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

Vol. 147 WASHINGTON, TUESDAY, MARCH 20, 2001 No. 37 Senate The Senate met at 9:30 a.m. and was The legislative clerk read the fol- day, and there would be debate on the called to order by the Honorable MIKE lowing letter: next amendment last night and we DEWINE, a Senator from the State of U.S. SENATE, would be ready for a vote now. That is Ohio. PRESIDENT PRO TEMPORE, not the case because of the spectacle Washington, DC, March 20, 2001. that occurred at the end of the vote PRAYER To the Senate: yesterday. The Chaplain, Dr. Lloyd John Under the provisions of rule I, paragraph 3, I thought it did not go well, and I Ogilvie, offered the following prayer: of the Standing Rules of the Senate, I hereby thought the Senate looked very close Spirit of the living God, fall afresh on appoint the Honorable MIKE DEWINE, a Sen- ator from the State of Ohio, to perform the to being silly on our first amendment this Senate Chamber. Enter the mind duties of the Chair. on this very important issue. I was and heart of each Senator and reign as STROM THURMOND, stunned, quite frankly; on an amend- Sovereign over all that is said and done President pro tempore. ment as broadly supported as I know this day. We praise You for the dedica- Mr. DEWINE thereupon assumed the the amendment is, to give candidates tion of the Senators and for their ear- chair as Acting President pro tempore. that are running against superwealthy nestness to deal with the crucial issues f candidates some way to be able to com- before our Nation. May these days of pete, I can’t help but believe that when genuine exchange of concerns and con- RECOGNITION OF THE MAJORITY we get a direct vote on that issue, it victions move the Senate forward to an LEADER will pass overwhelmingly. My assump- agreeable solution for the future of The ACTING PRESIDENT pro tem- tion was that it got tangled up just be- campaigning for office in America. pore. The majority leader is recog- cause it was the first vote and there Lord, we are here to serve You and nized. was a desire to show that one side or Your best for our Nation. Thank You f the other was going to win. I was very for all the people who contribute to the disappointed in that. Senate with such loyal and excellent SCHEDULE I am also concerned, with the agree- service. Today we praise you for the Mr. LOTT. Mr. President, today the ment that was reached, in all fairness, life of John Roberson who worked in Senate will immediately resume con- on both sides, that we would have the Disbursing Office for 20 years. Now sideration of the campaign finance re- amendments and regular votes every 3 as his family and friends grieve his form legislation. An amendment re- hours, we had already slipped 3 hours death, we ask You especially to care garding self-financed campaigns is ex- on that. And also I hope, once again, for his son Dave who has followed in pected to be offered, with up to 3 hours that objections to Senators amending his father’s footsteps with his own 20- of debate in order. It is also expected their own amendments will not be year period of loyal service. that some debate time will be yielded heard. The tradition around here is Today, we renew our commitment to back and that a vote will occur some- that we allow colleagues to amend do all we can to serve the best we can time around noon today—certainly be- their own amendments. I think that is and express Your care for whomever we fore the weekly party luncheons. We when the confusion began yesterday in can. Amen. will be in recess from approximately a very disappointing beginning. f 12:30 until 2:15 p.m. for the weekly con- But Senators on both sides worked PLEDGE OF ALLEGIANCE ferences to meet. Amendments are ex- last night and worked this morning, pected to be offered throughout the day and I understand an agreement has The Honorable MIKE DEWINE led the and therefore votes on amendments are been reached as to the amendment that Pledge of Allegiance, as follows: expected to occur approximately every will be offered in a few minutes. After I pledge allegiance to the Flag of the 3 hours. United States of America, and to the Repub- that is offered, we will come back and lic for which it stands, one nation under God, I am concerned about the very inaus- have another amendment on this side indivisible, with liberty and justice for all. picious beginning that the Senate had of the aisle and Senator MCCONNELL f on this legislation yesterday. I had de- and others will have an opportunity. scribed it as a jump ball, where every- I yield to the Senator from Arizona. APPOINTMENT OF ACTING body would have a free and fair oppor- Mr. MCCAIN. Mr. President, I tell the PRESIDENT PRO TEMPORE tunity to offer amendments and have majority leader that we have an The PRESIDING OFFICER. The debate but there would be votes on amendment. I don’t believe it will take clerk will please read a communication those amendments after 3 hours. I ex- all 3 hours because it was debated last to the Senate from the President pro pected we would have a vote sometime night. We have an agreement which is tempore [Mr. THURMOND]. between 5:30 and 6:30, as we did yester- being written up now. So I believe that

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

S2535

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VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2536 CONGRESSIONAL RECORD — SENATE March 20, 2001 we could, within a fairly brief period of other side. I know that is not the Sen- Mr. DURBIN. Mr. President, I believe time, have a vote on it and move on to ator’s intention. That is one of the rea- the agreement of the Senate as we ad- another amendment from the Repub- sons why we alternate, so that one side journed yesterday was that the Demo- lican side, thereby sort of catching up or the other won’t have a block of cratic side, this Senator in particular, from yesterday. amendments at the end of the process. would be offering an amendment. I am I mention also that we were supposed Mr. REID. I appreciate the Senator prepared very shortly to yield to the to start at noon yesterday, but we yielding. There are three Republican Senator from New Mexico and the Sen- didn’t start until 1. I don’t know whose amendments. There would be one ator from Ohio and to acknowledge decision that was. That is not impor- Democratic amendment, and we would their leadership on this issue. We are tant. We can catch up this morning. We go back to the Republican side. That is addressing probably one of the most met this morning and we are getting how we should do it. complicated problems we face, a Su- the final details, which we needed to Mr. LOTT. Mr. President, I yield the preme Court decision in Buckley v. do. This is a very complex, extremely floor. Valeo which said that a person who de- complex issue. f cides to run for office and is personally The challenges of a millionaire de- wealthy cannot be limited in the RESERVATION OF LEADER TIME claring his or her candidacy in Wyo- amount of personal wealth they spend ming are significantly different from The PRESIDING OFFICER (Mr. in order to obtain this office. doing that in the State of California. CHAFEE). Under the previous order, the Meanwhile, other candidates who are We tried to accommodate it and, frank- leadership time is reserved. not personally wealthy face all sorts of ly, we have. Those issues were still un- f limitations on how much money they resolved last night when the vote was BIPARTISAN CAMPAIGN REFORM can raise from individuals, how much attempted, and all of us were confident ACT OF 2001 they can raise in a given period of that we could work out the differences, time, how much they can raise from bring up an agreement, which will be The PRESIDING OFFICER. Under political action committees. brought up in the name of Senator the previous order, the Senate will now The effort in which I have joined Sen- DOMENICI and Senator DEWINE and Sen- resume consideration of S. 27, which ator DOMENICI and Senator DEWINE is a ator DURBIN, and we can have a rel- the clerk will report. response to that, I hope a reasonable atively brief period of debate and vote The legislative clerk read as follows: response to that, which says we know on it and then move to another amend- A bill (S. 27) to amend the Federal Election the day will come when wealthy people ment by Senator MCCONNELL, or who- Campaign Act of 1971 to provide bipartisan will run for office, but we also want to ever he designates. campaign reform. say if you are not wealthy, you should Mr. LOTT. Mr. President, let me say The PRESIDING OFFICER. Under have a chance to compete and to de- to Senator MCCAIN—and then I will the previous order, the Democratic liver your message to the voters and to yield to Senator REID—I appreciate the leader, or his designee, is recognized to appeal to them for support. fact that something has been worked offer an amendment. We have come up with a proposal out which appears to be fair to all Mr. REID. I suggest the absence of a which Senator DOMENICI and Senator sides. And since we already debated it quorum. DEWINE will describe in detail. We were for a time yesterday, it won’t be nec- The PRESIDING OFFICER. The having conversations on the floor, up essary to rehash all of that. Maybe we clerk will call the roll. to the beginning of this speech, about can make up for some of the lost time. The legislative clerk proceeded to aspects of this matter which we hope The clear understanding, when the call the roll. to address. If we cannot address it par- Senator from Arizona and I discussed Mr. REID. Mr. President, I ask unan- ticularly in the language of this this issue, was that we would try to imous consent that the order for the amendment, we will acknowledge what keep it on a steady schedule and get quorum call be rescinded. we consider to be some of the questions amendments offered and voted on every The PRESIDING OFFICER. Without that will be raised and try to address it 3 hours, or less if possible. objection, it is so ordered. The Senator later in debate. We have been in con- I yield to Senator REID. from Nevada. versation with Senator MCCAIN and Mr. REID. Mr. President, we are Mr. REID. Mr. President, it is my un- Senator FEINGOLD. They are familiar hopeful that the first vote is not indic- derstanding that the amendment Sen- with what we are doing. I do not pur- ative of what the future is going to ator DOMENICI is going to offer is not port to suggest they support it. They hold. I hope that will be the downside yet ready, but we want to start talking can speak for themselves. We believe of the work on this important piece of about it, the procedure being at such this is a responsible way to address a legislation. I think yesterday was well time the amendment comes from legis- serious problem we face in political spent. There were relatively very few lative drafting, Senator DURBIN will be campaigns. quorum calls, maybe just for brief mo- recognized when the Chair feels that is If the Senator from New Mexico is ments, and I think we were able to ac- appropriate. He will yield at that time prepared, at this point I yield to him complish a lot last night and this to Senator DOMENICI, who will offer an with the understanding that when the morning. I also say that during this amendment on his behalf, and whoever amendment arrives, the Senator from next day or two, there are a number of else wants to be on the amendment. New Mexico, Mr. DOMENICI, and Sen- Members who wish to give statements The PRESIDING OFFICER. The Sen- ator DEWINE, and I will join as cospon- about the bill itself. They can do this ator from Kentucky. sors with others. during the time these amendments are Mr. MCCONNELL. Mr. President, I I yield to the Senator from New Mex- pending. Some of them want to take ask the Senator from Nevada if he ico. the full 3 hours. I have already told agrees that we ought to begin the 3- The PRESIDING OFFICER. The Sen- Senator MCCAIN that I am not too cer- hour time limit. ator from New Mexico. tain that we need to alternate. We Mr. REID. I agree. Mr. DOMENICI. I say to the Senator don’t have many amendments over Mr. MCCONNELL. Mr. President, I from Illinois, I thank the Senator for here. So I publicly advise those on the ask unanimous consent, even though his cooperation and help. Obviously, other side of the aisle who want to the amendment has not yet been laid the Senator came on board with the offer amendments, they should get down, since we are going to be dis- idea encapsulated in the Domenici them ready because we are not going to cussing it, that the 3-hour time limit amendment yesterday, and as we pro- have a lot to offer. begin with this discussion. We under- gressed through it, it appeared that a Mr. LOTT. If I may respond to the stand most of that time may be yielded number of Senators wanted some last suggestion, that would be fine. back, but at least this will begin the changes. So we set about yesterday However, we want to make sure that, if time. evening—and well into the evening—to we don’t alternate, at the end we don’t The PRESIDING OFFICER. Without try to arrive at changes necessary to have amendments show up that would objection, it is so ordered. The Senator accommodate a wide variety of Sen- be offered, one behind the other, on the from Illinois. ators and still make it effective.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2537 There is no question, anytime you spend their own money and get elected, Let me, again, thank Senator DOMEN- work on something as complicated as a requirement that they cannot change ICI, Senator DURBIN, Senator COLLINS, this, although we think we have done a their mind about how to finance that Senator MCCAIN, Senator FEINGOLD, good job, it may very well be in due campaign and start raising money to and others for their input, their sug- course, as this bill evolves further, that pay back their debt after they are gestions, and their work during these there may have to be other amend- elected. We passed that around yester- negotiations. ments as people analyze and find other day, and everyone seems to understand I believe the amendment, with their problems that might be inherent in it. If you incur debt from a personal help, is a consensus approach that will this situation. loan and then you get elected as Sen- help make our election process more I thank in a very special way Senator ator, and then you go around and say, fair and more equitable. DEWINE from the State of Ohio. From now I am the Senator, I want you to It is unfortunate that we need such the beginning, we had hoped that yes- get me money so I can pay back what an amendment at all. But the sad re- terday we would introduce a Domenici- I used of my own money to run for ality is in campaigns today we are DeWine amendment. I introduced the election. It is clear in this amendment moving down a road where personal amendment which was debated yester- that you cannot do that in the future. wealth is becoming the chief qualifica- day. Many people at least understand All that is future, prospective. tion for candidates seeking office. The what we are trying to do and what the Senator DEWINE will now explain the reality is in the last several election problem is. To the extent we are trying triggering mechanisms and how this cycles, both parties have looked around to figure out a solution, Senator will apply to each State. We will have the country to try to find wealthy can- DEWINE has been a marvelous partner a chart so every Senator can see how it didates who can self-finance their own and an excellent leader. applies. I thank Senator DEWINE, who campaigns. This is no reflection on Today I will briefly explain what we has been a real help. To the other Sen- those candidates. But it is the reality are trying to do and some of the basic ators on the floor, particularly Senator of life today. fundamentals, and then I will yield to This amendment attempts to bring MCCAIN, thank you for your help. Sen- Senator DEWINE. about equity and fairness and also, ator MCCAIN clearly said if we did not The way we will determine the trig- quite candidly, to increase the oppor- win the other one, we would put this ger for the nonwealthy candidate—that tunity for all candidates to get their together and it would be bipartisan, is, the candidate confronted with an ideas to the public. opponent who will spend a lot of their and he joined. This amendment is truly about the There are a few things in this amend- own money—will vary in States de- first amendment—it is about free ment we both know have to be ironed pending on the voting age population. speech—and it is about allowing can- out in the future, but I think it is an That is Senator DEWINE’s idea. In es- didates to have the opportunity to take excellent amendment. sence, it says to a Senator in a State their ideas into the marketplace, to For the first time in history, we such as Idaho, if somebody decides to broadcast them, to be able to pay for think we are legally addressing the run and spends their own money in the commercials, and to have their ex- issue of a person who asserts their con- large quantities, that Senator is going change of ideas in that political mar- stitutional rights—which the Court to be able to raise money somewhat ketplace that our Founding Fathers said is constitutional—to spend their easier than he or she would have if deemed so very important. own money, but they do it in inordi- they were bound by the 26-year-old law The reality is, though, personal nate amounts as compared to what a which has $1,000 individual contribu- wealth has changed the whole dynamic candidate on the other side could be ex- tion limits per election and $5,000 in of today’s Federal elections. It has pected to raise under current restric- money that can come from PACs. changed it in a way that no one in 1976, Essentially, once you hit the formula tive laws, which are 26 years old and when the Supreme Court handed down amount, this is what will happen. When ought to be fixed. it’s decision, could have envisioned. No I yield the floor. you reach the first level, the individual one could have envisioned the amount The PRESIDING OFFICER (Mr. FITZ- limits are raised to $3,000 under current of money individual candidates now GERALD). The Senator from Ohio. law. That means you can raise $3,000 in pour into their own campaigns. Mr. DEWINE. Mr. President, this the primary and $3,000 in the general. The fact is, as I said on the Senate chart we will discuss in a moment was When you hit the next level, which floor last night, there currently exists prepared last night by my law clerk, Senator DEWINE will talk about, the a loophole, but a constitutionally pro- Susan Bruno. She has been working on contribution limits for the non- tected loophole, for candidates to use that, and we thank her for it. wealthy person are raised six times in their own personal money to finance I congratulate and thank my col- the primary, $6,000 in the primary, their own campaigns. This loophole, of league from New Mexico, Senator $6,000 in the general. course, resulted from the 1976 Supreme Then something new was brought DOMENICI, and my colleague from Illi- Court case, Buckley v. Valeo. In that into the discussion yesterday evening, nois, Senator DURBIN, for their work on case, the Supreme Court reviewed the this amendment. The amendment we principally based upon Senator FEIN- constitutionality of the Federal Elec- have now is the result of weeks of dis- STEIN’s discussion, after having faced tion Campaign Act of 1974. In the Buck- what one might call a superspender. We cussions and negotiations among Sen- ley case, the United States Supreme have a superspender defined, and Sen- ator DOMENICI, Senator DURBIN, and Court struck down limitations on the ator DEWINE will define what that is myself. That culminated last night in following: One, campaign expenditures; when he speaks. further discussions involving more two, independent expenditures by indi- We eliminate the party coordinated Senators, both Republican and Demo- viduals and groups; and, three, expendi- expenditure limits, all hard dollars— crat. tures by candidates from their personal until the poor candidate raises up to an I thank the members of our staff who funds. amount equal to the self-financing of worked long into the night after we The Buckley decision has effectively the superspender. I assume during that had set the basic parameters ourselves created a substantial disadvantage for period of time they can continue to for what this discussion would be. opposing candidates who must raise all raise the $6,000 from individuals. The amendment we have in front of campaign funds under the current The way it is done, it requires a bit us is bipartisan, and it is the work fundraising limitations. Current fund of bookkeeping, but everybody keeps a product of a great number of people. limitations, of course, are $1,000 per lot of books now. Everybody has But let me particularly thank Senator donor. So you have the situation where records galore. Obviously, there are DOMENICI for taking the lead and for the candidate who cannot self-finance floating triggers that will come about being one who had this idea, frankly, has to raise money in a maximum of based upon when the wealthy can- over a decade ago, and who has been $1,000 increments but has to then go up didate, or superspender, starts putting talking about this idea year after year. against another candidate who can put their money into the campaign. We are now to the point where we have in maybe an unlimited amount of There is one other provision that has the ability to see this amendment en- money—millions and millions of dol- been in both vehicles for Senators who acted into law. lars.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2538 CONGRESSIONAL RECORD — SENATE March 20, 2001 The fact is, because of the Constitu- dividual voting age populations of each own money. I think this makes a great tion, because of the Supreme Court’s state, in recognition that the cost of deal of sense. This was a provision that decision, and because of the statutes elections vary greatly between the was worked out, again, last night. we have written, we now have what, for states. The actual calculation of the Finally, our amendment includes a the general public, would appear at thresholds uses a baseline formula and notice provision. This requires can- least to be a rather ludicrous situation. multiples of that baseline. Our popu- didates to notify the Federal Election That situation is that everyone in the lation-based calculation allows the in- Commission within 24 hours of crossing country is limited to $1,000 they can dividual contribution limit increases a threshold. Candidates also must no- put into a candidate’s campaign—ev- to kick in sooner in states with smaller tify the FEC within 24 hours of any ad- erybody in the country except one per- populations, where candidates get more ditional contributions totaling $10,000, son. That one person who has the abil- bang for the buck. A half million dol- once they are over a threshold. ity to put money in, in an unlimited lars in a campaign in Wyoming, after That is our amendment in a nutshell. fashion, in an unlimited amount, is, of all, goes a heck of a lot farther and can The fact is, the Supreme Court has course, the candidate. buy a lot more television air time and ruled that personal expenditures can- That, I think, to most people would direct mail pieces than it can in Ohio not be limited. Let me say this very seem to be an absurd situation. But or in California. Simple put, this for- clearly: Our amendment is not trying this is a constitutional issue. This is, if mula recognizes that a one-size fits all to change nor challenge that. We ac- it is a loophole, certainly a constitu- approach won’t work for all states. cept that. It is the interpretation of tionally protected loophole—unlimited The baseline is based on the fol- the Supreme Court, in interpreting the personal expenditures from rich can- lowing formula: $.04 the voting age first amendment to the Constitution, didates but limited personal contribu- population + $150,000. The first thresh- which we must and do respect. tions for everyone else. That is the re- old starts at double the baseline. This amendment is not an attempt to ality today. When a wealthy candidate crosses undo what the Court decided. It is not This reality has resulted in enhanced the first threshold, the opposing can- an attempt to limit personal expendi- personal wealth in campaigns to such didate’s hard money cap for individual tures, nor in any way to inhibit those an extent that I think no one even 10 contributions, which currently is expenditures, nor in fact to punish peo- years ago could have imagined its im- $1,000, goes up three times to $3,000. ple for making those expenditures. portance. The second threshold is a double the Rather, it is an attempt to correct for The whole dynamic of political cam- first threshold—and the hard money the unintended effects of the Court’s paigning has fundamentally changed in cap increases to $6,000. decision. this country because of this Court deci- So when you get to that second Again, no one—no one—when the sion and because of the ability in the threshold, when the wealthy candidate Buckley case came out in the mid- last few years of candidates to self-fi- puts in that second amount of money 1970s, could have envisioned what we nance their own campaigns. or hits that level, the second one kicks have seen today. This amendment is It has made it more difficult for non- in, which means then the nonwealthy based upon our additional experience— wealthy opponents to compete and to candidate who was not being self-fi- 25 years of experience—in seeing how get their messages and their ideas nanced can raise six times what the this has played out. It is an attempt to across to the public. current law is. The current law, of correct the inequities in the system Our amendment tries in a constitu- course, is $1,000. That would take it up and establish fairness in the process. tionally acceptable way to correct this. to $6,000 you can raise from an indi- I believe the courts are likely to up- It would create greater fairness and ac- vidual donor. hold this provision because it addresses countability in the Federal election Finally, the third threshold begins at the public perception that there is process by addressing the inequity that ten times the baseline; once a wealthy something inherently corrupt about a arises when a wealthy candidate pays candidate exceeds the third threshold, wealthy candidate who can use a sub- for his or her campaign with personal it removes the caps for State party co- stantial amount of his or her own per- funds—personal funds that are defined, ordinated expenditures of hard money. sonal resources to win an election—not by the way, to include cash contribu- Our amendment also, as my col- that there is anything corrupt about tions and any contributions arising league from New Mexico has indicated, that particular candidate. It is the per- from personal or family assets such as includes a proportionality provision, a ception. It is the perception that the personal loans or property used for col- provision that means for all cap in- public looks at this and, frankly, says lateral for a loan to the campaign. creases, a less wealthy candidate can something is just wrong with this. The agreement we reached this morn- use increased caps to raise only— The Supreme Court has said Congress ing and that was hammered out last only—up to 110 percent of the amount has a compelling interest in addressing night—the amendment we will be offer- contributed by the wealthy candidate. this perception. This amendment is ing in just a moment—has very impor- This applies to all three of these narrowly tailored, and closely related tant implications for our democracy, thresholds. to such concerns about that perceived as I will explain. Proportionality is important because corruption. The reality is the courts The basic intent of our amendment is it really helps level the playing field carved out a constitutional protection to preserve and to enhance the market- from both directions so the wealthy for wealthy candidates. Our provision place of ideas—the very foundation of candidate is not punished or is not in- offsets that without infringing on the our democracy—but giving candidates hibited from putting his or her own rights of the wealthy candidates. Our who are not independently wealthy an money into the campaign, which is provision expands the rights of the op- opportunity to get their message very important. What this means, in posing candidate. Our amendment ex- across to the voters as well. plain language, is that we try to in- pands free speech. In fact, this sort of Specifically, our amendment would crease free speech; we give that non- approach to campaign financing actu- raise the contribution limits for can- wealthy candidate the opportunity to ally bolsters first amendment rights of didates facing wealthy opponents to get his or her message out. We do not candidates who do not have extensive fund their own campaigns. punish the wealthy candidate. And we personal resources. The contribution limit increases are take care of that in this well-crafted Finally, the proportionality provi- based, as my colleague from New Mex- amendment by saying we will limit sion is key to ensuring that a wealthy ico has said, on a sliding scale depend- how much that nonwealthy candidate candidate is not punished by the less ing on the size of each State and the can raise above the caps, above the wealthy candidate’s ability to raise amount of the wealthy candidate’s per- limits, and we limit it to, logically, funds with lower hard money caps. sonal expenditures. how much money has been put in by Candidly, our amendment does not The amendment creates a simple the wealthy candidate. completely level the playing field. I three-tiered threshold test to deter- So the wealthy candidate, again, is think in most cases that would simply mine the contribution limit increases. not punished, is not inhibited, is not be impossible. We cannot do that. How- This threshold test is based on the in- discouraged from putting in his or her ever, it is a step towards increasing

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2539 fairness and accountability in our elec- who face the power of the self-financed in the real world where real people tion process. And it is a step, again, to candidates. Our amendment is a move don’t go around asking friends or even expanding the individual’s rights, those away from that kind of inequity. It is strangers for $6,000? who do not have that independent a step toward providing candidates the If you are going to mount a campaign wealth, giving them the opportunity to forum for the presentation of their in the State of Illinois to appeal to 12 take their ideas out into the market- ideas. By taking that step, the free million people and some 8 or 9 million place and to share them with the pub- flow of ideas, the spirit, the essence, voters, you have to raise over $10 mil- lic, and giving them the resources to the foundation of our democracy is pre- lion to get your message out. share them. served and emboldened. Let me offer another insight. It costs It is a reasonable approach. It is a We have charts on the floor which we you 50 cents to raise a dollar, so about reasonable thing to do, especially now can share with all Members of the Sen- half of the money you raise goes into that we are reforming our Nation’s ate. We have a breakdown that shows the overhead of a campaign, the admin- campaign finance laws. State by State exactly where those istrative costs of staff people, mailing This is a great opportunity for us. We thresholds are and at what point they out invitations, following up, making are today, with this amendment, fine- would kick in. sure people are there. It is an extraor- tuning the process, correcting some- We would be more than happy to dinarily expensive business. thing the Court could not have fore- share those with any Members of the It often puzzles me that people who seen 25 years ago in Buckley; and that Senate who would like to take a look. are not otherwise capable of managing is that the unlimited personal expendi- Again, it makes eminent sense to million-dollar companies manage mul- tures can hurt an opposing candidate’s have a distinction between when the timillion-dollar campaigns that come ability to compete fairly. When that thresholds kick in between the State of and go in a matter of 12 months. That happens, when huge funding disparities Wyoming and the State of Ohio. It just happens in this business of politics. exist between a wealthy candidate’s makes eminent sense. That is the world in which we live. unlimited personal expenditures to Again, I thank my colleague from There are ways to change it. We their own campaigns and a less New Mexico, my colleague from Illi- could change it pretty dramatically. wealthy candidate’s limited individual nois, and my other colleagues who have We could say television time is free for contributions from others, it is the worked long and hard on this amend- candidates. That would really change voters and our democracy that suffers ment. it in a hurry because two-thirds of the the most. I thank the Chair and yield the floor. money that most candidates spend is In conclusion, wealthy candidates The PRESIDING OFFICER. The Sen- on television. If the television didn’t have an easier time communicating ator from Illinois. cost you anything, if you had access to today with voters. That is just the re- Mr. DURBIN. Mr. President, I join in it where you could go on and, instead ality of our current process. They have the statement made by the Senator of doing a 30-second drive-by spot, you the money it takes readily at their dis- from New Mexico, Mr. DOMENICI, and ended up having 5 minutes to explain posal to get their messages out. When my colleague, Senator DEWINE from your position on tax cuts or Social Se- running up against such self-financed Ohio, in cosponsoring this amendment. curity, the voters would have a chance machines, less wealthy opponents have A lot of people listening to this debate to see you. less chance to challenge those mes- can’t understand the world we live in Of course, there is resistance to that sages, less chance to get their own here, a world where whenever you de- idea from the people who own the tele- ideas on the table, less chance to com- cide to be a candidate for the Senate, vision stations. They make a bundle of municate with the voters, and to give you face the daunting task of con- money off political candidates. They them an alternative point of view. vincing your family that it is a good can’t wait for these campaigns to get As a result, it is the voters who have idea and putting together a good cam- started because we literally shovel less chance to make informed choices paign team. Then the reality hits you. money at them in the closing weeks of in elections. And that is just not good Your message, whatever it is, to be de- campaigns. The managers of these sta- for our democracy. In essence, this livered to voters across America, is tions have a perpetual smile for weeks struggle between rich and not so rich going to be a very expensive under- on end when they see all the candidates candidates really is a struggle for the taking. lining up to pay for the advertising on soul of democracy. I say that because I represent the State of Illinois with their television stations. So the idea of the free flow of ideas and information some 12 million people. How do I get free television is not one that has gone is the basis—the very foundation—of their attention to tell them what I feel, very far—nor free radio. The idea of our political system. The exchange of what I would like to do in the Senate? free postage is not likely going to ideas is a prerequisite for democratic The obvious methods are the use of occur either. governance. And it is ‘‘ideas,’’ as John radio, TV, direct mail, and telephone. We live in a commercial world where Maynard Keynes once said, that ‘‘shape All of those are very expensive. All of we are trying to basically deliver our the course of history.’’ those are increasingly expensive every message to the voters in a fashion that The more robust the marketplace of 2 years. The cost of television adver- is extremely expensive. Now we have ideas, the better the political process. tising, for example, goes up 20 percent the Supreme Court, which 25 years ago For our democracy to fully function every 2 years. So if you are running for jumped into this debate and said, if you and thrive, we need many ideas—ideas reelection after 6 years, you have to are independently wealthy, if you are a competing with each other. That is the raise some 60 percent more in funds to multimillionaire, we can’t limit how basis for the critical thinking process, buy the same amount of television in much money you want to spend out of the basis for debate and challenges to my State and other States just to de- your own pocket. societal norms. That is the basis for liver your message in a campaign. An individual candidate who is not how we make changes in our society, When Members of the Senate come to independently wealthy is limited on for how we make the world a better the floor and start talking about rais- how they can raise money. Under cur- place. When there are fewer ideas being ing $1,000 here or $3,000 here or $6,000, I rent law, I can only raise a $1,000 max- disseminated, there is a greater likeli- imagine most families across America imum contribution from each person hood of political and societal stagna- say: What kind of world do they live in from my primary election campaign tion. And when there is such stagna- that they would be asking an indi- and my general election campaign and tion, there is no social change, and the vidual to give them $6,000 of their $5,000 for each campaign from political world is worse off for it. money for a political campaign? Very action committees. It sounds like a lot Thomas Mann once said: few people do that in America. of money, until you start adding up the It is impossible for ideas to compete in the Thankfully, for a lot of us, we have $1,000 contributions it takes to reach $1 marketplace if no forum for their presen- those who support us and will do it. million. If you have a $10 or $12 million tation is provided or available. For the vast majority of families, they campaign in Illinois, imagine how That, unfortunately, seems to be the must be scratching their head at this many people you have to appeal to, to case for many less wealthy candidates debate and saying: Why don’t they live raise $10 or $12 million.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2540 CONGRESSIONAL RECORD — SENATE March 20, 2001 The Supreme Court, in Buckley v. raise money so that they can keep up work out the differences. There were Valeo, said if you happen to have a lot with self-financing candidates. several specific areas that had not been of money, then you can put all you If in my home State of Illinois some- worked out last night, especially pro- want into it; you are not limited as to one decides to put in $5 million or portionality, among others. I am the amount of money you can invest in more, then we allow the Democratic or pleased we worked it out and we are a political campaign. Republican Party in my State, through now ready to move forward as soon as We have come down to two categories their coordinated expenditures, to real- the language comes over, and we can of candidates in America, the M&M ly reach that same level, up to 110 per- vote on this amendment and move on categories: the multimillionaires, and cent of the amount that is being given to other amendments. the mere mortals. The mere mortals, by that candidate to his or her own I do believe the principles of McCain- frankly, stand in awe of those who can campaign. Feingold have been preserved because write a check and fund their campaign. This is an imperfect amendment. It is this deals in hard money. Yes, it lifts What we are trying to address with this an effort by us to address a serious some restraints on hard money, but amendment is to level the playing field problem. It has in it an element that is there is no soft money that would be so that if someone shows up in the important. It is an element of fairness, permitted under the Domenici-DeWine- course of the campaign who is inde- an element of opportunity. It basically Durbin amendment. So it also address- pendently wealthy and is willing to says that in America we won’t let you es, in all candor, a concern that lit- spend $10, $20, $30, $40, $50, $60 million buy an election. If you are going to erally every nonmillionaire Member of of their own money—I am not making come in and try to do that, then you this body has, and that is that they these figures up, as they say; that has are going to at least give the other wake up some morning and pick up the happened—then at least the other can- candidate a chance to compete. paper and find out that some multi- didate has a fighting chance. That is There is one element in this amend- millionaire is going to run for their what this amendment is all about. I ment which I have discussed with the seat, and that person intends to invest have joined with Senator DOMENICI and sponsors that I hope we can address ei- 3, 5, 8, 10, now up to $70 million of their Senator DEWINE to try to create this ther with a second-degree amendment, own money in order to win. fighting chance. or a later amendment during the So when I see the significant support How do we do it? Currently, you can course of our debate, and that is the for this amendment, I think those re- only accept $1,000 per person per elec- money on hand. If an incumbent Sen- flect a genuine concern, as we know tion. We have said: If you run into the ator has millions of dollars on hand both parties have now openly stated so-called self-financing candidate who and somebody walks in and decides to that they recruit people who have siz- is going to spend millions of dollars, put in a million dollars to oppose them, able fortunes of their own in order to then you can accept a larger contribu- I think you should take into account run for the Senate. tion from an individual. The calcula- how much money the incumbent Sen- I don’t think this is a new phe- tion and formula we use is based on the ator has on hand. This amendment nomenon, Mr. President. I think it has number of people living in the State. does not do that. I would like to sug- been going on for years and years. But Senator DEWINE explained it earlier. gest a modification to it at some point. as money seems to play a greater and For example, in my home State of Illi- But I believe our colleagues in the greater role in politics, and as tele- nois, the U.S. Census projected the vot- Senate will have a good opportunity vision advertising continues to be more ing-age population for the year 2000 later this morning to cast their votes and more important, then, obviously, was 8,983,000 people. We have a baseline on this amendment and to basically the ability of someone to achieve office threshold plus $150,000 which says that say that from the Senate’s side, we are with what is apparently an unfair ad- you can put $509,000 into your cam- going to try to level this playing field vantage over a candidate of lesser paign of your own money. That is your and try to give a voice to all can- wealth is being addressed, at least in right to do, under the law and under didates. We are not going to say this is part, by this amendment. this amendment. a system that is open to the highest Also, I add to the sponsors of the If you decide to put in over $1 mil- bidder. It is going to at least allow men amendment—and I already discussed lion, if you put in $1 million, then the and women to compete with some ele- this with Senator DOMENICI and Sen- candidate who doesn’t have $1 million ment of fairness. ator DEWINE —this isn’t a perfect an- to put in, whether they are a chal- I thank my colleague from New Mex- swer. We all realize that. We know lenger or an incumbent, can raise up to ico, as well as my colleague from Ohio. there are some areas that have gone $3,000 from those who will contribute, Both of them, and our staffs, worked unaddressed, and if there needs to be as opposed to a limit of $1,000. Further- late into the night last night to pre- further addressing, that is why we have more, in Illinois, for example, if you pare this amendment that will be another nearly 10 days of debate and put in $2 million of your own money, forthcoming shortly. amendments. So I am glad we were then we allow the individual contribu- I yield the floor. able to work out the differences that tion to go up to $6,000. The PRESIDING OFFICER. Who existed last night. Obviously, those ne- I am sure most people listening to yields time? gotiations needed to take place, and I this can’t imagine someone writing a The Senator from Arizona is recog- hope we can move forward on this check for $6,000 to a political can- nized. amendment as soon as the legislative didate. The folks who will do that are Mr. MCCAIN. Mr. President, I thank language comes over from the legisla- few and far between. The honest an- Senator DOMENICI, Senator DEWINE, tive counsel, so we can move on to an- swer to that is, unless you control the and others. Last night, I believe we other amendment at the earliest mo- overall cost of political campaigns, you could have avoided the vote we had. I ment. have to face the reality: People will hope in the future and during this de- Again, I thank Senator DOMENICI and show up with a lot of money in the bate we will make sure we try to han- Senator DEWINE and Senator DURBIN bank, spend it on the campaign, and dle it in a more sensitive fashion. I will and others for their efforts on this leg- literally blow away any type of polit- take the responsibility for that. islation. ical opponent. We probably should have tried to— I yield the floor. Who loses in that process? The voters because we knew there were several The PRESIDING OFFICER. The Sen- lose. If the system works as it is sup- areas that needed to be worked out, ator from West Virginia is recognized. posed to, you have a choice on election which have been worked out, and we Mr. BYRD. Mr. President, what are day. In order to have a choice, you are just awaiting the legislative coun- the rules guiding debate at this point? have information about all candidates. sel’s language so we can move forward The PRESIDING OFFICER. There That means you have an information with the amendment—we probably are 3 hours evenly divided. The amend- source not only from a wealthy can- should have waited until this morning ment has not yet been offered. didate but from someone who is not so on the amendment. But that is done. Mr. BYRD. What a mess. wealthy. This amendment, with its The fact is, as we committed last The PRESIDING OFFICER. Under own formula approach, allows people to night, we would reach agreement and the previous agreement——

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2541 Mr. BYRD. Without the amendment I offered an amendment on this floor Mr. DOMENICI. Mr. President, the being offered? one day, and I thought: I will at least distinguished Senator from Texas is The PRESIDING OFFICER. That was get a half dozen votes. I got one—one here, and I yield her as much time as stipulated by consent. vote. Those in this body on both sides she needs off our side. Mr. BYRD. All right. Mr. President, who were slaves to the particular inter- The PRESIDING OFFICER. The Sen- when Cineas the Philosopher visited est group on that occasion ran like tur- ator from Texas. Rome in the year 280 B.C. as the envoy keys to the fire escapes. I thought I Mrs. HUTCHISON. I thank the Chair. of Pyrrhus, the Greek general, and had would get half a dozen votes at least. I Mr. President, I will be brief. witnessed the deliberations of the knew the amendment would not be I know my colleague from New Mex- Roman Senate and had listened to Sen- adopted, but after hearing all the brave ico and my colleague from Ohio have ators in debate, he reported that, talk of some of the Senators on both been working very hard on this amend- ‘‘Here, indeed, was no gathering of sides, I thought: At least I will get his ment. I appreciate everything they are venal politicians, no haphazard council vote, I will get his vote, and I will get trying to do. of mediocre minds.’’ This was in 280 her vote. I got one vote, my own. I have a separate amendment that B.C. That is what it has come to in this has been incorporated into this amend- In 107 B.C., Jugurtha, that Numidian body. We are at the beck and call, we ment. It has the same purpose, and I prince, was in Rome. When he was or- know the feel of the whiplash when the hope when everything is worked out, dered by the Roman Senate to leave votes come, and we are owned by the our purpose will succeed. Our purpose Italy and set out for home, after he had special interest groups. is to level the playing field so that one passed through the gates of Rome, it is That does not mean that every Sen- candidate who has millions, if not bil- said that he looked back several times ator does not have a free will. Senators lions, of dollars to spend on a campaign in silence and finally exclaimed, ‘‘Yon- exercise that free will about which Mil- will not be at such a significant advan- der is a city that is up for sale, and its ton spoke in ‘‘Paradise Lost’’—freedom tage over another candidate who does days are numbered if it ever finds a of the will. That does not mean that not have such means as to create an buyer.’’ the conscience of every Senator here is unlevel playing field. What a change; what a change had bought, that his vote is bought. It does In fact, I think it was Senator DUR- come over that Senate in less than 200 not mean that at all, but it means that BIN who used these numbers: In the 2000 years! I think we might also, with in our day and time, it cannot be said elections, candidates took out personal great sadness, reflect upon the report of this Senate that it is not a gathering loans for their campaigns of $194 mil- by Cineas when he referred to the of venal politicians. In Jugurtha’s lion for Federal races. In 1998, it was Roman Senate after he had witnessed words: ‘‘Yonder is a city up for sale, $107 million. In 1996, it was $106 mil- it—as I say, not as a ‘‘gathering of and its days are numbered if it ever lion. That is a lot of strength. We pride venal politicians, not a haphazard finds a buyer.’’ ourselves in our country on trying to council of mediocre minds,’’ but in re- Mr. President, as one who has been in have a level playing field to keep our ality ‘‘an assemblage of kings.’’ What a this body now going on 43 years, I democracy balanced. Senate that was that he reported to mourn the days of old when I came Under our Constitution, it is very Pyrrhus as being, in dignity and in here. We still have good Senators. They clear that we cannot keep people from statesmanship, as a ‘‘council of kings!’’ are bright, they are dedicated, but the spending their own money however It is in even greater sadness that we yoke, the Roman yoke that they have they wish to spend it. I will not argue noted Jugurtha’s words: ‘‘Yonder is a to go under to come here, is appalling— that point ever. That is their constitu- city up for sale, and its days are num- appalling. It is sad. I compliment those tional right. They have a constitu- bered if it ever finds a buyer.’’ But that on both sides who are seeking to do tional right to try to buy the office, is what is happening in this land of something about it, who are trying but they do not have a constitutional ours and in this body of ours. hard to deal with reality here and in right to resell it. That is what my part When I came to the Senate, Jennings such a way that the people might still of this amendment attempts to pre- Randolph and I ran for two seats, and look upon this body with some con- vent, so a candidate can spend his or we won. He ran for the short term, the fidence and respect. Yet, I do not think her own money but there would be a 2-year seat that had been created by that they will be overly successful in limit on the amount that candidate the death of the late M.M. Neely, and I the effort. could go out and raise to pay himself ran for the full term. Mr. REID. Will the Senator yield for or herself back. At that time, I ran against Senator a question? My amendment and the amendment Mr. BYRD. Yes, I yield. Chapman Revercomb, a fine member of of Senator DEWINE and Senator DOMEN- Mr. REID. Mr. President, I say to my the Republican Party, but Randolph ICI is $250,000. If a big State should have friend, referring back to the days when and I ran on a combined war chest of more, certainly I would look at what is he was the leader, does he recall how $50,000: two Senators on a combined reasonable. I want a level playing field. many times he offered, on behalf of the war chest of $50,000. We did not have I want people to be able to spend their Democrats, a motion to invoke cloture television in those days, we did not own money, but they need to know on campaign finance reform? they are doing it because that is what have high-priced consultants, and our Mr. BYRD. I offered a motion to in- they want to do, not because when they hands were not manacled by the shack- voke cloture eight times during the win they will be able to go out and les of money. 100th Congress. Today what do we find? What does Mr. REID. Does the Senator recall repay themselves, so it is not a risk the average Senate seat cost—$6 mil- the motion to invoke cloture being of- they have to take. lion or $8 million? Both parties are fered so many times to any other meas- I have put my own money in cam- enslaved to those who give. The special ure? paigns in the past and I have taken the interests of the country are the people Mr. BYRD. Up to this point, there hit for it. A lot of people in this body who are represented—the special inter- has been none. have. It is a risk. It is a risk I was will- ests, for the most part. Mr. REID. So if I understand what ing to take. It happened to be a risk I The great body of people out there the Senator has said, when he was ma- lost. Other people have been able to do are not organized, and they are not jority leader in the 100th Congress, an that. Some have lost, some have won. I represented here. We are beholden to attempt to invoke cloture was tried never repaid myself the full amount the special interests who give us—when eight times unsuccessfully, and that that I loaned. I think we need to have we go around the country holding out a holds the record for any legislative the level playing field. tip cup saying, ‘‘Give me, give me, give issue of which the Senator is aware. We have a constitutional right to me,’’ they are the people who respond Mr. BYRD. That is right. spend our money. No one argues that. I and they are the people for whom the I thank the Senator, and I yield the do believe a retired police officer or re- doors are opened. They are the people floor. tired teacher should be able to run for for whom the telephone lines are The PRESIDING OFFICER. The Sen- public office on a level playing field opened when the calls come in. ator from New Mexico. and get the variety of support from his

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2542 CONGRESSIONAL RECORD — SENATE March 20, 2001 or her constituents and have as level a for the future, when everyone is on no- personal wealth. However, it seems to playing field as we can have protecting tice this law would then take effect if me this is what I would call incum- the rights of the wealthy candidate to the amendment passes. bency protection. We are all incum- spend that money, but limiting what The PRESIDING OFFICER. The Sen- bents in the Senate. We raise money all could be paid back. ator from Connecticut. the time during our incumbency. I sus- I thank Senator DOMENICI and Sen- Mr. DODD. Parliamentary inquiry: pect most sitting Members who have ator DEWINE who have worked so hard Under the unanimous consent agree- some intention of running again have on their amendment. Their amendment ment, a vote must occur on an amend- amassed something between $1⁄2 million includes other ways of leveling the ment, if not this amendment, at 12:30 and $1 million. If you have been here playing field by letting the other can- p.m. for a couple of years, I suspect you didates have no limits or bigger limits. The PRESIDING OFFICER. Under have done that. If you have been here I think that is fine, too. The point is, the unanimous consent agreement, longer, I know colleagues have everyone would like to see the most there are up to 3 hours of debate after amounts in excess of $3, $5, and $7 mil- level playing field we can find, the which a vote on an amendment in rela- lion sitting in accounts, earning inter- most numbers of contributors who care tion to the amendment shall occur. est, waiting for the next time they run. about this candidate being able to get Mr. DODD. Further inquiry: I pre- I don’t like the idea of a multi- behind someone and have a fair chance sume the time will begin to toll once millionaire going out and writing of getting the message out. That is the amendment is introduced, and the checks and running, I suppose. I under- what my part of this amendment does. fact there is no amendment pending stand the law. The Constitution says if I thank all colleagues for coming to- per se, other than the one we are dis- an individual in this country wants to gether on an amendment, an amend- cussing, the time is not really tolling; spend his or her money that way, there ment I hope will work. If for some rea- is that correct or am I incorrect? is nothing we can do here to stop them. son this amendment goes down, I hope The PRESIDING OFFICER. By con- What you are trying to do is level the my amendment, which I introduced as sent, the time has been charged. playing field. a bill 2 years ago, I hope it prevails and Mr. MCCONNELL. The time began to It isn’t exactly level, in a sense, when we will be able to work something out run on the amendment when the dis- we are talking about incumbents who as we go through the 2 weeks of debat- cussion began at what time? have treasuries of significant amounts ing this bill that will be fair and that The PRESIDING OFFICER (Mr. and the power of the office which al- will give everyone a chance to have the ENZI). Nine-fifty. lows us to be in the press every day, if support of the biggest number of people Mr. DOMENICI. If I could explain. we want. We can send franked mail to and contributors in a person’s home Mr. DODD. Certainly. our constituents at no cost to us. It is State, to have the ability to get a mes- Mr. DOMENICI. The Senators in- a cost of the taxpayer. We do radio and sage out that the people can decide if volved in this with their staff worked television shows. We can go back to our States with subsidized airfares. We they like or don’t like. very late last night. The amendment is The PRESIDING OFFICER. The Sen- very complicated and it is being draft- campaign all across our jurisdictions. The idea that somehow we are sort of ator from Kentucky. ed, and it has just been received. We impoverished candidates when facing a Mr. MCCONNELL. Mr. President, one cannot help that. It is now being challenger who may decide they are of the advantages of having been looked at and it is practically ready. It going to take out a loan, and not nec- around here a while is I remember is a very lengthy amendment. They essarily even have the money in the ac- when this idea first surfaced by the dis- think they have found some unin- count but may decide to mortgage tinguished Senator from New Mexico in tended words and they are trying to fix their house—I don’t recommend that as the late 1980s. He correctly identified that. a candidate. But there are people who this at that time as one of the signifi- We have been explaining the amend- do it. They go out and mortgage their cant problems developing. Now, some ment. Senator DEWINE explained the homes. I presume if you mortgage your 13 or 14 years later, we are finally get- state-by-state formula very much in detail. I explained the intent and the house, that is money in your account. ting an opportunity to address one of It is not distinguished in this amend- the significant issues, one of the sig- basic ideas, and as soon as we get it, we will introduce it and then there will be ment. You go into debt. nificant problems in our current cam- For people who decide they want to additional time until we vote. paign system. do that and meet that trigger, all of a Mr. DODD. I thank my colleague. One, obviously, is the hard money sudden that allows me as an incumbent That raises a concern. I have been contribution money limit being set at to raise, I guess, $3 million at one level, around long enough to sense when $1,000, back when a Mustang cost $2,700 $3,000 at one level, and $6,000 at an- something will happen. I get a sense which only exacerbated the problem other. The gates are open, and the race this amendment will be adopted and Senator DOMENICI is talking about be- is on. cause it is harder for a nonwealthy maybe by some significant numbers I am just worried that we are going candidate to compete, given the erod- based on the sponsorships and the in the absolute opposite direction of ing contribution limit. statements made. what the McCain-Feingold bill is de- The other, obviously, is the cost of I will oppose the amendment. I may signed to do. reaching the voters, the television be the only person opposing it, but I Again, I find it somewhat ironic that time. That, I am sure, will be discussed am deeply worried about it. The mere we are here deeply worried about the in the course of this 2-week debate. fact that we will vote in an hour on a capital that can be raised and the can- I thank Senator DOMENICI for his im- highly complicated, very lengthy didate who is going to spend a million portant work on this over a lengthy pe- amendment that goes to a significant dollars of his own money to level the riod of time and congratulate Senator issue in this debate, and I cannot look playing field. But those who oppose DEWINE for his contribution and the at it, is an indication of the kind of this bill don’t have any difficulty with Senator from Texas, Mrs. HUTCHISON, trouble we may be getting ourselves that same individual writing out a mil- for her contribution as well. into. lion-dollar check in soft money, in a This is an important amendment. It I appreciate the constraints of the sense. It is somewhat of a contradic- will advance this debate in the proper managers and the leadership to move tion to suggest somehow that we are direction, and given the support of Sen- this debate along. However, I am trou- going to protect ourselves against that ator DURBIN and others on the other bled. Let me state why. I have great re- million-dollar giver and we don’t have side of the aisle, we look forward to its spect for the authors. We are trying to anything here to restrain this million- passage later in the day. accomplish something. I have been, dollar giver in soft money. I find that Mrs. HUTCHISON. Mr. President, I myself, a candidate with an opponent somewhat ironic. clarify that our amendment takes who announced they would spend sig- Again, I respect those who fundamen- place in the future. It does not jeop- nificant millions of their own money tally disagree with McCain-Feingold. I ardize someone who based his or her against me, so I am not unfamiliar don’t agree with their arguments, but actions on the law as it is today, but with facing a challenger who has great they have an argument to be made.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2543 It seems to me if we are going to go ing a fair shake in this election. They gives $2,000. Now we are going to raise that route to do so, but the idea that are going to spend enough money to it to $3,000 and $6,000 with the mere all of a sudden we raise the threshold make sure they do. They know that. suggestion that you might finance of hard money to $3,000 and $6,000 for They assess it and their money. They $500,000 or $1 million in a Senate elec- an incumbent sitting with a treasury say they are going to put in whatever tion. of significant money on hand, even is necessary to get a fair shake. So the doors are open. Now the argu- though you may not be personally I am more worried about them put- ment is made that we have done it here wealthy, but the fact is that you have ting in their money and the person and we ought to do it over there for the this kind of money in your accounts— running against them, say, in the other side as well. All of a sudden, we why not suggest, then, if you are an in- northeastern United States, is not an have opened the gates, and we are up to cumbent and, in the case of Wyoming, incumbent; the person running is a $3,000, and $6,000, and forget about that you go to $500,000, whatever the trigger challenger. There is no way, under cur- $50 contributor, that small individual is, I say to the Presiding Officer, or the rent law, that person could raise we are trying to engage in the political Senator from Connecticut or Cali- enough money to become known and do life of America. They are not going to fornia—if I have that amount of money what somebody who spends $40 million get any attention whatsoever. My view in my treasury, why not let the chal- can. That is the kind of person I am is that is dangerous. I think it is lenger, in a sense, reach the $3,000 and worried about. worthwhile that people are invested in $6,000 level of individual contributions Mr. DODD. That very race that I the political life of America with their in order to challenge me if I have it not think my colleague is talking about time and their financial resources. I in my own personal account but in my was a fairly close race in the end. I can have no objection whatsoever to the political account? think of two specifically where, in fact, idea that people write a check to sup- Mr. DOMENICI. Mr. President, will the individual raising that kind of port candidates of their choice for the Senator yield for a question? money became a liability, and they State, local and national office. Mr. DODD. Yes. lost. What I find deeply troubling is that Mr. DOMENICI. First of all, there is I would like to reclaim my time. they no longer will be solicited because no soft money in this amendment. Mr. DOMENICI. I would like to ask their contribution doesn’t amount to Mr. DODD. I understand that. My you about one other subject. anything because we are going to go point was those who oppose the bill feel I think you should know what we are after the big-dollar givers, the $3,000 as though individuals ought to be able doing, respectfully, which is to say giver and the $6,000 giver. What per- to make whatever contributions they that anybody who puts in their own centage of Americans can actually do want in soft money. I was making the money, however they got their own that? observation as a contradiction. money, when they get elected, they If we are financing elections across Mr. DOMENICI. May I also say to cannot use their Senate seat to raise the board for the House and the Senate you, if you are worried about the per- money to pay off what they put in an by only soliciting those kinds of con- son who wants to put in their own election. You raised one where some- tributions, or at least the bulk of those money, and it will trigger raising the body mortgages their house and puts in people, I think we are putting our de- personal caps, you understand that be- the money. If they mortgage their mocracy in peril. fore we are finished with the McCain house, they still have to put in this I understand the concern my col- amendment, it is going to be amended threshold money, which is a lot of leagues and incumbents have about in terms of caps. Caps aren’t going to money to be from a home mortgage. facing the wealthy opponent. But I remain at $1,000. You understand the Mr. DODD. I appreciate that. don’t think that concern should out- caps are going to be raised. I come back to my point. I know weigh our determination to try to re- Mr. DODD. I understand some are there are super wealthy candidates. I duce the amount of money that is en- going to try to do that. I am not going guarantee that there are a lot more in- tering political life in America. to support it. But I understand there cumbents sitting with super treasuries By adopting this amendment, as will be an effort to do that. seeking reelection than there are indi- much as I empathize and understand Mr. DOMENICI. It will happen be- viduals with vast amounts of money the concerns my colleagues have, it cause that $1,000 is 26 years old with no seeking Senate seats. We have them, looks to me as though all we are doing interest or inflation added, and it re- but it doesn’t automatically mean that is trying to protect ourselves rather mains the most significant cap on Sen- they are guaranteed a seat. You see it than trying to level that playing field. ators and Representatives. And it is in several jurisdictions. If I am the only one to oppose it, I too low. You have to spend all your My colleagues know what I am talk- will do so. time raising money, which is the other ing about and know the races specifi- Despite the good intentions of the side of the equation. If it gets raised, cally that I am referring to where mil- authors of this amendment, I think it also the person who had an idea of put- lions of dollars was spent by individ- takes us in exactly the wrong direc- ting his own money in can look at it uals who financed their own cam- tion. I think it makes a mockery of again and say, well, if I can raise $3,000, paigns, and they lost. In fact, I think McCain-Feingold. I think we are begin- or $6,000, whatever it is changed to, and they lost in no small measure because ning to just shred that piece of legisla- the PACs are changed to double, it people were somewhat disgusted by the tion. I know there is a strong deter- might be that they will choose not to fact that they were giving the impres- mination to get a bill, but a bill that put their own money in because they sion of buying a Senate seat. The mere has McCain-Feingold’s name on it, and could actually have a shot at financ- fact you write checks out of your own ends up doing what this amendment ing. personal account does not guarantee would do, I do not think deserves the When you put in all of the negatives you a seat in the Senate. label it might otherwise get. that exist today in terms of the bias of We are clearly moving in the wrong With that, Mr. President, I will op- big money, I think this bill is a good direction. My issue is not that there is pose the amendment and yield the effort to try to equalize that. Is it too little money in politics. I think floor. equal in every respect? No, it is not. there is too much. I hear my colleagues Mr. DASCHLE addressed the Chair. Does it take care of the fact that an in- say the $1,000 needs to be increased. My The PRESIDING OFFICER. The cumbent may have already raised some big worry is what happens to that $25 Chair recognizes the Democratic lead- money? No. contributor, the $50 or $100 contributor er. But let me tell you when you have a who we used to rely on and call upon to Mr. DASCHLE. Mr. President, let me situation that says to somebody who help support these candidates? We say to my colleague, the Senator from is, as was defined here, a super spender, don’t pay attention to them anymore. Connecticut, he will not be the only who gets up into the 10’s, 20’s, 30’s, 40’s, We spend all of our time looking for person opposing this amendment. I or 50’s of the super spenders, to tell you the large contributors. thank him for his eloquent, extraor- the truth, I don’t have an awful lot of By the way, a large contributor is dinarily lucent description of this concern about them, in fact, not hav- $1,000 in my book or, a person who amendment and what it may mean. He

