S5066 CONGRESSIONAL RECORD — SENATE July 17, 2012 It does this by shining a very bright p.m. will be equally divided and con- Anything that moves us back towards that spotlight on the entire process and by trolled between the two leaders or notion of transparency and real-time report- strengthening the overall disclosure re- their designees. ing of donations and contributions I think quirements on groups who are attempt- The Senator from Rhode Island. would be a helpful move towards restoring the confidence of voters. ing to sway our elections. Mr. WHITEHOUSE. Mr. President, I Too often corporations and special believe we have a number of speakers Newt Gingrich has called for report- interest groups are able to hide their who are coming over from the caucus ing every single night on the Internet spending behind a mask of front orga- lunch to discuss the upcoming vote on when people make political donations. has said that it is ‘‘an nizations because they know voters the DISCLOSE Act. I wanted to take enormous, gaping loophole . . . if you would be less likely to believe ads if the time that is available until a form a 527 or 501(c)(4) you don’t have to they knew the motives behind their speaker shows up to continue to report disclose who the donors are.’’ sponsors. For instance, an indication of the previous support for disclosure Well, this is a chance for our col- who is funding many of these shell or- from our colleagues and from other Re- leagues to close that enormous, gaping ganizations can be seen in the delayed publican officeholders and officials. loophole their Presidential nominee disclosures of the so-called super PACs. I think where I left off in my pre- has pointed out. In fact, a Forbes article recently re- vious listing was Senator LISA MUR- ported that 30 billionaires now are One of my favorite comments is by KOWSKI, who wants Citizens United re- Mike Huckabee. Mike Huckabee said: backing Romney’s super PAC. It is un- versed and has said: I wish that every person who gives any known how much these same billion- Super PACs have expanded their role in fi- aires or their corporate interests are money [to fund an ad] that mentions any nancing the 2012 campaigns, in large part due candidate by name would have to put their already providing to other organiza- to the Citizens United decision that allowed name on it and be held responsible and ac- tions with even less scrutiny. unlimited contributions to the political ad- countable for it. And it’s killing any sense of The DISCLOSE Act ends all that. vocacy organizations. civility in politics because of the cheap shots Specifically, the act requires any of She said: that can be made from the trees by snipers these front organizations who spend However, it is only appropriate that Alas- that you never can identify. $10,000 or more on a campaign to file a kans and Americans know where the money The cheap shots that can be made disclosure report with the Federal comes from. from the trees by snipers that you Election Commission within 24 hours My friend Senator JEFF SESSIONS, a never can identify. Let me give an ex- and file a new report for each addi- ranking member on the Judiciary Com- ample of that. tional $10,000 or more that is spent. mittee, at one point said: I am going to read parts of an article This is a major step in pulling back the I don’t like it when a large source of from this morning’s New York Times. curtain on the outlandish and unfair money is out there funding ads and is unac- In early 2010, a new organization called the spending practices that are corrupting countable. . . . To the extent we can, I tend Commission on Hope, Growth and Oppor- our Nation’s political process. It is a to favor disclosure. tunity— major step toward the kind of open and Senator CORNYN said: With a name like that, you know it honest government the American peo- I think the system needs more trans- has to be bad in this environment— ple demand and deserve. parency, so people can more easily reach filed for nonprofit, tax-exempt status, tell- The DISCLOSE Act brings trans- their own conclusions. ing the Internal Revenue Service it was not parency to these shady spending prac- going to spend any money on campaigns. Senator COLLINS has been quoted: tices and makes sure voters have the Weeks later, tax-exempt status in hand as information they need so they know Sen. Collins . . . believes that it is impor- well as a single $4 million donation from an who they can trust. It is a common- tant that any future campaign finance laws anonymous benefactor, the group kicked off include strong transparency provisions so a multimillion-dollar campaign against 11 sense bill. It should not be controver- the American public knows who is contrib- sial, and anyone who thinks voters Democratic candidates, declining to report uting to a candidate’s campaign, as well as any of its political spending to the Federal should have a louder voice than special who is funding communications in support of Election Commission, maintaining to the interest groups should be supporting or in opposition to a political candidate or I.R.S. that it did not do any political spend- our bill. issue. ing at all, and failing to register as a polit- This bill aims to protect the very That is from the Hill. ical committee required to disclose the core of our Federal election process. It Senator SCOTT BROWN has said: names of its donors. Then, faced with mul- tiple election commission and I.R.S. com- protects the process by which our citi- A genuine campaign finance reform effort plaints, the group went out of business. zens fairly assess the people they be- would include increased transparency, ac- lieve will best come here and be their countability and would provide a level play- The editorial continues: voice and represent their communities. ing field to everyone. ‘‘C.H.G.O.’s story is a tutorial on how to It exposes the hidden hand of special Senator TOM COBURN has said: break campaign finance law, impact elec- tions, and disappear—the political equiva- interests, and it creates an open proc- So I would not disagree there ought to be ess for who gets to stand before them lent of a hit and run,’’ Citizens for Responsi- transparency in who contributes to the super bility and Ethics . . . wrote in a new report. as representatives. PACs and it ought to be public knowledge. I am proud to support this bill and . . . We ought to have transparency. . . . If A cheap shot from the trees by a proud of the efforts by Senator WHITE- legislators were required to disclose all con- sniper you can never identify, and to HOUSE and so many others in the Sen- tributions to their campaigns, the public this day no one has ever identified the ate. I urge all our colleagues to vote knowledge would naturally restrain legisla- $4 million donor. for this bill. Let’s move it forward. tors from acting out of the current quid pro I see the Senator from New Jersey. I quo mindset. If you have transparency, you Let’s do what is right for America. am delighted to yield to him so he can will have accountability. make his remarks. f As I reported earlier today, the Re- I yield the floor. RECESS publican Senate support goes to people The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under who have left the Senate as well. I ator from New Jersey. the previous order, the Senate stands would remark again on the extraor- Mr. LAUTENBERG. Mr. President, in recess until 2:15 p.m. dinary editorial written in the New yesterday we witnessed quite a sight. Thereupon, the Senate, at 12:29 p.m., York Times by Senators Hagel and Not a single Republican was willing to recessed until 2:15 p.m. and reassem- Rudman. stand up to oppose secret money and bled when called to order by the Pre- House Speaker Representative BOEH- elections. Today they will have an- siding Officer (Mr. FRANKEN). NER has said: other chance to announce their support f I think what we ought to do is we ought to and tell their constituents whether have full disclosure, full disclosure of all the they would prefer that secret money DISCLOSE ACT OF 2012—MOTION TO money we raised and how it is spent. And I buys the politicians or does it take PROCEED—Continued think sunlight is the best disinfectant. their constituents’ votes to get people The PRESIDING OFFICER. Under Representative ERIC CANTOR, the ma- in place who care about where this the previous order, the time until 3 jority whip, I believe, has said: country is going.

