E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, SEPTEMBER 14, 1999 No. 119 House of Representatives The House met at 9 a.m. half of the Nation’s uninsured children, Vice President has proposed. Instead of f and we must not forget the other half. expanding the program to include Mr. Speaker, last week Vice Presi- MORNING HOUR DEBATES those at 250 percent of poverty, my bill dent GORE brought renewed attention will follow New Jersey’s example and The SPEAKER. Pursuant to the to this issue, reminding everyone that expand it to families at 350 percent of order of the House of January 19, 1999, the job is not done. In Los Angeles, he poverty. States that elect to increase the Chair will now recognize Members announced a plan he will be pursuing the eligibility level to 350 percent from lists submitted by the majority to make health insurance available to would receive increased Federal funds and minority leaders for morning hour every child in the country by the year to help meet the costs. debates. The Chair will alternate rec- 2005. ognition between the parties, with each I think it is important to note that In addition, my bill will include two party limited to not to exceed 30 min- the Vice President’s observation that provisions to help boost enrollment in utes, and each Member except the ma- the State health insurance program the program. The first will provide in- jority leader, the minority leader or needs to be expanded is a view shared centives for States to pass laws by a the minority whip limited to not to ex- by many, if not every State in the date certain to authorize hospitals to ceed 5 minutes each, but in no event country. A number of States have al- enroll on the spot eligible children who shall debate continue beyond 9:50 a.m. ready taken voluntary action to go be- have been brought into the hospital for The Chair recognizes the gentleman yond the terms of their partnership care. from New Jersey (Mr. PALLONE) for 5 with the Federal Government to make minutes. their child health insurance programs The second measure would create an f accessible to as many children as pos- incentive for States to pass laws to fa- sible. cilitate the recruitment of eligible CHILD HEALTH INSURANCE In my home State of New Jersey, for children who are not enrolled in the LEGISLATION example, the income eligibility thresh- program. Like the measure in the New Mr. PALLONE. Mr. Speaker, I am old for participation in the program Jersey State Senate after which it is pleased to announce this morning that has been raised from 200 percent to 350 modeled, this provision will provide a I will soon be introducing legislation to percent of the poverty level. That financial incentive for schools, day expand access to health insurance for means in New Jersey a family of four care centers, and health clinics to re- children. with an income of about $57,500 would cruit and enroll eligible children in 1 About 2 ⁄2 years ago, Congress passed be eligible to participate in the pro- State health insurance programs. the State Child Health Insurance Pro- gram. gram as part of the Balanced Budget The State legislature in New Jersey Mr. Speaker, these measures will go Act. That program established a part- has also passed a number of bills that a long way towards helping more of the nership between the States and the would expand access and improve out- families who the program was intended Federal Government, with the mission reach, which has been a significant im- to help who have so far been over- of making health insurance accessible pediment for signing up eligible chil- looked. Time has shown that while the to 5 million of the Nation’s estimated dren in many of the States. kids program, the kids care program, 10 million uninsured children. The tar- Mr. Speaker, the Vice President and has been successful, it will not be get population of that program was and the States have it right. We must pass enough to insure all of America’s unin- remains parents who make too much to a program to cover every child in the sured children if the Federal Govern- qualify for Medicaid but not enough to country, not just half the children. To ment fails to expand the program. buy policies in the expensive individual that end, I will soon be introducing my I look forward to collaborating with market. own bill to further the momentum cre- The program has been, by and large, ated by the States and the Vice Presi- the Vice President to fashion a pro- a success. A significant number of chil- dent to address this vital national gram that achieves our common goals. dren who would otherwise not have need. I hope all of my colleagues will join me health insurance now have that insur- Like the Vice President’s plan, my in supporting a renewed effort to finish ance. As successful as that program bill will expand the CHIP program to the job we started in 1997 so every fam- has been, there is still, though, a con- children beyond those in families at 200 ily may live with the security of know- siderable way to go. It was, after all, percent of the poverty level. It will, ing that, at a bare minimum, their designed to provide insurance for only however, go a bit further than what the children will be taken care of.

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

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. H8152 CONGRESSIONAL RECORD — HOUSE September 14, 1999

CONGRESS’ MOST IMPORTANT some $6 trillion in surpluses, there is Washington (Mr. MCDERMOTT) is recog- TASKS: TO BALANCE THE BUDG- going to be momentum built to spend nized during morning hour debates for ET AND PAY DOWN THE DEBT money. I think we need to give an ac- 5 minutes. The SPEAKER pro tempore (Mr. curate picture of where we are at fis- Mr. MCDERMOTT. Mr. Speaker, BALLENGER). Under the Speaker’s an- cally. there are some times when we pick up nounced policy of January 19, 1999, the Paying down the debt is the best the paper and we cannot believe what gentleman from Washington (Mr. thing we can do for this country. It can we are reading. I am looking at the SMITH) is recognized during morning reduce interest rates, which will help Washington Post. The article is called: hour debates for 5 minutes. business and individuals alike. All we GOP Seeks to Ease Crunch With a 13- Mr. SMITH of Washington. Mr. need is the discipline to do it. month Fiscal Year. Speaker, as I went around my district What I am asking in the next couple I came over to this floor because I during the August recess and listened of months is that we actually do some- want to put my name on record right to my constituents about what their thing historic and change the culture here and now against this. I will tell primary concerns were, I heard the of this place. For too long people have the Members why. This is deja vu, for same statement, the same issue, over looked to Congresspeople, or me. I was in the Washington State leg- and over again in different forms but Congresspeople have thought this, any- islature in 1972 when they did what we with the same message. That is that way, and thought, the way I please my call the light bulb snatch. We took the the single most important thing the constituents is by passing out some- first month of the next year and pulled Congress can do is balance the budget thing to them, a program, a check, a it into this year and said, now we have and pay down the debt. tax cut, something. Whereas I think 13 months of money to spend in 12 As we head into September and Octo- the single best thing that a Member of months. That is exactly what some ber, the last 2 months of our session, Congress can give to his or her con- brilliant theorist over in the other that should be our number one pri- stituents is a fiscally responsible, effi- body has conceived of as a way of ority. The budget is on the table. It is cient government. avoiding being honest about this budg- up for us to negotiate it and figure out Let us make that the standard by et. what we ought to do with it. But the which we judge our Members of Con- What happened in the State of Wash- top priority in that process ought to be gress. Let us not do it program by pro- ington was that ultimately we lost our balancing the budget and paying down gram, check by check. Let us do it by bond rating, and when I became chair- the debt. the overall competence with which we man of the Committee on Ways and We have an incredible opportunity to run our government. Means in 1983, I had to raise taxes to do this. When we think about where we I will tell the Members, after having pay off this 13-month so we could get were 5 or 6 years ago, the fact that talked to my district and listened to our bond rating back. When I read that deficits were over $200 billion, ap- my district for the last 3 years, there is they are going to do it in the United proaching $300 billion, with projections a hunger for that type of leadership in States Senate, that Republicans, the that they would get as high as $500 bil- this country. People want a Congress party of fiscal responsibility, those lion, running the overall debt up over that talks to them straight about the people who are really close with our $7 or $8 trillion, to have us down to the fiscal picture, that performs their job money, they want to give it all back to point where we are just this close to in a responsible and efficient manner, us, are now going to create a fictitious, balancing the budget is a tremendous does not simply come along and prom- that is the word they use, ‘‘By creating accomplishment. ise big, grand, high things for all the this fictitious 13th month, the law- I rise today primarily to urge this years to come. They are looking for makers would be able to spend $12 to body to not snatch defeat from the that efficiency, for that responsibility. $16 billion more.’’ jaws of victory as we negotiate this As a Democrat and as a member of This is Alice in wonder land run by issue and all of the issues that have to the New Democrat Coalition, I want the Republican party. When the Com- do with government spending over the my party, obviously, to be the one that mittee on Ways and Means in the year course of the next 2 months, let us gives it to them. But actually, my big- 2001 is in Democratic hand and I am stick to that goal of making sure that gest hope is that both parties will rec- sitting there, I do not want to have to we balance this year’s budget and get ognize the desire for that and we will clean up a mess created by people who ourselves in a position to start paying both give it to them, as we head to- will not be honest about the budget down the debt. wards the October 1 deadline for the process. There are a couple of issues that al- next budget. I just was in my district, like the ways challenge us on that. I think the We have a great chance to get there. gentleman from Washington before me. biggest one is the so-called surplus. I We have a strong economy, high I went to a liberal church talking saw ads on television over the break growth, low unemployment, low infla- about violence, and we talked about a brought to us from Washington, D.C. tion. We are headed in the right direc- variety of things in a forum. I asked talking about how there is a surplus in tion. I urge this body and my col- them, how many of you want a tax Washington. I hear this conversation leagues to do the work over the course break? Not a single person raised their continually. of the next 2 months that gets us there, hand, out of 150 people. They began to One of the rules that I think we so we can all go back to our constitu- talk about it, and what 90 percent of should pass in this body is to require ents and I think give them the most them wanted to do was to pay down the all Members to accurately state the significant thing that any congres- debt. But no, what we see in the Senate budget situation before they talk about sional body has given their delegation is we do not want to be honest about any subject, any spending program, in years, and that is a balanced budget doing what the President said, pay any tax cut. The budget situation is and a step towards paying down that what we need in social security first, basically we have a $5 billion debt or huge Federal debt that many of us then strengthen Medicare, and then deficit for the year, the fiscal year that thought we would never have a chance deal with whatever else we have to deal will end on October 1. In fiscal year to pay down. with. 1999 we are looking at a $5 billion def- Let us seize this opportunity and do I personally think the American peo- icit. what is right for the American people: ple are ready to pay down the debt. As I mentioned, that is a significant balance the budget and pay down the They all understand that when they improvement, but it is still a deficit. debt. get additional money and their credit All of those surpluses that we are talk- f card is at $5,000, they do not go out and ing about are projected out into the fu- buy more, they pay down that credit ture. So let us not spend them before THE SENATE GOP’S PROPOSAL card debt. they actually show up, let us give an FOR A 13-MONTH FISCAL YEAR We have an enormous debt, and yet accurate picture of where we are at in The SPEAKER pro tempore. Under what we are doing here is like the the budget process, because if we go the Speaker’s announced policy of Jan- county fair. There is a guy there with around telling people that we have uary 19, 1999, the gentleman from three walnut shells and a pea, under it September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8153 and we move it around real fast and for congressional Republicans to cut spend- tify $16 billion or so of offsetting reductions you are supposed to guess where the ing and live within tight budgets without re- in mandatory programs and other areas to fi- pea is. What this is is a shell game so sorting to what many experts describe as fis- nance the additional Labor-Health-Edu- that the American people will never cal gimmickry. With the government awash cation programs, but so far he has reported in surpluses, there is certainly the money to little progress. understand what is happening here, ex- pay for extra programs next year. But to do Rep. John Edward Porter (R–Ill.), Specter’s cept for the truth is right here, by cre- so would require breaking existing spending counterpart on the House Appropriations ating this fictitious 13th month. limits and, more than likely, dipping into Committee, has grown frustrated with the b 0915 extra money generated by the popular Social process and contends that Congress and the Security program—something both parties administration must face the reality that The people who thought it up ought have pledged not to touch. the 1997 budget agreement is no longer prac- to be ashamed of themselves. I do not As a result, GOP lawmakers have struggled tical. know how they can go around and say to find ways of spending money without ‘‘I still believe in the end the caps are that they are fiscally conservative and technically breaking those limits. For in- going to have to be raised, and the question stance, lawmakers already have classified throw rocks at people like me who they is whether you do it honestly or whether you spending on farms and the 2000 census as put into place all kinds of gimmicks, includ- call liberals. ‘‘emergency’’ spending not subject to exist- ing emergencies and forward funding and the I paid one of these off. I did what I ing rules. All told, lawmakers already have like,’’ Porter said. had to do to be fiscally responsible. It exempted nearly $28 billion in proposed But Specter, Senate Appropriations Com- makes me angry to see people starting spending next year from the existing budget mittee Chairman Ted Stevens (R–Alaska) down this road and if they lose control limits. and other Senate leaders see virtue in a in here or lose control in the Senate, The 13th-month gambit promoted by Spec- budgetary maneuver that would ensure ade- ter has been used before on a smaller scale, quate funding for education and other pro- then suddenly it will be the Democrats’ but fiscal experts expressed concern that problem, we will have to fix it. And I grams next year and that meets the letter— Congress would simply be putting off its day if not the spirit—of the budget law. Because object to that, and I object very of reckoning by employing it on so large a the non-Social Security budget surplus is strongly. scale. supposed to be even larger in the following I think every Member ought to read ‘‘It avoids the problem, it doesn’t solve the year, such a move could also make it easier this article and ask themselves do they problem,’’ said Robert Reischauer, former di- to finance ongoing government programs rector of the Congressional Budget Office. want to be put in that kind of a box. without dipping into Social Security re- ‘‘We will have spending caps in 2001 and 2002 serves. Because at some point they have to as well, so all you’ve done is postponed and pay it off. That debt is out there, and ‘‘If the money can be pushed off to expendi- magnified the problem.’’ tures in 2001, that would give us the latitude it has got to be paid; and by increasing ‘‘They’re degrading themselves and degrad- of using that year’s surplus without breaking it by 12 to $16 billion, we do not fix ing the budget process by resorting to these the caps,’’ Specter said. anything; we just make it worse. budget gimmicks,’’ added Robert L. Bixby, So I urge everyone, Mr. Speaker, to policy director of the Concord Coalition, a f read that article. And I will put this budget watchdog group. CAMPAIGN FINANCE REFORM While it is far from clear whether House article in the RECORD so that we can Republicans or the White House will go The SPEAKER pro tempore (Mr. have it there and everybody can see it along with the plan, the Senate’s so-called BALLENGER). Under the Speaker’s an- and remember when we decided to start ‘‘advance funding’’ proposal underscores law- nounced policy of January 19, 1999, the down this stupid path. There is no ex- makers’ desperation in trying to pass the gentleman from Texas (Mr. DOGGETT) cuse for this. There can be an honest largest and traditionally most contentious spending bill without breaking the budget is recognized during morning hour de- budget discussion in here, but it is bates for 5 minutes. going to require that the majority deal that President Clinton and Congress agreed to in 1997. Mr. DOGGETT. Mr. Speaker, today party talk to the minority party, have Spending in the Labor-Health-Education the business of this House will focus on conferences, talk about what the issues bill includes funding for health and human the question of campaign finance re- are. services programs, the National Institutes of form. It is indeed an important debate It can be done, but it is going to have Health (NIH), job training, Head Start for because the agenda of this Congress is to take both sides working together. disadvantaged youth and Pell grants for col- lege students. Last year Congress could not being set by the special interest con- And if it does not happen that way and tributors that increasingly dominate we start down this path, they are on come up with a bill that was acceptable to the administration until the last minute, our elections. their own. I am against it from the when GOP leaders and the president nego- It is the American people who have very first day I see it in the paper. tiated a giant package that included nearly to foot the bill for those special inter- Mr. Speaker, I include for the $20 billion of additional spending for domes- ests, and they foot it in many ways. RECORD the article to which I referred. tic programs. GOP leaders felt burned by the Without a vote for genuine campaign [From the Washington Post, Sept. 14, 1999] arrangement and have vowed to avoid such a finance reform, and that is the Shays- GOP CONSIDERS 13-MONTH FISCAL YEAR deal this year. Not counting mandatory entitlement pro- Meehan bipartisan campaign finance (By Eric Pianin) grams, spending for Labor-Health-Education bill, which represents the only true re- As they struggle to live within tough re- programs totals roughly $92 billion this fis- form, if it can be approved today with- strictions on how much they may spend, cal year. For next year, House leaders have out amendments. Without a vote for Senate Republicans have found another cre- essentially used the Labor-HHS bill as a genuine campaign finance reform, ative way to shoehorn popular domestic pro- piggy bank to finance other spending bills pharmaceutical companies, who con- grams into next year’s budget: declaring the and have set aside only $73 billion for the bill coming fiscal year 13 months long instead of itself, a cut of roughly $19 billion. Senate tribute to campaigns will determine the usual 12. leaders have set aside a little more, $80.4 bil- whether our seniors ever get access to By creating this fictitious 13th month, lion, for those programs. affordable prescription drugs. lawmakers would be able to spend $12 billion If such reductions were sustained, House Without a vote for genuine campaign to $16 billion more for labor, health, edu- Democrats have warned that across-the- finance reform, insurance companies cation and social programs than they other- board spending cuts of as much as 32 percent will determine whether folks in man- wise would be permitted under budget rules. would be required on education programs, aged care ever get their rights in a Because the additional funds would not be Head Start, NIH grants, Job Corps, AIDS re- true, meaningful patients’ bill of rights technically released until immediately after search and scores of other programs. Repub- the fiscal year ends, they would not count licans and Democrats alike agree that the to hold the insurance companies ac- against the overall limits on federal spend- bill will have to be beefed up substantially— countable for their misconduct. ing next year. probably to this year’s levels—to win pas- Without a vote for true and effective ‘‘We all know we engage in a lot of smoke sage and the president’s signature. campaign finance reform, it will be the and mirrors,’’ said Sen. Arlen Specter (R– ‘‘The bill as it is set up right now falls im- tobacco companies, who through their Pa.), chairman of the Senate Appropriations possibly short of funding levels that are nec- contributions determine whether we subcommittee with jurisdiction over the pro- essary to ensure even basic services in edu- ever do anything to address the in- grams. ‘‘But we have to fund education, NIH, cation, health and labor,’’ said Linda Ricci, a worker safety and other programs. It’s a spokeswoman for the Office of Management crease in nicotine addiction among our question of how we do it.’’ and Budget. children. The proposal—which has been embraced by In the House, Majority Whip Tom DeLay Without an effective campaign fi- Senate leaders—highlights how difficult it is (R–Tex.) is leading an effort to try to iden- nance reform embodied in the Shays- H8154 CONGRESSIONAL RECORD — HOUSE September 14, 1999

Meehan bill without amendments, it propose today in the Shays-Meehan bi- UDALL) come forward and lead the will be the gun manufacturers through partisan campaign finance reform, will House in the Pledge of Allegiance. their contributions, who will determine not correct every wrong in this Con- Mr. UDALL of New Mexico led the whether we ever address the question gress. But without real, meaningful, Pledge of Allegiance as follows: of gun violence in our society. comprehensive reform, the American I pledge allegiance to the Flag of the And certainly, as we have seen in people will continue to be wronged by United States of America, and to the Repub- this abominable, huge trillion-dollar the special interests that dominate lic for which it stands, one nation under God, tax cut proposed by the Republican this Congress. indivisible, with liberty and justice for all. leadership, unless we get effective cam- Let us approve bipartisan reform f paign finance reform, it will be the spe- today. IMPORTANCE OF MINING INDUS- cial interests here in Washington, who f TRY TO AMERICA AND ITS FU- continue to write loopholes for them- TURE selves in our Tax Code, designing it as RECESS a more and more complex code where The SPEAKER pro tempore. There (Mr. GIBBONS asked and was given the ordinary, hard-working American being no further requests for morning permission to address the House for 1 family has to pick up most of the cost hour debates, pursuant to clause 12, minute and to revise and extend his re- of Government and the special inter- rule I, the House will stand in recess marks.) ests manage to avoid paying their fair until 10 a.m. today. Mr. GIBBONS. Mr. Speaker, unfortu- share. Accordingly (at 9 o’clock and 23 min- nately, there are some Members of this The debate in this Congress today on utes a.m.) the House stood in recess body that would like to eliminate the this bill will determine on whether or until 10 a.m. American mining industry. However, not we really require complete disclo- many of them do not realize how im- b sure by the so-called independent cam- 1000 portant this industry is to America and paigns when they are really cam- f to its future. paigning with unregulated, undisclosed AFTER RECESS Without the mining industry, we money for a handful of special interest would not have the system of transpor- candidates. The recess having expired, the House tation that enables America to get to Secondly, it will eliminate the soft was called to order by the Speaker pro work and be productive. In fact, we money contributions, the unreported, tempore (Mr. MILLER of Florida) at 10 would not have a refrigerator that pre- unregulated, unlimited contributions a.m. serves and keeps our food cold and that these same special interests, the f would not have a bed to sleep in or pharmaceutical companies, the insur- PRAYER even a house to live in, not to mention ance companies, the tobacco lobbyists that the combined direct and indirect The Chaplain, the Reverend James dump into these campaigns to tie up economic impact of the Nation’s metal David Ford, D.D., offered the following the Congress and to control its agenda. mining industry amounts to more than prayer: I believe that what we need to do is $112 billion per year. not just some slight housekeeping O give us peace, O give us hope, The metal industry paid $523 million amendments, as have been proposed, to O give us light above. directly to State and local govern- thwart the Shays-Meehan bill, but we O God, from whom all blessings flow, We thank You for your love. ments, $620 million in taxes and fees to need a clean sweep of the system. the Federal Government, $7 billion to If the Shays-Meehan bipartisan cam- Bring us faith and give us hope, other businesses for supplies and al- paign finance reform has any defect, And keep us always true; most $3.5 billion in wages and benefits. the defect is that it does too little, not That whatever path we walk, We walk that path with You. Amen. By the time this $11.6 billion circulates that it does too much. But it does rep- throughout the economy, the metal resent an important first step on a bi- f mining industry directly had a $112 bil- partisan basis to overcome the defi- THE JOURNAL ciencies in our current system, which lion impact on the Nation’s economy. The SPEAKER pro tempore. The permit a stranglehold through special Mining is not just about our quality Chair has examined the Journal of the interest contributions on the oper- of life, however, or the hard working last day’s proceedings and announces ations of this Congress. families. It is also about the contribu- Doris Haddocks, a woman from New to the House his approval thereof. tions it makes to medical advance- England, who has referred to herself as Pursuant to clause 1, rule I, the Jour- ments, our schools, neighborhoods, ‘‘Granny D,’’ is 89 years old. She began nal stands approved. State and local and Federal Govern- a walk out in California. I believe she Mr. DOGGETT. Mr. Speaker, pursu- ments. has about reached the Mississippi ant to clause 1, rule I, I demand a vote Mining is a partner with government, River, walking by herself across Amer- on agreeing to the Speaker’s approval with communities all across America. ica, as an 89-year-old great grand- of the Journal. f The SPEAKER pro tempore. The mother, to speak out and draw atten- PASSING SHAYS-MEEHAN STRIKES tion to the need for reforming our cam- question is on the Chair’s approval of the Journal. A BLOW FOR DEMOCRATIC PRIN- paign finance system and getting so CIPLES much of this special interest money The question was taken; and the out of our system. Speaker pro tempore announced that (Mr. UDALL of New Mexico asked I would say to my colleagues that she the ayes appeared to have it. and was given permission to address has a better chance, a much better Mr. DOGGETT. Mr. Speaker, I object the House for 1 minute and to revise chance, of completing her walk step by to the vote on the ground that a and extend his remarks.) step across the wide expanse of Amer- quorum is not present and make the Mr. UDALL of New Mexico. Mr. ica, ‘‘from sea to shining sea;’’ she has point of order that a quorum is not Speaker, today we have the oppor- a much better chance to accomplish present. tunity to put democracy back in the that objective than this Congress does The SPEAKER pro tempore. Pursu- hands of the people. Increasingly, the to ever escape special interest domina- ant to clause 8, rule XX, further pro- power of the special interests and big tion unless we reform our campaign fi- ceedings on this question will be post- money have had their sway in the Con- nance system. poned. gress. Now is the time to let the peo- We need true, genuine reform. With- The point of no quorum is considered ple’s voices be heard. By passing the out that reform, this Congress and its withdrawn. Shays-Meehan campaign finance re- entire agenda will continue to be set f form bill, we will be striking a blow for largely on the basis of who gave how Democratic principles. Shays-Meehan much to whom. PLEDGE OF ALLEGIANCE will restore confidence in our demo- I believe that campaign finance re- The SPEAKER pro tempore. Will the cratic system. It will inject new integ- form, certainly the modest steps we gentleman from New Mexico (Mr. rity into the process and it will assure September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8155 us a more responsive and vibrant de- porter for NBC’s Channel 5 he covered bankrupt and screw the American mocracy. me in my work as a civil rights activ- creditors. What a system. Last year, a large bipartisan major- ist. Even then, as a young journalist, I yield back all the anti-American ity passed Shays-Meehan. We must Phil’s insightful reporting and the pas- trade and tax policies that this Con- have the courage to do the same this sion he brought to telling Chicago sto- gress continues to support and pass. year. I urge my colleagues, Democrats, ries proved to be award winning. The f Republicans, Independents, to vote for man and his work will be long remem- KEEP AND MAINTAIN ERISA, THE passage of meaningful campaign fi- bered and long cherished by Chicagoans EMPLOYEE RETIREMENT INCOME nance reform. for years to come. SECURITY ACT OF 1974 f Phil Walters passed on Sunday, Sep- (Mr. KNOLLENBERG asked and was INTRODUCTION OF A RESOLUTION tember 12, 1999, and is survived by his given permission to address the House ON EAST TIMOR wife Paula Weiss and his son Tyce. Our condolences are with his family and for 1 minute and to revise and extend (Mr. BEREUTER asked and was with his friends. his remarks.) given permission to address the House f Mr. KNOLLENBERG. Mr. Speaker, I for 1 minute and to revise and extend would like to remind my colleagues of his remarks.) ELIMINATE THE MARRIAGE TAX the many benefits of the Employee Re- Mr. BEREUTER. Mr. Speaker, as PENALTY NOW tirement Income Security Act of 1974, chairman of the Subcommittee on Asia (Mr. WELLER asked and was given better known as ERISA. After all, vol- and the Pacific, this Member rises to permission to address the House for 1 untary ERISA-based employer self-in- advise his colleagues that he intends to minute and to revise and extend his re- sured plans cover nearly 80 percent of introduce a resolution this afternoon marks.) the workers in this country. regarding the institution in East Mr. WELLER. Mr. Speaker. I have ERISA retains the State’s authority Timor. Among its provisions, this reso- often asked from the well of the House over the business of insurance. It also lution notes the abject failure of the a basic question. That is, is it right, is ensures that plans would be subject to government of Indonesia to fulfill its it fair, that married working couples the same benefit laws across the responsibility to guarantee the safety with two incomes pay higher taxes just States. ERISA provides flexibility by and security of the people of East because they are married? I have often allowing employers and employees to Timor and calls on the government of asked, is it fair, is it right, that 21 mil- agree to choose a benefit package Indonesia to terminate the current vio- lion married working couples pay $1,400 which best suits their needs. This ap- lence in East Timor. more on average in higher taxes just proach keeps costs down because it al- The resolution also expresses the lows them to do so without the govern- support of the House for a United Na- because they are married? Meet Michelle and Shad Hallihan, ment regulation that drives the costs tions Security Council-endorsed multi- national force for East Timor which, two Joliett school teachers, young peo- up. Make no mistake about it, the chief under duress, President Habibie has ple just starting a family, just had a beneficiaries of preempting ERISA agreed to permit. baby. They suffer the marriage tax Australia is willing to lead this force penalty just like 21 million other mar- would be the trial lawyers. Consumers and should be commended and sup- ried working couples. and employers will be left to pick up ported. We need to get that force into It is an issue of fairness, an issue of the bill for increased and often frivo- East Timor now. The United Nations difference between right and wrong. lous litigation. surely knew that some degree of vio- The end of July, this House and the Mr. Speaker, this Congress must en- lence would follow the announcement Senate voted to eliminate the marriage sure the patient’s right to care, not the of the election results. It is a tragedy tax penalty for a majority of those who lawyer’s right to bill. they were so unprepared for the ram- suffer it, benefiting over 21 million f married working couples. page of the militia forces. NOW IS THE TIME TO CLEAN UP The President has an important Given the human tragedy that has THE SPECIAL INTEREST MONEY choice. Is he going to help families like been unfolding in East Timor and the MESS THAT DOMINATES OUR Michelle and Shad Hallihan, 42 million pressing need for the House to speak CAMPAIGNS out for action against the violence and Americans who suffer the marriage tax (Mr. DOGGETT asked and was given mayhem there, it is the intention of penalty, or is he going to practice par- permission to address the House for 1 this Member to move this East Timor tisan politics? minute.) resolution through the Committee on I hope the President will join with us Mr. DOGGETT. Mr. Speaker, today International Relations and bring it to in a bipartisan effort to eliminate the this House has an important oppor- the House floor as expeditiously as pos- marriage tax penalty by signing into tunity to clean up the special interest sible. law the Financial Freedom Act. Let us Therefore, any colleagues who would eliminate the marriage tax penalty. money mess that dominates our cam- like to be original cosponsors of this f paigns. Approval of the bipartisan Shays-Meehan campaign finance re- resolution should contact the sub- ANTI-AMERICAN TRADE AND TAX committee at 67825 this afternoon. form legislation can go a long way in POLICIES correcting some of the wrongs that f (Mr. TRAFICANT asked and was dominate this Congress. TRIBUTE TO CHICAGO JOURNALIST given permission to address the House To get real change, however, we must PHIL WALTERS for 1 minute and to revise and extend approve this bill without any change. (Mr. RUSH asked and was given per- his remarks.) The amendments that are being of- mission to address the House for 1 Mr. TRAFICANT. Mr. Speaker, re- fered, the substitutes, some of them ap- minute and to revise and extend his re- member the Singer sewing machines? pear to be direct, straightforward ef- marks.) Most married couples in America had forts to kill this legislation. Others of Mr. RUSH. Mr. Speaker, this morn- one. Today the Singer Company filed them are in seemingly innocuous form ing I rise to pay tribute to the life of a bankruptcy in New York. but the sole purpose of every amend- respected journalist, a superb writer The Singer Company is now ment, every substitute, is to block re- and a true Chicagoan. Phil Walters headquartered in Hong Kong. They form. covered the streets of Chicago with his make their sewing machines in Japan, Last year, the Republican leadership, own unique style and in his own bril- Brazil, and Taiwan. It is called the New every single Member of the Republican liant way. He shared Chicago’s life and World Order, Mr. Speaker. leadership of this House, voted against times with millions of television view- Here is how it works: American fac- reform. And they managed to delay ers for more than 30 years. tories move overseas. They send their consideration of this bill, delay it long My relationship with Phil began products back and sell them in Amer- enough that they finally succeeded in some 30-odd years ago when as a re- ica. If it does not work out, they go killing it. H8156 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Today we call on them to join with we, congressional candidates. In the legislature, taxes, Social Security, us, to join with leaders on both the Re- last presidential election, the Clinton Medicare, unless we have the trust of publican and Democratic side, in sup- and Dole campaigns spent a combined the people. port to reform, in cleaning up this $232 million. What has this got to do The Shays-Meehan legislation on mess, so that we can move forward to with free speech? campaign finance reform is a very good address the real issues that concern the The time has come to restore some and excellent first step in restoring American people. sanity to our electoral process. The trust in government. f leadership of the House is again trying f to submarine the Shays-Meehan bill by THE PRESIDENT HAS BEEN MAK- making several poison pill amend- ATTORNEY GENERAL JANET RENO ING THE CASE FOR THE REPUB- ments in order. That is why we must IS RESPONSIBLE FOR WACO LICAN TAX RELIEF BILL FOR take the courageous decision today, (Mr. STEARNS asked and was given MONTHS Mr. Speaker, and pass the Shays-Mee- permission to address the House for 1 (Mr. PITTS asked and was given per- han bill. minute and to revise and extend his re- mission to address the House for 1 f marks.) Mr. STEARNS. Mr. Speaker, in 1993, minute and to revise and extend his re- REAL REFORM COMES FROM the tragedy in Waco, Texas left many marks.) OBEYING EXISTING LAW Mr. PITTS. Mr. Speaker, a few unanswered questions for Congress and thoughts on the President and our tax (Mr. HAYWORTH asked and was the American public. One question re- relief bill. If we listen to what the given permission to address the House mains, of course. What happened? President has been saying, we will see for 1 minute and to revise and extend Where does the responsibility lie? that he has actually been making the his remarks.) In 1993, in April, Attorney General Mr. HAYWORTH. Mr. Speaker, to case for this tax relief bill for months. Janet Reno said, quote, ‘‘The buck hear my colleagues on the left talk The President says he supports seniors. stops with me,’’ end quote. She took about it in concert with other folks at So do we. That is why the Republican responsibility then for the Waco trag- the other end of Pennsylvania Avenue, tax relief plan walls off and locks away edy, but of course, now, it is shifting it is very interesting to hear all of Social Security trust fund monies for blame. Where is her responsibility for these calls for campaign finance re- America’s seniors. the information supplied to Congress form, because, in fact, mindful of these and the American people? The President says he supports pleas at the other end of Pennsylvania America’s farmers and ranchers. So do It was reported in the Washington Avenue I would equate them, Mr. Times that the Justice Department we. That is why the Republican tax re- Speaker, with Bonnie and Clyde in the lief bill eliminates the death tax for omitted in its December 1993 report to midst of their crime spree calling a Congress the one key page of informa- farmers and for small businesses so press conference to call for tougher tion quote, ‘‘documenting the use of 40 that they can pass the family farm or penalties on bank robbery. millimeter tear gas project tiles at business on to the next generation. The fact is, Mr. Speaker, real reform The President says he supports work- first comes by obeying existing law. Waco,’’ end quote. Now, it appears the ing families. So do we. That is why the That is the problem this administra- Justice Department is saying they Republican tax relief plan reduces the tion has never come to grips with in a gave this information 2 years later, in marriage penalty tax. variety of different areas. It would be 1995. The President says he is for reducing good to obey existing laws. That is why This latest revelation and other ones the Federal debt. So are we. That is they are already on the books. that will probably follow are just an in- why the tax relief bill pays down $2.2 Mr. Speaker, I hope the President en- dication that the Justice Department trillion of the public debt. It also en- joyed his round of golf today in the is not handling this situation well. courages savings and investments with South Pacific. He came here in Janu- There is incompetency in her depart- other targeted tax cuts. ary and gave a State of the Union mes- ment, and much of the information Mr. Speaker, I urge the President to sage and the next day went to Buffalo, provided is not accurate. So I urge my listen to his own rhetoric, to join the New York and told the American peo- colleagues to look at this question of cause in reducing the tax burden, the ple they could not be trusted with their responsibility and help us to get to the national debt, on all working Ameri- money, and yet last week, he said he bottom of this matter. cans. Next year is an election year. Mr. would trust the word of Puerto Rican Attorney General Reno should take President, this is the year for your op- terrorists and grant them clemency. full responsibility and not try to shift portunity to do something with bipar- How curious, Mr. Speaker, when the blame. tisan support. President of the United States will not f f trust the American people with their VOTE FOR SHAYS-MEEHAN AND own money and yet trust the word of THE BIPARTISAN CAMPAIGN DEFEAT POISON PILL AMEND- terrorists. REFORM ACT MENTS f (Mr. PASCRELL asked and was given (Mr. DAVIS of Florida asked and was permission to address the House for 1 CAMPAIGN FINANCE REFORM RE- given permission to address the House minute.) QUIRES TRUST OF THE PEOPLE for 1 minute and to revise and extend Mr. PASCRELL. Mr. Speaker, today IN GOVERNMENT his remarks.) we will be debating a piece of legisla- (Mr. HOLT asked and was given per- Mr. DAVIS of Florida. Mr. Speaker, tion that could more than any other mission to address the House for 1 we have an opportunity today to take single act put an end to the troubling minute and to revise and extend his re- an important step towards returning cynicism of the American electorate, marks.) control of this Congress to the people the Bipartisan Campaign Finance Re- Mr. HOLT. Mr. Speaker, political and away from the special interests form Act. In our Nation, the birthplace consultants say campaign finance re- that have a disproportionate influence of modern democracy, our citizens are form, in their words, does not poll. The in Congress. This will be the Shays- less likely to vote than any other coun- opponents of campaign finance reform Meehan bill that we will debate later try in the rest of the industrialized legislation think that if they prevent today that will close two of the most world. While there are other factors or water down this legislation, no one gaping loopholes in our campaign fi- that influence this disturbing trend, will notice. There will be no price to nance system: soft money and sham the perception that our elections are pay. issue ads. bought and sold rank at the top. There will be a price to pay, Mr. Let us be clear about what opposition Speaker. We face a crisis of trust in our we face today. The leadership of this b 1015 Government. House has arranged for amendments to The numbers are staggering. In 1998, America cannot deal successfully be offered that are very innocuous, but over $781 million was contributed to us, with the tough problems that face this will have the effect of depriving the September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8157 House of Representatives from voting favor of Shays-Meehan, which passed of financing political campaigns. The on Shays-Meehan. This is a disingen- this body by a wide margin last year, Shays-Meehan bill is real reform, uous way to conduct the debate. We vote to eliminate soft money from our eliminates soft money, increases dis- need to see through it today. campaigns. Those who obstruct cam- closure and bans phoney issue ads. This is not a Democratic issue or a paign finance reform and try to attach The Republican leadership support Republican issue; this is an American their poison pills turn their backs on the show-me-the-money approach. issue. Senator MCCAIN is leading the the American people’s desire for a po- They argue for more money in the sys- fight in the Senate. We need to come litical system that is built vote by vote tem and less reforms. Real reform together as Democrats and Republicans and not dollar by dollar. versus show me the money. Support today. We need to have an open and This is a bipartisan problem, and it Shays-Meehan and show every Amer- honest debate on campaign finance re- needs a bipartisan solution. Let us ican that the House supports real re- form and defeat the poison pill amend- make our founders proud; let us sup- form and not simply more money. ments that will be offered on the bill. port and pass Meehan-Shays, remove f f soft money from our campaigns, and KUDOS TO SPEAKER HASTERT strengthen our democracy for future TAXES TODAY ARE SIMPLY TOO FOR BRINGING SHAYS-MEEHAN generations. HIGH TO THE FLOOR f (Mr. BALLENGER asked and was (Mr. CAMPBELL asked and was given permission to address the House MANAGED CARE REFORM given permission to address the House for 1 minute and to revise and extend (Mr. GANSKE asked and was given for 1 minute and to revise and extend his remarks.) permission to address the House for 1 his remarks.) Mr. BALLENGER. Mr. Speaker, minute.) Mr. CAMPBELL. Mr. Speaker, we taxes today are simply too high. The Mr. GANSKE. Mr. Speaker, I want to owe a debt of gratitude to the Speaker average American pays $10,300 every clear up an area of misunderstanding of the House. There are many who said year in taxes to all levels of govern- that some of my colleagues have, as that this day would never come when ment. That is more than the cost of well as some of the business commu- we would get to vote on Shays-Meehan. food, shelter, and clothing combined. nity has concerning the bipartisan But today, we will get to vote on real Yet President Clinton continues to re- managed care bill. campaign finance reform. I was a fight- ject tax relief for hard-working Ameri- I recently had a CEO of a major cor- er on the floor here last year for Shays- cans. poration from the Midwest and his lob- Meehan, and I will be that again today. If one is married and paying more in byist come into my office and say, if Let us give the Speaker of the House taxes than one should because of the that bill comes law, it would mean the some credit. Remember, under the pre- IRS marriage penalty, the President end of ERISA. I said, how so? He said, vious Speaker, we had to have a dis- says, tough. If one works hard all of we would not be able to do a uniform charge petition to get this to the floor. their life to build a business so that benefits package for our employees This Speaker, by contrast, promised we one can pass it on to their kids only to across various State lines. I said, you would have a vote in September. He fall victim to the death tax, he says, know what? There is nothing in that has kept that promise. And that is why that is too bad. bill that deals with mandated benefits. we are here today. Along with across-the-board tax cuts Nothing, nada, zero. There would still One brief comment further on the for all taxpayers, the Republican Con- be ERISA if we passed this law. merits. I only wish we could do more gress wants to provide badly needed re- Businesses that operate across State than Shays-Meehan. But what Shays- lief from the marriage penalty and do lines would still be able to do a uni- Meehan does that is so valuable is to away with the death tax. But the Presi- form benefits package, and they would plug two huge loopholes, one might dent says he will veto that. still be exempt from State mandates. even call them subterfuge, in existing Rather than allow taxpayers to keep The only thing this bill does in ERISA law. The law says, an individual cannot more of what they earn, he wants them that is of consequence is that it says give above $1,000 to a campaign. But to give more to Washington bureau- that if a health plan makes a medical the law allows you to give all you have crats. By vowing to veto tax cuts, decision that results in the injury to to a political party for soft money, and President Clinton is no longer rejecting one of their subscribers that they are then the party takes the money and badly needed tax relief, he is working responsible for that, just like any in- spends it so as to help a candidate. You his back on the hard-working Amer- surer in the individual market today would not know the difference between ican families. already is. the kind of ads they run, and a can- f f didate’s own ads. The other loophole concerns ads that A VOTE FOR SHAYS-MEEHAN IS A REAL REFORM VERSUS SHOW ME are supposedly on public issues, but VOTE FOR A STRONGER DEMOC- THE MONEY turn out to be nothing but campaign RACY (Mr. CROWLEY asked and was given ads. They escape the law because they (Ms. DELAURO asked and was given permission to address the House for 1 do not use the magic words, ‘‘vote for’’ permission to address the House for 1 minute and to revise and extend his re- or ‘‘vote against.’’ minute and to revise and extend her re- marks.) That is what Shays-Meehan does, it marks.) Mr. CROWLEY. Mr. Speaker, nine plugs two loopholes. I wish we could do Ms. DELAURO. Mr. Speaker, when out of 10 Americans support campaign more, but it is a great start; and I con- the founders created our democracy, finance reform; nine out of 10. clude by complimenting Speaker they did not foresee soft money. They The simple fact is that the cost of HASTERT once again for keeping his did not anticipate PACs, they did not running for federal office today is so word and giving us the chance to vote know phrases like ‘‘lobbyists,’’ ‘‘fund great that candidates are forced to de- on this today. raiser’’ and ‘‘issue ad.’’ They did not vote far too much time and effort to f know they would become part of our fund-raising, rather than dealing with political vocabulary. But what our the issues of importance to their con- A UNITED FRONT BRINGS REFORM forefathers did know was that the stituents. We can eliminate soft money (Mr. KIND asked and was given per- strength of our democracy would rest entirely, rid our society of the pollu- mission to address the House for 1 upon the courage of its inheritors. tion caused by sham issue ads, and in- minute and to revise and extend his re- Today that courage is being tested. Mr. crease public disclosure of who is pay- marks.) Speaker, today we are looking for men ing for what. It is real reform versus Mr. KIND. Mr. Speaker, like the pre- and women of mettle to pass meaning- show me the money. vious speaker, I too want to com- ful campaign finance reform. This is the crux of the argument pliment the Speaker for giving us this Campaign finance reform presents a today as the House will undertake the opportunity to debate what I feel is the very clear choice. Those who vote in serious debate of reforming our system most important issue that we are going H8158 CONGRESSIONAL RECORD — HOUSE September 14, 1999 to bring up in this session of Congress, b 1030 AMENDMENTS AND SUBSTITUTES and that is the debate and the votes on TO THE SHAYS-MEEHAN BILL meaningful campaign finance reform in EAST TIMOR CRISIS WOULD WEAKEN CAMPAIGN FI- order to return some credibility to our NANCE REFORM (Ms. MCKINNEY asked and was given political process. (Ms. SLAUGHTER asked and was permission to address the House for 1 When I was first elected in 1996, the given permission to address the House minute and to revise and extend her re- shortcomings of our current system be- for 1 minute and to revise and extend marks.) came obvious to me. The tidal wave of her remarks.) money washing around during an elec- Ms. MCKINNEY. Mr. Speaker, it is Ms. SLAUGHTER. Mr. Speaker, al- tion does not elevate political discord Rwanda all over again. Thousands of most every year since I have been in and contribute to the debate of ideas. people are being murdered in East the House we have struggled to try to It simply drowns out the voices of Timor while the international commu- pass meaningful campaign finance re- those who cannot afford to buy into the nity dawdles. I applaud the Australian form, and this year is no different. process. The big soft money contribu- government for volunteering its forces Ten poison pill amendments and sub- tions contribute to the perception that to peacekeeping efforts long before our stitutes have been introduced that are special interests have too much influ- own country recognized the need for designed to weaken the Shays-Meehan ence in the political process. And that action. bill. This bill is necessary to cut off the perception is correct. In a brutal takeover of East Timor flow of unlimited and often undisclosed over 20 years ago sanctioned by the money into the Federal election sys- So here we are once again, attempt- United States, the people of East tem. ing to right the wrongs of our current Timor have been subjected to an ethnic Specifically, the bill closes two pri- system. Drawing from the lessons from cleansing of one-third of the entire in- mary loopholes through which this the previous session of Congress, the digenous population. All the while the money flows into Federal campaigns, best chance we have for reform is rep- U.S. and Australian Armed Forces pro- soft money and sham issue ads. All of resented by the Shays-Meehan bill. vided training to the very units that us have received letters and phone calls With a united front in the House, we are on the rampage right now. Yet from constituents who care about this can send a clear message to the Senate again, the U.S. Government has blood issue and want this system cleaned up. today that the time for reform is now. on its hands. One of my constituents stated that as long as the fox has full access to the The citizens of western Wisconsin We apologize for Rwanda after let- have told me that our democracy be- henhouse, he has no plans to repair the ting 1 million innocents die. We apolo- hole. So it goes with politicians, he longs to the people, not to the large gize for Guatemala after condoning the money special interests. They do not said. He believes the only way cam- brutal murders of even U.S. citizens. paign finance reform would happen expect us to take no for an answer on When will we apologize for East Timor, this important issue of reforming the would be to take it out of our hands. when it is too late? Let us prove him wrong. Congress political process. I encourage my col- Mr. Speaker, the time to act is now. leagues to support Shays-Meehan needs to close these loopholes now to The administration should stop daw- stop the corruption of elections into today and to oppose the ‘‘poison-pill’’ dling and start packing to save the amendments and substitutes. the 21st century and to restore Ameri- lives of the innocent East Timor peo- cans’ faith in their government. Vote ple. What is taking this administration f yes on Shays-Meehan and no on the so long to get it right? poison pill amendments. f TIME FOR ACCOUNTABILITY FOR f INTERNATIONAL MONETARY FUND TIME TO PASS THE SHAYS- MEEHAN BILL CAMPAIGN FINANCE REFORM (Mr. ROYCE asked and was given per- (Ms. LEE asked and was given per- mission to address the House for 1 (Ms. BERKLEY asked and was given mission to address the House for 1 minute.) permission to address the House for 1 minute and to revise and extend her re- Mr. ROYCE. Mr. Speaker, in the last minute and to revise and extend her re- marks.) Congress, this body at the urging of the marks.) Ms. LEE. Mr. Speaker, I rise to speak administration approved $18 billion in Ms. BERKLEY. Mr. Speaker, I rise in support of Shays-Meehan. This is new payments to the International today in support of meaningful cam- one of the most important bills that Monetary Fund. At that time, some of paign finance reform and passage of the this House will consider and I hope us called for reforms to this flawed in- Shays-Meehan campaign finance re- pass. The Nation is watching today. In- stitution, reforms that would have re- form bill. This Congress must act to re- dividuals as well as the faith commu- quired real transparency and would store public confidence and participa- nity, the League of Women Voters, have provided greater accountability tion in our electoral system. Common Cause, and a host of others in for the IMF. But at that time, the ad- Today the House finally takes up this my district and nationwide are com- ministration’s position was that it was important debate. I urge my colleagues mitted to good, honest government, not the time to institute reforms, that to support Shays-Meehan in its current government where ordinary citizens it was critical to send the money first, form. The American public deserves a could have a chance, through their par- they said, reform it later. debate on meaningful reform, not a ticipation in the political process, to So that is what Congress did, not weak substitute disguised as reform. If have a voice and not be drowned out by with my vote; but that is what Con- we are to maintain public trust in our the millions of dollars now available for only the rich. gress did. Congress sent a check for $18 political process, we have a duty and We have had laws since 1907 and 1947 billion, only to find out last month an obligation to address this issue. that forbid soft money from flowing that billions of dollars in IMF loans to Let us ban soft money and stop the into campaigns. However, the loopholes Russia, the fund’s largest borrower attack ads disguised as issue advocacy have been great and we need to close over the last 7 years, likely was di- soft money pays for. Let us strengthen them. The Shays-Meehan bill closes verted and laundered through U.S. and the Federal Election Commission and the loopholes by blocking the present other Western banks. give it the teeth it needs to enforce flow of unlimited soft money and un- The IMF states that they have no campaign finance laws. regulated contributions to the political evidence that their money is involved The American people are tired of parties. Shays-Meehan, our bipartisan and that they are investigating. Well, politicians who talk about reform but bill, also blocks last-minute campaign it is time that this Congress conducts do nothing to enact it. Let us show our ads that masquerade as issue ads. its own investigation and holds the constituents that this time we mean it. The Nation is watching. Our con- IMF accountable. Its largest donors, Let us pass this important piece of leg- stituents are watching. It is time to the U.S. taxpayers, deserve no less. islation. pass the Shays-Meehan bill. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8159 AMERICA NEEDS TO INVEST IN THE JOURNAL Lewis (KY) Pascrell Smith (MI) ITS DEFENSE SYSTEMS Linder Pastor Smith (NJ) The SPEAKER pro tempore (Mr. MIL- Lipinski Paul Smith (TX) (Mr. CUNNINGHAM asked and was LER of Florida). Pursuant to clause 8 of Lofgren Payne Smith (WA) Lowey Pease Snyder given permission to address the House rule XX, the pending business is the Lucas (KY) Pelosi Souder for 1 minute and to revise and extend question of agreeing to the Speaker’s Lucas (OK) Peterson (MN) Spratt his remarks.) approval of the Journal of the last Luther Peterson (PA) Stabenow Mr. CUNNINGHAM. Mr. Speaker, our day’s proceedings. Maloney (CT) Petri Stark Maloney (NY) Phelps Stearns military cannot fight one MRC, that is The question is on the Speaker’s ap- Manzullo Pickering Stenholm regional conflict, today. General Ryan proval of the Journal. Martinez Pitts Strickland shut down the Air Force that put 1 Mascara Pombo Stump The question was taken; and the Matsui Pomeroy Sununu year of life on every aircraft from Speaker pro tempore announced that McCarthy (MO) Portman Sweeney Kosovo. the ayes appeared to have it. McCarthy (NY) Price (NC) Talent Last week the press reported that the Mr. GREEN of Texas. Mr. Speaker, I McCollum Quinn Tancredo services are being hit with a $5 billion McCrery Radanovich Tanner object to the vote on the ground that a McHugh Rahall Tauscher tax, due to a sudden loss of defense quorum is not present and make the McInnis Regula Tauzin budget. We stood in the well on this point of order that a quorum is not McIntyre Reyes Terry McKeon Reynolds Thomas floor and said that the President’s present. budget was gimmicks. McKinney Rivers Thornberry The SPEAKER pro tempore. Evi- McNulty Rodriguez Thune He said that inflation would stay the dently a quorum is not present. Meek (FL) Roemer Thurman same over the next 10 years, and so Meeks (NY) Rogers Tiahrt The Sergeant at Arms will notify ab- would fuel prices. They have gone up. Menendez Rohrabacher Tierney sent Members. Metcalf Rothman Toomey Those prices cut $5 billion out of our The vote was taken by electronic de- Mica Roukema Towns defense system. The President knew it Millender- Roybal-Allard Traficant vice, and there were—yeas 360, nays 41, when he did it and he still did it, and McDonald Royce Turner answered ‘‘present’’ 1, not voting 31, as Miller (FL) Rush Udall (CO) when the Joint Chiefs said they needed follows: Miller, Gary Ryan (WI) Upton $150 billion just to come up to fight two Miller, George Ryun (KS) Velazquez conflicts at the same time, the Presi- [Roll No. 408] Minge Salmon Vento dent said, I will give you a $1 billion YEAS—360 Mink Sanchez Vitter Moakley Sanders Walden offset, which means a net zero. Abercrombie Cook Granger Mollohan Sandlin Walsh We need to invest in our defense sys- Ackerman Cooksey Green (TX) Moore Sanford Wamp tems and provide for our men and Allen Cox Green (WI) Moran (VA) Sawyer Watkins Andrews Coyne Greenwood Morella Saxton Watt (NC) women the training and assets when we Armey Cramer Hall (OH) Murtha Scarborough Watts (OK) ask them to go into conflict. Bachus Crowley Hall (TX) Myrick Schakowsky Waxman Baker Cubin Hansen f Nadler Scott Weiner Baldacci Cummings Hastings (WA) Napolitano Sensenbrenner Weldon (FL) Baldwin Cunningham Hayes Neal Sessions Weldon (PA) NO RETURN TO ANNUAL DEFICITS Ballenger Danner Hayworth Nethercutt Shadegg Wexler (Mr. GREEN of Texas asked and was Barr Davis (FL) Herger Ney Shays Weygand Barrett (NE) Davis (IL) Hill (IN) Northup Sherman Whitfield given permission to address the House Barrett (WI) Davis (VA) Hilleary Norwood Sherwood Wicker for 1 minute and to revise and extend Bartlett Deal Hinojosa Nussle Shimkus Wilson his remarks.) Barton DeGette Hobson Olver Shows Wise Bass Delahunt Hoeffel Mr. GREEN of Texas. Mr. Speaker, Ortiz Shuster Wolf Bateman DeLauro Hoekstra Ose Simpson Woolsey just before Congress recessed for the Becerra DeLay Holden Owens Sisisky Wu August break, the majority Repub- Bentsen DeMint Holt Oxley Skeen Wynn licans passed the so-called Financial Bereuter Deutsch Hooley Packard Skelton Young (FL) Berkley Diaz-Balart Horn Pallone Slaughter Freedom Act. I think a more appro- Berman Dickey Hostettler priate name for the GOP tax plan Berry Dicks Houghton NAYS—41 should be ‘‘A Return to the Massive Biggert Dingell Hoyer Aderholt Gutknecht Rangel Bilirakis Dooley Hulshof Annual Debt,’’ or maybe ‘‘The Medi- Baird Hefley Riley Bishop Doolittle Hyde Bilbray Hill (MT) Rogan care Elimination Act.’’ Blagojevich Doyle Inslee Borski Hilliard Sabo I think the size of the GOP bill high- Bliley Duncan Isakson Clay Hutchinson Schaffer lights the willingness to neglect the fi- Blumenauer Dunn Istook Clyburn Kucinich Stupak Blunt Edwards Jackson (IL) Costello LoBiondo Taylor (MS) nancial security of our Nation. Both Boehlert Ehlers Jackson-Lee Crane Markey Thompson (CA) Democrats and Republicans want tax Boehner Ehrlich (TX) DeFazio McDermott Thompson (MS) cuts. The difference between the two Bonilla Emerson Jenkins Doggett McGovern Udall (NM) Bono Engel John parties is the Democrats want to make Filner Moran (KS) Visclosky Boswell Eshoo Johnson (CT) Gephardt Oberstar Waters sure we save social security and mod- Boucher Etheridge Johnson, E. B. Gibbons Pickett Weller ernize Medicare, including a prescrip- Boyd Evans Johnson, Sam Gutierrez Ramstad Brady (PA) Everett Jones (NC) tion benefit for our senior citizens, at Brady (TX) Ewing Kanjorski ANSWERED ‘‘PRESENT’’—1 the same time trying to buy down our Brown (OH) Farr Kasich Carson national debt, and, to follow my col- Bryant Fletcher Kelly league, the gentleman from California, Burr Foley Kennedy NOT VOTING—31 Buyer Forbes Kildee to make sure we modernize our mili- Archer Hastings (FL) Obey Callahan Ford Kilpatrick Barcia Hinchey Porter tary without adding to the national Calvert Fowler Kind (WI) Bonior Hunter Pryce (OH) debt. Camp Frank (MA) King (NY) Brown (FL) Jefferson Ros-Lehtinen Campbell Franks (NJ) Kleczka Burton Jones (OH) Serrano The Republican plan is a financial ir- Canady Frelinghuysen Klink responsible scheme which would lead to Clement Kaptur Shaw Cannon Frost Knollenberg Dixon Kingston Spence higher taxes in the future, slow down Capps Gallegly Kolbe Dreier Largent Taylor (NC) our economy, and force huge deficits Capuano Ganske Kuykendall English Leach Young (AK) Cardin Gejdenson LaFalce and massive tax increases on our chil- Fattah McIntosh Castle Gekas LaHood Fossella Meehan dren and grandchildren. Chabot Gilchrest Lampson The American people know that the Chambliss Gillmor Lantos b 1058 Chenoweth Gilman Larson failure to address these issues today Clayton Gonzalez Latham Mr. HALL of Texas and Mr. LAZIO will only make the problems greater Coble Goode LaTourette changed their vote from ‘‘nay’’ to for the future. Whether we are talking Coburn Goodlatte Lazio ‘‘yea’’. about Medicare, social security, de- Collins Goodling Lee So the Journal was approved. Combest Gordon Levin fense, let us not add to our national Condit Goss Lewis (CA) The result of the vote was announced debt. Conyers Graham Lewis (GA) as above recorded. H8160 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Stated for: spends about $50 million a year on Congress on record as sending a signal Mrs. JONES of Ohio. Mr. Speaker, on roll- independent national military edu- to the Indonesian military that their call No. 408, I was unavoidably detained. Had cation and training. That is called behavior has been unacceptable. It also I been present, I would have voted ``yes.'' IMET program. will send a signal to our own military f The program provides a wide range of that the suspension of the military-to- training to over 125 countries around military contact program should re- APPOINTMENT OF CONFEREES ON the world. The training ranges from main in effect indefinitely. H.R. 2606, FOREIGN OPERATIONS, sending foreign officers to some of our I again want to repeat that I would EXPORT FINANCING, AND RE- many military schools for extended pe- prefer to go further in my motion LATED PROGRAMS APPROPRIA- riods to training in basic military tac- today. I believe that all assistance pro- TIONS ACT, 2000 tics and techniques. grams for Indonesia should be seriously Mr. CALLAHAN. Mr. Speaker, I ask In the past 10 years, with the changes reviewed. Disbursements to Indonesia unanimous consent to take from the in the world, Congress has insisted that under the structural adjustment pro- Speaker’s table the bill (H.R. 2606) the new programs be developed and gram to the IMF should be halted, and making appropriations for foreign op- carried out which deal with civil mili- the international bank loans that go erations, export financing, and related tary relations and human rights aware- directly to the government should be programs for the fiscal year ending ness. These programs are called Ex- suspended. These measures are nec- September 30, 2000, and for other pur- panded IMET and now take place in essary to demonstrate to the Indo- poses, with a Senate amendment there- many countries with difficult prob- nesian Government that we will not to, disagree to the Senate amendment, lems, like Guatemala, El Salvador, and tolerate the undermining of democracy and agree to the conference asked by Indonesia. Indonesia receives $550,000 in East Timor. the Senate. worth of IMET training in 1999 and Others of my colleagues have mo- The SPEAKER pro tempore (Mr. 400,000 has been requested for 2000. tions to this effect, and I hope that HASTINGS of Washington). Is there ob- The purpose of my motion here today they will come to the floor soon. If it jection to the request of the gentleman is to insist that the restrictions on the had been possible from a parliamentary from Alabama? limited Expanded IMET only stay in standpoint, we would have included There was no objection. place for the year 2000, FY 2000. As I many of those initiatives in this mo- MOTION TO INSTRUCT OFFERED BY MS. PELOSI said, I would prefer to cut all IMET to tion to instruct. But staying with what Ms. PELOSI. Mr. Speaker, I offer a Indonesia, especially made clear by the is within the scope of the two bills, I motion to instruct. recent events there. However, this is urge my colleagues to vote to support The SPEAKER pro tempore. The not within the scope of the two bills, as the motion to instruct conferees on Clerk will report the motion. I mentioned, as currently drafted. this motion. The Clerk read as follows: In fact, the President has suspended Mr. Speaker, I reserve the balance of Ms. PELOSI moves that the managers on all military training and military-to- my time. the part of the House at the conference on military contacts for the time being. Mr. CALLAHAN. Mr. Speaker, I yield the disagreeing votes of the two Houses on the bill H.R. 2606 making appropriations for Ensuring that Expanded IMET restric- myself such time as I may consume. Foreign Operations, Export Financing, and tions stay in place for all of FY 2000 Mr. Speaker, I do not oppose the mo- Related Programs for the fiscal year 2000 be will make that limitation a matter of tion offered by the gentlewoman from instructed to insist on the provisions of the law. California (Ms. PELOSI). I think that House bill with respect to Indonesia limiting I believe it is important to send a she echoes what we did here in the International Military Education and Train- strong signal to the Indonesian Gov- House, and that was to limit the IMET ing to ‘‘expanded military education and ernment at this time, despite the ap- training in Indonesia to expanded mili- training only’’. parent progress on allowing a United tary education and training only. This b 1100 Nations peacekeeping force into East is exactly the reason and the purpose The SPEAKER pro tempore (Mr. Timor. The horrifying events of the for the Expanded Military Education HASTINGS of Washington). Pursuant to past week have shocked the world. and Training program, which is to the rule, the gentlewoman from Cali- They have indeed challenged the con- teach military leaders and military fornia (Ms. PELOSI) and the gentleman science of the world. We know that people in foreign countries something from Alabama (Mr. CALLAHAN) each thousands of people have been killed. about human rights, to educate them will control 30 minutes. The systematic nature of this mayhem with the ability to work with a civilian The Chair recognizes the gentle- where young men, Catholic priests and government. If Indonesia ever needed woman from California (Ms. PELOSI). nuns, and U.N. workers were in fact this assistance, it is now. Ms. PELOSI. Mr. Speaker, I yield targeted by the militias speaks vol- So I intend to support the motion of myself such time as I may consume. umes about the depths of this problem. the gentlewoman to instruct to insist Mr. Speaker, it is 11 o’clock a.m. in I am indeed grateful that order seems the Senate keep the language that we Washington, D.C. It is nighttime in to have been restored in East Timor, inserted in the House in our bill. East Timor; and families there and but at what cost and how many lives Mr. SMITH of New Jersey. Mr. those who have been evacuated from already lost? The terms of reference for Speaker, will the gentleman yield? East Timor are living with the suf- the U.N. peacekeeping force are still Mr. CALLAHAN. I yield to the gen- fering of the past week and longer, under negotiation, as is the timing of tleman from New Jersey. much of it perpetrated by the Indo- their deployment. The Indonesian mili- Mr. SMITH of New Jersey. Mr. nesian military cooperating with the tary is sending mixed signals about Speaker, I thank my good friend for militias in Dili and the rest of East their willingness to cooperate with the yielding. Timor. U.N., and we need to keep the pressure Mr. Speaker, I rise in strong support The motion to instruct conferees I on. of the motion to instruct conferees and have offered today moves that the The people of East Timor chose inde- just remind Members that I have held House insist on its position restricting pendence and democracy, and the con- hearings in my subcommittee on the military training to Indonesia to ex- sequences have been dire for them. In- U.S. cooperation with the Indonesian panded IMET only. The Senate bill stead of a democratic spirit prevailing military and I find it appalling that we contains no such restriction. there, violence reigns. No one can say have been training, especially through Were it within the scope of my mo- with certainty to what degree the Indo- the JCET program, many of the people, tion to instruct to cut off all military nesian military was culpable, but it is including those who are part of training to the Indonesian military, I increasingly clear that either the mili- Kopassus, which is an infamous bri- would do so. But the constraints of the tary was involved directly in militia gade, it is the Red Berets, it is their so- parliamentarian are such on my mo- activity in East Timor or they failed to called elite, many of whom have been tion that I cannot. confront it. charged with very serious human Just as a matter of explanation, Mr. Keeping the restrictions on Expanded rights violations, including the use of Speaker, the Department of Defense IMET for Indonesia will at least put torture. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8161 We had Pius Lustrilanang, one of keepers but needs more time to discuss traveled to Suai and Maliana. I spent a those who was tortured by the Indo- the details. As Habibie hedges and day with the parish priests in Suai, Fa- nesian military, appear at one of our delays, East Timor has run out of time. ther Hilario Madeira and Father Fran- hearings, and he gave riveting testi- As Indonesia turns a blind eye, those cisco Soares. I met with U.N. workers mony of the daily beatings that he en- who advocated a peaceful and demo- in Maliana. In Dili, I had dinner with dured at the hands of those people. cratic transition to independence vio- Catholic Bishop Carlos Belo. Where we come in, or where the lently perish. Every one of these people told me of United States I think has made a very Until the terror ceases, the United their faith in the U.N. process, their serious error, is that we have trained States and international financial in- commitment to vote, and their fears in sniper training, urban guerilla war- stitutions should continue the morato- about violent retaliation following the fare, and other kinds of assistance to rium on aid to Indonesia. Until an vote. Those fears have now been real- the very people in Kopassus and in international peacekeeping force re- ized. other elements of the Indonesian mili- claims East Timor and the Indonesian Father Hilario and Father Francisco tary. And I asked our U.S. officials military leaves, not one iota of mili- were murdered, shot down in their both in Jakarta, as well as at our hear- tary assistance should be sent to Indo- church as they tried to protect the peo- ings, did we keep track of those we nesia, not one Indonesian soldier ple inside. Forty-five of the U.N work- trained. There is no list of those that should be trained by U.S. military per- ers in Maliana were massacred. The we have trained. sonnel, not one dollar should prop up home of Bishop Belo has been burned Now there are several of those mem- those responsible for this massacre. to the ground. Thousands have been bers who are under indictment. General Let us make clear that we are dis- killed or forcibly removed, their fates Prabowo, who was the leader of gusted by Indonesia’s utter disrespect unknown. Kopassus, has been sacked. But there for the tenets of democracy and the Dili has been destroyed, burnt to the are still very strong remnants of that sanctity of human life. We have a re- ground, emptied of its people. And still kind of abusing authority still in place. sponsibility to our partners in democ- the Government of Indonesia delays We are seeing them now operate with racy in East Timor to be the loudest the deployment of international peace- impunity in East Timor. voice, the strongest voice in support of keepers. Mr. CALLAHAN. Mr. Speaker, I re- their courageous step towards inde- All of us in the international commu- serve the balance of my time. pendence. Let us not stand by as East nity have broken faith with the people Ms. PELOSI. Mr. Speaker, I am very Timor is destroyed and its people ban- of East Timor. They trusted us to pro- pleased to yield 4 minutes to the very ished and murdered. As we have tect them as they bravely voted for distinguished gentlewoman from New learned from history, the price of inac- freedom. We must not fail them again. York (Mrs. LOWEY) who has fought this tion is far too great. I urge my colleagues to support the fight over the years for the people of Ms. PELOSI. Mr. Speaker, I am motion to instruct conferees. East Timor. pleased to yield 3 minutes to the gen- I thank the gentlewoman from Cali- Mrs. LOWEY. Mr. Speaker, I thank tleman from Massachusetts (Mr. fornia (Ms. PELOSI) for her motion. the gentlewoman for yielding me the MCGOVERN) who has just returned from b 1115 time. East Timor. Mr. Speaker, I rise in support of this Mr. MCGOVERN. Mr. Speaker, I rise Ms. PELOSI. Mr. Speaker, earlier I motion and urge all of my colleagues in support of the motion to instruct mentioned other initiatives in Con- to do the right thing for the coura- conferees. gress, one of them being advanced by geous people of East Timor. It is absolutely critical that U.S. and the gentleman from Texas (Mr. BENT- I am outraged at the current events international pressure be maintained SEN), a leader on this issue. I yield 2 in East Timor, whose people exercised and increased on the Government of In- minutes to the gentleman from Texas their right to self-determination two donesia and the Indonesian military. (Mr. BENTSEN). weeks ago. Although the threats and Instructing the conferees on the for- (Mr. BENTSEN asked and was given intimidation of anti-independence eign aid bill to retain the House re- permission to revise and extend his re- groups ominously hung over their strictions on IMET and expand the marks.) heads, nearly all eligible East Timor- IMET is one modest but concrete ac- Mr. BENTSEN. Mr. Speaker, I thank ese voted for the referendum, with an tion this House can take. the gentlewoman for yielding me this overwhelming majority choosing inde- The U.S. has provided an estimated time and also commend her for offering pendence from Indonesia over auton- $148 million in weapons, ammunition, this motion to instruct. Like her, I omy within it. spare parts, and technical support to wish that it would go a little bit fur- What should be a time of celebration Indonesia since 1993. However, Indo- ther. I as well as the gentlewoman for the East Timorese is instead a time nesia and the U.S. have continued to from California and some others have of great terror. Anti-independence mi- maintain military training and officer introduced a bill that would direct rep- litia groups continue today to burn exchange programs. resentatives to both the IMF and the houses, places of worship, loot busi- Those programs, costing about a half World Bank to use their voice and vote nesses and private homes, and brutally a million dollars per year, are now fro- to oppose any additional funding under murder innocent civilians. zen as a result of the suspension of the IMF–G7 credit facility that was im- The U.N. Security Council delegation military relations announced last week plemented last year to Indonesia until sent to Indonesia has cited strong evi- by President Clinton. such time as the President can certify dence that the Indonesian military and Eighteen Indonesian military officers to the Congress that the situation has police are complicit in this rampage. currently are studying at U.S. military been peacefully resolved. The chief U.N. human rights official facilities as part of the IMET program. There are a number of us on the floor has said that there are enough wit- Eleven are in a training program at the today who in the last year worked very nesses of the militias’ heinous acts Center for Military Relations in Mon- hard for adding capital to the IMF to that a war crimes tribunal will likely terey, California. Six are studying help follow through with this program be convened. English. And one officer is at an Amer- to help Indonesia, to help Thailand, to East Timorese refugees, still fright- ican war college. help South Korea, because we believed ened for their lives, tell of planned, This House has taken the lead in re- it was in the best interest of the United systematic massacres of young men stricting IMET funding to Indonesia States that we contain the Asian cur- and clergy. because of the brutal human rights rency crisis because of what a large ex- We are witnessing a catastrophic vio- records of its military. Today, more port market it is for us. I find myself lation of human rights. Initially Presi- than ever, those restrictions must be very frustrated by the fact that Indo- dent Habibie resisted international extended and expanded. nesia has continually failed to follow peacekeepers, insisting that the mili- Mr. Speaker, I was in East Timor at up to the requirements that the Con- tary could bring order to East Timor. the end of August, just nine days be- gress put in, the requirements that the Now Indonesia has agreed to the peace- fore the referendum on independence. I IMF and the World Bank have called H8162 CONGRESSIONAL RECORD — HOUSE September 14, 1999 for, and I think the situation in East that we adhere to similar language in breaking Roger Maris’ single season Timor is the proverbial stick that that was already included in the For- home run record because they would broke the camel’s back. The fact is, eign Operations bill that my colleagues have 30 extra days to do it. That would this is not a credit that the United in that subcommittee so critically in- bring millions of additional fans into States taxpayers should want to under- cluded. Again, we tried to persuade In- the Nation’s ballparks, and we would write so long as the government and donesia with words, but words were not have millions more to add to the eco- the military are willing to persecute enough. The situation is critical. There nomic strength of baseball and to the the people of East Timor. And while we is no time to wait. The lives of thou- economy in general. have had progress made over the week- sands are in the balance. We need to Seventh, it would make all taxpayers end with the tacit inviting of a U.N. act. We need to act now. We need to happy by delaying tax filing deadlines peacekeeping force, the fact is the de- pass this motion and pass it over- by 1 month. tails have not been worked out and the whelmingly and send a message to the Eighth, it could give Republicans 1 killing still goes on. Newspapers today Indonesian government that we will extra month to complete their budget, report that the militias are being not abide by the way they are treating although at the rate they are going, housed just across the border. So I the East Timorese people. that probably would not make any dif- think this issue is far from being re- Ms. PELOSI. I thank the gentleman ference. solved. for his fine statement. Ninth, it could delay the Y2K prob- I think it is incumbent upon the Con- Mr. Speaker, I am pleased to yield 5 lem by 1 month if the month is in- gress, including those of us who be- minutes to the gentleman from Wis- serted before January. And, tenth, it could prove that the lieved that U.S. involvement through consin (Mr. OBEY), the very distin- Middle Age critics of Galileo were cor- the IMF–G7 package was the right guished ranking member of the full rect when they denied his theory that thing to do, to now put pressure on the Committee on Appropriations who the earth circled the sun once every 12 Indonesian government through this fought this fight long before many of months. They could thus join the Kan- motion and motions such as those that us were even in Congress or on this sas school board in helping turn back I have introduced in order to restore committee. the clock. Mr. OBEY. Mr. Speaker, I strongly some sanity and peace to East Timor I would urge that we support the Re- and to get the Indonesian government support this motion and will vote for publican leadership’s proposal. It is the back on the right track. Otherwise, I it, but I want to take this time to dis- way out of this mess for everyone. And think the United States should want to cuss my broader concerns about the while we are considering that proposal, have nothing to do with this govern- budget crisis that we face. I hope we get serious and in fact pass ment. I believe that we should be in- As Members know, yesterday the Re- the motion to instruct that the gentle- volved in world affairs and should be publican leadership indicated they woman is proposing on the East Timor involved in the affairs over there, but wanted to solve the problem of our question today. It is a serious issue. We we should not be involved in such ac- budget caps by providing for a 13- should not be providing military aid to tions as are taking place today. month fiscal year. I want to say today Indonesia under these circumstances. I thank the gentlewoman for offering that I enthusiastically support that I thank the gentlewoman for yielding her motion and ask my colleagues to plan and I urge that the new month be me the time. support it. named ‘‘Orwellian.’’ The reason I say Ms. PELOSI. Mr. Speaker, I am Ms. PELOSI. I thank the gentleman that is because George Orwell in his fa- pleased to yield 2 minutes to the gen- for his very fine statement. mous novel ‘‘1984’’ began that novel tleman from Massachusetts (Mr. Mr. Speaker, I am pleased to yield 2 with the words, ‘‘It was a bright cold FRANK), another champion of democ- minutes to the gentleman from Rhode day in April and the clocks were strik- racy. It is no coincidence that Massa- Island (Mr. KENNEDY) who has been a ing 13.’’ chusetts comes to this debate so strong champion on this issue in his service in I think there are 10 advantages of a with their commitment to promoting the Congress and before. 13-month year as the Republican lead- democratic values throughout the Mr. KENNEDY of Rhode Island. Mr. ership is suggesting. world. Speaker, I thank the gentlewoman First of all, everyone could take 8 Mr. FRANK of Massachusetts. Mr. from California for yielding me this percent off their age. Adding 1 month Speaker, I thank the gentlewoman for time and I want to commend her for to the year reduces the number of yielding me this time. the great work she has always done years we have lived by 8 percent. That commitment is reinforced by using her position in the committee to Second, we could bring back Ronald the really quite admirable passion that follow this issue closely. Reagan as President. By making this Portuguese Americans feel as a sense In 1996, I traveled to East Timor. I retroactive, we could arrange it so that of responsibility towards East Timor went to Dili, and I saw the spot where it is 1984 all over again, which is what which had been a Portuguese colony hundreds lost their lives in the famous the Republicans have been trying to do and it is that which helps energize my- Santa Cruz cemetery massacre. Unfor- for years. That would be appropriate, self and my colleagues from Massachu- tunately, the tragedy of that massacre because it was with the Reagan budg- setts and Rhode Island. is occurring again today as we speak. ets that the deficit first exploded and Two points. First, the Indonesian In 1996, I met with Nobel peace lau- put us where it is today. government should understand what a reate Bishop Belo in his home. Now Third, it could add 30 more shopping terrible price they are paying for this that home has been burned down, de- days till Christmas. That would add massacre. I offered an amendment to stroyed, by paramilitaries that are immeasurably to economic growth, al- this bill in 1996 to cut IMET. I lost on rampant in the region. Even nuns and though it could cause the economy to the floor, because Members were not priests and other religious leaders have overheat which might cause Alan predisposed to be critical of Indonesia. been killed over the past week. It is Greenspan to raise interest rates. Members felt Indonesia was a poten- time that we end this violence and Fourth, it could give every child in tially valuable friend and ally. I do not take a real stand. The people of East America 1 month more of summer va- criticize Members for changing their Timor took a courageous stand them- cation. That could add to economic position. Events have changed. No one, selves just a few weeks ago when they growth in the tourist and resort indus- I think, could have foreseen quite as voted for independence. We owe them, tries as people have more time to trav- much brutality as we have seen. Some these people desperate for freedom and el. of us were pessimistic, but the Indo- democracy, a chance for peace. Fifth, as an alternative we could add nesians managed to exceed even our Last week, I introduced legislation to 1 month to the work year. That could worst fears. So what they are going to show further support for the Timorese add to worker productivity and raise see when they compare the vote of 1996 that calls for the suspension of finan- economic growth that way. to what I hope will be an overwhelming cial and military assistance to Indo- Sixth, it would help at least two vote today is the price they have paid nesia and a call for peacekeeping more major league baseball players to for this butchery, and they should un- troops. Today’s motion will ensure join Mark McGwire and Sammy Sosa derstand that what we are saying is, September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8163 they are on a very tenuous probation. I know I speak for every Member in the selves that somehow the continuation No one is writing them off the face of Chamber in wishing him a very happy of expanded IMET, of IMET training to the earth, but the heavy burden now is birthday. these forces, is bringing about democ- on the people and government of Indo- Mr. Speaker, I am pleased to yield 2 racy. It is bringing about a holocaust nesia to show that they understand minutes to the distinguished gen- of people in East Timor. how terribly they have misbehaved and tleman from California (Mr. GEORGE Ms. PELOSI. Mr. Speaker, I thank for them to undo this. MILLER), a champion for democracy all the distinguished gentleman for his ex- Secondly, will the military please, over the world. cellent statement. the U.S. military, now stop telling us (Mr. GEORGE MILLER of California Mr. Speaker, I yield 1 minute to the how these training programs inculcate asked and was given permission to re- gentleman from Ohio (Mr. HALL), real- respect for human rights. If the mili- vise and extend his remarks.) ly the conscience of this Congress. tary has geostrategic reasons for want- Mr. GEORGE MILLER of California. Mr. HALL of Ohio. Mr. Speaker, I ing alliances with other militaries, Mr. Speaker, I want to thank the gen- thank the gentlewoman for her great then let us be honest about it. But the tlewoman, my colleague from Cali- work, and I just appreciate the chance argument they give us that when they fornia, for bringing this motion to the to stand up in support of this motion. have relations with brutal and repres- floor. She has championed human I have been involved with this issue sive regimes, they are doing it to civ- rights all over the world. I am de- on East Timor since 1980. I remember ilize the military of those regimes, lighted that she has given us this op- when I was first on the Committee on they are doing it to turn the military portunity to speak out against the Foreign Affairs and we took up the of those regimes into relative Peace atrocities and the brutality that has issue of East Timor, had hearings on it; Corps, they do not tell the truth. Indo- taken place in East Timor. and it is time that we speak together nesia was one of their best examples of Year after year, we are told by the as a Congress and a government. We how by this relationship they were en- military of this country that they are have not been together on this issue for couraging a more civilized military, engaged in training programs with the all of these years. I think this is the and no military in recent history has military of other countries that cause time. I am hoping that the Senate will behaved in a more brutal and less civ- that military establishment in those certainly adopt it. ilized fashion. countries, in this case Indonesia, to re- Mr. Speaker, the other thing I want- So I hope both of those lessons are spect human rights, to understand the ed to say is that I have read with cha- taken to heart by a very large vote in chain of command, to respect civil au- grin some of our officials and our Gov- favor of the gentlewoman’s instruction. thority and to benefit us through that ernment saying that really East Timor Ms. PELOSI. Mr. Speaker, kings of relationship. Unfortunately we now see belongs to Indonesia. The fact is that is countries, leaders of tribes and very in East Timor just one in a continu- not true. East Timor has been inde- wealthy people, when they have their ation of tragedies where this has pendent. Indonesia has been condemned birthdays, they give gifts to others. I turned out to be fiction. It could be no many times in the United Nations, understand that our distinguished further from the truth. What in fact we even by our own country relative to chairman had his birthday over the see is the involvement of those Amer- the annexation of East Timor when In- weekend and I was wondering if the ican-trained soldiers in the massacre, donesia moved in after 1975. very distinguished chairman would the slaughter and the brutality against This is an important motion, I cer- yield 10 minutes to me of his time in their own citizens. tainly support it, and I applaud the observation of his birthday for which Earlier this year, we debated the gentlewoman from California (Ms. we are all very grateful. School of the Americas where we saw PELOSI) who again has shown us what a Mr. CALLAHAN. Mr. Speaker, since this activity in South America and wonderful Congresswoman she is, and I the gentlewoman recognized my birth- today now we see it in East Timor. Let urge all Members to support this. day, I appreciate that very much, but I us understand something, that the con- Ms. PELOSI. Mr. Speaker, I yield 2 might tell her in response to what the tacts that were supposedly established minutes to the gentleman from Amer- gentleman from Wisconsin was talking in East Timor and in Indonesia because ican Samoa (Mr. FALEOMAVAEGA). He about earlier on the 13 months. When of American military training never lives closest to East Timor, and I am you reach my age, maybe it is time for came about. They never came about be- very pleased to yield to him. us to move to a 13-month year, because cause those phone calls were refused, Mr. FALEOMAVAEGA. Mr. Speaker, my next birthday would therefore be 30 those conversations were not paid at- I thank the gentlewoman for yielding days later. But if we are going to go to tention to, they were not heeded until this time to me, and I do want to thank the 13 months, I would hope that they one thing happened, until the military her for giving me this opportunity for would make it in the summer rather had taken care of business in East some comments concerning this very than the winter because I do not like Timor. And by taking care of business, important issue, and I do want to wish cold weather. So if we are going to we are talking about the burning and the gentleman from Alabama a very move in that direction, I would encour- sacking of towns and homes, the de- happy birthday. age those that will be in charge of that struction of people and the killing of Mr. Speaker, the question of East decision to make the extra month people who voted for and supported the Timor has been something that I have maybe between August and September, democracy movement, who voted for been following for many years. We have rather than between, for example, Jan- and supported a vote for freedom that held hearings, and I want to thank the uary and February. But I will be happy was offered to them by their govern- gentleman from New Jersey (Mr. to agree to the unanimous-consent re- ment. SMITH), the chairman of our Sub- quest of the gentlewoman from Cali- committee on International Operations b 1130 fornia to take 10 minutes of my time, and Human Rights, and despite all of provided we talk about the situation in They have thought it was offered in these things, now all of a sudden it East Timor and we talk about ex- good faith. It turned out when they seems that East Timor is coming to panded IMET training. I will be happy voted for freedom, they were then sign- bear. to agree to the gentlewoman’s request. ing a death warrant on themselves. We The fact of the matter is, Mr. Speak- The SPEAKER pro tempore (Mr. are told of how systematically, system- er, East Timor was a former Por- HASTINGS of Washington). Without ob- atically the military and militia with tuguese colony, and when Portugal left jection, the gentlewoman from Cali- lists of names of people who supported this colony, the Indonesian military fornia (Ms. PELOSI) will control 10 min- democracy were taken from their came and simply occupied it; and the utes of the time originally allocated to homes and killed, in some cases killed saddest affair of all, Mr. Speaker, is the the gentleman from Alabama (Mr. CAL- in their homes in front of family and fact that 200,000 East Timorese were LAHAN). the members of the family were killed. sacrificed, they were massacred, in 1974 There was no objection. This was a systematic extermination of when they took over this portion of the Ms. PELOSI. Mr. Speaker, I thank the forces of democracy in East Timor, island; and the sad part about it, too, the very distinguished gentleman, and and we have got to quit kidding our- Mr. Speaker, is that we cannot afford H8164 CONGRESSIONAL RECORD — HOUSE September 14, 1999 to talk only about East Timor and ig- So I look forward to working with our training of the Indonesian mili- nore West Papua New Guinea, because the chairman in conference under his tary. None has come forward. What has both of these were former. And while I leadership on insisting on the House come forward though is the overwhelm- say that East Timor was a former col- language when, as I anticipate, we ingly enthusiastic support by our mili- ony of Portugal, but West Papua New carry this motion to instruct today. tary of this training which I think that Guinea was a former colony of the In closing I just want to say again whether or not, and I believe that the Dutch, but the Indonesian military why it is so important. Our distin- Indonesian military was very, very in- simply came over and took over this guished colleagues who have spoken volved in the massacre that occurred in place and was never recognized by the here today have spent years toiling on East Timor, but even for a moment if international community, and it was the issue of East Timor. They are con- my colleagues say there is a question never recognized by our own country. cerned because they are champions of about that, that they did not cooperate For 24 years, Mr. Speaker, this place human rights throughout the world, with the militia. What did they do to has been trying over the years in get- and as such East Timor has been an stop this massacre? ting the attention not only of our own important issue. They have many Por- A price in humanity has been paid in Nation, but the international commu- tuguese Americans living in their dis- the last 10 days that could have been nity, and finally, finally that we do not tricts, and so, many of them have a prevented. I think that I can say with- have the Cold War any more to contend heightened awareness, specifically of out any doubt that the U.S. military with, now we are all worried about to the sad situation in East Timor. They training of Indonesian military has say that because Indonesia is the are aware of East Timor as it has been, been a failure, has been a failure. We fourth most populous country in the and as it existed since the Portuguese fail to see also the policy justification world and the country with the highest left, leaving East Timor an inde- for that military-to-military training. population as far as the Muslim reli- pendent country which was then imme- I have asked and my chairman has gion is concerned; this is all irrelevant, diately overtaken by the Indonesian very graciously agreed for our com- Mr. Speaker. The fact of the matter is military. mittee to have hearings on U.S. mili- In our foreign operations bill over that these people, this military, has tary training worldwide. We had that the years we have asked and tried to butchered these people, and it is about hearing. In advance of that hearing on persuade the Indonesian Government time that we do something about this, our bill, we had asked for an account- to work with Bishop Belo for a peaceful and I want to commend the gentle- ing of this military training worldwide. resolution of the situation in East We received volumes, but really not woman from California (Ms. PELOSI) for Timor. As has been mentioned by my offering this motion. volumes of information that was very colleagues, in the past week Bishop Mr. CALLAHAN. Mr. Speaker, I have useful. Belo, a Nobel prize winner, a Nobel So today, surrounding this tragedy no further speakers and, therefore, peace laureate for his work for pro- maybe at long last we will get enough yield back the balance of my time. Ms. PELOSI. Mr. Speaker, I yield 2 moting democratic reform and auton- awareness on the part of the Congress omy or independence, as the case may minutes to the gentleman from Con- to examine what this program is about. be—it is now independence in East I call to my colleagues’ attention an- necticut (Mr. GEJDENSON), our distin- Timor, self determination in East other point, and that is even though guished ranking member of the Com- Timor has had his house burned to the this body by its vote forbade the mili- mittee on International Relations. tary U.S. training of the Indonesian Mr. GEJDENSON. Mr. Speaker, I will ground. The people who sought sanc- military except for Expanded IMET, not take up the 2 minutes. I just want tuary there had to flee. Never in the 400-or-so years of recent our military went around the intent of to commend the gentlewoman and the history of East Timor with all of the Congress and trained the Kopassus gentleman for agreeing on this lan- occupations that they have endured, under another program. Not IMET, but guage. This is a critical moment. There including all the time the Japanese oc- the JCET program, trained the has to be a very clear and direct signal cupying that area, never were the reli- Kopassus which is guilty of many from the United States as there has gious institutions, establishments, atrocities in Indonesia and in East been from the White House, from treated in this fashion. My colleagues Timor. Our weapons were used against United States Congress, that America have gone into the number of people the people of East Timor. will not countenance this kind of be- who have died, hundreds of thousands So let us do this today. It is a small havior. The outrageous acts by the In- made homeless, hundreds of thousands baby step in the motion to instruct, donesian military and government has evacuated in the last 10 days from East and hopefully the strong vote that it to be answered, and I am glad to see Timor. This is a moral blot on the has will be a vote about confining to the gentlewoman from California lead- world, as I said earlier, a challenge to expanded IMET, that the conference ing this effort today. the conscience of the world. Hopefully will agree to that. But in addition to Ms. PELOSI. Mr. Speaker, I yield the world will rise to the occasion as that, we must take a close look at the myself such time as I may consume. we prepare to send in the U.N. troops. policy justification for this military- Mr. Speaker, I thank the distin- But as we talk about that, the form to-military training, and when Con- guished ranking member, the gen- that this motion takes is to confine the gress says it shall not take place or it tleman from Connecticut (Mr. GEJDEN- military training of the Indonesian should only take place under certain SON), for his leadership and his state- military to expanded in IMET, and I circumstances, that our military un- ment. want to spend a moment on that. derstand a civilian government as well Mr. Speaker, I want to begin my clos- We have tried in our committee, and that they do not find other ways to ing by commending the distinguished those of us who have been working on go around it. chairman of the committee for his co- this issue, to eliminate all military Since I have served on the Com- operation on this motion to instruct. It training by the U.S. military of the In- mittee on Foreign Operations and on is my understanding that the gen- donesian military. Our military has the Permanent Select Committee on tleman will not oppose, and I assume said that we must go in there and train Intelligence, I have constantly been that means he will support the motion them, and they do not even want to called by our CINCPAC the present to instruct conferees, and for that I am confine it to Expanded IMET. Our mili- one, Admiral Blair, his predecessor and very grateful because I think it is very tary wants to train the Indonesian that admiral’s predecessor to talk important that whatever the content military. As a compromise we have in- about the glories of our training of the of the motion to instruct, that it have cluded language that says if our mili- Indonesian military. I did not believe unanimous support, and while, as I said tary they trains them, it has to be on it then, and I am absolutely certain earlier, I would have gone further to how a military functions in a civilian that it has not been effective now. Wit- cut off all military training to the In- society and focus on respecting the ness what happened in East Timor. donesian military, what is before us is human rights of people that they are So I am pleased to have the time to what is allowed by the rules within the dealing with there. bring this motion to the floor. I thank scope of the two bills that will be rec- We have asked the U.S. military over my distinguished chairman for sup- onciled in conference. and over for the policy justification for porting the motion to instruct. I also September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8165 thank him for giving us the forum to should be condemned in the strongest terms I thank the gentlewoman for her motion and have the military training hearing that for allowing untold atrocities to be committed urge our colleagues to support this important we had and hope now with all of this against the innocent, unarmed civilians of East measure. discussion that it will raise the con- Timor. I commend President Clinton for termi- Mr. NADLER. Mr. Speaker, I rise today in sciousness of this body to the issue of nating all assistance to and ties with the Indo- strong support of the Motion to Instruct Con- IMET and military training, JCET, nesian military. The latest U.N. estimate are ferees and to condemn the violence raging in other military training, weapon sales that up to 300,000 Timorese, over a third of East Timor. Sadly, on what should have been and the military-to-military coopera- the population of East Timor, have been dis- a joyous occasion, the free and democratic tion. placed and it remains to be seen how many decision of the people of East Timor to be- I want to commend the Clinton ad- hundreds, if not thousands, have been killed in come independent, violence erupted, and ministration for its leadership in these the mass bloodletting and carnage. A war brought tragedy instead. past days in getting us to a point where crimes tribunal, as called for by UNHCR head The stories we have heard from this region now a U.N. peacekeeping force can go Mary Robinson, is necessary to punish those are heartbreakingÐhomes burned, young peo- in. I want to commend them for sus- responsible for the atrocities. ple shot and dumped in the sea, massacres pending the military-to-military co- I further commend the decision of the by machete. The brutal tactics of anti-inde- operation; but it is important for this United Nations to try to maintain its UNAMET pendence militias and members of the Indo- body to act, put into law this confining operations in Dili, even if only with a skeletal nesian military are truly horrific. Of course, our of the military training to human staff. It was absolutely essential that inter- hearts go out to the people of East Timor for rights activities and the role of a mili- national observers, such as the U.N., not all they have endured. However, our sympathy tary in a civilian society. desert East Timor or the likelihood of genocide is not enough. We must take action to ensure With that, if I have any time left, Mr. against the Timorese people would have sub- that such violence will not continue. Speaker, I would like to set aside 10 stantially increased. I am greatly disturbed to The government in Indonesia has been slow seconds, 10 seconds recognizing that we learn this morning that the UNAMET com- to bring an end to the violence in East Timor. really do not have a 13th month here, pound has been abandoned because of con- President Habibie has finally agreed to allow 10 seconds of silence on behalf of all the tinuing attacks by Indonesian militia and mili- an international peacekeeping force to enter people who have died in East Timor. tary elements. East Timor and restore order. However, this alone will not do. Of course, I believe that we This should be a grief to every person As to the issue of a U.N. or international must supply humanitarian aid to the region, in the world, and I would ask for that peacekeeping force, I strongly support such but we should discontinue our programs of 10 seconds. an intervention in East Timor and commend military and economic assistance pending res- Mr. FALEOMAVAEGA. Mr. Speaker, I join Indonesian President Habibie for his decision olution of this crisis. while this motion to in- my esteemed colleague, Congresswoman this weekend to authorize entry. While Aus- struct conferees would not completely cut off PELOSI, on her motion to instruct conferees to tralia and New Zealand may take the lead in military aid to Indonesia, it is an important first maintain the House language on restrictions of the formation of such a peacekeeping force, it step. we must send a message that such vio- IMET military assistance to Indonesia. is crucial that Southeast Asian nations, such Like many of our colleagues, I am greatly lence is unacceptable and will not be re- as the Philippines, Malaysia, and Thailand, disturbed and saddened by the brutal, violent warded with continued assistance. contribute significant troops to the effort, and response of the pro-Jakarta militia and Indo- On a personal note my constituent Alan I applaud the cooperation and commitment of nesian military to the overwhelming vote for Nairn, a journalist reporting on the situation in these countries. Jakarta, however, should not independence demonstrated by the coura- East Timor, was captured last night by the In- be permitted to dictate which countries shall geous people of East Timor. However, I am donesian military police. I have been working comprise and contribute to the international not at all surprised at the rampant killings, Mr. hard to ensure his immediate release and am peacekeeping force. Speaker, as the Indonesian military has rou- hopeful that he will emerge unharmed. It is clear the United States must also com- tinely used violence as a tool of repression. I have closely monitored the situation in Although the Timorese struggle for self-de- mit to this peacekeeping effort and not shirk East Timor for years, and have consistently termination has received much publicity, Mr. its duty. Besides playing a significant role in called upon the Administration to take bold Speaker, scant attention has been paid to the supplying airlift capabilities and logistical sup- steps to protect human rights and support the people of West Papua New Guinea who have port, I believe America should also contribute people of East Timor. I have long urged the similarly struggled in Irian Jaya to throw off the a small, if not symbolic, contingent of ground United Nations to take an active interest in the yoke of Indonesian colonialism. As in East troops, which could easily be drawn from our plight of the East Timorese. In addition, I have Timor, Indonesia took West Papua New Guin- substantial forces of U.S. Marines based in called for International Military Education ea by force in 1963. In a pathetic episode, the Okinawa. Training funding to be cut to Indonesia and I United Nations in 1969 sanctioned a fraudu- With Indonesia being the fourth largest na- have opposed the sale of F±16 fighter planes lent referendum, where only 1,025 delegates tion and the largest Muslim country in the to that nation on account of its poor human handpicked and paid-off by Jakarta were per- world, which sits astride major sealanes of rights record. mitted to participate in an independence vote. communication and tradeÐcertainly we have The tragedy in East Timor has touched us The rest of the West Papua people, over substantial national interests in preserving sta- all. I urge this House and the Clinton Adminis- 800,00 strong, has absolutely no voice in the bility in Indonesia and Southeast Asia, as well tration to do all that it can to end the hostilities undemocratic process. as preventing a U.N. initiative from turning into and ease the suffering of those in East Timor. Since Indonesia subjugated West Papua a catastrophic humanitarian disaster. I urge the adoption of this motion. New Guinea, the native Papuan people have Moreover, Mr. Speaker, I believe that what Ms. PELOSI. Mr. Speaker, I yield suffered under one of the most repressive and has happened in East TimorÐwhere the Indo- back the balance of my time. unjust systems of colonial occupation in the nesian military forces played a major role in b 1145 20th century. Like in East Timor where the horrific violenceÐholds prophetic ramifica- The SPEAKER pro tempore. Without 200,000 East Timorese are thought to have tions for the future of Indonesia as a whole. In objection, the previous question is or- died, the Indonesian military has been brutal front of the world, President Habibie has been dered. in Irian Jaya. Reports estimate that between humiliated by the inability to control his own There was no objection. 100,000 to 300,000 West Papuans have died military while Defense Minister General The SPEAKER pro tempore (Mr. or simply vanished at the hands of the Indo- Wiranto's hand in the unfolding events in East HASTINGS of Washington). The question nesian military. While we search for justice Timor is still being questioned. It raises the is on the motion to instruct offered by and peace in East Timor, Mr. Speaker, we question as to who is actually in control in Ja- the gentlewoman from California (Ms. should not forget the violent tragedy that con- karta, and whether a civilian democratic gov- PELOSI). tinues to play out today in West Papua New ernment or military regime holds the reigns of The question was taken; and the Guinea. I would urge our colleagues, our great power to IndonesiaÐnow and for the future. Speaker pro tempore announced that nation, and the international community to re- By its simple presence, Mr. Speaker, an the ayes appeared to have it. visit the status of West Papua New Guinea to international peacekeeping force in East Timor Ms. PELOSI. Mr. Speaker, I object to ensure that justice is also achieved there. may well lend a hand in stabilizing not just the vote on the ground that a quorum Mr. Speaker, with respect to the events of that island but the fragile democracy that os- is not present, and make the point of the past week, the Indonesian Government tensibly governs Indonesia. order that a quorum is not present. H8166 CONGRESSIONAL RECORD — HOUSE September 14, 1999 The SPEAKER pro tempore. Pursu- (1) was identified in a previous report sub- tion describing in detail the facts and cir- ant to clause 8 of rule XX, further pro- mitted under subsection (a) on account of a cumstances relating specifically to the for- ceedings on this question will be post- particular transfer, or eign person identified in a report submitted poned until after the disposition of (2) has engaged in a transfer on behalf of, pursuant to section 2(a) that support the or in concert with, the Government of the President’s decision not to exercise the au- H.R. 1883 under suspension of the rules. United States, thority of section 3(a) with respect to that The point of no quorum is considered is not required to be identified on account of person. withdrawn. that same transfer in any report submitted (c) SUBMISSION IN CLASSIFIED FORM.—When f thereafter under this section, except to the the President considers it appropriate, the degree that new information has emerged in- notification of the President under sub- IRAN NONPROLIFERATION ACT OF dicating that the particular transfer may section (a), and the written justification 1999 have continued, or been larger, more signifi- under subsection (b), or appropriate parts Mr. GILMAN. Mr. Speaker, I move to cant, or different in nature than previously thereof, may be submitted in classified form. suspend the rules and pass the bill reported under this section. SEC. 5. DETERMINATION EXEMPTING FOREIGN (d) SUBMISSION IN CLASSIFIED FORM.—When (H.R. 1883) to provide for the applica- PERSON FROM SECTIONS 3 AND 4. the President considers it appropriate, re- (a) IN GENERAL.—Sections 3 and 4 shall not tion of measures to foreign persons ports submitted under subsection (a), or ap- apply to a foreign person 15 days after the who transfer to Iran certain goods, propriate parts thereof, may be submitted in President reports to the Committee on Inter- services, or technology and for other classified form. national Relations of the House of Rep- purposes, as amended. SEC. 3. APPLICATION OF MEASURES TO CERTAIN resentatives and the Committee on Foreign The Clerk read as follows: FOREIGN PERSONS. Relations of the Senate that the President H.R. 1883 (a) APPLICATION OF MEASURES.—Subject to has determined, on the basis of information sections 4 and 5, the President is authorized provided by that person, or otherwise ob- Be it enacted by the Senate and House of Rep- to apply with respect to each foreign person tained by the President, that— resentatives of the United States of America in identified in a report submitted pursuant to (1) the person did not, on or after January Congress assembled, section 2(a), for such period of time as he 1, 1999, knowingly transfer to Iran the goods, SECTION 1. SHORT TITLE. may determine, any or all of the measures services, or technology the apparent transfer This Act may be cited as the ‘‘Iran Non- described in subsection (b). of which caused that person to be identified proliferation Act of 1999’’. (b) DESCRIPTION OF MEASURES.—The meas- in a report submitted pursuant to section SEC. 2. REPORTS ON PROLIFERATION TO IRAN. ures referred to in subsections (a) are the fol- 2(a); (a) REPORTS.—The President shall, at the lowing: (2) the goods, services, or technology the times specified in subsection (b), submit to (1) EXECUTIVE ORDER 12938 PROHIBITIONS.— transfer of which caused that person to be the Committee on International Relations of The measures set forth in subsections (b) and identified in a report submitted pursuant to the House of Representatives and the Com- (c) of section 4 of Executive Order 12938 shall section 2(a) did not materially contribute to mittee on Foreign Relations of the Senate a be applied with respect to that person. Iran’s efforts to develop nuclear, biological, report identifying every foreign person with (2) ARMS EXPORT PROHIBITION.—The United or chemical weapons, or ballistic or cruise respect to whom there is credible informa- States Government shall not sell to that for- missile systems; tion indicating that that person, on or after eign person any item on the United States (3) the person is subject to the primary ju- January 1, 1999, transferred to Iran— Munitions List as in effect on August 8, 1995, risdiction of a government that is an adher- (1) goods, services, or technology listed and shall terminate sales to that person of ent to one or more relevant nonproliferation on— any defense articles, defense services, or de- regimes, the person was identified in a report (A) the Nuclear Suppliers Group Guidelines sign and construction services under the submitted pursuant to section 2(a) with re- for the Export of Nuclear Material, Equip- Arms Export Control Act. spect to a transfer of goods, services, or tech- ment and Technology (published by the (3) DUAL USE EXPORT PROHIBITION.—The nology described in section 2(a)(1), and such International Atomic Energy Agency as In- President shall deny licenses and suspend ex- transfer was made consistent with the guide- formation Circular INFCIRC/254/Rev.3/Part 1, isting licenses for the transfer to that person lines and parameters of all such relevant re- and subsequent revisions) and Guidelines for of items the export of which is controlled gimes of which such government is an adher- Transfers of Nuclear-Related Dual-Use under the Export Administration Act of 1979 ent; or Equipment, Material, and Related Tech- or the Export Administration Regulations. (4) the government with primary jurisdic- nology (published by the International (c) EFFECTIVE DATE OF MEASURES.—Meas- tion over the person has imposed meaningful Atomic Energy Agency as Information Cir- ures applied pursuant to subsection (a) shall penalties on that person on account of the cular INFCIRC/254/Rev.3/Part 2, and subse- be effective with respect to a foreign person transfer of the goods, services, or technology quent revisions); no later than— which caused that person to be identified in (B) the Missile Technology Control Regime (1) 90 days after the report identifying the a report submitted pursuant to section 2(a). Equipment and Technology Annex of June foreign person is submitted, if the report is (b) SUBMISSION IN CLASSIFIED FORM.—When 11, 1996, and subsequent revisions; submitted on or before the date required by the President considers it appropriate, the (C) the lists of items and substances relat- section 2(b); determination and report of the President ing to biological and chemical weapons the (2) 90 days after the date required by sec- under subsection (a), or appropriate parts export of which is controlled by the Aus- tion 2(b) for submitting the report, if the re- thereof, may be submitted in classified form. tralia Group; port identifying the foreign person is sub- SEC. 6. RESTRICTION ON EXTRAORDINARY PAY- (D) the Schedule One or Schedule Two list mitted within 60 days after that date; or MENTS IN CONNECTION WITH THE of toxic chemicals and precursors the export (3) on the date that the report identifying INTERNATIONAL SPACE STATION. of which is controlled pursuant to the Con- the foreign person is submitted, if that re- (a) RESTRICTION ON EXTRAORDINARY PAY- vention on the Prohibition of the Develop- port is submitted more than 60 days after the MENTS IN CONNECTION WITH THE INTER- ment, Production, Stockpiling and Use of date required by section 2(b). NATIONAL SPACE STATION.—Notwithstanding Chemical Weapons and on Their Destruction; (d) PUBLICATION IN FEDERAL REGISTER.— any other provision of law, no agency of the or The application of measures to a foreign per- United States Government may make ex- (E) the Wassenaar Arrangement list of son pursuant to subsection (a) shall be an- traordinary payments in connection with the Dual Use Goods and Technologies and Muni- nounced by notice published in the Federal International Space Station to the Russian tions list of July 12, 1996, and subsequent re- Register. Space Agency, any organization or entity visions; or SEC. 4. PROCEDURES IF MEASURES ARE NOT AP- under the jurisdiction or control of the Rus- (2) goods, services, or technology not listed PLIED. sian Space Agency, or any other organiza- on any list identified in paragraph (1) but (a) REQUIREMENT TO NOTIFY CONGRESS.— tion, entity, or element of the Government which nevertheless would be, if they were Should the President not exercise the au- of the Russian Federation, unless, during the United States goods, services, or technology, thority of section 3(a) to apply any or all of fiscal year in which the extraordinary pay- prohibited for export to Iran because of their the measures described in section 3(b) with ments in connection with the International potential to make a material contribution to respect to a foreign person identified in a re- Space Station are to be made, the President the development of nuclear, biological, or port submitted pursuant to section 2(a), he has made the determination described in chemical weapons, or of ballistic or cruise shall so notify the Committee on Inter- subsection (b), and reported such determina- missile systems. national Relations of the House of Rep- tion to the Committee on International Re- (b) TIMING OF REPORTS.—The reports under resentatives and the Committee on Foreign lations and the Committee on Science of the subsection (a) shall be submitted not later Relations of the Senate no later than the ef- House of Representatives and the Committee than 90 days after the date of the enactment fective date under section 3(c) for measures on Foreign Relations and the Committee on of this Act, not later than 6 months after with respect to that person. Commerce, Science, and Transportation of such date of enactment, and not later than (b) WRITTEN JUSTIFICATION.—Any notifica- the Senate. the end of each 6-month period thereafter. tion submitted by the President under sub- (b) DETERMINATION REGARDING RUSSIAN CO- (c) EXCEPTIONS.—Any foreign person who— section (a) shall include a written justifica- OPERATION IN PREVENTING PROLIFERATION TO September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8167