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2544 CONGRESSIONAL RECORD — SENATE March 20, 2001 is right on the mark. I share his sym- is it we would not look at that? Just the primary. The only way I was able pathy, his empathy, for those who may because I might have a wealthy oppo- to compete in the primary was to spend be faced in the future with the cir- nent, should I be allowed to open up my own money and match the money cumstances some of our colleagues al- the floodgates here and take whatever that was being spent by a wealthy op- ready have been faced with—running money I can raise? How is that lim- ponent. against a well-financed, independently iting the influence of money? No, in- As I said yesterday, and repeat for wealthy opponent. stead this protects incumbents. How is my friend from Connecticut, who has I think the Senator from Connecticut that in the spirit of McCain-Feingold? an interest in Utah politics, my oppo- puts his finger exactly on the problem. How can we seriously look at anybody nent—making the point of the Senator This moves us away from limiting the and argue that this legislation benefits from Connecticut—outspent me three money in the system. This ‘‘cure’’ cre- the true spirit and intent of what it is to one and lost. So that the expendi- ates even more financial pitfalls and we are trying to do today? ture of huge sums does not automati- political difficulties than the current I think the ranking member of the cally result in somebody being elected. system. Rules Committee, the Senator from But, nonetheless, his willingness to This amendment, however well inten- Connecticut, has articulately put his spend $40 a vote in that primary made tioned, has three major problems. finger on the problem. We have to op- it impossible for anybody to challenge First, and foremost, it is an amend- pose this if we really want to support him unless it was, as it turned out, a ment that will create different stand- meaningful campaign finance reform. self-funded candidate who would come ards in different States. As a result of Do not let anybody out there tell you along and spend $15 a vote. And that is the different standards that are cre- that somehow, by supporting this, we about how it worked out. Actually, I do ated, most likely it will be declared un- not think I spent quite that much per constitutional. It will allow different are moving in the right direction. This vote. But he spent $6 million. I spent candidates to raise different levels of moves us down the wrong track. We less than $2 million. I was able to get money in different States depending ought to oppose it. It ought to be de- enough to get my message out and win, upon circumstances. I cannot imagine feated. I support McCain-Feingold, but that a system so confusing and biased I do not support this. but if I had to raise that less than $2 could be upheld in any court of law. I I yield the floor. million, at $1,000 a person, I guarantee cannot imagine that any court would Mr. BENNETT addressed the Chair. you, I would not have been able to The PRESIDING OFFICER. The look favorably at this inequitable dis- compete in any way. That is why I am Chair recognizes the Senator from tribution of opportunity. sympathetic to the amendment of the Secondly, this puts even more polit- Utah. Senator from New Mexico. ical power in the hands of fewer and Mr. BENNETT. Mr. President, I lis- Mr. WELLSTONE addressed the fewer people. When we began this de- tened with interest to the comments of Chair. bate we were trying to address this the Senator from Connecticut. I am The PRESIDING OFFICER. The very problem—the concentration of po- convinced that if he wants to offer an Chair recognizes the Senator from Min- litical power in a wealthy few. Even amendment to the Domenici amend- nesota. with the limits as they were in the last ment that says these amounts we are Mr. WELLSTONE. Mr. President, I election, almost half of all total con- talking about for self-funded can- say to colleagues, I will be relatively tributions to Senate candidates came didates also apply to incumbents who brief. I do not have the full context of from donors who gave at least $1,000. have those amounts in their existing this amendment and this debate, but So if the individual contribution limits campaign funds, I would be happy to my understanding is that this amend- now are raised to $3,000 or $6,000, or support such a modification of the ment is very similar to the amendment even higher if the underlying indi- Domenici amendment. we voted on last night. I would like to vidual limits are changed by this Mr. DODD. If my colleague would repeat some statistics I presented last amendment process, we know wealthy yield, my fear is once we have done night that I think apply. donors are going to control the field that, we are raising, of course, the hard Right now, do you know how many even more. Why we would want to do limits, which takes us, as far as I am citizens contribute $200—just $200 or that in the name of campaign reform, I concerned, in the wrong direction with more? One quarter of 1 percent. One- do not know? the bill. I respect those who say they quarter of 1 percent of the people in I heard somebody say this is in the are going to be raised anyway. But my this country contribute over $200. Do spirit of McCain-Feingold. This flies in concern is that if we keep on you know how many people contribute the face of McCain-Feingold. There is ratcheting up those levels, then we are over $1,000? One-ninth of 1 percent of nothing in the spirit of McCain-Fein- running contrary to what I hope are the population. Do you know the rea- gold in this amendment. This is not re- the underlying motivations behind the son? Because a whole lot of people can- form. This makes a mockery of reform. underlying bill. not afford to give that kind of money Finally, I cannot imagine why the So I merely pointed it out to show to campaigns. compromise has not addressed one of the inconsistency in someone’s per- What we have here is an amendment the real problems that I see in this ap- sonal wealth and a person’s political that purports to improve the situation proach, which is that if an incumbent wealth. We are applying one standard by now creating a situation where you has $5 million in the bank or even $10 on personal wealth and not the same have people who are wealthy and have million in the bank, and his opponent standard on political wealth. their own financial resources and fi- declares that they want to spend some I appreciate the point. Someone else nance their own campaigns now chal- of their own money to mount a vig- may offer the amendment. But I thank lenged by people who are viable be- orous challenge, the incumbent gets to the Senator for raising the point. cause they are dependent upon people take advantage of the raised individual Mr. BENNETT. The Senator from who are wealthy and have financial re- contribution limits. In my state of Connecticut is exactly right. The rea- sources. South Dakota, if my opponent wanted son I would support that is I am one of The contest is between the wealthy to spend over $686,000 of their own those who would increase the limits. with financial resources versus the peo- money, I could take advantage of the So this gives us an opportunity to sup- ple who have access and are dependent new limits even if I might have $5 in port the increase in limits in a number upon the wealthy with financial re- the bank myself. If the same forces of other ways. But I appreciate this de- sources. And this is called a reform? If that want to pass this amendment turn bate. the first thing we do on the floor of the around and triple the underlying con- I will repeat what I said yesterday Senate is pass an amendment to put tribution limits, I would be able to go about my own experience, because I yet more money into American poli- out and raise as much as $18,000 from ran against a self-funded, wealthy can- tics, I don’t think people will find that every individual who wants to con- didate. If I had been under the restric- all that reassuring. tribute to my campaign. tions of the present law, let alone the I say this because the more I follow How is that fair? Regardless of what restrictions of McCain-Feingold, I this debate, the more convinced I am money we may have in the bank, how would never have gotten anywhere in that public financing is the answer.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2545 From the time I came here, this has al- McCain-Feingold is very important are going to have is a bigger problem ways been a core question. Bill Moyers, and should not be watered down be- with the Hagel proposal. As much as I who is a hero journalist to me, gave a cause I think it is an important step in respect my colleague from Nebraska, I speech and sent me a copy of ‘‘The Soul the right direction. However, I cannot plan to be in vigorous opposition of Democracy,’’ in which he argues ba- believe that what we have here—and I against it. I am worried that if you do sically what is at stake is a noble, am very worried this is a harbinger of the prohibition on the soft money, it is beautiful, bold experiment, over 220 or what is to come—is an amendment going to shift to the sham ads, whoever 230 years, of self-rule. That is what is that says we are going to vote for re- is running those ads. The Senator men- at stake, our capacity for self-rule. form. We are going to now put more tioned some organizations. I could If you are worried about what to do money into politics. Those of you who mention others. I am worried about about millionaires or multimillionaires run for office, here is the way we will that. It is like jello; you put your fin- running their own campaigns with create a level playing field. You can be ger here and it just shifts to over here. their own resources, the way to deal even more dependent upon the top one- In the McCain-Feingold bill, you deal with that is to have a clean money, quarter of 1 percent that now you can with labor and you deal with corpora- clean election, have a system of public get $6,000 from or $5,000 from, or wher- tions. I am very worried that there will financing. We have seen some States ever you want to take the spending be a proliferation of all sorts of organi- such as Maine, Vermont, Massachu- limit, in which case we are even more zations, and labor and corporations setts, and Arizona lead the way on this, dependent on those folks; they have with good lawyers will figure out basi- where basically people all contributed more clout, even more power. cally how to make sure that their soft to a fund. Then you say, to abide by And that is called reform. I just don’t money also goes into this. agreed-upon spending limits, you get get it. Later on, there is going to be an I would like to go back to the origi- public financing. Basically the people amendment to raise campaign limits nal McCain-Feingold formulation, themselves, who have contributed $5 or from 1 to 3 and 2 to 6—unbelievable. which was in the bill that passed the whatever per year in a State or in the One more time—then I will take a House, to say that you have that 60-day country, they control the elections in question from my colleague—one-quar- prohibition on soft money applied to their government and the capital and ter of 1 percent of Americans made a all those sham ads, which I would say all the rest. It is much more of clean contribution greater than $200 in the to my colleague from Utah would be a politics. very positive step. If someone says, no, I won’t abide by 1996 cycle—probably about the same in the 2000 cycle—.11 percent, one-ninth of Mr. BENNETT. I thank the Senator that because I have zillions of dollars, for his response. I agree with him that and I will just finance my own cam- 1 percent of the voting-age population, gave $1,000 or more. We are not talking my question didn’t have anything to do paign and go way beyond the expendi- with the amendment. It was stimulated about the population but the voting- ture limits, then out of that clean by the Senator’s endorsement of Fed- age population. Now you are going to money/clean election fund, money is eral funding. I thank him for his re- give wealthy citizens even more clout? given to the candidate who has agreed sponse. I am prepared to debate the You are going to give them an even to abide by this to match that. That other issues he raises in the appro- greater capacity to affect elections and would be the direction in which you priate context. I think we are both get- call this reform? would go. ting far away from the amendment. I yield for a question from my col- I don’t know why Senators are so Mr. WELLSTONE. I don’t think the league. concerned about wealthy people run- first 75 percent of what I said was at all Mr. BENNETT. I thank my friend. ning for office and financing their own far away from it. Again, we have an Since he has raised the issue of public campaigns and basically clobbering ev- amendment that purports to be reform. financing in the campaign, I ask him if erybody else because they have the The message to people in the country he would explain how the public financ- money. If this is the concern of my col- is, we are going to spend yet more ing would work with respect to special leagues, they should embrace public fi- money. Now we move from millionaires interest groups that raise their own nancing. That is what we want. Then who can finance their own campaigns we have a system that is honest, clean, money and run their own ads. We saw against people who are dependent upon and which basically says all the people in the last election, for example, millionaires who can give them ever in the country contribute a small groups such as the Sierra Club and the larger and larger contributions, with amount. We are willing to abide by National Rifle Association become the top 1 percent of the population hav- this. As to those candidates who don’t, very active in politics. We are no ing more clout, more influence, more who when they run finance their own longer in a position where it is just Re- say. I don’t view that as reform. campaigns, there is additional money publicans running against Democrats, I yield the floor. to match that. That is the direction in as far as the airwaves are concerned, Mr. REID. Mr. President, I can re- which we should go. but a whole host of groups. member the first time I went to New Before I take a question from my col- I ask the Senator, would he support York City—amazing things to me— league, I want to say that one of the public financing for political ads for those tall buildings, those people—you amendments I will bring to the floor is even the Sierra Club or the National know, being from Nevada—teams of an amendment—it is an interesting Rifle Association? people milling around. But I have to proposition based upon an Eighth Cir- Mr. WELLSTONE. I appreciate the acknowledge probably the most fas- cuit Court of Appeals decision in Min- question. There is a three-part answer. cinating thing I saw was these people nesota—that says: You change three You know I am long-winded. The first on the street playing these games. words in Federal election law and you part is that you could have additional They would try to entice people to make it possible for any State that so public financing to match that. The play. I learned later it was a shell desires to apply some system of public second part is that the amendment we game. I watched with fascination be- financing, whatever the States decide are talking about here doesn’t deal cause nobody could ever win. No mat- it is, not just to State elections but to with that problem either. My colleague ter what you did, you always picked Federal elections. If Utah wants to do is raising yet another issue. I agree, it the wrong place for that little object it or the people in Minnesota want to is a serious issue, but this amendment they were trying to hide. do it and they vote for it or the legisla- doesn’t address that problem. My col- I say that because I think that is ture votes for it, then they ought to be league can raise this question, but it what is happening with campaign fi- able to do it. We don’t tell them what doesn’t make a lot of sense in the con- nance reform. In 1987, I came to the to do. We just say that if a State wants text of this amendment. That is yet a Senate floor saying: We have to do to apply some system of public financ- whole separate issue with which we something about campaign finance re- ing, some kind of clean money, clean have to deal. form; we can’t have another election election to Federal races, they should My third point concerns another like I have just been through. be able to do so. That would be an amendment I am thinking of which Well, I have been through two subse- amendment that goes in the direction gets at part of the problem he is rais- quent elections, and each has been pro- we are going to have to go. ing. I am very worried that what we gressively worse, as far as money.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2546 CONGRESSIONAL RECORD — SENATE March 20, 2001 Over these years, each time we were with him, but I have the greatest re- This amendment enhances free going to bring up campaign finance re- spect and even admiration for the way speech, and it does it in a very rational form, I looked with great expectation he stood up when few people would op- way. Again, I point out to my col- for the system to be made better. But pose this legislation, and he did that. I leagues who have come to the floor to like the shell game I saw in New York, respect that. criticize this amendment, this amend- you never picked the right spot. It was Mr. President, we should acknowl- ment does not allow soft money. This always gone when you got there, and edge what is happening here. This un- amendment deals with very regulated, we never did get to campaign finance derlying McCain-Feingold legislation is very much disclosed hard money. It ba- reform. I can see that is what is hap- slowly evaporating, and we are going sically builds on the current system. pening today. to wind up with something else. It may Where there is the most accountability All last week, I was kind of elated be- have the name, but it is not going to be in the system today, and where we cause Senators MCCAIN and FEINGOLD what I wanted to vote for. have had the fewest problems today is had worked to get their legislation on I suggest the absence of a quorum with hard money and with individual the floor. I felt there was movement and ask that time be equally charged. donors. and that we could finally do some- The PRESIDING OFFICER. Is there That is what this amendment builds thing—if nothing more, get rid of soft objection? on. It simply says that a person who is money. Based on what happened last Without objection, it is so ordered. faced with a millionaire putting his or night, and I see what is happening The clerk will call the roll. her own money into the campaign has today, I am very disappointed. I can’t The assistant legislative clerk pro- the opportunity, because of this see, with all due respect to my ceeded to call the roll. amendment, to go out and raise money friends—and they are my friends, the Mr. DEWINE. I ask unanimous con- from many people. When they raise Senator from Wisconsin and the Sen- sent that the order for the quorum call that money, in each case it will be dis- ator from Arizona—how in the world be rescinded. closed very quickly. It will be open to they could support this amendment. If The PRESIDING OFFICER. Without public scrutiny. It will all be very we are talking about campaign finance objection, it is so ordered. much above board, and the end result reform, this is going in the opposite di- Mr. DEWINE. Mr. President, let me will be not that the candidate who is rection, as has been so well put by the briefly respond to my friends and col- the millionaire will have a smaller manager of the bill on our side, the leagues from Connecticut, South Da- megaphone—that millionaire who is ranking member of the Rules Com- kota, and Nevada in regard to this putting in his or her own money will mittee, the senior Senator from Con- amendment. I certainly respect their have the same megaphone they had be- necticut. opinions and respect their comments. fore this amendment—but what it The shell game is being played here. Mr. President, the fact is that this means is that the candidate who is fac- This is not campaign finance reform. I amendment will enhance free speech. It ing that multimillionaire will also may not think the underlying cam- is true this amendment will move to- have the opportunity to have a bigger paign finance reform bill of McCain ward a more level playing field and megaphone, to grow that megaphone if, and Feingold is perfect, but it is some- does address a problem that has arisen in fact, he or she can go out and con- thing I can support. The Senator from in the last few years when, because of vince enough people to make indi- Connecticut is not going to be alone. a constitutionally protected loophole, vidual contributions. That is what this We already know he has a vote from the wealthy candidate is the only per- amendment does. the Senator from South Dakota, the son in the country who can put an un- Will it put more money into the po- Democratic leader. I acknowledged last limited amount of money in a par- litical system? Yes, it will put more night I wasn’t going to vote for this ticular campaign—his or her own cam- money into the political system. I thing. If we are going to have campaign paign. Everybody else is limited to maintain, however, that the effect of finance reform, we are going to have $1,000 but not the candidate. So what that money will be to enhance the first campaign finance reform. has happened is there has become a amendment and not diminish the first As the Senator from Connecticut great search every election cycle, amendment. It will be to enhance peo- said, just because it has the name where both the Republicans and the ple’s ability to communicate and get a ‘‘McCain-Feingold’’ on it doesn’t mean Democrats go out and they don’t look message across without in any way it is campaign finance reform. We keep for people with great ideas. Some me- hurting someone else’s ability—name- moving away from it. I don’t know how chanics may have great ideas. They ly, the millionaire—to get their mes- anybody can support the underlying don’t look necessarily for people with a sage across. bill. I want to support campaign fi- great deal of experience or who bring My colleague and friend, the minor- nance reform. I have wanted to support other attributes, although a mechanic ity leader, talked about the differences it since 1987. I have spoken on this may have all of those things. What between the States. I understand what floor as much as any other person they look for and what the great his perspective is, but I think, based about campaign finance reform. But search around the country is for is peo- upon the State he is from, he under- today, again, I see the shell game. I ple who have money—the more the bet- stands there is a fundamental dif- hope that I am wrong. ter. If you can find someone who has ference between the expenditure of $1 Yesterday, I acknowledged the great that money and is articulate, and they million, or let’s say half a million dol- work of the Senators from Wisconsin are from a key State or from a State lars, in South Dakota and a half a mil- and Arizona in moving this bill for- that is getting ready to elect a U.S. lion dollars in the State of Ohio. The ward. I don’t, in any way, want to Senator, then you have found what you half a million dollars in South Dakota imply anything negative other than were looking for. has a lot more impact than a half a disagreeing with the point of this legis- There is an inequity in the current million dollars in the State of Ohio. It lation. But I want to say that I think system. But that is not why this seems to me it is incumbent upon us to the senior Senator from Kentucky has amendment is being offered, and that is make that distinction. been masterful. I say that in the most not why we should vote for this amend- How do we do it? First, I will talk positive sense. He has been one of the ment. We should not be concerned about how we do not do it. few people who has been willing to about the candidate who is running We do not make any difference in re- stand up and speak his mind. We have against the millionaire, not directly gard to whether there is a multiple of a lot of people who are doing things be- concerned about that candidate. It is three or multiple of six. We do not hind the scenes to try to deep-six this not just to level the playing field or to change that among the States. We do bill, but the Senator from Kentucky make it more equal. What we should be not change the categories among the has never backed down a second, and I concerned about is the public and States, but what we do say is that in a admire him. I disagree with him, but I whether the public will have the ben- smaller State, when the millionaire admire him for what he has done. In efit of a free debate, free-flowing de- puts in a certain amount of money, my estimation, I think he has done bate, a debate where both candidates that money does have more of an im- very good legislating. I don’t agree have the ability to get their ideas out. pact in that smaller State than it has

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2547 in a larger State and, therefore, we deals in a constitutional way with a wealthy contribution. It is an enor- start the process earlier and we kick it problem of perception, and that percep- mous amount of time. It is frequently in earlier. tion is that someone today who is fruitless because you can’t raise For example—and this is the chart wealthy enough can buy a seat in the enough money to match. my colleagues have—I will take the Senate. We know that may or may not I am not concerned today about mak- first State, and that is the State of Wy- be true in a particular case, and we ing sure the candidate who puts up mil- oming. Recognizing the difference that also know that many people who are lions is treated precisely as the person money has in Wyoming versus Ohio, we wealthy and who are self-financed are running against him, whether the per- provide that the first threshold, which fine people and fine candidates. That is son is incumbent or otherwise. How- means you can raise $3,000 from a not the issue. ever, what we do is say the man or donor instead of $1,000 from a donor, What this amendment is aimed at woman running against the big con- that is triggered in Wyoming when the dealing with is the perception, and the tributor—the $5 million, the $3 million, millionaire, the person who is self-fi- perception that someone can buy a seat the $20 million, we even had over $50 nancing their campaign, puts in in the Senate with their own money. It million of their own money spent—the $328,640. The candidate who is running begins to level that playing field. It opposition candidate has to have a against the millionaire in Wyoming makes it more competitive. It en- change in those $1,000 cap restraints would then have the opportunity to hances free speech, and it does not di- and the $1,000 has to be raised substan- raise three times the limit for each minish in any way what that wealthy tially. The hard money that can come donor, which is $3,000. candidate can say or do or their ability from parties has to also be changed In Ohio, we do not reach that thresh- to get their message out, but enables substantially so the person running old until that self-financed candidate the person who is not wealthy to also against a wealthy candidate who has put in $974,640. There is a difference get their message out. We have done it, spends a lot of their own—and I just de- in the impact that money has in one I think, in a rational way. scribed that; the other side of the aisle State versus the impact in another I thank the Chair, and I yield the described it also, somebody on the State. We do not even kick that in floor. other side of the aisle said as much as until that person has put in close to $1 The PRESIDING OFFICER. The Sen- $50 million—in a simple way raise the million in the State of Ohio. ator from New Mexico. level of funding that the opponent can It makes eminent sense to do it this Mr. DOMENICI. Mr. President, after raise from the American people, citi- way. It has been well thought out, and, a long night and legislative counsel zens of their State and from their frankly, it enhances the chance that a drafting this amendment and then all party. That is fair. If it turns out in court will look at this and say, yes, of our collective staffs working on it to the process you do not match equal that is a rational approach. make sure we had a draft we could dollars, that is all right with this Sen- Again, this is an amendment that has offer, we are now at that point. This ator. We tried very hard to make sure a lot of protections built in, and prob- amendment may need some technical the person running against the wealthy ably the most important one was added and drafting changes as we move candidate gets a fair share. last night. That was the concept that a through this process, and that will be AMENDMENT NO. 115 wealthy candidate should not in any done. I send an amendment to the desk for way be disadvantaged by the fact that Essentially, Senator DEWINE has ex- myself, Senators DEWINE, DURBIN, EN- he or she is exercising their constitu- plained the technical part of this bill. I SIGN, FEINSTEIN, and COLLINS, and I ask tional right to put their own money want to, once again, talk about why it be immediately considered. into a campaign. this bill is imperative for the United The PRESIDING OFFICER. The How do we ensure that? We ensure it States. clerk will report. by simply saying that the amount of While we are here on the floor debat- The assistant legislative clerk read money the nonwealthy candidate can ing a McCain bill to change the cam- as follows: raise above the normal caps will be paign laws of America because we are The Senator from New Mexico [Mr. DOMEN- limited to the amount of money that concerned about excess money coming ICI], for himself, Mr. DEWINE, Mr. DURBIN, the wealthy candidate puts in. If the from sources—soft money, hard money, Mr. ENSIGN, Mrs. FEINSTEIN, and Ms. COL- wealthy candidate puts in $5 million, too much of this, too much of that— LINS, proposes an amendment numbered 115. the nonwealthy candidate can only and I am not sure I agree with every- Mr. DOMENICI. Mr. President, I ask raise, with the enhanced caps from in- one, but I am saying where we are unanimous consent the reading of the dividuals, a total of that up to $5 mil- there is a new and growing situation amendment be dispensed with. lion. that involves this amendment and The PRESIDING OFFICER. Without It guarantees the wealthy candidate what we are trying to do. That is the objection, it is so ordered. will not be disadvantaged, that he or right of wealthy Americans, men or (The text of the amendment is print- she will not have a smaller megaphone women, to spend as much of their own ed in today’s RECORD under ‘‘Amend- and there will not be a disincentive for money as they desire in a campaign. ments Submitted.’’) them to actually put their own money Nobody is going to change that. This Mr. MCCONNELL. I believe we have into the campaign. amendment cannot change that. The agreed we will vote at 12:15. They will still have the ability to do Supreme Court has said that is a right. Mr. DODD. If I can make a point, my that. They will not be penalized if they That right is being exercised in grow- concern is that I don’t know if I have do that, but what it says is when that ing numbers by those who put not a the final version of this amendment. I does happen, when the wealthy can- few thousand, not a few million, but gather still technical changes are being didate does contribute a significant tens of millions of dollars of their own made as we stand here. I count 20 pages amount of money to his or her own money into campaigns. to this amendment. Am I right, rough- campaign, then the nonwealthy can- What is wrong with that is not that ly 20 pages? didate can go back, as a practical mat- they can put up $10 million, but their Mr. DOMENICI. It is 12 pages. ter, to previous donors and try to get opponent is bound by 26-year-old caps Mr. DODD. We are just getting an them to give an additional $1,000, that are so low that to match some- amendment that raises hard money $2,000, or $3,000, depending on where body who puts $10 million of their own caps, based on triggers and formulas they are. money in, in a middle-size State, the from 50 States. I am uneasy about this It is a lot of work. It is something opposition must spend days upon days body taking on an amendment such as that is not easily done. It is something seeking $1,000 contributions per elec- this without knowing the implications that will make sure there are more and tion and seeking $5,000 per election and going directly contrary to the more people involved in giving money, from political action committees. thrust. While the bill focuses on soft will involve more people in the process, I never have figured out how much a money, many believe the issue of the and will enhance freedom of speech. person would have to spend of their amount of money in campaigns, raising In summary, this is a well-crafted time to match a $10 million contribu- this limit makes it that much easier amendment. It is an amendment that tion from a wealthy person or super- later on for people to raise the caps on

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2548 CONGRESSIONAL RECORD — SENATE March 20, 2001 hard dollars. Nothing in here provides dress it in this amendment before we relation to this amendment at 12:15, for the challenger who faces the incum- vote on it. and following that vote, our party re- bent with how many millions they may Now, the only way we can offer a sec- cesses would take place. We would be have in their own political account. ond-degree amendment to a pending in recess and reconvene at 2:15 today. I am troubled by this body on a mat- amendment under our unanimous con- The next amendment being offered ter such as this, when hardly a speed- sent is if the motion to table is made would be a Republican amendment. reader would have time to read this and fails. That is the only way in Mr. MCCONNELL. Mr. President, re- amendment, understand it, digest it, which a second-degree amendment can serving the right to object, does that and adopt it all in the next 10 minutes. be offered. Since this is complicated mean an up-or-down vote on the It is troubling to me. I understand the language which is being presented to Domenici amendment? need to move along. I oppose this the Senate at this hour with very little Mr. REID. No, it doesn’t. We are amendment. opportunity for many Members to read under a unanimous consent agreement. Mr. MCCONNELL. I say to my friend it or think through it, I suggest we do Whatever happens happens. from Connecticut, the choice is be- one of two things. We either amend the Mr. MCCONNELL. Let me raise the tween 12:15 and 12:50. We debated it 3 unanimous consent in this case so we issue. If the Democrat amendment is hours yesterday and we debated it for 3 can vote after we have had a chance to not tabled, then it is open to second de- hours this morning. We can agree to second degree it, or at least consider grees. So the next amendment is not vote at 12:15 or vote at 12:50. the language so we can determine if we necessarily a Republican amendment. Mr. LEVIN. When he says ‘‘agree to want to second degree the amendment. Mr. REID. The unanimous consent vote,’’ are you assuming there is a vote If that is not acceptable to the pro- request indicates that if a motion to to—a motion to table either side? ponents, it seems to me we should table is not offered, then it is any- Mr. MCCONNELL. I am not assuming move to table, the motion to table will body’s opportunity. anything. be defeated, and then it will be open to Mr. MCCONNELL. If a second-degree Mr. LEVIN. Mr. President, let me say a second-degree amendment. Since amendment were a Democrat amend- the current version of this amendment that is the only way in which anybody ment, from a parliamentary point of represents a significant improvement who wants to offer an amendment in view, we would be potentially in an ex- over where it was last night for a num- the second degree can offer it, it seems tended discussion, which is what I see ber of reasons. to me that is an appropriate way to my friend from Michigan smiling First, last night’s version did not proceed. about. keep a cap on contributions once the Let me summarize, I think this What we feared when we entered into trigger was triggered. The extra con- amendment is an improvement over this consent agreement in the first tributions triggered on but did not what we began with in a number of place was the potential for anybody trigger off. This version intends to ways. We have a trigger off as well as who wanted to kind of work mischief trigger off the extra increased con- a trigger on. That is a plus. And there and to filibuster a second-degree tributions when the limit of the dec- is variety among the States. That is a amendment. I ask my friend from laration of the wealthy person is plus. However, it creates an unlevel Michigan, is it his intent, then, to sec- reached. That is a significant improve- field. As the Senator from Connecticut ond degree the Domenici amendment ment. That is consistent with the pur- pointed out, along with the Senator once it is not tabled, thereby pre- pose of McCain-Feingold—limits, try- from Nevada, there is an unlevel play- venting Republicans from offering the ing to hang on to limits for dear life. ing field which is created, a greater next amendment? Those limits have been blown by the lack of a level playing field in the case Mr. LEVIN. No. I am not intending to soft money loophole and this current of the incumbent who has that cam- prevent Republicans from offering the version—and it is an improvement over paign fund, who is then being chal- next first-degree amendment at all. I the earlier version—at least restores lenged by somebody who can self-fi- am not sure I want to offer a second- limits because you are not just trig- nance to the extent of $1⁄2 million or $1 degree amendment. With an amend- gering on the increases from $1,000 to million. The incumbent who already ment this complex, I want there to be $3,000 or $1,000 to $6,000. You then trig- has the financial advantage and the in- an opportunity for Members to read it, ger off the increases when the declared cumbency advantage is then also given consider it, and decide whether or not amount by the wealthy self-financed the advantage of having the higher to offer a second-degree amendment. I person is made or is reached, either contribution limits. one. That is an improvement. The effort to level the playing field may try to offer a second-degree Second, I think the variation among in a very appropriate way, as the Sen- amendment along the lines that we the States is an improvement. ator from Ohio is doing, makes the talked about. In no way am I trying to However, there is still a major prob- playing field less level against the prevent Republicans from offering lem, and I will address my friend from challenger. amendments. New Mexico and Ohio on this problem. This would be up to the managers of Mr. MCCONNELL. I don’t know In the effort to level the playing field the bill. But I suggest that the Mem- whether this is acceptable to the Sen- in one area, we are making the playing bers of the Senate be able to read this ator from New Mexico. Since we were field less level in another area under amendment, either delay the vote, or debating this issue all day yesterday this language. As the Senators from make it open to a second-degree and have been all day today, there are Connecticut and Nevada, and the amendment. Or, in the alternative, I some Senators who, in order to make Democratic leader, have pointed out, suggest that we have a motion to table, progress on the bill, might want to go the playing field will be less level for which then presumably would be de- to another amendment. I am wondering the challenger. For instance, the chal- feated, but which would open up the about temporarily laying it aside or lenger, who might want to put $1 mil- amendment to being read and consid- staying on this with a motion to table. lion into the campaign, is self-financed ered and to a second-degree amend- Mr. DOMENICI. What would be the to that extent. He or she may mort- ment. status of the Domenici amendment? If gage a home to get the $1 million so Mr. MCCONNELL. Mr. President, I we would set it aside, it would be an that he or she is able to compete was talking to the assistant Demo- amendment that has not been tabled, against the incumbent, where the in- cratic leader. We agreed that we ought and that is subject to amendment pur- cumbent has $5 million in a campaign to have this vote at 12:15. It is my un- suant to the unanimous consent agree- account. We make that situation less derstanding, I believe, that he is going ment. Is that correct? level, not more level, because the in- to propound a consent agreement for Mr. DODD. No. Wait a minute. Re- cumbent is able to then raise money at that. serving the right to object, my point is the higher contribution levels. Mr. REID. Mr. President, this has that under the unanimous consent re- It seems to me that is a significant been cleared with Senator DODD and quest a pending amendment cannot be flaw which we should attempt to ad- managers of this bill. I ask unanimous a second-degree amendment unless dress, and we should attempt to ad- consent that we have a vote on or in there is a tabling motion. If there is a

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2549 tabling motion, and that does not pre- nation, I say to colleagues who want make sure that if the amendment is vail, then that amendment is subject to, come over here to see an amend- added to the bill it reflects our agree- to amendment. ment insert that I can’t find. ment. Without that, I certainly agree Mr. DOMENICI. I assume we are We ought to vote to table it, or take with the Senator from Connecticut going to do that right now. Are you a little time and then sort this out so that there will be problems. going to try to table it? You are going at least Members know what they are There needs to be changes, and there to lose. voting on. But to vote on this right needs to be some time to evaluate and Mr. DODD. It can be done in a num- now under these circumstances would make the changes. ber of different ways: withhold and lay be a travesty. It is not the way to pro- I thank everyone for all the hard the amendment aside; then bring up a ceed. work that was put into this. It is a Republican amendment after the recess The PRESIDING OFFICER. Is there very complicated issue. Senators have lunches and work on this amendment; objection to the unanimous consent re- very strong feelings on it. Ever since or vote on this amendment; or have a quest by the Senator from Nevada? the Buckley case held that Congress tabling motion; and, if you do not pre- Mr. MCCAIN. Reserving the right to cannot restrict a candidate’s spending vail, then the amendment is subject to object, and I will not, Mr. President, of his or her own personal wealth, we future amendment. let me point out a couple of things. have struggled and struggled with how One is we have spent a long time on The PRESIDING OFFICER. Is there to handle the situation where can- this issue. Negotiations included vir- objection? didates have such disparate, unequal tually every Senator who was inter- Mr. MCCONNELL. Reserving the personal fortunes. Understandably, ested in this amendment. There are right to object, Mr. President, let’s there is a great concern among Mem- two parliamentary procedures. If the continue the discussion for a moment. bers of this body about the possibility motion to table fails, yes, a second-de- Mr. DOMENICI. Mr. President, I of facing a very wealthy challenger. gree amendment is in order. But a ta- would like to proceed. I believe it is 12 Many of us have had that experience, bling motion to the second-degree pages long. We have counted it. We including myself. To the extent that an amendment also is in order at any have had hours in that Cloakroom with incumbent Senator is wealthy, it is staff from every Senator who is inter- time. There is no timeframe. It is also available to further amend- very difficult to find a viable chal- ested. The amendment we started with lenger. was rather lengthy. We just added to ments in the future which could be de- The amendment offered by Senator it. But we have added what all of these signed to affect the Domenici-DeWine DOMENICI yesterday was certainly well Senators wanted as if they were sitting amendment as well. If this issue is to intentioned, but it had at least two sig- in there in terms of modifying the be revisited with another amendment, nificant flaws. First, it allowed can- Domenici amendment to make it a real it could be done as well. You don’t nec- didates who faced a wealthy candidate Domenici-DeWine amendment which essarily have to go to a second-degree to raise unlimited funds from their includes the state-by-state formula amendment. contributors under increased limits. It that he wants as well as proportion- I point out to my colleagues that we even permitted, in my view, a very se- ality that other Senators sought. have 2 weeks. We have now been on rious problem. It even permitted par- I want a vote up or down when the this amendment for a number of hours, ties to pump unlimited funds into a time comes. I hope it will come quick- depending on at what they are looking. race based on a situation where some- ly. If it doesn’t, we will vote at what- We ought to be able to get this issue body would put over $1 million of their ever time this time expires. If some- resolved quickly and move on to other own money into a race. body wants to table it, I would now, amendments. here and now, urge that we not table it. I can understand the frustration of Secondly, it did not recognize the ob- It is a very good amendment. If you the Senator from Kentucky because he vious fact that $500,000 of personal want to fix it up, you can fix it up a lit- was under the impression that the next spending in Maine is much more sig- tle bit. It still has to go to conference. amendment would be his amendment, nificant than $500,000 of personal spend- But essentially a vote to table this is a or one of the supporters of his position ing in a State such as California or vote not to do anything about the on the overall bill. New York. growing situation of extremely I hope we can have an up-or-down I am pleased that we have addressed wealthy Americans using their own vote with the full and certain knowl- both of these problems in this com- money while, for the most part, the edge that another amendment to clar- promise. I am not happy with the idea person running against him is encum- ify or to change the underlying amend- that we are raising individual limits in bered by statutes in terms of what they ment would be in order at any time, this way. I believe this sets a dan- can raise that are totally unreasonable and by having an up-or-down vote, we gerous precedent both for the future of versus a candidate who puts in $10 mil- can move on with the amending proc- this debate and for future debates, but lion, $20 million, $30 million, or $40 mil- ess. the amendment is much improved, and I hope my colleagues can understand lion. That is the issue. in the spirit of compromise, I intend to the logic of that. There is a limitation At this point, I yield the floor and support it. of time. I do not object. However, this is not an amendment hope we will vote soon. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there that I believe is essential to reform. In objection? fact, I would rather see that we address objection? Without objection, it is so ordered. this problem in a different way. But Mr. DODD. Reserving the right to ob- Mr. MCCONNELL. Mr. President, the this is a process in which we have to ject, I say in all due respect to my good vote will be at 12:15. friend from New Mexico that you have The PRESIDING OFFICER. The vote show some flexibility. So while I will provisions in here, as I look at this will be at 12:15. vote for it, I fully understand that thing, where you have inserts that I The Senator from Wisconsin. some very strong supporters of our bill can’t even find. Insert 301 in someplace, Mr. FEINGOLD. Mr. President, does must vote against it. That is fine. I insert from 301—I am looking at an the Senator from New Mexico yield 3 want to assure those who are watching amendment that I can’t even follow. minutes? that a vote against this amendment is With all due respect, this is pretty seri- Mr. President, first, I say that if this not, to my mind, an antireform vote. ous stuff. I need to have a guide to get amendment is adopted, I want to make I also add that with regard to those me through this. You are asking me to it clear, given the concerns raised by who have worked so hard on this vote in a couple of minutes on a 12- or the Senator from Connecticut, which I amendment, especially on the other 15-page amendment that is very impor- think are legitimate, that we have side of the aisle, if they are successful, tant. This is a significant amendment. agreed on working together to work I hope those Senators will be part of It seems to me that we ought to take out a technical amendment package our reform effort and will join us as a little time either to get this right or that is agreeable to all of us. this process proceeds with the common not. But if you are going to rush this We have an agreement as to the con- goal of passing—I ask for an additional thing through without any expla- cept of the amendment, and we will 2 minutes.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2550 CONGRESSIONAL RECORD — SENATE March 20, 2001 Mr. DOMENICI. I ask the Senator, Hatch Lugar Shelby The Senator from Utah [Mr. BENNETT] pro- are you in favor of the amendment or Helms McCain Smith (NH) poses an amendment numbered 117. Hollings McConnell Smith (OR) against the amendment? Hutchinson Miller Snowe Mr. BENNETT. Mr. President, I ask Mr. FEINGOLD. I am in favor of the Hutchison Murkowski Specter unanimous consent reading of the amendment. Inhofe Nelson (FL) Stevens amendment be dispensed with. Jeffords Nelson (NE) Mr. DOMENICI. Thank you very Thomas The PRESIDING OFFICER. Without Kerry Nickles Thurmond Kohl Roberts objection, it is so ordered. much. Torricelli Kyl Santorum Mr. FEINGOLD. Let me conclude and Voinovich The amendment is as follows: Landrieu Sarbanes Warner say it is essential that those who are a Levin Schumer (Purpose: To amend the Federal Election part of adding these items and these Lott Sessions Campaign Act of 1971 to prohibit separate segregated funds and nonconnected polit- new considerations to the bill be part NAYS—30 of the solution, which is to pass this ical committees from using soft money to Akaka Dorgan Lincoln subsidize hard dollar fundraising) legislation without too many amend- Bayh Edwards Mikulski On page 37, between lines 14 and 15, insert ments that would actually undercut its Biden Fitzgerald Murray the following: ability to get through this body and be Bingaman Graham Reed Byrd Hagel Reid SEC. 305. PROHIBITING SEPARATE SEGREGATED a good piece of public policy. Cantwell Inouye Rockefeller FUNDS FROM USING SOFT MONEY Mr. President, I yield the floor. Carper Johnson Stabenow TO RAISE HARD MONEY. Mr. LEVIN addressed the Chair. Daschle Kennedy Thompson Section 316(b)(2)(c) of the Federal Election The PRESIDING OFFICER. The Sen- Dayton Leahy Wellstone Campaign Act of 1971 (2 U.S.C. 441b(b)(2)(c)) Dodd Lieberman Wyden ator’s time has expired. is amended by inserting before the period at The other side has time. The amendment (No. 115) was agreed the end the following: ‘‘, except that the costs of such establishment, administration, Mr. DOMENICI. Mr. President, I ask to. Mr. MCCONNELL. Mr. President, I and solicitation may only be paid from funds for the yeas and nays on the amend- that are subject to the limitations, prohibi- ment. move to reconsider the vote. Mr. DOMENICI. I move to lay that tions, and reporting requirements of this The PRESIDING OFFICER. Is there a Act’’. motion on the table. sufficient second? SEC. 306. PROHIBITING CERTAIN POLITICAL The motion to lay on the table was There is a sufficient second. COMMITTEES FROM USING SOFT agreed to. The yeas and nays were ordered. MONEY TO RAISE HARD MONEY. The PRESIDING OFFICER. Under Section 323 of the Federal Election Cam- Mr. DODD. I will be glad to yield to the previous order, the hour of 12:30 paign Act of 1971, as added by section 101, is my colleague from Michigan. p.m. having arrived—— amended by adding at the end the following: Mr. LEVIN. I want to ask the Sen- Mr. MCCONNELL. Mr. President, ‘‘(f) OTHER POLITICAL COMMITTEES.—A po- ator from Wisconsin a question. Would may I make one brief announcement? litical committee described in section the Senator be open to a question? The PRESIDING OFFICER. The Sen- 301(4)(A) to which this section does not oth- This amendment will create a less erwise apply (including an entity that is di- ator from Kentucky. rectly or indirectly established, financed, level playing field in one area; that is, Mr. MCCONNELL. Mr. President, the when the incumbent has the large cam- maintained, or controlled by such a political next amendment will be offered on the committee) shall not solicit, receive, direct, paign fund, say, of $5 million, and the Republican side. I had indicated to my transfer, or spend funds that are not subject challenger then puts in $1 million of colleague, Senator DODD, it will be ei- to the limitations, prohibitions, and report- his own, this opens it up to the incum- ther in the area of soft money or an ing requirements of this Act.’’. bent to have the higher contribution amendment concerning lobbyists. We Mr. BENNETT. Mr. President, this is limits, which is a tremendous advan- are going to work that out during a very simple amendment. It is very tage, on top of the incumbency advan- lunch. It will be laid down at 2:15 p.m. short. I hope it is very much to the tage. Of course, the amendment will be laid point. I refer to it as a consistency Is the Senator from Wisconsin com- down at the beginning. We will not amendment; that is, it brings a degree mitted to an amendment which would have the confusion that surrounded the of consistency to McCain-Feingold that try to correct that deleveling of the last amendment, and everyone will be has not been there before. playing field that is created by this fully apprised of what is in it. I must confess I didn’t read McCain- amendment? Mr. DODD. Mr. President, before ad- Feingold all that carefully in previous Mr. FEINGOLD. Mr. President, in an- journing, I ask our colleagues, if they debates since I was opposed to it and I swer to the Senator from Michigan, I have amendments on this bill, to get was convinced it was going to fail. I op- think that is a problem that should be them to us, and those who are inter- posed it on constitutional grounds. I addressed. ested in having amendments offered, still feel that way about McCain-Fein- Mr. DODD. I yield back whatever let us know so we can start to line up gold, but there is now a prospect that time we have. these amendments and make sure all it might pass. That being the case, I The PRESIDING OFFICER. All time interested parties are aware of what think it appropriate we address some is yielded back. amendments are coming. It would be aspects that we perhaps did not look at Mr. DODD. I ask for the yeas and very helpful. before. nays on the amendment. f The fundamental proposition within The PRESIDING OFFICER. The yeas McCain-Feingold, as I understand it, is and nays have already been ordered. RECESS that soft money is evil, soft money The question is on agreeing to amend- The PRESIDING OFFICER. Under must be banned, soft money leads to ment No. 115. the previous order, the hour of 12:30 the appearance of corruption, and The clerk will call the roll. p.m. having arrived, the Senate stands therefore McCain-Feingold is drafted The legislative clerk called the roll. in recess until the hour of 2:15 p.m. to eliminate soft money. The result was announced—yeas 70, Thereupon, at 12:42 p.m., the Senate As we went through McCain-Feingold nays 30, as follows: recessed until 2:15 p.m.; whereupon, the carefully, we discovered it does not [Rollcall Vote No. 38 Leg.] Senate reassembled when called to eliminate all soft money. So my YEAS—70 order by the Presiding Officer (Mr. amendment, to be consistent, does NHOFE Allard Carnahan Domenici I ). eliminate all soft money. Let me be Allen Chafee Durbin AMENDMENT NO. 117 specific as to that which is not elimi- Baucus Cleland Ensign Mr. BENNETT. Mr. President, I send nated under McCain-Feingold and Bennett Clinton Enzi Bond Cochran Feingold an amendment to the desk and I ask would be eliminated under my amend- Boxer Collins Feinstein for its immediate consideration. ment; that is, the use of soft money to Breaux Conrad Frist The PRESIDING OFFICER. The pay the administrative expenses of Brownback Corzine Gramm clerk will report. PACs, or political action committees. Bunning Craig Grassley Burns Crapo Gregg The assistant legislative clerk read I have something of a history with Campbell DeWine Harkin as follows: PACs by virtue of the fact at one point

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2551 in my career I worked for the late and out having any overhead. Indeed, the Mr. BENNETT. Certainly. legendary Howard Hughes. Mr. Hughes, rule of thumb is that you spend a min- Mr. MCCONNELL. Is the under- or Mr. Hughes’ executives, rather, con- imum of 25 percent of your receipts in standing of the Senator from Kentucky stitute the fathers of PACs because in raising the money, and sometimes it correct that the principle involved in California, where Mr. Hughes had his can go as high as 45 percent. the amendment of the Senator from operations, they initiated what was at If we simply take that kind of rule of Utah is that if all Federal political par- the time a whole new idea in politics. thumb and say a third of $2.650 million ties, and State and local political par- Mr. Hughes’ executives were tired of is $700,000, or $800,000, that means this ties in even numbered years have to op- California politicians coming to them report is prima facie evidence of an erate in 100-percent hard dollars, then and saying: We want political contribu- $800,000 soft money contribution to this those organizing political action com- tions. So they said: Let’s do something PAC by the overhead of the union. It is mittees which are the possessors of 100 different. Come to our plant and ad- not just unions. There are businesses percent of the hard dollars must raise dress our employees, and when you that do it. I will give you some sum- their money through 100 percent hard have finished addressing our employ- mary data with respect thereto. dollars as well? In other words, the ad- ees, we will pass out envelopes and For example, Bank One had receipts ministrative costs of the parties that pledge cards to our employees and they of $2,378,211 on their FEC report, and engage in 100-percent hard dollars can pledge money to you or to your op- they showed operating expenses of would also be applied to corporations ponent, depending on how they re- $259.46. Again, we know that couldn’t and unions. Is that the principle estab- ceived your presentation when they possibly be true if you take the rule of lished? were there. thumb and apply it. It is somewhere, Mr. BENNETT. The Senator from To my knowledge—and I can be cor- once again, between $700,000 and Kentucky is correct. All of us are fa- rected on this—this was the beginning $800,000 that it would cost to raise that miliar with the requirement to cover of a political action committee. I can amount of money. This is an effective our administrative costs for fund- remember when I was employed by the soft money contribution of between raising out of the proceeds of that Hughes organization, every politician $700,000 and $800,000. fundraising effort. The Senator is cor- in California wanted to take advantage Let me be clear. Based on my past rect that this amendment would sim- of this opportunity. They all wanted to history and my voting prospects, I do ply put PACs on the same course as in- come by the Hughes companies, ad- not object to Bank One doing that. I do dividual candidates. A PAC could not dress the Hughes employees, make not object to the soft money that they raise money with the advantage of soft their points, and then walk away when contributed. dollars any more than a candidate it was over with a single check that But McCain-Feingold, as a bill, does. would. represented the aggregate of the com- If it passes, I believe it should be con- The Senator from Kentucky is fur- mitments the employees had made to sistent because this soft money con- ther correct in that it has an impact on that particular candidate. tribution, unlike the others that we what happens at the State party level It was considered at the time to be have heard so much about on the floor, because I understand now that a State individual participation in politics at is not disclosed. This soft money con- party can use soft dollars to do certain its finest, and it became, I believe, the tribution must be devised by the kind kinds of things unconnected with ad- pattern for the political action com- of mathematical analysis I have just vertising or direct contributions to mittee that we now have. applied to it. I could be completely candidates. They would say: No, you But it is very different from what we wrong. I do not know that it is $700,000 can’t do that if there is a fundraising now have in that now instead of simply to $800,000 that Bank One put into rates effort. The fundraising expenses must inviting the candidates in and letting raising that much money because it is be paid out of the fundraising receipts them speak to the employees and then not disclosed in any way. This is not to and cannot be solicited in soft dollars. inviting employees to make contribu- imply any wrongdoing on Bank One’s Mr. MCCONNELL. Is the principle of tions in whatever fashion and whatever part because the present law does not the Senator from Utah that even amount the employees may want to do require it. They are abiding by the though he, like the Senator from Ken- it, in today’s political action com- present law in a perfectly legitimate tucky, does not oppose non-Federal mittee, the organization—be it a union and proper way. money, if such a standard of Federal or a corporation—goes out and actively The same thing can be said of the money only is established for the na- raises the funds itself. It doesn’t in- International Brotherhood of Elec- tional political parties, and State and volve the candidate in any way except trical Workers Committee on Political local parties in even numbered years, when it gets to the point of disbursing Education. The present law does not then that same principle should apply the funds. require them to disclose the amount of to everyone participating? It has become a major business activ- soft money they put into raising the Mr. BENNETT. The Senator from ity—I say ‘‘business activity’’—a major $2.6 million that they report on their Kentucky is correct. That is exactly campaign activity on the part of cor- FEC report. the position I have taken. porations and unions. But if we are going to be consistent, In the interest of full disclosure of The administrative costs of running if we are going to say that soft money motive, I know there is some conversa- this activity are traditionally borne by is bad, this amendment that I am offer- tion on this floor about raising the lim- the corporation and union. In other ing will close a significant soft money its for hard dollar solicitations. I am words, this is a soft money contribu- loophole. It will close the loophole solidly and strongly in favor of raising tion on behalf of the corporation or the where soft money is currently being the limits on hard dollar solicitations. union which is not disclosed in any spent by both corporations and unions I recognize if this loophole for soft dol- way. and is not being disclosed in any way. lars—as I have pointed out—is, in fact, Let me share with you some numbers I don’t know how controversial this closed it will increase the pressure that come from the summary page of might be. But I offer it because I think when we get to the appropriate amend- reports filed with the Federal Election it shines an appropriate spotlight on an ment to raise the hard dollar limit be- Commission. aspect of the McCain-Feingold bill that cause it will shut off one significant The International Brotherhood of has not been discussed in the past. source of soft dollar contributions that Electrical Workers Committee on Po- I have no desire to take the full hour is currently in the bill. litical Education reported that they and a half. I see that there doesn’t I don’t want to fly under any false raised in the calendar year $2,653,257.29. seem to be a great deal of interest one pretense. I am hoping that by the pas- That is a high enough figure to get way or the other on this. But I will be sage of my amendment we will not everybody’s attention. What were their happy to yield for questions or com- only achieve the intellectual consist- operating expenditures? Zero. ments by any Member of the Senate ency I have been discussing with the Mr. President, you and I and every who wishes to discuss this amendment. Senator from Kentucky, but, quite other person who is in this body knows Mr. MCCONNELL. Will the Senator frankly, it would create some political that you don’t raise $2.6 million with- yield for a question? pressure to raise the hard dollar limits

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2552 CONGRESSIONAL RECORD — SENATE March 20, 2001 because I think raising the hard dollar It used to be that Senators would mony with our deepest nature. It is as limits is a salutatory thing to do. take note of these things years ago deep and calm as our own mother’s, So let there be no mistake that that when I first came here. They would keeping time with the lullabies she agenda is in my mind as I offer this talk about Flag Day, Independence used to lull us to sleep with, as infants. amendment. But nonetheless, I think Day, Easter, the Fourth of July—I al- Today, the peals ring in the spring. the amendment has an intellectual sus- ready mentioned that—and the coming Across the country, warm days call taining consistency to it because it of spring, the coming of summer, the us forth, out of our stale houses, away takes the position that if, as McCain- coming of fall, the coming of winter, from our rumpled, dormant winter hi- Feingold says, soft money is inherently and so on. Those things do not seem to bernations in front of yammering, yak- corrupting, or gives the appearance of be of great interest around here any- king television sets. As we rake the corruption, this is a form of soft money more. But as one who has been here a drifts of dead leaves from the sheltered that is even more the appearance of long time, I still like to hold on to the corruption because under McCain-Fein- corners where they have gathered, we old ways. stir up the sweet perfume—ah, the gold it is, A, allowed and, B, not dis- Percy Bysshe Shelley said: sweet perfume—of the awakening closed. Oh, Wind, if Winter comes, can Spring be Mr. MCCONNELL. Then as a prac- far behind? earth. Under the cold brown coverlet of dirt, spring’s life-force is beginning to tical matter, just sort of putting it an- Well, spring is here. I was asked by stir. The dainty crocus sparkle amid other way, the treasury funds of unions my friend from Nevada, Senator REID, and corporations cannot be used to un- if I might think of a poem that could the straw colored remains of last year’s derwrite fundraising or administrative be appropriate for this occasion. I have lush lawn. costs in political action committees? thought a little bit about it, and the I was commenting to my wife Erma Mr. BENNETT. The Senator from words of William Wordsworth come to about those crocuses outside, just be- Kentucky is exactly correct. mind. I hope I can remember them. He side the front porch of our house. If this amendment passes, treasury said: Gaudy daffodils, about which Words- funds in the union, treasury funds in I wander’d lonely as a cloud worth wrote, reward the early bum- the corporation, cannot be used to pay That floats on high o’er vales and hills, blebee. Young squirrels are chasing— the expenses of political fundraising in When all at once I saw a crowd, and they like peanuts. I have several a political action committee that is or- A host of golden daffodils; Beside the lake, beneath the trees, squirrels at my humble cottage in ganized by either the union or the cor- Fluttering and dancing in the breeze. McLean, and each night I take a hand- poration. Continuous as the stars that shine ful of peanuts and put them under a Mr. MCCONNELL. I thank the Sen- And twinkle on the Milky Way, table there just outside the door that ator from Utah for the answer. They stretch’d in never-ending line goes out into my backyard. Those Mr. BENNETT. As I said, the amend- Along the margin of a bay: ment is very short. It is very straight- Ten thousand saw I, at a glance, squirrels, by the time I rise in the forward. It does not require the kind of Tossing their heads in sprightly dance. morning, by the time I have a chance complex analysis that went into the The waves beside them danced; but they to take my little dog Billy Byrd out for Out-did the sparkling waves in glee: a walk, sneak away, taking those pea- amendment of the Senator from New A poet could not but be gay, Mexico, which required an entire In such a jocund company: nuts from underneath the table. Then I evening to review and rewrite. I think I gazed—and gazed—but little thought will, a little later, open the door, and it is very straightforward. I am not What wealth the show to me had brought: there are two, three, four, five, or six anxious to prolong the debate, but I For oft, when on my couch I lie squirrels, and I toss them out a handful In vacant or in pensive mood, of peanuts. will, of course, be here to respond to They flash upon that inward eye any comments anyone might have one Which is the bliss of solitude; Those young squirrels are chasing way or the other. And then my heart with pleasure fills, each other up and down and around Mr. DODD addressed the Chair. And dances with the daffodils. tree trunks in a three-ring circus dis- The PRESIDING OFFICER. The Sen- Mr. President, today is the first play of acrobatics. Talk about acro- ator from Connecticut. spring day of the third millennium. We batics, they can put on a show. Al- Mr. DODD. Mr. President, at the ap- have survived the great change of the ready, the first robins have returned, propriate time I am going to make calendar, and the world did not end. We and birds are warbling their finest some comments about the pending endured the buffeting of a winter of un- arias in between the labors of nest amendment. But as has been the cus- certainty, with skyrocketing fuel building. The turquoise skies of au- tom over the years, our distinguished bills—and we are still very much en- tumn faded to the pale aquamarine of former leader, the distinguished senior gaged in that matter—threats of winter, but now glow as vibrantly as a Senator from West Virginia, makes it a nor’easters—I wonder why these tele- star sapphire. point, at the change of the seasons in vision people always say ‘‘nor’easters.’’ Again rejoicing Nature sees our country, to remind us of the impor- They just are trying to join in the spir- Her robe assume its vernal hues, tance of transition, hope, and promise. it of things, I suppose. But I still call Her leafy locks wave in the breeze, In the midst of this debate, I would them northeasters—threats of All freshly steep’d in morning dews. like to yield whatever time the Sen- nor’easters and even earthquakes now So wrote the poet Robert Burns. With ator from West Virginia may need for behind us. some remarks that do not pertain di- The NASDAQ, the New York Stock all these signals, I do not need a cal- rectly to this amendment but do per- Exchange, the Dow, the S&P 500—all endar to tell me that the vernal equi- tain to the spirit in which this body have been on a roller coaster ride of nox heralding the official arrival of ought to consider legislation in any short heights followed by heart-stop- spring is at hand. season. ping plunges. The uncertainties of last In the rejuvenating warmth of the So with that, Mr. President, I yield year’s Presidential election have be- spring sun, the dot.com die-off no whatever time the senior Senator from come a comedic staple of dimpled, longer looms as threateningly as the West Virginia may need. pregnant, and hanging chads, the extinction of the dinosaurs. It is pos- Mr. BYRD. Mr. President, I thank my punch lines obscuring the gravity of sible to view the stock market correc- friend. ensuring the stable transition of gov- tion—I say to my dear friend from Con- The PRESIDING OFFICER. The Sen- ernment power. But today, it is necticut, Senator DODD—with equi- ator from West Virginia. spring—it may not be the first spring librium, if not with enthusiasm. We f day, but it is the first day of spring— have made it through another winter, a MILLENNIAL SPRING and it is a good time to pause, and take winter of our discontent, to paraphrase Mr. BYRD. In the midst of this very a deep breath—ah—and savor the mo- Shakespeare. The great Bard also important discussion on a very serious ment. said—and truly—‘‘Daffodils, that come subject, if we could take just a few The change of seasons is a reassuring before the swallow dares, and take the minutes to call attention to the com- constant in our lives. The slow swing of winds of March with beauty.’’ With the ing of spring. the celestial clock chimes in close har- daffodils, hope also blossoms.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2553 Mr. President, I hope for a spring of God’s in his Heaven— for political action committees to millennial proportions—a spring of re- All’s right with the world! function, rather than make it difficult. newed vigor and energy in this nation The PRESIDING OFFICER. The Sen- Also, the Senator from Utah inter- to tackle the challenges ahead. I hope ator from Connecticut. prets this as some way to put pressure for new growth in our economy. Over Mr. DODD. Mr. President, I thank on to increase hard money limits. Hard the past weeks, the Senate has been de- our distinguished colleague from West money limits will be debated, and I am bating the budget and tax cuts. It has Virginia. In the midst of a debate on confident, to some degree, that hard been a difficult task, made more so by campaign finance reform, this was a money limits will be raised. But here is the lack of detail provided by the ad- needed respite from the minutia of the situation: We have a company, a ministration. The size of the tax cut fundraising, attempts to modify the corporation, in Salt Lake City, UT, and promise has been clear, but the spend- present system. His words of eloquence it has a PAC. Where is the office of ing plans to accompany it have been are always welcome in this body but that PAC? Generally speaking, they vague. The administration is asking us never more so than in the midst of the don’t go out and rent a building or a to trade our cow for a handful of magic debate today. home or something. They set up a PAC beans but, unlike Jack in the fable, I I appreciate his quoting of Robert in one of the offices in their building. am not so sure that this fairy tale will Burns and Browning and Wordsworth, Usually, the person who administers end well. It may be that the giant but listening to him describe the ar- that PAC—it is not their sole job. It is comes crashing down on us in the form rival of spring and the departure of something that they many times do on of large future deficits. After all, these winter is poetic in itself. I can see one a voluntary basis and many times with projected surpluses are based upon pro- day people quoting ROBERT C. BYRD, small compensation for their time, and jections of economic growth that have the poet, when they welcome the they are located usually in the build- not, and may not, materialize. spring at some future year. ing. That is generally the way PACs Every good gardener knows, espe- Mr. BYRD. Mr. President, I thank my are administered. So how do you get cially in springtime, that garden plans distinguished friend for his overly gra- money for your PAC? You probably put made in the glow of a winter’s fireside cious comments. it in the company newsletter, where do not always pan out when faced with The PRESIDING OFFICER. The Sen- you say, ‘‘All employees who want to the vagaries of late frosts, early ator from Arizona. contribute to Acme PAC, please do so,’’ droughts, or insect infestations. In- Mr. MCCAIN. Mr. President, I thank and then that money comes in and the deed, one fierce storm can lay low all Senator BYRD for his annual admoni- individual puts it in their account, et of one’s efforts in a single blow. A wise tion to all of us to conduct ourselves in cetera. gardener dreams big but takes care of a way that reflects the dignity and How do you assess the cost of that? the basics first. He builds rich soil, comity of this institution and reminds Who pays for that? The CEO, probably clears it, weeds it well, plants strong us of the transience of all this and the on an annual basis, calls the senior seedlings, and tends to them carefully. importance of friendships and relation- managers together and says: I want all Patience and a long viewpoint are the ships that are established in this very you guys and women to contribute to watchwords. On the national economic unique organization. our political action committee. It is level, that means paying down the debt There is a time for us to pause and that time of year. We are in an election and maintaining the economic infra- reflect. There is no one in this body year and we want to support good old structure that is the soil for our cur- who gives us a more enlightening op- BOB BENNETT. He has always been a rent and future economic growth. Just portunity than the distinguished Sen- friend of business. as a garden needs hoses to carry water ator from West Virginia. What is that worth? How do you as- and flats in which to tend seedlings, so So I thank Senator BYRD. And I also sess the cost of that good friend of Sen- the nation needs transportation net- admire the vest he is wearing today as ator BENNETT’s soliciting money for his works to carry commerce and schools well. I thank the Senator and I will political action committee so he can in which to nurture and teach our chil- speak on the pending amendment. support him? Does a notice of contribu- dren. Then as prosperity blossoms can f tions in an internal newsletter have a value? What is the value in a news- some blooms be harvested in the form BIPARTISAN CAMPAIGN REFORM letter? of targeted tax cuts, leaving most of ACT OF 2001—Continued the plant intact to set seeds and pre- What about the electricity costs of pare for the coming winter. But one Mr. MCCAIN. Mr. President, it is the office that houses the PAC of the certainly does not pull up the entire kind of obvious what the strategy is employee who does it on a part-time plant at the first sign of fruit! That is that is going to be employed here, and basis? Well, what we need, obviously, is short-sighted and imprudent. It leaves that is to sort of love this legislation a new arm of the IRS, or the FEC, or nothing to carry the family through to death. In other words, let’s not leave maybe a new organization that we the winter that will surely come. any stone unturned; let’s make sure could call the ‘‘PAC police,’’ who say, But now, Mr. President, it is spring- this is a perfect bill, and anything less aha, you spent 2 hours today, and that, time and everything feels possible. Let than that is not acceptable. So let’s at your hourly salary, is so much us rejoice—my dear friend, Senator have a series of amendments, which I money, and that has to come from hard certainly admit are very clever, includ- MCCAIN, and Senator DODD, an equally money donations. Clearly, my friends, dear and trusted friend—let us rejoice ing this one. this is not an amendment that would in the new growth and in the growing I want to point out that this bill have an effect that we could ever en- strength of the brightening sun. Let us says, basically, ‘‘except that the cost of force, that we could ever make a rea- take up with patience the gardener’s such establishment, administration, sonable kind of a thing. Obviously, it hoe and weed the row before us. Our and solicitation may only be paid from would have some debilitating effects on diligence and care now will bring us re- funds that are subject to the limita- PACs. wards later. Let us savor the moment tions.’’ In other words, only hard dol- The authors of this amendment could and rejoice in the first day of spring. lars can pay for a political action com- not really understand too well how po- Who knows whether we shall see an- mittee’s establishment, administra- litical action committees—particularly other, so let us rejoice in this one. I tion, and solicitation. the small ones—operate, and think close with the words of the poet Robert Well, Mr. President, we try to help somehow that we could assess the costs Browning that have always captured PACs. We try to help political action and then take that out of hard money for me the spirit of this time of year: committees because they provide us, and put it into some kind of payment generally speaking, with small dona- or payback. The year’s at the Spring, tions that are an expression of small So I have to oppose this amendment. And the day’s at the morn; Morning’s at seven; individuals’ involvement, as opposed to I think it is not workable. I don’t think The hillside’s dew-pearled; the so-called soft money, which we are it is logical or reasonable to do so. The The lark’s on the wing; trying to attack. So we have tried to, Senator from Utah mentioned the fact The snail’s on the thorn: in the past, make it as easy as possible that this is soft money and that we are