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.026 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5067 Republicans will have a chance to they have even taken their first team and the House has passed a long- show Americans where they stand: breath. term budget plan that will alter the with millions of individual voters or Polluters just ignore the costs to debt course of America and put us on a the few billionaires who seek to drown American families. They think their responsible path—not so in the Senate, out the voices of our citizens by using right to pollute is more important than even though they talked about it in se- secret money. the average person. The children in our cret amongst themselves that they had Yesterday, I came to the floor to country have the right to breathe. It is a plan. Let’s disclose it. Why don’t we present the identities of two of the big- foul play if we have ever seen it. Put have a disclosure of it. gest supporters of secret money in poli- your money up, take fresh air away October 1 is coming up pretty fast, tics, David and Charles Koch. They are from young people, and create prob- particularly since we are going to be in joined by somebody we read about yes- lems that mercury in our environment recess virtually the entire month of terday in the papers and heard on the does. August and it looks like the entire news by the name of Sheldon Adelson, Secret money in politics makes it month of October. By October 1, the whose brain money was earned from possible for polluting companies to Congress has a duty and a responsi- Chinese gamblers in Macau to buy spend millions of dollars influencing bility to pass legislation that funds the American politicians. That is some elections, and the American public is government because the new govern- deal. kept in the dark. So I say to my Re- ment fiscal year begins October 1. Sen- The Koch brothers are putting to- publican colleagues: Let your con- ator REID just announced he is not gether a secret group of wealthy science rule your decision. Let’s tell going to produce a single appropria- friends who will spend $400 million to the truth. tions bill. When I first came here, we manipulate the upcoming election. I wish the vote could say: Yes, I want tried to pass all 13 every year, before This effort is one of the egregious ex- secret money to continue being sent. October 1, when the year starts. We are amples of the flood of big, secret They dare us to use that language. not even going to attempt it. money into our politics, and this unac- Come on. There are good people over I think the American people ought to countable money is spent with a clear there. Let’s shine some light on who is ask: What do you plan to spend your goal of determining our laws and decid- pulling the strings in this country. Is it money on next year? The country is ing our elections and the policies this the people or is it the money that suffering substantially. Why don’t you makes the difference in the way this country will follow in the future. The disclose, Senator REID, what the appro- society functions? Koch brothers are set on picking their priations bills are going to be, how I yield the floor. preferred politicians. Too bad that with Mr. SESSIONS. Mr. President, I much money you are going to spend on a country of over 300 million people would like to be notified when I have each one of the items, and subitems these two fellows want to decide who used 5 minutes. and subitems and subitems, so we can should run this country of ours. The PRESIDING OFFICER. Without examine it, bring it up on the floor, Koch Industries controls oil and objection, it is so ordered. and offer amendments, as the Senate is chemical companies that do business Mr. SESSIONS. Mr. President, I un- supposed to operate. Why don’t you around the globe. So what do the Koch derstand we will have a set vote on the disclose that? Isn’t that important for brothers and their anonymous friends DISCLOSE Act. It got 51 votes pre- America? want from politicians who benefit from viously. We need 60 votes to move for- I have to say, since I have been here, their secret money? They want laws ward to pass this bill. It is not likely to this will be the least performing, most that benefit the companies like the happen. Our Democratic colleagues disappointing year of the Senate in our ones they own even when those laws were down here last night into the mid- history. No budget, no attempt to come at the expense of millions of night hour talking about the DIS- bring up a budget, no appropriations. other Americans. I think the reason is CLOSE Act, which is something that is Those are the bread-and-butter require- clear. They want people in office who political and campaign-related that we ments of any Senator. will put their special interests above have a significant difference of opinion Food stamps, the SNAP program. In the public interest. about, and it is not going to pass. 2000, we were spending about $17 billion These brothers run Koch Industries, I would like to ask my friends and on the food stamp program. Last year, which is a giant international con- colleagues what is it we ought to be we spent $79 billion. It has gone up re- glomerate and one of the largest pri- disclosing? Is it the amount of money peatedly. It is out of control. It needs vately held companies in the world. some individual American made hon- to be managed. It needs to be focusing The Kochs’ secret money organiza- estly and spent or maybe there are more on helping people in need, not tion, , has op- some other issues we ought to disclose. just subsidizing people in need—helping posed EPA’s new mercury pollution I would say this Senate ought to dis- them move forward to independence standards. These historic standards close to the American people what its and responsibility. Why don’t my col- will prevent 130,000 asthma attacks, budget plan is for the future of this leagues disclose a plan for that? Isn’t 4,700 heart attacks, and up to 11,000 country. We haven’t had a budget in 3 that important to America? I think it premature deaths. Americans for Pros- years. Senator REID said it would be is. perity, funded by secret money, op- foolish to bring up a budget—foolish There are a lot of other things that posed the rule that will save these because we don’t have time. We had ought to be on the table. lives. They would rather have the time to spend all night last night de- The PRESIDING OFFICER. The Sen- money. We know what millions of peo- bating this bill—or half the night—and ator’s 5 minutes has expired. ple who live near powerplants want. we are having a second vote on the Mr. SESSIONS. I thank the Chair. They want the plants to clean up their same bill again today. Why don’t we There are a lot of other things on the acts