E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, MONDAY, JULY 16, 2012 No. 106 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, July 17, 2012, at 12 noon. Senate MONDAY, JULY 16, 2012

The Senate met at 2 p.m., and was The legislative clerk read the fol- The legislative clerk read as follows: called to order by the Honorable CHRIS- lowing letter: Motion to proceed to Calendar No. 446, S. TOPHER A. COONS, a Senator from the U.S. SENATE, 3369, a bill to amend the Federal Election State of Delaware. PRESIDENT PRO TEMPORE, Campaign Act of 1971 to provide for addi- Washington, DC, July 16, 2012. tional disclosure requirements of corpora- PRAYER To the Senate: tions, labor organizations, super PACs, and The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, other entities, and for other purposes. of the Standing Rules of the Senate, I hereby fered the following prayer: SCHEDULE appoint the Honorable CHRISTOPHER A. Mr. REID. Mr. President, at 5 p.m., Let us pray. COONS, a Senator from the State of Dela- Eternal God, who keeps us in Your ware, to perform the duties of the Chair. the Senate will proceed to executive love, forgive us when we give our best DANIEL K. INOUYE, session to consider the nomination of to the wrong things. Keep us from be- President pro tempore. Kevin McNulty to be United States coming annoyed and angry about Mr. COONS thereupon assumed the District Judge for the District of New things which in our calmer moments chair as Acting President pro tempore. Jersey. At 5:30 p.m., there will be two rollcall we know do not matter. Give our law- f makers this day the wisdom to know votes. The first vote will be on con- what is important and what is unim- RECOGNITION OF THE MAJORITY firmation of the McNulty nomination. portant so they will never forget the LEADER There will then be 10 minutes of debate things that truly matter. Help them, The ACTING PRESIDENT pro tem- prior to a cloture vote on the motion Lord, to never let the things that do pore. The majority leader is recog- to proceed to the DISCLOSE Act. not matter to matter too much. Give nized. MEASURE PLACED ON THE CALENDAR—H.R. 6079 them in all their duties Your help, in Mr. REID. Mr. President, I suggest Mr. REID. Mr. President, I am told all their perplexities Your guidance, the absence of a quorum. H.R. 6079 is at the desk and due for a and in all their dangers Your protec- The ACTING PRESIDENT pro tem- second reading. tion. pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- We pray in Your great Name. Amen. The legislative clerk proceeded to pore. The clerk will read the bill by f call the roll. title for the second time. Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: PLEDGE OF ALLEGIANCE imous consent that the order for the quorum call be rescinded. A bill (H.R. 6079) to repeal the Patient Pro- The Honorable CHRISTOPHER A. COONS tection and Affordable Care Act and health led the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- care-related provisions in the Health Care I pledge allegiance to the Flag of the pore. Without objection, it is so or- and Education Reconciliation Act of 2010. dered. United States of America, and to the Repub- Mr. REID. I now object to any fur- lic for which it stands, one nation under God, f ther proceedings on this matter. indivisible, with liberty and justice for all. DISCLOSE ACT OF 2012—MOTION TO The ACTING PRESIDENT pro tem- f PROCEED pore. Objection is heard. The bill will APPOINTMENT OF ACTING Mr. REID. Mr. President, I now move be placed on the calendar under rule PRESIDENT PRO TEMPORE to proceed to Calendar No. 446, S. 3369, XIV. The PRESIDING OFFICER. The the DISCLOSE Act. THE DISCLOSE ACT clerk will please read a communication The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, Thomas to the Senate from the President pro pore. The clerk will report the bill by Jefferson, one of our greatest Presi- tempore (Mr. INOUYE). title. dents, once said,

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

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VerDate Mar 15 2010 01:34 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JY6.000 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S4986 CONGRESSIONAL RECORD — SENATE July 16, 2012 The end of democracy . . . will occur when Yet my Republican colleagues, with economic recovery in modern times, government falls into the hands of lending rare exception, have lined up against and just 51⁄2 months away from the cul- institutions and moneyed corporations. this commonsense legislation. Their mination of tax hikes and spending Campaign finance reform protections newfound opposition to transparency cuts already being referred to around we have in place—and have had for makes one wonder who they are trying the world as America’s fiscal cliff, Sen- many years—have solved the problem to protect. Perhaps Republicans want ate Democrats want us to waste our Jefferson talked about by limiting po- to shield a handful of billionaires will- time on the DISCLOSE Act, a bill that litical spending by corporations. Then ing to contribute nine figures to sway has only two discernible purposes: to out of nowhere came the Supreme a close Presidential election. create the impression of mischief Court to issue its Citizens United opin- If this flood of outside money con- where there is none, and to send a sig- ion, rolling back a century of work to tinues, the day after the election 17 nal to unions that Democrats are just make elections transparent and cred- angry old White men will wake up and as eager to do their legislative bidding ible. realize they have just bought the coun- as ever. The result of Citizens United has try. That is a sad commentary. About Think about it. We have had 41 been a flood of corporate, special-inter- 60 percent or more of these outside dol- straight months of unemployment est campaign spending by shadowy lars are coming from these 17 people. above 8 percent. It has been more than front groups with questionable mo- These donors have something in com- 3 years since the Democratic Senate tives. Not since the days of Teddy Roo- mon with their nominee. Like Mitt passed a budget, but this is what they sevelt, a Republican who put a stop to Romney, they believe they play by want to do. unlimited corporate donations, has their own set of rules. Mitt Romney For months Republicans have been America seen this kind of out-of-con- has refused to release his tax returns. I urging Democrats to do something trol spending to influence elections. think everybody in America now about the approaching fiscal cliff now, Democrats and the majority of Amer- knows that. From the one and only re- before it is too late. The American peo- icans believe the Supreme Court got it turn we have seen, we know Mitt Rom- ple don’t expect us to see every crisis very wrong with Citizens United. Anon- ney pays a lower tax rate than most that comes around the corner, but they ymous spending by so-called non- middle-class families. We know he has should be able to expect us to do some- profits, often backed by huge corporate a Swiss bank account. We know he thing about the problems we do see and donors or a few wealthy individuals, takes advantage of tax shelters in the that we know are coming. Yet last used to make up 1 percent of election Cayman Islands and tax shelters in week President Obama signaled that he spending. This year it will make up Bermuda. But we can only guess what and his campaign advisers think it is well over half of the spending. There is new secrets would be revealed if we good politics to keep the threat of no question Citizens United opened the could examine a dozen years of his tax these looming tax hikes on everyone door for big corporations and foreign returns. His father, George Romney, right on the table as supposed leverage entities to secretly spend hundreds of set the standard for Presidential elec- in an effort to raise taxes on nearly 1 millions of dollars to influence elec- tions. He released 12 years of tax re- million business owners right now. tions and undermine the fairness and turns so Americans could evaluate his As the Washington Post reported this integrity of the process. Let us look at record for themselves. His son should morning, not only do Democrats in Nevada. Through the first part of this also let his records out so we can Congress agree with him, they are year, more money has been spent per evaluate his record for ourselves. ready and willing to go right off the capita on TV ads in Nevada than in any Even nominees for Cabinet posts are fiscal cliff if they don’t get their way. required to release 3 years of tax re- other State in the country. Most of the In their near fanatical crusade to in- turns and declare financial holdings ads have been funded by anonymous flict even more pain on American busi- worth more than $1,000. Romney’s re- groups flush with cash from these huge nesses, Democrats are now openly ad- fusal to be open and honest would dis- oil interests, Wall Street, moneyed in- mitting that they plan to wait until qualify him from even being a Cabinet terests, foreign gambling interests, and this debate reaches full throttle and secretary. And his penchant for secrecy other interests seeking greater influ- Americans are panicked about the out- makes Americans wonder: What is he ence in Washington. come to do anything because they Voters in Nevada and across the hiding? Thomas Jefferson famously argued: think it will make it more likely they country deserve to know who paid for Democracy depends on an informed will get their way. And if they don’t, these ads. We have proven it is possible electorate. If that is true—and I believe then so be it. They are ready to accept to remove the veil of secrecy from out- it is—it stands to reason disclosure can the economic and fiscal consequences. side money and make the process more only strengthen our democracy. But They see a crisis coming, and they transparent. We have done that before don’t take my word for it. As my friend don’t want to waste it. and we need to do it again. We can re- The Congressional Budget Office has Senator MCCONNELL has said, ‘‘Disclo- quire large political donors to disclose sure is the best disinfectant.’’ said that not doing anything and walk- their identities so voters can at least Mr. President, I suggest the absence ing off this fiscal cliff would lead to a judge their motivations for themselves. of a quorum. recession. The IMF chief says it would Requiring large donors to disclose The ACTING PRESIDENT pro tem- threaten the global economy. Yet Sen- their entities is not a new concept. In pore. The clerk will call the roll. ate Democrats today are announcing fact, my counterpart, Senator MCCON- The legislative clerk proceeded to they are perfectly ready and willing to NELL, and many of his Republican col- call the roll. accept all that if Republicans don’t leagues, have supported this in the Mr. MCCONNELL. Mr. President, I allow them to raise taxes on the very past. The legislation today before the ask unanimous consent that the order businesses we are counting on to create Senate—the DISCLOSE Act—would re- for the quorum call be rescinded. the jobs we need. quire disclosure of donations in excess The ACTING PRESIDENT pro tem- This is what passes for governance of $10,000 if they are used for campaign pore. Without objection, it is so or- among Democrats these days: Put the purposes. dered. American people up against a wall, The bill treats all political entities RECOGNITION OF THE MINORITY LEADER pick their pockets, and then hope that equally—whether unions, corporations, The ACTING PRESIDENT pro tem- in the midst of the scuffle they will business associations, or super PACs. pore. The Republican leader is recog- blame it—and the recession that would And contrary to Republican claims, nized. follow—on the Republicans. this legislation would not require orga- THE DISCLOSE ACT Now, let’s make no mistake. What nizations to turn over membership ros- Mr. MCCONNELL. Mr. President, the Democrats are proposing today is ters or lists of grassroots donors. Rath- later today Senate Democrats will an entirely avoidable high-stakes game er, it would prevent corporations and show where their legislative priorities of chicken with the single-minded goal wealthy individuals from using front truly lie. of taking more money from those who groups to shield their donations from At a moment when the American earn it for government to waste. The disclosure. people are reeling from the slowest President made it very clear over the

VerDate Mar 15 2010 01:34 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.004 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S4987 weekend that he doesn’t think entre- whose entire professional career has to promote or oppose the very posi- preneurs are responsible for their own been a dress rehearsal for bringing tions for which their members joined? success. They owe it to the govern- order to a government that has become As George Will has pointed out, the po- ment. Successful entrepreneurs owe so bloated, so inefficient, and so bu- litical process is not a private club their success to the government. That reaucratic that it is crying out for the with the parties and the candidates is the attitude driving everything this kind of leadership and reform Demo- controlling membership. Under the President and his Democratic allies in crats simply refuse to provide. He Citizens United decision of 2010, inde- Washington are doing right now. Their would rather attack a guy who has suc- pendent groups are now able to speak, one-point plan for getting America ceeded at just about everything he has again, under the first amendment re- back on track is clear: You earn, we ever done than propose a solution him- gardless of who, when, and about what take. And if they don’t get to impose self. And the reason, of course, is per- they are speaking. This is something it, then they will welcome a recession. fectly clear: Washington Democrats are Democrats should be celebrating, not They are so single-mindedly focused worried he might succeed at reforming excoriating. on taking the earnings of others for government too. They don’t want to The Founders envisioned a nation in themselves and spreading it around—in give him the chance. which speech would be promoted as the President’s famous phrase—that Think about it. The economy is flat widely as possible. That is what the they are recklessly ignoring any pro- on its back, millions are struggling to first amendment is all about, particu- posal to prevent the coming crisis in find work, and Democrats aren’t out- larly when it comes to the political order to achieve it. lining a solution. They are plotting process. The purpose of this legislation Last week Senate Republicans pro- about how to take advantage of it to is totally clear. After Citizens United, posed a legislative solution which en- advance an ideological agenda most Democrats realized they could not shut sures that no one sees their income tax Americans oppose and to cast doubt up their critics so they decided to go go up—no one—at the end of the year, about anybody who poses a serious after the microphone instead by trying legislation that creates a path for the threat to the crony-capitalist bureau- to scare off the funders. As Senator kind of fair, broad-based comprehen- cratic favor factory right here in Wash- SCHUMER put it during debate on an sive tax reform members of both par- ington. earlier version of this bill, ‘‘ . . . the ties claim they want and which would Where the rest of us see the worst deterrent effect should not be under- give individuals and businesses the cer- economic recovery in modern times, estimated.’’ That was Senator SCHU- tainty they have been asking us to give Democrats see another opportunity to MER on the real purpose of this bill: them since the very beginning of the use a crisis to grow the government, ‘‘The deterrent effect should not be un- administration. and that is what they are focused on— derestimated.’’ We could have passed this completely not on providing hope and relief for al- Just as with the DISCLOSE Act of reasonable proposal last week and put ready struggling Americans but pro- 2010, this amounts to nothing more the anxiety of millions of Americans at viding more tax dollars for the govern- than member and donor harassment ease with a single vote, but Democrats, ment to waste and misdirect. In the and intimidation and is all part of a of course, refused. They would rather meantime they will waste our time broader government-led intimidation keep the crisis unresolved, keep it with bills like this one which they effort by this administration. There looming out there on the horizon. They know will not pass but will give them are parallel efforts going on at the think it gives them a political edge. a chance to make a fuss about a prob- FCC, the SEC, the IRS, the DOJ, and They think it is good politics. And lem that doesn’t exist—and blow a kiss the White House itself to silence its they should be ashamed. They should to the unions for good measure. critics. be ashamed. But if we are going to have to vote on The creation of a modern day Consider this: It has been nearly 1 proceeding to this bill, I would like to Nixonian ‘‘enemy’s list’’ is currently in year since the President demanded $500 take a moment to explain why it is not full swing and, frankly, the American billion in automatic cuts to defense at only exhibit A in how completely irre- people should not stand for it. As I the end of this year. Yet with the date sponsible Democrats are being right have said before, no individual or group now fast approaching, we still don’t now, but why it is such a terrible idea in this country should have to face har- know how he intends to handle it. The in itself. assment or intimidation or incur crip- President’s campaign wants people First, a point on process. When the pling expenses defending themselves asking whether his opponent is hiding history books are written, the 112th against their own government simply something on a 10-year-old tax return. Congress may well be known as the because the Government does not like How about what this President is actu- Congress of irrelevant committees—the the message they are advocating. But ally concealing about his plans to slash Congress of irrelevant committees. that is what we are seeing. defense? With just a few months to go There once was a day when committees My own view has always been, if you before these cuts devastate commu- held hearings on bills, debated them, cannot convince people of the wisdom nities all across the country, the Presi- offered amendments, and reported of your policies, then you need to come dent has yet to outline his plans. them out for full Senate consideration. up with some better arguments. In- Republicans in the House have al- Now it is find a bill, put it on the cal- stead, the left has resorted to tactics ready passed, and Senate Republicans endar, move to proceed, file cloture, such as the pending legislation. This have proposed, concrete plans to avoid lose, and repeat. That is today’s Sen- legislation is an unprecedented re- these devastating cuts to our national ate. Committees are not being used to quirement for groups to publicly dis- defense. Our uniformed military de- generate good legislation. In other close their donors, stripping a protec- serves the certainty that their oper- words, they are viewed as an obstacle tion recognized and solidified by the ations, training, support, and weapons to overcome in the effort to make a courts. As a result of this legislation, systems will be fully funded. Mean- point in front of the cameras on the advocacy groups ranging from the while, the President hasn’t dem- Senate floor. The latest such effort is NAACP to the Sierra Club, to the onstrated the least bit of interest in the DISCLOSE Act, a bill aimed at Chamber of Commerce, all of which al- this issue—no interest whatsoever. He doing something about people exer- ready disclose their donors to the IRS, hasn’t said a thing. He is apparently cising their first amendment rights to would now be forced to subject their more interested in blowing smoke participate in the process. members to public intimidation and about his opponent’s tax returns than My question is, do something about harassment. Why? For supporting orga- in talking about the tax hike he actu- what? Do something about races which nizations and groups whose goals they ally plans to impose on the very busi- previously would not have been com- agree with. nesses we are counting on to create the petitive but now are? Do something Predictably, unions are exempted jobs Americans need—not some other about individuals and organizations from the kind of disclosure Democrats day but right now. criticizing unpopular positions and now want to impose on everybody else. He would rather spend his time rais- policies? Do something about groups The so-called stand by your ad provi- ing unfounded suspicions about a guy advocating on behalf of their members sion in an earlier version has done a

VerDate Mar 15 2010 01:34 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.006 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S4988 CONGRESSIONAL RECORD — SENATE July 16, 2012 David Copperfield and entirely van- cliff that is approaching before it is too Sergeant Strachota’s family said he ished. late. Our Nation has been mired in an was known for his friendly, out-going, I am not advocating for the provision economic coma for years. More people and generous nature and his love of the but simply to note its absence, which signed up for disability last month outdoors and riding motorcycles. Most proves the primary goal of this bill is than found a job. The number of Amer- of all he was devoted to his family. He not good government or transparency icans on food stamps continues to delayed his R&R to be home for his but targeted speech suppression. That climb. It is all about to get worse, and son’s birthday on July 5th. is what this is about—targeted speech we have a President who is on a single- Sergeant Michael Strachota an- suppression. minded crusade to punish business swered the highest call for this coun- I have to give the authors credit, owners even more. try. He is a true American hero. I ask whoever they are. They actually list Republicans have proposed serious, my colleagues to keep his wife Lauren, labor unions as a covered organization concrete ideas for addressing the prob- son William and the rest of this family in the bill. However, through an elabo- lems we face, but we cannot do any of and friends in their thoughts and pray- rate scheme of thresholds and triggers, it if the President and his Democratic ers during these difficult times. I hum- they might as well have saved the ink, allies in Congress refuse to join us. Un- bly offer my sincerest gratitude for his since unions are largely given a free fortunately, that is where we are. selfless service and patriotism for this pass by this bill, despite the fact they Democrats have made their priorities Nation. are, by far, the biggest players in polit- perfectly clear and, sadly, the Amer- The ACTING PRESIDENT pro tem- ical campaigns in our entire country. ican people they were elected to serve pore. The Senator from Rhode Island. No one else comes close—almost all of appear to be very much at the bottom Mr. WHITEHOUSE. Mr. President, I it, of course, on the Democratic side. of the list. rise to speak about the DISCLOSE Act As the Wall Street Journal reported I yield the floor. of 2012, legislation that will shine some last week, labor unions spent a total of RESERVATION OF LEADER TIME much needed light into the flood of se- $4.4 billion on campaigns from 2005 to The ACTING PRESIDENT pro tem- cret money that is now polluting our 2011, a staggering amount of money pore. Under the previous order, the elections. I would like to open with and perfectly within their rights, I leadership time is reserved. thanks to Senators CHUCK SCHUMER, would add, under the first amendment. The Senator from Rhode Island. MIKE BENNET, AL FRANKEN, JEFF Let’s be clear. The other side may be ORDER OF PROCEDURE MERKLEY, JEANNE SHAHEEN, and TOM able to whip the media up into a lather Mr. WHITEHOUSE. Mr. President, I UDALL for their hard work in our task over the increased participation of in- ask unanimous consent that the Sen- force that developed this legislation. I dividuals and groups that do not like ator from Arkansas now be recognized look forward to continuing to work the direction this President has taken to deliver remarks regarding a cas- with them through this debate. our country, but the big money is com- ualty from his home State—for which I On Thursday, Majority Leader REID ing from the left in the form of manda- will take this opportunity to send my moved to proceed to this vital piece of tory dues to labor unions. To the left, condolences and the condolences of the legislation, and we will vote on it this big money from individuals and cor- people of Rhode Island—and at the con- evening. I thank the leader. I and many porations is a problem. But the nearly clusion of his remarks that I be recog- of my colleagues are looking forward $800 million spent by unions in 2008, oh, nized. to the opportunity to make the case that is just fine and dandy—as long as The ACTING PRESIDENT pro tem- for this important measure. But in a nearly 100 percent of it goes to their pore. Without objection, it is so or- sense, for the American public, the own campaigns. dered. case has already been made. As anyone As supporters of this legislation have Mr. BOOZMAN. Mr. President, I who watches television knows, our air- readily admitted, the real target of thank the Senator for yielding me a waves are filled with political attack this bill is to protect themselves from few minutes. ads. The organizations paying for many criticism over their wildly unpopular The ACTING PRESIDENT pro tem- of these ads have patriotic and benign- policies and positions. This is precisely pore. The Senator from Arkansas is sounding names with words such as why this legislation has been opposed recognized. ‘‘prosperity’’ and ‘‘freedom’’ and ‘‘fu- by business groups from coast to coast HONORING OUR ARMED FORCES ture’’ frequently to be found. These and opposed by everyone from the SERGEANT MICHAEL STRACHOTA names sound harmless, but all too NRA—which is key voting this vote— Mr. BOOZMAN. Mr. President, we are often the ads are actually paid for by to the ACLU, to the U.S. Chamber of aware that our freedoms are not truly secret special interests, such as billion- Commerce. I greatly appreciate all the free and our soldiers give the greatest aires and wealthy corporations seeking effort these folks have put into edu- sacrifice in freedom’s defense. The sac- secret special influence in our democ- cating and advocating on this issue. rifices of Americans in uniform and racy. In the process, they drown out I will certainly do everything in my their families embody the courage, the voices of regular American families power to protect the first amendment honor, and patriotism that we must al- who wish to participate in elections. rights from DISCLOSE, the sequel, and ways remember. The Republican leader indicated we I ask my colleagues on both sides of Today I am here to pay my respects were going after the impression of mis- the aisle to join with me in voting no. to Army SGT Michael Strachota, an chief where there is none. Many Ameri- We have many serious problems in this Arkansas soldier who sacrificed his life cans certainly have the impression of country. Too much free speech is not for the love of this country in support mischief. one of them. of Operation Enduring Freedom. As U.S.A. Today put it last week in Democrats can call this bill whatever Sergeant Strachota graduated from an editorial supporting this DISCLOSE they want, but they cannot conceal its Pine Bluff High School in Pine Bluff, Act: true intent, which is to encourage their AR in 2002. In 2007 he enlisted in the Everybody’s watching what’s expected to allies and discourage their critics from Army and was assigned to the 96th be by far the most expensive presidential exercising their first amendment right Transportation Company, 180th Trans- campaign in history, and not without a dose of horror. Freed by the Supreme Court from to speak their mind. If Democrats do portation Battalion, 13th Sustainment spending limits, all manner of special inter- not like the level playing field ensured Command at Fort Hood, TX. ests are opening the spigots to buy influence. by the first amendment and reaffirmed Sergeant Strachota was aware of the Here is how my home State paper, by Citizens United, they should do a dangers he faced having served a pre- the Providence Journal, explained the better job convincing the American vious deployment to Iraq in 2009. His Citizens United decision that unleashed people of the wisdom of their policies family says that Michael was proud of this torrent of special interest money. and focus on real problems instead of his job and recalled to Arkansas news- The [Citizens United] ruling will mean that inventing ones that do not exist. To papers how excited he was about his more than ever, big-spending economic in- this point, I once again urge our position and how he wanted to pursue a terests will determine who gets elected. friends to put the political games aside new direction in the military as an More money will especially pour into relent- and do something now about the fiscal Army Ranger or pilot. less attack campaigns. Free speech for most

VerDate Mar 15 2010 02:58 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.007 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S4989 individuals will suffer because their voices Medicare, Social Security, and Pell tion Commission. This is the decision will count for even less than they do now. grants that have paved the way for that opened the floodgates to unlim- They will simply be drowned out by the big generations to achieve the American ited and secret corporate and special money. dream but have always been the tar- interest money pouring into our elec- I think the Providence Journal hit gets of special interests. tions. the nail right on the head. What has These special interests have motives. This chart shows how easy it is under happened since the Citizens United de- They have motives to spend this kind our current system for wealthy inter- cision has, in fact, proved them right. of money. If those motives were good ests to skirt existing disclosure rules Senator JOHN MCCAIN said earlier this for America and were welcomed by the and spend secret millions in election year: average American, they wouldn’t need ads. This amounts to a form of legal- The United States Supreme Court—in what and wouldn’t want to keep them secret. ized political money laundering or, to I think is one of the worst decisions in his- We need to ask ourselves a very impor- use the phrase Senator MCCAIN and I tory—struck down the restrictions in the so- tant question: What are they hiding? used in our brief to the Supreme Court, called McCain-Feingold law, and a lot of peo- Why do they demand secrecy? What- ‘‘identity laundering.’’ ple don’t agree with that, but I predicted Super PACs are supposed to disclose when the United States Supreme Court, with ever the answer, one thing is clear: their absolute ignorance of what happens in Americans who worry that Washington their donors under current law, but politics, struck down that law, that there is too beholden to special interests now that can sometimes be weeks or would be a flood of money into campaigns, need to be concerned more than ever. months after a deceptive ad runs. If a not transparent, unaccounted for, and this is Hang onto your wallets, here come the donor wants to avoid even that disclo- exactly what is happening. special interests, and you won’t even sure, it can set up a shell corporation, Senator MCCAIN is right. This is ex- know who they are. which may be nothing more than a actly what is happening. It is not an As recently reported in the New York P.O. box someplace, and send the impression of mischief, it is mischief Times, secret spending groups have ac- money through that super PAC on the loose. counted for two-thirds of this adver- through a shell corporation without a Richard Posner, a leading conserv- tising. Two-thirds of ad spending from real name showing up on a disclosure ative legal scholar and a Federal judge, groups, other than candidates or par- form. They just launder it through the recently said: ties, has come from secretive corpora- shell corporation, and the next thing Our political system is pervasively corrupt tions and billionaires whose names and they know the money is doing their due to our Supreme Court taking away cam- agendas the voters may never know work. paign-contribution restrictions on the basis and who will have no accountability They can also pass the money of the First Amendment. for how that money is spent. Impres- through a 501(c)(4) social welfare orga- Our political system is pervasively sion of mischief, indeed. nization. I put the words ‘‘social wel- corrupt. This is from a conservative Of course, when we don’t have ac- fare’’ in quotes because that is the IRS Federal judge. countability, there is no limit to what phrase that is used for these organiza- The impact of Citizens United has people will say. One of the restraints tions. There is very little social wel- been very clear. In the 2010 midterm on the vitriol and the filth that is so fare being accomplished by the big po- elections, the first after Citizens often part of the American political de- litical donor groups known as social United, there was a more than a four- bate is that candidates have to stand welfare associations. The IRS gives fold increase in expenditures from by their ads. If someone says some- nonprofit status to these groups whose super PACs and other outside groups thing that is awful, if they engage in primary purpose—and in many cases compared to 2006—$69 million up to $305 relentless negative attacks, voters may their only purpose—is to shield big million—with nearly three-quarters of charge them a price for that. They may spenders from having their identities political advertising coming from find that unwelcome. That, of course, disclosed. In many cases, these 501(c)(4) sources that were prohibited from disappears when the name behind the so-called social welfare groups are so spending money back in 2006. Also, in ad is attached to no living person or closely affiliated with the super PACs 2010, those 501(c)(4)s and (c)(6) not-for- corporation. It is just an entity, a that they have all the same staff and profit organizations spent more than sham, a phony, a shell. the same office space. It is a 501(c)(4) $135 million in unlimited and secret po- How has this worked out? Not well independent social welfare organiza- litical contributions. Anonymous for the American public. An April tion for the IRS with the same staff spending rose from 1 percent of outside study found that about 70 percent of and the same office space as a super spending in 2006 to 44 percent in 2010. ads in this election cycle have been PAC. Please. Of course, the 501(c)(4) We are already seeing the influence negative. That is up from only 9 per- groups still don’t have to disclose their of money on the 2012 elections. Super cent through the same period in 2008. donors, even when they are the same PACs and other outside groups have In 2008, 9 percent of ads in that time staff and the same office as the super spent over $150 million in this election period had been negative. In this cycle, PAC. cycle, about twice of what was spent in 70 percent have been negative. Over the On this chart, we see the money the same period of 2008 during the last last 6 months, if we look at the four raised by one of them, Citizens United, Presidential election. top-spending political 501(c)(4) organi- by Republican political operatives, in- Nondisclosing groups, said the New zations, the ones that don’t have to cluding Karl Rove. They raised money York Times, ‘‘have accounted for two- disclose their donors, they spent an es- through the Crossroads PAC. It is a thirds of the political advertising timated 85 percent of their election super PAC, and it is supposed to dis- bought by the biggest outside spenders spending on ads containing deceptions. close its donor. It has attached to it so far in the 2012 election cycle . . . So 70 percent of the stuff out there is Crossroads GPS, a 501(c)(4) group that with close to $100 million in issue ads.’’ negative, up from only 9 percent, and is not the super PAC and it can main- Campaigns are no longer waged by 85 percent of the big spenders are tain complete secrecy for its donors. candidates and parties fighting over spending their money on ads that have Guess which one has raised the most ideas, they are now waged by shadowy been determined to be deceptive. money. It is an easy question. It is the political attack groups posing as social The names of the organizations 501(c)(4) group that doesn’t have to dis- welfare organizations run by the likes sound lovely: Americans for Pros- close its donors. The group raised $76.8 of Karl Rove and other political perity, American Future Fund, Amer- million through 2011 as opposed to only operatives and fueled by millions of un- ican Energy Alliance, and Crossroads $46.4 million raised by its sister super disclosed dollars from secret special in- GPS. Without knowing who funds these PAC. This is by no means a unique sit- terests. When these secret special in- shadowy groups, the American voter uation. terests take over our elections this has no idea what mischief they are up As the New York Times wrote in an way, it drowns out the voices of reg- to. editorial last Sunday in support of the ular individual Americans. It also puts This is all a result of the Supreme DISCLOSE Act, ‘‘Corporations love the in jeopardy some of the key pillars of a Court’s disastrous and misguided deci- secrecy provided by Mr. Rove’s group strong middle class, pillars such as sion in Citizens United v. Federal Elec- because it protects them from scrutiny

VerDate Mar 15 2010 01:34 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.011 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S4990 CONGRESSIONAL RECORD — SENATE July 16, 2012 by nosy shareholders and consumers.’’ diate action is required to fix it. Today world’s shining jewels and should be They want a big influence on elections we are debating a bill that will at least scrupulously, carefully, ardently pro- but without leaving any tracks. bring some transparency and account- tected. Indeed, people are answering An unnamed corporate lobbyist told ability into this election spending. this call to arms in numbers that are the newspaper Politico earlier this This should not be a Democratic issue increasing every day. year that nondisclosure is always pre- or a Republican issue, and in the past, I have with me today here on the ferred by corporate donors. Why is it it has not been. It has always had bi- Senate floor 213,000 Americans—213,000 preferred? Because it makes it impos- partisan support because it is about citizen cosponsors of this DISCLOSE sible for the public and law enforce- protecting our Democratic process. We Act, which were collected by CREDO ment to track down the corrupting in- need to pass the DISCLOSE Act now. Action. My colleagues can leaf through fluence of the money that these cor- The USA Today editorial said: them and see people from Apple Valley, porations spend in elections. The DIS- Citizens United left the public only one MN; from San Francisco, CA; from CLOSE Act puts an end to this non- way to protect itself from the rising threat: Ashland, OR; from Austin, TX; from sense. It puts an end to using 501(c)(4) Disclosure. At the federal level, this would Long Beach, NY; from Imperial, NE; groups and shell corporations to shield be achieved by the DISCLOSE Act. from Yorktown Heights, NY; from the identities of big donors. I thank USA Today for supporting Brick, NJ; from Schaumburg, IL; peo- One thing that should not be lost in this bill. ple from all across the country—nearly the discussion of anonymous spending The Supreme Court also made it a quarter of a million of them now— is the fact that there is one person to crystal clear in this very Citizens coming from all 50 States, and more whom this spending is never anony- United decision that disclosure was an than 1,000 Rhode Islanders are in this mous; that is, the candidate who is ei- appropriate and even a necessary part group. Unlike the corporations and the ther benefited or punished. Although of a healthy campaign finance system. billionaires who are spending hundreds the donors have managed to hide their Here is what Justice Anthony Kennedy of millions of dollars to buy our elec- identities from the public, they can wrote, writing for the majority: tions and who insist on doing it in se- sure tell the candidate how much [P]rompt disclosure of expenditures can cret, these regular people are money they are putting in the can- provide shareholders and citizens with the information needed to hold corporations and unashamed to stand up for what they didate’s super PAC and, by the way, elected officials accountable for their posi- believe in. Their pride in civic engage- what position they want that can- tions and supporters. Shareholders can de- ment reflects the best values of Amer- didate to take on issues. What this cre- termine whether their corporation’s political ica, and their numbers show that this ates is a perfect recipe for corruption— speech advances the corporation’s interest in is an issue where a broad cross-section wealthy corporations, individuals, and making profits, and citizens can see whether of Americans demand a change to what special interests secretly spending mil- elected officials are in the pocket of so- is happening in our elections. called moneyed interests. lions of dollars to influence a candidate Justice Antonin Scalia has written: in ways the public never sees. The new version of the DISCLOSE Act will do exactly this. It says noth- Requiring people to stand up in public for A rich donor can secretly threaten their political acts fosters civic courage, massive spending against a candidate ing more and nothing less than when without which democracy is doomed. corporations and other wealthy inter- without even putting up the money. If Our friends who have signed on as the candidate doesn’t take the right ests spend money—more than $10,000— to influence our elections, their identi- citizen cosponsors have that courage, position on an issue, then they can pull and the biggest campaign spenders in the trigger, but they can make the ties must be disclosed. There is no question where the Amer- the world should as well. Frankly, even threat quietly. those big campaign spenders should be Political scientist Norm Ornstein re- ican people stand on this issue. Ameri- cans of all political stripes are dis- patriotic enough to understand, as Jus- cently said: tice Scalia did, that democracy is I had this tale told to me by a number of gusted by the influence of unlimited, anonymous corporate cash in our elec- doomed without civic courage, and lawmakers. You’re sitting in your office and they should step up on their own. But, a lobbyist comes in and says, ‘‘I’m working tions and by campaigns that succeed or for Americans for a Better America. And I fail depending on how many billion- instead, they are hiding behind the can’t tell you who’s funding them, but I can aires the candidate has in his pocket— rules and hiding their identities and tell you they really, really want this amend- or advisers, perhaps. More and more, trying to buy influence. ment in the bill.’’ And who knows what people feel their government responds I will conclude by saying that prior they’ll do. They have more money than God. only to wealthy and corporate inter- to Citizens United, there was a long bi- If the candidate complies, of course, ests. They see their jobs disappear. partisan tradition supporting laws that the expenditure is never made, there is They see their wages stagnate. They require disclosure of spending in elec- no paper trail, no trace of that threat. see bailouts and special deals for the tions. This bipartisan consensus may Yet the system has been corrupted. big guys. And they lose faith that their be reemerging. Senator JOHN MCCAIN of Let’s also dispense with the fiction elected officials will listen to them. Arizona and I recently filed with the that this spending is independent. The Six in ten Americans say the middle Supreme Court a brief that urged the whole rationale for unlimited spending class will not catch a break in this Court to reconsider the flawed premise was that it was to be done independ- economy until we reduce the influence of its decision in Citizens United—the ently of candidate campaigns. The re- of lobbyists, big banks, and big donors. false premise that independent expend- ality is that super PACs are anything Seven in ten Americans, nearly, includ- itures can’t lead to corruption or the but independent. Campaigns and super ing a majority of both Democrats and appearance of corruption. As the sta- PACS share fundraising lists, donors, Republicans, agree that ‘‘new rules tistics about anonymous spending and former staff, and consultants. Can- that let corporations, unions, and peo- public perception I have cited make didates appear at fundraisers for their ple give unlimited money to super clear, this premise has been fully dis- super PACs. Super PACs recycle ads PACs will lead to corruption.’’ Not- credited. that were originally run by the can- withstanding what the NRA and the Although the Supreme Court de- didates. They share film. They are free chamber and other big DC lobbying clined this opportunity to put our elec- to act as the evil twins of candidate powerhouses want, they are at odds tions back on a saner path, I am proud campaigns, as one FEC Commissioner with the regular American people. In- to have worked in a bipartisan fashion put it, raising unlimited, secret money, deed, one in four Americans says they on that brief with Senator MCCAIN, and then spending it on massive are actually less likely to vote because who has long been a leader in this Con- amounts of advertising—most of it neg- big donors to super PACs have so much gress and in this country on campaign ative—to benefit their preferred can- more influence over elected officials finance issues. I hope our partnership didates. than average Americans. will mark the beginning of greater co- Our campaign finance system is bro- These numbers should be a call to operation across party lines on this ken, and it lends itself to corruption in arms for anyone who believes our issue of vital importance to our democ- new and unprecedented ways. Imme- American democracy is one of our racy.

VerDate Mar 15 2010 01:34 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.012 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S4991 There are some misconceptions about disclosure be better than a lot of dis- of companies that send jobs to another the act that have colored the public de- closure?’’ That question is as timely country or that hire people in other bate. We plan to explain during the today as it was then. countries to do work for them. The course of the debate why the critics of I hope my Republican colleagues will same thing can be said when a business this bill have gotten so many things join us in passing this important piece no longer expands in the State in just plain wrong. This act contains of legislation. Help us restore the fun- which it is headquartered or operating only the most basic provisions requir- damental principle of a government of and moves part of its business to an- ing outside groups to disclose cam- the people, by the people, and for the other State. We have seen our States paign-related fundraising and spending. people. actually compete for business. The rea- The legislation has been streamlined The Washington Post wrote yester- son they do this, in many cases, is be- from the DISCLOSE Act that nearly day in an editorial supporting this DIS- cause the business conditions under passed the Senate in 2010. It places CLOSE Act: which they operate in the first State fewer burdens on covert administra- We’d like to see a few courageous Repub- are no longer conducive to competi- tions. It contains no prohibitions on licans rise in the Senate on Monday and de- tion, for them to be able to make prod- spending, no special exemptions for clare: Enough is enough. ucts or provide services that are com- any group or type of group. Contrary to If our friends across the aisle decide petitive with those who are working to what the Republican leader said, it to block this legislation which clearly compete against them. So they have to does not require grassroots organiza- reflects the will of the American peo- go where labor is cheaper, where the tions to disclose their donors, and it ple, I am prepared to force this issue by costs are less, where the regulation is treats every organization exactly the debating this bill long into the night. If not as onerous, and where taxes are same right across the board. they are unwilling to join us in our lower, perhaps—in other words, where Some have complained, such as a Re- mission to shine a light on secret the conditions for doing business are publican witness in the Rules Com- money elections, we will keep the more favorable so they can continue to compete. mittee hearing on this bill, that the so- lights on here. The same thing is true when jobs are called stand-by-your-ad requirements I urge my colleagues to support the sent overseas. The reality is American originally in the bill were too burden- DISCLOSE Act of 2012. businessmen are not sitting around some. He described them, actually, as I thank the Presiding Officer, and I wondering how they can be evil, how yield the floor. radical. So we removed them. We have they can fire American workers, how The ACTING PRESIDENT pro tem- tried to accommodate. I know that they can go overseas to do business. It pore. The Senator from Arizona. many of my colleagues, including Sen- is much easier to stay right here in the Mr. KYL. Mr. President, I ask unani- ator RON WYDEN, who authored this good old USA. For a whole lot of rea- mous consent to speak in morning stand-by-your-ad legislation and who sons, they make a lot of sacrifices to business for 15 minutes. has heroically fought for it for many keep their businesses here. But there The ACTING PRESIDENT pro tem- years, remained very supportive of comes a point in time when American pore. Without objection, it is so or- these provisions, and I hope we will be tax policy, regulatory policy, and the dered. able to reintroduce them at another uncertainty of doing business here fi- time. But we didn’t, so that complaint FISCAL POLICY nally gets to the point where—in order should be closed off. Some complain Mr. KYL. Mr. President, today I wish to stay in business, in order to remain that this was just an attempt to influ- to speak about two related subjects. competitive—they have to find places ence this election. Well, its effective Both are very much in the news, and elsewhere where they can do their date is January 1, 2013, so it will not, to both relate to the fiscal condition in work that enables them to remain the regret of many, influence this elec- the United States and what happens on competitive. tion. January 1 if the U.S. Congress and the When we go to the store, and we are According to Republican former FEC President allow a tax increase to be looking at the goods on the shelf, and Chairman Trevor Potter, the DIS- imposed upon the American people we see the very same thing, where in CLOSE Act of 2012 is ‘‘appropriately that will amount to the largest tax in- one case it costs $5 and in the next case targeted, narrowly tailored, clearly crease in the history of our country— it costs $10, chances are we are going to constitutional and desperately need- about $4.5 trillion over 10 years. That buy the $5 product. If a company has to ed.’’ tax increase is slated to go into effect make that product overseas in order to I stand ready to work with any of my unless we stop it. The effect of that tax stay competitive, that is exactly what colleagues, Democrats or Republicans, increase on economic growth, on job they are going to do. It ends up helping who want to make this bill better, but creation, and on our small businesses the American consumer. It is not good we can’t use complaints—particularly and families will be devastating unless for American workers who cannot work unjustified complaints—as an excuse to we act. The other subject, which is also in that particular industry. do nothing. pertinent to tax policy, is a subject But what is the cause for it? Is it be- While the status quo of unlimited se- that has been raised by many in the cause there are entrepreneurs out cret money may work to benefit some Obama Presidential campaign relating there, business folks—your neighbors politicians for the moment, in the long to outsourcing of jobs. Let me speak to and mine—who want to somehow hurt run it will hurt us all, regardless of that first because it has a direct rela- American workers, who are not patri- party. Unlimited money is not a force tionship to this question of taxation. otic or who are evil people? Think that anyone can ultimately hope to In today’s Wall Street Journal, there about it. The answers, of course, are control, and unlimited secret money is is an op-ed piece by Arthur Laffer and no. The only reason they are hiring even more dangerous. More important, Ford Scudder called ‘‘The Tax Cliff is a work to be done in foreign countries is the American people, who are already Growth Killer.’’ Let me quote just two because that is how they can stay com- beginning to lose faith in our electoral sentences from it: petitive, how they can offer that same system, can reasonably fear that their The United States faces economic collapse product for $5, as their competitor elected officials will only care about thanks to massive tax increases on Jan. 1, does. the anonymous donors writing eight- and continued deficit spending for years on What causes them to have to do that? figure checks in deals and gifts that end. Well, the first thing is American tax they will never see. They go on to say: policy. We have the highest corporate Many of my Republican colleagues in The blunt reality is that we cannot have a tax rate in the world. Of all industri- the Senate know this, and they have prosperous economy when government is alized countries, we are No. 1. In this supported disclosure in the past. Sen- overspending, raising tax rates, printing too case, No. 1 makes it more difficult to ator MITCH MCCONNELL, the Republican much money, overregulating and restricting do business. We have the most progres- leader, for instance, was once a great the free flow of goods and services across na- sive tax system; that is, the people at advocate for disclosure. As he said in tional boundaries. the highest end pay the highest 2000, ‘‘Republicans are in favor of dis- Now, what does this have to do with amount of taxes of anyone in any coun- closure,’’ adding, ‘‘Why would a little outsourcing? There has been criticism try in the industrialized world. When

VerDate Mar 15 2010 01:34 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.013 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S4992 CONGRESSIONAL RECORD — SENATE July 16, 2012 you take the corporate tax rate and day he dies, Uncle Sam says: That will now suggest raising taxes? And who are add to it the capital gains and divi- be 45 percent of the value of the busi- these people who make $200,000? Well, dends, we have the highest tax rate— ness, please, minus whatever the ex- it turns out about a million of these the integrated tax rate is what they emption is. It is unconscionable we people—940,000, to be exact—are busi- call it—in the industrialized world for would do that in this country. ness owners. These are the small busi- dividends and the second highest for When the President was asked by ness folks who create the jobs—most of capital gains. Charlie Gibson in one of the Presi- the jobs coming out of the recession. In What about regulations? We impose dential debates, when he was cam- fact, they account for 25 percent of all far more in the way of regulatory bur- paigning the first time: Senator jobs in America. A quarter of all of the dens on our businesses—ranging from Obama, would you raise taxes on cap- jobs are by these very folks on whom environmental regulations to labor ital gains even if it did not bring in any you are going to raise the taxes. regulations, you name it—than most of more revenue—because economists all I know some people said: Well, that is the other industrialized countries do. agree that frequently raising the rate only a small percentage of the business What about uncertainty? Well, we actually results in less tax collection owners, it is only 3 percent. Yes, and have this new law called ObamaCare because people do not sell the property that 3 percent accounts for 53 percent that has put a tremendous amount of that would be subject to the tax under of the income taxes paid. In other burden on American businesses. They those circumstances—what did he an- words, these are the businesses that are either going to have to continue to swer? He said, yes, he would still raise are creating the jobs. They employ a provide insurance for their employees it, even if it did not bring in more rev- quarter of all of the people in country. or pay a fine. They have to pay new enue. And the reason is because he They are paying 53 percent of the taxes taxes. There are some $800 billion in wanted to redistribute the wealth from in this tax bracket. The reality is, taxes under ObamaCare—some 21 dif- people who made money to other peo- when raising taxes on that group, you ferent taxes. ple to whom it would be given, presum- are going to make it more difficult for The problem here is not that there ably. them to grow their businesses, to add are evil businessmen who hate Amer- So this is not about deficit reduction more people. ican workers. They bend over back- as much as it is about a theology that Here is an example. A woman by the wards to keep their business here; it is we need to raise taxes, and we need to name of Karen Madonia, who is the a lot easier. But the reason sometimes raise it on people who are the produc- CFO of a family business in Aurora, they have to go abroad is because their tive, successful people in our society IL—it is called Illco, and it supplies government treats them unfairly com- who make money. ventilation and heating and air condi- pared to their competitors overseas. If you take the top quintile of tax- tioning and refrigeration equipment— We tax them too much. We regulate payers—the top 20 percent, high in- testified before the House Small Busi- them too much. And there is too much come earners—they already pay 90 per- ness Committee in May. Among the uncertainty. cent of the taxes in the country. Is it things she said was—and I am quoting So when we are debating this subject fair that top 20 percent should pay 90 her now: about outsourcing, about people abroad percent of the taxes? Well, you can We don’t have money sitting in the bank making products that are then sold in argue whether it is fair, but I think for to pay more taxes—all our profit is invested the United States, ask yourself the the President to say that is unfair, in the business. If we have to pay more question: Why would an American com- they should pay even more, raises the taxes, that means we can’t hire workers or pany do that? The answer is, they do it question: Well, how much more? buy trucks and inventory. when they have to, when their own Should they pay all of it? Should 20 That is typical of small businesses. government’s policies make it impos- percent of our citizens pay all of the The money is plowed back into the sible for them to compete effectively taxes for everybody else? Nobody else business. And when the owner passes here in the United States. has to pay anything? As it is, the rest away, it goes to his heirs—and then That leads to the second. Why would of us only pay 10 percent. subject to the kind of tax we are talk- the President be proposing to add more So what is fair? Why is it fair to take ing about here? That would be dev- taxes, both on American businesses and away from people what they have astating to this kind of business. American families, at a time when we earned and what they want to save in One of the objections from those who are in the middle of a very severe eco- order to give it to somebody else or to support the President’s idea of raising nomic downturn, and when the Presi- have the government spend the money taxes is that: Well, the Bush tax cuts dent himself a year and a half ago said: as if the government was wiser in benefited the wealthy more than any- To raise taxes under these cir- spending money than the citizens are? body else. Bear in mind that the Bush cumstances would be a blow to the The reality is the people who are suc- tax cuts applied to everybody. That is economy? Again, he said: You don’t cessful, who make money, create cap- the tax rate that has been in existence raise taxes in a recession. ital, which is then invested in busi- now for a decade, and everybody’s When he said those things, our gross nesses, and that investment promotes taxes were reduced to some extent. domestic product growth was about 3 job creation and economic growth, They say: Well, that contributed to percent. We were growing at a rate of raising the gross domestic product for the deficit. How much did it contribute about 3 percent. Today, it is under 2 all of us. That is the economics of suc- to the deficit? The Congressional Budg- percent, and we still have 8.2 percent cess and it is the opportunistic society et Office, nonpartisan, recently issued unemployment. So the circumstances this country has held sacred for over a report, and in that report they cal- today are, if anything, worse than they two centuries. Give people an oppor- culated the difference between the pro- were a year and a half ago when the tunity to succeed, and when they do, do jections of a surplus and then the re- President said: We should not raise they put their money—the money they sulting deficit and what was the reason taxes because it will be a blow to the earn—do they put it in a mattress? for that. Do you know what they economy. You don’t raise taxes in a re- Well, not anymore. You either put it in found? That the amount of tax relief to cession. a bank or you invest it with a mutual this top 20 percent of taxpayers—the So why would the President be pro- fund or in some other kind of invest- high income earners—accounted for all posing it now? And what is he pro- ment. of 4 percent of the deficit. And how posing? He says we should raise taxes What happens when that money is much did the new spending and the in- on any individual who makes over put in the bank or in the mutual fund? terest cost on that spending account? $200,000 a year and a family who makes It creates capital for somebody else to Over 12 times as much. So the reality over $250,000. We should raise capital use, to create a job, to invent a new is the Bush tax cuts, which helped ev- gains taxes to the rate of 23.8 percent; product, whatever it might be. It helps eryone, did not help the wealthy more dividends the same; the death tax to 45 business expand. than everybody else, did not contribute percent. So your dad created a busi- So why would you change your mind, to the deficit, and, in fact, those tax- ness, built it up; he passed away, you a year and a half after you said it payers are now paying 94 percent of in- and your sister are the heirs, and the would be a blow to the economy, to come taxes, up from 81 percent before

VerDate Mar 15 2010 01:34 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.015 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S4993 the Bush tax cuts went into effect. So thing over $11 billion will be spent over came from donors giving over $10,000, that high income group is paying more the course of the 2012 elections. That is and this legislation would shed some now in taxes than it did before the about twice the 2008 level of spending. light on where this money is coming Bush tax cuts went into effect. This is a staggering amount of money, from. The disclosure requirements My point here is, when the President and the source of much of that money apply to corporations, to labor unions, demagogs this issue, suggesting that will be completely in the dark. As a re- to 501(C)(3) nonprofit organizations, somehow it was only the rich who got sult, extraordinarily well-financed spe- and to 527 election advocacy organiza- the benefit of the Bush tax cuts and we cial interest groups dominate the air- tions, but they would not apply to have to take that money away from waves, and it is nearly impossible for 503(c)(3) charitable organizations. them, they are paying more than they the average citizen to know who is be- The legislation also includes mecha- did before, and it only accounted for 4 hind campaign ads. In fact, it is nearly nisms to protect legitimate non- percent of the deficit. And these are impossible for experts to know who is political donations from disclosure and the very people who are creating the behind particular campaign ads. prevents funding sources from being jobs in America today. So why would This is not good for public discourse, hidden by laundering funds through we want to raise taxes at this point on and it is not good for our democracy. third-party groups. It is clear our cam- anybody, including on this group of In a healthy democracy, voters need to paign laws are outdated. They are in people? be able to make informed decisions desperate need of revision. Frankly, I My final point: Again, the non- about the information that is pre- wish there was a consensus in Congress partisan Congressional Budget Office sented to them. The lack of trans- to make more fundamental reforms to has issued a report in which they say parency that currently exists in our our campaign finance system than we that this fiscal cliff—the combination political system makes that incredibly are considering today. Unfortunately, of across-the-board sequestration and difficult. this is not presently the case, but I the expiration of the existing Tax Code I strongly disagree with the Supreme hope that we could build bipartisan on January 1—will result in a new re- Court’s ruling in the Citizens United support for some basic disclosure provi- cession; that we will have growth next case, but the reality is that short of a sions and for this narrowly tailored bill year of only one-half of 1 percent if we constitutional amendment or a deci- that is pending in the Senate. allow that to happen. Why would the sion by the Court to reverse its opin- A much more comprehensive version President be willing to raise taxes on ion—both occurrences are unlikely of the DISCLOSE law was filibustered America and take a chance that we are anytime in the near future—the ability by Republicans in 2010. The revised going to drive ourselves even deeper of Congress to restrict independent ex- version we are currently debating has into economic trouble than we already penditures is very limited. been narrowed significantly. The provi- are? There is something we can do now sions banning campaign spending by I urge my colleagues to work to- that would make a difference. We can foreign entities and government con- gether to forestall these new tax in- enhance transparency with respect to tractors were removed. Corporate cam- creases on all Americans and to fore- the high-volume spending that is influ- paign spending is no longer required to stall the sequestration—a combination encing our elections. We may not be be reported to shareholders, and lobby- of which will drive us back into reces- able to stop the flood of unlimited ists will not have to report their cam- sion. spending, but we can shed some light paign spending in their annual disclo- The ACTING PRESIDENT pro tem- on the process and enable the public to sure reports under the bill being con- pore. The Senator from New Mexico. at least see where the money is coming sidered in the Senate. ORDER OF PROCEDURE from. The new bill also raises the disclo- Mr. BINGAMAN. First, Mr. Presi- The enactment of legislation requir- sure trigger from $600 to $10,000 to dent, I ask unanimous consent that fol- ing greater transparency about who is focus only on large donations and to lowing my remarks, the Senator from spending on campaigns was specifically reduce the burden on organizations. Utah, Mr. HATCH, be recognized. called for by the Supreme Court in the The newest version dropped the ‘‘stand- The ACTING PRESIDENT pro tem- Citizens United decision. The Repub- by-your ad’’ provision that required pore. Without objection, it is so or- lican leader in the Senate has argued the listing of donors in TV and radio dered. against the DISCLOSE Act on the the- ads. Mr. BINGAMAN. Mr. President, I ory that it would squelch political I am not unsympathetic to first came to speak on the DISCLOSE Act. I speech. amendment concerns regarding the would say parenthetically that I con- I ask unanimous consent to have rights of politically active groups that gratulate my colleague from Arizona printed in the RECORD following my re- want to be engaged in the discussions for his statement earlier—a spirited de- marks an opinion piece in Politico this regarding the future of our country, fense of those U.S. business leaders morning entitled, ‘‘MITCH MCCONNELL but enabling corporations and special who choose to shift jobs overseas. That dead wrong on DISCLOSE Act.’’ It was interest groups to use what are essen- is a subject for another day. I will not written by Adam Skaggs, the senior tial shell organizations for the simple engage in that debate today, but I counsel for the Democracy Program at purpose of spending vast sums of think it admirable that he feels com- the Brennan Center for Justice at the money to influence elections, and to do pelled to make that case here on the New York University School of Law. so in secret, is incredibly harmful to Senate floor today. The ACTING PRESIDENT pro tem- our democracy. I want to speak in support of the pore. Without objection, it is so or- Requiring the disclosure of large do- DISCLOSE Act. If there is one thing dered. nors is a reasonable mechanism to that Democrats and Republicans (See exhibit 1.) maintain the integrity of our electoral should be able to agree on, it is that Mr. BINGAMAN. In that opinion system without infringing on the abil- our campaign finance system is bro- piece Mr. Skaggs points out that there ity of organizations to actively partici- ken. My colleague from Rhode Island is no legal or logical basis to support pate. I urge my colleagues on both made that point earlier, and I certainly the Republican leader’s argument. The sides of the political aisle to take this agree with that. DISCLOSE Act is an important step in opportunity to support the modest but With the Supreme Court’s decision in the direction of requiring trans- important reforms that are included in Citizens United, corporations, unions, parency. The legislation would require the DISCLOSE Act. and other groups are able to raise mil- certain organizations that make more I yield the floor. lions of dollars through secret con- than $10,000 in campaign-related ex- EXHIBIT 1 tributions and spend unlimited penditures to file a disclosure report [From Politico, July 15, 2012] amounts of money to influence Federal with the Federal Election Commission MITCH MCCONNELL DEAD WRONG ON elections, as long as they do not di- and to report the names of any donors DISCLOSE ACT rectly coordinate with a candidate. who contributed over $10,000. (By Adam Skaggs) According to the Federal Election About 93 percent of the money raised Senate Minority Leader Mitch McConnell Commission, it is expected that some- by super PACs in 2010 through 2011 (R–Ky.) has launched a full-throated attack

VerDate Mar 15 2010 03:08 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.016 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S4994 CONGRESSIONAL RECORD — SENATE July 16, 2012 on the DISCLOSE Act, which Democrats are tary Commissions Act to create new panels side of the aisle are now saying that set to bring to the Senate floor on Monday. it hoped would pass muster before the high when faced with the choice of address- DISCLOSE supporters say it ensures trans- court. ing the fiscal cliff we are facing at the Policymaking in the states follows the parency and accountability in U.S. elections. end of this year by raising taxes on McConnell, however, contends it’s a vehicle same dynamic. After the Citizens United de- for intimidation that will squelch political cision, more than 10 states responded by small businesses, they will take their speech and let the Obama administration amending their laws—many to require dis- stand with tax hikes. compile an ‘‘old-school enemies list’’ to pun- closure of the new corporate political spend- This is remarkable. Rather than stop ish critics. ing that the ruling enabled. the country from going over the fiscal Central to McConnell’s strongest indict- There is nothing out of the ordinary—and cliff and preventing the expiration of ment is that the bill is a lawless end run to certainly nothing untoward—about these or the 2001 and 2003 tax relief, they are get around the Supreme Court’s Citizens countless other examples of lawmakers re- prepared to ‘‘Thelma and Louise’’ the sponding to legal precedent. The only re- United decision. McConnell seems to suggest American economy right off the cliff. the Democrats’ actions are not only wrong— markable thing is McConnell’s contention they’re un-American. that this legislative action is somehow il- This is an astonishing admission, but But McConnell’s critique fundamentally licit. it is not surprising. We hear from the mischaracterizes the relationship between In fact, legislative responses to Supreme other side about Republican orthodoxy the Supreme Court and other branches of our Court rulings can sometimes be necessary. on tax relief, but we rarely hear them government. By intimating that it is illegit- When a court rests its decisions on a policy come clean about their own economic imate for the legislative and executive assumption that turns out to be wrong, orthodoxy. Occasionally it emerges for branches to develop policy in response to Su- elected officials have an obligation to ad- dress that discrepancy. Citizens United con- all to see. preme Court decisions, the Senate leader dis- On Friday in Virginia the President plays ignorance of the basic hydraulics in ditioned corporations’ right to unlimited po- the founders’ system of separated powers. litical speech on transparency—pairing cor- let his real views on economic matters Indeed, suggesting that enhanced disclo- porate spending with ‘‘effective disclosure’’— slip. Here are his views on business sure undermines Citizens United takes what so voters could better understand what owners. Justice Antonin Scalia might call ‘‘a par- groups are trying to influence their votes. Somebody helped to create this unbeliev- ticularly high degree of chutzpah.’’ The deci- By passing DISCLOSE, Congress can en- able American system that we have that al- sion endorsed robust disclosure—by a near- sure that reality conforms to the idealized lowed you to thrive. Somebody invested in unanimous, 8–1 vote. disclosure system that the Supreme Court roads and bridges. If you’ve got a business— ‘‘The First Amendment protects political assumed existed. you didn’t build that. Somebody else made speech,’’ Justice Anthony Kennedy wrote for While they’re at it, Congress should ad- that happen. the majority, ‘‘and disclosure permits citi- dress one more Citizens United problem. The zens and shareholders to react to the speech ruling allows corporations to make inde- Well, the President is right that of corporate entities in a proper way.’’ pendent expenditures because, it said, spend- somebody did make that happen. The McConnell, by arguing that disclosure un- ing wholly independent of candidate cam- people who made it happen are called dermines the First Amendment, is in fact paigns could not lead to corruption. taxpayers. The President seems to turning Citizens United on its head. Unfortunately, much of the outside spend- think the Department of Transpor- He also misrepresents the relationship be- ing now dominating the 2012 election has tation just made those roads and come from candidate-specific super PACs, tween branches of government. To be sure, bridges happen, but that is not how it the role of the elected branches is distinct functioning like de facto arms of the can- from that of the judiciary. It is emphatically didate campaigns. About as far from ‘‘wholly works. Nothing happens in this coun- the job of the courts to say what the law and independent’’ as can be imagined. try—no roads, no bridges, no fire- Constitution mean, and the President and Congress should adopt meaningful coordi- fighters, no military, no public schools, Congress may not trump the Supreme nation rules to police the ties between cam- no nothing—without taxpayers footing Court’s interpretation. But once the high paigns and super PACs—and ensure that the bill. court announces its interpretation, it is ap- groups claiming to be ‘‘independent’’ really Much of that financing comes from propriate, sometimes even expected, that are. It is not an ‘‘end run’’ around a Supreme the very small businesses on which elected officials develop new statutes and President Obama was lecturing on Fri- policies that fit the new parameters. Court ruling that embraced transparency That is exactly what Congress is seeking and independence for Congress to ensure day and on which he and his allies are to do with DISCLOSE. Citizens United pos- transparency and independence. Despite Mc- desperate to raise taxes. Their eco- ited the benefits of a ‘‘campaign-finance sys- Connell’s ‘Chicken Little’ rhetoric, it’s what nomic philosophy appears to be that tem that pairs corporate independent ex- democracy is about. government is the engine of the econ- penditures with effective disclosure,’’ ex- The ACTING PRESIDENT pro tem- omy when, in fact, the government plaining that ‘‘disclosure of expenditures can pore. The Senator from Utah. ceases to exist without economic provide shareholders and citizens with the FISCAL POLICY growth and the tax revenues that fund information needed to hold corporations and elected officials accountable for their posi- Mr. HATCH. Mr. President, today the all of these investments the President tions and supporters.’’ Senate is taking more time to debate a wants to spend on. But, because of numerous loopholes in cur- bill that will have little consequence With this bizarre world view, it is not rent law, effective disclosure exists today for the American people—all people, surprising that President Obama and only in theory—not reality. that is, but those who work in the Senate Democrats think it is more im- The proposed law would remedy that defi- White House on President Obama’s re- portant to raise taxes on over 1 million ciency by requiring groups that run cam- election campaign. small businesses than it is to prevent a paign ads to disclose their major contribu- recession and encourage job growth. If tors—while letting donors who earmark con- We are in our 41st straight month tributions for nonpolitical purposes remain with unemployment above 8 percent, we do not address this fiscal cliff, taxes anonymous. The bill represents a clear con- but the Senate is again taking up pre- will go up by over $4.5 trillion over the stitutional exercise of congressional power— cious time—time that could be devoted next 10 years. The President’s former consistent with the guidelines laid out by toward creating jobs—to address legis- Director of the Office of Management the court in Citizens United. lation that is instead designed to cre- and Budget has suggested this might This back-and-forth dialogue among the ate votes for the President’s flagging throw us into a recession. The Federal branches of government, driving the creation reelection efforts. I would be outraged Reserve has suggested this dire out- and development of law and public policy, is healthy, even essential, for democracy. This at this partisan display if it were not come as well. But instead of dealing policymaking in response to Supreme Court so pathetic, but in the end I think the with it by extending the existing tax decisions is also routine—contrary to Mc- American people will have enough out- rates, the President and Senate allies Connell’s specious argument. rage to spare. are playing chicken with the economic After the court read the Civil Rights Act It is important for the American peo- recovery. They are playing games not to limit certain gender discrimination ple to know what the Senate Demo- only with the economy, but they are claims, for example, Congress responded by cratic leadership considers pressing playing games with peoples’ liveli- passing the Lilly Ledbetter Fair Pay Act to business. Today the world’s greatest hoods. This is a disgrace. extend the statute of limitations for such claims. In another case, soon after the court deliberative body, the Senate, takes up The American people understand struck down the military commissions the one of the most deliberately political that tax increases in the name of def- Bush administration had set up to try Guan- pieces of legislation you will ever see. icit reduction wind up being tax in- tanamo detainees, Congress passed the Mili- Meanwhile, my friends on the other creases to fund larger government.