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2554 CONGRESSIONAL RECORD — SENATE March 20, 2001 banning all soft money. Well, as the leagues, who I know are torn on this We are here really not just to fix a Senator from Utah knows because he bill, who I know are ambivalent about system, not just to tinker and say we mentioned that he read the bill, we whether this provision or that provi- can make it a little better here, a little don’t ban soft money in a lot of areas sion not only affects them—those who better there, not just to smooth off the such as for State parties, or we don’t write and say, well, they are just inter- surface; we are here in an attempt to ban soft money in some other areas. ested in their own survival, hegemony, revitalize our sacred democracy. But we certainly are banning soft that is really not fair because we all I say to my colleagues, that is what money for the use in Federal cam- live with this system. We all have ideas is at stake, no less. If we pass up the paigns. about it, like a carpenter would have opportunity to pass a bill, if each of us So I have to oppose the amendment. better ideas about how to carve a has to have his or her own way and say, I hope that my colleagues will under- chair, or a doctor might come and tell I want it my way or no way, we are not stand that this amendment is not an us how to design a better medical sys- just changing the balance of power be- acceptable one. tem. I say to my colleagues who do tween the parties or how this candidate The PRESIDING OFFICER. The Sen- care about this Government, and we or that candidate might run in a new ator from Connecticut is recognized. have devoted our lives to it, that if election. We are passing up an oppor- Mr. DODD. Mr. President, I yield 15 there were a watchword for this debate, tunity to stem the tide of negativity minutes to my good friend and col- it would be a simple one: Do not let the toward our Government which at least, league from the State of New York, Mr. perfect be the enemy of the good be- it seems to me, is probably the greatest SCHUMER. cause if there was ever a place where problem this Government faces as we Mr. SCHUMER. Mr. President, I the perfect or the desire to attain per- move into the 21st century. thank the Senator from Connecticut fection could kill the good that would I urge my colleagues to summon for yielding. I thank all of my col- come about, it is in campaign finance forth and see the big picture. I urge my leagues—the Senator from Kentucky reform. That is what we have seen over colleagues to not get mired in every and the Senator from Connecticut for and over. single detail because there is no perfect leading this debate, as well as, of I know there are some, such as my system. There is certainly no perfect course, my colleagues from Arizona colleague, my friend from Kentucky, system with Buckley v. Valeo as the and Wisconsin for their leadership on who are just opposed to this bill in supreme law of the land, and there is this issue, which is something I believe broad concept. He believes it violates probably no perfect system without in, as they do. the first amendment, and he has put Buckley v. Valeo as well. We are not As we go through this debate on cam- his money where his mouth is and his going to achieve perfection, and none paign finance reform, I guess there are courage in supporting the amendment of us is going to be 100 percent or even two ways to look at it. They are the against burning of the flag. So I do not 90 percent happy with the bill, but the larger picture and the smaller pic- begrudge his point of view; I disagree alternative, which is we do nothing— ture—the forest or the trees. When you with it. We are not going to win him this is our last chance, that is for look at the trees, it is awfully difficult over. sure—the alternative of doing nothing to come up with a perfect bill. I think The worry I have is with many of my and allowing the mistrust to continue, every one of us has found numerous ob- colleagues who are unsure, who look at the alternative of throwing up our jections to any proposal that is made. one imperfection or another in this bill hands, which is what the public will None of them works perfectly. None of and let it be, let those imperfections think, in deadlock and not reforming is them is without flaws. Much of what prevent us from moving forward at all, too great a danger and too foreboding we will talk about today and over the as move forward we must. to the Republic to entertain. next two weeks will be in discussion of When the Founding Fathers put to- I urge my colleagues, again, to keep those trees: It will be better to do gether our Government and when you their eye on the ball, keep their eye on something this way or there is an in- read the Federalist Papers and some of the big picture, keep their eye on the equity when ‘‘A’’ is put slightly dis- the commentaries, the thing they prob- problem we face and make sure we pass advantaged to ‘‘B.’’ I can figure out a ably worried more about than anything McCain-Feingold because it is so im- scheme that will work for my State else, even more than the overarching portant to rejuvenating the democracy better than the present one. Over and power of a central government, was the we have. over again, we can hear arguments just apathy of the citizens, the lack of in- There is one final point I will make like that. And because of the fragility volvement by the citizens. They won- on an issue I will be speaking a lot of campaign finance reform, because it dered if people would put themselves about the following week, which is the has taken so long for it to come here, forward for public office, and they won- Hagel amendment and soft money. because it is not easy for people to re- dered if people would participate in a I have seen, during the brief time I form themselves, which is basically government where they had control. have run for higher office, how dra- what we are doing, any one of those ar- For quite a while, in the flush of de- matically this has changed, not only guments, those trees, could end up ru- mocracy and with so many of the early the amount of soft money but the re- ining the whole forest. issues, those worries subsided, but strictions on soft money. It is such The other way to look at this is as a since World War II, they have come that in the 2000 elections, one could do forest, Mr. President. Our system is back at us larger than ever in the his- virtually the same thing with soft simply a mess. I say this to my col- tory of our country. money as one could with hard money. leagues on my side of the aisle particu- The percentage of people who vote, Yes, there may be a little sentence put larly but to everybody here as well: We the percentage of people who regard in the commercial that says, ‘‘Call up believe in Government. We don’t be- the Government with only cynicism, so and so,’’ or even some words that are lieve Government is an enemy. We be- the percentage of people who believe put at the bottom of the ad that can lieve Government is something to do they do not have any power, even the hardly be seen, but the bottom line is good, to improve the lives of people. brief antidote of the Florida election that the ability to spend soft money on We believe it is basically a necessity. has not stemmed that tide. virtually everything has made a mock- And this system of finance so erodes One of the main reasons people have ery of the original law we passed in the confidence in this Government that we that apathy, that cynicism which is so seventies. have all dedicated our lives to seeing corrosive to democracy, is the way we The Hagel amendment, which will that something has to change. finance our campaigns. They know allow lots of soft money to continue to The forest is the right argument they cannot write out large checks, cascade into our system, is, in my here—looking from 10,000 feet at the and they believe, rightly or wrongly, judgment, a killer amendment. It is a landscape is far more important than that those who can have far more killer amendment not simply because looking from 100 feet above the land- weight than they do. I think most of us of what it means for McCain-Feingold scape on this issue. It may not be true in this body have to say certainly that in terms of how many votes it has, but of all issues, but it is true of this one. appearance is there, even for those who it is a killer amendment in the sense So if I had a plea to make to my col- do not agree that the reality is there. that the whole idea behind McCain-

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2555 Feingold—which is to limit the influ- ate to do what the Senator from New ficult, as the Senator from Arizona de- ence of large contributions—would be York suggested. There will be attrac- scribed, to figure out what constitutes thrown out the window. tive amendments on aspects of public volunteer activity on behalf of a PAC When it comes to the Hagel amend- financing which I would like to see and what constitutes activity that ment—and he is a good friend of mine that could upset the balance we have. should be reimbursed out of the hard and I respect completely his sincerity There will be poison pill amendments dollar profits of the PAC, it will be in offering this amendment—but when to try to embarrass one particular se- equally difficult, if not more so, for it comes to the Hagel amendment, we ries of interests such as unions, to try some Federal official to determine would end up being a little bit preg- to kill the bill, and then there will be what constitutes 25 percent or more of nant and that just does not work. so-called alternatives, as the Senator an individual’s time in a single month I thank my colleagues for their ef- from New York has suggested—in par- on a particular Federal activity. There forts. I say to my friend from Wis- ticular, the Hagel alternative offered will be hairsplitting in that regard that consin, he has done a marvelous job on by a colleague we all respect—which is, will go further than the hairsplitting our side. I say to, again, my friend in fact, worse for the current system to which the Senator from Arizona ob- from Connecticut that he, too, has led because it will put the stamp of ap- jected as he made his comments about the early hours of this debate ex- proval on the soft money system once my amendment. tremely well and extremely fairly, and and for all. Let me respond in a different way to that also goes for the Senator from I think the Senator from New York is the comments of the Senator from New Kentucky. right. I don’t think we will ever be able York when he said we should look at I hope in this body we can debate the to change it if we adopt that kind of the forest. I agree with him absolutely. issue as seriously as we can, and then amendment. I am grateful to him for We should look at the forest. I have my sincere hope is that at the end of his work in the House, especially grate- tried to do that in all of my activity the day, we emerge with the same basic ful to him for his work with a small with respect to campaign finance re- bill that the Senator from Arizona and group of Members who have been work- form since I first came here in 1993. the Senator from Wisconsin intro- ing on this for over a year, and particu- The forest I look at, that must be duced. larly grateful for his leadership that preserved and protected—indeed, that I yield back whatever time remains has started today and will continue which I have taken an oath to preserve to me. through this process of pointing out and protect—is the Constitution of the The PRESIDING OFFICER (Mr. that the Hagel alternative is, frankly, United States. I do not want to be part CRAPO). The Senator from Wisconsin. worse than no bill at all. My thanks, of a Congress that dilutes the freedoms Mr. FEINGOLD. Mr. President, I again, to the Senator from New York that are outlined in the Constitution of thank the Senator from New York. His for his leadership and his commitment the United States and, specifically, the comments are among the most impor- to this issue. first amendment thereto. tant comments that have been made so The PRESIDING OFFICER. The Sen- We are in the 250th anniversary of far in this debate and, frankly, on any ator from Utah. the birth of James Madison, little other debate we have had on campaign Mr. BENNETT. Mr. President, I en- Jimmy, as he was called by his contem- finance reform in the last 6 years. That joyed listening to the Senator from poraries, because he was short. That is because he has identified the real New York and will respond in a mo- seemed to be the kind of nickname issue. ment. We are on my amendment so I that stuck with him. I make this inter- When the Senator from New York would like to talk about the details of esting point about Madison before I go was in the other body, he was part of my amendment. Before I do, the Sen- on. This comes from an article on the solution there. He was part of the ator from Arizona gave an example of money and politics that was printed in effort to get through a similar bill in volunteer activity, all of which is cur- the Wilson Quarterly in the summer of the House where people did see the for- rently exempted under Federal law and 1797. Reference has been made to the est for the trees, exactly the point the which would continue to be exempted Founding Fathers. The Founding Fa- Senator from New York is making. under Federal law. thers were geniuses, the Founding Fa- There are so many amendments that My amendment goes to organizations thers gave us an incredible legacy, but are attractive to us, including many such as those we have all seen in the the Founding Fathers were also very provisions that Senator MCCAIN and I field where there are a number of paid practical politicians or they wouldn’t have offered in the past, having to do employees devoted full time to PAC ac- have been in the positions where they with free television time, having to do tivities, occupying dedicated facilities were. with other improvements in the system that can be easily identified, running Quoting from the Wilson Quarterly: that many of us would like to see. We up travel expenses that are clearly George Washington spent about 25 pounds have to keep our eye on the ball, as the billed to that activity. There would be apiece on two elections for the House of Bur- Senator from New York has suggested. no difficulty on the part of the cost ac- gesses, 39 pounds on another, and nearly 50 I don’t know if he is a Mets or Yankees countant, be it in a union or a corpora- pounds on a fourth, which was many times fan. tion, to identify that kind of PAC ac- the going price for a house or a plot of land. Mr. SCHUMER. Yankees. tivity. There is no question that the Going back to the debate we had with Mr. FEINGOLD. Yankees. sort of informal activity of people talk- the amendment of the Senator from Keeping the eye on the ball is the ing in the workforce, saying they want New Mexico, George Washington was a final goal and the central issue. I am to support Senator BENNETT or Senator wealthy man, trying to buy his elec- grateful after all these years of the MCCAIN, does go on, is voluntary, is tion, if we use today’s rhetoric. frustrating process of coming to the completely exempted from all law now, Washington’s electioneering expenses floor and having a few speeches and a and would continue to be exempted. My included the usual rum punch, cookies cloture vote and having to shut it amendment would not apply to that. and ginger cakes, money for the poll down, we can have a Senator from New I also point out McCain-Feingold has watcher who record the votes, and even York talk about something real, about some of the same aspects of how to an- one election eve ball, complete with a process that can have an end and ac- ticipate time because, as currently fiddler. tually work. It will require the kind of drafted, in Federal election years, Now it talks about James Madison unity and discipline of reformers on McCain-Feingold requires State, dis- and money: both sides of the aisle that has been trict, and local parties to use 100-per- James Madison considered the ‘‘corrupting demonstrated in the other body on a cent federally regulated hard dollars influence of spiritous liquors and other number of occasions. for the entire salary of any State, dis- treats’’ ‘‘inconsistent with the purity of My hat is off to the Senator from trict, or local party committee em- moral and Republican principles.’’ But Vir- ginians, the future president discovered, did New York, but also the reformers in ployees who spend 25 percent or more not want ‘‘a more chaste mode of conducting the other body, particularly Represent- of his or her time in a single month in elections.’’ Putting him down as prideful and atives SHAYS and MEEHAN, who have any of the above-mentioned Federal cheap, the voters rejected his candidacy for shown the way. Now it is up to the Sen- election activities. If it will be dif- the Virginia House of Delegates in 1777.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2556 CONGRESSIONAL RECORD — SENATE March 20, 2001 Leaders were supposed to be generous gentle- Americans’ ability to speak in politics. newspaper and say: We want to buy an men. What do we do about it? ad urging people to vote against Sen- Madison’s attempt at purity, though Alexander Hamilton says: You do ator FEINGOLD. futile, signified the changing ideolog- whatever you always do when you want The editor of the newspaper says: In ical climate. Madison obviously to make a statement. You write a let- the name of campaign finance reform, learned elections cost money, even in ter to the New York Times. we will not permit you to buy that ad. the days of the Founding Fathers. James Madison says: Great, Alex- We will not permit you to express your The one thing that Madison guaran- ander, let’s do that. opinion about Senator FEINGOLD or any teed would happen in every election Alexander Hamilton and James Madi- other candidate. We will forbid you was that there would be complete free- son sit down and write a letter to the from speaking. dom of expression at every place and at New York Times protesting the activi- As they turn to walk from the edi- every point. ties of Senator FEINGOLD. tor’s office, with Madison and Ham- Since this is the 250th anniversary of The editor of the New York Times ilton disconsolate about the fact they Madison’s birth, may I, with the sus- says: We are not going to run it. cannot speak their mind, Benjamin pension of belief, resurrect James Madison says: Well, Alexander, you Franklin says: I can fix it. Madison and place him in the gallery, certainly lost your cachet. There was a How can you fix it, Benjamin? He if you will, in the press gallery, be- time when anything you said in New says: I told you I put my money in a cause James Madison has a history of York automatically was run in any CD, and it has been accumulating in- being an author and a journalist, being newspaper. What do we do? terest ever since the 1700s. I have the author of much of the Federalist Alexander Hamilton says: Well, we enough to buy the newspaper. I don’t Papers. Let us have Madison up there, are going to have to buy an ad in the have to buy the ad. I have enough to listening to this debate. Now, he would New York Times. That way they can- buy the paper. Once we own the paper, turn to one of his friends in the press not censor our speech. Money is re- then we will have unlimited free polit- gallery to have him explain terms that quired. How much money do you have, ical speech because, you see, the im- would be unfamiliar to him. He would little Jimmy? pact of McCain-Feingold means the say: What is hard money? What is soft Madison puts his hands in his pocket, people who have the most speech are money? What is the difference? and he pulls out whatever money he the people who truly have the most What is it used for? He would have brought with him from the 18th cen- money—the people who own the news- explained too much hard money is this tury. And he says: Ready cash, I have papers, the people who own the tele- and soft money is that. He might have $7.23. How about you, Alexander? vision station, and people named Tur- a little trouble understanding the dif- Alexander Hamilton says: Don’t get ner who own networks. They have com- ference because he would say: Wait a into the issue of money. I don’t want to plete freedom of speech because they minute. In the first amendment that I talk about the blackmail payments I have enough money. And it has taken authored you were free to speak in have been making. It is a very sore po- almost 250 years for me to accumulate whatever way you wanted. You could litical point. I can’t help you. But enough. But I, Benjamin Franklin, be like Washington and buy rum punch maybe the amount of money you have have enough that I can buy their news- and ginger cakes, if that is what it will do the job. paper. And then I can run an editorial took to get the voters to listen to you; So they call the New York Times and attacking Senator FEINGOLD every day or you could run an ad. You could print say: How much is the full page ad in of the week, if I so choose. a pamphlet. That is what Hamilton and the New York Times? At that point, there are absolutely no Jay and I did. We went out and raised The New York Times says $104,000. limits on any speech. But you, James money and printed our own pamphlets I have $7.23. I can’t speak unless I Madison and Alexander Hamilton, and circulated them. Maybe you have raise some money. Who do we know there are limits on your speech placed seen them. that knows how to raise money? there by McCain-Feingold saying that Madison’s friend up there in the press Snap of the finger and Benjamin there will be no political speech from gallery might say: Yes, I have seen Franklin appears. you during the 60 days before the elec- them. Benjamin, you were one of America’s tion. We call them the Federalist Papers good businessmen. He said: Yes. And I We come back to reality. James today. But we must remember that put mine in a CD that has been accu- Madison, Alexander Hamilton, and when they were written, they cost mulating interest ever since I died in Benjamin Franklin are not available as money. Madison could not have spoken the 1700s, and I have enough for an ad witnesses in this particular debate, if he had not raised and spent some in the New York Times. But let me be even though I called them up rhetori- money. Money was speech all the way practical with you. Not only am I a cally. But I am moved to do that by back in James Madison’s time. practical businessman, but I recognize the comment of the Senator from New As James Madison sits there in the that most of the people in Madison, WI, York who says we must look at the for- gallery, and he hears the details of don’t read the New York Times. That est and we must protect the big pic- McCain-Feingold, James Madison says: is going to come as a great shock to ture. The big picture, as we are debat- Wait a minute. You are telling me that you, Alexander Hamilton. You think ing McCain-Feingold, has to do with there will be limits on how Americans the whole world reads the newspapers freedom of speech. It has to do with ro- can participate in the political proc- in New York. The fact is, if we are bust debate of the American economy. ess? going to have an influence by running It does not have to do with getting Yes. There will be limits. our ad, we are going to do it in Madi- money out of politics because the re- James Madison asks: Who is in son, WI. ality in the big picture is that we never charge of this outrageous idea? They contact the Madison, WI, paper, have had money out of politics, start- You see the handsome young fellow and find out that the cost of a full-page ing with George Washington and his from Madison, named after you, from ad is 10 percent of the cost of the New rum punch and his ginger cakes. And Wisconsin, his name is RUSS FEINGOLD. York Times; $14,000 on a Sunday gets we never will have money out of poli- He has been pushing for this. you a full-page ad in the newspaper in tics. Somebody will find a way to do it. James Madison says: I must do some- Madison, WI. I am a cosponsor with Senator ALLEN thing about this. I must express my Let’s do it. who has offered the Virginia Plan. I am opinion with respect to Senator FEIN- But while they are debating, while not sure it is going to be offered on this GOLD. they are doing this— again we are com- floor. But it is offered in the arena of He snaps a finger and gets his part- pressing time—McCain-Feingold passes public opinion. I hope it gets offered. ner, Alexander Hamilton, to join him. and is the law of the land, and it is Historians will recognize that the He says: Alexander, look what is hap- within 60 days of the election of the Virginia Plan was James Madison’s pening. There is that fellow down there Senator from Wisconsin. plan for the Constitution. from Wisconsin. He comes from a town Alexander Hamilton, James Madison, What is the Virginia Plan for cam- named after me. He is trying to limit and Benjamin Franklin walk into the paign finance reform? Two sentences.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2557 The first one, worthy of James Madi- course on the importance of the first It has been said on the floor of the son, says: No American, any provision amendment through the course of the Senate that a political action com- of law to the contrary notwith- debate and in all of our discussions on mittee cannot get started without ex- standing, shall be prohibited from ex- campaign finance reform. He has made penditures of soft money. We all know pressing himself or herself in any way it so clear and understandable for all of that is not true. There are a number of in any arena or any contribution to our Members. I congratulate him for leadership PACs formed by Members of any party or any candidate. his contribution. the Senate and the House. We do not That sounds like first amendment With regard to his amendment, I am spend soft money to get those leader- language to me. That sounds like told we will be prepared on both sides ship PACs up and running. You get a James Madison language about which to vote at 4 o’clock. I will enter that few hard money checks. You file with he would be very comfortable. consent in a moment. the FEC. You get a few hard money Then the second one, recognizing But let me say, with regard the Sen- checks and you are up and running. where we are in technology, says—I am ator BENNETT’s amendment—— Believe me, it is possible to start a not quoting the legal language, just Mr. REID. Why don’t we do that con- PAC without the expenditure of soft the effect of it—every one of those do- sent request now? money, I say to my friend from Utah. nations will be in the modern world Mr. MCCONNELL. Mr. President, I Is that correct? disclosed, using the technology that is ask unanimous consent that a vote on Mr. BENNETT. Mr. President, I have available to us. the Bennett amendment occur at 4 never started a leadership PAC because This means in all probability, 48 o’clock. I have never been in a leadership posi- hours, and it is on the Internet for ev- Mr. REID. A vote on or in relation to. tion. But I understand that it is, in- erybody to see. Forty-eight hours, and Mr. MCCONNELL. It is my under- deed, easy to do; and it is done only electronically the contribution is standing, talking to the Senator from with hard money. There does not seem there. That is the Virginia plan. Nevada, it was going to be an up-or- to be any difficulty in keeping track of When I discuss this with people out- down vote. who is volunteering and who is being Mr. REID. I do not know of anyone side the Senate, they all say: Gee, that paid. who wishes otherwise. I think it will be makes a lot of sense. Why don’t you Mr. MCCONNELL. I thank the Sen- an up-or-down vote. start voluntarily disclosing within 48 ator from Utah. Mr. MCCONNELL: On or in relation So this is really an amendment that hours right now? If you are such a to the amendment. is quite simple. The principle of the un- great campaign finance reformer, why The PRESIDING OFFICER. Is there derlying bill, which I, as the Senator don’t you do that immediately? objection? from Utah, do not support, is that Fed- I say: You know, there was one can- Mr. REID. Reserving the right to ob- eral elections should be conducted in didate for President who did that. ject, the only request I have is Senator Federal money, hard dollars. And in It is a very interesting thing to do. I FEINGOLD wants 5 minutes and Senator pursuit of that principle, McCain-Fein- recommend it to all of you in your LEVIN wants 5 minutes and Senator gold requires the national political town meetings. DODD needs 5 minutes. The time will be parties to operate in 100 percent Fed- I say: There was one candidate for a little uneven, but if the Senator will eral dollars, so-called hard dollars—100 President who did, in fact, disclose agree to that. percent. every one of his donors within 48 hours. The PRESIDING OFFICER. Without And in even numbered years, it es- Question: Do you know who it was? objection, it is so ordered. sentially requires all the State and I did this to a group of political Mr. MCCONNELL. Mr. President, let local parties in our country to operate, science students the other day. me say, having been involved in this similarly, in Federal hard dollars. The first answer I got back was debate over the years, I have fre- So in the name of fairness, we ask Ralph Nader. quently heard the words, ‘‘Don’t let the the question, Why should labor and I said: No, Ralph Nader did not do it. perfect be the enemy of the good.’’ My business be allowed to, in effect, sub- Then someone answered: Well then, friend from Utah recalls that we hear sidize their hard dollar activities, was it JOHN MCCAIN? that from time to time. which are their political action com- I said: No, it was not JOHN MCCAIN. I have taken a look at when that mittees—100 percent dollars—and why Then someone answered: Gee, Al comes up, ‘‘Don’t let the perfect be the should they be allowed to subsidize the Gore? enemy of the good,’’ and every single raising of their hard dollars when I said: No. The candidate who did it time those words come up—‘‘don’t let America’s political parties can’t do it, is now sitting in the White House. His the perfect be the enemy of the good’’— and when America’s State and local name is George W. Bush. He got little is in relation to an amendment that parties can’t do it in even numbered or no credit for doing it from those who might have some impact on organized years? Where is the fairness? sit in the press gallery because they do labor—some impact. If the idea is that Federal elections not want to admit that he was on to a I have watched this carefully now for should be conducted in Federal dollars, good idea—in my opinion, a better idea some 10 or 12 years, and every time the why is that principle only going to be than the bill we are debating. words ‘‘Don’t let the perfect be the applied to the Nation’s political par- None of this has had anything to do enemy of the good’’ are expressed, it is ties? with my amendment, and I recognize because there is an amendment pend- The Bennett amendment is quite that. But none of the debate on the ing that might have some impact—ever simple. It is easily understood. For other side has had anything to do with so tiny—on organized labor. those who believe soft money is a per- my amendment either. And, if I may, if Now, the Bennett amendment is very nicious thing undermining our democ- the Senator from West Virginia can evenhanded. It is not targeted at orga- racy, then why should they think it talk about spring, I hope the Senator nized labor, by any means? would only be pernicious when raised from Utah can talk about the Constitu- Mr. BENNETT. That is correct. and spent by political parties but per- tion. Mr. MCCONNELL. Is that correct? I fectly OK when raised and spent by I remain ready to answer any ques- ask the Senator from Utah, this is not labor and business? tions about my amendment or respond an amendment targeted at the heart of That is the heart of this amendment. to anything about my amendment. organized labor? That is what this vote will be all But, so far, there has been little or no Mr. BENNETT. The amendment deals about. We will have that vote at 4 debate about it. with activities on the part of corpora- o’clock. I think that pretty well ade- The PRESIDING OFFICER. The Sen- tions every bit as much as on the part quately describes our side of this ator from Kentucky. of labor. amendment. Mr. MCCONNELL. Does the Senator Mr. MCCONNELL. I thank my friend I will be happy now to yield the floor from Utah yield the floor? from Utah. at this time. Mr. BENNETT. Yes. So this is not about organized labor. Mr. DODD. Mr. President, I yield 5 Mr. MCCONNELL. I congratulate the It is about how you raise money for po- minutes to my friend and colleague Senator from Utah for a brilliant dis- litical action committees. from Michigan.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2558 CONGRESSIONAL RECORD — SENATE March 20, 2001 The PRESIDING OFFICER. The Sen- a newsletter to its stockholders or to In addition to what my colleague ator from Michigan. its executives saying: Which of the can- from Michigan has said about the 1974 Mr. LEVIN. Mr. President, I very didates out there should our PAC con- law, there is also a restriction in the much oppose this amendment. The Su- tribute to? Now someone has to sit and 1974 law which doesn’t pertain to any preme Court has told us over and over figure out: What is the cost of printing other kind of activity that has other- again that the standard for contribu- that newsletter; what page is that no- wise been described. Under the 1974 act, tion limits that is constitutional is the tice on; is that on page 1 where it has unions, corporations and membership appearance of corruption, the appear- the biggest impact or on page 4 of the organizations can only solicit their ance of impropriety, and the appear- newsletter; what part of the postage of own members and stockholders, unlike ance of undue influence, that large con- that newsletter goes to that issue; how other organizations which can solicit tributions or the solicitation of large much of the time of the secretary who from the universe within the country. contributions can create. took the minutes of that meeting Under the 1974 act, as you are estab- There is no such appearance problem where we discussed that issue can be lishing your PAC, you can only get the with these expenditures. In fact, the attributed to that request. support from your own organization’s expenditures which the Senator from You have a bookkeeping nightmare membership. That is a significant re- Utah would require to be paid for out that you are creating for no problem. striction which applies to them which of hard dollars has explicitly been ex- There is no problem, that I know of, does not apply to others. cluded from that requirement by law that has been shown over these almost In addition, there is this balance that since 1974. So since 1974, the statute 30 years. Yet in order to try to show was written into the law in 1974, as the under which we have all operated has some kind of a flaw, looking des- Senator from Michigan properly points excluded: perately for a flaw in the ban on soft out, where there has not been any iden- tifiable abuse of this exception in the . . . the establishment, administration, money, the proponents of this amend- and solicitation of contributions to a sepa- ment say: Aha, you are not being con- law whatsoever here. Secondly, because of the universe to rate segregated fund to be utilized for polit- sistent. ical purposes by a corporation, labor organi- Well, we are being consistent because which they are restricted in soliciting zation, membership organization, coopera- in the case of banning soft money, dollars, they then have allowed, in a sense, their general treasuries to be tive, or corporation without capital stock. there is a disease that needs a cure— used in order to communicate with The administrative expenses, the es- unlimited contributions to political their restricted class and member- tablishment expenses, and the solicita- campaigns that are being accomplished ship—not with people outside of that tion of contributions to a PAC have through soft money. not been considered to be limited by The Supreme Court said: We can pro- restricted class membership but with their own membership. Were they com- the hard money restrictions of law hibit that constitutionally. That is municating to the universe at large, since 1974. what the Supreme Court has said. Mr. MCCONNELL. Will the Senator I don’t know of any evidence that then I think the point the Senator yield for a question? this particular provision in law, which from Utah has raised would be appro- Mr. LEVIN. If I could finish my re- has been in place for 26 years now, has priate. But when you are restricting, under the 1974 act, the audience to marks. created a problem. I say to my good which they can communicate, it seems Mr. MCCONNELL. Just a quick ques- friend from Utah, this amendment is to me this balance is appropriate, nar- tion: Isn’t that precisely the point? not needed. It has not been shown to rowly tailored and proper. To disrupt That is precisely the point of the Ben- address a problem in the law. It will nett amendment. that now would be a mistake. create a bookkeeping nightmare to try The point the Senator from Arizona Mr. LEVIN. That is exactly the point to in any way comply. It will put peo- of the Bennett amendment: to repeal a made is also worth repeating; that is, ple into an illegal netherworld for no this is awfully difficult. One of the law which has been in place since 1974 good reason that has been dem- things we don’t want to do is create and has created no harm. Sometimes onstrated. situations which make people potential we say around here that the cure is The PRESIDING OFFICER. The Sen- targets of indictment. This gets pretty worse than the disease. This is a cure ator’s 5 minutes have expired. amorphous, as to what constitutes an looking for a disease. There is no dis- Mr. DODD. I yield 1 additional expenditure of soft dollars in order to ease here that has been shown. minute. solicit hard dollars for your PAC. Mr. MCCONNELL. Will the Senator Mr. LEVIN. The appearance of impro- Again, the Senator from Michigan yield for a question? priety, the appearance of corruption, and others have made this point. When Mr. LEVIN. If I could continue, this which is the only basis on which we you get into this area in trying to iden- is just an effort being made to try to can act as a justification for limiting tify how much has been committed or say: Oh, you guys over there who are contributions of a large size to can- whether or not it was committed at all, trying to ban soft money, you are not didates, that justification does not a simple address by the CEO or the being perfectly consistent because, exist here with corporate or union president of a local to the membership look, you allow the establishment, ad- treasury money being spent to admin- of that community—how would you ministration, and solicitation of con- ister a PAC. put a value on that? Your inability to tributions to a PAC to be paid for out I urge that we either table this do so or to provide a proper accounting of treasury dollars. You are not being amendment or defeat this amendment. of it exposes you then to the potential totally consistent. I am sorry my friend from Kentucky of indictment. I don’t think anyone in The answer to that is, wait a minute, did not have a chance to ask me the ad- our interests here should try to nec- the law of 1974 also says that commu- ditional question. I would be happy to essarily do that. It is so difficult to nications by a corporation to its stock- try to answer it, if our good friend write that into law, even when the law holders and executive administrative from Connecticut wants to yield the has only civil jurisdiction. personnel and their families or by a time. I urge a rejection of the amendment. labor organization to its members and Mr. DODD. Mr. President, I think our A communication which is specifically their families on any subject, that is colleagues have covered this. I think protected by the Constitution and rec- not subject either. we can get to a vote fairly quickly. As ognized by Buckley, where it is in- Mr. MCCONNELL. Will the Senator my friend from Utah knows, I think of volved in a significant balance between yield for a question? myself as the third Senator from Utah. the ability to communicate with your Mr. LEVIN. I will in a couple of mo- I am not sure Utah thinks of me as its restricted class or membership and ments. third Senator, but he and I have a won- only that group, then the resources of Here we have a cure looking for a derful relationship and have worked so that organization to do so are appro- problem. There has been no problem on closely together over the years that I priate and proper. To upset that bal- this. There is no practical way to keep am not comfortable disagreeing with ance would be a mistake. track of these expenses, no practical him on his amendment. I admire him The law has worked well for 26 years. way to do this. A corporation sends out immensely. We ought not to change it at this

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2559 point. For those reasons, I respectfully he said, this amendment would disturb tional Committee and the Democratic urge our colleagues to vote against the the balance. That tradeoff has been a National Committee, and 35 percent of amendment. part of the law for 25 years. It is not a the Republican Senatorial Committee I yield whatever time my colleague loophole. It is not a cesspool of soft and the Democratic Senatorial Com- from Wisconsin so desires. money. It is working. It may not be mittee, and federalizing State and Mr. FEINGOLD. How much time re- perfect, but it is the very thing that, local parties for even-numbered years? mains? along with other things, survived after What about the inconvenience to The PRESIDING OFFICER. Five the Buckley case. We have a fairly de- them? Why is it only political parties minutes. cent, but not perfect, system of cam- that it is OK to inconvenience and no Mr. FEINGOLD. Mr. President, I paign financing in this country. That is one else? thank the Senator from Connecticut. I what is falling apart. I repeat, every time you hear the ar- thank the Senator from Michigan espe- There is also a constitutional dimen- gument, ‘‘don’t let the perfect be the cially for his excellent remarks on this sion to this amendment. The law al- enemy of the good,’’ you can be sure amendment, and also the Senator from lows corporations and unions to com- the subject being debated on the Sen- Arizona. We are united in our opposi- municate with their members when a ate floor at that time is an amendment tion to it. I, too, as the Senator from union or a corporation solicits mem- that might have some impact on orga- Connecticut, find it a little bit un- bers for a PAC contribution. That so- nized labor. Virtually every time you pleasant to oppose the Senator from licitation is a communication. We can- hear the words ‘‘poison pill,’’ you can Utah. We have thoroughly enjoyed not interfere with that communication be assured the subject matter we are working together and share quite an without running afoul of the first debating at that time will be an affection for his beautiful State and amendment. I would think, given the amendment that might have some im- appreciate those opportunities. On this frequent speeches by the Senator from pact on organized labor. one, we really have to call this amend- Kentucky on the first amendment, that The reform industry, led by the New ment what it is. It is simply another would concern him as well. York Times and the Washington Post, attempt to change the subject. Let me say that I, as well as my lead Somehow it doesn’t trouble the Sen- has been allowed to get away with de- author, Senator MCCAIN from Arizona, ator from Utah or the Senator from fining what reform is. In fact, reform is oppose this amendment. It may be par- Kentucky that soft money to the par- what the New York Times and the ticularly targeted at unions because ties was $82 million in 1992, $260-some Washington Post and Common Cause million in 1996, and is now approaching they have less money and may be per- say it is, and everything else is a poi- $500 million in the year 2000. That ceived that way. As the so-called pay- son pill. doesn’t bother them. That is just fine. check protection amendment, this is Now, the underlying bill is designed What does bother them is somehow an attempt to cripple a labor union. It to reduce the effectiveness of Amer- trying to undo a reasonable balance is a poison pill amendment targeted at ica’s great political parties—the one that was created back in 1974 in the labor unions and perhaps at corporate entity that will always be there for a law at the time after Watergate and in PACs, as well, and is not reform. challenger. Here Senator BENNETT is the Buckley decision. Corporate labor PACs have been per- just trying to say, look, let’s have a The problem is not PACs. The prob- mitted to use treasury funds for their level playing field. If the parties are lem isn’t how PACs raise their hard administrative costs since the passage going to have to operate in 100 percent money contributions. We used to think of the 1974 act. As the Senator from hard dollars, why not the unions and PACs were the problem. I hope the Michigan said so well, there has been the corporations? Why not? Why not, I American people now realize that PACs no showing of abuse of this narrow ex- ask? What is so pernicious about the are limited to giving $10,000. We used to ception—the prohibition of corporate influence of Federal, State, and local think that was a lot of money. Unfor- and union spending of treasury funds in parties that their resources have to be tunately, given this insane soft money Federal elections—and yet these two taken away, their voices lowered, their system, it is starting to look as if it is Senators have virtually nothing to say efforts inhibited, and no one else? spare change. But that is what the Sen- about the enormous abuse of the gap- This is not a ‘‘level playing field,’’ as ator from Kentucky and the Senator ing loophole of soft money that has de- often is said by the other side. I have from Utah want to change the subject stroyed the reforms after the Water- heard the argument over the years that to: Worrying about how union members gate era. All those supporting McCain- we need to have a level playing field. If and perhaps corporate entities get Feingold should strongly oppose the hard dollars are to exclusively be the their people together and spend a little Bennett amendment. We strongly op- future of the parties, why not for busi- money in order to raise the modest pose it. ness and labor? amounts that can be contributed I yield the floor. Mr. BENNETT. Mr. President, will through PACs. It is a blatant attempt Mr. MCCONNELL. Mr. President, I the Senator yield for a question? to change the subject. had not realized, until I heard from my Mr. MCCONNELL. Yes. It does not relate at all to the real friend from Michigan, that the Federal Mr. BENNETT. The Senator from abuse in the system, the horrible situa- Election Campaign Act was so sac- Michigan said this is a solution looking tion where huge contributions on the rosanct that it should not be changed. for a problem, that there has been no very day that votes are made are given If that is the case, I don’t know why we abuse of this in the past. I was inter- to the political parties, and then legis- are here at all because the whole pur- ested and pleased to hear the Senator lation passes creating an appearance of pose of the McCain-Feingold bill is to from Wisconsin say we used to say impropriety or corruption that is very change the Federal Election Campaign PACs were a problem. I remember disturbing to the American people. Act of 1974. when the Senator from Kentucky and I To reiterate, the 1974 act that cre- Further, it is suggested that this is were lonely voices here defending PACs ated PACs had an explicit tradeoff. not an abuse. Well, what we do know is as being a legitimate thing in the face Separate segregated funds that are that organized labor spends essentially of those who were attacking it in the connected with the union or corpora- no hard dollars at all raising hard dol- name of campaign finance reform. So tion can use their treasury funds for lars for their PACs. Now, as a defender at least that debate is over and now their administrative costs, but they of soft money, I must tell you I am not PACs are good. can solicit only their members or exec- troubled by that in principle any more To the point the Senator from Michi- utive and administrative personnel for than I am troubled in principle by the gan raised, would the Senator think contributions. On the other hand, non- political parties having nonfederal this exception—I will call it an excep- connected PACs must use their PAC money. It has been suggested on the tion—could, in fact, become a major money for the costs of administration, other side that this would be an incon- loophole in the future if McCain-Fein- but they can solicit the general public. venience for organized labor or cor- gold passes, and that some clever law- That was the tradeoff. porations. What about inconveniencing yers could sit down and figure out a That was the balance to which the the parties—by taking away 40 percent way to create something that came Senator from Connecticut referred. As of the budget of the Republican Na- under this exemption that could raise

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2560 CONGRESSIONAL RECORD — SENATE March 20, 2001 significant amounts of hard dollars, prohibition 60 days prior to the elec- out the imbalance between taking all funding them with soft dollars that are tion. Can the Senator from Kentucky non-Federal dollars away from parties totally undisclosed, unlike the other help us out on this? at the Federal level—the State and soft dollars to which they object—soft Mr. MCCONNELL. I say to my friend local level in the even-numbered dollars that would be totally undis- from Utah, we are looking up the lan- years—making the parties operate 100 closed, finding a way to turn this into guage. I say to my friend, unless the percent in hard dollars, and yet no one the next monster that we hear about in Senator from—I thought the point of else who expressly advocates a can- campaign finance reform debates 5 to the Snowe-Jeffords language was to didate through a PAC is required to do 10 years from now? make it difficult for—— that. Mr. MCCONNELL. I say to my friend, The PRESIDING OFFICER. All time We have carved out an exception for he described the situation today. That has expired. Under the previous order, corporations and unions so that they is the situation today. We have unlim- the question is on agreeing to the can continue to use millions of dollars ited and undisclosed soft dollars—we amendment of the Senator from Utah, in corporate and union soft money to don’t know how much—underwriting Senator BENNETT. underwrite the expenses of their polit- the PACs of corporations and unions. Mr. DODD. I ask for the yeas and ical action committees. That is the situation today. All I be- nays. Having said that, the next amend- lieve the Senator from Utah is doing is The PRESIDING OFFICER (Mr. ment will be offered by the Senator trying to create a level playing field of BROWNBACK). Is there a sufficient sec- from Oregon, Mr. SMITH, who will be hard dollars. If hard dollars are good ond? here momentarily. Senator DODD and I for parties, why not for companies and There is a sufficient second. would like for that vote to occur at 6:15 labor unions? The clerk will call the roll. or 6:30. We will lock it in, in a few mo- Mr. BENNETT. It is my thought, I The legislative clerk called the roll. ments. It is my understanding that say to the Senator from Kentucky, The PRESIDING OFFICER. Are there that will be followed by an amendment that the reason we have not considered any other Senators in the Chamber de- by Senator TORRICELLI. this as an abuse in the past is because siring to vote? Mr. DODD. The idea would be I think there have been other things at which The result was announced—yeas 37, at that point, depending on what lead- we have been looking. But if McCain- nays 63, as follows: ership wants, to lay down the Feingold outlaws those other things, [Rollcall Vote No. 39 Leg.] Torricelli amendment. I gather there is there is no reason to believe that this YEAS—37 some event this evening that people be- lieve they are obligated to attend. The will not become the target of campaign Allard Frist Nickles finance reformers in the years ahead, Bennett Gramm Roberts Torricelli amendment will be laid and we will see at that point their Bond Grassley Santorum down, and we will begin debate on that Brownback Gregg thundering rhetoric about how terrible Sessions in the morning at whatever time the Bunning Hatch Shelby it is. Burns Helms leader wants to come in. We might get Smith (NH) a time agreement in the morning on Today, they have no rhetoric and Campbell Hutchinson Smith (OR) they say it is no problem. Of course, I Craig Hutchison Stevens that. I have several amendments I am Crapo Inhofe Thomas lining up for tomorrow afternoon. So say to the Senator from Kentucky, Domenici Lott Thurmond knowing how he feels, I think the thun- Ensign Lugar we will have a clear flow by tomorrow Voinovich dering rhetoric is overheated as to the Enzi McConnell morning as to the amendments we will problem on the other side, but corrup- Fitzgerald Murkowski be proposing tomorrow during the day. tion becomes ultimately in the eye of NAYS—63 Mr. MURKOWSKI. Mr. President, the beholder. Akaka DeWine Lieberman point of inquiry: Did I understand from Mr. MCCONNELL. I thank the Sen- Allen Dodd Lincoln the floor managers that there would be ator. Baucus Dorgan McCain a vote at 5:30? Bayh Durbin Mikulski Mr. MCCONNELL. No. It is probably Mr. JEFFORDS. If the Senator from Biden Edwards Miller Utah will yield, I had an opportunity Bingaman Feingold Murray at 6:15. Mr. MURKOWSKI. Many of us are to listen to some of his comments Boxer Feinstein Nelson (FL) Breaux Graham Nelson (NE) going to this March of Dimes event to- about the Snowe-Jeffords provisions. Byrd Hagel Reed night. I think it starts at 6. They were amusing, but far from accu- Cantwell Harkin Reid Carnahan Hollings Rockefeller Mr. MCCONNELL. I think many rate. Members are going to that event. Mr. BENNETT. I am happy to be cor- Carper Inouye Sarbanes Chafee Jeffords Schumer Mr. DODD. The March of Dimes rected. Cleland Johnson Snowe event I know is very important. Maybe Mr. JEFFORDS. First of all, there is Clinton Kennedy Specter we can aim for 6 p.m. nothing in Snowe-Jeffords that pro- Cochran Kerry Stabenow Collins Kohl Thompson It will obviously depend on what Sen- hibits or prevents ads to be purchased Conrad Kyl Torricelli ator GORDON SMITH wants to do. in newspapers. There is no problem Corzine Landrieu Warner Mr. MURKOWSKI. I certainly concur there. Daschle Leahy Wellstone with that because many of us have to Dayton Levin Wyden Mr. BENNETT. Is it only television? cook. Mr. JEFFORDS. Television and The amendment was rejected. Mr. DODD. In that case, knowing radio, probably. Mr. DODD. Mr. President, I move to that my colleague from Alaska may be Mr. BENNETT. So by choosing gen- reconsider the vote. doing the cooking, Members may want tlemen who like the print media rather Mr. FEINGOLD. I move to lay that to stay until 10 tonight. than the electronic media—I miss the motion on the table. Mr. MCCONNELL. After listening to point? The motion to lay on the table was the persuasive speech of the junior Mr. JEFFORDS. He misses the point agreed to. Senator from Alaska, I ask unanimous that all that it requires is disclosure. The PRESIDING OFFICER. Who consent that a vote occur at 6 p.m. on We would like to know who it is mak- seeks recognition? or in relation to the Smith amendment ing the ads on television. It is a simple Mr. MCCONNELL. Mr. President, let shortly to be laid down. disclosure provision that says people me say briefly that the vote which just The PRESIDING OFFICER. Is there ought to know, if somebody is making occurred is instructive in that I would objection? accusations, who is doing it. predict that any amendment between Mr. FEINGOLD. Reserving the right Mr. BENNETT. Is there no prohibi- now and the end of the debate that to object, Mr. President, without tion for ads 60 days prior to the elec- might have any adverse effect of any knowing what the subject matter of tion? kind on organized labor is likely to be the amendment is, I object until we are Mr. JEFFORDS. There is no prohibi- defeated. able to determine that. tion 60 days prior to the election. Senator BENNETT can speak for him- Mr. MCCONNELL. Senator SMITH will Mr. BENNETT. I stand corrected. It self, but my understanding of the pur- be here shortly. Hopefully, we can lock was my understanding that there was a pose of that amendment was to point in the vote.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2561 Mr. DODD. In the meantime, Mr. The PRESIDING OFFICER. The same fundraising constraints on both President, if I may, Members who want clerk will report. incumbents and challengers. to be heard on the bill itself should The assistant legislative clerk read This is not new. This is a law that take advantage of the time. I suspect as follows: currently operates in many States. In the Smith amendment will not con- The Senator from Oregon [Mr. SMITH] pro- my own State of Oregon, we have long sume all of the hour and a half. We poses an amendment numbered 118. had just such a law on the books; one urge Members who want to make state- Mr. SMITH of Oregon. Mr. President, that I was proud to stand squarely be- ments on the bill to please come to the I ask unanimous consent reading of the hind as a State legislator. The Oregon floor. amendment be dispensed with. law first enacted in 1974 has been in ef- I see now our colleague from Oregon The PRESIDING OFFICER. Without fect for 27 years and has been integral is here. While he is getting organized, objection, it is so ordered. to ensuring Oregonians’ confidence in let me in response to my friend from The amendment is as follows: the integrity of their political system Kentucky regarding the last amend- (Purpose: To prohibit candidates and Mem- at the State level. ment that it was not just about labor bers of Congress from accepting certain The core tenet and assumption be- unions. contributions while Congress is in session) hind the McCain-Feingold legislation is This last amendment also covered On page 37, between lines 14 and 15, insert that money in politics corrupts elected corporations and membership organiza- the following: officials. Backers of the McCain-Fein- tions, among a few others. The 1974 law SEC. 305. PROHIBITION ON ACCEPTANCE OF CER- gold bill often use catch words and made it very specific. We said that gen- TAIN CONTRIBUTIONS WHILE CON- phrases, such as ‘‘quid pro quo,’’ to sug- eral treasury funds from those organi- GRESS IS IN SESSION. Title III of the Federal Election Campaign gest that money can buy not only leg- zations could be used to establish, ad- Act of 1971 (2 U.S.C. 431 et seq.) is amended islative action but legislators them- ministrate, and solicit contributions to by adding at the end the following: selves. be used for political purposes, such as ‘‘SEC. 324. PROHIBITION ON ACCEPTANCE OF This is not my view. It is my belief communicating only with their re- CERTAIN CONTRIBUTIONS WHILE that the vast majority of the men and stricted class or membership. That CONGRESS IS IN SESSION. women with whom I serve in the public ‘‘(a) IN GENERAL.—During the period de- makes them distinct and different from process and in this body possess the the other organizations which can com- scribed in subsection (b), a candidate seeking nomination for election, or election, to the highest degree of professional and per- municate with the universe. But these Senate or House of Representatives, any au- sonal integrity. However, if the public organizations can only communicate thorized committee of such a candidate, an perceives that campaigns are corrupt, with their members. For that reason, individual who holds such office, or any po- that money talks, then I think we owe the 1974 law specifically wrote into the litical committee directly or indirectly es- it to the public to allay those concerns. law that general treasury funds, if you tablished, financed, maintained, or con- Prohibiting contributions from reg- trolled by such a candidate or individual will, could be used for the purposes of istered lobbyists to candidates and communication. shall not accept a contribution from— ‘‘(1) any individual who, at any time dur- Federal officeholders while Congress is So it was not just about labor unions, in session will go a long way toward it was also about corporations, mem- ing the period beginning on the first day of the calendar year preceding the contribution quelling the perception that we are bership organizations and other such and ending on the date of the contribution, bought and sold. My amendment ad- entities that are confined to commu- was required to be listed as a lobbyist on a dresses the public’s fears directly by nications with their own members. registration or other report filed pursuant to eliminating what they view as the dis- Mr. MCCAIN. Will the Senator yield? the Lobbying Disclosure Act of 1995 (2 U.S.C. ease rather than trying to just treat Mr. DODD. I am happy to yield. 1601 et seq.); the symptoms. Mr. MCCAIN. It is my understanding ‘‘(2) an officer, owner, or senior executive the Senator from Oregon is prepared to of any person that, at any time during the We are not breaking new ground be- go forward with his amendment. It is a period described in paragraph (1), employed cause we will be doing what other pretty simple amendment. It is a fairly or retained an individual described in para- States have done. Oregon is joined by graph (1), in their capacity as a lobbyist; at least 10 other States with laws just straightforward amendment. I think ‘‘(3) a political committee directly or indi- we could get a time agreement, if the like this that prohibit candidates and rectly established, financed, maintained, or officeholders from soliciting or accept- Senator from Kentucky is agreeable, controlled by an individual described in say, for a vote at 6 o’clock. After that paragraph (1) or (2); or ing contributions while their legisla- vote we could lay down another amend- ‘‘(4) a separate segregated fund (described tures are in session ment. So we will be ready to go on in section 316(b)(2)(C)). In 1999, the U.S. Court of Appeals for that, if that is agreeable. ‘‘(b) PERIOD CONGRESS IS IN SESSION.—The the Fourth Circuit, in North Carolina Mr. DODD. That is agreeable. Yes. period described in this subsection is the pe- Right to Life v. Bartlett, upheld the riod— Mr. MCCONNELL. I believe that is constitutionality of North Carolina’s ‘‘(1) beginning on the first day of any ses- acceptable to the Senator from Oregon. law prohibiting lobbyist contributions sion of the body of Congress in which the in- and solicitations while its general as- I, therefore, ask unanimous consent dividual holds office or for which the can- that the time between now and 6 p.m. didate seeks nomination for election or elec- sembly is in session, stating that the be divided in the usual form, and at tion; and law ‘‘serves to prevent corruption and that time the Senate proceed to vote ‘‘(2) ending on the date on which such ses- the appearance of corruption.’’ The on or in relation to the amendment sion adjourns sine die.’’. Fourth Circuit concluded that ‘‘in the about to be sent forward by the Sen- Mr. SMITH of Oregon. Mr. President, end, North Carolina law does nothing ator from Oregon, Mr. SMITH. this amendment is a very simple one more than recognize that lobbyists are The PRESIDING OFFICER. Is there but one that I believe will go a long paid to persuade legislators, not to pur- objection? way toward restoring public confidence chase them.’’ Last month the Supreme Without objection, it is so ordered. in elected leaders and alleviating the Court agreed by denying the petition Mr. MCCONNELL. Therefore, the perception that politicians are be- for review of this very case. next vote will occur at 6 o’clock. holden to special interests. So I am confident that my amend- The PRESIDING OFFICER. Who My amendment simply prohibits Sen- ment will withstand judicial scrutiny. seeks recognition? ate and House candidates from accept- My amendment only restricts a can- Mr. SMITH of Oregon addressed the ing campaign contributions from lob- didate or officeholder from accepting Chair. byists when Congress is in session. contributions at a certain time and The PRESIDING OFFICER. The Sen- The amendment is fair and it is bal- place, not if they can eventually. This ator from Oregon. anced. It applies to both incumbents is no different than time and place reg- AMENDMENT NO. 118 and challengers. Since the danger of ulation of other first amendment Mr. SMITH of Oregon. Mr. President, corruption or the appearance of corrup- issues. I have an amendment that I send to the tion applies with equal force to chal- Furthermore, I think it is important desk and ask for its immediate consid- lengers and incumbents, Congress has to point out that my amendment is eration. ample justification for imposing the narrowly crafted to prohibit candidates

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2562 CONGRESSIONAL RECORD — SENATE March 20, 2001 and officeholders from accepting con- Mr. SMITH of Oregon. I am happy to is my understanding that the Senator tributions from lobbyists and the polit- yield for a question. from Oregon may be in support of non- ical action committees that employ Mr. MCCAIN. Inevitably, I would say severability. I don’t get the logic there. them. to the Senator from Oregon, there is You are clearly supporting an amend- My amendment does not place the going to be a question of constitu- ment that has constitutional questions burden on lobbyists offering contribu- tionality. It is my understanding, from associated with it, and yet at the same tions to candidates but, rather, square- my informed staff, that there was a time you would not understand that ly and more fittingly on the candidate. case in North Carolina that was upheld this bill may have portions of it, par- The onus, therefore, is on the can- but it has never gone any higher than ticularly during the amending process, didate or officeholder, not the lobbyist. that. that the U.S. Supreme Court would In closing, let me emphasize that the Mr. SMITH of Oregon. The Supreme deem unconstitutional, including this touchstone issue is the appearance of Court, I understand, denied certiorari, one which, even if made unconstitu- influence pedaling and corruption and thereby upholding the fourth circuit tional, would not affect the thrust of the role that money plays. If money in decision that allows for this kind of the bill. the system corrupts, then my amend- prohibition of fundraising from special I am hopeful that the Senator from ment lessens its role. Diminishing the interest groups while the North Caro- Oregon will see the logic here—I am role of money is also one of the stated lina legislature is in session. dead serious—because it is going to be goals of the McCain-Feingold bill. But Mr. MCCAIN. What about the fact a big issue, the fact that there should unlike the McCain-Feingold bill, my that you are clearly saying to an indi- be, as there have been in all but 12 bills amendment does so, I believe, in a con- vidual that because you are in a cer- passed by the Congress in the last 10 stitutional way. tain line of work, you are not going to years, a severability clause in this leg- Again, my amendment merely pro- be able to do what other citizens do? islation. hibits House and Senate candidates and How do you respond to that? I would give a lot more credibility to officeholders from accepting political Mr. SMITH of Oregon. I respond to the amendment of the Senator from donations from lobbyists while Con- that by saying that this is not unlike Oregon if he believed, as he has stated, gress is in session. other time-and-place regulation of that there will be constitutional ques- My amendment is evenhanded, it is speech issues. People come to this tions, that this bill should not rise or constitutional, and it addresses the building all the time and would love to fall based on a decision concerning perceived problem that politicians can come in this Chamber and protest from what a lobbyist does because there are be bought and sold, and my amendment the very seats above us. They are not much greater issues at stake. I cer- does so in a way that does not shut allowed to. They are given a place to tainly hope the Senator from Oregon down the entire universe of citizen par- protest but not to disrupt the public’s understands my logic in that argu- ticipation in our political process. work. ment. I hope my colleagues will unani- What I am saying is, this is a time- Mr. SMITH of Oregon. I do under- mously support my amendment, fol- and-place regulation of speech. I admit stand that logic. I would be happy to lowing Oregon’s lead, and that of other that. I am saying it passes the smell include this in any nonseverability States, to restore confidence in the in- test far better than our current sys- amendment that I would propose. As a tegrity of our political system. tem. practical matter, as the Senator Finally, some of my colleagues will Mr. MCCAIN. But the Senator does knows—and I have said this to him and worry that this includes the public admit that there might be some ques- Senator FEINGOLD—I have legitimate generally. It does not. It involves reg- tion of the constitutionality of this questions as to the constitutionality of istered lobbyists, PACs, and all special issue raised. McCain-Feingold. I am not a judge. We interest groups. A citizen can send in a Mr. SMITH of Oregon. Clearly, there get really angry at judges who act as contribution to a candidate. That is will be, but ultimately the issue of con- legislators. We are often acting as a fine. But what is disturbing to people is stitutionality is for the Court across bunch of judges. We have a responsi- the nexus that exists between legis- the street to decide. It does not pro- bility to uphold the Constitution. It is lating in the morning and fundraising hibit them from making a contribution their responsibility to interpret it. at night with the very same industries. later. It just says there is a time to do I don’t know how all this will cut. My This will prohibit that. We will sepa- it and there is a time not to do it. concern about the severability clause rate these two activities and restore I think what disturbs all of us is the or a nonseverability clause, which I some confidence that people are enti- notion of holding a hearing on an in- will be happy to include this in, is that tled to have in their political process. dustry in the morning and then going we will leave our country worse off Some people will say this just isn’t to their fundraiser in the evening. That rather than better off if we say to the possible because the Congress is always is the nexus that is wrong. That is political parties: You can’t have a role in session. There may be an unintended what, I agree with the Senator from any longer in elections, but the folks but beneficial consequence. We may Arizona, we ought to do away with. who will go into the smoke-filled have shorter congressional sessions. We This works in my State. It works in rooms, who are not disclosable to the may get our work done more quickly, your State also. Arizona is one of those American people or accountable to the and we may be able to thereby provide States that has this restriction. It American people, will then be the ones the American people a little less rhet- works. It smells better. It doesn’t vio- who have the power because they will oric, a lot more action, a lot more vot- late constitutional rights, but it does run campaigns about candidates. ing, getting their job done and getting vest us with more of a process of integ- Frankly, I have seen this happen home to be with the folks and ulti- rity. with a campaign finance issue in Or- mately to meet with these interest Mr. MCCAIN. Clearly, Arizona has egon. It was not pretty. It was an ugly groups. If they want to support you, the finest State government of any of situation because the citizen and the fine, but they can’t do it while you are the 50, I am sure the Senator from Or- candidate were disenfranchised by it about the people’s business in making egon would agree. and were the victims, along with de- law. Again, I ask the Senator from Or- mocracy in Oregon, because of a sys- I encourage a unanimous vote, and I egon: There is going to be some ques- tem that would empower those who are ask for the yeas and nays on the tion in people’s minds about the con- nondisclosable and unaccountable to amendment. stitutionality of this amendment; you the American people. They get all the The PRESIDING OFFICER. Is there a would agree? power. sufficient second? Mr. SMITH of Oregon. Absolutely. That is my concern, Senator. That is There appears to be a sufficient sec- Mr. MCCAIN. Therefore, it would why I have believed a nonseverability ond. seem to me that the Senator from Or- clause is important in order that we The yeas and nays were ordered. egon would understand that the whole not leave our country worse off. Mr. MCCAIN. Will the Senator yield issue of severability in this bill would With that, I am telling you and the for a question? then take on increased prominence. It whole world, I am prepared to vote for

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2563 your bill, but I think that that is an es- here is of so fundamental a nature to money contribution as a private cit- sential ingredient, as I have told you our liberty—that is, our speech; our izen, they would be allowed to make privately. I really believe without it we most important speech being our polit- that contribution. But what I am try- will leave our country worse off based ical speech—that I have no doubt this ing to do is stop us spending time, on the experience of my State of Or- would make it to the U.S. Supreme while we are lawmaking, down at the egon. Court because this would fundamen- RSCC and the DSCC, spending hun- Mr. MCCAIN. If the Senator will tally affect the future of our country. dreds, even thousands, of hours raising agree to one more question, I want to Mr. FEINGOLD. One other question: money. get back on the bill. First, I hope we Is the Senator completely opposed to Mr. MCCAIN. Well, if the Senator will be able to convince the Senator the notion of having the entire bill be will yield further, I agree with what he from Oregon that any provision in this severable? is trying to get at. I think that, frank- bill, if passed, would make us better off Mr. SMITH of Oregon. I am prepared ly, also during the campaign of Presi- than we are today—any provision, in- to include the soft money ban to the dent Bush, this was part of his cam- cluding the Senator’s. Any part of it regulation of the outside groups. And if paign finance reform proposal, as I re- that would stand would improve the we want to include this as well, I am member. But I think we have to worry present situation where, indeed, the comfortable with that. about this language because if I am the case exists, and you have heard my ar- Mr. FEINGOLD. The reason I am senior executive of a company or cor- gument about that before. asking this question—the spirit of this poration away from Washington that The amendment talks about reg- amendment is very positive, as I have employs a lobbyist, and I am not al- istered lobbyists, but does it also add indicated. But what I am trying to de- lowed to contribute at that time, that people who are in charge of political termine is whether we would have a could be a very large number of people. action committees and run PACs? Are fair chance to send a bill over to the I wonder if we can work on language there additional individuals covered by Supreme Court where, if for any reason with the Senator from Oregon to this amendment? you were right about the constitu- achieve this goal, without throwing a Mr. SMITH of Oregon. It does not. tionality about this, the rest of the bill pretty wide net here. If I am thinking Mr. MCCAIN. It is simply people who could still stand. Is that something the through this legislation, which I am are registered lobbyists, who have vol- Senator is open to? looking at for the first time—— untarily decided to register as a lob- Mr. SMITH of Oregon. I am open to Mr. SMITH of Oregon. I am happy to byist under the law. discussing it with the Senators. work with the Senator on an amend- Mr. SMITH of Oregon. That is cor- Mr. FEINGOLD. One other question. ment to this amendment. I am not rect. I want to follow up on the scope of this locked down. It is offered in the spirit Mr. MCCAIN. I thank the Senator amendment. I have the amendment in of my experience as an Oregonian. I be- from Oregon. I have enjoyed this lieve Wisconsin and Arizona have simi- chance to pose questions to him. I ap- front of me. Under section 324, there are several different paragraphs relat- lar laws. It works. It will be more dif- preciate the courtesy of his response ficult for Congress, but it ought to be and look forward to working with him ing to who is covered. It refers to ‘‘any individual who, at any time during the done in Congress. on this legislation. Mr. FEINGOLD. If the Senator will period beginning on the first day of the Mr. SMITH of Oregon. I thank the yield for a further question, I will tell calendar year preceding the contribu- Senator also. you one thing: This certainly will tion and ending on the date of the con- Mr. FEINGOLD. Will the Senator shorten legislative sessions, which is a tribution, was required to be listed as a yield for a question? wonderful aspect, as the Senator from lobbyist. . . .’’ Mr. SMITH of Oregon. I am happy to Nevada pointed out. Under sub (4), it Under section (2), it refers to ‘‘an of- yield to the Senator from Wisconsin. refers to a separate segregated fund. I Mr. FEINGOLD. First of all, I appre- ficer, owner, or senior executive of any am advised that this basically would ciate the spirit of the amendment. Our person that, at any time during the pe- include political action committees. riod described in paragraph (1). . .’’ is a two States, Oregon and Wisconsin, are Mr. SMITH of Oregon. That is cor- lobbyist. very similar in our pride and our re- rect. form history. Obviously, this amend- And then in (3), it says, ‘‘a political Mr. FEINGOLD. Is it the Senator’s ment is offered in that spirit. I appre- committee directly or indirectly estab- intention to prohibit the lobbyist from ciate that. lished, financed, maintained, or con- giving individual contributions, but My questions are similar to those of trolled by an individual . . .’’ also PACs during this period? the Senator from Arizona, but I believe And finally, (4), a separate segregated Mr. SMITH of Oregon. That is cor- the Senator from Oregon indicated he fund. rect, during a legislative session. When would consider a severability provision I ask the Senator how he can say it we gavel the session in, you can’t do it with regard to this amendment. only refers to registered lobbyists when until you gavel sine die. If the world of Mr. SMITH of Oregon. I have so much it has three other categories of people special interests wants to evaluate confidence in its constitutionality listed in the face of the amendment. what they think of your performance based on its judicial history already, I Mr. SMITH of Oregon. This is refer- and help you in your election, fine. We would be happy to include it in a sever- ring to a registered lobbyist or those are segregating the function of law- ability clause because I think every- who employ them. making and moneymaking. I think Mr. FEINGOLD. What about a polit- thing we are doing here has a reason- that goes a long way to fixing what you ical committee? able constitutional question. We ought think and feel, rightfully, is broken in Mr. SMITH of Oregon. If they employ to ask the Supreme Court to rule on it. this country. This could be among them in terms of them, they are covered by this amend- Mr. FEINGOLD. Does the Senator be- any nonseverability, as far as I am con- ment. lieve it could be unconstitutional to cerned. Mr. MCCAIN. If the Senator will prohibit PAC contributions? Mr. FEINGOLD. I was interested in yield for a question, it counts not only Mr. SMITH of Oregon. I don’t believe the Senator’s remark that we shouldn’t registered lobbyists, but it is a person so. It doesn’t prohibit them. It regu- act as judges here; we should act as who employs that lobbyist as well. In lates them in terms of time and place. legislators. I agree. I ask the Senator if other words, I am the CEO of a com- Mr. FEINGOLD. I suggest that the ef- he is aware of how infrequently legisla- pany back in Arizona, or I am a presi- fect of this is to unconstitutionally tures, in particular the U.S. Congress, dent of a union back in Arizona, and I prohibit PAC contributions, and I have actually had a nonseverability am not allowed to contribute while would be concerned about that. provision. Does the Senator realize Congress is in session because I have Mr. MCCAIN. Mr. President, I suggest that it is incredibly rare, something employed that lobbyist? the absence of a quorum. that is rather unlikely for legislators Mr. SMITH of Oregon. Under that The PRESIDING OFFICER. The Sen- to do? guide, that is correct. However, if you ator from Oregon has the floor. Mr. SMITH of Oregon. I am aware of sent that person a solicitation in the Mr. REID. Will the Senator yield for that, but I think what we are debating mail asking for a maximum hard a question?