and stop poisoning them and their spend some of that time on something table we need to be dealing with and neighbors. important such as dealing with our $16 talking about and being honest about. The Kochs and industry lobbyists billion debt. Why don’t our Democratic It is time to disclose what our financial argue that these standards just cost leaders disclose to us what their plan is plans for the future are. It is time to too much. What is the value of a life to to deal with this surging debt, a debt disclose what we are going to do about these guys? Let them answer the ques- that is increasing at $1.3 trillion a this debt, what we are going to do tion publicly. Turn in the secret money year. It is unsustainable, as every esti- about wasteful spending. It is not being and let the people across our country mate we have ever been told and every done. It is a disappointing year. decide who they want in the Senate, witness has testified to before the I thank the Chair and yield is floor. the House, and the White House. Budget Committee and other commit- The PRESIDING OFFICER. The Sen- How much poorer is our society when tees—unsustainable. Yet they refuse to ator from Florida. children are born with developmental even lay out a plan for how we are Mr. NELSON of Florida. Mr. Presi- problems? A child born with pollution going to confront that. dent, lest we get totally off track and in their body is set back from day one. The House has. They laid out a his- before the Senator from Alabama That child’s potential is stunted before toric plan. Congressman RYAN and his leaves the Chamber, I wish to thank

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.033 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5068 CONGRESSIONAL RECORD — SENATE July 17, 2012 him and congratulate him. The system ever the brand is. That is the whole behind certain initiatives, certainly works when Democrats and Repub- theory behind this. The undisclosed do- when it comes to the financing of cam- licans come together. The Senator nors giving unlimited sums elect whom paigns. They want to know where and from Alabama and I have worked on they want, and that is going to com- when and how and why and that it is many issues together, including the pletely distort the political system. appropriate. Our State legislature has Nation’s national security. Just re- We start from a basis of old Socratic enacted some campaign finance re- cently, the Senate showed how it can ideas, going back to Socrates; that in forms that I think have been good. work together on the RESTORE Act in the free marketplace of ideas, the Alaskans have looked very critically at the Gulf of Mexico when we added a crosscurrents of those ideas being dis- the Citizens United decision and its im- provision directing the fine money to cussed, that out of it truth will emerge pact on the campaigns in this country. be imposed by a judge in New Orleans and the best course of action will I have made no secret of the fact that and redirected that fine money to come emerge. It is upon those ideals that I disagree with the holdings of the Citi- back to the people and the environ- this country was founded; this country, zens United decision which makes it ment and the critters of the gulf. That wanting a representative body such as possible for individuals and business passed in this Chamber 76 to 22—a huge this to come forth and freely and open- entities to make contributions in any bipartisan vote. ly discuss the ideas and hammer out amount, at any time to independent ef- I have had the privilege of working policy. Yet what we are seeing is that forts to elect candidates at the Fed- with the Senator from Alabama on in bringing those elected officials here, eral, State, and local levels. many other issues, including the times by electing them by overwhelming ad- I think this decision not only over- the two of us led the Strategic Sub- vertising from unlimited sources, those turned longstanding Federal law, it committee of the Armed Services Com- elected representatives will be be- also, to a certain extent, displaced mittee on some of the Nation’s most holden to those particular sources and State laws, including the laws in my significant things, such as our overall will not have an independence of judg- own State of Alaska which barred cor- strategic umbrella protecting this ment, will not have the Socratic abil- porate participation in State elections. country. There again, it was Demo- ity in the free marketplace of ideas to It gave birth to a new form of political crats and Republicans working to- hammer out the differences of ideas entity. We all know it; we are all talk- gether. and achieve consensus in order to de- ing about it now, particularly with the So to hear a lot of the rhetoric, termine the direction of the country. Presidential election—the super PAC, a someone outside the Senate would So the very underpinnings of the coun- vehicle for large donors. When we are think we are totally in gridlock. That try are at stake. talking about large donors, we are not has not been the case. However, we Why is this being fought—something just talking about donors who can put come to a point of gridlock again be- that ought to be like a motherhood forth thousands of dollars. We are talk- cause of the Senate rules requiring 60 bill. One is for disclosure of those giv- ing about donors who put forth multi- votes to shut off debate so we can go to ing money to influence the political millions of dollars, and it is done to in- this bill called the DISCLOSE Act. system, just like all the Federal can- fluence the American political process What the DISCLOSE Act does is com- didates have to disclose; and, oh, by in secret by contributing to organiza- mon sense. It is common sense to say, the way, are limited in the amounts of tions with very patriotic names, but if someone is going to affect the polit- contributions to each candidate. What they lurk behind post office boxes. ical system by giving money to influ- is such common sense is being thwart- There is an anonymity, there is a cov- ence the votes at the end of the day in ed. If this legislation were to pass and ering that I do not think the American an election year, all the campaign laws they had to disclose who is giving the public expects or respects. I believe strongly—I believe very say they have to disclose that money, money, do we know what: Most of them strongly—that the Citizens United de- and but for a 5-to-4 Supreme Court de- would stop giving it, and they would cision is corrosive to democracy. At a cision—which is contorted at best and have to operate under the normal cam- very minimum the American people de- is way over the edge at the very least— paign finance laws which say to report serve to know who is behind the