IRAN.—The determination referred to in sub- individuals aboard the International Space (4) ADHERENT TO RELEVANT NONPROLIFERA- section (a) is a determination by the Presi- Station. TION REGIME.—A government is an ‘‘adher- dent that— (g) SERVICE MODULE EXCEPTION.—(1) The ent’’ to a ‘‘relevant nonproliferation regime’’ (1) it is the policy of the Government of National Aeronautics and Space Administra- if that government— the Russian Federation to oppose the pro- tion may make extraordinary payments that (A) is a member of the Nuclear Suppliers liferation to Iran of weapons of mass de- would otherwise be prohibited under this sec- Group with respect to a transfer of goods, struction and missile systems capable of de- tion to the Russian Space Agency, any orga- services, or technology described in section livering such weapons; nization or entity under the jurisdiction or 2(a)(1)(A); (2) the Government of the Russian Federa- control of the Russian Space Agency, or any (B) is a member of the Missile Technology tion (including the law enforcement, export subcontractor thereof for the construction, Control Regime with respect to a transfer of promotion, export control, and intelligence testing, preparation, delivery, launch, or goods, services, or technology described in agencies of such government) has dem- maintenance of the Service Module if— section 2(a)(1)(B), or is a party to a binding onstrated and continues to demonstrate (A) the President has notified Congress at international agreement with the United through the implementation of concrete least 5 days before making such payments; States that was in effect on January 1, 1999, steps a sustained commitment to seek out (B) no report has been made under section to control the transfer of such goods, serv- and prevent the transfer to Iran of goods, 2 with respect to an activity of the entity to ices, or technology in accordance with the services, and technology that could make a receive such payment, and the President has criteria and standards set forth in the Mis- material contribution to the development of no information of any activity that would sile Technology Control Regime; nuclear, biological, or chemical weapons, or require such a report; and (C) is a member of the Australia Group (C) the United States will receive goods or of ballistic or cruise missile systems, includ- with respect to a transfer of goods, services, services of value to the United States com- ing through the imposition of meaningful or technology described in section 2(a)(1)(C); mensurate with the value of the extraor- penalties on persons who make such trans- (D) is a party to the Convention on the fers; and dinary payments made. (2) For purposes of this subsection, the Prohibition of the Development, Production, (3) neither the Russian Space Agency, nor term ‘‘maintenance’’ means activities which Stockpiling and Use of Chemical Weapons any organization or entity under the juris- cannot be performed by the National Aero- and on Their Destruction with respect to a diction or control of the Russian Space nautics and Space Administration and which transfer of goods, services, or technology de- Agency, has, during the 1-year period prior must be performed in order for the Service scribed in section 2(a)(1)(D); or to the date of the determination pursuant to Module to provide environmental control, (E) is a member of the Wassenaar Arrange- this subsection, made transfers to Iran re- life support, and orbital maintenance func- ment with respect to a transfer of goods, portable under section 2(a) of this Act (other tions which cannot be performed by an alter- services, or technology described in section than transfers with respect to which a deter- native means at the time of payment. 2(a)(1)(E). mination pursuant to section 5 has been or (3) This subsection shall cease to be effec- (5) ORGANIZATION OR ENTITY UNDER THE JU- will be made). tive 60 days after a United States propulsion RISDICTION OR CONTROL OF THE RUSSIAN SPACE (c) PRIOR NOTIFICATION.—Not less than 5 module is in place at the International Space AGENCY.—(A) The term ‘‘organization or en- days before making a determination under Station. tity under the jurisdiction or control of the subsection (b), the President shall notify the (h) EXCEPTION.—Notwithstanding sub- Russian Space Agency’’ means an organiza- Committee on International Relations and sections (a) and (b), no agency of the United tion or entity that— the Committee on Science of the House of States Government may make extraordinary (i) was made part of the Russian Space Representatives and the Committee on For- payments in connection with the Inter- Agency upon its establishment on February eign Relations and the Committee on Com- national Space Station to any foreign person 25, 1992; merce, Science, and Transportation of the subject to measures applied pursuant to— (ii) was transferred to the Russian Space Senate of his intention to make such deter- (1) section 3 of this Act; or Agency by decree of the Russian Government mination. (2) section 4 of Executive Order 12938 (No- on July 25, 1994, or May 12, 1998; (d) WRITTEN JUSTIFICATION.—A determina- vember 14, 1994), as amended by Executive (iii) was or is transferred to the Russian tion of the President under subsection (b) Order 13094 (July 28, 1998). Space Agency by decree of the Russian Gov- shall include a written justification describ- Such payments shall also not be made to any ernment at any other time before, on, or ing in detail the facts and circumstances other entity if the agency of the United after the date of the enactment of this Act; supporting the President’s conclusion. States Government anticipates that such or (e) SUBMISSION IN CLASSIFIED FORM.—When payments will be passed on to such a foreign (iv) is a joint stock company in which the the President considers it appropriate, a de- person. termination of the President under sub- Russian Space Agency has at any time held SEC. 7. DEFINITIONS. controlling interest. section (b), a prior notification under sub- For purposes of this Act, the following section (c), and a written justification under (B) Any organization or entity described in terms have the following meanings: subparagraph (A) shall be deemed to be subsection (d), or appropriate parts thereof, (1) EXTRAORDINARY PAYMENTS IN CONNEC- may be submitted in classified form. under the jurisdiction or control of the Rus- TION WITH THE INTERNATIONAL SPACE STA- sian Space Agency regardless of whether— (f) EXCEPTION FOR CREW SAFETY.— TION.—The term ‘‘extraordinary payments in (i) such organization or entity, after being (1) EXCEPTION.—The National Aeronautics connection with the International Space part of or transferred to the Russian Space and Space Administration may make ex- Station’’ means payments in cash or in kind Agency, is removed from or transferred out traordinary payments that would otherwise made or to be made by the United States of the Russian Space Agency; or be prohibited under this section to the Rus- Government— (ii) the Russian Space Agency, after hold- sian Space Agency or any organization or en- (A) for work on the International Space ing a controlling interest in such organiza- tity under the jurisdiction or control of the Station which the Russian Government tion or entity, divests its controlling inter- Russian Space Agency if the President has pledged at any time to provide at its ex- est. notified the Congress in writing that such pense; or payments are necessary to prevent the immi- (B) for work on the International Space The SPEAKER pro tempore. Pursu- nent loss of life by or grievous injury to indi- Station, or for the purchase of goods or serv- ant to the rule, the gentleman from viduals aboard the International Space Sta- ices relating to human space flight, that are New York (Mr. GILMAN) and the gen- tion. not required to be made under the terms of tleman from Connecticut (Mr. GEJDEN- (2) REPORT.—Not later than 30 days after a contract or other agreement that was in ef- SON) each will control 20 minutes. notifying Congress that the National Aero- fect on January 1, 1999, as those terms were The Chair recognizes the gentleman nautics and Space Administration will make in effect on such date. from New York (Mr. GILMAN). extraordinary payments under paragraph (1), (2) FOREIGN PERSON; PERSON.—The terms the President shall submit to Congress a re- ‘‘foreign person’’ and ‘‘person’’ mean— GENERAL LEAVE port describing— (A) a natural person that is an alien; Mr. GILMAN. Mr. Speaker, I ask (A) the extent to which the provisions of (B) a corporation, business association, unanimous consent that all Members subsection (b) had been met as of the date of partnership, society, trust, or any other non- may have 5 legislative days within notification; and governmental entity, organization, or group, which to revise and extend their re- (B) the measures that the National Aero- that is organized under the laws of a foreign marks on the bill under consideration. nautics and Space Administration is taking country or has its principal place of business The SPEAKER pro tempore. Is there to ensure that— in a foreign country; objection to the request of the gen- (i) the conditions posing a threat of immi- (C) any foreign governmental entity oper- nent loss of life by or grievous injury to indi- ating as a business enterprise; and tleman from New York? viduals aboard the International Space Sta- (D) any successor, subunit, or subsidiary of There was no objection. tion necessitating the extraordinary pay- any entity described in subparagraph (B) or Mr. GILMAN. Mr. Speaker, I yield ments are not repeated; and (C). myself such time as I may consume. (ii) it is no longer necessary to make ex- (3) EXECUTIVE ORDER 12938.—The term ‘‘Ex- (Mr. GILMAN asked and was given traordinary payments in order to prevent ecutive Order 12938’’ means Executive Order permission to revise and extend his re- imminent loss of life by or grievous injury to 12938 as in effect on January 1, 1999. marks.) H8168 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Mr. GILMAN. Mr. Speaker, today we This bill contains many important the loss of these technologies to dan- consider the Iran Nonproliferation Act improvements over the legislation that gerous countries around the globe. of 1999, H.R. 1883, which the gentleman we passed 2 years ago. It takes into ac- So I commend the chairman for mov- from Connecticut (Mr. GEJDENSON), the count many of the administration’s ob- ing this legislation today. gentleman from Wisconsin (Mr. SEN- jections to the prior bill, and it refines Mr. Speaker, I reserve the balance of SENBRENNER), the gentleman from Cali- our approach to the problem. my time. fornia (Mr. BERMAN), and I introduced Mr. Speaker, this is an important Mr. GILMAN. Mr. Speaker, I yield on May 20 of this year. measure that will make a vital con- such time as he may consume to the This bipartisan legislation currently tribution to our Nation’s efforts to re- gentleman from Wisconsin (Mr. SEN- has almost 230 cosponsors and just last verse the proliferation of dangerous SENBRENNER), the distinguished chair- week it was reported unanimously by weapons technology to Iran. Accord- man of the Committee on Science. both our Committee on International ingly, I urge my colleagues to support Mr. SENSENBRENNER. Mr. Speak- Relations and our Committee on this measure, H.R. 1883. er, I thank the gentleman from New Science. Mr. Speaker, I reserve the balance of York (Mr. GILMAN) for yielding me this The purpose of our legislation is to my time. time, and rise in support of this bill, reverse the very dangerous situation Mr. GEJDENSON. Mr. Speaker, I which will assist the administration’s confronting us today in which firms in yield myself such time as I may con- efforts to prevent the spread of bal- Russia, in China, in North Korea and sume. listic missiles and weapons of mass de- elsewhere are transferring to Iran Mr. Speaker, I want to join the gen- struction to Iran. goods, services, and technology that tleman from New York (Chairman GIL- H.R. 1883 contains several provisions will assist in the development of weap- MAN) in supporting this legislation and that require the administration to re- ons of mass destruction and missiles commending him for his actions. Clear- port any credible information it re- capable of delivering such weapons. ly, there is great frustration here and ceives about the entities transferring In the hands of a rogue state like at the White House over the failure of technology to Iran. Iran, these weapons pose a clear and the Russian Government to get to a The bill’s teeth, however, are in sec- present danger, not only to our friends point where it can control the pro- tion 6, over which the Committee on and allies in the region but also to the liferation of serious weapons of mass Science has jurisdiction and which the tens of thousands of our military per- destruction. committee unanimously endorsed last sonnel in the Persian Gulf and in adja- We have been hopeful, frankly, that week. Section 6 prohibits the adminis- cent areas. under Prime Minister Stepashin that tration from transferring any funds to The proliferation of these tech- we would see some progress in Russia. the Russian Government for the Inter- nologies to Iran has been going on for And there have been a number of prom- national Space Station unless the a number of years. And to its credit, ises made; but with the rate that the President determines that it is the pol- the administration has worked to try Russian governments have been chang- icy of the Russian Government to ac- to stop this kind of proliferation, but ing, we have been seeing very little tively oppose proliferation to Iran, all available evidence indicates that to progress in an area that is critical to that the Russian Government is car- date their efforts have failed. our national security and many of our rying out that policy, and that the The proliferation is as bad today as it allies throughout the world. Russian Space Agency and the organi- has ever been. With support from key Proliferation is an issue not just in zations under its jurisdictions have not supplier nations, Iran has now started Russia. The Chinese Government has transferred technology to Iran. work on a medium- to long-range mis- proliferated a number of its most crit- Some question linking the Inter- sile, with a range of 3,000 to 5,000 kilo- ical technologies and this Congress national Space Station and prolifera- meters. Many analysts believe that the needs to address all of these issues, but tion arguing that they are separate volume and pattern of continued trans- today we focus on Russia. And we issues. Using the space program as a fers from Russia could not exist with- should have a policy that both engages nonproliferation tool follows the path out their acquiescence, if not encour- Russia and provides penalties when the White House laid out in 1993 when agement, of at least some elements in they fail to live up to the agreements it invited Russia into the International the Russian Government. that we have reached with them. Space Station partnership. The White The purpose of our legislation is to The Russians have a significant por- House explicitly linked Russian par- give the administration new tools in tion of the world’s technology of weap- ticipation in the Space Station to its which to address this problem, the ons of mass destruction, and there has goal of discouraging Russia from en- countries that are transferring these been leakage of these systems and gaging in proliferation activities, and items to Iran powerful new reasons to these technologies to the Iranians. numerous administration witnesses stop proliferating, and Congress great- The United States has been in this since then before the Committee on er insight into just what is happening. kind of situation before. At the end of Science and its subcommittees have Our legislation picks up where we World War II, America moved into Ger- stated that if Russia proliferates to left off at the end of the last session of many hiring many of the scientists Iran that is a deal breaker as far as the Congress. My colleagues will recall that had worked for the Nazis to pre- Space Station goes. that during the 105th Congress we vent them from working for countries So, H.R. 1883 is consistent with the passed a similar bill entitled the Iran who were our adversaries. Today we administration’s policies regarding Missile Proliferation Sanctions Act. find ourselves in a similar situation. both the Space Station and non- That measure passed both the House The talent and the brain power in Rus- proliferation. and Senate by overwhelming margins sia can be a great opportunity to move Unfortunately, we have received con- but regrettably was vetoed by the us forward in many areas of peaceful sistent reports since 1993 that Russia is President. uses of these technologies, but they assisting Iran’s efforts to acquire weap- The President pleaded with us not to can also provide a great danger. Wheth- ons of mass destruction and ballistic override his veto assuring us that with er it is fissionable material or rocket missiles. The CIA and the State De- more time he would be able to resolve technology, the United States has to partment conceded as much in open the problem diplomatically, and we take every effort possible to make sure hearings over the last 2 years. bowed to his wishes and decided not to that proliferation is halted. Faced with such evidence, H.R. 1883 seek an override of that veto. I join with the chairman and many is an appropriate and measured step The verdict is now in on that deci- others in this House in offering this that Congress can and must take to sion. Clearly, the President overesti- legislation, which we hope will send a halt such proliferation. The bill does mated his ability to handle this prob- very strong message to the Russian not change Russia’s rights or obliga- lem diplomatically; and Congress erred Government that as difficult as these tions as a partner in the International in not forcing a vote on that issue. We times are for them, this is an area Space Station. It does not prohibit have learned from that mistake, and where they can allow no seepage, where NASA from making payments to the we do not intend to repeat it. they have to make the effort to stop Russian Space Agency if the Russian September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8169 Government is doing what it promises, and one of the people we had testify be- I came down here today to talk about namely stopping the flow of technology fore our committee was a man named this because we really do need to im- to Iran. It only prohibits NASA from Jonathan Fox. Mr. Fox is a defense se- pose economic sanctions on those who making such payments if Russia is in- curity analyst at the Department of are proliferating nuclear weapons be- creasing the threat to our friends, al- Defense; and in October of 1997, he was cause it is a threat to everybody in the lies, and troops in the Middle East and asked to write a national security as- world; but in particular, we ought to in Europe. sessment about Communist China and really be going after Communist China Congress must not look the other about the agreement for cooperation in because they have been giving nuclear way in the face of proliferation or one the peaceful uses of atomic energy be- technology that those countries can day it will come back to haunt us. We tween China and the United States. use, to Iran and to North Korea, and to must do our part to promote inter- Now, Mr. Fox was told that he had to others; and they are a threat to the se- national peace and security. H.R. 1883 have this national security assessment curity of the United States and to our is a good first step, and I urge my col- done by October 25, 1997, because the allies, as Mr. Fox has stated. leagues to vote in favor of this bill. administration wanted to have every- I think it is reprehensible that some- Mr. GEJDENSON. Mr. Speaker, I thing ready before the state visit of body above Mr. Fox’s pay grade, and yield 3 minutes to the gentleman from Chinese President Jiang Zemin. they said it was way above his pay Tennessee (Mr. GORDON). The day after Mr. Fox submitted his grade, ordered them to change his na- Mr. GORDON. Mr. Speaker, I rise in memo, he was called by a man who was tional security assessment simply be- support of H.R. 1883, the Iran Non- one of his superiors named Michael cause President Jiang Zemin from proliferation Act of 1999. Jackson. Communist China was coming over to I have been a cosponsor of this bill He said, okay, how bad is it, about meet with the President of the United because I feel very strongly about the his memo, meaning the reaction to his States and they wanted everything to need to control proliferation of weap- candid memo? And Mr. Jackson an- be cool, everything to be on an even ons of mass destruction. The end of the swered, you will be lucky if you still keel. It is unbelievable this happened. Cold War did not mean that we have es- have a job by the end of the day. This was brought out before my com- caped the threat posed by those who mittee, and none of the national media b 1200 would do harm to us or to our allies in reported it, and I thought it was a the world. There is a very real threat Fox indicated he did not think John- shame that they did not. I called ABC, posed by the proliferation of dangerous son was joking. Johnson told him peo- NBC, CBS, and CNN; and I said why weapons technologies into the hand of ple were upset by the memo and it had would you not think this was a major our enemies. We must do all we can to to be revised and say that the agree- story, because a national security as- see that they do not succeed in getting ment was not a threat to national se- sessment was made regarding the secu- those harmful technologies. curity. rity of America and our allies and I see H.R. 1883 as one of the ways in Now, I hope everybody gets this whether or not China was selling nu- which we can help to control prolifera- straight. He wrote a national security clear weapons to potential enemies, tion. It sends a strong message to those assessment which said that giving any and they told him that if he did not who would proliferate that the United additional nuclear technology or any- change it 180 degrees to where it looked States will not stand idly by. thing that would help them with their like they were not a nuclear This bill is not intended to take away nuclear program would be a threat not proliferator and there was no threat to from the efforts currently being made only to the United States, but to the America, he was going to lose his job, by the administration to control pro- allies of the United States as well. And and not one of the networks picked liferation. Neither is the bill intended just before President Jiang Zemin that up. All I can say is shame on to slap in the face those in the Russian came over, he got a call from his supe- them. Shame on them. The American Government who are trying to stem rior saying, if you do not change this people need to know the truth. At least proliferation. In fact, I want to note memo to say that they are not a they got this much of it today. the progress that has been made over threat, then you are going to be fired. [From the Committee on Government the past year by the administration Now, Mr. Fox said to one of his col- Reform] and the Russian Government. There leagues he was so concerned about his JONATHAN FOX ARMS CONTROL SPECIALIST have been positive steps taken. These job because he had a wife and kids and DEPARTMENT OF DEFENSE include the Russian enactment of the he had been at the Defense Department PROFESSIONAL BACKGROUND federal law of export controls; the Rus- for a long time that he did change that Fox is an Arms Control Specialist in the sian adoption as official policy of the national security assessment because Defense Threat Reduction Agency (formerly Gallucci-Koptev action plan, which is of the threat to his employment. He known as Defense Technology Security designed to stop all contact between said China was not only a threat to the Agency). Fox’s wife also works at the agency Russian aerospace entities and Iran; United States of America, but to our as a photographer. Fox fears both he and his allies as well. And because President wife will be retaliated against for speaking the joint Russian-U.S. establishment of to Congress. export control list; and a number of Jiang Zemin was coming over to meet FOX’S CONCERNS other substantive actions. with President Clinton, he got orders from above to tell him to change that In October 1997, Fox was asked to write a I am encouraged by these initiatives. memo regarding the implementation of a At the same time, it is important for national security assessment 180 de- 1985 ‘‘Agreement for Cooperation in the Congress to signal to those who would grees to say that China was no threat, Peaceful Uses of Atomic Energy’’ between proliferate that their actions will have or he might lose his job. China and the U.S. The terms of the recip- consequences. Now, I think everybody in this coun- rocal agreement allowed annual opportuni- I believe that H.R. 1883 sends such a try ought to be concerned about that. ties between the U.S. and China to: signal. Therefore, I support H.R. 1883, If an expert at the Defense Department Send technical experts to each others’ civil and I urge Members to vote to suspend says there is a national security threat reactor sites; observe operations and reactor to this country if we continue to give fueling; exchange and share technical infor- the rules and pass this important bill. mation in the operation and maintenance of Mr. BEREUTER. Mr. Speaker, I yield nuclear technology to Communist nuclear power generative and associated fa- such time as he may consume to the China and he is ordered by the White cilities; exchange detailed confidence-build- gentleman from Indiana (Mr. BURTON), House to change that or somebody ing and transparency information on trans- a member of the committee. above him, and the guy said it was high fer, storage and disposition of fissionable Mr. BURTON of Indiana. Mr. Speak- above my pay grade that this order fuels utilized for peaceful purposes; and dis- er, I thank the gentleman from Ne- came from, indicating it was way up close detailed reactor site operational data, to include energy generated and loading. braska (Mr. BEREUTER) for yielding me the chain of command, if people are In his initial memo, Fox concluded that this time. being told to change national security count ‘‘this assessment concludes that the Mr. Speaker, we had a hearing not assessments that threaten our national proposed arrangement presents real and sub- long ago involving some whistleblowers security, then somebody ought to be stantial risk to the common defense and se- from various agencies of government hung out to dry. curity of both the United States and allied H8170 CONGRESSIONAL RECORD — HOUSE September 14, 1999 countries.’’ Fox pointed out that Chinese Send technical experts to each others’ civil substandard because it included political and past practices as a proliferant presented con- reactor sites; Observe operations and reactor historical observations and was not limited siderable risks to national security. fueling; Exchange and share technical infor- to technical considerations. He claims that Fox said he was told that the memo had to mation in the operation and maintenance of he told Fox that the analysis was sub- be done by October 25, 1997 because the Ad- nuclear power generative and associated fa- standard. Fox states that Johnson did not ministration wanted to have everything cilities; Exchange detailed confidence-build- call his analysis substandard—to the con- ready before the state visit of Jiang Zemin. ing and transparency information on trans- trary, he says Johnson said ‘‘you’re right The day after Fox submitted the memo, he fer, storage and disposition of fissionable and it doesn’t matter.’’ Fox also says that all was called by Michael Johnson. When Fox fuels utilized for peaceful purposes; and Dis- similar analyses had elements of politics and asked him ‘‘OK how bad is it?’’ [meaning the close detailed reactor site operational data, history included and that Johnson did not reaction to his candid memo], Johnson an- to include energy generated and loaded. reject those analyses.] swered: ‘‘You’ll be lucky if you still have a The request came from Mike Johnson, the Johnson told Fox that if he didn’t have a job by the end of the day.’’ Fox indicated he Deputy Director of Nonproliferation Policy clean technical opinion (an approval) by didn’t think Johnson was joking. Johnson in the Office of Threat Reduction Policy.1 11:30, the next call would be to Fox’s Direc- told him people were upset by the memo and Fox was told that he had to complete his re- tor—‘‘he can explain why a GS–14 is blocking it had to be revised and say that the agree- view by Friday, October 25, 1999. Fox also be- a summit.’’ Fox asked Johnson for 15–20 min- ment is not inimical to U.S. national secu- lieves that the document indicated that the utes to think about what he had been told. rity. Fox said he told Johnson that every- deadline was tied to the arrival of Chinese Johnson responded: ‘‘clock’s ticking.’’ Fox thing in the memo was true and Johnson re- President Jemin that weekend. went back into his meeting and discussed sponded, ‘‘I know, but that doesn’t matter On Thursday, October 24, 1997, Fox sent what had happened with a number of people the issue has already been decided far above Johnson a fax of his analysis. The document (Peter Leitner, Benson, Mihnovets). Benson our pay grade.’’ Johnson said the changes was transmitted at about 8:30 or 9:00 p.m. took him aside and said that the work was had to be made by 11:30 a.m. that morning. Fox stated: good, but that the ‘‘fix was in.’’ He was told Fox said Johnson also said if he didn’t ‘‘This assessment concludes that the pro- that he should not be ashamed to give in, change the opinion, he would have to explain posed arrangement presents real and sub- and that the matter had been decided at a to his Director why a GS–14 was blocking a stantial risk to the common defense and se- higher level—that there was no use falling Presidential summit. curity of both the United States and allied on his sword for this issue. (Fox noted that Fox returned to his meeting and discussed countries. It is further found that the con- Leitner incorrectly thought that Fox’s im- the matter with his colleagues (including templated action can result in a significant mediate superiors were in on the threat. Fox Peter Leitner). They told him it was a done increase of the risk of nuclear weapons tech- denies this.) deal and there was no point in him falling on nology proliferation. This assessment simi- After talking to his colleagues at the State his sword and fighting this. larly concludes that the environment sur- Department meeting, Fox called Johnson Fox called Johnson back to ask what rounding these exchange measures cannot back and asked for Johnson to send sug- would make him happy and Johnson sent guarantee timely warnings of willful diver- gested changes. Johnson faxed him the anal- over the revisions that Fox then had a sec- sion of otherwise confidential information to ysis prepared by Fox with suggested changes. retary incorporate. Johnson told him to have non-nuclear states for nuclear weapons de- (ATTACHED) Johnson also said that he someone else sign the memo because it velopment. Concurrently, the agreement, as wanted someone else to sign the analysis be- would look too obvious if he signed it after presented, cannot ensure that whatever is cause it would be too obvious that Fox had having done a memo that was initially so provided under this reciprocal arrangement been pressured to change his conclusions if different. The memo was signed out by his will be utilized solely for intended peaceful he signed it. Johnson went through a list of boss, who signed it to help him out of a dif- purposes.’’ types of people who might sign, including ficult situation. * * * * * Presidential appointees and SESs. Fox said RETALIATION AND/OR INTIMIDATION ‘‘[U]nless there exist definite, meaningful that there were no such people in his imme- When these matters became subject of an verification provisions engrafted upon this diate section and Fox suggested Dr. investigation by the Senate Governmental diplomatic agreement, there is no prac- Gallaway, a GS–15. [Johnson has a different Affairs Committee, Fox spoke with Senate ticable way of determining or enforcing ad- explanation for the request for a different investigators and believes he has been herence to the admittedly peaceful goals person to sign the analysis. He now says that blacklisted since then for telling the truth. enumerated within the proposed reciprocal it would be routine in an inter-office squab- He was in line to get a position in DTRA agreement. Without such bilateral under- ble to have a higher ranking official sign.] which came to a stop allegedly when David takings or unilateral safeguards, the pro- Fox called Gallaway, who was already Tarbell heard ‘‘things’’ about Fox. posed measure presents such significant de- aware that there was some ‘‘excitement’’ gree of risk as to be clearly inimical to the over Fox’s analysis. Fox asked for JONATHAN D. FOX, ARMS CONTROL SPE- common defense and security.’’ Gallaway’s assistance (‘‘ya gotta help me CIALIST, DEFENSE THREAT REDUCTION AGEN- He thought that his analysis might raise out’’). They had a short discussion over CY concerns, but he felt that he had to be hon- whether it would be improper for Gallaway est. I. PROFESSIONAL BACKGROUND to sign, and whether he would get into trou- The next morning, while on his way to a ble. Gallaway said he would help out and Jonathan Fox is currently an Arms Con- meeting at the State Department, he sign. trol Specialist at the Defense Threat Reduc- checked his messages and found that Mi- Fox had his secretary transmit a copy of tion Agency (‘‘DTRA’’) at the Department of chael Johnson had called at approximately the changed analysis to Gallaway, who re- Defense (formerly known as the Defense 8:30–8:45 a.m. He got a beeper notification viewed it and signed. Gallaway sent the re- Technology Security Agency or ‘‘DTSA’’). A that Johnson had called and was told that it worked analysis to Johnson about 12:15 p.m. lawyer, he was hired by the Department of was urgent. He called from State and III. INTIMIDATION AND/OR RETALIATION Defense in 1990, and in 1993 he was detailed to couldn’t get through. He left his number at handle counter proliferation duties. In 1997 the meeting and was pulled out of the meet- The threat by Johnson he was the export control coordinator. He ing at 9:30–9:45 a.m. He was told it was John- When Johnson said ‘‘You’ll be lucky if you was relieved of those duties in October of son, and that it was urgent. have a job at the end of the day,’’ Fox be- 1998 and transferred back to arms control. Fox began the conversation by asking came worried. He had only been on the as- He has received ‘‘Outstanding’’ ratings in ‘‘Okay, how bad is it?’’ Johnson responded signment that he was on for 4–5 months. every category of job performance for the ‘‘You’ll be lucky if you still have a job at the When Johnson threatened to call Fox’s Di- last three evaluations given (1995, 1996 and end of the day.’’ Fox said Johnson did not rector if a revised opinion was not sent with- 1997). Cash bonuses for his job performance sound like he was joking. Fox asked what in two hours, and when he said ‘‘he can ex- have also been recommended. He has not, the problem was and Johnson said: ‘‘It’s your plain why a GS–14 is blocking a summit,’’ however, received an evaluation since con- opinion. People read it. This has got to be re- Fox was concerned. His director had a fierce cerns over retaliation have arisen. vised. It cannot go.’’ reputation. A number of personal factors II. FOX’S CONCERNS Fox said that the analysis was true. John- also combined to make it critical that he not In late October of 1997, Fox received an ur- son said: ‘‘Yes. It’s well written. Too well lose his paycheck. In short, he was worried gent request to review a proposed state-to- written. It doesn’t matter. The matter has about the worst case scenario of Johnson’s state agreement regarding transfer of nu- already been decided far above us.’’ Johnson criticism leading to him getting fired. [In its clear technologies from the United States to did not elaborate, but Fox got the impres- briefing to the Committee, DoD lawyers ar- China. Fox was asked to write an analysis sion that the decision had been made above gued that Johnson and Fox were in different regarding implementation of a 1985 ‘‘Agree- Johnson and that Johnson was under the chains of command, and that Fox could not ment for Cooperation in the Peaceful Uses of gun. [DoD brought Michael Johnson before have been threatened by Johnson. Johnson, Atomic Energy’’ between China and the Committee investigators to give his side of however, certainly appears to be on a higher United States. The terms of this proposed re- the story. He maintains that Fox’s work was employment level than Fox. To this end, ciprocal agreement allowed annual opportu- DoD appears to be misleading the Com- nities for China and the U.S. to: Footnotes at end of article. mittee. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8171 Subsequent call from Johnson pursuant to section 131a of the Atomic En- offer which I have had no control or influ- In February of 1999, as Senate investiga- ergy Act of 1954, as amended, and subject to ence. It is an obligation not without risk, tors prepared to question Fox, Johnson the required findings and determinations de- and I would be less than honest if I did not called Fox and gave a different version of fined therein. as the parties to this agree- admit that it is undertaken with no small what had transpired. Fox said that ‘‘it didn’t ment are both nuclear weapon states, diplo- concern for my personal and professional fu- happen that way.’’ He told Johnson ‘‘you matic channels establishing mutually ac- ture prospects. know you threatened my job.’’ That was the ceptable information exchange and visit ar- Duty compels me to be here today. It is a end of the conversation. After this conversa- rangements are utilized in lieu of bilateral duty enforced by the oath I took as an attor- tion, Johnson gave Fox some more responsi- safeguard provisions. ney, and as a member of the public service. bility by making Fox the DoD representative The United States and China have nego- In its simplest form, it is the duty to obey to the Zangger Commission. Johnson was re- tiated an information exchange and tech- the law. It is the obligation to afford the sponsible for getting Fox on a delegation nical cooperation reciprocal arrangement workings of the law, and that of a duly con- that went to Vienna. which conforms to the definition of a ‘‘subse- stituted legislative inquiry, the utmost re- spect. And it is the duty to execute those re- Blacklisting from export control issues quent arrangement’’. Pursuant to section 131 of the Atomic Energy Act (42 U.S.C. Sec. sponsibilities entrusted to me without fear Fox states that he has been blacklisted 2160), the Department of Enegy has requested or favor. from any involvement with export control consultative review of this proposed imple- It is incumbent upon me to tell the truth. matters. Michael Maloof told Technology Se- menting arrangement in compliance with It is a key responsibility of public service. I curity Directorate Director Dave Tarbell the provisions of the Nuclear Non-Prolifera- am prepared to answer whatever questions that Fox wanted to do more on export con- tion Act of 1978. This memo is provided in ac- you may have with candor and honesty. My trol matters. Tarbell agreed to endorse Fox cordance with the provisions of DSWA In- answers will be grounded upon direct knowl- for a job that would enable him to do this. struction 5100.40 (which governs the agency edge, information and belief. I cannot specu- late upon things of which I have no knowl- Fox was to be moved to a temporary position response to such requests), and details the edge, and will respectfully decline to do so if that would become permanent. results of our technical assessment to the Of- Shortly thereafter, it became clear that called upon. Unfounded speculation will only fice of Secretary of Defense. hinder the progress and credibility of this in- Congressional investigators wanted to talk The terms of the reciprocal agreement are quiry, and my respect for this House is too to Fox. Fox notified DoD General Counsel relatively simple and direct. The U.S. and that he had been contacted by Senate inves- great to engage in such conduct. China will be afforded annual opportunities Two hundreds years ago, President John tigators. On a Monday in late February he to: send technical experts to each others’ was interviewed by Eliana Davidson from Adams advised his son John Quincy to civil reactor sites; observe operations and re- ‘‘Never let the institutions of polite society Pentagon General Counsel’s office. On Fri- actor fueling; exchange and share technical day of that same week Fox was interviewed substitute for honesty, integrity and char- information in the operation and mainte- acter.’’ My father, a concentration camp sur- by Senate investigators. Within days Tarbell nance of nuclear power generative and asso- told Maloof that not only was Fox not wel- vivor, memorized that phrase and taught it ciated facilities; exchange detailed con- to me when I was very young. I have always come to the position that had been under fidence-building and transparency informa- consideration, he was not welcome to any tried to comport my career in public service tion on transfer, storage and disposition of according to that standard. Whether I have job in export control. Maloof asked ‘‘Why?’’ fissionable fuels utilized for peaceful pur- and was told by Tarbell that he had ‘‘heard succeeded will be determined, to no small ex- poses; and disclose detailed reactor site oper- tent, by the impressions you carry away things.’’ Tarbell declined to be specific. ational data, to include energy generated Fox filed an IG complaint, but the IG was from today’s proceedings. and loading. unable to resolve the issue because Tarbell Mr. Chairman, members of this committee, Section 131 of the Atomic Energy Act and has declined to be specific about what hap- this concludes my opening statement. Thank related legislation requires a thorough in- pen. Fox filed an EEO complaint and the in- you for your kind indulgence. I am prepared quiry into such arrangements. The inquiry vestigator who interviewed Tarbell was told to answer any questions you may have. must address whether the contemplated that Tarbell received unsolicited informa- state action will result in a significant in- tion about Fox’s capability. Tarbell said he MEMORANDUM crease of the risk of nuclear weapons tech- didn’t remember who the person was. To: Memo to the Jonathan Fox file. nology proliferation. It must also consider Service of subpoena From: Kimberly Reed. whether the information and expertise Date: June 21, 1999. On June 21, 1999, a Committee staff mem- shared under the proposed reciprocal ar- Re Service of Jonathan Fox subpoena. ber went to Mr. Fox’s place of employment rangement could be diverted to a non-nu- to serve a subpoena to testify. She was told clear state for use in the development of a On June 21, 1999, I served Jonathan Fox a by the head security guard: ‘‘Mr. Fox talked nuclear explosive device, and whether the subpoena to testify at a June 24, 1999 hearing to the public and we don’t do that here. He U.S. can maintain an environment where it on the flow of dual-use technology to China doesn’t work here any longer.’’ The subpoena will obtain timely warning of the imminence and whistleblowers. For service, Mr. Fox gave me the DTRA was ultimately served, but the odd exchange of such diversion. address of 45045 Aviation drive, Dulles, VA prompted Mr. Fox to ask rhetorically wheth- Given that the 1987 MOU between the 20766–7515. He told me to notify the front er we think it odd that he is concerned for United States and China on this subject pro- desk security guard that I had a congres- his job. (See Attached Memo) vides for: sional subpoena and that he phone the DTRA 1. The right to obtain information required FOOTNOTES general counsel’s office and Mr. Fox. The ra- to maintain an invent of all U.S. supplied 1 Fox was shown a copy of the request when inter- tionale for this action was to give the DTRA items, and of material used in or produced viewed by Senate investigators. Thus, DoD was able general counsel’s office notice of the sub- through the use of such items; to produce the document to the Senate. We asked poena and allow them the opportunity to ac- 2. The right to confirm periodically, on- DoD for this document specifically on June 21 and cept service on behalf of Mr. Fox if this was had not received it as of June 23. site, the accuracy of the inventory and the the normal protocol. 2 Conversations are recounted to the best of Mr. specified peaceful use of all items on this in- Fox’s recollection. Arriving at DTRA at 1:30, I did as Mr. Fox ventory; instructed. The front desk security guard 3. The right to obtain this information, phoned Mr. Fox and then the general coun- DEFENSE SPECIAL WEAPONS AGENCY, and to conduct on-site confirmation of this Alexandria, VA, October 23, 1997. sel’s office. After talking to a staff member information, for as long as any such invent in the general counsel’s office, the security MEMORANDUM items remain in China or under its control. guard told me they were unable to determine To: OSD/ISP/N&I (Mr. Michael Johnson). The Defense Special Weapons Agency de- the general counsel’s protocol for subpoenas Subject: Review of Reciprocal Arrangement termines that the proposed Agreement is not (the chief general counsel was away on vaca- with People’s Republic of China. inimical to the common defense or the secu- tion). While waiting for an answer, the head In 1985, the U.S. and China negotiated an rity of the United States. security guard approached me and asked Agreement for Cooperation in the Peaceful DR. GALLAWAY. that I follow her into a room away from the Uses of Atomic Energy. As part of the imple- public (the vending machine room), where mentation of this agreement, Congress man- OPENING STATEMENT OF JONATHAN D. FOX BE- others could not overhear our conversation. dates that the President must certify that FORE THE UNITED STATES HOUSE OF REP- I believe her initials were T.P., but would any reciprocal arrangements concluded RESENTATIVES COMMITTEE ON GOVERNMENT recognize her name in a list or her by ap- thereunder must be designed to effectively REFORM, THURSDAY, JUNE 24, 1999 pearance. ensure that any nuclear materials, facilities Mr. Chairman, Members of this honorable The head security guard questioned my ac- or components provided under this agree- House: tions and I told her ‘‘I was to serve a sub- ment be utilized solely for peaceful purposes. I am obliged to appear before you today by poena on Mr. Fox to testify before Congress Congress has also determined that arrange- order of subpoena. I have neither sought nor and wanted to see the appropriate person to ments concerning information exchanges solicited this honor. It is an obligation on serve, whether it be the general counsel or and visits negotiated under this agreement my part which has arisen through disclo- Mr. Fox.’’ She approximately replied: ‘‘Mr. will be deemed ‘‘subsequent arrangements’’ sures of a public and independent nature Fox talked to the public and we don’t do H8172 CONGRESSIONAL RECORD — HOUSE September 14, 1999 that here. He doesn’t work here any longer.’’ in the media or Congress might enunciate it (Mr. WEXLER) control the time that I She seemed inquisitive and perplexed by my at an embarrassing moment, that drove the am in charge of. presence. administration to silence potential truth- The SPEAKER pro tempore (Mr. I told her that I spoke with Mr. Fox earlier tellers. HASTINGS of Washington). Is there ob- in the day and he was expecting the sub- Mr. Fox is not the only weapons expert in poena and showed her his telephone number. the government to have been instructed to jection to the request of the gentleman She returned to the front desk, where she lie or remain silent about the true con- from Connecticut? was informed that the general counsel didn’t sequences of sending military technology to There was no objection. need to see the subpoena. She phoned Mr. China. Notra Trulock and his colleagues Mr. GEJDENSON. Mr. Speaker, be- Fox (who was listed in their phone directory) were told by their superiors at the Depart- fore I do that, I yield 4 minutes to the and arranged to have me serve him at his ment of Energy that they should stop annoy- gentleman from California (Mr. LAN- building—44965 Aviation Drive. I served Mr. ing people with accounts of Chinese espio- TOS). Fox at 1:55 pm. nage at Los Alamos. Similarly, professionals Mr. LANTOS. Mr. Speaker, I rise in in the Pentagon such as Michael Maloof and support of the legislation we are con- [From the Wall Street Journal, June 10, 1999] Peter Leitner were told to keep quiet about sidering, but I want to broaden my THE ADMINISTRATION QUASHES TRUTH the approval of high-tech licenses that would comments to deal for a few moments TELLERS ON CHINA strengthen Chinese military power. Both of with our overall relations with Russia. (By Michael Ledeen) them spoke out; others remain silent. But even when the professionals stick by Last week I was in Moscow for a * * * * * their principles, their superiors have chosen lengthy and substantive discussion Despite pressure from the White House, to substitute facts with politically expedient with the foreign minister of Russia and Jonathan Fox, an attorney on the arms-con- disinformation. On at least two occasions, for a meeting with the Diplomatic Uni- trol staff of the Defense Special Weapons military experts who argued against high- versity, which trains the future dip- Agency, wrote a memo stating with cer- tech exports to China later discovered that tainty that China was a nuclear proliferator their recommendations had been altered in lomats of Russia. I think it would be a and that the proposed arrangement was ‘‘a the Pentagon’s computerized data base. very serious mistake if we would en- technology transfer agreement swaddled in Had President Reagan’s appointees at- gage over the course of the next few the comforting yet misleading terminology tempted such heavy-handed censorship, the months in bashing Russia which, in of a confidence-building measure.’’ Mr. Fox’s Democrats in Congress, constantly on the point of fact, with all of their prob- memo argued against the agreement on lookout for cooperative whistle-blowers, lems, they have made enormous these grounds: would have cried bloody murder. Yet despite It ‘‘presents real and substantial risk to achievements since the collapse of the being well aware of the level of internal cen- Soviet Empire. the common defense and security of both the sorship, Republican leaders from Rep. Dick United States and allied countries.’’ Armey to Sen. Fred Thompson have all but Now, all of us wish that the evolution It ‘‘can result in a significant increase of remained silent. Mr. Thompson’s Govern- of Russia that we have seen this past the risk of nuclear weapons technology pro- mental Affairs Committee asked the Penta- decade would have been more smooth, liferation.’’ gon’s Inspector General to investigate this would have been more democratic, ‘‘The environment surrounding these ex- matter last August. With the lightning speed would have been more friendly to our change measures cannot guarantee timely that has characterized Republican investiga- interests. But I think the fact remains warning of willful diversion of otherwise con- tions, the Inspector General’s report is due that Russia is about to have free and fidential information to non-nuclear states to arrive on June 18, nearly a year later. for nuclear weapons development.’’ Congress’s behavior is thus the reverse of open parliamentary elections; next There was no guarantee that the nuclear what it was during the Reagan years, which year, free and open presidential elec- information would be limited to non-mili- is one reason the president has breezed tions. Every Russian has a passport, tary applications in China itself. through revelations that would have threat- they are anxious for American invest- Mr. Fox noted that the Chinese chafed at ened the tenure of his predecessors. Repub- ment, and they are along many lines their inferiority to the West and ‘‘now [seek] licans have yet to present a coherent chal- working with us as a country ready to to redress that balance through industrial, lenge to the administration’s China policy, share with us some international re- academic and military espionage. China rou- and for several years have largely ignored tinely, both overtly and covertly, subverts sponsibilities as they did in Kosovo. the cries of alarm from the professionals who Now, I think it is extremely appro- national and multilateral trade controls on have spent their lives protecting our secu- militarily critical items.’’ (Those who have rity. priate that this piece of legislation been lured into the deceptive debate over We don’t yet know why Mr. Clinton chose deal with placing penalties on Russian when we knew about Chinese espionage to help arm China and why Congress has institutions that engage in prolifera- should note that civil servants like Mr. Fox, been slow to stop it. But one thing ought to tion of weapons and mass destruction well below the pay grade of National Secu- be clear: The blame for this scandal lies not technology. But I think it is equally rity Adviser Samuel Berger and Secretary of in the distant past with the Reagan adminis- important to keep the problem in per- State Madeleine Albright, were well aware of tration, which tried to prevent our military spective. There is an enormous amount the general phenomenon). technology from falling into the hands of On Oct. 24, 1997, Mr. Fox was called out of real and potential enemies, but with Mr. of anti-Americanism that permeates an interagency meeting to receive an urgent Clinton, who has consciously and systemati- Russian society today. This was a soci- telephone call. According to three people to cally done the opposite. On this point, there ety which, 15 years ago, was one of the whom he gave a contemporaneous account of must be neither doubt nor silence. two super powers on the face of this the phone conversation, he was given an ulti- Mr. GEJDENSON. Mr. Speaker, I planet. It is now a destitute, chaotic, matum from superiors in the Office of Non- Mafia-infested society with enormous Proliferation Policy in the Department of yield myself such time as I may con- Defense: either revise the memo and rec- sume to say to the gentleman from In- material and psychological problems; ommend in favor of the agreement, or look diana that I would hope he would share and I think it is extremely critical that elsewhere for employment. (Mr. Fox himself the documentation of his charges with in properly criticizing them for things declined to comment on the matter.) the members of the committee who are that they do wrong, and they have done Within an hour, all the critical language all very interested in seeing it. I have wrong by not controlling the prolifera- had been deleted, and the memo now simply no question of the gentleman, but I tion of weapons, we do not draw the concluded that the agreement ‘‘is not inim- would just hope he would share it with general conclusion that we are going ical to the common defense or the security of back again to an era of confrontation the United States.’’ Worried that his earlier other members of the committee. draft might fall into unfriendly hands, Mr. Mr. BURTON of Indiana. Mr. Speak- with Moscow. Fox’s superiors insisted that somebody else er, will the gentleman yield? There are powerful democratic forces sign the new memo. Mr. GEJDENSON. I yield to the gen- in Moscow. There are important polit- The arrangement was in place in time for tleman from Indiana. ical figures who share our values, and the summit with the Chinese ruler, who was Mr. BURTON. Mr. Speaker, I would it is important to strengthen the demo- no doubt quite satisfied that his American be happy to share them with anyone cratic forces in Russia. It is extremely friends had given him a good-conduct certifi- who would like to see these documents, important that we continue strength- cate, even though he, Mr. Clinton and the en- ening the democratic forces in Russia, tire American national-security team knew all of them. full well that China was spreading militarily Mr. GEJDENSON. Mr. Speaker, we because I predict in 10, 15, or 20 years, useful nuclear technology to such nations as would be happy to see them. Russia will again be a great power. Iran and Pakistan. Indeed, it was precisely Mr. Speaker, I ask unanimous con- Their resources are unlimited. They this knowledge, and the fear that somebody sent that the gentleman from Florida are a highly talented, well-educated, September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8173 impressive quality of people, and I technology control regime. We basi- Yeltsin’s cronies were siphoning off bil- think it is absolutely in our national cally allowed Yeltsin to tell President lions of dollars of IMF funding? Why interests to recognize our overriding Clinton, do not worry, we will conduct did you not call into question what concern in developing more cordial, a criminal investigation, and nothing Yeltsin’s cronies were doing? Why did more friendly, more ongoing relations happened. So why should we be sur- you not call into question Yuri Koptev with the people of Russia. prised, Mr. Speaker, if Russia cannot in the space agency when these trans- We should also not forget that the control proliferation? fers were taking place? Is it any won- Russian Government is facing ter- I did a floor speech last June, which der, Mr. Speaker, that the Russian peo- rorism from Islamic fundamentalists. I will include in the RECORD again, at ple have lost their confidence in Amer- In the last 10 days, there were four ex- least the study done by the Congres- ica as a friend and partner? plosions, taking the lives of hundreds sional Research Service. Mr. Speaker, I The 95 percent of the Russian people, of innocent Russian civilians in the documented 37 violations of arms con- Mr. Speaker, who are good and decent heart of Moscow, in the very heart of trol agreements in the last 6 years by people, who are not members of the Moscow. These people deserve our sup- Russia and China. Thirty-seven viola- Communist oligarchy, many of whom port, our friendship, and our coopera- tions. We imposed the required sanc- took over the reigns of the Yeltsin ad- tion; and I call on my colleagues to tions twice, and that was when we ministration, they see through this give it to them. caught China transferring M–11 mis- charade in Russia. These people saw Mr. GILMAN. Mr. Speaker, I am siles and ring magnets to Pakistan, the IMF money being bilked away, pleased to yield 7 minutes to the gen- and what did we do? After 2 years we these people saw this kind of tech- tleman from Pennsylvania (Mr. waived the sanctions. We saw tech- nology being sold abroad time and WELDON), the distinguished chairman nology flow to Iran, to Iraq, to Syria, again, and they saw this country and of the Subcommittee on Research and to Libya and North Korea from China this President ignoring the realities of Development of the Committee on and Russia. I was not surprised when the instability just so that Yeltsin Armed Services and a member of the India and Pakistan’s saber rattled, be- could be reelected again. Cox Committee. cause we saw Russia transferring tech- We have a terrible crisis on our (Mr. WELDON of Pennsylvania asked nology to India and China transferring hands, Mr. Speaker. I agree with the and was given permission to revise and technology to Pakistan. last individual who spoke. This should extend his remarks.) Mr. Speaker, the problems that are not be a time to bash Russia as a na- Mr. WELDON of Pennsylvania. Mr. inherent here are in many cases our tion, nor the Russian people, nor the Speaker, I rise today in support of this own doing, an administration that has emerging Russian leaders; and they legislation, and I thank my good friend been so preoccupied with not embar- know my position very clearly on these and colleague for yielding to me, and I rassing the relationship between Boris issues. rise as a good and long-term friend of Yeltsin and Bill Clinton that it does b 1215 the Russian people. not want to call into question, when we Mr. Speaker, I have had the pleasure have solid evidence that technology is This is a time where we have to call of traveling to Russia some 19 times. I being sent abroad illegally, and the into question our administration for will be leading another delegation to same problem with the IMF funding. helping to foster and encourage this Russia within the next 30 days. I have We did not want to embarrass Yeltsin kind of instability in Russia today. over 150 members of the Federation because his crony friends were ripping We need to pass this legislation, not Duma who are personal friends of mine, off billions of dollars of IMF money, to create the feeling in Russia that and I am working on initiatives like and we wonder why Russia is a basket somehow they are our enemy, because developing a housing mortgage financ- case. they are not. We need to pass this leg- ing system for the Russian people, The policies of this Government are islation because we need to let Russia helping them deal with the problem of turning their head the other way, are know that we will no longer tolerate nuclear waste, helping them encourage ignoring obvious violations of arms incompetence, gross abuse, and tol- more economic investment, helping to control regime violations. An obvious erate the illegal activities that the strengthen the regions and regional turning of our head when billions of Yeltzin government foisted on the Rus- leaders; and right now in fact I have 20 dollars of IMF money is going to the sian people for the past 7 years while young Russian leaders coming to my failed oligarchs who corrupted the Rus- we turned our heads, pretending that district as a part of an exchange pro- sian banking system are many of the these situations were not real. gram that we started this past summer reasons why Russia today is a basket I urge my colleagues to support this where 2,000 young Russians are coming case economically and politically. legislation, as they did 2 years ago. In to America; and I just initiated a new We passed the Iran missile sanctions fact, Mr. Speaker, when President Clin- program to have staff members in this bill in the last session with 395 votes in ton vetoed the bill that the distin- Congress engage and participate with this body, and 96 votes in the Senate, guished chairman and the distin- exchanges with staff members of the in spite of Vice President GORE lob- guished gentlewoman from California, Russian Duma. bying 12 of us personally. The gen- Ms. Harman, introduced in the House, All that being said, this legislation is tleman from New York (Mr. GILMAN) we could have overridden that veto. necessary not because we have a prob- was there, Mr. Hamilton of Indiana was But it was the Speaker of the House, a lem with the Russian people, but in my there, Senator LEVIN was there, I was month before the congressional elec- opinion because of the policies of this there, twice not to pass that bill, be- tions, who said that we would not be administration, which have helped cause the Congress has lost confidence allowed to vote to override the Presi- cause the instability in Russia, both that this administration can stop pro- dent’s veto. economically and politically. liferation. I am convinced had we had that vote, Mr. Speaker, proliferation is out of And this is not a Republican issue. with the support of AIPAC, and they control in Russia, not just in words or Democrats and Republicans have were in the room when we met with the rhetoric. I have here, Mr. Speaker, a joined together and said to this admin- Speaker, with the support of those peo- Russian accelerometer and a Russian istration, we cannot keep bolstering up ple concerned with proliferation, we gyroscope. These were clipped off of Yeltsin when it is obvious the system would have sent this administration Russian SSM–19 missiles. We caught around him is corrupt and all we have this signal 2 years ago. them, Mr. Speaker, not once, not done is reinforce Yeltsin’s leadership, Here we are 2 years later. Technology twice, but three times, being trans- and now we are paying the price. is still flowing. The fat cat oligarchs ferred from Russia to Iraq. In fact, Mr. The Russian people and the members are still getting richer and the Russian Speaker, we have over 100 sets of these of the Duma look at us and they say, people are still suffering. I urge my devices. where were you, America, when you ba- colleagues to support this legislation. We did nothing about the transfer, sically turned the other cheek and pre- Mr. WEXLER. Mr. Speaker, I yield 2 Mr. Speaker. We did not impose the re- tended these transfers were not taking minutes to the gentleman from New quired sanctions under the missile place? Where were you, America, when Jersey (Mr. ROTHMAN). H8174 CONGRESSIONAL RECORD — HOUSE September 14, 1999 (Mr. ROTHMAN asked and was given one step closer to nonproliferation of One thing we know, it has been re- permission to revise and extend his re- weapons of mass destruction in the ported everywhere and we all know it, marks.) Middle East and throughout the world Iran is on a program to develop nu- Mr. ROTHMAN. Mr. Speaker, I want by taking actions to stop foreign com- clear, chemical, biological weapons and to thank the gentleman for yielding panies from exporting goods, services, the ballistic missiles to deliver those time to me. and technology that can make a mate- weapons. Iran has determined that that Let me see if I can remind my friends rial contribution to Iran’s weapons of is in their national interests. in this body that we are talking today mass destruction programs. A recent CIA report estimates that in about the Iran Nonproliferation Act of I believe we must take any and all the next few years Iran could test a 1999. We are talking about the Iran actions to stop the spread of weapons long-range missile capable of deliv- Nonproliferation Act. of mass destruction in the Middle East ering a small payload to many parts of We live in a hostile and dangerous and throughout the world. the United States. Within a decade, world. One of the reasons why the The statistics of weapons of mass de- Iran could test a more advanced nu- world is so hostile and dangerous is be- struction are terrifying, to say the clear-capable ICBM. cause there are nations like Iran who least. In terms of nuclear weapons, for Again, my goal is not to demonize are committed to wreaking havoc in example, we know that over 36,000 nu- Iran. I would welcome improved U.S. their region and literally all over the clear warheads exist between the nu- ties with Iran. If they would simply globe. If Iran were to be successful in clear powers. stop supporting Hamas and other ter- its intended desire to send weapons of I have just returned from a visit to rorist groups who seek to disrupt the mass destruction, biological, chemical, Israel with several of my colleagues. Middle East peace process, release the and nuclear devices, not only to our The security concerns of the entire re- 13 Jews currently in detention, and friends and allies in the Middle East gion are great, but so are the prospects otherwise moderate their behavior, I but to our friends and allies in Europe, for peace. This bill, the Iran Non- would like to have our relationship they also would love to develop and proliferation Act, moves us toward with Iran improve. have intended to develop the tech- both, peace and security. But no matter what the status of our nology to send those weapons of mass Foreign companies, just as any com- bilateral relationship, it will always be destruction to the United States of pany, are in the business of making in our clear interest to prevent or America. That is why I support the profits. Exporting goods, services, and delay Iran’s acquisition of weapons of Iran Nonproliferation Act of 1999. technology that contribute to Iran’s mass destruction. I doubt we will ever So it is important for us to keep our weapons of mass destruction program convince the Iranians to halt their eye on the ball here in Congress, and allows billions of dollars to be made to weapons programs. Therefore, the next note that with regard to this law that create a more hostile region and a best thing we can do is to do every- we are proposing, we want to remind more hostile world. This bill is a seri- thing in our power to cut off the flow everyone that it is Iran, as well as Iraq ous effort to tailor sanctions to foreign of technology and expertise from other and North Korea, who make this world companies that are the true wrong- countries to Iran. dangerous, but this bill has to do with doers. This legislation will do several Iran. As we move into the next millenium, things. First, it will help us get a more I would also like to say it is a re- we need to work with Russia, our complete picture of which foreign enti- minder to nations like Russia and friend in the Middle East, and those ties are transferring technology to China that the Congress of the United who are not our friends to find ways to Iran, and authorize, he already has the States will not forgive their assisting create security and a lasting peace for power, but authorize, it will authorize Iran in developing these weapons of our children. Selling technology that even more clearly, but not require, the mass destruction and the technology to would destroy the world certainly President to impose sanctions on those deliver these weapons to not only the takes us in the wrong direction. entities. United States but to our allies around I thank the gentleman from New Congress has a right to know and un- the world. York (Mr. GILMAN) of the Committee derstand the full extent of the pro- There is a great deal of wishful on International Relations, and the liferation to Iran. This bill helps to thinking with regard to our enemies. ranking member, the gentleman from provide that information to the Con- We in America would like to believe Connecticut (Mr. GEJDENSON), for mov- gress. The bill will also limit extraor- that people around the world have as ing forward with this legislation in a dinary payments to Russia for the good intentions, as warm hearts, as we bipartisan manner. I join and urge my international Space Station. Certain do. Not everyone is like us. colleagues to support H.R. 1883. exemptions have been made, but it will The people of Iran need to create a Mr. WEXLER. Mr. Speaker, I yield limit the extraordinary payments and government in Iran which will stop 41⁄2 minutes to the gentleman from new programs on the Space Station; in threatening the peace of the world. California (Mr. BERMAN). other words, payments for work that That is not the case yet. Iran is a dan- Mr. BERMAN. Mr. Speaker, I thank Russia already pledged to do at their ger to the world. It must be isolated, it my friend, the gentleman from Florida, own expense, unless the President cer- must be stopped, until they are ready for yielding me the time. tifies that the Russian Government is to join the family of nations in peace. First, I would like to express my sin- taking concrete steps to stop prolifera- This legislation will help. cere appreciation to the gentleman tion and that the Russian space agency The SPEAKER pro tempore (Mr. from New York (Chairman GILMAN) for and the entities under its jurisdiction BONILLA). The gentleman from Florida introducing the legislation, for allow- or control have stopped making unau- (Mr. WEXLER) has 8 minutes remaining ing me to be a participant in the devel- thorized transfers. and the gentleman from New York (Mr. opment of the legislation and its co- I do not want to bash Russia. I am GILMAN) has 2 minutes remaining, so sponsorship, and to the Republican not interested in playing the blame the Chair will continue to recognize leadership for putting the bill over game, as some of my colleagues are the gentleman from Florida (Mr. until after the recess to deal with some right now, for this situation in Russia WEXLER) to yield time. of the concerns and misunderstandings and the U.S. policy towards Russia. Mr. WEXLER. Mr. Speaker, I yield 2 that I think would have existed which I believe, particularly in the last cou- minutes to the gentlewoman from Cali- would have impeded the progress of ple of years, that this administration fornia (Ms. LEE). this bill, had we rushed to a markup has made great efforts to try and per- Ms. LEE. Mr. Speaker, as a cosponsor the last week before the recess. I do ap- suade the Russians to do more to stop of this legislation and one who has preciate that delay. the proliferation. I believe Russia and strongly supported and will continue to I rise in very strong support of the its top leadership understand that pro- support disarmament and peace initia- bill. The purpose of this legislation is liferation to Iran is no more in their tives throughout the world, I rise in not to bash Russia. It is not to kill the interest than it is in our interest. strong support of H.R. 1883. It is my be- Space Station. It is not even to bash But the fact is that if, in a program lief that this legislation will move us Iran. that we are participating in through September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8175 the Russian space agency, they allow Mr. GILMAN. Mr. Speaker, I yield our Russian partners. It is worth noting that their own subsidiaries and subordinate myself such time as I may consume. the administration has already moved to curb agencies that they can control to pro- Mr. Speaker, I want to thank the the proliferation of weapons of mass destruc- liferate and to continue that tech- gentleman on the other side for mak- tion and is also committed to imposing trade nology, they should not expect to be ing this a strong bipartisan appeal to sanctions on those who violate the Missile partners with us in new programs. stop this kind of action in supporting Technology Control Regime. A year ago, the They have to make a choice. Iran’s development of long-range mis- administration sanctioned seven Russian aero- The entity that is a joint venture, siles. 5 space enterprises for possible violations of the the entity that is a joint venture with Ms. JACKSON-LEE of Texas. Mr. Speaker, Missile Technology Control Regime. Poten- us, with Lockheed on the launches, has I rise to support this bill. Initially, I was hesitant tially lost in this issue is the fact that Russian understood that and has made that to support the Iran Nonproliferation Act of Space Agency has attempted to make the choice, and has resisted any tempta- 1999. But this bill has undergone many transition from military technology to civilian tions to proliferate. We want the Rus- changes in the International Relations Com- and space related technology. One reason sian space agency to do the same thing mittee and in the Science Committee, of which that this transition has been slow is because with all their agencies. That is why I am a Member, and I am hopeful that this bill Russia simply cannot pay its scientists to com- this legislation, prospective in nature, will adequately prevent nuclear proliferation plete the transition. As confirmed by NASA the is being introduced. while providing fair treatment to our Russian subsidies to the Russian Space Agency cou- I congratulate the chairman, again, counterparts. pled with the work that they perform on the and the other cosponsors, and urge its I am cognizant of the continuing United International Space Station help America's adoption. States concerns with nuclear proliferation, and non-proliferation policy. Mr. WEXLER. Mr. Speaker, I yield clearly we all understand the significance and This bill has come a long way. I am glad myself such time as I may consume. importance of the proliferation issue. We must that we have done much to improve it, for we Mr. Speaker, I strongly urge my col- keep ever vigilant for the leakage of our mili- do not want to alienate our Russian partners, leagues to think twice before believing tary secrets, and I have been an ardent sup- nor do we want to undermine the efforts of recent rumors that the Iranian govern- porter of nonproliferation policies. I realize NASA. While I can appreciate the national se- ment has moderated its hardline poli- from my briefings on the subject that Iran curity interests that have guided this bill to us, cies towards the United States and our seems determined to develop a nuclear weap- I am fully aware of the concerns expressed by allies in the Middle East. The so-called ons program. Their ballistic missile arsenal al- NASA. NASA seems concerned about Rus- moderate Iranian government has not ready contains the Shahab 4 and the Shahab sian reaction to the passage of this bill. A neg- ended its program to build weapons of 3 missile and there is an apparent effort to de- ative reaction by the Russians could erode mass destruction, and it continues to velop a new missile called the Kosar. It is away the sense of goodwill that has been support terrorist groups that commit even more evident from the nuclear race be- forged by the International Space Station. up conscionable acts of death and de- tween India and Pakistan that the United I am hopeful that this bill will have the de- struction. States has a vested interest in seeing further sired effect on the proliferation of our country's The Iranian government also remains proliferation halted. As we strive towards our secrets, and for that reason, I support his bill. adamantly opposed to the Middle East goal we must ensure that our good intentions Mr. CLEMENT. Mr. Speaker, I rise today in peace process. Make no mistake about are not misdirected. strong support of H.R. 1883, the Iran Non- it, an unstable Iranian regime with I appreciate Representative WELDON's proliferation Act. As a cosponsor of this meas- weapons of mass destruction is a threat amendment to this bill in the Science Com- ure, it is my hope that the House will adopt to the entire world and to the fragile mittee, and this amendment has done much to this bill. As a member of the International Re- peace evolving in the Middle East. clarify the definition of ``maintenance'' in re- lations Committee and a strong supporter of Since the end of the Cold War, mis- gards to the Service Module. I must acknowl- Israel, I believe that we must send a strong sile and weapons technology has flowed edge my disappointment in the fact that I was signal to Iran that we will not tolerate nuclear unhindered from foreign companies to unable to add ``safety functions'' to this proliferation. We must not tolerate countries Iran. The United States must lead the amendment. Considering that the amendment supplying military technology to Iran which has fight to stop foreign companies from included environmental control, life support, flight tested a missile capable of hitting Israel. exporting their services and tech- and orbital maintenance under the definition of The threat of nuclear proliferation is not only nologies to Iran. H.R. 1883 allows the activities under maintenance, it seems to me a serious destabilizing force in the Middle United States to sanction foreign com- that ``safety functions'' logically should be in- East, but it endangers American interests as panies contributing to Iran’s weapons cluded in this list. It is my hope that the intent well. Maintaining and enhancing the political buildup. of the bill will incorporate this notion. Russian companies in particular have The Iran Nonproliferation Act of 1999 cre- and economic stability of our allies in the re- been guilty of providing the Iranian ates Congressional oversight of proliferation to gion and supporting the Middle East peace government with weapons technology. Iran by requiring the President to report to process must be two of our top foreign policy The Iran Nonproliferation Act holds Congress every six months regarding all for- goals for this part of the world. the Russian government and Russian eign entities and any transfers of goods, serv- I urge my colleagues to support this bill and companies accountable for the flow of ices, or technologies to Iran. The bill also au- send a clear signal that we will not tolerate nu- technology and services reportedly thorizes the President to apply punitive meas- clear proliferation and that we are determined transferred to Iran. ures to those entities that permit the prolifera- to do what is necessary to bring peace to this The greatest threat to the security of tion to Iran. troubled region. the United States in the next century This piece of legislation does not require the Mr. NETHERCUTT. Mr. Speaker, I strongly will be posed by nations that are gov- President to apply punitive measures; instead support this legislation and am proud to be a erned by unstable regimes like Iran, it simply gives him the option to do so. We do cosponsor. We send a clear message to Rus- Iraq, and North Korea that are devel- not want to implement procedures that are too sia with this legislation that any assistance to oping weapons of mass destruction. Our harsh, nor do we want to diminish the author- Iran with weapons of mass destruction or mis- own intelligence agencies have warned ity of the President. sile systems will be grounds for ending fruitful us that in a short time these nations This bill comes under the jurisdiction of scientific relationships with the United States. may have the capability to strike cit- Committee on Science because of Section 6. We are forcing Russian scientists and govern- ies in the United States. This legislation could prohibit our Nation from ment entities to choose between a symbol of I strongly urge my colleagues to sup- making ``extraordinary payments in connection international peace, the space station, and the port this legislation and send a strong with the International Space Station'' to the proliferation of deadly technologies. message that the United States will Russian Space Agency or entities under the When the Science Committee considered not tolerate individuals and companies Russian Space Station jurisdiction unless the this legislation last week, it accepted an aiding rogue regimes in their deadly ef- President determines that it is the policy of the amendment I offered that tightens the bill forts. Russian government to oppose proliferation to slightly. The Government of Russia has con- Mr. Speaker, I have no further re- Iran. sistently argued that ``rogue'' elements within quests for time, and I yield back the While we want to preserve our country's the scientific and military establishment are balance of my time. military secrets, we must also remain fair to exporting deadly technologies to Iran. It is H8176 CONGRESSIONAL RECORD — HOUSE September 14, 1999 conceivable that this fiction could be main- may become an all too real nightmare for the stopping proliferationÐRussian contributions tained, and private labs or independent agen- United States and our Middle Eastern allies. to the International Space Station, a perma- cies could continue to proliferate to Iran, even Former Israeli Prime Minister Binyamin nently inhabited research facility in space, in as they receive taxpayer funding for work on Netanyahu put it best when he stated, ``The fact are not close to the weapons technologies the ISS. This legislation ensures that this building of a nuclear reactor in Iran only that are of so much concern to us, and we would not be the case, as the bill now pro- makes it likelier that Iran will equip its ballistic should encourage the Russians to continue on hibits extraordinary payments for the ISS to missiles with nuclear warheads . . . Such a with us in the peaceful exploration of space. any foreign person or entity that Secretary of development threatens peace, the whole re- In addition, the reporting requirements of State finds has materially contributed or at- gion and in the end, the Russians them- Section 6 unnecessarily duplicate other sec- tempted to contribute to the proliferation of selves.'' tions of the bill. Section 2 already requires that WMD or missile technology. The legislation Given the potential threat of a nuclear- the President identify every Russian against also prohibits the indirect financing of such armed Iran, I believe it appropriate to withhold whom ``credible information'' exists regarding proliferators through another entity. For exam- the $590 million in U.S. assistance for the tech transfers to Iran. This is, in fact, a harder ple, NASA could not make a payment to the Russian contribution to the International Space test than the requirement for a ``policy'' certifi- RSA if it knew that a subcontractor for the Station. cation from the President. I support this bill work was involved previously with proliferation. If Russian policymakers see the danger of with the hope that my concerns will be ad- This is consistent with Executive orders their activities, they can certify that they are dressed by all parties involved, at a later date. 12938 and 13094 which prescribe procure- not transferring technology that would help de- Mr. HALL of Texas. Mr. Speaker, I would ment, assistance, and import bans for prolifer- velop weapons of mass destruction and aid like to speak in support of H.R. 1883. As you ating entities or countries. The current legis- will resume. know, I am a cosponsor of H.R. 1883. I think lating essentially codifies these Executive Or- Mr. Speaker, the House took similar action that it is a useful bill, and one which I believe ders, raising their profile and raising the when we passed H.R. 1477, the Iran Nuclear has been improved by an amendment that I stakes for Russian entities that choose to en- Proliferation Prevention Act of 1999 by a vote offered at the Science Committee's markup of gage in proliferative activities. of 383 to 1. H.R. 1477 withholds the U.S. vol- the bill last week. I am pleased to see that my With this bill, we demonstrate to Russian untary contributions from programs and language has been included in the bill that is entities that there is a long-term consequence projects of the International Atomic Energy before the House today. Basically, my amend- to cooperating with Iran on missile or WMD Agency in Iran unless the Secretary of State ment shortened the notification requirements programs. H.R. 1883 terminates ISS funding makes a determination that they will not pro- in order to avoid unnecessary bureaucratic for these Russian labs if they have been des- vide Iran with training or expertise relevant to delays and costs that do nothing to enhance ignated as proliferators subject to the execu- nuclear programs' development. our security. tive orders. I was proud to be an original cosponsor of In addition, it corrected a problem that had As the President said in his statement on the Iran Nuclear Proliferation Act, and I am arisen when an amendment was adopted by EO 13094, ``being able to offer both incentives proud to be a cosponsor of the Iran Non- the Science Committee's Space Sub- and disincentives enhances our capacity to proliferation Act. committee in its markup of the bill. That Sub- deal with these threats.'' Clearly, this bill also Mr. Speaker, H.R. 1883 passed the Inter- committee markup had included an amend- allows for incentives and disincentives. Rus- national Relations Committee, on which I am ment requiring partial transfer of Service Mod- sian entities are encouraged to work with proud to serve, by a vote of 33 to 0. I urge my ule ownership to the United States in the NASA on space station issues and are firmly fellow Members to give this legislation the event of any extraordinary payments. My discouraged from working with Iran. In a state- same overwhelming support on the floor, that amendment changed that to ``goods and serv- ment on the same Executive Order, Vice we gave it in Committee. ices''. The issue of transferring ownership of President GORE said that ``today's Executive Mr. LAMPSON. Mr. Speaker, I listened very the Service Module is a complicated one in Order . . . will explicitly bar assistance to carefully to Chairman SENSENBRENNER's open- light of the existing international agreements. and imports from entities now being inves- ing remarks during the hearing on this bill a And I don't think that we'd really want to own tigated by Russia.'' Again, we are going no couple of months ago. He stated that ``We part of the Service Module in any event. further than the Administration's stated intent must ensure that the Russian government is Most members would agree with me, I think, of barring assistance to proliferative entities. not facilitating the proliferation of missile tech- that controlling the proliferation of weapons of This is an important bill and I urge my col- nology * * * If the President finds that Russia mass destruction is one of the most important leagues to support it. is contributing to Iran's attempts to acquire challenges facing our nation. I think that this Mr. CROWLEY. Mr. Speaker, I rise today in weapons of mass destruction and ballistic mis- bill helps address that challenge, and I urge strong support of H.R. 1883, the Iran Non- siles, then the bill prohibits NASA from trans- Members to vote to suspend the rules and proliferation Act of 1999. ferring U.S. tax dollars to the Russian Space pass H.R. 1883. Everyone in this Congress is aware that Iran Agency and any enterprise under its jurisdic- Mr. GILMAN. Mr. Speaker, I yield has continually threatened the peace and se- tion.'' I can't agree more with the intent of this back the balance of my time. curity of the Middle East. Even today, Iran is statement. The SPEAKER pro tempore. The still committed to the destruction of Israel, op- During Committee markup, I had planned on question is on the motion offered by poses the Middle East peace process and offering an amendment to this bill that I be- the gentleman from New York (Mr. supports terrorist groups such as Hamas. In lieve would have clarified and honored the GILMAN) that the House suspend the fact, Iran remains the world's leading sponsor original intent of the bill by changing the na- rules and pass the bill, H.R. 1883, as of international terrorism. ture of Section 6 to one that would have pro- amended. Despite these very real security concerns, hibited payments if proliferation was to occur, The question was taken. cash strapped Russia has supported the $800 but wouldn't require advance certification that Mr. GILMAN. Mr. Speaker, on that I million Bushehr project, a 1000-megawatt it hasn't. No one will disagree, I believe, that demand the yeas and nays. light-water reactor, in southern Iran. we should punish cheating, and this amend- The yeas and nays were ordered. Why Iran needs such a reactor remains an ment would have achieved that goal in a less The SPEAKER pro tempore. This 15- open question because Iran has one of the burdensome manner than the existing provi- minute vote on H.R. 1883 will be fol- world's largest oil and natural gas reserves. sion. lowed by a 5-minute vote on the mo- However, many security experts believe that However, I decided against offering this tion to instruct conferees offered by such projects provide good cover to a nuclear amendment. While I still have major concerns the gentlewoman from California (Ms. that Section 6 will not materially improve the weapons program and provide Iranian techni- PELOSI). cians with expertise in the development of nu- effectiveness of this legislation in discouraging The vote was taken by electronic de- clear weapons. weapons technology transfer to Iran, and will vice, and there were—yeas 419, nays 0, These developments, along with Iran's suc- cast a shadow over the greatest example of not voting 14, as follows: cessful test of the Shahab-3 missile, with a international cooperation in the peaceful use [Roll No. 409] range of 800 miles, pose the greatest risk to of space, I will reluctantly support H.R. 1883. Middle Eastern stability in history. That being said, I will diligently work to have YEAS—419 Mr. Speaker, the results of an Iran armed the section relating to Space Station removed Abercrombie Allen Armey Ackerman Andrews Bachus with nuclear weapons are almost too horrifying as soon as possible. I continue to believe that Aderholt Archer Baird to imagine. But, if current trends continue, it singling out Space Station is not the answer to September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8177 Baker Edwards LaFalce Rahall Shimkus Tiahrt [Roll No. 410] Baldacci Ehlers LaHood Ramstad Shows Tierney AYES—419 Baldwin Ehrlich Lampson Rangel Shuster Toomey Ballenger Emerson Lantos Regula Simpson Towns Abercrombie Deutsch Kanjorski Barcia Engel Largent Reyes Sisisky Traficant Ackerman Diaz-Balart Kasich Barr English Larson Reynolds Skeen Turner Aderholt Dickey Kelly Barrett (NE) Eshoo Latham Riley Skelton Udall (CO) Allen Dicks Kennedy Barrett (WI) Etheridge LaTourette Rivers Slaughter Udall (NM) Andrews Dingell Kildee Bartlett Evans Lazio Rodriguez Smith (MI) Upton Archer Dixon Kilpatrick Barton Everett Leach Roemer Smith (NJ) Velazquez Armey Doggett Kind (WI) Bass Ewing Lee Rogan Smith (TX) Vento Bachus Dooley King (NY) Bateman Farr Levin Rogers Smith (WA) Visclosky Baird Doolittle Kleczka Bentsen Filner Lewis (CA) Rohrabacher Snyder Vitter Baker Doyle Klink Bereuter Fletcher Lewis (GA) Rothman Souder Walden Baldacci Dreier Knollenberg Berkley Foley Lewis (KY) Roukema Spence Walsh Baldwin Duncan Kolbe Berman Forbes Linder Roybal-Allard Spratt Wamp Ballenger Dunn Kucinich Berry Ford Lipinski Royce Stabenow Waters Barcia Edwards Kuykendall Biggert Fossella LoBiondo Rush Stark Watkins Barr Ehlers LaFalce Bilbray Fowler Lofgren Ryan (WI) Stearns Watt (NC) Barrett (NE) Ehrlich LaHood Bilirakis Frank (MA) Lowey Ryun (KS) Stenholm Watts (OK) Barrett (WI) Emerson Lampson Bishop Franks (NJ) Lucas (KY) Sabo Strickland Waxman Bartlett Engel Lantos Blagojevich Frelinghuysen Lucas (OK) Salmon Stump Weiner Barton English Largent Bliley Frost Luther Sanchez Stupak Weldon (FL) Bass Eshoo Larson Blumenauer Gallegly Maloney (CT) Sanders Sununu Weldon (PA) Bateman Etheridge Latham Blunt Ganske Maloney (NY) Sandlin Sweeney Weller Becerra Evans LaTourette Boehlert Gejdenson Manzullo Sanford Talent Wexler Bentsen Everett Lazio Boehner Gekas Markey Sawyer Tancredo Weygand Bereuter Ewing Leach Bonior Gephardt Martinez Saxton Tanner Whitfield Berkley Farr Lee Bono Gibbons Mascara Scarborough Tauscher Wicker Berman Filner Levin Borski Gilchrest Matsui Schaffer Tauzin Wilson Berry Fletcher Lewis (CA) Boswell Gillmor McCarthy (MO) Schakowsky Taylor (MS) Wise Biggert Foley Lewis (GA) Scott Taylor (NC) Wolf Bilbray Forbes Lewis (KY) Boucher Gilman McCarthy (NY) Sensenbrenner Terry Woolsey Bilirakis Ford Linder Boyd Gonzalez McCollum Serrano Thomas Wu Bishop Fossella Lipinski Brady (PA) Goode McCrery Sessions Thompson (CA) Wynn Blagojevich Fowler LoBiondo Brady (TX) Goodlatte McGovern Shadegg Thompson (MS) Young (AK) Bliley Frank (MA) Lofgren Brown (FL) Goodling McHugh Shays Thornberry Young (FL) Blumenauer Franks (NJ) Lowey Brown (OH) Gordon McInnis Sherman Thune Blunt Frelinghuysen Lucas (KY) Bryant Goss McIntosh Sherwood Thurman Boehlert Frost Lucas (OK) Burr Graham McIntyre Boehner Gallegly Luther Burton Granger McKeon NOT VOTING—14 Bonilla Ganske Maloney (CT) Buyer Green (TX) McKinney Becerra Jefferson Porter Bonior Gejdenson Maloney (NY) Callahan Green (WI) McNulty Bonilla Jones (NC) Pryce (OH) Bono Gekas Manzullo Calvert Greenwood Meehan Deal Kaptur Ros-Lehtinen Borski Gephardt Markey Camp Gutierrez Meek (FL) Fattah Kingston Shaw Boswell Gibbons Martinez Campbell Gutknecht Meeks (NY) Hastings (FL) McDermott Boucher Gilchrest Mascara Canady Hall (OH) Menendez Boyd Gillmor Matsui Cannon Hall (TX) Metcalf b 1250 Brady (PA) Gilman McCarthy (MO) Capps Hansen Mica Brady (TX) Gonzalez McCarthy (NY) Capuano Hastings (WA) Millender- So (two-thirds having voted in favor Brown (FL) Goode McCollum Cardin Hayes McDonald thereof) the rules were suspended and Brown (OH) Goodlatte McCrery Carson Hayworth Miller (FL) the bill, as amended, was passed. Bryant Gordon McDermott Castle Hefley Miller, Gary The result of the vote was announced Burr Goss McGovern Chabot Herger Miller, George Burton Graham McHugh Chambliss Hill (IN) Minge as above recorded. Callahan Granger McInnis Chenoweth Hill (MT) Mink A motion to reconsider was laid on Calvert Green (TX) McIntosh Clay Hilleary Moakley the table. Camp Green (WI) McIntyre Clayton Hilliard Mollohan Stated for: Campbell Greenwood McKeon Clement Hinchey Moore Canady Gutierrez McKinney Clyburn Hinojosa Moran (KS) Mr. JONES of North Carolina. Mr. Speaker, Cannon Gutknecht McNulty Coble Hobson Moran (VA) on rollcall No. 409, I was unavoidably de- Capps Hall (OH) Meehan Coburn Hoeffel Morella tained. Had I been present, I would have Capuano Hall (TX) Meek (FL) Collins Hoekstra Murtha Cardin Hansen Meeks (NY) Combest Holden Myrick voted ``yes.'' Carson Hastings (WA) Menendez Condit Holt Nadler f Castle Hayes Metcalf Conyers Hooley Napolitano Chabot Hayworth Mica Cook Horn Neal APPOINTMENT OF CONFEREES ON Chambliss Hefley Millender- Cooksey Hostettler Nethercutt H.R. 2606, FOREIGN OPERATIONS, Chenoweth Herger McDonald Costello Houghton Ney EXPORT FINANCING, AND RE- Clay Hill (IN) Miller (FL) Cox Hoyer Northup Clayton Hill (MT) Miller, Gary Coyne Hulshof Norwood LATED PROGRAMS OPERATIONS Clement Hilliard Miller, George Cramer Hunter Nussle ACT, 2000 Clyburn Hinchey Minge Crane Hutchinson Oberstar Coble Hinojosa Mink Crowley Hyde Obey MOTION TO INSTRUCT OFFERED BY MS. PELOSI Coburn Hobson Moakley Cubin Inslee Olver The SPEAKER pro tempore (Mr. Collins Hoeffel Mollohan Cummings Isakson Ortiz BONILLA). The pending business is the Combest Hoekstra Moore Cunningham Istook Ose Condit Holden Moran (KS) Danner Jackson (IL) Owens question of agreeing to the motion to Conyers Holt Moran (VA) Davis (FL) Jackson-Lee Oxley instruct offered by the gentlewoman Cook Hooley Morella Davis (IL) (TX) Packard ELOSI Cooksey Horn Murtha Davis (VA) Jenkins Pallone from California (Ms. P ). The Clerk read the title of the bill. Costello Hostettler Myrick DeFazio John Pascrell Cox Houghton Nadler DeGette Johnson (CT) Pastor The SPEAKER pro tempore. The Coyne Hoyer Napolitano Delahunt Johnson, E. B. Paul question is on the motion to instruct Cramer Hulshof Neal DeLauro Johnson, Sam Payne offered by the gentlewoman from Cali- Crane Hunter Nethercutt DeLay Jones (OH) Pease Crowley Hutchinson Ney DeMint Kanjorski Pelosi fornia (Ms. PELOSI). Cubin Hyde Northup Deutsch Kasich Peterson (MN) The question was taken; and the Cummings Inslee Norwood Diaz-Balart Kelly Peterson (PA) Speaker pro tempore announced that Cunningham Isakson Nussle Dickey Kennedy Petri the ayes appeared to have it. Danner Istook Oberstar Dicks Kildee Phelps Davis (FL) Jackson (IL) Obey Dingell Kilpatrick Pickering RECORDED VOTE Davis (IL) Jackson-Lee Olver Dixon Kind (WI) Pickett Ms. PELOSI. Mr. Speaker, I demand Davis (VA) (TX) Ortiz Doggett King (NY) Pitts DeFazio Jenkins Ose Dooley Kleczka Pombo a recorded vote. DeGette John Owens Doolittle Klink Pomeroy A recorded vote was ordered. Delahunt Johnson (CT) Oxley Doyle Knollenberg Portman The vote was taken by electronic de- DeLauro Johnson, E. B. Packard Dreier Kolbe Price (NC) vice, and there were—ayes 419, noes 0, DeLay Johnson, Sam Pallone Duncan Kucinich Quinn DeMint Jones (OH) Pascrell Dunn Kuykendall Radanovich not voting 14, as follows: H8178 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Pastor Saxton Thomas H. RES. 283 After the disposition of those amend- Paul Scarborough Thompson (CA) Resolved, That at any time after the adop- Payne Schaffer Thompson (MS) ments, the rule makes in order three Pease Schakowsky Thornberry tion of this resolution the Speaker may, pur- substitutes by the gentleman from Pelosi Scott Thune suant to clause 2(b) of rule XVIII, declare the California (Mr. DOOLITTLE), the gen- House resolved into the Committee of the Peterson (MN) Sensenbrenner Thurman tleman from Arkansas (Mr. HUTCH- Peterson (PA) Serrano Tiahrt Whole House on the state of the Union for Petri Sessions Tierney consideration of the bill (H.R. 417) to amend INSON) and the gentleman from Cali- Phelps Shadegg Toomey the Federal Election Campaign Act of 1971 to fornia (Mr. THOMAS) which are debat- Pickering Shays Towns reform the financing of campaigns for elec- able for 40 minutes each. The Doolittle Pickett Sherman Traficant tions for Federal office, and for other pur- Pitts Sherwood Turner and Hutchinson substitutes were re- Pombo Shimkus Udall (CO) poses. The first reading of the bill shall be ported without recommendation by the Pomeroy Shows Udall (NM) dispensed with. General debate shall be con- Committee on House Administration Portman Shuster Upton fined to the bill and shall not exceed one and the Thomas substitute was favor- Price (NC) Simpson Velazquez hour equally divided and controlled by the Quinn Sisisky Vento chairman and ranking minority member of ably reported. Radanovich Skeen Visclosky the Committee on House Administration. The rule waives all points of order Rahall Skelton Vitter After general debate the bill shall be consid- against these amendments except that Ramstad Slaughter Walden ered for amendment under the five-minute Rangel Smith (MI) Walsh the adoption of an amendment in the Regula Smith (NJ) Wamp rule. The bill shall be considered as read. No nature of a substitute shall constitute amendment to the bill shall be in order ex- Reyes Smith (TX) Waters the conclusion of consideration of the Reynolds Smith (WA) Watkins cept those printed in the report of the Com- Riley Snyder Watt (NC) mittee on Rules accompanying this resolu- bill for amendment which, and I will Rivers Souder Watts (OK) tion. Each amendment may be offered only underscore this, Mr. Speaker, is the Rodriguez Spence Waxman in the order printed in the report, may be of- standard amendment process in the Roemer Spratt Weiner fered only by a Member designated in the re- House. So this process that we are Rogan Stabenow Weldon (FL) port, shall be considered as read, shall be de- Rogers Stark Weldon (PA) going to be proceeding under will be Rohrabacher Stearns Weller batable for the time specified in the report regular order. Rothman Stenholm Wexler equally divided and controlled by the pro- Roukema Strickland Weygand ponent and an opponent, and shall not be Mr. Speaker, 26 perfecting amend- Roybal-Allard Stump Whitfield subject to amendment. All points of order ments and three amendments in the Royce Stupak Wicker against the amendments printed in the re- nature of a substitute to the Shays- Rush Sununu Wilson port are waived except that the adoption of Meehan bill were submitted to the Ryan (WI) Sweeney Wise an amendment in the nature of a substitute Ryun (KS) Talent Wolf Committee on Rules. All three sub- shall constitute the conclusion of consider- Sabo Tancredo Woolsey stitutes were made in order. Of the 26 Salmon Tanner Wu ation of the bill for amendment. The Chair- Sanchez Tauscher Wynn man of the Committee of the Whole may: (1) perfecting amendments, only one was Sanders Tauzin Young (AK) postpone until a time during further consid- submitted by a Democrat, and that Sandlin Taylor (MS) Young (FL) eration in the Committee of the Whole a re- amendment was in fact made in order Sanford Taylor (NC) quest for a recorded vote on any amendment; in this rule. Sawyer Terry and (2) reduce to five minutes the minimum The rule also permits the Chairman NOT VOTING—14 time for electronic voting on any postponed question that follows another electronic vote of the Committee of the Whole to post- Buyer Hilleary Porter pone votes during consideration of the Deal Jefferson Pryce (OH) without intervening business, provided that Fattah Jones (NC) Ros-Lehtinen the minimum time for electronic voting on bill and to reduce voting time to 5 min- Goodling Kaptur Shaw the first in any series of questions shall be 15 utes on a postponed question if the Hastings (FL) Kingston minutes. At the conclusion of consideration vote follows a 15-minute vote. Finally, of the bill for amendment the Committee b 1300 the rule provides one motion to recom- shall rise and report the bill to the House mit, with or without instructions. So the motion was agreed to. with such amendments as may have been The result of the vote was announced adopted. The previous question shall be con- I would like to commend Speaker as above recorded. sidered as ordered on the bill and amend- HASTERT for his very judicious han- ments thereto to final passage without inter- A motion to reconsider was laid on dling of what obviously has been a vening motion except one motion to recom- hotly debated issue over the years. the table. mit with or without instructions. Stated for: Earlier this year, he gave his word that The SPEAKER pro tempore. The gen- the House would consider campaign fi- Mr. HILLEARY. Mr. Speaker, on rollcall No. tleman from California (Mr. DREIER) is 410, I was inadvertently detained. Had I been nance reform in September under a fair recognized for 1 hour. process. Today, the Speaker has again present, I would have voted ``yes.'' Mr. DREIER. Mr. Speaker, for the Mr. JONES of North Carolina. Mr. Speaker, demonstrated his leadership and good purpose of debate only, I yield the cus- faith by bringing this measure to the on rollcall No. 410, I was inadvertently de- tomary 30 minutes to my very good tained. Had I been present, I would have floor under this rule. I also want to friend, the gentleman from Dallas, TX recognize the hard work of the gen- voted ``yes.'' (Mr. FROST), pending which I yield my- The SPEAKER pro tempore (Mr. tleman from California (Mr. THOMAS) self such time as I may consume. Dur- who held weeks of hearings and re- BONILLA). Without objection, the Chair ing consideration of this resolution, all appoints the following conferees: ported out four competing proposals. time yielded is for the purpose of de- His committee did a tremendous job in Messrs. CALLAHAN, PORTER, WOLF, bate only. PACKARD, KNOLLENBERG, KINGSTON, framing the debate that we will have (Mr. DREIER asked and was given here this afternoon. LEWIS of California, BLUNT, YOUNG of permission to revise and extend his re- Florida, Ms. PELOSI, Mrs. LOWEY, Mr. marks, and include extraneous mate- Mr. Speaker, free speech, particu- JACKSON of Illinois, Ms. KILPATRICK, rial.) larly free political speech, is a cher- Mr. SABO and Mr. OBEY. Mr. DREIER. Mr. Speaker, House ished right enshrined in the first There was no objection. Resolution 283 is a fair rule which pro- amendment to our Constitution. For f vides for the consideration of H.R. 417, democracy to flourish, a free people the Campaign Finance Reform Act of must be able to express their political PROVIDING FOR CONSIDERATION 1999, under a structured rule. The rule views without government restriction. OF H.R. 417, BIPARTISAN CAM- provides 1 hour of general debate di- Our Founding Fathers recognized that PAIGN FINANCE REFORM ACT OF vided equally between the chairman this is in fact the fundamental precept 1999 and ranking minority member of the of democracy. Without free political Mr. DREIER. Mr. Speaker, by direc- Committee on House Administration. speech, our great American experiment tion of the Committee on Rules, I call The rule makes in order 13 amend- cannot continue to thrive into the next up House Resolution 283 and ask for its ments which were printed in the report millennium. immediate consideration. accompanying this resolution. Ten of I do not believe that the current The Clerk read the resolution, as fol- the amendments are perfecting amend- problems with the campaign system lows: ments debatable for 10 minutes each. are caused by too much political September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8179 speech. They are caused by the out- understandable format on the Internet, York. These amendments are, by de- moded rules and regulations which cur- Americans will no longer need to rely sign, intended to seriously maim and rently restrict speech. Although I com- on special interests and the media to wound Shays-Meehan. mend the authors of the Shays-Meehan interpret the Federal Election Com- The rule then provides for the consid- bill for their good intentions, I believe mission data for them. eration of three substitutes. These sub- they are taking the wrong approach. Mr. Speaker, just as free trade en- stitutes are intended to inflict mortal Adding more layers of rules and regula- courages vitality in our economic mar- wounds. Should any one of them be tions, more bureaucracies and barriers, kets, I believe free speech fosters a adopted, Shays-Meehan will be de- to an already flawed system is not the stronger democracy based on competi- clared DOA. While we can speculate answer. It is increasingly clear after 25 tion in a free market of ideas. There- that the first two substitutes, those of- years of living with the Federal Elec- fore, I will choose more freedom over fered by the gentleman from California tion Campaign Act of 1974 that the cur- more regulation. (Mr. DOOLITTLE) and the gentleman rent Federal campaign laws are fun- This is not an unorthodox rule. It from Arkansas (Mr. HUTCHINSON), will damentally flawed. Just as the current does not stack the deck against the not pass, the third substitute, which is Shays-Meehan proposal is the product Shays-Meehan bill. The rule does not a proverbial sheep in wolf’s clothing, of good intentions, the Campaign Act make in order so-called ‘‘poison pill’’ stands a good chance of passing the which we now live with was also the amendments as some have suggested. House and killing Shays-Meehan. product of people driven to do what The fact is this rule provides for a de- That substitute, to be offered by the was right. It was praised for elimi- bate and amendment process closer to chairman of the Committee on House nating the possibility of another Wa- regular order than any campaign fi- Administration, embodies a number of tergate, lowering the costs of political nance rule that has been debated in the reforms to the operations of the FEC campaigns and reducing the advan- past decade. If the proponents of but does not affect the financing of tages of incumbency. Shays-Meehan have the votes, they campaigns. The Thomas amendment is It is ironic that 25 years later, many will prevail. indeed campaign reform. The problem, of the law’s same supporters are urging Now is the time to cut through the Mr. Speaker, is that it is not campaign Congress to pass another campaign fi- rhetoric and approve this rule so that finance reform. The intent here is quite nance reform bill to accomplish what the House may work its will on this clear and very obvious. This rule is de- the Federal Election Campaign Act has issue of campaign finance reform. This signed to ensure that the House will failed to do. Limiting the amount of is a very serious issue, Mr. Speaker, never get a straight up-or-down vote on money spent and contributed in Fed- that demands very serious thinking. I Shays-Meehan. eral campaigns will not lead to in- urge my colleagues to support the rule. All that being said, Mr. Speaker, creased competition. Nor will it cause Mr. Speaker, I reserve the balance of Democrats are not going to oppose this the influence of large contributors to my time. rule, for we know full well if this rule wane or make politicians more ac- Mr. FROST. Mr. Speaker, I yield my- is defeated, that means the end of any countable to their constituents. The self such time as I may consume. discussion on the subject of campaign Federal Election Campaign Act places Mr. Speaker, on the road to a vote on finance for the remainder of this Con- limits on contributions and expendi- real campaign finance reform, our gress. In the last Congress, Shays-Mee- tures, but since 1974 campaign spending friends in the Republican Party have han passed this body by a vote of 237– has more than tripled in real dollars. set up an ambush. In this Congress, the 186 after the Republican leadership set Incumbents have enjoyed huge advan- Republican leadership has accommo- up a series of roadblocks designed to tages raising campaign funds, and they dated supporters of the Shays-Meehan keep the House from getting a vote on have generally had an easier time get- campaign finance proposal by sched- that bill. We can only hope that a ma- ting reelected. While history shows uling the bill for consideration, but ap- jority in the House remains committed that limits do not work as advertised, pearances can be deceiving. to campaign finance reform and will the focus of reform continues to be on First, the rule reported by the Re- find a way to foil this ambush of the new contribution restrictions and sus- publican majority on the Committee only proposal that fits that descrip- pending the free speech rights of grass- on Rules gives opponents of campaign tion. roots organizations and their members. finance reform the opportunity to Mr. Speaker, I urge my colleagues to We are even looking at the prospect of wound the bill by taking pot shots at reject the amendments made in order regulating the use of the Internet and Shays-Meehan. Then, when the bill is in this rule. Mr. Speaker, I reserve the balance of the World Wide Web for political pur- down and bleeding, the rule allows op- my time. poses. Mr. Speaker, this is not the ponents to bring out the heavy artil- right way for us to go as we try to lery to try and finish it off. This rule b 1315 focus concern for first amendment may not give Shays-Meehan a clean Mr. DREIER. Mr. Speaker, I yield 2 rights. vote. And, Mr. Speaker, unless Mem- minutes to the gentleman from Cali- To reduce the advantages of incum- bers of the House stand up and vote fornia (Mr. CAMPBELL), my very good bency, I believe that contribution lim- against the amendments designed to friend. its should be raised, at least to account wound and weaken and eventually kill Mr. CAMPBELL. Mr. Speaker, I for 25 years of inflation, and tax credits real and meaningful campaign finance thank the Chairman of the Committee should be reinstated to encourage more reform, the Republican majority will on Rules, my good friend from Cali- individuals to participate in the elec- once again, through a cynical exploi- fornia, for yielding this time to me. toral process. I will be supporting the tation of the process, stymie the ef- Mr. Speaker, let me begin with a Doolittle substitute which will encour- forts of those Members who are dedi- note of gratitude to the Speaker of the age individuals to exercise their free cated to reforming how Federal cam- House. Last year we tried to get this speech rights more effectively, free po- paigns in this country are financed. bill up for a vote, and it took a dis- litical candidates from their frequent Mr. Speaker, House Resolution 283 charge petition, with Republicans and fund-raising activities, and reduce the makes in order a series of 10 amend- Democrats together, to make it hap- advantages of incumbency. Rather ments to Shays-Meehan. This series in- pen. That was under a different Speak- than trying to regulate the Internet, a cludes amendments that would, in es- er. This Speaker, by contrast, promised hopeless effort in the long run, I be- sence, take away the ability of labor that we would have a vote on the floor lieve 21st century technology should be unions in this country to represent the in September. He has fulfilled that used to increase political openness. I views of their members in the political promise without being forced to by a support the establishment of electronic process, while others would allow indi- discharge petition. There were many filing procedures and requiring that viduals to increase their contributions skeptics who said that it was a subter- Federal Election Commission disclo- to candidates from $1,000 to $3,000. fuge; they were wrong. He deserves to sure information be published on the There is even an amendment in this be honored for keeping his word. Internet. With information related to mix that puts limits on the campaign On the merits, as I see the rule, and political giving freely available in an of the First Lady in the State of New I intend to support the rule, it allows a H8180 CONGRESSIONAL RECORD — HOUSE September 14, 1999 fair discussion of Shays-Meehan and le- Mr. Speaker, it is not good enough to The American people are cynical; gitimate alternatives that colleagues just stand up and have hearings and they are disgusted. Let us take this wish to put forward. I intend to be sup- spend millions of dollars talking about first giant step to restoring faith in our porting Shays-Meehan throughout to- the abuses in the last campaign and democratic process. Support the rule, day’s debate. I intend not to be agree- then do nothing about it. It is just not and support Shays-Meehan, the soft ing to amendments that would kill good enough to have hearings and cre- money ban, outright. It is a strong ban, Shays-Meehan. But other people have ate an environment where Democrats a hard ban, on soft money. their reasonable attitudes about their attack Republicans, Republicans at- Mr. Speaker, I rise in support of this rule own approach, and it is simply fair to tack Democrats, on the abuses in the and would like to begin my remarks this after- allow them to present their alter- last campaign and then do nothing noon by saying: ``better late than never. natives. There is nothing unfair in a about it. Today is the day. Today is the I have been part of a bipartisan group of rule that allows this House to debate day when the votes are going to be Members who have been seeking a full and a alternatives. counted and we are going to determine fair debate on campaign finance reform. I am going to use the remainder of who is for campaign finance reform and We should have had this debate last Spring. my time just to identify one very im- who is not. As a result, America will be forced to wit- portant thing we will do today, when During the course of this debate ness another general election conducted we pass Shays-Meehan. there are a number of what we call under rules the American people think are A television ad that was run in the ‘‘poison pill amendments,’’ amend- rigged and corrupt. But we are finally having it now and I thank last campaign stated: ments that are designed to do nothing the Speaker for fulfilling his promise to con- Head Start, student loans, toxic clean up, but kill this unique coalition that has been established. I urge the Members of duct this debate. extra police protected in the budget agree- Mr. Speaker, the lack of fundamental ment, but the President stood firm. The this House to see through these amend- President’s plan: Politics must wait, balance ments and recognize them for what change in our campaign finance reform is one the budget, reform welfare. they are, nothing more than an at- of Congress' most significant failings. Clearly, Almost the identical words appeared tempt by the opponents of campaign fi- our campaign finance system is out of control. in a similar ad, the first one, however, nance reform to kill this legislation. The signs of impending disaster dominate the by the DNC with soft money on May 31, Let us kill these amendments, and headlines every day. Campaign costs are sky- 1996; the second, by the Clinton cam- let us pass comprehensive campaign fi- rocketing. Candidates, incumbents and chal- paign, on June 2, 1996. nance reform today. lengers alike, find themselves devoting more What we have today is a huge loop- Mr. DREIER. Mr. Speaker, I yield 2 time and more energy to fundraising. The hole in campaign finance. We run the minutes to the gentlewoman from New reach and influence of special interests con- exact same ads almost, but we run Jersey (Mrs. ROUKEMA), my good tinue to grow. As a consequence, many peo- them as soft money ads through a po- friend, and neighbor and classmate. ple believe elections are ``bought'' by those or- litical party, and anybody can con- (Mrs. ROUKEMA asked and was ganizations with the most money! And is at tribute any amount of money to fi- given permission to revise and extend the core of voters cynicism leading to Ameri- nance those ads. her remarks.) cans dropping out of the political process of Mrs. ROUKEMA. Mr. Speaker, cer- Mr. Speaker, if we intend to have a our democracy. tainly I rise in strong support of this Without question the most corrosive recent system that limits how much people bill that is finally bringing Shays-Mee- development has been the explosion of so- can influence the system to prevent han to the floor, and I might say better called ``soft money''Ðdonations from wealthy corruption, then we must not allow a late than never. Neverthless, I do ex- corporations, labor unions and individuals to loophole as large as this whereby we press appreciation to the Speaker for the major parties. can run almost exactly the same ads fulfilling his promise that we conduct Of course, there are many critically impor- and have them excused because it is this debate. tant issues that we will examine during the soft money rather than hard. I do think that without question, as course of this debateÐthe so-called paycheck Mr. FROST. Mr. Speaker, I yield 2 already has been stated here, the protection amendment, issue ads, independent minutes to the gentleman from Massa- American people believe that we have a expenditures, and others. chusetts (Mr. MEEHAN), the author of rigged and corrupt system, and perhaps But if we do nothing elseÐlet's ban soft the legislation. with good reason, but we have a good money. My ColleaguesÐsoft money was at Mr. MEEHAN. Mr. Speaker, I thank opportunity today to really put that the heart of each and every one of the scan- the gentleman from Texas for yielding behind us and vote this reform. This dals of the last Presidential campaign todayÐ this time to me. will put us on the road to reestab- nights in the Lincoln Bedroom, White House Members of the House have a unique lishing our credibility. coffees, alleged contributions from the Chi- opportunity today to make a real dif- I must say that with the campaign nese military to the DNC, and more. ference and to pass campaign finance costs skyrocketing candidates and in- The American people are cynical and dis- reform, legislation that is long over- cumbents, as the American people have gusted. They should be. due. seen, find themselves devoting more Support the rule. Then, to ban soft money As my colleagues know, we have had and more time and energy to fund-rais- outright, support Shays-Meehan. lots of disagreements between Demo- ing and the reach and influence of spe- Mr. FROST. Mr. Speaker, I yield 2 crats and Republicans about how to de- cial interests has grown out of control, minutes to the gentleman from Michi- termine tax policy, what to do with the and as a consequence, people do believe gan (Mr. LEVIN). surplus, a patients’ bill of rights, edu- that their elected officials are bought (Mr. LEVIN asked and was given per- cation reform and what to do to im- and paid for; and it is at the core, I be- mission to revise and extend his re- prove education across our country. Fi- lieve, of the voter cynicism that is marks.) nally today we have an issue that leading Americans to drop out of our Mr. LEVIN. Mr. Speaker, 20 years Democrats and Republicans can agree political system and the political proc- ago in Buckley versus Valeo, the Su- on. ess of our democracy. preme Court said, and I quote, ‘‘To the There were 50 to 60 Republicans who We have here today the opportunity, extent that large contributions are supported this legislation in the last without question, to address one of the given to secure political quid pro quos Congress. We got 251 votes from Mem- most corrupt, corrosive developments from current and potential office- bers of this House in the last Congress. in our system, the explosion of soft holders, the integrity of our system of This is our opportunity today to pass money; and that is what we are about representative democracy is under- real comprehensive campaign finance today. If we do nothing else, we must mined. Of equal concern is the danger reform, to make soft money illegal, il- lay the foundation and take this giant of actual quid pro quo arrangements legal because it is a loophole that came step for correcting this problem and and the impact of the appearance of out of the Campaign Finance Reform ban soft money. It will not do every- corruption stemming from public Act of 1974 and has had a corrupting in- thing, but it will be the foundation and awareness of the opportunities for fluence on presidential elections in this a giant step forward, and we must do abuse inherent in a regime of large in- country. it. dividual financial contributions.’’ September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8181 Twenty years ago the main problem one party exclusively and, frankly, are pioned. Along with my colleague, the was unlimited individual contributions beyond the scope of anything we can do gentleman from Tennessee (Mr. WAMP), going for undisguised campaign ads. as a Congress. we introduced an amendment that Today the problem is different. It is Mr. Speaker, this debate should be would incorporate the Thomas sub- unlimited contributions from individ- about freedom of speech, freedom of ex- stitute as a perfecting amendment, as uals and groups going for campaign ads pression, the first amendment to the many of us did with the commission that are disguised transparently as Constitution of the United States. bill of the gentleman from New Jersey issue ads. Look at this diagram, Mr. Speaker. (Mr. FRANKS) and others last year. But, So this is the real question. Will it We should shudder to contemplate the Mr. Speaker, this was rejected. take a Teapot Dome scandal to get ac- arcane, complex, Rube Goldberg limi- I urge my colleagues, vote for the tion under this dome on campaign fi- tations on American expression which rule, against all substitutes, all killer nance reform? are contained in this bill. This is the amendments, and for campaign finance The Annenberg study says the abuse convoluted process that the courts and reform. of sham issue ads is growing. I read for the FEC, candidates and citizens will Mr. DREIER. Mr. Speaker, I yield 2 my colleagues this campaign ad from have to go through in order to make minutes to the gentleman from Con- last year: sure their advocacy is permissible necticut (Mr. SHAYS), the lead author ‘‘Linda Smith on education: I have under Shays-Meehan. of the campaign finance reform bill decided the U.S. Department of Edu- Now, Mr. Speaker, I have friends on which brought us to this point. cation is not necessary. That explains both sides of the aisle who legitimately Mr. SHAYS. Mr. Speaker, I thank the why Smith cosponsored a bill to elimi- believe that there is too much money gentleman for yielding this time to me, nate the Department of Education, in campaigns today, and I will admit and I thank this Congress for debating voted to cut Head Start and student that there is a certain nostalgia for the this issue. loans, voted against testing standards one-on-one campaigns of yesteryear; This is legislation that clearly has to make schools accountable. Linda but this bill, Shays-Meehan, does not bipartisan support. It is a team effort, Smith even voted to slash safe and get us there. When I was a youth grow- and it has probably been one of the drug-free schools in half. Linda Smith ing up in Mississippi, there was always more satisfying activities that I have puts her narrow political agenda ahead a huge crowd around the court square been involved in. on a Saturday morning. A candidate of our schools. Tell her to stop voting b 1330 against kids.’’ could come into town with a loud If the words had been used ‘‘defeat speaker on top of his station wagon I just want to say that I disagree Linda Smith,’’ under our campaign and get his point across to a large per- strongly with the gentleman from Mis- laws, instead of the word ‘‘tell’’ which centage of the voters. But those days sissippi talking about it being one was used, that was clearly a campaign are over. We live in the days of malls party. It is not about one party, and it ad. Games played with language using and cable TV with 99 channels, the is not about freedom of speech because the word ‘‘tell’’ instead of the word Internet, not to mention radio, direct we retain freedom of speech. It is about ‘‘defeat’’ should not thwart the law. mail and the print media. Those are ending corrupt politics. That is what it Corruption by money of the demo- the methods we use in the United is about. cratic process is not freedom. States of America to convey informa- It has been against the law since 1907 Mr. DREIER. Mr. Speaker, I yield 5 tion today, and it costs money to buy for corporate treasury money to be minutes to the gentleman from Mis- that form of advertising. used in campaigns, but it happens. It sissippi (Mr. WICKER), my good friend. Freedom of speech is worthless if no has been against laws since 1947 for Mr. WICKER. Mr. Chairman, I thank one can hear it. The truth is that it union dues money to be used in cam- my friend for yielding this time to me. takes funds to amplify our political paigns, but it is happening. It has been Mr. Speaker, I will vote for this rule discourse to a level which reaches the against the laws since 1974 for foreign of course, but against final passage of public. nationals to contribute to campaigns Shays-Meehan. Let me make one thing Mr. Speaker, there are solutions out but they are, and they are because of clear at the outset of this debate. there to rectify the most unpleasant two loopholes: Soft money, the unlim- There is no public clamor for this legis- aspects of campaigning and raising ited sums of money from individuals, lation. I have been in almost every cor- funds to do so, but that will not occur corporations, labor unions, and other ner of my 24-county district during the today. It will not occur as long as one interest groups; and the sham issue ads last month, and not once did a single political party believes it can achieve a which are truly campaign ads. citizen bring up the issue of our cam- significant and unfair advantage under We do not prevent those ads for paign finance laws. No, the hue and cry the guise of reform. money. We just call them campaign for this bill is occurring inside the I urge passage of the rule and defeat ads. What that means is, out goes the Beltway of Washington D.C. largely by of Shays-Meehan. corporate treasury money, the union those who would receive a special ad- Mr. FROST. Mr. Speaker, I yield 1 dues money, and the foreign national vantage by this proposed tilting of the minute to the gentlewoman from New money. That is what this debate is playing field. York (Mrs. MALONEY). about. It is about having a fair system, Mr. Speaker, I am proudest of this Mrs. MALONEY of New York. Mr. where everyone has a right to speak House when it works in a bipartisan Speaker, I rise reluctantly to support out, and where we enforce the 1907 law, manner, but this is not what we will this rule because it remains the only the 1947, law and the 1974 law. have today. There may be high-sound- way that we will get real campaign fi- I would want to just end by saying ing tones in the media about the winds nance reform on the floor for a vote. this is a fair rule, but it is a fair rule of reform, but for its liberal advocates The underlying Shays-Meehan bill is that gives the opponents of our legisla- this bill is really about party politics, strong, bipartisan legislation that de- tion seven shots to kill us as amend- and here is why. The big labor bosses serves the support of every Member of ments and three shots to kill us use the forced dues of their union mem- this House. It is the only bill that through substitutes. It is still a fair bers to further their political goals, shuts down the soft money system and rule. It is a rule, though, that does not and that usually means support only reins in the phony issue ads; but in allow for one amendment, and that is for Democrats. This bill would do noth- order to get to Shays-Meehan, this the Thomas amendment. We wanted it ing to stop that practice. rules forces us to navigate a minefield as a perfecting amendment rather than Shays-Meehan takes no action to of poison pills, killer amendments and as a substitute because it is a very limit another of the most significant substitutes introduced by many Mem- good piece of legislation, but it is proc- abuses of the liberal labor bosses, and bers who have absolutely no intention ess, not reform, in our judgment. that is the in-kind, unreported use of of voting for the underlying bill. So I salute sincerely the chairman of union employees for get-out-the-vote, The most dangerous of these is the the Committee on Rules for making organization efforts, and other polit- Thomas substitute. It would strength- sure we have a debate that will not go ical activities. These actions benefit en the FEC, a cause I have long cham- on for months, giving us time limits, H8182 CONGRESSIONAL RECORD — HOUSE September 14, 1999 letting us know what is coming, and I individual contributions. I am for com- As my colleagues examine which al- thank him for doing it; and I thank our plete disclosure of all contributions ternative is the right one to support, Speaker for living up to his word. and all expenditures which are made. I we should all ask a couple of questions. Mr. FROST. Mr. Speaker, I yield 1 think we have to limit the special issue First of all, what fixes the most sig- minute to the gentleman from Maine groups so that is obviously not in nificant problems? (Mr. ALLEN). order. And I think Shays-Meehan Second, what can realistically get Mr. ALLEN. Mr. Speaker, I rise in re- would do it, and I would encourage all passed in the Senate? luctant support of this rule, in strong of us to do it. Third, what is consistent with the support of the Shays-Meehan bill, and Mr. FROST. Mr. Speaker, I yield 1 Constitution? in opposition to the poison pill amend- minute to the gentleman from New I believe that is the framework for ments. Today’s votes present clear York (Mr. FORBES). the debate as we engage in this under choices. If one is a Member of this (Mr. FORBES asked and was given the rule. House and they like spending more and permission to revise and extend his re- The Hutchinson–Moran-Hill-Brady- more of their time raising money, vote marks.) Hulshof substitute accomplishes all for the poison pills; but if they prefer Mr. FORBES. Mr. Speaker, I rise in three of these objectives. So I believe it working on issues important to their support of this rule. I think it is clear is a fair rule that is being offered constituents, support Shays-Meehan. in this body last year we made it today. If one works for a corporation or a known that a majority of the Members The question has been raised, does labor union and they like getting hit here believe, as the public does, that the public support reform? I believe up for soft money donations again and we have a need for campaign finance that they do. In fact, I believe the re- again, support the status quo; but if reform. form is more intense in the body poli- they prefer to invest money in their The people have lost faith in the cur- tic in America than it is in this body, own organization, support Shays-Mee- rent system, a system that should be of because we know the script; we know han. the people, by the people, and for the what is going to happen, and we know If one is a TV viewer and they like people. The people wonder actually, the Senate is not going to consider the endless streams of deceptive anony- does it belong to the people? same bill that they considered the last mous issue ads in election years, op- The current system really makes it time. pose reform; but if one prefers honest impossible for people who want to give So I think the public is wiser. They and less frequent ads, support Shays- voice to their issues to get into elec- support reform, but they want good re- Meehan. toral office. They feel shut out. We form and they are willing to debate the If one is an American and likes their need Shays-Meehan so that we can re- substance of each proposal. voice being drowned out by special in- store confidence in our electoral sys- Alexander Hamilton in Federalist No. terests, big money, support the DeLay- tem and make this great democracy 15 said, why has government been insti- Doolittle coalition; but if one wants a even greater. tuted at all? greater say in how our laws are made, Today we have a chance to change all The answer is, because the passions support Shays-Meehan. of that. We can restore faith in this po- of men will not conform to the dictates I urge approval of the rule, defeat of litical system breathing democracy by of reason and justice without con- the poison pill amendments and pas- passing Shays-Meehan. The proposed straint. sage of the underlying legislation. amendments only cloud the main issue, I believe that defines the debate on Mr. DREIER. Mr. Speaker, I yield 1 and the substitutes unfortunately seek campaign finance reform, that reason minute to my friend, the gentleman to gut it. We need to send a clean bill and justice demands this type of re- from Delaware (Mr. CASTLE). to the Senate and represent the change form and the rule will support that. Mr. CASTLE. Mr. Speaker, I thank that Americans want, starting here in Mr. DREIER. Mr. Speaker, may I in- the gentleman from California (Mr. the House. quire of the Chair how much time is re- DREIER) for yielding me this time. Mr. DREIER. Mr. Speaker, I yield 2 maining on both sides? Mr. Speaker, I do rise in support of minutes to the gentleman from Arkan- The SPEAKER pro tempore (Mr. the rule and I do rise in support of sas (Mr. HUTCHINSON), the author of one BONILLA). The gentleman from Cali- Shays-Meehan and in opposition to the of the key substitutes. fornia (Mr. DREIER) has 91⁄2 minutes re- amendments. There has been a lot of Mr. HUTCHINSON. Mr. Speaker, I maining; the gentleman from Texas fussing over the rule here today. I do thank the gentleman from California (Mr. FROST), 191⁄2 minutes remaining. not think there is anything unexpected (Mr. DREIER) for yielding me this time. Mr. FROST. Mr. Speaker, I yield 1 there. That is what the majority of the Mr. Speaker, I rise in support of the minute to the gentlewoman from Cali- majority parties wants, to have a cer- rule being offered today. I believe it is fornia (Ms. WOOLSEY). tain limited circumstance. I think, in fair. It will allow a broad-ranging de- (Ms. WOOLSEY asked and was given fact, the Committee on Rules and the bate on campaign finance reform. The permission to revise and extend her re- leadership deserves credit for letting us rule makes in order four major alter- marks.) vote on this at all; and because there natives, one of which is the substitute Ms. WOOLSEY. Mr. Speaker, if we has been so much attention paid to it, that I have offered, along with the gen- sweep campaign finance reform under I think we all know exactly what we tleman from Kansas (Mr. MORAN), the the rug, what legacy will we be leaving have to do on the individual votes gentleman from Missouri (Mr. our children? Political mistrust, apa- under this particular rule so I do not HULSHOF), the gentleman from Mon- thy? Or today, will we take a giant think that is a problem. tana (Mr. HILL), and the gentleman step forward in reforming a political I hope that all of us will support it. from Texas (Mr. BRADY). It is the Cam- system and leaving a system that our I hope everybody will consider very paign Integrity Act which does three children can be proud of? carefully what we are doing here. It things that I think are very important. Enough is enough, Mr. Speaker. The should concern every one of us that One, it bans soft money to the na- American people want campaign fi- there are corporations, there are labor tional parties which is the most signifi- nance reform. They want it now. unions, there are organizations out cant problem that we have on our The American people are weary of there which are contributing to the po- scene. the glaring abuses and outrageous litical parties in soft money a quarter Second, it empowers individuals in sums of money spent on political cam- million and more, perhaps something our system by increasing the informa- paigns. The American people believe less than that. And if anyone believes tion that is available to them through big money is destroying our political they are doing it because they believe more disclosure. systems. in good government, I would tell them Third, it raises the individual con- Campaign reform is not a Democratic to look at the underlying legislation tribution limits to prevent the value of or Republican problem. It is a Demo- that those groups are interested in. the small contributor from being erod- cratic and Republican responsibility. The bottom line is that I think we ed through rising inflation. Ours is the Mr. Speaker, it is time to come to need to do something about it. I am for only substitute that does that. this House floor and honestly address September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8183 campaign finance reform. Let us do it one of money that is so powerful it can Mr. FROST. Not at this point, Mr. and let us do it once and for all. Let us pull the capitol of the United States Speaker, because there are Members vote yes on Shays-Meehan. Let us vote from its very foundations? Support who are in transit. There are Members no on all poison pill amendments. Shays-Meehan. who are coming to the floor who would Mr. FROST. Mr. Speaker, I yield 1 Mr. FROST. Mr. Speaker, I yield 1 like to speak. minute to the gentleman from Massa- minute to the gentleman from Florida Mr. DREIER. In light of that, Mr. chusetts (Mr. TIERNEY). (Mr. DAVIS). Speaker, I yield 2 minutes to the gen- Mr. TIERNEY. Mr. Speaker, I thank Mr. DAVIS of Florida. Mr. Speaker, I tleman from New Jersey (Mr. FRANKS). the gentleman from Texas (Mr. FROST) rise in support of the rule because it is (Mr. FRANKS of New Jersey asked for yielding me this time. going to present an opportunity to the and was given permission to revise and Mr. Speaker, I respectfully depart House of Representatives to vote on extend his remarks.) from some of my colleagues here who the merits of this very important bill Mr. FRANKS of New Jersey. Mr. think that this rule is a fair rule. I sug- that I am a cosponsor of, the Shays- Speaker, I rise today in strong support gest that this rule is, in effect, a some- Meehan bill. of the rule that will help to deliver what hidden attempt to kill the only It has been suggested earlier, there is comprehensive campaign reform to the campaign finance reform proposal that not public clamor for us in Congress to American people. probably has a chance of passing this take up campaign finance reform, and I Last session, I was one of the authors year. We know that because last year think that statement alone really dem- of a bill to create an independent com- when it was presented, it passed by 252 onstrates what a problem we have here. mission that would be empowered to votes to 179. It had 61 Republicans on The public is leaving it to us to fig- make specific proposals that Congress it. It was, in fact, a bipartisan effort. ure out the details on how to rid this would have been required to act upon. This year, instead of showing a willing- system of its excesses. What they want But today, the underlying bill before us ness to either take a stand and be from us, what the public is clamoring combines the best of two approaches: counted on the issue of banning un- for, is simply independent judgment. the independent commission and regulated soft money donations to par- Shays-Meehan. b 1345 ties, of regulating phony issue ads on While the old Shays-Meehan legisla- television, and imposing new fund-rais- They want control over this political tion addressed some of the most cor- ing disclosure rules, some are trying to process returned to people. They expect rupting elements of our campaign fi- use the rules, I believe, to obfuscate us to judge each of the issues that nance system by banning soft money, the issue, take 10 swipes either killing come before us on the merits. If they reforming issue ads and imposing it with a poison pill or killing it by were exposed to what we are exposed tougher FEC disclosure, it failed to ad- substituting suggestions that are to, the incredible acceleration in the dress a variety of other legitimate con- unpalatable to most of the Members of rate of soft money and sham issue ads cerns. But now, with the independent this Congress. pouring into the system, overshad- commission having become part of the In fact, the New York Times, in an owing their individual votes, they Shays-Meehan proposal, the bill before editorial on September 13, I think, jus- would expect us to take up this very us now has an added dimension. The tifiably called these junkyard tactics bill today. We have to be on guard to commission created by this legislation of 1998. It is essentially the same tac- defeat the poison pill amendments. will provide a means to address those tics that we saw last year. The Shays-Meehan bill is not a bill issues that continue to breed public This rule, in a good world, would be that favors Democrats or Republicans, mistrust in our campaign finance sys- defeated; but apparently it is going to it favors ordinary citizens who want tem. pass because people fear that without their vote to count. We need to defeat Today, Congress needs to face a this rule we will have no chance at the poison pill amendments, we need a harsh reality. Shays-Meehan, which campaign finance reform at all. straight-up vote on Shays-Meehan, we now includes the independent commis- We should have that chance. We need to return control of our elections sion, is the only real opportunity to de- should vote for Shays-Meehan without of this Congress to the people of the liver to the American people a cam- all the other shenanigans. United States. paign finance system that they can Mr. FROST. Mr. Speaker, I yield 1 Mr. FROST. Mr. Speaker, we reserve trust. I urge my colleagues to strongly minute to the gentlewoman from the balance of our time. support this rule. Michigan (Ms. RIVERS). Mr. DREIER. Mr. Speaker, is the Mr. DREIER. Mr. Speaker, as we rap- Ms. RIVERS. Mr. Speaker, I rise with gentleman from Texas prepared to idly use up our time on this side, leav- little enthusiasm for this rule but in yield back the balance of his time? ing my friends with 15 minutes on their great support for the Shays-Meehan Mr. FROST. Mr. Speaker, I would re- side, I am happy to yield 1 minute to proposal. spond to my friend from California by my good friend, the gentleman from Mr. Speaker, I have a picture on the saying that we have additional speak- Tennessee (Mr. WAMP). wall of my office that I purchased sev- ers; however, they are not currently on Mr. FROST. Mr. Speaker, I yield 2 eral years ago from a high school art the floor. We have Members who have additional minutes to the gentleman competition in my district. It was pro- requested the opportunity to speak. from Tennessee (Mr. WAMP). duced by Jeff Vogelsberg, a student at Mr. DREIER. How much time is re- The SPEAKER pro tempore. The gen- that time in Belleville High School. It maining on both sides, Mr. Speaker? tleman from Tennessee (Mr. WAMP) is is a picture of a car made out of money The SPEAKER pro tempore (Mr. recognized for 3 minutes. that has lassoed and is towing away BONILLA). The gentleman from Cali- Mr. DREIER. Mr. Speaker, I thank the capitol of the United States. fornia (Mr. DREIER) has 91⁄2 minutes re- the gentleman from Texas (Mr. FROST) We have a saying in our language, maining, and the gentleman from for helping us out here. out of the mouths of babes, which real- Texas (Mr. FROST) has 151⁄2 minutes re- Mr. WAMP. Mr. Speaker, it is great ly recognizes the pure and perfect in- maining. to be loved by both sides here today. sight that children often possess, their Mr. DREIER. Mr. Speaker, does my I rise in support of the rule and in ability to get to the nub of the issue; friend anticipate that he is going to fill great appreciation for the distin- and in fact, Mr. Speaker, this is how that entire 15-minute period? guished chairman of the Committee on our children see us, how the public sees Mr. FROST. Mr. Speaker, we have re- Rules who I think has been very fair us. Of course, it is the children who quests for that time, but the Members and courteous through this process, will grow up and write the history are not currently on the floor. It is our and also in great appreciation to the books of the future. anticipation that we would use the Speaker of the House who is proving to What do we think they will have to time. We had planned to. all 435 Members of the House today say about us and this Congress? How Mr. DREIER. So if I were to move that he can be trusted to follow will history portray us? Will this Con- the previous question, would the gen- through on his word; that we would, in gress be portrayed as supporters of a tleman yield back the balance of his fact, this week in September consider system with integrity and honor, or time? the issue of campaign finance reform H8184 CONGRESSIONAL RECORD — HOUSE September 14, 1999 after an overwhelming success last First, what he described as somewhat Mr. FROST. Mr. Speaker, I yield 3 year on basically the same decision, of a gimmick is, in fact, something minutes to the gentleman from Mis- and that is, the underlying text of called regular order. We are proceeding souri (Mr. GEPHARDT), the Democratic Shays-Meehan, which we have before with the regular Rules of the House leader. us today. here. And to describe the Thomas sub- (Mr. GEPHARDT asked and was Of the four major alternatives that stitute as a measure which should, in given permission to revise and extend the gentleman from Arkansas laid out fact, be considered as an amendment his remarks.) a few minutes ago, three of them truly and not a substitute would be doing a Mr. GEPHARDT. Mr. Speaker, I rise address systemic campaign reform, disservice to the chairman of the com- today first to congratulate the gen- that is, the issue of money and influ- mittee which will be managing this tleman from Connecticut (Mr. SHAYS) ence on the federal process. One of legislation as it moves forward, and in and the gentleman from Massachusetts those four alternatives, though, frank- fact, the Thomas substitute was the (Mr. MEEHAN) for their excellent ly, does not stack up to the level of sig- only substitute that was favorably re- across-the-aisle, bipartisan work in nificant campaign finance reform as ported from the Committee on House bringing about this legislation. I might the other three. And that one is the Administration, so I think it is impor- say that I hope that this bipartisan ef- Thomas substitute. tant for us to just clarify the record. fort that they have put together with Now, the gentleman from California Again, under this regular order proce- lots of Members from both parties is (Mr. THOMAS), the chairman of the dure, we are allowing the Members the something that we cannot only win Committee on House Administration is opportunity to consider a wide range of with today, but have repeated with a brilliant man in this House; we all alternatives. other bills: the patients’ bill of rights, know that. He understands all of these Mr. Speaker, I yield 11⁄2 minutes to education. We ought to be able to find issues extremely well, but what he has the gentleman from Long Beach, Cali- a way to work across party lines to get offered and the Committee on Rules fornia, Mr. HORN. things done for the American people. I embraced as a substitute really is an (Mr. HORN asked and was given per- want to congratulate both of them vo- amendment, and my colleague, the mission to revise and extend his re- ciferously for the hard work that they gentleman from Florida (Mr. DAVIS), marks.) have done day in and day out to get us and I appeared before the Committee Mr. HORN. Mr. Speaker, I thank the to where we are today. on Rules and asked that that amend- Speaker. Speaker HASTERT told us in I would also like to recognize the ment be ruled in order, not as a sub- March, we will bring it up in Sep- work of our Democratic Blue Dogs and stitute or an alternative to the other tember, and here it is September, and their discharge petition effort which three major provisions, but as an it is brought up. He is a person of his forced the leadership to take our de- amendment so that it could be at- word. mands for a vote on campaign reform tached to our bill, because frankly, I support the rule; I support Shays- seriously. Because of their work, 202 there is nothing in it that everybody Meehan. The question is, ‘‘Do we have Members of the House signed the dis- would not desire as an amendment to the will to get a majority?’’ We had it charge petition, urging the Republican any of the three major alternatives. last year; let us get it again this year. leadership to bring Shays-Meehan to Yet, it was chosen as a substitute. Will it stop current practices? Will it the floor, and we are able to be here Now, folks out there do not know stop the auctioning off of the Lincoln today on the floor discussing this be- what this really means, but what hap- bedroom? The greatest scandal in cause of that discharge petition and pens here is if it gets more votes than American history was the collection of the work that was done, again, in a bi- the rest of the bills, it goes forward; foreign and domestic money for the partisan way to get this on the floor. the rest stop, dead in their tracks, and 1996 presidential campaign. Shays-Mee- The truth is, some of the Republican therein lies somewhat of a gimmick in han will stop that. leaders have done their best to prevent this whole process of today. The time is now. Twenty-five years this issue from coming to the floor, de- So there are issues that will be con- ago well-meaning colleagues thought spite the fact that a bipartisan major- sidered as we go through this day, and that Congress was banning soft money. ity of the House wants this vote. And we are grateful for the opportunity It turns out they were not. They had they are still trying to kill reform with that will not be what they appear on reform for individual candidates, but poison pill amendments and substitute the surface, because people will be vot- they failed when corporate money, bills. I hope that does not succeed. I ing against things that are perfectly union money, and very wealthy indi- hope the bipartisan majority for good good so that the underlying bill, the viduals’ money, could be laundered campaign reform prevails. Shays-Meehan bill, the bill with mo- through party organization commit- This is a very simple issue. A vote for mentum, the bill that is the most sig- tees of both parties and smaller par- Shays-Meehan today is the best way nificant campaign finance reform legis- ties. This flow of money was readily and, in my view, the only way to begin lation to move through this Congress welcomed and the parties simply be- to roll back the influence of wealthy since 1974 can be considered on its own came great Automatic Teller Machines special interests in government. It is merits. that one can push in at one end and the only way to focus the Congress Now, today, as we go through all of millions of dollars come out at the back to the issues that the people I this debate, Members are going to look other end. If we did that as candidates, represent care about; to make our poli- for places to hide. I have seen this; this we would be indicted. The parties are tics more responsive to their needs and is my fifth year here. They look for not. They had found a huge loophole. not simply listening to wealthy special some way to position themselves so Shays-Meehan will end that. interests. that they can say I am for it, but. And Mr. Speaker, every right that we We have all seen what being bound to the American people should say, the have flows to us in the governing of big money from special interests has buts must stop now. You are for it, you this country. We need to really reaf- done to our present legislative agenda. are going to vote for it, you are going firm it by doing the right thing. We Republican leaders put the needs of to move it forward. Soft money is the need to decide now whether our elec- powerful lobbyists ahead of average target. There are a lot of details that tions will be governed by law or manip- families and their needs. They killed people will hide behind, but soft money ulated by loophole. Let us do the right gun safety legislation. They have tried is not defensible in today’s environ- thing. Let us change the law. Let us to block a real patients’ bill of rights, ment. It is excessive, onerous, egre- make sure that people have faith in and they have refused to take action to gious, and should be removed. this institution and the institutions of make prescription drugs affordable to Mr. DREIER. Mr. Speaker, I yield government generally. If we do not do every senior. myself such time as I may consume to it, we will continue to see people as Instead, they have introduced a tax first thank my friend for his com- doubters about how ethically clean are bill which gives a small minority of plimentary remarks and then to re- legislators at the local, State, and the wealthy Americans and corporations spond to a couple of points that he national levels. This is the chance to an $8 billion tax break which threatens raised. clean house. Let’s do it. the economic growth that is the best I September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8185 have seen in my lifetime. We have gone it would regulate issue advertising that Mr. NADLER. Mr. Speaker, I thank from a government by the people, for is clearly aimed at electing or defeat- the gentleman for yielding time to me. the people to a government of lobbyists ing a specific candidate. Mr. Speaker, I want to put this de- and special interests. While I am hopeful that we will pass bate into a little perspective. When the By passing Shays-Meehan we take Shays-Meehan once again, I am mind- United States became independent, the first major step toward restoring ful that the path to victory is treach- when our Constitution was adopted, the trust of the people in their govern- erous. That is because the rule gov- there were many skeptics who said ment, in their House of Representa- erning today’s debate in my view is de- that our new system of government tives, and returning us all to the agen- signed to do one thing only, to kill would not last, a republican form of da of ordinary American families. Shays-Meehan. That is why I said at government, a democratic form of gov- b 1400 the beginning that I rise in opposition ernment. There had been many repub- to this rule but urge its support, be- lics and democracies in the past and in It is time to begin this process. It is cause I fear if it goes down, we will not antiquity, in Middle Ages, but they had time for Shays-Meehan to be the law of have the opportunity to consider not lasted. They all, every single one of the land. I ask every Member, Repub- Shays-Meehan. them, degenerated into oligarchies or lican and Democratic, refuse to vote Here is what the Washington Post autocracies. Skeptics said this new for the amendments designed to kill said about the 10 amendments made in democratic republic would not last, ei- this reform, reject the Thomas sub- order by this rule: ‘‘They were written ther. stitute, which will only distract us and chosen either to vitiate the Shays- There have been two greatest tests of from what we are supposed to be doing, Meehan bill, or to poison it for Demo- our democratic system. In the Civil and stand up today for Shays-Meehan, crats who might then take the lead in War, because of slavery, Lincoln quite for real campaign reform. Return the killing it. Perhaps even worse, this rule correctly characterized it as a test of people’s Houses to the people of this pits noncontroversial Federal Election whether a government of the people, by great country. Commission reform, the Thomas sub- the people, and for the people could Mr. FROST. Mr. Speaker, I yield 5 stitute, against Shays-Meehan.’’ If the survive. minutes to the gentleman from Mary- Thomas substitute receives more votes Now we face a second great test, the land (Mr. HOYER), the ranking member than Shays-Meehan, the latter, of increasing domination of our politics of the committee of jurisdiction. course, dies, and we will never even get by big money. People are cynical, and Mr. HOYER. Mr. Speaker, I rise in to vote on it. rightly so. They believe that their par- opposition to this rule and urge its pas- The substitute on FEC reform is not ticipation, their voices, cannot count sage. What did he say? What kind of nor was it ever intended to be cam- against the power of big money, and re- doublespeak is this? Is he speaking out paign finance reform. I ought to know. cent experience says they are right. of both sides of his mouth? I will leave The Thomas substitute we will con- We all know the power of the HMOs, it for the Members to determine, and I sider under this rule incorporates the pharmaceutical companies. We will discuss this rule and why I think it many of the provisions that I spon- watched this Congress pass a $50 billion ought to be passed, and why I think it sored in H.R. 1818. But make no mis- giveaway to big tobacco companies. We is an unfortunate rule in that context. take, FEC reform is not campaign fi- gave away, not sold, not rented, gave Mr. Speaker, there is a disease infect- nance reform. FEC reform should have away a $70 billion spectrum to the ing American politics today. That dis- been on a suspension calendar or made broadcasting companies. Why? Because ease is cynicism—cynicism towards our as an amendment to Shays-Meehan. It of the power of big money. public institutions and our public offi- was not. It was not because if it is That power has corrupted both major cials. adopted, it will automatically kill political parties, and if we do not stop The symptoms are plain to see: civic Shays-Meehan. it, if we do not take this step, Shays- disengagement, voter apathy, detach- I urge my colleagues to vote against Meehan is the first step towards shop- ment, disaffection, and erosion of the Thomas substitute, which I sup- ping it, when the histories are written, trust. In my view, this cynicism is in- port, but I support Shays-Meehan they will say the United States had a extricably linked to our current cam- today, and we can support Thomas to- good 200-, 250-year run with democracy, paign finance system. morrow. and then it degenerated into an oligar- In the 1996 presidential election I should note, too, that not one of our chy and not a democratic system. cycle, less than one-tenth of 1 percent four committee hearings this summer, We must begin to stop it now. We of Americans contributed the max- not one, was focused on FEC reform. must pass Shays-Meehan. We must re- imum $1,000 per election for any can- Frankly, as best I can tell, their only ject the trickery and the conniving of didate, according to the Advocacy real purpose was to try to discredit the Republican leadership in putting Group on Public Campaigns. Yet, Shays-Meehan. all these procedural obstructions in its Americans cannot help but be awe- Finally, despite the fact that this is path. If we want democratic govern- struck by the so-called soft money con- an unfair rule, as I said at the outset, ment to survive into the next tributions pouring into our politics. In I urge my colleagues to adopt it, to millenium, this is the time to start the 1996 election cycle, the two major adopt it so that we can consider legis- saying so today. parties raised $260 million in soft lation critical to trying to allay the Mr. DREIER. Mr. Speaker, I yield 11⁄2 money. The same group predicts this cynicism of which I have spoken. minutes to my very good friend, the figure will explode to $750 million in Rules, of course, are not always fair, gentleman from Pennsylvania (Mr. this cycle. but there is no reason we cannot over- GREENWOOD). Today, Mr. Speaker, we have a rare come the obstruction in our path, pass Mr. GREENWOOD. Mr. Speaker, I opportunity to attack this cynicism the bipartisan Shays-Meehan bill, and thank the chairman for yielding time before it hardens into a more debili- chip away at the cynicism toward to me, and I thank him, as well as the tating contempt. We also can show the American politics that exists today. I Speaker, for his fairness in allowing us American people that we indeed can urge my colleagues to reject the poison to bring this to the floor today. work together in a bipartisan manner. pill amendments, to reject the Thomas Mr. Speaker, the issue of how we fi- Just 13 months ago this House over- substitute so we can adopt it on an- nance our campaigns overshadows and whelmingly passed the Shays-Meehan other day, to leave standing Shays- undermines every other issue we de- campaign finance reform bill, 252 to Meehan, and to vote in a bipartisan, bate in this Capitol. It distorts our pol- 179, 61 Republicans, 190 Democrats. overwhelming fashion to tell the Amer- icy with regard to the national defense There is no reason that we cannot pass ican public that we are in fact, as our of our Nation, it distorts and skews our this important measure by even a larg- leader has said, going to return this policy with regard to health care, it er margin today. House to the people. distorts and skews our policy with re- As we all know, Shays-Meehan would Mr. FROST. Mr. Speaker, I yield 2 gard to environmental protection. chip away at this cynicism by banning minutes to the gentleman from New Reasonable men and women of this soft money contributions. In addition, York (Mr. NADLER). Chamber, friends of mine who come to H8186 CONGRESSIONAL RECORD — HOUSE September 14, 1999 the floor and argue otherwise, they will form, they hope that they will be able to dis- go, not an approach that gives an advantage argue that when unions or corporations tract, to decoy the House from voting for a re- to any group. contribute hundreds of thousands of sponsible change in our campaign laws and to By approving the Shays-Meehan bill, Con- dollars in soft money to the parties, avoid public accountability for their actions to gress will be taking the first positive step in that in fact that has no effect whatso- block real campaign reform. campaign finance reforms in decades. This ever on the policy that proceeds from Mr. Chairman, that strategy will not work. legislation will certainly not eliminate all prob- this House. The Members of this House, are working on a lems. This bill will not stop negative cam- I do not believe that, but reasonable bipartisan basis for positive change within the paigning. Nor does it bring all campaign people can differ. What is clear, limits of the Constitution. The American people spending under control. The Shays-Meehan though, is that the fact that there is know that today's system of political cam- bill will, hopefully, be the first step in restoring this question before us undermines paigns and how we fund them is broken. The some sanity to our campaign process. By public confidence in democracy, and American voter also knows that we have to eliminating the infusion of ``soft money'' into the public’s confidence in our institu- enact meaningful reforms to return our political campaigns and closing the ``issue advocacy'' tions of democracy is too important, process to free our political process from the loophole, we are taking important positive far too important to act in any way but perception and reality of special interest con- steps to regain control and public account- to err on the side of prudence. trol and empower the public interest as vital to ability into our political base. This foundation Mr. Speaker, the standard for con- a democracy. will hopefully lead to further positive legislation duct in public office is not simply for The essence of this debate is returning our to restore the rightful role of the American public officials to avoid conflicts of in- political process to the American people; clari- people in our political process. Critics say it terest. It is for us to avoid the appear- fying the election process as inviolate and will not work because of the courts or that the ance of conflicts of interest. Clearly, making certain that the people have a restored only way to go is public financing. The fact re- indisputably, the current system cre- sense of control through their participation; mains that this bill addresses serious loop- ates at least the appearance of conflict making certain that their vote makes a dif- holes and presents a common ground basis to of interest, conflicts of interest be- ference. As campaign spending has sky- act today. tween what is in the best interest of rocketed and campaigns have come to rely To restore the role of the people and to re- the American people and what is in the more and more on paid media, paid phoners turn campaigns to a debate on issues, not interest of those who donate such large and paid consultants, the growing disillusion- sound bites, we must defeat the distracting sums to the parties. ment of the American public has been evi- phony decoy ducks that the Republican lead- Shays-Meehan allows us to transcend denced by declining numbers at the voting ership and other anti-reform groups have float- that conflict of interest. I urge its sup- booth across the nation. A simple review of ed and pass the Shays-Meehan bill today, as port. the Federal Elections Commission compilation installment payment to restoring voter con- Mr. FROST. Mr. Speaker, I yield 1 of national voting turnout reflect a steady ero- fidence and credibility to the federal election minute to the gentleman from Min- sion in turnout over the past 30 years. In process now not later. Mr. DREIER. Mr. Speaker, I reserve nesota (Mr. VENTO). 1960, over 63 percent of the U.S. voting age (Mr. VENTO asked and was given population voted. In the last Presidential elec- the balance of my time. Mr. FROST. Mr. Speaker, I yield 1 permission to revise and extend his re- tion, only 49 percent eligible citizens actually minute to the gentleman from Oregon marks.) voted. For non-presidential years, the percent- (Mr. BLUMENAUER). Mr. VENTO. Mr. Speaker, this is a age of voting age population who actually Mr. BLUMENAUER. Mr. Speaker, I bad rule and a bad deal, but it is the voted dropped by an alarming 11 percent. thank the gentleman for yielding time There is no need to explore in great depth, only option we will get in this Repub- to me. lican controlled House. the causes for voter drop-off. Legions of polit- Mr. Speaker, I feel very strongly The effort here is to try and defeat, ical scientists have debated this matter in aca- about the need to reform the system and if not to defeat to undercut, any demic circles for over the past decade. And that finances our elections on political positive step to make a downpayment we, the practitioners of politics, also have our parties. Far too much of the time of upon true campaign finance reform. own preconceptions of what has brought this Chamber is devoted to fund-rais- The Republican leadership does not about the decline in voter turn-out. For too ing. We as Members know it, and so do want to enact campaign reform. Their many voters political campaigns have become our constituents. It is not surprising transparent behavior and actions speak too slick and too negative. The result, the that the current system has led to a se- louder than words, the Republican voter just disengages from political campaigns. rious erosion of public confidence in postponement of the Shays-Meehan bill Unfortunately, most of the options before us the democratic process. so it will not likely reform the 2000 do nothing or too little to address the totality Also, we know that all too often the election cycle late in this session, and of this problem. Instead these proposals are policy has been shaped by campaign even then to float so many amend- new schemes designed to sidetrack this Body; contributions. One needs look no fur- ments, such wood decoys, as to distract to subvert the goal of campaign finance re- ther than what we have seen with the and shoot down true campaign finance form; and to embed in law special advantages tobacco industry over time. The most reform. and special interest control. In particular, I egregious example I have seen since I Today, hopefully, the House and the would like to draw my Colleagues' attention to have been in Congress was the $50 bil- American public, will let them know the amendment to be offered by the Member lion tax break for the cigarette manu- it’s not duck season, will avoid falling from Pennsylvania, Mr. GOODLING. This facturers slipped into the 1997 tax re- into this public relations trap and de- amendment, masquerading as ``campaign re- form legislation unannounced. mand reform which will ensure the em- form'', in reality targets one segment of our This campaign finance legislation, powerment of voters. society, labor unions, and gags them from authored by the gentleman from Con- Pass Shays-Meehan. Restore credi- communicating with the membership. This necticut (Mr. SHAYS) and the gen- bility. Empower voters, not just the amendment ignores the fact that unions today tleman from Massachusetts (Mr. MEE- special interests in this cycle. Restore are prohibited from using union dues in federal HAN), does not just improve our ter- confidence to the American public. political campaigns and that individuals cannot ribly flawed system. More important, Elections are at the core of our democ- be forced to pay funds that will be used for it will break a logjam that has pre- racy. We need to take this step and pay political purposes. This Shays Meehan legisla- vented reform. an installment in terms of campaign tion in fact treats unions the same as every- It will show the American people we reform. one else by clocking the use of ``soft money'' can deliver something that is good for Mr. Speaker, today the Majority leadership and closing the ``express advocacy'' loophole. the political process and good for is trying to turn the old saying, ``If it quacks Perhaps that is the problem with this legisla- America. It will help us clean up the like a duck, if it walks like a duck, it must be tion, it is too fair. It treats Democrats and Re- political process and make other re- a duck'' on its head. Under that strategy, they publicans, labor and business, the NRA lobby forms easier and more likely. It will hope to put out enough wooden decoys to dis- and gun safety groups alike. The opponents of help us exercise the bipartisan collabo- tract our attention and the attention of the this bill would rather have a bill that tilts the rative reform tendencies that can have American people. With such waddling around process in their direction. The inherent bal- a huge impact on the people’s business and a cacophony of quacking on campaign re- ance of Shays Meehan is the correct way to in this Congress and beyond. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8187 I urge a rejection of the poison pill right on target in trying to provide a REPORT ON RESOLUTION PRO- amendments, and to pass Shays-Mee- wide array of information to the Amer- VIDING FOR CONSIDERATION OF han. ican people as they look at the pros- H.R. 1655, DEPARTMENT OF EN- Mr. FROST. Mr. Speaker, I yield my- pect of choosing their leaders. ERGY RESEARCH, DEVELOP- self such time as I may consume to The issue of campaign finance reform MENT, AND DEMONSTRATION close. is important. It is important for us to AUTHORIZATION ACT OF 1999 Mr. Speaker, it is important that make sure that we do everything that Mr. DREIER, from the Committee on campaign finance reform come to the we can to protect and nurture that Rules, submitted a privileged report floor and be voted on. For that reason, First Amendment to the Constitution. (Rept. No. 106–317) on the resolution (H. we will not oppose this rule, even That is the reason that I am supportive Res. 289) providing for consideration of though this is an unfair rule, an un- of the Doolittle substitute, and I will the bill (H.R. 1655) to authorize appro- usual rule, and a rule structured by the be supporting the gentleman from Cali- priations for fiscal years 2000 and 2001 majority to provide the maximum op- fornia (Mr. THOMAS) in his effort. for the civilian energy and scientific portunity for mischief and the max- I know there has been a lot of talk research, development, and demonstra- imum opportunity to deny the House a about what the level of public interest tion and related commercial applica- direct vote on Shays-Meehan. is in this issue, and clearly there are tion of energy technology programs, This is not a good rule. This is not a some people who want to spend a lot of projects, and activities of the Depart- fair rule. But the minority has no time focused on it. I do not think that ment of Energy, and for other pur- choice but to permit the process to go we should be legislating based solely on poses, which was referred to the House forward and attempt to frustrate the what is the highest rated poll item. Calendar and ordered to be printed. majority’s mischief by uniting our side But I will say this, the issue of cam- f with Members on the other side who paign finance reform is not quite as im- want true campaign finance reform. portant as some of my colleagues have REPORT ON RESOLUTION PRO- We will support Shays-Meehan. We said. VIDING FOR CONSIDERATION OF reluctantly agree that this rule should When the gentleman from New York H.R. 1551, CIVIL AVIATION RE- go forward so the debate may begin. (Mr. NADLER) talked about this being SEARCH AND DEVELOPMENT Mr. DREIER. Mr. Speaker, I yield such an important issue, a decisive ACT OF 1999 myself the balance of my time. issue, as we juxtapose it to the Civil Mr. DREIER, from the Committee on (Mr. DREIER asked and was given War, it seems to me that there are a Rules, submitted a privileged report permission to revise and extend his re- wide range of important things that (Rept. No. 106–318) on the resolution (H. marks.) have taken place betwixt the Civil War Res. 290) providing for consideration of Mr. DREIER. Mr. Speaker, I am and today, ranking all the way from the bill (H.R. 1551) to authorize the happy, even though it is reluctant, to the Second World War to the civil Federal Aviation Administration’s have the support of Members of the mi- rights legislation, which was very, very civil aviation research and develop- nority for this rule. But I have to tell important for our country. As the gen- ment programs for fiscal years 2000 and the Members that they should be en- tleman from California (Mr. THOMAS) 2001, and for other purposes, which was thusiastically supporting it. has just reminded me, we had a man referred to the House Calendar and or- Why? Because it is in fact a very fair who walked on the moon 3 decades ago. dered to be printed. and balanced rule. In fact, the degree of So there are lots of things that are im- fairness is greater than what it was portant. f when my friends on the other side gave We are, because of the level of inter- BIPARTISAN CAMPAIGN FINANCE when they were in the majority. est that exists in this body, proceeding REFORM ACT OF 1999 b 1415 with consideration of this campaign fi- nance reform measure under regular The SPEAKER pro tempore (Mr. This is something called regular order, and I look forward to a free-flow- BONILLA). Pursuant to House Resolu- order. Now, our regular order, in fact, ing and stimulating debate. tion 283 and rule XVIII, the Chair de- says that the gentleman from Cali- Mr. Speaker, I yield back the balance clares the House in the Committee of fornia (Mr. THOMAS), as chairman of of my time, and I move the previous the Whole House on the State of the the Committee on Administration, has question on the resolution. Union for the consideration of the bill, allowed to move forward the one sub- The previous question was ordered. H.R. 417. stitute that was reported favorably The resolution was agreed to. b 1420 from his committee and have that con- A motion to reconsider was laid on IN THE COMMITTEE OF THE WHOLE sidered as a substitute. We have also the table. chosen to make two other substitutes Accordingly, the House resolved in order. f itself into the Committee of the Whole As I said in my opening remarks, 26 House on the State of the Union for the amendments were submitted to the consideration of the bill (H.R. 147) to Committee on Rules. Of those, we have REPORT ON RESOLUTION WAIVING amend the Federal Election Campaign made in order 13. One amendment was POINTS OF ORDER AGAINST CON- Act of 1971 to reform the financing of offered by a Democrat, and that FERENCE REPORT ON S. 1059, NA- campaigns for elections for Federal of- amendment was made in order. So my TIONAL DEFENSE AUTHORIZA- fice, and for other purposes, with Mr. Democratic colleagues have had every TION ACT OF 1999 HOBSON in the chair. amendment that they submitted to the Mr. DREIER, from the Committee on The Clerk read the title of the bill. Committee on Rules made in order Rules, submitted a privileged report The CHAIRMAN. Pursuant to the under this measure. (Rept. No. 106–316) on the resolution (H. rule, the bill is considered as having So it is a very fair rule. It is what is Res. 288) waiving points of order been read the first time. known as regular order. There is no against the conference report to ac- Under the rule, the gentleman from poison pill involved in here. We are fol- company the Senate bill (S. 1059) to au- California (Mr. THOMAS) and the gen- lowing regular order, which is exactly thorize appropriations for fiscal year tleman from Florida (Mr. DAVIS) each what Speaker HASTERT said when he 2000 for military activities of the De- will control 30 minutes. stood in this well on the opening day of partment of Defense, for military con- The Chair recognizes the gentleman the 106th Congress. So I urge my col- struction, and for defense activities of from Florida (Mr. DAVIS). leagues to support the rule. the Department of Energy, to prescribe Mr. DAVIS of Florida. Mr. Chairman, I will say that I am one who does be- personnel strengths for such fiscal year I ask unanimous consent that the gen- lieve very, very strongly in the impor- for the Armed Forces, and for other tleman from Connecticut (Mr. SHAYS) tance of the First Amendment to the purposes, which was referred to the be permitted to control 11 minutes of U.S. Constitution. I think that the gen- House Calendar and ordered to be my time and the gentleman from Mas- tleman from California (Mr. THOMAS) is printed. sachusetts (Mr. MEEHAN) be permitted H8188 CONGRESSIONAL RECORD — HOUSE September 14, 1999 to control 9 minutes of my time during Because back in 1976, the court said, But let me set forth some facts here. the general debate. ‘‘We agree that, in order to preserve In the 1991–1992 election cycle, $86 mil- The CHAIRMAN. Is there objection the provision against invalidation on lion in soft money was raised and spent to the request of the gentleman from vagueness grounds, that the Federal by both political parties. By 1996, that Florida? Election Campaign Act definition must number had exploded to $260 million. In Mr. THOMAS. Mr. Chairman, reserv- be construed to apply only to expendi- next year’s election cycle, it appears ing the right to object, what would tures for communications that in ex- that may reach an unprecedented level then be the time division? The gen- press terms advocate the election or of $500 to $750 million. tleman from Florida (Mr. DAVIS) would defeat of a clearly identified candidate This is a system out of control. This remain with how many minutes? for Federal office.’’ is an example of excess. Control is Mr. DAVIS of Florida. Mr. Chairman, The courts have held to that position moving further and further away from that would leave 10 minutes. consistently. All one has to do is look people and more and more in the hands Mr. THOMAS. Eleven, nine, and ten. at some recent cases. Only go back to of special interests. Those are the Mr. Chairman, I withdraw my res- 1988. Shays-Meehan section 201 is un- facts. ervation of objection. constitutional based upon the decision The same problem is developing with The CHAIRMAN. Is there objection in the Right to Life of Duchess County respect to the sham issue ads. The ar- to the request of the gentleman from versus the FEC. Section 206 of Shays- gument that we are having to debate Florida? Meehan is patently unconstitutional in here on the floor of the House of Rep- There was no objection. the 1999 decision FEC versus the Chris- resentatives is whether people in this The CHAIRMAN. The Chair recog- tian Coalition. country who have special interests be- nizes the gentleman from California We are going to be talking about fore Congress should have a right to (Mr. THOMAS). money spent in the system, and they anonymous political advertising. These Mr. THOMAS. Mr. Chairman, I yield are just absolutely concerned about groups on the right and left are so myself 5 minutes. ‘‘soft money.’’ Well, then, why do they ashamed of their ads, they are unwill- Mr. Chairman, as we enter into this not focus on the need to change the ing to put their names on it. debate, I do think it is important to hard money provisions? Those were set As a result, the voters are listen to ourselves. The chairman of back in the 1970s. This year in Nixon disenfranchised because they are mis- the Committee on Rules made ref- versus Shrink Wrap, in the 8th Circuit led, they are deceived, they do not erence to the gentleman from New Court, overturned Missouri’s $1,000 con- know whose voice they are hearing York (Mr. NADLER) in terms of this tribution limit as being so low that it that is telling them how to vote for a particular candidate. particular vote being the most impor- impaired free speech. These are the merits we are going to tant vote to occur in this society since I think it is fairly ironic that, when defeat today. We need to defeat amend- the Civil War. That statement is just we look at this legislation, the ques- ments like the Doolittle amendment silly. But I am much more concerned tion I think we really ought to address about statements made such as, ‘‘The that are designed to gut this bill. is whether or not the supporters of Mr. Chairman, I reserve the balance American people believe we have a Shays-Meehan have a problem with rigged and corrupt system.’’ Or ‘‘Elect- of my time. other Members of the House of Rep- Mr. THOMAS. Mr. Chairman, it is my ed officials have been bought and paid resentatives duly elected presenting privilege to yield 31⁄2 minutes to the for.’’ their position and their constituents’ gentleman from Arkansas (Mr. HUTCH- To the degree that those are pre- position or whether or not they have a INSON) who, from the day that he set sented as factual statements, I can as- problem with the Supreme Court of the foot in this Chamber, has been for re- sure my colleagues, any evidence that United States that somehow stub- sponsible campaign reform. would prove that I would love to have bornly believes that the First Amend- Mr. HUTCHINSON. Mr. Chairman, I it in my possession. The Federal Elec- ment requires some degree of privilege; thank the gentleman from California tion Commission would love to have it. and that rather than follow the slip- for yielding me this time, and I thank I believe these are basically rhetorical pery slope of it sounds like, it may be, him for his leadership on this issue, comments about what they believe to it appears to be, it ought to be cam- who has been very mainstream and be the situation. paign speech, the court very rightly careful about his approach to it. Well, I can assure my colleagues, if bright-lined the test, express advocacy. The gentleman from California (Mr. that is going to be the level of debate, My colleagues can shop around it, THOMAS) mentioned the Nixon case in if anybody disagrees with the Shays- they can sneak around it, but we will Missouri that it set contribution limits Meehan supporters, they are therefore deny people the freedom of speech only of $1,000, and the 8th Circuit Court of corrupt or that if they believe firmly if it is express advocacy. Appeals said that that is too onerous that substantive differences offered in Frankly, in many sections of the and set that aside. Now that is going to substitutes are not honestly rep- Shays-Meehan bill, it tromps all over, be at the United States Supreme Court resented, then I think we are going to it tramps all over people’s individual level, but it raises a problem. have characterized on the floor of the First Amendment freedoms. There is The Supreme Court has said that House one of the fundamental problems no question that, if this legislation be- contribution limits are constitutional, we have in the area of campaign reform came law, major sections of Shays- that it is certainly fair and reasonable and that is some people believe that Meehan would be declared unconstitu- for this body to determine that there is what they are advocating is not only tional. We have gone down this route an appearance of impropriety or con- perfect, but truth, that simply by pos- before. Let us not go down it again. Let cern about the appearance of corrup- iting it, everyone else in the system is us talk about passing legislation that tion and, therefore, we can set con- somehow less than they are if they do can actually become law and begin to tribution limits. But we know that we not agree with it. make changes. set those in 1974. One of the things I think we need to Mr. DAVIS of Florida. Mr. Chairman, Since then, they have been eroded by establish at the beginning of this de- I yield myself 11⁄2 minutes. inflation to the value is only $300 bate is that people can honestly differ Mr. Chairman, I do not think the de- today. So now the courts are taking a and not be sinister, not be corrupt, not bate here today is about whether the fresh look at this and saying, are those try to rig the system. Frankly, I think system here is broken. I think, fortu- contributions limits constitutional in the supporters of Shays-Meehan have nately, that debate is over. This sys- today’s atmosphere and in today’s to get over hurdle number one, and tem is broken. This system is rancid. It economy? that is go back to the definitive Su- needs repair. So I think that it is important that preme Court case dealing with this era I do not think the debate here today we protect the role of the individual by of campaign reform and explain to is about constitutionality. We know, having contribution limits but at the many of us why Shays-Meehan is not those of us who proudly support Shays- same time making sure they are in- simply, absolutely, flat-out unconstitu- Meehan, that we are about to pass a dexed for inflation so that they do not tional. constitutional bill. continue to erode. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8189 During this debate, we will be offer- We dealt with this in the Florida leg- cally hard money. They are, in fact, to- ing the Hutchinson substitute spon- islature back in 1992. We reduced the tally hard money, not soft money. sored by many of my former freshmen amount of money that PACs and indi- Sometimes we get carried away with colleagues. In that, we are the only viduals could give. And everybody said our rhetoric. She is referring to some- proposal that actually increases the at that time Armageddon. It will not thing which is not at issue in this bill. role of the individual by indexing lim- work. Mr. Chairman, I yield 4 minutes to its to the rate of inflation. I think that My colleagues, let me just tell all the gentleman from Nebraska (Mr. BE- is real progress. It will assure the con- those listening: the Republican party REUTER.) stitutionality of the limits that we actually won. They are in control of (Mr. BEREUTER asked and was place in terms of contributions. the House, the Senate, and the Gov- given permission to revise and extend b 1430 ernor’s mansion. So our party should his remarks.) not fear this issue. Because I think the My good friend from Florida (Mr. Mr. BEREUTER. Mr. Chairman, I voters recognize there is a significant thank the gentleman from California DAVIS) who has been such an ally in un- problem in politics today, and it is derstanding the need for reform, and I (Mr. THOMAS) for yielding me the time. called money. Money influences poli- agree with him, there is the need for Mr. Chairman, campaign finance re- tics. reform in our society; but he men- form is far afield from my committee This is not unreasonable. This does tioned that we should be ashamed of assignments; but I think I, like every not limit free speech. This is not Arma- anonymous ads out there. Member of the House, must focus on If we go back to Thomas Payne and geddon, political suicide, unilateral this issue because it is of fundamental ask him about anonymous disarmament. I think we are fighting a importance to the American political pamphleteering, he would say that is a war rather than a sensible discussion system. basic freedom that we have. We put out on campaign finance reform. The way that we conduct our affairs information, and I think every group, So I urge all of my colleagues as they here, what we do and what we do not they should be able to identify who are listening today to think about the do, is so often related to campaign fi- they are and how much money they are average individual. nance issues. More importantly, I spending. I think that is relevant infor- Yes, I have heard from my side of the think, much beyond that is the fact mation for the American public. But aisle that people at town hall meetings that the citizens’ perception of the re- what is wrong, and this is proposed in do not bring up campaign finance re- lationship between campaign finance the Shays-Meehan bill, is that we go form. Of course they would not. Why and the way their elected representa- into their contributor list, we go in and would they? They want to know what tives vote and perform is very nega- say, who gave to you, and restrict how is happening on crime, education, tive. They have a view that the current much these groups can raise and where health care, things that matter to campaign finance system causes us to they get their money and make sure their lives. But if we ask them one fail to act in their interest. stand-alone question, Do you think they disclose it. That is causing a corrosive effect campaign finance influence politics? The NAACP challenged this one time upon our system. We need to deal with they would give us a resounding ‘‘yes.’’ and said that we do not want to dis- it. Both parties know that we need to Let us fix the system. Shays-Meehan close our contributor list because they have campaign finance reform. Nei- does it. I am proud to support it. could be intimidated, during the civil ther, however, is willing to give up the Mr. MEEHAN. Mr. Chairman, I yield rights era. The United States Supreme particular special advantages that that 1 minute to the gentlewoman from New Court said, that is right, we cannot dis- party has in the current system or York (Mrs. MALONEY), a leader in the close the donors to a group like that. process. Let us do not erode that freedom effort to pass meaningful campaign fi- nance reform. Now, back in the last Congress in that we have by going in and saying which I served in the minority, we had, that we want to disclose the contribu- Mrs. MALONEY of New York. Mr. Chairman, I rise in strong support for I believe, a very extensive, thorough tors to every group that is out there. task force effort to begin to focus on So the bill that we are offering that the bipartisan Shays-Meehan bill. I would first like to commend the au- what changes were needed in campaign will be in the debate accomplishes the finance reform. It is the basis of much main objectives of banning soft money thors of the bill, the gentleman from Massachusetts (Mr. MEEHAN) and the of the legislation that I have intro- to the federal parties. duced or cosponsored over the years. Secondly, it increases information to gentleman from Connecticut (Mr. Our failure to reduce the dispropor- the public, but it does not trounce SHAYS), for their extraordinary con- tionate impact of money in elective upon the Constitution of the United sistent leadership. They have worked politics is, my friends, having a corro- States. selflessly along with a bipartisan coali- As candidates, we do not like criti- tion. sive effect upon the American political cism and ads ran against us. But does The American people strongly be- process. It contributes to suspicion and our discomfort justify restraining the lieve that money should play less of a skepticism among our citizens. Fur- freedom of others? I think the answer role in American politics, that can- thermore, there is more than enough is no. didates should be elected on the blame to go around for both parties. The Hutchinson substitute does not strength of their ideas and not the I would like to focus just on two ele- trounce upon the Constitution. It pro- depths of their war chests. ments here. First, I would say, with re- vides strong, reasonable reform that Campaign finance reform is not just spect to the Shays-Meehan bill, I think can pass this body, that can go to the about one issue. It is about every issue that, unfortunately, the gentleman Senate and have a better chance of cap- that Congress considers: gun safety, from California (Mr. THOMAS) is right turing the vote. I believe that is the di- patients’ bill of rights, minimum wage. that some aspects of that legislation rection that we should go. I com- And the American people know it. are indeed unconstitutional. But what pliment all of my colleagues that have Shays-Meehan will significantly re- disappoints me about our two col- been moving toward reform and show- duce the role of special interests and leagues who have introduced this legis- ing the American people that we can money in American politics. Let us lation is that they have ignored the ac- accomplish this in the United States show the American people that our tion of the House twice now on the sub- Congress. Government is not for sale, that our ject of campaign contributions from Mr. SHAYS. Mr. Chairman, I yield 1 elections are not auctions to the high- noncitizens and from people that are minute to the gentleman from Florida est spender. Vote for Shays-Meehan not U.S. nationals. (Mr. FOLEY). and campaign finance reform. This House has expressed itself, say- Mr. FOLEY. Mr. Chairman, let me Mr. THOMAS. Mr. Chairman, I yield ing that the elections, specifically the thank, first of all, the author of the myself 10 seconds. campaign contributions process lead- bill and the gentleman from Massachu- Mr. Chairman, the gentlewoman from ing up to it, should be reserved for citi- setts (Mr. MEEHAN) for their leadership New York (Mrs. MALONEY) talked about zens and U.S. nationals, like those on this issue. campaign war chests. Those are basi- from American Samoa for example. H8190 CONGRESSIONAL RECORD — HOUSE September 14, 1999 When these two distinguished col- We have the opportunity to do that Meehan bill is the one bill which can leagues said they made minor adjust- today. Please do not support the poison restore integrity to our campaign fi- ments in the legislation they reintro- pill amendments. Please support the nance system. It is the only proposal duced in this Congress, they specifi- Shays-Meehan campaign finance re- that deals with the two biggest prob- cally did not do what the House had in- form bill. lems in our federal elections, soft structed them to do by a wide majority Mr. SHAYS. Mr. Chairman, may I in- money and sham issue ads. vote: restrict contributions to Federal quire as to how much time the gen- It is unfortunate that here we are campaigns to U.S. citizens and U.S. tleman from California (Mr. THOMAS) again discussing the merits of Shays- voters. And we know that the Amer- has remaining versus the three that Meehan versus other proposals. A year ican people expect that prohibition is are dividing up the other time. ago we debated many of these same or should be law. This is a loophole The CHAIRMAN. The gentleman proposals, and we passed Shays-Meehan that became very apparent in the from California (Mr. THOMAS) has 173⁄4 by a vote of 252 to 179. course of the last presidential cam- minutes remaining. The gentleman The House has already decided that paign, and we have a responsibility to from Florida (Mr. DAVIS) has 71⁄2 min- Shays-Meehan is the bill we want to deal with that issue. utes remaining. The gentleman from send to the Senate. None of these sub- The charges against the Bereuter- Connecticut (Mr. SHAYS) has 10 min- stitutes deal with the problem of sham Wicker amendment are not true. I will utes remaining. The gentleman from issue ads, which allow powerful inter- show in the course of the debates on Massachusetts (Mr. MEEHAN) has 8 min- est groups to pour unlimited, unregu- the Wicker-Bereuter amendment that, utes remaining. lated dollars, often from unknown in fact, the arguments against it are Mr. SHAYS. Mr. Chairman, I yield 1 sources, into our campaigns. not valid, or are not procedurally cor- minute to my colleague, the gentleman b 1445 rect. from Minnesota (Mr. RAMSTAD). I also want to say, as a representa- Mr. RAMSTAD. Mr. Chairman, I These ads clearly advocate the elec- tive from a State that has a low popu- thank the gentleman for yielding me tion or defeat of a particular candidate lation, that citizens of our State are the time. but are not subject to present cam- very disturbed about the fact that in Mr. Chairman, I rise as a cosponsor paign finance regulations. Last year, as was mentioned, I en- recent elections in our State more than and strong supporter of the bipartisan dured four grueling elections and half of the money to elect a U.S. sen- Shays-Meehan campaign finance re- watched as wave after wave of attack ator has come from outside the State. form bill. ads flooded my district under the guise Indeed, in one of our races, over half The American people want us to be of informing voters. These ads dis- the money came in from the State of honest and fair, to play by the rules. torted both my record and the record California. In a recent open-seat elec- That is why we need to eliminate soft money, which is clearly the biggest of my opponent. tion in the State of South Dakota, the The Shays-Meehan bill effectively cancer on our political system, a can- most expensive Senate race per capita ends the misuse of issue advertising. It cer that has undermined people’s trust in history was from that constituency. does so by requiring all ads which in the system and many elected offi- Indeed the greatest proportion of clearly urge the support or defeat of a cials. money came in from other states. This candidate in a Federal election to be Soft money is not honest. It is obvi- is resented by the citizens of that treated like what they are, political ously a way to circumvent campaign state. It is not a proper approach. We ads. need to limit the majority of the contribution limits. Soft money raises Let us restore the public’s trust in amount of money coming into House at least the perception of undue influ- our political system. We need to pass races and Senate races to contributions ence on elections and candidates. It is the Shays-Meehan bill and send it to from citizens of those congressional time to ban soft money and erase the the Senate today. districts and the respective states. suspicion that Washington is for sale Mr. THOMAS. Mr. Chairman, I yield I urge my colleagues to support the to the highest bidder. myself 30 seconds. Bereuter-Wicker amendment and the Also, Mr. Chairman, the so-called I would remind the gentlewoman Calvert amendment. issue advocacy ads in many cases are that the Supreme Court has said that Mr. DAVIS of Florida. Mr. Chairman, nothing more than a sham, and we all expenditures for communications that I yield 1 minute to the gentlewoman know it. They are a way to avoid ac- in express terms advocate the election from Oregon (Ms. HOOLEY). countability and a way to avoid con- or defeat of a clearly identifiable can- Ms. HOOLEY of Oregon. Mr. Chair- tribution limits. In short, they do not didate, and that only. man, as I was thinking about campaign play by the rules, either. The statement she just made proves finance reform last night, I also Let us do the right thing today for that Shays-Meehan is unconstitu- thought a little bit about the football the American people. Let us restore tional. game. Just imagine the headlines if trust and accountability in our polit- Mr. Chairman, I yield 31⁄2 minutes to teams started contributing to referees ical process. I urge my colleagues to re- the gentleman from Texas (Mr. based on how that referee called their sist the poison pill amendments and DELAY), the distinguished majority games. Sports fans everywhere would pass the clean Shays-Meehan campaign whip. be absolutely outraged. finance reform bill. Mr. DELAY. Mr. Chairman, I appre- But our democracy is in the exact Mr. MEEHAN. Mr. Chairman, I yield ciate the gentleman’s comments. It same quandary. Every Member of this 11⁄2 minutes to the gentlewoman from also proves that Shays-Meehan is noth- chamber knows that millions of dollars California (Mrs. CAPPS) who, when she ing more than incumbent protection. can flow in and out of campaigns from got elected in the last session, the very Mr. Chairman, it continues to amaze soft money sources depending on how first bill when she got elected to take me that Members of Congress, news- we call the game in Congress. the place of her husband in the Con- papers and ‘‘senior scholars’’ continue As a result, the family checkbook is gress was a sign-on to the Shays-Mee- to advocate limiting free speech and playing a smaller role in our democ- han bill. prohibiting citizens from criticizing racy. Special interests are gaining Mrs. CAPPS. Mr. Chairman, I thank government officials and incumbents more influence than ever over who is in my colleague for yielding me the time. in the name of ‘‘campaign reform.’’ office, what they support, and what Mr. Chairman, I congratulate the au- The first amendment, America’s pre- types of bills this Congress passes. thors of all the bills before us today. mier political reform, was not written Frankly, this is not what democracy is There are some good provisions in the for pornographers or flag burners. It all about. various substitutes being offered, but was drafted to allow citizens to peti- I realize that money and campaigns that is what those bills are, a sub- tion and criticize their government. are impossible to totally separate, but stitute for the real thing, a substitute But Shays-Meehan would stifle free a fair and open campaign finance sys- for real reform. speech and end criticism of elected offi- tem can exist if we support the Shays- Every major reform organization in cials at critical stages of the election Meehan campaign finance reform bill. this country agrees that the Shays- process. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8191 Make no mistake about it. Shays- And also as the Supreme Court said (Mr. LEVIN asked and was given per- Meehan guts the first amendment, 10 years after Buckley v. Valeo, and I mission to revise and extend his re- threatens citizen participation in the quote, marks.) political process, and ends the ability We have consistently held that restrictions Mr. LEVIN. Mr. Chairman, I read of citizen groups to educate the public on contributions require less compelling jus- earlier an ad in a Senate race from the unless they file bureaucratic paper- tification than restrictions on independent State of Washington paid for by the work with the Federal Government. All spending. 479 U.S. 238, 259–260 (1986). Democratic Party. Now an ad from the things considered, this is the mother of In Shays-Meehan, we have a restric- Republican Party in Kentucky in a all government regulation, because it tion that contributions raised outside Senate race. attempts to control the political proc- of the $1,000 per person maximum, can- Voice: ‘‘We all know Scotty Baesler ess and limits freedom just to protect not show up in the funds that go for ex- voted to export thousands of Kentucky incumbents. press advocacy television advertising. jobs to Mexico, what with that NAFTA The Shays-Meehan bill will erect a It is a restriction on the source of our trade deal.’’ Byzantine set of laws and over 275 new money. On these two constitutional Voice of Mexican actor: ‘‘Muchas government regulations that will gag points, let us not make a mistake re- gracias, Senor Baesler.’’ citizens’ speech. These attacks on issue ferring to Buckley v. Valeo as the last Voice: ‘‘But he also voted to give advocacy through statute and regula- word. China special trade privileges, even tion have repeatedly been declared un- I conclude with these two points. The though they’re shutting out Kentucky- constitutional by the Supreme Court Supreme Court said you can control made products.’’ and other lower Federal courts. The contributions much more freely than In Chinese: ‘‘Thank you, Scotty high Court has always viewed issue ad- you can control expenditure. The other Baesler.’’ vocacy as a form of speech that de- side only quotes that it is hard to im- ‘‘And now he wants,’’ the voice says, serves the very highest degree of pro- pose restrictions on expenditure. And, ‘‘to give U.S. tax dollars to the U.N.’’ tection under the first amendment. secondly, in FEC v. Massachusetts Citi- In a multiple foreign language voice That Court has not only been sup- zens for Life, the Supreme Court said, or voices, ‘‘Thank you, Scotty Baes- portive of issue advocacy, it is it is the content, the effect, not the ler.’’ untroubled by the fact that issue ad- magic words. The words kill, the spirit And then in writing on the screen, vertisements may influence the out- giveth life. ‘‘Tell Scotty Baesler to start putting come of elections. Vote for Shays-Meehan. Kentucky first.’’ In Buckley v. Valeo, the Justices Mr. DAVIS of Florida. Mr. Chairman, If it had said ‘‘defeat Scotty Baesler’’ stated, and I quote, ‘‘the first amend- I yield 1 minute to the gentleman from it’s under Federal regulations. Because ment denies government the power to Washington (Mr. BAIRD). that one word is left out, although the determine that spending to promote Mr. BAIRD. Mr. Chairman, I rise whole atmosphere of that ad is a cam- one’s political views is wasteful, exces- today as president of the freshman paign ad, it falls outside of Federal reg- sive or unwise.’’ class and as a strong supporter of the ulations. Express advocacy is the test The Court continues to state that it Shays-Meehan campaign finance re- and that is express advocacy, that ad. is the people, individually and collec- form bill. No one is accusing opponents of tively, some people call them special We need to get back to some common Shays-Meehan of being corrupt. They interests, but they are people, they are sense and to what folks are thinking are defending a corrupting system. American citizens, individually and back in their homes. When they watch Sure the public does not run up and say collectively in associations and com- their TV set and they see the unlimited to us, ‘‘Vote for Shays-Meehan.’’ And mittees who should retain control of independent expenditures and the so- one reason is because they are cynical the debate. called issue advocacy ads, when they that this Congress will ever act. It is Some try to argue that free speech is open their mailbox and vicious propa- time for us to respond to that cyni- not an issue here. But the free speech ganda comes spewing out, they know in cism. It is time for us to act. Vote for implications of the legislation are very their hearts that something is des- Shays-Meehan. clear. For example, Shays-Meehan sup- perately wrong with the current sys- Mr. HOYER. Mr. Chairman, I yield 1 porter and House minority leader Rich- tem. minute and 10 seconds to the distin- ard Gephardt has said that we cannot If we ask our voters a couple of ques- guished gentlewoman from California have both freedom of speech and tions, we know what the answers (Ms. ESHOO). healthy campaigns in a healthy democ- should be: Do you want your elected Ms. ESHOO. Mr. Chairman, I rise racy. representatives to spend more time on today in support of this legislation, Mr. Chairman, we must have both. the phone begging for dollars or more and I want to extend my special thanks Freedom and reform are not mutually time with their constituents and to the gentleman from Massachusetts exclusive principles. Shays-Meehan studying issues? Do you want unlim- (Mr. MEEHAN). We came into the Con- gives us neither. I urge my colleagues ited amounts of external money from gress together. He has been a great col- to vote ‘‘no’’ against Shays-Meehan. untraceable sources to influence the league. If we had paid attention to him Mr. SHAYS. Mr. Chairman, I yield outcome of your election or do you on campaign finance reform and inde- 11⁄2 minutes to the gentleman from want the character and the knowledge pendent counsel, this country would be California (Mr. CAMPBELL). and the ability of the candidates in in eminently better shape. Mr. CAMPBELL. Mr. Chairman, my competition to influence the outcome The American people want us to pass good friends and colleagues seem to of the election? Do you want the legis- this. Why? Because they want to be- have thought that the Supreme Court lative process to be skewed by big dol- lieve in their government, in the insti- ended its jurisprudence with Buckley v. lars or to be determined by the merits tution of the Congress. We continue to Valeo in 1976. Ten years later, the Su- of the argument? That is what is at do less and less on this issue, and their preme Court ruled in FEC v. Massachu- stake here. It is that simple. faith in their government, in this insti- setts Citizens for Life, and I quote: Shays-Meehan may not be perfect, tution of the Congress, in this place The fact that this message is marginally but it is pretty darn good, and it is the that is supposed to be the House of the less direct than ‘‘Vote for Smith’’ does not best we have had coming down the pipe people, they believe in less and less. change its essential nature. The Edition goes in a long time. The American people Why? Because they know that money beyond issue discussion to express electoral advocacy. The disclaimer of endorsement know in their hearts it is time to fix has more and more and more to do cannot negate this fact. . . . The ‘‘Special this system. As President of the fresh- with the decisions that come out of Edition’’ thus falls squarely within [the law] man class, I urge my colleagues to sup- this place. .. . for it represents express advocacy of the port Shays-Meehan. The House of Representatives can election of particular candidates. . . . 479 Mr. MEEHAN. Mr. Chairman, I yield distinguish itself by doing the right U.S. 238, 249–250 (1986). 11⁄2 minutes to the gentleman from thing for the American people. Do we Even though it did not say the magic Michigan (Mr. LEVIN), a leader in our not try to engage our constituents to words ‘‘Vote for Smith.’’ effort to pass campaign finance reform. participate in our campaigns? They are H8192 CONGRESSIONAL RECORD — HOUSE September 14, 1999 doing so less and less. They are engag- puts their life on the line and their Americans no longer believe govern- ing less and less because they know body in the arena, so to speak, should ment to be of, by, and for the people; that money has more and more to do they ever be restricted in what they and the problem is getting worse. with what goes on here. say, whenever, however or whoever In the 1992 cycle there was $86 mil- Today, this vote can inject more con- they talk about? Absolutely not. But lion raised in soft money, in 1996 it fidence in the system. We should com- we are going to talk about today climbed to $262 million, and in 2000 it is port ourselves the way our Founding whether or not these outside groups estimated to be $500 million or more; Fathers and Mothers would. Pass this who call themselves citizens for moth- and no one benefits from the cor- needed legislation. erhood and apple pie should live under rupting influence of soft money. The Mr. SHAYS. Mr. Chairman, I yield the same rules that I do as a candidate, donors do not like the constant pres- such time as he may consume to the or that you might as a candidate. sure or the shake-down to donate soft gentleman from New York (Mr. GIL- Candidates should be able to speak money, the political candidates do not MAN). and groups should be able to speak and like to be ambushed by soft money, and (Mr. GILMAN asked and was given we should all come under the same most importantly, the citizens of this permission to revise and extend his re- rules so the American people have Nation do not like the influence of soft marks.) some accountability to look to on who money. Mr. GILMAN. Mr. Chairman, I rise in they are and who is pulling their Mr. THOMAS. Mr. Chairman, I yield strong support of the Shays-Meehan strings. myself 15 seconds. measure. Mr. MEEHAN. Mr. Chairman, I yield I find it amazing that the First Mr. Chairman, this legislation will close the 1 minute to the gentlewoman from Amendment protections are now called a loophole. Perhaps it is a good idea soft money loophole which currently allows un- Connecticut (Mrs. JOHNSON), a leader in limited, regulated funds from corporations, our effort to pass campaign finance re- that we are just voting on campaign re- labor unions, and wealthy individuals to be form in a bipartisan way. form because, if the Bill of Rights was funneled into to Federal election campaigns. on the floor, I would fear for its contin- b 1500 In addition, it will clarify that it is illegal to raise ued support. Mr. Chairman, I yield 41⁄2 minutes to any moneyÐhard or softÐfrom foreigners or Mrs. JOHNSON of Connecticut. Mr. the gentleman from California (Mr. on government property. Chairman, I thank the gentleman for DOOLITTLE), someone who has been an As a member of the Government Reform yielding this time to me. active participant in terms of making Committee which has been investigating the I rise in strong support of the Shays- sure that the First Amendment is de- alleged campaign abuses of the 1996 Presi- Meehan campaign finance reform bill. fended. dential election, it has become obvious that it We need to restore public confidence and accountability to our federal elec- (Mr. DOOLITTLE asked and was is the soft money system, the illegal raising of given permission to revise and extend foreign money, and the illegal fundraising on tion system, and Shays-Meehan will advance these goals most effectively his remarks.) government property that was the source of Mr. DOOLITTLE. Mr. Chairman, I and forthrightly. most of the alleged abuses and the principal thank the gentleman for yielding this In addition to a ban on soft money, device by which our current election laws were time to me. evaded. the bill closes one of the biggest loop- Mr. Chairman, I find it fascinating to By supporting Shays-Meehan this Congress holes in our current system of cam- hear these same canned speeches given can outlaw practices that the White House paign finance laws by simply imposing again and again identifying the so- helped to prefect during the 1996 election the same rules, the same standards of called problem as a lack of adequate cycle to make certain that they never can hap- public reporting, on groups that fund regulation. These people that are pen again. issue ads as we impose on candidates. bringing to us today Shays-Meehan, it I regret that Congress has been unable to In recent elections we have watched is these very same people and their phi- approve or even consider an meaningful cam- special interest money go to campaign losophy which created this very prob- paign reform measure until now, However, I issue ads in congressional elections lem. But for their regulation, we would am gratified and I look forward to the consid- across the country. One study shows never have heard of soft money. eration of real campaign finance reform. that between 275 and 340 million special Does anyone remember a few years It is important that we effectively restore interest dollars were spent on these ads ago? I certainly do because it was an public confidence in our political system by in the 1997 to 1998 election cycle, yet no issue in my campaign in 1990 and in eliminating the current protection for special citizen could find out who contributed 1992. Then the focus of their attack was interests, and address the growing problem of those dollars spent on these ads, hard money and the form of PACs, the ``soft money''. though they can find out every dollar, political action committees, another Accordingly, although I am disappointed that who contributed every dollar to any spawn of the regulation that they gave this legislation fails to limit PAC contributions, candidate running in a federal election. us. This does not work, and it will I support the Shays-Meehan reform measure Shays-Meehan will simply clamp never work, and Shays-Meehan is try- since it is the only measure that will provide down on these special interest dollars, ing to tighten the screws a little fur- real campaign finance reform by banning soft Mr. Chairman, and I urge support for ther and put more limitations over money and clarifying the illegal fundraising of this important election reform. here and box people in over there, and foreign funds. Mr. HOYER. Mr. Chairman, I yield 1 it will not work. Accordingly, I urge my colleagues to support minute to the distinguished gentleman The Supreme Court recognized that the Shays-Meehan Bill. from Texas (Mr. TURNER). years ago in the Buckley case. I will Mr. SHAYS. Mr. Chairman, I yield 1 Mr. TURNER. Mr. Chairman, the just quote from it. It said it ‘‘would na- minute to the gentleman from Ten- time has come to take the for-sale sign ively underestimate the ingenuity and nessee (Mr. WAMP). off the door of the United States Con- resourcefulness of persons and groups Mr. WAMP. I thank the gentleman gress. The public’s trust and confidence desiring to buy influence to believe for yielding me this time. in government has been seriously erod- that they would have much difficulty Mr. Chairman, we are now at the ed by a system that allows big money devising expenditures that skirted the heart of the substantive debate and the to have too much influence on the po- restriction on express advocacy of elec- general debate for a bill that makes litical process. tion or defeat but nevertheless bene- significant progress to improve the Mr. Chairman, we currently have a fited the candidates’ campaign.’’ current system. Since 1991, I have ei- broken system of campaign finance. The Supreme Court anticipated this ther been a candidate for election or There are two ways to give, hard very clearly, and obviously the profu- reelection to the U.S. House of Rep- money which honors the intent of the sion of soft money has fulfilled what resentatives and filed the necessary pa- law to limit contributions and disclose they anticipated. perwork. All the money that I raise the source, and the other way, soft But they did not write the statute, and spend is regulated by the Federal money, which skirts the law and allows the Congress did. It is their limits on Government. Should we in any way re- unlimited amounts to be given from hard dollars that have never been ad- strict what a candidate who files, who undisclosed sources. No wonder most justed, that have been eroded by two- September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8193 thirds the purchasing power of the dol- that that cannot happen in a demo- done by the fact that the victim’s lar that has given rise to soft money. cratic form of government and making heart continues to beat after the ter- Furthermore, there is nothing wrong sure that everyone plays by the same rible deed is done and the body has with soft money. It is the constitu- rules. It does not restrict speech. It been dismembered and hidden. In this tional rights of groups to engage in po- provides for all the speech my col- excerpt that I wish to share with my litical debate and in free speech. That leagues want under the campaign laws. colleagues the murderer is being ques- is not a loophole. But big-government Mr. Chairman, I yield 1 minute to the tioned by the police. Observe his tac- liberals like Senator Bradley, for ex- gentleman from California (Mr. CAMP- tics as he tries to shift attention away ample, has repeatedly talked about BELL). from his own guilt. this problem of involvement in the po- Mr. CAMPBELL. Mr. Chairman, in ‘‘No doubt I now grew very pale, but litical process as keeping ants out of 1978 the Supreme Court upheld limits I talked more fluently and with a the kitchen. Do my colleagues know on how much individuals could con- heightened voice. Yet the sound in- what we do with ants that are in the tribute. In that opinion which has been creased. What could I do? I gasped for kitchen? We wipe them out, and that is cited so often, Buckley versus Valeo, breath, and yet the officers heard it what Senator Bradley and Vice Presi- the Court also dealt with the $5,000 not. I talked more quickly, more vehe- dent GORE and all the other big-govern- limit on how much PACs could give; mently, but the noise steadily in- ment thinkers would like to do to and the court upheld that, too. They creased. I arose and argued about tri- Americans’ precious right to engage in said if they did not uphold it, we would fles in a high key and with violent ges- unfettered political speech, the very have just the possibility of subterfuge, ticulations, but the noise steadily in- thing the First Amendment was de- because the same individual could give creased. I paced the floor to and fro signed to protect. to the PAC, and then the 1,000 limit with heavy strides as if excited to fury Congress shall make no law abridging would mean nothing. by the observations of the men, but the the freedom of speech, and Senator The Supreme Court in that case cited noise steadily increased. I foamed, I MCCAIN and the gentleman from Con- by the gentleman from Texas (Mr. raved, I swore, but it grew louder and necticut (Mr. SHAYS) and Mr. FINEGOLD DELAY), and the other good friends who louder and louder, and the men chatted and Senator Bradley and a host of oth- have spoken against Shays-Meehan, pleasantly and smiled. Was it possible ers have come forth with bills designed says, ‘‘Rather than undermining free- they heard not? All mighty God, they to do exactly that, to abridge our pre- dom of association, the basic provision have heard, they suspected, they cious, God-given freedom of speech. enhances the opportunity of bona fide knew.’’ It would be a nightmare to pass a law groups to participate in the election Mr. Chairman, opponents of Shays- that placed in doubt whatever political process. . . .’’ Meehan have successfully killed this communication we had. It would be a So today we go the next step to avoid bill in the past, but each time its heart complete disaster, such as the Shays- the evasion of these limits through soft has lived on. This year opponents will Meehan bill does, to make it in doubt money and through advertisment try again, but just like in the tell tale whether what is being said falls within where the exact same words as in a heart, no matter how loud the voices what is permissible because it is sub- candidate’s ad are said, but they do not grow, no matter how vigorously the ar- ject to a totality test or reasonableness exactly say ‘‘vote for.’’ Then there is guments are made, the heart of reform test. Indeed, this will severely crimp no limit. We must close the loophole. If will keep beating, and it will condemn political debate at the very time when the Supreme Court upheld the limita- those who seek to do it violation. people most want to get information, tion of 1,000 per individual, 5,000 per Mr. THOMAS. Mr. Chairman, I yield and in this information-weary age, PAC, and an absolute ban on corpora- myself 1 minute. when people tune out from politics just tions and unions, surely they would up- Mr. Chairman, I certainly was not a about the whole time except just before hold a limitation on as huge an end-run lit major in college, but my recollec- the election, Shays-Meehan kicks in as soft money constitutes. tion of Edgar Allen Poe’s The Telltale and severely restricts what kinds of Mr. MEEHAN. Mr. Chairman, I yield Heart, was that the heart beating was communications can go on. myself 30 seconds. in his head, that in fact it was a dream, I would just call to everyone’s atten- The previous speaker, the gentleman it was a myth. It was not reality, and tion, and I have distributed here a from California (Mr. DOOLITTLE) talked I think the gentlewoman’s point is ex- great editorial especially for people about Bradley and GORE and all of cellent if, in fact, that is the case that who think of themselves as conserv- these government centrists, liberals. she is making, that in fact there was atives or Republicans called Campaign Let me cite from an opinion in McIn- no true heartbeat. There is no true Finance Charade. This article details tyre versus Ohio Board of Elections by problem here. why this whole scheme of regulation is a couple of real regulators, Justice Let me also say that my friend from really designed to disadvantage con- Scalia and Rehnquist. The First California (Mr. CAMPBELL) complaining servative ideas and to advantage left Amendment provides that the Govern- that we use Buckley versus Valeo in wing ideas. That is what the present ment may not prohibit the expression the support for soft money just used it regulation we have was designed to do, of an idea. The disclosure law here by for hard money, and I would love to and it worked great for 20 years. contrast forbids the expression of no ask the gentleman if the Dow Jones av- Mr. Chairman, this is a charade. Big- idea, but merely requires identification erage was about 800 in 1978, and of government regulation does not work of the speaker when the idea is uttered course it is about 10 times that amount anywhere. We know that. And it cer- in the electoral context. That is Scalia now, would he support an increase in tainly does not work in campaigns. If and Rehnquist. hard dollar amounts? it did work, we would not be having Mr. Chairman, I yield 2 minutes to Mr. CAMPBELL. Mr. Chairman, will this debate today because everything the gentlewoman from Michigan (Ms. the gentleman yield? would be fine in this country, and the RIVERS). Mr. THOMAS. I yield to the gen- fact of the matter is it has become a Ms. RIVERS. Mr. Chairman, for some tleman from California. Rube Goldberg network of complica- reason this debate always moves me to Mr. CAMPBELL. Mr. Chairman, I tion that will only be worse and made use literary reference to illustrate my would indeed be pleased to include an more complicated by Shays-Meehan. I point. Last Congress I relied on Dr. increase in hard dollar amounts as part urge defeat of that proposal and pas- Seuss and his work, The Cat in the Hat. of a comprehensive package that bans sage of the one proposal that takes us This year, as I contemplated this up- soft money. Would the gentleman from in the other direction, which is H.R. coming argument, I was struck by the California? 1922. similarities between the continuing de- Mr. THOMAS. I would tell the gen- Mr. SHAYS. Mr. Chairman, I yield bate here in this House on campaign fi- tleman at every opportunity to place myself 20 seconds to say that the gen- nance reform and a story by Edgar that in Shays-Meehan and did not do tleman from California (Mr. DOO- Allen Poe, the Telltale Heart. In that it. It certainly would be more attrac- LITTLE) is right. This is about not buy- short story, Poe tells of a dastardly tive if it was a fair, even-handed ap- ing elections. It is about making sure murder in which the murderer is un- proach to dealing with dollars in the H8194 CONGRESSIONAL RECORD — HOUSE September 14, 1999 system instead of what amounts to a I am convinced the reason people do I believe that those of us who benefit from choking down of available dollars. not talk about campaign finance more, the campaign system can not possibly agree Mr. Chairman, I yield 3 minutes to it does not show up in the polls, is not on all the needed reforms. An independent the gentleman from Texas (Mr. BRADY). that people do not want it but they commission must be created to thoroughly re- b 1515 have just given up hope that Congress view the system and make recommendations will do something about it that we will to Congress regarding necessary changes. I Mr. BRADY of Texas. Mr. Chairman, actually do something to make life a am pleased to report that Shays-Meehan in- my mom came to visit over the Labor little tougher for us up here and a lit- cludes a provisions establishing such a com- Day weekend to see our new baby boy, tle more grass-roots oriented back mission. and I told her that in my second term home. The Hutchinson bill does that. It Shays-Meehan is a good bill; it is a thor- I still pinch myself every day that I is very important for America. I think ough bill; it is a bipartisan bill; and it is a bill have the opportunity to serve in the it is very important to give hope to that we passed last year and should pass U.S. House of Representatives. It is people to pass this bill. again this year. As such, I urge my colleagues such a privilege, but one of my fears is Mr. HOYER. Mr. Chairman, it is a to once again vote in favor of Shays-Meehan. that we are drifting away from a cit- great honor to yield 1 minute to the Mr. SHAYS. Mr. Chairman, I yield 2 izen Congress, a citizen Congress that distinguished gentleman from the minutes to the gentleman from Wash- our Founding Fathers and Mothers en- State of Michigan (Mr. DINGELL), the ington (Mr. METCALF). visioned for us. senior Member of the House of Rep- (Mr. METCALF asked and was given The cost of an open competitive cam- resentatives who has had more experi- permission to revise and extend his re- paign for Congress these days is just a ence with respect to this issue than marks.) Mr. METCALF. Mr. Chairman, we little less than a million dollars, and it any other Member, and cumulatively have an opportunity today to pass is doubling about every 4 years or so. perhaps more than most of us elected. campaign finance legislation. Shays- My fear is that there are a lot of good (Mr. DINGELL asked and was given Meehan is the real campaign reform people in my community who will permission to revise and extend his re- that can become law. Unfortunately, never raise their hands to run for Con- marks.) gress because they do not have a mil- Mr. DINGELL. Mr. Chairman, I hope some amendments and substitute bills lion dollars. They do not even know my colleagues are listening to the peo- are being offered today by people op- where they can find a million dollars ple out there because if there is one posed to Shays-Meehan because they laying around. I do not think the very thing to be heard, people think that hope that these measures will kill the wealthy can make great decisions for the system is corrupt, that it is being bill. We cannot afford to make changes us. It is just that for a representative further corrupted by money, that it is that have the potential to split off key democracy like ours, I do not want to being corrupted to the point where voting blocks and thus sink the only wake up some day and find out that a Congress will do nothing except profit lot of good people who would make chance for real reform this year. from this money. Soft money is of special concern. By great decisions in Congress cannot ever I think it is time we do something. closing the soft money loophole, we re- run because of the cost factor. Let us restore the confidence of the store the faith of our citizens in our po- I want to return to a citizen Con- American people to government, to litical process. gress. That is why I am a cosponsor this establishment, and to each of us. with the gentleman from Arkansas I am confident that we will enact We are the system, and all of us are real and honest campaign finance re- (Mr. HUTCHINSON) of the Campaign In- being hurt by this system. tegrity Act we are voting on today. form today. I spent, the first election I ran, Mr. HOYER. Mr. Chairman, I yield 1 First, common sense tells us new $19,000. I have spent since then in cer- minute to the gentleman from Indiana campaign laws will not do a whole lot tain elections over a million dollars. (Mr. ROEMER), co-chair of one of our if we do not first enforce the ones we That is far too much. It is unjustifi- largest centrist caucuses, cochairman have on our books. That is why I think able. It is unnecessary. It denies de- of the New Democrats. the gentleman from California (Mr. serving, good candidates an oppor- (Mr. ROEMER asked and was given THOMAS), the chairman, has a bill tunity to participate in the system; permission to revise and extend his re- today that ought to become the law of and, on top of that, it brings a bad marks.) the land. smell to the election process of this Mr. ROEMER. Mr. Chairman, one of Secondly, any campaign finance country. our preeminent Supreme Court justices ought to preserve free speech. We Just a little while back, we spent wrote that, and I will paraphrase him, ought to encourage the people to be in- something like $85 million in the 1997– that if one does not have access to mil- volved in this process. This is their 1998 election cycle. More recently, we lionaires or if one is not a millionaire, country. They ought to be speaking have spent as much as $193 million. they might as well not run for political out strongly for it. This time, we are going to spend $500 office. So today, I predict that Shays-Mee- million in that. That is a grotesque ex- Alexander Hamilton pointed at this han will pass by a comfortable margin cess, and it is something which does great body and said, here, sir, the peo- as it did last year, and I predict that it neither credit nor does it build con- ple govern, the people. will die the same predictable public fidence in us or in the system. We hear loud and clear from the peo- death it did last year in the Senate, for I would urge my colleagues to sup- ple today that they think the current good reasons. It is constitutionally port Shays-Meehan. It is the way to system is dominated with dialing for flawed. It will not pass the Senate. It clean up the system and restore the dollars, negative advertising, and will not pass constitutional muster. confidence of the people. polsters. So here is my message to the Senate. I would also like to thank all of the Members The Shays-Meehan bill takes some When Shays-Meehan dies, as it will on both sides of the aisle who have put par- modest steps to clean this system up again, look at the Hutchinson bill. If tisanship aside and are truly interested in and restore some of the trust and con- we are serious about real reform, if we cleaning up the campaign financing process fidence by looking at and regulating are serious about closing the soft which has been corrupted, most notably by soft money, or sewer money, and slam- money loophole, if we are serious about soft money. ming the lid on the amount of soft preserving free speech but letting peo- This is not a partisan issue. Our national po- money that comes into campaigns and ple know more about who is financing litical party committees raised $193.2 million in trying to get some parameters around us and pushing us back into our dis- soft money during the 1997±1998 election the issue ads, or the attack and the tricts and communities to raise money cycle, more than double the $85.3 million they sham ads, that dominate TV today. rather than up here in Washington, the raised during the last non-presidential cycle in So many of the American people Hutchinson bill is real reform. It is 1993±1994. This increase is astounding and want to turn their TV sets off and not constitutionally very sound. It makes there are no signs that this trend will subside pay any attention to the elections. good sense; and, more importantly, the unless we act together today to stop this cor- Vote for Shays-Meehan for responsible reason we need to pass that bill is that ruption of our election process. and modest campaign finance reform. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8195 Mr. MEEHAN. Mr. Chairman, may I Then from there it is sent, without the islation of the gentleman that will pre- inquire as to how much time each of us permission of the employees, to sup- vent them from occurring in the fu- has remaining? port issues that in most cases a major- ture. The CHAIRMAN. The gentleman ity of the union members oppose. Mr. SHAYS. I would like to reclaim from California (Mr. THOMAS) has 51⁄4 Thomas Jefferson said to compel a my time and say, the gentleman needs minutes. The gentleman from Mary- man to furnish contributions of money to read the bill. The gentleman needs land (Mr. HOYER) has 21⁄4 minutes. The for the propagations of opinions which to read the bill. Read the bill. The bill gentleman from Connecticut (Mr. he does not believe is sinful and tyran- is very clear. We ban soft money, and SHAYS) has 41⁄4 minutes. The gentleman nical; and yet, that is exactly what is we call the sham issue ads what they from Massachusetts has 11⁄2 minutes. happening today. truly are, campaign ads. Mr. SHAYS. Mr. Chairman, I yield Campaign ads that are purchased b 1530 11⁄2 minutes to the gentleman from today by the Washington union bosses South Carolina (Mr. SANFORD). will not be publicly disclosed. There As soon as we call it a campaign ad, Mr. SANFORD. Mr. Chairman, I will be no permission granted from the we cannot use union dues money. We thank the gentleman from Connecticut employees who contributed these cannot use corporation money. (Mr. SHAYS) for yielding me this time. funds, and there will be no public Mr. TIAHRT. Mr. Chairman, this is Mr. Chairman, everybody has a dif- record; money taken without consent, not corporation money that we are ferent perspective on this; but one spent on issues not reported, without talking about. thing that I do know is that there is a any public disclosure, starting a cam- Mr. SHAYS. Yes, we are. very simple break in the track and paign about 15 months from now. I would like to ask the Chairman how that is some people here in this body Well, what is there in this piece of much time I have left. view government as coercive and that legislation that is before us that is The CHAIRMAN. The gentleman if it grows, it will basically destroy going to prevent such injustice? What from Connecticut (Mr. SHAYS) has one freedom. is there in Shays-Meehan that is going and one-quarter minutes remaining. Other people view that, no, it is not to correct this problem? There is noth- Mr. THOMAS. Mr. Chairman, I yield coercive. Leave it alone. Let it grow. It ing in here. There is no public disclo- myself such time as I may consume to is not going to impact us one way or sure. There are no limits on what these indicate that I find it interesting that the other. union bosses can say. There is nothing the gentleman from Connecticut will I am a conservative. I fall into that that they can do. not accept language in his bill banning first camp, and if someone views the Mr. SHAYS. Mr. Chairman, I yield the use of involuntary union members’ government as coercive, it seems to me myself 2 minutes. dues for political purposes, which I logical to say that they would want to Mr. Chairman, I would like to ask think is exactly the point that the gen- limit one’s ability to control the lead- the gentleman, since it has been tleman from Kansas is making. Not ers of government that would affect its against the law since 1947 for union even allowing an understanding of the ability to coerce others to do other dues money to be used in campaigns fact that one does not have to con- things. Tamaraz, when asked by Sen- and they are able to get around it tribute them and that union dues are ator THOMPSON, why did you give all through two features, one, soft money being used in that sense. the money that you gave, his response and sham issue ads, why would the gen- The gentleman from Kansas I do not was, because it worked. tleman not want to end those two loop- believe has had sufficient time to re- If we look at Bernard Schwartz, who holes? spond, and so I yield 1 minute to the was brought up with the technology Mr. TIAHRT. Mr. Chairman, will the gentleman from Kansas (Mr. TIAHRT). transfer with China, we can see a clear gentleman yield? Mr. TIAHRT. Mr. Chairman, what correlation between money spent and Mr. SHAYS. I yield to the gentleman the unions have been doing is running results. from Kansas. under the concept of political edu- So it would seem to me perfect logic Mr. TIAHRT. The money that is cation activities, these sham ads, as to say I am a conservative, I want to taken to run these ads comes involun- the gentleman referred to as sham ads. limit government, and I want to limit tarily from union dues. What I think is an injustice is number people’s ability to pull the levers of Mr. SHAYS. It is against the law. one, this is money that should not be government. Mr. TIAHRT. Well, currently there is taken involuntarily. The Beck deci- We can see this, for instance, again, a Beck decision which has been sup- sion, if it was enforced by this adminis- with the sugar subsidy. If we look at, ported by the Supreme Court, but it is tration, would stop that problem. The for instance, the sugar subsidy pro- not enforced by the Clinton adminis- gentleman’s legislation does not do gram, it is a perfect example of how a tration and yet there is nothing in the that. small group is able to coerce the legislation of the gentleman that helps Mr. SHAYS. Mr. Chairman, the gen- wheels, the machinery of government, us to enforce the Beck decision. tleman is not correct. to their own gain because that program Mr. SHAYS. Mr. Chairman, reclaim- Mr. TIAHRT. Mr. Chairman, I think takes a billion dollars a year in the ing my time, I would say to the gentle- that is correct. form of higher sugar prices for all of us men he is an honest and good man and The second thing is, somehow I think as consumers and it distributes it to when he knows the facts, he should be that we need to have an opportunity about 60 domestic sugar producers. voting for this bill because it has been for me to respond to this. I cannot do Mr. THOMAS. Mr. Chairman, I yield against the law since 1947 for union that under current campaign limits. I 2 minutes to the gentleman from Kan- dues money to be used in campaigns; need the ability to raise the money in sas (Mr. TIAHRT), someone who has a 1907, for corporations to be used in order to respond to these ads that are very personal message to convey. campaigns, and both happened because supposedly political education ads, but Mr. TIAHRT. Mr. Chairman, many of soft money and sham issue ads. in truth are running to try to under- Americans believe that our campaigns As soon as a sham issue ad is called mine my campaign for reelection. are too long and too negative. Well, my a campaign ad, one cannot have either Mr. SHAYS. Mr. Chairman, how campaign for the Fourth District of corporate money or union dues money. much time do I have remaining? Kansas election in 2000 started today. Given that, why will the gentleman The CHAIRMAN. The gentleman Today, the unions, the Washington not support the bill? from Connecticut (Mr. SHAYS) has 11⁄4 union bosses, are purchasing television Mr. TIAHRT. Mr. Chairman, will the minutes remaining. time to run ads against me this very gentleman yield? Mr. SHAYS. Mr. Chairman, I yield day, almost 15 months out. Too long, Mr. SHAYS. I yield to the gentleman myself 1 minute. too negative, false and misleading ads. from Kansas. I just want to explain to the gen- Now, it started with money taken by Mr. TIAHRT. I would say that these tleman that it has been against the law mandatory union dues and then it fil- ads have run in the past against me since 1907 for corporate treasury money tered its way into the Washington and they will be running very nearly in to be used in campaigns and since 1947 union bosses coffers, their pockets. the future, and I see nothing in the leg- for union dues money to be used in H8196 CONGRESSIONAL RECORD — HOUSE September 14, 1999 campaigns. The way they do it, the the Clinton administration for not en- They look at the way this system worksÐ way they go after you, either corpora- forcing the Beck decision. the explosion of soft money, fat cats buying tions or unions, is through soft money, Well, guess what? The Shays-Meehan access, White House coffees, the Vice-Presi- because it is not called campaign legislation codifies the Beck decision. dent dialing for dollars, foreign contributions, money, and sham issue ads, because it It puts it into law. So if we think the Members and Senators spending every wak- is not called campaign money. We abol- Clinton administration ought to en- ing moment raising cash, attack ad piled upon ish both. That is the basis, the very force the Beck decision, then vote for attack ad piled on top of attack ad. center of our bill. Shays-Meehan, because we codify the The American people see a rigged system The gentleman wants to give unions legislation. that serves the self-interest of the politicians permission in their union dues to do it So I think if Members, with all due already in power. They have absolutely no if they agree; we do not even allow it. respect, would look at this legislation, reason to believe that there will ever be any It has been against the law since 1947. they would find that this is not Demo- real reform. So to them: what's the use? And so, sir, it would be an impos- cratic legislation, it is not Republican Perhaps the most corrosive development sibility for those advertisements to run legislation. It represents both sides sit- has been the explosion of so-called ``soft against the gentleman if our legisla- ting down and working together, and money''Ðdonations from wealthy corporations, tion passed, and that is why I am so that is the reason why the Shays-Mee- individuals, labor organizations and other dumbfounded why the gentleman would han legislation codifies the Beck deci- groups to the major parties. These funds are oppose it. sion, and that is why the gentleman raised and spent outside the reach of federal Mr. Chairman, I reserve the balance from Kansas should vote for this legis- election law and are directly connected to of my time. lation for fairer elections. many of the scandalous practices now the Mr. THOMAS. Mr. Chairman, I yield Mr. THOMAS. Mr. Chairman, I yield focus of numerous Congressional investiga- myself 1 minute. myself 10 seconds. tions There seems to be some confusion. Mr. Chairman, this debate is getting Of course, there are many critically impor- The gentleman from Kansas is talking a little bizarre. As the gentleman from tant issues that we will examine during the about union money that is spent for Massachusetts well knows, the Beck course of this debate. The Shays-Meehan pro- ‘‘political education.’’ There is abso- decision applies to nonunion members, posal addresses many of themÐbanning lutely no limit on the use of forced to those who are not members of the contibutions on federal property, an expanded union dues for registration, turnout, union. The whole point is, the coerced ban on franked mail, the so-called Beck regu- and political education. The advertise- union dues are being spent. lations, issue ads, new prohibitions on foreign ments are under the guise of educating I appreciate the gentleman’s attempt contributions, et cetera. union members. It is not a campaign to obfuscate the issue. It is union mem- ad; it is unlimited money for political bers, not nonunion members. But if we do nothing elseÐlet's ban soft education. Mr. MEEHAN. Mr. Chairman, I yield money. My colleaguesÐsoft money is at the The unions have been allowed since myself 10 seconds. heart of each and every one of these scandals the same 1940s to run a committee on The gentleman from Kansas was we see in the headlines todayÐnights in the political education, COPE, the political talking about those monies that go to Lincoln Bedroom, White House coffees, al- arm of labor unions. In this legislation, people who are part of a union that go leged contributions from the Chinese military COPE is not required to open up its to campaigns and they have a right to to the DNC, and more. books; it is not required to show where say, we do not want it to go to those The Shays-Meehan bill is the only substitute and how its money is spent. The gen- campaigns. That is precisely what it is. amendment that contains a hard ban on soft tleman simply coddles unions at the The gentleman complained about the money. expense of other people’s ability to Clinton administration not enforcing The American people are disgusted. They know where involuntary union dues, the Beck decision, but he should vote are totally turned off and cynicalÐthis cyni- coerced by the labor bosses, are being for Shays-Meehan. Let us make it the cism is forcing Americans to drop out of the spent. law of the land. political process that is our democracy. Mr. Chairman, I yield 30 seconds to Mr. SHAYS. Mr. Chairman, I yield Let's ban soft money outright. Support the gentleman from Kansas (Mr. such time as she may consume to the Shays-Meehan. TIAHRT). gentlewoman from New Jersey (Mrs. Mr. THOMAS. Mr. Chairman, could I Mr. TIAHRT. Mr. Chairman, I thank ROUKEMA). inquire as to the time remaining. the gentleman from California for (Mrs. ROUKEMA asked and was The CHAIRMAN. The gentleman yielding me this time. given permission to revise and extend from California (Mr. THOMAS) has 35 If it has been against the law for the her remarks.) seconds remaining; the gentleman from unions to do this, they have done it in Mrs. ROUKEMA. Mr. Chairman, I am Maryland (Mr. HOYER) has 21⁄4 minutes the past, not only in my district, but in strong support of Shays-Meehan and remaining. across the Nation. If it is against the really appreciate this dialogue and this Mr. HOYER. Mr. Chairman, I think it law, then why today are they pur- debate that has been going on. I is 21⁄3 minutes, frankly. chasing time to run these ads against strongly support Shays-Meehan. Mr. THOMAS. Mr. Chairman, I me which are, in fact, a sham ad. They Mr. Chairman, the rhetoric of this debate is thought I had 45, but that is okay. are under the guise of political edu- out of control. Unconstitutional? This bill is not The CHAIRMAN. The gentleman cation, but they will occur. There is no perfect. Let's remember the facts! Soft money from Connecticut (Mr. SHAYS) has 30 enforcement of the current law. I do is a loophole created to sabotage the constitu- seconds remaining; and the gentleman not expect even if your law did pass, tional and comprehensive reforms of the post from Massachusetts (Mr. MEEHAN) has there would be any enforcement by this Watergate Nixon Era corruption. Now we can 35 seconds remaining. administration, because it does coddle return to reforms. The lack of fundamental Mr. THOMAS. Mr. Chairman, I be- the unions. change in our campaign finance practice is lieve under the rule I have the right to I appreciate the gentleman’s con- one of Congress' most significant failings. close. versation. Clearly, our campaign finance system is out of Mr. MEEHAN. Mr. Chairman, I yield control. The signs of impending disaster domi- The CHAIRMAN. The gentleman myself 45 seconds. nate the headlines every day. from California has the right to close. Mr. Chairman, this is really the crux But over the next several hours we will hear Mr. THOMAS. Mr. Chairman, I will of the frustration with getting cam- variations on the same theme from opponents reserve my 35 seconds. paign finance reform passed. I respect of reform. They will say: ``We are not hearing Mr. HOYER. Mr. Chairman, I yield 30 the gentleman from Kansas, and the from anyone on this issue. The polls give this seconds to the gentlewoman from Ohio gentleman got up and said that we had issue very low priority. The American people (Ms. KAPTUR). a Beck decision, which was a court de- don't care about campaign finance reform.'' Ms. KAPTUR. Mr. Chairman, I thank cision that said the unions could not That's the refrain we will hear. the gentleman for yielding. use their union dues to go to political I submit that the American people do care. In closing this debate, let me just say advertisements, and then he criticized But they've given up on us. Is it any wonder? that the whole debate should be about September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8197 restoring the public’s faith in our gov- voting for it, we passed a campaign fi- nance Reform Act of 1999.'' Last year, com- ernment and their trust. Allowing elec- nance reform bill. It went to the Sen- mitted members from both sides of the aisle tions to be bought by the highest bid- ate and 57 Senators some days later came together to pass the Shays-Meehan der will not restore that trust, and cer- voted to send that bill to President Campaign Finance Reform Act and defeated tainly raising campaign contribution Bush. That bill limited the amount of the many months of complicated parliamentary limits will not restore that trust. money in campaigns. It limited soft procedures designed to filibuster the bill. To those who claim that campaigns money. It provided for campaign fi- The fight for campaign finance reform has in this decade cannot be won on just nance reform. Unfortunately, that bill begun once again. Last session the House ap- $100, look per contributor, look at what was vetoed. proved the Shays-Meehan bill by a resounding Lawton Chiles did in Florida. He was We are now here, some 7 years later, 252 to 179 vote with much help from my Re- able to win in keeping within campaign and we have another opportunity to do publican colleagues. Many of whom still sup- finance spending limits. The law was what the American public expects us to port reform. I urge my Republicans colleagues reformed there, and he won. do, to make their elections as honest to join us again in this stride toward a fairer, Let us bring back the people’s trust and open as we possibly can. Is it dif- more just system of financing campaigns. in our Government. Vote against this ficult? Yes. Is it impossible? No. The The purpose of this Shays-Meehan bill is to amendment. We need limits, not in- Shays-Meehan perfect? Obviously not. cut off the flow of unlimited and often undis- creases in contribution levels. But it is our best opportunity in this closed money into the federal election system. Mr. MEEHAN. Mr. Chairman, I yield Congress to speak out on behalf of the To do thatÐthe Shays-Meehan bill closes the myself the balance of my time. American public’s desire for clean and two primary loopholes through which this The CHAIRMAN. The gentleman fair campaigns. money flows into federal campaigns, soft from Massachusetts is recognized for 35 Mr. Chairman, I urge my colleagues money and sham issues. seconds. to vote for Shays-Meehan, but if we are This Bill makes four major changes to our Mr. MEEHAN. Mr. Chairman, oppo- to pass Shays-Meehan, we must also re- campaign financing system: (1) It completely nents of campaign finance reform have ject those amendments that will divide eliminates federal soft money, as well as state told us that we must protect free us, divide the consensus for this cam- soft money that influences a federal election speech. But when they say free speech, paign finance reform bill which re- and increases the aggregate hard dollar con- they mean big money, because the fact ceived just last year 252 votes in favor tribution limit form $25,000 to $30,000; (2) it is that the Shays-Meehan bill does not of it. Reject those substitutes, some on strengthens the definition of ``express advo- ban any type of communication. It merit, some because they are designed cacy'' to include radio and TV ads that refer to merely reins in those campaign adver- specifically to defeat Shays-Meehan a clearly identified federal candidate, run with- tisements that have been without giving the opportunity of the in 60 days of an election; (3) it requires FEC masquerading as so-called issue advo- 435 of us who were sent here by our reports to be filed electronically, and provides cacy. neighbors to vote on their behalf, to for Internet posts of this and other disclosure According to the United States Su- ensure that democracy is pursued in an data and (4) it establishes a Commission to preme Court, communications that ex- honest fashion in this, the last best study further reforms to our campaign sys- pressly advocate the election or defeat hope on the face of the Earth. I urge tems. of a clearly identified candidate can be my colleagues to vote for Shays-Mee- According to the Annenberg Public Policy subject to regulation. So the question han and against general amendments. Center at the University of Pennsylvania, be- is not whether the Government should Mr. THOMAS. Mr. Chairman, I yield tween $275 and 340 million was spent in regulate campaign advertisement; it myself the balance of my time. broadcast issue advocacy in 1997±1998, com- already does. The real question is We just heard a statement that pared to $135 to $150 million in 1995±1996. whether or not the current test ade- Shays-Meehan is not perfect. Obviously Mr. Chairman, this statistical information is evi- quately identifies campaign advertise- it is not, but we have a chance to per- dence that Campaign Finance Reform is ment; and for that, there is a simple fect it. needed. answer: no, it does not. Let us pass We heard during this debate that we Last year a growing number of Campaign Shays-Meehan. thought maybe it would be a good idea Finance Reformist Republicans exercised their The CHAIRMAN. The gentleman to raise hard money, given how long it better judgement and fought against the Re- from Connecticut (Mr. SHAYS) has 30 has not been affected, yet the gen- publican Leadership's attempt to thwart at- seconds remaining. tleman from Kentucky (Mr. tempts to eliminate soft money that influences Mr. SHAYS. Mr. Chairman, I yield WHITFIELD), who will have in front of federal elections. The role of soft money in myself the balance of the time to say us an amendment to raise hard money, elections is growing exponentially. So far this one of the difficult things in this de- has a letter saying ‘‘vote no on year, the parties have raised a record $55.1 bate has been that it is very personal Whitfield’’ signed by the gentleman million in soft moneyÐthat is 80 percent more to each and every one of us, but it gets from Connecticut (Mr. SHAYS) and the than the $30.6 million they raised during a frustrating when the facts are so clear gentleman from Massachusetts (Mr. comparable period in 1995. I urge my Repub- and someone just cannot see it. The MEEHAN). Are we to believe them on lican colleagues and others to come forth bottom line is it is illegal for corpora- paper or believe their words? again in support to strike a balance for real tions and unions to contribute to cam- They talked about making sure that Campaign Finance Reform. paigns, except through PACs. But there labor union money is not involved. The If Congress wants to be remembered for im- is a loophole, and it is soft money and gentleman from Pennsylvania (Mr. proving our nation's political system, enhanc- sham issue ads. We ban soft money and GOODLING) has an amendment. They ing our moral quality of life, and building a bet- we call the sham issue ads what they are opposed to his amendment. We ter America, then let's pass real campaign fi- are: campaign ads. As soon as they are heard the gentleman from Nebraska nance reform. Mr. Chairman, fellow col- campaign ads, out goes the corporate (Mr. BEREUTER) complain about the leagues, I urge that you vote No on all the poi- and union dues money and all of the fact that they did not keep in this bill son pill amendments and vote Yes on the big expenditures. something that passed the floor the Shays-Meehan bill. Mr. Chairman, we need a fair system. last time this was in front of us in Mr. LEACH. Mr. Chairman, I rise in support We do not limit freedom of speech. Ev- terms of foreign dollars, so now we of H.R. 417, the Shays/Meehan Bipartisan eryone has freedom of speech. We live have a chance to make it perfect, at Campaign Finance Reform Act of 1999. within the guidelines of the Supreme least better than it is. The bill has flaws, the biggest of which is Court ruling. We are going through the amendment that it does not go far enough. I would have The CHAIRMAN. The gentleman process. Let us approve the amend- preferred it impose spending limits and greater from Maryland (Mr. HOYER) has 13⁄4 ments they say they have no opposi- restraints on political action committeesÐthe minutes remaining. tion to, and vote ‘‘no’’ on Shays-Mee- so-called PACs. Mr. HOYER. Mr. Chairman, I yield han. Never-the-less, Shays/Meehan is a signifi- myself the balance of my time. Ms. JACKSON-LEE of Texas. Mr. Chair- cant and long overdue effort at addressing the Mr. Chairman, in November 1991, man, I rise to declare my strong support for most pressing ``democratic'' issue facing the with 259 Republicans and Democrats the Bipartisan ``Shays-Meehan'' Campaign Fi- nation. H8198 CONGRESSIONAL RECORD — HOUSE September 14, 1999 In a country where process is our most im- But this ``apples-to-oranges'' linkage of cam- paign finance system. Therefore, I urge my portant product, what is true for sports is dou- paign reform to protecting human life implies colleagues to oppose all amendments and bly so for politicsÐhow the game is played to our constituents that we are less than 100% substitutes to this legislation. matters. committed to the cause of protecting human Passage of this bill would represent major Lincoln's government of, by and for the peo- life when that is simply not the case. progress in halting the influence of wealthy ple cannot be one in which influence is dis- I want my colleagues and the American special interests in government. proportionately wrought by those with large people to know the plain truth: My record in Mr. FRELINGHUYSEN. Mr. Chairman, to campaign war chests. support of human life is clear. I am committed me, one of the privileges of being a Member A fitting corollary to Lord Acton's dictum that 100% to Life, no matter how the NRLC may of the House, is the ability to come here to ``power tends to corrupt and absolute power characterize my record after today's votes on Washington to do the people's work without corrupts absolutely'' is the precept that even campaign reform. losing that all-important connection with the more corrupting than aspiring to power is the Indeed, I am proud that my colleagues have people who sent us here. fear of losing it. This survivalist instinct, the recognized my commitment to Life my asking While we serve to make all of America a desire to hang on to power, is the principle me to serve as Democratic Whip of the Pro- better place, our constituencies are still small reason why meaningful campaign finance re- Life Caucus. enough that we can put our finger on the form has been so difficult to advance. Although the National Right to Life Com- pulse of the needs and desires of the people The current system is an incumbent-based mittee disagrees with Pro-Life members of back home. monopoly that rewards accommodation rather Congress who support Shays-Meehan, I hope But a lot of those people back home, unfor- than confrontation with special interests. Cam- we can have a productive relationship with tunately, don't feel as connected to us as they paign reform is about empowering citizens NRLC or anyone else who is willing to fight for really are, or should be. Like most Americans, rather than influence peddlers. It is the equiva- Life. our constituents believe that most Members of lent of applying the antitrust laws to the polit- We are all on the same team and we must Congress are bound to special interests be- ical parties. not let other issues distract us from our goal. cause of campaign contributions, large sums Without the sort of reforms Shays/Meehan But today, Mr. Chairman, we are talking of money generated by corporations, labor makes, Congress will increasingly become a about restoring public confidence in the Amer- unions and political action committees, and as legislative body where the small businessman, ican electoral process. an investigation of President Clinton's 1996 the farmer, the worker, and the ordinary cit- We need to pass Shays-Meehan. campaign fundraising has shown, even foreign izen are only secondarily represented. Mr. BENTSEN, Mr. Chairman, I rise today in nationals. The time is long passed to infuse more de- support of H.R. 417, the Meehan-Shays Bipar- For most of us, the belief of our constituents mocracy into our democratic system. tisan Campaign Finance Reform Act of 1999. may in reality only be a perception, but the Mr. SHOWS. Mr. Chairman, I rise today to Mr. Speaker, this body has once again been perception holds strong and affects all of us. express my strong support for the Shays-Mee- presented with the opportunity to implement It is high time we do something to erase this han Bill, H.R. 417. Mr. Speaker, I rise in sup- significant campaign finance reforms. The perception and implement the first campaign port of H.R. 417 and ask unanimous consent American people have grown weary and cyn- finance reforms America has seen since 1974. to revise and extend my remarks. ical of the constant money chase we must en- Americans need to be reassured that their Mr. Chairman, we cannot blame the Amer- gage in to run for office. Some try to equate elected leaders serve to represent their best ican people for believing that their elected offi- placing restrictions on soft money with placing interests, not the whims of some special inter- cials might be for sale. restrictions on free speech, as if money was ests. Our constituents must have absolute H.R. 417 would restrict the vast amounts of speech. Money talks, all right. But how can confidence in the fairness of our political proc- so-called ``soft money'' which allow special in- the quiet voices and concerns of the American ess and loopholes in the current rules must be terest groups to have unfair influence on our people compete with the megaphone of mil- closed for good. electoral process. lions in soft money that is funneled into cam- We can restore credibility and faith in the We also need to explore ways to make po- paigns? I would argue that wealthy individuals, political process by passing H.R. 417, the litical campaigns less costly, while still allowing large corporations and advocacy groups do Shays-Meehan Bipartisan Campaign Finance candidates to convey their message. not have a greater right to be heard than aver- Reform Act, of which I am proud to be an H.R. 417 would establish an Independent age citizens just because they can afford to original cosponsor. Commission on Campaign Finance Reform, buy chunks of TV advertising time slots. This H.R. 417 makes four major changes to our and I hope the commission can recommend soft money is unregulated, unlimited, and un- campaign financing system: ways to reduce the cost of campaigns. conscionable. We have to show the American H.R. 417 bans soft money: Shays-Meehan Mr. Chairman, we need to restore public people that public policy in not for sale. That's completely eliminates Federal soft money, as trust in their electoral process. H.R. 417 is the why I support the Meehan-Shays legislation. well as state soft money that influences a Fed- best way I know to accomplish this. This legislation will regulate the flow of soft eral election. Now I want to address remarks to my col- money to both parties and will close the legal H.R. 417 recognizes sham issue ads for leagues who are Pro-Life advocates and who, loopholes which allow very dubious issue ad- what they really are: campaign ads. Under like me, support Shays-Meehan. vocacy ads to permeate campaigns. Shays-Meehan, within 60 days of an election Much has been made about the strong posi- In addition, the bill provides for the estab- only legal, ``hard'' dollars could be used for tion taken by the National Right to Life Com- lishment of an Independent Commission on radio and TV ads that refer to a clearly identi- mittee against Shays-Meehan. Campaign Finance Reform and will protect the fied Federal candidate run; furthermore, any The NRLC, like some other issue advocacy continued use of voter guides as method to in- communication, run at any time, that contains groups, believes Shays-Meehan bill would un- form voters about their Representatives posi- unambiguous and unmistakable support for or fairly inhibit their ability to communicate their tion on important issues. The bill also raises opposition to a clearly identified Federal can- message. the individual campaign contribution level from didate must be paid for with ``hard'' dollars. Pro-Life Members of Congress who support $25,000 to $30,000 each year, and raises the H.R. 417 improves Federal Election Com- Shays-Meehan have an honest disagreement amount individuals may give to state political mission (FEC) disclosure and enforcement. with NRLC about this bill, but we share com- parties from $5,000 to $10,000 each year. Shays-Meehan requires FEC reports to be mon ground with NRLC about the sanctity of Labor unions will be required to give ``reason- filed electronically, and provides for Internet human life. able notice'' to dues-paying non-members of posting of this and other disclosure data. I do not quibble with the National Right to their right to disallow political use of their H.R. 417 establishes a Commission to study Life Committee's position on Shays-Meehan. dues. Electronic filing to the Federal Election further reforms to our campaign finance sys- However, the NRLC has chosen to ``score'' Committee (FEC) would be required, it is cur- tem. our votes on Shays-Meehan. rently optional. In addition, Shays-Meehan reforms also Simply put, Shays-Meehan is about spend- Unfortunately Mr. Chairman, the Majority clarifies that it is illegal to raise not only hard ing money on political campaigns. It is not has decided to ignore the will of the American moneyÐbut soft money as wellÐfrom foreign about protecting human life. people who want real campaign finance re- nationals or to raise money on government Defenders of the sanctity of life should be form and is attempting to kill this vital legisla- property; expands the ban on unsolicited able to have honest disagreements from time tion by amendment. The amendments and ``franked'' mass mailings from the current to time without losing focus on the goal that substitutes which we debate today, while well three months before a general election to six unites us. intentioned, will do nothing to reform our cam- months; bans coordinated party contributions September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8199 to candidates who spend more than $50,000 mentÐto study the problems of our current that's the way the system works. Equalizing in personal funds on their own campaigns; es- campaign financing system and make rec- competition and balancing power such as be- tablishes a clearinghouse of information within ommendations for reform within a very specific tween labor and business is a common prac- the FEC and strengthens FEC enforcement as timeline. These recommendations would then tice. As long as this system remains in place, well as the penalties for violating the foreign be submitted to Congress for a simple yes or the incentive to buy influence will continue. money ban. Shays-Meehan also clearly ex- no vote, similar to the way we handled the dif- Many reformers recognize this and either empts educational voter guides. ficult issue of base closures. like the system or believe that it's futile to Mr. Chairman, today both of our political I know commissions have a checkered his- bring about changes and argue that curtailing parties are guilty of working in a system that tory in Washington, but they can work if they influence is the only option left even if it in- is more ``loophole than law.'' are given the opportunity. I know from my own volves compromising the liberty of political In the words of my friend, the gentleman experience as co-chairman of the National speech through regulating political money. from Connecticut who continues to be the driv- Commission on Restructuring the IRS, which It's naive to believe stricter rules will make ing force behind the reform move in the recommended a successful package of IRS a difference. If enough honorable men and House, ``If we allow the status quo to continue, reforms that ultimately passed Congress and women served in Congress and resisted the and stand by as . . . interest groups are were signed into law. I would also add that, if temptation to be influenced by any special in- shaken down by the political parties, the cher- we had taken the step of establishing a non- terest group, of course this whole discussion ished ideals that bind our national identityÐ partisan campaign finance commission when would be unnecessary. Because Members do free elections; one person, one voteÐbecome we had the chance last year, we would be yield to the pressure, the reformers believe meaningless.'' considering a nonpartisan commission's report that more rules regulating political speech will Mr. Chairman, let us show all Americans today, instead of essentially the same Shays- solve the problem. that their one vote is not meaningless, and Meehan legislation that failed to pass the Sen- The reformers argue that it's only the fault that their active involvement in our political ate last year. of those trying to influence government and process is more valuable to us than any dollar If we're really serious about campaign fi- not the fault of the Members who yield to the amount could ever be. nance reform, I believe we have no choice but pressure or the system that generates the As the New York Times concluded in its edi- to take it out of the political process entirely. abuse. This allows Members of Congress to torial yesterday, today ``the House faces a test I hope, when we next consider campaign fi- avoid assuming responsibility for their own of its Members' sincerity and of whether it is nance reform, we will have the courage to acts and instead places the blame on those listening to the public instead of special inter- support real campaign finance reform that can who exert pressure on Congress through the est donors.'' be enacted into law. political process which is a basic right be- Who will we listen to, Mr. Chairman? To me, Mr. PAUL. Mr. Chairman, campaign finance stowed on all Americans. The reformer's argu- it's clear. I urge my colleagues to pass H.R. reform is once again being painted as the so- ment is ``stop us before we succumb to the 417. lution to political corruption in Washington. In- special interest groups.'' Mr. PORTMAN. Mr. Chairman, I rise in op- deed, political corruption is a problem, but to- Politicians unable to accept this responsi- position to the Shays-Meehan legislation. I day's reformers hardly offer a solution. The bility clamor for a system that diminishes the commend the sponsors for their efforts to real problem is that government has too much need for politicians to persuade individuals clean up our broken campaign finance system, influence over our economy and lives, creating and groups to donate money to their cam- paign. Instead of persuasion they endorse co- and I believe they are sincere in their efforts. a tremendous incentive to protect one's own ercing taxpayers to finance campaigns. However, while the Shays-Meehan bill interests by `investing' in politicians. The prob- This only changes the special interest makes some needed changes, it fails to go far lem is not a lack of federal laws, or rules regu- groups that control government policy. Instead enough in addressing what I believe are real lating campaign spending, therefore more laws of voluntary groups making their own deci- problems with our current campaign finance won't help. We hardly suffer from too much sions with their own money, politicians and bu- system. Shays-Meehan fails to address the freedom. Any effort to solve the campaign fi- reaucrats dictate how political campaigns will underlying problems of special interest influ- nance problem with more laws will only make be financed. Not only will politicians and bu- ence, foreign influence and built-in incumbent things worse by further undermining the prin- reaucrats gain influence over elections, other advantages that plague our current system. ciples of liberty and private property owner- nondeservers will benefit. Clearly, incumbents Moreover, soft money provision, while well-in- ship. will greatly benefit by more controls over cam- tentioned, raise serious Constitutional con- The reformers are sincere in their effort to paign spendingÐa benefit to which the re- cerns. Most seriously, the bill does nothing to curtail special interest influence on govern- formers will never admit. address the problem posed by special interest ment, but this cannot be done while ignoring The media becomes a big winner. Their in- PACs, which contribute overwhelmingly to in- the control government has assumed over our fluence grows as private money is regulated. cumbents and discourage individuals from get- lives and economy. Current reforms address It becomes more difficult to refute media prop- ting involved in the political process. only the symptoms while the root cause of the aganda,both print and electronic, when di- During the last Congress, I introduced cam- problem is ignored. Since reform efforts in- rected against a candidate if funds are limited. paign finance legislation containing limitations volve regulating political speech through con- Campaigns are more likely to reflect the con- and increased disclosure for soft money, and trol of political money, personal liberty is com- ventional wisdom and candidates will strive to other key provisions that go further than the promised. Tough enforcement of spending avoid media attacks by accommodating their Shays-Meehan bill. Among other features, the rules will merely drive the influence under- views. Restoring Trust in Government Act would ground since the stakes are too high and The wealthy gain a significant edge since have: banned the activities of special interest much is to be gained by exerting influence it's clear candidates can spend unlimited per- Political Action Committees (PACs); required over governmentÐlegal or not. The more sonal funds in elections. This is a big boost for 60% of campaign funds to be raided within a open and legal campaign expenditures are, the independently wealthy candidates over the House candidate's district or a Senate can- with disclosure, the easier it is for voters to average challenger who needs to raise and didate's state; clearly prohibited contributions know who's buying influence from whom. spend large funds to compete. by non-citizens; limited the ``bundling'' of cam- There's tremendous incentive for every spe- Celebrities will gain even a greater benefit paign contributions; and completely banned cial interest group to influence government. than they already enjoy. Celebrity status is taxpayer-financed unsolicited mass mailings Every individual, bank or corporation that does money in the bank and by limiting the re- by Members of Congress. business with government invests plenty in in- sources to counter-balance this advantage, I believe these are all common sense fluencing government. Lobbyists spend over a works against the non-celebrity who might be changes that deserve consideration in the hundred million dollars per month trying to in- an issue-oriented challenger. context of campaign finance reform. fluence Congress. Taxpayers dollars are end- This current reform effort ignores the legiti- Mr. Chairman, ultimately, I believe is vir- lessly spent by bureaucrats in their effort to mate and moral ``political action committees'' tually impossible for even the best intentioned convince Congress to protect their own em- that exist only for good reasons and do not incumbent Members of Congress to make pires. Government has tremendous influence ask for any special benefit from government. truly sensible changes to the campaign fi- over the economy, and financial markets The immoral ``political action committees'' that nance system that helped them to get elected. through interest rate controls, contracts, regu- work only to rip-off the taxpayers by getting That's why I would support the establishment lations, loans, and grants. Corporations and benefits from government may deserve our of an independent commissionÐwith a major- others are `forced' to participate in the process condemnation but not the heavy hand of gov- ity of members coming from outside of govern- out of greed as well as self-defenseÐsince ernment anxious to control this group along H8200 CONGRESSIONAL RECORD — HOUSE September 14, 1999 with all the others. The reformers see no dif- ``issue ads'' is a gaping hole in our election pocrisy to flower. The president, whose fla- ference between the two and are willing to vio- laws. This law would improve the disclosure grant circumvention of the law in 1996 helped late all personal liberty. Since more regulating and enforcement capabilities of the Federal prompt the legislation, now takes the lead in supporting it. The Republicans, meanwhile, doesn't address the basic problem of influen- Election Commission, and it would establish having spent the better part of the last Con- tial government, now out of control, neither an independent commission to study further gress rightly denouncing his behavior, now groups deserves more coercive government reforms that may be needed in order to help block the bill that would outlaw it; they, it rules. All the rules in the world can't prevent us make future necessary changes in our turns out, are the ones who profit most from members from yielding to political pressure of campaign finance system. the system they deplore. The parties are the groups that donate to their campaigns. Mr. Chairman, this same legislation was raising far more soft money in this cycle Regulation cannot instill character. adopted by the House of Representatives dur- than they did in the last. The campaign fi- Additionally, the legislative debate over ing the 105th Congress with the overwhelming nance law has pretty well ceased to exist, ex- campaign finance reform has seemingly fo- support of the American people. Despite the cept on paper. Shays-Meehan would begin to restore it. That’s what this vote is about. cused upon the First Amendment guarantee of popular demand for reform, those members freedom of speech, as interpreted and applied who are defending our hopelessly flawed cam- Mr. LARSON. Mr. Chairman, I rise today in by the courts. The constitutional issues, how- paign finance system continue to use ``Delay'' strong support of the Bipartisan Campaign Re- ever, are not limited to the First Amendment. and obstruction tactics to undermine the pros- form Act (H.R. 417). First, I would like to com- To the contrary, pursuant to their oaths of of- pects for the passage of H.R. 417. These op- mend my colleagues, Representatives CHRIS- fice, members of Congress have an inde- ponents of comprehensive reformÐunfortu- TOPHER SHAYS and MARTIN T. MEEHAN, for the pendent duty to determine the constitutionality nately with the backing of the Republican extraordinary amount of hard work they put of legislation before it and to decide, before leadershipÐare sponsoring seven ``poison pill'' forth to bring this bill before us today. It is a ever reaching the First Amendment, whether amendments to divide the coalition supporting testament to their diligence and tenacity that they have been vested by the Constitution the Bipartisan Campaign Finance Reform Act. they have successfully defeated the obstacles with any authority, at all, to regulate federal I urge my colleagues to reject these trans- that have been placed in the way of this im- election campaigns. Congress has no author- parent gimmicks and to vote to restore Amer- portant legislation. ity except that which is ``granted'' in the Con- ican citizens' trust in the ``People's House.'' I believe that it is time to change the nature stitution. Thus, the threshold question con- Our constituents deserve as much. of today's political campaigns. Working people cerning H.R. 417 is whether the Constitution Mr. Chairman, I submit an editorial from this are losing their voice in the political process, has conferred upon Congress any authority to morning's Washington Post which, I believe, and losing faith in their officials because their regular federal election campaigns. The au- effectively sets forth the strong case for the vote is being drowned in a sea of negative at- thority to regulate such campaigns is not passage of H.R. 417. I urge all of my col- tack ads. These reforms would tighten the found among any enumerated power con- leagues to give attention to this very thoughtful campaign finance laws to keep outside groups ferred upon Congress. opinion. from running sham ads, and reduce the im- More regulation of political speech through [From the Washington Post, Sept. 14, 1999] pact of obscure, faceless groups and their control of private money, without addressing YES TO CAMPAIGN FINANCE REFORM money on our elections. I believe that this bill the subject of influential government only The House has what ought to be an easy is a bipartisan effort to restore faith in our drives the money underground, further giving vote today—‘‘yes’’ on campaign finance re- Government, which is why it is one of the first a select group an advantage over the honest form. The bill the reluctant Republican lead- bills I co-sponsored. candidate who only wants smaller govern- ership has finally brought to the floor passed I have been in politics for many years and ment. by a vote of 252 to 179 in the last Congress. I know that too much money is spent in polit- True reform is not possible without changing Most of the same members are back. The ical campaigns, and real people are losing the role of government, which now exists to need is, if anything, greater; they have no their voice in elections. We need to bring cam- reason to renege. paigns back to the basics so that big money regulate, tax, subsidize, and show preferential The modest measure, by Reps. Christopher treatment. Only changing the nature of gov- Shays and Martin Meehan, seeks to halt only influences are put in check, and unregulated ernment will eliminate the motive for so many the most egregious of the fund-raising abuses ``soft'' money is taken out of politics. to invest so much in the political process. But that flourished in the last campaign. It Many people are distrustful of the political we should not make a bad situation worse by would bar the use of the national party orga- process, and rightfully so. They don't vote in passing more bad laws. nizations to raise and spend, on behalf of elections because major outside groups and Mr. LANTOS. Mr. Chairman, I urge my col- their candidates, ‘‘soft that the candidates parties have too much leverage. This reform leagues to join me in supporting H.R. 417, the are forbidden by law to raise and spend bill is a bipartisan effort to restore faith in our themselves.’’ It seeks to limit the use of Government and open up the political system. Bipartisan Campaign Finance Reform Act of other, nominally independent organizations 1999, and to oppose all of the cynical ``poison to raise and spend such money in the form of This measure aggressively targets the big pill'' amendments that have been introduced to ‘‘issue ads’’ as well. money in politics and brings campaigns back undermine support for this important legisla- The leadership, having been forced by to the people. These reforms are responsible, tion. H.R. 417 contains a number of essential threat of a discharge petition to let the bill logical, and best of all, workable within our reforms to our federal system of financial elec- on the floor, has sprinkled obstacles in its current system. Therefore, Mr. Chairman, I tions in our political system. path. Ten amendments will be in order. They urge my colleagues to support the Shays- Mr. Chairman, I commend our distinguished were carefully written to sound innocuous Meehan bill and vote against the many ``poi- while either weakening the bill or poisoning son-pill'' amendments that have been allowed colleagues, my friend Mr. CHRISTOPHER SHAYS it for Democrats who might then relieve the of Connecticut and Mr. MARTIN MEEHAN of Republicans of responsibility by taking the to be offered today. Massachusetts, for introducing this extremely lead in voting no. One purports to defend Mr. KUCINICH. Mr. Chairman, today, the important bill. voter guides but, as written, would likely House of Representatives decides whether The most significant provision of the Cam- make all issue ads unassailable. One, of dubi- elections will continue to be controlled by a paign Finance Reform Act would effectively ous constitutionality, would require can- wealthy and powerful elite, or whether a sig- ban unregulated ``soft money'' from our polit- didates to raise half their contributions in nificant curb on their hold over the American ical process, abolishing once and for all this their home states; its adoption would likely political process will be put in place. drive Democrats from low-income districts H.R. 417, the Shays-Meehan Campaign Fi- legal loophole through which hundreds of mil- to reject the entire bill. Everyone under- lions of dollars are poured into our national stands this. The amendments should be nance reform bill will help to give elections electoral process every election cycle. Soft voted down, as should the three substitutes back to the people by curbing the influence of money has made a mockery of our existing that will then also be in order. They too are the moneyed interests. campaign finance laws, which are permitting weaker than the bill. One, by Rep. Bill Do not be fooled by the amendments of- big money interests to exert a massively dis- Thomas, is a deliberate nullity, the theory fered today. They are intended to gut the proportionate influence upon the selection of being that no one will bother to vote Shays-Meehan Campaign Finance Reform bill. our nation's president, as well as congress- against. But if any of these passes, the un- The rules of today's debate were designed to derlying bill is dead. That too is well under- undermine real campaign finance reform with man and senators. This is wrong and it must stood. be stopped. The bill that passed last year was deflected a series of poor substitutes. The Campaign Finance Reform Act would by the Republican leadership in the Senate. The real test of whether this House supports also regulate sham issue ads, which are truly This one faces similar resistance. It is a sub- campaign finance reform or thwarts it is this: campaign expenditures. The use of such ject that, more than any other, causes hy- we must defeat all substitute amendments and September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8201 poison pill amendments, and then we must raise objections to individual provisions wholly The CHAIRMAN. Is there objection pass Shays-Meehan. because they believe parts of H.R. 417 would to the request of the gentleman from Mr. SMITH of Michigan. Mr. Chairman, let's jeopardize their own individual election or California? concentrate on constituent interests, not spe- weaken their party. I believe that the time has Mr. MEEHAN. Reserving the right to cial interests. come to serve the interests of the Americans object, Mr. Chairman, I would ask the As the great political reporter Theodore people, focus on reducing the influence of gentleman what this is going to be. White wrote, ``the flood of money that gushes special interests in our political system, and Mr. THOMAS. Mr. Chairman, will the into politics today is a pollution of democracy.'' improve the campaign finance system in our gentleman yield? I haven't accepted PAC contributions since I country. Congress belongs to the people. Mr. MEEHAN. I yield to the gen- first ran for the Michigan state senate in 1982. Unfortunately, in a recent poll, over half of tleman from Massachusetts. Although I knew I would always vote the way all Americans did not believe Abraham Lin- Mr. THOMAS. Mr. Chairman, what I I felt was right regardless of who donated to coln's statement that America is a government was going to do is inform the House my campaign, I also knew that it was equally ``of, by, and for the people.'' Every member of and Members the procedure we are important that my constituents had no doubts this body should be humbled by this finding, going to be following through the about how much PAC lobbyists might be influ- and every member of this body should vote for amending process and the substitution encing my decisions. Shays-Meehan. I urge all my colleagues to process so Members can plan for the I have reintroduced my bill from the 105th vote for the Bipartisan Campaign Finance Re- rest of the evening. Congress, the PAC Limitation Act, which form Act and restore the public trust. Mr. MEEHAN. Mr. Chairman, I with- would do the following: Mr. HORN. Mr. Chairman, in the 1996 presi- draw my reservation of objection. The CHAIRMAN. Is there objection Ban PACs from donating to individual Con- dential campaign, our nation witnessed the to the request of the gentleman from gressional campaigns. most scandalous money chase since the glory Require that Congressional candidates raise days of the big-city bosses and the robber California? barons. The question we now face is whether There was no objection. 50% or more of their contributions from indi- The CHAIRMAN. The gentleman vidual donors who reside within their district. we have the will to clean up and toughen our from California (Mr. THOMAS) is recog- Limit how much and how often individuals laws or whether we will just accept practices like auctioning off the Lincoln bedroom or al- nized for 1 minute. can make soft money contributions to political Mr. THOMAS. Mr. Chairman, there party organizations. lowing foreign governments and corporations to pump money into our political campaigns. has been an agreement among us that Require that TV, radio and cable stations re- we are now going into the amendment port the placement of issue ads so that there The time for campaign reform is now. I sup- port H.R. 417, the Shays-Meehan legislation process to H.R. 417, following general will be full disclosure. debate. There are 10 amendments. Each Require labor organizations to obtain the for comprehensive reform of our campaign fi- nance laws. is to be considered for 10 minutes. written permission of members before using We have agreed that we will deal any dues or fees for political purposes. The Shays-Meehan bill bans political parties and Federal officials from raising or spending with five at a time and then ask for a Special interests with their organized lob- vote. That would be a 15-minute vote bying and their millions of dollars of PAC any so-called ``soft'' money. Congress thought it had banned ``soft money'' decades ago. In followed by four five-minute votes. persusion money have gained undue influence Then we would take the second block in Congress. It is time to start dismantling that our democracy, we must not permit unlimited, unregulated contributions directly from cor- of five amendments, and then have a influence. vote of 15 and then four 5s. Then we This legislation moves the process ahead. porations, unions or wealthy individuals. If a candidate took soft money today, that can- would move through the substitutes. Mr. WU. Mr. Chairman, I rise today to help Each of those have 40 minutes, with a restore the trust of the American people. I am didate would be indicted. But the loophole is that party committees have become giant vote following each substitute, which a cosponsor of H.R. 417, the Bipartisan Cam- would, of course, then require a 15- paign Finance Reform Act, and urge my col- money laundromats that collect and cleanse this otherwise-illegal money. Our legislation minute vote for those. leagues to pass this legislation today. I also So after five amendments there will urge my colleagues to reject any and all poi- stops this game. The bill also ends sham issue-ads. These be a block of voting, and then at the son pill amendments intended to destroy the end of the next five amendments there underlying bill. TV ads rip a candidate to shreds and then ask: ``Let him know what you think.'' Since the would be a block of voting. As a first-time candidate for public office, I Mr. Chairman, I move that the Com- saw from a private citizen's perspective the ad never explicitly says ``vote against so-and- so'' the current law says these are ``edu- mittee do now rise. need to reform our country's campaign finance The motion was agreed to. system. I believe very strongly in this issueÐ cational issue ads'' and not campaign ads. Accordingly, the Committee rose; we need to overhaul the way that campaigns That is baloney. These ads are purely political and the Speaker pro tempore (Mr. and often the most vicious. They should be are financed in America. Shortly after coming LAHOOD) having assumed the chair, Mr. forced to abide by the same rules that bind to Congress, I signed a letter with many of my HOBSON, Chairman of the Committee of freshman colleagues urging swift consideration every candidateÐfull disclosure of all contribu- the Whole House on the State of the and passage of the Shays-Meehan legislation. tions. That is what our bill requires. Union, reported that that Committee, This is sound and sensible legislation. Let's There are numerous cracks in our current having had under consideration the bill pass it. Let's send it to the Senate, which campaign finance system, many of which cre- (H.R. 417) to amend the Federal Elec- must give it the time and attention it deserves ate a complex web that ultimately discourage tion Campaign Act of 1971 to reform this year. Honest campaigns and elections are public participation. I believe that Shays-Mee- the financing of campaigns for elec- the most basic safeguard of a democracy. han will help empower the American people tions for Federal office, and for other Every right that we have flows from the right and rebuild some of the trust that has been purposes, had come to no resolution to decide who will govern us. We need to de- eroded by our campaign finance process. thereon. cide now whether our elections will be gov- While it is not perfect, Shays-Meehan takes f important steps toward restoring the public's erned by law or manipulated by loophole. faith in government. It makes a number of se- b 1545 CONFERENCE REPORT ON H.R. 2490, TREASURY AND GENERAL GOV- rious reforms to bring more sunshine into the The CHAIRMAN. All time has ex- ERNMENT APPROPRIATIONS ACT, process, including banning soft money con- pired. tributions and imposing restrictions on so- Mr. THOMAS. Mr. Chairman, I ask 2000 called ``issue ads.'' Moreover, the Shays-Mee- unanimous consent to review an agree- Mr. KOLBE submitted the following han bill will encourage other important and ment that we have made about the way conference report and statement on the sensible reforms, such as requiring electronic we proceed with the amendment in the bill (H.R. 2490) making appropriations filing of FEC reports and the disclosure of can- voting. for the Treasury Department, the didate information in campaign advertise- The CHAIRMAN. The Chair does not United States Postal Service, the Exec- ments. understand the gentleman’s statement. utive Office of the President, and cer- Opponents of the Shays-Meehan legislation Mr. THOMAS. Mr. Chairman, I ask tain Independent Agencies, for the fis- believe there should be more special interest unanimous consent to speak out of cal year ending September 30, 2000, and money in politics, not less. Opponents also order for 1 minute. for other purposes: H8202 CONGRESSIONAL RECORD — HOUSE September 14, 1999