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2564 CONGRESSIONAL RECORD — SENATE March 20, 2001 Mr. SMITH of Oregon. Yes. have an advantage by being a Member amendment in order to impinge on the Mr. REID. There is nobody in this of Congress. You probably have a large admitted free speech rights of a poten- body for whom I have more respect. campaign war chest already carried tial contributor? Would this amendment not give a tre- over from your last campaign, if you I take it the Senator thinks we would mendous advantage to wealthy people are a safe incumbent. So these are just be doing enough to help the system, to who are members of the national legis- the facts of life. I don’t know how I can help the Nation by placing these kinds lature? make it perfect, but I know this of limitations on people to overcome Mr. SMITH of Oregon. I don’t believe amendment makes it better. an impingement on their first amend- it would. They can give a hard money Mr. THOMPSON. If the Senator will ment rights. Does my colleague agree contribution of $1,000 per campaign. yield, the Senator is doing an excellent that is the issue with which we are Mr. REID. No. What I am saying is, if job taking on these questions from all dealing? you are a Member of Congress, would corners. But it is a very interesting Mr. SMITH of Oregon. I agree with you not have an advantage over every- amendment. I think my own State of the Senator. Let me read the exact one else if you were rich because it Tennessee has a similar amendment. I wording of the Fourth Circuit’s re- would limit so much of the time for think what happens is anybody comes sponse to that very question. people to do the fundraising? to town a couple days sooner to collect A unanimous Fourth Circuit found Mr. SMITH of Oregon. There is no the money. the restriction was narrowly tailored question but that this amendment will Other than that, my concern, as we and served the compelling interest. do more to drive money out of politics consider these amendments, has to do The restrictions are limited to lobbyists than anything that has been proposed with constitutionality issues. I want to and the political committees that employ yet. There is no question about that. make a couple comments and then ask them, the two most ubiquitous and powerful But we have just passed an amendment a question. Obviously, none of us is players in the political arena. that doesn’t give a perfect playing field going to be able to tell what is con- They found the restrictions cover to the challenger against the multi- stitutional or not. But if we have a only that period during which the risk millionaire, but it gives them a better nonseverability clause—and we don’t of an actual quid pro quo or the appear- playing field than we have had before. know whether or not we will—after we ance of one runs the highest risk. Mr. REID. My friend has not an- have a vote, any amendments that turn Again, it is a time-and-place regula- swered the question. Would this not out to be not constitutional bring the tion. I suspect people in North Caro- give an advantage to a Member of Con- whole bill down. Some people think lina, just as the people of Oregon, have gress who is rich, because during the that is good. I think we will wind up a lot more confidence in hearings going period of time that Congress is in ses- with a hard money increase, which I on in the morning and know there is sion, basically, there would be a tre- think is good, and doing something not a fundraiser going on in the mendous inability to raise money, about soft money, which I think is evening. whereas if somebody finances their own good. So I think that would be a bad Mr. THOMPSON. I say to my col- campaign, it doesn’t matter to them? result if that happened. league, that does carry a certain Mr. SMITH of Oregon. I would con- Personally, I think this so-called amount of logic to it, but we all know cede the point. But I would simply say millionaire amendment we just passed that some of these bills carry on for a that what this does is prohibit the is of very doubtful constitutionality. long period of time, and these big challenger or the Member of Congress That is the reason I voted against it. I issues where people are greatly inter- from being involved in this. I think it don’t see how you make the kinds of ested and their businesses are greatly is a heavy restriction, but I think it is distinctions that that amendment affected sometimes go on for a period the right restriction, and I think if we made when you have free speech pro- of years and we have fundraisers inter- can go to this kind of a standard, it is tection with regard to his spending his spersed with them. going to look better to the American own money, how you then favor one I do not know that I agree the great- people and, frankly, it is going to drive over the other, and what you do about est danger has to do with the time a lot of money out of politics and clean the person who wants to make a con- proximity of the contribution, but I up our day by making us spend time tribution, and he can give up to, say, ask my friend if the rest of his bill lawmaking instead of fundraising. And $5,000 to candidate X, but to candidate tracks what they were doing in that at the end of the day, if somebody Y he can only give $1,000. Fourth Circuit situation in terms of wants to spend their own money, they We already have an amendment that the people involved, in terms of the are going to have to comply with the has been adopted with questions about places limited, in terms of the time re- law or the amendment we just passed, its constitutionality. striction? and it will equalize it somewhat. With regard to your amendment, my Mr. SMITH of Oregon. We have tai- Mr. REID. One more question. While question is this: Will the issue not be lored this amendment after the North the Senator’s amendment bans con- resolved on the basis of whether or not Carolina one in order to make sure it tributions during the time we have there is a compelling State interest? It passes judicial muster. I believe it talked about, it doesn’t ban solicita- seems to me that is the question, and if does. I am willing to put it as part of a tions during that time; is that right? that is the question, if that is the nonseverability clause. Mr. SMITH of Oregon. It does. issue, then I look at it to see whether I say to the Senator, my concern Mr. REID. It does ban solicitations? or not what we are doing is of suffi- about the absence of nonseverability is Mr. SMITH of Oregon. It bans accept- cient compelling State interest to not to every component of this bill. It ing them. overcome the first amendment prob- is the banning of soft money, whereas I Mr. REID. It would not ban solicita- lems. would limit it, as the Hagel proposal. It tions. You could go to the NRA, or Obviously, we are impinging on the is the banning of soft money if you do whoever gives money, and you could first amendment. The Supreme Court not also include these outside groups. ask them for money at that time, and has said in some cases we can impinge The Senator knows firsthand, I am they would have to give it to you at a on the first amendment. That is what sure, as a Republican, when it comes subsequent time when we were out of we are doing when we put hard money time that you are under attack, you session? limits on people. We impinge on the have some very powerful and effective Mr. SMITH of Oregon. It doesn’t pro- first amendment, but the Supreme groups against you. You have the Si- hibit that. I don’t know how to pro- Court says there is a compelling inter- erra Club; you have the trial lawyers; hibit that constitutionally, but I do est to doing that, and that is the ap- you have labor unions, and on and on. know how to constitutionally prohibit pearance of corruption. They are very good at what they do. the time and place in which these ac- The question is, it seems to me, are They hit and they run and are account- tivities are engaged. But the Senator, we doing enough? Is there sufficient, able to no one. They do not even have in his earlier point, said: What does compelling State interest for us to do to tell the truth. But the only rescue this mean to a Member of Congress? this? Is it really helping the system for a Republican is the Republican Sen- You don’t have to be a millionaire to that much in this time-place-manner ate Campaign Committee.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2565 Just in fairness, if you are going to The PRESIDING OFFICER (Mr. BEN- question is whether or not there is a empower such groups, if you are not NETT). Without objection, it is so or- sufficient governmental interest. going to include them, then, frankly, I dered. The case that was cited from the think we do great damage. To Demo- Mr. MCCAIN. Mr. President, I realize Fourth Circuit—and that case was in crats who may say this is to our advan- there is a time constraint here because, North Carolina—pointed out that it tage, let me say what will happen. under the UC, we have a vote at 6 only covered a narrow area and that The day this is enacted and soft o’clock. We have been trying to work the Legislature of North Carolina only money is banned and held constitu- out an agreement on this amendment. met for a few months out of the year. tional, every Republican dollar flowing We have been unable to do so. We will This body sometimes meets the en- to that Senate committee is going to go ahead and have the vote at 6. I will tire year. There is no way a person find its way immediately into a Repub- make a tabling motion, but I am com- could raise any money at any time dur- lican Sierra Club, and all of this will mitted to working with Senator SMITH ing the year under those cir- not be disclosable, it will not be ac- to see if there is a way that we can cumstances. Clearly, the Fourth Cir- countable, and we will have dumbed work it out to his and everyone’s satis- cuit is not authority for the constitu- down America’s democracy. faction. It is overly broad in its lan- tionality of this bill. It might be That is the point I am trying to guage at this time, but we have not wrong. The Fourth Circuit might be in- make. That is why those two compo- been able to reach a conclusion. correct in its analysis that it should be nents, soft money versus regulating I regret that because I agree with narrowly tailored. But that causes me outside groups, have to be tied to- Senator SMITH’s intent, and I think he a great deal of concern and difficulty. gether if we are to make our country is trying to do something that would As well meaning as this amendment is, better instead of worse. cure a very bad perception that per- and in many ways as much as I would Mr. REID. Will the Senator yield for sists in Washington. like to see it, it causes me great con- a question? I yield the floor. cern to vote for an amendment with Mr. SMITH of Oregon. I will be happy The PRESIDING OFFICER. The Sen- what I believe raises pretty serious to yield. ator from Oregon is out of time. constitutionality questions. Mr. REID. The Senator said there Mr. DODD. Mr. President, how much Mr. DODD. Mr. President, I yield 5 would not be fundraisers held. There time do I have? minutes to my colleague from Wis- would be nothing wrong. You could The PRESIDING OFFICER. The Sen- consin. Mr. FEINGOLD. Mr. President, it is have fundraisers and solicit the money. ator from Connecticut controls the re- not pleasant to oppose this amend- You just could not collect it; is that mainder of the time, 16 minutes 40 sec- ment. The Senator from Oregon is a right? onds. wonderful Senator. We have worked to- Mr. SMITH of Oregon. If you wanted Mr. DODD. I am glad to yield to my gether on a lot of issues, in the Foreign to tighten up the bill even more on colleague for a couple minutes. Relations Committee, the Budget Com- that account, I would be happy with an Mr. SMITH of Oregon. That would be mittee, and the like. We do share a amendment you might offer to that ef- all I would need. great progressive tradition in our two fect. I am trying to go as far as I can The PRESIDING OFFICER. The Sen- States of Wisconsin and Oregon. That ator from Oregon. constitutionally and say there can be is the spirit of this amendment. Mr. SMITH of Oregon. I thank Sen- no exchange of cash when you are in a I have to agree with the distin- ator DODD. I know this is not easy. I legislative session because it does not guished Senator from Tennessee. This look good. It does not smell good. We know Congress meets for a long time. I does raise some real questions because ought to change it, and a lot of States know State legislatures are different it doesn’t apply to State legislatures. are cleaning up their State govern- just in terms of time. In every other re- It applies to this Congress. It may ments with this very kind of law. We spect, this law is as valid here as it is make sense for State legislatures that should do no less in this Congress. other places, in my view. If we are wor- convene for a few months every year, Mr. REID. I appreciate the point. I ried about appearance, if we want to but it doesn’t make sense for this Con- wanted to make sure the record re- move soft money, if we want to move gress. In the year 2000, this Congress flected, in response to a question from money out of politics, nothing will do went into session in January and, as we the Senator from Tennessee, that there that better than this amendment. painfully remember, did not adjourn would not be any fundraisers. There Nothing will shorten congressional ses- until December. There was even a pos- may not be as many, but certainly you sions more than this amendment. sibility that we were going to go up to could have as many fundraisers as you In my opinion, we ought to vote on New Year’s Eve. So it is not realistic to wanted and solicit the money at the it. We ought to pass it. I will pledge my have this kind of limitation that we fundraisers. You just could not collect best efforts to work with Senator have in States such as Wisconsin and the money that night or that day. MCCAIN to get it in a shape that wins Oregon at the Federal level. Mr. SMITH of Oregon. I guess my his support as well. It is consistent The cost of campaigns is regrettably question is, Would the Senator like to with the spirit of McCain-Feingold. high. Obviously, future reforms should amend the amendment to include the I thank my colleague for the time. address this problem. As has been said prohibition of these kinds of solicita- Mr. DODD. Mr. President, I am happy by other speakers, this amendment is tions? to yield 4 minutes to my colleague overly broad in its attempt to prohibit Mr. REID. Of course, we cannot from Tennessee. congressional candidates from accept- amend anything the way the unani- Mr. THOMPSON. I thank the Sen- ing contributions while the Congress is mous consent agreement is in place. I ator. in session from all the following indi- think the Senator from Arizona wishes Mr. President, following up on my viduals or entities. It is not just reg- to discuss possible amendments with earlier comments, I am concerned istered lobbyists, as some thought the Senator, and that would be some- about this amendment because I fear it when the amendment was first de- thing. may very well be unconstitutional. If scribed. It is much more than that. It Mr. SMITH of Oregon. Would it be one of these amendments is unconsti- is registered lobbyists that are af- appropriate to call for a quorum call to tutional and the reform side does not fected, PACs, senior executives, offi- work it out? win on the severability issue, the whole cers, or owners of any organization Mr. President, I suggest the absence thing falls. Obviously, the question of that employed or retained a registered of a quorum. constitutionality is always important, lobbyist during a calendar year pre- The PRESIDING OFFICER. The but it is even more important now. ceding the contribution. clerk will call the roll. My concern is this: We have to clear- It would prohibit not just contribu- The legislative clerk proceeded to ly have a compelling governmental in- tions from lobbyists but, as the Sen- call the roll. terest to override the first amendment ator from Arizona has pointed out, con- Mr. MCCAIN. Mr. President, I ask rights of people to give money to can- tributions from executives of any com- unanimous consent that the order for didates. They clearly have that right pany that employs a lobbyist—the ex- the quorum call be rescinded. here. We are clearly overriding it. The ecutives of General Motors, of Federal

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2566 CONGRESSIONAL RECORD — SENATE March 20, 2001 Express, and every other company. It gether, and I enjoy working with him for an opportunity when a modified would prohibit all union and corporate on numerous issues. There has been a version may come back. I thank our PACs from contributing basically al- lot described as to why the amendment colleague for raising the subject mat- most all year-round because, as I point- is troublesome. There is one element ter. I urge rejection of the amendment. ed out, we are in session so much of the not included in the language that I find I don’t know if any more time is year. appealing, and the public might be at- being sought. We can yield back the I am afraid this amendment also tracted to the fact that this may have time left. I think our colleague from gives a huge advantage to wealthy in- the net effect of abbreviating sessions Arizona may want to make an appro- cumbents or any incumbents who have of Congress. That may have some ap- priate motion. We are prepared to yield a substantial war chest. Under the peal to a certain number of Americans. back time on our side. Smith amendment, while challengers If you can only fundraise when Con- Mr. MCCAIN. Would the Senator are unable to raise funds from those gress is not in session, we might be yield me 1 minute? listed above throughout this very ex- through with business in April or May. Mr. DODD. I am happy to yield. tensive time period in a year, the in- Seriously—I am not being facetious in Mr. MCCAIN. I say to Senator GOR- cumbents who have a lot of resources those comments—this is a provision DON SMITH what I said to him before. would be able to rely on their existing that concerned me a little bit. It goes We have our staffs working. I believe I war chests or personal wealth. That back to the debate we had earlier in will be able to table this amendment, concerns me as well. the day about the nonincumbent. I un- but if not, he wins. If it is tabled, we Finally, as the Senator from Ten- derstand the effort may be to modify want to work together with him. It is nessee has focused on, there is a seri- this amendment and bring it back at a the unseemly appearances the Amer- ous question of the constitutionality of later time as a modified amendment. ican people don’t like. We ought to try this amendment. This is one of the rea- But it also affects the nonincumbent. to fix it. I think there should be both sons I asked the Senator from Oregon As I understand the last provision of time and effort in the consideration of at the beginning about whether this af- the bill, ‘‘beginning on the first day of this legislation to narrow this amend- fected PACs. He conceded that banning any session of the body of Congress to ment so it does meet constitutional PAC contributions does raise constitu- which the individual holds office, or for concerns expressed by Senator THOMP- tional questions. It calls into question which the candidate seeks nomination SON and others. the whole bill. for election or election,’’ and it could I thank Senator SMITH not only for Of course, if the Senator from Or- be, of course, that someone in a larger his involvement in this issue but in the egon, as we proceed with this bill, is State would begin to challenge one of entire issue of campaign finance re- willing to work with us on making sure us as incumbents 2 or 3 years out, form. I know he comes from a State this entire bill is severable so that each which is not uncommon today in larger where there is a lot of interest in this provision can stand on its own and the States, and if we are in session in those issue, as there is in mine—the ‘‘clean Court can determine each one, that years, obviously, a challenger who campaign’’ State referendum. I think could be a different story with regard wants to be heard, where you have a he is representing his constituents to that argument, but that is the kind State such as California, or Texas, or when he is heavily involved in this of discussion we need to have. Illinois, or New York, you may want to issue. I look forward to working with I want him to know I am eager to begin that process earlier and they him not only on this one, but as we ap- have those discussions. I appreciate his would be restrained from raising any proach some of the more important attitude toward reform, and I hope money if this amendment were adopted issues in the coming days. I thank him that in the end perhaps we can work as presently crafted. for his efforts. something out relating to this, but So I, too, respect immensely my col- Mr. President, if it is an appropriate even more importantly, he can be part league’s motivations. We talked over time, I move to table the Smith of our efforts. In light of these con- the last 2 days about the fact that amendment, and I ask for the yeas and cerns, I will urge that all those sup- under present circumstances in an av- nays. porting the McCain-Feingold bill erage Senate race of $6 or $7 million— The PRESIDING OFFICER. Is there a should oppose the Smith amendment. that is what an individual has to raise sufficient second? Mr. DODD. Mr. President, I don’t in a contested race—a Member would There is a sufficient second. know if others want to be heard on literally have to raise thousands of dol- The question is on agreeing to the this. If my colleague would like to lars every day, 7 days a week, 52 weeks motion to table the amendment. rebut, I will be willing to yield some a year, for the entire 6-year term. The clerk will call the roll. time to him. Somebody pointed out that in the The assistant legislative clerk called Mr. SMITH of Oregon. I thank the State of California that number is the roll. Senator from Connecticut. I recommit more like $10,000 a day every day when Mr. REID. I announce that the Sen- to work with Senator MCCAIN and Sen- you start talking about $20 million or ator from South Dakota (Mr. DASCHLE) ator FEINGOLD and see if we can narrow $30 million. Obviously, for any Member is necessarily absent. this down. We worked on this a long of this body who is raising $10,000 a day The PRESIDING OFFICER. Are there time. It is hard to do. We are intruding every day for 6 years, there is a portion any other Senators in the Chamber de- upon speech, there is no question about of your responsibilities, to put it mild- siring to vote? it. The question is whether this is a ly, as a Member of this body that is The result was announced—yeas 74, permissible time-and-place regulation suffering. nays 25, as follows: and is there a legitimate State inter- It goes to the very heart of what Sen- [Rollcall Vote No. 40 Leg.] est. Absolutely, because you are sepa- ators MCCAIN and FEINGOLD are trying rating the fundraising from law- to achieve in this legislation. I don’t YEAS—74 making. That not only will drive subscribe to the notion that it is an in- Akaka Cochran Hagel Allard Conrad Harkin money out of politics, it will help us to evitability that campaigns should in- Allen Corzine Hatch focus more on lawmaking and less on crease in cost exponentially as they Baucus Craig Hollings fundraising. have been. I think you can put on the Bayh Crapo Inouye Bennett Dayton Jeffords There is a time and a season for ev- C AIN brakes. And what Senators M C and Biden DeWine Johnson erything. That season is after we do FEINGOLD are doing is trying to put the Bingaman Dodd Kennedy our business. Everybody can have their brakes on a bit in the area of soft Bond Dorgan Kerry say and make their contribution. You money. Our colleague from Oregon is Boxer Durbin Kohl Breaux Enzi Kyl just can’t do it when we are doing the also trying to put on some brakes, and Byrd Feingold Landrieu people’s business. I respect that. Cantwell Feinstein Leahy Mr. DODD. Mr. President, if I may, I For the reasons articulated by Sen- Carnahan Fitzgerald Levin will take a couple minutes to conclude. ators MCCAIN, FEINGOLD, THOMPSON of Carper Frist Lieberman Chafee Graham Lincoln I have great respect for my friend from Tennessee, and others, I reluctantly Cleland Gramm Lott Oregon. We serve on committees to- oppose this amendment, and I will look Clinton Grassley McCain

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2567 Mikulski Reid Stabenow Mr. TORRICELLI. I ask unanimous ‘‘(A) At least 6 of the top 50 largest des- Miller Roberts Thomas consent the reading of the amendment ignated market areas (as defined in section Murray Rockefeller Thompson 122(j)(2)(C) of title 17, United States Code). Nelson (FL) Sarbanes be dispensed with. Torricelli ‘‘(B) At least 3 of the 51–100 largest des- Nelson (NE) Schumer The PRESIDING OFFICER. Without Voinovich ignated market areas (as so defined). Nickles Shelby Wellstone objection, it is so ordered. Reed Specter ‘‘(C) At least 3 of the 101–150 largest des- The amendment is as follows: ignated market areas (as so defined). NAYS—25 (Purpose: To amend the Communications ‘‘(D) At least 3 of the 151–210 largest des- Brownback Helms Smith (NH) Act of 1934 to require television broadcast ignated market areas (as so defined). Bunning Hutchinson Smith (OR) stations, and providers of cable or satellite ‘‘(3) BROADCAST STATIONS.—Each random Burns Hutchison Snowe television service, to provide lowest unit audit shall include each of the 3 largest tele- Campbell Inhofe Stevens rate to committees of political parties pur- vision broadcast networks, 1 independent Collins Lugar Thurmond chasing time on behalf of candidates) network, and 1 cable network.’’. Domenici McConnell Warner On page 37, between lines 14 and 15, insert EFINITION OF ROADCASTING TATION Edwards Murkowski Wyden (e) D B S .— Ensign Santorum the following: Subsection (f) of section 315 of such Act (47 Gregg Sessions SEC. 305. TELEVISION MEDIA RATES. U.S.C. 315(f)), as redesignated by subsection NOT VOTING—1 (a) LOWEST UNIT CHARGE.—Subsection (b) (c)(1) of this section, is amended by inserting of section 315 of the Communications Act of ‘‘, a television broadcast station, and a pro- Daschle 1934 (47 U.S.C. 315) is amended— vider of cable or satellite television service’’ The motion was agreed to. (1) by striking ‘‘(b) The charges’’ and in- before the semicolon. Mr. SMITH of Oregon. I move to re- serting the following: (f) STYLISTIC AMENDMENTS.—Section 315 of consider the vote and I move to lay ‘‘(b) CHARGES.— such Act (47 U.S.C. 315) is amended— that motion on the table. ‘‘(1) IN GENERAL.—Except as provided in (1) in subsection (a), by inserting ‘‘IN GEN- The motion to lay on the table was paragraph (2), the charges’’; ERAL.—’’ before ‘‘If any’’; agreed to. (2) by redesignating paragraphs (1) and (2) (2) in subsection (f), as redesignated by as subparagraphs (A) and (B), respectively; The PRESIDING OFFICER (Mr. subsection (c)(1) of this section, by inserting and ‘‘DEFINITIONS.—’’ before ‘‘For purposes’’; and VOINOVICH). The Senator from Con- (3) by adding at the end the following: (3) in subsection (g), as so redesignated, by necticut. ‘‘(2) TELEVISION.—The charges made for the inserting ‘‘REGULATIONS.—’’ before ‘‘The Mr. DODD. Mr. President, as I under- use of any television broadcast station, or a Commission’’. stand it now there will be no more provider of cable or satellite television serv- Mr. TORRICELLI. Mr. President, to- ice, by any person who is a legally qualified votes today. The intention is to lay morrow I will join my colleagues, Sen- down an amendment to be offered by candidate for any public office in connection ators DURBIN, CORZINE and DORGAN, to my colleague from New Jersey, and with the campaign of such candidate for nomination for election, or election, to such support an amendment designed to re- that debate tomorrow will begin at office shall not exceed the lowest charge of duce broadcast rates for political can- whatever time the majority leader the station (at any time during the 365-day didates and parties. This will be dis- brings us into session. Hopefully, we period preceding the date of the use) for the cussed at length tomorrow. For this might even complete the debate in less same amount of time for the same period.’’. evening’s purposes, it is probably best (b) RATE AVAILABLE FOR NATIONAL PAR- than 3 hours. to introduce the amendment with the I ask my colleague from New Jersey TIES.—Section 315(b)(2) of such Act (47 U.S.C. words of David Broder today in the if that were possible. In which case, the 315(b)(2)), as added by subsection (a), is Washington Post who writes the cur- very latest would be somewhere around amended by inserting ‘‘, or by a national committee of a political party on behalf of rent campaign finance debate: 12:30, if we follow today’s pattern at such candidate in connection with such cam- all. After that, I understand our col- . . .focuses too much on the people who paign,’’ after ‘‘such office’’. write the checks. It’s time to question, as league from Mississippi has an amend- (c) PREEMPTION.—Section 315 of such Act well, where the money goes. ment, and after that I think Senator (47 U.S.C. 315) is amended— There remains no greater factor in KERRY of Massachusetts has an amend- (1) by redesignating subsections (c) and (d) the astronomical expense in political ment, as do Senator WYDEN and Sen- as subsections (f) and (g), respectively; and (2) by inserting after subsection (c) the fol- campaigns than the rising cost of tele- ator WELLSTONE. We have not worked lowing new subsection: vised political advertising. Nearly $1 that out yet, but it will be one of those ‘‘(d) PREEMPTION.— billion was spent on political adver- three amendments to be offered. ‘‘(1) IN GENERAL.—Except as provided in tising in the 2000 Federal campaign, a Mr. MCCONNELL. I say to my friend paragraph (2), a licensee shall not preempt 76 percent increase since 1996. As de- from Connecticut, since Senator COCH- the use of a television broadcast station, or mand for advertising time rose, adver- RAN is aligned with your side on this a provider of cable or satellite television issue, we may want to talk about who service, by an eligible candidate or political tising rates have risen as well. In Philadelphia and in New York comes after Senator TORRICELLI. committee of a political party who has pur- Mr. DODD. OK. chased and paid for such use pursuant to sub- City, the cost of some political ads in- section (b)(2). Mr. MCCONNELL. We will discuss creased 50 percent between Labor Day ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI- that and get the lineup set. and Election Day. Political candidates CENSEE.—If a program to be broadcast by a were held hostage by the calendar and I have been told the majority leader television broadcast station, or a provider of would like us to come in at 9:30, so we the television networks took full ad- cable or satellite television service, is pre- vantage. By law, candidates are sup- can anticipate a vote on the Torricelli empted because of circumstances beyond the amendment at 12:30 or before, depend- control of the station, any candidate or posed to pay the lowest unit rate for a ing on what time is yielded back. party advertising spot scheduled to be broad- station’s most favored commercial ad- Mr. DODD. I yield whatever time the cast during that program may also be pre- vertisers. Senator from New Jersey would care to empted.’’. That is the law. take for the purpose of introducing his (d) RANDOM AUDITS.—Section 315 of such The problem is that to ensure their Act (47 U.S.C. 315), as amended by subsection advertisements do not get displaced, amendment. (d), is amended by inserting after subsection The PRESIDING OFFICER. The Sen- candidates often end up paying the (d) the following new subsection: highest rates available. ator from New Jersey. ‘‘(e) RANDOM AUDITS.— AMENDMENT NO. 122 ‘‘(1) IN GENERAL.—During the 45-day period This Congress had an intent, and it Mr. TORRICELLI. Mr. President, I preceding a primary election and the 60-day wrote a law that Members of the Con- have an amendment at the desk. I ask period preceding a general election, the Com- gress have available the lowest unit for its immediate consideration. mission shall conduct random audits of des- rate available by station. But it isn’t The PRESIDING OFFICER. The ignated market areas to ensure that each happening. That is the purpose of this television broadcast station, and provider of amendment. clerk will report. cable or satellite television service, in those The assistant legislative clerk read In Detroit, 88 percent of the adver- markets is allocating television broadcast tisements at one television station as follows: advertising time in accordance with this sec- The Senator from New Jersey [Mr. tion and section 312. were sold above the lowest rate. In TORRICELLI] for himself, Mr. DURBIN, Mr. ‘‘(2) MARKETS.—The random audits con- Minneapolis, 95 percent of all the ad- CORZINE, and Mr. DORGAN, proposes an ducted under paragraph (1) shall cover the vertising sold was above that minimum amendment numbered 122. following markets: rate. The lowest unit rate has become

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2568 CONGRESSIONAL RECORD — SENATE March 20, 2001 a fiction. Political candidates are com- to reduce the amount of money that is time so we would make sure we had the peting with General Motors, Procter & available as part of the effort to per- slots and our message would get to the Gamble, Ford, and the greatest adver- form, reduce the amount of political people to whom we wanted to get. tisers in the Nation. We are in a bid- money in this system in order to en- Mr. TORRICELLI. If I could inter- ding war against commercial interests sure the integrity of our Government rupt the Senator, on tomorrow we will in order to communicate public policy and increase public confidence, and if present to the Senate correspondence issues with the American people. we are to reduce these expenditures illustrating exactly the phenomenon to There is no greater hypocrisy in our without reducing the cost of adver- which the Senator from Nevada was time than the television networks that tising, there is only one possible result: speaking. Political candidates will have maintained the need for a change Less campaign fundraising will result place an ad for $20,000 in compliance of a campaign finance system at the in less communication, less informed with Federal law at the lowest unit same time they are increasing rates voters, and candidates unable to bring rate, and the television station will during the fall campaigns and gouging their message to the people. write back and say: You have an adver- political candidates for more and more There is only one way to avoid this tisement placed at $20,000, and you money. Indeed, political advertising is eventuality: Reduce the amount of should know there is a commercial now the third greatest source of rev- campaign money by reducing campaign buyer for that time. If you do not send enue for the television networks behind costs. That is at the heart of the us another $20,000, you will lose the retailers and the automobile compa- Torricelli - Corzine - Dorgan - Durbin slot. We will move your ad where we nies. amendment. intend to move it, which means the The Torricelli-Durbin-Corzine I will return tomorrow morning with middle of the night. amendment prevents broadcasters from my colleagues. We will present our case In fact, they take a candidate’s time gouging candidates and parties into at length and I think make a real and trying to communicate to the Amer- paying the highest rates for fixed time lasting contribution to the fight for re- ican people in accordance with Federal by: form. law at the lowest unit rate, and then One, requiring stations to charge I yield the floor and suggest the ab- you get into a bidding war with the candidates and parties the lowest rate sence of a quorum. commercial interests because the sta- available throughout the year; The PRESIDING OFFICER. The tion is trying to take advantage of the Two, ensuring that candidates and clerk will call the roll. time. They know you advertise in Oc- party ads are not bumped by other ad- The senior assistant bill clerk pro- tober and September. vertisers willing to pay more for the ceeded to call the roll. Tomorrow we are going to have a time in the bidding war in which we Mr. TORRICELLI. Mr. President, I complete example of what the Senator are now engaged with commercial par- ask unanimous consent that the order is discussing. ties; for the quorum call be rescinded. Mr. ENSIGN. If the Senator will Three, requiring the FCC to conduct The PRESIDING OFFICER. Without yield again, my personal experience random checks during the preelection objection, it is so ordered. with this has gone on. We just had the period to ensure compliance with the Mr. TORRICELLI. Mr. President, I broadcasters from Neveda in our office law. yield to Senator ENSIGN of Nevada. last week. I don’t blame them for want- Candidates in markets of all sizes The PRESIDING OFFICER. The Sen- ing to make a profit. That is their busi- would benefit. A candidate in Alabama ator from Nevada is recognized. ness. I don’t blame them at all. But we could save at least 400 percent on one Mr. ENSIGN. Mr. President, I have have to spend a lot more time and ef- station alone. We have calculated that been in four very tough campaigns in fort raising money. And this drives up a candidate in Los Angeles could save the last 8 years. I have a lot of experi- the cost of all of our campaigns simply 75 percent at one station by having this ence buying television time. Being a because of what has happened in the lower rate available. small State, the State of Nevada, in last few election cycles. This phe- This amendment does not require which we only have two media mar- nomenon we are seeing has really hap- broadcasters to allocate candidates kets, it is a lot less expensive than in pened in the last three or four election free time, as indeed is done in almost the State of my good friend from New cycles—this bidding up of the prices every other industrial democracy in Jersey. right before election day. the world. Many of my colleagues be- In 1994, our television time was a lot As a matter of fact, when I first got lieve such free time is the answer. We less expensive. Just in the last 8 years, into this in 1994, the television stations are not requiring that in this amend- television has literally at least tripled didn’t like the political season because ment. in price in my State. At election time, it was the time when they lost money We are not altering the content of when the Senator was talking about because they used to give out a lot of their programming nor charging a fee the gouging—whatever term you want low unit rates. But today they love the for use of the public spectrum. All we to use—by the station, there are so election cycles. It is one of their high- are doing is requiring what we required many independent expenditures and so est profit margin times—at least that so long ago, but now enforcing it —now many candidates advertising on tele- is what they tell me—simply because ensuring that it happens in practice; vision that the price goes up. As a mat- there are so many people trying to get that is, that the lowest unit rate be ter of fact, at the beginning when you on the air to advertise. Candidates can- made available. are doing your budgeting for your cam- not get the lowest unit rate. They This will be discussed in length to- paign and you are trying to get the don’t choose to do it anymore. And morrow. But it is eminently reasonable lowest unit rate, it is supposedly going they have to bid up this time. that in a public policy debate, in choos- to be at the end of the campaign so So I applaud the three Senators for ing leaders of this country, the public that you can determine how much bringing this amendment up. I think it airwaves provided on license to the tel- money you will be able to spend on tel- is the right thing to do. I do not know evision networks not be a financial op- evision and how much you will be able whether the amendment is going to be portunity for the networks to get can- to put your message out to the voters. adopted, but I certainly think it is the didates in a bidding war against com- I remember asking my people: What right thing to do. I will be joining with mercial advertisers, and not taking ad- about this lowest unit rate we heard you tomorrow in voting for this. vantage of those weeks before an elec- about? I always hear about that in Mr. TORRICELLI. I thank the Sen- tion when advertisers, by necessity, every campaign. My campaign people ator for his help. I believe we will suc- must be placed and, therefore, an op- say that is really a farce, because the ceed tomorrow on a bipartisan basis. I portunity for the networks to increase lowest unit rate is something that is think people recognize the purpose of their rates to take advantage of the preemptible time, so we don’t rec- campaign finance reform is not that calendar. ommend that you ever buy the lowest the United States have less political This simply assures fair access at a unit rate. I think we bought a few spots debate, not that the American people fair price. It is a necessary component at the lowest unit rate. But other than will be less informed, but that there of campaign finance reform. If we are that, we had to buy nonpreemptible will be less money in the system. If we

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2569 are to achieve both—and that is, to Senate race. In our second Senate race, Professor Sullivan says: have people to be well informed but just 2 years later, we spent almost $5 Those who claim that our political system have less money in the system, and million. That is the reality. Mail costs is awash in money, corruption and influence build confidence—we have to lower the about the same, and radio has gone up peddling were predictably upset that the cost of campaigns. This is the way to a little bit but not too badly, and al- Senate again defeated the campaign finance do it—on the public airways. most all of the increase has been be- restriction proposed by Senators Russell Feingold and John McCain. The Senate’s Unfortunately, we are not doing what cause of the cost of television. failure to ban ‘‘soft money’’—large contribu- is done in Britain or France or Eng- Mr. TORRICELLI. If I could share tions to political parties that are made to land, which is providing this time free one of my own experiences: In 1996, in avoid tight restrictions on donations to can- because they are public airwaves. We my own Senate race, we tried to buy didates—drew laments from editorial pages are taking a very modest step. Indeed, the advertising in advance. We knew, to corporate boardrooms, where some busi- we are only putting into law what real- as did the Senator, how many points ness executives now plead, ‘‘Stop us before ly, in fact, was in the law but now is we wanted to buy. We offered to send we spend again.’’ the money to television. They would The advocates of new, improved campaign being evaded, and that is this require- finance reform are well-intentioned but mis- ment of lowest unit rate. not take it because they wanted to in- guided. Of course none of us wishes to live in Indeed, the Senator’s experience in crease the rates. They told us in ad- a plutocracy, where wealth alone determines Las Vegas is not unusual. He has seen vance: These rates will not hold. We political clout. But as Senator Mitch McCon- a 300-percent increase during this dec- will not take your money. The more nell noted in a heated exchange with Senator ade. As I pointed out, the national av- they see the demand from political McCain, American politics today is far from erage, in just 4 years, is 76 percent. candidates, the more they increase the ‘‘corrupt’’ in the traditional sense. And the There is no cost of business for any in- cost. most troubling features of political fund- raising today are the unintended con- dustry I know of that is rising faster Now, to the point, if we are to have a $1,000 limit on all expenditures under sequences of earlier efforts at campaign fi- than the cost of advertising for a polit- nance reform. ical candidate. But what is unbeliev- McCain-Feingold—no soft money—only Begin with the allegations of ‘‘corruption.’’ able is, in the entire national debate on $1,000 contributions, in the city of New Contributions to candidates and parties campaign finance reform, this has York an ad covering much of the State today do not line anybody’s pockets, as they largely been absent. of New Jersey can be $60,000 or $70,000. did in the heyday of machines like Tammany It is as if candidates are raising So it will take 70 people writing $1,000 Hall. Vigilant media and law enforcement contributions to pay for one ad—one. now nip improper personal enrichment in the money because they enjoy it, that bud, as politicians involved in the savings somehow people like to raise money The point becomes, how many people do you need? How much do you have to and loan scandals found out to their det- because it is entertaining. People are riment. raising these phenomenal amounts of raise to run a television campaign? Ef- Political money today instead goes di- money for one purpose: to feed the tele- fectively, for a candidate in New York rectly into political advertising, a quin- vision networks that are demanding it, today, we will never see another Sen- tessential form of political speech. Our large and holding the political system hos- ate campaign that costs less than $25 electoral districts and weak political parties million. At that rate, how many thou- force candidates to communicate directly tage. with large groups of voters. This depends on So I suggest that tomorrow Mr. sands and thousands and thousands of people have to write $1,000 contribu- the use of the privately owned mass media. Brokaw and Mr. Jennings and Mr. Thus getting the candidate’s message out is Rather, who have led this campaign for tions? There is no escaping this addic- expensive. campaign finance reform—we are join- tion of money until we lower these Reformers sometimes decry today’s polit- ing them and going to make the point costs. ical advertising as repetitious and reductive. that rather than being a critic of it, I am very grateful the Senator from But it is not clear what golden age of high- Nevada has joined this cause. I am very minded debate they hark back to; the ante- you can make a contribution. This is grateful on a bipartisan basis it seems cedents of the spot ad are, after all, the their way of making a contribution. We overwhelmingly the Senate is prepared bumper sticker and slogans like ‘‘Tippecanoe are going to lead them to do so tomor- now to have the second leg on the chair and Tyler, Too.’’ row. Nor is there any doubt that restrictions on of campaign finance reform—control Would the Senator like to add a political money amount to restrictions on point? the money, control the costs, and then political speech. Reformers sometimes say Mr. ENSIGN. If the Senator will fur- we have a balanced program for gen- they merely seek to limit money, not speech. ther yield, to just give the American uine reform. But a law, say, barring newspapers from ac- I thank the Senator. I look forward people a little bit of insight into how cepting paid political advertisements or lim- to being with him in the debate tomor- iting the prices of political books would also campaigns work, when you are setting row. limit only the exchange of money. Yet no up your budget, in the beginning you I yield the floor. one would question that it would inhibit po- set up your TV target market and how Mr. WARNER addressed the Chair. litical speech—as do restrictions on cam- much you want to advertise—not how The PRESIDING OFFICER. The Sen- paign finance. many dollars you want to put into it ator from Virginia. Unfortunately, the Supreme Court only but what level of penetration into the Mr. WARNER. Mr. President, I com- half recognized this point when, in 1976, it market you want to get, something struck down limits on political expenditures mend our colleagues from New Jersey while upholding limits on political gifts. Ex- called the gross rating point. And we and Nevada. This exchange between penditures, the Court reasoned, may not be determine each week from election day these two fine Senators represents the limited in order to level the playing field, backward approximately how many quality of the debate the Senate is now but political contributions may be limited to points we would like to get in the mar- experiencing on this important issue of prevent the reality or appearance that big ket. That will determine how much of campaign finance reform. contributors will have disproportionate in- our message gets to the voters. Then Mr. MCCONNELL. Mr. President, I fluence. So we still have in place the 1974 law we try to figure out, after we do that, would like to read into the RECORD the limiting individual contributions to a Fed- approximately how much the stations following article by Stanford law pro- eral candidate to $1,000 per election—the fessor Kathleen Sullivan, entitled equivalent of about $383 in 1999 dollars—and, are going to charge us for each one of perversely, candidates must spend ever more those commercials we put on tele- ‘‘Paying Up Is Speaking Up.’’ In it, she time chasing an ever larger number of do- vision. notes that politics and political cam- nors. In the last few years, because of the paigns are far cleaner today than they The Court’s noble but flawed attempt at huge increases, obviously, we have had were in the days of Tammany Hall. She compromise leaves us in the worst of all pos- to adjust our budgets. From that point also notes that in Bucklay v. Valeo the sible worlds: government may limit the sup- we go forward and determine how much Supreme Court made things worse by ply of political money but not the demand. money we need to raise in our cam- striking down expenditure limits while This is a situation that in a commercial set- ting would produce a black or gray market, paigns. That is why the cost of cam- upholding contribution units, resulting and politics is no different. Instead of money paigns has continued to go up and up in a situation where government may flowing directly to candidates, it flows to and up and up. From 1995 to 1998, we limit the supply of political money but parties as soft money, or to independent ad- spent about $3.5 million in our first not the demand. vocacy organizations for issue ads that often

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2570 CONGRESSIONAL RECORD — SENATE March 20, 2001 imply support for or opposition to specific Our experience with the current curbs on ing such pre-election issue ads unless they candidates. campaign contributions, which were enacted set up unwieldy separate, segregated funds Political spending and speech thus have in the early 1970s, should be sobering. Spread that shun corporate and union money and been shifted away from the candidates, who through hundreds of pages of almost indeci- publicly disclose all individual contributions are accountable to the voters, to organiza- pherable legalese understood only by special- above $1,000. tions that are much harder for the voters to ists, these curbs are filled with traps, tech- An even more radical provision would ex- monitor and discipline—a result that turns nicalities, and opportunities for selective en- pose such groups to possible legal sanctions democracy on its head. forcement by politically appointed bureau- if they do anything, at any time, that might Reform proposals such as McCain-Feingold crats and judges. Their main impact has help any candidate with whom they have proceed on the assumption that the answer been to force federally elected officials and ‘‘coordinated’’—a term defined so broadly is to keep on shutting down ‘‘loopholes’’ in their challengers to spend a huge percentage and vaguely as to encompass almost any the system. But in a system of private own- of their waking hours soliciting ever-smaller contacts with candidates or their aides—in ership and free expression, we can never shut (after inflation) contributions from ever- working on issues of mutual interest. So re- all the loopholes down. If the wealthy cannot larger numbers of people. Meanwhile, incum- strictive are these ‘‘coordination’’ rules that bankroll campaigns, they can buy news- bents have become harder to defeat, the in- some of McCain-Feingold-Cochran’s biggest papers or set up lobbying organizations that fluence of special interests has grown, voter champions might have run afoul of them had will draft legislation rather than campaign turnout has declined, and public confidence they been in effect during the 1999–2000 elec- ads. When the cure has been worse than the in our political system has plunged. tion cycle. Common Cause, for example, disease, the solution is not more doses of the The solution, say McCain and other ‘‘re- worked closely (‘‘coordinated’’) with McCain same medicine. formers,’’ is to plug loopholes in the current in late 1999 on strategies for promoting his Does this mean we should eliminate all laws—first and foremost, by ending the abil- bill, while spending lots of its own soft campaign finance regulation? Certainly not. ity of wealthy individuals, corporations, and money touting the bill (and McCain) to the Even if we give up on contribution limits, we unions to circumvent the limits on ‘‘hard- public, at a time when McCain himself was should retain and enhance mandatory disclo- money’’ contributions to candidates by giv- putting campaign finance reform at the cen- sure and public subsidies—two kinds of gov- ing their political parties unlimited sums of ter of his presidential candidacy. Under his ernment intervention that are consistent soft money to be spent promoting the can- own bill, such routine political activities in- with both democracy and the Constitution. didates. This would make it harder for politi- volving Common Cause and McCain might be Mandatory disclosure of the amounts and cians to extort money from those who would deemed illegal corporate campaign contribu- sources of political contributions enables the prefer not to give. That is good. But it would tions. voters themselves, aided by the press, to fol- also weaken the parties’ ability to finance Nor is McCain-Feingold-Cochran’s require- low the money and hold their representa- indisputably healthy grass-roots activities ment that independent groups disclose the tives accountable if they smell the foul such as voter education, registration, and names of all donors of more than $1,000 for aroma of undue influence. Such disclosure is turnout drives, while spurring the many pre-election issue ads as innocuous as it may an extraordinarily powerful and accessible companies, unions, and individuals who want seem. It is, some independent groups argue, tool in the age of the Internet. to be active in politics to take their money mainly for the benefit not of the public, but And more widespread public subsidies, like elsewhere. That is very bad. of powerful incumbents and other politicians those now given in presidential and some The most obvious outlet for private money who might use pressure and intimidation to state races, could, if given early in cam- would be to fund so-called issue advertise- deter people from funding issue ads the poli- paigns, help political challengers reach the ments praising their preferred candidates ticians don’t like. Thus could a bill that pur- critical threshold amounts they need to get and attacking their adversaries, either di- ports to curb the influence of Big Money in their messages out. rectly or by giving to one or more of the in- politics have the effect of increasing the In ongoing debates about campaign finance terest groups that buy such ads. These power of politicians to silence critics both reform, it is worth remembering that free groups range from the Chamber of Com- big and small. speech principles bar the creation of ceilings merce, the National Right to Life Com- Fortunately, McCain-Feingold-Cochran’s on political money, but they do not bar the mittee, and the National Rifle Association proposed restrictions on issue ads and inde- raising of floors. on the right to labor unions, Planned Par- pendent groups will have trouble getting Mr. President, I would also like to enthood, and the Sierra Club on the left. through Congress now that the AFL–CIO is Such a governmentally engineered shift of opposing them—a major break with its usual read into the RECORD a recent article money and power from the parties—our most Democratic allies. And even if enacted, these by Stuart Taylor Jr. of the National broad-based vehicles for citizen participation restrictions have little chance of surviving Journal entitled ‘‘How McCain-Fein- in politics—to single-issue groups and other judicial review. They fly in the face of rules gold Would Constrict Speech.’’ It ex- ideologically driven organizations would laid down by the Supreme Court in a long plains how McCain-Feingold would warp our political discourse. line of First Amendment decisions that guar- make our political system worse, not Not to worry, McCain and his allies say, we antee that issue advocacy by independent better. It notes that each new step also have a plan to curb the financial clout groups, corporations, and unions will enjoy down the road of restricting political of corporations, unions, and independent in- broad protection from all forms of official terest groups. This proposal (Title II of the regulation, including public disclosure re- speech and political spending actually bill) would severely restrict such organiza- quirements. creates new problems. tions’ spending on issue ads and other activi- In any event, any portion of McCain-Fein- Mr. Taylor’s article says: ties designed to disparage or promote federal gold-Cochran that manages to get through It all sounds so clean, so wholesome, so candidates. Indeed, for some incumbents fac- Congress and past the courts would not take righteous: close the loopholes in our cam- ing re-election battles, these provisions are Big Money out of politics. The bill would, paign finance laws. End what Sen. John the main attraction of the McCain-Feingold- rather, increase the relative power of those McCain, R-Ariz., calls the ‘‘corrupting chase Cochran bill. ‘‘We’re totally defenseless moneyed interests that remain unregulated. for ‘soft money.’ ’’ Curb the influence of cor- against the juggernaut of huge, unregulated, These would include individuals rich enough porations and labor unions. Stop special in- undisclosed expenditures’’ by independent to finance their own campaigns, such as Ross terests from polluting our politics with groups, Sen. Thad Cochran, R-Miss., who Perot, Steve Forbes, and the four Senate ‘‘sham issue ads.’’ Mandate greater public faces an election next year, told the Wall candidates (all Democrats) who each spent disclosure of political spending. Street Journal. more than $5 million of their own money to But in reality, the McCain-Feingold-Coch- This part of the bill would, in the words of win their races. This group was topped by ran campaign finance bill would make our Brooklyn Law School professor Joel M. Jon Corzine’s $60 million purchase of a seat politics worse, not better, by further en- Gora, who has long worked with the Amer- to represent New Jersey. Power would also trenching incumbents against challengers, ican Civil Liberties Union on campaign fi- flow to the national news media, which are by weakening our political parties, by in- nance issues, ‘‘effectively silence a great owned by huge corporations such as AOL- creasing the influence of wealthy individuals deal of issue speech and advocacy by non- Time Warner and General Electric, are and huge media corporations, by stifling po- partisan citizen groups, organizations, labor staffed by journalists with their own biases, litical debate, and by attacking the First unions, corporations, and individuals.’’ It and are busily clamoring for restrictions on Amendment’s premise that political speech would altogether bar for-profit corporations the campaign-related spending and First should be free and uninhibited, not hobbled and unions from buying television or radio Amendment rights of everybody else. by a maze of prohibitions and regulations. ads, or giving independent groups money to Those reformers who are most serious We might be able to make our politics buy ads, that so much as mention—let alone about driving Big Money out of politics see cleaner and fairer by supplementing private criticize or praise—a federal candidate dur- McCain-Feingold-Cochran as only a first, campaign funding with some form of public ing the critical 60 days before an election tiny step. They would also cap campaign financing to help give voice to candidates and the 30 days before any primary. These spending by wealthy candidates—a step that and causes with scant financial resources. are precisely the periods during which the would require overruling the Supreme (More on that next week.) We will not public is most attentive to debate about po- Court’s landmark 1976 decision in Buckley achieve this by piling onerous new restric- litical issues and candidates. The bill would vs. Valeo. And a few reformers have asserted tions on privately funded speech. also prohibit independent groups from buy- that, in the words of associate professor