VerDate Mar 15 2010 02:58 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.020 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S4995 That has been the history of my 36 it is critical that the President dis- political small ball when there are years here, and the American people courage those who would criticize pressing fiscal issues facing this coun- have the last say on this matter. A re- them. try, I appreciate their desire to shift cent poll found that a majority of the We saw this last year when the Presi- the debate to politically expedient leg- American people want all the 2001 and dent issued an Executive order that islation. The fact is, from a policy per- 2003 tax policy extended—all of it. Then would, in effect, give the President the spective this administration has come we can undertake fundamental tax re- authority to deny government con- up wanting again and again. form. Why can’t we do that? What is tracts to certain companies based on Last week the President, when asked the other side’s objection? their donations or political engage- to evaluate the failings of his adminis- There is no real policy objection. The ment. Earlier this summer, the IRS re- tration, claimed he had focused too only real objection is that it diverts quested confidential donor information much on policy. This is like a recent the President and his Democratic allies from organizations applying for tax ex- college graduate saying at a job inter- from their real pressing business, empt status, information that is pro- view that one of his biggest short- which is apparently getting the Presi- tected by Federal law—the confiden- comings is that he cares too much and dent reelected. Here we are debating tiality of which is protected by Federal sometimes works too hard. another bill that will do nothing to law. Give me a break. For all of the tril- create a job and nothing to get our This past June I was joined by a lions in new spending and tax hikes, economy moving again. number of my colleagues in expressing there is apparently nothing in the The politically motivated bill du jour our concerns about these questionable President’s policy record worth defend- is the DISCLOSE Act. I oppose this leg- IRS practices, and we are still awaiting ing. In fact, their modus operandi is to islation on policy grounds, but just as a response. Liberal advocacy organiza- avoid any discussion of any policy at importantly, I oppose the majority’s tions have publicly stated that they all, pretend the last 4 years did not ongoing effort to convert the U.S. Sen- plan to use campaign disclosures to in- happen, pretend the stimulus did not ate into a vessel for President Obama’s timidate and embarrass those who have happen, pretend the efforts of cap and political campaign. The majority donated to opposing campaigns. As we tax and union card check did not hap- knows this legislation will not pass in have seen in several recent news re- pen, pretend ObamaCare did not hap- the Senate, or at least they should ports, many political operatives have pen, and, instead, just smear the oppo- know, given the fact this Chamber has already done so. nent. already rejected this legislation. What The DISCLOSE Act would make this When the President said his adminis- is worse is that it appears that the ma- type of political intimidation easier tration needed to focus less on policy jority does not even want this legisla- and more common. So given the other and more on storytelling, I guess this tion to pass. What they want and what side’s track record when it comes to is what he had in mind: Rather than has become too common in the Senate ‘‘transparency,’’ I hope they excuse me defend his own policies, he and his if I am a bit skeptical when they claim these days is another dog-and-pony campaign surrogates would develop a this is about good government and not show—another opportunity to demon- storyline that smears their political about punishing political opponents. opponent. That is all fine and good. As ize the business community in service If the majority wanted us to take of the President’s class warfare cam- them seriously in this effort, they they say, life is about choices, but let’s paign theme. would have at least included provisions not sugarcoat this decision. It is an My friends on the other side of the that would apply the same type of ugly one, and the President will have aisle would have you believe the Su- standards to the labor unions who to live with it. preme Court’s Citizen United decision Should the President be forced to de- have, for decades now, bankrolled has paved the way for a corporate take- Democratic election campaigns on the fend his record, he would have a lot of over of our election system, that cor- local, State, and Federal levels—and to explaining to do. Just last week we porations are spending untold millions the tune of billions of dollars, and they learned another doozy from his admin- to influence elections with no account- are the best political operatives in the istration. In essence, by the stroke of a pen— ability. business. It is no accident that the What they will not tell you is that unions are far more likely than cor- and against the clear intent of bipar- increased spending by super PACs in porations to engage in the type of ad- tisan majorities of the American peo- this campaign cycle has nothing to do vocacy and political spending the ma- ple, Congress, and the law itself—Presi- with Citizens United. While they are jority is deriding in this debate. dent Obama’s administration has at- touting the benefits of increased dis- Yet while the language of the DIS- tempted to undo welfare reform, one of closure, they conveniently leave out CLOSE Act ostensibly applies to union the signature bipartisan policy the fact that super PACs are already spending, the unions’ bottom-up busi- achievements of the last 20 years. required to disclose their donors and ness model of funding their political Nearly 16 years ago, on August 22, that the Supreme Court in Citizens activities would continue unabashed 1996, after two vetoes, then-President United no less actually upheld those under this legislation without a single Bill Clinton finally signed the Personal disclosure requirements. additional disclosure on the part of Responsibility and Work Opportunity Furthermore, and contrary to the most unions. Reconciliation Act—otherwise known majority’s talking points, Citizens This can hardly be a coincidence. as welfare reform. This landmark legis- United has not led to a dramatic in- Mr. President, in Citizens United, the lation, the product of the Republican- crease in corporate campaign spending. Supreme Court reaffirmed that money controlled Congress, ended the entitle- Yet the majority argues that the dan- spent in the political process is pro- ment to welfare and replaced it with a gers of corporate campaign spending tected by the first amendment. While block grant to the States. This block are ever present and, as a result, we this may be accompanied by spending grant, known as the temporary assist- need to know the names and addresses and speech that some find objection- ance for needy families—or TANF— of individual donors to such campaigns. able, such is the natural byproduct of provided States with unprecedented So with the dangers to democracy of living in a country that has a first control over welfare programs in ex- corporate giving and the negative im- amendment. change for meeting Federal work pact of Citizens United largely straw While colleagues are free to lament standards. men, what is the purpose of our debat- the results, they should not use this oc- Since enactment of welfare reform, ing this bill today? Clearly, this effort casion as an opportunity to silence welfare caseloads have dropped dra- is more about discouraging political citizens who oppose their agenda and matically. Families receiving welfare speech than on transparency. It is just discourage their critics from speaking have dropped by nearly 60 percent. Peo- another effort on the part of the out. Because the DISCLOSE Act seems ple got jobs who were unemployed for Obama administration and their con- designed for that very purpose, I urge years, and they gained self esteem from gressional allies to intimidate those my colleagues to vote no on cloture. working. who disagree with the President’s poli- As much as I disagree with the deci- Welfare reform remains popular and cies. Not able to defend these policies, sion of the Senate leadership to play is often cited as the most significant

VerDate Mar 15 2010 01:59 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.021 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S4996 CONGRESSIONAL RECORD — SENATE July 16, 2012 domestic policy accomplishment in This executive overreach is a very se- passed by this branch of government, decades. The core philosophy behind rious matter with major long-range im- which is supposedly coequal. welfare reform is the emphasis on work plications. The Obama administration, I hope we will all fight. Our country and moving from dependency to self- through this waiver scheme, is at- will be better off if we do. sufficiency. tempting to unilaterally disarm the I yield the floor. Despite the popularity of welfare re- legislative branch of the government The ACTING PRESIDENT pro tem- form, programs created under TANF and accomplish by executive fiat what pore. The Senator from Massachusetts have languished. As more States were they never even attempted to do is recognized. able to get credit toward the Federal through the regular legislative process. Mr. KERRY. Mr. President, what is work requirement based on the declin- This administration has consistently the parliamentary situation? ing caseloads, TANF increasingly be- demonstrated a flagrant disregard for The ACTING PRESIDENT pro tem- came less of a welfare-to-work program the constitutionally mandated coequal pore. The Senate is considering the mo- and more of a funding stream to prop branch known as the legislative tion to proceed to S. 3369, the DIS- up other social programs. branch. This is but the latest in a se- CLOSE Act. In 2005, the nonpartisan Government ries of decisions that demonstrates the Mr. KERRY. Senators are permitted Accountability Office reported that administration’s sheer arrogance in at- to speak on the previously agreed-upon several States listed as part of their tempting to bypass Congress without time? definition of a ‘‘Federal work activity’’ legal warrant. The ACTING PRESIDENT pro tem- under TANF some of the following: To be clear, disregard of Congress’s pore. There is no time. One, bed rest; two, personal care activi- power to make the laws under which Mr. KERRY. Mr. President, I appre- ties; three, massage; four, exercise; we live is disregard for the American ciate the opportunity to say a few five, journaling; six, motivational read- people. The essence of Republican gov- words about the DISCLOSE Act, which ing; seven, smoking cessation; eight, ernance is that the American people we are debating on the floor of the Sen- weight loss promotion; nine, partici- have a say in what the laws are. That ate. pating in parent-teacher meetings; ten, say comes through their elected rep- I have been involved in this issue of helping a friend or relative with house- resentatives, not some unelected bu- campaign finance reform since I first hold tasks and errands. reaucrat putting out guidance that is entered politics, when I first became My gosh. in flat contradiction to the wishes of involved in the political discourse of The Deficit Reduction Act of 2005, the people’s representatives and the our country in the late 1960s and early which then-Senator Barack Obama op- clear text of the law that is supposedly 1970s—a long time ago now. posed, attempted to refocus State ef- With 27 years as a Member of the forts on getting individuals engaged in being enforced. Ours is a government of laws, not of Senate, I have seen this debate over work and closing these work activity men. With this action, the administra- money in American politics. I have loopholes. The funding authority for tion has shown that it will not let the seen it endure its highs and also its TANF expired at the end of fiscal year constitutional prerogatives of Congress lows. 2010. Looking back in history, I can re- The Obama administration has not or the actual intent of the law stand in member back in 1990 when we sum- proposed a comprehensive reauthoriza- the way of their policy goals. moned 59 votes in the Senate—mostly tion of TANF, and TANF has continued We cannot let this stand. I, for one, Democrats, which will tell you a lot under a series of stop-gap extensions. have no intention of letting it stand. about this issue, and 4 Republicans, in- Late last week, the Obama administra- Let me just say when we did the tem- cluding Senators Cohen of Maine; Jef- tion quietly released ‘‘guidance’’ to the porary assistance for needy families fords of Vermont; MCCAIN of Arizona, States, informing them that the ad- bill, one of the most important provi- who is still here and fighting on this ministration had granted itself author- sions in that bill was the work activity issue; and Senator Pressler from South ity to waive work requirements in provision. Because people had to go to Dakota. We passed a restraint on TANF, ‘‘including definitions of work work after a certain period of time— activities and engagement, specified during which we gave them help, spending in American politics, a bal- limitations, verification procedures money, subsidization, and did all the anced bill which would have, in fact, and the calculation of participation necessary things to help them go to required disclosure and limitations on rates.’’ work—literally about 60 percent to spending, with a certain ability of peo- In the 16 years since the creation of two-thirds of those who had been on ple to be able to be held harmless if the TANF, no administration has con- welfare, some for generations, went to people were millionaires and spent ex- cluded that they have the authority to work and gained self esteem by sup- traordinary amounts of money. It waive TANF work requirements. The porting themselves. made the playing field in America fair, provision in the Social Security Act, I, for one, have no intention of let- and it gave the best opportunity for section 1115, which allows certain waiv- ting it stand. I will shortly introduce the American citizen—about whom this ers, does not cite the section of the law legislation to halt this risky scheme entire exercise is supposed to be fo- that includes the TANF work require- and attempt to gut welfare reform. I cused—an opportunity to know they ments. In an attempt to justify the urge colleagues to stand with me. were not going to be bombarded with waiver scheme, the Obama administra- Nothing less than the constitutional unbelievable amounts of money that tion cites a reference in section 1115 to viability of the Congress is at stake. distort the American political debate. a provision dealing with a TANF State I can imagine if Senator Byrd, who We thought we had a chance, but un- plan. Because the State plan section was the majority leader for many years fortunately that bill was vetoed by the refers to the work requirements, ac- and became the principal rules person President. cording to the Obama administration, on the Senate floor for most of my It is not a coincidence that only four this allows them to waive TANF work service—if he were here today he would Republicans supported that bill. It is requirements. be having a fit over this type of arro- not a coincidence today, as we come to Mr. President, if this sketchy logic is gance by this administration or any the floor of the Senate, that maybe no allowed to stand, a case could be made other administration, Republican or Republican or very few—very few, I that there is virtually no domestic so- Democrat. He would be standing for think is a fair way to say it—will be cial program whose rules and protec- the rights of the Senate. willing to vote to disclose where our tions cannot be waived. For example, I caution my colleagues on the other money comes from. since Medicaid is referred to in section side that it is time for them to stand We are not even here seeking a limi- 1115, and since the foster care programs for the rights of the Senate and the tation on the amount of spending. We are referred to in the Medicaid statute, House—this legislative body called the ought to be, but we are not. We are a case could be made that under the ad- Congress. We have to quit this and quit here simply trying to get the American ministration’s sketchy logic the pro- relying on an out-of-control adminis- people the right to know who is giving tections for children in foster care tration to do Executive orders that the money, who is paying these mil- could be waived. modify what is really legislation lions of dollars in order to affect the

VerDate Mar 15 2010 02:58 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.022 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S4997 debate in America and, in most cases, I paign finance system we have, where ability to be able to set the agenda. will tell everyone, frankly, to distort all our time—or a huge amount of our The agenda is set by the money be- the debate. I believe the amount of time is a fairer way to say it—is spent cause the money is what runs the cam- money in American politics today is raising money? I have heard the major- paigns. As a result of the Supreme stealing America’s democracy. It is ity leader and the minority leader com- Court ruling in Citizens United, all any robbing Americans of the right to have plain they can’t have Senators here CEO or billionaire has to do is turn the kind of representation and the kind Mondays, Fridays, and other periods of over billions of dollars to somebody of discussion Americans deserve. time because everybody is governed by who goes out and runs a media cam- When I was first here back in 1985, we the campaign schedule. We now have paign. were working with people such as Bill secret donors who blow candidates out Senator MCCAIN, as we all know, Bradley from New Jersey and David of the water with on-air distortions feels passionately about this issue. He Boren from Oklahoma and JOE BIDEN, that are simply mind-boggling. I lived recently said: ‘‘I think there will be now the Vice President, obviously, and through many of those distortions in scandals associated with the worst de- George Mitchell, the former majority 2004, when I ran for President, so I cision of the United States Supreme leader and Senator from Maine, all of know what I am talking about when I Court in the 21st century.’’ whom were dedicated to trying to take talk about the power of the lie with a I agree with Senator MCCAIN. There the big money out of politics and re- lot of money put behind it. I don’t already are scandals, but not every- place it with a public match for Senate think anybody here believes the body sees them. But I will tell you this, and House races. Fundamentally, the amount of money in the system today a lot of Senators know exactly what status quo won. The status quo stopped doesn’t have the ability to drown out they are. us, and the status quo is winning the voices of people who get into public This imbalance we have will result in today. service in order to get things done but escalating media wars, where can- In response to the soft money scan- who don’t have that kind of money and didates are reduced to mere proxies in dals—maybe people have forgotten we don’t have access to that kind of the process. Somewhere, at some time, had our scandals in the 1990s—we fi- money. those winning candidates are going to nally passed the McCain-Feingold bill, Frankly, the fundamental reason be asked to pay up on some special in- modest as it was. All it did was put a why there is such a disparity between terest need or to tow the line on an ban on soft money, the soft money, the numbers of Democrats who want to agenda that is set by a kind of new ter- which is the big amounts of money have a fair playing field and the num- ror that enters into our politics. that get poured into the political sys- ber of Republicans who vote against All one has to do is think about the tem. That ban had the unintended con- campaign finance reform is, obviously, trajectory we are on today. Will Rogers sequence of pushing everybody to look they have a lot more money. Corpora- once said that ‘‘politics has gotten so for the biggest loophole they could tions have a lot more money, big bil- expensive that it takes a lot of money find, and they found a loophole. The 527 lionaires who don’t want to be taxed in to even get beat with.’’ That has never groups, as we have come to know them, a fair way in America have a lot more been more true. Will Rogers would be came out and the debate was again money to throw at the system. So we stunned by the amount of money in taken away from the candidates and have one guy out in Las Vegas who can politics today. given to outside groups that had huge put millions of dollars behind a can- In 2008, a record total of $5.2 billion amounts of money. didate for President and keep a can- was spent in Presidential, Senate, and A lot of Americans are not aware of didacy alive when normally it would House races. That broke the 2004 record that. A candidate could be running and have died long ago. The only life it had the year I ran of $4.1 billion, and that have one thing he or she wants to actu- was the money. That is what happens broke the 2000 record of $3.1 billion. In ally say, but outside groups can come today. other words, every single year more in with enormous amounts of money That is not what the Founding Fa- and more money. But now, in 2010, in and completely flood the ability of a thers intended for this institution. the first campaign after Citizens candidate to control the message of Ours is a system where billions of dol- United, there was a fourfold increase in that particular campaign and certainly lars can be spent by any millionaire or the expenditures from super PACs and have a profound impact on it. Never did billionaire or the largest corporations other outside groups compared to we imagine then, however, that with in the world to distort our democracy, 2006—fourfold increase—in a 2-year pe- one decision, the Supreme Court would diminish the voices of candidates, pol- riod of time. Anonymous spending— tilt the voice of our democracy and our lute our airwaves with spending what- anonymous spending—rose from 1 per- discourse so heavily in favor of large ever and wherever, and the average cent of the outside spending to 44 per- unaccountable interests at the expense American doesn’t even get to know cent in a 2-year period of time. of the average American. That, my where the money is coming from. They That is what we get when the Su- friends, is what happened when the Su- have the ability in the United States of preme Court of the United States rules preme Court made the Citizens United America to do it secretly—secretly. It in a 5-to-4 decision—one vote—that decision, which is certainly the worst is secret money. The sources are un- corporations and big interests have the decision in 100 years, if not more. specified and the American people same rights to speech as individuals. I What we are talking about today is a don’t know who is behind it. mean it is stupefying to think about it. system that is simply broken. It is as I think it is an insult to the freedom I remember from law school that a cor- fundamentally broken as the campaign every Senator extols the virtues of all poration was a fictitious entity—a fic- system in our country has ever been. I the time in this Senate. It is an insult titious entity—created to provide a worry personally, deeply, about what it to the notion regarding our liberty and veil of protection for the people who has done to our ability to govern in the our equality and our fairness. It vio- form it in order to permit commerce in public interest and what it does today lates the rules of honorable discourse America. Nobody ever created a cor- to threaten the ability of this institu- and debate, and it is a threat to every poration with the notion it would have tion to function. single public servant running for office the same rights as a person. Corpora- In explaining why she is leaving the in this Nation because it means their tions don’t get married. They don’t Senate, our Republican colleague Sen- ideas can be drowned by the dollars. have kids. They don’t cry. Sometimes, ator SNOWE wrote: This body is not liv- I got an e-mail the other day from I suppose, when Wall Street falls apart, ing up to what the Founding Fathers somebody in another country who e- a few people may. But the notion that envisioned. She spoke of our Founding mailed me and said: You guys are be- somehow corporations can have the Fathers’ vision for the Senate, where ginning to look like the oligarchies of same rights of people is an insult to we could reach consensus in an orderly the world, where the amounts of money the drafters of the Constitution of our manner. There is nothing orderly and buy anything they want. country and the corollary that some- there is no consensus. Does anyone be- The increased influence of special in- how they, therefore, get to spend the lieve we can make that kind of Senate terest money, big money in our politics same amount of money in an election occur today, given the kind of cam- is robbing the average citizen of their cycle as an individual.

VerDate Mar 15 2010 01:59 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.024 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S4998 CONGRESSIONAL RECORD — SENATE July 16, 2012 As a result, we are now seeing a moves the fallacy that Americans are fought this fight in the early 1900s, and spending blitz by shadowy groups that voluntarily somehow organizing to he took on the great malefactors of is projected to reach billions of dol- pursue some public interest. That is a wealth, he took on the concentration lars—money that is impossible to trace farce. That is not what is happening in of power, and he was the great trust to its source, money that is kept in these instances. The truth is that buster. It was an extraordinary period shadows, away from the average Amer- Americans aren’t organizing or mobi- of time in America confronting power. ican’s ability even to ask who is paying lizing to bring you the vast percentage Back in 1910, in Osawatomie, KS, the bills for those ads, who is behind of the advertisements that are seen on Teddy Roosevelt said: those ads, whose interests do those ads TV. The truth is that corporate special The Constitution guarantees protections represent? The sums of money we are interest money is being compiled and to property, and we must make that promise talking about will mean little to the targeted to pursue a special interest good. But it does not give the right of suf- corporations compared to what they and send a loud televised message to frage to any corporation. may get in return, and that is what those who disagree with them that He urged his listeners again and this is all about: blocking legislation, they are going to be punished and tem- again to demand an especially national blocking a regulation, preventing a pered. And not only is it going to tip restraint upon unfair money-getting, elections, it is going to cripple the leg- change in the tax law that takes away as he called it, and the absence of that a preference that has no relationship to islative process. When the Citizens United decision restraint, he noted, has tended to cre- today’s economy. ate a small class of enormously There are hundreds of examples, and was handed down, the voices that were seeking corporate largess said at that wealthy and economically powerful I have seen them through the years, men whose chief object is to hold and where money drives the agenda of the time that it is not going to have any impact. They said we need not worry increase their power. Congress and of our politics, way in ex- What Teddy Roosevelt said in 1910 is cess of what it ought to be when we about funneling new funds to can- didates. But the truth is that Karl perhaps even more true today. The rea- measure it against the real concerns of son is that during the 1990s and subse- the average family trying to make ends Rove has admitted that based on the Citizens United decision, he formed two quently, we have created greater meet or find a job in America. new groups to influence the 2010 elec- wealth in America than during the pe- Today, we will vote on a bill—a vote riod when we did not have an income that ought to go unopposed by any tions with $52 million worth of ads bankrolled anonymously by special in- tax. People today are wealthier, com- Member of this institution who swore paratively, than the Pierponts, the to uphold the Constitution of the terests. And now that the Supreme Court has opened that door to these Morgans, the Rockefellers, the Carne- United States—and this vote could go a gies, the Mellons, and all of those fa- long way toward making the fight be- anonymous ads, similar groups are al- ready planning to spend approximately mous names of the 1900s who helped tween the public interest and corporate $300 million on the election this fall. build this country. Today, the wealth interest, if not fair, at least trans- So whether or not you agree with the far exceeds that wealth, and the dis- parent. The American people are smart message those ads and organizations parity between the average American and, given that opportunity, will begin are sending, at a minimum you ought and the wealthy has grown wider and to make some judgments about exactly to support the idea that these messages wider than at any other time in Amer- what is at stake. should be sent openly and that those ican history. While the average Amer- The DISCLOSE Act is not an act to who send them ought to be held ac- ican family sees their income getting amend the Constitution. It doesn’t countable. As I have said before, this squeezed and going down, the upper 1 even overturn the decision of the Su- ought to be something every U.S. Sen- percent has seen 10, 20, 30 times in- preme Court that equated the right of ator supports. creases in their income. And that is corporations to people, nor does it con- As chairman of the Foreign Relations what is playing out in the American stitute campaign finance reform. It is Committee, I have the privilege of try- political system today in this Citizens none of those things. Those would be ing to press our interests in many dif- United decision. structural solutions. I, frankly, am for ferent parts of the world, and I meet All we ask today—although we ought them. I think we ought to do them. I with people in various parts of the to be asking for more. We know we think we need a constitutional amend- world who look back at us and ask a can’t get it now, but at least we ought ment at this point in order to rectify lot of questions of us about our democ- to be able to get the ability of the what the Supreme Court has had dif- racy. Increasingly, people are asking American people to know who is put- ficulty discerning. But all the DIS- whether the United States of America ting the money into the system, who is CLOSE Act would do is shed light on can deliver. Increasingly, people are trying to affect these votes, who is try- who is giving money—transparency. looking at us incredulously and ques- ing to set the agenda, whose interests This bill ought to receive unanimous tioning our political system because we are really at stake. That is what is at support. It is an effort to shine the dis- go to the brink over a default on the stake in this vote today, and I hope all infectant of sunlight on corporations debt ceiling or because we can’t get a our colleagues will vote for the right to and faceless organizations trying to budget passed because we don’t do the disclose those funds to the American buy and bully their way into influence fundamental business. And one of the people, who have an inalienable right in Washington through campaigns that most profound reasons we don’t do to know exactly from where they are are run against the Members who dis- that—and I have seen it change here— coming. agree with them. All we need to do is is that the power of the money, the look at the amount of money that has The PRESIDING OFFICER (Mr. power to influence the election has a MANCHIN). The Senator from Texas. been spent against some of our col- profound impact on what colleagues TAX POLICY leagues who are running this year— are prepared to take up, what they are millions of dollars dumped in anony- prepared to vote on, and how they are Mr. CORNYN. Mr. President, earlier mously in these States to try to affect prepared to vote. today our colleague from Washington those races. It is a dollarocracy that is beginning State indicated that President Obama In short, the DISCLOSE Act requires to call the shots, and the American and the Democratic leadership in Con- corporations, organizations, and spe- people know it. That is why they are so gress are willing to accept the largest cial interest groups to disclose their disappointed in what is happening—or tax increase in American history and a political advertising just like a can- not happening—in Washington, DC. series of crippling defense cuts unless didate for office does. That is all it re- That is why the ratings for the U.S. Republicans will agree to raise taxes quires. What could be more normal in Congress are so low—because it doesn’t significantly falling on the very people America, what could be more American produce, it can’t produce, it won’t we are counting on to get our economy than allowing the American people to produce. And the money almost guar- going again and to create jobs. I wish know who is trying to speak to them? antees that. to say just a few words in response. I don’t think it is radical, and I don’t This is not a new fight in our coun- First of all, Senators on both sides of think it is prohibitive. It simply re- try. Teddy Roosevelt, a Republican, the aisle understand that a massive tax

VerDate Mar 15 2010 02:58 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.025 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S4999 increase could well push our economy tor is doing just fine or tell business extended vacation from making those back into a recession. Senators on both owners that the government is respon- same kinds of hard choices? It does not sides of the aisle understand that it sible for their success, I realize the make any sense. Beyond that, it is an would suffocate our investments that President simply doesn’t understand abdication of our responsibility. are so important to business creation the challenges facing America’s entre- Nobody has said leadership is easy. and job growth. Senators on both sides preneurs and job creators or the risks But right now, on issues of extraor- of the aisle understand that middle- they take every day to create jobs. In dinary importance to our economy and class families are already struggling short, I wonder whether the President our national security, leadership is with high unemployment and wage really understands and appreciates the what the American people need and stagnation. And Senators on both sides free enterprise system. It is clear he leadership is what they deserve, but so of the aisle understand that we are liv- doesn’t understand the damaging eco- far that leadership is AWOL. But hope ing through the weakest economic re- nomic effects of misguided government remains that cooler heads will prevail covery since the Great Depression. Yet policies, such as ObamaCare. A small and that Congress and the President, President Obama and his party seem businessman named Grady Payne re- working together, will do our job to obsessed with raising taxes on the very cently told Congress that his 31-year- help put America back to work, to re- people who are responsible for most of old lumber company, Conner Indus- move the uncertainties in the political that new job creation. tries, based in Fort Worth, TX, could process. Led by the President, these same be ‘‘legislated out of existence’’ if the When my colleague from Washington people are demonizing business owners President’s health care law is allowed makes rash statements, threatening and demanding that they be punished, to stand. our country with a recession unless while simultaneously demanding that Whenever I head home to Texas and this side of the aisle agrees to tax in- these same people create jobs. It is no speak to business owners such as Mr. creases that would fall disproportion- wonder that so many Americans are Payne, I hear the same complaints. ately on the job creators in this coun- concerned about the future of the U.S. People are worried that the primary try, that is not the kind of cool delib- economy. In the meantime, Demo- engine of American job creation is eration or common sense coming to- cratic leaders such as our colleague being held back by regulatory over- gether we need when it comes to solv- from Washington State are apparently reach, a woefully inefficient and unfair ing our Nation’s biggest economic ready to stand by and allow truly Dra- Tax Code, and widespread uncertainty problems. conian across-the-board defense cuts about the future of government poli- I yield the floor. even though the President’s own Sec- cies. These are not Republican con- The PRESIDING OFFICER. Presi- retary of Defense has said these cuts cerns or Democratic concerns, these dent Senator from Maryland. would hollow out our military and be are concerns that affect every man, Ms. MIKULSKI. Mr. President, I rise catastrophic to our national security. woman, and child in this country but to speak on the DISCLOSE Act. I rise It simply amazes and discourages me especially those who own a business, in very strong support of this bill. I that some people are willing to play thank the Senator from Rhode Island, chicken with our economy and our na- those who want to start a business, and Mr. WHITEHOUSE, for his leadership on tional security in such a cavalier, cal- those who are looking for a job. We all this bill. He brings such great back- culated sort of way. know these problems are going to have Given that our country has endured to be addressed sooner or later. My ground, with his legal training, as at- 41 straight months of unemployment preference is that we address them torney general and U.S. attorney, well above 8 percent and given how dev- sooner and not later if America is versed on issues of the Constitution astating these defense cuts would be to going to remain competitive in the and also his very strong commitment our military, I would like to ask our global economy and reduce the pain- that elections should be free and fair President and my Democratic col- fully high unemployment rate. After and not rigged by big special interests. leagues a few simple questions. Are you all, these were the problems we were Today, we have a vote to protect the really willing to allow the largest tax sent here to solve. voice of ordinary Americans who now increase in American history? Are you I hear time and time again: Well, an more than ever need to be able to trust really willing to risk the U.S. economy election is coming up. This is an elec- their political system. But you know heading backwards into a recession by tion year. We can’t do it in an election what. We have a big problem and it is the combination of these huge tax in- year. something called a super PAC. Nobody creases and the $1.2 trillion budget se- But we have had an election every 2 knows what that means, but I am going questration scheduled for January 2? years since 1788. It would be a gross to spell it out in plain English. Are you really willing to tell middle- dereliction of our duty if Congress and First of all, a super PAC means we class families that their needs are less the President were to give up on mak- can have unlimited secret money being important than the political needs of ing important decisions in the last 6 pumped into our elections. That is not your party? When it comes to the de- months before the next election. Just the American way. That is why we are fense cuts that are part of the seques- imagine what the American people calling our bill the DISCLOSE Act. It tration scheduled to go into effect in must think. I take that back; I know is balanced, it is common sense, and it January of 2013, are you really willing what they think because they are con- protects the rights of the individual, to do what Secretary Panetta said stantly telling me how frustrated they looking out for the little guy or gal, would happen, which is hollowing out are with Congress and Washington, and also protects the integrity of our the U.S. military? Are you really will- how dysfunctional it is, how they do political system. ing to let Washington gamesmanship not believe their political leaders are I am a reformer, and I absolutely be- compromise our Nation’s security? Are listening to them or hearing them lieve in the Constitution of the United you really willing to tell the heroes of when they say they need help to allow States and that wonderful first amend- Iraq and Afghanistan and our veterans this great engine of job creation off the ment. In our country, we can speak our that their needs are less important mat and to allow it to get back to work mind and we can organize. I stand be- than the political needs of your party? and to allow them to get back to work fore you today because of the first In short, are you really willing to put as well. But it is not going to happen amendment. I fought a highway that election-year politics ahead of the Na- when the President and his party are would have ripped through Baltimore. I tion’s interests? willing to play chicken with a reces- challenged political machines and po- I can only hope that this is a tem- sion. litical bosses. I challenged powerful porary aberration and that the answer My constituents, similar to all our special interests that were going to is really no and that cooler heads will constituents, all 320 million or so make money. But because of the Con- ultimately prevail when the price of in- Americans, have to make important stitution I had the right to speak my action becomes even more apparent, decisions about their families every mind, the right to organize—and I did. but I can’t say I am at all confident. day, every week, and every month of In other countries, they take people When I hear President Obama tell the the year. Why would it be that Con- like me and throw them in jail. With American people that the private sec- gress and the President could have an me, because of the first amendment, I

VerDate Mar 15 2010 01:59 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.026 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5000 CONGRESSIONAL RECORD — SENATE July 16, 2012 could run in an election, do a sweat-eq- bidding on our seat. We are sent to do their zeal to use their fortunes to fur- uity campaign door to door, and come the work of the people and make their ther their political agenda. It has been to the city council, the Congress, and lives better. We owe it to the public to reported that these two brothers are the Senate. I love that first amend- shed light on who gives us money—who putting together a secret group of do- ment. they are, how much they give, and nors, and they are going to put $400 Right now, under the guise of free what is it that they do. Let’s vote in million in the pot to subvert the up- speech, there are those who say we can- favor of democracy. Let’s support the coming election—$400 million. The not in any way impede big-buck donors DISCLOSE Act and let’s have a Con- Koch brothers and their secret group or big special interests from giving gress that is unbought and unbossed. will use those millions of dollars to what they want and not even saying I yield the floor. flood the airwaves, but when we see the who they are. I think when Tom Jeffer- The PRESIDING OFFICER. The Sen- ads, we will not see the names of the son and John Adams and Charles Car- ator from New Jersey. Koch brothers or members of their se- roll sat around Philadelphia writing Mr. LAUTENBERG. Mr. President, at cret group of millionaires. We will see the Constitution, they did not think this moment in time, corruption of a name, a nice name: Americans For the first amendment was about pro- America is taking place, but it is not Prosperity. Yes, the Koch brothers’ tecting the right of secret donors to rig in front of our eyes. The American peo- prosperity. elections. I do not believe that unfet- ple have a right to know who is respon- When we look at what it stands for, tered influence of super donors and big sible. It is being corrupted by secret truly, it stands for siphoning off the business with no limits or require- money from secret donors. Every day votes of the American people, trading ments for disclosure was what the they spend more and more money to them in for cash and picking up their Founders wanted when they wrote that buy our elections, but we do not even agenda. Registered as a social welfare Bill of Rights. know exactly who they are. We are organization—it is an insult. That is When the Supreme Court decided a talking about a small number of people why they are allowed to keep their do- case called Citizens United, it opened who are among the richest in America, nors secret. They have told the IRS the floodgates to unlimited secret and they are determined to manipulate they are not a political committee. money. We knew there would be risk the election in order to elect those to Who, aside from the Koch brothers, and it took no time for it to take root. high office, including a President, who are the donors to Americans for Pros- In the 2010 midterm elections, we saw a will pursue their special interests. perity? We cannot tell you. They are fourfold increase in this type of so- When we turn on the TV, we see their kept secret. They are allowed to hide called super PAC spending. Three-quar- handiwork right in front of our eyes. behind the curtain. ters of that spending came from groups Attack ads that are filled with decep- If these wealthy individuals want to that were previously prohibited. The tions about what is happening are un- pick our next President, they should worst of it, it is all being kept from the dermining our democracy one distor- have the muscle and the courage to American people—who are these orga- tion at a time. stand and say so; tell everybody what nizations and what do they stand for. Who is responsible for the fabrica- it is they want to accomplish, what At a time when the American public tions in these ads? We can’t know. Un- they want to do to our democracy. needs a government on their side, they like the election rules of the past, the They don’t have the courage. They need to know who is working behind names of those funding these oper- would rather stand behind the curtain the scenes to get people elected. The ations are hidden from the American and control our election $1 million at a DISCLOSE Act is simple. It requires a people. We see organizations with in- time. covered organization to file disclosure nocuous names such as Americans for Where do these brothers get all this with the Federal Election Commission Prosperity and Crossroads GPS fill the money? It is interesting. These broth- within 24 hours after they spend $10,000 airwaves with wild claims. These front ers run a giant international conglom- or more on a campaign. What is a cov- organizations provide the curtain that erate, one of the largest privately held ered organization? Corporations, labor hides billionaires and corporations companies in the world. This secretive unions, PACs, and super PACs. This is from sight. We need to pull back the corporation has a huge impact on our not a new concept in Congress. We have curtain on the sources of secret money. lives. Koch Industries controls oil, gas, regulations. If you are a candidate like Why shouldn’t American citizens know and chemical companies that do busi- candidate MIKULSKI, you face limits on who wants to override our people power ness across the globe. donors. During a campaign, I have to with their purchasing power? Now, while we may not notice, their say who is giving me money, I have to Democrats have offered a way to products are everywhere. In fact, their disclose who is giving me money, and shine the sunlight on who is trying to products are in many American homes the donor has limits. Whether it comes buy our country. The DISCLOSE Act today. For instance, all of these every- from a political action committee such would reveal the identities of those day products are sold by Koch Indus- as the National Association of Social who pour millions of dollars into ef- tries. These Dixie cups are cups that Workers, which has always supported forts to deceive the American people. kids drink out of, and they are sold by me, whether it is the American Nurses These groups claim their mission is so- the Koch brothers. Paper plates that Association, which has always sup- cial welfare, but their sinister inten- often serve birthday cakes are sold by ported me, they disclose it. So we know tion is to protect their own corporate the Koch brothers. Brawny paper tow- it is the nurses; we know it is the so- welfare. els that we use to clean the floor when cial workers. It is clear the Republicans are doing our kids spill things are also sold by Also, there are donors whose names everything in their power to prevent the Koch brothers. appear. Why can that not be true for the American people from knowing You probably haven’t heard of all campaigns? What is wrong about who is behind this disgraceful mission INVISTA—it is another company saying who you are when you are giv- of deception and dishonesty. So today owned by the Koch brothers’ global ing more than $10,000 a year? The on the Senate floor I am going to dis- conglomerate—but they do make American public has a right to know. close the identities of a couple of peo- things you have heard of, such as They have a right to be heard, and they ple who are among the biggest sources STAINMASTER carpet and LYCRA need to be represented. of secret money. I am going to disclose fabric for clothes. We think these goods I am a Shirley Chisholm Democrat. where their money comes from. Here come in handy, we all buy them, but She said she wanted a government that on this placard we see the Koch broth- they are also a source of revenue for was unbought and unbossed. Put me in ers, David and Charles Koch. They are the Koch brothers, who fund attack ads that Shirley Chisholm Democratic col- the powerhouses in this movement to that pollute our airwaves. umn. Our Democratic process is cur- take away the ability of the American The bottom line is that allows the rently clouded by a cloak of secrecy. people to decide how they vote and who billionaires who sit on top of global The integrity of our political system is gets into office. business empires to subvert our democ- important to me. We are not sent to do These brothers are worth billions of racy. They want to change it. They the business of secrecy or high-dollar dollars, and they are unabashed in want to change the character of our

VerDate Mar 15 2010 02:58 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.031 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5001 country. They want a few to be able to issue. He has been talking about this vidual could literally distort our polit- name the governance of the millions. matter of DISCLOSE, along with Sen- ical system through the use of money, Although Brawny paper towels may ator SCHUMER, since the Supreme and that is something I hope all of us be able to clean up some spills, they Court decision in 2010 with the Citizens would be concerned about. will not be able to clean up what is United decision. I am now a believer. I think the only going on with our electoral process. I must say that I think the Citizens thing we can do to overturn the Citi- The bottom line is this: When the United decision will go down as one of zens United case is to support Senator wealthy decide they are going to con- the worst decisions in the history of TOM UDALL’s constitutional amend- trol our elections, the American people the Supreme Court of the United ment. That amendment gives the Con- have every right to know it. When States. I say that for many reasons. gress the power we thought we had to these wealthy people decide they want First and foremost, those who are stu- legislate. to become kingmakers as well, the pub- dents of our judicial system and our I think the people of Maryland, West lic should know what they are up to. constitutional separation of powers Virginia, and our Nation would be sur- Kings went out of America centuries will understand that the case that went prised to learn that we cannot legislate ago, and they are trying to bring it up to the Supreme Court was a pretty the limits of what people can con- back in some form. narrow case based upon a 30-minute tribute in campaigns. They think that Common sense says our democracy documentary. In that decision of Citi- is our responsibility, not the Court’s. and our country’s core are at stake, zens United, the Court ruled in a very Well, Senator TOM UDALL’s amendment and we don’t want it to happen. I hope broad way that a corporation has all would give us the power to do that and the American people see what is going the rights of an individual in our polit- overturn the Citizens United case. I on here and understand that they are ical system. It is the first time that hope we could come together to let us not being told what is going on in our has happened. It reversed the legisla- have the power we should have. It society. That is not what America is tion that had been passed by Congress. seems to me that is something both about. The Framers of our Constitution en- Democrats and Republicans in this America’s openness has been the bul- visioned that it was the legislative body should agree on, that those deci- wark for our society since its founding. branch of government that would make sions should be made in the Congress of Secret societies have largely dis- our laws and policies. The legislature, the United States and not in the Su- appeared from our country, but when after a great deal of debate and after preme Court or the courts of our land. they do inevitably appear, it has been many different attempts, passed laws The bill we have before us—and I to bring instability. Transparency has that restricted how much money cor- urge my colleagues to let us move for- enabled our Nation to flourish with porations could put in our political ward to the DISCLOSE Act—brings openness. Our country has become system and how they had to do it in a transparency into the campaign fi- richer as a result of that openness and very open and transparent manner. nance system. Many of us frequently transparency. talk about transparency. Transparency Now, at a critical moment in the his- Then we had a reform bill known as the McCain-Feingold bill that spelled out is the most important part of integrity tory of America, it is shocking to see in our system. We talk about a lot of this abject use of secrecy and power. certain restrictions. All of these cases and laws have been upheld over a long other countries adding transparency to We should not let them take it. We the way they do business. Well, we should not let the few with all kinds of period of time by court decisions. In Citizens United, the Court not should have transparency in one of the wealth—billionaires, if you will, made most fundamental parts of our system, on the backs of the American people— only substituted itself for the legisla- and that is how we conduct our elec- take our democracy from the millions. ture but reversed its own precedent in ruling that corporations could literally tions. It is key to our democracy. If it weren’t for people who manned the It is Justice Brandeis who said that jobs, such as cops, doctors, teachers, put an unlimited amount of money into our political system. As I said, I ‘‘sunlight is said to be the best of dis- and the other people in our society, I infectants.’’ I don’t understand why we don’t care how smart these people think it was one of the worst decisions in the history of the Supreme Court. It would resist the public knowing who is were, they could not have amassed contributing money to influence our these fortunes. And I don’t begrudge has now unleashed unlimited money in our political system. What corpora- political system. them the ability to spend it where they The DISCLOSE Act has the bipar- want, but when it comes to the elec- tions and undisclosed sources can now put into our elections will dwarf what tisan support of the League of Women tion, we have to tell the truth. We have Voters, Democracy 21, and People for to have it happen that way. The Amer- individual contributors will make available in the political season. the American Way. ican people have to know who is going Let me quote from a letter recently to put the President in the White The Center for Responsive Politics has now said that super PACs and their sent to Congress by the nonprofit, non- House in the next administration. We partisan Campaign Legal Center. It don’t want it to change because some- related organizations have already spent over twice what similar groups says: one else is hiding behind the curtain Hundreds of millions of dollars will be and manipulating hundreds of millions spent 4 years ago. We not only have this unleashing of undisclosed cor- spent to influence the outcome of the elec- of Americans who are going to have to tions over the next four months. Neither the abide by them when these elections are porate funds, we are now seeing the candidates being attacked with these mil- over. super PACs taking over as the major lions of dollars nor the public will have com- I yield the floor. source of funding of campaigns. plete, accurate, meaningful information The PRESIDING OFFICER. The Sen- As Senator MIKULSKI just said on the about the sources of such money. Only the ator from Maryland. Senate floor, if we run for office and so- contributors and the beneficiaries will be in Mr. CARDIN. Mr. President, I wish to licit contributions, every one of those the know. Passage of S. 3369 will mean that thank Senator LAUTENBERG. contributors is listed on our reports. in future election cycles those funding these shadow campaigns will be disclosed to the I was listening to Senator MIKULSKI We make quarterly reports so that the people of the Nation know who is fi- public so that voters can make informed de- and Senator BINGAMAN on their com- cisions at the polls. ments to try to bring some common nancing our campaigns. They will not The letter goes on to say: sense to our election laws by basically know who is financing these ads that disclosing who contributes to the polit- are going to appear on television from As we get closer to the 2012 elections, the these Citizens United-type political ac- amount of federal campaign-related spending ical process. That is something Repub- using funds from undisclosed sources con- licans and Democrats have been to- tivities where we don’t know where the tinues to rise. Especially troubling is the gether on for a long time. I don’t know money is coming from. It could come lack of transparency regarding the expendi- what happened. This seems to be an from a single source who wishes to in- tures of so-called ‘‘Section 501(c) groups’’ issue that doesn’t get bipartisan sup- fluence our political system but does this election cycle, such as Priorities USA port. not want to be identified in the cause. and Crossroads GPS. I particularly wish to thank Senator I really think this compromises our I have heard some of my colleagues WHITEHOUSE for his leadership on this democratic system. I think an indi- say: Well, can we constitutionally do

VerDate Mar 15 2010 01:59 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.033 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5002 CONGRESSIONAL RECORD — SENATE July 16, 2012 this? Is this allowed for us? After all, ruption as a result of its ruling. There- the very essence of our democracy and Citizens United sort of says anything fore, I am baffled by my colleagues who the integrity of our system of elec- goes. Well, let me quote from the Citi- are dragging their heels on such a com- tions. zens United decision—and this is very monsense measure. Voters deserve to What does this mean in the real interesting—where the Court wrote: know who is making large donations to world? [P]rompt disclosure of expenditures can influence an election. The DISCLOSE This means an oil company like provide shareholders and citizens with the Act would give Americans the informa- ExxonMobil, which earned $41 billion in information needed to hold corporations and tion they need to take back control profits last year, can spend unlimited elected officials accountable for their posi- and hold elected officials and large cor- money to defeat candidates who oppose tions and supporters. Shareholders can de- porations accountable. To those who offshore drilling. It means Academi termine whether their corporation’s political remain opposed to this bill, I urge you (the company formerly known as speech advances the corporation’s interest in to reconsider your position and support making profits, and citizens can see whether Blackwater) and other defense contrac- elected officials are in the pocket of so- this critically important legislation. tors can spend unlimited sums to elect called moneyed interests. Mrs. FEINSTEIN. Mr. President, candidates who view their defense posi- The First Amendment protects political today I wish to express my strong sup- tions favorably. And large banks will speech; and disclosure permits citizens and port for the DISCLOSE Act of 2012. be free to use their corporate treasury shareholders to react to the speech of cor- This bill is a first step toward restor- to attack candidates in favor of finan- porate entities in a proper way. This trans- ing some transparency and account- cial regulation and consumer protec- parency enables the electorate to make in- ability to our electoral system, an ac- tion. formed decisions and gives proper weight to tion sorely needed in the wake of the the different speakers and messages. During testimony in 2010, Fred Supreme Court’s misguided Citizens Wertheimer of Democracy 21 said it That is the Supreme Court speaking United decision. well: in Citizens United. If the DISCLOSE Act is passed by We clearly have the authority to Congress and signed into law it would It would not take many examples of elec- tions where multimillion corporate expendi- move at least this modest step forward put in place the following two new tures defeat a member of Congress before all to allow the American people to see campaign disclosure measures: One, it members quickly learn the lesson, vote who is making these contributions so requires third-party groups to disclose against the corporate interest at stake in a they can make an informed judgment their top funding sources those over piece of legislation and you run the risk of on election day. We owe it to the citi- $10,000 to the Federal Election Commis- being hit with a multimillion-dollar cor- zens of this country to take up and sion; and, two, it requires these inde- porate ad campaign to defeat you. pass the DISCLOSE Act. pendent groups to certify that their ac- Since Citizens United, we have seen Once again, I wish to thank my col- tivities are not coordinated with can- explosive growth in outside corporate league, who is now on the Senate floor, didates or political parties. and special-interest expenditures: Senator WHITEHOUSE, for his leadership Why are these new disclosure re- The fall 2010 midterm elections ush- on this issue. As I said earlier, from quirements necessary? ered in the independent third-party day one when the Supreme Court The DISCLOSE Act is necessary be- groups, which spent a record $300 mil- issued its decision, it was Senator cause Citizens United, a narrow 5–4 de- lion during that election cycle. This WHITEHOUSE who immediately observed cision by the Roberts Court, struck amount is quadruple the $69 million that we have to do something to make down critical parts of the Bipartisan spent by outside groups in 2006. Nearly sure that those who use this process to Campaign Reform Act. three-quarters of political advertising influence our system—that informa- Let me be clear: Citizens United up- in 2010 came from sources prohibited tion is disclosed so the public has the ended nearly a century of congres- from spending money in 2006. information they need in order to prop- sional law and overturned two Supreme By the summer of 2008, about $70 mil- erly judge our elections. Court rulings. It is the reason super lion had been spent by third-party Mr. JOHNSON of South Dakota. Mr. PAC is now a household phrase, and the groups during the Presidential race. President, I rise today as a proud co- decision troubled me greatly. According to the Center for Responsive sponsor of the DISCLOSE Act. The Court held that the first amend- Politics, outside groups are currently The Citizens United case opened the ment affords corporations and interest on pace to at least triple that 2008 floodgates to unprecedented spending groups the right to spend freely mil- total. An astonishing $167 million has from super PACs and outside interests. lions, even billions of dollars on elec- already been spent as of July 11, 2012. I am concerned this ruling has effec- tion ads to support or defeat a par- Almost $140 million of this comes tively given those with the deepest ticular candidate. from super PACs established in the The practical effect of the decision pockets the loudest voice. This is a sit- wake of the Citizens United decision. didn’t take long to appear. We have al- uation that works to the detriment of As of July 11, there are 667 registered ready seen how unlimited and opaque our democracy because the flood of se- super PACs that have already raised special interest money can decide a cret money is drowning out the voices more than $244 million. Presidential primary, and we continue of working families. More money is being spent than ever to see the impact during the current In the elections following the Citi- before, and it is clear that these unlim- general election. zens United case, corporate and spe- The Citizens United decision has ited sums could be a major factor in cial-interest money has poured into opened the door to unlimited, undis- the 2012 elections. our political system. In the 2010 mid- closed corporate and special interest Earlier this year, the Washington term election, there was a fourfold in- spending in Federal elections. Post reported that many independent crease in spending from these entities In other words, an individual or a ads for the general election campaign in comparison to 2006. During that corporation can give tens of millions of originate from nonprofit interest same timeframe, anonymous spending dollars to an independent campaign ef- groups that do not disclose their do- by organizations rose from 1 percent in fort to slander, impugn, or oppose a nors. The analysis found that politi- 2006 to 44 percent in 2010. candidate or an issue or to support the cally active nonprofit groups with un- In response to the surge in secret same anonymously. disclosed donors have spent more than election spending by special interests, Under current law there is no re- $24 million in the 2012 cycle on political the DISCLOSE Act seeks to restore ac- quirement to disclose to the voters or ads. countability and transparency in our any government agency the names of The public deserves to know who country’s elections. The bill represents the individuals who contributed to these donors are. The value of trans- an important first step in addressing these campaign efforts. parency was demonstrated vividly in the many problems created by the Citi- This is total unlimited and anony- 2010, when Texas-based oil companies zens United ruling. mous spending. funded a ballot measure to repeal Cali- Even the Supreme Court reckoned Let me repeat: unlimited spending. fornia’s landmark climate change law, that greater transparency would likely It is impossible to exaggerate how far the ‘‘California Climate Change Solu- be needed to mitigate the risk of cor- reaching this decision is: it weakens tions Act.’’