CONFERENCE REPORT (H. REPT. 106–319) not to exceed $500,000 for unforeseen emer- and personal, and to accept services, for author- The committee of conference on the dis- gencies of a confidential nature, to be allocated ized purposes, including funding of a gift of in- agreeing votes of the two Houses on the and expended under the direction of the Inspec- trinsic value which shall be awarded annually amendment of the Senate to the bill (H.R. tor General for Tax Administration, $112,207,000. by the Director of the Center to the outstanding 2490) ‘‘making appropriations for the Treas- TREASURY BUILDING AND ANNEX REPAIR AND student who graduated from a basic training ury Department, the United States Postal RESTORATION program at the Center during the previous fiscal year, which shall be funded only by gifts re- Service, the Executive Office of the Presi- For the repair, alteration, and improvement of ceived through the Center’s gift authority: Pro- dent, and certain Independent Agencies, for the Treasury Building and Annex, $23,000,000, vided further, That notwithstanding any other the fiscal year ending September 30, 2000, and to remain available until expended. for other purposes’’, having met, after full provision of law, students attending training at FINANCIAL CRIMES ENFORCEMENT NETWORK and free conference, have agreed to rec- any Federal Law Enforcement Training Center ommend and do recommend to their respec- SALARIES AND EXPENSES site shall reside in on-Center or Center-provided tive Houses as follows: For necessary expenses of the Financial housing, insofar as available and in accordance That the House recede from its disagree- Crimes Enforcement Network, including hire of with Center policy: Provided further, That ment to the amendment of the Senate, and passenger motor vehicles; travel expenses of funds appropriated in this account shall be agree to the same with an amendment, as non-Federal law enforcement personnel to at- available, at the discretion of the Director, for follows: tend meetings concerned with financial intel- the following: training United States Postal In lieu of the matter stricken and inserted ligence activities, law enforcement, and finan- Service law enforcement personnel and Postal by said amendment, insert: cial regulation; not to exceed $14,000 for official police officers; State and local government law reception and representation expenses; and for enforcement training on a space-available basis; That the following sums are appropriated, out assistance to Federal law enforcement agencies, training of foreign law enforcement officials on of any money in the Treasury not otherwise ap- with or without reimbursement, $27,818,000, of a space-available basis with reimbursement of propriated, for the Treasury Department, the which not to exceed $1,000,000 shall remain actual costs to this appropriation, except that United States Postal Service, the Executive Of- available until September 30, 2002: Provided, reimbursement may be waived by the Secretary fice of the President, and certain Independent That funds appropriated in this account may be for law enforcement training activities in for- Agencies, for the fiscal year ending September used to procure personal services contracts. eign countries undertaken pursuant to section 30, 2000, and for other purposes, namely: VIOLENT CRIME REDUCTION PROGRAMS 801 of the Antiterrorism and Effective Death TITLE I—DEPARTMENT OF THE TREASURY Penalty Act of 1996, Public Law 104–32; training (INCLUDING TRANSFER OF FUNDS) DEPARTMENTAL OFFICES of private sector security officials on a space- For activities authorized by Public Law 103– available basis with reimbursement of actual SALARIES AND EXPENSES 322, to remain available until expended, which For necessary expenses of the Departmental costs to this appropriation; and travel expenses shall be derived from the Violent Crime Reduc- of non-Federal personnel to attend course devel- Offices including operation and maintenance of tion Trust Fund, as follows: the Treasury Building and Annex; hire of pas- opment meetings and training sponsored by the (1) As authorized by section 190001(e), Center: Provided further, That the Center is au- senger motor vehicles; maintenance, repairs, $119,000,000; of which $27,920,000 shall be avail- and improvements of, and purchase of commer- thorized to obligate funds in anticipation of re- able to the Bureau of Alcohol, Tobacco and imbursements from agencies receiving training cial insurance policies for, real properties leased Firearms, including $3,000,000 for administering or owned overseas, when necessary for the per- sponsored by the Federal Law Enforcement the Gang Resistance Education and Training Training Center, except that total obligations at formance of official business; not to exceed program; of which $4,200,000 shall be available $2,900,000 for official travel expenses; not to ex- the end of the fiscal year shall not exceed total to the United States Secret Service for forensic budgetary resources available at the end of the ceed $150,000 for official reception and represen- and related support of investigations of missing tation expenses; not to exceed $258,000 for un- fiscal year: Provided further, That the Federal and exploited children, of which $2,200,000 shall Law Enforcement Training Center is authorized foreseen emergencies of a confidential nature, to be available as a grant for activities related to be allocated and expended under the direction to provide training for the Gang Resistance the investigations of exploited children and Education and Training program to Federal and of the Secretary of the Treasury and to be ac- shall remain available until expended; of which counted for solely on his certificate, $134,034,000. non-Federal personnel at any facility in part- $61,000,000 shall be available for the United nership with the Bureau of Alcohol, Tobacco DEPARTMENT-WIDE SYSTEMS AND CAPITAL States Customs Service; of which $1,863,000 shall and Firearms: Provided further, That the Fed- INVESTMENTS PROGRAMS be available for the Financial Crimes Enforce- eral Law Enforcement Training Center is au- (INCLUDING TRANSFER OF FUNDS) ment Network; of which $9,200,000 shall be thorized to provide short-term medical services For development and acquisition of automatic available to the Federal Law Enforcement for students undergoing training at the Center. Training Center; and of which $14,817,000 shall data processing equipment, software, and serv- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, be available for Interagency Crime and Drug ices for the Department of the Treasury, AND RELATED EXPENSES $43,961,000, to remain available until expended: Enforcement. For expansion of the Federal Law Enforce- (2) As authorized by section 32401, $13,000,000 Provided, That these funds shall be transferred ment Training Center, for acquisition of nec- to the Bureau of Alcohol, Tobacco and Firearms to accounts and in amounts as necessary to sat- essary additional real property and facilities, for disbursement through grants, cooperative isfy the requirements of the Department’s of- and for ongoing maintenance, facility improve- agreements, or contracts to local governments fices, bureaus, and other organizations: Pro- ments, and related expenses, $21,611,000, to re- for Gang Resistance Education and Training: vided further, That this transfer authority shall main available until expended. Provided, That notwithstanding sections 32401 be in addition to any other transfer authority INTERAGENCY LAW ENFORCEMENT provided in this Act: Provided further, That and 310001, such funds shall be allocated to INTERAGENCY CRIME AND DRUG ENFORCEMENT none of the funds appropriated shall be used to State and local law enforcement and prevention For expenses necessary for the detection and support or supplement the Internal Revenue organizations. investigation of individuals involved in orga- Service appropriations for Information Systems. FEDERAL LAW ENFORCEMENT TRAINING CENTER nized crime drug trafficking, including coopera- OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES tive efforts with State and local law enforce- SALARIES AND EXPENSES For necessary expenses of the Federal Law ment, $61,083,000, of which $7,827,000 shall re- For necessary expenses of the Office of In- Enforcement Training Center, as a bureau of main available until expended. the Department of the Treasury, including ma- spector General in carrying out the provisions of FINANCIAL MANAGEMENT SERVICE the Inspector General Act of 1978, as amended, terials and support costs of Federal law enforce- ment basic training; purchase (not to exceed 52 SALARIES AND EXPENSES not to exceed $2,000,000 for official travel ex- For necessary expenses of the Financial Man- penses, including hire of passenger motor vehi- for police-type use, without regard to the gen- eral purchase price limitation) and hire of pas- agement Service, $201,320,000, of which not to cles; and not to exceed $100,000 for unforeseen exceed $10,635,000 shall remain available until emergencies of a confidential nature, to be allo- senger motor vehicles; for expenses for student athletic and related activities; uniforms without September 30, 2002, for information systems mod- cated and expended under the direction of the ernization initiatives; and of which not to ex- Inspector General of the Treasury, $30,716,000. regard to the general purchase price limitation for the current fiscal year; the conducting of ceed $2,500 shall be available for official recep- INSPECTOR GENERAL FOR TAX ADMINISTRATION and participating in firearms matches and pres- tion and representation expenses. SALARIES AND EXPENSES entation of awards; for public awareness and BUREAU OF ALCOHOL, TOBACCO AND FIREARMS For necessary expenses of the Treasury In- enhancing community support of law enforce- SALARIES AND EXPENSES spector General for Tax Administration in car- ment training; not to exceed $9,500 for official For necessary expenses of the Bureau of Alco- rying out the Inspector General Act of 1978, as reception and representation expenses; room hol, Tobacco and Firearms, including purchase amended, including purchase (not to exceed 150 and board for student interns; and services as of not to exceed 812 vehicles for police-type use, for replacement only for police-type use) and authorized by 5 U.S.C. 3109, $84,027,000, of of which 650 shall be for replacement only, and hire of passenger motor vehicles (31 U.S.C. which up to $16,511,000 for materials and sup- hire of passenger motor vehicles; hire of aircraft; 1343(b)); services authorized by 5 U.S.C. 3109, at port costs of Federal law enforcement basic services of expert witnesses at such rates as may such rates as may be determined by the Inspec- training shall remain available until September be determined by the Director; for payment of tor General for Tax Administration; not to ex- 30, 2002: Provided, That the Center is authorized per diem and/or subsistence allowances to em- ceed $6,000,000 for official travel expenses; and to accept and use gifts of property, both real ployees where an assignment to the National September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8203 Response Team during the investigation of a amended (19 U.S.C. 58c(f)(3)), shall be derived Trust Fund to reimburse the Bureau for admin- bombing or arson incident requires an employee from that Account; of the total, not to exceed istrative and personnel expenses for financial to work 16 hours or more per day or to remain $150,000 shall be available for payment for rent- management of the Fund, as authorized by sec- overnight at his or her post of duty; not to ex- al space in connection with preclearance oper- tion 1012 of Public Law 101–380. ceed $15,000 for official reception and represen- ations; not to exceed $4,000,000 shall be avail- INTERNAL REVENUE SERVICE tation expenses; for training of State and local able until expended for research, of which PROCESSING, ASSISTANCE, AND MANAGEMENT law enforcement agencies with or without reim- $725,000 shall be provided to a northern plains For necessary expenses of the Internal Rev- bursement, including training in connection agricultural economics program in North and/or enue Service for tax returns processing; revenue with the training and acquisition of canines for South Dakota to conduct a research program on accounting; tax law and account assistance to explosives and fire accelerants detection; and the bilateral United States/Canadian bilateral taxpayers by telephone and correspondence; provision of laboratory assistance to State and trade of agricultural commodities and products; programs to match information returns and tax local agencies, with or without reimbursement, of which not less than $100,000 shall be avail- returns; management services; rent and utilities; $565,959,000, of which $39,000,000 may be used able to promote public awareness of the child and services as authorized by 5 U.S.C. 3109, at for the Youth Crime Gun Interdiction Initiative; pornography tipline; of which not less than such rates as may be determined by the Commis- of which not to exceed $1,000,000 shall be avail- $200,000 shall be available for Project Alert; not sioner, $3,312,535,000, of which up to $3,950,000 able for the payment of attorneys’ fees as pro- to exceed $5,000,000 shall be available until ex- shall be for the Tax Counseling for the Elderly vided by 18 U.S.C. 924(d)(2); and of which pended for conducting special operations pursu- Program, and of which not to exceed $25,000 $1,000,000 shall be available for the equipping of ant to 19 U.S.C. 2081; not to exceed $8,000,000 shall be for official reception and representation any vessel, vehicle, equipment, or aircraft avail- shall be available until expended for the pro- expenses. able for official use by a State or local law en- curement of automation infrastructure items, in- TAX LAW ENFORCEMENT forcement agency if the conveyance will be used cluding hardware, software, and installation; For necessary expenses of the Internal Rev- in joint law enforcement operations with the and not to exceed $5,000,000 shall be available enue Service for determining and establishing Bureau of Alcohol, Tobacco and Firearms and until expended for repairs to Customs facilities: tax liabilities; providing litigation support; for the payment of overtime salaries, travel, Provided, That uniforms may be purchased issuing technical rulings; examining employee fuel, training, equipment, supplies, and other without regard to the general purchase price plans and exempt organizations; conducting similar costs of State and local law enforcement limitation for the current fiscal year: Provided criminal investigation and enforcement activi- personnel, including sworn officers and support further, That notwithstanding any other provi- ties; securing unfiled tax returns; collecting un- personnel, that are incurred in joint operations sion of law, the fiscal year aggregate overtime paid accounts; compiling statistics of income with the Bureau of Alcohol, Tobacco and Fire- limitation prescribed in subsection 5(c)(1) of the and conducting compliance research; purchase arms: Provided, That no funds made available Act of February 13, 1911 (19 U.S.C. 261 and 267) (for police-type use, not to exceed 850) and hire by this or any other Act may be used to transfer shall be $30,000. of passenger motor vehicles (31 U.S.C. 1343(b)); the functions, missions, or activities of the Bu- HARBOR MAINTENANCE FEE COLLECTION and services as authorized by 5 U.S.C. 3109, at reau of Alcohol, Tobacco and Firearms to other (INCLUDING TRANSFER OF FUNDS) such rates as may be determined by the Commis- agencies or Departments in fiscal year 2000: Pro- For administrative expenses related to the col- sioner, $3,336,838,000, of which not to exceed vided further, That no funds appropriated here- lection of the Harbor Maintenance Fee, pursu- $1,000,000 shall remain available until September in shall be available for salaries or administra- ant to Public Law 103–182, $3,000,000, to be de- 30, 2002, for research, and of which not to ex- tive expenses in connection with consolidating rived from the Harbor Maintenance Trust Fund ceed $150,000 shall be for official reception and or centralizing, within the Department of the and to be transferred to and merged with the representation expenses associated with hosting Treasury, the records, or any portion thereof, of Customs ‘‘Salaries and Expenses’’ account for the Inter-American Center of Tax Administra- acquisition and disposition of firearms main- such purposes. tion (CIAT) 2000 Conference. tained by Federal firearms licensees: Provided EARNED INCOME TAX CREDIT COMPLIANCE further, That no funds appropriated herein OPERATION, MAINTENANCE AND PROCUREMENT, INITIATIVE shall be used to pay administrative expenses or AIR AND MARINE INTERDICTION PROGRAMS For funding essential earned income tax credit the compensation of any officer or employee of For expenses, not otherwise provided for, nec- compliance and error reduction initiatives pur- the United States to implement an amendment essary for the operation and maintenance of suant to section 5702 of the Balanced Budget or amendments to 27 CFR 178.118 or to change marine vessels, aircraft, and other related equip- Act of 1997 (Public Law 105–33), $144,000,000, of the definition of ‘‘Curios or relics’’ in 27 CFR ment of the Air and Marine Programs, including which not to exceed $10,000,000 may be used to 178.11 or remove any item from ATF Publication operational training and mission-related travel, reimburse the Social Security Administration for 5300.11 as it existed on January 1, 1994: Provided and rental payments for facilities occupied by the costs of implementing section 1090 of the further, That none of the funds appropriated the air or marine interdiction and demand re- Taxpayer Relief Act of 1997. herein shall be available to investigate or act duction programs, the operations of which in- upon applications for relief from Federal fire- clude the following: the interdiction of narcotics INFORMATION SYSTEMS For necessary expenses of the Internal Rev- arms disabilities under 18 U.S.C. 925(c): Pro- and other goods; the provision of support to enue Service for information systems and tele- vided further, That such funds shall be avail- Customs and other Federal, State, and local communications support, including develop- able to investigate and act upon applications agencies in the enforcement or administration of mental information systems and operational in- filed by corporations for relief from Federal fire- laws enforced by the Customs Service; and, at formation systems; the hire of passenger motor arms disabilities under 18 U.S.C. 925(c): Pro- the discretion of the Commissioner of Customs, vehicles (31 U.S.C. 1343(b)); and services as au- vided further, That no funds in this Act may be the provision of assistance to Federal, State, thorized by 5 U.S.C. 3109, at such rates as may used to provide ballistics imaging equipment to and local agencies in other law enforcement and be determined by the Commissioner, any one installation or site of a State or local emergency humanitarian efforts, $108,688,000, $1,455,401,000 which shall remain available until authority who has obtained similar equipment which shall remain available until expended: September 30, 2001. through a Federal grant or subsidy unless the Provided, That no aircraft or other related State or local authority agrees in writing to the equipment, with the exception of aircraft which ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE original grantor to return that equipment or to is one of a kind and has been identified as ex- SERVICE repay that grant or subsidy to the Federal Gov- cess to Customs requirements and aircraft which SEC. 101. Not to exceed 5 percent of any ap- ernment: Provided further, That no funds under has been damaged beyond repair, shall be trans- propriation made available in this Act to the In- this Act may be used to electronically retrieve ferred to any other Federal agency, department, ternal Revenue Service may be transferred to information gathered pursuant to 18 U.S.C. or office outside of the Department of the Treas- any other Internal Revenue Service appropria- 923(g)(4) by name or any personal identification ury, during fiscal year 2000 without the prior tion upon the advance approval of the Commit- code. approval of the Committees on Appropriations. tees on Appropriations. SEC. 102. The Internal Revenue Service shall BUREAU OF THE PUBLIC DEBT UNITED STATES CUSTOMS SERVICE maintain a training program to ensure that In- SALARIES AND EXPENSES ADMINISTERING THE PUBLIC DEBT ternal Revenue Service employees are trained in For necessary expenses of the United States For necessary expenses connected with any taxpayers’ rights, in dealing courteously with Customs Service, including purchase and lease public-debt issues of the United States, the taxpayers, and in cross-cultural relations. of up to 1,050 motor vehicles of which 550 are for $182,219,000, of which not to exceed $2,500 shall SEC. 103. The Internal Revenue Service shall replacement only and of which 1,030 are for po- be available for official reception and represen- institute and enforce policies and procedures lice-type use and commercial operations; hire of tation expenses, and of which not to exceed that will safeguard the confidentiality of tax- motor vehicles; contracting with individuals for $2,000,000 shall remain available until expended payer information. personal services abroad; not to exceed $40,000 for systems modernization: Provided, That the SEC. 104. Funds made available by this or any for official reception and representation ex- sum appropriated herein from the General Fund other Act to the Internal Revenue Service shall penses; and awards of compensation to inform- for fiscal year 2000 shall be reduced by not more be available for improved facilities and in- ers, as authorized by any Act enforced by the than $4,400,000 as definitive security issue fees creased manpower to provide sufficient and ef- United States Customs Service, $1,705,364,000, of and Treasury Direct Investor Account Mainte- fective 1–800 help line service for taxpayers. The which such sums as become available in the nance fees are collected, so as to result in a final Commissioner shall continue to make the im- Customs User Fee Account, except sums subject fiscal year 2000 appropriation from the General provement of the Internal Revenue Service 1–800 to section 13031(f)(3) of the Consolidated Omni- Fund estimated at $177,819,000, and in addition, help line service a priority and allocate re- bus Budget Reconciliation Act of 1985, as $20,000, to be derived from the Oil Spill Liability sources necessary to increase phone lines and H8204 CONGRESSIONAL RECORD — HOUSE September 14, 1999 staff to improve the Internal Revenue Service 1– SEC. 113. Not to exceed 2 percent of any appro- (A) shall be paid in a lump sum after the em- 800 help line service. priations in this Act made available to the Fed- ployee’s separation; SEC. 105. Notwithstanding any other provision eral Law Enforcement Training Center, Finan- (B) shall be paid from appropriations avail- of law, no reorganization of the field office cial Crimes Enforcement Network, Bureau of Al- able for the payment of the basic pay of the em- structure of the Internal Revenue Service Crimi- cohol, Tobacco and Firearms, United States ployees of the Office; nal Investigation Division will result in a reduc- Customs Service, and United States Secret Serv- (C) shall be equal to the lesser of— tion of criminal investigators in Wisconsin and ice may be transferred between such appropria- (i) an amount equal to the amount the em- South Dakota from the 1996 level. tions upon the advance approval of the Commit- ployee would be entitled to receive under 5 UNITED STATES SECRET SERVICE tees on Appropriations. No transfer may in- U.S.C. 5595(c); or SALARIES AND EXPENSES crease or decrease any such appropriation by (ii) an amount determined by the Treasury In- For necessary expenses of the United States more than 2 percent. spector General for Tax Administration, not to Secret Service, including purchase of not to ex- SEC. 114. Not to exceed 2 percent of any appro- exceed $25,000; ceed 777 vehicles for police-type use, of which priations in this Act made available to the De- (D) may not be made except in the case of any 739 shall be for replacement only, and hire of partmental Offices, Office of Inspector General, qualifying employee who voluntarily separates passenger motor vehicles; hire of aircraft; train- Treasury Inspector General for Tax Administra- (whether by retirement or resignation) before ing and assistance requested by State and local tion, Financial Management Service, and Bu- January 1, 2003; governments, which may be provided without reau of the Public Debt, may be transferred be- (E) shall not be a basis for payment, and shall reimbursement; services of expert witnesses at tween such appropriations upon the advance not be included in the computation, of any such rates as may be determined by the Director; approval of the Committees on Appropriations. other type of Government benefit; and (F) shall not be taken into account in deter- rental of buildings in the District of Columbia, No transfer may increase or decrease any such mining the amount of any severance pay to and fencing, lighting, guard booths, and other appropriation by more than 2 percent. which the employee may be entitled under 5 facilities on private or other property not in SEC. 115. Of the funds available for the pur- U.S.C. 5595 based on any other separation. Government ownership or control, as may be chase of law enforcement vehicles, no funds may (d) ADDITIONAL OFFICE OF THE TREASURY IN- necessary to perform protective functions; for be obligated until the Secretary of the Treasury SPECTOR GENERAL FOR TAX ADMINISTRATION payment of per diem and/or subsistence allow- certifies that the purchase by the respective CONTRIBUTIONS TO THE RETIREMENT FUND.— ances to employees where a protective assign- Treasury bureau is consistent with Depart- (1) IN GENERAL.—In addition to any other ment during the actual day or days of the visit mental vehicle management principles: Pro- payments which it is required to make under of a protectee require an employee to work 16 vided, That the Secretary may delegate this au- subchapter III of chapter 83 or chapter 84 of hours per day or to remain overnight at his or thority to the Assistant Secretary for Manage- title 5, United States Code, the Office shall remit her post of duty; the conducting of and partici- ment. to the Office of Personnel Management for de- pating in firearms matches; presentation of SEC. 116. (a) VOLUNTARY SEPARATION INCEN- posit in the Treasury of the United States to the awards; for travel of Secret Service employees on TIVE PAYMENTS FOR EMPLOYEES OF THE OFFICE credit of the Civil Service Retirement and Dis- protective missions without regard to the limita- OF THE TREASURY INSPECTOR GENERAL FOR TAX ability Fund an amount equal to 15 percent of tions on such expenditures in this or any other ADMINISTRATION.—During the period from Octo- the final basic pay of each employee who is cov- Act if approval is obtained in advance from the ber 1, 1999 through January 1, 2003, the Treas- ered under subchapter III of chapter 83 or chap- Committees on Appropriations; for research and ury Inspector General for Tax Administration is ter 84 of title 5, United States Code, to whom a development; for making grants to conduct be- authorized to offer voluntary separation incen- voluntary separation incentive has been paid havioral research in support of protective re- tives in order to provide the necessary flexibility under this section. search and operations; not to exceed $20,000 for to carry out the plan to establish and reorganize (2) DEFINITION.—In paragraph (1), the term official reception and representation expenses; the Office of the Treasury Inspector General for Tax Administration (referred to in this section ‘‘final basic pay’’, with respect to an employee, not to exceed $50,000 to provide technical assist- means the total amount of basic pay which ance and equipment to foreign law enforcement as the ‘‘Office’’). (b) DEFINITION.—In this section, the term would be payable for a year of service by such organizations in counterfeit investigations; for employee, computed using the employee’s final payment in advance for commercial accommoda- ‘‘employee’’ means an employee (as defined by 5 U.S.C. 2105) who is employed by the Office serv- rate of basic pay, and, if last serving on other tions as may be necessary to perform protective than a full-time basis, with appropriate adjust- functions; and for uniforms without regard to ing under an appointment without time limita- tion, and has been currently employed by the ment therefor. the general purchase price limitation for the (e) EFFECT OF SUBSEQUENT EMPLOYMENT current fiscal year, $667,312,000: Provided, That Office or the Internal Revenue Service or the Office of Inspector General of the Department of WITH THE GOVERNMENT.—An individual who up to $18,000,000 provided for protective travel has received a voluntary separation incentive shall remain available until September 30, 2001. the Treasury for a continuous period of at least 3 years, but does not include— payment under this section and accepts any em- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, (1) a reemployed annuitant under subchapter ployment for compensation with the United AND RELATED EXPENSES III of chapter 83 or chapter 84 of title 5, United States Government, or who works for any agen- For necessary expenses of construction, re- States Code, or another retirement system; cy of the United States Government through a pair, alteration, and improvement of facilities, (2) an employee having a disability on the personal services contract, within 5 years after $4,923,000, to remain available until expended. basis of which such employee is or would be eli- the date of the separation on which the pay- GENERAL PROVISIONS—DEPARTMENT OF THE gible for disability retirement under the applica- ment is based, shall be required to pay, prior to TREASURY ble retirement system referred to in paragraph the individual’s first day of employment, the en- SEC. 110. Any obligation or expenditure by the (1); tire amount of the incentive payment to the Of- Secretary of the Treasury in connection with (3) an employee who is in receipt of a specific fice. law enforcement activities of a Federal agency notice of involuntary separation for misconduct (f) EFFECT ON OFFICE OF THE TREASURY IN- or a Department of the Treasury law enforce- or unacceptable performance; SPECTOR GENERAL FOR TAX ADMINISTRATION ment organization in accordance with 31 U.S.C. (4) an employee who has previously received EMPLOYMENT LEVELS.— 9703(g)(4)(B) from unobligated balances remain- any voluntary separation incentive payment by (1) INTENDED EFFECT.—Voluntary separations ing in the Fund on September 30, 2000, shall be the Federal Government under this section or under this section are not intended to nec- made in compliance with reprogramming guide- any other authority and has not repaid such essarily reduce the total number of full-time lines. payment; equivalent positions in the Office. SEC. 111. Appropriations to the Department of (5) an employee covered by statutory reem- (2) USE OF VOLUNTARY SEPARATIONS.—The Of- the Treasury in this Act shall be available for ployment rights who is on transfer to another fice may redeploy or use the full-time equivalent uniforms or allowances therefor, as authorized organization; or positions vacated by voluntary separations by law (5 U.S.C. 5901), including maintenance, (6) any employee who, during the 24-month under this section to make other positions avail- repairs, and cleaning; purchase of insurance for period preceding the date of separation, has re- able to more critical locations or more critical official motor vehicles operated in foreign coun- ceived a recruitment or relocation bonus under occupations. tries; purchase of motor vehicles without regard 5 U.S.C. 5753 or who, within the 12-month pe- SEC. 117. None of the funds appropriated in to the general purchase price limitations for ve- riod preceding the date of separation, received a this Act or otherwise available to the Depart- hicles purchased and used overseas for the cur- retention allowance under 5 U.S.C. 5754. ment of the Treasury or the Bureau of Engrav- rent fiscal year; entering into contracts with the (c) AUTHORITY TO PROVIDE VOLUNTARY SEPA- ing and Printing may be used to redesign the $1 Department of State for the furnishing of health RATION INCENTIVE PAYMENTS.— Federal Reserve note. and medical services to employees and their de- (1) IN GENERAL.—The Treasury Inspector Gen- SEC. 118. Funds made available by this or any pendents serving in foreign countries; and serv- eral for Tax Administration may pay voluntary other Act may be used to pay premium pay for ices authorized by 5 U.S.C. 3109. separation incentive payments under this sec- protective services authorized by section 3056(a) SEC. 112. The funds provided to the Bureau of tion to any employee to the extent necessary to of title 18, United States Code, without regard to Alcohol, Tobacco and Firearms for fiscal year organize the Office so as to perform the duties the limitation on the rate of pay payable during 2000 in this Act for the enforcement of the Fed- specified in the Internal Revenue Service Re- a pay period contained in section 5547(c)(2) of eral Alcohol Administration Act shall be ex- structuring and Reform Act of 1998 (Public Law title 5, United States Code, except that such pre- pended in a manner so as not to diminish en- 105–206). mium pay shall not be payable to an employee forcement efforts with respect to section 105 of (2) AMOUNT AND TREATMENT OF PAYMENTS.—A to the extent that the aggregate of the employ- the Federal Alcohol Administration Act. voluntary separation incentive payment— ee’s basic and premium pay for the year would September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8205 otherwise exceed the annual equivalent of that series or level, geographic location, other non- and take any action necessary to ensure that limitation. The term premium pay refers to the personal factors, or an appropriate combination the requirements of this subsection are met. provisions of law cited in the first sentence of of such factors; (3) At the request of the Secretary, Depart- section 5547(a) of title 5, United States Code. (B) shall be paid in a lump sum after the em- ment of the Treasury, the Office of Management SEC. 119. (a) VOLUNTARY SEPARATION INCEN- ployee’s separation; and Budget may waive the reduction in total TIVE PAYMENTS FOR EMPLOYEES OF THE CHICAGO (C) shall be equal to the lesser of— number of funded employee positions required FINANCIAL CENTER OF THE FINANCIAL MANAGE- (i) an amount equal to the amount the em- by paragraph (1) if it believes the agency plan MENT SERVICE.—During the period from October ployee would be entitled to receive under section required by subsection (c) satisfactorily dem- 1, 1999, through January 31, 2000, the Commis- 5595(c) of title 5, United States Code, if the em- onstrates that the positions would better be used sioner of the Financial Management Service ployee were entitled to payment under such sec- to reallocate occupations or reshape the work- (FMS) of the Department of the Treasury is au- tion (without adjustment for any previous pay- force and to produce a more cost-effective result. thorized to offer voluntary separation incentives ment made); or This title may be cited as the ‘‘Treasury De- in order to provide the necessary flexibility to (ii) an amount determined by the agency partment Appropriations Act, 2000’’. carry out the closure of the Chicago Financial head, not to exceed $25,000; TITLE II—POSTAL SERVICE Center (CFC) in a manner which the Commis- (D) may be made only in the case of an em- PAYMENT TO THE POSTAL SERVICE FUND sioner shall deem most efficient, equitable to em- ployee who voluntarily separates (whether by ployees, and cost effective to the Government. retirement or resignation) under the provisions For payment to the Postal Service Fund for (b) DEFINITION.—In this section, the term of this Act; revenue forgone on free and reduced rate mail, ‘‘employee’’ means an employee (as defined by 5 (E) shall not be a basis for payment, and shall pursuant to subsections (c) and (d) of section U.S.C. 2105) who is employed by FMS at CFC not be included in the computation of any other 2401 of title 39, United States Code, $93,436,000, under an appointment without time limitation, type of Government benefit; of which $64,436,000 shall not be available for and has been so employed continuously for a (F) shall not be taken into account in deter- obligation until October 1, 2000: Provided, That period of at least 3 years, but does not include— mining the amount of any severance pay to mail for overseas voting and mail for the blind (1) a reemployed annuitant under subchapter which the employee may be entitled under sec- shall continue to be free: Provided further, That III of chapter 83 or chapter 84 of title 5, United tion 5595 of title 5, United States Code, based on 6–day delivery and rural delivery of mail shall States Code,or another retirement system; any other separation; and continue at not less than the 1983 level: Pro- (2) an employee with a disability on the basis (G) shall be paid from appropriations or funds vided further, That none of the funds made of which such employee is or would be eligible available for the payment of the basic pay of the available to the Postal Service by this Act shall for disability retirement under the retirement employee. be used to implement any rule, regulation, or systems referred to in paragraph (1) or another (e) ELIGIBILITY FOR PAYMENTS.—Payments policy of charging any officer or employee of retirement system for employees of the Govern- under this section may be made to any quali- any State or local child support enforcement ment; fying employee who voluntarily separates, agency, or any individual participating in a (3) an employee who is in receipt of a specific whether by retirement or resignation, between State or local program of child support enforce- notice of involuntary separation for misconduct October 1, 1999, and January 31, 2000. ment, a fee for information requested or pro- or unacceptable performance; (f) EFFECT ON SUBSEQUENT EMPLOYMENT vided concerning an address of a postal cus- (4) an employee who has previously received WITH THE GOVERNMENT.— tomer: Provided further, That none of the funds any voluntary separation incentive payment (1) An individual who has received a vol- provided in this Act shall be used to consolidate from an agency or instrumentality of the Gov- untary separation incentive payment under this or close small rural and other small post offices ernment of the United States under any author- section and accepts any employment for com- in fiscal year 2000. ity and has not repaid such payment; pensation with any agency or instrumentality of This title may be cited as the ‘‘Postal Service (5) an employee covered by statutory reem- the Government of the United States, or who Appropriations Act, 2000’’. ployment rights who is on transfer to another works for an agency of the United States Gov- TITLE III—EXECUTIVE OFFICE OF THE organization; or ernment through a personal services contract, PRESIDENT AND FUNDS APPROPRIATED (6) an employee who during the 24-month pe- within 5 years after the date of the separation TO THE PRESIDENT riod preceding the date of separation has re- on which the payment is based shall be required COMPENSATION OF THE PRESIDENT AND THE ceived and not repaid a recruitment or reloca- to pay, prior to the individual’s first day of em- WHITE HOUSE OFFICE tion bonus under section 5753 of title 5, United ployment, the entire amount of the incentive States Code, or who, within the 12-month period payment to FMS. COMPENSATION OF THE PRESIDENT preceding the date of separation, has received (2) The Director of the Office of Personnel For compensation of the President, including and not repaid a retention allowance under sec- Management may, at the request of the Sec- an expense allowance at the rate of $50,000 per tion 5754 of that title. retary, Department of the Treasury, waive the annum as authorized by 3 U.S.C. 102, $250,000: (c) AGENCY PLAN; APPROVAL.— repayment if the individual involved possesses Provided, That none of the funds made avail- (1) The Secretary, Department of the Treas- unique abilities and is the only qualified appli- able for official expenses shall be expended for ury, prior to obligating any resources for vol- cant available for the position. any other purpose and any unused amount untary separation incentive payments, shall (g) CONTRIBUTIONS TO THE RETIREMENT shall revert to the Treasury pursuant to section submit to the Office of Management and Budget FUND.— 1552 of title 31, United States Code: Provided a strategic plan outlining the intended use of (1) In addition to any other payments which further, That none of the funds made available such incentive payments and a proposed organi- it is required to make under subchapter III of for official expenses shall be considered as tax- zational chart for the agency once such incen- chapter 83 or chapter 84 of title 5, United States able to the President. tive payments have been completed. Code, FMS shall remit to the Office of Personnel SALARIES AND EXPENSES (2) The agency’s plan under paragraph (1) Management for deposit in the Treasury to the For necessary expenses for the White House as shall include— credit of the Civil Service Retirement and Dis- authorized by law, including not to exceed (A) the specific positions and functions to be ability Fund an amount equal to 15 percent of $3,850,000 for services as authorized by 5 U.S.C. reduced or eliminated; the final annual basic pay for each employee 3109 and 3 U.S.C. 105; subsistence expenses as (B) a proposed coverage for offers of incen- covered under subchapter III of chapter 83 or authorized by 3 U.S.C. 105, which shall be ex- tives; chapter 84 of title 5, United States Code, to pended and accounted for as provided in that (C) the time period during which incentives whom a voluntary separation incentive has been section; hire of passenger motor vehicles, news- may be paid; paid under this section. papers, periodicals, teletype news service, and (D) the number and amounts of voluntary (2) For the purpose of paragraph (1), the term travel (not to exceed $100,000 to be expended and separation incentive payments to be offered; and ‘‘final basic pay’’ with respect to an employee, accounted for as provided by 3 U.S.C. 103); and (E) a description of how the agency will oper- means the total amount of basic pay which not to exceed $19,000 for official entertainment ate without the eliminated positions and func- would be payable for a year of service by such expenses, to be available for allocation within tions. employee, computed using the employee’s final the Executive Office of the President, (3) The Director of the Office of Management rate of basic pay, and, if last serving on other $52,444,000: Provided, That $10,313,000 of the and Budget shall review the agency’s plan and than a full-time basis, with appropriate adjust- funds appropriated shall be available for reim- approve or disapprove such plan, and may make ment therefor. bursements to the White House Communications appropriate modifications in the plan including (h) REDUCTION OF AGENCY EMPLOYMENT LEV- Agency. waivers of the reduction in agency employment ELS.— EXECUTIVE RESIDENCE AT THE WHITE HOUSE levels required by this Act. (1) The total number of funded employee posi- (d) AUTHORITY TO PROVIDE VOLUNTARY SEPA- tions in the agency shall be reduced by one posi- OPERATING EXPENSES RATION INCENTIVE PAYMENTS.— tion for each vacancy created by the separation For the care, maintenance, repair and alter- (1) A voluntary separation incentive payment of any employee who has received, or is due to ation, refurnishing, improvement, heating, and under this Act may be paid by the agency head receive, a voluntary separation incentive pay- lighting, including electric power and fixtures, to an employee only in accordance with the ment under this Act. For the purposes of this of the Executive Residence at the White House strategic plan under subsection (c). subsection, positions shall be counted on a full- and official entertainment expenses of the Presi- (2) A voluntary incentive payment— time equivalent basis. dent, $9,260,000, to be expended and accounted (A) shall be offered to agency employees on (2) The President, through the Office of Man- for as provided by 3 U.S.C. 105, 109, 110, and the basis of organizational unit, occupational agement and Budget, shall monitor the agency 112–114. H8206 CONGRESSIONAL RECORD — HOUSE September 14, 1999

