of the Several Senators addressed the be elected is dependent on the money video tapes of the White House coffees. Chair. that they spend. They are seeking a It is illegal to campaign, it is illegal to The PRESIDING OFFICER. The Sen- partisan political advantage in what- raise money on Federal property. They ator from Kentucky is recognized. ever structure they try to form as cam- are more suspicious since the White Mr. MCCONNELL. Mr. President, in paign finance reform. Now, that is not House withheld the critical evidence an effort to try to accommodate the new here. I have seen that on this side from the investigative committee for Senators here, we have about 9 min- of the aisle, too. My colleagues are over 8 months. They just found the utes; is that correct? fairly—and I underscore ‘‘fairly’’—con- tapes? They just found part of the The PRESIDING OFFICER. The Sen- cerned about whether or not, if they tapes—44 out of 150? How hard can tapes be to find? Don’t they have a pro- ator is correct. are limited in some regard, people who cedure for storing tapes? If they are Mr. MCCONNELL. Would it be agree- oppose them—in some instances important enough for history in the able to the Senator from Massachu- labor—are going to have an unfair ad- first place, should there not be a mech- setts and the Senator from Wyoming vantage. We ought to have a fairer anism for finding them? that they each take 4 minutes, and I playing field. While it’s not clear what took place, will have the last minute, as I have not NOWE But what Senator S and Senator it calls out for a serious investigation spoken in this hour? Would that be JEFFORDS offered us as we tried to ne- and the appointment of a special pros- fair? gotiate was not a fair playing field. We ecutor. Mr. KERRY. Mr. President, is it pos- wound up with labor having to have its Now we want to add extra criteria. If sible to get an extra 2 minutes? members give their written consent as we just add them, will Congress be the Mr. MCCONNELL. It is 9 minutes to what they would allow their dues to only ones who have to abide by them? until the vote. I say to my friend from do. But a member of the National Rifle Will an acceptable defense be that ev- Massachusetts, if we quit talking about Association, a stockholder of AT&T erybody is doing it, even if that is not it and enter into an agreement, you whose money also winds up going into true? One of the lessons I learned in my will have 4 minutes, Senator ENZI will political purposes, would not be treated 18 years in elected office is that you have 4 minutes, and I will have 1. the same. don’t increase compliance with exist- The PRESIDING OFFICER. Is there So, in effect, we will see a failure ing laws by increasing the complexity. objection? today because the Republicans decided We haven’t talked about truth in ad- Without objection, it is so ordered. they wanted to try to legislate an un- vertising. We haven’t talked about how The PRESIDING OFFICER. The Sen- fair advantage to themselves. We are much money is being spent and a way ator from Massachusetts has 4 min- simply not going to allow that to hap- to disclose and to get accurate and utes. pen. It is a tragedy for the American complete disclosure from all groups Mr. KERRY. Mr. President, let me people that partisan efforts are going that are involved in the process. We are speak rather quickly as to where we to take precedence over what is an only touching on campaign finance re- find ourselves. Notwithstanding the overwhelming desire by the American form, and we are calling it the whole comments just heard with respect to people to see their democracy pro- ball of wax, the whole answer to every- the desire for campaign finance reform, tected and not to have it increasingly thing. there is one simple fact that the coun- become a dollar-ocracy or whatever Mr. President, while the McCain- try is about to witness. The U.S. Sen- you want to call it. Increasingly, this Feingold legislation claims to clean up ate is about to see campaign finance system is broken. Everybody knows it. elections, it does so by placing uncon- reform stay off the calendar and only For the Senate simply to sort of fall stitutional restrictions on citizen’s come back, not as a matter of auto- prisoner to a parliamentary process of ability to participate in the political matic debate on the floor of the Sen- partisanship rather than a genuine ef- process. For the past few weeks, we ate, only come back if the majority fort to try to come to agreement, I have heard Members of this Senate be- leader decides he wants to bring it think, does not serve any of us well moan the fact that various citizen back. here. I regret that. I regret it for the groups have taken out ads criticizing Effectively, we are witnessing 45 institution. For the 13 years I have them during their elections. Having Democrat U.S. Senators prepared to been here, we have been trying to deal just run my first statewide campaign vote today for