VerDate Mar 15 2010 01:59 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.034 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5003 Although the campaign for this supporters would use a soapbox to ex- but that are being stalled for no good measure spent more than $10 million, plain their positions to a crowd, and reason. I am sure the people of New they were unable to conceal that their who is doing the talking is no longer Jersey and the New Jersey Senators funding came from out-of-State clear. appreciate Senate Republicans finally sources, led by multimillion-dollar However, I believe the overarching allowing a vote on this nomination contributions from Texas-based oil principle of the DISCLOSE Act sharing even after 3 months of needless delay. I companies. This transparency allowed the identities of those advocating in an suspect they would be more appre- California voters to know the real election campaign, whether it be for or ciative if the minority were also allow- source of advertisements during the against a candidate, or simply an opin- ing a vote on the nomination of Mi- campaign and make a more informed ion is a necessary part of democracy. I chael Shipp for another vacancy on the decision. That proposition failed, and, I hope my colleagues will agree and vote same Federal court in New Jersey and believe it failed because voters knew to support passage of the DISCLOSE who was also voted out of the Judici- who was paying for the ads. Act. ary Committee virtually unanimously Transparency works. It makes a dif- I yield the floor and suggest the ab- 3 months ago. I am sure they would be ference. With public confidence in gov- sence of a quorum. even more appreciative than that if ernment at a record low, now is the The PRESIDING OFFICER. The Senate Republicans would allow a vote time for more transparency, not less. clerk will call the roll. on the nomination of Judge Patty We must restore confidence in our gov- The legislative clerk proceeded to Shwartz to fill the vacancy on the ernment. The Supreme Court made its call the roll. Third Circuit Court of Appeals who was decision in Citizens United, so there The PRESIDING OFFICER. The Sen- voted out of the Judiciary Committee isn’t much that Congress can do. But ator from Vermont. more than 4 months ago, and who has the DISCLOSE Act is an attempt to Mr. LEAHY. I ask unanimous con- the support of New Jersey’s Republican make clear the effects of Citizens sent that the order for the quorum call Governor, Chris Christie. United and ensure that our election be rescinded. The minority’s stalling votes on judi- process remains transparent. The PRESIDING OFFICER. Without cial nominees with significant bipar- The public deserves to know who is objection, it is so ordered. tisan support is all to the detriment of funding the super PACs and other f the American people. This has been a groups that are airing political ads. tactic that they have employed for the EXECUTIVE SESSION When voters know who paid for an ad, last 31⁄2 years, despite repeated appeals they make more educated decisions. urging them to work with us to help The DISCLOSE Act is a step toward solve the judicial vacancy crisis. We NOMINATION OF KEVIN MCNULTY making that reality. TO BE UNITED STATES DISTRICT have seen everyone from Chief Justice Mr. INOUYE. Mr. President, I rise JUDGE FOR THE DISTRICT OF John Roberts, himself appointed by a today to speak in support of S. 3369, the NEW JERSEY Republican president, to the non- Democracy is Strengthened by Casting partisan American Bar Association Light on Spending in Elections, or DIS- The PRESIDING OFFICER. Under urging the Senate to vote on qualified CLOSE, Act. the previous order, the Senate will pro- judicial nominees that are available to I joined Senator WHITEHOUSE and ceed to executive session to consider administer justice for the American some 25 of my colleagues in cospon- the following nomination, which the public. Sadly, Republicans insist on soring this bill because it is the right clerk will report. being the party of ‘‘no’’. thing to do. I do not believe, as some The legislative clerk read the nomi- What the American people and the claim, that the DISCLOSE Act will nation of Kevin McNulty, of New Jer- overburdened Federal courts need are chill or limit the right to free speech in sey, to be United States District Judge qualified judges to administer justice something as fundamental as advo- for the District of New Jersey. in our Federal courts, not the perpet- cating for a candidate for elected of- The PRESIDING OFFICER. Under uation of extended, numerous vacan- fice. The bill will simply require more the previous order, there will be 30 cies. Today vacancies on the Federal openness by those advocating, an im- minutes of debate equally divided in courts are more than 21⁄2 times as many portant point in our world of radio, tel- the usual form. as they were on this date during the evision, and the internet. The DIS- Mr. LEAHY. Mr. President, before I first term of President Bush. The Sen- CLOSE Act will help restore trans- begin my remarks on the nomination, I ate is more than 40 confirmations off parency and accountability to our elec- wish to speak for a moment about the the pace we set during President toral process by requiring outside debate we are having on the DISCLOSE Bush’s first term. groups to disclose who funds their po- Act. We read the horror stories of se- Because they cannot deny the litical activities. It may be worth not- cret money going into campaigns. If we strength of this comparison using ap- ing that the bill is not focusing on the can’t restrict the amount of money, at ples to apples by comparing first terms average American contributing small least let’s know where it comes from. Senate Republicans instead try to draw amounts of money to her candidate, It is bad enough the Supreme Court has comfort by making comparisons to but rather on those groups who are said corporations are people, as though President Bush’s second term after we making donations of at least $10,000. I having elected General Eisenhower as had already worked hard to reduce va- do not think it is so onerous to ask President, we could now elect General cancies by 75 percent and confirmed 205 those contributing such large sums to Electric as President, or electing circuit and district judges. Their effort identify themselves. yahoos such as Millard Fillmore as is unconvincing and unavailing. In But, I must be honest. I was dis- Vice President means we could elect fact, during President Bush’s second appointed to learn that the so-called Yahoo as Vice President. term, the number of vacancies never ‘‘stand by your ad’’ provision was not There should be only one secret in an exceeded 60 and was reduced to 34 near included in S. 3369. This provision, election, and that should be a secret the end of his presidency. In stark con- which required that the biggest donors ballot. That should be knowing you are trast, vacancies have long remained of a campaign, or sponsors of a radio or secretly voting for who you want to near or above 80, with little progress TV spot, be identified during the ad, vote for, and it should be disclosed only made in these last 31⁄2 years. Today, was what initially caught my atten- if you want it disclosed. As far as pay- there are still 78 vacancies. Their tac- tion. In an age where communications ing the bills, the American people tics have actually led to an increase in are largely anonymous whether it is on ought to know who is paying the bills, judicial vacancies during President Twitter, Facebook, or to a lesser ex- how much, and why. Otherwise, we do Obama’s first term a development that tent, radio and even television, I be- not have honest elections. It is as sim- is a sad first. lieve it is only fair that Americans ple as that. But the real point is that their selec- learn who is speaking to them as they Mr. President, today we will vote on tive use of numbers is beside the point are listening. We have moved past only one of the 18 judicial nominations and does nothing to help the American those times when a candidate or his voted on by the Judiciary Committee people. We should be doing better. I

VerDate Mar 15 2010 04:25 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.029 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5004 CONGRESSIONAL RECORD — SENATE July 16, 2012 know that we can because we have last year. Most were nominated before liam Kayatta, a nominee from Maine done better. During President Bush’s March. In fact the circuit court nomi- supported by his home State Repub- first term, notwithstanding the 9/11 at- nees who Republicans are refusing to lican Senators, and Robert Bacharach, tacks, the anthrax attack on the Sen- consider date back to October and No- a nominee from Oklahoma supported ate, the ideologically-driven selections vember of last year and January of this by his home State Republican Sen- of judicial nominees by President Bush, year. William Kayatta was voted on by ators, and Richard Taranto, whose and his lack of outreach to home State the Committee and placed before the nomination to the Federal Circuit re- Senators, we reduced the number of ju- Senate by mid April and could have ceived virtually unanimous support. dicial vacancies by almost 75 percent, been confirmed then. Richard Taranto Even Judge Patty Shwartz, whose down to 29 by this point during his first and Judge Shwartz have been stalled nomination to the Third Circuit re- term and acted to confirm 205 circuit before the Senate even longer, since ceived a split rollcall vote, has the bi- and district court nominees by the end March. As I explained in my last state- partisan support of New Jersey Gov- of his first term. ment, Senate Republicans have shut ernor Chris Christie. Another excuse from the minority down confirmations of circuit court As I have noted previously, in the comes across more as partisan score judges not just in June or July but, in past 5 presidential election years, a settling than anything else. They effect, for the entire year. The Senate total of 13 circuit court nominees have claim that having confirmed two Su- has yet to vote on a single circuit been confirmed after May 31. It is nota- preme Court Justices, the Senate can- court nominee nominated by President ble that 12 of the 13 were nominees of not be expected to reach the 205 num- Obama this year. Since 1980, the only Republican presidents. ber of confirmations in President presidential election year in which Today, the Senate will vote on the Bush’s first term. there were no circuit nominees con- nomination of Kevin McNulty to fill a The first and most important point is firmed who were nominated that year judicial vacancy in the U.S. District that those proceedings do not excuse was in 1996, when Senate Republicans Court for the District of New Jersey. the Senate from taking the actions it shut down the process against Presi- Like all of the judicial nominees voted could now on the 18 judicial nominees dent Clinton’s circuit nominees. The on by the Judiciary Committee, he has voted out of the Judiciary Committee fact that Republican stalling tactics the support of his home State Sen- and ready for final Senate action. That have meant that circuit court nomi- ators. His nomination was reported second Supreme Court confirmation nees that should have been confirmed with a nearly unanimous voice vote by was in August 2010. That is almost 2 in the spring—such as Bill Kayatta, the Judiciary Committee nearly 3 years ago and it was opposed by most Richard Taranto and Patty Shwartz— months ago, with the only objection Senate Republicans. are still awaiting a vote after July 4 is coming from Senator LEE’s customary Senate Republicans held down circuit no excuse for not moving forward this protest vote. He was rated unani- and district court confirmations in month to confirm these circuit nomi- mously well qualified by the ABA President Obama’s first 2 years in of- nees. Both Mr. Kayatta and Mr. Standing Committee on the Federal fice to historically low numbers 12 by Taranto were voted out of the Judici- Judiciary, the highest possible rating. the end of 2009 and another 48 in 2010 ary Committee with significant bipar- Kevin McNulty currently serves as a for a total of only 60. We did better last tisan support, and Judge Shwartz, a director and head of the appellate prac- year when Senator GRASSLEY became Magistrate Judge and former Federal tice group at Gibbons, P.C., a law firm the ranking member and were able to prosecutor, has the support of Repub- in New Jersey. He served as a Federal confirm 64 nominees. Had Republicans lican Governor Chris Christie. prosecutor in the U.S. Attorney’s Of- not stalled 19 nominations at the end The American people who are waiting fice for the District of New Jersey for of last year and dragged those con- for justice do not care about these ex- more than 10 years, where he was chief firmations out into May of this year, cuses. They do not care about some of the Appeals Division for 3 of those we, the American people, and the Fed- false sense of settling political scores. years. After law school, he clerked for eral courts would be much better off. They want justice, just as they want Judge Frederick B. Lacey of the U.S. As it is, however, the fact remains action on measures the President has District Court for the District of New there are 18 qualified judicial nomina- suggested to help the economy and cre- Jersey. Over the course of his 29-year tions the Senate could be voting on ate jobs rather than political calcula- legal career, Kevin McNulty has tried without further delay. tions about what will help Republican 12 cases to verdict and has argued nu- They refuse to acknowledge that in candidates in the elections in Novem- merous cases before the Federal courts addition to confirming two Supreme ber. of appeal. In 2008, the New Jersey Law Court Justices in President Clinton’s When Republican Senators try to Journal named him ‘‘Lawyer of the first term, the Senate was able to con- take credit for the Senate having Year.’’ I support this well-qualified firm 200 circuit and district court reached what they regard as their nominee. judges. And in 1992, at the end of Presi- ‘‘quota’’ for confirmations this year, I, again, urge Senate Republicans to dent George H.W. Bush’s term, the Sen- they should acknowledge their stren- reconsider their ill-conceived partisan ate with a Democratic majority was uous opposition to those confirmations strategy and work with us to meet the able to confirm 192 circuit and district for which they now take credit. As re- needs of the American people. With court judges despite confirming two cently as 2008, Senate Republicans de- more than 75 judicial vacancies still Supreme Court Justices. Republicans nied there was a Thurmond rule. They burdening the American people and our have kept the Senate well back from used to say that any judicial nominee Federal courts, there is no justification those numbers by only allowing the reported to the Senate was entitled to for not proceeding to confirm the judi- Senate to proceed to confirm 154 of a vote and that every judicial nominee cial nominees reported with bipartisan President Obama’s circuit and district was entitled to an up-or-down vote and support by the Judiciary Committee court nominees. That is a far cry from that they would never filibuster judi- this year. We can and we should be what we have been able to achieve in cial nominees. Well, the Majority doing more to help the American peo- addition to our consideration of Su- Leader has had to file 28 cloture peti- ple. preme Court nominations when the tions to end their filibusters of judicial Anyway, I yield the floor, and I sug- Senate was being allowed to function nominees. Now they are flip-flopping gest the absence of a quorum, with the more fairly and to consider judicial on their own call for up-or-down votes. time equally divided. nominees reported with bipartisan sup- What they are doing now is a first. As Mr. GRASSLEY addressed the Chair. port. I have noted, in the past five presi- The PRESIDING OFFICER. Will the Nor are the nominees about whom we dential election years, Senate Demo- Senator withhold his suggestion for a are concerned recently nominated. crats have never denied an up-or-down quorum? These are not nominees dumped on the vote to any circuit court nominee of a Mr. LEAHY. Of course. I am sorry. I Senate in scores at the end of a presi- Republican President who received bi- didn’t see my friend from Iowa. dential term. These are, instead, nomi- partisan support in the Judiciary Com- The PRESIDING OFFICER. The Sen- nations that date back to October of mittee. They are denying votes to Wil- ator from Iowa.

VerDate Mar 15 2010 03:11 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.036 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5005 Mr. GRASSLEY. Mr. President, I days for President Bush’s judicial the Thurmond rule. Last week, in the support the nomination of Kevin nominees and 224 days for President Los Angeles Times, for example, an McNulty to be district judge in New Obama’s judicial nominees. editorial with the headline ‘‘Reject the Jersey. Although it is the practice and There is another issue I wish to turn ‘Thurmond Rule’ ’’ was based on fac- tradition of the Senate to not confirm to that is repeatedly raised; that is, the tual errors and omissions, so I want to circuit nominees in the closing months vacancy rate—as if Republicans are to correct that. This editorial echoed of Presidential election years, we con- blame for that fact as well. Let me re- many of the Democratic talking points tinue to confirm consensus district view the record and set the facts out that we hear here on the floor. judge nominees. Today’s nominee is for all to hear. The suggestion that we are operating such a consensus nominee, and he will When President Obama took office any differently than Democrats did in be the 153rd nominee of this President there were 59 judicial vacancies. I note 2004 and 2008 is simply without merit. confirmed to the district and circuit that at the beginning of 2008 there were Democrats stalled and blocked numer- courts. 43 vacancies. So the practice for Demo- ous highly qualified circuit nominees I continue to hear some of my col- crats who controlled the Senate during during those Presidential election leagues repeatedly ask the question: that last year of President Bush’s term years, including even nominations that What is different about this President was to allow vacancies to increase by had bipartisan support. that he has to be treated differently more than 37 percent. For instance, the fourth circuit pro- than all of these other Presidents? By mid-March 2009, when the first vides a prime example of the tactics That is a question we often hear. Obama judicial nomination was sent to employed by the majority party. I will not speculate as to any infer- the Senate, there were 70 judicial va- Democrats refused to process Judge ence that might be intended by that cancies. Over the next 3 months, de- Robert Conrad, even though he had al- question, but I can tell my colleagues spite the rise in vacancies, only 5 more ready been confirmed unanimously as a this President is not being treated dif- circuit nominations were sent to this U.S. attorney and district court judge. ferently than previous Presidents. By body. By the end of June, when the Democrats refused to process Judge any objective measure, this President Senate received its first district nomi- Glen Conrad even though he had strong has been treated fairly and consist- nation, there were 80 vacancies. The bipartisan home-State support. Steve ently with past Senate practices. failure or delay in submitting nomina- Matthews also had strong home-State For example, with regard to the num- tions for vacancies has been the prac- support. Yet the Democrats in com- ber of confirmations, let me put that in tice of this administration. Yet some- mittee refused to even give him a vote. perspective for my colleagues with an how people want to blame the Senate, The Democrats even tried to justify apples-to-apples comparison. As I men- and particularly Republicans in the blocking the nomination of U.S. attor- tioned, we have confirmed 152 district Senate, for not moving swiftly enough. ney Rod Rosenstein to the fourth cir- and circuit court nominees of this By the end of 2009 there were 100 va- cuit by claiming he was doing ‘‘too President. We have also confirmed two cancies, with only 20 nominees. In De- good of a job’’—that is their words—as Supreme Court nominations during cember 2010, more than half of the 108 U.S. attorney to be promoted. President Obama’s first term. Every- vacancies had no nomination. At the By refusing to give these nominees a one understands that Supreme Court beginning of this year, only 36 nomi- vote in committee, the Democrats en- nominations take a great deal of com- nees were pending for the 82 vacancies. gaged in what we would refer to as a mittee time. When the Supreme Court At present, still more than half of the ‘‘pocket filibuster’’ of all four of these nominations are pending in the com- 78 vacancies have no nominee. candidates to the fourth circuit. This mittee, all other nomination work is I remind my colleagues once again was at a time when the fourth circuit’s put on hold. that all of this process starts not here vacancy rate was over 25 percent. The last time the Senate confirmed in the U.S. Senate but in the White The bottom line is that the Demo- two Supreme Court nominees was dur- House, at the other end of Pennsyl- cratic leadership has invoked the Thur- ing President Bush’s second term. Dur- vania Avenue. So when one wants to mond rule repeatedly to justify stalling ing that term, the Senate confirmed a complain about judicial vacancies, nominees—even those with bipartisan total of only 119 district and circuit start first by looking there, and then support. And now they do not want us court nominees. With Mr. McNulty’s to the Democrats who have controlled to enforce the rule they helped estab- confirmation today, we will have con- the Senate during this period. lish. firmed 34 more district and circuit Because of those delays in nomina- But as I have pointed out, this Presi- court nominees for President Obama tions and decisions made by the Senate dent is not being treated differently. In than we did for President Bush in simi- Democratic leadership, only 13 judges many respects, he is being treated bet- lar circumstances. were confirmed during President ter. We have even been more fair. And During the last Presidential election Obama’s first year. That was the we cannot have two different sets of in 2008, the Senate confirmed a total of choice of Democrats, who controlled rules around here. I suppose we could 28 judges—24 district and 4 circuit. the White House and the Senate, not have, but we should not have. Today we will exceed the number of because of anything the Republican mi- I will now speak to the biographical district court judges confirmed. We nority could do. Yet Democrats now information of our nominee, Mr. have already confirmed circuit nomi- argue that President Obama is some- McNulty. Again, I want to make it nees, and this will be the 26th district how behind in confirmations, and based very clear I support this nomination judge confirmed this year. Those who upon that flawed logic there is some and obviously congratulate him on say this President is being treated dif- perceived notion that he is entitled to confirmation, which I anticipate will ferently either fail to recognize history ‘‘catch up’’ on nominations. happen with broad support in a few or want to ignore the facts. The fact is we have confirmed over 78 minutes. Another statistic that is often mis- percent of President Obama’s district Mr. McNulty received his BA from used to allege a campaign of Repub- nominees. At this point in his Presi- Yale University in 1976 and his JD from lican obstructionism is the number of dency 75 percent of President Bush’s New York University School of Law in days to confirmation. My colleagues on nominees had been confirmed. Presi- 1983. Upon graduation, Mr. McNulty the other side want to focus on one dent Obama is running ahead of Presi- served as a law clerk to Judge Fred- particular phase of the confirmation dent Bush on district confirmations as erick B. Lacey, U.S. district judge for process—the time from being reported a percentage. It is not the fault of the the District of New Jersey. After his out of committee to actual confirma- Republicans that this President has clerkship, Mr. McNulty began his legal tion on the Senate floor. They ignore fewer nominations. How many times do career as a litigation associate at Paul, the timeline for the rest of that proc- I have to say it? The Senate can only Weiss, Rifkind, Wharton & Garrison. ess. act on what comes up here from the From 1984 through 1987, he worked at The fact is for both Presidents the White House. the firm handling civil litigation and average time from nomination to con- Finally, let me respond to some criti- white-collar criminal defense in both firmation is roughly equivalent: 211 cisms I have heard or read lately about State and Federal court.

VerDate Mar 15 2010 04:24 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.038 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5006 CONGRESSIONAL RECORD — SENATE July 16, 2012 From 1987 to 1998, he was a Federal tiple times and have gained a great ap- A district judge must possess exem- prosecutor in the U.S. Attorney’s Of- preciation for his outstanding reputa- plary analytical skills, a strong work fice for the District of New Jersey. tion in the legal community in New ethic, and an extraordinary knowledge From 1987 to 1991, he was a member of Jersey. of the law. I am proud to say Mr. the Criminal Division, where he pros- Mr. McNulty leads the appellate McNulty has demonstrated these quali- ecuted a variety of firearms, narcotics, practice group at an outstanding law ties on countless occasions. fraud and immigration offenses. In firm based in Newark. The law firm is He has been the chair of the appeals 1990, he was selected to head the Orga- called the Gibbons law firm. He has ar- group in the prestigious law firm of nized Crime and Drug Enforcement gued criminal, commercial, intellec- Gibbons. At Gibbons, he has been di- Task Force, which handled the largest tual property, and pharmaceutical rectly involved in approximately 100 cases in the Criminal Division, includ- matters, displaying his prowess as a appeals related to a wide variety of ing RICO prosecutions. From 1991 to litigator. legal issues, including pharmaceutical, 1992, he prosecuted large white-collar He is a respected leader with solid intellectual property, commercial, and fraud cases in the Frauds Division. In judgment. He worked as a prosecutor criminal matters. 1992, he was appointed deputy chief of and was known for being hard working He has tirelessly fought for his cli- the Criminal Division. In 1995, he was and fair. For more than a decade, he ents’ interests. His hard work and dedi- named chief of appeals. In that posi- prosecuted criminal cases as an assist- cation, as you heard Senator LAUTEN- tion, he briefed and argued criminal ant U.S. attorney in New Jersey. He BERG describe, earned him the New Jer- appeals to the U.S. Court of Appeals for served as the deputy chief of the crimi- sey Law Journal’s Lawyer of the Year the Third Circuit, supervised other at- nal division and earned a well-deserved Award for 2008. torneys in the division, served as ethics promotion to chief of the appeals divi- Before his distinguished time at Gib- officer, and acted as general legal ad- sion. During his tenure with the U.S. bons, he served as the chief of the ap- viser to the office and U.S. Attorney. Attorney’s Office, he served with a peals division of the U.S. Attorney’s In 1998, he joined Gibbons P.C., where number of U.S. attorneys, including a Office, where he was also the lead at- he presently is a director and chairs current Supreme Court Justice, Sam- torney for the Organized Crime & Drug the firm’s appellate practice. He is also uel Alito. Enforcement Task Force, as well as the a member of the Business & Commer- Mr. McNulty’s academic credentials ethics officer and grand jury coordi- cial Litigation department. His time are as impressive as his professional nator. While at the U.S. Attorney’s Of- there is equally divided between ap- record. After a successful under- fice, he was honored with the Federal peals and trial work. The majority of graduate career at Yale University, he Law Enforcement Officers Association his clients are corporations. He handles excelled at New York University’s Award. He began his professional career as a litigation between commercial enti- School of Law, where he was a member law clerk for the Honorable Frederick ties, typically including anti-trust, se- of the Law Review. Lacey, U.S. District Judge for the Dis- curities, patent, and contract disputes, A few years ago, in 2008, the New Jer- while also encompassing constitutional trict of New Jersey. sey Law Journal honored him as their He graduated cum laude and was and other claims. Lawyer of the Year. I am confident, if The ABA Standing Committee on the third in his class at the New York Uni- confirmed, his work as a judge will versity School of Law. His academic Federal Judiciary unanimously rated earn him similar praise. Mr. McNulty as ‘‘Well Qualified.’’ achievement also earned him member- This fine nominee is, thank goodness, ship in the New York University Law I support the nomination and con- finally getting the vote he deserves. He gratulate Mr. McNulty on his con- Review, where he served as articles edi- is going to be great on the bench. He is tor, and membership in the honors so- firmation today. eminently qualified and will make an I yield the floor. ciety Order of the Coif. The PRESIDING OFFICER. The Sen- exceptional judge. While at New York University School ator from New Jersey. In Newark, a Federal courthouse car- of Law, he was awarded the American Mr. LAUTENBERG. Mr. President, ries my name. When it was dedicated, I Judicial Society Prize, the Pomeroy this is a privilege and an opportunity requested an inscription that I au- Prize, and the Moot Court Advocacy for me to affirm my support for the thored and believe in so deeply be Award. It shows the breadth and scope confirmation of Kevin McNulty to be a placed on the wall. It reads: ‘‘The true of his intellectual ability. U.S. district judge for the District of measure of a democracy is its dispensa- Outside of his professional career, he New Jersey. tion of justice.’’ I firmly believe that has demonstrated an admirable com- The parties who come before a dis- there is where we see the equalizer of mitment to public service. He is a trict court deserve to know that they citizenship in this country. As this member of the board of trustees of the appear before only the most qualified quote demonstrates, our country’s core Urban League of Essex County. He is a and impartial judges. That is why the is a belief in equal and just representa- former member of the Third Circuit Constitution gives the Senate a solemn tion before the law. Our system thrives Lawyers’ Advisory Committee. He is duty to provide the President with ad- because of fair and evenhanded judges. coauthor of the Pennsylvania Bar In- vice and consent on judicial nomina- They are the stewards of our democ- stitute Guide to Third Circuit Practice. tions. racy, and I know Mr. McNulty will ap- He has written and spoken on a whole I take this duty very seriously. proach this position with thoroughness host of legal topics. He is also an active Today it is my pleasure to come to the and honor. So I look forward to hearing member of the New Jersey, Federal, floor to confirm my support for Mr. my colleagues vote to confirm Kevin and American Bar Associations. Kevin McNulty for a judgeship on the McNulty to the U.S. District Court for Throughout his career, Kevin McNul- U.S. District Court for the District of the District of New Jersey, with the ty has demonstrated a strong analyt- New Jersey. knowledge that we will be sending an ical ability, rapid research skills, and Kevin McNulty has had an excep- outstanding judge to the Federal an outstanding work ethic, and I be- tional career and has dedicated himself bench, as we so often have in this lieve he is well equipped to serve with to the rule of law and public service. Chamber. distinction as a district judge for the That is why I was so proud to have rec- With that, I yield the floor. District of New Jersey. ommended him to President Obama. The PRESIDING OFFICER. The Sen- In sum, the breadth and scope of Mr. I first learned about Mr. McNulty’s ator from New Jersey. McNulty’s experience and qualifica- sterling credentials in 2009, when one of Mr. MENENDEZ. Mr. President, I tions make him exceptionally well New Jersey’s most respected jurists, rise to speak today in support of Kevin qualified for the position of U.S. dis- former chief judge of the U.S. Court of McNulty, a distinguished New Jerseyan trict judge. Appeals for the Third Circuit John Gib- and an outstanding candidate for the Finally, I want to take the oppor- bons recommended him for a position District Court of New Jersey, and I cer- tunity to say I am hopeful that our col- on the district court bench. tainly urge my colleagues to vote af- leagues will agree to move forward on In the years since, I have had the op- firmatively on his confirmation in a two other New Jersey nominations: Mi- portunity to meet Mr. McNulty mul- few minutes. chael Shipp, who has been nominated

VerDate Mar 15 2010 03:11 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.040 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5007 to the third district, and Patty [Rollcall Vote No. 178 Ex.] drowns out the $5 to $10 to $20 donation Shwartz, who is nominated to the third YEAS—91 that represents real people with real circuit. Akaka Feinstein Merkley concerns. The DISCLOSE Act would Michael Shipp is a highly respected Alexander Franken Mikulski make CEOs do what political can- magistrate judge in New Jersey who Ayotte Gillibrand Moran didates do—what we all do—when we Barrasso Graham has an abiding commitment to the rule Murray pay for political advertising: face the Baucus Grassley Nelson (NE) of law, a deep knowledge of both crimi- Begich Hagan Nelson (FL) camera and tell the voters we spon- nal and civil law, and a long commit- Bennet Harkin Portman sored a commercial. Whether we are ment to public service. Patty Shwartz Bingaman Hatch Pryor Blumenthal Hoeven Democrat or Republican, surely, we Reed is also a well-respected magistrate Blunt Hutchison wouldn’t want to see our political sys- Reid judge who has handled over 4,000 civil Boozman Inhofe Risch tem, our democratic system, become and criminal cases. Both of these Boxer Inouye the puppet of a few large corporations Brown (MA) Isakson Roberts judges deserve immediate consider- Brown (OH) Johanns Rockefeller with whatever interest they have—oil ation. Their qualifications will make Burr Johnson (SD) Rubio or big insurance or drug companies or them an exceptional addition to the Cantwell Johnson (WI) Sanders companies that outsource jobs as their Federal bench in New Jersey, and cer- Cardin Kerry Sessions Carper Klobuchar Shaheen specialty. tainly I offer my strong support to Casey Kohl Shelby I yield the floor. both of them as we move forward in Chambliss Kyl Snowe The PRESIDING OFFICER (Mrs. this process. Coats Landrieu Stabenow HAGAN). The Senator from New York. Coburn Lautenberg I hope after tonight’s vote—where we Thune Mr. SCHUMER. Madam President, Cochran Leahy Toomey expect this extraordinary candidate to Collins Levin Udall (CO) the most astounding fact that has be confirmed—we will get the oppor- Conrad Lieberman Udall (NM) emerged since the Citizens United deci- tunity to do so also for Judge Shipp Coons Lugar Vitter Corker sion is that just 17 people have given Manchin Warner and Judge Shwartz. Cornyn McCain over half the money to the Republican Webb With that, Mr. President, I yield the Crapo McCaskill Whitehouse super PAC. There is very little disclo- floor. Durbin McConnell sure, and there are huge amounts of Enzi Menendez Wyden The PRESIDING OFFICER. The Sen- money cascading in from a small few. ator from Oklahoma. NAYS—3 My colleagues, whether one is a Dem- LAW OF THE SEA TREATY DeMint Lee Paul ocrat or a Republican, we have to Mr. INHOFE. Mr. President, I rise for ANSWERED ‘‘PRESENT’’—1 admit this is corrosive to our democ- an announcement. At the conclusion of Schumer racy. This gets further away from the these votes, I will be making what I idea that each of us has an equal say think is a fairly significant announce- NOT VOTING—5 than anything that has been done in ment in terms of 35 Members of this Heller Murkowski Wicker the last 100 years. body who have stated they will oppose Kirk Tester I hope my colleagues will join us in the Law of the Sea Treaty, which, of The nomination was confirmed. this modest measure, which doesn’t course, means it would not be able to The PRESIDING OFFICER. Under even limit how much people can give be passed this session. So I will be the previous order, the motion to re- but simply says they have to disclose; doing that immediately following the consider is considered made and laid they have to tell they are giving. When votes that take place momentarily. upon the table. ads are disclosed, they are less vicious I suggest the absence of a quorum. The President will be immediately and there is some semblance of truth The PRESIDING OFFICER. The notified of the Senate’s action. that has to float around them. clerk will call the roll. f I urge my colleagues, for the good of The assistant bill clerk proceeded to LEGISLATIVE SESSION this country, the sake of our future, to call the roll. support this modest, truly modest, Mr. ALEXANDER. Mr. President, I The PRESIDING OFFICER. The Sen- piece of legislation. ask unanimous consent that the order ate will resume legislative session. The PRESIDING OFFICER. The Sen- for the quorum call be rescinded. f ator from Oregon. The PRESIDING OFFICER. Without Mr. MERKLEY. Madam President, objection, it is so ordered. DISCLOSE ACT OF 2012—MOTION TO The question is, Will the Senate ad- PROCEED—Continued perhaps the most important three vise and consent to the nomination of words in our constitution are ‘‘We the The PRESIDING OFFICER. Under people.’’ But the whole notion of ‘‘We Kevin McNulty, of New Jersey, to be the previous order, there will be 10 U.S. District Judge for the District of the people’’ is threatened by oceans of minutes of debate equally divided and dark secret cash, oceans of cash used as New Jersey? controlled between the two leaders or Mr. ALEXANDER. Mr. President, I a threat on the front end and as an their designees. election hammer on the back end. It is ask for the yeas and nays. The Senator from Florida. The PRESIDING OFFICER. Is there a simply destructive to our democracy. Mr. NELSON of Florida. Mr. Presi- Tonight is the night for some profiles sufficient second? dent, we are going to divide this among There is a sufficient second. in courage to stand for the American The clerk will call the roll. five Senators so I will just take a few system, for democracy, and for the peo- The assistant bill clerk called the seconds to say corporations are having ple. roll. a field day because they can put all The PRESIDING OFFICER. The Sen- Mr. SCHUMER (when his name was this money in to influence the political ator from Rhode Island. called). ‘‘Present.’’ system while at the same time being Mr. WHITEHOUSE. Madam Presi- Mr. DURBIN. I announce that the anonymous. They do not have to dis- dent, in 1822, the Founding Father Senator from Montana (Mr. TESTER) is close what every other donor has to James Madison wrote: disclose when they make a political necessarily absent. A popular government without popular in- Mr. KYL. The following Senators are contribution. formation or the means of acquiring it is but necessarily absent: the Senator from Are they interested in my State, in a prologue to a farce or a tragedy or perhaps Nevada (Mr. HELLER), the Senator from the quality of the representation of my both. Knowledge will forever govern igno- Illinois (Mr. KIRK), the Senator from State? I think they are interested in rance, and a people who mean to be their Alaska (Ms. MURKOWSKI), and the Sen- their own agenda and buying elections. own governors must arm themselves with ator from Mississippi (Mr. WICKER). Mr. President, I yield the floor. the power knowledge gives. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The Sen- A vote for DISCLOSE is a vote to any other Senators in the Chamber de- ator from Ohio. arm the people with the power that siring to vote? Mr. BROWN of Ohio. Mr. President, knowledge gives, to arm them with the The result was announced—yeas 91, it is not a shareholder democracy when popular information about elections— nays 3, as follows: a $10 million corporate buy effectively information necessary to prevent this

VerDate Mar 15 2010 04:24 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.042 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5008 CONGRESSIONAL RECORD — SENATE July 16, 2012 great popular government of ours from The clerk will call the roll. attend to some of the problem areas we becoming a special interest farce, in- The bill clerk called the roll. are trying to attend to, such as the De- formation necessary to protect this de- Mr. DURBIN. I announce that the fense authorization bill, sequestration, mocracy from the tragedy, as JOHN Senator from Louisiana (Ms. LAN- expiring tax cuts, and all the spending MCCAIN predicted, of scandal that will DRIEU) is necessarily absent. bills. The announcement I would make result. Mr. KYL. The following Senators are is that we now have a letter containing Give the American people the infor- necessarily absent: the Senator from 34 signatures of those who say: If you mation they need to be their own gov- Nevada (Mr. HELLER), the Senator from bring up the ratification of the Law of ernors. Vote for DISCLOSE. Illinois (Mr. KIRK), the Senator from the Sea Treaty this year, we would op- I yield back the remainder of our Arkansas (Mrs. MURKOWSKI), and the pose it. So we actually have 35 such time. Senator from Mississippi (Mr. WICKER). signatures. The PRESIDING OFFICER. The Re- The PRESIDING OFFICER. Are there I want to make a couple of com- publican leader. any other Senators in the Chamber de- ments. I was going to talk for a little Mr. MCCONNELL. Madam President, siring to vote? longer, but I know there are a lot of for 40 straight months we have had un- The yeas and nays resulted—yeas 51, Senators wanting to get the floor. So I employment above 8 percent and a debt nays 44, as follows: will try to do this in a shorter period of the size of our economy. Yet our [Rollcall Vote No. 179 Leg.] time. First of all, I have been involved in friends in the majority want to get us YEAS—51 this treaty for a long period of time. to pass a bill that everybody from the Akaka Gillibrand Murray ACLU to the NRA is opposed to, a bill Baucus Hagan Nelson (NE) Way back during the Reagan adminis- designed to give the government the Begich Harkin Nelson (FL) tration this treaty that was actually information to intimidate people who Bennet Inouye Pryor first negotiated back in the 1970s was Bingaman Johnson (SD) Reed defeated for a variety of reasons. A lot have the courage to stand up to the Blumenthal Kerry Rockefeller government and argue against what it Boxer Klobuchar Sanders of people are saying the reasons is doing. Brown (OH) Kohl Schumer Reagan opposed it at that time have Cantwell Lautenberg Shaheen Not only should we not be doing this been answered. That is just flat not Cardin Leahy Stabenow true. Ambassador James Malone, who in good times but to waste the Senate’s Carper Levin Tester renegotiated the lost treaty during the time on a proposal totally without Casey Lieberman Udall (CO) Conrad Manchin Udall (NM) Reagan administration, stated: merit at a time when our economy is in Coons McCaskill Warner the tank is the ultimate waste of the All the provisions from the past that make Durbin Menendez Webb such a [new world order] outcome possible, Senate’s time. I strongly urge a ‘‘no’’ Feinstein Merkley Whitehouse Franken Mikulski Wyden indeed likely, still stand. It is not true, as vote. argued by some, and frequently mentioned, I yield back the remaining time. NAYS—44 that the U.S. rejected the Convention in 1982 The PRESIDING OFFICER. The ma- Alexander DeMint McConnell solely because of technical difficulties with jority leader. Ayotte Enzi Moran part XI. Mr. REID. Madam President, I wish Barrasso Graham Paul That is the seabed mining portion of Blunt Grassley Portman it. to use leader time to say we know the Boozman Hatch Reid Republicans don’t like disclosure. We Brown (MA) Hoeven Risch The Collectivist and redistributionist pro- can tell that from the person they are Burr Hutchison Roberts visions of the treaty were at the core. . . . Chambliss Inhofe Rubio going to nominate for the President of Coats Isakson They are still in there today. Sessions the United States. Coburn Johanns I think it is important to recall what Shelby Cochran Johnson (WI) happened in 2004. In 2004, when Repub- The PRESIDING OFFICER. Pursuant Snowe to rule XXII, the clerk will report the Collins Kyl licans were the majority, I chaired the Corker Lee Thune motion to invoke cloture. Cornyn Lugar Toomey Committee on Environment and Public The assistant bill clerk read as fol- Crapo McCain Vitter Works and was also one of the senior members of the Senate Armed Services lows: NOT VOTING—5 CLOTURE MOTION Committee. At that time the Law of Heller Landrieu Wicker the Sea Treaty passed the Senate For- We, the undersigned Senators, in accord- Kirk Murkowski ance with the provisions of rule XXII of the eign Relations Committee without—I The PRESIDING OFFICER. On this believe it was without a dissenting Standing Rules of the Senate, hereby move vote the yeas are 51, the nays are 44. to bring to a close debate on the motion to vote. I think it was 16 to 0. So we start- proceed to calendar No. 446, S. 3369, a bill to Three-fifths of the Senators duly cho- ed having hearings before the two com- amend the Federal Election Campaign Act of sen and sworn not having voted in the mittees that were my committees, the 1971 to provide for additional disclosure re- affirmative, the motion is rejected. Environment and Public Works Com- quirements for corporations, labor organiza- The majority leader. mittee, talking about how this would tions, Super PACs and other entities, and for Mr. REID. Madam President, I enter subject us to other countries imposing other purposes. a motion to reconsider the vote by Harry Reid, Sheldon Whitehouse, Jack their will on us, as well as ramifica- which cloture was not invoked. tions that would affect the Senate Reed, Joseph I. Lieberman, Jon Tester, The PRESIDING OFFICER. The mo- Mark L. Pryor, Benjamin L. Cardin, Armed Services Committee. As a re- Christopher A. Coons, Jeanne Shaheen, tion is entered. sult, of course, we recall it was de- Daniel K. Akaka, Herb Kohl, Charles E. The Senator from Rhode Island. feated. Schumer, Mark Begich, Tim Johnson, Mr. WHITEHOUSE. Madam Presi- We have this happening again. I do Robert Menendez, Frank R. Lauten- dent, I ask unanimous consent that appreciate Senator KERRY and his ef- berg, Mark Udall, Sherrod Brown. Senator INHOFE be recognized for 15 forts to get this through. We have had The PRESIDING OFFICER. By unan- minutes for his remarks regarding the several hearings. They have been pret- imous consent, the mandatory quorum Law of the Sea, that Senator SHAHEEN ty lopsided. I believe the count today is call has been waived. and Senator KLOBUCHAR then be recog- there have been 16 witnesses sup- The question is, Is it the sense of the nized, and then for the duration of to- porting it and some 4 witnesses oppos- Senate that debate on the motion to day’s session Senators be able to speak ing it. That is not really important be- proceed to S. 3369, a bill to amend the for up to 10 minutes each. cause I think it is worth mentioning a Federal Election Campaign Act of 1971 The PRESIDING OFFICER. Without couple of things about it but then actu- to provide for additional disclosure re- objection, it is so ordered. ally going into the detail as to why, if quirements of corporations, labor orga- The Senator from Oklahoma. it is brought up, it could not be ratified nizations, super PACs and other enti- LAW OF THE SEA TREATY during this year or during a lameduck ties and for other purposes, shall be Mr. INHOFE. Madam President, I am session. brought to a close? about to make a major announcement First of all, when I talk to someone The yeas and nays are mandatory that I think is very significant and, about the problems with this I tell under the rule. hopefully, would give us more time to them this would cede authority to the

VerDate Mar 15 2010 05:41 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.044 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5009 United Nations over 70 percent of the For each trillion that would be in tion of the Kyoto Protocol ‘‘makes the surface of the Earth, along with the air production, that would equal about $70 United States the most logical first above it. I remember one time a wit- billion that would be taken out of the country target of a global warming ness came—this was back during the U.S. Treasury and put into the United lawsuit in international forum.’’ Bush administration which was sup- Nations, sent to the Seabed Authority I commend to the attention of my porting the treaty, but I asked the in Kingston, Jamaica, to be redistrib- colleagues the various legal entities question, I said: If you have 70 percent uted around the world in accordance that are rejoicing about the fact that of the surface area, does that mean you with whatever criteria they would they might be able to sue this country. also have 70 percent of the air above it? have. That is a huge amount, and it is I ask unanimous consent to have They could not answer that question. very significant, and it is specific that printed in the RECORD a letter signed Now I think it is pretty well under- the figure would be up to 7 percent by 31 Members of the Senate stating stood that would be the case. after the 12th year. That is a very sig- that they will object to and vote I tell people three things: First of all, nificant amount. against any ratification effort that we would be submitting our sov- When we stop and think about it, we would take place this year. It doesn’t ereignty, surrendering it to the United have been talking about how we can restrict it to this year. There are 31 Nations, over 70 percent. That really is come up with $1 trillion in the next 10 Members. enough. But when we talk about the years. Now all of a sudden we have an There being no objection, the mate- fact that for the first time in the his- amount that could come close to equal- rial was ordered to be printed in the tory of this country it authorized the ing that just from losing our royalties RECORD, as follows: United Nations to have taxing author- that would otherwise come to the Hon. HARRY REID, ity over the United States of America, United States of America. Of course, Majority Leader, U.S. Senate, people go ballistic. That is something there is the lawsuits. I think this is Washington, DC. that is not conceivable we would even significant. Under the Law of the Sea DEAR MR. LEADER, We understand that Chairman Kerry has renewed his efforts to be considering. Treaty, any country could sue the pursue Senate ratification of the United Na- Then when we are talking about the United States in an international tri- tions Convention on the Law of the Sea. We lawsuits, how we have lawsuits we bunal and not in the U.S. courts. are writing to let you know that we believe could be facing—let me be a little more In other words, we could be subjected this Convention reflects political, economic, specific. to lawsuits from other countries. There and ideological assumptions which are in- The area that is in controversy in are already a number of Pacific Island consistent with American values and sov- terms of its ability to tax or otherwise nations that intend to sue the United ereignty. get royalties from the United States, States for environmental damage to By its current terms, the Law of the Sea Convention encompasses economic and tech- would otherwise go to the United their seas and air if the United States nology interests in the deep sea, redistribu- States and put those into the United joins the Law of the Sea Treaty. In tion of wealth from developed to undevel- Nations, is an area called the Extended other words, we would be voluntarily oped nations, freedom of navigation in the Continental Shelf. That would be in ex- allowing people to sue the United deep sea and exclusive economic zones which cess of 200 nautical miles offshore. States on what they would allege to be may impact maritime security, and environ- Nothing within this treaty is going to environmental damages. mental regulation over virtually all sources affect this within the 200 miles, but The members of the convention and of pollution. outside it would be. regulations to prevent pollution in To effect the treaty’s broad regime of gov- ernance, we are particularly concerned that As it is right now, it is important to maritime is very specific. Article 212 of United States sovereignty could be sub- understand how the royalties are paid the Law of the Sea Treaty states to jugated in many areas to a supranational at the present time. The royalties the ‘‘adopt laws and regulations to pre- government that is chartered by the United United States usually collects from the vent, reduce, and control pollution of Nations under the 1982 Convention. Further, Extended Continental Shelf is an the marine environment from or we are troubled that compulsory dispute res- amount between 12.5 percent and 18.75 through the atmosphere, applicable to olution could pertain to public and private percent. The reason there is a disparity the air space under their sov- activities including law enforcement, mari- between those is because the royalties ereignty’’—we are talking about the time security, business operations, and non- military activities performed aboard mili- go along with how much money can be United Nations—‘‘and to vessels flying tary vessels. made out there if things go well and their flag or vessels or aircraft of their If this treaty comes to the floor, we will how deep it is, how far out it is, how registry, taking into account inter- oppose its ratification. expensive it is to drill, and all of that. nationally agreed rules, standards and Sincerely yours, So the range the United States cur- recommended practices.’’ Mitch McConnell, Jon Kyl, Jim Inhofe, rently collects is between 12.5 percent If the EPA—as we found out in their Roy Blunt, Pat Roberts, David Vitter, and 18.75 percent from the Extended endangerment finding—is able to de- Ron Johnson, John Cornyn, Jim Continental Shelf. clare an endangerment, just imagine DeMint, Tom Coburn, Mike Johanns, John Boozman. Under article 82, if we pass the Law what they could do under this case. In Rand Paul, Jim Risch, Mike Lee, Jeff of the Sea Treaty, at the end of the fact, article 235 states that countries Sessions, Mike Crapo, Orrin Hatch, 12th year, 7 percent of the royalties ‘‘are responsible for the fulfillment of John Barrasso, Richard Shelby, Pat would be taken away from the United their international obligations con- Toomey, John Thune, Richard Burr, States—that is roughly half the royal- cerning the protection and preserva- Saxby Chambliss. ties we would have—and given to the tion of the marine environment. They Dan Coats, John Hoeven, Roger Wicker, International Seabed Authority to re- shall be liable in accordance with Jerry Moran, Marco Rubio, Dean Hell- distribute those in accordance with international law.’’ er, Chuck Grassley. whatever they want to do. It is not spe- That is why we have so many of the Mr. INHOFE. I also ask unanimous cific. This all would take place in King- far-left environmental groups, such as consent to have printed in the RECORD ston, Jamaica, of all places, where they Greenpeace, the Natural Resources De- a separate letter that is signed by Sen- would make this redistribution of fense Council, the Environmental De- ators PORTMAN and AYOTTE stating es- wealth. I have often said that is some- fense Fund, and all of them fervently sentially the same thing. thing the United Nations has always supporting this treaty because they There being no objection, the mate- desired; that is, to have the ability to want to use it admittedly to bring the rial was ordered to be printed in the redistribute the wealth. United States and all other countries RECORD, as follows: It is hard to say what amount would into conformity with their environ- U.S. SENATE, fall into the royalties within the Ex- mental agenda. Washington, DC, July 16, 2012. tended Continental Shelf. There is a I am going to submit this for the Hon. HARRY REID, Majority Leader, U.S. Senate, group that was appointed to try to ap- RECORD. It is interesting because we Washington, DC. proximate these things, and they have have, for example, Andrew Strauss, DEAR MR. LEADER: Recently, there has said it would be in the hundreds of bil- who is a law professor and is very well been renewed interest in the United Nations lions or maybe even in the trillions. known, who states that the U.S. rejec- Convention on the Law of the Sea, a treaty

VerDate Mar 15 2010 05:10 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.046 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5010 CONGRESSIONAL RECORD — SENATE July 16, 2012 completed in 1982 and modified in 1994. After treaty appears to ‘‘incorporate international rather who will have the final say on the careful consideration, we have concluded judgments into domestic law’’ because it ex- scope of those rights. We simply are not per- that on balance this treaty is not in the na- pressly provides that decisions of the tri- suaded that decisions by the International tional interest of the United States. As a re- bunal ‘‘ ‘shall be enforceable in the terri- Seabed Authority and international tribu- sult, we would oppose the treaty if it were tories of the States Parties in the same man- nals empowered by this treaty will be more called up for a vote. ner as judgments or orders of the highest favorable to U.S. interests than bilateral ne- Proponents of the Law of the Sea treaty court of the State Party in whose territory gotiations, voluntary arbitration, and other aspire to admirable goals, including codi- the enforcement is sought.’ ’’ In other words, traditional means of resolving maritime fying the U.S. Navy’s navigational rights the treaty equates tribunal decisions with issues. No international organization owns and defining American economic interests in decisions of the U.S. Supreme Court. This the seas, and we are confident that our na- valuable offshore resources. But the treaty’s means that private litigants will likely be tion will continue to protect its navigational terms reach well beyond those good inten- able to invoke tribunal judgments as en- freedom, valid territorial claims, and other tions. This agreement is striking in both the forceable in U.S. courts—against the govern- maritime rights. breadth of activities it regulates and the am- ment and possibly against U.S. businesses. On balance, we believe the treaty’s litiga- biguity of obligations it creates. Its 320 arti- The United States will have no lawful choice tion exposure and impositions on U.S. sov- cles and over 200 pages establish a complex but to acquiesce to tribunal judgments, how- ereignty outweigh its potential benefits. For regulatory regime that applies to virtually ever burdensome or unfair. that reason, we cannot support the Law of The treaty could also spawn international any commercial or governmental activity re- the Sea treaty and would oppose its ratifica- environmental tort claims directly against lated to the oceans—from seaborne shipping, tion. U.S. businesses and citizens. A federal law to drug and weapon interdiction, to oper- Sincerely, called the Alien Tort Statute (ATS) gives ating a manufacturing plant near a coastal OB PORTMAN, courts the power to hear ‘‘any civil action by R waterway. Ranking Member, Sub- The terms of the treaty are not only ex- an alien for a tort . . . committed in viola- committee on Emerg- pansive, but often ill-defined. Article 194, for tion of the law of nations or a treaty of the ing Threats and Ca- example, broadly requires nations to ‘‘take United States.’’ Remarkably, even though pabilities, Committee . . . all measures consistent with this Con- the U.S. has not yet ratified the Law of the on Armed Services. vention that are necessary to prevent, re- Sea treaty, the treaty has already been in- KELLY AYOTTE, duce and control pollution of the marine en- voked as a basis for ATS litigation targeting Ranking Member, Sub- vironment from any source, using for this industrial activities. In a 2002 lawsuit committee on Readi- purpose the best practicable means at their brought by residents of Papua New Guinea ness and Manage- disposal and in accordance with their capa- against a mining corporation, a federal dis- ment Support, Com- bilities.’’ Article 207 decrees that ‘‘[s]tates trict court in California held that the plain- mittee on Armed shall adopt laws and regulations to prevent, tiffs had stated a valid ATS claim under the Services. reduce and control pollution of the marine environmental provisions of the Law of the environment from land-based sources . . . Sea treaty. A panel of the Ninth Circuit Mr. INHOFE. I also have a statement taking into account internationally agreed agreed. Accession to the treaty would only from the Web site of Senator ISAKSON, rules.’’ Article 293 empowers tribunals to en- strengthen ATS claims like this 2002 lawsuit and I was given permission to speak on by transforming international environ- force not only the treaty provisions but also behalf of LAMAR ALEXANDER, that while mental norms into a binding treaty obliga- ‘‘other rules of international law not incom- he hasn’t taken a position on the Law patible with [the treaty].’’ Because the trea- tion. ty authorizes international legislative and In short, we are deeply concerned about of the Sea Treaty, he does object to judicial bodies to give shape and substance the treaty’s breadth and ambiguity, the in- having it brought up this year. So we to these and other open-ended commitments, adequate U.S. input in the treaty’s adjudica- have 35 Members of the Senate who the United States would be binding itself to tive bodies, and the automatic enforcement have stated they would object if it is yet-unknown requirements and liabilities. of tribunal judgments in the United States. brought up before the Senate this year. Against these risks to U.S. sovereignty, how- That uncertainty alone is reason for caution. So with these items I referenced in- The treaty’s breadth and ambiguity might ever, we have also carefully weighed the po- tential benefits of the treaty. cluded as a part of the RECORD, I would be less troubling if there were adequate as- like to say that something isn’t going surance that it will be enforced impartially As members of the Armed Services Com- and in a manner consistent with U.S. inter- mittee, we are mindful that the Defense De- to happen this year. It could be they partment believes this treaty would help se- ests. But that is not so. The United States want to bring it up, and that is up to cure the navigational freedom of our fleet. could block some but not all actions of the the leader. If he desires to do so, of We take this recommendation seriously and International Seabed Authority, a legisla- course, he could do it. If it does come recognize that the treaty would provide an tive body vested with significant power over additional tool to our diplomatic and mili- up, it will take a lot of time from other more than half of the earth’s surface. Fur- tary leaders in resolving maritime disputes. business that this body should address. ther, the treaty’s judicial bodies are empow- We also understand the commercial interests With that, I would only say there are ered to issue binding judgments even over associated with treaty accession. Several some 35 Members—and many more I U.S. objections. In some cases, the United U.S. businesses have explained that the trea- States could elect to resolve disputes before might suggest—who would vote against ty would enhance investment in energy de- a five-member arbitration tribunal, in which it should it come up. velopment and mineral extraction by in- I have used my time, and I yield the we would choose two arbitrators. But the creasing certainty about ownership claims. United States would have no hand in select- Specifically, the treaty would codify rights floor. ing the decisive, fifth arbitrator, unless it to resources in the U.S. exclusive economic The PRESIDING OFFICER. The Sen- could agree with the opposing party. Other zone, the extended continental shelf, and the ator from New Hampshire. cases would be decided by the powerful Inter- deep seabed. It would also give the United Mrs. SHAHEEN. I am here to be on national Tribunal, which is even less ac- States a formal role in the Commission on the Senate floor to join my colleagues countable to the United States. Comprised of the Limits of the Continental Shelf, which is 21 foreign judges with no guaranteed U.S. in support of the DISCLOSE Act. We now reviewing claims by treaty members in need to bring some transparency to the seat, the tribunal can resolve any dispute the Arctic. concerning interpretation of the treaty. It At the same time, even treaty proponents secret money that is being spent on has compulsory jurisdiction over disputes recognize that these provisions primarily campaigns across this country. concerning the seabed beyond national bor- clarify rights that the United States already I ask unanimous consent for the fol- ders and power to grant preliminary injunc- possesses under customary international law lowing speakers to speak in the order tive relief whenever it deems necessary ‘‘to and has other means of asserting. For exam- that I am listing them: Senator KLO- preserve the respective rights of the parties ple, the treaty’s 200–nautical-mile rule defin- BUCHAR, followed by Senator MENEN- to the dispute or to prevent serious harm to ing coastal states’ exclusive economic zones DEZ, Senator SHERROD BROWN, Senator the marine environment.’’ is consistent with longstanding U.S. claims. The method of executing tribunal judg- Moreover, the United States has successfully LEVIN, and then myself. ments further concerns us. Unlike many used bilateral negotiations with Russia and The PRESIDING OFFICER. Without international agreements, key provisions of Mexico to define claims to the extended con- objection, it is so ordered. the Law of the Sea treaty are drafted to be tinental shelf in the Gulf of Mexico and the Ms. KLOBUCHAR. Madam President, ‘‘self-executing,’’ meaning that certain tri- Arctic. Similarly, the treaty’s navigational I first want to thank the Senator from bunal judgments would automatically con- regimes reflect the current practices of the New Hampshire for his great leadership stitute enforceable federal law, without con- U.S. Navy, and we believe that our maritime on this issue and all the Senators who gressional legislation or meaningful review interests are best secured by maintaining by our nation’s judiciary. As Justice John U.S. naval power beyond challenge. have been involved. I am a cosponsor of Paul Stevens noted in a concurring opinion The real issue is not whether the United the DISCLOSE Act, and I hope my col- in Medellin v. Texas, the Law of the Sea States will defend its maritime rights, but leagues on the other side of the aisle

VerDate Mar 15 2010 05:10 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JY6.005 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5011 will strongly reconsider that vote the airwaves. The act requires that cer- MCCAIN and Feingold championed the today so we can actually go to a vote tain organizations, including corpora- most significant reforms in many and actually debate this bill. This fili- tions, unions, section 527 political years, and this bill is much less dra- buster is basically putting a stop to the groups, and so-called super PACs de- matic than those reforms. debate on an issue that is so impor- clare their campaign spending above a I ask my colleagues to reconsider tant. certain dollar amount. The act will en- their vote. Our democracy literally de- We get calls from people all across sure that Americans can find out the pends on this. We have to know who is Minnesota. Yesterday people asked me sources of funding for advertising they spending money so we can figure out in two parades: What is going on? What seek. Most importantly, they will pre- why they are spending the money so are these ads that we are seeing on TV? vent special interests from hiding be- people will understand the true intent They have a right to know what hind the curtain as they attempt to in- behind these ads. They can’t do it if these groups are called, no matter fluence our elections. they don’t have the information, if what their names are, who is paying By setting the reporting threshold at someone is just pulling a curtain over for those groups, who is paying for $10,000, this carefully crafted act we their heads so they cannot see any- these ads, and that isn’t happening just voted to go ahead with—and, un- thing except the noise on the screen. today. fortunately, is blocked by a filibuster— They need to know what is behind it. I am here to focus on the public’s dis- ensures that small businesses and Thank you, Madam President. I yield trust of our political process and our other organizations will not be unduly the floor. need to ensure that the American peo- burdened and that only significant po- The PRESIDING OFFICER. The Sen- ple have a government that is respon- litical players will have to report their ator from New Jersey. sive to their concerns. Free and fair spending. Mr. MENENDEZ. Madam President, I elections in which every American has I know some people oppose the DIS- am pleased to join my colleagues in a right to make their voice heard at CLOSE Act on what they call first speaking about the DISCLOSE Act and the voting booth are the cornerstone of amendment grounds, but this bill why this is so critically important for our democracy. Yet in the wake of the doesn’t limit free speech in any way. I our democracy. I appreciate the leader- Citizens United decision, a flood of spe- don’t agree with the notion that con- ship of several of our colleagues in this cial interest spending has undermined tribution limits and other restrictions respect. the faith of the people in our elections. on campaign spending are a threat to For the last 2 years our democracy By loosening the rules on campaign free speech. But even if we were to ac- has been hijacked by powerful special spending, Citizens United has led to a cept that argument, this bill does noth- interests. Tonight we had the oppor- torrent of negative ads funded not by ing to impact free speech. It does not tunity to begin repairing the fabric of concerned citizens participating in de- contain any limits on contributions or our Nation’s democracy before perma- mocracy but by unlimited special in- spending or make any changes to our nent damage is done. Unfortunately, terest money. campaign finance system, as much as I Republicans decided not to put our de- I don’t think we thought we would think we need to do that. mocracy back on the right track. see the day with all of the reforms that In fact, I think the best way to do Out there, in this Presidential elec- had been made where one billionaire that is a constitutional amendment. tion season, murky special interests can write a $10 million check or $20 But that is not what we are talking are spending unlimited amounts of cor- million check. Under the system, can- about today. We are talking about a porate money. It is even possible that didates have to report every contribu- simple bill called the DISCLOSE Act, foreign governments can determine it tion that is $200 and over, and we have which will ensure more transparency is in their interests to funnel vast to painstakingly do our reports so the so we know what billionaire is spend- amounts of money to influence Amer- world, our constituents, and reporters ing how much money in each State on ican political elections. Think about a can see them online. We have literally the ads we are seeing on TV. hundreds of millions of dollars that are In reality it is a modest bill in com- country that does currency manipula- being spent where we cannot tell where parison to the size of the problem, but tion, that violates trade agreements, that money came from. That is not it is a first step toward bringing some that steals intellectual property rights. right. sensibleness back to the elections. This Those of us who oppose those types of This type of campaign spending bill simply ensures the public has ac- actions taken by other countries that moves the focus of our elections away cess to information about the funding are against the national economic in- from the real issues facing American behind television ads and other elec- terests of the United States could eas- families but, worse, this unprecedented tion materials. In fact, even the major- ily see that money flow through U.S. involvement of special interests in our ity opinion in Citizens United discussed subsidiaries. That money could ulti- political process has convinced the the constitutionality and important mately end up in campaigns to say: We American people there is something benefits of disclosure. The opinion do not want this Member of Congress, wrong with how we conduct elections— itself in Citizens United said this: who is standing up for the interests of and there is. Americans can see the in- the American middle class and Amer- The first amendment protects political ican businesses against our interests. creased role that special interests and speech; and disclosure permits citizens and even individual billionaires are playing shareholders to react to the speech of cor- We want to be able to continue to ma- in politics, heightening their sus- porate entities in a proper way. This trans- nipulate our currency, to be able to picions that Washington works only for parency enables the electorate to make in- continue to steal intellectual property the powerful. formed decisions and give proper weight to rights, to be able to continue with im- I constantly hear from the people of different speakers and messages. punity to violate trade agreements. my State who justifiably believe the The Supreme Court actually antici- That is possible as the law exists more money outside groups spend—se- pated that Congress—in this decision now. I believe we have a patriotic obli- cret money they are spending on these that I don’t agree with—might put gation to protect our electoral system campaigns—the less their voices are some disclosure rules in place, but from that kind of influence. These heard. We cannot continue to allow today we were blocked from doing that. anonymous secretive interests—mostly faith in our democratic process to be Our campaign finance laws already re- corporate—aren’t spending money be- eroded by the secretive influence of quire that many individual contribu- cause they want to feel like a part of outside money. That is why I am a co- tions, as I noted, be made public. I see the process, they are spending money sponsor of the DISCLOSE Act. no harm in holding outside groups and for a purpose. They have a reason and, The DISCLOSE Act heeds the wisdom outside individuals to the same level of no doubt, a self-interest. One doesn’t of Justice Louis Brandeis that sunlight accountability. spend tens of millions of dollars with- is the best disinfectant and will bring Finally, this should not be a partisan out having a self-interest. Is this what accountability and transparency to the issue. Senators in both parties have our Founding Fathers had in mind? We special interest money that is inun- been leaders on campaign finance re- should know who they are and what is dating our elections and inundating form. As everyone knows, Senators their agenda.

