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

Vol. 147 WASHINGTON, WEDNESDAY, MARCH 21, 2001 No. 38 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING I thank my colleagues for their at- called to order by the Honorable PRESIDENT PRO TEMPORE tention. GEORGE ALLEN, a Senator from the The PRESIDING OFFICER. The Mr. REID. Will the Senator yield for State of Virginia. clerk will please read a communication a question? to the Senate from the President pro Mr. JEFFORDS. I am happy to yield. PRAYER tempore (Mr. THURMOND). Mr. REID. Mr. President, through my friend from Vermont, I ask the Chair, The Chaplain, Dr. Lloyd John The legislative clerk read the fol- lowing letter: if all time is used on the Torricelli Ogilvie, offered the following prayer: amendment—he spoke for a short time Gracious Lord, You have told us that U.S. SENATE, PRESIDENT PRO TEMPORE, last night—what time would the vote if we, as branches, are connected to Washington, DC, March 21, 2001. occur? You, the Vine of virtue, our lives will To the Senate: The ACTING PRESIDENT pro tem- emulate Your character. We dedicate Under the provisions of rule I, paragraph 3, pore. Approximately 12:20 p.m. this day to live as branches for the flow of the Standing Rules of the Senate, I hereby Mr. REID. I thank the Chair. appoint the Honorable GEORGE ALLEN, a Sen- of Your spirit. We admit that apart f from You, we can accomplish nothing ator from the State of Virginia, to perform of lasting significance. We ask that the the duties of the Chair. BIPARTISAN CAMPAIGN REFORM Senators and all of us who work with STROM THURMOND, ACT OF 2001 President pro tempore. them may be distinguished for the fruit The ACTING PRESIDENT pro tem- of Your spirit, a cluster of divinely in- Mr. ALLEN thereupon assumed the chair as Acting President pro tempore. pore. Under the previous order, the spired, imputed, and induced traits of Senate will now resume consideration Your nature reproduced in us. f of S. 27, which the clerk will report. Your love encourages us and gives us RESERVATION OF LEADER TIME The legislative clerk read as follows: security; Your joy uplifts us and gives The ACTING PRESIDENT pro tem- A bill (S. 27) to amend the Federal Election us exuberance; Your peace floods our Campaign Act of 1971 to provide bipartisan hearts with serenity; Your patience pore. Under the previous order, the campaign reform. leadership time is reserved. calms our agitation over difficult peo- Pending: ple and pressured schedules; Your kind- f Torricelli amendment No. 122, to amend ness enables us to deal with our own RECOGNITION OF THE ACTING the Communications Act of 1934 to require and other people’s shortcomings; Your MAJORITY LEADER television broadcast stations, and providers goodness challenges us to make a re- of cable or satellite television service, to newed commitment to absolute integ- The ACTING PRESIDENT pro tem- provide lowest unit rate to committees of po- rity; Your faithfulness produces trust- pore. The Senator from Vermont is rec- litical parties purchasing time on behalf of worthiness that makes us dependable; ognized. candidates. Your gentleness reveals the might of f AMENDMENT NO. 122 true meekness that humbly draws on The ACTING PRESIDENT pro tem- SCHEDULE Your power; Your Lordship gives us pore. Under the previous order, the self-control because we have accepted Mr. JEFFORDS. Mr. President, today Senate will now resume consideration Your control of our lives. You are the the Senate will immediately resume of the Torricelli amendment No. 122. mighty God of Abraham, Isaac, Jacob, consideration of the campaign finance The Senator from New Jersey. and Jesus Christ. Amen. reform legislation. Debate will con- Mr. TORRICELLI. Mr. President, the tinue on Senator TORRICELLI’s amend- Senate now turns its attention to what f ment regarding broadcasting. If all de- is the other half of the campaign fi- bate time is used, a vote may be ex- nance problem. It is, after all, not sim- pected around 12 noon. However, some ply what is raised but why money is PLEDGE OF ALLEGIANCE time may be yielded back, and there- raised and where it is going. The Honorable GEORGE ALLEN led the fore the vote could occur earlier. This Senate, for 5 years, has had to Pledge of Allegiance, as follows: Progress is being made on the bill, and overcome four filibusters to get us to I pledge allegiance to the Flag of the further amendments will be offered this moment in considering campaign United States of America, and to the Repub- throughout the day. As a reminder, finance reform. We have voted on 113 lic for which it stands, one nation under God, votes will occur throughout the day ap- occasions to reform the campaign fi- indivisible, with liberty and justice for all. proximately every 3 hours. nance laws. We have considered 300

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

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VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.000 pfrm03 PsN: S21PT1 S2604 CONGRESSIONAL RECORD — SENATE March 21, 2001 pieces of legislation, heard 3,000 Today’s political campaigns function as Now, by law, Members of the Senate speeches, and filled 6,000 pages of the collection agencies for broadcasters. You undoubtedly think this was addressed CONGRESSIONAL RECORD. But none of simply transfer money from contributors to years ago, and they would be right in this will mean anything, this legisla- television stations. having that belief. Nothing I am now tion will accomplish no more than During the 2000 elections, the broad- reviewing should be allowed by law. leading to a less informed public with cast networks enjoyed record profits. But there is a loophole, and the loop- less political dialog, if we do not com- The placing of political advertisements hole, as I have illustrated, is that they plement the reduction in fundraising on the networks is not a public service. will sell you the time. They will just with more availability of information They do not do this under duress. It is never guarantee it will ever be seen on by reducing the cost. a major form of network profits. It is television. That, as I think anybody The McCain-Feingold legislation, as estimated to be at least $770 million could assess, is not much of an adver- written, will not abate the expense of and, indeed, figures could be as high as tising campaign. running for political office. It could, if $1 billion that was spent by candidates The law is actually being complied not amended, simply lead to an Amer- on political advertisements—a 76-per- with as an exception. The rule is the ican public, as Senator MCCONNELL has cent increase over 1996. violation. The chart on my left illus- said many times, that is less informed The chart on my left illustrates the trates this point conclusively. The with less political speech. I know no rapid increase. President midterm heavy red lines are advertisements one in the country who believes that is spending, in 1982, adjusted for inflation, that are placed above the lowest unit the kind of reform we genuinely seek. was $200 million; in the year 2000, now rate—remembering that the law re- The Alliance for Better Campaigns reaching $800 million. It is an expo- quires that advertisements be sold to recently stated: nential increase that is unsustainable. political candidates, as required for Reform must do more than limit the sup- The Alliance for Better Campaigns re- communication in Federal elections, at ply of political money. It must also restrain cently issued its report, ‘‘Gouging De- the demand for political money. the lowest unit rate. mocracy, How the TV Industry WCCO in Minneapolis met its public There is a perception in the media Profiteered on Campaign 2000.’’ responsibility by selling 4 percent of and in the public that the entire prob- This report illustrates how stations all of its advertisements at the lowest lem of campaign financing is the across the country took advantage of unit rate. And 95 percent of all the ads amount of money. That is a problem, candidates by increasing their pricing placed were higher than lowest rates. but it is not the only problem. Mem- for advertising just when they knew They are paying commercial rates. bers of this institution know that an that campaigns needed the time the In New York city, an advertising equal burden that must be addressed is most. market with which I am familiar, the amount of time Senators and Mem- In Philadelphia and New York City, WNBC—not some unaffiliated station, bers of the House of Representatives the two media networks which serve but one owned by the National Broad- are taken away from their legislative my State of New Jersey, the cost of casting Company itself—15 percent of responsibilities, not meeting with ordi- some political ads increased almost 50 their ads were in accordance with the nary citizens, to cater to the wealthy percent between Labor Day and elec- law at the lowest unit rate; for 78 per- to gain access to this money. tion day—television stations recog- cent they were charging commercial On the chart on my left, I have taken nizing that unlike an automobile man- a State at random, New Jersey, and rates to Federal candidates for public ufacturer or a soap manufacturer that office. There are stations that are bet- given an indication of what it takes in can advertise at any time of the year, time to run what all future Senate ter. The chart illustrates that virtually a candidate has no choice but to com- in every market in the country, large campaigns in New Jersey probably will municate with those voters between cost—a minimum of $15 million. This States and small, rural and urban, the Labor Day and election day. They have responsibilities are not being met. would require, under current campaign a captive market and they take full finance laws, raising $20,833 every day 7 In Los Angeles, KABC—once again, and unconscionable advantage. days a week for 2 years, or 150 fund- an affiliate owned by the network The letter on my left is a perfect ex- itself—34 percent of all advertisements raising events, each raising $100,000, or ample. This is a television station 1,500 events at $10,000 per event, 1,500 are being sold at commercial rates. In which has had an ad placed by a Fed- fundraisers at $10,000. Columbus, OH, it is 90 percent. At eral candidate. Under the law, they are We can make it more difficult to KYW, one of the most popular stations raise the money. We can eliminate soft required to sell this ad at the lowest in Philadelphia, it is 91 percent. At money. The question remains: Are we unit rate. But as is typical of the tele- WXYZ in Detroit, it is 88 percent sold simply adding to the burden of how vision networks, they wrote a letter at commercial rates. much time candidates must spend back to the candidate saying: My colleagues, the law as you in- doing that? If we are eliminating cat- Activity is a lot heavier than the station tended it, to require lowest unit rate egories of money, making it more dif- anticipated, and your schedules are already sales of advertising, has collapsed. It is getting bumped. ficult to get the $15 million, all we not happening. Broadcasters are auc- could be doing is adding to that time My colleagues, this is the heart of tioning advertising time to Federal which candidates must spend finding the problem. The candidate placed the candidates in competition with the in- it. That will not be an achievement. ad at $6,300, as required by law. But the dustries of America. Any candidate is That is why today we are dealing with television station let the candidate facing the prospect of a bidding war the other half of the equation—not know: You may have bought this ad in with General Motors or Ford or IBM what is raised but how much is spent. accord with Federal law at $6,300, but when they go to place political adver- The 2000 elections provide an illustra- you will never see it on television be- tising. The law is simply not func- tion. Common Cause estimates that cause we will bump it. You will not get tioning. the 2000 elections cost $3 billion. This it for when you bought it. It will be Similar patterns, as I have dem- is a 50-percent increase over 1996, beg- shown in the middle of the night when onstrated, are all over the country. To ging the question, At this rate of in- no one will see it. quote the Alliance for Better Cam- crease, where is the Nation going? So they politely extort another $8,000 paigns, ‘‘while this law remains on the Obviously, to anyone in the system, in order to guarantee the time slot books, its original intent is no longer by far the greatest component of this that has been provided. An ad required served.’’ campaign spending is the cost of tele- to be sold at $6,000 by law is now in ex- The other part of this equation is not vision advertising. Indeed, one-third of cess of $14,000. This is the heart of the simply that there is price gouging of the $3 billion raised and spent in the problem. And it is typical. candidates by taking advantage of a 2000 elections went to pay for political In our surveys across the country, as loophole in the lowest unit rate, but, advertisements on television. My pred- in Philadelphia and New York, these almost incredibly and simultaneously, ecessor, Senator Bradley of New Jer- rates were going up by 50 percent. We the broadcasters are violating another sey, probably said it best a few years have seen in others, typically, 30-per- responsibility. One responsibility is the ago: cent increases in these rates. lowest unit rate to allow advertising,

VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.004 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2605 not to increase the cost of campaigns The chart on my left makes this and CBS agreed to the 5 minutes. Al- and increase fundraising responsibil- comparison: what is happening in ad- though these stations should be com- ities and burdens; the other is to pro- vertising in which candidates are now mended, they and other stations made vide news coverage. These, my col- paying nearly a billion dollars, and similar decisions representing 70 per- leagues, after all, are the public air- what is happening in news coverage as cent of the 1,300 local stations. waves, licensed by the Federal Govern- required by Federal license. These are Shockingly, ABC, which was the sec- ment for the interest of the American the top four rated TV stations in Phila- ond biggest beneficiary of political ad- people to promote their debates. The delphia and New York. vertisement last year, did not make Federal airwaves are not to be used en- Overall, a viewer in the State of New any commitment at all. The refusal of tirely for sitcoms and cartoons, or to Jersey is 10 times more likely to see a ABC to join other broadcast networks sell soap or automobiles. There is a paid political advertisement—10 was the broadest step toward further public responsibility. times—than they are ever to see a news corporate irresponsibility. I am going to show the difference be- story, excepting that most of those In sum, what much of this means is tween what is going on in advertising news stories are scandal, and horse that contrary to law and the national and news coverage. As you can see on races, and are not news anyway. interest, the broadcasters have now de- this chart, those ads sold at the unit Conceding they really are news, let’s veloped a dependency on political ad- rate are flat. The red line shows that operate on the fiction they were put- vertising. As the chart on my left illus- almost all advertising is going on to ting news on the air. Nevertheless, one trates, this is now the source of reve- the non-unit rate or commercial rate of would be 10 times more likely to see a nues of television stations and net- advertising. political advertisement. works, gaining 25 percent of all of their We will move on to the news cov- Here are examples in Philadelphia: revenue from the automobile compa- erage. Now, remembering how the ad- WPVI, 122 advertisements ran between nies, the largest industry in America; vertising was increasing at commercial May 24 and June 5. The number of news 15 percent from retailers across the costs, exponentially the chart was ris- stories was 11. WNBC in New York, 99 country, and, unbelievably, 10 percent ing to the top. Consider this, remem- advertisements, 16 news stories. of all revenues of television stations is bering the two responsibilities: selling The fact is, news coverage has now coming from political advertising. at lowest unit rate and providing news reached an all-time low. Just as the If this, however, were a chart of Iowa coverage in the public interest. networks are evading their responsi- or New Hampshire or early primary In Philadelphia, during the New Jer- bility for the lowest unit cost under States, we would find during the Presi- sey Senate primary—remembering the law, they are also avoiding their dential elections that it is not third there was no incumbent—we were responsibility to provide hard news. but first. choosing a U.S. Senator for New Jer- During last summer’s political con- Even taking the network’s greatest sey, during a Presidential election, the ventions for Democrats and Repub- advantage of looking at this nation- final 2 weeks of the campaign. In licans, ABC, CBS, and NBC reduced by ally, it is clear television stations have Philadelphia, this is the amount of two-thirds the hours they devoted to developed a dependency—indeed, an ad- diction—on political advertising. That news coverage in the final 14 days of convention coverage of 1988, the last is clearly not in the national interest. the election: WPVI in Philadelphia, an time there was an open seat Presi- What should, however, gain the at- average of 19 seconds per evening; dential election. Broadcasters are in many respects tention of the American people is the WVAU, in the public interest, on a fed- almost unbelievable hypocrisy of the erally licensed station, dedicated an public trustees. They should not be putting the public airwaves out to bid networks on this issue. They have average of 1 second per night to in- joined the fight for campaign finance forming their viewers on the Senate when political candidates want to com- municate with their constituents. They reform by criticizing the current fi- campaign in its closing days. In New nance system, and we welcome their receive their licenses by meeting FCC York, the situation was not very much assistance. If there is to be genuine re- requirements under the 1934 Commu- different. WNBC—once again, a net- form, we are glad the voices of the net- nications Act in the public interest. work-owned-and-operated affiliate, not works have been part of the drumbeat The law makes clear that the airwaves some arm’s length operating station, of criticism to bring this Congress to a are public property and that they must but NBC’s own station in New York, in change. They want change. They just be used for the ‘‘public interest, con- the final 2 weeks of the campaign— do not want to be part of it, recog- venience, and necessity.’’ gave 23 seconds to covering the pri- nizing there is a reason this money is Indeed, perhaps maybe this Congress mary. At WCBS in New York, an aver- being raised, and they are the principal deserves some of the blame. In 1997, the age of 10 seconds was given to covering reason. this. Congress gave broadcasters digital TV Outside this Chamber, today the Na- As Robert McChesney wrote in Rich licenses which doubled the amount of tional Association of Broadcasters will Media, Poor Democracy: spectrum. If sold at auction, it would have its lobbyists attempting to con- Broadcasters have little incentive to cover have brought in $70 billion. William vince Members they should not bear candidates, because it is in their interest to Safire wrote: any responsibility and they should be force them to publicize their campaigns. A rip-off on a scale vaster than able to evade the current law and Exactly. Why would anyone provide dreamed. . .by the robber barons. charge commercial rates for their $1 free coverage in the public interest in Bob Dole called it ‘‘a giant corporate billion in political advertising. Indeed, hard news when, alternatively, can- welfare scheme.’’ since 1996, the National Association of didates must pay millions of dollars to What all this has meant is broad- Broadcasters has spent $19 million. the stations themselves to get their casters taking advantage of this new While the network broadcasters are message across? There is a disincentive technology without any new responsi- convincing the American people to to provide news because people have to bility, and we have allowed this situa- change the political system, their lob- pay for it. tion to deteriorate to the point of bil- byists are in the hall spending millions The Brennan Center reports that, in- lion-dollar campaigns putting enor- of dollars in lobbying time convincing deed, in the 30 days preceding the No- mous burdens of time and money on people not to lower costs, do not raise vember elections, the national broad- the political system. That is, in my money, but keep spending it on us. casters averaged about 1 minute per judgment, unsustainable. From 1996 through 1998, the National night—1 minute—in substantive cam- In response to this gift of public as- Association of Broadcasters and five paign coverage. sets, President Clinton appointed an media outlets together spent $11 mil- Rather than a discussion of sub- advisory panel to update the public in- lion to defeat 12 campaign finance bills stantive issues, the broadcast networks terest obligation of broadcasters. The that would have, if implemented, re- covered the campaign 2000 primarily as panel advised broadcasters to volun- duced the cost of broadcasting for can- a horse race. Only one in four network tarily air 5 minutes a night in the 30 didates. news stations aired stories that were, days before the election. During the Time’s up. You wanted campaign fi- indeed, issue oriented. 2000 elections, local affiliates of NBC nance reform and you were right, the

VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.006 pfrm03 PsN: S21PT1 S2606 CONGRESSIONAL RECORD — SENATE March 21, 2001 system should be changed, but you ical age, the cost of a campaign is eas- gressman who were very well recog- miscalculated because you are going to ily defined. It is television. This is a nized throughout our State. The Gov- be part of that reform. network-driven process. And it can ernor had run five statewide campaigns On a bipartisan basis, this Senate is change. and the latter had been in Congress 8 going to vote today to implement a law My final chart illustrates the dif- years and politics most of his adult which we intended a long time ago. ference in running political campaigns life. Certainly their experience should These are public airwaves. There will in three jurisdictions. If the Torricelli- not have been disqualifying, but nei- not be price gouging for candidates for Corzine-Durbin-Dorgan amendment is ther should a lifetime of participation Federal office. This time will be sold at adopted, the cost of running adver- in the private sector preclude the pos- the lowest unit rate as was always our tising in Los Angeles, the second most sibility for government service. intention. expensive media market in the coun- With that background, Mr. President, Under the Torricelli-Corzine-Durbin- try, would be a 75-percent difference by as you may know, New Jersey has no Dorgan, et al., amendment, we are applying the lowest unit rate; in Den- major in-State television market. going to bring the letter of the law ver, 41 percent; in Birmingham, AL, an Rather, north Jersey voters are served back in line with the spirit of the law. incredible 400-percent difference. by New York City television stations Our intention is very simple: One, re- This goes to the heart of the prob- while south Jersey voters are served by quire broadcasters to charge can- lem. We are simply requiring what was those from Philadelphia. didates and political parties the lowest asked a long time ago. We do not do The trend in television news coverage rate offered throughout the year. this to an industry that is struggling. is to spend less and less time on State Therefore, the gouging that takes place The broadcast industry is making and local races, and the problem is ex- because the networks know that we record profits by using Federal licenses aggerated in New Jersey where sta- must advertise between Labor Day and with new technology that has been tions from other States devote little election day will end. They will base given without cost. Now, my friends, it airtime to covering New Jersey poli- these prices on the lowest rate is time to ask them to meet their re- tics. As my senior colleague pointed out, throughout the year. sponsibilities. in both the Philadelphia market and Second, ensure that candidate and A new campaign finance system in New York market, as we ran up to the party ads cannot be bumped, displaced, America will require responsibilities primary, there was very little cov- by other advertisers willing to pay and sacrifices by many people—cer- erage. It averaged, if you looked across more for the air time. Simply stated, tainly by every Member of Congress. the two markets, 13 seconds per day to avoid the problem, as in the letter I This amendment will welcome the during the 60 days leading up to the indicated from one television station, broadcasters into a new responsibility where a candidate for public office at- election. Think about that: 13 seconds in being part of the answer to the prob- a day for five candidates to express tempting to communicate with their lem rather than the core of the prob- constituent is told that General Motors their points of view and get in front of lem itself. the public. That is some debate. I do is willing to pay more for the same I yield the floor. spot; therefore, either you pay what hope we can do something about it. The PRESIDING OFFICER (Mr. FITZ- Compounding matters, there is also a they will pay or your advertisement GERALD). Who yields time? trend away from covering substantive will run in the dead of the night. Mr. DODD. Mr. President, I yield 10 issues, as Senator TORRICELLI re- Three, require the FCC to conduct minutes to the distinguished Senator marked, in favor of covering elections random checks during the preelection from New Jersey. in horseraces, who is up, who is down, period to ensure compliance with the The PRESIDING OFFICER. The Sen- what the polls say, not what the issues law. In 1990, Senator Danforth of Mis- ator from New Jersey is recognized. are. For those candidates, such as my- souri requested a similar audit by the Mr. CORZINE. Mr. President, I am self, who want to engage voters on the FCC and for the first time revealed the pleased to join my esteemed colleague, issues, the only option is to purchase extent to which broadcasters were not the senior Senator from New Jersey time from the high priced, out-of-State charging candidates the lowest unit and a number of other colleagues in of- broadcasters in our case. The end re- rate. Although the crackdown resulted fering this amendment to reduce the sult is the candidates, especially chal- in a temporary dip in rates as broad- exploding costs of political advertise- lengers, those who have not previously casters followed the law more closely, ments on the airwaves. As Senator held public office, must grapple with recognizing the FCC controlled their li- TORRICELLI has articulated and effec- hugely expensive media costs to stand censes, as soon as the study was fin- tively demonstrated, this amendment a chance. ished, the monitoring was over, rates would guarantee that candidate adver- Let me be clear. Media exposure does went up again, and the law was vio- tisements are not preempted by more not guarantee success. A bankrupt lated. This time we will monitor it, but favored, high-spending advertisers and message will lose, despite a well-funded we will monitor it permanently. that candidates are given the lowest media campaign. I don’t buy the argu- Savings that will result from this available rate for the reserved time. ment you can buy an election. There amendment are extraordinary, as is the Mr. President, campaigns do cost too are many examples of candidates who ability to change the national political much. God knows, I know. To commu- have spent significant amounts of culture of the fundraiser, reducing nicate with voters, at least in large money, only to lose. People who argue costs, resulting in reduced fundraising. States like New Jersey with multiple you can buy elections, in my view, un- This is a great opportunity. I do not and expensive media markets, can- derestimate the ability and the judg- know a member of this Congress who didates must use television time. And ment of the voters. Still, while ade- wouldn’t rather spend their time legis- television is very expensive. My cam- quate exposure on television clearly is lating than raising funds. I don’t know paign was charged as much as $55,000 not sufficient to generate success, lack a Member of this Congress who for one 30-second spot alone in the of exposure for many candidates al- wouldn’t prefer to be at home on the weeks directly preceding the election. most certainly will guarantee failure, weekends with their family or con- Others actually paid more. again, particularly for challengers and stituents, rather than traveling around When I began my run for the Senate, newcomers who might bring different the Nation raising funds. This isn’t I was generally unknown to the com- experiences and perspectives to issues. something that anybody enjoys. There munity at-large. I had enjoyed a suc- Congress recognized this media cost is an endless spiral of fundraising that cessful business career, which I problem in 1971 when it required broad- is out of control, but it will not be thought would make a contribution to casters to offer candidates the lowest stopped simply by eliminating soft the Senate, the Nation, and my com- price offered for a similar timeslot. Un- money or making it more difficult to munity. But virtually no one in New fortunately, that legislation included a raise money of any kind. Candidates Jersey knew who I was or, more impor- major loophole. Under the law, while will find money within the law under tantly, where I stood on the issues. local stations must offer a candidate some system unless we address the Meanwhile, my opponents included a the lowest available rate, the broad- question of costs. In the modern polit- former Governor and a former Con- casters are allowed to preempt those

VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.008 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2607 commercials and broadcast them at a fied time slot. During the height of the 2000 To avoid having campaign ads pre- later time—in the case in New Jersey campaign, station ad salesmen routinely empted, candidates are forced to pay and Philadelphia markets, maybe at 3 took advantage of these special needs and prices above the lowest unit cost. Some a.m., as opposed to prime time. To steered candidates toward paying high pre- 78 percent of the political ads on miums for ‘‘non-preemptible’’ ad time. guarantee that an advertisement is An Explosion of Issue Advocacy Ads WNBC, a New York network affiliate— shown at a particular time, candidates Caused Spikes in All Ad Rates. The biggest one of the prime spots for placing your are forced to pay premium rates. These change in the marketplace of political adver- ads in the New York media market— premiums have increased the price of tising in recent years has been the explosive were purchased at a rate higher than on-air time dramatically. growth of party and issue group advertising; the lowest published candidate rate for Not long ago, the Alliance for Better in 2000, it accounted for roughly half of all those timeslots in the fall of 2000. You Campaigns issued a report entitled political ad spending. These ads are not enti- will see here: WNBC—78 percent. ‘‘Gouging Democracy.’’ tled to LUC protection. In markets where So we compare it equally with Phila- there were highly competitive races, stations I ask unanimous consent that the ex- doubled and sometimes tripled issue ad rates delphia, where you also have to run in ecutive summary of this report be in the campaign’s final weeks. This had a New Jersey, and 91 percent of the ads printed in the RECORD. tail-wags-dog effect on the pricing of can- were sold at or above those lowest unit There being no objection, the mate- didate spots. The intention of the LUC sys- costs. rial was ordered to be printed in the tem is to peg candidate rates to volume dis- It is critical to remember that the RECORD, as follows: count rates for product ads. But in 2000, can- public owns the airwaves. They are li- EXECUTIVE SUMMARY didates paid rates driven up by the demand censed to broadcasters but they belong spike created by the flood of soft money- Local television stations across the coun- to all of us. They are a public trust, funded issue advocacy ads. try systematically gouged candidates in the Some Candidates Were Shut Out of Air gifted to the broadcasters for commer- closing months of the 2000 campaign, jacking Time. The heavy demand for political ad cial use. up the prices of their ads to levels that were time squeezed some would-be candidate ad- The Television Bureau of Adver- far above the lowest candidate rates listed vertisers off the air. In some markets, tele- tising, based on estimates supplied by on the stations’ own rate cards. They did so vision stations either ran out of inventory or CMR MediaWatch, estimates that ad despite a 30-year-old federal law designed to refused to sell air time to down-ballot state revenues for the broadcast television protect candidates from such demand-driven and local candidates. These candidates are stations in 1999 exceeded $36 billion. price spikes. The stations apparently did not entitled to lower ad rates than issue groups break the law; rather, they exploited loop- Seemingly, the public spectrum has and parties, but, unlike candidates for fed- proved profitable for the television holes in a law that has never worked as in- eral office, they are not guaranteed access to tended. In 2000, this so-called ‘‘lowest unit paid ad time. broadcasters: $36 billion. Consequently, charge’’ [LUC] safeguard for candidates was Political Ad Sales Were at Least $771 Mil- it is not unreasonable to ask the sta- overrun by the selling practices of stations, lion . . . Stations in the top 75 media mar- tions to make time available so can- the buying demands of candidates, the sharp kets took in at least $771 million from Jan. didates can communicate with the vot- rise in issue advocacy advertising and the 1 to Nov. 7, 2000 from the sale of more than ers. unprecedented flood of hard and soft money 1.2 million political ads, almost double their An article by David Broder appearing into political campaigns. 1996 take of $436 million. As a result, political advertisers spent five in yesterday’s Washington Post drives . . . and May Have Hit $1 Billion. The $771 home the underlying motivation for times more on broadcast television ads in million figure is a conservative estimate. It 2000 than they did in 1980, even after adjust- covers ad spending on the 484 stations in the this amendment. I ask unanimous con- ing for inflation. The candidates made these nation’s 75 largest markets, but excludes the sent the article be printed in the payments to an industry that has been ad dollars spent on roughly 800 stations in RECORD. granted free and exclusive use of tens of bil- the nation’s 135 smaller markets. It also fails There being no objection, the article lions of dollars worth of publicly owned spec- to account for the spike in ad rates that oc- was ordered to be printed in the trum space in return for a pledge to serve curred close to Election Day. Some Wall RECORD, as follows: the public interest. In 2000, the broadcasters Street analysts estimate the actual political [From the Washington Post, March 20, 2001] treated the national election campaign more ad revenue total was closer to $1 billion. WHERE THE MONEY GOES ... as a chance to profiteer than to inform. While Profiteering on the Surge in Polit- Their industry has become the leading cause ical Spending, Stations Cut Back on Cov- (By David S. Broder) of the high cost of modern politics. erage. Even as it was taking in record reve- The Sunday television talk shows were fo- This study is based on a comparison of po- nues from political advertisers, the broad- cused on campaign finance reform, but no litical advertising sales logs and rate cards cast industry scaled back on substantive one was rude enough to suggest that TV at 10 local television stations; an analysis of coverage of candidate discourse. Throughout itself is at the heart of the problem. The political advertising costs at all stations in the 2000 campaign, the national networks same subject is conspicuous by its absence in the top 75 media markets in the country; and and local stations offered scant coverage of the campaign finance debate now underway interviews with Democratic and Republican debates, conventions and campaign speeches, in the Senate. For a change, the lawmakers media buyers, television station ad sales prompting veteran ABC newsman Sam Don- are arguing seriously how to regulate the managers and officials at the Federal Com- aldson to remark that his network evening money coming into politics from business, munications Commission. Its key findings: news political coverage had ‘‘forfeited the labor and wealthy individuals. But they are Candidates Paid Prices Far Above the Low- field’’ to cable. The industry also fell far ignoring where that money goes. est Published Rate. In the final months of short of a proposal by a White House advi- Voters I’ve interviewed seem to think this Campaign 2000, federal, state and local can- sory panel, co-chaired by the president of money goes into the coffers of the political didates paid ad rates that, on average, were CBS, that stations air five minutes a night parties or into the pockets of the politicians. 65 percent above the candidates ‘‘lowest unit of candidate discourse in the closing month In fact, the parties and the candidates are charge’’ rate published in the stations’ own of the campaign. In the month preceding the middlemen in this process, writing rate card, according to an audit of ad logs at Nov. 7, the national networks and the typ- checks as fast as the contributions arrive. 10 local stations across the country. The 10 ical local station aired, on average, just a Many of the checks go to broadcasters for stations are major network affiliates in minute a night of such discourse. This mini- those 30-second ads that, in the final weeks large markets; in total, they aired more than mal coverage increased the pressure on can- of a campaign, fill the screen during the 16,000 candidate ads. didates to turn to paid ads as their only way breaks in local news shows and popular Stations Steered Candidates Toward Pay- of reaching the mass audience that only prime-time series. ing Premium Rates. Television stations broadcast television delivers. A report earlier this month from the Alli- made their lowest candidate rate unattrac- ance for Better Campaigns, a bipartisan pub- tive to candidates by selling ads at that rate Mr. CORZINE. According to this re- lic interest group critical of the broad- with the proviso that they could be bumped port, the cost of political advertising casters, said that ‘‘stations in the top 75 to another time if another advertiser came last year was $771 million, more than media markets took in at least $771 million forward with an offer to pay more. The LUC doubling the cost just 8 years ago in . . . from the sale of more than 1.2 million system is supposed to ensure that candidates 1992. That is up from $375 million to al- political ads’’ last year. If the figures for sta- are treated as well as a station’s most fa- most $800 million. That is a conserv- tions in the 135 smaller markets were added, vored product advertisers (e.g., the year- ative estimate. The fact is, media costs it’s estimated that the total take probably round advertiser who buys time in bulk and would be counted at $1 billion. receives a volume discount). But unlike most simply are growing out of control. That reality is being ignored as senators product advertisers, candidates operate in a This is a chart I would like to see for debate rival measures, all of which have a fast-changing tactical environment and need earnings of a company I formally rep- common feature—reducing the flow of con- assurance that their ads will run in a speci- resented. tributions that pay the campaign television

VerDate 21-MAR-2001 02:42 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.010 pfrm03 PsN: S21PT1 S2608 CONGRESSIONAL RECORD — SENATE March 21, 2001 bills. Common sense tells you that if the TV we should guarantee free air time for to use this story to make a point. It is bill remains that exorbitant, politicians will public debate. I agree, but for today we a story about a group who has gathered continue the ‘‘money chase’’ under any rules argue only for TV time at the lowest to fund certain political campaigns. It that are in place. But that fact is suppressed in Senate de- cost per unit. That is all this amend- says they met in a conference room, 40 bate for the same reason it was ignored on ment does. It requires broadcasters to business executives, investors, wealthy the TV talk shows: fear of antagonizing the make time available on a folks gathered at a law firm conference station owners, who control what gets on the nonpreemptable basis at the lowest room, and they had some candidates air. cost offered to anyone for that time pe- come in and they would make presen- The influence that broadcasters exercise in riod, and it requires the FCC to con- tations to the gathered potential do- their home markets is reflected is the power duct periodic audits to ensure compli- nors. Then the donors would score their lobbyists wield in Washington. That is them, 1 to 10, and determine who was the main reason the major proposals before ance. the Senate—one sponsored by Sens. John This does nothing more than enforce best, who were the best candidates. McCain and Russ Feingold and the other the original intent of Congress when it It was like a beauty contest without crafted by Sen. Chuck Hagel—have no provi- first required broadcasters to make the bathing suits or good looks, I sions aimed at reducing the TV charges. In- time available at the lowest unit rate. guess. You have the candidates come in stead, they focus on the high-dollar ‘‘soft This simple but powerful reform poten- this law office conference room, make money’’ contributions to the political par- tially will bring sanity to the cost of their presentation, and they get a score ties. McCain and Feingold would eliminate of 1 to 10. Apparently after the can- them; Hagel would limit their size. 21st century campaigns. I urge my colleagues, as Senator didates have made this presentation, The soft-money exemption from the con- this group of investors would decide tribution limits that apply to other gifts to TORRICELLI has before me and others candidates and parties was created in order will after, to support this amendment. who they were going to support. In this to finance such grassroots activity as voter The PRESIDING OFFICER. The Sen- case, the story was about a Member of registration and Election Day turnout. But ator from Connecticut. Congress now who went to this con- now most of the soft money is converted into Mr. DODD. Mr. President, I am about ference room, made a presentation, TV issue ads, indistinguishable for all prac- to yield to my colleague and friend, scored in the 10s, I guess, and then this tical purposes from the candidates’ election- Senator DORGAN, but I wish to com- group of 40 people said: You are our eering messages. mend both of our colleagues from New guy. What we are going to do is, we are The National Association of Broadcasters going to do a couple of hundred thou- denies the Alliance for Better Campaigns’ Jersey—Senator TORRICELLI for being charge of price ‘‘gouging’’ in the last cam- the lead sponsor of this amendment sand dollars worth of television adver- paign. But there are no discounts for issue and Senator CORZINE and others for tising for you—independent issue ads— ads; they are sold at whatever price the mar- their cosponsorship of it and to Sen- and then, second, we are going to bun- dle some money and get you a couple of ket will bear. And the heavy volume of issue ator CORZINE for some excellent re- ads drove up the cost for all TV spots in the marks on the purpose of this amend- hundred thousand dollars in checks. weeks leading up to Election Day, including So this little beauty contest produces ment. those placed by candidates, thus fueling the $400,000 for a candidate. The group I will take some time later on this money chase. evolved from a small core of Wall morning to address the substance of Whether the McCain-Feingold bill, or the Street bigwigs led by so-and-so. Their Hagel substitute, or some blend of the two is the amendment, but I commend both of goal is to target large sums of money passed, campaign cash will continue to flow my colleagues for their efforts. This is to specific kinds of candidates who to those television stations—and they will very well thought out. The point Sen- continue to charge the candidates and par- come in and survive this little beauty ator CORZINE made that we sometimes ties what the traffic will bear. contest they have. For years, some reform advocates have ar- forget is that these are public airwaves Do we need campaign finance reform? gued that no new law will be effective unless which we license people to use for com- Of course we do. That is just one evi- the cost of television can be brought down. mercial purposes. Nothing is more im- dence of the desperate need for cam- McCain, in fact, has drafted a bill that would portant than making people aware of paign finance reform. You bet we need require the broadcasters—in return for their the choices, both issues and sub- it. I support the McCain-Feingold bill. use of the public airways—to contribute per- stantive choices as well as political haps one percent of their earnings to finance I admit it is not perfect. I might have choices that they make in national, written some sections differently. It vouchers that the parties and candidates local, or State elections. We can’t say would convert into payment for TV spots. may need to be changed some. But it is Estimates are that it would go a long way anything about local or State elec- a piece of legislation this Congress toward eliminating the need for private tions, but we can about national—Fed- ought to embrace. funding of the TV side of campaigns. eral elections. Fifty years ago we effectively had no But McCain does not plan to offer this as I think Senators TORRICELLI, rules with respect to campaigns. There an amendment during the current debate, CORZINE, DORGAN, and DURBIN have hit were no limits, no reporting require- fearing that the broadcasters’ lobby would on a very important point if this bill is ments, and there was an exchange of turn enough votes to kill the underlying bill. to do truly what its authors intend it It is possible that other senators may offer money in this town in paper bags or en- amendments designed to reduce the need for to do. velopes; it could be in cash. The billion-dollar political TV budgets, but their I yield 15 minutes to Senator DOR- amount of money was donated and un- prospects are poor. GAN. reported. The reality is that any measure that be- The PRESIDING OFFICER. The Sen- Was that a system that worked? Of comes law without such a provision is likely ator from North Dakota. course not. That desperately needed to to be no more than a Band-Aid. As long as Mr. DORGAN. Mr. President, I say to be changed and it was in the early broadcasters can continue to treat politics Senator TORRICELLI and my other col- 1970s. We had the reforms of 1974 that as a profit center, not a public responsi- leagues who have cosponsored this bility, the money will have to come from tried to establish certain limits and somewhere to pay those bills. The current amendment, they have done a real tried to establish certain reporting. In debate focuses too much on the people who service, in my judgment, in this de- many ways it worked, in some areas, write the checks. It’s time to question, as bate. This is an amendment that can but in other ways it has not worked. well, where the money goes. hardly be opposed by Members of the Money and politics are like water find- Mr. CORZINE. He writes: Senate. It makes so much sense and is ing a hill. They run downhill inevi- Common sense tells you that if the TV bill so overdue. tably. remains . . . exorbitant, politicians will con- Let me begin in a more general way There is in this political system, tinue the ‘‘money chase’’ under any rules talking about campaign finance reform rather than a competition of ideas is, that are in place. and then describing why this amend- which is what democracy ought to be This amendment seeks to lower the ment is critical to the success of this about, a mad rush for money in order cost of television to reduce that money effort. to pay the costs of television adver- chase by lowering the amount of This Saturday there was a story in tising, which has become the mother’s money necessary to run for election. one of the major city newspapers in milk of politics. What has happened to Many would argue if we truly want to this country. I do not think I will iden- their competition of ideas in this bliz- get rid of this money chase in politics, tify the people in the story, but I want zard of television advertising? Ideas are

VerDate 21-MAR-2001 02:42 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.005 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2609 almost gone, nearly obliterated. The I am told that the two Federal races outstanding presentation. He has done orgy of 30-second advertisements in paid almost exactly double for about his homework, as I described, with one this country is a slash-and-burn and the same time on the television sta- of my colleagues. He has made a very hit-and-run negative attack, often by tions in North Dakota in the year 2000. effective presentation of why this is nameless and faceless people, in many This isn’t just about big markets, it necessary. cases by organizations that are not is about every market, and it is about Let me make an additional point part of political parties. They are inde- the television industry deciding it is about the television industry. I think pendent organizations collecting un- going to profit as a result of being able the television industry does some aw- limited money from donors who are un- to ignore, effectively, a provision that fully good things in our country, and disclosed. exists in law requiring the sale of tele- all of us take advantage of it almost Do we need campaign finance reform? vision advertising at the lowest rate on every day. And we appreciate the good Darned right, we do. This system is out the card for political advertising. things they do. But, as we know, the of control. I happen to think we ought to do television industry was provided a In this morning’s Washington Post more in reform with respect to adver- spectrum. The public airwaves were there is a columnist who really makes tising. I know some think this would given to broadcasters free on the condi- the case about, what we need in poli- be too intrusive. But, as I indicated, I tion they serve ‘‘the public interest, tics is more money, that we just need think political campaigns ought to be a convenience, and necessity.’’ more money in this political system. I competition about ideas. They ought to According to a study by the Norman wonder, has this person been on some be about competing ideas of what we Lear Center at the University of kind of space flight somewhere? Did need to do in this country to make this Southern California, during the 2000 the shuttle take him up, and have they a better place in which to live. They campaign the typical local television gone for the last 10 years? Could they have instead become this machine gun- station in a major market aired just 45 not have failed to see in September and fire of 30-second advertisements. seconds of the candidate’s second dis- October—and even before in every elec- I would like to see at some point that course per night during a month before tion year, especially last year—the we require the lowest rate on the rate November 7. Why? They know what blizzard of advertisements, the 30-sec- card to be offered to those who pur- sells on the news. They are chasing am- ond ads in every venue of every kind? chase a 1-minute ad, require the tele- bulances, they are not covering polit- Our political system doesn’t need vision industry to sell ads in 1-minute ical campaigns. more money. In fact, what has hap- increments, and require the candidate There were stories about this in the pened—and I think that is what has to appear on the ad three-fourths of the last campaign. Too often television prompted this amendment—is that time of the 1-minute ad. That would stations decided they weren’t going to politicians have become collectors of really require people to use television put campaign news in the news strip, money in order to transfer the money advertising to tell the American people let people buy it, and at the same time to television stations that become the what they are about. If they want to on the commercial side of the station large beneficiaries of this new system criticize their opponent, good for them. they were jacking up the price of their of ours. But they would have to do it in person ads and preventing candidates from ac- My colleague, Senator TORRICELLI, on the air. has offered an amendment that says I think that would really change a cessing the lowest unit cost. I think on the issue of public inter- the television stations in this country lot of political advertising in this est, convenience, and necessity, we have a responsibility to do what the country, and I think America would be law says they should do—that industry better served to have positive debate have a ways to go in the television in- has a responsibility to sell political about what the candidate stands for; dustry dealing with the coverage of po- time for political advertisements to one would stand for one set of ideas, litical campaigns. Major broadcast networks performed candidates at the lowest rate on the and the other would stand for another only slightly better—airing just 64 sec- rate card. But that has not been hap- set of ideas; and let people make a pening. What has happened in the com- choice. But these days, that is not onds a night of a candidate’s discourse munications business—especially tele- what you have. You have a rush to try per network, according to an vision and radio—is a galloping con- to destroy one candidate by the other, Annenberg Public Policy Center report. The question is, How are the Amer- centration and mergers. Since the 1996 and in many cases we are seeing ex- ican people to gather information Telecommunications Act, we have seen penditures and unlimited money com- a rash of mergers and large companies ing from undisclosed donors. That about the competition of ideas that becoming larger. In virtually very doesn’t serve this political system at ought to exist in the political race over State, there are fewer television sta- all. the newscast? Hardly. The news indus- tions owned locally, and more are My colleague says let us at least try, including the networks, is not cov- owned by large national combines. solve this problem by adding to the ering most of these campaigns. And Guess what happened. The result is McCain-Feingold bill. As I indicated local stations have decided increas- they make decisions now about the ad when I started, I support the McCain- ingly that there is a menu for their prices and the rate cards they are Feingold legislation because I think it nightly news, and they understand ex- going to use for politics. They are is a significant step in the right direc- actly what it is. It is often dealing with maximizing their revenue from the po- tion. But it will be incomplete if we do crime, even while crime goes down. litical income in this country. not add this amendment because this Incidentally, there are wonderful My colleague described what is hap- amendment will finally tell the tele- studies about this which show de- pening in New Jersey. I think that is vision industry: You must do what the creased crime rates and increased view- important, because he describes the law requires. Here is exactly what Con- ing of stories about violent crime on substantial increase in costs of tele- gress says the law has required for the nightly news because that is what vision advertising for political pur- some long while that you have gotten sells. poses in New Jersey. away from doing. If we don’t do this, It is time for us to ask for something Let me describe what happened in we will not see an abatement to this better and something different from North Dakota. The advertisement that mad rush for money and the require- the television industry. In this cir- cost a mere $290 in 1998 to clear an ad ment that those who are involved in cumstance, we are simply asking them on four NBC stations in western North politics collect funds in order to trans- to do what we believe the law has re- Dakota—remember that this is a fer those funds to the television sta- quired them to do but what they have sparsely populated area, and the rates tions that are now charging double and been refusing to do in recent years, and are much different from in New Jersey triple for the advertising that is re- that is to sell 45 days before a primary and New York—but a $290 or $300 adver- quired in America politics. and 60 days before a general election to tisement 2 years go sold at $753 last I really believe this is a critically im- candidates for public office at the low- fall, nearly tripling the advertising portant amendment. est unit charge of the station for the rates of the television stations in a I must say my colleague from New same class and amount of time for the small State such as North Dakota. Jersey, Senator TORRICELLI, made an same period as for the commercials

VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.014 pfrm03 PsN: S21PT1 S2610 CONGRESSIONAL RECORD — SENATE March 21, 2001 that are aired on those stations. That columnist. Let me begin by quoting ‘‘It’s a beautiful thing.’’ ‘‘It’s like is what the requirement is. those arguments. I quote: Santa Claus came.’’ It is what they have not been doing, The reality is being ignored— It is not by chance that we come and it is what Senator TORRICELLI and That is in dealing with McCain-Fein- today making this argument. There Senator CORZINE, Senator DURBIN, I, gold— has been a calculation by television and others say it is time to be required networks to take advantage of this po- as senators debate rival measures, all of to do. which have a common feature—reducing the litical system and this fundraising to So I am pleased today to support this flow of contributions that pay the campaign maximize their profits. amendment. I think it is a very impor- television bills. Common sense tells you that There are arguments going on in Sen- tant amendment, and I am especially if the TV bill remains that exorbitant, politi- ators’ offices as we speak. Papers are pleased my colleague, Senator cians will continue the ‘‘money chase’’ under being circulated, as I have suggested, TORRICELLI, has taken the lead to offer any rules that are in place. in the absence of any Senators coming it today. Exactly. Further: to argue against this amendment. Mr. President, I yield the floor. The reality is that any measure that be- Stealth arguments are being made to The PRESIDING OFFICER. Who comes law without such a provision— Senators’ offices. Let me go through a yields time? Parenthetically, that meaning the few of these arguments for a moment. Mr. DODD. Mr. President, let me in- cost of television— The National Association of Broad- quire, how much time remains on the is likely to be no more than a Band-Aid. As casters is arguing, first, that we are proponents’ side? long as broadcasters can continue to treat going down the slippery slope of free The PRESIDING OFFICER. Seven- politics as a profit center, not a public re- time. teen minutes 45 seconds. sponsibility, the money will have to come My colleagues, there is no amend- Mr. DODD. How much time remains from somewhere to pay those bills. The cur- ment before the Senate requiring free on the other side? rent debate focuses too much on the people time. Indeed, there could be an argu- The PRESIDING OFFICER. Ninety who write the checks. It’s time to question, ment for it. All of our European allies, minutes. as well, where the money goes. in every other industrial democracy in Mr. DODD. May I inquire of my col- That is the heart of the argument for the world, broadcasters are required to league from Kentucky—if I could inter- this amendment. provide free time to help the public de- rupt for 1 second—we are down to Where does the money go? Mr. bate. We are not doing that today. It about 17 minutes on the proponents’ MCCAIN and Mr. FEINGOLD deal with would be warranted, but it is not being side. Will my colleague from Kentucky the demand for money. We are dealing argued. be willing at some point to yield us a with the supply of the advertisements. We are simply requiring that the law little time if we need it? This is an equation that inevitably read as many Senators believe it al- Mr. MCCONNELL. Mr. President, I must be dealt with together in the bill. ready exists—lowest unit cost. We are would be happy to yield some time. I It has been noted by my colleague, closing a loophole in the current law. am unaware of speakers at the moment Senator CORZINE, of our experience in Second, the National Association of in opposition to the Torricelli amend- the New York metropolitan area, al- Broadcasters is arguing in Members’ ment. There may be some. Actually, I though indeed we do so simply because offices that: Candidates already receive know of one who wants to speak. He is we are the most familiar with it. The a 30 percent discount on regular com- not on the floor at the moment. So we arguments we are making about New mercial ad rates. Oh, my colleagues, if will be casual about time, and I will York and Philadelphia could be made only it were so. As I think we dem- make sure we can accommodate all in any market in the country, al onstrated earlier in my arguments, speakers. though I want, parenthetically, to deal that is a fiction. Candidates are not Mr. DODD. How much time does my with how the networks are approaching getting 30 percent. Yes, that is the law. colleague want? political campaigns today, not as a re- That is what should be happening. But Mr. TORRICELLI. Let me inquire. sponsibility to enhance communication as we have demonstrated—in Min- We have several colleagues who want but as an economic opportunity. neapolis, 95 percent of advertising is to speak on behalf of the amendment. It should be noted that of the 10 sta- now being done at commercial rates, 4 While I want to speak, I do not want to tions that made the most money from percent is at lowest unit rate; in De- take all the time that remains. So I am political advertising in the year 2000, troit, 8 percent is at lowest unit rate; under the Senator’s guidance. three are in New York: NBC, ABC and in Philadelphia, 9 percent; in San Fran- Mr. DODD. Why not take the time CBS; two are in Philadelphia, WPVI cisco, 14 percent; in Las Vegas, 38 per- the senator’s need, and I am confident and WCAU. They range from WNBC in cent; in Seattle, 9 percent. my colleague from Kentucky will yield New York, which placed $25 million of No, National Association of Broad- us some time if we need it. advertising, and in Philadelphia with casters, you are not providing a 30-per- Mr. MCCONNELL. I say to my col- $11 million for WCAU. It is best de- cent discount. That is the exception. league from New Jersey, I am not ex- scribed by the sales director at the CBS The rule is, you are price gouging. You actly swamped with speakers request- affiliate in Philadelphia as ‘‘the best are charging commercial rates—con- ing time. I will be glad to work with year we’ve had in forever.’’ trary to current law. the Senator to have adequate time. Why was it the best year and why all Third, arguing that: This has a fun- Mr. TORRICELLI. I thank the Sen- this excitement? damental, constitutional problem. ator very much. Let me quote from an article by Paul There is no constitutional problem. At this point, I want to deal with sev- Taylor, former Washington Post polit- First, we have had, for more than 30 eral of the questions that have been ical reporter. Quoting the CBS affiliate years, the requirement that ads must put before the Senate. In the absence of in Buffalo, WIVB-TV, Patrick Paolini, be sold at the lowest unit rate. We are anyone coming to the Senate floor to general sales manager, who said: not doing anything new. We are closing confront the overwhelming logic of our We’re salivating. No question it will be a loophole in current law. If there is a amendment, I want to deal with the huge as far as ad revenue [is concerned] . . . constitutional argument now, then stealth arguments being presented in It’s like Santa Claus came. It’s a beautiful there has been a constitutional argu- Senators’ offices. Even though no one thing. ment for decades; and it has never been will rise in defense of this indefensible He was not talking about the quality raised before, although, frankly, even if cause of the networks, nevertheless, of the debate. ‘‘Santa Claus coming’’ it had been, it would have failed. there are silent arguments being was not about substantive arguments The fifth amendment’s taking chal- waged. I will debate those even if there to help the people of New York. He was lenge would fail in this provision. is not someone in person to do it. talking about the prospects of HILLARY There is no right to a grant of a license As some of my colleagues have noted, RODHAM CLINTON running for the Sen- or property interest in the use of a fre- some of the most effective arguments ate and the potential revenues, recog- quency. The networks have a public li- were actually made yesterday in the nizing the expenditures in a Clinton cense to use the public frequencies for Washington Post by David Broder, the Senate campaign. ‘‘We’re salivating.’’ their network business. There is no

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.016 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2611 constitutional right to it. You apply of the Senate and pointing out the fal- Reducing the cost of television time for a license, and you can get that li- lacy of those arguments. will have the very beneficial effect of cense subject to conditions. Public re- The facts are inarguable, when you reducing the impact of the loss of soft sponsibility is one of those conditions. look at the rates that are being money on the ability of candidates to Selling air time for the public debate charged in major markets all across legitimately get their message out. at a reasonable cost is another condi- the country. It goes back to the heart The parties will only have hard money tion. That has always been a condition. of the bill. As we are trying to keep to spend. For that reason, it is appro- Under section 304 of the Communica- down costs, for many of us it runs priate to allow them to use the lowest tions Act of 1934, broadcasters are re- somewhere around 75 or 80 cents on the unit rate as well. quired to ‘‘waive any claim to the use dollar that is spent on TV advertising. The fact is, this amendment can help of any particular frequency or electro- It varies from State to State, I am make the legislation work. This magnetic spectrum as against the regu- sure, but that is not an unrealistic amendment will help the parties to ad- latory power of the U.S.’’ There they number in modern campaigns to spend just to the new world of fundraising for have waived the constitutional right to that much of a campaign dollar on TV only hard money, and it will help can- claim that the spectrum must be used advertising, considering how much the didates have the sufficient resources to for public purposes. public relies on television for its respond to ads that will still be run by In Federal Communications Commis- sources of information. outside groups. sion v. Sanders Bros. Radio Station, a If we are truly trying to put the Some of the concerns about all the court decision, the Supreme Court of brakes on the ever-spiraling cost of money that would flow to the outside the United States interpreted this pro- campaigns, as my colleague from Wis- groups are overblown. I don’t think all vision to mean that: consin has eloquently described, there the money will flow. It is false that all No person is to have anything in the na- is no natural law that I know of which the corporations will give their money ture of a property right as a result of grant- says that the costs of campaigns ought in that way. The fact is, there still will ing a license. to continue to rise at the rate they be these ads and people will still need There simply is no constitutional have been rising over the last few to respond. The Torricelli amendment right impaired by asking these reduced years. Trying to do something about does make it possible for people to rates. cost as well as the amount of dollars have that ability to respond through Finally, the broadcasters are argu- that are raised is the second part of the legitimate, controlled, regulated, ing, in correspondence to our offices, this equation. and disclosed hard money system. that broadcasters should not bear the If we are making the case that we Like the soft money ban in this bill, burden of campaign reform. Why not? don’t need more money in politics, that the amendment will take our election Isn’t dealing with the campaign fi- case is more easily made if we are able law back to its original intent. The nance problems of the country to demonstrate that we can reduce the soft money ban reinvigorates the cen- everybody’s responsibility? We are say- cost of trying to speak to the American tury-old prohibition of corporate ing that candidates for public office public about what our views are, what spending in connection with Federal should no longer avail themselves of their choices are, as we encourage peo- elections. Lowest unit rate, on the ple to participate in the electoral proc- soft money, should abide by certain other hand, was intended to give can- ess. rules. Why indeed should broadcasters didates a significant discount for ad- I thank our colleagues, the authors vertising so they could get their mes- not bear some of the responsibilities? of this amendment, for offering the Do they not have public licenses? Do amendment and making the case they sage out. The practice of having they not have responsibility to air the have. I know our colleague from Illi- preemptible and then, on the other news fairly, cover campaigns, to inform nois, who is a cosponsor of the amend- hand, nonpreemptible classes of time the public? Should they be allowed to ment, wants to be heard. I see my col- was not contemplated by the lowest price gouge? league from Wisconsin. Maybe he unit rate statute. What this amend- They make the argument: What would like to take a couple minutes be- ment does is bring the LUR back to about newspapers? Shouldn’t news- what the Congress intended it to be. fore Senator DURBIN arrives. I yield a papers bear this responsibility? I don’t couple of minutes to the Senator from In my mind, it is very similar to know a newspaper in America that Wisconsin. what the soft money ban does. It takes deals with a Federal license, nor are Mr. FEINGOLD. I know the Senator us back to where we were supposed to newspapers under the same cir- from Illinois is coming. I will take a be. We are talking in both cases about cumstance of a market that will only moment or two. I appreciate the Sen- loopholes that have helped destroy an permit so many newspapers. The spec- ator from Connecticut giving me the entire system that actually was pretty trum has limited the number of tele- time so I can indicate my support for well thought out. But loopholes do vision stations; hence, the FEC’s re- this amendment. I think I can speak occur, and this amendment helps us quirements and Federal law. for the Senator from Arizona as well. close them. These National Association of Broad- We are going to support this amend- The Senator from New Jersey al- casters arguments are an insult. They ment. ready did a fine job on this. I reiterate, confirm the arrogance with which the The Senator from New Jersey has this is not a slippery slope. This is not networks are approaching Federal cam- laid out the substantive arguments the next step to free time. I wish it paigns, the arrogance that is leading to very persuasively. I wish to say a word was. There ought to be free time for avoidance of Federal responsibilities, or two about how this amendment re- candidates. There ought to be reduced the selling at lowest unit rate cost, or lates to our overall McCain-Feingold television costs, but LUR is not free the raising of these extraordinary ar- bill and why it is very consistent with time. The original McCain-Feingold guments without merit. reform. The Senator from Connecticut bill, when Senator MCCAIN and I first That is the sum and substance of the has already mentioned this, pretty came together to work on a bipartisan case they are making. To the credit of much foreshadowing what I will say. basis, was about voluntary spending my colleagues, they are so meritless in The most important point is that the limits in return for reduced costs for their points that no one will actually amendment compliments the soft television time. That is something we argue their point of view. Hence, I money ban. The bottom line of our leg- were unable to get a majority of the challenge them alone. islation is, we have to get rid of this Senate to support. That is not what We have other colleagues who have party soft money that is growing expo- this amendment does. This amendment come to the floor to make their case. I nentially. The reality, though, as the simply makes LUR effective and useful yield the floor. Senator DURBIN will be Senator from New Jersey has pointed in practice for candidates. available to speak to the Senate. out, is that in a post-soft-money world, I thank the Senator and appreciate Mr. DODD. Mr. President, I commend the amount of money available for a his very serious involvement in this my colleague from New Jersey, once candidate in party advertising will be campaign finance debate and, in par- again, for raising the arguments that significantly reduced. That is how it ticular, for this amendment that, as I are being circulated around the offices should be. That is what we must do. indicated, Senator MCCAIN and I tried

VerDate 21-MAR-2001 01:41 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.021 pfrm03 PsN: S21PT1 S2612 CONGRESSIONAL RECORD — SENATE March 21, 2001 for 5 years to finally get this bill on In April 1999, Common Cause, McCain’s pleased there have been no such the floor. We always said we have our strongest collaborator, made much of the charges made during this debate. It ideas, but we believe that if this bill is fact that from 1989 through 1998 the National produces an atmosphere that makes it Rifle Association had contributed $8.4 mil- brought to the floor of the Senate, the lion to congressional campaigns. However, more likely that we can better legis- Members of the Senate will make it a that was just two-tenths of one percent of late. better bill. Every one of us is an expert total spending ($4 billion) by congressional This is the second amendment offered on this issue. If we come out and have candidates during that period. How plausible in the last 24 hours that I think ad- an honest, open debate as we are hav- is it that NRA contributions—as distinct dresses some of the real problems in to- ing now, it will get better. The from the votes of 3 million NRA members— day’s campaign finance reform debate. Torricelli amendment is proof of that influenced legislators? The first problem that we addressed Common Cause made much of the fact that proposition. in the 10 years ending in November 1996, yesterday was the problem of the mil- The PRESIDING OFFICER. The Sen- broadcasting interests gave $9 million in lionaire candidate. It passed 70–30. It ator from Kentucky. hard dollars to federal and state candidates was an excellent amendment by Sen- Mr. MCCONNELL. Mr. President, I and in soft dollars to parties. Gosh. Five ator DOMENICI and Senator DEWINE and yield myself whatever time I may use. election cycles. Changing issues and can- Senator DURBIN that actually addresses I assure my colleagues from Con- didates. Rival interests within the industry a real problem we have in today’s cam- necticut and from Illinois it will be (e.g., Time Warner vs. Turner). And broad- paigns. casters’ contributions were only one-tenth of short. Now we have another amendment I have been very pleased by the de- one percent of the $9 billion spent by parties and candidates during that period. Yet, as that addresses a real problem. I com- bate so far on this subject and, frankly, Smith says, Common Cause implies that this mend the Senator from New Jersey for somewhat surprised. The comity in the minuscule portion of political money caused a thoughtful, well-researched, and, in Senate has been excellent. There has legislative majorities to vote for bills they my view, conclusive case, that the law been a total absence of unsubstantiated otherwise would have opposed, or to oppose that has been on the books for 30 years charges of corruption, which we had on bills they otherwise would have supported, requiring the broadcasters to sell can- the floor the last time this debate each time opposing the wishes of the con- didates time at the lowest unit rate came up. That is a step in the right di- stituents that the legislators must face again. ought to be complied with. None of us rection. As Smith says, to prove corruption one likes having to raise money. But it is On that subject, in today’s Wash- must prove that legislators are acting my view that it is better than getting ington Post, there was an interesting against their principles, or against their best it out of the Treasury. I assume we will article by George Will, a columnist. I judgment, or against their constituents’ debate later whether or not the tax- ask unanimous consent that the article wishes. Furthermore, claims of corruption payers ought to pick up the tab for our be printed in the RECORD. seem to presuppose that legislators should campaigns. If it is inconvenient for us, act on some notion of the ‘‘public good’’ un- There being no objection, the article it ought to come through our efforts, was ordered to be printed in the related to the views of any particular group of voters. not somebody else’s. RECORD, as follows: Although reformers say there is ‘‘too much As the Senator from New Jersey [From the Washington Post, March 20, 2001] money in politics,’’ if they really want to di- pointed out, and very persuasively, no DROPS IN THE BUCKET lute the possible influence of particular in- matter how many hours there are in a (By George F. Will) terests (the NRA, broadcasters, whatever), day, with the declining value of the they should favor increasing the size of the $1,000 contribution set in the 1970s, McCainism, the McCarthyism of today’s total pool of political money, so that any in- ‘‘progressives,’’ involves, as McCarthyism terest’s portion of the pool will be small. when a Mustang cost $2,700, and infla- did, the reckless hurling of imprecise accusa- And if reformers really want to see the ap- tion in the television industry, far be- tions. Then, the accusation was ‘‘com- pearance of corruption, they should examine yond the CPI—coupled with an appar- munism!’’ Today it is ‘‘corruption!’’ Pan- what their reforms have done, have tried to ent unwillingness that we have all ex- demic corruption of ‘‘everybody’’ by ‘‘the do and have not tried to do. perienced in our States of broadcast system’’ supposedly justifies campaign fi- Smith notes that incumbent reelection nance reforms. Those reforms would subject stations to cover campaigns in the rates began to rise soon after incumbents news—we are, in effect, blacked out in the rights of political speech and association legislated the 1974 limits on contributions, to yet further government limits and super- which hurt challengers more than well- terms of earned coverage. vision, by restricting the political contribu- known incumbents with established financ- The need for commercials is critical tions and expenditures that are indispen- ing networks. After 1974, incumbents’ fund- and essential. So what the Senator sable for communication in modern society. raising advantages over challengers rose from New Jersey is saying is, let’s The media, exempt from regulations they from approximately 1.5 to 1, to more than 4 apply the law, as originally written, advocate for rival sources of influence, are to 1. correctly. Give candidates for public mostly John McCain’s megaphones. But con- Early 1997 versions of the McCain-Feingold sider how empirically unproved and theoreti- and Shays-Meehan reform bills would have office an opportunity to get their mes- cally dubious are his charges of corruption. set spending ceilings—surprise!—just where sage across. I think it is an amend- What McCain and kindred spirits call cor- challengers become menacing to incumbents. ment, the passage of which is necessary ruption, or the ‘‘appearance’’ thereof, does Shays-Meehan set $600,000 for House races. if we are going to address one of the not involve personal enrichment. Rather, it Forty percent of challengers who had spent real problems in the current campaign means responding to, or seeming to respond more than that in the previous cycle won; finance system. to, contributors, who also often are constitu- only 3 percent of those who spent less won. This is something of a historic mo- ents. However, those crying ‘‘corruption!’’ In 1994, 1996 and 1998, all Senate challengers ment. I think Senator MCCAIN, Senator must show that legislative outcomes were lost who spent less than the limits proposed changed by contributions—that because of in the 1995 and 1997 versions of McCain-Fein- FEINGOLD, and I are going to be on the contributions, legislators voted differently gold. same side of an amendment. Come to from the way they otherwise would have There are interesting limits to McCain’s think of it, it is the second time. done. enthusiasm for limits. His bill does not in- I commend the Senator from Wis- Abundant scholarship proves that this is clude something President Bush proposes—a consin, also, for his consistent opposi- difficult to demonstrate, and that almost all ban on lobbyists making contributions to tion to amending the first amendment legislative behavior is explainable by the legislators while the legislature is in session. legislators’ ideologies, party affiliations or Such a limit would abridge the freedom of for the first time in 200 years. He and I constituents’ desires. So reformers hurling incumbents. Campaign finance reform is have been on the same side of that charges of corruption often retreat to the about abridging the freedom of everyone but issue over the years. This will be the charge that the ‘‘real’’ corruption is invis- incumbents—and their media megaphones. second time we have been on the same ible—a speech not given, a priority not Mr. MCCONNELL. It was on the side. I think it bodes well as we move adopted. That charge is impossible to refute whole subject of unsubstantiated forward in this debate. by disproving a negative. Consider some cor- In my judgment, we are actually im- ruption innuendos examined by Bradley charges of corruption. Smith, a member of the Federal Election In my view, as I have said in the proving this bill. I hope we will make Commission, in his new book ‘‘Unfree past, and repeat again today, when peo- other improvements as we go along. I Speech: The Folly of Campaign Finance Re- ple make those kinds of charges, they intend to support the Torricelli amend- form.’’ need to back them up. I am quite ment. I commend the Senator from