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2571 Richard L. Hazen of Loyola University Law Although we won a number of the argu- We have nothing to fear from unfettered School in Los Angeles: ‘‘The principle of po- ments we presented in Buckley, we lost the political debate and everything to gain. litical equality means that the press, too, critical one when the court held that the American democracy can ill afford govern- should be regulated when it editorializes for limits on contributions were constitutional. ment control of the political marketplace; or against candidates.’’ Experience, however, has vindicated our wor- but that is where today’s reformers would Each new step down this road of restrict- ries over the practical consequences of these lead us. ing political spending and speech creates and other provisions of the 1974 act. new problems and new inequities, fueling The legislation was supposed to de-empha- f new demands to close ‘‘loopholes’’ by adding size the role of money in federal elections ever-more-sweeping restrictions. How far and encourage broader participation in the MORNING BUSINESS might campaign finance reformers go if they political process. Instead, by limiting the could have their way? Was McCain serious size of individual contributions, it has made Mr. WARNER. Mr. President, I ask when he said on Dec. 21, 1999. ‘‘If I could fund raising the central preoccupation of in- unanimous consent that there now be a think of a way constitutionally, I would ban cumbents and challengers alike; and it cre- period for the transaction of morning negative ads’’? Shades of the Alien and Sedi- ated a bureaucracy, the Federal Election business with Senators permitted to tion Acts. Commission, that has issued regulations gov- speak for up to 10 minutes each. Politics will always be a messy business. erning independent spending that are so The PRESIDING OFFICER. Without Money will always talk. And the cure of leg- complex and have made the costs of a objection, it is so ordered. islating political purity and purging private misstep so great that grassroots action has money will always be worse than the disease. virtually disappeared from the political f Finally, Mr. President, I would like scene. Today, anyone intrepid enough to en- gage in such activities is well advised to hire to read into the RECORD an article by DIRECTED ENERGY AND NON- a lawyer; and even then, he must be prepared LETHAL USE OF FORCE Judge James Buckley entitled ‘‘Cam- to engage in protracted litigation to prove paign Finance: Why I Sued in 1974.’’ his independence. Mr. DOMENICI. Mr. President, I rise Judge Buckley was the lead plaintiff in Legislation that was supposed to democ- today to discuss a serious and effective the landmark campaign finance case of ratize the political process has served in- use of new technologies in our military Buckley v. Valeo. This article provides stead to reinforce the influence of the polit- operations. While I will focus on a spe- an important historical context to the ical establishment. By compounding the dif- cific directed energy technology, the current debate over restricting Cam- ficulties faced by challengers, it has consoli- dated the advantages of incumbency and in- Joint Non-Lethal Weapons Program Of- paign finances further. creased the power of the two major parties. fice is involved in many other research It says: By limiting individual contributions to areas that provide innovative solutions Twenty-five years ago, I was a member of $1,000, it has enhanced the political clout of to our military men and women in the Senate majority that voted against the both business and union political action their daily missions. legislation that gave us the present limita- committees—the notorious PACs. Recently, the Marines unveiled a de- tions on campaign contributions. Having lost Moreover, if today’s reformers succeed in vice known as Active Denial Tech- the debate on the floor, I did what any red- their efforts to restrict ‘‘issue advocacy,’’ blooded American does these days: I took the the net effect will be to increase the already nology, ADT. This is a non-lethal fight to the courts as lead plaintiff in Buck- formidable power of the media. The New weapons system based on a microwave ley v. Valeo. This is the case in which the York Times or The Wall Street Journal will source. This device, mounted on a Supreme Court held that the 1974 act’s re- be free to throw their enormous influence be- humvee or other mobile platform, strictions on campaign spending were uncon- hind a particular candidate or cause through could serve as a riot control method in stitutional but that its limits on contribu- Election Day. But public interest groups our peacekeeping operations or in tions were permissible in light of Congress’s would be denied the right to advertise their other situations involving civilians. concern over the appearance of impropriety. disagreement with the Times or the Journal The issue of campaign finance is again be- during the final weeks of a campaign. This project and technology was kept fore the Senate. Unfortunately, today’s re- What is needed is not more restrictions on classified until very recently. formers are apt to make a badly flawed sys- speech but a re-examination of the premises The Pentagon noted that further tem even worse. underlying the existing ones. Recent races testing, both on humans and, evi- To understand why, it is instructive to have exploded the myth that money can dently, goats will be done to ensure take a look at the Buckley plaintiffs. I had ‘‘buy’’ an election. Ask Michael Huffington, that it truly is a non-lethal method of squeaked into office as the candidate of New who lost his Senate bid in California after crowd control or a means to disperse York’s Conservative Party. My co-plaintiffs spending $28 million. The voters always have included Sen. Eugene McCarthy, whose pri- the final say. What money can buy is the ex- potentially hostile mobs. The notion mary challenge caused President Lyndon posure challengers need to have a chance. that the Pentagon is using ‘‘micro- Johnson to withdraw his bid for re-election; And while large contributions can corrupt, waves’’ on humans, and especially on the very conservative American Conserv- studies of voting patterns confirm that that animals, has inflamed some human and ative Union; the equally liberal New York concern in vastly overstated. The over- animal rights groups. Among others it Civil Liberties Union; the Libertarian Party; whelming majority of wealthy donors back has simply sparked fear that a new and Stewart Mott, a wealthy backer of lib- candidates with whom they already agree, weapon exists that will fry people. eral causes who had contributed $200,000 to and they are far more tolerant of differences the McCarthy presidential campaign. We on this point or that than are the PACs to This is not the case. And, unfortu- were a group of political underdogs and inde- which a candidate will otherwise turn. nately, few of the media reports offer pendents; and although we spanned the ideo- An alternative safeguard against corrup- sufficient detail or comparisons to logical spectrum, we shared a deep concern tion is readily available—the daily posting of clarify the value of such a system or that the 1974 act would dramatically in- contributions on the Internet. This would put its use in perspective. While ADT is crease the difficulties already faced by those enable voters to judge whether a particular ‘‘tunable,’’ the energy cannot be challenging incumbents and the political contributions might corrupt its recipient. status quo. What makes no sense is to retain a set of ‘‘tuned up’’ to a level that would imme- Incumbents enjoy formidable advantages, rules that make it impossible for a Stewart diately cause permanent damage to including name recognition, access to the Mott to provide a Eugene McCarthy with the human subjects. media, and the goodwill gained from han- seed money for a challenge to a sitting presi- The technology does not cause injury dling constituent problems. A challenger, on dent, or that make elective politics the play- due to the low energy levels used. ADT the other hand, must persuade both the ground of the super rich. does cause heat-induced pain that is media and potential contributors that his The problem today is not that too much nearly identical to briefly touching a candidacy is credible. This can require a sub- money is spent on elections. Proctor & Gam- stantial amount of seed money. As we testi- ble spends more in advertising than do all lightbulb that has been on for a while. fied, Sen. McCarthy could not have launched political campaigns and parties in an elec- However, unlike a hot lightbulb, the a serious challenge to a sitting president and tion cycle. The problem is that the electoral energy propagated at this level does I could not have won election as a third- process is saddled by a tangle of laws and not cause rapid burning. Within a few party candidate under the present law. Large regulations that restrict the ability of citi- seconds the pain induced by this en- contributions from a few early supporters es- zens to make themselves heard and that rig ergy beam is intended to cause the sub- tablished us as viable candidates. Once the the political game in favor of the most privi- ject to run away rather than to con- media took us seriously, we were able to leged players. And because congressional in- reach out to our natural constituencies for cumbents are the beneficiaries of the titled tinue to experience pain. financial support and to attract the cadres of playing field, it is fanciful to believe that Such technologies have never before volunteers that characterized our cam- Congress will re-write the rule book to give been used in a military or peace- paigns. outsiders an even break. keeping endeavor. Therefore, there is

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2572 CONGRESSIONAL RECORD — SENATE March 20, 2001 naturally suspicion or fear of the un- families of all the servicemen who lost hood. He wanted to grow old with his wife. known and usually the worst is imag- their lives in this tragic accident. We He wanted to do work which brought him ined. I believe this is unwarranted, es- owe it to all of our brave servicemen satisfaction and which made the world a bet- pecially when one considers the cur- and those who serve with them to do ter place than he found it. He graduated with distinction and high honors from the Univer- rently available options in these types our best to uncover the cause of this sity of Michigan, and received his law degree of military situations. tragedy, and to do our utmost to pre- from the University of Chicago, where he Think of 1993 in Somalia. The U.S. vent it from happening again. Theirs is was an associate editor of the Law Review. lost 18 soldiers and somewhere between a dangerous profession, and this tragic Mike was the Assistant Deputy Director of 500 and 1,000 Somalis were killed on the accident reminds us of the debt we owe the Office of Special Investigations at the streets of Mogadishu. The Somalis used to those who serve. I join the Presi- U.S. Department of Justice. This office finds, children as human shields, and our dent, Secretary Rumsfeld, and my col- denaturalizes, and deports persons from the military was forced to fire on angry leagues in saluting the courage, com- United States who participated in Nazi atrocities during World War II. Mike left two crowds of civilians, some civilians hav- mitment and sacrifice of these service- children, ages 7 and 4, a wife, a mother, and ing automatic rifles and grenades. men. countless friends. He was 36 years old. Peacekeeping operations are not void f Over the last 12 years, the family members of lethal threats. Oftentimes our mili- of those who were murdered in the Lockerbie tary is confronted with armed civilians STEPHANIE BERNSTEIN’S have worked hard for some measure of jus- or situations where unarmed, defense- ADDRESS ON PAN AM FLIGHT 103 tice. As a result of our efforts, and with the less civilians are intermixed and indis- Mr. KENNEDY. Mr. President, on support of our many friends on Capitol Hill, tinguishable from persons possessing Friday, March 16, Stephanie Bernstein, legislation has been passed which sought to who lost her husband on Pan Am flight make aviation safer from terrorist acts and lethal means. to put pressure on countries such as Libya Regardless of the new Administra- 103 over Lockerbie, Scotland, addressed which have been state sponsors of terrorism. tion’s approach to involvement of the a conference on the future of Libyan- The Aviation Security Act of 1992, the Lau- U.S. military in non-traditional oper- American relations hosted by the tenberg Amendment, and the Iran-Libya ations, I believe these types of missions Woodrow Wilson International Center Sanctions Act would not be law without the will continue to be a staple of our mili- for Scholars, the Atlantic Council, and efforts of the Lockerbie families. tary’s daily operations for a long time the Middle East Institute. On January 31 of this year, we achieved an- to come. Further, these missions often Ms. Bernstein’s remarks are insight- other victory when Abdel Basset al-Megrahi, a Libyan security agent (JSO), was convicted involve situations that render U.S. sol- ful and show, in very real human of the murders of my husband and 269 others. diers vulnerable or threaten the lives terms, the pain suffered by the The Scottish Court was strong in its opinion of innocent civilians. Lockerbie families. They also dem- that Megrahi was acting at the behest of the I believe that the applications of di- onstrate the need for the U.S. and the Libyan government: rected energy technologies in these and international community to keep the ‘‘The clear inference which we draw from other operations can provide a more pressure on Qadhafi until he accepts re- this evidence is that the conception, plan- humane and militarily effective ap- sponsibility for the actions of Libya’s ning and execution of the plot which led to proach. Active denial technology is the planting of the explosive device was of intelligence officer, tells what the Gov- Libyan origin.’’ (p.75) merely one device on a list of research ernment of Libya knows about the ‘‘We accept the evidence that he was a and development endeavors currently bombing and compensates the families member of the JSO, occupying posts of fairly underway by the Pentagon’s Joint Non- of the victims for this horrible tragedy. high rank.’’ (p. 80) Lethal Weapons Program. I urge my colleagues to read Ms. Since the verdict, the Bush administration I would encourage my colleagues to Bernstein’s remarks as we consider the has been firm in its insistence that Libya get briefed on the mission and projects reauthorization of the Iran-Libya abide by the terms of the U.N. Security in the Non-Lethal Weapons Program. Council Resolutions, which call for Libya to Sanctions Act. accept responsibility for the bombing, and Further, I believe that the tunability I ask unanimous consent that her for payment of appropriate compensation to of microwave and laser technologies statement be printed in the RECORD. the families. The sanctions are rooted in the will offer a palette of readily available There being no objection, the mate- concept in international law that a govern- options to address operational needs in rial was ordered to be printed in the ment is responsible for the wrongful acts of both traditional and non-traditional RECORD, as follows: its officials. In a meeting with family members on Feb- military operations, and I fully support REMARKS OF STEPHANIE L. BERNSTEIN—CON- ruary 8 of this year, Secretary of State Colin further funding of research in this FERENCE ON U.S.-LIBYAN RELATIONS AFTER Powell was clear in detailing the Bush ad- THE LOCKERBIE TRIAL: WHERE DO WE GO area. ministration’s policy: FROM HERE? f ‘‘President Bush intends to keep the pres- MARCH 16, 2001. TRIBUTE TO ARMY SERGEANT sure on the Libyan leadership, pressure to I would like to thank the Atlantic Council, fulfill the remaining requirements of the PHILLIP FRELIGH the Middle East Institute, and the Woodrow U.N. Security Council, including Libya’s ac- Mr. HUTCHINSON. Mr. President, I Wilson Center for inviting me to participate cepting responsibility for the actions of its rise today to extend my sympathies to in this conference. officials and paying appropriate compensa- I have been asked to talk from my perspec- the families and loved ones of those tion.’’ tive as someone whose life has been pro- The Bush administration has stated that killed during the recent Naval training foundly and permanently altered by the ac- the investigation into the Lockerbie bomb- exercise in Kuwait. Of the five U.S. tions of the government of Libya. I am not a ing is still open. A $5 million dollar award is military personnel killed in the acci- diplomat or a politician, but an average cit- still in place for information leading to the dent, Sergeant Phillip Freligh, whom I izen of a country, 189 of whose citizens were arrest and conviction of others involved in intend to pay tribute to today, was brutally murdered on December 21, 1988. The the bombing. State Department spokesman from my home state of Arkansas. impact of this savage act of mass murder Richard Boucher said last month that the Army Sgt. Phillip Freligh, of was described in eloquent terms by the Lord United States will follow the evidence Paragould, AR, graduated in 1993 from Advocate of Scotland during his remarks to ‘‘wherever it leads.’’ Secretary Powell, in his the Scottish Court just prior to its sen- Greene County Tech and enlisted in the meeting with the families, elaborated on this tencing of the defendant, Megrahi, who was as well: Army later that same year. He at- found guilty of murder on January 31, 2001: ‘‘However we resolve this and however we tended jump training and was assigned ‘‘More than 400 parents lost a son or daugh- move forward from this point on, we reserve to the 82nd Airborne Division. He then ter; 46 parents lost their only child; 65 the right to continue to gather more evi- was trained as a bomb specialist and women were widowed; 11 men lost their dence and to bring more charges and new was assigned to the 734th Explosive Or- wives. More than 140 children lost a parent indictments...So accepting responsibility dinance Division in White Sands, NM and 7 children lost both parents.’’ as a leader of a nation, and as a nation, and was on a six month deployment in I would like to tell you briefly about one of doesn’t excuse other criminals who might the 270 people who was murdered in the come to the fore and be subject to indict- Kuwait when the accident occurred. Lockerbie bombing. My husband, Mike Bern- ment.’’ I want to express my deepest regret stein, was an ordinary person who died an ex- Unfortunately, there are others who have and sympathies to the family and traordinary death. His dreams were simple: not supported the reasonable aims of the Se- friends of Sgt. Freligh as well as the he wanted to guide his children into adult- curity Council, the United States, and Great

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2573 Britain. In an interview with The Indepdent I interpret this to mean that if the families turing. In Ukraine, Belarus, and on February 9 of this year, Nelson Mandela, back off, the government of Libya will pay Kazakhstan, the defense industry com- who helped broker the agreement which per- compensation to the families. This cynical prised about fifteen percent of their suaded Gaddafi to turn the suspects over for approach dishonors the memories of our trial, accused the U.S. and Great Britain of heavy industry. loved ones and we will never agree to it. Con- This distinction made the Soviet in- having ‘‘moved the goalposts’’ on the issue of tinuing to pursue what and who was behind lifting sanctions. the Lockerbie bombing and the acceptance dustry not merely an economic con- ‘‘The condition that Gaddafi must accept of responsibility by the Libyan government cern, but rather a central threat to responsiblity for Lockerbie is totally unac- are goals which will not be abandoned by the international security. As Soviet cen- ceptable. As President for five years I know families. tral authority deteriorated, control that my intelligence services many times Another British expert on Libya, George over its massive military complex also didn’t inform me before they took action. Joffe, was quoted in the same article as fol- crumbled. As such international secu- Sometimes I approved, sometime I rep- lows: rimanded them. Unless it’s clear that rity concerns are not limited to issues ‘‘Gaddafi knows he’s going to have to pay of control over nuclear weapons and Gaddafi was involved in giving orders it’s un- compensation. The question is whether he fair to act on that basis. can control the domestic agenda and curb his material, but include attaining a de- I ask: is it really possible to believe that a own tongue over the next few months, and gree of economic stability to offer sta- Libyan intelligence agent would carry out a whether extremists on the other side of the ble employment to a vast number of massive operation such as the downing of a Atlantic among the families and their sup- persons in military and military-re- passenger aircraft without approval from porters in Congress can be kept under con- lated occupations, especially scientists those higher up the chain of command? trol.’’ Similarly, oil companies, some of whom I and engineers in that sector. The ultimate resolution of the rift between The threat was apparent; the risk of know are represented here today, have seen the United States and Libya does not hinge the verdict as the first step in resuming nor- inadequate action has been readily ap- on whether Gaddafi can ‘‘keep his tongue.’’ mal relations with Libya. Archie Dunham, parent. The national interest, indeed, The ultimate resolution will come when the the Chairman and Chief Executive of Conoco, Libyan government meets its responsibil- the global interest, is in securing sta- stated last month that he was ‘‘very opti- ities to the families and to the international bility in the region. Stability in the re- mistic’’ that President Bush will lift the uni- community. As for the families and our sup- gion equates with global stability, es- lateral U.S. sanctions against Libya, in part porters in Congress being ‘‘kept under con- pecially in light of the potential leak- because of the President and Vice President trol’’—we have been invigorated by the ver- Cheney’s ties to the Texas oil industry. age of knowhow from weapons com- I find these efforts to promote business at dict of the Scottish court, and we will not go plex. the expense of justice to be deeply dis- away. Our approach has come in fits and turbing. I am afraid that comments such as f starts. We have not offered a inte- those by Mr. Dunham and Mr. Mandela send SWORD TO PLOUGHSHARES grated, comprehensive plan for U.S. a message that terrorists and the countries economic assistance or nonprolifera- which sponsor or harbor them will not have Mr. DOMENICI. Mr. President, I rise tion programs. Increasingly, however, to pay a significant price for their actions. today to discuss some efforts in defense we are coming to recognize the inter- When we allow ourselves to believe, as is a conversion that are reaping great relationship between these two ele- popular view now, that encouraging business gains. In the book, ‘‘The Idea of Na- relationships with countries such as Libya ments of our Russia policy, even if we which carry out terrorist acts will somehow tional Interest’’, Charles Beard wrote: still haven’t achieved a semblance of a inoculate us against further terrorist at- Government might legitimately take the strategy. tacks, I believe that we are dangerously initiative and pursue some interests aggres- I did, however, want to discuss some naive. Is it really good business to do busi- sively. Furthermore, it might make use of efforts that have succeeded. They are ness with terrorists? Every corporation rep- its own citizens and their interests to ad- not sufficient in breadth, depth or fi- resented in this room today must ask if it is vance the national interest. nancial means. Nonetheless, the are an Early on U.S. foreign policy for the worth it to resume business in a country exception to the rule in our efforts to whose leader refuses to acknowledge his re- Former Soviet Union, FSU, was de- provide meaningful, stable employ- sponsibility for the mass murder of 270 signed to do just that: make use of U.S. ment to former Soviet scientists and human beings. Anyone in this room could citizens’ interest to advance our na- have easily had a loved one on Pan Am 103. engineers. Where do we go from here? The govern- tional security objectives. I begin with the efforts of the Cooper- ment of Libya and Col. Gaddafi must accept Today, I would like to briefly under- ative Research and Development Foun- responsibility for the bombing of Pan Am 103 score some successes, specifically in dation, CRDF. CRDF was created pur- and the murders of 270 people. The govern- the realm of defense conversion. Before suant to Section 511 of the Freedom ment of Libya must pay appropriate com- doing so, however, I wanted to offer Support Act of 1992 in 1995. Its mission pensation to the families. The government of some insights regarding the scope of the United States must continue to pursue is to conduct innovative activities of the problem. mutual benefit with the countries of and develop information leading to the in- First, the legacies of a command dictments, arrest, and conviction of the oth- the FSU. Further, CRDF was to offer ers responsible for the bombing. The world economy were prevalent in all nations opportunities to former weapons sci- community must realize that lifting the behind the Iron Curtain. Such legacies entists to achieve transition to produc- sanctions against Libya before Libya has included: a structure of production tive civilian research. They have been fully complied with them sends a signal that dominated by heavy industry, distorted remarkably successful. the civilized countries of the world are not factor and product prices, antiquated Since its inception, CRDF has ex- serious about going after perpetrators of or obsolescent capital stock, inad- mass murder. The business community must pended $16 million of U.S. Government equate skills to compete in a modern funds and $1 million from private foun- know that sweeping Pan Am 103 under the economy; a neglected infrastructure, rug will, ultimately, not be good for busi- dations. The FSU, in turn, has com- ness. We must press for renewal of the Iran- severe environmental degradation, mitted $4.8 million to these activities. Libya Sanctions Act which is due to expire trade oriented towards other uncom- These funds have backed 597 projects in August. We must re-impose the U.N. sanc- petitive markets, and large volumes of that supported a total of 4300 scientists tions if the Libyan government does not non-performing loans and heavy for- and engineers. comply with the terms of the original sanc- eign debt. In addition, with major contracts tions. Support for these positions is em- The FSU was no exception with re- from the DOE, DoD, NIH, and EPA as bodied in a current Sense of Congress resolu- spect to inheritance of these burdens tion which has bipartisan support. well as industry, CRDF is helping U.S. Finally, I think it is vital for everyone to and impediments. And despite all these participants address issues of financial know that the Pan Am families will not go similarities with other eastern Euro- integrity in their dealings with the away. In a Reuters article dated February 13 pean states, the FSU, especially Rus- FSU. Over $30 million for over 500 of this year, Saad Djebbar, a London based sia, was unique in one very important projects has been managed by CRDF lawyer who has advised the Libyan govern- way. through these contracts. ment was quoted as follows: For Russia, Ukraine, Belarus, and ‘‘The more the United States sticks to the The Foundation has committed an original agreement that the aim of the proc- Kazakhstan ‘‘heavy industry’’ was that additional $11.8 million to projects in ess was the surrender and trial of the two ac- of defense. Fifty-two percent of Rus- five program areas. cused, the more the Libyans will cooperate sia’s industry was involved in military- CRDF’s industry programs reduce and compensate the families.’’ related research, design and manufac- the risk for U.S. companies to engage

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2574 CONGRESSIONAL RECORD — SENATE March 20, 2001 FSU scientists. These grants have le- an investment equal to 80 percent of ceive brand new books, are now enjoy- veraged 300 percent of U.S. Government our own in this fiscal year. ing their gifts. funds through in cash and in-kind con- The Stolar Horizon/NIIIS success is a First Book is making it possible for tributions from U.S. industry. concrete example of the original IPP young children to have access to books I would also note that more than 95 vision: making the world a safer place and take the first steps toward learn- percent of the collaborations formed in through cooperative commercial ef- ing to read and it is making a real dif- CRDF awards will continue, whether forts leading to long-term, well-paying ference in their lives. It is impressive with CRDF support or not. Over 100 jobs in both nations. that last year, First Book was respon- U.S.-FSU teams are seeking commer- The cooperative efforts of USIC sible for distributing more than 4 mil- cial applications for the products of members, DOE–IPP, other U.S. govern- lion books to children in more than 290 their collaborative research. Twenty- ment agencies, and the scientific insti- communities across the country. two teams have filed for patents, four- tutes of the NIS are revolutionizing the A 1999 evaluation of First Book con- teen of which are joint. post-Cold War world, creating new op- ducted by Lou Harris and funded by the For over a year now CRDF has en- portunities for weapons scientists and U.S. Department of Education, showed sured financial integrity for Depart- engineers, and making our world more that after a child’s involvement in ment of Energy projects under the Ini- safe and secure. First Book, 55 percent of them reported tiatives for Proliferation Prevention, I return to the thoughts of Charles an increased interest in reading. Nine- IPP, program. The United States In- Beard. In pursuit of its interests, Gov- ty-eight percent of the local advisory dustry Coalition, USIC, the industry- ernment might make use of citizens’ boards reported that their community arm of the IPP program, now boasts 96 interests to advance the national inter- was better off because of the support of members throughout the U.S. and sev- est. This is the foremost objective of First Book. eral substantial commercial successes nonproliferation programs that seek to Children need to have reading mate- with FSU partners. Through its co- create commercial opportunities in the rials outside of school, and even before operation with CRDF, USIC and the FSU. they start school. It is the best way to IPP program now can ensure that fund- The statistics and examples I’ve of- develop a love of reading early in life. ing for FSU scientists involved in these fered above underscore the successes When President Kennedy was young, research efforts avoids taxation by we’ve achieved. Obviously, our at- two of his favorite books were ‘‘Billy Russian or other officials. This aspect tempts have frequently stumbled some- Whiskers’’ and ‘‘King Arthur and the is critical for maximizing the impact of times as a result of our own false starts Round Table.’’ My mother read for end- U.S. Government or industry invest- and other times due to circumstances less hours to all nine of us, and she was ments to provide stable employment beyond our control. However, at the conscientious about choosing books and a steady income to FSU scientists. same time, we have never faced a situa- that were educational and inspira- Since 1994, the IPP program has en- tion similar to the collapse of the So- tional as well as entertaining. She in- gaged over 6,200 former weapons of viet Union. We had never before legis- stilled a love of reading in all of us. mass destruction scientists. Impor- lated or formulated programs with the Reading is the foundation of learning tantly, USIC members usually surpass express intent of preventing prolifera- and the golden door to opportunity. cost-sharing arrangements with DOE tion through promotion of commercial First Book knows that to open a book expenditures totaling $39.3 million opportunities. We had never confronted is to open a child’s mind to a world of versus the $63.4 million invested by providing economic development aid to new possibilities. U.S. industry. Currently, 75 of USIC’s countries burdened by legacies of a But too many children fail to read at members are engaged in 120 cost-shared command economy. From this perspec- an acceptable level. Reading is a pleas- projects. tive, we’ve made remarkable progress. ure, but today it is also a necessity. I would like to briefly highlight a re- Mr. President, I would conclude on Students who don’t learn to read well cent success story in my home state of the following note: each concrete suc- in their early years cannot keep up in New Mexico. On January 15, I partici- cessful commercial venture will have their later years. That is why literacy pated in a technology demonstration exponential benefits. I am convinced programs are so important. They give and press conference to announce a $20 that these ventures will pay off—by young children practical opportunities million international investment in mitigating immediate potential pro- to learn to read and practice reading. technologies jointly developed by a liferation threats, contributing to a As a volunteer for a reading program small U.S. engineering company, a stable economy in the region, and ad- in Washington, I know that literacy Russian nuclear weapons plant, and vancing U.S. citizens’ own monetary and mentoring programs make a dif- two of the Department of Energy’s fa- interests. ference not only for the children who cilities. f participate in them, but the children in An entrepreneurial American com- the program make a difference in my CONGRATULATING FIRST BOOK pany, Stolar Horizon of Raton, NM, a life, too. long-standing member of USIC, identi- Mr. KENNEDY. Mr. President, last This is the fourth year that Jasmine fied a Russian technology with market Friday, Congressman MIKE CAPUANO and I have been reading partners at potential, then staked over $5 Million and I had the honor of congratulating Brent Elementary School, and it is of its own money to develop it. Stolar First Book for distributing over a quar- very impressive to see her make Horizon worked in tandem with Sandia ter of a million books to children progress as a reader. There is nothing National Laboratories and the Kansas across Massachusetts. My distin- more exciting for Jasmine and me than City Plant through the IPP program to guished colleague from Massachusetts when we get to choose a brand new test and refine the technology for com- is a tireless advocate for ensuring that book to read together. mercial, peaceful applications. children of all ages obtain the reading If we all work together, families, The result: Credit Suisse First Bos- materials and skills they need to be- schools and communities, children will ton has committed $20 million in fi- come active members of our State and have the support they need to become nancing to take the product to the of our Nation, and I am happy to have good readers in their early years, and global market. An estimated 350 new been able to share this important after- gain an appreciation for reading that jobs will be created in New Mexico, and noon with him. will last a lifetime. over 600 jobs await Russian nuclear sci- Thanks to the coordination of First f entists and technicians in Nizhny Book, the generous donations by Ran- Novgorod at the Institute for Meas- dom House Children’s Books and Lit- TAXES, THE ECONOMY AND THE uring Systems Research, NIIIS, are tle, Brown & Company, and the dedi- FUTURE planned. cated volunteers from the Campus Out- Mr. DORGAN. Mr. President, after I would remind everyone that U.S. reach Opportunity League, the Coast nearly a decade of economic growth, appropriations in FY2001 for the IPP Guard and First Book, thousands of historic gains in productivity and rein- program is only $24.5 million. In this children throughout our state who do ing in the Federal budget deficits, Con- one example, Credit Suisse will provide not always get the opportunity to re- gress is now considering enacting a tax

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2575 cut. I support a tax cut. And I think it pay 21 percent of all taxes, but under The current monthly payment in the should be retroactive to January 1 of the President’s plan they would receive GI bill has not come close to matching this year to provide a needed boost to 43 percent of the tax cut. That’s not the rate of inflation in educational our economy. fair. We should make changes to the costs over the past 50 years. Just con- Cutting taxes now will be helpful President’s plan to provide a larger sider these statistics. At present, the both to individual taxpayers and to our share of the tax cuts to working fami- standard GI bill benefit is $650 per economy. But we also need to use some lies. month for 36 months. That is it. More- of the expected available surplus to pay A tax cut is a priority, but so too is over, we now ask servicemembers who down our Federal debt. If a country fixing our schools, helping family want educational benefits after dis- runs up a debt during tough times, it farmers through tough times, dealing charge to contribute $1200 while they should pay it down during good times. with the high prices of prescription are in the military. By contrast, when And some of the surplus should be used drugs, and strengthening Medicare and it began in 1944, the GI bill benefit in- to do other important things like im- Social Security. Yes, surpluses need to cluded full tuition and fees at any edu- prove our schools, provide emergency be used to cut taxes and reduce the cational institution to which the vet- help to family farmers, and help the el- debt, but some should be used to ad- eran could gain admittance, PLUS a derly afford prescription drug costs. dress other urgent needs that improve monthly stipend equivalent to $500 in There is an effort by some to frame our country. 2001 dollars, $750 for married veterans. this tax cut debate in terms of whether This debate is larger and more impor- We thus find ourselves in an anoma- one supports the President. But it is tant than partisan politics. And these lous situation: at the same time that not about who we support. Rather, it’s decisions are bigger than whether the the Government is ramping up its sup- about what we support. What kind of a Congress is supporting a new Presi- port and subsidy for non-veterans seek- tax cut should we enact and how large dent. ing college educations, the program should it be? Our country works best when we that started this whole thing, and Here’s what I think we should do: think ahead and think together. That which provides key benefits for those One, enact the income tax cut in is what we need to do on this issue. who put their lives at risk for the phases. The projected 10 year budget f country, is lagging way behind. surpluses are just that, projections, VETERANS’ HIGHER EDUCATION The Veterans’ Higher Education Op- and are not at all certain. Therefore we OPPORTUNITIES ACT OF 2001 portunities Act of 2001 goes a long way should be conservative. Enact the first Mr. BIDEN. Mr. President, I am priv- toward redressing this situation. The phase of the tax cut now, and make it ileged to be a cosponsor of the Vet- key provision of this bill is quite sim- retroactive to January 1. In 2 years, if erans’ Higher Education Opportunities ple: the total VA educational stipend our economy is still producing the ex- Act of 2001, S. 131, and I will explain under the Montgomery GI Bill will be pected surpluses, add to the tax cut. why this legislation is so important. increased to a level equal to the aver- Two, cut income tax rates and do it No one from either side of the aisle age cost of tuition at 4-year public col- in a way that provides fair tax cuts for questions the importance of education leges. In other words, the standard 36 all tax brackets. as the steppingstone to success in the months of GI bill benefits will be suffi- Three, eliminate the marriage tax 21st century. We all know that the cient to allow a veteran to attend col- penalty in the income tax code. economy of the future is going to re- lege and complete a degree. Four, simplify filing requirements by quire people with specialized training The Veterans Higher Education Op- allowing ‘‘return free filing’’ for up to and skills, while the unskilled labor portunities Act of 2001 provides the 70 million Americans. that typified the 18th and 19th cen- minimal benefit that we should be of- Five, totally exempt all family farms turies is becoming less and less useful. fering to those who are willing to make and family businesses from the estate In this regard, it is hardly surprising the ultimate sacrifice to keep our tax and increase the estate tax exemp- that Congress is flooded with proposals country free and prosperous, and I en- tion to two million dollars for all es- to enhance access to high-quality ele- courage my colleagues to support it. tates—$4 million for married couples. mentary education, secondary edu- f Six, add a tax credit for investments cation, and higher education. I myself that are made in rural States, where FARMERS AND RANCHERS ON have strongly supported expansion of NATIONAL AGRICULTURE there is out-migration of people. We Pell Grants, broadening of student should use this opportunity to use tax loans, and tax incentives to help fami- Mr. JOHNSON. Mr. President, today cuts to stimulate new jobs and eco- lies pay for a college education. marks National Agriculture Day. Un- nomic growth in rural states that have As we rightly promote the impor- fortunately, what should be a celebra- been left behind. tance of government help for higher tion is instead overshadowed by the Here are some of the major issues education, it might be useful to recall grim reality that many of the hard- that we must consider as we enact this that one of the first, and most success- working families producing food for tax cut. ful, of these higher education initia- this Nation and world are having a dif- The President’s plan assumes we will tives was the GI bill that was enacted ficult time making ends meet. have budget surpluses for the next 10 back in 1944. Following World War II, I salute our farmers and ranchers for years. I hope that is the case, but with millions of veterans were able to ob- many reasons. First, Americans spend the current slowdown in our economy, tain college educations through the GI less than anyone in the world on their we ought to be cautious. Economic bill, with the result that many were grocery bill. Roughly 11 percent of our forecasts are no more reliable than able to attain a standard of living they household income is spent on food, and weather forecasts. If we lock in a large could not have imagined. Furthermore, it takes a mere 38 days to earn enough tax cut and then do not get the ex- all this college-trained talent contrib- income to pay a food bill for the entire pected surpluses, we will once again uted to the burst of economic advances year. We truly enjoy the most nutri- put our country in financial trouble. that improved life for all of us over the tious, affordable, and stable food sup- One of the major priorities for using ensuing decades. ply in the world. the surplus should be to pay down the Fast forward 57 years. We still have a Furthermore, the American eco- Federal debt. It grew by trillions in the GI bill, and in our highly successful all- nomic engine depends upon a strong 80s and early 90s. Now we have the op- volunteer military, it turns out that agricultural sector to run on all cyl- portunity and an obligation to use part the single most important factor that inders. Indeed the agricultural econ- of these surpluses to pay down that attracts many young people to join the omy is central to my State’s prosperity debt. military is the availability of edu- or adversity. According to South Da- Our Government collects about $1 cational benefits after discharge. Yet kota State University, the multiplied trillion in personal income taxes and the current GI bill suffers from one big value of agriculture’s impact on South about $650 billion in payroll taxes from flaw: the educational stipend is no Dakota’s economy was $16 billion in individuals each year. The top 1 per- longer sufficient to pay for the cost of 1999, one-fourth of our total economic cent of all income earners in the U.S. a college education. output and more than double that of

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2576 CONGRESSIONAL RECORD — SENATE March 20, 2001 any other industry in my State. I be- funding for emergency aid or a farm Congress should move to address this lieve the public institutions and pri- bill rewrite. This seems ironic, since issue in earnest. vate businesses that lay the foundation every major farm group has sent my- Former President Eisenhower once for rural communities thrive only self and others on the Senate Budget said, ‘‘farming looks mighty easy when when we have a strong base of inde- Committee a letter agreeing that your plow is a pencil and you’re a thou- pendent family farmers and ranchers in roughly $10 billion per year will be sand miles away from a farm.’’ Because South Dakota. needed to modify the farm bill for fu- we live in a country where the food is Finally, agricultural producers are ture years, and that around $9 billion is safe and affordable, and the environ- the day-to-day stewards of our land. needed in fiscal year 2001 to offset in- ment is not taken for granted, perhaps Environmental and conservation bene- come losses due to low prices and failed some have forgotten President Eisen- fits like clean water and air, rich soil, farm safety-net policies. hower’s simple yet honest-to-goodness and diverse wildlife habitat are enjoyed Already, these farm groups and some words. by the public largely due to the care Members of Congress are suggesting So today, let us not overlook the and management of family farmers and that we will simply assemble a fourth critical role farmers and ranchers play ranchers. consecutive aid package for farmers in in weaving the economic, social, and So, why aren’t we truly celebrating 2001. I will support this imperative aid environmental fabric of this country. National Agriculture Day? when the time comes, but suggest Instead, I join all Americans to salute Because current economic conditions American farmers and taxpayers de- farmers and ranchers on National Agri- are poised to squeeze many of South serve better. These ad hoc emergency culture Day. And I invite all Ameri- Dakota’s 32,500 farmers and ranchers bills, totaling billions of dollars each cans to support efforts to ensure a right out of business—conditions set to year, are a poor excuse for a long term brighter future for the families who reverberate across the entire country. policy fix. I believe Congress can and put food on our tables every day. Absent farm aid and long-term farm should amend current farm policy im- f policy fixes that provide true economic mediately to provide a more predict- CONDEMNATION OF THE security to family farmers and ranch- able, secure safety-net for farmers now. TALIBAN’S WAR ON GLOBAL ers, the environmental benefits and One farm bill alternative I have in- CULTURE food security enjoyed by so many in troduced is S. 130, the Flexible Fallow Mr. JOHNSON. Mr. President, I rise this country may not survive on a sus- farm bill amendment. Rep. DOUG BE- today to condemn an act of mindless tained basis. REUTER (R–NE) has introduced an iden- destruction by a regime known for its I believe Congress must take two fun- tical bill in the House. Under my Flex intolerance. I am referring to the re- damental steps to remedy this situa- Fallow bill—an idea developed by two ported destruction of the two ancient tion: modify the farm bill now and South Dakota agricultural producers— statues of Buddha carried out by the strengthen our laws so the market- farmers voluntarily devoting part of Taliban government in Afghanistan place is truly competitive and fair for their total cropland acreage to a con- and the Taliban’s call for complete all. servation use receive greater price sup- elimination of all artifacts in the re- Since 1997, U.S. farmers have experi- port on their remaining crop produc- enced a price crisis of enormous pro- gion. tion. My proposal embodies the plant- The Bamiyan Buddha statues were portions, exacerbated by a series of ing flexibility so popular under ‘‘Free- priceless artifacts. They stood for cen- weather-related disasters in many re- dom to Farm,’’ yet strengthens the un- turies as guardians of the silk route gions of the Nation. Surplus crop pro- derlying farm income safety net. In that connected the ancient Greek and duction, both here and abroad, weak fact, my Flex Fallow bill has been en- Roman Empires to Asia. Once one of global demand, marketplace concentra- dorsed by Iowa State agricultural econ- the most cosmopolitan regions in the tion, and an inadequate farm income omist Neil Harl, who believes the pro- world, Afghanistan is now one of the safety net are prime reasons for this posal works in a market-oriented fash- most intolerant and repressive nations price crisis. ion and said Flex Fallow ‘‘is the miss- due to the actions of the ruling Taliban Moreover, given the input-intensive ing link to the 1996 Farm Bill.’’ faction. The destruction of these 1,500- nature of production agriculture, many Furthermore, I believe agricultural year-old statues was ordered and car- farmers and ranchers are paying more producers want to derive income from ried out for fear that they would be each year for critical inputs like fuel the marketplace, and in order to assure used for idol worship. Destroying those and fertilizer. Corn and wheat farmers that can happen, Congress must restore creations because of an irrational fear in South Dakota may be forced to pay fair competition to crop and livestock motivated by intolerance of other cul- up to twice per acre for fertilizer this markets. The forces of marketplace tures and religions should be con- year, and still not cover enough acres concentration are squeezing inde- demned by thoughtful people every- to boost yields to profit-producing lev- pendent farmers and ranchers out of where. els. This situates farmers in a price- profit opportunities. The country of Afghanistan and the cost squeeze making it nearly impos- The livestock market is one case in global community has lost two of its sible to earn income that covers total point. Meatpacker ownership and cap- greatest treasures, and the world is expenses. tive supply arrangements tend to tran- poorer for it. We cannot tolerate the As a result of an inadequate farm spire outside the cash market. As a re- willful destruction of international bill, Congress has enacted multi-billion sult, the process of bidding in an open treasures that are a part of the world’s dollar disaster programs in the last 3 fashion for the purpose of buying heritage. years—a record $28 billion in fiscal slaughter livestock—which is central People of all faiths and nationalities, year 2000. USDA economists predict to competition—is fading away. As including Muslim communities around 2001 may be the worst year ever. With- such, livestock producers—who depend the world, have condemned this action. out supplemental income or emergency upon competitive bidding to gain a fair It is imperative that the United States aid, USDA estimates that net farm in- price—are forced to either enter into Senate join the people and govern- come in 2001 could approach its lowest contractual, ownership, or marketing ments around the world in condemning level since 1984. Clearly, the 1996 farm arrangements with a packer or find these senseless acts of destruction, and bill fails to provide a meaningful, fis- themselves left out of market opportu- call on the Taliban regime to imme- cally-responsible, safety-net for farm- nities. diately cease the destruction of other ers when prices are poor on an annual I have authored a bipartisan bill, S. Pre-Islamic relics. and sustained basis. 142, with Senators GRASSLEY, THOMAS, f I am concerned that the administra- and DASCHLE to forbid meatpackers tion’s budget blueprint apparently does from engaging in these anticompetitive PRESCRIPTION DRUG SOLUTION not grasp the economic obstacles fac- buying practices. While my legislation MUST BE A PRIORITY ing the Nation’s farmers, ranchers, and is just one of many steps that should Mr. JOHNSON. Mr. President, few rural communities, as illustrated by be taken to bolster our laws to protect issues have caught the public’s atten- the fact that the budget includes zero true market competition, I believe tion more than prescription drugs, and

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2577 few are more deserving of Congress’ at- In each of the 5 years between 1993 and Medicare beneficiaries both in South tention. 1998, prescription drug spending in- Dakota and around the Nation. We live at a time when we can clear- creased by an average of 12.4 percent. f ly discern remarkable benefits from all In 1999, the drug spending increase was manner of drugs. It is nothing short of 19 percent and just last year we saw an- THE VERY BAD DEBT BOXSCORE miraculous when we consider the rel- other double digit increase. My office Mr. HELMS. Mr. President, at the ative ease and success of today’s treat- recently completed a three-year state- close of business yesterday, Monday, ment of common disorders, as com- wide survey of prescription drug prices March 19, 2001, the Federal debt stood pared with that of only two or three in South Dakota, using a sample of the at $5,729,611,586,294.55, five trillion, generations ago. most heavily prescribed drugs for sen- seven hundred twenty-nine billion, six When World War II began, for exam- iors. I was astonished to find that over hundred eleven million, five hundred ple, penicillin and other similar anti- 60 percent of the drugs’ prices grew at eighty-six thousand, two hundred nine- biotics were known only to a small a pace that exceeded the cost-of-living ty-four dollars and fifty-five cents. number of scientists. At the conclusion adjustment provided by Social Secu- Five years ago, March 19, 1996, the of the War in 1945, penicillin was wide- rity, which many Medicare bene- Federal debt stood at $5,058,839,000,000, ly available, used not only for battle ficiaries rely on to meet their daily fi- Five trillion, fifty-eight billion, eight wounds but for infectious diseases in nancial needs. In fact, 30 percent of the hundred thirty-nine million. the general public as well. Patients drugs increased at a pace that was dou- Ten years ago, March 19, 1991, the with high blood pressure or high cho- ble that of the COLA. Federal debt stood at $3,447,165,000,000, lesterol levels were, at best, only par- In response to evidence such as this, three trillion, four hundred forty-seven tially and inadequately treated in the along with having heard from thou- billion, one hundred sixty-five million. 1940s and 1950s. Now success is the rule, sands of concerned South Dakotans af- Fifteen years ago, March 19, 1986, the rather than the exception. Calvin Coo- fected by skyrocketing drug prices, I Federal debt stood at $1,982,540,000,000, lidge’s son died in 1924 as a result of a have recommitted myself to finding a one trillion, nine hundred eighty-two blister and a skin infection after play- solution for the prescription drug needs billion, five hundred forty million. ing tennis at the White House. An in- of all Medicare beneficiaries. As such, I Twenty-five years ago, March 19, fection such as that today would be have reintroduced two bills that com- 1976, the Federal debt stood at treated as simple, outpatient therapy. prise the main pillars of my prescrip- $599,190,000,000, five hundred ninety- While these examples are noteworthy tion drug plan: the Prescription Drug nine billion, one hundred ninety mil- and provide us with a valuable perspec- Fairness for Seniors Act of 2001, and lion, which reflects a debt increase of tive of times gone by, the hard, cold the Generic Pharmaceutical Access and more than $5 trillion— fact is that many of these modern mir- Choice for Consumers Act of 2001. I $5,130,421,586,294.55, five trillion, one acles are still out of the reach of too don’t proclaim these proposals to be hundred thirty billion, four hundred many American citizens. They simply the magic bullet that solves all of our twenty-one million, five hundred cannot afford the drugs that might so nation’s prescription drug concerns but eighty-six thousand, two hundred nine- often prove lifesaving, because of ei- they are sensible, financially reason- ty-four dollars and fifty-five cents, dur- ther no insurance or lack of drug cov- able approaches that should be a part ing the past 25 years. erage within their insurance. of an overall prescription drug plan for f Recent studies indicate that if you go Medicare beneficiaries. The Fairness to virtually any other industrialized bill would provide Medicare bene- ADDITIONAL STATEMENTS democracy, the cost of prescription ficiaries access to prescription drugs at drugs is about half what it is in the the same low prices that drug manufac- A TRIBUTE TO GRACE COLE United States. We pay about double turers offer their most favored cus- what anybody else in the industrialized tomers. As well, I strongly believe we ∑ Mrs. MURRAY. Mr. President, I’m world pays. That to me is so utterly cannot develop a financially feasible sad to inform my colleagues that on unacceptable and unfair. prescription drug benefit without Saturday, March 17th, Washington When Medicare was created 35 years maximizing the utilization of generic State lost a great advocate for fami- ago, its benefits were based on private drugs. My proposal would increase ac- lies, and I lost both a good friend and sector coverage, which rarely included cess and choice in Federal programs by mentor, with the passing of Grace Cole. prescription drugs. Now, however, vir- encouraging greater usage of generic At this difficult time, my heart goes tually all private sector plans include pharamaceuticals as a safe, less costly out to her family including her two coverage for prescription drugs, while alternative to an often expensive brothers, four sons, four daughters in Medicare does not. As a result, many brand-name pharmaceutical. Generic law, and six grandchildren. I want millions of Americans, both Medicare pharmaceutical drugs have been shown them to know what the rest of us have age and younger have either inad- to save consumers between 25 percent known for years: Grace Cole made a equate or no prescription drug insur- and 60 percent on their average pre- difference. We are proud of her and ance at all. A byproduct of no coverage scription drug and this plan would grateful for all she did. And even is that these patients wind up paying greatly benefit many of the most vul- though she’s no longer with us, her ac- the highest rates of anyone—an aver- nerable members of society. tivism and her passion live on in the age of 15 percent more than those with I do believe Congress needs to create men and women she led into public insurance. Many of these uninsureds, a universal, voluntary drug benefit in service. including the seniors often called ‘‘The the Medicare program, one that pro- Well-known and well-loved in Shore- Greatest Generation’’ are not filling vides all Medicare beneficiaries with line, in Olympia, and among families prescriptions because of their cost, affordable coverage for drug costs. Per- and educators throughout our State, choosing between food and medicine. haps most importantly for South Da- Grace Cole set a new standard for pub- Or they split pills in half to make them kota’s Medicare beneficiaries, the plan lic service with strong words and a soft go farther. This is shameful. These are must ensure access for beneficiaries in heart. She led the way for advocates very real every day problems that beg rural and hard-to-serve areas including like me to follow her from the local for help. incentives to rural pharmacies and the school board to the Washington State I strongly believe that all Medicare private entity serving those areas to legislature. And most important, she beneficiaries deserve affordable cov- ensure rapid delivery of prescription made a difference for thousands of fam- erage and financial protection as pre- drugs. ilies throughout our state by standing scription drugs costs grow at double- I believe that these efforts are both up for education, the environment and digit rates. Astronomical drug prices comprehensive and achievable in the social justice. have come hand-in-hand with the great 107th Congress, and I will work closely Mr. President, today moms and dads improvements in drug therapy. Spend- with my colleagues to accomplish my who serve their communities in Wash- ing for prescription drugs in the United personal goal of ensuring access to af- ington State know they can go on to States doubled between 1990 and 1998. fordable prescription drugs for all serve at the State and Federal level.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2578 CONGRESSIONAL RECORD — SENATE March 20, 2001 Years ago, however, that path wasn’t pia, then return home to attend com- outstanding individual and example for so clear. Grace Cole blazed that trail munity meetings and to help others. others. Her service, and commitment and then helped others like me follow During all her public service though, to service, is something of which we her into public service. When I look at Grace made sure to always put her kids should all be proud.∑ the Washington state legislature, I see first. f the impact Grace Cole has made. For me, Grace was a perfect example SIMPLOT GAMES I first met Grace in the early 1980s of selfless community service. Today’s when I started attending Shoreline leaders are too often judged on how ∑ Mr. CRAIG. Mr. President, I would School Board meetings. During her much press they get or how ‘‘visible’’ like to use this occasion to recognize many years of service on the school they are. Grace was the person who and commend the premier indoor high board, Grace was a strong and honest worked behind the scenes to make peo- school track and field event in the Na- voice who always came down on the ple’s lives better. tion. Found in my very own backyard, side of our children. I will miss Grace. She always knew the Simplot Games are held annually When I decided to run for the Shore- the right thing to say, and she was at Holt Arena on the campus of Idaho line School Board, Grace encouraged never afraid of tough votes. She didn’t State University in Pocatello, ID. For me and counseled me. During the time have to be. She knew to do the right the past twenty-three consecutive I served with Grace on the school thing. Grace showed me and countless years, the Simplot Games have pro- board, she always made sure we were others the path to public service. Over vided an opportunity for thousands of youths to compete with top-ranked acting in the best interests of those we the years, so many have followed her— athletes from every corner of the served. Grace knew just what to say, starting in PTA, serving on the school United States and Canada in a nur- and on many occasions, her wise words board, and then going to Olympia to turing and supportive environment. helped ease tense moments. fight for their communities. Run almost solely by volunteers, the In 1983, Grace was appointed to the I know that at this difficult time her Games are a source of inspiration and House of Representatives. She was re- four sons and their families feel tre- pride for all participants. The J. R. elected seven times and retired in 1998. mendous sorrow. We all do, but Simplot Company, a sponsor of the As long as Grace served in the House, I through her work Grace left us so Games, should be applauded for its knew Washington’s children had a much to be proud of: a strong commu- dedication to the athletes, not only fi- strong advocate. nity of good schools, good neighbor- In 1987, I decided to run for the Wash- nancially, but for providing such a hoods, and good friends. stage to showcase so many talented ington State Senate. Once again, Grace Grace had such a strong and positive young people from around the nation. was there for me as a counselor, a sup- spirit that I have a feeling wherever The Simplot Games are held annu- porter, and a friend. Even though she she is, she’s organizing a coffee get-to- ally during the third weekend of Feb- was running for reelection at the same gether to make sure everyone is doing ruary on the fastest indoor track in the time, Grace took the time to make the right thing. If there are envelopes country. It is certain a few national sure that I and others could follow in to lick, phone calls to make, or laws to records will be broken every year be- her footsteps. That is the way Grace write, I am sure Grace is making sure fore a cheering crowd of thousands, not was. She set a path and helped us fol- it gets done. to mention the national television au- low it. I feel fortunate to have known Grace. dience. I had the opportunity to attend Grace Cole also set a new standard I am proud to call her a mentor and the games this year and witness first- ∑ for what it means to be an outstanding guide, and I will miss her greatly. hand the camaraderie and team spirit school board member. In fact, new f these exceptional young adults dis- members of the Shoreline School Board RECOGNITION OF LEA played. It was impossible not to be are often measured by the ‘‘Grace Cole caught up in the excitement of this Standard.’’ I’ve heard people say of new MIHALEVICH ∑ unique event. members, ‘‘She’ll be great—just like Mr. BOND. Mr. President, I rise to The Simplot Games are sanctioned Grace Cole.’’ In 1998, the Shoreline make a few remarks regarding the tre- by USA Track and Field, and awards School Board honored Grace with its mendous contributions Norma Lea are presented to contenders finishing first Distinguished Service Award. Mihalevich has made to her commu- in the top six places of their respective What made Grace Cole such an icon? nity, her state, and to public edu- events. The Games are not just about First, she knew how to lead. She lis- cation. athletics, but also about providing tened to all sides, helped bring people It isn’t often that we can recognize guidance and advice to the young com- together, and knew how to put people someone who has devoted her life to petitors. Many notable athletes of at ease. She was also a community public service, but Norma Lea Olympic and professional fame make a builder. She worked side-by-side with Mihalevich has done just that. As a personal commitment to be a positive other parents to pass school levies. She lifelong resident of Pulaski County in influence on the participants through put labels on letters and walked Missouri, Norma Lea has spent the their work with the Simplot Games. through neighborhoods knocking on past 24 years in Crocker, MO as Mayor. This year, Olympians included: Al doors to ensure voters would go to the Her continued re-election has been a Joyner, Honorary Chairman of the polls. stamp of approval on the outstanding Simplot Games and 1984 Gold Medalist Most of all, Grace was compassionate job she has done. in the triple jump; Dick Fosbury, 1968 and caring. Her passion for children Norma Lea Mihalevich has also dem- Gold Medalist in the high jump and drove everything she did. I remember onstrated her commitment to public U.S. Olympic Hall of Famer; her bill in the state legislature to out- education by her service on the Crock- Paralympian Marlon Shirley, 2000 Gold law spanking in schools. It seemed like er R–II Board of Education for the past Medalist in the 100-meter dash; Andre such an uphill battle, but Grace would forty-nine years. In addition, she has Phillip, 1988 gold medalist in the 400- always say, ‘‘Kids need to learn by ex- served as a member of the Missouri meter hurdles; and Dan O’Brien, 1996 ample.’’ She said that over and over School Boards’ Association’s Board of Gold Medalist in the decathlon and again for years until her bill finally Directors for eleven years. Ms. University of Idaho graduate. passed. The bill’s opponents eventually Mihalevich knows that the key to im- In conjunction with the Games, the went along because they realized that proving public education is public in- Adidas Golden Spike Invitational meet Grace Cole would never give up on volvement on the local level. She has was held during the Simplot events. something she believed in. definitely led by example and in 1985 This professional event brought a hefty In the State legislature, Grace won she was named as Missouri Pioneer in number of world class athletes to Poca- the respect of all lawmakers on both Education by the Missouri Department tello to challenge each other for quali- sides of the aisle. I knew that her time of Elementary and Secondary Edu- fying marks for the 2004 Summer in the House was a personal sacrifice cation. Olympic Games. Through the competi- for her. She had to leave her family in It is an honor for me to tell my col- tion, one hometown favorite was a par- Shoreline to work long hours in Olym- leagues about Norma Lea. She is an ticular bright spot: Stacy Dragila, 2000