REIMBURSABLE EXPENSES OPERATING EXPENSES without reimbursement, $22,951,000, of which For the reimbursable expenses of the Execu- (INCLUDING TRANSFER OF FUNDS) $1,100,000 shall be available for policy research tive Residence at the White House, such sums as For the care, operation, refurnishing, im- and evaluation, of which $1,000,000 shall be may be necessary: Provided, That all reimburs- provement, heating and lighting, including elec- available for the National Alliance for Model able operating expenses of the Executive Resi- tric power and fixtures, of the official residence State Drug Laws, and of which up to $600,000 dence shall be made in accordance with the pro- of the Vice President; the hire of passenger shall be available for the evaluation of the visions of this paragraph: Provided further, motor vehicles; and not to exceed $90,000 for of- Drug-Free Communities Act: Provided, That the That, notwithstanding any other provision of ficial entertainment expenses of the Vice Presi- Office is authorized to accept, hold, administer, law, such amount for reimbursable operating ex- dent, to be accounted for solely on his certifi- and utilize gifts, both real and personal, public penses shall be the exclusive authority of the cate, $345,000: Provided, That advances or re- and private, without fiscal year limitation, for Executive Residence to incur obligations and to payments or transfers from this appropriation the purpose of aiding or facilitating the work of receive offsetting collections, for such expenses: may be made to any department or agency for the Office: Provided further, That of the Provided further, That the Executive Residence expenses of carrying out such activities. amounts appropriated for salaries and expenses, $125,000 shall be transferred to the General Ac- shall require each person sponsoring a reimburs- COUNCIL OF ECONOMIC ADVISERS able political event to pay in advance an counting Office for the sole purpose of entering SALARIES AND EXPENSES amount equal to the estimated cost of the event, into a contract with the private sector for a and all such advance payments shall be credited For necessary expenses of the Council of Eco- management review of the Office of National to this account and remain available until ex- nomic Advisors in carrying out its functions Drug Control Policy. pended: Provided further, That the Executive under the Employment Act of 1946 (15 U.S.C. COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER Residence shall require the national committee 1021), $3,840,000. (INCLUDING TRANSFER OF FUNDS) of the political party of the President to main- OFFICE OF POLICY DEVELOPMENT For necessary expenses for the Counterdrug tain on deposit $25,000, to be separately ac- SALARIES AND EXPENSES Technology Assessment Center for research ac- counted for and available for expenses relating For necessary expenses of the Office of Policy tivities pursuant to the Office of National Drug to reimbursable political events sponsored by Development, including services as authorized Control Policy Reauthorization Act of 1998 (title such committee during such fiscal year: Pro- by 5 U.S.C. 3109 and 3 U.S.C. 107, $4,032,000. VII of Division C of Public Law 105–277), vided further, That the Executive Residence $29,250,000, which shall remain available until NATIONAL SECURITY COUNCIL shall ensure that a written notice of any expended, consisting of $16,000,000 for counter- amount owed for a reimbursable operating ex- SALARIES AND EXPENSES narcotics research and development projects, pense under this paragraph is submitted to the For necessary expenses of the National Secu- and $13,250,000 for the continued operation of person owing such amount within 60 days after rity Council, including services as authorized by the technology transfer program: Provided, such expense is incurred, and that such amount 5 U.S.C. 3109, $6,997,000. That the $16,000,000 for counternarcotics re- is collected within 30 days after the submission OFFICE OF ADMINISTRATION search and development projects shall be avail- of such notice: Provided further, That the Exec- SALARIES AND EXPENSES able for transfer to other Federal departments or utive Residence shall charge interest and assess For necessary expenses of the Office of Ad- agencies. penalties and other charges on any such ministration, including services as authorized by FEDERAL DRUG CONTROL PROGRAMS amount that is not reimbursed within such 30 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of pas- HIGH INTENSITY DRUG TRAFFICKING AREAS days, in accordance with the interest and pen- senger motor vehicles, $39,198,000, of which PROGRAM alty provisions applicable to an outstanding $8,806,000 shall be available for a capital invest- (INCLUDING TRANSFER OF FUNDS) debt on a United States Government claim under ment plan which provides for the continued section 3717 of title 31, United States Code: Pro- For necessary expenses of the Office of Na- modernization of the information technology in- tional Drug Control Policy’s High Intensity vided further, That each such amount that is frastructure. reimbursed, and any accompanying interest and Drug Trafficking Areas Program, $192,000,000 charges, shall be deposited in the Treasury as OFFICE OF MANAGEMENT AND BUDGET for drug control activities consistent with the miscellaneous receipts: Provided further, That SALARIES AND EXPENSES approved strategy for each of the designated the Executive Residence shall prepare and sub- For necessary expenses of the Office of Man- High Intensity Drug Trafficking Areas, of mit to the Committees on Appropriations, by not agement and Budget, including hire of pas- which no less than 51 percent shall be trans- later than 90 days after the end of the fiscal senger motor vehicles and services as authorized ferred to State and local entities for drug control year covered by this Act, a report setting forth by 5 U.S.C. 3109, $63,495,000, of which not to ex- activities, which shall be obligated within 120 the reimbursable operating expenses of the Exec- ceed $5,000,000 shall be available to carry out days of the date of enactment of this Act: Pro- utive Residence during the preceding fiscal year, the provisions of chapter 35 of title 44, United vided, That up to 49 percent may be transferred including the total amount of such expenses, the States Code: Provided, That, as provided in 31 to Federal agencies and departments at a rate to amount of such total that consists of reimburs- U.S.C. 1301(a), appropriations shall be applied be determined by the Director: Provided further, able official and ceremonial events, the amount only to the objects for which appropriations That, of this latter amount, $1,800,000 shall be of such total that consists of reimbursable polit- were made except as otherwise provided by law: used for auditing services: Provided further, ical events, and the portion of each such Provided further, That none of the funds appro- That, hereafter, of the amount appropriated for amount that has been reimbursed as of the date priated in this Act for the Office of Management fiscal year 2000 or any succeeding fiscal year for of the report: Provided further, That the Execu- and Budget may be used for the purpose of re- the High Intensity Drug Trafficking Areas Pro- tive Residence shall maintain a system for the viewing any agricultural marketing orders or gram, the funds to be obligated or expended dur- tracking of expenses related to reimbursable any activities or regulations under the provi- ing such fiscal year for programs addressing the events within the Executive Residence that in- sions of the Agricultural Marketing Agreement treatment or prevention of drug use as part of cludes a standard for the classification of any Act of 1937 (7 U.S.C. 601 et seq.): Provided fur- the approved strategy for a designated High In- such expense as political or nonpolitical: Pro- ther, That none of the funds made available for tensity Drug Trafficking Area (HIDTA) shall vided further, That no provision of this para- the Office of Management and Budget by this not be less than the funds obligated or expended graph may be construed to exempt the Executive Act may be expended for the altering of the for such programs during fiscal year 1999 for Residence from any other applicable require- transcript of actual testimony of witnesses, ex- each designated HIDTA without the prior ap- ment of subchapter I or II of chapter 37 of title cept for testimony of officials of the Office of proval of the Committees on Appropriations: 31, United States Code. Management and Budget, before the Committees Provided further, That funds shall be provided for existing High Intensity Drug Trafficking WHITE HOUSE REPAIR AND RESTORATION on Appropriations or the Committees on Vet- erans’ Affairs or their subcommittees: Provided Areas at no less than the total fiscal year 1999 For the repair, alteration, and improvement of further, That the preceding shall not apply to level. the Executive Residence at the White House, printed hearings released by the Committees on SPECIAL FORFEITURE FUND $810,000, to remain available until expended for Appropriations or the Committees on Veterans’ (INCLUDING TRANSFER OF FUNDS) required maintenance, safety and health issues, Affairs. For activities to support a national anti-drug and continued preventative maintenance. campaign for youth, and other purposes, au- OFFICE OF NATIONAL DRUG CONTROL POLICY SPECIAL ASSISTANCE TO THE PRESIDENT AND THE thorized by Public Law 105–277, $216,000,000, to SALARIES AND EXPENSES OFFICIAL RESIDENCE OF THE VICE PRESIDENT remain available until expended: Provided, That (INCLUDING TRANSFER OF FUNDS) such funds may be transferred to other Federal SALARIES AND EXPENSES For necessary expenses of the Office of Na- departments and agencies to carry out such ac- For necessary expenses to enable the Vice tional Drug Control Policy; for research activi- tivities: Provided further, That of the funds pro- President to provide assistance to the President ties pursuant to the Office of National Drug vided, $185,000,000 shall be to support a national in connection with specially assigned functions; Control Policy Reauthorization Act of 1998 (title media campaign, as authorized in the Drug-Free services as authorized by 5 U.S.C. 3109 and 3 VII of division C of Public Law 105–277); not to Media Campaign Act of 1998: Provided further, U.S.C. 106, including subsistence expenses as exceed $8,000 for official reception and represen- That of the amounts provided for the Drug-Free authorized by 3 U.S.C. 106, which shall be ex- tation expenses; and for participation in joint Media Campaign, 10 percent shall not be avail- pended and accounted for as provided in that projects or in the provision of services on mat- able for obligation until ONDCP submits a cor- section; and hire of passenger motor vehicles, ters of mutual interest with nonprofit, research, porate sponsorship plan to the Committees on $3,617,000. or public organizations or agencies, with or Appropriations: Provided further, That of the September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8207 funds provided, $30,000,000 shall be to continue wise authorized by law; acquisition of options to vided further, That the General Services Admin- a program of matching grants to drug-free com- purchase buildings and sites; conversion and ex- istration is directed to use funds available for munities, as authorized in the Drug-Free Com- tension of federally owned buildings; prelimi- Repairs and Alterations to undertake the first munities Act of 1997: Provided further, That of nary planning and design of projects by con- construction phase of the project to renovate the the funds provided, $1,000,000 shall be available tract or otherwise; construction of new buildings Department of the Interior Headquarters Build- to the Director for transfer as grants to State (including equipment for such buildings); and ing located in Washington, D.C.; (3) $205,668,000 and local agencies or non-profit organizations payment of principal, interest, and any other for installment acquisition payments including for the National Drug Court Institute. obligations for public buildings acquired by in- payments on purchase contracts which shall re- UNANTICIPATED NEEDS stallment purchase and purchase contract; in main available until expended; (4) $2,782,186,000 for rental of space which shall remain available For expenses necessary to enable the Presi- the aggregate amount of $5,342,416,000, of until expended; and (5) $1,580,909,000 for build- dent to meet unanticipated needs, in further- which: (1) $74,979,000 shall remain available until expended for construction of additional ing operations which shall remain available ance of the national interest, security, or de- until expended, of which $475,000 shall be avail- fense which may arise at home or abroad during projects at locations and at maximum construc- tion improvement costs (including funds for sites able for the Plains States De-population Sympo- the current fiscal year, as authorized by 3 sium and of which $1,974,000 shall be available U.S.C. 108, $1,000,000. and expenses and associated design and con- struction services) as follows: until expended for acquisition, lease, construc- This title may be cited as the ‘‘Executive Of- tion, and equipping of flexiplace telecommuting fice Appropriations Act, 2000’’. New construction: Maryland: centers: Provided further, That funds available TITLE IV—INDEPENDENT AGENCIES Montgomery County, FDA Consolidation, to the General Services Administration shall not COMMITTEE FOR PURCHASE FROM PEOPLE WHO $35,000,000 be available for expenses of any construction, ARE BLIND OR SEVERELY DISABLED Michigan: repair, alteration and acquisition project for SALARIES AND EXPENSES Sault Sainte Marie, Border Station, $8,263,000 which a prospectus, if required by the Public For necessary expenses of the Committee for Montana: Buildings Act of 1959, as amended, has not been Purchase From People Who Are Blind or Se- Roosville, Border Station, $753,000 approved, except that necessary funds may be expended for each project for required expenses verely Disabled established by the Act of June Sweetgrass, Border Station, $11,480,000 for the development of a proposed prospectus: 23, 1971, Public Law 92–28, $2,674,000. Texas: Fort Hancock, Border Station, $277,000 Provided further, That funds available in the FEDERAL ELECTION COMMISSION Washington: Federal Buildings Fund may be expended for SALARIES AND EXPENSES Oroville, Border Station, $11,206,000 emergency repairs when advance approval is ob- For necessary expenses to carry out the provi- Nationwide: tained from the Committees on Appropriations: sions of the Federal Election Campaign Act of Non-prospectus, $8,000,000: Provided further, That amounts necessary to 1971, as amended, $38,152,000, of which no less provide reimbursable special services to other Provided, That each of the immediately fore- than $4,866,500 shall be available for internal agencies under section 210(f)(6) of the Federal going limits of costs on new construction automated data processing systems, and of Property and Administrative Services Act of projects may be exceeded to the extent that sav- which not to exceed $5,000 shall be available for 1949, as amended (40 U.S.C. 490(f)(6)) and ings effected in other such projects, but not to reception and representation expenses. amounts to provide such reimbursable fencing, exceed 10 percent unless advance approval is ob- FEDERAL LABOR RELATIONS AUTHORITY lighting, guard booths, and other facilities on tained from the Committees on Appropriations private or other property not in Government SALARIES AND EXPENSES of a greater amount: Provided further, That all ownership or control as may be appropriate to For necessary expenses to carry out functions funds for direct construction projects shall ex- enable the United States Secret Service to per- of the Federal Labor Relations Authority, pur- pire on September 30, 2001, and remain in the form its protective functions pursuant to 18 suant to Reorganization Plan Numbered 2 of Federal Buildings Fund except for funds for U.S.C. 3056, shall be available from such reve- 1978, and the Civil Service Reform Act of 1978, projects as to which funds for design or other nues and collections: Provided further, That including services authorized by 5 U.S.C. 3109, funds have been obligated in whole or in part revenues and collections and any other sums ac- including hire of experts and consultants, hire prior to such date: Provided further, That of the cruing to this Fund during fiscal year 2000, ex- of passenger motor vehicles, and rental of con- amount provided under this heading in Public cluding reimbursements under section 210(f)(6) ference rooms in the District of Columbia and Law 104–208, $20,782,000 are rescinded and shall of the Federal Property and Administrative elsewhere, $23,828,000: Provided, That public remain in the Fund; (2) $598,674,000 shall re- Services Act of 1949 (40 U.S.C. 490(f)(6)) in ex- members of the Federal Service Impasses Panel main available until expended for repairs and cess of $5,342,416,000 shall remain in the Fund may be paid travel expenses and per diem in lieu alterations which includes associated design and shall not be available for expenditure ex- of subsistence as authorized by law (5 U.S.C. and construction services, of which $333,000,000 cept as authorized in appropriations Acts. 5703) for persons employed intermittently in the shall be available for basic repairs and alter- POLICY AND OPERATIONS Government service, and compensation as au- ations: Provided further, That funds made For expenses authorized by law, not otherwise thorized by 5 U.S.C. 3109: Provided further, available in any previous Act in the Federal provided for, for Government-wide policy and That notwithstanding 31 U.S.C. 3302, funds re- Buildings Fund for Repairs and Alterations oversight activities associated with asset man- ceived from fees charged to non-Federal partici- shall, for prospectus projects, be limited to the agement activities; utilization and donation of pants at labor-management relations con- amount identified for each project, except each surplus personal property; transportation; pro- ferences shall be credited to and merged with project in any previous Act may be increased by curement and supply; Government-wide respon- this account, to be available without further ap- an amount not to exceed 10 percent unless ad- sibilities relating to automated data manage- propriation for the costs of carrying out these vance approval is obtained from the Committees ment, telecommunications, information re- conferences. on Appropriations of a greater amount: Pro- sources management, and related technology ac- GENERAL SERVICES ADMINISTRATION vided further, That the amounts provided in tivities; utilization survey, deed compliance in- this or any prior Act for ‘‘Repairs and Alter- spection, appraisal, environmental and cultural FEDERAL BUILDINGS FUND ations’’ may be used to fund costs associated analysis, and land use planning functions per- LIMITATIONS ON AVAILABILITY OF REVENUE with implementing security improvements to taining to excess and surplus real property; (INCLUDING RESCISSION OF FUNDS) buildings necessary to meet the minimum stand- agency-wide policy direction; Board of Contract To carry out the purpose of the Fund estab- ards for security in accordance with current law Appeals; accounting, records management, and lished pursuant to section 210(f) of the Federal and in compliance with the reprogramming other support services incident to adjudication Property and Administrative Services Act of guidelines of the appropriate Committees of the of Indian Tribal Claims by the United States 1949, as amended (40 U.S.C. 490(f)), the revenues House and Senate: Provided further, That the Court of Federal Claims; services as authorized and collections deposited into the Fund shall be difference between the funds appropriated and by 5 U.S.C. 3109; and not to exceed $5,000 for of- available for necessary expenses of real property expended on any projects in this or any prior ficial reception and representation expenses, management and related activities not otherwise Act, under the heading ‘‘Repairs and Alter- $116,223,000, of which $12,758,000 shall remain provided for, including operation, maintenance, ations’’, may be transferred to Basic Repairs available until expended: Provided, That none and protection of federally owned and leased and Alterations or used to fund authorized in- of the funds appropriated from this Act shall be buildings; rental of buildings in the District of creases in prospectus projects: Provided further, available to convert the Old Post Office at 1100 Columbia; restoration of leased premises; moving That all funds for repairs and alterations pro- Pennsylvania Avenue in Northwest Wash- governmental agencies (including space adjust- spectus projects shall expire on September 30, ington, D.C., from office use to any other use ments and telecommunications relocation ex- 2001, and remain in the Federal Buildings Fund until a comprehensive plan, which shall include penses) in connection with the assignment, allo- except funds for projects as to which funds for street-level retail use, has been approved by the cation and transfer of space; contractual serv- design or other funds have been obligated in Senate Committee on Appropriations, the House ices incident to cleaning or servicing buildings, whole or in part prior to such date: Provided Committee on Transportation and Infrastruc- and moving; repair and alteration of federally further, That the amount provided in this or ture, and the Senate Committee on Environment owned buildings including grounds, approaches any prior Act for Basic Repairs and Alterations and Public Works: Provided further, That no and appurtenances; care and safeguarding of may be used to pay claims against the Govern- funds from this Act shall be available to acquire sites; maintenance, preservation, demolition, ment arising from any projects under the head- by purchase, condemnation, or otherwise the and equipment; acquisition of buildings and ing ‘‘Repairs and Alterations’’ or used to fund leasehold rights of the existing lease with pri- sites by purchase, condemnation, or as other- authorized increases in prospectus projects: Pro- vate parties at the Old Post Office prior to the H8208 CONGRESSIONAL RECORD — HOUSE September 14, 1999 approval of the comprehensive plan by the Sen- tions on Availability of Revenue’’, claims of beginning two hundred and thirty feet and ate Committee on Appropriations, the House against the Government of less than $250,000 six inches together with all the improvements, Committee on Transportation and Infrastruc- arising from direct construction projects and ac- ways, easements, rights, privileges, and appur- ture, and the Senate Committee on Environment quisition of buildings may be liquidated from tenances to the same belonging or in anywise and Public Works. savings effected in other construction projects appertaining. OFFICE OF INSPECTOR GENERAL with prior notification to the Committees on Ap- (c) DATE OF CONVEYANCE.— For necessary expenses of the Office of In- propriations. (1) DATE.—The date of the conveyance of the spector General and services authorized by 5 SEC. 408. Funds made available for new con- Property shall be no later than 90 days from the U.S.C. 3109, $33,317,000: Provided, That not to struction projects under the heading ‘‘Federal date upon which the Administrator receives exceed $15,000 shall be available for payment for Buildings Fund, Limitations on Availability of from Columbia Hospital written notice of its in- information and detection of fraud against the Revenue’’ in Public Law 104–208 shall remain tent to purchase the Property during which time Government, including payment for recovery of available until expended so long as funds for de- the parties shall execute all necessary purchase stolen Government property: Provided further, sign or other funds have been obligated in whole and sale documents, and shall pay the initial That not to exceed $2,500 shall be available for or in part prior to September 30, 1999. cash consideration in an amount at minimum awards to employees of other Federal agencies SEC. 409. The Federal building located at 220 equal to the first of 30 equal annual installment and private citizens in recognition of efforts and East Rosser Avenue in Bismarck, North Dakota, payments of the purchase price as contemplated initiatives resulting in enhanced Office of In- is hereby designated as the ‘‘William L. Guy in subsection (d)(2) hereinbelow. spector General effectiveness. Federal Building, Post Office and United States (2) DEADLINE FOR CONVEYANCE OF THE PROP- Courthouse’’. Any reference in a law, map, reg- ALLOWANCES AND OFFICE STAFF FOR FORMER ERTY.—Written notification and payment of the ulation, document, paper or other record of the PRESIDENTS consideration set forth under subsection (c)(1) United States to the Federal building herein re- from Columbia Hospital shall be ineffective, and (INCLUDING TRANSFER OF FUNDS) ferred to shall be deemed to be a reference to the all rights granted Columbia Hospital under this For carrying out the provisions of the Act of ‘‘William L. Guy Federal Building, Post Office section to purchase the Property shall lapse, August 25, 1958, as amended (3 U.S.C. 102 note), and United States Courthouse’’. and become void and of no further force and ef- and Public Law 95–138, $2,241,000: Provided, SEC. 410. CONVEYANCE OF LAND TO THE CO- fect, if that written notification and installment That the Administrator of General Services shall LUMBIA HOSPITAL FOR WOMEN. (a) ADMINIS- payment are not received by the Administrator transfer to the Secretary of the Treasury such TRATOR OF GENERAL SERVICES.—Upon receipt of before the date which is one (1) year after the sums as may be necessary to carry out the provi- written notice and the consideration specified date of enactment of this section. sions of such Acts. herein from the Columbia Hospital for Women (3) QUITCLAIM DEED.—Any conveyance of the GENERAL SERVICES ADMINISTRATION—GENERAL (formerly Columbia Hospital for Women and Property to Columbia Hospital under this sec- PROVISIONS Lying-In Asylum, located in Washington, Dis- tion shall be by quitclaim deed. SEC. 401. The appropriate appropriation or trict of Columbia; in this section referred to as (d) CONVEYANCE TERMS.— fund available to the General Services Adminis- ‘‘Columbia Hospital’’), subject to subsection (f) (1) IN GENERAL.—The conveyance of the Prop- tration shall be credited with the cost of oper- and such other terms and conditions as the Ad- erty shall be consistent with the terms and con- ation, protection, maintenance, upkeep, repair, ministrator of General Services (in this section ditions set forth in this section and such other and improvement, included as part of rentals re- referred to as the ‘‘Administrator’’) shall re- terms and conditions as the Administrator deems ceived from Government corporations pursuant quire, the Administrator shall convey to Colum- to be in the interest of the United States, includ- to law (40 U.S.C. 129). bia Hospital, all right, title, and interest of the ing but not limited to— SEC. 402. Funds available to the General Serv- United States in and to those pieces or parcels (A) credit and payment provisions, including ices Administration shall be available for the of land in the District of Columbia, described in the provision for the prepayment of the full pur- hire of passenger motor vehicles. subsection (b), together with all improvements chase price if mutually acceptable to the parties; SEC. 403. Funds in the Federal Buildings thereon and appurtenances thereto (in this sec- (B) restrictions on the use of the Property for Fund made available for fiscal year 2000 for tion referred to as ‘‘the Property’’). The pur- the purposes set forth in subsection (a); Federal Buildings Fund activities may be trans- chase price for the Property shall be $14,000,000 (C) conditions under which the Property or ferred between such activities only to the extent (not including any accrued interest) to be paid interests therein may be sold, mortgaged, as- necessary to meet program requirements: Pro- in accordance with the terms set forth in sub- signed, or otherwise conveyed in order to facili- vided, That any proposed transfers shall be ap- section (d). The purpose of this conveyance is to tate financing to fulfill its intended use; and proved in advance by the Committees on Appro- provide hospital, medical and healthcare serv- (D) consequences in the event of default by priations. ices and related uses, including but not limited Columbia Hospital for failing to pay all install- SEC. 404. No funds made available by this Act to the expansion by Columbia Hospital of its ments payments toward the total purchase price shall be used to transmit a fiscal year 2001 re- Ambulatory Care Center, Betty Ford Breast when due, including reversion of the described quest for United States Courthouse construction Center, and the Columbia Hospital Center for property to the United States. that (1) does not meet the design guide stand- Teen Health and Reproductive Toxicology Cen- (2) PAYMENT OF PURCHASE PRICE.—Columbia ards for construction as established and ap- ter. Hospital shall pay the total purchase price of proved by the General Services Administration, (b) PROPERTY DESCRIPTION.— $14,000,000.00 for the Property. The terms and the Judicial Conference of the United States, (1) IN GENERAL.—The land referred to in sub- conditions of the sale shall be as deemed by the and the Office of Management and Budget; and section (a) was conveyed to the United States of Administrator to be in the best interests of the (2) does not reflect the priorities of the Judicial America by deed dated May 2, 1888, from David United States. Such terms may include financ- Conference of the United States as set out in its Fergusson, widower, recorded in liber 1314, folio ing the payment of the purchase price in annual approved 5–year construction plan: Provided, 102, of the land records of the District of Colum- installments for a term not to exceed thirty That the fiscal year 2001 request must be accom- bia, and is that portion of square numbered 25 years with interest on the unpaid balance not to panied by a standardized courtroom utilization in the city of Washington in the District of Co- exceed four and five-tenths percent (4.5%) per study of each facility to be constructed, re- lumbia which was not previously conveyed to annum (except during periods of default or placed, or expanded. such hospital by the Act of June 28, 1952 (66 upon entry of a final judgment amount). SEC. 405. None of the funds provided in this Stat. 287; chapter 486). (3) The Administrator shall have full author- Act may be used to increase the amount of occu- (2) PARTICULAR DESCRIPTION.—The Property ity to administer the credit granted to Columbia piable square feet, provide cleaning services, se- is more particularly described as square 25, lot Hospital in accordance with this section includ- curity enhancements, or any other service usu- 803, or as follows: all that piece or parcel of land ing, without limitation, the authority to adjust, ally provided through the Federal Buildings situated and lying in the city of Washington in settle, or compromise the amounts specified in Fund, to any agency that does not pay the rate the District of Columbia and known as part of this section or in the documents of conveyance. per square foot assessment for space and serv- square numbered 25, as laid down and distin- (4) EXECUTION OF DOCUMENTS.—The Columbia ices as determined by the General Services Ad- guished on the plat or plan of said city as fol- Hospital shall execute and provide to the Ad- ministration in compliance with the Public lows: beginning for the same at the northeast ministrator such written instruments including Buildings Amendments Act of 1972 (Public Law corner of the square being the corner formed by but not limited to contracts for purchase and 92–313). the intersection of the west line of Twenty- sale, notes, mortgages, deeds of trust, restrictive SEC. 406. Funds provided to other Government fourth Street Northwest, with the south line of covenants, indenture deeds, and assurances as agencies by the Information Technology Fund, north M Street Northwest and running thence the Administrator may reasonably request to ef- General Services Administration, under 40 south with the line of said Twenty-fourth Street fect this transaction and to protect the interests U.S.C. 757 and sections 5124(b) and 5128 of Pub- Northwest for the distance of two hundred and of the United States under this section. lic Law 104–106, Information Technology Man- thirty-one feet ten inches, thence running west (e) TREATMENT OF AMOUNTS RECEIVED.— agement Reform Act of 1996, for performance of and parallel with said M Street Northwest for Amounts received by the United States as pay- pilot information technology projects which the distance of two hundred and thirty feet six ments under this section shall be paid into the have potential for Government-wide benefits inches and running thence north and parallel fund established by section 210(f) of the Federal and savings, may be repaid to this Fund from with the line of said Twenty-fourth Street Property and Administrative Services Act of 1949 any savings actually incurred by these projects Northwest for the distance of two hundred and (40 U.S.C. 490(f)), and may be expended by the or other funding, to the extent feasible. thirty-one feet ten inches to the line of said M Administrator for real property management SEC. 407. From funds made available under Street Northwest and running thence east with and related activities not otherwise provided for, the heading ‘‘Federal Buildings Fund, Limita- the line of said M Street Northwest to the place without further authorization. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8209

(f) REVERSIONARY INTEREST.— once such incentive payments have been com- waive the repayment if the individual involved (1) IN GENERAL.—The Property, once conveyed pleted. possesses unique abilities and is the only quali- as authorized under subsection (a), shall revert (1) The agency’s plan shall include: fied applicant available for the position. to the United States, together with any improve- (A) the specific positions and functions to be (C) If the employment under this subsection is ments thereon— reduced or eliminated; with the Judicial Branch, the Director of the (A) One (1) year from the date on which Co- (B) a proposed coverage for offers of incen- Administrative Office of the United States lumbia Hospital defaults in paying to the tives; Courts may waive the repayment if the indi- United States any amount when due; or (C) the time period during which incentives vidual involved possesses unique abilities and is (B) immediately, upon any attempt by Colum- may be paid; the only qualified applicant available for the bia Hospital to assign, sell, mortgage, or convey (D) the number and amounts of voluntary position. the Property without the Administrator’s prior separation incentive payments to be offered; and (D) Employment under a personal services written consent before the United States has re- (E) a description of how the agency will oper- contract with the Government of the United ceived full purchase price, plus accrued interest. ate without the eliminated positions and func- States shall be included in the term ‘‘employ- (2) RELEASE OF REVERSIONARY INTEREST.—The tions. ment’’ with respect to paragraph (1), but shall Administrator may release, upon request, any (2) The Director of the Office of Management be excluded with respect to paragraph (2). restriction imposed on the use of the Property and Budget shall review the agency’s plan and authorized in subsection (d)(1)(B) for the pur- approve or disapprove such plan, and may make (g) CONTRIBUTIONS TO THE RETIREMENT poses set forth in subsection (a), and release any any appropriate modifications in the plan. FUND.— reversionary interest of the United States in the (d) AUTHORITY TO PROVIDE VOLUNTARY SEPA- (1) In addition to any other payments which Property upon receipt by the United States of RATION INCENTIVE PAYMENTS.— it is required to make under subchapter III of full payment of the purchase price, including (1) The agency head may pay a voluntary chapter 83 or chapter 84 of title 5, United States any accrued interest, specified under subsection separation incentive payment under this section Code, the General Services Administration shall (d)(2), or such other terms and conditions as to an employee only in accordance with the remit to the Office of Personnel Management for may be determined by the Administrator to be in strategic plan under subsection (c). deposit in the Treasury to the credit of the Civil the best interests of the United States as set (2) A voluntary separation incentive Service Retirement and Disability Fund an forth in subsection (d). payment— amount equal to 15 percent of the final annual (3) PROPERTY RETURNED TO THE GENERAL (A) shall be offered to agency employees on basic pay for each employee covered under sub- SERVICES ADMINISTRATION.—Any portion of the the basis of organizational unit, occupational chapter III of chapter 83 or chapter 84 of title 5, Property that reverts to the United States under series or level, geographic location, other non- United States Code, to whom a voluntary sepa- this subsection shall be under the jurisdiction, personal factors, or an appropriate combination ration incentive has been paid under this sec- custody and control of the General Services Ad- of such factors; tion. ministration and shall be available for use or (B) shall be paid in a lump sum after the em- (2) For the purpose of paragraph (1), the term disposition by the Administrator in accordance ployee’s separation; ‘‘final basic pay’’ with respect to an employee, with applicable Federal law. (C) shall be equal to the lesser of— means the total amount of basic pay which SEC. 411. VOLUNTARY SEPARATION INCENTIVE (i) an amount equal to the amount the em- would be payable for a year of service by such PAYMENT FOR EMPLOYEES OF THE GENERAL ployee would be entitled to receive under section employee, computed using the employee’s final SERVICES ADMINISTRATION. (a) AUTHORITY.— 5595(c) of title 5, United States Code; if the em- rate of basic pay, and, if last serving on other During the period October 1, 1999, through April ployee were entitled to payment under such sec- than a full-time basis, with appropriate adjust- 30, 2001, the Administrator of General Services is tion (without adjustment for any previous pay- ment therefor. authorized to offer a voluntary separation in- ment made); or (h) REDUCTION OF AGENCY EMPLOYMENT LEV- centive in order to provide the necessary flexi- (ii) an amount determined by the agency ELS.— bility to carry out the closing of the Federal head, not to exceed $25,000. (1) The total number of funded employee posi- Supply Service distribution centers, forward (D) may be made only in the case of an em- tions in the agency shall be reduced by one posi- supply points, and associated programs in a ployee who voluntarily separates (whether by tion for each vacancy created by the separation manner which the Administrator shall deem retirement or resignation) under the provisions of any employee who has received, or is due to most efficient, equitable to all employees, and of this section; receive, a voluntary separation incentive pay- (E) shall not be a basis for payment, and shall cost effective for the Government. ment under this section. For the purposes of this not be included in the computation of any other (b) DEFINITION.—In this section, the term subsection positions shall be counted on a full- type of Government benefit; ‘‘employee’’ means an employee (as defined by 5 time equivalent basis. U.S.C. 2105) who is employed by GSA under an (F) shall not be taken into account in deter- mining the amount of any severance pay to (2) The Director of the Office of Management appointment without time limitation, and has and Budget shall monitor the agency and take been so employed continuously for a period of at which the employee may be entitled under sec- tion 5595 of title 5, United States Code, based on any action necessary to ensure that the require- least 3 years, but does not include— ment of this subsection is met. (1) a reemployed annuitant under subchapter any other separation; and III of Chapter 83 or Chapter 84 of title 5, United (G) shall be paid from appropriations or funds (3) At the request of the Administrator of Gen- States Code, or another retirement system; available for the payment of the basic pay of the eral Services, the Office of Management and (2) an employee having a disability on the employee. Budget may waive the application of paragraph basis of which such employee is or would be eli- (e) ELIGIBILITY FOR PAYMENTS.—Payments (1) if he or she determines that the plan required gible for disability retirement under the retire- under this section may be made to any quali- by subsection (c) satisfactorily demonstrates ment systems referred to in paragraph (1) or an- fying employee who voluntarily separates, downsizing or other restructuring within GSA other retirement system for employees of the whether by retirement or resignation, between that would produce a cost-effective result. Government; October 1, 1999 through April 30, 2001. MERIT SYSTEMS PROTECTION BOARD (3) an employee who is in receipt of a specific (f) EFFECT OF SUBSEQUENT EMPLOYMENT SALARIES AND EXPENSES notice of involuntary separation for misconduct WITH THE GOVERNMENT.— or unacceptable performance; (1) An individual who has received a vol- (INCLUDING TRANSFER OF FUNDS) (4) an employee who has previously received untary separation incentive payment under this For necessary expenses to carry out functions any voluntary separation incentive payment section and accepts any employment for com- of the Merit Systems Protection Board pursuant from an agency or instrumentality of the Gov- pensation with the Government of the United to Reorganization Plan Numbered 2 of 1978 and ernment of the United States under any author- States within five years after the date of the the Civil Service Reform Act of 1978, including ity; separation on which the payment is based shall services as authorized by 5 U.S.C. 3109, rental of (5) an employee covered by statutory reem- be required to pay, prior to the individual’s first conference rooms in the District of Columbia ployment rights who is on transfer to another day of employment, the entire amount of the in- and elsewhere, hire of passenger motor vehicles, organization; or centive payment to the agency that paid the in- and direct procurement of survey printing, (6) an employee who during the 24 month pe- centive payment. $27,586,000 together with not to exceed $2,430,000 riod preceding the date of separation, has re- (2)(A) If the employment under this subsection for administrative expenses to adjudicate retire- ceived a recruitment or relocation bonus under is with an Executive agency (as defined by sec- ment appeals to be transferred from the Civil section 5753 of title 5, United States Code, or tion 105 of title 5, United States Code, but ex- Service Retirement and Disability Fund in who, within the twelve month period preceding cluding the General Accounting Office), the amounts determined by the Merit Systems Pro- the date of separation, has received and not re- United States Postal Service, or the Postal Rate tection Board. paid a retention allowance under section 5754 of Commission, the Director of the Office of Per- that title. sonnel Management may, at the request of the FEDERAL PAYMENT TO MORRIS K. UDALL SCHOL- ARSHIP AND EXCELLENCE IN NATIONAL ENVI- (c) AGENCY STRATEGIC PLAN.—The Adminis- head of the agency, waive the repayment if the trator of General Services, prior to obligating individual involved possesses unique abilities RONMENTAL POLICY FOUNDATION any resources for voluntary separation incentive and is the only qualified applicant available for For payment to the Morris K. Udall Scholar- payments, shall submit to the Office of Manage- the position. ship and Excellence in National Environmental ment and Budget a strategic plan outlining the (B) If the employment under this subsection is Trust Fund, to be available for the purposes of intended use of such incentive payments and a with an entity in the Legislative Branch, the Public Law 102–252, $2,000,000, to remain avail- proposed organizational chart for the agency head of the entity or the appointing official may able until expended. H8210 CONGRESSIONAL RECORD — HOUSE September 14, 1999

ENVIRONMENTAL DISPUTE RESOLUTION FUND Senate, and the Committees on Appropriations OFFICE OF INSPECTOR GENERAL For payment to the Environmental Dispute and Government Reform of the House of Rep- SALARIES AND EXPENSES Resolution Fund to carry out activities author- resentatives on the operation of the Records (INCLUDING TRANSFER OF TRUST FUNDS) ized in the Environmental Policy and Conflict Center Revolving Fund. For necessary expenses of the Office of In- Resolution Act of 1998, $1,250,000, to remain NATIONAL HISTORICAL PUBLICATIONS AND spector General in carrying out the provisions of available until expended. RECORDS COMMISSION the Inspector General Act, as amended, includ- NATIONAL ARCHIVES AND RECORDS GRANTS PROGRAM ing services as authorized by 5 U.S.C. 3109, hire ADMINISTRATION (INCLUDING RESCISSION OF FUNDS) of passenger motor vehicles, $960,000; and in ad- OPERATING EXPENSES For necessary expenses for allocations and dition, not to exceed $9,645,000 for administra- For necessary expenses in connection with the grants for historical publications and records as tive expenses to audit, investigate, and provide administration of the National Archives (includ- authorized by 44 U.S.C. 2504, as amended, other oversight of the Office of Personnel Man- ing the Information Security Oversight Office) $6,250,000, to remain available until expended: agement’s retirement and insurance programs, and archived Federal records and related activi- Provided, That of the funds appropriated under to be transferred from the appropriate trust ties, as provided by law, and for expenses nec- this heading in Public Law 105–277, $2,000,000 funds of the Office of Personnel Management, essary for the review and declassification of are rescinded: Provided further, That the Treas- as determined by the Inspector General: Pro- documents, and for the hire of passenger motor ury and General Government Appropriations vided, That the Inspector General is authorized vehicles, $180,398,000: Provided, That the Archi- Act, 1999 (as contained in division A, section to rent conference rooms in the District of Co- vist of the United States is authorized to use 101(h), of the Omnibus Consolidated and Emer- lumbia and elsewhere. any excess funds available from the amount bor- gency Supplemental Appropriations Act, 1999 GOVERNMENT PAYMENT FOR ANNUITANTS, rowed for construction of the National Archives (Public Law 105–277)) is amended in Title IV, EMPLOYEES HEALTH BENEFITS facility, for expenses necessary to provide ade- under the heading ‘‘National Historical Publica- For payment of Government contributions quate storage for holdings. tions and Records Commission, Grants Pro- with respect to retired employees, as authorized REPAIRS AND RESTORATION gram’’ by striking the proviso. by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits For the repair, alteration, and improvement of OFFICE OF GOVERNMENT ETHICS Act (74 Stat. 849), as amended, such sums as archives facilities, and to provide adequate stor- SALARIES AND EXPENSES may be necessary. age for holdings, $22,418,000, to remain available For necessary expenses to carry out functions until expended. GOVERNMENT PAYMENT FOR ANNUITANTS, of the Office of Government Ethics pursuant to EMPLOYEE LIFE INSURANCE RECORDS CENTER REVOLVING FUND the Ethics in Government Act of 1978, as amend- For payment of Government contributions (a) ESTABLISHMENT OF FUND.—There is hereby ed and the Ethics Reform Act of 1989, including with respect to employees retiring after Decem- established in the Treasury a revolving fund to services as authorized by 5 U.S.C. 3109, rental of ber 31, 1989, as required by chapter 87 of title 5, be available for expenses and equipment nec- conference rooms in the District of Columbia United States Code, such sums as may be nec- essary to provide for storage and related services and elsewhere, hire of passenger motor vehicles, essary. for all temporary and pre-archival Federal and not to exceed $1,500 for official reception PAYMENT TO CIVIL SERVICE RETIREMENT AND records, which are to be stored or stored at Fed- and representation expenses, $9,114,000. DISABILITY FUND eral National and Regional Records Centers by OFFICE OF PERSONNEL MANAGEMENT For financing the unfunded liability of new agencies and other instrumentalities of the Fed- and increased annuity benefits becoming effec- eral Government. The Fund shall be available SALARIES AND EXPENSES tive on or after October 20, 1969, as authorized without fiscal year limitation for expenses nec- (INCLUDING TRANSFER OF TRUST FUNDS) by 5 U.S.C. 8348, and annuities under special essary for operation of these activities. For necessary expenses to carry out functions Acts to be credited to the Civil Service Retire- (b) START-UP CAPITAL.— of the Office of Personnel Management pursu- (1) There is appropriated $22,000,000 as initial ant to Reorganization Plan Numbered 2 of 1978 ment and Disability Fund, such sums as may be capitalization of the Fund. and the Civil Service Reform Act of 1978, includ- necessary: Provided, That annuities authorized (2) In addition, the initial capital of the Fund ing services as authorized by 5 U.S.C. 3109; med- by the Act of May 29, 1944, as amended, and the shall include the fair and reasonable value at ical examinations performed for veterans by pri- Act of August 19, 1950, as amended (33 U.S.C. the Fund’s inception of the inventories, equip- vate physicians on a fee basis; rental of con- 771–775), may hereafter be paid out of the Civil ment, receivables, and other assets, less the li- ference rooms in the District of Columbia and Service Retirement and Disability Fund. abilities, transferred to the Fund. The Archivist elsewhere; hire of passenger motor vehicles; not OFFICE OF SPECIAL COUNSEL of the United States is authorized to accept in- to exceed $2,500 for official reception and rep- SALARIES AND EXPENSES ventories, equipment, receivables and other as- resentation expenses; advances for reimburse- For necessary expenses to carry out functions sets from other Federal entities that were used ments to applicable funds of the Office of Per- of the Office of Special Counsel pursuant to Re- to provide for storage and related services for sonnel Management and the Federal Bureau of organization Plan Numbered 2 of 1978, the Civil temporary and pre-archival Federal records. Investigation for expenses incurred under Exec- Service Reform Act of 1978 (Public Law 95–454), (c) USER CHARGES.—The Fund shall be cred- utive Order No. 10422 of January 9, 1953, as the Whistleblower Protection Act of 1989 (Public ited with user charges received from other Fed- amended; and payment of per diem and/or sub- Law 101–12), Public Law 103–424, and the Uni- eral Government accounts as payment for pro- sistence allowances to employees where Voting formed Services Employment and Reemployment viding personnel, storage, materials, supplies, Rights Act activities require an employee to re- Act of 1994 (Public Law 103–353), including serv- equipment, and services as authorized by sub- main overnight at his or her post of duty, ices as authorized by 5 U.S.C. 3109, payment of section (a). Such payments may be made in ad- $90,584,000; and in addition $95,486,000 for ad- fees and expenses for witnesses, rental of con- vance or by way of reimbursement. The rates ministrative expenses, to be transferred from the ference rooms in the District of Columbia and charged will return in full the expenses of oper- appropriate trust funds of the Office of Per- elsewhere, and hire of passenger motor vehicles, ation, including reserves for accrued annual sonnel Management without regard to other $9,740,000. leave, worker’s compensation, depreciation of statutes, including direct procurement of printed UNITED STATES TAX COURT capitalized equipment and shelving, and amorti- materials, for the retirement and insurance pro- SALARIES AND EXPENSES zation of information technology software and grams, of which $4,000,000 shall remain avail- For necessary expenses, including contract re- systems. able until expended for the cost of automating porting and other services as authorized by 5 (d) FUNDS RETURNED TO MISCELLANEOUS RE- the retirement recordkeeping systems: Provided, U.S.C. 3109, $35,179,000: Provided, That travel CEIPTS OF THE DEPARTMENT OF THE TREAS- That the provisions of this appropriation shall expenses of the judges shall be paid upon the URY.— not affect the authority to use applicable trust written certificate of the judge. (1) In addition to funds appropriated to and funds as provided by sections 8348(a)(1)(B) and This title may be cited as the ‘‘Independent assets transferred to the Fund in subsection (b), 8909(g) of title 5, United States Code: Provided Agencies Appropriations Act, 2000’’. an amount not to exceed 4 percent of the total further, That no part of this appropriation shall annual income may be retained in the Fund as be available for salaries and expenses of the TITLE V—GENERAL PROVISIONS an operating reserve or for the replacement or Legal Examining Unit of the Office of Personnel THIS ACT acquisition of capital equipment, including Management established pursuant to Executive SEC. 501. No part of any appropriation con- shelving, and the improvement and implementa- Order No. 9358 of July 1, 1943, or any successor tained in this Act shall remain available for ob- tion of the financial management, information unit of like purpose: Provided further, That the ligation beyond the current fiscal year unless technology, and other support systems of the President’s Commission on White House Fel- expressly so provided herein. National Archives and Records Administration. lows, established by Executive Order No. 11183 SEC. 502. The expenditure of any appropria- (2) Funds in excess of the 4 percent at the of October 3, 1964, may, during fiscal year 2000, tion under this Act for any consulting service close of each fiscal year shall be returned to the accept donations of money, property, and per- through procurement contract, pursuant to 5 Treasury of the United States as miscellaneous sonal services in connection with the develop- U.S.C. 3109, shall be limited to those contracts receipts. ment of a publicity brochure to provide informa- where such expenditures are a matter of public (e) REPORTING REQUIREMENT.—The National tion about the White House Fellows, except that record and available for public inspection, ex- Archives and Records Administration shall pro- no such donations shall be accepted for travel or cept where otherwise provided under existing vide quarterly reports to the Committees on Ap- reimbursement of travel expenses, or for the sal- law, or under existing Executive order issued propriations and Governmental Affairs of the aries of employees of such Commission. pursuant to existing law. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8211

SEC. 503. None of the funds made available by the President to request from the Federal Bu- SEC. 604. Appropriations of the executive de- this Act shall be available for any activity or for reau of Investigation any official background partments and independent establishments for paying the salary of any Government employee investigation report on any individual, except the current fiscal year available for expenses of where funding an activity or paying a salary to when— travel, or for the expenses of the activity con- a Government employee would result in a deci- (1) such individual has given his or her ex- cerned, are hereby made available for quarters sion, determination, rule, regulation, or policy press written consent for such request not more allowances and cost-of-living allowances, in ac- that would prohibit the enforcement of section than 6 months prior to the date of such request cordance with 5 U.S.C. 5922–5924. 307 of the Tariff Act of 1930. and during the same presidential administra- SEC. 605. Unless otherwise specified during the SEC. 504. None of the funds made available by tion; or current fiscal year, no part of any appropria- this Act shall be available in fiscal year 2000 for (2) such request is required due to extraor- tion contained in this or any other Act shall be the purpose of transferring control over the Fed- dinary circumstances involving national secu- used to pay the compensation of any officer or eral Law Enforcement Training Center located rity. employee of the Government of the United at Glynco, Georgia, and Artesia, New Mexico, SEC. 513. Notwithstanding section 515 of Pub- States (including any agency the majority of the out of the Department of the Treasury. lic Law 104–208, 50 percent of the unobligated stock of which is owned by the Government of SEC. 505. No part of any appropriation con- balances available to the White House Office, the United States) whose post of duty is in the tained in this Act shall be available to pay the Salaries and Expenses appropriations in fiscal continental United States unless such person: salary for any person filling a position, other year 1997, shall remain available through Sep- (1) is a citizen of the United States; (2) is a per- than a temporary position, formerly held by an tember 30, 2000, for the purposes of satisfying son in the service of the United States on the employee who has left to enter the Armed Forces the conditions of section 515 of the Treasury date of enactment of this Act who, being eligible of the United States and has satisfactorily com- and General Government Appropriations Act, for citizenship, has filed a declaration of inten- pleted his period of active military or naval 1999. tion to become a citizen of the United States service, and has within 90 days after his release SEC. 514. The cost accounting standards pro- prior to such date and is actually residing in the from such service or from hospitalization con- mulgated under section 26 of the Office of Fed- United States; (3) is a person who owes alle- tinuing after discharge for a period of not more eral Procurement Policy Act (Public Law 93–400; giance to the United States; (4) is an alien from than 1 year, made application for restoration to 41 U.S.C. 422) shall not apply with respect to a Cuba, Poland, South Vietnam, the countries of his former position and has been certified by the contract under the Federal Employees Health the former Soviet Union, or the Baltic countries Office of Personnel Management as still quali- Benefits Program established under chapter 89 lawfully admitted to the United States for per- fied to perform the duties of his former position of title 5, United States Code. manent residence; (5) is a South Vietnamese, SEC. 515. INVENTORY OF FEDERAL GRANT PRO- and has not been restored thereto. Cambodian, or Laotian refugee paroled in the GRAMS. The Director of the Office of Manage- SEC. 506. No funds appropriated pursuant to United States after January 1, 1975; or (6) is a ment and Budget shall prepare an inventory of this Act may be expended by an entity unless national of the People’s Republic of China who existing Federal grant programs after consulting the entity agrees that in expending the assist- qualifies for adjustment of status pursuant to each agency that administers Federal grant pro- ance the entity will comply with sections 2 the Chinese Student Protection Act of 1992: Pro- grams including formula funds, competitive through 4 of the Act of March 3, 1933 (41 U.S.C. vided, That for the purpose of this section, an grant funds, block grant funds, and direct pay- 10a–10c, popularly known as the ‘‘Buy Amer- affidavit signed by any such person shall be ments. The inventory shall include the name of ican Act’’). considered prima facie evidence that the re- SEC. 507. (a) PURCHASE OF AMERICAN-MADE the program, a copy of relevant statutory and quirements of this section with respect to his or EQUIPMENT AND PRODUCTS.—In the case of any regulatory guidelines, the funding level in fiscal her status have been complied with: Provided equipment or products that may be authorized year 1999, a list of the eligibility criteria both further, That any person making a false affi- to be purchased with financial assistance pro- statutory and regulatory, and a copy of the ap- davit shall be guilty of a felony, and, upon con- vided under this Act, it is the sense of the Con- plication form. The Director shall submit the in- viction, shall be fined no more than $4,000 or im- gress that entities receiving such assistance ventory no later than six months after enact- prisoned for not more than 1 year, or both: Pro- should, in expending the assistance, purchase ment to the Committees on Appropriations and vided further, That the above penal clause shall only American-made equipment and products. relevant authorizing committees. be in addition to, and not in substitution for, (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In TITLE VI—GENERAL PROVISIONS any other provisions of existing law: Provided providing financial assistance under this Act, DEPARTMENTS, AGENCIES, AND CORPORATIONS the Secretary of the Treasury shall provide to further, That any payment made to any officer SEC. 601. Funds appropriated in this or any each recipient of the assistance a notice describ- or employee contrary to the provisions of this other Act may be used to pay travel to the ing the statement made in subsection (a) by the section shall be recoverable in action by the United States for the immediate family of em- Congress. Federal Government. This section shall not ployees serving abroad in cases of death or life SEC. 508. If it has been finally determined by apply to citizens of Ireland, Israel, or the Re- a court or Federal agency that any person in- threatening illness of said employee. public of the Philippines, or to nationals of SEC. 602. No department, agency, or instru- tentionally affixed a label bearing a ‘‘Made in those countries allied with the United States in mentality of the United States receiving appro- America’’ inscription, or any inscription with a current defense effort, or to international priated funds under this or any other Act for the same meaning, to any product sold in or broadcasters employed by the United States In- fiscal year 2000 shall obligate or expend any shipped to the United States that is not made in formation Agency, or to temporary employment the United States, such person shall be ineligible such funds, unless such department, agency, or of translators, or to temporary employment in to receive any contract or subcontract made instrumentality has in place, and will continue the field service (not to exceed 60 days) as a re- with funds provided pursuant to this Act, pur- to administer in good faith, a written policy de- sult of emergencies. suant to the debarment, suspension, and ineligi- signed to ensure that all of its workplaces are SEC. 606. Appropriations available to any de- bility procedures described in sections 9.400 free from the illegal use, possession, or distribu- partment or agency during the current fiscal through 9.409 of title 48, Code of Federal Regu- tion of controlled substances (as defined in the year for necessary expenses, including mainte- lations. Controlled Substances Act) by the officers and nance or operating expenses, shall also be avail- SEC. 509. No funds appropriated by this Act employees of such department, agency, or in- able for payment to the General Services Admin- shall be available to pay for an abortion, or the strumentality. istration for charges for space and services and administrative expenses in connection with any SEC. 603. Unless otherwise specifically pro- those expenses of renovation and alteration of health plan under the Federal employees health vided, the maximum amount allowable during buildings and facilities which constitute public benefit program which provides any benefits or the current fiscal year in accordance with sec- improvements performed in accordance with the coverage for abortions. tion 16 of the Act of August 2, 1946 (60 Stat. Public Buildings Act of 1959 (73 Stat. 749), the SEC. 510. The provision of section 509 shall not 810), for the purchase of any passenger motor Public Buildings Amendments of 1972 (87 Stat. apply where the life of the mother would be en- vehicle (exclusive of buses, ambulances, law en- 216), or other applicable law. dangered if the fetus were carried to term, or the forcement, and undercover surveillance vehi- SEC. 607. In addition to funds provided in this pregnancy is the result of an act of rape or in- cles), is hereby fixed at $8,100 except station or any other Act, all Federal agencies are au- cest. wagons for which the maximum shall be $9,100: thorized to receive and use funds resulting from SEC. 511. Except as otherwise specifically pro- Provided, That these limits may be exceeded by the sale of materials, including Federal records vided by law, not to exceed 50 percent of unobli- not to exceed $3,700 for police-type vehicles, and disposed of pursuant to a records schedule re- gated balances remaining available at the end of by not to exceed $4,000 for special heavy-duty covered through recycling or waste prevention fiscal year 2000 from appropriations made avail- vehicles: Provided further, That the limits set programs. Such funds shall be available until able for salaries and expenses for fiscal year forth in this section may not be exceeded by expended for the following purposes: 2000 in this Act, shall remain available through more than 5 percent for electric or hybrid vehi- (1) Acquisition, waste reduction and preven- September 30, 2001, for each such account for cles purchased for demonstration under the pro- tion, and recycling programs as described in Ex- the purposes authorized: Provided, That a re- visions of the Electric and Hybrid Vehicle Re- ecutive Order No. 13101 (September 14, 1998), in- quest shall be submitted to the Committees on search, Development, and Demonstration Act of cluding any such programs adopted prior to the Appropriations for approval prior to the expend- 1976: Provided further, That the limits set forth effective date of the Executive order. iture of such funds: Provided further, That in this section may be exceeded by the incre- (2) Other Federal agency environmental man- these requests shall be made in compliance with mental cost of clean alternative fuels vehicles agement programs, including, but not limited to, reprogramming guidelines. acquired pursuant to Public Law 101–549 over the development and implementation of haz- SEC. 512. None of the funds made available in the cost of comparable conventionally fueled ve- ardous waste management and pollution pre- this Act may be used by the Executive Office of hicles. vention programs. H8212 CONGRESSIONAL RECORD — HOUSE September 14, 1999 (3) Other employee programs as authorized by (B) the difference between the overall average tiatives which benefit multiple Federal depart- law or as deemed appropriate by the head of the percentage of the locality-based comparability ments, agencies, or entities, as provided by Ex- Federal agency. payments taking effect in fiscal year 2000 under ecutive Order No. 12472 (April 3, 1984). SEC. 608. Funds made available by this or any section 5304 of such title (whether by adjustment SEC. 617. (a) None of the funds appropriated other Act for administrative expenses in the cur- or otherwise), and the overall average percent- by this or any other Act may be obligated or ex- rent fiscal year of the corporations and agencies age of such payments which was effective in fis- pended by any Federal department, agency, or subject to chapter 91 of title 31, United States cal year 1999 under such section. other instrumentality for the salaries or ex- Code, shall be available, in addition to objects (b) Notwithstanding any other provision of penses of any employee appointed to a position for which such funds are otherwise available, law, no prevailing rate employee described in of a confidential or policy-determining char- for rent in the District of Columbia; services in subparagraph (B) or (C) of section 5342(a)(2) of acter excepted from the competitive service pur- accordance with 5 U.S.C. 3109; and the objects title 5, United States Code, and no employee suant to section 3302 of title 5, United States specified under this head, all the provisions of covered by section 5348 of such title, may be Code, without a certification to the Office of which shall be applicable to the expenditure of paid during the periods for which subsection (a) Personnel Management from the head of the such funds unless otherwise specified in the Act is in effect at a rate that exceeds the rates that Federal department, agency, or other instru- by which they are made available: Provided, would be payable under subsection (a) were sub- mentality employing the Schedule C appointee That in the event any functions budgeted as ad- section (a) applicable to such employee. that the Schedule C position was not created ministrative expenses are subsequently trans- (c) For the purposes of this section, the rates solely or primarily in order to detail the em- ferred to or paid from other funds, the limita- payable to an employee who is covered by this ployee to the White House. tions on administrative expenses shall be cor- section and who is paid from a schedule not in (b) The provisions of this section shall not respondingly reduced. existence on September 30, 1999, shall be deter- apply to Federal employees or members of the SEC. 609. No part of any appropriation for the mined under regulations prescribed by the Of- armed services detailed to or from— current fiscal year contained in this or any fice of Personnel Management. (1) the Central Intelligence Agency; (2) the National Security Agency; other Act shall be paid to any person for the (d) Notwithstanding any other provision of (3) the Defense Intelligence Agency; filling of any position for which he or she has law, rates of premium pay for employees subject (4) the offices within the Department of De- been nominated after the Senate has voted not to this section may not be changed from the fense for the collection of specialized national to approve the nomination of said person. rates in effect on September 30, 1999, except to foreign intelligence through reconnaissance pro- SEC. 610. No part of any appropriation con- the extent determined by the Office of Personnel grams; tained in this or any other Act shall be available Management to be consistent with the purpose (5) the Bureau of Intelligence and Research of for interagency financing of boards (except Fed- of this section. the Department of State; eral Executive Boards), commissions, councils, (e) This section shall apply with respect to (6) any agency, office, or unit of the Army, committees, or similar groups (whether or not pay for service performed after September 30, Navy, Air Force, and Marine Corps, the Federal they are interagency entities) which do not have 1999. Bureau of Investigation and the Drug Enforce- a prior and specific statutory approval to re- (f) For the purpose of administering any pro- ment Administration of the Department of Jus- ceive financial support from more than one vision of law (including any rule or regulation tice, the Department of Transportation, the De- agency or instrumentality. that provides premium pay, retirement, life in- partment of the Treasury, and the Department SEC. 611. Funds made available by this or any surance, or any other employee benefit) that re- of Energy performing intelligence functions; and other Act to the Postal Service Fund (39 U.S.C. quires any deduction or contribution, or that (7) the Director of Central Intelligence. 2003) shall be available for employment of imposes any requirement or limitation on the SEC. 618. No department, agency, or instru- guards for all buildings and areas owned or oc- basis of a rate of salary or basic pay, the rate mentality of the United States receiving appro- cupied by the Postal Service and under the of salary or basic pay payable after the applica- priated funds under this or any other Act for charge and control of the Postal Service, and tion of this section shall be treated as the rate fiscal year 2000 shall obligate or expend any such guards shall have, with respect to such of salary or basic pay. such funds, unless such department, agency, or property, the powers of special policemen pro- (g) Nothing in this section shall be considered instrumentality has in place, and will continue vided by the first section of the Act of June 1, to permit or require the payment to any em- to administer in good faith, a written policy de- 1948, as amended (62 Stat. 281; 40 U.S.C. 318), ployee covered by this section at a rate in excess signed to ensure that all of its workplaces are and, as to property owned or occupied by the of the rate that would be payable were this sec- free from discrimination and sexual harassment Postal Service, the Postmaster General may take tion not in effect. and that all of its workplaces are not in viola- the same actions as the Administrator of Gen- (h) The Office of Personnel Management may tion of title VII of the Civil Rights Act of 1964, eral Services may take under the provisions of provide for exceptions to the limitations imposed as amended, the Age Discrimination in Employ- sections 2 and 3 of the Act of June 1, 1948, as by this section if the Office determines that such ment Act of 1967, and the Rehabilitation Act of amended (62 Stat. 281; 40 U.S.C. 318a and 318b), exceptions are necessary to ensure the recruit- 1973. attaching thereto penal consequences under the ment or retention of qualified employees. SEC. 619. No part of any appropriation con- authority and within the limits provided in sec- SEC. 614. During the period in which the head tained in this Act may be used to pay for the ex- tion 4 of the Act of June 1, 1948, as amended (62 of any department or agency, or any other offi- penses of travel of employees, including employ- Stat. 281; 40 U.S.C. 318c). cer or civilian employee of the Government ap- ees of the Executive Office of the President, not SEC. 612. None of the funds made available pointed by the President of the United States, directly responsible for the discharge of official pursuant to the provisions of this Act shall be holds office, no funds may be obligated or ex- governmental tasks and duties: Provided, That used to implement, administer, or enforce any pended in excess of $5,000 to furnish or redeco- this restriction shall not apply to the family of regulation which has been disapproved pursu- rate the office of such department head, agency the President, Members of Congress or their ant to a resolution of disapproval duly adopted head, officer, or employee, or to purchase fur- spouses, Heads of State of a foreign country or in accordance with the applicable law of the niture or make improvements for any such of- their designees, persons providing assistance to United States. fice, unless advance notice of such furnishing or the President for official purposes, or other indi- SEC. 613. (a) Notwithstanding any other provi- redecoration is expressly approved by the Com- viduals so designated by the President. sion of law, and except as otherwise provided in mittees on Appropriations. For the purposes of SEC. 620. None of the funds appropriated in this section, no part of any of the funds appro- this section, the word ‘‘office’’ shall include the this or any other Act shall be used to acquire in- priated for fiscal year 2000, by this or any other entire suite of offices assigned to the individual, formation technologies which do not comply Act, may be used to pay any prevailing rate em- as well as any other space used primarily by the with part 39.106 (Year 2000 compliance) of the ployee described in section 5342(a)(2)(A) of title individual or the use of which is directly con- Federal Acquisition Regulation, unless an agen- 5, United States Code— trolled by the individual. cy’s Chief Information Officer determines that (1) during the period from the date of expira- SEC. 615. Notwithstanding any other provision noncompliance with part 39.106 is necessary to tion of the limitation imposed by section 614 of of law, no executive branch agency shall pur- the function and operation of the requesting the Treasury and General Government Appro- chase, construct, and/or lease any additional fa- agency or the acquisition is required by a signed priations Act, 1999, until the normal effective cilities, except within or contiguous to existing contract with the agency in effect before the date of the applicable wage survey adjustment locations, to be used for the purpose of con- date of enactment of this Act. Any waiver that is to take effect in fiscal year 2000, in an ducting Federal law enforcement training with- granted by the Chief Information Officer shall amount that exceeds the rate payable for the out the advance approval of the Committees on be reported to the Office of Management and applicable grade and step of the applicable wage Appropriations, except that the Federal Law Budget, and copies shall be provided to Con- schedule in accordance with such section 614; Enforcement Training Center is authorized to gress. and obtain the temporary use of additional facilities SEC. 621. None of the funds made available in (2) during the period consisting of the remain- by lease, contract, or other agreement for train- this Act for the United States Customs Service der of fiscal year 2000, in an amount that ex- ing which cannot be accommodated in existing may be used to allow the importation into the ceeds, as a result of a wage survey adjustment, Center facilities. United States of any good, ware, article, or mer- the rate payable under paragraph (1) by more SEC. 616. Notwithstanding section 1346 of title chandise mined, produced, or manufactured by than the sum of— 31, United States Code, or section 610 of this forced or indentured child labor, as determined (A) the percentage adjustment taking effect in Act, funds made available for fiscal year 2000 by pursuant to section 307 of the Tariff Act of 1930 fiscal year 2000 under section 5303 of title 5, this or any other Act shall be available for the (19 U.S.C. 1307). United States Code, in the rates of pay under interagency funding of national security and SEC. 622. No part of any appropriation con- the General Schedule; and emergency preparedness telecommunications ini- tained in this or any other Act shall be available September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8213 for the payment of the salary of any officer or sures of illegality, waste, fraud, abuse or public SEC. 630. The Secretary of the Treasury is au- employee of the Federal Government, who— health or safety threats); the Intelligence Identi- thorized to establish scientific certification (1) prohibits or prevents, or attempts or ties Protection Act of 1982 (50 U.S.C. 421 et seq.) standards for explosives detection canines, and threatens to prohibit or prevent, any other offi- (governing disclosures that could expose con- shall provide, on a reimbursable basis, for the cer or employee of the Federal Government from fidential Government agents); and the statutes certification of explosives detection canines em- having any direct oral or written communica- which protect against disclosure that may com- ployed by Federal agencies, or other agencies tion or contact with any Member, committee, or promise the national security, including sections providing explosives detection services at air- subcommittee of the Congress in connection with 641, 793, 794, 798, and 952 of title 18, United ports in the United States. any matter pertaining to the employment of States Code, and section 4(b) of the Subversive SEC. 631. None of the funds made available in such other officer or employee or pertaining to Activities Act of 1950 (50 U.S.C. 783(b)). The this Act or any other Act may be used to provide the department or agency of such other officer definitions, requirements, obligations, rights, any non-public information such as mailing or or employee in any way, irrespective of whether sanctions, and liabilities created by said Execu- telephone lists to any person or any organiza- such communication or contact is at the initia- tive order and listed statutes are incorporated tion outside of the Federal Government without tive of such other officer or employee or in re- into this agreement and are controlling.’’: Pro- the approval of the Committees on Appropria- sponse to the request or inquiry of such Member, vided, That notwithstanding the preceding tions. committee, or subcommittee; or paragraph, a nondisclosure policy form or SEC. 632. No part of any appropriation con- (2) removes, suspends from duty without pay, agreement that is to be executed by a person tained in this or any other Act shall be used for demotes, reduces in rank, seniority, status, pay, connected with the conduct of an intelligence or publicity or propaganda purposes within the or performance of efficiency rating, denies pro- intelligence-related activity, other than an em- United States not heretofore authorized by the motion to, relocates, reassigns, transfers, dis- ployee or officer of the United States Govern- Congress. ciplines, or discriminates in regard to any em- ment, may contain provisions appropriate to the SEC. 633. (a) In this section the term ployment right, entitlement, or benefit, or any particular activity for which such document is ‘‘agency’’— term or condition of employment of, any other to be used. Such form or agreement shall, at a (1) means an Executive agency as defined officer or employee of the Federal Government, minimum, require that the person will not dis- under section 105 of title 5, United States Code; or attempts or threatens to commit any of the close any classified information received in the (2) includes a military department as defined foregoing actions with respect to such other offi- course of such activity unless specifically au- under section 102 of such title, the Postal Serv- cer or employee, by reason of any communica- thorized to do so by the United States Govern- ice, and the Postal Rate Commission; and tion or contact of such other officer or employee ment. Such nondisclosure forms shall also make (3) shall not include the General Accounting with any Member, committee, or subcommittee of it clear that they do not bar disclosures to Con- Office. the Congress as described in paragraph (1). gress or to an authorized official of an executive (b) Unless authorized in accordance with law SEC. 623. Section 627(b) of the Treasury and agency or the Department of Justice that are es- or regulations to use such time for other pur- General Government Appropriations Act, 1999 sential to reporting a substantial violation of poses, an employee of an agency shall use offi- (as contained in section 101(h) of division A of law. cial time in an honest effort to perform official Public Law 105–277) is amended by striking SEC. 627. No part of any funds appropriated duties. An employee not under a leave system, ‘‘Notwithstanding’’ and inserting the following: in this or any other Act shall be used by an including a Presidential appointee exempted ‘‘Effective on the date of the enactment of this agency of the executive branch, other than for under section 6301(2) of title 5, United States Act and thereafter, and notwithstanding’’. normal and recognized executive-legislative rela- Code, has an obligation to expend an honest ef- SEC. 624. Notwithstanding any provision of tionships, for publicity or propaganda purposes, fort and a reasonable proportion of such em- law, the President, or his designee, must certify and for the preparation, distribution or use of ployee’s time in the performance of official du- to Congress, annually, that no person or per- any kit, pamphlet, booklet, publication, radio, ties. sons with direct or indirect responsibility for ad- television or film presentation designed to sup- SEC. 634. None of the funds made available in ministering the Executive Office of the Presi- port or defeat legislation pending before the this or any other Act with respect to any fiscal dent’s Drug-Free Workplace Plan are themselves Congress, except in presentation to the Congress year may be used for any system to implement subject to a program of individual random drug itself. section 922(t) of title 18, United States Code, un- testing. SEC. 628. (a) IN GENERAL.—For calendar year less the system allows, in connection with a per- SEC. 625. (a) None of the funds made available 2001, the Director of the Office of Management son’s delivery of a firearm to a Federal firearms in this or any other Act may be obligated or ex- and Budget shall prepare and submit to Con- licensee as collateral for a loan, the background pended for any employee training that— gress, with the budget submitted under section check to be performed at the time the collateral (1) does not meet identified needs for knowl- 1105 of title 31, United States Code, an account- is offered for delivery to such licensee: Provided, edge, skills, and abilities bearing directly upon ing statement and associated report That the licensee notifies local law enforcement the performance of official duties; containing— within 48 hours of the licensee receiving a de- (2) contains elements likely to induce high lev- (1) an estimate of the total annual costs and nial on the person offering the collateral: Pro- els of emotional response or psychological stress benefits (including quantifiable and nonquan- vided further, That the provisions of section in some participants; tifiable effects) of Federal rules and paperwork, 922(t) shall apply at the time of the redemption (3) does not require prior employee notifica- to the extent feasible— of the firearm. (A) in the aggregate; tion of the content and methods to be used in SEC. 635. (a) None of the funds appropriated the training and written end of course evalua- (B) by agency and agency program; and (C) by major rule; by this Act may be used to enter into or renew tion; (2) an analysis of impacts of Federal regula- a contract which includes a provision providing (4) contains any methods or content associ- tion on State, local, and tribal government, prescription drug coverage, except where the ated with religious or quasi-religious belief sys- small business, wages, and economic growth; contract also includes a provision for contracep- tems or ‘‘new age’’ belief systems as defined in and tive coverage. Equal Employment Opportunity Commission No- (3) recommendations for reform. (b) Nothing in this section shall apply to a tice N–915.022, dated September 2, 1988; or (b) NOTICE.—The Director of the Office of contract with— (5) is offensive to, or designed to change, par- Management and Budget shall provide public (1) any of the following religious plans: ticipants’ personal values or lifestyle outside the notice and an opportunity to comment on the (A) Providence Health Plan; workplace. statement and report under subsection (a) before (B) Personal Care’s HMO; (b) Nothing in this section shall prohibit, re- the statement and report are submitted to Con- (C) Care Choices; strict, or otherwise preclude an agency from gress. (D) OSF Health Plans, Inc.; conducting training bearing directly upon the (c) GUIDELINES.—To implement this section, (E) Yellowstone Community Health Plan; and performance of official duties. the Director of the Office of Management and (2) any existing or future plan, if the plan ob- SEC. 626. No funds appropriated in this or any Budget shall issue guidelines to agencies to jects to such coverage on the basis of religious other Act for fiscal year 2000 may be used to im- standardize— beliefs. plement or enforce the agreements in Standard (1) measures of costs and benefits; and (c) In implementing this section, any plan Forms 312 and 4355 of the Government or any (2) the format of accounting statements. that enters into or renews a contract under this other nondisclosure policy, form, or agreement if (d) PEER REVIEW.—The Director of the Office section may not subject any individual to dis- such policy, form, or agreement does not contain of Management and Budget shall provide for crimination on the basis that the individual re- the following provisions: ‘‘These restrictions are independent and external peer review of the fuses to prescribe contraceptives because such consistent with and do not supersede, conflict guidelines and each accounting statement and activities would be contrary to the individual’s with, or otherwise alter the employee obliga- associated report under this section. Such peer religious beliefs or moral convictions. tions, rights, or liabilities created by Executive review shall not be subject to the Federal Advi- (d) Nothing in this section shall be construed Order No. 12958; section 7211 of title 5, United sory Committee Act (5 U.S.C. App.). to require coverage of abortion or abortion-re- States Code (governing disclosures to Congress); SEC. 629. None of the funds appropriated by lated services. section 1034 of title 10, United States Code, as this Act or any other Act, may be used by an SEC. 636. Notwithstanding 31 U.S.C. 1346 and amended by the Military Whistleblower Protec- agency to provide a Federal employee’s home section 610 of this Act, funds made available for tion Act (governing disclosure to Congress by address to any labor organization except when fiscal year 2000 by this or any other Act to any members of the military); section 2302(b)(8) of the employee has authorized such disclosure or department or agency, which is a member of the title 5, United States Code, as amended by the when such disclosure has been ordered by a Joint Financial Management Improvement Pro- Whistleblower Protection Act (governing disclo- court of competent jurisdiction. gram (JFMIP), shall be available to finance an H8214 CONGRESSIONAL RECORD — HOUSE September 14, 1999 appropriate share of JFMIP administrative (2) The personnel, assets, liabilities, contracts, determined under a schedule of penalties which costs, as determined by the JFMIP, but not to property, records, and unexpended balances of is established and published by the Commission exceed a total of $800,000 including the salary of appropriations, authorizations, allocations, and and which takes into account the amount of the the Executive Director and staff support. other funds employed, held, used, arising from, violation involved, the existence of previous vio- SEC. 637. Notwithstanding 31 U.S.C. 1346 and available or to be made available, of any office lations by the person, and such other factors as section 610 of this Act, the head of each Execu- the functions, powers, or duties of which are the Commission considers appropriate. tive department and agency is hereby author- transferred under paragraph (1) shall also be so ‘‘(ii) The Commission may not make any de- ized to transfer to the ‘‘Policy and Operations’’ transferred. termination adverse to a person under clause (i) account, General Services Administration, with (f) SEPARATE BUDGET REQUEST.—Section until the person has been given written notice the approval of the Director of the Office of 1105(a) of title 31, United States Code, is amend- and an opportunity to be heard before the Com- Management and Budget, funds made available ed by inserting after paragraph (30) the fol- mission. for fiscal year 2000 by this or any other Act, in- lowing new paragraph: ‘‘(iii) Any person against whom an adverse cluding rebates from charge card and other con- ‘‘(31) a separate statement of the amount of determination is made under this subparagraph tracts. These funds shall be administered by the appropriations requested for the Chief Financial may obtain a review of such determination in Administrator of General Services to support Officer in the Executive Office of the Presi- the district court of the United States for the Government-wide financial, information tech- dent.’’. district in which the person resides, or transacts nology, procurement, and other management in- (g) TECHNICAL AND CONFORMING AMEND- business, by filing in such court (prior to the ex- novations, initiatives, and activities, as ap- MENTS.—Section 503(a) of title 31, United States piration of the 30-day period which begins on proved by the Director of the Office of Manage- Code, is amended— the date the person receives notification of the ment and Budget, in consultation with the ap- (1) in paragraph (7) by striking ‘‘respec- determination) a written petition requesting propriate interagency groups designated by the tively.’’ and inserting ‘‘respectively (excluding that the determination be modified or set aside.’’ Director (including the Chief Financial Officers any officer designated or appointed under sec- (b) CONFORMING AMENDMENT.—Section Council and the Joint Financial Management tion 901(c)).’’; and 309(a)(6)(A) of such Act (2 U.S.C. 437g(a)(6)(A)) Improvement Program for financial management (2) in paragraph (8) by striking ‘‘Officers.’’ is amended by striking ‘‘paragraph (4)(A)’’ and initiatives and the Chief Information Officers and inserting ‘‘Officers (excluding any officer inserting ‘‘paragraph (4)’’. Council for information technology initiatives). designated or appointed under section 901(c)).’’. (c) EFFECTIVE DATE.—The amendments made The total funds transferred shall not exceed (h) EFFECTIVE DATE.—This section shall take by this section shall apply with respect to viola- $7,000,000. Such transfers may only be made 15 effect at noon on January 20, 2001. tions occurring between January 1, 2000 and De- days following notification of the House and SEC. 639. (a) Section 304(a) of the Federal cember 31, 2001. Senate Committees on Appropriations by the Di- Election Campaign Act of 1971 (2 U.S.C. 434(a)) SEC. 641. (a) Section 304(b) of the Federal rector of the Office of Management and Budget. is amended by striking paragraph (11) and in- Election Campaign Act (2 U.S.C. 434(b)) is SEC. 638. (a) IN GENERAL.—Section 901 of title serting the following: amended by inserting ‘‘(or election cycle, in the 31, United States Code, is amended by adding at ‘‘(11)(A) The Commission shall promulgate a case of an authorized committee of a candidate the end the following: regulation under which a person required to file for Federal office)’’ after ‘‘calendar year’’ each ‘‘(c)(1) There shall be within the Executive a designation, statement, or report under this place it appears in paragraphs (2), (3), (4), (6), Office of the President a Chief Financial Offi- Act— and (7). cer, who shall be designated or appointed by the ‘‘(i) is required to maintain and file a designa- (b) The amendment made by this section shall President from among individuals meeting the tion, statement, or report for any calendar year become effective with respect to reporting peri- standards described in subsection (a)(3). The po- in electronic form accessible by computers if the ods beginning after December 31, 2000. sition of Chief Financial Officer established person has, or has reason to expect to have, ag- SEC. 642. (a) IN GENERAL.—Section 636 of the under this paragraph may be so established in gregate contributions or expenditures in excess Treasury Postal Service, and General Govern- any Office (including the Office of Administra- of a threshold amount determined by the Com- ment Appropriations Act, 1997 (5 U.S.C. prec. tion) of the Executive Office of the President. mission; and 5941 note) is amended in the first sentence by ‘‘(2) The Chief Financial Officer designated or ‘‘(ii) may maintain and file a designation, striking ‘‘may’’ and inserting ‘‘shall’’. appointed under this subsection shall, to the ex- statement, or report in electronic form or an al- (b) EFFECTIVE DATE.—The amendment made tent that the President determines appropriate ternative form if not required to do so under the by subsection (a) shall take effect on October 1, and in the interest of the United States, have 1999, or the date of enactment of this Act, the same authority and perform the same func- regulation promulgated under clause (i). ‘‘(B) The Commission shall make a designa- whichever is later. tions as apply in the case of a Chief Financial tion, statement, report, or notification that is SEC. 643. (a) IN GENERAL.—Upon promulga- Officer of an agency described in subsection (b). ‘‘(3) The President shall submit to Congress filed electronically with the Commission acces- tion of the regulations required under sub- notification with respect to any provision of sec- sible to the public on the Internet not later than section (c), an Executive agency which provides tion 902 that the President determines shall not 24 hours after the designation, statement, re- or proposes to provide child care services for apply to a Chief Financial Officer designated or port, or notification is received by the Commis- Federal employees may use appropriated funds appointed under this subsection. sion. (otherwise available to such agency for salaries) ‘‘(4) The President may designate an employee ‘‘(C) In promulgating a regulation under this to provide child care, in a Federal or leased fa- of the Executive Office of the President (other paragraph, the Commission shall provide meth- cility, or through contract, for civilian employ- than the Chief Financial Officer), who shall be ods (other than requiring a signature on the ees of such agency. deemed ‘the head of the agency’ for purposes of document being filed) for verifying designations, (b) AFFORDABILITY.—Amounts so provided carrying out section 902, with respect to the Ex- statements, and reports covered by the regula- with respect to any such facility or contractor ecutive Office of the President.’’. tion. Any document verified under any of the shall be applied to improve the affordability of (b) PLAN FOR IMPLEMENTATION.—Not later methods shall be treated for all purposes (in- child care for lower income Federal employees than 90 days after the effective date of this sec- cluding penalties for perjury) in the same man- using or seeking to use the child care services tion, the President shall communicate in writ- ner as a document verified by signature. offered by such facility or contractor. ing, to the Chairmen of the Committees on Ap- ‘‘(D) As used in this paragraph, the term ‘re- (c) REGULATIONS.—The Office of Personnel propriations, the Chairman of the Committee on port’ means, with respect to the Commission, a Management shall, within 180 days after the Government Reform of the House of Representa- report, designation, or statement required by date of enactment of this Act, issue regulations tives, and the Chairman of the Committee on this Act to be filed with the Commission.’’. necessary to carry out this section. Governmental Affairs of the Senate, a plan for (b) The amendments made by this section (d) DEFINITION.—For purposes of this section, implementation of the provisions of, and amend- shall be effective for reporting periods beginning the term ‘‘Executive agency’’ has the meaning ments made by, this section. after December 31, 2000. given such term by section 105 of title 5, United (c) DEADLINE FOR APPOINTMENT.—The Chief SEC. 640. (a) IN GENERAL.—Section 309(a)(4) of States Code, but does not include the General Financial Officer designated or appointed under the Federal Election Campaign Act of 1971 (2 Accounting Office. section 901(c) of title 31, United States Code (as U.S.C. 437g(a)(4)) is amended— (e) NOTIFICATION.—None of the funds made added by subsection (a)), shall be so designated (1) in subparagraph (A)(i), by striking ‘‘clause available in this or any other Act may be used or appointed not later than 180 days after the (ii)’’ and inserting ‘‘clauses (ii) and subpara- to implement the provisions of this section ab- effective date of this section. graph (C)’’; and sent advance notification to the Committees on (d) PAY.—The Chief Financial Officer des- (2) by adding at the end the following new Appropriations. ignated or appointed under such section shall subparagraph: SEC. 644. (a) INCREASE IN ANNUAL COMPENSA- receive basic pay at the rate payable for level IV ‘‘(C)(i) Notwithstanding subparagraph (A), in TION.—Section 102 of title 3, United States Code, of the Executive Schedule under section 5315 of the case of a violation of any requirement of is amended by striking ‘‘$200,000’’ and inserting title 5, United States Code. section 304(a) of the Act (2 U.S.C. 434(a)), the ‘‘$400,000’’. (e) TRANSFER OF FUNCTIONS.—(1) The Presi- Commission may— (b) EFFECTIVE DATE.—The amendment made dent may transfer such offices, functions, pow- ‘‘(I) find that a person committed such a vio- by this section shall take effect at noon on Jan- ers, or duties thereof, as the President deter- lation on the basis of information obtained pur- uary 20, 2001. mines are properly related to the functions of suant to the procedures described in paragraphs SEC. 645. Effective October 1, 1999, all per- the Chief Financial Officer under section 901(c) (1) and (2); and sonnel of the General Accounting Office em- of title 31, United States Code (as added by sub- ‘‘(II) based on such finding, require the per- ployed or maintained to carry out functions of section (a)). son to pay a civil money penalty in an amount the Joint Financial Management Improvement September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8215 Program (JFMIP) shall be transferred to the (1) the tax imposed by subtitle A of the Inter- Enforcement Coordination Council (in this sec- General Services Administration. The Director nal Revenue Code of 1986 for such taxable year tion referred to as the ‘‘Council’’). The Council of the Office of Personnel Management shall (as shown on his return), and shall consist of the following members— provide to the General Services Administration (2) the tax imposed by section 3101 of such (1) The Assistant Secretary of Commerce and one permanent Senior Executive Service alloca- Code on wages received during such taxable Commissioner of Patents and Trademarks, who tion for the position of the Executive Director of year. shall serve as co-chair of the Council; the JFMIP. Personnel transferred pursuant to (d) CONTENT OF TAX RECEIPT.— (2) The Assistant Attorney General, Criminal this section shall not be separated or reduced in (1) MAJOR EXPENDITURE CATEGORIES.—For Division, who shall serve as co-chair of the classification or compensation for 1 year after purposes of subsection (a), the major expendi- Council; any such transfer, except for cause. ture categories are: (3) The Under Secretary of State for Economic SEC. 646. (a) The adjustment in rates of basic (A) National defense. and Agricultural Affairs; pay for the statutory pay systems that takes ef- (B) International affairs. (4) The Ambassador, Deputy United States fect in fiscal year 2000 under sections 5303 and (C) Medicaid. Trade Representative; (5) The Commissioner of Customs; and 5304 of title 5, United States Code, shall be an (D) Medicare. (E) Means-tested entitlements. (6) The Under Secretary of Commerce for increase of 4.8 percent. International Trade. (b) Funds used to carry out this section shall (F) Domestic discretionary. (b) DUTIES.—The Council established in sub- be paid from appropriatoins which are made to (G) Social Security. (H) Interest payments. section (a) shall coordinate domestic and inter- each applicable department or agency for sala- (I) All other. national intellectual property law enforcement ries and expenses for fiscal year 2000. (2) OTHER ITEMS ON RECEIPT.— among federal and foreign entities. SEC. 647. Notwithstanding any other provision (A) IN GENERAL.—In addition, the tax receipt (c) CONSULTATION REQUIRED.—The Council of law, a woman may breastfeed her child at shall include selected examples of more specific shall consult with the Register of Copyrights on any location in a Federal building or on Federal expenditure items, including the items listed in law enforcement matters relating to copyright property, if the woman and her child are other- subparagraph (B), either at the budget function, and related rights and matters. wise authorized to be present at the location. subfunction, or program, project, or activity lev- (d) NON-DEROGATION.—Nothing in this section SEC. 648. FEDERAL FUNDS IDENTIFIED. Any re- els, along with any other information deemed shall derogate from the duties of the Secretary quest for proposals, solicitation, grant applica- appropriate by the Secretary of the Treasury of State or from the duties of the United States tion, form, notification, press release, or other and the Director of the Office of Management Trade Representative as set forth in section 141 publications involving the distribution of Fed- and Budget to enhance taxpayer understanding of the Trade Act of 1974 (19 U.S.C. 2171), or from eral funds shall indicate the agency providing of the Federal budget. the duties and functions of the Register of the funds and the amount provided. This provi- (B) LISTED ITEMS.—The expenditure items list- Copyrights, or otherwise alter current authori- sion shall apply to direct payments, formula ed in this subparagraph are as follows: ties relating to copyright matters. funds, and grants received by a State receiving (i) Public schools funding programs. (e) REPORT.—The Council shall report annu- Federal funds. (ii) Student loans and college aid. ally on its coordination activities to the Presi- SEC. 649. (a) Congress finds that— (iii) Low-income housing programs. dent, and to the Committees on Appropriations (1) the Veterans of Foreign Wars of the United (iv) Food stamp and welfare programs. and on the Judiciary of the Senate and the States (in this section referred to as the (v) Law enforcement, including the Federal House of Representatives. ‘‘VFW’’), which was formed by veterans of the Bureau of Investigation, law enforcement grants (f) FUNDING.—Notwithstanding section 1346 of Spanish-American War and the Philippine In- to the States, and other Federal law enforce- title 31, United States Code, or section 610 of surrection to help secure rights and benefits for ment personnel. this Act, funds made available for fiscal year their service, will be celebrating its 100th anni- (vi) Infrastructure, including roads, bridges, 2000 and hereafter by this or any other Act shall versary in 1999; and mass transit. be available for interagency funding of the Na- (2) members of the VFW have fought, bled, (vii) Farm subsidies. tional Intellectual Property Law Enforcement and died in every war, conflict, police action, (viii) Congressional Member and staff salaries. Coordination Council. and military intervention in which the United (ix) Health research programs. SEC. 654. In addition to funds otherwise pro- States has engaged during this century; (x) Aid to the disabled. vided under the heading ‘‘National Oceanic and (3) over its history, the VFW has ably rep- (xi) Veterans health care and pension pro- Atmospheric Administration’’ for ‘‘Operations, resented the interests of veterans in Congress grams. Research, and Facilities’’ in Public Law 105–277 and State Legislatures across the Nation and es- (xii) Space programs. (112 Stat. 2681–83), $5,650,000 is appropriated for tablished a network of trained service officers (xiii) Environmental cleanup programs. necessary retired pay expenses under the Re- who, at no charge, have helped millions of vet- (xiv) United States embassies. tired Serviceman’s Family Protection and Sur- erans and their dependents to secure the edu- (xv) Military salaries. vivor Benefit Plan, and for payment for medical cation, disability compensation, pension, and (xvi) Foreign aid. care of retired personnel and their dependents health care benefits they are rightfully entitled (xvii) Contributions to the North Atlantic under the Dependents Medical Care Act (10 to receive as a result of the military service per- Treaty Organization. U.S.C. ch. 55). formed by those veterans: (xviii) Amtrak. This Act may be cited as the ‘‘Treasury and (4) the VFW has also been deeply involved in (xix) United States Postal Service. General Government Appropriations Act, 2000’’. national education projects, awarding nearly (e) COST.—No charge shall be imposed to cover And the Senate agree to the same. $2,700,000 in scholarships annually, as well as any cost associated with the production or dis- JIM KOLBE, countless community projects initiated by its tribution of the tax receipt. FRANK R. WOLF, 10,000 posts; and (f) REGULATIONS.—The Secretary of the Treas- ANN M. NORTHUP, (5) the United States Postal Service has issued ury may prescribe such regulations as may be JO ANN EMERSON, commemorative postage stamps honoring the necessary to carry out this section. JOHN E. SUNUNU, VFW’s 50th and 75th anniversaries, respectively. SEC. 651. (a) Section 7001 of Public Law 105– JOHN E. PETERSON, (b) Therefore, it is the sense of the Congress 174 (112 Stat. 91) is amended by striking each ROY BLUNT, that the United States Postal Service is encour- place it appears ‘‘for purposes of the period be- BILL YOUNG, aged to issue a commemorative postage stamp in ginning on the date of enactment of this Act STENY HOYER, honor of the 100th anniversary of the founding and ending on September 30, 1999,’’ and insert- CARRIE P. MEEK, of the Veterans of Foreign Wars of the United ing ‘‘May 1, 1998,’’. DAVID E. PRICE, States. (b) Section 1109 of Public Law 105–261 (112 LUCILLE ROYBAL-ALLARD, SEC. 650. ITEMIZED INCOME TAX RECEIPT. (a) Stat. 2143) is repealed. DAVE OBEY, IN GENERAL.—Not later than April 15, 2000, the SEC. 652. (a) The American Battle Monuments Managers on the Part of the House. Secretary of the Treasury shall establish an Commission and the World War II Memorial Ad- interactive program on an Internet website visory Board (as referred to in Public Law 103– BEN NIGHTHORSE where any taxpayer may generate an itemized 32 (40 U.S.C. 1003 note; 107 Stat. 90)) shall each CAMPBELL, receipt showing a proportionate allocation (in be considered to qualify for the rates of postage RICHARD SHELBY, money terms) of the taxpayer’s total tax pay- currently in effect under former section 4452 of JON KYL, ments among the major expenditure categories. title 39, United States Code, for third-class mail TED STEVENS, (b) INFORMATION NECESSARY TO GENERATE matter mailed by a qualified nonprofit organiza- BYRON L. DORGAN, RECEIPT.—For purposes of generating an tion. BARBARA A. MIKULSKI, itemized receipt under subsection (a), the inter- (b) Rates of postage afforded by subsection (a) ROBERT C. BYRD, active program— shall be available only with respect to official Managers on the Part of the Senate. (1) shall only require the input of the tax- mail sent for the furtherance of the purpose of JOINT EXPLANATORY STATEMENT payer’s total tax payments, and section 2(c)(1) or 3 of Public Law 103–32, as ap- The managers on the part of the House and (2) shall not require any identifying informa- plicable. the Senate at the conference on the dis- tion relating to the taxpayer. (c) This section shall apply with respect to fis- agreeing votes of the two Houses on the (c) TOTAL TAX PAYMENTS.—For purposes of cal year 2000 and each fiscal year thereafter. amendment of the Senate to the bill (H.R. this section, total tax payments of an individual SEC. 653. (a) ESTABLISHMENT.—There is estab- 2490), making appropriations for the Treas- for any taxable year are— lished the National Intellectual Property Law ury Department, the United States Postal H8216 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Service, the Executive Office of the Presi- a different activity, a reprogramming shall this hearing. According to the General Ac- dent, and certain Independent Agencies, for be submitted. counting Office, both the timing and the con- the fiscal year ending September 30, 2000, and Additionally, each request shall include a tent of these submissions made it more dif- for other purposes, submit the following declaration that, as of the date of the re- ficult for Congress to assess administration joint statement to the House and the Senate quest, none of the funds included in the re- proposals.– in explanation of the effect of the action quest have been obligated, and none will be VEHICLE USAGE AND REPLACEMENT agreed upon by the managers and rec- obligated, until the Committees on Appro- The conferees remain concerned about the ommended in the accompanying conference priations have approved the request. pace by which the vehicle management sys- report. CLIMATE CHANGE RESEARCH tem is being implemented. To date, only ini- The conference agreement on the Treasury On October 22, 1997, the President intro- tial steps have been taken. Therefore, the and General Government Appropriations duced a three-stage proposal on climate conferees have continued last year’s provi- Act, 2000, incorporates some of the language change in anticipation of an international sion regarding vehicle acquisition and expect and allocations set forth in House Report agreement to be negotiated 2 months later in that the system will be fully implemented in 106-231 and Senate Report 106-87. The lan- Kyoto, Japan. The President’s budget for fis- time to utilize information gathered from guage in these reports should be complied cal year 1999 included a $6,300,000,000 package the system in developing the fiscal year 2001 with unless specifically addressed in the ac- of tax incentives and research and develop- budget. The conferees direct that the fiscal companying statement of managers. ment programs over the 5 years of Stage I of year 2001 request regarding vehicle acquisi- Senate Amendment: The Senate deleted the President’s proposal. With regard to pro- tions be justified on a demonstrated use of the entire House bill after the enacting grams pursued under the President’s pro- this system. clause and inserted the Senate bill. The con- posal, the conferees expect the administra- ference agreement includes a revised bill. TITLE I—DEPARTMENT OF THE tion to comply with the letter and spirit of Throughout the accompanying explanatory TREASURY the Government Performance and Results statement, the managers refer to the Com- DEPARTMENTAL OFFICES Act (GPRA). mittee and the Committees on Appropria- SALARIES AND EXPENSES The conferees direct the administration to tions. Unless otherwise noted, in both in- designate which office has authority to co- The conferees agree to provide $134,034,000 stances, the managers are referring to the ordinate and direct interagency activity instead of $134,206,000 as proposed by the House Subcommittee on Treasury, Postal with regard to the President’s proposal, House and $133,168,000 as proposed by the Service, and General Government and the which can report accountably to Congress. Senate. The amount provided does not in- Senate Subcommittee on Treasury and Gen- None of the funds provided in this bill are clude the additional $596,000 requested for eral Government. to be used to implement actions called for Enforcement Policies and Programs. REPROGRAMMING AND TRANSFER OF FUNDS solely under the Kyoto protocol, prior to its The conferees note that the amount pro- GUIDELINES ratification. vided includes sufficient funding for the De- The conference agreement includes the fol- The Byrd-Hagel resolution passed in 1997 partment of the Treasury to make up to lowing reprogramming guidelines which (S. Res. 98) remains the clearest statement of $500,000 in contract awards to the National shall be complied with by all agencies funded the will of the Senate with regard to the Law Center for Inter-American Free Trade by the Treasury and General Government Kyoto protocol, and the conferees are com- as proposed by the President. The conferees Appropriations Act, 2000: mitted to ensuring that the administration support this program, which will aid federal 1. Except under extraordinary and emer- not implement the Kyoto protocol without government efforts to conduct legal research gency situations, the Committees on Appro- congressional consent. The conferees recog- specific to relevant trade issues. priations will not consider requests for a re- nize, however, that there are also long- SENIOR EXECUTIVE SERVICE ALLOCATIONS programming or a transfer of funds, or use of standing energy research programs which The conferees recognize some discrepancy unobligated balances, which are submitted have goals and objectives that, if met, could in allocations of Senior Executive Service after the close of the third quarter of the fis- have positive effects on energy use and the (SES) positions among Treasury law enforce- cal year, June 30; environment. The conferees do not intend to ment bureaus. When compared to com- 2. Clearly stated and detailed documenta- preclude these programs from proceeding, parable Justice Department agencies, these tion presenting justification for the re- provided they have been documented in full allocations seem disproportionate. The con- programming, transfer, or use of unobligated compliance with the letter and intent of ferees recognize that SES allocations are re- balances shall accompany each request; GPRA, funded, and approved by Congress. viewed every two years and the next review 3. For agencies, departments, or offices re- To the extent future funding requests may will occur in the year 2000. In order to miti- ceiving appropriations in excess of be submitted which would increase funding gate this apparent disparity, the conferees $20,000,000, a reprogramming shall be sub- for climate change activities prior to ratifi- direct the Secretary of the Treasury to re- mitted if the amount to be shifted to or from cation of the Kyoto protocol (whether under view the SES allocations in its law enforce- any object class, budget activity, program the auspices of the climate change tech- ment bureaus and to make recommendations line item, or program activity involved is in nology initiative or any other initiative), the to the Committees on Appropriations by No- excess of $500,000 or 10 percent, whichever is Administration must do a better job of ex- vember 1, 1999, on those actions that might greater, of the object class, budget activity, plaining the components of the programs, alleviate SES imbalances. program line item, or program activity; their anticipated goals and objectives, the OFFICE OF ENFORCEMENT REVIEW 4. For agencies, departments, or offices re- justification for any funding increases, a dis- The Congress established the Office of the ceiving appropriations less than $20,000,000, a cussion of how success will be measured, and Under Secretary of Enforcement in Public reprogramming shall be submitted if the a clear definition of how these programs are Law 103-123, Section 105, to allow the Depart- amount to be shifted to or from any object justified by goals and objectives independent ment an office solely dedicated to assisting class, budget activity, program line item, or of implementation of the Kyoto protocol. Treasury’s law enforcement bureaus in man- program activity involved is in excess of The conferees direct the Administration to agement and policy oversight issues specific $50,000, or 10 percent, whichever is greater, of provide the Committees with a detailed plan to the needs of law enforcement. The con- the object class, budget activity, program for implementing key elements of the Presi- ferees are interested in the use of funding in line item, or program activity; dent’s proposal, which would include per- the Office of Enforcement with respect to the 5. For any action where the cumulative ef- formance goals for the reduction of green- management of law enforcement bureaus and fect of below threshold reprogramming ac- house gases that have objective, quantifi- the development and oversight of policy. tions, or past reprogramming and/or transfer able, and measurable target levels. The plan Therefore, the conferees direct the General actions added to the request, would exceed should provide evidence on the effectiveness Accounting Office to conduct a management the dollar threshold mentioned above, a re- of these programs in meeting the perform- review of the Office of Enforcement and programming shall be submitted; ance goals. The conferees expect these items 6. For any action which would result in a to be included as part of the fiscal year 2001 Treasury’s law enforcement bureaus as they major change to the program or item which budget submission for all affected agencies. relate to the Office of Enforcement. The con- is different than that presented to and ap- Last year, the Senate Appropriations Com- ferees note that attention should also be proved by either of the Committees, or the mittee directed the Administration to in- paid to the Office’s interactions with other Congress, a reprogramming shall be sub- clude these items in the fiscal year 2000 entities within Treasury’s Departmental Of- mitted; budget submission. The conferees are con- fices, as well as other federal law enforce- 7. For any action where funds earmarked cerned that several agencies are tardy in ment agencies. by either of the Committees for a specific ac- doing so. The conferees take cognizance of a DEPARTMENT-WIDE SYSTEMS AND CAPITAL tivity are proposed to be used for a different joint hearing on agency accountability, con- INVESTMENTS PROGRAMS activity, a reprogramming shall be sub- ducted on May 20, 1999, by subcommittees of The conferees agree to provide $43,961,000 mitted; and, the Senate Committee on Energy and Nat- instead of $31,017,000 as proposed by the 8. For any action where funds earmarked ural Resources and the House Committee on House and $35,561,000 as proposed by the Sen- by either of the Committees for a specific ac- Government Reform. In fact, three agencies ate. The amount provided includes $26,221,000 tivity are in excess of the project or activity did not submit reports until April 9 or later, for Human Resources Reengineering and requirement, and are proposed to be used for and one submitted its report one day before Systems Modernization, $4,327,000 for the September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8217 completion of Year 2000 conversion activi- U.S. Secret Service– ...... 75,466,000– – YOUTH CRIME GUN INTERDICTION INITIATIVE ties, $3,813,000 for Departmental Offices pro- Treasury Std. Financial The conferees agree to increase total fund- ductivity enhancement, $1,000,000 for critical Systems– ...... 250,000– – ing for the Youth Crime Gun Interdiction infrastructure protection, $200,000 for De- LAN Replacement– ...... 250,000– – Initiative (YCGII) to $51,320,000, of which partment-wide implementation of an infor- TCS– ...... 3,700,000– – $12,320,000 is provided in the violent crime re- mation systems architecture, $5,400,000 for Counter Chem/Bio duction trust fund (VCRTF). The conferees the International Trade Data System, and Threats– ...... 3,325,000– – strongly support programs such as YCGII, $3,000,000 for money laundering grants. Upgrade WH Complex the operations of the Bureau of Alcohol, To- OFFICE OF INSPECTOR GENERAL Security– ...... 1,843,000– – bacco and Firearms (ATF) National Tracing Replace mainframe fi- Center, and initiatives such as the Inte- SALARIES AND EXPENSES nancial system– ...... 1,151,000– – grated Violence Reduction Strategy to tar- The conferees agree to provide $30,716,000 2000 Presidential Cam- get, investigate and prosecute crimes with as proposed by the House instead of paign—add’l protection guns and reduce gun violence among our na- $30,483,000 as proposed by the Senate. workload– ...... 27,515,000– tion’s youth. The conferees are aware that TREASURY INSPECTOR GENERAL FOR TAX 2000 Presidential Cam- many communities are interested in learn- ADMINISTRATION paign—recurring pro- ing from and benefiting by increased federal SALARIES AND EXPENSES tection workload– ...... 7,732,000– efforts in this area, and so ATF is encour- Vehicle Replacement— aged to consider the needs of communities The conferees agree to provide $112,207,000 from VCRTF– ...... 6,700,000– – where no current YCGII program exists, such as proposed by the House instead of Anti-terrorism supp. fol- as Las Vegas, Nevada, as it plans for future $111,340,000 as proposed by the Senate. low-on costs– ...... 23,000,000– YCGII operations. TREASURY BUILDING AND ANNEX REPAIR AND Other Treasury – ...... 3,000,000– GANG RESISTANCE EDUCATION AND TRAINING RESTORATION FLEWUG– ...... 3,000,000 GRANTS The conferees agree to provide $23,000,000 The conferees agree to provide $13,000,000 as proposed by the House instead of Total– ...... 177,906,000– to ATF as proposed by the Senate instead of $15,000,000 as proposed by the Senate. VIOLENT CRIME REDUCTION PROGRAMS $10,000,000 as proposed by the House to con- FINANCIAL CRIMES ENFORCEMENT NETWORK The conferees agree to provide $132,000,000, tinue the Gang Resistance Education and SALARIES AND EXPENSES as proposed by the House instead of Training (GREAT) program. Additional $194,000,000 proposed by the Senate. This funds of $3,000,000 for ATF administrative The conferees agree to provide $27,818,000 amount is to be used as follows: support also are provided through VCRTF. instead of $29,656,000 as proposed by the The conferees understand that the longitu- House and $27,681,000 as proposed by the Sen- Bureau of Alcohol, Tobacco dinal impact study of the GREAT program ate. This is identical to the Administration’s and Firearms– ...... $40,920,000– now underway at the National Institute of request, with the exception that $600,000 re- GREAT Program Justice and the University of Nebraska will quested to fund Gateway system operations Management– ...... 3,000,000– be completed in the summer of 2000. The con- is provided in the Violent Crime Reduction GREAT Program Grants– 13,000,000– ferees urge ATF to expedite completion of Trust Fund instead of the Salaries and Ex- YCGII Expansion to 37 the study and provide the results to the penses appropriation. The conferees agree cities– ...... 12,320,000– Committees on Appropriations. Integrated Violence Re- that not to exceed $1,000,000 of this funding CUSTOMS SERVICE duction Strategy– ...... 12,600,000 shall remain available until September 30, The conferees agree to provide $61,000,000 Customs Service– ...... 61,000,000– 2002 to provide flexibility in keeping tech- instead of $64,000,000 as proposed by the Land Border Automation nology investments current. House and $52,774,000 as proposed by the Sen- Initiative/canopies– ..... 4,000,000– TREASURY FORFEITURE FUND ate. This fully funds the Administration re- Vehicles– ...... 11,464,000– quest for funding for vehicles, maintenance The conferees understand that the fiscal Maintain FY 1988 equip- of previously acquired detection equipment year 2000 super surplus for the Treasury For- ment (NII, canopies)– .. 3,640,000– and equipment in support of Operations feiture Fund will exceed the Administra- Agent/Inspector HARDLINE and GATEWAY, lab moderniza- tion’s estimate of $142,000,000, and therefore Relocation– ...... 8,000,000 – tion, money laundering, and $2,400,000 to con- direct the Department to provide the Com- Lab modernization– ...... 5,735,000– tinue the Customs Cybersmuggling Center. mittees on Appropriations its plan for using Narcotics and money The conferees provide an additional $1,600,000 these resources in a timely manner, as well laundering– ...... 4,817,000 – for the Cybersmuggling Center in the Cus- as a summary of actual obligations in the Cybersmuggling—FY 99 toms Service Salaries and Expenses appro- fiscal year 2001 budget request. Initiative priation. The conferees provide $4,000,000 for The conferees continue to support the use continuation– ...... 2,400,000– the land border automation initiative. of the super surplus to further advance Maintain FY97 Hardline/ Treasury law enforcement programs and ac- Gateway Equipment– .. 5,430,000 – AGENT AND INSPECTOR RELOCATION tivities, and acknowledge the Department’s Hiring for projected The conferees are interested in the use of proposal for use of the super surplus for a va- attrition– ...... 15,514,000 funding provided for agent and inspector re- riety of activities. The conferees direct the Secret Service– ...... 4,200,000 – location. Specific funding of $8,000,000 was re- Department to use $177,906,000 instead of Forensic technologies— quested by the Administration, in addition $142,106,000 as proposed by the House and general– ...... 2,000,000 – to $4,000,000 from the Treasury Forfeiture $142,000,000 as proposed by the Senate, as fol- Forensic technologies— Fund in fiscal year 1998 and $8,000,000 appro- lows: NCMEC operational priated to Customs in fiscal year 1999. The conferees direct the Customs Service to re- U.S. Customs Service– ...... $64,493,000–– support– ...... 2,200,000 port by February 1, 2000, on its use of this Vehicle Replacement–– ... 8,600,000– Financial Crimes Enforce- funding for fiscal years 1998–2000, to include FTE/Equipment from ment Network– ...... 1,863,000 actual and estimated numbers of inspectors S&E– ...... 11,964,000– – Magnitude of Money Laundering Study– ...... 500,000 and agents relocated and the costs associ- Other Base equipment ated with such moves. funding– ...... 12,129,000– SARs Access/ Integrity enhancement– 4,300,000– – Enhancement– ...... 200,000 SECRET SERVICE Training Initiative– ...... 2,500,000– Gateway Program– ...... 600,000 The conferees agree to provide $4,200,000 as SW Border Initiative– ..... 25,000,000 Expand Secure Outreach proposed by the House instead of $21,950,000 Bureau of Alcohol, Tobacco Net– ...... 263,000 as proposed by the Senate. This includes and Firearms– ...... 34,947,000– – Expand Data Mining $2,000,000 for forensic assistance to the Na- IBIS ...... 3,000,000– – Technology– ...... 300,000 tional Center for Missing and Exploited Chil- Mobile Radios/vehicles– .. 6,300,000– – Interagency Crime and dren (NCMEC) and $2,200,000 for grant assist- Canine explosives Drug Enforcement– ...... 14,817,000 ance for the Exploited Child Unit of NCMEC. Federal Law Enforcement detection– ...... 1,000,000– – FINANCIAL CRIMES ENFORCEMENT NETWORK Training Center– ...... 9,200,000– Post incident The conferees agree to provide $1,863,000 as Artesia Firearms investigations– ...... 3,600,000– – proposed by the Senate instead of no funding Ranges– ...... 9,200,000 Arson and explosives as proposed by the House. This includes repository– ...... 1,608,000– – funding for operating the Gateway system, Total– ...... 132,000,000 Lab Equipment expanding the secure outreach network for Modernization– ...... 3,800,000– – BUREAU OF ALCOHOL, TOBACCO AND FIREARMS federal agencies, improving access to the Building security The conferees agree to provide $27,920,000 Suspicious Activity Report (SAR) system annualization– ...... 639,000– instead of $26,800,000 as proposed by the and outreach to State and local law enforce- Headquarters Construc- House and $17,847,000 as proposed by the Sen- ment agencies, money laundering, and data tion (if required)– ...... 15,000,000 ate. mining. H8218 CONGRESSIONAL RECORD — HOUSE September 14, 1999

FEDERAL LAW ENFORCEMENT TRAINING area. These funds will be used to sponsor a tion of cigarettes manufactured for export CENTER research project on the development of law will create substantial enforcement prob- The conferees agree to provide $9,200,000 as enforcement training techniques aimed at lems for ATF after January 1, 2000, when the proposed by the Senate instead of no funding addressing rural crime, rural drug behavior new law becomes effective. The conferees as proposed by the House, for two firearms and rural gang activities. It is hoped that note that a number of States have already ranges at the Federal Law Enforcement the study, which shall be provided to the passed laws banning the distribution of ex- Training Center’s Artesia, New Mexico, cam- Committees on Appropriations within one port manufactured cigarettes ahead of the pus. year after enactment of this bill, will be con- federal statute. The conferees include sidered in making any law enforcement $5,209,000 to fund the enforcement actions INTERAGENCY CRIME AND DRUG ENFORCEMENT changes necessary for conducting a rural law with regard to gray market tobacco products The conferees agree to provide $14,817,000 enforcement training program. and to ensure collection of floor stock taxes. instead of $27,000,000 as proposed by the ACQUISITION, CONSTRUCTION, IMPROVEMENTS, The conferees direct ATF to report back to House and $28,366,000 as proposed by the Sen- AND RELATED EXPENSES the Committees on Appropriations before ate. An additional $61,083,000 is provided in September 30, 2000, followed by semi-annual The conferees agree to provide $21,611,000 the Interagency Law Enforcement account reports thereafter, on the number of employ- as proposed by the Senate instead of for a total appropriation of $75,900,000. ees dedicated to handling this transition in $24,310,000 as proposed by the House. This in- FEDERAL LAW ENFORCEMENT TRAINING the law and its enforcement, the number of cludes funding for the current Master Plan CENTER– complaints received, the number of inves- construction, expanding the chilled water tigations initiated, and the number of cases SALARIES AND EXPENSES system, a counter terrorism facility, and referred for prosecution. The conferees agree to provide $84,027,000 completion of a new dormitory at Artesia, instead of $82,827,000 as proposed by the New Mexico.– ANTIQUE FIREARMS House and $80,114,000 as proposed by the Sen- The conferees have denied funding for a The conferees are concerned that there are ate. The conferees agree to an increase of new classroom at Glynco, Georgia, as these insufficient data or information on the use of $1,420,000 for basic training, $1,216,000 for funds have been made available through the antique firearms in crime. The term ‘‘an- counter-terrorism training, $1,380,000 for a Treasury Forfeiture Fund in fiscal year 1999. tique firearm’’ has the meaning given the term in 18 USC 921(a)(16). Therefore, the ATF cost accounting system, $350,000 for sched- DORMITORY AND CLASSROOM CONSTRUCTION uling automation, $1,973,000 for equipment is urged to conduct a study on the use of an- The conferees continue to be committed to base restoration, $900,000 for training vehi- tique firearms in crime and report back to the principle of consolidating federal law en- cles, and $300,000 for a Rural Law Enforce- the Committees on Appropriations no later forcement training, and are greatly con- ment Demonstration Project.– than February 15, 2000. cerned that the INS Border patrol training The conferees agree to continue a general LABORATORY FACILITIES AND HEADQUARTERS facility in Charleston, South Carolina will provision (Section 615) to permit the Federal not be closed in fiscal year 2001, as originally The conferees recommend that, should it Law Enforcement Training Center (FLETC) planned and agreed to by the Departments of be deemed necessary, ATF seek any funds re- to acquire the temporary use of additional Justice and Treasury. The conferees under- quired for a relocation of their headquarters training facilities without seeking the ad- stand that the obstacle to this closure and operations from the Treasury Forfeiture vance approval otherwise required by that subsequent consolidation of all Border Pa- Fund.– section. The conferees direct the Center to trol basic training at FLETC is the lack of UNITED STATES CUSTOMS SERVICE report to the Committees on Appropriations adequate capacity at the two existing SALARIES AND EXPENSES by May 5, 2000 on the use of this authority FLETC sites. The budget request is con- and projections for its future use. The conferees agree to provide $1,705,364,000 sistent with a revised plan to have adequate instead of $1,708,089,000 as proposed by the U.S. BORDER PATROL BASIC TRAINING basic training capacity by fiscal year 2004. House and $1,670,747,000 as proposed by the The Congress has mandated that the US The conferees strongly urge FLETC and the Senate. These amounts include $212,000 for Border Patrol (USBP) increase its level of Department to keep the Committees in- renovations to the Louisville International new hires now and over the next several formed of any problems that may cause fur- Airport in Louisville, Kentucky. The con- years. A critical component of the hiring ther delays, and directs the Treasury Depart- ferees also include funding to maintain cur- process is the training of new agents to pre- ment to report by May 5, 2000, on progress in rent levels and annualize the cost of per- pare them as quickly as possible to perform meeting this target. sonnel and equipment, including vehicle re- their duties at USBP locations. Due to the INTERAGENCY LAW ENFORCEMENT placement, and $35,000,000 in new funding to increased training requirements, entry level INTERAGENCY CRIME AND DRUG ENFORCEMENT support the Automated Commercial System. USBP agents are currently trained at both In addition, the conferees provide $9,000,000 The conferees agree to provide $61,083,000 the FLETC Glynco, Georgia and the former for non-intrusive mobile personal inspection instead of $48,900,000 as proposed by the Charleston, South Carolina Naval Yard sites. technology, $5,011,000 for the forced child House and no appropriation as proposed by The conferees direct that FLETC and the Im- labor program, and $2,000,000 for money laun- the Senate. The conferees provide an addi- migration and Naturalization Service (INS)/ dering outbound detection technology. The tional $14,817,000 through the VCRTF, for a USBP establish a training schedule that cre- agreement also includes $1,600,000 for the total appropriation of $75,900,000. ates fixed plateaus for conducting training Cybersmuggling Center in addition to the at both locations. FLETC and INS are to re- FINANCIAL MANAGEMENT SERVICE $2,400,000 funded through the Violent Crime port back to the Committees on Appropria- SALARIES AND EXPENSES Reduction Trust Fund, to bring total funding tions no later than January 1, 2000, on how The conferees agree to provide $201,320,000 to the Center to $4,000,000. The conferees this scheduling is being implemented for fis- as proposed by the House instead of deny without prejudice $725,000 requested for cal year 2000. The conferees fully expect that $200,054,000 as proposed by the Senate.– land border blitzes. the five year construction Master Plan for The conferees have agreed to include lan- CUSTOMS AUTOMATION facilities for USBP training will be fully im- guage proposed by the Senate that provides The conferees are extremely supportive of plemented subject to a certification by the that not to exceed $2,500 is available for offi- automating Customs’ systems and processes. Secretary of Treasury and the Attorney Gen- cial reception and representation expenses. Unfortunately, the Administration failed to eral that all FLETC overflow issues relating BUREAU OF ALCOHOL, TOBACCO AND FIREARMS request adequate funding for this program, to USBP basic training have been addressed. SALARIES AND EXPENSES either to maintain the existing Automated RURAL LAW ENFORCEMENT EDUCATION Commercial System (ACS) or to lay the The conferees agree to provide $565,959,000 DEMONSTRATION PROJECT groundwork for the Automated Commercial instead of $567,059,000 as proposed by the The conferees are concerned that greater Environment (ACE). The President’s budget House and $570,345,000 as proposed by the attention tends to be focused on youth crime does include an increase of $35,000,000 for ex- Senate. The amount provided fully funds the and gang activity in urban centers. Rural panded memory for ACS. However, the con- request to maintain current services, in- areas are also experiencing significant in- ferees are deeply concerned that Customs cludes $5,209,000 for enforcement and tax col- creases in juvenile crime. The conferees be- has failed to provide accurate estimates of lection support for tobacco tax compliance, lieve that rural law enforcement officials, possible funding shortfalls which the con- and $5,000,000 to support the Integrated Bal- and others in rural communities who could ferees could address. The conferees support listic Indentification System system in addi- provide an early warning system of criminal Customs’ efforts to mirror the Internal Rev- tion to $3,000,000 funded through the Treas- behavior, are not receiving the kind of edu- enue Service’s path for modernization with ury Forfeiture Fund. The conferees do not cation and training that may be critically the use of a prime integrator and the estab- include $1,100,000 requested for a promotion important to the safe keeping of their com- lishment of modularized acquisition and assessment system, but expect ATF to ab- munities. spending plans. Given the adoption of this sorb those costs within existing resources.– Therefore, the conferees direct the Direc- new approach, the conferees request the re- tor of FLETC to provide up to $300,000 to a TOBACCO COMPLIANCE vised system blueprint, schedule and budget graduate level criminal justice program spe- The conferees are concerned that a change for ACE not later than the time the budget cializing in rural law enforcement in a in federal law mandated by the 1997 Balanced is submitted for fiscal year 2001. The con- Northern Plains State and/or other rural Budget Act regarding the domestic distribu- ferees also direct the Customs Service to September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8219 provide quarterly reports on the mainte- From within amounts appropriated, the are dismayed that the plan was not provided nance and costs of ACS until ACE has been conferees agree to provide $725,000 and direct as requested. The plan is to include the pro- implemented. Customs to provide a Northern Plains agri- jected lifespans and replacement schedules, SOUTHWEST BORDER STAFFING AND CROSS- cultural economics program with these funds as well as the current status, of each aircraft BORDER TRADE to conduct a research program to analyze or vessel, associated operations and mainte- The conferees are aware that commercial issues relating to bilateral U.S./Canada trade nance activities for these craft, and any truck traffic entering the United States in agricultural commodities and to assess costs for fleet modernization. The conferees through Mexico has grown by more than 50 the economic impact of bilateral trade on expect prompt completion and submission of percent in recent years, and that the Cus- the Northern Plains. Specific objectives of this report. toms Service has not realized subsequent in- the research program are (1) to evaluate in- ROTORCRAFT TRAINING creases in inspectors. For example, over 80 consistencies in agricultural policies, trade The conferees are aware that the Customs percent of the fresh produce imported from practices, and marketing activities which af- Service has contracted with the University Mexico comes through Nogales, Arizona, yet fect trade flows of agricultural products and of North Dakota for rotorcraft training. Be- the number of Customs inspectors in that commodities between the U.S. and Canada; cause of the University’s state-of-the-art fa- area has actually decreased. In addition, the (2) to analyze the impacts of Canadian ex- cilities, its experienced flight instructors, San Luis, Arizona port of entry is not open ports of agricultural products and commod- and its internationally recognized expertise during key hours thereby forcing trade to be ities on prices and net farm income in North- in touch-down auto rotation, the conferees rerouted hundreds of miles away. When the ern Plains States; (3) to analyze data on Ca- urge the continuation and expansion of this port is open, wait times can be over two and nadian export prices and quantities of agri- collaboration. a half hours long. The conferees understand cultural products and commodities collected BUREAU OF THE PUBLIC DEBT that Customs is currently reviewing its over- at U.S. customs points along the Northern ADMINISTERING THE PUBLIC DEBT all resource allocation and encourages Cus- border; and (4) to evaluate factors influ- The conferees agree to provide $177,819,000 toms to consider the Arizona border in this encing Canadian exports to the United instead of $176,919,000 as proposed by the review. In the interim, the conferees instruct States, including transportation and logis- House and $176,983,000 as proposed by the Customs at least to maintain current staff- tics and single desk selling of wheat and bar- Senate. ing levels in Arizona in fiscal year 2000 and ley by the Canadian Wheat Board. The con- The conferees agree that the report de- to report to the Committees on Appropria- ferees further direct that a report on this scribed in House report language should be tions by March 31, 2000, on what resources project be provided to the Committees with- submitted to the Committees on Appropria- are necessary to reduce wait times along the in one year of enactment of this Act. tions by February 1st of each year. Southwest border to twenty minutes, in ad- PORTS OF ENTRY INFRASTRUCTURE ASSESSMENT INTERNAL REVENUE SERVICE dition to outlining the current staffing needs The conferees are concerned about the cur- in Arizona. PROCESSING, ASSISTANCE, AND MANAGEMENT rent condition of the ports of entry along the The conferees agree to provide $3,312,535,000 TARGETED RESOURCES FOR THE SOUTHWEST U.S. land borders. Therefore, the conferees BORDER instead of $3,270,098,000 as proposed by the direct the Customs Service, working in con- House and $3,291,945,000 as proposed by the In addition to the evaluation of overall, sultation with the General Services Adminis- Senate. The amount provided is the same as longer term Southwest border needs directed tration, to assess the current condition and the amount requested by the Administra- above, the conferees, in an effort to address infrastructure needs of these ports and pro- tion. these concerns in terms of wait times and vide a report to the Committees within nine The conferees have also agreed to include trafficking in illegal drugs and contraband, months after enactment of this Act on a plan $3,950,000 for the Tax Counseling for the El- believe that an immediate increase in in- to address these needs and the resources re- derly Program as proposed by the Senate in- spectors, agents, and detection technology is quired to do so. The conferees expect the stead of $3,700,000 as proposed by the House. justified to meet these current pressures. Customs Service to coordinate with the The conferees therefore direct the U.S. Cus- TAX LAW ENFORCEMENT other Federal and State border agencies in The conferees agree to provide $3,336,838,000 toms Service to submit within 60 days of en- this effort. actment to the Committees on Appropria- instead of $3,301,136,000 as proposed by the tions its recommendation for immediate ac- INTERNATIONAL PORTS OF ENTRY House and $3,305,090,000 as proposed by the tions to reduce waiting times and improve The conferees urge the Customs Service to Senate. The amount provided is the same as contraband detection capabilities, as well as evaluate the merits of designating the Hec- the amount requested by the Administra- investigative resources. Based on these rec- tor International Airport in Fargo, North tion. ommendations and subject to approval by Dakota, the San Antonio International Air- The conferees have also agreed to include the Committees, the conferees direct that port in San Antonio, Texas, and The Man- language in the bill which provides $150,000 $25,000,000 from the super surplus of the chester Airport in Manchester, New Hamp- for official reception and representation ex- Treasury Forfeiture Fund be used to hire shire, as international ports of entry and re- penses associated with hosting the Inter- new inspectors, agents, or acquire new detec- port the findings to the Committees on Ap- American Center of Tax Administration 2000 tion technology for use along the Southwest propriations no later than February 15, 2000. Conference as proposed by the Senate. border. Additionally, the conferees encourage the Kerosene Dye Study CUSTOMS INSPECTION PRACTICES U.S. Customs Service to consider a pilot The Taxpayer Relief Act of 1997 established The conferees are concerned about allega- project to allow international port of entry a $.244 per gallon motor fuels tax on ker- tions that African-Americans and Hispanic- designations at several selected airports osene to deter fraud and evasion of the diesel Americans are being targeted for Customs which may not currently meet the require- tax. To distinguish between those using the inspections, detention and for personal ments for an international port of entry des- fuel for home heating purposes and those searches at border crossings. The conferees ignation but which demonstrate promise of using the fuel for transportation use, a dye- are also concerned about allegations that meeting them in the future due to expanded ing scheme was established whereby red-dyed personal searches of individuals subject to international trade and commerce. kerosene would be provided to home heating such searches in accordance with regulations HARBOR MAINTENANCE FEE COLLECTION fuel customers tax free and clear kerosene would be used by the transportation fuel cus- established by the Customs Service may be The conferees agree to provide a separate tomers. The conferees are concerned about carried out by employees of the Customs appropriation of $3,000,000 as proposed by the the potential effects on human health and Service who are not of the same gender as Senate, to be transferred from the Harbor safety of burning red-dyed kerosene fuel in the individual being searched. Therefore, the Maintenance Trust Fund to the Customs unvented space heaters. Therefore, the con- conferees direct the Secretary of the Treas- Service ‘‘Salaries and Expenses’’ appropria- ferees direct the Secretary of the Treasury ury to prepare and submit to the Congress a tion. report on the conduct of personal searches to conduct a study on this issue and report OPERATION, MAINTENANCE AND PROCUREMENT, by employees of the Customs Service by Feb- the results to the tax-writing committees of AIR AND MARINE INTERDICTION PROGRAMS ruary 15, 2000. the House and Senate by September 30, 2000. The conferees agree to provide $108,688,000 CANADIAN/UNITED STATES FREE TRADE INFORMATION SYSTEMS as proposed by the Senate instead of AGREEMENT RESEARCH PROGRAM The conferees agree to provide $1,455,401,000 $109,413,000 as proposed by the House. The instead of $1,394,540,000 as proposed by the The Canadian/United States Free Trade conferees deny without prejudice $725,000 re- Agreement (CUSTA) was signed in 1988 and House and $1,450,100,000 as proposed by the quested for land border blitzes. implemented in 1989. The objective was to Senate. The amount provided is the same as create a Canadian/U.S. free trade area so CUSTOMS AIR AND MARINE INTERDICTION the amount requested by the Administra- trade between the two countries would be MODERNIZATION tion. The conferees have also agreed to make uninhibited by border measures. The agree- In the fiscal year 1999 appropriation, the the funds available for obligation until Sep- ment called for conversion of non-tariff bor- conferees directed Customs to provide its air tember 30, 2001. der measures to tariffs, with all tariffs to be and marine program modernization plan ADMINISTRATIVE PROVISIONS—INTERNAL phased out over a 15 year period. The agree- with its fiscal year 2000 budget. The con- REVENUE SERVICE ment was expanded to NAFTA by including ferees understand that this plan is currently Section 101. The conferees agree to include Mexico in 1994. under review within the Administration and a provision proposed by the House and the H8220 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Senate which allows the transfer of 5 percent Senate which requires the expenditure of TITLE III—EXECUTIVE OFFICE OF THE of any appropriation made available to the funds so as not to diminish efforts under sec- PRESIDENT AND FUNDS APPRO- Internal Revenue Service to any other IRS tion 105 of the Federal Alcohol Administra- PRIATED TO THE PRESIDENT appropriation subject to Congressional ap- tion Act. WHITE HOUSE OFFICE proval. Section 113. The conferees agree to include SALARIES AND EXPENSES Section 102. The conferees agree to include a provision proposed by the House and the a provision proposed by the House and the Senate which authorizes transfers, up to 2 The conferees agree to provide $52,444,000 Senate which requires the IRS to maintain a percent, between law enforcement appropria- as proposed by the House and the Senate and training program in taxpayers’ rights, deal- tions under certain circumstances. include a proviso that $10,313,000 of the funds ing courteously with taxpayers, and cross Section 114. The conferees agree to include appropriated shall be available for reim- cultural relations. a provision proposed by the Senate which au- bursements to the White House Communica- Section 103. The conferees agree to include thorizes the transfer, up to 2 percent, be- tions Agency, as proposed by the House. a provision proposed by the House and the tween the Departmental Offices, Office of In- OFFICE OF ADMINISTRATION Senate which requires the IRS to institute spector General, Treasury Inspector General SALARIES AND EXPENSES– for Tax Administration, Financial Manage- and enforce policies and practices that will The conferees agree to provide $39,198,000 ment Service, and Bureau of Public Debt ap- safeguard the confidentially of taxpayer in- as proposed by the Senate instead of propriations under certain circumstances. A formation. $39,448,000 as proposed by the House. – Section 104. The conferees agree to include similar provision in the House bill did not a provision proposed by the Senate which di- make appropriations for the Treasury In- OFFICE OF MANAGEMENT AND BUDGET rects that funds shall be available for im- spector General for Tax Administration eli- SALARIES AND EXPENSES– proved facilities and increased manpower to gible for transfer. The conferees agree to provide $63,495,000 provide sufficient and effective 1–800 help Section 115. The conferees agree to include as proposed by the House and the Senate and line telephone assistance. The House bill a provision proposed by the House and the agree to delete a new provision authorizing contained no similar provision. Senate regarding the purchase of law en- the Office of Management and Budget to es- Section 105. The conferees agree to include forcement vehicles. tablish a National Intellectual Property Co- a provision proposed by the Senate which Section 116. The conferees agree to include ordination Center, as proposed by the Sen- provides that no reorganization of the Inter- a provision proposed by the House and the ate. The conferees include a new provision in nal Revenue Service Criminal Investigation Senate which authorizes voluntary separa- Title VI establishing a National Intellectual Division will result in a reduction in the tion incentives in the Office of Treasury In- Property Law Enforcement Coordination number of criminal investigators in Wis- spector General for Tax Administration. Council. Section 117. The conferees agree to include consin and South Dakota below the 1996 Grant consolidation– level. The House bill contained no similar a provision proposed by the House which pro- provision. hibits the Department of the Treasury and The conferees agree with and modify Sen- the Bureau of Engraving and Printing from ate report language on grant consolidation. UNITED STATES SECRET SERVICE redesigning the $1 Federal Reserve note. The The conferees direct the Director of the Of- SALARIES AND EXPENSES Senate bill contained no similar provision. fice of Management and Budget to prepare The conferees agree to provide $667,312,000 Section 118. The conferees agree to include an inventory of Federal grant programs in- instead of $662,312,000 as proposed by the and modify a provision proposed by the cluding the name of the program, the statu- House and $638,816,000 as proposed by the House which authorizes Treasury law en- tory authorization, the eligibility criteria Senate. The conferees agree to provide au- forcement agencies to pay their protection both statutory and regulatory and a copy of thority for up to $18,000,000 to remain avail- officers premium pay in excess of the pay pe- the grant application form for fiscal year able for protective travel until September 30, riod limitation. The Senate bill contained no 1999. The Director shall submit the inventory 2001, as proposed by the House. The conferees similar provision. no later than six months after the date of en- fully fund the President’s request with two Section 119. The conferees agree to include actment to the Committees on Appropria- exceptions: the conferees deny the Adminis- a provision proposed by the House and the tions and relevant authorizing committees. tration’s request to fund $1,000,000 from the Senate which authorizes the Financial Man- OFFICE OF NATIONAL DRUG CONTROL POLICY Treasury Forfeiture Fund, and include agement Service to offer voluntary separa- SALARIES AND EXPENSES– $5,000,000 to implement the provisions of Sec- tion incentives to employees of the Chicago The conferees agree to provide $22,951,000 tion 118. Financial Center. The language included in for the Office of National Drug Control Pol- the conference agreement includes technical ACQUISITION, CONSTRUCTION, IMPROVEMENT, icy (ONDCP), instead of $52,221,000 as pro- AND RELATED EXPENSES corrections. The conferees agree to delete a provision posed by the House and $21,963,000 as pro- The conferees agree to provide $4,923,000 as proposed by the Senate regarding the execu- posed by the Senate. This includes $20,851,000 proposed by the House and the Senate. tion of judgments against property of foreign for operations, including support for clear- James J. Rowley Training Center state violators of international law. inghouse and outreach activities, and as- sumes that $600,000 will be used for evalua- The conferees believe that providing the TITLE II—POSTAL SERVICE tion of the Drug-Free Communities Act pro- necessary training facilities is critical to a PAYMENT TO THE POSTAL SERVICE FUND gram from within the amounts appropriated. state-of-the-art protective training environ- The funding also provides $1,100,000 for policy ment. To this end, the conferees direct the The conferees agree to provide $93,436,000, research and evaluation, and $1,000,000 for Secret Service to report to the Committees as proposed by the House and the Senate and model state drug law conferences. on Appropriations on the status of the Mas- include a technical change to the bill lan- ter Plan for the James J. Rowley Training guage, as proposed by the House. ONDCP staffing Center, including project priorities, ETHANOL VEHICLES The conferees approve the request to pro- timelines for completion, and its overall pri- The conferees are aware that the U.S. vide four full time equivalent (FTE) posi- ority within the Secret Service and Treasury Postal Service has announced that it will tions in ONDCP, two for the High Intensity law enforcement mission. purchase and deploy ethanol fuel vehicles Drug Trafficking Areas (HIDTA) program GENERAL PROVISIONS—DEPARTMENT OF THE over the next two years. The conferees ex- and two for the Office of Financial Manage- TREASURY pect the U.S. Postal Service to consider fac- ment. However, ONDCP has proven unable to tors that will maximize the efficient place- fully utilize its current authorized FTE level Section 110. The conferees agree to include ment of ethanol vehicles, including accessi- of 124 during the past three years. Therefore, a provision proposed by the House and the bility of ethanol and local support for imple- the conferees do not agree to increase the Senate which requires the Secretary of the mentation of the ethanol program. The con- FTE ceiling, but direct that the new FTEs be Treasury to comply with certain reprogram- ferees direct the U.S. Postal Service to re- taken from the existing FTEs allocated to ming guidelines when obligating or expend- port on the placement of the vehicles on an the Office of Legislative Affairs, the Office of ing funds for law enforcement activities annual basis. Public Affairs, or the Office of the Director. from unobligated balances available on Sep- ONDCP is directed to report to the Commit- tember 30, 2000. HAMMONDVILLE, ALABAMA tees on Appropriations by November 1, 1999, Section 111. The conferees agree to include The conferees are concerned about the on how they have implemented this FTE re- a provision proposed by the House and the postal needs of the residents of allocation. Senate which allows the Department of the Hammondville, Alabama, located in DeKalb Treasury to purchase uniforms, insurance, County. The conferees recommend that the ONDCP management review and motor vehicles without regard to the United States Postal Service study and The conferees agree that $125,000 of general purchase price limitation, and enter evaluate the need for a post office in ONDCP’s funds will be made available, by into contracts with the Department of State Hammondville, Alabama, working with local transfer, to the General Accounting Office for health and medical services for Treasury officials and community leaders. The con- (GAO). GAO is directed to use these funds to employees in overseas locations. ferees further recommend that the United enter into a contract with an independent Section 112. The conferees agree to include States Postal Service report its findings to entity for the purpose of conducting a man- a provision proposed by the House and the the Committees on Appropriations. agement review of ONDCP’s operations. GAO September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8221 shall develop a scope of work that addresses SPECIAL FORFEITURE FUND– $5,245,906,000 as proposed by the House and the management concerns raised by the con- The conferees agree to provide $216,000,000 $5,244,478,000 as proposed by the Senate. ferees and identified in Senate Report 106-87, instead of $225,000,000 as proposed by the CONSTRUCTION AND ACQUISITION perform the administrative duties necessary House and $127,500,000 as proposed by the The conferees agree to provide $74,979,000 to award and monitor the contract, and en- Senate. This includes $185,000,000 for the Na- instead of $8,000,000 as proposed by the House sure that the contractor deliverables are re- tional Youth Anti-Drug Media Campaign, and $76,979,000 as proposed by the Senate. sponsive to the scope of the contract. The $30,000,000 for the Drug-Free Communities The conferees have included funding for the conferees direct GAO to consult with the Act, and $1,000,000 for the National Drug following projects: Committees on Appropriations on the pa- Court Institute. The conferees agree to Maryland: Montgomery rameters of this review. eliminate the House report direction to GAO County, FDA Consolida- Rural drug conferences– to conduct a review of management of the tion ...... $35,000,000 The conferees are concerned about the Drug-Free Community Act. Michigan: Sault Sainte spread of drugs and drug related crimes to National Youth Anti-Drug Media Campaign Marie, Border Station .... 8,263,000 rural areas and whether rural law enforce- The conferees agree to provide a funding Montana: Roosville, Border ment can sufficiently address these new level of $185,000,000 for the National Youth Station– ...... 753,000 trends. Therefore, the conferees encourage Anti-Drug Media Campaign instead of Montana: Sweetgrass, Bor- the Director to consider convening a na- $195,000,000 as proposed by the House and der Station ...... 11,480,000 tional conference on rural drug crime to in- $96,500,000 as proposed by the Senate. Instead Texas: Fort Hancock, Bor- clude regional conferences in rural areas, of the specific requirements listed in Senate der Station ...... 277,000 such as those in South Carolina, Vermont, report language, the conferees direct that Washington: Oroville, Bor- and Missouri, in order to assess the needs of ONDCP comply with the following require- der Station ...... 11,206,000 Nationwide: Non-pro- rural law enforcement and the impact of ments (in addition to those under the Drug- spectus construction drug related crimes. Free Media Campaign Act of 1998): (1) projects ...... 8,000,000 COUNTERDRUG TECHNOLOGY ASSESSMENT ONDCP will require a pro-bono match com- CENTER mitment up-front as part of its media buy The conferees have also agreed to rescind The conferees agree to provide $29,250,000 from each and every seller of ad time and $20,782,000 of the funds provided for construc- instead of $31,100,000 as proposed by the Sen- space; and (2) ONDCP, or any agent acting on tion and acquisition of facilities in Public ate. The House had proposed $29,250,000 in its behalf, may not obligate any funds for Law 104–208 as proposed by the Senate. ONDCP’s Salaries and Expenses Appropria- the creative development of advertisements COURTHOUSE CONSTRUCTION tion. The conferees agree to establish this from for-profit organizations, not including The conferees are aware of the Judiciary’s new, separate appropriation account for the out-of-pocket production costs and talent re- continuing need to have additional court Counterdrug Technology Assessment Center use payments, unless (A) the advertisements space available to conduct its business and (CTAC) as authorized in Public Law 105–277 are intended to reach a minority, ethnic, or move cases to settlement in a timely man- and proposed by the Senate. It consists of other special audience that cannot be ob- ner. The conferees are very concerned that a $16,000,000 for the core research and assess- tained on a pro bono basis within the time courthouse construction program was not in- ment activities of CTAC, as well as frames required by ONDCP’s advertising and cluded in the President’s budget and that $13,250,000 for the counterdrug technology buying agencies, and (B) ONDCP receives funding was not allocated for such a program transfer program. prior approval from the Committees on Ap- in this bill. The conferees commend the Ju- propriations. In addition, ONDCP shall re- FEDERAL DRUG CONTROL PROGRAMS dicial Conference of the United States for port to the Committees by June 15, 2000, on undertaking an independent, comprehensive HIGH INTENSITY DRUG TRAFFICKING AREAS the effectiveness of the National Youth Anti- review of the courthouse construction pro- PROGRAM Drug Media Campaign. gram, which will address issues such as The conferees agree to provide $192,000,000 Corporate sponsorship– courtroom sharing and design guide con- as proposed by the House instead of In keeping with previous requirements to formance. This study should result in rec- $205,277,000 as proposed by the Senate. The develop a corporate sponsorship plan, the ommendations for improvements in the fa- conferees provide that established HIDTAs conferees have added a provision prohibiting cilities program, which will be useful to the will be funded at not less than the fiscal year the obligation of 10% of the funding provided conferees in future years. However, the con- 1999 levels and include $1,800,000 for auditing for the National Youth Anti-Drug Media ferees agree that the current request based of the HIDTA program. The conferees also Campaign until the ONDCP Director submits on the five year plan of the Judiciary is amend the House and Senate proposals to en- a corporate sponsorship plan to the Commit- needed due to long-standing space, security, sure that funding for programs addressing tees on Appropriations. and operational deficiencies, and would have the treatment or prevention of drug use shall considered funding these priority projects if UNANTICIPATED NEEDS– not be less than the funds obligated or ex- an adequate budget allocation were avail- pended for such programs during fiscal year The conferees agree to provide $1,000,000 as able. 1999 for each designated HIDTA without the proposed by the House instead of no appro- REPAIRS AND ALTERATIONS prior approval of the Committees on Appro- priation as proposed by the Senate. priations. The conferees agree to provide $598,674,000 TITLE IV—INDEPENDENT AGENCIES instead of $559,869,000 as proposed by the Measures of HIDTA performance COMMITTEE FOR PURCHASE FROM PEOPLE WHO House and $607,869,000 as proposed by the The conferees know of the strong demand ARE BLIND OR SEVERELY DISABLED Senate. Of the amount provided, $333,000,000 for the creation of new HIDTAs and expan- SALARIES AND EXPENSES is for Basic Repairs and Alterations. The sion of existing ones, and believe that the The conferees agree to provide $2,674,000 as conferees have elected not to include funding provided in this bill will meet cur- proposed by the House instead of $2,657,000 as amounts for specific projects and programs rent requirements. The conferees agree that proposed by the Senate. in the bill; however, the conferees direct the ONDCP and regional HIDTA organizations General Services Administration to provide should be given a chance to manage this pro- FEDERAL ELECTION COMMISSION to the Committees on Appropriations, within gram to meet the standards of performance SALARIES AND EXPENSES 15 days of enactment of this Act, a plan for set forth in ONDCP’s own performance meas- The conferees agree to provide $38,152,000 expenditure of the funds which includes the ures of effectiveness (PMEs) for the HIDTA as proposed by the House instead of specific projects and programs to be accom- program. The ONDCP Director is responsible $38,175,000 as proposed by the Senate. The plished and the amount proposed for each. for applying the standards set forth in the conferees have provided sufficient funds to The conferees have also agreed to include HIDTA authorization when designating new support a total FTE level of 351.5 and agree bill language proposed by the House which HIDTAs, and allocation decisions should be with the House recommendation on staffing directs the General Services Administration consistent with the PMEs as well. In the fis- increases for the Office of General Counsel to undertake the first construction phase of cal year 1999, ONDCP was directed to provide and the Audit Division. the project to renovate the Department of a request for HIDTA funding based on these the Interior Headquarters Building in Wash- FEDERAL LABOR RELATIONS AUTHORITY PMEs. Such justification has yet to be pro- ington, D.C. vided. With the two additional FTE that this SALARIES AND EXPENSES The conferees encourage the General Serv- bill provides to assist the HIDTA office, the The conferees agree to provide $23,828,000 ices Administration to use $1,600,000 of the conferees expect to see tangible assessment as proposed by the House instead of funds available for Basic Repairs and Alter- of the performance of individual HIDTAs and $23,681,000 as proposed by the Senate. ations for repairs and alterations to the Kan- the HIDTA program overall. The conferees GENERAL SERVICES ADMINISTRATION sas City Federal Courthouse at 811 Grand Av- also expect that ONDCP will use this infor- enue, Kansas City, Missouri, and $1,250,000 of FEDERAL BUILDINGS FUND mation to assess the optimal allocation of the funds available for Basic Repairs and Al- HIDTA funding and all future requests for LIMITATIONS ON AVAILABILITY OF REVENUE ternation for repairs and alterations to the HIDTA funding will be supported by PME The conferees agree to provide $5,342,416,000 Federal Courthouse at 40 Center Street, New data. in new obligational authority instead of York, New York. H8222 CONGRESSIONAL RECORD — HOUSE September 14, 1999