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.024 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2613 New Jersey for a completely well-re- special interests. I think they are on vision stations have become a killing searched, documented case that ad- the right track to clean up the money field, because they have taken the law, dresses one of the real problems we going into political campaigns. But the which said we are going to favor can- have in American politics in the year important thing to remember is that didates in public discourse of issues, 2001. just dealing with the supply side, if you and have turned it upside down so that Mr. President, I yield the floor. will, of political campaigns, the candidates, frankly, end up paying dra- The PRESIDING OFFICER. The Sen- sources of campaign contributions matically more than the lowest unit ator from Illinois is recognized. misses the point. rate. The cost to the campaign sky- Mr. DURBIN. Mr. President, I don’t Do you want to really reform polit- rockets, and then candidates, incum- know if I need specific time yielded. I ical campaigns in America? You can’t bents and challengers alike, scramble, ask for 20 minutes. even have a serious conversation about beg, and plead for people to give them The PRESIDING OFFICER. The time that, unless you address the role of tel- money so they can give it right back to of the proponents has expired. evision. Television used to be a tiny the television stations. Mr. MCCONNELL. I had yielded the part of political campaigns, but it has That is why the Torricelli amend- Senator 20 minutes. grown almost out of control. ment, of which I am a cosponsor, is so Mrs. BOXER. If my friend will yield Take a look at these numbers—polit- important. It addresses the demand for a moment, I wonder if the Senator ical advertising on broadcast tele- side of political campaigns—not just from Kentucky will give me 5 minutes vision. Starting in 1970, network ex- the supply side, where the money at the conclusion of Senator DURBIN’s penditures were $260,000. Come down to comes from, but how the money is time. I would appreciate it. the year 2000, 30 years later, and it is spent. Sadly, as we get closer to elec- Mr. MCCONNELL. I will be happy to $15 million-plus. Station TV used to be tion day and the demand for their TV do that. about $12 million in the 1970 cycle. Now ads goes up, these stations raise their The PRESIDING OFFICER (Mr. we are up to $650 million. The total ex- rates dramatically. BUNNING). The Senator from Illinois is penditure for the year 2000 was esti- A gentleman by the name of Paul recognized. mated to be some $665 million. Well, Taylor, who used to write for the Mr. DURBIN. I thank the Senator the Alliance for Better Campaigns Washington Post, created a group from Kentucky for graciously allowing came out and said it was going to be called Alliance for Better Campaigns. me to speak. between $771 million and $1 billion He enlisted the support of a lot of great Back in the early 1960s, Newt Minow, spent on television by political cam- people, such as former President Ford; of Chicago, was named Chairman of the paigns. former President Carter; Walter Federal Communications Commission So what we have, in fact, are efforts Cronkite, the legendary CBS news com- by President John Kennedy. He came by candidates of both political parties mentator; and a former Senator from up with a phrase to characterize tele- to raise money to give to television Illinois, Paul Simon. vision at that moment in our history, and radio stations in an effort to get This public interest group said let’s which has become legendary. Newt your message out to the American peo- take a look at television with regard to Minow called television in the early ple. When we created these stations public information and whether it is 1960s, ‘‘the great wasteland.’’ He took a and we acknowledged that the public doing its job. I was in one of their look at what was available on tele- owned the airwaves, we also said when meetings in Chicago. They brought in vision and suggested that the Amer- it came to political advertising, can- the managers of TV stations and said: ican people deserved better. It trig- didates would be treated differently We noticed you are not covering cam- gered a national debate for reform and than other advertisers—something paigns, unless the candidates pay for creative thinking about the role of tel- called the lowest unit charge. We basi- it, on your stations. What Mr. Taylor evision. cally said that if there was a bargain at did was to invite the radio and TV sta- I say today, if you look at the role of the TV station, the bargain should be tions to take a 5-minute segment dur- television in this debate on political given to the political candidate. That ing the last week or two of the cam- campaigns and public issues, television is in the interest of sharing informa- paign and make it available for some is not just a great wasteland, television tion on public issues, but also in keep- public debate and public discourse has become a killing field because the ing the cost of political campaigns about the issues. people who run the television stations, under control. Sadly, after we take a look at the the networks and local broadcasters, But, sadly, though the law required, participation in it, very few stations have forgotten the bottom line: their as of 1971, that the lowest unit charge got involved in Mr. Taylor’s request. responsibility to the American people. be charged to candidates in their cam- Let me tell you some of the statistics You see, they are selling a product. It paigns, the fact is that candidates are they developed. The political coverage is something they create; it is pro- paying more and more. Why? Because of these stations shows the result of an gramming—the types of things we like if you go to a television station in Chi- analysis of political ad costs in all top to watch on television, such as sports, cago, or in Springfield, IL, and say you 75 media markets. news, and entertainment. But their want to buy a 30-second ad right before The alliance advocates scrapping the business is different than any other. the newscast the night before the elec- lowest unworkable lowest unit charge The way they sell their product is on tion, they will say: Senator, great. We and requiring the industry to open the something that we as Americans all will be glad to sell you that ad. Inci- airwaves. When they were asked to do own—the airwaves. The television sta- dentally, if we only charge you the it voluntarily, the stations did not tions don’t own the airwaves. We tell lowest unit rate, the bargain basement, comply. them: You can rent the airwaves; you sadly, if anybody comes and offers a These stations steer candidates to- can lease the airwaves, and we will li- dollar more for that ad, we knock you ward premium rates. They pay the cense you to use the airwaves, but we off the air. highest amount. They are shut out of expect you to do it in a responsible Well, there isn’t a political candidate air time. way. with any good sense that will agree to America is different in this regard. Today we are engaged in a debate— that. If you are going to be knocked off Many countries make this time avail- and all this week—on campaign finance the air right before the news and they able to their candidates so they can reform. Many people have suggested put you on right before the Pledge of have literally free access to television changes that are significant. I salute Allegiance and the Star-Spangled Ban- and radio, but in America you have to Senators FEINGOLD of Wisconsin and ner at the end of the night, you have pay for it. We do not provide free air MCCAIN of Arizona. I have been a co- lost everything. Your market doesn’t time. The cost, of course, is going sponsor of the bill. They are talking have the benefit of all the good things through the roof. about the sources of money that go you have to say. Let me give an illustration of how into political advertising. We all know What candidates are doing is not pay- bad it is using one market in which I that the sources have become scan- ing the lowest unit charge, they are have to buy advertising, and the mar- dalous in size and, frankly, in their paying the inflated charges. The tele- ket is in St. Louis. St. Louis is one of

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.025 pfrm03 PsN: S21PT1 S2614 CONGRESSIONAL RECORD — SENATE March 21, 2001 the toughest markets in which to buy Under the current rules of raising the airwaves are used in a manner that advertising. There are some radio sta- money, I can ask a contributor to give serves all the people in this country, tions there which will only sell you me up to $1,000. So in order to run ad- not just serving the needs to make a four or five ads a week. They limit you. vertising in one area that serves the profit. Sadly, that is what has been You cannot buy any more. State of Illinois, I have to get 186 peo- done too many times in the past. Listen to what we found when we ple to give me $1,000. Obviously, when I hope we will see an increase in went to a major network affiliate in one considers the entire State of Illi- voter participation, but I hope we will St. Louis and compared some of the nois and the campaign everyone is fac- also see an increase in interest in pub- charges they made in the last election ing, one can see how the cost of these lic issues by the networks and by the cycle with what they charged just a campaigns is going through the roof. local stations. It is not enough for few weeks later. A $200,000 media buy buys a few 30- them to say that a few times, in what The cost of nonpreemptible time—in second slivers of time to get ideas and might not even be prime time before an other words, you get a set time which views out on the public airwaves. It election campaign, they are going to is guaranteed—was four times higher takes just a moment to purchase it, make their station available so there than preemptible time. Take the low- and if a person gets up to get a sand- can be a debate among the candidates. est unit charge which candidates are wich in the kitchen, they miss that 30- It is not enough that they will give us supposed to get, and then if you want second ad. It requires asking 4,000 peo- the Sunday morning opportunities to to make sure you get the time you ple to make a $50 campaign contribu- talk on the shows. As good as that is, asked for, at this station you are going tion. that just does not make it in terms of to pay up to four times as much for Former Senator Bill Bradley said a selling products—they know that—and that nonpreemptible time. few years ago: in terms of convincing voters as to On the early morning weekday news Today’s political campaigns function as what we have at stake in these elec- shows, the rate that this station collection agencies for broadcasters. You tions. I think it is time for these net- charged after the political campaign simply transfer money from contributors to works and television stations to be was over went down 55 percent from television stations. part of campaign finance reform. The the political campaign time. During It is interesting to me that as we original version of the McCain-Fein- noon weekday news, the rate went spend more and more money on tele- gold bill included this reform, included down 66 percent in the weeks after the vision in these campaigns, as we do our efforts to address the television and election campaign. best to get our message out, our mar- radio costs which candidates face that The story goes on. Weekday evening ket—the voters of America—has re- was taken out of the bill for reasons I news took 3.3 times the amount to buy sponded by refusing to vote. don’t know, but it should be brought a nonpreemptible ad, and then as soon If you ran a company and said, ‘‘We forth. as the campaign was over, they are not selling enough of our product, If we are going to have real campaign dropped the overall rate 38 percent. On let’s increase the marketing budget’’; finance reform, then we definitely have week night news at 10 o’clock in St. and after a quarter or two, you brought to make sure we are getting candidates Louis, they dropped it 45 percent. On in the marketing department and said, an opportunity to purchase time at af- the Sunday a.m. news talk shows, as ‘‘How are you doing?’’ and they said, fordable rates. Otherwise, we are going soon as the campaign was over, adver- ‘‘We have doubled the marketing budg- to find the cost of campaigning con- tising costs went down 66 percent; the et’’; you went to the sales department tinuing to skyrocket and the sources of Sunday p.m. local news, 25 percent. and asked, ‘‘How are you doing?’’ and The television stations and the net- money for candidates drying up as we they said, ‘‘Sales are down’’—that is work affiliates are gaming the system. cut off soft money, as we cut off other what is happening in political cam- They understand that candidates are sources. I think this amendment is desperate for time. They understand paigns. The marketing budget is in- critically important. that if they tell them it is preemptible, creasing, but we are not making the When they asked these stations how they will pay more, and then as soon as sales to the American people. They are much time they would give of their the campaigns are over, we see these not buying what we are selling. own time during the course of the cam- dramatic decreases in the cost of this Why? Because, frankly, the whole paign in a survey, it is interesting television time. process has been tainted. It has been what they found. A national study re- That is why it has become a killing tainted by the expense, by the involve- leased by the University of Southern field. They run up the rate cost for the ment of special interest groups, and by California’s Norman Lear Center, on candidates, and they refuse to cover the fact that so many candidates, my- February 5, 2001, of 74 local stations, the campaigns. They have really for- self included, spend so many waking found that the typical local television gotten their civic responsibility that hours trying to raise money to launch station spent less than 1 minute of air the airwaves belong to the American an effective campaign such as in a time a night on candidate discourse in people. As a consequence of that, we State as large as the State of Illinois. the final month of the 2000 campaign— are seeing a phenomenon in American This amendment is an important step less than a minute. politics which we cannot ignore. forward because here is what it does: The study found all but one local sta- A lot of people are going to argue This amendment says that we are tion failed to meet a voluntary public later about how much money we should going to eliminate class distinctions industry standard that they air 5 min- be able to raise. But keep in mind that for air time for candidates under the utes a night of candidate-centered dis- if we are raising money to pay for elec- current statute. We are going to make course in the 30 nights before the elec- tronic media—television—the cost of time purchases nonpreemptible, we are tion. Stations in the survey that indi- that media, according to a media buyer going to allow political parties the cated they would try to meet the I contacted, goes up 15 to 20 percent benefit of the lowest unit charge, and standard, which was just 7 percent of every 2 years. So your campaign needs we are going to require random audits the Nation’s 1,300 local stations, aver- to raise 15 to 20 percent more funds to in designated market areas to check aged 2 minutes and 17 seconds a night. do exactly the same thing you did on compliance. They are paying no attention what- television 2 years ago. If you are run- We cannot say to the TV station how ever to elections and campaigns unless ning for the Senate, in a 6-year period much it charges, but we can say they the candidates show up with money in of time you can see a 60-percent in- cannot run their ad rates up right be- hand and are prepared to pay the out- crease in your television cost. fore an election, as so many stations rageous charges that have been leveled Let me give an example in St. Louis have done, and then drop them precipi- against them in terms of these can- again. A moderate television buy in St. tously as soon as the election is over. didates. Louis runs about $186 a point. A point All of this money going to television National broadcast networks didn’t is the way they measure the audience. stations from political campaigns is, do much better. They averaged 64 sec- A 1,000-point buy for a week of spots— frankly, good for their business, but it onds a night per network of candidate that is about 30 or 40 30-second ads a is not good for America. Let us remem- discourse in the final month of the 2000 day—will cost you $186,000. ber our responsibility: to make sure campaign.

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.028 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2615 It is no surprise the broadcasting in- that is, in fact, the law. However, it is derlying bill. This is one of those dustry, which has profited so much a little bit similar to airline seats. If amendments. It strengthens the under- from political campaign spending, also you see airline seats advertised, they lying bill. It makes it even better. It vigorously resists any campaign fi- say we have a special fare from Los An- gets at a situation that is out of con- nance reform which touches them. The geles to New York; it is really cheap, trol. I will be supporting this amend- media industry, since 1996, has spent $100. Call up and they say: Sorry, those ment. over $111 million lobbying Congress, seats are sold. Therefore, you have to Mr. President, I yield the floor. partly to block campaign finance re- spend $1,000. It is a little bit similar. The PRESIDING OFFICER. The Sen- form bills that included any kind of When we went to the broadcasters ator from Nevada is recognized for 5 discounted or free candidate air time. and asked to buy time and asked for minutes. The number of registered media-re- the lowest rate, which is required by Mr. ENSIGN. Mr. President, what we lated lobbyists has increased from 234 law, they would say: Absolutely, we are talking about on this amendment in 1996 to 284 in 1999. The amount spent will give you that rate. But be warned, is something called the lowest unit rose in 1999 to $31.4 million, up 26.4 per- if someone else comes along and wants rate. The spirit of the law that was cent from the 1996 amount. This is big to pay more, you cannot retain that passed was that candidates could have business. This is big profit. They have spot. the lowest unit rate charged to them a lot at stake. Again, everyone knows if you are by broadcasters so campaigns would be I hope at the end of this debate we running for the Senate you need to less expensive and candidates could get will enact this amendment, an amend- reach people when they are up and their message out to the masses. ment I have cosponsored with Senator about. Otherwise, it doesn’t pay. If you The Senator from California just TORRICELLI, Senator CORZINE, and Sen- say, fine, bump me to another spot, talked about how expensive it is in her ator DORGAN. If we do not address the you could be having your commercial State to advertise. I cannot even imag- real costs of campaigns, the demand aired at 3 o’clock or 4 o’clock in the ine, coming from a State like Nevada side of the ledger, we are not going to morning. Not that many people will see with only 2 million people, what it is serve the need of real campaign finance it. So they have you in a very difficult like in a State like California with 34 reform. situation. million people. But I can tell you, hav- I yield the floor. Los Angeles is the second most ex- ing been through 4 campaigns in the The PRESIDING OFFICER. The Sen- pensive media market. Senator last 8 years, that advertising costs on ator from Kentucky. TORRICELLI’s chart shows basically the television have skyrocketed. The State Mr. MCCONNELL. I ask unanimous average 30-second spot is almost $35,000 of Nevada, during that same 8-year pe- consent that a vote on the pending in a good time slot. By the way, I once riod of time, grew by approximately 50 amendment occur at the expiration of wanted to buy a couple of slots, and I percent. It was the fastest growing the period of time beginning with 5 was told it was $50,000, but let’s just State in the country. So you would ex- minutes of the remarks by the Senator say about $35,000. Under the Torricelli pect television time to go up by a sig- from California, 5 minutes of remarks amendment, it comes down 75 percent. nificant amount—maybe by 70 percent by the Senator from Nevada, and 7 That is a very big difference. or 80 percent, as it has in other parts of minutes under the control of the Sen- The fact is, this is a very good the country. But in Nevada, even ator from Connecticut. amendment. I am very much for the though we have only grown by 50 per- The PRESIDING OFFICER. Without McCain-Feingold bill. I will be opposed cent, our advertising rates have gone objection, it is so ordered. to amendments that I think are not up by as much as 300 percent to 400 per- The Senator from California is recog- good amendments, are not meritorious cent. That is at least 6 times faster nized for 5 minutes. amendments, and cannot be defended than the rate the population has Mrs. BOXER. Mr. President, I thank and might make this veto bait. It grown. my colleague from Kentucky for yield- would be hard to imagine that George My first congressional campaign was ing. W. Bush could look at what the broad- the most expensive congressional cam- I strongly support the amendment casters are doing to candidates, some paign ever in the State of Nevada. I being offered today by Senators of whom are struggling very hard to spent around $700,000, and my opponent TORRICELLI, CORZINE, DURBIN, and DOR- get the money they need, and will take spent around $800,000. Now a typical GAN. the side of the broadcasters who are congressional race in the State of Ne- We learn best when involved in the laughing all the way to the bank, nod- vada will cost somewhere between $1.5 middle of a situation. Anyone who runs ding their head, saying: We really got to $2 million. That is a significant for office from my State of California them this time. change of cost in just 8 years. And al- knows it is all about television. In its I have good relationships with the most every dime of that increase has wisdom, our founders said if you come communications industry in my State, come from the increase in the cost of from a State that has 500,000 people, good relations with the TV people, the television advertising. you get 2 Senators; you come from a radio people, but I have asked over and The broadcasters were just visiting State that has 34 million people, like over again, how can they sleep at night me back here in Washington D.C. and my State, you get 2 Senators. It is very knowing what the people who own air- we had a discussion about the lowest difficult in a large State to personally waves in this country get so people can unit rate and what that means for a meet but a very small percentage of find out what candidates stand for. It congressional campaign. During my the people. So we must rely on tele- is almost impossible unless you are first campaign we bought time for the vision. That is the only way. independently wealthy or just raise most part on the lowest unit rate. But What has happened, and the chart huge sums of money. in the last couple of campaigns, can- shows this, in California, the broad- So to close this statement, I say didates have not been able to use the casters have taken tremendous advan- again how strongly I support the un- lowest unit rate because when you tage of this situation. To say the costs derlying bill and how much I respect place an ad, that ad is probably going are unreasonable is an understatement. Senators MCCAIN and FEINGOLD. I will to be bumped by a higher paying cus- They are confiscatory. They are taking be voting against most amendments. tomer. There is so much competition 80 percent or 90 percent of our budget The PRESIDING OFFICER. The Sen- for certain time slots on television after we pay our overhead. TV was so ator’s 5 minutes has expired. that those commercials always get expensive in my last race I couldn’t Mrs. BOXER. I ask for 20 more sec- bumped, and what you end up with is even afford to have much radio. I didn’t onds. terrible placement and you do not get even have any left over for radio. I The PRESIDING OFFICER. Without your message out to the people you are raised $20 million and huge sums went objection, it is so ordered. trying to reach. to television. Mrs. BOXER. In closing, which I My advisers in the last two cam- The facts are, when we approached would have done if I had the oppor- paigns have insisted we not buy the the TV stations, we thought we were tunity, I believe there are certain lowest unit rate because you cannot di- entitled to get the lowest rate because amendments that strengthen this un- rect your message to the people to

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.031 pfrm03 PsN: S21PT1 S2616 CONGRESSIONAL RECORD — SENATE March 21, 2001 whom you want to direct it. So we are have been laid out about as clearly as countryside, set up a little platform, always forced to buy the most expen- possible. There is clearly a loophole, to visit with constituents, make a speech, sive slot in order for our message to be put it mildly—maybe something more keep on going, and reach most of the effective. In addition, at the end of a serious occurs—when the lowest unit people who were going to vote for you campaign cycle, the broadcasters’ rates rate is not being recognized in major or make a decision on an important skyrocket. media market after major market all issue. Those days are long gone. The The broadcasters used to dread cam- across this country, thus raising the television broadcast networks know paigns because that was the time of cost of campaigns. they are the means by which we must year they made the least amount of Part of the idea was, of course, to communicate. money because of this lowest unit rate. have the lowest unit rate so people’s I think this amendment is not only Now it is one of their favorite times of voices could be heard during election fair but long overdue. I commend the the year because it is actually one of season to hopefully enlighten and edu- Senator from New Jersey for bringing their highest profit margin times of cate the public about the choices they it to the floor. I hope the television in- year. This certainly was not the intent would make. I do not want to say that dustry recognizes that there is an ef- of the legislation that brought about is necessarily what occurs in every 30- fort to not just have a level playing the lowest unit rate. second or 1-minute ad that the public field but fulfill what many of us So I applaud the Senators who are is subjected to, but nevertheless the thought was the bargain; that when we bringing this amendment to the floor. I idea is the unit cost would be the low- use the public airwaves for commu- add my support to this amendment. est rate so the cost of campaigns would nications—and those communications Before I yield the floor I want to ad- not get out of hand, which obviously are basically controlled by the compa- dress one final issue. Broadcasters have what has occurred in the last few nies that have been given, in my opin- the airwaves for free, and the justifica- years. ion, the privilege of having those air- tion for this is that they provide a very The charts Senator CORZINE used, waves—that there has to be some way important public service to local com- and Senator TORRICELLI, showed the they give back to keep the first amend- munities by providing news and local exponential growth in the cost of cam- ment alive, to keep democracy going. I politics. paigns. While there are a lot of reasons am just so pleased that we are going to I talked to the Nevada broadcasters that has occurred, there is no reason have a chance to vote on it. about this last week. While I would say any more clear than the rising cost of I thank my good friend from Con- in this election their coverage im- television advertising. necticut for yielding some time so that proved—and more of the campaigns I note the arrival of my colleague I could weigh in on the importance of were covered during this time it was and friend from New York who would this issue. still pathetic. like to be heard on this issue as well. I Mr. DODD. Mr. President, there was When you consider how much time is commend her for her support of this as one other Member who wanted to be spent on a sensational television story, well and thank the authors of this heard. He is not here. I am going to as compared to the time spent on a amendment. This is really an impor- yield back the time, and I ask for the message or a story that actually af- tant piece of this bill. yeas and nays. fects the lives of the vast majority of If we are going to try to keep down The PRESIDING OFFICER. Is there a people in our States, I think you will costs, keep down the rising costs of sufficient second? agree that many of these local broad- campaigns, we have to address this Mr. MCCONNELL. Mr. President, if casts across the country spend a small issue. The Senator from New Jersey the Senator will withhold for just a percentage of their time actually deliv- has done that with this amendment. moment, we wondered if Senator ering important public service to the I am happy to yield 3 or 4 minutes to BURNS wanted to speak. He may be communities. my colleague from New York. walking through the door momen- So I think it is the responsibility of Mrs. CLINTON. Mr. President, I tarily. the broadcasters to not only accept thank my good friend from Con- I suggest the absence of a quorum. what we are trying to do with the low- necticut. I also thank Senators The PRESIDING OFFICER. The est unit rate, and the spirit of the law TORRICELLI and CORZINE for bringing clerk will call the roll. of the lowest unit rate, but also we this important issue to the forefront of The legislative clerk proceeded to need to call on the broadcasters to this debate because clearly we are not call the roll. cover more of our politics, so that we going to be able to have the kind of Mr. LEVIN. Mr. President, I ask get more people involved in the polit- campaign finance reform that many of unanimous consent that the order for ical system. us are hoping will come out of this the quorum call be rescinded. The PRESIDING OFFICER. The 5 process if we do not address the most The PRESIDING OFFICER. Without minutes of the Senator has expired. expensive aspect of modern-day cam- objection, it is so ordered. Mr. ENSIGN. I ask unanimous con- paigns. Mr. LEVIN. If the Senator from Con- sent for another 20 seconds. As we all know, that is the adver- necticut has any time The PRESIDING OFFICER. Without tising that we have to do in order to The PRESIDING OFFICER. All time objection, it is so ordered. communicate with voters about where has expired. Mr. ENSIGN. To close on this, even we stand on issues. It is a particular Mr. LEVIN. Are we waiting for an- though I believe the broadcasters have challenge in large States. But it is a other speaker? made progress in my State, we need to national one that all of my colleagues Mr. MCCONNELL. The Senate has keep the pressure on them because we face. been waiting for a minute. Why not ask are seeing such a low voter turnout. If The Torricelli amendment, which unanimous consent to speak for a we cannot get our message as can- would amend the Communications Act minute or two. didates to the general public, we can- of 1934, would require that the lowest Mr. LEVIN. I appreciate the usual not get them inspired to come out and unit rate be provided to committees of courtesy of my good friend from Ken- participate in elections. political parties or candidates pur- tucky. I yield the floor. chasing time. I think that is in the Mr. President, I ask unanimous con- The PRESIDING OFFICER. The Sen- best interest of our democracy. I cer- sent that I have 2 minutes. ator from Connecticut is recognized. tainly believe it is the kind of reform The PRESIDING OFFICER. Without Mr. DODD. Mr. President, I am ex- that goes to the real heart of what the objection, it is so ordered. pecting a couple of Members who asked money chase is all about. Mr. LEVIN. Mr. President, I com- to come over and be heard. I think a lot of us would like to be mend the Senator from New Jersey, Just to conclude, it is an encouraging able to turn the clock back to the days and the managers of the bill who I un- sign we have heard nothing but strong that some of our colleagues can re- derstand are supporting the amend- support for the amendment offered by member, but for most of us, we just ment. I think it takes an important our colleague from New Jersey. I think read about it, where you could literally step towards reducing the money chase the argument is quite clear. The facts go out into a town square or out in the and leveling the playing field.

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.033 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2617 First, the money chase will be re- which is free broadcast time across the University of Kentucky. So they want duced somewhat because so much of board and some way to fulfill the polit- to have a fundraising drive, and the the money which has been raised goes ical obligations of communications station says, this is a low time of the into television. The more reasonable that I think our society so desperately year, so, yes, we will give you good these ads are and the closer they come needs without having the charges at- rates. And maybe this is in April or to the lowest rate, which is supposed to tached to it that we currently are expe- maybe it is in January when time is be provided for anyway under existing riencing. pretty cheap because the demand is not law, the less demand there will be for I know in 1997 when the FCC doubled very large. money in order to get a minimum mes- the amount of the spectrum it licensed What we are saying is, we want to sage on television. to television broadcasters, I joined have that rate for politicians in Octo- I think it does some real good in with many others in recommending ber and early November, when maybe terms of reducing the case for huge that 5-minute, voluntary, candidate- the demand is very great. The rates amounts of money for campaigns. centered discourse during the 30 days might be four times as much, three Second, it attempts to level the play- leading up to the campaign. We know times as much. You have the new ing field a bit because the less funded that is not happening. shows on TV. candidates will have a greater oppor- I think we need to do more to provide I look at this, and maybe it sounds tunity, as the television rates are less, free air time for political candidates. I kind of nice. Somebody says this is to have at least a minimum message on hope we will not only pass this amend- really enforcing what the existing lan- television that they are able to fund. ment but go on to consider other ways guage is. I say hogwash. This amend- I think leveling the playing field is we can make air time more readily ment is worth millions, and everybody also something we are trying to do in available. If it were in my power, as should know it. This amendment is the legislation before us. Santa Claus, to give that gift to the worth millions to candidates. The existing law and spirit of the law American people, I would certainly do I question the wisdom of doing it, provide that the lowest unit charge of it. But I am going to try to make that saying we should have lower rates than the station is supposed to be provided case in addition to supporting this very anybody else in the country. And, oh, in the 60 days preceding the date of the worthy amendment. incidentally, Mr. Broadcaster, we poli- general election and 45 days preceding I thank the Senator from Kentucky ticians want to check your rates for the primary. for yielding me time. that entire year, and we get the lowest This amendment just carries out The PRESIDING OFFICER. The Sen- of anybody. Of anybody, anytime, we what is clearly the spirit, purpose, and ator from Kentucky. get the lowest. We are special. I ques- intent of the existing law, and again I Mr. MCCONNELL. I ask unanimous tion the wisdom of it. I am going to commend the Senator from New Jersey consent that the distinguished assist- support some amendments to help this for bringing this forward and for those ant majority leader have 5 minutes bill. I do not doubt that this amend- who have indicated their support for it, prior to the vote. ment is going to be adopted, but I cer- including, I understand, both Senators Mr. TORRICELLI. If the Senator tainly question the wisdom of it. MCCAIN and FEINGOLD. would yield, could I have 1 minute, Some people said: Let’s just have free Mr. MCCONNELL. Mr. President, the then, before the vote, just to close on time. This is a gift. This may not be Senator from Oklahoma wishes to my amendment? free time, but this is a gift that may be speak for a couple of minutes. We ex- Mr. MCCONNELL. Sure. Then the greater than free time. pect him to walk in the door momen- vote will occur 6 minutes from now, Some people say: Maybe we should tarily. At the end of his 2 minutes, it is and will be followed by an amendment have free time for candidates of so our intention at that point to go to a by the Senator from Minnesota, Mr. many minutes or so many hours, and vote. WELLSTONE. so on. This is an amendment worth a Mrs. CLINTON. Mr. President, may I I yield the floor. lot more than that. So our colleagues ask unanimous consent to supplement The PRESIDING OFFICER. Without should know that. Because rates vary my earlier remarks? objection, it is so ordered. significantly throughout the year, and The PRESIDING OFFICER. Is there The Senator from Oklahoma. we are saying you get the lowest rates. objection? Mr. NICKLES. Thank you very much. I guess if a person is going to buy a Without objection, it is so ordered. I thank my colleagues for their co- rate in August, that is one thing; so we Mrs. CLINTON. Thank you very operation. I understand my colleagues check the last 365 days, and then if you much. are ready to vote and that they have are going to buy an ad in October, we Mr. President, I didn’t realize it until held the vote off so I could make a few have to check the last 365 days to see if after I spoke, but my good friend, Sen- comments. I appreciate that. there is a lower rate. ator TORRICELLI from New Jersey, gave I am going to speak against this I think this amendment is very well me one of the articles he read into the amendment. I heard everybody say intended. But, in my opinion, this RECORD that I have yet a new title; they are for it, so I am sure this amendment should not be adopted. that is, ‘‘Modern Day Santa Claus.’’ amendment will be adopted. But my The PRESIDING OFFICER. The Sen- I was given an article that was writ- guess is, this amendment should be ator from Alaska. ten by Paul Taylor about broadcasters classified as ‘‘the million-dollar gift to Mr. STEVENS. Mr. President, what and their desire to have political ad- Senators’’ and maybe for Senate can- is the time circumstance? vertising. didates. The PRESIDING OFFICER. There is I was delighted to learn that I am a This is a big gift. This is a gift. In 1 minute remaining for the Senator beautiful thing like Santa Claus be- reading the language it says: from Oklahoma. cause the campaign I ran brought, I . . . to such office shall not exceed the low- Mr. NICKLES. I yield the Senator guess, great beauty and good cheer to est charge of the station (at any time during from Alaska whatever time I have re- the broadcasters of my State. the 365-day period preceding the date of the maining. I would like to add to my previous use) for the same amount of time for the The PRESIDING OFFICER. The Sen- comments in support of this amend- same period. ator from Alaska. ment that I think this is a good start What that means is, we get to buy Mr. STEVENS. I rise to agree with to ensure that the spirit of the current ads at the lowest rate that the station the Senator from Oklahoma. This law is enacted and implemented. But I charged anybody anytime during the amendment in my State is going to be think we should go further. And later past year. catastrophic. We have many small sta- in the debate I hope we will have a These are political ads. Some sta- tions that survive on mass marketing chance to talk about even going fur- tions may have lower rates because throughout the year at low rates. This ther, to perhaps legislate the 5 minutes they want to do something to help a will mean they will have to provide that has been suggested by a number of charity. Maybe they want to be kind to those of us who are candidates with the people as being free air time, and even a university and raise money, and same rates. It makes no sense to me at to have a debate on an issue I support, there is a fundraising drive, such as the all. I think it is an invasion of the

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.036 pfrm03 PsN: S21PT1 S2618 CONGRESSIONAL RECORD — SENATE March 21, 2001 rights of the people who operate these The PRESIDING OFFICER. The especially incumbents, as we are here, small independent stations. clerk will call the roll. who have access to the news every I agree with what the Senator from The bill clerk proceeded to call the night. Oklahoma said. It is a benefit to can- roll. The PRESIDING OFFICER. The Sen- didates. If people are meaning to kill Mr. BURNS. Mr. President, I ask ator’s time has expired. this bill, this is one way to do it. unanimous consent that the order for The Senator from California is recog- Mr. LEAHY. Mr. President, I am the quorum call be rescinded. nized for 1 minute. pleased to be able to support the The PRESIDING OFFICER. Without Mrs. BOXER. Mr. President, we are amendment offered by Senators objection, it is so ordered. not asking anyone to lower their rates. TORRICELLI, CORZINE, and DURBIN. I be- Mr. BURNS. Mr. President, I ask That is a misstatement of the amend- lieve that allowing candidates the op- unanimous consent to be recognized for ment. The Torricelli amendment sim- portunity to let their message be just 1 minute. ply says current law should be fol- known to the public, through tele- The PRESIDING OFFICER. Is there lowed. Current law says the lowest rate vision ads, without having to raise an objection? should apply. May I remind my friends, obscene amount of money to finance Mrs. BOXER. Reserving the right to the airwaves are owned by the Amer- those advertisements is a needed step object, and I will not object, people ican people. People get a license. The toward truly reforming our campaign keep coming and getting more time. airwaves should be open to the Amer- finance system. During the 2000 elec- That is fine. But I think we need to re- ican people. tion broadcasters’ advertising prices serve another matching minute be- In California, they give us 10 percent soared precisely when airtime was cause now the opponents are coming to at the lowest rate, and 90 percent of it most valuable to candidates. Due to the floor laying out their arguments. is at the highest rate. You cannot get this dramatic increase in prices the People are coming to the floor. So if your message out. broadcasters earned record profits from Senator BURNS is speaking against this This amendment is a clarification of political advertising. amendment, I ask unanimous consent existing law. It strengthens McCain- David Broder of the Washington Post that I have 30 seconds to respond to his Feingold. If you vote against this, it is articulated the need for TV advertising comments. just a signal to the broadcasters to price relief. He writes, ‘‘Common sense The PRESIDING OFFICER. Is there keep on ripping us off and all the tells you that if the TV bill remains an objection? money will go to TV. . . . exorbitant, politicians will con- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The time tinue the ‘money chase’ under any object. I am on the same side as the of the Senator has expired. rules that are in place.’’ The rules to Senator from California on this issue. The question is on agreeing to the which Mr. Border refers are the rules It seems to me the Senator from Mon- Torricelli amendment No. 122. The yeas drafted in the campaign finance reform tana is not unreasonable to ask for a and nays have been ordered. The clerk bill. minute to explain his position, after will call the roll. The PRESIDING OFFICER. The Sen- which the regular order would occur. The bill clerk called the roll. ator from New Jersey is recognized for The PRESIDING OFFICER. Is there The PRESIDING OFFICER (Mr. 1 minute. an objection? BURNS). Are there any other Senators Mr. TORRICELLI. Mr. President, the Mr. MCCONNELL. I object. in the Chamber desiring to vote? Senate is now moving beyond a simple The PRESIDING OFFICER. Objec- The result was announced—yeas 70, soft money ban to genuine campaign fi- tion is heard. nays 30, as follows: nance reform, ensuring that as we re- Mr. STEVENS. I suggest the absence [Rollcall Vote No. 41 Leg.] duce the amount of money in the polit- of a quorum. YEAS—70 ical system, we are not reducing the The PRESIDING OFFICER. The Akaka Durbin McConnell amount of political debate in the Na- clerk will call the roll. Bayh Edwards Mikulski tion. The bill clerk proceeded to call the Bennett Ensign Miller roll. Biden Feingold Murkowski There is nothing new or startling Bingaman Feinstein Murray about this amendment. Under current Mr. NICKLES. Mr. President, I ask Bond Frist Nelson (FL) law, the broadcast industry must pro- unanimous consent that the order for Boxer Graham Reed vide the lowest unit rate for political the quorum call be rescinded. Breaux Hagel Reid Bunning Harkin Roberts broadcasting. The problem is, they The PRESIDING OFFICER. Without Byrd Hatch Rockefeller have been evading their responsibility. objection, it is so ordered. Cantwell Hollings Santorum Stations now will have to participate Mr. NICKLES. Mr. President, I ask Carnahan Inouye Sarbanes unanimous consent for a minute for Carper Jeffords Schumer in a shared sacrifice. Candidates will Chafee Johnson Shelby not raise certain forms of money that Senator BURNS and a minute for Sen- Cleland Kennedy Smith (OR) are undermining political confidence, ator BOXER. Clinton Kerry Snowe and the broadcast industry must meet The PRESIDING OFFICER. Is there Collins Kohl Stabenow an objection? Conrad Kyl Thompson its public responsibility to provide low- Corzine Landrieu Torricelli cost broadcasting. Without objection, it is so ordered. Crapo Leahy Voinovich I believe this is a critical component Mr. BURNS. Mr. President, I thank Daschle Levin Wellstone my friend, the assistant leader. Dayton Lieberman Wyden to comprehensive campaign finance re- Dodd Lincoln form. It allows many of us to be part of I have been tied up in a committee Dorgan McCain all morning trying to get over here. We McCain-Feingold. NAYS—30 The PRESIDING OFFICER. The Sen- have had some pressing energy busi- ness. But I wish to make one point. Allard Enzi Lugar ator’s time has expired. Allen Fitzgerald Nelson (NE) Mr. TORRICELLI. I believe it is a How many other industries are we Baucus Gramm Nickles proper addition. asking to lower their rates on the serv- Brownback Grassley Sessions I thank the Chair. ices they perform for the sake of polit- Burns Gregg Smith (NH) ical activity? Are we asking the auto- Campbell Helms Specter I ask for the yeas and nays. Cochran Hutchinson Stevens The PRESIDING OFFICER. Is there a mobile companies? The gasoline com- Craig Hutchison Thomas sufficient second. panies? The newspapers? The direct DeWine Inhofe Thurmond There appears to be a sufficient sec- mailers? The writers? Are we asking Domenici Lott Warner ond. them to lower their rates on their in- The amendment (No. 122) was agreed The yeas and nays were ordered. ventory for the sake of political activ- to. The clerk will call the roll. ity? I think not. Mr. DODD. I move to reconsider the Several Senators addressed the And the broadcasters, once their vote by which the amendment was Chair. time is gone, it is gone forever; and agreed to. Mr. NICKLES. Mr. President, I sug- they cannot recover it. I don’t think Mr. MCCONNELL. I move to lay that gest the absence of a quorum. we have a right to ask them to do that, motion on the table.

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.038 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2619 The motion to lay on the table was tion to Senator CANTWELL as original that was an effort to deal with part of agreed to. cosponsor of my amendment, also Sen- the problem—become more capital in- AMENDMENT NO. 123 ator CORZINE and Senator BIDEN be in- tensive, more television expensive, as Mr. WELLSTONE. I call up amend- cluded as original cosponsors. communication technology becomes ment numbered 123. The PRESIDING OFFICER. Without the main weapon in every electoral The PRESIDING OFFICER. The objection, it is so ordered. conflict, the big money matters even clerk will report the amendment. The Senator from Idaho. more. The legislative clerk read as follows: (The remarks of Mr. CRAPO are lo- This amendment says: Look, if our The Senator from Minnesota [Mr. cated in today’s RECORD under ‘‘Morn- States want to—we leave it up to WELLSTONE], for himself and Ms. CANTWELL, ing Business.’’) them—set up a voluntary system of proposes an amendment numbered 123. The PRESIDING OFFICER. The Sen- partial or public financing to apply to Mr. WELLSTONE. Mr. President, I ator from Minnesota. our races, they should be able to do so. ask unanimous consent reading of the Mr. WELLSTONE. Mr. President, I This debate in the Senate about big amendment be dispensed. will reserve for myself just a little bit money and politics and the ways in The PRESIDING OFFICER. Without of time now because there will be other which too often our elections have be- objection, it is so ordered. Senators who will want to speak on come auctions and the ways in which The amendment is as follows: this subject. This is an amendment to all too often Senators have to be con- (Purpose: To allow a State to enact vol- the McCain-Feingold bill, a very im- cerned about cash constituencies as untary public financing legislation regard- portant piece of legislation in and of well as real constituencies couldn’t ing the election of Federal candidates in itself, which I think is a very impor- have come at a more perfect time. such State) tant step forward for all of us. I hope Let me give a few examples. Several On page 37, between lines 14 and 15, insert this amendment will have bipartisan weeks ago we had an effort that took 10 the following: support. I think it just adds to the hours to overturn 10 years of work. The SEC. 305. STATE PROVIDED VOLUNTARY PUBLIC McCain-Feingold bill. National Academy of Sciences said re- FINANCING. This amendment simply allows petitive stress injury is the most seri- Section 403 of the Federal Election Cam- States, any of our States, to set up vol- ous injury in the workplace. It en- paign Act of 1971 (2 U.S.C. 453) is amended by untary systems of full or partial public dorsed taking action, did the research, adding at the end the following: ‘‘The pre- ceding sentence shall not be interpreted to financing for Federal congressional did the study, endorsed a standard that prohibit a State from enacting a voluntary candidates that involve voluntary was promulgated by OSHA, but big public financing system which applies to a spending limits on both personal and business said jump. So we jumped, and candidate for election to Federal office, outside contributions, as long as these we turned our back on reasonable other than the office of President or Vice- systems are not in conflict with the standards. We turned our back on President, from such State who agrees to Federal Election Campaign Act. So science, and we turned our back on a limit acceptance of contributions, use of per- this simply allows States, if they want, lot of workers and their pain. We made sonal funds, and the making of expenditures to set up a voluntary system of partial them expendable. in connection with the election in exchange Then we had the bankruptcy bill. I for full or partial public financing from a public financing. State fund with respect to the election, ex- This is entirely a voluntary system, gave enough speeches about the bank- cept that such system shall not allow any and we leave it up to our State. ruptcy bill to deafen all the gods. I will person to take any action in violation of the Historically, the States have been a not repeat any of it, just to say ulti- provisions of this Act.’’. ‘‘laboratory of reform’’—the term was mately what we got with this bill was Mr. WELLSTONE. Mr. President, my coined by Supreme Court Justice Wil- a wish list for the credit card industry understanding is Senator CLINTON will liam Brandeis—where innovative poli- which is not held accountable at all for be coming to the floor in a moment. cies have been created. their reckless and sometimes predatory Mr. DODD. I suggest the absence of a This States rights amendment allows lending practices but very harsh for a quorum. these laboratories to do their work in a whole lot of people who find themselves The PRESIDING OFFICER. The safe way—I want Senators to listen to having to declare bankruptcy—not be- clerk will call the roll. this—because the electoral regulation cause they are trying to game any sys- The legislative clerk proceeded to that Congress has written into Federal tem but because of a major medical call the roll. law remains the floor. That is the law. bill, because they have lost their job, Mr. DODD. Mr. President, I ask unan- In other words, while States will be or because there has been a divorce in imous consent the order for the given wide latitude to set up voluntary the family. quorum call be dispensed with. systems of public financing, they will Then we have the news today that The PRESIDING OFFICER. Without not be able to enact laws that will the arsenic standard that EPA had pro- objection, it is so ordered. allow candidates, whether covered by mulgated to make sure we had safe Mr. DODD. Mr. President, I ask unan- public financing or not, to engage in drinking water has been overturned by imous consent the Senator from New conduct that will otherwise be in viola- the Administrator of EPA, the Envi- York be recognized for 5 minutes as in tion of Federal election laws. ronmental Protection Agency. morning business. While the Federal law is the floor, I Then we have a tax cut—I am not The PRESIDING OFFICER. Is there think it is a low floor, indeed, although going to spend a lot of time on this. It objection? McCain-Feingold makes it better. will be in the budget debate in about 2 Mr. WELLSTONE. I ask my col- Many believe our system is awash in weeks. If I am proven wrong, I will be league if we may extend that to 10 min- special interest money. I agree with glad to be proven wrong. I believe my utes. them. It is not a matter of individual colleagues will find that ultimately a Mr. DODD. I ask for 10 minutes. corruption. I almost wish it was. It rigorous sort of measurement, if you The PRESIDING OFFICER. Without goes way beyond I don’t wish it was, will, of what the surplus really is—and objection, it is so ordered. The Senator but I think it is a more serious prob- then alongside of that what the tax cut from New York is recognized for 10 lem. really amounts to—will mean two or minutes. I don’t think we are talking about three things. Mrs. CLINTON. I thank the Chair. the wrongdoing of individual office- It will mean there won’t be a dime (The remarks of Mrs. CLINTON, Mr. holders. But we are talking about a for any of the investments to which we DODD, and Mr. WELLSTONE pertaining huge imbalance of power where some say we are committed. There are going to the introduction of S. 584 are located people, by virtue of their economic re- to be some harsh discretionary domes- in today’s RECORD under ‘‘Statements sources, have way too much wealth ac- tic spending cuts. What that means is on Introduced Bills and Joint Resolu- cess and too many people are left out. anything from energy assistance, to tions.’’) Please remember that 80 percent of housing, to programs that try crimes Mr. WELLSTONE. Mr. President, be- the money spent in the year 2000 was against women who have been bat- fore we go to the Senator from Idaho, hard money. Please remember as these tered—you name it. In addition, you I ask unanimous consent that in addi- campaigns—we just had an amendment have tax cuts that represent a Robin-

VerDate 21-MAR-2001 02:42 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.047 pfrm03 PsN: S21PT1 S2620 CONGRESSIONAL RECORD — SENATE March 21, 2001 Hood-in-reverse philosophy so that heavy hitters; and that the Congres- cause the Federal Election Campaign over 40 percent of the benefits go to the sional agenda is the agenda of the in- Act, FECA, did not specifically allow top 1 percent. vestors in both political parties. States to create this kind of voluntary What I said before I will say again. For so many people, when it comes to public financing program, then FECA The President talks about leaving no their concerns for themselves, their prohibited it. I think what the court child behind. One-third of all the chil- families, and their communities, their was saying was: If you want to do it, dren in America live in families who concerns are of little concern in the fine, but we want to see the authority. will not receive one dime from this tax corridors of power in this Congress. The amendment I am offering would cut, and 50 percent of African Ameri- Who could fault them for this belief? correct that by adding one simple sen- cans live in families who will not re- Many people believe there is a connec- tence to FECA which specifically al- ceive one dime, and 57 percent of His- tion between big special interest lows States to set up voluntary public panic children live in families who will money and the outcomes in American financing programs for the election of not receive one dime, but over 40 per- politics. their own Members of the Senate and cent goes to the top 1 percent of the People believe what is on the table House, as long as no such program vio- population. and what is off the table is based upon lates any provision of the current So forget any commitment to mak- who has the money and power. People FECA law. That is all this amendment ing sure that every child in America believe who gets to run and who does does. has a good education. The vast major- not get to run and who wins and who In other words, if a State—Min- ity of people believe in that goal. For- loses is quite often determined by the nesota, Montana, Connecticut; I will get any commitment to making sure mix of money in politics. People be- talk about States that have already that elderly people—I argue there are a lieve that some people march on Wash- done this —wants to create a public fi- lot of families as well who are hurt by ington every day, and they have the nancing fund and give its congressional this—can afford the prescription drugs lobbyists, and they have the lobbying candidates the option—a voluntary op- they need for their health. And forget coalitions, but that when it comes to tion; it is not required—of financing any commitment to expanding health their concerns, they are not well rep- their campaigns partially or wholly care coverage for the 43 or 44 million resented. People believe that if you with public money rather than private people who have no coverage at all. For pay, you play, and if you don’t pay, you contributions, that State will be able that matter, forget any commitment don’t play. to do so—again, provided there is no to beginning to get serious about home So people have lost faith in this sys- violation of any of the current FECA health care so that a lot of elderly peo- tem. I do not know what I think is provisions. ple aren’t institutionalized, aren’t worse: That so many citizens have this I want to stress to colleagues, be- forced into nursing homes but can still disillusionment and disengagement to- cause I do not want there to be any live in home in as near normal cir- ward Government and public affairs. I misinformation about this amendment, cumstances as possible with dignity, or hate that. I state that as the son of a that these programs must be strictly people with disabilities. Jewish immigrant born in the Ukraine voluntary, just as the public financing From where is the money going to who fled persecution in Russia. I love for Presidential elections is voluntary. come? this country. I hate it when people feel Candidates who would rather finance How about the veterans? I will tell that way about public affairs. Some- their campaigns with private dollars, you about the veterans budget. There times I think it is even worse when I adhering to the existing campaign fi- is a $1 billion increase, but $900 million talk to people who are so excited about nance rules, would be free to do so. of it is medical inflation. public affairs, and they tell me they However, the courts have made it Then we have all of these commit- will never run for office. They say they clear, in some cases, by upholding the ments which we say we are going to do not want to spend all their time very public financing systems for elec- make for the millennium program—el- raising the money. They cannot bear tion of State officeholders, which are derly, home-based care, in addition to the thought of it. models for this legislation, that a mental health services; in addition a Frankly, I think it gets to the point State may offer public financing or bill I have with EVAN BAYH to finally where we have this horrible self-selec- other enticements to make contribu- deal with the distress about the fact tion process where a lot of the very tion limits and spending limits attrac- that 30 percent of the adults in the best people never will run for office, for tive. homeless population are veterans— a Senate seat or a House seat. I think This amendment, giving States the many of them Vietnam veterans—and that is a tragedy for the country. option of creating their own voluntary we need to reach out and help them. I I know the sponsors of the new alternatives to the current system, is tell you, I don’t think any of this is by McCain-Feingold bill hope this bill will perfectly constitutional. accident because for the sake of the top have the votes to pass. I hope it does. Some States have already moved in 1 percent of the population making But this bill is scaled down. It is a step this direction. Twelve States already sure they get the tax cuts—by the way, toward comprehensive reform, but I do offer partial public financing to can- these are the same people who are the think this is an ideal time to let States didates for State offices. In fact, one of heavy hitters. They are the big givers take the lead. While we should not the most advanced of these programs is who give the contributions, whether it allow States to undermine Federal in my colleague, Senator MCCONNELL’s is soft money or hard money. election law, the law should not be an own State of Kentucky. In Kentucky, We are at the same time not going to artificial ceiling that prevents States there is a system of partial public fi- live up to our commitment of leaving from setting up systems of public fi- nancing for gubernatorial candidates. no child behind. We are not, if this ad- nancing that allow them to address In my own State of Minnesota, there ministration has its way, going to do this money chase, to address voter apa- is a voluntary public financing system much about prescription drug costs, or thy, to address corruption, actual and for statewide candidates as well as can- expanding health care coverage, or perceived. didates for the legislature. Candidates making sure there is a good education Mr. President, by way of background agree—it is voluntary—to spending for every child. Obviously, we have an to this amendment, my own State of limits, and in return they receive pub- all-out assault on basic workplace pro- Minnesota attempted to set up a public lic funds. tections and environmental protec- financing system for Federal can- The State of Minnesota provides a tions. didates 9 years ago, when the State leg- tax credit for contributions to State I think a lot of people in Minnesota islature passed a law offering partial candidates of up to $50. and a lot of people in the country have public financing to candidates for Con- In addition, four States have gone reached the conclusion that the Con- gress from Minnesota. even further and have recently passed gressional agenda is not their agenda; Unfortunately, the Federal Court of full or nearly full public financing sys- that the Congressional agenda is the Appeals for the Eighth Circuit struck tems for their elections—it is inspir- agenda of the powerful; that the Con- down Minnesota’s law in 1993 in Weber ing—in Maine, Vermont, Massachu- gressional agenda is the agenda of the v. Heaney. The court ruled that be- setts, and in Senator MCCAIN’s own

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.051 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2621 State of Arizona. They have passed leg- It will definitely change some things. For President Bush, and President Clinton islation similar to the Clean Money, one thing I will have about half the amount have all used public moneys in Presi- Clean Elections Act. of money I raised last time but much more dential elections going back to the late time to talk with people which is a good Senator KERRY and I have introduced 1970s. I believe President Reagan was thing. this as national legislation. Eventu- the first—maybe President Carter was ally, I would like to get there. Basi- Just one more: the one—to use public moneys and pub- cally, that is what they are saying in We have an obligation to put into practice lic financing of a Presidential election. these States to the citizens. And the the system that was approved by voters in All would agree that as a result of 1996. Maine is in the lead in this area. It will citizens said: Yes, let’s do it. only work if it is used, and it is important that, the costs of Presidential elec- I want to talk about these inspiring for incumbents to embrace it. Also, the tions, while they are expensive, have examples. They have said: Listen, if Clean Election Act is making it easier to re- been reduced by having a public financ- each citizen will contribute a small cruit candidates to run for office. ing scheme where, as a result of accept- amount into a clean money, clean elec- That was said by Rick Bennet, Re- ing public dollars, candidates agree to tion fund—maybe $5—and then can- publican incumbent, assistant senate certain caps, certain limitations on didates draw from that fund—can- minority leader, and candidate for re- how much money will be spent by a didates who have passed a threshold to election. Presidential candidate. show that they are viable candidates— I simply say to my colleagues, I am This country is not without prece- then these candidates do not have to be all for McCain-Feingold, as long as it dent in dealing with public financing. involved in the money chase. They do does not get too weakened. I think the My colleague has talked about some of not have to be dependent on these pri- amendment we just adopted—the the States that have done things. We vate dollars. You, the people of Maine, Torricelli amendment—was a step in have done it at the national level and you, the people of Vermont, you, the the right direction. But, honest to with some success. This amendment people of Arizona, you, the people of goodness, 80 percent of the money is doesn’t call for Federal public financ- Massachusetts, you own the elections. hard money. You still have this huge ing, as I understand it. It merely says You own your own State government. problem of the system being so wired to the States, if they would like to es- You own the political process. for incumbents. It is so hard for chal- tablish a public financing mechanism In Maine it is just incredible. There lengers to raise the money and for for candidates running for the House of was broad participation in the Clean there to be a level playing field. I can Representatives or the Senate, the two Elections program during this last remember what happened when I ran in Federal offices for which there are election, with 116 out of 352 general 1990; I can remember in 1996. I am now elections in each State, then the States election candidates—both Republicans in a reelection. would be allowed to construct such a and Democrats—participating. At a very minimum, there ought to mechanism that then-candidates who What these clean money, clean elec- be a vote on public financing in the would agree to accept public moneys in tion States have done is dramatically Senate, but this amendment doesn’t those States would also accept certain reduced the influence of special inter- say we vote on public financing di- limitations, principally financial ones, est money by providing a level playing rectly. We don’t vote on this at the as one way of trying to get a better field, by offering candidates a limited Federal level, and we don’t really vote handle on this ever spiraling cost of and equal amount of public funds. on it saying that Montana or Min- campaigns. I am saying to colleagues today, at nesota has to do it. Given the experi- I don’t have the charts with me that the very minimum, we ought to allow ence of some of the States, such as some of our other colleagues have used our States to move forward with these Maine, Vermont, Massachusetts, Ari- which point to the exponential increase voluntary systems if they want to do zona, and other States that have in the cost of running for Federal of- so. That is the only proposition you moved forward, let us at least allow fice. There is not a person in this vote on. Will you or will you not at States, on a voluntary basis, to have a Chamber who holds a seat who can’t least be willing to allow your States to system of partial public financing that bear witness to that fact. We wouldn’t provide for a system of voluntary full they could apply to Federal races. be here if we hadn’t gone through the or partial public financing for our If they want us to have the oppor- excruciating gauntlet of having to races, understanding full well that ev- tunity to volunteer to be involved in raise the money and spend the dollars erything else about Federal election clean money and clean elections as op- in order to be on television and run all law stays as is. posed to all this big interested money the various elements of a successful I want to offer some comments about that will continue to dominate the campaign. We are all familiar, every Maine, giving some indication of what process, even with McCain-Feingold one of us, with how vastly these cam- happened in Maine, because I think it passing—there is still so much of that paigns have increased in cost. inspires a lot of hope. These comments money; we are still so awash in that I have often cited the statistic that tell us something about what they money—at the very minimum we ought when I first ran for Congress, some 24 have done and why it is so important to allow States to light a candle and years ago, Ella Grasso was running for to allow States to do so. lead the way. Governor of the State of Connecticut, Here are some of the comments of I know there are other Senators who the first woman to be elected in her people who ran. are going to be coming to the floor. I own right as a Governor in the United Shlomit Auciello, a Democrat chal- can speak a much longer time about States. Ella Grasso spent about lenger: this and will, but if my colleague from $500,000, an unprecedented amount of Without Clean Elections, I couldn’t even Connecticut is going to speak, I will money, in the State of Connecticut to think about running for office. I just yield the floor for now. win a statewide race. I think she even couldn’t afford it. The PRESIDING OFFICER (Mr. NEL- bought New York television time, Chester Chapman, a Republican chal- SON of Florida). The Senator from Con- which always adds considerably to the lenger: necticut. cost of a campaign in Connecticut. And The main reason I did it was that this is Mr. DODD. Mr. President, I thank my $500,000 was an outrageous sum of what people want. friend from Minnesota. I commend him money 24 years ago. Glenn Cummings, a Democrat chal- for this amendment. My colleague from Connecticut, Sen- lenger: This is a very creative amendment ator LIEBERMAN, and I—I can’t recall because it doesn’t go to the heart of the exact amount, but I will pretty I spent a lot of kitchen table time explain- ing the system to people. Once they knew what many of us have felt for a long much be in the ballpark to tell the what it was they really liked it. They liked time, and that is that as we have done Senate that a contested race in Con- that it means no soft money and no PAC with Presidential elections—I don’t necticut is now somewhere between $4 money will be used. I want to work for the know if my colleague from Minnesota and $6 million. I promise you, if you people of Maine and I don’t want to be be- spent time on this point—we have had went back 24 years, prior to 1974, you holden to anyone else. public financing of Presidential races. would have found an increase in the Gabrielle Carbonear: Ronald Reagan, George Bush, this cost of campaigns but nothing like we

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.053 pfrm03 PsN: S21PT1 S2622 CONGRESSIONAL RECORD — SENATE March 21, 2001 have seen in the last 25 years, with no cide that the cost of campaigns in their Minnesota Alliance for Progressive Action indication this trend line is going any- States has gotten out of control; that Missouri Voters for Clean Elections where but up in the coming years. they would like to do something about Money in Politics Research Action Project, The issue before us is whether or not it; that they would like to offer Fed- Oregon National Voting Rights Institute we can come up with some mechanism eral candidates an option that would NETWORK: A Catholic Society Justice which reduces the money chase, brings reduce those costs. Lobby down the cost of these campaigns, I am attracted to this amendment. I New Hampshire Citizen Alliance for Action which is what the Torricelli amend- think it has value. I urge my col- New Jersey Citizen Action ment tries to do by insisting the lowest leagues to read it carefully, to raise New Mexico Alliance for Community Em- unit rate be charged for campaign costs questions to my colleague from Min- powerment for advertising, and now what our col- nesota, if they have them, and then New Mexico Progressive Alliance league from Minnesota has proposed— vote for this amendment. I think it de- North Carolina Alliance for Democracy Northeast Action that is, the creative idea of saying to serves our support. I know others will Progressive Leadership Alliance of Nevada the 50 States that if you decide you come to the floor to address this mat- Progressive Maryland would like to have this kind of a mech- ter. I don’t know if my colleague care Public Campaign anism for your candidates for Federal to take a few more minutes or not. I Rainforest Action Network office, we should not necessarily stand am prepared to stay with him and en- Religious Action Center of Reform Judaism in the way. gage in some debate. If not, we could Rural Organizing Project, Oregon If this were a mandate, then I think suggest the absence of a quorum and San Fernando Valley Alliance for Democ- it would run into immediate constitu- urge Members to come to the floor to racy tional problems. There may be some Sierra Club discuss the amendment. South Carolina Progressive Network with this anyway. I know States in the Mr. WELLSTONE. Mr. President, United Methodist Church— past have tried to pass legislation first of all, I thank my colleague from General Board of Church and Society which would put limitations on us, Connecticut. There are three or four United for a Fair Economy such as term limits. In every one of Senators who want to speak, and I have United Vision for Idaho those cases, the courts have overruled more to say. Frankly, I don’t want to USAction State statutes which would limit the use up all of our time without hearing USPirg ability of people to serve here. We our- from the opposition. I will take a few Utah Progressive Action Network selves could put limitations in the Con- Vermont Pirg more minutes. If nobody is here, I will West Virginia Citizen Action stitution on our service, but States suggest the absence of a quorum and West Virginia Peoples’ Election Reform Coa- don’t have the right, according to the ask that the time be charged to the op- lition Supreme Court or the Federal courts, ponents of this amendment. I would Western States Center to do that. like to hear from them rather than Wisconsin Citizen Action I do not think this amendment falls burning off all my time. Mr. WELLSTONE. Mr. President, into that category. This is not some Mr. DODD. Well, I suggest that the these different organizations range limitation on a Member’s right to run time be charged to both sides equally. from the national AFL–CIO to or to serve. It merely offers the option That is normally how we proceed. Why AFSCME and SEIU. Also, at the State of a different mechanism for financing not go ahead, and I am sure others will level, there are a lot of different State the campaign. While I am not a con- come to the floor. organizations, including the California stitutional scholar, I am sure there Mr. WELLSTONE. All right. Mr. Clean Money Campaign, Arizona Clean will be those who make the case that President, there are 65 organizations Elections Institute, the Maine Citizen this may suffer from a constitutional that support this amendment. I ask Leadership Fund, Maryland Campaign flaw. I am sure there will be others who unanimous consent that this list be For Clean Elections, Massachusetts will argue that this does not. printed in the RECORD. Voters Information Clean Elections, In my view, because this does go in a There being no objection, the list was Public Campaign, Missouri Voters For direction that contributes significantly ordered to be printed in the RECORD, as Clean Elections, the Catholic Social to the underlying bill Senator MCCAIN follows: Justice Lobby, New Hampshire Citizen and Senator FEINGOLD have submitted SIXTY STATE AND NATIONAL ORGANIZATIONS Alliance For Action, Florida Consumer to us, it is worthy of support. SUPPORTING ‘‘STATES’ RIGHTS’’ AMENDMENT Action Network, and it goes on. I commend my colleague from Min- ACORN—Association of Community Organi- Then there is one organization I men- nesota for offering this creative idea. zations for Reform Now tion, which is the Fannie Lou Hamer We are constantly hearing from our Alliance for Democracy Project. I mention that project because colleagues how we need to give our American Friends Service Committee of I think in a lot of ways—and I hope I States more flexibility. It is a call we Northeast Ohio say this the right way because I have hear quite frequently in one piece of Arizona Clean Elections Institute such deep love and respect for the legislation after another. My colleague California Clean Money Campaign memory of Fannie Lou Hamer. For col- from Minnesota and I serve on the Edu- Campaigns for People, Texas leagues who don’t know about her, Citizen Action of New York cation Committee of the Senate. We Citizen Action of Illinois Fannie Lou Hamer was the daughter of have just spent a number of days— Colorado Progressive Coalition a sharecropper in Mississippi. There marking up, as we call it—writing up Connecticut Citizen Action Group were 14 children in her family, and she the education bill for elementary and Democracy South grew up poor. She was one of the great secondary education. Equality State Policy Center, Wyoming leaders of the civil rights movement. One of the important debates was Fannie Lou Hamer Project The reason I mention the Fannie Lou how much flexibility we would give our Florida Consumer Action Network Hamer Project is that Fannie Lou local communities and our States in Florida League of Conservation Voters Hamer uttered the immortal words, ‘‘I Georgia Rural-Urban Summit am so sick and tired of being sick and using Federal dollars. It is a worthy de- Global Exchange bate because most of us embrace the Gray Panthers tired.’’ She was talking about eco- idea that local communities ought to Hawaii Elections Project nomic justice issues. I think the reason have a great deal of latitude in decid- Indiana Alliance for Democracy the Fannie Lou Hamer Project is one of ing how the education system ought to Iowa Citizen Action Network the organizations that is most behind work in those communities. League of United Latin American Citizens this amendment is that a whole lot of I will be interested to know if those Louisiana Democracy Project people in the country—and I think this who are most vociferous in arguing for Lutheran Office for Governmental Affairs— whole issue of campaign finance re- greater flexibility at the State level in Evangelical Lutheran Church in America form—when you say it that way, it Maine Citizen Leadership Fund the education of our children would not Maryland Campaign for Clean Elections doesn’t have passion. It is about civil similarly be inclined to support this Massachusetts Voters for Clean Elections rights. I hear colleagues talking about amendment which would offer greater Michigan Campaign Finance Network freedom of speech and that more flexibility to our States that may de- Midwest States Center money is freedom of speech—the more

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.058 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2623 money, the more speech, and then raise the spending limits. So now some- the State level because once people re- some people who have all of this money body can go from $1,000 to $6,000 a year. alize at the State level they might be use a megaphone to drown everybody I recited the figure yesterday that one- able to achieve this—since it looks like else out. quarter of 1 percent of the population we are not there yet, though we are I am all for freedom of speech. I contributes $200 or more, and one-ninth going to take a good step forward, I think the Supreme Court is right, al- of 1 percent of the population contrib- hope, with McCain-Feingold—there is though I didn’t agree with the decision utes $1,000 or more. Now we are raising going to be a wave of grassroots in- in Buckley v. Valeo. If there was a it to $6,000. volvement where people in the States problem of corruption, that is the time Well, if you are worried about the are going to try to win this. And that for reform, they said. If you think the great advantage the wealthy can- is great. standard of a representative democracy didates have, then what you want to do I am looking to win this vote. I am is that each person should count as is move toward a system of clean looking for a vote for every reformer. one, and no more, we have violated money, clean elections. I wish we could Every Senator who says he or she is a that standard. pass it at the Federal level. That is reformer should vote for this amend- I will put this in a civil rights con- what makes it a more level playing ment. I am looking for a vote from text for a moment. A lot of people be- field. But if we can’t pass it at the Fed- Democrats. I am looking for a vote lieve they don’t have the freedom to be eral level, at the very minimum—and if from those Senators who voted against at the table, the freedom to participate we can’t pass it at the Federal level be- the so-called millionaire amendment in the political process, or the freedom cause some of the folks who have such because they did not think it was much to run for office; and they don’t have power can basically block that, so we of a reform to get to the point where the freedom to be people who can affect have to move along with McCain-Fein- you have a contest with someone who has a lot of resources versus someone who runs for office because they don’t gold as a first step, fine; but would it who is dependent on the top 1 percent have the big dollars. not make McCain-Feingold stronger to for their economic resources. I am Honest to goodness, I believe that ul- allow States to move forward if they looking for their vote for this. I am timately this debate is all about—I want to do so? looking for support from Democrats wish I had brought the brilliant speech I met with some of the legislators that Bill Moyers gave called ‘‘The Soul and Republicans. and some of the candidates, both Some of my Republican colleagues of Democracy.’’ This is about the soul Democrats and Republicans, from the come from States that have passed of democracy. If my father Leon was State of Minnesota, and it was one of clean money, clean election legisla- alive today—the Jewish immigrant I the most inspiring meetings I have tion, a voluntary system at the State mentioned earlier—he would say this is had. Oh, God, how I yearned that this level. They are doing it, and they are all about this wonderful, bold, beau- could be our elections. They were tell- doing it well. Can we not vote for the tiful experiment we have had in self- ing me: PAUL, I was an incumbent and proposition that we ought to at least rule in the United States of America. I had the money and I could have beat let the people in our States decide? We don’t want to lose that. We don’t a challenger, but it wasn’t the right That is all this amendment says. want to have a minidemocracy or a thing to do any longer. So I agreed to If there are colleagues who want to psuedodemocracy, when only certain participate in a clean money, clean speak, that is fine. I have been told people can run for office, when some election campaign. I felt so much bet- other Senators are on their way. I will people matter a whole lot more than ter about it. I did the right thing. That suggest the absence of a quorum, and I other people, in terms of who can affect was a Republican. ask unanimous consent that the time our tenure and who can’t. This be- Then you had challengers saying: If be charged equally to both sides. But I comes a justice issue. we didn’t have this clean money, clean ask those opponents to come to the I say to my colleagues—and I will be election system, there would be no floor—we do not want to use up all of very frank about it—the reason for this way, as a challenger, I could have our time, unless the opponents want to is absolutely constitutional. Not in one raised the money. This created, more throw in the towel right now and vote court case—and I mentioned the Min- or less, a level playing field. for this amendment. That would be OK, nesota court of appeals case—has any Everybody was saying: We had to too. judge raised a constitutional question. spend less time at these big-dollar I yield the floor and suggest the ab- We make it crystal clear that we are fundraisers and less time with cash sence of a quorum, with the time to be simply saying that—it is almost like constituencies and a lot more time charged equally to both sides. consumer law, where we make it clear, with real constituencies. We could be The PRESIDING OFFICER. Without hey, there is a Federal standard that at the coffee shops, we could be not objection, it is so ordered. The clerk no State can go below it. But if the chasing the big dollars but focusing on will call the roll. State of Florida or Minnesota want to the big issues. The legislative clerk proceeded to do better, they can do so. Well, Senators, vote for this amend- call the roll. Colleagues, we can do a lot better ment and at least let your State lead Mr. DODD. Mr. President, I ask unan- when it comes to financing campaigns. the way. If they want to pass it in the imous consent that the order for the Justice Brandeis was right; the States legislature, or by initiative, or ref- quorum call be rescinded. The PRESIDING OFFICER (Mr. are laboratories of reform, and I chal- erendum, however it is done, a law that REID). Without objection, it is so or- lenge Senators to come to the floor and would apply a voluntary partial, or dered. vote for the proposition that if your some form of public financing, to the Mr. DODD. Mr. President, I ask unan- State wants to apply a full or partial Senate and House races from States, imous consent that the distinguished public financing on a voluntary basis let them do so. Let them become the Senator from Florida be recognized to to congressional races so that the peo- laboratory of reform. See how the peo- speak for 5 minutes as in morning busi- ple of Florida, or Connecticut, or Ari- ple like it. You know something. You ness and that the time not be charged zona, or Wisconsin, or Minnesota, or will be striking a blow not only for to the present amendment. you name it, can feel like, by God, we clean money, clean elections, but you The PRESIDING OFFICER. Without have put together a model program for will also, as my colleague from Con- objection, it is so ordered. The Senator the Nation—we are leading the way— necticut pointed out, be consistent from Florida. then let them do so. about being a decentralist and letting (The remarks of Mr. NELSON of Flor- I am for McCain-Feingold unless it States lead the way if they have a ida are located in today’s RECORD gets too weakened. We had this debate model program. under ‘‘Morning Business.’’) yesterday where Senators came to the The third thing you are going to do, Mr. MCCONNELL. Mr. President, on floor and said we were presenting the and I do not know if I should make this the subject of the Wellstone amend- millionaires amendment. Their answer argument because it may be a reason ment, if my understanding is correct, I to the problem of people who have people vote against it, but the third is believe the Senator from Minnesota al- their own wealth and can finance their you are going to be nurturing and pro- lows each State legislature to deter- own campaigns was to dramatically moting a lot of grassroots politics at mine whether or not there could be a

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.061 pfrm03 PsN: S21PT1 S2624 CONGRESSIONAL RECORD — SENATE March 21, 2001 system of taxpayer funding and spend- it is further noteworthy that the Presi- this amendment. Mr. President, 24 ing limits imposed on Federal elections dential system is collapsing anyway. States including the State of Kentucky from that State. President Bush was able to raise more have a system of public financing or There are a lot of issues we don’t money because of his broad support partial public financing. They must know much about in terms of public across America and chose not to accept like it. But the point is, we give people opinion. But we do have a pretty good the public’s subsidy and the speech re- in our States the right to decide. That sense of how people feel about having strictions on his campaigns that go is all this amendment says. their tax dollars used to elect public along with that on a State-by-State I made the argument for clean officials. In a research project in Sep- basis. money, clean elections. But that is be- tember of 1999, the question was asked: Another candidate, Steve Forbes, ob- side the point. What we are saying is Should public funding be provided for viously because of his own personal let the States be the laboratories of re- all candidates running for Congress? It wealth, chose not to take public fund- form and let the people decide—what was very simply put. The public re- ing. I think that is a trend. I think you they did in Maine, or what they have sponded yes, 25 percent; no, 56 percent; are going to see more and more can- done in Massachusetts, or what they not sure, 18 percent. didates for President on both sides of have done in Arizona, or what they The use of the term ‘‘public funding’’ the aisle deciding they do not want to have done in Vermont, or, for that produces a better result for the pro- use taxpayer funds for their elections matter, what they have done in a lot of ponents of taxpayer funding of elec- because a number of bad things happen other States with partial public financ- tions because ‘‘public’’ is presumed to to you once you do that. ing. Let them decide whether, on a vol- be sort of a benign thing producing a We know that once you opt into the untary basis, they want to apply that positive response. I am unaware of system, you are stuck then with all the to congressional races. That is the what the answer would have been had auditors and all the restrictions. We point. We do not get to make that deci- the words ‘‘taxpayer funding’’ of elec- know one out of four of the dollars sion for them. You are just voting on tions been inserted, but we do know spent in Presidential elections has been the proposition of whether or not you when Americans know it is their tax spent on lawyers and accountants try- want to let the people in your States money that is being used, it produces a ing to help the candidates comply with make the decision. response sometimes ranking right up all the rules that come along with it Mr. President, I yield 10 minutes to there with anger. and of course also telling them how the Senator from Washington. We have an opportunity every April they can get around those rules. The PRESIDING OFFICER. The Sen- 15 to have the biggest poll on this sub- So it is a pretty thoroughly discred- ator from Washington. ject ever taken in America. It is the ited system that I think most Members Mr. REID. Will the Senator yield just check off on our tax returns which of the Senate are not going to want for a unanimous consent request? doesn’t add anything to our tax bill. It carried over to congressional races as Ms. CANTWELL. Yes. well. It is bad enough the Presidential simply diverts $3 of taxes we already Mr. MCCONNELL. Mr. President, owe to the Presidential election cam- elections are stuck with it. And of after consultation with the assistant paign funds. It doesn’t add to our tax course they are ignoring it. Democratic leader, I ask unanimous Issue advocacy was huge in the Presi- bill. Last year, only about 12 percent of consent that the vote on the Wellstone dential election. One of the reasons Americans checked off indicating they amendment occur at 2:15. both sides have gone to using issue ads wanted to divert $3 of their tax bill Mr. KERRY. Reserving the right to is the scarcity of hard dollars, even away from children’s nutrition or de- object, Mr. President, I would like to when supplemented with tax dollars in fense of the Nation or any other worth- ascertain how much time remains and the Presidential race, a genuine scar- while cause the Government funds into how much time might be available. city in terms of the enormous audience a fund to pay for buttons and balloons Mr. MCCONNELL. If I may finish, I you have to reach in America. at the national conventions which get This is a system that simply does not say to my friend from Massachusetts, some of the tax money, and the Presi- allow the candidates for President to the thought we had was 20 minutes of dential campaigns, which get some of get out their own message. To give the time between now and then would that tax money. State legislatures the opportunity to be for your side and 10 for our side. Interestingly enough, this has con- impose that on us without our will, Mr. REID. I think that is about all tinued to drop over the years. It was without acting at the Federal level, the time we have anyway, isn’t it, on originally $1 when it was set up back in seems to me a particularly bad idea. I Senator WELLSTONE’s time. the mid-1970s. The high water mark of hope this amendment will not only be Mr. KERRY. How much time remains taxpayer participation was 29 percent defeated but be soundly defeated. on our side? in 1980. It has gone consistently down I yield the floor and retain the re- The PRESIDING OFFICER. There re- since then. Ten years ago, in order to mainder of my time. main 21 minutes 52 seconds. make up for the lack of interest, when The PRESIDING OFFICER. The Sen- Mr. KERRY. Could I ask for 12 min- the other party was in charge of both ator from Minnesota. utes? Houses and the White House, the $1 Mr. WELLSTONE. Mr. President, Mr. REID. Senator CANTWELL, I check was upped to $3 so that fewer there are two colleagues on the floor, think, indicated she would like 8 min- and fewer people could designate more and I will just take 1 quick minute to utes. and more money to make up for the respond. How much time do we have Mr. WELLSTONE. I would like to re- lack of public interest in having their left? serve. There are others coming. Unfor- dollars pay for political campaigns. The PRESIDING OFFICER. Just tunately, when we went into a quorum In short, with all due respect to the under 24 minutes. call, the time was equally divided be- Senator from Minnesota, who has been Mr. WELLSTONE. Just under 24 min- cause we didn’t have people down here. very straightforward about the fact he utes. I say to all Senators—or staffs, I would like to reserve the last 3 min- would like to have taxpayer funding of because quite often staffs follow this utes for myself. all elections in America, this is not an debate as well—it all depends upon how Mr. REID. I say to my friend from idea widely applauded by the American you frame the question. Actually, when Minnesota, we have 21 minutes. people. In fact, they hate it. Almost you talk to people and say, do you Mr. WELLSTONE. Let’s do 10 and 8. any way you ask the question, there is want to try to get some of the private Mr. MCCONNELL. I will be glad to a negative response. money out and big dollars out and you accommodate your side. Senator I hope this amendment will be de- want to have clean money, clean elec- WELLSTONE wants to speak again, Sen- feated. It certainly takes us in exactly tions where they are your elections and ator CANTWELL, Senator KERRY—are the wrong direction if the idea is to your government, people are all for it. there others? produce a campaign finance reform bill It depends on how you frame the ques- Mr. REID. Senator CORZINE wanted 5 out of the Senate which might subse- tion. minutes. quently at some point be signed by the But all the arguments my colleague Mr. WELLSTONE. You tell me how President of the United States. I think from Kentucky made do not apply to to do that.