orga- its ruling says that because of freedom every dime of a contribution and they nizations, who is funding them, and of speech, outside the political system, are limited as to the amount they can what their real agendas are. one can make advertisements, one can give and the candidate is limited as to the amount they can receive. That is I think if we were to ask the average speak freely; in other words, by spend- American out on the street: Do you ing money, buying ads, and one does fair, but it is more than fair. It is abso- lutely essential to the functioning of think it is reasonable that there be dis- not have to disclose that. Oh, by the the electoral system in order to elect a closure, full disclosure of where the way, that whereas the campaign fi- representative democracy. campaign dollars are coming from, I nance law prohibits in Federal elec- That is what is at stake, and that is think the average American would say: tions corporations from donating, this what we are going to vote on again. Yes. I know the average Alaskan is contorted Supreme Court decision says Unfortunately, we know what the out- saying yes. that can be corporate money and it come of the vote is going to be: 53 in So when they see what this Supreme doesn’t have to be disclosed. favor of disclosing and 47 against, and Court case has allowed—courts have That is what we are seeing in abun- we are not going to know who is giving determined this is constitutional—I do dance in that kind of political speech all this money. not think anybody assumed what it right now in all these attack ads, and I can’t say it any better. It is old would lead to is an ability for an indi- these attack ads are going rapid fire. country boy wisdom that says this vidual to give millions of dollars to in- We look at who it is sponsored by. It is ought to be as easy as night and day, fluence an election, and yet not be sub- not sponsored by the candidate; it is understanding the difference. Yet that ject to a level of disclosure that is fair sponsored by some organization that is what we are facing. and balanced. has a high-sounding name, but we don’t I yield the floor. I came to the floor very late last know where the money is coming from. The PRESIDING OFFICER. The Sen- night after flying in from Alaska. I left This piece of legislation in front of us ator from Alaska. at 7 o’clock in the morning, and my yesterday got 53 votes, and we need 7 Ms. MURKOWSKI. Mr. President, I plane touched down at about 10:15 last more votes to cut off the debate just to have not taken an opportunity to night. As I landed, I saw the lights of go to the bill. This vote is coming at 3 speak to the DISCLOSE Act, which is the Capitol on. I knew somebody was o’clock. We are not going to get it. It currently before us, or the holding of still home. The flag that flies on the is going to be the same result—53 to 47. Citizens United. I haven’t come to the Senate side of the Capitol was still up, Why? Because these outside, unlimited floor to address that, but that does not meaning the Senate was still in ses- sources of funds that are not disclosed mean this has not been a discussion of sion, so I decided to come to the floor are affecting elections and they are great importance in the State of Alas- and see what was going on and to per- achieving the result and we know it. If ka. haps listen to a little bit of the debate. we put enough money into TV adver- Alaskans are a pretty independent I was tired. I was tired from flying. tising, one can sell a box of soap, what- lot. I think they like to know what is But I was truly tired that as a body,

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.034 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5069 when we have an issue that is impor- here at 6 o’clock when that vote was ticipating in the electoral process. The tant, is significant—whether it is cam- taken. But that vote was pretty clear. DISCLOSE Act will make many busi- paign finance or the tax issues we face, There is no way we can reconfigure nesses and organizations ‘‘think twice’’ whether it is the sequestration issue things, even with the support of LISA before engaging in political speech, we will shortly be facing—we are once MURKOWSKI, so that we could actually Senator SCHUMER said in 2010. ‘‘The de- again in a position where we are doing get to this bill and start making those terrent effect should not be underesti- nothing but messaging. I am so tired of changes. mated.’’ messaging, and I think the folks whom So we are sitting here at a point In essence, the Democrats have con- we represent are tired of us messaging. where we have precious little time be- cocted a bill that would silence their I want us to have some reforms when fore us before we break for August and critics while letting their special inter- it comes to campaign finance and the then come back. We have the cam- est allies speak. Nearly every major disclosure that the American public paigns. We have a lot on our plate. I provision of the DISCLOSE Act was de- thinks makes sense, where they say: think we recognize that. Saying that, I signed to encourage speech that helps Good. This is not something where you have already said I think this is a criti- the Democratic Party and discourage are hiding behind an organization, cally important issue. But it is an issue speech that hurts it. For example, the whether it is a 501(c)(4) or a 501(c)(3) or we will not resolve today. It is not pos- legislation favors unions over busi- a super PAC, or however we define it. sible to resolve today. So we should ac- nesses, which belies the notion that it We want to know that you are open cept that fact and move forward. We was crafted to prevent conflicts of in- and you are transparent. have a lot to do. terest. I did not stay too late last night to What I intend to do is to continue If the true purpose of this bill were to listen to the debates. But I will tell the work I began months ago with col- promote transparency and minimize you that the comments I heard from leagues on the other side of the aisle to the influence of political money on my colleagues were pretty sound. For work to resolve some of these issues, to government, then unions would face the life of me, I cannot fathom why it work on a bipartisan basis on a bill the same restrictions as businesses. is appropriate that the name, the ad- that I hope we can take up as a body. But the true purpose of the bill is to dress, the occupation of an individual There are Senators who want to work help Democrats win elections, and who makes a contribution of between on this. I have met with them and we unions overwhelmingly support Demo- $200 and $5,000 to LISA MURKOWSKI’s continue to try to figure out that path crats, so they are given preferential committee must