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2579 Olympic Gold Medalist in women’s pole 15 percent who work in the service sec- fice of Energy Efficiency and Renewable En- vaulting, eclipsed her own world record tor. Other members work in the trans- ergy, Department of Energy, transmitting, of fifteen feet, five inches, by a full portation, utilities, retail, finance, in- pursuant to law, the report of a rule entitled surance, health, real estate, construc- ‘‘Energy Conservation Program for Con- inch and three quarters. sumer Products; Central Air Conditioners Next year the Simplot Games will be tion, and technology industries. and Heat Pumps Energy Conservation Stand- held February 14–16. I encourage all I want to commend the members of ards’’ (RIN1904–AA77) received on March 19, who compete or have sons and daugh- SHRM for taking time out of their de- 2001; to the Committee on Energy and Nat- ters that compete in track and field to manding daily lives to come to Wash- ural Resources. participate in this world-class event. If ington, D.C. to speak with their Sen- EC–1010. A communication from the Sec- you cannot make the competition, or ators and Representatives regarding retary of the Navy, Department of Defense, cheer from a seat in the arena, I invite the issues that affect their profession. transmitting, pursuant to law, a report of As a legislator, I cannot stress enough Determination and Findings; to the Com- you to watch this exciting and uplift- mittee on Armed Services. ing event unfold from your own living the importance of legislative con- EC–1011. A communication from the Acting room on television. I am proud that my ferences through which members of as- Assistant Attorney General, Office of Legis- state of Idaho is the home of this won- sociations like the Society for Human lative Affairs, Department of Justice, trans- derful event and its sponsor, the J.R. Resource Management come to our na- mitting, pursuant to law, the annual report Simplot. I am also proud of all the ath- tion’s capital to participate in the leg- concerning the prison impact assessment for islative process. Citizen participation 2000; to the Committee on the Judiciary. letes who compete, not only with the EC–1012. A communication from the Direc- other participants but with them- is a crucial component of the legisla- tor of the Office of Management and Budget, selves, to be the best. It is encouraging tive process because it allows legisla- Executive Office of the President, transmit- for all Americans to see how our chil- tors and their staff to hear their con- ting, pursuant to law, the cumulative report dren are capable of rising above our ex- stituents explain their experiences as on rescissions and deferrals dated March 16, pectations and accomplish great they live and work under our nation’s 2001; transmitted jointly, pursuant to the things. laws. The knowledge that legislators order of January 30, 1975, as modified by the gain through these conversations re- order of April 11, 1986; to the Committees on While I have the focus on Pocatello the Budget; Appropriations; the Judiciary; and Idaho State University, I would sults in sounder legislation and, ulti- and Foreign Relations. like to congratulate the ISU women’s mately, a stronger democracy. Accord- EC–1013. A communication from the Acting basketball team for earning its first ingly, I sincerely thank the members of Executive Director of the Commodity Fu- berth ever to the NCAA Women’s Tour- SHRM for their commitment not only tures Trading Commission, transmitting, nament. The Bengals went undefeated to their profession but to the political pursuant to law, the report of a rule entitled in the Big Sky Conference this year process.∑ ‘‘Delegation of Authority to Disclose and Re- quest Information’’ received on March 19, and tied the nation’s longest winning f 2001; to the Committee on Agriculture, Nu- streak this season with 21 straight vic- EXECUTIVE AND OTHER trition, and Forestry. tories. Despite ISU’s first round loss to COMMUNICATIONS EC–1014. A communication from the Acting Vanderbilt, the Bengals showed a lot of Executive Director of the Commodity Fu- heart and determination, and I am The following communications were tures Trading Commission, transmitting, proud of all they accomplished this laid before the Senate, together with pursuant to law, the report of a rule entitled ‘‘Amendments to the Daily Computation of year.∑ accompanying papers, reports, and doc- uments, which were referred as indi- the Amount of Customer Funds Required to f cated: be Segregated’’ received on March 19, 2001; to SHRM VISIT TO CAPITAL the Committee on Agriculture, Nutrition, EC–1005. A communication from the Assist- and Forestry. ∑ Mr. HUTCHINSON. Mr. President, I ant General Counsel for Regulatory Law, Of- EC–1015. A communication from the Acting rise today to welcome the members of fice of Energy Efficiency and Renewable En- Executive Director of the Commodity Fu- the Society for Human Resource Man- ergy, Department of Energy, transmitting, tures Trading Commission, transmitting, pursuant to law, the report of a rule entitled agement, SHRM, to Washington for pursuant to law, the report of a rule entitled ‘‘Energy Conservation Program for Con- ‘‘Amendments to the Daily Computation of their 18th Annual Employment Law sumer Products; Clothes Washer Energy Con- the Amount of Customer Funds Required to and Legislative Conference. Today, servation Standards’’ (RIN1904–AA67) re- be Segregated’’ (RIN3038–AB52) received on close to 300 SHRM members will visit ceived on March 19, 2001; to the Committee March 19, 2001; to the Committee on Agri- Capitol Hill to share their views on and on Energy and Natural Resources. culture, Nutrition, and Forestry. experience with issues such as the EC–1006. A communication from the Assist- EC–1016. A communication from the Acting Family and Medical Leave Act, health ant General Counsel for Regulatory Law, Of- General Counsel, Office of New Markets Ven- fice of Energy Efficiency and Renewable En- care, the Fair Labor Standards Act, ture Capital, Small Business Administration, ergy, Department of Energy, transmitting, transmitting, pursuant to law, the report of pension reform, and Section 127 edu- pursuant to law, the report of a rule entitled a rule entitled ‘‘New Markets Venture Cap- cational assistance. ‘‘Energy Conservation Program for Commer- ital Program’’ (RIN3254–AE40) received on The Society for Human Resource cial and Industrial Equipment; Efficiency March 19, 2001; to the Committee on Small Management, SHRM, is a strong voice Standards for Commercial Heating, Air Con- Business. for the human resource profession. ditioning and Water Heating Equipment’’ EC–1017. A communication from the Acting SHRM represents its members on (RIN1904–AB06) received on March 19, 2001; to General Counsel, Office of New Markets Ven- issues affecting the workplace, employ- the Committee on Energy and Natural Re- ture Capital, Small Business Administration, sources. transmitting, pursuant to law, the report of ment, employers, and employees. It EC–1007. A communication from the Assist- a rule entitled ‘‘HUBZone Program—Amend- also provides them with invaluable ant General Counsel for Regulatory Law, Of- ments’’ (RIN3254–AE28) received on March 19, services such as government and media fice of Energy Efficiency and Renewable En- 2001; to the Committee on Small Business. representation, education and informa- ergy, Department of Energy, transmitting, EC–1018. A communication from the Acting tion services, conferences and semi- pursuant to law, the report of a rule entitled General Counsel, Office of New Markets Ven- nars, online services, and publications. ‘‘Alternate Fuel Transportation Program; ture Capital, Small Business Administration, SHRM was founded 52 years ago by a Biodiesel Fuel Use Credit’’ (RIN1904–AB00) transmitting, pursuant to law, the report of small group of ‘‘personnel’’ officers to received on March 19, 2001; to the Committee a rule entitled ‘‘New Markets Venture Cap- on Energy and Natural Resources. ital Program; Delay of Effective Date’’ help the nation work through its post EC–1008. A communication from the Assist- (RIN3254–AE62) received on March 19, 2001; to WW II labor-management challenges ant General Counsel for Regulatory Law, Of- the Committee on Small Business. and improve the professionalism of the fice of Energy Efficiency and Renewable En- EC–1019. A communication from the Direc- industry. Today, SHRM’s membership ergy, Department of Energy, transmitting, tor of the Fish and Wildlife Service, Depart- includes over 155,000 human resource pursuant to law, the report of a rule entitled ment of the Interior, transmitting, pursuant professionals in all fifty states and ‘‘Contractor Legal Management Require- to law, the report of a rule entitled ‘‘Endan- ranges from small one-person con- ments; Department of Energy Acquisition gered and Threatened Wildlife and Plants; Final Rule to Remove the Aleutian Canada sulting firms to Fortune 500 companies. Regulation’’ (RIN1990–AA27) received on March 19, 2001; to the Committee on Energy Goose from the Federal List of Endangered SHRM’s members also represent a wide and Natural Resources. and Threatened Wildlife’’ (RIN1018–AF42) re- variety of industries, from the 25 per- EC–1009. A communication from the Assist- ceived on March 15, 2001; to the Committee cent who work in manufacturing to the ant General Counsel for Regulatory Law, Of- on Environment and Public Works.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2580 CONGRESSIONAL RECORD — SENATE March 20, 2001 EC–1020. A communication from the Dep- mitting, pursuant to law, the annual per- Administration, transmitting, pursuant to uty Associate Administrator of the Environ- formance report for Fiscal Year 2000; to the law, the report of a rule entitled ‘‘Commu- mental Protection Agency, transmitting, Committee on Health, Education, Labor, and nity Development Revolving Loan Program pursuant to law, the report of a rule entitled Pensions. For Credit Unions’’ (12 CFR Part 705) re- ‘‘Clean Air Act Full Approval of Operating EC–1033. A communication from the Acting ceived on March 19, 2001; to the Committee Permit Program; Tennessee and Memphis- Assistant Secretary of the Occupational on Banking, Housing, and Urban Affairs. Shelby County’’ (FRL6956–6) received on Safety and Health Administration, Depart- EC–1043. A communication from the Acting March 15, 2001; to the Committee on Environ- ment of Labor , transmitting, pursuant to General Counsel of the Federal Emergency ment and Public Works. law, the report of a rule entitled ‘‘Notice of Management Agency, transmitting, pursuant EC–1021. A communication from the Dep- Initial Approval Determination; New Jersey to law, the report of a rule entitled ‘‘Suspen- uty Associate Administrator of the Environ- Public Employee Only State Plan’’ (RIN1218– sion of Community Eligibilitys’’ (66 FR mental Protection Agency, transmitting, a AB98) received on March 15, 2001; to the Com- 10586) received on March 19, 2001; to the Com- report entitled ‘‘Lead-Based Paint Activities mittee on Health, Education, Labor, and mittee on Banking, Housing, and Urban Af- in Target Housing and Child-Occupied Facili- Pensions. fairs. ties; Approval of State of Indian Lead Activi- EC–1034. A communication from the Direc- EC–1044. A communication from the Acting ties Program’’; to the Committee on Envi- tor of Regulations Policy and Management, General Counsel of the Federal Emergency ronment and Public Works. Food and Drug Administration, Department Management Agency, transmitting, pursuant EC–1022. A communication from the Acting of Health and Human Services, transmitting, to law, the report of a rule entitled ‘‘Final Secretary of the Army, Department of De- pursuant to law, the report of a rule entitled Flood Elevation Determinations’’ (66 FR fense, transmitting, a report concerning the ‘‘Food Additives Permitted for Direct Addi- 10596) received on March 19, 2001; to the Com- New York and New Jersey Harbor Navigation tion to Food for Human Consumption; Di- mittee on Banking, Housing, and Urban Af- Study; to the Committee on Environment methyl Dicarbonate’’ (Docket No. 00F–0812) fairs. and Public Works. received on March 19, 2001; to the Committee EC–1045. A communication from the Acting EC–1023. A communication from the Chief on Health, Education, Labor, and Pensions. General Counsel of the Federal Emergency of the Regulation Unit, Internal Revenue EC–1035. A communication from the Direc- Management Agency, transmitting, pursuant Service, Department of the Treasury, trans- tor of Regulations Policy and Management, to law, the report of a rule entitled ‘‘Changes mitting, pursuant to law, the report of a rule Food and Drug Administration, Department in Flood Elevation Determinations’’ (66 FR entitled ‘‘Fringe Benefits Aircraft Valuation of Health and Human Services, transmitting, 10592) received on March 19, 2001; to the Com- Formula’’ (Rev. Rul. 2001–13) received on pursuant to law, the report of a rule entitled mittee on Banking, Housing, and Urban Af- March 16, 2001; to the Committee on Finance. ‘‘Food Additives Permitted for Direct Addi- fairs. EC–1024. A communication from the Dep- tion to Food for Human Consumption; EC–1046. A communication from the Acting uty Executive Secretary to the Department, Natamycin (Pimaricin)’’ (Docket No. 00F– General Counsel of the Federal Emergency Health Care Financing Administration, De- 0175) received on March 19, 2001; to the Com- Management Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Changes partment of Health and Human Services, mittee on Health, Education, Labor, and in Flood Elevation Determination’’ (66 FR transmitting, pursuant to law, the report of Pensions. a rule entitled ‘‘Medicare and Medicaid Pro- EC–1036. A communication from the Direc- 10590) received on March 19, 2001; to the Com- grams: Physicians Referrals to Health Care tor of Regulations Policy and Management, mittee on Banking, Housing, and Urban Af- Entities with which They Have Financial Re- Food and Drug Administration, Department fairs. EC–1047. A communication from the Acting lationships: Delay of Effective Date’’ re- of Health and Human Services, transmitting, General Counsel of the Federal Emergency ceived on March 19, 2001; to the Committee pursuant to law, the report of a rule entitled Management Agency, transmitting, pursuant on Finance. ‘‘Human Cells, Tissues, and Cellular and Tis- to law, the report of a rule entitled ‘‘Changes EC–1025. A communication from the Chair- sue-Based Products ; Establishment Reg- in Flood Elevation Determinations’’ (66 FR man of the International Trade Commission, istration and Listing’’ (Docket No. 98N–1042) 10588) received on March 19, 2001; to the Com- transmitting, pursuant to law, a report enti- received on March 19, 2001; to the Committee mittee on Banking, Housing, and Urban Af- tled ‘‘Lamb Meat: Monitoring Developments on Health, Education, Labor, and Pensions. fairs. in the Domestic Industry’’; to the Com- EC–1037. A communication from the Direc- EC–1048. A communication from the Acting mittee on Finance. tor of Regulations Policy and Management, Assistant Secretary for Administration and EC–1026. A communication from the Sec- Food and Drug Administration, Department Management, Department of Labor, trans- retary of Health and Human Services, trans- of Health and Human Services, transmitting, mitting, pursuant to law, the annual report mitting, pursuant to law, a report entitled pursuant to law, the report of a rule entitled concerning inventory of commercial activi- ‘‘Social Health Maintenance Organizations: ‘‘Irradiation in the Production, Processing, ties for 2000; to the Committee on Govern- Transition into Medicare+Choice’’; to the and Handling of Food’’ (Docket No. 00F–0789) mental Affairs. Committee on Finance. received on March 19, 2001; to the Committee EC–1049. A communication from the Acting EC–1027. A communication from the Acting on Health, Education, Labor, and Pensions. Assistant Secretary on Policy, Management Assistant Secretary of Legislative Affairs, EC–1038. A communication from the Direc- and Budget, Department of the Interior, transmitting, pursuant to law, a report con- tor of Regulations Policy and Management, transmitting, pursuant to law, a report con- cerning the promulgation of an interim rule Food and Drug Administration, Department cerning the inventory of commercial activi- which amends 22 CFR 41.2(i); to the Com- of Health and Human Services, transmitting, ties for Fiscal Year 2000; to the Committee mittee on Foreign Relations. pursuant to law, the report of a rule entitled on Governmental Affairs. EC–1028. A communication from the Acting ‘‘Indirect Food Additives: Adhesives and EC–1050. A communication from the Acting Director of the Peace Corps, transmitting, Components of Coatings and Paper and Pa- Assistant Secretary for Management and pursuant to law, a report concerning the perboard Components’’ (Docket No. 99F–2081) Chief Information Officer, Department of the Strategic Plan under the Government Per- received on March 19, 2001; to the Committee Treasury, transmitting, pursuant to law, the formance and Results Act for Fiscal Year on Health, Education, Labor, and Pensions. annual report on the inventory of commer- 2000 through 2005; to the Committee on For- EC–1039. A communication from the Assist- cial activities for year 2000; to the Com- eign Relations. ant Secretary of Housing-Federal Housing mittee on Governmental Affairs. EC–1029. A communication from the Assist- Commissioner, Department of Housing and EC–1051. A communication from the Ad- ant Legal Adviser for Treaty Affairs, Depart- Urban Development, transmitting, pursuant ministrator of the National Aeronautics and ment of State, transmitting, pursuant to to law, the annual report on management re- Space Administration, transmitting, pursu- law, the report of the texts and background form for Fiscal Year 2001; to the Committee ant to law, the annual Accountability Re- statements of international agreements, on Banking, Housing, and Urban Affairs. port for Fiscal Year 2000; to the Committee other than treaties; to the Committee on EC–1040. A communication from the Man- on Governmental Affairs. Foreign Relations. aging Director of the Federal Housing Fi- EC–1052. A communication from the Execu- EC–1030. A communication from the Assist- nance Board, transmitting, pursuant to law, tive Director of the Committee for Purchase ant Legal Adviser for Treaty Affairs, Depart- the report of a rule entitled ‘‘Capital Re- From People Who Are Blind or Severely Dis- ment of State, transmitting, pursuant to quirements for Federal Home Loan Banks’’ abled, transmitting, pursuant to law, the re- law, the report of the texts and background (RIN3069–AB01) received on March 19, 2001; to port of additions to the procurement list re- statements of international agreements, the Committee on Banking , Housing, and ceived on March 19, 2001; to the Committee other than treaties; to the Committee on Urban Affairs. on Governmental Affairs. Foreign Relations. EC–1041. A communication from the Gen- EC–1053. A communication from the Man- EC–1031. A communication from the Assist- eral Counsel of the National Credit Union aging Director of the Federal Housing Fi- ant Legal Adviser for Treaty Affairs, Depart- Administration, transmitting, pursuant to nance Board, transmitting, pursuant to law, ment of State, transmitting, pursuant to law, the report of a rule entitled ‘‘Guidelines the Board’s report under the Government in law, the report of the texts and background for Safeguarding Member Information’’ (12 the Sunshine Act for calendar years 1999 and statements of international agreements, CFR Part 748) received on March 19, 2001; to 2000; to the Committee on Governmental Af- other than treaties; to the Committee on the Committee on Banking, Housing, and fairs. Foreign Relations. Urban Affairs. EC–1054. A communication from the Comp- EC–1032. A communication from the Sec- EC–1042. A communication from the Gen- troller General of the United States, trans- retary of Health and Human Services, trans- eral Counsel of the National Credit Union mitting, pursuant to law, the report of the

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2581 list of General Accounting Office reports for EC–1064. A communication from the Acting EC–1072. A communication from the Acting December 2000; to the Committee on Govern- Director of the Office of Sustainable Fish- Director of the Office of Sustainable Fish- mental Affairs. eries, National Marine Fisheries Service, De- eries, National Marine Fisheries Service, De- EC–1055. A communication from the Acting partment of Commerce, transmitting, pursu- partment of Commerce, transmitting, pursu- Director of Employment Service/Staffing ant to law, the report of a rule entitled ant to law, the report of a rule entitled Policy Division, Office of Personnel Manage- ‘‘Fisheries of the Exclusive Zone Off Alaska; ‘‘Fisheries of the Exclusive Economic Zone ment, transmitting, pursuant to law, the re- Groundfish Fisheries by Vessels Using Hook- Off Alaska; Groundfish by Vessels Using port of a rule entitled ‘‘Repayment of Stu- and-Line Gear in the Gulf of Alaska’’ re- Non-Pelagic Trawl Gear in the Red King dent Loans’’ (RIN3206–AJ12) received on ceived on March 16, 2001; to the Committee Crab Savings Area’’ received on March 16, March 19, 2001; to the Committee on Govern- on Commerce, Science, and Transportation. 2001; to the Committee on Commerce, mental Affairs. EC–1065. A communication from the Acting Science, and Transportation. EC–1056. A communication from the Acting Assistant Administrator for Fisheries, Na- EC–1073. A communication from the Acting Director of Employment Service/Staffing tional Marine Fisheries Service, Department Director of the Office of Sustainable Fish- Policy Division, Office of Personnel Manage- of Commerce, transmitting, pursuant to law, eries, National Marine Fisheries Service, De- ment, transmitting, pursuant to law, the re- the report of a rule entitled ‘‘Fisheries of the partment of Commerce, transmitting, pursu- port of a rule entitled ‘‘Suitability’’ Northeastern United States; Summer Floun- ant to law, the report of a rule entitled (RIN3206–AC19) received on March 19, 2001; to der, Scup, and Black Sea Bass Fisheries; ‘‘NMFS Reduces the Trip Limit in the Com- the Committee on Governmental Affairs. Emergency for the Summer Flounder Fish- mercial Hook-and-Line Fishery for King EC–1057. A communication from the Gen- ery; Extension of and Expiration Date’’ Mackerel in the Southern Florida West eral Counsel of the Federal Retirement (RIN0548–AO32) received on March 16, 2001; to Coast Subzone to 500 lb (227 kg) of King Thrift Investment Board, transmitting, pur- the Committee on Commerce, Science, and Mackerel Per Day in or from the Exclusive suant to law, the report of a rule entitled Transportation. Economic Zone (EEZ)’’ received on March 16, ‘‘Correction of Administrative Errors’’ re- EC–1066. A communication from the Direc- 2001; to the Committee on Commerce, ceived on March 19, 2001; to the Committee tor of the Office of Sustainable Fisheries, Science, and Transportation. on Governmental Affairs. National Marine Fisheries Service, National EC–1074. A communication from the Acting EC–1058. A communication from the Acting Marine Fisheries Service, Department of Director of the Office of Sustainable Fish- Commandant of the United States Coast Commerce, transmitting, pursuant to law, eries, National Marine Fisheries Service, De- Guard, Department of Transportation, trans- the report of a rule entitled ‘‘Closure of the partment of Commerce, transmitting, pursu- mitting, pursuant to law, a report con- Commercial Run-Around Gillnet Fishery for ant to law, the report of a rule entitled cerning the use of the aids to navigation sys- Gulf Group King Mackerel in the EEZ of the ‘‘Fisheries Off West Coast States and in the tem by commercial, recreational, and public Southern Florida West Coast Subzone’’ re- Western Pacific; Coastal Pelagic Species users; to the Committee on Commerce, ceived on March 16, 2001; to the Committee Fisheries; Change in Pacific Mackerel Inci- Science, and Transportation. on Commerce, Science, and Transportation. dental Catch’’ received on March 16, 2001; to EC–1067. A communication from the Acting EC–1059. A communication from the Acting the Committee on Commerce, Science, and Assistant Administrator for Fisheries, Na- Assistant Administrator for Fisheries, Na- Transportation. tional Marine Fisheries Service, Department tional Marine Fisheries Service, Department EC–1075. A communication from the Acting of Commerce, transmitting, pursuant to law, of Commerce, transmitting, pursuant to law, Director of the Office of Sustainable Fish- a report concerning the status of fisheries of the report of a rule entitled ‘‘Fisheries of the eries, National Marine Fisheries Service, De- the United States; to the Committee on Exclusive Economic Zone Off Alaska—Final partment of Commerce, transmitting, pursu- Rule to Implement Amendment 66 to the Commerce , Science, and Transportation. ant to law, the report of a rule entitled Fishery Management Plan of the Bering Sea EC–1060. A communication from the Assist- ‘‘Fisheries of the Exclusive Economic Zone and Aleutian Islands Area (Removes Squid ant Administrator for Fisheries, National Off Alaska; Closure for the Inshore Compo- Allocation to the Western Alaska Commu- Marine Fisheries Service, Office of Sustain- nent Pacific Cod in the Central Regulatory nity Development Quota Program)’’ able Fisheries, Domestic Fisheries Division, Area of the Gulf of Alaska’’ received on (RIN0648–AM72) received on March 16, 2001; to Department of Commerce, transmitting, pur- March 16, 2001; to the Committee on Com- the Committee on Commerce, Science, and suant to law, the report of a rule entitled merce, Science, and Transportation. ‘‘Fisheries of the Northeastern United Transportation. EC–1076. A communication from the Acting EC–1068. A communication from the Acting States; 2001 Fishing Quotas for Atlantic Surf Director of the Office of Sustainable Fish- Assistant Administrator for Fisheries, Na- Clams, Ocean Quahogs, and Marine Mahog- eries, National Marine Fisheries Service, De- tional Marine Fisheries Service, Department any Ocean Quahogs’’ (RIN0648–AM50) re- of Commerce, transmitting, pursuant to law, partment of Commerce, transmitting, pursu- ceived on March 16, 2001; to the Committee the report of a rule entitled ‘‘Fisheries of the ant to law, the report of a rule entitled on Commerce, Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone EC–1061. A communication from the Acting Northeastern United States; Atlantic Mack- erel, Squid, and Butterfish Fisheries; 2001 Off Alaska; Pollock in Statistical Area 630 of Director of the Office of Sustainable Fish- Specifications and Foreign Fishing Restric- the Gulf of Alaska’’ received on March 16, eries, National Marine Fisheries Service, De- tions’’ (RIN0648–AN69) received on March 16, 2001; to the Committee on Commerce, partment of Commerce, transmitting, pursu- 2001; to the Committee on Commerce, Science, and Transportation. ant to law, the report of a rule entitled EC–1077. A communication from the Acting Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone EC–1069. A communication from the Acting Director of the Office of Sustainable Fish- Off Alaska; Groundfish by Vessels Using Assistant Administrator for Fisheries, Na- eries, National Marine Fisheries Service, De- Non-Pelagic Trawl Gear in the Red King tional Marine Fisheries Service, Department partment of Commerce, transmitting, pursu- Crab Savings Subarea’’ received on March 16, of Commerce, transmitting, pursuant to law, ant to law, the report of a rule entitled 2001; to the Committee on Commerce, the report of a rule entitled ‘‘Fisheries of the ‘‘Fisheries of the Exclusive Economic Zone Science, and Transportation. Northeastern United States; Atlantic Sea Off Alaska; Trawling in the Seller Sea Lion EC–1062. A communication from the Acting Scallop Fishery; Extension of Closed Areas’’ Protection Areas in the Western Aleutian Administrator for Ocean Services and Coast- (RIN0648–AO71) received on March 16, 2001; to District of the Bering Sea and Aleutian Is- al Zone Management, National Oceanic and the Committee on Commerce, Science, and lands Management Area’’ received on March Atmospheric Administration, Department of Transportation. 16, 2001; to the Committee on Commerce, Commerce, transmitting, pursuant to law, EC–1070. A communication from the Acting Science, and Transportation. the report of a rule entitled ‘‘Final Rule; No- Assistant Administrator for Fisheries, Na- EC–1078. A communication from the Acting tice of Boundary Expansion; Supplemental tional Marine Fisheries Service, Department Director of the Office of Sustainable Fish- Management Plan’’ (RIN0648–AO18) received of Commerce, transmitting, pursuant to law, eries, National Marine Fisheries Service, De- on March 16, 2001; to the Committee on Com- the report of a rule entitled ‘‘Notice of Funds partment of Commerce, transmitting, pursu- merce, Science, and Transportation. for Financial Assistance for Research and ant to law, the report of a rule entitled ‘‘At- EC–1063. A communication from the Acting Development Projects in the Gulf of Mexico lantic Highly Migratory Species; Regulatory Director of the Office of Sustainable Fish- and Off the United States South Atlantic Adjustments; Technical Amendment’’ eries, National Marine Fisheries Service, De- Coastal States; Marine Fisheries Initiative’’ (RIN0648–A095) received on March 16, 2001; to partment of Commerce, transmitting, pursu- received on March 16, 2001; to the Committee the Committee on Commerce, Science, and ant to law, the report of a rule entitled on Commerce, Science, and Transportation. Transportation. ‘‘Fisheries of the Exclusive Economic Zone EC–1071. A communication from the Acting EC–1079. A communication from the Acting Off Alaska—Closes A Season Directed Atka Assistant Administrator for Fisheries, Na- Director of the Office of Sustainable Fish- Mackerel Fishing in the Western Aleutian tional Marine Fisheries Service, Department eries, National Marine Fisheries Service, De- District of the Bering Sea and Aleutian Is- of Commerce, transmitting, pursuant to law, partment of Commerce, transmitting, pursu- lands Management Area and Opens Trawl the report of a rule entitled ‘‘Fisheries of the ant to law, the report of a rule entitled Gear Fishing in Some Steller Sea Lion Crit- Northeastern United States; Scup and Black ‘‘Fisheries of the Exclusive Economic Zone ical Habitat Areas in the Western Aleutian Sea Bass Fisheries; 2001 Specifications; Com- Off Alaska; Pacific Cod by Vessels Catching District’’ received on March 19, 2001; to the mercial Quota Harvested’’ (RIN0648–AN71) Pacific Cod for Processing by the Inshore Committee on Commerce, Science, and received on March 16, 2001; to the Committee Component in the Western Regulatory Area Transportation. on Commerce, Science, and Transportation. of the Gulf of Alaska’’ received on March 16,

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2582 CONGRESSIONAL RECORD — SENATE March 20, 2001 2001; to the Committee on Commerce, transmitting, pursuant to law, the report of By Mr. BIDEN (for himself, Mr. Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: DEWINE, Mr. LEVIN, Mr. SPECTER, EC–1080. A communication from the Acting Eurocopter France Model EC120B Heli- Mrs. CARNAHAN, Mrs. HUTCHISON, Mr. Director of the Office of Sustainable Fish- copters’’ ((RIN2120–AA64)(2001–0163)) received MILLER, Ms. COLLINS, and Mr. CAR- eries, National Marine Fisheries Service, De- on March 19, 2001; to the Committee on Com- PER): partment of Commerce, transmitting, pursu- merce, Science, and Transportation. S. 570. A bill to establish a permanent Vio- ant to law, the report of a rule entitled EC–1088. A communication from the Pro- lence Against Women Office at the Depart- ‘‘Fisheries of the Exclusive Economic Zone gram Analyst of the Federal Aviation Ad- ment of Justice; to the Committee on the Off Alaska; Trawling in Steller Sea Lion ministration, Department of Transportation, Judiciary. Protection Areas in the Central Aleutian transmitting, pursuant to law, the report of By Mr. THURMOND (for himself, Mr. District of the Bering Sea and Aleutian Is- a rule entitled ‘‘Airworthiness Directives: WARNER, and Mr. ALLEN): lands Management Area’’ received on March Boeing Model 767 Series Airplanes’’ S. 571. A bill to provide for the location of 16, 2001; to the Committee on Commerce, ((RIN2120–AA64)(2001–0162)) received on the National Museum of the United States Science, and Transportation. March 19, 2001; to the Committee on Com- Army; to the Committee on Armed Services. EC–1081. A communication from the Acting merce, Science, and Transportation. By Mr. CHAFEE (for himself, Mr. GRA- Director of the Office of Sustainable Fish- EC–1089. A communication from the Pro- HAM, Mr. HELMS, Mrs. FEINSTEIN, eries, National Marine Fisheries Service, De- gram Analyst of the Federal Aviation Ad- Mrs. HUTCHISON, and Mrs. LINCOLN): partment of Commerce, transmitting, pursu- ministration, Department of Transportation, S. 572. A bill to amend title XIX of the So- ant to law, the report of a rule entitled transmitting, pursuant to law, the report of cial Security Act to extend modifications to ‘‘Fisheries of the Exclusive Economic Zone a rule entitled ‘‘Airworthiness Directives: DSH allotments provided under the Medi- Off Alaska; Closure for the A Season Allow- Boeing Model 737–600, –700, –800, and –700C Se- care, Medicaid, and SCHIP Benefits Improve- ance of Pollock in Statistical Area 610, Gulf ries Airplanes’’ ((RIN2120–AA64)(2001–0161)) ment and Protection Act of 2000; to the Com- of Alaska’’ received on March 16, 2001; to the received on March 19, 2001; to the Committee mittee on Finance. Committee on Commerce, Science, and on Commerce, Science, and Transportation. By Mrs. FEINSTEIN (for herself, Mr. Transportation. EC–1090. A communication from the Pro- CHAFEE, Mr. DURBIN, Mr. REED, Mrs. EC–1082. A communication from the Acting gram Analyst of the Federal Aviation Ad- MURRAY, and Mrs. BOXER): Director of the Office of Sustainable Fish- ministration, Department of Transportation, S. 573. A bill to amend title XIX of the So- eries, National Marine Fisheries Service, De- transmitting, pursuant to law, the report of cial Security Act to allow children enrolled partment of Commerce, transmitting, pursu- a rule entitled ‘‘Airworthiness Directives: in the State children’s health insurance pro- ant to law, the report of a rule entitled ‘‘At- Eurocopter France Model AS350B, B1, B3, Ba, gram to be eligible for benefits under the pe- lantic Highly Migratory Species (HMS) Fish- C, D, D1; ASE55E, F, F1, F2, and N Heli- diatric vaccine distribution program; to the eries; Vessel Monitoring Systems; Delay of copters’’ ((RIN2120–AA64)(2001–0160)) received Committee on Finance. Effectiveness; Request for Comments’’ on March 19, 2001; to the Committee on Com- By Mrs. FEINSTEIN: (RIN0648–AJ67) received on March 16, 2001; to merce, Science, and Transportation. S. 574. A bill to amend titles XIX and XXI the Committee on Commerce, Science, and EC–1091. A communication from the Pro- of the Social Security Act to allow States to Transportation. gram Analyst of the Federal Aviation Ad- provide health benefits coverage for parents EC–1083. A communication from the Acting ministration, Department of Transportation, of children eligible for child health assist- Director of the Office of Sustainable Fish- transmitting, pursuant to law, the report of ance under the State children’s health insur- eries, National Marine Fisheries Service, De- a rule entitled ‘‘Airworthiness Directives: ance program; to the Committee on Finance. partment of Commerce, transmitting, pursu- Pratt and Whitney JT9D Series Turbofan En- By Mrs. FEINSTEIN (for herself and ant to law, the report of a rule entitled gines’’ ((RIN2120–AA64)(2001–0159)) received Ms. SNOWE): S. 575. A bill entitled the ‘‘Hospital Length ‘‘Fisheries of the Exclusive Economic Zone on March 19, 2001; to the Committee on Com- of Stay Act of 2001’’; to the Committee on Off Alaska; Atka Mackerel in the Eastern merce, Science, and Transportation. Health, Education, Labor, and Pensions. Aleutian District and Bering Sea Subarea of EC–1092. A communication from the Pro- gram Analyst of the Federal Aviation Ad- By Mrs. FEINSTEIN: the Bering Sea and Aleutian Islands’’ re- S. 576. A bill to require health insurance ministration, Department of Transportation, ceived on March 16, 2001; to the Committee coverage for certain reconstructive surgery; transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. to the Committee on Health, Education, EC–1084. A communication from the Asso- a rule entitled ‘‘Airworthiness Directives: Labor, and Pensions. ciate Bureau Chief of Wireless Telecommuni- Raytheon Aircraft Company Beech Model By Mrs. FEINSTEIN: cations, Policy and Rules Branch, Federal 1900D Airplanes’’ ((RIN2120–AA64)(2001–0164)) S. 577. A bill to limit the administrative Communications Commission, transmitting, received on March 19, 2001; to the Committee expenses and profits of managed care enti- pursuant to law, the report of a rule entitled on Commerce, Science, and Transportation. ties to not more than 15 percent of premium ‘‘Procedures for Reviewing Request for Re- EC–1093. A communication from the Pro- revenues; to the Committee on Health, Edu- lief from State and Local Regulations Pursu- gram Analyst of the Federal Aviation Ad- cation, Labor, and Pensions. ant to Section 332(c)(7)(B)(v) of the Commu- ministration, Department of Transportation, By Mr. DORGAN: nications Act of 1934’’ (Docket No. 97–192) re- transmitting, pursuant to law, the report of S. 578. A bill to prohibit the Secretary of ceived on March 19, 2001; to the Committee a rule entitled ‘‘Airworthiness Directives: Transportation from amending or otherwise on Commerce, Science, and Transportation. McDonnell Douglas, DC–8–31, –32, –33, –41, –42, modifying the operating certificates of EC–1085. A communication from the Attor- –43, –51, –52, –53, –55, –61, 61F, –62, –62F, –63, major air carriers in connection with a ney Advisor of the Cable Services Bureau, –63F, DC–8F–54, and CD–8F–55 Series Air- merger or acquisition for a period of 2 years, Federal Communications Commission, trans- planes’’ ((RIN2120–AA64)(2001–0158)) received and for other purposes; to the Committee on mitting, pursuant to law, the report of a rule on March 19, 2001; to the Committee on Com- Commerce, Science, and Transportation. entitled ‘‘Carriage of Digital Television merce, Science, and Transportation. By Mr. BIDEN: Broadcast Signals: Amendments to Part 76 of f S. 579. A bill to amend the Mutual Edu- the Commission’s Rules, Implementation of cational and Cultural Exchange Act of 1961 the Satellite Home Viewer Improvement Act INTRODUCTION OF BILLS AND to authorize the Secretary of State to pro- of 1999: Local Broadcast Signal Carriage JOINT RESOLUTIONS vide for the establishment of nonprofit enti- Issues, Application of Network Non-Duplica- The following bills and joint resolu- ties for the Department of State’s inter- tion-Syndicated Exclusivity Sports Blackout tions were introduced, read the first national educational, cultural, and arts pro- Rules to the Satellite Retransmission of and second times by unanimous con- grams; to the Committee on Foreign Rela- Broadcast Signals, First Report and Order tions. and Further Notice of Proposed Rule- sent, and referred as indicated. By Mr. HUTCHINSON: making’’ (Docket Nos. 99–120, 00–96, 00–2) re- By Mr. SESSIONS (for himself, Mr. S. 580. A bill to expedite the construction ceived on March 19, 2001; to the Committee COCHRAN, and Mr. HUTCHINSON): of the World War II memorial in the District on Commerce, Science, and Transportation. S. 568. A bill to amend the Agriculture, of Columbia; to the Committee on Govern- EC–1086. A communication from the Legal Rural Development, Food and Drug Adminis- mental Affairs. Advisor of the Cable Service Bureau, Federal tration, and Related Agencies Appropria- By Mr. FITZGERALD (for himself and Communications Commission, transmitting, tions Act, 2001, to respond to the severe eco- Mrs. CLINTON): pursuant to law, the report of a rule entitled nomic losses being incurred by crop pro- S. 581. A bill to amend title 10, United ‘‘Implementation of the Satellite Home ducers, livestock and poultry producers, and States Code, to authorize Army arsenals to Viewer Improvement Act of 1999: Broadcast greenhouse operators as a result of the sharp undertake to fulfill orders or contracts for Signal Carriage Issues, Retransmission Con- increase in energy costs or input costs from articles or services in advance of the receipt sent Issues’’ (Docket Nos. 99–363, 00–96) re- energy sources; to the Committee on Agri- of payment under certain circumstances; to ceived on March 19, 2001; to the Committee culture, Nutrition, and Forestry. the Committee on Armed Services. on Commerce, Science, and Transportation. By Mr. BURNS: By Ms. LANDRIEU: EC–1087. A communication from the Pro- S. 569. A bill entitled the ‘‘Health Care Ac- S.J. Res. 8. A joint resolution designating gram Analyst of the Federal Aviation Ad- cess Improvement Act’’; to the Committee 2002 as the ‘‘Year of the Rose’’; to the Com- ministration, Department of Transportation, on Finance. mittee on the Judiciary.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2583 By Mrs. BOXER (for herself, Mr. REID, health plans provide coverage for a (Mr. BUNNING) was added as a cosponsor Ms. SNOWE, Mr. JEFFORDS, Ms. COL- minimum hospital stay for of S. 403, a bill to improve the National LINS, Mr. SPECTER, and Mr. CHAFEE): mastectomies and lymph node dissec- Writing Project. S.J. Res. 9. A joint resolution providing for tion for the treatment of breast cancer congressional disapproval of the rule sub- S. 409 mitted by the United States Agency for and coverage for secondary consulta- At the request of Mrs. HUTCHISON, the International Development relating to the tions. name of the Senator from New Hamp- restoration of the Mexico City Policy; to the S. 256 shire (Mr. SMITH) was added as a co- Committee on Foreign Relations. At the request of Ms. SNOWE, the sponsor of S. 409, a bill to amend title f name of the Senator from Washington 38, United States Code, to clarify the ADDITIONAL COSPONSORS (Mrs. MURRAY) was added as a cospon- standards for compensation for Persian sor of S. 256, a bill to amend the Civil Gulf veterans suffering from certain S. 22 Rights Act of 1964 to protect undiagnosed illnesses, and for other At the request of Mr. HAGEL, the breastfeeding by new mothers. purposes. name of the Senator from Idaho (Mr. S. 258 S. 410 CRAIG) was added as a cosponsor of S. At the request of Ms. SNOWE, the At the request of Mr. CRAPO, the 22, a bill to amend the Federal Election name of the Senator from Maryland name of the Senator from Idaho (Mr. Campaign Act of 1971 to provide mean- (Ms. MIKULSKI) was added as a cospon- CRAIG) was added as a cosponsor of S. ingful campaign finance reform sor of S. 258, a bill to amend title XVIII 410, a bill to amend the Violence through requiring better reporting, de- of the Social Security Act to provide Against Women Act of 2000 by expand- creasing the role of soft money, and in- for coverage under the medicare pro- ing legal assistance for victims of vio- creasing individual contribution lim- gram of annual screening pap smear lence grant program to include assist- its, and for other purposes. and screening pelvic exams. ance for victims of dating violence. S. 96 S. 264 S. 413 At the request of Mr. KOHL, the name At the request of Ms. SNOWE, the At the request of Mr. COCHRAN, the of the Senator from Massachusetts name of the Senator from Maryland name of the Senator from North Da- (Mr. KENNEDY) was added as a cospon- (Ms. MIKULSKI) was added as a cospon- kota (Mr. CONRAD) was added as a co- sor of S. 96, a bill to ensure that em- sor of S. 264, a bill to amend title XVIII sponsor of S. 413, a bill to amend part ployees of traveling sales crews are of the Social Security Act to expand F of title X of the Elementary and Sec- protected under there Fair Labor coverage of bone mass measurements ondary Education Act of 1965 to im- Standards Act of 1938 and under other under part B of the medicare program prove and refocus civic education, and provisions of law. to all individuals at clinical risk for for other purposes. S. 125 osteoporosis. S. 488 At the request of Mr. JOHNSON, the S. 281 At the request of Mr. ALLEN, the name of the Senator from Minnesota At the request of Mr. HAGEL, the name of the Senator from Texas (Mrs. (Mr. DAYTON) was added as a cosponsor names of the Senator from California HUTCHISON) was added as a cosponsor of of S. 125, a bill to provide substantial (Mrs. FEINSTEIN), the Senator from S. 488, a bill to amend the Internal reductions in the price of prescription North Carolina (Mr. EDWARDS), the Revenue Code of 1986 to provide for a drugs for medicare beneficiaries. Senator from Connecticut (Mr. LIEBER- refundable education opportunity tax S. 149 MAN), the Senator from Missouri (Mr. credit. NZI At the request of Mr. E , the name BOND), and the Senator from Kentucky S. 501 of the Senator from Idaho (Mr. CRAPO) (Mr. MCCONNELL) were added as co- At the request of Mr. GRAHAM, the was added as a cosponsor of S. 149, a sponsors of S. 281, a bill to authorize names of the Senator from North Caro- bill to provide authority to control ex- the design and construction of a tem- lina (Mr. EDWARDS), the Senator from ports, and for other purposes. porary education center at the Viet- Massachusetts (Mr. KENNEDY), and the S. 193 nam Veterans Memorial. Senator from Wisconsin (Mr. KOHL) At the request of Mr. BINGAMAN, the S. 311 were added as cosponsors of S. 501, a name of the Senator from Indiana (Mr. At the request of Mr. DOMENICI, the bill to amend titles IV and XX of the BAYH) was added as a cosponsor of S. name of the Senator from Alabama Social Security Act to restore funding 193, a bill to authorize funding for Ad- (Mr. SHELBY) was added as a cosponsor for the Social Services Block Grant, to vanced Scientific Research Computing of S. 311, a bill to amend the Elemen- restore the ability of States to transfer Programs at the Department of Energy tary and Secondary Education Act of up to 10 percent of TANF funds to for fiscal years 2002 through 2006, and 1965 to provide for partnerships in char- carry out activities under such block for other purposes. acter education. grant, and to require an annual report S. 198 S. 350 on such activities by the Secretary of At the request of Mr. CRAIG, the At the request of Mr. CHAFEE, the Health and Human Services. name of the Senator from Hawaii (Mr. names of the Senator from Indiana S. 512 AKAKA) was added as a cosponsor of S. (Mr. LUGAR) and the Senator from Min- At the request of Mr. DORGAN, the 198, a bill to require the Secretary of nesota (Mr. DAYTON) were added as co- names of the Senator from South Da- the Interior to establish a program to sponsors of S. 350, a bill to amend the kota (Mr. JOHNSON), the Senator from provide assistance through States to Comprehensive Environmental Re- Utah (Mr. BENNETT), and the Senator eligible weed management entities to sponse, Compensation, and Liability from Arkansas (Mr. HUTCHINSON) were control or eradicate harmful, non- Act of 1980 to promote the cleanup and added as cosponsors of S. 512, a bill to native weeds on public and private reuse of brownfields, to provide finan- foster innovation and technological ad- land. cial assistance for brownfields revital- vancement in the development of the S. 202 ization, to enhance State response pro- Internet and electronic commerce, and At the request of Mr. ALLEN, his grams, and for other purposes. to assist the States in simplifying their name was added as a cosponsor of S. S. 392 sales and use taxes. 202, a bill to rename Wolf Trap Farm At the request of Mr. SARBANES, the S. 517 Park for the Performing Arts as ‘‘Wolf name of the Senator from Texas (Mrs. At the request of Mr. BINGAMAN, the Trap National Park for the Performing HUTCHISON) was added as a cosponsor of name of the Senator from Idaho (Mr. Arts’’. S. 392, a bill to grant a Federal Charter CRAPO) was added as a cosponsor of S. S. 255 to Korean War Veterans Association, 517, a bill to authorize funding the De- At the request of Ms. SNOWE, the Incorporated, and for other purposes. partment of Energy to enhance its mis- name of the Senator from Maryland S. 403 sion areas through technology transfer (Ms. MIKULSKI) was added as a cospon- At the request of Mr. COCHRAN, the and partnerships for fiscal years 2002 sor of S. 255, a bill to require that name of the Senator from Kentucky through 2006, and for other purposes.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2584 CONGRESSIONAL RECORD — SENATE March 20, 2001 S. 543 There being no objection, the bill was happen in an instant. And while Mon- At the request of Mr. WELLSTONE, the ordered to be printed in the RECORD, as tanans have always been known as a names of the Senator from Hawaii (Mr. follows: heartier breed of people, we get sick INOUYE) and the Senator from Georgia S. 568 too. It is unreasonable to expect the (Mr. CLELAND) were added as cospon- Be it enacted by the Senate and House of Rep- farmer who has had a run-in with an sors of S. 543, a bill to provide for equal resentatives of the United States of America in auger or the elderly rancher’s widow to coverage of mental health benefits Congress assembled, drive two hours or more to get stitched with respect to health insurance cov- SECTION 1. EMERGENCY RELIEF FROM HIGH EN- up or to have a crown on a tooth re- erage unless comparable limitations ERGY COSTS FOR CROP PRO- placed. As doctors, dentists, physicians are imposed on medical and surgical DUCERS, LIVESTOCK AND POULTRY PRODUCERS, AND GREENHOUSE OP- assistants, mental health providers, benefits. ERATORS. and nurse practitioners are attracted S. 548 Section 815 of the Agriculture, Rural De- to the more urban areas, Montanans At the request of Mr. HARKIN, the velopment, Food and Drug Administration, and others in isolated communities names of the Senator from Maine (Ms. and Related Agencies Appropriations Act, will suffer. We must do what we can to COLLINS) and the Senator from Penn- 2001 (114 Stat. 1549, 1549A–55), is amended— ensure that these health care providers (1) in subsection (b)(1), by striking ‘‘para- sylvania (Mr. SPECTER) were added as come to rural America, we must give cosponsors of S. 548, a bill to amend graph (2)’’ and inserting ‘‘paragraph (2) and subsection (c)(2)’’; them some incentive to practice in title XVIII of the Social Security Act (2) in subsections (b)(2) and (d), by striking these smaller communities so that citi- to provide enhanced reimbursement ‘‘subsection (c)(2)’’ each place it appears and zens living in these areas can finally for, and expanded capacity to, mam- inserting ‘‘subsection (c)(1)(B)’’; enjoy the medical treatment they de- mography services under the medicare (3) in subsection (c)— serve. program, and for other purposes. (A) by redesignating paragraphs (1), (2), This problem is not unique to my S. CON. RES. 14 and (3) as subparagraphs (A), (B), and (C), re- State of Montana, alone. In fact, At the request of Mr. CAMPBELL, the spectively, and indenting appropriately; throughout the United States, we con- names of the Senator from Ohio (Mr. (B) by striking ‘‘Assistance’’ and inserting the following: tinue to experience scarcity in all or DEWINE) and the Senator from Hawaii ‘‘(1) LOSSES DUE TO DAMAGING WEATHER AND parts of 2,692 counties. In rural areas, (Mr. AKAKA) were added as cosponsors RELATED CONDITIONS.—Assistance’’; and serious shortages exist in the supply of of S. Con. Res. 14, a concurrent resolu- (C) by adding at the end the following: primary care practitioners and spe- tion recognizing the social problem of ‘‘(2) ECONOMIC LOSSES DUE TO HIGHER EN- cialty care practitioners. This is pre- child abuse and neglect, and supporting ERGY COSTS.—The Secretary shall also pro- cisely the reason why this bill is so im- efforts to enhance public awareness of vide assistance under this section to crop portant. it. producers, livestock and poultry producers, Twenty-nine health care organiza- and greenhouse operators for any severe in- S. RES. 16 creased operating costs that the producers tions believe strongly in this legisla- At the request of Mr. THURMOND, the and operators have experienced, or are likely tion, as well. They actively support the names of the Senator from North Caro- to experience, during calendar year 2000 or introduction of this legislation to pro- lina (Mr. HELMS), the Senator from 2001 as the result of an increase in energy vide a tax credit to health care pro- Virginia (Mr. WARNER), the Senator costs or input costs from energy sources.’’; viders establishing practices in under- from Maryland (Mr. SARBANES), the and served areas because they realize it Senator from Texas (Mrs. HUTCHISON), (4) in subsection (e), by striking ‘‘Assist- will help thousands of health care pro- ance’’ and inserting ‘‘Except as provided in the Senator from Minnesota (Mr. DAY- viders make decisions to establish subsection (c)(2), assistance’’. TON), and the Senator from Alabama their practices in America’s under- (Mr. SESSIONS) were added as cospon- served communities. So many commu- By Mr. BURNS: sors of S. Res. 16, a resolution desig- nities whose access to qualified health nating August 16, 2001, as ‘‘National S. 569. A bill entitled the ‘‘Health care professionals has been a constant Airborne Day.’’ Care Access Improvement Act’’; to the ‘‘revolving door’’ will be greatly helped AMENDMENT NO. 112 Committee on Finance. by this tax credit. Mr. President, I hold At the request of Mr. DOMENICI, the Mr. BURNS. Mr. President, I rise here in my hand a letter on behalf of names of the Senator from Texas (Mrs. today to introduce the ‘‘Health Care these various groups which I ask to be HUTCHISON), the Senator from Ken- Access Improvement Act of 2001.’’ This inserted in the RECORD at the conclu- tucky (Mr. MCCONNELL), and the Sen- bill is designed to dramatically expand sion of my remarks. ator from Kentucky (Mr. BUNNING) rural America’s access to modern The PRESIDING OFFICER. Without were added as cosponsors of amend- health care. objection, it is so ordered. ment No. 112 proposed to S. 27, a bill to The Health Care Access Improvement (See exhibit 1.) amend the Federal Election Campaign Act creates a significant tax incentive, Mr. BURNS. It is important to note Act of 1971 to provide bipartisan cam- which encourages doctors, dentists, that less than 11 percent of the nation’s paign reform. physician assistants, licensed mental physicians are practicing in non-met- health providers, and nurse practi- ropolitan areas, less than 11 percent. f tioners to establish practices in under- This is a significant number, folks. We STATEMENTS ON INTRODUCED served areas. Until now, rural areas owe it to the men, women, children, el- BILLS AND JOINT RESOLUTIONS have not been able to compete with the derly and families living in these non- By Mr. SESSIONS (for himself, financial draw of urban settings and urban communities to take steps nec- Mr. COCHRAN, and Mr. HUTCH- therefore have had trouble attracting essary to increase this percentage and INSON): medical professionals to their commu- get more health care providers to their S. 568. A bill to amend the Agri- nities. The $1,000 per month tax credit communities. culture, Rural Development, Food and will allow health care workers to enjoy The Department of Health and Drug Administration, and Related the advantages of rural life without Human Services uses a ratio of one pri- Agencies Appropriations Act, 2001, to drastic financial sacrifices. But the mary care physician per 3,500 popu- respond to the severe economic losses real winners in this bill are the thou- lation as the standard for a primary being incurred by crop producers, live- sands of Americans whose access to care Health Professional Shortage stock and poultry producers, and health care is almost impossible due to Area, HPSA. More than 20 million greenhouse operators as a result of the a lack of doctors and dentists in small Americans live in rural and frontier sharp increase in energy costs or input town America. HPSAs. Most of the State of Montana costs from energy sources; to the Com- There are nine counties in the great is beyond rural, it’s frontier. As of 1997, mittee on Agriculture, Nutrition, and state of Montana which do not have more than 2,200 physicians were needed Forestry. even one doctor. In these rural set- nationwide to satisfy these non-metro- Mr. SESSIONS. Mr. President, I ask tings, agriculture is often the only em- politan primary care HPSAs shortages. unanimous consent that the text of the ployer. Farming and ranching is hard, I think this bill is a step in the right bill be printed in the RECORD. dangerous work. Serious injuries can direction.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2585 Mr. President, I urge my colleagues ‘‘(d) OTHER DEFINITIONS AND SPECIAL to provide sustained assistance as you move to work with me and join in support of RULE.—For purposes of this section— this proposal forward. this legislation. Rural Montana, rural ‘‘(1) BUREAU.—The term ‘Bureau’ means Sincerely, America, and health service providers the Bureau of Health Care Delivery and As- RICHARD W. VALACHOVIC, D.M.D., sistance, Health Resources and Services Ad- M.P.H. all benefit from increased access, serv- ministration of the United States Public Executive Director. ice and a better quality of life. In Health Service. short, everyone wins with this legisla- On behalf of the: American Academy of Pe- ‘‘(2) PHYSICIAN.—The term ‘physician’ has diatric Dentistry; American Association of tion. I look forward to making this leg- the meaning given to such term by section Colleges of Osteopathic Medicine; American islation work for so many of the men, 1861(r) of the Social Security Act. Association of Colleges of Pharmacy; Amer- women and children in need of quality ‘‘(3) PHYSICIAN ASSISTANT.—The term ‘phy- ican Association of Community Dental Pro- health care. sician assistant’ has the meaning given to grams; American Association for Dental Re- I ask unanimous consent that the such term by section 1861(aa)(5)(A) of the So- search; American Association of Public cial Security Act. text of the bill be printed in the Health Dentistry; American College of ‘‘(4) NURSE PRACTITIONER.—The term ‘nurse Nurse-Midwives; American College of Nurse RECORD. practitioner’ has the meaning given to such There being no objection, the bill was Practitioners; American College of Osteo- term by section 1861(aa)(5)(A) of the Social pathic Emergency Physicians; American Col- ordered to be printed in the RECORD, as Security Act. lege of Osteopathic Family Physicians; follows: ‘‘(5) PRIMARY HEALTH SERVICES PROVIDER.— American Dental Association; American S. 569 The term ‘primary health services provider’ Dental Education Association; American means a provider of basic health services (as Be it enacted by the Senate and House of Rep- Dental Hygienists’ Association; American described in section 330(b)(1)(A)(i) of the Pub- resentatives of the United States of America in Medical Student Association; American Op- lic Health Service Act). Congress assembled, tometric Association; American Osteopathic ‘‘(6) HEALTH PROFESSIONAL SHORTAGE SECTION 1. SHORT TITLE. Association; American Psychological Asso- AREA.—The term ‘health professional short- ciation; American Student Dental Associa- This Act may be cited as the ‘‘Health Care age area’ means any area which, as of the be- Access Improvement Act’’. tion; Association of Academic Health Cen- ginning of the eligible service period, is a ters; Association of American Medical Col- SEC. 2. NONREFUNDABLE CREDIT FOR CERTAIN health professional shortage area (as defined leges; Association of American Veterinary PRIMARY HEALTH SERVICES PRO- in section 332(a)(1) of the Public Health Serv- VIDERS SERVING HEALTH PROFES- Medical Colleges; Association of Schools of SIONAL SHORTAGE AREAS. ice Act) taking into account only the cat- Allied Health Professions; Association of egory of health services provided by the (a) IN GENERAL.—Subpart A of part IV of Schools and Colleges of Optometry; Associa- subchapter A of chapter 1 of the Internal qualified primary health services provider. tion of Schools of Public Health; Clinical So- NLY 60 MONTHS TAKEN INTO ACCOUNT.— Revenue Code of 1986 (relating to nonrefund- ‘‘(7) O cial Work Federation; Coalition of Higher In no event shall more than 60 months be able personal credits) is amended by insert- Education Assistance Organizations; Na- taken into account under subsection (a) by ing after section 25A the following new sec- tional Association of Graduate-Professional any individual for all taxable years.’’. tion: Students; National League for Nursing and (b) CLERICAL AMENDMENT.—The table of National Organization of Nurse Practitioners ‘‘SEC. 25B. PRIMARY HEALTH SERVICES PRO- sections for subpart A of part IV of sub- VIDERS SERVING HEALTH PROFES- Faculties. SIONAL SHORTAGE AREAS. chapter A of chapter 1 of the Internal Rev- enue Code of 1986 is amended by inserting ‘‘(a) ALLOWANCE OF CREDIT.—In the case of By Mr. BIDEN (for himself, Mr. after the item relating to section 25A the fol- an individual who is a qualified primary DEWINE, Mr. LEVIN, Mr. SPEC- health services provider for any month dur- lowing new item: TER, Mrs. CARNAHAN, Mrs. ing the taxable year, there shall be allowed ‘‘Sec. 25B. Primary health services providers HUTCHISON, Mr. MILLER, Ms. as a credit against the tax imposed by this serving health professional COLLINS, and Mr. CARPER): chapter for such taxable year an amount shortage areas.’’. S. 570. A bill to establish a perma- equal to $1,000 for each month during such (c) EFFECTIVE DATE.—The amendments taxable year— made by this section shall apply to taxable nent Violence Against Women Office at ‘‘(1) which is part of the eligible service pe- years beginning after December 31, 2001. the Department of Justice; to the Com- riod of such individual, and EXHIBIT 1 mittee on the Judiciary. ‘‘(2) for which such individual is a qualified Mr. BIDEN. Mr. President, today, I primary health services provider. ADEA, ‘‘(b) QUALIFIED PRIMARY HEALTH SERVICES AMERICAN DENTAL EDUCATION address once more the subject of vio- PROVIDER.—For purposes of this section, the ASSOCIATION, lence against women. It is still a prob- term ‘qualified primary health services pro- Washington, DC, March 13, 2001. lem. vider’ means, with respect to any month, Hon. CONRAD BURNS, According Justice Department statis- any physician, physician assistant, or nurse United States Senate, tics, violence against women by inti- practitioner, who is certified for such month Dirksen Senate Office Building, mate partners is actually down, falling Washington, DC. by the Bureau to be a primary health serv- 21 percent from 1993 to 1998. Luckily, ices provider or a mental health provider li- DEAR SENATOR BURNS: The 29 undersigned censed under applicable state law who— organizations actively support your intro- we can thank the programs created by ‘‘(1) is providing primary health services duction of legislation to provide a tax credit the Violence Against Women Act, full time and substantially all of whose pri- to health care providers establishing prac- which I introduced almost a decade mary health services are provided in a health tices in underserved areas. This tax credit ago, and the efforts of advocates all professional shortage area, will not only help thousands of health care across this country, from Dover to ‘‘(2) is not receiving during the calendar providers make decisions to establish their Denver, in educating us to confront do- year which includes such month a scholar- practices in America’s underserved commu- mestic violence head-on. ship under the National Health Service Corps nities, but also will provide sufficient time Scholarship Program or the Indian health for them to establish roots in these commu- Yet, unfortunately, we are far from professions scholarship program or a loan re- nities. eradicating this crime. It is a crime payment under the National Health Service Many communities whose access to quali- which harms women, leaving them bat- Corps Loan Repayment Program or the In- fied health care professionals has been a con- tered and blue, sending them to the dian Health Service Loan Repayment Pro- stant ‘‘revolving door’’ will be greatly helped hospital, and causing them to miss gram, by this tax credit. It is estimated that more work. We have also a crime that affects ‘‘(3) is not fulfilling service obligations than 20,000 clinicians are needed to eliminate their children—children who cower all of the Primary Care Dental, Medical and under such Programs, and while watching their mother get bat- ‘‘(4) has not defaulted on such obligations. Mental Health, Health Professional Shortage Such term shall not include any individual Areas (HPSAs) now designated across our na- tered, children who too often then act who is described in paragraph (1) with re- tion. out their own aggression. spect to any of the 3 most recent months Please accept our endorsement for this I would love to say that, in my life- ending before the date of the enactment of critical proposal that will improve America’s time, we will break this cycle of family this section. public health and access to health care in violence. But, we are not there yet. ‘‘(c) ELIGIBLE SERVICE PERIOD.—For pur- underserved areas. Thank you for offering One way of working towards this poses of this section, the term ‘eligible serv- such an important proposal at the outset of ice period’ means the period of 60 consecu- the legislative session and for your contin- goal, however, is to preserve the Vio- tive calendar months beginning with the ued leadership. Please let us know how we lence Against Women Office at the Jus- first month the taxpayer is a qualified pri- may be helpful to you as we work together tice Department. Today I, along with mary health services provider. to improve access to care. We are committed Senators DEWINE, LEVIN, SPECTER,