McCain-Feingold, for with campaign finance reform. One last year, I can sympathize with my campaign finance reform, and we have side or the other is always trying to colleagues who have been the object of at least 4 Republican Senators pre- find that advantage. We have shown often pointed and critical campaign pared to vote for it today, and we are how you can do it fairly. Everybody in ads. I’ve said frequently that cam- being denied the ability to be able to the country, I think, has a pretty good paigns need a good truth in advertising have that up-or-down vote on campaign definition of that fairness. I hope my law. That’s not restriction of free finance reform. That is the bottom colleagues will recognize as they go speech. That’s requiring honest speech. line. That is what is happening here. home that their citizens and constitu- Yes, there are fine lines of spin, but we The fact is that we have had an awful ents are really fed up and want change. haven’t even tried to clean up the bla- lot of straws sort of put up as the rea- The PRESIDING OFFICER. The Sen- tantly wrong ads. Instead we want to son for doing this—people hiding be- ator from Wyoming. restrict the right to even tell the hind the first amendment, people hid- Mr. ENZI. Mr. President, I rise in truth. I believe that in a free society it ing behind the notion that incumbency favor of campaign reform, but not the is essential that citizens have the right is at stake. Incumbents get most of the proposal before us. I resent that we to articulate their positions on issues money today. The current system pro- must apparently be for this bill before and candidates in the public forum. tects incumbents. us or we are pictured as being opposed The first amendment to our Constitu- Under McCain-Feingold and under to reform. tion was drafted to ensure that future the Supreme Court, both have said you This bill has gone through somewhat generations would have the right to en- can’t limit issue advocacy. There is of a transformation, but not much. gage in public political discourse that

VerDate Mar 15 2010 22:02 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S09OC7.REC S09OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 9, 1997 CONGRESSIONAL RECORD — SENATE S10731 is vigorous and unfettered. Throughout me in paying trouble to the first tions, shall be brought to a close? The even the darkest of chapters in our Na- amendment and opposing the McCain- yeas and nays are required under the tion’s history, our first amendment has Feingold legislation. rule. The clerk will call the roll. provided an essential protection I thank the Chair and yield the re- The bill clerk called the roll. against inclinations to tyranny. Our mainder of my time. Mr. NICKLES. I announce that the political future relies on the protection Mr. MCCONNELL. I thank the Sen- Senator from Florida, [Mr. MACK] is of free speech. ator from Wyoming for his important necessarily absent. The Supreme Court has consistently contribution to this debate. We have 25 The yeas and nays resulted—yeas 52, held that the first amendment protects speakers in opposition to McCain-Fein- nays 47, as follows: the right of individual citizens and or- gold, and a growing number of our [Rollcall Vote No. 273 Leg.] ganizations to express their views even Members want to speak out in opposi- YEAS—52 through issue advocacy and even if its tion to this piece of legislation. Akaka Feinstein McCain aimed at an individual. The Court has I think a very encouraging thing hap- Baucus Ford Mikulski consistently maintained that individ- pened this morning that I would like to Biden Glenn Moseley-Braun uals and organizations do not fall with- Bingaman Graham Moynihan report to my colleagues right before Boxer Harkin Murray in the restrictions of the Federal elec- the vote. Breaux Hollings Reed tion code simply by engaging in this I had an opportunity to attend an an- Bryan Inouye Reid advocacy. Bumpers Jeffords Robb nouncement of a new organization Byrd Johnson Rockefeller Issue advocacy includes the right to called the James Madison Center for Chafee Kennedy Sarbanes promote any candidate for office and Cleland Kerrey Free Speech. What the James Madison Snowe Collins Kerry his views as long as the communication Center for Free Speech is going to do is Specter does not in express terms advocate the Conrad Kohl handle litigation all across the country Daschle Landrieu Thompson election or defeat of a clearly identi- in cases involving political speech. We Dodd Lautenberg Torricelli fied candidate. As long as independent have heard it announced that the Dorgan Leahy Wellstone communication does not cross the Durbin Levin Wyden forces of reform who want to shut Feingold Lieberman bright line of expressly advocating the Americans out of the political process NAYS—47 election or defeat of a candidate, indi- and being frustrated in Washington are viduals and groups are free to spend as taking their cases out around America. Abraham Faircloth