VerDate Mar 15 2010 06:19 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.049 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5012 CONGRESSIONAL RECORD — SENATE July 16, 2012 Since the Supreme Court made its million in donations from oil compa- Again, they will not spend tens of ruling in Citizens United allowing cor- nies over the course of their careers. So millions of dollars to just simply par- porate interests to spend money after the oil companies fought tooth ticipate in the process. If they want to unlimitedly, the money has been more and nail to protect the taxpayer sub- participate in the process, they can dis- than trickling in, the money has been sidies—the $24 billion they get, which close, as does every other citizen. a torrent, a tsunami of unlimited cash. costs us as taxpayers $76 dollars every There is no reason they shouldn’t dis- According to the New York Times, second—do we think they wouldn’t close. If there is a reason why any com- independent groups have spent at least spend millions more in support of what pany is spending money to make a case $118 million since the start of the Pres- they want? Now they can give unlim- for what they believe is good public idential campaign. One super PAC ited amounts of money to super PACs policy, fine. Let them disclose. But to alone has spent over $57 million. without ever disclosing the contribu- vote against disclosure as a simple ele- If my colleagues do not believe me, tions. ment of preserving our democracy is listen to Michael Toner, the former In another example, Alliance Re- beyond my comprehension. Chairman of the Federal Election Com- source Group, a coal company, gave I hope, as the electorate sees these mission, who said: ‘‘I can tell you from over $2.4 million to Karl Rove’s super advertisements without disclosure, personal experience the money’s flow- PAC, American Crossroads, which then they will say to themselves: Who are ing.’’ The money is flowing. This begs turned around and funded advertise- the people behind these advertise- the question, Where is this money flow- ments targeting important environ- ments? Where are all of these millions ing from and where is it going? Who is mental protection regulations. They of dollars coming from, and what is it behind the cash and what is to prevent are using unlimited corporate funds to that they want for their money? When foreign government interests from in- influence our elections and our Na- we ask those questions, in the absence fluencing our elections? What is to stop tion’s energy policy to protect their of simple disclosure, I think we will foreign influence in American elections bottom line, regardless of the con- come to understand who these shadowy other than complete disclosure? sequences to the air we breathe and re- figures are and what they really want. If corporations are spending money gardless that States such as mine suf- That is why we should pass the DIS- to influence elections, it is for the sole fer from too high of an incidence of res- CLOSE Act, and I hope we get another purpose of improving their own bottom piratory illnesses and cancers. They chance to get our colleagues to recon- lines. And this undermines the very es- basically spend whatever it takes to sider. sence of our democracy, where indi- buy their right to continue to pollute With that, I yield the floor. vidual citizens are the ones who should the air we collectively breathe. The PRESIDING OFFICER (Mr. determine the outcome of elections, I could go on and on with examples of MERKLEY). The Senator from Ohio. not murky, shadowy, multibillion-dol- why special interests would very well Mr. BROWN of Ohio. Mr. President, I lar corporate interests or, worse, a for- spend in Federal elections to dictate think Senator MENENDEZ asked the eign government. Disclosure, full dis- policies that ultimately would hurt ev- right question in the absence of this closure, is what we need, and that is eryone but the special interests. That Chamber doing the right thing, and what we should demand before the peo- is what we are fighting against. This that is staying consistent with what ple lose control of our electoral proc- legislation is the first step in undoing the Republican leader, Senator MCCON- ess. that. NELL, said some years ago. He said that That is why I introduced another The American people deserve to sunlight is the best disinfectant and bill, the Shareholder Protection Act—a know who is giving more than $10,000. I that we should disclose everything. He commonsense proposal that gives real don’t believe that is too much to ask. wanted unlimited—mostly, I believe, if people a say in the process. If the Su- As a matter of fact, all of us who run I recall, unlimited contributions but preme Court’s position, which, obvi- in this body for the Senate and all who full disclosure. He has changed his po- ously, is the law of the land, is that a run in the House of Representatives— sition. I assume it is to protect the oil corporation is a person and therefore all of our contributors are subject to industry and perhaps the Chinese can go ahead and spend in Federal elec- disclosure. So if the donation of an av- money that is coming in in these elec- tions, then since the corporation’s erage citizen back at home is subject tions or the big Wall Street banks that money belongs to the shareholders, it to disclosure, why can we not at least have opposed my election, as well as is only right that they have a voice on have that corporation disclose when the Presiding Officer because of his how their money is going to influence they give over $10,000 to one of these work on banking issues, and will come elections. shadowy super PACs? The average cit- in against him in Oregon. My bill would require shareholder ap- izen has to disclose but the corpora- I stand behind this idea Senator proval of corporate political spending. tions don’t. Isn’t something wrong with MENENDEZ suggested, which is that if This basic step would ensure that cor- that equation? the Senate won’t move, voters will porations’ political activities actually I see why we can’t get a vote on the start asking the question, Who is giv- reflect the will of their shareholders. other side of the aisle because, over- ing this money, and why are they put- If, as the Supreme Court ruled, cor- whelmingly, they are receiving the ting in this kind of money? porations have free speech rights, then benefits of this undisclosed, shadowy I rise—and I thank Senator SHAHEEN their shareholders should have control money. But is that truly the American for her leadership—because big cor- of that speech. The Shareholder Pro- way? Is that why we came to this insti- porations and wealthy investors are tection Act does that by giving share- tution? I thought we came for the very flooding our elections with campaign holders the opportunity to exercise essence of what our democracy is money. They are looking for gain. We their free speech rights. But until we about, which is clear, open trans- don’t really know whom the money is can reach consensus on my proposal, parency at the end of the day. Is that from. We can guess. In my State, we the least we can give the American what the average voter wants to see in think it is oil companies. We think it is people is the right to know who is try- terms of this democracy? I don’t think Wall Street banks. We think it could be ing to influence them. so. money from Chinese interests, whether I think these are basic principles of a I leave my colleagues with this sim- it is money laundered from China democracy. There are basic principles ple message: Our democracy was found- through American corporations or di- in our democracy on which both par- ed on the principle of an open and hon- rectly from American corporations ties should be able to agree. est debate, but without disclosure we that specialize in outsourcing jobs to Imagine the influence of the big five get neither. All we get are commercials China and making more money. Look oil companies on American elections. on television and we don’t know who is what happened with the Olympics just In March, 47 U.S. Senators voted paying for them; we don’t know what recently, if that doesn’t sort of beg the against repealing $24 billion in oil sub- their interests are; we only know the question. sidies over the next 10 years. We know negativity that flows from it, but we We know that these dollars in Ohio from their publicly disclosed donations get none of the people behind it, none are drowning out the voices of working that these 47 Senators received over $23 of the corporations behind it. middle-class people in my State and

VerDate Mar 15 2010 05:10 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.051 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5013 across the country. Consider this: The That is why this legislation is so im- I do not want to make this about my television market in Cleveland, OH, is portant. These wealthy, unnamed, out- campaign. In my campaign, we have the 18th largest media market in the of-State donors can get away with seen already, in Ohio, $2.5 million in country. this—we know this by now—because special interest money, laundered—and Lots of cities come to mind that are the Supreme Court’s Citizens United I use that term advisedly—laundered larger: Philadelphia, Houston, Detroit, decision sweeps aside decades’ worth of through groups such as the U.S. Cham- New York, Chicago, L.A., San Fran- established jurisprudence and allows ber of Commerce, laundered through cisco, Washington, DC, Boston. Many corporations and very wealthy individ- groups such as Crossroads—that is the cities, many media markets are larger uals to spend as much as they like to group associated with George Bush’s than Cleveland, the 18th largest tele- defeat politicians who do not do their political director, whatever his title vision market in the country, which in- bidding. was—money coming through 60 Plus, cludes about 1.5 million viewers. Cleve- Big businesses and billionaires should money laundered through Concerned land is now No. 2 ranked in the country not be able to buy elections and citi- Women for America—who decidedly are in political spending—again, larger zens should know who is behind the ads not, I might add—money laundered than New York and Chicago and Phila- aimed at winning their votes. through all kinds of organizations; un- delphia and Houston and San Diego. In one of his fireside chats—in a very disclosed, secret money that comes in Only Los Angeles has had more money different political environment, with and does attack ads against elected of- spent in its TV market than has Cleve- very different media available to ficials. land. them—President Franklin Roosevelt I can stand on my own. I am not all The Columbus market—still signifi- said the ‘‘use of power by any group, that concerned about what it means to cant but smaller than Cleveland’s—is however situated, to force its interest me. I am concerned that those groups, not far behind in political spending. or to use its strategic position in order undisclosed, want to buy elections. Do Why is that? The Presidential race in to receive more from the common fund you know why they want to buy elec- Ohio; the Senate race in Ohio; a con- than its contribution to the common tions? They want to buy elections so gressional race in Ohio with two in- fund justifies, is an attack against and they can continue the subsidies they cumbents, one a Democrat and one a not an aid to our national life.’’ get and the tax break for the oil com- Republican, facing off, with most of the In a nutshell, President Roosevelt panies. They want to buy elections so money spent by special interest groups; said—he could have been speaking to they can continue to outsource jobs to undisclosed, secret money on Cleveland this issue today—that he called them China and write trade rules that make television and Columbus television, the ‘‘malefactors of great wealth.’’ He it easier and more profitable to do mostly against candidates, mostly called them ‘‘economic royals.’’ He that. They want to buy elections be- against incumbents, mostly against called them a lot of things—very cause they want to stop our efforts to force the six largest banks in the coun- people who have a history of standing wealthy people who had dispropor- try—the Wall Street banks—to divest for the middle class against oil com- tionate influence on their national gov- some of their earnings. They are not pany interests, who have a history of ernment, even with a President who just too big to fail, they are also too standing for jobs and against bad trade was fighting for the middle class, who agreements where companies outsource big to manage and too big to regulate. was fighting for the common man They want to buy elections, these to China—which they benefit from— against these interest groups. outside groups, because they want to standing for Wall Street banks that That is why the Democracy is continue the preferential treatment have done significant damage to our Strengthened by Casting Light on they get in this Congress when they are country and to our economy. Spending in Elections Act, the DIS- drug companies and to stop generic We do not know for sure where this CLOSE Act, matters. We need to pass drugs and to stop negotiation directly money comes from. They will not dis- this bill. with the drug companies to save money close it. The people paying for these The DISCLOSE Act would ensure for seniors for their pharmaceutical ads are simply unwilling to step out of greater accountability and trans- drugs. the shadows. It is not hard to guess, parency in corporate political spending That is what they have at stake—al- but we simply cannot prove it. by requiring the disclosure of cam- ways, frankly, against the public inter- At the same time, as to all these ads paign-related fundraising and spending est, always an attack on the middle that have come into Cleveland and by outside groups. class, always an assault on people who have come into Columbus and all over Over the course of the past 2 years, simply want an opportunity to get my State, nonpartisan fact-check orga- we have seen politics increasingly in- ahead in this country—just an oppor- nizations have discovered that many of fluenced by millionaires and billion- tunity, not a gift, not a handout but an these ads in my State are false. They aires who secretly give unlimited opportunity to go to college, an oppor- have a rating—they have a ‘‘true,’’ amounts of money to manipulate tunity to go to the local—to go to Lo- ‘‘mostly true,’’ ‘‘mostly false,’’ ‘‘false,’’ American politics. These multimillion- rain County Community College, an and the worst rating is ‘‘pants on fire.’’ aires are trying to secretly buy elec- opportunity to go to school and be able ‘‘Pants on fire’’ suggests that people tions. to pay back their loans, an opportunity running these ads or groups making The DISCLOSE Act would prevent to get a decent job and stay in the these statements willfully disregard these corporations and wealthy indi- town they grew up in so they can raise the truth or, to put it more succinctly, viduals from using shell front groups to children around their grandparents— simply lie. We are seeing, in many of hide their donations from disclosure. all the kinds of things most Americans these ads that are run by these special By giving millions of dollars in secret agree with. interest groups, they are simply lying. money, these megadonors are looking The DISCLOSE Act would prevent They get a ‘‘false’’ or they get a ‘‘pants to cash in on policies that will benefit these corporations from continuing to on fire’’ rating from PolitiFact, a na- their business interests. deceive the public and simply not in- tional organization which won the Pul- I do not want to make this about my forming the public of what is hap- itzer Prize, is nonpartisan, and has no State. I mentioned the huge money in pening. Their priorities erode protec- partisan leanings, no ideological Cleveland, the huge money in Colum- tions and safeguards for middle-class leanings. bus. We are seeing it in the Toledo workers and their families. They seek It is no surprise people paying for market. We are seeing it in the Dayton to extend tax shelters for the top 1 per- these ads do not want to be associated market, the Cincinnati market, the cent. This is not just an attack on the with them. If they are an oil company, Youngstown market, even those TV integrity of our democracy. That is they do not want the public to know markets on the periphery of the State fundamentally what it is, but that is how they are lying. If they are an that serve other States: Wheeling, WV, not why they do it. They do it because American corporation that outsources Parkersburg, WV, Charleston, Hun- it is a direct assault on middle-class to China, they do not want the Amer- tington, WV, Fort Wayne, IN—States families and working Americans. ican people to know they are the ones where you might buy the television The 1 percent will do increasingly paying for these ads and lying. time that Ohioans will see. better because of Citizens United. The 1

VerDate Mar 15 2010 05:10 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.052 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5014 CONGRESSIONAL RECORD — SENATE July 16, 2012 percent is mostly behind these efforts Senator SHAHEEN, and all those who nized as social welfare organizations and mostly behind the efforts to defeat have worked so hard with them to under section 501(c)(4) of the Internal the DISCLOSE Act. bring this cause to the public forum. Revenue Code, allows them to seek this Democracy demands openness in the The genius of our Founding Fathers influence with spending that is not public square, in our public conversa- was to establish a system of govern- only unlimited but is also secret be- tions, and in that most sacred demo- ment in which the governed determine cause there is no requirement that do- cratic tool: our elections. Under Citi- who represents them. It is easy for us, nations to those 501(c)(4) organizations zens United, what we have is a sale— more than two centuries removed from be disclosed to the public. not a democracy—it is an auction their achievement, to lose sight of just Donors can seek to influence an elec- going to the highest bidder. It is not an how remarkable that achievement was. tion with huge sums of money and can election. They overturned untold centuries of do so now without even having to dis- Our Nation’s highest Court took an human history during which those with close their involvement. They do so issue that was not even presented to wealth and power made the decisions covered by the figleaf that the non- the Court and decided to overturn a and everyone else had little or no profit groups to which they donate are century of legal precedent. Our largest chance to influence how they were gov- dedicated to ‘‘social welfare,’’ rather companies straddle the globe. They erned. than partisan politics. That fiction dis- wield enormous influence already. The The remarkable system the Founders solves the moment one looks at these top Fortune 500 companies reap billions created has endured through war, cri- social welfare attack ads that the IRS in profits. The average Ohio household sis, depression, and doubt. But we is, so far, blind to. struggles to break even, as does the av- should not mistake that endurance for According to an analysis of TV ad erage household from Senator WHITE- automatic permanence. Democracy re- spending data by the Campaign Media HOUSE’s Rhode Island and Senator SHA- quires that we maintain the vital con- Analysis Group, two-thirds of all ad HEEN’s New Hampshire. nection between the people and their spending by outside groups so far dur- The largest corporations leverage elected representatives. It must be the ing this election cycle has come from their enormous economic power into voters and not the influential few who nonprofits subject to no Federal public seemingly unchecked political clout. choose our Nation’s leaders. If the peo- disclosure rules. Much more is on the In 2011, corporations spent $3.3 billion ple begin to doubt their central role in way as election day approaches this lobbying Congress to influence legisla- our government, it will be corrosive to fall. tion—$3.3 billion to lobby Congress— democracy. exerting far more influence on our po- In recent months, there has been rea- The organizations now spending mil- litical process than they should. son for just such doubt. A Supreme lions of dollars to influence elections We know they spent this $3.3 billion Court ruling has opened our system to were set up for that explicit purpose, to because they were required by law to a flood of unlimited and secret special campaign for candidates they favored disclose what they spent. My guess is, interest money. Inexplicably, a one- and against candidates they opposed. if that law did not exist that they had Justice majority of the Court decided Yet they preserve their nonprofit sta- to disclose what they were spending on in the Citizens United case that such tus and their secrecy by relying on a lobbying, some of my colleagues would unlimited, anonymous donations ‘‘do contradictory regulation and guidance vote against disclosure for them, what not give rise to corruption or the ap- from the IRS. they are spending to influence elec- pearance of corruption.’’ This is how it works. In order to keep tions. So they spend $3.3 billion to Many of us believed from the mo- their tax-exempt status and keep donor lobby. They spend hundreds of millions ment that decision was handed down names and donation amounts secret, of dollars on elections. They work to that the Court’s majority was badly organizations are set up as ‘‘social wel- repeal and roll back voter rights. mistaken. But events since that day fare’’ organizations under 501(c) of the The PRESIDING OFFICER. The Sen- have left little doubt. We have, in re- Internal Revenue Code. ator has used 10 minutes. cent months, seen the dangerous con- For example, 501(C)(4), which is a Mr. BROWN of Ohio. I will wrap up. sequences of the Court’s ruling: a del- very popular section of the Code for Thank you. I ask unanimous consent uge of unregulated funds that has these organizations to claim, requires for 1 more minute. threatened to upend the election cam- that an organization be operated ‘‘ex- The PRESIDING OFFICER. Without paign for our Nation’s highest office, a clusively’’—I repeat—‘‘exclusively for objection, it is so ordered. flood whose organizers vow will upend the promotion of social welfare’’. Yet Mr. BROWN of Ohio. We have no congressional campaigns across the Na- in the regulation implementing this idea, though, what these groups are tion this summer and fall. statute, the IRS says: ‘‘An organiza- spending as they try to undermine our Through super PACs and through tion is operated exclusively for the pro- electoral system. What we know is that supposedly regulated but, in fact, actu- motion of social welfare if it is pri- corporations and roving—if I could use ally unregulated nonprofit organiza- marily engaged in promoting in some that word—front groups are already tions, the conduits through which this way the common good and general wel- pouring hundreds of millions into cam- flood of secret money flows, million- fare.’’ paigns. aires and billionaires already have Under this regulation, according to The DISCLOSE Act can help clear made massive donations to fund a bar- the IRS, to qualify as ‘‘exclusively’’ these murky waters. The question ulti- rage of attack ads, drenching and dedicated to social welfare, you need mately is, if we cannot pass this, then smothering the voices of those who are only be ‘‘primarily’’ interested in so- our citizens need to ask us: Why are to make the decisions in our democ- cial welfare. That does not fit any rea- they spending all this money? Who are racy—the people. sonable definition of ‘‘exclusively’’ these people spending this money? Who According to the Center for Respon- that I know of. is spending it? Why are they spending sive Politics, an independent watchdog tens of millions in my State and other group, as of mid-July, these super I have expressed my concern to the States around the country? What is it PACs have raised more than $244 mil- IRS about this. I pointed out to the they want? When voters start asking lion to influence elections. Individuals IRS that the IRS took a stand on this that question, I think the answer will and corporations can make unlimited issue once before. In 1997, it denied be pretty self-evident. donations to these super PACs whose nonprofit status to an organization I thank Senator WHITEHOUSE and donations are supposed to be disclosed. called the National Policy Forum. The Senator SHAHEEN for their work on this But the Court’s decision opened the IRS position then was that ‘‘partisan issue. door not just to individuals and cor- political activity does not promote so- I yield the floor. porations seeking to influence elec- cial welfare.’’ The PRESIDING OFFICER. The Sen- tions with unlimited contributions, Yet the IRS’s determination of a ator from Michigan. this ruling, combined with the IRS’s group’s tax-exempt status can take 1 Mr. LEVIN. Mr. President, first, let failure to strictly enforce our laws on year. Therefore, even if the IRS deter- me commend Senator WHITEHOUSE, the operation of nonprofit groups orga- mines that these organizations are not

VerDate Mar 15 2010 05:10 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.054 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5015 legitimately ‘‘social welfare’’ organiza- cident in modern U.S. history that brant, open, representative democracy, tions, it will likely be too late. The se- most damaged public confidence in one in which elections are determined cret money will have already been do- honest government, involved burglaries not by the secret spending of billion- nated and spent. The elections will be and dirty tricks that were paid for aires, but by the will of the people. over. using secret campaign donations. Even The bill we seek to vote on would The contradiction in the IRS regula- by the weak standards of the time, take an important step toward miti- tion is reflected in IRS literature de- much of the secret money was illegal. gating the damage of the Citizens signed to guide the operation of non- More than 20 corporations and orga- United decision. The DISCLOSE Act of profits. IRS officials pointed me to in- nizations were fined and some execu- 2012 would help shine the light of day formation on the agency’s Internet tives went to jail because their secret on what has been, since the Court’s rul- that states: ‘‘The promotion of social payments to the Nixon campaign vio- ing, an underground sewer flow of hun- welfare does not include direct or indi- lated the law. Now a donor can make dreds of millions of dollars. It would re- rect participation or intervention in such secret donation dedicated to who quire nonprofits engaged in partisan political campaigns on behalf of or in knows what nefarious purpose and political activities to disclose their opposition to any candidate.’’ spend unlimited amounts in secret major donors and their expenditures. It But in the very next sentence on that with what has, to this point, been the would not stop the flow of unlimited same Web site, the guidance says, ‘‘A acquiescence of the IRS. money, because we cannot under the social welfare organization may engage Post-Watergate history warns us as Citizens United ruling, but it would at in some political activities, so long as well. We are all familiar with the rev- least ensure that the people know who that is not its primary activity.’’ So elations about former Senator John is trying to influence elections. that contradicts the plain assertion in Edwards. His personal failings got most The Supreme Court has consistently the previous sentence that ‘‘social wel- of the media attention, but let’s not maintained that requiring disclosure is fare advocacy does not include cam- forget the financial heart of his prob- constitutional. Even in the Citizens paigning.’’ lem: While running for President, he United case, the Court’s majority said, It also then leaves open the question sought and received secret amounts of ‘‘Disclosure permits citizens and share- of the definition of ‘‘primary’’ activity. cash from a major campaign donor in holders to react to the speech of cor- An IRS publication on nonprofit orga- order to conceal embarrassing facts porate entities in the proper way. This nizations contains the same contradic- that might damage the campaign. Yet transparency enables the electorate to tion. It says: huge secret payments to campaigns at make informed decisions and give prop- Promoting social welfare does not include this moment in our history are rife. er weight to different speakers and direct or indirect participation or interven- We need to look no further than this tion in political campaigns on behalf of or in messages.’’ Indeed, the majority’s reli- capital city in which we work to see ance on disclosure is key to their argu- opposition to any candidate for public office. the dangers of secret money. The resi- However— ment that unlimited spending from dents of Washington, DC, have learned corporations would not create corrup- It goes on to say— in recent weeks that the current mayor if you submit proof that your organization is tion or its appearance. The same Su- benefited from what Federal prosecu- preme Court that has allowed this organized exclusively to promote social wel- tors have called a ‘‘shadow campaign’’ fare, it can obtain an exemption [from taxes] flood of money has said Congress can of huge secret donations from a major even if it participates legally in some polit- require it to be disclosed. We should do ical activity on behalf of or in opposition to city contractor. The chief Federal pros- so, and so promptly. ecutor has said: ‘‘The 2010 mayoral candidates for public office. It is difficult to understand why election was corrupted by a massive in- That makes no sense. If partisan ac- Members of the Senate could oppose fusion of cash that was illegally con- tivity does not meet the IRS definition these simple, straightforward disclo- cealed from the voters of the District.’’ of ‘‘promoting social welfare,’’ how can sure requirements. It is difficult to If true, these charges mean that a cam- an organization that participates in imagine that we would be comfortable paign donor with a major financial in- partisan activity possibly be ‘‘orga- telling our constituents that we voted terest in city government decisions nized exclusively to promote social to uphold the veil of secrecy that now sought to influence the election of the welfare’’? So rather than providing shields this flood of money from public city’s mayor using huge secret pay- clarity, the IRS is perpetuating ambi- view. And it is even more remarkable guity. It should promptly end this am- ments that concealed his involvement. Do any of us doubt that individuals that some of us would vote, not just to biguity. maintain that secrecy, but to prevent We also have a responsibility to act. and corporations with a vested interest in Federal Government outcomes are the Senate even from debating it. The The Senate and the Congress should filibuster of this legislation, if success- act to prevent these organizations from spending huge sums of money to influ- ence those outcomes without ever hav- ful, will signal shocking acquiescence continuing to benefit from their tax- to a system in which the wealthy, for- exempt status and hide their donor in- ing to disclose their involvement to the public? People may go to jail for such tunate few can seek to shape the out- formation. They should be required to come of elections in secret, without the disclose the donor and contribution in- spending in the Washington, DC, elec- tion. Yet secret spending is common Senate even voting on whether to con- formation and stop hiding behind their tinue that secret system. nonprofit status. The facade of these practice in campaigns for the highest offices in our country. There are those in this body who de- TV ads not being partisan politics fend the flood of secret cash in our pol- needs to be swept away. It is that sim- This is not the democracy that men and women have fought to protect itics. It is hard for this Senator to un- ple. derstand how those Senators explain to We have seen repeatedly the corro- throughout our history. It’s not the de- their constituents that they do not de- sive effects of secret money on the po- mocracy the Founders adopted in our serve to know who is spending millions litical process. We need to look to his- Constitution. As Adlai Stevenson once to influence elections. But it is doubly tory, including modern history—the put it: ‘‘Every man has a right to be difficult to accept the refusal of my Watergate scandal, a single incident in heard; but no man has the right to colleagues to allow us to vote on this U.S. modern history that most dam- strangle democracy with a single set of bill by filibustering the motion in- aged public confidence in honest gov- vocal chords.’’ Yet this torrent of un- tended to let us proceed to that vote. ernment involved burglaries—— regulated money threatens to strangle The PRESIDING OFFICER. The Sen- the voice of the people. The PRESIDING OFFICER. The Sen- ator’s time has expired. Mistaken though it may have been, ator from New Hampshire. Mr. LEVIN. I ask unanimous consent the Supreme Court’s decision stands Mrs. SHAHEEN. Mr. President, since for an additional 2 minutes. until it is reversed. We are committed the Supreme Court’s decision 2 years The PRESIDING OFFICER. Without to uphold the rule of law even when we ago in Citizens United, we have seen a objection, it is so ordered. disagree with the Supreme Court’s in- new system of campaign finance Mr. LEVIN. Mr. President, the Wa- terpretation of the law. But we must be emerge. Without limits on donations or tergate scandal, which is the single in- equally committed to the fight for a vi- limits on spending by outside groups

VerDate Mar 15 2010 05:41 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.056 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5016 CONGRESSIONAL RECORD — SENATE July 16, 2012 such as super PACs, we have been inun- When I talk to voters in New Hamp- what the first amendment was designed dated with mostly political advertise- shire these days, they are not opti- to protect and what it need not pro- ments while candidates from both sides mistic about being heard in Wash- tect. of the aisle struggle to raise more and ington. According to the Granite State We need to make sure people like more money just to keep up. Poll that is done by the University of Granny D can continue to be heard re- Nearly $170 million has been spent so New Hampshire, three-quarters of our gardless of how much money they far in this election cycle by outside New Hampshire adults think Members have. That is why we need the DIS- groups, and that does not include much of Congress are more interested in CLOSE Act. The first amendment the candidates themselves have spent. serving special interest groups. One- doesn’t protect the rights of shell cor- Just think what good we could do with quarter of New Hampshire adults think porations and dummy organizations to that $170 million. The rising influence they have no influence at all on what flood our airwaves with negative ads of donors and corporations is a prob- the Federal Government does. using money from anonymous donors. lem. But the larger issue, and the one People throughout New Hampshire Let’s take a lesson from Granny D and we are here to talk about—and I wish and throughout this country do not be- take a stand and pull back the curtain to recognize the leadership of Senator lieve their interests are being rep- to see who is behind all of this secret WHITEHOUSE from Rhode Island, who resented. What they do support is the money. The DISCLOSE Act will allow has done such a great job of raising the kind of legislation we are talking us to do that. That is why we should importance of this issue. The larger about in the DISCLOSE Act. Three- support its passage. I hope our col- issue is the prevalence of secret money quarters of New Hampshire adults leagues on the other side of the aisle that is increasingly making its way strongly support a law that would re- will decide they should join us. It is into our campaigns. Millions of dollars quire corporations, unions, and non- critical to our democratic process. of untraceable money have already profit groups to disclose their sources The PRESIDING OFFICER. The Sen- been spent during this election. This of spending when they participate in ator from Montana. spending is unacceptable because there elections, and this support is not lim- Mr. TESTER. Mr. President, I rise is too much at stake in this election ited to New Hampshire. this evening in support of the DIS- for Americans who are struggling. By According to a Greenberg-Quinlan CLOSE Act, legislation to shine some that, I am not talking about the secret poll recently, 77 percent of voters na- sunlight onto our elections, to restore donors who can afford to spend mil- tionwide, regardless of party, say re- transparency and accountability into lions of dollars on secret political ads. forming our campaign finance system this Nation’s political campaigns. I am talking about middle-class fami- is very important. The DISCLOSE Act is a responsible lies who are struggling with their I get a lot of cards and letters from step toward making sure that people mortgages, trying to pay for college, people. Most of the people who write to decide the course of our future; that fighting to get their credit card pay- me and write to all of us sign their people make their own choices based ments mailed in on time. These are the names. Because they sign their names, on good information; that people al- Americans who need our attention. we know who they are and we can re- ways have the ability to hold this gov- They deserve to know who paid for spond. We can correct misunder- ernment accountable through trans- the most recent negative ad they see standings. We can engage in a discus- parency. on their television. The truth is mid- sion with them about policies before Right now, that’s not the case. dle-class families will not be able to the Congress. The same should be true On January 21 of 2010, the U.S. Su- catch a break unless we start by reduc- for political speech. preme Court made a decision that gave ing the influence of special interests, of Justice Antonin Scalia once wrote— power to corporations to spend unlim- big donors, and of corporate lobbyists, and we put this on poster board be- ited money on political campaigns— and that is what the DISCLOSE Act is cause I thought it was so apropos to with no transparency whatsoever. about. That is why it deserves our sup- what we have been talking about with That includes foreign corporations, port. the DISCLOSE Act. He said: by the way. So, for example, it would We have heard Senator LEVIN speak Requiring people to stand up in public for be pretty easy for a Chinese company very eloquently to the 501(c)(4) organi- their political acts fosters civic courage, to start spending a lot of money to in- zations, those organizations that are without which democracy is doomed. fluence American elections, again, allowed to keep their donors secret. In It is important for donors to own with no transparency whatsoever. many cases, they are actually allowed their participation. That is what the The Citizens United decision has al- to deduct those contributions. Those DISCLOSE Act is about. That is why ready dealt a blow to our democracy. It secret donors can deduct those con- we should all vote to support it. is allowing a handful of billionaires, tributions from their taxes. It is hard I can’t finish my remarks without corporations and secretive groups that to understand why they should be al- talking about a New Hampshire woman represent special interests to try and lowed to do that. It is not right. It is who really represents what we are buy votes. not fair. We need to change the system. talking about when we talk about par- That already happened in Montana Some have objected to requiring dis- ticipation in the political process. Her once. And the people of Montana put a closure of donors because they say it name was Doris Haddock, or Granny D, stop to it one hundred years ago. undermines free speech. Let me address as we in New Hampshire knew her. At the turn of last century, one of that. Because our democracy is based Some people may remember that when the world’s wealthiest men literally on the free exchange of ideas—and po- she was 89 years old, she started walk- bought himself a seat in the U.S. Sen- litical speech should enjoy the highest ing across America to call attention to ate. His name was William Clark. He level of protection—we should recog- the importance of campaign finance re- was one of the mining barons of the nize that citizens always have the right form. In the 14 months she took to Gilded Age. Mr. Clark left his mark to speak and be heard, especially on walk across this country—and she across this Nation. In fact, Clark Coun- matters as important as who should turned 90 on the way—she traveled ty, Nevada, is named for him. represent them in Washington. 3,200 miles, went through four pairs of Back then, Montana’s legislature got That is not what the DISCLOSE Act sneakers, and everywhere she stopped, to choose who served in the U.S. Sen- is about. It is precisely because we she talked about the importance of ad- ate. So William Clark paid as many need to make sure citizens stay in- dressing campaign finance reform so legislators as he could to send him to volved in the political process that we that ordinary Americans could be Washington. need this reform, because freedom of heard. In fact, he spent a staggering $431,000 speech does not mean freedom of se- Well, Granny D died 2 years ago at buying his Senate seat in 1899. That’s crecy. Anonymous political speech by the age of 100. equivalent to about $11 million today. these organizations has no place in our She left behind 2 children, 8 grand- This bold bribery was a national democracy. Accountability, trans- children, and 16 great-grandchildren. scandal back then. And it shaped Mon- parency, and credibility must be pre- She also left behind an incredible leg- tana forever. Because of what William served in our political system. acy that embodies the importance of Clark did, Montana passed a law in 1912

VerDate Mar 15 2010 06:19 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.058 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5017 limiting the influence of wealthy cor- sions, with good information, full we can only take from people, not from porations over our elections. transparency, and full accountability. a corporation. We are obviously seeing And just as important, the scandal The PRESIDING OFFICER. The Sen- how distorted the implementation of showed us that as Montanans, trans- ator from Florida is recognized. this 5-to-4 Supreme Court decision is in parency prevents corruption. Trans- Mr. NELSON of Florida. Mr. Presi- this law. That is why we have to pass parency allows for accountability. dent, before the Senator from Montana a bill to at least bring it out into the Mr. President, transparency in gov- leaves, I want to ask him a question. sunshine. ernment is a fundamental value in Did he hear, earlier this evening, a In this Citizens United 5-to-4 Su- Montana. Senator come out here and say he preme Court decision which allows A few weeks ago, the U.S. Supreme thought the DISCLOSE Act would in- these unlimited donations, the Su- Court struck down Montana’s impor- timidate people from participating in preme Court even said in a part of the tant 1912 law to guarantee trans- the political process? Is the fact of dis- opinion that there is a need for trans- parency and accountability in our elec- closing where the money is coming parency. Well, that is what we are try- tions. from supposed to be an intimidation? ing to accomplish with this legislation. Citing its own Citizens United deci- Mr. TESTER. Well, anytime trans- The Supreme Court, in its opinion, said sion—and the idea that corporations parency and accountability is an in- that voters should be well informed somehow have the same rights as indi- timidation, that means there is a dif- about the group or the person who is vidual people—the U.S. Supreme Court ferent agenda behind that money. I say speaking in what they consider free tossed out Montana’s century-old law. that I think the DISCLOSE Act is a speech. Well, that is exactly what this Now the secretive special interests well-crafted, smart bill that allows legislation intends to do. It informs the are taking full advantage of this un- transparency and accountability in our electorate, makes sure they have the even playing field. They are buying up election process. When accountability information they need to judge the millions of dollars of time on the air- and transparency become a bad thing, message for themselves. waves, blanketing Montana with lies we are in big trouble in this country. This onslaught of unlimited, anony- and distortions in order to influence I thank the Senator for the question. mous contributions puts everyday voters. And Montanans are getting sick Mr. NELSON of Florida. Yes, indeed. folks at risk of having their voices of it. I thank the Senator for his comments. drowned out by the billionaires and the Like 100 years ago, a few millionaires My comments will be very similar be- corporations. If the campaign law says and billionaires are bankrolling secre- cause the DISCLOSE Act is a very sim- the average person has to disclose their tive campaign spending. ple piece of legislation, and it is about contribution to a candidate, why And they are steamrolling our de- letting people know who is spending shouldn’t billionaires and millionaires mocracy, because they are doing it in money and how much in order to influ- have to do so as well? It is a question secret, with no accountability and ence elections, and therefore not to of fairness. There should not be two transparency. allow the democratic process of elect- sets of standards for political contribu- I support undoing the Citizens United ing officials to be taken over by a few tions. decision by amending the U.S. Con- superdonors who pay for these slash- That is why we are here on the Sen- stitution. That’s a heavy lift. But it’s and-burn negative ads that are also, by ate floor well into the night supporting one I, along with many of my col- the way, patently false. the DISCLOSE Act. We ought to pass leagues, support. And in the meantime, I have had $8 million of negative at- this bill. Yet you see partisan politics let’s make our elections more trans- tack ads run against me. Every inde- at its worst when the votes are being parent. I join most Montanans when I pendent fact-checking organization has recorded. It is simple. It says what has already been described: The person who say that any money spent influencing said they are either false or pants-on- wants to donate $100, even $1,000, if voters ought to be transparent, no fire false. Yet the public doesn’t know they are going through a super PAC, matter where it comes from. where the money is coming from in they don’t have to disclose that, but if That is exactly what this DISCLOSE order to run these kinds of ads. they are donating $10,000 or more, then Act does. I really have never seen this kind of that ought to be disclosed and we Mr. President, I don’t think anyone situation we are facing this year be- ought to know where that money is here has heard complaints about too cause this 5-to-4 Supreme Court deci- coming from and what their agenda is much transparency when it comes to sion has left the door open for these by virtue of us knowing where the political TV ads. megadonors to secretly finance and propel the flow of false information. It money is coming from. The DISCLOSE Act requires any or- This legislation will stop the special is not just happening in my State; we ganization or individual who spends treatment for the super PACs by mak- are hearing that it is happening in a $10,000 or more on a political campaign ing sure they play by the rules every- bunch of States. It is not just in Senate to report that expenditure within 24 body else has to play by. hours. elections; it is happening in elections Mr. President, there is going to be a No organization or type of organiza- at all levels, including the Presidential lot of commentary tonight. I thank the tion is exempt. It applies to superpacs, election. What is happening is that Chair for the opportunity, and I yield unions, and so-called ‘‘issue advocacy’’ these people and these organizations the floor. organizations. are donating so they can satisfy their The PRESIDING OFFICER. The Sen- That is not stifling free speech. That own agendas, and they do so in their ator from New Mexico. is responsibility. It is accountability. own self-interest, to see that it is going Mr. UDALL of New Mexico. Mr. The DISCLOSE Act strengthens our to be protected in Washington. The President, let me, first of all, thank freedom to make’ informed decisions ones who are running ads in my State Senator WHITEHOUSE for heading up about our democracy. of Florida clearly don’t care about this campaign finance task force. I And for folks in Montana, it’s a Florida; they care about their own po- think this has been a real solid effort chance for us to put our priorities back litical agenda. In essence, they are try- by a number of Senators. Senator ahead of special interests, for Mon- ing to buy elections. WHITEHOUSE, whether it is at Netroots tanans to make their own choices free So with this new crop of secretive do- or on the Senate floor, has been par- from the influence of unlimited spend- nors seemingly popping up—new ones ticipating this evening, and we appre- ing by multinational corporations. every day—there doesn’t seem to be an ciate all of his help. The Presiding Offi- It’s what the people of this Nation end in sight. That is why we need a law cer, Senator MERKLEY, has also been a deserve. I urge all of my colleagues to like the DISCLOSE Act. Voters need to key member of the task force. Senator vote for that transparency. know who is influencing the elections. BENNET, who is going to be speaking A vote against the DISCLOSE Act is We as Federal candidates have to know after I have finished, is another mem- a vote to allow secretive special inter- basically every dime of political con- ber of the task force. So we appreciate ests to buy something that should tributions and—oh, by the way, we are being allowed to get together. never, ever be for sale—our democracy limited in the amount of contributions What we need to be reminded of this and the power to make our own deci- per contributor that we can take, and evening is where we are. We just took

VerDate Mar 15 2010 05:24 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JY6.006 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5018 CONGRESSIONAL RECORD — SENATE July 16, 2012 a vote to try to get onto the DIS- in the rarified hallways of the Supreme MER held a hearing on the DISCLOSE CLOSE Act, and 51 Democrats said Court but not in the rough and tumble Act. We heard several concerns about let’s get onto the bill, with 44 Repub- streets of political campaigns. We the bill, both from our Republican col- licans—not a single Republican—voting know this. The super PACs writing leagues on the committee and their not to allow us to move to the bill. these huge checks know it too, and witness. At the hearing, the minority Basically, as Senators BENNET, they must be chuckling all the way to witness claimed there were many pro- WHITEHOUSE, and MERKLEY know, the the bank. But the American people do visions in the bill he disliked. He said: Senate is now in the mode of a full fili- not find this funny—infuriating per- buster. We are on a motion to proceed haps but definitely not funny. I think perhaps the most radical is the government-mandated disclaimer. and have not been allowed to move to I don’t think we can truly fix this the bill. So people should recognize broken system until we undo the false While I disagree with his assertion that is the posture we are in right now, premise that spending money on elec- that standing by your ad is a radical so we are going to be down here talking tions is the same thing as the constitu- idea, that is no longer an issue in this about this issue. tional right of free speech. That can bill. We have taken the disclaimer pro- I have joined my colleagues to talk only be achieved if the Court overturns vision out. I still believe it is an impor- about this serious problem of campaign Buckley or we amend the Constitution. tant provision, but we listened to the finance reform, one that threatens the Until then, we will fall short of the real minority’s concerns and revised the very nature of our democracy. That reform that is needed. But we still bill. threat is the unprecedented flow of should do all we can in the meantime Another concern raised at the hear- money into our elections. We need to to make a bad situation better, and ing was the effective date of the legis- look at this dangerous torrent of that is what we have been trying to do lation. Senator ALEXANDER is our rank- money and consider how to stop it. I with the DISCLOSE Act. That is what ing member on the committee, and I believe a step in the right direction is we must do with the DISCLOSE Act. It think a great deal of him and appre- the DISCLOSE Act. is not the comprehensive reform I ciate the work he and Chairman SCHU- In January 2010 the Supreme Court would like to see, but the perfect MER have done on this and many other issued its disastrous opinion in Citizens should not be the enemy of the good, issues. At the hearing on DISCLOSE, United v. FEC. Two months later, the and the DISCLOSE Act is the good we Senator ALEXANDER said the following: DC Circuit Court of Appeals decided can do now. It is a step forward, a vital This hearing is as predictable as the spring the SpeechNow v. FEC, which the Su- step forward, even with the flawed Su- flowers in the middle of an election. My preme Court precedents that constrain friends on the other side of the aisle are try- preme Court upheld. These two cases ing to change the campaign finance laws to gave rise to super PACs. They opened us. The DISCLOSE Act is a step out of discourage contributions from people with the floodgates of secret cash. Super whom they disagree, all to take effect on PACs have poured millions of dollars the shadows, and that is exactly where July 1, 2012. we need to be headed. The DISCLOSE into negative and misleading campaign Well, guess what, Senator ALEX- Act of 2012 asks a simple question—an ads, and, as they often do, under the ANDER. We have also addressed this important and eminently fair question: cover of darkness—quiet, stealthy, concern. The bill has been changed so Where does the money come from and without disclosing the true source of that the disclosure requirements go the donations. where is it going? If we don’t start asking that ques- into effect at the beginning of next It is ironic. They make all this sound year. So the shadow groups can still do and fury on the airwaves, but they are tion, we may soon be asking another one, one we heard when scandal shook everything in their power to buy this silent on who is paying for it. Why? election. They can still hide their faces Why the silence? Why the cat and this country in years passed: What did he know and when did he know it? It is from the voters, but they will have to mouse? The American people are step to the plate the next time around. blessed with common sense. They know a simple question that follows the money because the American people They can still write the checks, they usually when someone will not admit have a right to know who is writing the can still try to buy future elections, to something it is because there is checks. but they will finally have to say who something to hide. They have seen Under the bill any covered organiza- they are at the checkout stand. where all that shadowy campaign tion, including corporations, labor The bill we are considering is as sim- money can take us—to corruption, to unions, nonprofit organizations, and ple and straightforward as it gets: If scandal, to places like Watergate, dark super PACs that spend $10,000 or more you are making large donations to in- days where we have been before. And on campaign-related disbursements fluence an election, the voters in that believe me, I don’t think the American during an election cycle, would have to election should know who you are. people want to go back to the era when file a report with the Federal Election That is not a radical concept. we had big suitcases of cash, with the Commission that discloses all dona- What is disappointing is that this President keeping cash in his White tions above $10,000. type of disclosure, and campaign fi- House safe. The American people don’t It also requires the disclosure of any nance reform more generally, used to want to return to that time. transfer made to a third party for the have broad bipartisan support. Now The Citizens United and SpeechNow purposes of campaign-related expendi- that conservative super PACs are rais- decision sparked a renewed focus on tures. This addresses the growing prob- ing huge sums of cash and hiding many the need for campaign finance reform. lem of using so-called social welfare or- of their donors, disclosure has suddenly But let’s be clear, the Court laid the ganizations to funnel anonymous become another partisan issue. groundwork for this broken system money to super PACs. If we look at past reform efforts, many years ago. In 1976 the Court held This is a practical, sensible measure. they have always been bipartisan. In in Buckley v. Valeo that restricting It doesn’t get money out of our elec- 1972, the Federal Election Campaign independent campaign expenditures tions, but it does shine a light into the Act passed with strong bipartisan sup- violates the first amendment right to dark corners of the campaign finance port from both parties. After Water- free speech. That ruling established the system. A similar bill in the last Con- gate, Democrats and Republicans came flawed precedent that money and gress had broad bipartisan support, together, again to strengthen the act speech are the same thing—another with 59 votes in the Senate and passing and set limits on independent expendi- nail in the coffin of common sense. The the House. Since then we have all tures. More recently, in 2002, we passed result: elections based too much on the watched a flood of money raining down the bipartisan Campaign Reform Act, ability to raise money and too little on during this election year. We are seeing also known as McCain-Feingold. That the quality of ideas, too much on a the real impact of the Citizens United bill passed in the Senate with broad dedication to fundraising and too little and SpeechNow decisions on our elec- support. Five of our current Repub- on the public good. tions. The need for this legislation has lican colleagues voted for it. Money and free speech are not the become even more apparent. The constitutional amendment that same, and it is a tortured logic to say I serve on the Senate Rules Com- Senator BENNET and I introduced this they are. They may seem comparable mittee, and in March Chairman SCHU- Congress also used to be bipartisan.