be disclosed—that is forward. But that path forward has to treatment. what is required under the law. But be a bipartisan path. It has to be a bi- It is not the government’s job to ap- somehow or other there is a constitu- partisan path. portion first amendment rights among tional right for someone who gives $1 I hope we can put some kind of a ve- Americans. Those rights belong to million, $15 million to an independent hicle to hearings and consider it on the every citizen, period. I reject any fur- effort that either supports or opposes floor with an open amendment process, ther erosion of a constitutional liberty an election can do so in secrecy. They the way we can and should do things that has preserved and strengthened can do so in a way that is not subject around here. That is what I strive to our democracy for 223 years. I oppose the DISCLOSE Act and urge to disclosure. I do not think that do. That is my commitment. I want to my colleagues to oppose this after- makes sense, and I do not think it work with my colleague from Rhode Is- noon’s cloture motion. would make sense to anybody else out land. I want to work with my col- Mrs. BOXER. Mr. President, I rise in there on the street. What is the dif- leagues from Colorado and Oregon and strong support of the DISCLOSE Act. ference? New York and my colleagues on the It is important for Americans to But I would also suggest to you the Republican side of the aisle. I think we know where the money is coming from converse is true as well. I do not be- all recognize this is in the best inter- that supports the political ads appear- lieve the membership lists—whether it ests of not only those of us in the Sen- ing on their television screens during is the or the National Rifle ate but for those we represent—that election season. Association or the NAACP—I do not there is a level of transparency, open- This bill is a much needed response think those lists need to be public be- ness, fairness, and balance when it to the Supreme Court’s decision in cause an organization has made a rel- comes to campaign finance. That is my Citizens United—a decision that is re- atively small donation from its treas- commitment. sulting in corporate money drowning ury funds to independent efforts. Those With that, I know I have probably out the voices of ordinary citizens. who chose to affiliate with broad-based consumed more than my time. But I In Citizens United, the Supreme membership organizations deserve to appreciate the opportunity to work se- Court overruled decades of legal prece- have their privacy interests main- riously and genuinely with my col- dent when it decided that corporations tained. So you have things going on leagues on this issue. cannot be restricted from spending un- both sides here. Mr. CORNYN. Mr. President, today limited amounts in Federal elections. Again, what we should be doing in the Senate will vote on cloture on the The decision was astounding, not just this case is trying to figure out where motion to proceed to S. 3369, the so- because it was a display of judicial ac- there is a balance. Where is that fair- called DISCLOSE Act. Because the bill tivism but also because it defies com- ness? Given that a $2,500 contribution is designed to protect entrenched mon sense for the Supreme Court to to me as a candidate—the maximum Washington special interests from ordi- conclude that corporations or even that can be given to any candidate for nary Americans who want to exercise labor organizations are citizens, as you any election—has to be disclosed, I do their first amendment rights, I will op- or I am, in the eyes of the law. not understand why the bill that is be- pose cloture. As Justice John Paul Stevens wrote fore us, the DISCLOSE Act 3.0, sets the Regulation of speech always raises in his dissent, ‘‘corporations have no bar for disclosure of a contribution to significant constitutional questions. consciences, no beliefs, no feelings, no an independent effort at $10,000. That The first amendment is a cornerstone thoughts, no desires . . . they are not does not make sense to me either. of our democracy, and the DISCLOSE themselves members of ‘We the People’ So I guess where I am at this point in Act would fundamentally remake the by whom and for whom our Constitu- time—recognizing that in a matter of rules governing free speech in Amer- tion was established.’’ minutes we are going to have yet an- ican elections. It is intended not to In the aftermath of the Citizens other vote on DISCLOSE under recon- promote transparent, accountable, and United decision, special interest groups sideration—I do think that all these fair campaigns, but rather to tilt the known as super PACs with innocuous issues need to be addressed in a DIS- playing field in favor of the Demo- names like ‘‘’’ and CLOSE 4.0. Maybe we will move to that cratic Party and its constituencies. ‘‘’’ are primed to in the next iteration, but that is not Indeed, one of the chief sponsors of spend hundreds of millions of dollars in going to be happening here. Yester- this legislation, Senator CHARLES the 2012 election. day’s vote was decisive. As I men- SCHUMER, has admitted that his goal is According to OpenSecrets.org, Super tioned, I was flying all day. I was not to deter certain Americans from par- PACs have raised $246 million in secret

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Newt Gingrich, told Forbes Magazine: flood of ads of dubious credibility paid Unlike funds given directly to can- ‘‘I’m against very wealthy people at- for by people whose names and motives didates and political parties, which get tempting to or influencing elections, are unknown.’’ reported to the Federal Election Com- but as long as it’s doable, I’m going to The American people deserve to have mission and are available for the public do it.’’ a government that is always of the peo- to review, funds given to super PACs A super PAC affiliated with House ple, by the people, and for the people. are secret, leaving voters with no Republican majority leader ERIC CAN- The DISCLOSE Act will help restore knowledge of who is behind attack ads TOR raised $5.3 million in the third the voice of the people. against political candidates. quarter this year. Adelson is respon- I urge my colleagues to support this Right now the rules require that in- sible for providing $5 million of the bill. dividuals who give $200 or more to a total. Mr. AKAKA. Mr. President, I rise candidate must submit detailed infor- The super PAC affiliated with Mitt today to speak in strong support of S. mation about their identity, their ad- Romney, ‘‘Restore our Future,’’ has 3369, the Democracy Is Strengthened dress, and their occupation. But Citi- raised $61 million so far. Most of this by Casting Light On Spending in Elec- zens United says that