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.064 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2625 Mr. KERRY. Mr. President, I ask ance that they have demonstrated on getting addressed in the Senate. And unanimous consent that, after the Sen- this issue. Campaign finance reform that is why we need to change our sys- ator from Washington, I be permitted has few friends. It has many enemies. tem. to speak for 10 minutes and we have It suffers from a public that simply be- I welcome Senator WELLSTONE’s the vote at the conclusion of that lieves that we can not reform ourselves amendment and his recognition that amount of time, and allowing for the or this system. JOHN MCCAIN and RUSS States can be leaders in this area. I time for the use of the Senator from FEINGOLD, at great personal expense, hope my colleagues embrace the spirit Kentucky as the manager on his side. have championed this cause for many of this amendment and recognize it for Mr. MCCONNELL. What I would like years and I am proud to join them in what it is—a great opportunity to to do is set a time for the vote in con- the heat of this battle. watch, to see, and to learn from those sultation with the Senators on the I rise today in support of the experiments that are happening at the floor, and we will divide the time after Wellstone amendment that I am co- State level. that. sponsoring along with Senators As Senator WELLSTONE said, States Mr. KERRY. Mr. President, could I CORZINE and KERRY because I believe it are great laboratories. By letting suggest perhaps we allow the Senator will truly start us down the road of States that are interested in doing so from Washington to begin speaking and progress. Progress in allowing clean set up public funding systems for their arrange the time? money and clean money efforts to fi- Federal candidates, we will be pro- Mr. REID. How much time does the nance campaigns. There is almost a viding ourselves with valuable research Senator need? grassroots effort popping up in many on how we can level the playing field Mr. KERRY. Mr. President, 12 min- States such as Maine, Vermont, Ari- and get the money out of politics. utes. zona, and Massachusetts, and hopefully Think about that: The time that Mr. REID. CORZINE 5 minutes; with this amendment, in many more Members spend raising money instead WELLSTONE, 5 minutes. States across our country. spent listening to the voters in their Mr. MCCONNELL. CANTWELL? The clean money effort allows us to States. Mr. WELLSTONE. Mr. President, 10 put our political system where it be- We have already learned from the minutes. Vote at 2:30. longs—back in the hands of the public, clean money election systems in Maine Mr. MCCONNELL. Mr. President, I making it more accountable for the that candidates taking part in that ask unanimous consent a vote occur on people we represent. This is the polit- voluntary system have had the fol- the Wellstone amendment—on or in re- ical reform that our country so badly lowing things say: lation to the Wellstone amendment at needs. It was easier to recruit candidates to 2:30. The money we raise from special in- run for office. Mr. REID. And the time be allo- terests plays a role in politics. It plays It is what the people want. cated—— a role in setting the terms of the de- I will only have about half the money Mr. MCCONNELL. The time be allo- bate. It plays a role in what issues get I raised last time but much more time cated in the following manner: 12 min- placed at the top of the legislative to talk to the people. utes for Senator KERRY, 5 minutes for agenda. And, most importantly, it We have learned that voluntary lim- Senator CORZINE, 5 minutes for Senator keeps the focus in the wrong place. its can work. In his Senate race in 1996, WELLSTONE at the end, 5 minutes for Elizabeth Drew, wrote a book called Senator JOHN KERRY and his opponent, Senator CANTWELL—10 minutes for ‘‘Whatever It Takes,’’ that chronicled then-Governor Bill Weld, agreed to a Senator CANTWELL. some of the way business and the Con- voluntary spending limit, and the re- The PRESIDING OFFICER. Is there gress operate. Paraphrasing her re- sult was a campaign waged largely on marks, some of the interest groups op- objection? the issues. Senator KERRY proved there pose legislation because it is the cam- Mr. MCCONNELL. And 2 minutes be- are incentives for both sides to improve fore the vote for the Senator from Ken- el’s nose under the tent. It is some- the political discourse. tucky. thing they can stop, and so they do. In Arizona, 16 candidates were elect- We need a political decision making The PRESIDING OFFICER. Without ed under the clean money system, in- process in Congress in an information objection, it is so ordered. cluding an upset victory over the age where people are brought together, The Senator from Washington. former speaker of the State senate. and not just met with because we agree Ms. CANTWELL. Mr. President, I And the challenger spent only one- rise today in support of the McCain- with them. Our failure to act to reduce the amount of money in politics is quarter of the money that his opponent Feingold campaign finance reform leg- feeding the skepticism and cynicism took. islation and the Wellstone amendment. In Maine, 49 percent of the State sen- about politics and government among I ran for the U.S. Senate because I be- our citizens, and particularly our ate candidates won their seats while lieve it is time for us to reform our po- youth. participating in the clean money pro- litical system and bring it into the 21st At a time when we are not far from gram. century. At a time where citizens are Internet voting, we ought to have a Overall, States implementing public more empowered than ever with infor- system of financing campaigns that en- financing have seen more candidates mation, where access to technology courages our citizens to be more in- run, more contested primaries, more and communications tools makes it volved. Our citizens believe the current women running for office, and, most possible for citizens to track and un- campaign finance system prevents us importantly, it is proving that good derstand on a daily basis our legisla- from acting in their interest. candidates can run winning campaigns tive progress, and where citizens under- We have been through a technology and participate in a system that limits stand exactly the tug and pull of the revolution in this country, and we have spending. legislative process, that is, who is get- to have a governing system, and a cam- The only way we have to truly level ting tugged and who is getting pulled. paign system that will keep pace with the playing field, both between can- It is time to respond with a political it. didates and parties of opposing system that is more inclusive in the I was reminded in this last cycle— ideologies, and more importantly, be- decision process. That meets the best going around the State of Washington, tween new candidates and incumbents, long term needs of our citizens, instead I met a constituent who wanted to tell is to commit the resources to the proc- of a political system of financing cam- me about a piece of legislation. They ess of getting people elected. paigns that rewards short-term expe- turned around to their desktop and Not until we create a campaign sys- dient decisionmaking. printed off the bill that was being con- tem with a shorter and more intensive But before I go on about the sidered, circled the sections of the bill campaign period—something I think Wellstone amendment that I rise to they were most interested in, and said: the public would truly applaud—funded support, I want to thank the authors of Now tell me why we can’t get this with finite and equal resources avail- the bill, Senators JOHN MCCAIN and passed by the U.S. Senate. able to all candidates, will we be able RUSS FEINGOLD, for the commitment, I didn’t have to answer this person. to really listen carefully to what the determination, courage and persever- They knew very well why it was not people want.

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.068 pfrm03 PsN: S21PT1 S2626 CONGRESSIONAL RECORD — SENATE March 21, 2001 Not until then will we be able to free to affect Federal campaigns than the the House of Representatives, but the candidates from the time, and the en- average American citizen. large money has more control over ergy drain that is needed for dialing for I do not know if my colleagues are what happens here than their conglom- dollars. Not until then will we be able aware of this, but almost all of the soft erate votes they express on election to improve the quality of political dis- money that was contributed in the last day. course, to play down the dominance of election cycle for both parties came What the Wellstone-Kerry-Cantwell polls, to render tax-driven negative ads from about 800 people. Obviously, those amendment seeks to do is simply give ineffective, and to remove the appear- 800 people have the capacity to be able a choice to States. If you are a conserv- ance that political decisionmaking is to put up larger Federal contributions ative and you believe in States rights, not based on principle but on the de- or match Federal dollar contributions. here is the ultimate States rights pendence on funds. What the Congress ought to be doing amendment because what we are say- We can’t in an information age and a and what we ought to be focused on is ing is that a State has the right to technology age be smart enough to fig- how to put the greatest distance be- offer to its candidates a different way ure out how to make prescription drugs tween each of us in the fundraising and of getting elected. And if the candidate and new therapies improve the quality create the greatest proximity between for Federal office wants to take advan- of life and health care and yet not even each of us and the people who vote for tage of that, they may. It does not re- have the debate to make prescription us or who are asked to vote for us. quire you, there is no mandate, any drugs more affordable. The Senator from Kentucky said ear- person in the Senate who wants to go Why is that? Because it, too, has got- lier in this debate that this amendment out and rely on their amounts of ten clogged in this debate and cam- by Senator WELLSTONE, myself, and money they can raise can do so. But it paign finance reform. Senator Senator CANTWELL is a bad idea be- gives to the State the right to put that WELLSTONE’s amendment removes the cause it would tell the States how to as an offering to those who run. roadblock to exploring new options for run a Federal election, or it would take Why is it that we should stand here getting people elected in a new infor- our campaigns—I think was the lan- and take ownership of the campaign mation age. I support the right of guage—and prevent the States from away from the people who elect us, and States to experiment with new ideas to somehow living by the rules that the deny them the right to say they would help level the playing field and to im- Federal Government has set up or es- like to see the races for the House and prove our election process and our pouses. Nothing, again, could be fur- the Senate run by the same standard campaign system. ther from the truth. that we run our race for Governor and Thank you, Mr. President. First of all, it is not our campaign. It for our local legislature? Mr. WELLSTONE. Mr. President, I is the voters’ campaign. This election As I said earlier, nothing in McCain- thank Senator CANTWELL but remind belongs to the voters of each of our Feingold will ultimately resolve the her that actually we worked together States. How presumptuous of us to terrible problem of Senators having to on this amendment. It is really our stand here and say we should deny the raise extraordinary sums of money. amendment—the Wellstone-Cantwell- voters of our States the right to elect The reason for that is we are still going Kerry amendment. us the way they might like to elect us. to have to go out and raise tens of mil- I thank the Senator for her help on Moreover, this amendment is purely lions of dollars, except it will be with- the amendment. voluntary. No Member of Congress is out soft money; it will be so-called The PRESIDING OFFICER. The Sen- compelled to go with the system even hard money. ator from Massachusetts. if a State requires it. So it is really Let me say to my colleagues, they Mr. KERRY. I thank the Chair. only a half preemption. It is a way of will still—each of them—be completely Mr. President, let me begin my com- saying to those 24 States—almost half subject to the same kinds of questions ments by making it as clear as I can the States in the Union; among them that exist today about the linkage of that I am a strong supporter of the the State of the Senator from Ken- money and politics. The only way we McCain-Feingold legislation. I have tucky. They have already adopted will ultimately divorce ourselves from had the pleasure of working with both some form of public financing. Every that perception which leads most of them through the years on campaign one of those States has decided they do Americans to believe that this whole finance reform. I want McCain-Fein- not want special interests governing thing is somehow out of their reach gold to pass the Senate and ultimately the elections. They want to reduce the and out of their control, and that it is be signed into law. election process to the simplest con- gamed and they cannot really make a But let me also make it equally as nection between candidate and voter. difference—the only way you will af- clear to my colleagues and all Ameri- I am pleased to say that ever since I fect that, ultimately, is to adopt some cans who are focused on and care about ran in 1984—the first time for the Sen- form of public financing. this issue that what we might achieve, ate—I have been able, thus far, to run I know the votes are not here today. if we pass McCain-Feingold, is only a without taking the larger conglom- I know too many of my colleagues are small step towards what we ought to be erate funds, the PAC money funds. I comfortable with the status quo. I trying to do in this Congress. The fact think I am the only Member of the know we cannot win that vote in the is that even if we pass McCain-Fein- Senate who has been elected three Senate today. But that does not mean gold, all that we would have achieved times without taking PAC money. I am we should not put it in the debate. And is a reduction—it is not all, but it is proud of that. That is not because it does not mean we should not require significant and it is important—in the PACs are inherently evil or a bad part a vote because the real test of whether soft money flow to our campaigns of the process. I think it is fine under or not people want our democracy to through either corporate contributions the Constitution for people to come to- work is whether or not we are going to or private contributions. gether and give money jointly through do the most we can, in a most reason- Nothing in McCain-Feingold is going a PAC. The problem is, when it is con- able way, to separate ourselves from to restrain the arms race of fundraising glomerated the way it is, in the the fundraising that is so suspect and in the United States. Nothing in amounts that it is, it leaves our fellow that taints the entire system. McCain-Feingold is going to restrain citizens with the perception that the I respectfully suggest to my col- ultimately the dependency of people in system is up for grabs; that the money leagues that a voluntary system—once Congress to have to go out and ask peo- is what controls the elections of our again, purely voluntary; no challenge ple for significant amounts of money in country. to the first amendment at all; no man- total—because of amounts of money Senator JOHN MCCAIN, in the course date whatsoever; no constitutional that you can give Federally—hard of his Presidential campaign, elicited issue —simply a voluntary system that money up to the $25,000, which may from his countrymen and women a would allow a candidate to go for well be lifted in the course of this de- great sympathy for that notion. Part of matching money, in the same way that bate—people who have $20,000, $25,000, what propelled that campaign was peo- we do in the Presidential race, and or $15,000 to make in a contribution ple’s conviction they do not get to con- have done for years—and, I might add, will have far more capacity to be able trol what happens in the Senate and contrary to what the Senator from

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.070 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2627 Kentucky said, with great success— MCCAIN and FEINGOLD have settled is the direction in which to go, as has even President George W. Bush in the where they are is because this is the already been accomplished by a num- general election took the public fund- best chance we have for the votes we ber of States. Maine, Vermont, Massa- ing. He ran for President of the United have today. But that does not mean the chusetts, and Arizona have led the States with public money. Bob Dole Senate should not be called on to de- way, but there are about 24 States in ran for President of the United States bate and vote on an issue that ulti- the country that have some system of with public money. President George mately will be the only way out of this public or partial financing. Bush first ran with public money. morass that we find ourselves in. We are not voting today for clean President Ronald Reagan ran with pub- I think my time has expired. money, clean elections. We are just lic money. Why is it that if it is good The PRESIDING OFFICER (Ms. voting on the following proposition: enough to elect a President of the STABENOW). The Senator’s time has ex- Will we vote to allow our States, the United States, it should not at least be pired. people in our States and their elected voluntarily available to those who run Mr. KERRY. I thank the Chair and representatives, the right to decide for the Senate? hope my colleagues will support this whether or not a system of voluntary The reason is too many of my col- voluntary opportunity that the Sen- partial or full public financing should leagues know that might put the oppo- ator from Minnesota offers. be applied to U.S. House and Senate sition on an equal footing with them. The PRESIDING OFFICER. The Sen- races. Why don’t we allow the people in Too many of my colleagues are com- ator from Minnesota is recognized. our States the chance to make that de- fortable with the system where they Mr. WELLSTONE. Madam President, cision? can use the incumbency to raise the do we have, all together, 10 minutes re- This is a Brandeis amendment. large amounts of money and not allow maining? States are the laboratories of reform. for a fair playing field that enhances The PRESIDING OFFICER. There is For Senators who say they want States the democracy of this country. a total of 20 minutes preceding the to decide on the most fundamental core That is why the Senate has more vote. The Senator from Minnesota has issue of all, which has to do with rep- than 50-percent membership of million- 5 minutes remaining, and the Senator resentation, let them decide. If they aires—because most people in this from New Jersey has 5 minutes. don’t want to adopt such a system, country cannot afford to run for the Mr. WELLSTONE. I say to my col- they won’t, but let them decide. Senate. That is how our democracy in league from Massachusetts, if he would Secondly, by doing that, we will nur- this country is, in fact, distorted. We like, I will yield an additional 5 min- ture and provoke a wave of grassroots do not have a true representation in utes to him. I will reserve the final 5 citizen involvement because people will the so-called upper body of America be- minutes. We are in complete agree- realize that at their State level not cause too many people cannot even ment. He is making a very strong only can they adopt clean money, clean begin to think about running for office statement for clean money, clean elec- elections that affect State races, but in this country. tions. they can do it so that it will affect our Last time I ran in the State of Mas- Mr. REID. Madam President, if the races. sachusetts, the Governor of the State, Senator will yield, the Senator from This is simply an amendment that a Republican, joined with me in put- New Jersey is on his way. He has 5 min- says: Let the States, our States, make ting a limit on what we would spend. utes. The Senator from Minnesota has the decision whether they want to We voluntarily agreed to no inde- 5 minutes. The rest is under the con- adopt such a voluntary system of par- pendent expenditures. We voluntarily trol of the Senator from Kentucky. tial or full public financing or clean agreed to no soft money. We volun- That was the understanding we had. money, clean elections. tarily agreed on a total limit of how Mr. WELLSTONE. I am sorry, I was Senator CORZINE and Senator BIDEN much we would spend in our campaign under the impression that the Senator are on the floor. I yield the final 6 or 7 on the ground and in the media. from New Jersey would not be able to minutes equally divided between the The result of that was, we had nine 1- make it at all. two of them. I yield 3 minutes to the hour televised debates. And in the Mr. REID. He is on his way. Senator from Delaware. course of those nine 1-hour televised Mr. WELLSTONE. I will take my The PRESIDING OFFICER. The Sen- debates—in the course of all the free time now. This is a joint effort. There ator from Minnesota has used his 5 media—the people in the State were are a number of different Senators who minutes. able to hear a debate about Social Se- are part of this: Senator CANTWELL The Senator from Delaware. curity, a debate about Medicare, a de- worked very hard on this, Senator Mr. BIDEN. Madam President, I bate about health care, a debate about KERRY; Senator BIDEN is an original co- thank my colleague from Minnesota, the economy; and they ultimately sponsor; Senator CORZINE is an original Senator WELLSTONE, for bringing this made a decision. cosponsor; Senator CLINTON is an origi- amendment to the Senate, and I am I say to my colleagues, I warrant nal cosponsor. There are other Sen- pleased to join him in this effort to fi- that 95 percent or 100 percent of the ators as well. nally break the ice on getting rid of dollars we spent on paid advertising— My colleague from Kentucky has special interest money in our cam- which were equal amounts—was a com- made the argument before—in fact, I paigns—once and for all. plete wash, a mishmash that ulti- remember debating him on MacNeil, He and I have been at this for a long mately did not affect the outcome. Lehrer that public financing, a clean time, a very long time. And while I We are hocking the Congress of the money, clean election bill, which Sen- support the McCain-Feingold bill, we United States to our fundraising ef- ator Kerry and I have written, would have to remember that it only address- forts in order to be able to run paid ad- amount to ‘‘food stamps for politi- es a portion of the problems we have. vertisements that result, generally cians.’’ The problem with that argu- Indeed, the effort to secure real re- speaking, in a clouding of the issues, ment is that it presupposes that the form of the way we finance political not a shedding of light to people about election belongs to the politicians. The campaigns has been a central concern what these issues are really about. election belongs to the people we rep- of my entire Senate career, almost The only way to stop having Ameri- resent. three decades. In fact, the first Com- cans ask about the influence of money I argue that McCain-Feingold is a mittee testimony I ever gave as a U.S. is to adopt the greatest division be- step in the right direction, but if we Senator, back in 1973, was to speak in tween us and the influence of the want to have a system that gets out a favor of public financing and spending money. And that will come through lot of the big money, brings people limits for campaigns. some form of public financing. back in, is not so wired for incumbents, And if you think campaign finance I will be speaking more about this in and assures that we have a functioning reform is a tough issue today, let me the next few days. I will be offering an representative democracy where we do tell you, as some of my colleagues well amendment to this bill that tries to go live up to the goal of each person remember, it was truly unpopular then. further than what we currently have on counting as one, and no more than one, As I continued to push for public the table. I know the reason Senators frankly, clean money, clean elections funding of campaigns in 1974, my goal

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.073 pfrm03 PsN: S21PT1 S2628 CONGRESSIONAL RECORD — SENATE March 21, 2001 was to get rid of special interest financing, including a separation of its in congressional campaigns, in ex- money—money that pollutes the sys- powers question regarding how Com- change for certain public funding bene- tem and drowns out the voices of ordi- missioners to the FEC were appointed. fits, as well as restrictions on PAC re- nary persons. Special interest money In response to the Court’s decision, ceipts and soft money. has a tendency to influence anyone Congress enacted additional amend- But the legislation was vetoed by running for public office, or at a min- ments to the FECA in 1976, which President George H.W. Bush, and our imum, casts that impression that again, I supported. One amendment re- Senate override vote failed by 57–42. elected officials are beholden to some- pealed the spending limits except for When we resubmitted the legislation one other than the American people. publicly financed campaigns; another the following year, with Senator Boren Public financing also helps to level addressed the FEC appointment proce- again as the lead sponsor and with the financial playing field for chal- dures; and another restricted and regu- President Clinton’s support and, in- lengers taking on well established in- lated PAC fund-raising. I also sup- deed, some additional provisions pro- cumbents who had virtually all of the ported a third round of refining FECA posed by the White House, the Congres- fund-raising muscle. amendments, which passed in 1979. sional Campaign Spending Limit and But again, I encountered a lot of op- In addition to those successes in the Election Reform Act again got pretty position, from colleagues on both sides 1970s, there were also frustrations. In far. Just as I had done 20 years before, I of the aisle. A story I know I have told 1977, I introduced legislation to pro- testified before the Senate Rules Com- before: One senior Senator pulled me hibit the personal use of excess cam- mittee, arguing for public financing as aside in the cloakroom, and told me paign funds by defeated candidates, by the only road to true campaign finance that he had worked hard and earned his retired or resigned Federal office hold- reform. The bill, with one major com- seniority, and he was not going to open ers, or by the survivors of a deceased the door for some challenger to be able promise amendment, passed the Senate office holder. The bill was debated on 60–38, but a compromise with the House to raise as much money as he could. He the floor, but ultimately failed. basically asked me—I expect when he proved more difficult, and our debate The greater frustrations of the late ended with a filibuster against appoint- would tell the story, he didn’t ask me, 1970s and early 1980s were, first, that he told me—to stop what I was doing. ing conferees. partisan stalemate kept us from mak- The 104th Congress saw a famous In that same year, 1974, I wrote an ar- ing additional progress, and second, ticle for the Northwestern University handshake between President Clinton that despite our efforts with the FECA and the Speaker of the House, Mr. Law Review, outlining the three prin- amendments, individual campaigns and cipal reasons that I was pursuing cam- Gingrich, signaling their ‘‘agreement political parties were bypassing the in principle’’ to pursue campaign fi- paign finance reform. First, a political laws by taking advantage of loopholes process that relied totally on private nance reform. And the two major in the regulatory language and system. sweeping reform bills, which continue contributions allowed for, at the very We finally broke the stalemate on re- least, the potential of wealthy individ- to dominate our debates today, were form legislation in the Senate, and on born McCain-Feingold in the Senate, uals and special interest groups exer- narrowing one of the biggest loopholes, cising a disproportionate influence and Smith-Meehan-Shays, now known by delineating more specific guidelines as Shays-Meehan, in the House. over the system. for the use of political action commit- Second, such a process meant that Then in 1997, I again partnered with tees, or PACs, when we passed the Senator KERRY, as well as Senators wealthy candidates had an almost in- Boren-Goldwater amendment in 1986, WELLSTONE, Glenn and LEAHY, to intro- surmountable advantage. And third, in- legislation I was proud to cosponsor. duce the Clean Money, Clean Elections cumbents had an equally daunting ad- This would have reduced PAC contribu- Act. vantage; the system virtually locked tions and put a total limit on the That proposal would have wiped pri- them into office. vate money out of the campaign sys- We did make some progress in 1974, amount of PAC money a candidate tem almost entirely, by greatly reduc- largely because of documented abuses could accept. ing the limit on individual contribu- in the 1972 presidential campaign, with But the celebration was short-lived, tions and imposing an additional limit the passage of Amendments to the Fed- and progress on campaign finance re- form stalled again, despite our con- for each state. Candidates would have eral Election Campaign Act of 1971, received public funds and free media known as the FECA. The 1974 amend- tinuing efforts to give it a legislative jump start. time, calculated by State size. ments, which I supported, established Unfortunately, as with so many other the Federal Election Commission to With my colleagues, Senator KERRY from Massachusetts and then-Senator proposals directed toward public fi- help ensure proper enforcement of cam- nancing for congressional campaigns, paign laws, and also set the now famil- Bradley from New Jersey, I offered public campaign financing bills in the we got no further than a referral to iar federal campaign contribution lim- committee. its of $1,000 for individuals and $5,000 101st, the 102nd and the 103rd Con- gresses. In recounting this history, I do not for political action committees. mean to sound downtrodden or discour- The amendments further established Others among our colleagues were equally persistent during this era, per- aged. campaign spending limits and ex- We have made progress through con- haps most notably, Senators Boren and panded public financing for presi- gressional action—with the FECA Mitchell, Senator Danforth and Sen- dential campaigns. amendments and since 1979, the elimi- Not unexpectedly, the constitu- ator HOLLINGS, who has proposed a con- nation of honoraria and the ‘‘grand- tionality of the 1974 amendments was stitutional amendment to allow Con- father clause’’ on the personal use of challenged almost immediately, and gress to pass legislation setting manda- excess campaign funds, the National the Supreme Court decided the issue in tory limits on contributions and ex- Voter Registration Act and the in- its 1976 landmark ruling, Buckley v. penditures for federal campaigns. I crease in the tax return checkoff for Valeo. have supported that proposal in the the Presidential Election Campaign The Court upheld the law’s contribu- past, as well as other reforms sug- Fund from $1 to $3. tion limits, but overturned the limits gested by the distinguished Senator The 106th Congress saw no fewer than on expenditures as a too severe restric- from South Carolina and other col- 85 campaign finance reform bills intro- tion of political speech. The Court did leagues. duced, 24 of them in the Senate, includ- leave open, however, the possibility of We did manage to pass several sig- ing the McCain-Feingold bill that we spending limits for publicly financed nificant pieces of legislation through are debating today, as well as the campaigns—which, so far, despite my the Senate, only to have the process Hagel-Kerrey bill on which hearings best efforts, has been limited to presi- stalled again in the conference process. were held last spring. dential campaigns—because the can- And as I know many of my colleagues While none of the sweeping reform didates could disregard the limits if will remember, we even managed to get proposals made it through the last they rejected the public funds. a pretty good bill out of conference and Congress, we did take a small but im- There were additional issues in the through both Houses, in 1992—a bill portant step, enacting a proposal ini- case, not directly related to campaign that included voluntary spending lim- tially offered by Senator LIEBERMAN

VerDate 21-MAR-2001 02:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.075 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2629 and later incorporated into an amend- need for perpetual fundraising by elect- is too much money involved in politics. ment he sponsored with Senators ed officials. In their home States, if they like the McCain and Feingold. But above all else, it helps restore idea of too much money continuing to The legislation, which in virtually the American people’s faith in our de- be involved in politics, so be it; they identical form to McCain-Feingold- mocracy. can decide that. But if they decide that Lieberman was signed into law by The truth is that campaigns are fi- there is a way to get the big money out President Clinton last July, addressed nanced by people, and when they are fi- and a way to make sure every single the problem of so-called ‘‘stealth nanced by all the people—not just a voter in the State has the same say as PACs,’’ operating under section 527 of small percentage—they will create any wealthy person, then they might the tax code. much better government and will do do this. Such organizations claimed tax ex- the one thing that most needs to be This is so modest, it is almost embar- empt status, but at the same time also done at this time, and that is to begin rassing to have to argue for its pas- claimed exemption from regulation to restore public confidence in the sys- sage. It is the single most insightful under the FECA. That meant these tem. Either all of America decides who way to understand why what we are stealth PACs could try to influence po- runs for office, or only a few people. doing doesn’t mean much. litical campaigns with undisclosed and It’s as simple as that. The PRESIDING OFFICER. The time unregulated contributions, all tax free. And if we cannot pass this at the of the Senator has expired. The new law closes that loophole, re- Federal level, let’s at least give the The Senator from New Jersey. quiring 527 organizations to adhere to States the chance to do it, as Senator Mr. CORZINE. Madam President, I appropriate regulatory and disclosure WELLSTONE is proposing. The fact is, rise today in strong support of the requirements. Again, an important the States have been leading the way Wellstone-Cantwell States’ Rights step. when it comes to public financing. amendment. I am proud to be a cospon- And I hope it is a step that gives us My home State is now considering sor of this amendment which will allow momentum to make further progress in such a proposal. If candidates can agree States to attempt innovative ap- the 107th Congress. My own legislative to spending limits, and choose public proaches to campaign finance reform initiatives, throughout my career, have financing over special interest money, on their own initiative. focused on public financing of federal we should not stand in the way of al- The McCain-Feingold reform bill campaigns, and I continue to believe lowing a state to pursue an avenue of goes a long way towards reforming the that it is truest course to reform. reform that we are reluctant to take campaign system. This amendment al- But I have been in the past, and will here in Washington. lows States to go even further. It be in our deliberations now, willing and Public financing is the true, com- would allow States to use money from eager to support other brands of reform prehensive way to reform. While I their own treasuries, to ensure that that offer responsible regulation and would prefer to enact public financing campaigns are funded with clean close what can, at times, seem like an at the federal level, I nevertheless sup- money. Money that is free from the endless chain of newly exploited loop- port my colleague’s effort to restore taint of special interest. holes in existing law. faith in our electoral process by giving As you well know, States have his- Our goal, whatever proposal is at States the go ahead. torically acted as engines of reform. issue, must be to uphold the public Madam President, I don’t understand Some States, including New Jersey, trust and to secure public confidence in what my friend from Kentucky gets so have adopted strong public financing the integrity of our election process. worried about. I know he disagrees systems allowing candidates a level We are not entitled to that confidence; with guys like me and the Senator playing field when seeking statewide we have to earn it. from Massachusetts about public fi- office. However, when it comes to cam- That is no small task, especially hav- nancing of elections, which I think is paigns for Federal office, these States ing just emerged from an election that the only way we ever clean this up. hands are tied. According to the Fed- was not only contentious but expen- This is a simple yet important eral Election Campaign Act, Federal sive—the total amount raised just by amendment. All we are saying is, if candidates are not allowed to take part the two national parties was close to your State decides it wants to put in a in those financing systems. $1.2 billion, a $300 million increase from financing system and if both can- This amendment is remarkably sim- the 1996 election cycle. didates running for office or three can- ple. It allows States to extend to Fed- And half of that $1.2 billion was so- didates running for that office agree to eral candidates public funding solu- called ‘‘soft money,’’ raised and spent abide by it, then what is the big deal? tions already available to candidates beyond the reach of federal regulation, I find it so fascinating that by and seeking State office. although certainly with the intent of large my Republican friends talk about The fundamental reason McCain- influencing some Federal elections. As States rights so much. They are such Feingold is important is that it holds the amounts and creative uses of soft great champions of States rights. They the promise to reduce the amount of money have grown, we must give the would love the Environmental Protec- dirty money in the campaign process, issue the serious consideration it mer- tion Agency to be subservient to the to reduce any appearance of impro- its, as, I might add, McCain-Feingold States. They think the 11th amend- priety on the part of representatives does, with its outright ban on soft ment means something the Supreme elected to do the people’s work. Some money raising and spending in Federal Court, unfortunately, has decided it States have already realized that pub- races. means. The States are the repository of lic financing is the necessary next step In the past, as I’ve attempted to sum- wisdom to my friends on the other side in the equation, that public money is marize today, we have made some of the aisle, by and large. clean money. However, states find progress, but time and time again, we We are not going to even allow the themselves restrained in enacting a so- have stopped short of how far we need States, if they choose, to set up a fi- lution. to go on campaign finance reform. nancing system for elections if all the This amendment will not cost the The amendment offered by Senator candidates voluntarily agree. If they U.S. Government a penny. It does not WELLSTONE today gives us at least a don’t voluntarily agree, they can’t do mandate public financing in any way. chance, for Senate races in some it constitutionally, in my view. Here In fact, the United States already pro- States, to discard the influences of spe- we are with even this modest attempt. vides public support for candidates cial interests. What we are afraid of on this floor is seeking the presidency. And this Public financing allows candidates to the public one day waking up and say- amendment does not propose to extend compete on an equal footing where the ing: Hey, the emperor has no clothes; the same financing to all Federal can- merits of their ideas outweigh the size this has been a big sham. Gosh, look at didates. Rather it allows States the of their pocketbook. It frees members this, I didn’t realize this. freedom to offer public financing and a from the corroding dependence on per- All they know now is generically more level playing field for candidates sonal or family fortune or the gifts of they don’t like the way we do business. seeking Federal office. Do we allow special interest backers. It ends the All they know now is generically there States the freedom to determine the

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.076 pfrm03 PsN: S21PT1 S2630 CONGRESSIONAL RECORD — SENATE March 21, 2001 format of their own campaign finance to $3, so fewer and fewer people could the overwhelming majority of the Sen- systems? Or do we allow reform to end divert greater and greater amounts of ate will agree that authorizing the use with McCain-Feingold, to end with the money to try to make up for the short- of tax dollars for political campaigns is Congress? fall that was occurring because of lack a uniquely bad idea—and already tried. New Jersey has an excellent public fi- of participation, lack of interest, and We have had a 25-year experiment that nancing system for gubernatorial can- opposition to the Presidential publicly has wasted over a billion dollars of tax- didates. Allowing the State to extend funded elections. payer dollars and funded fringe can- this system to include Federal can- In the 2000 campaign just completed, didates, including those in jail, and to didates holds a great deal of promise. the 2000 Presidential primary, can- replicate that in any of our States, it In New Jersey, candidates seeking pub- didates were only able to receive a per- seems to me, is a very bad idea. lic financing agree to a funding cap centage of the matching funds they I hope Members of the Senate will op- that keeps pace with inflation. Then, were due that year, even with three of pose this amendment which will be for every dollar raised by the can- the Republican candidates—Governor voted upon shortly. didate, the State matches him with Bush, Steve Forbes, and Senator Are there any other Members who two. When all is said and done, the can- HATCH—not accepting taxpayer funds. wish to speak? didate has to do one-third of the fund- So they have had a problem, even with Mr. WELLSTONE. Madam President, raising. Imagine all the additional the $3 checkoff, dealing with keeping do we have any time left? time you could spend engaging with this fund adequately up to snuff. The PRESIDING OFFICER. The Sen- voters about the issues that affect Now the other thing worthy of notice ator has consumed all of his time. their lives as opposed to overburdened is, even if a State were to set up tax- Mr. WELLSTONE. All right. with fundraising responsibilities. Poli- payer funding of the election system, The PRESIDING OFFICER. There ticians can spend less time on the fund- they could not constitutionally deny are 21⁄2 minutes before the vote. raising circuit and more time on the this money to fringe and crackpot can- Mr. MCCONNELL. I am prepared to campaign trail. The Democratic can- didates. It is worth noting that over yield back the remainder of my time. didate for governor, Mayor James the history of the taxpayer-funded sys- Have the yeas and nays been ordered? The PRESIDING OFFICER. They McGreevey, stopped fundraising for the tem for Presidential elections that have not been ordered. June primary in January. began a quarter century ago, taxpayers Mr. MCCONNELL. I ask for the yeas This amendment will allow States ponied up more than $1 billion overall, and nays. like New Jersey to pick up where and $40 million of it has gone to can- The PRESIDING OFFICER. Is there a McCain-Feingold leaves off. It allows didates such as Lyndon LaRouche and sufficient second? State governments to create a truly Lenora Fulani. Larouche got taxpayer There is a sufficient second. level playing field in the States and money while he was still in jail. The question is on agreeing to the serve as examples to the Nation of real- It is important for my colleagues to amendment of the Senator from Min- istic and forward-looking approaches understand that even if a State, with nesota. to campaign finance reform. I strongly concurrence of the candidates for Con- The clerk will call the roll. urge my colleagues to vote for this gress, decided to set up a taxpayer- The assistant legislative clerk called amendment. funded scheme for the election for the the roll. The PRESIDING OFFICER. The Sen- Senate in that particular State, there The result was announced—yeas 36, ator from Kentucky is recognized. would be no way, constitutionally, to nays 64, as follows: Mr. MCCONNELL. Madam President, restrict those funds to just the can- [Rollcall Vote No. 42 Leg.] about the only thing more unpopular didates of the Republican Party and YEAS—36 than taxpayer funding of elections the Democratic Party. So you would Akaka Dodd Mikulski would be a congressional pay raise. The have an opportunity all across America Bayh Durbin Murray American people hate, detest, and de- to replicate the system we have had in Biden Edwards Nelson (FL) spise the notion that their tax dollars the Presidential system, where fringe Bingaman Graham Nelson (NE) would be used to fund political cam- Boxer Harkin Reed and crackpot candidates get money Cantwell Hollings Reid paigns. We have the biggest survey in from the Treasury to pay for their Carper Inouye Rockefeller the history of America on this very campaigns for office. Cleland Johnson Sarbanes subject taken every April 15 when I think this is really an issue that Clinton Kennedy Stabenow Corzine Kerry Torricelli Americans have an opportunity on greatly separates many Senators philo- Daschle Levin Wellstone their income tax returns to check off $3 sophically, as to whether or not reach- Dayton Lieberman Wyden of taxes they already owe to divert into ing into the Treasury—whether the NAYS—64 the Presidential election campaign Federal or State treasury—and pro- Allard Enzi McCain fund. viding subsidies for political can- Allen Feingold McConnell This is not an add-on to their tax didates is a good idea. We used to call Baucus Feinstein Miller burden. This is $3 in taxes they already it food stamps for politicians. In the Bennett Fitzgerald Murkowski owe. They have an option to divert Bond Frist Nickles early nineties, it was called vouchers. Breaux Gramm Roberts that away from children’s nutrition Candidates were going to get taxpayer- Brownback Grassley Santorum programs, or the national defense, or paid vouchers for campaigns—food Bunning Gregg Schumer whatever might be considered worth- stamps for politicians, for goodness’ Burns Hagel Sessions Byrd Hatch Shelby while, into a fund that has been main- sake. Can you imagine how the Amer- Campbell Helms Smith (NH) tained since 1976, to pay for the cam- ican people would feel about such an Carnahan Hutchinson Smith (OR) paigns for President of the United absurd idea? Chafee Hutchison Snowe States and to buy buttons and balloons So I certainly hope the Senate will Cochran Inhofe Specter Collins Jeffords Stevens for the national conventions. not go on record as giving to the States Conrad Kohl Thomas So we have this massive survey every the option to squander tax dollars in Craig Kyl Thompson April 15 in which Americans get to vote such an absurd way. I have some opti- Crapo Landrieu Thurmond DeWine Leahy Voinovich on this very issue. The high water mism about the bill we are currently Domenici Lincoln Warner mark of American participation in the debating, the McCain-Feingold bill, Dorgan Lott Presidential checkoff was 28.7 percent. and I am authorized by Senator Ensign Lugar That was in 1980—about 20 years ago. MCCAIN to indicate that he intends to The amendment (No. 125) was re- At that time, the high water mark, 28.7 oppose this amendment. He doesn’t jected. percent, of Americans were willing to think it would add to the underlying The PRESIDING OFFICER. The Sen- divert $1 of the taxes they already bill and go in the direction he would ator from Kentucky. owed into this fund. It has been con- like. Mr. MCCONNELL. Mr. President, I sistently tracking down over the years So this is one of those rare occasions move to reconsider the vote. to a point where about 10 years ago the upon which Senator McCain and I will Mr. DODD. I move to lay that motion Congress changed the dollar checkoff agree on an amendment, and we hope on the table.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.079 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2631 The motion to lay on the table was tion regarding the dues, fees, and assess- mal constitutional requirements. agreed to. ments spent at each level of the labor orga- There are some bright lines drawn by The PRESIDING OFFICER. The Sen- nization and by each international, national, the Supreme Court on this issue and I ator from Kentucky. State, and local component or council, and will get to that. each affiliate of the labor organization and AMENDMENT NO. 134 information on funds of a corporation spent The Founders of our country cer- Mr. MCCONNELL. The next amend- by each subsidiary of such corporation show- tainly understood the link between free ment is now the Hatch amendment, ing the amount of dues, fees, and assess- elections and liberty. Representative and I see the Senator from Utah is on ments or corporate funds disbursed in the government—with the consent of the the floor. I yield the floor. following categories: people registered in periodic elec- The PRESIDING OFFICER. The Sen- ‘‘(A) Direct activities, such as cash con- tions—was—to these prescient leaders ator from Utah. tributions to candidates and committees of of the new nation—the primary protec- Mr. HATCH. I send an amendment to political parties. tion of natural or fundamental rights. the desk and ask for its immediate con- ‘‘(B) Internal and external communications relating to specific candidates, political As Thomas Jefferson put it in the Dec- sideration. laration of Independence, to secure The PRESIDING OFFICER. The causes, and committees of political parties. ‘‘(C) Internal disbursements by the labor rights ‘‘Governments are instituted clerk will report the amendment. organization or corporation to maintain, op- among Men’’ and must derive ‘‘their The senior assistant bill clerk read as erate, and solicit contributions for a sepa- just Powers from the Consent of the follows: rate segregated fund. Governed.’’ The Senator from Utah [Mr. HATCH] pro- ‘‘(D) Voter registration drives, State and That freedom of speech and press was poses an amendment numbered 134. precinct organizing on behalf of candidates considered by Madison to be vital in as- Mr. HATCH. I ask unanimous consent and committees of political parties, and get- suring that the electorate receives ac- out-the-vote campaigns. the reading of the amendment be dis- curate information about political can- ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For pensed with. didates was demonstrated by his vehe- The PRESIDING OFFICER. Without each of the categories of information de- scribed in a subparagraph of paragraph (1), ment arguments against the Alien and objection, it is so ordered. the report shall identify the candidate for Sedition Acts in 1800. The Sedition Act, The amendment is as follows: public office on whose behalf disbursements of course, in effect, made it a crime to (Purpose: To strike section 304 and add a pro- were made or the political cause or purpose criticize government or government of- vision to require disclosure to and consent for which the disbursements were made. ficials. Its passage was a black mark on by shareholders and members regarding ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— use of funds for political activities) our history. The report under subsection (a) shall also Although the exact meaning or pa- Beginning on page 35, strike line 8 and all list all contributions or expenditures made that follows through page 37, line 14, and in- by separated segregated funds established rameters of the First Amendment are sert the following: and maintained by each labor organization not clear, a thorough reading of Su- SEC. 304. DISCLOSURE OF AND CONSENT FOR or corporation. preme Court jurisprudence provides DISBURSEMENTS OF UNION DUES, ‘‘(d) TIME TO MAKE REPORTS.—A report re- constructive guides for us in Congress. FEES, AND ASSESSMENTS OR COR- quired under subsection (a) shall be sub- Political speech is necessarily inter- PORATE FUNDS FOR POLITICAL AC- mitted not later than January 30 of the year TIVITIES. twined with electoral speech, particu- beginning after the end of the election cycle larly the right of the people in election Title III of the Federal Election Campaign that is the subject of the report. Act of 1971 (2 U.S.C. 431 et seq.) is amended ‘‘(e) DEFINITIONS.—In this section: cycles to criticize or support their gov- by inserting after section 304 the following: ‘‘(1) ELECTION CYCLE.—The term ‘election ernment. Indeed, the form of govern- ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF cycle’ means, with respect to an election, the ment established by the Constitution is UNION DUES, FEES, AND ASSESS- period beginning on the day after the date of uniquely intertwined with freedom of MENTS OR CORPORATE FUNDS FOR the previous general election for Federal of- speech. The very structure of the Con- POLITICAL ACTIVITIES. fice and ending on the date of the next gen- ‘‘(a) DISCLOSURE.—Any corporation or stitution itself establishes a represent- eral election for Federal office. labor organization (including a separate seg- ative democracy, which many observ- ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- regated fund established and maintained by ical activity’ means— ers, including myself, find to be a form such entity) that makes a disbursement for ‘‘(A) voter registration activity; of government that would be meaning- political activity or a contribution or ex- ‘‘(B) voter identification or get-out-the- less without freedom to discuss govern- penditure during an election cycle shall sub- vote activity; ment and its policies. mit a written report for such cycle— ‘‘(C) a public communication that refers to To get to the heart of the matter ‘‘(1) in the case of a corporation, to each of a clearly identified candidate for Federal of- its shareholders; and being discussed today, I want to turn fice and that expressly advocates support for to the seminal Supreme Court case of ‘‘(2) in the case of a labor organization, to or opposition to a candidate for Federal of- each employee within the labor organiza- Buckley v. Valeo. fice; and In short, Buckley and its progeny tion’s bargaining unit or units; ‘‘(D) disbursements for television or radio disclosing the portion of the labor organiza- broadcast time, print advertising, or polling stand for the following propositions: (1) tion’s income from dues, fees, and assess- for political activities.’’ money is speech; that is, electoral con- ments or the corporation’s funds that was Mr. HATCH. Madam President, I rise tributions and expenditures are enti- expended directly or indirectly for political tled to First Amendment protection; activities, contributions, and expenditures today to say a few words on the task at hand, namely reforming our campaign (2) contributions are entitled to less during such election cycle. protection than expenditures because ‘‘(b) CONSENT.— finance laws and doing it within the ‘‘(1) PROHIBITION.—Except with the sepa- contours of the First Amendment of they create the appearance of corrup- rate, prior, written, voluntary authorization our Constitution. I fully appreciate tion or quid pro quos; (3) express advo- of a stockholder, in the case of a corpora- that the issue of campaign finance is of cacy is entitled to less deference than tion, or an employee within the labor organi- growing concern to the American elec- issue advocacy; (4) corporate donations zation’s bargaining unit or units in the case torate and has already played an im- and corporate express advocacy ex- of a labor organization, it shall be unlawful— portant role in the recent election. And penditures may be restricted; (5) polit- ‘‘(A) for any corporation described in this ical party independent expenditures section to use funds from its general treas- I commend my colleagues, Senators ury for the purpose of political activities; or MCCAIN and FEINGOLD for their bold may not be restricted at least if not ‘‘(B) for any labor organization described leadership in an effort to address the connected to a campaign; and (6) re- in this section to collect from or assess such public perception that our political strictions on soft money are probably employee any dues, initiation fee, or other system may be corrupt. At this time, I unconstitutional because soft money payment if any part of such dues, fee, or pay- will simply explain the limitations we does not create the same problem of ment will be used for political activities. all face in this endeavor. Limitations corruption from quid pro quos that ‘‘(2) EFFECT OF AUTHORIZATION.—An author- imposed by the cherished First Amend- contributions bring. I will explain ization described in paragraph (1) shall re- ment of our constitution. During the these further. main in effect until revoked and may be re- To understand why certain recent voked at any time. course of the coming days, I will more ‘‘(c) CONTENTS.— specifically address the underlying leg- campaign finance reform measures, ‘‘(1) IN GENERAL.—The report submitted islation, and where in my analysis of such as the well-intentioned McCain- under subsection (a) shall disclose informa- the law it falls short of meeting mini- Feingold bill, infringe on free speech

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.082 pfrm03 PsN: S21PT1 S2632 CONGRESSIONAL RECORD — SENATE March 21, 2001 and free elections, it is necessary to ly identified candidate for federal of- ous regulation, Buckley’s progeny survey the Supreme Court’s decisions fice.’’ As we have heard before, a foot- filled in the flesh. Let me mention a on campaign finance reform and the note to the opinion elaborated on what few of the main cases. problems it brings to free speech. The has later been termed ‘‘express advo- In First National Bank v. Bellotti, granddaddy of these cases is Buckley v. cacy.’’ To the Court, communications decided in 1978, the Supreme Court re- Valeo, 424 U.S. 1 (1976). Buckley estab- that fall under FECA’s purview must affirmed its view in Buckley that ex- lished the free speech paradigm in contain ‘‘magic words’’ like ‘‘vote for’’ penditures for issues are directly re- which to weigh the competing cam- or ‘‘elect’’ or ‘‘support’’ or ‘‘Smith for lated to expression of political ideas paign reform proposals. Congress’’ or ‘‘vote against’’ or ‘‘de- and are, thus, on a higher plane of con- As my colleagues know well, two dec- feat’’ or ‘‘reject.’’ Communications stitutional values requiring the strict- ades ago, in the wake of the Watergate without these electoral advocacy terms est of scrutiny. Bellotti found a Massa- scandal, Congress passed the Federal have subsequently almost always been chusetts law that prohibited ‘‘corpora- Election Campaign Act, or FECA. The classified by courts as ‘‘issue advo- tions from making contributions or ex- Act imposed a comprehensive scheme cacy’’ entitled to full First Amendment penditures for the purpose of . . . influ- of limitations on the amount of money strict scrutiny protection. that can be given and spent in political One important underpinning of the encing or affecting the vote on any campaigns. FECA capped contributions Buckley Court’s view of the relation- question submitted to the voters’’ un- made to candidates and their cam- ship between the freedom of speech and constitutional because it infringed paigns, as well as expenditures made to elections is that money equates with both (1) the First Amendment right of effect public issues, including those speech. The Court in a fit of prag- the corporations to engage in issue ad- that arise in a campaign. The Act also matism recognized that effective vocacy and, (2) the First Amendment required public disclosure of money speech requires money in the market right of citizens to ‘‘public access to raised and spent in federal elections. place to compete. discussion, debate, and the dissemina- The Supreme Court in Buckley But beyond looking at the purpose of tion of information and ideas.’’ upheld against a First Amendment campaign finance laws, it is clear that Bellotti did not involve restrictions challenge the limitation on contribu- restrictions on political spending have on corporate donations to candidates. tions but not the limitations on ex- the result of limiting the amount and The Court distinguished between por- penditures. The Court reasoned that effectiveness of speech. Let me borrow tions of the law ‘‘prohibiting or lim- contributions implicated only limited Professor Sullivan’s example of a law iting corporate contributions to polit- free speech interests because contribu- restricting the retail price of a book to ical candidates or committees, or other tions merely facilitated the speech of no more than twenty dollars. To Jus- means of influencing candidate elec- others, i.e., candidates. Crucial to the tice Steven such a law is about money tions’’—which were not challenged— Court’s analysis was its belief that lim- and not about a particular book. But and provisions ‘‘prohibiting contribu- iting contributions was a legitimate does not such a law limit the amount tions and expenditures for the purpose governmental interest in preventing and effectiveness of speech because it of influencing . . . questions submitted ‘‘corruption’’ or the ‘‘appearance of creates a disincentive to write and pub- to voters,’’ i.e., issue advocacy. The corruption’’ because such limitations lish such books. The Supreme Court Court explained that the concern that would help prevent any single donor has, as Professor Sullivan pointed out, justified the former ‘‘was the problem from gaining a disproportionate influ- repeatedly held that financial disincen- of corruption of elected representatives ence with the elected official—the so- tives to specific content-based speech, through creation of political debts’’ called ‘‘quid pro quo’’ effect. A similar just as much as direct prohibitions on and that the latter ‘‘presents no com- interest justified mandatory public dis- such speech, trigger strict First parable problem’’ because it involved closure of political contributions above Amendment review. contributions and expenditures that minimal amounts. And I must emphasize that restric- would be used for issue advocacy rather But Buckley reasoned that expendi- tions on campaign contributions and than communication that expressly ad- tures of money by the candidate or expenditures cannot be justified as con- vocate the election or defeat of a can- others outside the campaign did not tent neutral regulation. The Buckley didate. implicate the same governmental in- Court rejected the example given by In Citizens Against Rent Control/Co- terests because expenditures relate di- defenders of the regulations at hand alition for Fair Housing v. Berkeley, rectly to free speech and are less likely that spending and contribution limits the Court once again gave full panoply to exert a quid pro quo. Therefore, to are similar to limiting the decibel level of protection to expenditures linked to the Court, limitations on expenditures on a sound truck and do not stop the communication of ideas. In this case could not be justified on any anti-cor- truck from broadcasting. The Court re- the Court invalidated a city ordinance ruption rationale. Nor could they be jected that analogy because, to the that limited to $250 contributions to justified by a theory—popular in rad- Court, decibel limits aim at protecting committees formed solely to support or ical circles—that limitations on ex- the eardrums of the closest listener, oppose ballot measures submitted to penditures, particularly on the wealthy not at preventing the sound truck from popular vote. The Court held that it is or powerful, equalize relative speaking reaching a larger audience. To the an impairment of freedom of expres- power and ensure that the voices of the Court, unlike decibel limits, limits on sion to place limits on contributions masses will be heard. campaign expenditures and contribu- which in turn directly limit expendi- The Court viewed such governmental tions do restrict the communicative ef- tures used to communicate political attempts at balance as an abomination fectiveness of speech. The Court was ideas, without a showing of the ‘‘cor- to free speech and held that this jus- right. tification for restraints on expendi- Buckley’s other key underpinning is ruption’’ element laid out in Buckley. tures was ‘‘wholly foreign to the First its ‘‘strict scrutiny″ justification of the In Federal Election Commission v. Amendment.’’ It seems to me that such restrictions on direct contributions to National Conservative Political Action ‘‘balance’’ is, in reality, a form of sup- campaigns as needed to combat ‘‘cor- Committee, the Court once again relied pression of certain viewpoints, a posi- ruption’’ and the ‘‘appearance of cor- on Buckley’s distinction between ex- tion that flies in the face of Justice ruption’’—in other words ‘‘quid pro penditures and contributions, with the Holmes’ notion that the First Amend- quo’’ exchanges. This has been criti- former receiving full first amendment ment prohibits suppression of ideas be- cized by the congressional reformers protection. The Court invalidated a cause truth can only be determined in not as over-inclusive, but ironically as section of the Presidential Election the ‘‘marketplace’’ of competing ideas. under-inclusive. I believe the under- Campaign Fund Act which made it a Significantly, the Supreme Court in lying bill goes much further than criminal offense for an independent po- Buckley held that any campaign fi- Buckley. litical committee or PAC to spend nance limitations apply only to ‘‘com- If Buckley v. Valeo established the more than $1000 to further the election munications that in express terms ad- skeleton of First Amendment protec- of a Presidential candidate who elects vocate the election or defeat of a clear- tion of the electoral process from oner- to receive public funding. The Court

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.083 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2633 held that the PAC’s independent ex- Finally, there is the very recent case tures made to and by organizations penditures were constitutionally pro- of Nixon, just last year. I remember such as political parties or advocacy tected because they ‘‘produce speech at that when this case was decided, pro- groups. These organizations are less ac- the core of the first amendment.’’ ponents of so-called campaign finance countable to the voter. The net result One year later, in Federal Election reform gloated that this case supported is the growth of yet another huge gov- Commission v. Massachusetts Citizens their positions. In my view, all the case ernment bureaucracy to police an in- for Life, Inc., decided in 1986, the Su- did was extend Buckley’s restrictions herently unworkable scheme. preme Court clarified the distinction on contributions to State campaign fi- Furthermore, if one believes, as I do, between issue and express advocacy, nance laws. The Court rejected a chal- the efficacy of Justice Holmes’ free holding that an expenditure must con- lenge to Missouri’s contribution re- speech model of a ‘‘marketplace of stitute express advocacy in order to be striction as too limited because it did competing ideas,’’ it is impermissible subject to FECA’s prohibition against not take into account inflation. The to drown out or even ban corporate the use of corporate treasury funds to Court held that Buckley demonstrated speech or the speech of the wealthy, as make an expenditure ‘‘in connection the dangers of corruption stemming some advocate. If the remedy for ‘‘bad’’ with’’ any Federal election. In this from contributions and that there was speech is not censorship, but ‘‘more’’ case, the Court held that a publication sufficient evidence in the record to speech, then the remedy for corporate urging voters to vote for ‘‘pro-life’’ support the conclusion that Missouri’s speech is likewise not censorship, but candidates, that the publication identi- campaign contribution limit addressed more noncorporate speech. fied, fell into the category of express the appearance of corruption. The case It should be obvious that in the elec- advocacy. But the Court refused to did not address the issues of inde- toral sphere the wealthy and powerful apply FECA’s prohibition in this case pendent expenditures, issue advocacy, have no monopoly over speech. This is to MCFL—Massachusetts Citizens for or soft money expenditures. not analogous to Turner Broadcasting Life, Inc.—because the organization As I noted at the outset, Buckley and System, Inc. v. FCC, where the Court was not a business organization. The its progeny stand for the following in part upheld the congressional re- Court noted that ‘‘[g]roups such as propositions: No. 1, money is speech; quirement that cable operators carry a MCFL . . . do not pose . . . danger of that is, electoral contributions and ex- certain percentage of local broad- corruption. MCFL was formed to dis- penditures are entitled to first amend- casting of local programs on their lines seminate political ideas, not to amass ment protection; No. 2, contributions because cables’ monopoly power capital.’’ are entitled to less protection than ex- choked the broadcast competitors. Un- Just 5 years ago, the Supreme Court, penditures because they create the ap- like the open access rule in that case, in Colorado Republican Federal Cam- pearance of corruption or quid pro limitations on contributions offer no paign Committee v. FEC addressed the quos; No. 3, express advocacy is enti- guarantee that the market power of issue of whether party ‘‘hard money’’ tled to less deference than issue advo- speech will be redistributed from the used to purchase an advertising cam- cacy; No. 4, corporate donations and wealthy to the poor. Such spending paign attacking the other party’s like- corporate express advocacy expendi- limits will not stop wealthy candidates ly candidate, but uncoordinated with tures may be restricted; No. 5, political like Ross Perot from spending personal its own party’s nominee’s campaign, party independent expenditures may wealth or the rich from influencing fell within FECA’s restrictions on not be restricted at least if not con- mass media through direct ownership party expenditures. A fractured Court nected to a campaign; and, No. 6, re- or through the purchase of advertise- agreed that applying FECA’s restric- strictions on soft money are probably ments. Surely, no one would advocate tion to the expenditures in question unconstitutional because soft money that we attach an income test to the violated the first amendment. does not create the same problem of first amendment. A plurality of the Court—Justices corruption from quid pro quos that The wealthy will always have sub- Breyer, O’Connor, and Souter—based contributions bring. stitutes for electoral speech. Moreover, their holding on the theory that the I am concerned that the practical re- the success of the labor unions and vol- expenditure at hand had to be treated sult of the limitation on contributions untary associations as competitors in as an independent expenditure entitled is that candidates must seek contribu- the market place of ideas demonstrate to first amendment protection, not as a tions from a larger set of donors. This that limitations on contributions from ‘‘coordinated’’ expenditure or express means that candidates are spending a the wealthy and on corporate speech advocacy, which may be restricted. It greater amount of time raising money are unnecessary. is significant to note that Justice than would otherwise be the case. This In my view, a far better, though, ad- Thomas, joined by Chief Justice is aggravated by the need for a lot of mittedly not perfect, solution—one Rehnquist and Justice Scalia, con- money in general to compete in Amer- that I believe is both workable and is curred in the judgment, but would ican elections, given our large elec- consistent with the dictates of the first abolish Buckley’s distinction between toral districts, statewide elections, and amendment—is a campaign system protected expenditures and unpro- weak political parties, which require that requires complete disclosure of tected contributions, believing that candidates to fund direct communica- funds contributed to candidates or used both implicated core expression central tions to the electorate. The rising costs to finance express advocacy by inde- to the first amendment. of elections are further aggravated by pendent associations, political parties, As a plurality of the Court noted, be- the rising importance of expensive corporations, unions, or individual in cause any soft money used to fund a televison advertising and the use of po- connection with an election. Federal campaign must comport with litical consultants, with their reliance A system of complete disclosure the contribution limits already in on polling and focus groups. Elections would bring the disinfectant of sun- place, soft money does not result in the have become a money chase. shine to the system. The Democrats actuality or the appearance of quid pro Ironically, this is the major com- will audit the Republicans and the Re- quo ‘‘corruption’’ warranting intru- plaint of the reformers. Their initial publicans will scrutinize the Demo- sions on core free speech protected by FECA reforms have caused the prob- crats. And outside public interest the first amendment. In any event, it is lems they are now complaining about. groups and the media will police both. my view that such soft money activi- First, PAC money, and now soft The winner will be the public. They ties such as voter registration drives, money, are the result of limitations on will be able to make their own assess- voter identification, and get-out-the- contributions. Let’s not kid ourselves. ments. As I have said before, one man’s vote drives, as well as communication Like pressurized gas, money will al- greedy special interest is another with voters that do not fall within ex- ways find a crevice of escape. In other man’s organization fighting for truth press advocacy, are protected by the words, money will always find a loop- and justice. first amendment’s freedom of associa- hole. All that the FECA and courts To the extent that our campaign fi- tion—the right to freely associate with have accomplished is to encourage the nance laws require updating, we need a party, union, or association—as well substitution of contributions to can- to find a constitutionally sound man- as by free speech. didates for contributions and expendi- ner of doing so. We need to proceed