VerDate Mar 15 2010 05:24 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.061 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5019 Senator Fritz Hollings was the lead The faith of the American people in Tonight, families all over my State, sponsor for many years, but the their electoral system is shaken by big which is a swing State, are going to amendment was always bipartisan. It money. It is time to restore that faith. have to endure advertisement after ad- had the support of respected Repub- It is time for Congress to take back vertisement that is not advertising lican Senators such as Ted Stevens, control. those consumer products I described Arlen Specter, John Danforth, THAD There is a great deal to be done to fix but are advocating for candidates and COCHRAN, and JOHN MCCAIN. our campaign finance system. I will political ideas. And many of them will The PRESIDING OFFICER. The Sen- continue to push for a constitutional have phony names. The Committee for ator has utilized 10 minutes. amendment that will allow comprehen- a Strong America or Tall Children or Mr. UDALL of New Mexico. Mr. sive reform. But, in the interim, let’s Strong Teeth is what they are going to President, I ask unanimous consent at least shine a light on the money. see. Now, because of what the Supreme that I be allowed an additional 2 min- The American people deserve to know Court ruling did, they can’t even find utes. where this money is coming from. And out, if they wanted to, who is donating The PRESIDING OFFICER. Without they deserve to know before, not after, to those in many cases fake commit- objection, it is so ordered. they head to the polls. That is what the tees. Mr. UDALL of New Mexico. So we DISCLOSE Act will achieve. I wish to start out tonight by making can see why I am disappointed with the With that, I yield the floor. clear what is not at issue with this bill. partisanship that has taken over this The PRESIDING OFFICER. The Sen- This is not a constitutional question important issue. It is not like the prob- ator from Colorado. we are debating here tonight. There is lem of money influencing our elections Mr. BENNET. Mr. President, I thank not a question that disclosure and dis- has been solved. The recent Supreme my neighbor, the Senator from New claimer—which this bill doesn’t even Court decision struck down laws my Mexico, for his kind words and his lead- do—is constitutional. Eight of nine Su- Republican colleagues voted for. I hope ership on this issue. I have been privi- preme Court Justices have not only they will be willing to work with us leged to have the chance to cosponsor a said it is constitutional but some have now to pass disclosure laws that will constitutional amendment that I think said that is a desired result. withstand judicial scrutiny. responds very nicely to what he hears Justice Scalia said: And unless we take action, I fear from his constituents, as I hear from Requiring people to stand up in public for things will only get worse. Earlier this mine, whether they are Republicans, their political acts fosters civic courage, year, my friend Senator JOHN MCCAIN without which democracy is doomed. Democrats, or Independent voters. I said the following at a panel discussion also want to thank the Senator from For my part, I do not look forward to on campaign finance reform: Rhode Island, Mr. WHITEHOUSE, for or- a society that, thanks to the Supreme What the Supreme Court did [in Citizens ganizing this time tonight and for his Court, campaigns anonymously and United] is a combination of arrogance, even exercises the direct democracy of naivete´ and stupidity the likes of which I leadership over these many months. It is 8:45 p.m. tonight in Washington, initiative and referendum hidden from have never seen. I promise you, there will be public scrutiny and protected from the huge scandals because there’s too much DC, as we debate this bill. We are not money washing around, too much of it we actually debating the bill because we accountability of criticism. This does don’t know who’s behind it and too much weren’t even allowed to move to a de- not resemble the home of the brave. It corruption associated with that kind of bate on the bill. I can’t tell you the takes courage to put your name on money. number of times we haven’t been able something, to stand for something that I think Senator MCCAIN is right. I re- to do that. is unpopular. It doesn’t take a lot of call the debate when we considered the I am often struck by the fact that I courage to let somebody use your DISCLOSE Act in the last Congress. think the Founding Fathers would money in a way that keeps you com- Many of our concerns then were still have wanted us to debate all these bills pletely anonymous and imposes some- hypothetical. We could only guess how and to vote up or down on each one and thing on families in our States who are bad it might get. Well, now we know. then to go home and explain to our trying to make a fundamental Amer- Unfortunately, our worst fears have constituents why we voted one way or ican decision to vote in a democracy. come true. why we voted another way. But here we That doesn’t take courage. That is the The toxic effect of the Citizens are, not technically debating a bill, point Justice Scalia was making be- cause Justice Scalia, I believe, thought United and SpeechNow decisions has once again, because we haven’t even Congress would do its job and enact become brutally clear. The floodgates been able to move onto a piece of legis- what is constitutional, require disclo- of campaign spending are open and lation that historically has been and I gushing and threaten to drown out the sure, require disclaimer. hope will again become bipartisan. This issue is one that has been well voices of ordinary citizens. As I mentioned, it is 8:45 here. At Look at what we have seen already. understood in this country since its home in Colorado, it is 6:45. It is din- Huge sums of unregulated, unaccount- founding. Here is Patrick Henry in nertime. Families are sitting around able money are flooding the airwaves. 1788: having dinner with their loved ones, An endless wave of attack ads, paid for The liberties of a people never were, nor much as I did when I was a boy. I can by billionaires, is poisoning our polit- ever will be, secure when the transactions of remember my parents, who followed ical discourse 501c4 social welfare orga- their rulers may be concealed from them. nizations are abusing their non-profit public affairs closely, turned on the Accountability and transparency— status. They shield their donors and evening news every night about this that is what this legislation is about, then funnel the money into Super time, and Walter Cronkite would be on and it is emphatically constitutional. PACs. the television. I remember that the So if somebody comes and tells you The American public, rightly so, ads, as probably does the Senator from this is about the Constitution, tell looks on in disgust. New Mexico, were things like Geritol, them that eight of nine Supreme Court A recent Washington Post-ABC News things that cleaned your dentures. I re- Justices have already ruled on this poll found that nearly 70% of registered member one ad in particular—I never question. They have already ruled that voters would like Super PACs to be il- could believe they could get the cherry what is in the content of this act is legal. Among independent voters, that stains out of those pearls, but every constitutional. figure rose to 78%. Supporters of Super single night they were able to do it. What is happening out there as a con- PACs and unlimited campaign spending And if there was a political ad on tele- sequence of a decision that was made claim they are promoting the demo- vision, the candidate had to get on at by the Supreme Court on the one hand cratic process. But the public knows the end and say: My name is MICHAEL and the failure of the Congress to act better—wealthy individuals and special BENNET, my name is JEFF MERKLEY, in a timely manner on the other? Well, interests are buying our elections. my name is TOM UDALL or DICK DURBIN these super PACs have come into Our nation cannot afford a system or HARRY REID or SHELDON WHITE- being, these anonymous folks who have that says, ‘‘come on in’’ to the rich and HOUSE, and I approve this message. been able to give money. powerful, but then says ‘‘don’t bother’’ That is what we saw when I was a There is an owner of a casino in Las to everyone else. child. Vegas, and he has actually given more

VerDate Mar 15 2010 05:24 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.062 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5020 CONGRESSIONAL RECORD — SENATE July 16, 2012 money to super PACs in 2012 than any- This is 2010, the year I was running the people who are coming afterwards. body else in the country—at least that and a year when Colorado saw more I believe that anybody who wants to is my understanding—but to him this outside money on television than any- come to that debate, anybody who is chump change. So far he has given body should deserve to see, more out- wants to play in that game is welcome, $35 million, and he says he is going to side money than any State in the but they ought to tell us who they are. give more than that. That is a lot of United States of America, and 44 per- Mr. President, I yield the floor. I see money to most people, but it is not a cent of the money that was spent was the Senator from Illinois is here, and I lot of money to this guy because he has not disclosed. The identity of the peo- look forward to his remarks. a net worth of $23.9 billion. ple who gave the money was not dis- The PRESIDING OFFICER. The Sen- We did some math at home, and what closed. That is virtually half of what ator from Illinois. we figured out is that in Colorado and was spent, and it is going to be worse Mr. DURBIN. Mr. President, I thank in America, the average family’s net this year. the Senator from Colorado for his re- worth is roughly $77,000. So if they I have three daughters who are 12, 11, marks, and a special thanks to my col- were to spend the same percentage of and 7, and everybody who has been a league from Rhode Island, SHELDON their net worth that this one casino parent would know this intuitively. WHITEHOUSE, for gathering us here this owner in Las Vegas has spent of his net Not surprisingly, as the spending has evening. worth, that would be about $108, which become more anonymous, the adver- It is almost 8:30 Washington time. is about what people spend a week on tising has become more negative. If one The Chamber is otherwise empty. Sen- groceries who are making this kind of of my kids thinks they can get away ator STABENOW from Michigan is pre- money. To them, that would be a little with doing something negative to one paring to speak. bit of a sacrifice, $108, but if they knew of their sisters—which is not often, but This is not really a Senate debate. they could control the outcome of elec- it happens—if they think they can get That happens almost never in this tions in State after State, if they could away with it without anybody catching body, which is unfortunate. I had hoped influence the election of the very them, they are a lot more likely to do that perhaps some Members from the President of the United States by it than if they know somebody is other side would come and defend their spending .0001 of their net worth, $108, watching. position, but they haven’t. It is their they might do it. The PRESIDING OFFICER. The Sen- right to go home, and they have done This is pocket change for him. These ator has utilized 10 minutes. it. We think it is worth a few minutes numbers get so big it is hard some- Mr. BENNET. I ask for an additional of our time to come even this late at times to think about what it means. 2 minutes. night to talk about this issue. This one person’s net worth is 332,000 The PRESIDING OFFICER. Without Lyndon Johnson was a pretty famous times the net worth of our average objection, it is so ordered. Senator and President, and back in the family. Mr. BENNET. I thank the Presiding day he used to say that when he was Think about it this way: The median Officer. looking for advisers, he wished he had household income in Colorado is rough- So you can see that the portion of someone near him who would run for ly $56,000. A family earning $56,000 in positive advertising here is much, sheriff. What President Johnson was Colorado every year, year in and year much higher than the negative. saying is that the practical experience out, who never paid any taxes—and is Today it is almost entirely negative. of politics is somehow a lot different probably paying a higher rate, by the And between the hours of 6 p.m. and 9 from what many people imagine. way, than this guy in Las Vegas—but p.m. tonight in the State of Colorado I thought of that when I reflected on who never paid any taxes, who never and across the United States of Amer- this Supreme Court currently sitting— spent one penny of their salary—$56,000 ica, those graphs are going to be borne the same Court that decided Citizens a year, year in and year out and didn’t out by negative ad after negative ad. United—and the fact that not one of spend a nickel of it—would have to do We face enormous structural issues them has ever stood for election, none that for 441,000 years before it added up in the economy in this country. We of them has gone through a campaign. to what this guy has. Just to give you faced them for a while, and we are fac- When they addressed Citizens United, a sense of perspective, human beings ing them again because, as you can see it was strictly from a legalistic aca- made their appearance on this planet from this chart, GDP growth, our eco- 200,000 years ago—less than half of demic viewpoint, and the decision re- nomic output, has decoupled from wage what it would take for this diligent and flected it because it was such a gross growth and job growth. That is what prudent family to raise what this fel- departure from where we have been as has happened in the United States. And low is worth. It gives you a sense of the a nation. the job of this Congress and the job of order of magnitude. A Presidential candidate may argue As some of my colleagues have said, this administration and our genera- that corporations are people. Our Su- one aspect that is really interesting tion’s job is to recouple this so that we preme Court, in Citizens United, said about this super PAC phenomenon is it have a rising middle class. And that is the views of corporations should be is a very small group of very wealthy what we should be spending our time treated like the views of people, like people who are contributing to it. It is on as we think about reforming our the free speech every American is guar- not most corporations. It is not some Tax Code and our regulatory code and anteed under our Constitution, and people who have some means. This is a our statute books. But there are some with just that twist of a phrase they tiny, tiny group of people who are com- folks around who aren’t necessarily all have literally changed the face of poli- mitted to a set of political outcomes in that interested in that because the cur- tics in America in a negative fashion. their economic interests that I am not rent system works pretty well for I would say the Citizens United case sure are in the same interests of most them. from the Supreme Court was as nega- of the folks who live in my State. I can’t tell you the number of times tive on the political process of America Again, we are not saying they can’t I have heard people say in this Cham- as the Dred Scott decision by the same do it. This bill doesn’t say they can’t ber that the government shouldn’t pick Supreme Court was on the social fabric do it. This bill just says: If you are winners and losers. That is really easy of America. What they have unleashed going to do it, you need to tell us who to say when you are on the winning with Citizens United is a force we have you are. We want to know who you are. side. We ought to have a set of rules never, ever seen before in American Step up and say why it is you are doing that are responsive to the needs of the politics. It is the force of anonymous, what you are doing. vast majority of American people— secret donors—people, oligarchs, mil- It is not surprising, by the way, that whether Republicans, Democrats, or lionaires and billionaires who are de- this problem has become enormous Independents—who together, no matter termined to impose their political will since this decision was made. In 2006, 1 where they are in the economic spec- on the body politic and will spend percent of donors were undisclosed; trum, all want essentially the same whatever it takes to achieve it. that was it. Ninety-nine percent were thing, which is to make sure we are not We are seeing it all across the coun- disclosed, and 1 percent was not dis- the first generation of Americans to try. There is not a single contested closed. It is even worse today. leave less opportunity, not more, to Senate race in which these super PACs

VerDate Mar 15 2010 05:24 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.064 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5021 have not arrived and spent $5, $10, $12, matter how often I study the issues and I also want to say something about $15 million already in negative adver- take the positions I think are meaning- those who are defending the secrecy of tising across this country—most of it ful and would resonate with voters, the the super PACs. In my hometown news- unaccounted for. fact is some super PAC could arrive to- paper and the newspapers in Chicago, The DISCLOSE Act, which brings us morrow, spend $1 million, and blow me after they print an article, they usu- together this evening, is very basic in away. That is a humbling thought for ally give local people a chance to anon- that people who give more than $10,000 someone deciding to engage in a race ymously comment. Occasionally, I read must disclose their identity. It applies for public office for the first time. the banter back and forth. It is amaz- to labor unions, corporations, every- I think this gets to the heart of what ing, the chest thumping, fire breathing one—it is across the board. Disclosure is wrong with politics in America—the they get in these comments from these used to be one of the tenets, one of the cost and nature of our political cam- anonymous pipsqueaks who do not pillars of the Republican position. paigns. It is a fact—we hear it every have the courage to disclose their own They used to say: Don’t limit what a day on the floor of the Senate—people names. I would say it should be a person can give as long as they disclose measure the gravity and importance of standard in American politics that if it in a timely fashion. votes in terms of their political im- someone feels strongly enough to put They amended their decision after pact. How many times have I heard their money on the line in a super Citizens United and lopped off the end someone cast a vote here and after- PAC, they ought to have the courage, of it: Don’t limit what a person can wards say: That will be a good 30-sec- and the law should require, that their give—period. They do not call for time- ond spot. We think about that because identity be disclosed as well. ly disclosure anymore. we know that is what our life experi- I see Senator STABENOW is here, and The DISCLOSE Act does. Why is it ence translates into—messages that I know she has a busy life of her own. important? It is important because can be delivered through the media to I am going to yield the floor to her. Americans have good judgment, and the voters. Now this outside force But I will say one more thing. they know if a person—for example, comes along and spends enormous I was invited to go on ‘‘The Daily the Koch brothers, the Koch brothers amounts of money, dramatically in- Show,’’ which a lot of people follow of Pennsylvania, if I am not mistaken, creasing the amount that has been closely, and I enjoy every time I watch. wherever their home is—they are inter- spent. Jon Stewart asked a question of me: If ested in energy and oil production. If As was said earlier, in 2006, outside you could pass one law that would they invest millions of dollars on be- groups spent $70 million to influence change politics for the better in Amer- half of a certain candidate, many vot- Federal midterm elections; 4 years ica, what would it be? ers will say: I wonder what that can- later super PACs, outside groups, spent I said: It may be a little egotistical of didate’s position is on the issues of the $294 million, four times as much. Trust me, but it would be a bill I have for tax treatment of oil companies, on en- me, it is on its way up. public financing of campaigns. I hon- What will the average family think ergy tax credits, and the like. So estly believe if we move to a stage about this? I said to my colleagues at Americans will ask the right question where we have public financing, short- lunch a few weeks back: I think the av- as long as they know who is behind the er campaigns, positive messages, real erage voter looks at this enormous issue. Under Citizens United there is no debates, it would enhance not only our wash of money coming into American compulsion. reputations with the voters of Amer- politics much the way they view gang- Senator BENNET of Colorado said just ica, it would enhance the institutions land killings. As long as they want to moments ago the Supreme Court made we are running for. kill one another off and I don’t have to it clear in the Citizens United decision Currently, we don’t have that. We hear the gunfire and my family is not that though they were unleashing the don’t have public financing. Maybe we in danger, let them have at it. Spend opportunity to contribute, they ex- never will. But while we have the cur- whatever you want, politicians versus pected there would be accountability— rent system of money being spent, let’s politicians. like the DISCLOSE Act. Unfortu- But the fact is this is going to be at least demand, as the DISCLOSE Act nately, they did not anticipate it would gunfire they are going to hear because does, that there be transparency and become a partisan issue, and virtually the net result of these super PACs and accountability for the good of our de- no Republicans have supported us. the money they spend will be decisions mocracy and for the good of the voters. Today when the vote was cast, not a on critical issues. Trust me, the people I yield the floor. single Republican would vote to bring who are pouring the money into the The PRESIDING OFFICER. The Sen- this bill to the floor for debate. super PACs have an agenda. It is an ator from Michigan. We are now in the midst of a Repub- agenda about the role of government, Ms. STABENOW. Mr. President, I lican filibuster on the DISCLOSE Act, what the Tax Code will look like, first thank Senator WHITEHOUSE for his another Republican filibuster. Not one whether certain corporations and spe- leadership. I am proud to join him and single Republican Senator would join cial interests will be treated in a better so many of my colleagues in supporting us in this effort to bring this bill to the way by the candidates who are bene- and cosponsoring the legislation in floor for debate, amendment, and a fited by super PACs. front of us. I thank the majority leader vote. We have seen so many Republican So though the average family may for his comments, and all of those who filibusters. Now we see this one. think it is just politicians squabbling care deeply about, frankly, our democ- The reason this is more important and wasting their own money, it is racy, which is what we are talking than most is it gets to the heart of our much worse. It, unfortunately, brings about this evening. political process. It isn’t a matter of us to the point where we have to worry I strongly believe in the DISCLOSE who spends what and how much in a about not who runs for office but, once Act and think it is critical as step 1. I campaign. I look at it in a little dif- elected, who will stay in office. think there is much more that needs to ferent perspective. I am concerned How about those in office? I have be done even as we go forward to add to about who will run for office. I used to thought about it myself. I am sure my this. But this is a very important, put myself in the category—I think it colleagues have. You cast a vote and basic standard of transparency. If still applies—of mere mortals who de- you think: I just opened the door for a someone spends $10,000 on ads trying to cide to get involved in politics. I do not super PAC to come in the next time I affect an election, people should know come from wealth. I am not a wealthy am up for election and nail me because who they are. It is just as simple as person. I have never relied on my per- I took them on. that. sonal wealth to get me elected. If I did, If we have reached the point where I think it is important for us to em- it wouldn’t last very long. Members of the Senate are quaking and phasize the fact that the majority of I wonder if people like me will ever quivering about the prospect of super the Senate this evening voted for this get engaged in politics after Citizens PAC money being spent against them, bill. The reason we did not pass the bill United. They have to stop and think: we are going to lose something very tonight is that the Republicans, col- No matter how many doors I knock on, important and fundamental in the leagues on the other side of the aisle, no matter how many hands I shake, no American body politic. are putting us in a situation where we

VerDate Mar 15 2010 05:24 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.066 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5022 CONGRESSIONAL RECORD — SENATE July 16, 2012 have to reach 60 votes and therefore, by for, whom they should support, how want to spend money against can- not doing that, they are filibustering they should be involved in elections. It didates and against Members who vote the bill. So they are blocking the bill. is about making sure we all know— for my bill. They are filibustering the bill. We have that the American people know—who We know big oil companies want to a majority. All we want is a vote. Give is spending the money so each Amer- keep taxpayer subsidies even though us a vote. If we had an up-or-down vote ican can make their own judgment they are the most profitable companies on this bill, this bill would have been about the agenda of the people who are in the history of the world. Probably passed. I think it is incredibly impor- spending the money and whether that when the tax incentives started in 1916, tant for everyone to understand that. reflects their own agenda and their it made a lot of sense for new and It is not that we do not have the sup- own values. emerging companies. It doesn’t make port. We have the votes. It was dem- This is simply about shining the sense today, from a taxpayer stand- onstrated this evening. light of day, opening up a process, point, to be paying high prices at the At the moment what we do not have transparency, so each of us can make pump from one pocket and subsidies to is the supermajority to get past a fili- our own judgments about whom we companies out of the other. We know buster. I urge everyone listening or choose to believe and not believe in they may very well want to spend watching tonight to contact their this political process. money to be able to keep those sub- Members, to urge them to support the When we run TV ads, the law requires sidies. Seventy-three percent of Ameri- effort to stop the filibuster—which is us to disclose. We go on at the end of cans want to end oil and gas subsidies, what we are talking about right now. the ad and say: I am Senator STABE- but the special interests are fighting to Unfortunately, for everyone in Amer- NOW, and I approved this message. Per- keep them. We know there is money ica, we know this is going to be the sonally, I don’t see why someone else being spent in the elections, secret most negative campaign cycle in the running it should not be doing that money, to support people who will keep history of the country. Secretly funded too. I know the sponsor of this bill those tax subsidies. negative ads with ominous music and agrees with that as I know do my col- So the question is: Why is this in the shadowy figures and vicious attacks leagues on this side of the aisle. But we public interest? In America, the great- are going to fill our living rooms for are not even asking that. We are sim- est democracy in the world, why in the the months between now and the elec- ply saying if someone spends $10,000 or world are we letting this happen? Our tion. In fact, in many States that has more, they need to disclose it. They democracy is not for sale. It should not already been happening very intensely. need to put it on a Web site so the pub- We know why. We have been talking be for sale, and we are fighting to make lic has the opportunity to know who about that—a Court decision that has sure it is not for sale. The people of our they are and how much they are spend- tied money to free speech, corporations country are the ones who have the ing. power to decide who represents them, are people, money equals free speech. There are a couple of brothers we That creates a situation where now we and it should not be a group of anony- talk about a lot now because of the are being told through the Supreme mous billionaires somewhere who are money they have been openly talking Court ruling in Citizens United that able to do that. about spending. It has been in the pa- we, in fact, cannot put limits on cor- So when those billionaires want to pers. Certainly, it has been in the porate money or union money or any buy attack ads and influence our votes, media for months—two gentlemen other kind of dollars coming in because the least they can do is have the cour- called the Koch brothers who have been it is under the category of free speech. age to come forward and say how much It has opened the floodgates for se- spending millions and millions of dol- they are spending and put their name cret money allowing special interests— lars. I don’t know what the final num- to it and be able to have to disclose and that is who is spending the money, bers will be. I have seen numbers that that to everybody. The American peo- special interests with their own agen- show each of the two of them say they ple have a right to know. The people in da—to spend unlimited funds to essen- want to spend $200 million, $400 million Michigan have the right to know. We tially buy elections, buy a U.S. Senate together. have already seen millions of dollars that works for them, a U.S. House of I don’t know, maybe more to impact being spent in Michigan, and people Representatives, a Presidency that the elections. I think it is a important have the right to know who is spending works for them. It is not the majority for the people in Michigan, the people that money. What is their background? of Americans, not the folks who got up of Rhode Island, the people in Colo- What is their interest? They need to this morning and went to work. Maybe rado, and across the country to know know so they can make their own judg- they took a shower before work, but they are doing that. They should know ment about whether it has any credi- maybe they took a shower after work— who they are and how much is being bility. the folks working very hard every day, spent in order to make a judgment The 2010 midterm election saw a trying to hold it together, who have about how they are choosing to spend more than 400-percent increase in been through the toughest recession we their money. If someone, whoever it is, spending from what has been called the have seen since the Great Depression, is spending $10,000 on influencing elec- super PAC. That is a 400-percent in- who have most likely struggled with tions through ads, Americans have a crease in spending 2 years ago. their house underwater and credit card right to know. The PRESIDING OFFICER. The Sen- debt too high and trying to piece to- We know right now from the way we ator’s 10 minutes has expired. gether one or two or three part-time have been able to piece together what Ms. STABENOW. Mr. President, if I jobs to hold things together for their is happening that we are talking about might just have 1 more minute. families. They are not the ones who are big, wealthy, special interest. It is no The PRESIDING OFFICER. Without funding these secret ads. It is not their surprise as to who is spending the objection, it is so ordered. secret money. money. What is their motivation? Ms. STABENOW. Let me indicate What we know so far is that over half What are they trying to buy? I know also that in the first 4 months of this the money that has come in has been there are those who would like to keep year, 90 percent of all outside money from 17 multimillionaires in our coun- special tax breaks for shipping jobs being spent on this coming November try. When we think about that, it is overseas. We are going to have a Presidential election was secret. Again, pretty worrisome. When we think chance, once we complete this debate, that is 90 percent of what was spent in about the fact that 17 or 18 or 20 people to vote on legislation of mine called just the first 4 months of this year was in our country could decide to buy a the Bring Jobs Home Act. There are secret. This is about openness, trans- form of government that works for those who don’t want us to eliminate parency, and whether everyone in our them, that is certainly not a democ- the tax break that allows folks who are country is going to have the oppor- racy. I think this bill is part of an ef- shipping jobs overseas to write it off tunity to have information to make fort that we are all working to achieve, their taxes, which I find outrageous. their own judgments. We need to be al- to protect the basics of our democracy. There are folks on the other side ship- lowed to pass this bill. We need an up- It is not about making judgments for ping jobs overseas who want to keep or-down vote on this issue. We need to people about whom they should vote that tax break, and they may very well stop the filibuster that is happening by

VerDate Mar 15 2010 05:24 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.067 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5023 the Republicans on the other side of fective lobbying to serve as the voice, as well of crack cocaine distribution from 100 times the aisle. Stop blocking the bill. Let us as the shield, for minorities in the United that of people convicted of distributing the vote on it. We have the votes to get it States; drug in powdered form to 18 times that sen- passed. The American people deserve to Whereas after years of fighting segregation tence: Now, therefore, be it in public schools, the NAACP, under the Resolved, That the Senate— have this passed. leadership of Special Counsel Thurgood Mar- (1) recognizes the 103rd anniversary of the I yield the floor. shall, won one of its greatest legal victories historic founding of the National Association The PRESIDING OFFICER. The Sen- in the decision issued by the Supreme Court for the Advancement of Colored People; and ator from Rhode Island. in Brown v. Board of Education (347 U.S. 483 (2) commends the National Association for Mr. WHITEHOUSE. Mr. President, I (1954)); the Advancement of Colored People on the know we have Senator HAGAN, Senator Whereas in 1955, NAACP member Rosa occasion of its anniversary for its work to BENNET, and Senator FRANKEN all here Parks was arrested and fined for refusing to ensure the political, educational, social, and waiting, but I would like to do some give up her seat on a segregated bus in Mont- economic equality of all people. quick parliamentary business that gomery, Alabama, an act of courage that S. RES. 521 would serve as the catalyst for the largest needs to be accomplished. (Designating September 2012 as ‘‘National grassroots civil rights movement in the his- Spinal Cord Injury Awareness Month’’) RESOLUTIONS SUBMITTED TODAY tory of the United States; Mr. WHITEHOUSE. Mr. President, I Whereas the NAACP was prominent in lob- Whereas the estimated 1,275,000 individuals ask unanimous consent that the Sen- bying for the passage of— in the United States who live with a spinal cord injury cost society billions of dollars in ate proceed to the immediate consider- (1) the Civil Rights Act of 1957 (Public Law 85–315; 71 Stat. 634); health care costs and lost wages; ation en bloc of the following resolu- (2) the Civil Rights Act of 1960 (Public Law Whereas an estimated 100,000 of those indi- tions which were submitted earlier 86–449; 74 Stat. 86); viduals are veterans who suffered the spinal today: S. Res. 520, 521, 522, and 523. (3) the Civil Rights Act of 1964 (Public Law cord injury while serving as members of the The PRESIDING OFFICER. Without 88–352; 78 Stat. 241); United States Armed Forces; objection, it is so ordered. The Senate (4) the Voting Rights Act of 1965 (42 U.S.C. Whereas accidents are the leading cause of will proceed to the resolutions en bloc. 1973 et seq.); spinal cord injuries; Mr. WHITEHOUSE. Mr. President, I (5) the Fannie Lou Hamer, Rosa Parks, Whereas motor vehicle crashes are the sec- Coretta Scott King, Ce´sar E. Cha´ vez, Bar- ask unanimous consent that the reso- ond leading cause of spinal cord and trau- bara C. Jordan, William C. Vela´ squez, and matic brain injuries; lutions be agreed to, the preambles be Dr. Hector P. Garcia Voting Rights Act Re- Whereas 70 percent of all spinal cord inju- agreed to, the motions to reconsider be authorization and Amendments Act of 2006 ries that occur in children under the age of laid upon the table en bloc, with no in- (Public Law 109–246; 120 Stat. 577); and 18 are a result of motor vehicle accidents; tervening action or debate, and any (6) the Fair Housing Act (42 U.S.C. 3601 et Whereas every 48 minutes a person will be- statements related to the resolutions seq.); come paralyzed, underscoring the urgent Whereas in 2005, the NAACP launched the be printed in the RECORD at the appro- need to develop new neuroprotection, phar- Disaster Relief Fund to help hurricane sur- macological, and regeneration treatments to priate place as if read. vivors rebuild their lives in the States of The PRESIDING OFFICER. Without reduce, prevent, and reverse paralysis; and Louisiana, Mississippi, Texas, Florida, and Whereas increased education and invest- objection, it is so ordered. Alabama; ment in research are key factors in improv- The resolutions were agreed to. Whereas in the 110th Congress, the NAACP ing outcomes for victims of spinal cord inju- The preambles were agreed to. was prominent in lobbying for the passage of ries, improving the quality of life of victims, The resolutions, with their pre- H. Res. 826, the resolved clause of which ex- and ultimately curing paralysis: Now, there- ambles, read as follows: presses that— fore, be it (1) the hanging of nooses is a horrible act S. RES. 520 Resolved, That the Senate— when used for the purpose of intimidation; (Commending the National Association for (1) designates September 2012 as ‘‘Spinal (2) under certain circumstances, the hang- Cord Injury Awareness Month’’; the Advancement of Colored People on the ing of nooses can be criminal; and occasion of its 103rd anniversary) (2) supports the goals and ideals of Spinal (3) the hanging of nooses should be inves- Cord Injury Awareness Month; Whereas the National Association for the tigated thoroughly by Federal authorities, (3) continues to support research to find Advancement of Colored People (referred to and any criminal violations should be vigor- better treatments, therapies, and a cure for in this preamble as the ‘‘NAACP’’), origi- ously prosecuted; paralysis; nally known as the National Negro Com- Whereas in 2008, the NAACP vigorously (4) supports clinical trials for new thera- mittee, was founded in New York City on supported the passage of the Emmett Till pies that offer promise and hope to those February 12, 1909, the centennial of the date Unsolved Civil Rights Crime Act of 2007 (28 persons living with paralysis; and on which President Abraham Lincoln was U.S.C. 509 note), a law that puts additional (5) commends the dedication of local, re- born, by a multiracial group of activists who Federal resources into solving the heinous gional, and national organizations, research- met in a national conference to discuss the crimes that occurred during the early days ers, doctors, volunteers, and people across civil and political rights of African-Ameri- of the civil rights struggle that remain un- the United States that are working to im- cans; solved and brings those who perpetrated prove the quality of life of people living with Whereas the NAACP was founded by a dis- those crimes to justice; paralysis and their families. tinguished group of leaders in the struggle Whereas the NAACP has helped usher in S. RES. 522 for civil and political liberty, including Ida the new millennium by charting a bold Wells-Barnett, W.E.B. DuBois, Henry course, beginning with the appointment of (Designating September 2012 as ‘‘National Moscowitz, Mary White Ovington, Oswald the youngest President and Chief Executive Child Awareness Month’’ to promote Garrison Villard, and William English Officer in the history of the organization, awareness of charities benefitting children Walling; Benjamin Todd Jealous, and its youngest fe- and youth-serving organizations through- Whereas the NAACP is the oldest and larg- male Board Chair, Roslyn M. Brock; out the United States and recognizing ef- est civil rights organization in the United Whereas under the leadership of Benjamin forts made by those charities and organiza- States; Todd Jealous and Roslyn M. Brock, the tions on behalf of children and youth as Whereas the NAACP National Head- NAACP has outlined a strategic plan to con- critical contributions to the future of the quarters is located in Baltimore, Maryland; front 21st century challenges in the critical United States) Whereas the mission of the NAACP is to areas of health, education, housing, criminal Whereas millions of children and youth in ensure the political, educational, social, and justice, and the environment; the United States represent the hopes and economic equality of rights of all people and Whereas on July 16, 2009, the NAACP cele- future of the United States; to eliminate racial hatred and racial dis- brated its centennial anniversary in New Whereas numerous individuals, charities crimination; York City, highlighting an extraordinary benefitting children, and youth-serving orga- Whereas the NAACP is committed to century of ‘‘Bold Dreams, Big Victories’’ nizations that work with children and youth achieving its goals through nonviolence; with a historic address from the first Afri- collaborate to provide invaluable services to Whereas the NAACP advances its mission can-American President of the United enrich and better the lives of children and through reliance on the press, the petition, States, Barack Obama; youth throughout the United States; the ballot, and the courts; Whereas as an advocate for sentencing re- Whereas raising awareness of, and increas- Whereas the NAACP has been persistent in form, the NAACP applauded the enactment ing support for, organizations that provide the use of legal and moral persuasion, even of the Fair Sentencing Act of 2010 (Public access to healthcare, social services, edu- in the face of overt and violent racial hos- Law 111–220; 124 Stat. 2372), a landmark piece cation, the arts, sports, and other services tility; of legislation that reduces the quantity of will result in the development of character Whereas the NAACP has used political crack cocaine that triggers a mandatory and the future success of the children and pressure, marches, demonstrations, and ef- minimum sentence for a Federal conviction youth of the United States;

VerDate Mar 15 2010 06:19 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.068 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5024 CONGRESSIONAL RECORD — SENATE July 16, 2012 Whereas the month of September, as the uals who have suffered as a result of a wild- cently, leading Democrats welcomed the school year begins, is a time when parents, fire. chance to build up their favorite boogeyman. families, teachers, school administrators, Mr. WHITEHOUSE. In conclusion, I Harry Reid, the Senate majority leader, said and communities increase their focus on note that S. Res. 520 recognizes the Mr. Norquist has ‘‘the entire Republican children and youth throughout the United party in the palm of his hand.’’ A spokes- States; 103rd anniversary of the founding of woman for Nancy Pelosi, the House minority Whereas the month of September is a time the NAACP, which for reasons I will leader, said Mr. Norquist—who is famous for for the people of the United States to high- discuss later, is an interesting irony in getting lawmakers to pledge not to support light and be mindful of the needs of children today’s debate coming from the Repub- tax hikes or deficit reduction that is paired and youth; lican side. with revenue increases—was coming to give Whereas private corporations and busi- I will now yield to Senator BENNET of the G.O.P. its ‘‘marching orders.’’ But this story is utterly false. Senate Re- nesses have joined with hundreds of national Colorado, and he will be followed by and local charitable organizations through- publicans—and many House Republicans— Senator HAGAN. have repeatedly rejected Mr. Norquist’s out the United States in support of a month- The PRESIDING OFFICER. The Sen- long focus on children and youth; and strict interpretation of his own pledge, a Whereas designating September 2012 as ator from Colorado. reading that requires them to defend every ‘‘National Child Awareness Month’’ would Mr. BENNET. I wish to thank the loophole and spending program hidden in the tax code. While most Republicans do, of recognize that a long-term commitment to Senator from Rhode Island for his lead- course, oppose tax increases, they are hardly children and youth is in the public interest, ership and my other colleagues who are the mindless robots Democrats say they are. and will encourage widespread support for out here tonight. What the narrative does, however, is let charities and organizations that seek to pro- I wish to be clear again about what Democrats off the hook. If they can make vide a better future for the children and this bill is. First of all, it is very clear out Republicans as uncompromising youth of the United States: Now, therefore, it is constitutional. In the Supreme ideologues, they can continue refusing to be it Court, eight of nine Justices have said offer detailed plans to reform entitlement Resolved, That the Senate designates Sep- programs. That is the real obstacle to a tember 2012 as ‘‘National Child Awareness that. As I listen to the debate tonight, I also think people at home should grand bargain on spending, not Mr. Month’’— Norquist’s pledge. (1) to promote awareness of charities bene- know this is about a few actors in the Consider the evidence: I recently proposed fitting children and youth-serving organiza- country who have been allowed to amendments to end tax earmarks for movie tions throughout the United States; and spend wild amounts of money without producers and the ethanol industry. Mr. (2) to recognize efforts made by those char- saying who they are. This doesn’t pre- Norquist charged that those measures would ities and organizations on behalf of children vent them from spending the money. It be tax hikes unless paired with dollar-for- and youth as critical contributions to the fu- simply says they need to say who they dollar rate reductions. And yet all but six of ture of the United States. the 41 Senate Republicans who had signed S. RES. 523 are. his pledge voted for my amendments. My sense, having spent time with (Recognizing the heroic efforts of firefighters Those 35 Republican pledge-violators are and military personnel in the United people who are often asked to con- hardly soft on taxes. Rather, they under- States to contain numerous wildfires that tribute to these campaigns, is that peo- stand that the tax code is riddled with spe- have affected tens of thousands of people) ple who have the means to spend $10,000 cial-interest provisions that are merely on political activity, by and large, spending by another name. If asked to elimi- Whereas firefighters and residents of the nate earmarks for things like Nascar, the United States have contended with extreme would actually like this disclosure re- tackle-box industry or Eskimo whaling cap- and erratic fire behavior and rapid rates of quirement. The reason they would like tains—all of which are actual tax ‘‘breaks’’— fire spread; this disclosure requirement is so they most of my colleagues would be embarrassed Whereas, as of July 12, 2012, more than can say to people who are trying to list to demand dollar-for-dollar rate reductions, 31,754 wildfires have burned more than them and distorting our politics and and rightly so. 3,281,008 acres of land, resulting in a dev- having them pay for negative attack As a result, rather than forcing Repub- astating loss of life and property; licans to bow to him, Mr. Norquist is the one Whereas, as of July 12, 2012, firefighters ads they don’t agree with and they who is increasingly isolated politically. For have battled fires all across the Nation, in- don’t think are true, could say no be- instance, while his organization, Americans cluding— cause they know they could say to the for Tax Reform, was calling my ethanol (1) 1,637 fires that have burned more than people: I am not going to sign up for amendment a tax hike, the Club for Growth, 516,482 acres in the Southwest United States; that because I don’t want to put my which is far more influential among conserv- (2) 13,584 fires that have burned more name on that. ative lawmakers, endorsed my amendment than 291,957 acres in the Southern United There is an enforcement mechanism I outright. What’s more, my colleagues have repeat- States; think virtually everybody in America (3) 3,178 fires that have burned more than edly rejected Mr. Norquist’s demand that Re- 819,345 acres in the Northern and Central would support and certainly at home publicans walk away from any grand bargain Rocky Mountain region of the United States; would support. I would argue the only on the deficit that includes even a penny of (4) 4,963 fires that have burned more than place in America that anybody would new revenue. Speaker of the House John A. 975,669 acres in the State of California and think that spending vast amounts of Boehner, who calls Mr. Norquist ‘‘some ran- the Great Basin region of the United States; money by a small group of people with- dom person,’’ offered to trade revenue in- (5) 787 fires that have burned more than creases for entitlement reform in talks with out having to tell us who they are the White House last summer. Republicans 595,096 acres in the State of Alaska and the makes sense, and that is right here in Northwest United States; and on the National Commission on Fiscal Re- Washington, DC. Maybe some people sponsibility and Reform made a similar (6) 7,605 fires that have burned more than offer, as did Senator Pat Toomey, Repub- 82,459 acres in the Eastern United States; and will benefit from making the ads or lican of Pennsylvania, during last year’s def- Whereas, the brave men and women who those who are paid to place the ads on icit supercommittee negotiations. My col- fight wildfires on a daily basis help minimize television. But otherwise, it is hard to find anybody who would think this leagues, by and large, know that doing noth- the displacement of individuals and protect ing to confront our fiscal challenges would against the loss of life and property: Now, wasn’t in their interest and certainly mean an automatic tax increase and a cut to therefore, be it not in their children’s interest. entitlement programs. Resolved, That the Senate— I ask unanimous consent to have The problem with the pledge is that it is (1) recognizes the heroic efforts of fire- printed in the RECORD Senator powerless to prevent future automatic tax fighters and military personnel to contain increases and has failed to restrain past wildfires and protect lives, homes, natural COBURN’s column in the op-ed page of the New York Times where he lays out spending. The ‘‘starve the beast’’ strategy to resources, and rural economies throughout shrink the size of the federal government by the United States; in a very succinct and compelling view cutting revenue but not spending was a dis- (2) encourages the people and Government some of the things that are wrong with aster. Every dollar we borrow is a tax in- of the United States to express their appre- this place. crease on the next generation. ciation to the brave men and women in the There being no objection, the mate- And in a debt crisis, higher interest rates firefighting services throughout the United rial was ordered to be printed in the and the debasement of our currency would be States; RECORD, as follows: additional tax hikes. In that sense, no one is (3) encourages the people and communities doing more to violate the spirit of the pledge of the United States to act diligently in pre- NORQUIST’S PHANTOM ARMY than Mr. Norquist himself, who is asking Re- venting and preparing for a wildfire; and (By Tom Coburn) publicans to reject the very type of agree- (4) encourages the people of the United When the antitax lobbyist Grover G. ment that could prevent future tax in- States to keep in their thoughts the individ- Norquist made a visit to Capitol Hill re- creases.

VerDate Mar 15 2010 05:24 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JY6.010 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5025 What unifies Republicans is not Mr. playing out on the Senate floor. They campaigns rather than promote the so- Norquist’s tortured definition of tax purity don’t recognize the convictions they cial welfare of our citizens. but the idea of a Reagan- or Kennedy-style have or the aspirations they have for In 2006, outside groups spent $69 mil- tax reform that lowers rates and broadens the communities or the debate they are lion on political campaigns. Only 1 per- the tax base by getting rid of loopholes and cent, $690,000 in 2006, of that funding deductions. It’s true that Republicans would having. It is a natural reaction for peo- prefer to lower rates as much as possible, ple to say: I don’t want any part of came from undisclosed sources. and it’s true that Republicans believe smart that. By comparison, in 2010, the amount tax reform will generate more, not less, rev- As DICK DURBIN was saying, somehow of outside group spending on political enue for the federal government. But Repub- this is a knife fight that has nothing to campaigns skyrocketed to $305 million, licans would not walk away from a grand do with me, and I am not going to pay and the sources of 44 percent of that bargain on entitlements and tax reform that attention to it. The problem is, as with money were not disclosed. So in 4 would devote a penny of revenue to deficit any fight such as that, what we end up years’ time, the amount of undisclosed reduction instead of rate reduction. doing is ducking and covering because dollars grew exponentially from 1 per- Free-market conservatives have repeatedly cent to almost half of all outside polit- given openings to Democrats that they have that is what we have to do in order to chosen to ignore. The president, for instance, stay out of the way. That isn’t going to ical spending. knows that his calls to raise taxes on earn- put us in the position of being able to This year, outside group spending is ings over $250,000, which follows his gim- deliver on the promise of generation projected to rise at an astounding rate, micky Buffett Rule, is a nonstarter unless after generation of Americans to make and we are certainly seeing it now. Of paired with fundamental tax and entitlement sure the folks coming after us actually the $140 million raised by super PACs reform. have more opportunity, not less, than thus far, 82 percent has come from se- The majority of Democrats and Repub- cret donors. That is shocking, and we licans understand the severity of our eco- we had. Remember, this is a tiny proposal. know it is growing. nomic challenges. They know they have to In North Carolina, the story is no dif- This is simply requiring disclosure. It put everything on the table and make hard ferent. Last week, the Charlotte Ob- choices. Legislators who would rather foster is not even requiring a disclaimer. server reported that ‘‘more than any political boogeymen only delay those crit- Frankly, if it were up to me, I would congressional battle in the south . . . ical reforms. want people who funded these commit- North Carolina’s 8th District has be- Mr. BENNET. It also calls for the tees to have to stand up at the end of come a magnet for money.’’ And that is kind of principled leadership we are the ads to say: I am John Smith or I outside money. In that same article, going to apply in order to solve the am Mary Jones, and I paid for this ad. the newspaper reported that only two challenges we face with respect to our But this bill doesn’t even do that. All other districts in the entire country debt and deficit to get this economy it says is they have to say who they have seen more outside spending than moving again. It includes recoupling are. I think poll after poll shows that the $1.6 million poured into the eighth rising wages and job growth to our eco- 90 percent of Americans, Democrats, congressional district. The two can- nomic growth, energy policy, educating Republicans, Independents, agree with didates themselves have only spent $1 our kids in the 21st century. It is all that. million through the end of June. the things people at home want us to This is one issue where the sort of op- Let me point out that this level of be working on. tical issues that happened somehow on spending is for a runoff primary elec- In a State such as mine that is one- the beltway ought to not lead us to a tion in a mostly rural part of North third Republican, one-third Demo- place where we obscure the vision of Carolina. I cannot imagine what the cratic, and one-third Independent, the American people, which on this general election race will look like. there is not that much difference in issue is as clear as can be. We have to The level of secret, anonymous opinion about what the solutions ought get this done and get on to the rest of money influencing our political elec- to be. the business at hand. tions is breathtaking. America’s cam- The reason I support the DISCLOSE I yield the floor. paign finance process should and must Act is that I think it is one important The PRESIDING OFFICER. The Sen- be transparent. Of course, every Amer- step. It is certainly not the only step, ator from North Carolina. ican, including the wealthiest among but it is one important step toward re- Mrs. HAGAN. Mr. President, I too us, has the right to have his or her coupling the conversation we are hav- echo the comments of the Senator from voice heard, but those spending huge ing in Washington and to recoupling Colorado, and I thank the Senator from amounts of money to influence elec- the priorities that are in Washington. Rhode Island for bringing this bill for- tions should not hide their activities. Maybe it is better to say it this way: to ward and for putting together what the Information on who is funding political recouple the priorities the people have American people expect from people advocacy should be available to the at home to the work being done or not who donate to campaigns. public so voters can ultimately make done in Washington, DC. Today, I join my colleagues, as I did fully informed decisions. We should pass this bill and get on 2 years ago, to discuss the state of The DISCLOSE Act would take a with the people’s business. campaign finance and reflect on what I step in the right direction to ensure ac- The PRESIDING OFFICER. The Sen- think is a dark cloud that has been countability in our system. The bill ator from Rhode Island. cast over our Nation’s election system. would institute comprehensive disclo- Mr. WHITEHOUSE. Mr. President, The Supreme Court’s decision in Citi- sure requirements on corporations, on may I ask the Senator from Colorado zens United created a watershed effect unions, and other organizations that that in an environment in which the in our elections process. The decision spend money on Federal election cam- bulk of the political spending is being eviscerated decades of campaign fi- paigns. By increasing the transparency done by outside groups and the bulk of nance law that was in place for the of campaign spending by these groups, the outside spending groups is secret, purpose of making sure the American the DISCLOSE Act seeks to prevent what is the likelihood of those goals people, not special interests, decided unregulated and unchecked power over being accomplished with the best inter- our elections. It was 2 years ago that I our elections by a handful of wealthy ests of the American people in mind expressed my deep concern that this corporations and individuals. and not with the best interests of the ruling would weaken the voice of the Right now, the voices of ordinary special interests behind those secret American people in elections, and I am Americans—of ordinary North Caro- donations in mind? afraid my fear and the fears of many linians—are being drowned out by se- Mr. BENNET. I thank the Senator for others have come true. cret money. North Carolina deserves his question. I think it is going to be Since the ruling, many political better and our country deserves better. made much more difficult. There are operatives have established nonprofit That is why I am cosponsoring the plenty of people I know at home who proposed social welfare organizations DISCLOSE Act. The voices of North watch the stuff going on, on TV, and under 501(c)(4) of the Tax Code. These Carolinians—not the voices of a few they don’t recognize themselves and groups utilize a loophole in the Tax wealthy companies and individuals— the cartoon that is playing. Sometimes Code to receive huge, secret donations should determine the outcome of our they don’t recognize their priorities intended solely to influence political elections.

VerDate Mar 15 2010 05:50 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.070 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5026 CONGRESSIONAL RECORD — SENATE July 16, 2012 I will continue to work with my col- could make judgments accordingly. If opinions. Corporations are not people. leagues here in the Senate to protect someone thought an add was too nasty, They exist as people only in legal fic- the integrity of the elections process. they could vote against the candidate tion. We came very close last time, with 59 who ran it. That is the whole point, I would note the first amendment votes. We were one vote away. I hope forcing us as candidates to own our states: ‘‘Congress shall make no law my colleagues on both sides of the aisle ads, to say, ‘‘I am Chris Coons and I ap- . . . abridging the freedom of speech, or will join this effort to achieve a fair proved this ad.’’ We all know as can- of the press.’’ If freedom of speech in- and transparent elections process. didates who have stood before our elec- cluded fictional entities, nonhuman en- I yield the floor. torate how it feels to put our personal tities such as corporations, there would The PRESIDING OFFICER (Mr. name, our face, to an ad that might be have been no reason to separately af- BEGICH). The Senator from Rhode Is- hitting a little too hard, and that pulls firm that the press also enjoyed that land. us back from sometimes overreaching. freedom granted to real, living, breath- Mr. WHITEHOUSE. Mr. President, But what we are here to talk about ing individuals. In my view, then, Citi- Senator COONS will be joining us very tonight is the whole new world that zens United was wrongly decided. shortly. He was on the floor a moment has been unleashed by a Supreme Court As shown through a long line of legis- ago and will be back very shortly. I decision. In my view, the basic right of lative and judicial interpretation, a wish to take a moment before he re- every American to free and fair elec- view of corporations as having first turns—here he is. I will not take a mo- tions has been compromised by a new amendment rights that are limited, ment before he returns. flood of tens of hundreds of millions of and can and should be limited more I yield the floor to the Senator from dollars from wealthy individuals, from than can be limited for real, living, Delaware. I await hearing from him. corporations, from shadowy national breathing individuals, has remained The PRESIDING OFFICER. The Sen- special interest groups, since the Su- the dominant one throughout our mod- ator from Delaware. preme Court, through Citizens United, ern history. Mr. COONS. Mr. President, I rise opened these floodgates to unlimited In 1907, the Tillman Act prohibited today to join the chorus of voices from secret campaign activities, threatening campaign contributions by corpora- our caucus who have tonight spoken to to overwhelm the fundamental trust of tions. In 1947, the Taft-Hartley Act pro- the value, to the importance of trans- our constituents and the transparency hibited expenditures and the applica- parency in elections. Transparency, as so essential to our democracy. tion of this law further. It was upheld we all know, is critical for free and fair As a lawyer, Citizens United was one by the Court in 1957 in U.S. v. Auto- elections and for democracy to func- of the most surprising Supreme Court mobile Workers. When the Supreme tion, because the people of this coun- decisions of my life, because it radi- Court first made the leap from the ex- try—the voters, the constituents, those cally upended settled constitutional penditure/contribution distinction in whom we serve and those who hire and understanding as well as bipartisan Buckley v. Valeo in 1971, even then it fire all who serve them at Federal and agreement that had been reached here left intact the longstanding distinction State and local offices—need to know in the Senate regarding appropriate between the first amendment rights of who they represent, who is funding limitations on corporate speech. When living, breathing individuals and cor- their campaigns, what goals they will the McCain-Feingold law passed in porations—legal fictional entities. pursue in office, and whether the ends 2002, 6 years prior, it showed a strong In the 1982 case of FEC v. National serve their interests. Tonight, as the bipartisan intent to rein in corporate Right to Work Committee, Justice Presiding Officer knows all too well, spending, to rein in and manage spend- Rehnquist wrote for a unanimous colleagues have joined to speak in sup- ing by interests of all kinds in politics. Court that it was proper to treat cor- port of the DISCLOSE Act—a bill that That is why I was shocked when, in the porations more restrictively than peo- would make important progress toward opinion in Citizens United, it was ple. Oh, how I wish that were the ma- clearing away the clouds that have joined by the so-called ‘‘originalist’’ or jority opinion of the Court today. been laid on the face of the American ‘‘strict constructionist’’ members of The further analysis in 1986 in FEC v. body public because of the decision of the Court. The originalist mode of in- Massachusetts Citizens for Life, though Citizens United. terpretation of the Constitution at- striking down restrictions on speech by The integrity and the fairness of our tacks every question by asking a com- a pro-life organization, actually under- elections is at the very heart of Amer- mon question: Would the Framers have scored the original understanding that ican democracy. It is in some ways the thought the action or law being chal- when the Constitution protects cor- proudest legacy of our Founding Fa- lenged before the Supreme Court is porate speech, it only does so as a thers and, in my view, a beacon to the constitutional? proxy for the underlying free speech rest of the world. A difficult, a regular That is why, if one had asked me in rights of real, living, breathing individ- part of modern electioneering, of mod- 2008, looking at Citizens United and at uals. In that case, a nonprofit orga- ern campaigns, is campaign ads. In the issues presented to the Court, nized and funded specifically for the fact, many of us spend a huge amount whether an originalist interpreting the purpose of bringing about a political of our time raising the money and de- first amendment would have found the goal—pro-life policies—was seen as livering the content to connect with corporate electioneering regulations having free speech rights only because our constituents through television. I this body had adopted in McCain-Fein- of the rights of those individuals who am blessed to represent a small State— gold to be valid, it seems to me there funded it and organized it. When we roughly 800,000 souls—so we actually was only one possible answer, and that talk about a corporation’s first amend- get to campaign door to door, to go was yes. ment rights, then, we should be using door-knocking, to meet people in per- Our Founding Fathers recognized shorthand for the first amendment son in my State. But, still, television corporations are creatures not en- rights of those who are its shareholders ads play a very important part. In dowed, as the rest of us are, with in- or who own it or who control it. other larger States, folks will often alienable rights. They are, rather, fic- The corporate/individual distinction never even meet in person the can- tional, legal creatures—creatures of was even again affirmed as recently as didates for offices in the House and in legislative grace. Were this not the 1990 in the Austin case. the Senate or for President, and tele- case, the corporation by the name of The constitutional history of limita- vision ads there dominate the whole Citizens United—the corporation that tions on corporate speech was so clear campaign election process. No one was at issue in this decision—wouldn’t that the Supreme Court had upheld the likes campaign ads, but they are a part have stopped at simply making a McCain-Feingold Act in 2003, just 6 of our politics, and an effective and, movie attacking Hillary Clinton, but years before they struck it down. What sadly, a powerful part as well. would have actually cast a vote against possibly could have changed in those For most of our modern political his- Hillary Clinton. Of course, it couldn’t. intervening years that would be so con- tory, voters at least knew who the ads Corporations don’t have bad hair days; vincing to an originalist mindset? I were coming from—the candidates and corporations don’t have tasteless ties; don’t know. In my view, this decision the parties that supported them—and corporations don’t have moods and did not make sense. But I do know that

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That those exact words in 1997, and I agree like. has shifted to today, sadly, a starkly with them today. ‘‘Disclosure’’ he said, This same study from the Wesleyan partisan issue. ‘‘is the best disinfectant.’’ Media Project bears that out. It found As we have seen today, Senator after Earlier today I had the honor of pre- that 86 percent of the ads the super Senator of the other party has risen to siding, as you do now, Mr. President, PACs and interest groups have run dur- speak about lots of issues, but none has and I got to listen to the Republican ing this cycle have been negative. Is addressed head-on why disclosure is no minority leader speak against disclo- there any wonder then that our cam- longer in the best interests of our citi- sure. There are many other issues to paigns, our politics, our culture has be- zens, why transparency is no longer es- which we can and should turn. There come more steadily divisive and on this sential to democracy. Yet Democrat are many other important issues before floor more consistently divided? after Democrat, Senator after Senator our country, and he raised them all in There are no centrist super PACs. from my side of the aisle, has risen to turn. But the thing I had the hardest There are no (c)(4)s that are deter- stand firmly with those organized by time with was his leading the other mined to fund a message about bring- Senator WHITEHOUSE who has led so caucus, one after the other, to speak ing America together. These super ably this discourse on the floor today, against, to vote against disclosure— PACs are designed to divide us, and who view the DISCLOSE Act not as something he himself, the Republican they are doing a great job. curing the errors of Citizens United but leader, spoke so forcefully in favor of At the end of the day, one of the as striking one important blow, to rip- as recently as 1997: ‘‘Disclosure is the questions we have to have for the citi- ping the cover off the millions of dol- best disinfectant.’’ Back then, the talk- zens of America is, what does this lars in secret contributions that today ing points for the other caucus were: mean for you? What does it mean to have tens or hundreds of millions of I think threaten to swamp our elec- Spend all you want. There should be no dollars pouring into negative ads, driv- toral ship. limits on campaign contributions as If the Citizens United case has tilted long as there is disclosure. Disclosure ing the outcome of elections at the elections toward those with the money will keep things open and fair. State and Federal level that simply di- to buy them, the DISCLOSE Act is to Sadly, today, even that small meas- vide us? It means more partisanship. It me an opportunity to level the playing ure of rationality has been openly means more rancor. It means less field a little bit. Instead of with abandoned. Voters in my home State progress. It means fewer problems solved. money, it arms voters with informa- do not want secret spending clouding If the intentions of these super PACs, tion. the legitimacy of our elections. They of these special (c)(4)s, were so posi- The DISCLOSE Act does just what want to exercise this most basic Amer- tive, then why would they need to hide its name suggests: It requires disclo- ican right out in the sunshine—with whom they were supporting? Why sure. It requires any covered organiza- knowledge, with information about would they need to conceal the pur- tion, including unions, corporations, who backs whom—just as, I believe, poses of the ads they support? and super PACs, which spends $10,000 or our Founders intended. Let me, if I might for a few moments, more on certain campaign activities to Let’s face it, folks. These super PACs respond to some things I heard earlier promptly file a report with the FEC— are not raising hundreds of millions of today from Republicans while I was to file a report with the Federal Elec- dollars to run campaign ads that are presiding and while I was watching in tion Commission—within 24 hours. updates on the latest sports scores, my office. This brings some measure of fairness that are filled with YouTube videos of One of my Republican colleagues ear- and transparency back to our elections sneezing pandas or yawning kittens. lier today claimed the DISCLOSE Act so voters can make informed decisions These super PACs are gearing up to run does not apply to labor unions and sug- instead of simply being pushed and the most negative possible campaign gested that this was a big wet kiss to prodded and ultimately duped by a ads—the sorts of ads that can change organized labor from my side of the flood of negative ads. hearts and minds because they have no aisle. This suggestion was made by sev- I am confident it does not restrict or accountability, because they have no eral in leadership. It is a ludicrous limit free speech of any kind. This bill one’s name at the bottom line, because claim. Every provision in the DIS- simply allows voters—those who are in they feel free and are free to make the CLOSE Act applies equally to covered the driver’s seat or should be in our nastiest and most unfounded personal organizations, corporations, business system, those who hire and fire us—to attacks. associations, membership organiza- see who is spending money to influence Four years ago, at this point in the tions, and unions. their decision at the ballot box. campaign cycle, just 9 percent—9 per- Why have a $10,000 threshold? To re- The DISCLOSE Act imposes the min- cent—of the political ads on TV were duce the burden on all membership or- imum possible burden on organizations negative, according to the Wesleyan ganizations of all kinds; the $10,000 spending vast amounts of money on Media Project, which has scored ads by threshold is enough to cover 93 percent elections, while still requiring the kind their negativity or positivity. Just 9 of the money raised by these super of prompt and timely disclosure voters percent. PACs and thus does not needlessly bur- deserve and expect in this electronic, What do you think that number is den national membership organiza- in this digital age, where the ads that this year? At this stage, this still early tions, with thousands of members who flood the airwaves, that push for a de- stage in campaigning, 70 percent. Sev- contribute $25 or $50 or $100. cision, happen so close to an election enty percent of the ads have been nega- It is these handful of folks, who are that it is important to have disclosure tive, and it is only July. It is not even contributing huge amounts of money, real time. August. whose contributions we hope to expose We voted on the DISCLOSE Act ear- At the same point in 2008, 3 percent to the sunshine, to make positive con- lier tonight, but my colleagues across for the ads came from outside groups tributions to allowing voters to know the aisle lined up in lockstep against like super PACs. This year, 60 percent who is contributing to whom and why. it. Sadly, every Member of the other have been paid by outside groups. Cam- One other thought I want to add to party voted against it. What is so paigns themselves have inevitably, as a tonight’s debate is, as the Africa Sub- wrong with voters having information result, taken on a more negative tone, committee chair on the Foreign Rela- about who is trying to influence their a more caustic aspect. There is no tions Committee, I often have the op- vote? Why is this basic information so doubt in my mind that the primary portunity to hear from and meet with important to hide from the American mission of most super PACs is to fund legislators and heads of state from Af- people? Public disclosure of campaign the sorts of ads that destroy candidates rica who come to meet with us here in

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They come to the United billionaires and corporations who are they spend their money in politics to States to listen to us and to hear from trying to sway our votes by deciding to be known to anybody—they do not us how our democracy functions, be- be better with our politics, by deciding have Americans’ best interests at cause for much of the world we are con- to listen past the smear campaigns and heart, and they see this coming, and sidered the gold standard of how to run the negative attacks. they want to fight back. free, fair, and open elections, of how to It is my hope we will be able someday That total is 617,000 Americans who deliberate as an open and positive to pass the DISCLOSE Act and to have signed up to have our backs and body, of how to be accountable to and amend the Constitution. But until to support this bill. serve the people of the United States. then, I am left with this: With the en- So as we go forward into the remarks We already have some challenges couragement of my colleagues, with from Senator PRYOR, Senator making progress, listening to each confidence in our citizens, and with op- BLUMENTHAL, and then Senator other, and getting past the partisan di- timism that somehow through this FRANKEN, we should know that it is not vide. But if we already have challenges, smear campaign of super PAC ads the just the one, two, three, four, five, six if the folks listening wonder whether truth of the American system will still of us who are now in this Chamber. For the Senate of the United States listens be shown to the world. each one of us, there are 100,000 Ameri- to our citizens enough, just wait until Thank you. With that, I yield the cans who are behind us and want this another billion dollars of secretive spe- floor. to happen. cial interest money pours into our The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- campaigns. ator from Rhode Island. ator from Arkansas. In my view, one of the things we can Mr. WHITEHOUSE. Mr. President, Mr. PRYOR. Mr. President, I thank hold up to the rest of the world is that let me thank Senator COONS for his re- my colleague from Rhode Island for his we have clean, fair elections. This deci- marks, echo one point he made, and great leadership not just on this issue sion by this Supreme Court, in Citizens make an announcement. but many issues. But this is certainly a United, threatens that at its very core. The point I wish to echo is that the very important issue. This flood of money suggests that what importance of American democracy I rise today to the lend my voice to is our greatest accomplishment in and of clean American elections does, support campaign finance reform and many ways as a nation is at very real indeed, extend beyond our borders, as specifically the DISCLOSE Act. I want risk. We cannot, in my view, lose the Senator COONS mentioned from his role to come back to the phrase ‘‘lend my moral high ground of being a country as the chair of the Subcommittee on voice’’ in just a minute. The DIS- that has fought so hard for so long to Africa in the Foreign Relations Com- CLOSE Act—a lot of times, people back be a place where every person—every mittee. home hear about these bills that are real person—has an equal vote and an I grew up in the Foreign Service and 500 pages long or 2,000 pages long. This equal right to be heard. served on the Intelligence Committee. one is barely 20 pages long. It is really The unfortunate reality is we are not I have traveled pretty widely in that about 19 pages and 4 lines long. This is going to be able to amend the Constitu- role. There is a reason Presidents have a short bill, very concise, very to the tion to repeal the Citizens United deci- talked about our Nation as a city on point. I am for it. sion this year. I wish we could. But it the hill. There is a reason Presidents I am for even broader campaign fi- is not going to happen on that have described our Nation as a lamp nance reform, and let me give you one timeline. As we saw earlier today, this raised in the darkness, that the glow example of why I support campaign fi- Senate is apparently not even willing from what we accomplish lights the nance reform. There has been too much to require the slightest bit of trans- world. There is a reason the hymn money in Federal politics for a long parency and accountability by passing ‘‘America The Beautiful’’ talks about time. This did not just start last year the DISCLOSE Act, as we should. how our ‘‘alabaster cities gleam.’’ or even 5 years ago, this has been Maybe we will get the votes tomorrow. There is not much gleam on those ala- building over a long period of time. Maybe after listening to this tonight, baster cities tonight, not after this When I ran for attorney general in after hearing from us, our constituents vote. There is a lot of mud on the walls my State in 1998, I raised and spent will be moved to contact other Mem- of those cities, and it is going to get somewhere around $800,000. That may bers of this body. worse unless we pass this vote. not sound like a lot of money, and cer- But I am concerned. I am concerned And people get it, which brings me to tainly in a Federal race it is not a lot that the Congress is not going to be my announcement, which is that up to of money, but that got the job done. I able to stem the massive influx of cash this evening, the Progressive Change had a Republican opponent. We fought into our elections this year or this Campaign Committee has had 34,269 it out. She was a very worthy oppo- cycle. It may, in fact, be too late for Americans sign its petition supporting nent. We had debates, and we sort of that. There is a reason campaigns and the DISCLOSE Act. Demand Progress barnstormed around the State. It was super PACs fund these negative ads. has had over 50,000 Americans sign up wonderful. They work. They are designed to go for its petition supporting the DIS- In 2002, 4 years later, I decided to run around your head and target your CLOSE Act. CREDO Action, as I men- for the Senate. That year I had to raise heart. They move you to vote on what tioned earlier, has had 213,000 Ameri- somewhere in the neighborhood—I do you are afraid of, not what you aspire cans—213,000 Americans—sign up as not have the figures in front of me but to. And they can be so highly effective. citizen cosponsors of the DISCLOSE a little bit over $4 million. So same I do not like negative ads. The Pre- Act. This stack of papers I have in the State, basically the same population, siding Officer does not like negative Chamber has 57 names to a page— same voters; nothing had really ads. Our citizens and our constituents 213,000 Americans who really put their changed except I went from a State do not like negative ads. We still have name down there, something that, evi- race, statewide race, for which I raised a choice, though. We may not yet be dently, the big, sneaky donors are not and spent for the campaign about able to amend the Constitution. We willing to do and our colleagues are not $800,000, to about five times that may not be able to persuade the other willing to force them to do. amount in 2002. That was before there side to pass the DISCLOSE Act this And DISCLOSEAct.com has 320,378 were super PACs. That was before time. But we can allow ourselves in- signatures supporting the DISCLOSE money really took over, the way you stead to say, we will not listen to these Act. That Web site got so much activ- see in 2012. And money really has taken craven, destructive ads. We can change ity earlier tonight, as we rolled into over the system. It is not good. It is the channel. We can ignore the ads. We this vote, that the Web site crashed not good at all. can learn about candidates and their from the activity of Americans trying I am for the DISCLOSE Act, but I records. We can vote from a place of to be a part of the debate we are having also think we should do larger cam- power instead of fear. Each and every here, trying to make their voices heard paign finance reform based on trans- one of us, each and every citizen, can because they perfectly well understand parency. Actually, I am supportive of be more powerful than the Supreme that these big special interests—the lower giving amounts instead of higher Court, can be more powerful than the ones that do not want how and why giving amounts.