if you give $2,000, money came from just a handful of in- tions, DISCLOSE, Act. I am proud to $2 million, or $20 million to a super dividuals. join 39 of my colleagues in sponsoring PAC, you don’t have to disclose a During the 2012 Florida GOP Presi- this measure and urge the Senate to thing. dential primary, Romney super PACs act now to pass this transparent, com- Former member of the Federal Elec- ran 12,000 ads in that state alone. monsense piece of legislation. tion Commission Trevor Potter said in- A New York Times analysis of dona- Free, fair, and open elections, as well dividuals ‘‘can still give the maximum tions to Romney super PACs found as an informed electorate, are funda- $2,500 directly to the campaign—and sizeable amounts from companies with mental to ensuring that our govern- then turn around and give $25 million just a post office box as a headquarters, ment reflects the highest principles of to the Super PAC.’’ and no known employees. democracy, which is the foundation of At a minimum, voters in a democ- A USA Today analysis of GOP super this country. racy deserve to know who is financially PACs through February 2012 found that What is at stake today is nothing supporting candidates for public office. $1 out of every $4 donated to these short of our electoral system. We must Editorial boards in California and Super PACs was given by five individ- reinforce the right of Americans to across the country recognize that dis- uals. make fully informed decisions about closure and transparency are essential A US PIRG/Demos study found that the political candidates and parties for the integrity of our democratic sys- 96 percent of super PAC contributions that seek to represent them in govern- tem. were at least $10,000 in size, quadruple ment. The Sacramento Bee writes that the $2,500 donation limit individuals More than 2 years ago, the Supreme ‘‘reasonable people can disagree on are allowed to give specific candidates. Court’s 5-to-4 decision in Citizens whether corporations should be able to The Center for Responsive Politics United set the stage for the emergence donate to campaigns, or whether the found that the top 100 individual super of super political action committees, size of donations should be capped. But PAC donors make up only 4 percent of PACs, primarily underwritten by there should be no debate about wheth- the total contributors to super PACs, wealthy individuals to finance unregu- er donations should be open and readily but they account for more than 80 per- lated and often anonymous attack po- accessible to the public.’’ cent of the total money raised. litical campaign advertising. This deci- The Los Angeles Times writes that According to , the Koch sion effectively puts our elected posi- ‘‘there is no cogent argument against Brothers and their companies plan to tions up for sale to moneyed interests. maximum disclosure. Nor is there any spend $400 million on the 2012 election, The DISCLOSE Act would address First Amendment argument for secrecy which would be more than Senator problems caused by the Citizens United . . . If those who seek to influence elec- JOHN MCCAIN raised during his entire decision by restoring accountability tions don’t have the courage of their 2008 run for President. and transparency to our electoral sys- convictions, Congress must act to iden- A super PAC called ‘‘Spirit of Democ- tem. It would simply require labor tify them.’’ racy America’’ spent $160,000 in support unions, traditional PACs, super PACs, The San Jose Mercury News writes of a primary candidate in California’s and other covered organizations that that ‘‘since the Supreme Court made it 8th Congressional District. The super spend $10,000 or more on political cam- all but impossible to regulate cor- PAC has no Web site and provided no paigns to identify themselves by filing porate influence on campaigns, the details prior to the primary election to a timely report with the Federal Elec- only thing left is requiring swift and voters in the district about who was tions Commission. thorough disclosure.’’ behind their expenditures. The super Opponents of the DISCLOSE Act And that is exactly what the DIS- PAC accounted for 64 percent of all the claim that this bill would impede free CLOSE Act does. outside money spent on the race. speech and discourage political in- It requires super PACs, corporations, A 21-year-old Texas college student volvement. I cannot disagree more. To and labor organizations that spend used a multimillion dollar inheritance the contrary, the DISCLOSE Act pre- $10,000 or more for campaign purposes from his grandfather to spend more serves the right to express one’s opin- to file a disclosure report with the Fed- than $500,000 on television ads and di- ions and ideas through contributions to eral Election Commission within 24 rect mail in a Kentucky congressional political campaigns; it only forces hours of the expenditure. The organiza- election, helping his handpicked can- large contributors to identify them- tion must also disclose the sources of didate win the primary in an upset. selves when making influential con- all donations it receives in excess of The American people are tired of tributions. Furthermore, it promotes $10,000. The disclosure must also in- these stories, and they are tired of big civic involvement by empowering vot- clude a certification that organiza- money in politics. ers to effectively participate in the tion’s spending is in no way coordi- Overwhelmingly, and on a bipartisan electoral process and make informed nated with a candidate’s campaign. basis, they support disclosure laws and choices about their leaders. These are carefully targeted reforms to contribution limits. We are all here to represent the vot- ensure that the American people are Because of the massive influence ers in our States and districts who informed during the electoral process. super PACs are having on elections, have entrusted us to represent them. In