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.085 pfrm03 PsN: S21PT1 S2634 CONGRESSIONAL RECORD — SENATE March 21, 2001 with care and caution when acting on ual’s financial involvement in a prac- My amendment is a commonsense so- legislation that would have the impact tice that was fundamentally at vari- lution to an important problem perti- of regulating freedom or of placing ance with their own beliefs. I dare say nent to the lives of many Americans. government at the center of deter- that there would not be many Members The solution—consent before spending. mining what is acceptable election from either side of the aisle who would I said that real consent is prior con- speech and what is not. And, we need to advocate the arbitrary usurpation of sent. Let me give you an example. The pass legislation that, above all, keeps fundamental freedoms like that of Electronic Signatures in Global and the power of American elections where speech. But this is exactly what hap- National Commerce Act of 1999—better it rightfully belongs—in the hands of pens to our union members and dues known as the Digital Signature Act— the voters themselves. paying non-members. legalized digital electronic contracts. Let me again commend my friends, Individuals who belong to or are rep- The act allows an individual to enter Senators MCCAIN and FEINGOLD, for resented by labor unions financially into a binding contract without ever their leadership on this issue. Without commit themselves to causes and can- having to leave the comfort of his their efforts and tenacity and pushing didates that may be completely against home through the use of a so-called this issue, we probably would not be their own. We force individuals to sub- digital signature. discussing this important matter. They vert their rights of political expression When the Digital Signature Act was deserve a lot of credit. Even though I to those of the unions. first introduced, many of my Demo- disagree and have done so very pub- My amendment is quite simple and cratic colleagues had serious reserva- licly, I still have a lot of respect for my straightforward. It has two parts: Part tions about it. They argued that the two colleagues. one requires a labor organization to ob- bill lacked basic, but extremely impor- It is important to publicly air these tain ‘‘separate, prior, written, vol- tant, consumer protection provisions. issues, especially given the unfortunate untary authorization’’ before assessing They argued that the bill must include perception of the problems in Wash- ‘‘any dues initiation fee, or other pay- effective consumer consent provisions. ington. ment if any part of such dues, fee, or Critics of the bill worried that an We can achieve needed reform here. other payment will be used for polit- unsuspecting consumer might receive Such reform lies in expanded disclo- ical activities’’. Part two requires that an unsolicited e-mail with the inclu- sures. With free and open disclosure of a labor organization disclose to its sion of an electronic signature there- contributions, the public will be fully membership how it has allocated and fore making the contract legally en- able to decide for itself what is legiti- spent the portion of a members or non- forceable. To prevent this sort of un- mate. I look forward to helping my col- members dues and fees that went to po- wanted solicitation of business, many leagues in achieving reforms that will litical activity. of my Democratic colleagues advocated be constitutional and effective. Nothing can be more fair than to in- that a consumer must first consent to Today, I rise to introduce an amend- form working men and women which receive the contract electronically. ment as a substitute to section 304 of causes they are supporting. It is just My amendment seeks to extend simi- the McCain/Feingold campaign finance that simple. lar rights to workers that the Digital reform bill of 2001. Let me also point out to my col- Signature Act granted consumers. We Thomas Jefferson, in 1779, wrote that leagues that this amendment also cov- should allow workers the same funda- ‘‘to compel a man to furnish contribu- ers individuals who are shareholders in mental rights that my Democratic col- tions of money for the propagation of a corporation. It requires that a cor- leagues demanded be granted to indi- opinions which he disbelieves and ab- poration gain prior consent from its viduals who enter in a contact over the hors, is sinful and tyrannical.’’ That shareholders before spending resources Internet. was true then, and it remains true from the corporation’s general treas- We must allow America’s working today. ury on political activity. It also re- men and women these very funda- As I will discuss later, section 304 of quires that a corporation disclose to its mental rights. American workers the McCain-Feingold bill that purports shareholders which political activity it should have the right to have meaning- to be a ‘‘Beck’’ fix is wholly inad- contributes to. This amendment places ful and informed consent over the ex- equate. Thus, I rise today to protect corporations and labor organizations penditure of their dues, fees, or pay- the rights of working men and women on equal ground and levels the playing ment made to their union. Without in this country to be able to decide for field. these rights we are in essence creating themselves which political causes they I feel that it is important to note different classes of society—those who wish to support. that there is a fundamental difference are free to determine which political Some will choose to make this a between the compulsory way that a groups they will support and those who complicated issue by arguing the intri- labor organization assesses its dues and are not. cacies of the Supreme Court Case, fees from members and nonmembers I hope that my colleagues will agree Communications Workers of America and the completely voluntary manner with me that the standards for mean- v. Beck, but it is really quite straight a shareholder opts into purchasing ingful and informed consent we ex- forward—it’s about fairness. In certain stock. But in past debates, my col- tended to consumers under the Digital states, as a condition of employment, leagues from the other side of the aisle Signature Act must also be provided to there are requirements to join or pay have cried foul and claimed that treat- workers and shareholders. We must dues to a labor organization. Let me ing labor and corporations differently allow workers to consent to the use of make clear at the outset that I am a wasn’t fair. Well we now have an their union dues on any expenditures strong supporter of collective bar- amendment that takes care of that other than collective bargaining, con- gaining when employees voluntarily particular concern. tract administration, or grievance. choose to be represented by a labor or- It is simply imperative and pretty This consent must be provided in a ganization. basic that union should obtain consent manner that verifies the workers or But I seriously doubt that even one to use the funds they receive prior to shareholder’s capacity to access clear of my colleagues would suggest that any use other than for collective bar- and conspicuous information of their the Government should force any gaining, contract administration, or rights, receive regular disclosures of American to speak in favor of causes in grievance adjustment. After all, if con- these expenditures, and maintain the which he or she does not believe. Yet, sent is to mean anything, then it must right to revoke their consent at any we as Members of the U.S. Senate, cur- be received before the money is spent. time. rently stand by and allow our friends After the fact is simply too late and Let me pause to ask a couple of ques- and constituents to be forced into means no consent was given for the tions. If your friend wants to borrow speech because of their compulsory fi- ‘‘activity.’’ Let me state it again be- your car, shouldn’t he ask beforehand? nancial relationship with a union. cause I think this fact is vital to cre- If he doesn’t, then it’s a crime. I would like to know which of my ating a fair and meaningful fix to this Wouldn’t it be odd to have a system in colleagues would support any provision problem—effective consent must be place that requires you to lend the car of law that would mandate an individ- given before the funds are used. and then file a form for its return? Why

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.087 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2635 should the unions be allowed to take dues-paying-non-members would only bill. What I say about that argument is from the people who pay dues without be permitted to object to use of the that thirty years from now, the Amer- getting their consent first? By adopt- portion of their dues spent only for ican people will not judge what we do ing this amendment, we can help all ‘‘political purposes unrelated to collec- in these 2 weeks based upon some tran- Americans. It is fairer and more equi- tive bargaining.’’ This difference might sitory, strategic advantage that one table to obtain consent before the dues sound subtle but is anything but. party or another may gain as a result are spent. That is the right way of Mr. President, my amendment is a of the McCain-Feingold bill. Instead, doing things. modest measure of fundamental fair- they are going to judge us based on Unions have the right, like any other ness. It embodies a very simple con- what we did for our Government, for organization, to spend the dues and cept—fairness. American’s men and our democracy, and what we did to fees it collects for purposes such as women work hard every day. They allow voters, ordinary Americans, to campaigns, issue ads, and a host of ad- have earned the right to know how once again believe they have some ditional political and other activities. I their money is being spent for certain ownership in this democracy. That ul- support their right. What is dis- political purposes, causes, and activi- timately is what it is all about. concerting about the current situation ties. The disclosure and second part of I say to colleagues, both Democrats is that many employees who are effec- this amendment does nothing more and Republicans, that whatever in the tively forced to pay dues and fees may than require a report by labor organi- long term is good for our democracy is disagree with the positions taken and zations to be filed with the Federal good for either the Democratic or the not wish to support them. Election Commission and given to Republican Party. I think that is the Now some have suggested that sec- workers represented by unions, show- test we should use in making judg- ments about what ought to be done. tion 304 takes care of the so called ing how much of their union dues and During the course of my time in the Beck problems and codifies Beck. fees are being spent on the political Unfortunately, the proposed section Senate, I have held many townhall process. meetings around North Carolina, and 304 of the McCain-Feingold bill does I have to say that this amendment over and over I hear the same refrain— not require prior consent. Nor does it does not impose overly burdensome or folks believe that they no longer have codify the Beck decision, as it purports onerous requirements on the unions. to do. Section 304 is far narrower than a voice in their own democracy and, as This is basic information, and it should a result, they don’t feel any ownership the holding in Beck. The Supreme be freely provided. I cannot believe in this Government. So Washington is Court clearly held in Beck that any ex- that the union leadership have a legiti- some faraway place, and they don’t penditures outside of collective bar- mate interest in keeping secret what think they do anything to help them. gaining, contract administration, or political causes and activities em- They think it is just some bureaucratic grievance adjustment must be returned ployee dues and fees are being spent to institution that has nothing to do with to the non-union employee upon re- support. If employees learn how their their day-to-day lives. More important, quest of the objecting employee. How- money is being spent in the political they feel impotent to do anything ever, section 304 only prohibits unions process, unions will enjoy an even about it. from using non-union employee dues greater confidence level in their deci- The folks I grew up with in for ‘‘political activities unrelated to sion making. smalltown North Carolina, oddly collective bargaining’’—an ambiguous With the addition of this amendment enough, think if somebody writes a phrase that is not defined in that sec- to the McCain-Feingold bill we will en- $300,000 or $500,000 check to a political tion. sure that every American is treated party, or for a particular election, Because section 304 is so narrowly equally under the law and extended the when they go to the polls and vote, drafted, it would allow unions to use rights and freedoms that are funda- their voices will not be equally heard. non-union dues for soft money non-col- mental under the Constitution. I urge I think that is just good common lective bargaining expenditures, such my colleagues to thoughtfully consider sense, and there is a reason people as get-out-the-vote campaigns and this amendment and vote for its pas- think that way. This is an issue we other political activities, by simply sage. need to do something about. A lot of it avoiding the label ‘‘political.’’ By I reserve the remainder of any time I is perception but perception matters. It masquerading the activity as one for may have remaining. really matters when people believe this ‘‘educational purposes,’’ a union could The PRESIDING OFFICER (Mr. isn’t their Government. It is their de- use dues for blatantly political activi- CRAPO). Who yields time? mocracy; it belongs to them, not to ties such as informing union members Mr. DODD. I yield 10 minutes to the some special interest group, and not to on what pro-union stand political can- distinguished Senator from North the people who are up here rep- didates take. Carolina, Mr. EDWARDS. resenting them. In fact, it belongs to Again, I recognize the unions’ right The PRESIDING OFFICER. The Sen- the American people. to engage in any political activity that ator from North Carolina is recognized. A couple of examples, Mr. President: they find appropriate. The more polit- Mr. EDWARDS. Mr. President, I rise We are in the process right now of try- ical speech the better as far as I’m con- today to voice my strong support for ing to pass an HMO reform bill. Sen- cerned. But, we need to protect the the McCain-Feingold bill, to add my ator MCCAIN, Senator KENNEDY, and I, fundamental right of the workers to encouragement and praise for all the and Congressmen NORWOOD, DINGELL, know that activities and what type of hard work done by Senators MCCAIN and GANSKE on the House side have in- issues their money is being used for, and FEINGOLD, and to say how impor- troduced the same bill. Our legislation, and the ability for them to decide if tant this issue is to our democracy, to which provides basic patient protection they wish to support the activity. our Government, and to the American rights to every single American who is Mr. President, the American worker people. covered by insurance or HMOs, is sup- faces a hidden tax at just the moment I would not presume to suggest to my ported by every health insurance group the worker cannot afford it. And the colleagues who serve with me in the that has been fighting for patient pro- American worker has less say in where Senate that I have any more knowl- tection for the last 5 years. The only his money goes to than just about any edge about the way the political fi- people we have been able to identify on group. In fact, an argument can be nancing system in this country works the other side are the big HMOs and in- made that section 304 of the McCain- than they do. They are all experts at surance companies. Feingold bill actually does the exact it. What I say is that this debate is not Unfortunately, the big HMOs and in- opposite of what its intentions are. about us. Instead, it is about the people surance companies are very well rep- Under current law, dues paying non we were sent here to represent. resented in Washington, and their members may object to the use of por- I have heard, both in the media and voice is heard loudly and clearly. It is tion of their dues that is spent for pur- in the course of the debate, lots of dis- really important for the voice of the poses other than or non-essential to cussion about some strategic advan- American people to be heard on issues collective bargaining. If the McCain- tage that may flow to one party, or one such as basic patient rights. Then I Feingold bill were to pass, those same Senator or another, as a result of this read in the newspaper today that at

VerDate 21-MAR-2001 02:55 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.012 pfrm03 PsN: S21PT1 S2636 CONGRESSIONAL RECORD — SENATE March 21, 2001 least it appears there is going to be did the right thing; we did what was has no regulatory mechanism, and it some pulling back of the regulation of best for the country, and we did what has no methodology for who would en- arsenic in drinking water. These are was best for the democracy. force it and how. the kinds of things that, when folks We will talk about this issue later, It says in his amendment that ‘‘ex- around the country see them, cause but it is also clear that Snowe-Jeffords, pressly advocate support for opposition them concern, and they particularly under the constitutional test estab- to a candidate.’’ What does that mean? cause concern—even though they may lished in Buckley v. Valeo, is constitu- It talks about as far as corporations not see a direct relationship—they par- tional. There are only two require- are concerned, ‘‘use funds from its gen- ticularly cause them to be worried ments that have to be met: One, that eral treasury for the purpose of polit- when they know the way political cam- there be compelling State interest ical activity.’’ What is the general paigns are financed in this country, under Buckley. The Court has already treasury? The stock market value? The and they know that lots of huge, un- held that what we are doing in these cash on hand? The money that is being regulated soft money contributions are sham issue ads and with soft money is disbursed? being made to political campaigns in a compelling State interest because of This, unfortunately, is an amend- every election cycle. the need to avoid corruption or, more ment which clearly cannot adequately So the question is, What do we do to importantly, in this case, the appear- define what a stockholder’s involve- return power in this democracy to ance of corruption. ment is. Again, suppose a stockholder where it started and made our country Second, the legislation has to be nar- said his or her stock money could not so great and where it belongs today? rowly tailored. That has been inter- be used and then, of course, the stock We are trying to do two basic things preted by the U.S. Supreme Court to is split or the stock is sold or there is in this bill. One is to ban soft money— mean it is not too broad, not substan- a reduction in the amount of the budg- we talked about it at length—these un- tially overbroad. Snowe-Jeffords does et. Who gets what money? Who regu- regulated, totally uncontrolled con- exactly that. It is very narrowly tai- lates it? tributions made by special interests, lored. Two months before the general Very frankly, I am in sympathy with corporations, many different groups, election, it requires the likeness of the the Senator from Utah because we and individuals. candidate or the name of the candidate tried to address this issue. It is just The simple answer is, it ought to be to be used and only applies to broad- well nigh impossible and certainly is banned, and it ought to be banned cast ads. not addressed in any kind of parity or today. We will talk at length later The empirical evidence shows very specificity in this amendment. about constitutional issues, but it is clearly that something around 1 per- Mr. President, I will be moving to black and white to anyone who has cent of the ads are not covered by that, table this amendment at the appro- read Buckley v. Valeo and specifically actually issue ads that fall within that priate time. I would like to work with applies the analysis of that case to a category. Ninety-nine percent of the the Senator from Utah to see how we soft money ban. There is absolutely no ads in the last election cycle, in fact, can obtain some kind of parity, al- question that a ban on soft money is were campaign ads. though I point out, as I said before, the What that empirical evidence sup- constitutional under Buckley v. Valeo. paycheck protection in this permission ports is the notion that not only does We will talk about that at length at a or nonpermission really is not what it appear that Snowe-Jeffords is nar- later time. this campaign finance reform is all rowly tailored, in fact, the over- The second issue is these bogus sham about because if you ban the soft whelming evidence is that it is nar- issue ads. In addition to the fact folks money; you ban the corporate check; rowly tailored, which is exactly what see all this money flowing into the sys- you ban the union check; you ban the the Buckley U.S. Supreme Court deci- tem, they feel cynical, they feel they union leader from giving a million-dol- sion required. We will talk about this do not own their Government anymore, lar check; you ban the corporate leader later as we discuss these various provi- and that they have no voice in democ- from giving the check. When you ban sions. racy. soft money, then all they can do is give The bottom line is, both the soft In addition to that, they turn on a $1,000 check for themselves or $1,000 money ban and Snowe-Jeffords are con- their televisions in the last 2 months from their friends. stitutional and meet the constitutional before an election and see mostly hate- Later on, I am sure there will be ful, negative, personal attack ads pos- requirements of Buckley v. Valeo. In conclusion, I thank the Senators some specific questions about the lan- ing as issue ads. Any normal American who have worked so hard on this issue guage in this bill. It is nonspecific, it is with any common sense knows these for so long. I say to my colleagues, I unenforceable, and it is in such an are pure campaign ads. Those are the hope that instead of focusing on some amorphous state, very frankly, it is ads we are trying to stop. strategic advantage that a particular meaningless. I believe my time has ex- Senator SNOWE actually said it very campaign may have, or a particular po- pired. well when she said these ads are a mas- The PRESIDING OFFICER. Who querade. In fact, they are more than a litical party may have, that instead we will focus on what is best for democ- yields time? masquerade, they are a sham, they are Mr. DODD. I thank my colleague. I racy and what is best for the American a fraud on the American people, and intend to speak about this amendment they are nothing but a means to avoid people. I thank the Chair. at some future point in the debate. In the legitimate election laws of this Mr. DODD. Mr. President, how much the meantime, I recognize my friend country. time remains on the opponents’ side? and colleague from Massachusetts. We are trying to put an end to these The PRESIDING OFFICER. The op- How much time does he need? Fifteen so-called issue ads that are nothing but ponents have 80 minutes. minutes? campaign ads. It is another issue that Mr. DODD. I yield 3 minutes to my Mr. KENNEDY. If I can start with 15 needs to be addressed. All this—these good friend from Arizona, the author of minutes. issue ads that are nothing but sham the underlying bill. Mr. DODD. I yield 15 minutes to the ads, really campaign ads, unregulated The PRESIDING OFFICER. The Sen- distinguished Senator from Massachu- flow of soft money into campaigns—all ator from Arizona. setts. this is about a very simple thing. It is Mr. MCCAIN. Mr. President, I thank The PRESIDING OFFICER. The Sen- not about us. It is not about the people Senator HATCH for a valiant attempt at ator from Massachusetts. in Washington. It is not about the peo- trying to balance this problem about Mr. KENNEDY. Mr. President, I want ple in this Congress. It is about the so-called paycheck protection and cor- to ask my friend and colleague from people we were sent to represent. We porations. Unfortunately, he is not Utah some questions, if he will be good need to be able to say 20, 30 years from having any more success than we did enough to answer some questions. now when we are not around anymore— when we attempted to try to strike Since 99.7 percent of American for- at least some of us will not be around that balance as well. profit corporations are privately held, anymore—we need to be able to say to The bill, very briefly, strikes our how does this amendment apply to our children and our families that we codification of the Beck provision. It them?

VerDate 21-MAR-2001 02:55 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.089 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2637 Mr. HATCH. It applies to every cor- right to have some say in the way guage. That is what we are voting on. poration. unions spend, in the case of unions, and In the language of the amendment, it is Mr. KENNEDY. It cannot because corporations, in the way corporations very clear on page 2 that in the case of you refer to those that have stock- spend on behalf of shareholders. a corporation, to each of its share- holders, page 2. Since 99 percent of the Mr. KENNEDY. It is the position of holders, it is less than 2 percent of all corporations do not have them, then Senators MCCAIN and FEINGOLD that is businesses that have shareholders. they are not covered. done under the codification of the Beck For the shareholders, we see how the Mr. HATCH. I do not know a corpora- decision in the first place. velocity of the transitions of share- tion that does not have stockholders, You talk about the parity between holders—we find there is a different whether they be private or public. corporations and unions. Yet on page 3 criteria that is used for unions, dif- Mr. KENNEDY. I am telling you they you say ‘‘for any corporation described ferent from corporations. do not, so effectively your amendment in this section to use funds from its On the first page, it talks about any does not apply to the 99.7 percent under general treasury.’’ So you are talking corporation or labor organization. Tak- your definition. about the use of funds by corporations. ing the case of a labor organization, it We always get these amendments But on the other hand, if it is a labor must submit a written report for such maybe a half an hour beforehand. organization, you are talking about cycle—that is 2 years; in the case of a In our review, the Senator’s amend- collecting or assessing such employees’ labor organization, to each employee. ment excludes 99.7 percent of all cor- dues or initiation fees or other pay- Now, that is to each employee. There porations. ments. On the one hand, you require are 13 million members of the trade Another question I have—— one criteria for corporations for ex- union movement. Those who are mem- Mr. HATCH. Can I answer the Sen- penditures, and on the other hand, for bers, of course, bargain. Several mil- ator, since he asked the question? the unions, you have an entirely dif- lion more are covered, generally, by Mr. KENNEDY. These are of the busi- ferent definition. political activity. nesses—— Can you explain why you favor cor- Listen to what they have to have for Mr. HATCH. Will the Senator yield porations in your language to the dis- every individual. They will have to re- so I can answer his question? advantage of unions? Why do we have ceive a report from the organization. Mr. KENNEDY. OK. such a disparity in this when you tried On page 4, what will be included: ‘‘In- Mr. HATCH. My amendment covers to represent to the Senate that you are ternal and external communications every corporation. There are a lot of trying to be evenhanded? relating to’’—it will be interesting to private corporations, but they are still Mr. HATCH. What are we talking hear the definition of what is related— corporations. about? ‘‘specific candidates, political Let’s face it. The major thrust of my Mr. KENNEDY. Would you look at causes,’’—this is a new word. amendment is towards public corpora- this language and tell me if I am What in the world is a ‘‘political tions which has been complained of wrong? I think it is very important. cause’’? Generally, a political cause is from time to time by Senators on both You are representing this is even- in the eye of the beholder. What do sides of the aisle. I am trying to cover handed. This is not evenhanded. We they mean by political cause? both unions and corporations so we want to understand why it isn’t even- They have to send to every em- have an equal protection program. handed or the Senator should admit it ployee—that is what this says—the in- Mr. KENNEDY. The Senator may be isn’t, if you are trying effectively to ternal and external communications attempting, but that is not what the gut the representatives of working relating to specific candidates. language says. families. Who are specific candidates? What do On page 2, it says under ‘‘PROHIBI- Mr. HATCH. I don’t think the distin- we think are the specific candidates? TION.—Except with the separate, prior, guished Senator from Massachusetts is According to the Federal Election written, voluntary authorization of a wrong in what he is saying. I don’t Commission, every Member of Congress stockholder, in case of a corpora- think you are wrong in your interpre- is defined as a candidate, 435 House tion’’—and once we have 99 percent of tation of the language, but the bill Members, 100 Senators. the businesses, according to Dun & treats the union members and their Any communication that is internal Bradstreet, not covered by the stock- dues in the separate context of share- or external relating to—whatever that holders, they are even, by mere defini- holders and their value in a corpora- means—political candidates, political tion, excluded. tion. causes and committees of political par- Last week more than 6.7 billion The regulations will have to be set by ties. shares were traded in the New York the Federal Election Commission pur- If you don’t, you have the criminal Stock Exchange. How were those cov- suant to this amendment. It is equal in penalties included under the Federal ered? Would the Senator’s amendment treatment because what we are trying Elections Commission where people apply to just the stockholders included to do is give the shareholders in the can go to jail for failing to file these last week? case of corporations a right to have reports which are so voluminous. Mr. HATCH. My amendment would some say in how the assets of a cor- This amendment is poorly drafted. It cover the stockholders who existed on poration are used, in proportion to doesn’t even do what the proponents of the day the request for the expendi- their shares in a corporation. Natu- this amendment are attempting to do. tures was made. rally, these situations are not analo- It is one sided. It is targeted. The aim Mr. KENNEDY. In your amendment, gous, and for the union member, how of this proposal is very clear. It doesn’t you talk about cycle; you don’t talk the dues of the union member are spent apply to any of the other independent about day. A cycle is generally re- by the unions. groups. It doesn’t apply to the National ferred, under the Federal Election The Senator’s characterization of the Rifle Association. They don’t have to Commission, to be the whole 2-year-pe- McCain-Feingold language is inac- conform with it. The Sierra Club riod. We are talking about these transi- curate, and I think I more than indi- doesn’t have to; Right to Life doesn’t tions in terms of stockholders just cated that in my opening remarks with have to. It is just to corporations. But from 1 day. I am wondering how the regard to the Beck case. Actually, the only less than 2 percent of the corpora- permission for stockholders would be McCain-Feingold language narrows the tions have to apply, and every union. met in those circumstances. Beck case. In terms of every activity or poten- Mr. HATCH. We are talking about Mr. KENNEDY. If I could reclaim my tial activity and every expenditure for violations of the Federal Election Cam- time. every member, not only at the national paign Act. The FEC would have the job The PRESIDING OFFICER. The Sen- level, the State level and local level of determining the regulations applica- ator from Massachusetts has the floor. have to get the reports. Every member ble under the circumstances. The Mr. KENNEDY. Mr. President, what has to get the report. It is absolutely amendment is quite clear what we are we are seeing very clearly is not what nonworkable. trying to get after; that is, trying to is being stated by the Senator from Finally, what are these activities? On give stockholders and union members a Utah but what is included in the lan- page 5, the term ‘‘political activity’’

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.097 pfrm03 PsN: S21PT1 S2638 CONGRESSIONAL RECORD — SENATE March 21, 2001 means voter registration activity. powering. It is not the voices of the will make it easier for Republicans and Many of us have tried to encourage workers or the families that are trip- their big-business friends to achieve voter registration. In fact, labor unions ping up this country, it is the special their anti-worker goals. Supporters of are involved in that. Not many compa- interests, the large, powerful groups this amendment want to cut workers’ nies or corporations are. I wish they that are expending untold millions. By overtime pay and deny millions of would be. Some of them have been, but a ratio of virtually 10 to 1 and 12 to 1, workers an increase in the minimum they won’t be any longer if this passes. corporations are involved in out- wage. They would end the 40-hour work They won’t be contributing to any spending the unions of this country. week and permit sham, company-domi- local group, to the League of Women Nonetheless, we are faced at this time nated unions. They voted for this Voters or other groups involved in with an attempt to try to emasculate body’s shameful repeal of the Depart- voter registration activity because if that opportunity for their voices to be ment of Labor’s ergonomics rule, leav- they do, they trigger all of these other heard. They are the voices for edu- ing workers unprotected against the kinds of participation. cation. They are the voices for health number one threat to health and safety The proponents of this understand care. They are the voices for child care. in the workplace. They oppose the who does the voter registration. Who Those are the voices that I think we Family and Medical Leave Act. They does it? It is labor unions. And they are need to hear a lot more of, not less. support privatizing Social Security. included. Voter identification or get- To reiterate, I rise in opposition to They favor private school vouchers out-the-vote activity, who does that? this amendment, misleadingly called that take funds away from our efforts Maybe the Senator from Utah can list the Paycheck Protection Act. It is to improve the public schools. They are the number of corporations that are in- nothing of the sort. Instead, it is a bla- not trying to help working Americans. volved. We know who does it. We might tant attempt to silence the voices of To the contrary, they want to gag as well state it is directed against working families on the most impor- workers so that they can implement an union activity. They are the ones. I tant issues our Nation faces today. It is aggressive agenda that workers strong- don’t mean companies or corporations. an effort to muzzle effective debate on ly oppose. This is not paycheck protection. This Even the ones that have shareholders— critical legislation affecting the work- is paycheck deception. And if we adopt ers of this country. It is not reform. It again, it is targeted to who?—corpora- it, we will achieve our opponents’ goals is revenge for the extraordinarily suc- tions? No, it is targeted to the labor of disenfranchising working families. cessful efforts made by the unions to union and then public communication This amendment would silence working get out the vote in the last election. that refers to a clearly identified can- families by barring a union from col- didate for Federal office and that ex- The amendment is wrong and unfair. It lecting any dues or fees that are not re- pressly advocates support for or opposi- is undemocratic. It is most likely un- lated to collective bargaining unless tion to a candidate. constitutional. I urge my colleagues to the union obtained a written permis- Maybe there are some corporations, vote against it. sion slip from each employee each but primarily those are for unions, Make no mistake about it. A vote for year. It would require unions to create again. this amendment is a vote against an unnecessary, burdensome and ex- This is very clear, what is being stat- America’s workers. pensive bureaucratic process. Unions Supporters of this amendment claim ed here. Under the existing Feingold- would have to create recordkeeping that they are concerned about union McCain bill, there is restatement of and filing systems for responses, solicit members’ rights to choose whether and what the constitutional holdings are at approval from each covered employee how to participate in the political this time. It is effectively a restate- every year, and constantly recalculate ment. There are some who would like process. We know better. It is crystal the amounts they could spend on polit- to change or alter those. But this is a clear that the real agenda of those who ical activity—activity that frequently very poor attempt at trying to gain support the pending amendment is not requires immediate action. The AFL- parity. We could take additional time to protect dissenting workers but to CIO has estimated that implementing a to go through the various provisions. I scuttle union participation in the po- paycheck deception provision would hope the Members will take that time. litical process. cost unions and their members approxi- We just received this at the time the My friends across the aisle know that mately $90 million in the first year and Senator rose to speak. It is poorly unions and their members are among $27 million each year thereafter. That drafted, poorly constructed, and it does the most effective voices on issues of is money taken away from workers’ not do the job the proponents want it concern to workers, including raising hard-earned benefits and their pension to do. the minimum wage; ensuring the avail- plans. Finally, I do think workers and those ability of health insurance; protecting This will, of course, hamper unions’ who represent workers and unions the balance between work and families; ability to participate fully in political should have a right to have their voices preserving Social Security, Medicare and legislative battles. That is the pri- heard, to speak out on these issues. and Medicaid; improving education; mary purpose of this bill. Handicapping The fact remains, we still have not had and ensuring safety and health on the unions in this way will also further an opportunity to vote on a minimum job. And unions help their members to skew the drastic existing imbalances in wage. I know there are many in this become active in the political process. our political system. A report issued Chamber who hope we never will have As a result of union activity, over two last fall by the non-partisan Center for that opportunity; but we will, and we million union members registered to Responsive Politics showed that spe- will have it done pretty soon. vote in just the last 4 years. In the last cial business interests spent more than Then there is the Patients’ Bill of election, there were 4.8 million more $1.2 billion in political contributions in Rights that workers support, and we union household voters than in 1992. In the last election cycle. These payments are having difficulty, given the fact fact, 26 percent of the voters in the last swamped the contributions of working that today the President of the United election came from union households. families through their unions, which States issued a message that if any of This should surely be a welcome devel- amounted to a total of only $90.3 mil- the proposals currently before the Con- opment in a country that prides itself lion. That means big business outspent gress pass, he would veto each one of on fostering and promoting a healthy labor unions by a ratio of 14 to 1. them. democracy. The same report found that business We have seen what has happened in But my friends across the aisle do outspent unions in ‘‘soft money’’ con- recent times with arsenic standards not welcome this development. They tributions by an even larger margin—17 being pulled back at the request of in- want to do everything they can to keep to 1. The situation has gotten worse dustry. We find out that the CO2 stand- workers from voting and from partici- over time, moreover. In the 1998 elec- ards are being pulled back at the re- pating in the political process. That is tion cycle, according to a previous re- quest of industry. We have other exam- because they fear that workers and port by the center, businesses outspent ples that are current on this score. We those who represent workers’ interests unions on politics by only 11 to 1. In are finding out the influence of the will defeat their anti-labor agenda. Si- 1996, the gap was 10 to 1. In 1992, it was HMOs on the administration is over- lencing the voices of working families 9 to 1.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.099 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2639 These ever-widening disparities are cedure to ensure that dues-paying Forty years ago, in a case called Ma- not good news for our democracy. But workers can opt out of a union’s polit- chinists v. Street, the Supreme Court this paycheck deception amendment ical expenditures. These procedures recognized that the majority of union would only tip the electoral and legis- universally involve notice to workers voters have ‘‘an interest in stating lative playing field ever more deci- of the opt-out rights provided under [their] views without being silenced by sively in favor of big corporations and Beck; establishment of a means for the dissenters,’’ and that it was nec- the wealthy. workers to notify the union of their de- essary to establish a rule that In only the last 2 weeks, the power of cision to exercise these rights; an ac- ‘‘protect[s] both interests to the max- these special interests has become ever counting by the union of its spending imum extent possible, without undue more apparent. Just 2 weeks ago, the so that it can calculate the appropriate impingement of one on the other.’’ Congress voted—with less than 10 hours fee reduction; and the right of access to Beck was the Supreme Court’s formu- of debate in the Senate and a mere an impartial decisionmaker if the lation of this rule, and it represents a hour of discussion in the House—to re- worker who opts out disagrees with the sound and reasonable way to achieve voke worker protections against ergo- union’s accounting or calculations. this goal. And McCain-Feingold re- nomic injuries on which the Depart- Moreover, the President has recently spects this rule laid out so well by the ment of Labor had worked for 10 years. issued an Executive Order that goes to Court. No employer is now required to do any- great lengths to ensure that all work- The proposed amendment would thing to prevent these painful and de- ers know their rights under Beck. This upset this careful balance between ma- bilitating worker injuries. Executive Order, issued on February 17, jority and dissenting interests. Where Following up on their ergonomics requires every Government contractor the Court has stated that ‘‘dissent is victory, business and special interests to post a clear notice that alerts em- not to be presumed—it must be affirm- scored another coup when this body ployees of their right to withhold their atively made known to the union by passed the bankruptcy bill last week. payments to unions for any purposes the dissenting employee,’’ the bill cre- This is a bill that caters to the credit other than costs related to collective ates precisely the opposite regime: dis- card industry, at the expense of work- bargaining. Individuals may file com- sent will be presumed absent explicit ing Americans who will now face more plaints with the Secretary of Labor if consent. Under this ill-advised amend- business-created hurdles to getting they believe that a contractor has ment—and unlike in every other demo- back on their feet financially after set- failed to meet this requirement. And cratic institution in our country, in- backs. the Secretary may investigate any con- cluding the Congress itself—a minority This amendment is also a ‘‘poison tractor suspected of a violation, and would be able to thwart the will of the pill’’ for campaign finance reform. It is may order a range of sanctions for non- majority by fiat. Not by debate. Not by being championed by those who believe compliance, including debarment of discussion. Not by a reasoned exchange that the inequities in the system are the contractor. I opposed this Execu- of competing ideas. Just by silence. just fine—who would like to have no tive Order because it does not inform I believe this paycheck deception changes to address the corrupting in- workers of any of their other rights amendment is also unconstitutional. fluence that money has on our national under our Nation’s labor laws. But in The amendment would interfere with elections. They know that no supporter this context, it removes any doubt union members’ freedom to associate of campaign finance reform—including whatsoever that workers will be in- in their unions according to member- my good friend Senator MCCAIN—can formed of their Beck rights and pro- ship rules of their own choice. Under vote for a bill that contains these out- vided remedies if they are not. current law, unions may make pay- rageous provisions. They propose this Remedies for violation of Beck rights ment of normal dues the precondition amendment with the full knowledge are also available under the National for membership and participation in that it could bring down these reforms Labor Relations Act. Under that act, the union. Unions may—and do—pro- and further the power of corporate and non-union members who believe that vide that only those individuals who wealthy special interests. We should they are being required to support a have paid their full dues may vote on not allow ourselves to be made parties union’s political activities, or who be- issues before the union or run for union to this ploy. lieve that the union’s procedures do For these reasons, paycheck decep- elective office. It is entirely appro- not afford an adequate opportunity for priate for those workers who do not tion bills have been rejected every time the individual to object, may file a they have been raised. In 1998, a large, wish to support the union’s political complaint with the National Labor Re- activities to resign from membership. bipartisan majority of the House of lations Board or go directly to Federal Representatives voted down a national They cannot be required to fund polit- court. In such cases, the board or the ical activities, and their dues will be paycheck deception scheme by a vote courts decide whether the particular of 246 to 166. Twice now—in 1997 and reduced accordingly. These workers union has developed procedures that will receive the full benefits of union 1998—bipartisan majorities in the Sen- are adequate to meet Beck require- ate have blocked paycheck deception representation on issues related to the ments. union’s bargaining obligations. But bills. Thirty-five States have refused to To erase any further doubts, the they will not be members of the union enact paycheck deception bills since McCain-Feingold bill explicitly codifies who can participate in making funda- that time. And California voters in 1998 the Beck requirements as a matter of mental decisions about union busi- and Oregon voters just last year sound- law. Section 304 of McCain-Feingold re- ness—including the election of officers, ly defeated ballot initiatives that quires all unions to establish objection the use of organizational resources, or would have imposed paycheck decep- procedures for real paycheck protec- the union’s political positions. tion. tion. The cynicism behind this amendment The bill requires unions to provide But this amendment states that is made more obvious because the personal, annual notice to all affected those who do not pay full dues still amendment is completely unnecessary. employees informing them of their have a full voice in the affairs of the For almost 13 years, the law has of- rights. union. They would have the same fered ample protections for any work- It requires that union procedures lay rights and benefits as those who pay ers who disagree with a union’s polit- out the steps for employees to make full dues. That is not only unconstitu- ical activities. Under the landmark objections to paying dues that would tional, it is just plain wrong. Beck decision, no worker, anywhere in go toward political activity. Some of my colleagues claim that the country, may be forced to support It requires unions to reduce the fees the egregious unfairness in this amend- union political activities. In addition, paid by any employee who has made an ment can be cured if corporations are in 21 States, workers cannot be re- objection so that the employee will not bound by ‘‘shareholder protection’’ re- quired to support any union activi- be charged for any activities unrelated quirements. But comparing unions and ties—even collective bargaining. to collective bargaining. corporations and workers and share- Since the Beck decision, every union, It requires unions to provide expla- holders is like comparing apples and as the law requires, has created a pro- nations of their calculations. oranges. They simply are not the same.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.101 pfrm03 PsN: S21PT1 S2640 CONGRESSIONAL RECORD — SENATE March 21, 2001 First, no corporation requires pay- champion everything that one cause I have to say it is not just the liberal ments for political purposes as a condi- wants over everybody else. I should not side of the union movement. My good- tion of employment. Shareholders are say everybody else, but over anybody ness, it is almost every liberal special not employees. It is laughable to think who is not one of the most liberal spe- interest group in this country. We all that bills that regulate payments that cial interest groups in our country. know when the distinguished Senator are ‘‘conditions of employment’’ create I do not need a lecture from the dis- from Massachusetts speaks, he speaks parity between unions and corpora- tinguished Senator from Massachusetts for every liberal special interest group tions. on how to write legislation. Nor do I in this country, and you had better pay Second, 99.7 percent of American for- need a lecture from the distinguished attention if you are on the Democratic profit corporations are privately held Senator from Massachusetts on what side of the aisle, because if you don’t, and have no shareholders to protect. the Beck decision means. you are going to have a primary in the Third, shares in public corporations The Senator and many on the other next election. are typically held by institutions such side of the aisle will spend every ounce I respect that kind of power. And I as mutual or pension funds not by indi- of their beings to make sure that union love my colleague as very few in this viduals. Any bill that purported to cre- members have no say with regard to body do. ate parity between unions and corpora- how their moneys are spent in political (Laughter.) tions would have to reach individuals, activities. Mr. MCCAIN. I don’t. and would have to apply to the polit- By the way, with all due respect to Mr. HATCH. Senator MCCAIN said he ical and legislative spending of inter- my friend from Massachusetts—and ev- doesn’t. He is naturally being humor- mediate entities, not simply to expend- erybody knows he is my friend; that is ous, as he always is. itures by the companies at the end of why I think my words may have a lit- Let me just say this. I acknowledge the ownership chain. None of my col- tle more impact than some others’ that it is difficult to devise a manner leagues is rushing to do that. —the idea to include corporations and in which this should be done, but I Finally, were corporations to be re- treat them in a manner comparable to think we should work together and do quired to meet the standards that labor organizations, as I recall, came what the distinguished Senator from would be imposed on unions, they from the distinguished Senator from Massachusetts said in the early 1990s would have to account for political and Massachusetts himself. That was in the ought to be done. We ought to get legislative spending and budgets; dis- early 1990s when I offered amendments those big special interests in the cor- close such spending and budgets to requiring disclosure of the money spent porate world to have to conform to cer- shareholders; constantly track new by labor organizations, money of hard- tain disclosures. shareholders and recalculate ownership working American men and women. This is an important matter for hard- As I recall, one of the principal argu- shares based on daily activities in the working Americans. If my colleague ments of my friend from Massachusetts stock market; constantly solicit con- thinks stockholders should be treated was that corporations were not treated sent from this ever-changing group; similarly, that is what I am trying to similarly—those big, massive, powerful and pay extra dividends or other finan- do in good faith. I think I am doing it corporations compared to these little, cial benefits to shareholders who did pretty well. tiny, ‘‘difficult to maintain freedom for Just so we get rid of this argument not authorize political expenditures. the union members’’ unions. The pending amendment does not do We all know what is going on here. that every detail has to be written into this. No bill purporting to create par- There are people on that side who will legislation—heck, everybody around ity has ever done this. No bill would fight to the death because, although 40 here knows that isn’t the case ever. I ever do so. Such a bill would likely percent of all union members are Re- myself think sometimes we ought to be bring commerce to its knees, as cor- publicans, virtually 100 percent of all a little more specific and not just let porations spent their time creating im- union political money is used to elect the bureaucracy run wild, but that is mense administrative bureaucracies to Democrats. I can recall many years not the way things work in this Fed- implement these requirements. when some of the most liberal Repub- eral Government. Just think about it. I think the argument of the distin- We would never hamstring corpora- licans who always supported labor, and guished Senator from Massachusetts is tions in this way and we should not do when a Democrat who supported labor very insufficient in the details with re- it to labor unions, either. We should ran against them, that Democrat got gard to what legislation is all about. not impose these unreasonable, unfair, labor support. If I have to cite any- Let me give an illustration. The Fed- and likely unconstitutional burdens on body, I will cite Jacob Javits of New eral Communications Act simply tells our country’s unions, which represent York. the most effective voice for our work- I know what is going on here. They regulators to regulate the airwaves in ing families. will fight to the death to make sure the public trust. Since its founding, our nation has re- that those 40 percent of Republicans I am sure the distinguished Senator spected and nurtured the fundamental who work in the unions, who believe in from Massachusetts would love to have principle that democracy thrives best Republican principles, will never have three or four thousand pages defining when there is robust debate over issues any say on how the totality of the what that means—or maybe 150,000 of public concern. This amendment money is spent in the political arena. pages defining what that means. But it would subvert that bedrock propo- Oddly enough, I respect my friend works. It works as long as we have hon- sition. I urge my colleagues to reject from Massachusetts because he has est people in the bureaucracy. this attack on our working families, been the No. 1 champion of these Think of this one. There is a level of our unions, and our country’s core val- unpowerful trade union organizations. detail in all legislation that is left to ues. Mr. DODD. Oddly enough. administrators and regulators. The PRESIDING OFFICER. The Sen- Mr. HATCH. These poor little picked- The McCain-Feingold bill that is so ator from Utah. on people who basically have no say in magnificent, triumphed by the distin- Mr. HATCH. I can’t stay here and let their lives, unless they have the pro- guished Senator from Massachusetts, the Senator from Massachusetts get tection of the distinguished Senator requires State parties to use hard away with this. Here we go again. I ac- from Massachusetts, among others. money to pay the salary of a State knowledge he represents a State that is But to come here today and tell me I party worker if they spend more than highly unionized. I don’t know if he have to write every detail of regulation 25 percent of their time on Federal ever worked for a union or belonged to into a statute that I know the FEC can election activities. a union, but I have. I spent 10 years in do is almost an insult. It comes close. That is pretty broad to me. Nowhere the building construction trade unions. Mr. KENNEDY. Almost. does McCain-Feingold state how State I have a lot of respect for the union Mr. HATCH. He is fighting for his parties are to track these people’s movement. I would fight for the right special interests, and I don’t blame time—nowhere. We will leave that to of collective bargaining. him. He gets 100 percent support from the regulators. But, unlike my colleague from Mas- union activity and union money. It has I could go down each paragraph in sachusetts, I do not believe I have to kept him in office for years. the McCain-Feingold bill and shred it

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.105 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2641 alive, if the argument of the distin- Mr. HATCH. Mr. President, I suggest share of such stocks of funds from its general guished Senator from Massachusetts the absence of a quorum. treasury for the purpose of political activi- has any merit, which, of course, it does The PRESIDING OFFICER. The ties; or not. But that doesn’t stop bombastic clerk will call the roll. ‘‘(B) for any labor organization described in this section to collect or use any dues, ini- argument, nor should it. I love them The assistant legislative clerk pro- tiation fee, or other payment if any part of myself. I love to see the distinguished ceeded to call the roll. such dues, fee, or payment will be used for Senator from Massachusetts get up Mr. DODD. Mr. President, I ask unan- political activities. there, and everybody is almost positive imous consent that the order for the ‘‘(2) EFFECT OF AUTHORIZATION.—An author- he is going to blow a fuse before he is quorum call be rescinded. ization described in paragraph (1) shall re- through. But the fact is, he has a right The PRESIDING OFFICER. Without main in effect until revoked and may be re- to do that. I admire him for doing it. I objection, it is so ordered. voked at any time. Mr. HATCH. Mr. President, my modi- ‘‘(c) CONTENTS.— admire the way he supports his special ‘‘(1) IN GENERAL.—The report submitted interests. I do not know of anybody fication is at the desk. I ask unani- under subsection (a) shall disclose informa- who does it better. We don’t have any- mous consent that my amendment be tion regarding the dues, fees, and assess- body on our side who can do that as so modified. ments spent at each level of the labor orga- well. The PRESIDING OFFICER. Is there nization and by each international, national, (Applause in the Galleries.) objection? State, and local component or council, and The PRESIDING OFFICER (Mr. Mr. DODD. Reserving the right to ob- each affiliate of the labor organization and BROWNBACK). There will be order in the ject—I am not going to object—Mem- information on funds of a corporation spent gallery. bers should have the right to modify by each subsidiary of such corporation show- Mr. HATCH. That brought tears to ing the amount of dues, fees, and assess- their amendments. ments or corporate funds disbursed in the my eyes. For the purposes of clarification, I following categories: Mr. President, McCain-Feingold does wonder if my colleague from Utah ‘‘(A) Direct activities, such as cash con- not say if the contract workers are em- might take a minute to explain the tributions to candidates and committees of ployees of the State party, or regular, modification. political parties. full-time employees. Those details are Mr. HATCH. It basically corrects lan- ‘‘(B) Internal and external communications left to regulators. guage in the amendment. It basically relating to specific candidates, political The amendment amends the FECA allows proportionate share with regard causes, and committees of political parties. act so that the FEC would administer ‘‘(C) Internal disbursements by the labor to the unions, and also with regard to organization or corporation to maintain, op- this and all existing FEC enforcement corporations. I think it applies both laws and regulations, as well as pen- erate, and solicit contributions for a sepa- ways. But I wanted to make sure. rate segregated fund. alties that would apply. Mr. DODD. I am sure the President ‘‘(D) Voter registration drives, State and I know what is going on. It is wonder- understood that. precinct organizing on behalf of candidates ful to argue for what helps your side. I have no objection. and committees of political parties, and get- McCain-Feingold, to their credit, is Mr. HATCH. Mr. President, I yield out-the-vote campaigns. trying to get a more honest system the floor. ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For that is equal both ways. But if you read The PRESIDING OFFICER. Without each of the categories of information de- the provision on the Beck decision, it objection, the amendment is so modi- scribed in a subparagraph of paragraph (1), the report shall identify the candidate for basically obliterates it. It basically fied. narrows it so much that it has no public office on whose behalf disbursements The amendment (No. 134), as modi- were made or the political cause or purpose meaning. fied, is as follows: I have to say there are those on the for which the disbursements were made. Beginning on page 35, strike line 8 and all ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— other side of the floor who will never that follows through page 37, line 14, and in- The report under subsection (a) shall also allow the Beck Supreme Court deci- sert the following: list all contributions or expenditures made sion, the ultimate law of the land, to SEC. 304. DISCLOSURE OF AND CONSENT FOR by separated segregated funds established be enforced, or to be applied, because it DISBURSEMENTS OF UNION DUES, and maintained by each labor organization would even things up, and it would FEES, AND ASSESSMENTS OR COR- or corporation. allow 40 percent of the union member- PORATE FUNDS FOR POLITICAL AC- ‘‘(d) TIME TO MAKE REPORTS.—A report re- TIVITIES. ship in this country to have some say quired under subsection (a) shall be sub- Title III of the Federal Election Campaign mitted not later than January 30 of the year on how their dues are being spent in Act of 1971 (2 U.S.C. 431 et seq.) is amended beginning after the end of the election cycle the political activity. by inserting after section 304 the following: that is the subject of the report. That is all I am trying to do. I think ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF ‘‘(e) DEFINITIONS.—In this section: it is a reasonable thing. I think it is UNION DUES, FEES, AND ASSESS- ‘‘(1) ELECTION CYCLE.—The term ‘election the right thing. I think it is the intel- MENTS OR CORPORATE FUNDS FOR cycle’ means, with respect to an election, the ligent thing. If we don’t do this, then POLITICAL ACTIVITIES. period beginning on the day after the date of ‘‘(a) DISCLOSURE.—Any corporation or are we really trying to have a bill that the previous general election for Federal of- labor organization (including a separate seg- fice and ending on the date of the next gen- is going to correct some of the ills of regated fund established and maintained by eral election for Federal office. our society? such entity) that makes a disbursement for ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- I have no illusion. I suspect that political activity or a contribution or ex- ical activity’ means— many, if not all, on the other side will penditure during an election cycle shall sub- ‘‘(A) voter registration activity; vote against this amendment because mit a written report for such cycle— ‘‘(B) voter identification or get-out-the- it does basically even things up. It does ‘‘(1) in the case of a corporation, to each of vote activity; what the distinguished Senator from its shareholders; and ‘‘(C) a public communication that refers to ‘‘(2) in the case of a labor organization, to a clearly identified candidate for Federal of- Massachusetts said we ought to do each employee within the labor organiza- back in the early 1990s, but today is in- fice and that expressly advocates support for tion’s bargaining unit or units; or opposition to a candidate for Federal of- dicating, if we do it, that it has to be disclosing the portion of the labor organiza- fice; and done in such specificity that it would tion’s income from dues, fees, and assess- ‘‘(D) disbursements for television or radio be the most specified language in the ments or the corporation’s funds that was broadcast time, print advertising, or polling history of legislative achievement. expended directly or indirectly for political for political activities.’’ AMENDMENT NO. 134, AS MODIFIED activities, contributions, and expenditures The PRESIDING OFFICER. Who Mr. President, I send a modification during such election cycle. yields time? ‘‘(b) CONSENT.— to the desk and ask for its immediate Mr. MCCONNELL. Mr. President, how ‘‘(1) PROHIBITION.—Except with the sepa- consideration. rate, prior, written, voluntary authorization much time remains? The PRESIDING OFFICER. Is there of a stockholder, in the case of a corpora- The PRESIDING OFFICER. On this objection? tion, or an employee within the labor organi- amendment, there are 37 minutes. The Mr. HATCH. It is a technical correc- zation’s bargaining unit or units in the case opponents have 62 minutes. tion. of a labor organization, it shall be unlawful— Mr. MCCONNELL. Mr. President, I Mr. DODD. I would like to see the ‘‘(A) for any corporation described in this thank Senator DODD and others for al- amendment. section to use portions, commensurate to the lowing Senator HATCH to modify his

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.106 pfrm03 PsN: S21PT1 S2642 CONGRESSIONAL RECORD — SENATE March 21, 2001 amendment. We got into quite a tussle ment so noncontroversial that it was $277,508,365. The Teamsters brought in the other night over that issue. I am subject only to intermediate scrutiny. $303,498,920. pleased to see the comity that the Sen- And it survived intermediate scrutiny I could go on. I have not yet included ate normally enjoys. It has been exer- and survived review under this stand- some of the largest unions, such as the cised on this occasion. I thank every- ard. Communications Workers, the Service one for allowing Senator HATCH to The court upheld the affirmative con- Employees Union, the Hotel Workers modify his amendment. sent requirement explaining that: Union, the National Education Asso- Let me say that this amendment has By verifying on an annual basis that indi- ciation, and the Electrical Workers, all been described as a poison pill by the viduals intend to continue dedicating a por- of which are among the largest unions New York Times and the Washington tion of their earnings to a political cause, in America. Post and Common Cause. I think it is [the consent requirement] both reminds But if we just add up what the eight important for Members to understand those persons that they are giving money for unions I mentioned raked in during political causes and counteracts the inertia what a ‘‘poison pill’’ is by their defini- that would tend to cause people to continue 1999, it amounts to $2,700,645,439. If we tion. A poison pill is anything that giving funds indefinitely even after their double this figure, to reflect what these might affect labor unions. Disclosure support for the message may have waned. eight unions took in during the 1999– and consent are universally applauded The annual consent requirement ensures 2000 election cycle, it amounts to in the campaign finance debate. Disclo- that political contributions are in accord- $5,401,290,878. sure and consent are the two principles ance with the wishes of the contributors. If these eight unions spent just 10 upon which there is wide agreement on So there is a binding Federal court percent of this amount to help the a bipartisan basis throughout this precedent upholding affirmative con- Democrats in the last election, these Chamber—unless it applies to labor sent requirements on unions. This case eight alone spent $540 million. So it is unions. makes clear that such provisions are safe to say that unions easily spend at What Senator HATCH is trying to do not even subject to strict scrutiny. least $1⁄2 billion for Democrats in each is to apply those principles—disclosure It is entirely possible that unions are election cycle. and consent—to organized labor in this the biggest spenders in our elections. Independent academic research from country. Admittedly, the so-called pay- But we do not know because they do Professor Leo Troy of Rutgers arrives check protection amendment in the not disclose the majority of their polit- at similar numbers, as do estimates past has only applied to unions. Many ical activities. The numbers people use from former high-ranking union offi- of our Members have complained about to say corporations outspend unions cials, such as Duke Zeller, formerly a that. are suspect because they only include Teamsters official, who has acknowl- The senior Senator from Arizona, as what unions disclose. But we can esti- edged that big labor spent about $400 recently as January 22, complained mate what unions spend because there million for the Democrats and Bill about the fact that it did not apply to is no meaningful disclosure anywhere Clinton in 1996. shareholders. The junior Senator from of what unions spend on political ac- Contrast this with $244 million total Wisconsin, on the same day, was com- tivities—such as phone banks, direct for all corporate and business associa- plaining about the paycheck protection mail, voter identification, get-out-the- tion hard and soft money contributions proposal because it only applied, as he vote activity, candidate recruitment, to the Republican and Democratic Par- put it, to one player, the labor unions. political consulting, and other activi- ties, including their congressional Senator KERRY of Massachusetts, in ties—in support of the Democratic committees. the last year or so, was complaining Party. We must, admittedly, simply es- These figures regularly cited about about paycheck protection because it timate what they spend. business outspending labor 10 or 15 to 1 only applied to labor unions. Senator By contrast, we have a very good are based on questionable figures gen- LIEBERMAN, in February of 1998—just a idea what corporate America spends erated by the ‘‘reform industry’’ to re- couple years ago—I suspect it is still because almost all of its activity is enforce its own mythology about how his view that paycheck protection is a limited to operating PACs and making corrupt Congressmen are, in the pocket problem because it does not apply to soft money donations to parties, which, of big business. These estimates are corporations. That is one of the prin- unlike big labor’s ground game, are not based on sound, unbiased FEC fig- cipal arguments against so-called pay- fully disclosed activities. ures. check protection. In estimating what unions spend, we Moreover, the reformers’ estimates The Senator from Utah has now ap- should note that in Beck cases—and re- only look at how much publicly dis- plied it to corporations. He has applied member, the Beck case was about a closed hard and soft money businesses it. There is parity between unions and nonunion member—it is not unusual and labor give to parties and their can- corporations. The goal is to ensure for nonunion members, seeking a re- didates. They totally ignore the hun- that all political money is voluntary. fund of the pro rata share of their fees dreds of millions big labor pour into its In a corporation without share- that the union uses for activities unre- massive, undisclosed ground game op- holders, if the owner uses his money on lated to collective bargaining, to get erated on behalf of the Democratic politics, obviously, it is voluntary be- back in excess of 70 percent. In the Party. cause it is his money. With share- Beck case itself, Mr. Beck got back 79 The dirty little secret that big labor holders, we need this legislation so ex- percent. and its allies do not want anyone to ecutives do not decide for the share- So let’s be very conservative and say know is that corporate America just holders. that the unions spend 10 percent of the makes contributions and may run up In unions, the consent provision en- money they take in each year to help some issue ads once in a while to which sures political money from dues are Democrats. we can assign a price tag, thanks to ad voluntarily used for political purposes. Now, let’s look at how much unions buy information. Big labor, on the And, of course, there are no privately take in from dues from members, agen- other hand, makes some contributions, held unions. cy fees from nonmembers, and other runs some issue ads, but that is just Paycheck protection is clearly con- sources, such as their affinity credit the tip of the iceberg. The vast major- stitutional. In Michigan State AFL- card program. According to figures ity of its political activity and money CIO v. Miller, the U.S. Sixth Circuit from the Department of Labor for 1999, is dedicated to the ground game. These Court of Appeals upheld a State stat- the Auto Workers Union took in direct expenditures which completely ute requiring unions to get affirmative $308,653,016. The Steelworkers Union dwarf what business spends on politics, consent each year from union mem- took in $569,198,286. The Machinists even if they are only 5 to 10 percent of bers. In fact, the court held that the af- Union took in $167,201,344. The Car- what big labor rakes in each year, firmative consent requirement, similar penters Union took in $624,205,132. The aren’t disclosed anywhere. Nowhere is to Senator HATCH’s requirement, was Laborers International Union took in this disclosed. And big labor’s allies not even subject to the highest degree $133,921,734. The Food and Commercial will do everything they can to make of strict scrutiny. Rather, the court Workers Union took in $316,458,642. The sure these massive expenditures that found the affirmative consent require- Airline Pilots Union took in form the brunt of big labor’s political

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.108 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2643 operation remain hidden away from the probably don’t know that unions use then be an expenditure which would sunlight of disclosure. their dues for such things as an effort have to be paid for in hard dollars. I am The distinguished Senator from Mas- in 1996 to legalize marijuana in Cali- not sure even what the relevance of sachusetts has noted that no corpora- fornia. The Teamsters contributed that is in this particular place. The tion does get-out-the-vote operations. $195,000 in union dues to support that same thing with disbursements for tel- Unions offer the appearance of a legiti- particular effort. I wonder how many evision or radio broadcast time. mate democratic process but none of hard-working families of union mem- The heart of this amendment is to go the reality, and disregard the interests bers want their hard-earned dollars to after union activity and to place re- of working men and women instead of be used for the legalization of mari- quirements on unions that are so oner- representing them. juana. I cite that as an example of the ous that they will not be able to meet In 1959, Congress enacted the Labor- way in which union dues can be used them. To require affirmative approval Management Reporting and Disclosure without the consent of members and on of certain activities in a voluntary or- Act to protect the rights and interests causes certainly the members are not ganization and association which has of union members against abuses by likely to agree with. voted to engage in certain activities in unions and their officials. The act gave Senator HATCH, through this impor- which free people engage is set aside union members various substantive tant amendment, is trying to get at here. Instead, under this amendment, rights that were considered so crucial some of these problems. I commend we have a free association of people, to ensuring that unions were democrat- him for his outstanding leadership on because no one can be required to be a ically governed and responsive to the this issue over the years. We certainly member of a union, not in this country. will of their membership that they hope this amendment will be approved. Nobody can be required to be a member were labeled the Bill of Rights of Mem- I retain the remainder of my time of a union. bers of Labor Organizations. The and yield the floor. So you have an association of free LMRDA made rank-and-file union The PRESIDING OFFICER. Who men and women who have decided that members the sole guardians of protec- seeks time? they want to engage in certain polit- tions set forth in the Bill of Rights for The Senator from Connecticut. ical activity, but we are told in this amendment that they have to go Members of Labor Organizations by Mr. DODD. Mr. President, I yield 15 through certain hoops and they have to prohibiting the Secretary of Labor minutes to the distinguished senior jump across certain hurdles before they from investigating violations of those Senator from the State of Michigan, are allowed to do so. Mr. LEVIN. rights. We are told that there is parity here. Of course, Congress realized that the The PRESIDING OFFICER. The Sen- Stockholders are also covered by this, protections provided in the Bill of ator from Michigan is recognized for up we are told. Yet we haven’t heard, de- to 15 minutes. Rights for Members of Labor Organiza- spite the many suggestions and ques- Mr. LEVIN. I thank my friend from tions were meaningless if union mem- tions asked about this, of any corpora- Connecticut. bers did not know of their existence. tions that engage in this activity that Mr. President, this amendment is Therefore, in section 105 of the act, would be required to obtain stock- written as though it would apply to Congress mandated that ‘‘every labor holder approval before using corporate both corporations and unions. The organization shall inform its members funds to do so. concerning the provisions of this chap- words on the piece of paper we have If this were a serious amendment ter.’’ Unfortunately, as demonstrated just been handed say ‘‘any corporation aimed at parity, if this were truly a by the U.S. Fourth Circuit Court of Ap- or any labor union.’’ When somebody real-world parity amendment, it would peals recent decision in Thomas v. The first looked at it, they would say: Aha, not be written in the way it is relative Grand Lodge of the International Asso- this applies to both. to corporations. Saying that you would ciation of Machinists, a decision hand- In the real world, it doesn’t. In the have to get the approval of stock- ed down in just January of this year, real world, the only entities to which it holders, for instance, without saying the officials at labor unions have frus- applies are unions and not corpora- which class of stockholders—common trated the will of Congress and sought tions. The activities which are covered stock, preferred stock—what day are to prevent their members from learn- here are really for, first, voter registra- we getting the approval of stockholders ing of their rights by refusing to notify tion activity. I don’t know of too many on, was it yesterday before a billion members of the act’s protections when corporations that engage in that. I shares of stock were sold on the New they join. would love to know from the sponsors York Stock Exchange, is it today, In Thomas, the union asserted that of this amendment what percentage of when another billion shares of stock their one-time publication of the provi- corporations engage in voter registra- are going to be sold on the New York sions of the act to their membership tion activity. That is the first thing it Stock Exchange, This is not a moving way back in 1959—the fact that they covers, something which unions do and target which would be presented to a published it one time in 1959 —satisfied corporations don’t. But we are told corporation. It would be a moving bul- their obligation to notify their mem- there is parity in this amendment. let which would have to be somehow or bers. The court of appeals rejected this The second thing we are told it cov- other captured so these requirements somewhat ingenious argument because ers is voter identification or get-out- could be met. But they are not real re- it ran counter to the clear text of sec- the-vote activity. I don’t know of too quirements because corporations don’t tion 105 and because ‘‘Congress clearly many corporations that engage in engage in the activity purportedly intended that each individual union voter identification or get-out-the-vote being covered by this amendment. member, soon after obtaining member- activity. I would be really interested to The purpose of this amendment is to ship, be informed about the provisions hear from the sponsors of this amend- try to restrict legitimate political ac- of the act,’’ including the Bill of Rights ment as to what percentage do because tivity of an association of men and of Members of Labor Organizations. I don’t know of many. In fact, I don’t women in a labor union. The disguise is This is the reality of union democ- know of any offhand. So while it pur- pretty thin. The disguise is, look, we racy and the contempt union leaders ports to be equal in its application, have heard a lot about covering cor- have for the rights and interests of while it purports to have parity to both porations, so we are doing it. But this working men and women. Unions still unions and corporations, it is purely isn’t the activity that the corporations continue to fight disclosing to workers paper parity, it is not real world par- engage in which is set forth in this the basic rights Congress set forth ity. It is the appearance of parity with- amendment. This is the activity in back in 1959. out the reality of parity—paper parity. which labor unions engage—voter reg- The reason the underlying amend- The third item is public communica- istration activity, voter identification, ment doesn’t include ideological tion that refers to a clearly identified or get-out-the-vote activity. So the dis- groups is that when you give to the Si- candidate. I am not sure what that guise is pretty thin. The parity is paper erra Club, you know the causes they means, because if it were a public com- parity only. advocate. When people join unions or munication that expressly advocated This amendment, it seems to me, are forced to pay fees to unions, they support for or opposition to, it would should be seen for what it is—a way to