VerDate Mar 15 2010 05:50 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.075 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5029 I support something we used to do in agree with that. Corporations cannot prime time. Let’s say it is $500. I will Arkansas. I have not looked at the vote; they cannot be drafted into the just pick that figure. So if that person State law in a while. I assume it is the military; they do not have a religion to gave $100, they bought one-fifth of a TV same, where PACs have to play by the be protected. There is a lot of dif- ad—one-fifth. That is about a 6-second same rules everybody else does. They ference in corporations. There has al- TV ad. If that corporation or outside are subject to the same limits. I think ways been this legal understanding person—whomever it is—gave $1 mil- that takes away a lot of the funny that a corporation can be a person for lion, they have bought 2,000 TV ads— business that goes on with PACs. certain purposes—everybody agrees 2,000 compared to 6 seconds. No com- I think that when we do campaign fi- with that; we understand why—but not parison at all. It is unfair. It grounds nance reform, we have to reform more for all purposes and not for political out and dilutes our first amendment than just the campaigns themselves be- purposes. right that is protected in the Constitu- cause right now the campaigns are One of the truths that we hold self- tion. very regulated. There is a lot of trans- evident in our system of government is This is the last point I wish to make parency. There is a lot of disclosure. that our rights are inalienable. They on this unlimited money, and then I There are a lot of limits and require- do not come from the State. Our rights would like to make my final point in ments on campaigns. If it is MARK come from some higher authority than just a second. On the unlimited money, PRYOR for U.S. Senate or whoever it just the Constitution or just the U.S. you need to ask yourself: Why are they may be, there are lots of rules that Government or just the Congress. Our doing this? Why are they giving this govern that. That is the way it should rights are inalienable. Well, corpora- money? Is it out of the goodness of be. The problem is outside the cam- tions are created by people. They do their hearts? paign, the extracurricular activities. not have inalienable rights. It is ridicu- No, that is not it. That is not it. That is where the real challenge is. lous to think they do. Elections have consequences. They That takes us to Citizens United. I Again, I hope the Supreme Court will want to influence the election because must say, with all due respect, that I take an opportunity, based on what they want the consequence to be that think it is naive to hold that money they saw in 2012, to revisit that deci- they have influence, they have power, does not have a corrosive effect on poli- sion. they have control. That is what this is tics. It does. We have seen it for two Let me talk about the current state about. centuries in this country. We have seen of affairs. I know I have colleagues We talk about it in terms of 30-sec- that money has a corrosive effect on waiting. I want to wrap this up as ond ads and negative ads. What this is politics. There have been various re- quickly as I can. The current state of about ultimately is who makes deci- form movements that have been de- affairs is that we have unlimited sions in this country. Is it the general signed to curb that corrosive effect, money coming into the political sys- public? Is it elected officials who are but unfortunately the Citizens United tem and secret money coming into the here because sometimes they go case just kicked the door open wide, as political system. That is a bad com- through bruising campaigns to get wide as it has ever been kicked in bination. That is not good for the here, but they are here and they are trying to put the public interest first American history. public’s welfare. It is not good for the I do not want to criticize the Su- average voter and the average citizen. or are those decisions going to be made preme Court, but I certainly hope that Again, we have a first amendment by people whose elections were bought after the 2012 elections they will have right to free speech. There is no doubt lock, stock, and barrel with unlimited an opportunity to revisit that decision. about that. And we should. And we and secret money? That is what is at I hope they are looking at the press re- should zealously and jealously protect stake today. That is what is at stake ports where these super PACs and that. But in the political situation we tonight. That is why I am for the DIS- other groups are saying they are going have today, if I have a person in Ar- CLOSE Act. I do not think it goes far enough. But I do want to finish on that to raise and spend hundreds of millions kansas who wants to give $100 for a last point. of dollars. In fact, one tabulation I saw campaign—say, a local congressional The DISCLOSE Act is about trans- campaign, he wants to give $100—well, is that just against President Obama’s parency. That is a major step in the somebody else can come along—it may reelection campaign—just to make right direction. I do not think it is the be an individual, it may be a corpora- sure he does not get reelected—there is whole ball game; it is a major step in tion; we do not know who it is—and well over $1 billion they claim they are the right direction. I think this is a they can give $1 million or they can going to raise and spend to defeat this good piece of legislation. President. That skews the whole polit- give more. It can be unlimited, but I I thank all of my colleagues who are ical system in this country. It is not want to use round figures here so we here tonight and who are talking about healthy. It is not good. can talk about this in a concise way. this and bringing awareness to the I see these pages here who are with So $100 from the voter in the State who American public about this because I us today. They are learning about our is actually voting in that election and think it is important. And I think this democracy. I am so proud of them for $1 million from who knows where. Well, is something we do have to get right, being here and being here late night, I would say this. I talked about it ear- and we need this reform. This is a great both on the Democratic and Repub- lier. I want to lend my voice to this. I place to start. lican side. I am so glad they have this want that voter to have a voice. I do I yield the floor. opportunity. I hope it is the oppor- not want that outside or that secret The PRESIDING OFFICER. The Sen- tunity of a lifetime for them. But I do money or whomever is offering that to ator from Minnesota. not want the lesson to be that money have a voice that is 10,000 times louder Mr. FRANKEN. Mr. President, I wish owns politics, because that is kind of than that person in Arkansas. It would to thank the Senator from Rhode Is- where we are today. We are going to be like right here. If I were here speak- land for his leadership on this and so find out in 2012 how much of an impact ing today and talking about being for many other issues. I thank the Senator it has. the DISCLOSE Act and I turned around from Arkansas for his comments. I rec- Let’s go to the first amendment. and there were 10,000 other people ommend them to anyone. Again, I do not want to get too deeply crammed in this Chamber talking Minnesotans are proud of our partici- into the Supreme Court’s decision in about the same act but talking against pation in civic life. We believe very Citizens United because I hope they re- the act, whose voice is going to be strongly in hearing each other out. In visit it. But we as citizens have rights heard by the public? It is not going to the last Presidential election, 78 per- that are protected by the U.S. Con- be mine. That is the problem with the cent of eligible voters in my State stitution. The Constitution calls us current state of affairs. turned out to vote—well above the na- persons. They call us people. Unfortu- So let’s say a television spot—I will tional turnout of 64 percent of voting- nately, in this recent decision, the U.S. just pick a number—costs $500. That is age citizens in 2008. In fact, Minnesota Supreme Court has basically said that the cheap spot. That is a laughably has led the Nation for voter turnout in corporations are people and persons cheap spot in a lot of markets, but let’s the last six elections. This is really re- and are given that same right. I dis- say it is a small market and it is not in markable. It is one of the reasons I am

VerDate Mar 15 2010 05:50 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.076 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5030 CONGRESSIONAL RECORD — SENATE July 16, 2012 so proud to represent my State here in groups. As much as we may want to, we A company might give money to one the Senate. But when the Supreme can’t stop corporations and shell corporation, which in turn gives Court upended 100 years of law with ultrawealthy individuals from flooding money to a PAC or another shell cor- Citizens United, it yanked the micro- our elections with massive amounts of poration, and so on, until it finally phone away from average Minnesotans money. We can’t stop it. But the Su- reaches the ultimate super PAC. It is and turned it over to a handful of mil- preme Court said we can shine light on nearly impossible to trace it back to lionaires and billionaires and corpora- the shadowy interests behind those un- the original corporation. That is in the tions intent, as Senator PRYOR said, on precedented contributions. We can super PACs. controlling the outcome of our election force these organizations and The company can just give money to and controlling the decisions that are ultrawealthy individuals to disclose. a 501(c)(4)—a so-called social welfare made that affect the men, women, and Justice Anthony Kennedy said this in organization—which is under no obliga- children in my State. his majority opinion in Citizens tion to disclose a single thing. Of A single person writing a check for $1 United: course, there are rules in place to make million or $10 million or $100 million Prompt disclosure of expenditures can pro- sure these nonprofits are truly social can drown out the voices of everyone vide shareholders and citizens with the infor- welfare organizations and deserving of mation needed to hold corporations and else, and they can do so in total se- their privileged tax-exempt status. crecy. We have heard about a handful elected officials accountable for their posi- tions and supporters. Shareholders can de- Specifically, they must spend less than of millionaires and billionaires who termine whether their corporation’s political 50 percent of their money on political have written fat checks to bankroll speech advances the corporation’s interest in activities. Unfortunately, the IRS has Presidential candidates, but what is making profits, and citizens can see whether not been aggressively enforcing this most terrifying about this is that we elected officials are in the pocket of so- rule. We suspect that many of these only know about those people because called moneyed interests. 504(c)(4)s are not spending more than 50 they decided to let us know. For every Justice Kennedy went on to say: percent on nonpolitical ads. billionaire who tells us he is writing a The First Amendment protects political But no matter how companies or check to a candidate, there are prob- speech, and disclosure permits citizens and wealthy individuals secretly funnel ably 10 or 100 or 1,000 corporations and shareholders to react to the speech of cor- porate entities in a proper way. This trans- their money into elections, we all lose. ultrawealthy individuals who are writ- We lose because we don’t know who is ing similar checks in secret. Even one parency enables the electorate to make in- formed decisions and give proper weight to paying for the negative attack ads that of the ones we know about because he different speakers and messages. are constantly dominating our TV or decided to let us know now says he is I could not have said it better myself. the newspaper ads or the Web ads on- also going to give secretly. This is in his majority opinion of Citi- line or the robocalls that interrupt din- I was listening to C–SPAN radio in zens United. My colleagues and I have ner or the misleading mailers or the my car. That is right, I listen to C– simply taken Justice Kennedy’s words field operatives who knock on our door SPAN in my car. They had a woman on to heart, and we have drafted a bill or call us on Saturday mornings. who was a journalist. Her beat is that will bring transparency and ac- Minnesotans believe strongly in hear- money and politics. She writes for a countability to the electorate so they ing each other out, and they want hon- major American daily paper. C–SPAN can make the decisions about who est, informed debate. They want to was talking calls, and one caller basi- should lead our country. That is crit- hear all sides of an issue before they cally said all of this is about ical because elections matter. make up their minds. This is why we privatizing Social Security and Medi- Elections determine who is going to have such a high voter turnout in our care so Wall Street folks can get their get to Washington, who is going to get State. They want to listen to the com- hands on the money from those pro- here to make decisions on behalf of the peting priorities for our State and our grams and so insurance programs get rest of the Nation. Americans need to Nation because these issues are not their hands on Medicare money. You know who is spending tons of money to simple. They want to hear all sides be- know there is truth to that. So the ex- get candidates elected. fore deciding who to vote for at the pert says in the answer—and I am para- That is why we are here today to talk polls. phrasing—that is what we thought. about the DISCLOSURE Act. This bill Unfortunately, Minnesotans cannot Most people thought it was going to be is not a panacea. It will not overturn listen to all sides when worthwhile de- corporations giving us money, but it Citizens United, and it will not stop bate is being drowned out by a tsunami turns out it is just ultrawealthy people the tsunami of money pouring in from of corrosive, negative, and often decep- who are doing it. Then she paused and corporations. But it will require that tive ads paid for by outside special in- said: Of course, we don’t know that be- all that special interest money be dis- terest groups. These days, especially if cause so much of the money is secret. closed publicly, and that will have tre- one is in a swing State, people can’t I thought to myself, here is a woman mendously beneficial effects for this turn on a television without seeing whose whole area of expertise—this is country. what she thinks about 10, 12 hours a We may not be able to stop the tidal them. day—money and politics—and yet, even wave of unlimited cash, but we can, But it is not just volume that drowns she, because this money is secret—even and we should, at a minimum know out legitimate debate and turns off she is capable of being confused or not who is writing those big checks. Not voters; it is what the ads are saying. understanding the implications of all only will this type of disclosure dis- More and more are negative, deceptive this secret money—even if it was just courage backroom deals conducted or both. According to the Annenberg for her for a moment or a couple of mo- under a cloak of secrecy but, more im- Public Policy Center—listen to this—85 ments. portantly, it will discourage donors percent of the dollars spent on Presi- That is the purpose of why we are up from unleashing negative, misleading, dential ads by the four top-spending here tonight to talk about the pro- and deceptive ads against politicians 501(c)(4)s—or so-called social welfare liferation of secret money post-Citizens who are trying to do the right thing. organizations—were spent on ads con- United and its implications on our de- But that is not our world today. taining at least one deceptive claim— mocracy. Americans may not like it— Companies don’t want us to know they deceptive. No wonder people are dis- I sure don’t—but the Supreme Court are giving lots of money to elect or de- enchanted with our political system. has ruled. At least for now Citizens feat someone. So they do something Anonymity fuels this. It is easy to United is here to stay. The Supreme that looks a lot like money laundering, pay for ads that deceive voters when Court isn’t final because it is right; it but it is legal. they don’t have to attach their name is right because it is final. So we need They might create and give money to to them, and so they have no account- to accept that. Absent a constitutional a shell corporation, which in turn do- ability. It is easy to launch personal amendment, Congress can no longer nates to a super PAC. When we look at attacks when they are doing so in se- limit corporate contributions or cam- the records for the super PAC, we will cret—under the cloak of anonymity. It paign contributions to outside or inde- see the shell corporation but not the is these so-called social welfare groups pendent groups—so-called independent original source of the money. that are responsible for so many of

VerDate Mar 15 2010 05:50 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.077 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5031 these deceptive ads that have abso- reducing the number of regulations fall further and further behind. They lutely no requirements to disclose they need to comply with to keep their have seen little or no return on their their donors. workers safe, in some cases, or maybe increased productivity and longer The public doesn’t know when they to keep our air and water clean. Their working hours. If money and power watch political ads whether they are first priority isn’t helping the middle continue to accumulate among a few true or deceptive. That is a problem be- class, and they are not going to spend individuals and companies, it will only cause there is no question that adver- money from their general treasuries on get worse. There will be less money for tising works. People watch TV. They ads urging candidates to keep college education, less money for unemploy- love TV. I love TV. I made a living in affordable or push for funding for Pell ment insurance, and less money for TV. When we watch TV, there are com- grants, Head Start or for medical re- basic research to cure diseases. It will mercials, and commercials work. Do search. be harder to get health insurance, if you know the show ‘‘Mad Men’’? It is But the bigger issue—and the reason health care reform is repealed, and popular and it is about advertising in why disclosure matters so much in our they might even be successful in push- the early 1960s and it is about how ad- political system—is that corporations ing to privatize Social Security or vertising works. They discovered this a don’t just buy ads to make their views Medicare. This will not benefit work- long time ago, and it is true; it works. known; they use them as a weapon ing families. Advertising helps influence what we against politicians. This is a real prob- Your power to sway elected rep- buy, what we eat, what we drink, where lem. It is happening today, and it is resentatives should be the same regard- we shop and, yes, which politician we only going to get worse and worse now less of whether you are the CEO of a will support when we go to the polls. that corporations can spend what they Fortune 500 company or a police officer Most Americans don’t watch or listen want, as much as they want, whenever in a small town. Unfortunately, we are to C–SPAN in their spare time. Most they want, with absolutely no trans- careening toward a world where that is Americans aren’t engrossed in politics, parency. no longer the case and where the aver- keeping track of every vote we take in Candidates know if they do not sup- age American’s voice is drowned out by Congress. That is why political ads can port the policies that corporations are all the special interests monopolizing make or break how Americans feel pushing, they are likely to face a tor- our public discourse. about a candidate come election day. rent of negative ads funded by that cor- Thomas Jefferson once said: The Supreme Court recognized this poration or industry when they are The end of democracy and the defeat of the in Citizens United when it noted it had running for election or reelection. All American Revolution will occur when gov- previously upheld disclosure laws in those ads will come from a shell orga- ernment falls into the hands of lending insti- order to address the problem of pur- nization with a name such as the tutions and moneyed incorporations. portedly independent groups running American Prosperity Fund for Amer- I fear, Mr. President, we are on the election-related ads while ‘‘hiding be- ica’s Prosperity in the Future in Amer- brink of just that. hind dubious and misleading names.’’ ica. The public will not know that a The DISCLOSE Act will not fix all It is these generic and sometimes corporation or wealthy individual is the harms of Citizens United, but it is misleading names for outside groups— buying these ads, but the candidate certainly a step forward. It will bring with nice words such as ‘‘America’’ will, and the candidate will be power- much needed sunshine to our political ‘‘freedom’’ or ‘‘prosperity’’ in their ti- less to stop it. system which will go a long way to- tles—that are manipulating the public This is why I think the Supreme ward reducing the number and dishon- now. In the 2010 election, these outside Court got it wrong in Citizens United— esty of negative attack ads that fur- groups spent more than $280 million on and this is a quote from the Supreme ther corrode our public dialogue and campaign ads, which was more than Court—when it found ‘‘independent ex- ultimately threaten our democratic double what they spent in 2008 and penditures, including those made by system. more than five times what they spent corporations, do not give rise to the I am disappointed my colleagues do in 2006. Even more shocking, there are corruption or the appearance of corrup- not recognize just that, and they have estimates that outside groups will tion.’’ refused to even let us have a full debate spend more than $1 billion on inde- Wow. That is what the Court said. on this important bill. I understand we pendent expenditures this election They made that statement without any may be taking up a motion for recon- cycle. citation to legal authority, without The public has every right to know any citation to evidence. This state- sideration, and I urge my colleagues to who is bankrolling these ads, so it can ment was plucked from thin air. It reconsider and join me in supporting better understand what motivates doesn’t pass the smell test. Any Min- this important piece of legislation and these messages and take what they say nesotan knows intuitively that is just join those of us who are here tonight. If in some context and with a grain of flat-out wrong. it is allowed to come up for an up-or- salt. The reality is, unfortunately, money down vote, I am confident this body As important, what we are not see- does equal power in this country. Elec- will pass it, and that would be cheered ing, what has been drowned out by all tions cost money—a lot of money. With by the American public. these negative deceptive ads is debate each election cycle it is costing more In closing, I would like to remind and discussion about the issues most and more. When a corporation or this body of an exchange Benjamin Americans care about: How am I going wealthy individual can spend a truck- Franklin had with one of the delegates to pay my mortgage? How am I going load of cash to support its favorite pol- at the closing of the Constitutional to put my kids through college? How itician and kick out a courageous poli- Convention in 1787. When asked wheth- am I going to find a job in this difficult tician who may have hurt its bottom er we have either a republic or a mon- economy? Will I be able to retire and line, our entire democratic system is archy, Dr. Franklin responded: ‘‘A Re- enjoy my golden years? undermined. If this continues, we risk public, if you can keep it.’’ Why is this happening? Why aren’t becoming an oligarchy, which would Our Founders created the greatest ads focused on these issues? The an- undermine our already undermined Nation in history. It is our job to keep swer is quite simple. Ads that domi- middle class and would quash the it that way and make sure a nation nate the airwaves are expensive, and working poor’s aspirations for entering premised on equality and freedom does they are being bought by corporations the middle class. It would be harder to not become a nation beholden to just and ultrawealthy individuals for their get a wage that could put a roof over the rich and the powerful. own interests. your head, harder to afford child care, The PRESIDING OFFICER. The Sen- Corporations aren’t evil—far from it. and harder to send a kid to college. ator from Connecticut. There are many great corporations in There will be an even greater disparity Mr. BLUMENTHAL. Mr. President, I Minnesota. But it is their duty to between the rich and everyone else. thank the Senator from Minnesota for maximize shareholder profit. Their Already, since the 1970s, our Nation his very powerful and eloquent words, focus is on cutting costs or consoli- has been growing apart as the rich get and I particularly want to thank my dating their position in a market or on richer and the poorer and middle class distinguished friend and colleague from

VerDate Mar 15 2010 06:57 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.079 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5032 CONGRESSIONAL RECORD — SENATE July 16, 2012 Rhode Island for his leadership on this Connecticut—we will pass the DIS- knows where this money is coming issue. I also thank others who have CLOSE Act of 2012. from. In 2006, only 1 percent of political been at his side and working with him. All this bill requires is openness and spending by outside groups was anony- I have been proud to be a cosponsor of disclosure and accountability. It places mous. In 2010, 44 percent—nearly half— this measure. no limits on what can be contributed, was anonymous. We know anonymity I would like to thank Senator SCHU- on what can be done, on what can be on the Internet or in the public sphere MER, who introduced a similar measure said. It is completely consistent with breeds negativism, it breeds deception, in 2010. The DISCLOSE Act of 2010 has Citizens United. I am not here to reliti- and often it breeds outright lies. been, in fact, considerably narrowed gate that case. Accountability is one of the watch and tailored to target the anonymity The Supreme Court, in the Bullock words of our democracy, and the ano- of huge donations—increasingly large decision, recently indicated it would nymity of this spending, of these con- donations today—and it is the kind of not relitigate that case anytime soon. tributions of tens of millions—indeed, tailoring and narrowing that reflects It invalidated a Montana State law hundreds of millions of dollars that are the care and precision and hard work that prohibited corporations from contributed by a handful of people and that my colleague from Rhode Island making independent expenditures. We entities, whether it is corporations or and others—and I am proud to be are not going to relitigate whether a business associations or unions, is cor- among them—have given to this mat- corporation is a citizen or whether any rupting to the process. ter. of these entities can contribute or in The majority opinion in Citizens As I rise at this late hour, we can’t what amounts. United dismissed concerns about un- know—we can only hope—that America The DISCLOSE Act of 2012 is com- limited political spending by claiming is listening or that our colleagues are pletely consistent with Citizens that prompt disclosure would make listening, but I do know we should be United. In fact, in a certain very true these entities and individuals account- listening to America. I am listening to sense, Citizens United, in its majority able to shareholders, voters, con- Connecticut, and what I hear from Con- opinion, presumed disclosure. The Su- sumers, and the public at large. Yet necticut, the people of my State—as so preme Court, in the majority opinion elections have been inundated with se- many of my colleagues are hearing in that case, made clear the first cret money. from their constituents and citizens—is amendment protects political speech Citizens United had consequences un- they are losing trust in the greatest de- when it said: intended and unanticipated by the Su- mocracy in the history of the world. . . . and disclosure permits citizens and preme Court. People may say: Well, the The greatest country in the history of shareholders to react to the speech of cor- Justices were naive. But the fact is the planet is losing the confidence and porate entities in a proper way. this body, the Congress, must com- faith of its people. The framework, the reasoning, the pensate to ameliorate and remedy the I am hearing from people such as logic of Citizens United is no limits on unintended consequences of that deci- Catherine Sturgess of New Canaan, CT, speech but disclosure of who is speak- sion. The American people have shown who says: ing and who is funding and supporting in polls as well as those letters I men- Undisclosed campaign money influences that speech. That basic premise is one tioned earlier that they expect us to do candidates, elections and undermines the that runs through the precedence of so. Seven in ten Americans believe role of the voter. In turn, the election proc- this Court and of others who have liti- super PACs should be illegal, including ess is corrupted. Only a few cannot be al- gated these cases. It is not too much to majorities of Democrats, Republicans, lowed to impact a system which is intended say that the DISCLOSE Act of 2012 is and Independents. This issue is not par- to represent us all. an essential predicate to the frame- tisan. It should be bipartisan. It has Lawrence Poin of Fairfield tells me, work, the legal framework, that Citi- been bipartisan in the past and must be and I am listening: zens United presumes. again. More than seven in ten Ameri- Right now, foreign governments, oil ty- I would rather go further as well. As cans feel there is too much money in coons, and Wall Street banks can spend mil- one of my constituents said, I would politics, including, again, the majority lions to buy our democracy, and the Amer- favor a constitutional amendment that of Democrats, Republicans, and Inde- ican public will never know. would enable some limits consistent pendents. Seven in ten Americans, in- And I am listening also to Garrett with the Constitution. Money is corro- cluding majorities of Republicans, Timmons of Brooklyn, CT, who says: sive. Too much money in the system Democrats, and Independents, believe I think campaign and election reform corrupts. But, again, we are not here to there should be limits on contributions should go much further and include a con- set limits, we are here to deal with se- stitutional amendment in light of Citizens to political campaigns. One in four United, but I know how unrealistic that is. crecy, with anonymity. Secrecy and Americans say they are less likely to At least this act— anonymity not only corrode, they de- vote because of the super PACs and He is referring to the DISCLOSE Act stroy the essence of our democracy. By these anonymous donations. Finally, of 2012— opening the system to the sunshine seven in ten Americans agree that that will eliminate that secrecy, we are is a step in the right direction, and I hope ‘‘new rules that let corporations, a no-brainer for our Congress. The people of helping to restore trust and faith in unions, and people give unlimited this country are losing their representation government, and we would be showing money to super PACs will lead to cor- in government to special interests and the that Washington will listen to the ruption.’’ funders of political campaigns. And to make American people, including the people Let the Senate listen to the people of matters worse, we don’t even know who are of Connecticut. Connecticut and America. Let them stealing our elections. The Supreme Court decisions, like say: We respect what you are saying I am listening to those people who elections, have consequences, and Citi- again and again, and we will act in a are watching. They are watching what zens United certainly has shown that it bipartisan way to protect our democ- is happening in this country, and they has consequences. During the 2010 mid- racy. are losing faith because they believe term elections, the first election sea- Americans want their choice of can- Washington is failing to listen to them. son after Citizens United, outside didates to be an election, not an auc- There are millions of other hard-work- groups spent nearly $300 million—four tion. At the very least, we should tell ing families who are struggling to put times as much money as in the 2006 them and make possible for them to food on the table, stay in their homes, midterm election before the Citizens know who is doing the bidding in those and find jobs who believe the system is United decision. Nearly half of the auctions, who is doing the buying, and not working for them and not listening money spent in the 2010 election after who is doing the selling. Nobody wants to them as much as it is to the people Citizens United was spent by just 10 there to be an auction, but if contribu- who can afford to give to political cam- groups. Think about it. Ten groups tions are not limited, the auction at paigns, let alone who can afford to give spent more than half of that $300 mil- the very least should be in the open so tens of millions. lion. that the public can see who is buying, If we listen to the people of Amer- As spending has quadrupled, trans- who is selling, and who is bidding. That ica—and I am listening to the people of parency has been lessened. Nobody view of American democracy may not

VerDate Mar 15 2010 05:50 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.081 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5033 be a very elevating one, but we deal During the 2010 midterm elections, tax-ex- it does raise the specter of, is this with practical reality, and as we speak, empt groups outspent PACs by a 3–2 margin, about the future of the country or is tens of millions of Americans are according to a recent study by the Center for this about the narrow self-interest of watching what we will do. Maybe not Responsive Politics and the Center for Pub- someone who is willing to invest a lic Integrity, with most of that money de- tonight, perhaps not at this hour, but voted to attacking Democrats or defending great deal of money into a particular at the end of the day, at the end of this Republicans. And such groups have ac- race? And I think most people would debate, they will hold the Senate ac- counted for two-thirds of the political adver- conclude that it is probably about the countable for what it does or what it tising bought by the biggest outside spenders narrow self-interests of someone who fails to do. so far in the 2012 election cycle, according to invests a great deal of money in a race. I urge my colleagues to reconsider Kantar Media’s Campaign Media Analysis Simply put, I think Citizens United and approve the DISCLOSE Act of 2012. Group, with close to $100 million in issue ads. is deeply flawed, and more than one ex- Mr. President, I yield the floor. And the clock is still ticking and the pert has voiced their frustration and The PRESIDING OFFICER (Mr. amount is accumulating. disappointment with this decision. FRANKEN). The Senator from Rhode Is- That electioneering in the shadows is Shortly after the Supreme Court land. not what most Americans want. They handed down its decision in Citizens Mr. REED. Mr. President, I rise want robust debate. They want can- United in 2010, Norm Ornstein of the today to join my colleagues in sup- didates to engage as candidates, not American Enterprise Institute, which porting the DISCLOSE Act. the witting or unwitting beneficiaries is a center-right—more right than cen- I commend Senator BLUMENTHAL for or victims of anonymous advertise- ter, perhaps—organization, wrote, in a his extraordinarily insightful and ar- ments in their race. column in Roll Call called ‘‘Court Way ticulate words with respect to this crit- This is not, I believe, what the cre- Oversteps its Authority With the Citi- ical issue. I particularly wish to com- ators of the Constitution thought zens United Case,’’ these words: mend the Senator from Rhode Island, would happen or hoped would happen. I hoped Citizens United would be decided Mr. WHITEHOUSE. He has been the driv- They envisioned a country in which the narrowly but feared that the court would ing force to bring this issue to the best ideas and the best arguments pre- take a meat ax to a century of settled law floor, to educate all of us in the Senate vailed regardless of how loudly one and policy. My worst fears were realized. and the American people about what is spoke; that it was the quality of the ar- This decision equates corporations, which at stake, and in many respects, it is gument, not the volume of the speaker, have one goal, to make money, with indi- our democracy. It is the presumption that mattered. vidual citizens, who have many goals and that every American has their vote What should be important is this motives in their lives, including making a quality of speech, not the quantity, better society, protecting their children and count just as much as anybody else’s grandchildren and future generations, and so vote, that elections are decided based and, frankly, there is a direct correla- on . . . upon issues and ideas and not by the tion between the amount of money you This was a case never raised by the plain- sheer volume and the sheer magnitude have today and the quantity of your tiffs and never formally brought before the of 30-second advertisements that are speech in the media. That is just the Roberts Court. We do not have an instance designed more to divert than to inform, reality of paid advertisement, which where an actual for-profit corporation has designed more to excite than to inform. dominates political campaigns. complained that it has been barred from its Most people believe in a system that is But I think this vision, because of ability to get its message across in the polit- Citizens United, has been turned on its ical process. The cases overturned and the based on thoughtful consideration of laws struck down were considered carefully ideas and issues and in a system in head. Now those with the greatest re- by judges and Congresses past, including in which everyone’s vote counts. sources, the most money, have been the McConnell decision barely six years ago. Senator WHITEHOUSE is an extraor- given a disproportionate advantage. Only one thing has changed since—the polit- dinarily gifted attorney. He under- By allowing corporations and unions ical and ideological complexion of the Su- stands these issues perhaps as well as to unleash the full power of their treas- preme Court brought on in particular by the anyone in this body. He was a Federal ury funds and explicitly advocate for retirement of Sandra Day O’Connor. attorney and our state’s attorney gen- the election or defeat of candidates in Additionally, Richard Posner, a re- eral, and he has brought not just Federal or State elections in the name spected Conservative Judge on the 7th knowledge of the Constitution but this of protecting and promoting free Circuit Court of Appeals, who was ap- passion for justice and fairness and de- speech, I think the Supreme Court pointed to the bench by President Ron- cency and democracy to the forefront missed the mark. It missed the mark ald Reagan, recently stated the fol- of our debate today, and this will not about the centrality of an individual’s lowing on his blog: be the last day we will be debating this vote and the substance of a campaign [T]he Court, rather naively as it seems to issue. So let me begin by commending being about ideas, not about deroga- most observers, reasoned in the Citizens his efforts. tory advertising, not about anything United case that the risk of corruption A fundamental right guaranteed by else except the issues. That is the would be slight if the donor was not contrib- the Constitution is the right to vote. ideal. That is what our Founding Fa- uting to a candidate or a political party, but Each citizens gets one vote, and this thers were hoping for and, indeed, I merely expressing his political preferences through an independent organization such as right represents a critical pillar of our think expecting, and I think that has a super PAC—an organization neither con- democracy because we treat everyone been terribly distorted by this opinion. trolled by nor even coordinating with a can- equally, allowing each citizen to have There is an interesting situation didate or political party. . . . this crucial and critical say in who going on here. In the attempt to cre- It thus is difficult to see what practical governs, on the issues, and ultimately ate, under Citizens United, what the difference there is between super PAC dona- what is the course of this great coun- Supreme Court, I expect, was hoping to tions and direct campaign donations, from a try. do—create an atmosphere in which corruption standpoint. A super PAC is a val- But because of the Supreme Court de- speech is free—they created a situation uable weapon for a campaign, as the heavy in which speech is no longer free. Effec- expenditures of Restore Our Future, the cision in Citizens United, I worry that large super PAC that supports Romney and our political and civic conversations tive speech is no longer free; it actu- has attacked his opponents, proves; the do- now advantage those who flood our air- ally comes with a very high cost and nors to it are known; and it is unclear why waves, papers, and Web sites by talk- goes to the person who is the highest they should expect less quid pro quo from ing—if not shouting—louder simply be- bidder. That is not free speech, not ef- their favored candidate if he’s successful cause they have more money and re- fective free speech; it is purchased than a direct donor to the candidate’s cam- sources to do so. speech. And if our elections are going paign would be. The New York Times recently in- to be decided not by free speech but by Judge Posner, I think, is making the cluded the following in an article, giv- purchased speech, they will be won al- case very effectively. If there are lim- ing us one indication of how much ways by the highest bidder, by the per- its on direct individual donors’ con- money is awash in our political sys- son with the biggest wallet, the person tributions because you do not even tem, and it reflects what my colleague who is willing to spend as much as nec- want to create the appearance of a quid from Connecticut said. essary to prevail. And it will raise and pro quo, the idea a super PAC, whose

VerDate Mar 15 2010 05:50 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.090 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5034 CONGRESSIONAL RECORD — SENATE July 16, 2012 donors are known, has less of an ability If we want to create the context with him—the language on page 5 says to influence a candidate and more—I which presumably undergirded the Su- as follows: It is under the title ‘‘Disclo- think, significantly, not only a can- preme Court’s decision, we have to pass sure Statement.’’ It is very simple lan- didate but perhaps an elected official— this legislation. If you do not want to guage: that does not follow. I think Judge ignore, indeed, what the Court has Any covered organization that makes cam- Posner’s comments are very on point said, do not want to ignore what our paign-related disbursements aggregating in that this also invites the perception constituents have said, and do not more than $10,000 in an election reporting and perhaps the reality of inappro- want to allow this anonymous money cycle shall— priate influence on candidates and on to flood our elections, to not raise And this is the mandatory part— elected officials. That was a great deal doubt about the process, to not under- not later than 24 hours after each disclo- at the heart of why we passed cam- cut what people traditionally think is sure date, file a statement with the [Federal paign reform legislation decades ago. the American way—one person, one Election] Commission made under penalty of Even these points of view by Norm perjury that contains information described vote;—then let’s start by passing this in paragraph (2). Ornstein and by Judge Posner have legislation. Then it goes on to describe what you not, unfortunately, convinced my Re- I urge my colleagues to support the have to disclose. It is very simple. I publican colleagues to join us in effect DISCLOSE Act. don’t know how you could be opposed in trying to correct a deficiency which I yield the floor. my able colleague from Connecticut The PRESIDING OFFICER. The Sen- to that if you believe in debates in the pointed out was the fact that the case ator from Pennsylvania. public square. It is not as if we say to of Citizens United presumes disclosure. Mr. CASEY. Mr. President, I rise to- people: Come to the public square, but We have tried to debate this legislation night to join what so many have spo- a few of you can go into a corner. We and variations many times before. I ken of tonight, which is our system of are going to cloak you in secrecy. You think we have taken even much strong- electing officials to various levels of are going to be in the shadows. Every- er action in previous versions, but government. In the case of the Federal one else in the public square is going to today we are here in a good-faith effort Government we are always concerned know who is on the square, is going to to meet our colleagues more than half- about how that process plays out. We know what your point of view is, what is your position in the light because way. live in a country where for generations there are a couple of others who we are There are those who opposed previous now we have urged people to come to going to be put in the shadows, but the versions of the DISCLOSE Act on the the public square, in a sense, to vote, grounds that there were provisions un- rest of you don’t worry about it. to participate, to use their free speech It sounds strange, doesn’t it? It related to disclosure. But these con- rights, their freedom of association— cerns are addressed head on in this leg- doesn’t sound very American. the rights they have to participate in I think when people see what hap- islation crafted by my colleague be- elections. cause it focuses solely on disclosure, pened in the last couple of years, they What we are confronted with now, are very concerned that we have a sys- and it is effective after this fall’s elec- without the passage or in the absence tions. So I ask my colleagues, espe- tem now that has too much of this se- of the passage of this legislation, is cret money. There is too much money cially those who have said they are all what I would say are special rules for for disclosure, to join us. Join us to in the shadows without the sunlight secret money—or maybe better said, providing the disinfectant. pass this legislation because it is all special rules for a small group of indi- When you consider what we are doing about disclosure. viduals or entities to spend secret now and compare it to what has hap- Let me go back to the language of money. pened over the last generation where the Supreme Court opinion quoted by We, in Pennsylvania, as one of the candidates not only file reports about Senator BLUMENTHAL because they pre- buildings in the Capital area, have the who has contributed to their cam- sume in the decision there would be finance building. It is a building I paigns but even their advertising—they full disclosure, and that is what we are worked in for a decade. When it was have disclaimers at the bottom of the asking for tonight on this floor: Give built in the 1930s, they had as inscrip- advertising. Now in the more recent pe- the Court what it thought it had, a sys- tions around the border, the perimeter riod the candidate, himself or herself, tem by which the American public can at the top of the building, precepts has to identify themselves by name and know immediately who is putting all about government, what it should be, say that they paid for the ad. this money into the elections. so people who worked in that building This legislation doesn’t get to that. In the words of the Court in Citizens would aspire to higher ideals. It focuses on the basic question of dis- United: One of the inscriptions says the fol- closure so a citizen can say: This orga- [P]rompt disclosure of expenditures can lowing: nization made this assertion in an ad- provide shareholders and citizens with the Open to every inspection. Secure from information needed to hold corporations and vertisement, and I am going to find out every suspicion. elected officials accountable for their posi- who they are so I can make a judgment tions and supporters. Shareholders can de- A pretty simple precept. I think we about the advertisement before I vote. termine whether their corporation’s political all understand what that means. If we It is very simple. It is how our sys- speech advances the corporation’s interest in have a system or a candidate or an or- tem works. People go to the public making profits, and citizens can see whether ganization or a process that is open to square, they have a debate, there is a elected officials are ‘‘in the pocket’’ of so- inspection, the chances of there being lot of sunlight, a lot of disclosure, and called moneyed interests. suspicion about that candidate or the debates are freewheeling. They are The First Amendment protects political speech; and disclosure permits citizens and about that process or about that orga- tough, but they are in the open, and shareholders to react to the speech of cor- nization would be diminished. So more they comply with that precept I start- porate entities in a proper way. This trans- disclosure, more scrutiny. ed with. They are open to every inspec- parency enables the electorate to make in- We all know the old direction—I am tion, and therefore the chances of sus- formed decisions and give proper weight to not quite sure who said this, but we picion are lessened because everything different speakers and messages. have all used this—the idea of sunlight is out in the open. That is what the court said. Yet, if being the best disinfectant, to make That is all this is. It is providing a we do not pass this legislation, there sure we keep our political process open. measure or degree of sunlight into that will not be enough disclosure; because It is baffling to me why someone process, into that public square. So if corporate shareholders cannot make would not want to vote for this legisla- all these generations of reform have judgments about what their corporate tion when we consider the language. It told us—which I think they have told directors and managers are investing is legislation which barely gets to the us, and I know this is true in Pennsyl- in, in terms of political activities. Indi- 20th page. It is not very long. I was vania—that more disclosure, more sun- viduals cannot make judgments about looking at page 5 of the authors of the light, more scrutiny is going to lead to the commercials they are seeing be- bill—Senator WHITEHOUSE from Rhode better elections and better participa- cause they don’t know who is behind Island, who has done great work on tion, I don’t think we should run them, really. this, and so many others who worked counter to that history.

VerDate Mar 15 2010 05:50 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.092 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5035 I am not trying to assert that every- we do things in the political arena, we at all thanks to the decision in Citizens thing else about our elections is per- are subject to criticism. That is what United. Many of the donors behind the fect. We still have a lot of other re- freedom is about. To come up with this other 80 percent of super PACs could forms we could institute. But at least inside-out argument that we shouldn’t also be anonymous. That is because we can give people some measure of disclose because people might be criti- people can donate to the 501(c)(4)s that confidence that when they hear an as- cized for the contributions they make require no disclosure and then the sertion in that public square they are or the ads they fund is the most anti- 501(c)(4)s can donate to the 527s which going to know where it comes from. democratic, anti-U.S. Constitution ar- requires some disclosure. The level of They are going to know the origin of gument I have heard. It just doesn’t disclosure under our present law isn’t that statement. They are going to even pass the laugh test. I am sur- just inadequate, it is laughable. The know the bias or point of view, and prised. My colleague is one of the most voters deserve to know the truth, ugly they are going to make a judgment brilliant political minds we have or not, of who is behind the super about that before they exercise their around here. Even when I disagree with PACs. If the wealthy special interests right to vote. him, I respect his mind. But this argu- want to invest hundreds of millions of We should allow people that oppor- ment is—to say sophistry is kind. I dollars in our government, then they tunity to maybe be a little bit sus- don’t think it is going to catch on with should pay their fair share of taxes picious, but it is hard to be secure in people. rather than fund candidates who will your knowledge about information if Anyway, we have had very few com- give them special tax breaks paid for you do not know where it comes from, ments, other than that made by col- by middle-class Americans. if you do not know who is the real leagues on the other side of the aisle Yet because of the flawed Citizens speaker, and you do not know their tonight, and that is truly unfortunate. United ruling, the corporations that point of view. We should have a debate on this issue, can’t vote in our elections are trying I think there are a lot of Americans but I have a feeling most of my col- to buy the electoral outcomes that who know our system is not perfect leagues on the other side of the aisle benefit them, and it is all in secret. even with passage of this legislation, realize by their previous statements, Our solution is simple: The DISCLOSE but they at least say to us: Let’s at by the previous position of the Repub- Act simply restores transparency and least remove the possibility, which I lican Party, and by knowing them, we accountability. There are many of us think is evident now, that you have a are right. who would limit what people can give small group of people who are allowed Disclosing contributions is only fair and how they can give it. to spend this secret money and, there- and only right and American and in I believe, frankly, that Buckley v. fore, elevate or raise suspicion, and keeping with our democracy and our Valeo is not as bad a decision as Citi- maybe even cynicism, about our sys- Constitution. I think the reason so few zens United, but it is a bad decision. I tem. people have shown—or no people on the introduced legislation, a constitutional Let’s be open to every inspection and other side have shown is that the rea- amendment, to undo it years ago. Two to every measure of scrutiny, and let’s son they are not supporting us is not years ago, I joined my colleague from bring our points of view to the public out of conviction but out of short-term New Mexico who had spearheaded this square as we have for so many genera- political advantage. Obviously, the drive in the House to support his legis- tions. Let’s pass the DISCLOSE Act super PACs, large multimillion dollar lation. and make sure that at a minimum, as contributions are coming mostly from I believe there ought to be limits be- tough as times are for a lot of people the other side and may indeed benefit cause the first amendment is not abso- right now, at least they are going to them in the election. In the long run, it lute. No amendment is absolute. A per- have the information they need about is bad for our democracy. In the long son can’t scream ‘‘fire’’ falsely in a point of view before they vote. run, it is bad for the Republican Party crowded theater. We have libel laws. I yield the floor. to shy away from not only debating We have antipornography laws. All of The PRESIDING OFFICER. The Sen- this issue but supporting this bill be- those are limits on the first amend- ator from New York. cause the issue of disclosure is so sim- ment. What could be more important Mr. SCHUMER. Mr. President, first, I ple, so easy, and so right. The issue of than the wellspring of our democracy? wish to thank all my colleagues who disclosure is one that is now wracking Certain limits on first amendment have been so diligent, hardworking, the Presidential campaign. You can rights that if left unfettered, destroy and prescient on this issue. Of course, run, but you can’t hide. The argument the equality—any semblance of equal- Senator WHITEHOUSE from Rhode Is- of disclosure will, in a sense, chase you ity in our democracy of course would land, the leader of our task force, led down and beat you so you may as well be allowed by the Constitution. The us to this point. Senator MERKLEY has join in now and do the right thing. new theorists on the Supreme Court been very active and involved, as have I would like to make a point. The who don’t believe that, I am not sure you, Mr. President, as well as Senator two top advertisers in this election where their motivation comes from, SHAHEEN and Senator BENNET. There cycle are predictably the two can- but they are so wrong. They are so have been so many people on the task didates’ campaign. What is the third wrong. force who did a very good job, includ- just after the Obama campaign and the I hope we are going to move to ing Senator UDALL and so many of our Romney campaign? It is something change this law. I hope we are going to colleagues. called Crossroads GPS. In the last pass first this DISCLOSE Act and then The fact that we have been on the week alone, Crossroads GPS announced the broader bill that has been intro- Senate floor now for close to 5 hours almost $25 million in advertising duced, which also has disclaim. I hope and there hasn’t been a moment’s against the President and the Sen- eventually we will find a Supreme pause says something. It talks about ators. The group, Crossroads GPS, has Court that allows reasonable limits on the broad support that this modest but a name, and it doesn’t mean much. campaign contributions. That is so im- powerful act has on our side of the They don’t have to disclose a single portant for the future. aisle. The fact that no one, unfortu- one of their donors. In fact, reports in- I have to tell the Chair I am an opti- nately, on the other side of the aisle dicate that Crossroads GPS raised $77 mist, and I love this country. We had has come to debate this issue says million in its first 2 years of existence, our DSCC retreat this weekend, and we something as well. The only debate, in and 90 percent of that came from, at heard stories about people who had fact, we heard was the Republican lead- most, 24 donors. That is an average of risen from poverty to now run for the er in a brief speech that was almost $2.9 million per donor. U.S. Senate after having careers of 1984ish. His reason we shouldn’t dis- So far in this election cycle, as of great accomplishment. I am not going close is that people who give would be May 31, super PACs have spent $135.6 to name specific individuals, but you harassed. million in an election year. Twenty heard them. They were moving. It is If we go by that, we should probably percent comes from 501(c)(4) organiza- what America is all about, being there. have everything be in secret because, tions, ‘‘social welfare organizations’’ It made me so proud to be an Amer- of course, in an open democracy, when that don’t have to declare their donors ican. Most of our families are examples