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And information that could influence their never have a handful of people had such these secret groups, such as Cross- decision: who we are, who our sup- awesome tools to influence our polit- roads, with $76.8 million, and the ma- porters are, and how much support we ical system in a way they choose with- jority of the money that they spend is have received from various sources. out any accountability—never. secret money—that has changed the No democracy, including this one, The robber barons were more ac- debate. But those who are out of the can remain fair, successful, and viable countable and more diffuse. The small need for that secret money, such as if wealthy individuals are allowed to group that led America, supposedly, in former Republican Senators Rudman spend unchecked sums of money to the 1920s was more accountable and and Hagel, are clear: more diffuse. The military industrial anonymously influence the outcomes A bill is being debated this week in the of its elections. complex that President Eisenhower Senate, called the DISCLOSE Act of 2012. I urge my colleagues to do what is warned about was far broader and more This bill is a well-researched, well-conceived right for all Americans today and pass diffuse. To have a small number of peo- solution to this insufferable situation. We this important bill. ple—most of them angry people, most believe every Senator should embrace the I yield the floor. of them people who do not even give DISCLOSE Act of 2012. This legislation The PRESIDING OFFICER (Mr. any attention to someone who does not treats trade unions and corporations equally WEBB). The Senator from New York. agree with them—to give them such and gives neither party an advantage. It is Mr. SCHUMER. First, Mr. President, awesome power, which is the power to good for Republicans and it is good for I ask unanimous consent that I be run negative political ads over and Democrats. given 4 minutes, the Senator from over and have no accountability as to Most important, it is good for the Rhode Island be given 6 minutes to who is running them, that is a true American people. I urge my colleagues conclude, and we vote immediately danger to the Republic. on the Republican side to follow the ex- thereafter. It befuddles me that our U.S. Su- ample of their former colleagues Sen- The PRESIDING OFFICER. Is there preme Court does not see it. We want ator Rudman and Senator Hagel; and I objection? our courts to be insulated from the vi- pledge to Senator MURKOWSKI that we Without objection, it is so ordered. cissitudes of politics. But to have a take her comments very seriously. She Mr. SCHUMER. First, I would just Court that is so insulated that it does has cast a sliver of daylight. I intend to like to make one preliminary com- not see, smell, hear, touch what is pursue that sliver ardently to work ment, and then I would like to address going on in this Republic does not through this problem. what my colleague from Alaska has speak well of that Court. I think it is I will conclude by also compli- said and this bill. the main reason its popularity has de- menting Senator MCCAIN. He believes FISCAL POLICY clined. I hope our Justices will wake there is a benefit for unions in here On another issue, I just heard that and realize what they are doing. that I do not see, which I disagree ex- Vice President Cheney came to address I would say again—first, I wish to ists. But certainly he has a record of the Republican caucus on our fiscal thank Senator WHITEHOUSE. He has courage and determination on cam- cliff. I would suggest that the man who been a great leader on this issue. I wish paign finance that entitles his judg- said deficits do not matter is not a to thank all my colleagues. We have ment to our respect. I look forward to very good teacher for the Republican been debating this bill for 10 hours— working with both of them. caucus when it comes to deficit reduc- more than 10 hours, I believe—and there has not been one quorum call, I yield back our time. tion and the fiscal cliff. They could get The PRESIDING OFFICER. Under better teachers than that. which means there has been speaking time from about 6 last night until 1 in the previous order, the motion to pro- As for this issue, first, I wish to ceed to the motion to reconsider the thank my colleague from Alaska for the morning—— The PRESIDING OFFICER. The Sen- vote by which cloture was not invoked her heartfelt comments. She is what ator’s time has expired. on the motion to proceed to S. 3369 is we need, somebody who cares about Mr. SCHUMER. Mr. President, I yield agreed to. The motion to reconsider is this issue, somebody who has great the floor. agreed to. reach across the aisle, and somebody The PRESIDING OFFICER. The Sen- CLOTURE MOTION who is willing to work with us. ator from Rhode Island. It is true, it is obvious we will not Mr. WHITEHOUSE. Mr. President, at The PRESIDING OFFICER. The have the votes to win the DISCLOSE least—at least—10 Republican Senators clerk will report the motion to invoke Act. It is simple disclosure. We tried to are on record supporting transparency cloture. make it—under the leadership of Sen- and disclosure in election spending. The assistant bill clerk read as fol- ator WHITEHOUSE; I will address that in Some of them are very significant lead- lows: 1 minute—we tried to make it as nar- ers on the Republican side. CLOTURE MOTION row as possible. We tried to deal with Senator MITCH MCCONNELL said this: We, the undersigned Senators, in accord- all the objections we heard about labor I think disclosure is the best disinfectant. ance with the provisions of rule XXII of the unions and others. That is why there is Senator JOHN CORNYN, head of the Standing Rules of the Senate, hereby move a $10,000 amount—far beyond the labor Republican campaign operation, said to bring to a close debate on the motion to union dues of any union I am aware of. this: proceed to calendar No. 446, S. 3369, a bill to We tried to make it as down the middle I think the system needs more trans- amend the Federal Election Campaign Act of as possible for simple disclosure. parency so people can more easily reach 1971 to provide for additional disclosure re- But I understand where my colleague their own conclusions. quirements for corporations, labor organiza- tions, Super PACs and other entities, and for from Alaska is coming from. I respect Other Senators, colleagues, and it, and I look forward to working with other purposes. friends come from States that require Harry Reid, , Jack her. She might be the bridge we need disclosure in election spending. The Reed, Joseph I. Lieberman, Jon Tester, because, mark my words, if we do not States they represent know this is Mark L. Pryor, Benjamin L. Cardin, do something about this, we will not wrong. The arguments against this bill Christopher A. Coons, Jeanne Shaheen, have the Republic we know in 5 years. are few. Some of those arguments are Daniel K. Akaka, Herb Kohl, Charles E. It is that simple. This great country we false. Others don’t hold water. Huge Schumer, Mark Begich, Tim Johnson, all love has been dramatically changed majorities of Americans—Republicans, Robert Menendez, Frank R. Lauten- by Citizens United. The failure to cor- Democrats, and Independents—support berg, Mark Udall, . rect its huge deficiencies, to have such cleaning up this mess. The PRESIDING OFFICER. By unan- a small number of people have such a More than 700,000 Americans signed imous consent, the mandatory quorum huge influence on our body politic—we up as citizen cosponsors of this bill in call has been waived.