RENTAL OF SPACE ment that GSA is required to maintain is able to GSA shall be credited with certain The conferees agree to provide $2,782,186,000 comprised of Federal Supply Schedules that funds received from government corpora- as proposed by the House instead of have been established for the purchase of tions.– $2,722,982,500 as proposed by the Senate. goods by Federal agencies. When the pro- Section 402. The conferees agree to include gram was originally established, it consisted a provision proposed by the House and the BUILDING OPERATIONS of 10 Federal Supply Schedules. However, in Senate which provides that funds available The conferees agree to provide $1,580,909,000 December of last year and February of this to GSA shall be available for the hire of pas- instead of $1,590,183,000 as proposed by the year, the program was greatly expanded to senger motor vehicles.– House and $1,530,979,500 as proposed by the include over 90 schedules which would permit Section 403. The conferees agree to include Senate. The conferees have agreed to provide the purchase of goods which appear to be a provision proposed by the House and the language in the bill which provides that completely unrelated to counter-drug activi- Senate which authorizes GSA to transfer $1,974,000 of the funds provided for building ties, such as lawn and garden equipment and funds within the Federal Buildings Fund to meet program requirements subject to ap- operations shall be available for acquisition, musical instruments. The conferees believe proval by the Committees on Appropria- lease, construction and equipping of that the expansion of this program goes far flexiplace telecommuting centers as pro- tions.– beyond what was intended in the authorizing Section 404. The conferees agree to include posed by the House. The Senate had proposed legislation and is counter to the intent on to fund this item under the construction and a provision proposed by the House and the Congress when it repealed the cooperative Senate which prohibits the use of funds to acquisition of facilities activity. Of the funds purchasing provisions of the Federal Acquisi- provided for flexiplace telecommuting cen- submit a fiscal year 2001 budget request for tion Streamlining Act. As a result of the courthouse construction projects that do not ters, $150,000 is for the center in Winchester, concerns expressed by the members of Con- meet design guide criteria, do not reflect the Virginia, and $200,000 is for the center in gress about the program, on April 29, 1999, priorities of the Judicial Conference of the Woodbridge, Virginia. GSA wrote a letter to the Assistant Sec- United States, and are not accompanied by a The conferees have also agreed to provide retary of the Army for Acquisition, Logis- standardized courtroom utilization study.– $475,000 for the Plains States De-population tics, and Technology requesting that the Section 405. The conferees agree to include symposium as proposed by the Senate. Army, as Executive Agent of the program, a provision proposed by the House and the COMBINED LAW ENFORCEMENT CENTER, ST. inform the participating State Points of Senate which provides that no funds may be PETERSBURG, FLORIDA Contact that GSA would be returning the used to increase the amount of occupiable The conferees are aware of the need for a program to the original 10 Federal Supply square feet or provide cleaning services, se- combined federal, state, and local law en- Schedules. The conferees approve of this ac- curity enhancements, or any other service forcement center in St. Petersburg, Florida, tion and expect the General Services Admin- usually provided to any agency which does and are further aware that the City of St. istration and the Department of Defense to not pay the requested rental rates.– Petersburg is willing to donate to the federal consult with the appropriate committees of Section 406. The conferees agree to include a provision proposed by the House and the government the land for such a facility. Ac- the Congress before implementing any fur- Senate which provides that funds provided cordingly, the conferees direct the General ther expansions of this program. by the Information Technology Fund for Services Administration to utilize $500,000 to PER DIEM RATES pilot information technology projects may undertake a study and conceptual design of a The conferees are concerned that the be repaid to the Fund.– combined federal, state, and local law en- methodology used by the GSA to develop the Section 407. The conferees agree to include forcement facility in St. Petersburg, Florida, new per diem rates for the continental a provision proposed by the House and the and report to the Committees on Appropria- United States that became effective on Jan- Senate which permits GSA to pay claims of tions by February 1, 2000, on the results of uary 1, 1999, has resulted in the unjustified up to $250,000 arising from construction that study. lowering of per diem rates throughout the projects and the acquisition of buildings.– POLICY AND OPERATIONS country. The conferees are aware that GSA Section 408. The conferees agree to include The conferees agree to provide $116,223,000 is currently reviewing the rates issued in a provision proposed by the House and the instead of $110,448,000 as proposed by the January to determine if modifications are Senate which provides that funds made House and $120,198,000 as proposed by the warranted. The conferees urge GSA to con- available for new construction projects in Public Law 104–208 shall remain available Senate. The amount provided includes tinue its review and direct GSA to imple- until expended so long as funds for design or $2,500,000 for the Rapid Service Valuation ment any changes in the rates necessary to other funds have been obligated in whole or and Preparation Access Program, and assure that they more accurately reflect the cost of travel by federal workers. In addi- in part prior to September 30, 1999.– $1,000,000 for the program to validate the ac- Section 409. The conferees agree to include cess performance of information technology. tion, the conferees direct GSA to modify its procedures for determining per diem rates to a provision proposed by the Senate desig- DIGITAL LEARNING TECHNOLOGIES assure that next year’s survey accurately re- nating the Federal Building located at 220 The conferees have also agreed to provide flects the cost of federal travel. East Rosser Avenue in Bismarck, North Da- $2,000,000 to continue the pilot projects for kota, as the ‘‘William L. Guy Federal Build- FEDERAL OFFICE BUILDING IN COLORADO the development, demonstration, and re- ing, Post Office and United States Court- SPRINGS, COLORADO– search of emerging digital learning tech- house’’. The House bill contained no similar nologies. Of the amount provided, $1,000,000 The Federal Building located at 1520 Wil- provision.– is to continue the development of a digital lamette Avenue in Colorado Springs, Colo- Section 410. The conferees agree to modify medical education project in connection rado, is owned by GSA and is currently a provision proposed by the Senate which di- rects the General Services Administration with the Native American Digital Tele- leased to the U.S. Air Force Space Com- (GSA) to sell to the Columbia Hospital for Health Project, and $1,000,000 is to continue mand. It is the conferees’ understanding that Women vacant property at its GSA-appraised the development of hardware and software Space Command is moving ahead with op- market value provided that until the federal capabilities, network infrastructures, and tions to vacate the facility. In the event that government has received all payments to- other activities that will be the basis for the Space Command does not renew its lease and wards the $14,000,000 purchase price, plus any 21st Century Distributed Learning Environ- the facility becomes vacant and is deemed accrued interest, Columbia’s use of the prop- ment in Education. surplus, the conferees urge GSA to strongly consider the U.S. Olympic Committee’s erty shall be limited to its hospital, medical VIRTUAL ARCHIVE STORAGE TERMINAL (USOC) need for additional space and to give and health care services and related uses The conferees have agreed to provide priority to the USOC’s request to gain title (such as employee parking and employee $275,000 to study the feasibility of developing or acquire the property. child care), including but not limited to the a prototype facility for storing land-based expansion of its existing facilities, unless OLD POST OFFICE BUILDING, WASHINGTON, D.C.– geographic and geophysical information to otherwise approved by the Administrator of enable the efficient use of natural resources. The conferees have agreed to continue lan- GSA. – guage for an additional fiscal year which Section 411. The conferees agree to include SECTION 1122 PROGRAM provides that none of the funds appropriated a new provision authorizing the Adminis- Section 1122 of the Defense Department in this Act may be used to convert the Old trator of General Services to offer voluntary Authorization Act for fiscal year 1994 estab- Post Office located at 1100 Pennsylvania Ave. separation incentives in order to provide the lished a program under which states and in Washington, D.C. necessary flexibility to carry out the closing units of local government may purchase OFFICE OF INSPECTOR GENERAL– of the Federal Supply Service distribution ‘‘law enforcement equipment suitable for The conferees agree to provide $33,317,000 centers, forward supply points, and associ- counter-drug activities’’ through the Depart- as proposed by the House instead of ated programs.– ment of Defense. The Act directed the Gen- $33,858,000 as proposed by the Senate. The conferees agree to delete a provision eral Services Administration (GSA), in co- proposed by the Senate reducing the funds operation with the Secretary of Defense, to GENERAL SERVICES ADMINISTRATION— available for rental of space and building op- produce and maintain a catalog of law en- GENERAL PROVISIONS– erations. The House bill contained no similar forcement equipment suitable for counter- Section 401. The conferees agree to include provision.– drug activities that could be purchased a provision proposed by the House and the The conferees agree to delete a provision under the program. The catalog of equip- Senate which provides that accounts avail- proposed by the Senate which provides that September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8223 funds made available to any department or and $3,800,000 as proposed by the Senate. The TITLE V—GENERAL PROVISIONS agency which is a member of the Joint Fi- conferees have taken this action because of THIS ACT nancial Management Improvement Program the commitment made last year to provide Section 501. The conferees agree to con- (JFMIP) may be used to finance an appro- funding for this project. However, as the con- tinue the provision limiting the expenditure priate share of JFMIP salaries and adminis- ferees on the fiscal year 1999 Treasury and of funds to the current year unless expressly trative costs. This matter has been addressed General Government Appropriations Act provided in this Act.– in Title VI.– pointed out, a single grant of this size is far Section 502. The conferees agree to con- The conferees agree to delete a provision beyond the scope of activities normally un- tinue the provision limiting the expenditure proposed by the Senate which provides that dertaken by the National Historical Publica- of funds for consulting services under certain the Administrator of General Services may tions and Records Commission. Therefore, conditions. provide from government-wide credit card the conferees agree that this grant should Section 503. The conferees agree to con- rebates in support of the JFMIP as approved not be viewed as a precedent for future tinue the provision prohibiting the use of by the Chief Financial Officers Council. This grants under this program. In addition, the funds to engage in activities which would matter has been addressed in Title VI. conferees direct the National Archives and prohibit the enforcement of section 307 of the Records Administration to submit to the MERIT SYSTEMS PROTECTION BOARD 1930 Tariff Act. Committees on Appropriations a plan for ex- SALARIES AND EXPENSES Section 504. The conferees agree to con- penditure of the funds prior to the award of tinue the provision prohibiting the transfer The conferees agree to provide $27,586,000 the grant to the Center for Jewish History. as proposed by the House instead of of control over the Federal Law Enforcement $27,422,000 as proposed by the Senate. OFFICE OF GOVERNMENT ETHICS Training Center out of the Department of the Treasury. FEDERAL PAYMENT TO THE MORRIS K. UDALL SALARIES AND EXPENSES– Section 505. The conferees agree to con- SCHOLARSHIP AND EXCELLENCE IN NATIONAL The conferees agree to provide $9,114,000 as tinue the provision concerning employment ENVIRONMENTAL POLICY FOUNDATION– proposed by the House instead of $9,071,000 as proposed by the Senate. rights of Federal employees who return to The conferees agree to provide $2,000,000 in- their civilian jobs after assignment with the stead of $1,000,000 as proposed by the House OFFICE OF PERSONNEL MANAGEMENT Armed Forces. and no appropriation as proposed by the Sen- SALARIES AND EXPENSES– Section 506. The conferees agree to con- ate. The conferees agree to provide $90,584,000 tinue the provision which requires compli- ENVIRONMENTAL DISPUTE RESOLUTION FUND– as proposed by the House instead of ance with the Buy American Act as proposed The conferees agree to provide $1,250,000 as $91,584,000 as proposed by the Senate. by the Senate, instead of similar language proposed by the House instead of no appro- CHILD CARE IN FEDERAL FACILITIES proposed by the House. priation as proposed by the Senate. Section 507. The conferees agree to con- The conferees have included and modified a tinue the provision concerning prohibition of NATIONAL ARCHIVES AND RECORDS House provision (Section 643) authorizing the ADMINISTRATION contracts which use certain goods not made use of funds for child care in federal facili- in America. OPERATING EXPENSES– ties. Specifically, the conferees agree to Section 508. The conferees agree to con- The conferees agree to provide $180,398,000 make the provision effective for one year tinue the provision prohibiting contract eli- as proposed by the House instead of only, require that agencies using funds for gibility where fraudulent intent has been $179,738,000 as proposed by the Senate. the purposes of Section 643 notify the Com- proven in affixing ‘‘Made in America’’ labels. VETERANS’ RECORDS– mittees on Appropriations prior to the obli- Section 509. The conferees agree to con- gation of any funds, and make the provision The conferees are pleased with the progress tinue the provision prohibiting the expendi- effective only upon promulgation of regula- the National Archives and Records Adminis- ture of funds for abortions under the Federal tions by the Office of Personnel Management tration is making in its efforts to improve Employees Health Benefits Program (OPM). Additionally, the conferees agree its ability to respond to requests for vet- (FEHBP). that these regulations shall only address the erans’ records. The conferees are aware that Section 510. The conferees agree to con- use of appropriated funds to provide child the Archivist has testified that no additional tinue the provision which would authorize care services and improve the affordability resources are needed in fiscal year 2000 above the expenditure of funds for abortions under of child care for lower income federal em- the amount included in the budget request the FEHBP if the life of the mother is in ployees. for this program. Therefore, the conferees danger or the pregnancy is a result of an act The conferees direct OPM to report to the have provided $1,790,000 for this effort, the of rape or incest. Committees on the implementation and use same as the budget request. However, the Section 511. The conferees agree to con- of Section 634 by federal agencies. At min- conferees urge the Archives to expedite the tinue the provision providing that fifty per- imum, the report shall include the total cost completion of this very important program cent of unobligated balances may remain of implmenting Section 643, the total num- to the greatest extent possible. available for certain purposes. ber of children being cared for, and the total Section 512. The conferees agree to con- REPAIRS AND RESTORATION– number of federal employee dependent chil- tinue the provision restricting the use of The conferees agree to provide $22,418,000 dren being cared for by agencies using this funds for the White House to request official instead of $13,518,000 as proposed by the authority. This report shall be submitted no background reports without the written con- House and $21,518,000 as proposed by the Sen- later than September 1, 2000. sent of the individual who is the subject of ate. The amount provided includes $900,000 OFFICE OF SPECIAL COUNSEL the report as proposed by the House, instead for design and the preparation of an environ- SALARIES AND EXPENSES – of similar language proposed by the Senate. mental impact statement for a National Ar- The conferees agree to provide $9,740,000 as Section 513. The conferees agree to con- chives facility in Anchorage, Alaska. The tinue the provision providing that fifty per- conferees also have agreed to provide proposed by the House instead of $9,689,000 as proposed by the Senate. cent of unobligated balances of the White $8,000,000 for the repair, alteration, and im- House Salaries and Expenses account in fis- provement of the Ronald Reagan Presi- CASELOADS– cal year 1997 shall remain available through dential Library and Museum in Simi Valley, The conferees are concerned about the September 30, 2000, as proposed by the House. California, as proposed by the Senate. The number of backlogged cases at the Office of Section 514. The conferees agree to con- conferees direct the National Archives and Special Counsel (OSC). The conferees direct tinue the provision that cost accounting Records Administration to submit to the OSC to report back within 90 days after en- standards under the Federal Procurement Committees on Appropriations a plan for ex- actment of this Act, on the number of cases Policy Act shall not apply to the FEHBP, as penditure prior to the obligation of these pending that have exceeded the statutory proposed by the House. funds. time requirements, including requirements Section 515. The conferees agree to direct NATIONAL HISTORICAL PUBLICATIONS AND for referral. The report should include the the Director of the Office of Management RECORDS COMMISSION length of time overdue, the reason for the and Budget to prepare and submit to Con- GRANTS PROGRAM– delay, and the type of notification given to gress six months after the date of enactment The conferees agree to provide $6,250,000 as claimants when statutory time frames are an inventory of federal grant programs as proposed by the Senate instead of $6,000,000 not met. The data provided in the report proposed by the Senate. as proposed by the House. The amount pro- should be presented in a manner that pro- TITLE VI—GENERAL PROVISIONS tects confidentiality of cases and does not vided includes $250,000 for a grant for re- DEPARTMENTS, AGENCIES, AND CORPORATIONS search and the cataloging of records at the identify individuals represented by the OSC. Section 601. The conferees agree to con- Fort Buford Historic Site in North Dakota. UNITED STATES TAX COURT tinue the provision authorizing agencies to GRANT TO CENTER FOR JEWISH HISTORY– SALARIES AND EXPENSES– pay costs of travel to the United States for The conferees have agreed to rescind The conferees agree to provide $35,179,000 the immediate families of federal employees $2,000,000 of the funds provided in fiscal year instead of $36,489,000 as proposed by the assigned to foreign duty in the event of a 1999 for the Center for Jewish History in- House and $34,179,000 as proposed by the Sen- death or a life threatening illness of the em- stead of $4,000,000 as proposed by the House ate. ployee. H8224 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Section 602. The conferees agree to con- of the salary of any employee who prohibits, Federal Election Commission (FEC) to re- tinue the provision requiring agencies to ad- threatens or prevents another employee from quire certain committees to file FEC reports minister a policy designed to ensure that all communicating with Congress. electronically as proposed by the House. of its workplaces are free from the illegal Section 623. The conferees agree to make Section 640. The conferees agree to include use of controlled substances. permanent the provision to promote protec- and modify a new provision authorizing the Section 603. The conferees agree to con- tion of federal law enforcement officers who FEC to establish an administrative fine tinue the provision regarding price limita- intervene in certain situations. schedule, subject to reasonable appeals pro- tions on vehicles to be purchased by the fed- Section 624. The conferees agree to con- cedures, for straightforward disclosure viola- eral government. tinue the provision requiring the President tions as proposed by the House. Section 604. The conferees agree to con- to certify that persons responsible for ad- Section 641. The conferees agree to include tinue the provision allowing funds made ministering the Drug Free Workplace Pro- and modify a new provision authorizing can- available to agencies for travel to also be gram are not themselves the subject of ran- didate committees to report to the FEC on used for quarters allowances and cost-of-liv- dom drug testing. an election cycle basis rather than a cal- ing allowances. Section 625. The conferees agree to con- endar year cycle, as is now required, as pro- Section 605. The conferees agree to con- tinue the provision prohibiting federal train- posed by the House. tinue the provision prohibiting the Govern- ing not directly related to the performance Section 642. The conferees agree to include ment, with certain specified exceptions, from of official duties. and modify a new provision amending Sec- employing non-U.S. citizens whose posts of Section 626. The conferees agree to con- tion 636 of the fiscal year 1997 Treasury, duty would be in the continental U.S. tinue the provision prohibiting the expendi- Postal Service and General Government Ap- Section 606. The conferees agree to con- ture of funds for implementation of agree- propriations Act to require agencies to reim- tinue the provision ensuring that agencies ments in nondisclosure policies unless cer- burse qualified employees up to one-half of will have authority to pay GSA bills for tain provisions are included. the cost of their professional liability insur- space renovation and other services. Section 627. The conferees agree to con- ance as proposed by the House. Section 607. The conferees agree to con- tinue the provision prohibiting propaganda, Section 643. The conferees agree to include tinue the provision allowing agencies to fi- publicity and lobbying by executive agency and modify a new provision authorizing nance the costs of recycling and waste pre- personnel in support or defeat of legislative agencies to provide child care in federal fa- vention programs with proceeds from the initiatives. cilities as proposed by the House. sale of materials recovered through such pro- Section 628. The conferees agree to con- Section 644. The conferees agree to include grams. tinue the provision directing OMB to provide a new provision adjusting compensation of Section 608. The conferees agree to con- an accounting statement and report on the the President, effective at noon on January tinue the provision providing that funds may cumulative costs and benefits of federal reg- 20, 2001, to $400,000 as proposed by the House. be used to pay rent in the District of Colum- ulatory programs. Section 645. The conferees agree to include bia and other services. Section 629. The conferees agree to con- a new provision which transfers personnel of Section 609. The conferees agree to con- tinue the provision prohibiting any federal the General Accounting Office employed to tinue the provision providing that no funds agency from disclosing an employee’s home carry out functions of the Joint Financial may be used to pay any person filling a nom- address to any labor organization, absent Management Improvement Program to the inated position that has been rejected by the employee authorization or court order as General Services Administration as proposed Senate. proposed by the House, instead of similar by the House. Section 610. The conferees agree to con- language proposed by the Senate. Section 646. The conferees agree to include tinue the provision precluding the financing Section 630. The conferees agree to con- and modify a new provision regarding federal of groups by more than one federal agency tinue the provision authorizing the Sec- employee pay as proposed by the House. The absent prior and specific statutory approval. retary of the Treasury to establish scientific conferees anticipate that the President will Section 611. The conferees agree to con- canine explosive detection standards. issue an Executive Order allocating the 4.8 Section 631. The conferees agree to con- tinue the provision authorizing the Postal percent pay increase between an increase in tinue the provision prohibiting funds to be Service to employ guards and give them the rates of basic pay for the statutory pay sys- used to provide non-public information such same special police powers as GSA guards. tems under section 5303 of title 5, United Section 612. The conferees agree to con- as mailing or telephone lists to any person States Code, and increases in comparability- tinue the provision prohibiting the use of or organization outside the government based locality payments for General Sched- funds for enforcing regulations disapproved without the approval of the Committees on ule employees under section 5304. The con- in accordance with the applicable law of the Appropriations. ferees have not made the language more spe- U.S. Section 632. The conferees agree to con- cific so that the President may exercise his Section 613. The conferees agree to con- tinue the provision prohibiting the use of discretion to distribute any amount allo- tinue the provision limiting the pay in- funds for propaganda and publicity purposes cated for comparability-based locality pay- creases of certain prevailing rate employees. not authorized by Congress. Section 614. The conferees agree to con- Section 633. The conferees agree to con- ments in the most appropriate fashion tinue the provision limiting the amount of tinue the provision directing agency employ- among the pay localities established by the funds that can be used for redecoration of of- ees to use official time in an honest effort to President’s Pay Agent. Section 647. The conferees agree to include fices under certain circumstances. perform official duties. Section 615. The conferees agree to con- Section 634. The conferees agree to con- and modify a new provision authorizing tinue the provision prohibiting the expendi- tinue and make permanent the provision al- breastfeeding at any location in a federal ture of funds for the acquisition of additional lowing a federal firearms licensee to perform building or on federal property as proposed law enforcement training facilities. a background check before a firearm is of- by the House. Section 616. The conferees agree to con- fered as collateral for a loan as proposed by Section 648. The conferees agree to include tinue the provision to allow for interagency the House. a new provision requiring identification of funding of national security and emergency Section 635. The conferees agree to con- the federal agencies providing federal funds telecommunications initiatives. tinue the provision addressing contraceptive and the amount provided for all proposals, Section 617. The conferees agree to con- coverage in health plans participating in the solicitations, grant applications, forms, noti- tinue the provision requiring agencies to cer- FEHBP as proposed by the Senate. fications, press releases, or other publica- tify that a Schedule C appointment was not Section 636. The conferees agree to include tions related to the distribution of funding created solely or primarily to detail the em- a new provision authorizing the use of fiscal to a State as proposed by the Senate. ployee to the White House. year 2000 funds to finance an appropriate Section 649. The conferees agree to include Section 618. The conferees agree to con- share of the Joint Financial Management and modify a new provision expressing the tinue the provision requiring agencies to ad- Improvement Program as proposed by the sense of Congress that the U.S. Postal Serv- minister a policy designed to ensure that all House. ice is encouraged to issue a commemorative of its workplaces are free from discrimina- Section 637. The conferees agree to include postage stamp in honor of the 100th anniver- tion and sexual harassment. a new provision authorizing agencies to sary of the founding of the Veterans of For- Section 619. The conferees agree to con- transfer funds to the Policy and Operations eign Wars of the United States as proposed tinue the provision prohibiting the use of account of GSA to finance an appropriate by the Senate. funds for travel expenses not directly related share of the Joint Financial Management Section 650. The conferees agree to include to official governmental duties. Improvement Program as proposed by the a new provision requiring the Secretary of Section 620. The conferees agree to con- House. Treasury to establish an interactive website tinue the provision prohibiting the purchase Section 638. The conferees agree to include on the Internet allowing any taxpayer to of new technology not Year 2000 compliant. and modify a new provision establishing a generate an itemized receipt showing the al- Section 621. The conferees agree to con- Chief Financial Officer in the Executive Of- location of their taxes among major federal tinue the provision prohibiting the importa- fice of the President as proposed by the spending categories as proposed by the Sen- tion of any goods manufactured by forced or House, making the provision effective with ate. indentured child labor. the next Administration. Section 651. The conferees agree to a new Section 622. The conferees agree to con- Section 639. The conferees agree to include provision authorizing voluntary early retire- tinue the provision prohibiting the payment and modify a new provision authorizing the ment for federal employees. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8225 Section 652. The conferees include a new BIPARTISAN CAMPAIGN FINANCE Sec. 502. Use of contributed amounts for cer- provision addressing rates of postage for the REFORM ACT OF 1999 tain purposes. American Battle Monuments Commission. Sec. 503. Limit on congressional use of the Section 653. The conferees agree to a new The SPEAKER pro tempore. Pursu- franking privilege. provision establishing the National Intellec- ant to House Resolution 283 and rule Sec. 504. Prohibition of fundraising on Fed- tual Property Law Enforcement Coordina- XVIII, the Chair declares the House in eral property. tion Council. the Committee of the Whole House on Sec. 505. Penalties for violations. Section 654. The conferees agree to a new the State of the Union for the further Sec. 506. Strengthening foreign money ban. provision regarding the payment of manda- consideration of the bill, H.R. 417. Sec. 507. Prohibition of contributions by mi- tory benefits to retired members of the Na- nors. tional Oceanic and Atmospheric Administra- b 1548 Sec. 508. Expedited procedures. Sec. 509. Initiation of enforcement pro- tion. IN THE COMMITTEE OF THE WHOLE The conferees agree to delete a new provi- ceeding. sion providing that no funds may be used by Accordingly, the House resolved Sec. 510. Protecting equal participation of Customs to admit for importation children’s itself into the Committee of the Whole eligible voters in campaigns sleepwear that does not have a label required House on the State of the Union for the and elections. by the flammability standards in effect on further consideration of the bill (H.R. Sec. 511. Penalty for violation of prohibition September 9, 1996 as proposed by the House.– 417) to amend the Federal Election against foreign contributions. The conferees agree to delete a provision Campaign Act of 1971 to reform the fi- Sec. 512. Expedited court review of certain proposed by the House adjusting the salary nancing of campaigns for elections for alleged violations of Federal level of the U.S. Customs Service Commis- Federal office, and for other purposes, Election Campaign Act of 1971. sioner. Sec. 513. Conspiracy to violate presidential The conferees agree to delete a provision with Mr. HOBSON in the chair. campaign spending limits. proposed by the Senate requiring an evalua- The Clerk read the title of the bill. Sec. 514. Deposit of certain contributions tion of the outcome of welfare reform and The CHAIRMAN. When the Com- and donations in Treasury ac- formula for bonuses to high performance mittee of the Whole House rose earlier count. States as proposed by the Senate. today, time for general debate had ex- Sec. 515. Establishment of a clearinghouse of The conferees agree to delete a provision pired. information on political activi- regarding the Border Patrol Academy in Pursuant to the rule, the bill is con- ties within the Federal Election Charleston, South Carolina as proposed by sidered as read for amendment under Commission. the House. the 5-minute rule. Sec. 516. Enforcement of spending limit on TITLE VII—CHILD CARE CENTERS IN The text of H.R. 417 is as follows: presidential and vice presi- FEDERAL FACILITIES dential candidates who receive H.R. 417 The conferees agree to delete Title VII. public financing. The total new budget (obligational) au- Be it enacted by the Senate and House of TITLE VI—INDEPENDENT COMMISSION thority for the fiscal year 2000 recommended Representatives of the United States of America ON CAMPAIGN FINANCE REFORM in Congress assembled, by the Committee of Conference, with com- Sec. 601. Establishment and purpose of Com- parisons to the fiscal year 1999 amount, the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. mission. 2000 budget estimates, and the House and (a) SHORT TITLE.—This Act may be cited as Sec. 602. Membership of Commission. Senate bills for 2000 follow: the ‘‘Bipartisan Campaign Finance Reform Sec. 603. Powers of Commission. Act of 1999’’. [In thousands of dollars] Sec. 604. Administrative provisions. (b) TABLE OF CONTENTS.—The table of con- Sec. 605. Report and recommended legisla- New budget (obligational) tents of this Act is as follows: tion. authority, fiscal year Sec. 1. Short title; table of contents. 1999 ...... 27,922,712 Sec. 606. Expedited congressional consider- Budget estimates of new TITLE I—REDUCTION OF SPECIAL ation of legislation. (obligational) authority, INTEREST INFLUENCE Sec. 607. Termination. fiscal year 2000 ...... 27,997,054 Sec. 101. Soft money of political parties. Sec. 608. Authorization of appropriations. House bill, fiscal year 2000 27,800,105 Sec. 102. Increased contribution limits for TITLE VII—PROHIBITING USE OF WHITE Senate bill, fiscal year 2000 27,754,597 State committees of political HOUSE MEALS AND ACCOMMODATIONS Conference agreement, fis- parties and aggregate contribu- FOR POLITICAL FUNDRAISING cal year 2000 ...... 27,972,418 tion limit for individuals. Sec. 701. Prohibiting use of White House Sec. 103. Reporting requirements. Conference agreement meals and accommodations for compared with: TITLE II—INDEPENDENT AND political fundraising. New budget COORDINATED EXPENDITURES TITLE VIII—SENSE OF THE CONGRESS (obligational) author- Sec. 201. Definitions. ity, fiscal year 1999 ...... +49,706 REGARDING FUNDRAISING ON FED- Sec. 202. Express advocacy determined with- ERAL GOVERNMENT PROPERTY Budget estimates of new out regard to background (obligational) author- music. Sec. 801. Sense of the Congress regarding ap- ity, fiscal year 2000 ...... ¥24,636 Sec. 203. Civil penalty. plicability of controlling legal House bill, fiscal year Sec. 204. Reporting requirements for certain authority to fundraising on 2000 ...... +172,313 independent expenditures. Federal government property. Senate bill, fiscal year Sec. 205. Independent versus coordinated ex- TITLE IX—PROHIBITING SOLICITATION 2000 ...... +217,821 penditures by party. TO OBTAIN ACCESS TO CERTAIN FED- JIM KOLBE, Sec. 206. Coordination with candidates. ERAL GOVERNMENT PROPERTY FRANK R. WOLF, TITLE III—DISCLOSURE Sec. 901. Prohibition against acceptance or ANN M. NORTHUP, Sec. 301. Filing of reports using computers solicitation to obtain access to JO ANN EMERSON, and facsimile machines. certain Federal government JOHN E. SUNUNU, Sec. 302. Prohibition of deposit of contribu- property. JOHN E. PETERSON, tions with incomplete contrib- TITLE X—REIMBURSEMENT FOR USE OF ROY BLUNT, utor information. AIR FORCE ONE FOR POLITICAL FUND- BILL YOUNG, Sec. 303. Audits. RAISING STENY HOYER, Sec. 304. Reporting requirements for con- Sec. 1001. Requiring national parties to re- CARRIE P. MEEK, tributions of $50 or more. imburse at cost for use of Air DAVID E. PRICE, Sec. 305. Use of candidates’ names. Force One for political fund- LUCILLE ROYBAL-ALLARD, Sec. 306. Prohibition of false representation raising. DAVE OBEY, to solicit contributions. Managers on the Part of the House. Sec. 307. Soft money of persons other than TITLE XI—PROHIBITING USE OF political parties. WALKING AROUND MONEY BEN NIGHTHORSE Sec. 308. Campaign advertising. Sec. 1101. Prohibiting campaigns from pro- CAMPBELL, TITLE IV—PERSONAL WEALTH OPTION viding currency to individuals RICHARD SHELBY, for purposes of encouraging JON KYL, Sec. 401. Voluntary personal funds expendi- turnout on date of election. TED STEVENS, ture limit. Sec. 402. Political party committee coordi- BYRON L. DORGAN, TITLE XII—ENHANCING ENFORCEMENT nated expenditures. BARBARA A. MIKULSKI, OF CAMPAIGN LAW ROBERT C. BYRD, TITLE V—MISCELLANEOUS Sec. 1201. Enhancing enforcement of cam- Managers on the Part of the Senate. Sec. 501. Codification of Beck decision. paign finance law. H8226 CONGRESSIONAL RECORD — HOUSE September 14, 1999 TITLE XIII—BAN ON COORDINATED SOFT ‘‘(iii) a communication that refers to a ‘‘(B) solicit, receive, direct, transfer, or MONEY ACTIVITIES BY PRESIDENTIAL clearly identified candidate for Federal of- spend funds in connection with any election CANDIDATES fice (regardless of whether a candidate for other than an election for Federal office or Sec. 1301. Ban on coordination of soft money State or local office is also mentioned or disburse funds in connection with such an for issue advocacy by presi- identified) and is made for the purpose of in- election unless the funds— dential candidates receiving fluencing a Federal election (regardless of ‘‘(i) are not in excess of the amounts per- public financing. whether the communication is express advo- mitted with respect to contributions to can- TITLE XIV—POSTING NAMES OF CER- cacy). didates and political committees under para- TAIN AIR FORCE ONE PASSENGERS ON ‘‘(B) EXCLUDED ACTIVITY.—The term ‘Fed- graphs (1) and (2) of section 315(a); and INTERNET eral election activity’ does not include an ‘‘(ii) are not from sources prohibited by amount expended or disbursed by a State, this Act from making contributions with re- Sec. 1401. Requirement that names of pas- district, or local committee of a political spect to an election for Federal office. sengers on Air Force One and party for— ‘‘(2) STATE LAW.—Paragraph (1) does not Air Force Two be made avail- ‘‘(i) campaign activity conducted solely on apply to the solicitation, receipt, or spending able through the Internet. behalf of a clearly identified candidate for of funds by an individual who is a candidate TITLE XV—EXPULSION PROCEEDINGS State or local office, provided the campaign for a State or local office in connection with FOR HOUSE MEMBERS RECEIVING FOR- activity is not a Federal election activity de- such election for State or local office if the EIGN CONTRIBUTIONS scribed in subparagraph (A); solicitation, receipt, or spending of funds is Sec. 1501. Permitting consideration of privi- ‘‘(ii) a contribution to a candidate for permitted under State law for any activity leged motion to expel House State or local office, provided the contribu- other than a Federal election activity. member accepting illegal for- tion is not designated or used to pay for a ‘‘(3) FUNDRAISING EVENTS.—Notwith- eign contribution. Federal election activity described in sub- standing paragraph (1), a candidate may at- TITLE XVI—SEVERABILITY; CONSTITU- paragraph (A); tend, speak, or be a featured guest at a fund- TIONALITY; EFFECTIVE DATE; REGU- ‘‘(iii) the costs of a State, district, or local raising event for a State, district, or local LATIONS political convention; committee of a political party.’’. Sec. 1601. Severability. ‘‘(iv) the costs of grassroots campaign ma- SEC. 102. INCREASED CONTRIBUTION LIMITS FOR Sec. 1602. Review of constitutional issues. terials, including buttons, bumper stickers, STATE COMMITTEES OF POLITICAL Sec. 1603. Effective date. and yard signs, that name or depict only a PARTIES AND AGGREGATE CON- Sec. 1604. Regulations. candidate for State or local office; TRIBUTION LIMIT FOR INDIVIDUALS. TITLE I—REDUCTION OF SPECIAL ‘‘(v) the non-Federal share of a State, dis- (a) CONTRIBUTION LIMIT FOR STATE COMMIT- INTEREST INFLUENCE trict, or local party committee’s administra- TEES OF POLITICAL PARTIES.—Section 315(a)(1) of the Federal Election Campaign SEC. 101. SOFT MONEY OF POLITICAL PARTIES. tive and overhead expenses (but not includ- Act of 1971 (2 U.S.C. 441a(a)(1)) is amended— Title III of the Federal Election Campaign ing the compensation in any month of an in- (1) in subparagraph (B), by striking ‘‘or’’ at Act of 1971 (2 U.S.C. 431 et seq.) is amended dividual who spends more than 20 percent of by adding at the end the following new sec- the individual’s time on Federal election ac- the end; tion: tivity) as determined by a regulation pro- (2) in subparagraph (C)— (A) by inserting ‘‘(other than a committee ‘‘SOFT MONEY OF POLITICAL PARTIES mulgated by the Commission to determine the non-Federal share of a State, district, or described in subparagraph (D))’’ after ‘‘com- ‘‘SEC. 323. (a) NATIONAL COMMITTEES.— mittee’’; and ‘‘(1) IN GENERAL.—A national committee of local party committee’s administrative and overhead expenses; and (B) by striking the period at the end and a political party (including a national con- inserting ‘‘; or’’; and gressional campaign committee of a political ‘‘(vi) the cost of constructing or pur- chasing an office facility or equipment for a (3) by adding at the end the following: party) and any officers or agents of such ‘‘(D) to a political committee established party committees, shall not solicit, receive, State, district or local committee. ‘‘(c) FUNDRAISING COSTS.—An amount spent and maintained by a State committee of a or direct to another person a contribution, by a national, State, district, or local com- political party in any calendar year that, in donation, or transfer of funds, or spend any mittee of a political party, by an entity that the aggregate, exceed $10,000’’. funds, that are not subject to the limita- is established, financed, maintained, or con- (b) AGGREGATE CONTRIBUTION LIMIT FOR IN- tions, prohibitions, and reporting require- trolled by a national, State, district, or local DIVIDUAL.—Section 315(a)(3) of the Federal ments of this Act. committee of a political party, or by an Election Campaign Act of 1971 (2 U.S.C. ‘‘(2) APPLICABILITY.—This subsection shall agent or officer of any such committee or en- 441a(a)(3)) is amended by striking ‘‘$25,000’’ apply to an entity that is directly or indi- tity, to raise funds that are used, in whole or and inserting ‘‘$30,000’’. rectly established, financed, maintained, or in part, to pay the costs of a Federal election SEC. 103. REPORTING REQUIREMENTS. controlled by a national committee of a po- activity shall be made from funds subject to (a) REPORTING REQUIREMENTS.—Section 304 litical party (including a national congres- the limitations, prohibitions, and reporting of the Federal Election Campaign Act of 1971 sional campaign committee of a political requirements of this Act. (2 U.S.C. 434) (as amended by section 204) is party), or an entity acting on behalf of a na- ‘‘(d) TAX-EXEMPT ORGANIZATIONS.—A na- amended by inserting after subsection (d) the tional committee, and an officer or agent tional, State, district, or local committee of following: acting on behalf of any such committee or a political party (including a national con- ‘‘(e) POLITICAL COMMITTEES.— entity. gressional campaign committee of a political ‘‘(1) NATIONAL AND CONGRESSIONAL POLIT- ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- party), an entity that is directly or indi- ICAL COMMITTEES.—The national committee TEES.— rectly established, financed, maintained, or of a political party, any national congres- ‘‘(1) IN GENERAL.—An amount that is ex- controlled by any such national, State, dis- sional campaign committee of a political pended or disbursed by a State, district, or trict, or local committee or its agent, and an party, and any subordinate committee of ei- local committee of a political party (includ- officer or agent acting on behalf of any such ther, shall report all receipts and disburse- ing an entity that is directly or indirectly party committee or entity, shall not solicit ments during the reporting period. established, financed, maintained, or con- any funds for, or make or direct any dona- ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH trolled by a State, district, or local com- tions to, an organization that is described in SECTION 323 APPLIES.—In addition to any mittee of a political party and an officer or section 501(c) of the Internal Revenue Code other reporting requirements applicable agent acting on behalf of such committee or of 1986 and exempt from taxation under sec- under this Act, a political committee (not entity) for Federal election activity shall be tion 501(a) of such Code (or has submitted an described in paragraph (1)) to which section made from funds subject to the limitations, application to the Commissioner of the In- 323(b)(1) applies shall report all receipts and prohibitions, and reporting requirements of ternal Revenue Service for determination of disbursements made for activities described this Act. tax-exemption under such section). in paragraphs (2)(A) and (2)(B)(v) of section ‘‘(2) FEDERAL ELECTION ACTIVITY.— ‘‘(e) CANDIDATES.— 323(b). ‘‘(A) IN GENERAL.—The term ‘Federal elec- ‘‘(1) IN GENERAL.—A candidate, individual ‘‘(3) ITEMIZATION.—If a political committee tion activity’ means— holding Federal office, agent of a candidate has receipts or disbursements to which this ‘‘(i) voter registration activity during the or individual holding Federal office, or an subsection applies from any person aggre- period that begins on the date that is 120 entity directly or indirectly established, fi- gating in excess of $200 for any calendar days before the date a regularly scheduled nanced, maintained or controlled by or act- year, the political committee shall sepa- Federal election is held and ends on the date ing on behalf of one or more candidates or rately itemize its reporting for such person of the election; individuals holding Federal office, shall in the same manner as required in para- ‘‘(ii) voter identification, get-out-the-vote not— graphs (3)(A), (5), and (6) of subsection (b). activity, or generic campaign activity con- ‘‘(A) solicit, receive, direct, transfer, or ‘‘(4) REPORTING PERIODS.—Reports required ducted in connection with an election in spend funds in connection with an election to be filed under this subsection shall be which a candidate for Federal office appears for Federal office, including funds for any filed for the same time periods required for on the ballot (regardless of whether a can- Federal election activity, unless the funds political committees under subsection (a).’’. didate for State or local office also appears are subject to the limitations, prohibitions, (b) BUILDING FUND EXCEPTION TO THE DEFI- on the ballot); and and reporting requirements of this Act; or NITION OF CONTRIBUTION.—Section 301(8)(B) of September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8227 the Federal Election Campaign Act of 1971 (2 ‘‘(iii) does not contain a phrase such as penditures within 24 hours after that amount U.S.C. 431(8)(B)) is amended— ‘vote for’, ‘re-elect’, ‘support’, ‘cast your bal- of independent expenditures has been made. (1) by striking clause (viii); and lot for’, ‘(name of candidate) for Congress’, ‘‘(B) ADDITIONAL REPORTS.—After a person (2) by redesignating clauses (ix) through ‘(name of candidate) in (year)’, ‘vote files a report under subparagraph (A), the (xiv) as clauses (viii) through (xiii), respec- against’, ‘defeat’, or ‘reject’, or a campaign person shall file an additional report within tively. slogan or words that in context can have no 24 hours after each time the person makes or TITLE II—INDEPENDENT AND reasonable meaning other than to urge the contracts to make independent expenditures COORDINATED EXPENDITURES election or defeat of one or more clearly aggregating an additional $1,000 with respect SEC. 201. DEFINITIONS. identified candidates.’’. to the same election as that to which the ini- (a) DEFINITION OF INDEPENDENT EXPENDI- (c) DEFINITION OF EXPENDITURE.—Section tial report relates. TURE.—Section 301 of the Federal Election 301(9)(A) of the Federal Election Campaign ‘‘(2) EXPENDITURES AGGREGATING $10,000.— Campaign Act (2 U.S.C. 431) is amended by Act of 1971 (2 U.S.C. 431(9)(A)) is amended— ‘‘(A) INITIAL REPORT.—A person (including striking paragraph (17) and inserting the fol- (1) in clause (i), by striking ‘‘and’’ at the a political committee) that makes or con- lowing: end; tracts to make independent expenditures ag- ‘‘(17) INDEPENDENT EXPENDITURE.— (2) in clause (ii), by striking the period at gregating $10,000 or more at any time up to ‘‘(A) IN GENERAL.—The term ‘independent the end and inserting ‘‘; and’’; and and including the 20th day before the date of expenditure’ means an expenditure by a (3) by adding at the end the following: an election shall file a report describing the person— ‘‘(iii) a payment made by a political com- expenditures within 48 hours after that ‘‘(i) for a communication that is express mittee for a communication that— amount of independent expenditures has advocacy; and ‘‘(I) refers to a clearly identified candidate; been made. ‘‘(ii) that is not coordinated activity or is and ‘‘(B) ADDITIONAL REPORTS.—After a person not provided in coordination with a can- ‘‘(II) is for the purpose of influencing a files a report under subparagraph (A), the didate or a candidate’s agent or a person who Federal election (regardless of whether the person shall file an additional report within is coordinating with a candidate or a can- communication is express advocacy).’’. 48 hours after each time the person makes or didate’s agent.’’. SEC. 202. EXPRESS ADVOCACY DETERMINED contracts to make independent expenditures (b) DEFINITION OF EXPRESS ADVOCACY.— WITHOUT REGARD TO BACKGROUND aggregating an additional $10,000 with re- Section 301 of the Federal Election Cam- MUSIC. spect to the same election as that to which paign Act of 1971 (2 U.S.C. 431) is amended by Section 301(20) of the Federal Election the initial report relates. adding at the end the following: Campaign Act of 1971 (2 U.S.C. 431(20)), as ‘‘(3) PLACE OF FILING; CONTENTS.—A report ‘‘(20) EXPRESS ADVOCACY.— added by section 201(b), is amended by adding under this subsection— ‘‘(A) IN GENERAL.—The term ‘express advo- at the end the following new subparagraph: ‘‘(A) shall be filed with the Commission; cacy’ means a communication that advo- ‘‘(C) BACKGROUND MUSIC.—In determining and cates the election or defeat of a candidate whether any communication by television or ‘‘(B) shall contain the information required by— radio broadcast constitutes express advocacy by subsection (b)(6)(B)(iii), including the ‘‘(i) containing a phrase such as ‘vote for’, for purposes of this Act, there shall not be name of each candidate whom an expendi- ‘re-elect’, ‘support’, ‘cast your ballot for’, taken into account any background music ture is intended to support or oppose.’’. ‘(name of candidate) for Congress’, ‘(name of not including lyrics used in such broad- SEC. 205. INDEPENDENT VERSUS COORDINATED candidate) in 1997’, ‘vote against’, ‘defeat’, cast.’’. EXPENDITURES BY PARTY. ‘reject’, or a campaign slogan or words that SEC. 203. CIVIL PENALTY. Section 315(d) of the Federal Election Cam- in context can have no reasonable meaning Section 309 of the Federal Election Cam- paign Act (2 U.S.C. 441a(d)) is amended— other than to advocate the election or defeat paign Act of 1971 (2 U.S.C. 437g) is amended— (1) in paragraph (1), by striking ‘‘and (3)’’ of one or more clearly identified candidates; (1) in subsection (a)— and inserting ‘‘, (3), and (4)’’; and ‘‘(ii) referring to one or more clearly iden- (A) in paragraph (4)(A)— (2) by adding at the end the following: tified candidates in a paid advertisement (i) in clause (i), by striking ‘‘clause (ii)’’ ‘‘(4) INDEPENDENT VERSUS COORDINATED EX- that is transmitted through radio or tele- and inserting ‘‘clauses (ii) and (iii)’’; and PENDITURES BY PARTY.— vision within 60 calendar days preceding the (ii) by adding at the end the following: ‘‘(A) IN GENERAL.—On or after the date on date of an election of the candidate and that ‘‘(iii) If the Commission determines by an which a political party nominates a can- appears in the State in which the election is affirmative vote of 4 of its members that didate, a committee of the political party occurring, except that with respect to a can- there is probable cause to believe that a per- shall not make both expenditures under this didate for the office of Vice President or son has made a knowing and willful violation subsection and independent expenditures (as President, the time period is within 60 cal- of section 304(c), the Commission shall not defined in section 301(17)) with respect to the endar days preceding the date of a general enter into a conciliation agreement under candidate during the election cycle. election; or this paragraph and may institute a civil ac- ‘‘(B) CERTIFICATION.—Before making a co- ‘‘(iii) expressing unmistakable and unam- tion for relief under paragraph (6)(A).’’; and ordinated expenditure under this subsection biguous support for or opposition to one or (B) in paragraph (6)(B), by inserting ‘‘(ex- with respect to a candidate, a committee of more clearly identified candidates when cept an action instituted in connection with a political party shall file with the Commis- taken as a whole and with limited reference a knowing and willful violation of section sion a certification, signed by the treasurer to external events, such as proximity to an 304(c))’’ after ‘‘subparagraph (A)’’; and of the committee, that the committee has election. (2) in subsection (d)(1)— not and shall not make any independent ex- ‘‘(B) VOTING RECORD AND VOTING GUIDE EX- (A) in subparagraph (A), by striking ‘‘Any penditure with respect to the candidate dur- CEPTION.—The term ‘express advocacy’ does person’’ and inserting ‘‘Except as provided in ing the same election cycle. not include a communication which is in subparagraph (D), any person’’; and ‘‘(C) APPLICATION.—For the purposes of printed form or posted on the Internet that— (B) by adding at the end the following: this paragraph, all political committees es- ‘‘(i) presents information solely about the ‘‘(D) In the case of a knowing and willful tablished and maintained by a national po- voting record or position on a campaign violation of section 304(c) that involves the litical party (including all congressional issue of one or more candidates (including reporting of an independent expenditure, the campaign committees) and all political com- any statement by the sponsor of the voting violation shall not be subject to this sub- mittees established and maintained by a record or voting guide of its agreement or section.’’. State political party (including any subordi- disagreement with the record or position of a SEC. 204. REPORTING REQUIREMENTS FOR CER- nate committee of a State committee) shall candidate), so long as the voting record or TAIN INDEPENDENT EXPENDITURES. be considered to be a single political com- voting guide when taken as a whole does not Section 304 of the Federal Election Cam- mittee. express unmistakable and unambiguous sup- paign Act of 1971 (2 U.S.C. 434) is amended— ‘‘(D) TRANSFERS.—A committee of a polit- port for or opposition to one or more clearly (1) in subsection (c)(2), by striking the un- ical party that submits a certification under identified candidates; designated matter after subparagraph (C); subparagraph (B) with respect to a candidate ‘‘(ii) is not coordinated activity or is not (2) by redesignating paragraph (3) of sub- shall not, during an election cycle, transfer made in coordination with a candidate, po- section (c) as subsection (f); and any funds to, assign authority to make co- litical party, or agent of the candidate or (3) by inserting after subsection (c)(2) (as ordinated expenditures under this subsection party, or a candidate’s agent or a person who amended by paragraph (1)) the following: to, or receive a transfer of funds from, a is coordinating with a candidate or a can- ‘‘(d) TIME FOR REPORTING CERTAIN EXPEND- committee of the political party that has didate’s agent, except that nothing in this ITURES.— made or intends to make an independent ex- clause may be construed to prevent the spon- ‘‘(1) EXPENDITURES AGGREGATING $1,000.— penditure with respect to the candidate.’’. sor of the voting guide from directing ques- ‘‘(A) INITIAL REPORT.—A person (including SEC. 206. COORDINATION WITH CANDIDATES. tions in writing to a candidate about the a political committee) that makes or con- (a) DEFINITION OF COORDINATION WITH CAN- candidate’s position on issues for purposes of tracts to make independent expenditures ag- DIDATES.— preparing a voter guide or to prevent the gregating $1,000 or more after the 20th day, (1) SECTION 301(8).—Section 301(8) of the Fed- candidate from responding in writing to such but more than 24 hours, before the date of an eral Election Campaign Act of 1971 (2 U.S.C. questions; and election shall file a report describing the ex- 431(8)) is amended— H8228 CONGRESSIONAL RECORD — HOUSE September 14, 1999 (A) in subparagraph (A)— ‘‘(viii) A payment made by a person who sion accessible to the public on the Internet (i) by striking ‘‘or’’ at the end of clause (i); has communicated with the candidate or an not later than 24 hours after the designation, (ii) by striking the period at the end of agent of the candidate (including a commu- statement, report, or notification is received clause (ii) and inserting ‘‘; or’’; and nication through a political committee of by the Commission. (iii) by adding at the end the following: the candidate’s political party) after the dec- ‘‘(C) In promulgating a regulation under ‘‘(iii) coordinated activity (as defined in laration of candidacy (including a pollster, this paragraph, the Commission shall pro- subparagraph (C)).’’; and media consultant, vendor, advisor, or staff vide methods (other than requiring a signa- (B) by adding at the end the following: member acting on behalf of the candidate), ture on the document being filed) for ‘‘(C) ‘Coordinated activity’ means anything about advertising message, allocation of re- verifying designations, statements, and re- of value provided by a person in coordination sources, fundraising, or other campaign mat- ports covered by the regulation. Any docu- with a candidate, an agent of the candidate, ters related to the candidate’s campaign, in- ment verified under any of the methods shall or the political party of the candidate or its cluding campaign operations, staffing, tac- be treated for all purposes (including pen- agent for the purpose of influencing a Fed- tics, or strategy. alties for perjury) in the same manner as a eral election (regardless of whether the value ‘‘(ix) The provision of in-kind professional document verified by signature.’’. being provided is a communication that is services or polling data (including services SEC. 302. PROHIBITION OF DEPOSIT OF CON- express advocacy) in which such candidate or data provided through a political com- TRIBUTIONS WITH INCOMPLETE seeks nomination or election to Federal of- mittee of the candidate’s political party) to CONTRIBUTOR INFORMATION. fice, and includes any of the following: the candidate or candidate’s agent. Section 302 of Federal Election Campaign ‘‘(i) A payment made by a person in co- ‘‘(x) A payment made by a person who has Act of 1971 (2 U.S.C. 432) is amended by add- operation, consultation, or concert with, at engaged in a coordinated activity with a can- ing at the end the following: ‘‘(j) DEPOSIT OF CONTRIBUTIONS.—The treas- the request or suggestion of, or pursuant to didate described in clauses (i) through (ix) urer of a candidate’s authorized committee any general or particular understanding with for a communication that clearly refers to shall not deposit, except in an escrow ac- a candidate, the candidate’s authorized com- the candidate or the candidate’s opponent count, or otherwise negotiate a contribution mittee, the political party of the candidate, and is for the purpose of influencing that from a person who makes an aggregate or an agent acting on behalf of a candidate, candidates’s election (regardless of whether amount of contributions in excess of $200 authorized committee, or the political party the communication is express advocacy). during a calendar year unless the treasurer of the candidate. ‘‘(D) For purposes of subparagraph (C), the verifies that the information required by ‘‘(ii) A payment made by a person for the term ‘professional services’ means polling, this section with respect to the contributor production, dissemination, distribution, or media advice, fundraising, campaign re- is complete.’’. republication, in whole or in part, of any search or direct mail (except for mailhouse broadcast or any written, graphic, or other services solely for the distribution of voter SEC. 303. AUDITS. form of campaign material prepared by a guides as defined in section 431(20)(B)) serv- (a) RANDOM AUDITS.—Section 311(b) of the candidate, a candidate’s authorized com- ices in support of a candidate’s pursuit of Federal Election Campaign Act of 1971 (2 mittee, or an agent of a candidate or author- nomination for election, or election, to Fed- U.S.C. 438(b)) is amended— ized committee (not including a communica- eral office. (1) by inserting ‘‘(1) IN GENERAL.—’’ before tion described in paragraph (9)(B)(i) or a ‘‘(E) For purposes of subparagraph (C), all ‘‘The Commission’’; communication that expressly advocates the political committees established and main- (2) by moving the text 2 ems to the right; candidate’s defeat). tained by a national political party (includ- and ‘‘(iii) A payment made by a person based ing all congressional campaign committees) (3) by adding at the end the following: on information about a candidate’s plans, and all political committees established and ‘‘(2) RANDOM AUDITS.— projects, or needs provided to the person maintained by a State political party (in- ‘‘(A) IN GENERAL.—Notwithstanding para- making the payment by the candidate or the cluding any subordinate committee of a graph (1), the Commission may conduct ran- candidate’s agent who provides the informa- State committee) shall be considered to be a dom audits and investigations to ensure vol- tion with the intent that the payment be single political committee.’’. untary compliance with this Act. The selec- made. tion of any candidate for a random audit or ECTION 315(a)(7).—Section 315(a)(7) (2 ‘‘(iv) A payment made by a person if, in the (2) S U.S.C. 441a(a)(7)) is amended by striking sub- investigation shall be based on criteria same election cycle in which the payment is adopted by a vote of at least four members of made, the person making the payment is paragraph (B) and inserting the following: ‘‘(B) a coordinated activity, as described in the Commission. serving or has served as a member, em- ‘‘(B) LIMITATION.—The Commission shall ployee, fundraiser, or agent of the can- section 301(8)(C), shall be considered to be a contribution to the candidate, and in the not conduct an audit or investigation of a didate’s authorized committee in an execu- candidate’s authorized committee under sub- tive or policymaking position. case of a limitation on expenditures, shall be treated as an expenditure by the candidate. paragraph (A) until the candidate is no ‘‘(v) A payment made by a person if the longer a candidate for the office sought by (b) MEANING OF CONTRIBUTION OR EXPENDI- person making the payment has served in the candidate in an election cycle. any formal policy making or advisory posi- TURE FOR THE PURPOSES OF SECTION 316.— Section 316(b)(2) of the Federal Election ‘‘(C) APPLICABILITY.—This paragraph does tion with the candidate’s campaign or has not apply to an authorized committee of a participated in formal strategic or formal Campaign Act of 1971 (2 U.S.C. 441b(b)) is amended by striking ‘‘shall include’’ and in- candidate for President or Vice President policymaking discussions (other than any subject to audit under section 9007 or 9038 of discussion treated as a lobbying contact serting ‘‘includes a contribution or expendi- ture, as those terms are defined in section the Internal Revenue Code of 1986.’’. under the Lobbying Disclosure Act of 1995 in (b) EXTENSION OF PERIOD DURING WHICH 301, and also includes’’. the case of a candidate holding Federal office CAMPAIGN AUDITS MAY BE BEGUN.—Section or as a similar lobbying activity in the case TITLE III—DISCLOSURE 311(b) of the Federal Election Campaign Act of a candidate holding State or other elec- SEC. 301. FILING OF REPORTS USING COM- of 1971 (2 U.S.C. 438(b)) is amended by strik- tive office) with the candidate’s campaign PUTERS AND FACSIMILE MACHINES. ing ‘‘6 months’’ and inserting ‘‘12 months’’. relating to the candidate’s pursuit of nomi- Section 304(a) of the Federal Election Cam- SEC. 304. REPORTING REQUIREMENTS FOR CON- nation for election, or election, to Federal paign Act of 1971 (2 U.S.C. 434(a)) is amended TRIBUTIONS OF $50 OR MORE. office, in the same election cycle as the elec- by striking paragraph (11) and inserting the Section 304(b)(3)(A) of the Federal Election tion cycle in which the payment is made. following: Campaign Act at 1971 (2 U.S.C. 434(b)(3)(A) is ‘‘(vi) A payment made by a person if, in the ‘‘(11)(A) The Commission shall promulgate amended— same election cycle, the person making the a regulation under which a person required (1) by striking ‘‘$200’’ and inserting ‘‘$50’’; payment retains the professional services of to file a designation, statement, or report and any person that has provided or is providing under this Act— (2) by striking the semicolon and inserting campaign-related services in the same elec- ‘‘(i) is required to maintain and file a des- ‘‘, except that in the case of a person who tion cycle to a candidate (including services ignation, statement, or report for any cal- makes contributions aggregating at least $50 provided through a political committee of endar year in electronic form accessible by but not more than $200 during the calendar the candidate’s political party) in connec- computers if the person has, or has reason to year, the identification need include only tion with the candidate’s pursuit of nomina- expect to have, aggregate contributions or the name and address of the person;’’. tion for election, or election, to Federal of- expenditures in excess of a threshold amount SEC. 305. USE OF CANDIDATES’ NAMES. fice, including services relating to the can- determined by the Commission; and Section 302(e) of the Federal Election Cam- didate’s decision to seek Federal office, and ‘‘(ii) may maintain and file a designation, paign Act of 1971 (2 U.S.C. 432(e)) is amended the person retained is retained to work on statement, or report in electronic form or an by striking paragraph (4) and inserting the activities relating to that candidate’s cam- alternative form, including the use of a fac- following: paign. simile machine, if not required to do so ‘‘(4)(A) The name of each authorized com- ‘‘(vii) A payment made by a person who under the regulation promulgated under mittee shall include the name of the can- has directly participated in fundraising ac- clause (i). didate who authorized the committee under tivities with the candidate or in the solicita- ‘‘(B) The Commission shall make a des- paragraph (1). tion or receipt of contributions on behalf of ignation, statement, report, or notification ‘‘(B) A political committee that is not an the candidate. that is filed electronically with the Commis- authorized committee shall not— September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8229 ‘‘(i) include the name of any candidate in (1) in subsection (a)— the date on which the candidate files with its name; or (A) in the matter preceding paragraph (1)— the appropriate State officer as a candidate ‘‘(ii) except in the case of a national, State, (i) by striking ‘‘Whenever’’ and inserting for the primary election. or local party committee, use the name of ‘‘Whenever a political committee makes a ‘‘(2) GENERAL ELECTION.— any candidate in any activity on behalf of disbursement for the purpose of financing ‘‘(A) DECLARATION.—A candidate for elec- the committee in such a context as to sug- any communication through any broad- tion for Senator or Representative in or Del- gest that the committee is an authorized casting station, newspaper, magazine, out- egate or Resident Commissioner to the Con- committee of the candidate or that the use door advertising facility, mailing, or any gress is an eligible general election Congres- of the candidate’s name has been authorized other type of general public political adver- sional candidate if the candidate files with by the candidate.’’. tising, or whenever’’; the Commission— SEC. 306. PROHIBITION OF FALSE REPRESENTA- (ii) by striking ‘‘an expenditure’’ and in- ‘‘(i) a declaration under penalty of perjury, TION TO SOLICIT CONTRIBUTIONS. serting ‘‘a disbursement’’; and with supporting documentation as required Section 322 of the Federal Election Cam- (iii) by striking ‘‘direct’’; and by the Commission, that the candidate and paign Act of 1971 (2 U.S.C. 441h) is amended— (B) in paragraph (3), by inserting ‘‘and per- the candidate’s authorized committees did (1) by inserting after ‘‘SEC. 322.’’ the fol- manent street address’’ after ‘‘name’’; and not exceed the personal funds expenditure lowing: ‘‘(a) IN GENERAL.—’’; and (2) by adding at the end the following: limit in connection with the primary elec- (2) by adding at the end the following: ‘‘(c) Any printed communication described tion; and ‘‘(b) SOLICITATION OF CONTRIBUTIONS.—No in subsection (a) shall— ‘‘(ii) a declaration that the candidate and person shall solicit contributions by falsely ‘‘(1) be of sufficient type size to be clearly the candidate’s authorized committees will representing himself or herself as a can- readable by the recipient of the communica- not make expenditures in excess of the per- didate or as a representative of a candidate, tion; sonal funds expenditure limit. a political committee, or a political party.’’. ‘‘(2) be contained in a printed box set apart ‘‘(B) TIME TO FILE.—The declaration under SEC. 307. SOFT MONEY OF PERSONS OTHER THAN from the other contents of the communica- subparagraph (A) shall be filed not later than POLITICAL PARTIES. tion; and 7 days after the earlier of— (a) IN GENERAL.—Section 304 of the Federal ‘‘(3) be printed with a reasonable degree of ‘‘(i) the date on which the candidate quali- Election Campaign Act of 1971 (2 U.S.C. 434) color contrast between the background and fies for the general election ballot under (as amended by section 103(c) and section 204) the printed statement. State law; or is amended by adding at the end the fol- ‘‘(d)(1) Any communication described in ‘‘(ii) if under State law, a primary or run- lowing: paragraphs (1) or (2) of subsection (a) which off election to qualify for the general elec- ‘‘(g) DISBURSEMENTS OF PERSONS OTHER is transmitted through radio or television tion ballot occurs after September 1, the THAN POLITICAL PARTIES.— shall include, in addition to the require- date on which the candidate wins the pri- ‘‘(1) IN GENERAL.—A person, other than a ments of that paragraph, an audio statement mary or runoff election. political committee of a political party or a by the candidate that identifies the can- ‘‘(b) PERSONAL FUNDS EXPENDITURE person described in section 501(d) of the In- didate and states that the candidate has ap- LIMIT.— ternal Revenue Code of 1986, that makes an proved the communication. ‘‘(1) IN GENERAL.—The aggregate amount of aggregate amount of disbursements in excess ‘‘(2) If a communication described in para- expenditures that may be made in connec- of $50,000 during a calendar year for activi- graph (1) is transmitted through television, tion with an election by an eligible Congres- ties described in paragraph (2) shall file a the communication shall include, in addition sional candidate or the candidate’s author- statement with the Commission— to the audio statement under paragraph (1), ized committees from the sources described ‘‘(A) on a monthly basis as described in a written statement that— in paragraph (2) shall not exceed $50,000. subsection (a)(4)(B); or ‘‘(A) appears at the end of the communica- ‘‘(2) SOURCES.—A source is described in this ‘‘(B) in the case of disbursements that are tion in a clearly readable manner with a rea- paragraph if the source is— made within 20 days of an election, within 24 sonable degree of color contrast between the ‘‘(A) personal funds of the candidate and hours after the disbursements are made. background and the printed statement, for a members of the candidate’s immediate fam- ‘‘(2) ACTIVITY.—The activity described in period of at least 4 seconds; and ily; or this paragraph is— ‘‘(B) is accompanied by a clearly identifi- ‘‘(B) proceeds of indebtedness incurred by ‘‘(A) Federal election activity; able photographic or similar image of the the candidate or a member of the candidate’s ‘‘(B) an activity described in section candidate. immediate family. 316(b)(2)(A) that expresses support for or op- ‘‘(e) Any communication described in para- ‘‘(c) CERTIFICATION BY THE COMMISSION.— position to a candidate for Federal office or graph (3) of subsection (a) which is trans- ‘‘(1) IN GENERAL.—The Commission shall a political party; and mitted through radio or television shall in- determine whether a candidate has met the ‘‘(C) an activity described in subparagraph clude, in addition to the requirements of requirements of this section and, based on (B) or (C) of section 316(b)(2). that paragraph, in a clearly spoken manner, the determination, issue a certification stat- llllllll ‘‘(3) APPLICABILITY.—This subsection does the following statement: ‘ is ing whether the candidate is an eligible Con- not apply to— responsible for the content of this advertise- gressional candidate. ‘‘(A) a candidate or a candidate’s author- ment.’ (with the blank to be filled in with ‘‘(2) TIME FOR CERTIFICATION.—Not later ized committees; or the name of the political committee or other than 7 business days after a candidate files a ‘‘(B) an independent expenditure. person paying for the communication and declaration under paragraph (1) or (2) of sub- the name of any connected organization of ‘‘(4) CONTENTS.—A statement under this section (a), the Commission shall certify section shall contain such information about the payor). If transmitted through tele- whether the candidate is an eligible Congres- vision, the statement shall also appear in a the disbursements made during the reporting sional candidate. clearly readable manner with a reasonable period as the Commission shall prescribe, ‘‘(3) REVOCATION.—The Commission shall degree of color contrast between the back- including— revoke a certification under paragraph (1), ground and the printed statement, for a pe- ‘‘(A) the aggregate amount of disburse- based on information submitted in such form riod of at least 4 seconds.’’. ments made; and manner as the Commission may require ‘‘(B) the name and address of the person or TITLE IV—PERSONAL WEALTH OPTION or on information that comes to the Com- entity to whom a disbursement is made in an SEC. 401. VOLUNTARY PERSONAL FUNDS EX- mission by other means, if the Commission aggregate amount in excess of $200; PENDITURE LIMIT. determines that a candidate violates the per- ‘‘(C) the date made, amount, and purpose Title III of the Federal Election Campaign sonal funds expenditure limit. Act of 1971 (2 U.S.C. 431 et seq.), as amended of the disbursement; and ‘‘(4) DETERMINATIONS BY COMMISSION.—A ‘‘(D) if applicable, whether the disburse- by section 101, is further amended by adding determination made by the Commission ment was in support of, or in opposition to, at the end the following new section: under this subsection shall be final, except a candidate or a political party, and the ‘‘VOLUNTARY PERSONAL FUNDS EXPENDITURE to the extent that the determination is sub- name of the candidate or the political LIMIT ject to examination and audit by the Com- party.’’. ‘‘SEC. 324. (a) ELIGIBLE CONGRESSIONAL mission and to judicial review. (b) DEFINITION OF GENERIC CAMPAIGN AC- CANDIDATE.— ‘‘(d) PENALTY.—If the Commission revokes TIVITY.—Section 301 of the Federal Election ‘‘(1) PRIMARY ELECTION.— the certification of an eligible Congressional Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as ‘‘(A) DECLARATION.—A candidate for elec- candidate— amended by section 201(b)) is further amend- tion for Senator or Representative in or Del- ‘‘(1) the Commission shall notify the can- ed by adding at the end the following: egate or Resident Commissioner to the Con- didate of the revocation; and ‘‘(21) GENERIC CAMPAIGN ACTIVITY.—The gress is an eligible primary election Congres- ‘‘(2) the candidate and a candidate’s au- term ‘generic campaign activity’ means an sional candidate if the candidate files with thorized committees shall pay to the Com- activity that promotes a political party and the Commission a declaration that the can- mission an amount equal to the amount of does not promote a candidate or non-Federal didate and the candidate’s authorized com- expenditures made by a national committee candidate.’’. mittees will not make expenditures in excess of a political party or a State committee of SEC. 308. CAMPAIGN ADVERTISING. of the personal funds expenditure limit. a political party in connection with the gen- Section 318 of the Federal Election Cam- ‘‘(B) TIME TO FILE.—The declaration under eral election campaign of the candidate paign Act of 1971 (2 U.S.C. 441d) is amended— subparagraph (A) shall be filed not later than under section 315(d).’’. H8230 CONGRESSIONAL RECORD — HOUSE September 14, 1999 SEC. 402. POLITICAL PARTY COMMITTEE COORDI- ‘‘(2) for ordinary and necessary expenses (1) in paragraphs (5)(A), (6)(A), and (6)(B), NATED EXPENDITURES. incurred in connection with duties of the in- by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; Section 315(d) of the Federal Election Cam- dividual as a holder of Federal office; and paign Act of 1971 (2 U.S.C. 441a(d)) (as amend- ‘‘(3) for contributions to an organization (2) in paragraphs (5)(B) and (6)(C), by strik- ed by section 204) is amended by adding at described in section 170(c) of the Internal ing ‘‘$10,000 or an amount equal to 200 per- the end the following: Revenue Code of 1986; or cent’’ and inserting ‘‘$20,000 or an amount ‘‘(5) This subsection does not apply to ex- ‘‘(4) for transfers to a national, State, or equal to 300 percent’’. penditures made in connection with the gen- local committee of a political party. (b) EQUITABLE REMEDIES.—Section eral election campaign of a candidate for ‘‘(b) PROHIBITED USE.— 309(a)(5)(A) of the Federal Election Campaign Senator or Representative in or Delegate or ‘‘(1) IN GENERAL.—A contribution or Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by Resident Commissioner to the Congress who amount described in subsection (a) shall not striking the period at the end and inserting is not an eligible Congressional candidate (as be converted by any person to personal use. ‘‘, and may include equitable remedies or defined in section 324(a)).’’. ‘‘(2) CONVERSION.—For the purposes of penalties, including disgorgement of funds to TITLE V—MISCELLANEOUS paragraph (1), a contribution or amount the Treasury or community service require- SEC. 501. CODIFICATION OF BECK DECISION. shall be considered to be converted to per- ments (including requirements to participate Section 8 of the National Labor Relations sonal use if the contribution or amount is in public education programs).’’. Act (29 U.S.C. 158) is amended by adding at used to fulfill any commitment, obligation, (c) AUTOMATIC PENALTY FOR LATE FILING.— the end the following new subsection: or expense of a person that would exist irre- Section 309(a) of the Federal Election Cam- ‘‘(h) NONUNION MEMBER PAYMENTS TO spective of the candidate’s election cam- paign Act of 1971 (2 U.S.C. 437g(a)) is LABOR ORGANIZATION.— paign or individual’s duties as a holder of amended— ‘‘(1) IN GENERAL.—It shall be an unfair Federal officeholder, including— (1) by adding at the end the following: ‘‘(13) PENALTY FOR LATE FILING.— labor practice for any labor organization ‘‘(A) a home mortgage, rent, or utility pay- ‘‘(A) IN GENERAL.— which receives a payment from an employee ment; ‘‘(i) MONETARY PENALTIES.—The Commis- pursuant to an agreement that requires em- ‘‘(B) a clothing purchase; ployees who are not members of the organi- sion shall establish a schedule of mandatory ‘‘(C) a noncampaign-related automobile ex- zation to make payments to such organiza- monetary penalties that shall be imposed by pense; tion in lieu of organization dues or fees not the Commission for failure to meet a time ‘‘(D) a country club membership; to establish and implement the objection requirement for filing under section 304. ‘‘(E) a vacation or other noncampaign-re- procedure described in paragraph (2). ‘‘(ii) REQUIRED FILING.—In addition to im- lated trip; ‘‘(2) OBJECTION PROCEDURE.—The objection posing a penalty, the Commission may re- ‘‘(F) a household food item; procedure required under paragraph (1) shall quire a report that has not been filed within ‘‘(G) a tuition payment; meet the following requirements: the time requirements of section 304 to be ‘‘(H) admission to a sporting event, con- ‘‘(A) The labor organization shall annually filed by a specific date. cert, theater, or other form of entertainment provide to employees who are covered by ‘‘(iii) PROCEDURE.—A penalty or filing re- not associated with an election campaign; such agreement but are not members of the quirement imposed under this paragraph and organization— shall not be subject to paragraph (1), (2), (3), ‘‘(I) dues, fees, and other payments to a ‘‘(i) reasonable personal notice of the ob- (4), (5), or (12). health club or recreational facility.’’. jection procedure, a list of the employees eli- ‘‘(B) FILING AN EXCEPTION.— SEC. 503. LIMIT ON CONGRESSIONAL USE OF THE gible to invoke the procedure, and the time, ‘‘(i) TIME TO FILE.—A political committee FRANKING PRIVILEGE. place, and manner for filing an objection; shall have 30 days after the imposition of a Section 3210(a)(6) of title 39, United States and penalty or filing requirement by the Com- Code, is amended by striking subparagraph ‘‘(ii) reasonable opportunity to file an ob- mission under this paragraph in which to file (A) and inserting the following: jection to paying for organization expendi- an exception with the Commission. ‘‘(A) A Member of Congress shall not mail tures supporting political activities unre- ‘‘(ii) TIME FOR COMMISSION TO RULE.—With- any mass mailing as franked mail during the lated to collective bargaining, including but in 30 days after receiving an exception, the 180-day period which ends on the date of the not limited to the opportunity to file such Commission shall make a determination general election for the office held by the objection by mail. that is a final agency action subject to ex- Member or during the 90-day period which ‘‘(B) If an employee who is not a member of clusive review by the United States Court of ends on the date of any primary election for the labor organization files an objection Appeals for the District of Columbia Circuit that office, unless the Member has made a under the procedure in subparagraph (A), under section 706 of title 5, United States public announcement that the Member will such organization shall— Code, upon petition filed in that court by the not be a candidate for reelection during that ‘‘(i) reduce the payments in lieu of organi- political committee or treasurer that is the year or for election to any other Federal of- zation dues or fees by such employee by an subject of the agency action, if the petition fice.’’. amount which reasonably reflects the ratio is filed within 30 days after the date of the that the organization’s expenditures sup- SEC. 504. PROHIBITION OF FUNDRAISING ON Commission action for which review is porting political activities unrelated to col- FEDERAL PROPERTY. sought.’’; lective bargaining bears to such organiza- Section 607 of title 18, United States Code, (2) in paragraph (5)(D)— tion’s total expenditures; and is amended— (A) by inserting after the first sentence the ‘‘(ii) provide such employee with a reason- (1) by striking subsection (a) and inserting following: ‘‘In any case in which a penalty or able explanation of the organization’s cal- the following: filing requirement imposed on a political culation of such reduction, including calcu- ‘‘(a) PROHIBITION.— committee or treasurer under paragraph (13) lating the amount of organization expendi- ‘‘(1) IN GENERAL.—It shall be unlawful for has not been satisfied, the Commission may tures supporting political activities unre- any person to solicit or receive a donation of institute a civil action for enforcement lated to collective bargaining. money or other thing of value in connection under paragraph (6)(A).’’; and ‘‘(3) DEFINITION.—In this subsection, the with a Federal, State, or local election from (B) by inserting before the period at the term ‘expenditures supporting political ac- a person who is located in a room or building end of the last sentence the following: ‘‘or tivities unrelated to collective bargaining’ occupied in the discharge of official duties has failed to pay a penalty or meet a filing means expenditures in connection with a by an officer or employee of the United requirement imposed under paragraph (13)’’; Federal, State, or local election or in con- States. An individual who is an officer or and nection with efforts to influence legislation employee of the Federal Government, includ- (3) in paragraph (6)(A), by striking ‘‘para- unrelated to collective bargaining.’’. ing the President, Vice President, and Mem- graph (4)(A)’’ and inserting ‘‘paragraph (4)(A) SEC. 502. USE OF CONTRIBUTED AMOUNTS FOR bers of Congress, shall not solicit a donation or (13)’’. of money or other thing of value in connec- CERTAIN PURPOSES. SEC. 506. STRENGTHENING FOREIGN MONEY Title III of the Federal Election Campaign tion with a Federal, State, or local election BAN. Act of 1971 (2 U.S.C. 431 et seq.) is amended while in any room or building occupied in (a) IN GENERAL.—Section 319 of the Federal by striking section 313 and inserting the fol- the discharge of official duties by an officer Election Campaign Act of 1971 (2 U.S.C. 441e) lowing: or employee of the United States, from any is amended— ‘‘USE OF CONTRIBUTED AMOUNTS FOR CERTAIN person. (1) by striking the heading and inserting PURPOSES ‘‘(2) PENALTY.—A person who violates this the following: ‘‘CONTRIBUTIONS AND DONA- ‘‘SEC. 313. (a) PERMITTED USES.—A con- section shall be fined not more than $5,000, TIONS BY FOREIGN NATIONALS’’; and tribution accepted by a candidate, and any imprisoned more than 3 years, or both.’’; and (2) by striking subsection (a) and inserting other amount received by an individual as (2) in subsection (b), by inserting ‘‘or Exec- the following: support for activities of the individual as a utive Office of the President’’ after ‘‘Con- ‘‘(a) PROHIBITION.—It shall be unlawful holder of Federal office, may be used by the gress’’. for— candidate or individual— SEC. 505. PENALTIES FOR VIOLATIONS. ‘‘(1) a foreign national, directly or indi- ‘‘(1) for expenditures in connection with (a) INCREASED PENALTIES.—Section 309(a) rectly, to make— the campaign for Federal office of the can- of the Federal Election Campaign Act of 1971 ‘‘(A) a donation of money or other thing of didate or individual; (2 U.S.C. 437g(a)) is amended— value, or to promise expressly or impliedly September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8231 to make a donation, in connection with a bers, refer a possible violation of this Act or been committed with respect to an election Federal, State, or local election, or chapter 95 or 96 of the Internal Revenue Code during the 90-day period preceding the date ‘‘(B) a contribution or donation to a com- of 1986, to the Attorney General of the of the election, the candidate or committee mittee of a political party; or United States, without regard to any limita- may institute a civil action on behalf of the ‘‘(2) a person to solicit, accept, or receive tion set forth in this section.’’. Commission for relief (including injunctive such a contribution or donation from a for- SEC. 509. INITIATION OF ENFORCEMENT PRO- relief) against the alleged violator in the eign national.’’. CEEDING. same manner and under the same terms and (b) PROHIBITING USE OF WILLFUL BLINDNESS Section 309(a)(2) of the Federal Election conditions as an action instituted by the AS DEFENSE AGAINST CHARGE OF VIOLATING Campaign Act of 1971 (2 U.S.C. 437g(a)(2)) is Commission under subsection (a)(6), except FOREIGN CONTRIBUTION BAN.— amended by striking ‘‘reason to believe that the court involved shall issue a decision (1) IN GENERAL.—Section 319 of such Act (2 that’’ and inserting ‘‘reason to investigate regarding the action as soon as practicable U.S.C. 441e) is amended— whether’’. after the action is instituted and to the (A) by redesignating subsection (b) as sub- SEC. 510. PROTECTING EQUAL PARTICIPATION greatest extent possible issue the decision section (c); and OF ELIGIBLE VOTERS IN CAMPAIGNS prior to the date of the election involved. (B) by inserting after subsection (a) the AND ELECTIONS. ‘‘(2) A violation described in this paragraph following new subsection: Title III of the Federal Election Campaign is a violation of this Act or of chapter 95 or ‘‘(b) PROHIBITING USE OF WILLFUL BLIND- Act of 1971 (2 U.S.C. 431 et seq.), as amended chapter 96 of the Internal Revenue Code of NESS DEFENSE.—It shall not be a defense to a by sections 101, 401, and 507, is further 1986 relating to— violation of subsection (a) that the defendant amended by adding at the end the following ‘‘(A) whether a contribution is in excess of did not know that the contribution origi- new section: an applicable limit or is otherwise prohibited under this Act; or nated from a foreign national if the defend- ‘‘PROTECTING EQUAL PARTICIPATION OF ‘‘(B) whether an expenditure is an inde- ant should have known that the contribution ELIGIBLE VOTERS IN CAMPAIGNS AND ELECTIONS originated from a foreign national, except pendent expenditure under section 301(17).’’. that the trier of fact may not find that the ‘‘SEC. 326. (a) IN GENERAL.—Nothing in this (b) EFFECTIVE DATE.—The amendments defendant should have known that the con- Act may be construed to prohibit any indi- made by this section shall apply with respect tribution originated from a foreign national vidual eligible to vote in an election for Fed- to elections occurring after the date of the solely because of the name of the contrib- eral office from making contributions or ex- enactment of this Act. utor.’’. penditures in support of a candidate for such SEC. 513. CONSPIRACY TO VIOLATE PRESI- an election (including voluntary contribu- DENTIAL CAMPAIGN SPENDING LIM- (2) EFFECTIVE DATE.—The amendments ITS. made by this subsection shall apply with re- tions or expenditures made through a sepa- (a) IN GENERAL.—Section 9003 of the Inter- spect to violations occurring on or after the rate segregated fund established by the indi- nal Revenue Code of 1986 (26 U.S.C. 9003) is date of the enactment of this Act. vidual’s employer or labor organization) or otherwise participating in any campaign for amended by adding at the end the following SEC. 507. PROHIBITION OF CONTRIBUTIONS BY such an election in the same manner and to new subsection: MINORS. the same extent as any other individual eli- ‘‘(g) PROHIBITING CONSPIRACY TO VIOLATE Title III of the Federal Election Campaign gible to vote in an election for such office. LIMITS.— Act of 1971 (2 U.S.C. 431 et seq.), as amended ‘‘(b) NO EFFECT ON GEOGRAPHIC RESTRIC- ‘‘(1) VIOLATION OF LIMITS DESCRIBED.—If a by sections 101 and 401, is further amended TIONS ON CONTRIBUTIONS.—Subsection (a) candidate for election to the office of Presi- by adding at the end the following new sec- may not be construed to affect any restric- dent or Vice President who receives amounts tion: tion under this title regarding the portion of from the Presidential Election Campaign ‘‘PROHIBITION OF CONTRIBUTIONS BY MINORS contributions accepted by a candidate from Fund under chapter 95 or 96 of the Internal ‘‘SEC. 325. An individual who is 17 years old persons residing in a particular geographic Revenue Code of 1986, or the agent of such a or younger shall not make a contribution to area.’’. candidate, seeks to avoid the spending limits a candidate or a contribution or donation to SEC. 511. PENALTY FOR VIOLATION OF PROHIBI- applicable to the candidate under such chap- a committee of a political party.’’. TION AGAINST FOREIGN CONTRIBU- ter or under the Federal Election Campaign SEC. 508. EXPEDITED PROCEDURES. TIONS. Act of 1971 by soliciting, receiving, transfer- (a) IN GENERAL.—Section 309(a) of the Fed- (a) IN GENERAL.—Section 319 of the Federal ring, or directing funds from any source eral Election Campaign Act of 1971 (2 U.S.C. Election Campaign Act of 1971 (2 U.S.C. 441e), other than such Fund for the direct or indi- 437g(a)) (as amended by section 505(c)) is as amended by section 506(b), is further rect benefit of such candidate’s campaign, amended by adding at the end the following: amended— such candidate or agent shall be fined not ‘‘(14)(A) If the complaint in a proceeding (1) by redesignating subsection (c) as sub- more than $1,000,000, or imprisoned for a was filed within 60 days preceding the date of section (d); and term of not more than 3 years, or both. a general election, the Commission may take (2) by inserting after subsection (b) the fol- ‘‘(2) CONSPIRACY TO VIOLATE LIMITS DE- action described in this subparagraph. lowing new subsection: FINED.—If two or more persons conspire to ‘‘(B) If the Commission determines, on the ‘‘(c) PENALTY.— violate paragraph (1), and one or more of basis of facts alleged in the complaint and ‘‘(1) IN GENERAL.—Except as provided in such persons do any act to effect the object other facts available to the Commission, paragraph (2), notwithstanding any other of the conspiracy, each shall be fined not that there is clear and convincing evidence provision of this title any person who vio- more than $1,000,000, or imprisoned for a that a violation of this Act has occurred, is lates subsection (a) shall be sentenced to a term of not more than 3 years, or both.’’. occurring, or is about to occur, the Commis- term of imprisonment which may not be (b) EFFECTIVE DATE.—The amendment sion may order expedited proceedings, short- more than 10 years, fined in an amount not made by this section shall apply with respect ening the time periods for proceedings under to exceed $1,000,000, or both. to elections occurring on or after the date of paragraphs (1), (2), (3), and (4) as necessary to ‘‘(2) EXCEPTION.—Paragraph (1) shall not the enactment of this Act. allow the matter to be resolved in sufficient apply with respect to any violation of sub- SEC. 514. DEPOSIT OF CERTAIN CONTRIBUTIONS time before the election to avoid harm or section (a) arising from a contribution or do- AND DONATIONS IN TREASURY AC- prejudice to the interests of the parties. nation made by an individual who is lawfully COUNT. (a) IN GENERAL.—Title III of the Federal ‘‘(C) If the Commission determines, on the admitted for permanent residence (as defined Election Campaign Act of 1971 (2 U.S.C. 431 basis of facts alleged in the complaint and in section 101(a)(22) of the Immigration and et seq.), as amended by sections 101, 401, 507, other facts available to the Commission, Nationality Act).’’. and 510, is further amended by adding at the that the complaint is clearly without merit, (b) EFFECTIVE DATE.—The amendments end the following new section: the Commission may— made by this section shall apply with respect ‘‘(i) order expedited proceedings, short- to violations occurring on or after the date ‘‘TREATMENT OF CERTAIN CONTRIBUTIONS AND ening the time periods for proceedings under of the enactment of this Act. DONATIONS TO BE RETURNED TO DONORS paragraphs (1), (2), (3), and (4) as necessary to SEC. 512. EXPEDITED COURT REVIEW OF CER- ‘‘SEC. 327. (a) TRANSFER TO COMMISSION.— allow the matter to be resolved in sufficient TAIN ALLEGED VIOLATIONS OF FED- ‘‘(1) IN GENERAL.—Notwithstanding any time before the election to avoid harm or ERAL ELECTION CAMPAIGN ACT OF other provision of this Act, if a political prejudice to the interests of the parties; or 1971. committee intends to return any contribu- ‘‘(ii) if the Commission determines that (a) IN GENERAL.—Section 309 of the Federal tion or donation given to the political com- there is insufficient time to conduct pro- Election Campaign Act of 1971 (2 U.S.C. 437g) mittee, the committee shall transfer the ceedings before the election, summarily dis- is amended— contribution or donation to the Commission miss the complaint.’’. (1) by redesignating subsection (d) as sub- if— (b) REFERRAL TO ATTORNEY GENERAL.—Sec- section (e); and ‘‘(A) the contribution or donation is in an tion 309(a)(5) of the Federal Election Cam- (2) by inserting after subsection (c) the fol- amount equal to or greater than $500 (other paign Act of 1971 (2 U.S.C. 437g(a)(5)) is lowing new subsection: than a contribution or donation returned amended by striking subparagraph (C) and ‘‘(d) Notwithstanding any other provision within 60 days of receipt by the committee); inserting the following: of this section, if a candidate (or the can- or ‘‘(C) The Commission may at any time, by didate’s authorized committee) believes that ‘‘(B) the contribution or donation was an affirmative vote of at least 4 of its mem- a violation described in paragraph (2) has made in violation of section 315, 316, 317, 319, H8232 CONGRESSIONAL RECORD — HOUSE September 14, 1999

320, or 325 (other than a contribution or do- (b) AMOUNTS USED TO DETERMINE AMOUNT and other information comprising the clear- nation returned within 30 days of receipt by OF PENALTY FOR VIOLATION.—Section 309(a) inghouse available for public inspection and the committee). of such Act (2 U.S.C. 437g(a)) is amended by copying, beginning not later than 30 days ‘‘(2) INFORMATION INCLUDED WITH TRANS- inserting after paragraph (9) the following after the information is first available to the FERRED CONTRIBUTION OR DONATION.—A polit- new paragraph: public, and permit copying of any such reg- ical committee shall include with any con- ‘‘(10) For purposes of determining the istration, report, or other information by tribution or donation transferred under para- amount of a civil penalty imposed under this hand or by copying machine or, at the re- graph (1)— subsection for violations of section 326, the quest of any person, furnish a copy of any ‘‘(A) a request that the Commission return amount of the donation involved shall be such registration, report, or other informa- the contribution or donation to the person treated as the amount of the contribution in- tion upon payment of the cost of making and making the contribution or donation; and volved.’’. furnishing such copy, except that no infor- ‘‘(B) information regarding the cir- (c) DISGORGEMENT AUTHORITY.—Section 309 mation contained in such registration or re- of such Act (2 U.S.C. 437g) is amended by cumstances surrounding the making of the port and no such other information shall be adding at the end the following new sub- contribution or donation and any opinion of sold or used by any person for the purpose of section: the political committee concerning whether ‘‘(e) Any conciliation agreement, civil ac- soliciting contributions or for any profit- the contribution or donation may have been tion, or criminal action entered into or insti- making purpose; and made in violation of this Act. tuted under this section may require a per- (C) not later than 150 days after the date of ‘‘(3) ESTABLISHMENT OF ESCROW ACCOUNT.— son to forfeit to the Treasury any contribu- the enactment of this Act and at any time ‘‘(A) IN GENERAL.—The Commission shall tion, donation, or expenditure that is the thereafter, to prescribe, in consultation with establish a single interest-bearing escrow ac- subject of the agreement or action for trans- the Comptroller General, such rules, regula- count for deposit of amounts transferred fer to the Commission for deposit in accord- tions, and forms, in conformity with the pro- under paragraph (1). ance with section 326.’’. visions of chapter 5 of title 5, United States ‘‘(B) DISPOSITION OF AMOUNTS RECEIVED.— (d) EFFECTIVE DATE.—The amendments Code, as are necessary to carry out the pro- On receiving an amount from a political made by subsections (a) and (b) shall apply visions of this section in the most effective committee under paragraph (1), the Commis- to contributions or donations refunded on or and efficient manner. sion shall— after the date of the enactment of this Act, (2) APPOINTMENT.—The Director shall be ‘‘(i) deposit the amount in the escrow ac- without regard to whether the Federal Elec- appointed by the Federal Election Commis- count established under subparagraph (A); tion Commission or Attorney General has sion. and issued regulations to carry out section 326 of (3) TERM OF SERVICE.—The Director shall ‘‘(ii) notify the Attorney General and the the Federal Election Campaign Act of 1971 serve a single term of a period of time deter- Commissioner of the Internal Revenue Serv- (as added by subsection (a)) by such date. mined by the Commission, but not to exceed ice of the receipt of the amount from the po- SEC. 515. ESTABLISHMENT OF A CLEARING- 5 years. litical committee. HOUSE OF INFORMATION ON POLIT- (d) PENALTIES FOR DISCLOSURE OF INFORMA- ‘‘(C) USE OF INTEREST.—Interest earned on ICAL ACTIVITIES WITHIN THE FED- TION.—Any person who discloses information amounts in the escrow account established ERAL ELECTION COMMISSION. in violation of subsection (b), and any person under subparagraph (A) shall be applied or (a) ESTABLISHMENT.—There shall be estab- who sells or uses information for the purpose used for the same purposes as the donation lished within the Federal Election Commis- of soliciting contributions or for any profit- sion a clearinghouse of public information or contribution on which it is earned. making purpose in violation of subsection regarding the political activities of foreign ‘‘(4) TREATMENT OF RETURNED CONTRIBUTION (c)(1)(B), shall be imprisoned for a period of principals and agents of foreign principals. OR DONATION AS A COMPLAINT.—The transfer not more than 1 year, or fined in the amount The information comprising this clearing- of any contribution or donation to the Com- provided in title 18, United States Code, or house shall include only the following: mission under this section shall be treated as both. (1) All registrations and reports filed pur- the filing of a complaint under section 309(a). (e) AUTHORIZATION OF APPROPRIATIONS.— suant to the Lobbying Disclosure Act of 1995 There are authorized to be appropriated such ‘‘(b) USE OF AMOUNTS PLACED IN ESCROW TO (2 U.S.C. 1601 et seq.) during the preceding 5- sums as may be necessary to conduct the ac- COVER FINES AND PENALTIES.—The Commis- year period. tivities of the clearinghouse. sion or the Attorney General may require (2) All registrations and reports filed pur- (f) FOREIGN PRINCIPAL.—In this section, the any amount deposited in the escrow account suant to the Foreign Agents Registration term ‘‘foreign principal’’ shall have the same under subsection (a)(3) to be applied toward Act, as amended (22 U.S.C. 611 et seq.), dur- meaning given the term ‘‘foreign national’’ the payment of any fine or penalty imposed ing the preceding 5-year period. under section 319 of the Federal Election under this Act or title 18, United States (3) The listings of public hearings, hearing Campaign Act of 1971 (2 U.S.C. 441e), as in ef- Code, against the person making the con- witnesses, and witness affiliations printed in fect as of the date of the enactment of this tribution or donation. the Congressional Record during the pre- Act. ETURN OF ONTRIBUTION OR ONATION ‘‘(c) R C D ceding 5-year period. SEC. 516. ENFORCEMENT OF SPENDING LIMIT ON AFTER DEPOSIT IN ESCROW.— (4) Public information disclosed pursuant PRESIDENTIAL AND VICE PRESI- ‘‘(1) IN GENERAL.—The Commission shall to the rules of the Senate or the House of DENTIAL CANDIDATES WHO RE- return a contribution or donation deposited Representatives regarding honoraria, the re- CEIVE PUBLIC FINANCING. in the escrow account under subsection (a)(3) ceipt of gifts, travel, and earned and un- (a) IN GENERAL.—Section 9003 of the Inter- to the person making the contribution or do- earned income. nal Revenue Code of 1986 (26 U.S.C. 9003) is nation if— (5) All reports filed pursuant to title I of amended by adding at the end the following ‘‘(A) within 180 days after the date the con- the Ethics in Government Act of 1978 (5 new subsection: tribution or donation is transferred, the U.S.C. App.) during the preceding 5-year pe- ‘‘(f) ILLEGAL SOLICITATION OF SOFT Commission has not made a determination riod. MONEY.—No candidate for election to the of- under section 309(a)(2) that the Commission (6) All public information filed with the fice of President or Vice President may re- has reason to investigate whether that the Federal Election Commission pursuant to ceive amounts from the Presidential Elec- making of the contribution or donation was the Federal Election Campaign Act of 1971 (2 tion Campaign Fund under this chapter or made in violation of this Act; or U.S.C. 431 et seq.) during the preceding 5- chapter 96 unless the candidate certifies that ‘‘(B)(i) the contribution or donation will year period. the candidate shall not solicit any funds for not be used to cover fines, penalties, or costs (b) DISCLOSURE OF OTHER INFORMATION the purposes of influencing such election, in- pursuant to subsection (b); or PROHIBITED.—The disclosure by the clearing- cluding any funds used for an independent ‘‘(ii) if the contribution or donation will be house, or any officer or employee thereof, of expenditure under the Federal Election Cam- used for those purposes, that the amounts re- any information other than that set forth in paign Act of 1971, unless the funds are sub- quired for those purposes have been with- subsection (a) is prohibited, except as other- ject to the limitations, prohibitions, and re- drawn from the escrow account and sub- wise provided by law. porting requirements of the Federal Election tracted from the returnable contribution or (c) DIRECTOR OF CLEARINGHOUSE.— Campaign Act of 1971.’’. donation. (1) DUTIES.—The clearinghouse shall have a (b) EFFECTIVE DATE.—The amendment ‘‘(2) NO EFFECT ON STATUS OF INVESTIGA- Director, who shall administer and manage made by this section shall apply with respect TION.—The return of a contribution or dona- the responsibilities and all activities of the to elections occurring on or after the date of tion by the Commission under this sub- clearinghouse. In carrying out such duties, the enactment of this Act. section shall not be construed as having an the Director shall— TITLE VI—INDEPENDENT COMMISSION effect on the status of an investigation by (A) develop a filing, coding, and cross-in- ON CAMPAIGN FINANCE REFORM the Commission or the Attorney General of dexing system to carry out the purposes of SEC. 601. ESTABLISHMENT AND PURPOSE OF the contribution or donation or the cir- this section (which shall include an index of COMMISSION. cumstances surrounding the contribution or all persons identified in the reports, registra- There is established a commission to be donation, or on the ability of the Commis- tions, and other information comprising the known as the ‘‘Independent Commission on sion or the Attorney General to take future clearinghouse); Campaign Finance Reform’’ (referred to in actions with respect to the contribution or (B) notwithstanding any other provision of this title as the ‘‘Commission’’). The pur- donation.’’. law, make copies of registrations, reports, poses of the Commission are to study the September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8233