VerDate Mar 15 2010 05:54 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.093 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5036 CONGRESSIONAL RECORD — SENATE July 16, 2012 of this. My father was an exterminator. here and the 435 Members of the House will be like by November. These kinds He didn’t go to college. I am here. on the other side and Presidential can- of negative ads are cheap-shot ads, What a place. didates are living with? Do they have many of them funded by anonymous Despite my love for this country and any understanding of that? donors who make outrageous negative my fervent belief in its future, the So here we are. What else can we do? claims based on half truths at best and thing that worries me most is the ef- We are here late at night desperately outright lies at worst, all paid for by fects of the Citizens United case. To trying to either persuade our col- secret fat cats and unlimited deep have 17 people contribute half of the leagues whose self-interests mitigate pockets—money that no one knows money to Republican super PACs and against them joining us to persuade where it comes from. Alaskans tell me to have the vast majority of that the people—although the issue of cam- when I am back there—and I try to get money undisclosed is frightening. paign finance is often an abstract one back there at least twice a month or I know maybe our Supreme Court at a time when people are so busy more and I hear from Alaskans all the Justices do think in absolute terms. working hard paying the bills, raising time. They are fed up with it. I know After all, this is the first amendment. their families, and experiencing the vi- we are fed up with it. I think the Amer- But I am sure of one thing: None of cissitudes that life and that God gives ican people are fed up with it. So I am them have run for office. They have no and visits on each and every one of us. happy to join my colleagues tonight to idea of the power of these negative un- In fact, maybe one of the Justices on stand up and fight back, demanding disclosed ads, the corrosive effect it the Supreme Court is sort of living in transparency—something so simple. has on our democracy, and the influ- a fantasy world as their decisions undo That is all we are asking for tonight: ence that those who offer these ads the very democracy they are supposed transparency, openness, and honesty. have. It makes me worry about the fu- to preserve. I don’t know what they are afraid of. ture of this country if we continue We are trying. That is all we can do. If you contribute money, you should be along this path. Unfortunately, the Su- The one thing I want to assure my col- proud and excited about who you are preme Court seems to have very little leagues of on both sides of the aisle, supporting. For some reason they hide. doubt based on the Montana case where the American people, and everybody They don’t want people to see who they they even refused to hear it. We have else who is involved in this issue is we support. I want to take a few minutes—I know to worry about the fundamental fair- are not going to stop trying until we many people have heard tonight, who ness of how our system functions. succeed. We are not a pure democracy. We are Dr. King, one of the great men of have been watching and listening, and a Republic, if we can keep it, and a Re- America, said that ‘‘the arc of history maybe it has been through C–SPAN or public says there ought to be some is long, but it bends in the direction of through news clips or whatever else might be going on, through our own intermediation. There is an under- justice.’’ He was talking about justice Web sites—to describe how we got here, standing in a Republic that the Found- for people of color. There also has to be why we are in this dilemma. The Citi- ing Fathers were very much aware of a justice for average folks who can’t zens United case expanded free speech it. I guess Alexander Hamilton, my fel- reach into their checkbooks and spend rights to corporations as if they are low New Yorker, leading this part of it, $1 million on an ad, undisclosed, that free people. Whoever thought ‘‘cor- that those who have achieved success excoriates, often unfairly, someone porate personhood’’ would become part in America deserve some influence— they disagree with. They need justice maybe a little more influence than of our vocabulary? too, those average folks. They are not In fact, Alaskans are very concerned others—they believed that; that is how going to get it until this simple meas- about this. Just last week, the city and our Republic is set up. ure, and others that are stronger than borough of Sitka passed a resolution The pendulum has swung so far that it, start succeeding. about the opposition to corporate I truly, for the first time in my life, We are going to keep at it. We are personhood. I ask unanimous consent worry about the future of this democ- not going to stop until we succeed. to have printed in the RECORD this res- racy. If a small group of people can Under the leadership of many who are olution from a small community in control the entire political process here tonight sitting in this Chamber, Alaska that is concerned about the through the powerful vehicle of undis- we will keep working and working and issue. closed ads shown on television time working until our government is truly There being no objection, the mate- and time again. If when people run for one of the people, by the people, and rial was ordered to be printed in the office they are afraid to offend those for the people. RECORD, as follows: who have great wealth or power be- Mr. President, I yield the floor. RESOLUTION 2012–15 cause these ads may be run against The PRESIDING OFFICER (Mr. A RESOLUTION OF THE CITY AND BOROUGH OF them, it presents one of the greatest SCHUMER). The Senator from Alaska. SITKA TO SUPPORT AMENDING THE UNITED dangers to this democracy that we Mr. BEGICH. Mr. President, this is a STATES CONSTITUTION TO RESTORE THE PEO- have had in over 200 years. very interesting night on the Senate PLE’S POWER TO LIMIT CORPORATE INFLUENCE Maybe one of those nine—particu- floor as many of us keep coming down IN ELECTIONS AND POLICYMAKING larly one of those five—on the Supreme and talking about what it means, the Whereas, Due to the incorrect interpreta- Court are watching so they have some money involved in politics, and the tion of the Constitution and the adverse im- understanding of the damage this deci- corrupt system that is now plaguing us pact on the rights of people in our democ- sion is doing to our democracy. Do with these super PACs and these racy in the U.S. Supreme Court decision in they understand that when they write: Citizens United vs. Federal Election Com- 501(c)4s. I bet if we asked the average mission (FEC), local, state, and federal elect- We are not against disclosure, and that person what is a 501(c)4, they would ed officials must take action to restore the as long as Citizens United continues to have no idea. We would say, turn on authority of the American people to restrict exist it is almost a catch-22—the way the TV in one of those swing States the undue influence of corporations on our our political structure works, the and see 1 of those 1,000 ads in a week; elections and public policy; and heavy money that comes in on the that is a 501(c)4 running those ads. Whereas, the Supreme Court’s 5–4 decision other side—and then not a single Re- I know it is late here. It is not too in Citizens United v. FEC broke away from publican, even many of those who prob- the legal precedents that acknowledged the late from Alaska’s perspective; it is power of citizens through their elected rep- ably agree with us in their hearts are late here. It is around 11 o’clock in resentatives to limit corporate influence in willing to vote even for disclosure— Washington, DC. In Alaska it is about elections because the interests of corpora- means we will never get it and it is an 7 o’clock, the sun hasn’t set, and here tions do not always correspond with the pub- empty promise. Do they understand we are in the Senate talking about lic interest and therefore, the political influ- the so-called independence of inde- what is important not only to my folks ence of corporations should be limited; and pendent expenditures has become a in Alaska but also to the rest of the Whereas, the Supreme Court’s radical re- write of the First Amendment’s protections joke, that the very underpinnings of folks in this country. will permit even greater corporate influence their decision in Citizens United does It is just July and we are already up over our political process by allowing unlim- not square at all with reality? Do they to our elbows in negative and dirty and ited spending from corporate profits to favor understand what every 1 of the 100 of us distorted attack ads. Imagine what it or oppose candidates; and

VerDate Mar 15 2010 05:54 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.082 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5037 Whereas, the Supreme Court’s decision will PACs—we hear that phrase often—dis- ginning, but it was a different era. It allow the free speech rights of a corporation close their donors, but these 501(c)4s— was a crisis that occurred with the cor- to dilute and outweigh the free speech rights that is what they are called, 501(c)4 ruption of money that tried to buy our of ordinary citizens, because of the vast fi- groups, which is a code underneath the governments, buy every elected official nancial resources corporations have for they could get their hands on, and in spending money to influence elections com- IRS code—they are actually called— pared with regular people; and this is what is amazing—social welfare that case the Presidency. That was 40 Whereas, the Supreme Court’s elevation of organizations, 501(c)4s. They don’t have years ago. corporate ‘‘rights’’ may have constitutional to disclose anything. They can run Now here we are. When we think repercussions that go far beyond this one their own negative ads or they can give about the money that will be spent this case and will undermine the ability of the unlimited money to super PACs with- time—$1 billion—almost 70 percent of people to regulate corporations in numerous out any disclosure. Either way, they the money so far has been used for neg- policy areas affecting people’s health, wealth don’t have to disclose their donors. ative ads. Poll after poll, I don’t care if and opportunities; and The era of secret money is here, and it is a scientific poll or sitting at the Whereas, THE American people, through coffee shop, or when I am traveling their local, state, and federal governments it is a lot of money. We have heard the must reclaim their rightful place as numbers. This year, we estimate al- around Alaska—people hate negative sovereigns in our democracy and protect the most $1 billion will be spent in nega- ads. But they continue to buy them electoral process from corporate domination; tive ads no one has to know who is pay- and they never want to tell anyone who and ing for. If they love these ads, if they is paying for them. Again, if they are Whereas, fair elections are fundamental to think they are so great and they are so so proud and they are factual, step to the health and well-being of our democracy, factual, all we are asking is to tell us the plate. and The election is 4 months away from Whereas, the City and Borough of Sitka who you are, tell us what you are doing. now and we are going to see an enor- Assembly stands in agreement that corpora- mous amount of ads. When I think tions are not entitled to the same first When I was mayor of Anchorage, I amendment rights in our elections as people had to deal with a group like this in about how this affects my State of and further urge our state legislators to one of my reelection campaigns. They Alaska—not so long ago, Alaska had adopt and send to the United States Con- ran an ad. No one knew who they were, some of the strictest campaign finance gress a resolution in support of amending the but I had a pretty good idea. I started laws in the country. Alaskans said we Constitution to restore the ability of the talking about it. I will tell my col- don’t want outside money or a few rich American people to limit corporate spending leagues what happened. In Anchorage, locals buying elections. in our elections. Now, therefore, be it people rejected those ads. I won my re- Let me give an example. Five hun- Resolved by the elected officials of the City dred dollars is the maximum amount and Borough of Sitka that: the City and Bor- election. I won the largest margin in my city’s history. But they started one can contribute to a candidate in a ough of Sitka, strongly condemns the Su- calendar year. Individuals, non- preme Court’s ruling in Citizens United vs. running these secret ads. They didn’t residents, the maximum amount for a FEC and supports amending the U.S. Con- want to disclose themselves. They Governor’s race is $20,000, total. Cor- stitution, to limit corporate influence and didn’t like a decision I made and then porations, business organizations, restore democracy in our elections for the they never came forward, but we knew unions in Alaska, prohibited. Groups benefit of the American people. who they were. Mr. BEGICH. I also want to talk Again, we think it will be up to $1 from outside, not based in Alaska, pro- about the solution to a growing prob- billion. They have already spent a hibited. Nongroup entities based out- lem, and that is the DISCLOSE Act. As quarter of a billion dollars. side of Alaska, prohibited. We have I presided, sitting where the Presiding The last time we had an issue such as some of the toughest laws. But now this effort is stepping on Officer is now, and now down on the this in this country around election- what citizens did through an initiative. floor, I noticed no one from the minor- eering in the sense of elections being They put at risk our State laws. Now ity is here in this Chamber countering bought by very special interest groups corporations can make independent ex- or debating what we are talking about was around 1972. Some people may not penditures on behalf of State can- tonight. They are at home away from remember the history, but all I have to didates in Alaska, which they could the TV cameras because earlier this say is a couple of words: Scandal. Wa- not do before. Our own campaign fi- evening they voted in a bloc against tergate. That is what happened. It was nancing agency in Alaska just issued moving the DISCLOSE Act forward. election money—more money than peo- an opinion that will allow for unlim- That is kind of interesting because I ple could ever imagine. The rules were ited spending. This will allow outside don’t know how many times I hear unlimited in 1972. As a matter of fact, groups and money to influence Alas- from the other side: Please let us have it got so bad that it was truly a con- kans in Alaska elections—exactly what the right to have a debate on a subject stitutional crisis. The President had to we didn’t want, through our own citi- matter. Don’t filibuster it; don’t re- resign. Think about it. That was the zens initiative. quire 60 votes. Let us vote. Let us last time we did election reform in the There is one thing we don’t like in amend these kinds of issues. So all we sense of campaign financing. And cam- Alaska and that is outsiders telling us are saying is, Let’s get to the vote. paign financing reform came in fast how to do our business. They did that They would get a chance to amend it if and furious after that, because it was for decades and took everything they they want, if they don’t like pieces of corruption with the money of a very could out of Alaska. Every dime, every it, but they won’t let us do that. They few people. It brought down our Presi- inch of land they could take in the voted in favor of unlimited negative dent at that time and almost brought sense of ownership of mineral re- political ads. They voted against trans- down this country. sources, they took it all for their ben- parency, openness, and honesty. They Things have changed quite a bit since efit—for a few. Alaskans said, No more. voted against the American people. then. I want to give a couple of stats Not only did we change our laws that They should be ashamed. They should because I think it is important to know govern, we also changed our elections be in hiding. where we have been and where we are law. Citizens did this. So what exactly is Citizens United? in the sense of this debate. Forty years What can we do in Congress? It is so The Citizens United ruling by the Su- ago was the last time we had meaning- simple: disclosure and transparency. preme Court—again, that many of us ful, aggressive election reform in the Members of both parties have said for have spoken about already—2 years ago sense of campaign financing. Back then decades that sunlight, as we heard to- opened the floodgates to unlimited cor- we could buy a gallon of gas for 55 night, is the best disinfectant. We need porate and special interest money in cents. Imagine that. HBO was launched more transparency. I am a huge advo- elections. As a result, corporations and as the first paid-for cable network cate for transparency. I post my own other wealthy interests exert vast in- channel, or TV station. Today, cable is schedule. I post my financial state- fluence in our political system through everywhere and the amount of money ments. I disclose my wife’s income, secret, anonymous, untraceable money. flowing into it is enormous. Digital which is not required. I called for crop Individuals, ordinary Americans, are watches were introduced. Everything is insurance transparency. I cosponsored having their voices drowned out. Super digital now. Back then it was just be- the STOCK Act.

VerDate Mar 15 2010 06:19 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JY6.026 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5038 CONGRESSIONAL RECORD — SENATE July 16, 2012 People just want to know what we the American people deserve to know you pay the consequence of what I are up to. And these corruptive sys- who you are. And if you are so proud of think Alaskans will feel; that is, these tems of a few, a dozen or so, who are those ads, you should disclose who you people who hide behind this money, se- trying to buy this election for their are. cret money, do not disclose themselves, own personal gain—we just want to The bill will not force groups to re- basically what they are pitching, what know who they are. They can spend the lease their member lists. Some people they are selling is hogwash. money they want, but we want to know have e-mailed me. I want to make it Mr. President, I yield the floor. who they are. very clear, if you belong to the NRA— The PRESIDING OFFICER (Mr. Transparency, disclosure, used to be and I belong to the NRA. I am a life- BEGICH). The Senator from Louisiana. a bipartisan idea. Senator MCCONNELL time member. Actually, I do not have Ms. LANDRIEU. Mr. President, I am said himself many times—we heard any problem with the NRA releasing proud to join so many of my colleagues this earlier; I want to repeat it because my name. If they want to put it on in speaking out tonight at this late sometimes what happens around this their Web site that I am a lifetime hour to try to call attention to a very place, I have noticed after only 4 years member, go for it, I am all for it. I am serious issue before the body; that is, here, is memories get very vague of proud to be a member. Put my name up whether political contributions of over what people said before and suddenly there. But this does not require us—if $10,000 should be disclosed. they change their ideas based on the you are a dues-paying member to a As Senator BEGICH eloquently stated, politics, not the policy—here is his di- group such as the NRA, your name will I think people are concerned and very rect quote from 15 years ago: not be listed. So that misinformation troubled by the fact that we are even I think disclosure is the best disinfectant. from some groups out there, shame on having this debate; it so defies common I think it gives our constituents an oppor- them. sense. I think people at home are say- tunity to decide whether or not we’re in the This bill is not an unconstitutional ing to themselves: Why is this even an clutches of some particular interest group restriction on free speech. The DIS- issue? Why are we debating this? Why and whether or not that’s a voting issue for CLOSE Act puts no restrictions on didn’t one Republican step up to join a them. I’m certainly in favor of enhanced dis- speech and is fully consistent with the group of Democrats to say: Obviously, closure. Supreme Court decision. if you are contributing to the political That is from the minority leader. The bill also incorporates the Court’s process $10,000 or more, you should Nearly every Senator in this body, on ‘‘effective disclosure’’ rules. make yourself known. both sides of this aisle, has said they Let me sum it up. This bill—and I I think Senator BEGICH, the Senator want more transparency. Polls show think the Senator from Arkansas from Alaska, listed many important Americans want to know exactly who spoke to this, and I thought it was points. I wish to underscore the point spends money to influence elections— great because we always hear that he made about transparency. they want to know it—because they these bills are so big, they are pages— Our government is far from perfect. want to have more faith in their rep- this is it. If you look at it, it is double- It is the oldest democracy, but it is the resentatives. Maybe this explains why spaced. It takes only half the page, best we know of. What are the reasons they are angry at us, why Congress has each one. It is not complicated, pretty our democracy is the best and it works such a low rating. simple. most of the time pretty well? It is be- The bill is very simple. I know people The bill is narrowly tailored and very cause it is, most of the time, trans- have said it over and over again, but simple. It does not prevent any special parent. The press can come here any- sometimes I think we have to repeat it. interest group or any corporation from time and write about what we speak. The bill is very simple. It requires any donating any amount they want. All Every word is written in a public organization that spends $10,000 or we are asking is, tell us who you are. record. All the records, vital records of more on influencing politics to file a When I say ‘‘us,’’ not us here—the the United States, are public. We pub- simple—simple—disclosure report with American people, who want to know. licize our real estate transactions in al- the FEC, the Federal Elections Com- The bill will give Americans faith most every jurisdiction I know of. mission. It is not complicated. Every that their elected representatives are There is so much public information group is treated the same. I have re- not being bought and sold by hundreds available. It is one of the reasons our ceived a few e-mails. I have to say, the of millions of dollars of secret democracy works pretty well. e-mails on this issue: all for it, except untraceable money. So this is a real step backward. And for only one against, so far. I know So I hope we vote on the DISCLOSE it is a dangerous step backward to have once I have said this, tomorrow I will Act again, and as soon as tomorrow. a democracy that prides itself on trans- see a ream of them because five or six And I hope my colleagues from the parency and here we have half of this of these special interest groups will be other side come back to this. Maybe Chamber running out the door after churning out stamped-out letters. they will have something to say. I do they basically voted to keep contribu- But this treats everyone the same: not know. It has been a long night. We tions secret. What is it they are corporations, nonprofits, labor unions, have not heard a word from them. It ashamed of? I mean, what is it they are 501(c)(4)s, 527 organizations. They only would be nice to have a debate on this. trying to hide? If they are proud of who have to disclose money spent on elec- But also let’s do what I know Alaskans they are supporting, if they believe in tions, and only from individuals giving are asking me every day: Clean up the the causes to which they are investing, more than $10,000. system. The best way you can do that why not let people know? As the Pre- Under this bill, money given to these is to tell people where the money is. siding Officer said, he is a member of groups for other purposes does not need Show me the money. Follow the the NRA. All of us are members of dif- to be disclosed, despite what you read money. And when you follow the ferent organizations. I most certainly in the papers and the blogs—the misin- money, as in 1972 they did, you know do not mind the organizations—I am formation that is put out there or by exactly who is trying to buy the gov- chair of the Adoption Caucus. I love to the undisclosed groups that tell you ernment. In this case, we just want to see publicity about the members and the misinformation, that will not tell know. what we do, and I am proud of what our you who they are but want to give you If you are so proud of these ads you organization does. It is nonpartisan, of more misinformation. run—and I am sure we all sat around a course. But I believe in and we advo- This is a new and improved version of little bit talking about this. As soon as cate for those principles. the DISCLOSE Act that failed on the we come to the floor and say these I am alarmed at the stubbornness Senate floor 2 years ago by just one things, people will be—I am sure 2 and the position our friends on the vote. Under that bill, the cutoff for dis- years from now when I am up, they will other side of the aisle have taken to closure was $600. Now, in this bill be- be thinking: I am going to run those not want to let their constituents fore us tonight, the threshold is $10,000. ads against that Begich guy. My view know who is contributing and for what That is not too much to ask. If you is, hey, if you want to run them, run reason. So I believe that transparency give $10,000 or more for negative polit- them. People want to know who you clearly is in jeopardy tonight over this ical attack ads that distort the truth, are. But if you will not disclose, then DISCLOSE Act, and I hope we can have

VerDate Mar 15 2010 06:19 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.086 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5039 another vote and persuade more people lic office have full and complete disclo- are going to set up a new set of colo- to join us, to open up, let the sunshine sure. nies, a new set of rules. in, let people see what is actually going But the money that is being spent in One of the things at the very heart of on. these campaigns is exorbitant. It is bil- that was the notion that we the people, The other point I wish to make is lions and billions of dollars. I think we the settlers, we are colonists. We that the middle class in this country is this campaign cycle is setting are going to decide how things run under assault. There was a very star- records—and to have this all done in rather than having kings and queens or tling article in the New York Times secret. So you are being attacked on other very strong folks handing down last week that talked about in the last television or positions are being taken, the laws from now on. That was a pow- 2 years the income, the net worth of and no one watching the ads has any erful concept that got integrated into the average American has fallen by 40 idea who is behind them because there the first three words of our Constitu- percent because of secret deals on Wall is no requirement for disclosure. tion, ‘‘We the people.’’ Street, because of secret collusion of I want to thank Senator WHITEHOUSE Does the Senator have any sense some of the largest financial institu- for his leadership. Senator MERKLEY whether this flood of secret, this mas- tions in the world, because of a lack of has also been very active, other Sen- sive flood of secret money coming from transparency in our financial system, ators. Senator SCHUMER has taken a powerful individuals, billionaires and and a number of other reasons; but leadership role as well. I appreciate the companies, does damage to this con- that was primary—and the lack of en- committee that has come together, and cept of ‘‘we the people’’? forcement, of having good regulations I am happy to be of assistance to them Ms. LANDRIEU. Absolutely. The and the enforcement of good regula- in this effort. Senator is correct. As I said, the recent tions. You would think people would be But again, this does not limit the polling I have seen has the opinion of moving forward to open the process to amount of money anyone can give to a Congress and the way Washington gov- make it more transparent. This is campaign. It just says, if you give over ernment is operating at an all-time going in the opposite direction. $10,000, you should disclose it. It does low. People do not believe they are get- The middle class is under assault. not limit free speech. It does not limit ting the whole story, the full picture. Congressional rating is at an all-time the amount of money that can be spent This is going to contribute in a very low. So what do we do? We say it is OK by an outside organization. It simply negative way to that opinion, which is to give tons of money to elections, and says that during this election cycle, detrimental to the foundation, the es- to cover it up, and to be secret about you would have to report expenditures sence of this democracy. I think our it, and to not tell anyone who is giving of over $10,000. Founding Fathers would be horrified to and for what purpose. Of the more than $140 million that actually think a small group of individ- Our poll numbers for Congress are has already been spent during this elec- uals can, through campaigns, buy the down. I think they were down to 3 per- tion cycle, the first Presidential elec- outcome of the election or buy the at- cent or 13 percent or something. It is tion cycle since Citizens United—more tention of the candidate or the cause, going to go negative. And I would not than $140 million has already been and not even have to disclose their identity or why they might be inter- blame people. We will be a negative spent. Why would these groups be ested. number in the polls. Because people are spending this much money if they were Everyone is entitled to free speech. I losing confidence in the system. This is not going to ask for something? What do not think people are entitled to se- an example of why they should lose is their motive? What are they expect- cret speech or secret attacks. If you confidence in the system. ing? These are wealthy individuals. are going to get into a fight, you would I am disappointed it is just those of These are not organizations of thou- like to know with whom are you fight- us on our side of the aisle who seem to sands and thousands and thousands of ing. Identify yourself. This system ob- be concerned about this. And the other people. Many of these are individuals scures the truth, which I think people Members, I am not sure what their who are contributing and want to hide have a right to know. I think it does points are in the debate because not behind the recent ruling of the Su- cut at the heart of some of the strong- one single person has come to the floor, preme Court. est principles of our democracy. at least in the last several hours. I So I am proud to lend my voice to Mr. MERKLEY. I was thinking back know the minority leader made some the DISCLOSE Act. I am proud to be a to a book that a friend gave me to weak attempts at explaining their posi- cosponsor and want to join my col- read. It was called ‘‘Treason of the Sen- tion earlier in the night. If they felt so leagues in asking our colleagues on the ate.’’ When I first heard him speak strongly about this being a pillar of other side of the aisle: Do we not need about it over the phone, I think he was our democracy, they most certainly more transparency in government? Do saying he had a book about the reason should be on the floor talking about you not think the middle class is under of the Senate. It turned out to be not why, but they are not. They ran out of enough assault? Do you not think this the reason, but the treason. It was a se- the Chamber, and they are not here. would build some confidence that our ries of articles, I believe about 20, that And so with the middle class under government would be more trans- were written during the muckraker pe- assault, with people understanding and parent, people could see what was actu- riod. thinking and seeing special interests ally happening and understand why It was each month taking a different having their day in Washington, let- some of those contributions are being Senator, how they had basically been ting some sunshine in most certainly made? put in office through a particular com- would not hurt. So we have some time. We have op- pany in a different State—different The DISCLOSE Act is a necessary portunities to cast another vote. I hope powerful interest. This set of articles piece of legislation to respond to the our colleagues will, and the public will, apparently was one of the things that U.S. Supreme Court’s decision in Citi- demand that we have additional votes led to a constitutional amendment be- zens United. until we get the required votes nec- cause it helped the public mobilize This legislation, as we said, does not essary to pass such a commonsense so- against the indirect election of Sen- limit the amount of money outside in- lution to a real problem. ators and pushed for the direct elec- terest groups can spend on campaign I yield the floor. tion. expenditures. It simply requires disclo- The PRESIDING OFFICER. The Sen- So here was the public saying: You sure. We are doing a better job of dis- ator from Oregon. know, we the people have this system, closing our income, our stock trans- Mr. MERKLEY. Mr. President, I and it has been violated. So we have to actions. I think our records should be thank my colleague from Louisiana for try to change the system so we can re- public, our tax returns. I have sub- her remarks. Would the Senator be claim it. mitted many of my own in elections. I able to engage in a question or two? I think that is maybe some evidence hope Mitt Romney steps forward to Ms. LANDRIEU. Yes. of the role of excessive power and submit more than 1 year of his tax re- Mr. MERKLEY. I think back to the money and its corrupting influence or turns. I think it helps to build con- period when our forefathers and its corrosive influence on the electoral fidence when those of us who hold pub- foremothers came here and said: We process.

VerDate Mar 15 2010 06:57 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.087 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5040 CONGRESSIONAL RECORD — SENATE July 16, 2012 Ms. LANDRIEU. The Senator is per- big-money version of the first amend- I think this is going in the opposite fect to point that out and is an excel- ment. When money is speech, which is direction of what the American people lent student of history. He has dem- the principle of Citizens United, guess want us to do right now. If the middle onstrated his understanding. Before what. Those with the most money get class is not angry enough, they really Senators were directly elected, they the most speech. should be angry about this because the were elected by the legislators of their Those who do not have a lot of consequences of secret, undisclosed, States, and oftentimes literally sent to money do not get a lot of speech, and unlimited amounts of money puts the Washington by special interests—for those who have no money get no average person at risk. It disenfran- instance, the railroads. speech. That is not what the Founders chises them. Instead of the laws being written to intended. So there is a strong simi- We have worked for over 230-some- help people, average citizens or home- larity between the move to take the thing years to go through a process of steaders or people trying to get a hand vote and put it in popular hands and perfecting our democracy to where up and a helping hand, some of these what we are trying to do with disclo- every man, every woman, every person Senators came, basically bought, sold, sure, which is put the money in pop- 18 and older has a right to vote and delivered, and packaged to Wash- ular hands. We cannot do that under participate. ington, DC, to argue on behalf of one Citizens United. Now what do we do? Just wake up special interest. With the DISCLOSE Act, at least you after 230 years and say: That is not It is tough to keep things in balance know what is going on. You can look at working. Let’s just give the govern- here right now without us going back the game that is being played. It is ment back to the rich, the few, and to these times. That is what is so cards up on the table. If you are being they do not even have to say who they frightening. I see Senator WHITEHOUSE denied the ability to speak on even are. They do not have to disclose any- on the floor. He has been studying this terms with the CEO or a billionaire or thing about themselves. and has many documents he is refer- a major corporation or some big lob- This is absolutely going in the wrong ring to, but that is what is alarming. I bying group, at least you have the direction at the wrong time. I hope do not think people realize—I mean right to know what they are doing, people listen to this debate and not this is really moving backwards in what they are saying, what is going on. say, well, there they go again, but I time. You can keep score. When you get to- hope they really understand the con- When Washington operates in se- gether, you can get mad and do some- sequences of this kind of secret money crecy, there is no way to get the infor- thing about it. in the system. It is corrupting. It is not mation. Why would we want to do this Behind the veil of secrecy you cannot right. at a time when the middle class is even keep score. You do not know what Mr. WHITEHOUSE. Mr. President, I under assault? They have lost 40 per- is going on. was a prosecutor for many years. I was cent of their net worth. At a time when Mr. MERKLEY. Just a moment ago the U.S. attorney for our State. I was our popularity and trust with the peo- our colleague from Louisiana was not- the attorney general for our State. ple is at an all-time low, this does not ing that we have important work to do When you are prosecuting crimes, make any sense to me. I do not under- to shore up the American family. Fam- there is one very important thing that stand any benefit that would come ilies have lost—the number is, on aver- you always look for. Motive. You look from it. age, $100,000 of equity in their house for a motive. And I think one of the Mr. WHITEHOUSE. May I follow up per family. That is a phenomenal things that is obvious to all Americans on the points that Senator MERKLEY amount. If we look at the equity held is that the folks who engage in unlim- made. The comparison he made to the by our Hispanic families, our African- ited election spending do so because constitutional change that took the American families, they have been vir- they have a motive. Someone may give Senate from election by State legisla- tually wiped out by a system of deregu- $1,000 here or there because they are tors to direct election by the people is lation, predatory mortgage, leading to passionate about an issue. They may very much a model for what is hap- a housing bubble. give $20 because they know the council- pening here. There was a desire to get We have a desperate need for jobs. I man who is running. But these folks the vote away from the special inter- think what I hear the Senator saying is who are giving $4 million at a hike, ests and put it in the hands of the ac- that in the face of these needs, allow- they are doing it because they have a tual people. ing unlimited spending by the most motive, and it is important for the pub- Here it is a desire to get the spend- powerful interests in the country to lic to know what that motive is. ing, the money behind the vote, out of pursue the interest of the most power- So now you take the next step. If it the hands of the special interests and ful is not going to help us create those is unlimited, it is to open the doors for back to the people. What Citizens living-wage jobs Americans so des- the people who have a motive. If it is United did was to go backwards, open perately need. It is not going to help us secret, what does it tell you about that the flood gates of special interest fund those health care clinics that are motive? If it is secret, what it tells you money, and allow it to be secret. Try the front door for folks who do not about that motive is that it is a bad to put ordinary voters up against that have the big salaries and the big ben- motive for the American people. kind of a force. It is not fair to ordi- efit packages. It is not going to help This goes back to the point Senator nary voters. It is not right. In some re- put food on the table for those out of LANDRIEU and Senator MERKLEY were spects it puts the right they are taking work and hungry, and in that sense making, whether it is trying to help up inside out, and that is the right of this process of us working by and for get your kids through college, not hav- freedom of speech. the people is being corrupted by these ing to pay the increased interest rates, I think we all have seen the four free- vast pools of secret spending? to be able to get a Pell grant or wheth- doms, the posters by Norman Rock- Ms. LANDRIEU. Absolutely. That is er it is paying to put food on the table well. Perhaps the most famous of those why I said the Senator is correct; why or trying to get a decent job—and posters is the one of the fellow in the I am astonished that people on the Rhode Island still has 11 percent unem- tan windbreaker jacket, a thin guy. He other side of the aisle who talk about ployment—you can name your issue. is standing up tall surrounded by peo- good government, government for the If this special interest, unlimited, se- ple, clearly at a townhall meeting. Why people—you know, that is what the tea cret money was aligned with what the is he standing and what is he doing? He party movement is supposed to be American people want, they would not is speaking. He is having his say. about. It is supposed to be about tak- be fighting about this. They would not The way Citizens United worked out, ing government back. This is not tak- care whether it was secret. They need they are basically saying we do not ing government back to the people; it to be secret. They filibustered this have a constitutional right to speak. this is giving it away to people who bill because they know those special We have a constitutional right to lis- have the most power and the most interest motives are against the public ten. We have a constitutional right to money, and you do not even know who interest, against the interests of the listen when big money speaks. It is es- you gave it to because you did not have American people. There is no other sentially a shut-up-and-listen-to-the- disclosure. logic.

VerDate Mar 15 2010 05:54 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.088 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5041 There is no reason people would give and more because of laws and rules If the Congressman gives way to that that much money in a race—unlimited such as this that we cannot seem to get kind of pressure—pressure that was money—if they didn’t have a motive. straight, what happens is people get de- never possible before Citizens United There is no reason they would want spondent and turned off, and then the and is not as possible if it is not se- their behavior to be secret unless that special interests can run the show if cret—then you have no clues and you motive was bad. There is no other ex- people don’t vote and contribute. So it have actual corruption and the system planation. is a part of a whole strategy to kind of is even worse than what we see out Mr. MERKLEY. I ask the Senator, take the government away from the there. when the company gets involved in people and hand it over to a group of In some respect, as awful as what we that manner or a billionaire gets in- special interests with unlimited see is that it might be the iceberg that volved in that manner and their motive money, secret attacks to basically you see above the water and the 90 per- is largely to advance their financial in- fashion and write the laws that benefit cent that is under the water that you terests, do they use that to fund ads the few as opposed to the masses. It is don’t see could be worse still. that are an accurate representation of completely against the concept of our Mr. MERKLEY. To my colleague the facts? democracy. from Rhode Island, I ask this: How is it Mr. WHITEHOUSE. That is a fas- Again, I know there are people who possible for 5 members of the Supreme cinating development. I don’t remem- have a lot more money than others, Court to look at this issue of unlim- ber the numbers off the top of my head, and they should be free to make deci- ited, secret spending and knowing that but I will try. My recollection is that sions about what they do with it. I can be used to intimidate and corrupt before the super PACs kicked off with don’t have a problem with that, al- the electoral process and corrupt the all this, 9 percent of the ads were nega- though I have supported campaign lim- debate by the threat of future activi- tive in the last election cycle, at a its. But it is the disclosure—the lack of ties, future secret activities, secret time when 78 percent, I want to say, disclosure, I should say, that is fright- negative, lying activity, and not see were negative—or 70 percent. It went ening here and the secret nature of the corruptive or corrosive effect on from 9 percent being negative the cycle this—to go on television night after the American democracy? before—the Presidential cycle before— night and tell people how this person is Mr. WHITEHOUSE. That is an inter- to 70 percent being negative now. That either wrong or the system is broken esting question. One would have to is nearly eight times as much nega- and people stay home and less and less look into the hearts of those five Jus- tivity—more than half, nearly three- people vote and the few people who tices to get the answer to it. But why quarters, where it was less than 1 in 10 have the power, access, and privilege they would be willing to make such a before—an explosion of negativity. write the rules even more in their own dramatic, activist move without work- So we know that is happening. The favor. ing with four other colleagues to try to other thing we know is happening is it This is taking our democracy, in a bring them along—why it is always is misleading. It is not accurate. It is dangerous way, in the wrong direction. those five making these activist steps deceptive. The Annenberg Institute has Mr. WHITEHOUSE. If I can add an toward the Republican agenda is a done a study of the top four outside additional point that Senator MCCAIN question I can’t answer. What is their spenders—outside political spenders and I made in our brief to the U.S. Su- motive? They know that in their that aren’t campaigns or parties—these preme Court opposing the Citizens hearts. I don’t. special influence manipulating ma- United decision and asking for its re- One can observe that over and over chines. The top four—they looked at consideration. It is terrible what these again, the five Justices who are per- their ads and, if I remember the figure negative ads filled with deception do to forming the Republican role on that correctly, 76 percent of them contained the American public, and it is discour- Supreme Court are delivering the goods information that was deceptive. aging to people about the participation and doing things that advance the Re- Mr. MERKLEY. While the Senator is we expect of Americans and govern- publican agenda. That is not me talk- ing, those are people who have followed on that topic, I have the Annenberg ment and, ultimately, it leads to cor- chart here, I believe. this Court for decades—the most ruption, as the Senator points out. At Mr. WHITEHOUSE. There it is, 85 prominent writers about the Supreme least in the example Senator LANDRIEU percent. I underestimated it. Court—who noted that fact. Mr. MERKLEY. It was 85 percent de- gave, you see the spending. There is at Ms. LANDRIEU. May I expand on the ceptive and 15 percent accurate. To the least a dirty, deceptive, negative at- Citizens United? The Senator from tack campaign up on the air. So it is other point, this is taking one of the Rhode Island and Senator MCCAIN contests between Gingrich and Rom- not completely invisible. You just wrote a brief to the Supreme Court ney. You can see the red bar, the nega- don’t know who is behind it. suggesting the detrimental impact of What that leaves open—again, this is tive ads, benefiting Romney for at- the decision the five Justices have the prosecutor in me talking—is the tacks on Gingrich. Positive ads for made. Did they, in that decision—how Romney was zero. Over here, Gingrich threat of that same campaign—the did they treat corporations? Do they didn’t have very much super PAC visit from the lobbyist who comes in to treat corporations as people? Is that money in this race and so it kind of the Congressman and sits him down in what they did, on equal footing with was wiped out completely. a quiet room and says: Have a look at Citizens United, or was it more of just So what we see is not just a flood of this and places a 30-second commer- there should not be limits on contribu- money on behalf of the powerful spe- cial—negative, deceptive, slashing, vit- tions? Did they say that corporations cial interests, but it is being spent to riolic, vile, all against him, and says, are like people and should be allowed attack people—the negative side—and you know what, under Citizens United, to contribute unlimited amounts? through lying. Can this in any possible we have the right to spend $5 million Mr. WHITEHOUSE. In effect, that is way be healthy for a democracy? playing that ad against you all through what they did. The famous expression Ms. LANDRIEU. I will respond to the next election, and we are thinking that ‘‘corporations are people, my that, if I may. The Senator hit the nail about doing it. You know what, under friends,’’ is the expression actually of on the head. Some people—I am one of Citizens United, we have the right to Governor Romney. But it sort of at- them—believe there is literally an ef- put up phony shell corporations so they tached itself to the Citizens United de- fort to discourage people generally will never see our fingerprints. The cision, which doesn’t actually use from believing that government can only thing the public will see is Ameri- those words. But it does treat corpora- work at all by being so negative either cans for peace, puppies, and prosperity. tions as having the same rights in the to an individual or to the concept of That will be the phony name we are political process as human beings do. government that it discourages people going to use. If you vote right, this will They don’t have consciences because from voting and participating, and the be the last time you hear from me. If they are not human. end result of that is that a small group you don’t vote right, you are going to Ms. LANDRIEU. They don’t have can manipulate the system. hear $5 million worth from me through hearts, and they don’t have minds. If people think the system is rigged, my shell companies. How are you going Mr. WHITEHOUSE. They don’t have which it seems like it is getting more to vote? children. They don’t have aspirations.

VerDate Mar 15 2010 05:54 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.094 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5042 CONGRESSIONAL RECORD — SENATE July 16, 2012 They don’t have souls because they are human speakers is significant. Although in Citizens United that unlimited se- not human. They don’t have goals. they make enormous contributions to our cret money—not just dark pools of un- They don’t have all the things that society, corporations are not actually mem- regulated cash but vast oceans of un- make us different and make us human. bers of it. They cannot vote or run for office because they may be managed or controlled regulated, undisclosed secret money— But, evidently, they have the same by nonresidents. Their interests may conflict can be utilized in the electoral process rights. Because they don’t truly exist, in fundamental respects with the interests of without the people having any right to it is a legal fact that they are a legal eligible voters. The financial research, legal know. That is what the Supreme Court fiction. What that is doing is empow- structure, and instrumental orientation of said is just fine, and that is what at- ering the people behind the corpora- corporations raise legitimate concerns about tacks ‘‘We the People’’ in favor of ‘‘We tion, the people who control the cor- their role in the electoral process. the Powerful.’’ Our lawmakers have a compelling con- poration, ultimately. stitutional basis, if not also a democratic Now, not a single member of the Su- Ms. LANDRIEU. It is actually giving duty, to take measures designed to guard preme Court has run for office, to my more power to the people who control against potentially deleterious effects of cor- knowledge. Not a single member of the the corporation. Not only do they con- porate spending in local and national races. Supreme Court has served in elected of- trol their own vote and personal opin- So here is the esteemed Justice say- fice, to my knowledge. I am happy to ion, which is fine, but it gives them ing not only—not only is there a com- stand corrected if any of my colleagues extra power because they have access pelling constitutional basis but prob- know otherwise. So perhaps they didn’t to wealth and influence in the business ably a democratic duty. And what is he have the personal experience to under- structure. talking about? He is talking about ‘‘We stand the types of things my colleague It also occurs to me that if the tiny the People,’’ the first three words of from Rhode Island was speaking about, State of Delaware would take this one our Constitution—the vision that we that folks who can wield huge sums in step further, they might be able to ex- have a democracy, that we have a rep- elections not only can affect the out- pand their congressional delegation in resentative form of government, we come of elections, but they can use it Washington because I think they have have a republic, and that it is centered as a lever to corrupt the very process quite a few corporations that are evi- around, as President Lincoln so aptly we are in tonight—the debate and vot- dently alive and well and walking described, ‘‘a government of the people, ing on bills. So one would think, at a around in Delaware. Since they have by the people, and for the people.’’ We minimum, the nine Justices, knowing many corporations that are there, they have a duty to protect that. they may not have the personal experi- should press this issue a little further Montana had a duty to protect that ence but who need to make a finding in and they might only be stuck with two 100 years ago. Earlier this evening, order to proceed, would want to hear Senators, but who knows how many Senator TESTER was here on the floor, all the evidence. But instead what the House Members they could get—maybe and he was speaking about the 100-year five Justices did in summarily dis- equal to California. present the Supreme Court delivered. missing the case from Montana was to This issue or decision the Court made Montana said 100 years ago that com- cover their ears, cover their eyes, and is mind-numbing, doesn’t make sense, panies, through a variety of means, say that facts don’t matter, corruption and it flies in the face of what is good have taken over our State, that it is no doesn’t matter, the corrosive influence, for our democracy and in the face of longer a government by the people, and the vast oceans of secret money—none decisions that courts have made. That so we are going to take it back. We are of it matters. And that is simply aside, which is troubling enough, then going to exclude corporations from the wrong. you take the next step, as the Senator electoral process. And they have done I must say, when I think about what from Oregon knows, and say that not that for 100 years with the direct pur- we are doing here on this floor, fight- only are corporations people and have pose of people, not companies, control- ing to have a Senate and a House that access to their own vote and if you ling their State. That is the demo- are all about what President Lincoln happen to run a corporation, you get a cratic duty Justice John Paul Stevens described as ‘‘of the people, by the peo- vote for that corporation as well and was speaking to. ple, and for the people,’’ and across the all the people who run it, then you can So the people of Montana were very street we have a Supreme Court deter- do it all in secret. It is very troubling. upset about Citizens United. Some Mr. MERKLEY. Even the corporation folks said: Well, Citizens United is a mined to tear down the fundamental itself doesn’t know what it is doing; case. Surely Montana can’t continue to heart of our Constitution, it is com- that is, the corporation might have keep companies or corporations out of pletely wrong, and yet they won’t even 10,000 shareholders and they are the co- their electoral process, so we will chal- listen to the facts in order to under- operation. The corporation is a legal lenge that. And that challenge went all stand the issue they are addressing. fiction, as our colleague says, that al- the way to the Supreme Court, and the It is so important for Americans lows a board of directors to make deci- Supreme Court basically issued a sum- across this Nation on the right and on sions on behalf of those thousands of mary judgment—a judgment in which the left to understand that this is an people who own stock. So they are not they said: We are not going to look at attack on their power as citizens to spending their own money, they are the facts from Montana. We are not chart the course of their community, spending money that belongs to the going to look at the 100-year history of their State, and our Nation. I think I will conclude my remarks. I stockholders. But those stockholders why the people of Montana chose to have a lot of facts and history here have no idea how that money is being fight for ‘‘We the People.’’ We are not spent under Citizens United. So it is going to consider any information at that I thought about presenting to- not just corporations spending money all. We are just going to summarily de- night, but I think the discussion we that is secret from the rest of us, it is cide that this case will not stand, and have been having is really at the heart the officers spending it secretly from we are going to throw out the Montana of this; that is, as we wrestle with the the corporation itself, and that is the law. fundamental challenges facing our Na- stockholders. Well, that was some gift to the peo- tion—a shrinking middle class because Ms. LANDRIEU. It makes no sense. ple of Montana who are fighting for we are losing manufacturing jobs—and We can stay here all night, and I am ‘‘We the People.’’ And this is why I we need to understand why that is hap- not sure we can get anybody to under- thought I might summarize Citizens pening and how we can create living- stand it. We have to reverse this law United in the following way: wage jobs in this Nation, where health and get transparency back into our In Citizens United, five Justices of care is becoming more and more expen- electoral process. the Supreme Court have taken the first sive and an enormous challenge for Mr. MERKLEY. To the Senator’s three words of the Constitution and families, where for the first time in the point about the distinction between a they have X’d out ‘‘people’’ and have history of our country we are becoming corporate forum and an individual jus- written in ‘‘powerful,’’ so it is now ‘‘We the first group of parents whose chil- tice, John Paul Stevens addressed this the Powerful.’’ That is what Citizens dren are getting less education than we in his dissent. He said: United is all about. got—as parents, we are seeing our chil- In the context of elections to public office, Now, I am deeply disturbed that our dren get less education—those prob- the distinction between corporate and Supreme Court made a finding of fact lems, as we tackle them, are not served

VerDate Mar 15 2010 05:54 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.095 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5043 by vast oceans of secret money weigh- voices heard in this debate. We know has happened recently after Citizens ing in on elections because that money the public is strongly behind this. United as, ‘‘We seem to have created does not come from the point of view of Six in ten Americans say the middle the political equivalent of secret Swiss fighting for the health and welfare of class isn’t going to catch a break while bank accounts.’’ the citizens of our Nation. the big lobbyists and big donors con- They asked the question, Who is Our forefathers and foremothers trol things in Washington. Americans writing checks for $10 million or $1 mil- talked about, in order to create a more get that you don’t spend this kind of lion at a single throw? And what do perfect union and enable citizens to money without a motive, and they get they want? We don’t know. This shad- pursue happiness and provide for the that if you will only do it in secret, it owy bazaar undermines our political general defense, and none of these fun- is probably not a good motive. They system. They note that until recently damental things were the point or the can figure this out, so they understand. Republicans supported full disclosure. goal of these entities with vast pools of Seven out of ten believe super PACs Now that the tide of money is running money. That in itself shows how corro- should be outright illegal—not secret, in their favor, they don’t. They de- sive and corrupting that money is. but illegal. Seven in ten agree with the scribed this DISCLOSE bill as a reason- So I say to my colleagues across the statement that new rules that let cor- able bill that would, among other aisle, each of us came here and we porations, unions, and people give un- things, require identification of donors swore an oath to this constitution. And limited money to super PACs will lead of $10,000 or more to certain organiza- at the heart of this Constitution is not to corruption. Seventy percent of tions that spend money on political ‘‘We the Powerful.’’ At the heart of our Americans agree with that. Seventy- campaigns, and they close with this Constitution is ‘‘We the People.’’ So seven percent want to reform the cam- question and this observation: There is before we vote a second time on wheth- paign finance laws and consider that to a very good chance that when some er to proceed to this bill, I ask my col- be very important. As a number of my government decision or vote comes leagues to examine their hearts and colleagues have said, one in four Amer- along next year, responsible politicians their responsibility to their citizens, icans is so upset by what this has done will find themselves haunted by the se- their responsibility to the Constitu- to degrade American democracy. They cret money of the 2012 campaign. tion, their responsibility to ‘‘We the think it makes them actually less like- Is it really worth it? The Washington People,’’ and to find that we do have a ly to go out and vote because they fig- Post asks: Do these donors deserve to responsibility to debate this bill in this ure, why bother, this is just a racket at remain hidden? Why can’t they handle Chamber, and for that reason to vote this point. a little sunshine? yes when we again vote on whether to These numbers really should be a call I want to thank USA Today for a proceed. to arms for the people who believe July 6 editorial supporting this: ‘‘Freed I thank the Chair. America is, in fact, a city on a hill, the by the Supreme Court from spending The PRESIDING OFFICER (Ms. LAN- American exceptionalists—of which I limits,’’ they observed, ‘‘all manner of DRIEU). The Senator from Rhode Island. special interests are opening the spig- Mr. WHITEHOUSE. Madam Presi- consider myself to be one—the lamp held up to other nations, the alabaster ots to buy influence.’’ dent, I will be the last speaker for to- ‘‘Especially worrisome,’’ USA Today night. Let me close with a number of city is gleaming. That is all for real, but the Citizens United decision and points out, ‘‘are secret donations, thank-yous. which are proliferating. A corrupting First, let me thank the Presiding Of- the failure to support us on DISCLOSE does nothing for that. influence in any campaign, secret ficer, Senator LANDRIEU of Louisiana, money is even more dangerous in less for staying past the midnight hour to But it wasn’t just the polling that expensive races where it can buy a seat help keep the Senate open. Let me brought that up to a lot of people. Peo- in Congress or a state legislature, with- thank Senator MERKLEY, who has ple came online in a very big way to out voters knowing who the buyers are been—to the extent one can be enthusi- participate in this debate—617,000. Mr. President, 617,000 Americans have or what their agenda is.’’ astic about staying until this hour, USA Today folks said: there he is, smiling. Yes, ‘‘enthusi- signed up as supporters of the DIS- Citizens United left the public only one astic’’ is the right word. He was part of CLOSE Act now on a variety of dif- ferent Web sites, including DISCLOSE way to protect itself from the rising threat a group Senator SCHUMER organized disclosure. At the federal level, this would be himself, along with Senator MICHAEL Act.Com. DISCLOSE Act.Com got so achieved by the Disclose Act. . . . Today’s BENNET, Senator TOM UDALL, Senator much activity just before the vote that version, scheduled for Senate debate this AL FRANKEN, Senator JEANNE SHAHEEN, the public interest in it actually month, requires that all groups—social wel- Senator JEFF MERKLEY, and myself, crashed the Web site. So the American fare, union and business—report all expendi- who worked together to redraft this public is really paying attention. I tures and all donations more than $10,000. legislation, trim it down, and to orga- thank those folks who paid attention, They fear that ‘‘the inevitable result nize today’s vote and events and to- and I thank those who set up the op- is that come November, voters in many morrow’s vote. So I thank all of them portunities for those Americans to closely contested races will make their for their enormously hard work. have their voices heard. I appreciate it decisions based on a late flood of ads of I thank the pages, who have had to very much. dubious credibility paid for by people stay very late, and the floor staff, who I want to thank some of the leading whose names and motives are un- have had to stay very late. I appreciate newspapers in this country for their known. How long it will take voters to the fact that we have put a burden on editorial support in the past few days. realize they’re getting conned and de- them and on their families, and we I have already spoken before about the mand disclosure is anyone’s guess.’’ would not be doing that if we didn’t New York Times’ editorial, so I won’t I will briefly point out that the claim consider this to be a very important go back and repeat it at length, except that the DISCLOSE Act favors unions issue. for the phrase they used: is a complete nonstarter as a criticism. I wish to thank the entire Demo- Corporations love the secrecy . . . because The bill is very short. It has very big cratic caucus for their support. Our it protects them from scrutiny by nosey print. You can read it very quickly. colleague BILL NELSON has had a shareholders and consumers. There is nothing in the bill that gives unique experience. He has actually rid- The Washington Post had a very unions any advantage over any other den a rocket up into space. He has been strong editorial entitled ‘‘Expose the form of organization. It is just not up with the NASA program as an astro- Fat Cats.’’ It said the following things: there. naut. In some respects, I feel that I and Not a single Republican in the chamber I have challenged Republican col- others who were leading this were real- has expressed support for the Disclose Act leagues to point to a single provision ly doing nothing more than riding a . . . It should be interesting to hear how the or make a single counterproposal, and rocket of the enthusiasm of our caucus Republican senators justify this monumental they have done neither. The DISCLOSE to get this thing done for the sake of concealment of campaign cash. Act applies equally to all corporations, our country. They allude to the Watergate break- period, end of story. I thank the American people, who in and the bad old days of unregulated The $10,000 threshold eliminates an- went out of their way to have their cash contributions and describe what other problem, which is this business

VerDate Mar 15 2010 06:47 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.096 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5044 CONGRESSIONAL RECORD — SENATE July 16, 2012 that membership organizations are of their homes, and they compare the being the first person to ever style going to have to disclose their donor Koch brothers being criticized by their hair professionally. list. As recently as today, the Repub- bloggers to that. It simply isn’t so, and Ruth’s contributions to the lican leader said this will force organi- it simply isn’t right. Booneville community stemmed from zations to disclose their donor lists. It I will conclude by saying that we are running a business, raising a family, won’t. Not at a $10,000 threshold. You not done. This is too important. It is and playing a major role in her hus- can get a lifetime membership in the too important for what America stands band’s public career. A World War II National Rifle Association for $1,000. If for. It is too important for the middle veteran and mayor of Booneville for 54 you are a cat and you have nine lives, class who are going to be losers in the years, Charles Long is no stranger to you can get nine lifetime memberships debates that are influenced and cor- public service. Through the many years in the NRA and still not break the rupted by special interest money. It is that Charles has served the Booneville $10,000 threshold. It will catch 93 per- too important for the world which de- community, Mrs. Long remained a con- cent of the money that goes into the pends on the example that America stant partner to him and accompanied super PACs because it goes in in such provides. him on many trips he made as big chunks. So we didn’t have any luck today. We Booneville mayor. So it is a good number to use. It pro- are going to vote again tomorrow. I Though Ruth was a source of tects the small membership organiza- urge my colleagues to vote with us. strength for her husband, Mr. and Mrs. tions but hits virtually all the big do- But even if we don’t win tomorrow, we Long equally relied upon one other. nors. Clearly, it is not an attack on the will be back again and again and again. During one of Mr. Long’s trips as first amendment. This charge has its When Joshua took the Israelites Booneville mayor, Mrs. Long fell and roots only in the opponents’ imagina- around the city of Jericho, they went broke her hip. Despite the demands of tion, not in the U.S. Constitution. It around and around blowing their rams his public post, Mr. Long extended his contains no restrictions or limitations horns so that those walls would come trip by 3 weeks to help her recover on speech of any kind. None. Pure dis- tumbling down. It didn’t happen on the from her injury. The couple was again closure legislation, plain and simple, as first circuit, it didn’t happen on the tested in 2010 when their daughter, my Republican colleagues have here- second. According to the Bible, Joshua Charlotte, passed away. Though this tofore usually supported. had to go around the city of Jericho tragic time was very difficult, as it The Court, in Citizens United, fully seven times before the walls came tum- would be for any parent who loses a supported disclosure. Prompt disclo- bling down. I don’t care if we have to child, Mr. and Mrs. Long’s faith and re- sure of expenditures can provide share- do this 7 times or 77 times; we are liance upon each other helped them to holders and citizens with the informa- going to do this because it is right. cope with such a great loss. Ulti- tion needed to hold corporations and f mately, Ruth was able to still find joy elected officials accountable for their in her life through her grandchildren positions. MORNING BUSINESS and great-grandchildren. An important point, going back to Mr. WHITEHOUSE. Mr. President, I Apart from being loved by her fam- the words that began this vote, from ask unanimous consent the Senate pro- ily, Mrs. Long was beloved by the our Founding Father James Madison: ceed to a period of morning business, Owsley County community. She was a A popular government without popular with Senators permitted to speak faithful member of the First Pres- information or the means of acquiring therein for up to 10 minutes each. byterian Church of Booneville. She was it is but a prologue to a farce or a trag- The PRESIDING OFFICER (Mr. also famed for having the best angel edy, or perhaps both. The Supreme MERKLEY). Without objection, it is so food cake in the county. However, Court recognized this, and clearly it is ordered. more importantly, it was her warm, in- constitutional. f viting nature that caused members of The last is the argument that this the community to come to love and ad- REMEMBERING VIRGINIA RUTH bill in some way will intimidate the mire Mrs. Long. An avid storyteller, LONG big spenders. First of all, the idea of she was a friend to all. After her death, the billionaire Koch brothers or gigan- Mr. MCCONNELL. Mr. President, many members of the community said tic coal barons or ExxonMobil—the today I am privileged to honor Mrs. they became better people by knowing largest corporation in the world—being Virginia Ruth Long of Owsley County, Mrs. Long. intimidated by the unkind words of KY. Mrs. Long, wife of Booneville I am honored to memorialize Ruth some blogger is preposterous on its mayor Charles Long, passed away at today as a lifetime servant of Owsley face. age 92 on March 27, 2012. A lifelong resi- County. Without holding public office, Second, Justice Scalia has said: Re- dent of Owsley County, Mrs. Long, a she dutifully served her Booneville quiring people to stand up in public for mother, beautician, and homemaker, community through her devotion to their political acts fosters civic cour- was truly beloved by the Booneville her husband, Mayor Charles Long, and age, without which democracy is community. It is with great respect her life of friendship with its citizens. doomed. that I recognize the First Lady of Kentuckians who live dedicated, hum- May I point out that it is a rather Booneville and her lifetime of commit- ble lives of service like Mrs. Long are small courage. On the way here this ment and service to Booneville and the what make our Commonwealth strong. afternoon, I passed through the trolley people of her community. Today I ask my colleagues in the U.S. lobby. Down in the trolley lobby was a Mrs. Long was born in Indian Creek, Senate to join me in remembering Mrs. young marine from Pennsylvania who KY, on October 1, 1919. She graduated Virginia Ruth Long, the First Lady of had lost both his legs to an IED explo- from Owsley County High School in Booneville, KY. sion in Afghanistan. We can ask our 1938. Upon her graduation, she attended Mr. President, an article was re- young men and women to travel the cosmetology school in Lexington. After cently published by the Booneville roads of Kandahar and to risk blowing completing her schooling, Mrs. Long Sentinel, an Owsley County-area publi- off their legs and coming home like returned to her home, Owsley County, cation, recognizing the life of Mrs. that young man, but we can’t ask bil- where she opened the first beauty shop Long. I ask unanimous consent that lionaire big spenders to even show who in Booneville. said article be printed in the RECORD. they are even though, clearly, the link In 1939, she married Charles Long. There being no objection, the mate- to motive and influence and control The two were married for 73 years and rial was ordered to be printed in the and corruption is apparent? It is a ri- had two children: Charlotte and RECORD, as follows: diculous proposition, and I hope my Charles Edwin. Mrs. Long not only [From the Booneville Sentinel, May 10, 2012] colleagues will not persist in following raised her children and maintained the TRIBUTE FOR THE ‘‘FIRST LADY OF it. home but also worked for 62 years in BOONEVILLE’’ They have even compared themselves her beauty parlor. She quickly became Virginia Ruth Long was born in Indian to the NAACP during the civil rights a staple of Booneville, and many Creek in Owsley County on October 1, 1919. movement—Black families burned out women in Owsley County recall her She later moved to Cow Creek, also in