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The unfortunately, as happens on every- quirements for corporations, labor or- clerk will report the motion. thing now, when the leader attempts to ganizations, super PACs, and other en- The assistant legislative clerk read move to a bill, there is an objection to tities, and for other purposes, shall be as follows: that. When there is, it puts us into a situation where we have to spend sev- brought to a close? Motion to proceed to Calendar No. 442 (S. The yeas and nays are mandatory 3364), a bill to provide an incentive for busi- eral days trying to overcome a poten- under the rule. nesses to bring jobs back to America. tial filibuster to be able to move to the bill. So, process-wise, that is where we The clerk will call the roll. CLOTURE MOTION are. The bill clerk called the roll. Mr. REID. Mr. President, I have a Mr. KYL. The following Senators are From a substance standpoint it is ab- cloture motion at the desk in reference solutely critical that we move to this necessarily absent: the Senator from to this legislation. Illinois (Mr. KIRK) and the Senator bill and that we pass it. The great re- The PRESIDING OFFICER. The clo- cession and the financial collapse of from Alabama (Mr. SHELBY). ture motion having been presented pur- Further, if present and voting, the 2008 were absolutely devastating to our suant to rule XXII, the Chair directs Senator from Alabama (Mr. SHELBY) economy. We know that during that the clerk to read the motion. time, 8 million Americans lost their would have voted ‘‘no.’’ The assistant legislative clerk read The PRESIDING OFFICER. Are there jobs and many are still struggling to as follows: any other Senators in the Chamber de- get out of their own deficit hole be- siring to vote? CLOTURE MOTION cause of what happened. These are peo- The yeas and nays resulted—yeas 53, We, the undersigned Senators, in accord- ple who worked all their lives and nays 45, as follows: ance with the provisions of rule XXII of the played by the rules, only to have the Standing Rules of the Senate, hereby move [Rollcall Vote No. 180 Leg.] rug pulled out from under them. to bring to a close the debate on the motion Many of these people were folks who YEAS—53 to proceed to Calendar No. 442, S. 3364, a bill worked in manufacturing, many in my Akaka Hagan Nelson (NE) to provide an incentive for businesses to Baucus Harkin Nelson (FL) bring jobs back to America. great State of Michigan. We are so Begich Inouye Pryor Harry Reid, Debbie Stabenow, Sheldon proud that we make things in Michi- Bennet Johnson (SD) Reed Whitehouse, Al Franken, Richard J. gan. We do not have a middle class, we Bingaman Kerry Reid Durbin, Sherrod Brown, Richard do not have an economy unless we Blumenthal Klobuchar Rockefeller Boxer Kohl Blumenthal, Jeff Merkley, Christopher make things. That is what we do in Sanders A. Coons, Robert P. Casey, Jr., Ben- Brown (OH) Landrieu Schumer Michigan. For decades, this has been Cantwell Lautenberg jamin L. Cardin, Jeanne Shaheen, Shaheen the foundation of our economy. Frank- Cardin Leahy Kirsten E. Gillibrand, Charles E. Schu- Stabenow Carper Levin ly, it created the middle class of our Tester mer, Jack Reed, Barbara A. Mikulski, Casey Lieberman John D. Rockefeller IV. country and we are proud it started in Conrad Manchin Udall (CO) Michigan with the beginning of the Coons McCaskill Udall (NM) Mr. REID. I ask unanimous consent Warner automobile industry. Durbin Menendez that the mandatory quorum required It is no coincidence that as those jobs Feinstein Merkley Webb under rule XXII be waived. Whitehouse have disappeared over the decades, the Franken Mikulski The PRESIDING OFFICER. Without Gillibrand Murray Wyden middle class has begun to disappear as objection, it is so ordered. well and families are in more and more NAYS—45 Mr. REID. Mr. President, once again Alexander DeMint McCain difficult situations personally as a re- I am disappointed, as I think most peo- sult of that. Those jobs have been the Ayotte Enzi McConnell ple in this country are, on an issue as Barrasso Graham Moran driving force of our economy for dec- Blunt Grassley Murkowski timely as this, outsourcing jobs, that ades, as I indicated. Those jobs are the Boozman Hatch Paul we once again are being stymied on jobs that allowed the ‘‘greatest genera- Brown (MA) Heller Portman moving to that legislation. We are Burr Hoeven Risch tion’’ to build the greatest economy in Chambliss Hutchison Roberts going to have a vote. The rules are we the world, the greatest economy we Coats Inhofe Rubio cannot have a vote on this until 2 days have ever seen. Those jobs led to tree- Coburn Isakson Sessions go by, so that is a vote on Thursday. If Cochran Johanns Snowe lined streets with at least one car in Collins Johnson (WI) Thune cloture is invoked on that, then we are every driveway, and the freedom to Corker Kyl Toomey only on the bill, and then to get off of raise a family and send them to college Cornyn Lee Vitter it would take another series of days. I Crapo Lugar Wicker and maybe have the cottage up north think to get final action on this is and be able to take the family on vaca- NOT VOTING—2 going to take a week. tion and have the American dream. Kirk Shelby It is so unfortunate that we have to Today in fact that dream is in jeop- The PRESIDING OFFICER. On this go through this. We have gone through ardy and every American family knows vote, the yeas are 53, the nays are 45. this so many times. There is, I repeat, that. But it does not have to be that Three-fifths of the Senators duly cho- not an issue more timely than this— way. In the last decade, companies sen and sworn not having voted in the outsourcing jobs. Whether it is the shipped 2.4 million jobs overseas. To affirmative, the motion upon reconsid- Olympic uniforms or the many other add insult to injury, American tax- eration is rejected. jobs that have been lost around the payers were asked to help foot the bill. Mr. CARDIN. I suggest the absence of country, the American people are tired It is amazing. When I explain that to a quorum. of it, but I think it is unfortunate the folks in Michigan, they say you have to The PRESIDING OFFICER. The Republicans are stopping us from being be kidding—or they say other things I clerk will call the roll. able to start legislating on this bill. cannot repeat on the floor of the Sen- The assistant bill clerk proceeded to The PRESIDING OFFICER. The Sen- ate. Just imagine if you are one of call the roll. ator from Michigan. those workers in Michigan or in Vir- Mr. REID. Mr. President, I ask unan- Ms. STABENOW. Mr. President, I ginia or in Ohio or in Wisconsin or any- imous consent that the order for the rise today to urge my colleagues to where in this country who maybe was quorum call be rescinded. support the motion we have before us forced to train your overseas replace- The PRESIDING OFFICER. Without to begin consideration of my bill, the ment before you were laid off. Imagine objection, it is so ordered. Bring Jobs Home Act. I thank my lead- what your reaction would be—more Mr. REID. Mr. President, I withdraw er for making this a priority and thank colorful than I have been able to state my pending motion to proceed. the President of the United States for here. When an American worker is The PRESIDING OFFICER. The mo- also making this a priority as we move asked to subsidize the moving ex- tion is withdrawn. forward. penses, as they do today under current

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