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.112 pfrm03 PsN: S21PT1 S2644 CONGRESSIONAL RECORD — SENATE March 21, 2001 attempt to reduce the political activ- stricted by this amendment—with no impropriety, and severe practical lim- ity of labor unions. There was a case showing of an appearance of corrup- its on the rights of association in trade called Machinists v. Street in the Su- tion, restriction on the rights of asso- unions. And I believe this language preme Court back in 1961. The Supreme ciation. That is what this amendment should not only be defeated by this Court expressed concern with en- reflects. body, but, hopefully, will be rejected on croachment on the legitimate activi- That cannot just be disguised or cov- a bipartisan basis because it would cut ties and necessary functions of unions. ered up by saying, oh, look, it applies into the rights that I believe all of us They made it very clear in that case to corporations, too, when in fact the should want very much to protect. that it is up to the members of the corporations do not engage in the ac- I thank the Chair. union to decide in what activities they tivity being discussed here. And, in The PRESIDING OFFICER. The Sen- would engage, and that dissent is not fact, if this seriously were aimed at ator from Kentucky is recognized. presumed, in the words of the Supreme corporations, it would be so totally un- Mr. MCCONNELL. Mr. President, the Court. workable that it would fall of its own Senator from Michigan is correct, of This amendment reverses that right weight. No corporation I know of could course, that no worker can be forced to of association where members of an as- possibly comply with these rules, even join a union. They can, however, be sociation are presumed to support, by if it wanted to engage in get-out-the- forced to pay fees to unions, equal to the election of their officers and adop- vote activity or voter registration. union dues, as a condition of maintain- tion of their bylaws, the program of There would be no practical way it ing their employment. That is pre- that association. It reverses the Su- could comply with this. cisely the point of Senator HATCH’s preme Court’s assumption and pre- The effort to modify this amendment amendment. sumes dissent, requiring affirmative was a reflection of the total inability As for the concern of the Senator approval of members of a free associa- of a corporation to function under this from Michigan about the fact that no tion. kind of a rule. But it doesn’t cure the corporation does ground wars as unions This is what the Supreme Court said: problem because, again, we are not do, that is, of course, precisely the Any remedies, however, would properly be told: When is this decision made? What point. That is exactly why McCain- granted only to employees who have made day are the stockholders going to be Feingold is biased in favor of Demo- known to the union officials that they do not counted? Do they have to be asked on crats. desire their funds to be used for political a certain day as to whether or not they Unions, as the Senator from Michi- causes to which they object. The safeguards approve a get-out-the-vote campaign or gan has pointed out, do the ground war in the law were added for the protection of a voter registration campaign? The for the Democrats. I wish we had an dissenters’ interests, but dissent is not to be next day you may have hundreds of ally like that on our side. I admire the presumed. thousands, perhaps in a large corpora- unions greatly. They do the ground war This amendment, by requiring that tion, of different stockholders. What for the Democrats. unions go through very complicated, classes of stock are covered? There is For Republicans, it is the party that cumbersome procedures in order to ob- nothing about that—and for good rea- takes the primary role in the ground tain affirmative approval of members son. That is not the purpose of the war. As we have discussed here, and as of that free association, is intended to amendment. the Senator from Michigan has con- put a damper on union political activ- The purpose of this amendment, I am ceded, corporations don’t do that sort ity, and it is very clear what this pur- afraid, is a purpose in which we as a of thing. They never have and, in my pose is. body should not participate. The pur- view, they never will. Finally, let me just say this: This is pose of this amendment is to restrict McCain-Feingold eliminates one- not an amendment, it seems to me, the political activities of a free asso- third of the resources that Republican which belongs in this bill or is really ciation. We should not do that, wheth- Party organizations have to counter appropriate in this bill. This is an er we like the association or don’t like the union ground game from which amendment that is aimed at labor the association. We should not do that Democrats benefit 100 percent. unions, separate and apart from any whether the association is supportive According to Forbes magazine, the bill that we have before us relative to generally of our party or opposes gen- NEA’s local uniserve directors act as money going into campaigns. This is erally our party. The principle here, the largest army of paid political orga- not an amendment that is aimed at the the principle involved, is the right of nizers and lobbyists in the United appearance of corruption, which we association under the first amendment. States. According to NEA’s own stra- have been told, under Buckley, can be It cannot be restricted by law. It tegic plan and budget, these political addressed by trying to put some limits should not be restricted by this body. operatives had a budget of $76 million on contributions to campaigns. That is We should not attempt to place these for the 2000 cycle—$76 million for the what the Buckley case says we can do. kinds of restrictions on the associative 2000 cycle alone. None of that is In order to avoid the appearance of rights of American citizens. touched by McCain-Feingold. corruption, the appearance of impro- Finally, under a NAACP case in 1963, With regard to the unions, what do priety, we can put contribution limits I will close with this quote. The first unions do to help Democrats? Again, I on contributions, we can restrict con- amendment is what is being discussed say I wish we had such an ally. This is tributions because of what can be im- in that case, and this is what the Su- what the unions do for the Democrats: plied, and is too often implied, by large preme Court held: One, get out the vote; contributions going into these cam- Because first amendment freedoms need Two, voter identification; paigns. We have not been shown the breathing space to survive, government may Three, voter registration; corruption that this amendment in- regulate in the area only with narrow speci- Four, mass mailings; tends to remedy. ficity. Five, phone banks; What this amendment intends to do I know we are going to have a debate Six, TV advertisements; is to restrict the rights of association over whether or not the bill before us Seven, radio advertisements; of members of a union—people who vol- meets the first amendment test. Those Eight, magazine advertisements; untarily decide they are going to either of us who very much support McCain- Nine, newspaper advertisements; be in a union, remain in a union, or Feingold feel passionately that it does, Ten, outdoor advertising and join a union; people who are not re- that it is narrowly crafted to allow for leafletting; quired to stay in a union by law; people regulation, to address the appearance Eleven, polling; who are not required to join a union by of impropriety and corruption. But And twelve, volunteer recruitment law because no law can require that in there is no way that the amendment and training. this country. Yet it is the restriction before us, which has an effect only on Boy, I wish we had an ally such as of that association, the right of men the free association of labor unions, that. That would be wonderful. The and women in a free country to asso- can possibly meet this test with no only entity we have that engages in ciate freely and to decide on a regime showing of an appearance of corrup- any of those activities on behalf of Re- of political activity that is being re- tion, no showing of an appearance of publicans is our party organizations.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.115 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2645 Their funds would be reduced by at The PRESIDING OFFICER. The Sen- should be all about supporting their least a third or, in the case of the Re- ator from Kentucky has 15 minutes 30 rights to serve their members, not try- publican National Committee, 40 per- seconds. ing to gag them, trying to block com- cent by McCain-Feingold. Mr. MCCONNELL. I reserve the re- munication. My colleagues are so wor- McCain-Feingold purports to regu- mainder of my time, and I will see how ried that these associations and these late some union activity, and I gather it goes. organizations of people who do not give from reading the paper it has made the Mr. DODD. How much time remains the millions of dollars will be able to, unions at least a little bit nervous. It on the opponents’ side? God forbid, be involved in voter reg- purports to prohibit TV and radio ads The PRESIDING OFFICER. Forty- istration activity, get-out-the-vote ef- that refer to a candidate within 60 days seven minutes 22 seconds. forts, internal communication, and of a general election or 30 days of a pri- Mr. DODD. Maybe we will consume grassroots politics. mary. all of it, and if the Senator from Ken- This is the ultimate anti grassroots However, with regard to national tucky—— politics, anti association, anti group parties, everything the national party Mr. MCCONNELL. I have reserved and organization, anti rank-and-file does must be paid for in 100-percent mine. member, anti people communicating federally regulated hard dollars, even if Mr. DODD. How much time does my with one another, anti people without it does not mention a single candidate. good friend from Minnesota need? the big bucks through their association If, in fact, that 1 restriction on union Mr. WELLSTONE. Ten minutes, and being able to have some power and some say and some clout in American activity remains in the bill at the end, I may not take a full 10 minutes. politics. that leaves 11 other activities unions The PRESIDING OFFICER. The Sen- ator from Minnesota is recognized for This amendment should be roundly engage in untouched by McCain-Fein- defeated. gold while at the same time the bill re- 10 minutes. Mr. WELLSTONE. Mr. President, I I yield the floor. duces the funds available for the na- will tell you why I may not take the Mr. CORZINE. Mr. President, I rise tional parties by a third, to 40 percent. full 10 minutes. I had an opportunity to today in strong opposition to the so- In addition to that, McCain-Feingold, hear Senator LEVIN, and he said much called paycheck protection amend- in effect, federalizes State and local of what I wanted to say except he said ment. This proposal, in my view, is lit- parties in even-numbered years. In it better than I can. tle more than a thinly veiled attack on order for the Republican National Com- I do want to be really clear that this organized labor, and an attempt to un- mittee—it would apply to Democrats ‘‘paycheck protection’’ amendment dermine genuine campaign finance re- as well, but it is not as important to that all of us have been expecting has form. them because they have the unions as taken an even more egregious and cyn- The effect of this amendment would I just described—in the case of the ical form than I had contemplated in be to bury unions in a morass of bu- local parties and the national party, all my nightmares. reaucratic red tape, and severely im- they would have to operate at 100-per- This is not about sham issue ads. It is pede their ability to represent their cent Federal dollars, even if they were important to go after soft money that membership. It would push unions fur- trying to influence a mayor’s race in goes into such ads by any kind of orga- ther to the periphery of the political process, and hurt the working men and Wichita, KS. nization. This is not about parity be- women they represent. It also may well This bill does little or nothing to the tween corporations and unions, for all unions. What little it purports to do, I be unconstitutional. of the reasons Senator LEVIN outlined. Every day, associations and other or- gather, has made the unions nervous, This is, however, going after political and it will be interesting to see if, be- ganizations representing everything activity defined as ‘‘voter registration from chocolate manufacturers to re- fore the end of this debate, not only are activity, voter identification, or get the amendments such as the one we are tired people come to Capitol Hill to ad- out the vote, public communication vocate for their members. These orga- debating not approved, I am curious to that refers to a clearly identified can- see whether there will be additional nizations use a variety of mechanisms didate for Federal office.’’ to decide how they spend their money. amendments offered that will, in fact, I can understand why, given what we take out what few uncomfortable por- Some give broad authority to their have been doing on the floor of the D.C. representatives. Others centralize tions of the existing bill there are for Senate over the last couple of weeks, organized labor. In other words, I am authority with their president. Others such as, for example, in 10 hours over- operate through special boards or com- predicting that not only will Senator turning 10 years of work to have a rule HATCH’s amendments—this one and the mittees. to provide some protection for people It is not Congress’s business to dic- one he will offer after this one—prob- against repetitive stress injury—I can ably be defeated, but that those ele- tate to these organizations how they understand why my colleagues would make their internal spending decisions. ments of McCain-Feingold that cur- not want unions, or any kind of organi- rently create some angst among That is their business. And that is how zation that represents workers, com- it should be. unions, there will be an effort to strip municating with those workers. But this amendment says that it is those out before we get to final pas- This is a gag rule amendment. That our business as politicians to tell sage. is what this is about. Basically, this is unions how to make their internal In the name of fairness, what we are the issue: This amendment is all about spending decisions. The obvious intent talking about, with Senator HATCH’s going after a democratic, with a small is to harm unions’ ability to function amendment, is to make sure that union ‘‘d’’—may I please make that distinc- effectively in the political process. dollars are voluntarily given by mem- tion—a democratic institution, with a This doesn’t just discriminate unfairly bers and that union activities are dis- small ‘‘d,’’ and denying that against unions. It undercuts their con- closed. Consent and disclosure are two associational democratic institution stitutional rights of free association principles, it seems to me, that have the right to represent and serve its and of free speech. been at the heart of the campaign fi- members. As a result of the 1988 Beck case, all nance debate for many years. What my colleagues are worried workers can already opt out of paying I think we are probably through on about, what this amendment is a re- union dues. They can choose not to be this side. I do not know how many flection of, is the concern of some of in the union and to pay a fee that only more speakers you have. my colleagues that this particular covers costs associated with contract The PRESIDING OFFICER. The Sen- democratic organization, with a small management and collective bargaining. ator from Connecticut. ‘‘d’’—a union, or it can be any organi- No worker is forced to join the union. Mr. DODD. Mr. President, I know of zation—will be able to serve its mem- Therefore, no worker is forced to cover three or four anyway. There may be a bers. costs associated with political activi- few others. Frankly, we in the Senate ought to ties. And, I would add, the underlying Mr. MCCONNELL. How much time do be for all democratic, with a small ‘‘d,’’ legislation includes a provision that I have? associational organizations, and we makes this very clear.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.117 pfrm03 PsN: S21PT1 S2646 CONGRESSIONAL RECORD — SENATE March 21, 2001 In reality, this amendment is a delib- seem to seek in this. But ‘‘fair’’ means Internal disbursements, to operate erate attempt to undermine one of the you try to achieve parity to the best and solicit contributions—likewise, not key purposes of unions, advocating for degree possible between both sides’ po- a shareholder participation. their members not only with manage- tential supporters, those who give to Voter registration drive, et cetera. ment, but with elected officials. The us. What it specifically seeks to do is re- amendment goes well beyond what the What is extraordinary to me is what strain those activities which our col- Supreme Court required in the Beck is being sought here is effectively the leagues don’t like because they are par- decision. It would require union mem- silencing of the capacity of organized ticipating in the process, and it doesn’t bers to affirmatively agree to set aside labor to be able to participate with a achieve parity with the corporate sec- a portion of their dues for political ac- fig leaf, a pretense about corporate re- tor—and, I might add, places a burden tivities. And then it would require pe- sponsibility and shareholder obliga- on the corporate process, which is ab- riod reports spelling out details of tions. There is nothing in the termi- solutely not workable. those activities. nology of the legislation in the way it I don’t see how it is possible for cor- These requirements would impose has been set forth that actually creates porations to make the kinds of divi- significant costs on unions and limit any equality at all between share- sions that are called upon in this legis- their ability to participate in the polit- holders and union members who, I lation. It would require a constant ical process. might add, are a completely different tracking of new shareholders, a con- It is important to remember that concept altogether. After all, I think it stant recalculation of their ownership unions are democratic institutions. De- is understood there are certain laws stakes. Shares are traded daily on the cisions are made by majority vote or that apply to unions—to union partici- stock market. Corporations would have by duly elected representatives. More- pation, the Beck law, to the rights of to collect and process spending author- over, as I said earlier, nobody is forced union members, to union democracy, ization from those daily changing to join a union. If you decide to join, as election of leaders, the way in which shareholders. And, finally, the corpora- with other voluntary organizations, they participate—which are completely tions would have to pay additional you accept the democratic decision- different from the role of shareholders dividends or other financial benefits to making process. and the way shareholders participate. shareholders who refuse to authorize It is absurd to join the NRA and ask More importantly, look at the basic corporate and political legislative that no funds be used for political ac- numbers. Corporations outspent unions spending. tivities. You cannot pay a reduced fee in political activities in the last elec- It is completely unworkable on the to simply receive American Rifleman tion 15–1. Even if you accept the argu- corporate side, but it is not meant to magazine. And you cannot join the Si- ment of some Republicans that unions be workable. It is clearly meant to be erra Club just for the tote bag. Simi- tend to predominantly be supportive of a restraint on the capacity of a vol- larly, political activities are a funda- Democrats, which might incidentally untary association under the Constitu- mental feature of a union’s operations. illicit some thinking on their part tion to be able to participate in the Unions were formed in the first place about why it is that happens, but with electoral process in a way not denied to to reduce the historic imbalance be- ergonomics in the past week and other any number of other groups in our tween workers and management, be- attacks, I think we can understand country. tween most Americans and powerful, that differential, but even if you were I think our colleagues ought to join entrenched interests. By coming to- to split the corporate contributions— together because this is an amendment gether, working families have an influ- because some corporations do, indeed, calculated to try to undo the McCain- ential voice, and nowhere is the voice also give to Democrats—and you took Feingold concept, and particularly cal- of labor unions more important than in only 8–1 or 7–1, you are looking at a culated to establish a playing field that the political arena. This amendment level of expenditure that so far out- is not level. would, in effect, silence that voice, and strips the participation of unions that Mr. DODD. I yield 5 minutes to my in the process silence millions of work- the real objection of some of our col- colleague from Wisconsin. ing families. leagues is not the money; it is the fact Mr. FEINGOLD. Mr. President, the If we believe in the constitution right that people, voters, actually go out and President of the United States, Presi- to free association, we cannot support get engaged in the system in a way dent Bush, issued a statement with re- this amendment. If we believe in the that shareholders don’t. gard to campaign finance reform indi- rights of working families to be heard, What they are trying to do is legisla- cating he is committed to working we cannot support this amendment. tively strip away the capacity of those with the Congress to ensure that fair And if we believe in fundamental and people to be able to participate to the and balanced campaign finance reform equitable campaign finance reform, we full extent of our democratic process. legislation is enacted. He specifically cannot support this amendment. The Supreme Court of the United referred to a desire to have a balance Mr. DODD. Mr. President, we have States made it clear in Communication between unions and corporations in the many Members desiring to be heard. I Workers of America v. Beck—in the United States. want to make sure I accommodate ev- Beck decision—when it said that Apparently Senator HATCH’s amend- eryone who wants to be heard. unions can’t, over the objection of a ment is an attempt to do that. But as I yield to my colleague from Massa- dues-paying nonmember employee, has been effectively pointed out by chusetts for 5 minutes. spend funds collected from those ac- Senator LEVIN, it doesn’t accomplish The PRESIDING OFFICER (Mr. AL- tivities unrelated to collective bar- that. It isn’t balanced. It isn’t parity. LARD). The Senator from Massachu- gaining. They cannot use that money The distinguished Senator from Massa- setts is recognized for up to 5 minutes. in politics already. chusetts pointed out when it comes to Mr. KERRY. Mr. President, I thank That decision has been properly codi- the balance between unions and busi- my colleague. fied in this legislation by Senators ness in the country, this amendment The impact of this amendment and MCCAIN and FEINGOLD. Here we are doesn’t even apply to 99.7 percent of the fundamental unfairness of it are so codifying Beck and restricting the ca- the businesses in the country. obvious and so patently clear. What pacity of the nonmember employee, It is an interesting technique to talk this tries to achieve doesn’t necessitate dues-paying employee. What the legis- about balance between unions and cor- a raising of voices or even an angry re- lation seeks to do in reading several porations but not include many other sponse, although I think there are sections of it, sections (B), (C), and (D) kinds of organizations as well. plenty of Members who feel offended by of section 1, is show it is specifically What is even more troubling is the what it seeks to do. targeted to internal and external com- point made by the Senators from The purpose of this McCain-Feingold munications relating to specific can- Michigan and Massachusetts. The defi- legislation is to try to create a fair didates. That is the kind of commu- nition of ‘‘political activity’’ is by no playing field. ‘‘Fair’’ is not a word we nication that takes place in the union. means balanced between what corpora- hear a lot applied to the standards It doesn’t take place among share- tions do and unions do. This needs to which our colleagues on the other side holders. be reiterated. There are four kinds of

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.018 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2647 activity listed. Two of the activities rectors of a corporation do that, and objecting nonmembers in several cases fol- are activities in which at least at this they are responsible and have a legal lowing Beck, I can assure you that section point only unions participate, and a duty to their shareholders to do it. If 304 of McCain-Feingold-Cochran does not this amendment actually works—and I codify Beck. It would gut Beck. third is defined in a circular way which The federal courts and the National Labor means that it probably doesn’t apply to am very skeptical that it does—then Relations Board (‘‘NLRB’’) now both have ju- the kind of disbursements for tele- before this vote, corporate America risdiction over claims of misuse of compul- vision or radio that corporations do. should be descending on this body en sory dues for political and other nonbar- The fourth activity refers only to ex- masse within an hour or so. gaining purposes. The jurisdiction is concur- press advocacy, which unions and cor- Lots of representatives of corporate rent, because such claims are claims for porations can only do through their America oppose this bill now, but if breach of the ‘‘judicially created duty of fair PACs. this bill passes, every corporation in representation’’ owed to workers by their ex- The Senator from Michigan has it America will oppose it. This provision clusive bargaining agents . . . right. He said it is purely paper parity would be a disaster for corporations if The Lawyer goes on: between corporations and unions. What it works in that way. However, section 304 of McCain-Feingold- he said is not only alliterative, it is Aside from the problems with this Cochran would amend section 8 of the NLRA dead right. This amendment is purely amendment that the other speakers expressly to make it an unfair labor practice have very well pointed out, our Beck for a union to ‘‘not to establish and imple- paper parity. ment [an] objection procedure’’ by which Even the President of the United provision addresses the issue of the use of union dues for political purposes. nonmembers compelled to pay dues as a con- States’ principles and desire that we dition of employment can obtain a reduction create a balance between unions and The real problem with this amendment in their dues for ‘‘expenditures supporting corporations are not achieved by the is that this is a poison pill to this bill. political activities unrelated to collective Hatch amendment. It fits the definition of a poison pill to bargaining.’’ I compliment the Senator from Utah a tee. If this amendment to the NLRA becomes for attempting to do this. On its face, If this amendment passes, reform is law, then the courts are likely to hold that the amendment is not as one-sided as dead. I am confident that we will de- Congress intended to oust the courts of juris- feat it despite the herculean efforts of diction to enforce the prohibition on such some that have been offered in the spending.5 That would leave individual work- past. For example, one previous amend- the Senator from Utah to cover cor- porations and unions equally because a ers with no effective means of enforcing ment on this subject said that any their Beck rights, as history union or corporation that charges its sugar-coated poison pill is still a poi- demonstrates... members dues is covered by the provi- son pill. When the sugar wears off, and it will wear off pretty quickly on this Further in the statement the lawyer sion. But, of course, no corporation in points out: America charges dues. amendment, as we have seen, the poi- son underneath will kill this bill. Many Beck cases do not even make it to Nonetheless, let’s be serious. Is there the Board, because the NLRB’s General anybody in this body who really be- It is essential for the sake of this campaign finance reform effort that counsel does not prosecute them vigorously. lieves that this provision will actually According to the National Right to Work work? This amendment supposedly this amendment be tabled. Legal Defense Foundation’s Staff Attorneys, The PRESIDING OFFICER. The Sen- would require every corporation in who have represented most employees who ator from Kentucky. America to get the permission of its have filed Beck charges with the Board, the Mr. MCCONNELL. Mr. President, the shareholders before it spends money for General Counsel has settled many Beck arguments about the mechanics of the charges with no real relief for the charging political activities. That is ludicrous. Hatch amendment are a sham. The Se- employees. The Board’s Regional Directors Corporations have millions of share- curities and Exchange Commission has have refused to issue complaints on and dis- holders. Their identity changes every managed to figure out ways to deter- missed many other charges at the direction day. The Senator from Massachusetts mine who is a shareholder and when, so of the General Counsel. No appeal from a dis- made this very clear—how could you that shareholders can be sent annual missal of a charge is possible, because the General Counsel has ‘‘unreviewable discre- possibly do this? Billions of shares of statements and proxies. Regulators are stock change hands each week—bil- tion to refuse to institute unfair labor prac- quite capable of handling these issues. tice proceedings.’’ ... lions. Apparently, it would be nec- There has been mentioned on the essary to get the permission of every floor, ‘‘the appearance of corruption.’’ The Lawyer continues: shareholder. Let me ask a question. Why does it cre- Thus, by vesting Beck-enforcement author- What about people who own shares in ate the appearance of corruption for a ity in the NLRB, the McCain-Feingold-Coch- ran amendment to the NLRA would leave no corporations through mutual funds? union or citizen group to run an ad How are their rights protected? Actu- real remedy available to objecting employees criticizing our voting records around who wish to bring Beck claims that a union’s ally the amendment says that ‘‘with- election time, such that it justifies reg- spending of compulsory dues or fees, or its out the separate, prior, written vol- ulation under the Snowe-Jeffords lan- objection procedure, breaches the duty of untary authorization of a stockholder, guage that is in the underlying fair representation. it shall be unlawful for any corporation McCain-Feingold bill, but it does not Section 304 of McCain-Feingold-Cochran, if described in this section to use funds create the appearance of corruption of it becomes law, would legislatively overrule from its general treasury for the pur- the process for that same soft money almost 40 years of decisions of the United States Supreme Court concerning what pose of political activity.’’ So perhaps from advocacy groups and unions to be this provision only requires corpora- union activities objecting nonmembers may used for phone banks, leaflets, mail- be compelled to subsidize . . . tions to get the permission of one ings, and other things designed to criti- stockholder. Far from codifying Beck, this under- cize candidates and influence elec- lying bill basically neutralizes Beck. But if that is what it means, if it tions? does not apply to billions of stock- This is absurd. Remember when you Section 304 of McCain-Feingold-Cochran purports to limit the use of compulsory holders, which would be unworkable, hear the words ‘‘poison pill,’’ you know and only requires the consent of one union dues and fees. In fact, it is craftily it is an amendment that may have drafted to overrule the Supreme court’s in- stockholder, it would be a sham like some impact on organized labor. terpretation of the federal labor laws and the earlier proposals. It has been suggested by the sponsors sanction the use, now prohibited, of compul- I take the Senator from Utah at his and others that the Beck decision, sory dues and fees for a broad range of polit- word, that he is trying to be even- which of course applied to nonunion ical, ideological and other non-bargaining handed, trying to cover unions and cor- members working in union shops, was purposes. porations equally. But if his proposal codified in the underlying McCain- Section 304 effectively would overrule the Court’s decisions in Ellis and Beck for em- actually works, the Senator from Utah Feingold bill. has singlehandedly rewritten the law of ployees forced under the NLRA to pay union I have a statement from the lawyer dues and fees to keep their jobs, because sec- corporations in this amendment. Cor- who represented Mr. Beck in that case, tion 304 does not prohibit the use of compul- porate shareholders generally have lit- dated January 30 of this year. He said: sory dues for all activities unnecessary to tle ability to influence corporate pol- I have reviewed section 304. As one of the the performance of a union’s duties as the icy and practices. The officers and di- attorneys for the nonmembers in Beck, and exclusive bargaining agent for the objecting

VerDate 21-MAR-2001 02:55 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.123 pfrm03 PsN: S21PT1 S2648 CONGRESSIONAL RECORD — SENATE March 21, 2001 employees’ bargaining unit. Rather, section selves, a subject we should debate sepa- We all know union members elect 304 prohibits the use of compulsory union rately. their own leaders, and they set their dues only for ‘‘political activities unrelated I ask those who are proponents of own dues. Not every member of the to collective bargaining.’’ Section 304, if en- this amendment if their goal is not to union is satisfied with the election. In acted, thus would permit the use of compul- sory funds for union organizing, litigation kill the underlying bill, they should almost every vote we take here not not concerning the nonmembers’ bargaining then withdraw the amendment and every Member is satisfied with the out- unit, and the portions of union publications move it forward in the appropriate come of the vote. that discuss those subjects, uses now prohib- committees as part of corporate gov- If the union wants to change leaders ited under Ellis and Beck. ernance and governance of labor and lower their dues to foreclose polit- Even worse, section 304 would repudiate unions. ical expression, they are, of course, free the 1961 decision in Street that no political Let us be clear about the actual sub- to do so. and ideological activities may be subsidized stance. It is, as many have already said That they have not done that on the with compulsory dues and fees. Section 304 would not prohibit the use of compulsory on other occasions, ‘‘paycheck decep- whole is an indication that members’ funds for all political activities, but only tion’’ to claim that union members get free speech rights are not being vio- ‘‘political activities unrelated to collective railroaded into paying for speech with lated in the wholesale way alleged by bargaining,’’ which it defines as only ‘‘ex- which they disagree. our friends on the other side. penditures in connection with a Federal, In reality, all of us know people are Now, the sponsor of this amendment State, or local election or in connection with not forced to join unions. Unions are has commendably made the attempt— efforts to influence legislation unrelated to voluntary associations that members unlike some past versions of this—to collective bargaining.’’ (Emphasis added.) are free to quit the second they dis- include at least publicly held corpora- This definition would not prohibit the use of agree with the union’s political activi- compulsory dues and fees for political party tions. activities not in connection with an election, ties. For one thing, I do not hear the lobbying on judicial and executive branch That is the essential freedom. If the venom directed at publicly held cor- appointments, campaigning for and against freedom went any further, we would porations that make decisions and ballot propositions, and publications and have no voluntary organizations in spend their money on ads when certain public relations activities on political and America, and we probably wouldn’t shareholders disagree with those deci- ideological issues not directed to specific have a democracy. sions. Shareholders can go to the cor- legislation. Moreover, because most legisla- To say that people are coerced by an porate meeting, voice their objections, tion on which unions lobby could be said to organization that they can quit at any and they probably have even less be ‘‘related to collective bargaining,’’ the McCain-Feingold amendment would effec- moment because they do not get the chance as an individual union member tively prohibit the use of compulsory dues majority vote, there would be strong of changing things. and fees only for and against candidates for objection to any legislative body, in- We do not hear that kind of vehe- public office . . . cluding this one, as there would be to mence and even venom. But the argu- Mr. President, you get the drift. Beck unions. ment for union democracy is probably is effectively repealed by the under- Even those who quit, of course, would greater than that of corporate democ- lying McCain-Feingold legislation. be represented by the union by paying racy. I do not know how many more speak- agency fees. Shares in corporations are alienable ers we have. For that reason, the first amendment and change hands in virtually instanta- How much time do I have remaining? argument advanced by the proponents neous transactions millions of times The PRESIDING OFFICER. Eight of this amendment is, quite frankly, a each day. minutes. The other side has 29 minutes. red herring. To pretend that shareholders who Mr. MCCONNELL. I reserve the re- There are people in this country and buy and sell their shares so readily are mainder of my time. in this body who just do not like analogous to members for the purpose Mr. DODD. Mr. President, I yield 5 unions. So they argue with the struc- of consenting to political speech is just minutes to the distinguished Senator ture of the union, and the very same not a serious argument. from New York. structure of an organization that they That is why it just isn’t workable to How much time remains for the oppo- like, they don’t argue with at all. try to include corporations, and why, nents? The first amendment rights of mem- my colleagues, this is just an anti- The PRESIDING OFFICER. The op- bers are not transgressed when unions union measure from start to finish that ponents have 29 minutes remaining. engage in political activity because should be debated in the Health, Edu- The PRESIDING OFFICER. The Sen- they chose to associate themselves cation and Labor Committee and put ator from New York. with the speech. It’s that simple. to its proper death. Mr. SCHUMER. Mr. President, I Moreover, unions are democratic or- Incidentally, also, other associations thank the Senator from Connecticut. ganizations. similar to labor unions, such as the Mr. President, I rise to oppose the Our friends on the other side of the Chamber of Commerce, aren’t covered amendment of my friend Senator aisle would have you believe that union by this amendment. HATCH on so-called ‘‘paycheck protec- bosses are making unilateral decisions In sum, I urge Members to vote tion.’’ in smoke-filled rooms that flout the against this amendment and see it for All of us know the purpose of this will of their members and stifle their what it is—a poison pill that has noth- amendment. It is, quite simply, to kill first amendment rights. ing to do with union members’ rights McCain-Feingold, pure and simple. That very argument has been made but everything to do with defeating The proponents of this amendment by Communists and fascists about this campaign finance reform. won’t vote in favor of McCain-Fein- body and about our democracy. They I thank my colleague and yield back gold. They just want to diminish the vote. They set their own dues. Not ev- the time I may have remaining. number of Democrats voting for erybody gets his or her way because a Mr. DODD. Mr. President, I know my McCain-Feingold and thereby have it majority vote prevails. colleague from Oklahoma wishes to be fail. It makes no sense to castigate unions heard. I want to take a couple of min- In reality, the actual reason for this for engaging in the same majority rule utes. I will be glad to give him what- amendment is simply to end campaign upon which our country is founded. I ever time he needs. I would like to re- finance reform as we know it today. argue that the reason we hear this ar- serve 4 minutes at the end of the de- If the proponents of this amendment gument is not because of any greater bate. wanted to move the issue forward, they devotion to democracy but because of How much time remains? wouldn’t do it as part of campaign fi- dislike and even hatred of unions. How The PRESIDING OFFICER. A little nance because this amendment has ab- dare these union organizations force over 21 minutes. solutely nothing to do with campaign employers to pay more than the em- Mr. DODD. I will take about 5 min- finance. ployer wants to pay. But, my col- utes. My colleague from Oklahoma This amendment is about the way leagues, that argument went out if not wants 5 or so minutes, if he would like, unions and corporations govern them- in the 1890s, in the 1930s. and others may show up. I would like

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.019 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2649 to reserve the last 4 minutes to share functions. Despite, again, what my col- currently crafted, it is unworkable— some of that time with my colleague leagues have said, there are 21 States and even if it were well crafted—I from Kentucky, if he needs it, or any- in this country where people who are think this is fundamentally a step in one else who may come over. nonunion members still get the bene- the wrong direction and does not fur- Senator SCHUMER from New York fits of what unions are collectively ther the overall goals of this bill. made a very compelling and sound ar- able to bargain for. Nonunion members My colleague from New York said it gument against this amendment. get a free ride on the coattails of col- well. If corporate America thought this First of all, I know it is something lective bargaining agreements in 21 amendment was going to be adopted, it Members do with great frequency. If States in this country. would be banging down the Senate you read this amendment, it is terribly Further, there are laws in place to doors. The idea that they should be complicated. It almost seems to be a ensure that nonmembers in the 29 free- treated exactly like unions is not flawed amendment. I get the thrust of bargaining States can confine their something that corporate America what I think the Senator from Utah payments to what is directly related to would welcome. wants to do, but I am not sure, even if collective bargaining, contract admin- Here make no mistake, again there it were adopted, it achieves the results istration. That is in 29 States in this appears to be a lot of animosity here, a that he desires with the language he country. lot of venom, a lot of anger over the has crafted. It is rather complicated. In There have been a bunch of different fact that organized labor fights on be- fact, the modification that the Senator States that have tried to do what the half of their people. They fight for a from Utah made may even complicate Senator from Utah wants to do. Every Patients’ Bill of Rights. They fight for it further, as I read it. one of these States rejected it. Only prescription drug benefits. They fight Just on a first blush, if you look at one has it—ironically, the State of for a minimum wage increase. They this, the amendment itself probably Utah—and that State has not made a fight to improve the quality of edu- should be recrafted in a way. So it determination yet as to whether or not cation. Make no mistake, there are ought to be rejected merely on tech- this paycheck deception, as I call it, is people who disagree with them. And nical grounds. going to become the law of the land. they wish the unions would just be Even for those who may support what Our colleagues in the State legisla- quiet and go away and stop speaking he wants to do, I do not believe this tive bodies have rejected this. The out on these issues and stop getting amendment does what the author courts have rejected this as being un- themselves involved in the political claims. For those of us who disagree constitutional as well. life of America. I appreciate their de- with the intent of the amendment, Unions are the only member organi- sire to have that occur, but that is not there are deeper reasons why this zations that have to give their mem- right. It is not how America functions. amendment ought to be rejected. First, bers the option of receiving all the eco- It is not what we ought to codify as there is no parity. That is what my col- nomic benefits of membership whether new law. league from New York was suggesting. they are actually members. So whether Whatever else one thinks about Whether people like unions or not, one likes unions or does not like them, McCain-Feingold—and despite the fact they are democratic institutions. there is a fundamental difference. To I agree with my colleague from Wis- There are laws which govern how union suggest somehow we are going to consin, if this amendment were adopt- officials are elected. They may not al- achieve parity, that is not the case. ed, it would virtually act as a ‘‘poison ways perfect elections. There have been On the issue of shareholders, despite pill’’ and kill this bill. To the extent some highly flawed elections. Re- the fact there has been a tremendous people are interested in campaign fi- cently, we went through one nationally and healthy explosion of involvement nance reform, the adoption of this where there was great controversy of by average citizens purchasing stocks amendment would, for all practical one particular international union. in America in the last 10 years—While purposes, destroy the fine effort that Members of that union protested loud- I do not have the exact percentage has been waged by the Senator from ly over how that election was con- today of Americans who own stock, Arizona and the Senator from Wis- ducted. own a piece of equity in American busi- consin to achieve campaign finance re- But, fundamentally, they are demo- ness, I would estimate it to be approxi- form. cratic institutions where the members mately around 70 percent. It is a won- If this amendment were adopted, get to decide a number of things. They derful, new statistic in terms of peo- aside from that issue, it would be a decide whether or not to form a union. ple’s participation economically in major setback, in my view, for millions They decide who their officials will be their own independence. But a substan- and millions of working people in this by secret ballot. They have rights to tial part of stock that has been pur- country who want their voices heard, access of information about union fi- chased is purchased through mutual want the issues they care about to be nances and operations. Under the law, funds. There are individual buyers, but on the table when politics is being dis- they are required to have that access. a lot of it is done through large inves- cussed and candidacies are being de- Union rules are applied on an equal tors or larger conglomerates, if you cided. basis. Now, there are problems that will. For those reasons, and others occur in the breach, but the law re- However, when you start breaking brought up today, I respectfully say to quires it. this out and start to decide how a my friend from Utah that this amend- If you change the word from ‘‘union’’ shareholder would vote on whether or ment would be more properly with- to ‘‘corporation,’’ the workers in a cor- not corporate funds ought to be used drawn for the reasons I said at the very poration do not have the right to orga- for political activities—I do not think I outset of the discussion. Notwith- nize themselves per se. They do not have to say much more—you are enter- standing all of the above, the amend- elect their officials, the management ing a morass of problems on how you ment ought to be defeated. And I urge team. Access to information of fi- divide the percentages of corporate eq- my colleagues to do so when the vote nances is not legally required to be uity based on a corporation’s political occurs. made available to all the employees. involvement. You are literally putting With that, I yield the floor. The rules apply differently than from a sign around almost every corpora- The PRESIDING OFFICER. The Sen- unions. Corporations are hierarchical tion’s neck saying: Indict me. Because ator from Oklahoma. structures. They could not function I do not know how you do it without Mr. NICKLES. Mr. President, it is otherwise. I am not suggesting it ought getting yourself into trouble. with some regret I rise in opposition to to be, but to suggest that unions and It seems to me, this bill is a step in this amendment. I tell my friend and corporations are sort of parallel orga- the wrong direction. In a bill where we colleague from Connecticut, I happen nizations is to fly in the face of factu- are trying to reduce the amount of to agree with him on the portions of ally what exists. money, the proliferation of soft-money his debate alluding to the corporate So there is a significant difference dollars, in politics, to try, all of a sud- side of this, trying to say that stock- between how a union is organized, how den, to engage in a debate that is un- holders would give approval—for the it functions, and how a corporation workable, and as the amendment is information of the Parliamentarian, I

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.128 pfrm03 PsN: S21PT1 S2650 CONGRESSIONAL RECORD — SENATE March 21, 2001 am on the time of the Senator from No one should be compelled to con- don’t think so. Organized labor forcibly Connecticut. I see the Parliamentarian tribute to a campaign in the year 2001 confiscates hundreds of millions of dol- is having a hard time deciphering that. in the United States. Yet we have mil- lars for political purposes. Organized I am not often on the side of my friend lions of Americans who are given no labor put in at least $300 to $500 million from Connecticut, but at this time I choice. Some people have said this is a in the last campaign cycle. That is a will use his 5 minutes. killer amendment, that it is a poison lot of money. Let them participate, but Mr. DODD. Mr. President, I hope the pill to kill the bill. I disagree whole- it just should all be done with vol- world notes and records this moment. I heartedly. I was a principal sponsor of untary campaign contributions. thank my colleague. that original paycheck protection Likewise, if businesses are raising The PRESIDING OFFICER. For the amendment. I still am. I believe very money for political action committees, record, the Senator from Connecticut strongly no one should be compelled to that should all be done on a voluntary wants to be notified when there are 4 contribute to a campaign against their basis. Nobody should be compelled to minutes remaining? will, period. We want to encourage par- contribute to a campaign in the year Mr. DODD. I think my colleague said ticipation. We don’t want to mandate 2001. he needs 5 minutes. I will give him 10 it. We don’t want to take money away I hope we will have a chance to vote minutes. If he uses less, let me know. from an individual, use it in a way they on paycheck protection, voluntary The PRESIDING OFFICER. There don’t like, and then say: If you want campaign contributions for all Ameri- are 12 minutes left. to, you might file for a refund. cans. I do believe that the language Mr. DODD. Better make it 8. That is the Beck decision. I think we that deals with the corporate side of Mr. NICKLES. I will do that. should strike the Beck provision. I this is not workable and does not have Mr. President, I mention to my agree entirely with the Senator from anything to do with voluntary cam- friend from Connecticut, I happen to Kentucky. The Beck provision in the paign contributions. I say that with agree with him. The corporate side of underlying bill is a fraud. It should not great regret because I have the great- this would not work. I read the lan- be in there. It doesn’t protect workers; est respect for my colleague from Utah. guage. It is the second time today I it doesn’t codify Beck. It dilutes it, if I also want to address one other issue have read the language. The other time it does not totally eviscerate it. It very quickly. That is the issue with I read the language was in relation to needs to be deleted. We will wrestle Beck. My friend from Kentucky men- the amendment dealing with broad- with that amendment later. I don’t tioned that the Beck language in the casting. want to confuse the two. underlying bill needs to be taken out. I All of a sudden we are giving gifts to Paycheck protection is important. It agree wholeheartedly. I hope we will politicians to the tune of—if you are is important for those millions of have bipartisan support. People who from a large State, such as New York, workers in 29 States that are compelled said they wanted to codify the Beck de- New Jersey, or California, the previous to join a union. If they object to the cision, this does not codify it, it amendment gave a gift to politicians in union and resign their membership in changes it, changes it dramatically. To the millions of dollars. And that was in the union, they still have to pay agen- me, that is not right. I don’t think it is the language. The language in this cy fees. Agency fees can be in excess of right for us to say verbally it codifies amendment, regretfully—I have the $20 a month. Much of that money, Beck when it takes worker protections greatest respect for my colleague from maybe half, maybe more, is used for and actually guts the Beck decision. I Utah, but I do not think the corporate political purposes against their will. hope that at a later point, not to con- side is workable. Those hard earned dollars may be used fuse it with this amendment, but at a I heard people say: We want to have for political purposes maybe they don’t voluntary campaign contributions that later point my colleagues will join agree with, money that goes to can- those of us who would like to see that should apply to the unions and busi- didates campaigning against a tax cut, nesses. But no one is compelled to be a language removed from the underlying maybe campaigning to take away their bill. stockholder. right to own firearms, maybe very lib- I thank my friend and colleague from My friend from Connecticut men- eral positions with which they don’t Connecticut for the time and also my tioned, you may happen to own a mu- agree. tual fund. This is absolutely impossible You might ask: Where did Paycheck friend and colleague from Kentucky to enforce. But I also say there is a big Protection come from? I began this who I think has handled this bill quite difference between stockholders and fight because an American Airlines well. employees. And the reason why we union member came up to me and said The PRESIDING OFFICER. There called the original one paycheck pro- that his money was being used for po- are 7 minutes 23 seconds remaining for tection is because unions are actually litical purposes that he was against it, the proponents, and 6 and a half min- taking money away from individuals totally, and he couldn’t do anything utes for the opponents. on a monthly basis many times to the about it. I told him I would try to help The Senator from Kentucky. tune of $20 or $30 a month, and in 29 him. I told him I will try to pass legis- Mr. MCCONNELL. Before the Senator States, in many cases, taking away lation to have voluntary campaign con- from Oklahoma leaves the floor, I want that money without their approval. Oh, tributions for everybody in America. him to know he has our great admira- they may not join the union, but they That shouldn’t be too much to ask for. tion. He is the one who thought of pay- still have to pay agency dues, agency That is the genesis of paycheck protec- check protection. He outlined the his- fees. tion. tory of it a few moments ago. I under- A lot of that money is used for polit- I hope maybe we will have a chance stand we will not have his vote on this ical purposes. That part of the amend- to vote on that. I hope we will find out, offering because, as he knows, we were ment I happen to agree with whole- are people really for voluntary cam- trying to meet the objections of some heartedly. That is the amendment I paign contributions. Unfortunately, of those on the other side who have wish we were voting on, not this one the amendment we have before us does said for years: You ought to apply it to that confuses corporate, where you much more than make a campaign con- corporations as well as unions. We did have to get shareholders’ approval, who tributions voluntary. So maybe at a that. It looks as though we are not voluntarily purchase stock, because later point in the debate—we still have going to get any of their votes anyway. that is not workable. a week and a half left—maybe we can I do credit the Senator from Okla- It is workable to say, before you take vote on voluntary campaign contribu- homa. This is his piece of work origi- money out of a worker’s paycheck to tions. That is this Senator’s purpose. nally. I hope at some point in the de- the tune of $25 a month, if that indi- For someone to say this is a poison bate he will offer the amendment with- vidual does not want their money to be pill because organized labor doesn’t out the corporate provision. I certainly used—maybe $5, $10, $15 a month—for want it is nonsense, do we should just would vote for it. I think many Mem- political purposes, they should have a give a special interest a blank check— bers would. It deals with a very real veto. They should be able to say: No, do we let them veto anything that we problem in the American political sys- don’t take my money. present on the floor of the Senate? I tem.

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.131 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2651 I think we are essentially through AMENDMENT NO. 136 ‘‘(D) Voter registration drives, State and with the debate, I say to my friend Mr. HATCH. I send an amendment to precinct organizing on behalf of candidates from Connecticut. the desk. and committees of political parties, and get- Mr. DODD. If my colleague will yield, The PRESIDING OFFICER. The out-the-vote campaigns. we are prepared to yield back whatever ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For clerk will report the amendment. each of the categories of information de- time we have remaining. If that would The assistant legislative clerk read scribed in a subparagraph of paragraph (1), be the case, then I think a motion to as follows: the report shall identify the candidate for table would be made, and we could The Senator from Utah [Mr. HATCH] pro- public office on whose behalf disbursements move on. poses an amendment numbered 136. were made or the political cause or purpose Mr. MCCONNELL. I yield back the Mr. HATCH. I ask unanimous consent for which the disbursements were made. time on this side. reading of the amendment be dispensed ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— The report under subsection (a) shall also Mr. DODD. I yield back our time as with. well. list all contributions or expenditures made Mr. KENNEDY. Reserving the right by separated segregated funds established The PRESIDING OFFICER. Without to object—I don’t intend to object— objection, it is so ordered. and maintained by each labor organization does the Senator have copies of the or corporation. The Senator from Arizona. amendment? ‘‘(c) TIME TO MAKE REPORTS.—A report re- Mr. MCCAIN. Mr. President, I move Mr. HATCH. I understand your side quired under subsection (a) shall be sub- to table amendment No. 134, and I ask has copies. mitted not later than January 30 of the year for the yeas and nays. Mr. DODD. I say to my colleague, beginning after the end of the election cycle The PRESIDING OFFICER. Is there a there is a copy we can get. that is the subject of the report. sufficient second? ‘‘(d) DEFINITIONS.—In this section: Mr. KENNEDY. I have a copy. There appears to be a sufficient sec- ‘‘(1) ELECTION CYCLE.—The term ‘election The PRESIDING OFFICER. Is there ond. The clerk will call the roll. cycle’ means, with respect to an election, the The legislative clerk called the roll. objection to the dispensing of the read- period beginning on the day after the date of The result was announced—yeas 69, ing of the amendment? the previous general election for Federal of- nays 31, as follows: Without objection, it is so ordered. fice and ending on the date of the next gen- The amendment is as follows: eral election for Federal office. [Rollcall Vote No. 43 Leg.] (Purpose: To add a provision to require dis- ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- YEAS—69 closure to shareholders and members re- ical activity’ means— Akaka Domenici Levin garding use of funds for political activi- ‘‘(A) voter registration activity; Baucus Dorgan Lieberman ties) ‘‘(B) voter identification or get-out-the- Bayh Durbin Lincoln vote activity; On page 37, between lines 14 and 15, and in- Biden Edwards McCain ‘‘(C) a public communication that refers to Bingaman Ensign Mikulski sert the following: Boxer Feingold Miller a clearly identified candidate for Federal of- SEC. 305. DISCLOSURE OF DISBURSEMENTS OF fice and that expressly advocates support for Breaux Feinstein Murray UNION DUES, FEES, AND ASSESS- Byrd Fitzgerald Nelson (FL) MENTS OR CORPORATE FUNDS FOR or opposition to a candidate for Federal of- Campbell Graham Nelson (NE) POLITICAL ACTIVITIES. fice; and Cantwell Hagel Nickles Title III of the Federal Election Campaign ‘‘(D) disbursements for television or radio Carnahan Harkin Reed Act of 1971 (2 U.S.C. 431 et seq.) is amended broadcast time, print advertising, or polling Carper Hollings Reid for political activities.’’ Chafee Hutchinson Rockefeller by inserting after section 304 the following: Cleland Hutchison Sarbanes ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF Mr. HATCH. Mr. President, this Clinton Inhofe Schumer UNION DUES, FEES, AND ASSESS- amendment is simple, and straight- Cochran Inouye Snowe MENTS OR CORPORATE FUNDS FOR Collins Jeffords Specter POLITICAL ACTIVITIES. forward. It does not attempt to codify Conrad Johnson Stabenow ‘‘(a) IN GENERAL.—Any corporation or the Beck case that we debate year- Corzine Kennedy Stevens labor organization (including a separate seg- after-year on the Senate floor. There is Daschle Kerry Thompson nothing complex or legalistic about it. Dayton Kohl Torricelli regated fund established and maintained by DeWine Landrieu Wellstone such entity) that makes a disbursement for Frankly, like the section 527 bill we Dodd Leahy Wyden political activity or a contribution or ex- passed last year, we simply require dis- penditure during an election cycle shall sub- NAYS—31 closure. mit a written report for such cycle— This is a modest measure of funda- Allard Gramm Santorum ‘‘(1) in the case of a corporation, to each of Allen Grassley Sessions its shareholders; and mental fairness. It is a simple right-to- Bennett Gregg Shelby ‘‘(2) in the case of a labor organization, to know amendment. The right of Amer- Bond Hatch Smith (NH) ican workers and shareholders who pay Brownback Helms Smith (OR) each employee within the labor organiza- Bunning Kyl Thomas tion’s bargaining unit or units; dues and fees to unions and corpora- Burns Lott Thurmond disclosing the portion of the labor organiza- tions that represent them, to know Craig Lugar Voinovich tion’s income from dues, fees, and assess- how their money is being spent for cer- Crapo McConnell Warner ments or the corporation’s funds that was Enzi Murkowski tain political purposes, causes, and ac- Frist Roberts expended directly or indirectly for political tivities. It does nothing more than re- activities, contributions, and expenditures This motion was agreed to. quire a report by labor organizations during such election cycle. and corporations to be given to the Mr. DODD. I move to reconsider the ‘‘(b) CONTENTS.— vote by which the motion was agreed ‘‘(1) IN GENERAL.—The report submitted shareholders and workers represented to. under subsection (a) shall disclose informa- by unions. This shows how much of Mr. MCCONNELL. I move to lay that tion regarding the dues, fees, and assess- their money is being spent in the polit- motion on the table. ments spent at each level of the labor orga- ical process. The motion to lay on the table was nization and by each international, national, As we all know, part of the debate agreed to. State, and local component or council, and here has been the use of these types of each affiliate of the labor organization and Mr. MCCONNELL. I ask unanimous money that never have to, because of information on funds of a corporation spent the loophole in the Federal election consent, following the debate tonight by each subsidiary of such corporation show- on the pending Hatch amendment, the ing the amount of dues, fees, and assess- laws, be seen on the reports or be re- Senate then resume consideration of ments or corporate funds disbursed in the ported by those who received benefits the amendment beginning at 9 o’clock following categories: from union expenditures. in the morning, and there be 30 min- ‘‘(A) Direct activities, such as cash con- I have to say this amendment does utes of debate remaining, equally di- tributions to candidates and committees of not impose overly burdensome or oner- vided, in the usual form. Finally, I ask political parties. ous requirements on corporations or consent that following the use or yield- ‘‘(B) Internal and external communications unions. This is basic information, and relating to specific candidates, political it should be freely provided. ing back of time, the Senate proceed to causes, and committees of political parties. a vote on or in relation to the amend- ‘‘(C) Internal disbursements by the labor I cannot believe that either union or ment. organization or corporation to maintain, op- corporate leadership has a legitimate The PRESIDING OFFICER. Without erate, and solicit contributions for a sepa- interest in keeping secret what polit- objection, it is so ordered. rate segregated fund. ical causes and activities employee

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.133 pfrm03 PsN: S21PT1 S2652 CONGRESSIONAL RECORD — SENATE March 21, 2001 dues, fees, or earnings are being spent Mr. DODD. Mr. President, does my The Senator from Massachusetts? to support. If employees or share- colleague from Arizona wish to be Mr. KENNEDY. Mr. President, with holders learn how their money is being heard on this? all respect to my friend and colleague spent in the political process, unions Mr. MCCAIN. I would like 3 minutes. from Utah, this really is no improve- and corporations will enjoy an even Mr. DODD. I yield 3 minutes to the ment over the earlier amendment. In greater confidence level in their deci- distinguished Senator from Arizona. many respects, it just continues the sionmaking. Mr. MCCAIN. Mr. President, I thank differentiation by which different On the other hand, if employees and Senator HATCH for an effort to do what groups are being treated, not just the shareholders might not like what they all of us agree is a fundamental of any corporations and unions but other see, is that any reason they should not campaign finance reform, and that is groups as well. see it? Is it too onerous? No. After the full and complete disclosure. I regret Again, I know my friend talked about numerous paperwork burdens that this having to point out my opposition to the drafting. He doesn’t need any lec- Congress has freely imposed on small this amendment because it is my un- tures from me. But I am confused be- businesses and all taxpaying citizens, derstanding this full disclosure of po- cause the amendment is very unclear. how can any of us object to ensuring litical activity of both business and It says, for example, that ‘‘political ac- that workers, teachers, janitors, elec- labor is defined in the basic bill under tivities’’ must be reported. If you look tricians, and others are informed about section (2) Political Activity, which on page 5 it has ‘‘political activity’’ de- how their dues are being spent on the says: fined. If you go to the term ‘‘political most fundamental of all American ac- The term ‘‘political activity’’ means—(A) activity,’’ it means, if you go to line 19, tivities, the political process? voter registration activity; (B) voter identi- ‘‘political activity.’’ fication or get-out-the-vote activity; (C) a So you have political activity being I doubt anyone would suggest that public communication that refers to a fairly unions, even at the local level, do not defined as political activity. It is really identified candidate for Federal office and quite difficult to understand. keep these records anyway. How else that expressly advocates support for or oppo- can an organization that represents sition to a candidate for Federal office; and We all know at the present time that employees be effective and account- [finally] (D) disbursement for television or unions are subject to substantial re- able, if it does not even know how the radio broadcast time, print advertising or porting and disclosure requirements. I dues and fees collected from the em- polling for political activities. have in my hand the disclosure require- ployees it represents are being ex- The way I read this is most of these ments. They are extensive. Unions pended? activities are conducted by labor have to disclose PAC funds, all pay- Should we have the same require- unions and only one by corporations. ments for express advocacy, and de- ments also be applied to corporations So we have an imbalance here on re- tailed financial information. This goes that give this type of information to quirements for disclosure. far beyond what corporations today are their shareholders? There is not the There are many other things that are required to report. same problem there, but why not, if done by businesses and corporations It is publicly available. For any of that is what my colleagues think is that need to be disclosed as well, in my those who have a viewpoint that is the fair? My amendment therefore covers view. Very few corporate activities are same as that of the Senator from Utah, not only labor unions but also corpora- involved in voter registration activi- they can just go down to the Labor De- tions for this simple disclosure require- ties. Of course, unions are. The same partment where all these reports are ment. thing holds for voter identification or on file. They are available to the pub- lic. This amendment represents only one get-out-the-vote activity. Express ad- The case has not been made about simple, straightforward question: vocacy is clearly not something that is the inadequacy of the information that Should an employee be left in the dark done a lot by businesses, nor is polling. is reported. We have language requir- on how his or her union dues and fees I assure Senator HATCH of the fol- ing additional disclosure in this are being spent in the political process? lowing: We are working with Senator amendment, but there has been no case This amendment is the most modest of SNOWE and with Senator COCHRAN and that the current information is inad- beginning steps we can take to bring Senator COLLINS, and we are trying to equate to reveal what political activi- common sense or reform to our cam- come up with a fair disclosure amend- ties are being supported. paign laws. ment that will give greater disclosure than is presently in the bill but in a I think that doesn’t make a great Finally, let me add one more impor- more fair and balanced way. deal of sense. tant point. Everyone knows that the I will have to oppose this amendment This bill is not only vague, it is bur- corporate world represents share- on the grounds of its imbalance. The densome. As we mentioned earlier, and holders and not individual dues-paying one thing we promised everybody when as Senator HATCH said during our prior members. Everybody knows the cor- we proposed this legislation was we colloquy, corporations would have to porate world does not do the collateral would resist any attempt to pass an send reports to anyone who was a campaign work that the unions do with amendment that would unbalance what shareholder at the time of the expendi- dues-paid money. It is hardly the same we had put forward as a level playing tures. situation. That most likely is the rea- field. This would imbalance that. I be- We have had the chance to do the son why some of my colleagues did not lieve we can have all of those items numbers. Last week alone there were vote for the preceding amendment. fully disclosed, and more, so observers more than 6 billion stockholder trans- But the distinguished Senator from will say this full disclosure, this light, actions just on the New York Stock Massachusetts has in the past raised a will shine on business and unions alike Exchange. fair point. If we include the unions, in an equal manner. Does this mean that if any of the cor- why should we not include the corpora- Having said that, I regret to have to porations that would be included in tions? These are not reporting require- oppose the amendment. I will make a this bill made an expenditure last week ments that are onerous or burdensome. motion to table at the appropriate that all holders of those shares would This amendment is about basic fair- time. have to be notified? The amendment ness, and I hope all my colleagues will I yield the floor. says they would have to be notified of support it. Basically, it allows individ- Mr. KENNEDY. Mr. President, will all expenditures within a 2-year elec- uals that are shareholders or members the Senator from Connecticut yield me tion cycle. That is unwieldy. It is un- of a labor organization the right to 3 minutes? workable. It is enormously bureau- know how their money is spent in the Mr. DODD. I am happy to yield my cratic. It makes no sense at all. American electoral process. colleague 5 minutes. We had a good exchange in the last I think this is a fair amendment, it is I thank my colleague from Arizona debate. Many of us are troubled about a decent amendment, it is fair to both for his comments. We are going to what either my good friend, Senator sides. It just requires simple disclosure. meet in the morning for a half-hour de- HATCH, or others who support this Why not? bate before the final vote on this Hatch amendment have against working fam- I yield the floor. II amendment. I thank my colleague. ilies and the working families’ agenda.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.136 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2653 Working families want an increase in ment, receipt and expenditure in every The PRESIDING OFFICER. The Sen- the minimum wage, a Patients’ Bill of level, including affiliates, and every ator from Utah. Rights, and additional funding in edu- minor tangible office, is not in the spir- Mr. HATCH. Mr. President, I have cation. They want to make sure we it of true disclosure. This is in the spir- listened to these comments about the have a sound and secure national secu- it of discouragement from anyone par- imbalance. McCain-Feingold is bal- rity. They want Medicare and Medicaid ticipating in the process. Everyone ance. It brings balance. Let me give to be enhanced. They want to improve knows we have a hard time getting you an illustration. worker training. They want to invest more people to participate in the proc- McCain-Feingold regulates what in continuing education and workforce ess as it is. unions care about least. Think about training programs. I daresay that kind In last year’s Presidential and con- it. It regulates get out the vote. It reg- of a program would be worthwhile at gressional Federal elections, we had ulates two things: It regulates tele- the present time. This is what their about 50 million who participated out vision advertisement within 60 days. It agenda is all about. of 101 million eligible voters in this regulates radio ads for a candidate— We are probably in some form of eco- country. It seems to me we ought to be not a party—within 60 days of a general nomic crisis. And what we have from doing better and we can do better. We election, or 30 days of a primary. It the administration is a tax bill which lecture the world all the time about does do that. That is technically un- isn’t an economic program; it is a tax how important it is to vote. We like to constitutional on its face. But it does bill that was basically devised over a think of ourselves as an example for do that. Television advertisements and year ago when we had entirely dif- nations that are seeking to establish radio advertisements are all McCain- ferent economic conditions. democratic institutions. Feingold does with regard to what the I think the kinds of investment that It seems to me it is in our collective unions are interested in. These are the working families have advocated in interest to promote that idea, and to two things they care about least. terms of ensuring that we are going to do so by example with an environment What they really care about and invest in training programs, invest in of full disclosure, of fairness, and of eq- what we ought to be concerned about, education, invest in small business, en- uity. if we want fairness, and if we don’t hance research and training, and not But with all due respect to my friend want one side to have an advantage see further cuts in the National from Utah, the adoption of this amend- over the other, McCain-Feingold ought Science Foundation, or other cuts in ment is nothing more than to create to cover all get out the vote activities. the advanced technology program, unnecessary burdens on institutions That is probably one of the most im- makes a good deal of sense. that, frankly, we wish were more ac- portant things in the political process We hope this amendment is not ac- tive in the political life of America. If today, if not the most important thing. cepted. In the earlier debate and dis- they were, then in some sense through Voter identification, McCain-Fein- cussion, we went through these and voter education efforts we might have gold does not do anything about that. other provisions in careful detail. The greater voter participation. Voter registration, nothing. Mass mail- amendment does seem to be one-sided, This amendment, in my view, only ings, nothing. Phone banks, nothing; unfairly targeted, and completely un- adds additional unnecessary burdens to magazine advertisements, newspaper necessary. a process that already discourages too advertisements, outdoor advertising I think the sponsors, Senator FEIN- many people from participating in the and leafleting, polling, volunteer re- GOLD, and Senator MCCAIN, as well as public life of our Nation. For those rea- cruitment and training, union-salaried, Senator DODD and others, have elo- sons, I urge our colleagues when the full-time political operatives. And quently pointed out the kind of balance vote occurs tomorrow to reject this look, I do not have any problem with and protections for the American vot- amendment. that in the sense that unions have a ers that have been included in the I think the provisions included in the right to do whatever they want to do in McCain-Feingold legislation. That was bill drafted by the Senators from Ari- advancing their issues in the political carefully considered. It seems to me zona and Wisconsin very aptly deal process. And I would fight for their that we ought to stay with those pro- with this very question of true disclo- right to do that, as I have in the past. posals. I hope this amendment will not sure and information. They have done But the only people whose rights are be accepted. so in the spirit of seeking to make peo- infringed upon by the McCain-Feingold Mr. DODD. Mr. President, I thank my ple aware of what institutions are bill happen to be the Republican Party colleague from Massachusetts for his doing that involve themselves in the because the unions do all of this for the comments. I think he hit it right on political life of our country. Democratic Party. the head with this. But to add this amendment to the Mr. DODD. Will my colleague yield? I made comments earlier on the pre- McCain-Feingold bill would have the Mr. HATCH. If I could finish making vious amendment offered by my good opposite effect. It would not effectuate my point, and then I will be happy to friend from Utah. He made the point. I what we are trying to achieve. Our yield. understood the intent of what the Sen- goals are to reduce the proliferation of The unions are the principal get-out- ator was trying to achieve. As Senator the money in the political life of our the-vote force in the Democratic NICKLES of Oklahoma, with whom I country and to make it less costly for Party. Keep in mind, 40 percent of don’t normally agree on these matters, people to seek Federal office. union members are Republicans, yet al- properly pointed out, you cannot carry We ought to simultaneously try to most 100 percent of the money that out the intent of the amendment. De- reduce the amount of hurdles, burdens, unions raise helps get out the vote for spite the desire to do so, the language and gauntlets that institutions such as Democrats. That does not seem like a of the amendment, if followed to the corporations and labor unions have to fair process, but that is the way it is. letter of the proposal, or even the spir- presently meet. To add to them, to But that money could only be hard it, creates a tremendously bureaucratic make their involvement even more dif- money to the political parties, mean- nightmare for both corporations and ficult, I don’t think is in anyone’s in- ing they are severely hampered in get- for labor organization. terest, Democrats or Republicans, and ting out the vote. I do not agree that anyone would certainly not in the interest of the No. 2, voter identification. The have an interest to discourage activity American people. unions do that beautifully for Demo- at all. We want to know what is going For those reasons, I frankly urge crats. I do not know of one Republican on. Under current Federal law, labor that the amendment be withdrawn. that a union has worked for to help unions are required to make various But, if it is not going to be withdrawn, identify Republican voters. I am sure records be available and open. The I urge my colleagues with the same ex- there is one or two, but the fact is the records cannot be shielded or hidden. pression that we saw with the previous vast majority—almost 100 percent—of That is in violation of existing Federal Hatch amendment to vote with the their money goes to help Democrats. law. same sense of collective voice on this That is their right. Why aren’t the To suddenly add even more bureau- particular proposal. For those reasons, Democrats scared about what the cratic requirements for every disburse- I urge the rejection of this amendment. McCain-Feingold bill will do to the

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.139 pfrm03 PsN: S21PT1 S2654 CONGRESSIONAL RECORD — SENATE March 21, 2001 Democratic Party? Because the Demo- All my amendment does is require read a report a number of years back— cratic Party does not have to worry disclosure to the union members and I think it was the Congressional Re- about all of this because the unions do corporate shareholders. I am not even search Service, if my recollection it for them? Most of the employees of asking for priority in this area. I am serves me correctly—where they esti- the unions are dues-paid political not asking for any equality with regard mated that the unions spend about a operatives. They are very good, the to all the things the unions do for half billion dollars—that is with a best in the business. I respect them. Democrats that make them not care ‘‘B’’—a half billion dollars every 2 Volunteer registration: The Repub- about the parties not being able to years in local, State, and Federal poli- lican Party has been limited to hard raise soft money. The unions do it all tics. This money is spent on dues-paid dollars—$1,000 a person—in order to get for them, and that is all soft money. political operative activities that out voter registration. The unions do it Now, I had some strong words with never show up in these figures. for the Democrats. And, by the way, my colleague from Massachusetts ear- Let me tell you, I am not against there is not one word in McCain-Fein- lier in this debate, and they were their right to do that. I think they gold to regulate that, or to require the meant in good taste and in good humor should have a right to do that. I re- same requisite on the unions that they as well. But I feel strongly on this spect them. I will fight for their right require on the Republican Party. issue. to do that. The fact that it is all one- The Democratic Party can get by be- This amendment will give ordinary sided, even though 40 percent of union cause the unions will do it for them. workers the opportunity to have a members are Republicans, I can live Even though they have the same rules meaningful voice in how their political with that. But what I cannot live with as the Republican Party, the Repub- contributions are used. I held a union is shutting down the party, the only lican Party does not have a group like card. I understand this. way we can compete, where the unions the union movement doing get out the Organized labor is not a monolithic do all these things for Democrats but vote, voter identification, voter reg- entity, but too often the leadership of nothing for Republicans. The fact is, the Democrats will con- istration, mass mailings, phone banks, these unions act in a monolithic fash- tinue to count on the unions to get out magazine advertisements, newspaper ion when it comes to elections. their vote. But why do we have advertisements, outdoor advertising This amendment tries to level the McCain-Feingold shutting down the and leafleting, polling, volunteer re- playing field for both unions and cor- rights of Republicans to compete to get cruitment and training, and a whole porations. All it requires is disclosure. out the vote, to have voter identifica- Mr. DODD. Will my colleague yield raft of other things, including—— tion, voter registration, mass mailings, Mr. DODD. Will my colleague yield on that point? phone banks, TV advertisements, radio on that point? That is not our fault. Mr. HATCH. Sure. advertisements, magazine advertise- That is your fault. Why don’t you get Mr. DODD. I want to point out, if I ments, newspaper advertisements, out- somebody to organize the voter reg- may, when you talk about the great door advertising and leafleting, poll- advantage that labor has, because it istration and GOTV? ing, volunteer recruitment and train- Mr. HATCH. Wait. The last point I does organize, it does work on voter ing, and full-time political operatives? was making was, and union-salaried, registration, it does work on get out The fact is, this is all done for Demo- full-time political operatives. the vote—— crats. Their party does not have to do You can say that is our fault. Let’s Mr. HATCH. It does all these it. They can live with the hard money assume that is so. The fact is, we do things—— limitation that this bill would impose not have anybody doing that. It is to- Mr. DODD. If I may finish. This is upon them. But the Republican Party tally unregulated. That is the guts of not a liability and it should be ap- would have no soft money. All this is the political process. If we are going to plauded. The fact that corporations do soft money on the unions’ part—all regulate, let’s regulate everybody, not not do that sort of a thing does not working for Democrats, all one sided. just the parties. And the parties them- mean that other organizations should And the Republican Party does not selves ought to be given greater leeway be condemned because they do encour- have the same opportunities. Talk than this bill gives them. age people to participate. about imbalance. The only thing that McCain-Feingold To make one other point regarding Again, let’s go back to what my regulates is the thing that the unions parity, as of October 2000, according to amendment does. My amendment does care about the least; that is, TV adver- the Center for Responsive Politics and not say: Stop that. You members of the tisements and radio advertisements. the Federal Election Commission, the unions are not allowed to do that. It Look, I give a lot of credit to the ratio of ‘‘total’’ contributions from does not say that at all. It does not say Democrats. I give a lot of credit to the corporations versus unions was 15 to 1. you can’t get out the vote for Demo- unions. There is no question that is As of October 2000, corporations had crats, and does not say you can’t do why they won the last election in the contributed more than $841 million dol- voter identification for Democrats. It Senate and had more people elected lars, while unions contributed just over does not say you can’t do voter reg- than Republicans. Because they were $36 million. As of October 2000, the istration for Democrats. It does not getting out the vote like never before. ratio of ‘‘hard money’’ contributions say you can’t do mass mailings or They did voter identification like from corporations versus unions was 14 phone banks or TV advertisements or never before. They did voter registra- to 1. In 1998 and 1996, the ratio was 16 radio advertisements—although for tion. They did mass mailings. And they to 1. Between 1992 and 1998, corporate those two, with the 60-day require- did phone banks. They did TV adver- contributions increased nearly $220 ment, McCain-Feingold does do some- tisements, radio advertisements, maga- million, while union contributions thing; but it is unconstitutional on its zine advertisements, newspaper adver- grew by $12.6 million. No parity in face—it does not say you can’t do mag- tisements, outdoor advertising and these statistics. azine advertisements and newspaper leafleting, polling, volunteer recruit- These ratios and statistics are ac- advertisements and outdoor adver- ment and training, and had union-sala- cording to the Federal Election Com- tising and leafleting and polling, and ried, full-time political operatives all mission. You talk about disparity—16 volunteer recruitment and training. It over this country. That is their right. to 1—every year, I say to my friend does not say you can’t have union-sala- Why do we take all those rights away from Utah. Corporations have massive ried, full-time political operatives—the from the Republican Party? You can’t amounts of money, hard and soft best in the business, all over the coun- just answer by saying that is the Re- money, they are pouring into these try in every State in the Union that publicans’ fault because they are not Federal elections. counts, in every large city that counts. paying the same homage to the unions Mr. HATCH. If I may take back the They can do all of that. that the Democrats do, and I have to floor. I am not arguing against that. All say we are not, in the sense of doing Mr. DODD. Of course you may. It is my amendment says is that they need everything that they want done, be- your time, Senator. to disclose to their members something cause not everything they want done is Mr. HATCH. Nowhere did they count that in this computer age they can do right. these dues-paid political operatives. I without—