laws relating to the financing of political ac- proval of at least nine members of the Com- (c) GOALS OF RECOMMENDATIONS AND LEGIS- tivity and to report and recommend legisla- mission is required when approving all or a LATION.—In making recommendations and tion to reform those laws. portion of the recommended legislation. Any preparing drafts of legislation under this sec- SEC. 602. MEMBERSHIP OF COMMISSION. member of the Commission may, if author- tion, the Commission shall consider the fol- ized by the Commission, take any action (a) COMPOSITION.—The Commission shall be lowing to be its primary goals: which the Commission is authorized to take composed of 12 members appointed within 15 (1) Encouraging fair and open Federal elec- under this section. days after the date of the enactment of this tions which provide voters with meaningful Act by the President from among individuals SEC. 604. ADMINISTRATIVE PROVISIONS. information about candidates and issues. (a) PAY AND TRAVEL EXPENSES OF MEM- who are not incumbent Members of Congress (2) Eliminating the disproportionate influ- BERS.—(1) Each member of the Commission and who are specially qualified to serve on ence of special interest financing of Federal shall be paid at a rate equal to the daily the Commission by reason of education, elections. equivalent of the annual rate of basic pay training, or experience. (3) Creating a more equitable electoral sys- payable for level IV of the Executive Sched- (b) APPOINTMENT.— tem for challengers and incumbents. (1) IN GENERAL.—Members shall be ap- ule under section 5315 of title 5, United pointed as follows: States Code, for each day (including travel SEC. 606. EXPEDITED CONGRESSIONAL CONSID- (A) Three members (one of whom shall be time) during which the member is engaged in ERATION OF LEGISLATION. a political independent) shall be appointed the actual performance of duties vested in the Commission. (a) IN GENERAL.—If any legislation is intro- from among a list of nominees submitted by duced the substance of which implements a the Speaker of the House of Representatives. (2) Members of the Commission shall re- recommendation of the Commission sub- (B) Three members (one of whom shall be a ceive travel expenses, including per diem in mitted under section 605(b) (including a joint political independent) shall be appointed lieu of subsistence, in accordance with sec- tions 5702 and 5703 of title 5, United States from among a list of nominees submitted by resolution proposing an amendment to the Code. the majority leader of the Senate. Constitution), subject to subsection (b), the (b) STAFF DIRECTOR.—The Commission provisions of section 2908 (other than sub- (C) Three members (one of whom shall be a shall, without regard to section 5311(b) of section (a)) of the Defense Base Closure and political independent) shall be appointed title 5, United States Code, appoint a staff from among a list of nominees submitted by director, who shall be paid at the rate of Realignment Act of 1990 shall apply to the the minority leader of the House of Rep- basic pay payable for level IV of the Execu- consideration of the legislation in the same resentatives. tive Schedule under section 5315 of title 5, manner as such provisions apply to a joint (D) Three members (one of whom shall be United States Code. resolution described in section 2908(a) of such a political independent) shall be appointed (c) STAFF OF COMMISSION; SERVICES.— Act. from among a list of nominees submitted by (1) IN GENERAL.—With the approval of the the minority leader of the Senate. Commission, the staff director of the Com- (b) SPECIAL RULES.—For purposes of apply- (2) FAILURE TO SUBMIT LIST OF NOMINEES.— mission may appoint and fix the pay of addi- ing subsection (a) with respect to such provi- If an official described in any of the subpara- tional personnel. The Director may make sions, the following rules shall apply: graphs of paragraph (1) fails to submit a list such appointments without regard to the (1) Any reference to the Committee on of nominees to the President during the 15- provisions of title 5, United States Code, gov- Armed Services of the House of Representa- day period which begins on the date of the erning appointments in the competitive tives shall be deemed a reference to the Com- enactment of this Act— service, and any personnel so appointed may mittee on House Oversight of the House of (A) such subparagraph shall no longer be paid without regard to the provisions of Representatives and any reference to the apply; and chapter 51 and subchapter III of chapter 53 of Committee on Armed Services of the Senate (B) the President shall appoint three mem- that title relating to classification and Gen- shall be deemed a reference to the Com- bers (one of whom shall be a political inde- eral Schedule pay rates, except that an indi- mittee on Rules and Administration of the pendent) who meet the requirements de- vidual so appointed may not receive pay in Senate. scribed in subsection (a) and such other cri- excess of the maximum annual rate of basic (2) Any reference to the date on which the teria as the President may apply. pay payable for grade GS–15 of the General President transmits a report shall be deemed (3) POLITICAL INDEPENDENT DEFINED.—In Schedule under section 5332 of title 5, United a reference to the date on which the rec- this subsection, the term ‘‘political inde- States Code. ommendation involved is submitted under pendent’’ means an individual who at no (2) EXPERTS AND CONSULTANTS.—The Com- section 605(b). time after January 1992— mission may procure by contract the tem- (3) Notwithstanding subsection (d)(2) of (A) has held elective office as a member of porary or intermittent services of experts or section 2908 of such Act— the Democratic or Republican party; consultants pursuant to section 3109 of title (A) debate on the legislation in the House (B) has received any wages or salary from 5, United States Code. of Representatives, and on all debatable mo- the Democratic or Republican party or from SEC. 605. REPORT AND RECOMMENDED LEGISLA- tions and appeals in connection with the leg- a Democratic or Republican party office- TION. islation, shall be limited to not more than 10 holder or candidate; or (a) REPORT.—Not later than the expiration hours, divided equally between those favor- (C) has provided substantial volunteer of the 180-day period which begins on the ing and those opposing the legislation; services or made any substantial contribu- date on which the second session of the One (B) debate on the legislation in the Senate, tion to the Democratic or Republican party Hundred Sixth Congress adjourns sine die, and on all debatable motions and appeals in or to a Democratic or Republican party of- the Commission shall submit to the Presi- connection with the legislation, shall be lim- fice-holder or candidate. dent, the Speaker and minority leader of the ited to not more than 10 hours, divided (c) CHAIRMAN.—At the time of the appoint- House of Representatives, and the majority equally between those favoring and those op- ment, the President shall designate one and minority leaders of the Senate a report posing the legislation; and member of the Commission as Chairman of of the activities of the Commission. (C) debate in the Senate on any single de- the Commission. (b) RECOMMENDATIONS; DRAFT OF LEGISLA- batable motion and appeal in connection (d) TERMS.—The members of the Commis- TION.—The report under subsection (a) shall with the legislation shall be limited to not sion shall serve for the life of the Commis- include any recommendations for changes in more than 1 hour, divided equally between sion. the laws (including regulations) governing the mover and the manager of the bill (ex- (e) VACANCIES.—A vacancy in the Commis- the financing of political activity (taking cept that in the event the manager of the sion shall be filled in the manner in which into account the provisions of this Act and the original appointment was made. bill is in favor of any such motion or appeal, the amendments made by this Act), includ- the time in opposition thereto shall be con- (f) POLITICAL AFFILIATION.—Not more than ing any changes in the rules of the Senate or trolled by the minority leader or his des- four members of the Commission may be of the House of Representatives, to which nine ignee), and the majority and minority leader the same political party. or more members of the Commission may may each allot additional time from time SEC. 603. POWERS OF COMMISSION. agree, together with drafts of— under such leader’s control to any Senator (a) HEARINGS.—The Commission may, for (1) any legislation (including technical and during the consideration of any debatable the purpose of carrying out this title, hold conforming provisions) recommended by the motion or appeal. hearings, sit and act at times and places, Commission to implement such rec- take testimony, and receive evidence as the ommendations; and SEC. 607. TERMINATION. Commission considers appropriate. In car- (2) any proposed amendment to the Con- The Commission shall cease to exist 90 rying out the preceding sentence, the Com- stitution recommended by the Commission mission shall ensure that a substantial num- as necessary to implement such rec- days after the date of the submission of its ber of its meetings are open meetings, with ommendations, except that if the Commis- report under section 605. significant opportunities for testimony from sion includes such a proposed amendment in SEC. 608. AUTHORIZATION OF APPROPRIATIONS. members of the general public. its report, it shall also include recommenda- (b) QUORUM.—Seven members of the Com- tions (and drafts) for legislation which may There are authorized to be appropriated to mission shall constitute a quorum, but a be implemented prior to the adoption of such the Commission such sums as are necessary lesser number may hold hearings. The ap- proposed amendment. to carry out its duties under this title. H8234 CONGRESSIONAL RECORD — HOUSE September 14, 1999 TITLE VII—PROHIBITING USE OF WHITE by sections 101, 401, 507, 510, and 515, is fur- who is certified to receive amounts from the HOUSE MEALS AND ACCOMMODATIONS ther amended by adding at the end the fol- Presidential Election Campaign Fund under FOR POLITICAL FUNDRAISING lowing new section: this chapter or chapter 96 may coordinate SEC. 701. PROHIBITING USE OF WHITE HOUSE ‘‘REIMBURSEMENT BY POLITICAL PARTIES FOR the expenditure of any funds for issue advo- MEALS AND ACCOMMODATIONS FOR USE OF AIR FORCE ONE FOR POLITICAL FUND- cacy with any political party unless the POLITICAL FUNDRAISING. RAISING funds are subject to the limitations, prohibi- tions, and reporting requirements of the Fed- (a) IN GENERAL.—Chapter 29 of title 18, ‘‘SEC. 328. (a) IN GENERAL.—If the Presi- United States Code, is amended by adding at dent, Vice President, or the head of any ex- eral Election Campaign Act of 1971. the end the following new section: ecutive department (as defined in section 101 ‘‘(2) ISSUE ADVOCACY DEFINED.—In this sec- ‘‘§ 612. Prohibiting use of meals and accom- of title 5, United States Code) uses Air Force tion, the term ‘issue advocacy’ means any modations at White House for political One for transportation for any travel which activity carried out for the purpose of influ- fundraising includes a fundraising event for the benefit encing the consideration or outcome of any Federal legislation or the issuance or out- ‘‘(a) It shall be unlawful for any person to of any political committee of a national po- litical party, such political committee shall come of any Federal regulations, or edu- provide or offer to provide any meals or ac- cating individuals about candidates for elec- commodations at the White House in ex- reimburse the Federal Government for the fair market value of the transportation of tion for Federal office or any Federal legisla- change for any money or other thing of tion, law, or regulations (without regard to value, or as a reward for the provision of any the individual involved, based on the cost of an equivalent commercial chartered flight. whether the activity is carried out for the money or other thing of value, in support of purpose of influencing any election for Fed- any political party or the campaign for elec- ‘‘(b) AIR FORCE ONE DEFINED.—In sub- section (a), the term ‘Air Force One’ means eral office).’’. toral office of any candidate. (b) EFFECTIVE DATE.—The amendment the airplane operated by the Air Force which ‘‘(b) Any person who violates this section made by this section shall apply with respect has been specially configured to carry out shall be fined under this title or imprisoned to elections occurring on or after the date of the mission of transporting the President.’’. not more than three years, or both. the enactment of this Act. TITLE XI—PROHIBITING USE OF WALKING ‘‘(c) For purposes of this section, any offi- TITLE XIV—POSTING NAMES OF CERTAIN AROUND MONEY cial residence or retreat of the President (in- AIR FORCE ONE PASSENGERS ON cluding private residential areas and the SEC. 1101. PROHIBITING CAMPAIGNS FROM PRO- INTERNET grounds of such a residence or retreat) shall VIDING CURRENCY TO INDIVIDUALS be treated as part of the White House.’’. FOR PURPOSES OF ENCOURAGING SEC. 1401. REQUIREMENT THAT NAMES OF PAS- TURNOUT ON DATE OF ELECTION. SENGERS ON AIR FORCE ONE AND (b) CLERICAL AMENDMENT.—The table of AIR FORCE TWO BE MADE AVAIL- sections for chapter 29 of title 18, United Title III of the Federal Election Campaign ABLE THROUGH THE INTERNET. States Code, is amended by adding at the end Act of 1971 (2 U.S.C. 431 et seq.), as amended (a) IN GENERAL.—The President shall make the following new item: by sections 101, 401, 507, 510, 515, and 1001, is available through the Internet the name of ‘‘612. Prohibiting use of meals and accom- further amended by adding at the end the any non-Government person who is a pas- modations at White House for following new section: senger on an aircraft designated as Air Force political fundraising.’’. ‘‘PROHIBITING USE OF CURRENCY TO PROMOTE One or Air Force Two not later than 30 days ELECTION DAY TURNOUT TITLE VIII—SENSE OF THE CONGRESS RE- after the date that the person is a passenger GARDING FUNDRAISING ON FEDERAL ‘‘SEC. 329. It shall be unlawful for any po- on such aircraft. (b) EXCEPTION.—Subsection (a) shall not GOVERNMENT PROPERTY litical committee to provide currency to any individual (directly or through an agent of apply in a case in which the President deter- SEC. 801. SENSE OF THE CONGRESS REGARDING the committee) for purposes of encouraging mines that compliance with such subsection APPLICABILITY OF CONTROLLING the individual to appear at the polling place would be contrary to the national security LEGAL AUTHORITY TO FUND- interests of the United States. In any such RAISING ON FEDERAL GOVERNMENT for the election.’’. case, not later than 30 days after the date PROPERTY. TITLE XII—ENHANCING ENFORCEMENT It is the sense of the Congress that Federal that the person whose name will not be made OF CAMPAIGN LAW available through the Internet was a pas- law clearly demonstrates that ‘‘controlling SEC. 1201. ENHANCING ENFORCEMENT OF CAM- senger on the aircraft, the President shall legal authority’’ under title 18, United PAIGN FINANCE LAW. submit to the chairman and ranking member States Code, prohibits the use of Federal (a) MANDATORY IMPRISONMENT FOR CRIMI- of the Permanent Select Committee on In- Government property to raise campaign NAL CONDUCT.—Section 309(d)(1)(A) of the telligence of the House of Representatives funds. Federal Election Campaign Act of 1971 (2 and of the Select Committee on Intelligence TITLE IX—PROHIBITING SOLICITATION U.S.C. 437g(d)(1)(A)) is amended— of the Senate— TO OBTAIN ACCESS TO CERTAIN FED- (1) in the first sentence, by striking ‘‘shall (1) the name of the person; and ERAL GOVERNMENT PROPERTY be fined, or imprisoned for not more than (2) the justification for not making such SEC. 901. PROHIBITION AGAINST ACCEPTANCE one year, or both’’ and inserting ‘‘shall be name available through the Internet. OR SOLICITATION TO OBTAIN AC- imprisoned for not fewer than 1 year and not (c) DEFINITION OF PERSON.—As used in this CESS TO CERTAIN FEDERAL GOV- more than 10 years’’; and Act, the term ‘‘non-Government person’’ ERNMENT PROPERTY. (2) by striking the second sentence. means a person who is not an officer or em- (a) IN GENERAL.—Chapter 11 of title 18, (b) CONCURRENT AUTHORITY OF ATTORNEY ployee of the United States, a member of the United States Code, is amended by adding at GENERAL TO BRING CRIMINAL ACTIONS.—Sec- Armed Forces, or a Member of Congress. the end the following new section: tion 309(d) of such Act (2 U.S.C. 437g(d)) is TITLE XV—EXPULSION PROCEEDINGS ‘‘§ 226. Acceptance or solicitation to obtain ac- amended by adding at the end the following FOR HOUSE MEMBERS RECEIVING FOR- cess to certain Federal Government prop- new paragraph: EIGN CONTRIBUTIONS erty ‘‘(4) In addition to the authority to bring cases referred pursuant to subsection (a)(5), SEC. 1501. PERMITTING CONSIDERATION OF ‘‘Whoever solicits or receives anything of PRIVILEGED MOTION TO EXPEL the Attorney General may at any time bring HOUSE MEMBER ACCEPTING ILLE- value in consideration of providing a person a criminal action for a violation of this Act with access to Air Force One, Marine One, GAL FOREIGN CONTRIBUTION. or of chapter 95 or chapter 96 of the Internal (a) IN GENERAL.—If a Member of the House Air Force Two, Marine Two, the White Revenue Code of 1986.’’. House, or the Vice President’s residence, of Representatives is convicted of a violation (c) EFFECTIVE DATE.—The amendments of section 319 of the Federal Election Cam- shall be fined under this title, or imprisoned made by this section shall apply with respect not more than one year, or both.’’. paign Act of 1971 (or any successor provision to actions brought with respect to elections prohibiting the solicitation, receipt, or ac- (b) CLERICAL AMENDMENT.—The table of occurring after January 1999. sections for chapter 11 of title 18, United ceptance of a contribution from a foreign na- States Code, is amended by adding at the end TITLE XIII—BAN ON COORDINATED SOFT tional), the Committee on Standards of Offi- the following new item: MONEY ACTIVITIES BY PRESIDENTIAL cial Conduct, shall immediately consider the CANDIDATES conduct of the Member and shall make a re- ‘‘226. Acceptance or solicitation to obtain ac- port and recommendations to the House cess to certain Federal Govern- SEC. 1301. BAN ON COORDINATION OF SOFT MONEY FOR ISSUE ADVOCACY BY forthwith concerning that Member which ment property.’’. PRESIDENTIAL CANDIDATES RE- may include a recommendation for expul- TITLE X—REIMBURSEMENT FOR USE OF CEIVING PUBLIC FINANCING. sion. AIR FORCE ONE FOR POLITICAL FUND- (a) IN GENERAL.—Section 9003 of the Inter- (b) EXERCISE OF RULEMAKING AUTHORITY.— RAISING nal Revenue Code of 1986 (26 U.S.C. 9003) is This section is enacted by Congress— SEC. 1001. REQUIRING NATIONAL PARTIES TO RE- amended by adding at the end the following (1) as an exercise of the rulemaking power IMBURSE AT COST FOR USE OF AIR new subsection: of the House of Representatives, and as such FORCE ONE FOR POLITICAL FUND- ‘‘(f) BAN ON COORDINATION OF SOFT MONEY it is deemed a part of the rules of the House RAISING. FOR ISSUE ADVOCACY.— of Representatives, and it supersedes other Title III of the Federal Election Campaign ‘‘(1) IN GENERAL.—No candidate for election rules only to the extent that it is incon- Act of 1971 (2 U.S.C. 431 et seq.), as amended to the office of President or Vice President sistent therewith; and September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8235 (2) with full recognition of the constitu- The CHAIRMAN. The Clerk will re- reform. Had they run that ad 60 days, tional right of the House of Representatives port the amendment, as modified. within 60 days of an election, they to change the rule at any time, in the same The Clerk read as follows: would not have had the right to do it manner and to the same extent as in the case under Shays-Meehan unless they met of any other rule of the House of Representa- Amendment No. 1, as modified, offered by tives. Mr. WHITFIELD: all of the hard money requirements and The amendment is modified as follows: went to the FEC and so forth. That is TITLE XVI—SEVERABILITY; CONSTITU- Page 21, insert after line 17 the following: why the courts have said you cannot TIONALITY; EFFECTIVE DATE; REGULA- (c) INCREASE IN INDIVIDUAL CONTRIBUTION TIONS create these kinds of obstructions to LIMIT.—Section 315(a)(1)(A) of such Act (2 participating in political speech. SEC. 1601. SEVERABILITY. U.S.C. 441a(a)(1)(A)) is amended by striking That is the reason I primarily object If any provision of this Act or amendment ‘‘$1,000’’ and inserting ‘‘$3,000’’. to this legislation. I am convinced that made by this Act, or the application of a pro- Mr. WHITFIELD. (during the read- vision or amendment to any person or cir- if it goes to the courts, that it will be cumstance, is held to be unconstitutional, ing). Mr. Chairman, I ask unanimous overruled. the remainder of this Act and amendments consent that the amendment, as modi- The amendment that I offer today is made by this Act, and the application of the fied, be considered as read and printed simply this. It increases from $1,000 to provisions and amendment to any person or in the RECORD. $3,000 the amount of money that an in- circumstance, shall not be affected by the The CHAIRMAN. Is there objection dividual can contribute to a candidate holding. to the request of the gentleman from under the hard money requirements. SEC. 1602. REVIEW OF CONSTITUTIONAL ISSUES. Kentucky? We could make an argument that this An appeal may be taken directly to the Su- There was no objection. legislation, instead of being campaign preme Court of the United States from any The CHAIRMAN. Is there objection finance reform, is really incumbent final judgment, decree, or order issued by to the initial request of the gentleman any court ruling on the constitutionality of protection, because it reduces the any provision of this Act or amendment from Kentucky? rights of other people to speak but not made by this Act. There was no objection. candidates themselves. SEC. 1603. EFFECTIVE DATE. The CHAIRMAN. Without objection, All of us know that as an incumbent, Except as otherwise provided in this Act, the modification is agreed to. we can better obtain political action this Act and the amendments made by this Pursuant to House Resolution 283, committee money than our challengers Act shall take effect upon the expiration of the gentleman from Kentucky (Mr. can. There is not anything in this bill, the 90-day period which begins on the date of WHITFIELD) and a Member opposed each the Shays-Meehan bill, that would af- the enactment of this Act. will control 5 minutes. fect political action committee money. SEC. 1604. REGULATIONS. The Chair recognizes the gentleman So this amendment would simply in- The Federal Election Commission shall from Kentucky (Mr. WHITFIELD). crease from $1,000 to $3,000 the amount prescribe any regulations required to carry Mr. WHITFIELD. Mr. Chairman, I that an individual can contribute to a out this Act and the amendments made by yield myself such time as I may con- candidate. It has not been changed this Act not later than 45 days after the date since 1974. Although I am not excited of the enactment of this Act. sume. about helping challengers raise money, The CHAIRMAN. No amendment is in Mr. Chairman, first of all, I would like to commend the gentleman from my amendment will help them at least order except those printed in House Re- be more competitive in raising money. port 106–311. Each amendment may be Massachusetts (Mr. MEEHAN) and the gentleman from Connecticut (Mr. Therefore, I do not really understand offered only in the order printed in the how anybody could object to this report, may be offered only by a Mem- SHAYS) for their commitment to their cause on this important issue. They amendment. ber designated in the report, shall be Mr. Chairman, I reserve the balance considered as read, shall be debatable have worked hard on this bill last year, as well as this year. of my time. for the time specified in the report, Mr. FARR of California. Mr. Chair- I would like to make it clear as I dis- equally divided and controlled by the man, I rise to claim the time in opposi- cuss this amendment that I do oppose proponent and an opponent, and shall tion to the amendment. not be subject to amendment. the bill, but this amendment I do hon- The CHAIRMAN. The gentleman estly believe will improve the bill. The Chairman of the Committee of from California (Mr. FARR) is recog- the Whole may postpone a request for a I would like to say briefly why I op- nized for 5 minutes. recorded vote on any amendment, and pose this bill. I oppose it primarily be- Mr. FARR of California. Mr. Chair- may reduce to a minimum of 5 minutes cause it changes the definition of ‘‘ex- man, I yield myself 1 minute. the time for voting on any postponed press advocacy’’. The Supreme Court Mr. Chairman, I hope our Members question that immediately follows an- has made it very clear repeatedly that are listening to this debate, or more other vote, provided that the time for there is a bright line test. If an ad does importantly, are reading what this voting on the first question shall be a not expressly advocate the defeat of campaign finance reform bill is all minimum of 15 minutes. the election of a candidate, it is not ex- about. It is about reform. It is about It is now in order to consider amend- press advocacy. They change it to say campaign reform. It is not about doing ment No. 1 printed in House Report that any ad run within 60 days of an what the American public does not 106–311. election is express advocacy, by defini- want us to do, getting more money tion. AMENDMENT NO. 1 OFFERED BY MR. WHITFIELD into politics. Now, when I ran in 1998, labor unions Mr. WHITFIELD. Mr. Chairman, I We just had a break. Most of us were came into my district and they spent home. I never had one question, some- offer an amendment. about $600,000 or $700,000 running issue The CHAIRMAN. The Clerk will des- body coming up and saying, the prob- advocacy ads about my voting record. ignate the amendment. lem with America right now is you are They did not expressly advocate my de- The text of the amendment is as fol- not spending enough money in your feat or my election, but it was clear lows: campaigns. Why do you not spend more that they did not support my position. Amendment No. 1 offered by Mr. money? I did not like that, and it was done Whitfield: I find it ironic that the party that Page 12, insert after line 8 the following: within 60 days of the election, but I do wants to cut, squeeze, and trim govern- (c) INCREASE IN INDIVIDUAL CONTRIBUTION believe that they have the right to do ment, comes here and says, ladies and LIMIT.—Section 315(a)(1)(A) of such Act (2 that. That is what this debate really is gentlemen, we want to cut Federal U.S.C. 441a(a)(1)(A)) is amended by striking all about. That is their first amend- Government, but when it comes to ‘‘$1,000’’ and inserting ‘‘$3,000’’. ment right. The courts who have con- electing Federal Members of Congress, MODIFICATION TO AMENDMENT NO. 1, OFFERED sidered this amendment on 18 separate just spend all the money you can, just BY MR. WHITFIELD occasions have ruled that they do have making it obscene. We do not need to Mr. WHITFIELD. Mr. Chairman, I that right every single time. raise the limit, we need to limit what ask unanimous consent to make a Just yesterday in my hometown people are going to spend. technical correction to the amend- paper of Paducah, a group ran an ad So look at this amendment. Look at ment. about my position on campaign finance what it says. There are people that say, H8236 CONGRESSIONAL RECORD — HOUSE September 14, 1999 well, if we raise more money, we spend and is putting elected officials in a po- By bringing the process closer to less time. We just have to make fewer sition of having to choose between them is where we should be going, not phone calls. That is not true, this is an spending their time doing their jobs or getting further away from them. We arms race out there. We spend as much raising money. Unlimited soft money must make them part of the political time raising money as the process al- contributions are continuing to allow process. We must have campaign fi- lows. Unfortunately, it allows too special interests to buy political ac- nance reform. much. We find that a candidate’s cess. In this Congress, we have passed laws spending has gone up at a rate of 50 Mr. Chairman, this must change. To that have brought Congress in light in percent greater than the rate of infla- my colleagues, I say, of all the issues reforms of lobbyists’ gifts, meals, and tion since 1974, two to three times the we address this year, none is more im- trips that were offered to Members of rate of increase in the wages of ordi- portant. Let us pass this moderate, Congress and changed the way that nary citizens. reasonable campaign finance reform Congress has operated. We need to Large donors in America are, listen law now. make sure that we change the way to this, are disproportionately white, Mr. FARR of California. Mr. Chair- campaigns are financed and the way male, and from high status occupa- man, I yield 11⁄2 minutes to the gen- campaigns are operated so that the tions, and more conservative. tleman from Iowa (Mr. GANSKE). American public feels part of this po- Mr. Chairman, I reserve the balance (Mr. GANSKE asked and was given litical process, that we are here to of my time. permission to revise and extend his re- serve the public interest and be here in Mr. WHITFIELD. Mr. Chairman, I marks.) the public interest as public servants. Mr. FARR of California. Mr. Chair- yield myself the balance of my time. b 1600 Mr. Chairman, first of all, I would man, I yield myself such time as I may like to point out there are 16 States Mr. GANSKE. Mr. Chairman, I rise in consume. that do not have any limits on the opposition to these amendments, to the Mr. Chairman, I rise in strong opposi- amount of money that can be given to two Whitfield amendments, and in sup- tion to this first Whitfield amendment, candidates. The American people seem port of Shays-Meehan. the first amendment we are consid- to be more concerned about the soft With due respect to the gentleman ering, because this is a poison pill. It money issue than they do the hard from Kentucky (Mr. WHITFIELD), I do breaks apart the coalition of support money issue. not think we need to add more money for the Shays-Meehan by tripling the The money that I am talking about to the system. In 1996, I was the target individual contributions. This same today increasing from $1,000 to $3,000 is of over $2 million in independent ex- amendment was defeated in a bipar- hard money. Anybody can go get an penditures, sham issue ads. In my cam- tisan vote last year on a vote of 102 to FEC report. They can read who gives paign, I was able to raise with the 315. I ask Members to repeat last year’s us the money, the dates they give the $1,000 per election limits for individ- action and defeat this amendment. money, their occupation, their address. uals and the $5,000 per election limits The CHAIRMAN. All time is expired. All of that information is available. for PACs about $1.8 million. The question is on the amendment, I would just say that the American Under these amendments, one would as modified, offered by the gentleman people have a right to know the issues be able then to raise $6,000 essentially from Kentucky (Mr. WHITFIELD). in these political campaigns. We have from an individual for one’s primary The question was taken; and the more money spent on America today and for one’s general election, $12,000 Chairman announced that the noes ap- advertising pizza, Coca-Cola, and per couple in addition to thousands of peared to have it. Mr. WHITFIELD. Mr. Chairman, I de- toothpaste than we do issues in polit- dollars extra from members, adult members of their family. I do not think mand a recorded vote. ical campaigns. The CHAIRMAN. Pursuant to House So I would urge everyone to vote for we need to do that. I think that just in- creases the money in the system. Resolution 283, further proceedings on this amendment, because I do think the amendment offered by the gen- that it will be a small step in removing Let me give my colleagues one exam- tleman from Kentucky (Mr. WHITFIELD) the incumbent protection that the ple. Governor George Bush is doing a marvelous job as a Republican presi- will be postponed. Shays-Meehan bill provides. It is now in order to consider Amend- dential candidate raising funds. He has Mr. FARR of California. Mr. Chair- ment No. 2 printed in House Report raised over $50 million, $1,000 at a time man, I yield 1 minute to the gentleman 106–311. from Colorado (Mr. UDALL), the out- per individual, $5,000 per PAC. Those AMENDMENT NO. 2 OFFERED BY MR. DOOLITTLE are under current limits. We do not standing new Member of Congress. Mr. DOOLITTLE. Mr. Chairman, I need more of that. (Mr. UDALL of Colorado asked and am the designated presenter of this Mr. FARR of California. Mr. Chair- was given permission to revise and ex- amendment, and I offer amendment No. man, how much time is remaining on tend his remarks.) 2 for the gentleman from Kentucky Mr. UDALL of Colorado. Mr. Chair- each side? (Mr. WHITFIELD). The CHAIRMAN. The time of the man, I thank my colleague, the gen- The CHAIRMAN. Is the gentleman tleman from the great State of Cali- gentleman from Kentucky (Mr. from California (Mr. DOOLITTLE) the fornia, for yielding time to me. WHITFIELD) has expired. The gentleman 1 designee for amendment No. 2? Mr. Chairman, I rise in support of the from California (Mr. FARR) has 1 ⁄2 min- Mr. DOOLITTLE. I am, Mr. Chair- Shays-Meehan bill and in opposition to utes remaining. man. the substitutes. Mr. FARR of California. Mr. Chair- PARLIAMENTARY INQUIRY Mr. Chairman, earlier this year I man, I yield 1 minute to the gentleman Mr. HOYER. Parliamentary inquiry, urged the House to pass legislation be- from Maine (Mr. BALDACCI). Mr. Chairman. fore the race for the year 2000 begins. Mr. BALDACCI. Mr. Chairman, I The CHAIRMAN. The gentleman But if we read the newspaper and thank the gentleman from California from Maryland (Mr. HOYER) will state watch the news, it is clear that the 2000 (Mr. FARR) for his leadership on this his parliamentary inquiry. year election has already begun. Can- issue and all that has been involved Mr. HOYER. Mr. Chairman, I do not didates for president and Congress and with reform. know that I am going to object, but my Political Action Committees are Going from $1,000 to $3,000 is not point of inquiry is, does the rule pro- breaking fund-raising records at phe- going to solve the problem. It is going vide for designees? nomenal rates. More and more time is in the opposite direction. People who I The CHAIRMAN. The rule permits being spent raising money, and this represent have difficulty with $50 and the proponent of an amendment to des- translates into less time being spent $100, and they feel that they are not ignate another member to offer the doing our duties to support the public part of the political process in that, in amendment. and represent our citizens. fact, it is separate and apart from their The CHAIRMAN. The Clerk will des- The high cost of campaigns is un- daily lives and the concerns that they ignate the amendment. fairly restricting dedicated, qualified have and that they are experiencing The text of the amendment is as fol- people from running for public office, around the kitchen table every night. lows: September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8237 Amendment no. 2 offered by Mr. DOO- pill that ruins the integrity of cam- fication I placed at the desk be adopt- LITTLE: paign finance reform and breaks apart ed. Page 12, line 8, strike ‘‘$30,000’’ and insert the coalition of support for Shays-Mee- The CHAIRMAN. The Clerk will re- ‘‘$75,000’’. han. port the modification. The CHAIRMAN. Pursuant to House Under this amendment, annual indi- The Clerk read as follows: Resolution 283, the gentleman from vidual contribution limits for Federal Amendment No. 2, as modified, offered by California (Mr. DOOLITTLE) and a Mem- elections would triple from $25,000 to Mr. DOOLITTLE: ber opposed each will control 5 min- $75,000, increasing the influence the The amendment is modified as follows: utes. wealthiest individuals have on congres- Page 12, line 17, strike ‘‘$30,000’’ and insert The Chair recognizes the gentleman sional campaigns. ‘‘$75,000’’. from California (Mr. DOOLITTLE). When only one-quarter of 1 percent of The CHAIRMAN. Is there objection Mr. DOOLITTLE. Mr. Chairman, I the American people contribute in ex- to the request of the gentleman from yield myself such time as I may con- cess of $200 to federal campaigns, rais- California. sume. ing the contribution limits moves re- Mr. CAMPBELL. Reserving the right Mr. Chairman, this is a corollary to form in exactly the wrong direction. to object, Mr. Chairman, under my res- the last amendment that we took up. We need to encourage smaller con- ervation, I yield to the gentleman from This is the aggregate for what large do- tributions below $200, not mandate and California (Mr. DOOLITTLE). nors can give, adjusting it for inflation, encourage larger and larger sums. Mr. DOOLITTLE. Mr. Chairman, un- as the last amendment adjusted the in- Last year’s coalition that passed fortunately when these amendments dividual limit. Shays-Meehan proved that there is a were drafted, and there will be, I be- This is important. I hear people get strong support for campaign finance re- lieve, other requests, the page numbers up and say, well, gee, there is no prob- form legislation. Today we have the op- and line numbers do not match up with lem raising the $1.8 million at $1,000 a portunity to once again do the right what in fact is the base bill. So that is pop. Well, that is not what most people thing for the American people. the purpose of asking to make this say. In fact, good candidates have A vote for the Whitfield amendment modification. thrown up their hands in despair. We is a poison pill that campaign finance Mr. CAMPBELL. Mr. Chairman, the just had a couple, a Republican in New reformers and the American public gentleman is entitled to have his Jersey for the U.S. Senate and a Demo- cannot swallow. A vote to increase the amendment debated in the form that crat in Nevada, they both just pulled influence of hard working American he wishes. out in part because of this problem of families is a vote ‘‘no’’ on this amend- Mr. Chairman, I withdraw my res- the limits. ment and a vote for final passage of ervation of objection. In fact, I will see if I can find quickly Shays-Meehan. The CHAIRMAN. Without objection, the quote here. I am not going to find Mr. Chairman, I yield 11⁄2 minutes to the amendment is modified. it, so I will have to use it later. She the gentleman from Vermont (Mr. There was no objection. just basically felt like the present lim- SANDERS). Mr. DOOLITTLE. Mr. Chairman, may its were just demanding so much con- Mr. SANDERS. Mr. Chairman, I I inquire as to how much time remains sumption of time. This was the Demo- thank the gentleman from New Mexico on each side. crat from Nevada who decided not to for yielding me this time. The CHAIRMAN. The gentleman run for the Senate, that it was not Mr. Chairman, this is an absurd from California (Mr. DOOLITTLE) has 3 worth making the effort. amendment which would take us in minutes remaining. The gentleman Mr. Chairman, this is what we are in- precisely the wrong direction. My con- from New Mexico (Mr. UDALL) has 11⁄2 creasingly seeing. Why are we creating stituents in Vermont ask me many minutes remaining. the system and tolerating the system questions, and they raise many con- Mr. DOOLITTLE. Mr. Chairman, I be- that allows only the wealthy or in a cerns. But I can honestly say no lieve I have the right to close. sense only the wealthy to run. They Vermonter has ever come up to me and The CHAIRMAN. The gentleman spend all of their own money they said, ‘‘Bernie, the major problem I face from California (Mr. DOOLITTLE) has want. They do not have to raise a dime. is that I can only contribute $25,000 to the right to close. But, boy, if one does not have wealth, candidates, and you have got to raise Mr. UDALL of New Mexico. Mr. one has got to go out and grind it out that ceiling so that I can now con- Chairman, I yield 1 minute to the gen- at $1,000 a pop. For U.S. Senate races in tribute $75,000.’’ No Vermonter has ever tleman from Iowa (Mr. GANSKE). large States that is $20 million or asked me that, and I suspect no (Mr. GANSKE asked and was given more. Vermonter ever will ask me that. permission to revise and extend his re- So, yes, we are discouraging people of The great crisis in our democracy marks.) average means from running, from ex- right now is that the wealthiest one- Mr. GANSKE. Mr. Chairman, this ercising their First Amendment rights. quarter of 1 percent of the population amendment seeks to triple the aggre- This amendment here is intended to contribute 80 percent of the campaign gate contribution or limit to $75,000. I modify the system, to give effect to monies that candidates receive. The mean, how many contributors in this what even many on the other side say, great crisis of our time is that big country give $75,000? The average yes, it is reasonable, we ought to allow money dominates both political parties House race today costs probably about the adjustment of the limits for infla- and that ordinary Americans are giv- $700,000. I can guarantee my colleagues tion. It is allowing that to occur and ing up because they believe that their that if they made it Federal law to ap- doing it with reference to the aggre- one vote does not mean anything com- prove amendment No. 1 and amend- gate, individual contribution limit. pared to the huge contributions that ment No. 2 that they would be doubling Mr. Chairman, I reserve the balance the big corporations and wealthy indi- or tripling the average cost for a House of my time. viduals make. race. Mr. UDALL of New Mexico. Mr. To raise the level to $75,000 per per- Now, some would give the full Chairman, I rise to claim the time in son is moving us in exactly the wrong amount. But this, in my opinion, would opposition to the amendment. direction. In fact, what we need to do actually increase the amount of time The CHAIRMAN. The gentleman now is what Shays-Meehan says, and that Members spend on the phone and from New Mexico (Mr. UDALL) is recog- that is to end the soft money pollution candidates or challengers spend on the nized for 5 minutes. that currently exists, to go even fur- phone. It is a poorly thought out Mr. UDALL of New Mexico. Mr. ther than that so that ordinary people amendment. We ought to reject it. We Chairman, I yield myself such time as can regain the power that this democ- should not increase the amount of I may consume. racy is supposed to provide them. money in this political fund-raising Mr. Chairman, I rise today in opposi- MODIFICATION TO AMENDMENT NO. 2 OFFERED chase. tion to the Whitfield amendment to the BY MR. DOOLITTLE We should actually stick with the Shays-Meehan campaign finance re- Mr. DOOLITTLE. Mr. Chairman, I limits that we have now. I would con- form bill. This amendment is a poison ask unanimous consent that the modi- sider both of these amendments to be H8238 CONGRESSIONAL RECORD — HOUSE September 14, 1999 amendments which would benefit a reasonable in 1976, then at least that ply by including information on a can- very, very small percentage of the pop- level ought to be maintained today, didate’s voting record. This is a gigan- ulation in terms of increasing their ac- and that requires this adjustment. tic loophole. cess in the political system at the ex- I mean, if we could just get people to The Shays-Meehan bill already con- pense of the majority, the vast major- think about this issue and quit mouth- tains a true voter guide exemption. Le- ity of givers who give $50 or $100. ing these mantras about the evils of gitimate voter guides that state a can- Mr. DOOLITTLE. Mr. Chairman, I money and politics. Money is going to didate’s position on an issue and how yield myself 1 minute. be in politics as long as we have a prop- that compares to the groups position in Mr. Chairman, this is why debating erly elected government. So instead of a neutral manner are explicitly ex- this issue with these folks is so mad- trying to pretend it does not exist or to empted. The only way that a voter dening. They tell us about all the prob- command a control of regulations, why guide would be covered is if it is de- lems of soft money. It is clear that we do we not let the voters decide? Why do signed to clearly benefit one candidate have these problems because of the we not let them contribute to the can- over another. We have all seen these limits that they refuse to adjust on didate and simply disclose it? ‘‘voter guides’’ which pick and choose hard money. Then when we attempt to The amendment that I am offering is votes and characterize positions in a adjust them for hard money, they talk a reasonable amendment. If it is going way that is clearly intended to express about how unreasonable it is that we to be revisited by the supposed stew- opposition to or support for a can- triple the limits. Well, inflation tri- ards of pure campaign finance reform, didate. pled. one has got to question their sincerity. As a Member with a strong pro-life And I do question their sincerity. record throughout my career, I strong- b 1615 I guess I would just observe the ly disagree with the argument made by If that was reasonable, why can we Washington Times refers to this as some folks that Shays-Meehan would not adjust the limitation? We vote to campaign finance charade. Earlier I hurt the pro-life cause. I cannot under- do that every year for Social Security quoted from the Nevada candidate. The stand who pro-life groups are not will- recipients, federal retirees, everybody. Nevada candidate was a lady named ing to be completely open and up front Why is that unreasonable when it Sue Del Papa, and this is what she said about where they raise their money comes to campaigns? as she was withdrawing from running and how they spend their money to Look at this. Lamar Alexander, when for the Democrat nomination for Sen- promote the pro-life position in polit- he ran for president in 1996: ‘‘Contribu- ate in Nevada. She quoted from the ical campaigns. That is all Shays-Mee- tion and spending limits forced me to Wall Street Journal. They called the han would require these organizations spend 70 percent of my time raising political process a game that ‘‘rewards to do. money in amounts no greater than those who will spend hours and hours I urge you to vote ‘‘no’’ on the Doo- $1,000.’’ each day raising money rather than little amendment and for the Shays- That is outrageous. That is what the seeking solutions.’’ That is what the Meehan bill. guy in Vermont does not understand. Republicans talk about raising money. The CHAIRMAN. All time has ex- Let me tell my colleagues, he expects Please vote for this amendment. pired. us, knowing what we know, to make Mr. STENHOLM. Mr. Chairman, I The question is on the amendment, the right changes. That is why we need rise in opposition to the Doolittle as modified, offered by the gentleman to pass this amendment. amendment and in support of the from California (Mr. DOOLITTLE). Mr. Chairman, I reserve the balance Shays-Meehan campaign finance re- The question was taken; and the of my time. form bill. The Doolittle amendment Chairman announced that the noes ap- Mr. UDALL of New Mexico. Mr. would undermine the important re- peared to have it. Chairman, I yield myself the balance of forms in Shays-Meehan which would Mr. DOOLITTLE. Mr. Chairman, I de- my time. bring greater accountability to cam- mand a recorded vote. Mr. Chairman, this is an issue of paign spending. The CHAIRMAN. Pursuant to House campaign finance reform. It is not a Shays-Meehan would let public know Resolution 283, further proceedings on Democratic issue. It is not a Repub- who is running ads and allow them to the amendment offered by the gen- lican issue. It is a bipartisan problem decide for themselves whether or not tleman from California (Mr. DOO- that requires a bipartisan solution. the ad is credible. Brining all campaign LITTLE) will be postponed. I would ask all of us to look at it in activity out in to the open through in- It is now in order to consider Amend- that way Democrats, Republicans, creased disclosure is beneficial to the ment No. 3 printed in House Report Independent, and see that we do the election process and does not harm any 106–311. right thing for America. organizations. The public should know AMENDMENT NO. 3 OFFERED BY MR. DOOLITTLE Mr. DOOLITTLE. Mr. Chairman, I who is beyond any advertising in order Mr. DOOLITTLE. Mr. Chairman, I have how much time remaining? to evaluate the credibility and reli- offer an amendment. The CHAIRMAN. The gentleman ability of the opinions being presented, The Clerk will designate the amend- from California (Mr. DOOLITTLE) has 2 especially when they are presented as ment. minutes remaining. ‘‘facts,’’ not opinions. What is wrong The text of the amendment is as fol- Mr. DOOLITTLE. Mr. Chairman, I with disclosure and openness? Why lows: yield myself such time as I may con- does requiring disclosure prevent peo- Amendment No. 3 Offered by Mr. sume. ple from running ads? DOOLITTLE: Mr. Chairman, I agree with the gen- The Shays-Meehan bill does not pre- Page 16, strike line 5 and all that follows through page 17, line 17 and insert the fol- tleman that the campaign finance re- vent any organization from saying lowing: form system is a mess. But they want whatever it wants about any candidate ‘‘(B) NONAPPLICATION TO PUBLICATIONS ON to make it even more of a mess by pil- for office in a TV ad, voter guide or VOTING RECORDS.—The term ‘express advo- ing on more regulation. anywhere else at any time. It simply cacy’ shall not apply with respect to any This amendment at least tries to re- states that campaign activities of po- communication which is in printed form or move some of the pressure from money litical parties and independent organi- posted on the Internet and which provides to go elsewhere other than from the zations should be subject to the same information or commentary on the voting contributor to the candidate by allow- record of, or positions on issues taken by, rules that apply to candidates for of- any individual holding Federal office or any ing an adjustment for inflation for the fice. candidate for election for Federal office, un- limits. And then even some of our Re- The Doolittle amendment is dis- less the communication contains explicit publican speakers stand up here and guised as a ‘‘voter guide exemption,’’ words expressly urging a vote for or against mouth the idea that it is outrageous but in reality, it would undermine the any identified candidate or political party.’’. for us to triple the limits. reforms in the bill. Under the Doolittle MODIFICATION TO AMENDMENT NO. 3 OFFERED Well, what about inflation? Why is it amendment, individuals and groups BY MR. DOOLITTLE outrageous to maintain the purchasing could run unlimited print or Internet Mr. DOOLITTLE. Mr. Chairman, we power of the limit? After all, if it was ads with no regard to election law sim- have the same situation with the line September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8239 and page numbers not matching up, speech and maybe be compelled to hire Mr. DAVIS of Florida. Mr. Chairman, and I ask unanimous consent that the an attorney, go through 3 years of dis- I yield 30 seconds to the gentleman amendment be modified in the form at covery and litigation and spend a from Connecticut (Mr. SHAYS). the desk. $100,000 or more on attorney’s fees be- Mr. SHAYS. Mr. Chairman, in our The CHAIRMAN. The Clerk will re- cause some bureaucrat in Washington legislation we do nothing to impact port the modification. might argue that, in the totality, argu- voter guides at all. But because there The Clerk read as follows: ably they violated the regulation? was a concern that we might, we put in Modification to Amendment No. 3 Offered I just want a clear test. Let me offer language that makes it a certainty by Mr. Doolittle: this from Buckley versus Valeo: that voter guides are allowed. They do The amendment is modified as follows: Page 16, strike line 9 and all that follows ‘‘Whether words intended and designed not come under the campaign law at through page 17, line 22 and insert the fol- to fall short of invitation would miss all. All these printed documents do not lowing: the mark is a question both of intent come under it. They are allowed. ‘‘(B) NONAPPLICATION TO PUBLICATIONS ON and effect. No speaker in such cir- What the gentleman from California VOTING RECORDS.—The term ‘express advo- cumstances safely could assume that (Mr. DOOLITTLE) is doing is using this cacy’ shall not apply with respect to any anything he might say upon the gen- as an opportunity to then eliminate communication which is in printed form or eral subject would not be understood the provision on sham issue ads. And posted on the Internet and which provides information or commentary on the voting by some as an invitation. In short, the we cannot do that. Sham issue ads are record of, or positions on issues taken by, supposedly clear-cut distinction be- the vehicle in which corporations and any individual holding Federal office or any tween discussion, laudation, general labor unions bring big money into the candidate for election for Federal office, un- advocacy, and solicitation puts the ads. We call them ‘‘campaign ads,’’ as less the communications contains explicit speaker in these circumstances wholly they are, and they can still make their words expressly urging a vote for or against at the mercy of the varied under- voice heard through their campaign any identified candidate or political party.’’. standing of his harriers and con- ads. The CHAIRMAN. Without objection, sequently of whatever inference may be Mr. DAVIS of Florida. Mr. Chairman, the amendment is modified. drawn as to his intent and meaning. may I inquire who has the right to There was no objection. Such a distinction offers no security close. The CHAIRMAN. Pursuant to House for free discussion. In these conditions, The CHAIRMAN. The gentleman Resolution 283, the gentleman from it blankets with uncertainty whatever from Florida (Mr. DAVIS) has the right California (Mr. DOOLITTLE) and the may be said. It compels the speaker to to close, being a member of the com- gentleman from Florida (Mr. DAVIS) ‘‘hedge and trim’’ and, therefore, chills mittee. each will control 5 minutes. speech and, therefore, is unconstitu- Mr. DOOLITTLE. Mr. Chairman, I The Chair recognizes the gentleman tional. just love the circuitous reasoning here. from California (Mr. DOOLITTLE). Therefore, I ask for the adoption of The gentleman from Connecticut Mr. DOOLITTLE. Mr. Chairman, I this amendment. (Mr. SHAYS) just said they have no im- yield myself such time as I may con- Mr. Chairman, I reserve the balance pact whatsoever on these voter guides, sume. of my time. and then he went on to talk about Mr. Chairman, I offer this amend- Mr. DAVIS of Florida. Mr. Chairman, sham issue ads and how those are bad ment to make certain that the voter I yield 1 minute to the gentleman from and, of course, we have got to ban guides can be published without fear of Tennessee (Mr. WAMP), a leading expert sham issue ads. Well, the point is are hedging or the chilling of any speech, in bipartisan opposition to this amend- they sham issue ads or is this the con- which I believe will occur if we enact ment. stitutional right of people to speak? the law as it is proposed in the Shays- Mr. WAMP. Mr. Chairman, I thank Under Buckley versus Valeo and all Meehan bill. The Shays-Meehan bill the gentleman for yielding. the cases that have followed, this is takes a situation where it is a bright- Mr. Chairman, Yogi Berra once said, people having their constitutional line test; it is very clear what is and is ‘‘It is deja vu all over again.’’ And that right to speak. They are not subject to not permitted, and blurs it. is where I feel like we are today. We regulation by the FEC. And yet this They say that is not their intent to have been down this road. bill makes them subject to regulation prevent the voter guides. I believe that Under the leadership of a former arguably by causing them to hedge and we should enact my amendment so Member, Ms. Smith of Washington, trim and fashion their language in such that there is no doubt about what can this legislation pending before the a way that the federal czar cannot in- happen. Otherwise, the person making floor is very clear in exempting voter tervene and sanction them for things the speech is not really going to know guides from any of these provisions. that they said. and is subject to sanction by the Fed- But the big concern here is about All I am saying is let us have a eral Election Commission bureaucrats these political ads in the last 60 days of bright-line test so that nobody is in if he unknowingly steps over the line. the campaign. The warning that I doubt as to what the standard is. If Let me just quote from the Buckley would raise is candidates are losing and they say vote for or vote against or if decision. I think this goes right to the will lose control of the messages in in some way they convey that clearly heart of it. This is back in 1976 in the their own campaigns if the outside to vote for or vote against, that is pro- Buckley versus Valeo decision, which groups that run these ads in the final hibited and subject to regulation under has been repeatedly upheld by the 60 days do not declare who they are and the present law. courts in subsequent decisions. if they do not come under the same b 1630 ‘‘So long as persons and groups es- rules as candidates. chew expenditures that in express Candidates, all of their money, in- We do not want the situation, terms advocate the election or defeat come and expenses, are regulated. though, where the author of the voter of a clearly identified candidate, they These groups should be regulated in guide is subjectively determined, after are free to spend as much as they want the exact same way, no restriction on the fact, to have crossed that line. We to promote the candidate and his speech any different than a candidate. just think, why put people who are views.’’ I would be the last one to support American citizens exercising their con- I would like to ensure that that free- any restrictions in the ability to speak stitutional rights, why put them in dom continues unfettered. in the final 60 days of the campaign, jeopardy? For that reason, I object to Now, the authors of Shays-Meehan but the candidates must prevail. the present language. will tell us that, more or less, it is Mr. DOOLITTLE. May I inquire, Mr. Mr. Chairman, I am going to close okay to do but they just have got to be Chairman, how much time does each simply by saying, if, as is represented, viewed as a totality and there are some side have remaining. there is no intent to affect voter qualifications and so forth that they The CHAIRMAN. The gentleman guides, what is the matter with this make the test subjective, whereas now from California (Mr. DOOLITTLE) has 2 amendment? It just makes clear that it is clear. minutes remaining. The gentleman people can continue to do the voter And, as anybody knows, do they real- from Florida (Mr. DAVIS) has 4 minutes guides and not be subject to the Fed- ly want to get out there and engage in remaining. eral bureaucratic czar, to his whim, to H8240 CONGRESSIONAL RECORD — HOUSE September 14, 1999 make it clear, as is present law, that As to the question of the Constitu- The CHAIRMAN. The Clerk will re- they can continue to speak during tion, the test is essentiality. It is not port the modification. these campaigns. whether an actual word ‘‘vote for’’ or The Clerk read as follows: I ask for an ‘‘aye’’ vote. ‘‘vote against’’ is used which is what is Amendment No. 4, as modified, offered by Mr. DAVIS of Florida. Mr. Chairman, in the Doolittle amendment. It is what Mr. BEREUTER: I yield 30 seconds to the distinguished is the heart and soul of what you are The amendment is modified as follows: gentleman from Michigan (Mr. LEVIN). doing. If you are actually, in effect, Page 55, insert after line 6 the following: Mr. LEVIN. Mr. Chairman, Shays- urging that one should vote for or (e) PROHIBITION APPLICABLE TO ALL INDI- Meehan is clear about voter guides. against a candidate, well, then that VIDUALS WHO ARE NOT CITIZENS OR NATION- ALS OF THE UNITED STATES.—Section 319(b)(2) What the Doolittle amendment does is should be subject to the same regula- to essentially gut Shays-Meehan in of such Act (2 U.S.C. 441e(b)(2)) is amended tions as are applicable, under existing by striking the period at the end and insert- terms of sham issue ads. law, to hard dollar expenditures. In- ing the following: ‘‘, or in the case of an elec- The gentleman from California says deed, 10 years after Buckley versus tion for Federal office, an individual who is he wants a bright line so only certain Valeo, the Supreme Court said, in the not a citizen of the United States or a na- words would be covered. In first amend- FEC versus Massachusetts case, the tional of the United States (as defined in sec- ment instances, there are no bright test was essentiality and not just the tion 101(a)(22) of the Immigration and Na- lines in terms of free speech, that you words. This was 10 years after Buckley tionality Act).’’. can only use such words or you cannot. versus Valeo. The CHAIRMAN. Is there objection In terms of censorship, the Supreme I conclude by observing that restric- to the modification? Court standard does not have a bright tions on speech are permissible so that Mr. HOYER. Mr. Chairman, reserving line, allowing only this word or that others may speak. You can prohibit a the right to object, I just want to ask word. What the gentleman from Cali- bullhorn if it drowns out everybody the gentleman from Nebraska, as I un- fornia would do would be to gut the else. There are constitutional decisions derstand, this is simply a technical heart of this bill. Vote ‘‘no.’’ allowing limits on fighting words, slan- change and not a substantive change; Mr. DAVIS of Florida. Mr. Chairman, der, commercial speech, obscenity, am I correct? I yield the balance of my time to the antitrust communicating price infor- Mr. BEREUTER. If the gentleman distinguished gentleman from Cali- mation, group libel, speech causing a will yield, that is correct. Simply page fornia (Mr. CAMPBELL). and line number changes. The CHAIRMAN. The gentleman clear and present danger of violence, or shouting so loud that you do not allow Mr. HOYER. Mr. Chairman, I with- from California (Mr. CAMPBELL) is rec- anybody else to be heard. That is what draw my reservation of objection. ognized for 3 minutes. The CHAIRMAN. Without objection, Mr. CAMPBELL. I thank my good we are trying to do by saying that the modification is accepted. friend for yielding me this time. there should be reasonable limits on Mr. Chairman, my good friend from funding of ads, as there are in Shays- There was no objection. California’s amendment recognizes Meehan. The CHAIRMAN. Pursuant to House that an ad that says ‘‘vote against Con- The CHAIRMAN. The question is on Resolution 283, the gentleman from Ne- gressman Smith’’ is subject to regula- the amendment offered by the gen- braska (Mr. BEREUTER) and the gentle- tion. Suppose the following ad is run tleman from California (Mr. DOO- woman from Maryland (Mrs. MORELLA) by Congressman Smith’s Republican LITTLE), as modified. each will control 5 minutes. opponent in coordination with the Re- The question was taken; and the The Chair recognizes the gentleman publican National Committee. It says, Chairman announced that the noes ap- from Nebraska (Mr. BEREUTER). ‘‘Congressman Smith is a real bad Con- peared to have it. Mr. BEREUTER. Mr. Chairman, I Mr. DOOLITTLE. Mr. Chairman, I de- gressman because he voted against yield myself 2 minutes. mand a recorded vote. prayer in school.’’ Now, that is not (Mr. BEREUTER asked and was The CHAIRMAN. Pursuant to House using an explicit word expressly urging given permission to revise and extend Resolution 283, further proceedings on a vote against Congressman Smith. It his remarks.) the amendment offered by the gen- just says, ‘‘Congressman Smith is a Mr. BEREUTER. Mr. Chairman, the tleman from California (Mr. DOO- real bad Congressman because he voted foreign contributions prohibition LITTLE), as modified, will be postponed. amendment that this Member is offer- against prayer in school.’’ It is now in order to consider amend- I yield to the gentleman to tell me ing along with the distinguished gen- ment No. 4 printed in House Report tleman from Mississippi (Mr. WICKER) whether that would be permitted under 106–311. his amendment. will prohibit foreign individual cam- Mr. DOOLITTLE. Your remedy is not AMENDMENT NO. 4 OFFERED BY MR. BEREUTER paign contributions. It will, in other to bridge the freedom of speech but is Mr. BEREUTER. Mr. Chairman, I words, permit them for U.S. citizens to raise the limits on hard dollars so offer an amendment. and U.S. nationals. This legislation es- The CHAIRMAN. The Clerk will des- we do not have all this pressure for soft sentially was passed by the House on ignate the amendment. two occasions in the previous Congress, money issue ads. The text of the amendment is as fol- Mr. CAMPBELL. Mr. Chairman, once as a separate bill, H.R. 34, and lows: could we have a clearer admission of again, in precisely the same form as of- Admendment No. 4 offered by Mr. Bereu- fered today, as an amendment to the the loophole nature of the Doolittle ter: amendment? I yielded to the gen- Page 54, insert after line 22 the following: Shays-Meehan bill in the last Congress tleman to explain how he would handle (c) PROHIBITION APPLICABLE TO ALL INDI- by a recorded vote. this hypothetical and he does not han- VIDUALS WHO ARE NOT CITIZENS OR NATION- This Member reintroduced this legis- dle this hypothetical. ALS OF THE UNITED STATES.—Section 319(b)(2) lation because the situation remains In other words, I can run ads, coordi- of such Act (2 U.S.C. 441e(b)(2)) is amended the same. Many Americans believe that nated with my Republican Party, by striking the period at the end and insert- it is already illegal for foreigners to against a Democrat, a Democrat can ing the following: ‘‘, or in the case of an elec- make Federal campaign contributions. tion for Federal office, an individual who is run ads, coordinated with his or her not a citizen of the United States or a na- What happened allegedly in the last Democratic Party, against a Repub- tional of the United States (as defined in sec- presidential campaign related to con- lican that say, my opponent is a hor- tion 101(a)(22) of the Immigration and Na- tributions from supposedly resident rible person, my opponent is a terrible tionality Act).’’. foreign aliens raised this subject. The Congressman, Congresswoman, look at MODIFICATION TO AMENDMENT NO. 4 OFFERED problem for Americans who believe his or her record, it is awful, but so BY MR. BEREUTER that campaign contributions from for- long as you do not say ‘‘vote against,’’ Mr. BEREUTER. Mr. Chairman, I ask eign contributers is already illegal is it is okay. unanimous consent that a substitute that they are both right and wrong I could not imagine a more clear ex- amendment be made in order to deal about our current Federal election ample of a loophole, and that is the in- with the pagination and line problem laws. The fact of the matter is that tention of the amendment by my col- created by a change in pagination by under our current Federal election league from northern California. the Committee on Rules. laws, an individual does not have to be September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8241 a U.S. citizen to make campaign con- Many permanent residents operate system. We should remove the loophole tributions to Federal candidates. He or businesses that contribute enormously in the current law which allows for the she does not even have to be a U.S. na- to our economy. Others send their cit- possibility of foreign money funding tional. Under our current Federal elec- izen children to our schools. These in- our political discourse. tion laws, a person can make a cam- dividuals are concerned, involved mem- Mr. Chairman, I urge adoption of this paign contribution to candidates run- bers of each and every community in common sense amendment. ning for Federal office if that indi- which they live. This amendment Mrs. MORELLA. Mr. Chairman, I vidual is a permanent legal resident would have a chilling effect on their yield 1 minute to the gentleman from alien and is, in fact, residing in the political participation by severely hin- Michigan (Mr. DINGELL) to speak United States. This is not only an im- dering their ability to support a can- against this amendment which would proper provision, in my judgment, it is didate of their choice, which is a basic deny citizens in-waiting the oppor- not only what this Member would call freedom that is constitutionally guar- tunity to participate. a loophole in American law, it creates anteed. (Mr. DINGELL asked and was given such huge enforcement problems that The Supreme Court has ruled that permission to revise and extend his re- there really is no effective way to de- spending on campaigns is a form of marks.) Mr. DINGELL. Mr. Chairman, I com- tect and stop contributions from for- speech protected by the first amend- mend the gentlewoman, and I thank eigners who are not resident aliens by ment. Let us vote against this amend- her for yielding me this time. I want to status or who do not in fact reside in ment and allow these people their express affection and respect for the the United States. rights to participate in political cam- This Member believes that this situa- paigns by contributing. authors of the amendment and just simply say some years ago I was in tion is wrong, where foreigners affect Mr. BEREUTER. Mr. Chairman, I am favor of this, but I have gotten wiser, our elections, he believes that most pleased to yield 2 minutes to the dis- and this amendment is wrong. If my Americans would agree that it is tinguished gentleman from Mississippi colleagues are concerned about Ameri- wrong, and he believes that this is a (Mr. WICKER), the cosponsor of the cans or rather permanent residents problem begging for correction. amendment. To this Member it is a very simple Mr. WICKER. I thank the gentleman who have come here to live and to join proposition. If an individual wants to from Nebraska for yielding me this us, and they do not want them to have be fully involved in the American po- time. free speech, and they do not want to let Mr. Chairman, we have heard a little them have the other rights, then say litical process, then he or she must be- discussion earlier today about so-called so. come a citizen of the United States or ‘‘poison pill’’ amendments. Certainly I have heard a lot on the other side of be a U.S. national. If that person does this is not one of those poison pill the aisle about how this is about free not make the full commitment to this amendments. The House of Representa- speech and how gifts of money for cam- country by becoming a U.S. citizen or tives has voted on this issue twice in paign purposes are the exercise of free a U.S. national, then he or she should the past year, each time approving it speech. Correct. These people do al- not have the right to participate in our overwhelmingly. The first time it most everything that every American political system by making a campaign passed by a vote of 369–43 and the sec- citizen does. They serve in the Armed contribution and affecting the lives of ond time, during last year’s campaign Forces. As the gentlewoman men- American citizens. regulation debate, the House approved tioned, 20 percent of the Congressional Mrs. MORELLA. Mr. Chairman, I this measure by a margin of 282–126. As Medal of Honor recipients have been yield myself 2 minutes. legal immigrants or naturalized citi- Passage of this amendment that has these votes suggest, this is a common zens. They serve in our Army. They are just been offered would prevent lawful sense reform which has bipartisan sup- permitted to participate in our elective permanent residents from making cam- port. If you are not a United States cit- process, and they should be permitted paign contributions and expenditures izen, or a United States national, you to give money if they are legally resi- to Federal elections. I want to explain, should not be able to influence the dent. Mr. Chairman, what defines a legal per- electoral process. It is wrong and dan- Mr. Chairman, they should not be manent resident. These individuals rep- gerous to allow a potential to exist for permitted to do things which are im- resent approximately 4 percent of the undue foreign influence in electing proper, but I say give them the right to U.S. population. In fiscal year 1998, Federal officials. That is what the de- participate in the system in the degree 660,000 legal immigrants came to the bate on this amendment is about, that is full and proper. United States, according to the INS. undue foreign influence in our election Mrs. MORELLA. Mr. Chairman, I The vast majority of legal immigrants process. yield 30 seconds to the gentlewoman came to the United States to join close The American people have witnessed from Hawaii (Mrs. MINK). family members, to fill jobs that no in the last two Clinton-Gore campaigns (Mrs. MINK of Hawaii asked and was qualified U.S. citizen has taken after a breathtaking willingness to solicit given permission to revise and extend the job was advertised by the em- money from non-citizens. We have all her remarks.) ployer, and to escape persecution based seen the video of Vice President GORE Mrs. MINK of Hawaii. Mr. Chairman, on political opinion, race, religion, na- soliciting money from Buddhist monks I rise in opposition to this amendment tional origin or membership in a par- who had taken a vow of poverty. that is an unconscionable limitation of ticular social group. the freedom of persons legally admit- b I want to point out that these indi- 1645 ted as permanent residents to partici- viduals are integral stakeholders in our The Bereuter-Wicker amendment pate in the political process. What do society. They invest in, and they con- would address this problem by remov- we fear from these people? Are they a tribute to, our communities in count- ing any ambiguity in the law, ambigu- threat to our democracy? If this provi- less ways just as citizens do. Perma- ities which today allow foreign money sion becomes law, it will be challenged nent residents, or citizens-in-waiting, to be funneled through U.S. addresses. in the courts. A hundred law professors pay Federal taxes on their worldwide If a foreign national is dedicated to have written to all of us. It must be a income as well as State and local the ideals of the American democratic case of simply not knowing that per- taxes. And, moreover, permanent resi- system of government, then I encour- sons in this country are protected dents are required to register for the age him to become a United States cit- under the Constitution. Nowhere in the draft, and many of them in fact are izen. With the adoption of the Bereu- Constitution does it say that protec- veterans. Nearly 20,000 legal residents ter-Wicker amendment, not only could tions are only for citizens. are now serving voluntarily in our that person then invest their money in This amendment is absolutely a vio- armed forces. Moreover, more than 20 a candidate he believes in, but he could lation of the Constitution. percent of the Congressional Medal of actually vote for the candidate he was Mr. Chairman, I rise in opposition to the Be- Honor recipients in U.S. wars have contributing to. reuter-Wicker amendment to H.R. 417. been legal immigrants or naturalized We have heard much today about the Rules Committee Chair argued the need to Americans. importance of money in our political open up the electoral process and to restore H8242 CONGRESSIONAL RECORD — HOUSE September 14, 1999 confidence in our democracy. This amend- acterizations about undue foreign in- only shuts out legal permanent residents out ment shuts out from participating in our de- fluence. This is not about undue for- of the political process but threatens to silence mocracy over 10 million persons who have eign influence. This is about the viola- the voice of minority citizens all over the been legally allowed to enter our country as tion of constitutional rights for perma- United States. permanent residents, 20,000 of whom are cur- nent residents in order for them to par- There are numerous reasons why legal per- rently in the military. How is their money taint- ticipate more fully in the American manent residents immigrated to the United ed? How will the hardearned money of mil- process when many of their families States. Many come to the United States to join lions of taxpaying legal resident taint the elec- are already citizens. close family members; others immigrate to fill toral process? Mr. Chairman, I am in full support of H.R. jobs that no qualified American citizen has One hundred law professors have written to 417, the Shays-Meehan Bipartisan Campaign filled after the job was advertised. Presently, the Congress to advise that this prohibition Finance Reform Act, which is a true campaign we have about two million legal immigrants against contributions by legal residents is an finance reform bill. This legislation bans soft who are trying to become U.S. citizens. Unfor- unconstitutional violation of the rights of free money and bars foreign nationals from contrib- tunately, as a result of the two-year backlog at speech as defined by the Supreme Court. uting funds towards U.S. campaigns. the Immigration and Naturalization Service, This unconscionable amendment places on I would like to express my strong opposition this effort will take some time. Legal perma- the candidate the burden of ascertaining the to the Bereuter/Wicker amendment, which pro- nent residents should not be punished for this citizenship status of the person from whom hibits legal permanent residents from making fact. you are soliciting a contribution, and selling a financial contributions toward our political cam- The Bereuter/Wicker amendment would campaign fundraiser ticket. Picture a $10 Chili- paigns. subvert our political system by trying to pro- rice event. Whose money can you accept? First, and most importantly, this particular hibit legal permanent residents from contrib- Who will you ask whether they are citizens? amendment is an attack on the First Amend- uting to the campaigns of candidates, many of Will you ask a Mrs. Smith who sent in a ment right of legal permanent residents. These whom promise to better the educational stand- check? No? Why not? Because you assume residents, also known as ``citizens in training,'' ards of our children and to better our lives al- that Mrs. Smith is white and a citizen. If this are entitled to many of the same rights as together. same Mrs. Smith handed you a check at a American-born or naturalized American citi- Banning the legal immigrants' contribution fundraiser, and is a Chinese woman married zens. After all, unlike foreign nationals, legal will do nothing in helping to stifle foreign gov- to a Smith, will you ask her? The rule of the permanent residents pay taxes and are draft- ernments from funneling money into political law would require you to ask. If the contributor ed into the military. These permanent resi- campaigns. Foreign governments or other dis- turns out to be a legal resident, you could be dents are stakeholders in our society; they in- qualified donors need only use a citizen as a fined up to $5000 or go to jail for a year. vest in our community. Their children are and conduit, an action already prohibited under This is an unconscionable limitation of the will become citizens of the United States. current law. Therefore the banning of legal im- freedom of persons legally admitted as perma- By voting for this amendment, we are taking migrants' campaign contributions to stop for- nent residents to participate in the political an unfair and unconstitutional step towards eign governments' influence in our political process. What do we fear from these per- campaign finance reform. In Buckley versus process does not make sense. Instead, it in- sons? Are they a threat to our democracy? Valeo the Supreme Court ruled that campaign sinuates, in a discriminatory matter, that legal If this provision becomes law it will be chal- contributions are a form of speech protected permanent residents are more likely to make lenged in the Courts and it will be expunged under the First Amendment and subject to the illegal contributions than U.S. citizens. We as a violation of the Bill of Rights. Our Con- highest levels of judicial scrutiny. This ruling stitution guarantees all persons legally living in have no proof of that assumption. held that campaign contributions are a form of Last, but not least, I would like to urge my the United States all of the civil rights as in- protected speech. The Constitution applies not colleagues not to be diverted by the amend- alienable in a free and open democracy. only to U.S. citizens, but to all legal permanent I am devastated that the leaders of this de- ments to H.R. 417 that have emerged. Many residents of the United States. Ruling affirmed bate did not see fit to designate this amend- of these amendments will only work against all the same right for legal permanent residents. ment as a ``poison pill''. For me it is a Poison the reforms we wish to make. We need to Pill. If this amendment passes, I will vote The Supreme Court has held that legal resi- focus, instead, on the important issue at hand, against the bill as a whole. dents have the same rights accorded to citi- which is to make sure that all persons contrib- Mrs. MORELLA. Mr. Chairman, I zens under Yick Ho versus Hopkins in 1886. uting to political campaigns be legal residents. yield 45 seconds to the gentleman from In 1945, the Court reaffirmed its position in We need to limit the amount of soft money New Jersey (Mr. PALLONE). Briggs versus Wixon by stating that ``[f]reedom that people contribute under ``independent ex- Mr. PALLONE. Mr. Chairman, I rise of speech and press is accorded to aliens re- penditure.'' Let us do the right thing by voting in opposition to this amendment. I am siding in this country.'' Hence barring dona- for the Shays-Meehan Bipartisan Campaign concerned by the characterizations of tions from legal immigrants would be in viola- Finance Reform. By voting for H.R. 417, let us foreigner that supporters of this tion of their constitutional rights. The Supreme make sure that all legal permanent residents amendment have used, and I would Court has never approved a total ban on polit- and American citizens be allowed to contribute stress legal permanent residents are in ical expenditures or contributions from legal within the law and participate fully in our polit- this country legally. They have fol- permanent residents. ical process. lowed all the proper procedures and By banning the legal permanent residents Mrs. MORELLA. Mr. Chairman, I have played by the rules. For LPRs, from making campaign contributions, we are yield 15 seconds to the gentlewoman campaign contributions are the only also preventing these residents from partici- from Illinois (Ms. SCHAKOWSKY). form of political participation avail- pating in the political process. Legal perma- (Ms. SCHAKOWSKY asked and was able to them. nent residents should be able to voice their given permission to revise and extend Proponents of this amendment call support for candidates whom they believe will her remarks.) on immigrants to make the commit- make the United States a better place for Ms. SCHAKOWSKY. Mr. Chairman, if ment to the United States by becoming them and their children, who are generally legal permanent residents are good citizens. In fact, a significant number U.S. citizens. enough to pay taxes, to work in our of LPRs eager to take their places as Furthermore, this amendment will not only country and to serve in our military citizens are frustrated in their effort affect the rights of these residents, they will service, then we are certainly also by long backlogs at the INS. Their de- also affect the rights of other U.S. citizens. made better by their voice, and I would sire to get involved in the political Ethnicity will once again become an issue. urge defeat of this amendment. process as they await their citizenship Those American citizens with ethnic minority I rise to urge my colleagues to oppose the should be welcomed. backgrounds will be compelled to show proof Bereuter/Wicker amendment. Cutting legal Mrs. MORELLA. Mr. Chairman, I of citizenship when offering campaign con- permanent residents access to the political yield 15 seconds to the gentleman from tributions. This kind of action is discriminatory process is absolutely the wrong thing to do Guam (Mr. UNDERWOOD). and will make people of color more reluctant Legal permanent residents are immigrants (Mr. UNDERWOOD asked and was about participating in our political process. who have made the commitment to become given permission to revise and extend Passage of this amendment is in itself an in- citizens of the United States and are in the his remarks.) sult to the Asian Pacific American community, middle of the process towards full citizenship. Mr. UNDERWOOD. Mr. Chairman, as well as other minorities who are legal per- They have made the commitment, not only to basically there have been unfair char- manent residents. The Bereuter/Wicker not come to this country and make a better life for September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8243 themselves and their family but, through the our basic sovereignty, the ability to It is therefore ironic that those who want to goods and services, jobs and taxes that their rule ourselves, to protect our basic defeat the Shays-Meehan bill today and op- labors produce, they have made the commit- rights. pose efforts to reform campaign finance laws ment to make this country better for all of us. And I will also ask do my colleagues based on the argument that restrictions inhibit And they have given more than that. Legal remember on the campaign contribu- the exercise of free speech, are the first ones permanent residents are eligible for the draft, tion cards that colleagues and I and to lineup in favor of this amendment that will have served in the U.S. military and served others have to fill out in our cam- take away one form of free speech from legal with great distinction in defense of the rights paigns, it asks occupation? This permanent residents. that every American holds dear. Like immi- amendment does not discriminate I urge my colleagues to oppose this attempt grants for generations, they came to this coun- against the minorities as alleged in a to undermine the first amendment. try and participated and this country is much Dear Colleague letter. All we have to I urge my colleagues to fight against the better for it. do is have two blanks on a contribution type of ethnic discrimination that would surely The Bereuter/Wicker amendment, however, card which asks the following: Are you arise from adoption of such a provision. would limit their participation. The Bereuter/ a U.S. citizen? Are you a U.S. national? I urge my colleagues to support the full par- Wicker amendment says that legal permanent Then the burden of enforcement falls ticipation of legal permanent residents in our residentsÐpeople who we ask to put their life upon the complaint process against the political system, as we demonstrate what U.S. democracy truly means. on the lineÐaren't good enough to support the campaign under the FEC. Mr. WU. Mr. Chairman, I rise today in strong people who would put them on that line. This amendment constitutes a per- opposition to the amendment offered by Mr. That's wrong. If we are made better by their fectly reasonable approach. I urge my BEREUTER and Mr. WICKER. work, their taxes and their military service, colleagues to reserve the right to affect our elections to U.S. citizens and U.S. The gentleman from Nebraska seeks to si- then we are also made better by their voice. lence voices in America trying to speak out on I urge my colleagues to oppose this amend- nationals. Ms. ROYBAL-ALLARD. Mr. Chairman, I rise their own behalf, and on behalf of those who ment and allow legal permanent residents to can not speak for themselves. enjoy much needed reform of campaign fi- in opposition to the Bereuter-Wicker amend- ment which prevents legal permanent resi- The amendment would slam the door to po- nance reform just like we enjoy all that they litical participation and free speech right in the bring to our country. dents from making campaign contributions. At first glance, this amendment seems in- face of millions of legal residents. Mrs. MORELLA. Mr. Chairman, I Let us be perfectly clear: Legal permanent yield myself the balance of my time. nocuous. Why would we want anyone other than U.S. citizens to participate in our political residents are invited by the U.S. Government In my remaining 15 seconds I just to live permanently within our borders. They want to urge this body to recognize process? Legal permanent residents can't vote; why pay taxes, they are subject to the draft, and that these are lawful, permanent resi- should they be able to contribute to elections? they serve in the military. dents who are part of our communities. Hasn't it been proven through prosecutions There are over 10 million permanent legal They are our neighbors; they are part during the last several years that foreign na- residents in the United States. Many have of our work force. They engage in pro- tionals can't be trusted to participate in the come to this country fleeing persecution in ducing jobs for others, and I hope that election process? their homeland. we will vote against this amendment. First, legal permanent residents are tax-pay- Others have come to this country for the Legal residents should have the same rights ing residents of the United States. They are same reasons my own family did almost forty to make political contributions and expendi- also subject to the draft; in fact, more than years ago, seeking opportunity in a new land, tures as do American citizens. To bar legal im- 20,000 legal permanent residents are serving and hoping to be reunited with their families. migrants from showing support for the can- honorably at the present time in the U.S. Banning contributions by legal permanent didates of their choice would be like requiring Armed Forces. Many legal permanent resi- residents would have a chilling effect. It would them to sit out during a demonstration, or de- dents have filed for U.S. citizenship and are send a message to many communitiesÐpar- nying them the right to hold a rally in a park, merely waiting for a lengthy naturalization ticularly those rich with first generation Ameri- cansÐthat we do not value ``citizens in train- or banning them from running a political ad in process to be completed. a newspaper. This is hardly the message Second, legal permanent residents are al- ing.'' We here in this democratic body should about our first amendment freedoms we ready part of our political process. We count work to bring more people into our political should send to all ``citizens in training.'' Legal them in the census. They determine congres- system and encourage their full participation, immigrants, like U.S. citizens, want to support sional representation, and, in representing a candidates who they believe make America a not discourage civic engagement. state or a congressional district, a Member of I am also concerned that enforcing such a better place to live. Though legal immigrants Congress is entrusted with representing them cannot vote in the United States, they have a ban would cause other unintended problems. as well as U.S. citizens residing there. Imagine candidates and campaign workers try- substantial stake in our country, and should be Finally, the prosecutions of a few foreign na- ing to enforce such a ban by discouraging par- allowed their full first amendment rights to ex- tionals during the last few years prove nothing. ticipation from people who look ``foreign'' or press their views. In fact, they emphasize that we make an enor- A vote for this amendment is nothing more have ``foreign'' sounding names. mous mistake if we leap to such judgments Banning contributions from legal permanent than an attack on the first amendment rights about entire ethnic groups based on the illegal residents does nothing to address the real of legal immigrantsÐI urge my colleagues to and reprehensible deeds of a few. problem with our campaign finance system: vote ``no'' on the Bereuter-Wicker amendment. But discrimination is an important issue. the limitless flow of special interest money into Mr. BEREUTER. Mr. Chairman, I How would the proponents of this amendment yield myself the remainder of the time. political campaigns. enforce such a stipulation? We have to as- Denying the right of legal permanent resi- The CHAIRMAN. The gentleman sume that each and every campaign contrib- dents to participate in campaigns in equivalent from Nebraska is recognized for the re- utor would need to be queried about the sta- to selectively reducing their free speech rights. maining 1 minute. tus of their U.S. citizenship. Shays-Meehan already prohibits contribu- Mr. BEREUTER. First of all, there is And who is most likely to be queried at a tions from foreign nationals. Going beyond the nothing negative about the word ‘‘for- fund-raising event? Obviously, those with eth- language in Shays-Meehan only punishes tax eigner’’ as used here, and I would re- nic looks or those who speak broken English paying, law abiding people in our communities mind the gentleman from New Jersey or have an ethnic accent. and prohibits them from participating in the po- that I have used the term ‘‘permanent Ultimately, this amendment could inhibit the litical process. resident alien’’ frequently in my com- participation of ethnic Americans. What can- I urge my colleagues to vote ``no'' on the ments. didate or campaign worker would risk accept- Bereuter-Wicker amendment. I would also say the constitu- ing or soliciting a contribution from a person The CHAIRMAN. All time has ex- tionality of this matter has not been who looks foreign, speaks with an accent, or pired. ruled on by the courts; and I think has an ethnic name? The question is on the amendment, there is at least that many law profes- The Supreme Court has ruled that spending as modified, offered by the gentleman sors that would say that this kind of on campaigns is a form of speech and is pro- from Nebraska (Mr. BEREUTER). statutory limitation which we would tected by the first amendment. The first The question was taken; and the act upon here would be perfectly con- amendment applies to everyone living in the Chairman announced that the ayes ap- stitutional. This amendment goes to United States, not just U.S. citizens. peared to have it. H8244 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Mr. SHAYS. Mr. Chairman, I demand tionals. The status can be acquired American Samoa (Mr. a recorded vote. only by birth in American Samoa or by FALEOMAVAEGA’S) own constituents, The CHAIRMAN. Pursuant to House birth in a foreign country from par- could not contribute to his own cam- Resolution 283, further proceedings on ents, one or both of whom are U.S. na- paign. This great anomaly is some- the amendment, as modified, offered by tionals. thing that we share because those of us the gentleman from Nebraska (Mr. BE- Mr. Chairman, federal campaign law from Guam were American nationals, REUTER) will be postponed. currently specifies that U.S. citizens U.S. nationals, before 1950, and at that It is now in order to consider Amend- are permanent resident foreign nation- time the people of Guam became U.S. ment No. 5 printed in House Report als, may make contributions to can- citizens. 106–311. didates for federal office. This section As a U.S. territory, American Samoa AMENDMENT NO. 5 OFFERED BY MR. of law was enacted into law before and its people deserve the same con- FALEOMAVAEGA American Samoa had a congressional stitutional rights and privileges af- Mr. FALEOMAVAEGA. Mr. Chair- delegate in the U.S. House of Rep- forded to U.S. citizens, and although it man, I offer an amendment. resentatives. My concern is that if Con- may seem like this is an inherent right The CHAIRMAN. The Clerk will des- gress changes this section of the law of U.S. nationals which remains un- ignate the amendment. now while we know of the U.S. national challenged, sometimes those of us who The text of the amendment is as fol- problem, our action could be inter- represent territories know some things lows: preted to mean that Congress intended always fall through the cracks. Of Amendment No. 5 offered by Mr. to prohibit U.S. nationals from con- these in American Samoa there are FALEOMAVAEGA: tributing to federal elections. some 60,000 residents. Of these resi- Add at the end of title V the following new Mr. Chairman, this would cause a dents 80 percent are U.S. nationals. section (and conform the table of contents major problem in my district because, Moreover, there may be an additional accordingly): as I mentioned earlier, the vast major- 150 to 200,000 U.S. nationals living in SEC. 517. CLARIFICATION OF RIGHT OF NATION- ity of the residents of my congressional the U.S. mainland and throughout the ALS OF THE UNITED STATES TO MAKE POLITICAL CONTRIBUTIONS. district will be prohibited from con- world. Section 319(d)(2) of the Federal Election tributing to candidates running for fed- Mr. Chairman, I cannot stress enough Campaign Act of 1971 (2 U.S.C. 441e(d)(2)), as eral office, particularly the office of the significance of adding U.S. nation- amended by sections 506(b) and 511(a), is fur- delegate to the U.S. House of Rep- als to this bill, and I hope there is real- ther amended by inserting after ‘‘United resentatives. Moreover, the U.S. na- ly no opposition. States’’ the following: ‘‘or a national of the tionals residing in the States and other Mr. HOYER. Mr. Chairman, I yield United States (as defined in section 101(a)(22) territories in the United States, esti- myself such time as I may consume. of the Immigration and Nationality Act)’’. mated to be approximately 200,000 pa- Mr. Chairman, as the gentleman from The CHAIRMAN. Pursuant to House triotic Americans, would also be pro- Nebraska (Mr. BEREUTER), the sponsor Resolution 283, the gentleman from hibited from contributing. of the last amendment, indicated on American Samoa (Mr. FALEOMAVAEGA) Few U.S. nationals are aware of this this amendment, I think we all agree and a Member opposed each will con- problem and this distinction made in that the gentleman from American trol 5 minutes. federal campaign laws that many con- Samoa (Mr. FALEOMAVAEGA) has of- The Chair recognizes the gentleman tribute to candidates of the U.S. House, fered an amendment which all of us can from American Samoa (Mr. the U.S. Senate, and also those who and should support. Clearly we want to FALEOMAVAEGA). run for the U.S. presidency; and this express in the strongest possible terms (Mr. FALEOMAVAEGA asked and interpretation of the law could find that the residents of American Samoa was given permission to revise and ex- these candidates in violation of cam- are in fact included as U.S. citizens. tend his remarks.) paign laws for having received con- They are a full part of our country, and Mr. FALEOMAVAEGA. Mr. Chair- tributions from persons not authorized although they do not have every right man, I yield myself such time as I may under the law. of citizenship extended to them, Mr. consume. Mr. Chairman, I believe this is a FALEOMAVAEGA represents them ex- Mr. Chairman, I rise today in support technical correction to the law; and I traordinarily well here on the floor of of my amendment No. 5 to the Shays- know of no opposition, at least hope- this House. And we share his view that Meehan campaign finance reform bill, fully, and I do urge my colleagues to we ought to make it very clear that his H.R. 417. I want to thank the gen- support this amendment. constituents can in fact contribute, ex- tleman from California (Mr. DREIER), Mr. BEREUTER. Mr. Chairman, will ercise their speech rights by contrib- chairman of the Committee on Rules, the gentleman yield? uting to his campaign, and to such and the gentleman from Massachusetts Mr. FALEOMAVAEGA. I yield to the other campaigns as they choose, and I (Mr. MOAKLEY), the ranking Democrat gentleman from Nebraska. certainly know that I think on our side from the Committee on Rules, for mak- Mr. BEREUTER. Mr. Chairman, I there is unanimous support for his ing my amendment in order and for the think the gentleman has initially amendment, and I thank him for his gentleman from Connecticut (Mr. found this to be an appropriate prob- leadership on this very important SHAYS) and the gentleman from Massa- lem to solve. He has the solution. I point. chusetts (Mr. MEEHAN) for their sup- think this should be unanimously sup- Mr. BILBRAY. Mr. Chairman, will port of this amendment, which will en- ported, and I appreciate his representa- the gentleman yield? sure that the right of U.S. nationals to tion of U.S. nationals. Mr. HOYER. I yield to the gentleman make contributions in federal elections Mr. FALEOMAVAEGA. Mr. Chair- from California. is fully protected. man, I yield 1 minute to the gentleman b 1700 Mr. Chairman, I represent the terri- from Guam (Mr. UNDERWOOD). tory of American Samoa, the only U.S. Mr. HOYER. Mr. Chairman, absent Mr. BILBRAY. Mr. Chairman, I soil in the Southern Hemisphere. Per- anyone claiming time in opposition, I would just like to point out as some- sons born in American Samoa of U.S. ask unanimous consent to claim the body who was almost born in Guam by parents are given the status of U.S. na- time. a matter of days, I hear, frankly I want tionals. These individuals are nationals The CHAIRMAN. Is there objection to strongly support the amendment. of the United States but are not U.S. to the request of the gentleman from Let me point out, I appreciate my citizens. They hold permanent alle- Maryland? colleague, the gentleman from Amer- giance to the United States, serving There was no objection. ican Samoa (Mr. FALEOMAVAEGA), ar- the U.S. military, carry U.S. passports, Mr. UNDERWOOD. Mr. Chairman, I ticulating the position of birthright and have the same access to the United thank my colleague from American citizenship for United States citizens States as do U.S. citizens; but they are Samoa for yielding me the time. It is that parents who were obligated to loy- not foreign nationals or aliens. rather obvious that where current re- alty and allegiance earn the right of Approximately 80 percent of the resi- strictions remain in place that his own automatic status as American nation- dents of American Samoa are U.S. na- constituents, the gentleman from als for people born in American Samoa September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8245 or in other areas. This is something workers they represent for activities that (D) LIMITATION.—An action may be brought that I think we need to articulate and are not necessary to performing the duties of under this paragraph not later than 2 years need to point out, that his constituents the exclusive representative of the employ- after the date the employee knew or should in American Samoa have permanent ees in dealing with the employer on labor- have known that dues or fees were accepted management issues. These dues may be used or spent by a labor organization in violation allegiant responsibilities to the United to support political, social, or charitable of this section, except that such period shall States not temporary, like resident causes or many other noncollective bar- be extended to 3 years in the case of a willful aliens. gaining activities. Unfortunately, many violation. Resident aliens still have obligations workers who pay such dues or fees have in- (d) NOTICE.—An employer whose employees of loyalty and allegiance. They can be sufficient information both about their are represented by a collective bargaining tried for treason, but the residents of rights regarding the payment of dues or fees representative shall be required to post a no- American Samoa that fall under this to a labor organization and about how labor tice, of such size and in such form as the De- organizations spend employee dues or fees. partment of Labor shall prescribe, in con- category have permanent allegiance spicuous places in and about its plants and and can be tried for treason, can be (3) It is a fundamental tenet of this Nation that all men and women have a right to offices, including all places where notices to drafted, and have obligations and with make individual and informed choices about employees are customarily posted, informing those obligations I think we all agree the political, social, or charitable causes employees that any labor organization ac- comes the rights and the rights that they support, and the law should protect cepting payment of any dues or fees from an are articulated, at least from our point that right to the greatest extent possible. employee as a condition of employment pur- suant to an agreement authorized by Federal of view, and I think in this Congress, is (b) PURPOSE.—The purpose of this section is to ensure that all workers have sufficient law must secure from each employee prior, the right to be able to contribute to written authorization if any portion of such their representatives. information about their rights regarding the payment of dues or fees to labor organiza- dues or fees will be used for activities not Mr. FALEOMAVAEGA. Mr. Chair- necessary to performing the duties of the ex- man, I yield myself such time as I may tions and the uses of employee dues and fees by labor organizations and that the right of clusive representative of the employees in consume. all workers to make individual and informed dealing with the employer on labor-manage- ment issues. Mr. Chairman, I certainly want to choices about the political, social, or chari- (e) DISCLOSURE TO WORKERS.— thank my good friend, the gentleman table causes they support is protected to the (1) EXPENSES REPORTING.—Section 201(b) of from Maryland (Mr. HOYER) and the greatest extent possible. gentleman from California (Mr. the Labor-Management Reporting and Dis- (c) WRITTEN CONSENT.— closure Act of 1959 is amended by adding at BILBRAY) for their support and their (1) IN GENERAL.— the end the following new sentence: ‘‘Every comments concerning my proposed (A) AUTHORIZATION.—A labor organization labor organization shall be required to at- amendment. accepting payment of any dues or fees from tribute and report expenses in such detail as It might be of note to my colleagues an employee as a condition of employment necessary to allow members to determine that under the current law, the current pursuant to an agreement authorized by Fed- whether such expenses were necessary to immigration law of the United States, eral law must secure from each employee performing the duties of the exclusive rep- prior, voluntary, written authorization for resentative of the employees in dealing with if I could be more specific, a United any portion of such dues or fees which will States national is defined as someone the employer on labor-management issues.’’ be used for activities not necessary to per- (2) DISCLOSURE.—Section 201(c) of the who owes permanent allegiance to the forming the duties of the exclusive rep- Labor-Management Reporting and Disclo- United States but who is neither a cit- resentative of the employees in dealing with sure Act of 1959 is amended— izen nor an alien. That is exactly the the employer on labor-management issues. (A) by inserting ‘‘and employees required status of U.S. nationals as it currently (B) REQUIREMENTS.—Such written author- to pay any dues or fees to such organization’’ stands, and I do appreciate my good ization shall clearly state that an employee after ‘‘members’’; and may not be required to provide such author- friend from Nebraska (Mr. BEREUTER) (B) inserting ‘‘or employee required to pay ization and that if such authorization is pro- any dues or fees to such organization’’ after and all of the Members for their bipar- vided, the employee agrees to allow any dues tisan support of this proposed amend- ‘‘member’’ each place it appears. or fees paid to the labor organization to be (3) WRITTEN REQUESTS.—Section 205(b) of ment. used for activities which are not necessary the Labor-Management Reporting and Dis- Mr. Chairman, I yield back the bal- to performing the duties of exclusive rep- closure Act of 1959 is amended by adding at ance of my time. resentation and which may be political, so- the end the following new sentence: ‘‘Upon Mr. HOYER. Mr. Chairman, I yield cial, or charitable in nature. written request, the Secretary shall make back the balance of my time. (2) REVOCATION.—An authorization de- available complete copies of any report or The CHAIRMAN. The question is on scribed in paragraph (1) shall remain in ef- other document filed pursuant to section the amendment offered by the gen- fect until revoked. Such revocation shall be 201.’’. tleman from American Samoa (Mr. effective upon 30 days written notice. (f) RETALIATION AND COERCION PROHIB- (3) CIVIL ACTION BY EMPLOYEES.— ITED.—It shall be unlawful for any labor or- ALEOMAVAEGA F ). (A) LIABILITY.—Any labor organization The amendment was agreed to. ganization to coerce, intimidate, threaten, which violates this subsection or subsection interfere with, or retaliate against any em- The CHAIRMAN. It is now in order to (f) shall be liable to the affected employee— ployee in the exercise of, or on account of consider amendment No. 6 printed in (i) for damages equal to— having exercised, any right granted or pro- House Report 106–311. (I) the amount of the dues or fees accepted tected by this section. AMENDMENT NO. 6 OFFERED BY MR. GOODLING in violation of this section; (g) REGULATIONS.—The Secretary of Labor Mr. GOODLING. Mr. Chairman, I (II) the interest on the amount described in shall prescribe such regulations as are nec- offer amendment No. 6. subclause (I) calculated at the prevailing essary to carry out subsection (d) not later The CHAIRMAN. The Clerk will des- rate; and than 60 days after the enactment of this Act (III) an additional amount as liquidated and shall prescribe such regulations as are ignate the amendment. damages equal to the sum of the amount de- necessary to carry out the amendments The text of the amendment is as fol- scribed in subclause (I) and the interest de- made by subsection (e) not later than 120 lows: scribed in subclause (II); and days after the enactment of this Act. Amendment No. 6 offered by Mr. Goodling. (ii) for such equitable relief as may be ap- (h) EFFECTIVE DATE AND APPLICATION.— Strike section 501 and insert the following propriate. This section shall be effective immediately (and conform the table of contents accord- (B) RIGHT OF ACTION.—An action to recover upon enactment, except that subsections (c) ingly): the damages or equitable relief prescribed in and (d) pertaining to worker consent and no- SEC. 501. WORKER PAYCHECK FAIRNESS. subparagraph (A) may be maintained against tice shall take effect 90 days after enactment (a) FINDINGS.—The Congress finds the fol- any labor organization in any Federal or and subsection (e) pertaining to disclosure lowing: State court of competent jurisdiction by any shall take effect 150 days after enactment. (1) Workers who pay dues or fees to a labor one or more employees for and in behalf of— The CHAIRMAN. Pursuant to House organization may not, as a matter of law, be (i) the employees; or Resolution 283, the gentleman from required to pay to that organization any (ii) the employees and other employees Pennsylvania (Mr. GOODLING) and a dues or fees supporting activities that are similarly situated. Member opposed each will control 5 not necessary to performing the duties of the (C) FEES AND COSTS.—The court in such ac- exclusive representative of the employees in tion shall, in addition to any judgment minutes. dealing with the employer on labor-manage- awarded to the plaintiff, allow a reasonable The Chair recognizes the gentleman ment issues. attorney’s fee, reasonable expert witness from Pennsylvania (Mr. GOODLING). (2) Many labor organizations use portions fees, and other costs of the action to be paid Mr. GOODLING. Mr. Chairman, I of the dues or fees they collect from the by the defendant. yield myself 4 minutes. H8246 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Mr. Chairman, one author in general is not true of stockholders and corpora- truth about what Republicans were debate said that we must treat all in tions, and I said to that person, one has doing when they first took over the the same manner. That is exactly why to have an IQ of minus 10 to ever try to House, and as a result of that this is a I made this amendment in order. mix those apples and oranges. Obvi- payback not a paycheck protection. It This bill purports to codify an impor- ously as a stockholder, one has every has been rejected in the State of Cali- tant Supreme Court case dealing with right under the sun. They do not have fornia by voters. It has been rejected in workers’ rights; but unfortunately the to buy the stock. They can sell it the State of Oregon by voters, and it bill, in fact, takes a step backward and whenever they want to sell it. And they should be rejected in the House of Rep- would hammer into law an NLRB in- can object to what is being done, and resentatives. terpretation which has created a sys- they can vote in relationship to what Mr. HOYER. Mr. Chairman, still con- tem that is abusive to union members those who are using their money are trolling the time in opposition to this and would, in effect, nullify the Su- doing in relationship to that corpora- bill, I yield 1 minute to the gentleman preme Court’s decision. tion. So that is a silly, factitious argu- from Missouri (Mr. CLAY) the indi- My committee held six hearings on ment. vidual, I would say the chairman in the Beck decision, and what we heard It is very obvious to me, having lis- exile. I referred to the gentleman from over and over again from union work- tened to the debate, that we have an California (Mr. GEORGE MILLER) as the ers was that they strongly support awful lot of people here who want to go ranking member, but actually the their union but they believe that the back home and say: I voted for cam- ranking member is my chairman in union owes them the respect of asking paign reform. I do not care about the exile, as I said, one of the senior Mem- for their permission to spend money rights of union workers in 29 States. I bers of this House, who has done such beyond the purposes allowed in Beck. just voted, and I want everyone to extraordinary service to the Congress. My amendment creates a mechanism know I voted for campaign reform. It (Mr. CLAY asked and was given per- where one can truly implement the Su- does not matter whether it is good, mission to revise and extend his re- preme Court’s decision. bad, or indifferent. I voted for it. marks.) In Beck, the court held that workers Well, I do not want union rights to be Mr. CLAY. Mr. Chairman, I rise in cannot be required to pay for activities trampled in that manner and under opposition to this amendment offered beyond legitimate union functions. But that mentality. So I am going to, at by the gentleman from Pennsylvania our hearings showed that the Beck the appropriate time, ask to withdraw (Mr. GOODLING). By imposing unfair re- rights remain illusory, and that is be- my amendment and bring it to the strictions on labor unions, this amend- cause of NLRB interpretation. ment denies workers an effective voice floor as a stand-alone issue so that we Witnesses described the problems, in- in public affairs. This amendment de- can, as a matter of fact, protect those cluding not getting notice of their liberately destroys the right of workers union workers in 29 States and make Beck rights, procedural hurdles, nota- to determine for themselves the activi- sure that they have the right to deter- bly the requirement that one must ties of their own organizations. first resign from the union before dis- mine how their dues are used beyond The amendment makes a further puting any dues expenditure. what the Supreme Court said it could mockery of democratic principles by Now it is important to understand be used for. imposing these restrictions only on that in Beck the Supreme Court said Mr. Chairman, I reserve the balance groups, only one group, the unions. A that one does not have to pay those of my time. similar effort in the last Congress to Mr. HOYER. Mr. Chairman, I rise in dues for anything other than the nego- gag the voice of workers was soundly opposition to the amendment, and I tiating process. defeated by a vote of 166 to 246. Fifty- yield 1 minute to the gentleman from Again, the interpretation, as has two Republicans voted against this come down through the NLRB, says to California (Mr. GEORGE MILLER), the provision. these very people in 29 States, who distinguished ranking member of the Current law fully protects the rights must belong or can be required to be- Committee of Jurisdiction. of workers to refrain from joining the long to the union, must pay their union Mr. GEORGE MILLER of California. union or underwriting any union polit- dues, that they first must resign from Mr. Chairman, I rise in strong opposi- ical activity. This amendment adds the union in order to challenge the use tion to this amendment, and I am glad nothing to these protections. Instead, of their dues. At the same time, they to hear that the gentleman from Penn- it punishes workers by crippling their must continue to pay those dues; and sylvania (Mr. GOODLING) will withdraw ability to participate in politics and at the same time, the very people who the amendment after the debate. jeopardizing their ability to organize took their dues and used them as they I think that this amendment is pat- to litigate on their own behalf and even wished to use them now become the ently unfair to union members. It does to make charitable contributions. jury and the judge to determine wheth- deny them one of the benefits of orga- I urge Members to once again defeat er they get them back or whether they nization. It does deny them the ability this ill-conceived, anti-democratic at- do not get them back. to collectively organize and decide for tack on workers. Now, obviously there is something the purposes they are going to engage Mr. HOYER. Mr. Chairman, I yield wrong with that; and we are trampling in the electoral process within this 11⁄2 minutes to the distinguished gen- on the rights of union workers in 29 country; and, in fact, it does not treat tleman from Connecticut (Mr. SHAYS). States. them the same. It treats them very dif- Mr. SHAYS. Mr. Chairman, I thank Section 501 in this bill says it applies ferently than corporations. the gentleman from Maryland (Mr. only to nonmembers. That is right. It also recognizes that corporations HOYER) for yielding me this time. Workers must resign from the union in all the time vote either by a majority Mr. Chairman, when we drafted this order to be covered. or the boards of directors or the CEO bill, we wanted to be true to Beck. We Section 501 defines the dues pay- and others make decisions about cam- did not want it to be less. We did not ments that may be objected to, and paigns and political speech and issues want it to be more. We wanted it to be this is dangerous because what they do, that they are going to get involved in just what the Court said. they say expenditures in connection or they are not going to get involved What we had was a situation where with a Federal, State, or local election in. And they do it without the consent Harry Beck, who was an employee of or in connection with efforts to influ- of all of their members, all of their AT&T but was not a member of the ence legislation unrelated to collective shareholders, all of their workers, and Communications Workers of America, bargaining. all of the rest of that. And yet some- the CWA, objected to his agency fee Now, the definition infers that there how we are going to put that effec- also including political activity, and could be other ways that one could tively on the backs of working men and this ultimately was brought to the Su- take their money and use their money women. preme Court. And they said his polit- without their permission. So it be- I think what this really is, this has ical activity, since he was not a mem- comes a perversion. stuck in the craw of the other side of ber of the union, should not be covered Well, somebody in the press said to the aisle since a very effective cam- and he should only pay for true collec- me that would not be fair because that paign by organized labor to tell the tive bargaining. That is what the Beck September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8247 decision decided, and that is what we In the guise of reform, the Goodling Ms. ROYBAL-ALLARD. Mr. Chairman, I rise did in our bill. amendment undoes the balance in the strongest possible opposition to the This is not paycheck protection, but achieved by Shays-Meehan, which Goodling amendment to H.R. 417. we also didn’t think we needed pay- seeks meaningful campaign finance re- This amendment is yet another attempt to check protection because we eliminate form to rid the process of the abuse of cripple the ability of unions to effectively par- the sham issue ads and call them cam- soft money and restore the people’s ticipate in the political affairs of the nation and paign ads so one cannot use union dues voice in the electoral process. advocate on behalf of our working families. money. We eliminate soft money, I urge my colleagues to vote no on Mr. GOODLING's amendment, which is iden- which is the other way union monies Goodling and support Shays-Meehan. tical to the bill H.R. 2434, would require labor get into campaigns. So we thought The Goodling amendment represents an un- unions to obtain written authorization from all that was even more powerful than even precedented governmental intrusion into the union members before using any portion of paycheck protection. internal operations of labor organizations, with- union dues for political activities. This legisla- I have personal experience in this out a concomitant restriction on the commu- tion infringes on the right of workers to estab- legislation. My wife was a member of a nications of a corporation and its share- lish their own rules regarding union member- union, and her money was going to sup- holders. ship. In addition, the amendment imposes port a Democrat candidate for gov- b 1715 costly, crippling paperwork requirements and ernor and she supported the Republican effectively imposes a punitive tax on all union candidate. And she objected. They said, Mr. HOYER. Mr. Chairman, how much time do I have remaining? members. At the same time, however, the well, you are a member of the union; amendment does not require corporations to and this is what we are doing. So she The CHAIRMAN. The gentleman OYER) has 1 go through this cumbersome and costly proc- then said, well, then I resign from the from Maryland (Mr. H minute remaining. ess in order to obtain authorization from their union; I do not want this money to go Mr. HOYER. Mr. Chairman, I yield shareholders before using corporate funds for for candidates I do not support. myself the balance of my time. political activities. This is hypocrisy at its best. She ended up only paying the agency I rise in opposition to the Goodling Further, Mr. Chairman, this amendment is fee for collective bargaining, and her amendment. I would like to think my unnecessary. The U.S. Supreme Court has political contributions were refunded IQ is above minus 10. I think there is ruled that workers have the right to refuse to to her. an analogy. Yes, I can buy the stock contribute to their union's political activities. This is true to the Beck decision, and and yes, I can take the job, or yes, I This ruling is already incorporated into the text I encourage my colleagues to recognize can join the union or not join the of the Shays-Meehan campaign finance re- that. form bill. Mr. GOODLING. Mr. Chairman, I union. If I do not need the job, I can go Finally, not only is the Goodling amendment yield 30 seconds to the gentleman from someplace else. The fact of the matter is, Beck is in- bad policy, it is also a poison pill that, if North Carolina (Mr. BALLENGER), a passed, would ensure that this much-needed member of the committee. cluded in this legislation, as the gen- (Mr. BALLENGER asked and was tleman from Connecticut has said, ex- campaign finance bill would fail. Mr. Chairman, it is clear that this amend- given permission to revise and extend actly as the court ruled. The fact of the ment is not about ``paycheck protection for his remarks.) matter is, this legislation is an at- Mr. BALLENGER. Mr. Chairman, no tempt to make impotent the ability of workers.'' It is about the systematic disenfran- American can be forced to contribute unions to effectively represent the in- chisement of American workers such as our to political causes or campaigns with terests of their members and those teachers, nurses, police officers and factory which he or she disagrees except one whom they represent, members or not. workers. group, members of labor unions. I would suggest that we defeat this I urge my colleagues to defeat this harmful, Our committee had a hearing and amendment, but I am pleased that the hypocritical, and unnecessary amendment. heard from members of the U.S. Air- gentleman has decided to withdraw the Ms. WOOLSEY. Mr. Chairman, the Good- ways union in Charlotte, North Caro- amendment and that will not be nec- ling amendment is a clear attempt to silence lina. These men testified how that por- essary. I know the gentleman feels the voices of working women and men, to stop tion of their union dues went to fund strongly about his amendment, but we their participation in the political process. the campaigns of candidates who were feel equally strongly that this is not an Labor unions are voluntary democratic orga- pro-abortion, a stance that they con- amendment in the best interest of this nizations in which the members vote on the sidered deeply was against their Chris- bill or in the best interest of America’s union's political activitiesÐas in a democracy, tian beliefs. workers. the majority rules. We ought to stop it now, and we The CHAIRMAN. The gentleman But, what about private corporations which, ought to vote for the Goodling amend- from Pennsylvania (Mr. GOODLING) has by the way, outspent unions in the 1996 elec- ment. 30 seconds remaining. tions by 17 to 1? Mr. HOYER. Mr. Chairman, I yield 30 Mr. GOODLING. Mr. Chairman, I I notice that no one is suggesting that cor- seconds to the distinguished gentle- yield myself the balance of my time. porations need to get written permission from woman from Missouri (Ms. MCCAR- I want to make sure that we clarify their shareholders before they participate in THY). what was just said. The gentleman said the political process. (Ms. MCCARTHY of Missouri asked we have the right to join the union or The Goodling amendment will give corpora- and was given permission to revise and not. In 29 States, one does not have the tions an open line to the candidates while dis- extend her remarks.) right. In 29 States, to keep your job connecting the teachers, nurses, carpenters, Ms. MCCARTHY of Missouri. Mr. one must belong to the union, one truck drivers, firefighters, and other American Chairman, I thank the gentleman from must pay the dues; but if one wants to workers who count on their labor unions to Maryland (Mr. HOYER) for yielding me challenge them under the Beck deci- speak for them. this time. sion, one must resign from the union, This amendment must be defeated. Mr. Chairman, I rise in opposition to continue to pay one’s dues, and then Mr. GOODLING. Mr. Chairman, I ask the amendment offered by the gen- one is judged by the very people who unanimous consent to withdraw my tleman from Pennsylvania (Mr. GOOD- took their money. They are the judge amendment. LING). The amendment is deceptively and they are the jury if you get any- The CHAIRMAN. Is there objection entitled the Worker Paycheck Fairness thing back, but the harassment has to the request of the gentleman from Act but is more appropriately named been terrible. Pennsylvania? the Worker Gag Act. Let me tell my colleagues again, this There was no objection. The Shays-Meehan bill, of which I am is too important. This is too important SEQUENTIAL VOTES POSTPONED IN COMMITTEE a cosponsor, would ban soft money, as far as union workers in 29 States are OF THE WHOLE regulate phony issue ads on television, concerned. Their rights need to be pro- The CHAIRMAN. Pursuant to House and toughen disclosure requirements. tected, and we will bring that legisla- Resolution 287, proceedings will now Above all, Shays-Meehan is fair, bi- tion to the floor; and everybody will resume on those amendments on which partisan, even-handed reform legisla- have an opportunity to deal with it at further proceedings were postponed in tion. that particular time. the following order: H8248 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Amendment No. 1 offered by Mr. Capps Hoyer Pascrell Messrs. DUNCAN, BLUNT, and TAY- Capuano Hunter Pastor WHITFIELD of Kentucky; Amendment Cardin Inslee Payne LOR of North Carolina, Mrs. MYRICK, No. 2 offered by Mr. DOOLITTLE of Cali- Carson Isakson Pelosi and Mr. DICKEY changed their vote fornia; Amendment No. 3 offered by Mr. Castle Jackson (IL) Peterson (MN) from ‘‘no’’ to ‘‘aye.’’ DOOLITTLE of California; Amendment Chabot Jackson-Lee Petri So the amendment, as modified, was Clay (TX) Phelps No. 4 offered by Mr. BEREUTER of Ne- Clayton Jefferson Pickett rejected. braska. Clement John Pomeroy The result of the vote was announced The Chair will reduce to 5 minutes Clyburn Johnson (CT) Portman as above recorded. Coble Johnson, E. B. Price (NC) the time for any electronic vote after Condit Jones (OH) Quinn ANNOUNCEMENT BY THE CHAIRMAN the first vote in this series. Conyers Kanjorski Rahall The CHAIRMAN. Pursuant to House AMENDMENT NO. 1, AS MODIFIED, OFFERED BY Cook Kaptur Ramstad Resolution 283, the Chair announces Cooksey Kelly Rangel MR. WHITFIELD Costello Kennedy Regula that he will reduce to a minimum of 5 The CHAIRMAN. The pending busi- Coyne Kildee Reyes minutes the period of time within ness is the demand for a recorded vote Cramer Kilpatrick Reynolds which a vote by electronic device will on Amendment No. 1, as modified, of- Crowley Kind (WI) Rivers Cummings Kleczka Rodriguez be taken on each amendment on which fered by the gentleman from Kentucky Cunningham Klink Roemer the Chair has postponed further pro- (Mr. WHITFIELD) on which further pro- Danner Kucinich Rogers ceedings. ceedings were postponed and on which Davis (FL) Kuykendall Rothman Davis (IL) LaFalce Roukema AMENDMENT NO. 2, AS MODIFIED, OFFERED BY the noes prevailed by voice vote. Deal LaHood Roybal-Allard MR. DOOLITTLE The Clerk will designate the amend- DeFazio Lampson Rush The CHAIRMAN. The pending busi- ment, as modified. DeGette Lantos Sabo ness is the demand for a recorded vote Delahunt Larson Sanchez The Clerk designated the amend- DeLauro Latham Sanders on amendment No. 2, as modified, of- ment, as modified. Deutsch LaTourette Sandlin fered by the gentleman from California RECORDED VOTE Diaz-Balart Lazio Sawyer (Mr. DOOLITTLE) on which further pro- Dicks Leach Saxton The CHAIRMAN. A recorded vote has Dingell Lee Schakowsky ceedings were postponed and on which been demanded. Dixon Levin Scott the noes prevailed by voice vote. A recorded vote was ordered. Doggett Lewis (CA) Serrano The Clerk will designate the amend- Dooley Lewis (GA) Shays ment, as modified. The vote was taken by electronic de- Doyle Lipinski Sherman vice, and there were—ayes 127, noes 300, Edwards LoBiondo Sherwood The Clerk designated the amend- not voting 6, as follows: Ehlers Lofgren Shows ment, as modified. Emerson Lowey Skeen RECORDED VOTE [Roll No. 411] Engel Lucas (KY) Skelton AYES—127 English Lucas (OK) Slaughter The CHAIRMAN. A recorded vote has Eshoo Luther Smith (NJ) Armey Gutknecht Pombo been demanded. Etheridge Maloney (CT) Smith (WA) Baker Hansen Radanovich A recorded vote was ordered. Evans Maloney (NY) Snyder Ballenger Hastings (WA) Riley Ewing Manzullo Souder The CHAIRMAN. This is a 5-minute Barr Hayes Rogan Farr Markey Spence vote. Barton Hayworth Rohrabacher Fattah Martinez Spratt Bateman Herger Royce The vote was taken by electronic de- Filner Mascara Stabenow Bereuter Hill (IN) Ryan (WI) Fletcher Matsui Stark vice, and there were—ayes 123, noes 302, Biggert Hill (MT) Ryun (KS) Foley McCarthy (MO) Stenholm not voting 8, as follows: Bliley Hobson Salmon Forbes McCarthy (NY) Strickland Blunt Hoekstra Sanford [Roll No. 412] Ford McDermott Stupak Boehner Hostettler Scarborough Frank (MA) McGovern Tanner AYES—123 Bonilla Houghton Schaffer Franks (NJ) McHugh Tauscher Bono Hulshof Sensenbrenner Armey Fowler Pease Frelinghuysen McIntyre Taylor (MS) Brady (TX) Hutchinson Sessions Baker Gekas Peterson (PA) Frost McKinney Thompson (CA) Bryant Hyde Shadegg Ballenger Gibbons Petri Gallegly McNulty Thompson (MS) Burr Istook Shimkus Barr Goodlatte Pickering Ganske Meehan Thune Burton Jenkins Shuster Barton Gutknecht Pombo Gejdenson Meek (FL) Thurman Buyer Johnson, Sam Simpson Bateman Hansen Radanovich Gekas Meeks (NY) Tierney Callahan Jones (NC) Sisisky Bereuter Hastings (WA) Riley Gephardt Menendez Towns Calvert Kasich Smith (MI) Biggert Hayworth Rogan Gilchrest Metcalf Traficant Canady King (NY) Smith (TX) Bliley Hefley Rogers Gillmor Mica Turner Cannon Knollenberg Stearns Blunt Herger Rohrabacher Gilman Millender- Udall (CO) Chambliss Kolbe Stump Boehner Hill (IN) Royce Gonzalez McDonald Udall (NM) Chenoweth Largent Sununu Bonilla Hill (MT) Ryan (WI) Goode Miller, George Upton Coburn Lewis (KY) Sweeney Bono Hobson Ryun (KS) Goodlatte Minge Velazquez Collins Linder Talent Brady (TX) Hoekstra Scarborough Goodling Mink Vento Combest McCollum Tancredo Burton Hostettler Schaffer Gordon Moakley Visclosky Cox McCrery Tauzin Buyer Hulshof Sensenbrenner Goss Mollohan Walden Crane McInnis Taylor (NC) Callahan Hutchinson Sessions Graham Moore Walsh Cubin McIntosh Terry Calvert Istook Shadegg Granger Moran (KS) Wamp Davis (VA) McKeon Thomas Canady Johnson, Sam Shimkus Green (TX) Moran (VA) Waters DeLay Miller (FL) Thornberry Cannon Jones (NC) Shuster Green (WI) Morella Watkins DeMint Miller, Gary Tiahrt Chambliss Kasich Simpson Greenwood Murtha Watt (NC) Dickey Myrick Toomey Chenoweth King (NY) Smith (MI) Gutierrez Nadler Watts (OK) Doolittle Nethercutt Vitter Coburn Knollenberg Smith (TX) Hall (OH) Napolitano Waxman Dreier Norwood Weldon (FL) Collins Largent Souder Hall (TX) Neal Weiner Duncan Oxley Weldon (PA) Combest Latham Spence Hefley Ney Weller Dunn Packard Whitfield Cooksey Lewis (CA) Stump Hilleary Northup Wexler Ehrlich Paul Wicker Cox Lewis (KY) Sununu Hilliard Nussle Weygand Everett Pease Wilson Crane Linder Tancredo Hinchey Oberstar Wise Fossella Peterson (PA) Young (AK) Cubin McCollum Tauzin Hinojosa Obey Wolf Fowler Pickering Davis (VA) McCrery Taylor (NC) Hoeffel Olver Woolsey Gibbons Pitts DeLay McInnis Terry Holden Ortiz Wu DeMint McIntosh Thomas NOES—300 Holt Ose Wynn Dickey McKeon Tiahrt Hooley Owens Young (FL) Doolittle Metcalf Toomey Abercrombie Barrett (WI) Blumenauer Horn Pallone Dreier Miller (FL) Vitter Ackerman Bartlett Boehlert Dunn Miller, Gary Weldon (FL) Aderholt Bass Bonior NOT VOTING—6 Ehlers Nethercutt Weldon (PA) Allen Becerra Borski Hastings (FL) Porter Ros-Lehtinen Ehrlich Norwood Whitfield Andrews Bentsen Boswell Kingston Pryce (OH) Shaw English Oxley Wicker Archer Berkley Boucher Everett Packard Wilson Bachus Berman Boyd Fossella Paul Young (AK) Baird Berry Brady (PA) b 1739 Baldacci Bilbray Brown (FL) Messrs. GEJDENSON, ADERHOLT, NOES—302 Baldwin Bilirakis Brown (OH) Abercrombie Aderholt Andrews Barcia Bishop Camp LATHAM, and CUNNINGHAM changed Ackerman Allen Archer Barrett (NE) Blagojevich Campbell their vote from ‘‘aye’’ to ‘‘no.’’ September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8249 Bachus Graham Neal Wise Woolsey Wynn Rohrabacher Smith (TX) Tiahrt Baird Granger Ney Wolf Wu Young (FL) Royce Souder Toomey Baldacci Green (TX) Northup Ryan (WI) Spence Traficant NOT VOTING—8 Baldwin Green (WI) Nussle Ryun (KS) Stearns Vitter Barcia Greenwood Oberstar Delahunt Porter Salmon Salmon Stump Walden Barrett (NE) Gutierrez Obey Hastings (FL) Pryce (OH) Shaw Scarborough Stupak Watkins Barrett (WI) Hall (OH) Olver Kingston Ros-Lehtinen Schaffer Sununu Watts (OK) Bartlett Hall (TX) Ortiz Scott Sweeney Weldon (FL) Weldon (PA) Bass Hayes Ose b 1747 Sensenbrenner Talent Weller Becerra Hilleary Owens Sessions Tancredo Mr. SCOTT changed his vote from Whitfield Bentsen Hilliard Pallone Tauzin Shadegg Wicker Berkley Hinchey Pascrell ‘‘aye’’ to ‘‘no’’. Sherwood Taylor (NC) Wilson Berman Hinojosa Pastor So the amendment, as modified, was Shimkus Terry Wolf Berry Hoeffel Payne rejected. Shuster Thomas Young (AK) Bilbray Holden Pelosi Simpson Thornberry Bilirakis Holt The result of the vote was announced Young (FL) Peterson (MN) Smith (NJ) Thune Bishop Hooley Phelps as above recorded. Blagojevich Horn Pickett AMENDMENT NO. 3, AS MODIFIED, OFFERED BY NOES—238 Blumenauer Houghton Pitts MR. DOOLITTLE Boehlert Hoyer Pomeroy Abercrombie Gillmor Murtha Bonior Hunter Portman The CHAIRMAN. The pending busi- Ackerman Gilman Nadler Borski Hyde Price (NC) ness is the demand for a recorded vote Allen Gonzalez Napolitano Boswell Inslee Quinn on the amendment No. 3, as modified, Andrews Gordon Neal Boucher Isakson Rahall Baird Goss Obey offered by the gentleman from Cali- Baldacci Graham Olver Boyd Jackson (IL) Ramstad Baldwin Green (TX) Ose Brady (PA) Jackson-Lee Rangel fornia (Mr. DOOLITTLE), on which fur- Barrett (NE) Greenwood Owens Brown (FL) (TX) Regula ther proceedings were postponed and Brown (OH) Barrett (WI) Gutierrez Pallone Jefferson Reyes on which the noes prevailed by voice Bryant Jenkins Bass Hall (OH) Pascrell Reynolds Burr John vote. Becerra Hill (IN) Pastor Rivers Camp Johnson (CT) The Clerk will designate the amend- Bentsen Hilliard Payne Rodriguez Campbell Johnson, E. B. Bereuter Hinchey Pelosi Roemer ment, as modified. Capps Jones (OH) Berkley Hinojosa Phelps Rothman Capuano Kanjorski The Clerk designated the amend- Berman Hoeffel Pickett Cardin Kaptur Roukema ment, as modified. Berry Holden Pomeroy Carson Kelly Roybal-Allard Bilbray Holt Price (NC) Castle Kennedy Rush f Blagojevich Hooley Quinn Sabo Chabot Kildee RECORDED VOTE Blumenauer Horn Ramstad Clay Kilpatrick Sanchez Boehlert Houghton Rangel Clayton Kind (WI) Sanders The CHAIRMAN. A recorded vote has Bonior Hoyer Regula Clement Kleczka Sandlin been demanded. Borski Inslee Reyes Clyburn Klink Sanford A recorded vote was ordered. Boswell Jackson (IL) Rivers Coble Kolbe Sawyer The CHAIRMAN. This will be a 5- Boucher Jackson-Lee Rodriguez Condit Kucinich Saxton Boyd (TX) Roemer Conyers Kuykendall Schakowsky minute vote. Brady (PA) Jefferson Rothman Cook LaFalce Scott The vote was taken by electronic de- Brown (FL) John Roukema Costello LaHood Serrano vice, and there were—ayes 189, noes 238, Brown (OH) Johnson (CT) Roybal-Allard Campbell Johnson, E. B. Rush Coyne Lampson Shays not voting 6, as follows: Cramer Lantos Sherman Capps Jones (OH) Sabo Crowley Larson Sherwood [Roll No. 413] Capuano Kanjorski Sanchez Cardin Kaptur Sanders Cummings LaTourette Shows AYES—189 Cunningham Lazio Sisisky Carson Kelly Sandlin Aderholt Dickey Largent Castle Kennedy Sanford Danner Leach Skeen Archer Doolittle Latham Clay Kildee Sawyer Davis (FL) Lee Skelton Armey Dreier LaTourette Clayton Kilpatrick Saxton Davis (IL) Levin Slaughter Bachus Duncan Lewis (CA) Clement Kind (WI) Schakowsky Deal Lewis (GA) Smith (NJ) DeFazio Lipinski Baker Dunn Lewis (KY) Clyburn Kleczka Serrano Smith (WA) Ballenger Ehlers Linder Condit Klink Shays DeGette LoBiondo Snyder Barcia Ehrlich Lipinski Conyers Kucinich Sherman DeLauro Lofgren Spratt Barr English Lucas (KY) Coyne Kuykendall Shows Deutsch Lowey Stabenow Bartlett Everett Lucas (OK) Cramer LaFalce Sisisky Diaz-Balart Lucas (KY) Stark Barton Ewing Manzullo Crowley Lampson Skeen Dicks Lucas (OK) Stearns Bateman Fletcher McCollum Cummings Lantos Skelton Dingell Luther Stenholm Biggert Fossella McCrery Danner Larson Slaughter Dixon Maloney (CT) Strickland Bilirakis Fowler McHugh Davis (FL) Lazio Smith (MI) Doggett Maloney (NY) Stupak Bishop Gekas McInnis Davis (IL) Leach Smith (WA) Dooley Manzullo Sweeney Bliley Gibbons McIntosh Deal Lee Snyder Doyle Markey Talent Blunt Goode McKeon DeFazio Levin Spratt Duncan Martinez Tanner Boehner Goodlatte Metcalf DeGette Lewis (GA) Stabenow Edwards Mascara Tauscher Bonilla Goodling Mica Delahunt LoBiondo Stark Emerson Matsui Bono Granger Miller (FL) DeLauro Lofgren Stenholm Engel McCarthy (MO) Taylor (MS) Thompson (CA) Brady (TX) Green (WI) Miller, Gary Deutsch Lowey Strickland Eshoo McCarthy (NY) Bryant Gutknecht Mollohan Dicks Luther Tanner Etheridge McDermott Thompson (MS) Thornberry Burr Hall (TX) Moran (KS) Dingell Maloney (CT) Tauscher Evans McGovern Burton Hansen Myrick Dixon Maloney (NY) Taylor (MS) Ewing McHugh Thune Thurman Buyer Hastings (WA) Nethercutt Doggett Markey Thompson (CA) Farr McIntyre Callahan Hayes Ney Dooley Martinez Thompson (MS) Fattah McKinney Tierney Towns Calvert Hayworth Northup Doyle Mascara Thurman Filner McNulty Camp Hefley Norwood Edwards Matsui Tierney Traficant Fletcher Meehan Canady Herger Nussle Emerson McCarthy (MO) Towns Turner Foley Meek (FL) Cannon Hill (MT) Oberstar Engel McCarthy (NY) Turner Udall (CO) Forbes Meeks (NY) Chabot Hilleary Ortiz Eshoo McDermott Udall (CO) Udall (NM) Ford Menendez Chambliss Hobson Oxley Etheridge McGovern Udall (NM) Upton Frank (MA) Mica Chenoweth Hoekstra Packard Evans McIntyre Upton Franks (NJ) Millender- Velazquez Coble Hostettler Paul Farr McKinney Velazquez Frelinghuysen McDonald Vento Coburn Hulshof Pease Fattah McNulty Vento Frost Miller, George Visclosky Collins Hunter Peterson (MN) Filner Meehan Visclosky Gallegly Minge Walden Combest Hutchinson Peterson (PA) Foley Meek (FL) Walsh Ganske Mink Walsh Cook Hyde Petri Forbes Meeks (NY) Wamp Gejdenson Moakley Wamp Cooksey Isakson Pickering Ford Menendez Waters Gephardt Mollohan Waters Costello Istook Pitts Frank (MA) Millender- Watt (NC) Gilchrest Moore Watkins Cox Jenkins Pombo Franks (NJ) McDonald Waxman Gillmor Moran (KS) Watt (NC) Crane Johnson, Sam Portman Frelinghuysen Miller, George Weiner Gilman Moran (VA) Watts (OK) Cubin Jones (NC) Radanovich Frost Minge Wexler Gonzalez Morella Waxman Cunningham Kasich Rahall Gallegly Mink Weygand Goode Murtha Weiner Davis (VA) King (NY) Reynolds Ganske Moakley Wise Goodling Myrick Weller DeLay Knollenberg Riley Gejdenson Moore Woolsey Gordon Nadler Wexler DeMint Kolbe Rogan Gephardt Moran (VA) Wu Goss Napolitano Weygand Diaz-Balart LaHood Rogers Gilchrest Morella Wynn H8250 CONGRESSIONAL RECORD — HOUSE September 14, 1999 NOT VOTING—6 Oxley Sanford Tancredo b 1805 Packard Saxton Tauzin Hastings (FL) Porter Ros-Lehtinen Paul Scarborough Taylor (MS) Mr. MASCARA changed his vote from Kingston Pryce (OH) Shaw Pease Schaffer Taylor (NC) ‘‘no’’ to ‘‘aye.’’ Peterson (MN) Sensenbrenner Terry So the amendment, as modified, was b 1756 Peterson (PA) Sessions Thomas Petri Shadegg Thornberry agreed to. Mr. TALENT changed his vote from Phelps Sherman Thune The result of the vote was announced ‘‘no’’ to ‘‘aye’’. Pickering Sherwood Thurman as above recorded. Tiahrt So the amendment, as modified, was Pickett Shimkus f Pitts Shows Toomey rejected. Pomeroy Shuster Traficant PERSONAL EXPLANATION The result of the vote was announced Portman Simpson Turner as above recorded. Radanovich Sisisky Upton Mr. PORTER. Mr. Chairman, I regret that I Ramstad Skeen Visclosky was unavoidably detained in Chicago today on AMENDMENT NO. 4, AS MODIFIED, OFFERED BY Regula Smith (MI) Vitter MR. BEREUTER Reynolds Smith (NJ) Walden a family emergency. The CHAIRMAN. The pending busi- Riley Smith (TX) Wamp Had I been present, I would have voted yes Watkins ness is the demand for a recorded vote Roemer Smith (WA) on rollcall Nos. 408, 409 and 410. I would Rogan Souder Watts (OK) have voted no on rollcall Nos. 411, 412, and on the amendment No. 4, as modified, Rogers Spence Weldon (FL) offered by the gentleman from Ne- Rohrabacher Stabenow Weldon (PA) 413. I would have voted yes on rollcall No. Rothman Stearns Weller 414. braska (Mr. BEREUTER) on which fur- Whitfield ther proceedings were postponed and Roukema Stenholm The CHAIRMAN. It is now in order to Royce Strickland Wicker on which the ayes prevailed by voice Wise consider Amendment No. 7 printed in Ryan (WI) Stump House Report 106–311. vote. Ryun (KS) Stupak Wolf Young (AK) The Clerk will designate the amend- Salmon Sununu AMENDMENT NO. 7 OFFERED BY MR. CALVERT ment, as modified. Sandlin Sweeney Mr. CALVERT. Mr. Chairman, I offer an amendment. The Clerk designated the amend- NOES—181 ment, as modified. The CHAIRMAN. The Clerk will des- Abercrombie Frelinghuysen Moran (VA) ignate the amendment. RECORDED VOTE Ackerman Frost Morella Allen Gejdenson Murtha The text of the amendment is as fol- The CHAIRMAN. A recorded vote has lows: been demanded. Andrews Gephardt Nadler Baird Gilchrest Napolitano Amendment No. 7 Offered by Mr. CALVERT: A recorded vote was ordered. Baldwin Gonzalez Neal Add at the end of title V the following new Barrett (WI) Gutierrez Oberstar The CHAIRMAN. This will be a 5- section (and conform the table of contents minute vote. Becerra Hall (OH) Olver Berman Hill (IN) Ortiz accordingly): The vote was taken by electronic de- Berry Hilliard Ose SEC. 517. REQUIRING MAJORITY OF AMOUNT OF vice, and there were—ayes 242, noes 181, Bishop Hinchey Owens CONTRIBUTIONS ACCEPTED BY CON- not voting 10, as follows: Blagojevich Hinojosa Pallone GRESSIONAL CANDIDATES TO COME Blumenauer Hoeffel Pascrell FROM IN-STATE RESIDENTS. [Roll No. 414] Boehlert Holt Pastor (a) IN GENERAL.—Section 315 of the Federal AYES—242 Bonior Hooley Payne Election Campaign Act of 1971 (2 U.S.C. 441a) Borski Horn Pelosi is amended by adding at the end the fol- Aderholt Cubin Isakson Boyd Houghton Pombo Archer Cunningham Istook Brady (PA) Hoyer Price (NC) lowing new subsection: Armey Danner Jenkins Brown (FL) Hutchinson Quinn ‘‘(i)(1) The total amount of contributions Bachus DeLay John Brown (OH) Jackson (IL) Rahall accepted with respect to an election by a Baker DeMint Johnson, Sam Burton Jackson-Lee Rangel candidate for the office of Senator or the of- Baldacci Dickey Jones (NC) Capps (TX) Reyes fice of Representative in, or Delegate or Ballenger Duncan Kaptur Capuano Jefferson Rivers Barcia Dunn Kasich Resident Commissioner to, the Congress Cardin Johnson (CT) Rodriguez from in-State individual residents shall be at Barr Edwards Kelly Carson Johnson, E. B. Roybal-Allard Barrett (NE) Emerson Kildee Castle Jones (OH) Rush least 50 percent of the total amount of con- Bartlett English Knollenberg Clay Kanjorski Sabo tributions accepted from all sources. Barton Evans Kolbe Clayton Kennedy Sanchez ‘‘(2) If a candidate in an election makes ex- Bass Everett Kucinich Clyburn Kilpatrick Sanders penditures of personal funds (including con- Bateman Ewing Kuykendall Conyers Kind (WI) Sawyer tributions by the candidate or the can- Bentsen Fletcher LaFalce Coyne King (NY) Schakowsky didate’s spouse to the candidate’s authorized Bereuter Fossella LaHood Crowley Kleczka Scott Berkley Fowler Largent campaign committee) in an amount in excess Cummings Klink Serrano of $250,000, paragraph (1) shall not apply with Biggert Franks (NJ) Latham Davis (FL) Lampson Shays Bilbray Gallegly LaTourette Davis (IL) Lantos Skelton respect to any opponent of the candidate in Bilirakis Ganske Leach Davis (VA) Larson Slaughter the election. Bliley Gekas Lewis (CA) Deal Lee Snyder ‘‘(3) In determining the amount of con- Blunt Gibbons Lewis (KY) DeFazio Levin Spratt tributions accepted by a candidate for pur- Boehner Gillmor Linder DeGette Lewis (GA) Stark poses of paragraph (1), the amounts of any Bonilla Gilman Lipinski Delahunt Lofgren Talent Bono Goode LoBiondo contributions made by a political committee DeLauro Lowey Tanner of a political party shall be allocated as fol- Boswell Goodlatte Lucas (KY) Deutsch Maloney (NY) Tauscher Boucher Goodling Lucas (OK) Diaz-Balart Martinez Thompson (CA) lows: Brady (TX) Gordon Luther Dicks Matsui Thompson (MS) ‘‘(A) 50 percent of such amounts shall be Bryant Goss Maloney (CT) Dingell McCarthy (NY) Tierney deemed to be contributions from in-State in- Burr Graham Manzullo Dixon McDermott Towns dividual residents. Buyer Granger Markey Doggett McGovern Udall (CO) ‘‘(B) 50 percent of such amounts shall be Callahan Green (TX) Mascara Dooley McKinney Udall (NM) Calvert Green (WI) McCarthy (MO) deemed to be contributions from persons Doolittle McNulty Velazquez other than in-State individual residents. Camp Greenwood McCollum Doyle Meehan Vento Campbell Gutknecht McCrery Dreier Meek (FL) Walsh ‘‘(4) As used in this subsection, the term Canady Hall (TX) McHugh Ehlers Meeks (NY) Waters ‘in-State individual resident’ means an indi- Cannon Hansen McInnis Ehrlich Menendez Watt (NC) vidual who resides in the State in which the Chabot Hastings (WA) McIntosh Engel Millender- Waxman election involved is held.’’. Chambliss Hayes McIntyre Eshoo McDonald Weiner (b) REPORTING REQUIREMENTS.—Section 304 Chenoweth Hayworth McKeon Etheridge Miller, George Wexler Clement Hefley Metcalf of such Act (2 U.S.C. 434), as amended by sec- Farr Minge Weygand tions 103(c), 204, and 307, is further amended Coble Herger Mica Fattah Mink Wilson Coburn Hill (MT) Miller (FL) Filner Moakley Woolsey by adding at the end the following new sub- Collins Hilleary Miller, Gary Foley Mollohan Wu section: Combest Hobson Moran (KS) Frank (MA) Moore Wynn ‘‘(h)(1) Each principal campaign committee Condit Hoekstra Myrick of a candidate for the Senate or the House of Cook Holden Nethercutt NOT VOTING—10 Representatives shall include the following Cooksey Hostettler Ney Costello Hulshof Northup Forbes Lazio Shaw information in the first report filed under Cox Hunter Norwood Ford Porter Young (FL) subsection (a)(2) which covers the period Cramer Hyde Nussle Hastings (FL) Pryce (OH) which begins 19 days before an election and Crane Inslee Obey Kingston Ros-Lehtinen ends 20 days after the election: September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8251 ‘‘(A) The total contributions received by Americans all across this country. This sylvania and Delaware on a regular the committee with respect to the election practice comes at the expense of the basis and back over. It is almost impos- involved from in-State individual residents people the candidate is supposed to rep- sible to distinguish exactly where they (as defined in section 315(i)(4)), as of the last resent. When a candidate has to pri- are from, and it makes I believe a mat- day of the period covered by the report. ‘‘(B) The total contributions received by marily rely on money from people out- ter like this very complicated. the committee with respect to the election side their home State, they no longer The Shays bill calls for a study of involved from all persons, as of the last day need to listen to the needs and con- this, and I believe that we should go of the period covered by the report. cerns of their own constituents. with that. ‘‘(2)(A) Each principal campaign com- This amendment requires candidates Mr. Chairman, I reserve the balance mittee of a candidate for the Senate or the to raise at least half of the money for of my time. House of Representatives shall submit a no- their campaigns from their home Mr. CALVERT. Mr. Chairman, I yield tification to the Commission of the first ex- State. Through this simple require- 2 minutes to the gentleman from Penn- penditure of personal funds (including con- ment, we give all Americans a greater sylvania (Mr. ENGLISH). tributions by the candidate or the can- voice in the political process. Mr. ENGLISH. Mr. Chairman, I rise didate’s spouse to the committee) by which in strong support of the Shaw-Calvert the aggregate amount of personal funds ex- I introduced a similar amendment last year that received 147 votes. My amendment. pended (or contributed) with respect to the This key amendment requires can- election exceeds $250,000. colleague, the gentleman from Florida ‘‘(B) Each notification under subparagraph (Mr. SHAW), also submitted a similar didates to raise their money locally (A)— amendment last year that garnered 160 thereby aligning constituent and donor ‘‘(I) shall be submitted not later than 24 votes. interest. By requiring candidates to hours after the expenditure or contribution We brought the best of both bills to- raise 50 percent of their contributions which is the subject of the notification is gether today, working with the gen- within their home State, we not only made; and tleman from Florida (Mr. SHAW) and give the public a greater voice in elec- ‘‘(II) shall include the name of the can- our colleague from California (Mr. tions but also limit the power of Wash- didate, the office sought by the candidate, GALLEGLY). We combined my language ington special interests. and the date of the expenditure or contribu- This is a seminal change that should tion and amount of the expenditure or con- with the amendment of the gentleman tribution involved.’’. from Florida (Mr. SHAW) to address the be coupled with anti-bundling reforms (c) PENALTY FOR VIOLATION OF LIMITS.— concerns of Members about the con- to restrict gaming of PAC donor limits Section 309(d) of such Act (2 U.S.C. 437g(d)) is stitutionality of its provisions. and a requirement that half of a can- amended by adding at the end the following I also heard from a number of Mem- didate’s contributions come from an in- new paragraph: bers who are concerned about the dividual rather than PACs to achieve ‘‘(4)(A) Any candidate who knowingly and wealthy candidates abusing these pro- truly viable reform. willfully accepts contributions in excess of visions for their own advantages. These In considering campaign finance leg- any limitation provided under section 315(i) islation, we should consider the prac- shall be fined an amount equal to the greater are valid concerns, and we have amend- of 200 percent of the amount accepted in ex- ed the language accordingly. tical effects of the bill, not the stated cess of the applicable limitation or (if appli- Should a candidate face an opponent intentions of its proponents. By lim- cable) the amount provided in paragraph that uses more than $250,000 of their iting the ability of all candidates to (1)(A). own funds in a campaign, all can- raise money, Shays-Meehan rewards ‘‘(B) Interest shall be assessed against any didates would be exempt from this candidate committees with a broad, al- portion of a fine imposed under subparagraph amendment’s provision. ready-established donor base. (A) which remains unpaid after the expira- This amendment is common sense Specifically, incumbents, Shays-Mee- tion of the 30-day period which begins on the electoral reform, and I hope that every han is clearly the incumbent protec- date the fine is imposed.’’. Member will support it. tion bill in this debate. Because Shays- (d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect Mr. Chairman, I reserve the balance Meehan tilts the field to incumbents, to elections occurring after January 2001. of my time. this amendment is necessary to help Page 86, line 10, strike ‘‘(2 U.S.C. 437g(d)) is Mr. CASTLE. Mr. Chairman, I yield correct this fatal flaw by forcing in- amended’’ and insert the following: ‘‘(2 myself 1 minute. cumbents and challengers to raise half U.S.C. 437g(d)), as amended by section 517(c), Mr. Chairman, I do rise in opposition their money at home and compete on a is further amended’’. to this legislation. It is not quite as level playing field. Page 86, line 12, strike ‘‘(4)’’ and insert simple as it sounds. And it does sound, I urge all my colleagues and all true ‘‘(5)’’. I believe, good on its face. But the friends of campaign finance reform to The CHAIRMAN. Pursuant to House truth of the matter is there are those vote in favor of this amendment. How- Resolution 283, the gentleman from of us in small States, and I am one of ever, without additional perfecting California (Mr. CALVERT) and the gen- them, there are those that have border amendments, I, for one, cannot support tleman from Delaware (Mr. CASTLE) districts, which small States automati- Shays-Meehan this evening. And I feel each will control 5 minutes. cally have, so I am one of them, as bad about that. The Chair recognizes the gentleman well. And there are those who are from I hope this amendment is successful. form California (Mr. CALVERT). very poor districts throughout this Mr. CASTLE. Mr. Chairman, I yield 1 Mr. CALVERT. Mr. Chairman, I yield country who have problems raising minute to the gentleman from Massa- myself such time as I may consume. campaign funds. I am not in that cat- chusetts (Mr. FRANK). Mr. Chairman, I rise today to intro- egory, as Delaware is a relatively Mr. FRANK of Massachusetts. Mr. duce the Shaw-Calvert-Gallegly wealthy State. Chairman, I appreciate the honesty of amendment. It is a simple reform that When I first ran four terms ago for the gentleman from Pennsylvania. He would make candidates 100 percent ac- the Congress of the United States, I makes it clear he is against Shays- countable to the people they represent was out-spent by my opponent, not sig- Meehan, so he is for an amendment by controlling the source of campaign nificantly, but I was out-spent. He which would kill it. funds. raised at least 90 percent, probably a Here is one of the problems. We have, Unfortunately, some of our col- lot greater percentage, of his money in the first place, some very large leagues from Florida, including the from outside Delaware. We made a States, California. When the gentleman gentleman from Florida (Mr. SHAW), campaign issue out of it. It worked out from California, and two of the three have hurricane-force winds bearing just fine. And I understood what the sponsors are from California, talk down on their homes. Our prayers are process was. He was allowed to raise about how self-sacrificing they are with them and their constituents as that money and he could. going to be because they can only go they brace for Hurricane Floyd’s im- If we are going to carry this to the from San Diego to north of San Fran- pact. The gentleman from Florida (Mr. nth degree, we really should say that cisco, that is not very self-sacrificing SHAW) requested that I offer this no money should come from outside a compared to people from much smaller amendment in his absence. particular State. States. Too many candidates take their show Delaware has 800,000 people. Many of We have small States in this country on the road and sell themselves to the my constituents cross over into Penn- with ethnic diversity. Let us be very H8252 CONGRESSIONAL RECORD — HOUSE September 14, 1999 clear. Money and ethnicity are some- possible, for candidates to remain com- seeking a legitimate role in the polit- times correlated. And if we now tell Af- petitive if they represent low-income ical process. rican-American candidates in the districts, border or small geographic As far as this amendment is con- South, now that we have redistricting districts. cerned, as a Californian, a State that is rules from the Supreme Court that say When I rise to speak in Congress, I wealthy and supports its candidates, I that the districts have to be fairly represent more than the 11th Congres- urge my colleagues to vote against it. evenly balanced ethnically, if we tell sional District of Ohio. I represent the There will be no way we will have more candidates in Mississippi and South hopes and dreams of the descendants of women and more minorities in this Carolina and Alabama, these smaller a host of African Americans who were Congress if we pass this legislation. States, that the money has to be raised enslaved, beaten, hung, brutalized and This Congress will never look like in State, we are putting minority can- died, and are still underrepresented in America. I urge a ‘‘no’’ vote. didates at a significant disadvantage. the United States Congress. Mr. Chairman, I rise in strong support of the Because we know as a fact that wealth Their descendants, wherever they re- Shays-Meehan campaign finance reform bill. is not equally distributed, and we put side, should be able to contribute to The gentlemen are to be commended for their ethnic minority candidates at a dis- my campaign. When I rise to speak in leadership in bringing hope to the House that advantage. this House, I represent the United we will finally break the bonds between the Finally, as to incumbent protection, States as a whole. I recommend that a political process and big monied special inter- when we limit money to that State, we commission be appointed to study the ests. are increasing incumbent protection impact this provision would have on The Shays-Meehan campaign finance re- because the incumbent in a small State the ability of Members to raise suffi- form bill is the best opportunity America has to is far more likely to be able to raise cient funds when they represent low-in- end the corrupting influence of big money and the money. come, border and minority districts. to ensure that all Americans can participate Mr. CALVERT. Mr. Chairman, I yield Until such a commission is appointed, I and be heard by their elected officials without myself 15 seconds to answer the con- urge my colleagues in this House to money as the motivator. Real campaign fi- cern of the gentleman. vote ‘‘no.’’ nance reform is needed to accomplish this My amendment probably will not Mr. CALVERT. Mr. Chairman, I yield goal. even impact most candidates. Accord- 30 seconds to the gentleman from Cali- Unfortunately, an election system based on ing to the Congressional Research fornia (Mr. BILBRAY.) wealth and money distorts the political process Service, in 1996 only 8 percent of total Mr. BILBRAY. Mr. Chairman, I rise and adversely affects the civil rights of low-in- known receipts raised by Democratic as a strong supporter of Shays-Meehan. come Americans by allowing politicians and candidates for the House came from I was one of the original cosponsors. I fundraisers to dismiss or ignore their voices outside their State. A similar figure for rise as a representative of all the peo- and infringe on their voting rights. While first House Republican candidates was 7 per- ple in the 49th District of California. amendment concerns have been raised, civil cent. The supporters of true campaign fi- rights concerns must be addressed first. Mr. Chairman, I yield 30 seconds to nance reform in my district have come The Shays-Meehan bill includes a ban on my good friend, the gentleman from to me and said they want Shays-Mee- soft money at the Federal and State level; a the State of Michigan (Mr. SMITH). han passed, but they want a condition ban on foreign money entering the system; (Mr. SMITH of Michigan asked and that says at least half of your money tougher political advertising disclosure require- was given permission to revise and ex- should come from your State. The fact ments; mandatory electronic filing and internet tend his remarks.) is, these rules will apply to everyone posting of a candidate's Federal Election equally in the district that is being run b 1815 Commission reports; and establishment of a for. Commission to study further reforms to im- Mr. SMITH of Michigan. Mr. Chair- Now, there was a gentleman from prove our campaign finance system. man, I have introduced legislation that Massachusetts who said, ‘‘Why not When Washington, D.C. first was estab- actually bans PAC money from donat- make it district?’’ My constituents lished as America's capital, it was built on a ing to individual congressional cam- would like to have it district, but this swamp. It is still a swamp, a swamp dirtied by paigns and requires that congressional is a compromise. It is the minimum we the huge amounts of special interest money candidates raise 50 percent of the can do. Let us do true campaign fi- that pours in here and stacks the deck against money from within their own legisla- nance reform, pass Shays-Meehan, and the typical American seeking a legitimate role tive district. Having a requirement require half the money to come from in the political process. that 50% of contributions for a Member your State. I urge my colleagues to oppose all the poi- of Congress come from the State is rea- Mr. CASTLE. Mr. Chairman, I yield 1 son pill amendments and substitutes designed sonable. It moves us in the right direc- minute to the gentlewoman from Cali- to derail this measure. America needs real tion, and it helps make sure that con- fornia (Ms. PELOSI). campaign reform in the political process. Let's stituents are going to be represented, Ms. PELOSI. Mr. Chairman, I rise in support today's bipartisan campaign finance not special interests. opposition to this amendment because measure. Mr. Chairman, let's concentrate on con- I think it is an attempt to undermine Mr. CASTLE. Mr. Chairman, I yield stituent interests, not special interests. As the the Shays-Meehan campaign finance myself the balance of my time. great political reporter Theodore White wrote, reform bill. That bill is the best oppor- Mr. Chairman, we have heard the ar- ``The flood of money that gushes into politics tunity America has to end the cor- guments here. We do not have a very today is a pollution of democracy.'' I haven't rupting influence of big money and to long time to discuss this tonight. We accepted PAC contributions since I first ran for ensure that all Americans can partici- only have 10 minutes. The bottom line the Michigan state senate in 1982. Although I pate and be heard by their elected offi- is, I think there are some serious ques- knew I would always vote the way I felt was cials without money as the motivator. tions about this. I have raised some right regardless of who donated to my cam- Real campaign finance reform is need- about the small State problem that I paign, I also knew that it was equally impor- ed to accomplish this goal. Every sin- have, the border districts where the tant that my constituents had no doubts about gle one of us who comes to this body people you really know, such as in a how much PAC lobbyists might be influencing takes an oath of office to support and Kansas City situation, for example, my decisions. defend the Constitution against all en- right up in the border between two dif- Mr. CASTLE. Mr. Chairman, I yield 1 emies, foreign and domestic. The big- ferent States, those districts which are minute to the gentlewoman from Ohio gest enemy to our constitutional de- extraordinarily poor, represented often (Mrs. JONES). mocracy is campaign money. by minorities which need some help Mrs. JONES of Ohio. Mr. Chairman, I This city was built on a swamp over with respect to these circumstances. rise in strong opposition to the Shaw- 200 years ago. It has returned to being Let me just point out what is in the Calvert amendment. This bill requires a swamp, a swamp that is dirtied by Shays-Meehan bill, because I think be- candidates to raise 50 percent of their the huge amount of special interest fore everybody votes, they should un- contributions from their own State. money that pours in here and stacks derstand this, and that is simply this. This bill makes it difficult, if not im- the deck against the typical American It establishes a bipartisan commission September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8253 to study the impact of such concerns, that half of a candidate's contributions come Mr. SWEENEY. Mr. Chairman, I and I think it goes a long way toward from individuals rather than PAC's to achieve yield myself such time as I may con- addressing the problem of campaign fi- more meaningful reform. sume. I offer this amendment today to nance reform. This is what we need to In considering campaign finance legislation, strengthen the Nation’s election law do. we should consider the practical effects of the and bring a higher level of account- I think that the gentleman from bill, not simply the promises of its proponents. ability into the campaign process. California’s amendment raises a seri- By limiting the ability of all candidates to raise I believe there are, among other ous question, something perhaps we money, the Shays-Meehan proposal rewards things, two important goals of Federal should consider, but I do not think we candidate committees with broad, already es- election law. First, election laws level are ready to vote on it at this par- tablished donor files. The only committees the playing field for candidates run- ticular time and make it part of the with that type of donor file are incumbents. ning for office, offering access to the law of the United States of America. I Because the Shays-Meehan proposal tilts process to all Americans. The amend- think, indeed, it is something that we the field to incumbents, this amendment is ment I am offering today attempts to should continue to look at and should necessary to help correct this potentially fatal open up the process so that all can- continue to discuss, make some sort of flaw by forcing incumbents and challengers to didates have a chance to get the job de- professional determination if it is pos- compete on a level playing field. spite disadvantages in campaign re- sible; if so, what it should be. For now, I urge my colleagues to vote in favor of this sources. We want the best, the bright- this amendment should be defeated and amendment. However, without these additional est, the most qualified, to have a shot the Shays-Meehan bill should be amendments, I cannot support the passage of at winning a seat, not only those with passed. Shays-Meehan. access to either money or resources. Mr. CALVERT. Mr. Chairman, I yield The CHAIRMAN. The question is on Second, the reforms we are discussing myself the balance of my time. the amendment offered by the gen- today attempt to further distinguish Mr. Chairman, in closing, it is con- tleman from California (Mr. CALVERT). the political campaign activities from stitutional, it is common sense, it is The question was taken; and the official duties. constructive. I have been for this since Chairman announced that the noes ap- One of the issues we are addressing I have been in Congress. I am in my peared to have it. today is the perception among many fourth term. I was for this in my first Mr. CALVERT. Mr. Chairman, I de- Americans that the line between offi- term, and I am still for this. It is a mand a recorded vote. cial duties and campaigning has been blurred. Americans deserve not to have good idea. Give your citizens a greater The CHAIRMAN. Pursuant to House policy decisions so colored by political voice and vote for this amendment. Resolution 283, further proceedings on motives, especially when their tax dol- Mr. SHAW. Mr. Chairman, I rise today in the amendment offered by the gen- lars are involved. tleman from California (Mr. CALVERT) support of the Shaw-Calvert-Gallegly amend- Mr. Chairman, my amendment ad- ment to H.R. 417, the Bipartisan Campaign Fi- will be postponed. It is now in order to consider amend- dresses both of these objectives by lev- nance Reform Act of 1999. eling the playing field and separating ment No. 8 printed in House Report The Shaw-Calvert-Gallegly amendment is a political campaign activities from offi- 106–311. common sense solution to reforming our cur- cial duties. The proposal is simple and rent campaign finance laws. Our amendment AMENDMENT NO. 8 OFFERED BY MR. SWEENEY reasonable. If you are seeking elected would simply require candidates running for Mr. SWEENEY. Mr. Chairman, I offer office and you use government-owned Congress to raise and accept no less than 50 an amendment. property for campaign travel purposes, percent of the total contributions from within The CHAIRMAN. The Clerk will des- you must fully reimburse the American the State they represent. ignate the amendment. taxpayer. This will ensure that no can- Our amendment is simple and fair. It does The text of the amendment is as fol- didate is given an unfair advantage not tilt the playing field in favor or Republicans lows: over another. or Democrats. If affects rich and poor districts Amendment No. 8 offered by Mr. SWEENEY: Few people have access to govern- equally. Our amendment does, however, less- Amend the heading for title X to read as ment-owned vehicles, particularly en the huge advantage Washington insiders follows (and conform the table of contents military aircraft. Those that do should accordingly): have over challengers who do not have ac- be responsible for paying the full and cess to the out-of-state fundraising circuit. TITLE X—REIMBURSEMENT FOR USE OF actual cost of travel when campaign In the past, some congressional candidates GOVERNMENT PROPERTY FOR CAM- PAIGN ACTIVITY activities are involved. This amend- have raised as much as 95 percent of their ment will not only make the candidate Add at the end of title X the following new campaign funds from out-of-State donors. This more accountable to the taxpayer, but amendment would require that candidates section (and conform the table of contents accordingly): it also removes the unfair advantage should be financially supported at least in part SEC. 1002. REIMBURSEMENT FOR USE OF GOV- that any individual may hold over can- by the citizens they wish to represent. ERNMENT EQUIPMENT FOR CAM- didates without access to government Mr. Chairman, Members should spend more PAIGN-RELATED TRAVEL. transportation. time with the people that really count, namely Title III of the Federal Election Campaign This amendment also strengthens the the voters in our districts. We should show our Act of 1971 (2 U.S.C. 431 et seq.), as amended separation between campaign activi- constituents that we represent Main Street, not by sections 101, 401, 507, 510, 515, and 1001, is ties and official duties. Candidates who K Street. If you believe we should bring the further amended by adding at the end the use government-financed transpor- following new section: focus of fundraising back to the people we tation, while defending the practice, represent, then I urge you vote in favor of the ‘‘REIMBURSEMENT FOR USE OF GOVERNMENT often split hairs over what constitutes EQUIPMENT FOR CAMPAIGN-RELATED TRAVEL Shaw-Calvert-Gallegly amendment. campaigning versus official business. Mr. ENGLISH. Mr. Chairman, I rise in strong ‘‘SEC. 329. If a candidate for election for We have an obligation to make these support of the Shaw-Calvert-Gallegly amend- Federal office (other than a candidate who holds Federal office) uses Federal govern- activities separate and distinct. ment to H.R. 417. This key amendment re- ment property as a means of transportation The American public deserves to quires candidates to raise their money locally, for purposes related (in whole or in part) to know that every candidate using any thereby aligning constituent and donor inter- the campaign for election for such office, the government vehicle will not violate the ests. I have supported similar legislation in principal campaign committee of the can- public trust by traveling at taxpayer previous sessions of Congress. In fact, during didate shall reimburse the Federal govern- expense. We are free to run for office, the 105th Congress, I drafted a similar amend- ment for the costs associated with providing but as we all know here today, running ment to this one. the transportation.’’. for office is not free. Neither are we By requiring candidates to raise 50 percent The CHAIRMAN. Pursuant to House free to spend the taxpayers’ hard- of their contributions within their home State, Resolution 283, the gentleman from earned dollars unless, of course, your we not only give the public a greater voice in New York (Mr. SWEENEY) and the gen- campaign headquarters is some mili- elections, but also limit the power of Wash- tlewoman from New York (Mrs. tary jet. Freedom has its cost, running ington special interests. This change should MALONEY) each will control 5 minutes. for office has its cost, but let us not be coupled with antibundling reforms to restrict The Chair recognizes the gentleman confuse the two. One we gain at birth, gaming of PAC donor limits and a requirement from New York (Mr. SWEENEY). the other we must earn. H8254 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Mr. Chairman, I reserve the balance FEDERAL ELECTION COMMISSION, ernment-owned conveyance, which would in- of my time. OFFICE OF THE CHAIRMAN, clude Government-owned aircraft. those Mrs. MALONEY of New York. Mr. Washington, DC, May 14, 1991. cited herein are most pertinent in your in- Chairman, I yield myself such time as Hon. ROBERT E. WISE, JR., quiry and copies are enclosed for your ref- Chairman, Government Information, Justice and erence. I may consume. Agriculture Subcommittee, Committee on 11 CFR 106.3 pertains to allocation of cam- Mr. Chairman, I rise in strong opposi- Government Operations, House of Rep- paign travel expenditures with respect to tion to the Sweeney amendment. We resentatives, Washington, DC. campaigns for Federal office,other than pres- have an opportunity today to pass real DEAR MR. CHAIRMAN: this responds to your idential candidates who receive Federal campaign finance reform, but instead April 25, 1991, letter requesting information matching funds or grants for their campaign we are wasting our time on a mean- concerning the application of Federal elec- expenses. See, in particular, 11 CFR 106.3(e). spirited, petty, politically partisan tion law to the use of Government-owned 11 CFR 114.9(e) applies to the use of non- aircraft for political purposes. commercial corporate (or labor organization) charged amendment that has nothing Your letter cites 24 flights taken by the to do with real campaign finance re- aircraft for campaign travel in connection White House Chief of Staff on aircraft owned with a Federal election. It does not apply to form. by the Federal government that are listed as the campaign use of aircraft owned by the The goal of this amendment is to tar- ‘‘political’’ in nature. You state that the Federal government. get the First Lady by forcing her to chief of Staff or a campaign or political or- 11 CFR 9004.7 governs the allocation and pay for the full costs of her travel when ganization reimbursed the Department of payment of campaign travel expenditures by she flies on government planes. Mrs. Defense for these flights in the amount of presidential and vice presidential candidates Clinton is already following the same ‘‘coach fare plus one dollar.’’ You request a who accept Federal funding for their general summary of the law pertaining to political election campaigns. See, in particular, 11 FEC rules as all other candidates, rules travel on Government aircraft and also ask that require her to reimburse the gov- CFR 9004.7(b)(4) and (b)(5) with respect to use how the pertinent laws ‘‘would apply to the of Government-owned aircraft. ernment for the fair value of the trav- Chief of Staff’s travel as listed’’ in the enclo- 11 CFR 9034.7 governs the allocation and el. If this amendment were to pass, the sure submitted with your letter. payment of campaign travel expenditures by First Lady may be forced to abandon In addition, you are ‘‘interested in how a presidential candidate seeking nomination the security the Secret Service says Federal election law applies to the Presi- by a political party who has accepted Fed- she needs or face tremendous costs dent’s use of military aircraft for political eral matching funds for his or her primary that no candidate could afford. We purposes,’’ and whether the law applies dif- election campaign. See, in particular, 11 CFR ferently when the aircraft is used for polit- should not compromise her security for 9034.7(b)(4) and (b)(5) regarding use of Gov- ical purposes ‘‘by other personnel.’’ You fur- ernment-owned aircraft. political, partisan purposes. ther ask whether the ‘‘rules change’’ when The gentleman from New York’s I hope you will find this letter and the en- Government aircraft is used ‘‘in support’’ of closed materials helpful for purposes of your amendment would apply to all can- a Presidential candidate after he or she inquiry. If you have any other questions, didates, and I quote, other than a can- qualifies for Federal matching funds. please contact me or John Surina, our Staff In view of the requirements of the Federal didate who currently holds Federal of- Director. Election Campaign Act of 1971, as amended fice. So the gentleman from New York Sincerely yours, (‘‘the Act’’), it is not appropriate for me or JOHN WARREN MCGARRY, would exempt himself. He says that it the Commission to issue a ruling or opinion Chairman for the Fed- is okay to have two sets of rules, one of an advisory nature in response to your in- eral Election Com- for the current officeholders, himself, quiry. The advisory opinion procedure, as set mission. and another one for everyone else. It is forth in the Act, authorizes the Commission a double standard. It is a glaring loop- to give such an opinion only in response to Mr. Chairman, I reserve the balance hole. the written request of any person who de- of my time. I have a letter here from the chair of scribes his or her own prospective or ongoing Mr. SWEENEY. Mr. Chairman, I the Federal Election Commission activity, not that of another person. 2 U.S.C. yield myself such time as I may con- which I would like to place in the § 437f, 11 CFR 112.1(b). Any person who be- sume. I am confused by my colleague lieves that someone else may have violated and friend from New York and her posi- RECORD at the appropriate time which the Act may file a sworn complaint with the states clearly that no provision of cur- Commission presenting the alleged facts and tion. First I am confused because I do rent law covers incumbent travel, that related violations. 2 U.S.C. § 437g, 11 CFR not recall at any point in my opening only FEC regulations apply. 111.4. remarks mentioning the First Lady The gentleman from New York would Notwithstanding the inability to give such and her bid for the Senate seat in New like to undermine these regulations by official advice, we can respond to your re- York State. Although I will say that on passing a law that specifically exempts quest for general information as to those recess and throughout all of the travels provisions of the Act and Commission regu- that I have had in my district, a num- himself, other incumbents and creates lations that govern campaign travel on Gov- an enormous loophole. If the gen- ernment-owned aircraft for the purpose of in- ber of my constituents, in fact many of tleman from New York’s amendment is fluencing Federal elections, since the Com- my constituents, have raised concerns such a good idea for Mrs. Clinton, then mission has no jurisdiction over State elec- about the inequity that exists with an why do we not apply it to candidates tion law. individual who may or may not be a who rely on State and city transpor- First, the Act and the presidential public candidate using the resources of Air tation and State and city security funding provisions of the Internal Revenue Force One or a military jet to conduct when they run for Federal office? Or Code (26 U.S.C. §§ 9001–9042) are silent with what may or may not be a campaign. respect to any use of Government-owned air- But let me address and respond to better yet, why do we not apply it to craft by any person in connection with any the gentleman from New York and election for Federal office. the 1979 amend- some of the positions that my good Members of this body who may fly on ments to the Act did make clear that the use friend has taken. First, let me point corporate or commercial planes but are of appropriated funds of the Federal govern- out that the loophole that exists in the not required to reimburse the company ment would not result in a ‘‘contribution’ to current proposal, in the underlying or the government for the full cost of influence a Federal election because the Fed- bill, would be a loophole that would the plane? eral government is not a ‘‘person’’; only per- allow a candidate who is not defined as We should not open up a huge loop- sons are deemed to have the capacity to a public officer, which the First Lady make contributions under the Act. 2 U.S.C. certainly fits under, to use the re- hole in election law by punishing chal- §§ 431(8)(A), 431(11). The legislative history lengers and giving the gentleman from further indicates that misuse of appropriated sources for transporting back and forth New York and incumbents a free ride. funds is a violation of Federal law and sub- to conduct campaign activities. If we Campaign finance reform is supposed ject to enforcement by other agencies, not pass the underlying legislation, the to be about leveling the playing field, the Federal Election Commission. (report of President, the Vice President, other but here he is creating one standard for Committee on House Administration, Fed- Federal officials, including myself, everyone else and Mrs. Clinton and a eral Election Campaign Act Amendments of would not be able to use those re- very different standard for incumbents. 1979, H. Rep. No. 96–422, 96th Cong., 1st Sess. sources, not that I have that available 6, 7, 11 (1979).) It is petty, it is partisan, it is just Several Commission regulations govern ex- to me at this point in time, anyway, plain mean. penditures for campaign travel in connection but they would not be able to do that. I urge my colleagues to reject the with Federal elections and include provi- And the loophole that would exist Sweeney amendment. sions pertaining to campaign travel via Gov- would be one that would allow for a September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8255 continuation of that kind of use by a federal office. It could benefit every tions, prohibitions, or reporting require- candidate who does not fall under that Member of this House, but not those ments of this Act shall apply to any activity public officer definition. who challenge us. carried out through the use of the Internet Let me also talk about the issue of This amendment creates special pro- or to any information disseminated through tections for federal officeholders that the Internet. security and abandoning security and ‘‘(b) EXCEPTION.—Subsection (a) shall not you talk about red herrings being singles out the First Lady for bad apply to the solicitation or receipt of con- thrown out there. At no point and no treatment. It is bad policy, it is uncon- tributions. time do any of us advocate that secu- stitutional, it is petty, and it is ‘‘(c) INTERNET DEFINED.—The term ‘Inter- rity concerns as it relates to the First unchivalrous. It deserves to be voted net’ means the international computer net- Family or any other Federal official down. work of both Federal and non-Federal inter- who duly needs that kind of security be Mrs. MALONEY of New York. Mr. operable packet-switched data networks.’’. taken away from them. In fact, we all Chairman, I yield the balance of my The CHAIRMAN. Pursuant to House recall that it was just several years ago time to the distinguished gentleman Resolution 283, the gentleman from that Saddam Hussein and other Mid- from Maryland (Mr. HOYER), the leader Texas (Mr. DELAY) and a Member op- east terrorists threatened the life of of the Democratic party. posed each will control 5 minutes. The CHAIRMAN. The gentleman former President Bush. It was because The Chair recognizes the gentleman from Maryland (Mr. HOYER) is recog- we had strong security around former from Texas (Mr. DELAY). nized for 30 seconds. Mr. DeLAY. Mr. Chairman, I yield President Bush that we were able to Mr. HOYER. Mr. Chairman, I thank thwart that attempt. myself such time as I may consume. the gentlewoman from New York for Mr. Chairman, this amendment will b 1830 yielding this time to me. prevent the burdensome restrictions We ought to reject this amendment. I in no way intend to hinder the secu- and regulations in Shays-Meehan from This is a large issue which we are de- rity today or in the future of the First applying to the Internet. Shays-Mee- bating, campaign finance reform. The Family, and I suspect and I propose han will impose unprecedented free American public wants campaign fi- that because we require a full reim- speech restrictions and discussions on nance reform. bursement for the use of military jets We ought not to mire ourselves in the Internet. Chat rooms, e-mail and we are not diminishing in any capac- the petty politics, as the gentlewoman personal Web pages will all be regu- ity. In fact, we are not diminishing the indicated. The gentleman from Penn- lated by the Federal Government if opportunity for the First Lady or any- sylvania says he did not mention the Shays-Meehan, as drafted, becomes one else who has access to those vehi- First Lady. He did not have to. He can- law. cles to use them. That is a choice that not mention anybody else that this af- I want to take a minute to show my they will make, a choice that they will fects. He cannot mention anybody else colleagues how overreaching some of make in conjunction with the security that this affects right off the top of his these restrictions are. This Web site interests that they will have as well. head. Mr. Chairman, I know it, and my right here was created by an anony- Mrs. MALONEY of New York. Mr. colleagues know it. This is trying to mous, private person who supports the Chairman, I yield myself such time as make a petty political point to distract gentleman from Missouri (Mr. GEP- I may consume. our attention from a major reform bill. HARDT), the minority leader. The pur- Mr. Chairman, if the gentleman is so Reject this amendment. pose of this site is to tell other people certain that current officeholders are The CHAIRMAN. All time has ex- why DICK GEPHARDT and other Demo- already covered, I would ask him to pired. crats are good people. Simply put, this cite the specific provisions of election The question is on the amendment private citizen is exercising his first law that applies. Just tell me where in offered by the gentleman from New amendment rights to communicate. the Federal Election Act, and I will not York (Mr. SWEENEY). But under Shays-Meehan, this site yield, the gentleman may talk on his The question was taken; and the would violate the law. own time. It says that current office- Chairman announced that the ayes ap- First of all, the site clearly falls holders are blocked from using Govern- peared to have it. within the broad and burdensome ex- ment travel for political purposes, but Mr. HOYER. Mr. Chairman, I demand press advocacy definition in Shays. the challengers are not. I have a letter a recorded vote. Second, this person does not disclose from the Chair of the FEC which says The CHAIRMAN. Pursuant to House their name and address, which Shays- that no provision of current law covers Resolution 283, further proceedings on Meehan would require. And third, the it. the amendment offered by the gen- person has not submitted proper infor- Mr. Chairman, I yield 1 minute to the tleman from New York (Mr. SWEENEY) mation to the FEC concerning the gentlewoman from California (Ms. will be postponed. independent expenditure. LOFGREN), my good friend. It is now in order to consider Amend- Now I want my colleagues to look at Ms. LOFGREN. Mr. Chairman, this ment No. 9 printed in House Report this Web site. This is the Nazi Party partisan amendment is overtly aimed 106–311. home page that freely distributes its at the First Lady of the United States AMENDMENT NO. 9 OFFERED BY MR. DELAY hate and its filth across the Web. and no one else. Now candidates in Mr. DELAY. Mr. Chairman, I offer an Under Shays-Meehan, this site is not Government planes pay back the Gov- amendment. regulated. These hate mongers can dis- The CHAIRMAN. The Clerk will des- ernment for any part of their travel tribute their opinions under the protec- ignate the amendment. which is campaign related. If a can- tion of the first amendment without The text of the amendment is as fol- didate has to be guarded by the Secret lows: regulation. Service, the FEC accommodates that Now I find it very disturbing that an Amendment No. 9 offered by Mr. DELAY: in the cost calculation. That is the Insert after title XV the following new informational site like this private cit- right thing to do. title (and redesignate the succeeding provi- izen who supports the gentleman from A democratic Nation requires phys- sions and conform the table of contents ac- Missouri (Mr. GEPHARDT) will be regu- ical safety for public officials, and by cordingly): lated while this Nazi Web site can free- the way, keeping the First Family safe TITLE XVI—EXEMPTION OF INTERNET ly distribute its filth. What is the sense benefits us all. This dangerous amend- ACTIVITIES FROM REGULATION in this legislation? ment also violates the Constitution’s SEC. 1601. EXEMPTION OF INTERNET ACTIVITIES The Internet is a medium that allows equal protection clause. Federal can- FROM REGULATION UNDER FECA. individuals to engage in political dis- didates who are not officeholders would Title III of the Federal Election Campaign course without regulation. I believe we Act of 1971 (2 U.S.C. 431 et seq.), as amended pay, but not candidates who are al- by sections 101, 401, 507, 510, 515, 1001, and should encourage this dialogue, not ready elected. 1101, is further amended by adding at the end discourage it through burdensome reg- Mr. Chairman, that is a brand-new the following new section: ulations. Citizens should not be forced loophole for the in-crowd. The effect ‘‘EXEMPTION OF INTERNET ACTIVITIES to register their Web sites with the would be to repeal the repayment rule, ‘‘SEC. 330. (a) IN GENERAL.—Except as pro- Federal Government, and my amend- but only for those already elected to a vided in subsection (b), none of the limita- ment protects the rights of individuals H8256 CONGRESSIONAL RECORD — HOUSE September 14, 1999 who want to engage in political com- tleman would not do anything to dis- The DeLay amendment exempts ac- munication on the Internet. close the Red Chinese Communists tivities on the Internet from federal Even Democrat FEC Commissioner funding a huge campaign for a can- campaign finance laws. While pro- Karl Sandstrom supports this ap- didate for office in the United States, ponents say they are protecting the proach, stating that the best remedy provided they use the Internet loophole Internet and protecting political for questionable information is more which his amendment creates, and that speech, the DeLay proposal, if enacted, information, and our goal should be to is exactly the reason why we have dis- would endanger the Internet and stifle encourage, not discourage, this new closure. the voice of the average citizen. It is a form of political participation. Shays-Meehan does nothing to pro- step backwards; it is anti-reform. So, Mr. Chairman, I could not agree hibit free speech, but it does protect First, it creates a potentially huge more. We must defend the constitu- free speech by guaranteeing disclosure loophole through which big donors, tionally guaranteed freedom of speech, so that if the Red Chinese Communists corporations, and unions could pour and I urge my colleagues to oppose the are behind the gentleman from Mis- unlimited funds into Internet ad cam- burdensome Internet restrictions in souri (Mr. GEPHARDT) for president, a paigns to directly promote the election Shays-Meehan and support this free possibility which I do not entertain, it or defeat of a candidate. This would speech amendment. would be known by the people of the spread the disease of sham issue ads Mr. Chairman, I reserve the balance United States. from the TV to the Internet. of my time. What is going on in this amendment Second, the DeLay amendment opens Mr. DAVIS of Florida. Mr. Chairman, is absolutely clear. Just read it. It says a loophole that would allow State par- I rise to claim the time in opposition ‘‘Except as provided in subsection (b),’’ ties to suspend unlimited amounts of to the amendment. which deals with fund-raising, ‘‘none of soft money on Internet activities to in- The CHAIRMAN. The gentleman the limitations, prohibitions or report- fluence federal elections. from Florida (Mr. DAVIS) is recognized ing requirements of this Act shall apply Third, the DeLay amendment could for 5 minutes. to any activity carried out through the undermine the FEC’s authority to re- Mr. DAVIS of Florida. Mr. Chairman, use of the Internet,’’ [emphasis added] quire mandatory electronic filing of I yield 2 minutes to the gentleman Not even the reporting requirements campaign reports. That is hardly in the from California (Mr. CAMPBELL). would apply. spirit of full disclosure so strongly ad- Mr. CAMPBELL. Mr. Chairman, I I think I was asked to speak on this vocated by the majority whip. would like to begin, if my colleague because my district cares more about Despite the claims of the DeLay pro- would promise to be brief in his re- the Internet, I suspect, than the aver- ponents, Shays-Meehan specifically al- sponse, with a colloquy with the distin- age, but fair is fair. If the means of dis- lows nonpartisan voter guides to be guished majority whip. Do I take him semination are to be controlled, the distributed on the Internet as well as to say that he would like to impose Internet should be covered no more and other venues. Despite the claim of regulation on that Nazi website? no less. DeLay proponents, the Shays-Meehan Mr. DELAY. Mr. Chairman, will the Mr. DELAY. Mr. Chairman, I yield 1 reform bill does not impose restric- gentleman yield? minute to the gentleman from Cali- tions on users of e-mail or Internet Mr. CAMPBELL. I yield to the gen- chat rooms. Political discussion there tleman from Texas. fornia (Mr. DREIER). Mr. DREIER. Mr. Chairman, I rise in is as protected and cherished as it is in Mr. DELAY. Absolutely not. I am for the corner barber shop or a neighbor’s free speech, and I want open and free strong support of this amendment. As a general policy, the Government should living room. Shays-Meehan does not re- speech. quire people to list their Web sites with Mr. CAMPBELL. Reclaiming my not try to control or regulate the Internet, and I think most of the 90 the Federal Government. time then, the gentleman’s point about Mr. Chairman, the Internet is grow- the unfair treatment is really not very million Americans who send e-mail or surf the Web would totally agree with ing at an exponential rate. Congress based in fact in that he would have no thus far has taken a hands-off policy to regulation of either website. He point- us on this. Last year we overwhelmingly ap- let the Internet grow and flourish. The ed out that perhaps the Nazi site DeLay amendment, however, could un- should be regulated. proved the Internet Tax Freedom Act. We were wise enough to allow com- dermine the freedom of the Internet by Mr. DELAY. If the gentleman would making it the favored conduit for spe- yield, I never said that. merce on the Web to grow and flourish unfettered by Government interference cial interests to fund soft money and Mr. CAMPBELL. Mr. Chairman, I stealth issue ads into federal cam- will allow the gentleman from Texas to before trying to tax or control it, and I believe that keeping Government bu- paigns. correct it as I ask him the second ques- Let us not poison the Internet and reaucracies out of the business of regu- tion. poison our democracy with this poison lating political speech on the Web is a First off, let me just suppose for a pill. moment this Gephardt For President very important thing for us to do. web ad was paid for by the Red Chinese This is not a partisan statement at b 1845 Communists. They put this money to all. In fact, a Democratic commis- Mr. DELAY. Mr. Chairman, I yield put this ad on the web, and as I under- sioner of the Federal Election Commis- myself such time as I may consume. stand it, the gentleman’s position sion recently said the Internet changes Mr. Chairman, in introducing the would be that nobody would know that politics. On the Internet every woman chairman of the Internet Caucus, the this was financed by the Communists and man is a potential publisher. One gentleman from Virginia (Mr. GOOD- in China—or similarly banner ads on need only visit the Web page of a so- LATTE), I would just say the Internet is the web that they can put on at huge phisticated high school student to see pure free speech. That is what makes it expense, spending say, $10 million. how slim a technical advantage media a powerful force for freedom around the Is that correct? Do I understand the giants enjoy. world and here in the United States. gentleman’s position. The Government should not involve Mr. Chairman, I yield 1 minute to the Mr. Chairman, I continue to yield to itself in regulating free speech, and I gentleman from Virginia (Mr. GOOD- the gentleman from Texas. believe that support of this amendment LATTE). Mr. DELAY. If the gentleman will is the most responsible thing that we Mr. GOODLATTE. Mr. Chairman, I yield, first of all, I think it is a spe- can do. thank the gentleman from Texas (Mr. cious argument because I do not know Mr. DAVIS of Florida. Mr. Chairman, DELAY) for yielding and for offering how we would require the Chinese to I yield 2 minutes to the distinguished this amendment, which I urge my col- file with the FEC, number one; and it gentleman from Maine (Mr. ALLEN). leagues to support. just points out how when we seek regu- Mr. ALLEN. Mr. Chairman, I rise in Mr. Chairman, the Internet has the lating free speech, how complicated it strong opposition to the DeLay amend- potential to be a revolutionary force in can get. ment. It is a poison pill that jeopard- the evolution of our system of demo- Mr. CAMPBELL. Reclaiming the izes today’s bipartisan effort to reform cratic governance. The ability of citi- time, it is apparent to me that the gen- our campaign finance system. zens to share information at relatively September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8257 little cost enables all Americans to be- The CHAIRMAN. The Clerk will des- of this bill is unconstitutional and that come active participants in the polit- ignate the amendment. is why they are opposed to my amend- ical process. The text of the amendment is as fol- ment. In response to the gentleman from lows: If the supporters of Shays-Meehan California (Mr. CAMPBELL), there is no Amendment No. 10 offered by Mr. Ewing: feel that their bill will stand the con- way to control what people outside the Strike section 1601 and insert the following stitutional test, then why should they U.S. put on the Internet any more than (and conform the table of contents accord- have any problem with supporting this the Chinese can control what U.S. citi- ingly): amendment? zens put on the Internet. SEC. 1601. NONSEVERABILITY OF PROVISIONS. Mr. Chairman, I reserve the balance For the gentleman to attempt to reg- If any provision of this Act or any amend- of my time. ulate some poor soul who wants to ment made by this Act, or the application Mr. FRANK of Massachusetts. Mr. thereof to any person or circumstance, is Chairman, I yield 2 minutes to the gen- have a web site promoting the gen- held invalid, the remaining provisions of this tleman from Missouri (Mr. GEPHARDT) Act or any amendment made by this Act tleman from California (Mr. CAMP- or any other American citizen running shall be treated as invalid. BELL). for office is an outrage, and we should In the heading for title XVI, strike ‘‘SEV- Mr. CAMPBELL. Mr. Chairman, I strongly support this amendment and ERABILITY’’ and insert ‘‘NONSEVER- have a great degree of admiration for protect free speech on the Internet. ABILITY’’ (and conform the table of contents my good friend and colleague who pro- Mr. DAVIS of Florida. Mr. Chairman, accordingly). poses this amendment. And I have I yield myself the balance of my time. The CHAIRMAN. Pursuant to House some sympathy for the concept of the The CHAIRMAN. The gentleman is Resolution 283, the gentleman from Il- amendment because, when the original recognized for 1 minute. linois (Mr. EWING) and the gentleman bill was passed in 1974, it had expendi- Mr. DAVIS of Florida. Mr. Chairman, from Massachusetts (Mr. FRANK) each ture limits and it had contribution lim- I think it is important to point out ex- will control 5 minutes. its. And I can understand how the two actly what the bill does. The bill does The Chair recognizes the gentleman would march together or not at all. not single out the Internet in any fash- from Illinois (Mr. EWING). But that simply is not the case with ion. It is for exactly the reasons that Mr. EWING. Mr. Chairman, I yield Shays-Meehan. were expressed by Mr. DELAY. He cited myself such time as I may consume. In other words, there is in Shays- a commissioner that said that the First and foremost, I support cam- Meehan a prohibition on sham issue Internet is going to bring about great paign finance reform. Leadership sup- ads. That is a good prohibition whether change. ports campaign finance reform. Both the rest stands or falls. There is in One of the arguments that is con- the gentleman from Connecticut (Mr. Shays-Meehan a prohibition on con- stantly made by the gentleman from SHAYS) and the gentleman from Massa- tributions of a soft money nature. That Virginia (Mr. GOODLATTE) and the gen- chusetts (Mr. MEEHAN) support cam- is a good prohibition whether sham tleman from California (Mr. DREIER) is paign finance reform. However, this de- issue ads stand or fall. In other words, that we should not take a snapshot of bate should center around real cam- this bill is unlike the 1974 bill where, in the Internet in an attempt to decide paign finance reform, reform that order to get expenditure limits, one exactly what is going on there. This is closes loopholes that have tainted the had to have contribution limits, and a very fluid situation. That is why it current system; reforms which treat vice versa. Here, both are good. There needs to be studied. That is exactly both political parties fairly; and re- is no quid pro quo. There is not, for ex- what the FEC is doing. They are study- forms that protect the First Amend- ample, a sacrifice that Democrats ing how the Internet is going to affect ment rights of all Americans. make in order to get a sacrifice for Re- politics, and it will be a positive force. My amendment is about preserving publicans to make. Both provisions of Meanwhile, we are here on the floor the First Amendment rights of all this bill, the sham issue ad ban and the of the House today debating the propo- Americans by enacting constitu- prohibition on soft money, are good. sition that if somebody is going to in- tionally accepted campaign finance re- Second, I think it is only fair that tend to influence the outcome of an form. the authors of Shays-Meehan be al- election, whatever medium they should In a hearing before the Committee on lowed to offer their proposal and have choose, they should have to stand up House Administration, constitutional it voted on as their proposal. and attach their name to anything experts from the ACLU to the Cato In- Third, I would just like to point out that they intend to say or do. stitute indicated that Shays-Meehan to all of our colleagues how frequently Those people that are ashamed of the was very seriously constitutionally unanticipated provisions of bills are political advertising that they are en- flawed. In fact, those witnesses be- struck down. The clearest example of gaged in today, so ashamed that they lieved that important elements of the this is the one House veto, the legisla- do not want to put their names on it, Shays-Meehan bill would be unconsti- tive veto, struck down by the Supreme will resort to any media to accomplish tutional. Court in INS versus Chadha. Nobody that dirty deed. We need to put it to a The proponents have indicated that anticipated that. That same provision stop. We need to adopt the issue ad re- Shays-Meehan is constitutional in all is in the laws about transfer of arms strictions in this bill. We need to de- its major provisions. Yet, if the Court sales. It is in the war powers resolu- feat this amendment. rules that any key provision of this bill tion. The war powers resolution, that The CHAIRMAN. The question is on is unconstitutional, this would put an allowed me to bring to the floor of the the amendment offered by the gen- unprecedented monkey wrench into our House the resolutions regarding tleman from Texas (Mr. DELAY). current system and make a bad situa- Kosovo, had another provision saying The question was taken; and the tion worse. that a single House could, by its order Chairman announced that the ayes ap- Congress went down this road in the alone, withdraw the troops. We would peared to have it. 1970s when it enacted laws without have lost the entire bill, the entire Mr. DAVIS of Florida. Mr. Chairman, nonseverability provisions. This cre- value, the entire ability to bring the I demand a recorded vote. ated the soft money problem we are vote to the floor, simply because an un- The CHAIRMAN. Pursuant to House trying to address today. anticipated part was held to be uncon- Resolution 283, further proceedings on My amendment says one simple stitutional. the amendment offered by the gen- thing. If any part of the Shays-Meehan Finally, I remain of the view that tleman from Texas (Mr. DELAY) will be bill is ruled unconstitutional, then the this bill is in all its parts quite con- postponed. entire bill becomes invalid. All the stitutional, but I recognize people of It is now in order to consider amend- Ewing amendment does is provide a goodwill can disagree. If one believes it ment No. 10 printed in House Report constitutional check for the bill. Re- is unconstitutional, which is the view 106–311. cently, supporters of Shays-Meehan of my good friend and colleague, then AMENDMENT NO. 10 OFFERED BY MR. EWING have declared my amendment a poison it seems to me just fairness would sug- Mr. EWING. Mr. Chairman, I offer pill to their legislation. It seems to me gest that unless there is some overt amendment No. 10. that the proponents believe that much quid pro quo in making this fabric into H8258 CONGRESSIONAL RECORD — HOUSE September 14, 1999 one consistent whole, that he allow Mr. FRANK of Massachusetts. Might fornia (Mr. THOMAS), who just spoke, those parts which are constitutional to I make a parliamentary inquiry. Do I said we all have to come to an agree- go ahead and work their beneficial ef- correctly assume the gentleman from ment. Let us be honest. We are not fect. Illinois (Mr. EWING) plans to close with coming to an agreement. The gen- With that, I conclude that the his 45 seconds and not divide it? tleman happens to be in disagreement amendment though well intentioned is Mr. EWING. The gentleman is cor- with the majority on this bill. He is en- not the best way to proceed in this de- rect. titled to that, but he is not entitled to bate tonight. Mr. FRANK of Massachusetts. Mr. twist our normal constitutional doc- Mr. EWING. Mr. Chairman, I yield 2 Chairman, I yield myself such time as trines around so that if the Supreme minutes to the gentleman from Cali- I may consume. Court found any one piece of this un- fornia (Mr. THOMAS). Mr. Chairman, we have just seen a constitutional, maybe the Supreme (Mr. THOMAS asked and was given demonstration that while proximity Court will find that there is a constitu- permission to revise and extend his re- may breed contempt, it can also breed tional right of noncitizens to con- marks.) familiarity because my ally on this tribute, so maybe the majority that Mr. THOMAS. Mr. Chairman, al- issue, the gentleman from California voted for the amendment will have though I appreciate the argument of (Mr. CAMPBELL), anticipated the argu- then succeeded in killing the whole my friend, the gentleman from Cali- ment we just heard and refuted it be- thing. fornia (Mr. CAMPBELL), the idea that a fore it was made; a very impressive That is a nice way to go; there is a portion of a significant campaign re- feat. As he pointed out, this is not at nonseverability clause, put through an form bill ought to be allowed to stand, all analogous to the 1974 act because it amendment of dubious constitu- notwithstanding the fact that other is not meant to be interlocking, and tionality, and then kill the whole bill. provisions are declared unconstitu- that is why this is a sham amendment. The fact is that we are not sure what tional, is exactly why we are where we The gentleman says well, if we think will happen, but the key point was are today because back in the 1970s it is all constitutional what are we made by the gentleman from Cali- they attempted to use the model, and worried about? Well, I do not know fornia. This is not an interlocking we have heard this phrase repeatedly what the Supreme Court will do and no piece of jigsaw. It is a bill with several on the floor, that we want to stop cor- one else does. It is entirely possible distinct provisions. If some part of the ruption or the appearance of corrup- they will find some parts constitu- tion. independent expenditure is held uncon- tional. It is clear that other parts will The court, I think quite properly, stitutional, that in no way makes it not be found constitutional. looked at contribution limits and said wrong to try to ban soft money, in no The gentleman from California (Mr. if we limit the amount that someone way. It in no way undercuts it. So, THOMAS), who just spoke, said they was given it certainly could be plau- please, reject this silly notion that it is have different standards for contribu- sible that the limit was there to stop all constitutional or not and save tion limits and expenditure limits. corruption or the appearance of corrup- Shays-Meehan. tion but in no way should it extend to When we are talking about soft money, Mr. EWING. Mr. Chairman, I yield the expenditure of money. How does we are talking about contributions and myself such time as I may consume. spending money corrupt? that would clearly be constitutional. Mr. Chairman, let me try to clear The court then took that same logic This is an effort to try to kill the away some of this smoky rhetoric that and applied it to individuals who spent whole thing, if any part of it fails, by has been put out here to mask the their own money and a key portion of people who are against it. problem here. Shays-Meehan that we have been con- By the way, if we adopted this prin- This bill is an intricate interlocked cerned about is those individuals who ciple that we do not have severability bill that affects the Democratic Party make independent expenditures exer- clauses, guess what we would not have? and the Republican Party, and the part cising their First Amendment freedom. The Telecommunications Act of 1996. that affects the Republican Party is We heard the gentleman from Florida We passed the Telecommunications soft money and that will be constitu- (Mr. DAVIS) in his opening statement Act. Maybe some people who voted for tional; and the part that affects the say Shays-Meehan is constitutional. it wish we did not have it, but we have Democratic Party is the issue advocacy We heard the gentleman from Cali- it. Part of it was found unconstitu- and that will be unconstitutional. fornia (Mr. CAMPBELL) say they believe tional, the Communications Decency When we are done, we will have an un- it is constitutional. What we ought not Act. fair bill that does not treat both par- to do is go down the same road we went We would not have a Brady bill. Now, ties fairly and the gentleman knows it down 25 years ago with campaign elec- that may make some people happy, al- and I know it and that is why we tion reform. though probably fewer than would have should adopt this amendment. Any structure is balanced. If we can said they were happy a couple of Mr. ENGLISH. Mr. Speaker, I rise in strong come to an agreement now and the months ago, but the Brady bill was support of the Ewing Amendment to H.R. 417. court throws out a portion, we ought to found partly unconstitutional, the part This amendment is a vital component to any be able to come back and come to an that mandated that local officials go meaningful campaign finance reform passed agreement on a whole, not on a piece. ahead with it. It was only because by the House today. For more than 25 years, we have oper- there was a severability clause that we True advocates of campaign finance reform ated on a piece. It seems that if we still have handgun checks, because if favor legislation that can survive legal chal- want to go down the reform road again, we followed this notion that it all has lenge and remain balanced, that is, without we ought to opt as a whole. It is either to be balanced and of a piece and it is unduly favoring one party or ideolgical group- all constitutional or if a portion of it is either all constitutional or all uncon- ing over another. not, it all falls and we do it again. stitutional there would be no handgun Many provisions of the Shays-Meehan bill The only way to stop repeating ex- checks now. that are most susceptible to unfavorable legal actly what we have done in the last 25 We would not have a privacy right review are those most critical to the mainte- years is to say there should be no sev- for children because when my col- nance of this balance. erability clause; that it all stands or it league, the gentleman from Massachu- The Ewing Amendment fixes this by sub- all falls. That is exactly what the setts (Mr. MARKEY), offered a privacy jecting the entire Shays-Meehan bill to a rig- Ewing amendment does. It ought to right to children, which was just done orous test of Constitutionality. Non-severability pass. last year, it was merged with another is the true test of sincere reform. If my col- Mr. FRANK of Massachusetts. Mr. obscenity bill, which has already been leagues who support the Shays-Meehan bill Chairman, how much time remains? found unconstitutional at the district really believe in the campaign finance reform The CHAIRMAN. The gentleman court level by a Reagan appointee. package they are touting as the one real re- from Massachusetts (Mr. FRANK) has 3 So this notion that it all hangs or form being debated today, I urge them to vote minutes remaining. The gentleman falls together is simply a way to try to for this amendment. from Illinois (Mr. EWING) has 45 sec- hang this whole bill by people who are Mr. EWING. Mr. Chairman, I yield onds. against it. The gentleman from Cali- back the balance of my time. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8259 b 1900 Jenkins Moran (VA) Shuster Ryun (KS) Spratt Vento Johnson (CT) Nethercutt Skeen Sabo Stabenow Visclosky The CHAIRMAN. All time has ex- Johnson, Sam Ney Smith (MI) Sanchez Stark Waters pired. Jones (NC) Northup Smith (NJ) Sanders Stenholm Watt (NC) Kelly Norwood Smith (TX) Sandlin Strickland Watts (OK) The question is on the amendment Knollenberg Nussle Souder Sawyer Stupak Waxman offered by the gentleman from Illinois Kolbe Ose Stearns Schakowsky Sununu Weiner (Mr. EWING). Kuykendall Oxley Stump Scott Tanner Weldon (PA) The question was taken; and the LaHood Pease Sweeney Serrano Tauscher Wexler Largent Peterson (MN) Talent Shays Thompson (CA) Weygand Chairman announced that the ayes ap- Latham Peterson (PA) Tancredo Sherman Thompson (MS) Whitfield peared to have it. LaTourette Petri Tauzin Shows Thurman Wilson Lazio Pitts Taylor (MS) Simpson Tierney Wise RECORDED VOTE Leach Pombo Taylor (NC) Sisisky Toomey Woolsey Mr. FRANK of Massachusetts. Mr. Lewis (CA) Portman Terry Skelton Towns Wu Chairman, I demand a recorded vote. Lewis (KY) Radanovich Thomas Slaughter Turner Wynn The CHAIRMAN. Pursuant to House Linder Regula Thornberry Smith (WA) Udall (CO) Young (AK) Lucas (KY) Riley Thune Snyder Udall (NM) Resolution 283, further proceedings on Lucas (OK) Rogan Tiahrt Spence Velazquez the amendment offered by the gen- Luther Rohrabacher Traficant NOT VOTING—6 tleman from Illinois (Mr. EWING) will Maloney (CT) Royce Upton be postponed. Manzullo Ryan (WI) Vitter Hastings (FL) Payne Ros-Lehtinen McCollum Salmon Walden Kingston Pryce (OH) Shaw SEQUENTIAL VOTES POSTPONED IN COMMITTEE McCrery Sanford Walsh OF THE WHOLE McHugh Saxton Wamp b 1922 McIntosh Scarborough Watkins The CHAIRMAN. Pursuant to House McKeon Schaffer Weldon (FL) Ms. KILPATRICK and Messrs. Resolution 283, proceedings will now Metcalf Sensenbrenner Weller WEYGAND, FLETCHER, PICKERING, resume on those amendments on which Mica Sessions Wicker and ACKERMAN changed their vote further proceedings were postponed in Miller (FL) Shadegg Wolf Miller, Gary Sherwood Young (FL) from ‘‘aye’’ to ‘‘no.’’ the following order: Moran (KS) Shimkus Messrs. SAXTON, ISAKSON, CAN- Amendment No. 7 offered by Mr. CAL- NON, WAMP, CRAMER, LUTHER, VERT of California; Amendment No. 8 NOES—248 WICKER, TAYLOR of Mississippi, offered by Mr. SWEENEY of New York; Abercrombie Etheridge LoBiondo PITTS, and MORAN of Virginia Amendment No. 9 offered by Mr. Ackerman Evans Lofgren changed their vote from ‘‘no’’ to ‘‘aye.’’ Allen Farr Lowey E AY D L of Texas; Amendment No. 10 of- Andrews Fattah Maloney (NY) So the amendment was rejected. fered by Mr. EWING of Illinois. Baird Filner Markey The result of the vote was announced The Chair will reduce to 5 minutes Baldacci Fletcher Martinez as above recorded. the time for any electronic vote after Baldwin Forbes Mascara Barr Ford Matsui ANNOUNCEMENT BY THE CHAIRMAN the first vote in this series. Barrett (WI) Fossella McCarthy (MO) The CHAIRMAN. Pursuant to House AMENDMENT NO. 7 OFFERED BY MR. CALVERT Bass Frank (MA) McCarthy (NY) Resolution 283, the Chair announces Bateman Franks (NJ) McDermott The CHAIRMAN. The pending busi- Becerra Frelinghuysen McGovern that he will reduce to a minimum of 5 ness is the demand for a recorded vote Bentsen Frost McInnis minutes the period of time within on Amendment No. 7 offered by the Berkley Ganske McIntyre which a vote by electronic device will gentleman from California (Mr. CAL- Berman Gejdenson McKinney Berry Gephardt McNulty be taken on each amendment on which VERT) on which further proceedings Biggert Gilchrest Meehan the Chair has postponed further pro- were postponed and on which the noes Bishop Gilman Meek (FL) ceedings. prevailed by voice note. Blagojevich Gonzalez Meeks (NY) Bliley Gordon Menendez AMENDMENT NO. 8 OFFERED BY MR. SWEENEY The Clerk will redesignate the Blumenauer Green (TX) Millender- The CHAIRMAN. The pending busi- amendment. Boehlert Greenwood McDonald ness is the demand for a recorded vote The Clerk redesignated the amend- Bonilla Gutierrez Miller, George on amendment No. 8 offered by the gen- ment. Bonior Hall (OH) Minge Borski Hayes Mink tleman from New York (Mr. Sweeney) RECORDED VOTE Boswell Hefley Moakley on which further proceedings were The CHAIRMAN. A recorded vote has Boucher Hill (IN) Mollohan postponed and on which the ayes pre- Boyd Hilliard Moore been demanded. Brady (PA) Hinchey Morella vailed by voice vote. A recorded vote was ordered. Brown (FL) Hinojosa Murtha The Clerk will redesignate the The vote was taken by electronic de- Brown (OH) Hoeffel Myrick amendment. vice, and there were—ayes 179, noes 248, Campbell Holden Nadler Capps Holt Napolitano The Clerk redesignated the amend- not voting 6, as follows: Capuano Hooley Neal ment. [Roll No. 415] Cardin Horn Oberstar RECORDED VOTE Carson Houghton Obey AYES—179 Castle Hoyer Olver The CHAIRMAN. A recorded vote has Aderholt Chenoweth Fowler Clay Hyde Ortiz been demanded. Archer Coburn Gallegly Clayton Inslee Owens A recorded vote was ordered. Armey Collins Gekas Clement Jackson (IL) Packard Bachus Combest Gibbons Clyburn Jackson-Lee Pallone The CHAIRMAN. This will be a 5- Baker Condit Gillmor Coble (TX) Pascrell minute vote. Ballenger Cook Goode Conyers Jefferson Pastor The vote was taken by electronic de- Barcia Cooksey Goodlatte Cox John Paul vice, and there were—ayes 261, noes 167, Barrett (NE) Costello Goodling Coyne Johnson, E. B. Pelosi Bartlett Cramer Goss Crowley Jones (OH) Phelps not voting 5, as follows: Barton Crane Graham Cummings Kanjorski Pickering [Roll No. 416] Bereuter Cubin Granger Danner Kaptur Pickett Bilbray Cunningham Green (WI) Davis (FL) Kasich Pomeroy AYES—261 Bilirakis Davis (VA) Gutknecht Davis (IL) Kennedy Porter Aderholt Bilbray Callahan Blunt Deal Hall (TX) DeFazio Kildee Price (NC) Archer Bilirakis Calvert Boehner DeLay Hansen DeGette Kilpatrick Quinn Armey Bliley Camp Bono DeMint Hastings (WA) Delahunt Kind (WI) Rahall Bachus Blunt Canady Brady (TX) Diaz-Balart Hayworth DeLauro King (NY) Ramstad Baker Boehlert Cannon Bryant Dickey Herger Deutsch Kleczka Rangel Ballenger Boehner Castle Burr Doolittle Hill (MT) Dicks Klink Reyes Barr Bonilla Chabot Burton Duncan Hilleary Dingell Kucinich Reynolds Barrett (NE) Bono Chambliss Buyer Dunn Hobson Dixon LaFalce Rivers Bartlett Boswell Chenoweth Callahan Ehlers Hoekstra Doggett Lampson Rodriguez Barton Boucher Coble Calvert Ehrlich Hostettler Dooley Lantos Roemer Bass Brady (TX) Coburn Camp Emerson Hulshof Doyle Larson Rogers Bateman Brown (OH) Collins Canady English Hunter Dreier Lee Rothman Bereuter Bryant Combest Cannon Everett Hutchinson Edwards Levin Roukema Berkley Burr Cook Chabot Ewing Isakson Engel Lewis (GA) Roybal-Allard Berry Burton Cooksey Chambliss Foley Istook Eshoo Lipinski Rush Biggert Buyer Cox H8260 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Cramer Jefferson Riley King (NY) Moakley Schakowsky Latham Pombo Stump Crane Jenkins Roemer Kleczka Mollohan Scott Lewis (CA) Radanovich Sununu Cubin John Rogan Klink Moran (VA) Serrano Lewis (KY) Reynolds Sweeney Cunningham Johnson (CT) Rogers Kucinich Murtha Sherman Linder Riley Talent Danner Johnson, Sam Rohrabacher LaFalce Nadler Slaughter Lucas (OK) Rogan Tancredo Davis (VA) Jones (NC) Roukema Lampson Napolitano Snyder Manzullo Rogers Tauzin Deal Kaptur Royce Lantos Neal Spratt McCrery Rohrabacher Taylor (NC) DeLay Kasich Ryan (WI) Larson Oberstar Stabenow McInnis Royce Terry DeMint Kelly Ryun (KS) Lee Obey Stark McIntosh Ryan (WI) Thomas Deutsch Kildee Salmon Levin Olver Stupak McKeon Ryun (KS) Thornberry Diaz-Balart Knollenberg Sandlin Lewis (GA) Ortiz Tanner Mica Salmon Tiahrt Dickey Kolbe Sanford Lofgren Owens Tauscher Miller (FL) Scarborough Toomey Dixon Kuykendall Saxton Lowey Pallone Thompson (CA) Miller, Gary Schaffer Traficant Doolittle LaHood Scarborough Maloney (CT) Pascrell Thompson (MS) Moran (KS) Sensenbrenner Vitter Dreier Largent Schaffer Maloney (NY) Pastor Thurman Nethercutt Sessions Walden Duncan Latham Sensenbrenner Markey Payne Tierney Ney Shadegg Watkins Dunn LaTourette Sessions Martinez Pelosi Towns Northup Sherwood Watts (OK) Ehlers Lazio Shadegg Mascara Pickett Velazquez Norwood Shimkus Weldon (FL) Ehrlich Leach Shays Matsui Price (NC) Vento Nussle Shuster Weldon (PA) Emerson Lewis (CA) Sherwood McCarthy (MO) Rahall Visclosky Oxley Simpson Whitfield English Lewis (KY) Shimkus McCarthy (NY) Rangel Waters Packard Skeen Wicker Everett Linder Shows McDermott Reyes Watt (NC) Paul Smith (MI) Wilson Ewing Lipinski Shuster McGovern Rivers Waxman Pease Smith (NJ) Wu Fletcher LoBiondo Simpson McKinney Rodriguez Weiner Peterson (MN) Smith (TX) Young (AK) Foley Lucas (KY) Sisisky Meehan Rothman Wexler Peterson (PA) Souder Young (FL) Forbes Lucas (OK) Skeen Meek (FL) Roybal-Allard Weygand Pickering Spence Ford Luther Skelton Meeks (NY) Rush Wise Pitts Stearns Fossella Manzullo Smith (MI) Menendez Sabo Woolsey Fowler McCollum Smith (NJ) Millender- Sanchez Wynn NOES—268 Franks (NJ) McCrery Smith (TX) McDonald Sanders Abercrombie Engel Lazio Frelinghuysen McHugh Smith (WA) Mink Sawyer Ackerman Eshoo Leach Gallegly McInnis Souder Allen Etheridge Lee Ganske McIntosh Spence NOT VOTING—5 Andrews Evans Levin Gekas McIntyre Stearns Hastings (FL) Pryce (OH) Shaw Bachus Farr Lewis (GA) Gibbons McKeon Stenholm Kingston Ros-Lehtinen Baird Fattah Lipinski Gilchrest McNulty Strickland Baldacci Filner LoBiondo Gillmor Metcalf Stump b 1931 Baldwin Foley Lofgren Gilman Mica Sununu Barcia Forbes Lowey Gonzalez Miller (FL) Sweeney So the amendment was agreed to. Barrett (NE) Ford Lucas (KY) Goode Miller, Gary Talent The result of the vote was announced Barrett (WI) Frank (MA) Luther Goodlatte Miller, George Tancredo Bass Franks (NJ) Maloney (CT) Goodling Minge Tauzin as above recorded. Becerra Frelinghuysen Maloney (NY) Gordon Moore Taylor (MS) AMENDMENT NO. 9 OFFERED BY MR. DELAY Bentsen Frost Markey Goss Moran (KS) Taylor (NC) Bereuter Gallegly Martinez Graham Morella Terry The CHAIRMAN. The pending busi- Berkley Ganske Mascara Granger Myrick Thomas ness is the demand for a recorded vote Berman Gejdenson Matsui Green (WI) Nethercutt Thornberry on amendment No. 9 offered by the gen- Berry Gekas McCarthy (MO) Greenwood Ney Thune tleman from Texas (Mr. DELAY) on Bilbray Gephardt McCarthy (NY) Gutknecht Northup Tiahrt Bilirakis Gilchrest McCollum Hall (TX) Norwood Toomey which further proceedings were post- Bishop Gillmor McDermott Hansen Nussle Traficant poned and on which the ayes prevailed Blagojevich Gilman McGovern Hastings (WA) Ose Turner by voice vote. Blumenauer Gonzalez McHugh Hayes Oxley Udall (CO) Boehlert Gordon McIntyre Hayworth Packard Udall (NM) The Clerk will redesignate the Bonior Graham McKinney Hefley Paul Upton amendment. Borski Green (TX) McNulty Herger Pease Vitter The Clerk redesignated the amend- Boswell Green (WI) Meehan Hill (IN) Peterson (MN) Walden ment. Boucher Greenwood Meek (FL) Hill (MT) Peterson (PA) Walsh Boyd Gutierrez Meeks (NY) Hilleary Petri Wamp RECORDED VOTE Brady (PA) Hall (OH) Menendez Hobson Phelps Watkins The CHAIRMAN. A recorded vote has Brown (FL) Hill (IN) Metcalf Hoekstra Pickering Watts (OK) Brown (OH) Hilliard Millender- Holden Pitts Weldon (FL) been demanded. Campbell Hinchey McDonald Horn Pombo Weldon (PA) A recorded vote was ordered. Capps Hinojosa Miller, George Hostettler Pomeroy Weller The CHAIRMAN. This will be a 5- Capuano Hoeffel Minge Houghton Porter Whitfield minute vote. Cardin Holden Mink Hulshof Portman Wicker Carson Holt Moakley Hunter Quinn Wilson The vote was taken by electronic de- Castle Hooley Mollohan Hutchinson Radanovich Wolf vice, and there were—ayes 160, noes 268, Chabot Horn Moore Hyde Ramstad Wu not voting 5, as follows: Clay Houghton Moran (VA) Isakson Regula Young (AK) Clayton Hoyer Morella Istook Reynolds Young (FL) [Roll No. 417] Clement Hunter Murtha AYES—160 Clyburn Hyde Myrick NOES—167 Condit Inslee Nadler Aderholt Coble Goodling Conyers Isakson Napolitano Abercrombie Clayton Fattah Archer Coburn Goss Cook Jackson (IL) Neal Ackerman Clement Filner Armey Collins Granger Costello Jackson-Lee Oberstar Allen Clyburn Frank (MA) Baker Combest Gutknecht Cox (TX) Obey Andrews Condit Frost Ballenger Cooksey Hall (TX) Coyne Jefferson Olver Baird Conyers Gejdenson Barr Crane Hansen Cramer John Ortiz Baldacci Costello Gephardt Bartlett Cubin Hastings (WA) Crowley Johnson (CT) Ose Baldwin Coyne Green (TX) Barton Cunningham Hayes Cummings Johnson, E. B. Owens Barcia Crowley Gutierrez Bateman Davis (VA) Hayworth Danner Jones (OH) Pallone Barrett (WI) Cummings Hall (OH) Biggert DeLay Hefley Davis (FL) Kanjorski Pascrell Becerra Davis (FL) Hilliard Bliley DeMint Herger Davis (IL) Kaptur Pastor Bentsen Davis (IL) Hinchey Blunt Diaz-Balart Hill (MT) Deal Kelly Payne Berman DeFazio Hinojosa Boehner Dickey Hilleary DeFazio Kennedy Pelosi Bishop DeGette Hoeffel Bonilla Doolittle Hobson DeGette Kildee Petri Blagojevich Delahunt Holt Bono Dreier Hoekstra Delahunt Kilpatrick Phelps Blumenauer DeLauro Hooley Brady (TX) Dunn Hostettler DeLauro Kind (WI) Pickett Bonior Dicks Hoyer Bryant Ehlers Hulshof Deutsch Kleczka Pomeroy Borski Dingell Inslee Burr Ehrlich Hutchinson Dicks Klink Porter Boyd Doggett Jackson (IL) Burton English Istook Dingell Kucinich Portman Brady (PA) Dooley Jackson-Lee Buyer Everett Jenkins Dixon Kuykendall Price (NC) Brown (FL) Doyle (TX) Callahan Ewing Johnson, Sam Doggett LaFalce Quinn Campbell Edwards Johnson, E. B. Calvert Fletcher Jones (NC) Dooley LaHood Rahall Capps Engel Jones (OH) Camp Fossella Kasich Doyle Lampson Ramstad Capuano Eshoo Kanjorski Canady Fowler King (NY) Duncan Lantos Rangel Cardin Etheridge Kennedy Cannon Gibbons Knollenberg Edwards Larson Regula Carson Evans Kilpatrick Chambliss Goode Kolbe Emerson LaTourette Reyes Clay Farr Kind (WI) Chenoweth Goodlatte Largent September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8261 Rivers Sisisky Turner Oxley Schaffer Terry Spratt Thurman Waters Rodriguez Skelton Udall (CO) Packard Sensenbrenner Thomas Stabenow Tierney Watt (NC) Roemer Slaughter Udall (NM) Paul Sessions Thornberry Stark Towns Waxman Rothman Smith (WA) Upton Pease Shadegg Thune Stenholm Turner Weiner Roukema Snyder Velazquez Peterson (MN) Sherwood Tiahrt Strickland Udall (CO) Wexler Roybal-Allard Spratt Vento Peterson (PA) Shimkus Toomey Stupak Udall (NM) Weygand Rush Stabenow Visclosky Petri Shuster Traficant Tanner Upton Wise Sabo Stark Walsh Pickering Simpson Vitter Tauscher Velazquez Wolf Sanchez Stenholm Wamp Pitts Skeen Walden Taylor (MS) Vento Woolsey Sanders Strickland Waters Pombo Smith (NJ) Walsh Thompson (CA) Visclosky Wu Sandlin Stupak Watt (NC) Radanovich Smith (TX) Watkins Thompson (MS) Wamp Wynn Sanford Tanner Waxman Reynolds Souder Watts (OK) Sawyer Tauscher Weiner Riley Spence Weldon (FL) NOT VOTING—7 Saxton Taylor (MS) Weller Rogers Stearns Weldon (PA) Cubin McKeon Shaw Schakowsky Thompson (CA) Wexler Rohrabacher Stump Weller Hastings (FL) Pryce (OH) Scott Thompson (MS) Weygand Royce Sununu Whitfield Kingston Ros-Lehtinen Serrano Thune Wise Ryan (WI) Sweeney Wicker Shays Thurman Wolf Ryun (KS) Talent Wilson b 1948 Sherman Tierney Woolsey Sabo Tancredo Young (AK) Shows Towns Wynn Salmon Tauzin Young (FL) So the amendment was rejected. Scarborough Taylor (NC) The result of the vote was announced NOT VOTING—5 as above recorded. Hastings (FL) Pryce (OH) Shaw NOES—259 Kingston Ros-Lehtinen The CHAIRMAN. It is now in order to Abercrombie Foley McCarthy (NY) consider Amendment No. 11 in the na- Ackerman Forbes McDermott ture of a substitute printed in House b 1941 Allen Ford McGovern Andrews Frank (MA) McHugh Report 106–311. Mr. MCCOLLUM changed his vote Bachus Franks (NJ) McIntyre AMENDMENT NO. 11 IN THE NATURE OF A Baird Frelinghuysen McKinney from ‘‘aye’’ to ‘‘no’’. SUBSTITUTE OFFERED BY MR. DOOLITTLE Baker Gallegly McNulty So the amendment was rejected. Baldacci Ganske Meehan Mr. DOOLITTLE. Mr. Chairman, I The result of the vote was announced Baldwin Gejdenson Meek (FL) offer an amendment in the nature of a as above recorded. Barrett (NE) Gephardt Meeks (NY) substitute. Barrett (WI) Gilchrest Menendez AMENDMENT NO. 10 OFFERED BY MR. EWING Bass Gilman Metcalf The CHAIRMAN. The Clerk will des- The CHAIRMAN. The pending busi- Becerra Gonzalez Millender- ignate the amendment in the nature of ness is the demand for a recorded vote Bentsen Goode McDonald a substitute. Bereuter Goodling Miller, George on the amendment No. 10 offered by the Berkley Gordon Minge The text of the amendment in the na- gentleman from Illinois (Mr. EWING) on Berman Graham Mink ture of a substitute is as follows: which further proceedings were post- Berry Green (TX) Moakley Amendment No. 11 in the nature of a sub- Bilbray Greenwood Moore poned and on which the ayes prevailed stitute offered by Mr. DOOLITTLE: Bilirakis Gutierrez Moran (KS) by voice vote. Bishop Hall (OH) Moran (VA) Strike all after the enacting clause and in- The Clerk will redesignate the Blagojevich Hefley Morella sert the following: amendment. Blumenauer Hill (IN) Murtha SECTION 1. SHORT TITLE. The Clerk redesignated the amend- Boehlert Hilliard Myrick This Act may be cited as the ‘‘Citizen Leg- Bonior Hinchey Nadler islature and Political Freedom Act’’. ment. Borski Hinojosa Napolitano SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL RECORDED VOTE Boswell Hoeffel Neal Boucher Holden Nussle ELECTION CAMPAIGN CONTRIBU- The CHAIRMAN. A recorded vote has Boyd Holt Oberstar TIONS. been demanded. Brady (PA) Hooley Olver Section 315(a) of the Federal Election Cam- A recorded vote was ordered. Brown (FL) Horn Ortiz paign Act of 1971 (2 U.S.C. 441a(a)) is amend- The CHAIRMAN. This will be a 5- Brown (OH) Houghton Ose ed by adding at the end the following new Campbell Hoyer Owens paragraph: minute vote. Capps Inslee Pallone ‘‘(9) The limitations established under this The vote was taken by electronic de- Capuano Isakson Pascrell subsection shall not apply to contributions vice, and there were—ayes 167, noes 259, Cardin Jackson (IL) Pastor Carson Jackson-Lee Payne made during calendar years beginning after not voting 7, as follows: Castle (TX) Pelosi 2000.’.’ [Roll No. 418] Chabot Jefferson Phelps SEC. 3. TERMINATION OF TAXPAYER FINANCING Clay John Pickett AYES—167 OF PRESIDENTIAL ELECTION CAM- Clayton Johnson (CT) Pomeroy PAIGNS. Aderholt DeMint Hostettler Clement Johnson, E.B. Porter Archer Diaz-Balart Hulshof Clyburn Jones (OH) Portman (a) TERMINATION OF DESIGNATION OF INCOME Armey Dickey Hunter Coble Kanjorski Price (NC) TAX PAYMENTS.—Section 6096 of the Internal Ballenger Doolittle Hutchinson Condit Kaptur Quinn Revenue Code of 1986 is amended by adding Barcia Dreier Hyde Conyers Kelly Rahall at the end the following new subsection: Barr Duncan Istook Cook Kennedy Ramstad ‘‘(d) TERMINATION.—This section shall not Bartlett Dunn Jenkins Costello Kildee Rangel apply to taxable years beginning after De- Barton Ehlers Johnson, Sam Coyne Kilpatrick Regula cember 31, 1999.’’ Bateman Ehrlich Jones (NC) Cramer Kind (WI) Reyes Biggert Emerson Kasich Crowley Kleczka Rivers (b) TERMINATION OF FUND AND ACCOUNT.— Bliley English King (NY) Cummings Klink Rodriguez (1) TERMINATION OF PRESIDENTIAL ELECTION Blunt Everett Knollenberg Danner Kucinich Roemer CAMPAIGN FUND.— Boehner Ewing Kolbe Davis (FL) Kuykendall Rogan (A) IN GENERAL.—Chapter 95 of subtitle H Bonilla Fletcher LaHood Davis (IL) LaFalce Rothman of such Code is amended by adding at the end Bono Fossella Largent Davis (VA) Lampson Roukema the following new section: Brady (TX) Fowler Latham Deal Lantos Roybal-Allard Bryant Frost LaTourette DeFazio Larson Rush ‘‘SEC. 9014. TERMINATION. Burr Gekas Lewis (CA) DeGette Lazio Sanchez The provisions of this chapter shall not Burton Gibbons Lewis (KY) Delahunt Leach Sanders apply with respect to any presidential elec- Buyer Gillmor Linder DeLauro Lee Sandlin tion (or any presidential nominating conven- Callahan Goodlatte Lucas (OK) Deutsch Levin Sanford tion) after December 31, 2000, or to any can- Calvert Goss Manzullo Dicks Lewis (GA) Sawyer didate in such an election.’’ Camp Granger McCollum Dingell Lipinski Saxton Canady Green (WI) McCrery Dixon LoBiondo Schakowsky (B) TRANSFER OF EXCESS FUNDS TO GENERAL Cannon Gutknecht McInnis Doggett Lofgren Scott FUND.—Section 9006 of such Code is amended Chambliss Hall (TX) McIntosh Dooley Lowey Serrano by adding at the end the following new sub- Chenoweth Hansen Mica Doyle Lucas (KY) Shays section: Coburn Hastings (WA) Miller (FL) Edwards Luther Sherman ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER Collins Hayes Miller, Gary Engel Maloney (CT) Shows 1998.—The Secretary shall transfer all Combest Hayworth Mollohan Eshoo Maloney (NY) Sisisky amounts in the fund after December 31, 2000, Cooksey Herger Nethercutt Etheridge Markey Skelton Cox Hill (MT) Ney Evans Martinez Slaughter to the general fund of the Treasury.’’ Crane Hilleary Northup Farr Mascara Smith (MI) (2) TERMINATION OF ACCOUNT.—Chapter 96 of Cunningham Hobson Norwood Fattah Matsui Smith (WA) subtitle H of such Code is amended by adding DeLay Hoekstra Obey Filner McCarthy (MO) Snyder at the end the following new section: H8262 CONGRESSIONAL RECORD — HOUSE September 14, 1999 ‘‘SEC. 9043. TERMINATION. by adding at the end the following new sub- make elections more competitive. And The provisions of this chapter shall not section: indeed, since the 1974 amendments, the apply to any candidate with respect to any ‘‘(e)(1) The Commission shall make the in- disastrous system we have that was presidential election after December 31, formation contained in the reports sub- created by those amendments, voter 2000.’’ mitted under this section available on the (c) CLERICAL AMENDMENTS.— Internet and publicly available at the offices participation has actually declined. (1) The table of sections for chapter 95 of of the Commission as soon as practicable Today’s system allows millionaires subtitle H of such Code is amended by adding (but in no case later than 24 hours) after the to purchase congressional seats and in- at the end the following new item: information is received by the Commission. hibits the ability of challengers to ‘‘(2) In this subsection, the term ‘Internet’ ‘‘Sec. 9014. Termination.’’ raise the funds necessary to compete. means the international computer network Today’s system hurts taxpayers by (2) The table of sections for chapter 96 of of both Federal and non-Federal interoper- taking nearly $900 million collected in subtitle H of such Code is amended by adding able packet-switched data networks.’’. federal taxes and subsidizing the presi- at the end the following new item: (d) EFFECTIVE DATE.—The amendment dential campaigns of all sorts of char- ‘‘Sec. 9043. Termination.’’ made by this section shall apply with respect to reports for periods beginning on or after acters, including convicted felons and SEC. 4. DISCLOSURE REQUIREMENTS FOR CER- January 1, 2001. billionaires. TAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. SEC. 6. WAIVER OF ‘‘BEST EFFORTS’’ EXCEPTION Today the system hurts voters in our (a) TRANSFERS OF FUNDS BY NATIONAL PO- FOR INFORMATION ON IDENTIFICA- Republic by forcing more contributors TION OF CONTRIBUTORS. LITICAL PARTIES.—Section 304(b)(4) of the and political activists to operate out- Federal Election Campaign Act of 1971 (2 (a) IN GENERAL.—Section 302(i) of the Fed- side of the system where they are unac- U.S.C. 434(b)(4)) is amended— eral Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended— countable and consequently more irre- (1) by striking ‘‘and’’ at the end of subpara- sponsible. That latter fact is what graph (H); (1) by striking ‘‘(i) When the treasurer’’ and inserting ‘‘(i)(1) Except as provided in causes the advocates of Shays-Meehan (2) by adding ‘‘and’’ at the end of subpara- to focus upon soft money because that graph (I); and paragraph (2), when the treasurer’’; and (3) by adding at the end the following new (2) by adding at the end the following new is one of those areas. But they fail to subparagraph: paragraph: understand that what is driving soft ‘‘(2) Paragraph (1) shall not apply with re- ‘‘(J) in the case of a political committee of money is the unadjusted limits on hard spect to information regarding the identi- a national political party, all funds trans- money, never changed in 25 years. fication of any person who makes a contribu- ferred to any political committee of a State tion or contributions aggregating more than Justice Thurgood Marshall in Buck- or local political party, without regard to $200 during a calendar year (as required to be ley v. Valeo observed that one of the whether or not the funds are otherwise treat- provided under subsection (c)(3)).’’. points on which all members of the ed as contributions or expenditures under (b) EFFECTIVE DATE.—The amendment court agree is that money is essential this title;’’. made by subsection (a) shall apply with re- (b) DISCLOSURE BY STATE AND LOCAL POLIT- for effective communication in a polit- spect to persons making contributions for ICAL PARTIES OF INFORMATION REPORTED ical campaign. elections occurring after January 2001. UNDER STATE LAW.—Section 304 of such Act David Broder, not known I do not (2 U.S.C. 434) is amended by adding at the The CHAIRMAN. Pursuant to House think as a Republican, this is not a end the following new subsection: Resolution 283, the gentleman from conservative, but he wrote in the ‘‘(d) If a political committee of a State or California (Mr. DOOLITTLE) and the Washingtonian 3 years ago and said the local political party is required under a gentleman from Maryland (Mr. HOYER) following: State or local law, rule, or regulation to sub- each will control 20 minutes. ‘‘Raise the current $1,000 limit on mit a report on its disbursements to an enti- Mr. HOYER. Mr. Chairman, I ask personal campaign contributions to ty of the State or local government, the committee shall file a copy of the report unanimous consent to yield 7 minutes $50,000. Maybe even go to $100,000.’’ with the Commission at the time it submits to the gentleman from Tennessee (Mr. I note parenthetically, we could not the report to such an entity.’’. WAMP) and 7 minutes to the gentleman even go to $3,000 tonight let alone 50 or (c) EFFECTIVE DATE.—The amendments from Massachusetts (Mr. MEEHAN) and 100 like Mr. Broder has recommended. made by this section shall apply with respect they will control that time, leaving ‘‘Today’s limits are ridiculous given to elections occurring after January 2001. myself with 6 minutes. television and campaigning costs. Rais- SEC. 5. PROMOTING EXPEDITED AVAILABILITY The CHAIRMAN. Is there objection ing that limit with full disclosure OF FEC REPORTS. to the request of the gentleman from would enable some people to make (a) MANDATORY ELECTRONIC FILING.—Sec- Maryland? really significant contributions to help tion 304(a)(11)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) There was no objection. a candidate.’’ is amended by striking ‘‘permit reports re- The CHAIRMAN. The gentleman My campaign finance reform goals quired by’’ and inserting ‘‘require reports from California (Mr. DOOLITTLE) is rec- are the following: we should encourage under’’. ognized for 20 minutes. political speech rather than limit it, (b) REQUIRING REPORTS FOR ALL CONTRIBU- Mr. DOOLITTLE. Mr. Chairman, do I like the supporters of Shays-Meehan TIONS MADE TO ANY POLITICAL COMMITTEE have the right to close on this amend- want to do. We should promote com- WITHIN 90 DAYS OF ELECTION; REQUIRING RE- ment? petition, freedom, and a more informed PORTS TO BE MADE WITHIN 24 HOURS.—Sec- The CHAIRMAN. No. The gentleman electorate, not limit their information tion 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is from Maryland (Mr. HOYER), as a mem- amended to read as follows: at the time when people are coming ‘‘(6)(A) Each political committee shall no- ber of the committee does. awake and paying attention to politics, tify the Secretary or the Commission, and Mr. DOOLITTLE. Mr. Chairman, I namely, 60 days before an election. We the Secretary of State, as appropriate, in yield myself such time as I may con- should enable any American citizen to writing, of any contribution received by the sume. run for office, not just of the wealthy, committee during the period which begins on Mr. Chairman, we have heard an not just the well connected. And that the 90th day before an election and ends at awful lot about the problems of the tends to be the trend if we continue the time the polls close for such election. present system. I would like to present down this road of regulation, like This notification shall be made within 24 what I believe are the problems with hours (or, if earlier, by midnight of the day Shays-Meehan. We should increase the on which the contribution is deposited) after the system. I think it has tremendous amount of time candidates spend with the receipt of such contribution and shall in- problems. They are intolerable and constituents in debating issues rather clude the name of the candidate involved (as they cry out for reform. It is just that than raising money. appropriate) and the office sought by the the nature of the reform that I would Just last week we lost a couple of candidate, the indentification of the contrib- favor is much different than the advo- candidates for the Senate because of utor, and the date of receipt and amount of cates of Shays-Meehan would favor. this very thing. They could not put the contribution. I believe that today’s campaign fi- themselves through the absurd race to ‘‘(B) The notification required under this nance system requires current and pro- raise money that the present law re- paragraph shall be in addition to all other reporting requirements under this Act.’’. spective office-holders to spend too quires. (c) INCREASING ELECTRONIC DISCLOSURE.— much time raising money and not And lastly, we should make can- Section 304 of such Act (2 U.S.C. 434(a)), as enough time governing and debating didates accountable to their constitu- amended by section 4(b), is further amended issues. Today’s system has failed to ents for the money they accept. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8263 I propose to achieve those goals with The proposal of the gentleman from The clean money, clean elections bill the Citizen Legislature and Political California would totally approach the would limit the amounts of money Freedom Act embodied in H.R. 1922, issue totally different than we have in spent. It would make campaign season which is the substitute I bring before the last 30 years. I would ask us to con- shorter by virtue of the distribution my colleagues now. sider, let us see if we can fix the exist- schedule. It would make the money This legislation repeals limits on how ing system before we try to replace the chase end. People would not have to much individual and political action entire system with a whole new ap- spend virtually all their time raising committees may contribute to can- proach. money. And, in fact, it would allow didates or parties. It repeals limits on Now, I happen to have had the privi- people that are not personally wealthy how much parties can contribute to lege of serving as a county supervisor and do not know people with $50,000 or candidates. We think political speech in California in a county of 2.8 million $75,000 or $3,000 able to run for office is good, and we think those limits have people with districts as large as con- and have a reasonable prospect of cam- got to go. gressional districts; and our campaign paigning and winning. It is, in fact, the This bill also terminates the horrid limits were $250 a person, no PACs, no kind of campaign reform that most of taxpayer financing of presidential elec- corporate checks, no union participa- America wants. State after State are tion campaigns that we have in place tion. passing referenda and certifying that today. This legislation requires polit- Let me tell my colleagues something: they want to have a campaign system ical parties to distinguish between fed- it works. I just ask, do not fear cam- where they get their elective process eral and nonfederal funds and requires paign finance limitations. It is an back in their hands. They have heard that each State party file with the FEC equal ground. Everybody plays by the all the arguments. All of those a copy of the same disclosure form as rules, and we move forward. referenda has been put to them in a filed with the State. That way we do So I have to say, in all fairness, I way of, ‘‘Do you want public money not add any bureaucratic requirements think the gentleman from California buying bumper stickers for can- to what the States have to do, but we (Mr. DOOLITTLE) may have a great ar- didates?’’ The resounding answer is make the information available for gument, but my question is, before we ‘‘Yes, rather than special interests pay- people to see. try to scrap the old system and move ing that money, we want to have our We require electronic filing of cam- on, let us try to fix the one we have in election process back.’’ paign reports, and we require those re- Shays-Meehan. Let us pass Shays-Meehan and get ports to be filed every 24 hours within Mr. MEEHAN. Mr. Chairman, I yield beyond that someday to real campaign 3 months of an election. With the ad- 2 minutes to the gentleman from Mas- finance reform. Mr. DOOLITTLE. Mr. Chairman, I vent of the Internet, any person with a sachusetts (Mr. TIERNEY), a cosponsor yield 3 minutes to the gentleman from computer and access to the Internet and an author of the clean elections Texas (Mr. DELAY), the distinguished will be able to access this information. bill himself. House majority whip. The media, of course, will do that and Mr. TIERNEY. Mr. Chairman, I Mr. DELAY. Mr. Chairman, I think it will be available for all to see. thank my colleague from Massachu- we just heard what this is all about. That is why we call ours the full dis- setts for yielding me the time, and I This is about more regulation of free closure act because we get right to the congratulate him on once again having speech and, at the end of the last heart of it, and we make this informa- the tenacity to stay with the Shays- speaker’s remarks, taxpayer-funded tion available to the electorate rather Meehan bill and bring it back to this elections. That is where we are headed than empowering a new government in- House. when you regulate free speech and reg- formation czar. With all due respect, I suggest that ulate the people’s right to participate We require the FEC to post all cam- the proposal by our colleague from in the political system. paign reports on the Internet. They do California is a step backwards, cer- Mr. Chairman, I rise today in support not have to go down to the government tainly not a step forward. I would say of this substitute legislation. We sim- office and get the Xeroxed copy of the that we should support the Shays-Mee- ply cannot allow the participation of report somebody mailed in months han bill and note that that is in fact Americans in our democracy to be lim- after the election. They will have it only a partial reform. ited. We have an important choice right there on the Internet. The bill that I propose pending before today, a choice to either encourage By the way, we also bar acceptance this body and some day, hopefully, we participation in our political system or of campaign contributions unless spe- will get it as part of a rule and be able a choice to limit it. We can either cific disclosure requirements are met. to debate it is the clean money, clean choose to uphold the first amendment We repeal, if you will, the best-effort elections bill and in fact calls for pub- which guarantees our citizens the right rule. That is what the legislation does. lic financing of campaigns. to free speech, or we can choose to in- Mr. Chairman, I reserve the balance I understand all of the arguments fringe upon this right. of my time. that the gentleman from California Now, some of the rhetoric on the 1 Mr. WAMP. Mr. Chairman, I yield 1 ⁄2 (Mr. DOOLITTLE) has made and just sug- other side might sound good, but we minutes to the gentleman from Cali- gested. There is nobody that I hear in must not allow those who support fornia (Mr. BILBRAY), who has been the district, no average citizen, that Shays-Meehan to fool us. In short, the very active on this issue for many thinks that it is going to be easier on Shays-Meehan bill restricts the demo- months and years now. elections if in fact they can raise cratic process by placing unfair regula- Mr. BILBRAY. Mr. Chairman, I re- money or thinks that people are going tions on those willing and able to com- gretfully have to stand in opposition to to stop raising money at some point in pete as candidates and as their sup- the substitute. time. In fact, if we raise the limits, porters. While accountability in fund- I think the gentleman from Cali- they are going to spend more, raise raising is necessary, we must be sure fornia (Mr. DOOLITTLE), my dear col- more, have more TV ads and go on. that we do not limit the ability of league that I have worked so closely those who want to compete through b 2000 with for so long, has come up with a lot fair and worthy avenues to do so. The of hard work and a total reform of the The clean money, clean elections bill Doolittle substitute will instill this ac- approach to campaign finance reform, will in fact be the one process by which countability. Among other things, the and I have got to give him credit for we can lower the cost of campaigns. It Doolittle substitute institutes new fil- that. He has shifted the whole perspec- requires broadcasters to give time for ing requirements and mandates that tive to a whole new view. campaign ads at low or reduced cost, the Federal Election Commission post We may be there some day, but the because in fact we have given them a all campaign reports on the Internet. fact is today we have Shays-Meehan in public value, we have given them the After all, what reform can restore ac- front of us. We have a bill that tries to spectrum, and they ought to in return countability more than an open book? correct the problems of campaign fi- give some public benefit back on that Simply put, freedom works. nance reform that was passed in the and that would reduce the cost of cam- Only those supporting Shays-Meehan 1970s. paigns by some 40 or 50 percent. would think that freedom is a step H8264 CONGRESSIONAL RECORD — HOUSE September 14, 1999 backwards. The important responsi- though it may be well-intended, is win- erals and their media allies embodied bility of this body is to protect free- dow dressing. It requires only limited in the Shays-Meehan bill seems to be, dom, not take it away. disclosure rather than making the nec- ‘‘We report, we decide, and everyone Mr. Chairman, Congress must work essary changes to clean up the current else be quiet.’’ to reform, not restrict, the political system, namely, ending soft money and It is a bedrock principle of American process. We must encourage, not limit, reining in sham issue ads. political heritage that money is our citizens’ ability to participate in Mr. Chairman, I urge my colleagues speech. When the supporters of Shays- the political system. I urge my col- to vote ‘‘no’’ on the Doolittle sub- Meehan want to restrict and regulate leagues to vote for fairness, vote for stitute and support final passage of the the amount of money in campaigns, freedom in our political system by sup- Shays-Meehan bill. they want to restrict and regulate the porting this substitute. Mr. MEEHAN. Mr. Chairman, I yield amount of speech. They decide, not the Mr. HOYER. Mr. Chairman, I yield 1 1 minute to the gentlewoman from voters. Even the American Civil Lib- minute to the gentleman from Penn- Ohio (Mrs. JONES), again, one of the erties Union has stated that the Shays- sylvania (Mr. HOEFFEL), one of our leaders on campaign finance reform. Meehan bill is patently unconstitu- most distinguished new Members. Mrs. JONES of Ohio. Mr. Chairman, I tional and makes it harder for ethnic Mr. HOEFFEL. I thank the gen- rise in opposition to the Doolittle sub- and racial minorities, women and non- tleman for yielding me this time. stitute amendment, eliminating all mainstream voices to be heard prior to Mr. Chairman, I rise in opposition to Federal campaign contributions and an election. It will be an incumbent the Doolittle substitute amendment. A public financing of presidential cam- protection bill. vote for the Doolittle substitute is a paigns. In effect, the Doolittle amend- I will give my colleagues an example vote to kill Shays-Meehan. I urge oppo- ment would be the kiss of death for from Pennsylvania when you do not have money to get the message out. In sition to all of the poison pill sub- H.R. 417, the Bipartisan Campaign Re- 1998, Governor Ridge was running for stitutes and urge support of Shays- form Act, because it guts the essence of reelection, the senior Senator from Meehan. the Shays-Meehan bill. Eliminating Pennsylvania was running for reelec- The Doolittle substitute would elimi- public financing of presidential cam- tion, and they both had strong bipar- nate all Federal contribution limits, paigns in effect eliminates the ability tisan support. They both had three, end public financing of presidential of the little people to impact a presi- four or five Democrat opponents in the campaigns, which has worked well, and dential election at a time when voter primary but none of them could raise would weaken the disclosure require- apathy and participation is at an all- any money because of the strength of ments contained in Shays-Meehan. time low. Eliminating limits on con- the incumbents. So when it came to Instead, we should adopt Shays-Mee- tributions allows the haves to speak the primary election in my district, han, which prohibits soft money con- louder and places a gag on the have- Clarion and Elk County, because the tributions, stops the sham issue ads nots. Eliminating campaign contribu- message did not get out because the and strengthens FEC disclosure and en- tion limits will cause the House of Rep- candidates did not have any money, 19 forcement. resentatives to represent only the percent of the Democrats voted. In The House should also pass com- wealthy and leave the poor un- and McKean County, 9 percent. In Jefferson prehensive reform to implement vol- underrepresented. County, 6 percent. Why? They did not untary spending limits for campaigns I urge my colleagues to vote ‘‘no’’ on know the candidates, they did not in exchange for partial public financing this amendment. All the proposed re- know about them, they did not know and free and discounted air time. These porting is only a smoke screen to cover who to vote for, so they stayed home. reforms also deserve a floor debate and this attempt to turn public office and If you want people to come out and the attention of this House. public officeholders over to the vote, they have to understand what the Again, I urge my colleagues to op- wealthy. candidates stand for and that is about pose Doolittle, support Shays-Meehan, Mr. DOOLITTLE. Mr. Chairman, I free speech. and move on to Tierney. yield 5 minutes to the gentleman from Mr. Chairman, I support the Doo- 1 Mr. WAMP. Mr. Chairman, I yield 1 ⁄2 Pennsylvania (Mr. PETERSON). little reforms because they are in the minutes to the gentlewoman from Mr. PETERSON of Pennsylvania. Mr. American tradition. They truly ‘‘do lit- Maryland (Mrs. MORELLA). Chairman, I rise to support the Doo- tle’’ when it comes to restricting first Mrs. MORELLA. I thank the gen- little substitute. Thirteen States do amendment rights. They remove the tleman for yielding me this time. not have limits, and I do not think you restrictions of most campaign giving Mr. Chairman, I rise in opposition to can name them because they do not and spending, and thus remove the re- the Doolittle substitute. The Doolittle stand out as States loaded with public strictions to free speech. At the same substitute repeals all existing limits on corruption. Thirteen States do not time, they require immediate and full contributions, ends the presidential limit campaign financing. We should be reporting of all contributions. Imme- public financing system, and requires here debating increasing disclosure, diate and full reporting of all contribu- disclosure of funds transferred to a immediate reporting and enforcement. tions. Shays-Meehan does not do that. State or local political party. But let I have heard speaker after speaker The message that money buys then can us be honest. This amendment would talking about laws not being enforced. reach more voters and the voters can virtually turn over the campaign fi- What about more laws without enforce- judge for themselves the message and nance system to the wealthy and the ment? Yet folks in this city have who is supporting it. special interests. worked themselves into a state of Like Fox News, the Doolittle ap- Mr. Chairman, in a recent survey, hysteria over what they call campaign proach says to voters, ‘‘We report, you over 50 percent of Americans said they finance reform. This in spite of the fact decide.’’ If the liberal media is so con- believe that Abraham Lincoln’s revered that survey after survey show that cerned about how much campaigns cost formulation that our democracy is a most Americans rate campaign finance today, then why do they not turn government of, by and for the people reform near the bottom of their con- themselves into electronic Wal-Marts no longer applies. Passing the Doolittle cerns, if they rate it at all. Then why and charge the lowest prices for cam- substitute will regrettably confirm this the hysteria? paign ads? No, the highest. They are very cynical perception of public serv- The liberals’ idea of reform rests pri- like an airline carrier charging hos- ice and public servants. marily on restricting the free flow of tage-level prices for tickets and com- It will take the passage of meaning- moneys and ideas to the public through plaining that people are spending too ful, comprehensive campaign finance any channels except those they control much money on transportation. reform, which is the Shays-Meehan and they regulate. To add a little more perspective, dur- bill, H.R. 417, to change the prevailing The refreshing motto of Fox Cable ing the Super Bowl the networks attitude. News network is ‘‘We report and you charge more for a single 30-second com- Mr. Chairman, the key word here is decide.’’ That is how elections ought to mercial than I have spent in two con- comprehensive campaign finance re- be. We report who helped us and you gressional elections, $1.6 million. Is form. The Doolittle substitute, al- decide. By contrast, the motto of lib- anybody crying about that? September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8265 Liberals cry that too much money Mr. BOEHLERT. Mr. Chairman, I rise democratic process. But the substitute buys elections and corrupts the proc- in strong opposition to the Doolittle does more harm by failing to require ess. People need to understand the can- substitute, which is quite simply an ef- disclosure of special interest money didates and what they stand for. Thirty fort to kill the Shays-Meehan bill. The used in certain campaign ads. These million Americans listen to network Doolittle substitute not only would ads have avoided disclosure require- news regularly. One hundred million block any new efforts to reform cam- ments by posing as issue advocacy. Americans elect our Presidents. In paign finance, it would actually repeal I believe that Americans have the 1996, 76 million Americans voted for the few successful reforms that we right to know who is influencing the Congress. Only 30 million of those peo- passed in the 1970s. outcome of our elections. ple watch the news regularly. Some- The fundamentals of our democratic Mr. DOOLITTLE. Mr. Chairman, I how, the message of our candidates has system are at risk, and this Congress yield 1 minute to the distinguished to get out to the people. It takes must not be so complacent as to ignore gentleman from Michigan (Mr. money. It takes a message. The people the evidence that is all around us. KNOLLENBERG). will buy when money is behind a mes- Turn-out in elections is at an all time Mr. KNOLLENBERG. Mr. Chairman, sage, because if the other were the low. Polls show public confidence in I am a cosponsor of the Doolittle bill case, we would have elected Huffington government at record lows as well. As and am proud to stand here in front of for the Senate because he certainly had the Supreme Court has noted many my colleagues in full support of that the money, we would have elected times, democracy can thrive only if bill. I congratulate the gentleman from Forbes and Perot for President because there is a marketplace of ideas, but it California (Mr. DOOLITTLE) for bringing forward this bill, and I thank him for they had the money. It is the message is not supposed to be a marketplace yielding me time. that has to be driven by the money. that belongs to the highest bidder. Campaign finance is like so many Certainly Eugene McCarthy would By a marketplace of ideas our fore- other issues. There are two basic phi- not have had a shot to run against fathers meant a place of fair, free, and losophies. Free speech and free market open exchange. But in our time we Lyndon Johnson if Stuart Motts had is one philosophy; increasing the size of have perverted that concept so that the not come to his aid because Lyndon the Federal Government with more re- marketplace of ideas has become com- Johnson had shut down his ability to strictive regulations is the other phi- mercial, a place where ideas triumph raise money. losophy. Mr. Chairman, I stand before when they are backed by large sums of Yes, Mr. Chairman, when it comes to our colleagues in favor of free speech. money. really eliminating corruption and cre- Over time, a big-government approach The very way we talk about cam- ating a fairer, freer and more constitu- has choked our campaigns. Regulation paigns shows how far we have drifted tional environment in American polit- without provision for inflation has from our Founding Fathers’ ideas. Op- ical life, I support Doolittle. We need dwindled the real value of contribu- ponents of Shays-Meehan say that the to simplify the process, not turn it tions to just 30 percent of what it was system is not out of kilter because soft over to another government bureauc- when enacted. Indeed, Mr. Chairman, money amounts to only about 50 cents racy. these strangling limits may be what per voter. But that is an advertising Mr. HOYER. Mr. Chairman, I yield 1 led the Democrats into all of their minute to the distinguished gentleman concept, not a civic concept. campaign finance irregularities. from Minnesota (Mr. LUTHER). Mr. Chairman, I urge my colleagues Let us pass the Doolittle substitute. to beware of sunshine patriots who b 2015 Let us free up political speech as Amer- come to the defense of the first amend- ica’s founders intended, in the tradi- Mr. LUTHER. Mr. Chairman, I rise in ment only when the free speech being tion of Thomas Payne, the publisher of opposition to the Doolittle amend- defended comes with a price tag. free political speech in that famous ment. This amendment which allows Mr. MEEHAN. Mr. Chairman, I yield document, Common Sense, that en- unrestricted contributions in our fed- 1 1 ⁄2 minutes to the gentlewoman from abled the creation of this great Nation. eral political process shows just how Wisconsin (Ms. BALDWIN), a truly out- Mr. Chairman, I urge support of the out of touch Congress can become. standing member of the freshman class Doolittle substitute. I challenge all Members of this body and a member of the Committee on the Mr. HOYER. Mr. Chairman, I yield 1 to go to any meeting in their district Judiciary. minute to the gentleman from North and ask their constituents how many Ms. BALDWIN. Mr. Chairman, we are Carolina (Mr. PRICE), a distinguished can afford a $1,000 contribution. They living in a day and age when there is a political scientist who has probably will get virtually no one in that room, tremendous amount of cynicism about studied elections as much as any of us and they will get a lot of snickers from electoral politics and involvement in on the floor. the people in that room. democracy. The perception that can- Mr. PRICE of North Carolina. Mr. Mr. Chairman, if Congress truly didates are being bought, that elec- Chairman, I thank the gentleman for wants to reduce the influence of money tions are more like auctions, has re- yielding this time to me. in politics today, we should work to set sulted in a widely held sentiment that Mr. Chairman, we have an oppor- up a system where more people can a person’s vote does not count any tunity today to take a serious step to- participate and give small amounts in more. I believe that the Shays-Meehan ward cleaning up elections financially the political process. We have done bill is an important step in the right and otherwise. The Shays-Meehan bill some of that at our State level in Min- direction to regain the trust of the closes the soft money loophole that has nesota, and other States have taken American people and to reclaim our de- made a mockery of the existing con- similar steps. mocracy. tribution limits. It holds advocacy The absolute last thing we should do Mr. Chairman, the Shays-Meehan bill groups accountable for the money they to get money out of politics is to allow is the only comprehensive campaign fi- raise and spend in campaigns. It a few interests to give even more nance reform package before us today. strengthens enforcement. And it in- money than they are giving today. The It bans all contributions of soft money cludes a variant of my stand-by-your- Doolittle amendment moves us in ex- and shines a spotlight on the way spe- ad bill to make candidates and com- actly the wrong direction. It gives us cial interest groups have been able to mittees more accountable for the ads less democracy rather than more. Mr. influence the outcomes of elections. they run. Chairman, I urge its defeat. The Doolittle substitute by contrast Stand-by-your-ad was first intro- Mr. WAMP. Mr. Chairman, I yield 11⁄2 does nothing to limit contributions or duced by the gentleman from Cali- minutes to the gentleman from New to reign in sham issue advocacy ads. fornia (Mr. HORN) and myself 2 years York (Mr. BOEHLERT) who represents By removing all contribution limits, ago. It is a good North Carolina idea Cooperstown and the baseball Hall of the Doolittle substitute would allow originated by Lieutenant Governor Fame. individuals and PACs to make unlim- Dennis Wicker, recently passed by our (Mr. BOEHLERT asked and was given ited contributions to candidates and General Assembly and signed into law. permission to revise and extend his re- parties. I fear that alone would further It will make candidates think twice be- marks.) erode the public confidence in our fore running mud-slinging or distorted H8266 CONGRESSIONAL RECORD — HOUSE September 14, 1999 ads, for the sponsoring candidate will clean this up. Unfortunately, strong b 2030 have to appear in that ad and take re- differences of opinion have frustrated Americans want their representa- sponsibility for it. these efforts over the last 10 years. Nu- tives to be chosen not based on the Shays-Meehan is legislation we merous bills have come up. They have richness of their pocketbook but the should have passed months ago, but I been subject to filibusters, to vetoes, to richness of their character and mes- am pleased that this bill is finally on deadlocks, and the inability that we sage. In short, they want a government the House floor. Many of us wish the have had between Congress and the of the people, by the people, for the bill did more, but it is a compromise White House to agree on how to pro- people. Let us have the courage to give worthy of our support. ceed. them what they want, not because it I urge defeat of all substitutes and This fall we have an opportunity to will benefit their fund-raising coffers passage of the Bipartisan Campaign agree. We have an opportunity to pass but because they deserve nothing less. Reform Act. legislation in the House, the Senate, Vote no on the substitute amendment 1 Mr. WAMP. Mr. Chairman, I yield 1 ⁄2 send it to the White House for signa- and support real campaign finance re- minutes to the gentleman from Con- ture. We cannot let amendments like form. necticut (Mr. SHAYS) who has shown the one that is under consideration un- Mr. MEEHAN. Mr. Chairman, I yield exemplary demeanor all day today. dermine this effort. myself the balance of my time. Mr. SHAYS. Mr. Chairman, I thank Mr. WAMP. Mr. Chairman, I yield The CHAIRMAN. The gentleman the gentleman for yielding this time to myself the balance of my time. from Massachusetts (Mr. MEEHAN) is me, and as the gentleman from Penn- The CHAIRMAN. The gentleman recognized for 11⁄2 minutes. sylvania (Mr. PETERSON) was speaking, from Tennessee has 1 minute remain- Mr. MEEHAN. Mr. Chairman, in I, for one, thought how good it was to ing. many ways, the debate on this sub- have him come back after his surgery Mr. WAMP. Mr. Chairman, I just stitute is a debate that I think crys- but how I disagreed with him on his would like to say that this substitute tallizes the differences of opinion of basic point. The bottom line is this bill is an honest effort, frankly, to address what we are doing. Many of the sub- eliminates soft money, the unregulated this issue because it is intellectually stitutes and many of the amendments money from individuals, corporations, pure and ideologically doable, and I ap- are really designed to cloud the issue, labor unions, and other interest plaud the gentleman from California are really designed to fool the public. groups. It calls the sham issue ads (Mr. DOOLITTLE). Unlike the third sub- That is not the case with this sub- what they are, campaign ads, which stitute amendment which we will con- stitute. This is a case of a difference of means to run them free speech, but sider tonight, the Thomas substitute, opinion. have to have disclosure, and that is which is really not about campaign fi- The gentleman from California (Mr. something that is not in the substitute nance reform, it is about campaign re- DOOLITTLE), and I respect his honesty, offered by the gentleman from Cali- form and FEC reform and technical would like to repeal all contribution fornia (Mr. DOOLITTLE). He does not corrections, and we tried to make an limits. He wants to end the presi- want the sham issue ads to be disclosed amendment to the underlying bill in- dential system of public financing, even though he says he is for disclo- stead of a freestanding substitute. This which is an incentive to get the presi- sure. substitute and the Hutchinson sub- dential candidates to limit how much Mr. Chairman, the third thing it does stitute are good efforts to look at the money they spend. Yes, in fact, I think is we require immediate disclosure on alternatives that we have before us. this amendment crystallizes the dif- the Internet of expenditures, and we But this is not an ideologically per- ference between those who think we provide for stronger FEC enforcement; fect situation because I do not think should have more money in the elec- and then anything we have not dealt the American people would allow us to tion process in this country and those with in our bill, we deal with in the go back to the way things were a long, of us who believe we should try to less- commission bill. long time ago with unlimited contribu- en the influence of money in American It has been against the law since 1907 tions. I understand full disclosure politics. for corporations to contribute to cam- would be there and the American peo- I have to say, I think the American paigns. It has been against the law ple could go out and elect folks, but in people are with those of us who want to since 1947 for union dues money to be this day of money and power and influ- lessen the influence. Two out of three used in campaigns. It has been against ence and the entertainment industry Americans think that money has an the law since 1974 for foreign countries really having such an impact on people excessive influence on elections and to contribute to our campaigns. But all and television being such a powerful government policy. According to the three take place, and they take place medium, I think the people expect us Committee of Economic Development, through the absurdity of soft money to try our best to fix the current sys- a group of CEOs, two-thirds of the pub- and these sham issue ads. tem. lic think that their own representative Mr. Chairman, I believe that dirty Mr. Chairman, that is what Shays- in Congress would listen to the views of disclosed money beats no money any Meehan does, and I support it and not outsiders who made large political con- day, and what we do is we provide for the substitute. tributions before a constituent’s views, disclosure, and we provide for an even Mr. HOYER. Mr. Chairman, I yield 1 and 92 percent of the people think that field for all who wish to participate in minute to the distinguished gentleman too much money is being spent on po- the political process. from Tennessee (Mr. CLEMENT). litical campaigns in our country. Mr. MEEHAN. Mr. Chairman, I yield Mr. CLEMENT. Mr. Chairman, I rise So this is a clear choice. Whether one 1 minute to the gentleman from Min- today in opposition to the substitute wants to have more money spent, more nesota (Mr. MINGE). amendment, in strong support for the wealthy individuals spending unlimited Mr. MINGE. Mr. Chairman, I would Shays-Meehan bipartisan campaign fi- amounts of money so that somehow like to thank the gentleman from Mas- nance reform act. elections become we are going to com- sachusetts for yielding this time to me. An editorial in one of today’s news- pete with soap suds or Coca Cola or This legislation that is considered in papers in my home State of Tennessee Pepsi, or whether or not we are going the House of Representatives on Sep- says it is hard to overestimate the im- to reform this system, let us defeat tember 14, 1999, in my opinion is the portance of this vote for rebuilding this substitute and pass Shays-Meehan most important legislation that we public trust in the American electoral tonight. take up in this session. It goes to the system. Congress has debated cam- Mr. DOOLITTLE. Mr. Chairman, I heart of the political process in Amer- paign finance reform since 1985, and in yield myself the balance of my time. ica, the integrity of our electoral proc- the meantime the public has only The CHAIRMAN. The gentlemen ess. grown more disenchanted with our po- from California (Mr. DOOLITTLE) is rec- All of us know the level of cynicism litical process. Americans want their ognized for 51⁄2 minutes. that exists in our communities regard- elected representatives to act in their Mr. DOOLITTLE. Mr. Chairman, I ing politics in America. I believe that best interests, not in the interest of hate to talk about myself as an exam- all of us have a commitment to try to the privileged few. ple but I think I will, just to illustrate September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8267 the point of view that I have about TERSON) very accurately stated the re- tem, then support Shays-Meehan. If my this. I could talk about Eugene McCar- alities there. colleagues believe there is too much in- thy, the Senator who was able to run However, one can never win an elec- fluence of money in the political proc- for President, was not subject to this tion without money. Money is what ess, then support Shays-Meehan. because this law did not exist in those gives one the opportunity to present The difference between the two is days. I think he said he raised a mil- their views to the electorate. very simple. Rather than take a step to lion dollars from ten people. It was I just think the arguments are so cir- contain the big dollar contributions to enough money to basically successfully cuitous; it is like black is white and the political parties, Doolittle would move out of the presidential race the white is black when I listen to this de- blow the lid off current contribution incumbent President Lyndon Johnson. bate. limits. Instead of reducing the influ- He definitely made a huge impact on I am taking the position I am taking ence of special interest money, the the affairs of the Nation by the step because I want the average person to Doolittle substitute would start a bid- that he took. I think many, looking be able to run for office. The wealthy ding war. back, would view what he did as a posi- can already run for office. In fact, they Shays-Meehan, on the other hand, tive step for the Nation. are the only ones in the whole country would eliminate the biggest of the big I could talk about Senator James that have no spending limit under the money contributions to the political Buckley who has authored an excellent present law. They can spend whatever process, the unregulated soft money article, and it is interesting because they choose to get elected. It is only contributions. this is the plaintiff in the famous the rest of us that are limited in terms This chart demonstrates the trend of Buckley versus Valeo case, who is now of the contributions that we can re- soft money contributions during presi- a senior judge with the U.S. Circuit ceive. dential election years. In 1988, it was Court of Appeals for the District of Co- Existing government regulation of roughly $45 million; but then it esca- lumbia. If I have time, I will quote campaigns is poisoning our system, and lates every presidential year after this. from this article, but it is in the cur- yet despite that fact, despite the fact In 1992, $86 million; 1996, $262 million; rent issue of National Review. Sep- that soft money is a symptom of the and if current projections of the first 6 tember 27 is the date; great article. It problem, it is not the problem, it is months of this year hold true, we are is an interesting perspective by the au- being treated as the problem. looking at between $500 million to $750 thor. What happens with a patient? I am million in soft money contributions in Let me just talk about why I am so not a doctor but I have been sick and this next election cycle. opposed to the other approach, the big we all know people who have been. The people across the country see government one, the increased regu- What happens when the doctors treat what is happening. They may not un- latory approach, which I submit has the symptom rather than the problem? derstand the nuances of current cam- never worked and cannot work and will The patient is not cured. paign finance rules, but they do under- not work, which I also submit is large- This problem has been misdiagnosed stand that there is too much money in ly unconstitutional and would be for 25 years. We have been piling on the political system and that money struck down by the Supreme Court more and more and more regulations. translates into access and influence. under the precedents that have been It is like the doctor that gives a pre- What is funny about today’s debate is set, but even beyond that is highly un- scription and the patient is still sick so some of the CEOs who are making desirable because it is going to have he doubles the dosage. The patient these large soft money contributions the effect of curtailing political speech comes back sicker yet. He doubles it are also saying that the system is bro- before elections, which is just when we again. ken and needs fixing. In fact, a busi- want to have all the information and Voter participation has continued to ness group called the Committee for speech that we can get. decline coincidentally, though not a Economic Development recently en- Yes, people are cynical, I acknowl- coincidence in my view, with the en- dorsed campaign finance reform. The edge that as well, but unfortunately actment of the 1974 amendments to the chairman of that committee calls the this sort of failed approach piling on Federal Election Campaign Act, the current system a ‘‘shakedown’’ and more of the same old failing ap- very law that we are faced with today. business executives have no choice but proaches is not going to relieve the The more we pile on regulation, the to ‘‘play by the rules of the game.’’ cynicism. more we discourage people from par- It is time to rewrite the rules of that The Washington Times correctly re- ticipating; the more we reward the game and eliminate soft money con- fers to this as a campaign finance cha- wealthy and those who have notoriety. tributions. So I urge my colleagues to rade; and unfortunately, I believe that What is the matter with a person of av- reject this ‘‘show-me-the-money’’ sub- is correct. erage means being able to run for office stitute bill that is being offered and in- Let me just go to my own case. When and going and getting some other peo- stead support true comprehensive cam- I ran for office in 1980, no one had ever ple who have greater means to back paign finance reform, the Shays-Mee- heard of me. I had never held any polit- him, or back her, and get those views han bill. ical office of any kind, but I cared out? This vote is long overdue. For almost three about crime and education and taxes Money does not buy the elections but years we have heard about the abuses in the and I ran and I was able to get support money is the means of communicating campaign finance system. We have heard from a relative handful of people that the views to the electorate and then from our constituents that they feel their voice were willing to put in substantial the electorate can decide. I ask for an has been drowned out by the big money spe- amounts of money just like they did ‘‘aye’’ vote. cial interests who push their own agenda. We for Senator McCarthy. Mr. HOYER. Mr. Chairman, I yield 2 have heard a lot of rhetoric from leaders in Had I been forced to run under the minutes to the gentleman from Wis- Washington who say they want to clean up present laws we have today, I would consin (Mr. KIND) to close on our side. our elections yet have failed to allow a vote on never have been successful; I could not (Mr. KIND asked and was given per- changing the system until now, when it is too have been because when one does not mission to revise and extend his re- late to affect this year's elections. have any name ID or any notoriety, marks.) There are many members of this body who one cannot get lots of contributions Mr. KIND. I thank my friend, the are committed to reform of our broken cam- from the general electorate just by gentleman from Maryland (Mr. HOYER) paign finance system. I applaud the efforts of sending out a mailing. Nobody has ever for yielding me this time. my friends Congressmen SHAYS and MEEHAN heard of his name. So one needs the Mr. Chairman, I rise in opposition to for their courageous leadership on this issue. ability, as a challenger, to be able to go the Doolittle substitute and in strong The Shays-Meehan bill will take the biggest and raise seed money. It is not because support of the Shays-Meehan bill. I money out of the political process and bring money buys elections. Money does not think there is just a fundamental dif- some control to the independent expenditures buy elections. That has been dem- ference between these two different that have come to dominate our elections. It is onstrated time and time again. The bills. If my colleagues believe there is a good first step to fix a problem that has no gentleman from Pennsylvania (Mr. PE- too much money in the political sys- simple solution. H8268 CONGRESSIONAL RECORD — HOUSE September 14, 1999 I had worked in the last session of Con- Paul Scarborough Tancredo Sensenbrenner Stupak Walden Pease Schaffer Tauzin Serrano Talent Walsh gress with a bipartisan coalition of freshman Peterson (PA) Sessions Taylor (NC) Shays Tanner Wamp members of Congress to craft our own cam- Pickering Shadegg Thomas Sherman Tauscher Waters paign finance reform bill. That bill is a sub- Pitts Shimkus Thornberry Sherwood Taylor (MS) Watt (NC) stitute bill being considered today. I will not Pombo Shuster Tiahrt Shows Terry Watts (OK) Radanovich Simpson Toomey Sisisky Thompson (CA) Waxman support that bill this year because it is more Riley Skeen Traficant Skelton Thompson (MS) Weiner narrow in focus, although it still gets at the Rogan Smith (TX) Watkins Smith (MI) Thune Weldon (PA) most common abuses in the campaign system Rogers Spence Weldon (FL) Smith (NJ) Thurman Weller Rohrabacher Stump Whitfield Smith (WA) Tierney Wexler without a constitutional threat. Since Shays- Ryun (KS) Sununu Wicker Snyder Towns Weygand Meehan passed the last session of Congress, Salmon Sweeney Young (AK) Souder Turner Wilson and because it is more comprehensive, I will Spratt Udall (CO) Wise continue my support for it. NOES—306 Stabenow Udall (NM) Wolf Stark Upton Woolsey Both the Shays-Meehan substitute and the Abercrombie Farr Maloney (CT) Stearns Velazquez Wu Hutchinson substitute are honest, bipartisan Ackerman Fattah Maloney (NY) Stenholm Vento Wynn Aderholt Filner Manzullo Strickland Vitter attempts to fix our broken election process. I Allen Fletcher Markey believe that this House works best when we Andrews Foley Mascara NOT VOTING—10 work in a bipartisan manner, and that is how Archer Forbes Matsui Hastings (FL) Pryce (OH) Visclosky Bachus Ford McCarthy (MO) Kingston Ros-Lehtinen Young (FL) both these bills were created. However, be- Baird Frank (MA) McCarthy (NY) cause only one bill can advance today, given Lewis (CA) Shaw Baker Franks (NJ) McCollum Martinez Slaughter the current rules of debate, that bill should be Baldacci Frelinghuysen McDermott Shays-Meehan. Baldwin Frost McGovern b 2104 Barcia Gallegly McHugh Ultimately this debate boils down to the be- Barrett (NE) Ganske McIntyre Mr. GRAHAM changed his vote from lief that there is too much money in cam- Barrett (WI) Gejdenson McKinney ‘‘aye’’ to ‘‘no.’’ paigns. If you support that idea, as I do and Bartlett Gephardt McNulty So the amendment in the nature of a Bass Gilchrest Meehan most constituents I talk to in western Wis- Becerra Gillmor Meek (FL) substitute was rejected. consin do, then you support campaign finance Bentsen Gilman Meeks (NY) The result of the vote was announced reform. If you believe that we need more Bereuter Gonzalez Menendez as above recorded. money in the system then you will oppose Berkley Goode Metcalf Stated against: Berman Goodling Mica Shays-Meehan. Berry Gordon Millender- Ms. SLAUGHTER. Mr. Chairman, on rollcall The majority of the public doesn't believe Bilbray Graham McDonald No. 419, I was unavoidably detained on official that Congress has the courage to change a Bishop Granger Miller, George business. Had I been present, I would have Blagojevich Green (TX) Minge system that appears to benefit our own inter- Blumenauer Green (WI) Mink voted ``no.'' ests. Today we have the opportunity to show Boehlert Greenwood Moakley The CHAIRMAN. It is now in order to the public that we can take the big money out Bonior Gutierrez Mollohan consider amendment No. 12 printed in Bono Hall (OH) Moore House Report 106–311. of this system and put elections back into the Borski Hill (IN) Moran (KS) hands of the people we are sworn to rep- Boswell Hill (MT) Moran (VA) AMENDMENT NO. 12 IN THE NATURE OF A resent. It's time to reduce the cynicism in our Boucher Hilleary Morella SUBSTITUTE OFFERED BY MR. HUTCHINSON political process and increase the credibility of Boyd Hilliard Murtha Mr. HUTCHINSON. Mr. Chairman, I Brady (PA) Hinchey Myrick this democratic institution. Support the Shays- Brown (FL) Hinojosa Nadler offer an amendment in the nature of a Meehan campaign reform bill. Brown (OH) Hoeffel Napolitano substitute. The CHAIRMAN. The question is on Campbell Holden Neal The CHAIRMAN. The Clerk will des- Canady Holt Ney ignate the amendment in the nature of the amendment in the nature of a sub- Capps Hooley Northup stitute offered by the gentleman from Capuano Horn Nussle a substitute. California (Mr. DOOLITTLE). Cardin Houghton Oberstar The text of the amendment in the na- The question was taken; and the Carson Hoyer Obey ture of a substitute is as follows: Castle Hulshof Olver Chairman announced that the noes ap- Chabot Hutchinson Ortiz Amendment No. 12 in the nature of a peared to have it. Clay Hyde Ose substitute offered by Mr. HUTCHINSON: Clayton Inslee Owens RECORDED VOTE Strike all after the enacting clause and in- Clement Isakson Pallone sert the following: Mr. DOOLITTLE. Mr. Chairman, I de- Clyburn Istook Pascrell SECTION 1. SHORT TITLE. mand a recorded vote. Condit Jackson (IL) Pastor Conyers Jackson-Lee Payne This Act may be cited as the ‘‘Campaign A recorded vote was ordered. Cook (TX) Pelosi Integrity Act of 1999’’. The vote was taken by electronic de- Costello Jefferson Peterson (MN) TITLE I—SOFT MONEY AND CONTRIBU- vice, and there were—ayes 117, noes 306, Coyne John Petri Cramer Johnson (CT) Phelps TIONS AND EXPENDITURES OF POLIT- not voting 10, as follows: Crowley Johnson, E. B. Pickett ICAL PARTIES [Roll No. 419] Cummings Jones (OH) Pomeroy SEC. 101. BAN ON SOFT MONEY OF NATIONAL PO- Danner Kanjorski Porter AYES—117 LITICAL PARTIES AND CANDIDATES. Davis (FL) Kaptur Portman Title III of the Federal Election Campaign Armey Cooksey Hobson Davis (IL) Kelly Price (NC) Act of 1971 (2 U.S.C. 431 et seq.) is amended Ballenger Cox Hoekstra Davis (VA) Kennedy Quinn Barr Crane Hostettler Deal Kildee Rahall by adding at the end the following new sec- Barton Cubin Hunter DeFazio Kilpatrick Ramstad tion: Bateman Cunningham Jenkins DeGette Kind (WI) Rangel ‘‘BAN ON USE OF SOFT MONEY BY NATIONAL Biggert DeLay Johnson, Sam Delahunt Kleczka Regula POLITICAL PARTIES AND CANDIDATES Bilirakis Dickey Jones (NC) DeLauro Klink Reyes Bliley Doolittle Kasich DeMint Kucinich Reynolds ‘‘SEC. 323. (a) NATIONAL PARTIES.—A na- Blunt Dreier King (NY) Deutsch Kuykendall Rivers tional committee of a political party, includ- Boehner Dunn Knollenberg Diaz-Balart LaFalce Rodriguez ing the national congressional campaign Bonilla Ehrlich Kolbe Dicks LaHood Roemer committees of a political party, and any offi- Brady (TX) Everett Largent Dingell Lampson Rothman cers or agents of such party committees, Bryant Fossella Latham Dixon Lantos Roukema may not solicit, receive, or direct any con- Burr Fowler Lewis (KY) Doggett Larson Roybal-Allard Burton Gekas Linder Dooley LaTourette Royce tributions, donations, or transfers of funds, Buyer Gibbons Lucas (OK) Doyle Lazio Rush or spend any funds, which are not subject to Callahan Goodlatte McCrery Duncan Leach Ryan (WI) the limitations, prohibitions, and reporting Calvert Goss McInnis Edwards Lee Sabo requirements of this Act. This subsection Camp Gutknecht McIntosh Ehlers Levin Sanchez shall apply to any entity that is established, Cannon Hall (TX) McKeon Emerson Lewis (GA) Sanders financed, maintained, or controlled (directly Chambliss Hansen Miller (FL) Engel Lipinski Sandlin or indirectly) by, or acting on behalf of, a na- Chenoweth Hastings (WA) Miller, Gary English LoBiondo Sanford Coble Hayes Nethercutt Eshoo Lofgren Sawyer tional committee of a political party, includ- Coburn Hayworth Norwood Etheridge Lowey Saxton ing the national congressional campaign Collins Hefley Oxley Evans Lucas (KY) Schakowsky committees of a political party, and any offi- Combest Herger Packard Ewing Luther Scott cers or agents of such party committees. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8269