VerDate Mar 15 2010 06:47 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.098 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5045 Owsley County, where she went to school at after graduating from Brownstown reer tirelessly working to improve the Athlenia Grade School. She graduated from Central High School in Norman, IN. He lives of Coloradans. It is only appro- Owsley County High School in 1938. served admirably and was assigned to priate, therefore, that I take this op- Ruth attended beauty school in Lexington, 1st Battalion, 8th Marine Regiment, portunity to honor his tremendous con- Kentucky. After graduating, she came back to Booneville, where she opened the first 2nd Marine Division, II Marine Expedi- tributions to our home State and ex- beauty shop and worked until she retired at tionary Force at Camp Lejeune, NC. press my profound appreciation. age 62. Even after Ruth retired, her previous Lance Corporal Hogan grew up in In- Raised in Pueblo and educated at the clients would talk about what a talented diana, where he and his childhood Colorado College and the University of hairdresser she was. A lot of women say that friend, Chase Plumer, built an arena at Colorado School of Law in Boulder, she was the first person who styled their the Plumer family farm in order to Bill is a true product of Colorado—and hair. host rodeos. His classmates and friends he began giving back almost imme- She married in 1939 to Charles Long, who remember him being ‘‘tough as nails,’’ diately upon graduation. After serving retired at age 62 also. There are three days as a captain in the U.S. Army, Bill was difference in their ages. They have been mar- owing in part to his avid love for rodeo. Lance Corporal Hogan was a Marine elected to the Colorado House of Rep- ried for 73 years. Her husband Charles has resentatives in 1972 and continued to been mayor of Booneville for 54 years, and with the heart of a cowboy and Ruth accompanied him on many trips he dreamed of finishing his military serv- stay involved in the public sector, serv- made as mayor with the Kentucky River ice, then hitting the road as a profes- ing as Special Counsel to President Area Development District. sional rodeo competitor. He avidly Ronald Reagan in 1981. In 2010, Bill served as the cochairman They went to Los Angeles, Las Vegas, competed in bull and bareback bronco Washington D.C., and many other meetings of Colorado Governor-elect John riding. and events together. On one particular trip Hickenlooper’s transition team, but his to Salt Lake City, she fell in the Mormon By all accounts, everyone who ever history of working across the political Temple and suffered a broken hip, where she met Lance Corporal Hogan liked him. divide reaches further into the past. and Charles stayed for almost 3 weeks. Ruth His kind personality and compassion Appointed to the U.S. Commission on always had many stories and had a way of for others translated into him making Public Diplomacy by President George making them sound exciting. Ruth lived a the personal choice to enter the mili- life that most women don’t understand. H.W. Bush in 1990, Bill was reappointed tary and defend his fellow Americans. by President Bill Clinton in 1993. After When WWII started December 14, 1942, Lance Corporal Hogan served his coun- Charles was called to active duty. Daughter 4 years as the committee’s vice chair- Charlotte was only 3 years old. Ruth had a try honorably, and his courageous man, President George W. Bush ap- son, Charles Edwin, on February 14, 1943. She choice to protect our country and to pointed Bill as chairman in 2008 fol- cared for their home and children until he help the people of Afghanistan achieve lowing confirmation by the Senate, and returned home at the port in San Diego peace and security represents all that he was reappointed by President where she met him on December 14, 1945. we can be proud of about our Armed Barack Obama in 2011. I think all of us Ruth traveled to meet Charles whenever he Forces. would agree there are not many public was close enough. The numerous family members resid- servants who are appointed over this Ruth said it kept her busy cooking and ing in my home State of Nebraska, in- keeping Charles’s clothes clean. Ruth was al- many years—by Presidents of both po- ways awfully proud of their two children. cluding Lance Corporal Hogan’s father, litical parties. But that is a testament Charlotte, their daughter, taught school for Steve, and his grandfather, Jim, gave to Bill and his leadership. over 36 years in Owsley County until she him a beautiful and touching memorial Bill serves as the civilian aide to the passed away on April 8, 2010. Their son, service, incorporating his love of all Secretary of the Army, having served Charles Edwin Long, has a barber shop in things relating to rodeos and cowboys. in this role for 25 years. Additionally, Frankfort, Kentucky, where he lives. They Not only was his last ride in a beau- President George W. Bush appointed have three grandchildren, one deceased, and tiful refurbished wagon drawn by two him as U.S. Representative to the 56th now they have five great-grandchildren that bay draft horses, a white horse less a they loved to be with. I remember when General Assembly of the United Na- Charlotte passed that Ruth had said that a rider led the procession, displaying the tions, and was chairman of the board of child should never go on before the parent. true heart and soul of this Marine cow- International Foundation for Electoral This was a difficult time for both Ruth and boy. Systems from 2003 to 2009, currently Charles, but they were there for each other I commend Lance Corporal Hogan’s serving as vice chairman of the board as they had been many other times over the bravery and selflessness, while offering and executive committee chairman. years. my deepest condolences to his wife, Despite all of this success, Bill’s im- Ruth has been a faithful member of the Brittney, of New Bern, NC; father, pact is better measured by looking at First Presbyterian Church of Booneville for Steve, and grandfather, Jim, both of the countless lives he has touched and over 60 years and enjoyed going to church to improved. His contributions to our listen to Joe Powlas and to visit with friends York; his numerous friends; and the following. She had the name of having the fellow servicemembers he left behind. country’s Olympic athletes provide a best angel food cake around. At all her din- It is a small comfort for those who great example. He served twice as ners at home and away, they wanted her to must now go on without one they loved president of the U.S. Olympic Com- bring her angel food cake, and also her dress- so dearly, but they take some solace in mittee, leading team delegations at the ing at Thanksgiving and Christmas. knowing he gave his life for a noble 1992 Olympic Winter Games in Ruth was 92 years old when she passed goal. Albertville, France, and the 1992 Olym- away in the morning on March 27, 2012. She LCpl Hunter Hogan made the most of pic Games in Barcelona, Spain. In 1998, had been in the Owsley County Health Care he again led the U.S. Team at the Center for over a year. She was a strong lady his short life, and the greatest tragedy and was always proud to say that she had led is that now it is impossible to know Olympic Winter Games in Nagano, a very fulfilling and happy life. Many people what more this promising young man Japan, and, in 2000, at the Olympic have expressed how she had touched their might have accomplished. I join all Ne- Games in Sydney, Australia. Bill was a lives just to offer her friendship. She will be braskans in mourning the loss of Lance member of the International Olympic greatly missed by her friends and family Corporal Hogan. His heroism and his Committee from 2000 to 2002. He serves greatly. life remain an inspiration for us all. as president emeritus of the USOC and f f is chairman of the U.S. Olympic Foun- HONORING OUR ARMED FORCES dation. Especially noteworthy, Bill was ADDITIONAL STATEMENTS inducted into the Colorado Sports Hall LANCE CORPORAL HUNTER D. HOGAN of Fame in 2006. Mr. NELSON of Nebraska. Mr. Presi- Bill Hybl’s reach stretches far beyond dent, I rise today to honor Marine LCpl TRIBUTE TO BILL HYBL sports, though—his philanthropic ac- Hunter ‘‘H.D.’’ Hogan, who was killed ∑ Mr. UDALL of Colorado. Mr. Presi- complishments have forever changed by sniper fire in Helmand Province, Af- dent, today I wish to acknowledge a the State of Colorado. As chairman and ghanistan on June 23, 2012. great Coloradan—Mr. William J. CEO of El Pomar Foundation, he has Following in the footsteps of his fa- Hybl—on the occasion of his 70th birth- overseen one of the largest and oldest ther, Steve, Lance Corporal Hogan day. The epitome of a public servant, private foundations in the Inter- joined the Marines in 2009 immediately Bill has spent the better part of his ca- mountain West. Since his arrival in

VerDate Mar 15 2010 05:58 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.003 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5046 CONGRESSIONAL RECORD — SENATE July 16, 2012 1973, El Pomar has granted millions of United States economic and national secu- transmitting, pursuant to law, the report of dollars to worthwhile projects and con- rity and manufacturing competitiveness. a rule entitled ‘‘Airworthiness Directives; tinues to grant approximately $20 mil- f Gulfstream Aerospace Corporation Air- lion annually. Bill has expanded the planes’’ ((RIN2120–AA64) (Docket No. FAA– MEASURES REFERRED 2012–0494)) received in the Office of the Presi- general-purpose foundation, creating The following bill was read the first dent of the Senate on June 29, 2012; to the many programs that focus on excel- Committee on Commerce, Science, and lence in individual and organizational and the second times by unanimous Transportation. leadership. Because of his service, com- consent, and referred as indicated: EC–6862. A communication from the Senior munities across Colorado are more em- H.R. 4402. An act to require the Secretary Program Analyst, Federal Aviation Adminis- powered to improve their quality of of the Interior and the Secretary of Agri- tration, Department of Transportation, life. The fact that the Association of culture to more efficiently develop domestic transmitting, pursuant to law, the report of Fundraising Professionals recognized sources of the minerals and mineral mate- a rule entitled ‘‘Airworthiness Directives; rials of strategic and critical importance to The Boeing Company Airplanes’’ ((RIN2120– El Pomar in 1998 as the National Foun- United States economic and national secu- AA64) (Docket No. FAA–2011–1259)) received dation of the Year is a testament to rity and manufacturing competitiveness; to in the Office of the President of the Senate Bill’s strategic vision and leadership. the Committee on Energy and Natural Re- on June 29, 2012; to the Committee on Com- Bill is also vice chairman of the sources. merce, Science, and Transportation. board of BROADMOOR Hotel, Inc—a EC–6863. A communication from the Acting f true Colorado landmark—and is presi- Assistant Administrator for Fisheries, Na- dent of the Air Force Academy Foun- MEASURES PLACED ON THE tional Marine Fisheries Service, Department dation and the Hundred Club of Colo- CALENDAR of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Fisheries of the rado Springs. In 2009, Bill received the The following bill was read the sec- Northeastern United States; Atlantic Mack- Outward Bound Compass Award for a ond time, and placed on the calendar: erel, Squid, and Butterfish Fisheries; Speci- lifetime of outstanding service to H.R. 6079. An act to repeal the Patient Pro- fications and Management Measures; Correc- America’s young people. And in 2005, tection and Affordable Care Act and health tion’’ (RIN0648–BB28) received in the Office Bill was reelected to the Colorado Col- care-related provisions in the Health Care of the President of the Senate on June 29, lege Board of Trustees and in 2003 and Education Reconciliation Act of 2010. 2012; to the Committee on Commerce, named Citizen of the West. Addition- Science, and Transportation. ally, he serves on the boards of direc- f EC–6864. A communication from the Acting Director, Office of Sustainable Fisheries, De- tors for Garden City Company, in Gar- ENROLLED BILL PRESENTED partment of Commerce, transmitting, pursu- den City, KS; FirstBank Holding Com- The Secretary of the Senate reported ant to law, the report of a rule titled ‘‘Fish- pany of Colorado in Denver, CO; and that on July 12, 2012, she had presented eries of the Exclusive Economic Zone Off Mountain States Employers Council in to the President of the United States Alaska; Pacific Ocean Perch in the Western Denver. the following enrolled bill: Aleutian District of the Bering Sea and Perhaps most importantly, Bill and Aleutian Islands Management Area’’ S. 2061. An act to provide for an exchange (RIN0648–XC061) received in the Office of the his wife Kathleen have two sons and six of land between the Department of Homeland beautiful grandchildren. President of the Senate on June 21, 2012; to Security and the South Carolina Ports Au- the Committee on Commerce, Science, and Colorado is fortunate to be home to a thority. Transportation. citizen like Bill Hybl. I would like to f EC–6865. A communication from the Acting congratulate him for all of his accom- Deputy General Counsel, Office of the Gen- plishments, thank him for his endless EXECUTIVE AND OTHER eral Counsel, National Aeronautics and service, and honor him on his 70th COMMUNICATIONS Space Administration, transmitting, pursu- birthday. I look forward to many more ant to law, the report of a rule entitled The following communications were ‘‘Claims for Patent and Copyright Infringe- years of Bill’s leadership in the Centen- laid before the Senate, together with nial State.∑ ment’’ (RIN2700–AD63) received in the Office accompanying papers, reports, and doc- of the President of the Senate on June 28, f uments, and were referred as indicated: 2012; to the Committee on Commerce, MESSAGE FROM THE HOUSE EC–6858. A communication from the Chief Science, and Transportation. RECEIVED DURING ADJOURNMENT of the Policy and Rules Division, Office of Engineering and Technology, Federal Com- f ENROLLED BILL SIGNED munications Commission, transmitting, pur- Under the order of the Senate of Jan- suant to law, the report of a rule entitled REPORTS OF COMMITTEES uary 5, 2011, the Secretary of the Sen- ‘‘Amendment of the Commission’s Rules to Provide Spectrum for the Operation of Med- The following reports of committees ate, on July 13, 2012, during the ad- were submitted: journment of the Senate, received a ical Body Area Network’’ (FCC 12–54, ET message from the House of Representa- Docket No. 08–59) received in the Office of By Mrs. BOXER, from the Committee on the President of the Senate on July 9, 2012; Environment and Public Works, with an tives announcing the Speaker had to the Committee on Commerce, Science, amendment in the nature of a substitute: signed the following enrolled bill: and Transportation. S. 1266. A bill to direct the Secretary of the H.R. 3902. An act to amend the District of EC–6859. A communication from the Dep- Interior to establish a program to build on Columbia Home Rule Act to revise the tim- uty Office Director, Office of National Ma- and help coordinate funding for the restora- ing of special elections for local office in the rine Sanctuaries, National Oceanic and At- tion and protection efforts of the 4-State District of Columbia. mospheric Administration, transmitting, Delaware River Basin region, and for other The enrolled bill was subsequently pursuant to law, the report of a rule entitled purposes (Rept. No. 112–183). signed during the session of the Senate ‘‘Flower Garden Banks National Marine By Mrs. BOXER, from the Committee on Sanctuary Regulations’’ (RIN0648–AY35) re- Environment and Public Works, without by the Acting President pro tempore ceived in the Office of the President of the amendment: [Mr. COONS]. Senate on July 10, 2012; to the Committee on S. 2018. A bill to amend and reauthorize f Commerce, Science, and Transportation. certain provisions relating to Long Island EC–6860. A communication from the Attor- Sound restoration and stewardship (Rept. MESSAGE FROM THE HOUSE ney-Advisor, U.S. Coast Guard, Department No. 112–184). At 2:03 p.m., a message from the of Homeland Security, transmitting, pursu- S. 3264. A bill to amend the Federal Water House of Representatives, delivered by ant to law, the report of a rule entitled Pollution Control Act to reauthorize the Mrs. Cole, one of its reading clerks, an- ‘‘Safety Zone; Volvo Ocean Racing Youth Lake Pontchartrain Basin Restoration Pro- nounced that the House has passed the Regatta, Biscayne Bay, Miami, FL’’ gram (Rept. No. 112–185). ((RIN1625–AA00) (Docket No. USCG–2012– By Mr. LIEBERMAN, from the Committee following bill, in which it requests the 0178)) received during adjournment of the on Homeland Security and Governmental Af- concurrence of the Senate: Senate in the Office of the President of the fairs: H.R. 4402. An act to require the Secretary Senate on July 3, 2012; to the Committee on Report to accompany H.R. 3902, a bill to of the Interior and the Secretary of Agri- Commerce, Science, and Transportation. amend the District of Columbia Home Rule culture to more efficiently develop domestic EC–6861. A communication from the Senior Act to revise the timing of special elections sources of the minerals and mineral mate- Program Analyst, Federal Aviation Adminis- for local office in the District of Columbia rials of strategic and critical importance to tration, Department of Transportation, (Rept. No. 112–186).

VerDate Mar 15 2010 06:47 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\CR\FM\G16JY6.028 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5047 INTRODUCTION OF BILLS AND and organizations on behalf of children and shire (Mrs. SHAHEEN) was added as a co- JOINT RESOLUTIONS youth as critical contributions to the future sponsor of S. 1440, a bill to reduce of the United States; considered and agreed preterm labor and delivery and the risk The following bills and joint resolu- to. tions were introduced, read the first By Mr. UDALL of Colorado (for him- of pregnancy-related deaths and com- and second times by unanimous con- self, Mr. HATCH, Mr. BENNET, Ms. plications due to pregnancy, and to re- sent, and referred as indicated: MURKOWSKI, Mr. REID, Mr. HELLER, duce infant mortality caused by pre- maturity. By Mr. BAUCUS (for himself, Mr. Mr. MCCAIN, Mr. WYDEN, Mrs. MUR- RAY, Mr. THUNE, Mr. UDALL of New BINGAMAN, Mr. TESTER, Mr. HARKIN, S. 1621 Mexico, Mr. LIEBERMAN, Mr. TESTER, Mr. UDALL of New Mexico, Ms. KLO- At the request of Mr. MENENDEZ, the Mr. BINGAMAN, Mrs. FEINSTEIN, Mrs. BUCHAR, Mr. FRANKEN, Mr. JOHNSON name of the Senator from New York BOXER, Mr. LEVIN, Mr. JOHNSON of of South Dakota, and Mr. CONRAD): (Mrs. GILLIBRAND) was added as a co- S. 3385. A bill to authorize the Secretary of South Dakota, Mr. ROBERTS, Mr. CRAPO, Mr. SESSIONS, Ms. COLLINS, sponsor of S. 1621, a bill to create liv- the Interior to use designated funding to pay able communities through coordinated for construction of authorized rural water and Mr. JOHANNS): S. Res. 523. A resolution recognizing the projects, and for other purposes; to the Com- public investment and streamlined re- heroic efforts of firefighters and military quirements, and for other purposes. mittee on Energy and Natural Resources. personnel in the United States to contain By Mr. CASEY: numerous wildfires that have affected tens of S. 1929 S. 3386. A bill to designate the facility of thousands of people; considered and agreed At the request of Mr. BLUMENTHAL, the United States Postal Service located at to. the names of the Senator from Massa- 320 7th Street in Ellwood City, Pennsylvania, chusetts (Mr. BROWN), the Senator as the ‘‘Sergeant Leslie H. Sabo, Jr. Post Of- f from Arizona (Mr. MCCAIN), the Sen- fice Building’’; to the Committee on Home- ADDITIONAL COSPONSORS land Security and Governmental Affairs. ator from Kansas (Mr. MORAN) and the By Mr. MENENDEZ (for himself, Mr. S. 17 Senator from Maryland (Ms. MIKULSKI) LAUTENBERG, Mr. CASEY, Mr. SCHU- At the request of Mr. HATCH, the were added as cosponsors of S. 1929, a MER, Mrs. GILLIBRAND, Mr. BROWN of name of the Senator from Alaska (Ms. bill to require the Secretary of the Ohio, Mr. BLUMENTHAL, Ms. STABE- MURKOWSKI) was added as a cosponsor Treasury to mint coins in commemora- NOW, Mr. ROCKEFELLER, Mr. SANDERS, of S. 17, a bill to repeal the job-killing tion of Mark Twain. Mr. MANCHIN, and Mr. FRANKEN): tax on medical devices to ensure con- S. 1935 S. 3387. A bill to amend title 36, United tinued access to life-saving medical de- States Code, to require the United States vices for patients and maintain the At the request of Ms. COLLINS, the Olympic Committee to adopt a policy that standing of United States as the world name of the Senator from Oklahoma requires ceremonial uniforms purchased or leader in medical device innovation. (Mr. INHOFE) was added as a cosponsor otherwise obtained by the Committee to be of S. 1935, a bill to require the Sec- S. 19 produced in the United States, and for other retary of the Treasury to mint coins in purposes; to the Committee on Commerce, At the request of Mr. HATCH, the Science, and Transportation. names of the Senator from Alaska (Ms. recognition and celebration of the 75th By Mr. LAUTENBERG (for himself, MURKOWSKI), the Senator from Florida anniversary of the establishment of the Mr. SCHUMER, Mr. CARDIN, and Mr. (Mr. RUBIO) and the Senator from Ten- March of Dimes Foundation. WHITEHOUSE): nessee (Mr. ALEXANDER) were added as S. 2125 S. 3388. A bill to amend the Federal Water cosponsors of S. 19, a bill to restore At the request of Mr. WYDEN, the Pollution Control Act to ensure that sewage American’s individual liberty by strik- name of the Senator from Iowa (Mr. treatment plants monitor for and report dis- charges of raw sewage, and for other pur- ing the Federal mandate to purchase HARKIN) was added as a cosponsor of S. poses; to the Committee on Environment and insurance. 2125, a bill to amend title XVIII of the Public Works. S. 672 Social Security Act to modify the des- f At the request of Mr. ROCKEFELLER, ignation of accreditation organizations the name of the Senator from North for orthotics and prosthetics, to apply SUBMISSION OF CONCURRENT AND Dakota (Mr. CONRAD) was added as a accreditation and licensure require- SENATE RESOLUTIONS cosponsor of S. 672, a bill to amend the ments to suppliers of such devices and The following concurrent resolutions Internal Revenue Code of 1986 to extend items for purposes of payment under and Senate resolutions were read, and and modify the railroad track mainte- the Medicare program, and to modify referred (or acted upon), as indicated: nance credit. the payment rules for such devices and By Mr. UDALL of Colorado (for him- S. 687 items under such program to account self, Mr. ALEXANDER, Mr. BINGAMAN, At the request of Mr. CONRAD, the for practitioner qualifications and Mr. BROWN of Ohio, Ms. CANTWELL, name of the Senator from North Caro- complexity of care. Mr. CORKER, Mr. CRAPO, Mrs. GILLI- lina (Mrs. HAGAN) was added as a co- S. 2134 BRAND, Mr. GRAHAM, Mr. MCCONNELL, sponsor of S. 687, a bill to amend the At the request of Mr. BLUMENTHAL, Mr. REID, and Mr. UDALL of New Mex- Internal Revenue Code of 1986 to per- the name of the Senator from Lou- ico): manently extend the 15-year recovery isiana (Ms. LANDRIEU) was added as a S. Res. 519. A resolution designating Octo- period for qualified leasehold improve- ber 30, 2012, as a national day of remem- cosponsor of S. 2134, a bill to amend brance for nuclear weapons program work- ment property, qualified restaurant title 10, United States Code, to provide property, and qualified retail improve- ers; to the Committee on the Judiciary. for certain requirements relating to ment property. By Mr. CARDIN (for himself and Mr. the retirement, adoption, care, and rec- GRASSLEY): S. 703 ognition of military working dogs, and S. Res. 520. A resolution commending the At the request of Mr. BARRASSO, the for other purposes. National Association for the Advancement of name of the Senator from Washington S. 2165 Colored People on the occasion of its 103rd (Ms. CANTWELL) was added as a cospon- anniversary; considered and agreed to. sor of S. 703, a bill to amend the Long- At the request of Mrs. BOXER, the By Mr. RUBIO: name of the Senator from Michigan S. Res. 521. A resolution designating Sep- Term Leasing Act, and for other pur- poses. (Mr. LEVIN) was added as a cosponsor of tember 2012 as ‘‘National Spinal Cord Injury S. 2165, a bill to enhance strategic co- Awareness Month’’; considered and agreed S. 1133 to. At the request of Mr. WYDEN, the operation between the United States By Mr. BURR (for himself, Mrs. FEIN- name of the Senator from West Vir- and Israel, and for other purposes. STEIN, Mr. ALEXANDER, Mr. COBURN, ginia (Mr. ROCKEFELLER) was added as S. 2372 Mrs. MURRAY, Mr. CASEY, Ms. MUR- a cosponsor of S. 1133, a bill to prevent At the request of Mr. BURR, the name KOWSKI, and Mr. SANDERS): the evasion of antidumping and coun- of the Senator from West Virginia (Mr. S. Res. 522. A resolution designating Sep- tervailing duty orders, and for other MANCHIN) was added as a cosponsor of tember 2012 as ‘‘National Child Awareness Month’’ to promote awareness of charities purposes. S. 2372, a bill to authorize pedestrian benefitting children and youth-serving orga- S. 1440 and motorized vehicular access in Cape nizations throughout the United States and At the request of Mr. ALEXANDER, the Hatteras National Seashore Rec- recognizing efforts made by those charities name of the Senator from New Hamp- reational Area, and for other purposes.

VerDate Mar 15 2010 05:58 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JY6.019 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5048 CONGRESSIONAL RECORD — SENATE July 16, 2012 S. 2374 nesota (Ms. KLOBUCHAR), the Senator Institutes of Health for its efforts to At the request of Mr. BINGAMAN, the from New Jersey (Mr. LAUTENBERG), improve the understanding of name of the Senator from Oregon (Mr. the Senator from Virginia (Mr. WAR- mitochondrial diseases. MERKLEY) was added as a cosponsor of NER), the Senator from Maryland (Mr. AMENDMENT NO. 2491 S. 2374, a bill to amend the Helium Act CARDIN), the Senator from Washington At the request of Mr. HATCH, the to ensure the expedient and responsible (Mrs. MURRAY), the Senator from names of the Senator from Missouri draw-down of the Federal Helium Re- South Dakota (Mr. JOHNSON), the Sen- (Mr. BLUNT), the Senator from Arkan- serve in a manner that protects the in- ator from Massachusetts (Mr. KERRY), sas (Mr. BOOZMAN), the Senator from terests of private industry, the sci- the Senator from Hawaii (Mr. AKAKA), North Carolina (Mr. BURR), the Senator entific, medical, and industrial com- the Senator from California (Mrs. FEIN- from Georgia (Mr. CHAMBLISS), the Sen- munities, commercial users, and Fed- STEIN), the Senator from Illinois (Mr. ator from Indiana (Mr. COATS), the eral agencies, and for other purposes. DURBIN) and the Senator from Dela- Senator from Wyoming (Mr. ENZI), the S. 2884 ware (Mr. CARPER) were added as co- Senator from South Carolina (Mr. GRA- At the request of Ms. STABENOW, the sponsors of S. 3369, a bill to amend the HAM), the Senator from North Dakota name of the Senator from Connecticut Federal Election Campaign Act of 1971 (Mr. HOEVEN), the Senator from Texas (Mr. BLUMENTHAL) was added as a co- to provide for additional disclosure re- (Mrs. HUTCHISON), the Senator from sponsor of S. 2884, a bill to provide an quirements for corporations, labor or- Oklahoma (Mr. INHOFE), the Senator incentive for businesses to bring jobs ganizations, Super PACs and other en- from Ohio (Mr. PORTMAN), the Senator back to America. tities, and for other purposes. from Idaho (Mr. RISCH), the Senator S. 3204 S. 3372 from Florida (Mr. RUBIO) and the Sen- At the request of Mr. JOHANNS, the At the request of Mr. WEBB, the ator from Pennsylvania (Mr. TOOMEY) name of the Senator from Nevada (Mr. names of the Senator from Missouri were added as cosponsors of amend- HELLER) was added as a cosponsor of S. (Mrs. MCCASKILL), the Senator from ment No. 2491 intended to be proposed 3204, a bill to address fee disclosure re- Colorado (Mr. UDALL) and the Senator to S. 2237, a bill to provide a temporary quirements under the Electronic Fund from Virginia (Mr. WARNER) were added income tax credit for increased payroll Transfer Act, and for other purposes. as cosponsors of S. 3372, a bill to amend and extend bonus depreciation for an section 704 of title 18, United States S. 3227 additional year, and for other purposes. Code. At the request of Mr. NELSON of Flor- f ida, the name of the Senator from S. 3376 At the request of Mr. CASEY, the SUBMITTED RESOLUTIONS Georgia (Mr. CHAMBLISS) was added as a cosponsor of S. 3227, a bill to enable name of the Senator from Connecticut (Mr. BLUMENTHAL) was added as a co- concrete masonry products manufac- SENATE RESOLUTION 519—DESIG- sponsor of S. 3376, a bill to amend the turers and importers to establish, fi- NATING OCTOBER 30, 2012, AS A Federal Food, Drug, and Cosmetic Act nance, and carry out a coordinated pro- NATIONAL DAY OF REMEM- to prevent the abuse of gram of research, education, and pro- BRANCE FOR NUCLEAR WEAP- dextromethorphan, and for other pur- motion to improve, maintain, and de- ONS PROGRAM WORKERS poses. velop markets for concrete masonry Mr. UDALL of Colorado (for himself, products. S. 3380 At the request of Mr. BLUMENTHAL, Mr. ALEXANDER, Mr. BINGAMAN, Mr. S. 3263 the name of the Senator from Con- BROWN of Ohio, Ms. CANTWELL, Mr. At the request of Mrs. BOXER, the necticut (Mr. LIEBERMAN) was added as CORKER, Mr. CRAPO, Mrs. GILLIBRAND, name of the Senator from Minnesota a cosponsor of S. 3380, a bill to provide Mr. GRAHAM, Mr. MCCONNELL, Mr. (Mr. FRANKEN) was added as a cospon- for the issuance of a Victory for Vet- REID, and Mr. UDALL of New Mexico) sor of S. 3263, a bill to require the Sec- erans stamp, and for other purposes. submitted the following resolution; retary of Transportation to modify the S.J. RES. 47 which was referred to the Committee final rule relating to flightcrew mem- on the Judiciary: ber duty and rest requirements for pas- At the request of Mr. WARNER, the S. RES. 519 senger operations of air carriers to names of the Senator from Texas (Mrs. HUTCHISON), the Senator from Florida Whereas, since World War II, hundreds of apply to all-cargo operations of air car- thousands of men and women, including ura- riers, and for other purposes. (Mr. NELSON), the Senator from Con- necticut (Mr. LIEBERMAN) and the Sen- nium miners, millers, and haulers, have S. 3290 served the United States by building nuclear ator from Kansas (Mr. ROBERTS) were weapons for the defense of the United States; At the request of Mr. VITTER, the added as cosponsors of S.J. Res. 47, a name of the Senator from Kansas (Mr. Whereas those dedicated workers paid a joint resolution amending title 36, high price for their service to develop a nu- MORAN) was added as a cosponsor of S. United States Code, to designate July clear weapons program for the benefit of the 3290, a bill to prohibit discrimination 26 as United States Intelligence Profes- United States, including by developing dis- against the unborn on the basis of sex sionals Day. abling or fatal illnesses; or gender, and for other purposes. S. CON. RES. 48 Whereas the Senate recognized the con- S. 3364 tribution, service, and sacrifice those patri- At the request of Mr. LEAHY, the otic men and women made for the defense of At the request of Ms. STABENOW, the name of the Senator from Minnesota names of the Senator from Pennsyl- the United States in Senate Resolution 151, (Ms. KLOBUCHAR) was added as a co- 111th Congress, agreed to May 20, 2009, Sen- vania (Mr. CASEY), the Senator from sponsor of S. Con. Res. 48, a concurrent ate Resolution 653, 111th Congress, agreed to Maryland (Mr. CARDIN) and the Senator resolution recognizing 375 years of September 28, 2010, and Senate Resolution from Maryland (Ms. MIKULSKI) were service of the National Guard and af- 275, 112th Congress, agreed to September 26, added as cosponsors of S. 3364, a bill to firming congressional support for a 2011; provide an incentive for businesses to permanent Operational Reserve as a Whereas a national day of remembrance bring jobs back to America. component of the Armed Forces. time capsule has been crossing the United States, collecting artifacts and the stories of S. 3366 S. RES. 490 nuclear weapons program workers relating At the request of Mrs. FEINSTEIN, the At the request of Mrs. BOXER, the to the nuclear defense era of the United name of the Senator from Oklahoma name of the Senator from New Hamp- States, and a remembrance quilt has been (Mr. COBURN) was added as a cosponsor shire (Mrs. SHAHEEN) was added as a co- constructed to memorialize the contribution of S. 3366, a bill to designate the sponsor of S. Res. 490, a resolution des- of those workers; Haqqani network as a foreign terrorist ignating the week of September 16, Whereas the stories and artifacts reflected organization. 2012, as ‘‘Mitochondrial Disease Aware- in the time capsule and the remembrance quilt reinforce the importance of recognizing S. 3369 ness Week’’, reaffirming the impor- nuclear weapons program workers; and At the request of Mr. WHITEHOUSE, tance of an enhanced and coordinated Whereas those patriotic men and women the names of the Senator from Alaska research effort on mitochondrial dis- deserve to be recognized for the contribu- (Mr. BEGICH), the Senator from Min- eases, and commending the National tion, service, and sacrifice they have made

VerDate Mar 15 2010 05:58 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JY6.020 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE July 16, 2012 CONGRESSIONAL RECORD — SENATE S5049 for the defense of the United States: Now, (1) the Civil Rights Act of 1957 (Public Law SENATE RESOLUTION 521—DESIG- therefore, be it 85–315; 71 Stat. 634); NATING SEPTEMBER 2012 AS Resolved, That the Senate— (2) the Civil Rights Act of 1960 (Public Law ‘‘NATIONAL SPINAL CORD IN- (1) designates October 30, 2012, as a na- 86–449; 74 Stat. 86); JURY AWARENESS MONTH’’ tional day of remembrance for the nuclear (3) the Civil Rights Act of 1964 (Public Law weapons program workers, including ura- 88–352; 78 Stat. 241); Mr. RUBIO submitted the following nium miners, millers, and haulers, of the (4) the Voting Rights Act of 1965 (42 U.S.C. resolution; which was considered and United States; and 1973 et seq.); agreed to: (2) encourages the people of the United States to support and participate in appro- (5) the Fannie Lou Hamer, Rosa Parks, S. RES. 521 priate ceremonies, programs, and other ac- Coretta Scott King, Ce´sar E. Cha´ vez, Bar- Whereas the estimated 1,275,000 individuals tivities to commemorate October 30, 2012, as bara C. Jordan, William C. Vela´ squez, and in the United States who live with a spinal a national day of remembrance for past and Dr. Hector P. Garcia Voting Rights Act Re- cord injury cost society billions of dollars in present workers in the nuclear weapons pro- authorization and Amendments Act of 2006 health care costs and lost wages; gram of the United States. (Public Law 109–246; 120 Stat. 577); and Whereas an estimated 100,000 of those indi- f (6) the Fair Housing Act (42 U.S.C. 3601 et viduals are veterans who suffered the spinal seq.); cord injury while serving as members of the SENATE RESOLUTION 520—COM- Whereas in 2005, the NAACP launched the United States Armed Forces; MENDING THE NATIONAL ASSO- Disaster Relief Fund to help hurricane sur- Whereas accidents are the leading cause of CIATION FOR THE ADVANCE- vivors rebuild their lives in the States of spinal cord injuries; MENT OF COLORED PEOPLE ON Louisiana, Mississippi, Texas, Florida, and Whereas motor vehicle crashes are the sec- THE OCCASION OF ITS 103RD AN- Alabama; ond leading cause of spinal cord and trau- NIVERSARY Whereas in the 110th Congress, the NAACP matic brain injuries; Whereas 70 percent of all spinal cord inju- Mr. CARDIN (for himself and Mr. was prominent in lobbying for the passage of H. Res. 826, the resolved clause of which ex- ries that occur in children under the age of GRASSLEY) submitted the following res- 18 are a result of motor vehicle accidents; presses that— olution; which was considered and Whereas every 48 minutes a person will be- (1) the hanging of nooses is a horrible act come paralyzed, underscoring the urgent agreed to: when used for the purpose of intimidation; S. RES. 520 need to develop new neuroprotection, phar- (2) under certain circumstances, the hang- macological, and regeneration treatments to Whereas the National Association for the ing of nooses can be criminal; and reduce, prevent, and reverse paralysis; and Advancement of Colored People (referred to (3) the hanging of nooses should be inves- Whereas increased education and invest- in this preamble as the ‘‘NAACP’’), origi- tigated thoroughly by Federal authorities, ment in research are key factors in improv- nally known as the National Negro Com- and any criminal violations should be vigor- ing outcomes for victims of spinal cord inju- mittee, was founded in New York City on ously prosecuted; ries, improving the quality of life of victims, February 12, 1909, the centennial of the date Whereas in 2008, the NAACP vigorously and ultimately curing paralysis: Now, there- on which President Abraham Lincoln was supported the passage of the Emmett Till fore, be it born, by a multiracial group of activists who Unsolved Civil Rights Crime Act of 2007 (28 Resolved, That the Senate— met in a national conference to discuss the U.S.C. 509 note), a law that puts additional (1) designates September 2012 as ‘‘Spinal civil and political rights of African-Ameri- Cord Injury Awareness Month’’; cans; Federal resources into solving the heinous (2) supports the goals and ideals of Spinal Whereas the NAACP was founded by a dis- crimes that occurred during the early days Cord Injury Awareness Month; tinguished group of leaders in the struggle of the civil rights struggle that remain un- (3) continues to support research to find for civil and political liberty, including Ida solved and brings those who perpetrated better treatments, therapies, and a cure for Wells-Barnett, W.E.B. DuBois, Henry those crimes to justice; paralysis; Moscowitz, Mary White Ovington, Oswald Whereas the NAACP has helped usher in (4) supports clinical trials for new thera- Garrison Villard, and William English the new millennium by charting a bold pies that offer promise and hope to those Walling; course, beginning with the appointment of persons living with paralysis; and Whereas the NAACP is the oldest and larg- the youngest President and Chief Executive (5) commends the dedication of local, re- est civil rights organization in the United Officer in the history of the organization, gional, and national organizations, research- States; Benjamin Todd Jealous, and its youngest fe- ers, doctors, volunteers, and people across Whereas the NAACP National Head- male Board Chair, Roslyn M. Brock; the United States that are working to im- quarters is located in Baltimore, Maryland; Whereas under the leadership of Benjamin prove the quality of life of people living with Whereas the mission of the NAACP is to Todd Jealous and Roslyn M. Brock, the paralysis and their families. ensure the political, educational, social, and NAACP has outlined a strategic plan to con- economic equality of rights of all people and front 21st century challenges in the critical f to eliminate racial hatred and racial dis- areas of health, education, housing, criminal crimination; SENATE RESOLUTION 522—DESIG- justice, and the environment; Whereas the NAACP is committed to NATING SEPTEMBER 2012 AS Whereas on July 16, 2009, the NAACP cele- achieving its goals through nonviolence; ‘‘NATIONAL CHILD AWARENESS brated its centennial anniversary in New Whereas the NAACP advances its mission MONTH’’ TO PROMOTE AWARE- through reliance on the press, the petition, York City, highlighting an extraordinary NESS OF CHARITIES BENEFIT- century of ‘‘Bold Dreams, Big Victories’’ the ballot, and the courts; TING CHILDREN AND YOUTH- Whereas the NAACP has been persistent in with a historic address from the first Afri- can-American President of the United SERVING ORGANIZATIONS the use of legal and moral persuasion, even THROUGHOUT THE UNITED in the face of overt and violent racial hos- States, Barack Obama; tility; Whereas as an advocate for sentencing re- STATES AND RECOGNIZING EF- Whereas the NAACP has used political form, the NAACP applauded the enactment FORTS MADE BY THOSE CHAR- pressure, marches, demonstrations, and ef- of the Fair Sentencing Act of 2010 (Public ITIES AND ORGANIZATIONS ON fective lobbying to serve as the voice, as well Law 111–220; 124 Stat. 2372), a landmark piece BEHALF OF CHILDREN AND as the shield, for minorities in the United of legislation that reduces the quantity of YOUTH AS CRITICAL CONTRIBU- States; crack cocaine that triggers a mandatory TIONS TO THE FUTURE OF THE Whereas after years of fighting segregation minimum sentence for a Federal conviction UNITED STATES in public schools, the NAACP, under the of crack cocaine distribution from 100 times leadership of Special Counsel Thurgood Mar- that of people convicted of distributing the Mr. BURR (for himself, Mrs. FEIN- shall, won one of its greatest legal victories drug in powdered form to 18 times that sen- STEIN, Mr. ALEXANDER, Mr. COBURN, in the decision issued by the Supreme Court tence; Mrs. MURRAY, Mr. CASEY, Ms. MUR- in Brown v. Board of Education (347 U.S. 483 Now, therefore, be it KOWSKI, and Mr. SANDERS) submitted (1954)); Resolved, That the Senate— the following resolution; which was Whereas in 1955, NAACP member Rosa considered and agreed to: Parks was arrested and fined for refusing to (1) recognizes the 103rd anniversary of the give up her seat on a segregated bus in Mont- historic founding of the National Association S. RES. 522 gomery, Alabama, an act of courage that for the Advancement of Colored People; and Whereas millions of children and youth in would serve as the catalyst for the largest (2) commends the National Association for the United States represent the hopes and grassroots civil rights movement in the his- the Advancement of Colored People on the future of the United States; tory of the United States; occasion of its anniversary for its work to Whereas numerous individuals, charities Whereas the NAACP was prominent in lob- ensure the political, educational, social, and benefitting children, and youth-serving orga- bying for the passage of— economic equality of all people. nizations that work with children and youth

VerDate Mar 15 2010 06:47 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\A16JY6.024 S16JYPT1 jbell on DSK7SPTVN1PROD with SENATE S5050 CONGRESSIONAL RECORD — SENATE July 16, 2012 collaborate to provide invaluable services to (3) 3,178 fires that have burned more than Members of Senator FRANKEN’s staff: enrich and better the lives of children and 819,345 acres in the Northern and Central Whitney Brown and Joel Salomon, for youth throughout the United States; Rocky Mountain region of the United States; the rest of today’s session. Whereas raising awareness of, and increas- (4) 4,963 fires that have burned more than The PRESIDING OFFICER. Without ing support for, organizations that provide 975,669 acres in the State of California and access to healthcare, social services, edu- the Great Basin region of the United States; objection, it is so ordered. cation, the arts, sports, and other services (5) 787 fires that have burned more than f will result in the development of character 595,096 acres in the State of Alaska and the and the future success of the children and Northwest United States; and ORDERS FOR TUESDAY, JULY 17, youth of the United States; (6) 7,605 fires that have burned more than 2012 Whereas the month of September, as the 82,459 acres in the Eastern United States; and school year begins, is a time when parents, Whereas, the brave men and women who Mr. WHITEHOUSE. I ask unanimous families, teachers, school administrators, fight wildfires on a daily basis help minimize consent that at 3 p.m. Tuesday, July and communities increase their focus on the displacement of individuals and protect 17, the motion to proceed to the motion children and youth throughout the United against the loss of life and property: Now, to reconsider the vote by which cloture States; therefore, be it Whereas the month of September is a time was not invoked on the motion to pro- Resolved, That the Senate— ceed to S. 3369 be agreed to; that the for the people of the United States to high- (1) recognizes the heroic efforts of fire- light and be mindful of the needs of children fighters and military personnel to contain motion to reconsider be agreed to; and and youth; wildfires and protect lives, homes, natural the Senate proceed to the cloture vote Whereas private corporations and busi- resources, and rural economies throughout on the motion to proceed to S. 3369, the nesses have joined with hundreds of national the United States; DISCLOSE Act, upon reconsideration. and local charitable organizations through- (2) encourages the people and Government The PRESIDING OFFICER. Without out the United States in support of a month- of the United States to express their appre- objection, it is so ordered. long focus on children and youth; and ciation to the brave men and women in the Whereas designating September 2012 as Mr. WHITEHOUSE. I ask unanimous firefighting services throughout the United consent that when the Senate com- ‘‘National Child Awareness Month’’ would States; recognize that a long-term commitment to (3) encourages the people and communities pletes its business today, it adjourn children and youth is in the public interest, of the United States to act diligently in pre- until 10 a.m. on Tuesday, July 17; that and will encourage widespread support for venting and preparing for a wildfire; and following the prayer and pledge, the charities and organizations that seek to pro- (4) encourages the people of the United Journal of proceedings be approved to vide a better future for the children and States to keep in their thoughts the individ- date, the morning hour be deemed ex- youth of the United States: Now, therefore, uals who have suffered as a result of a wild- pired, and the time for the two leaders be it fire. Resolved, That the Senate designates Sep- be reserved for their use later in the tember 2012 as ‘‘National Child Awareness f day; that the majority leader be recog- Month’’— NOTICE OF HEARING nized and the time until 12:30 p.m. be (1) to promote awareness of charities bene- equally divided and controlled between fitting children and youth-serving organiza- COMMITTEE ON INDIAN AFFAIRS the two leaders or their designees, with tions throughout the United States; and Mr. AKAKA. Mr. President, I would the Republicans controlling the first 30 (2) to recognize efforts made by those char- like to announce that the Committee ities and organizations on behalf of children minutes and the majority controlling and youth as critical contributions to the fu- on Indian Affairs will meet during the the second 30 minutes; and that the ture of the United States. session of the Senate on July 19, 2012, Senate recess from 12:30 p.m. to 2:15 in room SD–628 of the Dirksen Senate f p.m. to allow for the weekly caucus Office Building, at 2:15 p.m., to conduct meetings; finally, that the time from SENATE RESOLUTION 523—RECOG- a hearing entitled ‘‘Impacts of Envi- 2:15 until 3 p.m. be equally divided and NIZING THE HEROIC EFFORTS OF ronmental Changes on Treaty Rights, controlled between the two leaders or FIREFIGHTERS AND MILITARY Traditional Lifestyles, and Tribal their designees. PERSONNEL IN THE UNITED Homelands.’’ The PRESIDING OFFICER. Without STATES TO CONTAIN NUMEROUS Those wishing additional information objection, it is so ordered. WILDFIRES THAT HAVE AF- may contact the Indian Affairs Com- FECTED TENS OF THOUSANDS mittee at (202) 224–2251. f OF PEOPLE f PROGRAM Mr. UDALL of Colorado (for himself, Mr. HATCH, Mr. BENNET, Ms. MUR- AUTHORITY FOR COMMITTEES TO Mr. WHITEHOUSE. Mr. President, KOWSKI, Mr. REID of Nevada, Mr. HELL- MEET today at 3 p.m. there will be a cloture vote on the motion to proceed to S. ER, Mr. MCCAIN, Mr. WYDEN, Mrs. MUR- SELECT COMMITTEE ON INTELLIGENCE 3369, the DISCLOSE Act, which we RAY, Mr. THUNE, Mr. UDALL of New Mr. BINGAMAN. Mr. President, I ask have discussed at such length tonight, Mexico, Mr. LIEBERMAN, Mr. TESTER, unanimous consent that the Select upon reconsideration. Mr. BINGAMAN, Mrs. FEINSTEIN, Mrs. Committee on Intelligence be author- BOXER, Mr. LEVIN, Mr. JOHNSON of ized to meet during the session of the f South Dakota, Mr. ROBERTS, Mr. Senate on July 16, 2012, at 4:45 p.m. CRAPO, Mr. SESSIONS, Ms. COLLINS, and The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 10 A.M. Mr. JOHANNS) submitted the following objection, it is so ordered. TOMORROW resolution; which was considered and Mr. WHITEHOUSE. If there is no fur- agreed to: f ther business to come before the Sen- S. RES. 523 PRIVILEGES OF THE FLOOR ate, I ask unanimous consent that it Whereas firefighters and residents of the Mr. WHITEHOUSE. Mr. President, I adjourn under the previous order. United States have contended with extreme There being no objection, the Senate, and erratic fire behavior and rapid rates of ask unanimous consent that for the du- fire spread; ration of today’s session, Alex Link, at 12:26 a.m., adjourned until Tuesday, Whereas, as of July 12, 2012, more than Rob Famigletti, and Samantha Free- July 17, 2012, at 10 a.m. 31,754 wildfires have burned more than man, who are fellows on my Judiciary f 3,281,008 acres of land, resulting in a dev- Committee staff, be granted floor privi- astating loss of life and property; leges. CONFIRMATION Whereas, as of July 12, 2012, firefighters The ACTING PRESIDENT pro tem- Executive nomination confirmed by have battled fires all across the Nation, in- pore. Without objection, it is so or- cluding— the Senate July 16, 2012: dered. (1) 1,637 fires that have burned more than THE JUDICIARY 516,482 acres in the Southwest United States; Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that privileges KEVIN MCNULTY, OF NEW JERSEY, TO BE UNITED (2) 13,584 fires that have burned more than STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW 291,957 acres in the Southern United States; of the floor be granted to the following JERSEY.

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SENATE COMMITTEE MEETINGS 2:30 p.m. 10 a.m. Homeland Security and Governmental Af- Health, Education, Labor, and Pensions Title IV of Senate Resolution 4, fairs To hold hearings to examine making col- agreed to by the Senate on February 4, Federal Financial Management, Govern- lege affordability a priority, focusing 1977, calls for establishment of a sys- ment Information, Federal Services, on promising practices and strategies. tem for a computerized schedule of all and International Security Sub- SD–430 meetings and hearings of Senate com- committee Judiciary mittees, subcommittees, joint commit- To hold hearings to examine the census, Business meeting to consider S. 285, for tees, and committees of conference. focusing on planning ahead for 2020. the relief of Sopuruchi Chukwueke, S. This title requires all such committees SD–342 3276, to extend certain amendments made by the FISA Amendments Act of to notify the Office of the Senate Daily Foreign Relations To hold hearings to examine to examine 2008, and the nominations of Frank Digest—designated by the Rules Com- Paul Geraci, Jr., to be United States mittee—of the time, place, and purpose the nominations of Marcie B. Ries, of the District of Columbia, to be Ambas- District Judge for the Western District of the meetings, when scheduled, and sador to the Republic of Bulgaria, John of New York, Fernando M. Olguin, to any cancellations or changes in the M. Koenig, of Washington, to be Am- be United States District Judge for the meetings as they occur. bassador to the Republic of Cyprus, Mi- Central District of California, Malachy As an additional procedure along chael David Kirby, of Virginia, to be Edward Mannion, and Matthew W. with the computerization of this infor- Ambassador to the Republic of Serbia, Brann, both to be a United States Dis- trict Judge for the Middle District of mation, the Office of the Senate Daily Thomas Hart Armbruster, of New York, to be Ambassador to the Repub- Pennsylvania, and Charles R. Breyer, Digest will prepare this information for of California, to be a Member of the lic of the Marshall Islands, and Greta printing in the Extensions of Remarks United States Sentencing Commission. Christine Holtz, of Maryland, to be section of the CONGRESSIONAL RECORD SD–226 Ambassador to the Sultanate of Oman, on Monday and Wednesday of each 2:15 p.m. all of the Department of State. week. Indian Affairs SD–419 To hold an oversight hearing to examine Meetings scheduled for Tuesday, July Judiciary 17, 2012 may be found in the Daily Di- the impacts of environmental changes Privacy, Technology and the Law Sub- on treaty rights, traditional lifestyles, gest of today’s RECORD. committee and tribal homelands. To hold hearings to examine what facial SD–628 recognition technology means for pri- MEETINGS SCHEDULED 2:30 p.m. vacy and civil liberties. Intelligence JULY 18 SD–226 To hold closed hearings to examine cer- 9:30 a.m. United States Senate Caucus on Inter- tain intelligence matters. Finance national Narcotics Control SH–219 Business meeting to consider Enforcing To hold hearings to examine prescription Orders and Reducing Customs Evasion drug abuse. JULY 20 (ENFORCE) Act, citrus, cotton, and SD–562 wool trust funds, African Growth and 10:30 a.m. 3 p.m. Homeland Security and Governmental Af- Opportunity Act (AGOA) amendments, Commerce, Science, and Transportation Dominican Republic-Central America- fairs Aviation Operations, Safety, and Security To hold hearings to examine the nomina- United States Free Trade Agreement Subcommittee (CAFTA–DR) technical corrections, tions of Walter M. Shaub, Jr., of Vir- To hold hearings to examine the global and Burma sanctions, and Russia Per- ginia, to be Director of the Office of competitiveness of the United States manent Normal Trade Relations Government Ethics, and Rainey Ran- (PNTR) and Moldova PNTR. Aviation Industry, focusing on address- som Brandt, and Kimberley Sherri SD–215 ing competition issues to maintain Knowles, both to be an Associate Judge Homeland Security and Governmental Af- United States leadership in the aero- of the Superior Court of the District of fairs space market. Columbia. To hold hearings to examine improving SR–253 SD–342 the transparency of Federal spending. SD–342 JULY 19 JULY 24 10 a.m. 9:30 a.m. 2:30 p.m. Judiciary Armed Services Commerce, Science, and Transportation To hold hearings to examine improving To hold hearings to examine the nomina- To hold hearings to examine the Cable forensic science in the criminal justice tions of General Mark A. Welsh III, Act at 20. system. USAF for reappointment to the grade SR–253 SD–226 of general and to be Chief of Staff, Veterans’ Affairs United States Air Force, Lieutenant JULY 25 To hold hearings to examine the nomina- General John F. Kelly, USMC to be tion of Thomas Skerik Sowers II, of 10 a.m. general and Commander, United States Missouri, to be Assistant Secretary of Judiciary Veterans Affairs for Public and Inter- Southern Command, and Lieutenant To hold hearings to examine ensuring ju- governmental Affairs. General Frank J. Grass, ARNG to be dicial independence through civics edu- SR–418 general and Chief, National Guard Bu- cation. 2 p.m. reau. SH–216 Aging SH–216 2:30 p.m. To hold hearings to examine Medicare Foreign Relations Homeland Security and Governmental Af- and Medicaid coordination for dual-eli- Business meeting to consider The Con- fairs gibles. vention on the Rights of Persons with Federal Financial Management, Govern- SH–216 Disabilities, Adopted by the United Na- ment Information, Federal Services, Commission on Security and Cooperation tions General Assembly on December and International Security Sub- in Europe 13, 2006, and Signed by the United committee To hold hearings to examine the esca- States of America on June 30, 2009 To hold hearings to examine assessing lation of violence against Coptic (Treaty Doc 112–7). grants management practices at Fed- women and girls in Egypt. SD–G50 eral agencies. Room to be announced SD–342

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 03:51 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\M16JY8.000 E16JYPT1 pwalker on DSK7TPTVN1PROD with REMARKS Monday, July 16, 2012 Daily Digest Senate Firefighters and Military Personnel Recognition: Chamber Action Senate agreed to S. Res. 523, recognizing the heroic Routine Proceedings, pages S4985–S5050 efforts of firefighters and military personnel in the Measures Introduced: Four bills and five resolu- United States to contain numerous wildfires that tions were introduced, as follows: S. 3385–3388, and have affected tens of thousands of people. Page S5024 S. Res. 519–523. Page S5047 Measures Considered: Measures Reported: DISCLOSE Act—Agreement: Senate resumed con- S. 1266, to direct the Secretary of the Interior to sideration of the motion to proceed to consideration establish a program to build on and help coordinate of S. 3369, to amend the Federal Election Campaign funding for the restoration and protection efforts of Act of 1971 to provide for additional disclosure re- the 4-State Delaware River Basin region, with an quirements for corporations, labor organizations, amendment in the nature of a substitute. (S. Rept. Super PACs and other entities. No. 112–183) Pages S4985–S5003, S5007–44 S. 2018, to amend and reauthorize certain provi- During consideration of this measure today, Senate sions relating to Long Island Sound restoration and also took the following action: stewardship. (S. Rept. No. 112–184) By 51 yeas to 44 nays (Vote No. 179), three-fifths S. 3264, to amend the Federal Water Pollution of those Senators duly chosen and sworn, not having Control Act to reauthorize the Lake Pontchartrain voted in the affirmative, Senate rejected the motion Basin Restoration Program. (S. Rept. No. 112–185) to close further debate on the motion to proceed to Report to accompany H.R. 3902, to amend the consideration of the bill. Page S5008 District of Columbia Home Rule Act to revise the Subsequently, Senator Reid entered a motion to timing of special elections for local office in the Dis- reconsider the vote by which cloture was not in- trict of Columbia. (S. Rept. No. 112–186) voked on the motion to proceed to consideration of Page S5046 the bill. Page S5008 A unanimous-consent agreement was reached pro- Measures Passed: viding that at 3 p.m., on Tuesday, July 17, 2012, National Association for the Advancement of the motion to proceed to the motion to reconsider Colored People 103rd Anniversary: Senate agreed to the vote by which cloture was not invoked on the S. Res. 520, commending the National Association motion to proceed to consideration of the bill, be for the Advancement of Colored People on the occa- agreed to; that the motion to reconsider be agreed sion of its 103rd anniversary. Page S5023 to; and Senate proceed to the cloture vote on the National Spinal Cord Injury Awareness Month: motion to proceed to consideration of the bill, upon Senate agreed to S. Res. 521, designating September reconsideration. Page S5050 2012 as ‘‘National Spinal Cord Injury Awareness Nomination Confirmed: Senate confirmed the fol- Month’’. Page S5023 lowing nomination: National Child Awareness Month: Senate agreed By 91 yeas to 3 nays, 1 responding present (Vote to S. Res. 522, designating September 2012 as ‘‘Na- No. EX. 178), Kevin McNulty, of New Jersey, to be tional Child Awareness Month’’ to promote aware- United States District Judge for the District of New ness of charities benefitting children and youth-serv- Jersey. Pages S5003–07, S5050 ing organizations throughout the United States and Messages from the House: Page S5046 recognizing efforts made by those charities and orga- Measures Referred: Page S5046 nizations on behalf of children and youth as critical contributions to the future of the United States. Measures Placed on the Calendar: Page S5046 Pages S5023–24 Enrolled Bills Presented: Page S5046 D726

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, July 17 12 noon, Tuesday, July 17

Senate Chamber House Chamber Program for Tuesday: The Majority Leader will be rec- Program for Tuesday: To be announced. ognized. At 3 p.m., Senate will vote on the motion to invoke cloture on the motion to proceed to consideration of S. 3369, DISCLOSE Act, upon reconsideration. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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