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.144 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2655 Mr. DODD. Will my colleague yield? said they didn’t have to do. They are a this amendment is to understand who Mr. HATCH. If I could just finish my legitimate organization. I am not ask- is doing what with what funds to en- comments, something that they can do ing the unions to disclose their mem- gage in political activity during elec- in this computer age without an awful bership lists either, nor am I asking tion cycles, then clearly a lot of the lot of difficulty, and something I be- corporations to disclose their share- other membership groups that raise lieve the corporate world can do with- holder lists, although anybody who and spend tremendous amounts of out an awful lot of difficulty is provide looks at a corporate filing can figure money—two were mentioned, the NRA, disclosure. Tell me what is wrong with that out. the Sierra Club, you can add the Cham- disclosure. To me, that is the only If disclosure requirements applied bers of Commerce, National Right to thing that will make our process more equally to the Sierra Club, to NARAL, Work Foundation, other groups across fair, more honest, more decent. Disclo- and to other groups, disclosure might the political spectrum—— sure helps everyone equally to know not be a bad thing for all of them. I Mr. HATCH. Does the Senator have a how their money is spent. I believe would not be pushing for disclosure of question because I think I have the that everyone should be entitled to members in nonprofit foundations be- right to the floor. know what political speech they are cause the Supreme Court has already Mrs. CLINTON. My question would supporting. Disclosure is what honesty ruled on that. But now we are talking be: In response to the discussion be- and fairness in politics is all about. about real players in the political proc- tween the Senators on this issue, how Why would anyone fight against disclo- ess, not peripheral organizations. The can we impose undue burdens on only sure? fact is, many members of the NRA are unions as compared to corporations Fairness is all I am asking for. I am Democrats. They are just offended by and completely leave out of the Sen- not asking to stop any of this. It has some of the phony demagoging that ator’s concerns all of these membership been admitted basically that unions do has been done about guns through the groups that raise tremendous amounts the work for the Democratic Party. years. They are tough on crime. That of money, are on the front lines of our Mr. DODD. Will the Senator yield? is another debate. political campaigns, have a direct in- Mr. HATCH. They basically help the With regard to the right-to-life com- fluence on how voters vote, and yet are Democratic Party, and they will con- munity, I have to admit that they sup- in no way covered by the Senator’s tinue to have the right to. port both sides, but they support peo- amendment? Mr. DODD. Should we have with all ple who are pro-life, just as the pro- Mr. HATCH. Let me answer the ques- these independent 501(c)(4)s, the Na- choice groups support the people who tion. The fact is, we are equal with re- tional Right to Life groups, the Chris- are pro-choice on both sides. gard to both corporations and unions. tian Coalition, the National Rifle Asso- Mrs. CLINTON. Will the Senator We don’t include any ideological ciation, should there be full disclosure yield on this point? groups because when you give to the of every member, including all their Mr. HATCH. I am happy to. Sierra Club, you know the causes they disbursements, contributions, and ex- Mrs. CLINTON. My good friend from advocate. You have a right to give. You penditures? Does my colleague support Connecticut raised an issue that trou- are not forced or compelled to con- that? bles me about this proposed amend- tribute to these organizations. But Mr. HATCH. You can’t compare those ment that the distinguished Senator when people join unions or are forced to the unions. from Utah has put forth. to join unions because of the laws that Mr. DODD. Would you agree? In addition to the issues that Senator we have, they are forced to pay fees to Mr. HATCH. I would like to answer. KENNEDY and Senator DODD have raised unions. Most of the union members The National Rifle Association is made about the vagueness and definitional probably don’t know what the union up primarily of blue-collar Democrats. concerns raised in the amendment, this dues are used for, especially with re- In all honesty, that is why there hasn’t particular issue is the real heart of the gard to politics or things such as an ef- been a lot of mouthing about parity problem that many of us have fort in 1996 to legalize marijuana in gunslinging because Al Gore found in with this amendment. California, for instance. The Teamsters the last election that he had offended It reminds me of the old Anatole contributed $195,000 to that effort in an awful lot of Democrats. I think that France saying: The law is fair; neither union dues to support that effort. How is why he lost West Virginia. the rich nor the poor can sleep under many working families want their Mr. DODD. Should we have full dis- the bridge. What we have is an amend- hard-earned money to be used for mari- closure? ment that in its practice not only juana legalization? I think that they Mr. HATCH. Not of members, but would fall disproportionately on unions have a right to know this kind of infor- only of expenditures. as compared to corporations but which, mation. Mr. DODD. Why not of members? under the rationale put forward by it, Disclosing expenditures is constitu- Mr. HATCH. Because then you get completely leaves out other member- tionally different from disclosing con- into the NAACP, and we have already ship groups, as the Senator from Con- tributors to ideological groups which had the Supreme Court say that is un- necticut so rightly points out. the Supreme Court has said we should constitutional. The burdensome reporting require- not do. Disclosing expenditures does Mr. DODD. Should we know who are ments that are imposed under this not implicate free association. It is im- making the contributions to these or- amendment on unions in particular are portant to differentiate between ex- ganizations that are out every day with really much more difficult to comply penditures and contributors. The dif- such activities as get out the vote, with than if they would be in a cor- ference is, union members are forced to voter registration, voter information, poration. As I understand the amend- pay dues. and mailings? You talk about full dis- ment, corporations would be required Mr. DODD. If my colleague will yield, closure, why not full disclosure on to report only on expenditures from we disagree so fundamentally on that. these organizations? their own general treasuries and from Mr. HATCH. Let me restate that. Mr. HATCH. The Supreme Court has the general treasuries of their subsidi- Mr. DODD. That is not true. ruled in cases that you cannot require aries. However, unions would be re- Mr. HATCH. It is true in nonright-to- disclosure of membership lists. I don’t quired to report on the expenditures work States. People are forced to join personally have much problem with from all of their affiliates, which would the union and forced to pay dues. They disclosure of moneys that have been mean that a local union would be re- don’t have to stay in the union, I agree. put into the process, but not the quired to report on expenditures by a They can quit if they give up their names. national union, and vice versa, even jobs. Mr. DODD. Are we going to keep that though neither of them had either ac- Mr. DODD. Nor are they required to secret? cess or control to the financial records contribute union dues. Under those 29 Mr. HATCH. The main case was the of the other. States, that is not the case with re- NAACP where one of the Southern This point we heard about from Sen- spect to the contribution of union dues. States tried to get them to disclose ator DODD is particularly important. If Mr. HATCH. In right-to-work States, their membership list and the Court the point we are trying to get at with that is not the case.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.146 pfrm03 PsN: S21PT1 S2656 CONGRESSIONAL RECORD — SENATE March 21, 2001 Mr. DODD. They get the benefits of would require disclosure in the cor- Army and our Nation professionally, the collective bargaining agreements porate world, too—disclose what the capably and admirably. Through his even though they are not members per money is used for regarding politics. personal style of leadership, he has had se. They all get the same benefits. With that, I yield the floor. a positive impact on the lives of not Mr. HATCH. That is another argu- The PRESIDING OFFICER. Who only the soldiers who have served ment for another day. The fact is, I yields time? under him, but of the families of these don’t think anybody in their right Mr. HATCH. Mr. President, I suggest soldiers, as well as the civilian employ- mind is going to say that people are the absence of a quorum. ees of the Army who have worked with not compelled to pay union dues in The PRESIDING OFFICER. The and under this officer. I am sure that nonright-to-work States, if they want clerk will call the roll. all of those in the Senate who have The assistant legislative clerk pro- the job and they want to work in a worked with Colonel Shatzer join me ceeded to call the roll. union business. It is that simple. No- today in wishing both he and his wife, Mr. MCCONNELL. Mr. President, I body doubts that. I don’t have any Annie, health, happiness, and success ask unanimous consent that the order problem with that. That is the way the in the years ahead. for the quorum call be rescinded. law is. But to say they can spend 100 The PRESIDING OFFICER. Without f percent of the money for only one objection, it is so ordered. party and not disclose it seems to me BUDGET COMMITTEE MARKUP to be a bad process, especially when f Democrats have suggested: Well, if you MORNING BUSINESS Mr. NELSON of Florida. Mr. Presi- dent, it is a great privilege for me to be don’t make the corporations disclose, Mr. MCCONNELL. Mr. President, I why should you make the unions? I am a new Member of the Senate, and it is ask unanimous consent that there now a great privilege for me to be assigned saying let’s make both of them dis- be a period for the transaction of rou- close. Let’s be fair so there is no imbal- to the Budget Committee. It is with a tine morning business with Senators heavy heart that I have just learned ance. permitted to speak therein for up to 10 The imbalance is in the fact that the that it is the intention of the chair- minutes each. man, the distinguished Senator from only two things the unions don’t care The PRESIDING OFFICER. Without New Mexico, for whom I have the high- about are TV advertisements and radio objection, it is so ordered. est regard, not to have a markup in the advertisements. They can do all these f other things: Get out the vote, voter Budget Committee and rather bring a identification, voter registration, mass RETIREMENT OF COLONEL WILSON chairman’s mark under the lawful pro- mailings, phone banks, TV advertise- A. ‘‘BUD’’ SHATZER cedures of the Budget Act straight to ment, radio advertisements, magazine Mr. THURMOND. Mr. President, I the floor. advertisements, newspaper advertise- rise today to pay tribute to Colonel I am compelled to rise to express my ments, outdoor advertising, leafleting, Wilson A. ‘‘Bud’’ Shatzer, who after objection, for that is what a legislative polling, volunteer recruitment and thirty-one years of dedicated service to body is all about in the warp and woof training, and most of their employees the nation and the military, will retire and crosscurrents of ideas for Members are union salaried, full-time political from the United States Army on April to hammer out legislation, particularly operatives, all working for one party, 1, 2001. on something as important as adopting and at the same time this McCain- Colonel Shatzer’s career began fol- a budget. Feingold bill limits the Republican lowing his graduation from Eastern We first started adopting budgets Party, which has no outside organiza- Washington University in 1970 when he pursuant to the Budget Act passed in tion doing this. It limits hard dollars was commissioned a Second Lieutenant the 1970s because Congress had dif- to no more than $1,000 per contributor. in the Armor Branch. Over the past ficulty containing its voracious appe- Talk about imbalance. In other words, three decades, his assignments have in- tite to continue to spend. Thus, the the two groups that you would hope cluded a variety of both command and Budget Act was adopted in which Con- would be fully in the political process— staff positions, and throughout his gress would adopt a blueprint, an over- the two political parties—are the ones military career, Colonel Shatzer con- all skeletal structure, for expenditures that are left out, while we ignore all sistently distinguished himself in all and for revenues that would be the this other stuff. his assignments. Furthermore, whether model after which all of the various Talk about imbalance. The McCain- a newly commissioned Second Lieuten- committees, both appropriations and Feingold bill is imbalanced. What is ant or a seasoned Colonel, this officer authorizing committees, would then even worse, in my eyes, is that the one always demonstrated one of the most come in and flesh out the skeletal thing they impose on unions and others important qualities an officer should structure of the budget adopted. is TV advertisements and radio adver- possess, a deep-seated concern for his How important this budgetary debate tisements within 30 to 60 days of the soldiers regardless of their rank. As a is this year for the questions in front of primary and general elections. Think leader and teacher Colonel Shatzer the Congress. Such things as: How about that. That says they don’t have proved himself to be a willing mentor large is the tax cut going to be, par- the right to speak during that time of young officers and enlisted men, and ticularly measured against, juxtaposed which, under Buckley v. Valeo, shows in the process, he helped to shape the against, how large the surplus is that that directly violative of the first successful careers of soldiers through- we are expecting over the next 10 amendment. Here we have the media out the Army. years. That, of course, is a very iffy and everybody else arguing for this. Many of us came to know Colonel projection. We have seen, if history My amendment does one thing. It Shatzer during his five-year tour as Ex- serves us well, that, in fact, we don’t doesn’t stop the unions from doing ecutive Officer, Army Legislative Liai- know beyond a year, 2 years at the this. It doesn’t say you are bad people, son. His professionalism, mature judg- most, with any kind of degree of accu- you should not do this. It says you ment, and sound advice earned him the racy, if we can forecast what the sur- need to disclose what you are doing so respect and confidence of members of pluses or the deficits are going to be in that all members of the union know the Army Secretariat and the Army future years. what political ideologies they are sup- Staff. While dealing with Members of So the budget debate brings the cen- porting with their dues. That includes Congress and Congressional staff, the tral question of how large should the 40 percent of them who are basically Department of Defense, and the Joint tax cut be counterbalanced against Republicans and whose moneys are all Staff, Colonel Shatzer’s abilities as an how much of the revenues and the sur- going to elect Democrats, people who officer, analyst and advisor were of plus do we think will be there over the are basically contrary to their philo- benefit to the Army and to those with course of the next decade. That, then, sophical and political viewpoints. whom he worked in the Legislative leads us, once we know that, to be able All I ask is that there be disclosure. Branch. to decide how much we will appropriate But to even it up, since the Democrats For the past thirty-one years, Colo- for other needed expenditures for the have raised this time and again, I nel Shatzer has selflessly served the good of the United States.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.149 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2657 Most everyone in this Chamber William has been much-anticipated and in Uganda. Uganda is a country of agrees there ought to be a moderniza- has held a place in the hearts of his great promise; in the past year I and tion of Medicare with a prescription parents and family for many months many of my colleagues have come to drug benefit. Most everyone in this now as they have awaited his arrival. this floor to praise the Ugandan Gov- Chamber agrees there should be addi- As the father of five myself, I know ernment and the Ugandan people for tional investment in education, and that Will and Alyssa are in for a most their energetic and effective fight there is a bipartisan bill that is begin- remarkable, frustrating, rewarding, against the AIDS pandemic. In recent ning to work its way through the legis- and exciting experience of their lives. years, the economy has enjoyed mod- lative process on increased investment William Blue will make certain of that. erate economic growth. Most strik- in education and accountability. Most Our best wishes go out to the Hollier ingly, even given the persistence of everyone in this Chamber agrees we family on this most auspicious occa- brutality like that embodied by the have to pay our young men and women sion. Lord’s Resistance Army, there can be no mistaking that Uganda has come a in the Armed Forces of this country f more of a comparable wage in competi- long way from the dark days when Idi tion with the private sector in order to CHILDREN AND HEALTHCARE Amin and Milton Obote terrorized their have the kind of skill and talent we WEEK citizens. This progress toward stability need in today’s all-volunteer Armed Mr. HOLLINGS. Mr. President, each and an improvement in the quality of Forces. day, many of our Nation’s children face life enjoyed by Ugandans has been Most people in this body would agree illnesses that require a doctor’s office cause for celebration, and legitimately we have to have certain expenditures or hospital visit. This can be fright- so. with regard to health care, planning ening for both the child and his or her But the latest trends from Uganda for the end game, encouraging addi- family, and underscores the need to are alarming. In particular, the days tional long-term insurance, equalizing continue providing quality, caring pe- leading up to the March 12 presidential the tax subsidies for health insurance diatric health services. This week in elections revealed a disturbing willing- now from a large employer to a small Greenville, SC, The Children’s Hospital ness on the part of the ruling party to employer, or to an individual em- of The Greenville Hospital System is retain power through intimidation. Ac- ployer, or to an individual. celebrating Children and Healthcare cording to observers, the opposition There are a number of items on Week with a number of valuable activi- was threatened with violence and ar- which there is consensus that is built ties for health care professionals, par- rests from state security forces on this side of the Capitol where we ents and community partners. Among throughout the campaign. Reports in- should go with regard to expenditures the events are continuing education dicate that, in some cases, opposition in the future while controlling our fis- classes for medical residents and sup- supporters also resorted to violent tac- cal appetite. port staff as well as an awards cere- tics. While most observers agree that That brings me back to the budget mony to honor local individuals who outcome of the vote would probably resolution, for it is the very essence of have dedicated their lives to pediatric not have been different had the elec- adopting a budget resolution that we care. tion not been marred in this manner, should have as our watchwords ‘‘fiscal Children and Healthcare Week high- there can be no question that Uganda discipline.’’ That is why we need to lights educational programming to in- has been proven to be less democratic have a full and fair discussion of all the crease public, parental and professional and less stable by these recent events, issues in adopting a budget resolution. knowledge of the improvements that and the security of individual Ugan- That is why we ought to mark it up can be made in pediatric health care. dans wishing to exercise basic civil and and have that discussion first in the In particular, it stresses new ways to political rights is not assured. It is unquestionably true that many committee. meet the emotional and developmental positive developments have unfolded in I wrap up by saying of all the debates needs of children in health care set- Uganda over the years that President that will take place this year, the de- tings. Lack of quality health care Museveni has been in office. But Ugan- bate on how we will allocate the re- should never be an impediment to the da’s success is not about Mr. Museveni. sources with regard to the budget of long-term success of our nation’s chil- Institutions, not individuals, are the the United States is one of the most dren and I commend Greenville’s dedi- backbone of lasting political stability important. It ought to have a full and cation to Children and Healthcare and development. And the movement fair and thorough discussion. Week. f system currently in effect in Uganda, f always dubious, increasingly looks like THE BIRTH OF WILLIAM BLUE a single-party system by another HOLLIER 45th ANNIVERSARY OF TUNISIA’S INDEPENDENCE name. Its defenders will point to last Mr. CRAPO. Mr. President, I rise year’s referendum on this so-called today to announce the birth of a fine Mr. COCHRAN. Mr. President, I con- ‘‘no-party’’ system and claim that it is young man, William Blue Hollier. Wil- gratulate Tunisia on the occasion of the will of the people. But the deck was liam was born on Monday, March 5th, her 45th year of independence. clearly stacked against multipartyism making him a couple of weeks old Tunisia is a constitutional democ- in last year’s referendum on the move- today. He is the first child of Will and racy striving to create a more open po- ment system—state-sponsored political Alyssa Hollier. Will serves as my Ad- litical society, diversify its economy, education courses were used to mobi- ministrative Assistant and has been an attract foreign investment, and im- lize support for the Movement, and the invaluable part of my staff for over 8 prove its diplomatic ties with both the opposition boycotted the vote. years. I’m happy to report that mother, European Union and United States. Today, in the wake of the presi- father, and baby are doing well, al- I am pleased to be a member of the dential election and after long months though Will and Alyssa are probably Hannibal Club USA whose mission is to of Uganda’s involvement in the Demo- getting used to fewer hours of sleep. improve the political and economic cratic Republic of the Congo—an ad- Young William is the grandson of ties between the United States and Tu- venture that, while perhaps profitable Charles and Judy Hollier of Lafayette, nisia. I am hopeful that a mutually for the few, is clearly unpopular with LA; Judy Myers of New Orleans; and beneficial relationship between our two the Ugandan people—today, those of us Bob and Cheri Knorr of Sawyer, ND. countries will continue to grow in the who genuinely wish to see Uganda con- His great-grandparents, Henry and years ahead. solidate the successes of the past and Mary Myers of Opelousas, LA; Art f make even more progress in the years Odegard of Minot, ND; and Walt Knorr ahead are profoundly troubled. of Devil’s Lake, ND, also join me in ELECTIONS IN UGANDA Some in Central Africa believe that welcoming this baby. Mr. FEINGOLD. Mr. President, I rise the U.S. turns a blind eye to the short- It is always a joyous event to bring a today to express my serious concern comings of the government in Kam- new family member into the world. about the recent presidential elections pala. I certainly hope that is not the

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.044 pfrm03 PsN: S21PT1 S2658 CONGRESSIONAL RECORD — SENATE March 21, 2001 case, because that is not in the inter- EVERYBODY WINS! I know we can turn those numbers around. With caring Americans like you, we will turn ests of the U.S. or the Ugandan people. Mr. KENNEDY. Mr. President, Ev- I have recently had cause to reflect on those numbers around. erybody Wins! is an innovative literacy George’s defining commitment to children the damage done by years of U.S. sup- improvement program that pairs is a quality education. His budget includes $5 port for undemocratic and sometimes adults with children for one hour a billion over the next five years for reading violently repressive regimes elsewhere week to share lunch, a good book and initiatives. Through his Reading First pro- on the continent. We do no one any fa- friendship. The U.S. Senate launched gram, he wants to give states and schools the vors when we fail to tell it like it is, Everybody Wins! at the Brent Elemen- funding and tools to implement sound read- when we look away from blatantly un- tary School in 1995. Today, this pro- ing programs in Kindergarten through sec- ond grade. democratic acts because we so des- gram serves 4,500 children in the Wash- perately want to encourage countries While government does its part, it’s up to ington area. us as parents and citizens to help children that hold great promise. It is precisely Last night, I had the honor of attend- read and succeed in life. Children need more because Uganda has made such pre- ing a reception to celebrate the Every- than a program; they need a voice. They cious gains that I am troubled, for body Wins! program. I was joined by need strong role models to put loving arms these gains will surely be wasted if the my colleague Senator JIM JEFFORDS around them and read to them. You recog- staying power of the current regime be- who I commend for his leadership in nize that need. I’m proud you are lending your voice and a hand to Everybody Wins. comes the utmost priority of the gov- making the Everybody Wins! program ernment. Please continue supporting this worthy en- such a success in the U.S. Senate, and deavor. Because of you, Everybody does win. f Art Tannenbaum, the visionary behind Thanks to the Senators for demonstrating this wonderful program. your commitment to children and sharing SILVER RIBBON CAMPAIGN I was especially honored to join First your common love of reading. Reading is Lady Laura Bush at last evening’s common ground for all of us. Thank you all Mr. ENZI. Mr. President, I rise today so much. to recognize and honor a campaign to event. Mrs. Bush’s passion for reading f raise disability awareness that origi- and strong commitment to early lit- nated in my State of Wyoming. I am eracy touched the lives of thousand of COMMEMORATING THE 10TH ANNI- very proud of the mission behind this families in Texas, and it is clear from VERSARY OF THE PERSIAN effort that, in 3 short years, has gained last night that she brings that same GULF WAR steam nationally and internationally. commitment to children all across the Mr. JEFFORDS. Mr. President, today Known as the Silver Ribbon Cam- country. I wish to add my voice to the many I was deeply moved by her remarks paign, this effort to honor disability who have come before the Senate to last night and her real passion for chil- awareness month, March, was begun by honor the brave men and women who dren and their needs, and I believe my the Natrona County School District #1 served our nation so honorably in the colleagues would appreciate her Student Support Services and the Par- Persian Gulf War. March 3, 2001 marked thoughtful statement as well. ent Resource Center. The campaign has the tenth anniversary of the end of the Mr. President, I ask unanimous con- generated significant activity among Persian Gulf War. I pay special tribute sent to print Mrs. Bush’s remarks from local officials and is responsible for a to the families of those who gave their last evening into the RECORD. variety of training, educational and lives in this effort. There being no objection, the mate- interactive activities related to raising I would like to draw my colleagues rial was ordered to be printed in the disability awareness in the broader attention to an important event that RECORD, as follows: community. In addition to engaging will be taking place this Sunday, local officials and the general public, FIRST LADY LAURA BUSH’S REMARKS, March 25th, 2001, in Manchester, NH. A EVERYBODY WINS! EVENT, MARCH 20, 2001 the campaign has worked successfully group of dedicated Americans is gath- with the business community and nu- Thank you very much, Dr. Billington. ering to observe the 10th anniversary First I want to thank Lisa Vise. merous media outlets to ensure a di- Lisa, you are a remarkable girl. You re- of the Persian Gulf war, to honor those verse yet unified front in heightening mind us that one person’s work can make a who served, and to evaluate the fulfill- awareness about the reality of living difference in a lot of other people’s lives. ment of our promise to care for those with a disability. Senator Jeffords, Senator Kennedy, Mr. who suffered as a result of their serv- I am particularly proud of the cam- Chabraja, Mr. Cole, Mr. Woodward, distin- ice. A driving force behind this event is paign’s special effort to include activi- guished guests, I’m pleased to be with you the New England Persian Gulf Vet- ties targeted towards raising awareness tonight. erans Inc., NEPGV, and its dynamic Everybody Wins is the largest children’s among children. Not only will the pub- literacy and mentoring organization in the founders, David and Patricia Irish. lic library host a reading hour on dis- District because you understand the value of Since the NEPGV’s inception in 1996, ability awareness, with awareness spending quality time reading to children. David and Trish have worked tirelessly bookmarks available for the public, I am fortunate because someone spent time to promote the issues and challenges of but public school buses and other pub- reading to me as a child—my mother. Gulf War Veterans in New England and lic transportation will display the cam- Thanks to her I developed a lifelong passion beyond. I want to publicly thank them paign’s trademark silver ribbon during for reading, and I grew up to become a teach- for their efforts and let them know the month of March. er. As much as I loved being read to as a child, I love reading to children even more. that I will be with them in spirit on The campaign has issued the silver The Everybody Wins volunteers will agree the 25th of March. ribbon as a pin, and since its inception reading together has tremendous results. This is an appropriate time to re- in 1998, more than 250,00 pins, along Children who are read to by an adult learn member the outstanding job our serv- with thousands of balloons and dis- two things: First, that reading is worth- ice men and women did in liberating plays, have been used to raise aware- while, and second, that they are worthwhile. Kuwait from occupation. Together ness around the State of Wyoming. As Reading is the foundation of all learning. with our allies, this action stated that I mentioned before, similar activities Children must have good reading skills to in the post Cold War world, the succeed in every subject in school. Those are being duplicated nationwide. who do not read well by the end of the third unprovoked conquest of one’s neigh- I am honored but not surprised to grade often have a difficult time catching bors would not be tolerated. The un- once again have the opportunity to up. Sadly, thousands of children can’t read precedented coalition of twenty six na- highlight a community-based effort in- well in America. tions rolled back a tyrannical dictator vented in Wyoming that other commu- According to a 1998 study, 68 percent of and a military ill prepared for the de- nities are modeling. I hope hearing me fourth-graders in our nation’s lowest-income termination of the United States and today will encourage my colleagues to schools were unable to read at even a very its allies, nor the might and profes- introduce their own State to the Silver basic level. sionalism of the soldiers involved. In We may grow numb to statistics, but we Ribbon Campaign and further raise dis- cannot grow numb to our children. That so the face of the poor performance of old ability awareness in this country. This many children can’t read is a clear indica- Soviet equipment, the Gulf War firmly is a critical effort that every commu- tion of a fundamental failure of adult respon- established the military superiority of nity should embrace. sibility for children’s lives and futures. the United States and confirmed our

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.041 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2659 status as the world’s lone superpower. THE VERY BAD DEBT BOXSCORE Des Moines University Osteopathic Our willingness to work together with Mr. HELMS. Mr. President, at the Medical Center College of Osteopathic our friends in the Arab world set a new close of business yesterday, Tuesday, Medicine and Surgery; and tone in the region and ushered in a new March 20, 2001, the Federal debt stood Whereas, Dr. Plundo has been an offi- era of respect for international co- at $5,732,596,852,845.50, five trillion, cer and trustee of the Pennsylvania Os- operation. seven hundred thirty-two billion, five teopathic Medical Association, a dele- gate to the American Osteopathic As- The Gulf War coalition also laid a hundred ninety-six million, eight hun- sociation and a community leader in foundation for a remarkable United dred fifty-two thousand, eight hundred the field of family medicine; and Nations operation that for the first forty-five dollars and fifty cents. Whereas, he has distinguished him- time, aggressively sought to identify One year ago, March 20, 2000, the Fed- self as a dedicated physician who con- and destroy any potential capability eral debt stood at $5,728,254,000,000, five trillion, seven hundred twenty-eight tinues the osteopathic tradition of as- for development of weapons of mass de- suring exemplary family medicine; struction or manufacture of chemical billion, two hundred fifty-four million. Five years ago, March 20, 1996, the Now, therefore, I congratulate Gary or biological agents. While UNSCOM P. Plundo, D.O., M.P.M., on his instal- had a very difficult time carrying out Federal debt stood at $5,059,798,000,000, five trillion, fifty-nine billion, seven lation as the 87th President of the its mission and was eventually forced Pennsylvania Osteopathic Medical As- to leave Iraq, the world community hundred ninety-eight million. Ten years ago, March 20, 1991, the sociation, and wish him the best for a learned a great deal from the experi- successful and rewarding tenure.∑ ence, and set any potential future pro- Federal debt stood at $3,448,161,000,000, liferations on notice that these types three trillion, four hundred forty-eight f of actions will not be tolerated. billion, one hundred sixty-one million. RECOGNIZING AIR FORCE CAPTAIN Fifteen years ago, March 20, 1986, the GLEN CHRISTENSEN While peace process in the Middle Federal debt stood at $1,982,276,000,000, ∑ Mr. CONRAD. Mr. President, today I East is at a low ebb right now, it is also one trillion, nine hundred eighty-two would like to recognize the achieve- appropriate that we remember how the billion, two hundred seventy-six mil- ments of Air Force Captain Glen Gulf War was a critical catalyst for the lion, which reflects a debt increase of Christensen. Oslo Peace Agreement between Israel almost $4 trillion—$3,940,320,852,845.50, Captain Glen Christensen was named and the Palestinians, the cornerstone three trillion, nine hundred forty bil- 21st Air Force Company Grade Officer for the wave of peace that swept the re- lion, three hundred twenty million, for 2000. In the selection for this award, gion during the 1990s. While subsequent eight hundred fifty-two thousand, eight Glen was in competition with Wing agreements have been shattered by the hundred forty-five dollars and fifty Company Grade Officers from seven recent violence, all sides still stand by cents, during the past 15 years. Oslo, as do the moderate Arab nations other Air Force Bases including f who continue to insist that the risks Robbus AFB, GA, MacDill AFB, FL, they have taken for peace are worth it. ADDITIONAL STATEMENTS Pope AFB, NC, Charleston AFB, SC, Had it not been for US leadership and Little Rock AFB, AK, McGuire AFB, the success of the Gulf War, this would NJ, and Dover AFB, DE. Candidates for IN HONOR OF GARY P. PLUNDO, not be the case. the awards were evaluated in five cat- D.O. egories which include: duty achieve- As a senior member of the Senate ∑ Mr. SANTORUM. Mr. President, I ment; self improvement; off-duty ac- Veterans Affairs Committee, I take stand before you today to recognize complishments; other leadership ac- very seriously my obligation to address Gary P. Plundo, D.O., M.P.M. from complishments, and positive represen- the needs of all our Veterans. Although Greensburg, PA who will be installed tation of the U.S. Air Force. it has been 10 years since this decisive as the 87th president of the Pennsyl- Three weeks prior, Captain victory in the Persian Gulf, servicemen vania Osteopathic Medical Association, Christensen had been selected Com- and women continue to step forward POMA during their 93rd Clinical As- pany Grade Officer of the Year for the with symptoms of illnesses and disease sembly in Philadelphia this May. 89th Security Forces Squadron at An- likely attributable to serving in South- Dr. Plundo has been an outstanding drews Air Force Base, MD, and then for west Asia during the war. This was member of the medical profession the 89th Support Group, and finally for brought home to me by the death of a through his many years of service to the 89th Airlift Wing at Andrews. He friend of my son Leonard, John Clark, the people of Greensburg, PA. He has won the squadron and group competi- Jr. A Gulf War veteran, John was served in many capacities throughout tion for the second consecutive year. stricken with colon cancer at age 31, his tenure to improve the health of the At the group level, he represented Se- two short years after his return home people of this community. Both profes- curity Forces and competed with se- from the Gulf. John’s case is similar to sionally and as a volunteer, Dr. Plundo lectees from Mission Support, Services other service members coming back has used his expertise to help the lives and Civil Engineering squadrons. At from the Gulf War. John passed away of others. As he becomes the next the Wing level, Christensen competed in 1996. For John and his family, as for president of POMA, I am confident that with five other group winners from many veterans, the war continues well his leadership will take the organiza- among 454 company grade officers in after they have taken off their uni- tion to new heights. all groups. In addition to Security forms and returned to life as civilians. In recognition of his accomplish- Forces, which Glen represented, group I will continue to work to insure that ments and installation as president of winners came from Logistics, Medical, Gulf War veterans obtain access to VA POMA, I would like to submit the fol- Operations, and Communications health benefits and that meaningful re- lowing proclamation in his honor: groups and from the Wing Com- search continues to determine treat- Whereas, Gary P. Plundo, D.O., mander’s staff. ment for these troubling medical prob- M.P.M., will be installed on May 4, While second in command of the lems. Our Gulf War veterans, having 2001, as president of the Pennsylvania third largest Security Forces unit in served in Active, Reserve and National Osteopathic Medical Association, the the Air Force, Captain Christensen or- Guard units, must know that we here state organization that represents over ganized and directed security at An- in Washington will continue to fight 3,500 licensed osteopathic physicians, drews AFB for the NATO 50th Anniver- for them as they fought for us. over 440 interns, residents and fellows, sary Summit, two Joint Services Open Once again, I remember, commemo- and 1,000 osteopathic medical students House Air Shows, and the recent Presi- rate and congratulate the members of at the Philadelphia College of Osteo- dential Inauguration, in addition to ev- our Armed Forces who served with dis- pathic Medicine and 550 at the Lake eryday base law enforcement and secu- tinction during the Gulf War. I sin- Erie College of Osteopathic Medicine; rity for the ‘‘President’s base’’ and cerely thank them for their service to and ‘‘Air Force One.’’ our country on this, the tenth anniver- Whereas, Dr. Plundo is a graduate of Glen graduated in 1993 from the sary of this victory. the University of Pittsburgh and the United States Air Force Academy with

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.092 pfrm03 PsN: S21PT1 S2660 CONGRESSIONAL RECORD — SENATE March 21, 2001 Military Distinction. He is the son of La Salle Academy of Providence, RI MESSAGE FROM THE HOUSE Everett and Sybil Christensen of whose football team became State At 3:02 p.m., a message from the Madelia, MN. Champions for the year 2000. House of Representatives, delivered by Mr. President, I offer my congratula- In 1871, the de La Salle Christian Mr. Hays, one of its reading clerks, an- tions to Captain Christensen and his Brothers came to Rhode Island to nounced that the House has agreed to family on this award.∑ teach at the ‘‘Brothers’’ school. In 1876, the following concurrent resolution, in f that school became an academy and was named La Salle, after the Chris- which it requests the concurrence of RETIREMENT OF STEPHAN tian Brothers founder, Saint John the Senate: LEONOUDAKIS Baptiste de La Salle. Since its opening H. Con. Res. 41. Concurrent resolution ex- ∑ Mrs. BOXER. Mr. President, it is a 125 years ago, La Salle has offered its pressing sympathy for the victims of the pleasure to take this opportunity to students a rigorous, value-based edu- devastating earthquakes that struck El Sal- vador on January 13, 2001, and February 13, draw the Senate’s attention to the ca- cation. The Brothers’ approach to com- 2001, and supporting ongoing aid efforts. reer of Stephen C. Leonoudakis. prehensive student development has Stephan was Director of the Golden been evident not only in their aca- The message also announced that Gate Bridge, Highway and Transpor- demic excellence, but in the successes pursuant to Public Law 106–292 (36 tation District from 1962 until his re- of their clubs and athletic teams as U.S.C. 2301), the Speaker appoints the tirement this past January. Even by well. following Members of the House of Rep- the standards set by some members of The athletic department at La Salle resentatives to the United States Holo- this chamber, this is a long time. He has a strong commitment to instilling caust Memorial Council: Mr. GILMAN, served continuously in the same posi- leadership, sportsmanship, and a Mr. LATOURETTE, and Mr. CANNON. tion for 38 years. Over the course of healthy approach to athletic competi- The message further announced that this time, he became nearly as integral tion. Since its founding in 1908, the La pursuant to section 5(b) of Public Law to the Bridge District as the famous Salle football program has been one of 93–642 (20 U.S.C. 2004(b)), the Speaker span for which it was named. There are the most successful in the state. Leg- appoints the following Members of the few who remember a time when he was endary Coach Jack Cronin guided the House of Representatives to the Board not Director. The question is not Rams to 274 wins during his 44 years of Trustees of the Harry S Truman whether he will be missed, but what tenure from 1928 to 1972. In the 1940’s Scholarship Foundation: Mrs. EMERSON will we do without him? and 1950’s, La Salle played before some of Missouri and Mr. SKELTON of Mis- Stretching from San Francisco to of the largest crowds ever to see a souri. Marin County across the opening to game in Rhode Island, including 25,000 The message also announced that San Francisco Bay, the Golden Gate in 1945, 40,000 in 1947, and 10,000 in 1955. pursuant to 22 U.S.C.. 276d, the Speaker Bridge is one of the most identifiable In the 1970’s and 1980’s, the La Salle appoints the following Member of the landmarks in the world. People flock football team won ten Division A ti- House of Representatives to the Can- to the bridge from around the globe, tles. ada-United States Interparliamentary often braving the chilly mid-summer La Salle also participates in the old- Group: Mr. HOUGHTON of New York, fog to catch a breathtaking glimpse of est sports rivalry in the state. For sev- Chairman. the city to the east, the seemingly end- enty-one years, La Salle and East The message further announced that less Pacific Ocean to the west, the Bay Providence High School have met tra- pursuant to section 5(a) of the Abra- directly below and the graceful struc- ditionally on Thanksgiving Day. Up ham Lincoln Bicentennial Commission ture itself above and around. It is a until this past year, the series had been Act (36 U.S.C. 101 note), the Speaker truly enchanted place. tied, but with La Salle’s victory they appoints the following Member of the But, as the name implies, the Golden now proudly lead that series 35–34, with House of Representatives to the Abra- Gate Bridge, Highway and Transpor- two ties. ham Lincoln Bicentennial Commission: tation District is more than just a Through the leadership of Tim Coen, Mr. LAHOOD of Illinois. bridge with a million dollar view. It is first year Coach of the La Salle Rams, The message also announced that a full-service transportation district and Team Captains Toyin Barnisile, pursuant to section 5(a) of the Abra- complete with buses, ferries, bicycles, Joe Ben, Howie Brown, David Regus, ham Lincoln Bicentennial Commission pedestrians, staffmembers and all the and Jon-Erik Schneiderhan, La Salle Act (Public Law 106–173), the Minority maintenance and other administrative can boast its first Super Bowl Division Leader appoints the following indi- challenges that come with them. This Championship. After winning only four vidual to the Abraham Lincoln Bicen- is where Stephan really shined. Over of nine league games in the previous tennial Commission: Mr. PHELPS of Il- his tenure, he participated in trans- year, the Rams completed the regular linois. forming the Bridge District from an season with an impressive 9–0 record, agency that essentially looked after a including a win over Thanksgiving f beautiful landmark into an organiza- rival and two-time defending state MEASURES REFERERD tion which operates a world-class tran- champions East Providence. The following concurrent resolution sit agency serving millions of com- The last time La Salle played in a was read, and referred as indicated: muters and visitors annually. This is a championship game was nearly a dec- tremendous achievement that Stephan ade ago in 1992, when they lost to H. Con. Res. 41. Concurrent resolution ex- pressing sympathy for the victims of the shares. Portsmouth High School. The year 2000 devastating earthquakes that struck El Sal- There were times, I imagine, when finally brought a re-match as this vador on January 13, 2001, and February 13, people thought that Stephan might year’s Super Bowl game pitted the 2001, and supporting ongoing aid efforts: to just outlast the bridge he loved and Portsmouth Patriots against the La the Committee on Foreign Relations. looked after all these years. But Salle Rams. The Rams were victorious f thanks to solid construction, regular in a very close game, thanks to the ex- maintenance and a vigorous seismic ceptional effort put forth by the La EXECUTIVE AND OTHER program he began, it looks like Salle team supported by their fellow COMMUNICATIONS Stephan is going to beat the bridge students and alumni. The following communications were into retirement by many years. We can As a proud graduate and former laid before the Senate, together with all be grateful for that even as we bid member of the La Salle Academy foot- accompanying papers, reports, and doc- a friend a fond, happy and healthy re- ball team, I know the skills, training, uments, which were referred as indi- tirement. No one deserves it more.∑ and strength of character that are nec- cated: essary to achieve what this program f EC–1094. A communication from the Acting has achieved. I would ask that my col- Administrator of the Food and Nutrition THE LA SALLE ACADEMY leagues join me in applauding La Salle FOOTBALL TEAM Service, Department of Agriculture, trans- Academy for its remarkable accom- mitting, pursuant to law, the report of a rule ∑ Mr. REED. Mr. President, I rise plishments this year and throughout entitled ‘‘Special Supplemental Nutrition today to recognize the achievement of its long tradition of excellence.∑ Program for Women, Infants and Children

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.017 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2661 (WIC): Clarification of WIC Mandates of Pub- the Committee on Energy and Natural Re- EC–1116. A communication from the Board lic Law 104–193, the Personal Responsibility sources. of Trustees of the Federal Old-Age and Sur- and Work Opportunity Reconciliation Act of EC–1105. A communication from the Assist- vivors Insurance and Disability Insurance 1996’’ (RIN0584–AC51) received on March 19, ant General Counsel for Regulatory Law, De- Trust Funds, transmitting, pursuant to law, 2001; to the Committee on Agriculture, Nu- partment of Energy, transmitting, pursuant the annual report on the current and pro- trition, and Forestry. to law, the report of a rule entitled ‘‘Non- jected financial conditions of the Social Se- EC–1095. A communication from the Rules discrimination on the Basis of Sex in Edu- curity Program for calendar year 2001; to the Administrator of the Federal Bureau of Pris- cation Programs or Activities Receiving Committee on Finance. ons, Office of General Counsel, Department Federal Financial Assistance’’ (RIN1901– EC–1117. A communication from the Dep- of Justice, transmitting, pursuant to law, AA87) received on March 19, 2001; to the Com- uty Assistant Secretary of the Division of the report of a rule entitled ‘‘Drug Abuse mittee on Energy and Natural Resources. Welfare-to-Work, Department of Labor, Treatment and Intensive Confinement Cen- EC–1106. A communication from the Fed- transmitting, pursuant to law, the report of ter Programs: Early Release Consideration’’ eral Register Liaison Officer, Office of Thrift a rule entitled ‘‘Welfare-to-Work (WtW) ((RIN1120–AA36) (RIN1120–AA66)) received on Supervision, Department of the Treasury, Grants; Final Rule; Interim Final Rule’’ March 19, 2001; to the Committee on the Ju- transmitting, pursuant to law, the report of (RIN1205–AB15) received on March 19, 2001; to diciary. a rule entitled ‘‘Federal Savings Association the Committee on Finance. EC–1096. A communication from the Direc- Bylaws; Integrity of Directors’’ (RIN1150– EC–1118. A communication from the Dep- tor of the Office of Regulations Management, AB39) received on March 16, 2001; to the Com- uty Executive Secretary to the Department, Board of Veterans’ Appeals, Department of mittee on Banking, Housing, and Urban Af- Health Care Financing Administration, De- Veterans Affairs, transmitting, pursuant to fairs. partment of Health and Human Services, law, the report of a rule entitled ‘‘Appeals EC–1107. A communication from the Fed- transmitting, pursuant to law, the report of Regulation—Title for Members of the Board eral Register Liaison Officer, Office of Thrift a rule entitled ‘‘Change in Application of of Veterans’ Appeals—Rescission’’ (RIN2900– Supervision, Department of the Treasury, Federal Financial Participation Limits’’ AK61) received on March 19, 2001; to the Com- transmitting, pursuant to law, the report of (RIN0938–AJ96) received on March 16, 2001; to mittee on Veterans’ Affairs. a rule entitled ‘‘Consumer Protections for the Committee on Finance. EC–1097. A communication from the Direc- Depository Institution Sales of Insurance; EC–1119. A communication from the Dep- tor of the Office of Regulations Management, Change in Effective Date’’ (RIN1150–AB34) re- uty Executive Secretary to the Department, Board of Veterans’ Appeals, Department of ceived on March 16, 2001; to the Committee Health Care Financing Administration, De- Veterans Affairs, transmitting, pursuant to on Banking, Housing, and Urban Affairs. partment of Health and Human Services, law, the report of a rule entitled ‘‘Revised EC–1108. A communication from the Fed- transmitting, pursuant to law, the report of Criteria for Monetary Allowance for an Indi- eral Register Liaison Officer, Office of Thrift a rule entitled ‘‘Medicare Program; Monthly Actuarial Rates and Monthly Supplementary vidual Born with Spina Bifida Whose Bio- Supervision, Department of the Treasury, Medical Insurance Premium Rate Beginning logical Father or Mother is a Vietnam Vet- transmitting, pursuant to law, the report of January 1, 2001’’ received on March 16, 2001; eran’’ (RIN2900–AJ51) received on March 19, a rule entitled ‘‘Liquidity’’ (RIN1150–AB42) received on March 16, 2001; to the Committee to the Committee on Finance. 2001; to the Committee on Veterans’ Affairs. EC–1120. A communication from the Dep- EC–1098. A communication from the Acting on Banking, Housing, and Urban Affairs. uty Executive Secretary to the Department, Assistant Secretary of Legislative Affairs, EC–1109. A communication from the Senior Health Care Financing Administration, De- Department of State, transmitting, pursuant Banking Counsel, Office of General Counsel, partment of Health and Human Services, to law, Presidential Determination Number Department of the Treasury, transmitting, transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled 2001–12, relative to the certification of twen- a rule entitled ‘‘Medicare Program; Ex- ‘‘Financial Subsidiaries’’ (RIN1505–AA77) re- ty–four major illicit drug producing and panded Coverage for Outpatient Diabetes ceived on March 19, 2001; to the Committee transit countries; to the Committee on For- Self-Management Training and Diabetes on Banking, Housing, and Urban Affairs. eign Relations. Outcome Measurements’’ (RIN0938–AI96) re- EC–1099. A communication from the Acting EC–1110. A communication from the Dep- ceived on March 16, 2001; to the Committee Assistant Secretary of Legislative Affairs, uty Executive Secretary to the Department on Finance. Department of State, transmitting, pursuant of Health and Human Services, transmitting, EC–1121. A communication from the Dep- to law, the report of a rule entitled ‘‘Amend- pursuant to law, the report of a rule entitled uty Executive Secretary to the Department, ments to the International Traffic in Arms ‘‘Standards of Privacy of Individually Identi- Health Care Financing Administration, De- Regulation: Canadian Exemption’’ (22 CFR fiable Health Information’’ (RIN0091–AB08) partment of Health and Human Services, Part 126) received on March 19, 2001; to the received on March 16, 2001; to the Committee transmitting, pursuant to law, the report of Committee on Foreign Relations. on Health, Education, Labor, and Pensions. a rule entitled ‘‘Inpatient Hospital Deduct- EC–1100. A communication from the Acting EC–1111. A communication from the Dep- ible and Hospital and Extended Care Serv- Administrator of the Agency for Inter- uty Executive Secretary to the Department ices’’ (RIN0938–AK27) received on March 16, national Development, transmitting, pursu- of Health and Human Services, transmitting, 2001; to the Committee on Finance. ant to law, a report concerning the develop- pursuant to law, the report of a rule entitled EC–1122. A communication from the Dep- ment assistance and child survival/diseases ‘‘National Medical Support Notice; Delay of uty Executive Secretary to the Department, program allocations for Fiscal Year 2001; to Effective Date’’ (RIN0970–AB97) received on Health Care Financing Administration, De- the Committee on Foreign Relations. March 19, 2001; to the Committee on Health, partment of Health and Human Services, EC–1101. A communication from the Chief Education, Labor, and Pensions. transmitting, pursuant to law, the report of Counsel of the St. Lawrence Seaway Devel- EC–1112. A communication from the Dep- a rule entitled ‘‘Medicaid Managed Care’’ opment Corporation, Department of Trans- uty Executive Secretary to the Department (RIN0938–AI70) received on March 16, 2001; to portation, transmitting, pursuant to law, the of Health and Human Services, transmitting, the Committee on Finance. report of a rule entitled ‘‘Seaway Regula- pursuant to law, the report of a rule entitled f tions and Rules; Tariff of Tolls’’ (RIN2135– ‘‘Standards for Privacy of Individually Iden- AA12) received on March 15, 2001; to the Com- tifiable Health Information’’ (RIN0091–AB08) REPORTS OF COMMITTEES mittee on Environment and Public Works. received on March 19, 2001; to the Committee The following reports of committees EC–1102. A communication from the Assist- on Health, Education, Labor, and Pensions. ant General Counsel for Regulatory Law, Of- EC–1113. A communication from the Dep- were submitted: fice of Environment, Safety and Health, De- uty Executive Secretary to the Department From the Committee on Small Business, partment of Energy, transmitting, pursuant of Health and Human Services, transmitting, with an amendment in the nature of a sub- to law, the report of a rule entitled ‘‘Nuclear pursuant to law, the report of a rule entitled stitute: Safety Management’’ (RIN1901–AA34) re- ‘‘Standards for Privacy of Individually Iden- S. 295: A bill to provide emergency relief to ceived on March 19, 2001; to the Committee tifiable Health Information’’ (RIN0991–AB08) small businesses affected by significant in- on Environment and Public Works. received on March 19, 2001; to the Committee creases in the prices of heating oil, natural EC–1103. A communication from the Sec- on Health, Education, Labor, and Pensions. gas, propane, and kerosene, and for other retary of the Interior, transmitting the re- EC–1114. A communication from the Board purposes (Rept. No. 107–4). port of acceptance of the Palmerita Ranch of Trustees of the Federal Hospital Insurance From the Committee on Small Business, Land Donation; to the Committee on Energy Trust Fund, transmitting, pursuant to law, with amendments: S. 395: A bill to ensure the independence and Natural Resources. the annual report related to the near-term and nonpartisan operation of the Office of EC–1104. A communication from the Assist- and long-term financial outlook for 2001; to Advocacy of the Small Business Administra- ant General Counsel for Regulatory Law, Of- the Committee on Finance. tion (Rept. No. 107–5). fice of Security and Emergency Operations, EC–1115. A communication from the Board Department of Energy, transmitting, pursu- of the Federal Supplementary Medical Insur- f ant to law, the report of a rule entitled ‘‘Se- ance Trust Fund, transmitting, pursuant to INTRODUCTION OF BILLS AND curity Requirements for Protected Disclo- law, the annual report evaluating the finan- JOINT RESOLUTIONS sure Under Section 3164 of the National De- cial adequacy of the SMI program for cal- fense Authorization Act for Fiscal Year 2000’’ endar year 2001; to the Committee on Fi- The following bills and joint resolu- (RIN1992–AA26) received on March 19, 2001; to nance. tions were introduced, read the first

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.027 pfrm03 PsN: S21PT1 S2662 CONGRESSIONAL RECORD — SENATE March 21, 2001 and second times by unanimous con- SUBMISSION OF CONCURRENT AND Commission, to adjust compensation sent, and referred as indicated: SENATE RESOLUTIONS provisions for employees of the Com- By Mr. GRAHAM (for himself, Mr. The following concurrent resolutions mission, and for other purposes. CHAFEE, Mr. MCCAIN, Mrs. FEINSTEIN, and Senate resolutions were read, and S. 155 Mr. JEFFORDS, Mr. WELLSTONE, Mrs. referred (or acted upon), as indicated: At the request of Mr. BINGAMAN, the MURRAY, Mr. KENNEDY, Ms. COLLINS, name of the Senator from Wisconsin Mr. SPECTER, Mr. SCHUMER, and Mrs. By Mr. HUTCHINSON: (Mr. FEINGOLD) was added as a cospon- CLINTON): S. Res. 61. A resolution expressing the S. 582. A bill to amend titles XIX and XXI sense of the Senate that the Secretary of sor of S. 155, a bill to amend title 5, of the Social Security Act to provide States Veterans Affairs should recognize board cer- United States Code, to eliminate an in- with the option to cover certain legal immi- tifications from the American Association of equity in the applicability of early re- grants under the medicaid and State chil- Physician Specialists, Inc., for purposes of tirement eligibility requirements to the payment of special pay by the Veterans dren’s health insurance program; to the military reserve technicians. Committee on Finance. Health Administration; to the Committee on S. 170 By Mr. KENNEDY (for himself, Mr. Veterans’ Affairs. SPECTER, Mr. LEAHY, Mr. JEFFORDS, By Mr. HELMS (for himself, Mr. At the request of Mr. REID, the Mr. GRAHAM, Mr. CHAFEE, and Mrs. WELLSTONE, Mr. HUTCHINSON, and Mr. names of the Senator from Nebraska CLINTON): SMITH of New Hampshire): (Mr. HAGEL) and the Senator from Mis- S. Con. Res. 27. A concurrent resolution ex- S. 583. A bill to amend the Food Stamp Act sissippi (Mr. COCHRAN) were added as pressing the sense of Congress that the 2008 of 1977 to improve nutrition assistance for cosponsors of S. 170, a bill to amend working families and the elderly, and for Olympic Games should not be held in Beijing unless the Government of the People’s Re- title 10, United States Code, to permit other purposes; to the Committee on Agri- retired members of the Armed Forces culture, Nutrition, and Forestry. public of China releases all political pris- By Mrs. CLINTON (for herself, Mr. oners, ratifies the International Covenant on who have a service-connected dis- WELLSTONE, and Mr. DODD): Civil and Political Rights, and observes ability to receive both military retired S. 584. A bill to designate the United internationally recognized human rights; to pay by reason of their years of military States courthouse located at 40 Centre the Committee on Foreign Relations. service and disability compensation Street in New York, New York, as the f from the Department of Veterans Af- ‘‘Thurgood Marshall United States Court- ADDITIONAL COSPONSORS fairs for their disability. house’’; to the Committee on Environment S. 278 and Public Works. S. 41 At the request of Mr. JOHNSON, the By Mr. CRAPO (for himself, Mr. CRAIG, At the request of Mr. HATCH, the and Mr. SMITH of New Hampshire): name of the Senator from Virginia (Mr. name of the Senator from Louisiana S. 585. A bill to provide funding for envi- (Ms. LANDRIEU) was added as a cospon- ALLEN) was added as a cosponsor of S. ronmental and natural resource restoration sor of S. 278, a bill to restore health in the Coeur d’Alene River Basin, Idaho; to 41, a bill to amend the Internal Rev- enue Code of 1986 to permanently ex- care coverage to retired members of the Committee on Environment and Public the uniformed services. Works. tend the research credit and to in- By Mr. DODD: crease the rates of the alternative in- S. 316 S. 586. A bill to authorize negotiation for cremental credit. At the request of Mr. MCCONNELL, the accession of Chile to the North American S. 90 the name of the Senator from Nevada Free Trade Agreement, to provide for fast At the request of Mr. BINGAMAN, the (Mr. ENSIGN) was added as a cosponsor track consideration, and for other purposes; name of the Senator from Indiana (Mr. of S. 316, a bill to provide for teacher li- to the Committee on Finance. ability protection. By Mr. CONRAD (for himself, Mr. BAYH) was added as a cosponsor of S. S. 326 THOMAS, Mr. DASCHLE, Mr. JOHNSON, 90, a bill authorizing funding for and Mr. ROBERTS): nanoscale science and engineering re- At the request of Ms. COLLINS, the S. 587. A bill to amend the Public Health search and development at the Depart- name of the Senator from Michigan Service Act and title XVIII of the Social Se- ment of Energy for fiscal years 2002 (Ms. STABENOW) was added as a cospon- curity Act to sustain access to vital emer- through 2006. sor of S. 326, a bill to amend title XVIII gency medical services in rural areas; to the S. 133 of the Social Security Act to eliminate Committee on Finance. the 15 percent reduction in payment By Mr. SCHUMER (for himself and At the request of Mr. BAUCUS, the rates under the prospective payment Mrs. CLINTON): names of the Senator from Ohio (Mr. S. 588. A bill to reduce acid deposition DEWINE), the Senator from New York system for home health services and to under the Clean Air Act, and for other pur- (Mr. SCHUMER), the Senator from New permanently increase payments for poses; to the Committee on Environment and Jersey (Mr. TORRICELLI), the Senator such services that are furnished in Public Works. from Illinois (Mr. DURBIN), the Senator rural areas. By Mr. SMITH of New Hampshire: S. 393 S. 589. A bill to make permanent the mora- from Mississippi (Mr. COCHRAN), and torium on the imposition of taxes on the the Senator from Massachusetts (Mr. At the request of Mr. FRIST, the Internet; to the Committee on Commerce, KERRY) were added as cosponsors of S. name of the Senator from Georgia (Mr. Science, and Transportation. 133, a bill to amend the Internal Rev- MILLER) was added as a cosponsor of S. By Mr. JEFFORDS (for himself, Mr. enue Code of 1986 to make permanent 393, a bill to amend the Internal Rev- BREAUX, Mr. FRIST, Mrs. LINCOLN, the exclusion for employer-provided enue Code of 1986 to encourage chari- Ms. SNOWE, Mr. CHAFEE, and Mr. CAR- educational assistance programs, and table contributions to public charities PER): for other purposes. for use in medical research. S. 590. A bill to amend the Internal Rev- enue Code of 1986 to allow a refundable tax S. 135 S. 441 credit for health insurance costs, and for At the request of Mrs. FEINSTEIN, the At the request of Mr. CAMPBELL, the other purposes; to the Committee on Fi- name of the Senator from Rhode Island name of the Senator from Nevada (Mr. nance. (Mr. CHAFEE) was added as a cosponsor REID) was added as a cosponsor of S. By Mr. BENNETT (for himself and Mr. of S. 135, a bill to amend title XVIII of 441, a bill to provide Capitol-flown flags REID): the Social Security Act to improve to the families of law enforcement offi- S. 591. A bill to repeal export controls on cers and firefighters killed in the line high performance computers; to the Com- payments for direct graduate medical mittee on Banking, Housing, and Urban Af- education under the medicare program. of duty. fairs. S. 143 S. 452 By Mr. SANTORUM (for himself, Mr. At the request of Mr. GRAMM, the At the request of Mr. MURKOWSKI, the LIEBERMAN, Mr. HUTCHINSON, Mr. name of the Senator from Indiana (Mr. name of the Senator from Oregon (Mr. DURBIN, Mr. BROWNBACK, Ms. LUGAR) was added as a cosponsor of S. SMITH) was added as a cosponsor of S. LANDRIEU, Mr. LUGAR, Mr. BAYH, and 143, a bill to amend the Securities Act 452, a bill to amend title XVIII of the Mr. DEWINE): S. 592. A bill to amend the Internal Rev- of 1933 and the Securities Exchange Act Social Security Act to ensure that the enue Code of 1986 to create Individual Devel- of 1934, to reduce securities fees in ex- Secretary of Health and Human Serv- opment Accounts, and for other purposes; to cess of those required to fund the oper- ices provides appropriate guidance to the Committee on Finance. ations of the Securities and Exchange physicians, providers of services, and

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.029 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2663 ambulance providers that are attempt- FEINSTEIN, Mr. JEFFORDS, Mr. allowing children to get health care. ing to properly submit claims under WELLSTONE, Mrs. MURRAY, Mr. Giving States the option of providing the medicare program to ensure that KENNEDY, Ms. COLLINS, Mr. this coverage to legal immigrant chil- the Secretary does not target inad- SPECTER, Mr. SCHUMER, and dren and pregnant women would cover vertent billing errors. Mrs. CLINTON): more than 200,000 people a year. States S. 459 S. 582. A bill to amend titles XIX and have asked for this option. Many are At the request of Mr. BREAUX, the XXI of the Social Security Act to pro- already trying to provide coverage but name of the Senator from Minnesota vide States with the option to cover can’t make up the holes in their budg- (Mr. DAYTON) was added as a cosponsor certain legal immigrants under the et. of S. 459, a bill to amend the Internal Medicaid and State children’s health In their 2001 Winter Policy Report, Revenue Code of 1986 to reduce the tax insurance program; to the Committee the National Governors’ Association on vaccines to 25 cents per dose. on Finance. endorsed this commonsense policy pro- S. 512 Mr. GRAHAM. Mr. President, I rise posal. The National Council of State At the request of Mr. DORGAN, the today on behalf of Senators CHAFEE, Legislators has also endorsed this bill. name of the Senator from Georgia (Mr. MCCAIN, FEINSTEIN, JEFFORDS, More than 200 respected public-interest CLELAND) was added as a cosponsor of WELLSTONE, MURRAY, KENNEDY, COL- groups including Catholic Charities, S. 512, a bill to foster innovation and LINS, SPECTER, SCHUMER, CLINTON, and the National Council of La Raza, the technological advancement in the de- myself to introduce the Immigrant National Association of Public Hos- velopment of the Internet and elec- Children’s Health Improvement Act of pitals, the National Immigration Law tronic commerce, and to assist the 2001. Center, the Children’s Defense Fund, States in simplifying their sales and This bill will give States the option and the American Academy of Pediat- use taxes. to provide Medicaid and CHIP coverage rics have all joined together in support to immigrant children and pregnant S. 534 of the bill. Beginning today and for women who arrived legally in this At the request of Mr. CAMPBELL, the months to come, these organizations name of the Senator from Colorado country after August 22, 1996. That is will be holding events to rally behind the date Congress passed the Personal (Mr. ALLARD) was added as a cosponsor this and other legislation that supports of S. 534, a bill to establish a Federal Responsibility and Work Opportunity the goal of providing healthy solutions interagency task force for the purpose Reconciliation Act—commonly known for hard-working American families. of coordinating actions to prevent the as welfare reform. Under this umbrella, Senators KEN- outbreak of bovine spongiform The goal of that legislation was to NEDY and JEFFORDS will be introducing encephalopathy (commonly known as encourage self-sufficiency in adults. legislation to restore food stamps to ‘‘mad cow disease’’) and foot-and- But it also affected children, including legal immigrants and Representatives mouth disease in the United States. immigrants, citizens, and those not yet LEVIN and MORELLA will be introducing born. The legislation cut off govern- a bill to protect immigrant women S. 543 ment-supported health care for all from domestic violence. At the request of Mr. WELLSTONE, the legal immigrants, regardless of their Passage of the Immigrant Children’s name of the Senator from New York ages or circumstances. Health Improvement Act is an impor- (Mr. SCHUMER) was added as a cospon- Census data released last week of- tant step in revisiting the welfare re- sor of S. 543, a bill to provide for equal fered good news on the number of unin- form legislation. coverage of mental health benefits sured people in America. The data What we now realize, years after with respect to health insurance cov- shows that the number of Americans passing that landmark law, is that erage unless comparable limitations without health insurance fell from 44.3 legal immigrant children are, as much are imposed on medical and surgical million to 42.6 million in 1999. This is as citizen children, the next generation benefits. the first decline since 1987. But the of Americans. Providing Medicaid and S. 548 news is not good for everyone who CHIP to legal immigrant children is At the request of Mr. HARKIN, the works hard in this country, who plays critical in order to guarantee that gen- name of the Senator from Hawaii (Mr. by the rules, who tries to build a better eration can be healthy and productive INOUYE) was added as a cosponsor of S. life for themselves and their families. members of their adopted country. 548, a bill to amend title XVIII of the What was not in the headlines is the We call upon Congress and the Presi- Social Security Act to provide en- fact that the proportion of immigrant dent to act this year and pass this im- hanced reimbursement for, and ex- children who are uninsured remains ex- portant bill. panded capacity to, mammography tremely high. services under the medicare program, A new report by the Urban Institute By Mr. KENNEDY (for himself, and for other purposes. shows that in the last year, nearly half Mr. SPECTER, Mr. LEAHY, Mr. S. 550 of low-income immigrant children in JEFFORDS, Mr. GRAHAM, Mr. At the request of Mr. DASCHLE, the America had no health-insurance cov- CHAFEE, and Mrs. CLINTON): name of the Senator from South Da- erage. In my State of Florida, that S. 583. A bill to amend the Food kota (Mr. JOHNSON) was added as a co- ratio is nearly three to one. This is just Stamp Act of 1977 to improve nutrition sponsor of S. 550, a bill to amend part one of many reports that show that in assistance for working families and the E of title IV of the Social Security Act our zeal to discourage dependency in elderly, and for other purposes; to the to provide equitable access for foster adults, we unintentionally punished Committee on Agriculture, Nutrition, care and adoption services for Indian children. and Forestry. children in tribal areas. A study by the Center on Budget and Mr. KENNEDY. Mr. President, today S. RES. 44 Policy Priorities finds that the per- Senator SPECTER, Senator LEAHY, Sen- At the request of Mr. COCHRAN, the centage of low-income immigrant chil- ator JEFFORDS, Senator GRAHAM, Sen- names of the Senator from South Da- dren in publicly-funded coverage— ator CHAFEE, and I introduce the bipar- kota (Mr. JOHNSON) and the Senator which was low even before welfare re- tisan ‘‘Nutrition Assistance for Work- from Indiana (Mr. LUGAR) were added form—has fallen substantially. ing Families and Seniors Act.’’ Our as cosponsors of S. Res. 44, a resolution Florida is home to more than half a goal is to repair specific holes that designating each of March 2001, and million uninsured children, many of time has worn in the nation’s core nu- March 2002, as ‘‘Arts Education whom are in this country legally or are trition safety net—the Food Stamp Month.’’ citizens whose immigrant parents are Program. f ineligible for coverage and so think Hunger is a silent crisis affecting their children are similarly barred. families all across America. No corner STATEMENTS ON INTRODUCED Under this bill, States have the op- of our land is immune from this trag- BILLS AND JOINT RESOLUTIONS tion of taking steps to change that by edy. By Mr. GRAHAM (for himself, eliminating the arbitrary designation The Nation can well afford to ensure Mr. CHAFEE, Mr. MCCAIN, Mrs. of August 22, 1996, as a cutoff date for that the average food stamp benefit of

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.031 pfrm03 PsN: S21PT1 S2664 CONGRESSIONAL RECORD — SENATE March 21, 2001 79 cents per meal is available to every- welfare reform has had on the children The effort to prevent legal immi- one who truly needs it. In a time of of immigrants. The report finds that 80 grants from accessing food stamps economic prosperity, the moral imper- percent of the children of immigrants never made sense from a policy per- ative to feed the hungry may be clear- are United States citizens, but the im- spective, and I am pleased to see con- est. But in a time of economic uncer- migrant status of parents prevents siderable bipartisan momentum build- tainty, the need to feed the hungry these citizen children from receiving ing to restore eligibility. Our key al- should be clearest. the aid they need. According to the lied in the effort to restore eligibility The bottom line is that too many Urban Institute, 24 percent of children include the National Conference of working families and seniors in Amer- of immigrants live in poverty com- State Legislatures, the U.S. Conference ica have trouble putting enough food pared to 16 percent of children of citi- of Mayors, the National Association of on the table. On February 26, 2001, the zens, and 37 percent of children of im- Counties, the National Black Caucus of New York Times included a compelling migrants live in households that have State Legislators, the Hispanic Caucus, account of the difficulties faced by the difficulty putting enough food on the leaders of all major religious denomi- Payne family from Cleveland, Ohio. table each month, compared to 27 per- nations, and over 1,400 immigration, Mrs. Payne states that ‘‘it’s difficult to cent of children of citizens. hunger, and social justice organiza- work at a grocery store all day, look- The report also shows that access to tions that are active in every state. ing at all the food I can’t buy, so I public benefits makes a difference for Over twenty newspapers have published immigrant families. Largely because imagine filling up my cart with one of editorials urging restoration of food Massachusetts pays to provide food those big orders and bringing home stamp eligibility to legal immigrants. stamps to all legal immigrants, food enough food for all my kids.’’ She and With such strong and broad public sup- insecurity rates there are relatively her husband, a factory worker, rou- port, I am hopeful that immigrants tinely go without dinner to be sure similar for children of immigrants and children of citizens 28 percent of immi- will not have to wait another year to that their four children have enough to grant children versus 22 percent of na- have their access to basic nutrition re- eat. The Payne family was among tive children). Texas provides no such stored. thousands of working families that benefit, however, and this fact is re- Second, this bill ends the child pen- have recently turned to emergency flected in its food insecurity rates. alty under current food stamp law. food pantries and soup kitchens in Over 49 percent of children of immi- Just as the marriage penalty in our tax search of help. The Payne family did grants lack secure access to adequate code unfairly penalizes some couples, not know that they were eligible for nutrition in Texas, compared to a third existing law unfairly limits nutritional food stamps. of children of citizens. assistance to some families with chil- Nationwide, participation in the While hunger and malnutrition are dren. This bill fixes the problem by in- Food Stamp Program has declined 34 serious problems for people of all ages, dexing the food stamp standard deduc- percent since 1996, four times faster their effects are particularly damaging tion to family size in a way that sim- than the decline in the poverty rate. to children. Hungry and undernour- ply ensures that every family that is in This means that over 2 million fewer ished children are more likely to be- deep poverty, with earnings under 10 people who live in poverty are access- come anemic and to suffer from aller- percent of the poverty limit, will re- ing food stamps today. Over a quarter gies, asthma, diarrhea, and infections. ceive the maximum current food stamp of the reduction in food stamp partici- They are also more likely to have be- benefit regardless of family size. Over pation between 1994 and 1998 resulted havioral problems and difficulty in half of the benefit from this provision from welfae reform and its elimination learning. When children arrive at will go to working families. of food stamp eligibility for legal im- school hungry, they cannot learn. If we Third, this bill addresses a core nu- migrants, both by directly rendering do not address this silent crisis, our tritional concern of senior citizens and legal immigrants ineligible for food considerable investments in education other low-income families on fixed in- stamps, and by discouraging their U.S. and early learning activities will not comes, many of whom qualify for the citizen children from accessing food have the full positive impact that they minimum food stamp benefit. The food stamps. should. Clearly more must be done for stamp minimum benefit has remained The results are predictable. The U.S. both the children of citizens and the Department of Agriculture determined at $10 since 1977. This bill raises the children of immigrants. minimum benefit to $25 over the course that 4.9 million adults and 2.6 million A strong Food Stamp Program is es- children lived in households that expe- of five years, and then indexes it to in- sential to ensure that all people in flation. rienced hunger during 1999. The Urban America can get the food they need to Fourth, this bill ensures that food Institute finds that 33 percent of stay healthy. In seven common sense stamp law treats child support pay- former welfare recipients have to skip steps, this bill reaches goals shared by ments like income when calculating or cut meals due to lack of food. Republicans and Democrats alike—pro- The most vulnerable people among moting self-sufficiency, encouraging benefits, by disregarding 20 percent of us—recent immigrants, children, and transitions from welfare to work, and these payments in the benefit deter- the elderly—are the ones who face the eradicating hunger among children and minations. This measure is consistent greatest difficulty. Republicans and seniors. with last year’s overwhelming House Democrats agree that we need to work First, this bill restores eligibility for approval of a plan to encourage states together in good faith to deliver senior food stamps to all legal immigrants, a to pass more child support payments citizens from having to choose between matter of fundamental fairness and through to low-income families. Par- heating and eating, and from having to basic need. The Kaiser Commission on ents who know that their children will choose between paying for their pre- Medicaid and the Uninsured reports directly benefit if they pay their child scription drugs or for their groceries. that immigrant families on average support are more likely to remain on There is also widespread agreement pay $80,000 more in taxes than they re- the job, pay their child support, and, that more must be done to end child- ceive in local, state, and federal bene- most importantly, remain involved hood hunger. A July 1999 General Ac- fits over a lifetime. For 30 years prior with their children. counting Office study concludes, ‘‘Chil- to welfare reform, food stamps were Fifth, this bill gives states more op- dren’s participation in the Food Stamp available to legal immigrants, and as tions for helping families make the Program has dropped more sharply today’s Urban Institute report con- transition from welfare to work. Cur- than the number of children living in firms, legal immigrants are now among rent food stamp law allows a 3-month poverty, indicating a growing gap be- those most in need of nutritional as- state option for a transitional food tween need and assistance.’’ sistance. Our laws recognize that legal stamp benefit. This bill mirrors Medic- Sadly, the enormity of this crisis is immigrants need access to employ- aid’s six-month Medicaid transitional confirmed by a major study released ment, education, and health care, yet benefit for food stamps, simplifying today by the Urban Institute’s Na- all of these efforts are compromised state recordkeeping, increasing state tional Survey of America’s Families, when legal immigrants are denied ac- flexibility, and helping TANF families which focuses upon the impact that cess to basic nutrition. transition to work.