‘‘(b) CANDIDATES.— SEC. 104. INCREASE IN LIMIT ON CONTRIBU- tive in (or Delegate or Resident Commis- ‘‘(1) IN GENERAL.—No candidate for Federal TIONS BY MULTICANDIDATE POLIT- sioner to) the Congress; and office, individual holding Federal office, or ICAL COMMITTEES TO NATIONAL (2) to the Secretary of the Senate, in the any agent of such candidate or officeholder POLITICAL PARTIES. case of a communication involving a can- may solicit, receive, or direct— Section 315(a)(2)(B) of the Federal Election didate for election for Senator. Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(B)) ‘‘(A) any funds in connection with any Fed- (e) PENALTIES.—Whoever knowingly fails is amended by striking ‘‘$15,000’’ and insert- eral election unless such funds are subject to to— ing ‘‘$20,000’’. the limitations, prohibitions and reporting (1) remedy a defective filing within 60 days requirements of this Act; TITLE II—INDEXING CONTRIBUTION after notice of such a defect by the Secretary ‘‘(B) any funds that are to be expended in LIMITS of the Senate or the Clerk of the House of connection with any election for other than SEC. 201. INDEXING CONTRIBUTION LIMITS. Representatives; or a Federal office unless such funds are not in Section 315(c) of the Federal Election Cam- (2) comply with any other provision of this excess of the amounts permitted with re- paign Act of 1971 (2 U.S.C. 441a(c)) is amend- section, spect to contributions to Federal candidates ed by adding at the end the following new shall, upon proof of such knowing violation and political committees under section paragraph: by a preponderance of the evidence, be sub- 315(a)(1) and (2), and are not from sources ‘‘(3)(A) The amount of each limitation es- ject to a civil fine of not more than $50,000, prohibited from making contributions by tablished under subsection (a) shall be ad- depending on the extent and gravity of the this Act with respect to elections for Federal justed as follows: violation. office; or ‘‘(i) For calendar year 2001, each such ‘‘(C) any funds on behalf of any person amount shall be equal to the amount de- SEC. 302. REQUIRING MONTHLY FILING OF RE- which are not subject to the limitations, pro- scribed in such subsection, increased (in a PORTS. hibitions, and reporting requirements of this compounded manner) by the percentage in- (a) PRINCIPAL CAMPAIGN COMMITTEES.—Sec- Act if such funds are for the purpose of fi- crease in the price index (as defined in sub- tion 304(a)(2)(A)(iii) of the Federal Election nancing any activity on behalf of a candidate section (c)(2)) for each of the years 1999 Campaign Act of 1971 (2 U.S.C. for election for Federal office or any commu- through 2000. 434(a)(2)(A)(iii)) is amended to read as fol- nication which refers to a clearly identified ‘‘(ii) For calendar year 2005 and each fourth lows: candidate for election for Federal office. subsequent year, each such amount shall be ‘‘(iii) monthly reports, which shall be filed ‘‘(2) EXCEPTION FOR CERTAIN ACTIVITIES.— equal to the amount for the fourth previous no later than the 20th day after the last day Paragraph (1) shall not apply to— year (as adjusted under this subparagraph), of the month and shall be complete as of the ‘‘(A) the solicitation or receipt of funds by increased (in a compounded manner) by the last day of the month, except that, in lieu of an individual who is a candidate for a non- percentage increase in the price index for filing the reports otherwise due in November Federal office if such activity is permitted each of the four previous years. and December of the year, a pre-general elec- under State law for such individual’s non- ‘‘(B) In the case of any amount adjusted tion report shall be filed in accordance with Federal campaign committee; or under this subparagraph which is not a mul- clause (i), a post-general election report ‘‘(B) the attendance by an individual who tiple of $100, the amount shall be rounded to shall be filed in accordance with clause (ii), holds Federal office or is a candidate for the nearest multiple of $100.’’. and a year end report shall be filed no later than January 31 of the following calendar election for Federal office at a fundraising TITLE III—EXPANDING DISCLOSURE OF year.’’. event for a State or local committee of a po- CAMPAIGN FINANCE INFORMATION litical party of the State which the indi- (b) OTHER POLITICAL COMMITTEES.—Section SEC. 301. DISCLOSURE OF CERTAIN COMMUNICA- 304(a)(4) of such Act (2 U.S.C. 434(a)(4)) is vidual represents or seeks to represent as a TIONS. amended to read as follows: Federal officeholder, if the event is held in (a) IN GENERAL.—Any person who expends such State. an aggregate amount of funds during a cal- ‘‘(4)(A) In a calendar year in which a regu- larly scheduled general election is held, all ‘‘(c) PROHIBITING TRANSFERS OF NON-FED- endar year in excess of $25,000 for commu- political committees other than authorized ERAL FUNDS BETWEEN STATE PARTIES.—A nications described in subsection (b) relating committees of a candidate shall file— State committee of a political party may to a single candidate for election for Federal ‘‘(i) monthly reports, which shall be filed not transfer any funds to a State committee office (or an aggregate amount of funds dur- no later than the 20th day after the last day of a political party of another State unless ing a calendar year in excess of $100,000 for of the month and shall be complete as of the the funds are subject to the limitations, pro- all such communications relating to all such last day of the month, except that, in lieu of hibitions, and reporting requirements of this candidates) shall file a report describing the filing the reports otherwise due in November Act. amount expended for such communications, together with the person’s address and phone and December of the year, a pre-general elec- ‘‘(d) APPLICABILITY TO FUNDS FROM ALL number (or, if appropriate, the address and tion report shall be filed in accordance with SOURCES.—This section shall apply with re- phone number of the person’s principal offi- clause (ii), a post-general election report spect to funds of any individual, corporation, cer). shall be filed in accordance with clause (iii), labor organization, or other person.’’. (b) COMMUNICATIONS DESCRIBED.—A com- and a year end report shall be filed no later than January 31 of the following calendar SEC. 102. INCREASE IN AGGREGATE ANNUAL munication described in this subsection is LIMIT ON CONTRIBUTIONS BY INDI- any communication which is broadcast to year; VIDUALS TO POLITICAL PARTIES. the general public through radio or tele- ‘‘(ii) a pre-election report, which shall be vision and which mentions or includes (by filed no later than the 12th day before (or (a) IN GENERAL.—The first sentence of sec- posted by registered or certified mail no tion 315(a)(3) of the Federal Election Cam- name, representation, or likeness) any can- didate for election for Senator or for Rep- later than the 15th day before) any election paign Act of 1971 (2 U.S.C. 441a(a)(3)) is in which the committee makes a contribu- amended by striking ‘‘in any calendar year’’ resentative in (or Delegate or Resident Com- missioner to) the Congress, other than any tion to or expenditure on behalf of a can- and inserting the following: ‘‘to political didate in such election, and which shall be committees of political parties, or contribu- communication which would be described in clause (i), (iii), or (v) of section 301(9)(B) of complete as of the 20th day before the elec- tions aggregating more than $25,000 to any tion; and other persons, in any calendar year’’. the Federal Election Campaign Act of 1971 if the payment were an expenditure under such ‘‘(iii) a post-general election report, which (b) CONFORMING AMENDMENT.—Section section. shall be filed no later than the 30th day after 315(a)(1)(B) of such Act (2 U.S.C. (c) DEADLINE FOR FILING.—A person shall the general election and which shall be com- 441a(a)(1)(B)) is amended by striking file a report required under subsection (a) plete as of the 20th day after such general ‘‘$20,000’’ and inserting ‘‘$25,000’’. not later than 7 days after the person first election. expends the applicable amount of funds de- ‘‘(B) In any other calendar year, all polit- SEC. 103. REPEAL OF LIMITATIONS ON AMOUNT ical committees other than authorized com- OF COORDINATED EXPENDITURES scribed in such subsection, except that in the BY POLITICAL PARTIES. case of a person who first expends such an mittees of a candidate shall file a report cov- amount within 10 days of an election, the re- ering the period beginning January 1 and (a) IN GENERAL.—Section 315(d) of the Fed- port shall be filed not later than 24 hours ending June 30, which shall be filed no later eral Election Campaign Act of 1971 (2 U.S.C. after the person first expends such amount. than July 31 and a report covering the period 441a(d)) is amended by striking paragraphs For purposes of the previous sentence, the beginning July 1 and ending December 31, (2) and (3). term ‘‘election’’ shall have the meaning which shall be filed no later than January 31 (b) CONFORMING AMENDMENTS.—Section given such term in section 301(1) of the Fed- of the following calendar year.’’. 315(d)(1) of such Act (2 U.S.C. 441a(d)(1)) is eral Election Campaign Act of 1971. (c) CONFORMING AMENDMENTS.—(1) Section amended— (d) PLACE OF SUBMISSION.—Reports re- 304(a) of such Act (2 U.S.C. 434(a)) is amended (1) by striking ‘‘(d)(1)’’ and inserting ‘‘(d)’’; quired under subsection (a) shall be by striking paragraph (8). and submitted— (2) Section 309(b) of such Act (2 U.S.C. (2) by striking ‘‘, subject to the limitations (1) to the Clerk of the House of Representa- 437g(b)) is amended by striking ‘‘for the cal- contained in paragraphs (2) and (3) of this tives, in the case of a communication involv- endar quarter’’ and inserting ‘‘for the subsection’’. ing a candidate for election for Representa- month’’. H8270 CONGRESSIONAL RECORD — HOUSE September 14, 1999 SEC. 303. MANDATORY ELECTRONIC FILING FOR about their views, about their philos- concerned about it, because they saw CERTAIN REPORTS. ophy. I believe there is a great deal of our bill as something that was unique, (a) IN GENERAL.—Section 304(a)(11)(A) of sincerity in this Chamber, and there that had never been tried before, that the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is amended by striking are a lot of different viewpoints that was common ground, something that the period at the end and inserting the fol- are expressed. I believe my colleagues could actually pass. lowing: ‘‘, except that the Commission shall on both sides of the aisle have engaged So we adopted a simple bill. There require the reports to be filed and preserved in this debate in a good-faith fashion, are three key elements to this sub- by such means, format, or method, unless caring about this issue. stitute that is being considered today. the aggregate amount of contributions or ex- We have been here before. We look One is stopping the soft money game. penditures (as the case may be) reported by back in the last Congress, and we all It bans the soft money to the Federal the committee in all reports filed with re- engaged in this debate. Some of us look parties. Secondly, it strengthens the spect to the election involved (taking into account the period covered by the report) is around and say, it is not as exciting role of the individuals and the parties less than $50,000.’’. this time. There is some truth to that, by indexing the contribution limits to (b) PROVIDING STANDARDIZED SOFTWARE because some of us have looked ahead inflation, so we empower individuals PACKAGE.—Section 304(a)(11) of such Act (2 and we sort of anticipate as to where more, and we make their contribution U.S.C. 434(a)(11)) is amended— this is going. more meaningful in the political proc- (1) by redesignating subparagraph (C) as I want to call this Chamber back to ess. subparagraph (D); and a moment of seriousness and reflection Thirdly, we increase information to (2) by inserting after subparagraph (B) the on the importance of what we are the public, so they will know more in- following new subparagraph: ‘‘(C) The Commission shall make available doing. Looking back to when I first formation more timely about who con- without charge a standardized package of came to Congress, I came with some of tributes to the political process. Three software to enable persons filing reports by the most exciting group of freshmen key elements: It meets the constitu- electronic means to meet the requirements that I have ever been associated with. tional standard, it is realistic, it avoids of this paragraph.’’. It was during those early days when we the extremes. SEC. 304. WAIVER OF ‘‘BEST EFFORTS’’ EXCEP- were meeting as a freshman class, the This year we came back for it. Some TION FOR INFORMATION ON OCCU- Democrats and Republicans, and we of my Democrat colleagues, who I still PATION OF INDIVIDUAL CONTRIBU- TORS. said, what can we work together on? appreciate the way they engaged in Section 302(i) of the Federal Election Cam- I look over to my good friend, the this enterprise with us, but they said paign Act of 1971 (2 U.S.C. 432(i)) is gentleman from Florida (Mr. DAVIS), that they would prefer the Shays-Mee- amended— and we all said, there are some things han. In my judgment, they just simply (1) by striking ‘‘(i) When the treasurer’’ we can do. We looked at campaign fi- drifted back a little bit to what was and inserting ‘‘(i)(1) Except as provided in nance reform. The Democrats said, let the extreme, that which has been tried paragraph (2), when the treasurer’’; and us get six Democrats, let us get six Re- before and which could not pass before. (2) by adding at the end the following new publican freshmen together, and let us I admire them for their commitment paragraph: to that philosophy, but the fact is, we ‘‘(2) Paragraph (1) shall not apply with re- go to work as a task force and see what spect to information regarding the occupa- good we can do. It has been the most are still here, we are still debating the tion or the name of the employer of any indi- exciting and rewarding endeavor that I same subject, and we still have the vidual who makes a contribution or con- have been engaged in. same needs to be realistic, to avoid the tributions aggregating more than $200 during I look back on that with great fond- extremes, and to be constitutional. a calendar year (as required to be provided ness, because we heard from the con- So as I met with the gentleman from under subsection (c)(3)).’’. stitutional experts, we heard from peo- Missouri (Mr. HULSHOF), the gentleman TITLE IV—EFFECTIVE DATE ple who are affected by it, the can- from Montana (Mr. HILL), the gen- SEC. 401. EFFECTIVE DATE. didates, the political leaders. We said, tleman from Texas (Mr. BRADY), the This Act and the amendments made by we have got to do some things that gentleman from Kansas (Mr. MORAN). this Act shall apply with respect to elections have not been done before. The problem We said, what shall we introduce this occurring after January 2001. in this Congress is that we have always year? We all looked at it and said, we The CHAIRMAN. Pursuant to House looked to the extremes. We have al- cannot get a better product. We worked Resolution 283, the gentleman from Ar- ways gone directions in which we could at it, and we cannot get a better prod- kansas (Mr. HUTCHINSON) and a Member not go to the common ground, and uct. We said, we can tinker with it opposed each will control 20 minutes. nothing passed. Let us do something here, we can make it something more The Chair recognizes the gentleman different. to our liking. We said, no, we cannot from Arkansas (Mr. HUTCHINSON). So we adopted a couple of principles. get a better product. Mr. DAVIS of Florida. Mr. Chairman, One of them is that we should avoid We introduced this year the exact I rise to ask to control the time in op- the extremes when we deal with this same bill that my freshmen colleagues position to the amendment. issue. Secondly, we should be realistic, on the Democrat side supported in the The CHAIRMAN. The gentleman what can really get passed; not what is last Congress. So here we are again, from Florida (Mr. DAVIS) is recognized ideal, what is perfect, not what we can and we are presenting it. We are asking for 20 minutes. do, but what we can do together, and to for the Members’ support for this sub- Mr. DAVIS of Florida. Mr. Chairman, be realistic? The third principle is, let stitute. We believe it is a good reform, I ask unanimous consent that the gen- us follow the Constitution. constitutional, and realistic. tleman from Connecticut (Mr. SHAYS) So taking those three simple prin- Mr. Chairman, I reserve the balance be allowed to control 7 minutes of my ciples, we drafted a bill. It is not some- of my time. time, and the gentleman from Massa- thing that the gentleman from Florida Mr. MEEHAN. Mr. Chairman, I yield chusetts (Mr. MEEHAN) be allowed to (Mr. DAVIS) wanted, it is not something 21⁄2 minutes to the gentleman from New control an additional 7 minutes of my I wanted, it is not something my good Jersey (Mr. PASCRELL), one of the out- time. friend, the gentleman from Maine (Mr. standing leaders of the freshman class The CHAIRMAN. Is there objection ALLEN) wanted. It is something that we of the last Congress. to the request of the gentleman from wanted together, because we wanted it Mr. PASCRELL. Mr. Chairman, as a Florida? to pass and become a reality. freshman lawmaker in the 105th Con- There was no objection. So we came up with a simple bill, and gress, I joined a bipartisan coalition of Mr. HUTCHINSON. Mr. Chairman, I simple bills are always dangerous. fellow freshmen in crafting legislation yield myself such time as I may con- When we presented this, immediately that would reform our fatally flawed sume. we were greeted with, well, you all just campaign finance system. I am proud I want to extend to my colleagues, got here and you do not understand to say that we were able to bridge the Mr. Chairman, congratulations on the how this system works. That will never partisan gap that too often pervades manner in which this debate is being work. Both the Democrat leadership our debate over legitimate public pol- conducted. I see people engaged in this and the Republican leadership were icy. We crafted a bill that Members on debate who are extremely passionate concerned about it. The Senate was both sides of the aisle could support. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8271 Our freshmen task force, remember prove our campaign finance laws. I sup- han bill strengthens the definition of what it was called, literally drove the port this legislation because it rep- express advocacy to include any com- debate when it seemed dead, and later resents real reform, it is constitu- munication that contains unambiguous joined the gentleman from Connecticut tional, and it is our best chance in and unmistakable support for or oppo- (Mr. SHAYS) and the gentleman from passing legislation this year to help re- sition to a clearly identified Federal Massachusetts (Mr. MEEHAN) to defeat store public faith in our system of cam- candidate and requires disclosure of a number of poison pill amendments paigns and elections. the expenditure that exceeds $1,000 that would have killed any chance of By banning so-called soft money at within 20 days of election or those ag- comprehensive reform. the Federal level this bill closes the gregating $10,000 at any time leading My friends, the gentleman from Ar- biggest loophole in our current finance up to 20 days before the election. kansas (Mr. HUTCHINSON) and the gen- system. Soft money contributions ef- I fully support organizations to make tleman from Virginia (Mr. ALLEN), fectively shred the contribution limits their positions known and to report on were effective voices during the debate in our current campaign finance law. the voting record of elected officials, last year. The bill our coalition sup- As long as we allow special interests to but I do not support organizations that ported is and was a good bill. It drove contribute millions from soft money hide behind this right to advocate the the debate. outside the regulated campaign finance election or defeat of particular can- As I voted against my own bill last system, the public will remain skep- didates. year, I plan to vote against the Hutch- tical about the integrity of our system. Shays-Meehan does not take away inson substitute today, not because it This legislation also improves the the rights of organizations to express is not an improvement over our cur- disclosure requirements for candidates their views. It does require them, when rent system, but because we are offered running for federal office. It would pro- advocating the election or defeat of a an opportunity for what I believe is a vide more detailed information regard- specific candidate, to play by the same better bill, a bill that would not be ing the origin of campaign contribu- rules as official campaigns. The Hutch- voted on this evening if it were not for tions and the time in which they need inson substitute does not do this. the courage of both the gentleman to be reported. It also calls for elec- I urge my colleagues to vote against from Arkansas (Mr. HUTCHINSON) and tronic disclosure to allow voters more the substitute and for real campaign fi- the gentleman from Maine (Mr. timely access to campaign informa- nance reform. Vote ‘‘no’’ on the Hutch- ALLEN), and those who believe in pro- tion. inson substitute and vote ‘‘yes’’ for ductive change. Finally, this bill improves disclosure Shays-Meehan. Mr. Chairman, we must again pass requirements for third party groups Mr. DAVIS of Florida. Mr. Chairman, Shays-Meehan and send a message to and lobbying organizations which run I yield 2 minutes to the distinguished the American people that a bipartisan television and radio advertisements. gentleman from Maryland (Mr. coalition in this body shares the same Unlike other campaign reform pro- CARDIN). view of 90 percent of Americans. Ninety posals, this bill does not seek to re- (Mr. CARDIN asked and was given percent of Americans believe in this strict or regulate free speech of outside permission to revise and extend his re- view. Our current campaign finance groups. It only seeks to inform the marks.) system needs real reform. It is time to public about who is running the ads. Mr. CARDIN. Mr. Chairman, let me stop making money the deciding factor Organizations that stand by their mes- thank the gentleman from Florida (Mr. in American politics and to restore sages and by their missions have noth- DAVIS) for yielding me this time. power to where it belongs, with the ing to fear from this legislation. Mr. Chairman, I have listened to the American voter. As students return to the classroom debate. I have listened to each of my We have all of us here helped to dis- this fall in high schools and colleges colleagues address the various amend- enfranchise the average voter, making across the country, they will be taught ments and now the substitutes. I think him or her feel helpless to have an im- the virtues of political democracy. there is broad consensus that we need pact on the American governmental Those students cannot help but be to reform our current campaign fi- system. skeptical of a system that is perceived nance system. and perhaps in reality is driven by dol- Let me just give my colleagues my b 2115 lars rather than people. They need to short list of the problems. We spend Mr. HUTCHINSON. Mr. Chairman, I know that their voice matters. They too much time raising money. We yield 3 minutes to the gentleman from need to know that this still is their spend too much money in campaigns. Kansas (Mr. MORAN) who has been ex- government. This legislation provides a We spend too much unreported money traordinarily instrumental in pushing common-sense evenhanded approach to in campaigns. There are too many this bill forward in support of cam- help restore the faith in our American loopholes in the system. It is cor- paign finance reform. political process. rupting the system, and we are losing Mr. MORAN of Kansas. Mr. Chair- Mr. Chairman, I urge the adoption of more and more public confidence that man, I just finished hosting 66 town the Hutchinson substitute. our system is truly objective. hall meetings across the 66 counties of Mr. SHAYS. Mr. Chairman, I yield Now, each one of us could craft what the First District of Kansas during the 11⁄2 minutes to the gentleman from we think is the perfect bill. Each one of August recess; and my constituents, Iowa (Mr. GANSKE). us could develop what we think would like the rest of the country, feel alien- (Mr. GANSKE asked and was given be the answer. But if we are going to be ated from government and from poli- permission to revise and extend his re- able to accomplish campaign finance tics. marks.) reform, I agree with the author of this The conventional wisdom that the Mr. GANSKE. Mr. Chairman, I stand substitute. ordinary citizen no longer has a say in in admiration of the gentleman from We need to support the campaign fi- our government is growing and that Kansas (Mr. MORAN), who just spoke, nance reform that has the only chance their voices are drowned out by a sea of for doing 66 town hall meetings. I think of being enacted this year and that is special interests and campaign contrib- he deserves the iron man award. But I the Shays-Meehan bill. This is the bill utors is prevalent. Unfortunately, their must disagree with him. that the public understands and sup- concerns are often justified. I rise in support of truth in adver- ports. I believe each of us understands I rise this evening in support of the tising, in support of Shays-Meehan and that if we had any chance to pass cam- Campaign Integrity Act and want to in opposition to this amendment in the paign finance reform this year, we need thank the gentleman from Arkansas nature of a substitute. This substitute to support the Shays-Meehan bill. It is (Mr. HUTCHINSON) for his hard work in does not address a fundamental prob- a comprehensive bill that deals with bringing this legislation before this lem, and that is sham issue ads. the under-regulated soft money. Each session of Congress. Ever since we were The Hutchinson substitute requires of us understands why we need to deal elected in 1996, the gentleman from Ar- disclosure of expenditures that exceed with that. kansas (Mr. HUTCHINSON) has worked to $25,000 per candidate or $100,000 per In a letter written to our Speaker achieve a bipartisan solution to im- multiple candidates. The Shays-Mee- just recently by business leaders, they H8272 CONGRESSIONAL RECORD — HOUSE September 14, 1999 indicated that soft money distorts the left out? Challengers are going to get Unfortunately, it fails the one most process. It is more than doubling every left out. Incumbents already have huge crucial test, and that is its ability to 2 years the amount of money being advantages in frank mail and media at- garner a bipartisan large overwhelming spent on soft money. We need to do tention and fund-raising, and Shays- passing number in this House. In fact, something about it. It is out of control. Meehan adds to those advantages. in the last session, the Hutchinson bill We need to close the loophole on so- Now, in my view, Shays will vir- received 147 votes, 105 votes fewer than called issue advocacy expenditures. We tually guarantee the reelection of in- the Shays-Meehan bill. The HUTCH- know that is wrong. We need to im- cumbents. That is why I call it an in- INSON bill was only able to garner 26 prove the Federal disclosure laws. cumbent protection act. There is an- Democrats to support it. So if my colleagues are for com- other choice, and that is the Hutch- This is the most partisan place on prehensive campaign finance reform, inson substitute tonight. earth, and everything we do is con- they really have only one choice, and If my colleagues support, as I do, a stantly geared to one party gaining ad- that choice is to defeat the substitutes ban on soft money, support the Hutch- vantage over the other, and there is and support Shays-Meehan. If we do inson substitute. If my colleagues sup- nothing wrong with that. The two- that, we have our best chance this year port, as I do, protecting free speech, party system works. of listening to our constituents and then they would want to support the But campaign finance reform is like doing something about the system to Hutchinson substitute. If my col- nuclear disarmament. Even if we can make it work for public confidence. leagues believe, as I do, that if we real- find within ourselves the nobility to Mr. HUTCHINSON. Mr. Chairman, I ly wanted to reform campaigns, we put our own personal interests aside yield 4 minutes to the distinguished need to promote competitive cam- and not protecting incumbencies, we gentleman from Montana (Mr. HILL) paigns, the only choice is the Hutch- have to achieve campaign finance re- who has been an extraordinary leader inson substitute. form in a way that lets both sides in this effort, but most important, he It solves those problems, and it does across the aisle look each other in the has been a former State party chair- it this way: It creates a separate limit eye and say ‘‘This does not give my man and has a great deal of expertise. for parties and a separate limit for can- party advantage over yours. This does Mr. HILL of Montana. Mr. Chairman, didates. So there is no competition be- not give your party advantage over I thank the gentleman from Arkansas tween candidates and their parties. It mine. And that is the only way that we for yielding me this time. bans soft money. It deals with issue ads will ever succeed in this effort.’’ Mr. Chairman, the American people by saying, if they are truly issue ads, Only Shays-Meehan meets that test. do not believe that Congress can re- then they have to be managed like Unfortunately, sadly, the work of the form the campaign finance laws. The issue ads, and that is to report it as a gentleman from Arkansas (Mr. HUTCH- reason they believe that is that they lobbying activity which appropriately INSON), as good as it is, does not meet believe that politicians will not reform it is. that test. For that reason, I urge a system that they depend upon for Now, there is another reason to sup- Shays-Meehan support. their survival. I am fearful tonight port this substitute as well, and that is b 2130 that we are going to confirm that be- because it could actually become law. Mr. MEEHAN. Mr. Chairman, I yield lief. The Senate has repeatedly rejected the 1 minute to the gentlewoman from In the past, reforms or so-called re- Shays-Meehan bill. If my colleagues Texas (Ms. JACKSON-LEE). forms have acted to protect incum- really believe in reform and if they (Ms. JACKSON-LEE of Texas asked bents to keep them getting reelected. want common sense reform, and they and was given permission to revise and That has worked. Ninety percent of in- want it actually to become law, then extend her remarks.) cumbents get reelected to this body. this is the way to make that happen. Ms. JACKSON-LEE of Texas. Mr. One of the reasons for that is that chal- If my colleagues vote no on the Chairman, this has been a very con- lengers cannot raise the resources they Hutchinson substitute, they are going structive debate, and I appreciate the need to challenge the incumbents. to confirm the suspicions of the Amer- various ideas that my colleagues have Everyone knows the basic rule we ican people that my colleagues do not offered. But the American people are learn around here when we come to ori- really believe in campaign reform. asking us to do our job tonight, finally, entation, and that is we go out and we My colleagues have an opportunity once and for all. raise enough money to keep a chal- tonight to vote for real reform. I urge Seventy-eight percent of them are lenger out of our race. And it works. my colleagues to support the Campaign believing that the current set of laws Many people do not have a challenger. Integrity Act, the Hutchinson sub- that control congressional campaign There are parts of the Shays-Meehan stitute. funding need reform. Eighty-five per- bill that I support energetically, enthu- Mr. HUTCHINSON. Mr. Chairman, cent believe that campaign finance re- siastically: the ban on soft money may I inquire as to the balance of my form is necessary to reduce the influ- going to our national parties, for exam- time. ence of special interests. Seventy-four ple. There are parts that I have con- The CHAIRMAN. The gentleman percent believe that they have nothing cerns about: the limits on the speech of from Arkansas (Mr. HUTCHINSON) has 9 to do with political life, it is only the outside groups that will surely, in my minutes remaining. The gentleman big interests. judgment, be struck down by the court. from Florida (Mr. DAVIS) has 4 minutes So I think because we have struck a But the part that I object most to is remaining. The gentleman from Con- bipartisan collaborative effort in the the fact that it is an incumbent protec- necticut (Mr. SHAYS) has 51⁄2 minutes Shays-Meehan legislation on campaign tion plan, and here is why: By banning remaining. The gentleman from Massa- finance reform, let us do our job to- the soft money to parties, it makes the chusetts (Mr. MEEHAN) has 41⁄2 minutes night. parties dependent on hard money. Hard remaining. The Shays-Meehan legislation spe- money is limited individual contribu- Mr. SHAYS. Mr. Chairman, I yield cifically makes it very clear when we tions, and those are limited in total, 11⁄2 minutes to the gentleman from see ads on television that they are un- how much a person can give in total to Pennsylvania (Mr. GREENWOOD). ambiguous, they are unmistakably for all parties and all candidates in a year. Mr. GREENWOOD. Mr. Chairman, I or against an opponent. They do not So it puts the parties in competition thank the gentleman from Connecticut confuse them. They know who they do with their own candidates. It is even for yielding me this time. not want to vote for because it says now going to put parties in competi- Mr. Chairman, let me begin by saying what this is about. tion with outside groups who want to that the Hutchinson bill is a noble ef- In the shadow of this, the beginning express their views. fort by the author and his cosponsors. of the election of 2000, when presi- The result is that parties are going As far as I am concerned, on the sub- dential campaigns are raising a whop- to get that money, and incumbents are stance, the Hutchinson bill passes all ping $50 million before federal cam- going to get that money, and probably the right tests. It passes all the tests of paign funds are matching, the Amer- those outside groups are going to get good policy. Every component of the ican people want us tonight, Mr. Chair- that money. But who is going to get Hutchinson bill is good legislation. man, to do something. September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8273 Vote for the Shays-Meehan, real The Hutchinson bill takes a big step what they are, campaign ads. Some- campaign finance reform. in restoring us to a citizen Congress thing interesting happens when we call Mr. DAVIS of Florida. Mr. Chairman, from all walks of life. It is balanced. It them a campaign ad. We cannot use I yield 1 minute to the gentlewoman does not give an edge to either political corporate money, and we cannot use from Texas (Ms. EDDIE BERNICE JOHN- party, and it is constitutionally sound. union dues money. So we really believe SON). Today let me make a prediction. that we need to deal with those issues. (Ms. EDDIE BERNICE JOHNSON of Shays-Meehan will pass this House and We did not reach for the stars. This is Texas asked and was given permission Shays-Meehan will die yet another not public funding. We did not reach to revise and extend her remarks.) death in the Senate, as it did last year. for the stars. This is not half-price Ms. EDDIE BERNICE JOHNSON of Now, for some that is not a problem, radio and TV. This is a middle-ground Texas. Mr. Chairman, I have listened to but for me it is. I am convinced the bill. And I really believe we can pass it the debate, and I am impressed with all reason people do not raise campaign fi- in the Senate. of the words that I hear. But I am con- nance in the polls as often is that they But even if we pass it in the Senate, cerned about the Hutchinson sub- have given up hope it will actually do do my colleagues really believe the stitute because it does gut some of the something. And every year it fails, Senate is going to vote for any bill ex- reforms of Shays-Meehan. every year it fails to pass into law, we actly the way we send it to them? They First, it indexes individual contribu- discourage more people. are going to vote for their bill. tion limits, allowing them to auto- So my message is to the Senate, after So I encourage my colleagues to vote matically increase over time. Increas- Shays-Meehan dies, as it inevitably against the Hutchinson bill and send ing individual contribution limits tells will, if they are serious about real re- this bill to the Senate. the American public that we think fed- form that is constitutionally very Mr. DAVIS of Florida. Mr. Chairman, eral offices are for sale. Raising con- sound, can actually become the law of I yield 1 minute to the distinguished tribution limits marginalizes the par- the land, take a look at Hutchinson. gentleman from New Jersey (Mr. ticipation of the poorest Americans We are a little like the girl next door. HOLT). and even minorities. When we get tired of chasing the prom (Mr. HOLT asked and was given per- If we raise the limits, we are telling queen and we are looking for real sub- mission to revise and extend his re- the American people and the American stance, the Hutchinson reform bill is marks.) public that the richer we are, the bet- here. It closes the soft money loophole. Mr. HOLT. Mr. Chairman, I rise in ter we are and we have to be rich to be It preserves free speech and returns us opposition to the Hutchinson sub- heard. to a citizen Congress. And more impor- stitute. This substitute really is a vote in tantly, Hutchinson offers hope for The first legislative act I took when favor of continuing to let money run those Americans who have lost hope I came to Congress in January was to our political system. A vote for the that Congress will do the right thing to cosponsor the Shays-Meehan bill. I did Hutchinson substitute tells the world restore a citizen Congress to make it that because I believe that there is a that federal offices really are for sale. harder for incumbents to push us back crisis of confidence among voters in And most glaringly, the Hutchinson in our districts to listen to our people. our political process. They know it is substitute tells America that to be pro- Hutchinson offers hope. broken. If we are ever going to restore the tected they must be rich, it will cost Mr. SHAYS. Mr. Chairman, I yield full trust of the American people in them. myself 2 minutes to refute, especially their Government, we must reform the So I would ask that everyone support since my wife is in the gallery, that I campaign fiance system. The trust is the Shays-Meehan and vote against the am chasing the prom queen. vital if we are ever going to meet chal- Hutchinson. First off let me say that whenever Mr. HUTCHINSON. Mr. Chairman, I the gentleman from Arkansas (Mr. lenges like guaranteeing Social Secu- rity, improving our schools, increasing yield 3 minutes to the gentleman from HUTCHINSON) is involved in starting the access to health care. Texas (Mr. BRADY), who has really been flow of the debate, it always starts in a The public will not accept any solu- a team player, who has been very out- tone that to me is what makes me tions crafted here if they believe the spoken on the issue of campaign fi- proud to be in this chamber, Repub- solutions exist just for the special in- nance reform. licans and Democrats talking about terests. Mr. BRADY of Texas. Mr. Chairman, what we agree and disagree on. I just The Shays-Meehan bill would bar soft the American dream is unique to our appreciate what he and his fellow money; it would expose deceptive ads Nation. It means that no matter where freshmen have done. They have had an for what they really are, campaign ads. we were born or of what means, if we important role in helping us. It would require new disclosure rules. work hard enough, if we want it bad They could have an even more impor- These are partial, but essential, re- enough, we can be anything, anything tant role instead of giving the Senate forms. we want to be in this life, including a an excuse to vote against campaign fi- By contrast, the Hutchinson sub- Member of Congress. nance reform if their amendment fails, stitute would simply redirect these These days I am not so sure that their substitute, that they then vote funds to State political parties and American dream is going to be around for our bill to enable it to have more allow the parties to continue to raise for our young people. Today the aver- support in the House and more impact unlimited soft money. With double-ex- age cost of winning an open seat in in the Senate. isting hard money amounts, it is not Congress is just about a million dol- The bottom line is that we have two reform; it is a step backwards. lars. It is a million dollars, and it is loopholes in our campaign law. One is Pass the Shays-Meehan bill, not a doubling every 4 years. soft money, the unlimited sums con- substitute. That means a lots of good people in tributed by individuals, corporations, Mr. HUTCHINSON. Mr. Chairman, I my community and a lot of good people labor unions, and other interest yield 4 minutes to the gentleman from in years to come are not going to be groups. The gentleman from Arkansas Missouri (Mr. HULSHOF) who is the able to raise their hands to run for (Mr. HUTCHINSON) and his colleagues president of the freshmen class that Congress because they do not have a deal with part of that. They ban soft initiated campaign finance reform and million dollars; they do not even know money on the federal level. But they do has done an outstanding job. where they would find it. not ban soft money on the State level (Mr. HULSHOF asked and was given Well, it is not that perhaps the very for federal elections, and that will still permission to revise and extend his re- wealthy cannot make good decisions. allow corporations and labor unions to marks.) The point is, in a representative de- provide unlimited sums through cor- Mr. HULSHOF. Mr. Chairman, I mocracy like ours, I do not want to porate treasury money and union dues thank the gentleman for yielding me wake up some day and see that people money. We shut that off. the time. from all walks of life cannot serve in The other thing they do not deal with To my good friend from Connecticut this great body. I am convinced they are the sham issue ads. We do not out- and to the gentleman from Massachu- can. law them. We just simply call them setts, we have been laboring today H8274 CONGRESSIONAL RECORD — HOUSE September 14, 1999 under the old adage that ‘‘If at first paign reform because to them speech is the current political process. Passing Shays- you don’t succeed, try, try again.’’ Yet, free. And yet, if we want to refute or Meehan and voting down the incremental but those of us who support the Hutchinson rebut a poisonous editorial, it costs us substantive strategy the Hutchinson bill pro- substitute, we believe we are engaged precious campaign dollars. vides will do little more than feed the flames in an exercise of futility. Without indexing limits for inflation, of cynicism that Congress will never enact leg- The definition of ‘‘insanity’’ is tak- two things happen: either wealthy can- islation to address the shortcomings of funding ing exactly the same action and ex- didates will fund their own extravagant federal campaigns. pecting a different result. The fact is campaigns for office, or incumbents get My fellow colleagues, it is interesting that on that the Shays-Meehan bill is not the benefits of the present campaign the day we consider campaign finance reform going to pass in the Senate. The stage zone. Because, as the gentleman from that we are in the thick of the annual appro- is set. The lights are up. The actors are Montana pointed out, we have the abil- priations process. I know that when I consider ready. And they have handed us the ity to have name recognition or we my vote on any one of the 13 appropriations' same script. And guess what? The end- have the ability of franked mail and bills I begin by asking myself if I can support ing is the same. the advantages of the incumbency. the compromise reached in the legislation be- Now, I want to respond to two con- For those of us who first ran unsuc- fore the House. Are there provisions within the sistent themes that have been heard cessfully for Congress as a challenger, bill that I find objectional enough to withhold throughout the day. I heard one col- we need to keep the playing field level my support of the overall legislation? No one league that suggested that in order to for challengers and incumbents alike. I gets everything they would like in each appro- accomplish reform we are going to think the Hutchinson bill is the best priations bill and the appropriations process have to navigate a mine field of poison effort regarding that alternative. clearly becomes a work of compromise. I ask pills, as if every legitimate substitute b 2145 my colleagues to use this same strategy in not named ‘‘Shays-Meehan’’ somehow this campaign finance reform debate. Put deserved a scarlet letter. Finally, I believe it is time that we aside your pride of ownership so that we may Well, Mr. Chairman, there are some send a new piece of legislation to the get substantive campaign finance reform that of us who are really sincere reformers Senate. This act takes a realistic and can pass the Senate and become law. Con- who choose not to kneel at the altar of practical approach to reforming our gress has been sold a bill of goods that there every bill that has been anointed by Nation’s campaign laws. I urge its sup- is only one way you can be for reform of the some in this House or some in the Belt- port. current financing systems supporters of the way. I think that the refusal to budge Mr. Chairman, I rise today in support of H.R. underlying bill have placed the scarlet letter of or compromise on the underlying bill 1867, The Campaign Integrity Act of 1999, in- a ``poison pill'' on every other alternative. The has poisoned the well of campaign re- troduced by my colleague Representative only thing being poisoned is the well of effec- form. HUTCHINSON. It is important to remember this The gentleman from Pennsylvania legislation is the product of a bipartisan group tive campaign finance reform that is the end spoke earlier about the bipartisan ma- of newly-elected Members last Congress. result of passing the Shays-Meehan bill and jority in the last debate. Yes, there Through hearings and testimony, this legisla- making it increasingly unlikely that Congress were 250 new votes. I was one of them. tion is a compromise approach to reforming will enact meaningful reform. Adopting a strat- I reluctantly supported Shays-Meehan our federal campaign finance structure. This egy that simply tries the same thing twice is last time because it was the only train core group of reformers stand before this something Congress rarely does because it leaving the station. chamber with an important alternative to the often doesn't work. I hope every constituent Quite frankly, if we were honest with Shays-Meehan legislation. and newspaper editors ask the question; ourselves in this body, I would think In discussions with many of my colleagues ``Who are the real reformers?'' when we con- that we would agree that there were and after reading the bills handicaps in several tinue to try a failed strategy. A martyr's death probably some jail-house converts last news articles, one item stands as a striking does nothing to help restore confidence in our time who knew they were going to get difference with this years debate on campaign political system. a free vote on reform because the bill finance reform. This debate lacks the drama It's time to send a new piece of legislation was going to fail in the Senate. presented by last year's discussion. The rad- to the United States Senate. The Campaign Regarding the merits of the Hutch- ical and rarely used tool of the discharge peti- Integrity Act takes a realistic and practical ap- inson alternative, it does ban soft tion has been rendered ineffective and the proach to reforming our country's campaign fi- money at the federal level. It prohibits outcome of this debate on campaign finance nance laws. By taking a step in the right direc- States from transferring soft money. reform seems all too certain. With the lights tion the House can pass legislation that both First, it allows States to decide for dimmed and the pre-debate rhetoric toned focuses on reforming the most egregious cam- themselves and their own State legisla- down, the House plans to run the same play paign finance abuses, while standing the best tures whether or not to ban soft money with the confidence of the American people chance of passing the Senate and being at the State level for party building or hanging in the balance. signed into law by the President. Let's restore get-out-the-vote efforts. But there is a During last year's debate I challenged my the faith of the American people and pass leg- firewall that is built between the State colleagues to support the ``freshmen bill'' be- islation that moves towards meaningful cam- campaigns and the federal campaigns. cause it cut a swath down the middle of the paign finance reform. I urge support of the Some have declared this some sort of a campaign finance reform debate. Members Campaign Integrity Act of 1999. loophole. I respectfully disagree. could receive the same accolades from edi- Mr. MEEHAN. Mr. Chairman, I yield In Missouri, if they run for State- torial boards across the country and their con- 90 seconds to the gentleman from wide office, they can accept business stituents for banning soft money, improving Washington (Mr. INSLEE), a leader in contributions or corporate donations; disclosure, and dealing with issue advertise- campaign finance reform. and yet that money cannot be trans- ments without harming the Constitution's pro- ferred to a federal candidate running vision for free speech. These three key ele- (Mr. INSLEE asked and was given for office. In the same way, the Hutch- ments continue to be the mantel of most cam- permission to revise and extend his re- inson bill sets up an impenetrable fire- paign finance reform supporters. marks.) wall. And so we ban soft money at the However, it is incumbent upon us today to Mr. INSLEE. Mr. Chairman, I rise in federal level. determine how these fundamental provisions favor of Shays-Meehan and against the To the gentlewoman who spoke ear- of reform can make their way past the Senate substitute. In doing so, I would like to lier about indexing the caps for infla- and to the President's desk. Passing cam- make a freshman observation. The ob- tion, if we ban some money at the fed- paign finance reform measures out of the servation I would like to make is that eral level, I believe we have to index House, which we know will fall upon the same those of us in this Chamber have a and raise the amount of money avail- fate as it did last Congress in the Senate, unique opportunity in the world to- able in hard dollars. does very little toward reforming the current in- night. I say in the world tonight, be- I submit, Mr. Chairman, it is easy for adequacies of how federal campaigns are fi- cause while there are other legislators newspaper editors or broadcast journal- nanced. Mr. Chairman, we risk permanent elected by their constituents in other ists across this country to wrap their damage to the faith of our individual constitu- places in the world, some even older arms around an extreme type of cam- ents who feel their voices go unrecognized in than our democracy, like Iceland, none September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8275 of them represent the Taj Mahal of de- not try? Then if the bill gets over to Mr. HUTCHINSON. Mr. Chairman, I mocracy which is the American demo- the Senate and it turns out they do not yield myself the balance of my time. cratic system. And so when we act to- like that provision, they can work Again I want to thank my colleagues night to try to refine our system, let their will over there. A motion can be for their gracious spirit and the way me suggest that we must act with as- made to strike the sham issue ads pro- they engaged in this debate, but I want sertion, we must act in a stalwart man- vision, and then we will go to con- to come back to some of the things ference and the result will be much ner, and we have got to act aggres- that have been said. First of all I ap- like just the Hutchinson bill, in other sively. preciate the kudos, that this is a noble words, a bill that just bans soft money. Right now, the substitute acts with effort, a great job. We need votes in But if we do not try, we will never get benign neglect of the biggest virus on this, votes that will change the dynam- the body politic in our country right there. We will never get the chance to ban sham issue ads. ics in this body. I appreciate the com- now, which are bogus issue ads, bogus pliments. issue ads, which both parties and all How serious are sham issue ads? Oh, special interests are taking out a polit- they are serious. Think about it just The gentleman from California (Mr. ical hammer and trying to beat their for a minute. If you run a campaign ad CAMPBELL) is an extraordinary legal opponent over the head with it and saying, ‘‘Vote for me,’’ you can only scholar, but he wants to challenge the seeking immunity in doing so by say- use donations that are $1,000 max- Supreme Court, and he has got guts ing, ‘‘It wasn’t a hammer, it was only imum. But if instead your party says, there, but I do not think when you are a blunt instrument.’’ you’re a splendid candidate, a great in- dealing with campaign finance reform, The damage to the health of democ- dividual and deserve to be in Congress, you ought to go right in the face of the racy is the same whether we call them they can use any amount of money, un- Supreme Court. I think they make regulated, because they did not say, hammers or blunt instruments. We these decisions for a reason, and it is ‘‘Vote for me.’’ the loophole of the sham ads that you have got to make sure we address issue We have seen this at the Presidential advocacy. The substitute has an abject talk about, that loophole is called the level. An actual ad from the last Presi- first amendment. I think it is some- failure to do so. Shays-Meehan recog- dential campaign points out, ‘‘Medi- nizes that the special interests have thing to be cherished, something that care slashed . . . then Dole resigns, is to be regarded, something that found a giant loophole. They are tak- leaving behind gridlock he and Ging- ing those hammers and they are walk- should not be discarded lightly. So I rich created.’’ That was with soft have problems with that approach, ing through. We have got to shut that money. Here is the one with hard down. that we are just going to go up to the money: ‘‘The President stands firm. A Supreme Court, we are going to cost We have got the Taj Mahal of democ- balanced budget protects Medicare; dis- citizens millions of dollars and we are racy. We have got real democracy. Let abled children; no again. Now Dole re- not going to worry about it and hope us have real reform and end issue ads. signs, leaves the gridlock he and Ging- they change their mind. I think that is The CHAIRMAN. The Chair would rich created.’’ They are the same thing. advise that the gentleman from Arkan- Let us try to close that loophole. the wrong approach. sas (Mr. HUTCHINSON) has 21⁄2 minutes How about the soft money loophole? The gentlewoman from Ohio just remaining, the gentleman from Con- It also is closed in the Shays-Meehan, talked about that this is not a bipar- necticut (Mr. SHAYS) has 2 minutes, the but not in Hutchinson. tisan bill. I would remind my col- gentleman from Massachusetts (Mr. Mr. MEEHAN. Mr. Chairman, I yield leagues that this is inherently bipar- MEEHAN) has 2 minutes, and the gen- 30 seconds to the gentlewoman from tisan. It is inherently bipartisan be- tleman from Florida (Mr. DAVIS) has 2 Ohio (Ms. KAPTUR). cause my friends worked together with minutes. Mr. DAVIS of Florida. Mr. Chairman, this. Now, they switched gears on us. Mr. HUTCHINSON. Mr. Chairman, I yield 30 seconds to the gentlewoman In fact in the last vote there were 60 who has the right to close? from Ohio (Ms. KAPTUR). Democrats that voted ‘‘present.’’ I The CHAIRMAN. The gentleman The CHAIRMAN. The gentlewoman would urge my friends to reconsider from Florida (Mr. DAVIS), a member of from Ohio is recognized for 1 minute. that vote and vote positive for this, the Ms. KAPTUR. Mr. Chairman, there is the committee, has the right to close. bill that you supported. Mr. SHAYS. Mr. Chairman, I yield a simple reason for voting against the the balance of my time to the gen- Hutchinson substitute. A vote for it de- If you look at where we are right now, this bill is going to go to the Sen- tleman from California (Mr. CAMP- stroys the first and only bipartisan ate. I hope we have a great vote. I hope BELL). piece of campaign finance reform ever Mr. CAMPBELL. Mr. Chairman, how to be passed in this Chamber. It de- we win. I hope people change their many times did the civil rights bill stroys the only bill that will close the mind, but I am realistic. Shays-Meehan come up on the floor of this Chamber? soft money loophole. Should this bill will most likely pass. It is going to go Do we not owe a debt to those who in pass, it will pull the rug out from to the Senate for the third time. The the face of having been defeated kept under Shays-Meehan. We cannot let first time it could not get the votes. that happen. The Hutchinson sub- trying? How many times did the Brady The second time it could not get the stitute does not stop soft money from bill come up, and those of us who were votes. What will happen this time? I influencing our Federal elections. It concerned about handgun violence kept have talked to some of you privately, only does half the job. While this bringing it up, and finally it did pass. you say, ‘‘We know it doesn’t have the amendment calls for a ban on Federal To be told that we cannot try Shays- votes in the Senate,’’ but we are going soft money, it does not stop State par- to send it over there for the third time. Meehan one more time after one fail- ties from spending soft money on Fed- I want to look to the future in a posi- ure is a rebuke to the previous experi- eral elections. ence of those two particular examples, That is like bolting the front door to tive sense. I hope that the Senate will and hundreds of others. protect yourself from burglars while take some of these ideas and forge a We are told that the Shays-Meehan hanging a neon sign on the back door bill that will pass. But what happens if bill does not admit amendments or that says, ‘‘Come on in.’’ It is a shell they reject Shays-Meehan the third compromise. That is not true. Twenty- game. You are only moving the soft time? Next spring, are we going to give three amendments were passed last money from the Federal parties to the up? Are we going to tell the American year and of those, 20 were incorporated State parties. voters, ‘‘We can’t do it’’? Please, I in the bill this year. This bill has borne The American people deserve better. plead with my colleagues, when it the benefit of the compromise process. The substitute leaves in place the cur- comes back next year, let us reconsider Why is it important to try? Because rent loophole through which unlimited our position, let us be flexible, let us as the gentleman from Washington dollars are funneled into Federal elec- work together and get something, what (Mr. INSLEE) who just spoke pointed tions through sham issue ads as well. we originally said we were going to do, out, there is a critical part of Shays- Please vote against the Hutchinson which is common ground, common Meehan that is not in the Hutchinson substitute. America must do better. ground that we can send over there and bill. It deals with the sham ads. Why Vote against the substitute. be passed. Then we can look back on H8276 CONGRESSIONAL RECORD — HOUSE September 14, 1999 this Congress and say, We did some- just to be heard on the merits. Tonight Barrett (NE) Gillmor Miller, Gary Barrett (WI) Gilman Miller, George thing. We worked together. We accom- we have been much more successful in Bartlett Gonzalez Minge plished something. It passed, for the having an open and honest debate on Bass Goodling Mink first time in 25 years. campaign finance reform. We have had Becerra Gordon Moakley Do you believe in your heart Shays- some very strong votes here tonight, Bentsen Graham Mollohan Bereuter Green (TX) Moore Meehan will be the one to do that? I Democrats and Republicans. We are Berkley Greenwood Moran (VA) urge support for the Hutchinson sub- making progress. We are starting to Berman Hall (OH) Morella stitute. make it clear that we have found a way Berry Hastings (WA) Murtha Mr. MEEHAN. Mr. Chairman, I yield Biggert Hayes Nadler to close two of the most gaping loop- Bilbray Hayworth Napolitano myself the balance of my time. holes in the system. Bilirakis Hefley Neal Mr. Chairman, we enact campaign fi- Shays-Meehan has been to the Senate Bishop Herger Nethercutt nance reform once in a generation. The only once, not twice. It will go over Blagojevich Hill (IN) Northup last time we enacted meaningful, com- Bliley Hilleary Norwood there again tonight. Last year 52 Sen- Blumenauer Hilliard Oberstar prehensive campaign finance reform ators, Democrats and Republicans, Boehlert Hinchey Obey was in the post-Watergate era. For a voted in favor of the McCain-Feingold Boehner Hinojosa Olver while that system worked pretty well. Bonilla Hoeffel Ortiz companion to our bill. Can they do bet- Bonior Holden Ose But over a period of the last 20 to 25 ter? They have to do better. Our sys- Borski Holt Owens years, loopholes have developed in the tem of democracy depends upon it. Boswell Hooley Packard law, loopholes being that incredible Let us not sell ourselves short to- Boucher Horn Pallone amounts of soft money, over and above Boyd Hostettler Pascrell night. Let us instead be ambitious. Let Brady (PA) Houghton Pastor the legal limits, are being spent to in- us pass the strongest campaign finance Brown (FL) Hoyer Payne fluence elections in our country. An in- reform bill that we can. Let us send it Brown (OH) Hunter Pease credible amount, millions of dollars in Bryant Hyde Pelosi to the Senate. We will negotiate and Calvert Inslee Phelps sham issue ads are being spent to influ- try to produce something that is mean- Camp Isakson Pickett ence elections in our country. So we ingful to close two of these most gap- Campbell Istook Pitts now have a unique opportunity to pass ing loopholes, because the money con- Canady Jackson (IL) Pombo comprehensive campaign finance re- Cannon Jackson-Lee Pomeroy tinues to pour in at record rates. We Capps (TX) Porter form. We have to make sure that when have got to do something and we can Capuano Jefferson Portman we pass this bill, we do not pass a bill help put the Senate in the right direc- Cardin Johnson (CT) Price (NC) that already has loopholes in it. Carson Johnson, E. B. Quinn tion. I would urge defeat of the Hutch- Castle Johnson, Sam Rahall The Hutchinson amendment fails to inson amendment. Chambliss Jones (OH) Ramstad close the soft money loophole because The CHAIRMAN. The question is on Chenoweth Kanjorski Rangel it enables the insurance companies and the amendment in the nature of a sub- Clay Kaptur Regula the tobacco companies and all of these Clayton Kasich Reyes stitute offered by the gentleman from Clement Kelly Reynolds special interests to circumvent the Arkansas (Mr. HUTCHINSON). Clyburn Kennedy Rivers Federal parties and influence Federal The question was taken; and the Condit Kildee Rodriguez campaigns by going to the States. Conyers Kilpatrick Roemer Chairman announced that the noes ap- Cooksey Kind (WI) Rogan Many of these States do not even have peared to have it. Costello King (NY) Rogers disclosure requirements of this money. RECORDED VOTE Cox Kleczka Rothman It is too big of a loophole. It does not Coyne Klink Roukema Mr. HILL of Montana. Mr. Chairman, do anything about reining in sham Cramer Knollenberg Roybal-Allard I demand a recorded vote. Crane Kucinich Rush issue ads. It is too big of a loophole. We A recorded vote was ordered. Crowley Kuykendall Ryun (KS) have to deal with both of these prob- Cubin LaFalce Sabo The vote was taken by electronic de- lems. That is why we have to pass this Cummings Lampson Sanchez vice, and there were—ayes 99, noes 327, Danner Lantos Sanders bill. not voting 7, as follows: Davis (FL) Larson Sandlin Finally, a majority of the Members Davis (IL) Latham Sanford of the Senate have supported this legis- [Roll No. 420] Deal LaTourette Sawyer lation. The only reason it has not AYES—99 DeFazio Lazio Saxton DeGette Leach Schaffer Aderholt Gibbons Pickering passed is we have not gotten the 60 Delahunt Lee Schakowsky Archer Goode Radanovich votes over there to break a filibuster. DeLauro Levin Serrano Bachus Goodlatte Riley DeLay Lewis (CA) Sessions We are going to be able to do it because Baker Goss Rohrabacher DeMint Lewis (GA) Shadegg eventually the public will win this ar- Ballenger Granger Royce Deutsch Lewis (KY) Shays Barcia Green (WI) Ryan (WI) gument. Vote for Shays-Meehan. Dicks Lipinski Sherman Barton Gutknecht Salmon Mr. DAVIS of Florida. Mr. Chairman, Dingell LoBiondo Sherwood Bateman Hall (TX) Scarborough Dixon Lofgren Shows I yield myself the balance of my time. Blunt Hansen Scott Doggett Lowey Simpson Bono Hill (MT) Sensenbrenner The CHAIRMAN. The gentleman Dooley Lucas (KY) Sisisky Brady (TX) Hobson Shimkus from Florida (Mr. DAVIS) is recognized Doolittle Lucas (OK) Skeen Burr Hoekstra Shuster 1 Doyle Luther Skelton for 1 ⁄2 minutes. Burton Hulshof Smith (NJ) Dreier Maloney (CT) Slaughter Mr. DAVIS of Florida. Mr. Chairman, Buyer Hutchinson Spence Dunn Maloney (NY) Smith (MI) Callahan Jenkins Stearns the Hutchinson bill on balance is a Edwards Manzullo Smith (TX) Chabot John Stump good bill. I want to commend the gen- Ehrlich Markey Smith (WA) Coble Jones (NC) Sununu Engel Martinez Snyder tleman from Arkansas (Mr. HUTCH- Coburn Kolbe Sweeney Eshoo Mascara Souder INSON), the gentleman from Missouri Collins LaHood Talent Etheridge Matsui Spratt Combest Largent Tauzin (Mr. HULSHOF), the gentleman from Evans McCarthy (MO) Stabenow Cook Linder Taylor (NC) Maine (Mr. ALLEN) and all of us who Farr McCarthy (NY) Stark Cunningham McCollum Thomas Fattah McDermott Stenholm worked very hard to put it together. It Davis (VA) McCrery Thornberry Filner McGovern Strickland Diaz-Balart McKeon Thune was the best we could do under some Fletcher McHugh Stupak Dickey Miller (FL) Vitter very rough circumstances, over opposi- Foley McInnis Tancredo Duncan Moran (KS) Walden Forbes McIntosh Tanner tion from Democrats and Republicans Ehlers Myrick Watkins Ford McIntyre Tauscher here. But I disagree with the gen- Emerson Ney Weldon (FL) Fossella McKinney Taylor (MS) English Nussle Whitfield tleman from Arkansas (Mr. HUTCH- Frank (MA) McNulty Terry Everett Oxley Wicker INSON) when he says we cannot do bet- Franks (NJ) Meehan Thompson (CA) Ewing Paul Wilson Frelinghuysen Meek (FL) Thompson (MS) ter. We have to do better. Look how far Fowler Peterson (MN) Wolf Frost Meeks (NY) Thurman Gekas Petri Young (AK) we have come just in the last year. Gallegly Menendez Tiahrt Last year, we as freshmen had to NOES—327 Ganske Metcalf Tierney fight like dogs just to get the bill heard Gejdenson Mica Toomey Abercrombie Andrews Baldacci on the floor of the House. We encoun- Gephardt Millender- Towns Ackerman Armey Baldwin Gilchrest McDonald Traficant tered numerous forms of subterfuge Allen Baird Barr September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8277 Turner Wamp Wexler Sec. 306. Broader prohibition against force same manner and to the same extent as any Udall (CO) Waters Weygand and reprisals. other individual eligible to vote in an elec- Udall (NM) Watt (NC) Wise Sec. 307. Signature authority of members of tion for such office.’’. Upton Watts (OK) Woolsey Velazquez Waxman Wu Commission for subpoenas and (b) EFFECTIVE DATE.—The amendments Vento Weiner Wynn notification of intent to seek made by this section shall apply with respect Visclosky Weldon (PA) Young (FL) additional information. to contributions, donations, and other dis- Walsh Weller TITLE IV—SIMPLIFYING AND bursements made on or after the date of the enactment of this Act. NOT VOTING—7 CLARIFYING FEDERAL ELECTION LAW TITLE II—IMPROVING REPORTING OF Gutierrez Peterson (PA) Shaw Sec. 401. Application of aggregate contribu- Hastings (FL) Pryce (OH) tion limit on calendar year INFORMATION Kingston Ros-Lehtinen basis during non-election years. SEC. 201. MANDATORY ELECTRONIC FILING FOR b Sec. 402. Treatment of lines of credit ob- CERTAIN REPORTS; EXPEDITING RE- 2219 tained by candidates as com- PORTING OF INFORMATION. Mr. WELDON of Pennsylvania mercially reasonable loans. (a) REQUIRING ELECTRONIC FILING WITHIN 24 changed his vote from ‘‘aye’’ to ‘‘no.’’ Sec. 403. Repeal Secretary of Commerce re- HOURS OF CERTAIN CONTRIBUTIONS AND INDE- Mr. ROHRABACHER changed his ports on district-specific popu- PENDENT EXPENDITURES MADE WITHIN 90 DAYS OF ELECTION.— vote from ‘‘no’’ to ‘‘aye.’’ lation. Sec. 404. Technical correction regarding (1) IN GENERAL.—Section 304(a) (2 U.S.C. So the amendment in the nature of a treatment of honoraria. 434(a)) is amended by adding at the end the substitute was rejected. TITLE V—EFFECTIVE DATE following new paragraph: The result of the vote was announced ‘‘(12)(A) Notwithstanding any other provi- as above recorded. Sec. 501. Effective date. sion of this Act, each political committee de- The CHAIRMAN. It is now in order to SEC. 2. REFERENCES IN ACT. scribed in subparagraph (B)(i) that receives a consider amendment No. 13 printed in Except as otherwise specifically provided, contribution in an amount equal to or great- whenever in this Act an amendment is ex- House Report 106–311. er than $200, and any person described in sub- pressed in terms of an amendment to or re- paragraph (B)(ii) who makes an independent AMENDMENT NO. 13 IN THE NATURE OF A peal of a section or other provision, the ref- expenditure, during the period which begins SUBSTITUTE OFFERED BY MR. THOMAS erence shall be considered to be made to that on the 90th day before an election and ends Mr. THOMAS. Mr. Chairman, I offer section or other provision of the Federal at the time the polls close for such election an amendment in the nature of a sub- Election Campaign Act of 1971 . shall, with respect to any information re- stitute. TITLE I—BAN ON FOREIGN quired to be filed with the Commission under The CHAIRMAN. The Clerk will des- CONTRIBUTIONS this section with respect to such contribu- ignate the amendment in the nature of SEC. 101. EXTENSION OF BAN ON FOREIGN CON- tion or independent expenditure, file and pre- a substitute. TRIBUTIONS TO ALL CAMPAIGN-RE- serve the information using electronic mail, LATED DISBURSEMENTS; PRO- the Internet, or such other method of instan- The text of the amendment in the na- TECTING EQUAL PARTICIPATION OF taneous transmission as the Commission ture of a substitute is as follows: ELIGIBLE VOTERS. may permit, and shall file the information Amendment No. 13 in the nature of a sub- (a) PROHIBITION ON DISBURSEMENTS BY FOR- within 24 hours after the receipt of the con- stitute offered by Mr. THOMAS: EIGN NATIONALS.—Section 319 (2 U.S.C. 441e) tribution or the making of the independent Strike all after the enacting clause and in- is amended— expenditure. sert the following: (1) in the heading, by striking ‘‘contribu- ‘‘(B) For purposes of subparagraph (A)— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tions’’ and inserting ‘‘donations and other ‘‘(i) a political committee described in this (a) SHORT TITLE.—This Act may be cited as disbursements’’; clause is a political committee that has re- the ‘‘Campaign Reform and Election Integ- (2) in subsection (a), by striking ‘‘contribu- ceived an aggregate amount of contributions rity Act of 1999’’. tion’’ each place it appears and inserting equal to or greater than $50,000 with respect (b) TABLE OF CONTENTS.—The table of con- ‘‘donation or other disbursement’’; and to the election cycle involved; and tents of this Act is as follows: (3) in subsection (a), by striking the semi- ‘‘(ii) a person described in this clause is a colon and inserting the following: ‘‘, includ- person who makes an aggregate amount of Sec. 1. Short title; table of contents. ing any donation or other disbursement to a independent expenditures during the election Sec. 2. References in act. political committee of a political party and cycle involved or during any of the 2 pre- TITLE I—BAN ON FOREIGN any donation or other disbursement for an vious 2-year general election cycles in an CONTRIBUTIONS independent expenditure;’’. amount equal to or greater than $10,000. Sec. 101. Extension of ban on foreign con- (b) CODIFICATION OF REGULATIONS PROHIB- ‘‘(C) The Commission shall make the infor- tributions to all campaign-re- ITING USE OF FOREIGN FUNDS BY MULTI- mation filed under this paragraph available lated disbursements; protecting CANDIDATE POLITICAL COMMITTEES; PRO- on the Internet immediately upon receipt.’’. equal participation of eligible TECTING EQUAL PARTICIPATION OF ELIGIBLE (2) INTERNET DEFINED.—Section 301(19) (2 voters. VOTERS IN CAMPAIGNS AND ELECTIONS.—Sec- U.S.C. 431(19)) is amended to read as follows: TITLE II—IMPROVING REPORTING OF tion 319 (2 U.S.C. 441e) is amended— ‘‘(19) The term ‘Internet’ means the inter- INFORMATION (1) by redesignating subsection (b) as sub- national computer network of both Federal section (d); and and non-Federal interoperable packet- Sec. 201. Mandatory electronic filing for cer- (2) by inserting after subsection (a) the fol- switched data networks.’’. tain reports; expediting report- lowing new subsections: (b) REQUIRING REPORTS OF CERTAIN FILERS ing of information. ‘‘(b) It shall be unlawful for any person or- TO BE TRANSMITTED ELECTRONICALLY; CER- Sec. 202. Reporting of secondary payments; ganized under or created by the laws of the TIFICATION OF PRIVATE SECTOR SOFTWARE.— expansion of other types of in- United States or of any State or other place Section 304(a)(11)(A) (2 U.S.C. 434(a)(11)(A)) is formation reported. subject to the jurisdiction of the United amended by striking the period at the end Sec. 203. Disclosure requirements for certain States to make any donation or other dis- and inserting the following: ‘‘, except that in soft money expenditures of po- bursement to any candidate for political of- the case of a report submitted by a person litical parties. fice in connection with an election for any who reports an aggregate amount of con- TITLE III—STRENGTHENING ENFORCE- political office, or to make any donation or tributions or expenditures (as the case may MENT AND ADMINISTRATION OF FED- other disbursement to any political com- be) in all reports filed with respect to the ERAL ELECTION COMMISSION mittee or to any organization or account election cycle involved (taking into account Sec. 301. Standards for initiation of actions created or controlled by any United States the period covered by the report) in an and written responses by Fed- political party, unless such donation or dis- amount equal to or greater than $50,000, the eral Election Commission. bursement is derived solely from funds gen- Commission shall require the report to be Sec. 302. Banning acceptance of cash con- erated from such person’s own business ac- filed and preserved by electronic mail, the tributions greater than $100. tivities in the United States. Internet, or such other method of instanta- Sec. 303. Deposit of certain contributions ‘‘(c) Nothing in this Act may be construed neous transmission as the Commission may and donations to be returned to to prohibit any individual eligible to vote in permit. The Commission shall certify (on an donors in Treasury account. an election for Federal office from making ongoing basis) private sector computer soft- Sec. 304. Alternative procedures for imposi- contributions or expenditures in support of a ware which may be used for filing reports by tion of penalties for reporting candidate for such an election (including vol- such methods.’’. violations. untary contributions or expenditures made (c) REQUIRING REPORTS FOR ALL CONTRIBU- Sec. 305. Abolition of ex officio membership through a separate segregated fund estab- TIONS MADE WITHIN 20 DAYS OF ELECTION; RE- of Clerk of House of Represent- lished by the individual’s employer or labor QUIRING REPORTS TO BE MADE WITHIN 24 atives and Secretary of Senate organization) or otherwise participating in HOURS.—Section 304(a)(6)(A) (2 U.S.C. on Commission. any campaign for such an election in the 434(a)(6)(A)) is amended— H8278 CONGRESSIONAL RECORD — HOUSE September 14, 1999 (1) by striking ‘‘after the 20th day, but or a candidate’s authorized committees shall 1986 that has occurred or is about to occur more than 48 hours before any election’’ and provide to a political committee the infor- (based on the same criteria applicable under inserting ‘‘during the period which begins on mation necessary to enable the committee this paragraph prior to the enactment of the the 20th day before an election and ends at to report the information described in such Campaign Reform and Election Integrity Act the time the polls close for such election’’; section.’’. of 1999),’’. and (3) NO EFFECT ON OTHER REPORTS.—Nothing (b) REQUIRING FEC TO PROVIDE WRITTEN (2) by striking ‘‘48 hours’’ the second place in the amendments made by this subsection RESPONSES TO QUESTIONS.— it appears and inserting the following: ‘‘24 may be construed to affect the terms of any (1) IN GENERAL.—Title III (2 U.S.C. 431 et hours (or, if earlier, by midnight of the day other recordkeeping or reporting require- seq.) is amended by inserting after section on which the contribution is deposited)’’. ments applicable to candidates or political 308 the following new section: (d) REQUIRING ACTUAL RECEIPT OF CERTAIN committees under title III of the Federal ‘‘OTHER WRITTEN RESPONSES TO QUESTIONS INDEPENDENT EXPENDITURE REPORTS WITHIN Election Campaign Act of 1971. ‘‘SEC. 308A. (a) PERMITTING RESPONSES.—In 24 HOURS.— (b) INCLUDING REPORT ON CUMULATIVE CON- addition to issuing advisory opinions under (1) IN GENERAL.—Section 304(c)(2) (2 U.S.C. TRIBUTIONS AND EXPENDITURES IN POST ELEC- section 308, the Commission shall issue writ- 434(c)(2)) is amended in the matter following TION REPORTS.—Section 304(a)(7) (2 U.S.C. ten responses pursuant to this section with subparagraph (C)— 434(a)(7)) is amended— respect to a written request concerning the (A) by striking ‘‘shall be reported’’ and in- (1) by striking ‘‘(7)’’ and inserting ‘‘(7)(A)’’; application of this Act, chapter 95 or chapter serting ‘‘shall be filed’’; and and 96 of the Internal Revenue Code of 1986, a (B) by adding at the end the following new (2) by adding at the end the following new rule or regulation prescribed by the Commis- sentence: ‘‘Notwithstanding subsection subparagraph: sion, or an advisory opinion issued by the (a)(5), the time at which the statement under ‘‘(B) In the case of any report required to Commission under section 308, with respect this subsection is received by the Secretary, be filed by this subsection which is the first to a specific transaction or activity by the the Commission, or any other recipient to report required to be filed after the date of person, if the Commission finds the applica- whom the notification is required to be sent an election, the report shall include a state- tion of the Act, chapter, rule, regulation, or shall be considered the time of filing of the ment of the total contributions received and advisory opinion to the transaction or activ- statement with the recipient.’’. expenditures made as of the date of the elec- ity to be clear and unambiguous. (2) CONFORMING AMENDMENT.—Section tion.’’. ‘‘(b) PROCEDURE FOR RESPONSE.— 304(a)(5) (2 U.S.C. 434(a)(5)) is amended by (c) INCLUDING INFORMATION ON AGGREGATE ‘‘(1) ANALYSIS BY STAFF.—The staff of the striking ‘‘or (4)(A)(ii)’’ and inserting ‘‘or CONTRIBUTIONS IN REPORT ON ITEMIZED CON- Commission shall analyze each request sub- (4)(A)(ii), or the second sentence of sub- TRIBUTIONS.—Section 304(b)(3) (2 U.S.C. mitted under this section. If the staff be- section (c)(2)’’. 434(b)(3)) is amended— lieves that the standard described in sub- (e) CHANGE IN CERTAIN REPORTING FROM A (1) in subparagraph (A), by inserting after section (a) is met with respect to the re- CALENDAR YEAR BASIS TO AN ELECTION CYCLE ‘‘such contribution’’ the following: ‘‘and the quest, the staff shall circulate a statement BASIS.— total amount of all such contributions made to that effect together with a draft response (1) IN GENERAL.—Section 304(b) (2 U.S.C. by such person with respect to the election 434(b)) is amended— to the request to the members of the Com- involved’’; and mission. (A) by inserting ‘‘(or election cycle, in the (2) in subparagraph (B), by inserting after ‘‘(2) ISSUANCE OF RESPONSE.—Upon the ex- case of an authorized committee of a can- ‘‘such contribution’’ the following: ‘‘and the didate for Federal office)’’ after ‘‘calendar piration of the 3-day period beginning on the total amount of all such contributions made date the statement and draft response is cir- year’’ each place it appears in paragraphs (2), by such committee with respect to the elec- (3), (4), and (7); and culated (excluding weekends or holidays), tion involved’’. the Commission shall issue the response, un- (B) in paragraph (6)(A), by striking ‘‘cal- SEC. 203. DISCLOSURE REQUIREMENTS FOR CER- endar year’’ and inserting ‘‘election cycle’’. less during such period any member of the TAIN SOFT MONEY EXPENDITURES Commission objects to issuing the response. (2) ELECTION CYCLE DEFINED.—Section 301 (2 OF POLITICAL PARTIES. ‘‘(c) EFFECT OF RESPONSE.— U.S.C. 431) is amended by adding at the end (a) TRANSFERS OF FUNDS BY NATIONAL PO- the following: ‘‘(1) SAFE HARBOR.—Notwithstanding any LITICAL PARTIES.—Section 304(b)(4) (2 U.S.C. other provisions of law, any person who re- ‘‘(20) ELECTION CYCLE.—Except as the Com- 434(b)(4)) is amended— mission may otherwise provide, the term lies upon any provision or finding of a writ- (1) by striking ‘‘and’’ at the end of subpara- ten response issued under this section and ‘election cycle’ means, with respect to an graph (H); election, the period beginning on the day who acts in good faith in accordance with (2) by adding ‘‘and’’ at the end of subpara- the provisions and findings of such response after the date of the most recent general graph (I); and election for the office involved and ending on shall not, as a result of any such act, be sub- (3) by adding at the end the following new ject to any sanction provided by this Act or the date of the election.’’. subparagraph: (f) CLARIFICATION OF PERMISSIBLE USE OF by chapter 95 or chapter 96 of the Internal ‘‘(J) in the case of a political committee of Revenue Code of 1986. FACSIMILE MACHINES AND ELECTRONIC MAIL a national political party, all funds trans- ‘‘(2) NO RELIANCE BY OTHER PARTIES.—Any TO FILE REPORTS.—Section 304(a)(11)(A) (2 ferred to any political committee of a State U.S.C. 434(a)(11)(A)) is amended by striking written response issued by the Commission or local political party, without regard to under this section may only be relied upon ‘‘method,’’ and inserting the following: whether or not the funds are otherwise treat- ‘‘method (including by facsimile device or by the person involved in the specific trans- ed as contributions or expenditures under action or activity with respect to which such electronic mail in the case of any report re- this title;’’. quired to be filed within 24 hours after the response is issued, and may not be applied by (b) DISCLOSURE BY STATE AND LOCAL POLIT- transaction reported has occurred),’’. the Commission with respect to any other ICAL PARTIES OF INFORMATION REPORTED SEC. 202. REPORTING OF SECONDARY PAYMENTS; person or used by the Commission for en- UNDER STATE LAW.—Section 304 (2 U.S.C. 434) forcement or regulatory purposes. EXPANSION OF OTHER TYPES OF IN- is amended by adding at the end the fol- FORMATION REPORTED. ‘‘(d) PUBLICATION OF REQUESTS AND RE- lowing new subsection: (a) REQUIRING RECORD KEEPING AND REPORT SPONSES.—The Commission shall make pub- ‘‘(d) If a political committee of a State or OF SECONDARY PAYMENTS BY CAMPAIGN COM- lic any request for a written response made, local political party is required under a MITTEES.— and the responses issued, under this section. State or local law, rule, or regulation to sub- (1) REPORTING.—Section 304(b)(5)(A) (2 In carrying out this subsection, the Commis- U.S.C. 434(b)(5)(A)) is amended by striking mit a report on its disbursements to an enti- sion may not make public the identity of the semicolon at the end and inserting the ty of the State or local government, the any person submitting a request for a writ- following: ‘‘, and, if such person in turn committee shall file a copy of the report ten response unless the person specifically makes expenditures which aggregate $5,000 with the Commission at the time it submits authorizes to Commission to do so. the report to such an entity.’’. or more in an election cycle to other persons ‘‘(e) COMPILATION OF INDEX.—The Commis- (not including employees) who provide goods TITLE III—STRENGTHENING ENFORCE- sion shall compile, publish, and regularly up- or services to the candidate or the can- MENT AND ADMINISTRATION OF FED- date a complete and detailed index of the re- didate’s authorized committees, the name ERAL ELECTION COMMISSION sponses issued under this section through and address of such other persons, together SEC. 301. STANDARDS FOR INITIATION OF AC- which responses may be found on the basis of with the date, amount, and purpose of such TIONS AND WRITTEN RESPONSES BY the subjects included in the responses.’’. expenditures;’’. FEDERAL ELECTION COMMISSION. (2) CONFORMING AMENDMENT.—Section (2) RECORD KEEPING.—Section 302 (2 U.S.C. (a) STANDARD FOR INITIATION OF ACTIONS BY 307(a)(7) (2 U.S.C. 437d(a)(7)) is amended by 432) is amended by adding at the end the fol- FEC.—Section 309(a)(2) (2 U.S.C. 437g(a)(2)) is striking ‘‘of this Act’’ and inserting ‘‘and lowing new subsection: amended by striking ‘‘it has reason to be- other written responses under section 308A’’. ‘‘(j) A person described in section lieve’’ and all that follows through ‘‘of 1954,’’ (c) STANDARD FORM FOR COMPLAINTS; 304(b)(5)(A) who makes expenditures which and inserting the following: ‘‘it has a reason STRONGER DISCLAIMER LANGUAGE.— aggregate $5,000 or more in an election cycle to seek additional information regarding a (1) STANDARD FORM.—Section 309(a)(1) (2 to other persons (not including employees) possible violation of this Act or of chapter 95 U.S.C. 437g(a)(1)) is amended by inserting who provide goods or services to a candidate or chapter 96 of the Internal Revenue Code of after ‘‘shall be notarized,’’ the following: September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8279 ‘‘shall be in a standard form prescribed by committee under paragraph (1), the Commis- ‘‘(e) Any conciliation agreement, civil ac- the Commission, shall not include (but may sion shall— tion, or criminal action entered into or insti- refer to) extraneous materials,’’. ‘‘(i) deposit the amount in the escrow ac- tuted under this section may require a per- (2) DISCLAIMER LANGUAGE.—Section count established under subparagraph (A); son to forfeit to the Treasury any contribu- 309(a)(1) (2 U.S.C. 437g(a)(1)) is amended— and tion, donation, or expenditure that is the (A) by striking ‘‘(a)(1)’’ and inserting ‘‘(ii) notify the Attorney General and the subject of the agreement or action for trans- ‘‘(a)(1)(A)’’; and Commissioner of the Internal Revenue Serv- fer to the Commission for deposit in accord- (B) by adding at the end the following new ice of the receipt of the amount from the po- ance with section 323.’’. subparagraph: litical committee. (e) EFFECTIVE DATE.—The amendments ‘‘(B) The written notice of a complaint pro- ‘‘(C) USE OF INTEREST.—Interest earned on made by subsections (a), (b), and (c) shall vided by the Commission under subpara- amounts in the escrow account established apply to contributions or donations refunded graph (A) to a person alleged to have com- under subparagraph (A) shall be applied or on or after the date of the enactment of this mitted a violation referred to in the com- used for the same purposes as the donation Act, without regard to whether the Federal plaint shall include a cover letter (in a form or contribution on which it is earned. Election Commission or Attorney General prescribed by the Commission) and the fol- ‘‘(4) TREATMENT OF RETURNED CONTRIBUTION has issued regulations to carry out section lowing statement: ‘The enclosed complaint OR DONATION AS A COMPLAINT.—The transfer 323 of the Federal Election Campaign Act of has been filed against you with the Federal of any contribution or donation to the Com- 1971 (as added by subsection (a)) by such Election Commission. The Commission has mission under this section shall be treated as date. not verified or given official sanction to the the filing of a complaint under section 309(a). SEC. 304. ALTERNATIVE PROCEDURES FOR IMPO- complaint. The Commission will make no de- ‘‘(b) USE OF AMOUNTS PLACED IN ESCROW TO SITION OF PENALTIES FOR REPORT- ING VIOLATIONS. cision to pursue the complaint for a period of COVER FINES AND PENALTIES.—The Commis- (a) IN GENERAL.—Section 309(a)(4) (2 U.S.C. at least 15 days from your receipt of this sion or the Attorney General may require 437g(a)(4)) is amended— complaint. You may, if you wish, submit a any amount deposited in the escrow account (1) in subparagraph (A)(i), by striking written statement to the Commission ex- under subsection (a)(3) to be applied toward ‘‘clause (ii)’’ and inserting ‘‘clauses (ii) and plaining why the Commission should take no the payment of any fine or penalty imposed subparagraph (C)’’; and action against you based on this complaint. under this Act or title 18, United States (2) by adding at the end the following new If the Commission should decide to seek ad- Code, against the person making the con- tribution or donation. subparagraph: ditional information, you will be notified ‘‘(C)(i) Notwithstanding subparagraph (A), ‘‘(c) RETURN OF CONTRIBUTION OR DONATION and be given further opportunity to re- in the case of a violation of any requirement AFTER DEPOSIT IN ESCROW.— spond.’’’. under this Act relating to the reporting of SEC. 302. BANNING ACCEPTANCE OF CASH CON- ‘‘(1) IN GENERAL.—The Commission shall return a contribution or donation deposited receipts or disbursements, the Commission TRIBUTIONS GREATER THAN $100. may— Section 315 (2 U.S.C. 441a) is amended by in the escrow account under subsection (a)(3) to the person making the contribution or do- ‘‘(I) find that a person committed such a adding at the end the following new sub- violation on the basis of information ob- section: nation if— ‘‘(A) within 180 days after the date the con- tained pursuant to the procedures described ‘‘(i) No candidate or political committee in paragraphs (1) and (2); and may accept any contributions of currency of tribution or donation is transferred, the Commission has not made a determination ‘‘(II) based on such finding, require the per- the United States or currency of any foreign son to pay a civil money penalty in an country from any person which, in the aggre- under section 309(a)(2) to seek additional in- formation regarding whether or not the con- amount determined under a schedule of pen- gate, exceed $100.’’. alties which is established and published by SEC. 303. DEPOSIT OF CERTAIN CONTRIBUTIONS tribution or donation was made in violation of this Act; or the Commission and which takes into ac- AND DONATIONS TO BE RETURNED count the amount of the violation involved, TO DONORS IN TREASURY ACCOUNT. ‘‘(B)(i) the contribution or donation will the existence of previous violations by the (a) IN GENERAL.—Title III (2 U.S.C. 431 et not be used to cover fines, penalties, or costs person, and such other factors as the Com- seq.) is amended by adding at the end the fol- pursuant to subsection (b); or mission considers appropriate (but which in lowing new section: ‘‘(ii) if the contribution or donation will be used for those purposes, that the amounts re- no event exceeds $20,000). ‘‘TREATMENT OF CERTAIN CONTRIBUTIONS AND ‘‘(ii) The Commission may not make any quired for those purposes have been with- DONATIONS TO BE RETURNED TO DONORS determination adverse to a person under drawn from the escrow account and sub- ‘‘SEC. 323. (a) TRANSFER TO COMMISSION.— clause (i) until the person has been given tracted from the returnable contribution or ‘‘(1) IN GENERAL.—Notwithstanding any written notice and an opportunity to be donation. other provision of this Act, if a political heard before the Commission. ‘‘(2) NO EFFECT ON STATUS OF INVESTIGA- committee intends to return any contribu- ‘‘(iii) Any person against whom an adverse TION.—The return of a contribution or dona- tion or donation given to the political com- determination is made under this subpara- tion by the Commission under this sub- mittee, the committee shall transfer the graph may obtain a review of such deter- section shall not be construed as having an contribution or donation to the Commission mination by filing in the United States Dis- effect on the status of an investigation by if— trict Court for the District of Columbia or the Commission or the Attorney General of ‘‘(A) the contribution or donation is in an for the district in which the person resides or the contribution or donation or the cir- amount equal to or greater than $500 (other transacts business (prior to the expiration of cumstances surrounding the contribution or than a contribution or donation returned the 30-day period which begins on the date donation, or on the ability of the Commis- within 90 days of receipt by the committee); the person receives notification of the deter- sion or the Attorney General to take future or mination) a written petition requesting that actions with respect to the contribution or ‘‘(B) the contribution or donation was the determination be modified or set aside.’’. donation.’’. made in violation of section 315, 316, 317, 319, (b) CONFORMING AMENDMENT.—Section (b) AMOUNTS USED TO DETERMINE AMOUNT or 320 (other than a contribution or donation 309(a)(6)(A) (2 U.S.C. 437g(a)(6)(A)) is amend- OF PENALTY FOR VIOLATION.—Section 309(a) (2 returned within 90 days of receipt by the ed by striking ‘‘paragraph (4)(A)’’ and insert- U.S.C. 437g(a)) is amended by inserting after ing ‘‘paragraph (4)’’. committee). paragraph (9) the following new paragraph: (c) EFFECTIVE DATE.—The amendments ‘‘(2) INFORMATION INCLUDED WITH TRANS- ‘‘(10) For purposes of determining the made by this section shall apply with respect FERRED CONTRIBUTION OR DONATION.—A polit- amount of a civil penalty imposed under this to violations occurring on or after January ical committee shall include with any con- subsection for violations of section 323, the 1, 2001. tribution or donation transferred under para- amount of the donation involved shall be SEC. 305. ABOLITION OF EX OFFICIO MEMBER- graph (1)— treated as the amount of the contribution in- SHIP OF CLERK OF HOUSE OF REP- ‘‘(A) a request that the Commission return volved.’’. RESENTATIVES AND SECRETARY OF the contribution or donation to the person (c) DONATION DEFINED.—Section 323, as SENATE ON COMMISSION. making the contribution or donation; and added by subsection (a), is amended by add- Section 306(a) (2 U.S.C. 437c(a)) is ‘‘(B) information regarding the cir- ing at the end the following: amended— cumstances surrounding the making of the ‘‘(d) DONATION DEFINED.—In this section, (1) in paragraph (1), by striking ‘‘the Sec- contribution or donation and any opinion of the term ‘donation’ means a gift, subscrip- retary of the Senate and the Clerk’’ and all the political committee concerning whether tion, loan, advance, or deposit of money or that follows through ‘‘right to vote, and’’; the contribution or donation may have been anything else of value made by any person to and made in violation of this Act. a national committee of a political party or (2) in paragraphs (3), (4), and (5), by strik- ‘‘(3) ESTABLISHMENT OF ESCROW ACCOUNT.— a Senatorial or Congressional Campaign ing ‘‘(other than the Secretary of the Senate ‘‘(A) IN GENERAL.—The Commission shall Committee of a national political party for and the Clerk of the House of Representa- establish a single interest-bearing escrow ac- any purpose, but does not include a contribu- tives)’’ each place it appears. count for deposit of amounts transferred tion (as defined in section 301(8)).’’. SEC. 306. BROADER PROHIBITION AGAINST under paragraph (1). (d) DISGORGEMENT AUTHORITY.—Section 309 FORCE AND REPRISALS. ‘‘(B) DISPOSITION OF AMOUNTS RECEIVED.— (2 U.S.C. 437g) is amended by adding at the Section 316(b)(3) (2 U.S.C. 441b(b)(3)) is On receiving an amount from a political end the following new subsection: amended— H8280 CONGRESSIONAL RECORD — HOUSE September 14, 1999 (1) by redesignating subparagraphs (A) TITLE V—EFFECTIVE DATE The world has changed in that quar- through (C) as subparagraphs (B) through SEC. 501. EFFECTIVE DATE. ter century, but one thing has not (D); and Except as otherwise specifically provided, changed: Federal election law. Why? (2) by inserting before subparagraph (B) (as this Act and the amendments made by this Because whenever anyone offered rea- so redesignated) the following new subpara- Act shall apply with respect to elections oc- sonable and appropriate change, the graph: curring after January 2001. ‘‘(A) for such a fund to cause another per- plea was always tomorrow. son to make a contribution or expenditure The CHAIRMAN. Pursuant to House If anybody in this Chamber wants to by physical force, job discrimination, finan- Resolution 283, the gentleman from make law tonight, they ought to take a cial reprisals, or the threat of force, job dis- California (Mr. THOMAS) and the gen- look at the Thomas substitute because crimination, or financial reprisal;’’. tleman from Maryland (Mr. HOYER) it is, as it will be described, an amal- SEC. 307. SIGNATURE AUTHORITY OF MEMBERS each will control 20 minutes. gam of a bunch of good stuff that OF COMMISSION FOR SUBPOENAS The Chair recognizes the gentleman should have been passed a long time AND NOTIFICATION OF INTENT TO from California (Mr. THOMAS). SEEK ADDITIONAL INFORMATION. ago; but it was always the latest issue Mr. THOMAS. Mr. Chairman, I yield (a) ISSUANCE OF SUBPOENAS.—Section that got in front of it and the latest 307(a)(3) (2 U.S.C. 437d(a)(3)) is amended by myself 5 minutes. issue never made it. striking ‘‘signed by the chairman or the vice Mr. Chairman, the gentleman from This issue will not make it. Shays- chairman’’ and inserting ‘‘signed by any Maryland (Mr. HOYER) framed this de- Meehan will not become law. If some- member of the Commission’’. bate earlier in the day, I do not think one wants to make a political state- (b) NOTIFICATIONS OF INTENT TO SEEK ADDI- he fully appreciates it but he certainly ment, then vote for Shays-Meehan. If TIONAL INFORMATION.—Section 309(a)(2) (2 did, when he said we ought to support they want to make law, if they want to U.S.C. 437g(a)(2)) is amended by striking the Thomas substitute tomorrow. change current law, if they want to ‘‘through its chairman or vice chairman’’ We will recall the song, tomorrow, shorten 48 hours to 24, if they want to and inserting ‘‘through any of its members’’. tomorrow, tomorrow is always a day take all those people who currently run TITLE IV—SIMPLIFYING AND CLARIFYING away. their financing of their campaigns on FEDERAL ELECTION LAW Some of the provisions in my sub- their computers and then, because of SEC. 401. APPLICATION OF AGGREGATE CON- stitute have stretched that day to our current laws run a contest in the TRIBUTION LIMIT ON CALENDAR more than a quarter of a century. Of YEAR BASIS DURING NON-ELECTION campaign office to find a person with YEARS. the more than two dozen provisions in the worst handwriting and have them Section 315(a)(3) (2 U.S.C. 441a(a)(3)) is the Thomas substitute, 13 of them have personally fill out the report so that amended by striking the second sentence. not been addressed since 1976. when it gets to the FEC it has to be SEC. 402. TREATMENT OF LINES OF CREDIT OB- Why? The cry has always been for translated and then put on the elec- TAINED BY CANDIDATES AS COM- real, for substantive change, change tronic medium, what we say is do it MERCIALLY REASONABLE LOANS. that could become law, let us do it to- electronically if a campaign raises Section 301(8)(B) (2 U.S.C. 431(8)(B)) is morrow. more than $50,000. amended— We are in the middle of this debate in Everybody is doing it on computers (1) by striking ‘‘and’’ at the end of clause which people who are supporting anyway. These are the kind of changes (xiii); Shays-Meehan have the latest cracker (2) by striking the period at the end of that we ought to make first. Let us get clause (xiv) and inserting ‘‘; and’’; and jack approach. Of course, earlier it was it right, and then we can discuss how (3) by adding at the end the following new PACs. Before that it was other bogey- we want to change the world. clause: men in terms of the system, all of them It just seems to me that at some ‘‘(xv) any loan of money derived from an fundamental threats to the republic, time after the invention of compact advance on a candidate’s brokerage account, notwithstanding the Supreme Court disk players, after the invention of credit card, home equity line of credit, or saying that the First Amendment has VCRs, after Larry Bird was elected other line of credit available to the can- to be upheld. NBA rookie of the year in 1980, some of didate, if such loan is made in accordance We see another assault on the First with applicable law and under commercially these provisions ought to be changed. reasonable terms and if the person making Amendment. This is the opportunity. such loan makes loans in the normal course What I decided to do, Mr. Chairman, If my colleagues want to make a of the person’s business.’’. was to examine what the Democrats statement, vote for Shays-Meehan; if SEC. 403. REPEAL SECRETARY OF COMMERCE RE- were offering, what the Republicans they want to make law, vote for the PORTS ON DISTRICT-SPECIFIC POP- were offering, what was obviously in Thomas substitute. ULATION. need of change, pull it together and in Mr. Chairman, I reserve the balance (a) REPEAL REPORT BY SECRETARY OF COM- about two dozen provisions offer of my time. MERCE ON DISTRICT-SPECIFIC VOTING AGE change; change that has been needed Mr. HOYER. Mr. Chairman, we want POPULATION.—Section 315(e) (2 U.S.C. 441a(e)) for more than a quarter of a century in to make sense today. Mr. Chairman, I is amended by striking ‘‘States, of each some instances but has never, ever, for State, and of each congressional district’’ yield 3 minutes to the distinguished and inserting ‘‘States and of each State’’. some reason, been able to move. gentleman from Tennessee (Mr. WAMP). (b) DEADLINE FOR REPORTING OF CERTAIN Some of my colleagues might find it Mr. WAMP. Mr. Chairman, I thank ANNUAL ESTIMATES TO COMMISSION.— ironic, but one of the provisions in my the gentleman from Maryland (Mr. (1) PRICE INDEX.—Section 315(c)(1) (2 U.S.C. substitute bans foreign soft money in HOYER) for yielding me this time. 441a(c)(1)) is amended— U.S. elections. Another one guarantees Mr. Chairman, first I want to applaud (A) by striking ‘‘At the beginning’’ and in- the rights of U.S. citizens to contribute the truly bipartisan team so ably lead serting ‘‘Not later than February 15’’; and to campaigns through Political Action by the gentleman from Connecticut (B) by striking ‘‘as there become available Committees. Whether the PAC is a do- (Mr. SHAYS) and the gentleman from necessary data from the Bureau of Labor Statistics of the Department of Labor,’’. mestic or a foreign-owned corporation Massachusetts (Mr. MEEHAN) who have (2) VOTING AGE POPULATION.—Section 315(e) it has to be in the United States. Many brought us yet again this year to the (2 U.S.C. 441a(e)) is amended by striking of them deal with the current anti- success that we have seen today on ‘‘During the first week of January 1975, and quated timing of information. Many of sticking together and doing the right every subsequent year,’’ and inserting ‘‘Not them extend from 1976. thing. later than February 15 of 1975 and each sub- Forty-eight hours in 1976 may have I want to thank the Speaker of the sequent year,’’. been a relatively long time. Mobile House for honoring his commitment to SEC. 404. TECHNICAL CORRECTION REGARDING phones were not invented. E-mail was allow this legislation to come to the TREATMENT OF HONORARIA. not invented. To a very great extent, floor with a full and fair debate in Sep- Section 301(8)(B) (2 U.S.C. 431(8)(B)), as the Internet did not exist. There were tember of this year, and we will com- amended by section 402, is further amended— 200 sites linked through the Advanced plete this business in a few moments. (1) by adding ‘‘and’’ at the end of clause (xiii); Research Project Agency’s net, but it I also want to point out, though, that (2) by striking clause (xiv); and certainly was not the Internet. C– when my party, the Republican Party, (3) by redesignating clause (xv) as clause SPAN did not exist; neither did CNN or in which I am proud to be an active (xiv). ESPN. member, was in the minority here, our September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8281 party supported most of these same re- ries of much-needed changes. For in- This amendment is so innocuous that forms in the minority. The truth is, stance, there are over 20 provisions in it comprises mostly recommendations any minority party is going to support this legislation that will simplify and that were unanimously supported by reform and any majority party is going strengthen laws for FEC reporting and the FEC commissioners. If there is a to oppose reform because it is basically enforcement. In addition, the Thomas single Member in this chamber tonight essential, they believe, to preserve the substitute places a strict ban on for- that intends to vote against this current system for their benefit, and eign soft money. Finally, one of the amendment, raise their hands. Not a therein lies the problem. problems with the current campaign fi- single Member. This is an amendment This bill is the best effort in 25 years nance system is not what we know, but that should be taken up on the consent to make major strides towards clean- what we do not know. This legislation calendar that is reserved for technical ing up the current system. The Amer- will ensure that more rapid filing re- bills. That is where we should be debat- ican people expect us to do that. quirements, electronic filings, will ing the merits of this. We should not be I believe that this is a decision for make it easier for the public to know debating it as a way to submarine the ages that we will make in a few who is contributing to which federal Shays-Meehan. minutes. We do have to beat back the candidate. The fight has always been about the Thomas substitute. It is obviously full This is why I commend Texas Gov- right to be heard about the merits of of things that need to be done, but it is ernor George W. Bush who posted all of Shays-Meehan on the floor of the really not campaign finance reform his campaign contributors on his Web House, and we have almost concluded itself, in and of itself. It is campaign site for public view. The most impor- that debate, but let me conclude by cit- reform. It is corrections. It cleans up tant aspect of this debate is informa- ing once again the facts, because the the current system, but it does not ad- tion, and we should support legislation facts speak for themselves. In the 1991/ dress soft money and the major issues that gives us more information, not 1992 election cycle, $86 million by both that affect the system today that need less. political parties was spent in soft to be addressed. So it should be an Once again, it seems that politics money; in 1996, $260 million; in 1970 and amendment and not a substitute. will rule the day, though, for sup- 1978, $193 million, more than twice the So we will have to beat it back and porters of Shays-Meehan, a major por- previous presidential campaign cycle. then bring this to final passage. The tion of the Thomas substitute was And in the 2000 election cycle, it is es- vote, though, again Thomas and then taken from the ranking member of the timated between $500 million and $750 for final passage, is a vote really about Committee on House Administration, million in soft money. These are un- yet politics prevail and he has chosen putting country above party, and that limited contributions that are not to oppose the bill with the provisions is difficult because the pressures with- being made for good government. in it that he himself used to support. It in one’s party are to support the lead- The facts speak for themselves. Let is pretty clear to me that the pro- ership, to support the majority. Clear- us defeat this amendment, let us pass ponents of this legislation are more ly, it takes courage, I think, for some it on the consent calendar, and let us concerned about politicizing the issue, of us to step out and say this needs to pass Shays-Meehan. rather than actually passing legisla- be done. Mr. THOMAS. Mr. Chairman, I yield tion which will improve our current Countless former Members of this myself 1 minute to give an example of situation. the kinds of things that we propose in House and the Senate have come out in The Thomas substitute is the only the Thomas substitute that simply support of this. It is amazing how legislation that has a chance to be have been overlooked for more than a many more people support this when signed into law. If we do not pass this quarter of a century. When one makes they are no longer here, when they no bill out of this House, that has a longer face the pressures of reelection chance to be signed into law, the cur- reports, there is no requirement to or holding the majority. Then they re- rent abuses will go untouched. show secondary payments. In many flect and say, that really needs to be I say to my fellow Members that if campaign reports, they simply list done. Virtually every President that they really care about going back to their key campaign support com- can speak on this issue has said this their districts and telling their con- mittee, $50,000. We have no idea where needs to be done. They are serving real- stituents that they supported real cam- that money has been spent, and there ly as the conscience of the American paign finance reform, then support the is no requirement under federal law to electorate and the leadership of our Thomas substitute. This legislation break it down. country by saying, yes, I am no longer places a strict ban on foreign soft What we say we ought to do is to re- standing for reelection. I have been money contributions to federal can- quire record keeping and disclosure by there. I know the influences of money didates. This was the major abuse in political committees in terms of who on critical policy decisions that affect the last presidential election, and un- got the actual payment: the secondary our great Nation; and, yes, this needs less we support this legislation, these payers, the subcontractors. This is ab- to be done. So we need to listen closely abuses can continue. solutely essential to have an under- to them as well. Mr. Chairman, I urge my colleagues standing of the flow of money. They This bill cuts both ways. I believe it to vote for the Thomas substitute say they want to follow the money. is equally harsh on the Republican which is the only legislation we will They say they want to make sure ev- Party and the Democratic Party. consider here tonight that will be eryone knows who pays whom. It sim- The Good Book says, the love of signed into law. ply is not done in Shays-Meehan. This money is the root of all evil. Mr. HOYER. Mr. Chairman, I yield is a long overdue change. 11⁄2 minutes to the gentleman from It also requires post-election reports b 2230 Florida (Mr. DAVIS). to include cumulative information on There are too many influential deci- Mr. DAVIS of Florida. Mr. Chairman, contributions and expenditures. Those sions made by money in this institu- this amendment is the only obstacle are the kinds of things that will give tion. Let us pass Shays-Meehan to- standing between us and passage of the people a true picture of who contrib- night. Shays-Meehan bill. Unfortunately, this utes and who spends. It is not in theirs; Mr. THOMAS. Mr. Chairman, it is my is not a debate on the merits of this it is in ours. privilege to yield 3 minutes to the gen- amendment, because the gentleman Mr. Chairman, I yield 2 minutes to tleman from Illinois (Mr. EWING), a from Tennessee (Mr. WAMP) and I at- the gentleman from Pennsylvania (Mr. member of the committee. tempted to offer the substance of this ENGLISH). (Mr. EWING asked and was given per- amendment as a separate amendment Mr. ENGLISH. Mr. Chairman, I rise mission to revise and extend his re- to Shays-Meehan so that the Members in strong support of the Thomas sub- marks.) would have an opportunity to vote for stitute to H.R. 417. Mr. EWING. Mr. Chairman, I rise in this Good Housekeeping measure and This substitute amendment makes support of the Thomas substitute, and for Shays-Meehan, and we were de- meaningful reforms to the current sys- I urge my colleagues to vote for this prived of that opportunity, and so was tem that are balanced, constitutional substitute. The legislation makes a se- the body. and have an actual chance of being H8282 CONGRESSIONAL RECORD — HOUSE September 14, 1999 signed into law. The banning of foreign tion among our young people. The spe- Mr. Chairman, it is my pleasure to soft money improved enforcement abil- cial interests will continue to write a yield 4 minutes to the gentlewoman ity of the FEC and increased candidate tax code that is replete with loopholes from Kentucky (Mrs. NORTHUP). and party disclosure by means of elec- that burden the rest of the American b 2245 tronic filing and public Internet post- people. ing are all much-needed reforms that We need a clean sweep of this cam- Mrs. NORTHUP. Mr. Chairman, since both parties agree are necessary. paign finance system, not some modest I was elected to Congress, I have been I urge my colleagues to vote for the housekeeping touch-up; not mere so surprised at so much that has gone Thomas substitute, because although it toothless tinkering with a clearly very on in our campaign finance regulation is limited in scope, it provides a fair broken system. Reject this amendment or reform debates. All over we hear and balanced reform to the current sys- and adopt true reform. people talk about the influence of tem and has the potential to pass the The CHAIRMAN. The gentleman money. That surprises me. First of all, we all know that it is already illegal to Senate this year and become law. By from Maryland (Mr. HOYER) has 14 min- contrast with the Shays-Meehan pla- utes remaining; the gentleman from trade campaign promises for money that would come into our campaigns. cebo, the Thomas substitute would California (Mr. THOMAS) has 9 minutes Even after we are elected, it is illegal make changes that would not unduly remaining. to vote because somebody gave us favor one party or one philosophy over Mr. HOYER. Mr. Chairman, I yield 3 minutes to the gentleman from Penn- money in the campaign. another after facing judicial scrutiny. I am probably one of the most expen- Unlike Shays-Meehan, the Thomas sub- sylvania (Mr. FATTAH). Mr. FATTAH. Mr. Chairman, let me sive campaigns year in and year out stitute will not add to the over- that are run in this House, $1.8 million whelming advantage that incumbents remind the House that oftentimes when people talk about tomorrow, the in my last election. I almost cannot have over challengers. cast a vote on the House floor without other day that they refer to is yester- Shays-Meehan is ultimately an in- looking a good number of my sup- day. And in this particular case, there cumbent protection bill. It will reduce porters in the eye and saying, I am was a yesterday not too long ago when competition in congressional elections sorry, I do not agree with you on this the substance of the Thomas legisla- and further sap the vitality of our po- issue. I cannot support you. I am going tion was offered as an amendment to litical process. to vote against you. They knew I would Shays-Meehan in committee and the Although proponents of Shays-Mee- do that when they supported me. They majority decided that they did not han claim it is the only reform package supported me because they believed want to have it be a part of the Shays- that has a chance of being enacted, the that I would know the issue, that we Meehan package. reality is that the Senate is likely to shared a common perspective about The plain English of where we are to- block the Shays-Meehan bill much as public policy, and that I would always night is embodied in the rule that the it did last year when a nearly identical do my best. measure was reported out of the House. majority created to govern this debate, If I ever got into specifics, there Mr. Chairman, I urge my colleagues that is that this is not an amendment would always be groups on both side of to send something to the Senate that to Shays-Meehan, this is a substitute. every issue. I find it very comfortable we have a chance of putting into law All too often some are eager to take a to look people in the eye and say, this this year and deserves to be put into substitute over the real McCoy or, in is an area where I do not agree with law and deals with real abuses in a this case, the real Shays-Meehan. you. So I always have to wonder, peo- very balanced and constitutional way. A substitute just will not do, because ple who talk about influence peddling, I urge a vote for the Thomas substitute what we have come to understand even about being compromised by the con- for all of those who are true supporters here in this House is that the time has tributions that are received, do they of campaign finance reform. come to reform our campaign finance have trouble voting their conscience Mr. HOYER. Mr. Chairman, I yield laws. It is embodied in this bipartisan because of the people that give to 11⁄2 minutes to the distinguished gen- approach, and the only way that we them? Do they find that they cannot tleman from Texas (Mr. DOGGETT). can get to the Shays-Meehan approach, exercise what they really believe is in Mr. DOGGETT. Mr. Chairman, of this which a majority of us agree on, is that the best interests of their constituents amendment it can be said, seldom have we have to move the substitutes aside because they get campaign contribu- so few worked so hard to do so little. and focus on the real reform that is tions? Who could be against the little that embodied in the base bill that we will I believe if Members have that prob- this substitute proposes? Only those of have a chance to vote on once we dis- lem, that nothing we do on the floor of us who are committed to doing more, pose of the Thomas amendment. the House tonight will change that and who realize that the modest changes Now, I have a great deal of respect give these Members a backbone, be- proposed by the Shays-Meehan ap- for the chairman of my committee, and cause the fact is that if the Republican proach are the minimum necessary to I think that the suggestions that are party comes in and does soft money ads bring any real change to this Congress. offered are something that all of us can for me and I feel that I would be com- Those intent on blocking reform have work towards, and that is why I offered promised, a human being that would carefully crafted the rule governing the it as an amendment to Shays-Meehan. write me a check for $1,000 would in- procedure for this debate so that the Maybe now, after we dispose of it to- timidate me even more. approval of any alternative, even one night, we will find another way on an- So the fact is that we can shut off all as meager as that advanced by the gen- other day when we can get to it, but the soft money, we can shut off what tleman from California (Mr. THOMAS), those who want to point at tomorrow my party does. But if we have people will serve to nullify real reform. The as some far off day have to look at on this floor in the vote in the next sole purpose of this substitute is not their own actions when they had the hour that feel intimidated by campaign some newly discovered interest in cor- opportunity to take these suggestions contributions, contributions of $200 of recting some minor provisions in the and embody them in the vehicle that $500 or of $1,000 are going to make them Federal Election Code, but it is to de- this House passed last year and will shake when they have to vote against feat true reform, an objective its au- pass again tonight. the people who gave them that. thor has made clear by his repeated When we want to clean up the creek, So whether or not Members are influ- votes against cleaning up this mess. we have to get the hogs out of the enced by money is a matter of their Without a vote for genuine campaign water first. We, in order to get to conscience. It is a matter of their back- finance reform tonight, special inter- Shays-Meehan, have to remove these bone. It is a matter of their courage. It ests will continue to have a strangle substitutes out of our way. We have to is a matter of believing that Members hold on this body. The pharmaceutical keep our eyes on the prize. I would ask are here always to rise above any one companies will decide whether seniors my colleagues to say no to the Thomas person’s best interests and do what is get access to prescription drugs. The substitute so that we can focus in on right for this country. tobacco companies will decide whether real campaign reform. I believe that this bill, the Shays- we do anything about nicotine addic- Mr. THOMAS. Tomorrow, tomorrow. Meehan bill, would profoundly increase September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8283 the corruption of money in politics be- stitute, but it is just that, it is a sub- Mr. MEEHAN. Mr. Chairman, I thank cause right now the majority of cam- stitute. It means that it is the end of the gentleman for yielding time to me. paigns are run with hard money, Shays-Meehan. It has been a long evening. In fact, it money that we go from person to per- We have been voting all night to pro- has been a long battle going back over son and ask for, money that every tect Shays-Meehan, because it is im- the last few years. We have been able voter knows where I got the money portant that we get it passed. We have to work, Democrats and Republicans, from and knows every way I spent it. to remember that when we cast this to form a bipartisan coalition, and I We all know why Shays-Meehan re- vote. We could easily go back and pick would like to take this opportunity to fused to tie the constitutionality of up the Thomas substitute. We could thank so many of the Members of this soft money from parties and special in- have done it as an amendment, as a House who have made it possible. terest groups, but what we will do is we matter of fact, if the Committee on I think back to the debate last year, will have the millions of people that Rules had allowed it, and certainly when many of the Members had the seek to influence elections, care about could do it in the future. Commission bill, and how cooperative who is elected, care that somebody We have heard a lot of different pres- they were to join with the sponsors of that represents their perspective is entations here tonight. I do not know Shays-Meehan to unite our effort to elected instead of giving it to the par- what the influence of money really is, add the Commission bill to the Shays- ties, they are going to find some inde- but I do get frankly quite concerned Meehan bill. pendent group. when I read that large corporations I think of how critical it was when Next year if China decides that they and large labor unions and people of the Democratic leadership, the gen- care about who is elected, if China de- various interests with legislation be- tleman from Missouri (Mr. GEPHARDT), cides that they care about influencing fore this body are all of a sudden giving the gentleman from Michigan (Mr. the election, they will not be able to to the parties amounts of money that BONIOR), the gentleman from Maryland give it to the Democratic National are in excess of $100,000, $200,000, even (Mr. HOYER), and others, joined with Committee. Instead, they are going to in some cases $300,000. It has to make this effort and have whipped so effec- have to find Mainstream America or everybody stop and think, they are giv- tively the Democratic Members of this some other special interest group that ing it for some reason. It is not because House. I want to thank them for their never has to say where one penny they are necessarily interested in char- efforts. I want to thank the gentleman from comes from, never says where one ity, they are interested in their own Connecticut (Mr. SHAYS), the gen- penny goes, and we will not know that bottom line. I think this body is made up of people tleman from Tennessee (Mr. WAMP), that is who influenced the election. the gentlewoman from New Jersey Mr. HOYER. Mr. Chairman, I yield of full ethics, people who are good peo- ple, but I think we have to make this (Mrs. ROUKEMA), and all of the Mem- 11⁄2 minutes to the distinguished gen- change. I would encourage each and bers of the Republican party who have tleman from Delaware (Mr. CASTLE), every one of us to support Shays-Mee- worked so diligently. I thank all of the formor Governor and a Member of han. I think it will pass the Senate and them, as well. the House. will become the law of this country. The hour is late. I think it is clear Mr. CASTLE. Mr. Chairman, I thank Mr. HOYER. Mr. Chairman, I yield 1 from the way the votes have been going the gentleman very much for yielding minute to the distinguished gentleman that the Members of this House are time to me. from New York (Mr. CROWLEY), presi- ready to take the extraordinary step to I would like to thank other people, dent of the freshman class on our side. pass bipartisan, bicameral campaign fi- including the chairman, the gentleman Mr. CROWLEY. Mr. Chairman, I nance reform. As I said earlier, it only from Ohio (Mr. HOBSON) for the wonder- thank the gentleman for yielding time happens once in a generation. It is an ful job he has done throughout this day to me. extremely difficult issue to get Mem- and evening in dealing with this legis- Mr. Chairman, I rise in opposition to bers of both sides of the aisle to work lation. the Thomas substitute, as it does not together on, but we have done it. I would like to thank the Speaker of represent real reform. Mr. Chairman, The gentleman from California (Mr. the House. Some of us may not have our campaign system is broken and THOMAS) has a substitute that, frankly, liked the rule originally, but without needs urgent reforms and not nip and we could pass in a suspension on Mon- what he did in allowing it to come to tuck around-the-edge solutions offered day or Tuesday of next week. It is not the floor, we would not be here. by the honorable chairman, the gen- real campaign finance reform, but I would like to congratulate the gen- tleman from California (Mr. THOMAS). under the rule, if Members vote for tleman from Connecticut (Mr. SHAYS) Although the Thomas substitute con- this, it will kill our opportunity, our and the gentleman from Massachusetts tains some important reforms of the golden opportunity, this evening. (Mr. MEEHAN), not necessarily because Federal Elections Commission, it does So I think it is clear to the member- they may pass this bill tonight, and I nothing to reform our political system, ship that they have to vote no on the hope they will, I support the legisla- nothing to rein in those deceptive issue Thomas substitute, and if the gen- tion, but because of the manner in ads, nothing to eliminate the old pow- tleman from California (Mr. THOMAS) which they have prepared for this and erful role of soft money in our political and others are willing, we should take handled this debate. campaigns, and nothing to restore the it up at a later date, pass it under a I also thank the gentleman from faith of Americans in our political sys- suspension. I am sure it would get 350 California (Mr. THOMAS), who I think tem. to 420 votes. actually has a good piece of legislation We are here today to debate the cam- But now is the time, the hour is late, here, although maybe not in the right paign finance reform, real campaign fi- to pass campaign finance reform. I process in terms of how we should do nance reform. the Thomas substitute is thank all of the Members who have it; and the gentleman from Arkansas not campaign finance reform. There been involved in this debate. I thank (Mr. HUTCHINSON), obviously, and the was only one bill on the floor this the gentleman from Maryland (Mr. gentleman from California (Mr. DOO- evening which will accomplish these HOYER) for his leadership on the com- LITTLE), and everyone else who spon- tasks, the Shays-Meehan reform bill. mittee. I again thank the Members for sored the amendments. Reform is demanded by our constitu- their extraordinary effort on this his- Every once in a while there is an en- ents. Let us vote for real reform today. toric vote for real, comprehensive cam- lightening debate. This is one that has Oppose the Thomas substitute and sup- paign finance reform. been bipartisan. All of us have learned port the Shays-Meehan reform bill. Mr. THOMAS. Mr. Chairman, I yield a lot. We have had a chance to listen in Mr. HOYER. Mr. Chairman, the gen- myself such time as I may consume. on it. For that, I think we should all be tleman from Maryland is very proud to I would tell the chairman, it is amaz- thankful. yield 3 minutes to the gentleman from ing how many people are willing to do We really have to know what we are Massachusetts (Mr. MEEHAN), who is something that could become law to- doing here. We have to be very careful. back in the Chamber and who has done morrow. There is nothing in my mind that is ob- such an extraordinary job on this piece Mr. Chairman, it is my pleasure to jectionable at all in the Thomas sub- of legislation through the years. yield 2 minutes to the gentleman from H8284 CONGRESSIONAL RECORD — HOUSE September 14, 1999