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2586 CONGRESSIONAL RECORD — SENATE March 20, 2001 CARNAHAN, HUTCHISON, MILLER, COL- nated by the President and confirmed (2) hold any office in, or act in any capac- LINS, and CARPER, have introduced a by the Senate. This, too, raises the ity for, any organization, agency, or institu- bill making the Office permanent. prestige of the work that the Violence tion with which the Office makes any con- This office is vital because it has Against Women Office seeks to accom- tract or other agreement under the Violence been instrumental in our efforts to Against Women Act of 1994 (title IV of Public plish day-in and day-out. It also sub- Law 103–322) or the Violence Against Women help women harmed by domestic vio- jects the selection of the Director, who Act of 2000 (Division B of Public Law 106–386). lence. Since its inception, the Violence performs the essential job of imple- (c) VACANCY.—In the case of a vacancy, the Against Women Office has distributed menting the Violence Against Women President may designate an officer or em- over one billion dollars in its first five Act, to the democratic process—there- ployee who shall act as Director during the years to states, localities, tribal gov- by insuring that we attract the best vacancy. ernments, and private organizations. candidates. (d) COMPENSATION.—The Director shall be compensated at a rate of pay not to exceed These governments and groups, in Yes, indeed, we are far from solving turn, have used these precious funds to the rate payable for level V of the Executive the crime of domestic violence. But let Schedule under section 5316 of title 5, United improve the investigation and prosecu- us take a step in the right direction. States Code. tion of crimes of domestic violence, Join me in making the Violence SEC. 5. REGULATORY AUTHORIZATION. stalking, and sexual assault; to train Against Women Office permanent. The The Director may, after appropriate con- prosecutors, police officers, and judges safety of women and their families de- sultation with representatives of States and on the special aspects of cases involv- pends on it. units of local government, establish such ing violence against women; and to Mr. President, I ask unanimous con- rules, regulations, and procedures as are nec- offer the needed services to victims and sent that the text of the bill be printed essary to the exercise of the functions of the their families. Office, and are consistent with the stated in the RECORD. purposes of this Act and those of the Vio- In particular, this funding includes There being no objection, the bill was the incredibly successful STOP lence Against Women Act of 1994 (title IV of ordered to be printed in the RECORD, as grants—grants which fund the Services Public Law 103–322) and the Violence Against follows: Women Act of 2000 (Division B of Public Law for the Training of Officers and Pros- 106–386). ecutors. These STOP grants—the larg- S. 570 Be it enacted by the Senate and House of Rep- SEC. 6. OFFICE STAFF. est grant program created by the Vio- The Attorney General shall ensure that lence Against Women Act, are espe- resentatives of the United States of America in Congress assembled, there is adequate staff to support the Direc- cially effective because each grant tor in carrying out the responsibilities of the must be used to upgrade three vital SECTION 1. SHORT TITLE. Director under this Act. This Act may be cited as the ‘‘Violence areas: prosecution, law enforcement, SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Against Women Office Act’’. and victim services. There are authorized to be appropriated Likewise, the Violence Against SEC. 2. ESTABLISHMENT OF VIOLENCE AGAINST such sums as are necessary to carry out this WOMEN OFFICE. Act. Women Office has awarded grants to (a) IN GENERAL.—There is established in encourage arrest policies, which seek the Department of Justice a Violence By Mr. THURMOND (for himself, to educate our police officers that, Against Women Office (in this Act referred Mr. WARNER, and Mr. ALLEN): when they answer a call for help by a to as the ‘‘Office’’) under the general author- S. 571. A bill to provide for the loca- woman being battered, they should not ity of the Attorney General. tion of the National Museum of the turn away. This battery is not a pri- (b) SEPARATE OFFICE.—The Office— United States Army; to the Committee vate matter, to be left behind closed (1) shall not be part of any division or com- on Armed Services. doors—where a man as king of his cas- ponent of the Department of Justice; and (2) shall be a separate office headed by a Mr. THURMOND. Mr. President, tle can do as he pleases. No, not any- Director who shall report to the Attorney today I am introducing legislation to more. That woman’s abuser is commit- General through the Associate Attorney create a National Museum for the ting a crime and he is subject to arrest General of the United States, and who shall United States Army. This endeavor is and prosecution. also serve as Counsel to the Attorney Gen- important to every American, every The Office has also distributed mon- eral. ies to our rural areas as part of the veteran, and all Members of Congress. SEC. 3. JURISDICTION. I would be greatly pleased to have program for Rural Domestic Violence The Office— my colleagues join me in sponsoring and Child Abuse Enforcement. I am (1) shall have jurisdiction over all matters sorry to say but this problem is in related to administration, enforcement, co- this worthy legislation. Our great Capital City and its sur- every part of this nation, and the Vio- ordination, and implementation of all re- lence Against Women Office has sent sponsibilities of the Attorney General or the rounding countryside host every kind funds to every corner of America, all Department of Justice related to violence of museum imaginable, but not one for against women, including formula and dis- the way from Orem, UT to Waterbury, one of this Nation’s greatest institu- cretionary grant programs authorized under tions, the United States Army. Area VT. Yet, despite its pervasiveness, do- the Violence Against Women Act of 1994 mestic violence itself is under attack. museums serving the American public (title IV of Public Law 103–322) and the Vio- today are all worthy museums, but this And the Violence Against Women Of- lence Against Women Act of 2000 (Division B fice is leading the fight. Given the suc- of Public Law 106–386); and great city and this great Nation are cess of the many programs of the Vio- (2) shall be solely responsible for coordina- sadly without a museum for its citizen- lence Against Women Act as adminis- tion with other offices or agencies of admin- soldiers who have sacrificed so much tered by the Office, I believe that the istration, enforcement, and implementation for their country. time has come to make the Violence of the programs, grants, and activities au- The purpose of the legislation which Against Women Office permanent by thorized or undertaken under the Violence I introduce today is to designate a Against Women Act of 1994 (title IV of Public statute. This Office is long overdue a place for the Army Museum to be built Law 103–322) and the Violence Against to preserve, interpret, and display the strong foundation. Women Act of 2000 (Division B of Public Law Moreover, the Office is due the pres- 106–386). important role the Army has played in the history of our Nation. tige it deserves. My bill realizes this SEC. 4. DIRECTOR OF VIOLENCE AGAINST aim in a couple of ways. First, my bill WOMEN OFFICE. What I propose is not new. Over the provides that the Office be separate (a) APPOINTMENT.—The President, by and past two decades many sites have been from any division or component of the with the advice and consent of the Senate, suggested and most are unsatisfactory Justice Department. In this regard, shall appoint a Director for the Violence because they have unrealistic develop- with the Office’s Director reporting di- Against Women Office (in this Act referred ment requirements, because their loca- rectly to the Associate Attorney Gen- to as the ‘‘Director’’) to be responsible for tions are unsuitable for such an es- eral, as my bill requires, the Office will the administration, coordination, and imple- teemed building, or they lacked an ap- mentation of the programs and activities of propriate Army setting. Since 1983, the be shielded from any attempts to undo the office. the great work it has historically ac- (b) OTHER EMPLOYMENT.—The Director process of choosing a site for the Army complished. Why mess with success? shall not— Museum has been a long cumbersome Second, my bill provides that the Di- (1) engage in any employment other than undertaking. A site selection com- rector of the Office shall now be nomi- that of serving as Director; or mittee was organized and it developed

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2587 a list of 17 criteria which any candidate The Fort Belvoir site is also a winner (2) The Army, the oldest United States site is required to possess before it was historically. It is on a portion of Gen- military service, lacks a primary museum to be selected as home to the Army eral George Washington’s properties with public exhibition space and is in dire Museum. Among other requirements, when he was Commander in Chief of need of a permanent facility to house and the Continental Army. It is located on display its historical artifacts. these criteria required such things as: (3) Such a museum would serve to enhance an area permitting movement of large the historical heritage trail of the the preservation, study, and interpretation military vehicles for exhibits and trac- Mount Vernon Estate, The Grist Mill, of Army historical artifacts. tor trailer trucks for shipments, com- Woodlawn Plantation, Pohick Church, (4) Many Army artifacts of historical sig- manding and aesthetically pleasing and Gunston Hall. Situating the Army nificance and national interest which are vistas, positive impact on environ- Museum at Fort Belvoir is a natural currently unavailable for public display ment, closeness to public transpor- tie to a long established military and would be exhibited in such a museum. tation, closeness to a Washington historic installation that has already (5) While the Smithsonian Institution Tourmobile route, convenience to Fort been approved by the National Capitol would be able to assist the Army in devel- Planning Commission to be used for oping programs of presentations relating to Myer for support by the 3rd Infantry, the mission, values, and heritage of the The Old Guard, accessibility by private community activities, which includes Army, such a museum would be a more ap- automobile, adequate parking for 150 museums, as a part of the Fort Belvoir propriate institution for such programs. staff and official visitors, adequate Master Plan. The Fort Belvoir site (b) PURPOSES.—The purposes of this Act parking for a portion of the 1,000,000 meets all 17 criterions originally estab- are— visitors per year that do not use public lished by the Army. (1) to provide for a permanent site for a transportation, food service for staff The bill I am introducing today museum to serve as the National Museum of and visitors, area low in crime and safe names Fort Belvoir as the site for the the United States Army; Army Museum. Fort Belvoir is the best (2) to ensure the preservation, mainte- for staff and visitors, suitable space, nance, and interpretation of the artifacts 300,000 square feet, for construction, a location in the Washington area to host an Army museum. Army veterans and history collected by such museum; low water table, good drainage and no (3) to enhance the knowledge of the Amer- history of flooding and suitability for want to remember and show their con- ican people of the role of the Army in United subterranean construction. tribution to history in an Army setting States history; and Since 1984, more than 60 sites have and culture in which they themselves (4) to provide a facility for the public dis- been studied, yet only a handful has once served. Fort Belvoir is the perfect play of the artifacts and history of the been worthy of any serious consider- place to do this and it qualifies on Army. ation. every criterion established in 1983 by SEC. 3. LOCATION OF THE NATIONAL MUSEUM OF The most prominent recent site sug- the Army’s Site Selection Committee. THE UNITED STATES ARMY. The Secretary of the Army shall provide gestions have included Carlisle, Penn- For Belvoir is Army and should host Army history. Therefore, I ask that my for the location of the National Museum of sylvania; Gettysburg, Pennsylvania; the United States Army at Fort Belvoir, Vir- the Washington Navy Yard; and Fort colleagues support this bill and bring ginia. Belvoir, Virginia. Of these sites, most the 18-year search for a home for the clearly have characteristics which are Army Museum to a close by selecting a ARMY’S NMUSA SITE SELECTION CRITERIA directly contrary to the established worthy home for one of this Nation’s 1. Site large enough for building of 300,000 criteria for site selection. The extraor- greatest institutions. square feet. dinary distance of Carlisle from Wash- Thomas Jefferson wrote to John 2. Suitable soil and other physical prop- ington speaks for itself. The suggestion Adams in 1817, ‘‘A morsel of genuine erties. that the Army locate its museum in history is a thing so rare as to be al- 3. Low water table, good drainage, no his- ways valuable.’’ I am pleased to see tory of flooding and suitable for subterra- Washington’s Navy Yard is also di- nean construction, if necessary. rectly contrary to prerequisites for site that the National U.S. Army Museum is a task for this Congress at the begin- 4. Topography of site permits building de- selection. The Washington Navy Yard sign to include north light for labs and ning of a new century, at a time when is situated in a dangerous and difficult- graphics branch. to-get-to part of Washington, on the all Americans are proud of their Na- 5. Area will permit movement of large tion’s accomplishments and those who Anacostia River and on a precarious 50- military vehicles for exhibits and tractor made it all possible. I am absolutely year flood plain. Because this area trailer trucks for shipments. concerned that all our veterans are 6. Commanding and aesthetically pleasing floods so often, a ‘‘Washington Navy honored, and honored honorably. Every vistas. Yard Army Museum’’, let me pause to year Army veterans bring their fami- 7. Positive impact on environment. repeat this awkward location a ‘‘Wash- lies to Washington and are dis- 8. Close to public transportation. ington Navy Yard Army Museum’’, 9. Close to Tourmobile route. appointed that no museum exists as a might well suffer the embarrassment of 10. Convenient to National Archives and tribute to their service and sacrifice. being closed ‘‘due to flooding.’’ This Library of Congress for staff use. Time is running out for many Army would not be the way America should 11. Convenience to the Pentagon for staff veterans, especially those of World War coordination. honor Army history. The Navy Yard II. I urge my colleagues to review this 12. Close enough to Fort Myer for support over the years has become less military important piece of legislation and sup- by the 3d Infantry, The Old Guard. in character and a patchwork home to port its passage. Mr. President, I ask 13. Accessible by private automobile. various government offices. To locate unanimous consent that the text of 14. Adequate parking for 150 staff and offi- the Army Museum in an old Navy yard, this bill and the site selection criteria cial visitors or space for same. which is sometimes under water, would 15. Adequate parking for a portion of the be printed in the RECORD. 1,000,000 visitors per year that do not use send a clear signal to visitors that There being no objection, the mate- choosing a home to their history was public transportation or space for same. rial was ordered to be printed in the 16. Food service for staff and visitors, if nothing more than an afterthought. RECORD, as follows: not provided in new building. In 1991, the Deputy Secretary of De- S. 571 17. Area low in crime and safe for staff and fense directed that the site searches in- Be it enacted by the Senate and House of Rep- visitors. clude the Mount Vernon Corridor as a resentatives of the United States of America in possible location for the Army Mu- Congress assembled, By Mrs. FEINSTEIN (for herself, seum. Fort Belvoir quickly became a SECTION 1. SHORT TITLE. Mr. CHAFEE, Mr. DURBIN, Mr. very attractive location. Fort Belvoir This Act may be cited as the ‘‘National REED, Mrs. MURRAY, and Mrs. offers a 48-acre site, only 5 minutes Museum of the United States Army Site Act BOXER): from Interstate 95, which is traveled by of 2001’’. S. 573. A bill to amend title XIX of over 300 million vehicles annually, it is SEC. 2. FINDINGS AND PURPOSES. the Social Security Act to allow chil- 3 minutes from the Fairfax County (a) FINDINGS.—Congress makes the fol- dren enrolled in the State children’s lowing findings: parkway, and is served by Metro Bus, (1) The Nation does not have adequate health insurance program to be eligible the Fort Belvoir site fronts on US knowledge of the role of the Army in the de- for benefits under the pediatric vaccine Route 1, Richmond Highway and is velopment and protection of the United distribution program; to the Com- next to the main gate of Fort Belvoir. States. mittee on Finance.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2588 CONGRESSIONAL RECORD — SENATE March 20, 2001 Mrs. FEINSTEIN. Mr. President, I HHS has interpreted the law so nar- Whooping cough and chicken pox are rise today with my colleagues Senators rowly that as many as 630,000 children two examples of diseases for which CHAFEE, DURBIN, REED, MURRAY, and in California under California’s there are vaccinations available. BOXER to introduce a bill to clarify Healthy Families program have lost or We must do more to increase access that children receiving health insur- will lose their eligibility to receive free to vaccinations for our nation’s chil- ance under the State Children’s Health vaccines. Approximately 428,641 kids dren. Insurance Program, SCHIP, in States have lost eligibility to date. In 1998, as many 743,000 poor children like California are eligible for free vac- The VFC program is particularly im- in California, who were uninsured or on cines under the federal Vaccines for portant to California in ensuring ac- Medicaid, received these vaccines. This Children, VFC, program. cess to life-saving immunizations for number is down by approximately Providing low-income children with two reasons. 32,000 children in comparison to the access to immunizations is a high pri- First, California ranks 40th overall 1997 immunization figures for Califor- ority of mine. I believe that we must among states having children fully im- nia’s poor children. work to ensure that our nation’s munized by the age of 19 to 35 months. What can be so basic to public health youngsters begin life protected against In 1996, however, California ranked than immunization against disease? Do the diseases for which there are vac- 32nd. Clearly the situation in Cali- we really want our children to get cinations available. fornia is getting worse rather than bet- polio, measles, mumps, chicken pox, The Centers for Disease Control, ter. Allowing SCHIP children to access rubella, and whooping cough, diseases CDC, estimates that in many areas of immunizations through the VFC pro- for which we have effective vaccines, the U.S. immunization rates continue gram could increase the number of diseases which we have practically to fall below 75 percent among children children receiving vaccinations in the eradicated by widespread immuniza- under 2 years old. This is unacceptable. State. tion? In 1993, the U.S. experienced the larg- Congress recognized the importance est outbreak of whooping cough in over Second, in creating SCHIP in Cali- fornia, the State chose to set up a pro- of immunizations in creating the VFC 20 years. Additionally, from 1989 to program, with many Congressional 1991, a measles outbreak resulted in 123 gram under which the State contracts with private insurers, rather than pro- leaders at the time arguing that child- deaths and 55,000 cases. These are dis- hood immunization is one of the most eases for which vaccinations are avail- viding eligible children care through cost-effective steps we can take to able. Medicaid, Medi-Cal in California. keep our children healthy. While we are doing a better job of The California Managed Risk Medical It makes no sense to me to withhold educating families about the impor- Insurance Board, which is admin- immunizations from children who 1. tance of receiving timely immuniza- istering the new program with the De- tions, we must now focus our efforts on partment of Health Services, wrote to have been getting them when they ensuring access to immunizations for HHS in February 1999: ‘‘It is imperative were uninsured and 2. have no other those most in need. that states like California, who have way to get them once they become in- The federal Vaccines for Children implemented SCHIP using private sured. program, created by Congress in 1993, health insurance, be given the same According to an Annie E. Casey P.L. 105–33, is an excellent example of a support and eligibility for the Vaccines Foundation report, 22 percent of Cali- program that provides vaccines at no for Children, VFC, program at no cost fornia’s two-year olds are not immu- cost to low-income children. as States which have chosen to expand nized. Add to that the fact that we To be eligible for the VFC program their Medicaid program.’’ have one of the highest uninsured rates in the country. under current federal law, a child must A study conducted by the California Over 28 percent of California’s chil- be a Medicaid recipient, uninsured, or Medical Association found that pedi- dren are without health insurance, of American Indian or Alaskan Native atric capitation rates for children ages compared to 25 percent nationally, ac- heritage. 0–21 averages $24.24 per child per cording to the Annie E. Case Founda- The U.S. Department of Health and month. However, a 1998 Towers Perrin tion. Clearly, there is a need. Human Services, HHS, argues that a Study of physician costs for children The San Francisco Chronicle edito- child participating in SCHIP, called ages 0–21 years found averages to be rialized on March 10, 1998: ‘‘More than Healthy Families in California, is not $47.00 per child per month. These num- half a million California children eligible for the free immunizations pro- bers demonstrate the discrepancy be- should not be deprived of vaccinations vided by the VFC program because that tween payment and costs for children child is ‘‘insured.’’ or health insurance because of a tech- enrolled in a capitation plan, which in- I believe the interpretation of ‘‘in- nicality . . .,’’ calling the denial of cludes all children enrolled in Califor- sured’’ is not consistent with vaccines ‘‘a game of semantics.’’ nia’s Healthy Families program. Congress’s intent in establishing Children’s health should not be a SCHIP. I believe that in defining the Add to this discrepancy in payments ‘‘game of semantics.’’ Proper childhood term ‘‘insured’’ at that time Congress the fact that children need 18 to 22 im- immunizations are fundamental to a clearly meant private health insurance munizations before the age of 6. This lifetime of good health. I urge my col- plans. process becomes quite costly! leagues to join me in supporting this Children enrolled in SCHIP, or in my The discrepancy in payment and legislation, to help me keep our chil- State the Healthy Families program, costs means that many California phy- dren healthy. are participating in a federal-state, sicians cannot afford to provide pa- subsidized insurance plan. Healthy tients with the necessary life-saving By Mrs. FEINSTEIN: Families is a state-operated program. immunizations, so children in my S. 574. A bill to amend titles XIX and Families apply to the State for partici- State are often going without vaccina- XXI of the Social Security Act to allow pation. They are not insured by a pri- tions. States to provide health benefits cov- vate, commercial plan, as traditionally This reality has caused serious prob- erage for parents of children eligible defined or as defined in the Vaccine for lems for children in California. for child health assistance under the Children’s law (42 U.S.C. sec. For example: From 1993 to 1997, Or- State children’s health insurance pro- 1396s(b)(2)(B). ange County California had 85 hos- gram, to the Committee on Finance. Several California based provider pitalizations and four deaths related to Mrs. FEINSTEIN. Mr. President. groups agree. For example, in February chicken pox. Across the State in 1996 Today, I am introducing legislation to 1999 the California Medical Association there were 15 deaths and 1,172 hos- allow States, at their option, to enroll wrote to then-HHS Secretary Donna pitalizations related to chicken pox. parents in the State Children’s Health Shalala: ‘‘As they are participants in a The Immunization Branch in California Insurance Program, known as S- CHIP. federal and state-subsidized health pro- reported over 1,000 whooping cough This bill could provide insurance to gram, these individuals are not ‘‘in- cases, including 5 deaths, in 1998—the 2.7 million uninsured parents nation- sured’’ for the purposes of 42 U.S.C. sec. largest number of cases and deaths wide and 356,000 parents in California 1396s(b)(B).’’ since the 1960s. at a time when the uninsured rate in

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2589 the country and in California continues emergency room doctors who ‘‘esti- ance. Over eight in ten of uninsured to rise. mate that anywhere from 20 percent to Californians are working, but they do Congress has appropriated a total of 40 percent of their walk-in patients not earn enough to buy private insur- $17.2 billion for SCHIP for Fiscal Years have no health coverage.’’ ance. SCHIP is a practical and attrac- 1998, 1999, and 2000, or about $4.3 billion Among the 1.85 million uninsured tive alternative. for each Fiscal Year. children in California, nearly two- Many low-income people work for SCHIP is a low-cost health insurance thirds or 1.3 million are eligible for employers who do not offer health in- program for low-income children up to Medicaid or SCHIP, called Healthy surance. In fact, forty percent of Cali- age 19 that Congress created in the Bal- Families in the state, according to the fornia small businesses, those employ- anced Budget Act of 1997. After three University of California at Los Ange- ing between three and 50 employees, do years, SCHIP covers approximately les. not offer health insurance, according two million children across the coun- Last year, we passed legislation ena- to a Kaiser Family Foundation study try, out of the three to four million bling California to keep approximately in June 2000. Californians in 1999 were children estimated to be eligible. $350 million of the $600 million unspent 6.6 percentage points less likely to re- Congress created SCHIP as a way to SCHIP funds. My state and others were ceive health insurance through em- provide affordable health insurance to at risk of losing funds because the law ployers than the average American, uninsured children in families that required states to use all their funds in 62.8 percent versus 69.4 percent, accord- cannot afford to buy private insurance. three years and time was running out ing to UCLA experts. States can choose from three options on the 1998 funds. Since my state and We need to give hard-working, lower when designing their SCHIP program: others still have these funds, as well as income American families affordable, 1. expansion of their current Medicaid funds allotted in fiscal years 1999, 2000 comprehensive health insurance, and program; 2. creation of a separate and 2001, enrolling parents and more this bill does that. State insurance program; or 3. a com- children could be a good way to in- The California Medical Association bination of both approaches. crease enrollment. and Alliance of Catholic Health Care California’s SCHIP is known as the The bill we are introducing today agree with us and support this legisla- Healthy Families program and is set up would gives States the option to ex- tion. as a public-private program rather pand SCHIP coverage to parents whose I urge my colleagues to join me in than a Medicaid expansion. Healthy children are eligible for the program at supporting and passing this bill. By Families allows California families to whatever income eligibility level the giving States the option to cover par- use federal and State SCHIP funds to state sets. In my State, that would ents—whole families—we can reduce purchase private managed care insur- mean a family of four earning up to the number of uninsured, encourage ance for their children. $42,625 would be eligible for coverage. the enrollment of more children, and Under the federal law, States gen- This bill would retain current fund- help keep people healthy by maxi- erally cover children in families with ing formulas, State allotments, bene- mizing this valuable, but currently incomes up to 200 percent of poverty, fits, eligibility rules, and cost-sharing under-utilized program. although States can go higher if their requirements. The only change is to By Mrs. FEINSTEIN (for herself Medicaid eligibility was higher than allow States the option to enroll par- and Ms. SNOWE). that when SCHIP was enacted in 1997 ents. S. 575. A bill entitled the ‘‘Hospital Length or through waivers by the Department An SCHIP expansion should be ac- of Stay Act of 2001’’, to the Committee on of Health and Human Services. In Cali- complished without substituting Health, Education, Labor, and Pensions. fornia, eligibility was raised to 250 per- SCHIP coverage for private insurance Mrs. FEINSTEIN. Mr. President, cent of poverty in November 1999, or other public health insurance that today, Senator OLYMPIA SNOWE and I which increased the number of eligible parents might already have. The cur- are introducing a bill to guarantee that children by 129,000. rent SCHIP law requires that State the decision of how long a patient Basic benefits in the California plans include adequate provisions pre- stays in the hospital is left to the at- SCHIP program include inpatient and venting substitution and my bill re- tending physician. Our legislation outpatient hospital services, surgical tains that. For example, many States would require health insurance plans and medical services, lab and x-ray require that an enrollee be uninsured to cover the length of hospital stay for services, and well-baby and well-child before he or she is eligible for the pro- any procedure or illness as determined care, including immunizations. Addi- gram. This bill does not change that by the physician to be medically appro- tional services which States are en- requirement. priate, in consultation with the pa- couraged to provide, and which Cali- This bill is important for several rea- tient. fornia has elected to include, are pre- sons. More than 75 percent of uninsured The bill is endorsed by the American scription drugs and mental health, vi- children live with parents who are un- Medical Association, the American sion, hearing, dental, and preventive insured. Many experts say that by cov- College of Surgeons, the American Col- care services such as prenatal care and ering parents of uninsured children we lege of Obstetricians and Gyne- routine physical examinations. can actually cover more children. cologists, and the American Psycho- In California, enrollees pay a $5.00 co- If an entire family is enrolled in a logical Association. payment per visit which generally ap- plan and seeing the same doctors, in We are introducing this bill because plies to inpatient services, selected other words, if the care is convenient many people, patients and physicians, outpatient services, and various other for the whole family, all the members have told us that HMOs set limits on health care services. of the family are more likely to be in- hospital stays that are shorter than The United States faces a serious sured and to stay healthy. This is a key what the attending physicians believe health care crisis that continues to reason for this legislation, bringing in are medically necessary. In my view, grow as more and more people go with- more children by targeting the whole only the physician who is taking care out insurance. The U.S. has seen an in- family. of the patient understands the pa- crease in the uninsured by nearly five Private health insurance in the com- tient’s full medical history and the pa- million since 1994. mercial market can be very expensive. tient’s medical condition and needs. Currently, 42 million people, or 17 The average annual cost of family cov- Every patient’s condition and course of percent, of the non- elderly population erage in private health plans is around illness varies. Patients respond dif- in the country are uninsured. In Cali- $6,000. California has some of the low- ferently to treatments. Complications fornia, 22 percent, or 6.8 million, of the est-priced health insurance, yet the arise. The doctor should decide when nonelderly are uninsured. State ranks fourth in uninsured. patients are medically ready to be dis- A study cited in the May 2000 Cali- In California, high housing costs, charged, not an insurance plan. fornia Journal found that as many as high gas and electricity prices, expen- The American Medical Association 2,333 Californians lose health insurance sive commutes, and a high cost-of-liv- has developed patient-based discharge every day. A May 29, 2000 San Jose ing make it difficult for many Cali- criteria which say: ‘‘Patients should Mercury article cited California’s fornia families to buy health insur- not be discharged from the hospital

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2590 CONGRESSIONAL RECORD — SENATE March 20, 2001 when their disease or symptoms cannot intended consequences. Some 7 in 10 Prohibits plans from providing mone- be adequately treated or monitored in physicians said that in dealing with tary or other incentives to induce a the discharge setting.’’ managed care plans, they have exag- physician to provide care inconsistent A number of physicians have shared gerated the severity of a patient’s con- with these requirements. with me their great frustration with dition to ‘‘prevent him or her from It includes language clarifying that: the health care climate, in which they being sent home from a hospital pre- nothing in the bill requires individuals feel they spend too much of time try- maturely.’’ to stay in the hospital for a fixed pe- ing to get permission and justify their The American College of Surgeons riod of time for any procedure; plans decisions on medical necessity to in- said it all when this prestigious organi- may require copayments but copay- surance companies. zation wrote: ‘‘We believe very strong- ments for a hospital stay determined A California pediatrician told me of a ly that any health care system or plan by the physician cannot exceed copay- child with very bad asthma. The insur- that removes the surgeon and the pa- ments for any preceding portion of the ance plan authorized 3 days in the hos- tient from the medical decision-mak- stay. pital; the doctor wanted 4–5 days. He ing process only undermines the qual- It does not pre-empt state laws that told me about a baby with infant botu- ity of that patient’s care and his or her provide greater protection. lism (poisoning), a baby with a toxin health and well being. . . . specifically, It applies to private insurance plans, that had spread from the intestine to single numbers [of days] cannot and Medicare, Medicaid, Medigap, federal the nervous system so that the child should not be used to represent a employees’ plans, Children’s Health In- surance Plan, the Indian Health Serv- could not breathe. The doctor thought length of stay for a given procedure’’, ice. a 10–14 day hospital stay was medically April 24, 1997. ACS wrote, ‘‘We believe very strongly that any health care sys- necessary for the baby; the insurance By Mrs. FEINSTEIN: plan insisted on one week. tem or plan that removes the surgeon S. 576. A bill to require health insur- A California neurologist told my and the patient from the medical deci- ance coverage for certain reconstruc- staff about a seven-year-old girl with sion making process only undermines tive surgery; to the Committee on an ear infection and a fever who went the quality of that patient’s care and Health, Education, Labor, and Pen- to the doctor. When her illness devel- his or her health and well being.’’ sions. oped into pneumonia, she was admitted The American Medical Association Mrs. FEINSTEIN. Mr. President, to the hospital. After two days she was wrote, ‘‘We are gratified that this bill today, I am introducing a bill to re- sent home, but she then returned to would promote the fundamental con- quire health insurance plans to cover the hospital three times because her cept, which the AMA has always en- medically necessary reconstructive insurance plan only covered a certain dorsed, that medical decisions should surgery for congenital defects, develop- number of days. The third time she re- be made by patients and their physi- mental abnormalities, trauma, infec- turned she had meningitis, which can cians, rather than by insurers or legis- tion, tumors, or disease. be life threatening. The doctor said lators. . . We appreciate your initiative This bill is modeled on a California that if this girl had stayed in the hos- and ongoing efforts to protect patients law and responds to reports that insur- pital the first time for five to seven by ensuring that physicians may iden- ance plans are denying coverage for re- days, the antibiotics would have killed tify medically appropriate lengths of constructive surgery that doctors say the infection and the meningitis would stay, unfettered by third party pay- is medically necessary. Too many plans never have developed. ers.’’ are too quick to label it ‘‘cosmetic sur- The American Psychological Associa- Another California physician told my gery.’’ The American Medical News has tion wrote me, ‘‘We are pleased to sup- office about a patient who needed total called the HMOs stance, ‘‘a classic port this legislation, which will require hip replacement because her hip had health plan word game. . . .’’ all health plans to follow the best judg- failed. The doctor believed a seven-day Dr. Henry Kawamoto, testifying be- ment of the patient and attending pro- stay was warranted; the plan would fore the California Assembly Com- vider when determining length of stay only authorize five. mittee on Insurance stated: for inpatient treatment.’’ A Chico, California, maternity ward It used to be that if you were born with Americans are disenchanted with the something deforming, or were in an accident nurse put it this way: ‘‘People’s treat- health insurance system in this coun- ment depends on the type of insurance and had bad scars, the surgery performed to try, as HMO hassles never seem to end fix the problem was considered reconstruc- they have rather than what’s best for and physicians are effectively over- tive surgery. Now, insurers of many kinds them.’’ A Laguna Niguel, California ruled by insurance companies. Doctors are calling it cosmetic surgery and refusing woman, Gwen Placko, wrote this to and patients feel that patient care is to pay for it. me: ‘‘. . . doctors have become mere compromised in a climate in which Many doctors have told me that be- employees of for-profit insurance com- anonymous insurance clerks interfere fore the heavy penetration of managed panies. They are no longer captains of with medical decision- making. care, repairing a person’s abnormali- their own ‘ships’ so to speak. . . Only This bill is one step toward returning ties was considered reconstructive sur- doctors should be the ones to make de- medical decision- making to those gery and insurance companies reim- cisions for the direct treatment and medical professionals trained to make bursed for the medical, hospital, and benefit of their patients.’’ medical decisions. surgical costs. But today, many insur- Physicians say they have to wage a To summarize, the Hospital Length ance companies and managed care or- battle with insurance companies to of Stay Act of 2001: ganizations will not pay for reconstruc- give patients the hospital care they Requires plans to cover hospital tion of many deformities because they need and to justify their decisions lengths of stay for all illnesses and deem them to be ‘‘cosmetic’’ and not a about patient care. conditions as determined by the physi- ‘‘functional’’ repair. A study by the American Academy of cian, in consultation with the patient, This bill is endorsed by the March of Neurology found that the Milliman and to be medically appropriate; Dimes, Easter Seals, the American Robertson guidelines used by many in- Prohibits plans from requiring pro- Academy of Pediatrics, the National surance companies on length of stay viders (physicians) to obtain a plan’s Organization for Rare Disorders, the are ‘‘extraordinarily short in compari- prior authorization for a hospital American College of Surgeons, the son to a large National Library of Med- length of stay; American Society of Plastic and Re- icine database . .. And that [the guide- Prohibits plans from denying eligi- constructive Surgeons, the American lines] do not relate to anything resem- bility or renewal for the purpose of Association of Pediatric Plastic Sur- bling the average hospital patient or avoiding these requirements; geons and the American Society of attending physician. . . .’’ The neurolo- Prohibits plans from penalizing or Maxillofacial Surgeons. gists found that these guidelines were otherwise reducing or limiting reim- The children who face refusals to pay ‘‘statistically developed’’ and not sci- bursement of the attending physician for surgery are the true evidence that entifically sound or clinically relevant. because the physician provided care in this bill is needed. Here are some of the The arbitrary limits HMOs and insur- accordance with the requirements of examples that were brought to the ance plans have set are resulting in un- the bill; and California legislature:

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2591 Hanna Gremp, a 6-year old from Cali- S. 577. A bill to limit the administra- ciation, CMA, called the ‘‘Knox-Keene fornia, was born with a congenital tive expenses and profits of managed Health Plan Expenditures Summary.’’ birth defect, called bilateral microtia, care entities to not more than 15 per- The March 2001 CMA report covering the absence of an inner ear. Once the cent of premium revenues; to the Com- Fiscal Years 1999 to 2000 found a range first stage of the surgery was complete, mittee on Health, Education, Labor, of administrative expenditures from the Gremp’s HMO denied the next sur- and Pensions. plans in my state from a low of 2.7 per- gery for Hanna. They called the other Mrs. FEINSTEIN. Mr. President, cent, Kaiser Foundation Health Plan, surgeries ‘‘cosmetic’’ and not medi- today, I am introducing the Health Southern California, to a high of 22.1 cally necessary. Benefits Integrity Act to make sure percent, OMNI Healthcare, Inc. Michael Hatfield, a 19-year old from that most health care dollars that peo- If HMOs are to be credible, they must Texas, has gone through similar strug- ple and employers pay into a managed be more prudent in how they spend en- gles. He was born with a congenital care health insurance plan get spent on rollees’ dollars. Administrative ex- birth defect that is known as a midline health care and not on overhead. penses must be limited to reasonable facial cleft. The self-insured plan his Under my bill, managed care plans expenses. parents had only paid for a small por- would be limited to spending 15 percent An October 1999 report by Interstudy tion of the surgery which recon- of their premium revenues on adminis- found that for private HMO plans, ad- structed his nose. The HMO also re- tration. This means that if they spend ministrative expenses range from 11 fused to pay any part of the surgery 15 percent on administration, they percent to 21 percent and that for-prof- that reconstructed his cheekbones and could spend 85 percent of premiums it HMOs spend proportionately more on eye sockets. The HMO considered some revenues on health care benefits or administrative cost than not-for-profit of these surgeries to be ‘‘cosmetic.’’ services. HMOs. This study found the lowest rate Cigna Health Care denied coverage This bill was prompted by a study by to be 3.6 percent and the highest 38 per- for surgery to construct an ear for a the Inspector General (IG) for the U.S. cent in California! In some states the little California girl born without one Department of Health and Human maximums were even higher. Services reported under a USA Today and only after adverse press coverage The shift from fee-for-service to man- headline in February, ‘‘Medicare HMOs reversed its position saying that, ‘‘It aged care as a form of health insurance Hit for Lavish Spending.’’ The IG re- was determined that studies have has been rapid in recent years. Nation- viewed 232 managed care plans that shown some functional improvement ally, 86 percent of people who have em- contract with Medicare and found that following surgery.’’ ployment-based health insurance (81.3 in 1999 the average amount allocated Qual-Med, another California HMO, million Americans) are in some form of for administration ranged from a high initially denied coverage for recon- managed care. Around 16 percent of of 32 percent to a low of three percent. structive surgery for a little boy who Medicare beneficiaries are in managed The IG recommended that the Depart- also had microtia, authorizing it only care nationally (40 percent in Cali- ment establish a ceiling on the amount after many appeals and two years fornia), a figure that doubled between of administrative expenditures of delay. 1994 and 1997. By 2010, the Congres- plans, noting that if a 15 percent ceil- The bill uses medically-recognized sional Budget Office predicts that 31 ing had been place in 1998, an addi- terms to distinguish between medically percent of Medicare beneficiaries will tional $1 billion could have been passed necessary surgery and cosmetic sur- be in managed care. Between 1987 and on to Medicare beneficiaries in the gery. It defines medically necessary re- 1999, the number of health plans con- form of additional benefits or reduce constructive surgery as surgery ‘‘per- tracting with Medicare went from 161 deductibles and copayments. formed to correct or repair abnormal to 299. As for Medicaid, in 1993, 4.8 mil- The report said, ‘‘This review, simi- structures of the body caused by con- lion people (14 percent of Medicaid lar OIG reviews, and other studies have genital defects, developmental abnor- beneficiaries) were in managed care. shown that MCOs’ [managed care orga- malities, trauma, infection, tumors, or Today, 17.8 million (55.6 percent) are in nizations’] exorbitant administrative disease to (1) improve functions; or (2) managed care, according to the Kaiser costs have been problematic and can be give the patient a normal appearance, Family Foundation. In California, 52 the source for abusive behavior.’’ Here to the extent possible, in the judgment percent or 2.6 million out of 5 million are some examples cited by the Inspec- of the physician performing the sur- Medicaid beneficiaries are in managed tor General on page 7 of the January gery.’’ The bill specifically excludes care. cosmetic surgery, defined as ‘‘surgery 18, 2000 report: $249,283 for food, gifts In California, the state which pio- that is performed to alter or reshape and alcoholic beverages for meetings neered managed care for the nation, an normal structures of the body in order by one plan; $190,417 for a sales award estimated 88 percent of the insured are to improve appearance.’’ meeting in Puerto Rico for one plan; in some form of managed care. Of the Examples of conditions for which sur- $157,688 for a party by one plan; $25,057 3.7 million Californians who are in gery might be medically necessary are for a luxury box at a sports arena by Medicare, 40 percent, 1.4 million, are in the following: cleft lips and palates, one plan; $106,490 for sporting events managed care, the highest rate in the burns, skull deformities, benign tu- and/or theater tickets at four plans; U.S. As for Medicaid in California, 2.5 mors, vascular lesions, missing pec- $69,700 for holiday parties at three million people, 50 percent, of bene- toral muscles that cause chest deformi- plans; $37,303 for wine gift baskets, ficiaries are in managed care. ties, Crouson’s syndrome (failure of the flowers, gifts and gift certificates at mid-face to develop normally), and in- one plan. And so managed care is growing and juries from accidents. It is no wonder that people today are most people think it is here to stay. This bill is an effort to address the angry at HMOs. When our hard-earned I am pleased to say that in California arbitrariness of insurance plans that premium dollars are frittered away on we already have a regulation along the create hassles and question physicians’ purchases like these, we have to ask lines of the bill I am proposing. We judgments when people try to get cov- whether HMOs are really providing the have in place a regulatory limit of 15 erage under the plan they pay pre- best care possible. Furthermore, in the percent on commercial HMO plans’ ad- miums for every month. case of Medicare, we are also talking ministrative expenses. This was estab- We need our body parts to function about wasted taxpayer dollars since lished in my state for commercial and, fortunately, modern medicine Part B of Medicare is funded in part by plans because of questionable expenses today can often make that happen. We the general treasury. One dollar wasted like those the HHS IG found in Medi- can restore, repair, and make whole in Medicare is one dollar too much. care HMO plans and because prior to parts which by fate, accident, genes, or Medicare needs all the funds it can the regulation, some plans had admin- whatever, do not perform as they muster to stay solvent and to be there istrative expense as high as 30 percent should. I hope this bill can make that for beneficiaries when they need it. of premium revenues. happen. I was also encouraged to introduce This bill will never begin to address the bill because of annual studies pre- all the problems patients experience By Mrs. FEINSTEIN: pared by the California Medical Asso- with managed care in this country.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2592 CONGRESSIONAL RECORD — SENATE March 20, 2001 That is why we also need a strong Pa- Act of 1961 to authorize the Secretary businesses engaged overseas the oppor- tients Bill of Rights bill. I hope, how- of State to provide for the establish- tunity to publicly support cross-cul- ever, this bill will discourage abuses ment of nonprofit entities for the De- tural understanding in countries where like those the HHS Inspector General partment of State’s international edu- they do business. found and will help assure people that cational, cultural, and arts programs; The non-profit entity would work their health care dollars are spent on to the Committee on Foreign Rela- with the Bureau of Educational and health care and are not wasted on out- tions. Cultural Affairs as well as the Under ings, parties, and other activities to- Mr. BIDEN. Mr. President, today I Secretary for Public Diplomacy at the tally unrelated to providing health am reintroducing legislation to author- Department of State. care services. ize the establishment of nonprofit enti- I understand that the House Inter- I call on my colleagues to join me in ties to provide grants and other assist- national Relations Committee is plan- enacting this bill. ance for international educational, cul- ning to consider a version of this bill tural and arts programs through the later this week. I look forward to By Mr. DORGAN: Department of State. This is an initia- working with my colleagues in the S. 578. A bill to prohibit the Sec- tive that was developed last year in Senate on this legislation in the com- retary of Transportation from amend- discussions with officials of the Depart- ing weeks. ing or otherwise modifying the oper- ment of State. I am pleased to be I ask unanimous consent that the ating certificates of major air carriers joined by Representative JIM LEACH of text of the bill be printed in the in connection with a merger or acquisi- the other body, who is introducing the RECORD. tion for a period of 2 years, and for same bill today. There being no objection, the bill was other purposes; to the Committee on We are in an era in which cultural ordered to be printed in the RECORD, as Commerce, Science, and Transpor- issues are increasingly central to inter- follows: tation. national issues and diplomacy. Trade S. 579 Mr. DORGAN. Mr. President, I am disputes, ethnic and regional conflicts, Be it enacted by the Senate and House of Rep- very concerned about the current state and issues such as biotechnology all resentatives of the United States of America in of affairs in our nation’s airline indus- have cultural and intellectual Congress assembled, try. The way airlines have remade underpinnings. SECTION 1. FINDINGS. themselves since deregulation is very Cultural programs are increasingly The Congress makes the following findings: troubling to me and should be very necessary to promoting international (1) It is in the national interest of the troubling to most of the traveling pub- understanding and achieving U.S. na- United States to promote mutual under- lic in this country. tional objectives. American multi- standing between the people of the United Since deregulation we have seen an States and other nations. national companies and other Ameri- (2) Among the means to be used in achiev- unprecedented number of mergers in cans doing business overseas welcome ing this objective are a wide range of inter- the airline industry. What used to be 11 opportunities to support the unique national educational and cultural exchange airlines is now 7, and now with United cultures of nations in which they do programs, including the J. William Ful- wanting to buy US Airways, and Amer- business, as well as telling the story of bright Educational Exchange Program and ican wanting to buy TWA out of bank- America’s diversity in other countries. the International Visitors Program. ruptcy, there is a very high risk that One way they could do this is by (3) Cultural diplomacy, especially the pres- we will quickly be reduced to three helping to sponsor cultural exchange entation abroad of the finest of the creative, mega-carriers in this country. I am programs arranged through the Depart- visual, and performing arts of the United States, is an especially effective means of afraid of what this will mean to com- ment of State. Department officials advancing the United States national inter- petition which is already almost non- tells us, however, that there is appar- est. existent in so many parts of the coun- ently no easy way to do that. More- (4) The financial support available for try. over, many people in our own govern- international cultural and scholarly ex- That is because the major carriers ment are uncertain whether they changes has declined by approximately 10 have spent the last 20 years retreating should engage in presenting the cre- percent in recent years. into regional hubs, such as Min- ative, intellectual and cultural side of (5) There has been a dramatic decline in neapolis, Denver, and Atlanta, where our nation. the amount of funds available for the pur- pose of ensuring that the excellence, diver- one airline will control 50 percent, 70 Under this legislation Congress sity, and vitality of the arts in the United percent, 80 percent of the hub traffic. would authorize the Secretary of State States are presented to foreign audiences by The result has been that a dominant to provide for the establishment of pri- and in cooperation with United States diplo- airline controlling the hub traffic sets vate nonprofit organizations to assist matic and consular representatives. its own prices, and it is the people in in supporting international cultural (6) One of the ways to deepen and expand sparsely populated areas in the country programs, making it both easy and at- cultural and educational exchange programs that end up paying for it with out- tractive for private organizations to is through the establishment of nonprofit en- rageously high prices. support cultural programs in coopera- tities to encourage the participation and fi- nancial support of multinational companies These proposed mergers fly directly tion with the Department of State. In and other private sector contributors. in the face of public interest and ought so doing, we would affirm support for (7) The United States private sector should not to be allowed. We need more than the promotion and presentation of the be encouraged to cooperate closely with the three airlines. Increased consolidation nation’s intellectual and creative best Secretary of State and the Secretary’s rep- would be moving in the wrong direc- as part of American diplomacy. resentatives to expand and spread apprecia- tion. We need more competition, not This initiative would support a broad tion of United States cultural and artistic more concentration. range of cultural exchange programs. accomplishments. That is why I am introducing legisla- Its priority would be to support the or- SEC. 2. AUTHORITY TO ESTABLISH NONPROFIT ENTITIES. tion today to place a moratorium on ganization and promotion of major, high-profile presentations of art exhi- Section 105(f) of the Mutual Educational airline mergers above a certain size for and Cultural Exchange Act of 1961 (22 U.S.C. a couple years so we can take a breath bitions, musical and theatrical per- 2455(f)) is further amended— and evaluate what kind of air transpor- formances which represent the finest (1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and tation system we want in this country. quality of creativity our nation pro- (2) by adding at the end the following new I hope my colleagues will join me in duces. These should be presentations paragraphs: expressing loudly that we must avoid that reach large numbers of people, ‘‘(2) The Secretary of State is authorized having this country go to three major which contribute to achieving our na- to provide for the establishment of private, tional interests and which represent nonprofit entities to assist in carrying out airline carriers. It would be a step the purposes of the Act. Any such entity backward, not forward. the diversity of American culture. shall not be considered an agency or instru- The bill would provide authority to mentality of the United States Government, By Mr. BIDEN: solicit support for specific cultural en- nor shall its employees be considered em- S. 579. A bill to amend the Mutual deavors, offering individuals, founda- ployees of the United States Government for Educational and Cultural Exchange tions, corporations and other American any purposes.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2593 ‘‘(3) The entities may, among other func- spirit, sacrifice, and commitment of and conclusive and shall not be subject to tions— the American people, to the common further administrative or judicial review.’’. ‘‘(A) encourage United States multi- defense of the nation and to the broad- By Mr. FITZGERALD (for him- national companies and other elements of er causes of peace and freedom from the private sector to participate in, and sup- self and Mrs. CLINTON): port, cultural, arts, and educational ex- tyranny throughout the world. It will S. 581. A bill to amend title 10, change programs, including those programs inspire future generations of Ameri- United States Code, to authorize Army that will enhance international appreciation cans, deepening their appreciation of arsenals to undertake to fulfill orders of the cultural and artistic accomplishments what the World War II generation ac- or contracts for articles or services in of the United States; complished in securing freedom and de- advance of the receipt of payment ‘‘(B) solicit and receive contributions from mocracy. Above all, the memorial will the private sector to support these cultural under certain circumstances; to the stand for all time as an important sym- Committee on Armed Services. arts and educational exchange programs; and bol of American national unity, a time- ‘‘(C) provide grants and other assistance Mr. FITZGERALD. Mr. President, I for these programs. less reminder of the moral strength rise today to introduce S. 581, a bill ‘‘(4) The Secretary of State is authorized and awesome power that can flow when that will help United States Army ar- to make such arrangements as are necessary a free people are at once united and senals remain competitive and produc- to carry out the purposes of these entities, bonded together in a common and just tive in the 21st century. The Army ar- including— cause. senals have long been an important ‘‘(A) the solicitation and receipt of funds Construction of this memorial is long military resource. They have not only for the entity; overdue. Opponents have had ample op- served as a cost-effective supplier of ‘‘(B) designation of a program in recogni- portunity to make their case, and tion of such contributions; and high-quality military equipment, they ‘‘(C) designation of members, including while I respect their opinions, the sim- have also proven to be an invaluable employees of the United States Government, ple truth is that the site has been se- supplier of last resort, providing mis- on any board or other body established to ad- lected and the time to begin to move sion-critical parts when private con- minister the entity. dirt has arrived. I hope all of my col- tractors have lacked the capacity to ‘‘(5) Any funds available to the Department league swill join me in sponsoring this meet emergency needs or have of State may be made available to such enti- resolution. Let us, as a nation, prevent breached their contracts with the gov- ties to cover administrative and other costs the cheapening of this tribute by put- for their establishment. Any such entity is ernment. This bill will help ensure that authorized to invest any amount provided to ting a stop to frivolous legal chal- these important facilities do not fall it by the Department of State, and such lenges. Let us say thanks to those who into disuse during the periods between amount, as well as any interest or earnings fought to save the babes of humanity national emergencies and heightened on such amount, may be used by the entity from the wolves of tyranny. Let’s build military needs. to carry out its purposes.’’. the World War II memorial, let’s build Rock Island Arsenal, in my home it upon the National Mall, and let’s state of Illinois, was acquired by the By Mr. HUTCHINSON: build it now. United States in 1804. Located on an is- S. 580. A bill to expedite the con- I ask unanimous consent that the land in the Mississippi River, the area struction of the World War II memorial text of the bill be printed in the was converted to its current function, in the District of Columbia; to the RECORD. and named Rock Island Arsenal, in Committee on Governmental Affairs. There being no objection, the bill was 1862. Since then, Rock Island Arsenal Mr. HUTCHINSON. Mr. President, I ordered to be printed in the RECORD, as has built weapons and military equip- rise today to introduce legislation that follows: ment for all of our nation’s wars, devel- would expedite construction of the S. 580 oping a specialty in the manufacture of World War II Memorial. Some of our Be it enacted by the Senate and House of Rep- howitzers. colleagues may not be aware that even resentatives of the United States of America in Today, Rock Island Arsenal is the after having had the opportunity to Congress assembled, Department of Defense’s only general- argue their case before the twenty-two SECTION 1. EXPEDITED COMMENCEMENT BY purpose metal-manufacturing facility, public hearings over the last five years AMERICAN BATTLE MONUMENTS performing forging, sheet metal, and regarding the site and design of the COMMISSION OF CONSTRUCTION OF welding and heat-treating operations memorial, opponents have now turned WORLD WAR II MEMORIAL. that cover the entire range of techno- to the courts to overturn the Memo- Section 2113 of title 36, United States Code, logically feasible processes. Rock Is- as added by section 601(a) of the Veterans rial’s approval. Millennium Health Care and Benefits Act land Arsenal also contains a machine Regrettably, it is now clear that leg- (Public Law 106–117; 113 Stat. 1576), is amend- shop that is capable of such specialized islation will be needed if the World War ed by adding at the end the following new operations as gear cutting, die sinking, II Memorial is to be constructed before subsection: and tool making; a paint shop certified all the patriots who fought in defense ‘‘(i) CONGRESSIONAL DIRECTION TO COM- to apply Chemical Agent Resistant of liberty have passed on. The ugly MENCE CONSTRUCTION.—(1) Subject to para- Coatings to items as large as tanks; truth is that every day we lose more graph (2), the Commission shall expedi- and a plating shop that can apply than a thousand members of our great- tiously proceed with the construction of the World War II memorial at the dedicated chrome, nickel, cadmium, and copper, est generation. How many more will be Rainbow Pool site in the District of Colum- and can galvanize, parkerize, anodize, deprived of the joy of seeing this richly bia without regard to the National Environ- and apply oxide finishes. deserved tribute to their heroic service mental Policy Act of 1969 (42 U.S.C. 4321 et These capabilities have proven essen- completed? seq.), the Commemorative Works Act (40 tial to the functioning of the United According to the American Battle U.S.C. 1001 et seq.), or any other law per- States military. In recent years, Rock Monuments Commission, the World taining to the siting or design for the World Island Arsenal has been called on to War II Memorial will be the first na- War II memorial. produce M16 gun bolts when a private tional memorial dedicated to all who ‘‘(2) The construction of the World War II contractor defaulted on a contract. It served in the armed forces and Mer- memorial by the Commission shall be con- sistent with— has also produced mission-critical pins chant Marine of the United States dur- ‘‘(A) the final architectural submission and shims for Apache helicopters when ing World War II and acknowledging made to the Commission of Fine Arts and outside suppliers have proven unre- the commitment and achievement of the National Capital Planning Commission sponsive to the Army’s needs. the entire nation. All military veterans on June 30, 2000, as supplemented on Novem- S. 581 will help guarantee that United of the war, the citizens of the home ber 2, 2000; and States arsenals will be there again front, the nation at large, and the high ‘‘(B) such reasonable construction permit when the military needs them in an moral purpose and idealism that moti- requirements as may be required by the Sec- emergency, by helping to ensure that vated the nation’s call to arms will be retary of the Interior, acting through the arsenals have an adequate workload in National Park Service. honored. ‘‘(3) The decision to construct the World normal times. During the 1990s, the De- Symbolic of the defining event of the War II memorial at the dedicated Rainbow partment of Defense shifted away from 20th century in American history, the Pool site, and the decisions regarding the de- direct funding of arsenals to the Work- memorial will be a monument to the sign for the World War II memorial, are final ing Capital Fund, ‘‘W.C.F.’’, system,

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2594 CONGRESSIONAL RECORD — SENATE March 20, 2001 under which private companies com- S. 581 them on our altars, our civil shrines, pete with the arsenals for government Be it enacted by the Senate and House of Rep- and the final resting places of our hon- service and production contracts. This resentatives of the United States of America in ored dead. In 1986, in recognition of the system has improved the efficiency of Congress assembled, high esteem roses are held, President the military by promoting cost trans- SECTION 1. PERFORMANCE OF ORDERS FOR AR- Ronald Reagan and the Congress of the TICLES OR SERVICES BY ARMY AR- parency and discouraging the over- SENALS BEFORE RECEIPT OF PAY- United States proclaimed the rose as consumption of arsenal goods and serv- MENT. the National Floral Emblem of the ices. (a) AUTHORITY.—(1) Chapter 433 of title 10, United States of America. Unfortunately, implementation of United States Code, is amended by inserting This proclamation was as a result of the W.C.F. system has also produced after section 4541 the following new section: the handiwork and dedication of the some unintended consequences. As ar- ‘‘§ 4541a. Army arsenals: performance before American Rose Society. The American senals have been placed in competition receipt of payment Rose Society is the premier organiza- with private firms, they have remained ‘‘(a) AUTHORITY.—Regulations under sec- tion dedicated exclusively to the cul- tied down by government rules that tion 2208(h) of this title shall authorize the tivation of roses. Since 1892, the Amer- Army arsenals to undertake, with working- place the arsenals at a competitive dis- ican Rose Society has strived to en- capital funds, to fulfill orders or contracts of hance the enjoyment and promotion of advantage—and that hamper their ef- customers referred to in subsection (b) for forts to secure a full workload. One of articles or services in advance of the receipt roses to gardeners of all skill levels. In these rules is the requirement that ar- of payment for the articles or services. 2001, the American Rose Society, in senals be paid in advance for all serv- ‘‘(b) TRANSACTIONS TO WHICH APPLICABLE.— conjunction with the 37 member coun- ices and products that they provide. The authority provided in subsection (a) ap- tries that make up the World Federa- Private firms are not required to oper- plies with respect to an order or contract for tion of Rose Societies, the National ate under such conditions, they rou- articles or services that is placed or entered Council of State Garden Clubs, and the into, respectively, with an arsenal by a cus- American Nursery and Landscape Asso- tinely receive payment only once they tomer that— have delivered on their contract. As a ‘‘(1) is— ciation began waging a campaign to result, a military department seeking ‘‘(A) a department or agency of the United honor our national floral emblem, the goods or services, or a private con- States; Rose. tractor seeking help in supplying the ‘‘(B) a person using the articles or services In an effort to increase support for government—is discouraged from con- in fulfillment of a contract of a department public rose gardens in the United tracting with an arsenal. Even when an or agency of the United States; or States; recognize the beauty and inspi- arsenal can provide higher quality or ‘‘(C) a person supplying the articles or ration roses add to the environment services to a foreign government under sec- and landscapes of cities, and commu- at lower cost, the requirement of up- tions 22, 23, and 24 of the Arms Export Con- front payment may prove burdensome trol Act (22 U.S.C. 2762, 2763, 2764); and nities around the country; to introduce enough to convince purchasers to meet ‘‘(2) is eligible under any other provision of the therapeutic benefits of roses to their needs elsewhere. law to obtain the articles or services from people of all ages and background; to The legislation that I introduce the arsenal.’’. provide educational programs designed today will place United States Army (2) The table of sections at the beginning of to stimulate and teach about the joys arsenals on a more equal footing with such chapter is amended by inserting after of gardening, especially rose gardening; the item relating to section 4541 the fol- their private competitors. It will limit and to teach the great history and di- lowing new item: versity the genus offers, the American the advance-payment requirement to ‘‘4541a. Army arsenals: performance before only those circumstances where pay- Rose Society, whose national head- receipt of payment.’’. quarters is located in Shreveport, Lou- ment is less than certain, and will oth- (b) REGULATIONS.—The Secretary of De- erwise allow arsenals to accept pay- fense shall prescribe the regulations to carry isiana, is requesting a joint congres- ment after performance. Specifically, out section 4541a of title 10, United States sional resolution proclaiming the year arsenals will be allowed to accept later Code (as added by subsection (a)), not later 2002 as the Year of the Rose. payment when the United States pur- than 60 days after the date of the enactment The American people have long held chases directly from an arsenal, when of this Act. a special place in their hearts for roses. Let us continue to cherish them, honor an arsenal supplies a contractor serv- By Ms. LANDRIEU: ing the United States, or when pay- the love and devotion they represent S.J. Res. 8. A joint resolution desig- and to bestow them upon all we love ment for foreign military purchases is nating 2002 as the ‘‘Year of the Rose’’; guaranteed by the United States. In just as God has bestowed them on us. to the Committee on the Judiciary. I ask unanimous that the text of this these cases, an advance-payment re- Ms. LANDRIEU. Mr. President, I rise quirement is unnecessary—it serves resolution be printed in the RECORD. today to bring to the attention of the There being no objection, the joint only to put the arsenals at a competi- Senate, the continuing beauty and ap- tive disadvantage. Application of the resolution was ordered to be printed in peal that flowers bring to our nation. the RECORD, as follows: requirement in these circumstances Americans have always loved the flow- S.J. RES. 8 should be ended. ers which God has chosen to decorate S. 581 will help ensure that Army ar- our land. In particular, we hold the Whereas the study of fossils has shown that the rose has been a native wild flower in senals will be able to secure an ade- rose dear as symbols of life, love, devo- quate workload in periods between sup- the United States for over 35,000,000 years; tion, beauty, and eternity. For the love Whereas the rose is grown today in every ply emergencies. This bill will also of man and woman, for the love of State; serve taxpayers’ money by encouraging mankind and God as well as for the Whereas the rose has long represented efficient use of reserve resources, love of country, Americans who would love, friendship, beauty, peace, and the devo- which must be maintained regardless speak the language of the heart do so tion of the American people to their country; of whether or not they are fully in use. with a rose. Whereas the rose has been cultivated and Therefore, in the interest of encour- We see evidence of this everywhere. grown in gardens for over 5,000 years and is referred to in both the Old and New Testa- aging optimal utilization of an invalu- The study of fossils reveals that the able national resource, and to help in- ments; rose has existed in America for ages. Whereas the rose has for many years been tegrate the Army arsenals into the pri- We have always cultivated roses in our the favorite flower of the American people, vate-competition system of the Work- gardens. Our first President, George has captivated the affection of humankind, ing Capital Fund, I today introduce s. Washington bred roses and a variety he and has been revered and renowned in art, 581. named after his mother is still grown music, and literature; Mr. President, I ask unanimous con- today. The White House itself boasts of Whereas our first President was also our sent that the text of the bill be printed a beautiful Rose Garden. We find roses first rose breeder, 1 of his varieties being named after his mother and still being grown in the RECORD. in our art, music, and literature. We today; and There being no objection, the bill was decorate our celebrations and parades Whereas in 1986 the rose was designated ordered to be printed in the RECORD, as with roses. Most of all, we present and adopted as the national floral emblem of follows: roses to those we love, and we lavish the United States: Now, therefore, be it

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2595 Resolved by the Senate and House of Rep- S.J. RES. 9 When President Bush reinstated the resentatives of the United States of America in Resolved by the Senate and House of Rep- Mexico City Policy, he turned the Congress assembled, That Congress— resentatives of the United States of America in clock back on women around the world (1) designates the year of 2002 as the ‘‘Year Congress assembled, That Congress dis- by almost two decades. Today, Senator of the Rose’’; and approves the rule submitted by the United (2) requests the President to issue a procla- States Agency for International Develop- BOXER and I are looking toward the fu- mation calling on the people of the United ment relating to the restoration of the Mex- ture and taking the first step to repeal States to observe the year with appropriate ico City Policy (contained in Contract Infor- this antiquated, anti-woman policy. ceremonies and activities. mation Bulletin 01–03, dated February 15, f 2001), and such rule shall have no force or ef- By Mrs. BOXER (for herself, Mr. fect. AMENDMENTS SUBMITTED & REID, Ms. SNOWE, Mr. JEF- Mr. REID. Mr. President, I am PROPOSED FORDS, Ms. COLLINS, Mr. SPEC- pleased to join Senator BOXER in intro- SA 115. Mr. DOMENICI (for himself Mr. TER, and Mr. CHAFEE): ducing a joint resolution of congres- DEWINE, Mr. DURBIN, Mr. ENSIGN, Mrs. FEIN- S.J. Res. 9. A joint resolution pro- sional disapproval relating to the res- STEIN, Ms. COLLINS and Mr. MCCONNELL) pro- viding for congressional disapproval of toration of the Mexico City Policy. posed an amendment to the bill S. 27, to the rule submitted by the United We are taking this step because the amend the Federal Election Campaign Act of States Agency for International Devel- global gag rule—which denies funding 1971 to provide bipartisan campaign reform. opment relating to the restoration of SA 116. Mr. THOMPSON submitted an to any organization that uses its own amendment intended to be proposed by him the Mexico City Policy; to the Com- funds to provide or promote abortion to the bill S. 27, supra; which was ordered to mittee on Foreign Relations. services overseas—is an ill-conceived, lie on the table. Mrs. BOXER. Mr. President, on Feb- anti-woman, and anti-American policy. SA 117. Mr. BENNETT proposed an amend- ruary 15, the United States Agency for The President’s rationale for reim- ment to the bill S. 27, supra. International Development issued Con- posing the gag rule was that he wanted SA 118. Mr. SMITH, of Oregon proposed an tract Information Bulletin 01–03 re- to make abortions more rare. Yet the amendment to the bill S. 27, supra. garding the ‘‘Restoration of the Mexico last time the Mexico City Policy was in SA 119. Mr. ALLARD submitted an amend- City Policy.’’ effect, there was no reduction in the ment intended to be proposed by him to the This bulletin reinstates the inter- number of abortions, only reduced ac- bill S. 27, supra; which was ordered to lie on the table. national gag rule, which prohibits cess to quality health care services, SA 120. Mr. ALLARD submitted an amend- international family planning organi- more unintended pregnancies and more ment intended to be proposed by him to the zations that receive federal funding abortions. Research shows that the bill S. 27, supra; which was ordered to lie on from using their own privately-raised only way to reduce the need for abor- the table. funds to counsel women about abor- tion is to improve family planning ef- SA 121. Mr. ALLARD submitted an amend- tion, provide abortion services, and forts that will decrease the number of ment intended to be proposed by him to the lobby on reproductive rights. unintended pregnancies. Access to con- bill S. 27, supra; which was ordered to lie on Today, I am introducing, along with traception reduces the probability of the table. SA 122. Mr. TORRICELLI (for himself, Mr. Senators REID, SNOWE, JEFFORDS, COL- having an abortion by 85 percent. DURBIN, Mr. CORZINE and Mr. DORGAN) pro- LINS, SPECTER, and CHAFEE, a joint res- It the only reason to repeal the Mex- posed an amendment to the bill S. 27, supra. olution of disapproval under the Con- ico City Policy was to decrease the f gressional Review Act. need for abortions then that would be As my colleagues know, the CRA es- enough. But our support of inter- TEXT OF AMENDMENTS tablishes a procedure for the expedited national family planning programs lit- SA 115. Mr. DOMENICI (for himself, consideration of a resolution dis- erally means the difference between Mr. DEWINE, Mr. DURBIN, Mr. ENSIGN, approving an agency rule. life or death for women in developing Mrs. FEINSTEIN, Ms. COLLINS, and Mr. I can think of no other case where ex- countries. At least one woman dies MCCONNELL) proposed an amendment pedited procedures are more appro- every minute of every day from causes to the bill S. 27, to amend the Federal priate. Women’s lives are at stake. related to pregnancy and child birth in Election Campaign Act of 1971 to pro- Approximately 78,000 women developing nations. This means that al- vide bipartisan campaign reform; as throughout the world die each year as most 600,000 women die every year from follows: a result of unsafe abortions. At least causes related to pregnancy. Family On page 37, between lines 14 and 15, insert one-fourth of all unsafe abortions in planning efforts that prevent unin- the following: the world are to girls aged 15–19. By tended pregnancies save the lives of SEC. 305. MODIFICATION OF INDIVIDUAL CON- 2015, contraceptive needs in developing thousands of women and infants each TRIBUTION LIMITS IN RESPONSE TO countries will grow by more than 40 year. EXPENDITURES FROM PERSONAL percent. In addition to reducing maternal and FUNDS. As a result of the gag rule, the orga- infant mortality rates, family planning (a) INCREASED LIMITS FOR INDIVIDUALS.— nizations that are reducing unsafe helps prevent the spread of sexually (1) IN GENERAL.—Section 315 of the Federal abortions and providing contraceptives Election Campaign Act of 1971 (2 U.S.C. 441a) transmitted diseases. This effort is par- is amended— will be forced either to limit their serv- ticularly critical considering that the (A) in subsection (a)(1), by striking ‘‘No ices or to simply close their doors to World Health Organization has esti- person’’ and inserting ‘‘Except as provided in women across the world. And this will mated that 5.9 million individuals, the subsection (i), no person’’; and cause women and families increased majority of whom live in developing (B) by adding at the end the following: misery and death. nations, become infected with HIV al- ‘‘(i) INCREASED LIMIT TO ALLOW RESPONSE Make no mistake, the international most every year. TO EXPENDITURES FROM PERSONAL FUNDS.— gag rule will restrict family planning, Let me be clear: We are not asking to ‘‘(1) INCREASE.— not abortions. In fact, no United States use one single taxpayer dollar to per- ‘‘(A) IN GENERAL.—Subject to paragraph form or promote abortion overseas. (2), if the opposition personal funds amount funds can be used for abortion services. with respect to a candidate for election to That is already law, and has been since The law has explicitly prohibited such the office of Senator exceeds the threshold 1973. This gag rule does, however, re- activities since 1973. Instead, the Mex- amount, the limit under subsection (a)(1)(A) strict foreign organizations in ways ico City Policy would restrict foreign (in this subsection referred to as the ‘appli- that would be unconstitutional here at organizations in a way that would be cable limit’) with respect to that candidate home and that is why we seek to re- unconstitutional in the United States. shall be the increased limit. verse it in an expedited fashion under The Mexico City Policy violates a fun- ‘‘(B) THRESHOLD AMOUNT.— the CRA. damental tenet of our democracy— ‘‘(i) STATE-BY-STATE COMPETITIVE AND FAIR Mr. President, I ask unanimous con- freedom of speech. Exporting a policy CAMPAIGN FORMULA.—In this subsection, the threshold amount with respect to an election sent that a copy of the joint resolution that is unconstitutional at home is the cycle of a candidate described in subpara- be printed in the RECORD. ultimate act of hypocrisy. Surely this graph (A) is an amount equal to the sum of— There being no objection, the resolu- is not the message we want to send to ‘‘(I) $150,000; and tion was ordered to be printed in the struggling democracies who are look- ‘‘(II) $0.04 multiplied by the voting age pop- RECORD, as follows: ing to the United States for guidance. ulation.