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.036 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2665 Sixth, this bill improves access to ‘‘(i) IN GENERAL.—With respect to the spec- (e) DERIVATIVE ELIGIBILITY FOR BENEFITS.— food stamp information, helping to en- ified Federal program described in paragraph Section 436 of the Personal Responsibility sure that families like the Paynes are (3)’’; and Work Opportunity Reconciliation Act of aware of the help that remains avail- (bb) by redesignating subclauses (II) 1996 (8 U.S.C. 1646) is repealed. (f) APPLICATION.—This section and the able to them. It helps rural families through (IV) as clauses (ii) through (iv) and indenting appropriately; amendments made by this section shall apply for food stamps using online and (cc) by striking ‘‘subclause (I)’’ each place apply to assistance or benefits provided telephone systems, eliminating the it appears and inserting ‘‘clause (i)’’; and under the Food Stamp Act of 1977 (7 U.S.C. need to travel to food stamp offices. It (dd) in clause (iv) (as redesignated by item 2011 et seq.) for months beginning on or after also supports stronger public-private (bb)), by striking ‘‘this clause’’ and inserting April 1, 2002. partnerships that generate and dis- ‘‘this subparagraph’’; SEC. 3. PREVENTION OF HUNGER AMONG FAMI- tribute information about the nation’s (iii) in subparagraph (E), by striking LIES WITH CHILDREN. nutrition assistance program. ‘‘paragraph (3)(A) (relating to the supple- (a) STANDARD DEDUCTION.—Section 5(e) of Finally, this bill increases federal mental security income program)’’ and in- the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) support for emergency food programs, serting ‘‘paragraph (3)’’; is amended by striking paragraph (1) and in- 71 percent of which are operated by (iv) in subparagraph (F); serting the following: (I) by striking ‘‘Federal programs’’ and in- faith based organizations. Sharp in- ‘‘(1) STANDARD DEDUCTION.— serting ‘‘Federal program’’; ‘‘(A) IN GENERAL.—Subject to subparagraph creases in requests for help from food (II) in clause (ii)(I)— (B), the Secretary shall allow a standard de- pantries and soup kitchens have oc- (aa) by striking ‘‘(I) in the case of the spec- duction for each household in the 48 contig- curred over the past year despite steep ified Federal program described in paragraph uous States and the District of Columbia, declines in food stamp participation. (3)(A),’’; and Alaska, Hawaii, Guam, and the Virgin Is- Many food banks find themselves un- (bb) by striking ‘‘; and’’ and inserting a pe- lands of the United States equal to the appli- able to meet the increased requests for riod; and cable percentage established under subpara- help. Nationally, the U.S. Conference (III) by striking subclause (II); graph (C) of the income standard of eligi- of Mayors and America’s Second Har- (v) in subparagraph (G), by striking ‘‘Fed- bility under subsection (c)(1). vest have independently documented a eral programs’’ and inserting ‘‘Federal pro- ‘‘(B) LIMITATIONS.—The standard deduction gram’’; 15 to 20 percent increase in needs over for each household in the 48 contiguous (vi) in subparagraph (H), by striking ‘‘para- States and the District of Columbia, Alaska, 1998. 79 percent of Massachusetts food graph (3)(A) (relating to the supplemental se- Hawaii, Guam, and the Virgin Islands of the pantries funded through Project Bread curity income program)’’ and inserting United States under subparagraph (A) shall reported serving more working poor in ‘‘paragraph (3)’’; and not be— 1998, and 72 percent reported helping (vii) by striking subparagraphs (I), (J), and ‘‘(i) less than $134, $229, $189, $269, and $118, more families with children. To ensure (K); and respectively; or that emergency food needs are met (B) in paragraph (3)— ‘‘(ii) more than the applicable percentage without unnecessarily tapping Food (i) by striking ‘‘means any’’ and all that specified in subparagraph (C) of the income Stamp resources, this bill increases follows through ‘‘The supplemental’’ and in- standard of eligibility established under sec- funding for The Emergency Food As- serting ‘‘means the supplemental’’; and tion (c)(1) for a household of 6 members. (ii) by striking subparagraph (B). PPLICABLE PERCENTAGE sistance Program by 10 percent. ‘‘(C) A .—The appli- (2) CONFORMING AMENDMENT.—Section cable percentage referred to in subpara- The total cost of this bill amounts to 402(b)(2)(F) of the Personal Responsibility graphs (A) and (B) shall be— about $2.75 billion over five years, and Work Opportunity Reconciliation Act of ‘‘(i) for fiscal year 2002, 8 percent; which would increase the cost of the 1996 (8 U.S.C. 1612(b)(2)(F)) is amended by ‘‘(ii) for fiscal year 2003, 8.5 percent; Food Stamp Program by about 2 per- striking ‘‘subsection (a)(3)(A)’’ and inserting ‘‘(iii) for fiscal year 2004, 9 percent; cent. This bill’s cost is also modest in ‘‘subsection (a)(3)’’. ‘‘(iv) for fiscal year 2005, 9.5 percent; and relation to the current ten-year non- (b) FIVE-YEAR LIMITED ELIGIBILITY OF ‘‘(v) for each subsequent fiscal year, 10 per- Social surplus—it uses but 0.2 percent QUALIFIED ALIENS FOR FEDERAL MEANS-TEST- cent.’’. of the projected federal surplus. ED PUBLIC BENEFIT.—Section 403 of the Per- (b) APPLICATION DATE.—The amendments We’ve often heard that hunger has a sonal Responsibility and Work Opportunity made by this section shall apply on the later cure. This is a call to action, not a tru- Reconciliation Act of 1996 (8 U.S.C. 1613) is of— ism, for the many people who have co- amended— (1) July 1, 2002; or (2) at the option of a State agency of a operated in developing this legislation. (1) in subsection (c)(2), by adding at the end the following: State (as those terms are defined in section I’m proud to work with them for its ‘‘(L) Assistance or benefits under the Food 3 of the Food Stamp Act of 1977 (7 U.S.C. prompt passage. Stamp Act of 1977 (7 U.S.C. 2011 et seq.).’’; 2012)), October 1, 2002. I ask unanimous consent that the and SEC. 4. ENCOURAGEMENT OF COLLECTION OF text of this bill be printed in the (2) in subsection (d)— CHILD SUPPORT. RECORD. (A) by striking ‘‘not apply’’ and all that (a) IN GENERAL.—Section 5(e)(2) of the Food There being no objection, the bill was follows through ‘‘(1) an individual’’ and in- Stamp Act of 1977 (7 U.S.C. 2014(e)(2)) is ordered to be printed in the RECORD, as serting ‘‘not apply to an individual’’; and amended— follows: (B) by striking ‘‘; or’’ and all that follows (1) by inserting ‘‘AND CHILD SUPPORT’’ after S. 583 through ‘‘402(a)(3)(B)’’. ‘‘INCOME’’; (2) in subparagraph (A) by— Be it enacted by the Senate and House of Rep- (c) AUTHORITY FOR STATES TO PROVIDE FOR (A) striking ‘‘DEFINITION OF’’ and all that resentatives of the United States of America in ATTRIBUTION OF SPONSOR’S INCOME AND RE- Congress assembled, SOURCES TO THE ALIEN WITH RESPECT TO follows through ‘‘not include’’ and inserting TATE ROGRAMS ‘‘LIMITATION ON DEDUCTION.—The deduction SECTION 1. SHORT TITLE. S P .—Section 422(b) of the Per- in this paragraph shall not apply to’’; This Act may be cited as the ‘‘Nutrition sonal Responsibility and Work Opportunity (B) striking ‘‘or’’ at the end of clause (i); Assistance for Working Families and Seniors Reconciliation Act of 1996 (8 U.S.C. 1632(b)) is Act of 2001’’. amended by adding at the end the following: (C) striking the period at the end of clause (ii) and inserting ‘‘; or’’; and SEC. 2. RESTORATION OF FOOD STAMP BENEFITS ‘‘(8) Programs comparable to assistance or FOR LEGAL IMMIGRANTS. benefits under the Food Stamp Act of 1977 (7 (D) adding at the end the following: (a) LIMITED ELIGIBILITY OF QUALIFIED U.S.C. 2011 et seq.).’’. ‘‘(iii) child support received to the extent ALIENS FOR CERTAIN FEDERAL PROGRAMS.— (d) REQUIREMENTS FOR SPONSOR’S AFFI- of any reduction in public assistance to the (1) IN GENERAL.—Section 402(a) of the Per- DAVIT OF SUPPORT.—Section 423(d) of the household as a result of receiving such sup- sonal Responsibility and Work Opportunity Personal Responsibility and Work Oppor- port.’’; and Reconciliation Act of 1996 (8 U.S.C. 1612(a)) is tunity Reconciliation Act of 1996 (8 U.S.C. (3) in subparagraph (B), by striking ‘‘to amended— 1183a note; Public Law 104–193) is amended by compensate’’ and all that follows through (A) in paragraph (2)— adding at the end the following: the period and inserting ‘‘and child support (i) in subparagraph (A), by striking ‘‘Fed- ‘‘(12) Benefits under the Food Stamp Act of received from an identified or putative par- eral programs’’ and inserting ‘‘Federal pro- 1977 (7 U.S.C. 2011 et seq.), if a sponsor is un- ent of a child in the household if that parent gram’’; able to make the reimbursement because the is not a household member.’’. (ii) in subparagraph (D)— sponsor experiences hardship (including (b) EFFECTIVE DATE.—The amendments (I) by striking clause (ii); and bankruptcy, disability, and indigence) or if made by this section take effect on October (II) in clause (i)— the sponsor experiences severe cir- 1, 2002. (aa) by striking ‘‘(i) SSI.—’’ and all that cumstances beyond the control of the spon- SEC. 5. MINIMUM FOOD STAMP ALLOTMENT. follows through ‘‘paragraph (3)(A)’’ and in- sor, as determined by the Secretary of Agri- Section 8(a) of the Food Stamp Act of 1977 serting the following: culture.’’. (7 U.S.C. 2017(a)) is amended by striking

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.038 pfrm03 PsN: S21PT1 S2666 CONGRESSIONAL RECORD — SENATE March 21, 2001 ‘‘shall be $10 per month.’’ and inserting 11(s), within the 6-month period beginning on shall adjust procedures under this Act and ‘‘shall be— the date on which cash assistance is termi- titles XIX and XXI of the Social Security ‘‘(1) for each of fiscal years 2002 and 2003, nated.’’. Act, to the extent each of the Secretaries de- $15 per month; (2) Section 6(c) of the Food Stamp Act of termines appropriate, to facilitate pilot ‘‘(2) for each of fiscal years 2004 and 2005, 1977 (7 U.S.C. 2015(c)) is amended by striking projects under clause (i). $20 per month; ‘‘No household’’ and inserting ‘‘Except in a ‘‘(3) PREFERENCES.—In selecting pilot ‘‘(3) for fiscal year 2006, $25 per month; case in which a household is receiving transi- projects under this subsection, the Secretary ‘‘(4) for fiscal year 2007 and each subse- tional benefits during the transitional bene- shall provide a preference to projects that— quent fiscal year, the minimum allotment fits period under section 11(s), no house- ‘‘(A) operate in rural areas; or under paragraph (3), adjusted on each Octo- hold’’. ‘‘(B) benefit low-income households resid- ber 1 to reflect the percentage change in the SEC. 7. FOOD STAMP INFORMATION. ing in remote rural areas. cost of the thrifty food plan for the 12-month (a) TRAINING MATERIALS; NUTRITION INFOR- ‘‘(4) WAIVER.—To reduce travel and paper- period ending in the preceding June, rounded MATION.—Section 11 of the Food Stamp Act work burdens on eligible households, the to the nearest lower dollar increment.’’. of 1977 (7 U.S.C. 2020) (as amended by section Secretary may waive requirements under SEC. 6. TRANSITIONAL BENEFITS OPTION. 6) is amended by adding at the end the fol- sections 6(c) and 11(e)(3) for pilot projects conducted under this subsection. (a) IN GENERAL.—Section 11 of the Food lowing: ‘‘(5) EVALUATION OF PILOT PROJECTS.—Any Stamp Act of 1977 (7 U.S.C. 2020) is amended ‘‘(t) RESOURCES FOR STATE AGENCY EM- State conducting a pilot project under this by adding at the end the following: PLOYEES.—The Secretary, in partnership with State agencies, shall develop training subsection shall provide to the Secretary, in ‘‘(s) TRANSITIONAL BENEFITS OPTION.— materials, guidebooks, and other resources accordance with standards established by the ‘‘(1) IN GENERAL.—A State may provide for use by employees of State agencies that Secretary, an evaluation of the effectiveness transitional food stamp benefits to a house- focus on issues of access and eligibility under of the project. hold that is no longer eligible to receive cash the food stamp program. ‘‘(6) FUNDING.—Of funds made available assistance under a State program funded ‘‘(u) NUTRITION INFORMATION.—The Sec- under section 18 for each of fiscal years 2001 under part A of title IV of the Social Secu- retary shall maintain a toll-free information and 2002, the Secretary shall use— rity Act (42 U.S.C. 601 et seq.). number for individuals to call to obtain in- ‘‘(A) $10,000,000 to pay 75 percent of the ad- ‘‘(2) TRANSITIONAL BENEFITS PERIOD.— formation concerning the nutrition pro- ditional costs incurred by State agencies to Under paragraph (1), a household may con- grams.’’. conduct pilot projects under paragraph 2(A); tinue to receive food stamp benefits for a pe- (b) INTER-PROGRAM COORDINATION OF AP- and riod of not more than 6 months after the PLICATION AND VERIFICATION PROCESS.—Sec- ‘‘(B) $500,000 to pay 75 percent of the costs date on which cash assistance is terminated. tion 17 of the Food Stamp Act of 1977 (7 of evaluating pilot projects conducted under ‘‘(3) AMOUNT.—During the transitional ben- U.S.C. 2026) is amended by striking sub- paragraph 2(B).’’. efits period under paragraph (2), a household section (e) and inserting the following: (c) INNOVATIVE PARTICIPATION STRATE- shall receive an amount equal to the allot- ‘‘(e) PILOT PROJECTS FOR INTER-PROGRAM GIES.—Section 17 of the Food Stamp Act of ment received in the month immediately COORDINATION OF APPLICATION AND 1977 (7 U.S.C. 2026) is amended by adding at preceding the date on which cash assistance VERIFICATION PROCESS.— the end the following: is terminated, adjusted for— ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(l) INNOVATIVE OUT-OF-OFFICE APPLICA- ‘‘(A) the change in household income as a vide the Federal shares of funds to States to TION AND PARTICIPATION STRATEGIES.— result of the termination of cash assistance; carry out pilot projects under paragraph (2) ‘‘(1) IN GENERAL.—The Secretary shall con- and to improve the application and verification duct demonstration projects to evaluate the ‘‘(B) any changes in circumstances that process for low-income working households feasibility and desirability of allowing eligi- may result in an increase in the food stamp to participate in the food stamp program. ble households to participate in the food allotment of the household and that the ‘‘(2) ELIGIBLE PROJECTS.— stamp program through the use of the Inter- household elects to report (as verified in ac- ‘‘(A) INTER-PROGRAM APPLICATION PROC- net and telephones instead of through in-of- cordance with standards established by the ESS.— fice visits and interviews. Secretary). ‘‘(i) APPLICATION AT ONE-STOP DELIVERY ‘‘(2) PREFERENCES.—The Secretary shall ‘‘(4) DETERMINATION OF FUTURE ELIGI- CENTERS.—The Secretary shall provide fund- provide a preference under this subsection to BILITY.—In the final month of the transi- ing to not more than 5 States to conduct projects that— tional benefits period under paragraph (2), pilot projects to improve inter-program co- ‘‘(A)(i) are conducted in rural areas; or the State agency may— ordination by co-locating employees and ‘‘(ii) serve eligible households in remote lo- ‘‘(A) require a household to cooperate in a automated systems necessary to accept com- cations; and redetermination of eligibility to receive un- plete initial processing of applications for ‘‘(B) are collaborative efforts between interrupted benefits after the transitional assistance under this Act at centers in one- State agencies and nonprofit community benefits period; and stop delivery systems established under sec- groups. ‘‘(B) renew eligibility for a new certifi- tion 134(c) of the Workforce Investment Act ‘‘(m) GRANTS FOR PARTNERSHIPS AND TECH- cation period for the household without re- of 1998 (29 U.S.C. 2864(c)). NOLOGY.— gard to whether the previous certification ‘‘(ii) APPLICATION FOR ASSISTANCE UNDER ‘‘(1) IN GENERAL.—The Secretary shall pro- period has expired. MEDICAID/SCHIP.—The Secretary shall provide vide grants to State agencies and nonprofit ‘‘(5) LIMITATION.—A household sanctioned funding to not more than 5 States to conduct organizations to conduct projects to improve under section 6 shall not be eligible for tran- pilot projects to improve inter-program co- access to the food stamp program through sitional benefits under this subsection.’’. ordination by co-locating employees and partnerships and innovative technology. (b) CONFORMING AMENDMENTS.— automated systems necessary to accept com- ‘‘(2) PRIORITY.—In providing grants under (1) Section 3 of the Food Stamp Act of 1977 plete initial processing of applications for this subsection, the Secretary shall give pri- (7 U.S.C. 2012) is amended by striking sub- assistance under this Act at locations where ority to projects that focus on households section (c) and inserting the following: applications are received for assistance with low food stamp participation. ‘‘(c) CERTIFICATION PERIOD.— under titles XIX and XXI of the Social Secu- ‘‘(n) GRANTS FOR COMMUNITY PARTNERSHIPS ‘‘(1) IN GENERAL.—‘Certification period’ rity Act (42 U.S.C. 1396 et seq. and 1397aa et AND INNOVATIVE OUTREACH STRATEGIES.— means the period for which households shall seq.). ‘‘(1) ESTABLISHMENT.—The Secretary shall be eligible to receive benefits under this Act. ‘‘(B) INTER-PROGRAM VERIFICATION PROC- establish a program to award grants to eligi- ‘‘(2) DURATION.— ESS.— ble organizations described in paragraph ‘‘(A) IN GENERAL.—A certification period ‘‘(i) IN GENERAL.—The Secretary shall pro- (2)— shall not exceed 12 months, except that— vide funding to not more than 5 States to ‘‘(A) to develop and test innovative strate- ‘‘(i) a certification period may be up to 24 conduct pilot projects to reduce administra- gies to ensure that low-income needy eligible months if all adult household members are tive burdens on low-income working house- households that contain 1 or more members elderly or disabled; and holds by coordinating, to the maximum ex- that are former or current recipients of bene- ‘‘(ii) a certification period may be extended tent practicable, verification practices under fits under a State program established under during the transitional benefits period under this Act and verification practices under ti- part A of title IV of the Social Security Act section 11(s). tles XIX and XXI of the Social Security Act (42 U.S.C. 601 et seq.) continue to receive ‘‘(B) EXTENSION.—The certification period (42 U.S.C. 1396 et seq. and 1397aa et seq.). benefits under this Act if the households may be extended to the end of a transitional ‘‘(ii) ELIGIBILITY.—To be eligible to con- meet the requirements of this Act; benefits period established by a State under duct a pilot project under clause (i), a State ‘‘(B) to help ensure that households that section 11(s). must have an automation system with the have applied for benefits under a State pro- ‘‘(3) CONTACT.—A State agency shall have capacity to verify through electronic records gram established under part A of title IV of at least 1 contact with each certified house- the most common sources of incomes under the Social Security Act, but that did not re- hold— this Act and titles XIX and XXI of the Social ceive the benefits because of State require- ‘‘(A) at least once every 12 months; or Security Act. ments or ineligibility for the benefits, are ‘‘(B) in a case in which the household is in ‘‘(iii) ADMINISTRATION.—The Secretary and aware of the availability of, and are provided a transitional benefits period under section the Secretary of Health and Human Services assistance in receiving, benefits under this

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.033 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2667 Act if the households meet the requirements SEC. 8. AUTHORIZATION OF APPROPRIATIONS of his law class at Howard University, of this Act; FOR ADDITIONAL COMMODITIES charted a course in the courts that led UNDER EMERGENCY FOOD ASSIST- ‘‘(C) to conduct outreach to households the way for the Civil Rights Movement with earned income that is at or above the ANCE PROGRAM. income eligibility limits for benefits under a Section 214 of the Emergency Food Assist- to put an end to the segregation that State program established under part A of ance Act of 1983 (7 U.S.C. 7515) is amended by had plagued our country for so long. title IV of the Social Security Act if the adding at the end the following: Thurgood Marshall will always be households meet the requirements of this ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— our nation’s preeminent civil rights Act; and ‘‘(1) IN GENERAL.—In addition to any other lawyer. He won 29 of the 32 cases he ar- ‘‘(D) to conduct outreach to households funds that are made available to carry out gued before the Supreme Court. During with children if the households meet the re- this section, there are authorized to be ap- propriated to purchase and make available his time with the NAACP, he argued quirements of this Act. one of the hallmark court cases of our ‘‘(2) ELIGIBLE ORGANIZATIONS.— additional commodities under this section time, Brown v. Board of Education, ‘‘(A) IN GENERAL.—Grants under paragraph $20,000,000 for each of fiscal years 2002 (1) may be provided to— through 2006. which declared segregation illegal. ‘‘(i) food banks, food rescue organizations, ‘‘(2) DIRECT EXPENSES.—Not less than 50 For those of us who were alive then, faith-based organizations, and other organi- percent of the amount made available under we will forever have etched in our con- zations that supply food to low-income paragraph (1) shall be used to pay direct ex- sciousness images of the Little Rock households; penses (as defined in section 204(a)(2)) in- Nine, and the sheer courage of those ‘‘(ii) schools, school districts, health clin- curred by emergency feeding organizations children who would not be deterred to distribute additional commodities to ics, non-profit day care centers, Head Start from their efforts to integrate Central agencies under the Head Start Act (42 U.S.C. needy persons.’’. 9831 et seq.), Healthy Start agencies under High School. As foot soldiers of the section 301 of the Public Health Service Act By Mrs. CLINTON (for herself, first true test of Brown v. Board of (42 U.S.C. 241), and State agencies and local Mr. WELLSTONE, and Mr. DODD): Education, the Little Rock Nine will agencies providing assistance under the spe- S. 584. A bill to designate the United always be American heroes. And so will cial supplemental nutrition program for States courthouse located at 40 Centre Thurgood Marshall, whose brilliance women, infants, and children established Street in New York, New York, as the and persistence in the courtroom made under section 17 of the Child Nutrition Act of ‘‘Thurgood Marshall United States possible the eventual success of the 1966 (42 U.S.C. 1786); ‘‘(iii) local agencies that operate child nu- Courthouse’’; to the Committee on En- civil rights movement, as it took root trition programs (as those terms are defined vironment and Public Works. in small towns and large cities all in section 25(b) of the Richard B. Russell Na- Mrs. CLINTON. Mr. President, it is across America. tional School Lunch Act (42 U.S.C. 1769f(b)); an honor to be here today in order to Thurgood Marshall was a role model and join my colleague Congressman ELIOT to all who knew him in the way that he ‘‘(iv) other organizations designated by the ENGEL and other members of the New carried himself and treated his cowork- Secretary York Delegation in introducing a bill ers and friends. He was known for his ‘‘(B) GEOGRAPHICAL DISTRIBUTION OF RECIPI- that would designate the U.S. Court- casualness, and his ability to put peo- ENTS.— ple at ease. And he enjoyed life—his ‘‘(i) IN GENERAL.— Subject to clause (ii), house situated at 40 Centre Street in the Secretary shall select, from all eligible New York City the Thurgood Marshall son, Thurgood Marshall, Jr., has shared applications, at least 1 recipient to receive a United States Courthouse. with me the love his father held for grant under this subsection from— The courthouse on 40 Centre Street is New York City and the joy he found ‘‘(I) each region of the Department of Agri- the site where Thurgood Marshall there. I had the privilege of attending culture; and served from 1961 to 1965 during his ten- his memorial service, and saw that 85 ‘‘(II) in addition to recipients selected ure on the U.S. Second Circuit Court of of his former law clerks were there. under subclause (I), each rural or urban area This is a great testament to Thurgood determined to be appropriate by the Sec- Appeals. For over 30 years of his life, retary. Thurgood Marshall worked in New Marshall, and I believe they, and all ‘‘(ii) EXCEPTION.—The Secretary shall not York, first as chief counsel of the the good works they do, may be one of be required to award grants based on the NAACP, and later as a Justice on the his greatest legacies. geographical guidelines under clause (i) to Second Circuit Court of Appeals. New Yorkers will be proud to have a the extent that the Secretary determines President Kennedy nominated courthouse named after a man who that an insufficient number of eligible grant Thurgood Marshall to serve on the fed- committed himself to attaining equal applications has been received. eral bench in a recess appointment—at opportunity for every American. For ‘‘(3) CRITERIA.—The Secretary shall de- velop criteria for awarding grants under the time there was resistance to an Af- many years of his life, Thurgood Mar- paragraph (1) that are based on— rican American being named to the shall was denied access to the institu- ‘‘(A) the demonstrated record of an organi- federal appeals court. Robert Kennedy tions, restaurants and hotels in New zation in serving low-income households; was Thurgood Marshall’s sponsor, and York City and elsewhere. But he al- ‘‘(B) the ability of an organization to reach sat beside him in a show of support ways found an open door at the court- hard-to-serve households; throughout his confirmation hearing. house, and he never gave up on his be- ‘‘(C) the level of innovation in the pro- The Senate eventually confirmed his lief that he could right the nation’s posals submitted in the application of an or- wrongs through the courts. There could ganization for a grant; and nomination. ‘‘(D) the development of partnerships be- Later, President Johnson went on to not be a more fitting tribute than to tween the public and private sector entities name Justice Marshall Solicitor Gen- name a courthouse in New York City, a and the community. eral of the United States, and then to city at the forefront of so many na- ‘‘(4) ADMINISTRATION.— nominate him as the first African tional and global movements, after ‘‘(A) ADMINISTRATIVE COSTS.—Not more American to serve on the United States Thurgood Marshall, an American hero than 5 percent of the funds made available Supreme Court. There, he became one and visionary whose work embodies the for the grant program under paragraph (5) of the most influential and respected spirit of our country. shall be used by the Secretary for adminis- justices of this past century. In a trib- I ask unanimous consent that the trative costs incurred in carrying out this text of the bill be printed in the subsection. ute to Justice Marshall, Chief Justice ECORD ‘‘(B) PROGRAM EVALUATIONS.— Rehnquist said: R . ‘‘(i) IN GENERAL.—The Secretary shall con- Inscribed above the front entrance to the There being no objection, the mate- duct evaluations of programs funded by Supreme Court building are the words rial was ordered to be printed in the grants under this subsection. ‘‘Equal Justice Under Law.’’ Surely, no one RECORD, as follows: ‘‘(ii) LIMITATION.—Not more than 20 per- individual did more to make these words a S. 584 cent of funds made available for the grant reality than Thurgood Marshall. Be it enacted by the Senate and House of Rep- program under paragraph (5) shall be used It is amazing to think that a little resentatives of the United States of America in for program evaluations under clause (i). boy who grew up under the iron grip of Congress assembled, ‘‘(5) FUNDING.—Of funds made available Jim Crow, a talented student who was SECTION 1. DESIGNATION OF THURGOOD MAR- under section 18 for each of fiscal years 2001 SHALL UNITED STATES COURT- and 2002, the Secretary shall use $10,000,000 denied admission to the University of HOUSE. to carry out the grant program under this Maryland’s Law School because of his The United States courthouse located at 40 subsection.’’. race and went on to graduate at the top Centre Street in New York, New York, shall

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.033 pfrm03 PsN: S21PT1 S2668 CONGRESSIONAL RECORD — SENATE March 21, 2001 be known and designated as the ‘‘Thurgood succeeded despite the predictions of sponsibilities as mandated in Chile’s Marshall United States Courthouse’’. some that America could not compete Constitution. American investment SEC. 2. REFERENCES. in today’s global economy. and trade cay play a critical role in Any reference in a law, map, regulation, As I said last year, with the success building on Chile’s political and eco- document, paper, or other record of the of NAFTA as a backdrop, it is now high nomic successes. United States to the United States court- time to move forward and expand the house referred to in section 1 shall be deemed It is unrealistic to think that the to be a reference to the Thurgood Marshall free trade zone to other countries in President will have the ability to nego- United States Courthouse. our hemisphere. To help accomplish tiate a free trade agreement without The PRESIDING OFFICER. The Sen- that important goal, my legislation fast track authority. Nor should we ask ator from Connecticut. will authorize and enable the President Chilean authorities to conduct negotia- Mr. DODD. Mr. President, I commend to move forward with negotiations on a tions under such circumstances. There- my colleagues from New York and our free trade agreement with Chile. fore, the bill I am introducing today President Bush has stated time and colleagues in the House, Congressman will provide President Bush with a lim- again that he wants to increase ties ENGEL, for their introduction of this ited fast track authority which will with Latin America and more fully en- bill. I compliment my friend from New apply only to this specific treaty. I be- gage our neighbors to the South. West- York for her wonderful remarks about lieve that fast track is key to enabling ern Hemisphere trade ministers are Thurgood Marshall, who has been an the President to negotiate the most ad- planning to develop a draft proposal for inspiration for a generation of us who vantageous trade agreements, and a Free Trade Area of the Americas at grew up watching him change the law should therefore be re-authorized. At their ministerial meeting in Buenos of this country, making a difference in this point, however, there are stum- Aires in April. This draft will then be the lives of millions and millions of bling blocks we must surmount before considered by Western Hemisphere people but also for generations to generic fast track can be re-authorized. leaders at the third Summit of the come, who will remember and reflect Those stumbling blocks should not be Americas in Quebec City at the end of on his work as an inspiration in their allowed to stand in the way of free that month. I hope that this summit time to redress the wrongs of their age. trade with Chile. It is appropriate, proper, and fitting bears fruit. Indeed, I have been work- Naysayers claim that free trade that this building in New York that ing toward a free trade agreement of prompts American business to move houses the Federal judiciary be named the Americas for many years. We overseas and costs American workers for such an inspiring figure of our should quickly take the first step to- their jobs. They will tell you that times. ward economic integration with our I commend the Senator from New Southern neighbors by including Chile, America, the Nation with the largest York for offering this, for her words who has been in negotiations to join and strongest economy, the best work- today, and my compliments to NAFTA since early January, in our ers, and the greatest track record of in- Thurgood Marshall’s family. Thurgood North American trade agreement. novation cannot compete with other Marshall, Jr. has been a great friend to Chile is surely worthy of membership nations. in NAFTA. In fact, Chile has already many of us here and has been a wonder- The past 61⁄2 years since we ratified ful public servant in his own right. He signed a free trade agreement with NAFTA have proven them wrong. carries on the great tradition his fa- Canada in 1996. And, in addition, Chile Today, tariffs are down and exports are ther carried as a judge and Member of has also put in place a free trade agree- up. The environment in North America the U.S. Supreme Court. ment with Mexico. After a brief slow- is cleaner. Most importantly, NAFTA I ask unanimous consent I be allowed down last year, today the Chilean econ- has created 710,000 new American jobs to be a cosponsor of this bill. omy is growing at a healthy annual all across the Nation. rate of more than 6 percent. Chile is The PRESIDING OFFICER. Without The many successes of NAFTA are an objection, it is so ordered. noted for its concern for preserving the environment, and has put in place envi- indication of the potential broader free The Senator from Minnesota. trade agreements hold for our econ- Mr. WELLSTONE. Mr. President, I ronmental protections that are laud- omy. Furthermore, trade and economic thank Senator CLINTON for her words able. Chile’s fiscal house is in order as relationships foster American influ- about Thurgood Marshall. I certainly evidenced by a balanced budget, strong ence and support our foreign policy. In also would like to be a cosponsor of currency, strong foreign reserves, and other words, this bill represents new this. I recommend on the floor of the continued inflows of foreign capital, in- American jobs in every state in the na- Senate, if it is appropriate, Juan Wil- cluding significant direct investment. tion, a stronger American economy and liams’ wonderful biography of In addition, Chile has already em- greater American influence in our own Thurgood Marshall that I read about 6 braced the ideals of free trade. Since Hemisphere. I urge my colleagues to months ago, which was a very inspiring 1998, the Chilean tariff on goods from support this bill. biography because it was about such an countries with which Chile does not inspiring civil rights leader and great yet have a free trade agreement has judge. fallen from 11 percent to 8 percent. By Mr. CONRAD (for himself, Mr. I thank the Senator from New York That tariff is scheduled to continue to THOMAS, Mr. DASCHLE, Mr. for her remarks. fall by a point a year until it reaches 6 JOHNSON, and Mr. ROBERTS): percent in 2003. While some goods are S. 587. A bill to amend the Public By Mr. DODD: still assessed at a higher rate, the Health Service Act and title XVIII of S. 586. A bill to authorize negotiation United States does a brisk export busi- the Social Security Act to sustain ac- for the accession of Chile to the North ness to Chile, sending approximately cess to vital emergency medical serv- American Free Trade Agreement, to $3.6 billion in American goods to that ices in rural areas; to the Committee provide for fast track consideration, South American nation. That rep- on Finance. and for other purposes; to the Com- resents 24 percent of Chile’s imports. mittee on Finance. That $3.6 billion in exports represents Mr. CONRAD. Mr. President, today I Mr. DODD. Mr. President, I rise thousands of American jobs across the am introducing the Sustaining Access today to reintroduce legislation I au- Nation. to Vital Emergency Medical Services thored last year to enable the Presi- Our firm belief in the importance of Act of 2001. This bill would take impor- dent to admit Chile into NAFTA. Near- democracy continues to drive our for- tant steps to strengthen the emergency ly 6 years ago, a bipartisan majority of eign policy. After seventeen years of medical service system in rural com- this body ratified the North American dictatorship, Chile returned to the munities and across the Nation. Free Trade Agreement. Since then the family of democratic nations following Across America, emergency medical promises of new jobs, increased ex- the 1988 plebiscite. Today, the Presi- care reduces human suffering and saves ports, lower tariffs and a clearer envi- dent and the legislature are both popu- lives. According to recent statistics, ronment have all been realized. In larly elected and the Chilean armed the average U.S. citizen will require other words, Mr. President, NAFTA has forces effectively carry out their re- the services of an ambulance at least

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.040 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2669 twice during his or her life. As my col- did not include ambulance services ees can use these funds for recruiting leagues surely know, delays in receiv- within the definition of ‘‘emergency volunteers, training emergency per- ing care can mean the difference be- services.’’ Because of this oversight, sonnel, using new technologies to edu- tween illness and permanent injury, be- ambulance providers are sometimes cate providers, acquiring EMS vehicles tween life and death. In rural commu- left in the difficult position of pro- such as ambulances and acquiring nities, which often lack access to local viding services to individuals who, by emergency medical equipment. I think health care services, the need for reli- any rational review, appear to need im- it is important to note that all of the able EMS is particularly critical. mediate medical attention. However, above eligible uses of funds were pri- Over the next few decades, the need when it is later determined that the ority concerns of State EMS Directors for quality emergency medical care in patient’s symptoms were the result of in a recently conducted Rural EMS rural areas is projected to increase as heartburn, for example, rather than a Survey with recruitment and retention the elderly population in these commu- serious heart condition, the ambulance ranking as number one. nities continues to rise. Unfortunately, provider is denied payment for serv- The second part of this legislation while the need for effective EMS sys- ices. This is simply unfair. applies the prudent layperson standard tems may increase, we have seen the While it is certainly important that for emergency services currently used number of individuals able to provide EMS providers take care not to provide in hospital emergency rooms to ambu- these services decline. Nationwide, the unnecessary services, it is unfair to lance services. This provision will as- majority of emergency medical per- deny ambulance providers payment sist ambulance providers in collecting sonnel are unpaid volunteers. As rural when they provide immediate emer- payments for transporting patients to economies continue to suffer, and indi- gency services to individuals who ap- the hospital after answering a 911 call viduals have less and less time to de- pear tin serious need of medical care. regardless of the final diagnosis. This vote to volunteering, it has become in- In my State, EMS providers are oper- is a common sense approach and en- creasingly difficult for rural EMS ating on tight budgets and cannot af- sures that all aspects of emergency squads to recruit and retain personnel. ford to provide high levels of uncom- care are operating under the same defi- In my State of North Dakota, this phe- pensated care. To ensure EMS services nition of emergency. nomenon has resulted in a sharp reduc- remain available, particularly in un- I believe this legislation is an impor- tion in EMS squad size. In 1980, on av- derserved rural areas, we must ensure tant part of ensuring rural residents erage there were 35 members per EMS that EMS providers are appropriately have access to emergency services. It is squad; today, the average squad size reimbursed for the care they provide to also flexible so communities can decide has plummeted to 12 individuals per our communities. For this reason, my for themselves what is their most im- unit. I am concerned that continued re- legislation would revise the ‘‘prudent minent EMS need. Our bill is supported ductions in EMS squad size could jeop- layperson’’ definition to include ambu- by the National Association of State ardize rural residents’ access to needed lance services. This change will ensure EMS Directors, the National Rural medical services. that ambulance providers who provide Health Association and the American For this reason, the legislation I am care in situations where a responsible Ambulance Association. I strongly introducing today includes measures to observer would deem this care medi- urge all my colleagues interested in help communities recruit, retain, and cally necessary receive reimbursement rural health to consider cosponsoring train EMS providers. My bill would es- under traditional Medicare, ‘‘The Sustaining Access to Vital Emer- tablish a Rural Emergency Medical Medicare+Choice, and Medicaid man- gency Medical Services Act of 2001.’’ Services Training and Equipment As- aged care. sistance program. This program would It is my hope that the Sustaining Ac- By Mr. JEFFORDS (for himself, authorize $50 million in grant funding cess to Vital Emergency Medical Serv- Mr. BREAUX, Mr. FRIST, Mrs. for fiscal years 2002–2007, which could ices Act will help ensure EMS pro- LINCOLN, Ms. SNOWE, Mr. be used in rural EMS squads to meet viders can continue providing quality CHAFEE, and Mr. CARPER): various personnel needs. For example, medical care to our communities. I am S. 590. A bill to amend the Internal this funding could help cover the costs happy to say that this legislation is Revenue Code of 1986 to allow a refund- of training volunteers in emergency re- supported by the National Association able tax credit for health insurance sponse, injury prevention, and safety of State EMS Directors, the National costs, and for other purposes; to the awareness; volunteers could also access Rural Health Association, and the Committee on Finance. this funding to help meet the costs of American Ambulance Association. I am Mr. JEFFORDS. Mr. President, obtaining State emergency medical also pleased that Senators THOMAS, today, I am pleased to join with my certification. In addition, EMS squads DASCHLE, JOHNSON, and others are join- colleagues in introducing the Relief, would be offered the flexibility to use ing me in this effort. I urge my col- Equity, Access, and Coverage for grant funding to acquire new equip- leagues to support this important piece Health, REACH, Act, a bipartisan bill ment, such as cardiac defibrillators. of legislation. that will provide low and middle in- This is particularly important for rural Mr. THOMAS. Mr. President, I am come Americans with refundable tax squads that have difficulty affording pleased to rise today to introduce ‘‘The credits for the purchase of health in- state-of-the-art equipment that is Sustaining Access to Vital Emergency surance coverage. needed for stabilizing patients during Medical Services Act of 2001’’ with Sen- New Census Bureau data indicate long travel times between the rural ac- ators CONRAD, DASCHLE, ROBERTS and that there are now 43 million Ameri- cident site and the nearest medical fa- JOHNSON. As with all rural health legis- cans with no health coverage. And, for cility. This grant funding could also be lation I have worked on, I am proud of the third straight year, insurance pre- used to provide community education the bipartisan effort behind this bill. miums for employer-sponsored cov- training in CPR, first aid or other ‘‘The Sustaining Access to Vital erage have increased significantly, by emergency medical needs. Emergency Medical Services Act of as much as 10 to 13 percent. We know In addition, this legislation takes 2001’’ will provide assistance to rural from past experience that premium in- steps to help ensure emergency med- providers to maintain access to impor- creases cause people to lose their ical providers are fairly reimbursed for tant emergency medical services, EMS. health insurance. By some estimates, ambulance services provided to Medi- This legislation is necessary because as many as 3 million Americans will care, Medicare+Choice, and Medicaid rural EMS providers are primarily vol- lose coverage for every 10 percent in- managed care beneficiaries. As you unteers who have difficulty recruiting, crease in premiums. may know, the Balanced Budget Act retaining and educating EMS per- With premiums increasing and the required that Medicare+Choice and sonnel. Rural EMS providers also have economy uncertain, the problem could Medicaid managed care plans provide less capital to buy and upgrade essen- worsen. The impact of these numbers is payment for emergency services that a tial, life-saving equipment. very real for American families. The ‘‘prudent layperson’’ would determine The first section of this legislation is uninsured often go without needed are medically needed. However, regula- the authorization of an annual $50 mil- health care or face unaffordable med- tions implementing this requirement lion competitive grant program. Grant- ical bills. Access to health coverage for

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.043 pfrm03 PsN: S21PT1 S2670 CONGRESSIONAL RECORD — SENATE March 21, 2001 the uninsured must be one of our na- Revenue Code of 1986 (relating to refundable ‘‘(1) IN GENERAL.—The term ‘coverage tion’s top priorities. personal credits) is amended by redesig- month’ means, with respect to an individual, The REACH tax credit is targeted to nating section 35 as section 36 and inserting any month if— those who are most in need of help, after section 34 the following new section: ‘‘(A) as of the first day of such month such individual is covered by qualified health in- Americans who earn too much to qual- ‘‘SEC. 35. HEALTH INSURANCE COSTS. surance, and ify for public programs, but neverthe- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of ‘‘(B) the premium for coverage under such less struggle to pay for health insur- an individual, there shall be allowed as a insurance, or any portion of the premium, ance. Without additional resources, credit against the tax imposed by this sub- for such month is paid by the taxpayer. health insurance coverage is either be- title for the taxable year an amount equal to ‘‘(2) EXCLUSION OF MONTHS IN WHICH INDI- yond their reach or only purchased by the amount paid by the taxpayer during the VIDUAL IS ELIGIBLE FOR COVERAGE UNDER CER- giving up other basic necessities of life. taxable year for qualified health insurance TAIN HEALTH PROGRAMS.—Such term shall for the taxpayer and the taxpayer’s spouse not include any month during a taxable year The REACH Act makes a refundable and dependents. tax credit available to more than 20 with respect to an individual if, as of the ‘‘(b) LIMITATIONS.— first day of such month, such individual is million Americans who do not have ac- ‘‘(1) MAXIMUM DOLLAR AMOUNT.— eligible— cess to employer-sponsored insurance ‘‘(A) IN GENERAL.—The amount allowed as ‘‘(A) for any benefits under title XVIII of and who are ineligible for public pro- a credit under subsection (a) to the taxpayer the Social Security Act, grams. The amount of the credit for for the taxable year shall not exceed the sum ‘‘(B) to participate in the program under this group is $1,000 for individuals with of the monthly limitations for coverage title XIX or XXI of such Act. adjusted gross incomes of up to $35,000 months during such taxable year. ‘‘(C) for benefits under chapter 17 of title to purchase self-only coverage, and ‘‘(B) MONTHLY LIMITATION.—The monthly 38, United States Code, $2,500 for taxpayers with an AGI of up limitation for each coverage month during ‘‘(D) for benefits under chapter 55 of title the taxable year is the amount equal to 1⁄12 10, United States Code, to $55,000 to purchase family coverage. of— ‘‘(E) to participate in the program under We also want to help hard working ‘‘(i) in the case of self-only coverage, $1,000, chapter 89 of title 5, United States Code, or Americans who have access to em- and any similar program for State or local gov- ployer-subsidized insurance, but have ‘‘(ii) in the case of family coverage, $2,500. ernment employees, or difficulty paying for their share of the ‘‘(C) LIMITATION FOR EMPLOYEES WITH EM- ‘‘(F) for benefits under any medical care premiums. Over 7 million Americans PLOYER SUBSIDIZED COVERAGE.—In the case of program under the Indian Health Care Im- decline insurance offered by their em- an individual who is eligible to participate in provement Act or any other provision of law. ployers. To relieve their financial bur- any subsidized health plan (within the mean- ‘‘(3) EXCLUSION OF MONTHS IN WHICH INDI- den, the REACH Act provides a refund- ing of section 162(l)(2)) maintained by any VIDUAL IS IMPRISONED.—Such term shall not employer of the taxpayer or of the spouse of include any month with respect to an indi- able tax credit of $400 for the purchase the taxpayer for any coverage month, sub- vidual if, as of the first day of such month, of self-only coverage and $1,000 for the paragraph (B) shall be applied by sub- such individual is imprisoned under Federal, purchase of family coverage under the stituting ‘$400’ for ‘$1,000’ and ‘$1,000’ for State, or local authority. employer’s group health plan. ‘$2,500’ for such month. ‘‘(d) QUALIFIED HEALTH INSURANCE.—For Initial estimates indicate this legis- ‘‘(2) PHASEOUT OF CREDIT.— purposes of this section, the term ‘qualified lation will provide coverage to more ‘‘(A) IN GENERAL.—The amount which health insurance’ means health insurance than 10 million Americans who are would (but for this paragraph) be taken into coverage (as defined in section 9832(b)(1)), in- presently uninsured. In addition, it will account under subsection (a) shall be reduced cluding coverage under a COBRA continu- (but not below zero) by the amount deter- give needed financial relief to over 60 ation provision (as defined in section mined under subparagraph (B). 9832(d)(1)). million low and moderate income ‘‘(B) AMOUNT OF REDUCTION.—The amount working Americans who are using their determined under this subparagraph is the ‘‘(e) MEDICAL SAVINGS ACCOUNT CONTRIBU- own scarce dollars to buy health insur- amount which bears the same ratio to the TIONS.— ance coverage today. amount which would be so taken into ac- ‘‘(1) IN GENERAL.—If a deduction would (but The REACH Act provides a bipar- count for the taxable year as— for paragraph (2)) be allowed under section 220 to the taxpayer for a payment for the tisan, market-based solution to a com- ‘‘(i) the excess of— ‘‘(I) the taxpayer’s modified adjusted gross taxable year to the medical savings account plex problem. It will bolster the private of an individual, subsection (a) shall be ap- health insurance market and strength- income for the preceding taxable year, over ‘‘(II) $35,000 ($55,000 in the case of family plied by treating such payment as a payment en employer-sponsored coverage, the coverage), bears to for qualified health insurance for such indi- cornerstone of our nation’s health care ‘‘(ii) $10,000. vidual. ‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc- system. While this legislation will not ‘‘(C) MODIFIED ADJUSTED GROSS INCOME.— solve the entire problem, it is clearly a The term ‘modified adjusted gross income’ tion shall be allowed under section 220 for substantial step in the right direction. means adjusted gross income determined— that portion of the payments otherwise al- lowable as a deduction under section 220 for I will continue to work with my col- ‘‘(i) without regard to this section and sec- tions 911, 931, and 933, and the taxable year which is equal to the leagues to tackle this problem on other amount of credit allowed for such taxable fronts, including strengthening the ‘‘(ii) after application of sections 86, 135, 137, 219, 221, and 469. year by reason of this subsection. safety net, working to make Medicaid ‘‘(3) COORDINATION WITH DEDUCTION FOR ‘‘(f) SPECIAL RULES.— and SCHIP more effective programs, HEALTH INSURANCE COSTS OF SELF-EMPLOYED ‘‘(1) COORDINATION WITH MEDICAL EXPENSE and fighting to provide a prescription INDIVIDUALS.—In the case of a taxpayer who DEDUCTION.—The amount which would (but drug benefit for Medicare beneficiaries. is eligible to deduct any amount under sec- for this paragraph) be taken into account by I look forward to working with my tion 162(l) for the taxable year, this section the taxpayer under section 213 for the tax- colleagues on enacting the REACH Act shall apply only if the taxpayer elects not to able year shall be reduced by the credit (if into law this year. I ask unanimous claim any amount as a deduction under such any) allowed by this section to the taxpayer consent that the text of the bill be section for such year. for such year. ‘‘(4) INFLATION ADJUSTMENT.— ‘‘(2) DENIAL OF CREDIT TO DEPENDENTS.—No printed in the RECORD. ‘‘(A) IN GENERAL.—In the case of any tax- credit shall be allowed under this section to There being no objection, the bill was able year beginning after 2002, each of the any individual with respect to whom a de- ordered to be printed in the RECORD, as dollar amounts referred to in paragraphs duction under section 151 is allowable to an- follows: (1)(B), (1)(C), and (2)(B) shall be increased by other taxpayer for a taxable year beginning S. 590 an amount equal to— in the calendar year in which such individ- Be it enacted by the Senate and House of Rep- ‘‘(i) such dollar amount, multiplied by ual’s taxable year begins. resentatives of the United States of America in ‘‘(ii) the cost-of-living adjustment deter- ‘‘(3) COORDINATION WITH ADVANCE PAY- Congress assembled, mined under section (1)(f)(3) for the calendar MENT.—Rules similar to the rules of section SECTION 1. SHORT TITLE. year in which the taxable year begins, by 32(g) shall apply to any credit to which this This Act may be cited as the ‘‘Relief, Eq- substituting ‘2001’ for ‘1992’. section applies. uity, Access, and Coverage for Health ‘‘(B) ROUNDING.—If any amount as adjusted ‘‘(g) EXPENSES MUST BE SUBSTANTIATED.— (REACH) Act’’. under subparagraph (A) is not a multiple of A payment for insurance to which subsection SEC. 2. REFUNDABLE HEALTH INSURANCE COSTS $50, such amount shall be rounded to the (a) applies may be taken into account under CREDIT. nearest multiple of $50. this section only if the taxpayer substan- (a) IN GENERAL.—Subpart C of part IV of ‘‘(c) COVERAGE MONTH DEFINED.—For pur- tiates such payment in such form as the Sec- subchapter A of chapter 1 of the Internal poses of this section— retary may prescribe.

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.121 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2671

‘‘(h) REGULATIONS.—The Secretary shall make a return under subsection (a) shall fur- (2) Paragraph (2) of section 1324(b) of title prescribe such regulations as may be nec- nish to each individual whose name is re- 31, United States Code, is amended by insert- essary to carry out the purposes of this sec- quired under subsection (b)(2)(A) to be set ing before the period ‘‘, or from section 35 of tion, including regulations under which— forth in such return a written statement such Code’’. ‘‘(1) an awareness campaign is established showing— (3) The table of sections for subpart C of to educate the public, employers, insurance ‘‘(1) the name and address of the person re- part IV of subchapter A of chapter 1 of the issuers, and agents or others who market quired to make such return and the phone Internal Revenue Code of 1986 is amended by health insurance about the requirements and number of the information contact for such striking the last item and inserting the fol- procedures under this section, including— person, lowing new items: ‘‘(A) criteria for insurance products and ‘‘(2) the aggregate amount of payments de- ‘‘Sec. 35. Health insurance costs. group health coverage which constitute scribed in subsection (a) received by the per- qualified health insurance under this sec- son required to make such return from the ‘‘Sec. 36. Overpayments of tax.’’. tion, individual to whom the statement is re- (4) The table of sections for subchapter B ‘‘(B) procedures by which employers who quired to be furnished, of chapter 75 of the Internal Revenue Code of do not offer health insurance coverage to ‘‘(3) the information required under sub- 1986 is amended by adding at the end the fol- their employees may assist such employees section (b)(2)(B) with respect to such pay- lowing new item: in securing qualified health insurance, and ments, and ‘‘(4) the qualified health insurance credit ‘‘Sec. 7276. Penalties for offenses relating to ‘‘(C) guidelines for marketing schemes and health insurance tax credit.’’. practices which are appropriate and accept- advance amount (as defined in section able in connection with the credit under this 7527(e)) received by such person with respect (e) EFFECTIVE DATES.— section, and to the individual described in paragraph (2). (1) IN GENERAL.—Except as provided in ‘‘(2) periodic reviews or audits of health in- The written statement required under the paragraph (2), the amendments made by this surance policies and group health plans (and preceding sentence shall be furnished on or section shall apply to taxable years begin- related promotional marketing materials) before January 31 of the year following the ning after December 31, 2001. which are marketed to eligible taxpayers calendar year for which the return under (2) PENALTIES.—The amendments made by under this section are conducted for the pur- subsection (a) is required to be made. subsections (c) and (d)(4) shall take effect on pose of determining— ‘‘(e) RETURNS WHICH WOULD BE REQUIRED the date of the enactment of this Act. ‘‘(A) whether such policies and plans con- TO BE MADE BY 2 OR MORE PERSONS.—Except SEC. 3. ADVANCE PAYMENT OF CREDIT TO stitute qualified health insurance under this to the extent provided in regulations pre- ISSUERS OF QUALIFIED HEALTH IN- SURANCE. section, and scribed by the Secretary, in the case of any (a) IN GENERAL.—Chapter 77 of the Internal ‘‘(B) whether offenses described in section amount received by any person on behalf of another person, only the person first receiv- Revenue Code of 1986 (relating to miscella- 7276 occur.’’. neous provisions) is amended by adding at (b) INFORMATION REPORTING.— ing such amount shall be required to make the return under subsection (a).’’. the end the following new section: (1) IN GENERAL.—Subpart B of part III of subchapter A of chapter 61 of such Code (re- (2) ASSESSABLE PENALTIES.— ‘‘SEC. 7527. ADVANCE PAYMENT OF HEALTH IN- (A) Subparagraph (B) of section 6724(d)(1) SURANCE CREDIT TO ISSUERS OF lating to information concerning trans- QUALIFIED HEALTH INSURANCE. actions with other persons) is amended by of such Code (relating to definitions) is amended by redesignating clauses (xi) ‘‘(a) GENERAL RULE.—In the case of an eli- inserting after section 6050S the following through (xvii) as clauses (xii) through (xviii), gible individual, the Secretary shall make new section: respectively, and by inserting after clause (x) payments to the health insurance issuer of ‘‘SEC. 6050T. RETURNS RELATING TO PAYMENTS the following new clause: such individual’s qualified health insurance FOR QUALIFIED HEALTH INSUR- ‘‘(xi) section 6050T (relating to returns re- equal to such individual’s qualified health ANCE. insurance credit advance amount with re- ‘‘(a) IN GENERAL.—Any person who, in con- lating to payments for qualified health in- surance),’’. spect to such issuer. nection with a trade or business conducted ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of by such person, receives payments during (B) Paragraph (2) of section 6724(d) of such this section, the term ‘eligible individual’ any calendar year from any individual for Code is amended by striking ‘‘or’’ at the end means any individual— coverage of such individual or any other in- of the next to last subparagraph, by striking ‘‘(1) who purchases qualified health insur- dividual under creditable health insurance, the period at the end of the last subpara- ance (as defined in section 35(c)), and shall make the return described in sub- graph and inserting ‘‘, or’’, and by adding at ‘‘(2) for whom a qualified health insurance section (b) (at such time as the Secretary the end the following new subparagraph: credit eligibility certificate is in effect. may by regulations prescribe) with respect ‘‘(BB) section 6050T(d) (relating to returns ‘‘(c) HEALTH INSURANCE ISSUER.—For pur- to each individual from whom such pay- relating to payments for qualified health in- poses of this section, the term ‘health insur- ments were received. surance).’’. ance issuer’ has the meaning given such ‘‘(b) FORM AND MANNER OF RETURNS.—A re- (3) CLERICAL AMENDMENT.—The table of term by section 9832(b)(2) (determined with- turn is described in this subsection if such sections for subpart B of part III of sub- out regard to the last sentence thereof). return— chapter A of chapter 61 of such Code is ‘‘(d) QUALIFIED HEALTH INSURANCE CREDIT ‘‘(1) is in such form as the Secretary may amended by inserting after the item relating ELIGIBILITY CERTIFICATE.—For purposes of prescribe, and to section 6050S the following new item: this section, a qualified health insurance ‘‘(2) contains— ‘‘Sec. 6050T. Returns relating to payments credit eligibility certificate is a statement ‘‘(A) the name, address, and TIN of the in- for qualified health insur- furnished by an individual to a qualified dividual from whom payments described in ance.’’. health insurance issuer which— subsection (a) were received, (c) CRIMINAL PENALTY FOR FRAUD.—Sub- ‘‘(1) certifies that the individual will be eli- ‘‘(B) the name, address, and TIN of each in- chapter B of chapter 75 of such Code (relat- gible to receive the credit provided by sec- dividual who was provided by such person ing to other offenses) is amended by adding tion 35 for the taxable year, with coverage under creditable health insur- at the end the following new section: ‘‘(2) estimates the amount of such credit ance by reason of such payments and the pe- ‘‘SEC. 7276. PENALTIES FOR OFFENSES RELATING for such taxable year, and riod of such coverage, TO HEALTH INSURANCE TAX CRED- ‘‘(3) provides such other information as the ‘‘(C) the aggregate amount of payments de- IT. Secretary may require for purposes of this scribed in subsection (a), ‘‘Any person who knowingly misuses De- section. ‘‘(D) the qualified health insurance credit partment of the Treasury names, symbols, ‘‘(e) QUALIFIED HEALTH INSURANCE CREDIT advance amount (as defined in section titles, or initials to convey the false impres- ADVANCE AMOUNT.—For purposes of this sec- 7527(e)) received by such person with respect sion of association with, or approval or en- tion, the term ‘qualified health insurance to the individual described in subparagraph dorsement by, the Department of the Treas- credit advance amount’ means, with respect (A), and ury of any insurance products or group to any qualified health insurance issuer of ‘‘(E) such other information as the Sec- health coverage in connection with the cred- qualified health insurance, an estimate of retary may reasonably prescribe. it for health insurance costs under section 35 the amount of credit allowable under section ‘‘(c) CREDITABLE HEALTH INSURANCE.—For shall on conviction thereof be fined not more 35 to the individual for the taxable year purposes of this section, the term ‘creditable than $10,000, or imprisoned not more than 1 which is attributable to the insurance pro- health insurance’ means qualified health in- year, or both.’’. vided to the individual by such issuer. surance (as defined in section 35(d)) other (d) CONFORMING AMENDMENTS.— ‘‘(f) REQUIRED DOCUMENTATION FOR RECEIPT than, to the extent provided in regulations (1) Section 162(l) of the Internal Revenue OF PAYMENTS OF ADVANCE AMOUNT.—No pay- prescribed by the Secretary, any insurance Code of 1986 is amended by adding at the end ment of a qualified health insurance credit covering an individual if no credit is allow- the following new paragraph: advance amount with respect to any eligible able under section 35 with respect to such ‘‘(6) ELECTION TO HAVE SUBSECTION APPLY.— individual may be made under subsection (a) coverage. No deduction shall be allowed under para- unless the health insurance issuer provides ‘‘(d) STATEMENTS TO BE FURNISHED TO INDI- graph (1) for a taxable year unless the tax- to the Secretary— VIDUALS WITH RESPECT TO WHOM INFORMA- payer elects to have this subsection apply for ‘‘(1) the qualified health insurance credit TION IS REQUIRED.—Every person required to such year.’’. eligibility certificate of such individual, and

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.044 pfrm03 PsN: S21PT1 S2672 CONGRESSIONAL RECORD — SENATE March 21, 2001 ‘‘(2) the return relating to such individual given for the lack of purchasing cov- vidual Development Accounts, and for under section 6050T. erage. Many Americans simply cannot other purposes; to the Committee on ‘‘(g) REGULATIONS.—The Secretary shall afford to buy health insurance. Finance. prescribe such regulations as may be nec- The solutions are becoming clearer Mr. SANTORUM. Mr. President, essary to carry out the purposes of this sec- tion.’’. as well. A one-size-fits-all approach to today, I am introducing with Senator (b) CLERICAL AMENDMENT.—The table of expand health coverage and access to JOE LIEBERMAN ‘‘the Savings Oppor- sections for chapter 77 of such Code is health care does not meet the various tunity and Charitable Giving Act of amended by adding at the end the following needs of the uninsured population. 2001.’’ Other bipartisan cosponsors in- new item: However, because our workforce is clude Senators HUTCHINSON, DURBIN, ‘‘Sec. 7527. Advance payment of health insur- growing and evolving out of the older BROWNBACK, LANDRIEU, LUGAR, and ance credit for purchasers of traditional models, we must look to BAYH. Within a month of the White qualified health insurance.’’. common features of the uninsured pop- House’s formation of the Office of (c) EFFECTIVE DATE.—The amendments ulation. Although more than 80 percent Faith-Based and Community Initia- made by this section shall take effect on of the uninsured individuals come from tives, we are moving the process for- January 1, 2002. families with at least one employed ward in Congress by the bipartisan in- SEC. 4. COMBINATION OF COST OF SCHIP COV- member, the majority of uninsured troduction of the key tax relief provi- ERAGE FOR A TARGETED LOW-IN- COME CHILD WITH REFUNDABLE Americans do not have access to em- sions of the President’s Faith-Based HEALTH INSURANCE COSTS CREDIT ployer-sponsored health coverage. An Initiatives including Individual Devel- TO PURCHASE FAMILY COVERAGE. additional seven million Americans opment Accounts, IDAs, which Presi- (a) IN GENERAL.—Section 2105(c)(3) of the have access to employer-provided dent Bush endorsed in his campaign as Social Security Act (42 U.S.C. 1397ee(c)(3)) is health insurance but are, in many part of the New Prosperity Initiative. amended— (1) by redesignating subparagraphs (A) and cases, unable to afford it. Therefore, Representatives J.C. WATTS, Jr. and (B) as clauses (i) and (ii), respectively, and my colleagues and I today are intro- TONY HALL will be introducing a simi- indenting such clauses appropriately; ducing the Relief, Equity, Access, and lar measure in the House of Represent- (2) by striking ‘‘Payment’’ and inserting Coverage for Health, REACH, Act to atives within the coming weeks. Bene- the following: build upon the current system of em- ficiary Choice expansion and other pro- ‘‘(A) IN GENERAL.—Payment’’; and ployer-based coverage which continues visions will be pursued in a thoughtful (3) by adding at the end the following new to be the main source of coverage for manner but on a separate track from subparagraph: most Americans. the tax provisions in the Senate. ‘‘(B) COMBINATION OF COST OF PROVIDING Our goal is to fill the coverage gaps Success in today’s new economy is CHILD HEALTH ASSISTANCE WITH REFUNDABLE defined less and less by how much you HEALTH INSURANCE COSTS TAX CREDIT.— that exist in the current system while ‘‘(i) IN GENERAL.—In the case of a targeted also complementing and expanding the earn and more and more by how much low-income child who is eligible for child reach of the employment-based system. you own, your asset base. This is great health assistance and whose parent is eligi- The central tenet of our proposal is a news for the millions of middle-class ble for the refundable health insurance costs refundable tax credit for low-income homeowners who are tapped into Amer- tax credit provided under section 35 of the Americans who are not offered a con- ica’s economic success, but it is bad Internal Revenue Code of 1986, payment may tribution for their insurance through news for those who are simply tapped be made to a State under subsection (a)(1) their employer and do not receive cov- out, those with no assets and little for payment by the State to a health insur- ance issuer that receives advance payment of erage through Federal programs such hope of accumulating the means for up- such credit on behalf of the parent under sec- as Medicaid or Medicare. For example, ward mobility and real financial secu- tion 7527 of the Internal Revenue Code of our proposal will help hard working rity. This widening asset gap was un- 1986, of an amount equal to the estimated Americans who cannot afford to buy derscored in a report issued earlier this cost of providing the child with child health coverage on their own, such as the year by the Federal Reserve. The Fed assistance for a calendar year, but only if— part-time worker who is not offered found that while the net worth of the ‘‘(I) the health insurance issuer uses the employer-sponsored health insurance. typical family has risen substantially State payment made under this subpara- We provide that worker with a $1,000 in recent years, it has actually dropped graph and the advance credit payment to provide family coverage for the parent and tax credit to purchase coverage. We substantially for low-income families. the targeted low-income child; and help a young family with two children For families with annual incomes of ‘‘(II) the State establishes to the satisfac- earning less than $50,000 a year by pro- less than $10,000, the median net worth tion of the Secretary that the conditions set viding them with a $2,500 credit to pur- dipped from $4,800 in 1995 to $3,600 in forth in clauses (i) and (ii) of subparagraph chase a health insurance policy for 1998. For families with incomes be- (A) are met. themselves and their children. In addi- tween $10,000 and $25,000, the median ‘‘(ii) DEFINITION OF HEALTH INSURANCE tion, the REACH Act also is designed net worth fell from $31,000 to $24,800 ISSUER.—In this subparagraph, the term to assist those Americans who do have over the same period. The rate of home ‘health insurance issuer’ has the meaning ownership among low-income families given such term in section 9832(b)(2) of the access to employer-subsidized health Internal Revenue Code of 1986 (determined insurance but, too often, decline it be- has dropped as well. For families mak- without regard to the last sentence there- cause they cannot afford the cost-shar- ing less than $10,000, it went from 36.1 of).’’. ing components. We provide these indi- percent to 34.5 percent from 1995 to (b) EFFECTIVE DATE.—The amendments viduals and families with up to $400 an- 1998; for those making between $10,000 made by this section take effect on January nually for single coverage or $1,000 for and $25,000, it fell from 54.9 percent to 1, 2002. themselves and their families. Overall 51.7 percent. Mr. FRIST. Mr. President, I am it is estimated that these provisions How do we reverse this troubling pleased to join Senator JEFFORDS and would expand new health insurance to trend? IDAs are the unfinished business my colleagues today in a bipartisan ef- as many as 17 million previously unin- of the Community Renewal and New fort to address the growing number of sured Americans. Markets Empowerment initiatives individuals and families without health I appreciate the work my colleagues which became law in December of 2000 insurance coverage in this country. have done on this bill, and I look for- and will increase job opportunities and The problem has been made clear. ward to seeing the REACH Act passed renew hope in what have been hopeless Despite last year’s decline in America’s into law this year. places. But to sustain this hope, we uninsured population, there are still must provide opportunities for individ- more than 43 million americans—one- By Mr. SANTORUM (for himself, uals and families to build tangible as- sixth of our Nation’s population, who Mr. LIEBERMAN, Mr. HUTCH- sets and acquire stable wealth. do not have health insurance. We know INSON, Mr. DURBIN, Mr. Our legislation is aimed at fixing our that the majority of the uninsured, 32 BROWNBACK, Ms. LANDRIEU, Mr. nation’s growing gap in asset owner- of the 44 million, earn an annual in- LUGAR, Mr. BAYH, and Mr. ship, which keeps millions of low-in- come of under $50,000. We also know DEWINE): come workers from achieving the that the rising cost of health insurance S. 592. A bill to amend the Internal American dream. Most public attention is the single most important reason Revenue Code of 1986 to create Indi- focuses on our growing income gap.