Lugar much as they want promoting or criti- Allard Frist McConnell There have been various State laws and Ashcroft Gorton Murkowski cizing a candidate and his views. While referenda that have passed—all of Bennett Gramm Nickles these holdings may not always be wel- them, so far, struck down in the Fed- Bond Grams Roberts come to those of us running campaigns, eral courts. But the James Madison Brownback Grassley Roth they represent a logical outgrowth of Burns Gregg Santorum Center is going to be there to represent Campbell Hagel Sessions the first amendment’s historic protec- Coats Hatch litigants all across America who stand Shelby Cochran Helms tion of core political speech. We talk up for first amendment free speech. Smith (NH) Coverdell Hutchinson about how much money is spent that Smith (OR) I think that is an important an- Craig Hutchison way for advocacy, but we are just nouncement. The proponents of cam- D’Amato Inhofe Stevens Thomas guessing. We are jumping to the step of paign finance reform have said they are DeWine Kempthorne precluding that right of free speech Domenici Kyl Thurmond not going to go away. The opponents Enzi Lott Warner talking about how much the cost of are not going to go away. The James campaigns have gone up, but we don’t Madison Center is going to be there NOT VOTING—1 even have a mechanism for reporting every time free speech is threatened Mack that in any meaningful way. That anywhere in America. The PRESIDING OFFICER. On this should be the first step. We need quick Mr. President, I ask unanimous con- vote, the yeas are 52, the nays are 47. and complete disclosure of all funds sent that the mandatory quorum call Three-fifths of the Senators duly cho- spent in a campaign, directly and indi- under rule XXII be waived. sen and sworn not having voted in the rectly. That means hard money and The PRESIDING OFFICER. Without affirmative, the motion is not agreed soft. We need to know from where and objection, it is so ordered. to. whom it comes and for what it was f spent. Obviously we need to know how f CLOTURE MOTION the money got there. We need to know CLOTURE MOTION that the laws on collecting it apply to The PRESIDING OFFICER. Under The PRESIDING OFFICER. Under everyone. That’s a simpler step than the previous order, the clerk will re- the previous order, the clerk will re- what is proposed and more constitu- port the motion to invoke cloture. port the motion to invoke cloture. tional too. The assistant legislative clerk read These unconstitutional restrictions The bill clerk read as follows: as follows: CLOTURE MOTION of this bill would increase the power of CLOTURE MOTION the media elites at the expense of the We, the undersigned Senators, in accord- We, the undersigned Senators, in accord- average American voter. Our Founding ance with the provisions of rule XXII of the ance with the provisions of rule XXII of the Fathers drafted the first amendment to Standing Rules of the Senate, hereby move Standing Rules of the Senate, do hereby to bring to a close the debate on S. 25, as protect against attempts such as these move to bring to a close debate on the pend- modified, the campaign finance reform bill: ing amendment No. 1258 to Calendar No. 183, to prohibit one segment of our society Thomas A. Daschle, Carl Levin, J. Lie- from entering into public discourse on S. 25, the campaign finance reform bill: berman, Wendell Ford, Byron L. Dor- Trent Lott, D. Nickles, Jon Kyl, Slade issues that greatly affect them. gan, Barbara Boxer, Jack Reed, Rich- Gorton, Mitch McConnell, Connie I commend the sponsors for elimi- ard H. Bryan, Daniel K. Akaka, Chris- Mack, Larry Craig, Strom Thurmond, nating from the most recent version of topher Dodd, Kent Conrad, Robert Gordon Smith, Jesse Helms, Kay Bai- their legislation the provision that Torricelli, Charles Robb, Joe Biden, ley Hutchison, Christopher S. Bond, forced businesses to give away their Dale Bumpers, Carol Moseley-Braun, Bill Frist, Charles Grassley, Thad product in the form of free broadcast John Kerry. Cochran, Rick Santorum. time. I also appreciated them taking CALL OF THE ROLL VOTE out the complicated funding formulas. The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The Nonetheless, I still cannot support leg- imous consent, the quorum call has question is, Is it the sense of the Sen- islation that stifles the free speech of been waived. ate that the debate on amendment No. the American citizens and gives ex- VOTE 1258 to S. 25, a bill to reform the fi- panded new powers to a Washington The PRESIDING OFFICER. The nancing of Federal elections, shall be bureaucracy. For these reasons, I must question is, Is it the sense of the Sen- brought to a close? The yeas and nays oppose the revised McCain-Feingold ate that debate on S. 25, a bill to re- are required under the rule. The clerk legislation. I ask my colleagues to join form the financing of Federal elec- will call the roll.

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