Michigan (Mr. EHLERS) from the com- people, for example, have died as a re- Philadelphia. It is a story of the devel- mittee. sult of tobacco smoking. We would not opment of this book called the Con- Mr. EHLERS. Mr. Chairman, I thank address the targeting of teenage smok- stitution of the United States. I highly the gentleman from California, the ers. Why? Not because many Members recommend it to my colleagues. It out- sponsor of the substitute, for yielding had tobacco growers in their district. lines the development of the structure time to me. My only regret is he did That was not the reason. It is because of our government that gives us the such a masterful job of introducing his we have tobacco money in our pockets. ability to debate, to act, this wonderful substitute that he has left very little I could give any number of reasons, framework under which this Congress to say. It is clearly a very good sub- whether it be health care reform, in- operates. stitute. It is a very good piece of legis- surance reform, tort reform, any num- This week, 212 years ago, our Found- lation and something we should pass. ber of issues. Do what the American ing Fathers finished this document. Mr. Chairman, let me add just a few people want. Restore a true democracy. When they finished the structure, the comments about that. First of all, let Vote for Shays-Meehan and reject the next thing that they did was they im- us be pragmatic. As Members have Thomas substitute. mediately passed 10 rights, funda- heard a number of Members say, we Mr. HOYER. Mr. Chairman, I yield mental rights for the people of this passed this bill, the Shays-Meehan bill, 11⁄2 minutes to the gentleman from country. last year. The Senate did not. We may Connecticut (Mr. SHAYS) who has The first right, not the second, third, pass it tonight. The Senate is unlikely worked so hard, so diligently, and so fourth or tenth, is the freedom of to pass it. Let us pass something that effectively on behalf of this legislation. speech. There is only one thing wrong will make a difference. Let us be prag- Mr. SHAYS. Mr. Chairman, when I matic and vote for the Thomas sub- with Shays-Meehan. It shreds the Con- woke up this morning, I tried to pre- stitute, and get something passed that stitution and that first precious pare myself for the fact that we might will in fact make a difference. amendment. That is the basic flaw Furthermore, it is badly needed. I lose. There were seven amendments with Shays-Meehan. was just chatting with a member of my that would kill us, and there are three So our committee brought together staff tonight. Less than 10 years ago he substitutes that would replace us. reforms recommended by everyone, by was working for a Member of Congress I thought it is up to each and every the FEC, and others, things that are and they were answering all their mail one of us just to make our decisions, doable, things that are within the law, with Selectric typewriters. My com- and we can live with the results. But within the Constitution, and within ment was, no wonder that Member lost we are so close. We have to defeat this the framework of our government. his election. The times passed him by. substitute. It is a good amendment as a That is what we presented. The times have passed our current perfecting amendment. As a substitute, Let me read what the ACLU says election law by and we have not cor- it kills us. So we have to kill it. about this Thomas substitute: rected it. The gentleman from Cali- I just would want to say to all of my This substitute is far superior to Shays- fornia (Mr. THOMAS) gave a list of all colleagues that this has been a bipar- Meehan in many respects because of the ab- things that should be changed. I was tisan effort, and it has been a tremen- sence of provisions that offend the constitu- astounded when I was elected to this dous pleasure. I remember working tional rights and that H.R. 417, Shays-Mee- House and found a totally antiquated with the gentleman from Maryland han, contains the harshest and most uncon- computer system, and Speaker Ging- (Mr. HOYER) when we tried to pass con- stitutional controls on issue advocacy rich asked me to work with the gen- gressional accountability. It took us 6 groups. tleman from California (Mr. THOMAS) years. We did not say after the second Mr. THOMAS. Mr. Chairman, I yield in updating it. year we were going to give up. We did myself the balance of my time. We have done that. Today all the it on a bipartisan basis. I was proud of Mr. Chairman, the gentleman from Members of the House enjoy a mar- how we passed it. We got Congress Maryland (Mr. HOYER) congratulated velous computer system. They are on under all of the laws. the gentleman from Massachusetts the Internet, they have websites. Yet, We are going to have campaign fi- (Mr. MEEHAN). The congratulations they are not willing to vote for a bill nance reform. I hope it is in the form should have been listened to carefully. that will make a difference, that will we are suggesting, but we are going to He said he has done a great job through put the FEC online, put all our con- see it happen. We are not going to give the years. We can continue to do this. tributions online immediately, in a di- up on the Senate. We can continue to make wonderful rect fashion, and bring the system up We have got to ban soft money. It is statements. We can continue to come to date. just a perversion that is distorting the up with a new idea, which is the most Let us be pragmatic. Let us vote for whole system. It is allowing corpora- recent threat to the republic. It used to something that will work. Let us up- tions and labor unions to give unlim- be PACs. Now it is soft money. It will date current election law. Let us vote ited sums and work their will in a way be something else in the future. It will for the Thomas substitute and get this that should not happen. always be just beyond the horizon. It done. We have got to call those sham issue will always be an issue. That is fairly Mr. HOYER. Mr. Chairman, I yield 1 ads what they are, campaign ads, so we clear. minute to the gentleman from Virginia have disclosure and not have corporate I tell the gentleman from Virginia, I (Mr. MORAN). money and union dues money flowing did not offer this substitute for cynical Mr. MORAN of Virginia. Mr. Chair- in. reasons. I offered it in case anybody man, the problem with the Thomas We need FEC enforcement and disclo- really wanted to change the law. That substitute is not its wording, it is its sure which our bill does, and then we is our chance tonight. motivation. It is a cynical ploy to kill have a commission to look at some of The Democrats had a majority in the substantive campaign finance reform. House, had a majority in the Senate, We live in the greatest democracy in the things that we do not do. and had the Presidency from 1992 to the history of western civilization, but This is a sensible bill. It is not a rad- 1994. What did they do? They did not it is not a true democracy as long as ical bill. We have only passed it once. I change the law. the wealthiest people and organiza- hope we do it again and send it to the We have an opportunity tonight in tions in this country can have undue Senate. Then we have a year to work influence upon the elections and the on the Senate to try to get them to do fundamental and real ways to change votes of this body. We need substantive the right thing. Fifty-two have already the election laws of this country. My campaign finance reform, and we know agreed, and hopefully we will get that colleagues can do it by voting for the it is what the people want. There is 60. Thomas substitute. If my colleagues only one reason we do not do it, and it Mr. THOMAS. Mr. Chairman, I yield want to make a political statement, as 3 is the wrong reason. 1 ⁄4 minutes to the gentleman from we have done year after year after Florida (Mr. MICA), a member of the year, I am sure the gentleman from b 2300 committee. Massachusetts (Mr. MEEHAN) will take Since we began debating campaign fi- Mr. MICA. Mr. Chairman, my favor- those congratulations of his efforts nance reform years ago, millions of ite book is entitled the Miracle at over the years. I would much rather September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8285 change the law. We can do it tonight. [Roll No. 421] Jenkins Menendez Sanford Johnson (CT) Metcalf Sawyer Vote ‘‘yes’’ on the Thomas substitute. AYES—173 Johnson, E.B. Millender- Saxton Mr. HOYER. Mr. Chairman, I yield Aderholt Gekas Peterson (MN) Jones (OH) McDonald Schakowsky myself the balance of the time. Archer Gibbons Peterson (PA) Kanjorski Miller, George Scott Mr. Chairman, so we come to this Armey Goode Petri Kaptur Minge Serrano Bachus Goodlatte Pickering Kelly Mink Shays hour. There will be a subsequent vote Baker Goss Pitts Kennedy Moakley Sherman on final passage of Shays-Meehan, but Ballenger Granger Pombo Kildee Mollohan Shows this is the critical vote. This vote will Barr Green (WI) Portman Kilpatrick Moore Sisisky Kind (WI) Moran (VA) Skeen determine whether years of hard work Bartlett Gutknecht Radanovich Barton Hall (TX) Reynolds King (NY) Morella Skelton and commitment will be realized Bateman Hansen Riley Kleczka Murtha Slaughter through the effective passage of legis- Biggert Hastert Rogan Klink Nadler Smith (WA) lation to reform campaign finance. Bilirakis Hastings (WA) Rogers Kucinich Napolitano Snyder Bishop Hayes Rohrabacher Kuykendall Neal Spratt Yes, there is another day for the Bliley Hayworth Royce LaFalce Nussle Stabenow Thomas substitute. It is a non- Blunt Hefley Ryan (WI) LaHood Oberstar Stark controversial piece of legislation. But Boehner Herger Ryun (KS) Lampson Obey Stenholm Bonilla Hill (MT) Salmon Lantos Olver Strickland it is not campaign finance reform, al- Bono Hilleary Scarborough Larson Ortiz Stupak though it has some aspects of that. It Brady (TX) Hobson Schaffer LaTourette Ose Tanner is, in fact, reform of the process of the Bryant Hoekstra Sensenbrenner Lazio Owens Tauscher Leach Pallone Taylor (MS) FEC. That process needs reforming. I Burr Hostettler Sessions Burton Hulshof Shadegg Lee Pascrell Thompson (CA) would even ask perhaps for unanimous Buyer Hunter Sherwood Levin Pastor Thompson (MS) consent that we place this on the con- Callahan Hutchinson Shimkus Lewis (GA) Payne Thurman sent calendar tomorrow. I will not do Calvert Hyde Shuster Lipinski Pelosi Tierney Camp Isakson Simpson LoBiondo Phelps Towns that, but I suggest that it could hap- Canady Istook Smith (MI) Lofgren Pickett Traficant pen. Cannon John Smith (NJ) Lowey Pomeroy Turner Now, at this late hour, before day’s Chabot Johnson, Sam Smith (TX) Lucas (KY) Porter Udall (CO) Luther Price (NC) Udall (NM) end, before the clock strikes 12, we can Chambliss Jones (NC) Souder Chenoweth Kasich Spence Maloney (CT) Quinn Upton pass meaningful campaign finance re- Coble Knollenberg Stearns Maloney (NY) Rahall Velazquez form. But in order to do that, we must Coburn Kolbe Stump Markey Ramstad Vento reject the Thomas legislation, which, Collins Largent Sununu Martinez Rangel Visclosky Combest Latham Sweeney Mascara Regula Walsh as the gentleman from Florida (Mr. Cook Lewis (CA) Talent Matsui Reyes Wamp DAVIS) clearly posited, was a device to Cooksey Lewis (KY) Tancredo McCarthy (MO) Rivers Waters defeat a bill that the Chairman does Cox Linder Tauzin McCarthy (NY) Rodriguez Watt (NC) McDermott Roemer Waxman not like. I accept that. But no one Crane Lucas (OK) Taylor (NC) Cubin Manzullo Terry McGovern Rothman Weiner ought to misunderstand what the Cunningham McCollum Thomas McHugh Roukema Wexler Thomas substitute is, a device to de- Davis (VA) McCrery Thornberry McIntyre Roybal-Allard Weygand feat Shays-Meehan. DeLay McInnis Thune McKinney Rush Wise DeMint McIntosh Tiahrt McNulty Sabo Wolf It ought, therefore, to be rejected, so Diaz-Balart McKeon Toomey Meehan Sanchez Woolsey that we can honestly fulfill the Speak- Doolittle Mica Vitter Meek (FL) Sanders Wu er’s pledge, which was a pledge to vote Dreier Miller (FL) Walden Meeks (NY) Sandlin Wynn Dunn Miller, Gary Watkins NOT VOTING—5 on Shays-Meehan, not merely to bring Ehlers Moran (KS) Watts (OK) it to the floor so that opponents could, Ehrlich Myrick Weldon (FL) Hastings (FL) Pryce (OH) Shaw by some procedural device, dispose of it Emerson Nethercutt Weldon (PA) Kingston Ros-Lehtinen before we had a chance to vote on it. English Ney Weller Everett Northup Whitfield b But let us, as we were elected to do, Ewing Norwood Wicker 2330 make a decision. Let us vote on Shays- Fletcher Oxley Wilson Mr. WYNN and Mr. GOODLING Meehan, and say to the American peo- Fossella Packard Young (AK) Fowler Paul Young (FL) changed their vote from ‘‘aye’’ to ‘‘no.’’ ple ‘‘This is where we stand on pre- Gallegly Pease So the amendment in the nature of a venting soft money, on precluding substitute was rejected. sham ads, and on providing for a sys- NOES—256 The result of the vote was announced tem that is more open and more fair to Abercrombie Clayton Forbes as above recorded. the American public,’’ so that the cyni- Ackerman Clement Ford Allen Clyburn Frank (MA) The CHAIRMAN. Under the rule, the cism that now abounds can, to some Andrews Condit Franks (NJ) Committee rises. degree at least, be diminished, and the Baird Conyers Frelinghuysen Accordingly, the Committee rose; American public can have more faith Baldacci Costello Frost and the Speaker pro tempore (Mr. in their political system and, yes, in Baldwin Coyne Ganske Barcia Cramer Gejdenson LAHOOD) having assumed the chair, Mr. us. Barrett (NE) Crowley Gephardt Hobson, Chairman of the Committee of I urge a ‘‘no’’ vote on the Thomas Barrett (WI) Cummings Gilchrest the Whole House on the State of the substitute and a ‘‘yes’’ vote on Shays- Bass Danner Gillmor Becerra Davis (FL) Gilman Union, reported that that Committee, Meehan, which is meaningful, impor- Bentsen Davis (IL) Gonzalez having had under consideration the bill tant, campaign finance reform. Bereuter Deal Goodling (H.R. 417) to amend the Federal Elec- Berkley DeFazio Gordon tion Campaign Act of 1971 to reform Berman DeGette Graham b 2310 Berry Delahunt Green (TX) the financing of campaigns for elec- Bilbray DeLauro Greenwood tions for Federal office, and for other The CHAIRMAN. The question is on Blagojevich Deutsch Gutierrez purposes, pursuant to House Resolution the amendment in the nature of a sub- Blumenauer Dickey Hall (OH) 283, he reported the bill back to the stitute offered by the gentleman from Boehlert Dicks Hill (IN) Bonior Dingell Hilliard House with sundry amendments adopt- California (Mr. THOMAS). Borski Dixon Hinchey ed by the Committee of the Whole. The question was taken; and the Boswell Doggett Hinojosa The SPEAKER pro tempore. Under Chairman announced that the ayes ap- Boucher Dooley Hoeffel the rule, the previous question is or- peared to have it. Boyd Doyle Holden Brady (PA) Duncan Holt dered. RECORDED VOTE Brown (FL) Edwards Hooley Is a separate vote demanded on any Mr. SHAYS. Mr. Chairman, I demand Brown (OH) Engel Horn Campbell Eshoo Houghton amendment? If not, the Chair will put a recorded vote. Capps Etheridge Hoyer them en gros. A recorded vote was ordered. Capuano Evans Inslee The amendments were agreed to. The vote was taken by electronic de- Cardin Farr Jackson (IL) The SPEAKER pro tempore. The Carson Fattah Jackson-Lee vice, and there were—ayes 173, noes 256, Castle Filner (TX) question is on the engrossment and not voting 5, as follows: Clay Foley Jefferson third reading of the bill. H8286 CONGRESSIONAL RECORD — HOUSE September 14, 1999 The bill was ordered to be engrossed Tierney Visclosky Wexler CONSIDERING MEMBER AS Towns Walsh Weygand and read a third time, and was read the Turner Wamp Wise PRIMARY SPONSOR OF H.R. 88 third time. Udall (CO) Waters Wolf Mr. HOLT. Mr. Speaker, I ask unani- The SPEAKER pro tempore (Mr. Udall (NM) Watt (NC) Woolsey mous consent that I may hereafter be LAHOOD). The question is on the pas- Upton Waxman Wu Velazquez Weiner Wynn considered as the primary sponsor of sage of the bill. Vento Weldon (PA) H.R. 88, a bill originally introduced by The question was taken; and the NAYS—177 our esteemed former colleague, Rep- Speaker pro tempore announced that resentative Brown of California, for the the noes appeared to have it. Aderholt Goodlatte Paul Archer Goodling Pease purposes of adding cosponsors and re- Mr. HOYER. Mr. Speaker, on that I Armey Goss Peterson (MN) questing reprintings pursuant to clause demand the yeas and nays. Baker Granger Peterson (PA) 7 of rule XII. The yeas and nays were ordered. Ballenger Green (WI) Pickering Barcia Gutknecht Pitts The SPEAKER pro tempore (Mr. The vote was taken by electronic de- Barr Hall (TX) Pombo LAHOOD). Is there objection to the re- vice, and there were—yeas 252, nays Bartlett Hansen Portman quest of the gentleman from New Jer- 177, not voting 5, as follows: Barton Hastert Radanovich sey? Bateman Hastings (WA) Rahall [Roll No. 422] Biggert Hayes Reynolds There was no objection. YEAS—252 Bilirakis Hayworth Riley f Bishop Hefley Rogan Abercrombie Frelinghuysen McNulty Bliley Herger Rogers REPORT ON RESOLUTION WAIVING Ackerman Frost Meehan Blunt Hilleary Rohrabacher Allen Gallegly POINTS OF ORDER AGAINST CON- Meek (FL) Boehner Hobson Royce Andrews Ganske FERENCE REPORT ON H.R. 2490, Meeks (NY) Bonilla Hoekstra Ryan (WI) Bachus Gejdenson Menendez Bono Hostettler Ryun (KS) TREASURY AND GENERAL GOV- Baird Gephardt Metcalf Brady (TX) Hunter Salmon ERNMENT APPROPRIATIONS ACT, Baldacci Gilchrest Millender- Bryant Hutchinson Scarborough Baldwin Gillmor 2000 McDonald Burr Hyde Schaffer Barrett (NE) Gilman Miller, George Burton Isakson Scott Mr. SESSIONS, from the Committee Barrett (WI) Gonzalez Minge Buyer Istook Sensenbrenner Bass Gordon on Rules, submitted a privileged report Moakley Callahan Jenkins Sessions Becerra Graham Moore Calvert John Shadegg (Rept. No. 106–322) on the resolution (H. Bentsen Green (TX) Moran (VA) Camp Johnson, Sam Sherwood Res. 291) waiving points of order Bereuter Greenwood Morella Canady Jones (NC) Shuster Berkley Gutierrez against the conference report to ac- Nadler Cannon Kasich Simpson Berman Hall (OH) company the bill (H.R. 2490) making Napolitano Chabot King (NY) Skeen Berry Hill (IN) Neal Chambliss Knollenberg Smith (NJ) appropriations for the Treasury De- Bilbray Hill (MT) Oberstar Chenoweth Kolbe Smith (TX) partment, the United States Postal Blagojevich Hilliard Obey Coble LaHood Souder Blumenauer Hinchey Service, the Executive Office of the Olver Coburn Largent Spence Boehlert Hinojosa Ortiz Combest Latham Stearns President, and certain Independent Bonior Hoeffel Ose Cooksey Lewis (CA) Stump Agencies, for the fiscal year ending Borski Holden Owens Cox Lewis (KY) Stupak Boswell Holt September 30, 2000, and for other pur- Pallone Crane Linder Sununu Boucher Hooley poses, which was referred to the House Pascrell Cubin Lucas (OK) Sweeney Boyd Horn Pastor Cunningham Manzullo Talent Calendar and ordered to be printed. Brady (PA) Houghton Payne Davis (VA) McCollum Tancredo f Brown (FL) Hoyer Pelosi DeLay McCrery Tauzin Brown (OH) Hulshof Petri DeMint McInnis Taylor (NC) APPOINTMENT OF ADDITIONAL Campbell Inslee Phelps Diaz-Balart McIntosh Terry Capps Jackson (IL) CONFEREES ON S. 900, FINAN- Pickett Dickey McKeon Thomas Capuano Jackson-Lee CIAL SERVICES MODERNIZATION Pomeroy Doolittle Mica Thornberry Cardin (TX) Porter Dreier Miller (FL) Tiahrt ACT OF 1999 Carson Jefferson Price (NC) Dunn Miller, Gary Toomey Castle Johnson (CT) The SPEAKER pro tempore. Without Quinn Ehlers Mink Traficant Clay Johnson, E. B. Ramstad Ehrlich Mollohan Vitter objection, the Chair appoints the fol- Clayton Jones (OH) Rangel Emerson Moran (KS) Walden lowing additional conferees on S. 900, Clement Kanjorski Regula English Murtha Watkins Clyburn Kaptur Financial Services Act of 1999: Reyes Everett Myrick Watts (OK) Collins Kelly From the Committee on Banking and Rivers Ewing Nethercutt Weldon (FL) Condit Kennedy Rodriguez Fletcher Ney Weller Financial Services, for consideration of Conyers Kildee Roemer Fossella Northup Whitfield section 101 of the Senate bill and sec- Cook Kilpatrick Rothman Fowler Norwood Wicker Costello Kind (WI) tion 101 of the House amendment: Roukema Gekas Nussle Wilson Coyne Kleczka Roybal-Allard Gibbons Oxley Young (AK) Mr. KING is appointed in lieu of Mr. Cramer Klink Rush Goode Packard Young (FL) BACHUS. Crowley Kucinich Sabo Mr. ROYCE is appointed in lieu of Mr. Cummings Kuykendall Sanchez NOT VOTING—5 Danner LaFalce Sanders CASTLE. Hastings (FL) Pryce (OH) Shaw Davis (FL) Lampson Sandlin From the Committee on Commerce, Kingston Ros-Lehtinen Davis (IL) Lantos Sanford for consideration of section 101 of the Deal Larson Sawyer Senate bill and section 101 of the House DeFazio LaTourette Saxton b 2347 DeGette Lazio Schakowsky amendment: Delahunt Leach Serrano So the bill was passed. Mrs. WILSON is appointed in lieu of DeLauro Lee Shays The result of the vote was announced Mr. LARGENT. Deutsch Levin Sherman as above recorded. Dicks Lewis (GA) Shimkus Mr. FOSSELLA is appointed in lieu of Dingell Lipinski Shows A motion to reconsider was laid on Mr. BILBRAY. Dixon LoBiondo Sisisky the table. There was no objection. Doggett Lofgren Skelton The SPEAKER pro tempore. The Dooley Lowey Slaughter f Doyle Lucas (KY) Smith (MI) Clerk will notify the Senate of the Duncan Luther Smith (WA) change in conferees. Edwards Maloney (CT) Snyder GENERAL LEAVE f Engel Maloney (NY) Spratt Eshoo Markey Stabenow Mr. SESSIONS. Mr. Speaker, I ask b 2350 Etheridge Martinez Stark unanimous consent that all Members Evans Mascara Stenholm may have 5 legislative days within RESIGNATION AS MEMBER AND Farr Matsui Strickland which to revise and extend their re- APPOINTMENT AS MEMBERS OF Fattah McCarthy (MO) Tanner COMMISSION ON SECURITY AND Filner McCarthy (NY) Tauscher marks on H.R. 417, the bill just passed. Foley McDermott Taylor (MS) The SPEAKER pro tempore. Is there COOPERATION IN EUROPE Forbes McGovern Thompson (CA) objection to the request of the gen- The SPEAKER pro tempore (Mr. Ford McHugh Thompson (MS) Frank (MA) McIntyre Thune tleman from Texas? LAHOOD) laid before the House the fol- Franks (NJ) McKinney Thurman There was no objection. lowing resignation as a member of the September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8287

Commission on Security and Coopera- Mr. PORTER (at the request of Mr. and deferrals, pursuant to 2 U.S.C. 685(e); (H. tion in Europe: ARMEY) for September 13 and until 7 Doc. No. 106–122); to the Committee on Ap- propriations and ordered to be printed. CONGRESS OF THE UNITED STATES, p.m. today on account of a family HOUSE OF REPRESENTATIVES, emergency. 4123. A letter from the Director, Defense Procurement, Department of Defense, trans- Washington, DC, September 7, 1999. f Hon. J. DENNIS HASTERT, mitting the Department’s final rule—Defense Speaker of the House, SPECIAL ORDERS GRANTED Federal Acquisition Regulation Supplement; U.S. House of Representatives, Taxpayer Identification Numbers and Com- Washington, DC. By unanimous consent, permission to mercial and Government Entity Codes DEAR MR. SPEAKER: I hereby submit my address the House, following the legis- [DFARS Case 98–D027] received August 9, resignation, effective immediately, from the lative program and any special orders 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commission on Security and Cooperation in heretofore entered, was granted to: Committee on Armed Services. Europe. I very much appreciate the honor of (The following Members (at the re- 4124. A letter from the Acting Director, Of- serving on this important panel and look for- quest of Mr. HOYER) to revise and ex- fice of Standards, Regulations, and ward to supporting its vital work as a Mem- tend their remarks and include extra- Variances, Department of Labor, Mine Safe- ber of Congress. ty and Health Administration, transmitting Sincerely, neous material:) the Department’s final rule—Improving and EDWARD J. MARKEY, Mr. PALLONE, for 5 minutes, today. Eliminating Regulations; Calibration and Member of Congress. Ms. JACKSON-LEE of Texas, for 5 min- Maintenance Procedures for Coal Mine Res- The SPEAKER pro tempore. Without utes, today. pirable Dust Samplers (RIN: 1219–AA98) re- objection ,and pursuant to section 3 of Mr. RUSH, for 5 minutes, today. ceived August 24, 1999, pursuant to 5 U.S.C. Public Law 94–304 as amended by sec- (The following Members (at the re- 801(a)(1)(A); to the Committee on Education tion 1 of Public Law 99–7, the Chair an- quest of Mr. SESSIONS) to revise and ex- and the Workforce. nounces the Speaker’s appointment of tend their remarks and include extra- 4125. A letter from the Acting Director, Of- the following Members of the House to neous material:) fice of Standards, Regulations, and Variances, Department of Labor, Mine Safe- Mr. JONES of North Carolina, for 5 the Commission on Security and Co- ty and Health Administration, transmitting operation in Europe to fill the existing minutes, September 15. the Department’s final rule—Improving and vacancy thereon: Mr. HULSHOF, for 5 minutes, Sep- Eliminating Regulations; Lighting Equip- Mr. PITTS of Pennsylvania, and upon tember 16. ment, Coal Dust/Rock Dust Analyzers, and the recommendation of the minority f Methane Detectors (RIN: 1219–AA98) received leader Mr. FORBES of New York. August 24, 1999, pursuant to 5 U.S.C. There was no objection. BILL PRESENTED TO THE 801(a)(1)(A); to the Committee on Education f PRESIDENT and the Workforce. 4126. A letter from the Assistant General SPECIAL ORDERS Mr. THOMAS, from the Committee on House Administration, reported Counsel for Regulatory Law, Office of the Chief Information Officer, Department of En- The SPEAKER pro tempore (Mr. that that committee did on this day LAHOOD). Under the Speaker’s an- ergy, transmitting the Department’s final present to the President, for his ap- rule—Unclassified Cyber Security Program nounced policy of January 6, 1999, and proval, a bill of the House of the fol- under a previous order of the House, [DOE N 20 5.1] received August 9, 1999, pursu- lowing title: ant to 5 U.S.C. 801(a)(1)(A); to the Committee the following Members will be recog- H.R. 457. To amend title 5, United States on Commerce. nized for 5 minutes each. Code, to increase the amount of leave time 4127. A letter from the Assistant General f available to a Federal employee in any year Counsel for Regulatory Law, Office of Pro- The SPEAKER pro tempore. Under a in connection with servicing as an organ curement and Assistance Management, De- previous order of the House, the gen- donor, and for other purposes. partment of Energy, transmitting the De- tleman from New Jersey (Mr. PALLONE) f partment’s final rule—Use of Facility Contrator Employees for Services to DOE in is recognized for 5 minutes. ADJOURNMENT (Mr. PALLONE addressed the House. the Washington, DC Area [DOE N 350.5] re- Mr. SWEENEY. Mr. Speaker, I move ceived August 9, 1999, pursuant to 5 U.S.C. His remarks will appear hereafter in 801(a)(1)(A); to the Committee on Commerce. the Extensions of Remarks.) that the House do now adjourn. 4128. A letter from the Assistant General f The motion was agreed to; accord- ingly (at 11 o’clock and 52 minutes Counsel for Regulatory Law, Assistant Sec- The SPEAKER pro tempore. Under a p.m.), the House adjourned until to- retary for Environment, Safety and Health, previous order of the House, the gentle- Department of Energy, transmitting the De- morrow, Wednesday, September 15, woman from Texas (Ms. JACKSON-LEE partment’s final rule—External Dosimetry 1999, at 10 a.m. of Texas) is recognized for 5 minutes. Program Guide [DOE G 441.1–4] received Au- (Ms. JACKSON-LEE of Texas ad- f gust 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); dressed the House. Her remarks will to the Committee on Commerce. EXECUTIVE COMMUNICATIONS, 4129. A letter from the Assistant General appear hereafter in the Extensions of ETC. Remarks.) Counsel for Regulatory Law, Department of Energy, transmitting the Department’s final f Under clause 8 of rule XII, executive communications were taken from the rule—State Energy Program [Docket No. The SPEAKER pro tempore. Under a EE-RM–96–402] (RIN: 1904–AB01) received Au- Speaker’s table and referred as follows: previous order of the House, the gen- gust 24, 1999, pursuant to 5 U.S.C. tleman from Illinois (Mr. RUSH) is rec- 4120. A letter from the Administrator, Ag- 801(a)(1)(A); to the Committee on Commerce. ognized for 5 minutes. ricultural Marketing Service, Department of 4130. A letter from the Assistant General Agriculture, transmitting the Department’s (Mr. RUSH addressed the House. His Counsel for Regulatory Law, Department of final rule—Oranges and Grapefruit Grown in Energy, transmitting the Posting and Label- remarks will appear hereafter in the Lower Rio Grande Valley in Texas; Changes Extensions of Remarks.) ing for Radiological Control Guide; to the to Pack Requirements [Docket No. FV99–906– Committee on Commerce. f 3 IFR] received September 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 4131. A letter from the Assistant General LEAVE OF ABSENCE Agriculture. Counsel for Regulatory Law, Department of By unanimous consent, leave of ab- 4121. A letter from the Congressional Re- Energy, transmitting the Occupational Radi- ation Protection Record-Keeping and Re- sence was granted to: view Coordinator, Department of Agri- culture, Animal and Plant Health Inspection porting Guide; to the Committee on Com- Mr. FATTAH (at the request of Mr. merce. GEPHARDT) for before 3 p.m. today on Service, transmitting the Department’s final 4132. A letter from the Assistant General account of personal reasons. rule—Importation of Gypsy Moth Host Mate- rial From Canada [Docket No. 98–110–1] (RIN: Counsel for Regulatory Law, Department of Mr. HASTINGS of Florida (at the re- 0579–AB11) received August 24, 1999, pursuant Energy, transmitting Safety of Accelerator quest of Mr. GEPHARDT) for today on to 5 U.S.C. 801(a)(1)(A); to the Committee on Facilities; to the Committee on Commerce. account of official business. Agriculture. 4133. A letter from the Assistant General Mr. SHAW (at the request of Mr. 4122. A letter from the the Director, the Of- Counsel for Regulatory Law, Department of ARMEY) for today on account of official fice of Management and Budget, transmit- Energy, transmitting the Evaluation and business. ting the cumulative report on rescissions Control of Radiation Dose to the Embryo/ H8288 CONGRESSIONAL RECORD — HOUSE September 14, 1999 Fetus Guide; to the Committee on Com- City of Yonkers Fireworks, New York, Hud- [Docket No. 98–ANE–54–AD; Amendment 39– merce. son River [CGD01–99–154] (RIN: 2115–AA97) re- 11286; AD 99–18–20] (RIN: 2120–AA64) received 4134. A letter from the Assistant General ceived September 9, 1999, pursuant to 5 September 9, 1999, pursuant to 5 U.S.C. Counsel for Regulatory Law, Department of U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Energy, transmitting the Radiation-Gener- Transportation and Infrastructure. tation and Infrastructure. ating Devices Guide; to the Committee on 4145. A letter from the Program Analyst, 4154. A letter from the Program Analyst, Commerce. Office of the Chief Counsel, Department of Office of the Chief Counsel, FAA, Depart- 4135. A letter from the Assistant General Transportation, transmitting the Depart- ment of Transportation, transmitting the Counsel for Regulatory Law, Department of ment’s final rule—Normal Category Rotor- Department’s final rule—Airworthiness Di- Energy, transmitting the Work Authoriza- craft Maximum Weight and Passenger Seat rectives: General Electric Company CF6– tion System; to the Committee on Com- Limitation [Docket No. 29247; Amendment 80C2A Series Turbofan Engines, Installed on merce. No. 27–37] (RIN: 2120–AF33) received August Airbus Industrie A300–600 and A310 Series 4136. A letter from the Director, Office of 17, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to Airplanes [Docket N0. 99–NE–41–AD; Amend- Congressional Affairs, Nuclear Material the Committee on Transportation and Infra- ment 39–11285; AD 99–18–19] (RIN: 2120–AA64) Safety and Safeguards, Nuclear Regulatory structure. received September 9, 1999, pursuant to 5 Commission, transmitting the Commission’s 4146. A letter from the Chief, Office of Reg- U.S.C. 801(a)(1)(A); to the Committee on final rule—Certification Renewal and ulations and Administrative Law, USCG, De- Transportation and Infrastructure. Amendment Processes (RIN: 3150–AF85) re- partment of Transportation, transmitting 4155. A letter from the Program Analyst, ceived August 24, 1999, pursuant to 5 U.S.C. the Department’s final rule—Safety Zone: Office of the Chief Counsel, Department of 801(a)(1)(A); to the Committee on Commerce. Periphonics Corp. 30th Anniversary Fire- Transportation, transmitting the Depart- 4137. A letter from the Director, Office of works, New York Harbor, Upper Bay [CGD01– ment’s final rule—Airspace and Flight Oper- Congressional Affairs, Office of the Chief In- 99–152] (RIN: 2115–AA97) received September ations Requirements for the Kodak Albu- formation Officer, Nuclear Regulatory Com- 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to querque International Balloon Fiesta; Albu- mission, transmitting the Commission’s the Committee on Transportation and Infra- querque, NM [Docket No. 29279; SFAR No. 86] final rule—Electronic Availability of NRC structure. (RIN: 2120–AG79) received August 17, 1999, Public Records and Ending of NRC Local 4147. A letter from the Chief, Office of Reg- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Public Document Room Program (RIN: 3150– ulations and Administrative Law, USCG, De- mittee on Transportation and Infrastruc- AG07) received September 9, 1999, pursuant partment of Transportation, transmitting ture. to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Safety Zone; 4156. A letter from the Program Analyst, Commerce. Gulf of Alaska, Southeast of Narrow Cape, Office of the Chief Counsel, FAA, Depart- 4138. A letter from the Administrator, Kodiak Island, Alaska [COTP Western Alas- ment of Transportation, transmitting the Food Safety and Inspection Service, Depart- ka-99–012] (RIN: 2115–AA97) received Sep- Department’s final rule—Amendment to ment of Agriculture, transmitting the De- tember 9, 1999, pursuant to 5 U.S.C. Class E Airspace; Emmetsburg, IA [Airspace partment’s final rule—Electronic Freedom of 801(a)(1)(A); to the Committee on Transpor- Docket No. 99–ACE–39] received September 9, Information Act [Docket No. 99–034F] re- tation and Infrastructure. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived August 24, 1999, pursuant to 5 U.S.C. 4148. A letter from the Chief, Office of Reg- Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Govern- ulations and Administrative Law, USCG, De- structure. ment Reform. partment of Transportation, transmitting 4157. A letter from the Program Analyst, 4139. A letter from the Director, Office of the Department’s final rule—Safety Zone: Office of the Chief Counsel, FAA, Depart- Surface Mining, Department of the Interior, Fireworks, 100YR Anniversary For Architect ment of Transportation, transmitting the transmitting the Department’s final rule— Society, Boston Harbor, Boston, MA [CGD01– Department’s final rule—Name Change of Indiana Regulatory Program [SPATS No. 99–147] (RIN: 2115–AA97) received September Guam Island, Agnas NAS, GU Class D Air- IN–129–FOR; State Program Amendment No. 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to space Area [Airspace Docket No. 99–AWP–9] 98–2] received August 9, 1999, pursuant to 5 the Committee on Transportation and Infra- received September 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Re- structure. U.S.C. 801(a)(1)(A); to the Committee on sources. 4149. A letter from the Chief, Office of Reg- Transportation and Infrastructure. 4140. A letter from the Associate Chief ulations and Administrative Law, USCG, De- 4158. A letter from the Program Analyst, Counsel, Federal Highway Administration, partment of Transportation, transmitting Office of the Chief Counsel, FAA, Depart- Department of Transporation, transmitting the Department’s final rule—Drawbridge Op- ment of Transportation, transmitting the the Department’s final rule—Parts and Ac- eration Regulations: Mystic River, CT Department’s final rule—Amendment to cessories Necessary For Safe Operation; Rear [CGD01–99–159] received September 9, 1999, Class E Airspace; Herrington, KS [Airspace Impact Guards and Rear Impact Protection pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Docket No. 99–ACE–41] received September 9, [FHWA Docket No. FHWA–97–3201] (RIN: mittee on Transportation and Infrastruc- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2125–AE15) received August 30, 1999, pursuant ture. Committee on Transportation and Infra- to 5 U.S.C. 801(a)(1)(A); to the Committee on 4150. A letter from the Chief, Office of Reg- structure. Transportation and Infrastructure. ulations and Administrative, USCG, Depart- 4159. A letter from the Attorney Advisor, 4141. A letter from the Chief, Office of Reg- ment of Transportation, transmitting the Research and Special Programs Administra- ulations and Administrative Law, USCG, De- Department’s final rule—Drawbridge Oper- tion, Department of Transportation, trans- partment of Transportation, transmitting ation Regulations: Gowanus Canal, NY mitting the Department’s final rule—Haz- the Department’s final rule—Standard Meas- [CGD01–99–156] received September 9, 1999, ardous Materials: Chemical Oxidizers and urement System Exemption from Gross Ton- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Compressed Oxygen Aboard Aircraft [Docket nage [USGC–1999–5118] (RIN: 2115–AF76) re- mittee on Transportation and Infrastruc- No. HM–224A] (RIN: 2137–AC92) received Au- ceived August 27, 1999, pursuant to 5 U.S.C. ture. 801(a)(1)(A); to the Committee on Transpor- 4151. A letter from the Chief, Office of Reg- gust 17, 1999, pursuant to 5 U.S.C. tation and Infrastructure. ulations and Administrative Law, USCG, De- 801(a)(1)(A); to the Committee on Transpor- 4142. A letter from the Chief, Office of Reg- partment of Transportation, transmitting tation and Infrastructure. ulations and Administrative Law, USCG, De- the Department’s final rule—Safety Zone 4160. A letter from the Program Analyst, partment of Transportation, transmitting and Anchorage Regulations; Delaware Bay Office of the Chief Counsel, FAA, Depart- the Department’s final rule—Update of and River [CGD 05–99–080] (RIN: 2115–AA98) ment of Transportation, transmitting the Standards from the American Society for received September 9, 1999, pursuant to 5 Department’s final rule—Change Using Testing and Materials (ASTM) [USCG–1999– U.S.C. 801(a)(1)(A); to the Committee on Agency for Restricted Areas R–2510A and R– 5151] (RIN: 2115–AF80) received August 17, Transportation and Infrastructure. 2510B; El Centro, CA [Airspace Docket No. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4152. A letter from the Program Analyst, 99–AWP–18] (RIN: 2120–AA66) received Sep- Committee on Transportation and Infra- Office of the Chief Counsel, FAA, Depart- tember 9, 1999, pursuant to 5 U.S.C. structure. ment of Transportation, transmitting the 801(a)(1)(A); to the Committee on Transpor- 4143. A letter from the Chief, Office of Reg- Department’s final rule—Airworthiness Di- tation and Infrastructure. ulations and Administrative Law, USCG, De- rectives; McDonnell Douglas Model MD–90–30 f partment of Transportation, transmitting Series Airplanes [Docket No. 98–NM–69–AD; the Department’s final rule—Drawbridge Op- Amendment 39–11289; AD 99–18–23] (RIN: 2120– REPORTS OF COMMITTEES ON erating Regulation; Chevron Oil Company AA64) received September 9, 1999, pursuant PUBLIC BILLS AND RESOLUTIONS Canal, LA [CGD08–99–055] (RIN: 2115–AE47) to 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XIII, reports of received September 9, 1999, pursuant to 5 Transportation and Infrastructure. committees were delivered to the Clerk U.S.C. 801(a)(1)(A); to the Committee on 4153. A letter from the Program Analyst, Transportation and Infrastructure. Office of the Chief Counsel, FAA, Depart- for printing and reference to the proper 4144. A letter from the Chief, Office of Reg- ment of Transportation, transmitting the calendar, as follows: ulations and Administrative Law, USCG, De- Department’s final rule—Airworthiness Di- Mr. GILMAN: Committee on International partment of Transportation, transmitting rectives; General Electric Company CF6–50, Relations. H.R. 1883. A bill to provide for the the Department’s final rule—Safety Zone: -80A1/A3, and -80C2A Series Turbofan Engines application of measures to foreign persons September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8289 who transfer to Iran certain goods, services, PUBLIC BILLS AND RESOLUTIONS Means, for a period to be subsequently deter- or technology, and for other purposes; with mined by the Speaker, in each case for con- an amendment (Rept. 106–315, Pt. 1). Referred Under clause 2 of rule XII, public sideration of such provisions as fall within to the Committee of the Whole House on the bills and resolutions were introduced the jurisdiction of the committee concerned. State of the Union. and severally referred, as follows: By Mr. GREEN of Wisconsin: Mrs. MYRICK: Committee on Rules. House By Mr. BILBRAY: H.R. 2860. A bill to authorize the Secretary Resolution 288. Resolution waiving points of H.R. 2849. A bill to authorize appropria- of Housing and Urban Development to carry order against the conference report to ac- tions to reimburse States for costs of edu- out a pilot program to provide homeowner- company the bill (S. 1059) to authorize appro- cating certain illegal alien students; to the ship assistance to disabled families; to the priations for fiscal year 2000 for military ac- Committee on Education and the Workforce. Committee on Banking and Financial Serv- tivities of the Department of Defense, for By Mr. BARRETT of Nebraska (for ices. military construction, and for defense activi- himself and Mr. MCKEON): By Mr. GREEN of Wisconsin: ties of the Department of Energy, to pre- H.R. 2850. A bill to amend the Older Ameri- H.R. 2861. A bill to require the Secretary of scribe personnel strengths for such fiscal cans Act of 1965 to authorize appropriations the Interior to conduct a study on and de- year for the Armed Forces, and for other for fiscal years 2000, 2001, 2002, 2003, and 2004, velop recommendations to increase the safe- purposes (Rept. 106–316). Referred to the and for other purposes; to the Committee on ty of visitors to units of the National Park House Calendar. Education and the Workforce. System; to the Committee on Resources. Mr. HASTINGS of Washington: Committee By Mr. ANDREWS: By Mr. HANSEN: on Rules. House Resolution 289. Resolution H.R. 2851. A bill to direct the United States H.R. 2862. A bill to direct the Secretary of providing for consideration of the bill (H.R. Executive Directors at the International the Interior to release reversionary interests 1655) to authorize appropriations for fiscal Bank for Reconstruction and Development held by the United States in certain parcels years 2000 and 2001 for the civilian energy and the International Monetary Fund to en- of land in Washington County, Utah, to fa- and scientific research, development, and courage their respective institutions to re- cilitate an anticipated land exchange; to the demonstration and related commercial appli- quire countries receiving assistance from Committee on Resources. cation of energy technology programs, such institutions to use the portion of the By Mr. HANSEN: projects, and activities of the Department of assistance attributable to United States con- H.R. 2863. A bill to clarify the legal effect Energy, and for other purposes. (Rept. 106– tributions to obtain goods and services pro- on the United States of the acquisition of a 317). Referred to the House Calendar. duced in the United States; to the Com- parcel of land in the Red Cliffs Desert Re- Mr. HASTINGS of Washington: Committee mittee on Banking and Financial Services. serve in the State of Utah; to the Committee on Rules. House Resolution 290. Resolution By Mr. ANDREWS: on Resources. providing for consideration of the bill (H.R. H.R. 2852. A bill to amend title XIX of the By Mr. LUTHER (for himself, Ms. 1551) to authorize the Federal Aviation Ad- Social Security Act to require the prorating PELOSI, Mrs. MALONEY of New York, ministration’s civil aviation research and de- of Medicaid beneficiary contributions in the Mr. MINGE, Mr. SABO, Ms. BALDWIN, velopment programs for fiscal years 2000 and case of partial coverage of nursing facility Mrs. MCCARTHY of New York, Mr. 2001, and for other purposes (Rept. 106–318). services during a month; to the Committee MCDERMOTT, Mr. GEORGE MILLER of Referred to the House Calendar. on Commerce. California, Mr. VENTO, Mr. LEWIS of Mr. KOLBE: Committee of Conference. By Mr. ANDREWS: Georgia, Mr. BARRETT of Wisconsin, Conference report on H.R. 2490. A bill mak- H.R. 2853. A bill to amend title 28, United Mr. KLECZKA, Ms. ESHOO, Mr. DOOLEY ing appropriations for the Treasury Depart- States Code, to provide for individuals serv- of California, Mr. RUSH, Mr. FRANK of ment, the United States Postal Service, the ing as Federal jurors to continue to receive Massachusetts, Mr. OWENS, Mr. Executive Office of the President, and cer- their normal average wage or salary during TIERNEY, Ms. SCHAKOWSKY, Mrs. tain Independent Agencies, for the fiscal such service; to the Committee on the Judi- CHRISTENSEN, Mr. STARK, Ms. JACK- year ending September 30, 2000, and for other ciary. SON-LEE of Texas, and Ms. LEE): purposes (Rept. 106–319). Ordered to be print- By Mr. ANDREWS: H.R. 2864. A bill to amend the National ed. H.R. 2854. A bill to amend the Immigration Voter Registration Act of 1993 to require Mr. HYDE: Committee on the Judiciary. and Nationality Act to provide for the ad- States to permit individuals to register to H.R. 1875. A bill to amend title 28, United mission to the United States for permanent vote in an election for Federal office on the States Code, to allow the application of the residence without numerical limitation of date of the election; to the Committee on principles of Federal diversity jurisdiction to spouses of permanent resident aliens; to the House Administration. interstate class actions; with an amendment Committee on the Judiciary. By Ms. NORTON: (Rept. 106–320). Referred to the Committee of By Mr. ANDREWS: H.R. 2865. A bill to amend the Elementary the Whole House on the State of the Union. H.R. 2855. A bill to amend the Social Secu- and Secondary Education Act of 1965 to en- Mr. HYDE: Committee on the Judiciary. rity Act to require that anticipated child courage the implementation or expansion of H.R. 1788. A bill to deny Federal public bene- support be held in trust on the sale or refi- pre-kindergarten programs to include stu- fits to individuals who participated in Nazi nancing of certain real property of an obli- dents 4 years of age or younger; to the Com- persecution (Rept. 106–321 Pt. 1). Ordered to gated parent; to the Committee on Ways and mittee on Education and the Workforce. be printed. Means. By Mr. SMITH of Michigan: Mr. SESSIONS: Committee on Rules. By Mr. CANNON: H.R. 2866. A bill to amend the Federal Elec- House Resolution 291. Resolution waiving H.R. 2856. A bill to amend the Fair Credit tion Campaign Act of 1971 to reduce the in- points of order against the conference report Reporting Act to require the disclosure of all fluence of political action committees in to accompany the bill (H.R. 2490) making ap- information in a consumer’s file, including elections for Federal office, and for other propriations for the Treasury Department, credit scores, risk scores, and any other pre- purposes; to the Committee on House Admin- the United States Postal Service, the Execu- dictors; to the Committee on Banking and istration, and in addition to the Committee tive Office of the President, and certain Financial Services. on Education and the Workforce, for a period Independent Agencies, for the fiscal year By Mr. DOOLITTLE (for himself, Mr. to be subsequently determined by the Speak- ending September 30, 2000, and for other pur- HERGER, Mr. POMBO, and Mr. RADANO- er, in each case for consideration of such pro- poses (Rept. 106–322). Referred to the House VICH): visions as fall within the jurisdiction of the Calendar. H.R. 2857. A bill to amend the Wild and committee concerned. Scenic Rivers Act to ensure congressional in- By Mr. TOOMEY: DISCHARGE OF COMMITTEE volvement in the process by which rivers H.R. 2867. A bill to amend title XVIII of the Pursuant to clause 5 of rule X, the that are designated as wild, scenic, or rec- Social Security Act to facilitate the use of Committee on Science discharged. H.R. reational rivers by an act of the legislature private contracts under the Medicare Pro- 1883 referred to the Committee of the of the State or States through which they gram; to the Committee on Ways and Means, Whole House on the State of the Union. flow may be included in the national wild and in addition to the Committee on Com- f and scenic rivers system, and for other pur- merce, for a period to be subsequently deter- poses; to the Committee on Resources. mined by the Speaker, in each case for con- TIME LIMITATION OF REFERRED By Mr. EWING: sideration of such provisions as fall within BILL H.R. 2858. A bill to authorize the award of the jurisdiction of the committee concerned. By Mr. BEREUTER (for himself, Mr. Pursuant to clause 5 of rule X the fol- the Medal of Honor to Andrew J. SMITH for acts of valor during the Civil War; to the GILMAN, Mr. LANTOS, Mr. GEJDENSON, lowing action was taken by the Speak- Committee on Armed Services. Mr. HASTINGS of Florida, Mr. er: By Mr. FRANK of Massachusetts (for CAPUANO, Mr. GOSS, Mr. H.R. 1788. Referral to the Committee on himself, Mrs. LOWEY, and Mr. NAD- FALEOMAVAEGA, Mr. GREENWOOD, Ms. Government Reform extended for a period LER): DELAURO, Mr. CROWLEY, Mr. POMBO, ending not later than October 1, 1999. H.R. 2859. A bill to provide benefits to do- Mr. UNDERWOOD, Mr. MORAN of Vir- H.R. 1883. Referral to the Committee on mestic partners of Federal employees; to the ginia, Mr. BILBRAY, Mr. HALL of Ohio, Science extended for a period ending not Committee on Government Reform, and in Mr. ACKERMAN, Mr. SMITH of New later than September 14, 1999. addition to the Committee on Ways and Jersey, and Mr. BROWN of Ohio): H8290 CONGRESSIONAL RECORD — HOUSE September 14, 1999

H. Res. 292. A resolution expressing the H.R. 1102: Mr. SAM JOHNSON of Texas, Mr. of Texas, Mrs. CAPPS, Ms. MILLENDER- sense of the House of Representatives regard- WISE, and Ms. SCHAKOWSKY. MCDONALD, Mr. BRADY of Pennsylvania, Mr. ing the referendum in East Timor, calling on H.R. 1103: Mr. PICKETT. GEJDENSON, Mrs. MEEK of Florida, and Mr. the Government of Indonesia to assist in the H.R. 1111: Mr. COSTELLO and Mr. MOORE. TOWNS. termination of the current civil unrest and H.R. 1117: Mr. PICKERING. H.R. 2319: Mr. GALLEGLY and Mr. LAHOOD. violence in East Timor, and supporting a H.R. 1133: Mr. OWENS. H.R. 2320: Mr. FLETCHER. United Nations Security Council-endorsed H.R. 1180: Mr. LATOURETTE and Mr. H.R. 2350: Mr. BARR of Georgia. multinational force for East Timor; to the ENGLISH. H.R. 2373: Mr. PAUL. Committee on International Relations. H.R. 1194: Mr. ENGLISH. H.R. 2380: Mr. BLAGOJEVICH. By Mr. CLYBURN (for himself, Mr. H.R. 1195: Mr. SANDLIN. H.R. 2395: Mr. WALDEN of Oregon. BISHOP, Ms. BROWN of Florida, Ms. H.R. 1196: Mrs. NAPOLITANO. H.R. 2418: Mr. CALLAHAN, Mrs. KELLY, Mr. CARSON, Mrs. CHRISTENSEN, Mr. CLAY, H.R. 1221: Mr. SCARBOROUGH. GILMAN, Mr. DEMINT, and Mrs. NORTHUP. Mrs. CLAYTON, Mr. CONYERS, Mr. H.R. 1229: Mr. WATT of North Carolina. H.R. 2423: Mr. MANZULLO and Mrs. EMER- CUMMINGS, Mr. DAVIS of Illinois, Mr. H.R. 1260: Mr. FILNER. SON. DIXON, Mr. FATTAH, Mr. FORD, Mr. H.R. 1272: Mr. GREEN of Wisconsin. H.R. 2436: Mr. HOSTETTLER, Mr. BRADY of HASTINGS of Florida, Mr. HILLIARD, H.R. 1288: Mr. SANDLIN and Ms. LEE. Texas, Mr. SKELTON, and Mr. SCHAFFER. Mr. JACKSON of Illinois, Ms. JACKSON- H.R. 1304: Mr. CUMMINGS, Mr. RYUN of Kan- H.R. 2444: Mr. KOLBE. LEE of Texas, Mr. JEFFERSON, Ms. sas, Mr. UDALL of New Mexico, Mr. VITTER, H.R. 2446: Mr. GUTIERREZ, Mr. ENGEL, Mrs. EDDIE BERNICE JOHNSON of Texas, Ms. Mr. GORDON, and Mr. PICKETT. LOWEY, and Mr. PHELPS. KILPATRICK, Ms. LEE, Mr. LEWIS of H.R. 1322: Mr. HORN. H.R. 2525: Mr. HALL of Texas and Mr. Georgia, Ms. MCKINNEY, Mrs. MEEK of H.R. 1324: Mr. STRICKLAND, Mr. HASTINGS of BONILLA. Florida, Mr. MEEKS of New York, Ms. Florida, Mrs. MEEK of Florida, Ms. SLAUGH- H.R. 2539: Ms. MILLENDER-MCDONALD. MILLENDER-MCDONALD, Ms. NORTON, TER, Mr. MCGOVERN, Mr. MARTINEZ, Mr. KEN- H.R. 2592: Mr. OXLEY. Mr. OWENS, Mr. PAYNE, Mr. RANGEL, NEDY of Rhode Island, and Mr. PAYNE. H.R. 2628: Mr. ISTOOK. Mr. RUSH, Mr. SCOTT, Mr. THOMPSON H.R. 1325: Mr. MCGOVERN. H.R. 2640: Mr. MCHUGH and Mr. HOEKSTRA. of Mississippi, Mr. TOWNS, Mrs. JONES H.R. 1351: Mr. PAUL. H.R. 2675: Mr. DOOLEY of California. of Ohio, Ms. WATERS, Mr. WATT of H.R. 1367: Mr. KING. H.R. 2707: Mr. TIERNEY, Mr. GEORGE MILLER XLEY North Carolina, and Mr. WYNN): H.R. 1385: Mr. O . of California, and Mr. KILDEE. H.R. 1399: Mr. BLUMENAUER, Ms. ESHOO, and H. Res. 293. A resolution expressing the H.R. 2749: Mr. STEARNS, Mr. SAM JOHNSON Mr. DAVIS of Florida. sense of the House of Representatives in sup- of Texas, and Mr. HASTINGS of Florida. H.R. 1446: Mr. HOSTETTLER. port of ‘‘National Historically Black Col- H.R. 2765: Mr. BROWN of Florida, H.R. 1525: Mr. HILLIARD, Ms. LEE, Mr. leges and Universities Week‘‘; to the Com- H.R. 2822: Mr. DAVIS of Florida and Mr. SHOWS, and Mr. ACKERMAN., mittee on Government Reform. PASCRELL. H.R. 1531: Mr. WISE, Mr. SANDERS, and Mr. f H.R. 2824: Mr. BALDACCI and Mr. BURTON of SANDLIN. Indiana. H.R. 1577: Mr. DICKEY, Mr. HERGER, Mr. H.J. Res. 45: Mr. PACKARD. ADDITIONAL SPONSORS MICA, and Mr. SANFORD. H.J. Res. 48: Mrs. CHENOWETH. H.R. 1598: Mr. ISAKSON and Mr. DIAZ- Under clause 7 of rule XII, sponsors H. Con. Res. 79: Mr. GRAHAM and Mr. BAR- BALART. were added to public bills and resolu- CIA. H.R. 1622: Mr. STEARNS, Mr. LANTOS, Mr. tions as follows: H. Con. Res. 89: Mr. GUTKNECHT, Mr. MCCOLLUM, Mr. OLVER, Mr. BOUCHER, and RAMSTAD, and Mr. VENTO. H.R. 5: Mr. HOBSON, Mr. MCINTYRE, Mr. Mr. KUCINICH. H. Con. Res. 162: Ms. KILPATRICK, Mr. VITTER, Mr. RYUN of Kansas, and Mr. KEN- H.R. 1644: Mr. BARRETT of Nebraska LAZIO, Mr. REYES, and Mr. SMITH of New Jer- NEDY of Rhode Island. H.R. 1650: Mr. PETRI and Ms. KAPTUR. sey. H.R. 38: Mr. CALVERT. H.R. 1660: Mr. TRAFICANT, Ms. EDDIE BER- H. Res. 41: Mr. MCDERMOTT, Mr. SANDERS, H.R. 73: Mr. BALLENGER. NICE JOHNSON of Texas, and Mr. MOORE. and Mr. STARK. H.R. 141: Mr. BARCIA. H.R. 1706: Mr. DOOLITTLE. H. Res. 82: Mr. BROWN of Ohio. H.R. 142: Mr. TOOMEY. H.R. 1772: Mr. LAHOOD and Mrs. H. Res. 169: Mr. METCALF. H.R. 338: Mr. PAUL. CHRISTENSEN. H. Res. 187: Mr. CROWLEY and Mr. WEXLER. H.R. 354: Mr. SCHAFFER. H.R. 1785: Mr. PRICE of North Carolina and H. Res. 228: Mr. ROTHMAN. H.R. 415: Mrs. CHRISTENSEN. Mr. DICKS. H. Res. 239: Mr. LUCAS of Kentucky. H.R. 483: Ms. DELAURO. H.R. 1838: Mr. MALONEY of Connecticut, Ms. H. Res. 270: Mr. LUTHER. H.R. 494: Mr. CONDIT. DUNN, Mr. MARTINEZ, Mr. ROGAN, Ms. PRYCE H. Res. 285: Mr. FARR of California. H.R. 507: Mr. HALL of Ohio, Mrs. MORELLA, of Ohio, Mr. BACHUS, Mr. ARMEY, Mr. WYNN, and Mr. PICKETT. Mr. FRANKS of New Jersey, Mr. NEY, Mr. f H.R. 534: Mr. SKEEN, Mr. MCCOLLUM, Mr. DOOLITTLE, Mr. DEMINT, Mr. FROST, Mr. STUMP, Mr. COMBEST, Mr. GANSKE, Mr. PAYNE, Mr. TANCREDO, and Mr. CHABOT. AMENDMENTS SUNUNU, Mr. BLUNT, Mr. WALSH, Mr. LEACH, H.R. 1885: Mr. MARTINEZ. Under clause 8 of rule XVIII, pro- Mr. NEY, Mr. SWEENEY, Mr. MCCRERY, and H.R. 1887: Mr. WYNN, Mrs. LOWEY, Ms. posed amendments were submitted as Mr. EDWARDS. DELAURO, and Mr. CRAMER. follows: H.R. 566: Mr. STARK. H.R. 1896: Mrs. MINK of Hawaii. H.R. 637: Mr. SMITH of New Jersey. H.R. 1899: Mr. BARRETT of Wisconsin, Mr. H.R. 1551 H.R. 655: Mrs. LOWEY. UDALL of Colorado, Mrs. MORELLA, Mr. BOEH- OFFERED BY: MR. ANDREWS H.R. 664: Mr. CONYERS. LERT, and Mrs. MEEK of Florida. AMENDMENT NO. 1: Page 3, line 2, insert ‘‘, H.R. 721: Mr. HEFLEY and Mr. LAHOOD. H.R. 1933: Mr. DEMINT. of which $1,000,000 shall be for the develop- H.R. 725: Mr. MARTINEZ. H.R. 1976: Mr. SHAYS and Mr. CALVERT. ment, in coordination with the National Im- H.R. 743: Mr. BONILLA. H.R. 1990: Mr. GREEN of Wisconsin and Mr. agery and Mapping Agency, of a domestic H.R. 765: Mr. WAMP, Mr. SPENCE, Mr. SKELTON. and international airfield obstruction data HEFLEY, and Mr. WOLF. H.R. 1991: Mr. COMBEST. base’’ after ‘‘projects and activities’’. H.R. 809: Mr. MCNULTY and Mr. TERRY. H.R. 1999: Mrs. LOWEY. Page 3, line 14, insert ‘‘, of which $9,000,000 H.R. 810: Mr. BROWN of Ohio. H.R. 2000: Mr. YOUNG of Florida, Mr. shall be for the development, in coordination H.R. 815: Mr. HUTCHINSON and Mr. DEAL of COSTELLO, Mr. BOYD, Mr. CLAY, Mr. WEINER, with the National Imagery and Mapping Georgia. Mr. BAIRD, Mr HAYES, Mr. GIBBONS, Mr. CAL- Agency, of a domestic and international air- H.R. 826: Mr. UNDERWOOD and Ms. CARSON. VERT, Mrs. FOWLER, Mr. ENGEL, Mr. TURNER, field obstruction data base’’ after ‘‘projects H.R. 828: Mr. MCGOVERN.. Mr. KILDEE, Mr. MCCOLLUM, Mr. MCGOVERN, and activities’’. H.R. 836: Mr. LUCAS of Kentucky. Mr. COYNE, Mr. GORDON, Mr. HOSTETTLER, H.R. 895: Mr. HINOJOSA. and Mr. GALLEGLY. H.R. 1551 H.R. 925: Mr. OLVER, Ms. CARSON, and Mr. H.R. 2002: Mr. HOYER. OFFERED BY: MR. ANDREWS GONZALEZ. H.R. 2005: Mr. GEKAS. AMENDMENT NO. 2: Page 3, line 4, insert ‘‘, H.R. 960: Mr. KLINK. H.R. 2162: Mr. BARCIA. of which $1,000,000 shall be for implementing H.R. 976: Mr. KING and Mrs. CHRISTENSEN. H.R. 2233: Mr. BISHOP and Mr. RUSH. biometric technology security, including Iris H.R. 977: Mr. KIND. H.R. 2235: Mr. FROST, Mr. SKELTON, and Mr. Recognition Technology’’ after ‘‘projects and H.R. 1006: Ms. PELOSI. CLYBURN. activities’’. H.R. 1020: Mr. LANTOS, Mr. FORD, Mr. GOR- H.R. 2247: Mr. HERGER, Mr. BATEMAN, and H.R. 1551 DON, Mr. KLINK, and Mrs. KELLY. Mr. LEWIS of California. H.R. 1046: Mr. BENTSEN and Mr. GREEN of H.R. 2316: Mrs. MYRICK, Mr. BALDACCI, Ms. OFFERED BY: MR. ANDREWS Texas. ROYBAL-ALLARD, Ms. SLAUGHTER, Mrs. AMENDMENT NO. 3: Page 8, after line 16, in- H.R. 1077: Mr. SANDERS and Mr. METCALF. CHRISTENSEN, Ms. PELOSI, Ms. JACKSON-LEE sert the following new section: September 14, 1999 CONGRESSIONAL RECORD — HOUSE H8291

SEC. 9. REPORT TO CONGRESS. fiscal year for biometric technology secu- (2) CONSTRUCTION COSTS.—None of the funds Not later than 180 days after the date of rity, including Iris Recognition Technology. made available to carry out this section may the enactment of this Act, the Federal Avia- H.R. 1655 be used for the construction of a new build- tion Administration shall transmit to the ing or the acquisition, expansion, remod- OFFERED BY: MS. BERKLEY Congress a report describing the results of a eling, or alteration of an existing building study of the appropriateness of requiring AMENDMENT NO. 2: Page 36, after line 9, in- (including site grading and improvement and that airports receiving Airport Improvement sert the following new section: architect fees). Program grants provide funding for a portion SEC. 18. NUCLEAR WASTE TRANSMUTATION RE- (e) DEFINITIONS.—For purposes of this sec- of the projects for which the grants are SEARCH AND DEVELOPMENT PRO- tion: made, with particular attention given to the GRAM. (1) CONTRACT.—The term ‘‘contract’’ means burden that such requirements have on (a) IN GENERAL.—Not later than 180 days a procurement contract within the meaning smaller airports. after the date of enactment of this Act, the of section 6303 of title 31, United States Code. Secretary shall commence a program of re- H.R. 1551 (2) COOPERATIVE AGREEMENT.—The term search and development on the technology ‘‘cooperative agreement’’ means a coopera- OFFERED BY: MR. SENSENBRENNER necessary to achieve onsite transmutation of tive agreement within the meaning of sec- AMENDMENT NO. 4: Page 2, line 4, through nuclear waste into nonradioactive sub- tion 6305 of title 31, United States Code. page 3, line 25, amend section 2 to read as fol- stances. (3) GRANT.—The term ‘‘grant’’ means a lows: (b) GRANTS, CONTRACTS, COOPERATIVE grant awarded under a grant agreement, SEC. 2. AUTHORIZATION OF APPROPRIATIONS. AGREEMENTS, INTERAGENCY FUNDS TRANSFER within the meaning of section 6304 of title 31, Section 48102(a) of title 49, United States AGREEMENTS, AND FIELD WORK PROPOSALS.— United States Code. Code, is amended— (1) ASSISTANCE.—The Secretary may award (4) INSTITUTION OF HIGHER EDUCATION.—The (1) by striking ‘‘and’’ at the end of para- grants or contracts to, or enter into coopera- term ‘‘institution of higher education’’ graph (4)(J); tive agreements with, institutions of higher means an institution of higher education, (2) by striking the period at the end of education and industrial enterprises to con- within the meaning of section 1201(a) of the paragraph (5) and inserting in lieu thereof a duct a research, development, and dem- Higher Education Act of 1965 (20 U.S.C. semicolon; and onstration program on the technology nec- 1141(a)). (3) by adding at the end the following: essary to achieve onsite transmutation of (f) AUTHORIZATION OF APPROPRIATIONS.—Of ‘‘(6) for fiscal year 2000, $208,416,100 nuclear waste into nonradioactive sub- the amounts authorized under section including— stances in a manner consistent with United 3(a)(2)(G), $2,000,000 for fiscal year 2000 and ‘‘(A) $17,269,000 for system development and States environmental and nonproliferation $4,000,000 for fiscal year 2001 shall be avail- infrastructure projects and activities; policy. The Secretary shall not support a able for carrying out this section. technology under this section that involves ‘‘(B) $33,042,500 for capacity and air traffic H.R. 1655 management technology projects and activi- the isolation of plutonium or uranium. OFFERED BY: MR. SENSENBRENNER ties; (2) PEER REVIEW.—Funds made available ‘‘(C) $11,265,400 for communications, navi- under paragraph (1) for initiating contracts, AMENDMENT NO. 3: Page 27, lines 9 through gation, and surveillance projects and activi- grants, cooperative agreements, interagency 19, amend paragraph (3) to read as follows: ties; funds transfer agreements, and field work (3) the Comptroller General reports to the ‘‘(D) $15,765,000 for weather projects and ac- proposals shall be made available based on a Congress, on the basis of available informa- tivities; competitive selection process and a peer re- tion, that the tax reimbursements that the ‘‘(E) $6,358,200 for airport technology view of proposals. Exceptions shall be consid- Comptroller General estimates the Depart- projects and activities; ered on a case-by-case basis, and reported by ment would pay to its contractors as a cost ‘‘(F) $39,639,000 for aircraft safety tech- the Secretary to the Committee on Science of constructing the Spallation Neutron nology projects and activities; of the House of Representatives and the Source at Oak Ridge National Laboratory in ‘‘(G) $53,218,000 for system security tech- Committee on Energy and Natural Resources Tennessee would be no more than the tax re- nology projects and activities; of the Senate 30 days prior to any such imbursements it would pay if the same ‘‘(H) $26,207,000 for human factors and avia- award. project were constructed at the Lawrence tion medicine projects and activities; (c) CONSULTATION.—The Secretary may es- Berkeley National Laboratory in California, ‘‘(I) $3,481,000 for environment and energy tablish an advisory panel consisting of ex- the Argonne National Laboratory in Illinois, projects and activities; and perts from industry, institutions of higher the Los Alamos National Laboratory in New ‘‘(J) $2,171,000 for innovative/cooperative education, and other entities as the Sec- Mexico, or the Brookhaven National Labora- research projects and activities, of which retary considers appropriate, to assist in de- tory in New York. $750,000 shall be for carrying out subsection veloping recommendations and priorities for Page 36, line 5, insert ‘‘the Lawrence Liver- (h) of this section; and the research, development, and demonstra- more National Laboratory, the Los Alamos ‘‘(7) for fiscal year 2001, $222,950,000.’’. tion program carried out under subsection National Laboratory,’’ after ‘‘Accelerator (a). Laboratory,’’. H.R. 1655 (d) LIMITATIONS.— Page 36, lines 8 and 9, strike ‘‘Stanford Lin- OFFERED BY: MR. ANDREWS (1) ADMINISTRATIVE EXPENSES.—Not more ear Accelerator Center, or the Thomas Jef- AMENDMENT NO. 1: Page 17, after line 10, in- than 5 percent of the amount made available ferson National Accelerator Facility’’ and sert the following new subsection: to carry out this section for a fiscal year insert ‘‘Sandia National Laboratories, the (e) ADDITIONAL AUTHORIZATION.—The Sec- may be used by the Secretary for expenses Stanford Linear Accelerator Center, the retary shall designate $2,000,000 of the associated with the administration of the Thomas Jefferson National Accelerator Fa- amounts authorized by this section for each program carried out under subsection (a). cility, or the Y–12 Plant’’.