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.044 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2673 Though the booming American econ- and administrative costs incurred, $30,000 give the highest percentage of omy has delivered significant income whether directly or through collabora- their household income to charity. It is gains to the nation’s upper-income tions with other entities. Specifically, estimated that restoring this tax relief earners, lower-income workers have the IDA Tax Credit would be the aggre- provision to merely 50 percent which been left on the sidelines. This suggests gate amount of all dollar-for-dollar existed in the 1980’s would encourage to some that closing this divide be- matches provided, up to $500 per person more than $3 billion of additional char- tween the have-mosts and the have- per year, plus a one-time $100 per ac- itable giving a year. The phased in in- leasts is simply a matter of raising count credit for financial education, crease to 100 percent will result in even wages. But the reality is that the in- recruiting, marketing, administration, more additional giving. The floor is in- come gap is a symptom of a larger, withdrawals, etc., plus an annual $30 cluded because the standard personal more complicated problem. per account credit for the administra- deduction encompasses initial con- How do we do this? We believe that tive cost of maintaining the account. tributions. the marketplace can provide such op- To be eligible for the match, adjusted One important dimension of pro- portunity. Non-profit groups around gross income may not exceed $20,000, moting charitable efforts helping to re- the country have launched innovative single, $25,000, head of household, or vitalize our communities, empower in- private programs that are achieving $40,000, married. dividuals and families, and enhance great success in transforming the President Bush has expressed support educational opportunities is encour- ‘‘unbanked,’’ people who have never for IDAs in his campaign and we are aging charitable giving. This legisla- had a bank account, into unabashed working with the Administration to tion is a great opportunity to lower the capitalists. Through IDAs, banks and coordinate efforts to the fullest extent tax burden on the many Americans credit unions offer special savings ac- possible. Supporting groups include the who have not received any tax relief counts to low-income Americans and Credit Union National Association, the for their charitable contributions since match their deposits dollar-for-dollar. Financial Services Roundtable, the 1986. In return, participants take an eco- Corporation for Enterprise Develop- The IRA Charitable Rollover allows nomic literacy course and commit to ment, the National Association of individuals to roll assets from an IRA using their savings to buy a home, up- Homebuilders, the National Center for into a charity or a deferred charitable grade their education or to start a Neighborhood Enterprise, the National gift plan without incurring any income business. Federation of Community Develop- tax consequences. The donation would Thousands of people are actively sav- ment Credit Unions, the National be made to charity directly without ing today through IDA programs in Council for La Raza, and others. ever withdrawing it as income and pay- about 250 neighborhoods nationwide. In Individual Development Accounts, ing taxes on it. one demonstration project undertaken combined with other community devel- The rollover can be made as an out- by the Corporation for Enterprise De- opment and wealth creation opportuni- right gift, for a charitable remainder velopment, CFED, a leading IDA pro- ties, are a first step towards restoring annuity trust, charitable remainder moter, 1,300 families have already faith in the longstanding American unitrust or pooled income fund, or for saved $329,000, which has leveraged an promise of equal opportunity. That the issuance of a charitable annuity. additional $742,000. faith has been shaken by stark divi- The donor would not receive a chari- While the growth of IDAs has been sions of income and wealth in our soci- table deduction. This incentive should encouraging, access to IDA programs is ety. With the leadership of President assist charitable giving in education, still limited and scattered across the Bush and Speaker Hastert, I am hope- social service, and religious charitable nation. The IDA provision of this legis- ful, along with our other cosponsors, efforts. lation will expand IDA access nation- that Congress will take this first step Food banks are finding it increas- wide by providing a significant tax toward restoring the long-cherished ingly difficult to meet the demand for credit to financial institutions and American ideals of rewarding hard food assistance. In the past, food banks community groups that offer IDA ac- work, encouraging responsibility, and have benefitted from the inefficiencies counts. This credit would reimburse expanding savings opportunity this of manufacturing, including the over- banks for the first $500 of matching year. funds they contribute, thus signifi- The Non-Itemizer Charitable Deduc- production of merchandise and the cantly lowering the cost of offering tion provision will initially allow non- manufacturing of cosmetically-flawed IDAs. Other state and private funds can itemizers to deduct 50 percent of their products. However, technology has also be used to provide an additional charitable giving, after they exceed a made businesses and manufacturers match to savings. It also benefits our cumulative total of $500 in annual do- significantly more efficient. Although economy, the long-term stability of nations, $1,000 for joint filers. The de- beneficial to the company’s bottom- which is threatened by our pitiful na- duction will be phased into a 100 per- line, donations have lessened as a re- tional savings rate. In fact, according cent deduction over the course of 5 sult. The fact is that the demand on to some estimates, every $1 invested in years in 10 percent increments. Under our nation’s church pantries, soup an IDA returns $5 to the national econ- current law non-itemizers receive no kitchens and shelter continues to rise, omy. additional tax benefit for their chari- despite our economy. IDAs are matched savings accounts table contributions. According to an August 2000 report for working Americans restricted to More than 84 million Americans can- on Hunger Security by the U.S. Depart- three uses: 1. buying a first home; 2. re- not deduct any of their charitable con- ment of Agriculture, 31 million Ameri- ceiving post-secondary education or tributions because they do not itemize cans, around 10 percent of our citizens, training; or 3. starting or expanding a their tax returns. In contrast, there are are living on the edge of hunger. Al- small business. Individual and match- 34 million Americans who itemize and though this number has declined by 12 ing deposits are not co-mingled; all receive this benefit. For example, in percent since 1995, everyone agrees matching dollars are kept in a sepa- Pennsylvania, there are nearly 4 mil- that this figure remains too high. rate, parallel account. When the ac- lion taxpayers who do not itemize de- Unfortunately, many food banks can- count holder has accumulated enough ductions while slightly more than 1.5 not meet this increased demand for savings and matching funds to pur- million taxpayers do itemize. food. A December ’99 study by the U.S. chase the asset, typically over two to While Americans are already giving Conference of Mayors found that re- four years, and has completed a finan- generously to charities making a sig- quests for emergency food assistance cial education course, payments from nificant positive impact in our commu- increased by an average of 18 percent in the IDA will be made directly to the nities, this provision provides an incen- American cities over the previous year asset provider. tive for additional giving and allows and 21 percent of emergency food re- Financial institutions, or their con- non-itemizers who typically have mid- quests could not be met. Statistics by tractual affiliates, would be reim- dle to lower middle incomes to also the United States Department of Agri- bursed for all matching funds provided benefit from additional tax relief. In culture show that up to 96 billion plus a limited amount of the program fact, non-itemizers earning less than pounds of food goes to waste each year

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.119 pfrm03 PsN: S21PT1 S2674 CONGRESSIONAL RECORD — SENATE March 21, 2001 in the United States. If a small per- SUBMITTED RESOLUTIONS well as the former chairman of the centage of this wasted food could be re- Health and Hospitals Subcommittee on directed to food banks, we could make the House Veterans’ Affairs Com- important strides in our fight against SENATE RESOLUTION 61—EX- mittee, I am very concerned that to- hunger. In many ways, current law is a PRESSING THE SENSE OF THE day’s veterans’ community receive the hindrance to food donations. SENATE THAT THE SECRETARY best possible health care coverage that OF VETERANS AFFAIRS SHOULD we can provide. The tax code provides corporations RECOGNIZE BOARD CERTIFI- with a special deduction for donations Recently, it was brought to my at- CATIONS FROM THE AMERICAN tention that the Department of Vet- to food banks, but it excludes farmers, ASSOCIATION OF PHYSICIAN erans Affairs only recognizes two orga- ranchers and restaurant owners from SPECIALISTS, INC., FOR PUR- nizations for physician certification donating food under the same tax in- POSES OF THE PAYMENT OF credentials. However, there are other centive. For many of these businesses, SPECIAL PAY BY THE VETERANS organizations that have pressed the VA it is actually more cost effective to HEALTH ADMINISTRATION to consider their credentials and have throw away food than donate it to Mr. HUTCHINSON submitted the fol- been met with a closed door. charity. The hunger relief community lowing resolution; which was referred While it is my understanding that believes that these changes will mark- to the Committee on Veterans’ Affairs: very recently the Department has re- edly increase food donations-whether it S. RES. 61 scinded this decision due to the VA is a farmer donating his crop, a res- Whereas the United States has, in the General Counsel ruling it to be illegal, taurant owner contributing excess course of its history, fought in many wars the VA still does not recognize other meals, or a food manufacturer pro- and conflicts to defend freedom and protect board certifications in the matter of ducing specifically for charity. the interests of the Nation; specialty pay. This bipartisan legislation was intro- Whereas millions of men and women have Within the last few weeks, Congress- served the Nation in times of need as mem- duced separately by Senators Lugar bers of the Armed Forces; man JOE SCARBOROUGH, my good friend and Leahy with 13 additional cospon- Whereas the service of veterans has been of and former colleague, has introduced sors including myself. It has been en- vital importance to the Nation and the sac- legislation on behalf of one of these ex- dorsed by a diverse set of organiza- rifices made by veterans and their families cluded organizations, the American As- tions, including America’s Second Har- should not be forgotten with the passage of sociation of Physician Specialists. His vest Food Banks, the Salvation Army, time; resolution addresses the issue of board the American Farm Bureau Federa- Whereas the obligation of the Nation to certification recognitions by the new tion, the National Farmers Union, the provide the best health care benefits to vet- Secretary of the VA to include this or- erans and their families takes precedence National Restaurant Association, and over all else; ganization in the list of organizations the Grocery Manufacturers of America. Whereas veterans deserve comprehensive that are recognized for certification Under current law, when a corpora- and high-quality health care services; and special pay. tion donates food to a food bank, it is Whereas the Secretary of Veterans Affairs Today, I am pleased to offer the Sen- only recognizes board certifications of ate counter-part to Congressman eligible to receive a ‘‘special rule’’ tax allopathic physicians from specialty boards deduction. Unfortunately, most compa- SCARBOROUOGH’s legislation in the that are members of the American Board of hopes that this vehicle may rectify a nies have found that the ‘‘special rule″ Medical Specialties and board certifications policy and system that seems faulty. deduction does not allow them to re- of osteopathic physicians from specialty coup their actual production costs. boards recognized by the Bureau of Osteo- f pathic Specialists; Moreover, current law limits the ‘‘spe- SENATE CONCURRENT RESOLU- cial rule’’ deduction only to corpora- Whereas physicians not certified by the American Board of Medical Specialties or TION 27—EXPRESSING THE tions, thus prohibiting farmers, ranch- the Bureau of Osteopathic Specialists are SENSE OF CONGRESS THAT THE ers, small businesses and restaurant not eligible for special pay for board certifi- 2008 OLYMPIC GAMES SHOULD owners from receiving the same tax cation; NOT BE HELD IN BEIJING UN- benefits afforded to corporations. Whereas there are other nationally recog- LESS THE GOVERNMENT OF THE This provision would encourage addi- nized organizations that certify physicians PEOPLE’S REPUBLIC OF CHINA for practice in areas of specialty; tional food donations through three Whereas the failure of the Secretary of RELEASES ALL POLITICAL PRIS- changes to our tax laws: This bill will Veterans Affairs to recognize board certifi- ONERS, RATIFIES THE INTER- extend the ‘‘special rule’’ tax deduction cations from other nationally recognized or- NATIONAL COVENANT ON CIVIL for food donations now afforded only to ganizations may limit the pool of qualified AND POLITICAL RIGHTS, AND corporations to all business taxpayers, physicians from which the Department of OBSERVES INTERNATIONALLY including farmers and restaurant own- Veterans Affairs can hire; and RECOGNIZED HUMAN RIGHTS ers. This legislation will increase the Whereas not recognizing board certifi- cations of other nationally recognized orga- Mr. HELMS (for himself, Mr. tax deduction for donated food from nizations, such as the American Association WELLSTONE, Mr. HUTCHINSON, and Mr. basis plus ° markup to the fair market of Physician Specialists, Inc., may limit the SMITH of New Hampshire) submitted value of the product, not to exceed ability of veterans to receive the highest the following concurrent resolution; twice the product’s basis. This bill will quality health care: Now, therefore, be it which was referred to the Committee codify the Tax Court ruling in Lucky Resolved, That it is the sense of the Senate on Foreign Relations: Stores, Inc. v. IRS, in which the Court that the Secretary of Veterans Affairs should, for the purposes of the payment of S. CON. RES. 27 found that taxpayers should base the special pay by the Veterans Health Adminis- Whereas the International Olympic Com- determination of fair market value of tration, recognize board certifications from mittee is in the process of determining the donated product on recent sales. the American Association of Physician Spe- venue of the Olympic Games in the year 2008 I would like to thank my colleagues cialists, Inc., to the same extent as the Sec- and is scheduled to make that decision at for joining me in this important effort retary of Veterans Affairs recognizes board the International Olympic Committee meet- certifications from the American Board of ing scheduled for Moscow in July 2001; to increase savings opportunities for Medical Specialties and the Bureau of Osteo- Whereas the city of Beijing has made a lower income working Americans, to pathic Specialists. proposal to the International Olympic Com- encourage the charitable giving of all Mr. HUTCHINSON. Mr. President, I mittee that the summer Olympic Games in Americans, to provide additional re- rise today to offer a resolution con- the year 2008 be held in Beijing; sources for the charitable organiza- cerning our nation’s veterans’ popu- Whereas the Olympic Charter states that tions which serve their communities, lation and the quality of health care Olympism and the Olympic ideal seek to fos- and to encourage additional donations ter ‘‘respect for universal fundamental eth- that they receive. ical principles’’; of food to alleviate hunger. I would As a member of this Senate Veterans’ Whereas the United Nations General As- also encourage my other colleagues to Affairs Committee, the chairman of sembly Resolution 48/11 (October 25, 1993) consider supporting this important ini- the Personnel Subcommittee on the recognized ‘‘that the Olympic goal of the tiative. Senate Armed Services Committee, as Olympic Movement is to build a peaceful and

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.120 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2675 better world by educating the youth of the Resolved by the Senate (the House of Rep- bill S. 27, supra; which was ordered to lie on world through sport, practiced without dis- resentatives concurring), That the Congress— the table. crimination of any kind and the Olympic (1) acknowledges and supports the January SA 127. Mr. CLELAND submitted an spirit, which requires mutual understanding, 16, 2001, open letter released by Chinese dis- amendment intended to be proposed by him promoted by friendship, solidarity, and fair sidents and the families of imprisoned Chi- to the bill S. 27, supra; which was ordered to play’’; nese political prisoners stating that the re- lie on the table. Whereas United Nations General Assembly lease of China’s political prisoners would im- SA 128. Mr. CLELAND submitted an Resolution 50/13 (November 7, 1995) stressed prove Beijing’s stature in its bid to host the amendment intended to be proposed by him ‘‘the importance of the principles of the 2008 Olympic Games; to the bill S. 27, supra; which was ordered to Olympic Charter, according to which any (2) expresses the view that, consistent with lie on the table. form of discrimination with regard to a its stated principles, the International Olym- SA 129. Mr. CLELAND submitted an country or a person on grounds of race, reli- pic Committee should not award the 2008 amendment intended to be proposed by him gion, politics, sex, or otherwise is incompat- Olympics to Beijing unless the Government to the bill S. 27, supra; which was ordered to ible with the Olympic Movement’’; of the People’s Republic of China releases all lie on the table. Whereas the Department of State’s Coun- of China’s political prisoners, ratifies the SA 130. Mr. CLELAND submitted an try Reports on Human Rights Practices for International Covenant on Civil and Polit- amendment intended to be proposed by him 2000 reports the following: ical Rights without major reservations, fully to the bill S. 27, supra; which was ordered to (1) ‘‘The [Chinese] government continued implements the International Covenant on lie on the table. Economic, Social and Cultural Rights, and to commit widespread and well-documented SA 131. Mr. CLELAND submitted an observes internationally recognized human human rights abuses, in violation of inter- amendment intended to be proposed by him rights; nationally accepted norms.’’. to the bill S. 27, supra; which was ordered to (3) calls for the creation of an inter- (2) ‘‘Abuses included instances of extra ju- lie on the table. national Beijing Olympic Games Human dicial killings, the use of torture, forced con- SA 132. Mr. CLELAND submitted an Rights Campaign in the event that Beijing fessions, arbitrary arrest and detention, the amendment intended to be proposed by him receives the Olympics to focus international to the bill S. 27, supra; which was ordered to mistreatment of prisoners, lengthy incom- pressure on the Government of the People’s municado detention, and denial of due proc- lie on the table. Republic of China to grant a general am- SA 133. Mr. CLELAND submitted an ess.’’. nesty for all political prisoners prior to the (3) ‘‘The Government infringed on citizens’ amendment intended to be proposed by him commencement of the 2008 Olympics as well to the bill S. 27, supra; which was ordered to privacy rights.’’. as to ratify the International Covenant on (4) ‘‘The Government maintained tight re- lie on the table. Civil and Political Rights; SA 134. Mr. HATCH proposed an amend- strictions on freedom of speech and of the (4) calls on the Secretary of State to en- ment to the bill S. 27, supra. press, and increased its efforts to control the dorse publicly the creation of the Beijing SA 135. Mr. SCHUMER submitted an Internet; self-censorship by journalists con- Olympic Games Human Rights Campaign in amendment intended to be proposed by him tinued.’’. the event that Beijing receives the Olympics, to the bill S. 27, supra; which was ordered to (5) ‘‘The Government severely restricted and to utilize all necessary diplomatic re- lie on the table. freedom of assembly and continued to re- sources to encourage other nations to en- SA 136. Mr. HATCH proposed an amend- strict freedom of association.’’. dorse and support the campaign as well, fo- ment to the bill S. 27, supra. (6) ‘‘The Government continued to restrict cusing particular attention on member freedom of religion and intensified controls states of the European Union and the Asso- f on some unregistered churches.’’. ciation of Southeast Asian Nations TEXT OF AMENDMENTS (7) ‘‘The Government continued to restrict (ASEAN), Japan, Canada, Australia, the Nor- freedom of movement.’’. dic countries, and all other countries en- SA 123. Mr. WELLSTONE (for him- (8) ‘‘The Government does not permit inde- gaged in human rights dialogue with China; self, Ms. CANTWELL, Mr. CORZINE, Mr. pendent domestic nongovernmental organi- (5) requests that the President, during his BIDEN, and Mrs. CLINTON) proposed an zations (NGOs) to monitor publicly human expected participation in the Asia-Pacific amendment to the bill S. 27, to amend rights conditions.’’. Economic Cooperation (APEC) Leaders Sum- the Federal Election Campaign Act of (9) ‘‘[The Government has not stopped] vio- mit in Shanghai in October 2001, call for the 1971 to provide bipartisan campaign re- lence against women (including coercive release of all Chinese political prisoners and form; as follows: family planning practices—which sometimes Chinese ratification of the International include forced abortion and forced steriliza- Covenant on Civil and Political Rights; On page 37, between lines 14 and 15, insert tion).’’. (6) recommends that the Congressional-Ex- the following: (10) ‘‘The Government continued to re- ecutive Commission on the People’s Republic SEC. 305. STATE PROVIDED VOLUNTARY PUBLIC strict tightly worker rights, and forced labor of China, established under title III of the FINANCING. in prison facilities remains a serious prob- U.S.-China Relations Act of 2000 (Public Law Section 403 of the Federal Election Cam- lem. Child labor exists and appears to be a 106–286), devote significant resources to mon- paign Act of 1971 (2 U.S.C. 453) is amended by growing problem in rural areas as adult itoring any violations of the rights of polit- adding at the end the following: ‘‘The pre- workers leave for better employment oppor- ical dissidents and political prisoners, or ceding sentence shall not be interpreted to tunities in urban areas.’’. other increased abuses of internationally prohibit a State from enacting a voluntary (11) ‘‘Some minority groups, particularly recognized human rights, in the preparation public financing system which applies to a Tibetan Buddhists and Muslim Uighurs, to the 2008 Olympic Games and during the candidate for election to Federal office, came under increasing pressure as the Gov- Olympic Games themselves; and other than the office of President or Vice- ernment clamped down on dissent and ‘sepa- (7) directs the Secretary of the Senate to President, from such State who agrees to ratist’ activities.’’; transmit a copy of this resolution to the sen- limit acceptance of contributions, use of per- Whereas the egregious human rights ior International Olympic Committee rep- sonal funds, and the making of expenditures abuses committed by the Government of the resentative in the United States with the re- in connection with the election in exchange People’s Republic of China are inconsistent quest that it be circulated to all members of for full or partial public financing from a with the Olympic ideal; the Committee. State fund with respect to the election, ex- Whereas 119 Chinese dissidents and rel- cept that such system shall not allow any f atives of imprisoned political prisoners, from person to take any action in violation of the 22 provinces and cities, issued an open letter AMENDMENTS SUBMITTED AND provisions of this Act.’’. on January 16, 2001, signed at enormous po- PROPOSED litical risk which expresses the ‘‘grief and in- SA 124. Ms. LANDRIEU submitted an dignation for each of China’s political pris- SA 123. Mr. WELLSTONE (for himself, Ms. amendment intended to be proposed by oners and their families’’, asks the Chinese CANTWELL, Mr. CORZINE, Mr. BIDEN, and Mrs. CLINTON) proposed an amendment to the bill her to the bill S. 27, to amend the Fed- Government to release all of China’s polit- S. 27, to amend the Federal Election Cam- eral Election Campaign Act of 1971 to ical prisoners, and asserts that the release of paign Act of 1971 to provide bipartisan cam- provide bipartisan campaign reform; China’s political prisoners will improve paign reform. which was ordered to lie on the table; ‘‘Beijing’s stature in its bid for the 2008 SA 124. Ms. LANDRIEU submitted an as follows: Olympics’’; and amendment intended to be proposed by her Whereas although the Government of the to the bill S. 27, supra; which was ordered to On page 37, between lines 14 and 15, insert People’s Republic of China signed the Inter- lie on the table. the following: national Covenant on Civil and Political SA 125. Mr. BOND submitted an amend- SEC. 305. ENHANCED REPORTING AND SOFT- Rights in 1998, but has failed to ratify the ment intended to be proposed by him to the WARE FOR FILING REPORTS. treaty, and has indicated that it will not bill S. 27, supra; which was ordered to lie on (a) ENHANCED REPORTING FOR CAN- fully implement the recently ratified Inter- the table. DIDATES.— national Covenant on Economic, Social and SA 126. Mr. BOND submitted an amend- (1) WEEKLY REPORTS.—Section 304(a)(2) of Cultural Rights: Now, therefore, be it ment intended to be proposed by him to the the Federal Election Campaign Act of 1971 (2

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.048 pfrm03 PsN: S21PT1 S2676 CONGRESSIONAL RECORD — SENATE March 21, 2001 U.S.C. 434(a)(2)) is amended to read as fol- (D) in subsection (a)(8), by striking ‘‘para- the Federal Election Commission shall sub- lows: graph (2)(A)(iii)’’ and inserting ‘‘paragraph mit a report to Congress on the demonstra- ‘‘(2) PRINCIPAL CAMPAIGN COMMITTEES.—If (3)(C)(iii)’’; tion project and study conducted under sub- the political committee is the principal cam- (E) in subsection (a)(9), by striking ‘‘(2) section (b) together with such recommenda- paign committee of a candidate for the or’’; and tions as the Federal Election Commission House of Representatives or for the Senate, (F) in subsection (c)(2), by striking ‘‘sub- determines appropriate— the treasurer shall file a report for each section (a)(2)’’ and inserting ‘‘subsection (1) regarding resources, technology, and week of the election cycle that shall be filed (a)(3)(C)’’. personnel necessary for maintenance of ac- not later than the 5th day after the last day (3) Section 309(b) of the Federal Election curate records; and of the week and shall be complete as of the Campaign Act of 1971 (2 U.S.C. 437g(b)) is (2) legislative and administrative action, last day of the week.’’. amended— including the feasibility of national stand- (2) PROMPT DISCLOSURE OF CONTRIBUTIONS.— (A) by striking ‘‘304(a)(2)(A)(iii)’’ and in- ards. Section 304(a)(6)(A) of the Federal Election serting ‘‘304(a)(3)(C)(iii)’’; and (e) AUTHORIZATION OF APPROPRIATIONS.— Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) is (B) by striking ‘‘304(a)(2)(A)(i)’’ and insert- There are authorized to be appropriated such amended— ing ‘‘304(a)(3)(C)(i)’’. sums as may be necessary to carry out this (A) by striking ‘‘of $1,000 or more’’; section. (B) by striking ‘‘after the 20th day, but SA 125. Mr. BOND submitted an more than 48 hours before any election’’ and amendment intended to be proposed by SA 126. Mr. BOND submitted an inserting ‘‘during the election cycle’’; and him to the bill S. 27, to amend the Fed- amendment intended to be proposed by (C) by striking ‘‘within 48 hours’’ and in- eral Election Campaign Act of 1971 to him to the bill S. 27, to amend the Fed- serting ‘‘within 24 hours’’. provide bipartisan campaign reform; eral Election Campaign Act of 1971 to (b) SOFTWARE FOR FILING OF REPORTS.— which was ordered to lie on the table; provide bipartisan campaign reform; Section 304(a) of the Federal Election Cam- as follows: which was ordered to lie on the table; paign Act of 1971 (2 U.S.C. 434(a)) is amended as follows: by adding at the end the following: On page 37, between lines 14 and 15, insert the following: On page 37, between lines 14 and 15, insert ‘‘(12) SOFTWARE FOR FILING OF REPORTS.— the following: ‘‘(A) IN GENERAL.—The Commission shall— SEC. 305. VOTER IDENTIFICATION REQUIRED. SEC. 305. MAIL REGISTRATION. ‘‘(i) develop software for use to file a des- Section 8(e) of the National Voter Reg- (a) REQUIREMENT FOR FIRST-TIME VOTERS ignation, statement, or report in electronic istration Act of 1993 (42 U.S.C. 1973gg-6(e)) is TO PRESENT IDENTIFICATION.—Section 6(c)(1) form under this Act; and amended by adding at the end the following: of the National Voter Registration Act of ‘‘(ii) make a copy of the software available ‘‘(4) Any requirement under this section to 1993 (42 U.S.C. 1973gg-4(c)(1)) is amended by to each person required to file a designation, make an oral or written affirmation regard- striking ‘‘a State may by law require a per- statement, or report in electronic form ing the address of a registrant shall include son to vote in person if’’ and inserting ‘‘a under this Act. a requirement that such registrant present State shall by law require a person to vote in ‘‘(B) REQUIRED USE.—Any person that picture identification as part of such affir- person and present a picture identification maintains or files a designation, statement, mation.’’. if’’. or report in electronic form under paragraph SEC. 306. VOTER ROLL COORDINATION DEM- (b) REMOVAL OF VOTERS IN RESPONSE TO (11) or subsection (d) shall use software de- ONSTRATION PROJECT. UNDELIVERED NOTICES.— veloped under subparagraph (A) for such (a) DEMONSTRATION PROJECT ESTAB- (1) IN GENERAL.—Section 6(d) of the Na- maintenance or filing.’’. LISHED.—The Federal Election Commission tional Voter Registration Act of 1993 (42 (c) CONFORMING AMENDMENTS.— shall establish a demonstration project for U.S.C. 1973gg-4(d)) is amended by striking (1) Section 304(a)(3) of the Federal Election the purpose of determining the feasibility ‘‘may proceed’’ and all that follows through Campaign Act of 1971 (2 U.S.C. 434(a)) is and advisability of requiring coordination of the end and inserting the following: ‘‘shall— amended by adding at the end the following: the official list of registered voters and cer- ‘‘(1) proceed in accordance with section ‘‘(C) The reports described in this subpara- tain State records to ensure— 8(d); or graph are as follows: (1) such list is accurate; and ‘‘(2) if provided for under State law, re- ‘‘(i) A pre-election report, which shall be (2) that eligible voters are not improperly move the name of the registrant from the of- filed no later than the 12th day before (or removed from the official list. ficial list of eligible voters in elections for posted by registered or certified mail no (b) PROJECT.— Federal office provided that reasonable safe- later than the 15th day before) any election (1) IN GENERAL.—The project conducted guards are available to prevent the removal in which such candidate is seeking election, under this section shall require a State to of an eligible voter.’’. or nomination for election, and which shall maintain accurate records regarding individ- (2) CONFORMING AMENDMENTS.— be complete as of the 20th day before such uals eligible to vote in the project area by (A) Section 8(a)(3)(C) of such Act (42 U.S.C. election. coordinating— 1973gg-6(a)(3)(C)) is amended by inserting ‘‘or ‘‘(ii) A post-general election report, which (A) State records of— section 6(d)(2)’’ after ‘‘paragraph (4)’’. shall be filed no later than the 30th day after (i) individuals registered to vote with re- (B) Section 8(c)(2)(B) of such Act (42 U.S.C. any general election in which such candidate spect to elections for Federal office through 1973gg-6(c)(2)(B)) is amended by inserting ‘‘or has sought election, and which shall be com- the appropriate State motor vehicle author- section 6(d)(2)’’ after ‘‘subsection (a)’’. plete as of the 20th day after such general ity under section 5 of the National Voter (c) CONTENTS OF MAIL VOTER REGISTRATION election. Registration Act of 1993 (42 U.S.C. 1973gg–3); FORM.—Section 9(b)(3) of the National Voter ‘‘(iii) Additional quarterly reports, which (ii) deaths; and Registration Act of 1993 (42 U.S.C. 1973gg- shall be filed no later than the 15th day after (iii) individuals convicted of a felony; with 7(b)(3)) is amended to read as follows: the last day of each calendar quarter, and (B) the official list of the appropriate juris- ‘‘(3) may include a requirement for notari- which shall be complete as of the last day of diction of individuals registered, and other- zation or other formal authentication as each calendar quarter: except that the report wise eligible, to vote in such elections. each State may by law require; and’’. for the quarter ending December 31 shall be (2) STUDY.—In conjunction with the dem- SEC. 306. MAINTENANCE OF ACCURATE LIST OF filed no later than January 31 of the fol- onstration project under this subsection, the ELIGIBLE VOTERS. lowing calendar year.’’. Federal Election Commission shall conduct a (a) REQUIRED VOTER REMOVAL PROGRAM.— (2) Section 304 of the Federal Election study of— Section 8(a) of the National Voter Registra- Campaign Act of 1971 (2 U.S.C. 434(a)) is (A) the current practices and methods of tion Act of 1993 (42 U.S.C. 1973gg-(6)(a)) is amended— voting jurisdictions used to maintain official amended— (A) in subsection (a)(3)(A)— lists of registered voters; and (1) in paragraph (5), by striking ‘‘and’’ at (i) in each of clauses (i) and (ii)— (B) reasons for any failure of such prac- the end; (I) by striking ‘‘paragraph (2)(A)(i)’’ and in- tices and methods to prevent voting fraud or (2) in paragraph (6), by striking the period serting ‘‘subparagraph (C)(i)’’; and inaccurate lists. at the end and inserting ‘‘; and’’; and (II) by striking ‘‘paragraph (2)(A)(ii)’’ and (c) PROJECT AREA AND DURATION.— (3) by adding at the end the following: inserting ‘‘subparagraph (C)(ii)’’; and (1) PROJECT AREA.—The Federal Election ‘‘(7) conduct a program to determine (ii) in clause (ii), by striking ‘‘paragraph Commission shall implement the project in whether the number of eligible voters in any (2)(A)(iii)’’ and inserting ‘‘subparagraph the voting jurisdictions of St. Louis County, jurisdiction is less than the number of eligi- (C)(iii)’’; Missouri, and St. Louis City, Missouri. ble voters on the official list for such juris- (B) in each of paragraphs (4)(B) and (5) of (2) DURATION.—The project conducted diction and, if such determination is made, subsection (a), by striking ‘‘paragraph under this section shall be implemented for a remove the names of ineligible voters from (2)(A)(i)’’ and inserting ‘‘paragraph (3)(C)(i)’’; period ending on the date of the next general such list in accordance with paragraph (4).’’. and election for the office of President and Vice (b) NOTIFICATION OF FELONY CONVICTIONS.— (C) in subsection (a)(4)(B), by striking President. Section 8(g) of the National Voter Registra- ‘‘paragraph (2)(A)(ii)’’ and inserting ‘‘para- (d) REPORT.—Not later than 1 year after tion Act of 1993 (42 U.S.C. 1973gg-6(g)) is graph (3)(C)(ii)’’; the completion of the demonstration project, amended by adding at the end the following:

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.050 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2677 ‘‘(6) The Attorney General shall provide, aggregate amount equal to $1,000 or more re- On page 37, between lines 14 and 15, insert upon request of any chief State election offi- ceived by the committee after the 20th day, the following: cial, expedited access to applicable records but more than 48 hours, before any election. SEC. 305. LIMIT ON TIME TO ACCEPT CONTRIBU- regarding felony convictions of individuals ‘‘(ii) Notification shall be made within 48 TIONS. in order to determine if an individual is eli- hours after the receipt of such contribution (a) TIME TO ACCEPT CONTRIBUTIONS.—Sec- gible to vote under any applicable State and shall include the name of the political tion 315 of the Federal Election Campaign law.’’. committee, the identification of the contrib- Act of 1971 (2 U.S.C. 441a) is amended by add- (c) ADDITIONAL PENALTY FOR CONSPIRACY.— utor, and the date of receipt of the contribu- ing at the end the following: Section 12(2) of the National Voter Registra- tion. ‘‘(i) TIME TO ACCEPT CONTRIBUTIONS.— tion Act of 1993 (42 U.S.C. 1973gg-(10)(2)) is ‘‘(B) The notification required under this ‘‘(1) IN GENERAL.—A candidate for nomina- amended— paragraph shall be in addition to all other tion for election, or election, to the Senate (1) in the matter preceding subparagraph reporting requirements under this Act.’’. or House of Representatives shall not accept (A), by striking ‘‘process, by’’ and inserting a contribution from any person during an ‘‘process’’; SA 128. Mr. CLELAND submitted an election cycle in connection with the can- (2) in subparagraph (A), by inserting ‘‘or amendment intended to be proposed by didate’s campaign except during a contribu- knowingly and willfully conspires with an- him to the bill S. 27, to amend the Fed- tion period. other person to deprive, defraud, or attempt eral Election Campaign Act of 1971 to ‘‘(2) CONTRIBUTION PERIOD.—In this sub- to deprive or defraud the residents of a State provide bipartisan campaign reform; section, the term ‘contribution period’ of a fair and impartially conducted election means, with respect to a candidate, the pe- process, by’’ before ‘‘the procurement’’; and which was ordered to lie on the table; riod of time that— (3) in subparagraph (B), by inserting ‘‘by’’ as follows: ‘‘(A) begins on the date that is the earlier before ‘‘the procurement’’. On page 37, between lines 14 and 15, insert of— SEC. 307. PENALTIES UNDER VOTING RIGHTS the following: ‘‘(i) January 1 of the year in which an elec- ACT. SEC. 305. AUDITS. tion for the seat that the candidate is seek- (a) INCREASED PENALTIES.—Subsections (c) (a) RANDOM AUDITS.—Section 311(b) of the ing occurs; or and (e)(1) of section 11 of the Voting Rights Federal Election Campaign Act of 1971 (2 ‘‘(ii) 90 days before the date on which the Act of 1965 (42 U.S.C. 1973i) are each amended U.S.C. 438(b)) is amended— candidate will qualify under State law to be by striking ‘‘$10,000’’ and inserting ‘‘$30,000’’. (1) by inserting ‘‘(1)’’ before ‘‘The Commis- placed on the ballot for the primary election (b) MISREPRESENTATION OF ELIGIBILITY.— sion’’; and for the seat that the candidate is seeking; Section 11(c) of the Voting Rights Act of 1965 (2) by adding at the end the following: and (42 U.S.C. 1973i(c)) is amended by inserting ‘‘(2) RANDOM AUDITS.— ‘‘(B) ends on the date that is 5 days after ‘‘or gives false information as to the individ- ‘‘(A) IN GENERAL.—Notwithstanding para- the date of the general election for the seat ual’s status as a convicted felon’’ after ‘‘vot- graph (1), the Commission may conduct ran- that the candidate is seeking. ing district’’. dom audits and investigations to ensure vol- ‘‘(3) EXCEPTIONS.— untary compliance with this Act. ‘‘(A) DEBTS INCURRED DURING ELECTION SA 127. Mr. CLELAND submitted an ‘‘(B) LIMITATION.—The Commission shall CYCLE.—A candidate may accept a contribu- amendment intended to be proposed by not conduct an audit or investigation of a tion after the end of a contribution period to him to the bill S. 27, to amend the Fed- candidate’s authorized committee under make an expenditure in connection with a eral Election Campaign Act of 1971 to paragraph (1) until the candidate is no longer debt or obligation incurred in connection with the election during the election cycle. provide bipartisan campaign reform; a candidate for the office sought by the can- ‘‘(B) ACCEPTANCE OF CONTRIBUTIONS IN RE- which was ordered to lie on the table; didate in an election cycle. ‘‘(C) APPLICABILITY.—This paragraph does SPONSE TO OPPONENT’S CARRYOVER FUNDS.— as follows: not apply to an authorized committee of a ‘‘(i) IN GENERAL.—A candidate may accept On page 37, between lines 14 and 15, insert candidate for President or Vice President an aggregate amount of contributions before the following: subject to audit under section 9007 or 9038 of the contribution period begins in an amount SEC. 305. MODIFICATION OF REPORTING RE- the Internal Revenue Code of 1986.’’. equal to 125 percent of the amount of carry- QUIREMENTS. (b) EXTENSION OF PERIOD DURING WHICH over funds of an opponent in the same elec- (a) FILING DATE FOR REPORTS.—Section CAMPAIGN AUDITS MAY BE BEGUN.—Section tion. 304(a) of the Federal Election Campaign Act 311(b) of the Federal Election Campaign Act ‘‘(ii) CARRYOVER FUNDS OF OPPONENT.—In of 1971 (2 U.S.C. 434(a)) is amended— of 1971 (2 U.S.C. 438(b)) is amended by strik- clause (i), the term ‘carryover funds of an op- (1) in paragraph (2)(A)(i), by striking ‘‘(or ing ‘‘6 months’’ and inserting ‘‘12 months’’. ponent’ means the aggregate amount of con- posted by registered or certified mail no tributions that an opposing candidate and later than the 15th day before)’’; SA 129. Mr. CLELAND submitted an the candidate’s authorized committees (2) in paragraph (4)(A)(ii), by striking ‘‘(or amendment intended to be proposed by transfers from a previous election cycle to posted by registered or certified mail no him to the bill S. 27, to amend the Fed- the current election cycle.’’. later than the 15th day before)’’; and (b) DEFINITION OF ELECTION CYCLE.—Sec- eral Election Campaign Act of 1971 to tion 301 of the Federal Election Campaign (3) by striking paragraph (5) and inserting provide bipartisan campaign reform; ‘‘(5) [Repealed.]’’. Act of 1971 (2 U.S.C. 431), as amended by sec- which was ordered to lie on the table; (b) MONTHLY REPORTING BY MULTI- tion 101(b), is amended by adding at the end CANDIDATE POLITICAL COMMITTEES.—Section as follows: the following: 304(a)(4)(B) of the Federal Election Campaign On page 37, between lines 14 and 15, insert ‘‘(25) ELECTION CYCLE.—The term ‘election Act of 1971 (2 U.S.C. 434(a)(4)(B)) is amended the following: cycle’ means the period beginning on the day by adding at the end the following: ‘‘In the SEC. 305. CIVIL ACTION. after the date of the most recent general case of a multicandidate political committee Section 309 of the Federal Election Cam- election for the specific office or seat that a that has received contributions aggregating paign Act of 1971 (2 U.S.C. 437g) is amended candidate is seeking and ending on the date $100,000 or more or made expenditures aggre- by adding at the end the following: of the next general election for that office or seat.’’. gating $100,000 or more, by January 1 of the ‘‘(e) CIVIL ACTION.— calendar year, or anticipates receiving con- ‘‘(1) AUTHORITY TO BRING CIVIL ACTION.—If tributions aggregating $100,000 or more or the Commission does not act to investigate SA 131. Mr. CLELAND submitted an making expenditures aggregating $100,000 or or dismiss a complaint within 120 days after amendment intended to be proposed by more during such year, the committee shall the complaint is filed, the person who filed him to the bill S. 27, to amend the Fed- file monthly reports under this subpara- the complaint may commence a civil action eral Election Campaign Act of 1971 to graph.’’. against the Commission in United States dis- provide bipartisan campaign reform; (c) REPORTING OF CERTAIN EXPENDITURES.— trict court for injunctive relief. which was ordered to lie on the table; Section 304(a) of the Federal Election Cam- ‘‘(2) ATTORNEY’S FEES.—The court may as follows: paign Act of 1971 (2 U.S.C. 434(a)) is amended award the costs of the litigation (including by adding at the end the following: reasonable attorney’s fees) to a plaintiff who On page 37, between lines 14 and 15, insert ‘‘(12)(A)(i) A political committee, other substantially prevails in the civil action.’’. the following: than an authorized committee of a can- SEC. 305. INDEPENDENT LITIGATION AUTHORITY. didate, that has received contributions ag- SA 130. Mr. CLELAND submitted an Section 306(f) of the Federal Election Cam- gregating $100,000 or more or made expendi- amendment intended to be proposed by paign Act of 1971 (2 U.S.C. 437c(f)) is amended tures aggregating $100,000 or more during the him to the bill S. 27, to amend the Fed- by striking paragraph (4) and inserting the calendar year or anticipates receiving con- following: tributions aggregating $100,000 or more or eral Election Campaign Act of 1971 to ‘‘(4) INDEPENDENT LITIGATING AUTHORITY.— making expenditures aggregating $100,000 or provide bipartisan campaign reform; ‘‘(A) IN GENERAL.—Notwithstanding para- more during such year, shall notify the Com- which was ordered to lie on the table; graph (2) or any other provision of law, the mission in writing of any contribution in an as follows: Commission is authorized to appear on the

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.051 pfrm03 PsN: S21PT1 S2678 CONGRESSIONAL RECORD — SENATE March 21, 2001

Commission’s behalf in any action related to ‘‘(B) AFFILIATION.—The chair and the vice of a stockholder, in the case of a corpora- the exercise of the Commission’s statutory chair shall not be affiliated with the same tion, or an employee within the labor organi- duties or powers in any court as either a political party. zation’s bargaining unit or units in the case party or as amicus curiae, either— ‘‘(C) VACANCY.—The vice chair shall act as of a labor organization, it shall be unlawful— ‘‘(i) by attorneys employed in its office, or chair in the absence or disability of the chair ‘‘(A) for any corporation described in this ‘‘(ii) by counsel whom the Commission or in the event of a vacancy of the chair.’’. section to use funds from its general treas- may appoint, on a temporary basis as may be (c) EFFECTIVE DATE.— ury for the purpose of political activities; or necessary for such purpose, without regard (1) IN GENERAL.—The term of the seventh ‘‘(B) for any labor organization described to the provisions of title 5, United States member of the Federal Election Commission in this section to collect from or assess such Code, governing appointments in the com- appointed under section 306(a)(1)(C) of the employee any dues, initiation fee, or other petitive service, and whose compensation it Federal Election Campaign Act of 1971, as payment if any part of such dues, fee, or pay- may fix without regard to the provisions of added by subsection (a) of this section, shall ment will be used for political activities. chapter 51 and subchapter III of chapter 53 of begin on May 1, 2002. ‘‘(2) EFFECT OF AUTHORIZATION.—An author- such title, and whose compensation shall be (2) CURRENT MEMBERS.—Any member of the ization described in paragraph (1) shall re- paid out of any funds otherwise available to Federal Election Commission serving a term main in effect until revoked and may be re- pay the compensation of employees of the on the date of enactment of this Act (or any voked at any time. Commission. successor of such term) shall continue to ‘‘(c) CONTENTS.— ‘‘(B) SUPREME COURT.—The authority granted under subparagraph (A) includes the serve until the expiration of the term. ‘‘(1) IN GENERAL.—The report submitted under subsection (a) shall disclose informa- power to appeal from, and petition the Su- SA 133. Mr. CLELAND submitted an preme Court for certiorari to review, judg- tion regarding the dues, fees, and assess- ments or decrees entered with respect to ac- amendment intended to be proposed by ments spent at each level of the labor orga- tions in which the Commission appears him to the bill S. 27, to amend the Fed- nization and by each international, national, under the authority provided in this sec- eral Election Campaign Act of 1971 to State, and local component or council, and tion.’’. provide bipartisan campaign reform; each affiliate of the labor organization and which was ordered to lie on the table; information on funds of a corporation spent by each subsidiary of such corporation show- SA 132. Mr. CLELAND submitted an as follows: amendment intended to be proposed by ing the amount of dues, fees, and assess- On page 37, between lines 14 and 15, insert ments or corporate funds disbursed in the him to the bill S. 27, to amend the Fed- the following: eral Election Campaign Act of 1971 to following categories: SEC. 305. REQUIRED CONTRIBUTOR CERTIFI- provide bipartisan campaign reform; ‘‘(A) Direct activities, such as cash con- CATION. tributions to candidates and committees of which was ordered to lie on the table; Section 301(13) of the Federal Election political parties. as follows: Campaign Act of 1971 (2 U.S.C. 431(13)) is ‘‘(B) Internal and external communications On page 37, between lines 14 and 15, insert amended— relating to specific candidates, political the following: (1) in subparagraph (A)— causes, and committees of political parties. SEC. 305. RESTRUCTURING OF THE FEDERAL (A) by striking ‘‘and’’ the first place it ap- ‘‘(C) Internal disbursements by the labor ELECTION COMMISSION. pears; and organization or corporation to maintain, op- (a) IN GENERAL.—So much of section 306(a) (B) by inserting ‘‘, and an affirmation that erate, and solicit contributions for a sepa- of the Federal Election Campaign Act of 1971 the individual is an individual who is not rate segregated fund. (2 U.S.C. 437c(a)) as precedes paragraph (2) is prohibited by sections 319 and 320 from mak- ‘‘(D) Voter registration drives, State and amended to read as follows: ing the contribution’’ after ‘‘employer’’; and precinct organizing on behalf of candidates ‘‘(a) COMPOSITION OF COMMISSION.— (2) in subparagraph (B) by inserting ‘‘and and committees of political parties, and get- ‘‘(1) IN GENERAL.— an affirmation that the person is a person out-the-vote campaigns. ‘‘(A) ESTABLISHMENT.—There is established that is not prohibited by sections 319 and 320 ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For a commission to be known as the Federal from making a contribution’’ after ‘‘such each of the categories of information de- Election Commission. person’’. scribed in a subparagraph of paragraph (1), ‘‘(B) APPOINTMENT OF MEMBERS.—The Com- the report shall identify the candidate for mission shall be composed of 7 members ap- SA 134. Mr. HATCH proposed an public office on whose behalf disbursements pointed by the President, by and with the ad- amendment to the bill S. 27, to amend were made or the political cause or purpose vice and consent of the Senate, of which 1 the Federal Election Campaign Act of for which the disbursements were made. member shall be appointed by the President 1971 to provide bipartisan campaign re- ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— from nominees recommended under subpara- The report under subsection (a) shall also graph (C). form; as follows: list all contributions or expenditures made ‘‘(C) NOMINATIONS.— Beginning on page 35, strike line 8 and all by separated segregated funds established ‘‘(i) IN GENERAL.—The Supreme Court shall that follows through page 37, line 14, and in- and maintained by each labor organization recommend 10 nominees from which the sert the following: or corporation. President shall appoint a member of the SEC. 304. DISCLOSURE OF AND CONSENT FOR ‘‘(d) TIME TO MAKE REPORTS.—A report re- Commission. DISBURSEMENTS OF UNION DUES, FEES, AND ASSESSMENTS OR COR- quired under subsection (a) shall be sub- ‘‘(ii) QUALIFICATIONS.—The nominees rec- PORATE FUNDS FOR POLITICAL AC- mitted not later than January 30 of the year ommended under clause (i) shall be individ- TIVITIES. beginning after the end of the election cycle uals who have not, during the time period Title III of the Federal Election Campaign that is the subject of the report. beginning on the date that is 5 years prior to Act of 1971 (2 U.S.C. 431 et seq.) is amended ‘‘(e) DEFINITIONS.—In this section: the date of the nomination and ending on the by inserting after section 304 the following: ‘‘(1) ELECTION CYCLE.—The term ‘election date of the nomination— ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF cycle’ means, with respect to an election, the ‘‘(I) held elective office as a member of the UNION DUES, FEES, AND ASSESS- period beginning on the day after the date of Democratic or Republican political party; MENTS OR CORPORATE FUNDS FOR the previous general election for Federal of- ‘‘(II) received any wages from the Demo- POLITICAL ACTIVITIES. fice and ending on the date of the next gen- cratic or Republican political party; or ‘‘(a) DISCLOSURE.—Any corporation or eral election for Federal office. ‘‘(III) provided substantial volunteer serv- labor organization (including a separate seg- ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- ices or made any substantial contribution to regated fund established and maintained by ical activity’ means— the Democratic or Republican political party such entity) that makes a disbursement for ‘‘(A) voter registration activity; or to a public officeholder or candidate for political activity or a contribution or ex- ‘‘(B) voter identification or get-out-the- public office who is associated with the penditure during an election cycle shall sub- vote activity; Democratic or Republican political party. mit a written report for such cycle— ‘‘(C) a public communication that refers to ‘‘(D) LIMIT ON PARTY AFFILIATION.—Of the 6 ‘‘(1) in the case of a corporation, to each of a clearly identified candidate for Federal of- members not appointed pursuant to subpara- its shareholders; and fice and that expressly advocates support for graph (C), no more than 3 members may be ‘‘(2) in the case of a labor organization, to or opposition to a candidate for Federal of- affiliated with the same political party.’’. each employee within the labor organiza- fice; and (b) CHAIR OF COMMISSION.—Section 306(a)(5) tion’s bargaining unit or units; ‘‘(D) disbursements for television or radio of the Federal Election Campaign Act of 1971 disclosing the portion of the labor organiza- broadcast time, print advertising, or polling (2 U.S.C. 437c(a)(5)) is amended by striking tion’s income from dues, fees, and assess- for political activities.’’ paragraph (5) and inserting the following: ments or the corporation’s funds that was ‘‘(5) CHAIR; VICE CHAIR.— expended directly or indirectly for political SA 135. Mr. SCHUMER submitted an ‘‘(A) IN GENERAL.—A member appointed activities, contributions, and expenditures amendment intended to be proposed by under paragraph (1)(C) shall serve as chair of during such election cycle. the Commission and the Commission shall ‘‘(b) CONSENT.— him to the bill S. 27, to amend the Fed- elect a vice chair from among the Commis- ‘‘(1) PROHIBITION.—Except with the sepa- eral Election Campaign Act of 1971 to sion’s members. rate, prior, written, voluntary authorization provide bipartisan campaign reform;

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.053 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2679 which was ordered to lie on the table; ‘‘(D) Voter registration drives, State and Committee on Intelligence be author- as follows: precinct organizing on behalf of candidates ized to meet during the session of the On page 37, between lines 14 and 15, insert and committees of political parties, and get- Senate on Wednesday, March 21, 2001, out-the-vote campaigns. the following: at 3 p.m., to hold a closed hearing on ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For SEC. 305. SENSE OF THE SENATE. each of the categories of information de- intelligence matters. (a) FINDINGS.—The Senate finds that— scribed in a subparagraph of paragraph (1), The PRESIDING OFFICER. Without (1) the right to vote is fundamental under the report shall identify the candidate for objection, it is so ordered. the United States Constitution; public office on whose behalf disbursements SUBCOMMITTEE ON CLEAN AIR, WETLANDS, (2) all Americans should be able to vote were made or the political cause or purpose PRIVATE PROPERTY AND NUCLEAR SAFETY unimpeded by antiquated technology, admin- for which the disbursements were made. istrative difficulties, or other undue barriers; Mr. MCCONNELL. Mr. President, I ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— ask unanimous consent that the Sub- (3) States and localities have shown great The report under subsection (a) shall also interest in modernizing their voting and list all contributions or expenditures made committee on Clean Air, Wetlands, Pri- election systems, but require financial as- by separated segregated funds established vate Property and Nuclear Safety be sistance from the Federal Government; and maintained by each labor organization authorized to meet on Wednesday, (4) more than one Standing Committee of or corporation. March 21, at 9:30 a.m., on the Clean Air the Senate is in the course of holding hear- ‘‘(c) TIME TO MAKE REPORTS.—A report re- Act with regard to the nation’s energy ings on the subject of election reform; and quired under subsection (a) shall be sub- policy. (5) election reform is not ready for consid- mitted not later than January 30 of the year The PRESIDING OFFICER. Without eration in the context of the current debate beginning after the end of the election cycle concerning campaign finance reform, but re- that is the subject of the report. objection, it is so ordered. quires additional attention from committees ‘‘(d) DEFINITIONS.—In this section: SUBCOMMITTEE ON READINESS AND before consideration by the full Senate. ‘‘(1) ELECTION CYCLE.—The term ‘election MANAGEMENT SUPPORT (b) SENSE OF THE SENATE.—It is the sense cycle’ means, with respect to an election, the Mr. MCCONNELL. Mr. President, I of the Senate that the Senate should sched- period beginning on the day after the date of ask unanimous consent that the Sub- ule election reform legislation for floor de- the previous general election for Federal of- committee on Readiness and Manage- bate not later than June 29, 2001. fice and ending on the date of the next gen- ment Support of the Committee on eral election for Federal office. SA 136. Mr. HATCH proposed an ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- Armed Services be authorized to meet amendment to the bill S. 27, to amend ical activity’ means— during the session of the Senate on the Federal Election Campaign Act of ‘‘(A) voter registration activity; Wednesday, March 21, 2001, at 9:30 a.m., 1971 to provide bipartisan campaign re- ‘‘(B) voter identification or get-out-the- in open session to receive testimony on form; as follows: vote activity; installation readiness, in review of the ‘‘(C) a public communication that refers to On page 37, between lines 14 and 15, and in- Defense authorization request for fiscal a clearly identified candidate for Federal of- year 2002 and the future years’ Defense sert the following: fice and that expressly advocates support for SEC. 305. DISCLOSURE OF DISBURSEMENTS OF or opposition to a candidate for Federal of- program. UNION DUES, FEES, AND ASSESS- fice; and The PRESIDING OFFICER. Without MENTS OR CORPORATE FUNDS FOR objection, it is so ordered. POLITICAL ACTIVITIES. ‘‘(D) disbursements for television or radio Title III of the Federal Election Campaign broadcast time, print advertising, or polling SUBCOMMITTEE ON SURFACE TRANSPORTATION Act of 1971 (2 U.S.C. 431 et seq.) is amended for political activities.’’ AND MERCHANT MARINE by inserting after section 304 the following: f Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sub- ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF NOTICES OF HEARINGS UNION DUES, FEES, AND ASSESS- committee on Surface Transportation MENTS OR CORPORATE FUNDS FOR COMMITTEE ON AGRICULTURE, NUTRITION, AND and Merchant Marine of the Com- POLITICAL ACTIVITIES. FORESTRY mittee on Commerce, Science, and ‘‘(a) IN GENERAL.—Any corporation or Mr. LUGAR. Mr. President, I would Transportation be authorized to meet labor organization (including a separate seg- like to announce that the Committee regated fund established and maintained by on Wednesday, March 21, 2001, at 9:30 such entity) that makes a disbursement for on Agriculture, Nutrition, and For- a.m., on oversight of the Surface political activity or a contribution or ex- estry will meet on March 27, 2001, in Transportation Board. penditure during an election cycle shall sub- SR–328A at 9 a.m. The purpose of this The PRESIDING OFFICER. Without mit a written report for such cycle— hearing will be to review the Research, objection, it is so ordered. ‘‘(1) in the case of a corporation, to each of Extension and Education title of the SUBCOMMITTEE ON WATER AND POWER its shareholders; and farm bill. Mr. MCCONNELL. Mr. President, I ‘‘(2) in the case of a labor organization, to f each employee within the labor organiza- ask unanimous consent that the Sub- tion’s bargaining unit or units; AUTHORITY FOR COMMITTEES TO committee on Water and Power of the disclosing the portion of the labor organiza- MEET Committee on Energy and Natural Re- tion’s income from dues, fees, and assess- sources be authorized to meet during ments or the corporation’s funds that was COMMITTEE ON ENERGY AND NATURAL RESOURCES the session of the Senate on Wednes- expended directly or indirectly for political day, March 21, at 2 p.m., to conduct an activities, contributions, and expenditures Mr. MCCONNELL. Mr. President, I during such election cycle. ask unanimous consent that the Com- oversight hearing. The subcommittee ‘‘(b) CONTENTS.— mittee on Energy and Natural Re- will receive testimony on the Klamath ‘‘(1) IN GENERAL.—The report submitted sources be authorized to meet during Project in Oregon, including implemen- under subsection (a) shall disclose informa- the session of the Senate on Wednes- tation of PL 106–498 and how the tion regarding the dues, fees, and assess- day, March 21, at 9:30 a.m., to conduct project might operate in what is pro- ments spent at each level of the labor orga- an oversight hearing. The committee jected to be a short water year. nization and by each international, national, will review current U.S. energy trends The PRESIDING OFFICER. Without State, and local component or council, and objection, it is so ordered. each affiliate of the labor organization and and recent changes in energy markets. information on funds of a corporation spent The PRESIDING OFFICER. Without f objection, it is so ordered. by each subsidiary of such corporation show- DESIGNATING UNITED STATES COMMITTEE ON FOREIGN RELATIONS ing the amount of dues, fees, and assess- POST OFFICE FACILITIES AT 620 ments or corporate funds disbursed in the Mr. MCCONNELL. Mr. President, I JACARANDA STREET IN LANAI following categories: ask unanimous consent that the Com- ‘‘(A) Direct activities, such as cash con- mittee on Foreign Relations be author- CITY, HAWAII, AND AT 2305 tributions to candidates and committees of ized to meet during the session of the MINTON ROAD IN WEST MEL- political parties. Senate on Wednesday, March 21, 2001, BOURNE, FLORIDA ‘‘(B) Internal and external communications at 2 p.m., to hold a hearing. Mr. MCCONNELL. Mr. President, I relating to specific candidates, political The PRESIDING OFFICER. Without ask unanimous consent that the Sen- causes, and committees of political parties. ‘‘(C) Internal disbursements by the labor objection, it is so ordered. ate now proceed to the consideration, organization or corporation to maintain, op- SELECT COMMITTEE ON INTELLIGENCE en bloc, of the following post office erate, and solicit contributions for a sepa- Mr. MCCONNELL. Mr. President, I naming bills that are at the desk: H.R. rate segregated fund. ask unanimous consent that the Select 395 and H.R. 132.

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.055 pfrm03 PsN: S21PT1 S2680 CONGRESSIONAL RECORD — SENATE March 21, 2001 The PRESIDING OFFICER. Without APPOINTMENT PROGRAM objection, it is so ordered. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, for The clerk will state the bills by title. Chair, on behalf of the majority leader, pursuant to Public Law 101–549, ap- the information of all Senators, the The assistant legislative clerk read Senate will resume consideration of as follows: points Josephine S. Cooper, of Wash- ington, DC, to the Board of Directors of the pending Hatch amendment for up A bill (H.R. 132) to designate the facility of the Mickey Leland National Urban Air to 30 minutes tomorrow morning. Sen- the United States Postal Service located at Toxics Research Center, vice Joseph H. ators should expect a vote in relation 620 Jacaranda Street in Lanai City, Hawaii, Graziano. to the amendment at approximately as the ‘‘Goro Hokama Post Office’’. f 9:30 a.m. Amendments will be offered A bill (H.R. 395) to designate the facility of the United States Postal Service located at ORDERS FOR THURSDAY, MARCH and voted on throughout the day to- 2305 Minton Road in West Melbourne, Flor- 22, 2001 morrow. ida, as the ‘‘Ronald W. Reagan Post Office of As a reminder, votes will also occur West Melbourne, Florida’’. Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the during Friday’s session of the Senate. There being no objection, the Senate Senate completes its business today, it proceeded to consider the bills en bloc. adjourn until the hour of 9 a.m. on f Mr. MCCONNELL. Mr. President, I Thursday, March 22. I further ask ask unanimous consent that the bills unanimous consent that on Thursday, ADJOURNMENT UNTIL 9 A.M. be read the third time and passed, the immediately following the prayer, the TOMORROW motions to reconsider be laid upon the Journal of proceedings be approved to table, and that any statements relating date, the morning hour be deemed to Mr. MCCONNELL. Mr. President, if to either of these bills be printed in the have expired, the time for the two lead- there is no further business to come be- RECORD, with the above occurring en ers be reserved for their use later in fore the Senate, I now ask that the bloc. the day, and the Senate then resume Senate stand in adjournment under the consideration of the pending Hatch previous order. The PRESIDING OFFICER. Without amendment to S. 27, the campaign fi- objection, it is so ordered. nance reform bill. There being no objection, the Senate, The bills (H.R. 132 and H.R. 395) were The PRESIDING OFFICER. Without at 7:08 p.m., adjourned until Thursday, read the third time and passed. objection, it is so ordered. March 22, 2001, at 9 a.m.

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