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‘‘(ii) VOTING AGE POPULATION.—In this sub- ‘‘(C) LIMITATION ON REPAYMENT OF PER- manner in which the candidate or the can- paragraph, the term ‘voting age population’ SONAL LOANS.—Any candidate who incurs didate’s authorized committee used such means in the case of a candidate for the of- personal loans after the date of enactment of funds. fice of Senator, the voting age population of the Bipartisan Campaign Reform Act of 2001 ‘‘(D) ENFORCEMENT.—For provisions pro- the State of the candidate (as certified under in connection with the candidate’s campaign viding for the enforcement of the reporting section 315(e)). for election shall not repay (directly or indi- requirements under this paragraph, see sec- ‘‘(C) INCREASED LIMIT.—Except as provided rectly), to the extent such loans exceed tion 309.’’. in clause (ii), for purposes of subparagraph $250,000, such loans from any contributions (c) DEFINITIONS.—Section 301 of the Federal (A), if the opposition personal funds amount made to such candidate or any authorized Election Campaign Act of 1971 (2 U.S.C. 431) is over— committee of such candidate after the date is amended by adding at the end the fol- ‘‘(i) 2 times the threshold amount, but not of such election.’’. lowing: over 4 times that amount— (2) EFFECTIVE DATE.—The amendment ‘‘(20) ELECTION CYCLE.—The term ‘election ‘‘(I) the increased limit shall be 3 times the made by subsection (a) shall apply with cycle’ means the period beginning on the day applicable limit; and resepct to loans made or incurred after the after the date of the most recent election for ‘‘(II) the limit under subsection (a)(3) shall date of enactment of this Act. the specific office or seat that a candidate is seeking and ending on the date of the next not apply with respect to any contribution (b) NOTIFICATION OF EXPENDITURES FROM PERSONAL FUNDS.—Section 304(a)(6) of the election for that office or seat. For purposes made with respect to a candidate if such con- Federal Election Campaign Act of 1971 (2 of the preceding sentence, a primary election tribution is made under the increased limit U.S.C. 434(a)(6)) is amended— and a general election shall be considered to of subparagraph (A) during a period in which (1) by redesignating subparagraph (B) as be separate elections. the candidate may accept such a contribu- subparagraph (E); and ‘‘(21) PERSONAL FUNDS.—The term ‘personal tion; and (2) by inserting after subparagraph (A) the funds’ means an amount that is derived ‘‘(ii) 4 times the threshold amount, but not following: from— over 10 times that amount, the increased ‘‘(B) NOTIFICATION OF EXPENDITURE FROM ‘‘(A) any asset that, under applicable State limit shall be 6 times the applicable limit; PERSONAL FUNDS.— law, at the time the individual became a and ‘‘(i) DEFINITION OF EXPENDITURE FROM PER- candidate, the candidate had legal right of ‘‘(iii) 10 times the threshold amount— SONAL FUNDS.—In this subparagraph, the access to or control over, and with respect to ‘‘(I) the increased limit shall be 6 times the term ‘expenditure from personal funds’ which the candidate had— applicable limit; means— ‘‘(i) legal and rightful title; or ‘‘(II) the limit under subsection (a)(3) shall ‘‘(I) an expenditure made by a candidate ‘‘(ii) an equitable interest; not apply with respect to any contribution using personal funds; and ‘‘(B) income received during the current made with respect to a candidate if such con- ‘‘(II) a contribution or loan made by a can- election cycle of the candidate, including— tribution is made under the increased limit didate using personal funds (or a loan se- ‘‘(i) a salary and other earned income from of subparagraph (A) during a period in which cured using such funds) to the candidate’s bona fide employment; the candidate may accept such a contribu- authorized committee. ‘‘(ii) dividends and proceeds from the sale tion; and ‘‘(ii) DECLARATION OF INTENT.—Not later of the candidate’s stocks or other invest- ‘‘(III) the limits under subsection (d) with than the date that is 15 days after the date ments; respect to any expenditure by a State or na- on which an individual becomes a candidate ‘‘(iii) bequests to the candidate; tional committee of a political party shall for the office of Senator, the candidate shall ‘‘(iv) income from trusts established before not apply. file a declaration stating the total amount of the beginning of the election cycle; ‘‘(D) OPPOSITION PERSONAL FUNDS expenditures from personal funds that the ‘‘(v) income from trusts established by be- AMOUNT.—The opposition personal funds candidate intends to make, or to obligate to quest after the beginning of the election amount is an amount equal to the excess (if make, with respect to the election will ex- cycle of which the candidate is the bene- any) of— ceed the State-by-State competitive and fair ficiary; ‘‘(i) the greatest aggregate amount of ex- campaign formula with— ‘‘(vi) gifts of a personal nature that had penditures from personal funds (as defined in ‘‘(I) the Commission; and been customarily received by the candidate section 304(a)(6)(B)) that an opposing can- ‘‘(II) each candidate in the same election. prior to the beginning of the election cycle; didate in the same election makes; over ‘‘(iii) INITIAL NOTIFICATION.—Not later than and ‘‘(ii) the aggregate amount of expenditures 24 hours after a candidate described in clause ‘‘(vii) proceeds from lotteries and similar from personal funds made by the candidate (ii) makes or obligates to make an aggregate legal games of chance; and with respect to the election. amount of expenditures from personal funds ‘‘(C) a portion of assets that are jointly ‘‘(2) TIME TO ACCEPT CONTRIBUTIONS UNDER in excess of 2 times the threshold amount in owned by the candidate and the candidate’s INCREASED LIMIT.— connection with any election, the candidate spouse equal to the candidate’s share of the ‘‘(A) IN GENERAL.—Subject to subparagraph shall file a notification with— asset under the instrument of conveyance or (B), a candidate and the candidate’s author- ‘‘(I) the Commission; and ownership, but if no specific share is indi- ized committee shall not accept any con- ‘‘(II) each candidate in the same election. cated by an instrument of conveyance or tribution under the increased limit under ‘‘(iv) ADDITIONAL NOTIFICATION.—After a ownership, the value of 1⁄2 of the property.’’. paragraph (1)— candidate files an initial notification under ‘‘(i) until the candidate has received notifi- clause (iii) the candidate shall file an addi- SA 116. Mr. THOMPSON submitted cation of the opposition personal funds tional notification each time expenditures an amendment intended to be proposed amount under section 304(a)(6)(B); and from personal funds are made or obligated to by him to the bill S. 27, to amend the ‘‘(ii) to the extent that such contribution, be made in an aggregate amount that exceed when added to the aggregate amount of con- Federal Election Campaign Act of 1971 $10,000 amount with— to provide bipartisan campaign reform; tributions previously accepted under the in- ‘‘(I) the Commission; and creased limits under this subsection for the ‘‘(II) each candidate in the same election. which was ordered to lie on the table; election cycle, exceeds 110 percent of the op- Such notification shall be filed not later as follows: position personal funds amount. than 24 hours after the expenditure is made. On page 37, between lines 14 and 15, insert ‘‘(B) EFFECT OF WITHDRAWAL OF AN OPPOS- ‘‘(v) CONTENTS.—A notification under the following ING CANDIDATE.—A candidate shall not accept clause (iii) or (iv) shall include— SEC. 305. MODIFICATION OF CONTRIBUTION LIM- any contribution under the increased limit ‘‘(I) the name of the candidate and the of- ITS. after the date on which an opposing can- fice sought by the candidate; (a) INCREASE IN INDIVIDUAL LIMITS.—Sec- didate ceases to be a candidate to the extent ‘‘(II) the date and amount of each expendi- tion 315(a)(1) of the Federal Election Cam- that the amount of such increased limit is ture; and paign Act of 1971 (2 U.S.C. 441a(a)(1)) is attributable to such an opposing candidate. ‘‘(III) the total amount of expenditures amended— ‘‘(3) DISPOSAL OF EXCESS CONTRIBUTIONS.— from personal funds that the candidate has (1) in subparagraph (A), by striking ‘‘(A) IN GENERAL.—The aggregate amount made, or obligated to make, with respect to ‘‘$1,000’’ and inserting ‘‘$3,000’’; of contributions accepted by a candidate or a an election as of the date of the expenditure (2) in subparagraph (B), by striking candidate’s authorized committee under the that is the subject of the notification. ‘‘$20,000’’ and inserting ‘‘$60,000’’; and increased limit under paragraph (1) and not ‘‘(C) NOTIFICATION OF DISPOSAL OF EXCESS (3) in subparagraph (C), by striking otherwise expended in connection with the CONTRIBUTIONS.—In the next regularly sched- ‘‘$5,000’’ and inserting ‘‘$15,000’’. election with respect to which such contribu- uled report after the date of the election for (b) INCREASE IN AGGREGATE INDIVIDUAL tions relate shall, not later than 50 days which a candidate seeks nomination for elec- LIMIT.—Section 315(a)(3) of the Federal Elec- after the date of such election, be used in the tion to, or election to, Federal office, the tion Campaign Act of 1971 (2 U.S.C. manner described in subparagraph (B). candidate or the candidate’s authorized com- 441a(a)(3)), as amended by section 102(b), is ‘‘(B) A candidate or a candidate’s author- mittee shall submit to the Commission a re- amended by striking ‘‘$30,000’’ and inserting ized committee shall return the excess con- port indicating the source and amount of ‘‘$75,000’’. tribution to the person who made the con- any excess contributions (as determined (c) INCREASE IN MULTICANDIDATE LIMITS.— tribution. under paragraph (1) of section 315(i)) and the Section 315(a)(2) of the Federal Election

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2597 Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is tablished, financed, maintained, or con- TITLE I—CONTRIBUTIONS amended— trolled by such a candidate or individual (1) in subparagraph (A), by striking shall not accept a contribution from— SEC. 101. REQUIREMENT FOR IN-STATE AND IN- ‘‘$5,000’’ and inserting ‘‘$15,000’’; ‘‘(1) any individual who, at any time dur- DISTRICT CONTRIBUTIONS TO CON- GRESSIONAL CANDIDATES. (2) in subparagraph (B), by striking ing the period beginning on the first day of ‘‘$15,000’’ and inserting ‘‘$45,000’’; and the calendar year preceding the contribution (a) IN GENERAL.—Section 315 of the Federal (3) in subparagraph (C), by striking and ending on the date of the contribution, Election Campaign Act of 1971 (2 U.S.C. 441a) ‘‘$5,000’’ and inserting ‘‘$15,000’’. was required to be listed as a lobbyist on a is amended— (d) INDEXING OF INCREASED LIMITS.— registration or other report filed pursuant to (1) by redesignating subsections (e), (f), (g), (1) IN GENERAL.—Section 315(c) of the Fed- the Lobbying Disclosure Act of 1995 (2 U.S.C. and (h) as subsections (f), (g), (h), and (i), re- eral Election Campaign Act of 1971 (2 U.S.C. 1601 et seq.); spectively; and 441a(c)) is amended— ‘‘(2) an officer, owner, or senior executive (2) by inserting after subsection (d) the fol- (A) in the second sentence of paragraph (1), of any person that, at any time during the lowing: by striking ‘‘subsection (b) and subsection period described in paragraph (1), employed ‘‘(e) REQUIREMENT FOR IN-STATE AND IN- (d)’’ and inserting ‘‘subsections (a), (b), and or retained an individual described in para- DISTRICT CONTRIBUTIONS TO CONGRESSIONAL (d)’’; and graph (1), in their capacity as a lobbyist; CANDIDATES.— (B) in paragraph (2), by striking subpara- ‘‘(3) a political committee directly or indi- ‘‘(1) DEFINITIONS.—In this subsection: graph (B) and inserting the following: rectly established, financed, maintained, or ‘‘(A) IN-STATE CONTRIBUTION.—The term ‘‘(B) the term ‘base period’ means— controlled by an individual described in ‘in-State contribution’ means a contribution ‘‘(i) in the case of subsections (b) and (d), paragraph (1) or (2); or from an individual that is a legal resident of calendar year 1974; and ‘‘(4) a separate segregated fund (described the candidate’s State. ‘‘(ii) in the case of subsection (a), calendar in section 316(b)(2)(C)). ‘‘(B) IN-DISTRICT CONTRIBUTION.—The term year 2001.’’. ‘‘(b) PERIOD CONGRESS IS IN SESSION.—The ‘in-district contribution’ means a contribu- (2) EFFECTIVE DATE.—The amendments period described in this subsection is the pe- tion from an individual that is a legal resi- made by this subsection shall apply to cal- riod— dent of the candidate’s district. endar years after 2002. ‘‘(1) beginning on the first day of any ses- ‘‘(2) LIMIT.—A candidate for nomination to, sion of the body of Congress in which the in- or election to, the Senate or House of Rep- SA 117. Mr. BENNETT proposed an dividual holds office or for which the can- resentatives and the candidate’s authorized amendment to the bill S. 27, to amend didate seeks nomination for election or elec- committee shall not accept an aggregate the Federal Election Campaign Act of tion; and amount of contributions of which the aggre- 1971 to provide bipartisan campaign re- ‘‘(2) ending on the date on which such ses- gate amount of in-State contributions or in- form; as follows: sion adjourns sine die.’’. district contributions, as appropriate, is less On page 37, between lines 14 and 15, insert than 50 percent of such total amount of con- the following: SA 119. Mr. ALLARD submitted an tributions accepted. ‘‘(3) TIME FOR MEETING REQUIREMENT.—A SEC. 305. PROHIBITING SEPARATE SEGREGATED amendment intended to be proposed by FUNDS FROM USING SOFT MONEY him to the bill S. 27, to amend the Fed- candidate shall meet the requirement of TO RAISE HARD MONEY. eral Election Campaign Act of 1971 to paragraph (2) at the end of each reporting pe- Section 316(b)(2)(C) of the Federal Election provide bipartisan campaign reform; riod under section 304. Campaign Act of 1971 (2 U.S.C. 441b(b)(2)(C)) which was ordered to lie on the table; ‘‘(4) PERSONAL FUNDS.—For purposes of this subsection, a contribution that is attrib- is amended by inserting before the period at as follows: the end the following: ‘‘, except that the utable to the personal funds of the candidate costs of such establishment, administration, Strike all after the enacting clause and in- or proceeds of indebtedness incurred by the and solicitation may only be paid from funds sert the following: candidate or the candidate’s authorized com- that are subject to the limitations, prohibi- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. mittee shall not be considered to be an in- State contribution or in-district contribu- tions, and reporting requirements of this (a) SHORT TITLE.—This Act may be cited as Act’’. the ‘‘Campaign Finance Integrity Act of tion.’’. SEC. 306. PROHIBITING CERTAIN POLITICAL 2001’’. (b) CONFORMING AMENDMENTS.—Section 315 COMMITTEES FROM USING SOFT (b) TABLE OF CONTENTS.—The table of con- of the Federal Election Campaign Act of 1971 MONEY TO RAISE HARD MONEY. tents of this Act is as follows: (2 U.S.C. 441a) is amended— Section 323 of the Federal Election Cam- Sec. 1. Short title; table of contents. (1) in subsection (b)(1)(A), by striking ‘‘(e)’’ paign Act of 1971, as added by section 101, is and inserting ‘‘(f)’’; amended by adding at the end the following: TITLE I—CONTRIBUTIONS (2) in subsection (d)(2), by striking ‘‘(e)’’ ‘‘(f) OTHER POLITICAL COMMITTEES.—A po- Sec. 101. Requirement for in-State and in- and inserting ‘‘(f)’’; and litical committee described in section district contributions to con- (3) in subsection (d)(3)(A)(i), by striking 301(4)(A) to which this section does not oth- gressional candidates. ‘‘(e)’’ and inserting ‘‘(f)’’. erwise apply (including an entity that is di- Sec. 102. Use of contributions to pay cam- rectly or indirectly established, financed, SEC. 102. USE OF CONTRIBUTIONS TO PAY CAM- paign debt. maintained, or controlled by such a political PAIGN DEBT. Sec. 103. Modification of political party con- committee) shall not solicit, receive, direct, tribution limits to candidates Section 315 of the Federal Election Cam- transfer, or spend funds that are not subject when candidates make expendi- paign Act of 1971 (2 U.S.C. 441a), as amended to the limitations, prohibitions, and report- tures from personal funds. by section 101, is amended by adding at the ing requirements of this Act.’’. Sec. 104. Modification of contribution lim- end the following: SA 118. Mr. SMITH of Oregon pro- its. ‘‘(j) LIMIT ON USE OF CONTRIBUTIONS TO PAY posed an amendment to the bill S. 27, TITLE II—DISCLOSURE REQUIREMENTS CAMPAIGN DEBT.— ‘‘(1) TIME TO ACCEPT CONTRIBUTIONS.—Be- to amend the Federal Election Cam- Sec. 201. Disclosure of certain non-Federal ginning on the date that is 90 days after the paign Act of 1971 to provide bipartisan financial activities of national date of a general or special election, a can- campaign reform; as follows: political parties. didate for election to the Senate or House of On page 37, between lines 14 and 15, insert Sec. 202. Political activities of corporations Representatives and the candidate’s author- the following: and labor organizations. ized committee shall not accept a contribu- SEC. 305. PROHIBITION ON ACCEPTANCE OF CER- TITLE III—REPORTING REQUIREMENTS tion that is to be used to pay a debt, loan, or TAIN CONTRIBUTIONS WHILE CON- Sec. 301. Time for candidates to file reports. other cost associated with the election cycle GRESS IS IN SESSION. of such election. Sec. 302. Contributor information required Title III of the Federal Election Campaign ‘‘(2) PERSONAL OBLIGATION.—A debt, loan, for contributions in any Act of 1971 (2 U.S.C. 431 et seq.) is amended or other cost associated with an election amount. by adding at the end the following: cycle that is not paid in full on the date that Sec. 303. Prohibition of depositing contribu- is 90 days after the date of the general or ‘‘SEC. 324. PROHIBITION ON ACCEPTANCE OF tions with incomplete contrib- CERTAIN CONTRIBUTIONS WHILE special election shall be assumed as a per- utor information. CONGRESS IS IN SESSION. sonal obligation by the candidate. ‘‘(a) IN GENERAL.—During the period de- Sec. 304. Public access to reports. ‘‘(3) DEFINITION OF ELECTION CYCLE.—In this scribed in subsection (b), a candidate seeking TITLE IV—USE OF GOVERNMENT subsection, the term ‘election cycle’ means nomination for election, or election, to the PROPERTY AND SERVICES the period beginning on the day after the Senate or House of Representatives, any au- Sec. 401. Ban on mass mailings. date of the most recent general election for thorized committee of such a candidate, an the specific office or seat that a candidate is individual who holds such office, or any po- TITLE V—EFFECTIVE DATE seeking and ending on the date of the next litical committee directly or indirectly es- Sec. 501. Effective date. general election for that office or seat.’’.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2598 CONGRESSIONAL RECORD — SENATE March 20, 2001 SEC. 103. MODIFICATION OF POLITICAL PARTY ‘‘(i) for purposes of subsections (b) and (d), bursements during a year in an amount CONTRIBUTION LIMITS TO CAN- calendar year 1974; and equal to or greater than $1,000 for any activ- DIDATES WHEN CANDIDATES MAKE ‘‘(ii) for purposes of paragraphs (1)(A) and ity described in subparagraph (A), (B), or (C) EXPENDITURES FROM PERSONAL of section 316(a)(2) shall submit a statement FUNDS. (2)(A) of subsection (a), calendar year 2002.’’. to the Commission (not later than 24 hours (a) IN GENERAL.—Section 315 of the Federal TITLE II—DISCLOSURE REQUIREMENTS after making the payment) describing the Election Campaign Act of 1971 (2 U.S.C. 441a), SEC. 201. DISCLOSURE OF CERTAIN NON-FED- amount spent and the activity involved.’’. as amended by section 102, is amended by ERAL FINANCIAL ACTIVITIES OF NA- adding at the end the following: TIONAL POLITICAL PARTIES. TITLE III—REPORTING REQUIREMENTS ‘‘(k) CONTRIBUTION LIMITS FOR POLITICAL Section 304(b)(4) of the Federal Election SEC. 301. TIME FOR CANDIDATES TO FILE RE- PARTY COMMITTEES IN RESPONSE TO CAN- Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is PORTS. DIDATE EXPENDITURES OF PERSONAL FUNDS.— amended— (a) MONTHLY REPORTS; 24-HOUR REPORTS.— ‘‘(1) IN GENERAL.—In the case of a general (1) in subparagraph (H)(v), by striking Section 304(a)(2)(A) of the Federal Election election for the Senate or House of Rep- ‘‘and’’ at the end; Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is resentatives, a political party committee (2) in subparagraph (I), by inserting ‘‘and’’ amended— may make contributions to a candidate after the semicolon; and (1) in clause (ii), by striking ‘‘and’’ at the without regard to any limitation under sub- (3) by adding at the end the following: end; and sections (a) and (d) until such time as the ag- ‘‘(J) for a national political committee of a (2) by striking clause (iii) and inserting the gregate amount of contributions is equal to political party, disbursements made by the following: or greater than the applicable limit. committee in an aggregate amount greater ‘‘(iii) additional monthly reports, which ‘‘(2) APPLICABLE LIMIT.—The applicable than $1,000, during a calendar year, in con- shall be filed not later than the 20th day limit under paragraph (1), with respect to a nection with a political activity (as defined after the last day of the month and shall be candidate, shall be the greatest aggregate in section 316(c)(3));’’. complete as of the last day of the month, ex- amount of expenditures that an opponent of cept that monthly reports shall not be re- SEC. 202. POLITICAL ACTIVITIES OF CORPORA- quired under this clause in November and the candidate in the same election and the TIONS AND LABOR ORGANIZATIONS. December and a year end report shall be filed opponent’s authorized committee make (a) DISCLOSURE TO EMPLOYEES AND SHARE- not later than January 31 of the following using the personal funds of the opponent or HOLDERS REGARDING POLITICAL ACTIVITIES.— calendar year; and proceeds of indebtedness incurred by the op- Section 316 of the Federal Election Cam- ponent (including contributions by the oppo- ‘‘(iv) 24-hour reports, beginning on the day paign Act of 1971 (2 U.S.C. 441b) is amended that is 15 days preceding an election, that nent to the opponent’s authorized com- by adding at the end the following: mittee) in excess of 2 times the limit under shall be filed no later than the end of each ‘‘(c) AUTHORIZATION REQUIRED FOR POLIT- 24-hour period; and’’. subsection (a)(1)(A) with respect to a general ICAL ACTIVITY.— election. (b) CONFORMING AMENDMENTS.— ‘‘(1) IN GENERAL.—Except with the sepa- ECTION 304 ‘‘(3) DEFINITION OF POLITICAL PARTY COM- (1) S .—Section 304(a) of the Fed- rate, written, voluntary authorization of eral Election Campaign Act of 1971 (2 U.S.C. MITTEE.—In this subsection, the term ‘polit- each individual, a national bank, corporation 434(a)) is amended— ical party committee’ means a political com- or labor organization described in this sec- mittee that is a national, State, district, or (A) in paragraph (3)(A)(ii), by striking tion shall not— ‘‘quarterly reports’’ and inserting ‘‘monthly local committee of a political party (includ- ‘‘(A) in the case of a national bank or cor- ing any subordinate committee).’’. reports’’; and poration, collect from or assess its stock- (B) in paragraph (8), by striking ‘‘quarterly (b) NOTIFICATION OF EXPENDITURES FROM holders or employees any dues, initiation PERSONAL FUNDS.—Section 304(a)(6) of the report under paragraph (2)(A)(iii) or para- fee, or other payment as a condition of em- Federal Election Campaign Act of 1971 (2 graph (4)(A)(i)’’ and inserting ‘‘monthly re- ployment or membership if any part of the U.S.C. 434(a)(6)) is amended— port under paragraph (2)(A)(iii) or paragraph dues, fee, or payment will be used for a polit- (1) by redesignating subparagraph (B) as (4)(A)’’. ical activity in which the national bank or subparagraph (C); and (2) SECTION 309.—Section 309(b) of the Fed- corporation is engaged; and (2) by inserting after subparagraph (A) the eral Election Campaign Act of 1971 (2 U.S.C. ‘‘(B) in the case of a labor organization, following: 437g(b)) is amended by striking ‘‘calendar ‘‘(B)(i) The principal campaign committee collect from or assess its members or non- quarter’’ and inserting ‘‘month’’. of a candidate for nomination to, or election members any dues, initiation fee, or other SEC. 302. CONTRIBUTOR INFORMATION RE- to, the Senate or House of Representatives payment if any part of the dues, fee, or pay- QUIRED FOR CONTRIBUTIONS IN shall notify the Commission of the aggregate ment will be used for a political activity. ANY AMOUNT. amount expenditures made using personal ‘‘(2) EFFECT OF AUTHORIZATION.—An author- (a) SECTION 302.—Section 302 of the Federal funds of the candidate or proceeds of indebt- ization described in paragraph (1) shall re- Election Campaign Act of 1971 (2 U.S.C. 432) edness incurred by the candidate (including main in effect until revoked and may be re- is amended— contributions by the candidate to the can- voked at any time. (1) in subsection (b)— didate’s authorized committee) in excess of ‘‘(3) DEFINITION OF POLITICAL ACTIVITY.—In (A) in paragraph (1), by striking ‘‘, and if an amount equal to 2 times the limit under this subsection, the term ‘political activity’ the amount’’ and all that follows through section 301(a)(1)(A). includes a communication or other activity the period and inserting: ‘‘and the following ‘‘(ii) The notification under clause (i) that involves carrying on propaganda, at- information with respect to the contribu- shall— tempting to influence legislation, or partici- tion: ‘‘(I) be submitted to the Commission not pating or intervening in a political party or ‘‘(A) The identification of the contributor. later than 24 hours after the expenditure political campaign for a Federal office. ‘‘(B) The date of the receipt of the con- that is the subject of the notification is ‘‘(d) DISCLOSURE OF DISBURSEMENTS FOR tribution.’’; and made; POLITICAL ACTIVITIES.— (B) in paragraph (2)— ‘‘(II) include the name of the candidate, ‘‘(1) CORPORATIONS AND NATIONAL BANKS.—A (i) in subsection (A), by striking ‘‘such con- the office sought by the candidate, and the corporation or national bank described in tribution’’ and inserting ‘‘the contribution date and amount of the expenditure; and this section shall submit an annual written and the identification of the contributor’’; ‘‘(III) include the aggregate amount of ex- report to shareholders stating the amount of and penditures from personal funds that have each disbursement made for a political activ- (ii) in subsection (B), by striking ‘‘such been made with respect to that election as of ity or that otherwise influences a Federal contribution’’ and all that follows through the date of the expenditure that is the sub- election. the period and inserting ‘‘, no later than 10 ject of the notification.’’. ‘‘(2) LABOR ORGANIZATIONS.—A labor orga- days after receiving the contribution, the SEC. 104. MODIFICATION OF CONTRIBUTION LIM- nization described in this section shall sub- contribution and the following information ITS. mit an annual written report to dues paying with respect to the contribution: Section 315 of the Federal Election Cam- members and nonmembers stating the ‘‘(i) The identification of the contributor. paign Act of 1971 (2 U.S.C. 441a) is amended— amount of each disbursement made for a po- ‘‘(ii) The date of the receipt of the con- (1) in subsection (a)— litical activity or that otherwise influences tribution.’’; (A) in paragraph (1)(A), by striking a Federal election, including contributions (2) in subsection (c)— ‘‘$1,000’’ and inserting ‘‘$2,500’’; and and expenditures.’’. (A) by striking paragraph (2); (B) in paragraph (2)(A), by striking ‘‘$5,000’’ (b) DISCLOSURE TO THE COMMISSION OF CER- (B) in paragraph (3), by striking ‘‘or con- and inserting ‘‘$2,500’’; and TAIN PERMISSIBLE ACTIVITIES BY LABOR OR- tributions aggregating more than $200 during (2) in subsection (c)— GANIZATIONS AND CORPORATIONS.—Section 304 any calendar year’’; and (A) in paragraph (1), by striking ‘‘sub- of the Federal Election Campaign Act of 1971 (C) by redesignating paragraphs (3), (4), and section (b) and subsection (d)’’ and inserting (2 U.S.C. 434) is amended by adding at the (5) as paragraphs (2), (3), and (4), respec- ‘‘paragraphs (1)(A) and (2)(A) of subsection end the following: tively; and (a) and subsections (b) and (d)’’; and ‘‘(e) REQUIRED STATEMENT OF CORPORA- (3) in subsection (h)(2), by striking ‘‘(c)(5)’’ (B) in paragraph (2)(A), by striking ‘‘means TIONS AND LABOR ORGANIZATIONS.—Each cor- and inserting ‘‘(c)(4)’’. the calendar year 1974.’’ and inserting poration, national bank, or labor organiza- (b) SECTION 304.—Section 304(b)(3)(A) of the ‘‘means— tion that makes an aggregate amount of dis- Federal Election Campaign Act of 1971 (2

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2599 U.S.C. 434(b)(3)(A)) is amended by striking SEC. 305. DISCLOSURE OF CERTAIN NON-FED- ‘‘(iii) additional monthly reports, which ‘‘whose contribution’’ and all that follows ERAL FINANCIAL ACTIVITIES OF NA- shall be filed not later than the 20th day through ‘‘so elect,’’. TIONAL POLITICAL PARTIES. after the last day of the month and shall be Section 304(b)(4) of the Federal Election complete as of the last day of the month, ex- SEC. 303. PROHIBITION OF DEPOSITING CON- Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is TRIBUTIONS WITH INCOMPLETE cept that monthly reports shall not be re- CONTRIBUTOR INFORMATION. amended— quired under this clause in November and (1) in subparagraph (H)(v), by striking Section 302 of Federal Election Campaign December and a year end report shall be filed ‘‘and’’ at the end; Act of 1971 (2 U.S.C. 432) is amended by add- not later than January 31 of the following (2) in subparagraph (I), by inserting ‘‘and’’ ing at the end the following: calendar year; and after the semicolon; and ‘‘(j) DEPOSIT OF CONTRIBUTIONS.—The treas- ‘‘(iv) 24-hour reports, beginning on the day (3) by adding at the end the following: that is 15 days preceding an election, that urer of a candidate’s authorized committee ‘‘(J) for a national political committee of a shall not deposit or otherwise negotiate a shall be filed no later than the end of each political party, disbursements made by the 24-hour period; and’’. contribution unless the information required committee in an aggregate amount greater by this section is complete.’’. (b) CONFORMING AMENDMENTS.— than $1,000, during a calendar year, in con- (1) SECTION 304.—Section 304(a) of the Fed- SEC. 304. PUBLIC ACCESS TO REPORTS. nection with a political activity (as defined eral Election Campaign Act of 1971 (2 U.S.C. Section 304(a)(11)(B) of the Federal Elec- in section 316(d));’’. 434(a)) is amended— tion Campaign Act of 1971 (2 U.S.C. SEC. 306. POLITICAL ACTIVITIES OF CORPORA- (A) in paragraph (3)(A)(ii), by striking 434(a)(11)(B)) is amended by inserting ‘‘and TIONS AND LABOR ORGANIZATIONS. ‘‘quarterly reports’’ and inserting ‘‘monthly publicly available at the offices of the Com- (a) DISCLOSURE TO EMPLOYEES AND SHARE- reports’’; and mission’’ after ‘‘Internet’’. HOLDERS REGARDING POLITICAL ACTIVITIES.— (B) in paragraph (8), by striking ‘‘quarterly Section 316 of the Federal Election Cam- TITLE IV—USE OF GOVERNMENT report under paragraph (2)(A)(iii) or para- paign Act of 1971 (2 U.S.C. 441b), as amended PROPERTY AND SERVICES graph (4)(A)(i)’’ and inserting ‘‘monthly re- by section 203, is amended by adding at the port under paragraph (2)(A)(iii) or paragraph SEC. 401. BAN ON MASS MAILINGS. end the following: (4)(A)’’. ‘‘(d) DISCLOSURE OF DISBURSEMENTS FOR (a) IN GENERAL.—Section 3210(a)(6) of title (2) SECTION 309.—Section 309(b) of the Fed- 39, United States Code, is amended by strik- POLITICAL ACTIVITIES.— eral Election Campaign Act of 1971 (2 U.S.C. ing subparagraph (A) and inserting the fol- ‘‘(1) CORPORATIONS AND NATIONAL BANKS.—A 437g(b)) is amended by striking ‘‘calendar lowing: corporation or national bank described in quarter’’ and inserting ‘‘month’’. ‘‘(A) A Member of, or Member-elect to, this section shall submit an annual written report to shareholders stating the amount of SEC. 306. CONTRIBUTOR INFORMATION RE- Congress may not mail any mass mailing as QUIRED FOR CONTRIBUTIONS IN franked mail.’’. each disbursement made for a political activ- ANY AMOUNT. ity or that otherwise influences a Federal (b) TECHNICAL AND CONFORMING AMEND- (a) SECTION 302.—Section 302 of the Federal MENTS.— election. Election Campaign Act of 1971 (2 U.S.C. 432) (1) Section 3210 of title 39, United States ‘‘(2) LABOR ORGANIZATIONS.—A labor orga- is amended— Code, is amended— nization described in this section shall sub- (1) in subsection (b)— (A) in subsection (a)— mit an annual written report to dues paying (A) in paragraph (1), by striking ‘‘, and if (i) in paragraph (3)— members and nonmembers stating the the amount’’ and all that follows through (I) in subparagraph (G), by striking ‘‘, in- amount of each disbursement made for a po- the period and inserting: ‘‘and the following cluding general mass mailings,’’; litical activity or that otherwise influences information with respect to the contribu- (II) in subparagraph (I), by striking ‘‘or a Federal election, including contributions tion: other general mass mailing’’; and and expenditures. ‘‘(A) The identification of the contributor. (III) in subparagraph (J), by striking ‘‘or ‘‘(3) DEFINITION OF POLITICAL ACTIVITY.—In ‘‘(B) The date of the receipt of the con- other general mass mailing’’; and this subsection, the term ‘political activity’ tribution.’’; and (ii) in paragraph (6)— includes a communication or other activity (B) in paragraph (2)— (I) by striking subparagraphs (B), (C), and that involves carrying on propaganda, at- (i) in subsection (A), by striking ‘‘such con- (F); tempting to influence legislation, or partici- tribution’’ and inserting ‘‘the contribution (II) by striking the second sentence of sub- pating or intervening in a political party or and the identification of the contributor’’; paragraph (D); and political campaign for a Federal office.’’. and (b) DISCLOSURE TO THE COMMISSION OF CER- (III) by redesignating subparagraphs (D) (ii) in subsection (B), by striking ‘‘such TAIN PERMISSIBLE ACTIVITIES BY LABOR OR- and (E) as subparagraphs (B) and (C), respec- contribution’’ and all that follows through GANIZATIONS AND CORPORATIONS.—Section 304 tively; and the period and inserting ‘‘, no later than 10 of the Federal Election Campaign Act of 1971 (iii) by striking paragraph (7); days after receiving the contribution, the (2 U.S.C. 434), as amended by sections 103 and (B) in subsection (c), by striking ‘‘sub- contribution and the following information 201, is amended by adding at the end the fol- section (a) (4) and (5)’’ and inserting ‘‘para- with respect to the contribution: lowing: graphs (4), (5), and (6) of subsection (a)’’; ‘‘(i) The identification of the contributor. ‘‘(f) REQUIRED STATEMENT OF CORPORATIONS (C) by striking subsection (f); and ‘‘(ii) The date of the receipt of the con- AND LABOR ORGANIZATIONS.—Each corpora- (D) by redesignating subsection (g) as sub- tion, national bank, or labor organization tribution.’’; section (f). that makes an aggregate amount of disburse- (2) in subsection (c)— (2) Section 316 of the Legislative Branch ments during a year in an amount equal to (A) by striking paragraph (2); Appropriations Act, 1990 (39 U.S.C. 3210 note) or greater than $1,000 for any activity de- (B) in paragraph (3), by striking ‘‘or con- is amended by striking subsection (a). scribed in subparagraph (A), (B), or (C) of tributions aggregating more than $200 during (3) Section 311 of the Legislative Branch section 316(a)(2) shall submit a statement to any calendar year’’; and Appropriations Act, 1991 (2 U.S.C. 59e) is the Commission (not later than 24 hours (C) by redesignating paragraphs (3), (4), and amended by striking subsection (f). after making the payment) describing the (5) as paragraphs (2), (3), and (4), respec- (c) EFFECTIVE DATE.—The amendments amount spent and the activity involved.’’. tively; and made by this section shall take effect at the (3) in subsection (h)(2), by striking ‘‘(c)(5)’’ beginning of the first Congress that begins SA 121. Mr. ALLARD submitted an and inserting ‘‘(c)(4)’’. after December 31, 2002. amendment intended to be proposed by (b) SECTION 304.—Section 304(b)(3)(A) of the TITLE V—EFFECTIVE DATE Federal Election Campaign Act of 1971 (2 him to the bill S.27, to amend the Fed- U.S.C. 434(b)(3)(A)) is amended by striking SEC. 501. EFFECTIVE DATE. eral Election Campaign Act of 1971 to ‘‘whose contribution’’ and all that follows Except as otherwise provided in this Act, provide bipartisan campaign reform; through ‘‘so elect,’’. this Act and the amendments made by this which was ordered to lie on the table; SEC. 307. PROHIBITION OF DEPOSITING CON- Act shall take effect 30 days after the date of as follows: TRIBUTIONS WITH INCOMPLETE enactment of this Act. On page 37, between lines 14 and 15, insert CONTRIBUTOR INFORMATION. the following: Section 302 of Federal Election Campaign SA 120. Mr. ALLARD submitted an SEC. 305. TIME FOR CANDIDATES TO FILE RE- Act of 1971 (2 U.S.C. 432) is amended by add- amendment intended to be proposed by PORTS. ing at the end the following: him to the bill S. 27, to amend the Fed- (a) MONTHLY REPORTS; 24-HOUR REPORTS.— ‘‘(j) DEPOSIT OF CONTRIBUTIONS.—The treas- eral Election Campaign Act of 1971 to Section 304(a)(2)(A) of the Federal Election urer of a candidate’s authorized committee Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is shall not deposit or otherwise negotiate a provide bipartisan campaign reform; contribution unless the information required which was ordered to lie on the table; amended— (1) in clause (ii), by striking ‘‘and’’ at the by this section is complete.’’. as follows: end; and SEC. 308. PUBLIC ACCESS TO REPORTS. On page 37, between lines 14 and 15, insert (2) by striking clause (iii) and inserting the Section 304(a)(11)(B) of the Federal Elec- the following: following: tion Campaign Act of 1971 (2 U.S.C.

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S2600 CONGRESSIONAL RECORD — SENATE March 20, 2001 434(a)(11)(B)) is amended by inserting ‘‘and ‘‘(A) At least 6 of the top 50 largest des- ized to meet during the session of the publicly available at the offices of the Com- ignated market areas (as defined in section Senate on Tuesday, March 20, 2001 at mission’’ after ‘‘Internet’’. 122(j)(2)(C) of title 17, United States Code). 10:30 a.m. to hold a hearing. ‘‘(B) At least 3 of the 51-100 largest des- The PRESIDING OFFICER. Without SA 122. Mr. TORRICELLI (for him- ignated market areas (as so defined). objection, it is so ordered. self, Mr. DURBIN, Mr. CORZINE, and Mr. ‘‘(C) At least 3 of the 101-150 largest des- DORGAN) proposed an amendment to ignated market areas (as so defined). SUBCOMMITTEE ON READINESS AND the bill S. 27, to amend the Federal ‘‘(D) At least 3 of the 151-210 largest des- MANAGEMENT SUPPORT Election Campaign Act of 1971 to pro- ignated market areas (as so defined). Mr. MCCONNELL. Mr. President, I ‘‘(3) BROADCAST STATIONS.—Each random ask unanimous consent that the Sub- vide bipartisan campaign reform; as audit shall include each of the 3 largest tele- follows: committee on Readiness and Manage- vision broadcast networks, 1 independent ment Support of the Committee on On page 37, between lines 14 and 15, insert network, and 1 cable network.’’. the following: (e) DEFINITION OF BROADCASTING STATION.— Armed Services be authorized to meet during the session of the Senate on SEC. 305. TELEVISION MEDIA RATES. Subsection (f) of section 315 of such Act (47 (a) LOWEST UNIT CHARGE.—Subsection (b) U.S.C. 315(f)), as redesignated by subsection Tuesday, March 20, 2001 at 9:30 a.m., in of section 315 of the Communications Act of (c)(1) of this section, is amended by inserting open session to receive testimony on 1934 (47 U.S.C. 315) is amended— ‘‘, a television broadcast station, and a pro- the readiness impact of range en- (1) by striking ‘‘(b) The charges’’ and in- vider of cable or satellite television service’’ croachment issues, including: endan- serting the following: before the semicolon. gered species and critical habitats; (f) STYLISTIC AMENDMENTS.—Section 315 of ‘‘(b) CHARGES.— sustainment of the maritime environ- ‘‘(1) IN GENERAL.—Except as provided in such Act (47 U.S.C. 315) is amended— (1) in subsection (a), by inserting ‘‘IN GEN- ment; airspace management; urban paragraph (2), the charges’’; sprawl; air pollution; unexploded ordi- (2) by redesignating paragraphs (1) and (2) ERAL.—’’ before ‘‘If any’’; as subparagraphs (A) and (B), respectively; (2) in subsection (f), as redesignated by nance; and noise. and subsection (c)(1) of this section, by inserting The PRESIDING OFFICER. Without (3) by adding at the end the following: ‘‘DEFINITIONS.—’’ before ‘‘For purposes’’; and objection, it is so ordered. ‘‘(2) TELEVISION.—The charges made for the (3) in subsection (g), as so redesignated, by use of any television broadcast station, or a inserting ‘‘REGULATIONS.—’’ before ‘‘The f provider of cable or satellite television serv- Commission’’. ice, by any person who is a legally qualified f PRIVILEGE OF THE FLOOR candidate for any public office in connection Mr. DEWINE. Mr. President, I ask with the campaign of such candidate for NOTICE OF HEARING unanimous consent my law clerk, nomination for election, or election, to such COMMITTEE ON ENERGY AND NATURAL office shall not exceed the lowest charge of RESOURCES Susan Bruno, be granted floor privi- the station (at any time during the 365-day Mr. MURKOWSKI. Mr. President, I leges during the pendency of the cam- period preceding the date of the use) for the would like to announce for the infor- paign finance reform debate. same amount of time for the same period.’’. mation of the Senate and the public The PRESIDING OFFICER. Without (b) RATE AVAILABLE FOR NATIONAL PAR- objection, it is so ordered. TIES.—Section 315(b)(2) of such Act (47 U.S.C. that a hearing has been scheduled be- 315(b)(2)), as added by subsection (a), is fore the Committee on Energy and Nat- f amended by inserting ‘‘, or by a national ural Resources. committee of a political party on behalf of The hearing will take place on Tues- CALLING UPON THE PEOPLE’S RE- such candidate in connection with such cam- day, March 27, 2001 at 9:30 a.m. in room PUBLIC OF CHINA TO END ITS paign,’’ after ‘‘such office’’. SD–106 of the Dirksen Senate Office HUMAN RIGHTS VIOLATIONS IN (c) PREEMPTION.—Section 315 of such Act Building in Washington, D.C. CHINA AND TIBET (47 U.S.C. 315) is amended— The purpose of this hearing is to con- (1) by redesignating subsections (c) and (d) sider national energy policy with re- Mr. WARNER. Mr. President, I ask as subsections (f) and (g), respectively; and unanimous consent that the Foreign (2) by inserting after subsection (c) the fol- spect to impediments to development of domestic oil and natural gas re- Relations Committee be discharged lowing new subsection: from further consideration of S. Res. ‘‘(d) PREEMPTION.— sources. 22, and the Senate then proceed to its ‘‘(1) IN GENERAL.—Except as provided in Because of the limited time available paragraph (2), a licensee shall not preempt for the hearing, witnesses may testify immediate consideration. the use of a television broadcast station, or by invitation only. However, those The PRESIDING OFFICER. Without a provider of cable or satellite television wishing to submit written testimony objection, it is so ordered. service, by an eligible candidate or political for the hearing record should send two The clerk will report the resolution committee of a political party who has pur- by title. chased and paid for such use pursuant to sub- copies of their testimony to the Com- mittee on Energy and Natural Re- The senior assistant bill clerk read as section (b)(2). follows: ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI- sources, United States Senate, SRC–2 CENSEE.—If a program to be broadcast by a Russell Senate Office Building, Wash- A resolution (S. Res. 22) urging the appro- television broadcast station, or a provider of ington, D.C. 20510–6150. priate representative of the United States to cable or satellite television service, is pre- the United Nations Commission on Human For further information, please call Rights to introduce at the annual meeting of empted because of circumstances beyond the Trici Heninger or Bryan Hannegan at control of the station, any candidate or the Commission a resolution calling upon party advertising spot scheduled to be broad- (202) 224–7932. the People’s Republic of China to end its cast during that program may also be pre- f human rights violations in China and Tibet, and for other purposes. empted.’’. AUTHORITY FOR COMMITTEES TO (d) RANDOM AUDITS.—Section 315 of such MEET There being no objection, the Senate Act (47 U.S.C. 315), as amended by subsection proceeded to consider the resolution. (d), is amended by inserting after subsection COMMITTEE ON FINANCE Mr. WARNER. I ask unanimous con- (d) the following new subsection: Mr. MCCONNELL. Mr. President, I sent that the resolution be agreed to, ‘‘(e) RANDOM AUDITS.— ask unanimous consent that the Com- the preamble be agreed to, the motion ‘‘(1) IN GENERAL.—During the 45-day period mittee on Finance be authorized to preceding a primary election and the 60-day to reconsider be laid upon the table, period preceding a general election, the Com- meet during the session of the Senate and, finally, any statements relating to mission shall conduct random audits of des- on Tuesday, March 20, 2001 to hear tes- the resolution be printed in the ignated market areas to ensure that each timony on the Jordan Free Trade RECORD. television broadcast station, and provider of Agreement. The PRESIDING OFFICER. Without cable or satellite television service, in those The PRESIDING OFFICER. Without objection, it is so ordered. markets is allocating television broadcast objection, it is so ordered. The resolution (S. Res. 22) was agreed advertising time in accordance with this sec- SUBCOMMITTEE ON FOREIGN RELATIONS tion and section 312. to. ‘‘(2) MARKETS.—The random audits con- Mr. MCCONNELL. Mr. President, I The preamble was agreed to. ducted under paragraph (1) shall cover the ask unanimous consent that the Com- The resolution, with its preamble, following markets: mittee on Foreign Relations be author- reads as follows:

VerDate Mar 15 2010 03:40 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2001 CONGRESSIONAL RECORD — SENATE S2601 S. RES. 22 (2) the United States Government should ate completes its business today, it ad- Whereas the annual meeting of the United take the lead in organizing multilateral sup- journ until the hour of 9:30 a.m. on Nations Commission on Human Rights in Ge- port to obtain passage by the Commission of Wednesday, March 21. I further ask neva, Switzerland, provides a forum for dis- such resolution. consent that on Wednesday, imme- cussing human rights and expressing inter- f diately following the prayer, the Jour- national support for improved human rights nal of proceedings be approved to date, performance; EXECUTIVE SESSION the morning hour be deemed expired, Whereas, according to the Department of State and international human rights orga- the time for the two leaders be re- nizations, the Government of the People’s EXECUTIVE CALENDAR served for their use later in the day, and the Senate then resume consider- Republic of China continues to commit wide- Mr. WARNER. Mr. President, I ask spread and well-documented human rights ation of the Torricelli amendment to unanimous consent that the Senate im- abuses in China and Tibet; the campaign finance bill. mediately proceed to executive session Whereas the People’s Republic of China has The PRESIDING OFFICER. Without to consider the following nominations yet to demonstrate its willingness to abide objection, it is so ordered. by internationally accepted norms of free- on the Executive Calendar: Nos. 19 and dom of belief, expression, and association by 20, and all nominations on the Sec- f repealing or amending laws and decrees that retary’s desk in the Coast Guard. I fur- restrict those freedoms; ther ask unanimous consent that the PROGRAM Whereas the Government of the People’s nominations be confirmed, the motion Mr. WARNER. For the information of Republic of China continues to ban and crim- to reconsider be laid upon the table, all Senators, the Senate will resume inalize groups it labels as cults or heretical organizations; any statements relating to the nomina- consideration of the Torricelli broad- Whereas the Government of the People’s tions be printed in the RECORD, the casting amendment beginning at 9:30 Republic of China has repressed unregistered President be immediately notified of a.m. tomorrow. Senators should expect religious congregations and spiritual move- the Senate’s action, and the Senate a vote in relation to the amendment to ments, including Falun Gong, and persists in then return to legislative session. occur at approximately 12:30 p.m. persecuting persons on the basis of unau- The PRESIDING OFFICER. Without Amendments will continue to be of- thorized religious activities using such objection, it is so ordered. fered and voted on every 3 hours measures as harassment, prolonged deten- The nominations considered and con- throughout the day unless time is tion, physical abuse, incarceration, and clo- sure or destruction of places of worship; firmed are as follows: yielded back on the amendments Whereas authorities in the People’s Repub- IN THE COAST GUARD f lic of China have continued their efforts to The following named officer for appoint- extinguish expressions of protest or criti- ment as Commander, Atlantic Area, United ADJOURNMENT UNTIL 9:30 A.M. cism, have detained scores of citizens associ- States Coast Guard, and to the grade indi- TOMORROW ated with attempts to organize a peaceful op- cated under title 14, U.S.C., section 50: Mr. WARNER. If there is no further position, to expose corruption, to preserve To be vice admiral their ethnic minority identity, or to use the business to come before the Senate, I Internet for the free exchange of ideas, and Rear Adm. Thad W. Allen, 0000 now ask unanimous consent that the have sentenced many citizens so detained to The following named officer for appoint- Senate stand in adjournment under the harsh prison terms; ment in the United States Coast Guard to previous order. Whereas Chinese authorities continue to the grade indicated under title 14, U.S.C., There being no objection, the Senate, exert control over religious and cultural in- section 271: at 6:48 p.m., adjourned until Wednes- stitutions in Tibet, abusing human rights To be rear admiral (Lower Half) day, March 21, 2001, at 9:30 a.m. through instances of torture, arbitrary ar- Capt. Harvey E. Johnson, Jr., 0000 rest, and detention of Tibetans without pub- Capt. Sally Brice-O’Hara, 0000 f lic trial for peacefully expressing their polit- CONFIRMATIONS ical or religious views; NOMINATIONS PLACED ON THE SECRETARY’S Whereas bilateral human rights dialogues DESK Executive nominations confirmed by between several nations and the People’s Re- IN THE COAST GUARD the Senate March 20, 2001: public of China have yet to produce substan- PN11 Coast Guard nominations (135) begin- IN THE COAST GUARD tial adherence to international norms; and ning Timothy Aguirre, and ending William J. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Whereas the People’s Republic of China has Ziegler, which nominations were received by AS COMMANDER, ATLANTIC AREA, UNITED STATES signed the International Covenant on Civil COAST GUARD, AND TO THE GRADE INDICATED UNDER the Senate and appeared in the Congres- TITLE 14, U.S.C., SECTION 50: and Political Rights, but has yet to take the sional Record of January 3, 2001. steps necessary to make the treaty legally To be vice admiral f binding: Now, therefore, be it REAR ADM. THAD W. ALLEN, 0000 Resolved, That it is the sense of the Senate LEGISLATIVE SESSION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES COAST GUARD TO THE GRADE IN- that— The PRESIDING OFFICER. The Sen- DICATED UNDER TITLE 14, U.S.C., SECTION 271: (1) at the 57th Session of the United Na- ate will now return to legislative ses- To be rear admiral (lower half) tions Human Rights Commission in Geneva, sion. Switzerland, the appropriate representative CAPT. HARVEY E. JOHNSON JR., 0000 of the United States should solicit cospon- f CAPT. SALLY BRICE-O’HARA, 0000 sorship for a resolution calling upon the ORDERS FOR WEDNESDAY, MARCH IN THE COAST GUARD Government of the People’s Republic of 21, 2001 COAST GUARD NOMINATIONS BEGINNING TIMOTHY China to end its human rights abuses in AGUIRRE, AND ENDING WILLIAM J. ZIEGLER, WHICH Mr. WARNER. Mr. President, I ask NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- China and Tibet, in compliance with its PEARED IN THE CONGRESSIONAL RECORD ON JANUARY international obligations; and unanimous consent that when the Sen- 3, 2001.

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